Scott Horton
January 27, 2005
"This so-called ill treatment and torture in detention centers, stories of which were spread everywhere among the people, and later by the prisoners who were freed ... were not, as some assumed, inflicted methodically, but were excesses committed by individual prison guards, their deputies, and men who laid violent hands on the detainees."
Most people who hear this quote today assume it was uttered by a senior officer of the Bush administration. Instead, it comes from one of history's greatest mass murderers, Rudolf Hoess, the SS commandant at Auschwitz. Such a confusion demonstrates the depth of the United States' moral dilemma in its treatment of detainees in the war on terror. <snip>
Consider the memorandum written by Alberto Gonzales -- then the president's attorney, now his nominee for attorney general. He wrote that the Geneva Convention was "obsolete" when it came to the war on terror. Gonzales reasoned that our adversaries were not parties to the convention and that the Geneva concept was ill suited to antiterrorist warfare. In 1941, General-Field Marshal Wilhelm Keitel, the head of Hitler's "Wehrmacht," mustered identical arguments against recognizing the Geneva rights of Soviet soldiers fighting on the Eastern Front. Keitel even called Geneva "obsolete," a remark noted by U.S. prosecutors at Nuremberg, who cited it as an aggravating circumstance in seeking, and obtaining, the death penalty. Keitel was executed in 1946.
Keitel's remarks were made in response to a valiant memorandum prepared by German military lawyers who argued that the interests of Germany's soldiers, and the interests of morale and good order, would be served by adhering to the Geneva treaty. Secretary of State Colin Powell, echoing the opinions of the Joint Chiefs of Staff and U.S. military lawyers, sent Gonzales a letter that hit the same notes. <snip>
Next week, the world will commemorate the liberation of Auschwitz. A memorial prayer for the death camp victims will be read at the United Nations. German Foreign Minister Joschka Fischer will attend to acknowledge that the depravities at Auschwitz were not the work of a few "rotten apples" but the responsibility of a nation. Such a courageous assumption of responsibility should provide a model for the United States, which can still act to salvage its tradition and its honor.
http://www.startribune.com/stories/1519/5206785.html