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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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incentive not to present as favorable a picture as possible. Direct experimentation is likewise<br />

impossible <strong>for</strong> ethical considerations. Consequently, evaluating <strong>the</strong> logic <strong>of</strong> this model <strong>of</strong> in<strong>for</strong>mative<br />

torture must be done through <strong>the</strong> comparative method. <strong>The</strong> cases that I examine in this dissertation are<br />

<strong>the</strong>re<strong>for</strong>e chosen with an eye towards holding constant several important parameters, while allowing<br />

what I argue to be <strong>the</strong> crucial ones to vary, and <strong>the</strong>n noting <strong>the</strong> results <strong>of</strong> <strong>the</strong> use <strong>of</strong> 'in<strong>for</strong>mative' torture<br />

in each. In each case, torture is used by <strong>the</strong> authorities in good faith: that is, <strong>the</strong>y intend <strong>the</strong> use <strong>of</strong><br />

torture in order to gain valuable in<strong>for</strong>mation <strong>of</strong> prime importance. <strong>The</strong> uses <strong>of</strong> torture <strong>for</strong> o<strong>the</strong>r<br />

reasons, such as public intimidation, punishment, or political purgation are <strong>the</strong>re<strong>for</strong>e not considered. 32<br />

In addition, <strong>the</strong> in<strong>for</strong>mation sought was not immediately verifiable on its face: as <strong>the</strong> model suggests,<br />

when <strong>the</strong>re is no in<strong>for</strong>mation asymmetry between <strong>the</strong> captive and <strong>the</strong> torturer (e.g., a thief tortures a<br />

man in his home until he reveals <strong>the</strong> combination <strong>of</strong> his bedroom safe), <strong>the</strong> success <strong>of</strong> failure <strong>of</strong> torture<br />

becomes completely dependent on how much pain <strong>the</strong> torturer can inflict, and how much <strong>the</strong> captive<br />

can withstand. This is not to say that verifying <strong>the</strong> in<strong>for</strong>mation is impossible in <strong>the</strong>se cases – only that<br />

verification is costly and noisy.<br />

<strong>The</strong> cases vary according to three major <strong>the</strong>oretical criteria. Firstly, <strong>the</strong> cases vary according to<br />

<strong>the</strong> presence or absence <strong>of</strong> an actual conspiracy. This condition is important, since <strong>the</strong> potential <strong>for</strong> a<br />

deceptive cycle to occur should be much greater when <strong>the</strong> state's prior beliefs are incorrect from <strong>the</strong><br />

beginning. Cases where <strong>the</strong> authorities used torture to root out a real conspiracy include <strong>the</strong> United<br />

States in its battle against <strong>the</strong> Iraqi insurgency, as well as against al Qa'ida, and <strong>the</strong> French ef<strong>for</strong>t in<br />

Algeria to destroy <strong>the</strong> nationalist FLN, while <strong>the</strong> FLN's attempt to root out an actual treasonous<br />

conspiracy was mistakenly directed against those militants who were not actually in league with <strong>the</strong><br />

French. During <strong>the</strong> witch-trials, as with <strong>the</strong> FLN, <strong>the</strong> attempt to root out a conspiracy was directed<br />

mistakenly against fundamentally innocent individuals: in Salem, however, <strong>the</strong>re was no conspiracy to<br />

begin with.<br />

Secondly, <strong>the</strong> cases vary according to <strong>the</strong> state's in<strong>for</strong>mation environment – <strong>the</strong> ability to verify<br />

in<strong>for</strong>mation obtained through torture. <strong>The</strong> French, with <strong>the</strong> imposition <strong>of</strong> <strong>the</strong> quadrillage system and<br />

<strong>the</strong> creation <strong>of</strong> a massive in<strong>for</strong>mation (and in<strong>for</strong>mant) network, maintained <strong>the</strong> strongest capabilities in<br />

32 Examples <strong>of</strong> <strong>the</strong>se include <strong>the</strong> use <strong>of</strong> torture on slaves in <strong>the</strong> American South, judicial torture <strong>for</strong> confession alone, and<br />

<strong>the</strong> Soviet show trials under Stalin. In such cases <strong>the</strong> <strong>the</strong>ater <strong>of</strong> torture as a means <strong>of</strong> legitimating authority takes<br />

precedence over generating in<strong>for</strong>mation to be acted on, and consequently <strong>the</strong> state faces very different incentives than<br />

<strong>for</strong> in<strong>for</strong>mative torture.<br />

32

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