http://www.alertnet.org/thenews/newsdesk/HRW/f6f10dbbee1b711c0edf59c2a6ff4c60.htm<snip>Secretary Rumsfeld should be investigated for potential liability in war crimes and torture by US troops in Afghanistan, Iraq and Guantánamo under the doctrine of "command responsibility"-the legal principle that holds a superior responsible for crimes committed by his subordinates when he knew or should have known that they were being committed but fails to take reasonable measures to stop them. Secretary Rumsfeld approved interrogation techniques which violated the Geneva Conventions and the Convention against Torture, such as the use of guard dogs to frighten prisoners and painful "stress" positions. There is no evidence that, over a three-year period of mounting reports of abuse, Rumsfeld exerted his authority and warned those under his command that the mistreatment of prisoners must stop. Had he done so, many of the crimes committed by U.S. forces certainly could have been avoided.
Under George Tenet's direction, and reportedly with his specific authorization, the CIA has "rendered" detainees to countries where they were tortured, making Tenet potentially liable as an accomplice to torture. The CIA has also "disappeared" detainees in secret locations and it is said to have used "waterboarding," in which the detainee's head is pushed under water until he believes he will drown, also reportedly with Tenet's authorization.
Gen. Sanchez approved illegal interrogation methods-again, including the use of guard dogs to frighten prisoners-which were then applied by soldiers at Abu Ghraib. Gen. Sanchez does not appear to have intervened to stop the commission of war crimes and torture by soldiers under his direct command.
Gen. Miller, as commander at the tightly-controlled prison camp at Guantánamo Bay, Cuba, may bear responsibility for war crimes and acts of torture there. He may also bear responsibility for bringing illegal abusive interrogation tactics to Iraq.
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