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POWs Versus Torturers: Forensic Evaluation of Military Personnel

Dr. Levin is Medical Director, Westchester Jewish Community Services, Hartsdale, NY, and Assistant Clinical Professor of Psychiatry, Department of Psychiatry, Columbia University College of Physicians & Surgeons, New York, NY. Dr. Gold is Clinical Professor of Psychiatry, Georgetown University Medical Center, Washington, DC. Mr. Onorato is an attorney with Steptoe & Johnson LLP, New York, NY. Presented in part at the American Academy of Psychiatry and the Law Annual Meeting, Chicago, October 2006. Address correspondence to: Andrew P. Levin, MD, Westchester Jewish Community Services, 141 North Central Avenue, Hartsdale, NY 10530. E-mail: aplevin2{at}cs.com

In April 2002, 17 American prisoners of war (POWs) and 37 of their family members brought an action in federal district court in Washington, D.C., against the Republic of Iraq, Saddam Hussein, and the Iraqi Intelligence Service for torture the POWs alleged they endured in 1991, following their capture during Operation Desert Storm. This action was the first in which prisoners of war sued a sovereign state for torture. As part of their case, the plaintiffs claimed psychological damage, and presented forensic evaluations of the POWs and their families in support. This article will address the novel questions and problems in this case, including: the legal context of the action; the logistical difficulties in evaluating a large number of plaintiffs in diverse locations; the challenges of establishing psychological injury in military personnel; the relationship between the forensic findings and the literature on POWs; the potential bias and secondary trauma experienced by the examiners; and the outcome of the action and prospects for similar actions in the future.

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				R. M. Wettstein Commentary: Forensic Evaluation of Military Personnel J Am Acad Psychiatry Law, September 1, 2009; 37(3): 329 - 331. [Abstract] [Full Text] [PDF]