Antiwar.com Blog

The Wall Street Journal has just uploaded the 2003 torture memo.

Beware, it’s a PDF file.

April 2003 Defense Department memo

Link via Phil Carter.

UPDATE: The WSJ posting of the DoD memo has of course been censored. A poster at Billmon’s Whiskey bar has counted up the missing pages. This post is in the comments of this thread, by poster Jackmormon at June 9, 2004 11:43 AM

Censored Torture [M]emo

Missing pages 1-3, and of course, most importantly, the table of contents.

Page 4 of document, blacking-out of footnotes 2 and 3, explaining points made in-text about how the Geneva and Hague conventions do not apply to Al Qaida and Taliban combatants.

Page 25 of document, blank space in middle of argument about the defense strategy of pleading necessity. The context of the missing paragraph are exceptions and limitations to and special qualities of the necessity defense. The argument skips over the blank spot from weighing the relative harm of the threat and the defense to the exemption to the necessity defense represented by specific Congressional “determination of values.”

Missing pages 29-30. Bottom of page 28 is wrapping up some arguments about the self-defense defense. The last paragraph of page 28 is addressing the idea of proportional response. The top of page 31 has a few stray paragraphs before a new section about the declaration of war (or rather “authorization of force against”) Al Qaida, and introduces the idea that the nation’s right to self-defense could be used as a defending argument for an individual agent of the government accused of “harming an enemy combatant during an interrogation.” The missing pages presumably follow the steps of this argument, perhaps with information about executive directives.

Missing page 34. Bottom of 33 has the argument still in the section of defense arguments dealing with the “superior orders” defense. The last paragraph before the break closes with: “In sum, the defense of superior orders will generally be available for U.S. Armed Forces personnel engaged in exceptional interrogations except where the conduct goes so far as to be patently unlawful.” Top of 35 has a cryptic partial paragraph before a major section break, concluding with: “It thus appears that the TVPA does not apply to the conduct of U.S. agents acting under the color of law.” TVPA is probably the Torture Victims Protection Act, rather than the Trafficking Victims Protection Act. Here the missing page would seem to address questions of financial reimbursement for torture victims.

Missing page 41. Bottom of 40 starts with the applicability of constitutional law as regards the fifth, eighth, and fourteenth amendments to GTMO prisoners, suggesting that “even if a Court were mistakenly to find that unlawful combatants at GTMO did have constitutional rights, it is unlikely that due process would impose any standards beyond those required by the eighth amendment.” The top of 42 starts a new paragraph with: “On the other hand, some conduct is so egregious that there is no justification.”

Page 46 of document, blank space in section dealing with questions of jurisdiction, and the specific applicability of military law to crimes committed in a combat situation. Last paragraph before censorship began to address problem of “war crimes.”

Missing page 48. Bottom of 47 starts with the Military Code’s definitions of assault, and the top of 49 starts with “statutes and treaties that have become the law of the land may create duties for the purposes of this article” and continues to discuss the Military Code’s definitions of maiming.

Page 53 of document is almost entirely blank, with only the section heading “Legal doctrines could render specific doctrine, otherwise criminal, not unlawful. See discussion of Commander-in-Chief Authority, supra.” The section referred to is the one that made the headlines, the one with the passage that reads “In light of the President’s complete authority over the conduct of war, without a clear statement otherwise, criminal statutes are not to be read as infringing on the President’s ultimate authority in these areas.” It sounds like this elided paragraph referred to Presidential directives either issued or recommended

And of course the memo breaks off entirely at the beginning of the section on “Presidential and Secretary of Defense Directives.”

So many incidents have happened in Iraq in the past day that I thought I’d do a summary.

Fallujah rebels killed 12 and wounded 10 Fallujah Brigade soliers in a mortar attack today. The Fallujah Brigade is encamped outside Fallujah, which is ruled by the rebels. Middle East Online is reporting US tanks massing east of Fallujah, but their purpose is unclear. Apparently some Fallujah Iraqis are saying that they’ve asked for “safe passage” through Fallujah.

Saboteurs struck two oil pipelines and a US convoy was attacked in Baghdad:

Elsewhere, Iraqi fighters ambushed a US military convoy in Baghdad and blew up another fuel line. The ambush took place on a road in the northwestern Baghdad neighborhood of Al-Khadra.

Meanwhile, saboteurs ruptured overnight an oil pipeline linking Iraq’s largest fuel refinery at Baiji, 200 kilometres north of Baghdad, to a power station, the electricity ministry said, according to AFP.

The attack shut down the400 -megawatt power station in Baiji and caused a huge blackout in the town, the ministry said in a statement.

In a related development, a portion of the Kirkuk-Turkey oil pipeline was blown up, an Iraqi security chief in northern Iraq told AFP. The pipeline was still on fire Wednesday afternoon, said the fire chief for the Northern Oil Company, Jumaa Ahmad.

Six Polish soldiers were killed when they were attacked with mortars while defusing munitions.

An explosion that killed six soldiers serving with Polish-led forces in Iraq on Tuesday was probably caused by a mortar attack, Polish Deputy Defence Minister Janusz Zemke said on Wednesday.

“Everything leads us to believe that it was a mortar attack,” Zemke told Poland’s Trojka radio.

“Probably three mortar shells exploded near the place where the soldiers were,” he said. “And that’s what caused the explosion.”

Meanwhile, Ayatollah Sistani’s faction of Shi`ites won big in the Iraqi Power Game when their demands for the wording of the UN resolution passed yesterday were satisfied while the Kurdish demands were denied. The Kurdish leaders are furious and have threatened to pull out of the Game entirely.

According to The Angry Arab, Al-Hayat is reporting that some former Iraqi Governing Council members are leaving Iraq, running for their lives, while Chalabi tries to strike a last-ditch pose as a Shi`ite: “He sounded like Muqtada As-Sadr today trying to engage in one-upmanship with other Shi`ite leaders, berating the Americans for their violent campaigns in the holy cities, and recounting how he wanted to stay in Najaf to suffer the plight of his Shi`ite brothers.” I wonder how long Chalabi will survive, stripped of his neocon patrons, before he either flees Iraq or ends up a martyr. Is there such a thing as a neocon martyr? He did say he would “fall on his sword” for the Bushies.

Vinnell employee shot in Riyadh

Gunmen shot 44-year-old Robert Jacob 9 times in the head outside his home in Riyadh’s eastern Al-Khaleej district. Saudi police will undoubtedly add the shooter to their list of “wanted militants” in their “intense” manhunt that has so far had zero success.

Vinnell is the company that trains the Saudi National Guard, which is basically a private army primarily created to protect the Saudi royal family from people who want to kill them. Vinnell’s employees have been targeted several times in KSA, most recently in the May 12, 2003 attack targeting the residential quarters of Vinnell employees in Saudi Arabia, killing at least 30 people.

Chris Albritton has written a compelling account of his first three weeks back in Iraq, and the disturbing differences in the atmosphere of the place and the attitudes of the Iraqis he has encountered. Also striking is his experience with some American soldiers who ended up screaming at him as they pointed their weapons at him.

After describing the chaos of the day the CPA orchestrated the announcement of the New Puppets, Chris says:

No one knew who was in charge. The Iraqis, inexperienced at managing the logistics of the day, were overwhelmed. The CPA people just wanted to get the hell out of there. There were attacks throughout the day. The Iraqi Civil Defense Corps troops were merely window dressing, with the real security provided by beefy South Africans private contractors. U.S. troops hung around getting in everyone’s way.

It was an almost perfect metaphor for the New Iraq.

I write this not as a plea for pity or understanding. I don’t understand this country myself, so that may be impossible. And I know I have written things that will anger people: I am ashamed of many of the emotions I feel these days. But I care about the truth as best as I can see and tell it. I once believed that telling the truth — or a small part of it — could help the world. It could help people understand things better and thus make the world better. But this war defies comprehension. It’s so stupid and there seems to be no point to anything that happens here. People die on a daily basis in random, terrifying attacks. And for what? Freedom? Stability? Peace? There is none of that here and it’s likely there won’t be after the Americans leave. Iraq has spiraled into a dark place, much worse than where it was a year ago during the war. There is no freedom from the fear that is stoked by mutual hatred, cynicism and an apprehension about the future. So what if one side has superior firepower? Every bullet fired helps kill souls on both sides of this war, whether it hits flesh or lands harmlessly.

We — Iraqis and the Americans here — are caged by fear, and we are all conquered people now.

Earlier in his post, Chris concludes that the Americans should just pull out, but he also says that the Iraqis aren’t “ready to run their own country.” I disagree because I think Chris is just buying the general American line that a new “government” must rule Iraq and that such an institution can be created and imposed. The Americans really need to believe that they can both fix and improve what they’ve destroyed, but that is impossible. Clearly, the neocons who planned to “decapitate Saddam’s regime” and replace it with a shiny new western-style democracy would have been wise to heed the words of Hayek:

The recognition of the insuperable limits to his knowledge ought indeed to teach the student of society a lesson in humility which should guard him against becoming an accomplice in men’s fatal striving to control society – a striving which makes him not only a tyrant over his fellows, but which may well make him the destroyer of a civilization which no brain has designed but which has grown from the free efforts of millions of individuals.

The sooner the Americans get out of their way, the sooner the Iraqi people can organize their own Iraqi solution to the predicament in which the Americans have placed them.

This is a current poll being done by Army Times asking:

“Do you think violence against U.S. forces will diminish after June 30, when Iraqis are scheduled to take control of their government again?”

I am making an assumption (yes, I know, usually a bad thing to do) that most of the readers of Army Times are connected with the military, more specifically with the United States Army, and therefore are the most likely respondants to the poll up to this point. The poll started last Tuesday and should be ending today.

Here is what they think will happen: poll results