al qaeda 3700 - 445 - presentation - what should be done with captured jihadists

8/14/2019 Al Qaeda 3700 - 445 - Presentation - 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


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Project Approach & Overview

Codified Interrogation and Torture Law

Currently used Interrogation Standards

Judicial application of Interrogation

PracticesUS and Middle East Public Perception of

Interrogation Standards.

Conclusions and Policy Recommendations


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Thomas Jalbert Interrogation Thomas Jalbert Interrogation Thomas Jalbert Interrogation

Thomas Jalbert


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Third Geneva Convention -

Rules regarding the treatment of POWs, put inplace in 1950

Prohibits violence against the detainee, includingtorture or degrading treatment

Article 17 says, No physical or mental torture,nor any other form of coercion, may be inflictedon prisoners of war to secure from theminformation of any kind whatever. Prisoners of

war who refuse to answer may not be threatened,insulted, or exposed to any unpleasant ordisadvantageous treatment of any kind.

Signed and ratified by the United States


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United Nations Convention

Prohibits torture and any cruel or degradingtreatment

Reinforced the ban on Refoulement, as setforth in Third Geneva Convention

Article 2 says, No exceptionalcircumstances whatsoever, whether a stateof war or a threat of war, internal political instability or any other public emergency, may

be invoked as a justification of torture.Signed by the United States in 1988, not

ratified until 1994


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US Interpretation of CAT

July 2007 Executive Order determinedthat members of Al Qaeda, the Taliban,and associated forces were unlawful

combatants, and therefore not covered bythe Geneva CAT

reinforced 2002 Bush Opinion

Affirms US Code, which prohibits the useof torture during interrogations by the CIA


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US Codified Definition of Torture

US enacted 18 U.S.C. 2340 and 2340A,which prohibit torture occurring outsidethe United States, to be in compliancewith the UN CAT.

Torture means an act committed by aperson acting under the color of lawspecifically intended to inflict severephysical or mental pain or suffering (otherthan pain or suffering incidental to lawfulsanctions) upon another person within hiscustody or physical control.


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Interpretation of18 U.S.C. -

Redefines meaning of "severe" pain underthe statute as not being limited to"excruciating or agonizing" pain or pain"equivalent in intensity to the painaccompanying serious physical injury,such as organ failure, impairment ofbodily functions, or even death."

Refines the definition that certain conductspecifically intended to cause "severephysical suffering" is distinct from "severephysical pain."


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Optional Protocol to theConvention a ainst Torture

Not signed or ratified by the United States

Establishes an international inspectionsystem for places of detention modeled

on the system which has existed inEurope since 1987

Seeks to prevent torture and other formsof ill-treatment through the establishmentof a system of regular visits to places ofdetention carried out by independentinternational and national bodies.


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Currently Used Interrogation





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Overview -Current US Interrogation

Standards

KUBARK

FM 34-52

FM 2-22.3


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KUBARK (1963)

CIA Interrogation ManualDeclassified in 1997

Addresses Interrogation Process

Includes section regarding CoerciveCounterintelligence Interrogation ofResistant Sources (CIA, 1963)


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KUBARK: Coercive Counterintelligence

Disclaimer

Techniques included

Sensory Deprivation

Threats/FearPain

Narcotics


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FM 34-52: Intelligence

Interro ation

Written prior to GWOT (1992)Used for first few years of GWOTDetails

interrogation processScreeningApproachesquestioning

processing of captured documents


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FM 34-52 Approaches

Direct

Incentive

Emotional

Increased Fear

Pride and Ego

Others


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FM 34-52 cont.

Questioning

Direct

Follow up

Non-pertinentRepeated

Control

Prepared


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FM 2-22.3

2006-Supercedes FM 34-52

Current FM used by DOD

Very concerned with US and International

LawInterrogation now called Human

Intelligence Collection or HUMINT

Addresses many concerns raised by Abu

Ghraib scandal


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Confessions are used to

Designed to get criminal convictions

Prosecutions take full advantage ofstatements


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Evidence against detainees is

Accusations as evidence

Less than objective sources

Additional evidence

Hearsay and coerced evidence


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Evidence may not be admitted

Highly coercive evidence barred

Statements made without witness


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Classified evidence necessitates

Prohibits civil rights groups and detainees

Difficult to challenge sources


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-

Brig. Gen. Thomas Hartmann

Special Agent Robert McFadden


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Poorly administered justiceundermines United States

Supreme Court

European statement


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Public Perception of Torture WissemAbidPublic Perception of Torture WissemAbidPublic Perception of Torture WissemAbid

Public Perception of Torture WissemAbid


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US public opinion on

A large majority of Americans whether they aredemocrats or republicans oppose the treatment ofdetainees at Guantanamo bay.

Two of three Americans say the United States shouldchange 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 noncitizens.

A slight majority of Americans believe that USinterrogation techniques at Guantanamo bay are legal.

A large majority of Americans think that the treatmentof the suspects should be binding by the UN treatiesand international law.


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Public opinion on interrogation

54% of Egyptian believe that clear rules oftorture 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 violatedinternational law in treating the

Guantanamo detainees.Abu Ghraib scandal led to anger and anti-

Americanism in the Middle East


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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 morehumanity. But we have people from more than 50countries that are completely deprived of all rights and

privileges. Sami AL Haj "Our human condition, our human dignity was violated,

and the American administration went beyond allhuman values, all moral values, all religious values.Sami Al Haj


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Effects of Torture

Torture has not been effective in reducingthe threat of Al-Qaeda

Anti-Americanism has increased world wideespecially in the Middle East.

Torture against suspects without charge maydestabilize the situation in the Muslimcountries.

It may affect US Arab relations and hurt US

interests in the Middle East. It helps al-Qaeda leaders to recruit more

young Muslims.


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Conclusion & Policy Recommendations Jason CowlingConclusion & Policy Recommendations Jason CowlingConclusion & Policy Recommendations Jason Cowling

Conclusion & PolicyRecommendations Jason Cowling


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Policy Recommendations

Ratification of OPCAT

Solely use Interrogation Techniques in FM 34-52

Close Guantanamo Bay

Abolish Military Commissions

Repeal ambiguous Executive Orders andJudicial Interpretations supporting tortureand other misfeasance.

Treating Terrorists as Criminals not EnemyCombatants

Account for Past Abuses - Trans arenc


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Polic Blo :

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al qaeda 3700 - 445 - presentation - what should be done with captured jihadists

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