
During the early stages of the
Iraq War
The Iraq War (), also referred to as the Second Gulf War, was a prolonged conflict in Iraq lasting from 2003 to 2011. It began with 2003 invasion of Iraq, the invasion by a Multi-National Force – Iraq, United States-led coalition, which ...
, members of the
United States Army
The United States Army (USA) is the primary Land warfare, land service branch of the United States Department of Defense. It is designated as the Army of the United States in the United States Constitution.Article II, section 2, clause 1 of th ...
and the
Central Intelligence Agency
The Central Intelligence Agency (CIA; ) is a civilian foreign intelligence service of the federal government of the United States tasked with advancing national security through collecting and analyzing intelligence from around the world and ...
were accused of a series of
human rights violations
Human rights are universally recognized moral principles or norms that establish standards of human behavior and are often protected by both national and international laws. These rights are considered inherent and inalienable, meaning t ...
and
war crime
A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hostage ...
s against detainees in the
Abu Ghraib prison
Abu Ghraib prison (, ''Sijn Abū Ghurayb'') was a prison complex in Abu Ghraib, Iraq, located west of Baghdad. Abu Ghraib prison was opened in the 1960s and served as a maximum-security prison. From the 1970s, the prison was used by Saddam Hus ...
in
Iraq
Iraq, officially the Republic of Iraq, is a country in West Asia. It is bordered by Saudi Arabia to Iraq–Saudi Arabia border, the south, Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq border, the east, the Persian Gulf and ...
. These abuses included
physical abuse
Physical abuse is any intentional act causing injury or trauma to another person or animal by way of bodily contact. In most cases, children are the victims of physical abuse, but adults can also be victims, as in cases of domestic violence or ...
,
sexual humiliation, physical and psychological
torture
Torture is the deliberate infliction of severe pain or suffering on a person for reasons including corporal punishment, punishment, forced confession, extracting a confession, interrogational torture, interrogation for information, or intimid ...
, and
rape
Rape is a type of sexual assault involving sexual intercourse, or other forms of sexual penetration, carried out against a person without consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person ...
, as well as the
killing of Manadel al-Jamadi and the desecration of his body.
The abuses came to public attention with the publication of photographs by
CBS News
CBS News is the news division of the American television and radio broadcaster CBS. It is headquartered in New York City. CBS News television programs include ''CBS Evening News'', ''CBS Mornings'', news magazine programs ''CBS News Sunday Morn ...
in April 2004, causing shock and outrage and receiving widespread condemnation within the United States and internationally.
The
George W. Bush administration stated that the abuses at Abu Ghraib were isolated incidents and not indicative of U.S. policy.
This was disputed by humanitarian organizations including the
Red Cross
The organized International Red Cross and Red Crescent Movement is a Humanitarianism, humanitarian movement with approximately 16million volunteering, volunteers, members, and staff worldwide. It was founded to protect human life and health, to ...
,
Amnesty International
Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says that it has more than ten million members a ...
, and
Human Rights Watch
Human Rights Watch (HRW) is an international non-governmental organization that conducts research and advocacy on human rights. Headquartered in New York City, the group investigates and reports on issues including War crime, war crimes, crim ...
, who claimed the abuses were part of a pattern of torture and brutal treatment at American overseas detention centers, including those in Iraq, in
Afghanistan
Afghanistan, officially the Islamic Emirate of Afghanistan, is a landlocked country located at the crossroads of Central Asia and South Asia. It is bordered by Pakistan to the Durand Line, east and south, Iran to the Afghanistan–Iran borde ...
, and at
Guantanamo Bay (GTMO).
After 36 prisoners were killed at Abu Ghraib in insurgent mortar attacks, the United States was further criticized for maintaining the facility in a combat zone.
[ The ]International Committee of the Red Cross
The International Committee of the Red Cross (ICRC) is a humanitarian organization based in Geneva, Switzerland, and is a three-time Nobel Prize laureate. The organization has played an instrumental role in the development of rules of war and ...
reported that most detainees at Abu Ghraib were civilians
A civilian is a person who is not a member of an armed force. It is illegal under the law of armed conflict to target civilians with military attacks, along with numerous other considerations for civilians during times of war. If a civilian enga ...
with no links to armed groups.
Documents known as the Torture Memos
A set of legal memoranda known as the "Torture Memos" (officially the Memorandum Regarding Military Interrogation of Alien Unlawful Combatants Held Outside The United States) were drafted by John Yoo as Deputy Assistant Attorney General of the ...
came to light a few years later. These documents, prepared by the United States Department of Justice
The United States Department of Justice (DOJ), also known as the Justice Department, is a United States federal executive departments, federal executive department of the U.S. government that oversees the domestic enforcement of Law of the Unite ...
in the months leading up to the 2003 invasion of Iraq, authorized certain "enhanced interrogation techniques
"Enhanced interrogation techniques" or "enhanced interrogation" was a program of systematic torture of detainees by the Central Intelligence Agency (CIA), the Defense Intelligence Agency (DIA) and various components of the U.S. Armed Forces at ...
" (generally considered to involve torture) of foreign detainees. The memoranda also argued that international humanitarian laws, such as the Geneva Conventions
upright=1.15, The original document in single pages, 1864
The Geneva Conventions are international humanitarian laws consisting of four treaties and three additional protocols that establish international legal standards for humanitarian t ...
, did not apply to American interrogators overseas. Several subsequent U.S. Supreme Court decisions, including '' Hamdan v. Rumsfeld'' (2006), overturned Bush administration policy, ruling that the Geneva Conventions do apply.
In response to the events at Abu Ghraib, the United States Department of Defense removed 17 soldiers and officers from duty. Eleven soldiers were charged with dereliction of duty
Dereliction of duty is a specific offense under United States Code Title 10, Section 892, Article 92 and applies to all branches of the US military. A service member who is derelict has willfully refused to perform their duties (or follow a given ...
, maltreatment, aggravated assault
In the terminology of law, an assault is the act of causing physical harm or unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may result ...
and battery. Between May 2004 and April 2006, these soldiers were court-martialed
A court-martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of members of the mili ...
, convicted, sentenced to military prison
A military prison is a prison operated by a military. Military prisons are used variously to house prisoners of war, unlawful combatants, those whose freedom is deemed a national security risk by the military or national authorities, and members o ...
, and dishonorably discharged from service. Two soldiers, found to have perpetrated many of the worst offenses at the prison, Specialist Charles Graner and PFC Lynndie England, were subject to more severe charges and received harsher sentences. Graner was convicted of assault, battery, conspiracy, maltreatment of detainees, committing indecent acts and dereliction of duty; he was sentenced to 10 years imprisonment and loss of rank, pay, and benefits. England was convicted of conspiracy
A conspiracy, also known as a plot, ploy, or scheme, is a secret plan or agreement between people (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder, treason, or corruption, especially with a political motivat ...
, maltreating detainees, and committing an indecent act and sentenced to three years in prison. Brigadier General Janis Karpinski, the commanding officer of all detention facilities in Iraq, was reprimanded and demoted to the rank of colonel
Colonel ( ; abbreviated as Col., Col, or COL) is a senior military Officer (armed forces), officer rank used in many countries. It is also used in some police forces and paramilitary organizations.
In the 17th, 18th, and 19th centuries, a colon ...
. Several more military personnel accused of perpetrating or authorizing the measures, including many of higher rank, were not prosecuted. In 2004, President George W. Bush
George Walker Bush (born July 6, 1946) is an American politician and businessman who was the 43rd president of the United States from 2001 to 2009. A member of the Bush family and the Republican Party (United States), Republican Party, he i ...
and Defense Secretary Donald Rumsfeld
Donald Henry Rumsfeld (July 9, 1932 – June 29, 2021) was an American politician, businessman, and naval officer who served as United States Secretary of Defense, secretary of defense from 1975 to 1977 under President Gerald Ford, and again ...
apologized for the Abu Ghraib abuses.
Background
War on terror
The war on terror, also known as the Global War on Terrorism, is an international military campaign launched by the United States government
The Federal Government of the United States of America (U.S. federal government or U.S. government) is the Federation#Federal governments, national government of the United States.
The U.S. federal government is composed of three distinct ...
after the September 11 attacks
The September 11 attacks, also known as 9/11, were four coordinated Islamist terrorist suicide attacks by al-Qaeda against the United States in 2001. Nineteen terrorists hijacked four commercial airliners, crashing the first two into ...
. U.S. President George W. Bush
George Walker Bush (born July 6, 1946) is an American politician and businessman who was the 43rd president of the United States from 2001 to 2009. A member of the Bush family and the Republican Party (United States), Republican Party, he i ...
first used the phrase
In grammar, a phrasecalled expression in some contextsis a group of words or singular word acting as a grammatical unit. For instance, the English language, English expression "the very happy squirrel" is a noun phrase which contains the adject ...
"war on terrorism" on September 16, 2001, and then used the phrase "war on terror" a few days later in a speech to Congress. In the latter speech, Bush stated, "Our enemy is a radical network of terrorists and every government that supports them."
Iraq War
The Iraq War
The Iraq War (), also referred to as the Second Gulf War, was a prolonged conflict in Iraq lasting from 2003 to 2011. It began with 2003 invasion of Iraq, the invasion by a Multi-National Force – Iraq, United States-led coalition, which ...
began in March 2003 as an invasion of Ba'athist Iraq
Ba'athist Iraq, officially the Iraqi Republic (1968–1992) and later the Republic of Iraq (1992–2003), was the Iraqi state between 1968 and 2003 under the one-party rule of the Arab Socialist Ba'ath Party – Iraq Region, Iraqi regional bra ...
by a force led by the United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
. The Ba'athist government led by Saddam Hussein
Saddam Hussein (28 April 1937 – 30 December 2006) was an Iraqi politician and revolutionary who served as the fifth president of Iraq from 1979 until Saddam Hussein statue destruction, his overthrow in 2003 during the 2003 invasion of Ira ...
was toppled within a month. This conflict was followed by a longer phase of fighting in which an insurgency emerged to oppose the occupying forces and the post-invasion Iraqi government. During this insurgency, the United States was in the role of an occupying power
Military occupation, also called belligerent occupation or simply occupation, is temporary hostile control exerted by a ruling power's military apparatus over a sovereign territory that is outside of the legal boundaries of that ruling pow ...
.[
]
Abu Ghraib prison
The Abu Ghraib prison
Abu Ghraib prison (, ''Sijn Abū Ghurayb'') was a prison complex in Abu Ghraib, Iraq, located west of Baghdad. Abu Ghraib prison was opened in the 1960s and served as a maximum-security prison. From the 1970s, the prison was used by Saddam Hus ...
in the town of Abu Ghraib was one of the most notorious prisons in Iraq during the government of Saddam Hussein. The prison was used to hold approximately 50,000 men and women in poor conditions, and torture and execution were frequent. The prison was located on about 110 hectares (272 acres) of land 32 kilometers (20 miles) west of Baghdad
Baghdad ( or ; , ) is the capital and List of largest cities of Iraq, largest city of Iraq, located along the Tigris in the central part of the country. With a population exceeding 7 million, it ranks among the List of largest cities in the A ...
. After the collapse of Saddam Hussein's government, the prison was looted and everything that was removable was carried away. Following the invasion, the U.S. army refurbished it and turned it into a military prison. It was the largest of several detention centers in Iraq used by the U.S. military. In March 2004, during the time that the U.S. military was using the Abu Ghraib prison as a detention facility, it housed approximately 7,490 prisoners. At its peak, it held an estimated 8,000 detainees.
Three categories of prisoners were imprisoned at Abu Ghraib by the U.S. military. These were "common criminals", individuals suspected of being leaders of the insurgency, and individuals suspected of committing crimes against the occupational force led by the U.S. Although most prisoners lived in tents in the yard, the abuses took place inside cell blocks 1a and 1b. The 800th Military Police Brigade, from Uniondale, New York, was responsible for running the prison. The brigade was commanded by Brigadier General Janis Karpinski, who was in charge of all of the U.S.-run prisons in Iraq. She did not have previous experience in running a prison. The individuals who committed abuses at the prison were members of the 372nd Military Police Company, which was a constituent of the 320th Military Police Battalion, which was overseen by Karpinski's Brigade headquarters.
The Fay Report noted that "contracting-related issues contributed to the problems at Abu Ghraib prison". Over half the interrogators working at the prison were employees of CACI International, while Titan Corporation supplied linguistics personnel. In his report, General Fay notes that "The general policy of not contracting for intelligence functions and services was designed in part to avoid many of the problems that eventually developed at Abu Ghraib".
First reports of human rights abuses
In June 2003, Amnesty International
Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says that it has more than ten million members a ...
published reports of human rights abuses by the U.S. military and its coalition partners at detention centers and prisons in Iraq. These included reports of brutal treatment at Abu Ghraib prison
Abu Ghraib prison (, ''Sijn Abū Ghurayb'') was a prison complex in Abu Ghraib, Iraq, located west of Baghdad. Abu Ghraib prison was opened in the 1960s and served as a maximum-security prison. From the 1970s, the prison was used by Saddam Hus ...
, which had once been used by the government of Saddam Hussein
Saddam Hussein (28 April 1937 – 30 December 2006) was an Iraqi politician and revolutionary who served as the fifth president of Iraq from 1979 until Saddam Hussein statue destruction, his overthrow in 2003 during the 2003 invasion of Ira ...
, and had been taken over by the United States after the invasion. On June 20, 2003, Abdel Salam Sidahmed, deputy director of AI's Middle East Program, described an uprising by the prisoners against the conditions of their detention, saying "The notorious Abu Ghraib Prison, centre of torture and mass executions under Saddam Hussein, is yet again a prison cut off from the outside world. On June 13, there was a protest in this prison against indefinite detention without trial. Troops from the occupying powers killed one person and wounded seven."
On July 23, 2003, Amnesty International issued a press release condemning widespread human rights abuses by U.S. and coalition forces. The release stated that prisoners had been exposed to extreme heat, not provided clothing, and forced to use open trenches for toilets. They had also been tortured, with the methods including denial of sleep for extended periods, exposure to bright lights and loud music, and being restrained in uncomfortable positions.
On November 1, 2003, the Associated Press
The Associated Press (AP) is an American not-for-profit organization, not-for-profit news agency headquartered in New York City.
Founded in 1846, it operates as a cooperative, unincorporated association, and produces news reports that are dist ...
presented a special report on the massive human rights abuses at Abu Ghraib. Their report began; "In Iraq's American detention camps, forbidden talk can earn a prisoner hours bound and stretched out in the sun, and detainees swinging tent poles rise up regularly against their jailers, according to recently released Iraqis." The report went on to describe abuse of the prisoners at the hands of their American captors: They confined us like sheep,' the newly freed Saad Naif, 38, said of the Americans. 'They hit people. They humiliated people. In response, U.S. Brigadier General Janis Karpinski, who oversaw all U.S. detention facilities in Iraq, claimed that prisoners were being treated "humanely and fairly". The AP report also stated that as of November 1, 2003, two legal cases were pending against U.S. military personnel; one involving the beating of an Iraqi prisoner, while the other arose out of the death of a prisoner in custody.
Since the beginning of the invasion, the International Committee of the Red Cross
The International Committee of the Red Cross (ICRC) is a humanitarian organization based in Geneva, Switzerland, and is a three-time Nobel Prize laureate. The organization has played an instrumental role in the development of rules of war and ...
(ICRC) had been allowed to oversee the prison, and submitted reports about the treatment of the prisoners. In response to an ICRC report, Karpinski stated that several of the prisoners were intelligence assets, and therefore not entitled to complete protection under the Geneva Conventions
upright=1.15, The original document in single pages, 1864
The Geneva Conventions are international humanitarian laws consisting of four treaties and three additional protocols that establish international legal standards for humanitarian t ...
. The ICRC reports led to Lieutenant General Ricardo Sanchez, the commander of the Iraqi task force, appointing Major General Antonio Taguba to investigate the allegations on January 1, 2004. Taguba submitted his findings (the Taguba Report) in February 2004, stating that "numerous incidents of sadistic, blatant, and wanton criminal abuses were inflicted on several detainees. This systemic and illegal abuse of detainees was intentionally perpetrated by several members of the military police guard force." The report stated that there was widespread evidence of this abuse, including photographic evidence. The report was not released publicly.
The scandal came to widespread public attention in April 2004, when a '' 60 Minutes II'' news report was aired on April 28 by CBS News
CBS News is the news division of the American television and radio broadcaster CBS. It is headquartered in New York City. CBS News television programs include ''CBS Evening News'', ''CBS Mornings'', news magazine programs ''CBS News Sunday Morn ...
, describing the abuse, including pictures showing military personnel taunting naked prisoners. An article was published by Seymour Hersh
Seymour Myron Hersh (born April 8, 1937) is an American investigative journalist and political writer. He gained recognition in 1969 for exposing the My Lai massacre and its cover-up during the Vietnam War, for which he received the 1970 Pulitzer ...
in ''The New Yorker
''The New Yorker'' is an American magazine featuring journalism, commentary, criticism, essays, fiction, satire, cartoons, and poetry. It was founded on February 21, 1925, by Harold Ross and his wife Jane Grant, a reporter for ''The New York T ...
'' magazine, posted online on April 30 and published days later in the May 10 issue, which also had a widespread impact. The photographs were subsequently reproduced in the press across the world. The details of the Taguba report were made public in May 2004. Shortly afterwards, U.S. President George W. Bush
George Walker Bush (born July 6, 1946) is an American politician and businessman who was the 43rd president of the United States from 2001 to 2009. A member of the Bush family and the Republican Party (United States), Republican Party, he i ...
stated that the individuals responsible would be "brought to justice", while United Nations Secretary-General Kofi Annan
Kofi Atta Annan (8 April 193818 August 2018) was a Ghanaian diplomat who served as the seventh secretary-general of the United Nations from 1997 to 2006. Annan and the UN were the co-recipients of the 2001 Nobel Peace Prize. He was the founder a ...
said that the effort to reconstruct a government in Iraq had been badly damaged.
Authorization of torture

Executive order
On December 21, 2004, the American Civil Liberties Union
The American Civil Liberties Union (ACLU) is an American nonprofit civil rights organization founded in 1920. ACLU affiliates are active in all 50 states, Washington, D.C., and Puerto Rico. The budget of the ACLU in 2024 was $383 million.
T ...
released copies of internal memoranda from the Federal Bureau of Investigation
The Federal Bureau of Investigation (FBI) is the domestic Intelligence agency, intelligence and Security agency, security service of the United States and Federal law enforcement in the United States, its principal federal law enforcement ag ...
that it had obtained under the Freedom of Information Act. These discussed torture and abuse at prisons in Guantanamo Bay detention camp
The Guantanamo Bay detention camp, also known as GTMO ( ), GITMO ( ), or simply Guantanamo Bay, is a United States military prison within Naval Station Guantanamo Bay (NSGB), on the coast of Guantánamo Bay, Cuba. It was established in 2002 by p ...
, Afghanistan
Afghanistan, officially the Islamic Emirate of Afghanistan, is a landlocked country located at the crossroads of Central Asia and South Asia. It is bordered by Pakistan to the Durand Line, east and south, Iran to the Afghanistan–Iran borde ...
, and Iraq
Iraq, officially the Republic of Iraq, is a country in West Asia. It is bordered by Saudi Arabia to Iraq–Saudi Arabia border, the south, Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq border, the east, the Persian Gulf and ...
. One memorandum dated May 22, 2004 was from an individual described as the "On Scene Commander – Baghdad", but whose name had been redacted. This individual referred explicitly to an executive order
In the United States, an executive order is a directive by the president of the United States that manages operations of the federal government. The legal or constitutional basis for executive orders has multiple sources. Article Two of the ...
that sanctioned the use of extraordinary interrogation tactics by U.S. military personnel. The torture methods sanctioned included sleep deprivation, hooding prisoners, playing loud music, removing all detainees' clothing, forcing them to stand in so-called "stress positions", and the use of dogs. The author also stated that the Pentagon
The Pentagon is the headquarters building of the United States Department of Defense, in Arlington County, Virginia, across the Potomac River from Washington, D.C. The building was constructed on an accelerated schedule during World War II. As ...
had limited use of the techniques by requiring specific authorization from the chain of command. The author identifies "physical beatings, sexual humiliation or touching" as being outside the Executive Order. This was the first internal evidence since the Abu Ghraib prisoner abuse affair became public in April 2004 that forms of coercion of captives had been mandated by the president of the United States.
Authorization from Ricardo Sanchez
Documents obtained by ''The Washington Post
''The Washington Post'', locally known as ''The'' ''Post'' and, informally, ''WaPo'' or ''WP'', is an American daily newspaper published in Washington, D.C., the national capital. It is the most widely circulated newspaper in the Washington m ...
'' and the ACLU showed that Ricardo Sanchez, who was a Lieutenant General and the senior U.S. military officer in Iraq, authorized the use of military dogs, temperature extremes, reversed sleep patterns, and sensory deprivation as interrogation methods in Abu Ghraib. A November 2004 report by Brigadier General Richard Formica found that many troops at the Abu Ghraib prison had been following orders based on a memorandum from Sanchez, and that the abuse had not been carried out by isolated "criminal" elements. ACLU lawyer Amrit Singh said in a statement from the union that "General Sanchez authorized interrogation techniques that were in clear violation of the Geneva Conventions and the army's own standards."
In an interview for her hometown newspaper ''The Signal'', Karpinski stated that she had seen unreleased documents from Defense Secretary Donald Rumsfeld
Donald Henry Rumsfeld (July 9, 1932 – June 29, 2021) was an American politician, businessman, and naval officer who served as United States Secretary of Defense, secretary of defense from 1975 to 1977 under President Gerald Ford, and again ...
which authorized the use of these tactics on Iraqi prisoners.
Authorization from Donald Rumsfeld
A 2004 report by the '' New Yorker'' stated that Defense Secretary Donald Rumsfeld had authorized the interrogation tactics used in Abu Ghraib, and which had previously been used by the U.S. in Afghanistan. In November 2006, Janis Karpinski, who had been in charge of Abu Ghraib prison until early 2004, told Spain's ''El País
(; ) is a Spanish-language daily newspaper in Spain. is based in the capital city of Madrid and it is owned by the Spanish media conglomerate PRISA.
It is the second-most circulated daily newspaper in Spain . is the most read newspaper in ...
'' newspaper that she had seen a letter signed by Rumsfeld, which allowed civilian contractors to use techniques such as sleep deprivation
Sleep deprivation, also known as sleep insufficiency or sleeplessness, is the condition of not having adequate duration and/or quality of sleep to support decent alertness, performance, and health. It can be either Chronic (medicine), chronic ...
during interrogation. "The methods consisted of making prisoners stand for long periods, sleep deprivation... playing music at full volume, having to sit in uncomfortably ... Rumsfeld authorized these specific techniques." According to Karpinski, the handwritten signature was above his printed name, and the comment "Make sure this is accomplished" was in the margin in the same hand-writing. Neither the Pentagon nor U.S. Army spokespeople in Iraq commented on the accusation. In 2006, a criminal complaint was filed in a German Court against Donald Rumsfeld by eight former soldiers and intelligence operatives, including Karpinski and former army counterintelligence special agent David DeBatto. Among other things, the complaint stated that Rumsfeld both knew of and authorized so-called "enhanced interrogation techniques
"Enhanced interrogation techniques" or "enhanced interrogation" was a program of systematic torture of detainees by the Central Intelligence Agency (CIA), the Defense Intelligence Agency (DIA) and various components of the U.S. Armed Forces at ...
" that he knew to be illegal under international law.
Prisoner abuse
Death of Manadel al-Jamadi
Manadel al-Jamadi, a prisoner at Abu Ghraib prison, died after CIA officer Mark Swanner and Sabrina Harman interrogated and tortured him in November 2003. After al-Jamadi's death, his corpse was packed in ice; the corpse was in the background for widely reprinted photographs of grinning U.S. Army specialists Sabrina Harman and Charles Graner, each of whom offered a "thumbs-up" gesture. Al-Jamadi had been a suspect in a bomb attack that killed 12 people in a Baghdad Red Cross
The organized International Red Cross and Red Crescent Movement is a Humanitarianism, humanitarian movement with approximately 16million volunteering, volunteers, members, and staff worldwide. It was founded to protect human life and health, to ...
facility, even though there was no confirmation of his involvement in these attacks. A military autopsy declared al-Jamadi's death a homicide
Homicide is an act in which a person causes the death of another person. A homicide requires only a Volition (psychology), volitional act, or an omission, that causes the death of another, and thus a homicide may result from Accident, accidenta ...
. No one has been charged with his death. In 2011, Attorney General Eric Holder said that he had opened a full criminal investigation into al-Jamadi's death. In August 2012, Holder announced that no criminal charges would be brought.
Prisoner rape
Stripping prisoners of their clothes was a common form of sexual humiliation and degradation during the torture at Abu Ghraib. In 2004, Antonio Taguba, a major general in the U.S. Army, wrote in the Taguba Report that a detainee had been sodomized with "a chemical light and perhaps a broomstick." In 2009, Taguba stated that there was photographic evidence of American soldiers and translators having raped detainees at Abu Ghraib. An Abu Ghraib detainee told investigators that he heard an Iraqi teenage boy screaming, and saw an Army translator raping him, while a female soldier took pictures. A witness identified the alleged rapist as an American-Egyptian who worked as a translator. In 2009, he was the subject of a civil court case in the United States. Another photo shows an American soldier apparently raping a female prisoner. Other photos show interrogators sexually assaulting prisoners with objects including a truncheon, wire and a phosphorescent tube, and a female prisoner having her clothing forcibly removed to expose her breasts. Taguba supported United States President Barack Obama
Barack Hussein Obama II (born August 4, 1961) is an American politician who was the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, he was the first African American president in American history. O ...
's decision not to release the photos, stating, "These pictures show torture, abuse, rape and every indecency." Obama, who had initially agreed to release the photographs, changed his mind after lobbying from senior military figures; Obama stated that their release could put troops in danger and "inflame anti-American public opinion".
In other instances of sexual abuse, soldiers were found to have raped female inmates. Senior U.S. officials admitted that rape had taken place at Abu Ghraib. Some of the women who had been raped became pregnant, and in some cases, were later killed by their family members in what were thought to be instances of honor killing. In addition, journalist Seymour Hersh
Seymour Myron Hersh (born April 8, 1937) is an American investigative journalist and political writer. He gained recognition in 1969 for exposing the My Lai massacre and its cover-up during the Vietnam War, for which he received the 1970 Pulitzer ...
alleged in July 2004 that the Department of Defense had in its possession videos showing male children being raped by Iraqi prison staff in front of female prisoners.
Other abuses
In May 2004, ''The Washington Post
''The Washington Post'', locally known as ''The'' ''Post'' and, informally, ''WaPo'' or ''WP'', is an American daily newspaper published in Washington, D.C., the national capital. It is the most widely circulated newspaper in the Washington m ...
'' reported evidence given by Ameen Saeed Al-Sheikh, detainee No. 151362. It quoted him as saying; "They said we will make you wish to die and it will not happen ... They stripped me naked. One of them told me he would rape me. He drew a picture of a woman to my back and made me stand in a shameful position holding my buttocks apart."[ Do you pray to ]Allah
Allah ( ; , ) is an Arabic term for God, specifically the God in Abrahamic religions, God of Abraham. Outside of the Middle East, it is principally associated with God in Islam, Islam (in which it is also considered the proper name), althoug ...
?' one asked. I said yes. They said, ' xpletiveyou. And xpletivehim.' One of them said, 'You are not getting out of here healthy, you are getting out of here handicapped. And he said to me, 'Are you married?' I said, 'Yes.' They said, 'If your wife saw you like this, she will be disappointed.' One of them said, 'But if I saw her now she would not be disappointed now because I would rape her. "They ordered me to thank Jesus
Jesus (AD 30 or 33), also referred to as Jesus Christ, Jesus of Nazareth, and many Names and titles of Jesus in the New Testament, other names and titles, was a 1st-century Jewish preacher and religious leader. He is the Jesus in Chris ...
that I'm alive." "I said to him, 'I believe in Allah.' So he said, 'But I believe in torture and I will torture you.[
On January 12, 2005, '']The New York Times
''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
'' reported on further testimony from Abu Ghraib detainees. The abuses reported included urinating on detainees, pounding wounded limbs with metal batons, pouring phosphoric acid on detainees, and tying ropes to the detainees' legs or penises and dragging them across the floor.
In her video diary, a prison guard said that prisoners were shot for minor misbehavior, and claimed to have had venomous snakes
''Venomous snakes'' are species of the suborder Serpentes that are capable of producing venom, which they use for killing prey, for defense, and to assist with digestion of their prey. The venom is typically delivered by injection using hollow ...
used to bite prisoners, sometimes resulting in their deaths. The guard said that she was "in trouble" for having thrown rocks at the detainees. Hashem Muhsen, one of the naked prisoners in the human pyramid photo, later said the men were also forced to crawl around the floor naked while soldiers rode them like donkeys.
Systematic torture
On May 7, 2004, Pierre Krähenbühl, operations director for the International Committee of the Red Cross
The International Committee of the Red Cross (ICRC) is a humanitarian organization based in Geneva, Switzerland, and is a three-time Nobel Prize laureate. The organization has played an instrumental role in the development of rules of war and ...
(ICRC), stated that inspection visits made by the ICRC to detention centers run by the US and its allies showed that acts of prisoner abuse were not isolated acts, but were part of a "pattern and a broad system". He went on to say that some of the incidents they had observed were "tantamount to torture".
Many of the torture techniques used were developed at Guantánamo detention center, including prolonged isolation; the frequent flyer program
A frequent-flyer programme (FFP) is a loyalty program offered by an airline.
Many airlines have frequent-flyer programmes designed to encourage airline customers enrolled in the programme to accumulate points (also called miles, kilometres, ...
, a sleep deprivation program whereby people were moved from cell to cell every few hours so they could not sleep for days, weeks, or even months; short shackling in painful positions; nudity; extreme use of heat and cold; the use of loud music and noise; and preying on phobias.
Armed forces in the US and the UK are jointly trained in techniques known as ''resistance to interrogation
Resistance to interrogation, RTI or R2I is a type of military training to soldiers to prepare them, after capture by the enemy, to resist interrogation techniques such as humiliation and torture.
The trainees undergo practices such as hooding, ho ...
(R2I)'' techniques. These R2I techniques are taught ostensibly to help soldiers cope with, or resist, torture if they are captured. On May 8, 2004, ''The Guardian
''The Guardian'' is a British daily newspaper. It was founded in Manchester in 1821 as ''The Manchester Guardian'' and changed its name in 1959, followed by a move to London. Along with its sister paper, ''The Guardian Weekly'', ''The Guardi ...
'' reported that according to a former British special forces officer, the acts committed by the Abu Ghraib prison military personnel resembled the techniques used in R2I training.
The same report stated the following:
Historian Alfred W. McCoy, who authored a book on torture in the Philippines armed forces, noted similarities in the abusive treatment of prisoners at Abu Ghraib and the techniques described in the KUBARK Counterintelligence Interrogation manual published by the United States Central Intelligence Agency
The Central Intelligence Agency (CIA; ) is a civilian foreign intelligence service of the federal government of the United States tasked with advancing national security through collecting and analyzing intelligence from around the world and ...
in 1963. He asserts that what he calls "the CIA's no-touch torture methods" have been in continuous use by the CIA and the US military intelligence since that time.
Casualties
A 2006 study attempted to estimate the number of deaths by reviewing public domain reports, as the US government had not provided total figures. It counted 63 detainee deaths at Abu Ghraib from all causes. Of these, 36 occurred due to insurgent mortar attacks, others were due to natural causes, and homicide.
The issue of deaths due to mortar attack received criticism. The Geneva Convention requires prisoners not be kept at facilities vulnerable to artillery attack.[ As Abu Ghraib was located in the combat zone,] its vulnerability to such an attack had been raised early on, but ultimately it was decided to keep the prisoners there.[ No other US detention facility in Iraq suffered casualties due to mortar attacks.][
]
Media coverage
Associated Press report (2003)
On November 1, 2003, the Associated Press published a lengthy report on inhumane treatment, beatings, and deaths at Abu Ghraib and other American prisons in Iraq. This report was based on interviews with released detainees, who told journalist Charles J. Hanley that inmates had been attacked by dogs, made to wear hoods, and humiliated in other ways. The article gained little notice. One freed detainee said that he wished somebody would publish pictures of what was happening.
When the US military first acknowledged the abuse in early 2004, much of the United States media showed little initial interest. On January 16, 2004, United States Central Command
The United States Central Command (USCENTCOM or CENTCOM) is one of the eleven unified combatant commands of the United States Department of Defense, U.S. Department of Defense. It was established in 1983, taking over the previous responsibilit ...
informed the media that an official investigation had begun involving abuse and humiliation of Iraqi detainees by a group of US soldiers. On February 24, it was reported that 17 soldiers had been suspended. The military announced on March 21, 2004, that the first charges had been filed against six soldiers.
''60 Minutes II'' broadcast (2004)
In late April 2004, the U.S. television news-magazine '' 60 Minutes II'', a franchise of CBS, broadcast a story on the abuse. The story included photographs depicting the abuse of prisoners. The news segment was delayed by two weeks at the request of the Department of Defense
The United States Department of Defense (DoD, USDOD, or DOD) is an executive department of the U.S. federal government charged with coordinating and supervising the six U.S. armed services: the Army, Navy, Marines, Air Force, Space Force, ...
and Richard Myers, an air force general and Chairman of the Joint Chiefs of Staff
The chairman of the Joint Chiefs of Staff (CJCS) is the presiding officer of the Joint Chiefs of Staff (JCS). The chairman is the highest-ranking and most senior military officer in the United States Armed Forces Chairman: appointment; gra ...
. After learning that ''The New Yorker
''The New Yorker'' is an American magazine featuring journalism, commentary, criticism, essays, fiction, satire, cartoons, and poetry. It was founded on February 21, 1925, by Harold Ross and his wife Jane Grant, a reporter for ''The New York T ...
'' magazine planned to publish an article and photographs on the topic in its next issue, CBS proceeded to broadcast its report on April 28. In the CBS report, Dan Rather
Daniel Irvin Rather Jr. (; born October 31, 1931) is an American journalist, commentator, and former national evening news anchor. He began his career in Texas, becoming a national name after his reporting saved thousands of lives during Hurrica ...
interviewed then-deputy director of Coalition operations in Iraq, Brigadier General Mark Kimmitt, who said:
Kimmitt also acknowledged that he knew of other cases of abuse during the American occupation of Iraq. Bill Cowan, a former Marine lieutenant colonel, was also interviewed, and said: "We went into Iraq to stop things like this from happening, and indeed, here they are happening under our tutelage." In addition, Rather interviewed Army Reserve Staff Sergeant Ivan Frederick, who was party to some of the abuses. Frederick's civilian job was as a corrections officer at a Virginia prison. He said, "We had no support, no training whatsoever. And I kept asking my chain of command for certain things ... like rules and regulations, and it just wasn't happening." Frederick's video diary, sent home from Iraq, provided some of the images used in the story. In it, he listed detailed, dated entries that chronicled abuse of CIA prisoners, as well as their names: "The next day the medics came in and put his body on a stretcher, placed a fake ntravenous dripin his arm and took him away. This IA prisonerwas never processed and therefore never had a number." Frederick implicated the Military Intelligence Corps as well, saying "MI has been present and witnessed such activity. MI has encouraged and told us great job ndthat they were now getting positive results and information."
''New Yorker'' article (2004)
In 2004, Seymour M. Hersh authored an article in ''The New Yorker'' magazine discussing the abuses in detail, relying on a copy of the Taguba report for substantiation. Under the direction of editor David Remnick, the magazine also posted a report on its website by Hersh, along with a number of images of the torture taken by U.S. military prison guards. The article, entitled "Torture at Abu Ghraib", was followed in the next two weeks by two further articles on the same subject, "Chain of Command" and "The Gray Zone", also by Hersh.
Later coverage (2006)
In February 2006, previously unreleased photos and videos were broadcast by SBS, an Australian television network, on its
Dateline
' program. The Bush administration attempted to prevent release of the images in the U.S., arguing that their publication could provoke antagonism. These newly released photographs depicted prisoners crawling on the floor naked, being forced to perform sexual acts, and being covered in feces. Some images also showed prisoners killed by the soldiers, some shot in the head and some with slit throats. BBC World News stated that one of the prisoners, who was reportedly mentally unstable, was considered by prison guards as a "pet" for torture. The UN expressed hope that the pictures would be investigated immediately, but the Pentagon stated that the images "have been previously investigated as part of the Abu Ghraib investigation."
On March 15, 2006, ''Salon
Salon may refer to:
Common meanings
* Beauty salon
A beauty salon or beauty parlor is an establishment that provides Cosmetics, cosmetic treatments for people. Other variations of this type of business include hair salons, spas, day spas, ...
'' published what was then the most extensive documentation of the abuse. A report accessed by ''Salon'' included the following summary of the material: "A review of all the computer media submitted to this office revealed a total of 1,325 images of suspected detainee abuse, 93 video files of suspected detainee abuse, 660 images of adult pornography, 546 images of suspected dead Iraqi detainees, 29 images of soldiers in simulated sexual acts, 20 images of a soldier with a Swastika drawn between his eyes, 37 images of Military Working dogs being used in abuse of detainees and 125 images of questionable acts."
Coverage in arts
Fine arts
* In 2004, the International Center of Photography in New York and The Andy Warhol Museum
The Andy Warhol Museum is located on the North Shore (Pittsburgh), North Shore of Pittsburgh, Pennsylvania, in the United States. It is the largest museum in North America dedicated to a single artist. The museum holds an extensive permanent co ...
in Pittsburgh
Pittsburgh ( ) is a city in Allegheny County, Pennsylvania, United States, and its county seat. It is the List of municipalities in Pennsylvania#Municipalities, second-most populous city in Pennsylvania (after Philadelphia) and the List of Un ...
presented the photo exhibition "Inconvenient Evidence".
* The torture scandal was provocatively dealt with by the painter Fernando Botero
Fernando Botero Angulo (19 April 1932 – 15 September 2023) was a Colombian figurative artist and sculptor. His signature style, also known as "Boterismo", depicts people and figures in large, exaggerated volume, which can represent political ...
and was discussed controversially.
* The Museo di Roma in Trastevere
Trastevere () is the 13th of Rome, Italy. It is identified by the initials R. XIII and it is located within Municipio I. Its name comes from Latin ().
Its coat of arms depicts a golden head of a lion on a red background, the meaning of which i ...
showed cards by Susan Crile in the exhibition "Abu Ghraib. Abuse of Power" in 2007.
* Daniel Heyman showed portraits of victims of Abu Ghraib in the exhibition "I am Sorry It is Difficult to Start" at Brown University
Brown University is a Private university, private Ivy League research university in Providence, Rhode Island, United States. It is the List of colonial colleges, seventh-oldest institution of higher education in the US, founded in 1764 as the ' ...
in Providence in 2007.
* At the Berlin Biennale 2022, a labyrinth of horror constructed with photos by the French artist Jean-Jacques Lebel in the Rieckhallen of the Hamburger Bahnhof Museum caused a stir and a letter of protest from artists.
Film
* The Turkish feature film '' Valley of the Wolves: Iraq'' depicts torture scenes from Abu Ghraib.
* The documentary ''Standard Operating Procedure
A standard operating procedure (SOP) is a set of step-by-step instructions compiled by an organization to help workers carry out routine operations. SOPs aim to achieve efficiency, quality output, and uniformity of performance, while reducing mis ...
'' by Errol Morris impressively illuminates the story behind the images and gives perpetrators a voice.
* A documentary directed by Rory Kennedy called '' Ghosts of Abu Ghraib'' from 2007 gives both victims and perpetrators a voice and draws a comparison to the Milgram experiment
Beginning on August 7, 1961, a series of social psychology experiments were conducted by Yale University psychologist Stanley Milgram, who intended to measure the willingness of study participants to obey an authority figure who instructed the ...
.
* Photos of the scandal are shown in Alfonso Cuarón
Alfonso Cuarón Orozco ( ; ; born 28 November 1961) is a Mexican filmmaker. List of awards and nominations received by Alfonso Cuarón, His accolades include four Academy Awards, three Golden Globe Awards and seven BAFTA Awards.
Cuarón made h ...
's 2006 film '' Children of Men''.
* War film '' Boys of Abu Ghraib'' from 2014 directed by Luke Moran.
* In the 2021 feature film '' The Card Counter'' by director Paul Schrader
Paul Joseph Schrader (; born July 22, 1946) is an American screenwriter, film director, and film critic. He first became known for writing the screenplay of Martin Scorsese's ''Taxi Driver'' (1976). He later continued his collaboration with Scor ...
, the main character William Tell, played by Oscar Isaac
Óscar Isaac Hernández Estrada (born March 9, 1979) is an American actor. Recognized for his versatility, he has been credited with breaking stereotypes about Hispanic and Latino Americans, Latino characters in Cinema of the United States, H ...
, and Major John Gordo, played by Willem Dafoe, were previously involved in torture in Abu Ghraib.
Reactions

United States
Government response
The Bush administration did not initially readily acknowledge the abuses at Abu Ghraib. After the pictures were published and the evidence became incontrovertible, the initial reaction from the administration characterized the scandal as an isolated incident uncharacteristic of U.S. actions in Iraq. Bush described the abuses as the actions of a few individuals, who were disregarding the values of the US. This view was widely disputed, notably in Arab countries. In addition, the International Red Cross had been making representations about abuse of prisoners for more than a year before the scandal broke. Vice President Dick Cheney
Richard Bruce Cheney ( ; born January 30, 1941) is an American former politician and businessman who served as the 46th vice president of the United States from 2001 to 2009 under President George W. Bush. He has been called vice presidency o ...
's office had played a central role in eliminating limits on coercion in U.S. custody, commissioning and defending legal opinions that the administration later portrayed as the initiatives of lower-ranking officials.
On May 7, 2004, President Bush publicly apologized for the abuse of Iraqi prisoners at Abu Ghraib, stating that he was "sorry for the humiliations suffered by the Iraqi prisoners and the humiliations suffered by their families". In an appearance with King Abdullah II of Jordan
Abdullah II (Abdullah bin Hussein; born 30 January 1962) is King of Jordan, having ascended the throne on 7 February 1999. He is a member of the Hashemites, who have been the reigning royal family of Jordan since 1921, and is traditionally reg ...
, Bush said he had told the king that he was "equally sorry that the people that have been seeing those pictures did not understand the true nature and the heart of America, and I assured him that Americans like me didn't appreciate what we saw and it made us sick to our stomachs". Describing the abuse as "abhorrent" and "a stain on our country's honor and our country's reputation", Bush added that "those responsible for the maltreatment 'will be brought to justice and that he would prevent the occurrence of future abuses.
On the same day, United States Secretary of Defense
The United States secretary of defense (acronym: SecDef) is the head of the United States Department of Defense (DoD), the United States federal executive departments, executive department of the United States Armed Forces, U.S. Armed Forces, a ...
Donald Rumsfeld
Donald Henry Rumsfeld (July 9, 1932 – June 29, 2021) was an American politician, businessman, and naval officer who served as United States Secretary of Defense, secretary of defense from 1975 to 1977 under President Gerald Ford, and again ...
said the following in a hearing before the Senate Armed Services Committee
The Committee on Armed Services, sometimes abbreviated SASC for Senate Armed Services Committee, is a committee of the United States Senate empowered with legislative oversight of the nation's military, including the Department of Defen ...
:
He also commented on the very existence of the evidence of abuse:
Rumsfeld was careful to draw a distinction between abuse and torture
Torture is the deliberate infliction of severe pain or suffering on a person for reasons including corporal punishment, punishment, forced confession, extracting a confession, interrogational torture, interrogation for information, or intimid ...
: "What has been charged so far is abuse, which I believe technically is different from torture. I'm not going to address the 'torture' word."
Several senators commented on Rumsfeld's testimony. Lindsey Graham
Lindsey Olin Graham (; born July 9, 1955) is an American politician and attorney serving as the Seniority in the United States Senate, senior United States Senate, United States senator from South Carolina, a seat he has held since 2003. A membe ...
stated that "the American public needs to understand we're talking about rape and murder here." Norm Coleman
Norman Bertram Coleman Jr. (born August 17, 1949) is an American politician, attorney, and lobbyist. From 2003 to 2009, he served as a United States Senate, United States Senator for Minnesota. From 1994 to 2002, he was mayor of Saint Paul, Mi ...
said that "It was pretty disgusting, not what you'd expect from Americans". Ben Nighthorse Campbell said "I don't know how the hell these people got into our army".
James Inhofe, a Republican member of the U.S. Senate Committee on Armed Services, stated that the events were being blown out of proportion: "I'm probably not the only one up at this table that is more outraged by the outrage than we are by the treatment ... heyare not there for traffic violations. ... these prisoners—they're murderers, they're terrorists, they're insurgents. ... Many of them probably have American blood on their hands. And here we're so concerned about the treatment of those individuals."
Other senators such as Ron Wyden
Ronald Lee Wyden ( ; born May 3, 1949) is an American politician serving as the Seniority in the United States Senate, senior United States Senate, United States senator from Oregon, a seat he has held since 1996 United States Senate special el ...
said that, “I expected that these pictures would be very hard on the stomach lining, and it was significantly worse than anything that I had anticipated.”
On May 26, 2004, Albert Gore gave a sharply critical speech on the scandal and the Iraq War. He called for the resignations of Rumsfeld, National Security Advisor Condoleezza Rice
Condoleezza "Condi" Rice ( ; born November 14, 1954) is an American diplomat and political scientist serving since 2020 as the 8th director of Stanford University's Hoover Institution. A member of the Republican Party, she previously served ...
, CIA Director George Tenet
George John Tenet (born January 5, 1953) is an American intelligence official and academic who served as the Director of Central Intelligence (DCI) for the United States Central Intelligence Agency, as well as a Distinguished Professor in the Pr ...
, Deputy Secretary of Defense Paul Wolfowitz
Paul Dundes Wolfowitz (born December 22, 1943) is an American political scientist and diplomat who served as the 10th President of the World Bank, U.S. Deputy Secretary of Defense, U.S. Ambassador to Indonesia, and dean of Paul H. Nitze Scho ...
, Under Secretary of Defense for Policy Douglas J. Feith, and Under Secretary of Defense for Intelligence Stephen A. Cambone, for encouraging policies that led to the abuse of Iraqi prisoners and fanned hatred of Americans abroad. Gore also called the Bush administration's Iraq war plan "incompetent" and described Bush as the most dishonest president since Richard Nixon
Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States, serving from 1969 until Resignation of Richard Nixon, his resignation in 1974. A member of the Republican Party (United States), Republican ...
. Gore commented; "In Iraq, what happened at that prison, it is now clear, is not the result of random acts of a few bad apples. It was the natural consequence of the Bush Administration policy. The abuse of the prisoners at Abu Ghraib flowed directly from the abuse of the truth that characterized the administration's march to war and the abuse of the trust that had been placed in President Bush by the American people in the aftermath of Sept. 11th."
The revelations were also the impetus for the creation of the Fay Report, named for its lead author George Fay, as well as the Taguba Report.
Following the outcry, Major General Douglas Stone was assigned to oversee the reform of the U.S. detention system in Iraq. Conditions for detainees were reportedly improved by the time of U.S. withdrawal.
Media
Several periodicals, including ''The New York Times'' and ''The Boston Globe
''The Boston Globe,'' also known locally as ''the Globe'', is an American daily newspaper founded and based in Boston, Massachusetts. The newspaper has won a total of 27 Pulitzer Prizes. ''The Boston Globe'' is the oldest and largest daily new ...
'', called for Rumsfeld's resignation.
Right-wing radio host Rush Limbaugh
Rush Hudson Limbaugh III ( ; January 12, 1951 – February 17, 2021) was an American Conservatism in the United States, conservative political commentator who was the host of ''The Rush Limbaugh Show'', which first aired in 1984 and was nati ...
contended that the events were being blown out of proportion, stating that "this is no different than what happens at the Skull and Bones
Skull and Bones (also known as The Order, Order 322 or The Brotherhood of Death) is an undergraduate senior Secret society#Colleges and universities, secret student society at Yale University in New Haven, Connecticut. The oldest senior-class ...
initiation, and we're going to ruin people's lives over it and we're going to hamper our military effort, and then we are going to really hammer them because they had a good time. You know, these people are being fired at every day. I'm talking about people having a good time, these people, you ever heard of emotional release? You verheard of need to blow some steam off?" Conservative talk show host Michael Savage said, "Instead of putting joysticks, I would have liked to have seen dynamite put in their orifices", and that "we need more of the humiliation tactics, not less." He repeatedly referred to Abu Ghraib prison as "Grab-an-Arab" prison.
Iraqi response
The news website '' AsiaNews'' quoted Yahia Said, an Iraqi scholar at the London School of Economics
The London School of Economics and Political Science (LSE), established in 1895, is a public research university in London, England, and a member institution of the University of London. The school specialises in the social sciences. Founded ...
, as saying: "The reception f the news about Abu Ghraibwas surprisingly low-key in Iraq. Part of the reason was that rumors and tall stories, as well as true stories, about abuse, mass rape, and torture in the jails and in coalition custody have been going round for a long time. So, compared to what people have been talking about here the pictures are quite benign. There's nothing unexpected. In fact, what most people are asking is: why did they come up now? People in Iraq are always suspecting that there's some scheming going on, some agenda in releasing the pictures at this particular point." CNN reporter Ben Wedeman reported that Iraqi reaction to George W. Bush's apology for the Abu Ghraib abuses was "mixed": "Some people react dpositively, saying that he's come out, he's dealing frankly and openly with the problem and that he has said that those involved in the abuse will be punished. On the other hand, there are many others who say it simply isn't enough, that they—many people noted that there was not a frank apology from the president for this incident. And, in fact, I have a Baghdad newspaper with me right now from—it's called 'Dar-es-Salaam.' That's from the Islam Iraqi Islamic Party. It says that an apology is not enough for the torture ... of Iraqi prisoners."
General Stanley McChrystal, who held several command positions in the Iraq and Afghanistan wars, said that, "In my experience, we found that nearly every first-time jihadist claimed Abu Ghraib had first jolted him into action." He also said that, "mistreating detainees would discredit us. ... The pictures rom
Rom, or ROM may refer to:
Biomechanics and medicine
* Risk of mortality, a medical classification to estimate the likelihood of death for a patient
* Rupture of membranes, a term used during pregnancy to describe a rupture of the amniotic sac
* ...
Abu Ghraib represented a setback for America's efforts in Iraq. Simultaneously undermining U.S. domestic confidence in the way in which America was operating, and creating or reinforcing negative perceptions worldwide of American values, it fueled violence".
Global reaction
The cover of the British periodical, ''The Economist
''The Economist'' is a British newspaper published weekly in printed magazine format and daily on Electronic publishing, digital platforms. It publishes stories on topics that include economics, business, geopolitics, technology and culture. M ...
'', which had backed President Bush in the 2000 election, carried a photo of the abuse with the words "Resign, Rumsfeld".
The Bahraini English-language newspaper ''Daily Tribune'' wrote on May 5, 2004, that "The blood-boiling pictures will make more people inside and outside Iraq determined to carry out attacks against the Americans and British." The Qatari Arabic-language ''Al-Watan'' predicted on May 3, 2004 that due to the abuse, "The Iraqis now feel very angry and that will cause revenge to restore the humiliated dignity."
On May 10, 2004, swastika
The swastika (卐 or 卍, ) is a symbol used in various Eurasian religions and cultures, as well as a few Indigenous peoples of Africa, African and Indigenous peoples of the Americas, American cultures. In the Western world, it is widely rec ...
-covered posters of Abu Ghraib abuse photographs were attached to several graves at the Commonwealth
A commonwealth is a traditional English term for a political community founded for the common good. The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the 15th century. Originally a phrase (the common-wealth ...
military cemetery in Gaza City
Gaza City, also called Gaza, is a city in the Gaza Strip, Palestine, and the capital of the Gaza Governorate. Located on the Mediterranean coast, southwest of Jerusalem, it was home to Port of Gaza, Palestine's only port. With a population of ...
. Thirty-two graves of soldiers killed in World War I were desecrated or destroyed. In November 2008, Lord Bingham
Thomas Henry Bingham, Baron Bingham of Cornhill (13 October 193311 September 2010) was a British judge who was successively Master of the Rolls, Lord Chief Justice and Senior Law Lord. On his death in 2010, he was described as the greatest ju ...
, the former UK Law Lord
Lords of Appeal in Ordinary, commonly known as Law Lords, were judges appointed under the Appellate Jurisdiction Act 1876 to the British House of Lords, as a committee of the House, effectively to exercise the judicial functions of the House of ...
, describing the treatment of Iraqi detainees in Abu Ghraib, said: "Particularly disturbing to proponents of the rule of law is the cynical lack of concern for international legality among some top officials in the Bush administration."
Scholarly analysis
The 2007 book '' The Lucifer Effect'' by Philip Zimbardo
Philip George Zimbardo (; March 23, 1933 – October 14, 2024) was an American psychologist and a professor at Stanford University. He was an internationally known educator, researcher, author and media personality in psychology who authored mo ...
mentioned the abuses at Abu Ghraib to support the conclusions of the author's 1971 psychological Stanford Prison Experiment.
In 2008, scholars Alette Smeulers and Sander van Niekerk published an article entitled "Abu Ghraib and the War on Terror—a case against Donald Rumsfeld?". According to the authors, the September 11 attacks
The September 11 attacks, also known as 9/11, were four coordinated Islamist terrorist suicide attacks by al-Qaeda against the United States in 2001. Nineteen terrorists hijacked four commercial airliners, crashing the first two into ...
led to demands from the public that U.S. president George W. Bush take actions that would prevent further attacks. This pressure led to the launch of the War on Terror. Smeulers and van Niekerk argued that because the perceived enemies in the War on Terror were stateless individuals, and because the perceived threats included extreme strategies such as suicide bombing, the Bush administration was under pressure to act decisively in the War on Terror. In addition, these tactics created the perception that the "legitimate" techniques used in the Cold War
The Cold War was a period of global Geopolitics, geopolitical rivalry between the United States (US) and the Soviet Union (USSR) and their respective allies, the capitalist Western Bloc and communist Eastern Bloc, which lasted from 1947 unt ...
would not be of much use. The article noted that Vice President Dick Cheney
Richard Bruce Cheney ( ; born January 30, 1941) is an American former politician and businessman who served as the 46th vice president of the United States from 2001 to 2009 under President George W. Bush. He has been called vice presidency o ...
has stated that the United States " adto work sort of on the dark side", and that it had to "use any means at tsdisposal". Smeulers and van Niekerk opined that the abuses at Abu Ghraib constituted state-sanctioned crimes. Scholar Michelle Brown agreed.
A number of feminist academics have examined how ideas of masculinity and race likely influenced the violence perpetrated at Abu Ghraib. Laura Sjoberg, for example, has argued that the sexual humiliation of detainees was meant to mark "the victory of hegemonic American manliness over subordinated Iraqi masculinities." Similarly, Jasbir Puar’s book ''Terrorist Assemblages: Homonationalism in Queer Times'' (2007) examines the feminist, queer, and American government's response to the Abu Ghraib photographs. Puar draws upon queer theory
Queer theory is a field of post-structuralist critical theory that emerged in the early 1990s out of queer studies (formerly often known as gay and lesbian studies) and women's studies. The term "queer theory" is broadly associated with the study a ...
and biopolitics
Biopolitics is a concept popularized by the French philosopher Michel Foucault in the mid-20th century. At its core, biopolitics explores how governmental power operates through the management and regulation of a population's bodies and lives.
...
, among other frameworks, in her analysis and coins the term " homonationalism," short for "homonormative nationalism." She discusses ideas that the soldiers’ beliefs of American cultural supremacy over the "sexually repressed" and "homophobic" Muslim detainees were used to dehumanize the victims.
Repercussions
Convictions of soldiers
Twelve soldiers were convicted of various charges relating to the incidents, with all of the convictions including the charge of dereliction of duty
Dereliction of duty is a specific offense under United States Code Title 10, Section 892, Article 92 and applies to all branches of the US military. A service member who is derelict has willfully refused to perform their duties (or follow a given ...
. Most soldiers only received minor sentences. Three other soldiers were either cleared of charges or were not charged. No one was convicted for the murders of the detainees.
* Colonel Thomas Pappas was relieved of his command on May 13, 2005, after receiving non-judicial punishment for two instances of dereliction of duty, including that of allowing dogs to be present during interrogations. He was fined $8000 under the provisions of Article 15 of the Uniform Code of Military Justice (non-judicial punishment). He also received a General Officer Memorandum of Reprimand which effectively ended his military career. He did not face criminal prosecution.
* Lieutenant Colonel Steven L. Jordan became the second highest-ranking officer to have charges brought against him in connection with the Abu Ghraib abuse on April 29, 2006. Prior to his trial, eight of the twelve charges against him were dismissed, including two of the most serious, after Major General George Fay admitted that he did not read Jordan his rights before interviewing him. On August 28, 2007, Jordan was acquitted of all charges related to prisoner mistreatment and received a reprimand for disobeying an order not to discuss a 2004 investigation into the allegations.
* Specialist Charles Graner was found guilty on January 14, 2005, of conspiracy to maltreat detainees, failing to protect detainees from abuse, cruelty, and maltreatment, as well as charges of assault, indecency, adultery, and obstruction of justice. On January 15, 2005, he was sentenced to 10 years in prison, dishonorable discharge, and reduction in rank to private. Graner was paroled from the U.S. military's Fort Leavenworth prison on August 6, 2011, after serving six-and-a-half years.
* Staff Sergeant Ivan Frederick pleaded guilty on October 20, 2004, to conspiracy, dereliction of duty, maltreatment of detainees, assault and committing an indecent act, in exchange for other charges being dropped. His abuses included forcing three prisoners to masturbate. He also punched one prisoner so hard in the chest that he needed resuscitation
Resuscitation is the process of correcting physiological disorders (such as lack of breathing or heartbeat) in an Acute (medicine), acutely ill patient. It is an important part of intensive care medicine, anesthesiology, trauma surgery and emerg ...
. He was sentenced to eight years in prison, forfeiture of pay, a dishonorable discharge and a reduction in rank to private. He was released on parole in October 2007, after four years in prison.
* Sergeant Javal Davis pleaded guilty on February 4, 2005, to dereliction of duty, making false official statements, and battery. He was sentenced to six months in prison, a reduction in rank to private, and a bad conduct discharge. Davis had admitted to stepping on the hands and feet of a group of handcuffed detainees and falling with his full weight on top of them.
* Specialist Jeremy Sivits was sentenced on May 19, 2004, by a special court-martial to the maximum one-year sentence, in addition to a bad conduct discharge and a reduction of rank to private, upon his guilty plea. He died from COVID-19
Coronavirus disease 2019 (COVID-19) is a contagious disease caused by the coronavirus SARS-CoV-2. In January 2020, the disease spread worldwide, resulting in the COVID-19 pandemic.
The symptoms of COVID‑19 can vary but often include fever ...
in 2022.
* Specialist Armin Cruz was sentenced on September 11, 2004, to eight months' confinement, reduction in rank to private and a bad conduct discharge in exchange for his testimony against other soldiers.
* Specialist Sabrina Harman was sentenced on May 17, 2005, to six months in prison and a bad conduct discharge after being convicted on six of the seven counts. Previously, she had faced a maximum sentence of five years. Harman served her sentence at Naval Consolidated Brig, Miramar.
* Specialist Megan Ambuhl was convicted on October 30, 2004, of dereliction of duty. She was dishonorably discharged, reduced in rank to private, and ordered to forfeit half a month of pay.
* Private First Class Lynndie England was convicted on September 26, 2005, of one count of conspiracy
A conspiracy, also known as a plot, ploy, or scheme, is a secret plan or agreement between people (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder, treason, or corruption, especially with a political motivat ...
, four counts of maltreating detainees and one count of committing an indecent
Inappropriateness refers to standards or ethics that are typically viewed as being negative in a society. It differs from things that are illicit in that inappropriate behavior does not necessarily have any accompanying legal ramifications.
Co ...
act. She was acquitted on a second conspiracy count. England had faced a maximum sentence of ten years. She was sentenced on September 27, 2005, to three years' confinement, forfeiture of all pay and allowances, reduction to Private (E-1) and received a dishonorable discharge.[ England served her sentence at Naval Consolidated Brig, Miramar.] She was parole
Parole, also known as provisional release, supervised release, or being on paper, is a form of early release of a prisoner, prison inmate where the prisoner agrees to abide by behavioral conditions, including checking-in with their designated ...
d on March 1, 2007, after having served one year and five months.
* Sergeant Santos Cardona was convicted of dereliction of duty and aggravated assault, the equivalent of a felony in the U.S. civilian justice system. Cardona was sentenced to 90 days of hard labor, which he served at Fort Bragg
Fort Bragg (formerly Fort Liberty from 2023–2025) is a United States Army, U.S. Army Military base, military installation located in North Carolina. It ranks among the largest military bases in the world by population, with more than 52,000 m ...
, North Carolina
North Carolina ( ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, South Carolina to the south, Georgia (U.S. stat ...
. He was also fined and demoted. Cardona was unable to re-enlist due to his conviction. However, on September 29, 2007, Cardona left the Army with an honorable discharge. In 2009, he was killed in action while working as a government contractor in Afghanistan.[
* Specialist Roman Krol pleaded guilty on February 1, 2005, to conspiracy and maltreatment of detainees at Abu Ghraib. He was sentenced to ten months' confinement, reduction in rank to Private, and a bad conduct discharge.
* Specialist Israel Rivera, who was present during abuse on October 25, was under investigation but was never charged and testified against other soldiers.]
* Sergeant Michael Smith was found guilty on March 21, 2006, of two counts of prisoner maltreatment, one count of simple assault, one count of conspiracy to maltreat, one count of dereliction of duty and a final charge of an indecent act, and sentenced to 179 days in prison, a fine of $2,250, a demotion to private, and a bad conduct discharge.
Senior personnel
* Brigadier General Janis Karpinski, who had been commanding officer at the prison, was demoted to colonel on May 5, 2005. In a BBC
The British Broadcasting Corporation (BBC) is a British public service broadcaster headquartered at Broadcasting House in London, England. Originally established in 1922 as the British Broadcasting Company, it evolved into its current sta ...
interview, Janis Karpinski said that she was being made a scapegoat, and that the top U.S. commander for Iraq, General Ricardo Sanchez, should be asked what he knew about the abuse. Karpinski told a reporter in 2014 that, at the time, military intelligence personnel had informed her that 75 percent of the inmates were innocent of the crimes they had been accused of and had been detained simply by being in the wrong place at the wrong time. She later learned that this figure was closer to 90 percent.
* Donald Rumsfeld
Donald Henry Rumsfeld (July 9, 1932 – June 29, 2021) was an American politician, businessman, and naval officer who served as United States Secretary of Defense, secretary of defense from 1975 to 1977 under President Gerald Ford, and again ...
stated in February 2005 that as a result of the Abu Ghraib scandal, he had twice offered to resign from his post of Secretary of Defense, but U.S. President George W. Bush
George Walker Bush (born July 6, 1946) is an American politician and businessman who was the 43rd president of the United States from 2001 to 2009. A member of the Bush family and the Republican Party (United States), Republican Party, he i ...
declined both offers.
* Jay Bybee, the author of the Justice Department memo defining torture as activity producing pain equivalent to the pain experienced during death and organ failure, was nominated by President Bush to the Ninth Circuit Court of Appeals, where he began service in 2003.
* Michael Chertoff, who as head of the Justice Department's criminal division advised the CIA on the outer limits of legality in coercive interrogation sessions, was selected by President Bush to fill the cabinet-level vacancy at Secretary of Homeland Security created by the departure of Tom Ridge.
* Karpinski's immediate operational supervisor and Sanchez's deputy, Major General Walter Wojdakowski, was cleared of all charges, and was subsequently appointed Chief of the U.S. Army Infantry School at Fort Benning.
* Pappas's boss, Barbara Fast, was subsequently appointed Chief of the U.S. Army Intelligence Center at Fort Huachuca.[
]
The Final Report of the Independent Panel to Review Department of Defense detention operations specifically absolved U.S. military and political leadership from culpability: "The Panel finds no evidence that organizations above the 800th MP brigade or the 205th MI Brigade-level were directly involved in the incidents at Abu Ghraib."
Legal issues
International law
Since much of the abuse took place while Iraq was occupied by the United States under the Coalition Provisional Authority
The Coalition Provisional Authority (; , CPA) was a Provisional government, transitional government of Iraq established following the 2003 invasion of Iraq, invasion of the country on 19 March 2003 by Multi-National Force – Iraq, U.S.-led Co ...
(CPA), Common Article Two of the Geneva Conventions
upright=1.15, The original document in single pages, 1864
The Geneva Conventions are international humanitarian laws consisting of four treaties and three additional protocols that establish international legal standards for humanitarian t ...
(which governs rules applicable to international armed conflict) applied to the situation. Common Article Two states:
In addition to the provisions which shall be implemented in peacetime, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them.
The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance.
The United States has ratified the 1907 Hague Convention ''IV - Laws and Customs of War on Land'' and the Third and Fourth Geneva Convention
The Convention relative to the Protection of Civilian Persons in Time of War (), more commonly referred to as the Fourth Geneva Convention and abbreviated as GCIV, is one of the four treaties of the Geneva Conventions. It was adopted in August 1 ...
s, as well as the United Nations Convention against Torture. The Bush Administration took the position that: "Both the United States and Iraq are parties to the Geneva Conventions. The United States recognizes that these treaties are binding in the war for the 'liberation of Iraq.
The Convention Against Torture defines torture
Torture is the deliberate infliction of severe pain or suffering on a person for reasons including corporal punishment, punishment, forced confession, extracting a confession, interrogational torture, interrogation for information, or intimid ...
in the following terms:
According to Human Rights Watch
Human Rights Watch (HRW) is an international non-governmental organization that conducts research and advocacy on human rights. Headquartered in New York City, the group investigates and reports on issues including War crime, war crimes, crim ...
:
The International Committee of the Red Cross
The International Committee of the Red Cross (ICRC) is a humanitarian organization based in Geneva, Switzerland, and is a three-time Nobel Prize laureate. The organization has played an instrumental role in the development of rules of war and ...
(ICRC) concluded in its confidential February 2004 report to the Coalition Forces (CF) that it had documented "serious violations" of international law in connection with prisoners held in Iraq. The ICRD added that its report "establishes that persons deprived of their liberty face the risk of being subjected to a process of physical and psychological coercion, in some cases tantamount to torture, in the early stages of the internment process". There were several major violations described in the ICRC report. These included brutality against protected persons upon capture and initial custody, sometimes causing death or serious injury; absence of notification of arrest of persons deprived of their liberty to their families causing distress among persons deprived of their liberty and their families; physical or psychological coercion during interrogation to secure information; prolonged solitary confinement in cells devoid of daylight; excessive and disproportionate use of force against persons deprived of their liberty resulting in death or injury during their period of internment.
Some legal experts have said that the United States could be obligated to try some of its soldiers for war crime
A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hostage ...
s. Under the Third and Fourth Geneva Conventions, prisoners of war and civilians detained in a war may not be treated in a degrading manner, and violation of that section is a "grave breach". In a November 5, 2003 report on prisons in Iraq, the Army's provost marshal, Major General Donald J. Ryder, stated that the conditions under which prisoners were held sometimes violated the Geneva Conventions.
United Nations resolution 1546
In December 2005, John Pace, human rights chief for the United Nations Assistance Mission in Iraq (UNAMI), criticized the U.S. military's practice of holding Iraqi prisoners in Iraqi facilities such as Abu Ghraib. Pace stated that this practice was not mandated by UN Resolution 1546, according to which the U.S. government has claimed a legal mandate permitting its ongoing occupation of Iraq. Pace said, "All except those held by the Ministry of Justice are, technically speaking, held against the law because the Ministry of Justice is the only authority that is empowered by law to detain, to hold anybody in prison. Essentially none of these people have any real recourse to protection and therefore we speak ... of a total breakdown in the protection of the individual in this country."
Torture Memos
Alberto Gonzales and other senior administration lawyers argued that detainees at the Guantanamo Bay detention camp
The Guantanamo Bay detention camp, also known as GTMO ( ), GITMO ( ), or simply Guantanamo Bay, is a United States military prison within Naval Station Guantanamo Bay (NSGB), on the coast of Guantánamo Bay, Cuba. It was established in 2002 by p ...
and other similar prisons should be considered "unlawful combatant
An unlawful combatant, illegal combatant, or unprivileged combatant/belligerent is a person who directly engages in armed conflict and is considered a terrorist and therefore is deemed not to be a lawful combatant protected by the Geneva Conven ...
s" and were not protected by the Geneva Conventions
upright=1.15, The original document in single pages, 1864
The Geneva Conventions are international humanitarian laws consisting of four treaties and three additional protocols that establish international legal standards for humanitarian t ...
. These opinions were issued in multiple memoranda, known today as the "Torture Memos
A set of legal memoranda known as the "Torture Memos" (officially the Memorandum Regarding Military Interrogation of Alien Unlawful Combatants Held Outside The United States) were drafted by John Yoo as Deputy Assistant Attorney General of the ...
", in August 2002, by the Office of Legal Counsel (OLC) in the U.S. Justice Department
The United States Department of Justice (DOJ), also known as the Justice Department, is a United States federal executive departments, federal executive department of the U.S. government that oversees the domestic enforcement of Law of the Unite ...
. They were written by John Yoo, deputy assistant attorney-general in the OLC, and two of three were signed by his boss Jay S. Bybee. (The latter was appointed as a federal judge in 2003, starting March 21, 2003.) An additional memo was issued on March 14, 2003, after the resignation of Bybee, and just prior to the American invasion of Iraq. In it, Yoo concluded that federal laws prohibiting the use of torture did not apply to U.S. practices overseas. Gonzales observed that denying coverage under the Geneva Conventions, "substantially reduces the threat of domestic criminal prosecution under the War Crimes Act." Congresswoman Elizabeth Holtzman wrote that Gonzales's statement suggested that policy was crafted to ensure that the actions of U.S. officials could not be considered war crime
A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hostage ...
s.
Other legal proceedings
In '' Hamdan v. Rumsfeld'' (2006), the U.S. Supreme Court ruled that Common Article Three of the Geneva Conventions applied to all detainees in the War on Terror. It said that the military tribunals
Military justice (or military law) is the body of laws and procedures governing members of the armed forces. Many nation-states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states us ...
used to try these suspects were in violation of U.S. and international law. It said that the president could not unilaterally establish such tribunals, and that Congress needed to authorize a means by which detainees could confront their accusers and challenge their detention. At the time of the court's ruling, the U.S. fought in cooperation with recognized territorial governments (including the Islamic Republic of Afghanistan
The Islamic Republic of Afghanistan was a presidential republic in Afghanistan from 2004 to 2021. The state was established to replace the Afghan Afghan Interim Administration, interim (2001–2002) and Transitional Islamic State of Afghanist ...
and the Iraqi federal government) in the War on Terror against violent non-state actor
In international relations, violent non-state actors (VNSAs), also known as non-state armed actors or non-state armed groups (NSAGs), are individuals or groups that are wholly or partly independent of governments and which threaten or use viole ...
s, and therefore Common Article Three was binding upon the U.S. rather than Common Article Two.
On June 27, 2011, the U.S. Supreme Court declined to hear the appeals of lawsuits from a group of 250 Iraqis who wanted to sue CACI
CACI International Inc. (originally California Analysis Center, Inc., then Consolidated Analysis Center, Inc.) is an American multinational corporation, multinational professional services and information technology company headquartered in Nor ...
International Inc. and Titan Corp. (now a subsidiary of L-3 Communications), the two private contractors at Abu Ghraib, over claims of abuse by interrogators and translators at the prison. The suits had been dismissed by the lower courts on the grounds that the companies held a derivative sovereign immunity from suits based on their status as government contractors pursuant to a battle-field preemption doctrine.
On November 14, 2006, legal proceedings invoking universal jurisdiction
Universal jurisdiction is a legal principle that allows Sovereign state, states or International organization, international organizations to prosecute individuals for serious crimes, such as genocide, War crime, war crimes, and crimes against hu ...
were begun in Germany against Donald Rumsfeld
Donald Henry Rumsfeld (July 9, 1932 – June 29, 2021) was an American politician, businessman, and naval officer who served as United States Secretary of Defense, secretary of defense from 1975 to 1977 under President Gerald Ford, and again ...
, Alberto Gonzales, John Yoo, George Tenet
George John Tenet (born January 5, 1953) is an American intelligence official and academic who served as the Director of Central Intelligence (DCI) for the United States Central Intelligence Agency, as well as a Distinguished Professor in the Pr ...
and others for their alleged involvement in prisoner abuse under the command responsibility
In the practice of international law, command responsibility (also superior responsibility) is the legal doctrine of hierarchical accountability for war crimes, whereby a commanding officer (military) and a superior officer (civil) are legally r ...
. On April 27, 2007, the German Public Prosecutor General, Monika Harms, announced that the government would not pursue charges against Rumsfeld and the 11 other U.S. officials, stating the accusations did not apply, in part because there was insufficient evidence that the acts occurred on German soil, and because the accused did not live in Germany.
In June 2011, the Justice Department announced it was opening a grand jury investigation into CIA torture which killed a prisoner.
In June 2014, the U.S. court of appeals in Richmond, Virginia, found that an 18th-century law known as the Alien Tort Statute, allowed non-US citizens access to U.S. courts for violations of "the law of nations or a treaty of the United States". This would enable abused Iraqis to file suit against contractor CACI International. Employees of CACI International are being accused of encouraging torture and abuse as well as taking part in it as the four Iraqis contend that they were "repeatedly shot in the head with a taser gun", "beaten on the genitals with a stick", and forced to watch the "rape fa female detainee", during their time at the prison.
As of April 2024, an Alexandria, Virginia
Alexandria is an independent city (United States), independent city in Northern Virginia, United States. It lies on the western bank of the Potomac River approximately south of Washington, D.C., D.C. The city's population of 159,467 at the 2020 ...
federal civil jury was deliberating whether to hold CACI liable for its employees' torture of three Iraqi citizens at Abu Ghraib. The case ended in a hung jury
A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. A hung jury may result in the case being tried again.
Thi ...
, with the majority of jurors believing that CACI should be held responsible, and a second trial began on October 30. On November 12, 2024, the federal court found CACI Premier Technology liable for its involvement in the torture and ordered CACI to pay $3 million in compensatory damages to each of the three plaintiffs, plus $11 million each in punitive damages, for a total of $42 million. Although the court found that CACI employees did not directly take part in the human rights abuses, it concluded that interrogators had instructed the military police to "soften up" prisoners for questioning by mistreating them.
Military Commissions Act of 2006
Critics consider the Military Commissions Act of 2006 an amnesty law for crimes committed in the War on Terror by retroactively rewriting the War Crimes Act. It abolished habeas corpus
''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to ...
for foreign detainees, effectively making it impossible for detainees to challenge crimes committed against them.
Later developments
In 2010, the last of the prisons were turned over to the Iraqi government to run. An Associated Press
The Associated Press (AP) is an American not-for-profit organization, not-for-profit news agency headquartered in New York City.
Founded in 1846, it operates as a cooperative, unincorporated association, and produces news reports that are dist ...
article said
In September 2010, Amnesty International
Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says that it has more than ten million members a ...
warned in a report titled ''New Order, Same Abuses; Unlawful Detentions and Torture in Iraq'' that up to 30,000 prisoners, including many veterans of the U.S. detention system, remain detained without rights in Iraq and are frequently tortured or abused. Furthermore, it describes a detention system that has not evolved since Saddam Hussein's regime, in which human rights abuses were endemic with arbitrary arrests and secret detention common and a lack of accountability throughout the military forces. Amnesty's Middle East and North Africa director, Malcolm Smart went on to say: "Iraq's security forces have been responsible for systematically violating detainees' rights and they have been permitted. U.S. authorities, whose own record on detainees' rights has been so poor, have now handed over thousands of people detained by U.S. forces to face this catalogue of illegality, violence and abuse, abdicating any responsibility for their human rights."
On October 22, 2010, nearly 400,000 secret United States Army field reports and war logs, detailing torture, summary executions and war crimes, were passed on to the British paper, ''The Guardian
''The Guardian'' is a British daily newspaper. It was founded in Manchester in 1821 as ''The Manchester Guardian'' and changed its name in 1959, followed by a move to London. Along with its sister paper, ''The Guardian Weekly'', ''The Guardi ...
'', and several other international media organisations through the whistleblowing
Whistleblowing (also whistle-blowing or whistle blowing) is the activity of a person, often an employee, revealing information about activity within a private or public organization that is deemed illegal, immoral, illicit, unsafe, unethical or ...
website WikiLeaks
WikiLeaks () is a non-profit media organisation and publisher of leaked documents. It is funded by donations and media partnerships. It has published classified documents and other media provided by anonymous sources. It was founded in 2006 by ...
. Among other things, the logs detail how U.S. authorities failed to investigate hundreds of reports of abuse, torture, rape, and even murder by Iraqi police and soldiers, whose conduct appeared to be systematic and normally unpunished, and that U.S. troops abused prisoners for years even after the Abu Ghraib scandal.
In 2013, Associated Press
The Associated Press (AP) is an American not-for-profit organization, not-for-profit news agency headquartered in New York City.
Founded in 1846, it operates as a cooperative, unincorporated association, and produces news reports that are dist ...
stated that Engility Holdings, of Chantilly, Virginia
Chantilly is a census-designated place (CDP) in western Fairfax County, Virginia, United States. The population was 24,301 as of the 2020 census. Chantilly is named after an early-19th-century mansion and farm, which in turn took the name of an ...
, paid $5.28 million in a settlement to 71 former inmates held at Abu Ghraib and other U.S.-run detention sites between 2003 and 2007. The settlement was the first successful attempt by the detainees to obtain reparations for the abuses they had experienced.
In 2014, Abu Ghraib prison was closed indefinitely by the Iraqi government over concerns that ISIL would take over the facility.
In November 2024, more than two decades later, three former detainees of Abu Ghraib prison were awarded $42 million after a jury found CACI liable for conspiring with military police to inflict abuse on the prisoners.
Legal and accountability updates
In a landmark decision on November 12, 2024, a U.S. federal jury held the private military contractor CACI Premier Technology, Inc. liable for its role in the torture of detainees at Abu Ghraib prison during the Iraq War. The jury awarded $42 million in damages to three Iraqi plaintiffs—Suhail Al Shimari, Asa’ad Zuba’e, and Salah Al-Ejaili—who were subjected to severe abuse at the prison's "hard site," where the most egregious acts occurred. Each plaintiff received $3 million in compensatory damages and $11 million in punitive damages.
The plaintiffs alleged that CACI interrogators conspired with U.S. Army military police to "soften up" detainees for interrogation by subjecting them to cruel, inhuman, and degrading treatment. Although CACI employees were not accused of directly inflicting the abuse, the jury concluded that their actions facilitated the widespread mistreatment, violating international and U.S. laws such as the Geneva Conventions and Army Field Manual.
This verdict followed years of legal battles, including a mistrial earlier in 2024 when a previous jury failed to reach a unanimous decision. The case, ''Al Shimari et al. v. CACI'', faced numerous challenges over its 16-year history, including over 20 attempts by CACI to have it dismissed. The ruling marked a rare instance of accountability for private contractors involved in wartime abuses.
Despite this victory for the plaintiffs, broader systemic accountability remains elusive. The U.S. government has not established any official compensation program or apology for survivors of Abu Ghraib abuses, leaving hundreds of other victims without redress. This case underscores ongoing debates about corporate impunity and the need for stronger mechanisms to address wartime human rights violations.
See also
Incidents and coverage
* Bagram torture and prisoner abuse
In 2005, ''The New York Times'' obtained a 2,000-page United States Army investigatory report concerning the homicides of two unarmed civilian Afghans, Afghan prisoners by Military of the United States, U.S. military personnel in December 2002 at ...
* Camp Nama
* " Copper Green" (May 2004 Seymour Hersh
Seymour Myron Hersh (born April 8, 1937) is an American investigative journalist and political writer. He gained recognition in 1969 for exposing the My Lai massacre and its cover-up during the Vietnam War, for which he received the 1970 Pulitzer ...
article connecting abuse to alleged Black Ops program)
* Emad al-Janabi
* Human rights in post-invasion Iraq
* Iraq prison abuse scandals
* Maywand District murders
* Stanford prison experiment
* ''The Dark Side'' (book)
* '' Taxi to the Dark Side''
* '' The Lucifer Effect''
Other
* Criticism of the war on terror
Criticism is the construction of a judgement about the negative or positive qualities of someone or something. Criticism can range from impromptu comments to a written detailed response. , ''the act of giving your opinion or judgment about the ...
* Disarmed Enemy Forces
Disarmed Enemy Forces (DEF, less commonly, Surrendered Enemy Forces) is a US designation for soldiers who surrender to an adversary after hostilities end, and for those POWs who had already surrendered and were held in camps in occupied German ...
(redesignation of POWs after WWII to avoid having to obey international treaties on POW treatment)
* Human Rights Record of the United States
First issued in 1998, ''Human Rights Record of the United States'' is an annual publication by the State Council Information Office to counter the U.S. Department of State's Country Reports on Human Rights.
Overview
The 2011 report stated ...
* International Criminal Court and the 2003 invasion of Iraq
* Kampala Review Conference
* Legal issues related to the September 11 attacks
* List of photographs considered the most important
* List of war crimes
* Milgram experiment
Beginning on August 7, 1961, a series of social psychology experiments were conducted by Yale University psychologist Stanley Milgram, who intended to measure the willingness of study participants to obey an authority figure who instructed the ...
* Nuremberg principles
* Sexual assault in the United States military
* Superior orders
Superior orders, also known as just following orders or the Nuremberg defense, is a plea in a court of law that a person, whether civilian, military or police, should not be considered guilty of committing crimes ordered by a Officer (armed forces ...
* Torture in the United States
* United States and the International Criminal Court
* United States war crimes
This article contains a chronological list of incidents in the military history of the United States in which war crimes occurred, including the summary execution of captured enemy combatants, the prisoner abuse, mistreatment of prisoners duri ...
References
Further reading
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External links
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The Torture Archive
at The National Security Archive
*
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Center for Constitutional Rights: Justice for Abu Ghraib
(Legal Campaign Site)
U.S. government documents related to Abu Ghraib
{{DEFAULTSORT:Abu Ghraib Torture And Prisoner Abuse
George W. Bush administration controversies
Torture in the Iraq War
Sexual violence in the Iraq War
United States military prisoner abuse scandals
Photography in Iraq
Torture in the United States
Torture in Iraq
People subject to extraordinary rendition by the United States
Events that led to courts-martial
Wartime sexual violence
War crimes
Violence against women in Asia
Violence against men in Asia