The Foreign Service Journal, September 2004

or coercing him or a third person, or for any reason based on discrimina- tion of any kind, when such pain or suffering is inflicted by or at the insti- gation of or with the consent or acqui- escence of a public official or other person acting in an official capacity.” These acts are equally illegal in Iraq, Cuba or back in the U.S., whether in war or in peace. Every religious system and code of morality teaches that such conduct is immoral — i.e., kidnapping unproven suspects and taking them across the border for “rough treatment” — and experience shows that it is also inef- fective or at least counterproductive. Yet now we are told that because of a few madmen, we must abandon the presumption of innocence when deal- ing with possible terrorists. Some may object that if a prisoner knows something crucial that might save the lives of many innocent people, then it is worth violating his rights to obtain that information by any means neces- sary, including torture —- the so- called “ticking bomb” justification. Under the same reasoning, hundreds of “enemy combatants” have been sent to brigs in Cuba, Afghanistan and Iraq, and even right here in the United States, for years at a time without any trial to determine guilt. We are also told that prisoners may be held for years without trial — with no opportunity to defend themselves. S E P T E M B E R 2 0 0 4 / F O R E I G N S E R V I C E J O U R N A L 19 S P E A K I N G O U T In times of war, even democratic governments often pass laws they become ashamed of once the crisis has passed.