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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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state cannot credibly commit to playing according to <strong>the</strong> signal, and is at risk <strong>of</strong> accepting false<br />

in<strong>for</strong>mation from both <strong>the</strong> rare ignorant captive who must lie, and from <strong>the</strong> common knowledgeable<br />

captive who prefers to. In o<strong>the</strong>r words, <strong>the</strong> crucial moment in torture is not <strong>the</strong> one most <strong>of</strong>ten seen in<br />

films and television shows, where <strong>the</strong> captive, after suffering to <strong>the</strong> limit, 'breaks' and <strong>of</strong>fers <strong>the</strong><br />

unvarnished truth – ra<strong>the</strong>r, <strong>the</strong> crucial moment occurs when <strong>the</strong> interrogator believes that <strong>the</strong> captive<br />

has broken. At that moment, <strong>the</strong> state loses its ability to credibly commit to investigating <strong>the</strong> captive's<br />

story – and <strong>the</strong> knowledgeable captive is presented with a perfect opportunity to lie.<br />

<strong>The</strong> prospects <strong>for</strong> successful torture diminish as well when we consider that <strong>the</strong>re is very likely<br />

to be an agent-principle dilemma between <strong>the</strong> state and its interrogators: if interrogators are rewarded<br />

by <strong>the</strong> amount <strong>of</strong> in<strong>for</strong>mation <strong>the</strong>y bring in, and not <strong>the</strong> quality <strong>of</strong> that in<strong>for</strong>mation, <strong>the</strong>n we can expect<br />

even conscientious torturers to eventually cease investigating (and throwing away good in<strong>for</strong>mation) or<br />

be weeded out <strong>of</strong> <strong>the</strong> system as cynical torturers proliferate. Fur<strong>the</strong>rmore, if knowledgeable captives<br />

are able to coordinate a false story in case <strong>of</strong> capture, <strong>the</strong>n each subsequent knowledgeable captive will<br />

find it easier and easier to feed misin<strong>for</strong>mation to an increasingly credible state. 31 This incentive<br />

structure derives precisely from <strong>the</strong> difficulty in judging empirically <strong>the</strong> in<strong>for</strong>mation given under<br />

torture, and provides us with ano<strong>the</strong>r way to judge <strong>the</strong> utility <strong>of</strong> a torture regime. Where torturers are<br />

rewarded <strong>for</strong> quantity over quality, this is an indication that <strong>the</strong> state is not in a position to distinguish<br />

between good and bad in<strong>for</strong>mation; where this is <strong>the</strong> case, not only does <strong>the</strong> torturer have <strong>the</strong> incentive<br />

to cheat, so too does <strong>the</strong> knowledgeable captive.<br />

If we extrapolate from an individual instance <strong>of</strong> torture to a campaign, where each previous<br />

round <strong>of</strong> torture affects <strong>the</strong> following one, <strong>the</strong>n we find a fur<strong>the</strong>r complication. If <strong>the</strong> prior round <strong>of</strong><br />

torture has resulted in <strong>the</strong> state gaining useful in<strong>for</strong>mation, <strong>the</strong>n we can assume that <strong>the</strong> state is in a<br />

better position to investigate in <strong>the</strong> next round, while previous misin<strong>for</strong>mation would negatively affect<br />

<strong>the</strong> state's investigative ability (as its priors become far<strong>the</strong>r removed from reality, o<strong>the</strong>r <strong>for</strong>ms <strong>of</strong><br />

misin<strong>for</strong>mation should appear more plausible, and true in<strong>for</strong>mation that does not fit <strong>the</strong> (false) priors<br />

should appear less trustworthy. Thus, we would expect two evolutionary equilibria in <strong>the</strong> long term: a<br />

31 <strong>The</strong>re are in fact examples <strong>of</strong> exactly this phenomenon. Commander James Stockdale instructed his fellow PoWs during<br />

<strong>the</strong> Viet Nam War, to “resist to <strong>the</strong> point <strong>of</strong> permanent injury or loss <strong>of</strong> mental faculty, and <strong>the</strong>n fall back on deceit and<br />

distortion.” (Arrigo, p. 12) This strategy was successful enough that, according to him, only 5% <strong>of</strong> his men ended up<br />

cooperating with <strong>the</strong> enemy. (p. 7) Similarly, Rejali argues that members <strong>of</strong> <strong>the</strong> FLN, when tortured by <strong>the</strong> French in<br />

Algeria, were instructed to name members <strong>of</strong> <strong>the</strong> moderate opposition (<strong>the</strong> MNA) as <strong>the</strong>ir confederates – leading <strong>the</strong><br />

French to help eliminate <strong>the</strong> FLN's main rival in <strong>the</strong> Nationalist movement. (pp. 481-2)<br />

30

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