Exclusive: The U.S. government likes international law when it serves Washington’s purposes, but not when it constrains U.S. desires to use military force. Then, the rules are bent, ignored or subjected to novel lawyering, as President Obama is doing with airstrikes into Syria, reports Robert Parry.
By Robert Parry
The Obama administration has devised an extraordinary legal justification for carrying out bombing attacks inside Syria – that the United States and its Persian Gulf allies have the right to defend Iraq against the Islamic State because the Syrian government is unable to stop the cross-border terror group.
“The Syrian regime has shown that it cannot and will not confront these safe havens effectively itself,” said the U.S. letter delivered by Ambassador Samantha Power to United Nations officials. “Accordingly, the United States has initiated necessary and proportionate military actions in Syria in order to eliminate the ongoing ISIL [Islamic State] threat to Iraq, including by protecting Iraqi citizens from further attacks and by enabling Iraqi forces to regain control of Iraq’s borders.”
Yet, beyond the danger to world order if such an expansive theory is embraced by the international community (does anyone remember how World War One got started?), there is the hypocrisy of the U.S. government and many of those same Gulf allies arming, training and funding Syrian rebels for the purpose of preventing the Syrian military from controlling its territory and then citing that lack of control as the rationale to ignore Syria’s sovereignty.
In other words, the United States, Saudi Arabia, Qatar, Jordan and other enemies of Syria covertly backed the rebels inside Syria and watched as many of them – including thousands of the U.S.-preferred “moderates” – took their newly acquired military skills to al-Qaeda affiliates and other terrorist organizations. Then, the U.S. and its allies have the audacity to point to the existence of those terror groups inside Syria as a rationale for flying bombing raids into Syria.
Another alarming part of the U.S. legal theory is that among this new “coalition of the willing” – the U.S., Saudi Arabia, the United Arab Emirates, Qatar, Bahrain and Jordan – only Jordan shares a border with Syria. So, this novel principle would mean that distant countries have the right to destabilize a country from afar and then claim the destabilization justifies mounting military attacks inside that country.
Such a theory – if accepted as a new standard of behavior – could wreak havoc on international order which is based on the principle of national sovereignty. The U.S. theory also stands in marked contrast to Washington’s pious embrace of strict readings of international law when denouncing Russia just this summer for trying to protect ethnic Russians in eastern Ukraine from brutal assaults by the U.S.-backed coup regime in Kiev.
In Ukraine, the Obama administration rejected any and all mitigating circumstances, such as the overthrow of an elected president and the coup regime’s use of artillery, airstrikes and even neo-Nazi militias to suppress eastern Ukraine’s ethnic Russian population. In the Ukraine case, the Obama administration insisted that national sovereignty was inviolable despite the fact that the Feb. 22 coup had violated Ukraine’s constitutional order and had produced a human rights disaster.
An entirely different set of rules were applied to Syria, where President Barack Obama decided that Syrian President Bashar al-Assad “must go” and where Obama authorized the CIA to provide arms, training and money for supposedly “moderate” rebels. Other U.S. “allies,” such as Saudi Arabia and Qatar, supported some of the more extreme anti-Assad groups.
Israel’s right-wing Likud government also was eager for “regime change” in Syria as were America’s influential neoconservatives who saw Assad’s overthrow as a continuation of their strategy of removing Middle East leaders regarded as hostile to Israel. Saddam Hussein’s Iraq was the first on the list with Syria and Iran to follow. In those cases, the application of international law was entirely optional.
Before President George W. Bush’s invasion of Iraq in 2003, the U.S. government came up with another convenient argument, claiming the war was an act of American self-defense because otherwise Hussein might give his “weapons of mass destruction” to al-Qaeda for use against U.S. targets. As it turned out, Hussein had no WMDs and was a bitter enemy of al-Qaeda, which didn’t exist in Iraq until after the U.S. invasion.
The overthrow and subsequent execution of Hussein turned Iraq into a cauldron of bloody chaos, pitting Shiites against Sunnis and creating a fertile environment for a group of brutal Sunni extremists who took the name “al-Qaeda in Iraq.”
Getting Assad
But Official Washington is slow to learn lessons. In 2011, the Obama administration’s “liberal interventionists” threw their weight behind a Sunni-led uprising to oust Assad, who runs a harsh but largely secular government with key support from Alawites, Shiites, Christians and other minorities who feared Sunni extremism.
As with Iraq, Syria’s sectarian violence drew in many Sunni extremists, including jihadists associated with al-Qaeda, particularly the Nusra Front but also “al-Qaeda in Iraq” which rebranded itself the Islamic State of Iraq and Syria or simply the Islamic State. Eventually, al-Qaeda leaders rejected the Islamic State because it had become a rival of the Nusra Front and because its brutality was too graphic even for al-Qaeda.
Despite the growing radicalism of Syrian rebels, Official Washington’s influential neocons and the “liberal interventionists” continued the drumbeat for ousting Assad, a position also shared by Israeli leaders who went so far as to indicate they would prefer Damascus to fall to al-Qaeda extremists rather than have Iranian ally Assad retain control. [See Consortiumnews.com’s “Israel Sides with Syrian Jihadists.”]
Whenever there was a chance to push Obama into ordering a U.S. military assault on Assad’s government, “the Assad-must-go crowd” pressed the argument. For instance, a still-mysterious Sarin gas attack outside Damascus on Aug. 21, 2013, was immediately blamed on Assad’s forces. The neocons and the ”liberal interventionists” demanded an air war to punish the Syrian government – and possibly open the way for a rebel victory.
This pressure on Obama mounted despite strong doubts within the U.S. intelligence community that Assad’s forces were responsible. Some evidence pointed to rebel extremists trying to create a provocation to bring the U.S. military into the war on their side.
Partly because of those doubts, President Obama backed away from a military strike at the last minute and accepted a compromise arranged by Russian President Vladimir Putin to get Assad to surrender his entire chemical weapons arsenal. Since then, additional evidence has emerged raising doubts about the government’s complicity and pointing more toward the rebels. [See Consortiumnews.com’s “The Collapsing Syria-Sarin Case.”]
Nevertheless, much of the mainstream U.S. news media, including the foreign-page editors of the New York Times who have increasingly fallen under the spell of neocon ideology, have taken to citing the Syrian government’s guilt for the Sarin gas attack as flat fact, rather than a point in serious dispute. It seems no journalism standards need apply when demonized figures, such as Assad or Putin, are facing accusations.
Israel’s Shift
Yet, with al-Qaeda-connected terrorists controlling part of the Israeli border along the Golan Heights, the Israeli government began to reverse its position on demanding Assad’s removal. As the Israeli investigative Web site, Debka Files, reported on Sept. 9, citing military and intelligence sources:
“The Israeli government has radically changed tack on Syria, reversing a policy and military strategy that were long geared to opposing Syrian President Bashar Assad … This reversal has come about in the light of the growing preponderance of radical Islamists in the Syrian rebel force fighting Assad’s army in the Quneitra area since June. Al Qaeda’s Syrian Nusra front … is estimated to account by now for 40-50 percent – or roughly, 4,000-5,000 Islamists – of the rebel force deployed just across Israel’s Golan border. …
“Nusra Front jihadis fighting alongside insurgents on the various Syrian battlefronts made a practice of surreptitiously infiltrating their non-Islamist brothers-at-arms, a process which the latter’s foreign allies, the US, Israel, Saudi Arabia, Qatar and Jordan, either ignored or were unaware of. These tactics began to pay off in the past month, when large numbers of moderate rebels suddenly knocked on the Nusra Front’s door and asked to join.”
I have confirmed this Israeli shift with my own sourcing. But it’s unclear whether Israel’s change of heart will cause any second thoughts among U.S. neocons who typically conform their policy recommendations to Israeli interests. However, on the Syrian case, the neocons and their “liberal interventionist” friends might be too dug in on ousting Assad to adjust.
Indeed, all of Official Washington seems incapable of admitting that its wishful thinking about Syrian “moderates” may have caused another major strategic error in the Mideast. The unrealistic “group think” about “moderates” contributed to a power vacuum in Syria that has pulled in some of the most vicious Islamic extremists on earth and turned parts of Syria into a new base of operation for international terrorism.
For his part, President Obama recognized the folly of training Syrian “moderates” – just last month he dismissed the notion as a “fantasy” that was “never in the cards” as a workable strategy – but he nevertheless resurrected it last week as a key part of his new Syrian initiative. He won solid congressional majorities in support of spending some $500 million on the training scheme.
The most charitable view of Obama’s strange flip-flop is that he feared being accused of aiding Assad if the U.S. bombing campaign against the Islamic State indirectly strengthened Assad’s hold on Damascus. So, Obama tacked on what he knew to be a useless appendage, a tough-sounding plan to “ramp up” the “moderate” rebel forces.
Similarly, Obama’s harsh rhetoric about refusing to coordinate the airstrikes with the Syrian government may be more a concession to the sensibilities of the neocons and the “liberal interventionists” than a reality.
I was told last week that U.S. intelligence had used Russian government go-betweens to clear the airstrikes with the Syrian government which gave quiet permission for the bombing campaign in parts of Syria. I was further told on Monday that U.S. military officials and their Syrian counterparts have met face-to-face to ensure that the U.S.-led airstrikes would encounter no Syrian air defenses.
That tacit approval from the Syrian government could be a sound legal basis for the airstrikes, much as other governments, such as Yemen and Pakistan, have tolerated or even encouraged U.S. air attacks on domestic enemies associated with al-Qaeda and other militant groups.
Yet, Obama may find it politically impossible to state the truth – that a “realist” approach to foreign affairs sometimes requires working with disreputable governments. So, instead of simply saying that Syria has no objection to these bombing raids, Obama has invented a dangerous new legal theory to justify the violation of a country’s sovereignty.
Investigative reporter Robert Parry broke many of the Iran-Contra stories for The Associated Press and Newsweek in the 1980s. You can buy his new book, America’s Stolen Narrative, either in print here or as an e-book (from Amazon and barnesandnoble.com). For a limited time, you also can order Robert Parry’s trilogy on the Bush Family and its connections to various right-wing operatives for only $34. The trilogy includes America’s Stolen Narrative. For details on this offer, click here.
AS TENSIONS RISE, STEVE BANNON AND ISIS GET CLOSER TO THEIR COMMON GOAL: CIVILIZATIONAL WAR February 16, 2017
Posted by rogerhollander in Foreign Policy, ISIS/ISIL, Nazi / Fascist, Republicans, Right Wing, Trump, Uncategorized, War, War on Terror.Tags: Abu Bakr al-Baghdadi, al-Qaeda, apocalyptic theories, church militant, fourth turning, isis, murtaza hussain, muslim ban, Nawar al-Awlaki, Stefan Zweig, steve bannon, trump administratrion
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Roger’s note: when Sarah Palin was selected by McCain as as his vice presidential nominee, we shuddered that someone with an apocalyptic vision had come so close to real armed-to-the-teeth political power. With the election of Trump and the ascension of Bannon and others, we have now reached that point in history where those in control of the US nuclear arsenal could very well see a nuclear conflagration in a positive light. The Trump presidency is no joke, SNL notwithstanding.
February 11 2017, 9:05 a.m.
THE TRUMP ADMINISTRATION has taken sweeping, drastic measures that it says are necessary to protect Americans from the threat of terrorism, including its executive order halting immigration from seven Muslim-majority countries. But the radical policies and beliefs of this administration could just as easily end up fueling the narratives of extremist groups fighting the United States. When Trump ran a campaign built on promises to destroy ISIS, how can one explain the fact that supporters of the group in Mosul were reportedly celebrating his Muslim ban?
The order was based on plainly dubious claims about national security, targeting for scrutiny some of the most heavily vetted visitors to the United States. But the tangible purpose it did serve, before being at least temporarily frozen by the courts, was to divide Americans from millions of people in the Muslim world by sending the latter a message of gratuitous insult and contempt — and emboldening the very extremist movements the order was ostensibly directed against.
That kind of polarization may be exactly what some members of the White House want. High-ranking members of the current administration — most notably its chief strategist, Steve Bannon — have publicly espoused apocalyptic theories of history that center on a forthcoming clash between Western countries and the Muslim world, a conflict that many of them seem to perceive as both inevitable and desirable.
There are striking parallels between Bannon’s worldview and the perspective of terrorist groups like the Islamic State, which see the world divided in similarly binary terms — hence their reported enthusiasm for the executive order that Bannon helped author.
A proponent of pseudoscientific theories of history like the “Fourth Turning,” Bannon has predicted the coming of another major U.S. war in the Middle East and a military conflict with what he calls an “expansionist China.” In interviews during the election campaign, Bannon openly described Trump as a “blunt instrument” for his ideological goals.
A 2014 speech that Bannon delivered to an audience at the Vatican provides a hint of what kind of program he might want to use Trump to achieve. In that address, delivered via teleconference, Bannon called for a revival of the tradition of the “church militant,” describing a vague yet apocalyptic threat he claims that Western countries face from both “Islamic jihadist fascism” and their own loss of religious faith.
Now consider how Bannon’s hysterical view of history was echoed that same year in a speech by Islamic State leader Abu Bakr al-Baghdadi, who issued a similarly vague, yet no less frenzied call to arms:
Nowhere are these types of ideas particularly popular. While the Islamic State is held up by anti-Muslim activists in the United States as the quintessential expression of Muslim beliefs, in reality the group is deeply loathed in Muslim-majority countries. In the United States, though Trump won the election, his voter base comprised a distinct minority of the electorate. Even among those who did vote for him, few appear to have done so in enthusiasm for the apocalyptic theories of history held by advisers like Bannon. Huge numbers of people have also taken to the streets in opposition to Trump’s executive orders, which has helped to counteract the administration’s anti-Muslim message to the world, showing that it does not represent the views of all Americans.
But it doesn’t take much for a highly motivated minority to spark a broader conflict.
President Donald Trump pauses as he signs executive orders in the Oval Office of the White House, on Feb. 3, 2017, in Washington. aPhoto: Aude Guerrucci/Press Pool/Getty Images
ISIS attacks have been deliberately calibrated to shock and offend the sensibilities of Western publics, a strategy that the group openly refers to as “eliminating the grayzone” of coexistence between societies. Many 19th- and 20th-century revolutionary movements were also led by small, militant vanguards that used violence and provocation to help advance their political programs. In their time, these movements achieved real tactical successes. And even today, despite widespread public war-weariness in the United States, ISIS has accomplished its goal of dragging American troops back into armed conflicts in Iraq and Syria that show little sign of abating.
After a series of improbable successes, the radical right-wing vanguard of U.S. politics has now taken control of the government, along with the most powerful military on the planet. In its enthusiasm for civilizational war, it is just the enemy that a group like the Islamic State needs to help validate its desperate and fanatical narrative.
An early example of the kind of harm that the Trump administration can do came in the form of the first special operations forces raid authorized by Trump after his inauguration. In that operation — reportedly promoted to him over dinner with his advisers — a total of 25 civilians were reportedly killed, including nine children under the age of 13. Among those killed was an 8-year-old U.S. citizen, Nawar al-Awlaki, the daughter of deceased al Qaeda proselytizer Anwar al-Awlaki. Images of Awlaki’s daughter and other victims of the raid were broadcast around the world, fueling widespread outrage.
Days later, the Yemeni branch of al Qaeda publicly denounced Trump for carrying out a “massacre” of civilians. The group promised vengeance, saying that global outrage over the deaths meant that “the flame of jihad has ignited and reached all over the world.”
While that may be an overstatement, it is not hard to see how a cycle of tit-for-tat violence, already tacitly established since the start of the war on terror, could accelerate dramatically under an administration that actively seeks to escalate conflict. Where President Obama sought to calm public fears in the aftermath of ISIS attacks, Trump and his administration will undoubtedly seek to inflame them for political gain. It’s only a matter of time before such an attack occurs, and Trump’s reaction could have consequences that quickly spiral out of control.
In his memoirs, published after his suicide in 1942, the exiled Austrian Jewish writer Stefan Zweig described his feelings of despair upon realizing that a “tiny but loud-mouthed party of German Nationalists” had succeeded in seizing power and dragging humanity into a global conflict it had neither wanted or expected. “The personal cause to which I had lent the force of my convictions, the peaceful union of Europe, had been wrecked,” Zweig lamented. “What I feared more than my own death, war waged by everyone against everyone else, had been unleashed for the second time.”
Seven decades after Zweig penned these words, small, well-organized groups of right-wing radicals are once again ascendant across the world. The best hope to stop them may be the popular opposition movements that have begun to stir in the United States. But most importantly, it will take a rejection of the logic of revenge and collective blame on both sides to prevent the apocalyptic visions of extremists from becoming reality.