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Thursday, Nov 26, 2009
Long before Abu Ghraib, senior officers warned that Bush appointees in the Pentagon were undermining prisoner safeguards.
May 7, 2004 | Long before official reports and journalistic exposés revealed the horrific abuse of Iraqi prisoners at Abu Ghraib, high-ranking American officers expressed their deep concern that the civilian officials at the Pentagon were undermining the military's traditional detention and interrogation procedures, according to a prominent New York attorney.
Scott Horton, a partner at Patterson, Belknap, Webb and Tyler who now chairs the Committee on International Law of the Association of the Bar of New York City, says he was approached last spring by "senior officers" in the Judge Advocate General Corps, the military's legal division, who "expressed apprehension over how their political appointee bosses were handling the torture issue." Horton, who once represented late Soviet dissident Andrei Sakharov, was serving as the chairman of the bar association's Committee on Human Rights law when the JAG officers first contacted him.
Prompted by their allegations as well as press reports of torture and mistreatment of detainees in Afghanistan, Horton and other members of the New York bar began to compile a report examining U.S. and international legal standards governing the treatment of military prisoners. Horton says he and his colleagues met with JAG officers expressing the same concerns again last fall.
The bar association's 110-page report, released last week, leaves no doubt that the practices revealed at Abu Ghraib violated both U.S. and international law. During the preparation of that report, Horton and his colleagues were more concerned with practices in Afghanistan and Guantánamo than in Iraq. What they have learned recently, however, suggests that questionable practices and attitudes toward prisoners stem from broad policy decisions made at the very highest levels of the Defense Department.
Indeed, Horton says that the JAG officers specifically warned him that Undersecretary of Defense for Policy Douglas J. Feith,one of the most powerful political appointees in the Pentagon, had significantly weakened the military's rules and regulations governing prisoners of war. The officers told Horton that Feith and the Defense Department's general counsel, William J. Haynes II, were creating "an atmosphere of legal ambiguity" that would allow mistreatment of prisoners in Iraq and Afghanistan.
Haynes, who was recently nominated to a federal appeals court seat by President Bush, is responsible for legal issues concerning prisoners and detainees. But the general counsel takes his marching orders from Feith, an attorney whose scorn for international human rights law was summed up by his assessment of Protocol One, the 1977 Geneva accord protecting civilians, as "law in the service of terrorism."
