During the early stages of the Iraq War, members of the United States Army and the Central Intelligence Agency were accused of a series of human rights violations and war crimes against detainees in Abu Ghraib prison in Iraq. These abuses included physical abuse, sexual humiliation, physical and psychological torture, and rape, as well as the killing of Manadel al-Jamadi and the desecration of his body. The abuses came to public attention with the publication of photographs by CBS News in April 2004, causing shock and outrage and receiving widespread condemnation within the United States and internationally.

The George W. Bush administration stated that the abuses at Abu Ghraib were isolated incidents and not indicative of U.S. policy. This was disputed by humanitarian organizations including the Red Cross, Amnesty International, and Human Rights Watch, who claimed the abuses were part of a pattern of torture and brutal treatment at American overseas detention centers, including those in Iraq, in Afghanistan, and at Guantanamo Bay (GTMO). After 36 prisoners were killed at Abu Ghraib in insurgent mortar attacks, the United States was further criticized for maintaining the facility in a combat zone. The International Committee of the Red Cross reported that most detainees at Abu Ghraib were civilians with no links to armed groups.

Documents known as the Torture Memos came to light a few years later. These documents, prepared by the United States Department of Justice in the months leading up to the 2003 invasion of Iraq, authorized certain "enhanced interrogation techniques" (generally considered to involve torture) of foreign detainees. The memoranda also argued that international humanitarian laws, such as the Geneva Conventions, did not apply to American interrogators overseas. Several subsequent U.S. Supreme Court decisions, including Hamdan v. Rumsfeld (2006), overturned Bush administration policy, ruling that the Geneva Conventions do apply.

In response to the events at Abu Ghraib, the United States Department of Defense removed 17 soldiers and officers from duty. Eleven soldiers were charged with dereliction of duty, maltreatment, aggravated assault and battery. Between May 2004 and April 2006, these soldiers were court-martialed, convicted, sentenced to military prison, and dishonorably discharged from service. Two soldiers, found to have perpetrated many of the worst offenses at the prison, Specialist Charles Graner and PFC Lynndie England, were subject to more severe charges and received harsher sentences. Graner was convicted of assault, battery, conspiracy, maltreatment of detainees, committing indecent acts and dereliction of duty; he was sentenced to 10 years imprisonment and loss of rank, pay, and benefits. England was convicted of conspiracy, maltreating detainees, and committing an indecent act and sentenced to three years in prison. Brigadier General Janis Karpinski, the commanding officer of all detention facilities in Iraq, was reprimanded and demoted to the rank of colonel. Several more military personnel accused of perpetrating or authorizing the measures, including many of higher rank, were not prosecuted. In 2004, President George W. Bush and Defense Secretary Donald Rumsfeld apologized for the Abu Ghraib abuses.

The war on terror, also known as the Global War on Terrorism, is an international military campaign launched by the United States government after the September 11 attacks. U.S. President George W. Bush first used the phrase "war on terrorism" on September 16, 2001, and then used the phrase "war on terror" a few days later in a speech to Congress. In the latter speech, Bush stated, "Our enemy is a radical network of terrorists and every government that supports them."

The Iraq War began in March 2003 as an invasion of Ba'athist Iraq by a force led by the United States. The Ba'athist government led by Saddam Hussein was toppled within a month. This conflict was followed by a longer phase of fighting in which an insurgency emerged to oppose the occupying forces and the post-invasion Iraqi government. During this insurgency, the United States was in the role of an occupying power.

Abu Ghraib prison in the town of Abu Ghraib was one of the most notorious prisons in Iraq during the government of Saddam Hussein. The prison was used to hold approximately 50,000 men and women in poor conditions, and torture and execution were frequent.^{[better source needed]} The prison was located on about 110 hectares (272 acres) of land 32 kilometers (20 miles) west of Baghdad. After the collapse of Saddam Hussein's government, the prison was looted and everything that was removable was carried away. Following the invasion, the U.S. army refurbished it and turned it into a military prison. It was the largest of several detention centers in Iraq used by the U.S. military. In March 2004, during the time that the U.S. military was using Abu Ghraib prison as a detention facility, it housed approximately 7,490 prisoners. At its peak, it held an estimated 8,000 detainees.

Three categories of prisoners were imprisoned at Abu Ghraib by the U.S. military. These were "common criminals", individuals suspected of being leaders of the insurgency, and individuals suspected of committing crimes against the occupational force led by the U.S. Although most prisoners lived in tents in the yard, the abuses took place inside cell blocks 1a and 1b. The 800th Military Police Brigade, from Uniondale, New York, was responsible for running the prison. The brigade was commanded by Brigadier General Janis Karpinski, who was in charge of all of the U.S.-run prisons in Iraq. She did not have previous experience in running a prison. The individuals who committed abuses at the prison were members of the 372nd Military Police Company, which was a constituent of the 320th Military Police Battalion, which was overseen by Karpinski's Brigade headquarters.