The famous statement “Never Again” that is inscribed in the UN has been perhaps the most traumatically laughable promise of our age. There have been the true believers, those who believe in this statement and its mission, and hope and work for a world held to its promise. There are those who are cynical, those who look at the Balkans and Rwanda and see the flagrant contradictions to the promise and deem it a lost, hopeless cause… and then there are those who seem bent on destroying the promise.
Today’s Washington Post has a headline story outlining the CIA’s network of secret prisons. A related story appears on Scottish investigations into reports that the United States is exporting prisoners to countries who will torture them. There seems to be mounting evidence that American citizens need to fear that its representatives acting on their behalf are spending their political capital on tyrranous activity – and trying as hard as possible from telling them that they are doing so.
We should be clear, not all secret detentions, state-sponsored murder, and torture are created equal. Our legal tradition recognizes this with the Furman v. Georgia case and its subsequent follow-ups. Nevertheless, Seymour Hersh’s account of the CIA holding and torturing a lot of low-value targets deserves a much more serious look from those who believe him to be politically motivated in his writings. It might very well be that some of the secret detentions are for security reasons and that some of the torture is inspired by officials believing that they are in a “Jack Bauer situation”, but there is much to suggest that this is not the only type of secret detention and prisoner abuse going on, as Abu Gharib and reports from Guantanamo Bay clearly suggest.
What is so galling about this is precisely how undemocratically we are handling such an important issue as our own barbarism. Again, barbarism is perhaps a sometimes necessary thing, and I think that it would be great to hear such arguments about when it is and is not justifiable to conclusion. Michael Walzer, for example, has taken a very famous crack at this question in regards to warfare. The fact of the matter is that whether or not we tend to lean towards or opposing the actions of the Executive and the CIA, we are left here to argue on silly websites like this one after the fact and NOT before. EVEN IF the government came out tomorrow with documents somehow undeniably showing that there is no unjustifiable treatment of prisoners at these facilities, there is something gravely troubling about the fact that the executive branch COULD torture people secretly and indiscriminately and we would not know anything about it until it was all over.
In terms of the facts of what this administration has done, the closeness between “could” and “is” will likely lead us down a very dark road of discovery if most news stories on the subject are any indication. No matter what, the government should not conduct such operations in a cloud of secrecy. The public has the right to decide whether the actions of its state cross the line into unconscionable brutality or not before the state acts, and not after.
I can’t help but think of Camus’ statement that his only political enemies are the executioners, and that for all of the criticism of how simple and unrealistic a stance this seems to be, the fact of the matter is that one can still round up quite a great deal of political enemies using this formula. What democratic citizens should guarantee for themselves, as much as is possible, that their own leaders are not on that list, and that their are grave consequences for those leaders who are. “Never again” is not the rule of law, but it is an “intimate connection” (where “law” comes from in the Latin) that binds our age of genocide, terrorism, and secret police. We are not bound to it by anyone, but that is not the point of promises in the first place. Promises are so that you are the one binding yourself to a pledge in recognition that you have the ability to go a different direction. What direction is a state that walks away from this pledge “never again” actually going instead? One shudders to think it.