Protest over human rights policies of the Bush administration.

1. SPEAKING OUT
A Cry for Justice
BY LARRY W. ROEDER JR.
T
he story of Abu Ghraib had in the government. The trouble is
Our failure to
just hit the news, complete that what happened at Abu Ghraib is
with its crisp, ugly pho- not unique. Many administrations
maintain a system
tographs, evidence of a system gone have held positions that went over the
of full civil rights
wrong. A lawyer who works in the line. But the events of today offer
field of human rights and who knew I bold proof that the system itself has
for prisoners and
had been in the military asked me if broken. For example, evidence has
detainees only
such behavior was illegal in the Army. now come to light that many alleged
Somewhat stunned by the question, I terrorists have died while in U.S. mil-
encourages
said of course it was. I went on to itary custody. In one particularly
terrorism and
raise the conditions of the prisoners notorious case, U.S. interrogators may
being held at Guantanamo Bay, and have strangled an Iraqi general during
weakens our
argued that they needed lawyers and questioning. If true, that was murder,
alliances.
access to the Red Cross and other no matter how valuable the prisoner.
human rights observers in order to As a result, we need a change in atti-
avoid similar mistreatment, as well as tude; our failure to maintain a system
to protect our reputation. My col- of full civil rights for prisoners and
league replied that those prisoners detainees only encourages terrorism
have no rights, since “they are (though evil never needs encourage-
pirates.” only be one comment on this policy. ment) and weakens our alliances.
If an attorney that works on Hooey! For a beacon such as our Let me be clear: I am not calling
human rights issues doesn’t know nation to appear to be an advocate for a debate on the appropriateness of
the proper answers to those basic for torture is to seriously undermine the war on terrorism, which I support,
questions, then small wonder West our credibility as an advocate for or the Iraq conflict itself — both
Virginia reservists were confused human rights. It also weakens our important topics upon which good,
when aberrant intelligence officers ability to convince rogue nations to fair-minded people can disagree. Nor
claimed that the rules of war join the civilized world. should this be an election-year fight.
changed after 9/11 and therefore Such ignorance of what is appro- Rather, speaking as a professional civil
their “high-value” prisoners had no priate — that America can’t be above servant, I am advocating the impor-
rights. Of course, unknown to both the law or even appear to trying — tance of managing our involvement in
of us was a memo from Justice which demonstrates the need for a long- such wars in the proper way, and urg-
contends that the president isn’t overdue national discussion on the ing a recognition that even noble ends
bound by laws prohibiting torture importance of civil rights in the war do not justify unethical means — cer-
and that government agents who on terror. Many Americans are prob- tainly not those alleged to have been
might torture prisoners at his direc- ably also confused. This dialogue proposed in the Justice Department
tion can’t be prosecuted for doing so. could perhaps be conducted via a memo.
The memo reportedly even says that televised discussion by a panel of legal
Universal Principles
the president, as commander-in- experts who would take questions
chief, can approve torture as a from ordinary citizens in the audi- After 9/11, we were told the world
method of interrogation. Clearly my ence. had changed, that al-Qaida was a new,
colleague was therefore justified in This is not an attack on the current unprecedented threat. But that claim
asking the question; but there can administration. It is an honor to serve overlooks the long history of terrorist
17
SEPTEMBER 2004/FOREIGN SERVICE JOURNAL

2. SPEAKING OUT
activities before 2001. What about
the takeover of the U.S. embassy in
Tehran in 1979, the slaughter of
Israeli athletes at the 1972 Munich
Olympics, or the activities of the
Bader Meinhof, Red Army and
Shining Path, to name just a few
groups? The response to such savage
people and events was, and must
remain, to bolster our democratic,
constitutional principles during war,
not to take away rights. Each time
our citizens lose rights in the struggle
against terrorism or in any conflict,
the terrorists win. But when we stand
on the side of justice, even when
attacked, we make a mockery of the
evil that is al-Qaida and Saddam
Hussein.
One Pentagon adviser recently
called the Geneva Conventions
“quaint,” and went on to challenge
the whole concept of observing basic
human rights in wartime. It is hard to
imagine an attitude more short-sight-
ed and destructive to our nation’s
image than dismissing the Universal
Declaration of Human Rights and
the International Covenant on Civil
and Political Rights as irrelevant.
Both treaties provide that no one
shall be subjected to torture or cruel,
inhuman or degrading treatment or
punishment — period, no exceptions.
You don’t have to be a lawyer to
understand that. It has been said that
the Defense Department tried
another tack to defuse criticism by
refusing to use the word “torture,”
saying that term doesn’t apply to what
went on in Abu Ghraib. Yet the
Convention against Torture says:
“‘Torture’ means any act by which
severe pain or suffering, whether
physical or mental, is intentionally
inflicted on a person for such purpos-
es as obtaining from him or a third
person information or a confession,
punishing him for an act he or a third
person has committed or is suspected
of having committed, or intimidating
18 FOREIGN SERVICE JOURNAL/SEPTEMBER 2004

3. SPEAKING OUT
In times of war, even
democratic governments
often pass laws they
become ashamed of once
the crisis has passed.
or coercing him or a third person, or
for any reason based on discrimina-
tion of any kind, when such pain or
suffering is inflicted by or at the insti-
gation of or with the consent or acqui-
escence of a public official or other
person acting in an official capacity.”
These acts are equally illegal in Iraq,
Cuba or back in the U.S., whether in
war or in peace.
Every religious system and code of
morality teaches that such conduct is
immoral — i.e., kidnapping unproven
suspects and taking them across the
border for “rough treatment” — and
experience shows that it is also inef-
fective or at least counterproductive.
Yet now we are told that because of a
few madmen, we must abandon the
presumption of innocence when deal-
ing with possible terrorists. Some
may object that if a prisoner knows
something crucial that might save the
lives of many innocent people, then it
is worth violating his rights to obtain
that information by any means neces-
sary, including torture —- the so-
called “ticking bomb” justification.
Under the same reasoning, hundreds
of “enemy combatants” have been
sent to brigs in Cuba, Afghanistan and
Iraq, and even right here in the
United States, for years at a time
without any trial to determine guilt.
We are also told that prisoners may be
held for years without trial — with no
opportunity to defend themselves.
19
SEPTEMBER 2004/FOREIGN SERVICE JOURNAL

4. SPEAKING OUT
This violates the very meaning of the doubt — but tanks and cannon are our words and our deeds only weak-
American Revolution. not police tools. Rather than put out ens our ability to speak out on behalf
Yes, some, perhaps many, of these the word “dead or alive,” we should of victims of oppression and police-
detainees may be “pirates,” as my col- have tried to bring them in alive, to be state brutality around the world —
league believes. But they are still put on trial in The Hague for crimes even here at home. A moral approach
human beings with rights we must against humanity, so the world and to justice isn’t always easy; but uneth-
respect. Toward that end, while we Iraq would know the meaning of ical shortcuts, though they may have
must protect secrets, trials should be American and international justice — quick positive returns, will in the end
public, wherever possible. The vic- a justice superior to the savagery of destroy us.
tims of tyranny in Iraq, Afghanistan Saddam’s Iraq. The Supreme Court has, I am
and elsewhere deserve this, to say Every year, as we have done for relieved to note, now ruled that the
nothing of the citizens of this country, decades now, the State Department prisoners at Guantanamo Bay and
who must be convinced that publishes a comprehensive set of other “enemy combatants” are enti-
American justice is open, fair and country human rights reports evaluat- tled to at least some of the basic due-
swift. For when our justice is secret, ing how every government around the process rights required by the U.S.
we are set up for abuses by the few world treats, or mistreats, its citizens. Constitution. That set of decisions is
and can’t deflect lies. But when American officials engage not popular in many quarters, but it
in some of the very practices we right- marks a welcome return to our coun-
The Meaning of Justice ly denounce elsewhere, as happened try’s most fundamental values.
This is also why the way Saddam in Iraq and may have happened in Our Founding Fathers launched a
Hussein’s sons were killed was repug- Afghanistan and Cuba, those reports revolution that inspired the world,
nant. The two were savages — no lose credibility. And that gap between proclaiming that all humans are creat-
20 FOREIGN SERVICE JOURNAL/SEPTEMBER 2004

5. SPEAKING OUT
ed equal, and are endowed with rights States almost went to war with France
that no government can take away as xenophobia swept our country,
Any gap between our
from them, no matter where they live leading to passage of the Enemy Alien
or what they believe. We have not Act and Alien and Sedition Acts per-
words and our deeds
fully lived up to that idea, but it has mitting the president to arrest,
guided our nation for more than two imprison and deport “dangerous”
only weakens our ability
centuries. My own great-grandfather, immigrants on mere suspicion of
Ernest Winter, like the ancestors of “treasonable or secret machinations
to speak out on behalf of
many Journal readers, fought tyranny against the government.” If such a
in his homeland at great risk to him- deportee returned, he could be
victims of oppression
self before coming to this country. He imprisoned for as long as the presi-
was a national labor politician who dent thought “the public safety may
and police-state
escaped the Kaiser’s secret police by require.” Sounds like how we treat so-
crossing the German border in a hay called “enemy combatants,” doesn’t
brutality around
wagon under the threat of death. He it? And in an unsettling parallel with
was smuggled to England and then today’s Patriot Act, the Sedition Act
the world.
traveled to America, where he spent made it unlawful to write, print, pub-
the rest of his life working for the lish or speak “false, scandalous and
downtrodden, alongside Samuel malicious” words about Congress or
Gompers and other activists. the executive branch — in direct vio-
In times of war, even democratic become ashamed of once the crisis lation of the First Amendment guar-
governments often pass laws they has passed. In 1798, the United antee of freedom of expression.
21
SEPTEMBER 2004/FOREIGN SERVICE JOURNAL

6. SPEAKING OUT
Though the Alien and Sedition setting an example for all to follow.
Acts (but not the Enemy Alien Act, it Give the prisoners lawyers. Give
The Supreme Court
is worth noting) were ultimately them rights and a speedy, open, fair
repealed, their spirit has resurfaced trial. No more deaths or torture dur-
ruling that the
more than once during wartime. ing interrogation. Such behavior de-
Abraham Lincoln suspended the right means us and sets American soldiers
prisoners at
of habeas corpus during the Civil War, and civilians up for torture in the
and thousands of Japanese-Americans future.
Guantanamo Bay
were interned for years during World As the Hindu poet Manu wrote in
War II despite a complete lack of any 1200 BC: “Justice, being destroyed,
and elsewhere do have
evidence that they were disloyal or will destroy; being preserved, will pre-
had harmed the United States in any serve; it must never, therefore, be vio-
at least some rights
way. Rights were abrogated in World lated. Beware, O Judge! Lest justice,
War I as well, and internment camps being overturned, overturn both us
is not popular in many
from that conflict were used again in and thyself.” s
World War II. But those decisions
quarters, but it was
were soon correctly seen as aberra- Larry Roeder, a Civil Service employ-
tions, not as precedents. ee of the State Department, is the pol-
the right call.
We must return to our American icy adviser on disaster management in
revolutionary roots, resisting the the Bureau of International Organi-
temptation to weaken our system of zations. The views expressed herein
rights when under stress, and instead are his only.
2000 N. 14th Street s Suite 500
Arlington, VA 22201
Telephone (703) 797-3259
Fax (703) 524-7559
Tollfree (800) 424-9500
22 FOREIGN SERVICE JOURNAL/SEPTEMBER 2004