The Lawfare Podcast Lawfare Archive: Accountability for Abu Ghraib
Mar 21, 2026
Michael Posner, a NYU Stern professor and former Assistant Secretary of State, unpacks the Al-Shimari v. CACI verdict and corporate human rights liability. He recounts how abusive practices at Abu Ghraib developed and the legal paths plaintiffs used to sue a U.S. contractor. The conversation covers jurisdictional fights, state secrets hurdles, the $42 million verdict, and what this means for private security and corporate duty.
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How Policy And Culture Produced Abu Ghraib
- Abu Ghraib resulted from a post‑9/11 policy shift that normalized “enhanced interrogation” and outsourced abusive techniques to contractors.
- Michael Posner links cultural signals (e.g., TV show 24) and policy memos to systematic practices at Abu Ghraib rather than isolated rogue acts.
24 TV Inspired Real World Interrogations
- Michael Posner recounts recruiting West Point and interrogators to advise TV writers that 24 glamorized abusive interrogations.
- A soldier later said orders in Iraq told him to 'use your imagination' and imitate the show's tactics at Abu Ghraib.
Plaintiffs Leveraged The Alien Tort Statute
- Plaintiffs used the Alien Tort Statute (ATS) to sue CACI for torture committed in Iraq by framing abuses as violations of the law of nations.
- The ATS enabled foreign‑plaintiff, extraterritorial claims against a U.S. corporate defendant tied to U.S. personnel and conduct.
