View previous stories
	UN Report notes grave Rights Abuses in Iraq while voicing hope for Change by UN Assistance Mission for Iraq (UNAMI) Iraq   18 July 2006   A new United Nations report on the human rights situation in Iraq paints a grave picture of abuses in the war-ravaged country while pointing to the possibility for positive change with the establishment of a Government there.   In its bimonthly human rights report for May – June 2006, the UN Assistance Mission for Iraq (UNAMI) expressed the hope that there are “unique opportunities with a new Government of national unity announced on 22 May and its firm commitment to address forcefully urgent human rights concerns so as to establish the rule of law in the country.”   At the same time, the report notes a grave situation of human rights in Iraq that the new Government must address.   While welcoming recent positive steps by the Government to promote national reconciliation, the report raises alarm at the growing number of casualties among the civilian population killed or wounded during indiscriminate or targeted attacks by terrorists and insurgents, as well as militias and criminal groups.   Kidnapping of individuals and groups, for ransom or political purposes also continued to surge, according to the report, which commends the release of over 3,000 detainees but expressed concern at new evidence of torture in detention centres administered by the Ministry of Interior.   The report also reiterated the UN’s call for “the immediate release of the report on Al-Jadiryia, a detention centre run by the Ministry of Interior uncovered on 14 November 2005, and for criminal prosecution of those held responsible.”   The document recognizes that the security forces are working under extremely difficult conditions but points out that, on occasions, the response of the security forces itself has been a source of human rights violations and further violence.   Sectarian violence continues to fuel displacement at an alarming pace, UNAMI warns. Mosques and religious leaders have been victims of attacks while teachers, professors and students continue to be severely affected by the violence. The killing and wounding of significant numbers of health workers and professionals is crippling health services at a time when there is an increasing need for health care services as a result of ongoing violence. Women continued to face restrictions in their freedoms while children, minorities, Palestinian refugees and other groups continued to suffer. The document also describes reports received by the United Nations regarding military operations carried out by the MNF-I which resulted in the loss of civilian life and property.   The report noted a markedly better situation in the Region of Kurdistan. “UNAMI is encouraged that while current challenges remain significant, progress is also manifested in the advancement of legislation in favour of women’s rights, the protection and promotion of children’s rights and in some areas of economic, social and cultural rights. Concerns remain regarding freedom of expression, detainee rights and discrimination.”   The UN, together with other donors, continue to assist the Government of Iraq to establish a strong national human rights protection system which can address both current and past human rights violations. To this end, the report outlines activities conducted to advance the establishment of the rule of law and progress made toward the establishment of a National Commission for Human Rights in the country.
	The Rule of Law by Michael Posner Boston Globe / UN News USA   July 18, 2006 (Boston Globe)   After the terrorist attacks of Sept. 11, 2001, senior officials in the Bush administration crafted a strategy for combating the grave threat posed by Al Qaeda. At the heart of the resulting doctrine was the notion that the United States is fighting "a global war against terror" that must be fought outside the constraints of existing law.   Under these circumstances, the administration argued, adherence to the Geneva Conventions and other applicable laws is a luxury, not a necessity. Therefore, detainees in Iraq, Afghanistan, or at Guantanamo Bay have been detained and interrogated in what some have called "law-free zones."   Late last month, the US Supreme Court rejected the concept of "law-free zones," and demanded a clear legal framework for those in US custody.   In Hamdan v. Rumsfeld , the court struck down military commissions at Guantanamo. More broadly, it held that Common Article 3 of the Geneva Conventions, requiring humane treatment and other basic rights, applies to those in US custody.   On July 7, Gordon England, deputy secretary of defense, ordered a prompt review of rules and practices to ensure that the Department of Defense policies and practices are in compliance with Common Article 3. Senior officers have three weeks to conduct their review.   The decision to conduct such a review suggests willingness by some senior administration officials to reexamine existing policies and practices and bring them into conformity with the Supreme Court"s decision. Yet there is a deep and troubling division within the administration. A number of senior officials, including acting assistant attorney general Steve Bradbury, continue to resist any change in the administration"s approach.   In the weeks ahead, Congress and the administration will begin to decide how to address detention and interrogation policies going forward. As they do so, here are some essential elements that will allow us to test their resolve.   First, England"s memo applies only to the military, not to US intelligence agencies. The CIA and other intelligence agencies continue to operate secret detention facilities in Iraq, Afghanistan, and other parts of the world. Detainees in these facilities have no access to the International Committee of the Red Cross, and there is no acknowledg ment, even to their families, of their location, status, or condition of health. A clear indication of US compliance would be for it to provide access to the International Committee of the Red Cross to visit anyone in US custody.   Second, we should watch to see if the administration will comply with another of Common Article 3"s requirements -- that of humane treatment of all detainees. Bradbury and others in the administration continue to resist full compliance with this requirement, which was reinforced last year by the McCain Amendment, a federal statute that bars all forms of cruel, inhuman, or degrading treatment.   It is important that the administration finally has revoked the Feb. 7, 2002, memo, which accepted the Justice Department"s assertion that "Common Article 3 of Geneva does not apply to either Al Qaeda or Taliban detainees."   As Senator John McCain has reminded us, this is not about "them," it"s about us. A concrete indication of compliance in this area will be the completion and publication of a new Field Manual on Interrogation clearly barring all forms of cruel, humiliating, and degrading treatment for anyone in military custody. This interrogation standard must be applied uniformly to the military and to the intelligence agencies.   Finally, the Supreme Court"s Hamdan decision requires that detainees tried by the United States for war crimes must be afforded judicial guarantees in accordance with the laws of war and, in particular, Common Article 3. It requires those guarantees "recognized as indispensable by civilized people." As Congress and the administration work to assess a way forward in the aftermath of the Hamdan decision, the test of compliance will be whether they arrive at a system that very closely resembles that of courts-martial under the Uniform Code of Military Justice.   If the administration and Congress act on these three fronts, we will move from law-free zones to the rule of law, and take a giant step to restore America"s standing in the world.   * Michael Posner is the president of Human Rights First.   13 July 2006   Annan welcomes US endorsement of Geneva Convention on prisoner treatment.   United Nations Secretary-General Kofi Annan today welcomed the United States Government’s decision to ensure that all its actions affecting alleged Al Qaida or Taliban militants comply with the standards of the Geneva Conventions, specifically Article 3 which mandates proper judicial procedures and bans humiliating and degrading treatment.   “The Secretary-General believes this decision strengthens the international rule of law, and is true to the US’s strong tradition of respect for civil liberties,” a statement issued by his spokesman said.   “He also believes, and has frequently stated, that strict compliance with international humanitarian and human rights law in no way contradicts or undermines efforts to counter terrorism, but on the contrary is essential to the success of those efforts.”   Through his spokesman, the Secretary-General, who is travelling in Rome, encouraged all countries “to keep their legislation and practices under constant review, with a view to ensuring that they are in conformity with international humanitarian and human rights laws.”   Last week, five independent UN human rights experts renewed their call for the speedy closure of the US detention centre at Guantánamo Bay, noting that it still holds more than 450 prisoners suspected of Al Qaida or Taliban links in breach of international human rights law.   The five, who specialize in issues related to arbitrary detention, freedom of religion, health rights, torture and the independence of judges and lawyers, welcomed the US Supreme Court’s recent decision that the tribunals created for prisoners at Guantánamo violated the Geneva Conventions and US military law.   Common Article 3 of the Geneva Conventions.   Here is the text of Common Article 3 of the Geneva Conventions, which the Bush administration acknowledged on Tuesday applies to terror war detainees held by the United States:   In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:   (1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed "hors de combat" by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.   To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:   (a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;   (b) taking of hostages;   (c) outrages upon personal dignity, in particular humiliating and degrading treatment;   (d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples.   (2) The wounded and sick shall be collected and cared for.   An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.   The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.   The application of the preceding provisions shall not affect the legal status of the Parties to the conflict.
	View more stories