Lately, the
torture memos have been making news (and see more information about the memos at
the ACLU's website).
The left claims that torture is immoral, the right claims that Bush kept us
safe. I have no intention or desire to write a political blog, so I'll stay
out of that.
But a state's decision to use torture has economic (game theoretical)
implications, and it's worth considering those. And it's more than just
torture: how far do you go to respect human rights? For instance, we have
killed a lot of civilians in the Iraq war alone, and just today we
apologized to Afghanistan for killing so many of their citizens in airstrikes.
Here is one thought experiment: suppose a large terrorist faction hides people
and material in a large United States city. The government discovers that the
faction exists in the city, but doesn't know exactly where. Is it okay if the
government bombs city blocks it suspects may contain terrorists, but isn't
sure, even if there are a lot of innocent US civilians also there?
I don't think the government would do such a thing. I'm guessing risking US
civilian lives would not be an option at all.
However, a different standard clearly applies for non-US citizens. We bombed
large sections of Baghdad, killing hundreds of civilians, based only on rumors
of Saddam Hussein's whereabouts. (In the end, all those civilian deaths were
in vain, since Saddam was captured without a shot in Tikrit). And we continue to shell Afghan villages
with less safety checks than we would use for US towns.
Game-Theoretical reasons the US should not respect human rights:
- It may save lives. There are arguments against this (see below),
but it is possible that risking the deaths of non-US civilians could save the
lives of US civilians and military personnel, just because discounting
civilian lives opens up more options against the enemy and allows for
faster decision-making.
- It's cheaper. Respecting human rights is very expensive. Can
you imagine if we treated every Iraq airstrike request as if it was occurring
within the US? There would be endless confirmations, approvals up and down
the chain of command, verifications and re-verifications of targets, etc.
- US laws don't apply. You can't be sued for wrongful death, since
the attacks aren't happening on US soil. Those civilians aren't protected
by the US Constitution anyway. And that saves a lot of court cases.
- Deters would-be terrorists. There are arguments against this
(see below), but if the US says it will torture or generally maltreat all
enemy combatants, that may scare away people who would otherwise be tempted to
take up arms against us.
Most of the above reasons are only valid in the short run. If an "abandon all
human rights" policy prolongs or intensifies the conflict, then any short-term savings in
lives or money are likely to be swamped by the costs (in money and lives) of a
longer or more intense conflict.
And #4 (would-be terrorists will think twice) assumes that
terrorists are rational, and they almost always aren't.
I don't think a strategy will get very far if it assumes terrorists are
rational. A better (and probably safer) strategy is to assume that terrorists
aren't rational, except in a twisted way that they want to inflict as much damage as
possible. For those sorts of worst-case terrorists, #4 (promising them
punishment) won't help.
Instead, the approaches should focus on the people who are rational. These
are typically the civilian populations that house, feed, and supply
terrorists, and the politicians in those areas. The civilians involved are
either coerced or sincerely believe they are doing the right thing by helping
the terrorists. Politicians as a whole are shrewd calculators and strategies
that open up political advantages to cracking down on or disavowing terrorism
will likely yield results.
Game-Theoretical reasons the US should respect human rights:
- It protects our own military and civilian personnel. By
upholding the
Geneva Conventions for all of our enemies, terrorist or not, we have a better chance of having
our own personnel and civilians so treated. Given the mindset of terrorists,
it's not clear how much this would sway their treatment of our civilians, but
it would likely sway the greater foreign populations which house and
(indirectly) support those terrorists. And that leads to the next point:
- It lays claim to high moral ground.
Again, terrorists may be beyond reasoning, but most of the world's population
is not terrorists, and will never be. If the majority of a country's
population is on your side, whoever you are, it is far less likely to support
or even harbor terrorists against you.
For these sorts of
asymmetric conflicts, claiming the moral ground may actually be a key to winning. Our short-term
costs, in terms of money and time, may be higher (and we may have to spend
more money to protect lives!) but over the long run, this is the approach that
will win allies and even the terrorists' host populations. Any strategy that
antagonizes the host populations runs the risk of prolonging the conflict, and
any strategy that antagonizes the host populations and our allies is
almost certainly doomed to failure in the long run.
So based on what I hope is a relatively dispassionate consideration,
respecting human rights is the best long-term way to win the conflict. And by
"respecting human rights," I'd recommend treating every civilian on the planet
as if they were a US citizen, at least when considering military options. It makes
military operations much more complex and expensive to plan, but has the best
chance of keeping the conflict short and winning many allies.
This argument does assume one thing: that there is a moral high ground. If
all morals are relative, then none of this applies and we're back to a
most-aggressive-combatant-wins strategy. And in that case, "terrorist"
is also a relative term. So I'll stick with my assumption that there is a
moral high ground.
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