Lee_INTL424_Final

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1 Final Research Paper Gabrielle Lee INTL 424 Lisa Kochevar December 24, 2023 1

2 Introduction The US Navy's facility at the Guantanamo Bay, Cuba, is known as the GTMO. It was established in 2002 to hold suspected terrorists and Muslim militants. Many of these individuals were apprehended in various countries, such as Afghanistan and Iraq. Over 700 individuals have been held at the facility since its establishment. Unfortunately, since it was opened, about nine detainees have committed suicide or died while they were in custody. Some of these include Khalid Sheikh Mohammed, who was the mastermind of the September 11 attacks, and Abd al Rahim al-Nashir. Due to the nature of the facility and the controversial nature of its operations, various stories have emerged about the treatment of detainees at the facility. Many of these individuals claimed that they were subjected to various forms of torture, such as sleep deprivation and waterboarding (Laughland, 2015). Whistleblowers have been able to confirm the allegations by leaking documents and photos related to the GTMO's interrogation methods. Government officials have also stated that the procedures are necessary to gather intelligence. Following the September 11 attacks, people started thinking that gathering intelligence is so crucial that even morally wrong techniques can be used to achieve it. Unfortunately, the interrogation methods used at the GTMO did not produce useful information. This paper aims to review the various aspects of the facility's operations and provide lessons for future practices. Ethical Legality The use of GTMO to detain confirmed and suspected terrorists has been regarded as a form of retribution for the 9/11 attacks. Initially, it was not allowed under the Geneva Conventions to be used to detain enemy combatants. However, this practice continued even though many of them were not charged. Most of the individuals who were detained at the facility 2

3 have not been charged. They can be held for years without charge, and they have been subjected to harsh interrogations. Issues related to the classification of GTMO detainees have been brought up. For instance, the government has not attempted to differentiate between domestic and foreign terrorists. Whistleblowers are also subjected to the same treatment as other individuals who are accused of committing anti-government activities. This issue could set a dangerous precedent regarding the treatment of suspects at the detention center (Greenberg, 2015) Political Discussion The public's perception of the GTMO has fluctuated in recent years. While not directly related to the effectiveness or legality of the interrogation methods at the prison, it still has a vested interest in the practices being conducted there. The debate's outcome can either make or break the program's effectiveness. Depending on the backlash and public opinion, the interrogation methods can be worth the trouble or be made more acceptable. The debate results can either make or break the program's effectiveness. Depending on the backlash and public opinion, the interrogation methods are more acceptable or can be worth the trouble. Following the 9/11 attacks, a majority of Americans supported the operation of the prison. However, this number dropped to 65 percent in 2003, and in 2010, only 55 percent of the country's residents supported the continued use of the facility (Veeren, 2011). The changes during the administrations of Barack Obama and Donald Trump were quite different. During Obama's term, he maintained a policy of reviewing all cases and releasing those no longer needed. On the other hand, Trump decided to keep the prisoners at the facility even if no charges had yet been submitted. Joe Biden's new administration is expected to make changes regarding 3

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4 reviewing cases and releasing prisoners. However, it has not made any announcements regarding the policy. This suggests that the public's support for the GTMO and the interrogation methods will decrease over the next couple of years. Prisoner Treatment The GTMO is known for its abusive and cruel treatment of prisoners, including the use of psychological and physical torture methods. Detainees were also subjected to an environment that caused them to suffer from psychological distress. According to reports, detainees were kept in solitary confinement for long periods, and they were not allowed to move around freely. They were also forced to take medicine prescribed by US doctors without being informed of what it was. In 2005, around 200 detainees at the facility went on hunger strike. In response, military officials forcibly fed and placed tubes into the prisoners' stomachs to keep them alive. In 2011, at least 19 prisoners died at the facility. Many of these were due to their injuries during or after interrogations. Reports also stated that medical staff members were complicit in the cruel treatment of the prisoners. The CIA and DOD reportedly told them to violate professional ethics. Officials of the facility also told medical staff members to ignore the conditions of the prisoners and not report the abuse to investigators. This violation of professional ethics led to the involvement of medical professionals in the psychological and physical abuse of prisoners (Greenberg, 2015). The treatment of prisoners at the US Navy's detention center at Guantanamo Bay has been a significant issue around the world. 4

5 Interrogation Techniques Different techniques were used to interrogate prisoners, and they covered various vulnerabilities that individuals may have. Most of the time, male inmates were subjected to degrading and humiliating treatment by female interrogators. They were also sexually assaulted (Crook, 2005). It was believed that these methods would cause the most humiliation and shame among the prisoners. Other abusive interrogation methods include waterboarding, prolonged standing, and simulated electrocutions. Various psychological interrogation methods, such as threats to kill loved ones, isolating prisoners, and forcing them to exercise in uncomfortable positions, are known to be used. It has also been reported that medical staff members sometimes injected chemicals into the prisoners to lower their inhibition levels (Greenberg, 2015) Effectiveness of Interrogations The interrogations conducted at the GTMO facility can be evaluated by looking at various factors, such as the facility's objectives, the program's success, and the mistakes made over time. The goal of the facility was to house dangerous individuals captured on the battlefield and interrogate them in order to reduce the likelihood of terrorist groups carrying out attacks against US personnel. The interrogation process for detainees at the facility begins with a screening process. It quickly becomes apparent that many of the individuals who have been held over the years have no connection to terrorist groups such as the Taliban or al-Qaeda. This suggests that the program's screening process is flawed. A fundamental flaw in the program's low-threat tolerance led to analysis in circles. The justification for holding a person at the facility was based on evidence indicating that they were a threat and the lack of evidence. Even if there was no evidence indicating that the individual was associated with terrorist groups, they were still considered skilled at disrupting collection methods. The conditions of the prisoners at the 5

6 facility did not decrease terrorist activity. According to a study by Pearlman in 2017, about 30% of the released detainees had returned to the battlefield (Pearlman, 2017). As of May 2018, there are still 40 detainees at the GTMO. The facility's interrogation methods have changed significantly since it was established in 2002. During this time, the facility's activities have been characterized by allegations of mistreatment and the appearance of a cover-up. Whistleblowers have come forward to speak out against the mistreatment of prisoners by the former administration. One of the individuals who revealed the abuse claims against the facility claimed that the interrogation methods did not produce valuable intelligence. The cost of maintaining the facility and housing the detainees outweighed its benefits in 2009 (Knapp, 2009). The mistreatment of the prisoners lasted for several hours or even months. Some of the different methods used by the authorities included rectal feeding, waterboarding, sleep deprivation, sexual humiliation, and confinement in a box (Laughland, 2015). Apart from being subjected to cruel treatment, the detainees were also forced to live in small, enclosed cages with their waste. No rules or interpretations influenced the authorities' actions during the interrogation and confinement sessions. The authorities' actions were the product of the decisions made by the US government's senior policymakers, who disregarded existing regulations and laws. Following the September 11 attacks in 2001, Dick Chaney, then the Vice President, ordered his officials to carry out secret surveillance in order to gather intelligence. He said the authorities would use whatever methods to achieve their goals. This became apparent during an interview seven years later when Hayden, who was then the CIA's director, was talking about the treatment of prisoners. The agency has been using various interrogation methods, including the use of black sites, on the detainees at the facility. These methods have tarnished the image of the US and its international intelligence 6

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7 cooperation. It has also caused fear and rage among Muslims. The information that was gathered through these interrogations most likely aided terrorist recruitment and propaganda. Despite the numerous experts who have claimed that the use of enhanced interrogation techniques (EITs) does not produce valuable intelligence, the authorities continue to use them (Knapp, 2009). In 2009, Barack Obama, then the US President, issued Executive Order 13491, which aimed to ensure that the authorities conducted lawful interrogations and treated the prisoners humanely and safely. Despite the implementation of the Executive Order, the interrogations at the GTMO facility remain shrouded in suspicion due to the operations that occurred before it was established (Neuman, 2005). Improvements One of the most critical mistakes a commander makes when it comes to interrogation is screening the sources. This process can prevent valuable information from being extracted from a detained individual. Furthermore, specific interrogation techniques can trigger mental breaks, which can render a person's information useless. According to Greenberg in 2015, some interrogation methods should be more effective due to how they are used. This can prevent the interrogators from getting the most out of their interrogations. Despite the new guidelines being implemented to improve the procedures at GTMO, there is still a way to improve the techniques (Greenberg, 2015). The value of sources' intelligence decreases as they are transferred to GTMO after being detained in the theater. Although they may initially provide valuable information, the sources' intelligence becomes less useful as they are held longer (Pearlman, 2017). Although polygraphs can improve the effectiveness of GTMO's interrogation methods, proper source screening and transferring can increase the amount of intelligence that the agency can collect. 7

8 Deception detection techniques are one of the most effective ways to interrogate a person, and they can be combined with other methods. Although various mechanical techniques such as voice analysis and eye-tracking are still being studied, they could provide helpful insight into a person's actions. Even though lie detector techniques are not allowed in court, these methods should be utilized alongside polygraphs. Although none of these techniques are perfect, they have been used for a long time. Using mechanical deception techniques at GTMO could reduce the number of EITs and improve the overall interrogation process. Besides being used in the field, studies on mechanical deception techniques could also be conducted at GTMO. Although their integration into the interrogation process is a step in the right direction, more is needed to eliminate EITs. Currently, various advanced methods are undergoing testing, such as fMRI and fNIRS. However, they have limitations that prevent them from being used effectively. Some of these include their size and portability. Aside from implementing mechanical deception techniques, the interrogation process at GTMO can also be improved by collaborating with law enforcers. Although there are varying goals and techniques involved in conducting an interrogation, military personnel, and the intelligence community can potentially benefit from the lessons learned from each other. In most cases, law enforcers are focused on extracting confessions from suspects to prosecute them. On the other hand, military and intelligence-based interrogations are conducted to gather intelligence that can be used to address specific questions. Combining these two groups can help develop rapport between the suspects and the authorities, which can lead to the acquisition of valuable intelligence. 8

9 Conclusion Following the September 11 attacks in 2001, the U.S. government established the detention facility at Guantanamo Bay. Intelligence agencies were given a blank check to operate as they pleased, even though their actions and policies may have violated international human rights laws. Due to the unclear nature of the source screening process, many individuals with no intelligence value were apprehended at the facility. The interrogation methods used to interrogate prisoners at the facility were not effective in preventing them from returning to terrorist activities. The interrogation methods used at the facility can be improved in order to produce more actionable intel. This can be done by transferring or releasing long-term detainees who no longer have intelligence value. The use of EITs has been the subject of much discussion around the world and within the U.S. over the past 15 years. Although there has been no evidence of actionable intelligence gathered during these interrogations, the actions continue without regard for the current laws and regulations. Implementing Executive Order 13491 has prompted the debate about improving the interrogation process and using mechanical deception techniques alongside law enforcement procedures to enhance intelligence-gathering. As the technological advancements over the past few years continue, it is only a question before these methods can be used to detect deception. The ability to detect deception should be fast and can be performed in real-time to aid the interrogation. The implementation of proven techniques could help improve the interrogation process and put a positive spin on the image of the U.S. 9

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10 References Crook, John. “Continued Allegations of Abusive Treatment and Interrogations at Guantánamo Bay.” The American journal of international law 99, no. 2 (April 2005): 486–486. Greenberg, Ivan. “From Surveillance to Torture: The Evolution of US Interrogation Practices During the War on Terror.” Security journal 28, no. 2 (April 1, 2015): 165–183. Knapp, Alex. “An FBI Interrogator on the Effectiveness of Torture.” Outside the Beltway, September 10, 2009. https://www.outsidethebeltway.com/an_fbi_interrogator_on_the_effectiveness_of_torture/. Laughland, Oliver. “How the CIA Tortured Its Detainees.” The Guardian. Guardian News and Media, May 20, 2015. https://www.theguardian.com/us-news/2014/dec/09/cia- torturemethods-waterboarding-sleep-deprivation . Neuman, Ariel and Salinas-Serran, Daniel. 2005. Custodial Interrogations: What We Know, What We Do, and What We Can Learn from Law Enforcement Experiences. Pg 141. Accessed from: https://edge.apus.edu/access/content/group/security-and-global-studiescommon/ Intelligence%20Studies/INTL424/content/week%201/424-wks1-7-educing.pdf Pearlman, Adam. “Collection ‘Management by Crisis’: Strategic Targeting and Interrogation at Guantanamo Bay.” Intelligence and national security 32, no. 6 (September 19, 2017): 849– 866. VEEREN, ELSPETH. “Captured by the Camera’s Eye: Guantánamo and the Shifting Frame of the Global War on Terror.” Review of international studies 37, no. 4 (October 2011): 1721– 1749. 10

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