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An Officer's Obligation -- Say No to Torture

Posted: 04/28/09 06:40 PM ET

"Once an Army is involved in war, there is a beast in every fighting man which begins tugging at its chains... A good officer must learn early on how to keep the beast under control both in his men and in himself."

-- General George C. Marshall

As a former active duty military officer, it is troubling to me that other military officers followed unlawful orders to torture or abuse prisoners. Military officers have a sacred responsibility that is embedded in their oath of office: "I will support and defend the Constitution of the United States against all enemies, foreign or domestic, that I will bear true faith and allegiance to the same..."

The Constitution specifically prohibits cruelty to any person in the Eighth Amendment ("Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted"). Those officers who ordered, authorized, or were complicit in the torture and abuse of prisoners violated their oath of office. The United States has a rich history of military ethics dating back to General George Washington during the Revolutionary War. According to General Washington, "Should any American soldier be so base and infamous as to injure any prisoner...by such conduct they bring shame, disgrace and ruin to themselves and their country." He said this in 1775, during a time when the birth of our nation hung in the balance.

It is the role of military officers, as first line supervisors, to ensure that we live up to our American principles in the conduct of every tactic we use in war. If an infantry platoon is ordered to take a hill and fails to do so because of enemy resistance, an order is not given to break out flame throwers and mustard gas in violation of the Law of Armed Conflict. Instead, we leverage our American ingenuity within the rules, we use our intellect, and we preserve through our courage to fight in accordance with our principles.

As I led an interrogations team in Iraq chasing the notorious former leader of Al Qaida, Abu Musab Al Zarqawi, we encountered detainees who did not provide us valuable intelligence information. We used those men as opportunities to refine our approaches and to improve our interrogation skills within the rules. It was those improved skills that we later used to break the terrorists within Zarqawi's network who, ultimately, sold him out.

We are Americans and we are smart enough to win the battle of wits in the interrogation room. We cannot afford to doubt our abilities. We should focus on improving our methods within the legal framework of Geneva Conventions and the U.S. Constitution. And military officers have a heightened responsibility to effect change and to lead our interrogator corps to its full potential. We are smart enough.


Matthew Alexander spent fourteen years in the U.S. Air Force and Air Force Reserves. An "investigator turned interrogator", he deployed to Iraq in 2006, where he led the interrogations team that located Abu Musab al Zarqawi, the former leader of Al Qaida in Iraq, who was killed by Coalition Forces. Alexander was awarded the Bronze Star for his achievements. He is the author of How to Break a Terrorist: The U.S. Interrogators Who Used Brains, Not Brutality, to Take Down the Deadliest Man in Iraq.

 

Follow Matthew Alexander on Twitter: www.twitter.com/alexanderbooks

 
 
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HUFFPOST SUPER USER
ProgressiveVoice
09:33 PM on 04/29/2009
The military take oaths to defend the Constitution, the Vice President and the President take oaths to defend the Constitution. Clearly, the Pres and VP violated the oath they took, it wouldn't be surprising to hear that some of the military did as well.

The most culpable parties are the President and Vice President. They swore to all Americans, before god, to defend the Constitution. Instead, they behaved as if the US government's responsibility to abide by the Constitution ended at US borders. They are reported to have planned to suspend various parts of the Bill of Rights. To not have impeached them is the most egregious miscarriage of justice in US history. They broke the law, they broke their oath to the American people and, apparently, they will never pay for their crimes.
ProudNeoCon
helping people does not require government
09:49 PM on 04/29/2009
They also reported to be aliens... come on give me a break...
HUFFPOST SUPER USER
ProgressiveVoice
10:15 PM on 04/29/2009
Memos released at the same time as the torture memos indicate that opinions were alos written advising the President how to get around the 1st Amendment. 3 other amendments among those that make up the Bill of Rights were also looked at but I don't recall which ones - the 5th? 8th?

Search on HuffPost. That's where I saw it. It's just been buried by the debate on torture. Which is why, in my opinion, torture has become the topic de jur; to distract people from arguing over suspension of the Bill of Rights or parts thereof. MUCH harder to find people who would be in support of losing the BoR.
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HUFFPOST SUPER USER
Hawaii5-0
01:45 PM on 04/29/2009
Bush and Cheney took the same oath to uphold the Constitution. This message should be directed at them as a reminder. At one time, we had a POTUS who said, "the buck stops here." Right now, I don't think anyone could find Bush to give him the buck for the policy of torture and the MS is giving Cheney lots of face time to justify his torture policy.

There should not even be a debate of whether or not it IS torture. We tried others for the same crime. It should just be who gets to prosecute this War Crime.
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HUFFPOST COMMUNITY MODERATOR
Emerald1943
12:50 PM on 04/29/2009
I seem to be having an on-going argument with another poster here who thinks that the ends justify the means, while he protests any accusation that he is pro-torture.

OK! The bottom line is this:

TORTURE IS ILLEGAL!
TORTURE IS MORALLY REPREHENSIBLE!
TORTURE IS A BREACH OF OUR INTERNATIONAL TREATIES!
TORTURE IS PROHIBITED BY THE US CONSTITUTION!

End of discussion! Have a great day, y'all!
ProudNeoCon
helping people does not require government
01:00 PM on 04/29/2009
1) would you torture if your child's life was at stake?
2)define torture
01:30 PM on 04/29/2009
Are you saying that you could 100% guarantee that the child would die if torture is not administered and 100% guarantee the child would NOT DIE if torture IS administered? Sounds like the "ticking time bomb" scenario that everyone loves to hold out as justification even though every credible expert has said that torture DOES NOT WORK - there is NO 100% guarantee. Closer to 0% than 100%.

We don't have to define torture. It is already defined by the Geneva Conventions, UN agreements, and the US Constitution. Just go take a look at who the US has tried for war crimes and what they were accused of.
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HUFFPOST SUPER USER
Hawaii5-0
01:52 PM on 04/29/2009
Throw away the ethics and moral reputation of a whole country to save the life of one child? That sounds like a great bargain. My question to NeoCon would be, "would you let them torture your child to get a confession even if you knew he/she was innocent of a crime?"

Once we open the door to torture, where does it stop? Do we torture child molestors to get a confession? Wife beaters? Drunk drivers? Illegal immigrants? Jay walkers? Who gets to decide where torture is applied?

There is a reason torture is outlawed in the Constitution, but that seems beyond NeoCon's comprehension.
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Berettasskeeter
For what we are about to receive, may we be truly
03:49 PM on 04/29/2009
When it comes to the life of another American, I'll do whatever is necessary. That you will not shows what kind of person you are!
Semper fi
11:36 AM on 04/29/2009
In addition, the oath I took when I enlisted said that I would obey "all LAWFUL orders of my superiors." In my training we were taught exactly what that meant and taught how to legally refuse an order, as well as what the consequences and procedures would be thereafter.

Did that part of the oath and that additional training get lost somewhere along the way?
11:25 AM on 04/29/2009
Water boarding is peanuts when compared to what they did to me!
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HUFFPOST COMMUNITY MODERATOR
Emerald1943
11:46 AM on 04/29/2009
Would you mind elaborating? I would love to hear your story! I'm sure others would too.
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02:28 PM on 04/29/2009
Indrakaran's comments are very interesting, and won't take you very long to go through. Good luck to indrakaran.
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11:16 AM on 04/29/2009
Dear sir,
An "OK to Torture-memo" from a finger sandwich eating D.C. lawyer is unworthy of it's recipients. It's like taking a used toilet paper to the latrine... and the sandwich eater says,
"Here soldier use this instead."

But ... now, after the fact, do we really want to dig it up to see who all used it. Any torture is bad, but rolling out a legal CSI team in rubber gloves to look for guilt? No?
We need a high ranking guy to step up and take it, to aggregate the blame, take the bullet for the good men and women they ordered to wipe.
I like Washington's quote here, but the next step is for someone to take all blame, something he knew well. They would of course, lose their pension, career and do the time and end up as a think-tank consultant. Step up and like any soldier does to make the sacrifice of service to end the war on this little war on torture. A little redemption goes a long way and a pardon would come only eight years away.
Who is man or woman enough to take the heat?
I hope, for George Washington sake, there is one. Becuase if this is not the case, George Washington will have failed as a leader of men, or rather, this generation of his devotees has failed him.

DenverJJ
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HUFFPOST COMMUNITY MODERATOR
Emerald1943
12:05 PM on 04/29/2009
I vote for Cheney to step up! But wait....he never really had the guts to fight for his country, having received a number of convenient deferments to avoid actually having to do so. I'm sure he would rather remain in his "undisclosed location" to continue to tear down the President with his snide remarks.
10:48 AM on 04/29/2009
I think we all lose sight of the most important part of humanity. Individual responsibility. Every mentally healthy individual has an innate sense of right and wrong. When you subvert that through membership in any group that requires blind loyalty such as military service or organized religion you risk losing that very personal safeguard.

There is no justification for cruelty.
10:26 AM on 04/29/2009
...Which is why we need prosecution from top to bottom, not just the legal team that advised Bushies that it was okay. Everyone from the ex-Commander in Thief, down to the thugs who performed the beatings should be brought to Justice!
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Berettasskeeter
For what we are about to receive, may we be truly
11:38 AM on 04/29/2009
If lawyers will be prosecuted for giving legal advice to an administration that you consider immoral and illegal, do you concede that this might inhibit lawyers in the future from giving unpopular but sincerely argued advice to the government in any sensitive area? They will, after all, know that if the next administration disapproves of their work, they will be vilified by the media and prosecuted by the government.
Semper fi
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HUFFPOST COMMUNITY MODERATOR
Emerald1943
11:54 AM on 04/29/2009
I would respectfully disagree with you. It is unbelievable to me that any attorney, particularly those in the Department of Justice, would make attempts to bend not only US law, but international law. I do not buy that they, to a man, did not know that torture is considered illegal all over the globe. Where was their professional sense of responsibility to uphold the laws, all of them? Is there any way they would not have known that these practices were a breach of the Geneva Conventions?

If the Bush administration thought that torture was legal, why did they have to have these "opinions" to justify it? Why didn't they just simply implement their plans? But wait a minute...I think that's just what they did, and when faced with dissent from others, instructed their minions in high legal places to justify what they were already doing!
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HUFFPOST SUPER USER
LeftRight
TANSTAAFL
03:17 PM on 04/29/2009
If you commit a murder because a lawyer told you that it was okay and legal, not only would you be charged with murder, that lawyer would have actions taken against him. What's the difference here??
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HUFFPOST COMMUNITY MODERATOR
Emerald1943
10:13 AM on 04/29/2009
Matthew, thank you for your service to our country...and for your excellent post!

Jon Stewart made a great point last night on his show....that once your have captured the enemy, disarmed him and put him into a detainment area, you are obligated to treat him well. If he is wounded, he should receive medical care on a par with what would be given to one of our own. This is the only decent thing to do, as human beings.

We are finding out more and more details of the atrocities committed in our names. I would refer all to the following link that tells of DEATHS of detainees as a result of torture.

http://www.aclu.org/torturefoia/released/021109.html

Unfortunately, the MSM is dropping the ball....again! The American people, unless they do their own research on the Internet, have only seen the tip of the iceberg!
09:55 AM on 04/29/2009
If the goverment deams in a memo from the justice department that water boarding is not touture then what exactly do you want the military to do. Start making their own judgment on what the law is. GET A CLUE!!!
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HUFFPOST COMMUNITY MODERATOR
WRPrintz
Your Micro-bio is empty.
10:12 AM on 04/29/2009
The Military has a field manual that covers such things, and it was clearly beyond the bounds.

We did not accept the German, Japanese or Iraqi troops that said "we were just following orders" and have video of W. saying exactly that.

The behavior was clearly out of bounds, and if they were unsure, they could request either "To be transfered" or a Courts Martial.

Do I have sympathy for Lindy England, who may have had a below average IQ, and may have been ordered to do what she did. Yes. However, I still believe her punishment is just.
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HUFFPOST COMMUNITY MODERATOR
Emerald1943
11:40 AM on 04/29/2009
As we learn of the "orders from the top", we have to look back at the convictions of England and Grainger. While they may have been ordered to commit crimes, they also had the moral obligation to refuse those orders. I do think that what convicted them was the apparent glee with which they carried them out.

But to let those up the chain of command off the hook is a travesty. We must continue to keep pressure on the Attorney General to prosecute war crimes, no matter how far up the chain the culpability goes!
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HUFFPOST SUPER USER
Carl Caroli
I just don't understand people
09:23 AM on 04/29/2009
We need many, many more like you to speak out. Grunts follow orders out of self preservation, but officers have a responsibility and obligation to the American people, the constitution and the rule of law.
09:05 AM on 04/29/2009
God Almighty there are haters out there and then there are the simpletons. I disagree with the assessment given by Mr Alexander and to state that he is wrong on the use of incendinary weapons against a military objective. There is no law prohibiting the use of flamethrowers against a military target. Poison gas has been outlawed, but that doesnt stop our enemies in Iraq from utilizing them. I do take issue with him on the point of enemy combatants as the Red Cross clearly states that enemy combatants must wear the uniform in order to be identified as such AND if they are captured can be detained as spies for sabotage in which the penalty can be death.
09:47 AM on 04/29/2009
The Red Cross as an organization monitors the treatment of prisoners and serves as a neutral agency for transmitting humanitarian aid and information. It has no role in determining international law. That was set in the signing of the Geneva Conventions. Although guerillas are not accorded the protection of prisoners of war, torture is not permitted against any category of people. Furthermore, even the execution of spies has required conviction by a court, granted sometimes with minimal formality, but still the accused have a right to confront the evidence against them. The constitution also bars "cruel and unusual punishment". A major factor in Bush//Cheney policy was finding ways to avoid judicial oversight. That in itself should have clued people in that the administration was planning things that could not be justified.
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HUFFPOST COMMUNITY MODERATOR
Emerald1943
11:41 AM on 04/29/2009
Excellent comment! "Fanned"!
HUFFPOST SUPER USER
Leakman
08:36 AM on 04/29/2009
A few good men are still out there. Command from the squad up should adhere to ethical and moral rules of war, in the aftermath of conflict. I was privilidged to serve with a Gurkha platoon; who fought like demons while achieving an objective but treated their prisoners as honored guests after. No torture, food, conversation, medical aid, and a mutual respect.
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Berettasskeeter
For what we are about to receive, may we be truly
08:03 AM on 04/29/2009
The few abuses of prisoners have been addressed, though perhaps not yet adequately enough. However, if you led interrogators you know that the techniques taught to U.S. interrogators have never been considered torture and leave no lasting injury. That is one of the reasons why medical personnel are always present at any interrogation going beyond Direct Questioning. By your article, I see that you, yourself, were never an interrogator, though you perhaps did lead a team. As a Marine IT, I worked under a few officers who were not interrogators, and they too rarely understood the principles!
Semper fi
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HUFFPOST SUPER USER
LeftRight
TANSTAAFL
08:13 AM on 04/29/2009
Since the very techniques that are being questioned have been considered torture for CENTURIES and we have put people to DEATH for carrying them out before, I would say that, yeah, they are torture.

In addition to that I would like to point out something that you don't seem to understand. In order for torture to "work" as an interrogation technique it would have to produce a LARGE percentage of reliable, actionable intelligence. It fails in this, more often than not producing either purposefully false intelligence, or complete BUNK that a person will state just to make the torture end. On the other hand, torture DOES succeed amazingly well at its actual purpose, which is to generate false confessions!
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Berettasskeeter
For what we are about to receive, may we be truly
08:32 AM on 04/29/2009
Which techniques do you speak of? Would it be not allowing comfortable surroundings? How about using trickery, leading prisoners to believe that another has betrayed them to get that one to talk?
Interrogation is an art and a science. Good interrogation is done for tactical and for strategic reasons. Tactical interrogation is done to gain immediate information that impinges directly on a unit's immediate mission. Strategic interrogation takes weeks, months, even years, given the depth of knowledge of a prisoner. The interrogator takes nothing for granted, assuming automatically that the prisoner is lying. Questioning is done over and over to expose the information and to reveal the truth. Various methods may be tried to ensure that the information is true.
Real interrogators learn, in training, that Direct Questioning works in 95% of all cases. The remaining 5% require various techniques because they have better training at resistance, or because they are committed to their cause. The terrorists we are fighting are committed to their cause and to their brutal religion. Many will still respond to the milder techniques, but others will not. No interrogators are trained in any torture techniques.
Semper fi
08:33 AM on 04/29/2009
If it is NOT torture, and the person cannot be harmed why the hell do they need MEDICAL PERSONNEL there????
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Berettasskeeter
For what we are about to receive, may we be truly
09:14 AM on 04/29/2009
For the same reason a corpsman or medic serves within all combat arms units. Also, because most prisoners, at least initially, are either injured or malnurished and may need medical assistance, which the US provides by law and by tradition.
Semper fi
07:47 AM on 04/29/2009
Thanks for this enlightening post. And thanks for restoring my faith in the military that some of you fine folks GET IT! The amount of backpedalling from military personnel now feeling the necessary shame of their actions is astounding, so I'm grateful that one of their own isn't giving them a pass on their behavior.