AUGUST 2023:

Extraordinary Circumstances….

Extraordinary rendition is a controversial practice employed by the Central Intelligence Agency (CIA) involving the extrajudicial transfer of individuals suspected of terrorism from one country to another. This tactic, often associated with the post-9/11 era, has sparked significant debate due to its implications for human rights and international law.

The origins of extraordinary rendition can be traced back to the Cold War when the United States and its allies used similar tactics to apprehend and interrogate individuals deemed a threat to national security. However, it gained prominence in the aftermath of the September 11, 2001 attacks, as the U.S. government sought aggressive measures to combat global terrorism.

In 2004, critics of the program alleged that torture was used against various subjects with ties to acquaintances of the United States, where transferring a person for the purpose of torture is unlawful. Between 2001 and 2005, CIA officers captured an estimated one hundred and thirtysix people and transported them around the world under the extraordinary rendition program. 

During the George W. Bush administration, persons who were deemed to have undergone torture by receiving countries. Journalists, civil and constitutional rights groups, as well as former detainees of the United States government have alleged that this occurred with the knowledge or cooperation of the administrations in both the United States and the United Kingdom. 

These revelations prompted several official investigations into alleged detentions and unlawful interstate transfers involving Council of Europe members. A report produced in June 2006 estimated that one hundred people had been kidnapped by the CIA on European Union soil with the cooperation of the Council of Europe members and rendered to other countries, usually after having been transited through secret detention centers, often called “black sites,” some of which were located in Europe. According to a separate report in February 2007 by the European Parliament, the CIA has conducted 1,245 flights, many of them to destinations where suspects could face torture, in violation of Article 3 of the United Nations Convention Against Torture. A large majority of the European Union Parliament had endorsed the report’s conclusive evidence that the many member states tolerated illegal actions by the CIA, criticizing several European governments and intelligence agencies for their willingness to cooperate with the investigation. 

In 2009, within days of Barack Obama’s administration, he signed an executive order opposing the extraordinary rendition program and established a task force to provide recommendations about processes to prevent rendition torture. His administration distanced itself from some of the harshest counterterrorism techniques but still permitted the practice of rendition to continue, restricting the transport of suspects to countries with jurisdiction over them for the purpose of prosecution after diplomatic assurances that when receiving the prisoners, they would not be treated inhumanely. 

Rendition, in law, is a transfer of persons from one jurisdiction to another, and the act of handing over, both after legal proceedings and according to law. “Extraordinary rendition,” however, is a rendition that is extralegal. Rendition refers to the transfer; the apprehension, detention, interrogation, and any other practices occurring before and after the movement and exchange of extrajudicial prisoners do not fall into the strict definition of extraordinary rendition. In practice, the term is widely used to describe such practices, particularly the initial apprehension. This latter usage extends to the transfer of suspected terrorists by the US to countries known to torture prisoners or employ harsh interrogation techniques that may rise to the level of torture. 

The Bush administration freely admitted to this practice; stating, among other provisions, that they have specifically asked that torture not be used. However, torture can still occur despite these provisions, and much documentation exists alleging that it has happened in many cases. In these instances, the initial captor allows the possibility of torture by releasing the prisoner into the custody of nations that practice torture.

The next distinction of degree is that of intent, where much of the search for evidence continues. It has been alleged that some of those detainees have been tortured with the knowledge, acquiescence, or even participation of US agencies. A transfer of anyone to anywhere for torture would be a violation of US law. New York attorney Marc D. Falkoff stated that such evidence, i.e. transfer for the purposes of torture, was an operational practice. In a court filing, Falkoff described a classified prisoner transfer memo from Guantanamo as noting that information could not be retrieved, as torture could not be used, and recommending that the prisoner be sent to a nation that practiced torture.

One notable case illustrating the controversial nature of extraordinary rendition is that of Khalid El-Masri. In 2003, El-Masri, a German citizen of Lebanese descent, was mistaken for Khalid al-Masri, a suspected terrorist with alleged links to Al-Qaeda. This case formed the basis of the 2007 American political thriller film Rendition, directed by Gavin Hood.

Khalid El-Masri‘s ordeal began when he was abducted in Macedonia by local authorities in cooperation with the CIA. He was subsequently rendered to a secret prison in Afghanistan, where he endured months of harsh interrogation and mistreatment. Despite realizing the mistaken identity, the U.S. government failed to release El-Masri promptly, exacerbating the human rights violations associated with the practice of extraordinary rendition.

The film Rendition dramatizes El-Masri’s story, shedding light on the ethical dilemmas and human rights abuses inherent in the CIA’s rendition program. The movie features a star-studded cast, including Reese Witherspoon, Jake Gyllenhaal, Meryl Streep, Peter Sarsgaard, Alan Arkin, and Omar Metwally, and serves as a cinematic exploration of the moral complexities surrounding counterterrorism practices.

Critics of extraordinary rendition argue that it violates international law, specifically the prohibition of torture and cruel, inhuman, or degrading treatment. The process of “outsourcing” interrogation to countries with lax human rights standards further intensifies concerns. Additionally, the lack of judicial oversight and due process for the individuals subjected to rendition raises questions about accountability and transparency.

Furthermore, the El-Masri case highlights the potential for intelligence errors and mistaken identities in the implementation of extraordinary rendition. Such errors not only infringe upon the rights of innocent individuals but also undermine the credibility and effectiveness of the intelligence community.

In terms of global diplomacy, the use of extraordinary rendition strains international relations, as the practice often involves the violation of other countries’ sovereignty. Nations subjected to this tactic may view it as a breach of trust and cooperation, hindering collaborative efforts in addressing shared security concerns.

While proponents argue that extraordinary rendition is a necessary tool in the fight against terrorism, the ethical and legal implications associated with the practice cannot be ignored. Striking a balance between national security imperatives and respecting fundamental human rights remains a challenging task for policymakers.

In conclusion, the controversial CIA practice of extraordinary rendition has its roots in the Cold War but gained prominence in the post-9/11 era as a counterterrorism tactic. The case of Khalid El-Masri, upon which the film Rendition is based, exemplifies the ethical and legal challenges associated with this practice. The film serves as a thought-provoking exploration of the moral complexities surrounding counterterrorism efforts, shedding light on the human rights abuses and diplomatic consequences of extraordinary rendition.

Rendition is available now to rent on all streaming platforms…