In a world where human rights and liberal values stand, at least in theory, at the heart of democratic states’ identities, why does torture persistently reoccur and what does that say about the antitorture norm enshrined in international law? In his approach to answering this question, William L. d’Ambruoso begins by first discussing multiple theoretical perspectives on the matter, before then tracing the development of and reasoning behind the United States’ use of torture during the Philippine-American War, the Vietnam War, and the War on Terror. His findings enable him to engage in an ongoing academic discussion on torture and norm contestation by offering interesting empirical insights, while also underscoring loopholes and flaws in the respective international regimes. In particular, the book identifies two key features enabling the frequent reoccurrence of torture: The widespread “cheaters win” logic, where “amoral and tough,” rather than norm-compliant behavior is considered as more efficient in fighting enemies (pp. 38–42), and the antitorture norm’s lack of specificity allowing for norm reinterpretation and significant leeway in corresponding policy making (pp. 42–47). The book concludes by arguing that throughout the years and different conflicts, the combination of both features has enabled US decision makers to define a “middle ground” of interrogation techniques, which they consider as harsh enough to be effective, but not cruel enough to constitute actual torture (p. 159).
In presenting this rich historic account, the author offers a strong empirical contribution, which neatly connects to other scholars’ work in the field, and yet enhances the current debate by offering a detailed and hitherto unique discussion on how, over the time span of three centuries, senior US decision makers have learned from previous experience and shaped public narratives to justify the use of torture in military and intelligence operations. The topic of US torture is in itself not new, in fact, it has received considerable attention in the scholarly fields of human rights, global norms, and international law. Nonetheless, by tracing the CIA’s and US military’s use of “harsh interrogation techniques” throughout three differently motivated conflicts and eras (Philippines: Imperialism; Vietnam: Cold War; Iraq: post-Cold War/Counterterrorism), the book introduces a more extensive approach in contrast to most other scholarly works, which have primarily only focused on one single conflict; namely, the post-9/11 War on Terror. D’Ambruoso’s new historical accounts, however, enable a detailed comparative analysis between the various periods, which showcases how different conflicts (despite their various causes and motivations) still all display patterns of norm reinterpretation and the “cheaters win argument” (pp. 162–67). In doing so, the book not only offers a comprehensive picture on US interrogation practices over several decades but also bolsters related concerns regarding the antitorture norm’s robustness and the efficacy of the ban on torture.
An additional merit lies within the book’s consideration of opposing views and the incorporation of other potential explanatory factors for the reoccurrence of torture. Accordingly, the book is not blind to the contentiousness of the topic at hand, rather the author thoroughly engages with other scholarly findings from the torture debate by including into each empirical chapter a systematic discussion on alternative motives for detainee mistreatment such as desperation, potentially favorable organizational cultures, racism or revenge rationales, and democratic restraints before and after elections (see p. 53). While these additional insights offer a nuanced depiction of other potential drives, they also strengthen the author’s main argument, as patterns of desperation, racism, or favorable organizational cultures within the CIA could be found in some cases, but ultimately failed to explain why some senior members of the CIA would speak out against torture, or why the abuses predominantly sought to produce intelligence instead of revengeful punishment. Hence, with the “cheaters win argument” and given the leeway granted by the antitorture norm’s blurriness, d’Ambruoso presents a convincing and consistent explanation for all three case studies, while acknowledging the importance of and interplay with other additional motives.
Despite these important empirical contributions, the author leaves open several points that could have otherwise amplified the relevance of his findings in future academic debates. In particular, his strong focus on the reoccurrence of torture omits an important discussion on torture-opposing policy developments that have since followed, especially those that occurred within the context of the War on Terror. The policy reforms, like the Detainee Treatment Act or Obama’s EO 13491, which at least officially restricted the use of torture during US intelligence and military operations, would have provided a unique opportunity to briefly discuss the long-term relevance of the book’s findings and would have provided a more holistic picture of the US torture debate. Furthermore, the book makes somewhat superficial allusions to the role of the US allies in the CIA interrogation program. While they are understandably not the primary focus of d’Ambruoso’s research, comments such as the following: “European records of abuses, though not spotless, has improved in postcolonial times” (p. 20) diminish without further consideration the Western allies’ role in aiding and abetting the use of torture in US intelligence operations, particularly in the CIA Detention and Interrogation Program. More importantly, such comments mislead readers concerning the continued relevance of such research, as well as of the severity of states’ persistent use of more indirect forms of torture.
Additionally, the book’s theoretical built-up warrants multiple minor criticisms. Specifically, the book’s nod to Feminist Theory is unfortunately distracting, as the theory is only briefly mentioned (pp. 39–40, 68), and therefore fails to make any notable contributions to the empirical analysis. Whereas a more active consideration, for example, of the rationales of female politicians, the conduct of female interrogators or of the treatment of female suspects might have offered interesting insights, the brief mentioning of the theory leaves the reader only wishing for more. In contrast, by not including any consideration of the extraterritoriality of torture or any discussion on the potentially contradictory nature of the “cheaters win” rationale and states’ efforts to downplay torture allegations, the author misses a key opportunity to streamline his theory and clarify potential contradictions. The fact that the extraterritorial application of human rights remains a debate even among academics only underscores the blurriness of international law and states’ obligations, which is particularly relevant given that the primary victims of US torture in all three of the case studies were foreigners abroad. Lastly, by omitting a discussion on policy makers’ efforts to utilize blurriness in international law to downplay or to reinterpret the definition of torture, the book avoids addressing whether such actions could reduce the potency of the “cheaters win logic,” which particularly builds on the premise of being perceived as tough and “playing dirty” (p. 35).
In sum, d’Ambruoso’s book offers an empirically rich historic account of the US use of torture, while emphasizing the state leaders’ “tough equals efficient” rationale and the antitorture norm’s lacking specificity. In doing so, the author provides a valuable contribution to an already well-established academic debate, and yet leaves room for further elaboration on his findings.
