The Torturer's Dilemma: Analyzing the Logic of Torture for Information
The Torturer's Dilemma: Analyzing the Logic of Torture for Information
The Torturer's Dilemma: Analyzing the Logic of Torture for Information
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charge <strong>of</strong> paramilitary training at <strong>the</strong> Khalden training camp, training among o<strong>the</strong>rs Zacarias<br />
Moussaoui, <strong>the</strong> so-called 20 th hijacker, as well as Ahmed Ressam, <strong>the</strong> terrorist behind <strong>the</strong> LAX plot in<br />
1999, Richard Reid, <strong>the</strong> “Shoe Bomber,” and Mohammed Atta, <strong>the</strong> ringleader <strong>of</strong> <strong>the</strong> September 11 th<br />
attacks. (Washington Post, 05/01/2002; BBC 16/11/2006) Al-Libi was picked up by <strong>the</strong> Pakistani<br />
security services after September 11 th , and was transferred to US holdings shortly <strong>the</strong>reafter. He was, at<br />
that time, <strong>the</strong> highest pr<strong>of</strong>ile al Qaeda member to be questioned by <strong>the</strong> US. (New York Times,<br />
06/01/2002) As a highly placed member <strong>of</strong> al Qaeda, al-Libi was in a position to reveal a potentially<br />
large amount <strong>of</strong> in<strong>for</strong>mation regarding <strong>the</strong> sorts <strong>of</strong> training that al Qaeda's members were receiving, as<br />
well as in<strong>for</strong>mation on membership in <strong>the</strong> group and <strong>the</strong> location and identity <strong>of</strong> al Qaeda leaders. For<br />
his interrogation, however, he was sent to Egypt – at that time, <strong>the</strong> CIA had yet to receive authorization<br />
<strong>for</strong> its High Value Detainee program, and so to have tortured him <strong>the</strong>n would have been to break <strong>the</strong><br />
law without even <strong>the</strong> fig leaf <strong>of</strong> an OLC memo. (New York Times, 09/12/2005) Be<strong>for</strong>e he was<br />
rendered into Egyptian custody, however, al-Libi had already begun to make references to links<br />
between al Qaeda and Iraq – under torture in Egypt, he fleshed <strong>the</strong>se references out, stating that Iraq<br />
had trained al Qaeda fighters in <strong>the</strong> use <strong>of</strong> “bomb-making, poisons and deadly gasses.” (New York<br />
Times, 08/10/2002)<br />
This intelligence almost immediately became a major talking point <strong>for</strong> <strong>the</strong> administration during<br />
<strong>the</strong> build up to <strong>the</strong> Iraq invasion. It was repeated not only by low-level press <strong>of</strong>ficials, but by <strong>the</strong><br />
President himself during a major speech in Cincinnati on October 7 th 2002 where he made <strong>the</strong> case <strong>for</strong> a<br />
preemptive invasion <strong>of</strong> Iraq. It was also repeated by <strong>the</strong>n Secretary <strong>of</strong> State Colin Powell during his<br />
speech be<strong>for</strong>e <strong>the</strong> United Nations Security Council on February 5th 2003 as part <strong>of</strong> a campaign to gain<br />
international support <strong>for</strong> <strong>the</strong> attack. 108 In every conceivable way, <strong>the</strong> intelligence that came from al-Libi<br />
under Egyptian torture was publicly disseminated by <strong>the</strong> administration, placing on <strong>the</strong> line <strong>the</strong> prestige<br />
and reputation <strong>of</strong> not only <strong>the</strong> US, but also those, like Colin Powell, who had personally vouched <strong>for</strong> its<br />
au<strong>the</strong>nticity. But this intelligence turned out to have been false: shortly after <strong>the</strong> invasion <strong>of</strong> Iraq, al-<br />
Libi recanted his story, leading <strong>the</strong> CIA to withdraw its support from <strong>the</strong> intelligence by March 2004.<br />
(New York Times, 31/07/2004) By relying on <strong>the</strong> tortured words <strong>of</strong> al-Libi, <strong>the</strong> administration had<br />
presented false in<strong>for</strong>mation not only to <strong>the</strong> American public, but also to <strong>the</strong> global community. (New<br />
108 <strong>The</strong> full transcript <strong>of</strong> Powell's speech be<strong>for</strong>e <strong>the</strong> UNSC can be found at <strong>the</strong> following website:<br />
http://www.foxnews.com/story/0,2933,77675,00.html . Powell refers to al-Libi as a “senior Al Qaeda terrorist (…)<br />
responsible <strong>for</strong> one <strong>of</strong> Al Qaeda's training camps in Afghanistan.”<br />
129