War Crimes

Today's WaPo editorial

THANKS TO a lawsuit by the American Civil Liberties Union and other human rights groups, thousands of pages of government documents released this month have confirmed some of the painful truths about the abuse of foreign detainees by the U.S. military and the CIA -- truths the Bush administration implacably has refused to acknowledge. Since the publication of photographs of abuse at Iraq's Abu Ghraib prison in the spring the administration's whitewashers -- led by Defense Secretary Donald H. Rumsfeld -- have contended that the crimes were carried out by a few low-ranking reservists, that they were limited to the night shift during a few chaotic months at Abu Ghraib in 2003, that they were unrelated to the interrogation of prisoners and that no torture occurred at the Guantanamo Bay prison where hundreds of terrorism suspects are held. The new documents establish beyond any doubt that every part of this cover story is false.

[snip]

Some of the abuses can be attributed to lack of discipline in some military units -- though the broad extent of the problem suggests, at best, that senior commanders made little effort to prevent or control wrongdoing. But the documents also confirm that interrogators at Guantanamo believed they were following orders from Mr. Rumsfeld. One FBI agent reported on May 10 about a conversation he had with Guantanamo's commander, Maj. Gen. Geoffrey D. Miller, who defended the use of interrogation techniques the FBI regarded as illegal on the grounds that the military "has their marching orders from the Sec Def." Gen. Miller has testified under oath that dogs were never used to intimidate prisoners at Guantanamo, as authorized by Mr. Rumsfeld in December 2002; the FBI papers show otherwise.

The Bush administration refused to release these records to the human rights groups under the Freedom of Information Act until it was ordered to do so by a judge. Now it has responded to their publication with bland promises by spokesmen that any wrongdoing will be investigated. The record of the past few months suggests that the administration will neither hold any senior official accountable nor change the policies that have produced this shameful record. Congress, too, has abdicated its responsibility under its Republican leadership: It has been nearly four months since the last hearing on prisoner abuse. Perhaps intervention by the courts will eventually stem the violations of human rights that appear to be ongoing in Guantanamo, Iraq and Afghanistan. For now the appalling truth is that there has been no remedy for the documented torture and killing of foreign prisoners by this American government.