Accession Number : ADA508280


Title :   The 'Torture Memos': A Failure of Strategic Leadership


Descriptive Note : Research paper


Corporate Author : ARMY WAR COLL CARLISLE BARRACKS PA


Personal Author(s) : Krewer, K


Full Text : https://apps.dtic.mil/dtic/tr/fulltext/u2/a508280.pdf


Report Date : 11 May 2009


Pagination or Media Count : 37


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.


Descriptors :   *PRISONERS , *ACCOUNTABILITY , *INTERROGATION , *UNITED STATES GOVERNMENT , *EVOLUTION(DEVELOPMENT) , *ETHICS , *POLICIES , INTERNATIONAL LAW , PUBLIC OPINION , FEDERAL LAW , COMMUNITY RELATIONS , ATTORNEYS , INTERNATIONAL RELATIONS , TREATIES , STANDARDS , DAMAGE , INTELLIGENCE , DEPARTMENT OF DEFENSE , TERRORISTS , MILITARY FORCES(UNITED STATES)


Subject Categories : Government and Political Science
      Sociology and Law
      Military Forces and Organizations


Distribution Statement : APPROVED FOR PUBLIC RELEASE