Newly released U.S. government documents, detailing how Bush
administration officials punched legalistic holes in the Geneva Conventions'
protections of war captives, stand in stark contrast to the outrage some of the
same officials expressed in the first week of the Iraq war when Iraqi TV
interviewed several captured American soldiers.
Then Defense Secretary Donald Rumsfeld, President George W.
Bush and other administration officials orchestrated a chorus of outrage,
citing those TV scenes as proof of the Iraq�s government contempt for
international law in general and the Geneva Convention in particular.
�It is a blatant violation of the Geneva Convention to
humiliate and abuse prisoners of war or to harm them in any way. As President
Bush said yesterday, those who harm POWs will be found and punished as war
criminals,� Pentagon
spokeswoman Victoria Clarke said on March 24, 2003.
That same day, Deputy
Defense Secretary Paul Wolfowitz told BBC that �the Geneva Convention is
very clear on the rules for treating prisoners. They're not supposed to be
tortured or abused, they're not supposed to be intimidated, they're not
supposed to be made public displays of humiliation or insult, and we're going
to be in a position to hold those Iraqi officials who are mistreating our
prisoners accountable, and they've got to stop.�
At a March
25, 2003, press briefing about progress in the U.S.-led invasion, Secretary
Rumfeld said, �This war is an act of self defense, to be sure, but it is also
an act of humanity. . . . In recent days, the world has witnessed further
evidence of their [Iraqi] brutality and their disregard for the laws of war.
Their treatment of coalition POWs is a violation of the Geneva Conventions.�
The U.S. corporate news media also assisted in this
one-sided indictment by uncritically reporting the administration�s complaints
while staying silent on the fact that just days earlier, American TV had run
scenes of captured Iraqi soldiers, some forced to kneel down at gunpoint to be
patted down by U.S. soldiers.
This behavior of the U.S. corporate news media during the
early phase of the Iraq War fit with its lack of skepticism in the months leading
up to the March 19, 2003, invasion as Bush administration officials spoon-fed
the press false intelligence alleging secret Iraqi WMD stockpiles and covert
links to al-Qaeda terrorists allegedly responsible for the 9/11 attacks.
So, perhaps it should have come as no surprise when the U.S.
corporate news media treated the TV footage of American POWs as further
evidence that Iraq was run by a lawless regime with no respect for the rules of
war.
Stunning hypocrisy
In retrospect -- now with much more of the documentary
record available -- the disparity between the administration�s outrage toward
the Iraqis for showing the video and the abuse inflicted by the U.S. government
on captives from the Iraq and Afghan wars is stunning.
Declassified documents reveal that the Bush administration
concocted legal theories to justify sidestepping the Geneva Conventions when it
came to prisoners incarcerated at Guantanamo Bay, at secret CIA prisons and at
various locations in Iraq, including Abu Ghraib where shocking photos were
leaked of sexual and physical abuse in 2004.
Indeed, while U.S. government officials were preaching to
Iraqis about the rules of war, the Bush administration was seven months into a
secret interrogation program that authorized CIA interrogators to question
Afghan and al-Qaeda detainees using brutal methods.
The techniques included painful �stress positions,� forced
nudity in cold conditions and the simulated drowning of waterboarding,
practices that human rights organizations say violated Geneva and anti-torture
laws.
The Bush administration also ordered the CIA to engage in
�extraordinary renditions,� which involved kidnapping terror suspects and
shipping them to countries that are known to practice torture.
If held to the same standards that the Bush administration
demanded of the Iraqi military, U.S. officials implicated in these policies
would be guilty of violating the Geneva Conventions, said Claire Tixeire, a
human rights attorney with the Center for Constitutional Rights in New York.
�They clearly knew that the laws of war were supposed to
apply to prisoners apprehended by the United States in Afghanistan and Iraq,
but they found every legal loophole to find ways it didn't apply to the U.S.
side,� Tixeire said in an interview.
Tixeire, whose organization is defending some of the
prisoners at Guantanamo Bay, said that while U.S. officials may have had a
point in accusing the Iraqi military of violating the Geneva Conventions over
the TV interviews, the way the U.S. treated Iraqi captives was much worse.
�It�s clear to me these actions came down from the very
top,� Tixeire said. �Denying prisoners of war humane treatment is the greatest
breach of the Geneva Convention. It's a war crime. They put U.S. troops at risk
for being treated inhumanely if they were captured.�
When asked recently about the past statements about Iraqi
violations of the Geneva Conventions, representatives for Clarke, Wolfowitz and
Rumsfeld said the now-former officials would not comment for this story.
Anti-torture laws
The actions of the Bush administration also flouted the 1984
"Convention Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment," which was approved by 145 nations, including the
United States. It declares that: "No exceptional circumstances whatsoever,
whether a state of war or a threat of war, internal political instability or
any other public emergency, may be invoked as a justification of torture."
Moreover, the convention says individuals who resort to
torture cannot defend their actions by saying they were acting on orders from
superiors and it mandates that torturers be prosecuted wherever they are found.
The United States signed the Convention Against Torture in
1988 under President Ronald Reagan, who hailed it as �a significant step� in
preventing torture, which he called �an abhorrent practice unfortunately still
prevalent in the world today.�
In a May 20, 1988, message to the U.S. Senate, Reagan noted
that �the core provisions of the Convention establish a regime for
international cooperation in the criminal prosecution of torturers relying on
so-called �universal jurisdiction.��
According to that provision, �each state party is required
either to prosecute torturers who are found in its territory or to extradite them
to other countries for prosecution.�
It was this convention, ratified by the Senate in 1994, that
Bush administration officials sought to bypass with legal memos, many drafted
by John Yoo of the Justice Department�s Office of Legal Counsel.
The administration memos argued that the Geneva Conventions
did not apply to detainees in the �war on terror� and that President Bush�s
commander-in-chief powers allowed him to ignore laws in the interest of
protecting the nation.
The record now shows that during the same week in March 2003
-- when Rumsfeld was publicly berating Iraq for violating the Geneva
Conventions by broadcasting footage of American POW�s -- he was engaged in
drafting a top-secret plan that would give military interrogators at Guantanamo
wide latitude to use harsher techniques to obtain information from prisoners.
Rumsfeld signed off on the plan on April 2, 2003, according
to documents declassified and turned over to the American Civil Liberties Union
last month in response to a Freedom of Information Act lawsuit.
Though some of the more extreme techniques were dropped as
the list was winnowed down to 24 from 35, the final set of interrogation
methods Rumsfeld approved still included tactics for isolating and demeaning a
detainee, known as "pride and ego down."
Such degrading tactics would appear to contravene the Geneva
Conventions, which bar abusive or demeaning treatment of captives.
Reports of abuse
Weeks after the Iraq invasion, human rights groups started
receiving information about the abuse of dozens of Iraqi prisoners at Camp
Cropper, Camp Bucca and Abu Ghraib, and the deaths of two prisoners, one of
whom died from a crushed larynx, and the other from a hard blow to the head.
Amnesty International sent a letter to the head of the U.S.
occupation, Paul Bremer, on June 26, 2003, raising concerns about abuses during
house searches, treatment during arrest and detention, people being forced to
lie face down on the ground; use of hoods or blind folds, exposure to sun and
heat for hours, limited amount of water supplied, and lack of proper washing
and toilet facilities.
One month later, Amnesty International released a report,
"Iraq: memorandum on concerns relating to law and order," warning of
allegations of torture and abuse in U.S. prisons, including Abu Ghraib.
"Regrettably, testimonies from recently released
detainees held at Camp Cropper and Abu Ghraib Prison do not suggest that
conditions of detention have improved," the report said.
There are "a number of reports of cases of detainees
who have died in custody, mostly as a result of shooting by members of the
Coalition forces." A Saudi national "alleged that he was subjected to
beatings and electric shocks."
Photographs backing up these allegations would surface a
year later in two investigative news reports, one by Seymour Hersh of The New
Yorker and the other by "60 Minutes II," which detailed the
systematic abuse of Iraqi prisoners at Abu Ghraib.
Months before the worldwide condemnation of the treatment of
the Abu Ghraib prisoners, Rumsfeld sent Maj. Gen. Geoffrey D. Miller to Baghdad
from Guantanamo Bay to �hit back at the [Iraqi] insurgents . . . through
unorthodox means,� according to a May
10, 2004, front-page story in the Washington Post.
"He came up there and told me he was going to
'Gitmoize' the detention operation," turning it into a hub of
interrogation, said Brig. Gen. Janis L. Karpinski, then commander of the US
military prison system in Iraq, according to the Post.
Hersh wrote in The New Yorker�s May 24, 2004, issue that
�the roots of the Abu Ghraib prison scandal lie not in the criminal
inclinations of a few Army reservists but in a decision, approved last year
[2003] by Secretary of Defense Donald Rumsfeld, to expand a highly secret
operation, which had been focused on the hunt for Al Qaeda, to the
interrogation of prisoners in Iraq. . . .
�The solution, endorsed by Rumsfeld and carried out by
Stephen Cambone, was to get tough with those Iraqis in the Army prison system
who were suspected of being insurgents. . . . Rumsfeld and Cambone went a step
further, [bringing] unconventional methods to Abu Ghraib. . . . The male
prisoners could be treated roughly, and exposed to sexual humiliation.�
Tarnished image
Amrit Singh, a staff attorney at the ACLU�s Immigrant Rights
Project and the co-author of Administration
of Torture, added that Rumsfeld and other top Bush administration officials
by �holding up the Geneva Convention and saying it did not apply to some
prisoners have tarnished the image of the U.S. throughout the world.�
Even after the programs governing interrogations were
exposed, Rumsfeld made sure that a loophole in a new Defense Department policy
issued in November 2005, which barred torture and called for the
"humane" treatment of detainees, gave him and his deputy the
authority to override it.
"Intelligence interrogations will be conducted in
accordance with applicable law, this directive and implementing plans,
policies, orders, directives, and doctrine developed by DoD components and
approved by USD (I), unless otherwise authorized, in writing, by the secretary
of defense or deputy secretary of defense," the policy says. "USD
(I)" refers to the undersecretary of defense for intelligence.
Rumsfeld resigned in November 2006.
Jason
Leopold is the author of "News Junkie," a memoir. Visit
www.newsjunkiebook.com for a
preview.