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Rules of War Controversy

big bad john

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From the Ottawa Citizen:

Soldiers violating rules of war, major argues
DND insists use of hoods, plastic handcuffs is OK since Afghan mission is a peacekeeping operation
 
a journalist
The Ottawa Citizen
February 12, 2005

Last January, soldiers from Third Battalion, Royal Canadian Regiment Battalion Group, captured suspects from a residential compound in Kabul and put them in plastic handcuffs and covered their faces with hoods. A senior Canadian officer raised the alarm over the treatment.
 
The Canadian Forces' practice of covering the heads of Afghan prisoners with hoods and using plastic handcuffs is an outdated way to handle captives and could violate the Geneva Convention, a senior military police officer warned last year.

But Department of National Defence officials say since that the Afghan mission is a peacekeeping operation, any prisoners taken by Canadian troops are not subject to the convention.

Maj. J.M. Wilson, commandant of the Canadian Forces Service Prison and Detention Barracks in Edmonton, raised concerns about the way detainees were being handled after he saw television footage last January of Canadian troops with Afghan captives. Sandbag covers had been put over the heads of the prisoners and they had been restrained using plastic ties known as flex-cuffs.

"I thought we had long outgrown this method of handling prisoners, and arguably, such treatment is contrary to the Geneva Convention," the commandant wrote in an e-mail to National Defence headquarters in Ottawa.

"Moreover, the flex-cuffs are known to cut off the circulation, must be checked regularly, and should normally only be used when other more appropriate restraints are unavailable."

Maj. Wilson suggested changes might be in order in the handling of prisoners, noting that soldiers instead should use proper handcuffs, belly chains or ankle restraints.

The response at headquarters to the commandant's concerns, however, was that since the Afghanistan operation was a peacekeeping mission, the detainees "are not subject to the Geneva Convention."

The records detailing the discussions between military officials were obtained by the Citizen under the Access to Information law.

The day before Maj. Wilson wrote his e-mail, paratroopers from the Third Battalion, Royal Canadian Regiment Battalion Group, captured detainees from a residential compound in southwest Kabul.

The raid, dubbed Operation Tsunami, took 17 people into custody. According to a Canadian military news release issued at the time, the soldiers assisted Kabul city police in seizing a suspected narcotics distribution site that also may have had connections with the Hezb-i-Islami-Gulbuddin terrorist group.

The use of hoods is one of several techniques that has been singled out by human rights groups who are concerned about abuses among U.S. forces in Afghanistan, Iraq and at the American detention facility at Guantanamo Bay, Cuba.

But Capt. Mark Giles, a spokesman for the Canadian Forces Provost Marshal, said the use of hoods and flex-cuffs are options open to troops in handling detainees. While he couldn't specifically speak about international missions, Capt. Giles said in some cases the use of particular devices is based on what equipment is available at the time and the circumstances of a situation.

"The use of that equipment is for everyone's safety and security," he said. "While we have to take proper care of prisoners, we also have to make sure our own troops are safe.

"The Canadian Forces military police and the Canadian Forces in general do subscribe to the Geneva Convention and we do think they are important and that detainees should be treated in accordance with them," he added.


Capt. Giles said he did not believe that the use of hoods or flex-cuffs are against the Geneva Convention and such equipment is not designed to harm detainees. "The use of hoods is there as an option, but it doesn't mean that detainees need to be hooded. The use of handcuffs or flex-cuffs is an option."

He said there have been few cases in the Canadian Forces where detainees have been taken into custody, and fewer in which they have been hooded. Canadian military police are sent on all international operations to provide expertise in the handling and proper treatment of detainees, he added.

The treatment of prisoners by U.S. forces in Iraq and Afghanistan has been a particularly controversial issue over the last several years. American news agencies, citing leaked memos, reported that in 2002, U.S. Defence Secretary Donald Rumsfeld issued orders allowing harsh interrogation techniques at Guantanamo Bay, including: Forcing prisoners into "stress positions"; interrogating them for 20 hours at a time; intimidating them with dogs; and forcing them to wear hoods during transportation and interrogation.

Pentagon officials, however, said that order was later rescinded. In April 2003, W. Hays Parks, special assistant to the U.S. army's Judge Advocate General, defended the use of hoods on prisoners, saying it was a method to prevent escape and prevent captives from gathering information. "They obviously can still breathe," he said. "It's not a matter of trying to abuse them in any way, it's a standard security procedure for most militaries, if not all, upon capture."

The Canadian Forces has re-emphasized training in the handling of prisoners in the wake of several high-profile incidents in the 1990s. During the 1993 mission to Somalia, Canadian paratroopers tortured and killed a 16-year-old Somali who was in their custody. There were other allegations of abuse of Somali detainees by soldiers on that operation.

In 1997, the military's National Investigation Service sent a team to Haiti to probe allegations that Canadian peacekeepers verbally abused and intimidated Haitians who had infiltrated the Canadian camp.

Canada expects to expand its presence in Afghanistan in the coming year, Defence Minister Bill Graham said on Thursday.

© The Ottawa Citizen 2005

 
Quote,
"Moreover, the flex-cuffs are known to cut off the circulation, must be checked regularly, and should normally only be used when other more appropriate restraints are unavailable."

Maj. Wilson suggested changes might be in order in the handling of prisoners, noting that soldiers instead should use proper handcuffs, belly chains or ankle restraints.


...well heres an example of someone in a position that does not have a clue, except maybe from a book, about handcuffing techniques when it comes to large un-happy groups.  I guess that one can assume this post is a staffing position and no previously experience necessary?
 
I can see it now.....on Maj Wilson's suggestion the Defence Budget will be increased so that we can purchase more long wheel base GWagens to carry all the Handcuffs and Dark Glasses we will now use to restrain future POWs and incarcerated Terrorist suspects.  ::)

GW
 
I'm going to agree with Big Bad John, there is no point to denigrating the guy simply by his appearance in the article.   For all we know, he could have been a JTF2 assaulter.   Let's pretend he is here and do him the professional courtesy of attacking his points rather then his person (we save that for government officials).

That being said, I think that the good Major's seat in DB doesn't give him the perspective that the guys on the ground in Kabul had.   His two chief concerns were really not valid in the environment that the soldiers were in:

1)   Flexcuffs were used due to the operational necessity required on the ground.   You couldn't have guys getting caught up lugging more cumbersome implements around for the sake of the comfort of a few detainees.   As Bruce, who uses them on a day-to-day basis, alludes to, the things aren't as technical as the Major seems to be making them out to be.

2)   Hoods were placed over the heads of the detainees.   The Major cited this as a violation of the Geneva Convention.   Last I checked, the Geneva Convention was aimed at uniformed PW's in war, not narco-warlords running their gang in Kabul.   As we've discussed before, the enemy of this "4th Generation War" does not fall into our nice and clear Westphalian preconceptions, so we can't put the blinders on and stick to methods which may be inappropriate.   As well, I'm sure the on-scene commander had a good operational justification for sand-bagging these guys, so I'll give him the benefit of the doubt.

I'm not sure what the real issue is - we did no harm to these guys with plastic cuffs and a sandbag hood.   Other then that, it appears we've hurt nothing but the Major's sensibilities, which I'm sure is the last thing on the mind of the guy at the pointy-end.   I think HQ realized that as well when they (appropriately) said "thanks" and binned the paper.

I agree with John.   Most likely armchair quarterbacking, "OK Sir", File 13, and back to the war.
 
The Geneva Conventions are written in reasonably plain text, not lawyerese, and can be understood by reasonable people.  They will tell anyone - soldier, civilian - all there is to know about when, where, and to whom the protections apply.

Then, of course, there is the bedrock intent: laws of war exist to minimize suffering and unnecessary violence, not be a straitjacket for operations.
 
Use of the flexicuffs is not illegal .. using the flexi cuffs to intentionally* cause injury is illegal. There's a measure of due diligence here. As for hoods, they are akin to blindfolds, perfectly acceptable under the laws of armed conflict while prisoners are in transit and may be exposed to sensitive locations, equipment and personnel.

I think the counter points to the issues raised by the Major could have been better explained, but my problem with happened here is as follows: unless he was asked for an opinion what the heck is he doing throwing his 2cents into it. One thing the army has a lot of access to are legal opinions on the laws of armed conflict. If NDHQ solicited an unqualified opinion from the CO of a prison, [and it really would be unqualified unless he's got a legal ticket] then one has to ask the question: what were they thinking? Now there's a story.    

edit *knowingly, wilfully blind or recklessly and without lawful authority.
 
The treatment was in accordance with establshed SOPs on Roto 0 and in fact POW handling within the CF,period. The prisioners were being transported to a location which they were not allowed to see for security reasons,hence the bags,flexicuff are an accepted method of restraint used world wide,even right here in Canada. The detainees were closely monitored during transport and when they reached their destination,provided with water and medical attention if required throughout the duration of captivity,they were fed the same food as the soldiers guarding them.There is nothing against any convention or protocal here,the entire mission was video taped and photographed by members of Combat Camera and records kept.
The Major's comments although seemingly well intentioned are off the mark and the headline is confusing as to the content of the article.There was no wrong doing here.
 
MG34... a perfect response. Rational, professional and gets the point across.

Thanks
Mike
 
Ok, I've cleaned up the thread, removing the silly bunfight that came out of it.

Note, there is no references to the articles author (a journalist) because he is the messenger (if you have questions, PM him - he is a member here).  As well, there are no personal attacks on the Major in question - attack his arguement, not his character.

If anyone wishes to add anything to this (as it certainly is an important topic to consider) by all means go ahead - be warned now that any barbs chucked at Major Wilson or issues with a journalist's journalistic approach will be taken down.
 
UK Forces certainly use plastic cuffs and hoods.  We point our weapons at them as well.
 
Most police tactical teams use flex cuffs. It's just not practical to carry 10+ sets of normal metal handcuffs. As well in the US for mass arrest from civil disobedience flex cuffs are commonly used. For violent detainees who might collude to try and escape and/or harm the captors using hoods can lessen the opportunities they have to act. Again also used by some police forces but not as often since violent struggle by a group once in custody is fairly rare.

I don't see the problem using such on operations overseas and the convention reference just seems like dropping pollitical words to try and stengthen an arguement or viewpoint.
 
Wars and situations are different.  In the First Gulf War, we used flexi cuffs and hoods on some prisoners.  During the South Atlantic War, the POWs were completely defeated and did not need to be restrained.  See the photos of the Argentinian POWs that I have posted as an example.
 
Flex-cuffs are standard equipment along with regular handcuffs for every member on the NLBPs as well, this major sounded like he was shocked they were in use by the CF.
 
I think the Major should go over to Kabul to personally supervise the detention, handling, and transport of all the violent murdering scumbags Afghanistan has to offer. Either that or refrain for sharpshooting soldiers on an op halfway round the world from the sheltered comfort of a desk in Edmonton.
 
The CDS was asked the very question about how we detain prisoners on CTV Question Period

Video here click link at left of article: http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/1108319442830_11?hub=Canada#

He says its is done properly with the safety of CF and anyone like the Afghan police we may work with. He also says they way we do it is the right way.

Guess it doesn't get more official then that.
 
As someone who does this sort of thing on a regular basis...there is nothing illegal about the use of flex cuffs and blindfolds/bags over the heads.
Not everyone carries handcuff keys with them...flex cuffs are lighter than belly chains and you can carry more.

I've served with with Maj Wilson before in the early 90's in 2 MPPl (he was the CO). This article kind of surprises me as he came over from the PPCLI or RCR (can't remember sorry) and at the time was the most aggressive MPO I've ever meet.

Wonder what happened?
 
The other side.

Top general defends bagging of captives' heads
 
Andrew McIntosh
National Post


Monday, February 14, 2005








Canada's chief of defence staff denied yesterday that Canadian peacekeepers serving in Afghanistan are mistreating prisoners when they pull bags over their heads and handcuff them when they're taken into custody.

Gen. Rick Hillier defended peacekeepers and their practice of either bagging the heads of Afghans or blindfolding them and restraining them with plastic handcuffs as entirely "appropriate" for security reasons.

The Citizen revealed Saturday that a senior Canadian military official had questioned the practices in an e-mail last year, suggesting that such handling of captives was outdated and could violate the Geneva Convention.

Gen. Hillier defended his troops during an appearance yesterday on CTV's Question Period.

Gen. Hillier said the concerns outlined in the 2004 e-mail by Maj. J.M. Wilson, commandant of the Canadian Forces Service Prison and Detention Barracks in Edmonton, were unfounded.

"If there's any country whose soldiers -- men and women -- treat detainees in the appropriate manner, I guarantee you it's ours," Gen. Hillier said.

"When we put something over someone's head or blindfold them, it's for the protection of other folks to ensure that, in this case, that the individual does not see the Afghan police, or security personnel, who were involved in his detention and therefore perhaps prevent him from taking out some harm on them later on in life.

"We try to protect everybody involved. We do it with reasonable precautions and we look after the individuals we're involved with. We do it right," Gen. Hillier added.

Maj. Wilson raised concerns after he saw television footage last January of Canadian troops with their Afghan captives. Sandbag covers had been pulled over their heads. They were also restrained using plastic ties known as "flex-cuffs."

"I thought we had long outgrown this method of handling prisoners, and arguably, such treatment is contrary to the Geneva Convention," the commandant stated in his e-mail to Defence Headquarters in Ottawa.

Military commanders told him since the Afghanistan operation was a peacekeeping mission, the detainees "are not subject to the Geneva Convention." The documents detailing discussions between military officials were obtained by the Citizen under the Access to Information Act.

© The Ottawa Citizen 2005
 
As someone who does this sort of thing on a regular basis...there is nothing illegal about the use of flex cuffs and blindfolds/bags over the heads.
Not everyone carries handcuff keys with them...flex cuffs are lighter than belly chains and you can carry more.

I've served with with Maj Wilson before in the early 90's in 2 MPPl (he was the CO). This article kind of surprises me as he came over from the PPCLI or RCR (can't remember sorry) and at the time was the most aggressive MPO I've ever meet.

Wonder what happened?
  That's faily obvious isn't it??????
 
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