United States the Taguba Report Case Study
Order ID: 89JHGSJE83839 Style: APA/MLA/Harvard/Chicago Pages: 5-10 Instructions:
Discussion
1.
a. How would you qualify the conflict in Iraq at the time of the alleged abuses? Is the international humanitarian law (IHL) of international armed conflicts applicable to all detainees mentioned in the Taguba report?
b. Does the report make a difference as to the treatment of the prisoners of war and that of the other detainees? Does it make a legal distinction? What is the status of those not considered as prisoners of war? Are they necessarily protected civilians? Civilian internees? What if they are detained for reasons not linked to the conflict? (GC III, Arts 4 and 5; GC IV, Arts 4, 76, 78 and 79)
c. Does the question whether the detainees were prisoners of war, civilians accused of offences or civilian internees, matter when evaluating whether the reported treatment violated IHL?
2. Qualify each of the abuse cases mentioned in the Taguba report in terms of IHL (Part One, paras 6-8). Which cases described in the report amount to torture? To ill-treatment? Is the distinction between torture and ill-treatment relevant for IHL? (GC III, Arts 17 and 130; GC IV, Arts 31, 32 and 147) Does this report qualify some violations as war crimes? In what circumstances does the report mention IHL or the Geneva Conventions?
3.
a. According to the Tabuga report, were the reported abuses cases of individual misbehaviour? The result of a lack of training and discipline tolerated by authorities and commanders? Standard interrogation procedure?
b. Could the treatment of individuals during interrogation as described be justified under Art. 5 of Convention IV?
c. When interrogators actively requested that MP guards set physical and mental conditions for favourable interrogation of witnesses (Part One, para. 10), is it an incitement to commit abuses? Is the incitement to commit a crime a violation of IHL or of other bodies of law? How does the report deal with the interrogators (from Military Intelligence or other agencies) behaviour?
d. What are the conditions and procedure of the ICRC for visiting detainees? Do they have a legal basis in IHL? Were they respected by the Coalition? Is the practice of ghost detainees (Part Two, para. 33, Findings and Recommendations) a violation of IHL? (GC III, Art. 126; GC IV, Art. 143)
4. What do you think about the recommendations made by MG Taguba in his report, following the specific findings he made? Do you think that measures such as the training of guards, displaying the Geneva Conventions in detention facilities, establishing sets of procedures, etc. are adequate and sufficient? What about the sanctions recommended in the report? Do you find them proportionate to the crimes committed? Who should be sanctioned for these abuses? Only the perpetrators? Also the commanders if they knew but did not act on this knowledge? Other higher-ranking officials? People who incited the commission of these abuses?
RUBRIC
Excellent Quality
95-100%
Introduction 45-41 points
The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned.
Literature Support
91-84 points
The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned.
Methodology
58-53 points
Content is well-organized with headings for each slide and bulleted lists to group related material as needed. Use of font, color, graphics, effects, etc. to enhance readability and presentation content is excellent. Length requirements of 10 slides/pages or less is met.
Average Score
50-85%
40-38 points
More depth/detail for the background and significance is needed, or the research detail is not clear. No search history information is provided.
83-76 points
Review of relevant theoretical literature is evident, but there is little integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are included. Summary of information presented is included. Conclusion may not contain a biblical integration.
52-49 points
Content is somewhat organized, but no structure is apparent. The use of font, color, graphics, effects, etc. is occasionally detracting to the presentation content. Length requirements may not be met.
Poor Quality
0-45%
37-1 points
The background and/or significance are missing. No search history information is provided.
75-1 points
Review of relevant theoretical literature is evident, but there is no integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are not included in the summary of information presented. Conclusion does not contain a biblical integration.
48-1 points
There is no clear or logical organizational structure. No logical sequence is apparent. The use of font, color, graphics, effects etc. is often detracting to the presentation content. Length requirements may not be met
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United States the Taguba Report Case Study