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.
After Latest Bombshells, Only Michel Temer’s Removal and New Elections Can Save Brazil’s Democracy May 19, 2017
Posted by rogerhollander in Brazil, Capitalism, Democracy, Latin America, Uncategorized.Tags: Brazil, brazil corruption, brazil democracy, dilma rousseff, eduardo cunha, glenn greenwald, michel temer, roger hollander
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Roger’s note: I consider that to refer to any country as a “democracy” is grossly misleading. In our world there are capitalist democracies and state-capitalist democracies; and these show greatly varying degrees of actual democratic characteristics, where democracy is defined as the actual implementation of the will of the population. No country is a pure democracy (that would require economic democracy), and no country comes even close. Some countries, including the Middle Easts theocracies, China, Russia, the United States (!!!) and, cf the article below, Brazil, are fast devolving into near dictatorships, where the level of democracy approaches zero.
The deposing of Dilma Rousseff in Brazil can be characterized as a “soft” coup. A Latin American country that was advancing towards more democracy, Honduras, was stopped in its tracks by a military coup in 2009. The elected president, Manuel Zelaya, was arrested and exiled (later to be permitted to return), and a military dictatorship followed, which in turn was followed by a sham election which put into place today’s “democracy,” one of the most violent and corrupt in the world.
So, notwithstanding the title of this article, “democracies” do not get “saved.” That would suggest that in our capitalist world there could exist a country that came close to expressing popular will. They go up and down, and until genuine revolutionary change from below, victories will always be enormously incomplete (and that, my friends, includes the future disposal of the current neo-Fascist idiot-president in the United States of America).
So what occurred in Brazil was less than a blow to democracy but rather a right-wing corporatist coup aimed at enriching Brazil’s one percent at the expense of the further impoverishment of its 99%.
WHEN MICHEL TEMER was permanently installed as president less than one year ago after the impeachment of elected President Dilma Rousseff, the primary justification offered by Brazilian media figures was that he would bring stability and unity to a country beset by political and economic crisis. From the start, the opposite has been true: Temer and his closest allies were a vessel for far more corruption, controversy, instability, and shame than anything that preceded them. His approval ratings have literally collapsed to single digits.
But yesterday’s emergence of proof showing just how dirty and corrupt Temer is makes the situation utterly unsustainable. Leaks from the ongoing corruption investigation reveal that Temer was caught on tape in March endorsing an executive’s ongoing payment of bribes to maintain the silence of Eduardo Cunha, the formerly omnipotent, now-imprisoned house speaker who presided over Dilma’s impeachment and belongs to Temer’s party. Temer had already faced allegations of deep involvement in bribes and illegal contributions, but that could be overlooked because — unlike now — no smoking gun existed.
Meanwhile, Dilma’s 2014 opponent in the presidential campaign — conservative Senator Aécio Neves (shown above with Temer at the latter’s inauguration), whose party led Dilma’s impeachment and now dominates Temer’s government — was caught on tape requesting 2 million reals from a businessman. He was removed this morning from his seat by a Supreme Court ruling, had his office raided, and now faces immediate imprisonment. Aécio’s sister was imprisoned this morning as part of the corruption investigation.
In sum, the two key figures driving Dilma’s impeachment were just revealed to be hardened criminals, with documentary evidence — audio recordings, videos, and online chats — which all Brazilians will soon see, hear, and read. The exact type of smoking gun evidence that Brazil’s notoriously biased corporate media searched for with futility for years against Dilma was just discovered against the two key figures that drove her impeachment, one of whom they installed as president.
To say that this situation — Temer’s ongoing presidency — is unsustainable is an understatement. How can a major country possibly be governed by someone who everyone knows just months ago encouraged the payment of bribes to keep key witnesses silenced in a corruption investigation? The sole rationale for Temer’s presidency — that he would bring stability and signal to markets that Brazil was again open for business — has just collapsed in a heap of humiliation and destruction.
At this point, Temer’s removal — one way or the other — seems inevitable. Although he is momentarily refusing to resign, his key allies are starting to abandon him. The media stars who installed him are now trashing him. There is open discussion everywhere about the mechanisms that will be used to remove and replace him.
Even for the sleazy power brokers of Brasília, getting caught on tape directly participating in blatant criminality is disqualifying: not to stay in the House or Senate, but to serve as the symbolic face of the country to the world and, more importantly, to capital markets. What’s new is not that Temer is corrupt: Everyone knew that, including those who installed him. What’s new is that the evidence is now too embarrassing — too sabotaging of their project — to allow him to stay.
THIS ALWAYS WAS the towering irony at the heart of Dilma’s impeachment. As those of us who argued against impeachment repeatedly pointed out, removing the democratically elected president in the name of battling criminality was such a farce precisely because her removal would elevate and empower the most corrupt factions, the darkest criminals and bandits, and enable them to rule the country without having won an election.
Indeed, the empowerment of the country’s most corrupt factions was a key goal of Dilma’s impeachment. As shown by yet another secret recording — one revealed last year that captured the plotting of Temer’s key ally, Romero Jucá — the real goal of impeachment (aside from austerity and privatization) was to enable those politicians most endangered by criminal proceedings to use their new, unearned political power to kill the ongoing investigation (“stop the bleeding”) and thus protect themselves from accountability and punishment. The empowerment of the nation’s most corrupt politicians was a key feature, not a bug, of Dilma’s impeachment.
The key question now — as it was then — is what comes next? Those of us who argued against impeachment repeatedly urged that if Dilma were really going to be impeached, only new elections — whereby the citizenry, rather than the band of criminals in the halls of power, chose their new president — could protect Brazilian democracy. The absolute worst option was to allow the corrupt line of succession in Brasília to elevate itself and then choose its own successors. That would ensure that political criminality became further entrenched. As David Miranda and I wrote in a Folha op-ed in April of last year:
Yet that’s exactly what took place. What Brazilian elites fear and hate most is democracy. The last thing they wanted was to allow Brazil’s population to once again choose its own leaders. So they foisted on them a corrupt, hated mediocrity — who could never have been elected on his own, who indeed is now banned from running for any office due to election law violations — and he was tasked with imposing an agenda the country hated.
Brazil’s elite media and political class are now openly plotting the same scam. Many are suggesting that Temer’s replacement should be chosen not by the Brazilian people but by its Congress: one-third of whom are the targets of formal criminal investigations, most of whose major parties are rife with corruption. As we saw with Temer’s installation, allowing corrupt institutions to choose a country’s leaders is the antithesis of democracy and anti-corruption crusades. It ensures that criminality and corruption reign. The only debate should be whether direct elections should include not only Temer’s successor but also a new Congress.
Brazil’s democracy, along with its political stability, has already been crippled by the traumatic removal of the person who was actually elected to lead the country. That her successor has been exposed as a criminal exacerbates the tragedy. But it is not an overstatement to say that allowing the same corrupt factions to choose one of their own to replace Temer — once again denying the right of the people to pick their president and instead imposing on them a leader who emerges from the sleaziest precincts of Brasília’s sewer — would be its death blow.
Glenn Greenwald is one of three co-founding editors of The Intercept. He is a journalist, constitutional lawyer, and author of four New York Times best-selling books on politics and law. His most recent book, No Place to Hide, is about the U.S. surveillance state and his experiences reporting on the Snowden documents around the world. Prior to co-founding The Intercept, Glenn’s column was featured at The Guardian and Salon. He was the debut winner, along with Amy Goodman, of the Park Center I.F. Stone Award for Independent Journalism in 2008, and also received the 2010 Online Journalism Award for his investigative work on the abusive detention conditions of Chelsea Manning. For his 2013 NSA reporting, he received the George Polk award for National Security Reporting; the Gannett Foundation award for investigative journalism and the Gannett Foundation watchdog journalism award; the Esso Premio for Excellence in Investigative Reporting in Brazil (he was the first non-Brazilian to win), and the Electronic Frontier Foundation’s Pioneer Award. Along with Laura Poitras, Foreign Policy magazine named him one of the top 100 Global Thinkers for 2013. The NSA reporting he led for The Guardian was awarded the 2014 Pulitzer Prize for public service.
Glenn Greenwald