United States policy toward enemy detainees in the "war on terrorism"

Human Rights Quarterly

Volumn 28, Issue 2, 2006, Pages 465-491

  Forsythe, David P ^a  

^a UNIVERSITY OF NEBRASKA LINCOLN   (United States)

Author keywords

[No Author keywords available]

Indexed keywords

DEMOCRACY; HUMAN RIGHTS; POLICY STRATEGY; TERRORISM; WAR;

EURASIA; EUROPE; FRANCE; NORTH AMERICA; UNITED STATES; WESTERN EUROPE;

EID: 33745033114     PISSN: 02750392     EISSN: None     Source Type: Journal    
DOI: 10.1353/hrq.2006.0017     Document Type: Review

References (155)

1. See Anatol Lieven, America Right or Wrong: An Anatomy of American Nationalism (2004);
2. Seymour Martin Lipset, American Exceptionalism: A Double Edge Sword (1998);
3. Charles Lockhart, The Roots of American Exceptionalism: History, Institutions, and Culture (2003).
4. Tony Smith, America's Mission: The United States and the Worldwide Struggle for Democracy in the Twentieth Century (1994).
5. On the triumph of the activist version of American exceptionalism, and doubts about it, see Michael H. Hunt, Ideology and US Foreign Policy (1987).
6. The four freedoms stressed were freedom from want, freedom from fear, freedom of religion, and freedom of speech. Among many other analyses, see Cass R. Sunstein, The Second Bill of Rights: FDR's Unfinised Revolution and Why We Need It More Than Ever (2004).
7. American exceptionalism is not entirely exceptional. See Human Rights and Comparative Foreign Policy (David P. Forsythe ed., 2000);
8. Lieven, supra note 1.
9. See Human Rights and Diversity: Area Studies Revisited 25 (David P. Forsythe & Patrice C. McMahon eds., 2003).
10. The repressive spirit of those Wilsonian times is captured well by John Barry. John M. Barry, The Great Influenza: The Epic Story of the Deadliest Plague in History 205-07 (2004).
11. Geneva Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, 12 Aug. 1949, 6 U.S.T. 3114,
12. 75 U.N.T.S. 31 (entered into force 21 Oct. 1950) (entered into force for U.S. 2 Feb. 1956) [hereinafter Geneva Convention I];
13. Geneva Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, 12 Aug. 1949, 6 U.S.T. 3217,
14. 75 U.N.T.S. 85 (entered into force 21 Oct. 1950) (entered into force for U.S. 2 Feb. 1956) [hereinafter Geneva Convention II];
15. Geneva Convention (III) Relative to the Treatment of Prisoners of War, 12 Aug. 1949, 6 U.S.T. 3316,
16. 75 U.N.T.S. 135 (entered into force 21 Oct. 1950) (entered into force for U.S. 2 Feb. 1956) [hereinafter Geneva Convention III];
17. Geneva Convention (IV) Relative to the Protection of Civilian Persons in Time of War, 12 Aug. 1949, 6 U.S.T. 3516,
18. 75 U.N.T.S. 287 (entered into force 21 Oct. 1950) (entered into force for U.S. 2 Feb. 1956) [hereinafter Geneva Convention IV].
19. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted 10 Dec. 1984, G.A. Res. 39/46, U.N. GAOR, 39th Sess., Supp. No. 51, U.N. Doc. A/39/51 (1985) (entered into force 26 June 1987), reprinted in 23 I.L.M. 1027 (1984),
20. substantive changes noted in 24 I.L.M. 535 (1985).
21. See Rashid Khaldi, Resurrecting Empire (2004);
22. Niall Ferguson, Empire: The Rise and Demise of the British World Order and the Lessons for Global Power (2002).
23. See E. J. Hobsbawn, Nations and Nationalism Since 1780: Programme, Myth, Reality 12 (Cambridge Univ. Press 1990).
24. Id.
25. Paul Aussaresses, The Battle of the Casbah: Terrorism and Counter-Terrorism in Algeria 1955-1957, at xiii, 17 (2002).
26. Jean-Paul Satre, Introduction to Henri Alleg, The Question 12, 13-14 (1958).
27. Only when a prisoner, as a matter of certainty, possesses actionable intelligence about an impending major attack that threatens the life of a democratic nation should abuse be justified. See Michael Ignatieff, The Lesser Evil: Political Ethics in an Age of Terror (2004). Even then, for Ignatieff, certain controls would need to be in place.
28. See Tim Golden, After Terror, A Secret Rewriting of Military Law, N.Y. Times, 24 Oct. 2005;
29. John Barry et al., The Roots of Torture, Newsweek, 24 May 2004, at 26.
30. This was suggested diplomatically in establishment circles. Richard B. Bilder & Detlev F. Vagts, Speaking Law to Power: Lawyers and Torture, 98 Am. J. Int'l L. 689, 691 (2004).
31. Interview with Vice President Dick Cheney (NBC Meet the Press television broadcast, 16 Sept. 2001), quoted in Human Rights Watch, Getting Away with Torture? Command Responsibility for the U.S. Abuse of Detainees 9 (2005), available at http://www.hrw.org/reports/2005/us0405/.
32. Hearing before the H. and S. Intelligence Comm. on Pre-9/11 Intelligence Failures, 107th Cong. (2002) (testimony of Cofer Black), quoted in Human Rights Watch, Getting Away with Torture? Command Responsibility for the U.S. Abuse of Detainees, supra note 17, at 9.
33. James Mann, Rise of the Vulcans: The History of Bush's War Cabinet 297 (2004).
34. See The Torture Papers: The Road to Abu Ghraib (Karen J. Greenberg & Joshua L. Dratel eds., 2005) [hereinafter The Torture Papers];
35. Mark Danner, Torture and Truth: America, Abu Ghraib, and The War on Terror (2004).
36. For a short and readable overview, see Jordan Paust, The Common Plan to Violate the Geneva Conventions, Jurist, 25 May 2004, available at http://jurist.law.pitt.edu/forum/paust2.php.
37. It is reasonable to characterize Afghanistan during 2001 and 2002 as manifesting an internal armed conflict between the Taliban government and the Northern Alliance, over which was imposed an international armed conflict between the United States and the Taliban government.
38. Geneva Convention III, supra note 7.
39. Geneva Convention IV, supra note 7.
40. For a short and readable review of this issue, plus notation of its importance, see Adam Roberts, The Prisoner Question: Keeping the Unlawful Combatants Out of Legal Limbo, Wash. Post Outlook, 3 Feb. 2002, at B1.
41. Some of those detained at Guantanamo Bay were of various nationalities and seized in Bosnia, Macedonia, Pakistan, or some other place outside of Afghanistan; and their legal status was clearly different, especially from Afghanistan nationals.
42. For the relevant documents, see The Torture Papers, supra note 20.
43. There is no clear scientific or legal distinction between torture and lesser forms of mistreatment. Case law over time might clarify the difference, per the European Court of Human Rights or the Israeli Supreme Court. But given that the international legal definition of torture hinges on the intentional infliction of intense pain, physical or mental, the dividing line is subjective.
44. The Torture Papers, supra note 20.
45. Dana Priest, CIA Holds Terror Suspects in Secret Prisons, Wash. Post, 2 Nov. 2005, at A1.
46. Douglas Jehl, White House Has Tightly Restricted Oversight of C.I.A. Detentions, Officials Say, N.Y. Times, 6 Apr. 2005, at A21.
47. For a particularly good analysis of US ties with Uzbekistan on this matter, with confirmation from British diplomatic circles, see Don Van Natta, Jr., U.S. Recruits a Rough Ally to be a Jailer, N.Y. Times, 1 May 2005, at 1.
48. Also, an Australian security official confirmed that another person was picked up in Pakistan, transferred to Egypt, then sent to Gitmo. Raymond Bonner, World Briefing, Australia; Security Chief Says Detainee was in Egypt, N.Y. Times, 16 Feb. 2005, at A8.
49. US officials had previously denied all this. See also Jane Mayer, Outsourcing Torture, New Yorker, 14 Feb. 2005, at 106.
50. Michael Scheuer, A Fine Rendition, N.Y. Times, 11 Mar. 2005, at A23. The author is a former CIA official.
51. The US and UK statements accepting that IHL applied to Iraq after their invasion is reviewed with citations by Scheffer. David J. Scheffer, Beyond Occupation Law, 97 Am. J. Int'l L. 842 (2003).
52. Mann, supra note 19;
53. see also Robert Kagan, Of Paradise and Power: American and Europe in the New World Order (2003);
54. John F. Murphy, The United States and the Rule of Law in International Affairs (2004). The author, a former State Department lawyer, sees the US as now failing to fashion foreign policy with respect for international law.
55. See Elizabeth Holtzman, Torture and Accountability: Prosecuting US Misconduct in Iraq, Nation, 28 June 2005, at 20.
56. Initially, under Baccus and Dunleavy, particularly, the military police at Gitmo operated according to the rule book of the Geneva Conventions. See Interview with Rick Baccus, The Torture Question, Frontline, PBS, available at http://www.pbs.org.wgby/pages/front-fline/torture/ interviews.
57. The Torture Papers, supra note 20.
58. Neil A. Lewis, Red Cross Finds Detainee Abuse in Guantanamo, N.Y. Times, 30 Nov. 2004, at A1.
59. This essay has more on the ICRC later. The FBI memos were obtained and published by the ACLU on its website. For the interrogator's book, see Erik Saar & Viveca Novak, Inside The Wire (2005).
60. For the chaplain's book, see James Yee, For God and Country: Faith and Patriotism under Fire (2005).
61. Amnesty International, United States of America: Human Dignity Denied: Torture and Accountability in the "War on Terror" (2004) [hereinafter Al, Human Dignity Denied].
62. For another summary, see Human Rights Watch, Timeline of Detainee Abuse Allegations and Responses, 7 May 2004, available at www.hrw.org/english/ docs/2004/05/07/usint8556.htm.
63. See also Bob Herbert, Stories From The Inside, N.Y. Times, 7 Feb. 2005, at A21.
64. See Josephy Lelyveld, Interrogating Ourselves, N.Y. Times Mag., 12 June 2005, at 36;
65. see also Ignatieff, supra note 14.
66. Douglas Jehl et al., C.I.A. Is Seen as Seeking New Role on Detainees, N.Y. Times, 16 Feb. 2005, at A16.
67. Porter Goss, the new head of the Agency, told Congress that he could not confirm that all past CIA practices had been in keeping with federal laws that prohibited torture. Douglas Jehl, Questions Left By C.I.A. Chief on Torture Use, N.Y. Times, 18 Mar. 2005, at A1.
68. Saar & Novak, supra note 40. His account on this point was later confirmed by other sources.
69. James Fallows, Blind Into Baghdad, Atlantic Mon., Jan.-Feb. 2004, at 53;
70. Michael R. Gordon, How the Postwar Situation in Iraq Went Awry "Catastrophic Success," Int'l Herald Trib., 19 Oct. 2004.
71. See also Larry Diamond, Squandered Victory: The American Occupation and the Bungled Effort to Bring Democracy to Iraq (2005).
72. See The Schlesinger Report, Final Report of the independent Panel to Review DoD Detention Operations (Aug. 2004), reprinted in The Torture Papers, supra note 20, at 908.
73. An internal military investigation of Miller at Gitmo recommended a reprimand, but this did not occur. David S. Cloud, Guantanamo Reprimand was Sought, an Aide Says, N.Y. Times, 13 July 2005, at A16.
74. Douglas Jehl, The Reach of War: Interrogations; C.I.A Order On Detainees Shows Its Role Was Curbed, N.Y. Times, 14 Dec. 2004, at A15.
75. Reuters, Harsh Tactics Were Allowed, General Told Jailers in Iraq, N.Y. Times, 30 May 2005, at A8.
76. A UN rapporteur on Afghanistan for the Human Rights Commission, M. Cherif Bassiouni, who teaches at DePaul University in the United States, compiled a damaging report on prisoner treatment in Afghanistan, whereupon his position was not renewed by the Commission. Warren Hoge, Lawyer Who Told of US Abuses at Afghan Bases Loses U.N. Post, N.Y. Times, 30 Apr. 2005, at A7.
77. See, e.g., Human Rights Watch, Afghanistan, available at http:// www.hrw.org/doc?t=asia&c=afghan.
78. On ghost detainees in Afghanistan, see Eric Schmitt & Tim Golden, Details Emerge on Terror Suspects' Afghan Jailbreak, Int'l Herald Trib., 30 Apr. 2005, at A6.
79. On CIA use of cold cells and water boarding, see Human Rights First, CIA Sources Outline Interrogations Methods, U.S. L. & Sec. Dig., 2 Dec. 2005, available at http://www.humanrightsfirst.org/us_law/digest/ usls-digest74_120205.htm.
80. It is relevant to recall that given the tenor of the times, US citizens seen as lending support to "the enemy" were treated badly when detained. James Yee, an Islamic chaplain at Gitmo, was given harsh detention conditions, including prolonged isolation, before all charges were dropped. John Lindh, captured while fighting for the Taliban in Afghanistan, was treated illegally and coercively before legal proceedings and plea bargaining led to his twenty-year jail term. For receiving a shorter sentence than the law allowed, he dropped his charges relating to mistreatment.
81. For the pertinent memos, see The Torture Papers, supra note 20. US policy was similar to Israeli policy in occupied territory, at least up to 1999: rejection of the formal application of IHL and a promise to treat humanely, but actual abuse of prisoners.
82. Al, Human Dignity Denied, supra note 41.
83. Neil A. Lewis, U.S. Spells Out New Definition Curbing Torture, N.Y. Times, 1 Jan. 2005, at A1.
84. Various sorts of semantic games by governmental spokespersons tried to convey that "sleep management" and "stress positions" did not add up to abuse, humiliating treatment, degrading treatment, ill-treatment, or, in combination, torture. See Adam Hochschild, Op-Ed, What's in a Word? Torture, N.Y. Times, 23 May 2004, at 11 §4.
85. Josh White & John Mintz, Red Cross Cites "Inhume" Treatment at Guantanamo, Wash. Post, 1 Dec. 2004., at A10.
86. See also Anthony Lewis, Guantanamo's Long Shadow, N.Y. Times, 21 June 2005, at A23 (reacting to statement by Vice President Cheney).
87. See also the statement by Secretary of Defense Rumsfeld, denying that any abuse at Abu Ghraib was related to interrogation. Eric Schmitt, The Reach of War: Prisoners/ Rumsfeld Mischaracterizes Findings of 2 Studies on U.S. Abuse at Iraqi Interrogations, N.Y. Times, 28 Aug. 2004, at A6.
88. David Johnston & Thom Shanker, Pentagon Approved Intense Interrogation Techniques for Sept. 11 Suspect at Guantanamo, N.Y. Times, 21 May 2004, at A10;
89. Maxim Knaizkov, Pentagon Gives no Excuses for Suspect Treatment: Senators Aghast, Agence France Presse, June 2005.
90. See US Department of State, County Reports on Human Rights Practices, available at http://www.state.gov/g/drl/hr/c1470.htm.
91. A German national was seized by the US in the Balkans, then transferred to Afghanistan, where he was abused. It was a case of mistaken identity, and NSC Advisor Rice intervened after some months to get him released, with involvement by the German government. "Ghost detainees" could be "rendered" almost anywhere in this secret, unaccountable process. Apparently, the prisoner was bound in painful positions, beaten, and injected with drugs. David Johnston, Rice Ordered Release of German Sent to Afghan Prison in Error, N.Y. Times, 23 Apr. 2005, at A3.
92. She claims in her book that she was used as a scapegoat, having neither the authority nor the resources to have been responsible for abuses at Abu Ghraib. Janis L. Karpinski, One Woman's Army: The Commanding General of Abu Ghraib Tells Her Story (2005).
93. United Press International (UPI), General at Odds over Abuse at Prisons, Wash. Times, 26 May 2004 (reporting on Pappas comments to Major General Taguba).
94. See also Douglas Jehl, Officers Say U.S. Colonel at Abu Ghraib Prison Felt Intense Pressure to Get Inmates to Talk, N.Y. Times, 19 May 2004, at A21.
95. See, e.g., The Abu Ghraib Investigations: The Official Reports of the Independent Panel and Pentagon on the Shocking Prisoner Abuse in Iraq (Steven Strasser ed., 2004).
96. The Church report was widely seen as a whitewash of the issues. Among many typical press reports, see Tom Squitieri, Pentagon Report on Prisoner Abuse Met with Skepticism: Probe to Go On, USA Today, 11 Mar. 2005.
97. See Holtzman, supra note 36;
98. R. Jeffery Smith, General is Said to Have Urged Use of Dogs, Wash. Post, 26 May 2004, at A1.
99. Sartre, supra note 13.
100. Samantha Power, A Problem from Hell: America and the Age of Genocide (2002).
101. See Michael Mandelbaum, The Ideas that Conquered the World: Peace, Democrary, and Free Markets in the Twenty-First Century 93 (2002).
102. A public opinion poll conducted at the University of Maryland in the summer of 2004 found that the US public opposed almost all forms of torture, even faced with possible terrorism. PIPA/Knowledge Networks Poll, Americans on Detention, Torture, and the War on Terrorism (22 July 2004), available at http://www.pipa.org/OnlineReports/Terrorism/ Torture_Jul04/Torture_Jul04_rpt.pdf.
103. Ignatieff, The Lesser Evil: Political Ethics in an Age of Terror, supra note 14.
104. John Tierney, Hot Seat Grows Lukewarm Under Capital's Fog of War, N.Y. Times, 20 May 2004, at A14.
105. Executive Nomination: Hearing Before the S. Comm. on the Judiciary, 109th Cong. (2005).
106. For a cover story on torture with a picture of John McCain, see Newsweek, 21 Nov. 2005.
107. Eric Schmitt, Senate Moves to Protect Military Prisoners Despite Veto Threat, N.Y. Times, 5 Oct. 2005, at A1.
108. The House vote was 308-122. See Press Release, Human Rights First, House Votes Overwhelmingly in Favor of McCain Amendment: Motion to Instruct Conferees Passes with 308 Votes (14 Dec. 2005), available at http:// www.humanrightsfirst.org/media/2005_alerts/etn_1215_vote_mccain.htm.
109. Eric Schmitt, Exception Sought in Detainee Abuse Ban, N.Y. Times, 25 Oct. 2005, at A17.
110. See President's Statement on Signing of H.R. 2863, the "Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006," (30 Dec. 2005), available at http://www.whitehouse.gov/news/releases/2005/12/.
111. For an analysis of the meaning of Bush's technical signing statement, see Charlie Savage, Bush Could Bypass New Torture Ban, Boston Globe, 4 Jan. 2006.
112. Sheryl Gay Stolberg, Leading Democrat Apologizes for Prisoner Abuse Remark, N.Y. Times, 22 June 2005, at A14.
113. Saar & Novak, supra note 40.
114. See Memorandum from Christopher Anders, ACLU Legislative Counsel, ACLU Interested Persons Memo on FBI Documents Concerning Detainee Abuse at Guantanamo Bay (12 July 2005), available at http://www.aclu.org/safefree/ general/19913leg20050712.html.
115. See generally Human Rights First, available at http:// www.humanrightsfirst.org/index.asp.
116. The Torture Papers, supra note 20, at 558.
117. For a roundtable discussion with Scott Horton, see Accounting for Abuse (PBS television broadcast, 25 Aug. 2004), available at http:// www.pbs.org/newshour/bb/military/july-dec04/abughraib_8-25.html.
118. Crook reviews the Hamdi and Rasul cases, as well as the matter of military commissions. John R. Crook, Treatment of U.S. Detainees at Guantanamo Bay, Supreme Court Litigant Released to Return to Saudi Arabia, 99 Am. J. Int'l L. 261, 261-62 (2005).
119. In 2005, a poll of citizens found that in Britain and France, China rated more favorably than did the United States. Favorable views of the United States were 38 percent in Indonesia, 23 percent in Pakistan, and 23 percent in Turkey. Associated Press, Poll: U.S. Image in Tatters Abroad, 23 June 2005, available at http://www.cbsnews.com/stories/2005/ 06/23/world/main703813.shtml.
120. Neil MacFarquhar, Lebanese Would-Be Suicide Bomber Tells How Volunteers Are Waging Jihad in Iraq, N.Y. Times, 2 Nov. 2004, at A11.
121. See Human Rights Watch, UK: Promises on Torture Don't Work: "Diplomatic Assurances" Will Not Protect Deportees, 6 Oct. 2004, available at http://www.hrw.org/english/docs/2004/10/06/uk9459.htm.
122. It is unlikely that secret CIA interrogation centers could have existed in Europe or that the CIA used European air space and airports for renditions without some knowledge and cooperation by at least some European security managers.
123. See, e.g., John H. Cushman, Jr., U.N. Condemns Harsh Methods In Campaign Against Terror, N.Y. Times, 28 Oct. 2004, at A13. This refers to comments by Theo van Boven, UN Special Rapporter on Torture.
124. Mary Robinson criticized US detainee policies on Australian television. See Interview with Mary Robinson (SBS Television Broadcast, 31 Aug. 2005), available at http://news.sbs.com.au/dateline/ index.php?page=archive&daysum=2005-08-31.
125. Similarly, Louise Arbour criticized the policies on BBC. See BBC News, UN Renews US "Torture" Criticism, Top UN human rights official Louise Arbour has repeated accusations made earlier this week that the US and other countries are easing curbs on torture, 9 Dec. 2005, available at http://news.bbc.co.uk/1/hi/world/europe/4514958.stm.
126. Al, Human Dignity Denied, supra note 41. The report, not terribly well organized, consists of 118 pages and 771 reference notes.
127. See Editorial, When Amnesty International Recklessly Calls Guantanamo a "Gulag," It's All Too Easy for Bush to Dismiss, Pittsburgh Post-Gazette, 3 June 2005.
128. Human Rights Watch, Getting Away with Torture?: Command Responsibility for the U.S. Abuse of Detaninees, supra note 17.
129. It consists of ninety-three pages and 374 reference notes. See Center for Constitutional Rights, Center for Constitutional Rights Seeks Criminal Investigation in Germany into Culpability of U.S. Officials in Abu Ghraib Torture, available at http://www.ccr-ny.org/v2/legal/ september_11th/sept11Article.asp?ObjID=1xiAD JOOQx&Content=472 (providing an overview of the case).
130. Lelyveld examines a new US military manual on interrogation and a US report to the UN Committee against Torture. See Lelyveld, supra note 42.
131. The ICRC is a private Swiss association, part of Swiss civic society. But it is recognized in public international law and given certain rights in IHL. It is treated by the Swiss government now, and by most governments, as if it were a public international organization or intergovernmental organization. See David P. Forsythe, The Humanitarians: The International Committee of the Red Cross (2005).
132. Geneva Convention III, supra note 7, art. 126;
133. Geneva Convention III, supra note 7, art. 143.
134. Action by the International Committee of the Red Cross in the event of violations of international humanitarian law or of other fundamental rules protecting persons in situations of violence, in Int'l Rev. Red Cross 858, 393 (2005).
135. Doctrine 58, like most ICRC doctrinal statements, has never been published as a separate statement. But it has been referred to in many ICRC explanations about its activities. See Forsythe, The Humanitarians, supra note 95.
136. See Lelyveld, supra note 42.
137. The flurry of memos by US civilian and military authorities about what types and categories of interrogation techniques were permitted for use on enemy detainees did not occur until the fall of 2002. Also, it was in the second half of 2002 when FBI agents complained about military interrogation at Gitmo. See The Torture Papers, supra note 20.
138. See also Kate Zernike, Newly Released Reports Show Early Concern on Prison Abuse, N.Y. Times, 6 Jan. 2005, at A1.
139. Press Release, International Committee of the Red Cross Geneva Convention on Prisoners of War (9 Feb. 2002). Some of the Gitmo detainees had no connection with Afghanistan and the armed conflict there but rather were seized in places such as Bosnia, Macedonia, etc.
140. According to the BBC, citing US military sources, more than thirty-four prisoners at Gitmo have attempted suicide since January 2002. BBC, Mass Guantanamo Suicide Protest, Twenty-three prisoners tried to hang or strangle themselves during a mass protest at Guantanamo Bay in 2003, the US military has revealed, 25 Jan. 2005, available at http:// news.bbc.co.uk/2/hi/americas/4204027.stm
141. See generally ICRC, Annual Report, available at http://www.icrc.org/Web/ Eng/siteeng0.nsf/html/section_annual_report_2004?OpenDocument.
142. ICRC visits may be delayed for "military necessity," but this is supposed to be temporary. Geneva Convention (IV) Relative to the Protection of Civilian Persons in Time of War, 12 Aug. 1949, art. 143, 6 U.S.T. 3516,
143. 75 U.N.T.S. 287 (entered into force 21 Oct. 1950) (entered into force for U.S. 2 Feb. 1956). In some cases at Gitmo, the ICRC was denied visits to certain individuals for months.
144. See generally Michael Ratner & Ellen Ray, Guantanamo: What the World Should Know (2004).
145. See Neil A. Lewis, Red Cross Finds Detainee Abuse in Guantanamo, N.Y. Times, 30 Nov. 2004, at A1, which is based on an ICRC report leaked by a US source.
146. ICRC Hits Back at US Senate Report, Saying it's Part of Smear Campaign, Agence France Presse, 17 June 2005.
147. See also Alexander G. Higgins, Associated Press, International Red Cross Says U.S. Cooperation Good on Guantanamo Despite Critics, 17 June 2005.
148. For references to the Mandela statement about the importance of continuing ICRC visits and information from interviews in Geneva, see Forsythe, The Humanitarians, supra note 95.
149. Al, Human Dignity Denied, supra note 41, at 8.
150. Id. at 54.
151. For the report, see The Torture Papers, supra note 20, at 383.
152. The Fay report notes that US military authorities did not always take ICRC reports seriously or investigate the allegations properly. Geoge R. Fay, U.S. Dept. of Army, Reg. 15-6 Investigation of the Abu Ghraib Prison and 205th Military Intelligence Brigade 34 (2004), available at http://news.findlaw.com/hdocs/docs/dod/fay82504rpt.pdf.
153. Ferguson, supra note 9, at 232-33.
154. The British tortured in Aden and Cyprus; Northern Ireland has already been mentioned. See Kirsten Sellars, The Rise and Rise of Human Rights (2002).
155. Lelyveld, supra note 42, at 41.