Torture

by JASON | 9:33 AM in |

The Torture Paradigm

Over the past 60 years, victims worldwide have endured the CIA's "torture paradigm," developed at a cost that reached $1 billion annually, according to historian Alfred McCoy in his book A Question of Torture. He shows how torture methods the CIA developed from the 1950s surfaced with little change in the infamous photos at Iraq's Abu Ghraib prison. There is no hyperbole in the title of Jennifer Harbury's penetrating study of the U.S. torture record: Truth, Torture, and the American Way. So it is highly misleading, to say the least, when investigators of the Bush gang's descent into the global sewers lament that "in waging the war against terrorism, America had lost its way."

None of this is to say that Bush-Cheney-Rumsfeld et al. did not introduce important innovations. In ordinary American practice, torture was largely farmed out to subsidiaries, not carried out by Americans directly in their own government-established torture chambers. As Allan Nairn, who has carried out some of the most revealing and courageous investigations of torture, points out: "What the Obama [ban on torture] ostensibly knocks off is that small percentage of torture now done by Americans while retaining the overwhelming bulk of the system's torture, which is done by foreigners under U.S. patronage. Obama could stop backing foreign forces that torture, but he has chosen not to do so."

Obama did not shut down the practice of torture, Nairn observes, but "merely repositioned it," restoring it to the American norm, a matter of indifference to the victims. "[H]is is a return to the status quo ante," writes Nairn, "the torture regime of Ford through Clinton, which, year by year, often produced more U.S.-backed strapped-down agony than was produced during the Bush/Cheney years."

Sometimes the American engagement in torture was even more indirect. In a 1980 study, Latin Americanist Lars Schoultz found that U.S. aid "has tended to flow disproportionately to Latin American governments which torture their citizens,... to the hemisphere's relatively egregious violators of fundamental human rights." Broader studies by Edward Herman found the same correlation, and also suggested an explanation. Not surprisingly, U.S. aid tends to correlate with a favorable climate for business operations, commonly improved by the murder of labor and peasant organizers and human rights activists and other such actions, yielding a secondary correlation between aid and egregious violation of human rights.

These studies took place before the Reagan years, when the topic was not worth studying because the correlations were so clear.

Small wonder that President Obama advises us to look forward, not backward -- a convenient doctrine for those who hold the clubs. Those who are beaten by them tend to see the world differently, much to our annoyance.

Adopting Bush's Positions

An argument can be made that implementation of the CIA's "torture paradigm" never violated the 1984 Torture Convention, at least as Washington interpreted it. McCoy points out that the highly sophisticated CIA paradigm developed at enormous cost in the 1950s and 1960s, based on the "KGB's most devastating torture technique," kept primarily to mental torture, not crude physical torture, which was considered less effective in turning people into pliant vegetables.

McCoy writes that the Reagan administration then carefully revised the International Torture Convention "with four detailed diplomatic 'reservations' focused on just one word in the convention's 26-printed pages," the word "mental." He continues: "These intricately-constructed diplomatic reservations re-defined torture, as interpreted by the United States, to exclude sensory deprivation and self-inflicted pain -- the very techniques the CIA had refined at such great cost."

When Clinton sent the UN Convention to Congress for ratification in 1994, he included the Reagan reservations. The president and Congress therefore exempted the core of the CIA torture paradigm from the U.S. interpretation of the Torture Convention; and those reservations, McCoy observes, were "reproduced verbatim in domestic legislation enacted to give legal force to the UN Convention." That is the "political land mine" that "detonated with such phenomenal force" in the Abu Ghraib scandal and in the shameful Military Commissions Act that was passed with bipartisan support in 2006.

Bush, of course, went beyond his predecessors in authorizing prima facie violations of international law, and several of his extremist innovations were struck down by the Courts. While Obama, like Bush, eloquently affirms our unwavering commitment to international law, he seems intent on substantially reinstating the extremist Bush measures. In the important case of Boumediene v. Bush in June 2008, the Supreme Court rejected as unconstitutional the Bush administration claim that prisoners in Guantanamo are not entitled to the right of habeas corpus.

Creating Terrorists

There is still much debate about whether torture has been effective in eliciting information -- the assumption being, apparently, that if it is effective, then it may be justified. By the same argument, when Nicaragua captured U.S. pilot Eugene Hasenfuss in 1986, after shooting down his plane delivering aid to U.S.-supported Contra forces, they should not have tried him, found him guilty, and then sent him back to the U.S., as they did. Instead, they should have applied the CIA torture paradigm to try to extract information about other terrorist atrocities being planned and implemented in Washington, no small matter for a tiny, impoverished country under terrorist attack by the global superpower.

By the same standards, if the Nicaraguans had been able to capture the chief terrorism coordinator, John Negroponte, then U.S. ambassador in Honduras (later appointed as the first Director of National Intelligence, essentially counterterrorism czar, without eliciting a murmur), they should have done the same. Cuba would have been justified in acting similarly, had the Castro government been able to lay hands on the Kennedy brothers. There is no need to bring up what their victims should have done to Henry Kissinger, Ronald Reagan, and other leading terrorist commanders, whose exploits leave al-Qaeda in the dust, and who doubtless had ample information that could have prevented further "ticking bomb" attacks.

Such considerations never seem to arise in public discussion.

There is, to be sure, a response: our terrorism, even if surely terrorism, is benign, deriving as it does from the city on the hill.

Unexceptional Americans

Another standard pretext for torture is the context: the "war on terror" that Bush declared after 9/11. A crime that rendered traditional international law "quaint" and "obsolete" -- so George W. Bush was advised by his legal counsel Alberto Gonzales, later appointed Attorney General. The doctrine has been widely reiterated in one form or another in commentary and analysis.

The 9/11 attack was doubtless unique in many respects. One is where the guns were pointing: typically it is in the opposite direction. In fact, it was the first attack of any consequence on the national territory of the United States since the British burned down Washington in 1814.

Another unique feature was the scale of terror perpetrated by a non-state actor.

Horrifying as it was, however, it could have been worse. Suppose that the perpetrators had bombed the White House, killed the president, and established a vicious military dictatorship that killed 50,000 to 100,000 people and tortured 700,000, set up a huge international terror center that carried out assassinations and helped impose comparable military dictatorships elsewhere, and implemented economic doctrines that so radically dismantled the economy that the state had to virtually take it over a few years later.

That would indeed have been far worse than September 11, 2001. And it happened in Salvador Allende's Chile in what Latin Americans often call "the first 9/11" in 1973. (The numbers above were changed to per-capita U.S. equivalents, a realistic way of measuring crimes.) Responsibility for the military coup against Allende can be traced straight back to Washington. Accordingly, the otherwise quite appropriate analogy is out of consciousness here in the U.S., while the facts are consigned to the "abuse of reality" that the naïve call "history."

It should also be recalled that Bush did not declare the "war on terror," he re-declared it. Twenty years earlier, President Reagan's administration came into office declaring that a centerpiece of its foreign policy would be a war on terror, "the plague of the modern age" and "a return to barbarism in our time" -- to sample the fevered rhetoric of the day.

That first U.S. war on terror has also been deleted from historical consciousness, because the outcome cannot readily be incorporated into the canon: hundreds of thousands slaughtered in the ruined countries of Central America and many more elsewhere, among them an estimated 1.5 million dead in the terrorist wars sponsored in neighboring countries by Reagan's favored ally, apartheid South Africa, which had to defend itself from Nelson Mandela's African National Congress (ANC), one of the world's "more notorious terrorist groups," as Washington determined in 1988. In fairness, it should be added that, 20 years later, Congress voted to remove the ANC from the list of terrorist organizations, so that Mandela is now, at last, able to enter the U.S. without obtaining a waiver from the government.

The reigning doctrine of the country is sometimes called "American exceptionalism." It is nothing of the sort. It is probably close to a universal habit among imperial powers. France was hailing its "civilizing mission" in its colonies, while the French Minister of War called for "exterminating the indigenous population" of Algeria. Britain's nobility was a "novelty in the world," John Stuart Mill declared, while urging that this angelic power delay no longer in completing its liberation of India.

Similarly, there is no reason to doubt the sincerity of Japanese militarists in the 1930s, who were bringing an "earthly paradise" to China under benign Japanese tutelage, as they carried out the rape of Nanking and their "burn all, loot all, kill all" campaigns in rural North China. History is replete with similar glorious episodes.

As long as such "exceptionalist" theses remain firmly implanted, however, the occasional revelations of the "abuse of history" often backfire, serving only to efface terrible crimes. The My Lai massacre was a mere footnote to the vastly greater atrocities of the post-Tet pacification programs, ignored while indignation in this country was largely focused on this single crime.

Watergate was doubtless criminal, but the furor over it displaced incomparably worse crimes at home and abroad, including the FBI-organized assassination of black organizer Fred Hampton as part of the infamous COINTELPRO repression, or the bombing of Cambodia, to mention just two egregious examples. Torture is hideous enough; the invasion of Iraq was a far worse crime. Quite commonly, selective atrocities have this function.

Historical amnesia is a dangerous phenomenon, not only because it undermines moral and intellectual integrity, but also because it lays the groundwork for crimes that still lie ahead.

http://www.informationclearinghouse.info/article22659.htm

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