While the proverbial road to hell is paved with good intentions, the internal government memos collected in this publication demonstrate that the path to the purgatory that is Guantanamo Bay, or Abu Ghraib, has been paved with decidedly bad intentions. The policies that resulted in rampant abuse of detainees first in Afghanistan, then at Guantanamo Bay, and later in Iraq, were product of three pernicious purposes designed to facilitate the unilateral and unfettered detention, interrogation, abuse, judgment, and punishment of prisoners: (1) the desire to place the detainees beyond the reach of any court or law; (2) the desire to abrogate the Geneva Convention with respect to the treatment of persons seized in the context of armed hostilities; and (3) the desire to absolve those implementing the policies of any liability for war crimes under U.S. and international law.

Regarding the Torture Papers, which detail Torture's Paper Trail, and, then there's Hungry for Air: Learning The Language Of Torture, and, of course, there's ( more inside)
posted by y2karl on Mar 14, 2005 - 97 comments

Cruel and Unusual - The End Of The Eighth Amendment
It might seem at first that the rules for the treatment of Iraqi prisoners were founded on standards of political legitimacy suited to war or emergencies; based on what Carl Schmitt called the urgency of the ''exception,'' they were meant to remain secret as necessary ''war measures'' and to be exempt from traditional legal ideals and the courts associated with them. But the ominous discretionary powers used to justify this conduct are entirely familiar to those who follow the everyday treatment of prisoners in the United States—not only their treatment by prison guards but their treatment by the courts in sentencing, corrections, and prisoners' rights. The torture memoranda, as unprecedented as they appear in presenting ''legal doctrines . . . that could render specific conduct, otherwise criminal, not unlawful,'' refer to U.S. prison cases in the last 30 years that have turned on the legal meaning of the Eighth Amendment’s language prohibiting ''cruel and unusual punishment.'' What is the history of this phrase? How has it been interpreted? And how has its content been so eviscerated?
posted by y2karl on Nov 8, 2004 - 25 comments

The Scandal's Growing Stain Time Magazine: "Abuses by U.S. soldiers in Iraq shock the world and roil the Bush Administration. the inside story of what went wrong—and who's to blame"
posted by Postroad on May 9, 2004 - 18 comments

Remember the outrage of the US Govt. as the Iraqi's paraded POWs before television cameras - a pretty clear-cut breach of the Geneva Convention?
It appears the US Govt. isn't so concerned about what behaviour breaches the convention, anymore.

"The International Committee of the Red Cross so far has been denied access to what the organisation believes could be as many as 3,000 prisoners held in searing heat [near Baghdad airport.] All other requests to inspect conditions under which prisoners are being held have been met with silence or been turned down."

posted by Blue Stone on May 25, 2003 - 62 comments