Is Torture Ever Justified?

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Just War Theory begins with an acknowledgement of the moral abhorrence of war.   In the same way, any theory on torture must be rooted in the recognition of the moral abhorrence of torture. From a Christian perspective, all human life—even persons guilty of the worst crimes—has dignity. And the defense and promotion of our dignity has been entrusted to us by God.   As Pope John Paul II wrote in his encyclical The Gospel of Life , “Man has been given a sublime dignity, based on the intimate bond which unites him to his Creator: in man there shines forth a reflection of God himself.” (EV 34).  

One of the conditions of Just War Theory states that the use of force cannot produce evils graver than those to be eliminated. In the same way, in the use of force in dealing with prisoners, we must recognize the possibility that once we accept that torture is justified in one situation, avoiding its use in other situations may become more difficult. There should always be a moral presumption against torture in order to uphold human dignity.

The use of torture except in the most extreme circumstances (when the intention is to save innocent human lives) diminishes all those involved. It tells our enemy that in a sense he has already won because it signals that we are willing to descend to his level, instead of trying to compel him to rise to our level. As the most powerful economic, cultural and military power in the world, many other nations look to America for an example of what they can be, and of what democracy is.

The systematic use of torture would tell other countries that there really is little difference between us and the Islamists who take delight in torture and the killing of innocents for purposes of revenge, intimidation, humiliation or punishment. By applying the Just War Theory to torture, we can help create protocols that acknowledge the dignity of all human life and the abhorrence of torture while also creating a set of conditions that, if met, would justify the use of force to save innocent human lives.