Jay Anderson has a nice post and some links here.I have not written much about torture, though I occasionally comment about it when I see something about former Vanderbilt law professor John Yoo. I do not claim to be learned in moral theology. It is possible to argue, nonetheless, that non-lethal but brutal forms of interrogation might be necessary in some cases for self-defense.
The Catholic Catechism,
Paragraph 2298, strongly condemns torture, as do all Catholic commentators who take the Catechism seriously. The Catholic Catechism considers war only just if it is for self-defense and requires that Catholics serve honorably and maintain the dignity of human life:
2310 Public authorities, in this case, have the right and duty to impose on citizens the obligations necessary for national defense. Those who are sworn to serve their country in the armed forces are servants of the security and freedom of nations. If they carry out their duty honorably, they truly contribute to the common good of the nation and the maintenance of peace.2311 Public authorities should make equitable provision for those who for reasons of conscience refuse to bear arms; these are nonetheless obliged to serve the human community in some other way.2312 The Church and human reason both assert the permanent validity of the moral law during armed conflict. "The mere fact that war has regrettably broken out does not mean that everything becomes licit between the warring parties."2313 Non-combatants, wounded soldiers, and prisoners must be respected and treated humanely. Actions deliberately contrary to the law of nations and to its universal principles are crimes, as are the orders that command such actions. Blind obedience does not suffice to excuse those who carry them out. Thus the extermination of a people, nation, or ethnic minority must be condemned as a mortal sin. One is morally bound to resist orders that command genocide.
I have studied war my entire life. The treatment of non-combatants and captured soldiers has been discussed extensively in international treaties and among theologians, and for the most part, any officer in the U.S. Army should know how non-combatants and captured soldiers should be treated.
Soldiers at war, however, sometimes face moral ambiguities in which torture and self-defense might merge. In our current conflicts, these moral ambiguities arise from the treatment of armed combatants who hold no national allegiance and wear no uniforms but show willingness to kill or maim anyone who might oppose their tyranny.
Suppose you are a sworn officer in the U.S. Army and command a platoon, company, or battalion in Afghanistan, and you learn that one of your soldiers has been captured by armed guerrillas likely to kill him if you cannot secure his freedom very quickly. Let us suppose that one of the enemy captives in your custody (not in a uniform, but armed when captured, and for the sake of argument, certainly an avowed enemy who has killed soldiers in your command) is very likely to know the hideout of the guerrillas. What would you do?
(a) Read him his rights under the Geneva Conventions and back off further questioning when he gives you his
jihadi nickname and his future rank in the coming Islamic Caliphate.
(b) Read him his rights under
Miranda v. Arizona and question him as if you were an American police officer.
(c) Read him the story of Nathan Hale.
(d) Teach him about American freedoms.
(e) Preach to him the Gospel.
(f) Scare him into telling you where the captured soldier might be.
An officer in the Army takes an
oath as follows:"I, _____ (SSAN), having been appointed an officer in the Army of the United States, as indicated above in the grade of _____ do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign or domestic, that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservations or purpose of evasion; and that I will well and faithfully discharge the duties of the office upon which I am about to enter; So help me God." (DA Form 71, 1 August 1959, for officers.)You could well argue that the Constitution requires you to treat him with all the deference of the Geneva Conventions or the Bill of Rights. You could also argue that your duty to protect the Constitution from those seeking to destroy it requires you to protect the soldier under your command, even if you have to beat your captive severely and make him fear for his life.
You don't want to write one of those letters home to his mother to tell her that he died in the line of duty, especially if he is being slowly tortured and possibly dismembered. If you are an officer of any guts, you will do almost anything in your power to obtain information on the soldier's whereabouts and, if necessary, lead the raid to rescue him yourself.
That is my hypothetical. I have never been in such a situation, but I think an argument can be made that beating the captive to obtain the release of a soldier under your command before he is killed is an act of self-defense. If I am right, I will admit that writing a policy for U.S. Army officers on the matter is more than problematic. Likewise, as a matter of moral theology, the theory of self-defense should not swallow the fundamental principle of human dignity. Torture in the name of self-defense is the slipperiest of slopes.