Scrutiny

Scott Horton on the Washington Post and WikiLeaks:

It’s also untrue that the new disclosures contain no “major revelations.” It will take some time to fully digest this material, but the disclosure of a Fragmentary Order (“Frago”) authorizing soldiers not to investigate cases of torture that do not involve coalition forces is extremely important. It counts as evidence of high-level policy to countenance war crimes and violations of the prohibition on torture, which requires not only investigation but also intervention. Recall this astonishing exchange that occurred between Rumsfeld and Chairman of the Joint Chiefs of Staff General Peter Pace at a DOD press conference in November 2005. Pace stated “it is absolutely the responsibility of every U.S. service member, if they see inhumane treatment being conducted, to intervene to stop it…” Rumsfeld interrupted and contradicted him, but Pace stood his ground. He was reciting well anchored military doctrine. He was also overruled by Rumsfeld.

The WaPo editors think this is “nothing,” but a court or tribunal examining the matter would likely come to a starkly different conclusion.