©2003. International Journal of Applied Philosophy 17:1. ISSN 0738-098X. pp. 105–118
Terrorism and Torture
Fritz Allhoff
University of California Santa Barbara
1. INTRODUCTION
After the events of 9/11, the concept of torture has emerged as one that is
both pertinent and provoking. National polls have shown that some Ameri-
cans support torture in some situations, though the majority still stand op-
posed. Torture has not received a tremendous amount of discussion in the
philosophical literature, though I suspect that the leftward slant of academia
would, for the most part, ensure limited support for torture. In this paper, I
would like to first discuss why torture is an important issue and then ad-
vance an argument that supports torture in limited cases.
The Encyclopedia of Ethics defines torture as “the deliberate infliction of
violence, and through violence, severe mental and/or physical suffering upon
individuals. It may be inflicted by individuals or groups and for diverse ends,
ranging from extracting information, confession, admission of culpability or
liability, and self-incrimination to general persuasion, intimidation, and
amusement.”
1
I think that this is a good definition. Notably, torture is not
necessarily a form of punishment, though it could be—both deterrence and
retribution theorists could advance arguments in its support. Rather, torture
can also be used instrumentally in order to achieve important aims, such as
the acquisition of important information.
It is of course worth noting that torture is illegal in the United States and
that no United States agency can legally engage in torture abroad.
2
As abso-
lute as this policy stance seems, there are important questions regarding its
implications. For example, if an American intelligence official is standing
quietly in the corner of a room while a foreign government subjugates a ter-
rorist suspect to torture, has the American government violated its mandate?
Less hypothetically, American officials have admitted that the United States
has transferred prisoners to the intelligence agencies of Jordan, Egypt, and/
or Morocco, all of which are known for using torture as a method of interro-
gation. Reportedly, some of these prisoners have even been handed over along
with lists of questions to which they might know the answers and whose
answers would be valuable to the United States.
3
While the transfer might
not always be accompanied by a list of questions, it would be very naïve to
think that the United States would not welcome and has not accepted the