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8/14/2019 Al Qaeda 3700 - 445 - Presentation - What Should Be Done With Captured Jihadists
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WHAT SHOULD BE DONE WITH CAPTURED JIHADISTS?
THOMAS JALBERT
BENJAMIN HOLDSWORTH
PETE DIMONOSKI
WISSEM ABID
JASON COWLING
Al Qaeda 3700: 445
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Project Approach & Overview
Codified Interrogation and Torture Law
Currently used Interrogation Standards
Judicial application of Interrogation
PracticesUS and Middle East Public Perception of
Interrogation Standards.
Conclusions and Policy Recommendations
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Thomas Jalbert Interrogation Thomas Jalbert Interrogation Thomas Jalbert Interrogation
Thomas Jalbert
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Third Geneva Convention -
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 be threatened,insulted, or exposed to any unpleasant ordisadvantageous treatment of any kind.
Signed and ratified by the United States
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United Nations Convention
Prohibits torture and any cruel or degradingtreatment
Reinforced the ban on Refoulement, as setforth 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 of torture.Signed by the United States in 1988, not
ratified until 1994
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US Interpretation of CAT
July 2007 Executive Order determinedthat members of Al Qaeda, the Taliban,and associated forces were unlawful
combatants, and therefore not covered bythe Geneva CAT
reinforced 2002 Bush Opinion
Affirms US Code, which prohibits the useof torture during interrogations by the CIA
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US Codified Definition of Torture
US enacted 18 U.S.C. 2340 and 2340A,which prohibit torture occurring outsidethe United States, to be in compliancewith the UN CAT.
Torture means an act committed by aperson acting under the color of lawspecifically intended to inflict severephysical or mental pain or suffering (otherthan pain or suffering incidental to lawfulsanctions) upon another person within hiscustody or physical control.
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Interpretation of18 U.S.C. -
Redefines meaning of "severe" pain underthe 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 certain conductspecifically intended to cause "severephysical suffering" is distinct from "severephysical pain."
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Optional Protocol to theConvention a ainst Torture
Not signed or ratified by the United States
Establishes an international inspectionsystem for places of detention modeled
on the system which has existed inEurope since 1987
Seeks to prevent torture and other formsof ill-treatment through the establishmentof a system of regular visits to places ofdetention carried out by independentinternational and national bodies.
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Currently Used Interrogation
Currently Used Interrogation
Currently Used Interrogation
Currently Used Interrogation
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Overview -Current US Interrogation
Standards
KUBARK
FM 34-52
FM 2-22.3
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KUBARK (1963)
CIA Interrogation ManualDeclassified in 1997
Addresses Interrogation Process
Includes section regarding CoerciveCounterintelligence Interrogation ofResistant Sources (CIA, 1963)
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KUBARK: Coercive Counterintelligence
Disclaimer
Techniques included
Sensory Deprivation
Threats/FearPain
Narcotics
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FM 34-52: Intelligence
Interro ation
Written prior to GWOT (1992)Used for first few years of GWOTDetails
interrogation processScreeningApproachesquestioning
processing of captured documents
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FM 34-52 Approaches
Direct
Incentive
Emotional
Increased Fear
Pride and Ego
Others
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FM 34-52 cont.
Questioning
Direct
Follow up
Non-pertinentRepeated
Control
Prepared
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FM 2-22.3
2006-Supercedes FM 34-52
Current FM used by DOD
Very concerned with US and International
LawInterrogation now called Human
Intelligence Collection or HUMINT
Addresses many concerns raised by Abu
Ghraib scandal
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Confessions are used to
Designed to get criminal convictions
Prosecutions take full advantage ofstatements
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Evidence against detainees is
Accusations as evidence
Less than objective sources
Additional evidence
Hearsay and coerced evidence
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Evidence may not be admitted
Highly coercive evidence barred
Statements made without witness
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Classified evidence necessitates
Prohibits civil rights groups and detainees
Difficult to challenge sources
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-
Brig. Gen. Thomas Hartmann
Special Agent Robert McFadden
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Poorly administered justiceundermines United States
Supreme Court
European statement
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Public Perception of Torture WissemAbidPublic Perception of Torture WissemAbidPublic Perception of Torture WissemAbid
Public Perception of Torture WissemAbid
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US public opinion on
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 Human Rights. 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 are legal.
A large majority of Americans think that the treatmentof the suspects should be binding by the UN treatiesand international law.
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Public opinion on interrogation
54% of Egyptian believe that clear rules oftorture should be maintained.
46 % believe that some degree of torture
should be allowed in the case of terrorism.The large majority in the Middle East
believes that the US has violatedinternational law in treating the
Guantanamo detainees.Abu Ghraib scandal led to anger and anti-
Americanism in the Middle East
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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. Sami AL Haj "Our human condition, our human dignity was violated,
and the American administration went beyond allhuman values, all moral values, all religious values.Sami Al Haj
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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 charge maydestabilize the situation in the Muslimcountries.
It may affect US Arab relations and hurt US
interests in the Middle East. It helps al-Qaeda leaders to recruit more
young Muslims.
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Conclusion & Policy Recommendations Jason CowlingConclusion & Policy Recommendations Jason CowlingConclusion & Policy Recommendations Jason Cowling
Conclusion & PolicyRecommendations Jason Cowling
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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 tortureand other misfeasance.
Treating Terrorists as Criminals not EnemyCombatants
Account for Past Abuses - Trans arenc
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Polic Blo :
http://jihadistinterrogation.blogspot.com/
http://jihadistinterrogation.blogspot.com/http://jihadistinterrogation.blogspot.com/http://jihadistinterrogation.blogspot.com/http://jihadistinterrogation.blogspot.com/