Monday, November 23, 2009

An Afghan ghost of Abu Ghraib?

Rosie DiManno of the Toronto Star repeats her theory about the origins of the Afghan detainee mess:
Disdain for U.S. led to Afghan torture fiasco

Perhaps convenient amnesia has set in. But few of those clawing at their faces today in angst and shame over who-knew-what-when-generated hysteria with regard to mistreatment of Afghan detainees have paused to recall how this mess originated.

It's because Canada picked Afghans over Americans as front-line allies.

This was not done out of respect for Afghan sovereignty – their right to assume custody of prisoners captured on their own soil. Damn well known from the start was the lay of the land in a war-ravaged country and medieval society: jails of unimaginable wretchedness, guards desensitized to violence and cruelty who'd never heard of the Geneva Conventions and would double over in laughter if informed of its contents, no justice system to speak of, and the overwhelming power exerted by the feared National Directorate of Security whose torturer-in-chief, while denying any physical abuse of detainees, once told the Star that "interrogation is not negotiation, it's not chatting over coffee."

It was a disastrous decision and, despite probing repeatedly at it over several years, I've never been able to ascertain, indisputably, who was to blame as primary architect of the policy, nor why it was thus constructed...

The original agreement was crafted against the miserable backdrop of Abu Ghraib, a scandal of shocking proportions that had exploded in the U.S. media a year previous. Given the toxic view of American forces – no matter that the horrific mistreatment of Iraqi detainees was, at least in terms of supporting evidence, limited to specific rogue units in one notorious facility – it was clearly decided, by who knows whom, Canada could not put detainees in such soiled hands, despite the U.S. being this country's closest nation-friend.

Someone bought into the dubious premise that the entire American military was not to be trusted and that Afghan wardens, Afghan guards, Afghan officials, were preferable partners in the disposition of detainees, although the only remotely up-to-Western-par prison facility was at the American base in Bagram.

Canada did not have the resources to build its own detention facility in Kandahar. And, even if such a building could have been constructed, there was no way to staff it with our own rights-conscious people. If such a prison had ever been erected, it would still have been placed in Afghan hands for management because that has been, throughout, the Canadian/ISAF mantra – Afghan-led everything...

This is the one note that rings untrue in the whistle-blowing memos distributed by diplomat Richard Colvin — a contention that the insurgency would gain impetus because Afghans were outraged by the torture of the detainees. While it certainly has been used as a recruiting tool by the Taliban and Al Qaeda, few Afghans beyond the families of those incarcerated – often without legitimate cause, since so many were subsequently released – have much pity for Taliban rank-and-file. They are too busy simply trying to survive poverty and chronic violence.

So let's be clear: This isn't about Afghans, it's about us – what we deem the standards of conduct should be, even in a lawless, chaotic hellhole like Afghanistan.

Colvin has done nothing to deserve the character assassination unleashed last week by Prime Minister Stephen Harper's pitbulls. He appears to have tried to fulfill diplomatic responsibility with integrity. But he is colossally naive if truly believing the mission's merits were contaminated by the detainee sidebar...
Ms DiManno in February 2008:
Telling it like it is

3 Comments:

Blogger Dwayne said...

So, can someone tell me the answer then? If our troops capture a suspected terrorist today, what do we do with them? I don't think we have a facility overseas to house them, I am sure we don't have one in Canada. Do we play "catch and release" or do we turn them over to the Afghan regime knowing that they MAY be mistreated (by our standard). Well know fact that part of the terrorist playbook is to scream torture. I mean, look at the "detainees" here in Canada and their claims of torture.

So, anyone have a workable solution that does not involve just releasing a suspected terrorist?

5:59 p.m., November 23, 2009  
Blogger Mark, Ottawa said...

Dwayne: I'm no lawyer, but as far as I can see almost all captured Talibs are not in fact covered by
"Convention (III) relative to the Treatment of Prisoners of War. Geneva, 12 August 1949."

"Art 4. A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy:
(1) Members of the armed forces of a Party to the conflict, as well as members of militias or volunteer corps forming part of such armed forces.

(2) Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions:[
(a) that of being commanded by a person responsible for his subordinates;
(b) that of having a fixed distinctive sign recognizable at a distance;
(c) that of carrying arms openly;
(d) that of conducting their operations in accordance with the laws and customs of war."

The last three in particular are relevant to Afstan. So, as a friend of mine has argued, captured Talibs in most circumstances are francs-tireurs and liable to summary execution. See "Prisoner status" here .

It would also seem that if the franc-tireur captured is wounded the person must be decently treated until...

"Article 4 of the Third Convention Database 'IHL - Treaties & Comments', View '1.Traités \1.2. Par Article' is constitutive in character; and the enumeration which it gives is comprehensive. If an individual not belonging to one of the categories specified is captured after committing hostile acts, he may find himself denied the right to be treated as a prisoner of war, not to mention the punishments which may be inflicted on him.
On the other hand, this enumeration has not by any means the same significance in Article 13 of the First Convention. In virtue of a humanitarian principle, universally recognized in international law, of which the Geneva Conventions are merely the practical expression, any wounded or sick person whatever, even a ' franc-tireur ' or a criminal, is entitled to respect and humane treatment and the care which his condition requires..."

Mark
Ottawa

7:32 p.m., November 23, 2009  
Blogger milnews.ca said...

I'll call your "Abu Ghraib" reference, and see you an anti-Western "Canada's Guantanamo" reference....
http://is.gd/52QAP

with other like-minded sites happy to share:
http://is.gd/52QBp
http://is.gd/52QBO
http://is.gd/52QCq

The weak-analogy invective has begun....

3:36 p.m., November 24, 2009  

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