The 'Torture Memos': A Failure of Strategic Leadership

Abstract

This paper examines the development of U.S. interrogation policy, beginning with initial determinations concerning the application of the Geneva Conventions and continuing through several Department of Justice opinions collectively known as the "torture memos." The paper examines the influence of these memos on policy formulation. The memos are reviewed in light of professional standards for attorneys and applicable international treaties, customary rules for prisoner treatment, and constitutional provisions relating to presidential powers. The memos themselves raise issues of professional responsibility, but the use of the memos to reduce strategic matters to legal considerations raises more serious questions about strategic leadership and decision making. The use of the memos also has caused military advice to be disregarded and has damaged civilian-military relations. Recommendations for mitigating this damage and improving future policy development are offered.

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Document Details

Document Type
Technical Report
Publication Date
May 11, 2009
Accession Number
ADA508280

Entities

People

  • K. Krewer

Organizations

  • United States Army War College

Tags

Communities of Interest

  • Biomedical
  • Counter WMD
  • Energy and Power Technologies
  • Human Systems

DTIC Thesaurus Topics

  • Air Force
  • Congress
  • Department Of State
  • Geneva Conventions
  • Governments
  • International Law
  • Interrogation
  • Law
  • Military Operations
  • National Politics
  • National Security
  • Personnel Management
  • Students
  • Terrorists
  • Treaties
  • United States
  • War Colleges

Fields of Study

  • Political science

Readers

  • Criminal Law
  • Military History of the United States in the 20th Century.
  • Systems Analysis and Design