A system of torture at guantanamo

A report by the international red cross accuses the pentagon of torture, and a u.S. Human rights group plans to file criminal charges against defense secretary rumsfeld for torture at abu ghraib with the german attorney general

At the same time, the pentagon comes under fire for its mistreatment of detainees at guantanamo and abu ghraib. The center for constitutional rights (ccr), a human rights organization, has announced it will file criminal charges against u.S. Defense secretary rumsfeld and other senior pentagon officials in germany for torture carried out at abu ghraib prison. In a report, as reported by the new york times, the international red cross accuses the pentagon of having systematically engaged in psychological and physical abuse at guantanamo that can be described as torture.

The lawsuit, which ccr and four former iraqi prisoners plan to file with the federal prosecutor general in karlsruhe, had little chance of success. The criminal complaint about "brutal torture" is directed against u.S. Secretary of defense donald rumsfeld, former cia chief george tenet, pentagon undersecretary of state for intelligence steven cambone, and 6 senior officers such as former commander-in-chief of u.S. Forces in iraq general ricardo sanchez or commander jane karpinski, who was in charge of iraqi prisons at the time.

They are accused of war crimes, violations of international law and the un convention against torture in connection with the treatment of iraqi prisoners in abu ghraib. He said the four iraqi co-accused were beaten and sexually abused, subjected to sleep and food deprivation and sensory deprivation by hooding them. As reported by the frankfurter rundschau, the main accusation is that despite numerous reports that senior u.S. Government officials were complicit in the systematic use of torture at abu ghraib and other camps, the pentagon has so far only prosecuted individual perpetrators.

The statement of claim alleges that the dissemination of these practices "not only ordered either directly or indirectly by the highest officials of the u.S. Government, but also contributed to by incorrect and false legal information provided by civilian and military lawyers in the government’s employ" had been. In the statement of claim, the lawyers themselves say that they were given a "awareness of reality" because the lawsuit will probably be futile. However, the law of nations has changed, especially with the establishment of the international criminal court in the hague, which the u.S. Government does not recognize (conflict over the international criminal court). The principle of international law also entitles individual states to prosecute crimes under international law, irrespective of where they occurred. "German law is the world leader in this respect", said peter weiss, the vice-president of the ccr "frankfurter rundschau".

The status of german jurisdiction for the prosecution of war crimes committed in abu ghraib is derived from the german criminal code. According to article 1, the crimes against international law listed therein are subject to the principle of international law.H. Germany is obliged to prosecute the crimes according to the principle of legality even if the crime was committed by foreigners against foreigners abroad, as in this case. A domestic point of contact is no longer necessary for the exercise of german criminal jurisdiction.

From the indictment

Last year, criminal charges had already been filed against the u.S. For war crimes committed during the war in iraq.A. Against general tommy franks, secretary of state colin powell and president george w. Bush. Bush in belgium (judgement day in brussels)?). Belgium had the unique law that war crimes can be prosecuted in belgian courts worldwide. Even before the complaint was filed, brussels was under heavy prere from the u.S. Government and changed the law so that there was no longer an obligation to prosecute the case. A complaint deemed admissible by the prosecution can be transferred to the international criminal court in the hague or to the respective national judiciary. Nevertheless, after the lawsuit was filed, the u.S. Government kept up the prere and threatened to move nato headquarters out of brussels. As a result, the law was defused once again. Only belgians can be prosecuted now (belgium gives in to prere).

Vstgb § 1 scope of application

This law applies to all the crimes against the people’s law specified in it, and to the crimes specified in it even if the crime was committed abroad and has no connection with the country.

The criminal code has been in force since june 2002 and implements the rome statute as the basis for the international criminal court

It can be amed that the german government will also have difficulties with the criminal charges. Either the conflict with the u.S. Will flare up again or, if the case is dismissed, it will be condemned as politically weak and opportune.

A form of torture

In addition to much already known information and testimony, the international red cross has again condemned the practices at guantanamo in a confidential report leaked to the new york times. In june, an inspection team from the aid agency spent an extended period of time in the notorious prison camp, where 550 allegedly dangerous terrorists or "enemy combatants" being held indefinitely. Only since the ccr lawsuit, detainees have been offered a half-hearted opportunity to challenge the reason for their internment before a military court (law-free spaces are illegal).

The psychological and physical coercion inflicted on detainees was tantamount to torture, according to the report, which was submitted to the pentagon, the white house and other u.S. Authorities in july. At guantanamo, he said, one found a system designed to break the will of the prisoners and to keep them away from the interrogators through punishment – "humiliating actions, solitary confinement, extreme temperatures, taking painful body positions" – to make dependent. The methods are increasingly "more sophisticated and repressive" become. Such a system could be called, "which has the express purpose of obtaining information, not otherwise than to describe a deliberately established system of cruel, unusual and degrading treatment and as a form of torture". Prisoners were also beaten, they were subjected to long periods of cold or strong noise or. Exposed to loud music.

Serious is also the accusation that the medical staff actively participated in the abuses. Thus, medical findings were used by the interrogators to better prere the prisoners. Die zahl der gefangenen, die vor allem wegen der langen isolierhaft psychische probleme haben, sei grob. Similar accusations have been made before: abu ghraib, the torture and the doctors’ share of responsibility.

The pentagon denies all allegations. In a statement, it says that staff are extensively trained to respect the rights and dignity of prisoners:

The united states operates a secure, humane and professional detention facility at guantanamo, which provides valuable information for the war on terrorism.

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