Red Dawn
Senior Member
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US Army Counter Insurgency Field Manual:
Abuse of detained persons is immoral, illegal, and unprofessional.
Those who engage in cruel or inhuman treatment of prisoners betray the standards of the profession of arms and U.S. laws. They are subject to punishment under the Uniform Code of Military Justice. The Geneva Conventions, as well as the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, agree on unacceptable interrogating techniques.
Torture and cruel, inhuman, and degrading treatment is never a morally permissible option, even if lives depend on gaining information.
No exceptional circumstances permit the use of torture and other cruel, inhuman, or degrading treatment. Only personnel trained and certified to interrogate can conduct interrogations. They use legal, approved methods of convincing enemy prisoners of war and detainees to give their cooperation. Interrogation sources are detainees, including enemy prisoners of war
7-44. To the extent that the work of interrogators is indispensable to fulfilling the state's obligation to secure its citizens' lives and liberties, conducting interrogations is a moral obligation. The methods used, however, must reflect the Nation's commitment to human dignity and international humanitarian law. A commander's need for information remains valid and can be met while observing relevant regulations and ethical standards. Acting morally does not necessarily mean that leaders give up obtaining critical information. Acting morally does mean that leaders must relinquish certain methods of obtaining information, even if that decision requires Soldiers and Marines to take greater risk.
Lose Moral Legitimacy, Lose the War
During the Algerian war of independence between 1954 and 1962, French leaders decided to permit torture against suspected insurgents. Though they were aware that it was against the law and morality of war, they argued that-
This was a new form of war and these rules did not apply.
The threat the enemy represented, communism, was a great evil that justified extraordinary means.
The application of torture against insurgents was measured and nongratuitous.
This official condoning of torture on the part of French Army leadership had several negative consequences. It empowered the moral legitimacy of the opposition, undermined the French moral legitimacy, and caused internal fragmentation among serving officers that led to an unsuccessful coup attempt in 1962. In the end, failure to comply with moral and legal restrictions against torture severely undermined French efforts and contributed to their loss despite several significant military victories. Illegal and immoral activities made the counterinsurgents extremely vulnerable to enemy propaganda inside Algeria among the Muslim population, as well as in the United Nations and the French media. These actions also degraded the ethical climate throughout the French Army. France eventually recognized Algerian independence in July 1963.
US Army Counter Insurgency Manual, Chapter 7, Sections 7-42 to 7-44