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The Masquerade of Abu Ghraib: State Crime, Torture, and International Law

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The Masquerade of Abu Ghraib: State Crime, Torture, and International Law Western Michigan University ScholarWorks at WMU Dissertations Graduate College 7-2006 The Masquerade of Abu Ghraib: State Crime, Torture, and International Law Dawn Rothe Western Michigan University Follow this and additional works at: https://scholarworks.wmich.edu/dissertations Part of the Criminology Commons, Social Control, Law, Crime, and Deviance Commons, and the Social Psychology and Interaction Commons Recommended Citation Rothe, Dawn, "The Masquerade of Abu Ghraib: State Crime, Torture, and International Law" (2006). Dissertations. 981. https://scholarworks.wmich.edu/dissertations/981 This Dissertation-Open Access is brought to you for free and open access by the Graduate College at ScholarWorks at WMU. It has been accepted for inclusion in Dissertations by an authorized administrator of ScholarWorks at WMU. For more information, please contact [email protected]. THE MASQUERADE OF ABU GHRAIB: STATE CRIME, TORTURE, AND INTERNATIONAL LAW by Dawn Rothe A Dissertation Submitted to the Faculty of The Graduate College in partial fulfillment of the requirements for the Degree of Doctor of Philosophy Department of Sociology Dr. Ronald C. Kramer, Advisor Western Michigan University Kalamazoo, Michigan July 2006 Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. THE MASQUERADE OF ABU GHRAIB: STATE CRIME, TORTURE, AND INTERNATIONAL LAW Dawn Rothe, Ph.D. Western Michigan University, 2006 On April 28, 2004, pictures of abuse and torture of Iraqi detainees at Abu Ghraib prison by U.S. military personnel shocked many Americans. In the wake of the images, it became clear that several military personnel were involved in the acts of torture and abuse. This dissertation explores the interconnections of larger structural factors, state policies, and individual actors in an attempt to understand how and why torture and abuse occurred at Abu Ghraib. It builds upon an integrated theoretical model of state and corporate crime. The dissertation revises this model so that it can better address the complexities of state crime within the international arena. The findings suggest that despite unequivocal individual responsibility, this was not simply a case of a few individual acts committed by rogue soldiers. Rather, a thorough investigation and criminological analysis of the reasons and forces behind the torture at Abu Ghraib suggest that the Executive Branch, the Pentagon, CIA, and Military Commanders bear culpability for the way in which their policies and demands for intelligence altered the traditional handling of prisoners. Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. UMI Number: 3221656 Copyright 2006 by Rothe, Dawn All rights reserved. INFORMATION TO USERS The quality of this reproduction is dependent upon the quality of the copy submitted. Broken or indistinct print, colored or poor quality illustrations and photographs, print bleed-through, substandard margins, and improper alignment can adversely affect reproduction. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if unauthorized copyright material had to be removed, a note will indicate the deletion. ® UMI UMI Microform 3221656 Copyright 2006 by ProQuest Information and Learning Company. All rights reserved. This microform edition is protected against unauthorized copying under Title 17, United States Code. ProQuest Information and Learning Company 300 North Zeeb Road P.O. Box 1346 Ann Arbor, Ml 48106-1346 Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. Copyright by Dawn Rothe 2006 Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. ACKNOWLEDGMENTS I would like to thank Barry Goetz, Susan Carlson, and Don Cooney for agreeing to take time out of their busy schedules to serve on my dissertation committee; your valuable insight and advice is appreciated and guided the finished product. I especially want to thank Susan for being more than a committee or faculty member; your friendship has made a difference in my life and I am grateful for all the times we have shared. I also want to thank Gregg Barak for his invaluable suggestions and support. Gregg, I am grateful for the time you took to read, edit, and comment on earlier drafts. Also, thank you for help in coming up with the title. The context of the collaboration and title creation was special to me. Thanks also to Hope Smith for her excellent copy-editing and formatting. I also want to thank my chair and mentor, Ron Kramer. You have given me more than I can express in this acknowledgment. I thank you for the past several years that you have generously mentored, guided, and supported me. You shared in my joy and wiped many tears; you have been more than an exceptional mentor. While I accept all my shortcomings as my own, many of my strengths and accomplishments are a reflection of all that you have taught and shared with me. I will take your wisdom and guidance that you have shared with me as I move forward into my academic life. I can only hope that someday I am half the mentor that you have been for me. ii Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. Acknowledgments—Continued A heartfelt thank you is also given to Karen Jobe and Dave Kauzlarich. Karen, without you, your teaching passion, and support, I would have stopped with an associate degree. Thank you for your encouragement and for helping me find the sociological path. Please always know as you enter that classroom, you do make a difference. To Dave, thank you so much for your mentoring, support, and friendship. Without you I may never have been turned onto crimes of the state. Additionally, your networking for and with me greatly influenced my academic life. Without you I would never have ended up at Western Michigan University or holding a doctorate degree. Words cannot express the gratitude I feel for an amazing friend that has truly been my rock for the past several years: Christopher W. Mullins. Chris, I do not know where to begin. Thank you for your never-ending friendship and support. I consider you my academic better half. You are truly an amazing cohort, co-author, and lifelong friend. I am so glad we have shared so much Kool-aid, Salud. I thank my children. You make me so proud. Thank you for supporting me through these difficult times and for listening even if you did not understand the ups and downs I was going through. My greatest pride in this life is and shall always be each of you. I thank you Christopher, Nathan, and Hahnna for your love and for being three amazing people. We have endured much together and I am grateful. iii Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. Acknowledgments—Continued Last but by no means least, along my journey many people have made an impact. I do not take it lightly. I have tried to let you know along the way; if I failed to do so, allow me to thank you now. Dawn Rothe iv Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. TABLE OF CONTENTS ACKNOWLEDGMENTS........................................................................................... ii LIST OF FIGURES...................................................................................................... x CHAPTER I. INTRODUCTION........................................................................................... 1 Literature Review........................................ 4 State Theories ...................................................................................... 5 Political Entities.................................................................................. 11 State Crime Literature Review................................................................. 14 Definitional Issues I: Individual Versus State Entity .................... 17 Definitional Issues II: Standards to Be Used .................................. 20 State-Corporate Crimes ..................................................................... 25 Transnational Organizations ............................................................. 27 II. THEORY........................................................................................................... 30 The Dialectic of Structure and Agency .................................................. 30 An Integrated Model of State Crime ...................................................... 33 Division of Controls and Constraints ............................................... 37 Fourth Level of Analysis ................................................................... 43 Method ........................................................................................................ 48 Data Sources....................................................................................... 50 v Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. Table of Contents—Continued CHAPTER III. INTERNATIONAL L A W .............................................................................. 53 History ......................................................................................................... 53 Customary Law, Jus Cogens, and Erga Omnes .............................. 57 War Crimes................................................................................................
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