November 26, 2007: The
dismissal of torture charges against former Secretary of Defense Don Rumsfeld
is the latest failure of lawfare in foreign courts. Similar lawfare cases had
been filed in Germany as well, but this dismissal shows that human rights
groups have failed yet again.
European courts had been
chosen largely because they were seen as a means to place pressure on the
United States to stop so-called "torture" at Guantanamo Bay – never
mind that American policy has long eschewed torture.
These torture claims have been
ongoing. In 2005, there were questions raised about the treatment of the
detainees. In July of that year, Senator Richard Durbin compared the treatment
of the detainees to Nazi concentration camps. This was despite the fact that
out of over 24,000 interrogations, incidents of abuse were rare (32 involving
interrogations – 6 of which were corrected on the spot, with the rest dealt
with through normal channels). Of the 10,000 troops at Guantanamo Bay, only ten
were disciplined for not meeting standards – and in many of those cases, the
disciplined soldiers had been provoked by the detainees (one case of alleged
abuse came after a detainee had spat in the face of an interrogator).
One of the other bones of
contention was the release of an interrogation diary involving a high-value
detainee. The methods used during the detainee's interrogations were portrayed
as routine. They were not – the techniques had been authorized as part of a
special protocol. Naturally, human rights groups have been complaining about
this, and their concerns are amplified by sympathetic news reports. Having lost
in the domestic arena, they now have turned to foreign courts.
The lawsuits not only cited
Guantanamo Bay, but they also cited Abu Ghraib. This "apples and
oranges" approach shows how thin the case really is. Abu Ghraib was the
actions of some rogue military policemen. At Guantanamo Bay, the special
techniques were authorized and the proper authorities were informed. In the
investigations of these matters, the results were clear: No torture occurred.
In essence, the failed lawfare
attack in France really was little more than an effort to rehash old (and
unfounded) allegations in a new forum. Human rights groups will be back – even
though their lawfare has the potential to cause serious problems between the
United States and its NATO allies. Of course, they will not be asked why they
are sticking up for terrorists who wish to do far more damage to human rights
than the targets of the years of lawfare have done. – Harold C. Hutchison (haroldc.hutchison@gmail.com)
