Tags: civil disobedience, colorado, deidre fulton, democracy, education, history, roger hollander, student activism, students
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Roger’s note: How encouraging to see young (white and apparently middle class) students giving a lesson in democracy to the Neanderthal cristofascists who de facto govern their (the students’) formal education. That this kind of action is taking place in Colorado and not Berkeley is also a hopeful sign. Watch the video.
‘Do not pretend that patriotism is turning a blind eye and a passive mind to the changing world around us,’ student organizer says
Protesting the conservative school board’s efforts to censor their history curriculum, more than a dozen students were escorted out of a Jefferson County Board of Education meeting in Colorado on Thursday night after disrupting proceedings by reading from their history textbooks and reciting the Pledge of Allegiance.
The students employed one of the very tactics that school board member Julie Williams was seeking to downplay through a proposed curriculum review committee: civil disobedience. In late September, Williams’ proposal—to establish a committee to ensure that the district’s history texts promoted positive aspects of the United States and avoided encouragement of “civil disorder, social strife or disregard of the law”—prompted mass student walk-outs and teacher ‘sick-outs.’
“You want to limit what we learn so you can push your own political opinion. Our problem is that the nation you want to build consists of people who cannot think critically.”
—Ashlyn Maher, JeffCo Student Network for Change
Many of the students involved in Thursday evening’s action were organizers of the September protests.
According to Chicago Public Radio, “the disruptions started when board members refused to let students speak, after they didn’t speak in the order they were called. A few minutes later, one student after another stood up in the public meeting, reciting historic acts of civil disobedience from history textbooks.”
The report continues:
When asked to leave the room, students at the podium left or were escorted out peacefully. After another group of students read aloud from history books and were escorted out, about a dozen students stood up in the packed meeting to read the Pledge of Allegiance. They then filed out.
Along with the students were “legal consultants,” law students taking descriptive notes of the scene. That didn’t please one security guard who lobbed several insults at the law students.
Standing in a circle outside the education building, a set of sprinklers suddenly came on. When the students moved out of the way, those sprinklers came on. The pattern repeated until all the sprinklers were on but the students didn’t leave. A security officer came out and informed the group that they were trespassing.
“Our problem is that you, the board majority, passed a redundant, and highly opposed curriculum review committee because you have other motives,” Maher said. “You want to limit what we learn so you can push your own political opinion. Our problem is that the nation you want to build consists of people who cannot think critically. We as students want to develop our minds. Critical thinking is our ticket to the future. Do not limit what we learn…Do not try to fool us…Do not pretend that patriotism is turning a blind eye and a passive mind to the changing world around us.”
Chalkbeat Colorado reports that “as part of their demonstration, the students said they had four demands: a public apology from the school board’s conservative majority for referring to students as ‘union pawns;’ a reversal of an earlier decision to amend content review policies; proof from the board that they listen and act on community input instead of what students called an ‘ideological’ agenda; and more resources for classroom instruction.”
Watch security guards take books away from the students in the video of the action below:
Nearly 500 Hundred Arrested as Fast-Food Workers Rise Up September 5, 2014Posted by rogerhollander in Labor, Poverty.
Tags: burger king, civil disobedience, fast food workers, jon queally, kfc, labor, labor unions, labour, low-wage workers, mcdonalds, minimum wage, poverty, roger hollander, seiu, taco bell, union rights, worker rights
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Roger’s note: Only in this world of cancerous capitalist economic relations would a working person have to risk inevitable arrest to advocate for a living wage from from the employers for whom her labor helps to build billions of dollars in profits. Socialism is not, as often mistakenly thought, the state ownership of everything. Genuine socialism is worker democracy where the working people whose labor creates the value of the product or service share equally in the revenue generated. Given the enormous productive capacity of worldwide human labor, in such a world everyone would have a living wage. No private owners, all productive enterprises owned collectively by those who work them. This is neither an unattainable or Utopian dream, rather it is what must inevitably replace capitalism’s inherently unequal and undemocratic way of distributing wealth; otherwise the planet is doomed by the war, pestilence and environmental destruction that are a direct product of capitalist economic relations.
Hundreds of fast-food workers and their supporters were arrested in cities across the country on Thursday as they stood up (and in some cases sat down) as they demanded a $15/hour minimum wage, the right to unionize, and better working conditions across the industry.
In what was the largest coordinated action yet by the low-wage workers movement that has been establishing itself over the last several years, nearly 500 people participated in civil disobedience that led to their arrest outside major fast-food chain restaurants, that included McDonald’s, Burger King, Taco Bell, KFC, and others.
The New York Times reports:
Organizers said nearly 500 protesters were arrested in three dozen cities — including Chicago, Detroit, Las Vegas, New York and Little Rock, Ark. All told, the sit-ins took place in about 150 cities nationwide, the organizers said.
In Milwaukee, United States Representative Gwen Moore, Democrat of Wisconsin, was arrested along with several fast-food workers.
“I’m doing this for better pay,” said Crystal Harris, a McDonald’s worker from St. Louis, minutes before she sat down in the middle of 42nd Street in Manhattan outside a McDonald’s restaurant about 7:30 a.m. on Thursday. “I struggle to make ends meet on $7.50 an hour.”
The protesters carried signs saying, “Low Pay Is Not O.K.,” “On Strike to Lift My Family Up,” and “Whatever It Takes: $15 and Union Rights.” They also want McDonald’s and other fast-food chains to agree not to fight a unionization drive.
The Guardian reports:
Many fast-food jobs pay little more than the federal minimum wage of $7.25 an hour. Thursday’s day of action called for a minimum wage of at least $15.
By the afternoon organisers reported police had arrested 436 people nationwide with more than 43 arrests in Detroit, 19 in New York City, 23 in Chicago, 10 in Little Rock, Arkansas, and 10 in Las Vegas. Protestors were arrested in New York after blocking traffic in front of a McDonald’s in Times Square. In Los Angeles police warned fast food workers sitting in the street they were part of an “illegal assembly” before arresting them.
“We’re definitely on the upward move because we feel justice is on our side … we can’t wait,” said Douglas Hunter, a McDonald’s worker in Chicago who said he has difficulty supporting his 16-year-old daughter on his hourly wage. “We think this is ridiculous in a country as rich as America.”
Also in the Guardian, economy columnist Heidi Moore suggests that not only is the fast-food workers movement growing—it’s working. She writes:
From the first $15-an-hour protest in Seattle in May 2013 to a convention in July, 60 cities on 29 August 29, and Thursday’s first widespread act of intentional civil obedience in the movement, the development of the fast-food protests has shown evidence of a labor movement ready to re-make itself.
“The unions themselves are recognizing that the old system is broken and they need to retool and try new strategies and new things, and that’s what the fast food strikes represent,” says Professor Ruth Milkman of the Graduate Center of the City University of New York (Cuny), who has co-authored a new report on the progress of the labor movement in New York and the rest of the US.
Today’s strikes are different from previous ones in a number of ways, demonstrating the willingness to innovate, said Milkman. The widespread civil disobedience – courting potential arrest by walking out on the job – is one aspect that has been widely mentioned. Other innovations: the addition of home healthcare workers, a separate industry that major unions like the SEIU have worked hard to unionize, but which has not received as much attention as fast food. Tying the two industries together is, for the unions, a way to widen their reach.
And the Huffington Post adds:
The high-profile strikes — which tend to draw national news coverage when they happen — have helped progressive legislators push through minimum wage hikes on the state and local level in recent months, including a $15 wage floor that will slowly go into effect in Seattle. Even President Barack Obama has held up the protests as evidence that Congress needs to hike the federal minimum wage, which hasn’t been raised since 2009. The current level of $7.25 is less than half of what the Fight for $15 campaign is calling for.
“You know what? If I were looking for a job that lets me build some security for my family, I’d join a union,” Obama said Monday in a Labor Day speech. “If I were busting my butt in the service industry and wanted an honest day’s pay for an honest day’s work, I’d join a union.”
While the fast-food companies themselves have generally remained quiet, critics of the campaign who sympathize with the industry have tried to dismiss the protests as stunts orchestrated by the Service Employees International Union. The union has devoted millions of dollars to the campaign in an effort to bring unionism to what’s generally a union-free industry.
With some exceptions, the fast-food strikes generally haven’t been large enough to shut down restaurants. In fact, it isn’t always clear how many of the people participating in a protest are striking workers. In Charleston on Thursday, several workers said they had the day off and wanted to take part in the protest; others told HuffPost they were missing a scheduled shift and were formally notifying their bosses they were taking part in a protected one-day strike.
Jonathan Bennett said he was supposed to be working at Arby’s on Thursday.
“If we don’t do this, I don’t know who will,” Bennett said. “$15 could change everything.”
Nurse Refuses Navy’s Force-Feeding of Gitmo Prisoners July 16, 2014Posted by rogerhollander in Health, Human Rights.
Tags: civil disobedience, conscientious objection, force-feeding forced feeding, Guantanamo, hunger strike, roger hollander, sarah lazare, torture, War Crimes
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Roger’s note: The principle that states that one has the right to refuse an illegal order becomes null and void when, as is the case here, war crimes and crimes against humanity are being committed at the highest level of government, i.e. the presidency. It takes a brave individual to resist under these conditions. Severest example: Chelsea (formerly Bradley) Manning is condemned to 35 years in prison for exposing Bush/Obama war crimes in Iraq.
“This is a historic stand by this nurse, who recognized the basic humanity of the detainees and the inhumanity of what he was being asked to do.”
A nurse in the U.S. Navy has refused to participate in the force-feeding of hunger striking detainees in what is the first widely-reported act of defiance on ethical grounds by a U.S. military service member at this offshore prison.
“This is a historic stand by this nurse, who recognized the basic humanity of the detainees and the inhumanity of what he was being asked to do,” said Cori Crider, a lawyer for UK-based charity Reprieve—which refers to the refusal as ‘conscientious objection.’ Crider learned of the act of refusal in a July 10 phone call with Abu Wa’el Dhiab—a Syrian man currently detained in Guantánamo Bay—and the news broke to the media on Tuesday.
The unidentified nurse told Dhiab, “I have come to the decision that I refuse to participate in this criminal act,” according to a press statement from Reprieve. “Before we came here, we were told a different story,” the nurse added. “The story we were told was completely the opposite of what I saw.”
Journalist Carol Rosenberg received confirmation from Navy Capt. Tom Gresback that “there was a recent instance of a medical provider not willing to carry out the enteral feeding of a detainee.”
It is not clear what repurcussions await the nurse, who is described by Dhiab as an approximately 40 year-old Latino man who may be a captain, according to Rosenberg. Col. Greg Julian, a spokesman for the command that oversees Guantánamo, also confirmed the refusal to the Guardian, stating, “It’s being handled administratively.” Dhiab says he has not seen the nurse since the act of refusal.
According to Dhiab, the Navy nurse is not alone: numerous other medical professionals have stated their ethical objections to the force feedings but express fear of retaliation and punishment if they refuse.
Maggie Martin, an organizer with Iraq Veterans Against the War, told Common Dreams, “People have been standing up as conscientious objectors throughout history including the current conflicts, but unfortunately I never heard those stories while I was in the military.”
She added, “It is heartening to see a service member refuse immoral orders.”
Mass hunger strikes at Guantánamo Bay have been met with force-feedings, which have been condemned as torture and a violation of international law by the United Nations human rights office and denounced as unethical by medical ethicists. The painful insertion of tubes and pumping of food, as well as threat of stomach damage and asphyxiation, has been comparedto water-boarding, itself a form of torture.
Mr. Dhiab, who remains detained despite being cleared for release in 2010, is currently challenging the practice of force-feedings in the courts and recently won the disclosure of videotapes recording the practice.
Currently 149 men remain detained at Guantánamo Bay, despite the fact that the vast majority of them have been cleared for release. It is not known how many of them are currently on hunger strike or face force feedings after the U.S. imposed a media blackout on reports of the peaceful protests late last year.
Chilean Artist Burns $500 Million of Student ‘Debt Papers’ in Attempt to Rid World of ‘Debtors’ May 22, 2014Posted by rogerhollander in Chile, Economic Crisis, Education, Latin America.
Tags: bachelet, Chile, civil disobedience, direct action, francisco tapia, neela debnath, roger hollander, student debt
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Roger’s note: This is civil disobedience, this is direct action, this is artful behavior. How it will end in the long run is hard to say; but it is heartening to see a citizen taking the law into his own artful hands when those in authority stand by and watch the blatant exploitation of students. I am reminded of the break-ins of draft centers during the Vietnam War where records were destroyed.
Neela Debnath, the Independent, May 18, 2014
An activist in Chile has burnt documents representing $500 million (£300 million) worth of student debt during a protest at Universidad del Mar.
Francisco Tapia, who is also known as “Papas Fritas”, claimed that he had “freed” the students by setting fire to the debt papers or “pagarés”.
Mr Tapia has justified his actions in a video he posted on YouTube on Monday 12 May, which has since gone viral and garnered over 55,000 views.
In the five-minute video the artist and activist, translated by the Chilean news site Santiago Times, he passionately says: “You don’t have to pay another peso [of your student loan debt]. We have to lose our fear, our fear of being thought of as criminals because we’re poor. I am just like you, living a s**tty life, and I live it day by day — this is my act of love for you.”
He confessed he destroyed the papers without the knowledge of the students during a takeover at the university demanding free higher education.
According to the video’s description, Mr Tapia was at the protests when he hatched the plan to wipe the student debt by stealing the papers. It goes on to say that he wanted to create a work of art to reflect the problem of student debt plaguing the nation.
While his act of defiance will have brought smile to those now debt-free students, it will be difficult for the university to recoup the losses and the higher institution may have to individually sue students to get the get the debt repaid.
There have been protests in Chile since 2011 calling for reform of the university system and for free high-quality education. It was hoped the newly-elected president, Michelle Bachelet, would be bring reform, after a campaign promising drastic change to the education system.
However, two months on, tens of thousands of students have taken again to the street calling again for changes promised.
Last week there were clashes on the street of the Chilean capital, Santiago, as demonstrations turned violent.
Meet the Lakota Tribe Grandmother Teaching Thousands How to Get Arrested to Stop the Keystone XL Pipeline April 13, 2014Posted by rogerhollander in Canada, Canada petroleum, Environment, First Nations.
Tags: civil disobedience, debra white plume, environment, evelyn nieves, First Nations, keystone xl, lakota, pine ridge, pipeline, roger hollander, rosebud reservation, transcanada
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Debra White Plume has galvanized an international coalition of grassroots activists.
April 11, 2014 |
On March 29, a caravan of more than 100 cars plodded along the wide open roads of the Rosebud reservation in South Dakota, stopped at a forlorn former corn field and prepared for battle.
Leaders from eight tribes in South Dakota and Minnesota pitched their flags. Participants erected nine tipis, a prayer lodge and a cook shack, surrounding their camp with a wall of 1,500-pound hay bales. Elders said they would camp out indefinitely. Speakers said they were willing to die for their cause.
This spirit camp at the Sicangu Lakota Rosebud reservation was the most visible recent action in Indian Country over the proposed Keystone XL pipeline. But it was hardly the first … or the last.
On the neighboring Pine Ridge Indian Reservation, Debra White Plume, an activist and community organizer involved in Oglala Lakota cultural preservation for more than 40 years, has been leading marches, civil disobedience training camps and educational forums on the Keystone XL since the pipeline was proposed in 2008.
White Plume, founder of the activists groups Owe Aku (Bring Back the Way), the International Justice Project and Moccasins on the Ground, has crisscrossed the country, marched on Washington and testified at the United Nations against the environmental devastation of tar sands oil mining and transport. Now, perhaps only weeks before President Obama is set to announce whether to allow a private oil company, TransCanada, to plow through the heartland to transport tar sand crude from Alberta to Gulf Coast refineries for export, White Plume is busier than ever.
White Plume is leading a galvanized, international coalition of grassroots environmental activists, the largest and most diverse in decades, in the last fight against the Keystone XL. The coalition is planning massive actions against the Keystone XL in Washington, D.C. and in local communities from April 22 (Earth Day) through April 27. In what is a first in decades, indigenous tribes from the heartland will be joined with farmers and ranchers along the proposed Keystone XL pipeline route in the actions. The “Cowboy and Indian Alliance” is inviting everyone in the country to their tipi camp on the National Mall in the hopes that a show of strength will steel President Obama’s resolve to be the “environmental President.”
Since the State Department implicitly signed off on the Keystone XL pipeline in February by announcing that its environmental impact statement had found no “significant” impacts to worry about, White Plume and other environmental leaders concerned about the Keystone XL’s impact on climate change have also stepped up their plans for direct, non-violence civil disobedience. Those plans are under wraps, but blockades will surely be a major weapon in their arsenal.
White Plume talked about why the Keystone XL pipeline has become such a firestorm.
* * *
Evelyn Nieves: Why is it so important that the Keystone XL pipeline NOT become a reality?
Debra White Plume: The tar sands bitumen inside the KXL pipeline is hazardous, flammable, a carcinogen — and deadly. When it gets into our drinking water and surface water, it cannot be cleaned up. These pipelines further the development of the tar sands sacrifice area in Alberta.
EN: Who is involved in the activism surrounding the opposition to the pipeline? Stories talk about this as a women’s movement, an elders movement and a youth movement. That means it’s pretty much everyone’s movement except for middle-aged men.
DWP: That might be true elsewhere, but all of our people are engaged to protect sacred water. I can’t speak for any middle-aged American men, but I know there are hundreds of American ranchers and farmers in South Dakota and Nebraska ready to defend their rights. Our Lakota warriors are opposing the KXL — this includes men and women.
EN: What sorts of direct action are you willing to take and what kind of support are you receiving from Indian Country in general?
DWP: We will blockade TransCanada’s KXL to protect our lands and waters if we have to. Many tribal governments and Red Nations people have committed to blockade. Our Oglala Lakota Tribal Council is meeting soon to discuss declaring war on the KXL, as is the Rosebud Lakota Tribal Council.
EN:What kind of support are you receiving from outside of Indian Country?
DWP: We have support from all over the big land (so-called U.S.A.) and so-called Canada. We do not recognize these manmade borders. Our people were here from time immemorial, this is our ancestral land, people to the north and south are our relatives. We are connected through prophecy.
EN:Where is the state of South Dakota on this?
DWP: The South Dakota state government wants the pipeline, the state government is pro-mining. They see Mother Earth as a warehouse of resources they can extract. They have no respect. The citizens are divided. The ranchers and farmers along the corridor have had their lands taken by eminent domain in South Dakota. They don’t like that. We have made allies with the S.D. citizens who want to protect sacred water. Many have come to our Lakota ceremonies.
EN: What about non-Indian border towns?
DWP:People who live in the border towns are divided about the KXL. Some hope to get a job, some hope it never comes here, many are working in alliance with us to stop it.
EN: Why is the blockade at Rosebud?
DWP: The camp at Rosebud is not a blockade camp. The camp is on their own tribal land and no one can make them leave. It is near the location of a proposed man camp. We do not want any part of the KXL, including the badman camps.
EN:Is it because that’s the direct path on the pipeline route?
DWP: No, it is not in the KXL pipeline corridor. It is there because it is near to where TransCanada wants to put a badman camp. We refer to those camps as badman camps because of the horrendous experience the Mandan, Hidtatsa, and Arkikara Nation (in western North Dakota, where tracking reigns) is enduring because of the thousands of strangers among them, committing many crimes against women and children, and by the nature of their work, destroying Mother Earth for tar sands mining — which has to exit the sacrifice zone through the black snake of the KXL and other pipelines proposed by corporations.
EN: What are your next steps?
DWP: We continue to provide NVDA (non-violent direct action) training to communities in Indian Country that request for us to come. This is our Moccasins on the Ground Tour of Resistance that we have been doing for three years now.
EN: What do you hope to achieve with your large gathering later this month?
DWP: We will provide training to communities who are sending their people, increase opposition to the kxl, expand our network, strengthen alliances, teach people about the sacredness of water. Allies are coming from all over to help us train community people, and other folks who are coming from all over the big land. We have many more Moccasins on the Ground Tour of Resistance training camps scheduled. We will keep training until the decision is made. We hope President Obama will be green. Revolutionary green, and say no to the KXL and all other tar sands pipelines. Who wants to live over a snake pit?
Feeding the Flame of Revolt November 18, 2013Posted by rogerhollander in Criminal Justice, Surveillance State, Whistle-blowing.
Tags: anarchism, anonymous, black bloc, chris hedges, civil disobedience, direct action, hacking, jeremy hammond, loretta preska, revolution, roger hollander, stratfor, subu, whistle-blowing
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Roger’s note: in this article Hedges cites John Kennedy’s “Those who make peaceful change impossible make violent change inevitable,” which is more or less the theme of the piece. A chant I have heard at many a protest demonstration says the same in four simple words: “No Justice, No Peace.” In our upside-down world, the state purveyors of massive violence and terror, indict those who oppose it on the grounds of inciting violence and terror. Freud would understand, but I digress. Regardless of whether governments are democratic or not, it is capital that rules in our universe. Capital-ism is the system by which capital rules via economies, governments (all three branches: executive, law making legislatures and judicial), military and policing. In a very real sense, there is a war going on at all times, the war against human beings by those who own, manage and control capital (huge accumulations of stolen wealth). As the saying goes: they only acknowledge class war when we fight back.
NEW YORK—I was in federal court here Friday for the sentencing of Jeremy Hammond to 10 years in prison for hacking into the computers of a private security firm that works on behalf of the government, including the Department of Homeland Security, and corporations such as Dow Chemical. In 2011 Hammond, now 28, released to the website WikiLeaks and Rolling Stone and other publications some 3 million emails from the Texas-based company Strategic Forecasting Inc., or Stratfor.
The sentence was one of the longest in U.S. history for hacking and the maximum the judge could impose under a plea agreement in the case. It was wildly disproportionate to the crime—an act of nonviolent civil disobedience that championed the public good by exposing abuses of power by the government and a security firm. But the excessive sentence was the point. The corporate state, rapidly losing credibility and legitimacy, is lashing out like a wounded animal. It is frightened. It feels the heat from a rising flame of revolt. It is especially afraid of those such as Hammond who have the technical skills to break down electronic walls and expose the corrupt workings of power.
“People have a right to know what governments and corporations are doing behind closed doors,” Hammond told me when we met in the Metropolitan Correctional Center in Manhattan about a week and a half before his sentencing.
I did not hope for justice from the court. Judge Loretta A. Preska is a member of the right-wing Federalist Society. And the hack into Stratfor gave the email address and disclosed the password of an account used for business by Preska’s husband, Thomas Kavaler, a partner at the law firm Cahill Gordon & Reindel. Some emails of the firm’s corporate clients, including Merrill Lynch, also were exposed. The National Lawyers Guild, because the judge’s husband was a victim of the hack, filed a recusal motion that Preska, as chief judge of the U.S. District Court for the Southern District of New York, was able to deny. Her refusal to recuse herself allowed her to oversee a trial in which she had a huge conflict of interest.
The judge, who herself once was employed at Cahill Gordon & Reindel, fulminated from the bench about Hammond’s “total lack of respect for the law.” She read a laundry list of his arrests for acts of civil disobedience. She damned what she called his “unrepentant recidivism.” She said: “These are not the actions of Martin Luther King, Nelson Mandela … or even Daniel Ellsberg; there’s nothing high-minded or public-spirited about causing mayhem”—an odd analogy given that Mandela founded the armed wing of the African National Congress, was considered by South Africa’s apartheid government and the United States government to be a terrorist and was vilified, along with King and Ellsberg, by the U.S. government. She said there was a “desperate need to promote respect for the law” and a “need for adequate public deterrence.” She read from transcripts of Hammond’s conversations in Anonymous chat rooms in which he described the goal of hacking into Stratfor as “destroying the target, hoping for bankruptcy, collapse” and called for “maximum mayhem.” She admonished him for releasing the unlisted phone number of a retired Arizona police official who allegedly received threatening phone calls afterward.
The judge imposed equally harsh measures that will take effect after Hammond’s release from prison. She ordered that he be placed under three years of supervised control, be forbidden to use encryption or aliases online and submit to random searches of his computer equipment, person and home by police and any internal security agency without the necessity of a warrant. The judge said he was legally banned from having any contact with “electronic civil disobedience websites or organizations.” By the time she had finished she had shredded all pretense of the rule of law.
The severe sentence—Hammond will serve more time than the combined sentences of four men who were convicted in Britain for hacking related to the U.S. case—was monumentally stupid for a judge seeking to protect the interest of the ruling class. The judicial lynching of Hammond required her to demonstrate a callous disregard for transparency and our right to privacy. It required her to ignore the disturbing information Hammond released showing that the government and Stratfor attempted to link nonviolent dissident groups, including some within Occupy, to terrorist organizations so peaceful dissidents could be prosecuted as terrorists. It required her to accept the frightening fact that intelligence agencies now work on behalf of corporations as well as the state. She also had to sidestep the fact that Hammond made no financial gain from the leak.
The sentencing converges with the state’s persecution of Chelsea Manning, Edward Snowden, Julian Assange and Barrett Brown, along with Glenn Greenwald, Jacob Appelbaum, Laura Poitras and Sarah Harrison, four investigative journalists who are now in self-imposed exile from the United States. And as the numbers of our political prisoners and exiled dissidents mount, there is the unmistakable stench of tyranny.
This draconian sentence, like the draconian sentences of other whistle-blowers, will fan revolt. History bears this out. It will solidify the growing understanding that we must resort, if we want to effect real change, to unconventional tactics to thwart the mounting abuses by the corporate state. There is no hope, this sentencing shows, for redress from the judicial system, elected officials or the executive branch. Why should we respect a court system, or a governmental system, that shows no respect to us? Why should we abide by laws that serve only to protect criminals such as Wall Street thieves while leaving the rest of us exposed to abuse? Why should we continue to have faith in structures of power that deny us our most basic rights and civil liberties? Why should we be impoverished so the profits of big banks, corporations and hedge funds can swell?
No one will save us but ourselves. That was the real message sent out by the sentencing of Jeremy Hammond. And just as Hammond was inspired to act by the arrest of Chelsea (then Bradley) Manning, others will be inspired to act by Hammond and the actions taken against him. And we can thank Judge Preska for that.
Hammond is rooted in the Black Bloc. As he was escorted out of the courtroom on the ninth floor of the federal courthouse at 500 Pearl St. on Friday he shouted to roughly 100 people—including a class of prim West Point cadets in their blue uniforms—gathered there: “Long live Anonymous! Hurrah for anarchy!” In a statement he read in court he thanked “Free Anons, the Anonymous Solidarity Network [and] Anarchist Black Cross” for their roles in the fight against oppression.
Hammond has abandoned faith not only in traditional institutions, such as the courts, but nonviolent mass protest and civil disobedience, a point on which he and I diverge. But his analysis of corporate tyranny is correct. And the longer the state ruthlessly persecutes dissidents, the more the state ensures that those who oppose it will resort to radical responses including violence. “Those who make peaceful change impossible make violent change inevitable,” John F. Kennedy said. And the corporate state is not only making peaceful change impossible but condemning it as terrorism.
In late October I spent an afternoon with Hammond in New York’s Metropolitan Correctional Center, where he had been held for 20 months. He said during our conversation, parts of which his lawyer requested be published only after his sentencing, that he believed that the sole way the people will now have any power is to rise up physically and seize it. My column last week was about that interview, and now I am including previously withheld parts of the conversation.
Hammond defines himself as “an anarchist communist.” He seeks to destroy capitalism and the centralized power of the corporate state. His revolutionary vision is “leaderless collectives based on free association, consensus, mutual aid, self-sufficiency and harmony with the environment.” He embraces the classic tools of revolt, including mass protests, general strikes and boycotts. And he sees hacking and leaking as part of this resistance, tools not only to reveal the truths about these systems of corporate power but to “disrupt/destroy these systems entirely.”
He participated in the Occupy movement in Chicago but found the politics of Occupy too vague and amorphous, a point on which I concur. He said Occupy lacked revolutionary vigor. He told me he did not support what he called the “dogmatic nonviolence doctrine” of many in the Occupy movement, calling it “needlessly limited and divisive.” He rejects the idea of acts of civil disobedience that protesters know will lead to their arrest. “The point,” he said, “is to carry out acts of resistance and not get caught.” He condemns “peace patrols,” units formed within the Occupy movement that sought to prohibit acts of vandalism and violence by other protesters—most often members of the Black Bloc—as “a secondary police force.” And he spurns the calls by many in Occupy not to antagonize the police, calling the police “the boot boys of the 1 percent, paid to protect the rich and powerful.” He said such a tactic of non-confrontation with the police ignored the long history of repression the police have carried out against popular movements, as well as the “profiling and imprisonment of our comrades.”
“Because we were unprepared, or perhaps unwilling, to defend our occupations, police and mayors launched coordinated attacks, driving us out of our own parks,” he said of the state’s closure of the Occupy encampments.
“I fully support and have participated in Black Bloc and other forms of militant direct action,” he said. “I do not believe that the ruling powers listen to the people’s peaceful protests. Black Bloc is an effective, fluid and dynamic form of protest. It causes disruption outside of predictable/controllable mass demonstrations through ‘unarrests,’ holding streets, barricades and property destruction. Smashing corporate windows is not violence, especially when compared to the everyday economic violence of sweatshops and ‘free trade.’ Black Bloc seeks to hit them where it hurts, through economic damage. But more than smashing windows they seek to break the spell of ‘law and order’ and the artificial limitations we impose on ourselves.”
I disagree with Hammond over tactics, but in the end this disagreement is moot. It will be the ruling elites who finally determine our response. If the corporate elites employ the full force of the security and surveillance state against us, if corporate totalitarian rule is one of naked, escalating and brutal physical repression, then the violence of the state will spawn a counter-violence. Judge Preska’s decision to judicially lynch Hammond has only added to the fury she and the state are trying to stamp out. An astute ruling class, one aware of the rage rippling across the American landscape, would have released Hammond on Friday and begun to address the crimes he exposed. But our ruling class, while adept at theft, looting, propaganda and repression, is blind to the growing discontent caused by the power imbalance and economic inequality that plague ordinary Americans at a time when half of the country lives in poverty or “near poverty.”
“The acts of civil disobedience and direct action that I am being sentenced for today are in line with the principles of community and equality that have guided my life,” Hammond told the courtroom. “I hacked into dozens of high-profile corporations and government institutions, understanding very clearly that what I was doing was against the law, and that my actions could land me back in federal prison. But I felt that I had an obligation to use my skills to expose and confront injustice—and to bring the truth to light.”
“Could I have achieved the same goals through legal means?” he said. “I have tried everything from voting petitions to peaceful protest and have found that those in power do not want the truth to be exposed. When we speak truth to power we are ignored at best and brutally suppressed at worst. We are confronting a power structure that does not respect its own system of checks and balances, never mind the rights of its own citizens or the international community.”
“My first memories of American politics was when Bush stole the election in 2000,” he told me at a metal table as we met at the prison in a small room reserved for attorney visits, “and then how Bush used the wave of nationalism after 9/11 to launch unprovoked pre-emptive wars against Afghanistan and Iraq. In high school I was involved in publishing ‘underground’ newsletters criticizing the Patriot Act, the wars, and other Bush-era policies. I attended many anti-war protests in the city [Chicago] and was introduced to other local struggles and the larger anti-corporate globalization movement. I began identifying as an anarchist, started to travel around the country to various mobilizations and conferences, and began getting arrested for various acts.”
He said that his experience of street protest, especially against the wars in Afghanistan and Iraq, was seminal, for he saw that the state had little interest in heeding the voices of protesters and others in the public. “Instead, we were labeled as traitors, beaten and arrested.”
“I targeted law enforcement systems because of the racism and inequality with which the criminal law is enforced,” he admitted in court. “I targeted the manufacturers and distributors of military and police equipment who profit from weaponry used to advance U.S. political and economic interests abroad and to repress people at home. I targeted information security firms because they work in secret to protect government and corporate interests at the expense of individual rights, undermining and discrediting activists, journalists and other truth seekers, and spreading disinformation.”
An FBI informant, Hector Xavier Monsegur, posing as an Anonymous member and using the online name “Sabu,” prodded Hammond to break into Stratfor and informed him of technical vulnerabilities in websites of the company.
“Why the FBI would introduce us to the hacker who found the initial vulnerability and allow this hack to continue remains a mystery,” Hammond said as he faced the judge.
“As a result of the Stratfor hack, some of the dangers of the unregulated private intelligence industry are now known,” he said. “It has been revealed through WikiLeaks and other journalists around the world that Stratfor maintained a worldwide network of informants that they used to engage in intrusive and possibly illegal surveillance activities on behalf of large multinational corporations.”
At Sabu’s urging, Hammond broke into other websites, too. Hammond, at Sabu’s request, provided information to hackers enabling them to break into and deface official foreign government websites, including some of Turkey, Iran and Brazil. The names of these three countries are technically under a protective court order but have been reported widely in the press.
“I broke into numerous sites and handed over passwords and backdoors that enabled Sabu—and by extension his FBI handlers—to control these targets,” Hammond said.
“I don’t know how other information I provided to him may have been used, but I think the government’s collection and use of this data needs to be investigated,” he went on. “The government celebrates my conviction and imprisonment, hoping that it will close the door on the full story. I took responsibility for my actions, by pleading guilty, but when will the government be made to answer for its crimes?”
“The hypocrisy of ‘law and order’ and the injustices caused by capitalism cannot be cured by institutional reform but through civil disobedience and direct action,” Hammond told the court. “Yes, I broke the law, but I believe that sometimes laws must be broken in order to make room for change.”
It’s Time To Free the Arctic 30 & Stand Up Against Fossil Fuel Extraction Everywhere November 16, 2013Posted by rogerhollander in Energy, Environment, Russia.
Tags: arctic 30, civil disobedience, climate change, daryl hannah, envrionment, fossil fuel, global warming, greenpeace, keystone xl, phil radford, putin, roger hollander
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All around the globe, record numbers of people from all walks of life are being thrown into jails because they are standing up to protect the most basic of human needs — uncontaminated water, unpolluted lands, and a liveable climate free from the ramifications of extreme fossil fuel extraction. If the greed-driven fossil fuel extraction corporations — and the governments that do their bidding to assure sustained record profits — don’t stop endangering our critical and already-compromised life support systems, there is little doubt that the numbers of individuals standing up will grow exponentially. People are increasingly recognizing the critical necessity to safeguard our communities and our ecosystems, and growing numbers around the world are taking that bold step to engage in the time-honored tradition of peaceful civil disobedience as a means of alerting others to the dangers that threaten us all. This map from The Public Society shows some of the major protests against fossil fuel extraction in the past year alone, and the reach is staggering.
Those of us who choose civil disobedience as a tactic, often of last resort, do so not because they are looking to get away with a crime, but because we are seeking to shine a light on laws that allow for injustice to prevail. No one wants to go to jail. But the history of righting terrible wrongs is first a history of individuals putting their bodies on the line, risking arrest, facing uncertain circumstances and sometimes going to jail (or worse), long before the nation or the world awakens to the realities of what amounts to legalized decimation, injustice, and oppression.
There were times in our history here in the United States of America where the law of the land allowed slavery, prohibited women the right to vote, left children unprotected by labor laws, and didn’t guarantee the civil rights of all citizens. In the USA’s many hard-fought movements of great social progress — the abolitionist movement, women’s suffrage, labor and civil rights movements, as well as the free speech, peace, and environmental justice movements — there have always been those who were out in front, laying their bodies on the line and leading the way — well before the lawmakers followed with new legislation designed to make this a “more perfect union.”
The climate movement is well underway, and thousands of peaceful protesters and interventionists have already put their bodies and freedom on the line. As the world grapples with how to recognize the first of its climate refugees, and as it becomes desperately clear that carbon pollution must be urgently addressed, the quest for more difficult to access and dirtier oil and gas has never been more furious. In the states, lawmakers in the pocket of extraction industry make the pillaging easier and the public health concerns more profound by allowing exemptions from the Clean Water Act, the Clean Air Act, and Safe Drinking Water Act. So, in the US alone, over 76,000 have pledged to engage in dignified acts of peaceful civil disobedience if the debacle that is the KeystoneXL pipeline is allowed to proceed through our country’s heartland.
The third largest threat to our planetary climate — third only to mining nearly all of China and Australia’s coal — would be drilling for oil and gas in the Arctic, where oil companies plan to take advantage of melting sea ice in this most sensitive region on earth. If their plan were to succeed, despite the technical obstacles and enormous environmental risks, the drilling would add 520 million tons of carbon pollution to the atmosphere per year, as much as all of Canada’s annual global warming pollution.
That’s why Greenpeace activists and independent journalists determined to bring this urgent threat to humanity to light journeyed to the Russian Arctic to protest the first ever offshore Arctic oil drilling project. On September 19th, consistent with the tradition of peaceful direct action, Greenpeace activists scaled a Gazprom oil platform to hang a banner off of the side. They hoped to bring awareness of the frightening risks of runaway climate change and the devastating effect of oil spills that Arctic drilling could bring to the world.
The Russian Federal Security Services responded with force, firing 11 warning shots into the water just inches away from the Greenpeace small inflatable boats. Two activists were taken by the knife wielding agents, while the other 28 activists and journalists remained on the Greenpeace ship, the Arctic Sunrise.
The next day, in international waters, 15 masked Russian troops rappelled on to the Arctic Sunrise from a helicopter, held all 28 civilians onboard at gunpoint, and seized the ship.
The Arctic 30 have been in Russian custody since.
While even President Putin said the activists and journalists were “obviously not pirates;” the Russian authorities detained and charged all 30 with piracy – a crime that carries a 15 year jail sentence in Russia. A few weeks ago, they added “hooliganism,” charges which carry even more disproportionate penalties of up to 7 years in jail. The illegal arrests on international waters and the outrageous charges have been condemned by governments and many human rights groups, including Amnesty International, while people in 220 cities from Jakarta to Hong Kong to California marched, calling for the release of the Arctic 30.
The disproportionate Russian response is like unleashing attack dogs on a sit-in.
History has shown us that peaceful activism is vital when all else fails to respond appropriately to the most pressing issues of our time. The great practitioners of non-violent direct action as a means of achieving social change knew this and practiced it only with love in their hearts. Mahatma Gandhi and Martin Luther King, Jr both said in so many words, “if a law is unjust, it is your responsibility to break it.” MLK once said, “injustice anywhere is a threat to justice everywhere.” That one profound statement of moral genius succinctly exemplifies why the world must not be silent until the Arctic 30 are once again free.
Please stand in solidarity with those who were willing and compelled to go to the front lines on behalf of all future generations. The risks that these activists have taken, and the cost to them personally and to their loved ones, need you to relentlessly demand that Russia free the Arctic 30 — and of course that the world move swiftly, urgently and in earnest to a planet powered by clean energy.
On Obama’s cancellation of summit with Putin and extradition August 7, 2013Posted by rogerhollander in Barack Obama, Criminal Justice, Whistle-blowing, Wikileaks.
Tags: civil disobedience, edward snowden, extradition, extradition treaties, glenn greenwald, john lewis, obama summit, putin summit, Richard Falk, roger hollander, russia summit, snowden asylum, vladimir putin, whistle blower
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President Obama today canceled a long-scheduled summit with Russian President Vladimir Putin in part because the US president is upset that Russia defied his personal directive to hand over Edward Snowden despite the lack of an extradition treaty between the two nations. That means that US media outlets will spend the next 24 hours or so channeling the government’s views (excuse the redundancy) by denouncing the Russian evil of refusing extradition. When doing so, very few, if any, establishment media accounts will mention any of these cases:
[US refuses Bolivia's request to extradite its former CIA-supported president, Gonzalo SÃ¡nchez de Lozada, to stand trial on charges of genocide and other war crimes after de Lozada hires Democratic lobbyists to represent him]
El Paso Times, December 30, 2010:
The US constantly refuses requests to extradite — even where (unlike Russia) they have an extradition treaty with the requesting country and even where (unlike Snowden) the request involves actual, serious crimes, such as genocide, kidnapping, and terrorism. Maybe those facts should be part of whatever media commentary there is on Putin’s refusal to extradite Snowden and Obama’s rather extreme reaction to it.
Other mattersFormer Bush-era CIA and NSA director Michael Hayden appeared on CNN this week and confirmed that our reporting on the NSA’s X-Keyscore program was accurate, telling the nation that we should all be grateful for those capabilities.
NYU journalism professor Jay Rosen has a superb essay on the behavior of the US media in NSA stories.
Foreign Policy CEO and Editor David Rothkopf becomes the latest establishment figure to recognize, as he puts it in a quite good column: “I have myself been too slow to recognize that the benefits we have derived from Snowden’s revelations substantially outweigh the costs associated with the breach.”
ssociated with the breach.”UPDATE
Civil rights hero John Lewis, in an interview with the Guardian today, praised Snowden for engaging in “civil disobedience” in the tradition of Thoreau, Gandhi and the Civil Rights movement.
Meanwhile, 150 press freedom and human rights groups from around the world issued a letter demanding that the US cease prosecuting Snowden on the ground that “Snowden’s disclosures have triggered a much-needed public debate about mass surveillance online everywhere” and “thanks to him, we have learned the extent to which our online lives are systematically monitored by governments, without transparency, accountability or safeguards from abuse.”
At a hearing yesterday of the Brazilian Senate’s Foreign Relations Committee, at which I testified, senators not only uninformly expressed indignation at indiscriminate NSA spying on their citizens and support for Snowden, but some borrowed Snowden masks worn by college students in attendance and put them on their own face to show support.
Finally, Princeton University international law professor Richard Falk has an Op-Ed today explaining that the granting of asylum to Snowden wasn’t just within Russia’s rights, but was legally compelled.
Maybe Obama can cancel meeting with all of them, too, as punishment (along with Hong Kong, China, Venezuela, Ecuador, Bolivia, Nicaragua, Cuba and Russia as countries who have been threatened). I think it’s becoming increasingly clear here who the rogue and lawless nation is in this case.
ABOUT GLENN GREENWALD
For the past 10 years, I was a litigator in NYC specializing in First Amendment challenges, civil rights cases, and corporate and securities fraud matters. I am the author of the New York Times Best-Selling book, more…)
American MilitarismThreatening To Set Off World War III December 12, 2012Posted by rogerhollander in Genocide, History, Imperialism, War.
Tags: africom, civil disobedience, civil resistance, francis a. boyle, geneva conventions, hans morgenthau, history, International law, mckinley, nuremberg, philippine genocide, roger hollander, spanish american war, u.s. army field manual, U.S. imperialism, war, world war iii
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by Professor Francis A. Boyle
Wed, 12/12/2012, www.blackagendareport.org
The following is the text of a speech delivered by Professor Francis A. Boyle at the Puerto Rican Summit Conference on Human Rights, University of the Sacred Heart, San Juan, Puerto Rico, December 9, 2012.
“The serial imperial aggressions launched and menaced by the neoconservative Republican Bush Junior administration and the neoliberal Democratic Obama administration are now threatening to set off World War III.”
Historically this latest eruption of American militarism at the start of the 21st Century is akin to that of America opening the 20th Century by means of the U.S.-instigated Spanish-American War in 1898. Then the Republican administration of President William McKinley stole their colonial empire from Spain in Cuba, Puerto Rico, Guam, and the Philippines; inflicted a near genocidal war against the Filipino people; while at the same time illegally annexing the Kingdom of Hawaii and subjecting the Native Hawaiian people (who call themselves the Kanaka Maoli) to near genocidal conditions. Additionally, McKinley’s military and colonial expansion into the Pacific was also designed to secure America’s economic exploitation of China pursuant to the euphemistic rubric of the “open door” policy. But over the next four decades America’s aggressive presence, policies, and practices in the so-called “Pacific” Ocean would ineluctably pave the way for Japan’s attack at Pearl Harbor on Dec. 7, 194l, and thus America’s precipitation into the ongoing Second World War. Today a century later the serial imperial aggressions launched and menaced by the neoconservative Republican Bush Junior administration and the neoliberal Democratic Obama administration are now threatening to set off World War III.
By shamelessly exploiting the terrible tragedy of 11 September 2001, the Bush Junior administration set forth to steal a hydrocarbon empire from the Muslim states and peoples living in Central Asia and the Middle East and Africa under the bogus pretexts of (1) fighting a war against “international terrorism” or “Islamic fundamentalism”; and/or (2) eliminating weapons of mass destruction; and/or (3) the promotion of democracy; and/or (4) self-styled humanitarian intervention/responsibility to protect (R2P). Only this time the geopolitical stakes are infinitely greater than they were a century ago: control and domination of the world’s hydrocarbon resources and thus the very fundaments and energizers of the global economic system – oil and gas. The Bush Junior/ Obama administrations have already targeted the remaining hydrocarbon reserves of Africa, Latin America (e.g., the Pentagon’s reactivization of the U.S. Fourth Fleet in 2008), and Southeast Asia for further conquest or domination, together with the strategic choke-points at sea and on land required for their transportation. Today the U.S. Fourth Fleet threatens Cuba, Venezuela, and Ecuador for sure.
Toward accomplishing that first objective, in 2007 the neoconservative Bush Junior administration announced the establishment of the U.S. Pentagon’s Africa Command (AFRICOM) in order to better control, dominate, steal, and exploit both the natural resources and the variegated peoples of the continent of Africa, the very cradle of our human species. In 2011 Libya then proved to be the first victim of AFRICOM under the neoliberal Obama administration, thus demonstrating the truly bi-partisan and non-partisan nature of U.S. imperial foreign policy decision-making. Let us put aside as beyond the scope of this paper the American conquest, extermination, and ethnic cleansing of the Indians from off the face of the continent of North America. Since America’s instigation of the Spanish-American War in 1898, U.S. foreign policy decision-making has been alternatively conducted by reactionary imperialists, conservative imperialists, and liberal imperialists for the past 115 years and counting.
“The Bush Junior/ Obama administrations have already targeted the remaining hydrocarbon reserves of Africa, Latin America and Southeast Asia.”
This world-girdling burst of U.S. imperialism at the start of humankind’s new millennium is what my teacher, mentor, and friend the late, great Professor Hans Morgenthau denominated “unlimited imperialism” in his seminal book Politics Among Nations 52-53 (4th ed. 1968): The outstanding historic examples of unlimited imperialism are the expansionist policies of Alexander the Great, Rome, the Arabs in the seventh and eighth centuries, Napoleon I, and Hitler. They all have in common an urge toward expansion which knows no rational limits, feeds on its own successes and, if not stopped by a superior force, will go on to the confines of the political world. This urge will not be satisfied so long as there remains anywhere a possible object of domination–a politically organized group of men which by its very independence challenges the conqueror’s lust for power. It is, as we shall see, exactly the lack of moderation, the aspiration to conquer all that lends itself to conquest, characteristic of unlimited imperialism, which in the past has been the undoing of the imperialistic policies of this kind….
The factual circumstances surrounding the outbreaks of both the First World War and the Second World War currently hover like the Sword of Damocles over the heads of all humanity.
Since September 11, 2001, it is the Unlimited Imperialists à la Alexander, Napoleon, and Hitler who have been in charge of conducting American foreign policy decision-making. After September 11, 2001 the people of the world have witnessed successive governments in the United States that have demonstrated little respect for fundamental considerations of international law, human rights, or the United States Constitution. Instead, the world has watched a comprehensive and malicious assault upon the integrity of the international and domestic legal orders by groups of men and women who are thoroughly Hobbist and Machiavellian in their perception of international relations and in their conduct of both foreign affairs and American domestic policy. Even more seriously, in many instances specific components of the U.S. government’s foreign policies constitute ongoing criminal activity under well recognized principles of both international law and United States domestic law, and in particular the Nuremberg Charter, the Nuremberg Judgment, and the Nuremberg Principles, as well as the Pentagon’s own U.S. Army Field Manual 27-10 on The Law of Land Warfare, which applies to the President himself as Commander-in-Chief of United States Armed Forces under Article II, Section 2 of the United States Constitution.
“Specific components of the U.S. government’s foreign policies constitute ongoing criminal activity under well recognized principles of both international law and United States domestic law.”
Depending on the substantive issues involved, these international and domestic crimes typically include but are not limited to the Nuremberg offences of “crimes against peace”—e.g., Libya, Afghanistan, Iraq, Somalia, Yemen, Pakistan, Syria, and perhaps their longstanding threatened war of aggression against Iran. Their criminal responsibility also concerns “crimes against humanity” and war crimes as well as grave breaches of the Four Geneva Conventions of 1949 and the 1907 Hague Regulations on land warfare: torture, enforced disappearances, assassinations, murders, kidnappings, extraordinary renditions, “shock and awe,” depleted uranium, white phosphorous, cluster bombs, drone strikes, etc. Furthermore, various officials of the United States government have committed numerous inchoate crimes incidental to these substantive offences that under the Nuremberg Charter, Judgment, and Principles as well as U.S. Army Field Manual 27-10 (1956) are international crimes in their own right: planning, and preparation, solicitation, incitement, conspiracy, complicity, attempt, aiding and abetting. Of course the terrible irony of today’s situation is that over six decades ago at Nuremberg the U.S. government participated in the prosecution, punishment, and execution of Nazi government officials for committing some of the same types of heinous international crimes that these officials of the United States government currently inflict upon people all over the world. To be sure, I personally oppose the imposition of capital punishment upon any human being for any reason no matter how monstrous their crimes, whether they be Saddam Hussein, Bush Junior, Tony Blair, or Barack Obama.
According to basic principles of international criminal law set forth in paragraph 501 of U.S. Army Field Manual 27-10, all high level civilian officials and military officers in the U.S. government who either knew or should have known that soldiers or civilians under their control (such as the C.I.A. or mercenary contractors), committed or were about to commit international crimes and failed to take the measures necessary to stop them, or to punish them, or both, are likewise personally responsible for the commission of international crimes. This category of officialdom who actually knew or should have known of the commission of these international crimes under their jurisdiction and failed to do anything about them include at the very top of America’s criminal chain-of-command the President, the Vice-President, the U.S. Secretary of Defense, Secretary of State, Director of National Intelligence, the C.I.A. Director, National Security Advisor and the Pentagon’s Joint Chiefs of Staff along with the appropriate Regional Commanders-in-Chiefs, especially for U.S. Central Command (CENTCOM).
These U.S. government officials and their immediate subordinates are responsible for the commission of crimes against peace, crimes against humanity, and war crimes as specified by the Nuremberg Charter, Judgment, and Principles as well as by U.S. Army Field Manual 27-10 of 1956. Today in international legal terms, the United States government itself should now be viewed as constituting an ongoing criminal conspiracy under international criminal law in violation of the Nuremberg Charter, the Nuremberg Judgment, and the Nuremberg Principles, because of its formulation and undertaking of serial wars of aggression, crimes against peace, crimes against humanity, and war crimes that are legally akin to those perpetrated by the former Nazi regime in Germany. As a consequence, American citizens possess the basic right under international law and the United States domestic law, including the U.S. Constitution, to engage in acts of civil resistance designed to prevent, impede, thwart, or terminate ongoing criminal activities perpetrated by U.S. government officials in their conduct of foreign affairs policies and military operations purported to relate to defense and counter-terrorism.
“The United States government itself should now be viewed as constituting an ongoing criminal conspiracy under international criminal law in violation of the Nuremberg Charter, the Nuremberg Judgment, and the Nuremberg Principles.”
For that very reason, large numbers of American citizens have decided to act on their own cognizance by means of civil resistance in order to demand that the U.S. government adhere to basic principles of international law, of U.S. domestic law, and of the U.S. Constitution in its conduct of foreign affairs and military operations. Mistakenly, however, such actions have been defined to constitute classic instances of “civil disobedience” as historically practiced in the United States. And the conventional status quo admonition by the U.S. power elite and its sycophantic news media for those who knowingly engage in “civil disobedience” has always been that they must meekly accept their punishment for having performed a prima facie breach of the positive laws as a demonstration of their good faith and moral commitment. Nothing could be further from the truth! Today’s civil resisters are the sheriffs! The U.S. government officials are the outlaws!
Here I would like to suggest a different way of thinking about civil resistance activities that are specifically designed to thwart, prevent, or impede ongoing criminal activity by officials of the U.S. government under well recognized principles of international and U.S. domestic law. Such civil resistance activities represent the last constitutional avenue open to the American people to preserve their democratic form of government with its historical commitment to the rule of law and human rights. Civil resistance is the last hope America has to prevent the U.S. government from moving even farther down the path of lawless violence in Africa, the Middle East, Southwest Asia, military interventionism into Latin America, and nuclear confrontation with Iran, Pakistan, North Korea, Russia, and China.
Such measures of “civil resistance” must not be confused with, and indeed must be carefully distinguished from, acts of “civil disobedience” as traditionally defined. In today’s civil resistance cases, what we witness are American citizens attempting to prevent the ongoing commission of international and domestic crimes under well-recognized principles of international law and U.S. domestic law. This is a phenomenon essentially different from the classic civil disobedience cases of the 1950s and 1960s where incredibly courageous African Americans and their supporters were conscientiously violating domestic laws for the express purpose of changing them. By contrast, today’s civil resisters are acting for the express purpose of upholding the rule of law, the U.S. Constitution, human rights, and international law. Applying the term “civil disobedience” to such civil resistors mistakenly presumes their guilt and thus perversely exonerates the U.S. government criminals.
“Civil resistance is the last hope America has to prevent the U.S. government from moving even farther down the path of lawless violence.”
Civil resistors disobeyed nothing, but to the contrary obeyed international law and the United States Constitution. By contrast, U.S. government officials disobeyed fundamental principles of international law as well as U.S. criminal law and thus committed international crimes and U.S. domestic crimes as well as impeachable violations of the United States Constitution. The civil resistors are the sheriffs enforcing international law, U.S. criminal law and the U.S. Constitution against the criminals working for the U.S. government!
Today the American people must reaffirm their commitment to the Nuremberg Charter, Judgment, and Principles by holding their government officials fully accountable under international law and U.S. domestic law for the commission of such grievous international and domestic crimes. They must not permit any aspect of their foreign affairs and defense policies to be conducted by acknowledged “war criminals” according to the U.S. government’s own official definition of that term as set forth in U.S. Army Field Manual 27-10 (1956), the U.S. War Crimes Act, and the Geneva Conventions. The American people must insist upon the impeachment, dismissal, resignation, indictment, conviction, and long-term incarceration of all U.S. government officials guilty of such heinous international and domestic crimes. That is precisely what American civil resisters are doing today!
This same right of civil resistance extends pari passu to all citizens of the world community of states. Everyone around the world has both the right and the duty under international law to resist ongoing criminal activities perpetrated by the U.S. government and its nefarious foreign accomplices in allied governments such as Britain, the other NATO states, Australia, Japan, South Korea, Georgia, Puerto Rico, etc. If not so restrained, the U.S. government could very well precipitate a Third World War. Here in Puerto Rico we saw the stunning example of the most courageous civil resistors against Yankee Imperialism on Vieques.
The future of American foreign policy and the peace of the world lie in the hands of American citizens and the peoples of the world—not the bureaucrats, legislators, judges, lobbyist, think-tanks, professors, and self-styled experts who inhibit Washington, D.C., New York City, and Cambridge, Massachusetts. Civil resistance is the way to go! This is our Nuremberg Moment now!
Francis A. Boyle teaches law at the University of Illinois. He is a graduate of the University of Chicago and Harvard Law School. He has advised numerous international bodies in the areas of human rights, war crimes, genocide, nuclear policy, and bio warfare. He received a PHD in political science from Harvard
Our Struggle Continues! Venceremos! November 28, 2012Posted by rogerhollander in Human Rights, Latin America.
Tags: civil disobedience, death squads, fort benning, human rights, Latin America, roger hollander, roy bourgeios, School of the Americas, soa, soa watch, whinsec
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From November 16-18, over two thousand students, prison abolitionists, teachers, nuns, immigrants, musicians, farmers, activists and workers from across the Americas mobilized to the gates of Fort Benning, to once more express our humanity and solidarity against the school of death and destruction. This year, we were fortunate to have so many activists from Latin America and the Caribbean who shared their stories with us and walked with us. It was a true manifestation of the saying: “Somos Una América! We are One America!”
On Sunday, November 18, we called out the names of our martyrs, including Ebed Yanes, 15, who was assassinated by SOA-trained troops in May, 2012, in Honduras. From left: Fr Ismael Moreno Coto of Honduras, Fr Roy Bourgeois, Adriana Portillo-Bartow, Dr. Martin Almada of Paraguay.
Thousands came together, including many for the very first time. This year, the names of people who died crossing the US/Mexico border were read along with those of SOA victims.
Expressing a vision of the world through puppetry is an integral part of the SOA Watch movement. On Saturday, the puppetistas brought out the USS Empire, representing the 520 years of oppression… which was later overwhelmed by our collective resistance!
Nashua Chantal, 60 years old, from Americus, Georgia, as he climbs the ladder over the fence at Fort Benning, to carry our protest onto the base. He faces 6 months in prison. Nashua will be in federal court in Columbus on January 9, 2013 to put the SOA/ WHINSEC on trial.
Fort Benning military police arrest Nashua for crossing the line.
Hundreds watch as Nashua is taken away. Our resistance transcends borders and fences, and we will not stop until they do!
Also, check a report back from Father Melo about his experience at the gates. Nina spoke of her first trip to Fort Benning, as did Dominique, who rode on the Veterans for Peace bus from Minnesota. From Ft Benning to Cairo, Eva reports on her views of militarism. Also, Rebel Diaz rapper Rodstarz wrote of his encounter with undercover police. Check the reports out!
We marched to the Stewart Detention center to protest unjust immigration laws; we connected our issues during caucuses and workshops; we remembered the names of the victims; and one of us took our collective message over the fence. We left with the renewed knowledge that our struggle did not begin or end at Fort Benning, but that we will continue to build a just and peaceful world in our communities every single day of the year!
Thank you to all of you who participated in the Vigil weekend and we invite you to stay connected and continue to spread the word through talks in your communities, video-showings, house-meetings, dances, theater, and legislative work (see you in DC April 8-10, 2013!). Take a rest, and get ready for a rebellious and transformative 2013!
PS: In the coming weeks, we will be delivering a letter to Congress urging them to include SOA/WHINSEC in their mandatory budget cuts. If you haven’t done so, please ask your local, regional or national organization to sign on to the SOA Watch Congressional letter.