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On November 15, 2007, FSI held its third annual international conference, Power and Prosperity: New Dynamics, New Dilemmas, examining seismic shifts in power, wealth, security, and risk in the global system. Acting FSI Director Michael A. McFaul, former Secretary of State Warren Christopher, and former Secretary of Defense William J. Perry offered stagesetting remarks before a capacity crowd of business and civic leaders, diplomats, policymakers, faculty, and students. Interactive panel sessions encouraged exploration of contemporary issues with Stanford faculty and outside experts.

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“For more than two centuries , a debate has raged in our country over whether the Congress or the president has the power to start, conduct, and terminate a war,” stated former Secretary of State Warren Christopher. The issue has been made urgent by what is called the “War on Terror,” regarded by many as almost unlimited in duration and geographic scope. “One frontier issue is whether the commander-in-chief authority gives the president the power to override the Constitution,” he said, specifically “whether or not the president can authorize torture that may offend the Constitution, wiretap American citizens, and suspend habeas corpus.”

Christopher and former Secretary of State Jim Baker are heading a new National War Powers Commission to study and resolve these issues. Planning to do something of a prospective nature, they will focus their recommendations on the 2009 Congress, seeking to bring to bear the collective judgment of both the president and a Congress traditionally reluctant to exercise the power it has under the Constitution.

“I spent most of my adult life under the dark cloud of a nuclear holocaust, a war that threatened no less than the annihilation of humanity,” said former Secretary of Defense William Perry. Now the Cold War is over, but its end did not bring about the end of history. “History is being written every day in the streets of Bagdad, in the deserts of Darfur, in the nuclear test range of North Korea, and in the nuclear laboratories of Iran.”

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Perry identified four potential security threats: the danger of a nuclear terrorist attack, drifting into a new Cold War, drifting into an environmental disaster, and the danger that radical fundamentalists will gain ascendancy in the Islamic world. “There is a fundamental conflict between our need to keep nuclear bombs out of the hands of terrorists and our need to reduce carbon emissions,” he stated, for the global movement to increase nuclear power could increase terrorists’ ability to get fissile materials. “The solution must lie,” he advised, “in establishing international protocols for how nuclear plants are operated and nuclear fuel supplies are controlled.”

A complementary route is to work to reduce and then eliminate nuclear weapons. Getting to the political will to take those steps was a major objective of a January 4, 2007, Wall Street Journal op-ed, “A World Free of Nuclear Weapons,” published by Perry, George Shultz, Henry Kissinger, and Sam Nunn, and conferences at Stanford. “This conference can teach us what to do,” Perry said, “what is needed is the political will to do it.”

Gi-Wook Shin, director of FSI’s Walter H. Shorenstein Asia-Pacific Research Center, chaired Plenary I, “Asia’s Triple Rise: How China, India, and Japan Will Shape our Future.” “While our policymakers are preoccupied with the Middle East, Asia is going to have much more impact on our future,” Shin said. Asia is experiencing a unique moment in Asian and world history. Can three great nations rise simultaneously, creating a regional architecture for stability and security? What role can the United States play?

“There are two defining characteristics of today’s world,” said J. Stapleton Roy, former U.S. ambassador to China, “America’s role as the sole superpower and China’s precipitous rise to power and influence.” Roy traced China’s resource demands, military development, and global economic impact and evaluated China’s influence on U.S. foreign policy. “While we see a more powerful and prosperous China as a security threat,” he stated, “the case could be made for a more optimistic scenario in which growth creates a sizable middle class, greater global dependence, and a more open society as the fifth generation of Chinese leaders takes over, the first to mature in a period of openness to the world and the power of modern democracies.”

“The only democracy in the world with which the United States had endemically bad relations during the Cold War was India. Happily that has changed,” said Robert Blackwill, former U.S. ambassador to India. He addressed our many areas of common interest: the fight against global terrorism, energy security, a healthy global economy, and shared democratic values. Analyzing the pending civil nuclear cooperation deal, he placed India’s need for 15–20 new nuclear reactors in the context of domestic growth. Some 450 million people make less than $1.50 per day; India will not tolerate outside direction to slow growth. “The United States and India are natural allies,” he concluded.

“The India entering its seventh decade as an independent country is one that is open to the contention of ideas and interests within it and outside … wedded to the democratic pluralism that is its greatest strength and determined to fulfill the creative energies of its people. Such an India truly enjoys soft power in today’s world.” former under secretary-general of the united nations shashi tharoor“Japan has resumed a solid growth track,” said Michael H. Armacost, Shorenstein Distinguished Fellow and former U.S. ambassador to Japan. The country seeks respect and wants a permanent seat on the U.N. Security Council, which it deserves. Japan’s economy is four times the size of China’s; Japan’s military budget is just 1 percent of GDP, yet it is the third largest in the world and the most sophisticated in Asia. Japan has the resources of a great power—huge financial reserves, modern science and technology, and enormous aid and investment flows. As Japan assumes a more robust international role, we should expect the Japanese to “hedge their bets,” he said, balancing strong U.S. ties with other nations and competing with China in pan-Asian community building efforts. Japan-U.S. relations should not be forgotten, he advised, as we focus on China and India.

Shashi Tharoor, diplomat, historian, and former U.N. under secretary-general, mused about “India’s Future as a Great Power.” Asking what makes a country a world leader, he acknowledged that India has the world’s second largest population, fourth largest military, status as a nuclear power, and the fifth largest economy. Yet a nation that cannot feed, educate, or employ its people cannot be termed a “great power,” Tharoor noted. He suggested that India’s greatest asset is its “soft power”— its liberal democracy, social and cultural diversity, and enormously popular culture. All hold important lessons. “The India entering its seventh decade as an independent country,” he said, “is open to the contentions of ideas and interests within it and outside … wedded to the democratic pluralism that is its greatest strength and determined to liberate and fulfill the creative energies of its people. Such an India truly enjoys soft power in today’s world.”

Lynn Eden, associate director for research at CISAC, chaired Plenary II, “Critical Connections: Faces of Security in the 21st Century,” examining security risks posed by Iraq, nuclear weapons, and food security and the environment—issues, she noted, “that are also central themes of the Stanford International Initiative: improving governance, pursuing security, and advancing human well-being.”

“There are now multiple indications that conditions on the ground in Iraq have improved quite substantially,” said Hoover Institution denior fellow and CDDRL faculty member Larry Diamond. Violence is down and there is a return to something approaching normalcy, as a result of the 30,000 “surge” in U.S. troops and a more effective counterinsurgency strategy adopted by General David Petraeus. The new military-sized force and strategy come at a propitious moment, when the Sunni Arab heartland has turned against Al Qaeda. As Al Qaeda has been weakened, fear, fatal bombings, and Iraqi and U.S. fatalities have declined significantly. The problem is that strategic military gains have not been matched with requisite political progress: enacting an oil revenue sharing bill, reversing de-Baathification, and scheduling provincial elections. “The harsh fact is that military progress on the ground is not sustainable,” warned Diamond, “without political progress toward reconciliation in Bagdad and the provinces.”

“As Americans, we have not thought systematically about what it means when we use the phrase ‘Islamic fundamentalism.’ We tend to treat it holistically. If we are going to understand this threat, we have to disaggregate that big thing called ‘the Muslim world’—we have to know the difference between Islamic fundamentalist, Islamist, and liberal Muslims.” acting fsi director and political science professor michael a. mcfaulAssessing nuclear proliferation, CISAC Co-Director Scott D. Sagan said, “In 1963, John F. Kennedy famously relayed his nuclear nightmare that by the 1970s there might be 15–20 nuclear weapons states. Was Kennedy’s fear inaccurate or only premature?” Today there are nine nuclear states, but the Non-Proliferation Treaty (NPT) is cracked and challenges abound. The A.Q. Khan network in Pakistan exported nuclear technology to Libya, North Korea, and Iran. North Korea withdrew from the NPT and conducted a 2006 test, before agreeing to dismantle its nuclear program. Iran has rejected international demands to suspend uranium enrichment. The United States has not lived up to its NPT commitment to work toward eventual elimination of nuclear weapons. For Sagan, keys to nonproliferation include a successful U.N. 2010 NPT Review Conference, peaceful resolution of the North Korean and Iranian crises, developing control of the international fuel cycle, and American ratification of the Comprehensive Test Ban Treaty.

Turning to human security, Rosamond L. Naylor, the Julie Wrigley Senior Fellow at FSI and the Woods Institute for the Environment, reported that 1 billion people face acute risks every day from hunger, infectious disease, resource depletion, climate change, and civil conflict. Incredibly, 15 percent of the world’s population lives on less than $1 per day and 50 percent live on less than $2 a day. Three billion people are vulnerable to disruptions in food prices because of competing biofuels and climate change. While terrorism kills 3,000 people each year and battle deaths claim 20,000, more than 6–8 million people die every year from hunger and malnutrition. “What can be done?” asked Naylor. We urgently need to conserve our genetic crop resources and invest in rural development, agriculture, and education.

Gilles Kepel, professor and chair, Middle East and Mediterranean Studies, at Sciences Po, delivered the dinner keynote, “Islamic Fundamentalism: On the Rise or the Decline?” “As Americans we have not thought systematically about what it means when we use the phrase ‘Islamic fundamentalism,’” said Acting FSI Director Michael McFaul. “If we are going to understand this threat, we have to disaggregate that big thing called ‘the Muslim world’—we have to know the difference between Islamic fundamentalist, Islamist, and liberal Muslims.” Gilles Kepel, a leading author and scholar of the Middle East, who has “invested tremendously in the study of Islam,” was invited to fill that void. “When it comes to understanding Islamic fundamentalism, Paris is the 21st century,” said McFaul. “I see it as a real challenge to all of us to learn from our French colleagues, and tonight I promise you, you will learn from one of our French colleagues.”

In a December 2001 manifesto, Knights Under the Prophet’s Banner, Ayman al-Zawahiri, Osama bin Laden’s mentor and Al Qaeda ideologue, admitted Islamic jihadists had failed to mobilize the masses to overthrow their corrupt rulers, “the nearby enemy,” and establish Islamic states, Kepel began. By inflicting a massive blow on 9/11 on “the far enemy,” the United States, they would demonstrate that America was weak, Islamic militants were strong, and the masses could revolt against their leaders without fear. The Muslim world and then the whole world would become ruled by Shariah under Islamist aegis. Kepel then asked, “Have they succeeded in what they set out to do?”

“After 9/11, we had a clash of two grand narratives: ‘jihad and martyrdom’ where the apostate regimes of the West and the Middle East were about to fall and ‘the War on Terror’ in which the roots of terrorism would be eradicated and autocratic regimes would tumble, bringing about democracy and a transformation of the Middle East.” professor gilles kepel, institute of political studies, parisKepel’s answer was no. Since 9/11, he said, “There have been two grand narratives: the narrative of jihad and martyrdom preached by Zawahiri and bin Laden, arguing that the rotten regimes of the West and the Middle East would fall, as jihadists waged copy-cat bombings in Africa, Europe, and the Middle East, suicide operations, and so forth” and “the narrative of the American-led War on Terror,” hammering that the roots of terrorism would be eradicated and autocratic regimes would tumble, bringing about democracy and the transformation of the Middle East.

The 2003 invasion of Iraq opened a new area for radical Islamic mobilization. But the two clashing narratives gave ground to something unexpected: the rise of Iranian influence in the region and “a golden opportunity not for Sunni Islamic fundamentalists but for the radical Shia in Iran,” who after the 2005 election of President Ahmadinejad found they could engage in nuclear blackmail with the world and threaten the United States with the activation of Shiite militias in Iraq, where American forces would be at a disadvantage fighting two enemies at the same time.

While Zawahiri continues to paint the “triumphal march of Sunni fundamentalism,” Kepel stated, “the discrepancy between his world view and reality is growing bigger and bigger.” To date, the bigger winner from 9/11 is not Al Qaeda but the Islamic Republic of Iran. Iran and Hezbollah have become the heroes and champions of the Muslim world. This fragmentation in the Muslim world, pitting Shia against Sunni, has weakened the Sunni radical movements’ ability to mobilize. How the confrontation plays out, he concluded, will determine the future of the Middle East.

POWER AND PROSPERITY: NEW DYNAMICS, NEW DILEMAS

INTERACTIVE PANEL DISCUSSIONS ON CRITICAL ISSUES
In an FSI conference highlight, participants engaged in spirited debate on leading issues with Stanford faculty and outside experts. Audio recordings of the plenary and panel discussions are available below.

IS DEMOCRACY GOOD FOR HEALTH?
Alan M. Garber, Grant Miller, Douglas K. Owens, and Paul H. Wise

NUCLEAR POWER WITHOUT NUCLEAR PROLIFERATION?
Scott D. Sagan, David G. Victor, Robert Rosner, and Siegfried S. Hecker

A CHANGING CONTINENT? OPPERTUNITIES AND CHALLENGES FOR EUROPEAN UNION EXPANSION
Katherine Jolluck, Mark Leonard, Monica Macovei, and Wolfgang Münchau

GROWING PAINS - GROWTH AND TENISIONS IN CHINA
Andrew G. Walder, Jean C. Oi, Scott Rozelle, and Xueguang Zhou

AUTOCRATIC HEGEMONS AND THE NATIONAL INTEREST: DEALING WITH CHINA, IRAN, AND RUSSIA
Kathryn Stoner, Larry Diamond, Michael A. McFaul, and Abbas Milani

FOOD SECURITY, CLIMATE CHANGE, AND CIVIL CONFLICTf
Rosamond L. Naylor, David Lobell, and Edward A. Miguel

FACES OF ENGERY SECURITY
David G. Victor, Bryan J. Hannegan, and Chris Mottershead

OVERCOMING BARRIERS TO CONFLICT RESOLUTION: THE MIDDLE EAST
Allen S. Weiner, Byron Bland, Bruce Jones, and Lee D. Ross

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Zvisinei Sandi is a Scholar Rescue Fellow at CDDRL. She lectures on the human rights situation in Southern Africa, especially in Zimbabwe and South Africa, and also collaborates with Stanford Law School's Human Rights Clinic on its ongoing project in Southern Africa. She has worked as a journalist and political activist in Zimbabwe, but her writing and activism have brought her hostile attention from the Zimbabwean government, resulting in threats and physical attacks. Here she shares some of her observations about Zimbabwe's March 19 elections and how the "seemingly impossible happened. Mugabe and his party lost control of the parliament and lost the presidential elections to Morgan Tsvangirai."

Zimbabwe's March 29 elections were held in an atmosphere that everybody saw as impossible for the opposition. There was virtually no media freedom, no campaign time for the opposition, and so much violence that being merely associated with the opposition MDC could very well mean death, and the Zimbabwe electoral commission, run by the fanatical Mugabe loyalist, Tobaiwa Mudede, was handpicked by the ZANU PF administration and is heavily in favor of ZANU and Mugabe. In addition, it can easily be argued that much of the election was rigged long before the election itself took place. Election observers found that the numbers on the voter's roll were far greater than the numbers of the voters on the ground. Many of the names were simply created to inflate the numbers in the constituencies that supported Mugabe, while another big number was comprised of the deceased. Plucky Zimbabwean humor suggested in the run up to the election that Mugabe had recruited the dead since the living had no more time for him.

To make matters even worse, in the period before the election, the military generals got together and announced that they would never serve under, or submit to being led by, a person without anti-colonial war credentials. In other words, they were saying that if Mugabe did lose to Tsvangirai they would just hold on to power through the use of force and ensure that Mugabe, the man they have served unquestioningly through several decades, stayed on. In real terms, this was a threatened coup: if Tsvangirai won, there would be a coup, Mugabe would stay on, and life would go on as usual.

In spite of all of these factors, the seemingly impossible happened. Mugabe and his party lost control of the parliament and lost the presidential elections to Morgan Tsvangirai. At this point, the question became whether the generals would carry out their threatened coup. Events, and reports from the inside, suggest that they have done it, and in such a smooth fashion that, of all the screams that have been heard from Zimbabwe recently, none of them has been "Coup!"

Reports in the independent newspapers suggested that Robert Mugabe had directed the ZEC to delay the announcement of the presidential election results in order to manage a political crisis triggered by his defeat and that of his ZANU PF party. It was reported that the service chiefs had approached Mugabe with results that showed his defeat and they advised him to buy time. The Zimbabwe Independent (April 4–10) reported that ZEC's delay was part of the government's crisis management plan following clear indications that Mugabe had lost the presidential election to Morgan Tsvangirai of the opposition Movement for Democratic Change. Mugabe is reported to have ordered the withholding of results by ZEC to buy time to manage his defeat and allow the three weeks for the run-off to elapse, thereby creating circumstances for him to try to survive politically. It was reported in the same issue of the Zimbabwe Independent that part of the government's strategy was to force ZEC to delay announcing the result until Mugabe had found a way to deal with the problem.

Zimbabwe's electoral law provides for a run-off in the event that none of the presidential candidates wins 50% plus one vote in the election. The run-off was therefore supposed to be held on or before April 19. The Zimbabwe Independent revealed that Mugabe and his close advisors from the country's state security agencies wanted Mugabe to use his temporary presidential powers to amend the Electoral Act to have the run-off after ninety days, ruling by decree in the meantime. They advised Mugabe that this would give them time to regroup and strategize.

Soon after the election, it was reported that Mugabe had offered a transitional government that would run the country for six months. Mugabe proposed to head the transitional government. According to the proposal, tabled to the MDC, was one of the many options that Mugabe was considering to manage his departure from office. Weeks later, Tsvangirai confirmed that his party had held secret talks with Mugabe's ZANU PF about forming a government of national unity. Tsvangirai revealed in a BBC interview that ZANU PF had approached the MDC to talk of a transition. The situation reportedly changed after ZANU PF hardliners asserted themselves. Word in the streets was that the service chiefs, Constantine Chiwenga of the Zimbabwe National Army, Perence Shiri of the Air Force, Augustine Chihuri of the Zimbabwe Republic Police, Happyton Bonyongwe of the Central Intelligence Organization, and Paul Zimondi of Zimbabwe Prison Service were demanding assurances that they would not face prosecution for crimes they had committed during their service. It was then that reports suggested that the military had taken over.

The South African Sunday Independent of April 20 reported that the military was waging a systematic war of terror on rural people while the vote was being "faultlessly" rigged, ahead a contrived presidential run-off. The paper reported that central to the plot were hundreds of "command centers" led by war veterans and youths in police uniform, which were established across Zimbabwe to wage a national terror campaign. According to the paper, Zimbabwe's top military authority, the Joint Command, made up of service chiefs, has established a chain of command to ensure that Robert Mugabe and ZANU PF remain in office even though they both lost in elections on March 29. The network will be concentrated in the rural areas where 70 percent of the Zimbabwean population lives.

A senior army officer and a police chief described the president's re-election plan to the Sunday Independent. They said each command center would consist of three policemen, a soldier, and a war veteran who would be in charge. They would dispatch militias, comprised of war veterans and members of the ZANU PF Youth militia, to assault and torture known opposition supporters. They would also control the local police to ensure that the militia was immune from arrest. The generals have called on the four security services—army, police, intelligence, and prisons—to ensure that people are terrorized into voting for Mugabe in the expected presidential run-off. Generals who report directly to the Joint Command have explained in a series of closed meetings how people will be terrorized and beaten into voting for Mugabe in the run-off. Human rights groups verified reports of the terror campaign, saying that ZANU PF was using a network of informal detention centers to beat, torture, and intimidate opposition activists and ordinary Zimbabweans. A statement by Human Rights Watch provided a chilling account of systematic intimidation and violence, including the abduction and savage beating of opposition supporters in several areas. Detention centers are said to have been set up in Mutoko North, Mutoko South, Mudzi in Mashonaland East province, and in Bikita West in Masvingo province. Opposition supporters are being tortured at these camps in what ZANU PF terms "Operation Makavhoterapapi?" ("Where did you put your vote?") The aim in all this is threefold: to assert his power over the cowed population, to punish the people for having voted for the MDC, and to intimidate them to vote for ZANU PF in the event of a presidential run-off.

Playing a pivotal role in the current drama is the country's intelligence unit, the CIO (Central Intelligence Organization). Headed by one the most brutal figures in Zimbabwe's recent history, Happyton Bonyongwe, the CIO is responsible for collecting data and information about opposition party activists and leading the attacks on the targeted activists. Hundreds of villagers have reportedly fled their homes in the countryside after ZANU PF militia, war veterans, the notorious "Green Bombers" and the army attacked them.

War veterans went on fresh farm invasions similar to the ones in February of 2000, threatening the few remaining white commercial farmers and their farm workers. In Masvingo, they invaded Crest Farm owned by Graham Goddard and they gave him a 10-hour notice to pack his belongings and vacate. The Masvingo Mirror, a provincial weekly, reported that soldiers were wreaking havoc in rural areas in the province. The Mirror said that members of the Zimbabwe National Army and ZANU PF militia were deployed in some rural areas in the province, where they were beating up civilians suspected to be members of the MDC. The Zimbabwean on Sunday (April 20, 2008) reported that the CIO has a file on "each MDC activist detailed to the level of the football club he or she supports together with family members' details etc." The paper reported of a complex web of deception, coercion, and violent intimidation to ensure that another electoral defeat for Robert Mugabe in the presidential run-off is not remotely possible. The same issue of the Zimbabwean on Sunday carried a photograph of a battered and stoned body of MDC Hurungwe East Organizing Secretary, Tapiwa Mbawanda. The Standard of April 13, 2008, told stories of war veterans and ZANU PF militia on the rampage in Mashonaland Central. War veterans and ZANU PF militia reportedly burnt down more than 30 farm workers' huts, accusing them of voting against Robert Mugabe. The defenseless farm workers fled and watched from a distance as the war veterans and militia helped themselves to property before setting the huts on fire. The workers lost all of their belongings. Eighteen families now shelter temporarily in tobacco barns, exposed to the cold and diseases.

In Bulawayo, some businesspeople reported that from April 16, 2008, their environment was growing more and more scary by the day as they had began receiving threats from some war veterans and supporters of ZANU PF in the city. The war veterans were said to be visiting business premises regularly, threatening to close them down as Mugabe's retribution campaign against opposition activists and supporters spreads to all sectors of society. One business owner complained that they had visited him three times the same day accusing him of sponsoring the MDC. They threatened to loot everything in his shop and close it down after Mugabe wins the run-off.

The Zimbabwe Independent (April 11–17, 2008) carried a story that said ZANU PF members were moving around Mutoko East constituency waving guns of different sizes and types, and telling people that the run-off was the last chance for them to vote for ZANU PF.

At the moment, no one knows what will happen. The opposition and its leader Morgan Tsvangirai, live in fear for their lives. Ordinary voters have been brutalized for simply having voted their choice. Simple election officers have been arrested, tortured, and imprisoned just because the constituents voted for the opposition. Hundreds of them are still in jail. And the world has watched. Independent observers and journalists have been arrested, beaten, and tortured, and no one has acted. The electoral commission, run by the fanatical and totally unscrupulous Tobaiwa Mudede, steadfastly refused to release the results of the presidential elections for five whole weeks, and when they were finally released, they differed from those of the independent and opposition observers, whose offices had, incidentally, been raided to remove all the materials pertaining to the presidential election.

The Mugabe government then announced the need for a run-off election, which under Zimbabwe law is necessary in the event that none of the winners got fifty percent of the vote. In the meantime the violence is escalating, and there are all indications that, in the event of the run-off taking place, more violence is going to occur. There is no chance of a free and fair run-off election taking place in the present circumstances, and to attempt it without first of all tackling Mugabe would be a sheer waste of time and of Zimbabwe lives. Mugabe would win, out of the sheer terror he has managed to instill in the minds and lives of the Zimbabwean people while the whole world watched.

Now it does seem that while everybody watched, Mugabe's generals have gone ahead and staged a very bloody coup. All the time that everybody has been begging, negotiating, and lobbying for the release of the March 29 election, Mugabe has moved a step ahead—he has gone ahead and asserted his power. The violence being witnessed is simply his way of telling the Zimbabwean people that nothing has changed and that he is the one in charge, no matter what everybody else wants. His coup is complete, and he is staying on because his supporters, the commanders of the Armed Forces, the ones with the guns, have said so. The coup is complete, and almost perfect, unless somebody from the outside decides to do something about it.

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Few of us will ever be asked to torture. But, indirectly, all of us have to make a choice: to support, as citizens, those politicians who back torture, or those who seek its prohibition. This decision seems a purely moral question. But what would be the long-term consequences to society if we were to make this radical break with the past? CISAC science fellow Jonathan Farley provides some mathematical insights.

You burst into the room. Sitting on a chair, blindfolded, his hands tied behind his back, is your prisoner. The room is dark, except for a lonely naked bulb hanging from the ceiling. He is sweating. He is afraid.

"Tell me where it is!" you scream. "Now!" You know there is little time left. Somewhere in your city, a time bomb is ticking. Whether it spits serin into the air, uranium into the water or atomic fire into the heavens, you do not know.

He does. But he is not talking. Involuntarily, you raise your hand as if to strike. What you are about to do violates the law and your conscience. And yet...

In peacetime, torture ranks next to murder as a primal sin. But during war, the debate begins over whether this evil can ever be justified to combat the seemingly greater evil of the enemy. Harvard law Professor Alan Dershowitz has said torture should be legalized.

In early October, the U.S. Senate voted 90-9 to ban it. Although Secretary of State Condoleezza Rice and President Bush have both recently asserted that "We do not torture," five U.S. Army Rangers were charged in November for punching and kicking detainees in Iraq, secret U.S. prisons have caused anxiety in Europe, and Vice President Dick Cheney has battled to win the CIA an exemption from the torture ban. As late as December, the U.S. House of Representatives stood poised to defeat the White House.

Few of us will ever be asked to torture. But, indirectly, all of us have to make a choice: to support, as citizens, those politicians who back torture, or those who seek its prohibition.

The decision of an individual to support, or reject, torture seems at first to be a purely moral question. But what would be the long-term consequences to society if we were to make this radical break with the past?

One cannot do experiments with societies, or predict the future, but, it turns out, one can attempt to address this issue using the cold, hard tools of mathematics and logic. This story begins in 1963.

The United States and the Soviet Union are on the perpetual brink of war, balanced like two sides of an equation. On the American side are "game theorists" like Thomas Schelling, recently awarded the Nobel Prize for his work on the strategy of conflict. On the Soviet side, there is the solitary mathematical psychologist Vladimir Lefebvre.

Just as mathematics could be used to describe logical reasoning, Lefebvre saw that mathematics could be used to describe ethical reasoning. If something was good -- for example, "church," "democracy," "prosperity," "kindness" -- it had value "1."

If something was evil -- "earthquake," "famine," "military defeat," "murder" -- it had value "0." But rarely were ethical situations so simple. For instance, "killing" is bad (0) but protecting one's country is good (1) -- so is war 1 or 0?

Lefebvre saw that, at the crudest level, there were essentially two types of ethical systems. Those that held that employing evil means to attain just ends was good, and those that saw that employing evil means to attain good ends was wrong.

There were also, crudely put, two types of relations between individuals: those entailing compromise (or cooperation) and those entailing confrontation.

Of course, evil people rarely see themselves as evil. So Lefebvre had to incorporate in his model of human nature the capacity of human beings to judge -- correctly or incorrectly -- the goodness or evil of their own acts, and to reflect upon their own judgments, and others'. "Reflexive Theory" was born.

It quickly became a paradigm within the Soviet defense establishment, with the publication of books such as "Mathematics and Armed Conflict." Nothing like it was known in the West.

With very simple assumptions -- for instance, that an individual who correctly sees his actions to be good when they are good, and evil if they are evil, is more highly regarded by society than an individual who incorrectly sees himself -- Lefebvre showed that in a society that accepted the compromise of good with evil, individuals would more often seek the path of confrontation with each other.

Lefebvre's insights were called upon by the State Department during negotiations with Mikhail Gorbachev in Reykjavik, Iceland. (And perhaps Lefebvre's model could be re-enlisted to help U.S. officials understand and negotiate with Arab and Muslim heads of state, who must also negotiate with their people.)

In support of Lefebvre's revolutionary new theory, a survey of Soviet émigrés and Americans was conducted in the 1970s. They were asked questions like, "Should a doctor conceal from a patient that he has cancer in order to diminish his suffering?" Overwhelmingly, the Americans would say no, and overwhelmingly, the Soviets yes. The Soviets accepted the compromise of good with evil; the Americans rejected it.

What does this mean? If Americans begin to accept the use of torture, American society might turn into a society of individuals in conflict.

Not uniformly, thanks to something called free will, but generally, with harmful consequences for society: Imagine two roads, with a stream of cars moving along each one. Each driver wants to reach his destination as quickly as possible; on occasion, drivers will impede each other.

On the first road, drivers rise in their own, and in other drivers', estimation if they yield. Drivers on the second road lose face when they yield. It is clear that traffic will move faster on the first road than on the second.

It can be argued that repressive states like Saudi Arabia, which bred most of the Sept. 11 hijackers, are on the second road. If the United States moved to accept torture, it could veer toward the second road, too -- the road of the Soviet Union.

And we know where that road ends. The Soviet Union no longer exists.

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What should we expect from the trial of Saddam Hussein? Full justice will likely elude the court, since Hussein faces only a partial list of possible charges. The trial probably won't quell ethnic and sectarian conflicts, either. But the trial could teach a valuable lesson about the place of law in a democratic state, writes CISAC's Allen S. Weiner in this Los Angeles Times op-ed.

The prosecution of Saddam Hussein and his co-defendants is off to a rocky start. As of last week, the trial has been adjourned twice after only a day and a half of proceedings; two of the defense lawyers have been murdered, perhaps by Iraqi security agents; and Hussein has showered the judges with contempt and challenged the legitimacy of the tribunal.

Can the trial in fact succeed? That depends on what we think are its goals.

The principal rationale for criminal justice is retribution--to punish those who have harmed others and violated society's norms. But retribution--or revenge--could be achieved without courts and due process. Trials also ordinarily produce reliable determinations of guilt or innocence, but few people, either inside or outside Iraq, have genuine doubts about Hussein's guilt.

The success of the Hussein trial, then, should be judged by whether it can also accomplish any of the broader goals that criminal prosecutions can serve in societies that have experienced widespread atrocities:

1) Providing justice for victims and documenting history. Trials enable victims to confront their abusers, a psychologically important step in the social re-integration of victimized groups. Trials also generate an authoritative record of the crimes committed by a previous regime. This can compel other groups in society--including perpetrators--to acknowledge that abuses occurred and can refute subsequent attempts at historical revisionism. This is today viewed as one of the important legacies of the Nuremberg trials.

The Hussein trial could provide a forum for victims, but only if the tribunal is allowed to address the full range of atrocities perpetrated by his regime. At this point, Hussein is being tried only for crimes committed in connection with a single episode--the killing and torture of residents of the village of Dujail after an assassination attempt on Hussein in 1982. Iraqi prosecutors have said that, after the Dujail case, they will pursue other cases involving the killings of tens of thousands of Shiites and Kurds.

A full airing of the vast tableau of Hussein's crimes, however, could take years; the trial of former Balkan strongman Slobodan Milosevic on crimes of comparable scope before the Yugoslavia War Crimes Tribunal in The Hague has been underway for almost four years. Such a timeline is unlikely to satisfy Iraqi street protesters demanding a swift trial and hanging of Hussein. Prime Minister Ibrahim Jafari's declaration that the Hussein trial "is not a research project" suggests the Iraqi government may feel pressure to sacrifice the goal of giving Hussein's victims a chance to record the atrocities they suffered in the interests of swift retribution.

2) Contributing to peace and reconciliation. Particularly in societies emerging from ethnic or sectarian conflicts, criminal trials individualize responsibility for abuses. They thus allow victims of atrocities to move beyond collective condemnation of the ethnic or religious groups from which their abusers came, enabling once-divided groups to begin to reconcile.

But the Hussein trial seems more likely to inflame sectarian tensions than to soothe them, at least in the short term. It gives Hussein a platform from which to challenge the Shiite-dominated government and to rally Sunni insurgents. Shiites and Kurds, frustrated by delays in having Hussein face the justice they believe he deserves, may escalate attacks against Sunni or Baathist targets. The net result may be a spiraling pattern of vigilantism and counter-vigilantism.

3) Promoting the rule of law. Subjecting a former dictator to a court of law, rather than a firing squad, can commit a transitional regime to due process and the rule of law. But early indications do not give hope that the Hussein trial will promote this goal. Last-minute legal changes--such as the elimination of the right of defendants to represent themselves--have been made for political, rather than legal, reasons. Tribunal officials have been selectively targeted for dismissal by the de-Baathification Commission headed by Ahmad Chalabi.

Moreover, Iraq's president announced in September that he had learned from one of the tribunal's investigating judges that Hussein had confessed to ordering executions during the notorious Anfal campaign, raising further questions about the judicial independence of the tribunal. Even the decision to try Hussein for the Dujail killings before the completion of investigations of more serious atrocities appears to be politically motivated. The government hopes to demoralize Hussein loyalists by securing a swift conviction on the easiest charges to prove.

Even under the best of circumstances, the Hussein trial could not possibly accomplish all three of these goals simultaneously. Hussein's crimes are so numerous that no trial can produce both a full historical accounting and swift justice. Iraq may be better served by establishing a truth commission to write a comprehensive history of the abuses of the Hussein era. Efforts to manage the trial to promote political stability in Iraq are unlikely to succeed and will only reflect a continuation of the Hussein-era tradition of executive branch manipulation of the courts. Addressing Sunni grievances, protecting minority rights and sharing Iraq's wealth is the way to promote reconciliation.

The best hope for the Hussein trial to be meaningful is for the Iraqi government to accord him full due-process rights and to refrain from further interference and manipulation. If the Iraqi government accepts the constraints of the rule of law, the Hussein trial can teach Iraq the valuable lesson that the state may punish citizens, even one as detested as Hussein, solely on the basis of laws impartially applied, not on the whims or caprice of the ruler.

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For over five years the war in Chechnya has occupied a central and neuralgic place in Vladimir Putin's political agenda. In unleashing a renewed military campaign in September 1999-abrogating the cease-fire agreement that had terminated the earlier 1994-1996 war launched by then president Boris Yeltsin-President Putin sought to win American and Western acquiescence in, if not support for, Russia's military campaign by framing the conflict as a war on international terrorism.

For over five years the war in Chechnya has occupied a central and neuralgic place in Vladimir Putin's political agenda. In unleashing a renewed military campaign in September 1999-abrogating the cease-fire agreement that had terminated the earlier 1994-1996 war launched by then president Boris Yeltsin-President Putin sought to win American and Western acquiescence in, if not support for, Russia's military campaign by framing the conflict as a war on international terrorism.

However, far from extinguishing the conflict, or confining it within the territory of Chechnya, these policies have contributed to the spread of violence and instability far beyond the borders of the Chechen republic. Instead of pursuing strategies that would address the larger socioeconomic crisis of the predominantly Muslim regions of the Northern Caucasus, marginalize extremists, and win broad support from the population of the region, the brutality of Russian military forces and their local allies in the war in Chechnya and the repressive actions of the security services in neighboring republics have fanned the flames of hostility to Moscow and created conditions for the spread of radical Islamist ideologies and the recruitment of new adherents across the Northern Caucasus.

President Putin has treated the problems facing Russia as a product of state "weakness" and has called for strengthening Russia's unity and state power in response. Ostensibly in order to better combat terrorism, he has introduced a series of measures aimed at strengthening Russia's political unity and executive power at the expense of political pluralism, freedom of information, and civil society development. But by weakening or undermining Russia's fragile and weakly developed system of institutional checks and balances on central power, and reducing the transparency and accountability of official behavior, these policies may well be exacerbating rather than mitigating the challenges facing Russia today.

What began as a secular conflict over the political status of Chechnya has progressively been transformed into a wider struggle involving more radical fighters from other Muslim republics with an avowedly Islamist agenda that now threatens to destabilize the broader region of the Northern Caucasus. The past few years have also seen a rising tide of terrorist actions directed against local authorities and security services in other republics of the Northern Caucasus as well as against the Russian government and population more broadly, including terrorist acts aimed at targets in the city of Moscow itself.

From the dramatic seizure of some 800 hostages in a Moscow theater in October

2002, in which 129 hostages died from the effects of a lethal gas used by Russian security services in a bungled rescue operation, to the September 2004 horrific siege of an elementary school in Beslan, Southern Ossetia, in which over 300 civilians died-over half of them children-these episodes have not only challenged the official assertions that the war could be confined to Chechnya alone but have dramatized the inability of the Russian government to adequately protect the security of its population.

The inept and chaotic handling of many of these terrorist attacks has brought into stark relief the poor performance of the security services, the incompetence of local officials, serious intelligence failures, and above all widespread official corruption. In the Beslan episode, to take just one example, the siege was carried out by some thirty-two terrorists, of several different nationalities, who were apparently able to bribe their way across a series of checkpoints to enter the republic and to utilize weapons and explosives stored on the site beforehand. The local authorities and the federal security services proved incapable of coordinating their actions to control the situation, and the Moscow-appointed president of the republic proved completely inept. Indeed, the most courageous and effective actor was Ruslan Aushev, the former president of Ingushetia, a figure removed from power by Moscow for resisting pressure for more coercive policies.

The Putin government has used these events to justify a series of measures which

are ostensibly intended to more effectively combat terrorism but which appear to

have little relation to the real terrorist threat. First, it has refused to seek a political solution to the conflict in Chechnya and has deliberately sought to undermine possible negotiations or international mediation and to delegitimize potential negotiating partners by demonizing a broad array of Chechen political figures within the country and abroad as "terrorists."

Conflating Chechen resistance with international terrorism, President Putin has explicitly refused to distinguish between more moderate figures and extremists and has exaggerated their ties to international terrorist organizations like Al Qaeda.

Domestically, the Russian government has used security concerns to justify ever greater restrictions on freedom of information, on civil rights, and on the role of nongovernmental organizations, particularly those engaged in the defense of human rights. The military and the organs of law enforcement have been given an ever freer hand, rarely if ever held accountable for their abusive behavior and atrocities against civilians.

Refugee camps in the neighboring republic of Ingushetia were closed and the international non-governmental organizations providing medical care and humanitarian assistance to refugees there were compelled to depart. The mass media have largely lost their independence and editors and journalists have been dismissed or attacked for expressing critical views.

A whole series of measures aimed at further centralization of political power and the strengthening of the executive branch have eroded the already fragile elements of federalism and separation of powers in the Russian political system. The autonomy and political influence of regions and republics has been sharply reduced. Parliament, now dominated by a single pro-presidential party, no longer acts as an independent check on executive power, and liberal political parties and their leaders have been marginalized. Most recently, the popular election of regional governors was abolished in favor of their appointment by Moscow, and a discussion is now under way of bringing even local government under tighter central control by eliminating the election of mayors as well.

Moreover, a high proportion of President Putin's appointees to key positions in

the regions are drawn from the military and security services, selected for their presumed loyalty to the president but often lacking political skills or understanding of local conditions. But the substitution of appointed for elected officials does not necessarily guarantee either loyalty or competence.

In the absence of a competitive party system in which political parties help create a web of ties between the central government and local populations, Putin's centralizing measures could well widen the chasm between state and society.

This growing emphasis on centralization, unity, repression, and secrecy is arguably exacerbating rather than mitigating the problems and making state power even more dysfunctional. In Chechnya and in the broader Caucasus region the brutality as well as the corruption of Russian military and security forces and their local allies-and their extensive reliance on torture, mass roundups, indiscriminate executions, disappearances of civilians, and simple extortion-has embittered many toward Moscow and made it increasingly difficult to win "hearts and minds" and build popular support. Indeed, the lack of transparency, and the difficulty of holding Russian officials accountable for abusive behavior, has led unprecedented numbers of Russian citizens frustrated by the unresponsiveness of their own government to seek redress at the European Court of Human Rights in Strasbourg.

Lacking a positive agenda for ameliorating socioeconomic conditions in the Northern Caucasus, the expanding operations of security forces across the Northern Caucasus, the closure of mosques, and the wave of often indiscriminate arrests have served to drive Islam underground and facilitated the spread of extremist ideologies. Without a coherent and sustained program of economic development that would create employment, housing, and education and offer alternative opportunities to an impoverished and alienated population, particularly young males, and absent a serious effort to eliminate corruption, these trends are likely to worsen.

Russia under Putin is facing a somber future.

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Scott Horton is a leading authority on international law regarding torture. He led an American Bar Association investigation into standards of treatment for detainees which was published in April 2004. He was a consultant for those representing Guantanamo Bay detainees, advising them on the legal implications of officially sanctioned torture. He contributed to the recent book, "The Torture Papers: the Road to Abu Ghraib."

An attorney and human rights defender, Scott represented Andrei Sakharov, Elena Bonner and other leaders of the human rights movement in the formerly communist world for more than twenty years. He is a member of the Council on Foreign Relations and an advisor to its Center on Preventive Action, the president of the International League for Human Rights, chair of the New York City Bar's Committee on International Law, and an adjunct professor at Columbia University Law School. He has appeared as a commentator on international law issues on BBC's Panorama, ABC's 20/20 and Nightline, the CBS Evening News, NBC Dateline, CNN's Paula Zahn Show, PBS's NOW with Bill Moyers and as a frequent guest on the Newshour with Jim Lehrer.

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In an opinion column published June 9 in the Los Angeles Times, CDDRL faculty member and former State Department lawyer Allen Weiner says he feels "betrayed" by recent revelations that the U.S. appears to be disregarding international treaties prohibiting the torture of prisoners.
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