Extraordinary rendition involved the secret transfer of terrorist suspects to other countries. (photo credit Ingrid Taylar)
Extraordinary rendition has been a controversial aspect of America’s policy on counterterrorism. Extraordinary rendition begins with the apprehension of terrorism suspects outside of the United States. At times, force will be used and it may be done without the consent of the country where the suspect is located. Suspects who are taken into custody are then transferred to another country where they are imprisoned and interrogated. Critics of the policy claim that it is also incorporates the use of torture.
– Grayspirit’s Abstract and Comment
Introduction
The policy of extraordinary rendition can be traced back to the 1990′s. President William Clinton signed a presidential decision directive entitled “US Policy on Counterterrorism.” As the title suggests, the directive outlines America’s policy on counterterrorism. One aspect of the policy was that it authorized the use of force to bring indicted terrorists back to the United States for trial when they were located in a foreign country.
Where possible, these indicted terrorists were to be brought back by extradition agreements that existed between the United States and other countries. However, when the foreign government would not cooperate, the authorization to use force in the apprehension and return of the suspect to America was granted.
Following the September 11, 2001 attack on the United States by Al Qaeda, the program expanded and continued to evolve. In part, the evolution of the extraordinary rendition policy was fueled by Congress’ Joint Resolution 23 which authorized the use of military force to bring the terrorists to justice and to prevent such terrorist attacks in the future.
Evolution of Extraordinary Rendition
In a legal sense, a rendition refers to the transfer of a suspect from one legal jurisdiction to another. However, extraordinary rendition is now commonly used to describe a broader process. Elements of extraordinary rendition include the following:
Apprehension
In the 1980′s, following a series of terrorist attacks, Congress passed laws that made air piracy and attacks on Americans abroad federal crimes. President Reagan authorized the CIA to kidnap any foreigner wanted for terrorism. The first use of this policy involved Fawaz Yunis. He was wanted for involvement in the hijacking of a Jordanian airliner that had American passengers on board. Yunis was lured into international waters off Cyprus and arrested.
President Clinton’s directive went a step further and authorized the return of suspects within foreign countries. Under Reagan, policy and practice permitted suspects to be lured into international waters for arrest and return to the United States. Under Clinton, suspects could now be apprehended by force within another country, without the cooperation of the host government, and returned to the United States for trial.
Transfer and Detention
During the early years of the War on Terror, this policy underwent another evolution. Suspects could be apprehended within other countries. If foreign agents were involved, the suspects were transferred into American custody. However, this occurred in such a manner that the suspect did not enter into the foreign or American justice system. If procedures for extradition existed, they were not used.
Once in custody, suspects were transferred from the host country to another country. Suspects were not returned to the United States for trial. This transfer was often to a country such as Egypt or Libya where the suspect was detained and interrogated. In addition to third countries, the CIA has operated as many as eight covert prisons overseas that have come to be known as ‘black sites’.
American policy had slowly evolved. The intent was no longer to return suspected terrorists to the United States for prosecution. Suspects were now being kept outside of the American judicial system where they could be held indefinitely and without apparent due process.
Interrogation and Torture
Suspects who ended up in these foreign prisons or CIA operated black sites were interrogated and sometimes subjected to torture. In many respects, American policy and practice now emphasized apprehension for information gathering purposes rather than apprehension for prosecution. Apprehended suspects were not so much prisoners for American justice as they were prisoners of war and sources of information about the enemy.
Critics claim that the rendition process had evolved into nothing more than an instrument of torture for obtaining information. This has been supported by a number of investigations in Europe. Methods of torture when conducted by Americans included waterboarding. Methods of torture by other countries were more extreme and have been described by some as the equivalent of death sentences.
Reform
Soon after taking office, President Barack Obama issued Executive Order 13491 which required that interrogations of war prisoners be conducted humanely and in accordance with the Army Field Manual.
Summary of Extraordinary Renditions
Prior to the War on Terror, the process was focused on the apprehension of terrorist suspects and their return to the United States for trial. Once in the United States, the suspects were given full legal rights within America’s judicial system. The intent of the policy at the time was clearly one of bringing terrorists to justice.
Once the War on Terror began, America found its intelligence community somewhat lacking in its ability to identify and apprehend the terrorists involved. Policy began to shift towards using extraordinary rendition to apprehend, detain and interrogate prisoners. Under President Bush, the use of extraordinary rendition expanded and involved the use of torture.
As the War on Terror ground on, instances of abuse began to surface and public opinion began to slowly change. Upon taking office, President Obama redefined extraordinary rendition to try to insure that the methods used were consistent with the law. He also ordered the CIA to cease its operations of ‘black sites.’ However, the War on Terror is still ongoing and President Obama has not ordered the cessation of extraordinary rendition.
Bibliography
Extraordinary Rendition Video, PBS
Extraordinary Rendition, Disappearances, and Secret Detention, Amnesty International
Extraordinary Rendition Ruled Out, Politifact
Milan Snatch, Slate
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