Scriptorium Daily
One argument often used to support torture is that killing a combatant is worse than torturing them, so why not torture them?
It does seem straightforwardly true that being dead is as bad as it gets.
However, the argument (or intuition) fails on four counts.
Argument from Soul Liberty
First, killing a combatant actually honors his free will. He has chosen to take up arms and the minister of justice is honoring that choice by meeting him as he has chosen to be met.
Torture removes the internal free will of the combatant by forcing him to a mental submission that should not be in the power of humankind. We should allow his mental defiance, even if we cannot allow his physical defiance. In this way, we honor his reason (one aspect of the divine image), while also protecting the innocent.
Argument from the Impact on Soldiers
Second, killing a combatant in a fair fight is (I am told by those who serve) difficult enough psychologically. On the other hand, the debasing nature of torture (harming a powerless person intentionally) increases the harm to our troops doing the torture many times over.
Argument from Future Harms to Our Troops
Killing a foe may actually increase respect for us in some cultures. Torturing them rarely does.
Many cultures respect a foe who defeats them in a fair fight. They will honor a noble enemy as many Crusaders did with Saladin (who followed the rules of war as understood at the time).
Few have respect for the man who tortures. He is a boon to enemy propaganda. He stiffens the will of opposing soldiers not to surrender so as not to face torture. He becomes the face of the US to the civilians on the other side.
Torture may also increase the chances that our own soldiers will be tortured. It decreases our moral authority to prosecute a defeated foe for war crimes, if we committed war crimes intentionally as well.
Argument from Utility: Fighting Works, Torture Doesn’t
Finally, killing a combatant works. He is dead and can no longer fight.
However, over time the Church has been tempted by arguments that “torture works” and discovered (to its shame) that torture does not work. Information gained is worthless or nearly worthless. Arguments from utility for torture should balance the certain harm of doing a wicked act (torture) against the tenuous gain from committing an act of torture.
