Torture is wrong.
Violating the Geneva Conventions is unacceptable. Follow the
evidence. Punish the guilty.
This remains the mantra of critics who decry military detention
and interrogation policies. What they never tell you is that the
generals in the Pentagon, as well as officials in the White House
and the departments of Defense and Justice, share their
sentiments.
Otherwise, the soldiers alleged to have abused prisoners at Abu
Ghraib wouldn't be standing courts-martial. But rather than let the
rule of law, well, rule, some critics act as though they would
prefer to hang the whole chain of command.
Unfortunately for them, the case against the higher-ups right now
is based on dumping everything in a blender, hitting whip, and
adding a dose of conspiracy theory.
Case in point: the memo penned in 2002 by Assistant Attorney
General Jay Bybee defining the limits of torture. The memo,
according to Seymour Hersh, the journalist who broke the Abu Ghraib
story, is the "most suggestive document ... of what was really
going on inside military prison and detention centers." Sounds
ominous, but it wouldn't stand up for two seconds under
cross-examination: The memo didn't apply to the detainees in Abu
Ghraib. It's unlikely any field commander knew it existed.
Those concerned about seeing the guilty punished should wait until
the plethora of Defense Department and congressional inquiries
actually produces some conclusive evidence that the actions of
senior leaders intentionally led to wrongdoing in Iraq.
That's not to say there aren't leaders who might be culpable for
the problems in the prison.
In my 25 years in the military, each time I saw a case of
systematic disciplinary problems and wrongdoing, it was because
there were leaders who had failed to lead. If the evidence finds
there were leaders at fault, they should be the next ones standing
before the tribunal.
Nothing is more chilling than the claim, "I was just following
orders." That's unacceptable. But let's allow the investigations to
play out, wherever they lead.
James Jay Carafano is a 25-year veteran of the U.S. Army and a
senior research fellow in defense and homeland security at The
Heritage Foundation.
First Appeared on USAToday.com