America's historic position on torture

The historic position of the government of the United States has been to oppose torture and to seek its elimination around the world.

America's opposition to torture began with the American Revolution and the Declaration of Independence's proclamation of universal individual human rights: "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain inalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness." In 1863, in the midst of the brutalities of the Civil War, President Lincoln forbade his forces from acts of cruelty, including torture. After the barbarities of World War II, America led an emergent community of United Nations to adopt in 1948 the Universal Declaration of Human Rights, with its provision that "No one shall be subjected to torture or to cruel, inhuman, or degrading treatment or punishment (Art. 5)." In 1975, the United States aided in the United Nations adoption of a separate Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment. In 1988 President Reagan signed and in 1994 the United States ratified the United Nations Convention Against Torture, Inhuman or Degrading Treatment or Punishment, the most comprehensive legally binding international treaty prohibiting the use of torture. The U.N. Convention's prohibition against torture is absolute, without exceptions.

America's decision to use torture in the war on terror

A radical new front for American national security opened with the deadly terrorist attacks of September 11, 2001.

Vowing to wage "war on terror", President Bush sent U.S. forces to Afghanistan to oust the Taliban and hunt down Osama bin Laden and al Qaeda loyalists. The war on Iraq followed a year later. Hundreds were detained in the conflicts. Faced with interrogating detainees suspected of terrorist ties, the question arose of permissible techniques. The Bush administration took the fateful decision that the gloves should come off. Internal Justice Department memos disclose official attempts to re-interpret American law, binding international treaties, and the Constitution to permit using torture, itself redefined, on detainees in the war on terror. Americans and the world first became widely aware of America's use of torture in April 2004, when photographs emerged from Abu Ghraib prison in Iraq of prisoners being sexually humiliated, hooded and bound in painful positions, and threatened with dogs. From public statements by military officers, C.I.A. agents, and government officials it later became clear that these practices were not confined to Abu Ghraib. United States military and intelligence officials at Guantanamo Bay prison in Cuba, at Bagram Air Force Base in Afghanistan, and at secret prisons in Eastern Europe, Africa and Asia have used beatings, mock executions, sleep and sensory deprivation, stress positions, sexual humiliation and waterboarding to interrogate detainees. The methods have been approved at the highest levels of the U.S. government, despite their being in violation of American and international law and, in the annual country human rights reports of the U.S. State Department, being publicly denounced when used by other countries.

The consequences of America's decision to use torture

It is undeniable that America and its allies face a grave threat from international terrorist organizations. It is also undeniable that the U.S. government's decision to employ torture to meet this threat has had dire consequences.

Using torture has not made America safer. It has fueled anti-Americanism around the world, recruited new conscripts into the ranks of terrorists, and placed captured U.S. personnel at special risk. It has lowered our nation's moral standing, frayed our alliances, and undermined our ability to promote freedom and democracy abroad. Torture has badly damaged American credibility. Who believes us when our leaders say "America does not torture," or "we must keep our interrogation methods secret for reasons of national security," or "waterboarding is not torture"? Our use of torture has had its damage on the home front as well. It has diminished pride in our country, confidence in who we are as a people, and our belief that America can contribute to a more humane world. In times of terrorism and violence, just as in times of peace and prosperity, we must remain steadfast and uphold the sacred values of freedom, respect for human rights, and the rule of law on which American democracy was founded.

What we must do to restore America's historic rejection of torture

Let us take note and take heart that in the war on terror America is not alone. We are neither the first nor the only democratic country to suffer deadly terrorist attack. Combating terrorism is a high priority for key allies like Britain, France, Italy, Germany, and Spain.
Let us take note also that these allies of ours all reject torture. They are committed together with the other member states of the Council of Europe to the fundamental principle that "it is both possible and necessary to combat terrorism while respecting human rights, fundamental freedoms, and the rule of law."
Let us together as a nation publicly renew our absolute rejection of torture in all forms, at all times, in all places. Americans are ready to make and will fully support this declaration. Our allies will welcome this significant step in our collaboration in the war on terror.
Let us openly declare that in rejecting torture our intent is to protect our troops overseas, to ensure our nation's commitment to the rule of law, and to restore America's credibility at home and abroad.
Let us, finally, ensure that America's public rejection of torture is given practical meaning through immediate and resolute implementation of the following steps:
1. To investigate and bring to public knowledge a full accounting of the detention and interrogation practices carried out by the United States in respect to the torture and ill-treatment of detainees in the war on terror.
2. To acknowledge and condemn our use of torture and, without minimizing or excusing, to take full responsibility for our violations of U.S. and international laws that prohibit torture.
3. To reaffirm United States commitment to the protection of human rights and adherence to U.S. and international law, the Geneva Conventions, and to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
4. To renounce all interpretations of these laws issued in U.S. government internal memoranda that permit our use of torture, and to restore to the word torture its time-honored meaning.
5. To ensure that all whom our forces detain are treated in accordance with the same legal standards we would have others observe when detaining American prisoners.
6. To reject and abolish the practice of the rendition of detainees abroad.
7. To establish one standard of interrogation, based on the sound guidance of the U.S. Army Field Manual, to apply to all persons captured or held in U.S. custody or under U.S. control, whether C.I.A., military, or civilian.
8. To strengthen and broaden Congressional oversight of the treatment of detainees by U.S. personnel combating terrorist organizations.
9. To introduce and enforce, in respect to U.S. treatment of detainees, full transparency of information to the American public, the United States Congress, the International Committee of the Red Cross, and the implementing committees of the international treaties to which we are a party.

America's historic values in time of war

"Treat them with humanity, and let them have no reason to Complain of our Copying the brutal example of the British Army in their treatment of our unfortunate brethren who have fallen into their hands."
— George Washington, January 8, 1777

"Military necessity does not admit of cruelty — that is, the infliction of suffering for the sake of suffering or for revenge, nor of maiming or wounding except in fight, nor of torture to extort confessions. It does not admit of the use of poison in any way, nor of the wanton devastation of a district. It admits of deception, but disclaims acts of perfidy; and, in general, military necessity does not include any act of hostility which makes the return to peace unnecessarily difficult."
— Abraham Lincoln, April 24, 1863

"Our values and the laws governing warfare teach us to respect human dignity, maintain our integrity, and do what is right. Adherence to our values distinguishes us from our enemy….Some may argue that we would be more effective if we sanctioned torture or other expedient methods to obtain information from the enemy. They would be wrong. Beyond the basic fact that such actions are illegal, history shows they also are frequently neither useful nor necessary….What sets us apart from our enemies in this fight is how we behave. In everything we do, we must observe the standards and values that dictate that we treat noncombatants and detainees with dignity and respect."
— General David Petraeus, Commander, U.S. military in Iraq, May 10, 2007