I was skimming The Official Reports of the Independent Panel and the Pentagon on the abuse at Abu Ghraib (and elsewhere). Perhaps, the most important thing to remember is to note who wrote the "Schlesinger Report" -- the panel included two former secretaries of defense (Nixon/Ford and Carter), a retired air force general, and member of the Defense Policy Board Advisory Committee (R.I.P. -- Tillie Fowler). You know, not the ACLU. A former chairman of the Joint Chiefs of Staff (Colin Powell) opposed the non-application of the Geneva Conventions on the detainees, which helped further the abuse.
Various members of JAG core also opposed the rules eventually applied. And, other big names challenged them, including in respect to the rules put forth for military commissions. Some of these names can be found on amici briefs in various lawsuits involving such matters. Bottom line: key members of the military leadership did not like what went on. Putting aside the abuse on the detainees, what of the abuse of our military? This is perhaps the ultimate shame, even if people think abuse of detainees is a cost of war. On a separate issue, consider this discussion of the twisted moral depravity in respect to sexual matters of the current Defense Department.
The report was depressing reading -- it is the sort of thing that makes me want to rant. And, note the dates: this stuff came out in the open in early 2004, though insiders knew something wrong was going on earlier than that. But, again, bottom line -- it really was not too important. I say this for a couple reasons. (1) Congress did not lay down the gauntlet, clarifying rules of capture, as is their constitutional duty. (2) The public, after the issue was not really addressed in the campaign, re-elected the administration involved. Such things are like the poor -- unfortunate, but something we must handle. This is best done if we just do not think too much about it.
The events of October through December 2003 on the night shift of Tier 1 at Abu Ghraib prison were acts of brutality and purposeless sadism. We now know these abuses occurred at the hands of both military police and military intelligence personnel. ... They represent deviant behavior and a failure of military leadership and discipline.
Not my words -- the panel's. The final sentence is clarified in the text. The "deviant behavior" is not the result of a few deviant members of the military. It was furthered and in some way inevitable given the acts from above. As with the 9/11 Commission, the criticism of the administration shines through from people who in no way can be smeared as partisan whiners. The deviant part, and the report (reports actually -- the booklet I had included parts of the Fay Report) admits as much, is a bit generous. The system, rules, and leadership was clearly at blame in part here as well.
The administration misconstrued the likely aftermath of the war, leading to an underequipped effort that particularly included prison personnel. Unclear policy dictates as well as undertrained/overseen prison personnel furthered wrongful conduct. Rules applied to Guantanamo Bay (small prison population, much more ability to oversee, prisoners generally deemed "unlawful combatants" without Geneva Convention protections) flowed into Afghanistan and Iraq, the latter covered by Geneva and involving a prison overwhelmed by events (75:1 guard/prisoner ratios, prison continually under attack, leading to deaths of prisoners, etc.). And, abuses went on without proper response, blame that can go to the top.
But, this is not 2003 or even 2004. This is 2005, going on 2006. And, a bill that would simply require members of the military to follow military code of conduct (the reports did not deal with CIA involvement -- testimony in the Alberto Gonzales confirmation and so forth suggests "humane" rules did not apply to them) is still not passed -- even if the measure (which Bush -- who has yet to veto anything -- threatened to veto; bring it on asshole) passed in the Senate with less than ten votes against. War is hell, but hell on earth can be tempered some, I think. The military itself thought so, but soldier on as their leadership fails them.
We are better than this.