As I was researching the web this morning, I ran across this article and found it interesting. Why? Number one, it was close to my home and secondly, it just adds fuel to the fire with our government today.
Enjoy and absorb. Dissect this and be analytic, if you will.
Again, I have not got the tools for making a good diary, but I wanted you all to see this.
Article below the fold..have fun, Kids
Commanding Responsibility from the Pentagon
By Jeremy Brecher and Brendan Smith, Foreign Policy in Focus. Posted January 14, 2006.
More stories by Jeremy Brecher
Brendan Smith
A jury verdict in Memphis late last year caused little stir among the general public, but it may have caught the attention of Dick Cheney, Donald Rumsfeld, and other high officials of the Bush administration. The jury found Colonel Nicolas Carranza, former Vice Minister of Defense of El Salvador and now a U.S. citizen living in Memphis, responsible for overseeing the torture and killing in that country 25 years ago. Could similar charges be brought against high U.S. officials for the actions of their subordinates in Abu Ghraib, Falluja, and Guantanamo?
Carranza was sued by victims of armed forces under his control. The jury applied the principle of “command responsibility,” which holds a superior legally responsible for human rights abuses by subordinates if the official knew or should have known about them and failed to prevent them or punish those who committed them.
Intelligence agency whistleblowers recently leaked to ABC News a list of six “Enhanced Interrogation Techniques” authorized for CIA agents in mid-March 2002. The agents, according to an ABC News report, did so “because the public needs to know the direction their agency has chosen.”
The techniques included “Water Boarding:” “The prisoner is bound to an inclined board, feet raised and head slightly below the feet. Cellophane is wrapped over the prisoner’s face and water is poured over him. Unavoidably, the gag reflex kicks in and a terrifying fear of drowning leads to almost instant pleas to bring the treatment to a halt.” CIA officers who subjected themselves to the technique lasted an average of 14 seconds before caving in. According to John Sifton of Human Rights Watch, “It really amounts to a mock execution, which is illegal under international law.”
President Bush has said “We do not torture.” But according to a classified report by the CIA’s own Inspector General John Helgerwon, the techniques appeared “to constitute cruel and degrading treatment under the [Geneva] convention.” If so, they are likely to be crimes not only under international law, but under the U.S. Anti-Torture and War Crimes Acts.
Where they have acknowledged prisoner abuse, Bush administration officials have often blamed it on a few “bad apples” at the bottom of the chain of command. But under the principle of command responsibility, this is no excuse — and no legal defense.
Colin Powell’s top aide, Colonel Larry Wilkerson, said late last year that the United States has tortured and, “There’s no question in my mind where the philosophical guidance and the flexibility in order to do so originated — in the vice president of the United States’ office.”
According to Wilkerson, “His implementer in this case was Donald Rumsfeld and the Defense Department.” Wilkerson explained, “The vice president had to cover this in order for it to happen and in order for Secretary Rumsfeld to feel as though he had freedom of action.”
The former commander at Abu Ghraib prison, Brig. Gen. Janis Karpinski, confirms Wilkerson’s charge: Abusive techniques at Abu Ghraib were “delivered with full authority and knowledge of the secretary of defense and probably Cheney.”
This is not just a question of past abuses. According to Wilkerson, “There’s no doubt in my mind that we may still be doing it.” When the vice president of the United States “lobbies the Congress on behalf of cruel and unusual punishment” Wilkerson says he can “only assume” that “it’s still going on.”
Asked whether Cheney was guilty of a war crime, Col. Wilkerson said the vice president’s actions were certainly a domestic crime and, he would suspect, “an international crime as well.” Wilkerson says his charges are based on an “audit trail” he prepared for Secretary Powell, including government memoranda and reports from the International Committee of the Red Cross.
Criminal investigation is warranted where facts or circumstances “reasonably indicate” that a crime has been committed. Wilkerson’s charges are sufficient in themselves to require the Department of Justice to immediately open a criminal investigation of Vice President Cheney and Donald Rumsfeld. Such an investigation could take as its starting point Wilkerson’s “audit trail,” the statements of CIA agents and the CIA Inspector General, and extensive published evidence indicating torture and prisoner abuse by U.S. personnel around the world.
If I. Lewis “Scooter” Libby and other high government officials can be investigated for outing Valerie Plame, don’t facts that “reasonably indicate” war crimes and crimes against humanity deserve equal time?
Bush administration officials have said over and over that they have acted within the law. If so, they have nothing to fear from an investigation and should encourage one to clear the air.
The United States is supposed to have “equal justice under law.” Colonel Carranza has had his day in court. We as citizens — and our prosecutors, judges, and elected representatives — need to address the question: When will Vice President Cheney, Secretary Rumsfeld, and their collaborators get theirs?
BTW, this was from an Alternet article. This is not about me (must get wise to things to know in doing my searching), but for us all..
I did not know this was even in the court system in Memphis! Little do we really know. HUH! :o)
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Here is the link:
The jury found Colonel Nicolas Carranza, former Vice Minister of Defense of El Salvador and now a U.S. citizen living in Memphis, responsible for overseeing the torture and killing in that country 25 years ago.
● Center for Justice and Accountability
El Salvador: Col. Nicolas Carranza
On a December day in 1980, the Rev. Paul Schindler unearthed the bodies of his friends — three nuns and a lay missionary — from the shallow grave where they had been dumped after the women were raped and murdered by soldiers in El Salvador.
Although he could not yet know it, the deaths of Sister Dorothy Kazel, 41; Sister Ita Ford, 40; Sister Maura Clarke 49, and Jean Donovan, 27, would galvanize the U.S. Catholic bishops, put a damper on U.S. military support for the Salvadoran government and probably save many lives.
“The sisters’ deaths stopped the killings,” said Father Schindler, now pastor of St. Bernard parish in Akron, Ohio.
Father Schindler, who went to El Salvador in 1972, said the Carter administration tried to clamp down on human rights abuses, particularly through its Ambassador Robert White. But when Ronald Reagan was elected in 1980 with a strong anti-communist platform, the Salvadoran government believed it could act with impunity, he said.
Immediately after the election, “the death squads were killing 30 people a night. A couple of days before the nuns were killed they had killed five leading political opposition leaders who were meeting in the capital. The army came in, dragged them out, and shot them,” he said.
Death & Lies In El Salvador :: The Ambassador’s Tale
Reagan's election was greeted with
noisy enthusiasm among Salvador's oligarchs!
“Treason doth never prosper: what’s the reason?
For if it prosper, none dare call it treason.”
▼ ▼ ▼ MY DIARY
OUI!!!! You never cease to amaze me here! I do think you are one of the most educated human beings on earth! A GREAT BIG hugs coming your way.
I did recognize the incident once it was mentioned. BUT, can you imagine this man living here that close to me and I not know it!!??? AND TO BOOT HE WAS AN AMERICAN CITIZEN, FOR GOD’S SAKE! This tells me scores as to who was and still is involved with stirring of the feces in south and central america. Wonder how that makes our director of all intel feel just right now? or even if he does feel, that is.
I hope kissinger gets a few sleepless nights now, dont you?…:o)
If my understanding is correct, Henry Kissinger can’t fly internationally as he could be arrested and brought before the world court.
As much as I think W should be frog marched in front of the Hague and spend a few years in a cell next to Slabodan Milosovich (sic), it won’t happen.
Bush will probably never travel internationally once he is no longer in office.
Interesting concept
b rubble, I got to thinking of your analysis,
My only thoughts here were that this man was almost on my door step, for God’s sake! This is so alarming to me. I have family living in Memphis, for heavens sake! Who and what else is in my face as we speak?
Secondly, I consider ghwb one of great condern as well. He was just involved with this going on as Kissinger was. Look at the company they kept, for heavens sake.
Lastly, this old world is so very small, that it only takes a few to disrupt it for almost etenity’s sake. Look at who’s son is the resident of the WH now! Their connections are simply amazing to knwo of and about! Simply amazing…and then they are the ones wiretapping us and eavsdropping on us!!!! good heavens, look at who these ppl are!
It doesn’t really bother me, in the respect that each of us is able to do evil, as well as good. I recently served as a juror on a murder trial, and was sickened at what one can do to a fellow human being.
On the flip side, when I had heard of the bombings in Pakistan that may have killed Zawahari, I was initially glad, until I heard about the civilian casualties. Then, once the facts were known, I was ashamed at what was done in my name, as an American.
As I pondered the situation, I wondered what I would have done in the same situation (without the benefit of hindsight). Although I still don’t know if I would have authorized it, it would have been extremely tempting, even with the casualties.
And that bothers me immensly.
That being said, let me bring up this point (slightly off topic). If I had stayed in the military, with the normal career path, I would have been (if successful) either in charge of a fighter squadron or (if very successful), Executive Officer of an aircraft carrier.
This was an attack on allied territory, not in Afghanistan. This would be the same as bombing a target in Mexico or Canada. This is not a decision that would have been made at the military level. The CYA rule of thumb would have demanded written orders up the chain of command, to the civilian leadership. There is a paper trail somewhere.
Thank you for your dialog. I too am past military. I know the ways, of how things are done. I was thinking of the danger of how this old world has developed in matters of war and peace. In respect to the bombing in Pakistan, I to have to agree with you. I know that, if threatened by someone or something that will harm me or my family, I will retaliate w/o any question. However, I do think there is a rule of verify and to be very sure, even when civilians are involved. I have just taken a different oath. That one is to preserve and protect and save life.
Someone who knows of the paper trail, needs to come forward to report this too, if this was like you said. As I have seen it, we as a force, have been doing this all along to someone or the other. NOt a good thing to have going on.
I did not mean to sound condescending to you. Please accept my apology, if this is how I came across. We are all free to discuss things here.. Glad to have a dialog with you. Welcome Aboard, Sir.
Not condescending at all. I didn’t mean to imply that you were. If I did, please accept MY apology 🙂
Interesting about your oath. When people ask me why I left the military (geesh, 15 years ago), my answer was that I was tired of destroying things. I wanted to devote the rest of my life to creating things, rather than destroying them.
The oath I took was that of someone that takes there work seriously. I am a nurse. That is the oath I refer to. There seems to be a conflicing oath that the militay expects one to supercede theirs for the others. Yes I will protect the constitution and follow orders, etc, but the oath that of a nurse is the one of which I take above all. In todays military, there has been much debate on this particular issue. I do not find it hard to debate with anyone! Yes, I will do what is necessary for the military, but I also draw a line in the sand that I will not cross for anyone. Dr.s and medical personnel should always remember this, no matter what. Seems that this has been blurred nowadays by some. NOt good!IMHO
Again, welcome aboard and hope to see y ou comment more. Your ideas and thoughts are valuable here.
drunk in history.
you know Tracy, you have a point on that one!!!!! :o)
for this interesting little article. As you say who the hell else might be living next to any one of us.
exactly! rather interesting to think about, and needs to be dealt with as well. I think we have a right to know as in sex offenders.