A great deal of the debate about torture focuses, understandably, on whether torture, or enhanced interrogation, or what one will, is legal. Apart questions about legality, the practice of torture raises a number of interesting questions.
Do We Know Very Much About Torture?
As far as I know, we don’t know a great deal about torture. I don’t doubt that there are studies, but I find it hard to believe that there is, at present, good reliable research on torture. Given ethical concerns, I don’t see how experiments could be conducted to try to determine the effectiveness, or lack of effectiveness, of torture.
And that seems to leave us with a host of questions for which we don’t appear to have answers.
Is it reasonable to expect that torture will yield actionable intelligence? Do people often lie under torture? Do people try to mislead interrogators who are torturing them?
Without more information on torture, information which I suspect, we do not have, it’s very difficult to see how a strong case for or against it could be made on the basis of the quality of the information interrogators are likely to extract.
Who Will Torture?
If torture is employed, someone will have to do it. Who? Ethical concerns would, I assume, rule out doctors. Should soldiers do it, CIA employees? Why these persons and not others? How should these people be trained? What kind of programs, if any, need to be set up to produce persons best able to extract information by using torture?
Should Law Enforcement Torture?
Assuming that torture is beneficial, should law enforcement be permitted to use it? If torture is beneficial, then why not allow law enforcement to employ that tool? If law enforcement ought not to be given that tool, then why should others be allowed to employ that tool?
How Should Innocent People Who are Tortured Be Compensated?
If torture is employed, innocent and non-innocent people will be tortured just as innocent and non-innocent people will be put to death if the death penalty is employed. How should the innocent, people who were mistaken for enemy combatants, for example, be compensated?
Does Torture Give the Enemy an Incentive to Fight to the Death?
Traditionally, fear of torture at the hands of the enemy is often a reason to avoid capture at all costs, even at the costs of one’s own life. Fear of torture may give an individual an incentive to fight to the death or to take his or her own life. That is not, arguably, a particularly attractive proposition. Enemy combatants who have a reasonable expectation that they will be treated well if they are taken prisoner may not fight as viciously and may be more willing to surrender. Assuming that an enemy less inclined to fight as viciously as possible and more willing to surrender is desirable would torture be detrimental to that goal?
Would Torture Discourage Enemies?
Would torturing prisoners discourage individuals from taking up arms or cause them to act in a less vicious manner? Would individuals interested in doing harm refrain from doing so, or do less harm, if they knew that upon being captured they could expect to be treated harshly?
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