Is Torture Ever Justified?
As newspapers and documentary films continue to discuss waterboarding and other controversial treatments of suspected terrorists, the debate over torture remains intense. Some insist that desperate times call for desperate measures, but others are baffled that such methods could exist in a civilized society. Is physical persuasion ever an appropriate means of interrogation?








The Question of Waterboarding
- From Christopher Ford
By Dr. Christopher Ford - Hudson Institute Senior Fellow
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The question was ducked.
What a shame. The nice, tidy and theoretical discussion of torture has been overwhelmed by the stomach-turning reality of the abuses perpetrated by American officials. But maybe this is the answer: whatever the theoretical justifications might be, torture in practice is abusive because of its very nature.
As for waterboarding, near drowning is torture.
- Michael Glass
November 19, 2008 2:51PM
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Why?
Why is near drowning torture?
Is drowning torture? Does it cause pain, agony, anguish, or deformity?
I personally have never been waterboarded, but have been in a couple of near drownded states (as far as I could tell), the prospect didn't seem to fit these conditions (not that I looked forward to it, necessarily).
- JKM121
November 19, 2008 4:22PM
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Does waterboarding fit this description?
Part I
Article 1
1. For the purposes of this Convention, torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.
2. This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application.
If so, it's torture and it's illegal.
- mangueken
November 20, 2008 4:28PM
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That's what I asked
As far as I know, there's no pain, anguish, or deformity involved in drowning.
- JKM121
November 21, 2008 10:15PM
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We've already defined it as torture
I mean, the US has already determined it as being torture . We've executed people for doing it to our guys.
- quantummechanik
June 29, 2009 9:56PM
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Hmmm
My understanding was that their 'technique' was very different from what we did.
- JKM121
August 8, 2009 5:52AM
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What was different about it?
What technique changed?
- quantummechanik
September 1, 2009 12:20PM
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a common mistake in the torture debate
"I personally have never been waterboarded, but have been in a couple of near drownded states"
This is a common mistake made when arguing about torture. Being a captive and having something forced on you repeatedly is far different than almost accidentally drowning. This is like saying, "I've had sex before so why is rape a crime?".
Sadly this debate frames the question in the poorest possible way :/
- reckoner
November 20, 2008 9:10PM
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Granted
Your logic makes sense. Thank you.
- JKM121
November 21, 2008 10:13PM
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You might be interested
Someone in the comments above mentioned that we tried Japanese officials during WWII for waterboarding. So I went looking for information and found this from NPR,
http://www.npr.org/templates/story/story.php?storyId=15886834
Although, I was going to say in general, if waterboarding caused no anguish than why would anyone give information? So, for all practical purposes, it is intended to cause mental suffering to obtain information and as such remains illegal by the convention article I cited above.
The NPR article however, made me aware that this technique has been used since the inquisition. As far as I'm concerned Inquisitors are not the best company to keep around oneself. ; )
- mangueken
November 22, 2008 3:33AM
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Erroneous Assumptions
This argument, once again, seems to be based on two erroneous assumptions: that torture can be limited to ticking bomb situations and that Abu Ghraib had nothing to do with policies and attitudes set in Washington. (See comments under other parts of this argument.)
I find it thoroughly depressing that there is even a debate about torture. I can't imagine an act more morally depraved than torture. It's an unrestrained assault on the humanity of the subject and perpetrator alike. Our inability, at this late date, to unite in recognition and rejection of its awesome destructive power shows how broken our collective moral compass is.
Gay Gardner
- Gay Gardner
December 7, 2008 2:58PM
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Waterboarding is Torture
Waterboarding is torture. It causes sever mental trauma but does not leave you whip scarred or in intense physical pain. I nearly drowned when i was little and it was one of the scariest moments of my life, but the next day i was completely fine. If torture is to be justified waterboarding is the best means of torure and should not be banned. It may be uncomfortabe but in the end the government can gain valuble information from waterboarding that could save american lives.
For example a terrorist who was planning on killing you and your family was tortured and you along with countless others were saved.
Would you still be against it?
- Tannerj
January 25, 2009 10:11PM
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A Harsh Form of Torture
The issue of waterboarding highlights the problems that ensue when torture is used and the questions that are sure to follow. While physical compications can result from waterboarding the intent is meant to be psychologically damaging with the victim made to feel as if he or she is drowning. It leaves no scars or lasting effects yet there is something inherently wrong with this behavior. Morally it is inconcievable to view waterboarding as acceptable but morals are less important in today's world as compared to security. As long as there are individuals who steadfastly believe that waterboading is keeping terrorists at bay then it will be continued. The U.S. government seems to hold the threat of terrorism over the heads of all Americans in order to make torture appear to be the best avenue towards safety.
- annalise
March 1, 2009 4:36PM
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Let's agree on a couple things here...
This is going in multiple directions. Perhaps we can agree on a couple things so we don't torture ourselves on this rack of debate?
First, waterboarding is torture. Thank you, Mangueken, for your insert of historical and international information. I agree with you completely. And yes, the Inquisitors are bad people. However, the Inquisitors also were total psychopaths, and I'd prefer to think that we do not share such an illustrious title yet.
Torture is a broad topic, and waterboarding certainly includes discomfort. Let's not nitpick over anguish and pain, because, really, waterboarding is drowning someone, even partially. When you drown, you die. DYING REALLY SUCKS. I've never almost drowned before, so I'll take your word that there are certainly worse things out there. Including hot pokers, the rack, and ripping out fingernails. However, it's still bad. If you don't want it done again, then it's unpleasant. And that's the objective of torture, to make someone experience something unpleasant so they talk. If you've read 1984, (spoiler alert) a rat is used as a form of torture at the end of the novel because the main character hates rats. Nothing was done to him physically, and there were no scars later. However, it wasn't pleasant. It got the desired effect. My point? Let's agree that waterboarding and drowning sucks and can be a form of torture.
As far as legality goes, Mangueken, I suggest you gather information on other nations. In all likelihood, their regular prisons could probably match our secret federal ones. They are not going to be eager to prosecute us. And we still have one of the nicest dispositions towards criminals, barring this torture thing.
Now, yes, it's morally wrong. I acknowledge and agree with that. However, the issue is essentially if we want to sacrifice moral high ground for safety. This is a major debate in virtually all politics everywhere. I am for torture, and a mild torture if possible, in only certain specific extreme circumstances. In other words, I am this close to a "no."
Yes----------------------ME---No
And I am "yes" because the question is whether or not torture is ever justifiable. (scroll up if you don't believe me) Not whether you like it and support Abu Ghraib, whether or not it is permissible in certain circumstances. If the information is accurate and can be put to good use, then it might be worth it. Having said that, we also must keep some moral ground. We shouldn't look as bad as others. However, one or two tortures a year versus the 100's of tortures (and executions, mind you) by other nations does not make us equal to them. (1 vs. 100's) We cannot be completely lily-white pure, because then we're almost asking to be attacked. I'm not saying we should go biker-gang on the UN, I'm just saying that a holier-than-thou disposition could be just as bad as a torturing-nation disposition. We need a middle ground, because if we turn our other cheek to the terrorists all the time, they'll be more than happy to strike it.
And to Reckoner: I agree that there is a difference between waterboarding daily and drowning once. However, the effect and experience is similar. Water stops you from breathing. You panic. Maybe you black out. It sucks. You don't want it to happen again. Your point might have been better if you also used a different comparison. Your point with drowning was repetition. The second comparison compared two completely different things, one being voluntary and desirable and the other being a felony. Sex and rape is not the same comparison as drowning and waterboarding in that only one of the first pair sucks.
- Invalid Screen Name
March 1, 2009 6:36PM
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