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Edited on Mon May-02-05 05:13 PM by brettdale
Frank Davis from the Miami Herald also answered my email, he said by sending it, I might risk pissing off Journalists who do reporting on Bush, he also sent me this.
Fdavies@herald.com
WASHINGTON - The Bush administration's decision two years ago to reject Geneva Convention protections for combatants captured in the war on terrorism contributed to the abuses of prisoners in Iraq and Afghanistan, several military law experts and former officers say. Some lawyers close to the administration strongly disagree. They see the Iraq prison scandal as separate from how al Qaeda and Taliban combatants have been treated. One possible consequence of the decision to deny Geneva rights to some detainees would be to put U.S. soldiers in jeopardy if captured in a future conflict, State Department officials and military lawyers have warned.
A focal point in the debate is a key memo from Alberto Gonzales, White House counsel, to President Bush in January 2002 summarizing the pros and cons of denying Geneva protections to detainees. It even anticipated possible negative consequences, such as "the widespread condemnation among our allies." The memo also said the United States had not denied prisoner protections in any conflict since the conventions went into effect in 1949. Doing so "could undermine U.S. military culture, which emphasizes maintaining the highest standards of conduct in combat." Secretary of State Colin Powell and military lawyers fought the policy, seeking POW status for all detainees. But President Bush decided that the urgent need for information from detainees overrode Geneva concerns in what he called "a new kind of war." That policy led to the indefinite detention of hundreds of detainees at the Guantanamo prison camp in Cuba, and many others in Afghanistan. Some have been subjected to "stress and duress" techniques that may not adhere to Geneva rules. In Iraq, military officers have said that while they tried to follow the Geneva Conventions, they were under pressure last fall to get better information from suspected insurgents. Some officers said interrogators began to use more coercive techniques used in Guantanamo and Afghanistan. The abuses shown in shocking photos can't be separated from a series of administration decisions and statements downgrading the importance of international treaty protections for prisoners, some legal experts have concluded. "What's clear from that memo is that from the start, the administration was looking for ways to skirt the rule of law, and now we're seeing some of the consequences," said Scott Silliman, a former top Air Force lawyer, Republican and head of the Center on Law, Ethics and National Security at Duke University.
He noted that Gonzales' own memo even predicted that the policy could damage U.S. military standards for handling prisoners.
Silliman said he was "surprised that the key legal recommendation on the Geneva Conventions" came not from experienced military lawyers, but from a White House counsel.
Members of the judge advocate general (JAG) corps of each service were overruled or frozen out of key legal decisions in the war on terror and in Iraq, said Silliman and Jordan Paust, a law professor at the University of Houston.
Last year, when the Iraq war started, JAG lawyers complained vociferously when they were "cut out" of supervising interrogations - as they had done in previous conflicts, according to one former officer who spoke on condition of anonymity. Silliman, who served in the first Gulf War, said JAG oversight of interrogations is a good way of preventing abuses and insuring the Geneva Conventions are followed. Paust, who taught at the Army's JAG school in the 1970s, said the administration "made a plan to violate the law of war, and now we're seeing the end result of that policy."
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