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

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.

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