Torture convention
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Scott Sagan
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CISAC senior fellow Scott Sagan decodes the enduring lessons and secret messages hidden in the hauting battlefield drawings of the Lakota Chief known as Red Horse, who fought against Lt. Col George Custer and his Seventh Cavalry forces during their infamous defeat in 1876, in this story for the New York Times' Sunday Review section.

 

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Clifton B. Parker
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The U.S. Senate summary report on the allegations of CIA torture during the "war on terror" failed to live up to its original purpose, according to Amy Zegart, co-director of Stanford's Center on International Security and Cooperation (CISAC).

In a new journal article, Zegart wrote that the report has "not changed minds on either side of the torture debate and is unlikely to do so."

In December 2014, after five years of research, the U.S. Senate Select Committee on Intelligence issued a summary report of its investigation into the Central Intelligence Agency's terrorist detention and interrogation program between 2001 and 2006.

As Zegart noted, the Senate's summary released to the public amounted to less than a tenth of the full report, most of which remains classified. In an interview, she said the issue at hand should concern all Americans.

"How do secret agencies operate in a democratic society? Were the CIA's interrogation methods effective? Were they legal or moral? What role should the Congress have played when decisions about detainees were being made? All of these are vital questions which, sadly, remain unanswered and hotly contested – in large part because they have been caught in the maw of politics on both sides," said Zegart, the co-director of the Center for International Security and Cooperation at Stanford and a senior fellow at the Hoover Institution.

'A tiny portion of the full study'

Zegart explained that four key errors have doomed the Senate report to "eternal controversy."

"It was not bipartisan, took too long to write, made little effort to generate public support along the way and produced a declassified version that constituted a tiny portion of the full study," she said.

In contrast, Zegart said, the U.S. Senate's 1975-76 Church Committee investigation of intelligence abuses made different calls on all four issues, which helped it achieve significantly more impact. That committee was formed in the wake of Watergate and disclosures in the New York Times that U.S. intelligence agencies had engaged in a number of illegal activities for years, including widespread domestic surveillance on American citizens.

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Zegart wrote, "This was deliberate: As one Church Committee source told the New York Times in December 1975, 'If you wait too long, both the public and the members of Congress forget what you're trying to reform.' He was right."

On the other hand, she said, the Senate committee investigating CIA torture consisted entirely of Democrats and took five years to deliver what turned out to be a heavily redacted report. U.S. Sen. Dianne Feinstein (D-Calif.) chaired the committee.

While Feinstein's staff worked from 2009 to 2014, Zegart said, public outrage about torture faded – in fact, public support for coercive techniques actually increased. According to Zegart, a 2007 Rasmussen poll showed that 27 percent of Americans said the U.S. should torture captured terrorists, while 53 percent said the U.S. should not. A 2012 YouGov national poll conducted by Zegart found that support for torture rose 14 points while opposition fell 19 points.

Another problem was that the investigation did not hold a single public hearing to generate public attention or support, she said. In contrast, Church's investigation held 21 public hearings in 15 months.

Finally, the Senate report is still almost entirely classified, Zegart said.

"The 'report' released in December 2014 was a redacted executive summary of 500 pages – that's less than 10 percent of the 6,700-page report. No one knows when the other 6,200 pages will see the light of day," she wrote.

'Extraordinary resistance'

The aforementioned factors gave CIA defenders the upper hand when the report was eventually issued, she said.

"When the summary was released, former CIA officials launched an unprecedented public relations campaign replete with a web site, op-ed onslaught, and even a 'CIAsavedlives' Twitter hashtag," Zegart wrote.

And so, the episode represented one of the controversial episodes in the history of the CIA's relationship with the U.S. Senate, Zegart said.

"They [the Senate] faced extraordinary resistance from the CIA that included spying on the investigation; stonewalling and whittling away what parts of the report would be declassified; and a publicity campaign to discredit the study as soon as it was released," she wrote.

Zegart said the Feinstein investigation serves as a "cautionary tale" for Congress in its constitutional role of intelligence oversight.

"Even those who consider the interrogation and detention programs a dark mark on American history should be wary of calling the Senate report the definitive account of the subject or a model of intelligence oversight success," she wrote.

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Eight leading experts in the areas of intelligence ethics and oversight and accountability were invited to contribute their perspectives on the US Senate Select Committee Report on the CIA's Detention and Interrogation Program  The responses that follow, presented in alphabetical order, offer a range of views that together provide an excellent guide to the questions and concerns posed by the report and its reception, and provide a thoughtful basis for further exploration and consideration of key issues; of ethics, of the relationship between claims regarding efficacy and normative values in the torture debate, of the relationship between law and ethics, of the significance of language in the torture debate, of the ‘politics of lying’ and of the implications of this episode for the future of intelligence oversight in the US.

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Journal Articles
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Routledge - Taylor & Francis Group
Authors
Amy Zegart
Mark Pythian
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CISAC Faculty Member Amy Zegart discusses how changing American attitudes towards torture have impacted presidential appointments to key intelligence positions, such as the Obama administration's appointment of John Brennan to lead the CIA. Four years ago, he withdrew from consideration for the position because of his role as a senior CIA official during the Bush administration and his association with enhanced interrogation techniques. His nomination as CIA Director is much less contentious this time around. 

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Commentary
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The New York Times
Authors
Amy Zegart
Amy Zegart
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According to Amy Zegart, CISAC faculty member, Americans have become more hawkish on counterterrorism policy since Barack Obama took office. In a blog post for Foreign Policy, Zegart conducted an online poll and found that 25 percent of Americans would stop a terrorist attack by using a nuclear weapon. Support for harsh interrogation techniques and assassination have also increased since similar polls were conducted in 2005 and 2007.

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Foreign Policy
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Amy Zegart
Amy Zegart
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The routine employment of torture on the popular television series 24 has given rise to the charge that the program lends verisimilitude to  the questionable premise that torture is a legitimate and effective means of interrogation. A growing body of evidence suggests the critics' charge is correct. Indeed, the Dean of the US Military Academy at West Point grew sufficiently concerned about the pernicious effects 24 was having on his cadets that he traveled to California to meet with the show's creators to ask them to tone down the use of torture on the program. The Intelligence Science Board has echoed the critics' concerns, arguing that similar reality-distorting attitudes towards torture can be seen in the public at large. But how and why can a wholly fictional program like 24 actually influence political reality? Is this case something of an exception, or more akin to the rule?  Unfortunately, evidence suggests that fiction and other socially constructed portrayals of political reality-including propaganda, false flag operations and conspiracy theories-have long exercised demonstrable effects on political reality, often in unforeseen and unintentional ways.

Through the lens of the invasion panic that gripped Great Britain in the late nineteenth century, Greenhill will explore how and why national security-related "social facts"-i.e., things that are deemed to be "true" simply because they are widely believed to be true-can become broadly adopted and disseminated and, by extension, thereby influence the development and conduct of national security policy. Greenhill will further explore what this historical case can tell us about the theoretical and policy implications such "social facts" may hold for the threats we face today, including terrorism and the proliferation of weapons of mass destruction.

Kelly M. Greenhill is Assistant Professor of Political Science and International Relations at Tufts University and Research Fellow at Harvard University's Kennedy School of Government. She holds a Ph.D. and an S.M. from M.I.T., a C.S.S. from Harvard University, and a B.A. from UC Berkeley. Greenhill previously held pre- or post-doctoral fellowships at Harvard University's Olin Institute for Strategic Studies and Belfer Center for Science and International Affairs, and at CISAC.

Her work has appeared in a variety of venues, including the journals International Security, Security Studies, and International Migration as well as in the New York Times, the Los Angeles Times and in briefs prepared for the U.S. Supreme Court. Greenhill has two books shortly forthcoming with Cornell University Press: the first, Weapons of Mass Migration: Forced Displacement, Coercion and Foreign Policy, focuses on the use of large-scale population movements as instruments of state-level coercion; and the second, Sex, Drugs and Body Counts: The Politics of Numbers in Global Crime and Conflict (co-edited with Peter Andreas), examines the politicization and manipulation of crime and conflict-related statistics. She is currently at work on a new book, a cross-national study that explores why, when, and under what conditions, fiction, so-called "social facts" and other non-factual sources of information-such as rumors, conspiracy theories and propaganda-materially influence the development and conduct of national security policies.

Lynn Eden is Associate Director for Research at the Center for International Security and Cooperation, Freeman Spogli Institute for International Studies, Stanford University. Eden received her Ph.D. in sociology from the University of Michigan, held several pre- and post-doctoral fellowships, and taught in the history department at Carnegie Mellon before coming to Stanford. In the area of international security, Eden has focused on U.S. foreign and military policy, arms control, the social construction of science and technology, and organizational issues regarding nuclear policy and homeland security. She co-edited, with Steven E. Miller, Nuclear Arguments: Understanding the Strategic Nuclear Arms and Arms Control Debates (Ithaca, N.Y.: Cornell University Press, 1989). She was an editor of The Oxford Companion to American Military History (New York: Oxford University Press, 2000), which takes a social and cultural perspective on war and peace in U.S. history. That volume was chosen as a Main Selection of the History Book Club.

Eden's book Whole World on Fire: Organizations, Knowledge, and Nuclear Weapons Devastation(Ithaca: Cornell University Press, 2004; New Delhi: Manas Publications, 2004) explores how and why the U.S. government--from World War II to the present--has greatly underestimated the damage caused by nuclear weapons by failing to predict damage from firestorms. It shows how well-funded and highly professional organizations, by focusing on what they do well and systematically excluding what they don't, may build a poor representation of the world--a self-reinforcing fallacy that can have serious consequences, from the sinking of the Titanic to not predicting the vulnerability of the World Trade Center to burning jet fuel. Whole World on Fire won the American Sociological Association's 2004 Robert K. Merton Award for best book in science, knowledge, and technology.

Reuben W. Hills Conference Room

Kelly M. Greenhill CISAC Visiting Assistant Professor of Political Science, Tufts University Speaker

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Lynn Eden is a Senior Research Scholar Emeritus. She was a Senior Research Scholar at Stanford University's Center for International Security and Cooperation until January 2016, as well as was Associate Director for Research. Eden received her Ph.D. in sociology from the University of Michigan, held several pre- and post-doctoral fellowships, and taught in the history department at Carnegie Mellon before coming to Stanford.

In the area of international security, Eden has focused on U.S. foreign and military policy, arms control, the social construction of science and technology, and organizational issues regarding nuclear policy and homeland security. She co-edited, with Steven E. Miller, Nuclear Arguments: Understanding the Strategic Nuclear Arms and Arms Control Debates (Ithaca, N.Y.: Cornell University Press, 1989). She was an editor of The Oxford Companion to American Military History (New York: Oxford University Press, 2000), which takes a social and cultural perspective on war and peace in U.S. history. That volume was chosen as a Main Selection of the History Book Club.

Eden's book Whole World on Fire: Organizations, Knowledge, and Nuclear Weapons Devastation (Ithaca: Cornell University Press, 2004; New Delhi: Manas Publications, 2004) explores how and why the U.S. government--from World War II to the present--has greatly underestimated the damage caused by nuclear weapons by failing to predict damage from firestorms. It shows how well-funded and highly professional organizations, by focusing on what they do well and systematically excluding what they don't, may build a poor representation of the world--a self-reinforcing fallacy that can have serious consequences, from the sinking of the Titanic to not predicting the vulnerability of the World Trade Center to burning jet fuel. Whole World on Fire won the American Sociological Association's 2004 Robert K. Merton Award for best book in science, knowledge, and technology.

Eden has also written on life in small-town America. Her first book, Crisis in Watertown (Ann Arbor: University of Michigan Press, 1972), was her college senior thesis; it was a finalist for a National Book Award in 1973. Her second book, Witness in Philadelphia, with Florence Mars (Baton Rouge: Louisiana State University Press, 1977), about the murders of civil rights workers Schwerner, Chaney, and Goodman in the summer of 1964, was a Book of the Month Club Alternate Selection.

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Lynn Eden Senior Research Scholar and Associate Director for Research, CISAC Commentator
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On April 16, 2009, the Justice Department released four previously classified memos issued by its Office of Legal Counsel (OLC) that provided legal guidance on the permissibility of certain aggressive techniques used during the interrogation of high-ranking al Qaeda suspects. The memos examined these techniques in light of the prohibition against torture under the Convention Against Torture (Torture Convention), the U.S. criminal statute that implements the Torture Convention ("the anti-torture statute"), and the prohibition on cruel, inhuman, and degrading treatment under the Torture Convention. The release of the memos has provoked considerable discussion about possible criminal accountability for government officials who carried out interrogations or who formulated the legal guidance authorizing them. This Insight addresses questions regarding possible criminal liability for the responsible officials and some issues of state responsibility of the United States under international law.

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American Society of International Law "Insight"
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Allen S. Weiner
Allen Weiner
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These days, it's rare to pick up a newspaper and not see a story related to intelligence. From the investigations of the 9/11 commission, to accusations of illegal wiretapping, to debates on whether it's acceptable to torture prisoners for information, intelligence—both accurate and not—is driving domestic and foreign policy. And yet, in part because of its inherently secretive nature, intelligence has received very little scholarly study. Into this void comes Reforming Intelligence, a timely collection of case studies written by intelligence experts, and sponsored by the Center for Civil-Military Relations (CCMR) at the Naval Postgraduate School, that collectively outline the best practices for intelligence services in the United States and other democratic states.

Reforming Intelligence suggests that intelligence is best conceptualized as a subfield of civil-military relations, and is best compared through institutions. The authors examine intelligence practices in the United States, United Kingdom, and France, as well as such developing democracies as Brazil, Taiwan, Argentina, and Russia. While there is much more data related to established democracies, there are lessons to be learned from states that have created (or re-created) intelligence institutions in the contemporary political climate. In the end, reading about the successes of Brazil and Taiwan, the failures of Argentina and Russia, and the ongoing reforms in the United States yields a handful of hard truths. In the murky world of intelligence, that's an unqualified achievement.

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University of Texas Press, Austin
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Thomas Bruneau
Steven C. Boraz
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978-0-292-71660-5
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Jonathan Farley
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Few of us will ever be asked to torture. But, indirectly, all of us have to make a choice: to support, as citizens, those politicians who back torture, or those who seek its prohibition. This decision seems a purely moral question. But what would be the long-term consequences to society if we were to make this radical break with the past? CISAC science fellow Jonathan Farley provides some mathematical insights.

You burst into the room. Sitting on a chair, blindfolded, his hands tied behind his back, is your prisoner. The room is dark, except for a lonely naked bulb hanging from the ceiling. He is sweating. He is afraid.

"Tell me where it is!" you scream. "Now!" You know there is little time left. Somewhere in your city, a time bomb is ticking. Whether it spits serin into the air, uranium into the water or atomic fire into the heavens, you do not know.

He does. But he is not talking. Involuntarily, you raise your hand as if to strike. What you are about to do violates the law and your conscience. And yet...

In peacetime, torture ranks next to murder as a primal sin. But during war, the debate begins over whether this evil can ever be justified to combat the seemingly greater evil of the enemy. Harvard law Professor Alan Dershowitz has said torture should be legalized.

In early October, the U.S. Senate voted 90-9 to ban it. Although Secretary of State Condoleezza Rice and President Bush have both recently asserted that "We do not torture," five U.S. Army Rangers were charged in November for punching and kicking detainees in Iraq, secret U.S. prisons have caused anxiety in Europe, and Vice President Dick Cheney has battled to win the CIA an exemption from the torture ban. As late as December, the U.S. House of Representatives stood poised to defeat the White House.

Few of us will ever be asked to torture. But, indirectly, all of us have to make a choice: to support, as citizens, those politicians who back torture, or those who seek its prohibition.

The decision of an individual to support, or reject, torture seems at first to be a purely moral question. But what would be the long-term consequences to society if we were to make this radical break with the past?

One cannot do experiments with societies, or predict the future, but, it turns out, one can attempt to address this issue using the cold, hard tools of mathematics and logic. This story begins in 1963.

The United States and the Soviet Union are on the perpetual brink of war, balanced like two sides of an equation. On the American side are "game theorists" like Thomas Schelling, recently awarded the Nobel Prize for his work on the strategy of conflict. On the Soviet side, there is the solitary mathematical psychologist Vladimir Lefebvre.

Just as mathematics could be used to describe logical reasoning, Lefebvre saw that mathematics could be used to describe ethical reasoning. If something was good -- for example, "church," "democracy," "prosperity," "kindness" -- it had value "1."

If something was evil -- "earthquake," "famine," "military defeat," "murder" -- it had value "0." But rarely were ethical situations so simple. For instance, "killing" is bad (0) but protecting one's country is good (1) -- so is war 1 or 0?

Lefebvre saw that, at the crudest level, there were essentially two types of ethical systems. Those that held that employing evil means to attain just ends was good, and those that saw that employing evil means to attain good ends was wrong.

There were also, crudely put, two types of relations between individuals: those entailing compromise (or cooperation) and those entailing confrontation.

Of course, evil people rarely see themselves as evil. So Lefebvre had to incorporate in his model of human nature the capacity of human beings to judge -- correctly or incorrectly -- the goodness or evil of their own acts, and to reflect upon their own judgments, and others'. "Reflexive Theory" was born.

It quickly became a paradigm within the Soviet defense establishment, with the publication of books such as "Mathematics and Armed Conflict." Nothing like it was known in the West.

With very simple assumptions -- for instance, that an individual who correctly sees his actions to be good when they are good, and evil if they are evil, is more highly regarded by society than an individual who incorrectly sees himself -- Lefebvre showed that in a society that accepted the compromise of good with evil, individuals would more often seek the path of confrontation with each other.

Lefebvre's insights were called upon by the State Department during negotiations with Mikhail Gorbachev in Reykjavik, Iceland. (And perhaps Lefebvre's model could be re-enlisted to help U.S. officials understand and negotiate with Arab and Muslim heads of state, who must also negotiate with their people.)

In support of Lefebvre's revolutionary new theory, a survey of Soviet émigrés and Americans was conducted in the 1970s. They were asked questions like, "Should a doctor conceal from a patient that he has cancer in order to diminish his suffering?" Overwhelmingly, the Americans would say no, and overwhelmingly, the Soviets yes. The Soviets accepted the compromise of good with evil; the Americans rejected it.

What does this mean? If Americans begin to accept the use of torture, American society might turn into a society of individuals in conflict.

Not uniformly, thanks to something called free will, but generally, with harmful consequences for society: Imagine two roads, with a stream of cars moving along each one. Each driver wants to reach his destination as quickly as possible; on occasion, drivers will impede each other.

On the first road, drivers rise in their own, and in other drivers', estimation if they yield. Drivers on the second road lose face when they yield. It is clear that traffic will move faster on the first road than on the second.

It can be argued that repressive states like Saudi Arabia, which bred most of the Sept. 11 hijackers, are on the second road. If the United States moved to accept torture, it could veer toward the second road, too -- the road of the Soviet Union.

And we know where that road ends. The Soviet Union no longer exists.

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