The ICRC Report on U.S. Torture and Mark Danner’s Valuable Reporting

by Peggy McGuinness

If you read one article about the recently released February 2007 ICRC report on U.S. use of torture, read this one by Mark Danner in the current issue of the NY Review of Books.  Danner correctly points out that, at least since 2004, the broad contours of the practice of torture by the U.S. government have been publicly known.  But despite that fact, the American press and the public have largely treated the question of torture not as a moral or legal question, but as a question of national security:  Does torture work to make us safer?  The debate has recently been rejoined by former VP Cheney, asserting that President Obama’s prohibition against torture and repeal of other Bush-era legal policies has made us less safe.  As we head into the next phase of this dark narrative — criminal and civil cases brought abroad, either a special prosecutor or truth commission/congressional panel at home — Danner explains why the debate over the utility of torture it is central, why the press, on its own, cannot resolve this fundamental question, and why a full investigation with the power to review all available classified information, is essential:

That is the central, unanswered question: What was gained [by the torture]? We know already a good deal about what was lost. On this subject President Obama in his 60 Minutes response was typically eloquent:

I mean, the fact of the matter is after all these years how many convictions actually came out of Guantánamo? How many terrorists have actually been brought to justice under the philosophy that is being promoted by Vice President Cheney? It hasn’t made us safer. What it has been is a great advertisement for anti-American sentiment. Which means that there is constant effective recruitment of Arab fighters and Muslim fighters against US interests all around the world…. The whole premise of Guantánamo promoted by Vice President Cheney was that somehow the American system of justice was not up to the task of dealing with these terrorists…. Are we going to just keep on going until the entire Muslim world and Arab world despises us? Do we think that’s really going to make us safer?

This is as clear and concise a summary of the damage wrought by torture as one is likely to get. Torture has undermined the United States’ reputation for respecting and following the law and thus has crippled its political influence. By torturing, the United States has wounded itself and helped its enemies in what is in the end an inherently political war—a war, that is, in which the critical target to be conquered is the allegiances and attitudes of young Muslims. And by torturing prisoners, many of whom were implicated in committing great crimes against Americans, the United States has made it impossible to render justice on those criminals, instead sentencing them—and the country itself—to an endless limbo of injustice. That limbo stands as a kind of worldwide advertisement for the costs of the US reversion to torture, whose power President Obama has tried to reduce by announcing that he will close Guantánamo.

The question is how to set beside this damage to the country’s interests—some of which can be measured by polling data in Muslim countries, by rises in recruitment to violent jihadist groups, and so on—against the claims that attacks have been averted. As is so often the case, the categories are not commensurable. Confronted with former Vice President Cheney’s arguments, President Obama says “the facts don’t bear him out,” but the facts he points to appear to be facts about the political damage caused by torture, or about the difficulties it poses to the country in trying to prosecute prisoners. He appears not to be speaking about the same facts that the former administration officials do—facts that they claim prove that torture, in averting attacks and protecting the country, saved lives.

Investigating what kind of intelligence torture actually yielded is not a popular task: those who oppose torture do not like to admit that it might, in any way, have “worked”; those who support its use don’t like to admit that it might not have. It is a regrettable but undeniable fact that torture’s illegality, or the political harm it may do to the country’s reputation, is not sufficient to discourage the willingness of many Americans to countenance it. However one might prefer that this be an argument about legality or morality, it is also an argument about national security and, in the end, about politics. However much one agrees with President Obama that Cheney’s “notion” that “somehow…we can’t reconcile our core values, our Constitution, our belief that we don’t torture, with our national security interests,” the fact is that many people continue to believe the contrary, and this group includes the former president and vice-president of the United States and many senior officials who served them.

There is a reason that the myth of the “ticking bomb” and the daring, ruthless US agent who will do anything to stop its detonation—anything including torture, a step that proves his commitment and his seriousness—is sacralized in popular culture, and not only in television dramas like 24 but in Dirty Harry and the other movies that are its ancestors. The story of the ticking bomb and the torturing hero who defuses it offers a calming message to combat pervasive anxiety and fear—that no matter what horrible threats loom, there are those who will make use of untrammeled government power to protect the country. It also appeals to uglier and equally powerful emotions: the desire for retribution, the urge to punish and to avenge, the felt need in the face of vulnerability to assert power.[18]

In this political calculus, liberals obsessed by “legalisms” are part of the problem, not part of the solution, and it is no accident that it is firmly in that camp that the former vice-president has been seeking to isolate the new president. Cheney’s success in this endeavor will not be evident now—he is, after all, the most unpopular member of a deeply unpopular party—but the seeds he is so ostentatiously sowing could, if unchallenged by facts and given the right conditions, flourish dramatically in the future.

The only way to defuse the political volatility of torture and to remove it from the center of the “politics of fear” is to replace its lingering mystique, owed mostly to secrecy, with authoritative and convincing information about how it was really used and what it really achieved. That this has not yet happened is the reason why, despite the innumerable reports and studies and revelations that have given us a rich and vivid picture of the Bush administration’s policies of torture, we as a society have barely advanced along this path. We have not so far managed, despite all the investigations, to produce a bipartisan, broadly credible, and politically decisive effort, and pronounce authoritatively on whether or not these activities accomplished anything at all in their stated and still asserted purpose: to protect the security interests of the country.

This cannot be accomplished through the press; for the same institutional limitations that lead journalists to keep repeating Bush and Cheney’s insistence about the “legality” of torture make it impossible for the press alone, no matter how persuasive the leaks it brings to the public, to make a politically decisive judgment on the value of torture. What is lacking is not information or revelation but political credibility. What is needed is not more disclosures but a broadly persuasive judgment, delivered by people who can look at all the evidence, however highly classified, and can claim bipartisan respect on the order of the Watergate Select Committee or the 9/11 Commission, on whether or not torture made Americans safer.

This is the only way we can begin to come to a true consensus about torture. By all accounts, it is likely that the intelligence harvest that can be attributed directly to the “alternative set of procedures” is meager. But whatever information might have been gained, it must be assessed and then judged against the great costs, legal, moral, political, incurred in producing it. Torture’s harvest, whatever it may truly be, is very unlikely to have outweighed those costs.

[snip]

We know a great deal about the Bush administration’s policy of torture but we need to know more. We need to know, from an investigation that will study all the evidence, classified at however high a level of secrecy, and that will speak to the nation with a credible bipartisan voice, whether the use of torture really did produce information that, in the words of the former vice-president, was “absolutely crucial to getting us through the last seven-plus years without a major-casualty attack on the US.” We already have substantial reason to doubt these claims, for example the words of Lawrence Wilkerson, who, as chief of staff to Secretary of State Powell, had access to intelligence of the highest classification:

It has never come to my attention in any persuasive way—from classified information or otherwise—that any intelligence of significance was gained from any of the detainees at Guantánamo Bay other than from the handful of undisputed ring leaders and their companions, clearly no more than a dozen or two of the detainees, and even their alleged contribution of hard, actionable intelligence is intensely disputed in the relevant communities such as intelligence and law enforcement.

http://opiniojuris.org/2009/04/07/the-icrc-report-on-us-torture-and-mark-danners-valuable-reporting/

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