Addressing Torture
There has been a great deal of discussion lately of what is and what is not torture and whether Americans should torture in any event.
Recent discussion suggests that there are three levels to the controversy. The first is that there is an international prohibition against torture and that Americans should strive to live up to international standards that include a general prohibition of torture. The second is that there are extreme circumstances in which torture may be justified. But these must be understood on a case by case basis. This is the classical argument that we would be justified in torturing someone who had planted a bomb that is about to blow up and kill many people. If we knew that the prisoner before us could prevent the catastrophe by divulging the location of the bomb, it would make sense to use torture. Scalia has recently made this argument, and it is a good one. But it should not be confused with the government’s argument that we have a right to torture persons who may have had a hand in terrorism or planning terrorism at some later date just because it might be helpful. This generalized use of torture for possible and indefinite objectives is what got us into difficulty in Abu Ghraib, Guantanamo, and all the other sad stories of the last few years. Senator McCain, who has experienced torture, has taken a strong stand against this casual use of torture.
It would help if those involved in the controversy would keep these three levels in mind. The first two can be defended on humanitarian grounds. The third cannot.
