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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---------------------------------- MEMORANDUM OPINION ---------------------------------- This opinion is issued as an unpublished opinion and, as such, does not serve as precedent.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). -
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 -
Taguba Annex 25-26
~ .~ : DATE: 28 JAN 04 FROM: SAC , ABO GRHUYEB PRISON COMPLEX (CID) TO: DIRECTOR , USACFC , USACIDC , FORT BELVOIR , VA COR, HQOSACIDC / /CIOP-ZA// COR , 10TH MP EN (CID) (ABN) (FWD) / /OPS!! COR , 3D MP GROUP (CID)//OPS// SJ1\, 410 LNO CT D , CJTF- 7 (FOR FURTHER DISTR IBUT ION) COR , 8 a OTH r1P BDE COR, 320TH MP BN COR , 20STH MI BDE SUBJECT: CID REPORT - 7TH STATUS/SSI - 0003- 04- C1 D~ 83130- 6CI SC2R/S Y2B/ 5Y2 01 SY2 E/ SX1 / 5M3 / SXS 1 SX7 DRAFTER: PIERON, TYLER M. RELEASER: ARTHUR , PAUL UNCLASSIFIED - FOR OFFICIA~ USE ONLY 1. DATES/TIMES/LOCATIONS OF OCCU~RENCES: . 10 SEP 03/0001 - 9 NOV 03/2400; WING 1A. I ' I' AREA, BAGHDAD CORRECTIONAL FACI~ITY , ABU GHRUYEB. T r 15 Jan 04/1520 - 19 Jan 04/2400; UNKNOWN L .,. IU\j BAGHDAD CORRECTIONAL FACILITY , ABU GHRUYEB, IRAQ 14 JAN 04/0656 - 14 ,TAN 04/1115; ABU GHRUJ OFFICE; ABU GHRUYEB I IRAQ DATE/TIME REPORTED: 13 JAN 04/221'1 3. INVESTIGATED BY: SA PAUL D. ARTHUR, 5474; SA Tl PIERON, 6128; SA ~~NORA 1EM, 5914; SA JAMES BOERNEF - . f; SA WARREN WORTH, 5434; SA SCOTT BOBECK , 5684 4. SUBJECT: 1. (ADDJ GRANER JR., CHARLES ALLAN; ; M; WHITE; ; PITTSBURG, PAl 37~ MILITARY POLICE COMPANY, CUMBERLAND , MD ~150?; CT; (DEPLOYED TO ABU GHRUYEB PRISON, IRAQ); (ASSAULT) , 'ECENT ACTS) (DERELICTION OF DUTYj (FAILURE TO OBEY AN OFU REGULATIONJ (CRUELTY AND MALTREATMENT) (CONSPIRA=~J V~ E~) ~' ENDANGERMENT J -; -; - . -~= 2. (ADD) FREDERICK II, IVAN LO~JELL; S ND t'-L ; M; WHITE; OAKLAND, IvJD; 372 L,p' POLICE COMPANY , CUMBERLAND, MD 21502; CT; (DEPLOYEC' GHRUYEB PRISON, IRAQ); lASSAUITj lINDECENT 1I,CTS I (DERELICTION OF DUTYj (FAILURE TO OBEY AN ORDER OR REGULATIONj (CRUELTY AND MALTREATMENTj (CONSPIRACY! (OBSTRUCTION OF JUSTICEj (RECKLESS E'.NDANGERMENT J 3. -
Taguba Report
ARTICLE 15-6 INVESTIGATION OF THE 800th MILITARY POLICE BRIGADE SECRET/NO FOREIGN DISSEMINATION TABLE OF CONTENTS References ……………………………………………………………….. 3 Background …………………………………………………………….. 6 Assessment of DoD Counter-Terrorism Interrogation and Detention Operations In Iraq (MG Miller’s Assessment).……….…………………………….. 8 IO Comments on MG Miller’s Assessment..……………………………. 8 Report on Detention and Corrections In Iraq (MG Ryder’s Report)…………………………….……………… 9 IO Comments on MG Ryder’s Report…...……………….…………….. 12 Preliminary Investigative Actions ………………………..…………….. 12 Findings and Recommendations Part One (Detainee Abuse). ……………………………………………. 15 Findings ………………………………………………………… 15 Recommendations ……………………………………………… 20 Part Two (Escapes and Accountability) ………………………………... 22 Findings ………………………………………………………… 22 Recommendations. …………………………………………….. 31 Part Three (Command Climate, Etc…). ………………………………... 34 Findings ………………………………………………………… 36 Recommendations ……………………………………………… 44 Other Findings/Observations …………………………………………... 49 Conclusion ……………………………………………………………… 50 Annexes ………………………………………………………………… 51 2 References 1. Geneva Convention Relative to the Treatment of Prisoners of War, 12 August 1949 2. Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in the Armed Forces in the Field, 12 August 1949 3. Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, 12 August 1949 4. Geneva Convention Protocol Relative to the Status of Refugees, 1967 5. Geneva Convention Relative to the Status of Refugees, 1951 6. Geneva Convention for the Protection of War Victims, 12 August 1949 7. Geneva Convention Relative to the Protection of Civilian Persons in Time of War, 12 August 1949 8. DOD Directive 5100.69, “DOD Program for Prisoners of War and other Detainees,” 27 December 1972 9. DOD Directive 5100.77 “DOD Law of War Program,” 10 July 1979 10. STANAG No. 2044, Procedures for Dealing with Prisoners of War (PW) (Edition 5), 28 June 1994 11. -
Accountability for Abu Ghraib Torture by Private Military Contractors
Accountability for Abu Ghraib Torture by Private Military Contractors The release of the photographs and video document- Abuse and fraud by contractors in both countries have ing horrific torture of Iraqi prisoners detained by the been rampant.2 U.S. at Abu Ghraib drew demands for accountability and redress from around the world, including from top Currently there is no effective U.S. system of contractor Bush Administration officials. Subsequent investiga- accountability and oversight in place. Generally speaking, tions led to the court-martial of a small number of low- the US Department of Justice (DoJ) is responsible for level U.S. soldiers as well as documentation of the role investigating and prosecuting these incidents. However, played in the torture at Abu Ghraib and other deten- the DoJ has too often failed to prosecute even the most tion facilities by contractors from two U.S. corpora- serious of human rights abuses by contractors, including tions: Engility Corporation (formerly L-3 Services and but not limited to the torture that took place at Abu Titan Corporation) and CACI International, Inc. Engility Ghraib and other detention centers in Iraq. Several in- was initially hired to provide translation services for vestigations into torture, including by the military itself, U.S. personnel at Iraqi prisons. CACI was contracted have concluded that CACI and L-3 contractors participat- to provide interrogation services. Publically available ed in “sadistic, blatant, and wanton criminal abuses.” But information reveals that employees from both corpora- no contractors have been charged with these crimes by tions were part of the conspiracy to torture Iraqi de- the DoJ. -
Iraq in Crisis
MAY 2014 Iraq in Crisis ANTHONY H. CORDESMAN AND SAM KHAZAI AND SAM ANTHONY H. CORDESMAN 1616 Rhode Island Avenue NW| Washington DC 20036 t. (202) 887-0200 | f. (202) 775-3199 | www.csis.org Iraq in ROWMAN & LITTLEFIELD Lanham • Boulder • New York • Toronto • Plymouth, UK 4501 Forbes Boulevard, Lanham, MD 20706 t. (800) 462-6420 | f. (301) 429-5749 | www.rowman.com Crisis AUTHORS Cover photo: Photo by Kaveh Seyedahmadian. http://www.flickr.com/photos/samanvari/3388535986/. Anthony H. Cordesman ROWMAN & LITTLEFIELD ROWMAN & LITTLEFIELD ISBN 978-1-4422-2855-9 Sam Khazai Ë|xHSLEOCy228559z v*:+:!:+:! A Report of the CSIS Burke Chair in Strategy Blank Iraq in Crisis Authors Anthony H. Cordesman Sam Khazai A Report of the CSIS Burke Chair in Strategy May 2014 ROWMAN & LITTLEFIELD Lanham • Boulder • New York • Toronto • Plymouth, UK About CSIS For over 50 years, the Center for Strategic and International Studies (CSIS) has worked to develop solutions to the world’s greatest policy challenges. Today, CSIS scholars are providing strategic insights and bipartisan policy solutions to help decisionmakers chart a course toward a better world. CSIS is a nonprofit organization headquartered in Washington, D.C. The Center’s 220 full-time staff and large network of affiliated scholars conduct research and analysis and develop policy initiatives that look into the future and anticipate change. Founded at the height of the Cold War by David M. Abshire and Admiral Arleigh Burke, CSIS was dedicated to finding ways to sustain American prominence and prosperity as a force for good in the world. Since 1962, CSIS has become one of the world’s preeminent international institutions focused on defense and security; regional stability; and transnational challenges ranging from energy and climate to global health and economic integration. -
The End of U.S. Military Detainee Operations at Abu Ghraib, Iraq
University of Central Florida STARS Electronic Theses and Dissertations, 2004-2019 2009 The End Of U.S. Military Detainee Operations At Abu Ghraib, Iraq Michael Allgood University of Central Florida Part of the Military and Veterans Studies Commons, and the Military History Commons Find similar works at: https://stars.library.ucf.edu/etd University of Central Florida Libraries http://library.ucf.edu This Masters Thesis (Open Access) is brought to you for free and open access by STARS. It has been accepted for inclusion in Electronic Theses and Dissertations, 2004-2019 by an authorized administrator of STARS. For more information, please contact [email protected]. STARS Citation Allgood, Michael, "The End Of U.S. Military Detainee Operations At Abu Ghraib, Iraq" (2009). Electronic Theses and Dissertations, 2004-2019. 4091. https://stars.library.ucf.edu/etd/4091 THE END OF U.S. MILITARY DETAINEE OPERATIONS AT ABU GHRAIB, IRAQ by MICHAEL C. ALLGOOD B.S. University of Central Florida, 2000 M.S. University of Central Florida, 2002 A thesis submitted in partial fulfillment of the requirements for the degree of Master of Arts in the Department of Interdisciplinary Studies in the College of Graduate Studies at the University of Central Florida Orlando, Florida Spring Term 2009 ABSTRACT Operation Iraqi Freedom launched with the backing of U.S. Coalition Forces (CF) on March 20, 2003 to remove Saddam Hussein from power. The United States occupied Iraq by bombing and cleansing Iraq of weapons (Dahabour 105-130). During the first year of occupation U.S. soldiers at the detention facility Abu Ghraib tortured detainees in their charge. -
Here to Stay and Growing: Combating ISIS Propaganda Networks the Brookings Project on U.S
Here to stay and growing: Combating ISIS propaganda networks The Brookings Project on U.S. Relations with the Islamic World U.S.-Islamic World Forum Papers 2015 October 2015 Alberto M. Fernandez The Brookings Institution is a nonprofit organization devoted to independent research and policy solutions. Its mission is to conduct high-quality, independent research and, based on that research, to provide in- novative, practical recommendations for policymakers and the public. The conclusions and recommendations of any Brookings publication are solely those of its author(s), and do not reflect the views of the Institu- tion, its management, or its other scholars. Project on U.S. Relations with the Islamic World Center for Middle East Policy at Brookings Brookings recognizes that the value it provides to any supporter is in its absolute commitment to quality, 1775 Massachusetts Avenue, NW independence and impact. Activities supported by its Washington, DC 20036 donors reflect this commitment and the analysis and recommendations are not determined by any donation. www.brookings.edu/islamic-world STEERING n 2015, we returned to Doha for the views of the participants of the work- COMMITTEE the 12th annual U.S.-Islamic World ing groups or the Brookings Institution. MArtiN INDYK Forum. Co-convened annually by Select working group papers will be avail- Executive Ithe Brookings Project on U.S. Relations able on our website. Vice President with the Islamic World and the State of Brookings Qatar, the Forum is the premier inter- We would like to take this opportunity BRUCE JONES national gathering of leaders in govern- to thank the State of Qatar for its sup- Vice President ment, civil society, academia, business, port in convening the Forum with us. -
The Status of Detainees from the Iraq and Afghanistan Conflicts
Texas A&M University School of Law Texas A&M Law Scholarship Faculty Scholarship 1-2005 The Status of Detainees from the Iraq and Afghanistan Conflicts Srividhya Ragavan Texas A&M University School of Law, [email protected] Michael S. Mireles Follow this and additional works at: https://scholarship.law.tamu.edu/facscholar Part of the International Law Commons, and the Military, War, and Peace Commons Recommended Citation Srividhya Ragavan & Michael S. Mireles, The Status of Detainees from the Iraq and Afghanistan Conflicts, 2005 Utah L. Rev. 619 (2005). Available at: https://scholarship.law.tamu.edu/facscholar/549 This Article is brought to you for free and open access by Texas A&M Law Scholarship. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Texas A&M Law Scholarship. For more information, please contact [email protected]. The Status of Detainees from the Iraq and Afghanistan Conflicts Srividhya Ragavan* Michael S. Mireles, Jr.** I. INTRODUCTION On April 29, 2004, CBS 60 Minutes II horrified its viewers by showing photographs of prisoners in humiliating poses taken at the United States' Abu Ghraib prison in Iraq.1 CBS relayed that the United States Army discharged from duty seventeen American soldiers, on charges of mistreating prisoners held at Abu Ghraib.2 The world watched one more postwar American action in Iraq, disastrous by even the most optimistic accounts. High-ranking United States government officials expressed concern, disgust, and disappointment over the behavior of "a few bad apples" amidst the American soldiers.3 The exact reason for the prison abuse was unknown. -
Abu Ghraib and Beyond: Torture As an Extension of the Desiring Machine
Abu Ghraib and Beyond: Torture as an Extension of the Desiring Machine by Hania A.M. Nashef INTRODUCTION No barrel, even though it’s lost a hoop Or end-piece, ever gapes as one whom I saw ripped right from his chin to where we fart: his bowels hung between his legs, one saw his vitals and the miserable sack that makes of what we swallow excrement. While I was all intent on watching him, he looked at me, and with his hands he spread his chest and said: “See how I split myself! See now how maimed Mohammed is! And he who walks and weeps before me is Ali, whose face is opened wide from chin to forelock. (Dante 259) The above quotation is the description of Prophet Mohammed’s journey through hell according to the Italian poet, Dante, in The Divine Comedy. In his discussion of Dante’s Inferno, in Orientalism, Edward Said (1995: 68) notes that Prophet Mohammed occupies the eighth circle in the nine circles of Hell. To reach Mohammed, Dante has to pass through “circles containing people whose sins are of a lesser order: the lustful, the avaricious, the gluttonous, the heretics, the wrathful, the suicidal, the blasphemous” (Ibid.: 68). Only falsifiers and traitors supplant Mohammed in evilness, before one actually reaches the bottom of hell. (Ibid.: 58) Given the Saggi /Ensayos/Essais/Essays 79 N. 8 – 11/2012 intrinsically perceived evil nature of Mohammed, he can only be subjected to the worst kind of torture. Said (Ibid.: 68) adds that Mohammed’s punishment is not merely his logical eternal fate but is also a castigation of the most repugnant kind.