The Lucifer Effect
formal, rational, and efficient procedures to disguise the substance of what it
does—ignoring the means to justify what its members consider to be higher-order
e n d s .
9 3
Other examples of this mechanism of administrative evil at work include the
Nazis' extermination of Jews in the Holocaust, NASA's role in the Challenger disas-
ter, the promotion of addictive cigarettes by American tobacco company execu-
tives and their hired "scientific experts," and the deceptive business practices of
Enron and other crooked companies. Administrative evil is systemic, in the sense
that it exists beyond any one person once its policies are in place and its proce-
dures take control. Nevertheless, I would argue, organizations must have leaders,
and those leaders must be held accountable for creating or maintaining such evil.
I believe that a system consists of those agents and agencies whose power
and values create or modify the rules of and expectations for "approved behav-
iors" within its sphere of influence. In one sense, the system is more than the sum
of its parts and of its leaders, who also fall under its powerful influences. In an-
other sense, however, the individuals who play key roles in creating a system that
engages in illegal, immoral, and unethical conduct should be held accountable
despite the situational pressures on them.
President Bush and his advisers have been able to alter the War Crimes Act
(of 1 9 9 6 ) by pushing Congress to pass the United States Military Commissions
Act of 2 0 0 6 (Senate Bill 3 9 3 0 ) that he signed on October 1 7 . 2 0 0 6 . It was drafted
in part to rebuff the Supreme Court's decision on Hamdan v. Rumsfeld that has
challenged the administration's use of military tribunals in trials of detainees at
Guantânamo Prison. This new Military Commissions Act provides for a host of
controversial practices relating to the U.S. government's detention and treatment
of "unlawful enemy combatants. " All those so designated are afforded neither the
military rights of soldiers nor those of civilians in civil law. T h e president is given
broad war-time powers to designate anyone as fitting that category, including
American citizens, thereby losing their right of habeas corpus and protections
provided by the Geneva Conventions. They may be imprisoned indefinitely, tried
only by a military tribunal whose judge may use hearsay evidence even when ob-
tained without a search warrant, and whose finding of guilt requires only a two-
thirds majority of tribunal members. In addition, it harbors at least two more
objectionable features: permitting many interrogation tactics that qualify as only
"humiliating," and retroactively protecting all government officials who may
have been involved in "crimes against humanity," including the murder of inter-
rogated detainees by CIA operatives and others. (Thus, virtually all the abuses by
the MPs at Abu Ghraib are now allowable because they would qualify as merely
"humiliating," not as torture.)
Upholding the War Crimes Act and the Geneva Conventions should be indis-
pensable for all civilized nations that choose to live by the rule of law and not by
the rule of power and tyranny. The Military Commissions Act is "a tyrannical law
that will be ranked with the low points in American democracy, our generation's
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