Abram Trosky, Integrative Summary of War, Torture, And Terror
Transcript of Abram Trosky, Integrative Summary of War, Torture, And Terror
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Integrative Summary for Definitions of War, Torture, and Terrorism
Abram Trosky
War, terrorism, and torture can each be thought of as forms of political violence
violence used as a means to achieve some group endbut with different conceptions of
what that end permits. In contrast to the indiscriminate or symbolic violence of terror,
war has traditionally been between national militaries on delimited fields of battle. In
theory, the violence that characterizes modern military warfare is similarly bounded,
tactical, and directed. However, insufficient international regulation of weapons-as-aid
from developed into developing countries and recirculation of Cold War munitions
stockpiles on the black market have contributed to a dangerous decentralization of force.
Asymmetric conflicts involving militias and other non-state actors in Afghanistan to
Colombia, and the Congo can often be bloodier and more protracted than conventional
warfare, with higher levels of civilian displacement and death.
Despite the periodic romanticization of both kinds of warfare, survivors tell horror
stories of wanton pain, suffering, and death that belie the awful, inertial power of
organized violence. These tales testify to how easily the line between the supposedly
instrumental violence of war, and more callous killing of terror is blurred in wars fog.
Repeated failures in the tactical use of torturethe supposedly controlled application of
physical or psychological force to individualsgive similar testimony of the difficulty in
domesticating violence. While no one celebrates cruelty, cultures of all kinds manage
to recreate conditions in which sanctioned group violence spirals into something more
sadistic.
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However paradoxically, the fact that statespersons regularly euphemize violence
to morally justify its use demonstrates the power that public opinion carries: cynical
leaders still feel required to speak the language of legitimacy when presenting the case
for war. The recurrence of common themes in these appeals indicates the persistence of
some shared morality regarding violence, even in a postmodern age (Walzer, 2006, p.
xxi). Although torture is relatively morally unambiguous, wars of words are still being
fought over whether there are authentic justifications for war and terror; hence the
importance of this chapter cataloguing definitions of these concepts from around the
world. First, we present integrative definitions of each.
War
The moral and legal status ofstates use of force has long been debated in the
context of political expediency: when, if ever, do political endsthe projected good of
some privileged majority or minorityjustify war and its attendant risks? Are there times
when leaders are permitted to trade the life of a few to save many? Soldiers are unique in
that their oath of enlistment places their lives in the absolute service of these decision-
makers as the primary currency of such cost/benefit analyses. But how to identify the
institutions and rationales that demand these risks unnecessarily, hiding underlying
atavistic motives in the resort to war? Machiavelli thought that the unquestioning
allegiance of citizen-soldiers, where countrymen would fight for ideas, not merely
survival, was the principal virtue of a republic. Lenin thought that this was the nations
main liability. Kant proposed that with the rise of republics, warmongering would be self-
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regulated. Citizens everywhere would resist hostilities, which interrupted commerce, and
protest the increased taxes needed to fund standing armies.
All three scenarios suggest governmental pressure to convince national
populations of the necessity of sacrifice is a constant (though not always disingenuous).
Because national motives are nearly always mixed and even democratic states non-
unitary actors, an example of a just war seems as elusive or irrelevant as a Platonic Form.
This elusiveness leads most respondents to our Personal and Institutional Rights to
Aggression and Peace Survey (PAIRTAPS) to one of two conclusions regarding war:
general condemnation and the pacifistic hope of its elimination on the one hand; on the
other, the realist recognition that the permanence of wars threat is strong reason to
eliminate sentimental moral considerations in the struggle for survival.
In the absence of a pure case, this polarization may be an example of the perfect
becoming enemy to the good in the relationship of public opinion to international
ethics. However, neither historys sordid chronicling of one war after another, nor wars
projected persistence obviate the question ofhow humans should fight, to which precise
definitions of proscribed tactics, such as torture and terror, remain extremely relevant.
Terrorism
Because government officials are prone not only to national aggrandizement, but
self-aggrandizement as well, citizens opposing antidemocratic leaders also grapple with
questions regarding the morality of violence. Although the state is defined by its
monopoly on violence (Weber, 2004, 29) (or more precisely, on the legitimate use of
force), the law recognizes certain justified uses of lethal force by individuals and nations
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against each other, most commonly in self-defense. There is longstanding debate in
political theory over the threshold of injustice that warrants forceful resistance
(McMahan, 2005). Does a threat need to be existential to be intolerable? Does the
immorality of a law or government ever justify the use of violence against it?
Thatpeople can resist is the premise of civil disobedience, and is relatively
uncontroversial; how they resist is crucial in answering these questions. If laws
systematically deprive a group of the very rights upon which that laws authority is based
(life, liberty, property), that group might be justified in foregoing attempts at peaceful
resistance and use targeted force against the system of law itself (Locke, 1980, vii). As
activist and author ofDisobedience and Democracy Howard Zinn (2001) points out, such
a focused act of violence may not be lawful, but it still can be just.
Terrorism is defined by the use of tactics that cross this line. Its object is not
limited to the system itself, but extends to citizens, who are seen as complicit in injustice
by virtue of their silent consent. They are seen as guilty of inaction. However, the morally
relativistic refrain, one groups terrorist is anothers freedom fighter misses the fact that
terrorism is not merely a label that groups in power use to smear their opponents; it has a
real-world referentthe callous killing of noncombatantsof which either side may be
guilty. No causenot freedom nor the end of war itselfcan morally justify the
intentional sacrifice of innocents against their will; this much is self-evident (Etzioni,
2010). Without some universal standard like the respect for human rights that now
animates international law, justice devolves to the right of the stronger.
Recognition of a common legal, if not moral, framework raises another timely
question about the norms of domestic and international politics and the relationship of
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war to terror: If a citizens movement resists an oppressive government justly (that is,
without resorting to terror), but revolutionary conditions deteriorate, thereby threatening
civil war or state failure, do neighboring countries and/or other members of the
international community have a right or duty to intervene? The opinion of the United
Nations on this issue has evolved over the last decade, positing (2001, 2005) and
reaffirming (2006, 2009) a Responsibility to Protect (R2P) that justifies multilateral
intervention in four extreme cases: genocide, ethnic cleansing, crimes against humanity,
and war crimes (United Nations, 2005). In these cases, it could be said that the offending
government is itself guilty of terrorism against its own people, who are justified in
defending themselves as others are in coming to their aid.
However, R2P exhausts neither the possible definitions of state terror, nor the
possible justifications for intervention. Between headings on Use of force under the
Charter and Peacekeeping, the same document that formalizes R2P features a separate
section strongly condemning terrorism. Naming it as one of the most serious threats to
international peace and security, the UN affirms as part of its mission,
To maintain international peace and security, and to that end: to takeeffective collective measures for the prevention and removal of threats to
the peace, and for the suppression of acts of aggression or other breaches
of the peace, and to bring about by peaceful means, and in conformitywith the principles of justice and international law, adjustment or
settlement of international disputes or situations which might lead to a
breach of the peace (UN, 2005)
Central among these principles is respect for that venerable cornerstone of international
law, national sovereignty. This clause serves as a warning to intervening nations,
especially those doing so unilaterally and with lethal force, that they too can easily
present a threat to peace.
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Although human rights activists rightly bemoan the euphemization of
unintentional but foreseeable civilian deaths incurred during wartime operations as
collateral damage, these do not represent war crimes. However, if soldiers of the
invading nation incur avoidable/nonessential civilian casualties, even under the pretense
of aiding oppressed others, the legal distinction between them and the aggressors against
whom they are ostensibly fighting begins to break down. When such deaths are
systematic, repeated, and reckless, the intervening nation may also be guilty of state
terror, or aggression, the supreme international crime (Jackson, 1949).
Fighting terror is not an exemption from the prohibition against terror. The
violation of national sovereignty is, under certain circumstances, legally and morally
permissible; the violation of international humanitarian law is not. In the terminology of
the just war tradition, legitimacy in permission to go to war (jus ad bellum) does not
provide blanket immunity for illegitimacy in its execution (jus in bello).
This distinction is captured in the following paragraph from the 2005 UN World
Summit under the heading Terrorism:
We recognize that international cooperation to fight terrorism must be conductedin conformity with international law, including the Charter and relevant
international conventions and protocols. States must ensure that any measures
taken to combat terrorism comply with their obligations under international law,
in particular human rights law, refugee law and international humanitarian law(UN, 2005).
Although this document does not mention torture, a resolution by the UN Security
Council the next year, Reaffirms also its condemnation in the strongest terms of all acts
of violence or abuses committed against civilians in situations of armed conflict in
violation of applicable international obligations with respect in particular to (i) torture
and other prohibited treatment (UN, 2006).
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This UN resolution on state violence provides an opportunity to elaborate on
international humanitarian law prohibiting torture in the context of two recent
international conflictsthe U.S.-led invasions of Iraq and Afghanistan. The opening of
these two fronts in the so-called War on Terror, and the debate over the definition of
torture and its use in these conflicts, were relatively recent when our team administered
the PAIRTAPS, and were therefore referenced frequently in qualitative responses.
Torture
If terrorism is characterized by the death of innocents, can torture, which normally
inflicts harm short of death on suspects presumed to be guilty, be considered a terror
tactic? Torture inflicted by suspected terrorists and authoritarian dictatorships conforms
to historical uses of pain to elicit confessions (Murphy, 2012). It is also used punitively to
inflict mutilations or disfigurement that deter dissent and inspire fear in the populace, as
in the notorious South American disappearances, Robert Mugabes systematic
intimidation campaign during the 2008 elections in Zimbabwe (Godwin, 2011), or the
Assad regimes atrocities against captured protestors in Syria. These varieties of torture
are obvious transgressions; even if a captive is guilty of the capital offense of treason,
making an example of them to would-be rebels by protracting this process through
torture transgresses criminal and moral law by treating an individual as a means rather
than an end in themselves (Kant, 1993, 36).
By this reasoning, governments condoning the use of torture may be guilty of
state terror, if not a crime against humanity, but as with the prosecution of other
atrocities, it is unclear how far up the chain of command guilt reaches (Crawford, 2007).
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The world lost a chance to locate responsibility in the case of the U.S. governments use
of enhanced, severe, or aggressive interrogation techniques against two Al Qaeda
operatives when, in 2005, the chief of the CIAs National Clandestine Service destroyed
hundreds of hours of videotaped interrogations (Gorman & Evans, 2009). This step was
supposedly taken as a precaution to protect lower-level officers who were just following
orders, but may as likely have been to protect the identities of higher-level visitors who
were giving the orders (Engelhardt, 2007).
Could blame extend all the way to a citizenry that tolerates or even advocates
their governments use of torture to keep them safe? An affirmative answer borders
dangerously on the terrorists rationale for random acts of violence against the public for
the sake of political expediency. Several PAIRTAPS respondents diddefend the use of
torture, provided it yielded information that contributed to saving lives. However,
torturing a suspect to find and defuse a ticking bomb is largely the stuff of fiction; the
connection and calculus between lives saved and lives damaged through advanced
interrogation techniques is far more tenuous in their common application of general
intelligence gathering.
Mathew Alexander, the lead interrogator responsible for gathering intelligence
used to track down Al-Qaeda leaders in Iraq such as Abu Musab al-Zarqawi, eschewed
harsh interrogation techniques, calling them a euphemism for abuse, if not torture
(Alexander, 2011). He estimates that the incentive-based, cooperative strategies his team
used had an 80% success rate, but laments that these milder techniques were not widely
adopted by old school interrogators (Gross & Miller, 2011). A recently declassified
U.S. government document (Declassified document 000353, 2002, p. 2) corroborates his
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methodological choice, noting The application of extreme physical and/or psychological
duress (torture) has some serious operational deficits, most notably, the potential to result
in unreliable information.
The document goes on:
This is not to say that the manipulation of the subject's environment in an effort
to dislocate their expectations and induce emotional responses is not effective. Onthe contrary, systematic manipulation of the subject's environment is likely to
result in a subject that can be exploited for intelligence information and other
national strategic concerns. (Declassified document 000353, 2002, p. 2)
Manipulation of the subjects environment is troublingly vague, conceivably justifying
unethical privations that are elsewhere classed as psychological torture. This class
includes the severe emotional abuse of no-touch torturethe sleep, exercise, and
communication deprivation characteristic of solitary confinement. Despite its mention in
the declassified document, the U.S. government continues to deny this or any other use of
torture, calling the conditions in single occupancy cells standard forLevel One military
prisons such as the Marine Corps Brig at Quantico, or the Guantanamo Bay detention
facility. Hostile interrogations, including those of U.S. citizens, have also taken place off
American soil, during extraordinary renditions to secret prisons (so-called black sites),
and, notoriously, at the U.S. prison at Abu Ghraib.
Under former U.S. Secretary of Defense Donald Rumsfeld, enhanced
interrogation techniques previously limited to Army Special Access Programs were
extended to common soldiers andnational guardsmen and women. The cornerstone of
enhancement in this theatre was tailored to what were seen as the specific
vulnerabilities of Arabic males: coercive force coupled with sexual humiliation. This
atmosphere of permissiveness vis--vis racial discrimination and religious bigotry led to
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widespread abuse. The ghastly images leaked from Abu Ghraib confirmed what
psychologists have known for some time: official authorization and/or belief in the
sanctity of ones cause facilitates the dehumanization of victims (Milgram, 1974;
Zimbardo, 1991; Bandura, 1999).
Even if they had not resulted in death and maiming of subjects, these acts would
normally have been prohibited by international humanitarian lawunder the third and
fifth articles of the UN Declaration of Human Rights (1948)and the UN Convention
Against Torture (1984). Whereas the official line has been to dismiss abuses like those at
Abu Ghraib as aberrationsthe depraved acts of a few, deviant individualspsychiatrist
and historian R.J. Lifton (2004) has argued that war regularly produces conditions
favorable to criminal violations, with wars of counterinsurgency particularly prone to
such atrocity-producing situations.
Torture, Terrorism, and War in the context of International Humanitarian Law
Wars of aggression are prosecutable under the 1928 Kellogg Briand Pact (The
General Treaty for the Renunciation of War), which was used as the basis for the
crimes against peace prosecuted by the Nuremberg Tribunal, as well as under article
two of the United Nations Charter. Wars of defense, by contrast, are protected under the
UN Charters article 51 (1945), which states, Nothing in the present Charter shall impair
the inherent right of individual or collective self-defense if an armed attack occurs against
a Member of the United Nations, until the Security Council has taken measures necessary
to maintain international peace and security. In practice, because nations retain the
prerogative to determine what constitutes their vital interests and to define threats to that
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interest, the legality of defensive war has provided a loophole for preemptive, even
preventative war-making invoked, for instance, in the Iraq and Vietnam Wars (McMahan,
2005). Critics of these wars argue that their prolonged timetables and high civilian
casualties make them functionally indistinct from wars of aggression (Burke, 2004).
In neither of these conflicts, nor the one in Afghanistan, has war officially been
declared, each having the characteristics of counter-insurgency rather than a series of
battles against a national foe that could be decisively defeated. The U.S. has portrayed the
violations of national sovereignty in Afghanistan and Iraq as multilateral decisions in an
attempt to legitimate them. Despite UN Security Council backing being named as a sine
qua non by a majority of Americans polled for the invasion of Iraq (Benedetto, 2003),
only the coalition effort in Afghanistan had this designation. Failure on this front in Iraq
runs afoul of just war principles such as reasonable chance of success and
authorization by legitimate authority. Revelations since the invasion point to the
violation of the more fundamental just war criteria ofjust cause and last resort
(Wilson, 2003; McMahan, 2005).
Afghanistan and Iraq are seen as fronts in the War on Terror waged by the U.S.
military and intelligence apparatuses, the prosecution of which raises questions in
international humanitarian law. The Bush administrations unilateral declaration that
suspected members of international terrorist organizations like Al Qaeda would be
considered illegal combatants attempted to void their protection under the Geneva
Conventions. However, low-intensity counter-insurgency warfare is covered under
international humanitarian law (IHL): The third and fourth articles of the Third Geneva
Convention of 1929, relative to the Treatment of Prisoners of War, deal expressly with
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armed conflict notof an international character, mentioning torture among its
prohibitions several times, as well as outrages upon personal dignity, in particular,
humiliating and degrading treatment, for all category of belligerent: crew-members or
laborers, correspondents or contractors, paramilitary or militia, sick or wounded
(International Committee of the Red Cross, 1949). The Fourth Convention, relative to
the Protection of Civilian Persons in Time of War, outlaws terrorist tactics such as
hostage-taking, mutilation, and murder (International Committee of the Red Cross, 1949).
Even though civilians and captured soldiers are accorded similar rights under
these articles, the viability of IHL depends on an active distinction between these groups
on the part of all involved: soldiers cannot hide among civilians and civilians cannot
behave like soldiers. Members of organized resistance movements, belonging to a Party
to the conflict and operating in oroutside their own territory, even if this territory is
occupied are also covered by the Conventions, provided they meet four conditions: (a)
that of being commanded by a person responsible for his subordinates; (b) that of having
a fixed distinctive sign recognizable at a distance; (c) that of carrying arms openly; (d)
that of conducting their operations in accordance with the laws and customs of war
(International Committee of the Red Cross, 1949). Decentralized and covert, terrorist
tactics purposefully conform to none of these. However, under the same body of law,
apprehended and detained terror suspects are afforded the protection against mutilation
and murder that they deprived of their victims.
Conclusions
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Even when respondents do not expressly invoke international law or ethics, their
definitions of war, torture, and terror are drawn from one of three basic conceptions
regarding the permissibility of political violence: 1) these acts and activities are
unqualifiedly immoral and therefore impermissible (the position of the pacifist), 2)
qualifiedly moral and permissible (the middle territory that the just war tradition is meant
to navigate), or 3) amoral (the position of the foreign policy realist). In the last case, an
acts permissibility is unrelated to its putative morality, and is only related to its legality
insofar as it is enforceablea largelypost hoc consideration in anarchic international
relations. Because the validity of desperate means depends on the specific conditions
under which they are deployed, as in the second and third cases, neither international law
nor absolutist moral law seem adaptable enough to be useful.
As undesirable as it is, war seems to admit of exception. War may be hell, but it
nonetheless continues to strike citizens of disparate dispositions as occasionally
necessary, albeit for different reasons. As De Mercurio et alpoint out in their chapter,
competing conceptions of what constitutes vital national security interests range from
stopping an immanent threat, to finding dragons to slay. Because of the short leap from
the genuine attempt to promote global justice to governments confusing their good
intention for just cause, national interests must be kept in check through citizens
vigilance and participation. The findings presented in this book imply that once
statespersons convince themselves of their nations stake in a particular conflict, public
opinion is dangerously malleable. This is especially true when members of the media
cease to be vigilant. Peacetime, therefore, ought not be considered merely the period
between inevitable wars, but the time in which populaces steel themselves against
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spurious official rationales for conflict, building bridges between themselves and the
potential other.
Misleading as the War on Terror is in naming an abstraction as a belligerent,
the psychology and sociology behind the resort to terror, often by affluent and educated
individuals, is a pressing area of further study. While many individuals intuitions about
political rights align with the consensus in international ethics, addressing the twin
scourges of aggressive war and terrorism requires continuing public education or re-
education regarding its particular moral and legal requirements. These intuitions can be
overpowered by socialization into either the debilitating cultural relativism that has
become prevalent in higher education, or the jingoistic ethnocentrism or militant
nationalism that often characterizes populist appeals to the less well-educated. Without
authentic deliberation about just reconciliation of difference, these forces threaten to
undermine both the conviction behind international resolutions like the Responsibility to
Protect, and the skepticism necessary to keep individual governments in check, in and out
of wartime.
By demanding national governments adhere to the standards set out in the UN
Charter, conform to international humanitarian law, and accept the jurisdiction of the
International Criminal Court and International Court of Justice, citizens take collective
responsibility for shaping the vaunted opinion of[hu]mankind (Walzer, 2006). Voting
is too slow a mechanism to elicit such accountability; these entities and ideas must
permeate political discourse about foreign affairs and electoral platforms, as well as
dinnertime and work conversations. Informed opinion includes knowing, rather than
guessing, what others around the world think. Thus, public opinion presented through
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survey data like those that appear in this chapter, is highly relevant in progressing debate
over the normative status of political violence. It is only through the negotiation of a
more precise understanding of concepts like torture and terror, in their colloquial, legal,
and historical uses, that we can clarify and refine the standards by which humanity
defines humanity.
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