Duh…! Geneva Convention?! Whazzat??

Annals of National Security: TORTURE AT ABU GHRAIB
— American soldiers brutalized Iraqis. How far up does the responsibility go?
By Seymour M. Hersh
The New Yorker

[…] Last June, Janis Karpinski, an Army reserve brigadier general, was named commander of the 800th Military Police Brigade and put in charge of military prisons in Iraq. General Karpinski, the only female commander in the war zone, was an experienced operations and intelligence officer who had served with the Special Forces and in the 1991 Gulf War, but she had never run a prison system. Now she was in charge of three large jails, eight battalions, and thirty-four hundred Army reservists, most of whom, like her, had no training in handling prisoners.

General Karpinski, who had wanted to be a soldier since she was five, is a business consultant in civilian life, and was enthusiastic about her new job. In an interview last December with the St. Petersburg Times, she said that, for many of the Iraqi inmates at Abu Ghraib, “living conditions now are better in prison than at home. At one point we were concerned that they wouldn’t want to leave.”

A month later, General Karpinski was formally admonished and quietly suspended, and a major investigation into the Army’s prison system, authorized by Lieutenant General Ricardo S. Sanchez, the senior commander in Iraq, was under way. A fifty-three-page report, obtained by The New Yorker, written by Major General Antonio M. Taguba and not meant for public release, was completed in late February. Its conclusions about the institutional failures of the Army prison system were devastating. Specifically, Taguba found that between October and December of 2003 there were numerous instances of “sadistic, blatant, and wanton criminal abuses” at Abu Ghraib. This systematic and illegal abuse of detainees, Taguba reported, was perpetrated by soldiers of the 372nd Military Police Company, and also by members of the American intelligence community. (The 372nd was attached to the 320th M.P. Battalion, which reported to Karpinski’s brigade headquarters.) […]

[…] Under the fourth Geneva convention, an occupying power can jail civilians who pose an “imperative” security threat, but it must establish a regular procedure for insuring that only civilians who remain a genuine security threat be kept imprisoned. Prisoners have the right to appeal any internment decision and have their cases reviewed. Human Rights Watch complained to Secretary of Defense Donald Rumsfeld that civilians in Iraq remained in custody month after month with no charges brought against them. Abu Ghraib had become, in effect, another Guantánamo.

As the photographs from Abu Ghraib make clear, these detentions have had enormous consequences: for the imprisoned civilian Iraqis, many of whom had nothing to do with the growing insurgency; for the integrity of the Army; and for the United States’ reputation in the world.

Captain Robert Shuck, Frederick’s military attorney, closed his defense at the Article 32 hearing last month by saying that the Army was “attempting to have these six soldiers atone for its sins.” Similarly, Gary Myers, Frederick’s civilian attorney, told me that he would argue at the court-martial that culpability in the case extended far beyond his client. “I’m going to drag every involved intelligence officer and civilian contractor I can find into court,” he said. “Do you really believe the Army relieved a general officer because of six soldiers? Not a chance.” […]

Also see:
Additional images of the torture of Iraqi prisoners
The New Yorker’s complete coverage of the conflict in Iraq