In the aftermath of the 9/11 terrorist attacks, the
Bush administration enacted controversial and brutal detention and
interrogation programs. Under direction from the executive branch, a combined
effort by the United States military and intelligence apparatuses created a
system where “suspected terrorist” were captured, held without trial, and
tortured. These programs flew in the face of both international and United
States laws, and have resulted in massive anti-American outrage abroad.
During the post-9/11 Bush years, people captured by
the United States under suspicion of terrorist activities or who were thought
to have information about terrorist groups were indefinitely detained. In
addition to those captured by US military forces, this program was also used
upon people abducted by the CIA and those who were given to the USA under the
bounty program for “terrorists”. Unlike in detentions based upon civil laws
(imprisonment under criminal charges) or rules of international conflicts
(detention of prisoners of war), those detained by the Bush administration were
held as “enemy combatants” and were not afforded any rights; these individuals
could be held for unlimited amounts of time, be denied any legal process or civil
rights, and be subjected to torture. The legal fiction of the “enemy combatant”
status was utilized by the Bush administration to create a group of people who
they could treat in an unaccountable manner—as they were neither prisoners of
war nor civil prisoners, they had few guaranteed rights and the Bush administration
could justify their harsh treatment.
The creation of the “enemy combatant” language and
the accompanying detention program represent a terrible departure from the
standards of the American legal system. The detention of individuals, without
trial, for extended periods of time, and in terrible conditions, violates the
constitutional protections of the 4th, 5th, 6th,
and 8th Amendments—unfortunately, as these individuals were in the
legal no-man’s-land of the “enemy combatant” status and were held outside of
the country, the Bush administration had a legal fig-leaf to cover the fact
that they were eviscerating the constitution.
Legally speaking, there is little that can be done
to punish the Bush administration for its use of indefinite detention on
suspected terrorists. The actions of the executive branch during the Bush years—and,
to a lesser degree, the Obama administration—are morally reprehensible and
deeply embarrassing to all fair-minded Americans, but they don’t constitute
prosecutable crimes; the immunity enjoyed by the executive branch in matters foreign
policy shields them from criminal prosecutions stemming from policy choices
made in good faith (Those in the execute branch are extremely difficult to
prosecute for crimes that they commit while doing their jobs). In the future,
Americans will likely look back upon the indefinite detention program of the United
States and see it in much the way we look at the Japanese internment program of
the mid-twentieth century: a national disgrace and illustration of how our
country can make terrible moral choices while in the thrall of fear.
While the indefinite detention program may be
difficult to prosecute, the torture program which was attached to it is far
more clear-cut. During most of the Bush years, the United States implemented a torture
program which operated in a series of lawless and secret prisons. Many of the
individuals who were indefinitely detained by the United States were subjected
to cruel and inhumane treatment during their detention.
It is now common knowledge that the United States
military and intelligence organizations practiced many recognized torture techniques
during the Bush administration. By reverse-engineering interrogation techniques
from the US military SERE program (Survival Evasion Resistance Escape), the
Bush administration created a torture program which would rival that of any
repressive regime. A variety of techniques, most of which are expressly
forbidden by international and US domestic laws, were implemented against “suspected
enemy combatants”. As if the use of torture weren’t bad enough, most of those
subjected to these techniques were innocent, yet had never been afforded any
legal process to prove their innocence. Here are examples of several techniques
that the USA utilized which are considered torture:
·
“Water-Boarding” – A torture technique
that simulates drowning and causes extreme stress on the body; the United
States has long-considered this interrogation technique a form of torture and previously
executed several Japanese officers for water-boarding Americans during WWII.
·
Sleep Deprivation – Prolonged and forced
wakefulness causes extreme psychological and physical stress.
·
“Stress Positions” – Forcing prisoners
to maintain uncomfortable positions for extended periods of time is a form of
torture; it causes extreme pain and eventually can result in nerve/joint
damage.
·
Beatings – Beating prisoners is among
the most common tortures utilized by repressive regimes; unfortunately, the USA
has utilized a widespread program of interrogation where “head-slapping” and “throwing
prisoners against walls” are accepted interrogation techniques.
It is absolutely inarguable that the tortures
authorized by the Bush Administration were illegal and should be prosecuted to
the full extent of the law. Torture is an extremely serious crime under
American domestic law, and is considered a war crime under the Geneva Convention—under
both legal standards torture is punishable by a maximum sentence of life in
prison. There is no legal excuse that would protect a politician who orders
torture, either in US or international law, and it is shameful that the Bush administration
has gotten away without consequences.
The American people were largely ignorant of the American
detention and torture programs for years, but even when it was reported in the
news, there was no significant backlash against politicians. Much of the
outrage that should accompany these programs was mitigated by the fact that these
programs were very rarely used upon Americans and the Bush administration
endlessly proclaimed that the people being detained were the “worst of the
worst” and dangerous terrorists. As many Americans were afraid of another 9/11,
they stifled their outrage at our government’s actions and tolerated our
government’s betrayal of our values.
Not only is there substantial evidence that the Bush
administration created a torture program, but we also have comments by the
highest officials of the Bush administration that virtually brag about the
implementation of torture. In his book “Decision Points”, President George W.
Bush claims that his response to being asked to authorize water-boarding was
simply “Damn Right”. Vice President Dick Cheney, a self-admitted architect of
the US torture program, has admitted several times in interviews that “I was a
big supporter of water-boarding”. The Bush officials’ absolute lack of shame
(if not the presence of pride) surrounding the American torture program reflects
very badly upon us, as a country—if we desire any international credibility on
the issue of human rights, the United States must begin by punishing our own
abusers.
Whether in
the courts of the United States justice system or in the war crimes tribunals
of the world court, the criminals of the Bush administration must be brought to
justice. Ultimately, it may be politically impossible to prosecute an
ex-president within the United States, but it is certainly possible to transfer
all evidence to the international courts and avail the Bush administration officials
to their jurisdiction. A refusal to prosecute torture, merely because the
criminals are our former leaders, is an abrogation of the rule of law and an
invitation to future abuses. The fact that those who committed the crime of
torture were elected officials doesn't mitigate their crimes rather, it makes
it that much worse: not only did these people torture, but they did so in our
names. Unless we swiftly punish these criminals, there will be a terrible
precedent set, where those in power are given the right to violate our most
sacred laws and simply walk away without fear of legal consequence.