7 Ways “Zero Dark Thirty” Excuses Torture
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Bigelow also follows Cheney’s lead into a world of fear. The Bush administration understood that, for their global dreams, including a future invasion of Iraq, to become reality, fear was their best ally. From Terre Haute to El Paso, Portland, Oregon, to Portland, Maine, Americans were to be regularly reminded that they were deeply and eternally endangered by terrorists.
Bigelow similarly keeps the fear monitor bleeping whenever she can. Interspersed with the narrative of the bin Laden chase, she provides often blood-filled footage from terrorist attacks around the globe in the decade after 9/11: the 2004 bombings of oil installations in Khobar, Saudi Arabia, that killed 22; the 2005 suicide bombings in London that killed 56; the 2008 Marriott Hotel bombing in Islamabad that killed 54 people; and the thwarted Times Square bombing of May, 2010. We are in constant jeopardy, she wants us to remember, and uses Maya to remind us of this throughout.
Second, Undermine the Law. Torture is illegal under both American and international law. It was only pronounced “legal” in a series of secret memorandums produced by the Bush Justice Department and approved at the highest levels of the administration. (Top officials, including Cheney and National Security Adviser Condoleezza Rice, evidently even had torture techniques demonstrated for them in the White House before green-lighting them.) Maintaining that there was no way Americans could be kept safe via purely legal methods, they asked for and were given secret legal authority to make torture the go-to option in their Global War on Terror. Yet Bigelow never even nods toward this striking rethinking of the law. She assumes the legality of the acts she portrays up close and personal, only hedging her bets toward the movie’s end when she indicates in passing that the legal system was a potential impediment to getting bin Laden. “Who the hell am I supposed to ask [for confirmation about the courier], some guy at Gitmo who’s all lawyered up?” asks Obama’s national security advisor in the filmic run-up to the raid.
Just as new policies were put in place to legalize torture, so the detention of terror suspects without charges or trials (including people who, we now know, were treated horrifically despite being innocent of anything) became a foundational act of the administration. Specifically, government lawyers were employed to create particularly tortured (if you’ll excuse the word) legal documents exempting detainees from the Geneva Conventions, thus enabling their interrogation under conditions that blatantly violated domestic and international laws.
Zero Dark Thirty accepts without hesitation or question the importance of this unconstitutional detention policy as crucial to the torture program. From the very first days of the war on terror, the U.S. government rounded up individuals globally and began to question them brutally. Whether they actually had information to reveal, whether the government had any concrete evidence against them, they held hundreds -- in the end, thousands -- of detainees in U.S. custody at secret CIA black sites worldwide, in the prisons of allied states known for their own torture policies, at Bagram Detention Center in Afghanistan, and of course at Guantanamo, which was the crown jewel of the Bush administration’s offshore detention system.
Dan and Maya themselves not only travel to secret black sites to obtain valuable information from detainees, but to the cages and interrogation booths at Bagram where men in those now-familiar orange jumpsuits are shown awaiting a nightmare experience. Bigelow's film repeatedly suggests that it was crucially important for national security to keep a pool of potential information sources -- those detainees -- available just in case they might one day turn out to have information.