Psychology under Fire (Arrigo, Eidelson, & Bennett, 2012) Psychology under Fire: Adversarial Operational Psychology and Psychological Ethics Jean Maria Arrigo Project on Ethics and Art in Testimony, Irvine, CA Roy J. Eidelson Eidelson Consulting, Bala Cynwyd, PA Ray Bennett Washington, DC Authors Note 1. This essay has been published in Peace and Conflict: Journal of Peace Psychology (Copyright, American Psychological Association; DOI: 10.1037/a0030323). This article may not exactly replicate the final version published in the APA journal. It is not the copy of record. Authors Note 2. For consultations on this essay we are grateful to Julianne McKinney, Case Officer A, Commander A, David Debatto, David MacMichael, Grant Marler, Lawrence Rockwood, and Special Investigator A (military intelligence); David Cooper and Walter Schaller (ethics); Clark McCauley, Trudy Bond, Steven Reisner, and Stephen Soldz (psychology); Chuck Ruby (military psychology); Carolyn Fluehr-‐‑Lobban (anthropology); Chaplain A (U.S. Army chaplaincy); Robert Shabkie (law); John Crigler (finance); journal editor Susan Opotow, and anonymous reviewers. Correspondence concerning this article should be addressed to Jean Maria Arrigo, 110 Oxford Street, Irvine, CA 92612. Contact: peat@peat-‐‑intel.org 1 Psychology under Fire (Arrigo, Eidelson, & Bennett, 2012) Abstract The 9/11 attacks on the United States have motivated psychologists to advance counterterrorism and related operations through psychological principles and skills. These operational psychologists seek to legitimize adversarial interventions against targets by prioritizing societal welfare over traditional, individual-‐‑focused principles of psychological ethics. In this essay we distinguish adversarial operational psychology, which facilitates deceptive and coercive operations, from collaborative operational psychology, which optimizes personnel performance in high-‐‑risk operations. Our analysis finds that adversarial operational psychology is largely unsupported by the APA Ethics Code; that its potential benefits are exceeded by the likelihood of irreversible harms; and that its military necessity is undemonstrated. We offer a three-‐‑factor framework for distinguishing between adversarial and collaborative operational psychology, and we recommend institutional separation of these roles so that professional psychologists do not serve in adversarial capacities. Keywords: operational psychology, psychological ethics, APA Ethics Code, counterterrorism, psychological torture About the Authors Since 1995 social psychologist JEAN MARIA ARRIGO has given voice to military intelligence professionals of conscience through oral histories and joint activities with scholars. She established the Intelligence Ethics Collection at Hoover Institution Archives, Stanford University, and the Ethics of Intelligence and Weapons Development Collection at Bancroft Library, University of California, Berkeley. (peat@peat-‐‑intel.org) ROY J. EIDELSON is a clinical psychologist and the president of Eidelson Consulting, where he conducts research, writes, and consults on the role of psychological issues in political, organizational, and group conflict settings. He is a past president of Psychologists for Social Responsibility, associate director of the Solomon Asch Center for Study of Ethnopolitical Conflict at Bryn Mawr College, and a member of the Coalition for an Ethical Psychology. ([email protected]) RAY BENNETT is a retired military intelligence officer with more than 20 years of experience in the field of military and law enforcement interrogation, including service in Europe and the Middle East, and conflict deployments to Bosnia and Iraq. 2 Psychology under Fire (Arrigo, Eidelson, & Bennett, 2012) Psychology under Fire: Adversarial Operational Psychology and Psychological Ethics For almost a century, American psychologists have assisted national security operations, often outside of public awareness or concern. The progressive social psychologist Kurt Lewin, for example, applied group dynamics to survival training for spies destined for Occupied Europe in World War II. Lewin’s role in this training, unknown to two generations of behavioral scientists (Cooke, 2007), is an example of operational psychology – the use of psychological principles and skills to improve the effectiveness of military and intelligence operations. The psychological roots of operational psychology in the U.S. lie in the mobilization of American psychologists in World War I by Robert Yerkes, then president of the American Psychological Association (APA) (Kennedy & Williams, 2011a). When prominent non-‐‑interventionists contested U.S. entry into the war, Yerkes maneuvered a politically divided APA Council to “throw the machinery of the Association behind mobilization for national service” (Camfield, 1992; p. 100). Along with like-‐‑minded colleagues, he then persuaded reluctant military authorities to embrace psychology because “(a) the human factor was as important in warfare as the material and (b) psychologists, as the scientific experts on human behavior, had vital contributions to make to the war effort” (Camfield, 1992; p. 102). The operational roots of operational psychology lie in the World War II Office of Strategic Services (OSS), precursor to the Central Intelligence Agency (CIA) (Kennedy & Williams, 2011a). A 1944 review of the involvement of social psychologists in the war effort named fourteen OSS psychologists drawn from the faculties of notable universities (Marquis, 1944). As one example of their activities, these psychologists developed efficient methods of selection of agents for high-‐‑risk missions (Office of Strategic Services Assessment Staff, 1948). The tests predicted fairly well which recruits would complete the costly course of training. But, illustrating the high stakes of selection, “the ability of the tests to predict stress tolerance under combat, or torture by the Gestapo, could only be guessed” (Banks, 1995, p. 78). Williams, Picano, Roland, and Banks (2006) provide a useful contemporary definition of operational psychology: Operational psychology is defined as the actions by military psychologists that support the employment and/or sustainment of military forces…to attain strategic goals in a theater of war or theater of operations by leveraging and applying their psychological expertise in helping to identify enemy capabilities, personalities, and intentions; facilitating and supporting intelligence operations; designing and implementing assessment and selection programs in support of special populations and 3 Psychology under Fire (Arrigo, Eidelson, & Bennett, 2012) high-‐‑risk missions; and providing an operationally focused level of mental health support. (pp. 194-‐‑195) Although operational research is not specifically mentioned, it is an inseparable component of the actions listed. After the 9/11 attacks on the United States, operational psychology gained new prominence as the particular characteristics of the terrorist threat – cross-‐‑cultural, asymmetric, religiously and ethnically motivated, inspired by charismatic personalities, networked rather than institutional, and manifested through small-‐‑group dynamics – attracted psychological expertise to master an unfamiliar enemy. However, operational psychology also became the center of intense controversy and debate following media reports that psychologists were actively involved in the military’s and the CIA’s abusive interrogations of national security detainees at various sites including Guantanamo Bay Naval Base in Cuba and Bagram Airbase in Afghanistan (e.g., Lewis, 2004). Adversarial versus Collaborative Operational Psychology These activities highlight the reinvigoration, as part of the past decade’s “global war on terror,” of the ethically fraught category of operational psychology that is the focus of this essay. Within this category we differentiate between adversarial operational psychology and collaborative operational psychology. As we will argue, in most cases specific operational activities can readily be categorized as predominantly adversarial or collaborative, based on the relationship between the operational psychologists and the targets of their interventions. Collaborative operational psychology. Collaborative operational psychology (COP) encompasses the traditional operational psychological tasks of personnel assessment, selection, training, evaluation, and overt operations research to maximize personnel performance and survivability for high-‐‑risk military and intelligence operations. It accords with operational medicine, whose official goal is “to maximize performance and survivability of the warfighter” (Naval Operational Medicine Institute, 2011). In COP the targets of psychological intervention ideally share the psychologist’s overall mission and are party to employment or social contracts that limit harm and permit legal representation. Consider, for example, a clinical psychologist instructed to evaluate the mental stability of an employee at a nuclear weapons facility (Picano et al, 2011). This activity fits the profile of COP. Although the evaluation could possibly have adverse consequences for the employee, it is reasonable to expect the employee to share the overriding commitment to the safe operation of the nuclear facility. In addition, by accepting this position the employee has, more or less, agreed to such evaluations and, in principle, judicial recourse is available if the employee disputes a negative assessment. Or consider a clinical psychologist assigned to a Special Forces sniper team 4 Psychology under Fire (Arrigo, Eidelson, & Bennett, 2012) for mental health care (U.S. Army Medical Department, 2010). In this role the psychologist provides care for the sniper, which is again considered collaborative, although the sniper is in an adversarial relationship to his target. Adversarial operational psychology. In contrast with collaborative operational psychology, adversarial operational psychology (AOP) engages psychologists in direct support of deception, coercion, and assault in military and intelligence operations and in covert operations research. It encompasses the tasks of identification and manipulation of adversaries in counterintelligence and counterterrorism operations and of covert behavioral and weapons research on human subjects. The targets of psychological intervention in AOP oppose the psychologist’s mission and/or are subject to non-‐‑stipulated harms. Examples of AOP would be the clinical evaluation of a national security detainee in order to uncover psychological vulnerabilities that will subsequently be exploited in an interrogation of the prisoner for intelligence gathering purposes (Frakt, 2009), or the in-‐‑house psychological evaluation to discredit a whistleblower or moral dissident in a national security setting (Brewer & Arrigo, 2008). Clarifying the Nature of Operational Psychology We emphasize that the COP-‐‑AOP categorization is not simply a good-‐‑bad distinction for two reasons. First, psychological ethics can be irreconcilable with military ethics. For example, obedience to superiors is a virtue in military ethics but a source of caution in psychological ethics; physical courage is central to military ethics but largely irrelevant to psychological ethics. Second, the COP-‐‑AOP categorization does not precisely demarcate ethical professional psychology from unethical professional psychology. Rather, this distinction is a very close approximation that is comprehensible to agents and amenable to institutional implementation. It thereby meets the demands of “psychological realism” in ethics (Flanagan, 1991, p. 32) in a national security setting. Thus, three clarifications are important at this point. First, operational psychology is a specialization area within a much broader realm of psychological knowledge and practice relevant to military and national security settings. Most psychologists whose work supports the U.S. military and other defense-‐‑related agencies are not in operational roles. For example, the many clinical psychologists routinely providing valuable psychological services to soldiers and veterans in VA hospitals and other medical facilities are not engaged in activities characterized as operational psychology. Nor are those psychologists who teach traditional psychology courses at any of the military academies. In contrast, psychologists serving in counterintelligence or counterterrorism roles are working in the operational psychology arena. Second, we write here about collaborative and adversarial operational psychology, not about collaborative and adversarial operational psychologists. For us, the key 5 Psychology under Fire (Arrigo, Eidelson, & Bennett, 2012) considerations and concerns revolve around the operational roles assigned to, or initiated by, psychologists – not the individual psychologists who perform them. By this we mean that it is not our intention to globally categorize people as “ethical professional psychologists” or “unethical professional psychologists.” Instead, our goal is to provide a framework for separating specific operational roles into ethical and unethical categories. In this regard, both COP and AOP involve risks to psychological ethics, and COP activities sometimes transform rapidly into AOP activities – and vice versa – depending upon the assignment and exigencies. But the ethical dilemmas of COP are pliable; they yield to planning, training, monitoring, and negotiation. AOP, on the other hand, has an obdurate core of exploitation essential to the operation and incompatible with independent oversight. Third, we are strictly focused on issues of psychological ethics surrounding the use of psychologists for operational roles in military and other national security settings. We recognize that a non-‐‑psychologist may ethically assume certain roles that it would be unethical for a psychologist to assume. However, with U.S. society under terrorist threat, leading advocates of AOP (e.g., Ewing & Gelles, 2003) argue that the traditional psychological ethics of professional psychology must be adapted to national security exigencies in order to protect society and promote the greater good. In a recently published edited book, Ethical Practice in Operational Psychology (Kennedy & Williams, 2011b), seven papers champion adversarial operational psychology. The editors and many chapter authors are themselves operational psychologists. Three served on the controversial ten-‐‑member APA Presidential Task Force on Psychological Ethics and National Security (PENS), which declared that psychologists serve to keep interrogations of national security detainees safe, legal, ethical, and effective (American Psychological Association, 2005). In sum, while recognizing the valuable contributions of military and intelligence psychologists in collaborative operational psychology, our purpose in this essay is to probe and challenge the ethical underpinnings and practical consequences of adversarial operational psychology. We will argue that: AOP poses irresolvable ethical conflicts for the psychologists involved; APA’s ethics code fails to support the interpretations of AOP advocates; unintended harmful effects of AOP are significant; and proponents of AOP presume its military necessity (e.g., American Psychological Association, 2005; Ewing & Gelles, 2003; Johnson, 2008; Kennedy & Williams, 2011b) without providing evidence. We conclude by offering an ethical framework for further discussion and by emphasizing the urgent and critical need for institutional separation of collaborative operational roles from adversarial operational roles so that no psychologists serve in both capacities during any employment contract period. In our analysis we include the perspectives of several veteran military and intelligence professionals who have worked with military psychologists. Their interviews and correspondence with the first author (Arrigo) have been archived as 6 Psychology under Fire (Arrigo, Eidelson, & Bennett, 2012) cited. These individuals offer alternative viewpoints to the uncritical AOP stance presented by Kennedy and Williams (2011b) and related publications (e.g., Department of the Army, 2010; Ewing & Gelles, 2003; Shumate & Borum, 2006). Adversarial Operational Psychology: Questions and Concerns Which Ethical Codes Apply? From the start, it is important to recognize that all active-‐‑duty military psychologists are fully deployable soldiers – soldiers first, psychologists second (Debatto, 2011; Johnson, 2008). According to the Department of the Army (2010, January 7), U.S. law and military regulations override the APA Ethics Code: The [APA] Ethics Code does not supersede applicable U.S. and international law, regulations, or DoD [Department of Defense] policy.... The Ethics Code pertains only to a psychologist’s activities that are “part of their scientific, educational or professional roles” pertaining to the profession of psychology. The Code does not, therefore, have purview over the psychologist’s role as a Soldier, civilian, or contractor employee that is unrelated to the practice of psychology. For instance, the dictum for beneficence does not pertain to actions against the enemy in combat. (p. 19) At the same time, the U.S. military requires its medical corps personnel, including psychologists, to maintain professional practice licenses with their state licensing boards. This requirement establishes a strong connection between military psychology and the APA Ethics Code because this Code is the foundation for most state licensing board regulations. The U.S. Army regulations for Behavioral Science Consultation Teams (BSCTs) involved in detention and interrogation operations, headed by state-‐‑ licensed clinical psychologists, foreground the APA Ethics Code yet ultimately override it. For operational psychologists there is no official line where, in principle at least, national security missions yield to psychological ethics. The mission comes first. This is why psychologists engaged in AOP are essentially military and intelligence professionals with a specialization in psychology, obliged to adhere to psychological ethics only when compatible with the mission (e.g., Olson & Davis, 2008), as illustrated in the Mohammed Jawad case described below. Operational psychologists who work outside the Department of Defense (DoD) may not even be accountable to military regulations and military ethics. The Detainee Treatment Act of 2005 restricted DoD interrogation techniques to the Human Intelligence Collector Operations, Field Manual 2-‐‑22.3 (U.S. Army Headquarters 2006), which respects the Geneva Conventions – apart from the dispensation for isolation of interrogatees in Appendix M. But only the discretion and authority of President George W. Bush placed 7 Psychology under Fire (Arrigo, Eidelson, & Bennett, 2012) limits on CIA interrogations (Suleman, 2006). Thus veteran military psychologists under CIA contract were able to initiate waterboarding of detainees, which military regulations forbade but the President approved (Shane, 2009). Are Psychologists More Ethical then Doctors and Anthropologists? We can look to the operational experience of sister professions for useful comparisons with operational psychology. The international history of operational medicine and psychiatry is infamous, with the “Nazi doctors” (Lifton, 1986), tactical diagnoses of dissidents by Soviet psychiatrists to justify forced drugging (Warren, 1975), and persistent, worldwide involvement in torture (Vesti & Somnier, 1994). In the United States, adversarial operational medicine and psychiatry flourished secretly in the Army’s “man-‐‑break” biochemical weapons experiments in World War II (Pechura & Rall, 1993), post-‐‑war nuclear weapons development programs (Advisory Committee on Human Radiation Experiments, 2005), and the Cold War CIA behavioral modification project MKULTRA (U.S. Senate, 1977). Early revelations of U.S. torture interrogations in the Iraq War pointed to the involvement of operational physicians (Bloche & Marks, 2005; Miles, 2006) and aroused concern about the psychiatrists initially assigned to BSCTs (Department of Defense, 2002, November 11). In May 2006 the American Psychiatric Association forbade psychiatrists from “being present in the interrogation room, asking or suggesting questions, or advising authorities on the use of specific techniques of interrogation with particular detainees” (American Psychiatric Association, 2006). Assistant Secretary of Defense for Health Affairs William Winkenwerder (2006) responded that psychiatrists could be assigned to interrogations if no qualified psychologists were available, and the DoD continued to train BSCT psychiatrists (Marks & Bloche, 2008). As is true for psychologists, the missions and regulations of national security agencies can override the professional ethics codes of medical personnel. Historically, U.S. anthropologists subjugated Native Americans for the Bureau of Indian Affairs and doubled as spies in World War I (Fleuhr-‐‑Lobban, 2003); developed outrageous ruses for the OSS in World War II (Marks, 1979); facilitated the internment of Japanese-‐‑Americans (Starn, 1986); planned counterinsurgency research in South America under the U.S. Army’s Project Camelot in 1964 (Horowitz, 1974); and advised the CIA’s Phoenix Program on the capture and killing of alleged counterinsurgents in the Vietnam War (Gusterson, 2008). Post-‐‑9/1l, Gusterson (2008) noted that “The Pentagon seems to have decided that anthropology is to the war on terror what physics was to the Cold War.” Secretary of Defense Robert Gates embedded armed anthropologists with “Human Terrain Teams” in combat brigades in Iraq and Afghanistan. The goal was to improve cultural sensitivity, collect intelligence from villagers, and serve as liaisons to local authorities. 8 Psychology under Fire (Arrigo, Eidelson, & Bennett, 2012) The 2009 American Anthropological Association (AAA) Ad Hoc Commission on Anthropology’s Engagement with the Security and Intelligence Communities emphasized the ideal of constructive rather than adversarial engagement between anthropology and the military. The Commission nevertheless attempted to separate professional from adversarial operational duties by declaring the Human Terrain System inconsistent with the AAA Code of Ethics: When ethnographic investigation is determined by military missions, not subject to external review, where data collection occurs in the context of war, integrated into the goals of counterinsurgency, and in a potentially coercive environment ... it can no longer be considered a legitimate professional exercise of anthropology. (American Anthropological Association Commission on the Engagement of Anthropology with the U.S. Security and Intelligence Communities, 2009, p. 3) Advocates for AOP must explain how professional psychologists can adhere to psychological ethics in adversarial operations even though doctors and anthropologists have been uable to adhere to the ethics of their professions in diverse adversarial operations over decades. Who Is the Client of Adversarial Operational Psychology? Like the ethical principles of medicine, psychiatry, anthropology, and law, the principles of psychological ethics evolved to protect the weaker from the stronger. They are designed to protect the patient-‐‑client or research subject, as the relatively unknowledgeable, vulnerable, and exposed party, from the psychologist, as the relatively knowledgeable, authoritative, and unexposed party. Indeed the APA Ethics Code largely mandates the psychologist’s responsibility to individual patient-‐‑clients (American Psychological Association, 2010). Proponents of AOP though interpret the government as an appropriate client and recipient of the operational psychologist’s protection. For example, Dunivin, Banks, Staal, and Stephenson (2011) defend the role of BSCT psychologists in detainee interrogations, arguing that a balance “must be established between ethical responsibilities to an individual and ethical responsibilities to the larger society” (p. 87). Acknowledging that Principle A of the APA Ethics Code – Beneficence and Nonmaleficence – calls upon the psychologist to “do no harm” to the individual being questioned, they claim that Principle B – Fidelity and Responsibility – provides a key counterbalance by protecting the interests of other individuals and the general public. A full reading of Principle B, however, belies this narrow interpretation. Principle B refers not only to psychologists’ being “aware of their professional and scientific responsibilities to society,” but also emphasizes that psychologists “establish 9 Psychology under Fire (Arrigo, Eidelson, & Bennett, 2012) relationships of trust with those with whom they work,” “uphold professional standards of conduct,” “accept appropriate responsibility for their behavior,” “seek to manage conflicts of interest that could lead to exploitation or harm,” and are “concerned about the ethical compliance of their colleagues’ scientific and professional conduct.” Standard 3.08 of the APA Ethics Code on Exploitative Relationships is especially germane here as well (APA, 2010). It states specifically that “Psychologists do not exploit persons over whom they have supervisory, evaluative, or other authority such as clients/patients, students, supervisees, research participants, and employees.” Although disarming, the government-‐‑as-‐‑client analogy is spurious. The reversal of power relations whereby the psychologist serves to protect the collective, stronger party at the expense of the individual, weaker party is a profound alteration – not merely an extension – of traditional ethical practice in psychology. The government-‐‑as-‐‑client analogy also fails as a practical matter when conflict emerges between government authorities. Consider an example from military court records. In 2003, BCST psychologist “X” advised on the interrogation of the teenager Mohammed Jawad at Guantanamo Bay Detention Center. Jawad’s defense attorney, Maj. David Frakt, subsequently subpoenaed Dr. X for the 2008 trial of Jawad by the Guantanamo Military Commission. Frakt (2009, p. 22) later wrote: I also was provided records showing that Mr. Jawad was placed in isolation for two thirty-‐‑day periods.... The [second] period of isolation was ordered by intelligence officials upon the recommendation of the Behavioral Science Consultation Team psychologist [X] to socially, physically and linguistically isolate this teenage boy in order to create complete dependence on his interrogator.... and to break Mr. Jawad and to devastate him emotionally. At the time, Frakt and the psychologist for the defense reported that Dr. X refused to testify, invoking the right to remain silent to avoid self-‐‑incrimination by Section 831, Article 31, of the Uniform Code of Military Justice (Soldz, 2008; S. Soldz, personal communication, May 11, 2011). The government-‐‑as-‐‑client analogy offers no ethical remedy in this case of conflicting obligations to different government clients such as the local commander and the military court. Veteran U.S. Army case officer Julianne McKinney raised an additional point: “Dr. X worked ‘against’ U.S. service members as much as he or she worked against Jawad” through “the lowering of standards and ethical compromises inflicted on inexperienced interrogators who complied with Dr. X’s advice” (2011, July 9).This case may represent rarer abuses of AOP, but proponents need to address the lack of a systematic means of addressing excessive zeal. Williams and Kennedy (2011) seem to incorporate this fervor into the AOP program with alarmist exaggerations such as this: 10
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