Torture? No way, we do that stuff to Americans...

NPR had a worthwhile segment today over the recently released "torture memos." These memos laid the legal framework for the Bush administration's policy of permitting so-called "enhanced interrogation." One memo in particular made interesting assertions. The memo in question, written by former assistant attorney general, current federal judge Jay Bybee, states that enhanced interrogation techniques such as water boarding, sleep deprivation, slapping, and stress positions can not be labeled as torture because they do not cause prolonged psychological harm.

Bybee backs up his claim by pointing out that over 26,000 U.S. servicemen and women have been subjected to the exact same interrogation techniques at the U.S. Army SERE (Survival, Evasion, Resistance, Evade) school. One of the purposes of SERE school is to help members of the military learn to resist enemy interrogation should they be captured. Bybee believes that because these service members have not shown signs of prolonged psychological harm, detainees who are subjected to the same interrogation methods must not suffer from long-term ill effects either.

The flaw in Bybee's logic, as the NPR piece points out, is that attendees of SERE school ultimately have control over their situation in that if the interrogations becomes too much for them to handle, they can quit. Detainees have no such luxury. And it is a stressful situation coupled with a lack of feelings of control which typically lead to prolonged psychological harm. The two interrogation scenarios are thus not as comparable as Bybee thinks.

It will be interesting to see what if anything results from the Bush administration's attempt to codify and legalize torture. Already President Obama has specifically not ruled out prosecution of those former officials who had hand in promoting the use of torture, saying that the decision to prosecute rests with the Attorney General.

Other countries are even considering the prosecution of Bush administration officials for crimes against humanity. Baltasar Garzon, a Spanish judge famous for his investigations and attempts to prosecute those responsible for crimes against humanity in Spain, Chile, and Argentina, has expressed interest in trying six Bush administration officials for their work in creating a legal system which permitted torture in violation of international law. Will we see Americans on trial someday for crimes against humanity? Do we want to see Americans on trial in an international court? Good questions. Not sure of the answers yet.