Thursday, December 16, 2004
Torture, abuse, human rights...and international law
The
Bush administration is becoming synonymous with a policy of torture
and abuse. As new information continues to emerge, Bush has rewarded
many of the key players responsible for perpetuating the attitude
responsible for systemic abuse and violations of international law.
Bush has affirmed Secretary of Defense Donald Rumsfeld
to continue in his role during a second administration; and White
House Counsel Alberto Gonzalez, who is the author of the leaked January 25, 2002 memo that attempted to justify the
suspension of the Geneva Convention, has been nominated to be the
new Attorney General (see previous
post on Gonzalez.)
As ACLU Executive Director Anthony D. Romero said
today in a press release, "This kind of widespread abuse could
not have taken place without a leadership failure of the highest
order" (14 Dec 2004). That leadership failure certainly includes
Rumsfeld, Gonzalez and Bush, among others
in the administration.
Will it be more of the same for the next four years or will Americans
demand accountability from their officials and respect for human
dignity? Will we "abide by a principle long enshrined in our
military manuals: That America does not treat prisoners in ways
we would consider immoral and illegal if perpetrated by the enemy
on Americans", as articulated in a statement by John Kerry
a few months ago (20 Oct 2004, Washington Post; cf. 28
Oct 2004, Dworkin)? American values
rest on the respect of life and liberty, and condoning torture (implicitly
or explicitly) is a self-evident violation of those fundamental
values.
Below are resources on the issues of torture, prisoner abuse, international
humanitarian law and human rights...in the putative "war on
terror."
-
Adam
Three Misconceptions about the Laws of War
By Jelena Pejic (29 Oct 2004, Crimes of War Project)
After decades of being debated among the initiated few, the basic concepts of the laws of war seem finally to have captured the public's attention. The rights of prisoners of war, the meaning of humane treatment and the duties of occupying powers are just some of the issues currently being discussed at both international conferences and dinner tables. The bright spotlight directed at international humanitarian law (the preferred designation for the laws of war) is welcome news for those who care about the protection of persons affected by armed conflict. However, there is also a risk of interpretations that do not take into account the delicate balance between state security and individual rights that underlies this body of rules. Outlined below are three examples:
1. The existence of a global "war on terrorism"
2. "Unlawful combatants" have minimal (or no) rights
3. Different rules of interrogation for different detainees
Torture
By Nicole Pope (Crimes of War: The Book)
Torture is used not just to hurt physically,
but also to humiliate the victim, which is why prisoners are often
left naked during torture sessions, and rape or pain inflicted
on the genitals are among the most commonly used forms of torture.
In fact, attacks of a sexual nature are so widespread in time
of conflict that Article 27 of the Fourth Geneva Convention specifically
refers to the treatment of women who should be defended against
"rape, enforced prostitution, or any form of indecent assault."
Protecting human dignity in all circumstances is in fact the whole
spirit behind the Geneva Conventions.
Read full chapter...
Information resources:
Media coverage:
- U.S. Marines Engaged in Mock Executions of Iraqi Juveniles and Other Forms of Abuse, Documents Obtained by ACLU Reveal (14 Dec 2004, ACLU)
- "Details of Marines Mistreating Prisoners in Iraq Are Revealed," by Richard A. Serrano (15 Dec 2004, LA Times)
- Two prisoners dead in custody in Afghanistan: Pentagon (15 Dec 2004, Australian Broadcasting Corporation)
- "Rumsfeld must go," by Joan Vennochi (16 Dec 2004, Boston Globe)
- New Documents Show Marines Tortured Iraqis, Pentagon Admits 8 Detainees Died in U.S. Custody in Afghanistan (16 Dec 2004, Democracy Now!)
"No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment."
~ The Universal Declaration of Human Rights, Article 5 (1948)