Abstract

http://ssrn.com/abstract=2103936
 


 



Military Accountability (or the Lack Thereof) for Detainee Abuse: The Instructive Case of Mohammed Jawad


David Jason Rankin Frakt


US Air Force JAG Corps Reserve; University of Pittsburgh - School of Law

July 2011

University of San Francisco Law Review, Vol. 45, 873 (2011)

Abstract:     
Based on my personal experience at Guantánamo, as military defense counsel for Afghan detainee Mohammed Jawad, this article evaluates the oft-repeated assertion by both the Bush and Obama Administrations that the Department of Defense takes all allegations of deatinee abuse seriously, investigates thoroughly and takes appropriate disciplinary action to hold those responsible accountable. This article explains that the military has not taken demonstrably proven incidents of detainee abuse seriously and ignored their own regulations and guidance, such as in the Pentagon's failure to investigate the sleep deprivation program known as the "frequent flyer" program, which was used on Mohammed Jawad. The article further finds that where the military has investigated incidents of abuse, it has frequently failed to take appropriate corrective and disciplinary action. The article concludes that criticisms expressed by the human rights organizations about the government's failure to adequately investigate detainee abuse and hold persons accountable are well-founded.

Number of Pages in PDF File: 28

Keywords: Guantanamo, torture, sleep deprivation, detainee abuse, military commissions

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Date posted: July 12, 2012  

Suggested Citation

Frakt, David Jason Rankin, Military Accountability (or the Lack Thereof) for Detainee Abuse: The Instructive Case of Mohammed Jawad (July 2011). University of San Francisco Law Review, Vol. 45, 873 (2011). Available at SSRN: http://ssrn.com/abstract=2103936

Contact Information

David Jason Rankin Frakt (Contact Author)
US Air Force JAG Corps Reserve ( email )
United States
University of Pittsburgh - School of Law ( email )
3900 Forbes Ave.
Pittsburgh, PA 15260
United States

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