Military Interrogation of Terror Suspects: Imaginative Does Not Have to Mean Unlawful

摘要

The United States is searching for ways to lawfully glean information from persons detained during the War on Terrorism. The issue is thorny and politically sensitive. While much of the debate has been about the interrogation tactics of the Central Intelligence Agency and other government agencies, there has been a strong move toward restricting the military interrogators. Some recent changes to Army and Department of Defense (DOD) interrogation policies reflect a less than intellectually rigorous approach that is neither effective nor legally sound. This article examines the Army's interrogation policy as set forth in Field Manual (FM) 2-22.3, Human Intelligence Collector Operations, from both a legal and 'effects-based' perspective and offers some recommendations for change.