Treatment of Combatants
Articles and Resources
Date Fairness.com Resource Read it at: Jul 11, 2014 Civilian Deaths in Gaza: Is Israel killing indiscriminately? A closer look at the evidence and context.
QUOTE: let’s focus on the narrower question of how to minimize civilian deaths, now and in future conflicts. How bad is this war compared to others? Are Israel’s attacks indiscriminate?
Slate Jan 20, 2014 Gruesome Syria photos may prove torture by Assad regime
QUOTE: The bodies in the photos showed signs of starvation, brutal beatings, strangulation, and other forms of torture and killing....A complex numbering system was also used to catalog the corpses, with only the relevant intelligence service knowing the identities of the corpses. It was an effort, the report says, to keep track of which security service was responsible for the death, and then later to provide false documentation that the person had died in a hospital.
CNN (Cable News Network) Jul 31, 2013 White House Closes Inquiry Into Afghan Massacre – and Will Release No Details
QUOTE: Soon after taking office, President Obama pledged to open a new inquiry into the deaths of perhaps thousands of Taliban prisoners of war at the hands of U.S.-allied Afghan fighters in late 2001. Last month, the White House told ProPublica it was still “looking into” the apparent massacre. Now it says it has concluded its investigation – but won’t make it public.
ProPublica Dec 02, 2012 Collaboration in Gaza Leads to Grisly Fate
QUOTE: Last month’s extrajudicial killings...were a stark departure from Hamas’s efforts since then to pursue collaborators in court and not the street, spotlighting its dilemma as a movement rooted in militant resistance now trying to run a government. The Qassam Brigades, Hamas’s military arm, claimed responsibility for the killings, but some party leaders condemned them.
New York Times Dec 22, 2011 U.S. Report Faults Two Sides in Deadly Pakistan Strike
QUOTE: mistakes by both American and Pakistani troops led to airstrikes against two Pakistani posts on the Afghan border that killed 26 Pakistani troops. But two crucial findings — that the Pakistanis fired first at a joint Afghan-American patrol and that they kept firing even after the Americans tried to warn them that they were shooting at allied troops — were likely to further anger Pakistan and plunge the already tattered relationship between the United States and Pakistan to new depths.
New York Times Oct 25, 2011 Death of U.S. teenager in drone strike stokes debate
QUOTE: 'Proportionality' is at the heart of the argument....is it acceptable in law to carry out an attack against an identified terrorist suspect where others in his immediate vicinity - whose identities are unknown - are likely to be killed or injured?...
CNN (Cable News Network) Sep 30, 2011 U.S. drone killing of American al-Awlaki prompts legal, moral debate
QUOTE: The U.S. drone killing of American-born and -raised Muslim cleric Anwar al-Awlaki, a major figure in al Qaeda in the Arabian Peninsula, has re-energized a national debate over the legal and moral quandaries of a government deliberately killing a citizen.
CNN (Cable News Network) Sep 04, 2011 Libyans Turn Wrath on Dark-Skinned Migrants
QUOTE: As rebel leaders pleaded with their fighters to avoid taking revenge against “brother Libyans,” many rebels were turning their wrath against migrants from sub-Saharan Africa, imprisoning hundreds for the crime of fighting as “mercenaries” for Col. Muammar el-Qaddafi without any evidence except the color of their skin.
New York Times Jul 20, 2011 Stopping wartime sexual abuse - of men
QUOTE: the United Nations (UN) and international nongovernmental organizations (NGOs) “barely acknowledge” the pervasive sexual violence against men that occurs in modern war....of roughly 4,000 NGOs addressing wartime sexual violence, only 3% mentioned male victims (and usually only in passing).
CNN (Cable News Network) Jul 05, 2011 U.S. to Prosecute a Somali Suspect in Civilian Court
QUOTE: The Obama administration announced Tuesday that it would prosecute in civilian court a Somali accused of ties to two Islamist militant groups. The decision to fly the man to New York for trial, after interrogating him for months aboard a United States naval vessel, is likely to reignite debate about the detention and prosecution of terrorism suspects.
New York Times Jun 30, 2011 U.S. Widens Inquiries Into 2 Jail Deaths
QUOTE: The Justice Department announced Thursday that it was opening a full criminal investigation into the deaths of two terrorism suspects in C.I.A. custody overseas, but it was closing inquiries into the treatment of nearly 100 other detainees over the last decade.
New York Times Apr 27, 2011 Honoring Those Who Said No
QUOTE: Thus far, though, our official history has honored only those who approved torture, not those who rejected it… But averting our eyes from recent history means not only that we fail in our legal and moral duty to provide redress to victims of torture, but also that we betray the public servants who risked so much to reverse what they knew was a disastrous and shameful course.
New York Times Apr 24, 2011 Judging Detainees’ Risk, Often With Flawed Evidence
QUOTE: The documents reveal that the analysts sometimes ignored serious flaws in the evidence… They include detainees’ admissions without acknowledging other government documents that show the statements were later withdrawn, often attributed to abusive treatment or torture.
New York Times Apr 02, 2011 Author of Israel-Hamas report: Would reconsider findings
QUOTE: The chairman of a U.N. commission whose report accused Israel of "actions amounting to war crimes" against Hamas says he would have reached different conclusions if the Israeli military had been more forthcoming and if he had known the results of subsequent investigations. "If I had known then what I know now, the Goldstone Report would have been a different document," wrote Richard Goldstone, a former South African jurist, in a Washington Post op-ed column Friday.
CNN (Cable News Network) Dec 29, 2010 Rights Groups Tie Pakistan to Disappearances of Insurgents
QUOTE: ...Pakistan’s security services have rounded up thousands of people over the past decade, mainly in Baluchistan, a vast and restive province far from the fight with the Taliban, and are holding them incommunicado without charges. Some American officials think that the Pakistanis have used the pretext of war to imprison members of the Baluch nationalist opposition that has fought for generations to separate from Pakistan.
New York Times May 27, 2010 U.N. Official Set to Ask U.S. to End C.I.A. Drone Strikes
QUOTE: Philip Alston, the United Nations special rapporteur on extrajudicial, summary or arbitrary executions, said Thursday that he would deliver a report on June 3 to the United Nations Human Rights Council in Geneva declaring that the “life and death power” of drones should be entrusted to regular armed forces, not intelligence agencies.
New York Times May 21, 2010 Detainees Barred From Access to U.S. Courts
QUOTE: A federal appeals court ruled Friday that three men who had been detained by the United States military for years without trial in Afghanistan had no recourse to American courts. The decision was a broad victory for the Obama administration in its efforts to hold terrorism suspects overseas for indefinite periods without judicial oversight.
New York Times May 13, 2010 U.S. Decision to Approve Killing of Cleric Causes Unease
QUOTE: The Obama administration’s decision to authorize the killing by the Central Intelligence Agency of a terrorism suspect who is an American citizen has set off a debate over the legal and political limits of drone missile strikes, a mainstay of the campaign against terrorism. The notion that the government can, in effect, execute one of its own citizens far from a combat zone, with no judicial process and based on secret intelligence, makes some legal authorities deeply uneasy.
New York Times May 09, 2010 Holder Backs a Miranda Limit for Terror Suspects
QUOTE: The Obama administration said Sunday it would seek a law allowing investigators to interrogate terrorism suspects without informing them of their rights.... [Holder] said interrogators needed greater flexibility to question terrorism suspects than is provided by existing exceptions.
New York Times Apr 01, 2010 Serbia’s Honest Apology
QUOTE: The resolution, therefore, is a political landmark. And even if it fails to mention “genocide,” it makes it still harder to insist that the massacre never happened or that the number of victims has been grossly inflated. Yet the Serbian government finds itself caught in a position of being damned if you do, damned if you don’t.
New York Times Feb 27, 2010 Inquiry sought into disappearance of e-mails in interrogations case
QUOTE: Senior Democratic lawmakers and watchdog groups demanded Friday that the Justice Department investigate the disappearance of e-mail messages written by Bush administration lawyers who drafted memos blessing harsh interrogation tactics, saying their absence cast doubt on an ethics report that cleared the lawyers of professional misconduct.
Washington Post Jan 31, 2010 Obama admnistration takes several wrong paths in dealing with terrorism
QUOTE: Some may celebrate that the current Justice Department's perspective on the war on terrorism has become markedly more dominant in the past year. We should probably understand the implications of that before we break out the champagne. That apparently no one recommended on Christmas Day that Abdulmutallab be handled, at least for a time, as an enemy combatant should be concerning.
Washington Post Aug 25, 2009 Our laws condone torture: Investigations into torture can only do so much. The U.S. needs laws that more clearly forbid brutality
QUOTE: It is the ambiguity of U.S. law on these matters that allowed John Yoo to offer those bizarre opinions, as White House counsel, as to what interrogators could do. The Universal Declaration of Human Rights is toothless and largely ineffectual except as a vague set of ideals. It needn't be that way.
Salon Aug 24, 2009 Holder to Appoint Prosecutor to Investigate CIA Terror Interrogations
QUOTE: Attorney General Eric H. Holder Jr. has decided to appoint a prosecutor to examine nearly a dozen cases in which CIA interrogators and contractors may have violated anti-torture laws and other statutes when they allegedly threatened terrorism suspects...
Washington Post Aug 21, 2009 Detainees Said to Be Shown Photos of C.I.A. Agents
QUOTE: he Justice Department is investigating whether three military defense lawyers for detainees at the Guantánamo prison illegally showed their clients photographs of C.I.A. interrogators...
New York Times Aug 12, 2009 A Window Into C.I.A.’s Embrace of Secret Jails ("Interrogation Inc. part 2 of 2)
QUOTE: The existence of the network of prisons to detain and interrogate senior operatives of Al Qaeda has long been known, but details about them have been a closely guarded secret... [The former European supply chief for the C.I.A. Kyle D. Foggo] Mr. Foggo acknowledged a role, which has never been previously reported.
New York Times Jul 30, 2009 British Foreign Secretary: Clinton threatened to cut-off intelligence-sharing if torture evidence is disclosed
QUOTE: both the Bush and Obama administrations had threatened to cut off intelligence-sharing with Britain if those facts (of the possible torture of former Guantanamo inmate Binyam Mohamed) were disclosed, even as part of a court proceeding.
Salon Jul 23, 2009 U.S. Rebuffs U.N. Requests for Guantanamo Visits, Data on CIA Prisons
QUOTE: he Obama administration has declined requests from U.N. human rights investigators for information on secret prisons and for private interviews with inmates at the U.S. military detention center at Guantanamo Bay, Cuba, U.N. officials said, dampening their hopes of greater U.S. cooperation on human rights issues.
Washington Post Jul 16, 2009 At Jail in Bagram, A Detainee Protest: Indefinite Incarceration by U.S. at Issue
QUOTE: The prisoners at the largest U.S. detention facility in Afghanistan have refused to leave their cells for at least the past two weeks to protest their indefinite imprisonment, according to lawyers and the families of detainees.
Washington Post Jul 09, 2009 Outsourcing torture: Extraction
QUOTE: Did the [British] government subcontract the removal of a man’s fingernails?
Economist Jul 02, 2009 ACLU Says Government Used False Confessions
QUOTE: The American Civil Liberties Union yesterday accused the Obama administration of using statements elicited through torture to justify the confinement of a detainee...
Washington Post Jan 21, 2009 Obama Orders Halt to Prosecutions at Guantánamo
QUOTE: the order came from the Secreatary of Defense, Robert M. Gates, “by order of the president.” It described the halt in all proceedings as designed “to permit the newly inaugurated president and his administration time to review the military commission process, generally, and the cases currently pending before the military commissions, specifically.”
New York Times Dec 21, 2008 Extradition Of Terror Suspects Founders: Al-Qaeda Suspects Remain in Britain Years After Arrests
QUOTE: a decade later, none of the defendants has moved any closer to a U.S. courtroom....Britain and other allies have long complained about Guantanamo, the tribunals and extralegal U.S. tactics used to fight al-Qaeda. At the same time, however, they have often blocked or resisted efforts by the U.S. government to prosecute accused terrorists in federal court.
Washington Post Dec 12, 2008 Report Blames Rumsfeld for Detainee Abuses
QUOTE: leaders of the Senate Armed Services Committee said top Bush administration officials, including Donald H. Rumsfeld, the former defense secretary, bore major responsibility for the abuses committed by American troops in interrogations at Abu Ghraib in Iraq; Guantánamo Bay, Cuba; and other military detention centers.
New York Times Dec 09, 2008 Five 9/11 Suspects Offer to Confess:But Proposal Is Pulled Over Death Penalty Issue
QUOTE: Five of the men accused of planning the Sept. 11, 2001, attacks said Monday that they wanted to plead guilty to murder and war crimes but withdrew the offer when a military judge raised questions about whether it would prevent them from fulfilling their desire to receive the death penalty.
Washington Post Dec 06, 2008 In Iraq, 'a Prison Full of Innocent Men'
QUOTE: As the U.S. military detention system here begins to come under Iraqi control, a complicated joint effort is underway to determine which of the men are safe to release and which may be insurgents. "Most of the people they detain are innocent," said Iraqi Vice President Tariq al-Hashimi.
Washington Post Dec 02, 2008 Guantanamo 'a stain on US military'
QUOTE: The tribunals used for putting suspects on trial at Guantanamo Bay are a "stain on America's military", a former military prosecutor has told the BBC in his first interview since resigning.
British Broadcasting Corporation (BBC) Nov 11, 2008 WW II vet held in Nazi slave camp breaks silence: 'Let it be known'
QUOTE: a catalog of deaths and atrocities he says were carried out on U.S. soldiers held by Nazis at a slave labor camp during World War II....Acevedo's story is one that was never supposed to be told. "We had to sign an affidavit ... [saying] we never went through what we went through."
CNN (Cable News Network) Oct 21, 2008 U.S. Drops Charges Against 5 Detainees
QUOTE: The Pentagon official in charge of military commissions at the naval base at Guantánamo Bay, Cuba, dismissed war crimes charges on Tuesday against five detainees, the latest challenge for the Bush administration’s long-troubled system for prosecuting detainees at the base.
New York Times Oct 11, 2008 A Guantánamo Homecoming: It will be harder to tune them out when they are not just nameless men behind barbed wire.
QUOTE: When the Bush administration fenced off a dusty little patch of lawlessness in Cuba, the idea was that breaking the law abroad would somehow preclude us from breaking it at home. But last week revealed—yet again—that the worst of Guantánamo was always destined to spill over into the United States...The case of 17 Uighurs—Chinese Muslims from western China's Xinjiang region—is one of the blackest chapters of the story.
Newsweek May 21, 2008 Audit Finds FBI Reports Of Abuse Were Ignored: Tactics Continued Against Detainees
QUOTE: Reports that Guantanamo detainees were being subjected to extreme temperatures, religious abuses and nude interrogation were conveyed at White House meetings of senior officials in 2003, yet these questionable tactics remained in use, a lengthy report by the Justice Department's inspector general concluded.
Washington Post May 20, 2008 Report Details Interrogation Debate
QUOTE: The report describes major and repeated clashes between F.B.I. agents and their counterparts over the rough methods being used on detainees in Guantánamo Bay, Afghanistan and Iraq — some of which, according to the inspector general, may have violated the Defense Department’s own policies at the time.
New York Times May 13, 2008 Case Against 9/11 Detainee Is Dismissed
QUOTE: Mr. Qahtani was subjected to interrogations that Pentagon officials have found were “degrading and abusive,” including being forced to wear a bra, being led around on a leash and required to perform dog tricks.
New York Times May 06, 2008 Justice System For Detainees Is Moving At a Crawl: No Sept. 11 Trials Likely Before Bush Leaves Office, Officials Say
QUOTE: "Some of the detainees haven't even seen their lawyers yet, there's incredibly complicated issues about access to evidence and discovery, and as we've seen with every single case to date, it's incredibly hard to move through a system that lacks established rules and precedent,"...That new system, set up by Congress's Military Commissions Act of 2006, so far has been entangled by numerous motions that challenge its fairness and constitutionality. Military officers presiding over the cases have had to make critical decisions on the fly, including some appealed to another new court created by the same legislation.
Washington Post Apr 22, 2008 Detainees Allege Being Drugged, Questioned: U.S. Denies Using Injections for Coercion
QUOTE: The Defense Department and the CIA, the two agencies responsible for detaining terrorism suspects, both deny using drugs as an enhancement for interrogations, and suggest that the stories from Nusairi and others like him are either fabrications or mistaken interpretations of routine medical treatment. Yet the allegations have resurfaced because of the release this month of a 2003 Justice Department memo that explicitly condoned the use of drugs on detainees.
Washington Post Feb 26, 2008 Sidebar: The Right to Counsel, in the Right Situations
QUOTE: Both sorts of restrictions are unusual, and they give rise to this question, as framed by Mr. Moussaoui’s appellate lawyers: “Are federal courts willing to compromise or eliminate core constitutional protections if the indictment arises in the context of a terrorism case?”
New York Times Feb 23, 2008 Justice Probes Authors Of Waterboarding Memos
QUOTE: An internal watchdog office at the Justice Department is investigating whether Bush administration lawyers violated professional standards by issuing legal opinions that authorized the CIA to use waterboarding and other harsh interrogation techniques...
Washington Post Feb 17, 2008 Justice Official Defends Rough CIA Interrogations: Severe, Lasting Pain Is Torture, He Says
QUOTE: In testimony before a House subcommittee...the acting chief of the Justice Department's Office of Legal Counsel, spelled out how the administration regulated the CIA's use of rough tactics and offered new details of how simulated drowning was used to compel disclosures by prisoners suspected of being al-Qaeda members.
Washington Post Feb 16, 2008 Moussaoui Deprived of Constitutional Rights, Attorneys Say: Appeal Seeks to Overturn Guilty Plea, Life Sentence Because of Evidence Kept Secret, Counsel Choice Denied
QUOTE: "[Zacarias]Moussaoui faced the choice between pleading guilty and facing a fundamentally unfair trial in a death-penalty case. This was an unconstitutional choice, and his plea was involuntary as a result,'' [his attorneys say]...
Washington Post Feb 13, 2008 Rules for Lawyers Of Detainees Are Called Onerous: Fair, Adequate Defense Questioned
QUOTE: Months before the trials of some of the detainees are set to begin, some of the attorneys say the Defense Department's regulations for their work [defending detainees at Guantanamo Bay] are so onerous that they will be unable to provide a fair and adequate defense of their clients.
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