Waterboarding - The Debate, Part 1

The last week or so, there has been considerable debate going on in the Shoutbox (so much that at this point you can not even find the instigating comments, because they have been overwritten by numerous new ones). It began with the question of "Waterboarding" and whether the use of such a technique could be acceptable in interrogation during warfare by US intelligence agents or soldiers. This series of posts is my attempt to answer the question for myself. This opinion is only informed by a few articles and the shoutbox debate.

First, as to its international legality, I think it is a useless argument. Combatants in Iraq and Afghanistan and terrorists elsewhere technically do not fall under the Geneva Convention. They do not represent a country, they do not wear a uniform, they do not fight according to the rules of war, and they are not signatories to Geneva. There is no point in referring to international law on this point, because by definition Al Qaeda operates outside of any state or inter-state structure.

Second, as to its Constitutional legality, it is likewise a useless argument. Aside from Joseph Padilla, all enemy combatants taken as prisoners for detention are not US citizens, and thus not covered by the Constitution (except for a few basic principles about universal human rights). Most of these incidents have likewise occurred off of US soil and often by those who were not US citizens, but instead proxies. There is no point in belaboring this argument, because the basis for it is absent.

So we are left with the moral argument, which is really the most important one anyway, because it bypasses the mechanics of law to look at the underlying questions of humanity and justice. The question really is, "If we consider ourselves a 'moral country', can we allow our agents to use Waterboarding in their interrogations of enemies or neutrals with important information?"

Let the debate begin. (Feel free to use the comments below to start discussing this. But be aware that I plan several follow-up posts which may or may not take into account your comments, because they may or may not be written long before this first post goes up.)