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Article 43 of the 1907 Hague IV convention on “Laws and Customs of War on Land” states that “[t]he authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country.” Article 55 states, “The occupying State shall be regarded only as administrator and usufructuary of public buildings, real estate, forests, and agricultural estates belonging to the hostile State, and situated in the occupied country. It must safeguard the capital of these properties, and administer them in accordance with the rules of usufruct.” Most legal experts interpret these provisions to mean that an occupying military power cannot change the laws of a country it occupies. (Hague Convention IV 10/18/1907; Whyte 3/2007, pp. 181)

Gen. Rick Baccus is relieved of his duties at Guantanamo and also as an officer in the Rhode Island National Guard. With regard to the latter position, his commanding officer in the Rhode Island National Guard, Maj. Gen. Reginald Centracchio, says he has fired him for reasons that “culminated in my losing trust and confidence in him.” One of those reasons, a National Guard spokesman says, is failing to keep headquarters up to date with reports on the well-being of troops. Baccus denies the allegation and expresses surprise. “I’m a little amazed that after being deployed for seven months, separated from my wife, family, and my job and being called to active duty, this is the kind of reception I’m getting.” (Borger 10/16/2002) In response to the allegation that his treatment of prisoners made it more difficult for the interrogators, Baccus states that “in no instance did I interfere with interrogations.” (Borger 10/16/2002) Paradoxically, this is exactly what the Pentagon is planning to change. Baccus’s sacking coincides with the merger of his Joint Task Force (JTF) 160 with military intelligence unit JTF-170 into a new JTF-GTMO. By doing this Rumsfeld will give military intelligence control of all aspects of the camp, including the MPs. (Barry, Hirsh, and Isikoff 5/24/2004) Military police, now called the Joint Detention Operations Group (JDOG), and the Joint Intelligence Group report directly to the commander of JTF-GTMO. The MPs are fully incorporated into a joint effort of extracting information from prisoners. Vice Admiral Albert T. Church III, naval inspector general, will later describe the arrangement during a press briefing in May 2004: “They monitor the detainees, they monitor their behavior, they monitor who the leaders are, who the followers are, they monitor what is said and they ask for an interpreter if there’s a lot of conversation going on. They’ll know eating habits, and they’ll record this in a management information system, which could be useful to the intelligence group, during the interrogations.” (US Department of Defense 5/12/2004)

Maj. Gen. Geoffrey Miller assumes command of the new Joint Task Force (JTF) GTMO, which is the product of the merger of the military intelligence and military police units at Guantanamo (see October 9, 2002). (Amnesty International 10/27/2004) Although he is reported not to have had any formal training in the operation of prisons or in intelligence, Miller comes to be seen at the Pentagon as largely successful in extracting information from the prisoners. “[H]e oversaw,” according to the Washington Post, “a transformation of the… detention center at Guantanamo Bay from a disorganized bundle of tents into an efficient prison that routinely produced what officials have called ‘moderately valuable’ intelligence for the war on terrorism.” (Smith 5/16/2004) The “Tipton Three,”—Rhuhel Ahmed, Asif Iqbal, and Shafiq Rasul—also notice the difference. “We had the impression,” Rasul recalls, “that at the beginning things were not carefully planned but a point came at which you could notice things changing. That appeared to be after [the arrival of] Gen. Miller around the end of 2002.” Thus, according to the Tipton Three, it is under Miller that the practice of so called “short-shackling” begins, which is the chaining of prisoners into squatting or fetal positions. Miller’s arrival also heralds, according to the three Britons, the start of sexual humiliation, “loud music playing in interrogation, shaving beards and hair,… taking away people’s ‘comfort’ items, the introduction of levels, moving some people every two hours depriving them of sleep, [and] the use of A/C air.” Also, isolation periods are stepped up considerably. “Before, when people would be put into blocks for isolation, they would seem to stay for not more than a month. After he came, people would be kept there for months and months and months,” the three allege. “Isolation was always there.” Additionally, the occasional call for prayers is ended under Miller. (Rasul, Iqbal, and Ahmed 7/26/2004 pdf file)

Rumsfeld’s handwritten note at the bottom of the memo he signs: “However, I stand for 8-10 hours a day. Why is standing limited to 4 hours?”Rumsfeld’s handwritten note at the bottom of the memo he signs: “However, I stand for 8-10 hours a day. Why is standing limited to 4 hours?” [Source: HBO]Defense Secretary Donald Rumsfeld approves General Counsel William J. Haynes’ recommendations for interrogations methods (see November 27, 2002) and signs the action memo. (Lindlaw 6/23/2004) He adds in handwriting: “However, I stand for 8-10 hours a day. Why is standing limited to 4 hours?” In signing the memo, Rumsfeld adds for use at Guantanamo Bay 16 more aggressive interrogation procedures to the 17 methods that have long been approved as part of standard US military practice. (Jehl 8/25/2004) The additional methods, like interrogation sessions of up to 20 hours at a time and the enforced shaving of heads and beards, are otherwise prohibited under US military doctrine. (MSNBC 6/23/2004)

In a memo to General Counsel William J. Haynes, Defense Secretary Donald Rumsfeld, without an explanation, rescinds his authorization for the majority of the interrogation methods he approved in December (see December 2, 2002). The remaining methods can only be used with his express approval and on an individual basis. (Jehl 8/25/2004) He also forms a panel of top Defense Department officials, known as the General Counsel Interrogation Working Group, “to assess the legal, policy, and operational issues relating to the interrogations of detainees held by the US Armed Forces in the war on terrorism.” This should ultimately result in the development of proper interrogation techniques. (MSNBC 6/23/2004) The working group will consist of people working in the offices of Haynes, Douglas Feith, the military departments, and the Joint Staff. Haynes will be the panel’s chairman. (US Department of Defense 8/23/2004 pdf file)

The US military command in Afghanistan, Combined Joint Task Force (CJTF) 180, issues a memo on interrogation techniques, which includes nudity on the list of effective interrogation methods, despite this tactic being presumably barred by Defense Secretary Rumsfeld on January 15 (see January 15, 2003) for use at Guantanamo and in Afghanistan. According to Maj. Gen. George R. Fay, who will write a detailed report on detention operations (see August 25, 2004), the document “highlighted that deprivation of clothing had not historically been included in battlefield interrogations.” However he will add, “It went on to recommend clothing removal as an effective technique that could potentially raise objections as being degrading or inhumane, but for which no specific written legal prohibition existed.” (US Department of Defense 8/23/2004 pdf file) The document also speaks of exploiting the Arab fear of dogs. (US Department of Defense 8/23/2004 pdf file) Rumsfeld also banned the use of dogs for interrogation purposes in his January 15 order (see January 15, 2003).

British Attorney General Lord Goldsmith warns Prime Minister Tony Blair in a memo that any measures taken in Iraq by the occupying powers not related to the issue of security would be unlawful without an additional security council resolution. “My view is that a further security council resolution is needed to authorize imposing reform and restructuring of Iraq and its government,” Lord Goldsmith writes. “The government has concluded that the removal of the current Iraqi regime from power is necessary to secure disarmament, but the longer the occupation of Iraq continues, and the more the tasks undertaken by an interim administration depart from the main objective, the more difficult it will be to justify the lawfulness of the occupation.” He says that attempts to implement “wide-ranging reforms of governmental and administrative structures,” change the status of public officials or judges except in exceptional cases, or “the imposition of major structural economic reforms would not be authorized by international law.” Goldsmith also expressed this opinion orally during a cabinet meeting. (Dyer 5/22/2003) The basis for Goldsmith’s position is likely the Hague regulations of 1907 (see October 18, 1907), which requires that an occupying power respect the laws of the country it occupies. (Eviatar 1/10/2004; Juhasz 7/2004)

At the request of the Coalition Provisional Authority, the Federal Reserve Bank sends the CPA $20 million in $1, $5, and $10 bills. The money is drawn from the Development Fund for Iraq (DFI) and special US Treasury accounts containing revenues from sales of Iraqi oil exports, surplus dollars from the UN-run oil-for-food program, and frozen assets that belonged to the government of Saddam Hussein. This is the first of several shipments, totaling some $12 billion, that will be made over the next 14 months. (US Congress 2/6/2007 pdf file)

In a report, the Pentagon working group (see January 15, 2003) recommends the adoption of 35 interrogation techniques. Twenty-six of them are recommended for use in interrogations of all unlawful combatants held outside the US. The remaining nine are considered “exceptional” and recommended for use only on unlawful combatants suspected of holding “critical intelligence.” The advice is clearly not for the public eye. “Should information regarding the use of more aggressive interrogation techniques than have been used traditionally by US forces become public,” the panel warns in its report, “it is likely to be exaggerated or distorted in the US and international media accounts, and may produce an adverse effect on support for the war on terrorism.” (MSNBC 6/23/2004)

Unchecked looting of Iraqi ministries.Unchecked looting of Iraqi ministries. [Source: Representational Pictures]Widespread looting and general lawlessness breaks out as the security forces of the Baathist regime fade away. Countless age-old treasures are lost when museums are looted (see April 13, 2003). (Associated Press 4/10/2003; CBC News 4/11/2003) US officers at Central Command in Qatar tell CBC news it is up to Iraq’s own civil authorities to stop the looting. “At no point do we really see becoming a police force,” says Brigadier General Vincent Brooks. “What we see is taking actions that are necessary to create stability.” (CBC News 4/12/2003; Graham 8/18/2005) The Coalition Provisional Authority later estimates the cost of the looting at around $12 billion. According to reporter George Packer, the looting canceled out the “projected revenues of Iraq for the first year after the war. The gutted buildings, the lost equipment, the destroyed records, the damaged infrastructure, would continue to haunt almost every aspect of the reconstruction.” (Unger 2007, pp. 302)

The priceless Warka Vase, looted from the National Museum and later returned.The priceless Warka Vase, looted from the National Museum and later returned. [Source: Art Daily (.com)]In a press briefing, Defense Secretary Donald Rumsfeld dismisses the wave of looting and vandalism throughout much of Iraq (see April 9, 2003 and After April 9, 2003) with the comment, “Stuff happens.” The looting is “part of the price” for freedom and democracy, he says, and blames “pent-up feelings” from years of oppression under the rule of Saddam Hussein. He goes on to note that the looting is not as bad as some television and newspaper reports are trying to make it out to be (see Late April-Early May, 2003 and May 20, 2003). “Freedom’s untidy, and free people are free to make mistakes and commit crimes and do bad things,” he tells reporters. “They’re also free to live their lives and do wonderful things. And that’s what’s going to happen here.” General Richard Myers, chairman of the Joint Chiefs of Staff, who is with Rumsfeld at the press briefing, agrees. “This is a transition period between war and what we hope will be a much more peaceful time,” he says. CNN describes Rumsfeld as “irritated by questions about the looting.” Rumsfeld says that the images of Iraqi citizens ransacking buildings gives “a fundamental misunderstanding” of what is happening in Iraq. “Very often the pictures are pictures of people going into the symbols of the regime, into the palaces, into the boats and into the Ba’ath Party headquarters and into the places that have been part of that repression,” he explains. “And while no one condones looting, on the other hand one can understand the pent-up feelings that may result from decades of repression and people who’ve had members of their family killed by that regime, for them to be taking their feelings out on that regime.” (US Department of Defense 4/11/2003; Loughlin 4/12/2003)
Accuses the Media of Exaggeration - Rumsfeld accuses the media of exaggerating the violence and unrest throughout the country: “I picked up a newspaper today and I couldn’t believe it. I read eight headlines that talked about chaos, violence, unrest. And it just was Henny Penny—‘The sky is falling.’ I’ve never seen anything like it! And here is a country that’s being liberated, here are people who are going from being repressed and held under the thumb of a vicious dictator, and they’re free. It’s just unbelievable how people can take that away from what is happening in that country! Do I think those words are unrepresentative? Yes.” (US Department of Defense 4/11/2003) “Let me say one other thing,” he adds. “The images you are seeing on television you are seeing over, and over, and over, and it’s the same picture of some person walking out of some building with a vase, and you see it 20 times, and you think: ‘My goodness, were there that many vases? Is it possible that there were that many vases in the whole country?’” (Mitchell 4/11/2009)
'Looting, Lawlessness, and Chaos on the Streets of Iraq' - The next day, Toronto Star columnist Antonia Zerbiasias reports: “All day long, all over the dial, the visuals revealed looting, lawlessness, and chaos on the streets of Iraq. Nothing was off-limits, not stores, not homes, not embassies, certainly not Saddam Hussein’s palaces nor government buildings and, most disgustingly, not even hospitals.” She is “astonished” at Rumsfeld’s words, and observes that “the only free anything the Iraqis are going to get in the next little while is going to be whatever they can ‘liberate’ from electronics shops. Maybe Rumsfeld’s marketing people can come up with a slogan for that.” (Zerbisias 4/12/2003)
Archaelogists Outraged at Rumsfeld's Remarks - Historians and archaeologists around the world are outraged at Rumsfeld’s remarks. Jane Waldbaum, the president of the Archaeological Institute of America, says her agency warned the US government about possible looting as far back as January 2003. She says she is as horrified by Rumsfeld’s cavalier attitude towards the looting as she is with the looting itself. “Donald Rumsfeld in his speech basically shrugged and said: ‘Boys will be boys. What’s a little looting?’” she says. “Freedom is messy, but freedom doesn’t mean you have the freedom to commit crimes. This loss is almost immeasurable.” (Witt 4/17/2003)
Failure to Protect Hospitals, Museums - Four days after Rumsfeld makes his remarks, progressive columnist John Nichols notes that had a Democratic or liberal government official made such remarks, Republicans and conservatives would be “call[ing] for the head” of that official. Nichols notes what Rumsfeld failed to: that looters stripped hospitals, government buildings, and museums to the bare walls. He also asks why US soldiers did not stop the looting, quoting the deputy director of the Iraqi National Museum, Nabhal Amin, as saying: “The Americans were supposed to protect the museum. If they had just one tank and two soldiers nothing like this would have happened.” Nichols notes the irony in the selection of the Oil Ministry as the only government building afforded US protection. He concludes: “When US and allied troops took charge of the great cities of Europe during World War II, they proudly defended museums and other cultural institutions. They could have done the same in Baghdad. And they would have, had a signal come from the Pentagon. But the boss at the Pentagon, Donald Rumsfeld, who had promised to teach the Iraqi people how to live in freedom, was too busy explaining that rioting and looting are what free people are free to do.” (Nichols 4/15/2003)
Fired for Confronting Rumsfeld over Remark - Kenneth Adelman, a neoconservative member of the Defense Policy Board (DPB) who before the war said that the invasion of Iraq would be a “cakewalk” (see February 13, 2002), later confronts Rumsfeld over the “stuff happens” remark. In return, according to Adelman’s later recollection, Rumsfeld will ask him to resign from the DPB, calling him “negative.” Adelman will retort: “I am negative, Don. You’re absolutely right. I’m not negative about our friendship. But I think your decisions have been abysmal when it really counted. Start out with, you know, when you stood up there and said things—‘Stuff happens.‘… That’s your entry in Bartlett’s [Famous Quotations]. The only thing people will remember about you is ‘Stuff happens.’ I mean, how could you say that? ‘This is what free people do.’ This is not what free people do. This is what barbarians do.… Do you realize what the looting did to us? It legitimized the idea that liberation comes with chaos rather than with freedom and a better life. And it demystified the potency of American forces. Plus, destroying, what, 30 percent of the infrastructure.” Adelman will recall: “I said, ‘You have 140,000 troops there, and they didn’t do jack sh_t.’ I said, ‘There was no order to stop the looting.’ And he says, ‘There was an order.’ I said, ‘Well, did you give the order?’ He says, ‘I didn’t give the order, but someone around here gave the order.’ I said, ‘Who gave the order?’ So he takes out his yellow pad of paper and he writes down—he says, ‘I’m going to tell you. I’ll get back to you and tell you.’ And I said, ‘I’d like to know who gave the order, and write down the second question on your yellow pad there. Tell me why 140,000 US troops in Iraq disobeyed the order. Write that down, too.’ And so that was not a successful conversation.” (Murphy and Purdum 2/2009)

Deputy curator Mohsen Hassan sits amidst the wreckage in the National Museum.Deputy curator Mohsen Hassan sits amidst the wreckage in the National Museum. [Source: Getty Images / Salon]The New York Times reports that in the four days of looting in Baghdad and other Iraqi cities (see April 9, 2003 and After April 9, 2003), the National Museum of Iraq has been almost completely pillaged. Over 170,000 artifacts have been stolen or destroyed from the museum, which once boasted an irreplaceable collection of artifacts from Mesopotamia dating back as far as 7,000 years. The Times reports that archaeologists and specialists once regarded the museum as “perhaps the richest of all such institutions in the Middle East.” Only today have museum curators and government officials been able to start cataloguing the losses, as the waves of looting have begun to ebb, and fires set in dozens of government buildings begun to burn themselves out. While some treasures may have been stored in safes and vaults, the 28 galleries of the museum, and the museum’s main storage vaults, have been “completely ransacked,” the Times reports. What could not be taken was vandalized; 26 huge statues were methodically decapitated. Museum officials are enraged that US troops refused to protect the building (with one exception, a single intervention on April 10 that lasted about half an hour). The museum’s corridors are littered with smashed ceramics and burned-out torches of rags soaked in gasoline. “All gone, all gone,” one curator says. “All gone in two days.” Iraqi archaeologist Raid Abdul Ridhar Muhammed describes a crowd of thousands of looters armed with rifles, pickaxes, knives, clubs, and hunks of metal torn from automobiles. He watched as they stormed in and out of the complex, carrying precious antiquities away in wheelbarrows and handcarts. Deputy curator Mohsen Hassan watched helplessly as men with sledgehammers smashed glass display cases to get at the valuables inside. Some of the looters were from the impoverished districts of Baghdad, Hassan recalls, but many were middle class citizens who seemed to know just what they were looking for. “Did some of them know the value of what they took?” Hassan says. “Absolutely, they did. They knew what the most valued pieces in our collection were.” Muhammed blames the Americans for not securing the museum, as do many other Iraqis. “A country’s identity, its value and civilization resides in its history,” he says. “If a country’s civilization is looted, as ours has been here, its history ends. Please tell this to President Bush. Please remind him that he promised to liberate the Iraqi people, but that this is not a liberation, this is a humiliation.” (Burns 4/13/2003; Ballingrud 2/6/2005) Later investigations prove that many of the antiquities thought looted were actually hidden away by museum curators (see June 13, 2003).

Undersecretary for Political Affairs Marc Grossman says in an interview with Free Iraqi Television: “Soon Iraqis will be able to give us guidance about how to move forward and create an Iraqi interim authority. And that authority will begin to allow Iraqis to have sovereignty over their country and in a way that Iraqis will choose; they will create an Iraqi Government.” (Grossman 4/16/2003)

White House envoy to Iraq Zalmay Khalilzad writes in an op-ed piece published in the Wall Street Journal: “The coalition supports the formation, as soon as possible, of the Iraqi Interim Authority—a transitional administration, run by Iraqis, until a government is established by the people of Iraq through elections. The Interim Authority should be broad-based and fully representative.” (Khalilzad 4/17/2003)

The International Atomic Energy Agency (IAEA) warns US officials that the Al Qaqaa military facility must be kept under close supervision. The facility has long been a storage cache for hundreds of tons of extremely powerful explosives such as HMX and RDX since 1991, when, in the aftermath of the Gulf War, the UN locked down the facility. In 1996, the United Nations used some of the Al Qaqaa explosives to destroy a large Iraqi germ warfare facility. The IAEA repeatedly warned the US about the explosives cache before the March invasion; with the current wave of looting and depredations occurring around the country (see April 9, 2003), terrorists or other unfriendlies could, the agency says, help “themselves to the greatest explosives bonanza in history.” In October 2004, the IAEA will come to believe that looting of the explosives began in April 2003 because of “the theft and looting of the governmental installations due to lack of security.” That same month, the US media will learn that at least 380 tons of explosives from the Al Qaqaa cache have gone missing (see October 10, 2004 and October 25, 2004). (Glanz, Broad, and Sanger 10/25/2004)

The US and Britain submit a proposed resolution to the UN Security Council that would declare the two countries to be “occupying powers” in Iraq. Under international law, occupying powers must meet certain legal obligations. The proposed resolution would also give the US and Britain full control of Iraq’s oil revenues. (Younge and Black 5/10/2003) The resolution will be approved in its final form on May 22 (see May 22, 2003).

The UN Security Council unanimously passes Resolution 1483, which lifts sanctions on Iraq, legitimizes the occupation by coalition forces, and gives the occupying powers control over Iraq’s natural resources. The resolution also states that coalition authorities must “comply fully with their obligations under international law including in particular the Geneva Conventions of 1949 and the Hague Regulations of 1907.” The Hague Regulations require that occupying powers respect the laws of the country it occupies. Additionally, the resolution creates the Development Fund for Iraq (DFI), which is to be funded with Iraqi oil revenues, frozen Iraqi assets being held outside the US, and $8.1 billion in funds transferred from the UN-administered Oil-for-Food program. The resolution mandates that Iraq’s DFI funds be “in a transparent manner to meet the humanitarian needs of the Iraqi people… and for other purposes benefiting the people of Iraq.” It requires that management of the funds “be audited by independent public accountants approved by the International Advisory and Monitoring Board of the Development Fund for Iraq.” (UN Security Council 5/22/2003, pp. 4 pdf file; Goldenberg 5/23/2003)

US administrator in Iraq Paul Bremer announces that Iraq’s economy will be revived through “free trade.” “A free economy and a free people go hand in hand,” he says, adding that the occupation powers “would like to see market prices brought into the economy… [and the] privatization of key elements.” State subsidies—which up until now have supplied ordinary Iraqis with affordable food, gasoline, and other essentials—will eventually be eliminated. According to Bremer, “history tells us that substantial and broadly held resources, protected by private property, private rights, are the best protection of political freedom. Building such prosperity in Iraq will be a key measure of our success here.” The Washington Post notes that “Iraqis would most likely not be deciding for themselves what kind of economy will replace the state-planned system that functioned under deposed president Saddam Hussein.” The paper also warns that “dismantling Iraq’s state-managed system holds big risks for the occupation authority at a time when most Iraqis are struggling to get by.” (Agence France-Presse 5/26/2003; Wilson 5/27/2003; Sydney Morning Herald 5/28/2003) Bremer also announces the creation of a trade-credit authority that would extend generous lines of credit to Iraq’s ministries, government-owned factories, and private companies so they can import needed goods and equipment (much of which had disappeared during the initial period of mass looting, see April 9, 2003). (Tyler 5/26/2003; Agence France-Presse 5/26/2003; Wilson 5/27/2003) “It will be a substantial credit facility that first symbolically indicates to the world that Iraq is open for business and also provides a practical incentive to people who want to trade with Iraq,” Bremer says. The agency will be funded by private banks and the Central Bank of Iraq (Agence France-Presse 5/26/2003) , which is being overseen by Peter McPherson, a former deputy Treasury secretary and a Bank of America executive. (Lynch 5/9/2003) Bremer says that American and British companies will be among the first to benefit from these lines of credit. (Tyler 5/26/2003)

According to journalist Seymour Hersh, by the summer of 2003, US-led forces have conquered Iraq but it becomes increasingly obvious that there is a growing insurgency movement. However, the US knows very little about the insurgency. A secret military report from the time states, “Human intelligence is poor or lacking… due to the dearth of competence and expertise.” Defense Secretary Donald Rumsfeld and his close assistant Under-Secretary of Defense for Intelligence Steven Cambone try to solve this problem by authorizing increasingly aggressive interrogation of detainees in Iraq prisons. Maj. Gen. Geoffrey Miller, commander of the Guantanamo (or “Gitmo”) prison in Cuba, comes to Iraq with a plan to “Gitmoize” the prisons in Iraq to make them more geared towards interrogation (see August 31, 2003-September 9, 2003). A former intelligence official will later tell Hersh, “They weren’t getting anything substantive from the detainees in Iraq. No names. Nothing that they could hang their hat on. Cambone says, I’ve got to crack this thing and I’m tired of working through the normal chain of command. I’ve got this apparatus set up—the black special-access program—and I’m going in hot.” The program mentioned is Operation Copper Green, which allows secret task forces to capture and interrogate wanted figures with very little oversight, and which is expanded to Iraq around this time. This official continues, “And it’s working. We’re getting a picture of the insurgency in Iraq and the intelligence is flowing into the white world. We’re getting good stuff. But we’ve got more targets” - meaning Iraqi detainees -“than people who can handle them.” As a result, Cambone decides to include some of the military intelligence officers working in the Iraqi prisons in the special access programs that are a part of Operation Copper Green. “So here are fundamentally good soldiers—military-intelligence guys—being told that no rules apply. And, as far as they’re concerned, this is a covert operation, and its’ to be kept within Defense Department channels.” As a result, more and more people, including the MPs (military police) pictured in the later Abu Ghraib abuse photographs, get involved in these covert programs that have almost no accountability and the stage is set for abuses to occur. The official says, “as soon as you enlarge the secret program beyond the oversight capability of experienced people, you lose control.” By the end of 2003, this official claims that senior CIA officials were complaining. “They said, ‘No way. We signed up for the core program in Afghanistan—pre-approved for operations against high-value terrorist targets—and now you want to use it for cabdrivers, brothers-in-law, and people pulled off the streets.’” The CIA supposedly ends its involvement with the covert programs in Iraqi prisons, although exactly when this happens is not clear. (Hersh 5/24/2004)

Administrator for Iraq Paul Bremer issues Regulation Number 2, which governs how the Coalition Provisional Authority (CPA) will manage the Development Fund for Iraq. The regulation states that the funds will be “managed in a transparent manner for and on behalf of the Iraqi people, consistent with [UN Security Council] Resolution 1483 (see May 22, 2003), and that all disbursements from the Fund are for purposes benefiting the people of Iraq.” It also says that the CPA will “obtain the services of an independent, certified public accounting firm” to audit the fund’s management. (Coalition Provisional Authority 6/10/2003 pdf file)

Map of the US-occupied “Green Zone” inside Baghdad.Map of the US-occupied “Green Zone” inside Baghdad. [Source: Representational Pictures]There is a growing realization within the Department of Defense that the militant resistance in Iraq against the US and British occupation has been underestimated. An internal Pentagon document notes: “Their ability to attack convoys, other vulnerable targets and particular individuals has been the result of painstaking surveillance and reconnaissance. Inside information has been passed on to insurgent cells about convoy/troop movements and daily habits of Iraqis working with coalition from within the Iraqi security services, primarily the Iraqi Police force which is rife with sympathy for the insurgents, Iraqi ministries and from within pro-insurgent individuals working with the CPA’s so-called Green Zone…. Politically, the US has failed to date. Insurgencies can be fixed or ameliorated by dealing with what caused them in the first place. The disaster that is the reconstruction of Iraq has been the key cause of the insurgency. There is no legitimate government, and it behooves the Coalition Provisional Authority to absorb the sad but unvarnished fact that most Iraqis do not see the Governing Council as the legitimate authority. Indeed, they know that the true power is the CPA.” The report emphasizes that intelligence on the people involved in Iraq’s domestic uprising is insufficient. “Human intelligence is poor or lacking… due to the dearth of competence and expertise…. The intelligence effort is not coordinated since either too many groups are involved in gathering intelligence or the final product does not get to the troops in the field in a timely manner.” (Hersh 5/24/2004) The study is a contributing factor in the decision by the civilian leadership of the Pentagon to seek “actionable intelligence” from detainees being held in Iraq’s detention facilities (see August 31, 2003-September 9, 2003). (Hersh 5/24/2004)

Defense Secretary Donald Rumsfeld directs his undersecretary of defense for intelligence, Stephen Cambone, to send Maj. Gen. Geoffrey Miller to Iraq to review the US military prison system in Iraq and make suggestions on how the prisons can be used to obtain “actionable intelligence” from detainees. Cambone passes the order on to his deputy Lt. Gen. William Boykin who meets with Miller to plan the trip. (Higham and Stephens 5/21/2004; Barry, Hirsh, and Isikoff 5/24/2004)

Geoffrey Miller.Geoffrey Miller. [Source: US Army]Major General Geoffrey Miller, who oversees the prison at Guantanamo (see November 4, 2002), flies to Iraq for a 10-day consulting trip (see August 18, 2003). He is part of a team “experienced in strategic interrogation… to review current Iraqi theater ability to rapidly exploit internees for actionable intelligence” and to review the arrangements at the US military prisons in Iraq. (Higham, White, and Davenport 5/9/2004; Hersh 5/17/2004; Shadid and Williams 8/24/2004; Savage 2007, pp. 190) The team consists of 17 interrogation experts from Guantanamo Bay, and includes officials from the CIA and the Defense Intelligence Agency (DIA). (Smith and White 6/12/2004)
Attempt to Increase Flow of 'Actionable Intelligence' - The Pentagon’s decision to dispatch the team on this mission was influenced by the military’s growing concern that the failure of coalition forces to quell resistance against the occupation was linked to a dearth in “actionable intelligence” (see August 2003). (Hersh 5/24/2004) Miller has therefore come to help Brigadier General Barabara Fast improve the results of her interrogation operations. More to the point, he is supposed to introduce her to the techniques being used at Guantanamo. (Hersh 6/21/2004; Worden 7/4/2004) Officials are hoping detainees will provide intelligence on weapons of mass destruction and Saddam Hussein, who is still on the loose. (Smith 5/16/2004)
'Gitmoizing' Abu Ghraib - “[Miller] came up there and told me he was going to ‘Gitmoize’ the detention operation,” Brigadier General Janis L. Karpinski, later recalls. (Higham, White, and Davenport 5/9/2004) Miller will later deny he used the word “Gitmoize.” (Smith and White 5/12/2004) During Miller’s visit, a Joint Interrogation and Debriefing Center (JIDC) is established in order to centralize the intelligence operations at the prison. Captain Carolyn A. Wood is made officer in charge (OIC) of the Interrogation Coordination Element (ICE), within the JIDC. (US Department of Defense 8/23/2004 pdf file) Before returning to Washington, Miller leaves a list of acceptable interrogation techniques—based on what has been used in Guatanamo—posted on a wall in Abu Ghraib, which says that long term isolation, sleep disruption, “environmental manipulation,” and “stress positions” can be used to facilitate interrogations, but only with the approval of Lieutenant General Ricardo Sanchez on a case-by-case basis. (Smith 5/21/2004) The use of dogs is also included, even though the technique was banned at Guantanamo eight months before by Defense Secretary Donald Rumsfeld (see January 15, 2003). (Diehl 7/19/2004; US Department of Defense 8/23/2004 pdf file) Karpinski later recalls, “He said they are like dogs and if you allow them to believe at any point that they are more than a dog then you’ve lost control of them.” (BBC 6/15/2004) Miller’s visit to Iraq heralds some significant changes, which include, first, the introduction of more coercive interrogation tactics; second, the taking control of parts of the Abu Ghraib facility by military intelligence; and third, the use of MPs in the intelligence collection process. During his visit, Miller discusses interrogation techniques with military intelligence chief Colonel Thomas M. Pappas. (Golden and Schmitt 5/13/2004)
'Snowballing' Effect of Chaos, Brutality - “The operation was snowballing,” Samuel Provance, a US military intelligence officer, will later recall, describing the situation at Abu Ghraib after Miller’s visit. “There were more and more interrogations. The chain of command was putting a lot of resources into the facility.” And Karpinski will later say that she was being shut out of the process at about this time. “They continued to move me farther and farther away from it.” (White and Higham 5/20/2004) Major General Anthony Taguba (see March 9, 2004) will later determine that Miller’s visit helped bring about the complete breakdown of discipline at the prison: “Interrogators actively requested,” at Miller’s behest, “that MP guards set physical and mental conditions for favorable interrogations of witnesses.” In essence, Miller tells guards to “soften up” prisoners so they will not be able to resist their inquisitors. Miller will later deny any responsibility for the Abu Ghraib torture program (see May 4, 2004). (Savage 2007, pp. 190)

Rumsfeld visiting Abu Ghraib (his jacket is held over his back in both pictures). Karpinski is in both pictures as well. Rumsfeld visiting Abu Ghraib (his jacket is held over his back in both pictures). Karpinski is in both pictures as well. [Source: Associated Press (top) and CBC (bottom)]Defense Secretary Donald Rumsfeld visits the Abu Ghraib prison in Iraq. He is guided by Brig. Gen. Janis Karpinski. It is not known otherwise who he visits, how long he stays there, or what is discussed. (Shanker 5/14/2004) However, his visit comes exactly at the time (late August-early September 2003) that Rumsfeld expands Operation Copper Green to Iraq, allowing interrogators to use more aggressive techniques, such as sexual humiliation (see (Late August 2003 or September 2003)). Rumsfeld’s visit also comes in the middle of a week-long visit to Abu Ghraib by Maj. Gen. Geoffrey D. Miller, who is there with a team pushing for more aggressive interrogation techniques in order to get more actionable intelligence out of the detainees (see August 31, 2003-September 9, 2003).

Shortly after Major General Geoffrey Miller’s visit (see August 31, 2003-September 9, 2003) to Iraq, three “Tiger Teams,” consisting of six personnel, arrive at the Abu Ghraib prison facility. Each team consists of an interrogator, analyst, and linguist, who work together as a team. The use of Tiger Teams is an approach that has been successfully used at the Guantanamo detention facility. Gen. George R. Fay, in his later report (see August 25, 2004), will say he believes the Tiger Team concept was not appropriate for Abu Ghraib, because the “method was designed to develop strategic level information,” instead of tactical intelligence. (US Department of Defense 8/23/2004 pdf file)

Maj. Michael D. Thompson arrives at Abu Ghraib at the request of Col. Thomas M. Pappas to develop the Joint Interrogation and Debriefing Center (JIDC), formally established during Major General Geoffrey Miller’s 10-day visit (see August 31, 2003-September 9, 2003). By December 2003, the JIDC will have a total of approximately 160 personnel including 45 interrogators and 18 translators. (US Department of Defense 8/23/2004 pdf file)

San Diego Business Address of North Star Consultants, Inc.San Diego Business Address of North Star Consultants, Inc. [Source: NBC News]North Star Consultants, Inc. wins a $1.4 million contract to review the Coalition Provisional Authority’s internal controls for managing Iraq’s funds and provide the CPA with a written evaluation. The small firm is not a certified public accounting firm as is required by both UN Security Council Resolution 1483 (see May 22, 2003) and the CPA’s Regulation Number 2 (see June 10, 2003). (US Congress 2/6/2007 pdf file) The firm is so small that it operates out of a private home near San Diego. (Myers 2/17/2005) A 2004 audit performed by the Special Inspector General for Iraq Reconstruction will find that “North Star Consultants did not perform a review of internal controls as required by the contract. Consequently, internal controls over DFI disbursements were not evaluated. In addition, the Comptroller verbally modified the contract and employed the contractor to primarily perform accounting tasks in the Comptroller’s officer.” (Special Inspector General for Iraq Reconstruction 7/28/2006, pp. 7 pdf file) A single Northstar employee will reportedly use spreadsheets, not accounting software, to track the $20 billion that the CPA will spend on Iraq’s behalf between April 2003 and June 28, 2004. Of that amount, $12 billion is in cash (see June 25, 2004). (Myers 2/17/2005)

Paul Bremer meets with President Bush in Washington for a private meeting. The Coalition Provision Authority’s effort to implement a number of structural changes to Iraq’s economy is failing, and Washington needs to rethink its strategy. Members of the US-backed Iraqi interim government oppose the changes, and corporate attorneys are advising their clients that Bremer’s orders opening up Iraq to foreign investment could be challenged by a future Iraqi government on the basis that the orders violated UN Resolution 1483 (see May 22, 2003). That resolution stated that the US and Britain were bound to the Hague Regulations of 1907, which bars occupying powers from changing the laws of the occupied country (see October 18, 1907). If corporations purchase Iraqi state assets, and a future elected government declares Bremer’s orders illegal, the companies could lose their investments, the lawyers warn. The risk is so great that not a single insurance company is willing to insure its corporate clients for the “political risk” of losing their investment to expropriation. Bremer returns to Iraq from Washington with a Plan B. On June 30, the Coalition Provisional Authority will be dissolved and the sovereignty of Iraq will be turned over to a US-backed transitional government. That government will be bound by an “interim constitution” (see March 8, 2004), which will contain a clause barring the transitional government from modifying any of Bremer’s laws. (Klein 9/24/2004)

Major General Marshal Donald Ryder files a report on the prison system in Iraq, as requested by Lt. Gen. Ricardo S. Sanchez earlier in the fall (see Late January 2004). He concludes that there are potential systemic human rights, training, and manpower issues that need immediate attention at Abu Ghraib. But he also says that he found “no military police units purposely applying inappropriate confinement practices.” (US Department of the Army 3/9/2004) Ryder suggests that the problem may stem from methods used in Afghanistan where MPs have worked with intelligence operatives to “set favorable conditions for subsequent interviews.” He recommends that military police no longer participate in military intelligence supervised interrogations. Guidelines need to be drawn up that “define the role of military police soldiers… clearly separating the actions of the guards from those of the military intelligence personnel,” he says. (Hersh 5/10/2004; Hersh 5/17/2004) An investigation by Gen. Antonio M. Taguba completed next year (see March 9, 2004) will come to the same conclusion. “I concur fully with MG Ryder’s conclusion regarding the effect of AR 190-8. Military Police, though adept at passive collection of intelligence within a facility, should not participate in military intelligence supervised interrogation sessions. Moreover, Military Police should not be involved with setting ‘favorable conditions’ [emphasis by Taguba] for subsequent interviews. These actions… clearly run counter to the smooth operation of a detention facility.” (US Department of the Army 3/9/2004) Ryder does not appear to report on actual instances of prisoner abuse and downplays the gravity of the situation, saying it has not yet reached a crisis point. (Hersh 5/10/2004; Hersh 5/17/2004) Ryder’s report also notes that a great number of people being held in the Iraq prison system appear to be innocent of any crime. It notes that some Iraqis have been held for several months for nothing more than expressing displeasure or ill will towards US troops (see February 2004).

“Brick” of $400,000 in U.S. Currency (4,000 $100 bills)“Brick” of $400,000 in U.S. Currency (4,000 $100 bills) [Source: Federal Reserve Bank of New York] (click image to enlarge)At the request of the Coalition Provisional Authority, the Federal Reserve Bank sends the CPA $1.5 billion in cash. The money is drawn from the Development Fund for Iraq (DFI) and special US Treasury accounts containing revenues from sales of Iraqi oil exports, surplus dollars from the UN-run oil-for-food program, and frozen assets that belonged to the government of Saddam Hussein. (US Congress 2/6/2007 pdf file; Pelofsky 2/7/2007)

Lt. Gen. Ricardo Sanchez orders a high level administrative investigation into the 800th Military Police Brigade apart from the criminal investigation that was announced three days earlier (see January 16, 2004). He appoints Major General Antonio M. Taguba to conduct the inquiry and limits the scope of the investigation to the conduct of the military police brigade. Taguba’s report will be filed on February 26 (see February 26, 2004). (US Department of the Army 3/9/2004; Sydney Morning Herald 5/4/2004; Jehl 5/10/2004) As preparations for investigation are underway, investigators reportedly give the MPs at Abu Ghraib “a week’s notice before inspecting their possessions.” ( [Sources: Several unnamed soldiers) Whether it is an attempt to sabotage the investigation, or a matter of clumsiness on the part of the military leadership or the CID, the result may well be that evidence of abuse is deliberately destroyed. “That shows you how lax they are about discipline. ‘We are going to look for contraband in here, so hint, hint, get rid of the stuff,’ that’s the way things work in the Guard,” MP Ramone Leal will say. (Reuters 5/6/2004)

Antonio M. Taguba.Antonio M. Taguba. [Source: US Army]Maj. Gen. Antonio M. Taguba files a 53-page classified report which finds that between October and December of 2003, members of the 372nd Military Police Company and US intelligence community engaged in numerous incidents of “sadistic, blatant, and wanton criminal abuses” against prisoners at the Abu Ghraib prison in Baghdad. As evidence, he cites “detailed witness statements and the discovery of extremely graphic photographic evidence.” The photographs—which are later leaked to the press (see Mid-April 2004), causing an enormous international public outcry—are not included in the report. (US Department of the Army 3/9/2004; Hersh 5/10/2004; Hersh 5/17/2004) Taguba also takes issue with the November 5 (see November 5, 2003) Ryder report which concluded that the military police units had not intentionally used inappropriate confinement practices. “Contrary to the findings of MG [Maj. Gen.] Ryder’s report, I find that personnel assigned to the 372nd MP Company, 800th MP Brigade were directed to change facility procedures to ‘set the conditions’ for MI interrogations.” Army intelligence officers, CIA agents, and private contractors “actively requested that MP guards set physical and mental conditions for favorable interrogation of witnesses.” (US Department of the Army 3/9/2004; Hersh 5/10/2004) He presents his report to his commander on March 3 (see March 3, 2004).

The US-appointed Iraqi Interim Governing Council signs the Transitional Administrative Law (TAL), providing a timetable for the establishment of a representative government in Iraq. The TAL will serve as the country’s constitution during the transitional period, set to begin on June 30, 2004. On that date, the CPA will be dissolved and power will be transferred to a transitional government (This will actually happen on June 28; see June 28, 2004), which will rule Iraq until an elected government has been established. According to the TAL, the National Assembly will be elected in January 31, 2005 and charged with the task of writing a constitution that will be subjected to popular referendum no later than October 15, 2005. Finally, an elected government must be established no later than December 31, 2005. The TAL also includes provisions that place certain restrictions on the transitional government, such as one stating that all “laws, regulations, orders, and directives issued by the Coalition Provisional Authority” will remain in force during this period. (Iraq Transitional Administrative Law 3/8/2004; CNN 6/28/2004)

Maj. Gen. Antonio M. Taguba submits the final version of his report (see February 26, 2004) on the investigation into prisoner abuse at Abu Ghraib by MPs. He concludes that military intelligence personnel played a part in the abuse of prisoners at Abu Ghraib. But due to the fact that his investigation was limited to the conduct of MPs (see January 19, 2004), he did not investigate military intelligence conduct. Another investigation (see August 25, 2004), however, is launched that will examine military intelligence’s role in the abuses. It will be conducted by Maj. Gen. George R. Fay, the Army’s deputy chief of staff for intelligence. But the scope of this investigation is also limited from the outset, for two reasons. First, as a two-star general, he cannot hold any officer of his own rank or higher accountable. Second, Fay is appointed by Lt. Col. Ricardo S. Sanchez and therfore the scope of investigation is limited to the people under Sanchez’s command. (Hirsh and Barry 6/7/2004) Additionally, Fay may be less inclined to report negatively on military intelligence personnel, since his superior, Lt. Gen. Keith Alexander, head of Army Intelligence, has already stated that the abuse at Abu Ghraib was committed by “a group of undisciplined military police” who were acting on their own, and not upon instructions from military intelligence officers. (Weissman 5/14/2004)

An official with the Coalition Provisional Authority reports that the “CPA did not obtain the services of a certified public accounting firm as it was determined that these services were not those required.” UN Security Council Resolution 1483 (see May 22, 2003) required that the management of Iraq’s funds be “audited by independent public accountants approved by the International Advisory and Monitoring Board of the Development Fund for Iraq.” Similarly, the CPA’s Regulation Number 2 (see June 10, 2003) stated that it had to “obtain the services of an independent, certified public accounting firm.” Instead, the CPA hired North Star Consultants, Inc. (see October 2003), an obscure consulting firm, “to promote the effective administration of DFI Funds in a transparent manner for the benefit of the Iraqi people.” (US Congress 2/6/2007 pdf file)

Maj. Gen. Geoffrey D. Miller plays down the significance of his role in the Abu Ghraib abuse, saying his team recommended in September 2003 “having the guard force passively involved in the ability to interrogate rapidly and effectively.” (Chan 5/9/2004)

In an e-mail, an “On Scene Commander” of the FBI in Baghdad refers to an executive order by President Bush allowing aggressive interrogation techniques to be used at any rate in Iraq by Task Force 6-26, which is the new name for JTF-121. These techniques include sleep deprivation, stress positions, loud music, yelling, stripping, dogs, and hooding. The executive order is still in use even though the use of hooding, stress positions, dogs, and stripping at Guantanamo and in Afghanistan were prohibited on January 15, 2003 (see January 15, 2003). Since the FBI agent has been ordered to report instances of abuse (see May 19, 2004), he notes a dilemma: would the techniques authorized by the executive order constitute abuse or not? He writes: “This instruction begs the question of what constitutes ‘abuse.’ We assume this does not include lawful interrogation techniques authorized by executive order.” A week before, apparently as a result of the unfolding of the Abu Ghraib scandal, some techniques described in the executive order could only be used with special approval from top levels in the hierarchy. Thus, the FBI agent says in his e-mail: “[W]e will still not report the use of these techniques as ‘abuse’ since we will not be in a position to know whether, or not, the authorization for these tactics was received from the aforementioned high-level officials. We will consider as abuse any physical beatings, sexual humiliation or touching, and other conduct clearly constituting abuse. Yet, there may be a problem if OGC [FBI Office of General Counsel] does not clearly define ‘abuse’ and if OGC does not draw a clear line between conduct that is clearly abusive and conduct that, while seemingly harsh, is permissible under applicable Executive Orders and other laws. In other words, we know what’s permissible for FBI agents but are less sure what is permissible for military interrogators.” (FBI 5/14/2004)

When the Taguba report (see March 9, 2004), which together with all its 106 annexes includes 6,000 pages, is delivered by the Pentagon to the Senate Armed Services Committee, some 2,000 pages are missing, withheld by the Defense Department. Pentagon spokesman Larry DiRita calls this an “oversight.” (Associated Press 5/24/2004) Nevertheless, the missing pages contain key documents, internal Army memos and e-mails, sworn statements by soldiers, officers, contractors, and prisoners. It also includes the final section of Taguba’s interview with Col. Thomas M. Pappas. (Hirsh and Barry 6/7/2004) The missing annexes of the Taguba report hold evidence that the abuse was not conducted solely by a few MPs acting on their own, but instead at the instigation and with the involvement of military intelligence personnel.

Ayatollah Sistani warns in a letter to the United Nations that the Security Council’s forthcoming resolution (see June 8, 2004) on the transfer of sovereignty to Iraq must not contain any references to the interim constitution known as the Transitional Administrative Law (see March 8, 2004) because that document “runs counter to the will of the Iraqi people.” Sistani writes: “This law, which has been written by an unelected council under the occupation and its direct influence, restricts the national [body] due to be elected at the beginning of the new year to draft Iraq’s permanent constitution. This runs against law and is rejected by the majority of the Iraqi people.” (Associated Press 6/9/2004)

The United Nations Security Council unanimously passes Resolution 1546, formally transferring control of Iraq’s political and economic affairs to an interim government. While the resolution states that Iraq’s government has “full sovereignty,” the Iraqis will not have authority over the activities of the 160,000-strong US-led multinational force. Rather the resolution only states that the coalition forces have the right to “take all necessary measures to contribute to the maintenance of security and stability in Iraq,” albeit in a “security partnership” with the government. If the Iraqi government objects to a military operation in the country, its only option is to veto the participation of Iraqi personnel. This means, for example, that US and British forces retain the right to detain Iraqis, search homes, and respond to perceived threats employing whatever force they deem necessary, without approval from Iraq’s government. The French and Germans had proposed a provision that would have given the Iraqi government veto power over any military operations it objects to, but the US would not agree to it. The resolution does allow the Iraqi government to order the withdrawal of all international troops, however as observers have noted, given the current security situation, that is an unlikely scenario. (United Nations 6/8/2004; Hoge 6/9/2004) In spite of Kurdish demands, the resolution makes no references to Iraq’s interim constitution (see March 8, 2004), which Ayatollah Sistani has said is “counter to the will of the Iraqi people” (see June 8, 2004). The Kurds wanted the UN to affirm the validity of the interim constitution because it includes a clause that would give the Kurdish minority more leverage in crafting the country’s permanent constitution. Another provision in the constitution asserts that the interim government is bound by the laws passed under the authority of the Coalition Provisional Authority. However many Iraqis oppose the laws that were passed by the CPA because those laws made drastic changes to Iraq’s economic policy, opening it up to unrestricted foreign investment. The absence of any reference to the interim constitution in the resolution undermines the validity of the constitution and Bremer’s laws, according to some experts and officials. (Filkins 6/9/2004) Main points of the resolution include:
bullet A national conference of political, religious, and tribal representatives shall convene in July to choose consultative counsels that will advise the interim government.
bullet Elections will be held for a transitional national assembly no later than January 31, 2005. The assembly will form a transitional government, which will draft a permanent constitution. Iraqis will then have elections for a full-term government no later than December 31, 2005.
bullet The multinational force in Iraq will help the Iraqi government recruit, train, and equip Iraqi security forces.
bullet The Iraqi government has sole authority for the disbursement of oil and gas revenues.
bullet The interim government must refrain “from taking any actions affecting Iraq’s destiny.”
bullet The UN mandate for the multinational force will expire after elections are held under a new constitution; however the council “will terminate this mandate earlier if requested by the government of Iraq.”
The resolution is the product of two weeks of negotiation, undergoing five revisions. The original draft was submitted on May 24. (Associated Press 6/8/2003) On at least one occasion during this process, the Iraqi Governing Council had complained that its views were not being adequately represented in the Security Council. In one statement, the governing council said they wanted to discuss full Iraqi control of “the activities of the Iraqi armed forces and security forces.” The council also objected to any moves to grant foreign soldiers immunity from prosecution under Iraqi law. (Deutsch 5/25/2003) Though the resolution’s final context contains no such provision, Paul Bremer will sign an extension (see June 27, 2004) to Order 17, which granted US personnel and contractors immunity from prosecution by the Iraq government.

Pallets of US Currency Arriving in IraqPallets of US Currency Arriving in Iraq [Source: US Congress. House Committee on Government Reform] (click image to enlarge)At the request of the Coalition Provisional Authority, the Federal Reserve Bank sends the CPA $2.4 billion in cash. This is the largest cash pay-out of US currency in Federal Reserve history. This shipment is quickly followed by another large shipment three days later (see June 25, 2004). The money is drawn from the Development Fund for Iraq (DFI)and special US Treasury accounts containing revenues from sales of Iraqi oil exports, surplus dollars from the UN-run oil-for-food program, and frozen assets that belonged to the government of Saddam Hussein. (US Congress 2/6/2007 pdf file; Pelofsky 2/7/2007)

Cash shipments to Iraq by monthCash shipments to Iraq by month [Source: US Congress. House Committee on Government Reform] (click image to enlarge)The US Federal Reserve sends the Coalition Provisional Authority (CPA) in Baghdad $1.6 billion on giant pallets aboard military C-130 cargo planes. This is the last of a series of several shipments that began in April 2003 (see April 2003). The money was drawn from the Development Fund for Iraq (DFI)and special US Treasury accounts containing revenues from sales of Iraqi oil exports, surplus dollars from the UN-run oil-for-food program, and frozen assets that belonged to the government of Saddam Hussein. Most shipments were under $1 billion, except for this one and two others, one in December, and one just three days before (see December 12, 2003 and June 22, 2004). Together these shipments amount to $12 billion, some 363 tons of palleted cash. This shipment and the other June shipment of $2.4 billion (see June 22, 2004) account for almost half of the total amount shipped to Iraq. There will be no more shipments to the CPA after this date because on June 28, authority to govern Iraq, and hence the authority to manage Iraq’s funds, will be transferred to Iraq’s new Interim Government (see June 28, 2004). (US Congress 2/6/2007 pdf file; Pelofsky 2/7/2007)

One day before the dissolution of the Coalition Provisional Authority, Paul Bremer signs an extension to Order 17, which granted US personnel and contractors immunity from prosecution by the Iraq government. (Coalition Provisional Authority 6/17/2004 pdf file) The extension will make it impossible for future Iraqi governments to recover funds that were wrongly paid to US contractors by the CPA. (Stockman 4/16/2006)

After the handover of official sovereignty of Iraq to an interim Iraqi government, US forces continue to be responsible for operating two prisons in Iraq, including Abu Ghraib. (Buncombe 6/10/2004)

Hours after the Coalition Provisional Authority hands over Iraqi sovereignty to an interim government (see June 28, 2004), the CPA sends requests to the Federal Reserve Bank in New York asking that an additional $1 billion be withdrawn from Iraq’s accounts at the Federal Reserve and be shipped to Iraq. The request is rejected on grounds that the CPA no longer has authority to manage Iraq’s assets. Since April, the Federal Reserve has shipped some $12 billion dollars to the CPA. Five billion of this was sent just within the last six days (see June 22, 2004 and June 25, 2004). A Federal Reserve document states that “effective as of the time AMB Bremer transferred authority (which is being reported in the press as 10:26 am in Baghdad), the CPA no longer had control over Iraq’s assets…. [S]ubsequent to transfer of sovereignty, COL Davis of the CPA sent us $200 million in payment orders to be executed today in New York. We have informed the Colonel that we are not in a position to honor these instructions. Second, also subsequent to the transfer of sovereignty, COL Davis sent us an instruction to transfer $800 million from the DFI main account into the new DFI subaccount, which we understand informally was created by AMB Bremer to hold funds that are ear marked internally within Iraq for payments connected to existing contracts. We have also informed COL Davis that we are not in a position to honor this instruction either (especially since it would require liquidating $1 billion worth of the CBI’s [Central Bank of Iraq] holdings of USG [US Government] securities.” (US Congress 2/6/2007, pp. 9 pdf file)

James Schlesinger.James Schlesinger. [Source: HBO]The four-member Independent Panel to Review Department of Defense Detention Operations completes its final report on its investigations into the prisoner abuses that are known to have taken place in US-run detention centers throughout Iraq and Afghanistan. The investigative panel, which includes James R. Schlesinger, Harold Brown, Tillie K. Fowler, and Gen. Charles A. Horner, finds that a failure of leadership, leading all the way to Defense Secretary Rumsfeld, contributed to the abuse of prisoners. Like the Fay report (see August 25, 2004), to be released the following day, and the February 2004 Taguba report (see March 9, 2004), the Schlesinger report concludes that a lack of oversight and supervision allowed incidents, such as that which occurred at Abu Ghraib, to occur. Unlike preceding investigations, the Schlesinger Panel takes issue with the notion that abuses resulted from the actions of a few bad apples and were not widespread, charging that there is “both institutional and personal responsibility at higher levels.” The panel however does not name names. Notwithstanding their criticisms of the secretary, all four members say that Rumsfeld’s mistakes were comparably less significant than those made by uniformed officers. The panel, appointed by the secretary himself, recommends against removing Rumsfeld from office. (Jehl 8/25/2004) In sum, the panel finds:
bullet Defense Secretary Rumsfeld and his aides failed to anticipate significant militant resistance to the US invasion and did not respond quickly enough to it when its strength became apparent. (Jehl 8/25/2004)
bullet The Department of Defense created confusion when it issued, retracted, and then re-issued its policy on interrogation methods. (Jehl 8/25/2004)
bullet The failure to adequately staff Abu Ghraib contributed to the poor conditions and abuses that took place at the prison. The ratio of military police to prisoners at the facility was 75 to one. (Jehl 8/25/2004)
bullet Responsibility for the abuses that took place at Abu Ghraib go beyond the handful of MPs present in the photographs. “We found a string of failures that go well beyond an isolated cellblock in Iraq,” panelist Tillie K. Fowler explains during a Pentagon press conference. “We found fundamental failures throughout all levels of command, from the soldiers on the ground to the Central Command and to the Pentagon. These failures of leadership helped to set the conditions which allowed for the abusive practice to take place.” (US Department of Defense 8/24/2004; Jehl 8/25/2004)
bullet Rumsfeld’s decision (see December 2, 2002) on December 2, 2002 to authorize 16 pre-approved additional interrogation procedures for use at the Guantanamo facility; his subsequent decision (see January 15, 2003) to rescind that authority, and the final April 16, 2003 decision (see April 16, 2003) providing a final list of approved techniques was “an element contributing to uncertainties in the field as to which techniques were authorized.” The methods on the list eventually “migrated to Afghanistan and Iraq where they were neither limited nor safeguarded.” (Jehl 8/25/2004)
bullet The panel seemingly concludes that the interrogation methods approved for use in Afghanistan and at Guantanamo are lawful, fully agreeing that the Third Geneva Convention does not apply to detainees considered enemy combatants. The panel does not question whether the military was justified in classifying the detainees, or “terrorists,” as such. “The Panel accepts the proposition that these terrorists are not combatants entitled to the protections of Geneva Convention III. Furthermore, the Panel accepts the conclusion the Geneva Convention IV and the provisions of domestic criminal law are not sufficiently robust and adequate to provide for the appropriate detention of captured terrorists.” (US Congress 9/9/2004, pp. 83 pdf file)
bullet The panel says that Gen. Ricardo Sanchez’s decision to classify some prisoners in Iraq as enemy combatants was “understandable,” even though Combined Joint Task Force 7 “understood there was no authorization to suspend application of the Geneva Conventions… .” (US Congress 9/9/2004, pp. 83 pdf file)
bullet Abuses at Abu Ghraib involved both MPs and military intelligence personnel. “We now know these abuses occurred at the hands of both military police and military intelligence personnel,” the report says. “The pictured abuses, unacceptable even in wartime, were not part of authorized interrogations nor were they even directed at intelligence targets. They represent deviant behavior and a failure of military leadership and discipline. However, we do know that some of the egregious abuses at Abu Ghraib which were not photographed did occur during interrogation sessions and that abuses during interrogation sessions occurred elsewhere.… We concur with the Jones/Fay investigation’s (see August 25, 2004) conclusion that military intelligence personnel share responsibility for the abuses at Abu Ghraib with the military police soldiers cited in the Taguba investigation.” (Jehl 8/25/2004)
bullet In Guantanamo, roughly one-third of all abuses were interrogation related. (New York Times 8/25/2004)
bullet Contradicting the conclusions of the Red Cross report (see May 7, 2004), the Schlesinger report demonstrates that abuses were widespread. “Abuses of varying severity occurred at differing locations under differing circumstances and context,” the report’s authors write. “They were widespread and, though inflicted on only a small percentage of those detained… .” (Jehl 8/25/2004)
bullet The abusive practices were not sanctioned by the military’s interrogation policy. “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.” (Jehl 8/25/2004)
bullet The panelists believe the abuses occurring during the night shift in Cell Block 1 of Abu Ghraib “would have been avoided with proper training, leadership and oversight.” (Jehl 8/25/2004) Critics will say the report is a “whitewash,” noting that the panel cannot be considered independent given that it was appointed by Rumsfeld himself. Months before the panel completed its work, panelist Tillie Fowler said Rumsfeld should not be blamed for the abuses. “The secretary is an honest, decent, honorable man, who’d never condone this type of activity,” she said referring to the abuse at Abu Ghraib. “This was not a tone set by the secretary.” (Myers and Schmitt 6/6/2004)

George Fay.George Fay. [Source: US Army]Generals George Fay and Anthony R. Jones release a final report describing the findings of their combined investigation of the abuses committed by US soldiers against detainees being held at Abu Ghraib. The investigation was initially ordered by Lt. Gen. Ricardo S. Sanchez, commander of CJTF-7, who charged Fay with determining whether the 205th Military Intelligence Brigade “requested, encouraged, condoned, or solicited Military Police (MP) personnel to abuse detainees and whether MI [military intelligence] personnel comported with established interrogation procedures and applicable laws and regulations.” Lt. Gen. Anthony R. Jones joined the investigation in June and was instructed to determine if “organizations or personnel higher” than the 205th Military Intelligence Brigade chain of command were involved in the Abu Ghraib abuses. (US Department of the Army 3/9/2004) The report provides detailed descriptions of 44 separate incidents of abuse perpetrated by US soldiers against Abu Ghraib detainees beginning in September 2003. The abuses described include acts of sodomy, beatings, nudity, lengthy isolation, and the use of unmuzzled dogs aimed at making detainees urinate and defecate in fear. “The abuses spanned from direct physical assault, such as delivering head blows rendering detainees unconscious, to sexual posing and forced participation in group masturbation,” the authors say in the report. “At the extremes were the death of a detainee… an alleged rape committed by a US translator and observed by a female soldier, and the alleged sexual assault of an unknown female.” (White 8/26/2005) Parts of the report are classified because, according to Army officials, they include references to secret policy memos. But when these classified sections are leaked to the New York Times by a senior Pentagon official, they do not appear to contain any sensitive material about interrogation methods or details of official memos. Instead, the secret passages demonstrate how interrogation practices from Afghanistan and Guantanamo were introduced to Abu Ghraib and how Sanchez played a major part in that process. (Jehl and Schmitt 8/27/2004) Though the report lays most of the blame on MPs and a small group of military intelligence, civilian, and CIA interrogators, it does recommend disciplinary action for Col. Thomas M. Pappas and Lt. Col. Steven L. Jordan. “The primary causes are misconduct (ranging from inhumane to sadistic) by a small group of morally corrupt soldiers and civilians, a lack of discipline on the part of the leaders and soldiers of the 205 MI BDE [Military Intelligence Brigade] and a failure or lack of leadership by multiple echelons within CJTF-7.” Lt. Gen. Sanchez, the commander of Combined Joined Task Force (CJTF) 7, though mildly criticized, is still praised in the report as having performed “above expectations.” (US Department of the Army 3/9/2004; Graham 8/26/2005) Jones portrays the abuse as being only coincidentally linked to interrogations. “Most, though not all, of the violent or sexual abuses occurred separately from scheduled interrogations and did not focus on persons held for intelligence purposes.” Gen. Fay on the other hand writes that the majority of the victims of abuse were military intelligence holds, and thus held for intelligence purposes. In addition, he concludes that “confusion and misunderstanding between MPs and MI [military intelligence]” also contributed to acts of abuse. Military intelligence personnel ordered MPs to implement the tactic of “sleep adjustment.” “The MPs used their own judgment as to how to keep them awake. Those techniques included taking the detainees out of their cells, stripping them, and giving them cold showers. Cpt. [Carolyn A.] Wood stated she did not know this was going on and thought the detainees were being kept awake by the MPs banging on the cell doors, yelling, and playing loud music.” (US Department of Defense 8/23/2004 pdf file)
Conclusions -
bullet Nearly 50 people were involved in the 44 incidents of abuse listed in the report: 27 military intelligence soldiers, 10 military police officers, four civilian contractors, and a number of other intelligence and medical personnel who failed to report the abuse. (Graham 8/26/2005; White 8/26/2005) Military intelligence soldiers were found to have requested or encouraged 16 of the 44 incidents. (Ricks 8/26/2005; White 8/26/2005)
bullet The incidents of abuse included torture. “Torture sometimes is used to define something in order to get information,” Fay tells reporters. “There were very few instances where in fact you could say that was torture. It’s a harsh word, and in some instances, unfortunately, I think it was appropriate here. There were a few instances when torture was being used.” (White 8/26/2005)
bullet Lt. Gen. Ricardo Sanchez and his staff “contributed indirectly to the questionable activities regarding alleged detainee abuse at Abu Ghraib” and failed “to ensure proper staff oversight of detention and interrogation operations.” (US Department of the Army 3/9/2004; Graham 8/26/2005) For example, Sanchez endorsed the use of stress positions, nudity, and military working dogs (see October 12, 2003), even though they had not been approved by Rumsfeld. (White 8/26/2005) In spite of this, the executive summary of the report asserts that “the CJTF-7 Commander and staff performed above expectations… .” (US Department of the Army 3/9/2004; Graham 8/26/2005)
bullet Senior officers in Iraq failed to provide “clear, consistent guidance” for handling detainees. (US Department of the Army 3/9/2004; White 8/26/2005)
bullet There is no evidence that policy or instructions provided by senior US authorities sanctioned the types of abuses that occurred at Abu Ghraib. (Graham 8/26/2005; White 8/26/2005)
bullet CIA officials in the prison hid “ghost detainees” from human rights groups in violation of international law. (White 8/26/2005)

President Bush signs the ‘Declaration of Principles’ as part of a teleconference with Prime Minister al-Maliki.President Bush signs the ‘Declaration of Principles’ as part of a teleconference with Prime Minister al-Maliki. [Source: White House]The White House issues a “Declaration of Principles for a Long-Term Relationship of Cooperation and Friendship Between the Republic of Iraq and the United States of America.” The “Declaration of Principles” is signed by both President George W. Bush and Prime Minister Nouri al-Maliki. According to the White House press release, the declaration will affirm the “long-term relationship [of] two fully sovereign and independent states with common interests… based on the heroic sacrifices made by the Iraqi people and the American people for the sake of a free, democratic, pluralistic, federal, and unified Iraq.” The principles, as enumerated by the White House, include the following:
bullet Supporting the Republic of Iraq in defending its democratic system against internal and external threats;
bullet Defending of the Iraqi constitution;
bullet “Providing security assurances and commitments to the Republic of Iraq to deter foreign aggression against Iraq that violates its sovereignty and integrity of its territories, waters, or airspace”;
bullet Helping Iraq combat “all terrorist groups, at the forefront of which is al-Qaeda, Saddamists, and all other outlaw groups regardless of affiliation, and destroy[ing] their logistical networks and their sources of finance, and defeat[ing] and uproot[ing] them from Iraq”;
bullet Supporting and training the Iraq Security Force;
bullet Supporting efforts to achieve national reconciliation;
bullet Supporting Iraq’s attempts to “enhance its position in regional and international organizations and institutions so that it may play a positive and constructive role in the region and the world,” as well as assisting it in joining the World Trade Organization and achieving “most favored” trading status with the US;
bullet Helping Iraq achieve peaceful relations with its neighboring countries;
bullet Promoting “cultural, educational, and scientific exchanges between” Iraq and the US;
bullet Helping Iraq in its “transition to a market economy”;
bullet Building Iraq’s economic infrastructure and institutions;
bullet Encouraging foreign investment, “especially American investments, to contribute to the reconstruction and rebuilding of Iraq”;
bullet Helping Iraq recover funds and properties illegally hidden away by the family and associates of former dictator Saddam Hussein, “as well as antiquities and items of cultural heritage, smuggled before and after April 9, 2003” (see April 9, 2003);
bullet Helping Iraq secure “forgiveness of its debts and compensation for the wars waged by the former regime.”
The declaration states that Iraq will request a final extension of the UN-mandated Multi-National Force-Iraq (MNF-I); after that extension expires, Iraq’s UN status will revert to the levels enjoyed before August 1990’s UN Resolution 661 that determined the country was “a threat to international peace and security.” Iraq will, in the eyes of the UN, then enjoy “the full sovereignty of Iraq over its territories, waters, and airspace, and its control over its forces and the administration of its affairs.” The White House wants a formal agreement to this end signed by July 31, 2008. (White House 11/26/2007)

The US and Iraqi governments draft an agreement that will provide for an open-ended US military presence in Iraq. The agreement is marked “secret” and “sensitive”; it will be leaked to The Guardian in April. If ratified, the agreement will supplant the UN mandate currently governing the US presence in Iraq. It will give the US the power to “conduct military operations in Iraq and to detain individuals when necessary for imperative reasons of security” without time limits. The authorization is described as “temporary,” and says that the US “does not desire permanent bases or a permanent military presence in Iraq.” However, there is no time limit or restrictions on occupation by US or other coalition forces. The agreement contains no limits on the numbers of US occupation forces, nor does it constrain their actions or bring them under Iraqi law. The agreement goes far beyond long-term US security agreements with other countries such as South Korea. Opposition to the agreement from Iraqi Sunnis and some Shi’ites is expected to be fierce. A knowledgeable Iraqi Sunni says: “The feeling in Baghdad is that this agreement is going to be rejected in its current form.… The government is more or less happy with it as it is, but parliament is a different matter.” It will also face stiff opposition in Washington, with Congressional Democrats such as Senator Hillary Clinton (D-NY) accusing the Bush administration of attempting to tie the hands of the next president by pushing through such a commitment. The agreement goes so far beyond other such commitments that, according to Senator Edward Kennedy (D-MA), it constitutes a treaty between Iraq and the US, and as such, would need to be ratified by Congress. But the White House has no intention of allowing Congress to ratify or deny the agreement (see April 8, 2008). (Milne 4/8/2008)

William Delahunt.William Delahunt. [Source: US House of Representatives]Democratic House members William Delahunt (D-MA) and Rosa DeLauro (D-CT) announce legislation that will prohibit the use of federal funds to implement any long-term diplomatic and security agreement the Bush administration may enter into with the Iraqi government (see March 7, 2008). The Bush administration has not yet acknowledged that such a pact requires the approval of Congress; Delahunt and DeLauro say that such approval is mandated by the Constitution. The White House disagrees, saying that the entire controversy was triggered by what it calls a sloppy Arabic-to-English translation of the “Declaration of Principles” agreed to by President Bush and Prime Minister Nouri al-Maliki (see November 26, 2007); the declaration serves as the basis for the proposed agreement. The declaration states that the US will provide “security assurances and commitments to the Republic of Iraq to deter foreign aggression against Iraq that violates its sovereignty and integrity of its territories, waters or airspace.” Such an agreement would be a long-term military commitment in Iraq and would, therefore, be a treaty. Treaties must be ratified by a two-thirds vote of the Senate. But a senior administration official says the translation of the “security assurances” phrase “was something we struggled with.” He says the original Arabic phrase was “translated in kind of an interesting way,” and a better translation might have been, “We’ll consult.” Democrats are skeptical of the White House explanation. Senator Jim Webb (D-VA) says that when senators were recently briefed on the planned agreement, they “certainly did not speak to this unfortunate translation from Arabic.” Delahunt, who has co-chaired several hearings on the legality of the agreement, says he hasn’t heard this either, and says, “If it’s sloppy language, it borders on irresponsible to use words like ‘security assurances’ or ‘security commitments’ [when] their customary interpretation would be binding.” Bush officials say that Congress was indeed told about the problematic translation. Delahunt says he believes that the administration, having been “outed, if you will” by Congressional oversight, has decided that it is the “safe course” to argue that the words are not what they appear to be. And Webb’s spokeswoman, Jessica Smith, wonders why the White House did not “retranslate” the troublesome phrase before releasing the declaration. A Bush official says that the final version of the agreement will use the phrasing “consult” rather than “security assurances.” “There aren’t many countries that we give security guarantees to,” he says. (Politico 3/13/2008)

President Bush and Iraqi Prime Minister Nouri al-Maliki recently issued a “Declaration of Principles for a Long-Term Relationship of Cooperation and Friendship” (see November 26, 2007) that would entail a possibly permanent US military presence in Iraq (see March 7, 2008). Although the Constitution requires Congressional approval to commit any US forces to a battle zone, Bush officials have refused to address that concern (see March 13, 2008). In a Senate hearing on April 8, 2008, US Ambassador to Iraq Ryan Crocker says that the Bush administration has no plans to ask Congress for such permission—although the agreement would need to be ratified by the Iraqi Parliament. Crocker is asked by Hillary Clinton (D-NY) if an agreement would be submitted to the Iraqi Parliament, and Crocker replies: “The Iraqi government has indicated it will bring the agreement to the Council of Representatives. At this point, it is not clear, at least to me, whether that will be for a formal vote or whether they will repeat the process they used in November with the Declaration of Principles in which it was simply read to the members of the Parliament.” Clinton asks, “Does the administration plan to submit this agreement to our Congress?” and Crocker responds: “At this point, Senator, we do not anticipate the agreements will have within them any elements would require the advice and consent procedure. We intend to negotiate this as an executive agreement.” Yale law professor Oona Hathaway notes that such an agreement must be approved by Congress “either as a treaty or as a congressional-executive agreement.” (Think Progress (.org) 4/8/2008) Representative William Delahunt (D-MA) releases a letter from 31 Iraqi legislators to coincide with concurrent hearings in the House; the letter asserts that the Iraqi Parliament will not ratify any deal that does not provide a timetable for the withdrawal of US troops (see May 29, 2008).

Thirty-one Iraqi legislators write a letter to House Speaker Nancy Pelosi (D-CA) and the entire US Congress emphasizing that their government has no intention of signing any security agreement with the US that does not include a specific timetable for the withdrawal of US troops. The US government is working to hammer out an agreement between itself and the Iraqi government that would provide for some temporary (see March 7, 2008) or permanent (see June 5, 2008) US presence in Iraq. On June 4, Representative William Delahunt (D-MA) will release the letter. The letter reads in part, “[T]he majority of Iraqi representatives strongly reject any military-security, economic, commercial, agricultural, investment or political agreement with the United States that is not linked to clear mechanisms that obligate the occupying American military forces to fully withdraw from Iraq, in accordance with a declared timetable and without leaving behind any military bases, soldiers or hired fighters.” (US House of Representatives 5/29/2008; Grim 6/4/2008)

The Iraqi government will miss a July 31, 2008 target for an agreement on long-term relations between the US and Iraq (see March 7, 2008), according to an Iraqi government spokesman. The Bush administration wants the agreement—which is far more broad and permanent than previously disclosed—passed for what many believe are political purposes (see June 5, 2008). Iraqi government spokesman Ali al-Dabbagh says the agreement will not be made by the target date: “I don’t think that we can meet this date. There is a difference in viewpoints between Iraq and the US. I don’t think that time is enough to end this gap and to reach a joint understanding.… Therefore, we are not committed to July as a deadline.” Iraq is also considering possible alternatives to the proposed agreement, he says, but gives no details. The agreement has raised strong objections among many Iraqis, who suspect the US of trying to create a permanent occupation of their nation. (Reuters 6/3/2008)

Two Iraqi lawmakers denounce a proposed deal that would provide for a permanent presence of US forces in Iraq (see March 7, 2008 and June 5, 2008). In a hearing of a House foreign affairs subcommittee chaired by William Delahunt (D-MA), two Iraqi legislators, Sheikh Khalaf al-Ulayyan and Professor Nadeem al-Jaberi, both lambast the deal. Al-Ulayyan is a Sunni cleric and al-Jaberi is a Shi’ite parliamentarian. Al-Jaberi says that the biggest problem with the deal is that it threatens Iraq’s sovereignty. “The Iraqi government right now does not have the full reign of its sovereignty, because of the thousands of foreign troops that are on its land,” he says. “And perhaps the Iraqi government does not have as of yet sufficient tools to run its own internal affairs. Therefore, I ask the American government not to embarrass the Iraqi government by putting it in a difficult situation with this agreement.” Since the status of the two nations is so unequal, al-Jabari says, the deal will likely “lead to more instability,” and they hope “any future agreement does not affect or impact Iraqi sovereignty, such as permanent military bases.” Any such security deal must wait until US troops have fully withdrawn from Iraq, he says. Al-Ulayyan says he wants to “salute the American people for their stand against the war, which we saw on TV in the form of demonstrations and protests.” While he warns against a precipitous withdrawal of US forces that might lead to “impotence and flaws in the security,” he notes that “protecting Iraq does not require signing long-term agreements like the one proposed, because [the US has] bases in surrounding countries like Kuwait, Jordan and so forth, and therefore, we don’t see any importance or need for military bases in Iraq.” (Ackerman 6/4/2008)

The British newspaper The Independent reports on a secret deal being negotiated in Baghdad that would indefinitely perpetuate the American occupation of Iraq, no matter who wins the US presidential elections in November. Under the accord, US troops and private contractors will occupy over 50 permanent military bases, conduct military operations without consulting the Iraqi government, arrest Iraqis at will, control Iraqi airspace, and be immune from Iraqi law. The agreement goes much farther than a previous draft agreement created between the two countries in March (see March 7, 2008). It is based on a so-called “Declaration of Principles” issued by both governments in November 2007 (see November 26, 2007). The US says it has no intention of entering into a permanent agreement (see June 5, 2008).
Forcing Agreement Over Iraqi Opposition - President Bush intends to force the so-called “strategic alliance” onto the Iraqi government, without modifications, by the end of July. Inside sources believe that Iraqi Prime Minister Nouri al-Maliki opposes the deal, but feels that his government cannot stay in power without US backing and therefore has no power to resist. Iraqi ministers have said they will reject any agreement that limits Iraqi sovereignty, insiders believe that their resistance is little more than bluster designed to shore up their credentials as defenders of Iraqi independence; they will sign off on the agreement in the end, observers believe. The only person with the authority to block the deal is Shi’ite religious leader Grand Ayatollah Ali al-Sistani. But al-Sistani is said to believe that the Shi’a cannot afford to lose US support if they intend to remain in control of the government. Al-Sistani’s political rival, cleric Moqtada al-Sadr, has exhorted his followers to demonstrate against the agreement as a compromise of Iraqi sovereignty. As for the other two power blocs in the country, the Kurds are likely to accept the agreement, and, interestingly, so are many Sunni political leaders, who want the US in Iraq to dilute the Shi’ites’ control of the government. (Many Sunni citizens oppose any such deal.) While the Iraqi government itself is trying to delay the signing of the accord, Vice President Dick Cheney has been instrumental in pushing for its early acceptance. The US ambassador to Iraq, Ryan Crocker, has spent weeks trying to secure the agreement.
'Explosive Political Effect' - Many Iraqis fear that the deal will have what reporter Patrick Cockburn calls “an explosive political effect in Iraq… [it may] destabilize Iraq’s position in the Middle East and lay the basis for unending conflict in their country.” Cockburn writes that the accords may provoke a political crisis in the US as well. Bush wants the accords pushed through “so he can declare a military victory and claim his 2003 invasion has been vindicated.” The accord would also boost the candidacy of John McCain (R-AZ), who claims the US is on the brink of victory in Iraq. It would fly in the face of pledges made by McCain’s presidential opponent Barack Obama (D-IL), who has promised to withdraw US troops from Iraq if elected. McCain has said that Obama will throw away a US victory if he prematurely withdraws troops. An Iraqi politician says of the potential agreement, “It is a terrible breach of our sovereignty.” He adds that such an agreement will delegitimize the Iraqi government and prove to the world that it is nothing more than a puppet government controlled by the US. While US officials have repeatedly denied that the Bush administration wants permanent bases in Iraq, an Iraqi source retorts, “This is just a tactical subterfuge.”
Exacerbating Tensions with Iran - Iranian leader Ali Akbar Hashemi Rafsanjani says that the agreement will create “a permanent occupation.… The essence of this agreement is to turn the Iraqis into slaves of the Americans.” The deal may also inflame tensions between Iran and the US; currently the two countries are locked in an under-the-radar struggle to win influence in Iraq. (Cockburn 6/5/2008)

The US is pressuring the Iraqi government to accept a military agreement for permanent US bases in Iraq (see March 7, 2008 and June 5, 2008) by using some $50 billion of Iraqi money being kept in the US Federal Reserve Bank as a negotiating tool. About $20 billion in outstanding court judgments exist against Iraq in the US. A presidential order currently gives that money protection from judicial attachment. But, US officials have told Iraqi lawmakers, if they do not sign the accord with the US, President Bush will lift that immunity and the $20 billion will be confiscated by the US court system. (Cockburn 6/6/2008; Xinhua News Agency (Beijing) 6/6/2008) Reporter Patrick Cockburn writes: “The US is able to threaten Iraq with the loss of 40 percent of its foreign exchange reserves because Iraq’s independence is still limited by the legacy of UN sanctions and restrictions imposed on Iraq since Saddam Hussein invaded Kuwait in the 1990s. This means that Iraq is still considered a threat to international security and stability under Chapter Seven of the UN charter. The US negotiators say the price of Iraq escaping Chapter Seven is to sign up to a new ‘strategic alliance’ with the United States.” Cockburn writes that regardless of the financial “blackmail,” Iraqis are resistant to the agreement because they fear it will make their nation a perpetual “client state” of the US. (Cockburn 6/6/2008)

Physicians for Human Rights logo.Physicians for Human Rights logo. [Source: Newsguide (.us)]Retired Army Major General Antonio Taguba, who led the probe into prisoner torture and abuse at Baghdad’s Abu Ghraib prison (see March 9, 2004), accuses the Bush administration of committing “war crimes,” and calls for Bush officials to be held accountable. Taguba’s remarks are part of a wide-ranging report on US torture by the human rights organization Physicians for Human Rights (PHR). The report, released today, finds that US personnel tortured and abused detainees in Iraq, Afghanistan, and Guantanamo Bay, using beatings, electrical shocks, sexual humiliation, sleep deprivation, isolation, being hung from ceilings, and other practices. One prisoner was forced to drink urine. “After years of disclosures by government investigations, media accounts, and reports from human rights organizations, there is no longer any doubt as to whether the current administration has committed war crimes,” Taguba wrote in the report. “The only question that remains to be answered is whether those who ordered the use of torture will be held to account.” PHR calls the report the most complete medical and psychological examination of former detainees to date. The report focuses on statements from, and medical examinations of, 11 detainees held for long periods of time in various US-run prisons and facilities before being released without charges. The report, titled “Broken Laws, Broken Lives,” concurs with an investigation of Guantanamo conducted by investigative reporters for McClatchy News. PHR president Leonard Rubenstein says there was a direct connection between the Pentagon’s authorizations of extreme interrogation methods and the abuses his organization documented. “The result was a horrific stew of pain, degradation, and… suffering,” he says. (Physicians for Human Rights 6/2008; Strobel 6/18/2008)

Retired Major General Anthony Taguba, who headed an intensive military investigation into the abuses at Abu Ghraib prison (see March 9, 2004), is one of the most prominent supporters of the call to investigate the Bush administration’s interrogation, detention, and torture policies. Taguba joins 18 human rights organizations, former State Department officials, former law enforcement officers, and former military leaders in asking President Obama to create a non-partisan commission to investigate those abuses. Even though prosecuting former Bush officials might be difficult, Taguba says, a commission would provide some measure of accountability for the practices Taguba calls “misguided,” “illegal,” “despicable and questionable.” Taguba wants the commission to study the Bush administration’s claims that torture provides good intelligence, which he disputes. He particularly wants the commission to investigate administration officials’ claims that the administration’s policies were legal. Taguba says he supports “a structured commission with some form of authority with clear objectives and a follow-on action plan. I’m not looking for anything that is prosecutorial in nature, unless a suspected violation of relevant laws occurred, which should be referred to the Department of Justice.… In my opinion, our military prosecuted those who were involved in torture or unlawful interrogation. And I think our military has come to terms with that. We are an institution that prides itself on taking corrective action immediately, admitting to it, and holding ourselves accountable. And we have done that. But I am not so sure that our civilian authorities in government have done that for themselves.” Speaking about the Bush Justice Department’s findings that torture and indefinite detentions are legal (see Late September 2001, November 11-13, 2001, December 28, 2001, January 9, 2002, August 1, 2002, and August 1, 2002), Taguba says: “This notion that a lot of constitutional legal experts—lawyers with great intellect, well educated—came up with such despicable and questionable legal findings that were contrary to the definition of defending the Constitution? And then they framed this as if the executive branch had the authority to extend beyond the constitution to establish a policy of torture and illegal detention?… Some of those that were tortured were innocent. How do we come to terms with those that were cruelly mistreated and were innocent, never charged, were illegally detained, and never compensated for their suffering? This is not a political issue, but a moral and ethical dilemma which has far-reaching implications.” (Benjamin 2/21/2009)


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