Opponents of torture will be quick to argue that confessions elicited by torture are notoriously unreliable. Given the foregoing, however, this objection seems to lack its usual force. Make these confessions as unreliable as you like—the chance that our interests will be advanced in any instance of torture need only equal the chance of such occasioned by the dropping of a single bomb. What was the chance that the dropping of bomb number 117 on Kandahar would effect the demise of Al Qaeda? It had to be pretty slim. Enter Khalid Sheikh Mohammed: our most valuable capture in our war on terror. Here is a character who actually seems to have stepped out of a philosopher’s thought experiment. U.S. officials now believe that his was the hand that decapitated the Wall Street Journalreporter Daniel Pearl. Whether or not this is true, his membership in Al Qaeda more or less rules out his “innocence” in any important sense, and his rank in the organization suggests that his knowledge of planned atrocities must be extensive. The bomb has been ticking ever since September 11th, 2001. Given the damage we were willing to cause to the bodies and minds of innocent children in Afghanistan and Iraq, our disavowal of torture in the case of Khalid Sheikh Mohammed seems perverse. If there is even one chance in a million that he will tell us something under torture that will lead to the further dismantling of Al Qaeda, it seems that we should use every means at our disposal to get him talking. (In fact, The New York Times has reported that Khalid Sheikh Mohammed was tortured in a procedure known as “water-boarding,” despite our official disavowal of this practice.)
Which way should the balance swing? Assuming that we want to maintain a coherent ethical position on these matters, this appears to be a circumstance of forced choice: if we are willing to drop bombs, or even risk that rifle rounds might go astray, we should be willing to torture a certain class of criminal suspects and military prisoners; if we are unwilling to torture, we should be unwilling to wage modern war.