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9 - Unwise Counsel: The War on Terrorism and the Criminal Mistreatment of Detainees in U.S. Custody

Published online by Cambridge University Press:  05 August 2012

By
David W. Bowker
Edited by
Karen J. Greenberg
David W. Bowker
Affiliation:
Counsel, International Litigation Group, Wilmer Cutler Pickering Hale and Dorr LLP, New York; Adjunct Professor, Benjamin N. Cardozo School of Law
Karen J. Greenberg
Affiliation:
New York University
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Summary

WITH GROUND ZERO STILL SMOLDERING, PRESIDENT BUSH BEGAN PREPARing the nation for a new kind of war intended to destroy al Qaeda's terrorist network by any means necessary. In a memorable visit to the Pentagon on September 17, 2001, the President told the U.S. Armed Forces to be “ready to defend freedom at any cost” and reminded them of their duty to “respond to the call of the Commander-in-Chief and the Secretary of Defense.” The President then used strong words to imply that the enemy in this new war may be sufficiently “barbaric” to justify “hunt[ing] them down” and taking no prisoners. Speaking directly to those under his command, he said:

All I can tell you is that Osama bin Laden is a prime suspect, and the people who house him, encourage him, provide food, comfort or money are on notice. … [W]e're going to find those who – those evil-doers, those barbaric people who attacked our country and we're going to hold them accountable. … I know that an act of war was declared against America. … I know that this is a different type of enemy than we're used to. It's an enemy that likes to hide and burrow in, and their network is extensive. There are no rules. It's barbaric behavior. They slit throats of women in airplanes in order to achieve an objective that is beyond comprehension. And they like to hit, and then they like to hide out.

But we're going to smoke them out. And we're adjusting our thinking to this new type of enemy. … It's going to require a new thought process. […]

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The Torture Debate in America , pp. 183 - 202
Publisher: Cambridge University Press
Print publication year: 2005

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