The
Abuse of Prisoners in Iraq
by
Michael Walzer
Most
Americans, opponents and supporters of the war alike, have been
surprised by the stories of prisoner abuse that are now flooding
the media. But I don't think that we ought to have been surprised.
War breeds sadism, and prisoner of war camps are one of the prime
breeding grounds. It's not only the heat of battle, the fear and
anger produced by combat, that is morally dangerous, but also
the unchallenged power that comes with victory. Only a steady
effort to maintain discipline and to train soldiers in the rules
of war and the rights of prisoners will prevent abuse and atrocity.
But that requires the commitment of political and military leaders,
and our current leaders are visibly uncommitted. In fact, I think
that most regular army officers believe in the rules; they are
professionals, and their code of honor, as well as the legal and
ethical code of jus in bello, excludes the mistreatment of prisoners.
And they understand the reciprocity of the codes; they know that
one day they may be prisoners themselves.
But the present government in Washington seems to operate without
moral awareness and without any sense of the meaning of reciprocity.
Rumsfield's Pentagon put Iraqi prisoners into the hands of reservists
who were told nothing at all about the Geneva Convention, and
of intelligence operatives committed only to the extraction of
information, and of private contractors some of whom, apparently,
were already experienced in both prison management and the abuse
of prisoners. And the message communicated to these people was
one of callous indifference or worse--for some of them concluded
from the orders they were given that the humiliation of captured
Iraqi men was part of their job. They were supposed to do what
was necessary to weaken the men's resistance to future interrogations.
All this is shameful, but I am afraid that it fits all-too-well
alongside other attitudes and policies of the Bush administration.
Consider two examples.
First, this administration is committed to privatization on a
scale that far exceeds anything the country has so far seen. The
privatization of prisons began, I believe, in the Reagan years,
but the privatization of military prisons, of military occupation,
maybe even of war itself--this is an innovation of Bush II. Partly,
it's a way of hiding the costs of the war (also, probably, of
increasing them), and so it undermines the structures of fiscal
accountability. We have only begun to learn how many contract
workers there are in Iraq today and how much they are being paid.
But what is far more important is that these people are not accountable
under US military law, and they have been granted exemption from
any future Iraqi jurisdiction. If they commit crimes in Iraq,
they have to be prosecuted in the US, and such prosecutions are
very difficult. So the workers are effectively responsible only
to their contractors, and the contractors are responsible only
to the Defense Department (and only within the limits of their
contracts), and the Defense Department is responsible to Congress
and the people-except that Congress and the people are hardpressed
to find out from Defense Department bureaucrats how many contractors
there are and what they are doing. These successive responsibilities
are the very opposite of transparent, and at this moment they
don't seem to be democratically enforceable.
Second, Bush and his colleagues are contemptuous not only of the
international enforcement of human rights, but of the rights themselves,
whenever they conflict with the administration's political or
military aims. In wartime, rights do have to be balanced against
security, but there isn't much evidence of balancing in the last
few years. The Attorney General seems committed to the establishment
of a category of persons, "illegal enemy combatants,"
who are literally without any rights at all, who can be held incommunicado,
indefinitely. The prisoners in Iraq presumably don't fall into
that category; at least, most of them don't. But they certainly
have not been treated as if they are rights-bearing beneficiaries
of the Geneva Convention. A casual attitude toward the Convention
is very much in the style of this administration. The same style
is reflected in the fact that its members are much less worried
about the violation of rights than about the photographs of the
violations. Months of protests from the Red Cross brought no response;
the frank and detailed (and, I suspect, very brave) report from
General Antonio Taguba wasn't even read in the Pentagon-until
the photos began to circulate.
All this shouldn't be surprising. We should be ashamed of ourselves
for being surprised, for that is a sign that we have been hiding
or repressing what we really know-that is, how authoritarian our
government has become. We have to read in those awful pictures
of young Americans humiliating and torturing young Iraqis the
moral physiognomy of older Americans, who are running the show
in Washington. The US government will now, I am sure, proceed
to punish the young prison guards who appear in the pictures-and
perhaps their immediate superiors. There will be military trials
in Baghdad. But there is another kind of justice, political justice,
that must be done in Washington. The leaders who fostered the
climate of casualness about and contempt for international conventions
and human rights must be forced to resign or defeated in the upcoming
elections. What the courts do is very important; but what the
people do is much more important.
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