Interrogation in War and Conflict: Has Europe Learned Any Lessons?

After recent revelations of systematic mistreatment of prisoners at a British military interrogation centre, the European debate on interrogation has been revived once again, and this seems an opportune time to discuss ‘interrogation’ as a transnational military and cultural phenomenon. The modern history of interrogation and interviewing in war and conflict, from the Second World War, the decolonization, the ‘troubles’ in Northern Ireland, the war in Former Yugoslavia and the current ‘war on terror’, shows that there were various transnational approaches in the way intelligence, military and international justice institutions conceived of interrogation and questioning and put it into practice in a European context.

What were the approaches adopted in military interrogation and interviewing and witness/suspect questioning in international justice settings? were there any differences in methods used by liberal states and dictatorial regimes, in total war or counterinsurgency? was the use of harsh methods and torture allowed in the fight against heinous enemies such as Nazi spies and terrorists? Do these methods work?

This paper offers a reflection on the lessons learned from the past on interrogation and questioning in war and conflict, by claiming that these lessons are particularly evident in international law and in the practice of international justice institutions, and less so in military and intelligence contexts. The paper draws on the research done for the forthcoming book Andrew, C. and Tobia, S. Interrogation in War and Conflict. A Comparative and Interdisciplinary Analysis (New York and London: Routledge, forthcoming – February 2014).