I have to give a 8 minute speech on torture next week. The topic I was given was whether or not torture is morally acceptable. Below is the manuscript for the speech- hopefully it will go well!

The Princess Bride - Torture Chamber
Torture is almost universally prohibited by countries across the globe. Worldwide religions such as the Roman Catholic Church not only denounce torture but have an official definition by which to judge the act. The United Nations as well as the Geneva Convention both include specific guidelines by which to determine torturous acts. With all this official documentation it might seem like a simple task to determine what an act of torture consists of. This turns out not to be the case. There is much debate over what torture actually is. Therefore this presentation will begin by establishing a working definition that will be used to then handle deeper topics such as torture’s moral permissibility. After a definition is in hand there is a stream of questions that need to be addressed to confront its permissibility. First, does torture even work? There are many people who say that it is ineffective and therefore not permissible on simply pragmatic reasons. Secondly, if torture does work are there cases where it might be necessary to save lives? This is typically a core issue since the realm of permissibility greatly expands when human lives are on the line. Lastly the primary question can be addressed, is torture morally permissible? This presentation will argue that torture as defined by the United Nations and the United States are never permissible.
The most common core definition of torture can be found in the United Nations Convention Against Torture. It reads that torture is, “…any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person…” It then lists the three primary reasons in which torture might occur. These include for the sake of punishment, to garner information (e.g. interrogation), and from discrimination or hate crimes. It should be clear that severe and unnecessary pain and suffering for these three reasons are to be avoided. However, the definition surely does not prohibit punishment for wrongdoing- only severe punishment. That leads to ambiguity over when a punishment becomes severe. Notice issues over rightful punishment are foreseen so an escape clause is added as the last sentence where it reads, “It does not include pain or suffering arising only from, inherent in, or incidental to, lawful sanctions.”[1] It is then left up to the interpreter as to whether a justified punishment has simply gone too far. This appears to create a subjective lens that looks at the motive of the punishment rather than the action itself. This is also true of actions taken during interrogation. The Government will always take measures to gain important and possibly life saving information from criminal detainees. The question resides on when the actions goes too far. For this reason, perhaps torture could be defined simply as violence without restraint. It is a form of justice that lacks self-control. It is also a vague realm where we must determine intentions and motive. To be clear, this definition would not work for torture out of spite which is the third category from earlier which would include serial killers. However, since this type of torture is universally abhorred it will not be discussed.
With that definition in hand, lets step back and address the first question. Does torture ever work? Although it is true that torture is not typically as effective as usually interrogation techniques, it clearly works in certain circumstances. In the book Red Orchestra, Anne Nelson chronicles the history of an underground resistance group in Nazi Germany. When these men were captured and subsequently tortured, some of them confessed and therefore implicated others. This is poignantly clear since at least one man committed suicide to ensure that he wouldn’t out his colleagues. Nelson wrote that his death to prevent torture is believed to save many lives.[2] As similar story during the same time period comes from Barry Gewen. He writes that during French Resistance to Hitler, the members of the resistance were charged with holding out during torture for 48 hours. This would make sure than any information they did spill would be worthless.[3] This is also true of modern countries and their secret services. We train men to resist torture because torture works.
Since torture works, let’s address the next question: are there cases in which torture might be necessary? The classic necessary example that is found in most texts on torture is the ticking bomb scenario. It is basically this: A person runs into the oval office and tells the president of an urgent terrorist event taking place. The CIA has reason to believe that a nuclear bomb has been planted in Manhattan. The CIA has also detained the man who they believe placed the device. There is only a matter of minutes or hours before millions of lives could be lost. What should the president do? Barry Gewen’s essay on the ambiguity of terror states, “…it’s probably the case that any president—whether George W. Bush or Barack Obama—confronted with such a choice would approve the use of torture rather than risk a catastrophe.”[4] These are the one-off scenarios in which the definition of what constitutes torture changes to take into account the context. Remember that torture is defined by doing what is unnecessary or being too severe. In cases such as this, an act that is torture during peace time becomes necessary interrogation when lives are on the line.
This is not simply a hypothetical scenario. In 2003, Khalid Mohammed was captured. He was one of the head terrorists that plotted against the September 11th attacks. Officials interrogating him were having no success but realized that time was of the essence. This was intensified when he answered questions, “soon you will know.” It was at this point that methods normally labeled torture were used.[5] Barry Gewen explains, “Over a period of several weeks, he was kept naked, shackled, and isolated, deprived of sleep for up to seven and a half days at a time, and subjected to waterboarding one hundred and eighty-three times. Eventually, he opened up, revealing alleged plots to blow up the Brooklyn Bridge, poison reservoirs, detonate dirty bombs, and spread anthrax.”[6] This potentially saved thousands of lives.

Torture Rack
Since torture works and it is sometimes necessary the main question can be addressed. Is torture morally permissible? The American people are divided over this issue. “Slightly more than half of all Americans believe torture should be prohibited during the U.S. war on terror; slightly less than half believe it should not.”[7] This is either an ideological split or simply confusion over what torture constitutes. This split is made more confusing by the Convention Against Torture, or CAT, which the United States adopted in 1984 and went into effect in 1987.[8] It required that we ban torture comprehensively, with no exceptions or extenuations. But wait- if the U.S. banned torture in 1994 how did it interrogate Khalid Mohammed in 2003? The answer to that can be found in the original problem- what we actually label as torture. When do interrogation techniques become so harsh that they cross the line and become torture, and therefore illegal? Typically, there is consensus on actions that cause long term damage to a person. These include genital mutilation, drilling holes through teeth, or cutting off parts of the body. But consider shouting at a suspect, shaking, slapping, playing loud music, and Solitary confinement. These are potentially acceptable according to the circumstances. There are, in fact, no clear answers except at the extremes. That is why during the post-9/11 turmoil surrounding torture the CIA lawyers said that torture was “subject to perception.” That is also why, when the United States ratified the CAT, it slightly changed the definition of torture from the United Nations version by limiting it to only those methods that, under the Constitution, “shocked the conscience.” Thus the actions falling in the United Nations or the United States definition of torture are simply not permissible. These were mentioned earlier, but constitute long term damage to a person’s body. Mutilation and scarring is beyond the realm of simple interrogation. These are uniformly categorized as torture and strictly denounced by United States law. In situations such as the ticking bomb scenario, the actions that are taken to save the lives of people are not actually torture because it is warranted and is not a “severe” act due to the context in which it is being preformed. Much like Abraham Lincoln when he temporarily suspended habeas corpus and imprisoned thousands of men without due process during the civil war- the line can shift to accommodate certain reasonable actions during extreme times.[9]
[1] Michael John Garcia,
CRS Report for Congress.
[2] Anne Nelson, Red Orchestra: The Story of the Berlin Underground and the Circle of Friends Who Resisted Hitler . New York: Random House, 2007.
[3] Barry Gewen, “The Grey Zone: Defining Torture.” World Affairs, 2010: 49-60.
[4] Ibid.
[5] Office of the Director of National Intelligence, Summary of the High Value Terrorist Detainee Program.
[6] Gewen.
[7] Ibid.
[8] Jay Goodliffe and Darren G Hawkins, “Explaining Commitment: States and the Convention against Torture.” The Journal of Politics, 2006: 358-71.
[9] Brian Dirck, “Lincoln as Commander-in-Chief.” Perspectives on Political Science, 2010: 20-7.