Political appointees, CIA officers and former military personnel would not face prosecution for humiliating or degrading wartime prisoners under amendments to a war crimes law drafted by the Bush administration, the Washington Post reported on Wednesday.
But humiliations, degrading treatment and other acts specifically deemed as "outrages" by the international tribunal prosecuting war crimes in the former Yugoslavia -- such as placing prisoners in "inappropriate conditions of confinement," forcing them to urinate or defecate in their clothes, and merely threatening prisoners with "physical, mental, or sexual violence" -- would not be among the listed U.S. crimes, officials said.
"It's plain that this proposal would abrogate portions of Common Article 3," said Derek P. Jinks, a University of Texas assistant professor of law and author of a forthcoming book on the Geneva Conventions. The "entire family of techniques" that military interrogators used to deliberately degrade and humiliate, and thus coerce, detainees at Guantanamo Bay, Cuba, and at Abu Ghraib "is not addressed in any way, shape or form" in the new language authorizing prosecutions, he said.
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