The Abu Ghraib Scandal: Visual Performances of American Power
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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---------------------------------- MEMORANDUM OPINION ---------------------------------- This opinion is issued as an unpublished opinion and, as such, does not serve as precedent.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. -
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. -
ABU GHRAIB and the COMMEMORATIVE VIOLENCE of WAR TROPHY PHOTOGRAPHY by Joey Brooke Jakob Master of Arts, University of Manitob
ABU GHRAIB AND THE COMMEMORATIVE VIOLENCE OF WAR TROPHY PHOTOGRAPHY by Joey Brooke Jakob Master of Arts, University of Manitoba, Manitoba, Canada, 2008 Bachelor of Arts, University of Winnipeg, Winnipeg, Canada, 2004 A Dissertation presented to Ryerson University and York University in partial fulfilment of the requirements for the degree of Doctor of Philosophy in the joint program in Communication and Culture Toronto, Ontario, Canada, 2017 ©Joey Brooke Jakob 2017 AUTHOR’S DECLARATION AUTHOR'S DECLARATION FOR ELECTRONIC SUBMISSION OF A DISSERTATION I hereby declare that I am the sole author of this dissertation. This is a true copy of the dissertation, including any required final revisions, as accepted by my examiners. I authorize Ryerson University to lend this dissertation to other institutions or individuals for the purpose of scholarly research. I further authorize Ryerson University to reproduce this dissertation by photocopying or by other means, in total or in part, at the request of other institutions or individuals for the purpose of scholarly research. I understand that my dissertation may be made electronically available to the public. ii ABSTRACT ABU GHRAIB AND THE COMMEMORATIVE VIOLENCE OF WAR TROPHY PHOTOGRAPHY Joey Brooke Jakob Doctor of Philosophy Communication and Culture Ryerson University and York University, 2017 The photographs from the Abu Ghraib scandal are horrific, but they are also understandable. Simply put, the Abu Ghraib photos are purposeful compositions that highlight victory over the enemy Other in war. The photos illustrate sexual and racial violence, founded upon postcolonial narratives, but this is only a starting point for their significance. I address how meaning is made for the U.S. -
The Torture Memos: the Conflict Between a Shift in U.S
Hofstra Law Review Volume 33 | Issue 3 Article 6 2005 The orT ture Memos: The onflicC t Between a Shift in U.S. Policy Towards a Condemnation of Human Rights and International Prohibitions Against the Use of Torture Jonathan Canfield Follow this and additional works at: http://scholarlycommons.law.hofstra.edu/hlr Part of the Law Commons Recommended Citation Canfield, Jonathan (2005) "The orT ture Memos: The onflC ict Between a Shift in .SU . Policy Towards a Condemnation of Human Rights and International Prohibitions Against the Use of Torture," Hofstra Law Review: Vol. 33: Iss. 3, Article 6. Available at: http://scholarlycommons.law.hofstra.edu/hlr/vol33/iss3/6 This document is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Law Review by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. Canfield: The Torture Memos: The Conflict Between a Shift in U.S. Policy To NOTE THE TORTURE MEMOS: THE CONFLICT BETWEEN A SHIFT IN U.S. POLICY TOWARDS A CONDEMNATION OF HUMAN RIGHTS AND INTERNATIONAL PROHIBITIONS AGAINST THE USE OF TORTURE [In the United States, the use of torture] is categorically denounced as a matter ofpolicy and as a tool of state authority.... No official of the government,federal, state or local, civilian or military, is authorized to commit or to instruct anyone else to commit torture. Nor may any official condone or tolerate torture in any form.... No exceptional circumstances may be invoked as a justification of torture. -
Standard Operating Procedure
Presents STANDARD OPERATING PROCEDURE A film by Errol Morris (117 mins, USA, 2008) Distribution Publicity Bonne Smith 1028 Queen Street West Star PR Toronto, Ontario, Canada, M6J 1H6 Tel: 416-488-4436 Tel: 416-516-9775 Fax: 416-516-0651 Fax: 416-488-8438 E-mail: [email protected] E-mail: [email protected] www.mongrelmedia.com High res stills may be downloaded from http://www.mongrelmedia.com/press.html 2 STANDARD OPERATING PROCEDURE Sony Pictures Classics and Participant Productions Present An Errol Morris Film Music by Danny Elfman, Production Designer, Steve Hardie, Edited by Andy Grieve, Steven Hathaway, and Dan Mooney Directors of Photography, Robert Chappell & Robert Richardson, ASC Executive Producers, Jeff Skoll, Diane Weyermann, Martin Levin, Julia Sheehan, and Robert Fernandez Produced by Julie Bilson Ahlberg Produced & Directed by Errol Morris 3 STANDARD OPERATING PROCEDURE Director’s Statement Is it possible for a photograph to change the world? Photographs taken by soldiers in Abu Ghraib prison changed the war in Iraq and changed America’s image of itself. Yet, a central mystery remains. Did the notorious Abu Ghraib photographs constitute evidence of systematic abuse by the American military, or were they documenting the aberrant behavior of a few “bad apples”? We set out to examine the context of these photographs. Why were they taken? What was happening outside the frame? We talked directly to the soldiers who took the photographs and who were in the photographs. Who are these people? What were they thinking? Over two years of investigation, we amassed a million and a half words of interview transcript, thousands of pages of unredacted reports, and hundreds of photographs. -
Brumaria14.Maketa OK
122 Graham Coulter-Smith • Imaging the Unspeakable: Reflections on Art in the Age of Terrorism of worship, love, and devotion to night prayers.” An American voiceover (no doubt provid- “Whoever has succumbed to torture can no longer feel at home in the world” ed on the DVD for export purposes) tells us that an atmosphere of “patient brotherliness and Jean Amery faith filled the martyrs’ house in Kandahar.” And we see footage of the men helping each “At the extreme limit of pain, nothing remains but the conditions of time and space” other read and understand the aircraft manuals, making heroic and collaborative efforts, as Hölderlin the voiceover informs us, “to master the language and technology of the infidel.” And the images of the departed martyrs superimposed onto the rolling sand dunes “The calamity of the rightless is not that they are deprived of life, liberty, and the pursuit of happi- of Afghanistan reminded one of the visual device of the ghosts of the British navy com- ness, or of equality before the law and freedom of opinion—formulas which were designed to solve mandos marching forward as the credits roll at the end of the WWII movie Cockleshell He- problems within given communities—but that they no longer belong to any community whatsoever” roes, 1955. The claims made for the nineteen martyrs’ actions are grandiose: they are, for Hannah Arendt example, the “destroyers of the American spirit.” Quite the reverse, American neo-conserv- atives used 9/11 to revive American morale which had flagged substantially after the deba- cle in Vietnam. -
Congressional Record—House H3090
H3090 CONGRESSIONAL RECORD — HOUSE May 10, 2005 Third, Major General Geoffrey Miller: Ac- military judge, Col. James Pohl, declared a credibility the American occupation of Iraq cording to the Center for American Progress: mistrial after Pvt. Charles A. Graner Jr., a was clinging to when it happened. The hope, ‘‘a Guantanamo commander, Maj. Gen. Geof- former guard at Abu Ghraib, testified that at the time, was that the United States the photos were taken for training purposes. would show the world that it was different, frey Miller, was sent to Abu Ghraib to That testimony undermined England’s ad- that it would be accountable. ‘‘Gitmoize’’ it. Under his command, the Inter- mission that she knew her actions were ‘‘Watch America. Watch how we deal with national Committee of the Red Cross found in- wrong and her acceptance of responsibility. this,’’ then-Secretary of State Colin Powell terrogation techniques at Guantanamo Bay But England and the the few other enlisted said almost a year ago in a commencement are ‘‘tantamount to torture.’’ ‘‘Harsh methods’’ men and women who have faced courts mar- speech at Wake Forest University. ‘‘Watch used at the prison include forced enemas, tial in the scandal should not be the only how a nation such as ours will not tolerate sleep deprivation and chaining prisoners to ones to pay a price for what happened at Abu such actions. The world will see that we chairs and leaving them ‘‘to soil themselves.’’ Ghraib. High-level military and administra- are still a nation with a moral code that de- tion officials must not be allowed to escape fines our national character.’’ Just weeks after he visited Iraq, the now-infa- responsibility for a scandal that is far more There was reason to hope. -
Prosecuting Abuses of Detainees in U.S. Counter- Terrorism Operations
International Center for Transitional Justice CRIMINAL JUSTICE FOR CRIMINAL POLICY: Prosecuting Abuses of Detainees in U.S. Counter- terrorism Operations An ICTJ Policy Paper November 2009 Carolyn Patty Blum, Lisa Magarrell, Marieke Wierda Cover Image: Redacted page (52) from Counterterrorism Detention and Interrogation Activities (September 2001-October 2003), a May 2004 Special Review by the CIA’s Office of the Inspector General. Portions of that report have been declassified through litigation by the American Civil Liberties Union and other organizations under the Freedom of Information Act. The Bush administration released a few paragraphs and lines of the report in May 2008 and the Obama administration went considerably further in an August 2009 reclassification. Regardless, this page and many others, including all of the In- spector General’s recommendations, remain classified as of this writing. Ques- tions persist about the full scope of abuses under U.S. policies on rendition, de- tention and interrogation. ICTJ’s policy paper relies on declassified information and other reporting to make the case for a thorough criminal investigation of abuses in counterterrorism policy and operations. Such an investigation must include those parts of the “dark side” still hidden from public view. CRIMINAL JUSTICE FOR CRIMINAL POLICY: Prosecuting Abuses of Detainees in U.S. Counter- terrorism Operations November 2009 An ICTJ Policy Paper Carolyn Patty Blum, Lisa Magarrell, Marieke Wierda International Center for Transitional Justice ICTJ New York 5 Hanover Square, 24th Floor New York, NY 10004 Tel + 1 917 637 3800 Fax + 1 917 637 3900 About ICTJ About the U.S. Accountability Project The International Center for Transitional Justice works The U.S. -
Case 1:08-Cv-00827-GBL-JFA Document 254 Filed 04/04/13 Page 1 of 55 Pageid# 3263
Case 1:08-cv-00827-GBL-JFA Document 254 Filed 04/04/13 Page 1 of 55 PageID# 3263 IN THE UNITED STATES DISTRICT COURT FOR TilE EASTERN DISTRICT OF VIRGINIA SUIIAIL NAJIM. ABDULLAII AL SHIMARI ) CIVIL ACTION TAHA YASEEN ARRAQ RASII1D ) NO. 08-cv-0827 GBL-JFA ASAAI) IIAMZA FIANFOOSI'I AL-ZUBA'E CIVIL COMPLAINT SALAEI LIASAN NSAIF JASIM AT.,-EJAILI JURY DEMAND Plaintiffs, REDACTEI) PUBLIC VERSION V. CAC PREMIER TECHNOLOGY, INC. 11 00 North (ilchc Road Arlington, Virginia 22201 Defendant. THIRD AMENDED COMPLAINT Plaintiffs are thur Iraqi civilians who were victims of the Abu Ghraib prison abuse scandal. As was well-publicized in the spring of 2004, detainees at the "Hard Site" within Abe Ghraib prison were brutally tortured and otherwise seriously abused by persons conspiring and otherwise acting together. Included among the conspirators inflicting severe pain on Plaintiffs were employees of a defense contractor commonly known as "CAC." Indeed, according to testimony and statements by military co-conspirators, CACI employees Steven Stcfiinowicz (commonly known as "Big Steve"), Daniel Johnson (commonly known as "DJ") and Timothy Dugan directed and caused much of the egregious torture and abuse at Abu Ghraib. JURISDICTION AND VENUE 2. This Court has original jurisdiction over the subject matter of this action pursuant to 28 U.S.C. § 1331 (federal question); 28 U.S.C. § 1332 (diversity jurisdiction); 28 U.S.C. § 1350 (Alien Tort Statute); and 28 U.S.C. § 1367 (supplemental jurisdiction). 6053919v.i Case 1:08-cv-00827-GBL-JFA Document 254 Filed 04/04/13 Page 2 of 55 PageID# 3264 3. -
How the War on Crime Helped Make the War on Terror Possible James Forman, Jr.*
EXPORTING HARSHNESS: HOW THE WAR ON CRIME HELPED MAKE THE WAR ON TERROR POSSIBLE JAMES FORMAN, JR.* I. INTRODUCTION During the Bush administration, opponents of the prosecution of the war on terror routinely denounced it as a betrayal of American values. The narrative went like this: the United States has a long-standing commitment to human rights and due process, reflected in its domestic criminal justice system's expansive protections, but after September 11, 2001, President Bush, Vice President Cheney, Defense Secretary Rumsfeld, and their allies dishonored this tradition. Consider the argument of Neal Katyal, the lead civilian lawyer for Salim Hamdan, Osama bin Laden's driver. Katyal describes meeting his client for the first time, when Hamdan asked him, "Why are you doing this?" Katyal responded: The reason that I am here is that my parents came to America with eight dollars in their pocket.... They came to America for a simple reason: they could land on its shores and they'd be treated fairly and their children would be treated fairly. And when the president issued this military order, which said, "If you're one of them, if you're a green card holder"-as my parents were-"or if you're a foreigner ... you get the beat-up Chevy version of Justice. You get sent to Guantanamo. But if you're an American citizen, accused of the most heinous crime imaginable, the detonation of a weapon of mass destruction, you get the Gold Standard. You get the American Civilian Trial." I told him that's why I was so offended.