Tuesday, April 16, 2013

Ethical Argument


Chris Gomez
Professor Brown
English 1B
14 April 2013
From a Foundational Standpoint
The U.S. government and military are infamous for the particular ways that they deal with and respond to crises involving foreign policy and terrorism. The interesting part has to do with how we interpret the decisions that these entities make. When talking abot terrorism, it’s no surprise the subject of interrogation may become a sore spot for everyone. It isn’t a sore spot because of how it looks or the gruesome violence that it entails when imagined in the mind, but rather because the foundations of interrogation techniques have always been found in large grey areas with the judiciary system. Point being that interrogation techniques against terrorism pose a concern with ethics and these ethics are seen and constructed from a various assortment of perspectives. To be more specific, certain ethical dilemmas arise from waterboarding. Waterboarding falls under the category of “enhanced interrogation.” Knowing that the United States legal system outlaws all forms of torture, waterboarding inevitably surfaces within this argument. The future of how we view waterboarding and other enhanced interrogation techniques and the premises by which we act on these views are crucial in identifying this country as one that has ethical convictions that are enforced with integrity. My argument on this subject is that based on preconceived ethical criteria that is either philosophically intrinsic within us or otherwise officially identified reveal some issues with the military’s enhanced interrogation.
Professions within the field of medicine pose an interesting philosophical aspect in regards to ethics. Unlike other professions, “the profession of medicine has certain values built into it” (Downie 135-137). If your profession is being a police officer in the United States, you have an obligation to uphold and enforce the laws and regulations within the jurisdiction you preside in without any discretion that involves your own personal morals. You simply uphold your legislation on a legal basis. On the other hand, a physician’s obligations differ. There are inherent codes present in this field that characterize a physician’s obligations as revolving around and stemming from “doing no harm”. Physicians must regard themselves as healers.  Likewise, doctors within the field of psychology uphold similar standards. The American Psychological Association provides a list of designated groups of the population, those of which permit or deny the intervening of psychologists within interrogation proceedings; “detainees” being a group that is protected from psychiatric intervention (Downie 135-137).
With those codes of ethics that are either inherent in the profession or otherwise legally sanctioned, we can see legitimacy for concern when the Department of Justice releases documents that describe how psychologists are “justifying the use of waterboarding and other techniques” (Pope, and Gutheil 1178-1180). On top of that, the American Civil Liberties Union revealed documents in 2008 confirming that psychologists “supported illegal interrogations in Iraq and Afghanistan” (Pope, and Gutheil 1178-1180). Before the analysis here can be established, it must be noted that the Department of Justice requires that psychiatrists and physicians be present in interrogation proceedings for detainees, including “enhanced interrogation” such as waterboarding so as to mentally and physically assess all aspects of those interrogated. More simply stated, doctors are being placed in situations where their duties enable the U.S. government to perform activities that are in direct opposition to the doctors’ inherent code of ethics. By aiding the government in enhanced interrogation, even if that means tending to any physical damages acquired during the interrogation, doctors are in direct opposition to ethics that are engrained in the foundations of their profession. Furthermore, these interrogative tactics require duties that are “sometimes the job of the psychiatrist” (Downie 135-137). Assessing detainees upon whom enhanced interrogation is applied requires psychiatric evaluation. Even though detainees are specifically stated as a designated group protected from psychological intervention within interrogative processes, the basic requirements in enhanced interrogation involve psychiatric intervention. This ethical discrepancy could not be more contradictory. On one side, we have physicians and psychiatrists who stand by a code that prohibits them from participating in interrogation consistent to waterboarding techniques. On the other, the legal system not only permits, but also requires these two professions to be involved. We can now see how waterboarding and enhanced interrogation poses a contradiction to the ethical criteria that doctors possess.
Waterboarding also poses some concerns when analyzing how it interferes with the ethics of our legal system. This can be shown without even referring to the idea of waterboarding as a form of torture. The main issue here is that regardless of whether or not waterboarding is torture or that waterboarding is considered unethical in any context, the investigations that came from the waterboarding occurrence with the three Al-Qaeda detainees involve some pretty contradictory circumstances that place the U.S. government in a different ethical concern.
The subsequent formal hearings and judicial proceedings that took place in response to the incident suggest a question of integrity within the U.S. government. The ethical discrepancy in this context need not be elaborated upon. Any and all interrogation techniques are required to receive the Department of Justice’s “okay” before the military can carry on with them. With that understood, not only must we assume that waterboarding was evaluated by the D.O.J. before it was executed, but the D.O.J. itself stated in 2005 that criminal investigations could not be undergone on the issue that took place in 2002 because in it’s evaluation of the enhanced interrogation technique of waterboarding, it “made a determination as to its lawfulness” ("American Journal of International Law" 359-361, 177-179). I have to mention as well that this was in response to Attorney General Michael Mukasey’s statement that he views waterboarding as torture “if applied to himself” ("American Journal of International Law" 359-361). So to put this into a simpler perspective: at some point, the U.S. military needed to extract information from a select group of Al-Qaeda members, they asked the D.O.J. if it was okay that they "waterboard" them, the D.O.J. said it was okay, a few years later the attorney general says that waterboarding is torture, the D.O.J. justifies their previous “torturing” by saying that they said it was okay at the time so we didn’t really do anything bad. Rather than focusing on the ethics of torture, this particular analysis suggests that the ethical “self-exoneration” of the judicial system is at an elementary level. This does two things. Firstly it shows that the U.S. government simply defended itself, yet it was in a way that demonstrated authoritative dominance in suppressing ethical concerns. Secondly, it poses the question: is this how the judicial system of our government will respond to anything that poses a changing and evolving ethical dilemma? Waterboarding conflicts with this ethical criterion because it is issues like this push the U.S. government to contradict its own propositions.
It helps to note that some of these arguments presented don’t necessarily harmonize with every alternative view of enhanced interrogation. In fact, when discussing medical doctors involvement in these interrogations, some might feel that it isn’t unethical. If a doctor doesn’t know that he is “healing” the injuries of a convicted terrorist, as is the case in many interrogative proceedings, he isn’t performing against his code of ethics. As far as the doctor knows, he or she is performing within their standard. The problem with this argument is that it only tells us where to place the blame. It may not be the doctor’s fault, but does this mean that ignorance of the situation is placing the doctor’s actions outside of the boundaries of the their ethical code? Regardless of whether or not a doctor is aware of the context in which they performing their duties, they are still performing them unethically. Placing the blame on the military instead of the doctor, which would be the case in this hypothetical scenario, does not change the fact that the doctor is performing outside their oath. The ethical dilemma still stands. Not to mention that military psychologists “were enlisted to help develop more aggressive interrogation methods…against terrorism suspects” (Pope, and Gutheil 1178-1180). Not only are doctors working in the wrong even when it seems right, certain professionals are hired for reasons that directly pose an ethical concern.
Among the many problems that arise when evaluating issues regarding torture, this presentation takes on a different approach. Rather than deeming waterboarding as subject that needs to be defined in relation to some arbitrary universal definition for torture, I present some alternative ethical conflicts that don’t even require the breakdown of the elements of the waterboarding for an in-depth analysis on its supposed inhumanity. Moreover, we can see how the mere existence of waterboarding has placed professionals such as doctors of medicine, psychiatry and psychology in an ethical dilemma. Waterboarding doesn’t need to be inhumane for it to be unethical because doctors are inherently prohibited in participating in such acts. Unfortunately, the U.S. government demonstrates somewhat of a disregard for this ethical construct by employing doctors to not only assist, but also to help design and improve interrogation methods. In response to these acts, the U.S. judiciary system has an interesting way of defending its convictions when laws and ethics contradict one another. Being aware of this, is there something else to be said of waterboarding? The fact that we don’t even need to describe what waterboarding is specifically in order to argue its immorality says something in itself; especially when we analyze how the military and government react to it. Waterboarding may or may not be an ethically valid form of interrogation, but it sure makes doctors and even the entire U.S. look bad from a foundational standpoint.

















Bibliography

Pope, Kenneth, and Thomas Gutheil. "The interrogation of detainees: how doctors' and psychologists' ethical policies differ." BMJ: British Medical Journal 338.7704 (2009): 1178-1180. JSTOR. Database. 14 Apr 2013. <http://www.jstor.org/stable/25671588 >.
Downie, R.S. "The Ethics of Medical Involvement in Torture." Journal of Medical Ethics 19.3 (1993): 135-137. JSTOR. Database. 14 Apr 2013. <http://www.jstor.org/stable/27717300>.
"Senior U.S. Officials Acknowledge Waterboarding of Three Suspected Terrorists; Administration Defends Practice ." American Journal of International Law 102.2 (2008): 359-361. JSTOR. Database. 14 Apr 2013. <http://www.jstor.org/stable/30034554 >.
"Secret Justice Department Memos Said To Sanction "Severe" Interrogation Tactics." American Journal of International Law 102.1 (2008): 177-179. JSTOR. Database. 14 Apr 2013. <http://www.jstor.org/stable/40007788>.



No comments:

Post a Comment