Post on 30-May-2018
8/14/2019 Slide Show - What Should be Done with Captured Jihadists?
1/32
WHAT SHOULD BE DONE WITH CAPTURED JIHADISTS?
THOMAS JALBERT
BENJAMIN HOLDSWORTH
PETE DIMONOSKI
WISSEM ABID
JASON COWLING
Al Qaeda 3700: 445
8/14/2019 Slide Show - What Should be Done with Captured Jihadists?
2/32
Project Approach & Overview
Codified Interrogation and Torture Law
Currently used Interrogation Standards
Judicial application of InterrogationPractices
US and Middle East Public Perception ofInterrogation Standards.
Conclusions and PolicyRecommendations
8/14/2019 Slide Show - What Should be Done with Captured Jihadists?
3/32
Thomas Jalbert Interrogation Conventions & Laws
8/14/2019 Slide Show - What Should be Done with Captured Jihadists?
4/32
Third Geneva Convention - 1950
Rules regarding the treatment of POWs, put inplace in 1950
Prohibits violence against the detainee, includingtorture or degrading treatment
Article 17 says, No physical or mental torture,nor any other form of coercion, may be inflictedon prisoners of war to secure from theminformation of any kind whatever. Prisoners of
war who refuse to answer may not bethreatened, insulted, or exposed to anyunpleasant or disadvantageous treatment of anykind.
Signed and ratified by the United States
8/14/2019 Slide Show - What Should be Done with Captured Jihadists?
5/32
United Nations Convention Against Torture (CAT)
Prohibits torture and any cruel or degradingtreatment
Reinforced the ban on Refoulement, as set
forth in Third Geneva Convention Article 2 says, No exceptionalcircumstances whatsoever, whether a stateof war or a threat of war, internal political instability or any other public emergency,may be invoked as a justification oftorture.
Signed by the United States in 1988, notratified until 1994
8/14/2019 Slide Show - What Should be Done with Captured Jihadists?
6/32
US Interpretation of CAT
July 2007 Executive Order determinedthat members of Al Qaeda, the Taliban,and associated forces were unlawful
combatants, and therefore not coveredby the Geneva CAT
reinforced 2002 Bush Opinion
Affirms US Code, which prohibits the useof torture during interrogations by theCIA
8/14/2019 Slide Show - What Should be Done with Captured Jihadists?
7/32
US Codified Definition of Torture (18 U.S.C. 2340)
US enacted 18 U.S.C. 2340 and2340A, which prohibit torture occurringoutside the United States, to be in
compliance with the UN CAT. Torture means an act committed by aperson acting under the color of lawspecifically intended to inflict severe
physical or mental pain or suffering(other than pain or suffering incidentalto lawful sanctions) upon another personwithin his custody or physical control.
8/14/2019 Slide Show - What Should be Done with Captured Jihadists?
8/32
Interpretation of 18 U.S.C. 2340-2340A byDept. of Justice
Redefines meaning of "severe" painunder the statute as not being limited to"excruciating or agonizing" pain or pain
"equivalent in intensity to the painaccompanying serious physical injury,such as organ failure, impairment ofbodily functions, or even death."
Refines the definition that certainconduct specifically intended to cause"severe physical suffering" is distinctfrom "severe physical pain."
8/14/2019 Slide Show - What Should be Done with Captured Jihadists?
9/32
Optional Protocol to the Convention againstTorture (OPCAT)
Not signed or ratified by the UnitedStates
Establishes an international inspection
system for places of detention modeledon the system which has existed inEurope since 1987
Seeks to prevent torture and other formsof ill-treatment through theestablishment of a system of regularvisits to places of detention carried out
by independent international and
8/14/2019 Slide Show - What Should be Done with Captured Jihadists?
10/32
Currently Used Interrogation Standards Ben Holdsworth
8/14/2019 Slide Show - What Should be Done with Captured Jihadists?
11/32
Overview -Current US InterrogationStandards
KUBARK FM 34-52 FM 2-22.3
8/14/2019 Slide Show - What Should be Done with Captured Jihadists?
12/32
KUBARK (1963)
CIA Interrogation Manual Declassified in 1997
Addresses Interrogation Process
Includes section regarding CoerciveCounterintelligence Interrogation ofResistant Sources (CIA, 1963)
8/14/2019 Slide Show - What Should be Done with Captured Jihadists?
13/32
KUBARK: Coercive CounterintelligenceInterrogation of Resistant Sources
Disclaimer
Techniques included Sensory Deprivation
Threats/Fear
Pain
Narcotics
8/14/2019 Slide Show - What Should be Done with Captured Jihadists?
14/32
FM 34-52: Intelligence Interrogation
Written prior to GWOT (1992) Used for first few years of GWOT Details
interrogation processScreeningApproachesquestioning
processing of captured documents
8/14/2019 Slide Show - What Should be Done with Captured Jihadists?
15/32
FM 34-52 Approaches
Direct
Incentive
Emotional
Increased Fear
Pride and Ego
Others
8/14/2019 Slide Show - What Should be Done with Captured Jihadists?
16/32
FM 34-52 cont.
QuestioningDirect Follow upNon-pertinentRepeatedControl
Prepared
8/14/2019 Slide Show - What Should be Done with Captured Jihadists?
17/32
8/14/2019 Slide Show - What Should be Done with Captured Jihadists?
18/32
Judicial application of InterrogationPractices Pete Dimonoski
8/14/2019 Slide Show - What Should be Done with Captured Jihadists?
19/32
Confessions are used to produce show trials
Designed to get criminal convictions
Prosecutions take full advantage ofstatements
8/14/2019 Slide Show - What Should be Done with Captured Jihadists?
20/32
Evidence against detainees is weak
Accusations as evidence
Less than objective sources
Additional evidence
Hearsay and coerced evidence
8/14/2019 Slide Show - What Should be Done with Captured Jihadists?
21/32
Evidence may not be admitted
Highly coercive evidence barred
Statements made without witness
8/14/2019 Slide Show - What Should be Done with Captured Jihadists?
22/32
Classified evidence necessitates closedhearings
Prohibits civil rights groups anddetainees
Difficult to challenge sources
8/14/2019 Slide Show - What Should be Done with Captured Jihadists?
23/32
High-ranking government officialsinfluenced tribunals
Brig. Gen. Thomas Hartmann
Special Agent Robert McFadden
8/14/2019 Slide Show - What Should be Done with Captured Jihadists?
24/32
Poorly administered justice underminesUnited States credibility
Supreme Court
European statement
8/14/2019 Slide Show - What Should be Done with Captured Jihadists?
25/32
Public Perception of Torture WissemAbid
8/14/2019 Slide Show - What Should be Done with Captured Jihadists?
26/32
US public opinion on interrogationtechniques
A large majority of Americans whether they aredemocrats or republicans oppose the treatment ofdetainees at Guantanamo bay.
Two of three Americans say the United States shouldchange the way it treats detainees at Guantanamo
Bay as prescribed by the UN Commission on HumanRights. Most Americans believe that the rules for treating
detainees should be the same for citizens and noncitizens.
A slight majority of Americans believe that USinterrogation techniques at Guantanamo bay arelegal.
A large majority of Americans think that the treatmentof the suspects should be binding by the UN treatiesand international law.
8/14/2019 Slide Show - What Should be Done with Captured Jihadists?
27/32
Public opinion on interrogation techniques inArab and Muslim countries
54% of Egyptians believe that clear rulesof torture should bemaintained.
46 % believe that some degree of tortureshould be allowed in the case ofterrorism.
The large majority in the Middle Eastbelieves that the US has violatedinternational law in treating theGuantanamo detainees.
Abu Ghraib scandal led to anger and anti-
8/14/2019 Slide Show - What Should be Done with Captured Jihadists?
28/32
Case Study
Al-Jazeera cameraman Sami Al Haj Captured in Pakistan while he was covering the war
on terrorism in 2001. He was held for nearly six and a half years without
charge or trial. He was released on May 8, 2008
"In Guantanamo ... rats are treated with morehumanity. But we have people from more than 50countries that are completely deprived of all
rights and privileges. "Our human condition, our human dignity was
violated, and the American administration wentbeyond all human values, all moral values, allreligious values. ~Sami Al Haj
8/14/2019 Slide Show - What Should be Done with Captured Jihadists?
29/32
Effects of Torture
Torture has not been effective in reducingthe threat of Al-Qaeda
Anti-Americanism has increased world wideespecially in the Middle East.
Torture against suspects without chargemay destabilize the situation in the Muslimcountries.
It may affect US Arab relations and hurt USinterests in the Middle East. It helps al-Qaeda leaders to recruit more
young Muslims.
8/14/2019 Slide Show - What Should be Done with Captured Jihadists?
30/32
Conclusion & Policy Recommendations Jason Cowling
8/14/2019 Slide Show - What Should be Done with Captured Jihadists?
31/32
Policy Recommendations
Ratification of OPCAT Solely use Interrogation Techniques in FM
34-52
Close Guantanamo Bay Abolish Military Commissions Repeal ambiguous Executive Orders andJudicial Interpretations supporting torture
and other misfeasance. Treating Terrorists as Criminals not Enemy
Combatants Account for Past Abuses - Transparency
8/14/2019 Slide Show - What Should be Done with Captured Jihadists?
32/32
Policy Blog:
http://jihadistinterrogation.blogspot.com/