It is in fact illegal to torture someone as well as it being morally wrong. Indeed, it could constitute a crime against humanity or a war crime depending on circumstances. The United States, which has signed the United Nations Convention Against Torture and is bound by it, has thereby accepted legal sanctions to back up the view that torture is never permissible. Under US law, torture committed by "government officials and their collaborators upon a person restrained by the government is a felony punishable by up to 20 years in federal prison, and its fruits are inadmissible in all courts." Given that background, one is astonished to learn that some in the government have not taken the obligation seriously. To be sure, the US has been quick to react when lower ranking officials, contractors and ordinary soldiers have reportedly been involved in torturing prisoners, as occurred with Abu Ghraib prior to 2004, but the higher one goes up the ladder of power the less do laws apply to even the most egregious misbehavior.

It has long been known that the Central Intelligence Agency (CIA), in the wake of 9/11, resorted to torture in its overseas "black" prisons, but details of what took place and anything that would stand up in court as evidence has been difficult to discern as it has been easy for the Agency to shroud its more nefarious deeds through claims of protecting "states secrets." But now some more details have emerged. The news that former Donald Trump appointed CIA Director Gina Haspel during her tour overseeing a prison in Thailand in 2002 personally observed at least one terrorist suspect being tortured by waterboarding, which simulates being drowned repeatedly until a confession is obtained. Waterboarding was used by the Japanese on prisoners of war in the Second World War and was subsequently considered to be torture, a war crime.