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‘Time for a Reckoning’: UN Investigator says US/UK Must Account for Torture, Human Rights Violation March 5, 2013

Posted by rogerhollander in Barack Obama, Dick Cheney, George W. Bush, Human Rights, Torture, Uncategorized, War on Terror.
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Roger’s note: “Under Obama, Attorney General Eric Holder said that the Department of Justice would not prosecute any official who acted in good faith and within the scope of legal guidance given by its Office of Legal Counsel in the Bush era on interrogation.”  The mind boggles at this statement, which was the classic Nazi defense  (not to mention the classic “Nixon Defense:” if the president does it, it is legal).  It is as if Nuremberg never happened.  
Published on Tuesday, March 5, 2013 by Common Dreams

‘Words are not enough. Platitudinous repetition of statements affirming opposition to torture ring hollow,’ says Ben Emmerson’

- Jon Queally, staff writer

If the US and UK governments truly want to rebuke the role that kidnapping, torture and prolonged detention without trial played—and in some cases continues to play—in their declared “war against terrorism” than they must go beyond words and release the still disclosed internal reports that document such abuses.

Ben Emmerson: failure to release intelligence reports shows seeming unwillingness by UK and US to face up to international crimes. Photograph: Sarah Lee for the Guardian

That’s the argument of Ben Emmerson, the UN special rapporteur on the promotion and protection of human rights while countering terrorism, who spoke out on Monday against the secrecy and denial that persists within both governments.

Perpetrators and architects of such programs should be held accountable and face justice, he declared in both an official report and in a speech delivered Monday.

“Despite this clear repudiation of the unlawful actions carried out by the Bush-era CIA, many of the facts remain classified, and no public official has so far been brought to justice in the United States,” Emmerson writes in the report written for the the U.N. Human Rights Council, which he will present Tuesday.

Prefacing the report in Geneva on Monday, Emmerson criticized “a policy of de facto immunity for public officials who engaged in acts of torture, rendition and secret detention, and their superiors and political masters who authorized these acts.”

Citing the hypocrisy of such secrecy and the damage done to the reputation of both countries abroad, Emmerson continued:

“Words are not enough. Platitudinous repetition of statements affirming opposition to torture ring hollow to many in those parts of the Middle East and North Africa that have undergone, or are undergoing, major upheaval, since they have first-hand experience of living under repressive regimes that used torture in private whilst making similar statements in public.”

“The scepticism of these communities can only be reinforced if western governments continue to demonstrate resolute indifference to the crimes committed by their predecessor administrations.”

Shortly before the speech in Geneva, Emmerson told the Guardian it was time for “a reckoning with the past”. He added:

“In South America it took up to 30 years before the officials responsible for crimes like these were held fully accountable. With the conspiracy organised by ther Bush-era CIA it has taken a decade, but the campaign for securing the right to truth has now reached a critical point.

“The British and American governments are sitting on reports that reveal the extent of the involvement of former governments in these crimes. If William Hague is serious about pursuing a policy of ethical counter-terrorism, as he says he is, then the first thing the British government needs to do is to release the interim report of the Gibson Inquiry immediately.”

And Reuters adds:

Emmerson, an international lawyer from Britain, has served since August 2011 in the independent post set up by the U.N. Human Rights Council in 2005 to probe human rights violations committed during counter-terrorism operations worldwide.

The “war on terror” waged by Bush after al Qaeda attacks on the United States on September 11, 2001 led to “gross or systematic” violations involving secret prisons for Islamic militant suspects, clandestine transfers and torture, Emmerson said.

Under Obama, Attorney General Eric Holder said that the Department of Justice would not prosecute any official who acted in good faith and within the scope of legal guidance given by its Office of Legal Counsel in the Bush era on interrogation.

But Emmerson said that using a “superior orders defense” and invoking secrecy on national security grounds was “perpetuating impunity for the public officials implicated in these crimes”.

Obama: A GOP President Should Have Rules Limiting the Kill List November 27, 2012

Posted by rogerhollander in Barack Obama, War, Criminal Justice, Pakistan, Democracy, Civil Liberties, War on Terror, Constitution.
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Roger’s note: No one says it better than Glenn Greenwald.

Published on Tuesday, November 27, 2012 by The Guardian/UK

The president’s flattering view of himself reflects the political sentiments in his party and the citizenry generally

  by  Glenn Greenwald

For the last four years, Barack Obama has not only asserted, but aggressively exercised, the power to target for execution anyone he wants, including US citizens, anywhere in the world. He has vigorously resisted not only legal limits on this assassination power, but even efforts to bring some minimal transparency to the execution orders he issues.

Mitt Romney and Barack Obama during the second US presidential debate. (Photograph: Mike Segar/Reuters)

This claimed power has resulted in four straight years of air bombings in multiple Muslim countries in which no war has been declared – using drones, cruise missiles and cluster bombs – ending the lives of more than 2,500 people, almost always far away from any actual battlefield. They are typically targeted while riding in cars, at work, at home, and while even rescuing or attending funerals for others whom Obama has targeted. A substantial portion of those whom he has killed – at the very least – have been civilians, including dozens of children.

Worse still, his administration has worked to ensure that this power is subject to the fewest constraints possible. This was accomplished first by advocating the vague, sweeping Bush/Cheney interpretation of the 2001 Authorization to Use Military Force (AUMF) – whereby the President can target not only the groups which perpetrated the 9/11 attack (as the AUMF provides) but also those he claims are “associated” which such groups, and can target not only members of such groups (as the AUMF states) but also individuals he claims provide “substantial support” to those groups. Obama then entrenched these broad theories by signing into law the 2011 National Defense Authorization Act, which permanently codified those Bush/Cheney interpretation of these war powers.

From the start, Obama officials have also ensured that these powers have no physical limits, as they unequivocally embraced what was once the core and highly controversial precept of Bush/Cheney radicalism: that the US is fighting a “global war” in which the “whole world is a battlefield”, which means there are no geographical constraints to the president’s war powers. In sum, we have had four straight years of a president who has wielded what is literally the most extreme and tyrannical power a government can claim – to execute anyone the leader wants, even his own citizens, in total secrecy and without a whiff of due process – and who has resisted all efforts to impose a framework of limits or even transparency.

But finally, according to a new article on Sunday by The New York Times’ Scott Shane, President Obama was recently convinced that some limits and a real legal framework might be needed to govern the exercise of this assassination power. What was it that prompted Obama finally to reach this conclusion? It was the fear that he might lose the election, which meant that a Big, Bad Republican would wield these powers, rather than a benevolent, trustworthy, noble Democrat – i.e., himself [emphasis added]:

“Facing the possibility that President Obama might not win a second term, his administration accelerated work in the weeks before the election to develop explicit rules for the targeted killing of terrorists by unmanned drones, so that a new president would inherit clear standards and procedures, according to two administration officials. . . .

“The matter may have lost some urgency after Nov. 6. But . . . Mr. Obama and his advisers are still debating whether remote-control killing should be a measure of last resort against imminent threats to the United States, or a more flexible tool, available to help allied governments attack their enemies or to prevent militants from controlling territory. . . .

For years before the Sept. 11, 2001, attacks, the United States routinely condemned targeted killings of suspected terrorists by Israel, and most countries still object to such measures.

“But since the first targeted killing by the United States in 2002, two administrations have taken the position that the United States is at war with Al Qaeda and its allies and can legally defend itself by striking its enemies wherever they are found.

“Partly because United Nations officials know that the United States is setting a legal and ethical precedent for other countries developing armed drones, the U.N. plans to open a unit in Geneva early next year to investigate American drone strikes. . . .

“The attempt to write a formal rule book for targeted killing began last summer after news reports on the drone program, started under President George W. Bush and expanded by Mr. Obama, revealed some details of the president’s role in the shifting procedures for compiling ‘kill lists’ and approving strikes. Though national security officials insist that the process is meticulous and lawful, the president and top aides believe it should be institutionalized, a course of action that seemed particularly urgent when it appeared that Mitt Romney might win the presidency.

“‘There was concern that the levers might no longer be in our hands,’ said one official, speaking on condition of anonymity. With a continuing debate about the proper limits of drone strikes, Mr. Obama did not want to leave an ‘amorphous’ program to his successor, the official said. The effort, which would have been rushed to completion by January had Mr. Romney won, will now be finished at a more leisurely pace, the official said.”

Now that Obama rather than Romney won, such rules will be developed “at a more leisurely pace”. Despite Obama’s suggestion that it might be good if even he had some legal framework in which to operate, he’s been in no rush to subject himself to any such rules in four full years of killing thousands of people. This makes it safe to assume that by “a more leisurely pace”, this anonymous Obama official means: “never”.

There are many important points raised by this report: Kevin Gosztola and Marcy Wheeler, among others, have done their typically excellent job of discussing some of them, while this Guardian article from Sunday reports on the reaction of the ACLU and others to the typical Obama manipulation of secrecy powers on display here (as usual, these matters are too secret to permit any FOIA disclosure or judicial scrutiny, but Obama officials are free to selectively leak what they want us to know to the front page of the New York Times). I want to focus on one key point highlighted by all of this:

Democratic Party benevolence

The hubris and self-regard driving this is stunning – but also quite typical of Democratic thinking generally in the Obama era. The premise here is as self-evident as it is repellent:

I’m a Good Democrat and a benevolent leader; therefore, no limits, oversight, checks and balances, legal or Constitutional constraints, transparency or due process are necessary for me to exercise even the most awesome powers, such as ordering people executed. Because of my inherent Goodness and proven progressive wisdom, I can be trusted to wield these unlimited powers unilaterally and in the dark.

Things like checks, oversight and due process are desperately needed only for Republicans, because – unlike me – those people are malevolent and therefore might abuse these powers and thus shouldn’t be trusted with absolute, unchecked authority. They – but not I – urgently need restrictions on their powers.

This mentality is not only the animating belief of President Obama, but also the sizable portion of American Democrats which adores him.

There are many reasons why so many self-identified progressives in the US have so radically changed their posture on these issues when Barack Obama replaced George W. Bush. Those include (a) the subordination of all ostensible beliefs to their hunger for partisan power; (b) they never actually believed these claimed principles in the first place but only advocated them for partisan opportunism, i.e., as a way to discredit the GOP President; and (c) they are now convinced that these abuses will only be used against Muslims and, consumed by self-interest, they concluded that these abuses are not worth caring about because it only affects Others (this is the non-Muslim privilege enjoyed by most US progressives, which shields them from ever being targeted, so they simply do not care; the more honest ones of this type even admit this motivation).

But the primary reason for this fundamental change in posture is that they genuinely share the self-glorifying worldview driving Obama here. The core premise is that the political world is shaped by a clean battle of Good v. Evil. The side of Good is the Democratic Party; the side of Evil is the GOP. All political truths are ascertainable through this Manichean prism.

This is the simplistic, self-flattering morality narrative that gets reinforced for them over and over as they sit for hours every day having their assumptions flattered and validated (and never questioned or challenged) by watching MSNBC, reading pro-Obama blogs that regularly churn out paeans to his greatness, and drinking up the hundreds of millions of dollars of expertly crafted election-year propaganda from the Party that peddles this Justice League cartoon.

The result is that, for so many, it is genuinely inconceivable that a leader as noble, kind and wise as Barack Obama would abuse his assassination and detention powers. It isn’t just rank partisan opportunism or privilege that leads them not to object to Obama’s embrace of these radical powers and the dangerous theories that shield those powers from checks or scrutiny. It’s that they sincerely admire him as a leader and a man so much that they believe in their heart (like Obama himself obviously believes) that due process, checks and transparency are not necessary when he wields these powers. Unlike when a GOP villain is empowered, Obama’s Goodness and his wisdom are the only safeguards we need.

Thus, when Obama orders someone killed, no due process is necessary and we don’t need to see any evidence of their guilt; we can (and do) just assume that the targeted person is a Terrorist and deserves death because Obama has decreed this to be so. When Obama orders a person to remain indefinitely in a cage without any charges or any opportunity to contest the validity of the imprisonment, that’s unobjectionable because the person must be a Terrorist or otherwise dangerous – or else Obama wouldn’t order him imprisoned. We don’t need proof, or disclosed evidence, or due process to determine the validity of these accusations; that it is Obama making these decisions is all the assurance we need because we trust him.

Similar sentiments shaping the Bush era

This mindset is so recognizable because it is also what drove Bush followers for years as they defended his seizures of unchecked authority and secrecy powers. Those who spent years arguing against the Bush/Cheney seizure of extremist powers always confronted this mentality at bottom, once the pseudo-intellectual justifications were debunked: George Bush is a Good man and a noble leader who can be trusted to exercise these powers in secret and with no checks, because he only wants to keep us safe and will only target the Terrorists.

Molded by exactly the same species of drooling presidential hagiography now so prevalent in progressive circles – compare this from the Bush era to things like this and this – conservatives believed that Bush was a good man and a great leader and thus needed no safeguards or transparency. If Bush wanted to eavesdrop on someone, or wanted to imprison someone, then – solely by virtue of his decree – we could and should assume the person was a Terrorist, or at least there was ample evidence to believe he was.

We were graced with a leader we could trust to exercise unlimited war powers in the dark. This is precisely the same mentality applied by Democrats (and by Obama himself) to the current President, except it not only justifies due-process-free eavesdropping and detention but also execution.

Faith v. reason and evidence

It is, for several reasons, extraordinary that so many citizens have been successfully trained to so venerate their Party’s leaders that they literally believe no checks or transparency are necessary, even as those leaders wield the most extremist powers: executing people, bombing multiple countries, imprisoning people with no charges, mass monitoring and surveilling of entire communities.

For one, there is ample evidence that virtually every leader of both major parties over the last century systematically abused these powers because they were able to exercise them in the dark. It was this discovery by the Church Committee that led to the reforms of the mid-1970s – reforms grounded in the premise that virtually all leaders, by virtue of human nature, will inevitably abuse these powers, exercise them for ignoble ends, if they operate without serious restraints and oversight. One has to ignore all of this historic evidence in order to place trust in any particular leader to exercise these powers without checks.

Then there is all the specific evidence of all the post-9/11 abuses. Over the last decade, the US government – under both parties – has repeatedly accused people of being Terrorists and punished them as Terrorists who were nothing of the sort. Whether due to gross error or more corrupt motives, the Executive Branch and its various intelligence and military agencies have proven beyond any reasonable doubt that their mere accusation that someone is a Terrorist – unproven with evidence and untested by any independent tribunal – is definitively unreliable.

Even beyond that, it is well-documented that the US government, under Obama, often targets people for death when they don’t even know the identity of the person they’re trying to kill. From the Sunday New York Times article:

“Then there is the matter of strikes against people whose identities are unknown. In an online video chat in January, Mr. Obama spoke of the strikes in Pakistan as ‘a targeted, focused effort at people who are on a list of active terrorists.’ But for several years, first in Pakistan and later in Yemen, in addition to ‘personality strikes’ against named terrorists, the CIA and the military have carried out ‘signature strikes’ against groups of suspected, unknown militants.

“Originally that term was used to suggest the specific ‘signature’ of a known high-level terrorist, such as his vehicle parked at a meeting place. But the word evolved to mean the ‘signature’ of militants in general – for instance, young men toting arms in an area controlled by extremist groups. Such strikes have prompted the greatest conflict inside the Obama administration, with some officials questioning whether killing unidentified fighters is legally justified or worth the local backlash.”

It is truly staggering to watch citizens assert that their government is killing “Terrorists” when those citizens have no clue who is being killed. But that becomes even more astounding when one realizes that not even the US government knows who they’re killing: they’re just killing anyone whose behavior they think generally tracks the profile of a Terrorist (“young men toting arms in an area controlled by extremist groups”). And, of course, the Obama administration has re-defined “militant” to mean “all military-age males in a strike zone” – reflecting their propagandistic sloganeering that they are killing Terrorists even when they, in fact, have no idea who they are killing.

In light of all this evidence, to continue to blindly assume that unproven government accusations of “Terrorist” are tantamount to proof of those accusations is to embrace the type of faith-based trust that lies at the core of religious allegiance and faith in a god, not rational citizenship. Yet over and over, one encounters some form of this dialogue whenever this issue arises:

ARGUMENT: The US government shouldn’t imprison/kill/surveil people without providing evidence of their guilt.

GOVERNMENT-DEFENDING RESPONSE: But these are Terrorists, and they have to be stopped.

OBVIOUS QUESTION: How do you know they’re Terrorists if no evidence of their guilt has been presented and no due process accorded?

Ultimately, the only possible answer to that question – the only explanation for why this definitively authoritarian mentality persists – is because people have been so indoctrinated with the core Goodness of their particular party leader that they disregard all empirical evidence, and their own rational faculties, in order to place their blind faith in the leader they have grown to love and admire (if my leader says someone is a Terrorist, then I believe they are, and I don’t need to see evidence of that).

One can reasonably debate the extent to which democracy requires that some degree of trust be vested in the capabilities and judgment of whichever political leaders one supports. But however far that trust should extend, surely it must stop well before the vesting of the power to imprison and kill in total secrecy, far from any battlefield and without any checks or due process.

Core principles disregarded in lieu of leader-love

The Times article describes the view of Obama that some “drone rules” would be needed to be developed in light of the possibility of Romney’s victory. But at least some such rules already exist: they’re found in these things called “the Constitution” and “the Bill of Rights”, the Fifth Amendment to which provides:

“No person shall be . . . deprived of life, liberty, or property, without due process of law;”

Yet all of that has been tossed aside in lieu of a deeply disturbing and unhealthy faith-based belief that our leader can make these determinations without the need for any such bothersome impediments.

To me, this comment, left in response to a Gawker post from Sunday on the new NYT article, perfectly conveys the sentiment I heard for years in right-wing circles to justify everything Bush did in secret, and is now just as miserably common in progressive circles to justify Obama’s wielding of the same and even greater powers:

“The fact of the matter is that the complexities of security and war go far beyond what those interested in appearing morally superior are willing to concede. It just so happens that a lot of liberals are most interested in the appearance of moral superiority. . . .

“I used to be the exact same way, but then I actually genuinely considered how I would feel if I held the weight of the presidency and these decisions. I have no doubt that most liberals, when presented with that, would act just as Obama has. . . .

“I’m liberal, I’m no fan of war, I’m no fan of Republican fanaticism and thumping America-is-the-best nonsense across the globe. But I can understand why drone strikes might be the most expedient option in a war. Or, perhaps more precisely, can understand just how incapable I am of understanding. And instead of supposing myself worthy of understanding the complexity and therefore offering criticism, I trust those more intelligent than myself. But a lot of my fellow liberals don’t believe there are people more intelligent than themselves. I have no self-loathing of liberals. Its just like a moderate Republican finding the right wing of their party crazy even if they believe in most of the same stuff.”

That’s the Platonic form of authoritarian leader-faith:

I don’t need to know anything; my leader doesn’t need to prove the truth of his accusations; he should punish whomever he wants in total secrecy and without safeguards, and I will assume that he is right to do so (as long as I and others like me are not the ones targeted) because he is superior to me and I place my faith in Him.

Anyone who thinks the leader (when he’s of my party) should have to show proof before killing someone, or allow them due process, is being a childish purist. I used to be like that – until Obama got in office, and now I see how vital it is to trust him and not bother him with all this “due process” fanaticism. That’s what being an adult citizen means: trusting one’s leader the way children trust their parent.

This is the only sentiment that can explain the comfort with allowing Obama (and, before him, Bush) to exercise these extreme powers without checks or transparency. This is exactly the sentiment any Obama critic confronts constantly, even if expressed a bit more subtly and with a bit more dignity.

Ultimately, what is most extraordinary about all of this – most confounding to me – is how violently contrary this mentality is to the ethos with which all Americans are instilled: namely, that the first and most inviolable rule of government is that leaders must not be trusted to exercise powers without constant restraints – without what we’re all taught in elementary school are called “checks and balances”. Here is how Thomas Jefferson expressed this warning in the Kentucky Resolutions of 1798:

“In questions of power…let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution.”

And here is what John Adams said in his 1772 Journal:

“There is danger from all men. The only maxim of a free government ought to be to trust no man living with power to endanger the public liberty”.

It is literally impossible to conceive of any mindset more at odds with these basic principles than the one that urges that Barack Obama – unlike George Bush or Mitt Romney or whoever the scary GOP villain of the day is – can be trusted to unilaterally and secretly kill or imprison or surveil anyone he wants because he is a Good man and a trustworthy leader and therefore his unproven accusations should be assumed true. But this is, overwhelmingly, the warped and authoritarian sentiment that now prevails in the bulk of the Democratic Party and its self-identified “progressive” faction, just as it did in the GOP and its conservative wing for eight years.

Ultimately, this unhealthy and dangerous trust in one’s own leader – beyond just the normal human desire to follow – is the by-product of over-identifying with the brand-marketed personality of politicians. Many East and West Coast progressives (which is overwhelmingly what Democratic Party opinion leaders are) have been trained to see themselves and the personality traits to which they aspire in Obama (the urbane, sophisticated, erudite Harvard-educated lawyer and devoted father and husband), just as religious conservatives and other types of Republicans were trained to see Bush in that way (the devout evangelical Christian, the brush-clearing, patriotic swaggering cowboy, and devoted father and husband).

Politicians are thus perceived like contestants in a reality TV show: viewers decide who they like personally and who they dislike – but the difference is that these images are bolstered with hundreds of millions of dollars of relentless, sophisticated, highly manipulative propaganda campaigns (there’s a reason the Obama 2008 campaign won multiple branding awards from the advertising and marketing industry). When one is taught to relate to a politician based on a fictitious personal relationship, one comes to place excessive trust in those with whom one identifies (the way one comes to trust, say, a close family member or loved one), and to harbor excessive contempt for those one is trained to see as the villain character. In sum, citizens are being trained to view politicians exactly the way Jefferson warned was so dangerous: “In questions of power…let no more be heard of confidence in man.”

There’s one final irony worth noting in all of this. Political leaders and political movements convinced of their own Goodness are usually those who need greater, not fewer, constraints in the exercise of power. That’s because – like religious True Believers – those who are convinced of their inherent moral superiority can find all manner to justify even the most corrupted acts on the ground that they are justified by the noble ends to which they are put, or are cleansed by the nobility of those perpetrating those acts.

Political factions driven by self-flattering convictions of their own moral superiority – along with their leaders – are the ones most likely to abuse power. Anyone who ever listened to Bush era conservatives knows that this conviction drove them at their core (“you are with us or with the Terrorists”), and it is just as true of Obama-era progressives who genuinely see the political landscape as an overarching battle between forces of Good (Democrats: i.e., themselves) and forces of Evil (Republicans).

Thus should it be completely unsurprising that Obama (and his most ardent followers) genuinely believe that rules are urgently necessary to constrain Republicans from killing whoever they want, but that such urgency ceases to exist when that power rests in the hands of the current benevolent leader. Such a dangerous and perverse mindset is incredibly pervasive in the citizenry, and goes a long way toward explaining why and how the US government has been able to seize the powers it has wielded over the last decade with so little resistance, and with no end in sight.

© 2012 Guardian News and Media Limited

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Glenn Greenwald

Glenn Greenwald is a columnist on civil liberties and US national security issues for the Guardian. A former constitutional lawyer, he was until 2012 a contributing writer at Salon.  His most recent book is, With Liberty and Justice for Some: How the Law Is Used to Destroy Equality and Protect the Powerful. His other books include: Great American Hypocrites: Toppling the Big Myths of Republican PoliticsA Tragic Legacy: How a Good vs. Evil Mentality Destroyed the Bush Presidency, and How Would a Patriot Act? Defending American Values from a President Run Amok. He is the recipient of the first annual I.F. Stone Award for Independent Journalism.

Fearing Loss to Romney, Obama Officials Pushed to Codify Rules for ‘Kill List’ November 25, 2012

Posted by rogerhollander in Barack Obama, Civil Liberties, Constitution, Criminal Justice, War.
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Roger’s note: it is typical hubris of Obama and the Democratic Party to think that only they have the moral stature to order assassinations totally devoid of any process, much less due process.  In the worry of the drone killing machine in the hands of a Romney presidency, it never occurred to them the precedent they have set, and that some day in the future the presidency will indeed be in the hands of a maniac like Romney or worse.  The thinking of Barack Obama, the constitutional scholar and Nobel Peace laureate: let’s construct a legal structure for an immoral and illegal (by any reasonable standards) project of presidential ordained murder.  It has been said over and over again — and we have right before us the ludicrous and disgusting Bush administration’s “legal” justification for torture – that the greatest crimes in history, from the poisoning of Socrates to the Nazi Holocaust, have been done within a “legal” structure.  There seems to be a collective amnesia with respect to the Nuremberg principles.

Published on Sunday, November 25, 2012 by Common Dreams

  – Common Dreams staff

A report in the New York Times on Sunday describes how, leading up to the recent US election, the Obama administration made a determined push to codify guidelines for its targeted assassination (aka ‘Kill List’) program and clarify rules for the use of US predator drones strikes overseas.

(Amarjit Sidhu/Al Arabiya) 

Critics of the US drone program have long made the argument that Demoractic supporters of the President would perhaps lose their enthusiasm (or passive acceptance) for the “kill list” program if it was placed in the hands of a Republican president like the party’s most recent hopeful, Mitt Romney.

The Times reporting on Sunday seems to indicate that the fear of handing over an amiguous and secretive assassination program to a Republican administration was also shared by some top officials in the Obama administration.

Reported by the paper’s Scott Shane, the article says that the “attempt to write a formal rule book for targeted killing began last summer after news reports on the drone program, started under President George W. Bush and expanded by Mr. Obama, revealed some details of the president’s role in the shifting procedures for compiling “kill lists” and approving strikes.”

Though the Obama administration has continually sought to protect the secrecy of certain details of its program, it has simultaneously defended its usefulness in combating international terrorism. This contradiction has been seized by international human rights groups, US civil libertarians, journalists, and the United Nations, calling on the US government to come clean on how it justifies the extrajudicial killing of individuals–both foreign citizens and American nationals–in countries like Pakistan, Yemen, Somalia, and others.

Shane reports that “the president and top aides believe [the programs] should be institutionalized,” and that efforts to do “seemed particularly urgent when it appeared that Mitt Romney might win the presidency.”

The report continues:

“There was concern that the levers might no longer be in our hands,” said one official, speaking on condition of anonymity. With a continuing debate about the proper limits of drone strikes, Mr. Obama did not want to leave an “amorphous” program to his successor, the official said. The effort, which would have been rushed to completion by January had Mr. Romney won, will now be finished at a more leisurely pace, the official said.

Mr. Obama himself, in little-noticed remarks, has acknowledged that the legal governance of drone strikes is still a work in progress.

“One of the things we’ve got to do is put a legal architecture in place, and we need Congressional help in order to do that, to make sure that not only am I reined in but any president’s reined in terms of some of the decisions that we’re making,” Mr. Obama told Jon Stewart in an appearance on “The Daily Show” on Oct. 18.

In an interview with Mark Bowden for a new book on the killing of Osama bin Laden, “The Finish,” Mr. Obama said that “creating a legal structure, processes, with oversight checks on how we use unmanned weapons, is going to be a challenge for me and my successors for some time to come.”

The president expressed wariness of the powerful temptation drones pose to policy makers. “There’s a remoteness to it that makes it tempting to think that somehow we can, without any mess on our hands, solve vexing security problems,” he said.

Despite public remarks by Mr. Obama and his aides on the legal basis for targeted killing, the program remains officially classified. In court, fighting lawsuits filed by the American Civil Liberties Union and The New York Times seeking secret legal opinions on targeted killings, the government has refused even to acknowledge the existence of the drone program in Pakistan.

In an interesting aside, the report also notes that the United Nations plans to open a unit in Geneva early next year to investigate American drone strikes.

Such a development was hinted at last month when the UN’s special rapporteur on counterterrorism and human rights announced that the Human Rights Council at the UN would likely initiate an investigation into civilian deaths caused by the CIA and US military’s use of drones and other targeted killing programs.

Ben Emmerson, UN special rapporteur on counterterrorism and human rights, at speech given at Harvard Law School,  that he and his UN colleague, Christof Heyns, the special rapporteur on extrajudicial killings, warned that an investigation of the US program was warranted and said that if certain allegations against the US proved true, he would consider them serious enough to call “war crimes”.

America’s Refusal to Extradite Bolivia’s Ex-President to Face Genocide Charges September 9, 2012

Posted by rogerhollander in Bolivia, Criminal Justice, Human Rights, Latin America.
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Roger’s note: “Washington turned down the extradition request on the grounds that a civilian leader cannot be tried for crimes committed by the military …”  The “civilian leaders” of the United States and Great Britain might be in big trouble if they could culd be tried for the crimes committed by the military they send to foreign lands to commit them.”
Published on Sunday, September 9, 2012 by The Guardian

Obama justice officials have all but granted asylum to Sánchez de Lozada – a puppet who payrolled key Democratic advisers

In October 2003, the intensely pro-US president of Bolivia, Gonzalo Sánchez de Lozada, sent his security forces to suppress growing popular protests against the government’s energy and globalization policies. Using high-powered rifles and machine guns, his military forces killed 67 men, women and children, and injured 400 more, almost all of whom were poor and from the nation’s indigenous Aymara communities. Dozens of protesters had been killed by government forces in the prior months when troops were sent to suppress them.

Thousands of Bolivian Indians rallying in La Paz to demand the resignation of President Gonzalo Sanchez de Lozada, 16 October 2003. The sign reads, ‘Goni, Zorro, murderers of the people’, in reference to the president and his defense minister. Photograph: Reuters/Carlos Barria

The resulting outrage over what became known as “the Gas Wars” drove Sanchez de Lozada from office and then into exile in the United States, where he was welcomed by his close allies in the Bush administration. He has lived under a shield of asylum in the US ever since.

The Bolivians, however, have never stopped attempting to bring their former leader to justice for what they insist are his genocide and crimes against humanity: namely, ordering the killing of indigenous peaceful protesters in cold blood (as Time Magazine put it: “according to witnesses, the military fired indiscriminately and without warning in El Alto neighborhoods”). In 2007, Bolivian prosecutors formally charged him with genocide for the October 2003 incident, charges which were approved by the nation’s supreme court.

Bolivia then demanded his extradition from the US for him to stand trial. That demand, ironically, was made pursuant to an extradition treaty signed by Sánchez de Lozada himself with the US. Civil lawsuits have also been filed against him in the US on behalf of the surviving victims.

The view that Sánchez de Lozada must be extradited from the US to stand trial is a political consensus in Bolivia, shared by the government and the main opposition party alike. But on Friday night, the Bolivian government revealed that it had just been notified by the Obama administration that the US government has refused Bolivia’s extradition request:

“‘Yesterday (Thursday), a document arrived from the United States, rejecting the extradition of people who have done a lot of damage to Bolivia,’ leftist [President Evo] Morales, an outspoken critic of US foreign policy in Latin America, said in a speech.

“Calling the United States a ‘paradise of impunity’ and a ‘refuge for criminals,’ Morales said Washington turned down the extradition request on the grounds that a civilian leader cannot be tried for crimes committed by the military …

“Sanchez de Lozada’s extradition was also demanded by opposition leaders in Bolivia and they criticized the US decision.

“Rogelio Mayta, a lawyer representing victims of the 2003 violence, said ‘the US protection’ of Sanchez de Lozada was not surprising.

“‘It’s yet another display of the US government’s double moral standard,’ he said.”

Because he has yet to be tried, I have no opinion on whether Sánchez de Lozada is guilty of the crimes with which he has been formally charged (Bolivian courts have convicted several other military officers on genocide charges in connection with these shootings). But the refusal of the Obama administration to allow him to stand trial for what are obviously very serious criminal allegations is completely consistent with American conceptions of justice and is worth examining for that reason.

Let’s begin with two vital facts about the former Bolivian leader.

First, Sánchez de Lozada was exactly the type of America-revering-and-obeying leader the US has always wanted for other nations, especially smaller ones with important energy resources. When he was driven into exile in October 2003, the New York Times described him as “Washington’s most stalwart ally in South America”.

The former leader – a multimillionaire mining executive who, having been educated in the US, spoke Spanish with a heavy American accent – was a loyal partner in America’s drug war in the region. More importantly, the former leader himself was a vehement proponent and relentless crusader for free trade and free market policies favored by the US: policies that the nation’s indigenous poor long believed (with substantial basis) resulted in their impoverishment while enriching Bolivia’s small Europeanized elite.

It was Sánchez de Lozada’s forced exile that ultimately led to the 2006 election and 2009 landslide re-election of Morales, a figure the New York Times in October 2003 described as one “regarded by Washington as its main enemy”. Morales has been as vehement an opponent of globalization and free trade as Sánchez de Lozada was a proponent, and has constantly opposed US interference in his region and elsewhere (in 2011, Morales called for the revocation of Obama’s Nobel Peace Prize as a result of the intervention in Libya).

So, this extradition refusal is, in one sense, a classic and common case of the US exploiting pretenses of law and justice to protect its own leaders and those of its key allies from the rule of law, even when faced with allegations of the most egregious wrongdoing. If the Obama DOJ so aggressively shielded accused Bush war criminals from all forms of accountability, it is hardly surprising that it does the same for loyal US puppets. That a government that defies US dictates is thwarted and angered in the process is just an added bonus. That, too, is par for the course.

But there’s another important aspect of this case that distinguishes it from the standard immunity Washington gifts to itself and its friends. When he ran for president in 2002, Sánchez de Lozada was deeply unpopular among the vast majority of Bolivians as a result of his prior four-year term as president in the 1990s. To find a way to win despite this, he hired the consulting firm owned and operated by three of Washington’s most well-connected Democratic party operatives: James Carville, Stan Greenberg and Bob Shrum. He asked them to import the tactics of American politics into Bolivia to ensure his election victory.

As detailed by a 2006 New York Times review of a film about the Democratic operatives’ involvement in Bolivia’s election, their strategy was two-fold: first, destroy the reputations of his two opponents so as to depress the enthusiasm of Bolivia’s poor for either of them; and then mobilize Sánchez de Lozada’s base of elites to ensure he wins by a tiny margin. That strategy worked, as he was elected with a paltry 22.5% of the popular vote. From the Times review:

“‘[The film] asks a more probing question: whether Mr Carville and company, in selling a pro-globalization, pro-American candidate, can export American-style campaigning and values to a country so fundamentally different from the United States …

“‘It’s a very explosive film in Bolivia because it shows close up a very deliberate strategy,’ said Jim Shultz, an American political analyst in Bolivia who recently saw the film with a group of friends. ‘The film is especially explosive because it’s about a candidate – so identified with the United States and so hated by so many Bolivians – being put into office by the political manipulations of US consultants.’

“Mauro Quispe, 33, a cabdriver in La Paz, said he saw slices of the film on the television news, and it raised his ire. ‘I was stunned,’ he said. ‘He was being advised by the Americans, and everything they said was in English.’”

There’s no evidence, at least of which I’m aware, that any of these Democratic operatives intervened on behalf of their former client in his extradition pleas to the Obama administration, but it rather obviously did not hurt. At the very least, shielding a former leader deposed by his own people from standing trial for allegedly gunning down unarmed civilians takes on an even uglier image when that former leader had recently had leading US Democratic operatives on his payroll.

Then, there are the very revealing parallels between this case and the recent decision by Ecuador to grant asylum to Julian Assange, until his fears of political persecution from being extradited to Sweden are resolved. Remember all those voices who were so deeply outraged at Ecuador’s decision? Given that he faces criminal charges in Sweden, they proclaimed, protecting Assange with asylum constitutes a violent assault on the rule of law.

Do you think any of the people who attacked Ecuador on that ground will raise a peep of protest at what the US did here in shielding this former leader from facing charges of genocide and crimes against humanity back in his own country? In contrast to Ecuador – which is fervently seeking an agreement to allow Assange to go to Sweden to face those allegations while simultaneously protecting his political rights – the US has done nothing, and is doing nothing, to ensure that Sánchez de Lozada will ever have to face trial. To the contrary, until Saturday, the US has steadfastly refused even to acknowledge Bolivia’s extradition request, even though the crimes for which they want to try him are plainly within the scope of the two nations’ extradition treaty.

Then there’s the amazing fact that Democrats, who understandably scorn Mitt Romney for piling up massive personal wealth while he advocates policies harmful to the poor, continue in general to revere these types of Clintonites who, arguably to a lesser extent, have done the same. Indeed, Democrats spent all last week wildly praising Bill Clinton, who has made close to $100m in speaking fees alone by traveling the globe, speaking to hedge funds, and advocating globalization and free trade.

In this case, one finds both the prevailing rules and the prevailing orthodoxies of American justice. High-level leaders in the US government and those who serve their interests are exempt from the rule of law (even when accused of heinous acts of terrorism); only leaders who run afoul of US dictates should be held accountable.

Even in the civil case against him, an appellate court ultimately ruled that he was immune from damages or civil lawsuits, overturning a lower court ruling that there were sufficient allegations of genocide and war crimes against him to allow the suit to proceed. As usual, US federal courts are the leaders in ensuring that the most politically well-connected are shielded from the consequences of their acts.

Relatedly, we find the prevailing sentiment that asylum is something that is only to be granted by the US and its western allies against unfriendly governments. The notion that one may need asylum from the US or the west – or that small Latin American countries unfavorable to the US can grant it rather than have it granted against them – is offensive and perverse to all good and decent western citizens, who know that political persecution is something that happens only far away from them.

The protection of this accused former leader will likely generate little controversy in the US because it was the by-product of the actions of both the Bush and Obama administrations, and because it comports so fully with how American justice functions. The only surprising thing would have been if there had been a different outcome.

© 2012 The Guardian

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Glenn Greenwald

Glenn Greenwald is a columnist on civil liberties and US national security issues for the Guardian. A former constitutional lawyer, he was until 2012 a contributing writer at Salon.  His most recent book is, With Liberty and Justice for Some: How the Law Is Used to Destroy Equality and Protect the Powerful. His other books include: Great American Hypocrites: Toppling the Big Myths of Republican PoliticsA Tragic Legacy: How a Good vs. Evil Mentality Destroyed the Bush Presidency, and How Would a Patriot Act? Defending American Values from a President Run Amok. He is the recipient of the first annual I.F. Stone Award for Independent Journalism.

Archbishop Desmond Tutu: Bush and Blair Should Be Sent to The Hague September 2, 2012

Posted by rogerhollander in Criminal Justice, George W. Bush, Iraq and Afghanistan.
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Why I had no choice but to spurn Tony Blair

I couldn’t sit with someone who justified the invasion of Iraq with a lie

Desmond Tutu

Desmond Tutu: pulled out of a seminar which Tony Blair was scheduled to attend. Photograph: Str/REUTERS

The immorality of the United States and Great Britain’s decision to invade Iraq in 2003, premised on the lie that Iraq possessed weapons of mass destruction, has destabilised and polarised the world to a greater extent than any other conflict in history.

Instead of recognising that the world we lived in, with increasingly sophisticated communications, transportations and weapons systems necessitated sophisticated leadership that would bring the global family together, the then-leaders of the US and UK fabricated the grounds to behave like playground bullies and drive us further apart. They have driven us to the edge of a precipice where we now stand – with the spectre of Syria and Iran before us.

If leaders may lie, then who should tell the truth? Days before George W Bush and Tony Blair ordered the invasion of Iraq, I called the White House and spoke to Condoleezza Rice, who was then national security adviser, to urge that United Nations weapons inspectors be given more time to confirm or deny the existence of weapons of mass destruction in Iraq. Should they be able to confirm finding such weapons, I argued, dismantling the threat would have the support of virtually the entire world. Ms Rice demurred, saying there was too much risk and the president would not postpone any longer.

On what grounds do we decide that Robert Mugabe should go the International Criminal Court, Tony Blair should join the international speakers’ circuit, bin Laden should be assassinated, but Iraq should be invaded, not because it possesses weapons of mass destruction, as Mr Bush’s chief supporter, Mr Blair, confessed last week, but in order to get rid of Saddam Hussein?

The cost of the decision to rid Iraq of its by-all-accounts despotic and murderous leader has been staggering, beginning in Iraq itself. Last year, an average of 6.5 people died there each day in suicide attacks and vehicle bombs, according to the Iraqi Body Count project. More than 110,000 Iraqis have died in the conflict since 2003 and millions have been displaced. By the end of last year, nearly 4,500 American soldiers had been killed and more than 32,000 wounded.

On these grounds alone, in a consistent world, those responsible for this suffering and loss of life should be treading the same path as some of their African and Asian peers who have been made to answer for their actions in the Hague.

But even greater costs have been exacted beyond the killing fields, in the hardened hearts and minds of members of the human family across the world.

Has the potential for terrorist attacks decreased? To what extent have we succeeded in bringing the so-called Muslim and Judeo-Christian worlds closer together, in sowing the seeds of understanding and hope?

Leadership and morality are indivisible. Good leaders are the custodians of morality. The question is not whether Saddam Hussein was good or bad or how many of his people he massacred. The point is that Mr Bush and Mr Blair should not have allowed themselves to stoop to his immoral level.

If it is acceptable for leaders to take drastic action on the basis of a lie, without an acknowledgement or an apology when they are found out, what should we teach our children?

My appeal to Mr Blair is not to talk about leadership, but to demonstrate it. You are a member of our family, God’s family. You are made for goodness, for honesty, for morality, for love; so are our brothers and sisters in Iraq, in the US, in Syria, in Israel and Iran.

I did not deem it appropriate to have this discussion at the Discovery Invest Leadership Summit in Johannesburg last week. As the date drew nearer, I felt an increasingly profound sense of discomfort about attending a summit on “leadership” with Mr Blair. I extend my humblest and sincerest apologies to Discovery, the summit organisers, the speakers and delegates for the lateness of my decision not to attend.

Archbishop Desmond Tutu: Bush and Blair Should Be Sent to The Hague September 2, 2012

Posted by rogerhollander in Criminal Justice, George W. Bush, Iraq and Afghanistan.
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Why I had no choice but to spurn Tony Blair

I couldn’t sit with someone who justified the invasion of Iraq with a lie

 

Desmond Tutu

Desmond Tutu: pulled out of a seminar which Tony Blair was scheduled to attend. Photograph: Str/REUTERS

The immorality of the United States and Great Britain’s decision to invade Iraq in 2003, premised on the lie that Iraq possessed weapons of mass destruction, has destabilised and polarised the world to a greater extent than any other conflict in history.

Instead of recognising that the world we lived in, with increasingly sophisticated communications, transportations and weapons systems necessitated sophisticated leadership that would bring the global family together, the then-leaders of the US and UK fabricated the grounds to behave like playground bullies and drive us further apart. They have driven us to the edge of a precipice where we now stand – with the spectre of Syria and Iran before us.

If leaders may lie, then who should tell the truth? Days before George W Bush and Tony Blair ordered the invasion of Iraq, I called the White House and spoke to Condoleezza Rice, who was then national security adviser, to urge that United Nations weapons inspectors be given more time to confirm or deny the existence of weapons of mass destruction in Iraq. Should they be able to confirm finding such weapons, I argued, dismantling the threat would have the support of virtually the entire world. Ms Rice demurred, saying there was too much risk and the president would not postpone any longer.

On what grounds do we decide that Robert Mugabe should go the International Criminal Court, Tony Blair should join the international speakers’ circuit, bin Laden should be assassinated, but Iraq should be invaded, not because it possesses weapons of mass destruction, as Mr Bush’s chief supporter, Mr Blair, confessed last week, but in order to get rid of Saddam Hussein?

The cost of the decision to rid Iraq of its by-all-accounts despotic and murderous leader has been staggering, beginning in Iraq itself. Last year, an average of 6.5 people died there each day in suicide attacks and vehicle bombs, according to the Iraqi Body Count project. More than 110,000 Iraqis have died in the conflict since 2003 and millions have been displaced. By the end of last year, nearly 4,500 American soldiers had been killed and more than 32,000 wounded.

On these grounds alone, in a consistent world, those responsible for this suffering and loss of life should be treading the same path as some of their African and Asian peers who have been made to answer for their actions in the Hague.

But even greater costs have been exacted beyond the killing fields, in the hardened hearts and minds of members of the human family across the world.

Has the potential for terrorist attacks decreased? To what extent have we succeeded in bringing the so-called Muslim and Judeo-Christian worlds closer together, in sowing the seeds of understanding and hope?

Leadership and morality are indivisible. Good leaders are the custodians of morality. The question is not whether Saddam Hussein was good or bad or how many of his people he massacred. The point is that Mr Bush and Mr Blair should not have allowed themselves to stoop to his immoral level.

If it is acceptable for leaders to take drastic action on the basis of a lie, without an acknowledgement or an apology when they are found out, what should we teach our children?

My appeal to Mr Blair is not to talk about leadership, but to demonstrate it. You are a member of our family, God’s family. You are made for goodness, for honesty, for morality, for love; so are our brothers and sisters in Iraq, in the US, in Syria, in Israel and Iran.

I did not deem it appropriate to have this discussion at the Discovery Invest Leadership Summit in Johannesburg last week. As the date drew nearer, I felt an increasingly profound sense of discomfort about attending a summit on “leadership” with Mr Blair. I extend my humblest and sincerest apologies to Discovery, the summit organisers, the speakers and delegates for the lateness of my decision not to attend.

The Obama Administration Torpedoes the Arms Trade Treaty August 2, 2012

Posted by rogerhollander in Barack Obama, War.
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Roger’s note: The Nobel Peace Prize winner strikes again!
 
Published on Thursday, August 2, 2012 by TruthDig.com

 

Quick: What is more heavily regulated, global trade of bananas or battleships? In late June, activists gathered in New York’s Times Square to make the absurd point, that, unbelievably, “there are more rules governing your ability to trade a banana from one country to the next than governing your ability to trade an AK-47 or a military helicopter.” So said Amnesty International USA’s Suzanne Nossel at the protest, just before the start of the United Nations Conference on the Arms Trade Treaty (ATT), which ran from July 2 to July 27. Thanks to a last-minute declaration by the United States that it “needed more time” to review the short, 11-page treaty text, the conference ended last week in failure.Fake tombstones are placed along the East River by members of the Control Arms Coalition to coincide with a diplomatic conference on the future Arms Trade Treaty in New York. (Reuters)

There isn’t much that could be considered controversial in the treaty. Signatory governments agree not to export weapons to countries that are under an arms embargo, or to export weapons that would facilitate “the commission of genocide, crimes against humanity, war crimes” or other violations of international humanitarian law. Exports of arms are banned if they will facilitate “gender-based violence or violence against children” or be used for “transnational organized crime.” Why does the United States need more time than the more than 90 other countries that had sufficient time to read and approve the text? The answer lies in the power of the gun lobby, the arms industry and the apparent inability of President Barack Obama to do the right thing, especially if it contradicts a cold, political calculation.

The Obama administration torpedoed the treaty exactly one week after the massacre in Aurora, Colo. In Colorado, Obama offered promises of “prayer and reflection.” As New York City Mayor Michael Bloomberg said, commenting on Obama and Mitt Romney both avoiding a discussion of gun control, “Soothing words are nice, but maybe it’s time the two people who want to be president of the United States stand up and tell us what they’re going to do about it.” Gun violence is a massive problem in the U.S., and it only seems to pierce the public consciousness when there is a massacre. Gun-rights advocates attack people who suggest more gun control is needed, accusing them of politicizing the massacre. Yet some elected officials are taking a stand. Gov. Pat Quinn of Illinois is seeking a ban on assault weapons, much like the ones in place in California, Connecticut, Massachusetts, New Jersey and New York.

The National Rifle Association’s executive vice president, Wayne LaPierre, issued the threat before the U.N. conference that “Without apology, the NRA wants no part of any treaty that infringes on the precious right of lawful Americans to keep and bear arms.” The NRA organized letters opposing the treaty, signed by 51 U.S. senators and 130 members of the House. After the conference ended in failure, the NRA took credit for killing it.

Of course, there is nothing in the treaty that would impact U.S. domestic gun laws. The rights protected by the cherished Second Amendment (“a well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed”) would remain intact. The NRA’s interest lies not only with individual gun owners, but also with the U.S. weapons manufacturers and exporters. The United States is the world’s largest weapons producer, exporter and importer. It is the regulation of this global flow of weaponry that most likely alarms the NRA, not the imagined prospect of the U.N. taking away the legally owned guns inside the U.S.

Protesters outside the U.N. during the ATT conference erected a mock graveyard, with each headstone reading, “2,000 people killed by arms every day.” That’s one person killed every minute. In many places around the world, massacres on the order of Aurora are all too common. Days after Aurora, at least nine people were killed in a U.S. drone strike in northwest Pakistan. Pakistani officials said the victims were suspected militants, but the Obama administration deems all adult-male drone targets as militants unless proven otherwise, posthumously.

After the conference wrapped without success, Suzanne Nossel said, “This was stunning cowardice by the Obama administration, which at the last minute did an about-face and scuttled progress toward a global arms treaty, just as it reached the finish line.” These words were doubly strong, as she criticized the very State Department where she worked previously, under Hillary Clinton.

© 2012 Amy Goodman

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Amy Goodman

Amy Goodman is the host of “Democracy Now!,” a daily international TV/radio news hour airing on 900 stations in North America. She was awarded the 2008 Right Livelihood Award, dubbed the “Alternative Nobel” prize, and received the award in the Swedish Parliament in December.

Time to End the ‘Conspiracy of Silence Over Drone Attacks’: UN Investigator June 22, 2012

Posted by rogerhollander in Constitution, Human Rights, War, War on Terror.
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Roger’s note: Leading up to today’s conference, ACLU National Security Project Director Hina Shamsi stated, “The United States has cobbled together its own legal framework for targeted killing. . . “  It should be noted that all the atrocities carried out by Hitler’s Nazi government were done under the color of law; the horrors of the holocaust were implemented under laws duly passed by the government and enforced by the judiciary.
 
Published on Thursday, June 21, 2012 by Common Dreams

 

UN should ‘shine the light of independent investigation’

- Common Dreams staff

At an international conference today in Geneva, Switzerland, international law and human rights experts told of the dire Human Rights implications of the US Targeted Killing Program.

 Photograph: Getty Images

The conference, put together by the American Civil Liberties Union, the Center for Constitutional Rights, and other rights groups, heard from members of the UN Special Rapporteur on Extrajudicial Executions, among others, who warned that the ever expanding use of drone strikes threaten 50 years of international law.

Christof Heyns, of the UN Special Rapporteur told that President Obama’s attacks in Pakistan, Yemen and elsewhere, are encouraging other states to also neglect Human Rights standards that have existed since World War II.

At the conference, Pakistan’s ambassador to the UN in Geneva, Zamir Akram, called for international legal action to halt the “totally counterproductive attacks” by the US in his country, the Guardian/UK reports.

Heyns went so far as to claim that such actions may constitute international war crimes.

Heyns countered the suggestion in Washington that drone strikes, on targets assumed to be linked to al-Qaida, are a legitimate response to the 9/11 attacks. “It’s difficult to see how any killings carried out in 2012 can be justified as in response to [events] in 2001. Some states seem to want to invent new laws to justify new practices,” he stated.

Heyns went on to to add that the time has come to end the “conspiracy of silence” over drone attacks and “shine the light of independent investigation” by the UN and other agencies.

Leading up to today’s conference, ACLU National Security Project Director Hina Shamsi stated, “The United States has cobbled together its own legal framework for targeted killing, with standards that are far less stringent than the law allows. Senior U.S. government officials have claimed self-defense and law of war authority to target and kill suspected terrorists in states with which and in which the United States is not at war, based on largely secret legal criteria, entirely secret evidence, and a secret process.”

Late last night, the Obama administration rejected requests by the ACLU and the New York Times for documents relating to the US military’s drone and targeted killing campaigns.

* * *

The Guardian/UK: Drone strikes threaten 50 years of international law, says UN rapporteur

The US policy of using aerial drones to carry out targeted killings presents a major challenge to the system of international law that has endured since the second world war, a United Nations investigator has said.

Christof Heyns, the UN special rapporteur on extrajudicial killings, summary or arbitrary executions, told a conference in Geneva that President Obama’s attacks in Pakistan, Yemen and elsewhere, carried out by the CIA, would encourage other states to flout long-established human rights standards.

In his strongest critique so far of drone strikes, Heyns suggested some may even constitute “war crimes”. His comments come amid rising international unease over the surge in killings by remotely piloted unmanned aerial vehicles (UAVs).

Addressing the conference, which was organised by the American Civil Liberties Union (ACLU), a second UN rapporteur, Ben Emmerson QC, who monitors counter-terrorism, announced he would be prioritising inquiries into drone strikes.

The London-based barrister said the issue was moving rapidly up the international agenda after China and Russia this week jointly issued a statement at the UN Human Rights Council, backed by other countries, condemning drone attacks.

If the US or any other states responsible for attacks outside recognised war zones did not establish independent investigations into each killing, Emmerson emphasised, then “the UN itself should consider establishing an investigatory body”. [...]

Heyns told the Guardian later that his future inquiries are likely to include the question of whether other countries, such as the UK, share intelligence with the US that could be used for selecting individuals as targets. A legal case has already been lodged in London over the UK’s alleged role in the deaths of British citizens and others as a consequence of US drone strikes in Pakistan.

* * *

ACLU: U.S. Targeted Killings Program: A Dangerous Precedent

ACLU National Security Project Director Hina Shamsi delivered a statement at the U.N. Human Rights Council today calling on the U.S. government to provide transparency and accountability in its targeted killing program. While noting that targeted killings may be lawful under some exceptional circumstances, Shamsi emphasized that:

“The United States has cobbled together its own legal framework for targeted killing, with standards that are far less stringent than the law allows. Senior U.S. government officials have claimed self-defense and law of war authority to target and kill suspected terrorists in states with which and in which the United States is not at war, based on largely secret legal criteria, entirely secret evidence, and a secret process.”

To date the U.S. government officially claims the program is secret and has failed to “disclose who has been killed, the number of collateral civilian deaths, and the outcome of any government investigation into mistakes or wrongful targeted killings.” In a statement before the Council earlier in the day, the Swiss representative also expressed concern over the targeted killing program and called upon the U.S. to respect international law in its use of drone strikes.

Honoring a ‘Terror War’ Architect May 13, 2012

Posted by rogerhollander in Criminal Justice, Education, Torture, War on Terror.
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Published on Sunday, May 13, 2012 by Consortiumnews.com

 

Since even readers of the New York Times are aware of deputy national security adviser John Brennan’s open identification with torture, secret prisons and other abuses of national and international law, Fordham University’s invitation to him to give the commencement address on May 19 brought, well, shock and awe to many Fordham students, faculty and alumni.

It now turns out we didn’t know the half of it. Piling outrage upon indignity, Fordham announced this week that Brennan will enjoy pride of place among the “eight notables” on whom it will confer honorary degrees at commencement. The others receiving a Doctorate in Humane Letters, honoris causa, include Timothy Cardinal Dolan (Archbishop of New York), and Brooklyn congressman Edolphus Towns.

White House counterterrorism adviser John Brennan Unlike his co-recipients, Brennan is widely known for his advocacy of kidnapping-for-torture (aka “extraordinary rendition”) and killing “militants” (including U.S. citizens) with “Hellfire” missiles fired by “Predator” and “Reaper” drone aircraft.

These practices and “Special Forces” operations guarantee an indefinite supply of anti-U.S. militants for what is now known as the “new normal” in the kind of wars that former Gen. and now CIA Director David Petraeus has said our grandchildren will still be fighting.

The endless supply of “insurgents” engendered by the violent tactics so beloved of Brennan makes Americans less secure. But there is no sign that Brennan recognizes that — or cares. Not that some of Brennan’s co-honorees are all that great, either.

Cardinal Dolan, president of the U.S. Conference of Catholic Bishops, is best known for his outspokenness on pelvic issues, his stalwart defense of the first nine months of life, and his deafening silence on the taking of life in war. Since by all evidence he is far more interested in birth control than death control, it is impossible to know where Dolan or his fellow bishops stand on the wars on Iraq and Afghanistan. He abjures any attempt to offer moral guidance on issues like war, preferring to defer — as the Fordham Jesuits do — to a good Jesuit-trained Catholic like Brennan to make decisions on such issues.

Edolphus Towns’s claim to distinction, in Fordham’s pre-commencement publicity, relates to his bringing “millions of dollars” to his district. Unmentioned is Towns’s membership in the Congressional Unmanned Systems (Drone) Caucus, which serves as a lobbying arm for drones — a new cash cow for the defense-industrial-congressional complex.

O Tempora, O Mores!

Since John Brennan has been accorded the dual honor of commencement speaker cum Doctorate of Humane Letters honoris causa, let’s try to piece together why Fordham’s Trustees decided to single him out for such glory. What, in other words, is the causa behind the honores? Why does George Orwell have a smirk on his face; and why are many past and present Jesuits holding their noses — Justice Jesuits like Rupert Mayer, Pedro Arupe, Dean Brackley and Dan Berrigan?

Could it be that Brennan is being honored for his role in serving up fraudulent intelligence to “justify” attacking Iraq in 2003? Or is it perhaps his open advocacy of kidnapping Muslim clerics off the streets of Milan (he calls it “extraordinary rendition”) and rendering them to “friendly” intelligence services more practiced at torture techniques than the CIA?

Is it the secret prisons he favored for “enhanced” interrogation techniques; or maybe his role in promoting illegal eavesdropping on Americans? Or could it be his stalwart defense of the intentional drone killing of American citizens without charge or judicial process? Or is it the aggregate set of abuses. And could intelligent Jesuits actually believe these approaches are okay because they are “keeping us safe?”

This would mean the teaching of moral theology at Fordham has changed markedly. Five decades ago, torture was very clearly put in the same category as slavery and rape — always “intrinsically evil” — no gray areas. I wonder where Fordham’s moral theologians now put remote-control drone killings of people on the hunch they are “militants.”

The causa of the honores could have a simpler explanation, one that risks damage to the mystique of Jesuit sophistication — no, not sophistry. Maybe the Fordham Jesuits and Trustees get their news from Fox. Perhaps their thought process was simply this: Brennan is a Fordham alumnus; he works in the White House; isn’t that enough?

Earlier Indignities

This is hardly the first time a Jesuit university has succumbed to the “prestige virus” and given a proven scoundrel high honors at a commencement. There are, sad to say, numerous examples, but one comes immediately to mind.

It is George W. Bush’s national security adviser, Condoleezza Rice, who, according to ABC News, chaired White House deliberations in 2002 and 2003 at which CIA torture techniques were “almost choreographed” by the most senior national security officials. The objective was to determine which particular technique, or combination, might be most effectively applied to which “high-value detainee.”

Rice gave the commencement address at Boston College on May 22, 2006, and was awarded the honorary degree of Doctor of Laws (yes, George Orwell, that is ironic.).

An onlooker would be permitted the reasonable inference that one causa of the honores must be the promoting of torture that Rice and Brennan held in common. Maybe an objective history of the Inquisition, and the Jesuit role in it, was not included in the books available at Jesuit seminaries.

Or, worse still, maybe it is the case that ingrained habits — like jesuitically justifying torture — can apply for renewal after several centuries. Habits die slowly. Has torture and killing of innocents now entered some sort of gray area in moral theology because a Jesuit-trained, White House functionary now says these things are necessary to “keep us safe?”

O Tempora, O Morons!

It remains to be seen whether what happened when the hapless Jesuits of Boston College invited Rice turns out to be a harbinger of what is in store at Fordham next Saturday. Ten days before the commencement at BC, Steve Almond, adjunct professor of English, resigned in protest. Here are excerpts from his letter to BC’s president, Rev. William P. Leahy, S.J.:

“I am writing to resign … as a direct result of your decision to invite Secretary of State Condoleezza Rice to be the commencement speaker at this year’s graduation.

“Many members of the faculty and student body already have voiced their objection to the invitation, arguing that Rice’s actions as secretary of state are inconsistent with the broader humanistic values of the university and the Catholic and Jesuit traditions from which those values derive.

“But I am not writing this letter simply because of an objection to the war against Iraq. My concern is more fundamental. Simply put, Rice is a liar. She has lied to the American people knowingly, repeatedly, often extravagantly over the past five years, in an effort to justify a pathologically misguided foreign policy. …

“This is the woman to whom you will be bestowing an honorary degree, along with the privilege of addressing the graduating class of 2006. … Honestly, Father Leahy, what lessons do you expect her to impart to impressionable seniors? … that it is acceptable to lie to the American people for political gain? …

“I cannot, in good conscience, exhort my students to pursue truth and knowledge, then collect a paycheck from an institution that displays such flagrant disregard for both. I would like to apologize to my students and prospective students. I would also urge them to investigate the words and actions of Rice, and to exercise their own First Amendment rights at her speech.”

Professor Almond was hardly alone. About a third of Boston College’s faculty members signed a letter objecting to Rice’s appearance. And here is how the New York Times reported the commencement event:

“Secretary of State Condoleezza Rice delivered the commencement address on Monday at Boston College to an audience that included dozens of students and professors who stood, turned their backs and held up signs to protest the war in Iraq.

“A small plane flew overhead twice, pulling a sign that said, in red letters, ‘Your War Brings Dishonor.’ Outside Alumni Stadium, where 3,234 students received diplomas, protesters marched up Beacon Street holding signs reading ‘No Blood For Oil’ and ‘We’re Patriotic Too.’”

“Inside, however, Ms. Rice received a standing ovation when she was introduced, and she drew applause throughout her address.”

Daniel Berrigan, S.J.’s Sad Prophecy

In his autobiography, To Dwell in Peace, Daniel Berrigan wrote of “the fall of a great enterprise” — the Jesuit university. He recorded his “hunch” that the university would end up “among those structures whose moral decline and political servitude signalize a larger falling away of the culture itself.”

Berrigan lamented “highly placed” churchmen and their approval of war, “uttered … with sublime confidence, from on high, from highly placed friendships, and White House connections.”

“Thus compromised,” warned Berrigan, “the Christian tradition of nonviolence, as well as the secular boast of disinterested pursuit of truth — these are reduced to bombast, hauled out for formal occasions, believed by no one, practiced by no one.”

The good news is that, despite an out-of-touch president, Rev. Joseph M. McShane, S.J., and his trustees, there remain people of strong conscience at Fordham — people immunized against the “prestige virus” infecting what some have come to call the Vichy Jesuits. There are students and alumni with a good sense of history; people aware not only of the Inquisition, but also of more recent history in Nazi Germany during the 1930s, when the Catholic and Lutheran churches could not find their voice.

Many Fordham people know they cannot in good conscience remain silent on such matters; they know that what is at stake is the very soul of our country. Justice-oriented students are now finalizing plans for specific actions at commencement. A new Facebook page briefly outlining the planning to date has already drawn intense interest — negative as well as positive. It appears that many students abhor the unpleasantness inevitably attached to witnessing to the abuses in which the main commencement speaker has had such a key role.

One post read: “I just wanted to say that as a recent Fordham graduate studying Islam and American foreign policy concerning Islam in graduate school, I am so proud of the people … who will stage this protest at commencement. I cannot overstate how much of an uphill battle it is to have kind, sensible and ethical voices like yours heard in this world, where monied and political interests stifle this kind of informed and humane dissent, in the public realm and in academia as well.”
 
Another read: “For the people complaining about their graduation being ‘ruined,’ it is as much your right to have a graduation free from protest as it is our right to have a graduation free of one of the most despicable propagators of violence in our era. I do not condone torture, I do not condone the indiscriminate use of drones, why should MY graduation be tainted with political ideology I do not support.”

In addition, many of the faculty are signing on to a letter to President McShane requesting a sit-down with Brennan before commencement. They want to ask him how he justifies his support for the kind of cruel, inhuman and degrading interrogation techniques (aka, torture) that are banned by domestic and international law.

Meanwhile, many supporters of justice-oriented students are also planning appropriate protest actions. One activity is “Stop the Drone Week at Fordham.”

It may not be an exaggeration to suggest that, as Saturday goes, so goes Fordham.

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Ray McGovern

Ray McGovern works with Tell the Word, the publishing arm of the ecumenical Church of the Saviour in Washington, DC. During his career as a CIA analyst, he prepared and briefed the President’s Daily Brief and chaired National Intelligence Estimates. He is a member of the Steering Group of Veteran Intelligence Professionals for Sanity (VIPS).

War Tribunal Finds Bush, Cheney Guilty of War Crimes May 13, 2012

Posted by rogerhollander in Criminal Justice, Dick Cheney, George W. Bush, Torture, War on Terror.
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Published on Sunday, May 13, 2012 by Common Dreams

 

Kuala Lumpur War Crimes Tribunal orders reparations be given to torture victims

- Common Dreams staff

Former US President George W Bush, his Vice-President Dick Cheney and six other members of his administration have been found guilty of war crimes by a tribunal in Malaysia.

Kuala Lumpur War Crimes Tribunal president judge Tan Sri Lamin Mohd Yunus (center) delivering the verdict yesterday. He is flanked by says reparations should be given to the complainant war crime victims. With him are Prof Salleh Buang (left) and Datuk Mohd Sa’ari Yusof. (Photo/Hasriyasyah Sabudin) Bush, Cheney, Defense Secretary Donald Rumsfeld and five of their legal advisers were tried in their absence and convicted on Saturday.

Victims of torture told a panel of five judges in Kuala Lumpur of their suffering at the hands of US soldiers and contractors in Iraq and Afghanistan.

Among the evidence, Briton Moazzam Begg, an ex-Guantanamo detainee, said he was beaten, put in a hood and left in solitary confinement. Iraqi woman Jameelah Abbas Hameedi said she was stripped and humiliated in the notorious Abu Ghraib prison.

Transcripts of the five-day trial will be sent to the chief prosecutor at the International Criminal Court, the United Nations and the Security Council.

A member of the prosecution team, Professor Francis Boyle of Illinois University’s College of Law, said he was hopeful that Bush and his colleagues could soon find themselves facing similar trials elsewhere in the world.

The eight accused are Bush; former US Vice President Richard Cheney; former US Defense secretary Donald Rumsfeld; former Counsel to Bush, Alberto Gonzales; former General Counsel to the Vice President, David Addington; former General Counsel to the Defense Secretary, William Haynes II; former Assistant Attorney General Jay Bybee and former Deputy Assistant Attorney General John Yoo.

Tribunal president judge Tan Sri Lamin Mohd Yunus said the eight accused were also individually and jointly liable for crimes of torture in accordance with Article 6 of the Nuremberg Charter. “The US is subject to customary international law and to the principles of the Nuremberg Charter and exceptional circumstances such as war, instability and public emergency cannot excuse torture.”

* * *

The Star (Kuala Lumpur, Malaysia) reports:

Bush Found Guilty of War Crimes

KUALA LUMPUR: The War Crimes Tribunal has convicted former US President George W. Bush and seven of his associates as war criminals for torture and inhumane treatment of war crime victims at US military facilities.

However, being a tribunal of conscience, the five-member panel chaired by tribunal president judge Lamin Mohd Yunus had no power to enforce or impose custodial sentence on the convicted eight.

“We find the witnesses, who were victims placed in detention illegally by the convicted persons and their government, are entitled to payment of reparations,” said Lamin at a public hearing held in an open court at the Kuala Lumpur Foundation to Crimi­na­lize War yesterday.

He added that the tribunal’s award of reparations would be submitted to the War Crimes Commission and recommended the victims to find a judiciary entity that could enforce the verdict.

The tribunal would also submit the finding and records of the proceedings to the Chief Prosecutor of the International Criminal Court, the United Nations’ Security Council.

On Thursday, head of the prosecution Prof Gurdial Singh Nijar said Bush had issued an executive order to commit war crimes in Iraq and Afghanistan.

Five former Iraqi detainees, who were tortured while being detained in various prisons, including Guantanamo Bay, were called to give their testimonies before the Tribunal during the trial which started on May 7.

* * *

The Malaysia Sun reports:

[...] In a unanimous vote on Saturday the symbolic Malaysian war crimes tribunal, part of an initiative by former Malaysian premier Mahathir Mohamad, found the former US President guilty of war crimes and crimes against humanity.

Former Malaysian Premier Mahatir Mohamad said of Bush and others: “These are basically murderers and they kill on large scale.”Seven of his former political associates, including former Vice President Dick Cheney and former Defense Secretary Donald Rumsfeld, were also found guilty of war crimes and torture.

Press TV has reported the court heard evidence from former detainees in Iraq and Guantanamo Bay of torture methods used by US soldiers in prisons run by the American forces.

One former inmate described how he had been subjected to electric shocks, beatings and sexual abuse over a number of months.

A high ranking former UN official, former UN Assistant Secretary General, Denis Halliday, who also attended the trial, later told Press TV that the UN had been too weak during the Bush administration to enforce the Geneva Conventions.

He said: “The UN is a weak body, corrupted by member states, who use the Security Council for their own interests. They don’t respect the charter. They don’t respect the international law. They don’t respect the Geneva Conventions… A redundant, possibly a dangerous, and certainly corrupted organization.”

Following the hearing, former Malaysian premier Mahatir said of Bush and others: “These are basically murderers and they kill on large scale.”

It was the second so-called war crimes tribunal in Malaysia.

The token court was first held in November 2011 during which Bush and former British Prime Minister Tony Blair were found guilty of committing “crimes against peace” during the Iraq war.

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