ABU GHARIB INCIDENT AND PROSECUTING WAR CRIMES IN AMERICAN LAW

Cilt: 10 Sayı: 1 1 Haziran 2006
M Yasin Aslan
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ABU GHARIB INCIDENT AND PROSECUTING WAR CRIMES IN AMERICAN LAW

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This article explains how the American service-members accused of committing war crimes in Abu Ghraib prison were prosecuted and discusses the various offenses that were charged as war crimes. The facts in this article are loosely based on an Army investigation into abuses allegedly committed by American service-members and civilians against Iraqi detainees at the Abu Ghraib prison in Iraq. During the course of investigation, the investigators detailed forty-four alleged instances of detainee abuse ranging from murdering and raping to humiliating and photographing detainees. During the investigation into these matters, several service-members made credible statements that the highest levels of command had given them both implicit and explicit orders to mistreat detainees. Several of the soldiers charged with mistreating prisoners at Abu Ghraib stated that they were only following orders. Trying U.S. service-members with war crimes under violations of treaties is uncharted territory. A prosecutor could charge the servicemembers with a violation of international law prohibiting law of war violations, effectively treating him as a war criminal. Doing so would be an open admission that an American service-member has violated international law. The decision to prosecute an American service-member with violations of the law of war by assimilating federal law is rife with political repercussions. Each of these offenses was charged under the Manual for CourtsMartial

Anahtar Kelimeler

Abu Ghraib incident,prosecuting war crimes in American Law,rape,failure to obey a lawful order or regulation,conspiracy,dereliction of duty,cruelty,maltreatment,torture,defenses

Kaynakça

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Kaynak Göster

APA
Aslan, M. Y. (2006). ABU GHARIB INCIDENT AND PROSECUTING WAR CRIMES IN AMERICAN LAW. Ankara Hacı Bayram Veli Üniversitesi Hukuk Fakültesi Dergisi, 10(1), 349-366. https://izlik.org/JA35HF47RA
AMA
1.Aslan MY. ABU GHARIB INCIDENT AND PROSECUTING WAR CRIMES IN AMERICAN LAW. HBV-HFD. 2006;10(1):349-366. https://izlik.org/JA35HF47RA
Chicago
Aslan, M Yasin. 2006. “ABU GHARIB INCIDENT AND PROSECUTING WAR CRIMES IN AMERICAN LAW”. Ankara Hacı Bayram Veli Üniversitesi Hukuk Fakültesi Dergisi 10 (1): 349-66. https://izlik.org/JA35HF47RA.
EndNote
Aslan MY (01 Haziran 2006) ABU GHARIB INCIDENT AND PROSECUTING WAR CRIMES IN AMERICAN LAW. Ankara Hacı Bayram Veli Üniversitesi Hukuk Fakültesi Dergisi 10 1 349–366.
IEEE
[1]M. Y. Aslan, “ABU GHARIB INCIDENT AND PROSECUTING WAR CRIMES IN AMERICAN LAW”, HBV-HFD, c. 10, sy 1, ss. 349–366, Haz. 2006, [çevrimiçi]. Erişim adresi: https://izlik.org/JA35HF47RA
ISNAD
Aslan, M Yasin. “ABU GHARIB INCIDENT AND PROSECUTING WAR CRIMES IN AMERICAN LAW”. Ankara Hacı Bayram Veli Üniversitesi Hukuk Fakültesi Dergisi 10/1 (01 Haziran 2006): 349-366. https://izlik.org/JA35HF47RA.
JAMA
1.Aslan MY. ABU GHARIB INCIDENT AND PROSECUTING WAR CRIMES IN AMERICAN LAW. HBV-HFD. 2006;10:349–366.
MLA
Aslan, M Yasin. “ABU GHARIB INCIDENT AND PROSECUTING WAR CRIMES IN AMERICAN LAW”. Ankara Hacı Bayram Veli Üniversitesi Hukuk Fakültesi Dergisi, c. 10, sy 1, Haziran 2006, ss. 349-66, https://izlik.org/JA35HF47RA.
Vancouver
1.M Yasin Aslan. ABU GHARIB INCIDENT AND PROSECUTING WAR CRIMES IN AMERICAN LAW. HBV-HFD [Internet]. 01 Haziran 2006;10(1):349-66. Erişim adresi: https://izlik.org/JA35HF47RA