Abu Ghraib Prison Scandal

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The abuse scandal of prisoners at Abu Ghraib occurred during the Iraq war.From 2003 to 2006AbuGhraib prison was a US Army detention center for captured Iraqis. An investigation into the treatment of detainees at the prison was prompted by the discovery of graphic photos depicting guards abusing detainees in 2003. The facility was located nearBaghdad on 280 acres.At the height of the scandal, the prison held up to 3,800 detainees.Most of the detainees lived in tents in the prison yards(CNN Library).Spec. Joe Darbywas a U.S. Army Reservist serving as a Military Police (M.P.) at the Abu Ghraib prison, when, in January of 2004 he blew the whistle on several of his colleagues that were involved in the abuse scandal. He said he received the now-notorious …show more content…
The only inherently good thing, according to Kant, is the good will, and the will is good when one acts out of duty and not out of inclination (to gain something material or gain a feeling of self-satisfaction). Darby made the decision to blow the whistle for the sole reason of preventing further wrongdoing by fellow soldiers, and further harm to prisoners at Abu Ghraib. He acted out of good will; he had neither material gain nor did the act of whistleblowing make him feel good. He perceived it as his moral duty to disclose the information, While an opponent of whistleblowing may argue that deontology cannot justifyintroducing as universal law theexternal or public disclosure in all cases of alleged wrongdoing, it can be countered here that it is equally not justifiable to establish as a universal law for a person to keep quiet about knowledge of intentional wrongdoing forever or indefinitely. Additionally, the duty to blow the whistle,as suggested bydeontology,is already being upheld in several professions, and in many of the States.For example,teachers,and physicians are required to report suspicions of abuse, nurses are required to report mistakes in the medical treatment of patients, and thereare laws that punish the failure to report a felonyin numerous states. Even in …show more content…
Spec. JeremySivits, who is also mentioned in case 6.2, was the first soldier to be tried. In his defense, his attorney insisted that Sivits was merely following orders, as he had been trained, to photograph the abuse. He claimed that followingorders was the right thing to do for Sivits(Clancy, Vaught and Solomon). This defense did not hold up in court, and Jeremy Sivits was tried and convicted, possibly because his invoking the defense of obedience was flawed. "Strict" obedience, which is what Sivits obedience to superiors essentially was, cannot excuse participation in a case involving unlawful actions as using torture and abuse on detainees of the U.S. Army. The Uniform Code of Military Justice (UCMJ) 809[890]. ART.90(20), makes it clear that military personnel need to obey the "lawful command of his superior officer," 891.ART.91 (2), the "lawful order of a warrant officer", 892.ART.92 (1) the "lawful general order", 892.ART.92 (2) "lawful order". In each case, military personnel have an obligation and a duty to only obey lawful orders and indeed have an obligation to disobey Unlawful orders, including orders by the president that do not comply with the UCMJ. The moral and legal obligation is to the U.S. Constitution and not to those who would issue unlawful orders, especially if those orders are in direct violation of the Constitution and the UCMJ
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