who was responsible for abu ghraib

Although he was probably misjudged based on the principles set forward in the trial, the principles are themselves valuable. Because people are not doing what they should be [doing]. Available at http://avalon.law.yale.edu/imt/09-30-46.asp. Is that a clear situation for somebody trying to deal with that? However, also those who did not know what was going on are to blame. the earlier questions of whether individuals knew or should have known that abuse would take place. Welsh, S. C. ‘Abu Ghraib Court Martial: "Ring Leader" Spc. Available at http://www.icrc.org/ihl.nsf/FULL/470. And those people are fueled by the desire of the president and the leadership of the country to find that silver bullet. Available at: http://law2.umkc.edu/faculty/projects/ftrials/mylai/MYL_uscma.htm. You know, we've just recently have the first evidence that the particular tactics that are so memorable in those awful photographs of Abu Ghraib -- the leash, the women's garments, the chaining people to beds or to the floor, having somebody on all fours acting like an animal -- those actually were used a year earlier in Guantanamo. Available from http://www.history.army.mil/html/faq/birth.html. This stuff was always happening at night in the wee hours of the morning, by and large. Time says the Pentagon ran the program and Congress was kept out of the loop even when they asked about it. 18. As Walzer argues, all moral agents are responsible for what they do.23 By moral agent, it is meant anyone with an ‘ordinary sense and understanding’,24 who is not acting under duress, which is a threat directed at that particular soldier which is proportional to that at the detainee he is abusing.25, Sergeant Michael Smith, one of the dog handlers at Abu Ghraib, argued that when abusing prisoners with unmuzzled dogs, he was merely following orders.26 This is, however, generally not an accepted excuse for breaking the rules of war: as clearly stated by the presiding judge in the case against Sergeant Hutton, who was standing trial for the My Lai massacre during the Vietnam War, one is obliged to disobey any order that one know is illegal or is ‘manifestly illegal on its face’.27 This means that, even if there are superior orders, one is obliged to disobey, if it is clear that it is illegal. Being “responsible” will be taken as meaning morally, not legally, responsible for the action.16 While one generally is responsible for what one does, one is blameworthy only for those actions that are one’s own. Colin Powell: Examining a Key Player in the Bush Administration, Change Within the Conservative and Labour Parties. Alberto Gonzales, who actually authorized some of what we've been talking about, some of these torture techniques. Oh, I think so, yeah, sure, I definitely do. French, ‘Monsters and Their Makers’, p. 7. But it happened, and it's just not a coincidence. Abuse of Detainees’. That is the lingering question, despite 12 investigations to date that have been conducted by the Defense Department. CBS News (online), 11 February 2009. It may be through you know, not a direct chain, he said to her and she said to him, "Go chain him up and make him act like a dog." For this ‘there shall be individual responsibility’;49 government officials are not exceptions.50 What must be noted here is that even conspiring to carry through such an act is unlawful in itself. The people in authority and responsibility did not know this was going on. It will also argue that President Bush is responsible and blameworthy for playing a central role in a group conspiring to commit war crimes. White, J. And I know, with no doubt, that these soldiers didn't wake up that morning and say: "Hey, let's go screw with some prisoners tonight. But in fact there's no way to go. Retrieved from http://www.inquiriesjournal.com/a?id=1070, Eriksen, Erik. The United States Department of the Army, ‘The Law of Land Warfare’, FM 27-10, Department of the Army Field Manual’ (Washington, D.C., the Department of the Army, 1956). The actions at Abu Ghraib have generally been represented as exceptional cases, in which the abuse was perpetrated by a “few bad apples”,19 acting based on their own, entirely rational, choice.20 This, as shall be seen later, is not the case. So you go up the chain of command a little higher. 409-410; Fay, G. R. ‘AR 15-6 Investigation of the Abu Ghraib Detention Facility and 205th Military Intelligence Brigade (U)’ (2004), in, The Trial of General Tomoyuki Yamashita in the United States Military Commission, Manila, cited in, ‘Judgment of the International Military Tribunal’, in. What you're told you're doing is looking for that piece of information that'll protect the next 3,000 people who might be killed in New York or Los Angeles or wherever it is. Please support this website by adding us to your whitelist in your ad blocker. Gen. Janis Karpinski, who was busted down to colonel. In arguing this, the article will refer to a number of historical cases, as well as to moral arguments by a number of scholars. Available at http://www.boston.com/news/nation/articles/2007/08/29/officer_acquitted_of_mistreatment_in_abu_ghraib_case. This clearly fulfils the requirements of the “conspiracy” clause of the Nuremberg Charter. Available: http://www.inquiriesjournal.com/a?id=1070, Interstate - Journal of International Affairs. …, Do you think the Army guys who were charged with all this, both [those who worked at] detention facilities and interrogation, were given clear directions from the civilian authorities? Building on this argument, two more questions will be discussed. So what do you see happen? Available at http://avalon.law.yale.edu/imt/judlawch.asp. Charles A. Graner, Jr., Sentenced to Ten Years’. White, J. Other materials © 2020 Student Pulse, LLC. U.S. President George W. Bush first used the phrase "war on terrorism" on 16 September 2001, and then used the phrase "war on terror" a few days later in a speech to Congress. Some of it is done by people who maybe enjoy that kind of treatment of other human beings. the mitigation of punishment in ‘the Nuremberg Charter’, Art. French, P. A. 172-173, 183; Lawrence Wilkerson, cited in Dowd, M. ‘System on Trial’. Nevertheless, she is perhaps not as blameworthy as those who created the policies she failed to discover. I think also in Iraq, you have an additional confusion on the part of soldiers, officers. This is conduct that violates the basic tenets of our society, authorized at the highest levels of our administration, and there is simply no way right now in this country to have a serious investigation of that conduct. One way is through the military chain of command, and looking up the chain of command and not down the chain of command to the lower-level soldiers. Newsweek and several other news outlets also report that the JAG corps has been complaining about abusive interrogation techniques for two years but was systematically ignored. Therefore, though we should condemn this, though those people should be punished, it had nothing to do with the larger American military project; it had nothing to do with the larger American government. And it's a terrible thing, but the reason it happens is because there wasn't anybody there to watch over what they were doing. But my guess is that interrogators should or do; at least they know more, maybe from previous experience or otherwise. 52 As … Because there were a number of changes that took place, as I understand it, and so I think it's understandable that maybe at certain times they would be confused about what technique is permissible and what is not. Let's take a look at Gen. Sanchez, a three-star general sitting over there in Iraq in charge of everything, supposedly authorized the use of dogs and some other techniques. Who ignored them? There's no accountability. They're looking for the one piece of information that's going to stop this program or allow us to kill bin Laden and make it all go away. Available at http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=327&invol=1. And nobody would tolerate that kind of thing. Associated Press, ‘Fast Facts: Abu Ghraib Convictions’. Although members of the Bush Administration did not carry through the abuse at Abu Ghraib, it is clear that they have taken part in this conspiracy, and should have known what was going on at Abu Ghraib. Firstly, the article will discuss the responsibility of the individual soldiers that carried through the abuse. I myself, remember sitting at home, having just returned from a short walk with the... http://www.law.cornell.edu/uscode/text/18/part-I/chapter-113C, http://www.foxnews.com/story/0,2933,170603,00.html, http://www.cbsnews.com/2100-500257_162-1676792.html, http://www.gq.com/news-politics/newsmakers/200608/joe-darby-abu-ghraib, http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=327&invol=1, http://www.history.army.mil/html/faq/birth.html, http://avalon.law.yale.edu/imt/judlawch.asp, http://avalon.law.yale.edu/imt/09-30-46.asp, http://www.nytimes.com/2004/04/29/world/struggle-for-iraq-treatment-prisoners-gi-s-are-accused-abusing-iraqi-captives.html, http://www.nytimes.com/2006/03/23/politics/23abuse.html?_r=1, http://seattletimes.nwsource.com/html/nationworld/2002960310_ghraib29.html, http://www2.ohchr.org/english/law/pdf/cat.pdf, http://law2.umkc.edu/faculty/projects/ftrials/mylai/MYL_uscma.htm, http://www.aschq.army.mil/gc/files/fm27-10.pdf, http://www.cdi.org/news/law/abu-ghraib-graner.cfm, http://www.washingtonpost.com/wp-dyn/content/article/2009/03/05/AR2009030503676.html, http://www.boston.com/news/nation/articles/2007/08/29/officer_acquitted_of_mistreatment_in_abu_ghraib_case, http://articles.cnn.com/2004-06-21/world/iraq.abuse.trial_1_abu-ghraib-ivan-chip-frederick-guy-womack?_s=PM:WORLD, http://news.bbc.co.uk/1/hi/world/americas/3806713.stm, http://www.inquiriesjournal.com/a?id=1070, Can One Side of the Coin Be More Equal than the Other: Greater Jerusalem and its 'Settlements'/'Neighbourhoods', Explaining China's Intervention in the Korean War in 1950, Access to Education for Girls in the Rural Regions of Afghanistan Following the Fall of the Taliban, The Concept of Property and Ownership in the Antebellum American South: Slaves, Slaveholders, Theft, Conflict and the Law, An Axe to Grind: An Overview of Hungary's 'Axe Murder Case' and its Effects on the International Community, President Bush, The Iraq Invasion, and "Enhanced Interrogation", The Bush Administration Torture Policy: Origins and Consequences. There was a lot of e-mailing going on between the interrogators at Abu Ghraib and the interrogators at Guantanamo and the commanders there and trying to figure out, you know, help, how can we do this better?

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