By Timothy Wood
This e-book stories the character of the alleged abuse dedicated through the united kingdom army forces, exploring the criminal paradigm during which the abuse allegedly happened; the morality of these accused; and the robustness of the accusation of a 'policy of abuse'.
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Additional info for Detainee Abuse During Op TELIC: ‘A Few Rotten Apples’?
The extraterritorial application of ECHR dominates headlines in part because of the perceived impact upon the efficacy of military operations. However, to contextualise the allegations of abuse in the ECCHR/PIL communication another body of IHRL is arguably more pertinent: the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT). 80 The British government has adopted a narrower interpretation. 81 However, it argued that the obligation to prevent torture and abuse is only applicable in territory which is under UK jurisdiction.
94 Moreover, the referral to the SIWG of numerous training gaps, particularly within detention operations, is a damning indictment of the claimed progress. UNCAT purposely and necessarily focuses upon torture. Acts of ill-treatment that do not amount to torture are provided for in Article 16. Unfortunately, the provisions do not advance understanding of the precise meaning of cruel, inhuman or degrading treatment or punishment. Nowak and McArthurr identified the absence of purposive conduct and the powerlessness of the victim as the distinction between torture and lesser abuse.
The US-led coalition forces crossed the berm from Kuwait into Iraq on 20 March 2003. The principal Iraqi cities were captured during early April and on 1 May 2003 President George W Bush formally announced the end of major combat operations. 1 The process of de-Ba’athification began shortly thereafter with the unintended consequence of unravelling Iraqi civil society. In the absence of a comprehensive security structure previously supressed religious tensions and antipathies resurfaced. Militia groups with religious ideologies sought to exploit the anger and frustration felt by local communities as the coalition forces failed to deliver the average Iraqi from the privations of the Hussein regime.