2004.06.11 - PEGC Update ======================== 1) TORTURE SCANDAL Washington Post -- June 11, 2004 USE OF DOGS TO SCARE PRISONERS WAS AUTHORIZED By Josh White and Scott Higham, Washington Post Staff Writers http://www.washingtonpost.com/wp-dyn/articles/A32776-2004Jun10.html Washington Post -- June 11, 2004; Page A06 BUSH: U.S. EXPECTED TO FOLLOW LAW ON PRISONERS By Dana Milbank and Dana Priest, Washington Post Staff Writers http://www.washingtonpost.com/wp-dyn/articles/A32707-2004Jun10.html New York City Bar Association (ABCNY) -- June 4, 2004 SUPPLEMENT: HUMAN RIGHTS STANDARDS APPLICABLE TO THE UNITED STATES’ INTERROGATION OF DETAINEES http://www.nimj.org/documents/ABCNY_InterrogationReport_Supplement_6-04.pdf 2) THE TORTURE MEMOS - SOME BLOG ANALYSIS Discourse.net -- June 9, 2004 APOLOGIA PRO TORMENTO: ANALYZING THE FIRST 56 PAGES OF THE WALKER WORKING GROUP REPORT (AKA THE TORTURE MEMO) by Prof. Michael Froomkin, U. Miami School of Law http://www.discourse.net/archives/2004/06/apologia_pro_tormento_analyzing_the_first_56_pages_of_the_walker_working_group_report_aka_the_torture_memo.html Punishment Theory -- June 10-11, 2004 READING THE TORTURE MEMO By Prof. Kyron Huigens, Yeshiva U. Cardozo School of Law 1 - http://punishmenttheory.blog-city.com/read/647273.htm 2 - http://punishmenttheory.blog-city.com/read/648182.htm June 10, 2004 THOUGHTS ON THE TORTURE MEMO Prof. Kimberly Ferzan, Rutgers School of Law http://punishmenttheory.blog-city.com/read/646430.htm * Then we have a brazenly dishonest apology for the administration's brazenly dishonest conspiracy to commit war crimes by none other than Prof. John Yoo... Los Angeles Times -- June 11, 2004 WITH 'ALL NECESSARY AND APPROPRIATE FORCE' * In interrogations, U.S. actions align with treaties and Congress' wishes. By Prof. John C. Yoo, UC Berkeley (Boalt Hall) http://www.latimes.com/news/printedition/opinion/la-oe-yoo11jun11,1,142865.story * And a withering response... June 11, 2004 YOO, UNREPENTANT By Prof. Michael Froomkin http://www.discourse.net/archives/2004/06/yoo_unrepentant.html 3) CAPTAIN YEE & SrA AL HALABI Seattle Post-Intelligencer -- June 10, 2004 LAWMAKERS URGE PENTAGON TO PROBE TREATMENT OF MUSLIM CHAPLAIN http://seattlepi.nwsource.com/local/aplocal_story.asp?category=6420&slug= Muslim%20Chaplain June 11, 2004 ACCUSED SPY CRITICISED GUANTANAMO CONDITIONS By Adam Tanner http://www.reuters.co.uk/newsPackageArticle.jhtml?type=worldNews&storyID=527244§ion=news This is only story I've been able to find. It doesn't add much, but the following quote was precious: A spokesman for the Air Mobility Command declined comment, other than to say, "Although Senior Airman al Halabi's defense attorneys may have released information related to this case...Air Force instructions prohibit the government from releasing information relating to a court-martial that could prejudice the proceedings." Actually, the "released" information appears to all be stuff that came out in court during the hearings last month. As for the government's tender concerns, better late than never would be charitable I suppose. But on the other hand, I can't help wondering what they are worried about... the facts maybe? Judging by all the trumped-up BS we've seen so far, I'm guessing those could prejudice their alleged "case" big-time. 4) PERTINENT ACADEMIC PAPERS * Allison Marston Danner (Vanderbilt) and Jenny S. Martinez (Stanford) GUILTY ASSOCIATIONS: JOINT CRIMINAL ENTERPRISE, COMMAND RESPONSIBILITY AND THE DEVELOPMENT OF INTERNATIONAL CRIMINAL LAW (March 2004), 93 Cal. L. Rev. (forthcoming January 2005). http://papers.ssrn.com/sol3/Delivery.cfm/Delivery.cfm/SSRN_ID526202_code170891.pdf?abstractid=526202&mirid=1 * Neal Kumar Katyal (Georgetown) CONSPIRACY THEORY, 112 Yale L.J. 1307 (April 2003) http://papers.ssrn.com/sol3/delivery.cfm/Delivery.cfm/SSRN_ID346500_code021104630.pdf?abstractid=346500&mirid=1 A shorter version... DANGER IN NUMBERS - WHY IT MAKES SENSE TO HAVE HARSH PUNISHMENTS FOR CONSPIRACY, Legal Affairs, April, 2003, at 44. http://www.law.georgetown.edu/faculty/nkk/documents/legalaffairs.pdf 5) HUMAN RIGHTS FIRST: US LAW & SECURITY DIGEST Issue #1 -- June 11, 2004 "Welcome to the premiere issue of Human Rights First's US Law and Security Digest, a periodic report to help keep you up to date about developments in U.S. national security law and policy that have an impact on civil liberties and human rights. The Digest will fill you in on our latest research and activities, highlight important developments in the news, and keep you abreast of upcoming events." To sign up, see: http://www.humanrightsfirst.org/sign_ups/us_law.asp 6) OP-ED The Age (Melbourne) -- June 12, 2004 HICKS: A CASE OF GUILT BY ASSOCIATION By Tim McCormack http://www.theage.com.au/articles/2004/06/11/1086749892848.html?oneclick=true [ Tim McCormack is the Australian Red Cross professor of international humanitarian law at the University of Melbourne and a special adviser on international law matters to the judges in The Hague for the trial of Slobodan Milosevic. ] AlterNet -- June 11, 2004 GUANTANAMO: WHAT THE WORLD SHOULD KNOW By Michael Ratner and Ellen Ray, AlterNet http://www.alternet.org/story.html?StoryID=18927 AlterNet -- June 10, 2004 THE DAY THE CONSTITUTION DIED By Molly Ivins http://www.alternet.org/story.html?StoryID=18919 The London News Review -- June 11, 2004 ABU GHRAIB: HOW WILL THE TORTURE OF CHILDREN BE SPUN AS LEGAL? Editorial http://www.lnreview.co.uk/links/001967.php truthout / Le Monde -- June 11, 2004 TORTURE SCANDAL GROWS AND THREATENS TO REACH GEORGE BUSH By Patrick Jarreau http://www.truthout.org/docs_04/061204E.shtml The Border Mail (Wodonga) -- June 12, 2004 Letter to the editor PM WILL HIDE HICKS SCANDAL By Howard Lowndes http://www.bordermail.com.au/newsflow/pageitem?page_id=740210 Regards, Charly * * * Charles Gittings Oakland, California cbgittings@sbcglobal. net +1-510-923-1688 PROJECT TO ENFORCE THE GENEVA CONVENTIONS (PEGC) PEGC.no-ip.info PEGC Update PEGC.no-ip.info/PEGC_Update.html