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September 28, 2005

Gory-Photos-for-Porn: Let's Hear From W. Hays Parks

A
s Andrew Sullivan says, "that was quick."

The military inquiry into the gore-for-porn photos lasted a couple of days, and it's over. Nothing to see here, says the military.

Oh really?

I call for commentary from W. Hays Parks, Special Assistant for Law of War Matters to the U.S. Army Judge Advocate General, who gave the following testimony before the Senate Committee on Governmental Affairs back on April, 10 2003:

In addition to the GPW, there are other Geneva Conventions relevant to the current conflict. In particular, the United States and Iraq are both parties to the 1949 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field. The title of this Convention is a bit misleading because it also provides protection for the dead. In particular, this Convention:
-- Requires parties to the conflict to protect the dead against pillage and ill-treatment; and
-- Requires parties to ensure that the dead are honorably interred, their graves respected, and information as to their identity, etc., provided to the International Committee of the Red Cross.

DOD Policies in Conflict with Iraq

The United States and Coalition forces conduct all operations in compliance with the law of war. No nation devotes more resources to training and compliance with the law of war than the United States.

Both the United States and Iraq are parties to the GPW, which the United States fully observes in this conflict....

Our aims and acts are precisely the same in the current conflict [as in Desert Storm]: We are providing, and will continue to provide, captured Iraqi combatants with the protections of the Geneva Conventions and other pertinent international laws. ...

Iraqi Violations of the Geneva Conventions and Related Laws of War

Unfortunately, the Iraqi regime is not complying with the Geneva Conventions. Before turning to a summary of the Iraqi violations, I should note that in Desert Storm in 1991, the Iraqis mistreated U.S. and Coalition forces in numerous respects, including physical abuse and torture, forced propaganda statements, food deprivation, denial of ICRC access until the day of repatriation, and much more. The Iraqis similarly mistreated Iranian POWs during the 8-year Iran-Iraq war in the 1980s. The Iraqi regime has thus displayed a pattern of systematic disregard for the laws of war.

Based upon briefings and reports in the media, it appears that Iraq has once again committed violations of the Geneva Conventions and related laws of war. I will mention just three.

-- First: Iraqi Television and al-Jazeera have aired a lengthy tape of deceased U.S or coalition service members. I understand that some of you have seen the tape; I will not describe it in any detail. Suffice it to say that this tape, which was apparently made with the consent or at the direction of the Iraqi regime, shows fundamental violations of the Geneva Convention obligations, including prohibitions on pillage and ill-treatment of the dead, the duty to respect the personal dignity of all captured combatants, and possibly the prohibition against willful killing, torture, inhumane treatment, or the willful causing of great suffering or serious injury to body or health of a POW.


Mr. Parks? Your thoughts about the photos on nowthatsfuckedup.com? (Note: the offending site is currently down.)

Posted by Eric at September 28, 2005 7:32 PM

Comments

Once again Al Maviva is proved "right". As you may recall, he responded to your first post on this by
basically accusing you of endangering our troops and lending aid and comfort to the enemy. He said that you should keep it quiet and just let the Pentagon know about the problem as they would certainly take appropriate action if they only knew.

Posted by: Mojo at September 28, 2005 8:45 PM

Good morning U.S.A.

Finally U.S.A. has discovered what the rest of the world knows from a long time.

A Spanish Blog on the 27th of April:
http://spaces.msn.com/members/akarquitectura/Blog/cns!1pznJCenGOXDFKhLmmQ3JZSw!239.entry

This is from the 5th of May: http://incaseyoumissedit.blogspot.com/2005/05/war-bush-doesnt-want-you-to-see.html

And this other one http://ohiblog.splinder.com/post/5548539 is the one who spread the new in Italy and then Europe last month.

This is an american site (02 september 2005) http://www.infoshop.org/inews/article.php?story=200509021045103

And the Pentagon has decided to move only after all that time. On the site NTFU there are 140.000 registered users. And on cbs4 in Denver I heard a military saying "they are just few of them..."

Posted by: runner at September 29, 2005 7:13 AM

You know, it is funny, but I don't recall accusing Eric of treason. I must have missed that part. Or perhaps your allegation that I alleged treason, is inaccurate but true. I think that passes for truth these days...

Posted by: Al Maviva at September 29, 2005 3:09 PM

At least the coverage is slowly starting to take off.

On your specific point, I have to agree, if it isn't ok for some people to do this, then it shouldn't be ok for anyone to do it.

The Army might like to think that this issue has been and gone, like their investigation. But they are wrong.

Posted by: Sam Douglas at September 29, 2005 7:13 PM

Al,
You claimed that Eric should not post this story because it would "get folks here and in the combat zone riled up at our troops". Are you now claiming that getting Iraqis "riled up at our troops" would make them safer somehow?
BTW, any direct response on the thrust of my comment? Did the Pentagon act as you expected and was that response appropriate and adequate?

Posted by: Mojo at September 29, 2005 8:15 PM