The Lucifer Effect
rights was damaged by the torture revelations and will be further dam-
aged if torture continues to be followed by complete impunity for the
policy-makers.
1 9
Stripping Away Immunity for the Architects of Illegal Policy
Both U.S. and international law recognize the principle of "command responsi-
bility" or "superior responsibility," by which individuals in civilian or military
authority may be criminally liable for crimes committed by those under their
command. Three elements are required for such liability to be established. First,
there must be a clear superior-subordinate relationship. Second, the superior
must have known or had reason to know that the subordinate was about to com-
mit a crime or had already committed a crime. Third, the superior must have
failed to take necessary and reasonable measures to prevent the crime or to pun-
ish the perpetrator.
War crimes and torture are punishable under the terms of the War Crimes
Act of 1 9 9 6 , the Anti-Torture Act of 1 9 9 6 , and the Uniform Code of Military Jus-
tice (UCMJ). Human Rights Watch goes on record arguing that a prima facie case
exists that warrants the opening of criminal investigations with respect to four of-
ficials: Secretary of Defense Donald Rumsfeld, former CIA director George Tenet,
Lieutenant General Ricardo Sanchez, and Major General Geoffrey Miller.
Here I can only outline some of the justifications for holding each of these of-
ficials liable for the acts of torture and abuse committed under their watch—a full
description and supporting evidence is provided in the HRW report.
On Trial: Secretary of Defense Donald Rumsfeld
Rumsfeld told the Senate Armed Services Committee: "These events occurred on
my watch. As Secretary of Defense, I am accountable for them. I take full respon-
sibility."
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HRW asserts that "Secretary Rumsfeld should be investigated for war crimes
and torture by US troops in Afghanistan, Iraq, and Guantânamo under the doc-
trine of 'command responsibility.' Secretary Rumsfeld created the conditions for
troops to commit war crimes and torture by sidelining and disparaging the
Geneva Conventions.
2 1
He did so by approving interrogation techniques that vio-
lated the Geneva Conventions as well as the Convention against Torture and by
approving the hiding of detainees from the International Committee of the Red
Cross." HRW continues:
From the earliest days of the war in Afghanistan, Secretary Rumsfeld was
on notice through briefings, ICRC reports, human rights reports, and press
accounts that troops were committing war crimes, including acts of tor-
ture. However, there is no evidence that he ever exerted his authority and
warned that the mistreatment of prisoners must stop. Had he done so,
many of the crimes committed by forces could have been avoided.
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