Why Sentencing A Torturer Makes Us Feel Good While Fixing Nothing

Why Sentencing A Torturer Makes Us Feel Good While Fixing Nothing

The applause echoing outside the federal courthouse in California felt earned. A Syrian prison boss, implicated in unspeakable atrocities at a detention facility during the civil war, just caught a sixty-year sentence. Human rights organizations celebrated a victory for universal jurisdiction. Editorial boards published breathless pieces about the long arm of international law catching up to monsters.

Everyone wants to believe the courtroom is where justice lives. Everyone wants to think that locking an aging bureaucrat behind bars in a country he never lived in solves the mechanics of state-sponsored terror.

It does not. It is a comforting fiction.

We are treating a systemic industrial slaughter apparatus like a common street crime, and the applause is drowning out the reality that the architecture of state torture remains entirely untouched, fully funded, and ready for the next dictator.

Let us look past the theater of the verdict. Universal jurisdiction is celebrated as the great equalizer of the twenty-first century. If you commit war crimes, you can never sleep easy. Somewhere, a prosecutor in Munich, Paris, or Los Angeles is assembling a dossier.

Except the math does not work. The Syrian regime operated dozens of facilities like the one run by this man. Tens of thousands of people passed through them. Torture was not an aberration driven by a few sadistic rogues; it was the standard operating procedure of a survivalist state. When you prosecute one man to sixty years, you are not dismantling a system. You are issuing a receipt. You are performing a ritual sacrifice that allows Western legal systems to pat themselves on the back while the architects of the same machinery continue to cut diplomatic deals and trade oil.

The lazy consensus is that punishing individuals deters future abusers. It does not. An intelligence officer or prison warden in a totalitarian regime does not look at a California courtroom verdict and decide to find Jesus. They look at it and realize the game is about survival, patronage, and keeping their patron in power. If the regime falls, you flee to a country with a weak passport; if you stay, you keep your head down. A trial ten thousand miles away in a language the accused barely speaks is an occupational hazard, like a roof leak.

We confuse moral catharsis with political efficacy.

Consider the mechanics of how these cases are built. They rely on diaspora testimony, smuggled photographs, and fragmented paper trails. Investigators spend years piecing together the timeline of a cellar in Damascus. The legal bar is impossibly high, requiring prosecutors to prove individual criminal responsibility within a bureaucratic hierarchy designed to obscure accountability.

When a conviction finally lands, it feels monumental because the process is so agonizingly slow. But scale it against reality. If it takes six years and millions of dollars to secure a single conviction for a mid-level manager of terror, the system is mathematically incapable of delivering justice to the scale of modern atrocities. You cannot prosecute your way out of genocide or mass state torture using the rules of criminal procedure designed for bank robbers.

The true purpose of these trials is not justice for the victims. It is absolution for the international community.

When Western governments shake hands with warlords, rehabilitate autocrats, and look the other way during refugee crises, they accumulate a massive moral debt. Staging a high-profile prosecution in a domestic court is the currency used to pay off that debt. It signals that the international order still has teeth, even as those teeth fail to bite anyone who still holds an army or an oil well.

We pretend that borders do not matter for human rights. But they matter immensely for enforcement. By outsourcing accountability to domestic courts in California or Sweden, we create a boutique tier of justice. It applies only to the unlucky few who travel outside their protected spheres, who lose political cover, or who fail to calculate the reach of migrant advocacy networks. The powerful ones, the architects who signed the orders and designed the budget lines, remain untouched in capitals that welcome them with red carpets or quiet diplomatic immunity.

If we actually cared about stopping torture, we would stop funding the conditions that make it inevitable. We would choke off the financial lifelines of regimes that use disappearance as a governance strategy. We would overhaul immigration laws so that victims fleeing these exact prisons do not have to spend years proving their trauma to hostile bureaucrats in the very countries celebrating these distant court verdicts.

Instead, we prefer the movie ending. We prefer the gavel falling, the headlines flashing, and the collective sigh of relief that evil has been addressed.

The man is in prison. The system that made him is fine. Sleep well.

AM

Amelia Miller

Amelia Miller has built a reputation for clear, engaging writing that transforms complex subjects into stories readers can connect with and understand.