Life Is Not Purgatory
Sunday, January 16, 2005
Only Following Orders
US Army Reserve Specialist Charles Graner was sentenced to 10 years in military prison for his role in the prisoner abuse at the Abu Gharaib prison in Iraq. At his trial and sentencing he repeatedly citing that he was 'only following orders' - the Nuremburg Defence.
Soldiers are required follow any lawful order directed to them by the chain of command. In this case, several articles of the Third Geneva Convention makes any such orders unlawful:
Article 13
Prisoners of war must at all times be humanely treated. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited, and will be regarded as a serious breach of the present Convention. In particular, no prisoner of war may be subjected to physical mutilation or to medical or scientific experiments of any kind, which are not justified by the medical, dental, or hospital treatment of the prisoner concerned and carried out in his interest.
Likewise, prisoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity.
Measures of reprisal against prisoners of war are prohibited.
Article 14
Prisoners of war are entitled in all circumstances to respect for their persons and their honour.
Article 25
Prisoners of war shall be quartered under conditions as favourable as those for the forces of the Detaining Power who are billeted in the same area. The said conditions shall make allowance for the habits and customs of the prisoners and shall in no case be prejudicial to their health.
The foregoing provisions shall apply in particular to the dormitories of prisoners of war as regards both total surface and minimum cubic space, and the general installations, bedding and blankets.
There is much more. I know that Canadian soldiers are requires to study the Geneva Conventions, and I am gravely concerned that those would be placed in control of a prison are miltarty reservists whose understanding of such an important document in international law is so flimsy. The responsibility for the Abu Gharaib prison abuses and the other crimes that we have not yet heard lies at the doors of the Pentagon... and I truly hope that something happens to reinforce the validity of International law before the Geneva Conventions, like the United Nations, and League of nations are rendered irrellevant.
US Army Reserve Specialist Charles Graner was sentenced to 10 years in military prison for his role in the prisoner abuse at the Abu Gharaib prison in Iraq. At his trial and sentencing he repeatedly citing that he was 'only following orders' - the Nuremburg Defence.
Soldiers are required follow any lawful order directed to them by the chain of command. In this case, several articles of the Third Geneva Convention makes any such orders unlawful:
Article 13
Prisoners of war must at all times be humanely treated. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited, and will be regarded as a serious breach of the present Convention. In particular, no prisoner of war may be subjected to physical mutilation or to medical or scientific experiments of any kind, which are not justified by the medical, dental, or hospital treatment of the prisoner concerned and carried out in his interest.
Likewise, prisoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity.
Measures of reprisal against prisoners of war are prohibited.
Article 14
Prisoners of war are entitled in all circumstances to respect for their persons and their honour.
Article 25
Prisoners of war shall be quartered under conditions as favourable as those for the forces of the Detaining Power who are billeted in the same area. The said conditions shall make allowance for the habits and customs of the prisoners and shall in no case be prejudicial to their health.
The foregoing provisions shall apply in particular to the dormitories of prisoners of war as regards both total surface and minimum cubic space, and the general installations, bedding and blankets.
There is much more. I know that Canadian soldiers are requires to study the Geneva Conventions, and I am gravely concerned that those would be placed in control of a prison are miltarty reservists whose understanding of such an important document in international law is so flimsy. The responsibility for the Abu Gharaib prison abuses and the other crimes that we have not yet heard lies at the doors of the Pentagon... and I truly hope that something happens to reinforce the validity of International law before the Geneva Conventions, like the United Nations, and League of nations are rendered irrellevant.
