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Thursday, August 26, 2004

That's the title of this Opinion Journal piece on the Abu Ghraib investigation results.

OpinionJournal - A Rumsfeld Vindication, Abu Ghraib reports blow apart allegation of a "culture of permissiveness."

A little perspective:

Since Operation Enduring Freedom began in October 2001, the U.S. has handled about 50,000 detainees in Afghanistan, Iraq and other venues of the war on terror. Among those, about 300 allegations of abuse have arisen. And as of this month 155 investigations have resulted in 66 substantiated cases of mistreatment. Only about a third of those cases were related to interrogation, while another third happened at the point of capture, "frequently under uncertain, dangerous and violent circumstances."...

..."The behavior of our troops is so much better than it was in World War II," Mr. Schlesinger told us yesterday, by way of comparison. Of the Abu Ghraib photos, he added, "It is preposterous that what these pictures show is we were prepared to use torture to get information," as Senator Ted Kennedy and others have alleged. Rather, Mr. Schlesinger characterized the photographed Abu Ghraib abuses as "free-lance activities on the part of the night shift," echoing the testimony we've heard so far during the courts martial for the accused.

...Looking at mistreatment both at Abu Ghraib and elsewhere, the report says that "No approved procedures called for or allowed the kinds of abuse that in fact occurred. There is no evidence of a policy of abuse promulgated by senior officials or military authorities."

Another important international body becoming dangerously politicized, the ICRC:

The Schlesinger report also shines a well-deserved spotlight on the International Committee of the Red Cross. It notes that much of the ICRC criticism used to bludgeon the Pentagon stems--as we've noted in this column--from a radical interpretation of the laws of war under which "interrogation operations would not be allowed," and which "would deprive the U.S. of an indispensable source of intelligence in the war on terrorism."

In particular, the ICRC is rapped for insisting that the U.S. adhere to a controversial document known as Protocol 1, which the U.S. long ago explicitly rejected and which would grant terrorists and other non-uniformed combatants all the privileges of normal prisoners of war. The ICRC, the report says, promulgates this standard dishonestly "under the guise of customary international law."

The report suggests that the ICRC can still play a valuable role as "an early warning indicator of possible abuse," but that "the ICRC, no less than the Defense Department, needs to adapt itself to the new realities of conflict, which are far different from the Western European environment from which the ICRC's interpretation of the Geneva Conventions was drawn." We wonder if the journalists who've lived off Red Cross leaks will report this rebuke.

Conclusion:

The Schlesinger and Fay reports obviously haven't satisfied some critics, who are furiously spinning them for political advantage even though their accusations about alleged command failure have shifted drastically from "condoning torture" to poor supervision and planning. Some others are dismissing them altogether as a whitewash.

But Mr. Schlesinger and his fellow panelists, having already had long and distinguished careers, have no motivation to risk their own reputations for Mr. Rumsfeld's. They have produced what's to date the definitive assessment of what went wrong, and the bottom line could hardly be more clear: While the Abu Ghraib abuses deserve to be punished, like other wartime excesses, the allegations that they had anything to do with so-called "torture memos" and a Pentagon "culture of permissiveness" are nothing but a political smear.


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