27 Cited in Mark Danner, ‘Taking Stock of the Forever War’, New York Times Magazine, 1 September 2005. 28 From bin Laden’s 29 October 2004 tape ‘The Towers of Lebanon’, cited in Bruce Riedel, ‘Al-Qaeda Five Years after the Fall of Kandahar’, The Brookings Institution, 18 January 2007. See also Danner, ‘Taking Stock’.29 See Thomas Ricks, Fiasco: The American Military Adventure in Iraq(New York: Penguin 2006). 30 See Lewis L. Lehrman and William Kristol, ‘Crush the Insurgents in Iraq’, Washington Post, 23 May 2004. 31 See US Army, Counterinsurgency, Field Manual No. 3-24, Marine Corps Warfighting Publication No. 3-33.5, Headquarters: Department of the Army, Washington DC, 15 December 2006, para. 1-45.32 For the State Department recom-mendation, see Secretary of State Colin L. Powell, ‘Memorandum re Draft Decision Memorandum for President on the Applicability of the Geneva Convention to the Conflict in Afghanistan’, 26 January 2002,http://etn/gonzales/memos_dir/memo_20020126_Powell_WH%20.pdf. 33 This was the view of Lord Johan Steyn, a member of Britain’s highest court, who added that ‘as a lawyer brought up to admire the ideals of American democracy and justice, I would have to say that I regard this as a monstrous failure of justice’. See Lord Johan Steyn, remarks to the British Institute of International and Comparative Law, Twenty-seventh F.A. Mann Lecture, 25 November 2003, available at .barhumanrights.org.uk/pdfs/FA_Mann_lecture1Dec03.pdf.34 See Assistant Attorney General Jay S. Bybee, ‘Memorandum for Alberto R. Gonzales, Counsel to the President, re Standards of Conduct for Interrogation Under 18 U.S.C.
42 | Philip H. Gordon&&2340-2340A’, 1 August 2002, http://fl1.findlaw.com/news.findlaw.com/nytimes/docs/doj/bybee80102mem.pdf; reprinted in Karen J. Greenberg and Joshua L. Dratel, The Torture Papers: The Road to Abu Ghraib(New York: Cambridge University Press, 2005), pp. 172–217.35 See the Bybee memo as well as the discussion in Joseph Margulies, Guantanamo and the Abuse of Presidential Power (New York: Simon & Schuster, 2006), p. 90. 36 In Rasul v. Bush, a case that involved an Australian and two British citizens captured in Afghanistan, the court rejected the Bush administration’s argument that US law had no jurisdic-tion in Guantanamo, ruling that even non-US prisoners there should have access to the court system. In Hamdi v. Rumsfeld, a case that involved a US citizen captured in Afghanistan, the court ruled that the administration had the right to declare US citizens ‘enemy combatants’ but that such prisoners had to be able to appeal that designation before an impartial judge.37 See Supreme Court of the United States, Hamdi et al. v Rumsfeld. et al., October Term, Argued 28 April 2004, Decided 28 June 2004. 38 The story was broken by the CBS news-magazine 60 Minutes II, which aired its report on 28 April 2004, and by Seymour Hersh, whose article ‘Torture at Abu Ghraib’ was posted on-line on 30 April and appeared in the 10 May 2004 issue of the New Yorker. See also Seymour Hersh, Chain of Command: The Road from 9/11 to Abu Ghraib(New