A Policy of Abuse

Abstract

The most injurious allegation against the British government is of systemic and systematic abuse against Iraqi detainees. The elements of systematicity are analysed by reference to the communication and international jurisprudence, including the ICTY case of Blaskic. The absence of a ‘policy of abuse’ is asserted, exposing the vulnerability of the central allegation. In contrast, assessment of certain practices, including the ‘wetting’ of lotters and questionable interrogation techniques by the JFIT, is indicative of formulaic, structured and repeated approaches interpretable as systemic abuse. The importance of Ali Zaki Mousa No 2 is reviewed, including judicial direction to establish a quasi-coronial process to investigate the circumstances of civilian deaths and a Parliamentary Committee to scrutinise systemic issues rather than order an over-arching public inquiry.