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"...even the wicked get worse than they deserve." - Willa Cather, One of Ours

Thursday, May 13, 2004

Rumsfeld Defends Rules for Prison

Washington Post
Senators Question Interrogation Guidelines
...Appearing before the Senate Appropriations defense subcommittee, Rumsfeld said all authorized methods had been confirmed by Pentagon lawyers as complying with the Geneva Conventions on treatment of detainees. Rumsfeld's contention was backed by Gen. Richard B. Myers, chairman of the Joint Chiefs of Staff...

[...]

Experts in military law and human rights also argued that some of the authorized U.S. methods run counter to international prohibitions against coercive or cruel treatment.

Even within the military, some lawyers have expressed unease with the interrogation rules. Last year, several military lawyers appealed to a senior representative of the New York State Bar Association to try to persuade the Pentagon to revise its practices.

[...]

The list [of approved interrogation methods] showed two categories of measures -- those approved for all detainees and those requiring special authorization by Lt. Gen. Ricardo S. Sanchez, commander of U.S. forces in Iraq. Among the items in the second category are "sensory deprivation," "stress positions," "dietary manipulation," forced changes in sleep patterns, isolated confinement and use of dogs.

Holding up the list, Sen. Richard J. Durbin (D-Ill.) said some procedures requiring special approval "go far beyond the Geneva Conventions."

Rumsfeld shot back that "any instructions that have been issued or anything that's been authorized by the department was checked by the lawyers" in the Pentagon and deemed to be consistent with the Geneva code.

[...]

Kenneth Roth, director of Human Rights Watch, said the U.S. interrogation rules for Iraq "look like someone tried carefully to avoid torture but forgot about the parallel rule against cruel and inhumane treatment." He called those U.S. techniques that require special approval "blatantly illegal."

Hutson said the Pentagon was trying to draw lines within the gray area between torture and benign treatment. "I fundamentally disagree with where they drew the lines," he said...
There is clear evidence that the new rules written after 9/11 where excessively harsh. Which is understandable considering the tenor of those times.

While these rules were not explicitly torture, per se, they were fairly clearly a violation of the intent of the Geneva Conventions on the treatment of prisoners, if not the letter of the law. What may have been appropriate as a temporary measure against Al-Qaida agents in Afghanistan, was certainly not appropriate for use against Baathist insurgents in Iraq.

Certainly, in preparation for the Iraq invasion, the rules used against Al-Qaida agents in Afghanistan should have been revised to a more normal standard. The fact that they were not corrected at that time, places the responsibility for this failed policy squarely on the shoulders of Gen. Myers and Sec. Rumsfeld.

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