Dirty Hands, Clean Conscience? The CIA Inspector General's Investigation of “Enhanced Interrogation Techniques” in the War on Terror and the Torture Debate

Abstract

The War on Terror has generated fierce debate on torture as a means of thwarting terrorist threats. The argument is polarized between those who take a utilitarian position and those who seek to uphold the absolute prohibition on torture. Within the utilitarian camp, there are those who argue that torture, while immoral, should be legalized for use in the fight against terrorism, so that it can be better controlled and regulated. This article will provide new insights through its analysis of the CIA Inspector General's 2004 Special Review of Counterterrorism, Detention and Interrogation Activities, declassified in 2009. This offers important evidence that counters the key assumptions of contemporary torture apologists. Specifically, the Inspector General's findings reinforce the argument that torture is not effective, that efforts to legalize its use under controlled conditions are futile, and that, even where torture is permitted by higher authorities, recriminations against the perpetrators are still likely to ensue. Furthermore, torture tends not to be aimed at thwarting imminent threats. Its use by the CIA in the War on Terror is no exception. In any case it has yielded little evidence that could not have been obtained through legitimate means.