Professional Documents
Culture Documents
Jonathan Willbanks
Michael Cucher
Writing 140
There is a nuclear bomb set to detonate in Los Angeles in two hours. It is a dirty
bomb. Three million people will be killed in the initial blast, and over five million more
will die from the radiation caused by the bomb’s fallout cloud. One man, a terrorist,
knows where the bomb is. He is in custody. He is not talking. Torture, the most horrific
of human acts, is the only hope of getting the information necessary to prevent
worth the moral cost to our society and to our souls? In a post-atomic modern age, where
the threat of terrorism looms over all nations, these are the haunting questions our leaders
must face. Charles Krauthammer makes a valiant effort to clarify the moral issues of the
question of torture, and in doing so sheds light on the disturbing reality of what a modern
nation must do to protect its people. Despite some flaws, through a systematic
should not only be permitted but may at times be absolutely necessary is presented in a
United States is to differentiate between the three different types of prisoners who may
potentially be subject to torture; the ordinary solider, the terrorist, and the terrorist with
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information. Krauthammer argues against the torture of the former of these two. The
ordinary solider is incarcerated only to prevent him from returning to the battlefield. The
nature as a moral and humane people (Krauthammer 2)” It is only the final class of war
prison, the terrorist with information, who Krauthammer believes should be subject to
torture. To arrive at this conclusion, Krauthammer rationally evaluates the potential cost
of innocent civilian life against the pain of a terrorist prisoner. This moral calculus
problem has only one clear answer. Torture is not only permissible in this scenario; it is a
moral imperative.
As disgusting and unpleasant as the “…monstrous evil that is any form of torture
(Krauthammer 4),” may be, Krauthammer argues that it is both logical and moral to
torture a terrorist for information that may save innocent civilian lives. This position,
when established from the outset vastly enhances the effectiveness of his argument
because once the distinction between the different types of war prisoners is made, he can
move forward with his argument without regard to the “what if?” moral objections
inherent in the torture of ordinary soldiers and even ordinary terrorists. This makes
Krauthammer’s rhetoric far more effective than most torture-related arguments because
Krauthammer then breaks down a misconception about terrorism: that the treatment
of terrorist prisoners will impact how captured allied troops are treated. According to
provide a deterrent to the kind of barbaric treatment of civilians that had become so
horribly apparent during the first half of the 20th century (Krauthammer 1: ICRC 1),” not
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simply to protect the rights of prisoners, as popular opinion purports. In the world of
western style warfare, the provisions of the Geneva Convention proved reasonably
effective. Captured prisoners on the European front of World War II were, as a whole,
treated far better than those of the previous world war. This however does not seem to be
the case in war with countries of radically different belief and value systems. On the
Pacific front of World War II for example, captured prisoners underwent gruesome
torture at the hands of their Japanese captors. The principle of reciprocity behind the
Geneva Convention only functions in war against a society that holds similar values. Our
terrorist enemies in the Middle East, and undoubtedly on our own soil, play by different
rules than we do. The U.S.’ treatment of prisoners is, according to Krauthammer, quite
generous. “We give them three meals a day, superior medical care, and provision to pray
five times a day,” as well as access to the Koran, the document that has been twisted by
these extremists in such a perverse way that it, according to Krauthammer “…inspires
their barbarism.” And yet, as the frequent internet video releases of brutal Al-Qaeda
Berg in 2004, this generally humane treatment of terrorist prisoners has done little to
With the target of his proposed torture policy defined and a major misconception
regarding international law debunked, Krauthammer moves forward with his argument
by clarifying who specifically can carry out the act of torture. Again, he heads off
objections by positing that only trained professionals, after first receiving judicial
approval, would be allowed to torture prisoners with information. They would also need
to have a proven track record of not abusing their position, thus preventing “…the kind of
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sick sadomasochism Lynndie England and her cohorts engaged in at Abu Ghraib.” This
removes the major concern of abuse and revenge-driven masochism so frequently used in
heavily influenced by our torture policy. It is thus crucial that the decision to torture a
policy to relegate these decisions only to trained professionals who have obtained judicial
approval ensures that decisions carrying the weight of the future of US foreign policy
would not rest upon the shoulders of the soldier or even his commander. By not allowing
troops on the ground to make such decisions, Krauthammer removes another veil of
Krauthammer is at his most potent however when he begins to specifically refute the
positions of his opposition, namely that of Senator John McCain, author of the McCain
Amendment to ban all forms of torture by the United States. The major problem with the
argument that torture should be unequivocally banned, but that exceptions should be
made (outside the law) in extreme situations, such as in the “ticking time bomb” scenario,
(Krauthammer 6). But if in this scenario torture is the imperative, then why propose a law
that bans torture entirely? Krauthammer takes the far more reasonable stance of
and proposes to plan and regulate a course of action. In a life and death situation, there
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should be no gray area as to what action to take. It is better to plan for the contingency
than be caught with one’s proverbial pants down. It is the foresight and planning
proposed by Krauthammer that will allow crisis scenarios to be effectively dealt with. By
pointing out this paradox in McCain’s logic and positing a detailed alternative,
Krauthammer’s provisional pro-torture stance becomes far more effective than McCain’s
position.
1999 ban of state-sponsored torture in which the supreme court of Israel declared the
nation one which "does not accept that investigators use any means for the purpose of
uncovering truth. The rules pertaining to investigators are important to a democratic state.
They reflect its character. (Barak 1)" Yet the character of Israel may not be in line with
what the court truly believed. The ban was effectively lifted just a year later during the
second Palestinian uprising when terrorist attacks swelled within the nation of Israel. In
the face of a renewed terrorist threat, the nation’s leaders shifted from progressivism to
protectionism, defending torture “as a last resort in preventing terrorist attacks” (Frankel
1). The pedestal upon which McCain places Israel is a wobbly one indeed. Israel’s ban on
torture was a failed effort, and by drawing attention to this failure, the effectiveness of
Krauthammer’s argument does falter at points however, though most of these are
discussion of the kidnapping of Israeli corporal Nachshon Waxman, in which the torture
of his driver led to the discovery of Waxman’s location. Waxman, however, was killed in
the rescue attempt - making the entire effort ultimately futile. Krauthammer mentions this
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almost in passing, noting that it does nothing to change “the moral calculus
example raises some doubt about the general legitimacy of his argument. If this is the
most extreme example he can cite, then is the terrible so-called “necessity” of a torture
shaky ground in his proposal that “Interrogators would be constrained to use the least
inhuman treatment necessary relative to the magnitude…of the knowledge being obtained
uncomfortably large gray area ripe for abuse. His suggestion of post-facto authorization
similar to that of the McCain amendment. Under the rules of Krauthammer’s proposal, an
agent could essentially legally engage in any form of torture which he subjectively finds
the danger great or imminent enough to warrant, with the knowledge that he can receive
legal authorization the next day. This potentially places the US’ foreign policy – or rather
international perception of it - squarely within morally gray territory. This remains one of
the largest holes unaddressed by Krauthammer, and detracts from the effectiveness of his
assumptions of entirely logical and rational human behavior in a time of crisis. But in
reality, difficult decisions such as whether to commit torture and in what manner to do so
are heavily impacted by human emotion in the heat of the moment. Krauthammer’s
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detached voice negates the human issue of these terrible decisions. Policy does not exist
and reasoned than most, especially considering the rhetorical minefield of the subject
matter. His reasoned, systematic proposal, along with his superior refutation of his
biggest opponent, Senator McCain, makes his argument both effective and compelling,
resonating - for better or worse - with readers on all wavelengths of the political
spectrum.
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D. Dorner. Israel. Supreme Court of Israel. The Supreme Court of Israel, Sitting as the
<hei.unige.ch/~clapham/hrdoc/docs/terrorisraeljudgment.pdf>.
Frankel, Glenn. "Prison Tactics a Longtime Dilemma for Israel." The Washington Post. 16 June
dyn/articles/A44664-2004Jun15.html>.
Committee of the Red Corss. 1 Sept. 2006. International Committee of the Red Cross. 30
Krauthammer, Charles. “The Truth About Torture.” The Weekly Standard. 5 Dec. 2005.
13 Sept 2007.
<http://weeklystandard.com/Content/Public/Articles/000/000/006/400rhqav.asp?pg=1>
McCain, John. “Torture’s Terrible Toll.” Newsweek. 21 Nov. 2005. 15 Sept 2007.
<http://www.msnbc.msn.com/id/1001979/site/newsweek/>
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