Abstract

One of the keys to success in the US war on terror and counterinsurgency, in Iraq and around the world, is the ability to intelligence to effectively target the adversary. Obtaining useful intelligence is one of the most important challenges of counterinsurgency operations. This requirement has focused attention on the interrogation of combatants captured on the battlefield and in raids on safe-houses in third-party states. Almost from the beginning of US counterinsurgency operations in Afghanistan and Iraq, accusations have been made that US interrogation techniques have included torture. Typical of the domestic reporting is an article in Newsweek in June 2004, titled New Torture Furor, which states that the US Defense Department was exploring legal means for justifying torture. (1) The foreign press has echoed what was reported in the United States, and expanded upon it. The German magazine Der Spiegel asserted that torture was rampant among US forces, and represented the United States as exempting itself from international criminal jurisdiction. While the rest of the world is expected to abide by the UN Convention against Torture, for example, the Americans evaluate international law on the basis of whether serves their interests. (2) This type of reporting is a strategic distraction and has the potential to cause a crisis in American foreign policy. It erodes international and domestic support and can embolden the enemy. Senior US officials have had to speak forcefully on the subject of torture to control the domestic and international damage, distracting their focus from the details of nation-building in Iraq. Secretary of State Condoleezza Rice has had to invest considerable effort in reaffirming that US policy officially prohibits torture and affirming American support for the UN Convention against Torture (CAT), indicating that it [CAT] extends to US personnel wherever they are, whether they are in the US or outside the US. (33) Still, rumors and accusations persist that US forces routinely abuse prisoners. The French newspaper Le Monde reported in March 2006--without any hint of ambiguity--that the United States has condoned the use of torture in secret prisons on foreign soil, and ... justif[ied] the illegal treatment of prisoners in Guantanamo Bay. (4) Torture also has been the subject of much domestic political debate in the United States, but this debate has largely been over the legality of interrogation techniques. The debate usually misses the central point illustrated by the negative impact of international reaction to reports of torture on US foreign affairs: in counterterrorism and counterinsurgency operations, although torture may bring about some short-term tactical and operational advantages, officially or unofficially condoning its is a major strategic blunder. The disadvantages of sanctioned abuse or torture, or even the perception of torture, at the strategic level dwarf any short-term payoffs, regardless of technical legality. In counterterrorism and counterinsurgency warfare, the moral component of the fight is strategically decisive. Commanders are obligated to maintain both the reality and the perception of impeccable moral conduct within their commands. Senior commanders have the responsibility of ensuring that the tactics of their subordinates reinforce strategic goals and objectives. History offers no modern examples of the strategic effectiveness of harsh interrogation techniques, but is replete with examples of the negative strategic effects such techniques have on the counterinsurgency force. The French experience in Algeria from 1954 to 1962 is one of the clearest examples of how ill-conceived interrogation techniques contributed directly to the strategic failure of a counterinsurgency and the success of an insurgency. In the Algerian War, a very sophisticated insurgent movement with many advantages opposed a modern and well-led counterinsurgency force. …

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