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happen or something that hardly happened nowadays. Little did I know the whole
controversy around this topic where law and morality countered.
During these five weeks, not only I obtained a greater perspective about torture,
but also tools that helped me to question the different positions that each author or
academic had about the matter. Many things could be said and analyzed about torture,
but personally, one of the most interesting debates regarding this topic is whether or not
torture should ever be considered moral. This uncomfortable moral dilemma, perhaps
the most pressing of our troubled times, has been the head of discourse of many books,
articles, journals and conferences. In my opinion, torture cannot be ever considered
morally permissible, however, during critical times it might be necessary but still
wrong. This is why some aspects that I will analyze during this essay are the reasons
why I consider torture as wrong and immoral as well as the reasons why immorality is
not a sufficient condition for torture to be prohibited or unnecessary in extreme
circumstances and finally, I will argue the necessity for torture to have limits in order to
avoid sadism and stay illegal.
II. Why torture is wrong and immoral?
Torture can happen in different methods, such as psychological and
physical. Some examples of psychological would be blackmailing, shaming, shunning,
sleep depravation or pharmacological torture. Some physical torture techniques may be
beating, cutting or drowning. As I said before, the word torture often conjures up
images of medieval torture instruments such as branding irons and head screws. From
the mid fourteenth century to the end of the eighteenth century, torture was an accepted
practice by armies, judicial systems and even churches. The rationale for torture, which
was subject throughout the centuries to enlightened challenge, was that it was a
necessary means of averting grave miscarriages of justice, the consequences of which
would be irreversible. Yet the introduction of penalties that could be revoked, such as
imprisonment and exile, and the development of law enforcement as a profession made
this case unsustainable. For example, Scotland abolished torture in 1708, France did so
in 1798, and other countries followed suit, so that by the beginning of the 19th century
the practice of torture had been officially abandoned in much of Europe. 1
Modern sensibilities have been shaped by a profound reaction to the war
crimes and crimes against humanity like Second World War, the Vietnam War or more
recently the attacks of 9/11 in United States. Still, in recent decades the absolute
wrongness of torture has begun to be questioned, following repeated terrorist acts and
the fear that terrorists have access to weapons of mass destruction.
Most people define torture as deliberately inflicting pain on another person,
and tend to leave it at that. The UN definition is more restrictive, and the USA's is
stricter still. The main reason for this is that a general definition will easily end up in
mistaken conceptions of what torture really is. For example, categorizing an urgent and
painful medical procedure as torture. The definition of torture that I personally found
most accurate is Seumas Millers; Professor of Philosophy at Charles Stuart University
and the Australian National University, who in his paper Is Torture Ever Morally
Justifiable?2 defines torture as the intentional infliction of extreme physical suffering
on some non-consenting, defenseless, other person for the purpose of breaking their
will. Moreover, Miller also argues that torture is morally justified in some extreme
emergencies. In this context some people argue that torture, while wrong, is the lesser of
two evils, and that it should be allowed if it is the only way to prevent a greater wrong.
Like, for example, to torture a person to get information that would enable the
authorities to prevent a bombing. Others argue that it is a 'moral absolute' that torture is
always wrong, and so can never be justified by any form of ethical 'cost-benefit
analysis'. In my opinion, torture cannot and should not be considered morally
acceptable in any circumstance. What I mean by this is not that it cannot be or should
not be used in extreme cases, but that the term morally permissible is not properly used,
since by the definition of morality, torture should always be considered wrong because
of its cruelty. Nevertheless, an action considered morally wrong is not an essential
condition for it to be prohibited or unnecessary.
1
"torture." Encyclopdia Britannica. Encyclopdia Britannica Online Academic Edition. Encyclopdia
Britannica Inc., 2012. Web. 12 Jul. 2012.
<http://0-www.britannica.com.millenium.itesm.mx/EBchecked/topic/600270/torture>
2 Miller,
Seumas. "Is Torture Ever Morally Justifiable?" N.p., 2005. Web. 10 July 2012.
<http://philosophy.csusb.edu/~tmoody/ijap192-Miller.pdf>.
Clear rules against torture should be maintained because any use of torture is
immoral and will weaken international human rights.
3
Chazelle, Bernard. "How to Argue Against Torture." How to Argue Against Torture. N.p., July 2009.
Web. 10 July 2012.
<http://www.cs.princeton.edu/~chazelle/politics/torture09.html>.
4
BBC News. BBC, 19 Oct. 2006. Web. 12 July 2012.
<http://news.bbc.co.uk/2/hi/6063386.stm>.
5 Shue,
Still, Shue suggests, the "ticking bomb" situation should be left in the
classroom, for ethicists and philosophers to ponder since it has nothing to do with the
real world. We all know that most real cases of torture have absolutely nothing to do
with the example given in the ticking bomb argument.
The
basic
ethical
debate
is
often
presented
as
matter
to explain actions. An excuse is a reason alleged for the doing or not doing a
thing. People are sometimes excused for acts that are ordinarily considered crimes either
because they had no intention of doing wrong, or because they had no power of judging,
and therefore had no criminal will. Nonetheless, excusing a particular violation does not
alter the legal prohibition, which I will talk about later.
If there are circumstances in which there is a two-evil questioning that
requires an obligatory response, committing an immoral action is inevitable and
excusable, and therefore, the best decision should be based on the one that has less
negative consequences, instead of doing nothing and be worse off. Torturing a terrorist
maybe wrong, but surely saving thousands of lives could outweigh this. Is torture a
barbaric practice? Yes it is, but killing innocent people when there is a chance to avert
such a scenario is a greater evil. However, even if torture is necessary in certain
situations, it should not become legal.
III. Torture limitations and illegality
Modern times have led to a sweeping international rejection of most if not all
aspects of the practice of torture. Even as many states engage it, few wish to be
described as doing so, either to their own citizens or to the international
community. Torture in the 21st century is prohibited under international law and the
domestic laws of most countries. It is considered to be a violation of human rights, and
is declared to be unacceptable by Article 5 of the UN Universal Declaration of Human
Rights. 6
In 1984, the United Nations held a convention on torture and cruel, inhuman and
degrading treatment (CID). What resulted was an international treaty signed by 74
countries, including the United States. The Convention against torture expressly forbids
committing acts of torture and outsourcing torture to other countries where torturous
methods are legal.7 It also established procedures for prosecuting anyone caught
6
"Torture and Law." BBC News. BBC, n.d. Web. 11 July 2012.
<http://www.bbc.co.uk/ethics/torture/law/law.shtml>.
7
"The
torturing another person. The Convention against Torture is not the only document that
forbids nations and individuals from practicing torture. In 1949, the Geneva
Convention also outlawed acts of torture toward prisoners of war. But do the torture
laws that protect enemy combatants captured under the normal rules of war extend to
terrorists?
Some states have defended the use of torture in particular cases, denied that
inflicting pain in those cases amounts to torture, or narrowed the definition of torture to
exclude many things that most people would class as torture. For example, immediately
following the Sept. 11, 2001, attacks, the federal government began debating the
standard rules of the Geneva Convention. Likewise, a 2002 US government Department
of Justice memorandum narrowed the definition of torture to include only the most
extreme pain. In an interview in 2001, Vice President Dick Cheney said that the U.S.
would use any means at its disposal in the war on terror. And ultimately, the Bush
administration concluded that the Geneva Convention didn't apply to enemies in the
War on Terror.
According to Shue, if we allow torture as general policy simply because we can
dream up a case (the ticking bomb example) where it would be justified, we are
practically guaranteed to allow cases where it is actually not excused. Thus torture
should be illegal, even if cases might possibly arise where it would be necessary. Any
relaxation of the prohibition on torture would lead to it becoming the norm, rather than
the exception. It would be better if a torturer tried to justify the necessity of a rare case
in front of a jury rather than running into countless of events where torture could be
used unjustifiably and possibly used on innocents. Legality should offer only a blurry
reflection of morality, not its mirror image. As the saying goes, "Hard cases make bad
laws." This not a weakness of the law but strength: that is how it can be both universal
and enforceable. Any license to torture will undoubtedly be abused.
In any case, it is important to take into account that there are likely to exist, in
the real world, one-off emergency situations in which arguably torture is, all things
considered, the morally best action to perform. Though I agree that torture should be
used in extreme cases, it still remains a certain relativity of what should be considered
an extreme case. This is closely related to the concept of justice and its implications.
The problem then becomes, where do we draw the line? There are many differences and
contradictions in opinions take place and may question the morality of this action.
I believe there is a thin line between torture and sadism that we all should be
able to identify. A clear example of this is shown in the movie Unthinkable, a
psychological thriller centered around a black-ops interrogator and an FBI agent who
press a suspect terrorist through torture into divulging the location of three nuclear
weapons set to detonate in the U.S.
critical scenes is where H., a black-op agent is trying to decide whether or not he
should torture the terrorists children in order to get him to say the last address of the
last bomb and asks agent Brody to make the decision for him. After a very hard time
thinking, she finally tells H. that he should not torture the kids and let bomb explode.
Their final decision receives different critics from spectators, but personally, I think it
was the best choice since everything possible was already done in order to protect the
innocent civilians. I do not agree with the decision of torturing someone else besides the
terrorist, let alone innocent children. If the terrorist decides not to talk after the torture,
then we would have already done everything in our hands to prevent the attack. It would
be inhumane to cause severe pain to an innocent in order to save someone elses life.
Once the duty of the government with the terrorist is done, there is nothing left to do
since it is impossible to try to avoid every single bad and suffering in the world.
Someone will eventually have to pay the price of such an evil event, like the detonation
of the bomb.
While government officials have argued that enhanced interrogation techniques
are necessary to protect American citizens, the effectiveness of such techniques has
been debated. According to a recent study, when torture is used to elicit information, it
is likely to be unexpectedly harsh yet ineffective. 9
8
"Unthinkable." IMDb. IMDb.com, n.d. Web. 11 July 2012.
<http://www.imdb.com/title/tt0914863/>.
9 "Interrogational
IV. Conclusion
During numerous public appearances since September 11, 2001, I have asked
audiences for a show of hands as to how many would support the use of nonlethal
torture in a ticking-bomb case. Virtually every hand is raised.
-Alan Dershowitz