Experts: JAG cut out of loop - Newsday

[TacticalPeek]

Experts: JAG cut out of loop

BY JOHN RILEY
Staff Writer

A little more than a year ago, Scott Horton, chairman of the New York City bar association's Committee on International Human Rights Law, got a call "out of the blue" from an intermediary who wanted to arrange an off-the-record meeting with some high-ranking military lawyers.

Horton, in response, held two sessions with eight "very senior" legal officers from the Judge Advocate General's corps. They were, he says, "very circumspect" because most of what they wanted to discuss was highly classified.

But their message was clear. New rules governing interrogation and the application of the Geneva Conventions in the war on terror were coming down from the civilian side of the Pentagon. JAG officers had been cut out of the loop.

And they were very concerned. "They were very specific in saying there is a policy coming from the top creating an atmosphere of legal ambiguity surrounding the interrogation process that serves no legitimate function and carries grave risks," Horton recalls. "They made it very clear they wanted the bar to raise its voice about this."


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http://www.newsday.com/news/nationworld/ny-gen0516,0,3707944.story?coll=ny-top-headlines


"Grave risks." You can say that again.

[izzie]

1. Now that is one interesting item

First I would like to know if these civilian lawyers are of the Neo-con belief.( the ones that seem to be pushing out the military) Usually what we have is civilian control over the military, with the military always fighting they need their head to win the war. This sure looks like even the military did not like what was being done in their name. Bush can not have it both way on this. It is a war and it is not a war, on this subject.I do not think the news is going over the top on this as we have had this in the paper since right after 911. It is now being put together but we on this site have been saying it all the time. A friend and I talked of this. A slow drip of this right gone and this going on and a few men dead in box cars, and hundreds in cages in Cuba. It just is starting to hit the fan now and every one is starting to put it together. Even Bob Barr, as right wing as they come, sent up flags on all this stuff.Just as the GOP were only giving out jobs if you voted right at NHI I am willing to bet it was the same for lawyers in the civilian side of the DOD.

[teryang]

2. Article 5 doesn't authorize torture

...against suspected detainees nor does it waive due process rights:


Art. 5 Where in the territory of a Party to the conflict, the latter is satisfied that an individual protected person is definitely suspected of or engaged in activities hostile to the security of the State, such individual person shall not be entitled to claim such rights and privileges under the present Convention as would, if exercised in the favour of such individual person, be prejudicial to the security of such State.

Where in occupied territory an individual protected person is detained as a spy or saboteur, or as a person under definite suspicion of activity hostile to the security of the Occupying Power, such person shall, in those cases where absolute military security so requires, be regarded as having forfeited rights of communication under the present Convention.

In each case, such persons shall nevertheless be treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention. They shall also be granted the full rights and privileges of a protected person under the present Convention at the earliest date consistent with the security of the State or Occupying Power, as the case may be.

[Don_G]

3. Because Rummy Not Only Knew

But authorized the torture: http://story.news.yahoo.com/news?tmpl=story&cid=1896&e=4&u=/nm/iraq_abuse_pentagon_dc

[DUreader]

4. I do not recall the Bar raising concerns

though, in fairness, I doubt the press would have given them much coverage if they did

[struggle4progress]

5. kick

:kick: