OutcastNecro the Silent wrote:
Look at the pictures. That **** was obviously staged, and when the pics somehow went public, well, someone has to take the fall right? It sure isn't going to be the people giving the orders.
The fact that the pictures were obviously staged is part of what makes this a difficult issue to just blindly point the finger of blame around.
First off. You have to determine exactly what actions were taken. If all these soldiers did was take staged photos of naked prisoners designed to imply that they were being tortured, then you've got a problem. That sort of tactic is completely legal depending on what sort of prisoners you are dealing with.
For this, we get back to the concept of illegal-combatants (which is defined in the Geneva Conventions). If the prisoners that were in the photos were just criminals rounded up by the local Iraqi security forces, then they cannot be used in that way. If the prisoners are legitimate PoWs (uniformed combatants taken prisoner during the war), then they cannnot be used in that way. However, if they are people who were captured in an "occupied" area, who did not identify themselves as combatants at the time the area was occupied, and who stayed in the area possing as civilians, and who then used that cover to make attacks on the occupying force, then they most definately fall under the "illegal combatant" catagory and are not protected to the same degree by the Geneva Conventions.
If those prisoners fall into that category, then they can be stripped and photoed. They can be subject to some forms of torture (psychological specifically). They can be deprived of contact with the outside, and a number of other "rights" that normal prisoners have.
It is very common practice when you've captured illegal combatants to use various psychological means to get information out of them. This includes using photos and sounds to convince them that their compatriots have already been tortured horribly, or killed, or have already confessed, or whatever, in order to get them to talk. This is the kind of stuff that the CIA does with caputured illegal spies all the time (more during the cold war then today though).
So the issue here is whether these relatively low ranked enlisted soldiers had any idea whether this was an illegal order or not. If they were told that these were illegal combatants, and they were ordered to conduct what is really a pretty stadard psy-op on them, then they were under absolutely no obligation to refuse the order. In fact, they could have been courtmarshalled for refusing!
I've heard all sorts of different stories on this. I've heard that the population of the prison only contained PoWs from the war (which would make them uniformed prisoners and entitle them to the highest level of Geneva Convention protection). I've heard that it contained mostly civilian criminals of the "normal" kind (mostly picked up by Iraqi security forces for various crimes like looting and such, which still entitles them to a normal level of rights). I've also heard that the prisoners were "terrorists", which while not an official category according to the Geneva Conventions, can be taken to mean illegal combatant depending on how they came to take whatever action got them imprisoned.
Without knowing who the men in those photos were, and what they were in prison for, and the extent of what was actually done to them, it's pretty much impossible for us sitting at home to make any intelligent assessment of the legality of the actions or the appropriate punishements that should result from them.