Abu Ghraib Scandal and the U.S
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The American Experience with Diplomacy and Military Restraint I
PART I: THE AmERICAN EXPERIENCE WITH DIPLOMACY AND MILITARY RESTRAINT i. Orphaned Diplomats: The American Struggle to Match Diplomacy with Power Jeremi Suri E. Gordon Fox Professor of History and Director, European Union Center of Excellence, University of Wisconsin, Madison Benjamin Franklin spent the American Revolution in Paris. He had helped to draft the Declaration of Independence in the summer of 1776, one of the most radical documents of the eighteenth century—sparking rebellion on both sides of the Atlantic Ocean. Serving as a representative for the Continental Congress in France during the next decade, Franklin became a celebrity. He was the enlightened idealist from the frontier, the man of principled action who enthralled onlookers in the rigid European class societies of the 1770s and ’80s. Franklin embodied the American critique of Old World society, economy, and diplomacy. He was one of many American revolutionaries to take aim at the degenerate world of powdered wigs, fancy uniforms, and silver-service dinners where the great men of Europe decided the fate of distant societies. Franklin was a representative of the enduring American urge to replace the diplomacy of aristocrats with the openness and freedom of democrats.1 Despite his radical criticisms of aristocracy, Franklin was also a prominent participant in Parisian salons. To the consternation of John Adams and John Jay, he dined most evenings with the most conservative elements of French high society. Unlike Adams, he did not refuse to dress the part. For all his frontiers- man claims, Franklin relished high-society silver-service meals, especially if generous portions of wine were available for the guests. -
Self-Censorship and the First Amendment Robert A
Notre Dame Journal of Law, Ethics & Public Policy Volume 25 Article 2 Issue 1 Symposium on Censorship & the Media 1-1-2012 Self-Censorship and the First Amendment Robert A. Sedler Follow this and additional works at: http://scholarship.law.nd.edu/ndjlepp Recommended Citation Robert A. Sedler, Self-Censorship and the First Amendment, 25 Notre Dame J.L. Ethics & Pub. Pol'y 13 (2012). Available at: http://scholarship.law.nd.edu/ndjlepp/vol25/iss1/2 This Article is brought to you for free and open access by the Notre Dame Journal of Law, Ethics & Public Policy at NDLScholarship. It has been accepted for inclusion in Notre Dame Journal of Law, Ethics & Public Policy by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. ARTICLES SELF-CENSORSHIP AND THE FIRST AMENDMENT ROBERT A. SEDLER* I. INTRODUCTION Self-censorship refers to the decision by an individual or group to refrain from speaking and to the decision by a media organization to refrain from publishing information. Whenever an individual or group or the media engages in self-censorship, the values of the First Amendment are compromised, because the public is denied information or ideas.' It should not be sur- prising, therefore, that the principles, doctrines, and precedents of what I refer to as "the law of the First Amendment"' are designed to prevent self-censorship premised on fear of govern- mental sanctions against expression. This fear-induced self-cen- sorship will here be called "self-censorship bad." At the same time, the First Amendment also values and pro- tects a right to silence. -
Land Reform from Post-Apartheid South Africa Catherine M
Boston College Environmental Affairs Law Review Volume 20 | Issue 4 Article 4 8-1-1993 Land Reform from Post-Apartheid South Africa Catherine M. Coles Follow this and additional works at: http://lawdigitalcommons.bc.edu/ealr Part of the Land Use Law Commons Recommended Citation Catherine M. Coles, Land Reform from Post-Apartheid South Africa, 20 B.C. Envtl. Aff. L. Rev. 699 (1993), http://lawdigitalcommons.bc.edu/ealr/vol20/iss4/4 This Comments is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Environmental Affairs Law Review by an authorized editor of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. LAND REFORM FOR POST-APARTHEID SOUTH AFRICA Catherine M. Coles* I. INTRODUCTION...................................................... 700 II. LAND SYSTEMS IN COLLISION: PRECOLONIAL AND COLONIAL LAND SYSTEMS IN SOUTH AFRICA. 703 A. An Overview of Precolonial Land Systems. 703 B. Changing Rights to Landfor Indigenous South African Peoples Under European Rule. 706 III. THE INSTITUTIONALIZATION OF RACIAL INEQUALITY AND APART- HEID THROUGH A LAND PROGRAM. 711 A. Legislative Development of the Apartheid Land Program. 712 B. The Apartheid System of Racial Zoning in Practice: Limiting the Land Rights of Black South Africans. 716 1. Homelands and National States: Limiting Black Access to Land by Restricting Citizenship. 716 2. Restricting Black Land Rights in Rural Areas Outside the Homelands through State Control. 720 3. Restricting Black Access to Urban Land..................... 721 IV. DISMANTLING APARTHEID: THE NATIONAL PARTY'S PLAN FOR LAND REFORM............................................................ -
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Joan Shorenstein Center on the Press, Politics and Public Policy Discussion Paper Series Leading the Way to Better News: The Role of Leadership in a World Where Most of the “Powers That Be” Became the “Powers That Were” By Geoffrey Cowan Shorenstein Center Fellow, Fall 2007 University Professor and Annenberg Family Chair in Communication Leadership, University of Southern California February 15, 2008 #D-44 © 2008 President and Fellows of Harvard College. All rights reserved. Abstract During the past several years, as traditional news operations have faced sharp declines in circulation, advertising, viewership, and audiences, and as they have begun to make a seemingly unrelenting series of cuts in the newsroom budgets, scholars and professionals have been seeking formulas or models designed to reverse the trend. During those same years, many of the major news organizations that dominated the landscape a generation ago, those that David Halberstam called “The Powers That Be,” have lost their leadership role and been absorbed by other companies. This paper argues that while there is good reason to worry about the decline in what might be called “boots-on-the-ground” journalism, there are reasons to be hopeful. While most of those concerned with the topic have urged structural changes in ownership, this paper argues that the key is leadership. To understand the demands on leaders, it is essential to understand which of three motives is most important to the publication’s owners: profits, influence, or personal prestige. Each motive presents distinct challenges and opportunities. Looking at the fate of a number of large media organizations over the past decade, the paper argues that the most important model for success is outstanding leadership that combines a talent for business, entrepreneurship and innovation with a profound commitment to great journalism. -
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 ................ .... -
My Name Is Samuel Provance and I Grew up Williamsburg, Virginia
p~ãìÉä=gK=mêçî~åÅÉ= mêÉé~êÉÇ=pí~íÉãÉåí= My name is Samuel Provance and I come from Greenville, SC. I enlisted in the United States Army in NVVU and sought a specialization in intelligence in OMMO. I was drawn to the Army by the professional training and good life it promised, but also because it provided me an opportunity to serve my country. The Army has stood for duty, honor and country. In wearing my country’s service uniform and risking my life for my country’s protection, it never occurred to me that I might be required to be a part of things that conflict with these values of duty, honor and country. But my experience in Iraq and later in Germany left me troubled by what has happened to the Army. I saw the traditional values of military service as I understood them compromised or undermined. I am still proud to be a soldier and to wear the uniform of the United States Army. But I am concerned about what the Army is becoming. While serving with my unit in Iraq, I became aware of changes in the procedures in which I and my fellow soldiers were trained. These changes involved using procedures which we previously did not use, and had been trained not to use, and in involving military police (MP) personnel in “preparation” of detainees who were to be interrogated. Some detainees were treated in an incorrect and immoral fashion as a result of these changes. After what had happened at Abu Ghraib became a matter of public knowledge, and there was a demand for action, young soldiers were scapegoated while superiors misrepresented what had happened and tried to misdirect attention away from what was really going on. -
Conflicted: the New York Times and the Bias Question Epilogue CSJ-10
CSJ‐ 10‐ 0034.2 PO Conflicted: The New York Times and the Bias Question Epilogue New York Times Executive Editor Bill Keller’s rebuttal ran adjacent to Ombudsman Clark Hoyt’s column on the Times’ website on February 6, 2010. Neither Hoyt’s column nor Keller’s response ran in the paper. Keller opened by offering a quick and forceful endorsement of the Times’ Jerusalem bureau chief, Ethan Bronner. Then Keller argued that the decision to keep Bronner in Jerusalem was made out of respect for open‐minded readers who, he said, Hoyt improperly implied were not capable of distinguishing reality from appearances. He noted that the paper’s rulebook properly gave editors wide latitude to act in conflict of interest cases. Indeed, he continued, a journalist’s personal connections to a subject could contribute depth and texture to their reporting. As examples, he cited C.J. Chivers, Anthony Shadid, and Nazila Fathi. However, he chose not to go into detail about their biographies. Nor did he write about columnist Thomas Friedman and the instances in which he was touched by the Israeli‐Palestinian conflict. Instead, Keller observed that, as a reader, he could discern nothing in these journalists’ reporting that betrayed their personal feeling about the issues they covered. Finally, he closed with the argument that the paper had to be careful not to capitulate to partisans on either side of a conflict. To submit to their demands would rob the paper of experienced journalists like Bronner, whereas in fact the partisans were incapable of fairly evaluating him. This did not mean, he said, that he was denying the significance of Bronner’s family connections to Israel. -
Depauw University Department of Political Science International Terrorism
DePauw University Department of Political Science International Terrorism POLS 390A Sunil K. Sahu [email protected] Spring 2017 Asbury 108A TTh 10:00-11:30 Hours: M 2:00-4:00, TTh 4:00-5:00 and by appointment Asbury 117 Web site: http://fs6.depauw.edu:50080/~sahus/ SYLLABUS A Short Description: President Trump’s January 29, 2017 controversial Executive Order to temporarily ban Muslims from seven majority-Muslim nations (Syria, Iran, Iraq, Libya, Somalia, Sudan and Yemen) from entering the United States is part of the new administration’s pledge to wage a more aggressive campaign against terrorist groups worldwide. Terrorism has been a major security concern for the United States and NATO allies for more than fifteen years. While the U.S. fought two wars (Afghanistan and Iraq) following the 9/11 attacks, killed Osama Bin Laden (in 2011), and significantly degraded al Qaeda, a new terrorist group, ISIS, more violent and brutal than al Qaeda, proclaimed a worldwide caliphate in June 2014 and now controls parts of Syria and Iraq. This course is designed to understand the phenomenon of contemporary terrorism, its cause, consequence, and the security challenge it poses to Western democracies, especially the United States. I have multiple objectives in this course. First, we will examine various definitions of terrorism and distinguish between political suicide, religious fanaticism, fighting for political freedom, and state-sponsored terrorism. Second, we will study the difference between state-sponsored terrorism during and after the Cold War. During the Cold War, the Soviet Union employed terrorism as a form of low-intensity warfare to advance its interests at the expense of the United States and other Western democracies. -
Diagnosing and Analyzing Flawed Investigations: Abu Ghraib As a Case Study
C A R D O Z O L AW R EVIEW de•novo • Featured Item • DIAGNOSING AND ANALYZING FLAWED INVESTIGATIONS: ABU GHRAIB AS A CASE STUDY Keith Rohman* We think of investigation as a road to truth, and truth as the goal of an investigation. Yet time and again, high- visibility investigations of public scandals not only fail to uncover the truth, they seem to redirect the focus in the wrong direction. The Department of Defense‘s (DoD) investigations of the detainee abuse scandal at the Abu Ghraib prison are a recent example of this. With the departure of the Bush Administration, there is renewed interest in examining both the Abu Ghraib scandal and other aspects of the administration‘s interrogation policies. Senator Patrick Leahy, the Senate Judiciary Committee chairman, has proposed a truth commission along the lines of the South Africa Truth and Reconciliation Commission.1 Others have called for Congressional hearings,2 criminal investigations,3 * Keith Rohman is president of Public Interest Investigations, Inc. and an Adjunct Professor of Law at Loyola Law School of Los Angeles. His practice focuses on human rights and civil rights investigations. He is the lead investigator for plaintiffs‘ attorneys representing torture victims from Abu Ghraib in Saleh v. CACI et al, and related litigation, and has interviewed torture victims, as well as former soldiers and private contractors who worked at the Abu Ghraib prison. This article would not have been possible without the assistance of Molly Kort, Patrick J. Burke and Jack Rohman. The author thanks them and others for their assistance. -
WHEN CIVILIANS ARE TARGETS What Will It Take to Stop the Carnage?
Winners of the Overseas Press Club Awards 2017 Annual Edition DATELINE WHEN CIVILIANS ARE TARGETS What will it take to stop the carnage? DATELINE 2017 1 President’s Letter / dEIdRE dEPkE here is a theme to our gathering tonight at the 78th entries, narrowing them to our 22 winners. Our judging process was annual Overseas Press Club Gala, and it’s not an easy one. ably led by Scott Kraft of the Los Our work as journalists across the globe is under Angeles Times. Sarah Lubman headed our din- unprecedented and frightening attack. Since the conflict in ner committee, setting new records TSyria began in 2011, 107 journalists there have been killed, according the for participation. She was support- Committee to Protect Journalists. That’s more members of the press corps ed by Bill Holstein, past president of the OPC and current head of to die than were lost during 20 years of war in Vietnam. In the past year, the OPC Foundation’s board, and our colleagues also have been fatally targeted in Iraq, Yemen and Ukraine. assisted by her Brunswick colleague Beatriz Garcia. Since 2013, the Islamic State has captured or killed 11 journalists. Almost This outstanding issue of Date- 300 reporters, editors and photographers are being illegally detained by line was edited by Michael Serrill, a past president of the OPC. Vera governments around the world, with at least 81 journalists imprisoned Naughton is the designer (she also in Turkey alone. And at home, we have been labeled the “enemy of the recently updated the OPC logo). -
The Manipulator Ahmad Chalabi Pushed a Tainted Case for War
New Yorker | http://www.newyorker.com/printable/?fact/040607fa_fact1 29 May 2004 a reporter at large The Manipulator Ahmad Chalabi pushed a tainted case for war. Can he survive the occupation? by Jane Mayer hmad Chalabi, the wealthy Iraqi Shiite who spent more than a decade working Afor the overthrow of Saddam Hussein, prides himself on his understanding of the United States and its history. “I know quite a lot about it,” he told me not long ago. It was after midnight in Baghdad, but he was still in his office in the new headquarters of the Iraqi National Congress, the exile opposition group that Chalabi helped found in . As a young man, he said, he spent several years in America, earning an under- graduate and a master’s degree in mathematics from ..., and a Ph.D. in mathematics from the University of Chicago. Chalabi began studying the uses of power in American politics, and the subject developed into a lifelong interest. One episode in American his- tory particularly fascinated him, he said. “I followed very closely how Roosevelt, who abhorred the Nazis, at a time when isolationist sentiment was paramount in the United States, managed adroitly to persuade the American people to go to war. I studied it with a great deal of respect; we learned a lot from it. The Lend-Lease program com- mitted Roosevelt to enter on Britain’s side—so we had the Iraq Liberation Act, which committed the American people for the liberation against Saddam.” The act, which Congress passed in , made “regime change” in Iraq an official priority of the . -
OCR Document
THE AMERICAN UNIVERSITY IN CAIRO Center for Migration and Refugee Studies (CMRS) Iraqis in Egypt A Statistical Survey in 2008 (A provisional Copy) Philippe Fargues, Saeed El-Masry, Sara Sadek & Azza Shaban December 2008 Research plan phase: Maysa Ayoub Saeed El-Masry, PhD Philippe Fargues, PhD Ray Jureidini, PhD Maged Osman, PhD Sara Sadek Azza Shaban Fieldwork supervision: Fityani Hegazi, PhD Data management: Mohamed Emam Report: Draft Prepared by: Sara Sadek with contributions from: Philippe Fargues, PhD and Saeed Elmasry, PhD Edited by: Christine Fandrich 2 Acknowledgments The Center for Migration and Refugee Studies (CMRS) and the Institute of Decision and Support Center (IDSC) would like to extend their gratitude to: • The Iraqis in Egypt who welcomed researchers at their homes and took the time to answer the questions and present their experiences. • The two Iraqi gatekeepers, Hassanein Al-Khafajy and Bashar Sayed for facilitating fieldwork to the research team. • Prof. Barbara Harell-Bond for helping the project team reach the Iraqi community networks. • Dr. Hussein Abd El-Aziz for his efforts in supervising data management • IDSC research and data-entry teams for their efforts in conducting the questionnaire with the Iraqi families and administering data entry. • Ford Foundation for funding this research project. • All the staff at CMRS and IDSC who participated in the different phases of the project. 3 List of Acronyms CMRS The Centre for Migration and Refugee Studies IDSC Information and Decision Support Centre UNHCR United Nations High Commissioner for Refugees IOM International Organization for Migration 4 Table of Contents Acknowledgments…………………………………………………………………………… 3 List of Acronyms…………………………………………………………………………….. 4 Executive Summary………………………………………………………………………….