Understanding Abu Ghraib: Accountability, the United States, and the Continuation of Torture
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
I Have Been Working on a Book, Stand-Ins, on The
Workshop Participants: I have been working on a book, Stand-Ins, on the causes and consequences of temporary leadership in government, business, and religion, which is aimed at a more general audience. Given recent events, I have returned to more traditional scholarship to explore some of the issues involving temporary leadership (and the lack thereof) in federal agencies, among other topics. This paper is brand new, incomplete, and unpolished. Given its length, I would recommend reading the Introduction (pp.1-5), Scope of Actings (pp.13-27), and Statutory Questions (pp.33-42). I look forward to your reactions and suggestions for improvement. AJO Actings Anne Joseph O’Connell Stanford Law School April 1, 2019 Please do not cite or distribute beyond the workshop without permission. I. Introduction Stand-in leaders do not usually command much attention. They step up in moments of need to keep organizations running. The stereotypical interim leader is therefore a caretaker—in place to maintain stability; not to implement major changes. But not all interim leaders are caretakers. Some are auditioning for the permanent job. And a few are there to shake up the organization—so-called “fixers”. The scope of temporary leadership is vast—after all, traditional leaders are transitory, and selection procedures for more permanent leaders take time. On the public side, there are interim leaders in all branches of the federal government. In Congress, there are appointed senators, chosen by their state’s governor to fill in for an elected senator who has died or resigned, perhaps in disgrace or perhaps to take a different job. -
United States Army Court of Criminal Appeals
UNITED STATES ARMY COURT OF CRIMINAL APPEALS Before TOZZI, COOK, and MAGGS1 Appellate Military Judges UNITED STATES, Appellee v. Private First Class LYNNDIE R. ENGLAND United States Army, Appellant ARMY 20051170 Headquarters, III Corps and Fort Hood James Pohl, Military Judge Colonel Clyde J. Tate, II, Staff Judge Advocate (pretrial) Colonel Mark Cremin, Staff Judge Advocate (post-trial) For Appellant: Major Timothy W. Thomas, JA (argued); Colonel Christopher J. O’Brien, JA; Captain Frank B. Ulmer, JA (on brief). For Appellee: Captain Nicole L. Fish, JA (argued); Colonel Denise R. Lind, JA; Lieutenant Colonel Mark H. Sydenham, JA; Major Christopher B. Burgess, JA; Captain Nicole L. Fish, JA (on brief). 10 September 2009 ---------------------------------- MEMORANDUM OPINION ---------------------------------- This opinion is issued as an unpublished opinion and, as such, does not serve as precedent. TOZZI, Senior Judge: An officer panel sitting as a general court-martial convicted appellant, contrary to her pleas, of one specification of conspiracy to commit maltreatment, four specifications of maltreatment, and one specification of indecent acts with another, in violation of Articles 81, 93, and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 881, 893, and 934 [hereinafter UCMJ]. The convening authority approved the adjudged sentence of a dishonorable discharge, three years confinement, and reduction to Private E1. The convening authority also waived 1 Judge MAGGS took final action in this case while on active duty. ENGLAND – ARMY 20051170 automatic forfeitures and credited appellant with ten days of confinement credit against the approved sentence to confinement. On appeal, appellant claims, inter alia, that (1) the military judge abused his discretion when he rejected her guilty plea; (2) appellant’s trial defense counsel were ineffective for calling Private (PVT) Charles Graner as a presentencing witness, in the alternative; and (3) information about an Article 15, UCMJ, was erroneously included in the staff judge advocate’s recommendation (SJAR). -
Girls and Violence: the Case for a Feminist Theory of Female Violence
www.crimejusticejournal.com IJCJ 2013 2(2): 63‐79 ISSN 2202–8005 Girls and Violence: The Case for a Feminist Theory of Female Violence Kerry Carrington Queensland University of Technology, Brisbane Abstract Rises recorded for girls’ violence in countries like Australia, Canada, United Kingdom and United States have been hotly contested. One view is these rising rates of violence are an artefact of new forms of policy, policing, criminalisation and social control over young women. Another view is that young women may indeed have become more violent as they have increasingly participated in youth subcultural activities involving gangs and drugs, and cyber‐cultural activities that incite and reward girls’ violence. Any comprehensive explanation will need to address how a complex interplay of cultural, social, behavioural, and policy responses contribute to these rises. This article argues that there is no singular cause, explanation or theory that accounts for the rises in adolescent female violence, and that many of the simple explanations circulating in popular culture are driven by an anti‐feminist ideology. By concentrating on females as victims of violence and very rarely as perpetrators, feminist criminology has for the most part ducked the thorny issue of female violence, leaving a discursive space for anti‐feminist sentiment to reign. The article concludes by arguing the case for developing a feminist theory of female violence. Keywords Female delinquency, feminist criminology, female violence, narrowing gender gap. Global rises in female violence While males still dominate crime statistics as offenders and prisoners, a body of international and national trend data points to a consistent narrowing of the gender gap for officially reported crime and violence in countries like the United States (US), Canada, the United Kingdom (UK) and Australia. -
Interrogation, Detention, and Torture DEBORAH N
Finding Effective Constraints on Executive Power: Interrogation, Detention, and Torture DEBORAH N. PEARLSTEIN* INTRODUCTION .....................................................................................................1255 I. EXECUTIVE POLICY AND PRACTICE: COERCIVE INTERROGATION AND T O RTU RE ....................................................................................................1257 A. Vague or Unlawful Guidance................................................................ 1259 B. Inaction .................................................................................................1268 C. Resources, Training, and a Plan........................................................... 1271 II. ExECuTrVE LIMITs: FINDING CONSTRAINTS THAT WORK ...........................1273 A. The ProfessionalM ilitary...................................................................... 1274 B. The Public Oversight Organizationsof Civil Society ............................1279 C. Activist Federal Courts .........................................................................1288 CONCLUSION ........................................................................................................1295 INTRODUCTION While the courts continue to debate the limits of inherent executive power under the Federal Constitution, the past several years have taught us important lessons about how and to what extent constitutional and sub-constitutional constraints may effectively check the broadest assertions of executive power. Following the publication -
The Abu Ghraib Convictions: a Miscarriage of Justice
Buffalo Public Interest Law Journal Volume 32 Article 4 9-1-2013 The Abu Ghraib Convictions: A Miscarriage of Justice Robert Bejesky Follow this and additional works at: https://digitalcommons.law.buffalo.edu/bpilj Part of the Human Rights Law Commons, and the Military, War, and Peace Commons Recommended Citation Robert Bejesky, The Abu Ghraib Convictions: A Miscarriage of Justice, 32 Buff. Envtl. L.J. 103 (2013). Available at: https://digitalcommons.law.buffalo.edu/bpilj/vol32/iss1/4 This Article is brought to you for free and open access by the Law Journals at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Buffalo Public Interest Law Journal by an authorized editor of Digital Commons @ University at Buffalo School of Law. For more information, please contact [email protected]. THE ABU GHRAIB CONVICTIONS: A MISCARRIAGE OF JUSTICE ROBERT BEJESKYt I. INTRODUCTION ..................... ..... 104 II. IRAQI DETENTIONS ...............................107 A. Dragnet Detentions During the Invasion and Occupation of Iraq.........................107 B. Legal Authority to Detain .............. ..... 111 C. The Abuse at Abu Ghraib .................... 116 D. Chain of Command at Abu Ghraib ..... ........ 119 III. BASIS FOR CRIMINAL CULPABILITY ..... ..... 138 A. Chain of Command ....................... 138 B. Systemic Influences ....................... 140 C. Reduced Rights of Military Personnel and Obedience to Authority ................ ..... 143 D. Interrogator Directives ................ .... -
The Future of ISIS
Analysis This article examines hypotheses regarding the fate of ISIS, based The Future of ISIS: Strengths on studying and analyzing the conditions, mechanisms, and general features that characterized the organization and Weaknesses during the preceding period. This may help frame the discussion of future scenarios and the main Dynamics of the “Virtual variables of each of them. Caliphate” and the Gap in Neither international and regional policies, nor Arab Counterterrorism Strategies regimes, learned the lesson. They did not seek out the actual and objective causes and circumstances behind the rise of ISIS. The thinking of Dr. Muhammad Abu Rumman counterterrorism strategies and November 2020 policies was only to achieve military victories and security work both on the ground and virtually. 1 The Future of ISIS: Strengths and Weaknesses Dynamics of the “Virtual Caliphate” and the Gap in Counterterrorism Strategies Dr. Muhammad Abu Rumman November 2020 3 Abu Rumman, Muhammad “The Future of ISIS: Strengths and Weaknesses ... Dynamics of the “Virtual Caliphate” and the Gap in Counterterrorism Strategies” - Amman: Friedrich Ebert Foundation, 2020 Published in 2020 by Friedrich-Ebert-Stiftung, Jordan & Iraq FES Jordan & Iraq P.O. Box 941876 Amman 11194 Jordan Email: [email protected] Website: www.fes-jordan.org Not for Sale © Friedrich-Ebert-Stiftung All rights reserved. No part of this publication may be reprinted, reproduced or utilized in any form or by any means without prior written permission from the publishers. The views and opinions expressed in this publication are solely those of the original author. They do not necessarily represent those of the Friedrich-Ebert-Stiftung or the editor. -
A Rhetorical Analysis of the Abu Ghraib Prisoner Abuse Scandal Elizabeth Jane Durham Smith Wayne State University
Wayne State University DigitalCommons@WayneState Wayne State University Dissertations 1-1-2010 The nI tersection Of Image, Rhetoric, And Witnessing: A Rhetorical Analysis Of The Abu Ghraib Prisoner Abuse Scandal Elizabeth Jane Durham Smith Wayne State University, Follow this and additional works at: http://digitalcommons.wayne.edu/oa_dissertations Recommended Citation Durham Smith, Elizabeth Jane, "The nI tersection Of Image, Rhetoric, And Witnessing: A Rhetorical Analysis Of The Abu Ghraib Prisoner Abuse Scandal" (2010). Wayne State University Dissertations. Paper 85. This Open Access Dissertation is brought to you for free and open access by DigitalCommons@WayneState. It has been accepted for inclusion in Wayne State University Dissertations by an authorized administrator of DigitalCommons@WayneState. THE INTERSECTION OF IMAGE, RHETORIC AND WITNESSING: A RHETORICAL ANALYSIS OF THE ABU GHRAIB PRISONER ABUSE SCANDAL by ELIZABETH J. DURHAM SMITH DISSERTATION Submitted to the Graduate School of Wayne State University, Detroit, Michigan in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPY 2010 MAJOR: COMMUNICATION Approved by: ________________________________________ Advisor Date ________________________________________ ________________________________________ ________________________________________ ________________________________________ © COPYRIGHT BY ELIZABETH J. DURHAM SMITH 2010 All Rights Reserved DEDICATION Had it not been for these individuals, this journey would never have been undertaken or seen through -
Indirect Constraints on the Office of Legal Counsel: Examining a Role for the Senate Judiciary Committee
Stanford Law Review Volume 73 June 2021 NOTE Indirect Constraints on the Office of Legal Counsel: Examining a Role for the Senate Judiciary Committee William S. Janover* Abstract. As arbiter of the constitutionality of executive actions, the Department of Justice Office of Legal Counsel (OLC) possesses vast authority over the operation of the federal government and is one of the primary vessels for the articulation of executive power. It therefore is not surprising that the OLC has found itself at the center of controversy across Democratic and Republican administrations. OLC opinions have justified the obstruction of valid congressional investigations, the targeted killing of an American citizen overseas, repeated military incursions without congressional approval, and, most infamously, torture. These episodes have generated a significant body of proposals to reform, constrain, or altogether eliminate the OLC. All of these proposals can be categorized as either direct or indirect constraints on how the OLC operates. Direct constraints target how the OLC actually creates its legal work product. Indirect constraints instead focus on the OLC’s personnel or the public scrutiny the Office’s opinions will face. This Note expands on this existing body of research, focusing on how one institution unstudied in this context, the United States Senate Judiciary Committee, can operationalize meaningful indirect constraints on the OLC. Unlike the other actors that scholars have examined, the Committee’s position outside the executive branch allows it to sidestep the President’s ever-expanding reach within the federal bureaucracy. At the same time, the Committee’s oversight powers and its central role in the nomination of both the OLC’s leader and Article III judges give it important constitutional and statutory authority to constrain the Office. -
T-Martial Record
T-MARTIAL RECORD: NAME RED6Rtc.K,LVAni L. ) 1l SSG SSN. ACTIONS CODED: ASSIGNED O: INITIAL PANEL `sr ACCA.. EXAM. DIV. FINAL COMPANION(S): RETURNTHIS.FILE TO: OFFICE OF THE CLERK OF COURT US. ARMY . JU_D1:CIrAR.Y 901 NORTH. STUART STREET" SU ITE -1200 ARLINGTON, VA. 222034 837 VOL OF VOL(S) ND 2 0 0 4 1 1 2 9 ARMY JALS-CC FORM 24, tOCTOBER 2000 . 018660 ACLU-RDI 1755 p.1 DOD-041839 VOL *Ek of VII ORIGINAL COPY VERBATIM' RECORD OF TRIAL2 (and accompanying papers) OF 64)2)424) -21- FREDERICK, Ivan L., II 111111111110 Staff Sergeant (NAME: Last, First Middle Initial) (Social Security Number) (Rank) HHC, 16th MP Bde (ABN) III Corps US Army Victory Base, Iraq (unit/Command Name) (Branch of Service) (Station or Ship) BY GENERAL COURT-MARTIAL CONVENED BY COMMANDING GENERAL (Title of Convening Authority) Headquarters, III Corps (Unit/Command of Convening Authority) TRIED AT Baghdad and Victory Base, Iraq ON 19 May, 21-22 Jun; 24 Aug; 20-21 Oct 04 (Place or Places of Trial) (Date or Dates of Trial) COMPANION CASES: SPC AMBUHL, Megan M., SGT DAVIS, Javal S., SPC GRANER, Charles A., Jr., c6A z, f 2 SPC HARMAN, Sabrina D., SPC SIVITS, Jeremy C., SPC CRUZ, Arman J., PFC ENGLAND, Lynndie R., f Transcript R.490 through prosecutionexh ribits cp o I Insert "verbatim" or summarized" as appropriate. (This form will be used by the Army and Navy for verbatim records of trial only.) 2 See inside back cover for instructions as to preparation and arrangement. -
A Decade After Abu Ghraib: Lessons in Softening up the Enemy and Sex-Based Humiliation
Minnesota Journal of Law & Inequality Volume 31 Issue 1 Article 1 June 2013 A Decade after Abu Ghraib: Lessons in Softening Up the Enemy and Sex-Based Humiliation Johanna Bond Follow this and additional works at: https://lawandinequality.org/ Recommended Citation Johanna Bond, A Decade after Abu Ghraib: Lessons in Softening Up the Enemy and Sex-Based Humiliation, 31(1) LAW & INEQ. 1 (2013). Available at: https://scholarship.law.umn.edu/lawineq/vol31/iss1/1 Minnesota Journal of Law & Inequality is published by the University of Minnesota Libraries Publishing. 1 A Decade After Abu Ghraib: Lessons In "Softening Up" The Enemy and Sex-Based Humiliation Johanna Bondi Introduction In April 2004, many in the United States and around the world watched with horror as the now-infamous photographs of torture and abuse at Abu Ghraib Prison emerged. The photos depicted images of U.S. soldiers engaged in torture and cruel, inhuman, and degrading treatment.! Among other things, the photos documented the sexual abuse and humiliation of Iraqi detainees in the prison.' The photographs depict naked detainees, some of whom were forced to engage in sex acts or simulated sex acts.3 Sworn statements of the detainees at Abu Ghraib reveal a pattern of abuse and degradation, including "details of how they were sexually humiliated and assaulted, threatened with rape, t. Johanna Bond, Associate Dean for Academic Affairs and Associate Professor of Law, Washington & Lee University School of Law. 1. Joshua L. Dratel, The Legal Narrative,in THE TORTURE PAPERS: THE ROAD To ABU GHRAIB xxi (Karen J. Greenberg & Joshua L. -
War on Terrorism
1 The U.S. War on Terror Alex Danchev ‘America is at war,’ reminded the President recently, when the latest plot against America was revealed. This state of war is codified in ‘The National Security Strategy of the United States’, issued from the White House, not to mention ‘The National Defense Strategy of the United States’, issued from the Pentagon.1 George W. Bush is the self-styled war president and self-willed commander-in-chief. As those who have hitched themselves to his chariot have discovered (‘Yo Blair’), what he says goes. ‘I’m the commander, see, I don’t need to explain – I do not need to explain why I say things. That’s the interesting thing about being the president.’2 In an era when wars are commonly supposed to be undeclared – when war itself is a word that dare not speak its name – the ‘global war on terror’ suffers if anything from a surfeit of declaration. The GWOT is among other things a war of words, and acronyms, a war of characterization and mischaracterization. Some of these words are new (‘PUC’),3 or combined in gruesome neologism (‘extraordinary rendition’); some are shop-soiled (‘values’); some are deliberately anodyne (‘detainee’); some are hyperbolic, yet curiously reversible (‘civilization’, ‘barbarian’); some are almost unpronounceable (‘torture’). The National Security Strategy characterizes it as both a war of arms and a war of ideas.4 That appears to be a serviceable enough distinction, as far as it goes, but it has the effect of underwriting a propensity to elevate the former and relegate the latter, at least when it comes to priorities for action and resource allocation. -
The Baghdad Security Plan Begins
A PUBLICATION OF THE INSTITUTE FOR THE STUDY OF WAR AND WEEKLYSTANDARD.COM A PUBLICATION OF THE INSTITUTE FOR THE STUDY OF WAR AND WEEKLYSTANDARD.COM U.S. Army Sgt. Scott Monahan, a tactical human intelligence team leader, collects an entourage of children while on a civil affairs mission in the Rabi area of Adhamiyah, Baghdad, on February 26, 2007. February 10, 2007 – March 5, 2007 Enforcing the Law: The Baghdad Security Plan Begins by KIMBERLY KAGAN This report, the second in a series, describes the purpose, course, and results of Coalition operations in Baghdad during the fi rst three weeks of Operation Enforcing the Law (also known as the Baghdad Security Plan), from General Petraeus’ assumption of command on February 10, 2007, through March 5. It describes the fl ow of American and Iraqi forces into Baghdad; American and Iraqi command relationships; the efforts of those forces to prepare positions and develop intelligence in critical neighborhoods; the limited clearing operations that the forces already in Baghdad have conducted; and operations against the so-called Mahdi army, or Jaysh al Mahdi, in Baghdad. It describes and evaluates the apparent responses of the Jaysh al Mahdi and al Qaeda to these preparations and early operations, and highlights some of the differences between this operation and last year’s offensives in Baghdad, Operations Together Forward I and II. PAGE 1 • FEBRUARY 10, 2007 – MARCH 5, 2007 A PUBLICATION OF THE INSTITUTE FOR THE STUDY OF WAR AND WEEKLYSTANDARD.COM Mission struction missions in Iraq. He requests troops resident Bush announced an increase for Iraq through the United States Central Com- in U.S.