Twenty-First-Century Torture

Abstract

Immediately following the September 11, 2001, terrorist attacks, members of the George W. Bush administration signaled that current rules regarding intelligence, detention, and interrogation were too confining. With approval from the Justice Department’s Office of Legal Counsel (OLC), the president declared that the Geneva Conventions’ detention and interrogation guidelines would not apply to Al Qaeda and Taliban detainees. The problem with Geneva, administration lawyers argued, was that it would tie interrogators’ hands. The CIA and the military wanted an explicit legal blessing for their interrogation programs. They got it in the form of a series of memos by the OLC and military lawyers, who defined torture in exceedingly narrow terms. The result was “enhanced interrogation,” which the administration claimed did not amount to torture but was still a sufficiently “tough” program to break hardened terrorists.