The Masquerade of Abu Ghraib: State Crime, Torture, and International Law

353 Pages·2017·8.09 MB·English

by  Dawn Rothe

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7-2006
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Dawn Rothe
Western Michigan University
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Rothe, Dawn, "The Masquerade of Abu Ghraib: State Crime, Torture, and International Law" (2006).
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THE MASQUERADE OF ABU GHRAIB:
STATE CRIME, TORTURE, AND
INTERNATIONAL LAW
by
Dawn Rothe
A Dissertation
Submitted to the
Faculty of The Graduate College
in partial fulfillment of the
requirements for the
Degree of Doctor of Philosophy
Department of Sociology
Dr. Ronald C. Kramer, Advisor
Western Michigan University
Kalamazoo, Michigan
July 2006
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THE MASQUERADE OF ABU GHRAIB:
STATE CRIME, TORTURE, AND
INTERNATIONAL LAW
Dawn Rothe, Ph.D.
Western Michigan University, 2006
On April 28, 2004, pictures of abuse and torture of Iraqi detainees at Abu
Ghraib prison by U.S. military personnel shocked many Americans. In the wake of
the images, it became clear that several military personnel were involved in the acts
of torture and abuse. This dissertation explores the interconnections of larger
structural factors, state policies, and individual actors in an attempt to understand how
and why torture and abuse occurred at Abu Ghraib. It builds upon an integrated
theoretical model of state and corporate crime. The dissertation revises this model so
that it can better address the complexities of state crime within the international arena.
The findings suggest that despite unequivocal individual responsibility, this was not
simply a case of a few individual acts committed by rogue soldiers. Rather, a
thorough investigation and criminological analysis of the reasons and forces behind
the torture at Abu Ghraib suggest that the Executive Branch, the Pentagon, CIA, and
Military Commanders bear culpability for the way in which their policies and
demands for intelligence altered the traditional handling of prisoners.
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UMI Number: 3221656
Copyright 2006 by
Rothe, Dawn
All rights reserved.
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Copyright by
Dawn Rothe
2006
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ACKNOWLEDGMENTS
I would like to thank Barry Goetz, Susan Carlson, and Don Cooney for
agreeing to take time out of their busy schedules to serve on my dissertation
committee; your valuable insight and advice is appreciated and guided the finished
product. I especially want to thank Susan for being more than a committee or faculty
member; your friendship has made a difference in my life and I am grateful for all the
times we have shared. I also want to thank Gregg Barak for his invaluable
suggestions and support. Gregg, I am grateful for the time you took to read, edit, and
comment on earlier drafts. Also, thank you for help in coming up with the title. The
context of the collaboration and title creation was special to me. Thanks also to Hope
Smith for her excellent copy-editing and formatting.
I also want to thank my chair and mentor, Ron Kramer. You have given me
more than I can express in this acknowledgment. I thank you for the past several
years that you have generously mentored, guided, and supported me. You shared in
my joy and wiped many tears; you have been more than an exceptional mentor. While
I accept all my shortcomings as my own, many of my strengths and accomplishments
are a reflection of all that you have taught and shared with me. I will take your
wisdom and guidance that you have shared with me as I move forward into my
academic life. I can only hope that someday I am half the mentor that you have been
for me.
ii
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Acknowledgments—Continued
A heartfelt thank you is also given to Karen Jobe and Dave Kauzlarich. Karen,
without you, your teaching passion, and support, I would have stopped with an
associate degree. Thank you for your encouragement and for helping me find the
sociological path. Please always know as you enter that classroom, you do make a
difference. To Dave, thank you so much for your mentoring, support, and friendship.
Without you I may never have been turned onto crimes of the state. Additionally,
your networking for and with me greatly influenced my academic life. Without you I
would never have ended up at Western Michigan University or holding a doctorate
degree.
Words cannot express the gratitude I feel for an amazing friend that has truly
been my rock for the past several years: Christopher W. Mullins. Chris, I do not know
where to begin. Thank you for your never-ending friendship and support. I consider
you my academic better half. You are truly an amazing cohort, co-author, and lifelong
friend. I am so glad we have shared so much Kool-aid, Salud.
I thank my children. You make me so proud. Thank you for supporting me
through these difficult times and for listening even if you did not understand the ups
and downs I was going through. My greatest pride in this life is and shall always be
each of you. I thank you Christopher, Nathan, and Hahnna for your love and for being
three amazing people. We have endured much together and I am grateful.
iii
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Acknowledgments—Continued
Last but by no means least, along my journey many people have made an
impact. I do not take it lightly. I have tried to let you know along the way; if I failed
to do so, allow me to thank you now.
Dawn Rothe
iv
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TABLE OF CONTENTS
ACKNOWLEDGMENTS........................................................................................... ii
LIST OF FIGURES...................................................................................................... x
CHAPTER
I. INTRODUCTION........................................................................................... 1
Literature Review........................................ 4
State Theories...................................................................................... 5
Political Entities.................................................................................. 11
State Crime Literature Review................................................................. 14
Definitional Issues I: Individual Versus State Entity.................... 17
Definitional Issues II: Standards to Be Used.................................. 20
State-Corporate Crimes..................................................................... 25
Transnational Organizations............................................................. 27
II. THEORY........................................................................................................... 30
The Dialectic of Structure and Agency.................................................. 30
An Integrated Model of State Crime...................................................... 33
Division of Controls and Constraints............................................... 37
Fourth Level of Analysis................................................................... 43
Method........................................................................................................ 48
Data Sources....................................................................................... 50
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Table of Contents—Continued
CHAPTER
III. INTERNATIONAL LAW.............................................................................. 53
History......................................................................................................... 53
Customary Law, Jus Cogens, and Erga Omnes.............................. 57
War Crimes................................................................................................. 58
Torture......................................................................................................... 62
Enemy Combatants................................................................................... 68
POW Status.......................................................................................... 68
United States Legal Codes........................................................................ 73
Summary..................................................................................................... 79
IV. HISTORICAL BACKGROUND.................................................................. 80
Neoconservatives and the Unipolar Moment........................................ 81
The Bungled 2000 Election..................................................................... 86
Post September 11th and the War on Terrorism..................................... 87
Afghanistan................................................................................................ 89
Guantanamo............................................................................................... 93
Torture Memos........................................................................................... 97
The Iraq Build-up...................................................................................... 104
Iraq Occupation......................................................................................... 107
Summary..................................................................................................... 113
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