Superior responsibility for acts of torture committed by subordinates under International Criminal Law : the case of U.S. abuse against Iraqi Prisoners

The paper deals with the abuse and tortures committed at Abu Ghraib by american soldiers on Iraqi prisoners that have become ‘famous’ worldwide, being documented by a large number of photos taken by the same soldiers actually involved in the torture practices. The repeated and systematic occurrence of acts of abuse against detainees in Iraq (or in other places, as Afghanistan) implies some legal questions regarding the criminal accountability of the subjects involved, from the ordinary soldier, direct perpetrator of the offences, up along the chain of command. More specifically, declarations such as Colonel T. admission that he knew his soldiers used the ‘claustrophobic technique’, and was therefore aware of the physical abuse that occurred but did not intervene to stop them, raise substantial questions that need to be addressed. No doubt a soldier who intentionally commits torture is responsible for his actions, but what about the officer that ordered, approved or failed to intervene when he knew that torture was occurring? the author argues that the unlawful interrogation techniques used by U.S. military personnel in Iraq and Afghanistan should be viewed as the result of decisions taken at the highest levels, and of failure to prevent and punish such crimes. Therefore responsibility should be attributed accordingli to the higher echelons, also at the political level, along with the actual perpetrators of the criminal acts.