In the aftermath of the
September 11 attacks in 2001, the
U.S. Government adopted several new measures in the classification and treatment of prisoners captured in the war on terror, including applying the status of
unlawful combatant to some prisoners, conducting
extraordinary renditions and using torture ("
enhanced interrogation techniques").
Human Rights Watch and others described the measures as being illegal under the
Geneva Conventions. The torture of detainees was extensively detailed in the
Senate Intelligence Committee report on CIA torture. at
Abu Ghraib prison in Iraq. The photo has become internationally famous, eventually making it onto the cover of
The Economist.
Command responsibility A presidential memorandum of 7 February 2002, authorized U.S. interrogators of prisoners captured during the
War in Afghanistan to deny the prisoners basic protections required by the Geneva Conventions, and thus according to Jordan J. Paust, professor of law and formerly a member of the faculty of the
Judge Advocate General's School, "necessarily authorized and ordered violations of the Geneva Conventions, which are war crimes." Based on the president's memorandum, U.S. personnel carried out
cruel and inhumane treatment on captured enemy fighters, Gonzales' statement that denying coverage under the Geneva Conventions "substantially reduces the threat of domestic criminal prosecution under the
War Crimes Act" suggests, to some authors, an awareness by those involved in crafting policies in this area that U.S. officials are involved in acts that could be seen to be war crimes. Human Rights Watch claimed in 2005 that the principle of "
command responsibility" could make high-ranking officials within the
Bush administration guilty of the numerous war crimes committed during the
war on terror, either with their knowledge or by persons under their control. On 14 April 2006, Human Rights Watch said that Secretary
Donald Rumsfeld could be criminally liable for his alleged involvement in the abuse of
Mohammed al-Qahtani. On 14 November 2006, invoking
universal jurisdiction, legal proceedings were started in Germany—for their alleged involvement of prisoner abuse—against Donald Rumsfeld, Alberto Gonzales,
John Yoo,
George Tenet and others. The
Military Commissions Act of 2006 is seen by some as an
amnesty law for crimes committed in the war on terror by retroactively rewriting the War Crimes Act and by abolishing
habeas corpus, effectively making it impossible for detainees to challenge crimes committed against them.
Luis Moreno-Ocampo told
The Sunday Telegraph in 2007 that he was willing to start an inquiry by the
International Criminal Court (ICC), and possibly a trial, for war crimes committed in Iraq involving British Prime Minister
Tony Blair and American President
George W. Bush. Though under the
Rome Statute, the ICC has no jurisdiction over Bush, since the U.S. is not a State Party to the relevant treaty—unless Bush were accused of crimes inside a State Party, or the
UN Security Council (where the U.S. has a veto) requested an investigation. However, Blair does fall under ICC jurisdiction as Britain is a State Party. Shortly before the end of President Bush's second term in 2009, news media in countries other than the U.S. began publishing the views of those who believe that under the
United Nations Convention Against Torture, the U.S. is obligated to hold those responsible for prisoner abuse to account under
criminal law. One proponent of this view was the United Nations
Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment (Professor
Manfred Nowak) who, on 20 January 2009, remarked on German television that former president George W. Bush had lost his
head of state immunity and under international law the U.S. would now be mandated to start
criminal proceedings against all those involved in these violations of the UN Convention Against Torture. Law professor
Dietmar Herz explained Nowak's comments by opining that under U.S. and international law former President Bush is criminally responsible for adopting torture as an interrogation tool.
War in Afghanistan (2001–2021) In 2005,
The New York Times obtained a 2,000-page
United States Army investigatory report concerning the
homicides of two unarmed
civilian Afghan prisoners by
U.S. military personnel in December 2002 at the
Bagram Theater Internment Facility (also
Bagram Collection Point or
B.C.P.) in
Bagram,
Afghanistan, and general treatment of prisoners. The two prisoners,
Habibullah and
Dilawar, were repeatedly
chained to the ceiling and beaten, resulting in their deaths. Military
coroners ruled that both the prisoners' deaths were homicides.
Autopsies revealed severe trauma to both prisoners' legs, describing the trauma as comparable to being run over by a bus. Seven soldiers were charged in 2005. In January 2006, two soldiers were found guilty of
beating captives held in Forward Operating Base Ripley in a separate incident. The
Maywand District murders involved the killing of three
Afghan civilians by a group of soldiers during the period June 2009 to June 2010. The soldiers referred to their group as "Kill Team" and were members of the 2nd Battalion,
1st Infantry Regiment, of the 5th Brigade,
2nd Infantry Division. They were based at
FOB Ramrod in
Maiwand, from
Kandahar Province of
Afghanistan. During the summer of 2010, the military charged five members of the platoon with the murders of three Afghan civilians in
Kandahar Province and collecting their body parts as trophies. The
Kandahar massacre was a
mass murder that occurred in the early hours of 11 March 2012, when Staff Sergeant
Robert Bales killed 16 Afghan civilians and wounded six others in the
Panjwayi District of
Kandahar Province,
Afghanistan. Nine of the victims were children, and 11 of the dead were from the same family. Bales was taken into custody later that morning when he confessed to authorities that he had committed the murders. First Lieutenant
Clint Lorance was an
infantry platoon leader in the
4th Brigade Combat Team of the
82nd Airborne Division. In 2012, Lorance was charged with two counts of unpremeditated murder after he ordered his soldiers to open fire on three Afghan men who were on a motorcycle. He was found guilty by a
court-martial in 2013 and sentenced to 20 years in prison (later reduced to 19 years by the reviewing commanding general). He was confined in the
United States Disciplinary Barracks at
Fort Leavenworth,
Kansas, for six years. Lorance was eventually
pardoned by President
Donald Trump on 15 November 2019.
Iraq War and
Charles Graner with naked and hooded prisoners forced to form a human pyramid, during the
Abu Ghraib torture and prisoner abuse During the early stages of the
Iraq War, a group of soldiers committed a series of
human rights violations including
physical and sexual abuse against detainees in the
Abu Ghraib prison in Iraq. The abuses came to public attention with the publication of photographs of the abuse by
CBS News in April 2004. The incidents caused shock and outrage, receiving widespread condemnation within the United States and internationally. The Department of Defense charged eleven soldiers with
dereliction of duty, maltreatment,
aggravated assault and
battery. Between May 2004 and April 2006, these soldiers were
court-martialed, convicted, sentenced to
military prison, and
dishonorably discharged from service. Two soldiers, found to have perpetrated many of the worst offenses at the prison,
Charles Graner and
Lynndie England, were subject to more severe charges and received harsher sentences. Graner was convicted of assault,
battery, conspiracy, maltreatment of detainees, committing indecent acts and dereliction of duty; he was sentenced to 10 years imprisonment and loss of rank, pay and benefits. England was convicted of
conspiracy, maltreating detainees and committing an indecent act and sentenced to three years in prison. Brigadier General
Janis Karpinski, the commanding officer of all detention facilities in Iraq, was reprimanded and demoted to the rank of colonel. Several more military personnel who were accused of perpetrating or authorizing the measures, including many of higher rank, were not prosecuted. In 2004, President
George W. Bush and Defense Secretary
Donald Rumsfeld apologized for the Abu Ghraib abuses. On 12 March 2006, a 14-year-old Iraqi girl named Abeer Qassim Hamza al-Janabi was
raped and subsequently murdered along with her 34-year-old mother Fakhriyah Taha Muhasen, 45-year-old father Qassim Hamza Raheem, and 6-year-old sister Hadeel Qassim Hamza al-Janabi. The killings took place in the family home in
Yusufiyah, a village to the west of the town of
Al-Mahmudiyah, Iraq. Five soldiers from the
502nd Infantry Regiment were charged with rape and murder: Paul E. Cortez, James P. Barker, Jesse V. Spielman, Bryan L. Howard, and
Steven Dale Green. but committed suicide in prison in 2014.
John E. Hatley was a
first sergeant who was prosecuted by the Army in 2008 for murdering four Iraqi detainees near
Baghdad, Iraq in 2006. He was convicted in 2009 and sentenced to life in prison at the
Fort Leavenworth Disciplinary Barracks. He was released on parole in October 2020. The
Hamdania incident involved the kidnapping and subsequent murder of an Iraqi man by
United States Marines on 26 April 2006, in Al Hamdania, a small village west of
Baghdad near
Abu Ghraib. An investigation by the
Naval Criminal Investigative Service resulted in
charges of
murder,
kidnapping, housebreaking, larceny, obstruction of justice and
conspiracy associated with the alleged
coverup of the incident. The
Haditha massacre occurred on 19 November 2005, in Haditha, Iraq. After Lance Cpl. Miguel Terrazas (20 years old) was killed by a roadside
improvised explosive device, Staff Sergeant
Frank Wuterich led Marines from the 3rd battalion into Haditha. 24 Iraqi women and children were fatally shot. Wuterich acknowledged in military court that he gave his men the order to "shoot first, ask questions later" after the roadside bomb explosion. Wuterich told military judge Lt. Col. David Jones "I never fired my weapon at any women or children that day." On 24 January 2012, Frank Wuterich was given a sentence of 90 days in prison along with a reduction in rank and pay. The day prior, Wuterich pled guilty to one count of negligent dereliction of duty. The
Nisour Square massacre occurred on 16 September 2007, when employees of
Blackwater Security Consulting (now Constellis), a
private military company contracted by the US government to provide security services in Iraq, shot at Iraqi civilians, killing 17 and injuring 20 in Nisour Square,
Baghdad, while escorting a
U.S. embassy convoy. The killings outraged Iraqis and strained
relations between Iraq and the United States. In 2014, four Blackwater employees were tried and convicted in U.S. federal court; one of murder, and the other three of manslaughter and firearms charges; all four convicted were controversially pardoned by President
Donald Trump in December 2020, in violation of international law.
Second Trump administration boat strikes == 2026 Iran war ==