No Comment — May 29, 2007, 7:25 am

Did Lord Goldsmith Authorize Detainee Abuse?

Over the last several years, the British Attorney General Lord Peter Goldsmith has been increasingly vocal in his criticism of Bush administration policies towards detainees stemming from the wars in Iraq and Afghanistan. He has condemned the detention system created in Guantánamo using rather sharp language, and he has repeatedly stated that the Third and Fourth Geneva Conventions applied.

While British forces have not been subject to abuse charges either as numerous or severe as their American allies, there have nevertheless been a number of incidents reported in the press. And there have been a number of court-martials, some with curious outcomes – dismissals following what appears to have been intervention from the Attorney General’s office.

London’s Independent now reports that Lord Goldsmith had a difference of opinion with the British Army’s chief law officer in Iraq, Lieutenant Colonel Nicholas Mercer, over the applicability of the Human Rights Act of 1998 to those taken into custody in Iraq. Colonel Mercer argued for the higher standard, in part out of concern for the migration of harsh tactics used by the Americans. The English Court of Appeal ultimately sustained his view as correct. Lord Goldsmith is now taking an appeal to the Judicial Committee of the House of Lords, where he is expected to make arguments much like those made by American authorities against the applicability of international treaty standards.

The airing of the underlying correspondence today in the Independent does more damage to Lord Goldsmith’s reputation, already tarnished by his mixed advice on the legality of the Iraq War from the outset.

Share
Single Page

More from Scott Horton:

Six Questions October 18, 2014, 8:00 pm

The APA Grapples with Its Torture Demons: Six Questions for Nathaniel Raymond

Nathaniel Raymond on CIA interrogation techniques.

No Comment, Six Questions June 4, 2014, 8:00 am

Uncovering the Cover Ups: Death Camp in Delta

Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp

From the June 2014 issue

The Guantánamo “Suicides,” Revisited

A missing document suggests a possible CIA cover-up

Get access to 164 years of
Harper’s for only $39.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

November 2014

Stop Hillary!

= Subscribers only.
Sign in here.
Subscribe here.

How the Islamic State was Won

= Subscribers only.
Sign in here.
Subscribe here.

Cage Wars

= Subscribers only.
Sign in here.
Subscribe here.

Everyday Grace

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
Stop Hillary!·

= Subscribers only.
Sign in here.
Subscribe here.

"What Hillary will deliver, then, is more of the same. And that shouldn’t surprise us."
Photograph by Joe Raedle
Article
Cage Wars·

= Subscribers only.
Sign in here.
Subscribe here.

"In the 1970s, “Chickens’ Lib” was a handful of women in flower-print dresses holding signs, but in the past decade farm hens have become almost a national preoccupation."
Photograph by Adam Dickerson/Big Dutchman USA, courtesy Vande Bunte Farms
Article
Paradise Lost·

= Subscribers only.
Sign in here.
Subscribe here.

"Suffering Sappho! Here we still are, marching right into yet another century with our glass ceilings, unequal pay, unresolved work and child-care balance, and still marrying, forever marrying, men."
Illustration by Anthony Lister
Article
Off the Land·

= Subscribers only.
Sign in here.
Subscribe here.

"Nearly half the reservation lives below the poverty line, with unemployment as high as 60 percent, little to no infrastructure, few entitlements, a safety net that never was, no industry to speak of, and a housing crisis that has been dire not for five years but since the reservation’s founding in 1855."
Illustration by Stan Fellows
Post
Introducing the November 2014 Issue·

= Subscribers only.
Sign in here.
Subscribe here.

Doug Henwood on stopping Hillary Clinton, fighters and potential recruits discuss the rise of the Islamic State, the inevitability of factory farming, and more

Cover photo by Reuters/Jonathan Ernst

Number of countries thought to possess chemical weapons:

14–16

Placebos are more effective if the drugs for which they stand in are said to be more expensive.

In Torrance, California, an African grey parrot named Nigel, who once spoke English with a British accent and had returned home after a four-year absence, began asking for someone named “Larry” and speaking Spanish.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

In Praise of Idleness

By

I hope that after reading the following pages the leaders of the Y. M. C. A. will start a campaign to induce good young men to do nothing. If so, I shall not have lived in vain.

Subscribe Today