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Waterboarding as Torture: A Policy Memo on Interrogation

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Abstract

This policy memo examines waterboarding as an interrogation technique used against high-value terrorism suspects following the September 11, 2001 attacks. The paper describes the mechanics of waterboarding — its origins in the Spanish Inquisition, its physiological effects, and its simulation of drowning — and argues that it constitutes torture under both the U.S. Constitution's Eighth Amendment and the Geneva Convention. Drawing on journalist Christopher Hitchens's firsthand account of undergoing the procedure, the memo contends that the government's characterization of waterboarding as a mere "simulation" is misleading. The paper concludes with concrete policy recommendations urging the executive branch to abandon the practice, mandate disclosure of interrogation methods, and publicly commit to prohibiting cruel and unusual punishment.

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What makes this paper effective

The memo grounds its argument in both constitutional law (the Eighth Amendment) and international law (the Geneva Convention), giving the claim against waterboarding a dual legal foundation that is difficult to dismiss.
The use of Christopher Hitchens's firsthand, experiential account provides vivid, concrete evidence that supplements the legal argument and makes the abstract concept of "simulated drowning" viscerally real for the reader.
The policy recommendations section translates the argument into actionable directives — addressing the CIA, the presidency, and public diplomacy — demonstrating practical thinking beyond moral objection alone.

Key academic technique demonstrated

This paper demonstrates the policy memo format effectively: it frames a problem, supports a position with evidence, and concludes with numbered, audience-specific recommendations addressed directly to a decision-maker. This structure — problem statement, evidence, recommendations — is the defining feature of professional policy writing and distinguishes it from a standard argumentative essay.

Structure breakdown

The memo opens with a contextual introduction situating waterboarding in the post-9/11 environment, then defines and describes the method, explains why it constitutes torture under U.S. and international law, incorporates Hitchens's firsthand account as corroborating evidence, and closes with four specific policy recommendations directed at the President. Each section builds on the last in a logical chain from definition to consequence to remedy.

Introduction

The attacks of September 11, 2001, left the country enraged and ready to strike those responsible. In the search for terrorist suspects and the masterminds behind the attacks, the United States devised — or rather borrowed — a method intended to allow top specialists to extract as much information as possible from those believed to be guilty. That interrogation method is waterboarding. This memo examines the method, argues that it constitutes torture, and explains why it should never again be used against any suspect held by the United States.

What Is Waterboarding?

Waterboarding is a harsh interrogation method whose origins lie in the Spanish Inquisition. The method simulates drowning and near-death experience. The subject is strapped to a board with the head positioned slightly lower than the feet; a cloth is then placed over the face, and water is poured onto the cloth. As a result, breathing becomes extremely difficult, the subject's gag reflex is triggered, and the person experiences the overwhelming sensation of drowning.

It is precisely because of this description — and the brutal nature of the method — that numerous human rights organizations have argued that the United States should never have employed it against any detainee. They contend, correctly, that waterboarding constitutes torture and therefore violates both the Geneva Convention and the Eighth Amendment of the United States Constitution.

The Constitutional and Legal Case Against Waterboarding

This policy memo agrees with those human rights groups. It is firmly against the United States Constitution to inflict cruel and unusual punishment, and waterboarding is precisely that. The government's characterization of this method as a mere "simulation" of a "near-drowning experience" is misleading. The reason a subject feels as though they are drowning is because, physiologically, they are — and this is exactly why the body's reflexes engage and why the suspect will ultimately confess. Calling it a simulation does not change the reality of what is happening to the person's body and mind.

The Geneva Conventions establish clear protections against torture and inhumane treatment of detainees. The Eighth Amendment of the U.S. Constitution likewise prohibits cruel and unusual punishment. Both legal frameworks unambiguously condemn the practice of waterboarding, and the United States' use of the technique placed the country in direct violation of both.

2 Locked Sections · 375 words remaining

Christopher Hitchens and the Firsthand Account · 220 words

"Journalist undergoes waterboarding to test torture claim"

Policy Recommendations · 155 words

"Four directives for the President to end the practice"

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Key Concepts in This Paper

Waterboarding Enhanced Interrogation Eighth Amendment Geneva Convention Cruel and Unusual Punishment Enemy Combatants Firsthand Evidence Policy Memo CIA Oversight Public Diplomacy