In her text, Dr. Laleh Khalili,
specialist researcher in the fields of policing and incarceration, describes
how incarceration is going in counterinsurgencies. This specific kind of
warfare is very interesting to study, since it is not clearly controlled by
international Law. It often leads to serious abuse to human rights and to the
dignity of fighters. The author raises several questions that are, as for me,
absolutely determining for the study of counterinsurgencies.
First of all, what all
counterinsurgencies have in common in the second part of the 20th
century is that they constantly lead to human rights abuses. The main problem
for the “government” side, which has to fight rebels whether they are from its
own country or not, is the need for information. Actually, in all kind of
warfare, one army needs to gather intelligence to plan efficient attacks
against its enemy’s forces. But in the case of counterinsurgencies, the enemy
is not a country, it is usually a heterogeneous group of people, which it is
difficult to know whether the population is involved with or not, and even
sometimes without a known head with a name on it. To lead a war efficiently,
you have to know who you are fighting. And that is the point where confinement
is involved. This specific kind of confinement has as a main target to get
information from the “detainee”. In this objective, torture is a “common” way
to get this information. The second way human rights are abused in those
prisons is the second main characteristic of counterinsurgencies. This kind of
warfare is above all based on bombings and terrorist attacks to more or less
strategic points of the involved country. Laleh Khalili takes a lot of very
good examples of contemporary counterinsurgencies, whose methods are mainly
based on decolonization civil wars, which created this way of war making. Thus,
as those rebels are involved in a terrorist organization that does not hesitate
to kill innocent people as well as military to achieve its goals, the other
part does not take care of prisoners as they were common human detainees. That
is a very important issue because human rights are the fundamental basis under
which we should never but the condition of a human being. But the main question
that remains is: Should we prevent the rights of a person who knows where and
when dozen of innocent people will be killed? This is a very political,
ideological, and difficult question to answer, especially after events like
September 11.
At the end of the chapter, the
author raises the question of the “Regime of invisibility in wartime”. This “regime”
leads to the invisibility everything that is related to confinement in
counterinsurgencies. Detainees cannot be heard or seen during wartime, as well
as facilities where they are imprisoned. This simply leads to the complete
negation of the inmate’s existence. Legally, he is no one. In that case,
whether the inmate lives or dies does not matter, since one both cases he
remains invisible. The author takes the example of Israel’s “Facility 1391”
prison camp, to show that it has been established much
earlier than in April 2002, when it took its name. Its location remained an
absolute secret for a very long time. Eventually, inmates could not even be
found, since nobody knew where they were confined. The second main function of
those facilities after intelligence gathering: “bargaining chips” hold center.
This was a very important side of their using in Israel. In 2002, the Knesset,
the Israeli Parliament, voted the Internment of Unlawful Combatants Law.
Suspending the article 4 of the Geneva Convention, this law meant in practice
that they can imprison anyone who is suspected to be an unlawful combatant, who
may harm Israel’s State Security; this has been a very efficient way to gather
a lot of “bargaining chips”. As a conclusion, the author describes how
important Law was in those invisibility confinement techniques; it has been
compiled with treaties and control to keep absolute secrecy. Invisibility was
the fundamental basis on without which the absolute control on
counterinsurgency detainees would not have been possible at all.