Andrew Sullivan
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I remember that my first response to the reports of abuse and torture at Guantanamo Bay was to accuse the accusers of exaggeration or deliberate deception. I didn’t believe America would ever do those things. I’d also supported George W Bush in 2000, believed it necessary to give the president the benefit of the doubt in wartime, and knew Donald Rumsfeld as a friend.
It struck me as a no-brainer that this stuff was being invented by the far left or was part of Al-Qaeda propaganda. After all, they train captives to lie about this stuff, don’t they? Bottom line: I trusted the president in a time of war to obey the rule of law that we were and are defending. And then I was forced to confront the evidence.
From almost the beginning of the war, it is now indisputable, the Bush administration made a strong and formative decision: in the absence of good intelligence on the Islamist terror threat after 9/11, it would do what no American administration had done before. It would torture detainees to get information.
This decision was and is illegal, and violates America’s treaty obligations, the military code of justice, the United Nations convention against torture, and US law. Although America has allied itself over the decades with some unsavoury regimes around the world and has come close to acquiescing to torture, it has never itself tortured. It has also, in liberating the world from the evils of Nazism and communism, and in crafting the Geneva conventions, done more than any other nation to banish torture from the world. George Washington himself vowed that it would be a defining mark of the new nation that such tactics, used by the British in his day, would be anathema to Americans.
But Bush decided that 9/11 changed all that. Islamists were apparently more dangerous than the Nazis or the Soviets, whom Americans fought and defeated without resorting to torture. The decision to enter what Dick Cheney called “the dark side” was made, moreover, in secret; interrogators who had no idea how to do these things were asked to replicate some of the methods US soldiers had been trained to resist if captured by the Soviets or Vietcong.
Classic torture techniques, such as waterboarding, hypothermia, beatings, excruciating stress positions, days and days of sleep deprivation, and threats to family members (even the children of terror suspects), were approved by Bush and inflicted on an unknown number of terror suspects by American officials, CIA agents and, in the chaos of Iraq, incompetents and sadists at Abu Ghraib. And when the horror came to light, they denied all of it and prosecuted a few grunts at the lowest level. The official reports were barred from investigating fully up the chain of command.
Legally, the White House knew from the start that it was on extremely shaky ground. And so officials told pliant in-house lawyers to concoct memos to make what was illegal legal. Their irritation with the rule of law, and their belief that the president had the constitutional authority to waive it, became a hallmark of their work.
They redefined torture solely as something that would be equivalent to the loss of major organs or leading to imminent death. Everything else was what was first called “coercive interrogation”, subsequently amended to “enhanced interrogation”. These terms were deployed in order for the president to be able to say that he didn’t support “torture”. We were through the looking glass.
After Abu Ghraib, some progress was made in restraining these torture policies. The memo defining torture out of existence was rescinded. The Military Commissions Act was crafted to prevent the military itself from being forced to violate its own code of justice. But the administration clung to its torture policies, and tried every legal manoeuvre to keep it going and keep it secret. Much of this stemmed from the vice-president’s office.
Last week The New York Times revealed more. We now know that long after Abu Ghraib was exposed, the administration issued internal legal memos that asserted the legality of many of the techniques exposed there. The memos not only gave legal cover to waterboarding, hypothermia and beating but allowed them in combination to intensify the effect.
The argument was that stripping a chained detainee naked, pouring water over him while keeping room temperatures cold enough to induce repeated episodes of dangerous hypothermia, was not “cruel, inhuman or degrading”. We have a log of such a technique being used at Guantanamo. The victim had to be rushed to hospital, brought back from death, then submitted once again to “enhanced interrogation”.
George Orwell would have been impressed by the phrase “enhanced interrogation technique”. By relying on it, the White House spokesman last week was able to say with a straight face that the administration strongly opposed torture and that “any procedures they use are tough, safe, necessary and lawful”.
So is “enhanced interrogation” torture? One way to answer this question is to examine history. The phrase has a lineage. Verschärfte Verneh-mung, enhanced or intensified interrogation, was the exact term innovated by the Gestapo to describe what became known as the “third degree”. It left no marks. It included hypothermia, stress positions and long-time sleep deprivation.
The United States prosecuted it as a war crime in Norway in 1948. The victims were not in uniform – they were part of the Norwegian insurgency against the German occupation – and the Nazis argued, just as Cheney has done, that this put them outside base-line protections (subsequently formalised by the Geneva conventions).
The Nazis even argued that “the acts of torture in no case resulted in death. Most of the injuries inflicted were slight and did not result in permanent disablement”. This argument is almost verbatim that made by John Yoo, the Bush administration’s house lawyer, who now sits comfortably at the Washington think tank, the American Enterprise Institute.
The US-run court at the time clearly rejected Cheney’s arguments. Base-line protections against torture applied, the court argued, to all detainees, including those out of uniform. They didn’t qualify for full PoW status, but they couldn’t be abused either. The court also relied on the plain meaning of torture as defined under US and international law: “The court found it decisive that the defendants had inflicted serious physical and mental suffering on their victims, and did not find sufficient reason for a mitigation of the punishment . . .”
The definition of torture remains the infliction of “severe mental or physical pain or suffering” with the intent of procuring intelligence. In 1948, in other words, America rejected the semantics of the current president and his aides. The penalty for those who were found guilty was death. This is how far we’ve come. And this fateful, profound decision to change what America stands for was made in secret. The president kept it from Congress and from many parts of his own administration.
Ever since, the United States has been struggling to figure out what to do about this, if anything. So far Congress has been extremely passive, although last week’s leaks about the secret pro-torture memos after Abu Ghraib forced Arlen Specter, a Republican senator, to proclaim that the memos “are more than surprising. I think they are shocking”. Yet the public, by and large, remains indifferent; and all the Republican candidates, bar John McCain and Ron Paul, endorse continuing the use of torture.
One day America will come back– the America that defends human rights, the America that would never torture detainees, the America that leads the world in barring the inhuman and barbaric. But not until this president leaves office. And maybe not even then.
Andrew Sullivan is an author, academic and journalist. He holds a PhD from Harvard in political science, and is a former editor of The New Republic. His 1995 book, Virtually Normal: An Argument About Homosexuality, became one of the best-selling books on gay rights. He has been a regular columnist for The Sunday Times since the 1990s, and also writes for Time and other publications.
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As an American living in Europe, I can't bear the hypocrisy of Europeans on this issue. After all, extraordinary rendition has always involved more than one party: The European officials who arrest and pick up the suspect and the CIA who takes the suspect to the black site. All the cases that are winding through the European courts have shown the complicity of EU governments and their officials in extraordinary rendition. Does any one in Europe dare ask the forbidden question: Are our secret services helping in the interrogation of these suspects? And Andrew dare you mention the complicity of Nancy Pelosi?
Ben, london,
In 1942, Roosevelt's government seized the assets of Union Banking Corp, of which Prescott Bush was a director & shareholder. Bush, his father-in law & Yale cronies were involved in bankrolling the Nazis during WWII through Brown Bros Harriman, UBC and Silesian-American Corp. The Bush family has a long history of inciting and benefitting financially from war and unrest. They have made American into the very sort of government they claim they are fighting. And we have let them.
K Brooke, Godalming, UK
You've still got a long way to go towards rehabilitation, Mr. Sullivan, for the crime of supporting our fine dictator and his war. Those with any sense knew FROM THE START what was in store. Keep working on it, though, and try not to fall for the next charming liar who passes himself off as a 'conservative'.
Good article, though the part where you admit to having no brains was quite telling. As for Donald Rumsfeld, might I suggest you choose your friends more carefully?
Steven Bird, San Francisco, CA
When the US rescinded its signature to the War Crimes Treaty, in May of 2002, it was already obvious that the Bush administration feared the consequences of its conscious abridgment of those provisions. Does a rescinded signature guarantee the offending party permanent immunity from the provisions of a treaty to which the offending state once committed? And who will bring the charges?
Joe Beckmann, Somerville, MA, US
Sadly, this is just one of so many instances where the Bush administration has employed phrases with appalling political associations.
From the beginning, when Bush called America's operations in the Middle East a "crusade," this administration has used language - conciously it would seem - designed to taunt and enrage the very people that it claims to be helping.
A. Glaser, Philadelphia, PA, US
I much appreciate the turnabout, Mr. Sullivan. But how many people, do you think, have been been using your own conservative -- though specious -- past rhetoric as bolster for their own trust in this Bush administration? The argument that you and the rest of the ditto-heads didn't know then what you know now is simply a tautology. You didn't care to look very carefully because you were so sure, and because you were so sure, dissent was cowed and proof obscured. In fact, the truthtellers, as is so often the case, were vilified. The sad truth is that what passes for conservatism and patriotism now is the most brutal kind of dictatorship -- a tyranny over thoughtful consideration and open democratic process by bad conscience.
Rich Tapper, Chapel Hill, NC
I am appalled at the use of the torture techniques that are apparently used by our government, but to say that "the public, by and large, remains indifferent" is simply not true. Everyone I know is deeply troubled by the use of torture techniques. Tell me, please, what can we do?!!! I am in despair at the sense of powerlessness I feel in relation to this administration (I did not vote for Bush either time) or the direction we, as a country, are headed.
Cynthia Tucker, Twain Harte, California
In J.M. Coetzee's prescient masterpiece, "Waiting For The Barbarian", written in 1980, the victims become the very barbarians who had victimised them. The scary thing here in the U.S. is that we now have a compliant Supreme Court who has recently refused to hear a case of proven rendition and torture of an innocent man, thus giving the go ahead to an anything goes policy.
The warmongering AIPAC bought Hillary Clinton has herself put the green light on a war with Iran by voting to proclaim Iran's Revolutionary Guard "terrorists". Methinks, Madame Clinton, that it is you who is the terrorist, you are Coetzee's Barbarian, just like everyone else in the current admninistration.
stanley hersh, new york city, U.S.
we pontificate about our constituition to other countries as long as we are not threatened inside our country.If then we behave exactly as the authoritarian rulers outside USA. we have sent an example to brutal interrogation and our appeal to other countries will be laughed at.
shalom, forest/va, usa
Unfortunately, it will be many years before the extreme violence, torture, and murder against US citizens and others by the Bush administration becomes known publicly. By that time, we may have moved on to even more evil and brutal techniques.
Jay Chawla, Gurgaon, Haryana
Just be careful and think before who you vote for next time then Sullivan.
F.S.Sumeers, N.Y/London,
Well said.
While US and allied triumphed over Nazism ultimately on battlefields, communism succumbed to our values and that was largely the triumph of our inalienable rights and free enterprise over a system that routinely persecuted its opposition using torture. And oh my, we have come so far. It is unacceptable that we have to step over the very values that we claim to champion and practice in order to save them.
HM
H. Montazer, San Jose / CA, US
All those crazy moonbat liberals like to point out that torture doesn't work, but that is just not so. In the 30's, the Russian Government was able to effectively use enhanced interrogation techniques to uncover a vast hidden network of spies, saboteurs and wreckers in their country. There were millions of them. That's what I call "return on success"!
Chauncey Flatbottem, Skeezehole, USA
The WW2 crimes were committed by politicians or soldiers. Some were later hanged. Now we have a concerted effort to conceal, justify and collaborate that extends, not only to the Justice Department in the United States, but also, if we are to believe the European Council of Ministers, our UK police, (who claim the rendition flights did not travel through the UK in contradiction to the European report), and, if the police were not telling Parliament the truth, (as Europe surely implies), the UK Home Office too who must have known that the police lied to Parliament. So this is not simply a crime by a few in the US, it extends to the highest levels of the United Kingdom and brings the entire UK legal establishment into disrepute with the implication that, sometime hense, as with WW2, these crimes will be brought to justice and if found guilty, individuals complicit in these crimes will face the ultimate penalty.
Who will be able to accept and act on a charge against the UK Home Office?
Chris Coles, Medstead, Alton, United Kingdom
In America, we need words and leadership from people who can tell BEFOREHAND when something is going to go horribly awry. People like you, Colin Powell, former administration aides, and other pundits have recently been expressing your changes of opinion about the war(s), and their conduct. I am indifferent to your flip-flopping. There were plenty of us who knew beforehand that this administration was a monster, and we tried to warn you all. In return, we were demonized and shouted down as unpatriotic, etc.
Are you happy now? Perhaps you can try and redeem yourself by shouting loudly and longly about the equally misleading run-up to the seemingly inevitable war against Iran. There are plenty of US troops and innocent Iranians to save. Use your power for good. Use your power for peace!
matt, brooklyn, ny, usa
What this all reveals is the true intent of the neo-conservatives & their allies. They desire an autocratic government, restricted civil liberties (decided by them) and a return to the Gilded Age where the wealth of the nation was in the hands of a few & everyone else lived in poverty & fear. As to the good old U.S. of A. having never tortured: Chile, El Salvador, Guatemala, Honduras, Argentina, Uruguay, Paraguay, etc. And let's not forget our crowning achievement- The School of the Americas at Fort Benning, Georgia. We don't stinkin' torture; we train others to do it for us. God Bless our ability for self deception & denial. Thanks to H. Lang of Munich for your kind words of support. I, too, am not optimistic. If people took to the streets en masse and demanded change, I'm afraid the world would witness another Burma. The government would not play nice & there would be many citizens (thugs?) willing to take up iron bars & truncheons to help restore order! "God Bless Captain Vere!"
Geoffrey C. Gibbons, Lithia, Florida, U.S.
From almost the beginning of the war... the Bush administration made a strong and formative decision: ... it would do what no American administration had done before. It would torture detainees to get information.
Who told you this is the first American administration to torture detainees? Read Ernst von Salomom about torture of detainees in Germany after World War II. Read Nick Turse from Columbia University about torture during the Vietnam War. Read about the US training of death squads in South America. Don't just blame this administration, put the blame where it belongs: our inclination to brutality and our stupidity.
How much time will it take people to understand that a war is inherently dirty? That there is no such thing as a just war. Agreements have to be made at a table, in ink, not from behind the barrel of a gun and with the blood of others.
Regelsberger, Gleisdorf, Austria
Bryan, you are part of the modern contingency of fascists known once as the "Good Germans." It is people like you who don't believe in the mantra "do unto others as you would have them do unto you." And thus allow pernicious policies to start down that slippery slope into an orwellian nightmare. A nightmare that you won't see until it's too late because you aren't a very good history student. Hit the books kid. There's still hope for you.
Clinton, South Bend, IN
This article makes many assertions with no evidence to back them. Abu Ghraib is mentioned as an example of torture, though most do not consider the incident as more than humiliation. This while the enemies are finding new ways to hack Mrs. Jones's son's head off. Personally, I am hacked off that the US is not more aggressive with this enemy...
Bryan, la vergne, Tennesse USA
President Bush has managed to take away many of our most cherished freedoms though his skewed interpretation of the document he is sworn to uphold. He has caused to be committed bombing of civilians, torture, defilement of religious beliefs, etc, in short, everything Bin Laden said he would cause the American government to do. You have to ask yourself over and over, whose side is this President really on!?
Pahl Scharping, Newport, OR, USA
Good article.
I wish my PTSD would let me stay focused long enough to do as well. I do believe that Sullivan still is wearing rose tinted glasses when he states the US "has never itself tortured."
Now an argument can be and has been made that that if the things being tortured are not people, then it's OK. Examples I think of are the "water cure" in the Philippines, my experience in Vietnam and stateside 'third degree' interrogations.
At a showing of an anti-torture documentary, "Breaking the Silence," earlier this week, the question was raised , "How can people torture other people?'
My response was that, "One to remember that one doesn't people, one doesn't kill people. The things being tortured and killed are 'criminals,' 'the enemy,' 'dinks,' 'goo-goos,' 'slopes' and 'gooks,' not people."
Thomas Baxter, Tallahassee, Florida USA
with the exception of warming up to north korea (and then too under pressure from the south koreans, and after making heavy weather out of chump change in a macau bank), and possibly the nuclear deal with india (and i emphasize "possibly") this has been the single most unimpressive presidency in the history of the united states
george w bush with his brand of stubborm, glib and aggressive unilateralism has squandered away all the sympathy the world had for the united states (and there was plenty, even among muslim nations) after 9/11
he has systematically subverted the constitution, invaded privacy and compromised domestic freedoms, endorsed a blighted and retrogressive version of his christian fundamentalism in matters of health and public policy, given tax breaks to the richest, undermined sovereign states worldwide, and perhaps most importantly left the nation a staggering debt as a result of his ill advised war in iraq
it is a wonder the heartless materialist was not impeached
lalit ganapathy, chicago, US
Well put. I would like to point out that after torturing thousands only one or two prisoners have been prosecuted. Torturing innocent people is never justified.
Jason , fort lauderdale, usa
The US people didn't sacrifice their sons and daughters just so that one day the likes of Bush, the Clintons and Cheney can rob them of their freedom. The US is after all called the "United" States. The US is after all protected by the US Constitution which guarantees your inalienable rights to freedom from dictatorial rule. The Constitution clearly states "We the People". It does not say "me the decider" or "we the government". The Constitution is also the Supreme law of the land, so what it declares is the law - not what Bush, the Clintons, Cheney or the corrupt senators declare to be the law.
U.S. Declaration of Independence
... That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.
PAUL W KINCAID, Sussex, NB Canda
fine piece, heart and head.
Sean McHugh, Liverpool, UK
I dared to tell the American acquaintance of my girlfriend on Christmas Eve 2002 that I felt the US - with its indefinite imprisonment of âEnemy Combattantsâ- had just abolished the main legal provision that distinguished 13th century Edwardian England, the United States and Weimar Germany from the Nazi Reich: what you in England call the âGreat Writ of Habeas Corpusâ, the right not to be imprisoned indefinitely and/ or without reason and/ or legal counsel.
A lot of crying, sobbing and hugging ensued. Sorry for that. But now, 5 years later, it is clear to most Germans, that the US is only ONE more major terrorist attack/ catastrophe away from an authoritarian dictatorship. See how fast it goes. The 3rd Reich was a dictatorship but you are ostensibly living in a Republic with a free press. Will you be able to stop the authoritarians in their tracks? I tell you, millions of Germans are privately rooting for you free and resistive Americans, but we are not optimistic, God bless you...
H.Lang, Munich, Germany