By Michael Haas | Information Clearing House, May 1, 2009
Torture has received the most attention among the many war crimes of the Bush administration. But those who support Bush’s pursuit of the “war on terror” have not been impressed by recriminations over torture. Worse than torture are the murders of at least 50 prisoners in Abu Ghraib, Afghanistan, and Guantánamo, but again the hard-hearted are unimpressed when those whom they perceive as terrorists receive illegal extrajudicial capital punishment.
The case for abusing children, however, is more difficult to support. The best kept secret of the Bush’s war crimes is that thousands of children have been imprisoned, tortured, and otherwise denied rights under the Geneva Conventions and related international agreements. Yet both Congress and the media have strangely failed to identify the very existence of child prisoners as a war crime. In the Islamic world, however, there is no such silence. Indeed, the prophet Mohammed was the first to counsel warriors not to harm innocent children.
The first example of war crimes against children, which are well documented, occurred during the invasion of Afghanistan in 2001, when the children’s hospital in Kabul was bombed, its patients thereby murdered, contrary to the Red Cross Convention of 1864. Other children were killed as “collateral damage” during the wars in Afghanistan and Iraq, contrary to the Geneva Convention ban on indiscriminate killing in wartime, though numbers of dead are unknown. During spring 2004, during the assault on Falluja, Iraq, some 300 children, including peaceful demonstrators, were killed. Their dead bodies were filmed live on al-Jazeera Television throughout the Arabic-speaking world.
In 2008, the Bush administration reported to the UN-assisted Committee on the Rights of the Child that the United States from 2002 had detained 2,400 children in Iraq and 100 in Afghanistan, though another source claims that the figure for Afghanistan is at least 800 boys, aged 10 to 15, from whom as many as 64 were sent to Guantánamo, of which there were 21 as of May 2008. That month, the Committee upbraided the United States for charging minors with war crimes instead of treating underage persons as victims of war. Khalid Sheikh Mohammed’s two children, aged 7 and 9, were separately detained to intimidate him to confess.
While detained, several children have been brutalized and tortured. At Abu Ghraib, American guards videotaped Iraqi male prisoners raping young boys but took no action to stop the offenses. Perhaps the worst incident at Abu Ghraib involved a girl aged 12 or 13 who screamed for help to her brother in an upper cell while stripped naked and beaten. Iraqi journalist Suhaib Badr-Addin al-Baz, who heard the girl’s screams, also witnessed an ill 15-year-old who was forced to run up and down Abu Ghraib with two heavy cans of water and beaten whenever he stopped. When he finally collapsed, guards stripped and poured cold water on him. Finally, a hooded man was brought in. When unhooded, the boy realized that the man was his father, who doubtless was being intimidated into confessing something upon sight of his brutalized son.
While General Hamid Zabar was being questioned in Iraq, his interrogators decided to arrest his frail 16-year-old son in order to produce a confession. After soldiers found the boy, he was stripped, drenched with mud and water, and exposed to the cold January night while bound and driven about in the open back of a truck. When presented naked to his father, he was shivering due to hypothermia, clearly needing medical attention.
At least 25 war crimes refer specifically to child prisoners. Among the crimes are the arbitrary transfer out of their home countries, leaving their parents to wonder whether they were dead. When their locations were later revealed, parents were not allowed to contact them, even through the mail. And family members knew nothing of Hassin Bin Attash’s extraordinary rendition experience in Jordan or Ahmad Bashir’s disappearance for two years in a secret prison.
Children have been incarcerated in the same quarters as adults, contrary to the Geneva Convention. Subjected to solitary confinement, they are denied educational and recreational opportunities. Indeed, one attorney was not allowed to give his client (Omar Khadr) a copy of “Lord of the Rings” or play dominoes with him; another has been forbidden to supply his client (Mohammed Jawad) articles from the Internet. After Captain James Yee left Guantánamo on September 10, 2003, no Muslim chaplain has ever replaced him, so they have not been provided appropriate religious education.
Meanwhile, the authorities have refused to investigate or prosecute those who have abused children, and there have been no programs established to prevent prison mistreatment or to assist in their resulting post-traumatic stress. They have been denied legal counsel and a statement of reasons for their confinement upon arrival in prison, held far beyond the “speedy trial” requirement under the Geneva Conventions, coerced into confessions that may be false, and denied available exculpatory evidence, including witnesses.
In 2003, Secretary of Labor Elaine Chao gave a speech on behalf of the need to rehabilitate child soldiers from Burundi, Colombia, El Salvador, Sierra Leone, Sri Lanka, and Uganda. While she spoke, several children were being abused at Guantánamo. The most famous, Mohammed Jawad and Omar Khadr, are still being held for trial at Guantánamo.
Omar Khadr’s videotaped plea for his mommy and claims of torture has been seen on television worldwide. While still wounded from battle in Afghanistan, Omar was interrogated many times, sometimes while hooded with dogs barking near him, so he confessed to stop the pain from his wounds. During interrogation at Guantánamo, Omar was shackled to the floor in stress positions until he soiled himself. His bound body was twice used as a mop to wipe his own urine mixed with pine oil after which he was refused a shower and a change of clothing. He has also been administered a brutal beating while on a hunger strike, threatened with rape, and denied pain medication.
There is some puzzlement over the reason for imprisoning Mohammad Jawad. Is it because, while at an American-run prison in Afghanistan in 2002, he has claimed that he saw Americans murdering inmates? At Guantánamo, to deprive him of sleep in order to force some sort of confession, he was shifted from one cell to another more than 100 times during two weeks in May 2004, and he remains in solitary confinement today. When he showed up in court in 2008, he was the first to wear leg shackles. During his arraignment, the judge asked him whether he accepted the assigned military defense attorney as his lawyer. After replying in the negative, the judge asked whether he knew another lawyer. His reply to the Kafkaesque inquiry was “Since I don’t know any lawyer, how can I have them represent me? . . . I should be given freedom so that I can find a lawyer.” His request to hunt for a lawyer was then denied.
The mistreatment of children is something not so funny that has been neglected on the road to investigations of and calls for prosecution of those responsible for torture. George W. Bush has never been asked about the abuse of children in American-run prisons in the “war on terror.” It is high time for Bush and others to be held accountable for what is arguably the most egregious of all their war crimes—the abuse and death of children, who should never have been arrested in the first place.
Michael Haas’s book George W. Bush, War Criminal? – The Bush Administration’s Liability for 269 War Crimes is available here
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Peace and Justice Post 
Obama Returns to Bush Era on Guantánamo
May 6, 2009Andy Worthington | The Future of Freedom Foundation, May 6, 2009
Two distressing pieces of news emerged last week regarding the Obama administration’s plans to close Guantánamo, and both were delivered by Defense Secretary Robert Gates in testimony to the Senate Appropriations Committee.
Discussing what would happen to the remaining 241 prisoners, Gates announced that the question was “still open” as to what the government should do with “the 50 to 100 — probably in that ballpark — who we cannot release and cannot try.” He also announced that the much-criticized military commission trial system, suspended for four months by Barack Obama on his first day in office, was “still very much on the table.”
Both admissions indicate that when it comes to Guantánamo, it is beginning to appear that the much-vaunted change promised by Barack Obama on the campaign trail has actually involved nothing more than imposing a closing date on Guantánamo while maintaining the Bush administration’s approach to the men still held there.
Back in Bush’s day, for example, those “who we cannot release and cannot try” were sometimes referred to as those who were “too dangerous to release but not guilty enough to prosecute” — essentially because the supposed evidence against them was the fruit of torture or other abuse.
As someone who has studied the story of Guantánamo and its prisoners in detail over the last three years, I’m aware that much of the information compiled by the Bush administration for use against the prisoners at Guantánamo was obtained through torture or coercion and is, therefore, unreliable, and that other, equally unreliable information was secured through the bribery of other prisoners.
As a National Journal investigation revealed in 2006, one prisoner, described by the FBI as a notorious liar, made false allegations against 60 prisoners in Guantánamo in exchange for more favorable treatment, and in February this year the Washington Post published the sobering tale of another informant, whose copious confessions should have set alarm bells ringing. In both cases, however, there is no indication that the officials responsible for compiling the information examined by the president’s review team have acknowledged that a substantial number of allegations against the prisoners are actually worthless.
Moreover, the defense secretary’s talk of 50 to 100 suspicious prisoners (above and beyond those regarded as demonstrably dangerous) is at odds with repeated intelligence assessments reported over the years, which have indicated that the total number of prisoners with any meaningful connection to international terrorism is between 35 and 50. To this should be added the recent revelation by Lawrence Wilkerson, Colin Powell’s chief of staff, that “no more than a dozen or two of the detainees” held in Guantánamo ever had any worthwhile intelligence.
In addition, the defense secretary’s talk of reviving the military commissions is a distressing development for the many critics of the novel trial system invented by Dick Cheney and David Addington, who hoped that the administration would resist all calls to reinstate them, and would, instead, move the relatively few prisoners regarded as genuinely dangerous to the mainland to face trials in federal court.
However, on Saturday, after speaking to Obama administration officials, the New York Times reported that, despite declaring that, as president, he would “reject the Military Commissions Act,” and stating that “by any measure our system of trying detainees has been an enormous failure,” President Obama was indeed considering reviving the commissions.
As the Times described it,
As a result, they said, decision-makers were considering whether to tinker with the rules regarding the use of coercive interrogations and hearsay, in what the Times described as “walk[ing] a tightrope of granting the suspects more rights yet stopping short of affording them the rights available to defendants in American courts.”
The “tightrope” analogy, though apt, is also something of an understatement. Almost universally derided in their seven-year history, the commissions demonstrated, above all, that inventing a legal system from scratch was a poor substitute for respecting the laws which have served the Republic well for over 200 years.
Nor can it be claimed that the federal court system is incapable of dealing with terrorism cases. As was explained in a 2008 report by Human Rights First, “In Pursuit of Justice: Prosecuting Terrorism Cases in the Federal Courts” (PDF), over 100 terrorism cases have been prosecuted successfully in the federal courts in the last 15 years.
Moreover, last Thursday, as Robert Gates was telling the Senate that the military commissions were still “on the table,” the Justice Department was taking a very different line in the case of Ali al-Marri, a legal U.S. resident who was held in extreme isolation for nearly six years without charge or trial as an “enemy combatant” in a U.S. naval brig, until he was returned to the federal justice system by the Obama administration.
As al-Marri accepted a plea agreement and admitted that he had been sent to the United States as an al-Qaeda “sleeper agent,” Attorney General Eric Holder announced that the result “reflects what we can achieve when we have faith in our criminal justice system and are unwavering in our commitment to the values upon which this nation was founded and the rule of law.”
To remove the stain that Guantánamo has left on the reputation of the United States as a nation founded on the rule of law, Mr. Holder’s words should be repeated to him every time that the administration attempts to turn back the clock to the days of George W. Bush, with its dangerous talk of finding new ways to justify holding prisoners without charge or trial and its willingness to revive a trial system despised as nothing more than a “kangaroo court.”
Andy Worthington is the author of The Guantánamo Files: The Stories of the 774 Detainees in America’s Illegal Prison (published by Pluto Press) and serves as policy advisor to the Future of Freedom Foundation. Visit his website at: www.andyworthington.co.uk.
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Tags:Andy Worthington, Bush administration, Guantanamo, Lawrence Wilkerson, military commissions, Obama administration, Robert Gates
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