The document discusses the need for ethics in interrogation programs going forward. It notes that past interrogation practices by both the military/intelligence and domestic law enforcement have led to cases of abusive and coercive interrogations as well as false confessions. While reforms have been implemented, including legislation and new training programs, ethics is still missing from the discussion and needs to be incorporated. Establishing a common code of ethics for all interrogators could help remedy past issues and guide interrogators with moral principles beyond just legal standards. The document advocates for the key national security agencies to take responsibility for developing an ethical code to cement ethics into the foundation of the interrogation profession.

1. Make Room for Ethics in Next
Generation Interrogation Programs
With the attacks of 9/11 came the
early rush to establish strategic
interrogation centers for the many
thousands of enemy combatants and
terrorists captured on the battlefields of
Afghanistan, Iraq, and other conflict
zones, where an unfortunate pattern of
harsh, coercive interrogations was
initially commonplace. Among the
thousands interned in holding facilities
nearly a decade and a half ago, a
substantial number now claim they were
subjected to what a reasonable person
may characterize as brutal, degrading
December 14, 2016 by Paul Charles Topalian

2. treatment at the hands of military and
intelligence interrogators. Human rights
advocates and attorneys representing
these defendants equate the
mistreatment to torture and claim that
such actions violated our nation’s values,
our laws, and our international treaty
obligations.
Domestic law enforcement has not
been immune to the use of harsh
interrogation tactics, either. Stories of
police misconduct capture headline news
from New York, Los Angeles, Chicago,
Miami, and other major American cities,
often coming to light only years after the
event. Some recount shocking tales of
psychologically—and, in some cases,

3. physically—abusive interrogations of
juveniles and adults who were subjected
to unrelenting and coercive questioning
or interrogations. Case after case show
that innocent victims of such
interrogations end frequently with false
confessions, are then wrongfully
convicted, and spend many years behind
bars, some decades.
Such revelations demonstrate some
sort of breakdown with legacy
interrogation processes, practices, and
training. Keep in mind, whether in an
intelligence or in a law enforcement
context the majority of interrogators who
participated in these operations were
well-intentioned practitioners. Further, in

4. many instances, the interrogation
techniques and tactics tied to these
former events satisfied the legal
threshold as lawful interrogations. And,
in most cases, investigative
interrogations took place with knowledge
of trusted police executives and, in the
case of intelligence interrogations, with
knowledge of our nation’s senior military
and civilian leaders.
So, what went wrong? Why? What
lessons do these interrogations have for
us? What should have been done to
prevent such events? Was there
something missing in tactics, techniques,
and procedures beyond simply relying on

5. ‘lawful’ interrogation techniques? If so,
what was the missing piece?
Such concerns were clearly on
President Obama’s mind when he took
over the presidency in 2009. Two days
after taking his oath of office, he issued
Executive Order 13491, ‘Ensuring Lawful
Interrogations.’ [1] Other reform
initiatives followed in quick succession,
such as: Congressional sponsored
legislation by the House and Senate;
public engagement and community-
based policing initiatives funded by the
Department of Justice; innovative
training programs such as that by the
Federal Law Enforcement Training
Center; and the establishment of the High

6. Value Detainee Interrogation Group
(HIG). Alongside its global interrogation
mission, the HIG spearheads ‘evidence-
based’ research by experts from around
the world to identify improvements over
current legacy techniques and has begun
to operationalize the lessons-learned into
‘best practices’ and training programs.
[2] No doubt, all these initiatives will
influence interrogation practices for
many generations.
Yet, missing among many of these
reform initiatives is the absence and the
need to appreciate one simple, but
powerful, word and its role in the future
of our nation’s interrogation program.
That word is ‘ethics’. Our nation’s efforts

7. with interrogation reform would be
incomplete without it. Clearly, it was the
critical missing piece in past interrogation
practices.
What is ethics? Philosophers,
theologians, jurists, political theorists,
historians, and military strategists have
been grappling with the question for well
over two thousand years. While mostly
influenced by writings of Greek, Roman,
and Judeo-Christian thinkers, Asian and
other Middle Eastern cultures have
contributed as well. In contemporary
times, though, many who write on the
topic of ethics agree that there is no
sharp distinction between legal and

8. ethical concepts and trying to distinguish
between the two often gets murky. [3]
On a more human level, the term
ethics is generally used to describe
someone’s conscience or moral fiber.
One who possesses ethics is said to know
right from wrong and can be trusted to
make the right decision in unfamiliar and
unsupervised circumstances in which
there are no easy answers. Anecdotal
evidence seems to suggest that those
who lack ethics face a host of personal
and professional challenges.
For interrogation practitioners, ethics
is all about ‘choices’ made inside the
interrogation room. Some say, ethics is

9. ‘doing the right thing for the right
reasons.’ For instance, just because a
tactic or technique is labeled lawful or
legal doesn’t necessarily mean a
practitioner should use it. After all, what
may be an ethical interrogation tactic or
technique to use under one set of
circumstances, let’s say, with Person X
from Country A, may be an unethical
choice if used on Person Y from Country
B. Such ethical considerations and
cultural dynamics should have a powerful
influence on the profession, and rightly
so.
Recognizing the role ethics plays
inside the interrogation helps to set
boundaries for interrogators beyond legal

10. frameworks and demonstrates that for
any operation there are a variety of
factors to consider when laying out an
interrogation strategy or plan. For
example:
• Subject’s perceptions of fairness;
• Likelihood of unintended
consequences and subject’s
reaction;
• Impact on rapport-building and
trust;
• Conformity to socially accepted
cultural norms;
• Impact on interrogation outcomes;
and
• Crossing of cultural taboos or
mores.

11. The preceding discussion on ethics
focused on its role in choices an
interrogator may make. But, there is yet
a larger role for ethics and its ability to
influence the overall direction of the
interrogation profession as part of any
reform efforts. That big step would be to
require those who practice the tradecraft
as a profession—whether on a full-time
or a part-time basis—to comply with a
common ‘code of ethics.’
Most professional manuals define
profession as an occupation or trade
requiring specialized knowledge typically
after intensive study, leading to a shared
understanding among practitioners. Such

12. references further define a professional
as someone who complies with technical
and ethical standards of a profession.
For a profession, a code of ethics
operates much the same way as a
person’s conscience. Professionals in
many occupations are guided by them—a
set of principles by which they practice
their professions on behalf of those who
entrust to them an important duty or
responsibility. For instance, the legal and
medical professions are two examples
that come to mind. Doctors swear a
commitment to the Hippocratic Oath,
which requires physicians to uphold
certain standards of their profession.
Likewise, lawyers are expected to comply
with the rules of professional conduct

13. issued by the American Bar Association.
Encouraging the establishment of a
common ethical code shared among
interrogators—regardless of whether he
or she is in law enforcement, the military,
or the intelligence community—would
serve as an important step toward
remedying some major previously
identified shortcomings.
Importantly, a common code of ethics
will forge a unifying bond among all
interrogators; instill a sense of pride in
the profession; serve as a moral compass
in those moments when there is not
sufficient guidance or precedent; and, for
those who fall short and violate the public
trust, permit the profession to revoke

14. credentials. In other words, a code of
ethics will serve as the profession’s ethos.
It will keep the profession in check by
reminding those within it of their duty to
the nation, to the U.S. Constitution, and
to our laws and related international
agreements.
As principal stakeholders in the
profession, and as leaders in the
Interagency Task Force on Interrogations,
the Department of Justice, the
Department of Defense, and the Office of
the Director of National Intelligence
ought to share responsibility to drive the
formulation of a code of ethics for our
nation’s interrogation program on behalf
of the American people. Each possesses a

15. vested interest in it. In taking on this
overdue initiative, the three institutions
would help close an apparent void and
permanently cement ethics as an
essential element into the fiber of the
profession. The following figure is offered
to assist in its formulation.
Code of
room—
how
to think and behave

16. t Importantly, too, a code of ethics is
needed to help guide the profession for
the road yet ahead and for a public safety
and national security environment at
home and abroad that remains uncertain
and demanding; and anticipates
continuing challenges to the profession in
the future. Whatever the final version
might look like, a suggested framework
for a code of ethics would help:
• Define the basic principles that help
guide practitioners in uncertain times
and circumstances—now and into the
future.
• Embrace an operational climate of
high expectations and standards
among practitioners.

17. • Require humane treatment of
suspects and detainees.
• Provide the shared profession a
shared professional identity which
encompasses a sacred trust among
practitioners.
• Put practitioners on notice that those
who violate the code of ethics would
dishonor themselves and their
cohorts, and possibly expose them to
civil and criminal liability and lead to
loss of credential.
• Recognize that the code of ethics
would likely need periodic updates in
face of new legislation, judicial rulings,
and executive policy decisions by our
nation’s leaders.
Leads

18. Ethics has an important role to play in
the future of our nation’s interrogation
programs. Not only does it influence the
choices made inside the interrogation
room, but, at a higher level, forging an
ethical code of conduct would serve the
profession as a guidepost into the future.
It deserves a seat at the table. It’s the
right thing to do for the right reasons.
______________________________________________________________________
Notes
[1] White House, “Executive Order 13491: Ensuring Lawful Interrogations”
(January 2009)
https:www.whitehouse.gov/the_press_office/Ensuring_Lawful_Interrogations.
(accessed 10/20/2016)
[2] High Value Detainee Interrogation Group (HIG), “Interrogation Best Practices”
(August 26, 2016) https://www.fbi.gov/file-repository/hig-report-august-
2016.pdf/view (accessed 10/16/2016)
[3] Reichberg Gregory M, Syse Henrik, Begby Endre (editors). “The Ethics of War:
Classic and Contemporary Readings” Blackwell Publishing 2006. p. ix.
[4] Topalian Paul Charles, “Tradecraft Primer: A Framework for Aspiring
Interrogators” CRC Press, January 2016, p. 124

19. __________________________________________________________________________________
About the Author:
Paul Charles Topalian is the author of the 2016 book,
“Tradecraft Primer: A Framework for Aspiring
Interrogators.” In it, Paul advances a credo for all
interrogators ‘Do No Harm – Respect Human Rights,’
a pledge all responsible interrogators should adopt
and help promote throughout their careers. Find Paul
at tradecaftprimer@gmail.com.