"If psychologists' ethical responsibilities conflict with law, regulations, or other governing legal authority, psychologists make known their commitment to the Ethics Code and take steps to resolve the conflict. If the conflict is unresolvable via such means, psychologists may adhere to the requirements of the law, regulations, or other governing legal authority."
According to this standard, Gelles' actions, however otherwise in violation of the ethics code, would be "ethical" if carried out in response to an order or "other governing legal authority." As I write this I cannot help but wonder if the Gelles-King case was on the minds of the Ethics Committee as they pondered adopting 1.02. Given the APA's pattern of failing to adequately investigate ethics complaints against military-affiliated psychologists, it is not surprising that they have maintained the Nuremberg Defense despite the APA Council requesting a revision twice over the last four years. The APA is apparently about to adopt another six-month delay in revising this standard despite the obvious unethical behavior it may have facilitated and the serious consequences it has had for the whole profession of psychology
The failure of APA to investigate the Gelles case, and his subsequent appointment to the PENS task force will reinforce recent calls by psychologists and human rights advocates in an Open Letter for, among other actions, annulling the PENS report; bringing in independent attorneys to pursue accountability of psychologists accused of torture or detainee abuse; revision of ethics standard 1.02 and other problematic sections of the ethics code; and for an independent investigation of ties and possible collusion between the APA and the military-intelligence establishment.
APA has a very long way to go if it is to regain the trust of its members and of the public. Concerned APA members at this juncture must decide how long they will wait to see these changes implemented by the APA leadership before they leave the association for a less compromised alternative.
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