Slide Show - What Should Be Done With Captured Jihadists?
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WHAT SHOULD BE DONE WITH CAPTURED JIHADISTS? THOMAS JALBERT BENJAMIN HOLDSWORTH PETE DIMONOSKI WISSEM ABID JASON COWLING
Al Qaeda – 3700: 445
Project Approach & Overview
Codified Interrogation and Torture Law Currently used Interrogation Standards Judicial application of Interrogation Practices US and Middle East Public Perception of Interrogation Standards. Conclusions and Policy Recommendations
Thomas Jalbert – Interrogation – Conventions & Laws
Third Geneva Convention - 1950
Rules regarding the treatment of POW’s, put in place in 1950 Prohibits violence against the detainee, including torture or degrading treatment 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.” Signed and ratified by the United States
United Nations Convention Against Torture – (CAT)
Prohibits torture and any cruel or degrading treatment Reinforced the ban on Refoulement, as set forth in Third Geneva Convention 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.” Signed by the United States in 1988, not ratified until 1994
US Interpretation of CAT
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
Affirms US Code, which prohibits the use of torture during interrogations by the CIA
US Codified Definition of Torture (18 U.S.C. § 2340)
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. “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
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." 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 (OPCAT)
Not signed or ratified by the United States Establishes an international inspection system for places of detention modeled on the system which has existed in Europe since 1987 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
Currently Used Interrogation Standards – Ben Holdsworth
Overview -Current US Interrogation Standards KUBARK FM 34-52 FM 2-22.3
KUBARK (1963)
CIA Interrogation Manual
Declassified in 1997
Addresses Interrogation Process Includes section regarding “Coercive Counterintelligence Interrogation of Resistant Sources” (CIA, 1963)
KUBARK: “Coercive Counterintelligence Interrogation of Resistant Sources”
Disclaimer Techniques included Sensory Deprivation Threats/Fear Pain Narcotics
FM 34-52: Intelligence Interrogation
Written prior to GWOT (1992) Used for first few years of GWOT Details interrogation process Screening Approaches questioning processing of captured documents
FM 34-52 Approaches
Direct Incentive Emotional Increased Fear Pride and Ego Others
FM 34-52 cont.
Questioning Direct Follow up Non-pertinent Repeated Control Prepared
FM 2-22.3
2006-Supercedes FM 34-52 Current FM used by DOD Very concerned with US and International Law Interrogation now called “Human Intelligence Collection” or “HUMINT” Addresses many concerns raised by Abu Ghraib scandal
Judicial application of Interrogation Practices – Pete Dimonoski
Confessions are used to produce show trials
Designed to get criminal convictions Prosecutions take full advantage of statements
Evidence against detainees is weak
Accusations as evidence Less than objective sources Additional evidence Hearsay and coerced evidence
Evidence may not be admitted
Highly coercive evidence barred Statements made without witness
Classified evidence necessitates closed hearings
Prohibits civil rights groups and detainees Difficult to challenge sources
High-ranking government officials influenced tribunals
Brig. Gen. Thomas Hartmann Special Agent Robert McFadden
Poorly administered justice undermines United States credibility
Supreme Court European statement
Public Perception of Torture – Wissem Abid
US public opinion on interrogation techniques
A large majority of Americans whether they are democrats or republicans oppose the treatment of detainees at Guantanamo bay. 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. Most Americans believe that the rules for treating detainees should be the same for citizens and non citizens. A slight majority of Americans believe that US interrogation techniques at Guantanamo bay are legal. 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 Arab and Muslim countries
54% of Egyptians believe that clear rules of torture should be maintained. 46 % believe that some degree of torture should be allowed in the case of terrorism. The large majority in the Middle East believes that the US has violated international law in treating the Guantanamo detainees. Abu Ghraib scandal led to anger and anti-
Case Study
Al-Jazeera cameraman Sami Al Haj Captured in Pakistan while he was covering the war on terrorism in 2001. He was held for nearly six and a half years without charge or trial. He was released on May 8, 2008 "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.” "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
Torture has not been effective in reducing the threat of Al-Qaeda Anti-Americanism has increased world wide especially in the Middle East. Torture against suspects without charge may destabilize the situation in the Muslim countries. It may affect US Arab relations and hurt US interests in the Middle East. It helps al-Qaeda leaders to recruit more young Muslims.
Conclusion & Policy Recommendations – Jason Cowling
Policy Recommendations
Ratification of OPCAT Solely use Interrogation Techniques in FM 34-52 Close Guantanamo Bay Abolish Military Commissions Repeal ambiguous Executive Orders and Judicial Interpretations supporting torture and other misfeasance. Treating Terrorists as Criminals not Enemy Combatants Account for Past Abuses - Transparency
Policy Blog:
http://jihadistinterrogation.blogspot.com/
Al Qaeda – 3700: 445
Project Approach & Overview
Codified Interrogation and Torture Law Currently used Interrogation Standards Judicial application of Interrogation Practices US and Middle East Public Perception of Interrogation Standards. Conclusions and Policy Recommendations
Thomas Jalbert – Interrogation – Conventions & Laws
Third Geneva Convention - 1950
Rules regarding the treatment of POW’s, put in place in 1950 Prohibits violence against the detainee, including torture or degrading treatment 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.” Signed and ratified by the United States
United Nations Convention Against Torture – (CAT)
Prohibits torture and any cruel or degrading treatment Reinforced the ban on Refoulement, as set forth in Third Geneva Convention 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.” Signed by the United States in 1988, not ratified until 1994
US Interpretation of CAT
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
Affirms US Code, which prohibits the use of torture during interrogations by the CIA
US Codified Definition of Torture (18 U.S.C. § 2340)
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. “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
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." 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 (OPCAT)
Not signed or ratified by the United States Establishes an international inspection system for places of detention modeled on the system which has existed in Europe since 1987 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
Currently Used Interrogation Standards – Ben Holdsworth
Overview -Current US Interrogation Standards KUBARK FM 34-52 FM 2-22.3
KUBARK (1963)
CIA Interrogation Manual
Declassified in 1997
Addresses Interrogation Process Includes section regarding “Coercive Counterintelligence Interrogation of Resistant Sources” (CIA, 1963)
KUBARK: “Coercive Counterintelligence Interrogation of Resistant Sources”
Disclaimer Techniques included Sensory Deprivation Threats/Fear Pain Narcotics
FM 34-52: Intelligence Interrogation
Written prior to GWOT (1992) Used for first few years of GWOT Details interrogation process Screening Approaches questioning processing of captured documents
FM 34-52 Approaches
Direct Incentive Emotional Increased Fear Pride and Ego Others
FM 34-52 cont.
Questioning Direct Follow up Non-pertinent Repeated Control Prepared
FM 2-22.3
2006-Supercedes FM 34-52 Current FM used by DOD Very concerned with US and International Law Interrogation now called “Human Intelligence Collection” or “HUMINT” Addresses many concerns raised by Abu Ghraib scandal
Judicial application of Interrogation Practices – Pete Dimonoski
Confessions are used to produce show trials
Designed to get criminal convictions Prosecutions take full advantage of statements
Evidence against detainees is weak
Accusations as evidence Less than objective sources Additional evidence Hearsay and coerced evidence
Evidence may not be admitted
Highly coercive evidence barred Statements made without witness
Classified evidence necessitates closed hearings
Prohibits civil rights groups and detainees Difficult to challenge sources
High-ranking government officials influenced tribunals
Brig. Gen. Thomas Hartmann Special Agent Robert McFadden
Poorly administered justice undermines United States credibility
Supreme Court European statement
Public Perception of Torture – Wissem Abid
US public opinion on interrogation techniques
A large majority of Americans whether they are democrats or republicans oppose the treatment of detainees at Guantanamo bay. 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. Most Americans believe that the rules for treating detainees should be the same for citizens and non citizens. A slight majority of Americans believe that US interrogation techniques at Guantanamo bay are legal. 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 Arab and Muslim countries
54% of Egyptians believe that clear rules of torture should be maintained. 46 % believe that some degree of torture should be allowed in the case of terrorism. The large majority in the Middle East believes that the US has violated international law in treating the Guantanamo detainees. Abu Ghraib scandal led to anger and anti-
Case Study
Al-Jazeera cameraman Sami Al Haj Captured in Pakistan while he was covering the war on terrorism in 2001. He was held for nearly six and a half years without charge or trial. He was released on May 8, 2008 "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.” "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
Torture has not been effective in reducing the threat of Al-Qaeda Anti-Americanism has increased world wide especially in the Middle East. Torture against suspects without charge may destabilize the situation in the Muslim countries. It may affect US Arab relations and hurt US interests in the Middle East. It helps al-Qaeda leaders to recruit more young Muslims.
Conclusion & Policy Recommendations – Jason Cowling
Policy Recommendations
Ratification of OPCAT Solely use Interrogation Techniques in FM 34-52 Close Guantanamo Bay Abolish Military Commissions Repeal ambiguous Executive Orders and Judicial Interpretations supporting torture and other misfeasance. Treating Terrorists as Criminals not Enemy Combatants Account for Past Abuses - Transparency
Policy Blog:
http://jihadistinterrogation.blogspot.com/
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