From Hiroshima to Syria, the enemy whose name we dare not speak September 11, 2013Posted by rogerhollander in Imperialism, War.
Tags: al-assad, assad, atomic bomb, chemical weapons, depleted uranium, east timor, gareth evans, gaza, genocide, global center, hiroshima, humanistarian intervention, john pilger, liberal fascism, Middle East, norman pollack, roger hollander, security council, suharto, syria war, Vietnam War, War Crimes, white phosphorous, wilfred burchett
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Roger’s note: In referring to the United States of America, celebrated documentary film maker John Pilger states, ” The great unmentionable is that humanity’s most dangerous enemy resides across the Atlantic.” This is the “inconvenient truth” most Americans are either to uninformed or willfully naive to acknowledge. Any U.S. president, of either party, unless she/he is willing to face some form of assassination at the hands of the imperial military-industrial complex, has no choice other than to play the role of war criminal, the present Nobel Peace Laureate included.
OpEdNews Op Eds 9/10/2013 at 15:43:17
Tags: Stephen Harper, Canada, Bush Doctrine, United Nations, foreign policy, canada government, security council, thomas walkom
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(Roger’s note: This article describes Canadian Prime Minister Stephen Harper’s taking the Canadian government into the world of the Bush Doctrine. Unfortunately, this will be irreversible [at least in the short run]. The reason for this is that the only possible successor to the Harper government is a Liberal government led by Michael Ignatieff, who is no less hawkish or slavishly beholden to US foreign policy than is Harper. We have seen in the US, the transition for the Bush government to the fraudulent Obama has not changed its foreign policy one iota . An NDP government in Canada is perhaps the only possible means of altering the course of Canadian foreign policy, but that would take a minor miracle to happen.)
By Thomas Walkom National Affairs Columnist, Toronto Star, October 13, 2010
Free beer and maple syrup aren’t enough. By denying Canada a seat on the United Nations Security Council, the rest of the world has served notice that – in its view – this country’s foreign policy is bankrupt.
That’s not because the 192 other nations that make up the UN General Assembly particularly dislike Canada. They don’t.
But clearly, a vast majority prefer the Canada they thought they knew, a Canada that strove to defuse international tensions by focusing not just on who was right or wrong but on what was fair and reasonable.
In that sense, Tuesday’s vote was the world’s response to Prime Minister Stephen Harper – a great, big raspberry for the man who has attempted to introduce what he calls a new morality into the realm of Canadian foreign affairs.
The theory of this new morality was outlined by Harper in a 2003 magazine article.
Writing at a time when many thought George W. Bush’s Iraq War defensible, Harper excoriated Canada’s then-Liberal government for not taking part in that conflict – a reluctance that he said stemmed from the “moral relativism, moral neutrality and moral equivalency” of the left.
A truly conservative government, he pledged, would sweep away this “moral nihilism” and base its foreign policy on rock-ribbed values.
Once in office, Harper attempted to do just that. His stubborn defence of Huseyin Celil, a Canadian citizen imprisoned in China, threatened trade relations with Beijing. But the prime minister held firm, vowing that Canada’s foreign policy would note be governed by “the almighty dollar.”
This repudiation of dollar diplomacy didn’t last long. Under business pressure, Harper soon moved to improve relations with China’s dictators. These days, the prime minister rarely mentions Celil’s name.
But the so-called new morality lived on in a different form, focusing less on abstract principles like human rights, and more on choosing sides.
In this view of the world, there are few grey areas. If Colombia’s government is fighting terrorists, then it is right – no matter how vicious its own death squads.
If Israel is fighting suicide bombers, then its actions – however dubious in terms of international law – are justified.
With Harper, Canada’s more measured approach to the Middle East came to an abrupt end. Under the new morality, Israel was right, period.
Harper lauded both its 2006 incursion into Lebanon and its later attack on Gaza. When a Canadian soldier on duty as a UN observer in Lebanon was targeted and killed by Israeli forces, the prime minister made little fuss.
In the new, Conservative moral universe, Major Paeta Hess-von Kruedener was merely collateral damage in an apocalyptic battle between good and evil
Indeed, the Harper government’s new morality applied to the UN itself. To those looking for certainty in foreign affairs, the UN – an organization based on compromise – is by definition corrupt, a haven of moral relativists.
Last year, Harper showed his disdain for the world body by skipping out of a meeting of the UN General Assembly to attend a photo op at an Oakville doughnut shop.
This year Canada cut off its aid to the United Nations Relief and Works Agency (which works in Hamas-controlled Gaza and is deemed suspect by Israel), channeling it instead to the anti-Hamas Palestinian Authority.
Belatedly, when he recognized the political embarrassment he could suffer from failing to win a security council seat, Harper switched his approach. He spoke of his respect for the world body. He lobbied the leaders of small countries.
In New York, Canadian diplomats reportedly tried to woo their counterparts with cases of free beer and maple syrup.
But it was too late. The world had seen enough of Canada’s new, I’m-right-you’re-wrong approach to foreign affairs. And it decided it preferred us the way we used to be.
Iraq Invasion in 2003 Was Illegitimate: Dutch Probe January 12, 2010Posted by rogerhollander in Europe, Iraq and Afghanistan, War.
Tags: dutch, dutch government, dutch intelligence, dutch troops, Iraq, Iraq invasion, Iraq war, netherlands, roger hollander, saddam hussein, security council, un resolution, war, willibrord davids, wmd
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THE HAGUE – The 2003 US-led invasion of Iraq lacked legitimacy under international law, an independent commission probing Dutch political support for the still controversial action said Tuesday.
“There was insufficient legitimacy” for the invasion for which the Netherlands gave political but no military backing, commission chairman Willibrord Davids told journalists in The Hague.
The commission’s report said the wording of UN resolution 1441 “cannot reasonably be interpreted (as the Dutch government did) as authorising individual member states to use military force to compel Iraq to comply with the Security Council’s resolutions.”
The resolution, passed in 2002, had offered Iraq “a final opportunity to comply with its disarmament obligations”.
The Dutch commission, which started its work in March last year, was set up by the government following pressure from opposition politicians and the public for a probe of claims that crucial data had been withheld from Dutch decision-makers who opted to support the US-led action.
The Netherlands had sent about 1,100 troops to Iraq in July 2003 to take part in a post-invasion, UN-mandated Iraqi stabilisation force. They left Iraq in 2005.
The probe found that Dutch policy on the issue had been defined by the foreign ministry under then minister Jaap de Hoop Scheffer, who later became NATO secretary-general.
“The Prime Minister (Jan Peter Balkenende, still premier today) took little or no lead in debates on the Iraq question; he left the matter of Iraq entirely to the minister of foreign affairs,” the report said.
The commission also found that Dutch intelligence services did not have “any significant amount of independently sourced information” that Iraq possessed weapons of mass destructions — the main justification used by the United States and Britain for the war. None were ever found.
Balkenende has repeatedly stated that Dutch backing for the invasion was based on then-Iraqi leader Saddam Hussein’s refusal to respect UN Security Council resolutions.
The commission report said the Dutch government did not disclose to parliament the full content of a 2002 US request for support.
But there was “no evidence”, it added, to support rumours that the Netherlands had made a clandestine military contribution to the invasion.
Last month, a former UN weapons inspector said former US president George W. Bush and British Prime Minister Tony Blair shared a conviction that Hussein was a threat, blinding them to the lack of evidence justifying war and causing them to mislead the public.
An official inquiry has started in Britain, with Blair set to testify in the coming weeks on the intelligence used to make a case for war.
© 2010 AFP
War, Peace and Obama’s Nobel November 7, 2009Posted by rogerhollander in Foreign Policy, Iran, Israel, Gaza & Middle East, Pakistan, Peace, War, Women.
Tags: iaea resolution, India nuclear, iran nuclear, israel nuclear, malalai joya, nculear weapons, Noam Chomsky, nobel committee, nobel peace, nobel peace prize, non-proliferation treaty, npt, nuclear non-proliferation, nuclear proliferation, Obama, obama nuclear, obama peace, Pakistan nuclear, peace, resolution 1887, roger hollander, security council, war
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The hopes and prospects for peace aren’t well aligned-not even close. The task is to bring them nearer. Presumably that was the intent of the Nobel Peace Prize committee in choosing President Barack Obama.
The prize “seemed a kind of prayer and encouragement by the Nobel committee for future endeavor and more consensual American leadership,” Steven Erlanger and Sheryl Gay Stolberg wrote in The New York Times.
The nature of the Bush-Obama transition bears directly on the likelihood that the prayers and encouragement might lead to progress.
The Nobel committee’s concerns were valid. They singled out Obama’s rhetoric on reducing nuclear weapons.
Right now Iran’s nuclear ambitions dominate the headlines. The warnings are that Iran may be concealing something from the International Atomic Energy Agency and violating U.N. Security Council Resolution 1887, passed last month and hailed as a victory for Obama’s efforts to contain Iran.
Meanwhile, a debate continues on whether Obama’s recent decision to reconfigure missile-defense systems in Europe is a capitulation to the Russians or a pragmatic step to defend the West from Iranian nuclear attack.
Silence is often more eloquent than loud clamor, so let us attend to what is unspoken.
Amid the furor over Iranian duplicity, the IAEA passed a resolution calling on Israel to join the Nuclear Non-Proliferation Treaty and open its nuclear facilities to inspection.
The United States and Europe tried to block the IAEA resolution, but it passed anyway. The media virtually ignored the event.
The United States assured Israel that it would support Israel’s rejection of the resolution-reaffirming a secret understanding that has allowed Israel to maintain a nuclear arsenal closed to international inspections, according to officials familiar with the arrangements. Again, the media were silent.
Indian officials greeted U.N. Resolution 1887 by announcing that India “can now build nuclear weapons with the same destructive power as those in the arsenals of the world’s major nuclear powers,” the Financial Times reported.
Both India and Pakistan are expanding their nuclear weapons programs. They have twice come dangerously close to nuclear war, and the problems that almost ignited this catastrophe are very much alive.
Obama greeted Resolution 1887 differently. The day before he was awarded the Nobel Prize for his inspiring commitment to peace, the Pentagon announced it was accelerating delivery of the most lethal non-nuclear weapons in the arsenal: 13-ton bombs for B-2 and B-52 stealth bombers, designed to destroy deeply hidden bunkers shielded by 10,000 pounds of reinforced concrete.
It’s no secret the bunker busters could be deployed against Iran.
Planning for these “massive ordnance penetrators” began in the Bush years but languished until Obama called for developing them rapidly when he came into office.
Passed unanimously, Resolution 1887 calls for the end of threats of force and for all countries to join the NPT, as Iran did long ago. NPT non-signers are India, Israel and Pakistan, all of which developed nuclear weapons with U.S. help, in violation of the NPT.
Iran hasn’t invaded another country for hundreds of years-unlike the United States, Israel and India (which occupies Kashmir, brutally).
The threat from Iran is minuscule. If Iran had nuclear weapons and delivery systems and prepared to use them, the country would be vaporized.
To believe Iran would use nuclear weapons to attack Israel, or anyone, “amounts to assuming that Iran’s leaders are insane” and that they look forward to being reduced to “radioactive dust,” strategic analyst Leonard Weiss observes, adding that Israel’s missile-carrying submarines are “virtually impervious to preemptive military attack,” not to speak of the immense U.S. arsenal.
In naval maneuvers in July, Israel sent its Dolphin class subs, capable of carrying nuclear missiles, through the Suez Canal and into the Red Sea, sometimes accompanied by warships, to a position from which they could attack Iran-as they have a “sovereign right” to do, according to U.S. Vice President Joe Biden.
Not for the first time, what is veiled in silence would receive front-page headlines in societies that valued their freedom and were concerned with the fate of the world.
The Iranian regime is harsh and repressive, and no humane person wants Iran-or anyone else-to have nuclear weapons. But a little honesty would not hurt in addressing these problems.
The Nobel Peace Prize, of course, is not concerned solely with reducing the threat of terminal nuclear war, but rather with war generally, and the preparation for war. In this regard, the selection of Obama raised eyebrows, not least in Iran, surrounded by U.S. occupying armies.
On Iran’s borders in Afghanistan and in Pakistan, Obama has escalated Bush’s war and is likely to proceed on that course, perhaps sharply.
Obama has made clear that the United States intends to retain a long-term major presence in the region. That much is signaled by the huge city-within-a city called “the Baghdad Embassy,” unlike any embassy in the world.
Obama has announced the construction of mega-embassies in Islamabad and Kabul, and huge consulates in Peshawar and elsewhere.
Nonpartisan budget and security monitors report in Government Executive that the “administration’s request for $538 billion for the Defense Department in fiscal 2010 and its stated intention to maintain a high level of funding in the coming years put the president on track to spend more on defense, in real dollars, than any other president has in one term of office since World War II. And that’s not counting the additional $130 billion the administration is requesting to fund the wars in Iraq and Afghanistan next year, with even more war spending slated for future years.”
The Nobel Peace Prize committee might well have made truly worthy choices, prominent among them the remarkable Afghan activist Malalai Joya.
This brave woman survived the Russians, and then the radical Islamists whose brutality was so extreme that the population welcomed the Taliban. Joya has withstood the Taliban and now the return of the warlords under the Karzai government.
Throughout, Joya worked effectively for human rights, particularly for women; she was elected to parliament and then expelled when she continued to denounce warlord atrocities. She now lives underground under heavy protection, but she continues the struggle, in word and deed. By such actions, repeated everywhere as best we can, the prospects for peace edge closer to hopes.
Tags: ballistic missile, Barack Obama, barack obama china india intelligence iran israel japan law media military north korea npt nuclear nukes obama pakistan ritter russia security south korea wmd, china, India, intelligence, Iran, israel, japan, law, Media, military, missile, non-proliferation, north korea, npt, nuclear, nukes, outer space treaty, pakistan, ritter, roger hollander, russia, security, security council, south korea, UN Charter, wmd
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Posted on Apr 17, 2009, www.truthdig.com
|AP photo / Ahn Young-joon|
By Scott Ritter
Six minutes before 1 o’clock in the afternoon, on Jan. 23, a 173-foot-tall, two-stage rocket lifted off from Northeast Asia. Capable of carrying a giant 33,000-pound payload, the rocket’s liquid-fuel engine, supplemented by two solid-fuel strap-on booster rockets, generated nearly half a million pounds of thrust before giving way to the second stage, likewise powered by a liquid-fuel engine. After reaching a height of nearly 430 miles, the rocket released into orbit a 3,850-pound satellite, along with seven smaller probes. Other than the small community of scientists interested in the data expected to be collected from the “Ibuki” Greenhouse Gases Observatory Satellite (GOSAT), the rocket’s main payload, very few people around the world took notice of the launch. The United Nations Security Council did not meet in an emergency session to denounce the launch, nor did it craft a package of punitive economic sanctions in response.
The reason? The rocket in question, the H-2A, was launched by Japan, at its Tanegashima Space Launch Facility. Deemed an exclusively civilian program, the H-2A has been launched 15 times since its inaugural mission on Aug. 29, 2001. Four of these launches have been in support of exclusively military missions, delivering spy satellites into orbit over North Korea. Although capable of delivering a modern nuclear warhead to intercontinental ranges, the H-2A is seen as a “non-threatening” system since its liquid-fueled engines require a lengthy fueling process prior to launching, precluding any quick-launch capability deemed essential for a military application.
In contrast, on April 5, at 11:30 in the morning, North Korea launched a three-stage rocket called “Unha,” or “Milky Way,” which it claimed was carrying a single small communications satellite weighing a few hundred pounds. Like the H-2A, the “Unha,” better known in the West as the Taepodong-2, is liquid-fueled, requiring weeks of preliminary preparation before launch. Although North Korea declared the vehicle to be intended for launching a satellite, the launch was condemned even before it occurred as “dangerous” and “provocative,” unlike Japan’s similar efforts.
The Taepodong-2 launch was the second attempt by the North Koreans to get this particular design airborne. In 2006, the first effort ended in failure when the rocket exploded some 40 seconds after liftoff. The second launch, by all accounts (except North Korea’s, which announced that its satellite was successfully orbiting the Earth, broadcasting patriotic music), was likewise a failure. The first stage, based on a Chinese design derived from the CSS-2 missile, seemed to function as intended, given the fact that it splashed down in the Sea of Japan in the area expected. However, the second stage, together with the smaller solid-fuel third stage designed to boost the satellite into orbit, fell several hundred miles short of its anticipated impact area, indicating a failure of the second stage to perform properly and, ultimately, launch the satellite. Western hysteria, which labeled the North Korean rocket a direct threat to the western United States, prompting calls for the missile to be shot down, proved unfounded.
In October 2006, in response to North Korea’s announcement that it had conducted an underground test of a nuclear weapon, the Security Council of the United Nations passed Resolution 1718. This resolution, passed under Chapter VII of the U.N. Charter, condemned the North Korean nuclear weapon test and called for the imposition of economic sanctions until North Korea’s nuclear weapons program was dismantled and its nuclear program as a whole reintegrated into the nuclear nonproliferation treaty. It also singled out North Korea’s ballistic missile programs, demanding that Pyongyang “not conduct any further … launch of a ballistic missile” and “suspend all activities related to its ballistic missile program and in this context re-establish its pre-existing commitments to a moratorium on missile launching” and “abandon all other existing weapons of mass destruction and ballistic missile programme in a complete, verifiable and irreversible manner.”
The April 5 launch was widely condemned by the United States and others (including Japan, which assumed a leading role in framing the North Korean test as “destabilizing” and “dangerous”). President Barack Obama characterized the North Korean launch as a violation of Security Council resolutions and pushed for the council to punish Pyongyang. However, not everyone shared the sentiments of the United States and Japan. Both Russia and China questioned whether the launch was in fact a violation of Resolution 1718, noting that North Korea had every right to launch satellites. The best the United States and Japan could get from the U.N. Security Council was a statement issued by the council president condemning the launch as a “contravention” of Security Council Resolution 1718 and demanding that North Korea “comply fully” with its obligations under the resolution. The statement also demanded that North Korea not shoot off any more rockets or missiles.
Thus it appears that the United Nations Security Council, and not North Korea, is acting in a manner inconsistent with international law. On March 5, 2009, North Korea notified Russia that it was joining the 1966 Outer Space Treaty. Russia is one of three depository states for that treaty (the other two being the United States and the United Kingdom), and North Korea’s announcement made the commitment binding. At the same time, North Korea informed the U.N. secretary-general that it was joining the 1974 Convention on Registration of Objects Launched Into Outer Space. The Outer Space Treaty proclaims “the exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind,” and that “outer space shall be free for exploration and use by all States.” North Korea’s joining the 1974 convention, while not mandatory, put it in compliance with the established practices of other nations having space launch programs, including Iran, which signed the treaty back in 1967, and which on Feb. 2, 2008, successfully launched a satellite on board its two-stage Safir-2 (“Ambassador”) vehicle. While the United States and others strongly criticized the Iranian action, Russia noted that Iran had not violated international law. The same holds true of the North Korean launch.
A major problem confronting President Obama and others who fear that North Korean and Iranian launches are merely a cover for the development of technologies useful for military ballistic missile programs is that, unlike in the nuclear field, where the nuclear nonproliferation treaty (NPT) seeks to control nuclear weapon technologies and activities within a framework of binding international law, there is no corresponding treaty vehicle concerning ballistic missiles. In 1991, the U.N. Security Council did impose restrictions on ballistic missile technology for Iraq in the aftermath of the Gulf War, but this was a case-specific action which, in defining its mandate, had to turn not to an existing body of binding international law-based definitions, but rather to a voluntary arrangement known as the Missile Technology Control Regime [MTCR], brought into being in 1987. Today the MTCR consists of 34 members, all of which have agreed to abide by a regime that controls the availability of missile-related technology to nonmember states. But the MTCR does not carry with it the force of law, and has become politicized over the years through the inconsistent application of its mandate to the point that it is viewed by many nonsignatory nations as sustaining the military advantage of the member nations.
While both North Korea and Iran have come under strong international criticism and sanctions for their respective nuclear and missile activities, it should be noted that neither nation has acted in a manner which violates international law. North Korea withdrew from the NPT prior to testing its nuclear weapon, and Iran’s nuclear enrichment program operates with full transparency and in keeping with its obligations under the NPT. As signatories to the 1966 Outer Space Treaty, both nations are legally permitted to pursue space launch activity, and the MTCR does not ban ballistic missile development, but rather merely prevents signatory nations from providing such technology to nonsignatory nations. But the lack of international outrage and demands for sanctions against nations such as Israel, Pakistan and India (all of which possess nuclear weapons programs operating outside the NPT, as well as military ballistic missile programs designed to deliver these nuclear weapons) undermines the legitimacy of the current attention on North Korea and Iran.
On the day North Korea launched its “Unha” vehicle, President Obama delivered a speech in Prague, the Czech Republic, which was hastily redrafted to take the North Korean action into account. “North Korea broke the rules,” Obama said. “Rules must be binding. Violations must be punished. Words must mean something.” These bold statements were made at the same time the president was calling for a global abolition of nuclear weapons and a strengthened NPT as “a basis for cooperation,” one which would require “more resources and authority to strengthen international inspections” and deliver “real and immediate consequences for countries caught breaking the rules or trying to leave the treaty without cause.” The president outlined a valid (if vague) course of action concerning nuclear weapons, but having linked nuclear weapons with ballistic missile delivery vehicles, he remained conspicuously mute on how he envisioned containing and controlling that threat.
Expansion of the MTCR is not a viable option, although in its most recent plenary session the MTCR underscored the importance of the regime working closely with the United Nations to follow through on measures put in place under Security Council Resolution 1540, passed in 2004 under Chapter VII of the U.N. Charter. Those measures require all states to “establish domestic controls to prevent the proliferation of such weapons and means of delivery, in particular for terrorist purposes, including by establishing appropriate controls over related materials, and adopt legislative measures in that respect.” The resolution specifically said that none of its obligations should be interpreted “so as to conflict with or alter the rights and obligations of State parties to the Nuclear Non-Proliferation Treaty, the Chemical Weapons Convention and the Biological and Toxin Weapons Convention or alter the responsibilities of the International Atomic Energy Agency (IAEA) or the Organization for the Prohibition of Chemical Weapons (OPCW).” This reflects the reality that there is established, binding international agreement on nuclear, chemical and biological weapons. There is no such agreement on ballistic missiles.
This is the missing link in Obama’s call for a nuclear-free world. It will be difficult enough to convince entrenched domestic special interests, both economic and political, that we would be safer without nuclear weapons. It will be impossible to sell such a program internationally unless it is coupled with a similar undertaking involving the very missiles and related technology the MTCR seeks to restrict. Such a restriction cannot be limited to those nations which do not currently possess such technology, but rather must be binding on all nations. While the world was focused on the launch of the North Korean missile, almost unmentioned was the testing of an SS-25 intercontinental missile by Russia on April 10. This missile, designed and equipped to deliver a single 500-kiloton nuclear warhead, flew 6,000 miles before hitting its designated target area (the warhead used was a dummy). And what about February’s test launch of a U.S. Navy D-5 ballistic missile from a Trident submarine? This missile flew some 4,000 miles and was equipped with multiple warheads. There was hardly any mention of the test of a U.S. Minuteman III missile in July 2006, made six days after the U.S. orchestrated Security Council condemnation of North Korea’s failed launch of a Taepodong-2 space launch vehicle. India, Pakistan and Israel have all conducted recent tests of their respective nuclear-capable ballistic missile arsenals. If the world is going to be serious about getting rid of nuclear weapons, then it must also address the issue of eliminating those delivery vehicles which provide the most viable vector for nuclear attack—ballistic missiles.
Combining the goals and intent of the MTCR with the 1966 Outer Space Treaty would be a good place to start. Banning ballistic missiles yet maintaining space launch capability are not mutually exclusive objectives. The technologies might be similar, but the employment methodologies are not. Military ballistic missiles are deployed in secrecy and rapidly prepared for launch. Space launch vehicles are operated in full transparency, on declared schedules with announced objectives. If the list of technologies currently controlled by the MTCR was expanded to include all technologies associated with missile launch activity, and access to such technologies made conditional on their use in declared, carefully monitored space launchings controlled by a binding international treaty, it would be possible to rid the world of the scourge of global nuclear attack by not only removing the nuclear weapons but also the most effective means of their delivery. Obama and others who criticize North Korea and Iran would do well to reflect on such a possibility the next time they embark on the ineffective and hypocritical path of assailing those who simply seek to acquire what we already have—whether it be nuclear weapons, nuclear technology, ballistic missiles or space launch capability.
Scott Ritter was a U.N. weapons inspector in Iraq from 1991 to 1998 and a U.S. Marine intelligence officer. He is author of “Target Iran” (Nation Books, 2006) and the forthcoming “On Dangerous Ground: Following the Path of America’s Failed Arms Control Policy,” also published by Nation Books.
A Call to End All Renditions February 11, 2009Posted by rogerhollander in Criminal Justice, Torture.
Tags: Abu Omar, aclu, Afghanistan, Al Gore, Alberto Gonzales, binyam homamed, boeing, bush administration, cairo, canadian detainee, clinton administration, Cuba, eric holder, extraordinary rendition, Guantanamo, human rights, illegal surveillance, International law, janet mayer, jeppesen dataplan, leon panetta, luis posada, mahar arar, marjorie cohn, morocco, new yorker, nsc, obama administration, rendition, rendtion flights, richard clarke, roger hollander, secret cia camps, security council, state secrets, Syria, torture, torture flights, War Crimes
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Mohamed and four other plaintiffs are accusing Boeing subsidiary Jeppesen Dataplan, Inc. of flying them to other countries and secret CIA camps where they were tortured. In Mohamed’s case, two British justices accused the Bush administration of pressuring the British government to block the release of evidence that was “relevant to allegations of torture” of Mohamed.
Twenty-five lines edited out of the court documents included details about how Mohamed’s genitals were sliced with a scalpel as well as other torture methods so extreme that waterboarding “is very far down the list of things they did,” according to a British official quoted by the Telegraph (UK).
The plaintiffs’ complaint quotes a former Jeppesen employee as saying, “We do all of the extraordinary rendition flights – you know, the torture flights.” A senior company official also apparently admitted the company transported people to countries where they would be tortured.
Obama’s Justice Department appeared before a three-judge panel of the Ninth U.S. Circuit Court of Appeals Monday in the Jeppesen lawsuit. But instead of making a clean break with the dark policies of the Bush years, the Obama administration claimed the same “state secrets” privilege that Bush used to block inquiry into his policies of torture and illegal surveillance. Claiming that the extraordinary rendition program is a state secret is disingenuous since it is has been extensively documented in the media.
“This was an opportunity for the new administration to act on its condemnation of torture and rendition, but instead it has chosen to stay the course,” said the ACLU’s Ben Wizner, counsel for the five men.
If the judges accept Obama’s state secrets claim, these men will be denied their day in court and precluded from any recovery for the damages they suffered as a result of extraordinary rendition.
Two and a half weeks before Obama’s representative appeared in the Jeppesen case, the new President had signed Executive Order 13491. It established a special task force “to study and evaluate the practices of transferring individuals to other nations in order to ensure that such practices comply with the domestic laws, international obligations, and policies of the United States and do not result in the transfer of individuals to other nations to face torture or otherwise for the purpose, or with the effect, of undermining or circumventing the commitments or obligations of the United States to ensure the humane treatment of individuals in its custody or control.”
This order prohibits extraordinary rendition. It also ensures humane treatment of persons in U.S. custody or control. But it doesn’t specifically guarantee that prisoners the United States renders to other countries will be free from cruel, inhuman or degrading treatment that doesn’t amount to torture. It does, however, aim to ensure that our government’s practices of transferring people to other countries complies with U.S. laws and policies, including our obligations under international law.
One of those laws is the International Covenant on Civil Political Rights (ICCPR), a treaty the United States ratified in 1992. Article 7 of the ICCPR prohibits the States Parties from subjecting persons “to torture or to cruel, inhuman, or degrading treatment or punishment.” The UN Human Rights Committee, which is the body that monitors the ICCPR, has interpreted that prohibition to forbid States Parties from exposing “individuals to the danger of torture or cruel, inhuman or degrading treatment or punishment upon return to another country by way of their extradition, expulsion or refoulement.”
Order 13491 also mandates, “The CIA shall close as expeditiously as possible any detention facilities that it currently operates and shall not operate any such detention facility in the future.” The order does not define “expeditiously” and the definitional section of the order says that the terms ‘detention facilities’ and ‘detention facility’ “do not refer to facilities used only to hold people on a short-term, transitory basis.” Once again, “short term” and “transitory” are not defined.
In his confirmation hearing, Attorney General Eric Holder categorically stated that the United States should not turn over an individual to a country where we have reason to believe he will be tortured. Leon Panetta, nominee for CIA director, went further last week and interpreted Order 13491 as forbidding “that kind of extraordinary rendition, where we send someone for the purposes of torture or for actions by another country that violate our human values.”
But alarmingly, Panetta appeared to champion the same standard used by the Bush administration, which reportedly engaged in extraordinary rendition 100 to 150 times as of March 2005. After September 11, 2001, President Bush issued a classified directive that expanded the CIA’s authority to render terrorist suspects to other States. Former Attorney General Alberto Gonzales said the CIA and the State Department received assurances that prisoners will be treated humanely. “I will seek the same kinds of assurances that they will not be treated inhumanely,” Panetta told the senators.
Gonzales had admitted, however, “We can’t fully control what that country might do. We obviously expect a country to whom we have rendered a detainee to comply with their representations to us . . . If you’re asking me, ‘Does a country always comply?’ I don’t have an answer to that.”
The answer is no. Binyam Mohamed’s case is apparently the tip of the iceberg. Maher Arar, a Canadian born in Syria, was apprehended by U.S. authorities in New York on September 26, 2002, and transported to Syria, where he was brutally tortured for months. Arar used an Arabic expression to describe the pain he experienced: “you forget the milk that you have been fed from the breast of your mother.” The Canadian government later exonerated Arar of any terrorist ties. In another instance, thirteen CIA operatives were arrested in Italy for kidnapping an Egyptian, Abu Omar, in Milan and transporting him to Cairo where he was tortured.
Panetta made clear that the CIA will continue to engage in rendition to detain and interrogate terrorism suspects and transfer them to other countries. “If we capture a high-value prisoner,” he said, “I believe we have the right to hold that individual temporarily to be able to debrief that individual and make sure that individual is properly incarcerated.” No clarification of how long is “temporarily” or what “debrief” would mean.
When Sen. Christopher Bond (R-Mo.) asked about the Clinton administration’s use of the CIA to transfer prisoners to countries where they were later executed, Panetta replied, “I think that is an appropriate use of rendition.” Jane Mayer, columnist for the New Yorker, has documented numerous instances of extraordinary rendition during the Clinton administration, including cases in which suspects were executed in the country to which the United States had rendered them. Once when Richard Clarke, President Clinton’s chief counter-terrorism adviser on the National Security Council, “proposed a snatch,” Vice-President Al Gore said, “That’s a no-brainer. Of course it’s a violation of international law, that’s why it’s a covert action. The guy is a terrorist. Go grab his ass.”
There is a slippery slope between ordinary rendition and extraordinary rendition. “Rendition has to end,” Michael Ratner, president of the Center for Constitutional Rights, recently told Amy Goodman on Democracy Now!: “Rendition is a violation of sovereignty. It’s a kidnapping. It’s force and violence.” Ratner queried whether Cuba could enter the United States and take Luis Posada, the man responsible for blowing up a commercial Cuban airline in 1976 and killing 73 people. Or whether the United States could go down to Cuba and kidnap Assata Shakur, who escaped a murder charge in New Jersey.
Moreover, “renditions for the most part weren’t very productive,” a former CIA official told the Los Angeles Times. After a prisoner was turned over to authorities in Egypt, Jordan or another country, the CIA had very little influence over how prisoners were treated and whether they were ultimately released.
The U.S. government should disclose the identities, fate, and current whereabouts of all persons detained by the CIA or rendered to foreign custody by the CIA since 2001. Those who ordered renditions should be prosecuted. And the special task force should recommend, and Obama should agree to, an end to all renditions.
Israel Pounds Gaza: Shells Crowded Hospital, UN Compound and Building Housing Media Organizations January 15, 2009Posted by rogerhollander in Israel, Gaza & Middle East, War.
Tags: american jews, american rabbis, amy goodman, Ban Ki-moon, ceasefire, christian zionist movement, Christopher Gunness, civilian targets, Democracy Now, gaza, hamas, hillary clinton, humanitarian aid, israel, israel bombs hospital, israeli army, israeli massacre, israeli military, juan gonzalez, Middle East, Moussa El-Haddad, Obama, Palestinians, phosphorus munitions, Rabbi Michael Lerner, red cross, religious leaders, rockets, roger hollander, security council, tikkun magazine, United Nations, white phosphorus, zionism
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www.democracynow.org, January 15, 2009
AMY GOODMAN: We go directly to the Middle East to Gaza. Juan?
JUAN GONZALEZ: Well, Israeli forces are continuing to pound Gaza City, hitting civilian targets, including a UN building, a hospital and a building housing several media organizations, in some of the heaviest shelling in nearly three weeks. Israeli troops, backed by helicopter gunships, tanks and heavy guns, have pushed deeply into densely populated neighborhoods. Thousands of Gaza City residents are fleeing their homes.
The Palestinian death toll now stands at at least 1,045, at least half of them civilians. Another 4,860 have been injured. Thirteen Israelis have been killed, including four by friendly fire.
AMY GOODMAN: We go now to Gaza to speak with Dr. Moussa El-Haddad, a retired physician. He lives in Gaza City.
Welcome to Democracy Now! Tell us where you are and what’s happening right now, Dr. El-Haddad.
DR. MOUSSA EL-HADDAD: Well, I am in Gaza City itself. What’s happening is a state that is almost impossible to describe. The Israeli army has escalated the attack on civilians since last night. I did not have a single minute of sleep for the last probably eighteen hours. There have been bombardment every day, every minute, all night long. My house was rocking all the time.
And this morning, when the sun rose, we could at least look from the window, and I could see, as you probably have seen on the TV, smoke coming out buildings, civilian buildings, apartment buildings. Actually, two hospitals were bombarded this morning, the Al-Quds and the Al-Wafa Hospital. Al-Wafa Hospital is a hospital for handicaps, by the way, and old people. A media apartment was also hit this morning not far from my house. That’s Abu Dhabi news agency.
So, wherever, it’s extremely unsafe now, even inside our homes, smoke everywhere. I could see cluster bombs being fired this morning, and the phosphorus bombs now are used freely on the civilians. I’m sure you have seen it on the TV.
AMY GOODMAN: Dr. El-Haddad, we heard that white phosphorus was dropped on the UN compound, that hundreds of people, families were there taking refuge. We discussed white phosphorus yesterday with Human Rights Watch. Can you talk, as a doctor, about the effects of the burning? For example, they say it can’t be put out, the fires that it creates, just by pouring water on it. In fact, that exacerbates it.
DR. MOUSSA EL-HADDAD: No, no, no. You cannot, actually. If you pour water on it, it gets worse, if you get this burn. Number one, those people who get exposed to white phosphorus get severe respiratory distress. They can hardly breathe, and then the exposed skin gets burned. If you put water on it, the burning increases, becomes worse. So you cannot really do much about it. And if the affected area was exposed too much for white phosphorus, it burns the skin, muscles and deep to the bones. So, eventually, a lot of these patients will lose some of their limbs.
AMY GOODMAN: Doctor El-Haddad, we’ve just been joined by Christopher Gunness. He’s the spokesperson for the UN Relief and Works Agency.
Can you tell us, Chris Gunness, what has happened to the UN compound in Gaza?
CHRISTOPHER GUNNESS: Well, this morning, there were three rounds of white phosphorus which landed in our compound in Gaza. That set ablaze the main warehouse and the big workshop we have there for vehicles. At the time, there were 700, also, people displaced from the fighting. There were full fuel tankers there. The Israeli army have been given all the coordinates of all our facilities, including this one. They also knew that there were fuel tankers laden with fuel in the compound, and they would have known that there were hundreds of people who had taken refuge.
The Israeli Defense Minister apologized to the Secretary-General for this, but, for us, we need deeds, not words. We have to get on with our humanitarian task. Amazingly, our operations are continuing today, and I have to pay tribute to the extraordinary bravery and commitment of our staff in Gaza. We’re continuing with our food distributions. We’re picking up humanitarian goods from the crossings, and we are doing healthcare as best we can.
JUAN GONZALEZ: And from this latest strike, were there any casualties in your compound?
CHRISTOPHER GUNNESS: There were at least three, and that’s when I was last able to talk to office, but it’s possible there are more. But for the moment, three people injured. And it, again, tragically illustrates that when you have this [inaudible] on and off, the military machine, when you have rockets flying out of Gaza, humanitarian workers and innocent civilians are going to get caught in the crossfire. Of course, we condemn the rockets that come out of Gaza.
But the world has been revulsed by the pictures that have come out of Gaza, which is why today we’ve, on the ground, utterly endorsed and backed the call of the world’s top diplomat, Ban Ki-moon. [inaudible] he’s the conscience of the world. He’s come here with a Security Council resolution, which says stop the fighting. And those parties on the ground who are continuing to fight are doing so in defiance and in isolation.
JUAN GONZALEZ: And this use of phosphorus munitions, your response to that?
CHRISTOPHER GUNNESS: Well, I’m not a military person, but a colleague of mine said to me in Gaza today, who, you know, has a military background and knows these things, it looks like white phosphorus, it smells like white phosphorus, and it burns like white phosphorus. We weren’t able, initially, to put the fighting out, because we had only conventional fire extinguishers. White phosphorus needs sand, and we didn’t have sand in quantities. But I’m pleased to say that the Red Cross fire services have managed to make [unintelligible] a compound and are now fighting the blaze.
AMY GOODMAN: Chris Gunness, in addition to the three people you say that were wounded there, what about the thousands of tons of supplies? Is that right? Food, medical supplies, other aid in this building?
CHRISTOPHER GUNNESS: Yes, I don’t have a handle on exact quantities, but there’s no doubt that aid was destroyed, aid paid for with your tax dollars and mine. It’s a tragic piece of symbolism that the very pallets that we deliver humanitarian assistance on are on fire in Gaza. You know, what more tragic symbolism could there be of the situation that we find ourselves in today?
AMY GOODMAN: Ehud Barak said this was a mistake, the attack on the UN compound. Your response?
CHRISTOPHER GUNNESS: Well, we want deeds and not words. Our workers and, indeed, the civilians in Gaza have come in harm’s way too many times. This on-off with the pause, so-called, is not good enough. It’s woefully inadequate, because, of course, we have to preposition our aid before the actual pause takes place, where—there’s heavy fighting where I am—the booms—anyway, which is slightly distracting. There are—you know, we have to preposition our aid at our food distribution centers. We have to get our medical supplies to hospitals, which we are doing our best to supply. We have got to get fuel to hospitals, because most of the hospitals in Gaza today are running twenty-four/seven on emergency generators, so babies on life support systems, patients, the dying, the elderly, the sick, who need electricity, are in a life-threatening situation.
So, we are continuing with our work, but we say, “Please, will the parties on the ground listen to the call of the world’s top diplomat today?” On his first day of his peace mission to Israel, he has, again, endorsed the call of the Security Council for an immediate ceasefire. And this terrible attack on the United Nations headquarters is another tragic illustration of what happens when you don’t have a ceasefire. There has to be a permanent ceasefire.
JUAN GONZALEZ: I’d like to ask Dr. Moussa El-Haddad, who is still on the line with us—
DR. MOUSSA EL-HADDAD: Yes.
JUAN GONZALEZ: —the Israelis say that they keep notifying the population to flee areas that they are attacking. What does this mean to you? Where could you possibly go to flee to safety?
DR. MOUSSA EL-HADDAD: Well, number one, let me tell you that I’ve heard from many people whose houses have been demolished, bombarded, that no warning has been given. Some people were given warnings through the Red Cross, but many people were not warned. So, those who leave their houses, they just go out to shelters, UNRWA shelters—you know, it’s not actually shelters; it’s schools and—or to their relatives.
But let me just add a comment to what Mr. Ehud Olmert said, that he apologized, that it was a mistake. If that was one mistake—and I tell you right now on the air—that they have committed hundreds of mistakes during the last three weeks. You know, what about all these apartment buildings that only civilians occupy? Children and families are trapped in elevators and under the stairs. Children and women bleeding in the streets, and the Israeli Army tanks are not allowing Red Cross or humanitarian aid to go and help them. The ambulances are not allowed to go in. They bleed for hours. And we can hear them on the radio asking for help and somebody to come and help them and take them. Dead bodies are in the streets down in our area in the southwest of Gaza. It’s—I’ll tell you, this is a disaster on humans. This is a human disaster in the twenty-first century. And everybody is looking.
I’m a—as a physician, I am telling you. You know, even now, you know, I just hope they stop this, whatever you want to call it, massacre or what. But I hope that they just stop it [inaudible]. And even if they do, there will be, years to come, people suffering psychologically, handicap people. You know, we already started seeing things like this. So, I don’t know how long we have to take until this thing stops. And I just hope that Mr. Bush is enjoying his time playing with his cat or dog right now.
AMY GOODMAN: Doctor Moussa El-Haddad, we’d like to ask you to stay on with us. We’re going to go to break. But Christopher Gunness, if you haven’t left us yet, spokesperson for UNRWA—
CHRISTOPHER GUNNESS: No, I’m here.
AMY GOODMAN: —just a comment on UNICEF. It’s rare that it speaks out. Ann Veneman is the head of UNICEF, used to be the head of Department of Agriculture here in the United States. But UNICEF has condemned the Gaza attack. In a rare statement, it urged an immediate ceasefire, calling the deaths of children tragic and unacceptable. Final comments, Christopher Gunness?
CHRISTOPHER GUNNESS: Well, it is entirely unacceptable. And, of course, we’re very gratified and welcome the statement by Ann Veneman. Too many innocent children, too many babies, too many women have been killed. And, of course, in Israel too, there have been rockets which we condemn. The pictures have revulsed the world, and Ban Ki-moon has come here as the conscience of the world. He’s expressing the revulsion of the world and is calling for the rockets to stop and for the fighting in Gaza to stop. Enough innocent civilians have been killed. It has to stop.
AMY GOODMAN: Christopher Gunness, thanks for being with us, spokesperson for UN Relief and Works Agency.
CHRISTOPHER GUNNESS: Thank you very much.
AMY GOODMAN: Dr. El-Haddad will stay with us. When we come back from break, we’re joined by Rabbi Michael Lerner, an open letter to Barack Obama. Rabbis have taken out a full-page ad in the New York Times to make a statement about Gaza. Stay with us.
JUAN GONZALEZ: A coalition of American rabbis and other religious, cultural and community leaders bought a full-page ad in the New York Times on Wednesday calling for an immediate ceasefire in Gaza and for President-elect Barack Obama to convene an international Middle East peace conference. The initiative was led by Rabbi Michael Lerner, editor of Tikkun magazine. Lerner said the group had to buy ad space because the nation’s major newspapers are not giving room for this perspective.
AMY GOODMAN: Rabbi Michael Lerner joins us in San Francisco.
Welcome to Democracy Now! You’ve been listening as we spoke to Christopher Gunness, UN Relief and Works Agency, as well as Dr. El-Haddad, who is trapped in his house in Gaza, observing what is happening outside. Rabbi Lerner, talk about your message, who put out this ad and what it says.
RABBI MICHAEL LERNER: Well, it was put out by Tikkun magazine, and we are actually trying now to get other liberal and progressive people around the country to help us. Go to tikkun.org, so that we can reproduce this in the Washington Post and in other major media. Unfortunately, the media, except for Democracy Now! and Pacifica and a few other places, are obliterating the message that many, many American Jews and other religious leaders, spiritual leaders and just American citizens are outraged at the immorality of what is happening.
So we’re demanding an immediate ceasefire, but we’re also asking for President Obama to take an immediate leadership in convening an international conference, because the direction that was laid out by Senator Clinton yesterday, that she said Obama and she agreed on, which would call for—would say that there are no negotiations with Hamas until Hamas recognizes the state of Israel, which, of course, is not going to happen—Hamas is going to be agreeable to a ceasefire, and maybe a long-term ceasefire, twenty or thirty years, but it’s not going to recognize Israel, so this policy is a non-starter. It’s a stupid policy. And it’s exactly in reverse of what Obama said he would do during the elections, when he was saying he would negotiate with people, including Iran and Syria, despite the fact that he abhorred their policies.
Why, in Israel, do we have the one time when he won’t negotiate, won’t talk to Hamas? Well, of course, the answer is obvious. It’s that the Israel lobby, combining extremely right-wing Jews in this country with a powerful Christian Zionist movement, have blocked out of public discourse all of the moral sentiments of the American public, which would be outraged at what’s going on in Gaza at this moment and, more generally, understand that the best interests of Israel and Israeli security lies in reconciliation with the Palestinian people, not in trying to wipe them out.
JUAN GONZALEZ: Rabbi Lerner, in your open letter to Barack Obama, you raise your concern that, having met him several times in the past, that you saw a great hope in terms of the Middle East in his policies, but that you were concerned, starting with the election campaign last year, that you saw a change in his direction. Could you elaborate on that?
RABBI MICHAEL LERNER: Well, you know, in my conversations with Obama—Obama came to a Tikkun conference in 1996, and I spoke to him about these issues in 2006. And he was very much aligned with the Tikkun perspective, which is a perspective that says that the best interest of Israel lies in peace and reconciliation with the Palestinian people.
But the pressures that have been brought upon him during the campaign and now afterwards are immense. You cannot underestimate the amount of push that is going on all around him. And remember that last week the Senate voted overwhelmingly—that is, unanimously—to support the Israeli position, and the House voted—I think it was 405-to-five in support of the Israeli position.
There is nothing coming from the other direction. And that’s why those of us who really care about the security of the Palestinian people and the Israeli people need to stand up and speak very loudly at this time and to ask President Obama to intervene, to intervene directly, and to not listen to all those forces that are saying to him, “Forget about the Israel thing. Don’t risk your political capital on Israel-Palestine. Turn to other issues.” Now, this is happening—as you see and you beautifully demonstrated, this is happening, this moral outrage, this violation of human rights, is happening on a daily basis right now, and we need leadership right now.
AMY GOODMAN: We’re going to end with Dr. Moussa El-Haddad back in Gaza, retired physician living in Gaza City, as best he can right now. Dr. El-Haddad, why don’t you leave your home? How far are the Israeli troops from your home?
DR. MOUSSA EL-HADDAD: Why don’t I leave my home?
AMY GOODMAN: Yes.
DR. MOUSSA EL-HADDAD: Well, number one, there is nowhere to go. As you know, all the borders are closed. And if I leave, all the places are unsafe now. As we mentioned in the beginning, the civilians are trapped into this, between—this is a game being played between the politicians, and the civilians are paying the price. Number one, all the borders of Gaza Strip are closed. As you know, also the sea is closed. You cannot leave.
And as a human being, I would like to leave when I want and where I want. I don’t want to leave because Israel wants me to leave.
So the Israeli army now is pretty close to me, the tanks. Nobody is safe in this area. And as you know, more than 300 children have been killed so far, and some of them are as young as five months old. Can you believe it?
AMY GOODMAN: Dr. Moussa El-Haddad, the program is ending now. I want to thank you for being with us—
DR. MOUSSA EL-HADDAD: That’s my pleasure, dear.
AMY GOODMAN: —and wish you safety, a retired physician living in Gaza City. His daughter, Laila El-Haddad, is the journalist who we’ve interviewed who writes the popular blog “Raising Yousuf.” Yousuf is Dr. Moussa El-Haddad’s grandson.
One Missing Word Sowed the Seeds of Catastrophe December 20, 2008Posted by rogerhollander in Israel, Gaza & Middle East, War.
Tags: abba eban, arthur goldberg, caradon, Colin Powell, gaza, golan, israel, jerusalem, jordan, king hussein, Lyndon Johnson, Middle East, Palestine, plo, resolution 242, robert fisk, rusk, security council, sinai, territories, United Nations, west bank
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Posted on Dec 20, 2008, www.truthdig.com
|AP photo / Khalil Hamra|
By Robert Fisk
Editor’s note: This article was originally printed in The Independent.
A nit-picker this week. And given the fact that we’re all remembering human rights, the Palestinians come to mind since they have precious few of them, and the Israelis because they have the luxury of a lot of them.
And Lord Blair, since he’ll be communing with God next week, might also reflect that he still—to his shame—hasn’t visited Gaza. But the nit-picking has got to be our old friend United Nations Security Council Resolution 242. This, you’ll recall, was supposed to be the resolution that would guide all future peace efforts in the Middle East; Oslo was supposed to have been founded on it and all sorts of other processes and summits and road maps.
It was passed in November 1967, after Israel had occupied Gaza, the West Bank, East Jerusalem, the Sinai and Golan, and it emphasises “the inadmissibility of the acquisition of territory by war” and calls for “withdrawal of Israeli armed forces from territories occupied in the recent conflict”.
Readers who know the problem here will be joined by those who will immediately pick it up. The Israelis say that they are not required to withdraw from all the territories—because the word “all” is missing and since the definite article “the” is missing before the word “territories”, its up to Israel to decide which bits of the occupied territories it gives up and which bits it keeps.
Hence Israel can say it gave up Sinai in accordance with 242 but is going to keep East Jerusalem and much of the West Bank for its settlers. Golan depends on negotiations with Syria. And Gaza? Well, 242 doesn’t say anything about imprisoning one and a half million civilians because they voted for the wrong people. No one in 1967 dreamed that the Israeli-Arab conflict would still be in ferocious progress 41 years later. And as an Independent reader pointed out a couple of years ago, the Security Council clearly never intended the absence of a definite article to give Israel an excuse to stay in the West Bank. Alas, our reader was wrong.
I’ve been going back through my files on 242 and discovered a most elucidating paper by John McHugo, who was a visiting fellow at the Scottish Centre for International Law at Edinburgh University. He points out that pro-Israeli lawyers have been saying for some years that “Resolution 242 unanimously called for withdrawal from ‘territories’ rather than withdrawal from ‘all the territories’. Its choice of words was deliberate … they signify that withdrawal is required from some but not all the territories”.
McHugo is, so far as I know, the only man to re-examine the actual UN debates on 242 and they make very unhappy reading. The French and Spanish versions of the text actually use the definite article. But the Brits—apparently following a bit of strong-arm tactics from the Americans—did not use “the”. Lord Caradon, our man at the UN, insisted on putting in the phrase about the “inadmissability of the acquisition of territory by war” in order to stop the Israelis claiming that they could cherry-pick which lands to return and which to hand on to. Britain accepted Jordan’s rule over the West Bank—the PLO were still shunned as super-terrorists at the time—but it did no good. Abba Eban, Israel’s man on the East River, did his best to persuade Caradon to delete both “the” and the bit about the inadmissability of territory through war. He won the first battle, but not the second.
That great American statesman George Ball was to recount how, when the Arabs negotiated over 242 in early November of 1967—at the Waldorf Astoria (these guys knew how to pick the swankiest hotels for political betrayal)—the US ambassador to the UN, Arthur Goldberg, told King Hussein that America “could not guarantee that everything would be returned by Israel”. The Arabs distrusted Goldberg because he was known to be pro-Zionist, but Hussein was much comforted when US Secretary of State Dean Rusk assured him in Washington that the US “did not approve of Israeli retention of the West Bank”. Hussein was further encouraged when he met President Johnson who told him that Israeli withdrawal might take place in “six months”. Goldberg further boosted his confidence. “Don’t worry. They’re on board,” he said of the Israelis. Ho ho.
It’s intriguing to note that several other nations at the UN were troubled by the absence of “the”. The Indian delegate, for example, pointed out that the resolution referred to “all the territories—I repeat, all the territories—occupied by Israel … ” while the Soviet Union (which knew all about occupying other people’s countries) stated that “we understand the decision to mean the withdrawal of Israeli forces from all, and we repeat, all territories belonging to Arab states and seized by Israel … ”. President Johnson rebuffed the Soviets and bluntly refused to put the word “all” in the resolution. Bulgaria, not surprisingly, said much the same as the Soviets. Brazil expressed reservations—rightly so—about “the clarity of the wording”. The Argentinians “would have preferred a clearer text”. In other words, the future tragedy was spotted at the time. But we did nothing. The Americans had stitched it up and the Brits went along with it. The Arabs were not happy but foolishly—and typically—relied on Caradon’s assurances that “all” the territories was what 242 meant, even if it didn’t say so. Israel still fought hard to get rid of the “inadmissability” bit, even when it had got “the” out.
Ye gods! Talk about sowing the seeds of future catastrophe. Well, Colin Powell, when he was George W Bush’s secretary of state, gutlessly told US diplomats to call the West Bank “disputed” rather than “occupied”—which suited the Israelis just fine although, as McHugo pointed out, the Israelis might like to consider what would happen if the Arabs talked about those bits of Israel which were not included in the original UN partition plan as “disputed” as well. Besides, George W’s infamous letter to Ariel Sharon, saying he could, in effect, keep large bits of the West Bank, set the seal on Johnson’s deception.
McHugo mischievously adds that a mandatory warning in a city that says “dogs must be kept on the lead near ponds in the park” clearly means that “all” dogs and “all” ponds are intended. These days, of course, we use walls to keep dogs out. Palestinians, too.