Richard John Neuhaus, Editor-in-Chief of First Things, November 28, 2005:
This is an argument very much worth having. Charles Krauthammer writes in the Weekly Standard: "But if that is the case, then McCain embraces the same exceptions I do, but prefers to pretend he does not. If that is the case, then his much-touted and endlessly repeated absolutism on inhumane treatment is merely for show. If that is the case, then the moral preening and the phony arguments can stop now, and we can all agree that in this real world of astonishingly murderous enemies, in . . . very circumscribed circumstances, we must all be prepared to torture. Having established that, we can then begin to work together to codify rules of interrogation for the two very unpleasant but very real cases in which we are morally permitted-indeed morally compelled-to do terrible things." Krauthammer is writing against Senator John McCain's proposal for banning all forms of "cruel, inhuman, or degrading" treatment of prisoners, a proposal which has overwhelming support in Congress but is opposed by the Bush administration. McCain has said that in extreme circumstances - such as the familiar "ticking time bomb" scenario - authorities will do what they have to do to extract information. Krauthammer says that means McCain's proposed rule is "merely for show," and comes close to saying that its supporters are guilty of hypocrisy. I am not at all sure. Establishing a principle is not "merely for show." Recognizing, clearly but sotto voce, that there will sometimes be exceptions to the principle is not hypocrisy. Those who, under the most extreme circumstances, violate the rule must be held strictly accountable to higher authority. Here the venerable maxim applies, abusus non tollit usus-the abuse does not abolish the use. We are not talking here about the reckless indulgence of cruelty and sadism exhibited in, for instance, the much-publicized Abu Ghraib scandal. We are speaking, rather, of extraordinary circumstances in which senior officials, acting under perceived necessity, decide there is no moral alternative to making an exception to the rules, and accept responsibility for their decision. Please note that, in saying this, one does not condone the decision. It is simply a recognition that in the real world such decisions will be made. This understanding of the matter offends the legal, and legalistic, mind of Alan Dershowitz of Harvard who has suggested that officials should have to get a court order in order to torture a prisoner. This, like Krauthammer's proposal and the apparent position of the administration, would be a giant step toward "normalizing" torture and other forms of cruel and inhumane treatment. In short order, it would likely result not only in the very widespread abuse of the rule but in the effective abolition of the rule. Krauthammer's moral logic is that it is sometimes necessary to do evil in order that good may result. Here he is in the company of Michael Walzer who has argued that effective leaders must be prepared to have "dirty hands." An alternative argument is that coercion, even brutal coercion, may be morally justified in extraordinary circumstances in order to save thousands of innocent lives. In that event, it is further argued, the use of such coercion is not evil but is the moral course of action. Whether, in fact, the circumstances justified the action must be subject to the rigid scrutiny of higher authority. There will likely be cover-ups, rationalizations, and other forms of duplicity. Where possible, they must be exposed, in the full awareness that in this connection, as in all connections, we are dealing with fallen humanity. As with all rules, the aim is to make sure that the exception to the rule does not become the rule. McCain is right: The United States should be on record as banning "cruel, inhuman, or degrading" treatment of prisoners. The meaning of each of those terms will inevitably be disputed, as will the case-by-case application of the principle. But again, abusus non tollit usus.
Victor Davis Hanson Chicago Tribune December 2, 2005
On torture, U.S. must take the high road We mustn't stoop to our enemies' level Sen. John McCain (R-Ariz.) recently proposed an amendment to a defense appropriations bill in an attempt to plug loopholes in existing anti-torture laws. The amendment, which President Bush opposes, is a good idea for America--but not necessarily for the reasons cited by most critics of the administration. Contrary to popular belief, throughout history, torture has brought results--either to gain critical, sometimes lifesaving, intelligence or more gratuitously to obtain embarrassing confessions from terrified captives. The question, then, for a liberal democracy is not whether torture in certain cases is effective, but whether its value is worth the negative publicity and demoralizing effect on a consensual society that believes its cause and methods must enjoy a moral high ground far above the enemy's. Nor can opponents of torture say that it is entirely foreign to the U.S. military experience, at least from what we know of it even in so-called good wars like World War II. There were American soldiers--sometimes in furor over the loss of comrades, sometimes to obtain critical information--who executed or tortured captured Japanese and German prisoners. Those who did so operated on a de facto "don't ask, don't tell" understanding, occasionally found it effective and were rarely punished by commanding officers. Even so, soldiers never descended to the levels of depravity common in the Wehrmacht or the Soviet and Imperial Japanese armies. There is also not much to the argument that our employment of torture will only embolden the enemy to barbarously treat Americans held captive. What a silly idea! Captured Americans have already been filmed being beheaded--or shot or burned--and their mutilated corpses hung up for public ridicule. We know from both its professed creed and its conduct in the field that Al Qaeda cares nothing for civilized behavior. Its barbarism is innate, not predicated on any notion of reciprocity. Beheading and torturing prisoners occurred before the sexual humiliation so amply photographed at Abu Ghraib. U.S. soldiers already grasp what surrendering to Al Qaeda terrorists would mean; they've seen other Westerners appearing hooded and in jumpsuits on the Internet before losing their heads to choruses of "Allahu Akbar." Others argue that by employing torture we will only earn the censure of the liberal, especially European, world. Maybe so, but once again, Europe, the United Nations and international human-rights groups, for reasons that transcend the war in Iraq, will fault the United States no matter what it does. Castigating our misdemeanors, while mostly ignoring the felonies of real barbarians, seems to ensure these sidelined utopians a sense of easy moral smugness. We see that in regard to Guantanamo Bay. Europeans fixate on American interrogations of captive murderous terrorists but remain silent about thousands who have been killed, tortured or forgotten in Fidel Castro's gulag a few miles away. Iran, North Korea, Serbia and Saddam Hussein's Iraq tortured and executed tens of thousands without much fear that either the United Nations or the Europeans would spend their own lives and treasure to stop such endemic barbarism. There is also a danger that once we try to quantify precisely what constitutes torture, we could, in the ensuing utopian debate, define anything from sleep deprivation to loud noise as unacceptable. Indeed, we might achieve the unintended effect of only creating disdain for our moral pretensions from incarcerated terrorists. They would have no worries of suffering pain but plenty of new demands on their legalistic hosts, from ethnically correct meals to proper protocols in handling their Korans. So we might as well admit that by foreswearing the use of torture, we will probably be at a disadvantage in obtaining key information and perhaps endanger American lives here at home. (And, ironically, those who now allege that we are too rough will no doubt decry "faulty intelligence" and "incompetence" should there be another terrorist attack on an American city.) Our restraint will not ensure any better treatment for our own captured soldiers. Nor will our allies or the UN appreciate American forbearance. The terrorists themselves will probably treat our magnanimity with disdain, as if we were weak rather than good. But all that is precisely the risk we must take in supporting the McCain amendment--because it is a public reaffirmation of our country's ideals. The United States can win this global war without employing torture. That we will not resort to what comes so naturally to Islamic terrorists also defines the nobility of our cause, reminding us that we need not and will not become anything like our enemies.