ABU GHRAIB AND THE ETHICAL DILEMMA 1 Abu ... - SSRN papers

ABU GHRAIB AND THE ETHICAL DILEMMA

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Abu Ghraib Scandal and the Ethical Dilemma Hassan Elkatawneh Doctor of Philosophy - Public Administration Chairman of the Board of Trustees of the Arab Organization for Mediation and Conflict Resolution Walden University May 12, 2014

Electronic copy available at: http://ssrn.com/abstract=2436266


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Abu Ghraib Scandal and the Ethical Dilemma Abstract This paper presents a discussion on the ethical dilemma that has emerged in the Abu Ghraib scandal, through philosophical theories to explain and describe the ethical issues, and a summary of the moral challenges and conflicts responsible. In addition, the presentation of the strategies that must to be followed by the U.S. military to maintain a responsible action. In the second section of the paper discusses the recommendations to address the issue, and the factors that will affect the implementation of the recommendations using a model of ethical decision-making, and the expected results if the U.S. military has carried recommendations. The latter part includes an explanation of violations of human rights and the lack of justice that accompanied the Abu Ghraib scandal.

Electronic copy available at: http://ssrn.com/abstract=2436266


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Abu Ghraib Scandal and the Ethical Dilemma In April of 2003, the U.S. forces managed to control of the Abu Ghraib prison after the destruction of Saddam's leadership. The U.S. military runs the prison under the command of Brigadier General, Janis Karpinski, Abu Ghraib has become a place that contains the terrorism suspects, and other prisoners who are arrested during military operations (Seymour, 2004). The world was shocked and outraged in April 2004 while media leaked on violations of physical, psychological, and sexual abuse images, included torture, rape, and murder against prisoners at the Abu Ghraib prison in Iraq, Where the scandal came out to the public and known as the torture scandal at Abu Ghraib prison. Those acts carried out by people from the American military police affiliated to the United States Army, as well as to other secret agencies. Iraqi prisoners subjected to human rights violations, abuse, and psychological assaults, physical, sexual, and involved torture, reports of rape, sodomy, and murder carried out by their jailers at Abu Ghraib prison. The scandal included many inhuman acts and violation of human ethics, particularly because Islamic law strictly prohibited gay acts, nudity, while the Jailers force the prisoners to strip naked and masturbate in front of each other. Where the military has been conducting an investigation, headed by Field Marshal Donald Ryder, and concluded that the prison during the war are usually less strict compliance with international standards of confinement, while Rider may cover up the inappropriately acts, which was taking place in Abu Ghraib. This judgment makes the military police specialist Joseph M. Darby to expose the situation by sending a CD full of images of torture under the door of the Division of Criminal Investigation in the army (The Washington Post, 2004), The result of the investigation and the following images and materials associated with the scandal a big impact on many of the low-ranking soldiers who were responsible for such acts.


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Prison sentences had been issued for 11 U.S. soldiers - three of them women. Wendy England the specialist in the Reservists American Army, within group 372 of the military police, where her face became a symbol of the scandal. Some pictures shown Wendy England holding a leash tied to one of the prisoners, which he is lying on the ground, and she appear in other pictures smoking a cigarette and pointing her finger to a naked prisoner, while his head covered by a bag. She also appear stood in another picture with her fiancé Charles Greiner behind a pyramid made up of the bodies of naked prisoners, where the two were laughing (Hosenball, Barry, & Dehghanpisheh, 2004). Pictures and reports published by many newspapers and popular news site have raised serious questions about the treatment of prisoners in Iraq, Afghanistan, and Guantanamo (Guantanamo) by American jailers and investigators. The core of the controversy is whether the abuses at Abu Ghraib had carried out a single unit of the military police, or whether it comes as a part of systematic torture and interrogation program developed by the U.S. Department of Defense. Where the Armed Services Committee in the U.S. Senate in 2008 undertook an investigation, concluded that the responsibility for the culture of abuse at Abu Ghraib back in the end to officials in the administration of U.S. President George W. Bush, including his defense secretary, Donald Rumsfeld. The culture of abuse motivated by policies that have brought message saying that the physical pressures and humiliation are considered appropriate treatment for detainees. In October 2004, Wendy England has condemned in a military trial in using sexual, physical, and psychological abuse against the Iraqi's war prisoners. She was sentenced to three years in prison with non-honorable demobilization from the army. She conditionally released in March 1, 2007, after spending 521 days from the judgment (The Washington Post, 2004),


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In view of the ethical issues, it can be identified and interpreted through the following philosophical theories “utilitarian and ethical realism," where it will be interpretation based on the approach that has been followed by the prison administration, by the U.S. administration as well as by jailers. As well as, the interpretations, that justified the unethical actions against prisoners at Abu Ghraib prison (Mastroianni, 2013). It is noteworthy that the Utilitarianism law recognizes the right of the utilitarianism sovereignty, which that may be require a certain procedures to produce a greater proportion of good to evil, and that devolves to the results of a large utilitarian. Utilitarian theory recognizes that the moral standard must enhances the long-term interests of all concerned. Based on that rule, lead to a formulation of a general rules in order to help to choose the necessary procedures to achieve their goals. Where this rule can be explained by the inhumane and harsh torture acts, which conducted by the military and police units, in order to but a pressure on the prisoners to provide information, and that would end the military operations in Iraq successfully. Moreover, to restore security, access to the military operations goals, as well as minimizing the risk to the U.S. solders in Iraq. Furthermore, reduce the opposition to military operations between the American people. All the explanations were based on interpretations made by all those involved in the scandal, in order to justify their actions. In other words, the goal is the victory of good over evil, even if through a violent behavior and the unethical acts (Mastroianni, 2013). Ethical realism, which recognizes the principle of less of two evils, where realism explains the logic in the choice between the least evil of the most evil. Ethical realism theory states that in the event of a conflict and an inability to avoid the ethical dilemma, where the decay of the options, one must decide which option to follow, therefore choose the least harmful solution (Rockmore, 2005).


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Based on the ethical realism theory, the interpretation of unethical acts carried out by the guards at Abu Ghraib prison is a less of two evils, which they admits to accept the wrong acts, but to avoid greater harm. On the grounds that the armed resistance to the U.S. military operations in Iraq could undermine the goals of the military operation and endanger the lives of U.S. soldiers, thus that the goal from the torture is to get the biggest necessary information, which that will help the American military operations to deal the Iraqi resistance. Thus, justify the unethical acts to achieve humanitarian goals and reduce the harm that might be exposed to the American soldiers. Ethical challenges and conflicts of responsibility represented in three levels: 

The challenge at the level of the U.S. administration to end the task successfully, and in a short time, in fewer losses, and thus make decisions that would facilitate the work of the troops. Which lead them to make unethical decisions in order to give the military operations in Iraq, a wide range of options, in order to reduce restrictions that limit their work, such as the use of torture, and psychological warfare with the prisoners in order to get the most information.

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The challenge at the level of the military leadership in formation and application of military plans effectively, in order to comply with the responsibilities that assigned to them successfully in a short time, and fewer losses. The use of the powers entrusted to them in the formation of plans and military operations that would increase the effectiveness of the soldiers. Furthermore, allow them to use an extensive field powers, and the adoption of certain behaviors with the prisoners, in order to obtain the necessary information in order to success in the military operations, such as the use of torture and psychological warfare with prisoners.

ABU GHRAIB AND THE ETHICAL DILEMMA 

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The challenge at the level of the soldiers is the implementation of processes assigned to them, and reduces the proportion of the dangers, and finish the job successfully in short time, and in fewer losses. The third level is the frontline, whether in the field of military operations, or in prison, where a high level of psychological and physical pressure on the soldiers. As well as a misunderstanding of the laws and military orders, which are reflected on them through aggressive and unethical acts, which pushed them to act in a way that is inhumane with prisoners (Seymour, 2004). Abu Ghraib prison scandal came as a result of ignoring the military attributes such as the

adjust of the security of self, Which resulted in a discontent greatly between individuals and nations signatory to the Geneva Convention. the scandal led the army to respond in an appropriate manner by conducting investigations on a large scale, follow some corrective action, which that will rehabilitate the status of the professional army, and reduce the risk of intelligence gathering, and to reduce the incidence similar to the Abu Ghraib scandal in the future (Rockmore, 2005). Military officials stated on certain of measures which will be conducted by the Army, such as unusual visit and inspections, and conducting an investigations, which that led the to condemn more than forty members of the military police, all of them ascribe to the military trials, in addition to that. The Ministry of Defense established a new administration to take care of the of the detainees affairs, and to review policies relating to arrest and detention. In addition, a new policy has been issued in order to promote adherence to the Geneva Conventions regarding prisoners. Furthermore, more steps have been taken to reduce the number of prisoners at Abu Ghraib prison, and the involvement of the multinational forces in supervising the detention centers. Other actions that have been taken in order to restructuring of the individuals within military units, and the creation of four new units for rotation in Iraq once every three years. The army has circulate the


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temporary interrogation policy, which that requires all soldiers and leaders to adhere to strict rules regarding the humane treatment of detainees, which required further training for soldiers on how to conduct investigations with the prisoners (Rebecca Leung, 2009). Strategy followed by the army to take responsibility and to avoid making unethical mistakes, can be summarized in the following steps: 

The recognition of the occurrence of errors in Abu Ghraib and condemnation this acts.

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Conduct inspections and investigations of with the individuals involved in the scandal.

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Prosecute suspects implicated in the scandal.

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The adoption of new policies and procedures that will improve the prison conditions, also to protect the prisoners from any violent actions during the investigation.

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The adoption of new policies and procedures that will improve the process of the investigation, in order to obtain intelligence produced.

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Create a new administration in Iraq to take care of prisoners and prisons.

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engaging multinational forces supervise and management of detention centers

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structural changes such as the increase in the number of Individuals and an increase in the number of units, which oversees the detention camps in Rotation

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training the soldiers on the operations of the investigation and the rules relating to the treatment of detainees

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Raise awareness among individuals, about the international conventions such as the Geneva Convention on the rights of detainees. Differing interpretations and cultural norms play a significant role in shaping moral

standards, in the case such as the war in Iraq. Therefore, each party justification their actions,


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according to their moral justifications for the violations that occurred at Abu Ghraib prison. This clearly demonstrates it in George W. Bush speech at the Republican National Convention, and the variation in opinion as it appears in a sermon, Sheikh Mohammed Bashir in Baghdad mosque (Kellenberger, 2004). "Free societies in the Middle East will be hopeful societies, which no longer feed resentments and breed violence for export.... The terrorists are fighting freedom with all their cunning and cruelty because freedom is their greatest fear—and they should be afraid, because freedom is on the march." —President George W. Bush, Republican National Convention, New York, September 2, 2004

"It was discovered that freedom in this land is not ours. It is the freedom of the occupying soldiers in doing what they like...abusing women, children, men, and the old men and women whom they arrested randomly and without any guilt. No one can ask them what they are doing, because they are protected by their freedom.... No one can punish them, whether in our country or their country. They expressed the freedom of rape, the freedom of nudity and the freedom of humiliation." —Sheik Mohammed Bashir, Friday prayers, Um al-Oura, Baghdad, June 11, 2004[

Based on the disparity of opinions to justify the war on Iraq, it is difficult to avoid the moral dilemma, and therefore, we cannot separate the main moral dilemma, which represented in the war on Iraq from the sub-moral dilemmas, such as Abu Ghraib scandal in considering and


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addressing these ethical issues. Based on the previous opinion, we supposed to consider the dilemma of moral holistic manner where each parties disputing finds the moral justifications to engage in violence against others. Therefore, the solutions should not depart from the decisions of the international community, also the role played by the United States as a policeman for the world in this war against IRAQ or other countries it is unethical role, where the justification of the high military power existence does not justify imposed on others (The Washington Post, 2004), In view of the Abu Ghraib scandal, the factors that drove the soldiers to conduct the violent actions, has greater effects than the factors that may reduce this actions, as the psychological conditions faced by U.S. soldier in the war field, different from the circumstances where the politicians face in their offices. The reality of the war in Iraq is a scary matter for soldiers, thus these conditions reflects on the psychological state of the U.S. troops, where the role of justice ends and replace by the role of revenge and psychological stress reliever. Therefore, we find that the images conscripts who have contributed in the scandal appear a cases of hysterical joy and sadistic in dealing with detainees, where we cannot find any justification for the joy looks in the eyes of conscripts during the torture process, but this actions stem from inside the person. Meanwhile the repudiation of these acts by senior leadership was because of their knowledge that the acts it is only the actions of individual non-systematic actions (Bartone, 2004). The most important recommendations, which can refer to it, in order to address the ethical issues in the case of the Abu Ghraib, prison as follows: 

Provide sufficient reasons to justify the war, we should not engage in any unjustified conflict, and therefore cannot justify any unethical acts committed by the soldiers if war itself is unethical.

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Providing appropriate psychological conditions that help perform tasks effectively.


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Raise the level of efficiency with military individuals.

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Raise awareness of individuals to the humanitarian objectives of the war if it is there.

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Law enforcement training practices for dealing with the detainees.

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Provide sufficient numbers of conscripts in order to mitigate the psychological and physical pressures.

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Follow the open-door policy, which is one of the most important features that help to reduce the activity of the guerrilla government employees.

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Must not to overlook of the law enforcement, therefore it will not give the opportunity to more ethical violations.

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The possible involvement of guerrilla government employees may cause in lifting of the challenges facing the forces and increase the proportion of the dangers that faced by the soldiers.

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Moral obligations may raise the possibility of the involvement of guerrilla government employees, especially if doors were closed (O’Leary, 2014).

Ethical Decision-Making Model The ethical decision-making is very sensitive as it requires skill and experience to explore the ethical aspects, and considerations that may affect the decision-making process, also decision-making requires the ability to apply the decisions and reformat if needed. The ethical decisions require further discussions and consultations with specialists; therefore, we must respect the different views, and consider them. In order to meet the ethical standards I suggest the following ethical framework for the ethical decision-making: Recognize an Ethical Issue

ABU GHRAIB AND THE ETHICAL DILEMMA 

Consider the ethical issue and the level of harm caused by the detainees

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Recognition the alternatives available to these unethical acts

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Get the Facts 

Identify the facts of the incident

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Identify the causes of the incident indirect

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Identify the parties involved incident

Evaluate Alternative Actions 

Evaluation of options which is less harmful

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identify the best options for all of the parties, and which maintain their rights

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identify the options that serve the objectives of the military operation in Iraq

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identified options that may reflect the Virtue approach to individuals

Make a Decision and Test It 

Test approach , which reflects the best options

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Attention to the feedback from the external environment

Act and Reflect on the Outcome 

Attention in the implementation of the decisions in the way they reflect greater degree of caution and to the concerns of stakeholders.

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What are the lessons that we learned from this ethical dilemma and the treatment stages (Cooper, 2012).


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Follow the proposed model for the decision-making process and recommendations help to reach a professional explanation for the course of action to be followed, as well as using this approach helps to reduce the hypothesis the end justifies the means, where it is some people to justify their illegal actions use the general feeling. Facilitate the procedures followed in determining the ethical dilemma helps to discover the circumstances relating to unethical conduct themselves and interpret the ambiguities that hover around the dilemma, and thus determine the best options to be followed in order to reach the best solutions less harmful to all parties. In addition to ensure the non-repetition of the same acts in the future, and to control the processing the ethical dilemma within the framework of the internal organization and therefore non-arrival of the dilemma for the press and media and reduce the dangers that might be exposed to soldiers in war zone (Bartone, 2005). Human Right Violations Under the occupation, the situation in Iraq was subject to the Hague rules of 1907, also subject to conventions. The third and fourth Geneva Conventions on March 28, 1955, most of the military and civilian prisoners arrested during military operations had ended. If there is a complaint regarding the status of any arrested person during that period should be submitted to the competent court as set out in article 5 of the third Geneva Convention to detainees who have committed hostile acts, including Suspects against coalition forces, detained as criminal. Detainees have the right to the allied forces that they can determine their destiny by military prosecutor during the 21 days of detention (Human Rights Watch, 2004). A distinction should be made between the detainee and the detainee did not violate the Civil Penal Code enacted by coalition forces, detained for security reasons (Human Rights Watch, 2004).


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According to the interpretation of the Fourth Convention, it is not permissible to arrest procedures collectively but each case was decided individually and follows the procedures to ensure humanitarian principles to have a civil prison for security reasons, the right to appeal the decision, and the right to appeal is renewed every six months (Human Rights Watch, 2004). In addition, that the use of torture and other forms of physical coercion against detainees is a violation of international humanitarian law and is prohibited. In addition, the evidence obtained by the occupying forces by coercion cannot be legally adopted. If practiced torture and inhumane treatment against detainees protected by international humanitarian law is a serious violation in accordance with the Geneva Conventions and international humanitarian law, whether in war or peace (Human Rights Watch, 2004). And thus can be called acts of war crimes by a competent tribunal, for the protection of persons must be at all times in a humane manner and that the occupation authorities as the prevention of torture and any form of inhuman treatment. Moreover, all States parties to the Geneva Conventions obliged to exercise its powers to investigate, prosecute and punish such violations (Human Rights Watch, 2004). The prohibition of torture was recognized in international humanitarian law during the conflict and has been reaffirmed in the international human rights treaties, both in times of peace and in times of armed conflict. It includes any practice of torture or cruel and degrading forms of abuse and violations of international human rights norms by the United States and Britain, which are both under civil and political rights and the Convention against torture and other forms of cruel and degrading treatment and punishment violations of the rights of detainees:


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The first appeal on the mistreatment of prisoners by occupation forces announced by international human rights bodies, including Amnesty International, may refer to several types of ill-treatment (such as beatings, electric shocks, sleep deprivation, suspension, forced to stand for long). He was also the Special Representative of the Secretary-General of the United Nations over the poor conditions of detention and treatment (Human Rights Watch, 2004). The second appeal around the highlights of the report instances of ill-treatment of detainees (such as cruel treatment leading to death or injury hide information about the families of the prisoners, use of means of physical coercion during interrogation, solitary confinement in a dark room, seizing personal items, hazardous conditions in comment) (Human Rights Watch, 2004). Lost Justice in Abu Ghraib Lost justice in the Abu Ghraib prison scandal lie in arbitrary measures, which were absent in dealing with prisoners of Iraqis who have not been proved to be involved in any violence, just because they are found in the wrong place, or just a similarity of their names, in some cases, women abuse and sexual harassment. The universal law of human rights ensures a fair trial, where we should not arrest individuals without charge and presenting them to the civilian courts (Human Rights Watch, 2004).


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