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General Taguba: Accountability for Torture Does Not Stop at White House Door

by: Andrew Kalloch  |  Harvard Law Record

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Major General Antonio Taguba, pictured here, is calling for an independent commission to investigate war crimes committed by members of the Bush administration. (Photo: Mary Ellen Mark)

    Major General Antonio Taguba called for an independent commission to investigate war crimes committed by senior members of the Bush Administration in remarks in Ames Courtroom on Tuesday, April 14. The event was sponsored by Physicians for Human Rights and the Human Rights Program at Harvard Law School.

    Taguba, who was pressured to resign by the Bush Administration in 2007 following the 2004 leak of his report detailing abuses by U.S. armed forces in Abu Ghraib prison in Iraq, declared in the preface of the 2008 Physicians for Human Rights publication "Broken Laws, Broken Lives," that, "there is no longer any doubt as to whether the [Bush] administration has committed war crimes. The only question that remains to be answered is whether those who ordered the use of torture will be held to account."

    While the Obama Administration has "reaffirmed its commitment to valuing human rights and international law" by officially closing CIA black sites and the detention center at Guantanamo Bay, Taguba insisted that "there are a lot of stories that have yet to be told."

    In an effort to make those stories known, Taguba has been travelling the country seeking to foster dialogue between human rights advocates and the nation's armed forces. According to Taguba, the two groups "share a common denominator based on ethical considerations of democratic principles." Human rights advocates seek to ensure the preservation of democratic ideals and U.S. armed forces are trained to "provide services in a manner that exemplifies America's ideals" and to protect America's value system and its' way of life, not simply to secure its borders at all costs.

    Taguba explained that the Army's core values-honor, integrity, courage, and selfless service-are but one part of a broader set of moral foundations upon which the Army operates. For example, Taguba declared that the Army is required to adhere to international laws, including all four Geneva conventions, as well as the Uniform Code of Military Justice, and to demonstrate "responsibility, accountability, and discipline."

    Even when soldiers are not in combat, and are instead serving the American public and the many peoples of the world abroad via merchant shipping protection and humanitarian aid, they are obliged, Taguba stated, to abide by this strict moral code, since their very presence has a profound effect on the American image. Despite the horrors of combat, Taguba stated unequivocally that troops "are not immune or exempt from criminal acts, bad behavior, or tragedy in their operations."

    Just as troops are not immune from prosecution-indeed, they must be held accountable for their actions-so must senior civilian officials be held accountable for policies that systematized and legitimized torture and other abuses of power by U.S. troops in the War on Terror, Taguba stated. If the "torture memos" penned by John Yoo, Alberto Gonzales, and David Addington, among others, were catalysts for the soldiers to engage in criminal acts, as Taguba surmised, these officials need to be held accountable.

    "Abu Ghraib emerged from a structure developed by senior officials in the Bush White House and by those who thought it was necessary to blindly advance the Bush administration's goals," the General declared. "Abu Ghraib was not just happenstance. It was a morbid consequence of a policy that emanated from the Office of Legal Counsel and the Justice Department."

    According to Taguba, these failures not only constitute war crimes, but also have emboldened America's enemies abroad, leading to greater numbers of American deaths in Iraq.

    However, far from being held accountable, senior administration officials have quietly ridden off into the sunset. Indeed, after seventeen high level investigations, army soldiers were signaled out for punishment despite presence of evidence regarding upper level officials' awareness and support. "Over 200 soldiers and officers were punished , unfortunately no civilian officials or contractors have been punished for their involvement," Taguba stated.

    Taguba singled out John Yoo, who, as a member of the Office of Legal Counsel, co-authored legal memoranda that produced, in Taguba's words, "despicable torture and abuse." Yoo has not expressed remorse for the memos," Taguba insisted. Rather, Yoo has only stated that he would have spent more time had he known the memos would become public.

    Responding to those who oppose investigation and prosecution of senior officials in the Bush Administration whose "actions were supposedly made in good conscience in effort to secure national security," Taguba answered, "What about those soldiers punished, court-martialed, and reduced in rank?"

    Ultimately, Taguba concluded, investigation of the Bush Administration is needed if "accountability is not to be just a hollow term." "In my opinion accountability is a condition of employment. Government leaders who chose to accept high level positions of influence ought to hold firm and be accountable."

  

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Comments

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Bush wanted us all to listen

Bush wanted us all to listen to the Generals, the leaders "on the ground" in the GWOT. Here's a distinguished (retired) general of the Army saying BushCo should be held accountable, and he has more information about what took place than most do. But he has been shamed by BushCo because he said some things they didn't like. But his integrity remains, and he still believes BushCo should be held accountable. General Taguba's perspective is clearer than all the pundits and politicos whose vested interests and ideologies color and cloud their judgement, and integrity. But America doesn't listen to those who know best, and America doesn't take advice, period. Remembering what America was like when it was a nation cannot be as good as living it, however difficult that is, but the way I see it we're almost there.

Yes, we should listen to

Yes, we should listen to military "leaders on the ground," but Major General Taguba was not one of them. Major General Taguba did conduct an investigation into the non-sanctioned abuses at Abu Ghraib. This certainly gives him credibility to speak out, which he has every right to do as an American. However, he was not a leader "on the ground"at any level of the chain of command in the combat zone, responsible for successful accomplishment of combat missions and the lives of his troops. If truth matters, this is an important distinction.

I don't know what

I don't know what Constitution president Obama is reading that allows crimes to go unpunished. The Law does not allow "I prefer to look forward" as an excuse to not prosecute lawbreakers. Not only have these guys broken the law but they have violated International treaties. Th "I was only following orders" defense was ruled invalid at Nuremburg. President Obama should read up on those trials before he allows these war criminals to walk.

The seeming reluctance of

The seeming reluctance of the president to pursue some forms of criminal action in the torture cases he has disclosed may be motivated by a sense of the things he still does not know and where they may lead. It is an axiom among trial attorneys that one never asks a question to which the answer is utterly unknown. Neither we nor the president really know to what extent the Bush administration corrupted our system of justice, the honor of our senior military officers and all those whom they supervised, and high level civilian employees of the DOJ, DOD and DOS. As the president assembles his own teams in these crucial departments, he (and we) may have a better idea of just how far the rot has developed and what the consequences may have been or still may be. The answers to those questions may be even more devastating than the effects of the four documents the president has shown to us.

Thank you General Antonio

Thank you General Antonio Taguba. Holding members of the previous administration accountable for their acts is #1 on my list of priorities, above global warming, and correction of our criminal justice system.

Excellent!

Excellent!

The General is 100% correct.

The General is 100% correct. Even if we win the war in Iraq, but let Bush and his cronies get away with this illegal torture, we will have lost the war with humanity. American "leaders" must be held responsible for the shameful actions which defy the honor we once held near and dear, and stand, ashamed before the world.Gen Taguba now seems to be the sole supporter of military justice, and he should be heard. The Bush bullies are guilty of many, many unamerican acts, that we MUST act in order to cleasne this once great nations conscience. DO IT!

Thank you Mr Taguba!

Thank you Mr Taguba! Finally, someone in an influential and political position is calling for and explaining why the US and the world require justice for these crimes! It's a very solid ethical argument and I surely hope that his recommendation is taken up by congress or the justice department!!!

I find this statement

I find this statement important. Taguba is one of the good generals who's done his duty by stepping forward to confront the establishment. Taguba's focus on the authors of the torture policies reflects what I've said in my blog, jbpeebles.blogspot.com, that the torture needs to be confronted and wrong-doers prosecuted. I don't see how Obama can profit from this mess. Why won't he help hold those who tortured accountable? Now, on a second level, Congress should be exerting its power of the purse. But they're too enthralled by their corporate sponsors to dare cutting them off. The lack of justice emerges from a blatant Bush-era power grab. Contrary to following the limits imposed on Presidential authority, Obama is riding 9/11, but for what aim? Who does he feel compelled to spy upon? The real story lies buried in blogposts far outside the mainstream media, who's been a willing participant in the Iraq terror and 9/11 fictions alongside the outing of Plame.

Taguba is one of the good

Taguba is one of the good ones and has the respect of people around the world but American men and women like him have existed before and America has failed them before. From the Philippines so long ago to Vietnam and now Iraq American torture has a long unpunished history. I'm not confident Obama will be that different

I am very happy to read

I am very happy to read this. This general was wronged and is a good soldier.

Obama understands that

Obama understands that prosecution of Bush officials would be violently opposed by high-level Administration officials and most importantly by members of Congress, who knew and said nothing at the time. So, it would take a tsunami of public support to make this happen. But, beyond the fringe on the Left who clamor for it, most Americans at best don't care and at worst believe in security at any cost, esp. if the victims of torture are a bunch of Arabs. So, it ain't gonna happen.

We have a military obligated

We have a military obligated to carry out the orders of the Commander in Chief. We have a Legislative branch that allowed these travesties, we had a Justice Department responsible for upholding the laws of the land that sanctioned these actions. THESE TWO BRANCHES OF GOVERNMENT must clean up the immoral mess that they facilitated or created by investigating and prosecuting top officials. This is not the job or a new President The President's job is to set the vision, the tone, and the policy expectations of his administration and he must be the President of ALL Ameri.cans, not the left or the right. We are suffering from the vision, tone and policies of the PAST Commander in Chief. If Obama were to recommend prosecution, it would look like a partisan vendetta, set off a media firestorm, and increase the danger he is already in from extremists. He would make little progress on his massive rescue agenda. The man cannot and should not interfere in the jobs of the other branches of government (as Bush did). As Rachel Maddow pointed out, Obama has not closed any doors on the possible investigation and prosecution of the BIG FISH in this mud puddle. Lawyers routinely grant immunity to those who testify against the kingpins. By protecting those who have evidence to offer, Obama is signaling that Congress and the Justice Dept. need to focus higher up, not on the little guys who followed orders. There are other private, national and international venues that can more appropriately handle these investigations and prosecutions. Obama has too much else to attend to to get trapped in this quagmire. We need him to govern and get us out of these messes, not dig into and exacerbate them. Let's hear it for Spain! Congress redeem your stupidity. Judiciary, do your job! International courts step right up!

Our President wants us to

Our President wants us to MAKE him pursue the torture investigations. The world will, perhaps, accept our insistence over that of the administration, should it ever come to that. And it's us, the PEOPLE, who must MAKE it come to that. THIS COUNTRY'S PEOPLE are the government's employers! Ultimately, we set the rules, and we abide by them, or we degrade into the ground.

Thank you,General Taguba,

Thank you,General Taguba, for reminding me that I need to redeem myself of my complicity in the Bush war crimes. The best way to do this is to lend my support to the efforts to hold him accountable. Who is leading the charge? Here's a willing volunteer.

Accountability was one of

Accountability was one of the tenets Obama stood up on....if he doesn't practice what he preaches he will fall off the pedestal pretty fast... won't hold my breath. Obama, shame on you. seriously.

The General is just the man

The General is just the man that would be needed to get to the truth. But lets face facts, Obama doesn't want the full truth coming out, lest it be found out that the Congress was just as complicit in what Bush/Cheney and the rest of the chickenhawks did by rolling over and basically rubberstamping everything the administration wanted. And who knows what other info he may have uncovered that would shed light on what the Executive branch was up to/is up to. Who would have thought there would have been someone in Washington DC that had morals, a conscience, honor, a backbone. Definitly on the endangered list.

Unless and until the

Unless and until the criminals are brought to justice, no president, be he Bush or Obama, could or can call this a nation of laws. What has gone on since the Bush/Cheney response to 9/11 was criminal and must be punished. Otherwise, we will continue to be a rogue nation intent only on itself.

Abby, from "we have a

Abby, from "we have a military obligated" man talk about being on point, I agree with this offering, and how it was said---except, the Justice Department is not a branch of government. The Justice Dept is a part of the Executive branch and comes under the President. Maybe this is what you meant to say.

Before President Obama lets

Before President Obama lets the current war criminals go scott free for the war crimes they have committed, we URGE the President to carefully and thoroughly read the ruling of the Final Judgement at the Nuremberg War Crimes Tribunal, and the seven Nuremberg Principles. Principles VI and VII are especially worth noting, and the President should pay special attention to the statements made by U.S. Supreme Court Justice Robert Jackson, the chief prosecutor at the Nuremberg Tribunal.

Obama's already announced

Obama's already announced that he accepts the Nuremberg defense: the CIA operatives were "only following orders." He has expressed no interest in prosecuting Yoo or any of the other law breakers of the Bush Administration, Bush, Cheney, Powell, Rice, Addington, Yoo, Perle, Feith, etc. Pelosi "took impeachment off the table" in 2006 after many grassroots Dems & others supported and worked very hard to elect more Democrats. What does that tell you? It tells me that: (1) those in power in the US, our elected representatives, see no reason to enforce the law against other powerful people when they break the law-any law, no matter how important. (2) if it's ok for Bush's folks, then it's ok for Obama's--Obama hasn't said that he does not possess the power to do what Bush did. Only that it was wrong. That means he believes that he does, that the Geneva Conventions, approved as they were by Congress, mean nothing. Can't see Obama's DOJ doing squat.

Unlike many current and

Unlike many current and past military flag rank (generals and admirals) who have shamed themselves, the uniform and the country; here is one of those few -including Wesely Clark, who still have honor. Regarding; "a military obligated to carry out the orders of the Commander " it is critical to recognize that applies only to LEGAL orders!