Soldier photography of detainee abuse in Iraq: Digital technology, human rights and the death of Baha Mousa

Human Rights Law Review

Volumn 10, Issue 4, 2010, Pages 689-714

  Whitty, Noel ^a  

^a UNIVERSITY OF NOTTINGHAM   (United Kingdom)

Author keywords

[No Author keywords available]

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EID: 78649648144     PISSN: 14617781     EISSN: 17441021     Source Type: Journal    
DOI: 10.1093/hrlr/ngq041     Document Type: Article

References (175)

1. McLagan, 'Making Human Rights Claims Public', (2006) 108 American Anthropologist 191 at 191.
2. On how visual media shape human rights claims, see, for example, Girling, "'Looking Death in the Face": The Benetton Death Penalty Campaign', (2004) 6 Punishment & Society 271.
3. Gregory, 'Transnational Storytelling: Human Rights,WITNESS, and Video Advocacy', (2006) 108 American Anthropologist 195.
4. Torchin, 'Ravished Armenia: Visual Media, Humanitarian Advocacy, and the Formation of Witnessing Publics', (2006) 108 American Anthropologist 214.
5. Time, 8 December 2009.
6. Images of Saddam Hussein in his underwear while in prison, and a video of his execution, were also uploaded to the Internet
7. See generally Reading, 'Mobile Witnessing: Ethics and the Camera Phone in the "War on Terror"', (2009) 6 Globalizations 61.
8. See, for example, Campbell, 'Atrocity, Memory, Photography: Imaging the Concentration Camps of Bosnia - The Case of ITN versus Living Marxism, Part 2', (2002) 1 Journal of Human Rights 143.
9. Morrison, "'Reflections with Memories": Everyday Photography Capturing Genocide', (2004) 8 Theoretical Criminology 341.
10. See Garland, 'Penal Excess and Surplus Meaning: Public Torture Lynchings in Twentieth-Century America', (2005) 39 Law & Society Review 793 (regarding the photographing of 'the torture and killing of a man by a mob' and the widespread distribution of such images on picture postcards).
11. Cohen, States of Denial: Knowing About Atrocities and Suffering (Cambridge: Polity Press, 2001).
12. Cf. Sontag, Regarding the Pain of Others (London: Penguin, 2004).
13. See, for example, Zelizer, Remembering To Forget: Holocaust Memory Through the Camera's Eye (Chicago: Chicago University Press, 1998).
14. Brown, Regulating Aversion: Tolerance in the Age of Identity and Empire (Princeton NJ: Princeton University Press, 2008) at 107.
15. See the Inquiry website, available at: http://www.bahamousainquiry.org/ [last accessed 26 July 2010].
16. The Inquiry is established under the Inquiries Act 2005 and is chaired by a retired Court of Appeal judge, Sir William Gage. Written submissions are identified by the author name, the prefix 'Sub', and individual page numbers.
17. Transcripts of testimony at the Inquiry are identified by the witness name, the prefix 'BMI', and individual page numbers.
18. MoD Closing Sub001017 at para. 2.
19. Public Interest Lawyers ('PIL') Closing Sub002341 at para. 328.
20. For details on PIL, a solicitors' firm led by Phil Shiner, see: http://www.publicinterestlawyers.co.uk/ [last accessed 31 July 2010].
21. PIL Closing Sub002322 at para. 291.
22. The charge was brought under the International Criminal Court Act 2001.
23. Physical and psychological coercion were used to extract information from detainees, including five practicesçhooding, stress positions, subjection to noise, sleep deprivation and denial of food and drinkçwhich were formally banned by the UK Government in 1972 after their use by the British Army in Northern Ireland. In Ireland v United Kingdom A 25 (1978).
24. EHRR 25, a majority of the European Court of Human Rights found that the combined use of such practices amounted to inhuman and degrading treatment, while three judges dissented on the point and argued that the techniques constituted torture.
25. On the attempts by US lawyers to evade the prohibition on torture, see Waldron, 'Torture and Positive Law: Jurisprudence for theWhite House', (2005) 105 Columbia Law Review 1681.
26. For an account of UK complicity in torture, see Cruel Britannia: British Complicity in the Torture and Treatment of Terror Suspects in Pakistan (NewYork: Human RightsWatch, 2009).
27. ETS 5.
28. See R(Al-Skeini) v Secretary of State for Defence [2004] EWHC 2911 (Admin).
29. [2006] EWCA Civ 1609; [2007] QB 140; and [2007] UKHL 26; [2008] 1 AC 153.
30. For general discussion, see Wilde, 'The "Legal Space" or "Espace Juridique" of the European Convention on Human Rights: Is it Relevant to Extraterritorial State Action', (2005) 2 European Human Rights Law Review 115.
31. King, 'The Extraterritorial Human Rights Obligations of States', (2009) 9 Human Rights Law Review 521.
32. Miller, 'Revisiting Extraterritorial Jurisdiction: A Territorial Justification for Extraterritorial Jurisdiction', (2010) 20 European Journal of International Law 1223.
33. On the procedural investigatory obligation guaranteed by Article 2 ECHR, see R(Smith) v Secretary of State for Defence [2010] UKSC 29; [2010] 3 WLR 223; R(L) v Secretary of State for Justice [2008] UKHL 68; [2009] 1 AC 588; R(Middleton) vWest Somerset Coroner [2004] UKHL 10; [2004] 2 AC 182; and R(Amin) v Secretary of State for the Home Department [2003] UKHL 51; [2004] 1 AC 653.
34. See also Ramsahai v The Netherlands 46 EHRR 983 at paras 324-325 (regarding the meaning of an 'effective' public investigation).
35. Harris et al., Harris, O'Boyle and Warbrick: Law of the European Convention on Human Rights, 2nd edn (Oxford: Oxford University Press, 2009).
36. Davies, 'Baha Mousa Inquiry: Geoff Hoon Claims Ignorance of the Interrogation Video', Guardian, 10 June 2010.
37. Mr Hoon was the Secretary of State for Defence between 1999 and 2005.
38. See generally Porter, The Lion's Share: A Short History of British Imperialism 1850-2004 (London: Longman, 2004).
39. See further, Newsinger, British Counterinsurgency: From Palestine to Northern Ireland (London: Palgrave, 2001).
40. Anderson, History of the Hanged: Britain's DirtyWar in Kenya and the End of Empire (London:Weidenfeld & Nicolson, 2005).
41. See R (Hassan) v Secretary of State for Defence [2009] EWHC 309 (Admin) (regarding the inquiry into death of an Iraqi national in US custody after his transfer from British custody).
42. R(Al-Sweady) v Secretary of State for Defence [2009] EWHC 1687 (Admin) (regarding the alleged killing and torture of Iraqi nationals by British forces).
43. R(Al-Jedda) v Secretary of State for Defence [2007] UKHL 58; [2008] 1 AC 332 (regarding the unlawful detention of an Iraqi national).
44. Al-Saadoon and Mufdhi v United Kingdom Application No 61498/08, Judgment of 2 March 2010 (regarding the transfer of Iraqi nationals from British into Iraqi custody).
45. See generally, Legality of the Threat or Use of NuclearWeapons Advisory Opinion, ICJ Reports (1996) 226.
46. Legal Consequences of the Construction of aWall in the Occupied Palestinian Territory Advisory Opinion, ICJ Reports (2004) 136.
47. Provost, International Human Rights and Humanitarian Law (Cambridge: Cambridge University Press, 2002).
48. Abresch, 'A Human Rights Law of Internal Armed Conflict: The European Court of Human Rights in Chechnya', (2005) 16 European Journal of International Law 74.
49. Gross, 'Human Proportions: Are Human Rights the Emperor's New Clothes of the International Law of Occupation?', (2007) 18 European Journal of International Law 1.
50. See, for example, White, Democracy Goes to War (Oxford: Oxford University Press, 2009).
51. R(Gentle) v The Prime Minister [2008] UKHL 20; [2008] 1 AC 1356 (regarding an inquiry into the UK government decision to invade Iraq).
52. (regarding whether the Human Rights Act 1998 applies to soldiers operating outside a UK military base).
53. American Civil Liberties Union, The Torture Report, available at: http://www.thetorturereport.org/ [last accessed 31 July 2010].
54. See, for example, Steyn, 'Guantanamo Bay: The Legal Black Hole', (2004) 53 International and Comparative Legal Quarterly 1.
55. Steyn, 'The Legality of the Invasion of Iraq', [2010] European Human Rights Law Review 1.
56. Greenberg and Dratel (eds), The Torture Papers: The Road to Abu Ghraib (Cambridge: Cambridge University Press, 2005).
57. Kramer and Michalowski, 'War, Aggression and State Crime: A Criminological Analysis of the Invasion and Occupation of Iraq', (2005) 45 British Journal of Criminology 446.
58. Sands, Lawless World: Making and Breaking Global Rules (London: Penguin, 2006).
59. A second judicial inquiry, the Al-Sweady Inquiry, into allegations of unlawful killings and torture by British military personnel at other locations in southern Iraq commenced in March 2010, available at: http://www.alsweadyinquiry.org/ [last accessed 28 July 2010].
60. See also R(Al Zaki Mousa) v Secretary of State for Defence [2010] EWHC 1823 (Admin) (regarding the application for an additional inquiry into alleged torture of over 100 Iraqi detainees contrary to Article 3 ECHR).
61. For discussion, see Kennedy, Of Law and War (Princeton NJ: Princeton University Press, 2006).
62. Sands, Torture Team: Uncovering War Crimes in the Land of the Free (London: Penguin, 2009).
63. A record of some of the denial strategies can be found in UK Parliament Joint Committee on Human Rights, UN Convention Against Torture: Discrepancies in Evidence Given to the Committee About the Use of Prohibited Interrogation Techniques in Iraq (HL157/HC527, 15 July 2008).
64. R(Al-Sweady) v Secretary of State for Defence [2009] EWHC 2387 (Admin) (regarding judicial criticism of MoD delay, non-disclosure and false public interest immunity claims).
65. For example, Lord Carswell in the House of Lords stated that Mr Mousa suffered 'appalling maltreatment', but 'due to a regrettable paucity of evidence it has not proved possible to bring to justice those responsible for his death'.
66. Lord Justice Rix in the High Court stated: '[T]he burden lies on the British military prison authorities to explain how he came to lose his life while in British custody'.
67. As of June 2010, the Inquiry had heard 247 witnesses and the MoD, for example, had disclosed around 8,000 documents including declassified military orders and email communications.
68. For example, Donal Payne, the soldier seen abusing detainees in the Mousa video, admitted to lying in his evidence to his court-martial and alleged that many soldiers were involved in violence against the detainees: see Payne BMI32/72/8.
69. The Inquiry has heard conflicting accounts of the legal regime applicable to the British Army in Iraq and, in particular, the legal standards which apply to prisoners of war and civilian detainees in occupied territory during times of international armed conflict.
70. For accounts of the relevant law, including the Fourth Geneva Convention general requirement of 'humane' treatment of civilian detainees (as set out in Articles 3, 5, 27, 31, 32, 85 and 89).
71. MoD Closing Sub000953-1016.
72. PIL Victims' Response to MoD Sub002843-71.
73. Duncan MOD022183 (email 16 September 2003).
74. Brigadier Duncan was a senior member of the Intelligence Corps in Iraq in 2003.
75. Rose MOD050809 (email 17 May 2004).
76. Vivien Rose was a legal adviser in the MoD in 2003-04.
77. Duncan BMI06051 at para. 61.
78. Mercer BMI04082 at para. 99.
79. Lt Colonel Mercer was a senior military lawyer in the British Army in Iraq in 2003.
80. For examples of photos, see MOD049409 and MOD054301.
81. See Lewinski, The Camera at War: A History of War Photography from 1848 to the Present Day (London: WH Allen, 1978).
82. Knightley, The First Casualty: TheWar Correspondent as Hero and Myth-Maker from the Crimea to Iraq, 3rd edn (Baltimore MA: John Hopkins University Press, 2004).
83. Carruthers, The Media at War: Communication and Conflict in the Twentieth Century (Basingstoke: Macmillan, 2000).
84. See further International Council on Human Rights Policy, Journalism, Media and the Challenge of Human Rights Reporting (Geneva: ICHRP, 2002).
85. See Taylor, War Photography: Realism and the British Press (London: Routledge, 1991).
86. Body Horror: Photojournalism, Catastrophe and War (Manchester: Manchester University Press, 1998).
87. Cf. King, 'The Afghan War and "Postmodern Memory": Commemoration and the Dead of Helmand', (2010) British Journal of Sociology 1.
88. On the role of the camera in colonial settings, where the proximity of war and everyday life is reflected in photos, see, for example, Ryan, Picturing Empire: Photography and the Visualization of the British Empire (Chicago: Chicago University Press, 1997).
89. Hight and Sampson (eds), Colonialist Photography: Imag(in)ing Race and Place (London: Routledge, 2002).
90. The court-martial of four British soldiers for abuse of Iraqi civilians at Camp 'Bread Basket' near Basra in May 2003 was triggered when the film was handed in for processing at a shop back in England. The film consisted of 22 images of soldiers assaulting Iraqis who had been undressed and bound, and also of images of forced simulated sex.
91. Gillan, 'Soldiers in Iraq Abuse Case Sent to Prison', Guardian, 26 February 2005.
92. For detailed sources, see Struk, Photographing the Holocaust: Interpretations of the Evidence (London: IB Tauris, 2004).
93. Discussion of the atrocity photographs taken by Japanese soldiers between 1934 and 1945.
94. Levin and Uziel, 'Ordinary Men, Extraordinary Photos', at 6, available at: http://www1.yadvashem.org/odot_pdf/Microsoft%20Word%20-%202290.pdf [last accessed 31 July 2010].
95. Prosecutors at the International Military Tribunal in Nuremberg introduced photographic and film evidence of atrocities in relation to the charges of war crimes and crimes against humanity. Note also that the International Military Tribunal for the Far East held that the Japanese government's censorship of photographs depicting mistreatment of prisoners of war was evidence of the government's complicity in war crimes: see United States v Sadao Araki (International Military Tribunal for the Far East, 4-12 November 1948) reprinted in (1979) 60 International Law Studies 437.
96. See Bloxham, Genocide on Trial:War Crimes Trials and the Formation of Holocaust History and Memory (Oxford: Oxford University Press, 2001).
97. Douglas, 'Film as Witness: Screening "Nazi Concentration Camps" before the Nuremberg Trial', (1995) 105 Yale Law Journal 449.
98. Fraser, Law After Auschwitz: Towards a Jurisprudence of the Holocaust (Durham NC: Carolina Academic Press, 2005).
99. See Hagan, Justice in the Balkans: ProsecutingWar Crimes in the Hague Tribunal (Chicago IL: Chicago University Press, 2003) at 45-46.
100. In June 2005, in the Slobodan Milošević case, the ICTY viewed video footage showing a Serbian paramilitary unit, calling itself the Scorpions, execute six Bosnian Muslim men and teenagers captured after the fall of Srebrenica in 1995.
101. 75 UNTS 135 and 75 UNTS 287, respectively. The relevant part of Article 27 Fourth Geneva Convention states detainees 'shall be protected especially against all acts of violence or threats thereof and against insults and public curiosity'.
102. ICRC, Commentary: Convention (III) Relative to the Treatment of Prisoners of War 141, available at: http://www.icrc.org/ihl.nsf/COM/375-590017 [last accessed 31 July 2010].
103. See also Rowe, The Impact of Human Rights Law on Armed Forces (Cambridge: Cambridge University Press, 2006) at 114
104. See, for example, Welch, 'Detained in Occupied Iraq: Deciphering the Narratives for Neocolonial Internment', (2010) 12 Punishment & Society 123 (regarding the US military detention in 2007 of over 26,000 Iraqis in a network of large camps).
105. American Civil Liberties Union v US Department of Defense,543 F.3d 59 (2d Cir. 2008) (on appeal to the US Supreme Court).
106. Anden-Papadopoulos,'Body Horror on the Internet: US Soldiers Recording theWar in Iraq and Afghanistan', (2009) 31Media, Culture & Society 921 at 923.
107. In contrast, the editorial position of Al-Jazeera - the international news network with headquarters in the Arabian Gulf state of Qatar - was to broadcast uncensored images from the Iraqi war zone.
108. Kennedy, 'Securing Vision: Photography and US Foreign Policy', (2008) 30 Media, Culture & Society 279 at 283.
109. Jessica Lynch was allegedly wounded in a gun battle, captured and mistreated during her detention in an Iraqi hospital. Subsequently, it was revealed that she had received the best available medical treatment from Iraqi medical staff from injuries diagnosed as resulting from a serious road traffic accident.
110. Campbell,'Representing Contemporary War', (2003) 17 Ethics & International Affairs 99 at 104.
111. See Beard, 'Law and War in the Virtual Era', (2009) 103 American Journal of International Law 409.
112. McGreal, 'US Private Bradley Manning Charged with Leaking Iraq Killings Video', Guardian, 6 July 2010.
113. See Brahimi,'Terrorist Beheadings: Politics and Reciprocity', in Scheipers (ed.), Prisoners in War (Oxford: Oxford University Press, 2010) 297.
114. See Report of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, 28 May 2010, A/HRC/14/24/Add.6 at para. 84 (regarding the risk of a 'Playstation' mentality to killings because of the distancing effect of technologyçcomputer screens and remote audio--feedçused by the operators of drones).
115. Urban, Task Force Black: The Explosive True Story of the SAS and the Secret War in Iraq (London: Little, Brown, 2010) at 130 and 143.
116. Under the four 1949 Geneva Conventions and the two Additional Protocols of 1977, the ICRC has a mandate to visit and register detainees, and to monitor their treatment.
117. See also Getting Away withTorture? Command Responsibility for the U.S. Abuse of Detainees (NewYork: Human RightsWatch, 2005).
118. See also HM Government, Consolidated Guidance to Intelligence Officers and Service Personnel on the Detention and Interviewing of Detainees Overseas, and on the Passing and Receipt of Intelligence Relating to Detainees (July 2010), available at: http://download.cabinetoffice. gov.uk/intelligence/consolidated-guidance-iosp.pdf [last accessed 31 July 2010].
119. This document (at 13) regulates UK military personnel involvement with detainees held overseas by third parties and states that hooding may constitute cruel, inhuman or degrading treatment or punishmentçexcept where it does not 'pose a risk to the detainee's physical or mental health and is necessary for security reasons during arrest or transit'.
120. R(Evans) v Secretary of State for the Defence [2010] EWHC 1445 (Admin) (regarding the risk of torture following the transfer of detainees from British custody to specific Afghan detention facilities).
121. See Davies, 'Afghanistan War Logs: Task Force 373 - Special Forces Hunting Top Taliban', Guardian, 25 July 2010.
122. For an account of the ACLU Freedom of Information Act litigation in relation to records on detainees held in US custody abroadçand the destruction, despite court orders, of 'film of hundreds of hours of Washington-directed torture'.
123. Wypijewski, 'Judgment Days: Lessons from the Abu Ghraib Courts-Martial', February 2006, Harper's Magazine 39 at 43.
124. Lee BMI18/126/8-16. Private Lee was a British soldier serving in the Iraq war.
125. See, for example, 'IDF soldier posts images of blindfolded Palestinians on Facebook, from"best time of my life"', Haaretz, 16 August 2010.
126. Kennedy, 'Soldier Photography: Visualising the War in Iraq', (2009) 35 Review of International Studies 817 at 819.
127. The website (now closed down) contained sexually explicit images, which US troops were allowed free access to if they posted an authentic photograph proving they were serving overseas. Only a minority of the photos submitted were graphic battlefield images; the majority were landscape and military equipment images.
128. The US Defense Department launched its own YouTube channel in 2007 called MNFIRAQ (Multi-National Force - Iraq) to provide an alternative, sanitised propaganda footage.
129. States that the US military has no plans to ban the possession of camera phones and digital cameras, but it has imposed restrictions on soldier use of the Internet.
130. Transcript of 24 July 2003, available at: http://www.defense.gov/transcripts/transcript.aspx?transcriptid=2894 [last accessed 31 July 2010].
131. Puar, 'Abu Ghraib: Arguing Against Exceptionalism', (2004) 30 Feminist Studies 522.
132. Danner, Torture and Truth: America, Abu Ghraib and the War on Terror (New York: New York Review of Books, 2004).
133. Mestrovic, The Trials of Abu Ghraib: An Expert Witness Account of Shame and Honour (Boulder: Paradigm Publishers, 2007).
134. Brown, The Culture of Punishment: Prison, Society and Spectacle (NewYork: NewYork University Press, 2009).
135. For further analysis of the soldier photographers involved, including a potential whistle-blowing motive, see Gourevitch and Morris, Standard Operating Procedure: A War Story (London: Picador, 2008).
136. Morris, Standard Operating Procedure (Sony Pictures Classics DVD, 2008).
137. Butler, Frames ofWar:When is Life Grievable (London: Verso, 2009) at 91.
138. For an account of his death, and the removal of his body from the prison.
139. US military investigative reports into Abu Ghraib concentrated on the actions of 'bad apple' soldiers.
140. Cf Senate Armed Services Committee Inquiry into the Treatment of Detainees in U.S. Custody, 12 November 2008, available at: http://levin.senate.gov/newsroom/release.cfm?id=311783 (regarding the involvement of senior military and civilian officials in developing US interrogation policy) [last accessed 31 July 2010].
141. R(Middleton) vWest Somerset Coroner [2004] UKHL 10; [2004] 2 AC 182.
142. Space does not permit a discussion of the interpretation of autopsy photographs. Whether the photographed injuries were visible to military medics at the time of Mr Mousa's attempted resuscitation or not; and their significance in determining the nature and level of violence inflicted, and the ultimate cause of his death, are all heavily contested issues before the Inquiry.
143. PIL Closing Sub002225 at para. 126.
144. PIL Closing Sub002399 at para. 453.
145. Soldier Photography of Detainee Abuse in Iraq 709.
146. PIL Closing Sub 002622 at para. 223.
147. Only Inquiry personnel can judge this gaze because Corporal Payne's face is redacted in the video released to the public. PIL also make reference to the other examples of photos found amongst soldiers in the regiment, including images of dead bodies, hooded prisoners and prisoners in forced positions.
148. One soldier, Private Mackenzie, created fake photos, representing the abuse of Iraqi detainees, which he sold to the Daily Mirror in May 2004.
149. Sontag, On Photography (New York: Anchor Books, 1990), argues that a photograph is more powerful than the visual flow of a video because the arrest of time in the photograph provides the space for contemplation of the image. On the other hand, a video may provide context that a photograph lacks.
150. Payne BMI32/132/1-9.
151. Peebles BMI40/203/14-204/15.
152. See, for example, Crowcroft BMI22/109/14; and Payne Closing Sub0000019 at para. 3.39.
153. Treasury Solicitor's Reply Sub002812 at para. 57.
154. Treasury Solicitor's Closing Sub001258 at para. 43.
155. In this respect, the relatively 'moderate' violence shown in the Mousa video could act to deflect public attention away from the much more brutal violence that occurred later and elsewhere.
156. MoD Reply Sub002734 at para. 25.
157. MoD Closing Sub001017 at para. 2.
158. MoD Closing Sub001026 at para. 2.
159. The MoD admitted legal liability and paid compensation of »2.83 million to the families of Mr Mousa and the nine other detainees in July 2008.
160. PIL Closing Sub002220 at para. 117.
161. PIL Closing Sub002390 at para. 427.
162. David Garland has also argued that the image of a prison inmate works against sympathetic public engagement with their welfare; the assumption being one of 'supposed guilt' because they are visualised in a prison. Arguably, this effect is enhanced in a war zone with hooded detainees.
163. See Garland, 'Postcards from the Edge: Photographs of Torture in Abu Ghraib and the American South', in Behr et al. (eds), Kriminalitäts-Geschichten (Berlin: Lit Verlag, 2006) 25 at 30.
164. See, for example, Anthony and Mageean,'Habits of Mind and "Truth Telling": Article 2 ECHR in Post-Conflict Northern Ireland', in Morison et al. (eds), Judges, Transition and Human Rights (Oxford: Oxford University Press, 2007) 181.
165. Jamieson and McEvoy, 'State Crime by Proxy and Juridical Othering', (2005) 45 British Journal of Criminology 504.
166. Contrast the 1972 Widgery Report with the 2010 Report of the Bloody Sunday Inquiry, chaired by Lord Saville, available at: http://www.bloody-sunday-inquiry.org/ [last accessed 31 July 2010].
167. Cockburn, The Occupation:War and Resistance in Iraq (London: Verso, 2007).
168. Chandrasekaran, Imperial Life in the Emerald City: Inside Baghdad's Green Zone (London: Bloomsbury, 2006).
169. The ICRC and Amnesty International complained about the condition of detainees from March 2003 onwards: see MOD Sub012243 at MOD012256; and ICRC, Report of the International Committee of the Red Cross (ICRC) on the Treatment by the Coalition Forces of Prisoners of War and Other Protected Persons by the Geneva Conventions in Iraq during Arrest, Internment and Interrogation (February 2004).
170. The involvement of UK special forces in US military operations, and their handing over of detainees to particular US-controlled sites, was also apparently the subject of major controversy.
171. Who were supportive of the view that jurisdiction could extend beyond the walls of the military prison.
172. Rejali, Torture and Democracy (Princeton: Princeton University Press, 2009).
173. There is also a photo of Baha Mousa, his wife and two sons in the public domain, but this is used less frequently in television and newspaper coverage.
174. See also Cohen, 'Government Responses to Human Rights Reports: Claims, Denials and Counterclaims', (1996) 18 Human Rights Quarterly 517.
175. Valverde, Law and Order: Images, Meanings, Myths (Abingdon: Routledge-Cavendish, 2006) at 153.