The Generals Dress Down Former VP Cheney

The Generals Dress Down Former VP Cheney

Two former U.S. military commanders took on the former VP for his ongoing support of torture in this scathing op-ed in last week’s Miami Herald.  Generals Krulak and Hoar took this unusual step because they felt “duty-bound” to “repudiate his [Cheney’s] dangerous ideas.”  Hat tip to Tom Ricks, who calls it “the best article I read on the 8th anniversary of 9/11.   Here’s an excerpt:

What leaders say matters. So when it comes to light, as it did recently, that U.S. interrogators staged mock executions and held a whirling electric drill close to the body of a naked, hooded detainee, and the former vice president winks and nods, it matters.

The Bush administration had already degraded the rules of war by authorizing techniques that violated the Geneva Conventions and shocked the conscience of the world. Now Cheney has publicly condoned the abuse that went beyond even those weakened standards, leading us down a slippery slope of lawlessness. Rules about the humane treatment of prisoners exist precisely to deter those in the field from taking matters into their own hands. They protect our nation’s honor.

To argue that honorable conduct is only required against an honorable enemy degrades the Americans who must carry out the orders. As military professionals, we know that complex situational ethics cannot be applied during the stress of combat. The rules must be firm and absolute; if torture is broached as a possibility, it will become a reality. Moral equivocation about abuse at the top of the chain of command travels through the ranks at warp speed.

On Aug. 24, the United States took an important step toward moral clarity and the rule of law when a special task force recommended that in the future, the Army interrogation manual should be the single standard for all agencies of the U.S. government.

The unanimous decision represents an unusual consensus among the defense, intelligence, law enforcement and homeland security agencies. Members of the task force had access to every scrap of intelligence, yet they drew the opposite conclusion from Cheney’s. They concluded that far from making us safer, cruelty betrays American values and harms U.S. national security.

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Alan G. Kaufman
Alan G. Kaufman

Interesting to re-read In Re Yamashita, 327 U.S. 1 (1946), especially the dissenting opinions, in light of the Generals’ column: At pp 28, 29, Mr. Justice Murphy, in dissent: “A military commission was appointed to try the petitioner for an alleged war crime. The trial was ordered to be held in territory over which the United States has complete sovereignty. No military necessity or other emergency demanded the suspension of the safeguards of due process. Yet petitioner was rushed to trial under an improper charge, given insufficient time to prepare an adequate defense, deprived of the benefits of some of the most elementary rules of evidence, and summarily sentenced to be hanged. In all this needless and unseemly haste, there was no serious attempt to charge or to prove that he committed a recognized violation of the laws of war. He was not charged with personally participating in the acts of atrocity, or with ordering or condoning their commission. Not even knowledge of these crimes was attributed to him. It was simply alleged that he unlawfully disregarded and failed to discharge his duty as commander to control the operations of the members of his command, permitting them to commit the acts… Read more »

Tobias Thienel

A World War II case from a different jurisdiction contained this passage, also in dissent, but now a classic (it relates more immediately to the role of judges, but still the idea of legal traditions is there):

“In this country, amid the clash of arms, the laws are not silent. They may be changed but they speak the same language in war as in peace. It has always been one of the pillars of freedom and one of the principles of liberty for which, on recent authority, we are now fighting that judges are no respecters of persons and stand between the liberty of the subject and any attempted encroachments on his liberty by the executive alert to see that any coercive action is justified by law. In this case I have listened to arguments which might have been addressed acceptably to the Court of King’s Bench in the time of Charles I.”

Liversidge v. Anderson [1942] AC 206, 244 (Lord Atkin)