Alan Dershowitz Defends Torture…”in Extraordinary Circumstances”

In a previous post, I linked to a series of articles published by the Washington Monthly, the contributors to which all were firm in their belief that torture is never justified. I mentioned in class the other day that one of the tenets of my teaching philosophy is to create a strict wall of separation between my own political beliefs and the substance and content of my teaching. Torture is the one area where I make an exception as I believe that this is not a partisan issue (a claim that is supported by the partisan views of the contributors to the Washington Monthly special report on torture–Republican, Democrats, and Independents all contributed to the report) and that torture is morally wrong and the United States government should never use it as official public policy.

In order to provide some balance to the debate, however, please find below an interview of Alan Dershowitz, who–by his own admission–supports torture only in “exceptional circumstances”, by veteran British journalist David Frost. Dershowitz, a professor at Harvard Law School, is the most erudite of those who support torture. Most of the comments of those who support the use of torture by the US government aren’t nearly as thoughtful as Dershowitz. Here are some examples from Michael Goldfarb of the Weekly Standard:

Andrew Sullivan is yet again calling the president a “war criminal.” This time in response to today’s New York Times article revealing that the Bush administration has subjected terror suspects captured abroad to ‘severe’ and ‘brutal’ interrogations.

Sullivan has a history of trotting out the charge of “war criminal,” sticking the label on George Tenet, Donald Rumsfeld, Pentagon counsel Jim Haynes, and Berkeley law prof John Yoo.

And for what? The Times indicts the Bush administration for exposing terrorists captured abroad to “head-slapping, simulated drowning and frigid temperatures.” Boo hoo. And why does the Times consider this such a dangerous policy? The reporters end the story with this quote, from former Navy lawyer John Hutson, which they must believe to be compelling:

“The problem is, once you’ve got a legal opinion that says such a technique is O.K., what happens when one of our people is captured and they do it to him? How do we protest then?” he asked.

As Jules Crittenden notes in response:

[The] article neglects to mention we are fighting an enemy that considers powerdrills into kneecaps and videotaped beheading of captives business as usual. That in fact, we have yet to face an enemy in the modern era that observes anything approaching the standards we do. Germany, Japan, North Korea, North Vietnam, Iran, Iraq. Disorientation, isolation, beatings, starvation, summary executions, torture … of the bone-breaking, organ-smashing, electrocuting, bloody-drawing variety.

That is, real torture. And it trivializes the seriousness of it to apply the word to “head-slapping, simulated drowning and frigid temperatures.” It also trivializes the seriousness of real war crimes for someone to throw around the charge so promiscuously. A quick search of Sullivan’s blog for “war criminal” turns up 34 hits, all of them referring to members of the Bush administration. No doubt hit number 35 will be Andrew’s attack on the war criminals of the Worldwide Standard.

Here is another example from Goldfarb:

I haven’t really been following this issue, mostly because I’m pretty sure that whatever the government is doing to these terrorists wouldn’t “shock my conscience.” Like my man Scalia says, sometimes you’re going to have to take these terrorists and “smack them in the face.” But, some folks are more easily shocked than I am, and they are in full moral outrage mode this morning with the release of a 2003 memo by John Yoo (now a professor at Berkeley!) approving “harsh interrogation techniques.” Oh, the humanity!

Unfortunately, in a sad twist of fate, Andrew Sullivan has taken the week off, and so there will be no calls for a new Nuremberg trial featuring the prosecution of George Bush, Dick Cheney, Donald Rumsfeld, and everyone else Andrew doesn’t agree with. But if you need your fix of self-righteous lefty demagoguery, Glenn Greenwald is a pretty good substitute with his post on “John Yoo’s War Crimes.”

Failed States and the Threat of Terrorism

In both intro to IR and intro to comparative, we’ve read about failed states and their impact not only on those living in them but those living even thousands of miles away. Rotberg, Krasner, and Sadowski, have all written about the potential dangers of states that do not have complete sovereignty over their territory. In another example of the potential threat posed by failing states, the Associated Press reports on a US attack on extremists in Somalia:

WASHINGTON – The U.S. launched a military airstrike in Somalia to go after a group of terrorist suspects, defense officials said Monday.

“It was a deliberate, precise strike against a known terrorist and his associates,” one U.S. military official said, speaking on condition of anonymity because he was not authorized to comment on the record.

He gave few other details, except to say the targets were believed staying in building known to be used regularly by terrorist suspects.

In the strike early Monday, Somali police said three missiles hit a Somali town held by Islamic extremists, destroying a home and seriously injuring eight people.

The strike follows one last year in which the U.S. shelled suspected al-QaidaU.S. Navy ship off the shore of the lawless East African nation. targets in Somalia, using gunfire from a

Leaderless Jihad–the Transformation of Al Qaeda

In PLSC250, we have discussed both Samuel Huntington’s prediction of the nature of the new world order (as outlined in his “Clash of Civlizations” thesis) and Yahya Sadowski’s response (“Political Islam: Asking the Wrong Questions”). David Ignatius has written an op-ed piece in the Washington Post today, which amounts to a book review of former CIA officer Marc Sagerman’s new book, “Leaderless Jihad.” Find some excerpts posted below. How does Sagerman’s view fit with the views expressed by Sadowski in his article?

Sageman has a résumé that would suit a postmodern John le Carré. He was a case officer running spies in Pakistan and then became a forensic psychiatrist. What distinguishes his new book, “Leaderless Jihad,” is that it peels away the emotional, reflexive responses to terrorism that have grown up since Sept. 11, 2001, and looks instead at scientific data Sageman has collected on more than 500 Islamic terrorists — to understand who they are, why they attack and how to stop them.

The heart of Sageman’s message is that we have been scaring ourselves into exaggerating the terrorism threat — and then by our unwise actions in Iraq John McCain, that, as McCain’s Web site puts it, the United States is facing “a dangerous, relentless enemy in the War against Islamic Extremists” spawned by al-Qaeda. making the problem worse. He attacks head-on the central thesis of the Bush administration, echoed increasingly by Republican presidential candidate

The numbers say otherwise, Sageman insists. The first wave of al-Qaeda leaders, who joined Osama bin Laden in the 1980s, is down to a few dozen people on the run in the tribal areas of northwest Pakistan. The second wave of terrorists, who trained in al-Qaeda’s camps in Afghanistan during the 1990s, has also been devastated, with about 100 hiding out on the Pakistani frontier. These people are genuinely dangerous, says Sageman, and they must be captured or killed. But they do not pose an existential threat to America, much less a “clash of civilizations.”

It’s the third wave of terrorism that is growing, but what is it? By Sageman’s account, it’s a leaderless hodgepodge of thousands of what he calls “terrorist wannabes.” Unlike the first two waves, whose members were well educated and intensely religious, the new jihadists are a weird species of the Internet culture. Outraged by video images of Americans killing Muslims in Iraq, they gather in password-protected chat rooms and dare each other to take action. Like young people across time and religious boundaries, they are bored and looking for thrills.

“It’s more about hero worship than about religion,” Sageman said in a presentation of his research last week at the New America Foundation, a liberal think tank here. Many of this third wave don’t speak Arabic or read the Koran. Very few (13 percent of Sageman’s sample) have attended radical madrassas.