Al Qaeda 3700 - 445 - Presentation - What Should Be Done With Captured Jihadists

WHAT SHOULD BE DONE WITH CAPTURED JIHADISTS? THOMAS JALBERT BENJAMIN HOLDSWORTH PETE DIMONOSKI WISSEM ABID JASON COWLING

Al Qaeda – 3700: 445

Project Approach & Overview Ø Codified Interrogation and Torture Law Ø Currently used Interrogation Standards Ø Judicial application of Interrogation Practices Ø US and Middle East Public Perception of Interrogation Standards. Ø Conclusions and Policy Recommendations

Thomas Jalbert – Interrogation – Conventions & Laws Thomas Jalbert – Interrogation – Conventions &

Third Geneva Convention 1950 Ø Rules regarding the treatment of POW’s, put in place in 1950 Ø Prohibits violence against the detainee, including torture or degrading treatment Ø Article 17 says, “No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war to secure from them information of any kind whatever. Prisoners of war who refuse to answer may not be threatened, insulted, or exposed to any unpleasant or disadvantageous treatment of any kind.” Ø Signed and ratified by the United States

United Nations Convention Against Torture – (CAT) Ø Prohibits torture and any cruel or degrading treatment Ø Reinforced the ban on Refoulement, as set forth in Third Geneva Convention Ø Article 2 says, “No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political in stability or any other public emergency, may be invoked as a justification of torture.” Ø Signed by the United States in 1988, not ratified until 1994

US Interpretation of CAT Ø July 2007 Executive Order determined that members of Al Qaeda, the Taliban, and associated forces were unlawful combatants, and therefore not covered by the Geneva CAT – reinforced 2002 Bush Opinion Ø Affirms US Code, which prohibits the use of torture during interrogations by the CIA

US Codified Definition of Torture (18 U.S.C. § 2340) Ø US enacted 18 U.S.C. §§ 2340 and 2340A, which prohibit torture occurring outside the United States, to be in compliance with the UN CAT. Ø “Torture” means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control.

Interpretation of 18 U.S.C. §§ 2340-2340A by Dept. of Justice Ø Redefines meaning of "severe" pain under the statute as not being limited to "excruciating or agonizing" pain or pain "equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily functions, or even death." Ø Refines the definition that certain conduct specifically intended to cause "severe physical suffering" is distinct from "severe physical pain."

Optional Protocol to the Convention against Torture Ø Not signed or ratified by the United States Ø Establishes an international inspection system for places of detention modeled on the system which has existed in Europe since 1987 Ø Seeks to prevent torture and other forms of ill-treatment through the establishment of a system of regular visits to places of detention carried out by independent international and national bodies.

Currently Used Interrogation Standards – Ben Holdsworth Currently Used Interrogation Standards – Ben Holdsworth

Overview -Current US Interrogation Standards ØKUBARK ØFM 34-52 ØFM 2-22.3

KUBARK (1963) Ø CIA Interrogation Manual Ø Declassified in 1997

Ø Addresses Interrogation Process Ø Includes section regarding “Coercive Counterintelligence Interrogation of Resistant Sources” (CIA, 1963)

KUBARK: “Coercive Counterintelligence Interrogation of Resistant Sources” Ø Disclaimer Ø Techniques included Ø Sensory Deprivation Ø Threats/Fear Ø Pain Ø Narcotics

FM 34-52: Intelligence Interrogation Ø Written prior to GWOT (1992) Ø Used for first few years of GWOT Ø Details Øinterrogation process ØScreening ØApproaches Øquestioning Øprocessing of captured documents

FM 34-52 Approaches Ø Direct Ø Incentive Ø Emotional Ø Increased Fear Ø Pride and Ego Ø Others

FM 34-52 cont. Ø Questioning ØDirect ØFollow up ØNon-pertinent ØRepeated ØControl ØPrepared

FM 2-22.3 Ø 2006-Supercedes FM 34-52 Ø Current FM used by DOD Ø Very concerned with US and International Law Ø Interrogation now called “Human Intelligence Collection” or “HUMINT” Ø Addresses many concerns raised by Abu Ghraib scandal

Judicial application of Interrogation Practices – Pete Dimonoski Judicial application of Interrogation Practices – Pete Dimonoski

Confessions are used to produce show trials Ø Designed to get criminal convictions Ø Prosecutions take full advantage of statements

Evidence against detainees is weak Ø Accusations as evidence Ø Less than objective sources Ø Additional evidence Ø Hearsay and coerced evidence

Evidence may not be admitted Ø Highly coercive evidence barred Ø Statements made without witness

Classified evidence necessitates Ø Prohibits civil rights groups and detainees Ø Difficult to challenge sources

High-ranking government officials Ø Brig. Gen. Thomas Hartmann Ø Special Agent Robert McFadden

Poorly administered justice undermines United States Ø Supreme Court Ø European statement

Public Perception of Torture – Wissem Abid Public Perception of Torture – Wissem Abid

US public opinion on interrogation techniques Ø A large majority of Americans whether they are democrats or republicans oppose the treatment of detainees at Guantanamo bay. Ø Two of three Americans say the United States should change the way it treats detainees at Guantanamo Bay as prescribed by the UN Commission on Human Rights. Ø Most Americans believe that the rules for treating detainees should be the same for citizens and non citizens. Ø A slight majority of Americans believe that US interrogation techniques at Guantanamo bay are legal. Ø A large majority of Americans think that the treatment of the suspects should be binding by the UN treaties and international law.

Public opinion on interrogation techniques in the Arab and Muslim Ø 54% of Egyptian believe that clear rules of torture should be maintained. Ø 46 % believe that some degree of torture should be allowed in the case of terrorism. Ø The large majority in the Middle East believes that the US has violated international law in treating the Guantanamo detainees. Ø Abu Ghraib scandal led to anger and antiAmericanism in the Middle East

Case Study Ø Al-Jazeera cameraman Sami Al Haj Ø Captured in Pakistan while he was covering the war on terrorism in 2001. Ø He was held for nearly six and a half years without charge or trial. Ø He was released ON May 8, 2008 Ø "In Guantanamo ... rats are treated with more humanity. But we have people from more than 50 countries that are completely deprived of all rights and privileges.” Sami AL Haj Ø "Our human condition, our human dignity was violated, and the American administration went beyond all human values, all moral values, all religious values.” Sami Al Haj

Effects of Torture Ø Torture has not been effective in reducing the threat of Al-Qaeda Ø Anti-Americanism has increased world wide especially in the Middle East. Ø Torture against suspects without charge may destabilize the situation in the Muslim countries. Ø It may affect US Arab relations and hurt US interests in the Middle East. Ø It helps al-Qaeda leaders to recruit more young Muslims.

Conclusion & Policy Recommendations – Jason Cowling Conclusion & Policy Recommendations – Jason Cowling

Policy Recommendations Ø Ratification of OPCAT Ø Solely use Interrogation Techniques in FM 3452 Ø Close Guantanamo Bay Ø Abolish Military Commissions Ø Repeal ambiguous Executive Orders and Judicial Interpretations supporting torture and other misfeasance. Ø Treating Terrorists as Criminals not Enemy Combatants Ø Account for Past Abuses - Transparency

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