November 26, 2007: The dismissal of torture charges against former Secretary of Defense Don Rumsfeld is the latest failure of lawfare in foreign courts. Similar lawfare cases had been filed in Germany as well, but this dismissal shows that human rights groups have failed yet again.

European courts had been chosen largely because they were seen as a means to place pressure on the United States to stop so-called "torture" at Guantanamo Bay – never mind that American policy has long eschewed torture.

These torture claims have been ongoing. In 2005, there were questions raised about the treatment of the detainees. In July of that year, Senator Richard Durbin compared the treatment of the detainees to Nazi concentration camps. This was despite the fact that out of over 24,000 interrogations, incidents of abuse were rare (32 involving interrogations – 6 of which were corrected on the spot, with the rest dealt with through normal channels). Of the 10,000 troops at Guantanamo Bay, only ten were disciplined for not meeting standards – and in many of those cases, the disciplined soldiers had been provoked by the detainees (one case of alleged abuse came after a detainee had spat in the face of an interrogator).

One of the other bones of contention was the release of an interrogation diary involving a high-value detainee. The methods used during the detainee's interrogations were portrayed as routine. They were not – the techniques had been authorized as part of a special protocol. Naturally, human rights groups have been complaining about this, and their concerns are amplified by sympathetic news reports. Having lost in the domestic arena, they now have turned to foreign courts.

The lawsuits not only cited Guantanamo Bay, but they also cited Abu Ghraib. This "apples and oranges" approach shows how thin the case really is. Abu Ghraib was the actions of some rogue military policemen. At Guantanamo Bay, the special techniques were authorized and the proper authorities were informed. In the investigations of these matters, the results were clear: No torture occurred.

In essence, the failed lawfare attack in France really was little more than an effort to rehash old (and unfounded) allegations in a new forum. Human rights groups will be back – even though their lawfare has the potential to cause serious problems between the United States and its NATO allies. Of course, they will not be asked why they are sticking up for terrorists who wish to do far more damage to human rights than the targets of the years of lawfare have done. – Harold C. Hutchison ([email protected])