The Trial Of Bradley Manning as Seen by A Career Soldier July 28, 2013
Posted by rogerhollander in War, Whistle-blowing, Wikileaks.Tags: bradley manning, geneva conventions, illegal war, International law, Iraq war, laws of war, manning trial, my lai, nuremberg principles, roger hollander, soldering, soldier, timothy gotto, whistleblower, wikileaks
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Roger’s note: this is the key paragraph from this article:
Now, in this day and age, we have a military that has seen continuous combat operations for over a decade. Most of the invasions and operations are, in reality, contrary to the Geneva Conventions themselves. This places the American soldier in a predicament from the start. The question being that if one enlists and takes the oath of enlistment to obey the orders of the officers above him and to protect and defend the Constitution against all enemies foreign and domestic , when your nation is breaking both U.S. and international law in the first place, how do you obey the orders of those officers that give them?
What many observers, including so-called liberals and progressives, fail to recognize in their commentary, is that the United States government, from the president on down, is committing war crimes en masse via its various military operations. This is not a question of bad policy, it is a question of moral and legal criminality.
OpEdNews Op Eds 7/27/2013 at 08:39:47
By Timothy Gatto (about the author)
After the details of My Lai, a Vietnamese village that was destroyed and men, women and children killed by U.S. Soldiers came out, and the military had selected their fall guy for the massacre, Lt. Calley, we in the Army were subjected to constant classes on when to follow or when not to follow orders. We were told that there are legal orders and illegal orders, and that following illegal orders, would be well…illegal. If an enlisted man followed what he knew to be an illegal order, not only would the person that gave the illegal order be held responsible, the person that carried out the illegal order could also be charged.
It all sounds good, but it reality it is as the Brits say, “A bit of a sticky wicket”. This is because in the military, they also teach you to follow orders immediately, if there is a question about what orders to follow, bring it up later. In combat, when your life is on the line, and also the lives of your comrades on the battlefield with you, the best thing is to follow the orders even if it means putting your own life on the line. This is because the “fog of war” in the midst of battle is usually better seen (but not always) by the command that has a better picture of what is taking place.
We were given class after class as to what is an “illegal order”. Discussions were held, and looking back on it, the classes were really a reaction to the media’s portrayal of the military during and directly after the My Lai trial, for public consumption, and to raise the morale of the troops when many in the military were ashamed of atrocities committed in Vietnam. This was a way to let the public and the troops know that the military was addressing some of the unspeakable horrors of war and they were trying to do something about it. In reality, this was a public relations operation.
The idea was that if a soldier saw something going on that was not legal according to the Geneva Convention on the Laws of War, that soldier should go to a higher authority and report it. If he didn’t have the time, he should refuse to participate and if it was within his power, he should try to stop it. This all sounds reasonable, but in the military, sometimes it is not as cut and dry as one would think.
Now, in this day and age, we have a military that has seen continuous combat operations for over a decade. Most of the invasions and operations are, in reality, contrary to the Geneva Conventions themselves. This places the American soldier in a predicament from the start. The question being that if one enlists and takes the oath of enlistment to obey the orders of the officers above him and to protect and defend the Constitution against all enemies foreign and domestic , when your nation is breaking both U.S. and international law in the first place, how do you obey the orders of those officers that give them?
Now we had situation where a Private First Class was allowed to access sensitive information that showed beyond a reasonable doubt that the American military was committing atrocities and crimes that were against not only his moral code, but were against military law and the Geneva Conventions. This was during a period when the U.S. Military was committing crime after crime by using depleted uranium (a weapon of mass destruction), and destroying entire cities as in Fallujah with air strikes, artillery and armor, killing men women and children indiscriminately and for all intents and purposes, destroying the city.
Meanwhile, no soldiers were reporting crimes to their superiors (that we know about). It was business as usual in this new type of hostilities against other nations in undeclared wars that the U.S. euphemistically calls “The War on Terror”. Soldiers were seemingly following illegal orders on a daily basis and “doing their duty”.
This Private First Class was in a terrible quandary. It must have seemed to him that with his access to all of this sensitive information that allowed him to see a larger picture of what was really going on, that his nation was indeed committing grievous war crimes. When he brought this matter to his superiors, he was ignored. This, in reality, is what many soldiers experience when confronted with war in all of its horrific forms.
The difference here is that this lowly Private decided that he was going to expose these crimes. Like I said, in this day and age, long after the My Lai massacre. this type of behavior is unheard of. According to the American Government, the enemy we face is more horrific and dangerous than any we have ever faced. After all, didn’t Muslims fell the Twin Towers and kill innocent Americans and aren’t they plotting continuously to commit acts of terror against the United States? As far as the military was concerned, the gloves were off and according to the President at the time; “Either you are with us or against us”.
It must have taken a supreme act if courage for Bradley Manning to finally release his information to the only people that seemed to care what was happening in Iraq, Wikileaks. Now he finds himself in front of a Court Martial after being tortured for months by the military by being forced to remain in solitary confinement for months, while remaining naked, in a cold dark cell, being treated like an animal in direct violation to all military law and the Geneva Conventions in regard to treatment of prisoners.
Most of his defense has been deemed by the people in charge of his Court Martial to be inadmissible, and this leaves him defenseless against the power of the United States military that had once proclaimed that if a soldier saw wrongdoing and violations of the Geneva Convention on the Laws of War, that soldier should go to a higher authority and report it, and if it was within his power, he should try to stop it. The Private did report it, but the report of these violations fell on deaf ears.
Now he will pay the price of doing the right thing. Doing the right thing, not only to assuage his own sense of right and wrong, but doing the right thing according to what the United States Army once told their soldiers.
This is a new age however. An age of masking wars as defensive actions, even though they are in reality invasions of other nations against all International Law, the Geneva Conventions are no longer relevant. We have seen an observer call on Apache attack helicopters to fire on journalists walking with their cameras on a city street, and once they were wounded and lying on the street and when people ran to help them, the Apaches were ordered to fire on the rescuers. Manning let the world see this. Still, no charges were filed against the individuals responsible for these actions.
It is Bradley Manning that will suffer for these actions. The American military is using this to issue a warning to their soldiers that conscience and adherence to the laws of war will no longer be tolerated. This is what the trail of Private First Class Bradley Manning means.
http://liberalpro.blogspot.com
Former Chairman of the Liberal Party of America, Tim is a retired Army Sergeant. He currently lives in South Carolina. A regular contributor to OpEdNews, he is the author of Kimchee Days or Stoned Cold Warriors. Tim’s political book, “From (more…)
THE TORTURE MEMOS April 16, 2009
Posted by rogerhollander in Torture.Tags: Abu Ghraib, Alberto Gonzales, bagram, cheney, enhanced interrogation, geneva conventins, George Bush, Guantanamo, habaes corpus, human rights, International law, jay bybee, john yoo, nuremberg principles, Obama, roger hollander, rule of law, rumsfeld, stephen bradbury, torture, torture memos, waterboarding, william haynes
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Abu Ghraib painting: Matthew Langley
The complete Memos
http://documents.nytimes.com/justice-department-memos-on-interrogation-techniques#p=1
READ ‘EM AND WEEP.
Obama, the ICRC Report and Ongoing Suppression April 7, 2009
Posted by rogerhollander in Criminal Justice, Torture.Tags: addington, bush crimes, cheney, doj, FISA, geneva conventions, glenn greenwald, international red cross, judicial oversight, justice department, leon panetta, mark danner, nuremberg principles, obama obstruction, roger hollander, rule of law, senate democrats, torture, War Crimes, yoo
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Published on Tuesday, April 7, 2009 by Salon.com
Following up on the latest extremist Cheney/Addington/Yoo arguments advanced by the Obama DOJ in order to shield Bush lawbreaking from disclosure and judicial review — an episode I wrote about in detail yesterday, here — it’s worthwhile to underscore the implications of Barack Obama’s conduct. When Obama sought to placate his angry supporters after he voted for the Bush/Cheney FISA-telecom immunity bill last June (after vowing the prior December to support a filibuster of any such legislation), this is what he said (h/t notavailable):
[The FISA bill] also firmly re-establishes basic judicial oversight over all domestic surveillance in the future. It does, however, grant retroactive immunity, and I will work in the Senate to remove this provision so that we can seek full accountability for past offenses.
So candidate Obama unambiguously vowed to his supporters that he would work to ensure “full accountability” for “past offenses” in surveillance lawbreaking. President Obama, however, has now become the prime impediment to precisely that accountability, repeatedly engaging in extraordinary legal maneuvers to ensure that “past offenses” — both in the surveillance and torture/rendition realm — remain secret and forever immunized from judicial review. Put another way, Obama has repeatedly done the exact opposite of what he vowed he would do: rather than “seek full accountability for past offenses,” he has been working feverishly to block such accountability, by embracing the same radical Bush/Cheney views and rhetoric regarding presidential secrecy powers that caused so much controversy and anger for the last several years.
And note the pure deceit on the part of Senate Democrats who justified telecom immunity by continuously assuring the public that the Bush officials who ordered the illegal surveillance (as opposed to the telecoms who broke the law by enabling it) would still be subject to legal accountability. It was obvious at the time (as was often pointed out) that they were outright lying when they said this — because all sorts of legal instruments had been invoked (such as “state secrets” and “standing” arguments) to protect those government officials from that accountability (legal instruments Democrats knowingly left in place), and now it is Barack Obama who is leading the way in ensuring that the assurances given by Senate Democrats — don’t worry that we immunized the phone companies because Bush officials, who were the truly guilty parties in the illegal spying, will still be subject to legal accountability — never materialize.
On a very related note: last night, The New York Review of Books published the full report of the International Committee of the Red Cross (.pdf), which documented in detail the brutal torture to which the 14 “high-value” detainees whom we disappeared into our CIA “black sites” were subjected and demanded “that the US authorities investigate all allegations of ill-treatment and take steps to punish the perpetrators, where appropriate.” As Scott Horton notes, the ICRC does not call for investigations and prosecutions easily, but rather, “only where the evidence of criminal conduct is manifest.” Yet Obama’s handpicked CIA Director, Leon Panetta, continues to demand that there be no investigations of any kind, let alone prosecutions. As a CIA spokesperson told the New York Times yesterday in response to the ICRC report:
Mr. Panetta “has stated repeatedly that no one who took actions based on legal guidance from the Department of Justice at the time should be investigated, let alone punished.” The C.I.A.’s interrogation methods were declared legal by the Justice Department under President George W. Bush.
Accompanying the ICRC report was an article by Mark Danner, the superb journalist who obtained the ICRC Report and disclosed it. In his article, Danner describes the grave dangers from preserving ongoing secrecy surrouding Bush/Cheney crimes (h/t bystander; emphasis added):
Barack Obama may well assert that “the facts don’t bear [Cheney] out,” but as long as the “details of it” cannot be revealed “without violating classification,” as long as secrecy can be wielded as the dark and potent weapon it remains, Cheney’s politics of torture will remain a powerful if half-submerged counter-story, waiting for the next attack to spark it into vibrant life.
As Danner explains, it is simply impossible for Obama to “turn the page” on (let alone reverse) the dark Bush/Cheney era of war crimes while he simultaneously turns himself into the prime agent suppressing the facts surrounding those crimes and vigorously shielding the criminals from all investigation and accountability.
Israel on Trial April 5, 2009
Posted by rogerhollander in Human Rights, Israel, Gaza & Middle East, War.Tags: gaza, gaza blockade, gaza civilian population, geneva conventions, george bisharat, hamas, International law, israel, israel civilian casualties, israel civilian targets, israel collective punishment, israel disproportionate force, israeli soldiers, nuremberg principles, Richard Falk, richard goldstone, roger hollander, War Crimes, war crimes prosecutor, white phosphorus
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Published on Saturday, April 4, 2009 by The New York Times
SAN FRANCISCO – Chilling testimony by Israeli soldiers substantiates charges that Israel’s Gaza Strip assault entailed grave violations of international law. The emergence of a predominantly right-wing, nationalist government in Israel suggests that there may be more violations to come. Hamas’s indiscriminate rocket attacks on Israeli civilians also constituted war crimes, but do not excuse Israel’s transgressions. While Israel disputes some of the soldiers’ accounts, the evidence suggests that Israel committed the following six offenses:
- Violating its duty to protect the civilian population of the Gaza Strip. Despite Israel’s 2005 “disengagement” from Gaza, the territory remains occupied. Israel unleashed military firepower against a people it is legally bound to protect.
- Imposing collective punishment in the form of a blockade, in violation of Article 33 of the Fourth Geneva Convention. In June 2007, after Hamas took power in the Gaza Strip, Israel imposed suffocating restrictions on trade and movement. The blockade — an act of war in customary international law — has helped plunge families into poverty, children into malnutrition, and patients denied access to medical treatment into their graves. People in Gaza thus faced Israel’s winter onslaught in particularly weakened conditions.
- Deliberately attacking civilian targets. The laws of war permit attacking a civilian object only when it is making an effective contribution to military action and a definite military advantage is gained by its destruction. Yet an Israeli general, Dan Harel, said, “We are hitting not only terrorists and launchers, but also the whole Hamas government and all its wings.” An Israeli military spokeswoman, Maj. Avital Leibovich, avowed that “anything affiliated with Hamas is a legitimate target.”
Israeli fire destroyed or damaged mosques, hospitals, factories, schools, a key sewage plant, institutions like the parliament, the main ministries, the central prison and police stations, and thousands of houses. - Willfully killing civilians without military justification. When civilian institutions are struck, civilians — persons who are not members of the armed forces of a warring party, and are not taking direct part in hostilities — are killed.
International law authorizes killings of civilians if the objective of the attack is military, and the means are proportional to the advantage gained. Yet proportionality is irrelevant if the targets of attack were not military to begin with. Gaza government employees — traffic policemen, court clerks, secretaries and others — are not combatants merely because Israel considers Hamas, the governing party, a terrorist organization. Many countries do not regard violence against foreign military occupation as terrorism.
Of 1,434 Palestinians killed in the Gaza invasion, 960 were civilians, including 121 women and 288 children, according to a United Nations special rapporteur, Richard Falk. Israeli military lawyers instructed army commanders that Palestinians who remained in a targeted building after having been warned to leave were “voluntary human shields,” and thus combatants. Israeli gunners “knocked on roofs” — that is, fired first at corners of buildings, before hitting more vulnerable points — to “warn” Palestinian residents to flee.
With nearly all exits from the densely populated Gaza Strip blocked by Israel, and chaos reigning within it, this was a particularly cruel flaunting of international law. Willful killings of civilians that are not required by military necessity are grave breaches of the Geneva Conventions, and are considered war crimes under the Nuremberg principles.
- Deliberately employing disproportionate force. Last year, Gen. Gadi Eisenkot, head of Israel’s northern command, speaking on possible future conflicts with neighbors, stated, “We will wield disproportionate power against every village from which shots are fired on Israel, and cause immense damage and destruction.” Such a frank admission of illegal intent can constitute evidence in a criminal prosecution.
- Illegal use of weapons, including white phosphorus. Israel was finally forced to admit, after initial denials, that it employed white phosphorous in the Gaza Strip, though Israel defended its use as legal. White phosphorous may be legally used as an obscurant, not as a weapon, as it burns deeply and is extremely difficult to extinguish.
Israeli political and military personnel who planned, ordered or executed these possible offenses should face criminal prosecution. The appointment of Richard Goldstone, the former war crimes prosecutor from South Africa, to head a fact-finding team into possible war crimes by both parties to the Gaza conflict is an important step in the right direction. The stature of international law is diminished when a nation violates it with impunity.
Canadian Government Continues Ouster of US War Resisters February 15, 2009
Posted by rogerhollander in Canada, Iraq and Afghanistan, War.Tags: Afghanistan War, afghanistan war resisters, Canada, canada deportation, canada refuge, canadian council refugees, carolyn egan, cliff cornell, den walcott, harper administration, illegal war, Iraq war, iraq war resisters, jeremy hinzman, joshua key, Kimberly Rivera, matt lowell, nuremberg principles, Patrick Hart, project safe haven, robin long, roger hollander, sarah lazare, Stephen Harper, War Resisters, war resisters support
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America’s neighbor to the north is erecting barriers to Iraq War resisters seeking asylum
In the past weeks, the Harper Administration has moved swiftly to push U.S. Iraq War resisters out of Canada, issuing removal orders to five more resisters who had resettled up north. Two have recently been forced out of the country, and the rest continue their appeals through the Canadian Courts. This adds to the growing number of U.S. war resisters in Canada who are being threatened with deportation and eventually U.S. military court martials and imprisonment.
“According to the Nuremberg principles, people have the right to a free conscience,” said Ryan Johnson, a former soldier who refused deployment to Iraq and resettled in Canada in June 2005. “We should be allowed to stay based on that.”
Since the beginning of the Iraq War, dozens of U.S. troops resisting service in Iraq have applied for refugee status in Canada, on the grounds that, were they handed back to U.S. military custody, they would face persecution for refusing to participate in an illegal war. Several Afghanistan War resisters have also made Canada their home, with an estimated 200 U.S. war resisters currently residing in that country.
Cliff Cornell, who resettled in Canada after refusing to deploy to Iraq in 2005, returned to the United States when the Canadian government denied him a stay of removal. He was arrested by U.S. border police last week and taken to a county jail in Bellingham, Washington. Following a community vigil at the jail, Cornell was released and given five days to travel to Ft. Stewart, Georgia on his own accord. He is expected to face court martial, and supporters have set up a defense fund to cover his legal fees.
The 28 year-old from Mountain Home, Arkansas refused to go to war because “it just didn’t feel right,” he told his supporters at a 2005 rally in Canada. “I don’t want to be killing innocent people.”
Chris Teske, a former U.S. Army paratrooper and infantryman who refused recall to Iraq after serving two tours in Afghanistan, also left to the United States after receiving removal orders. Teske was not arrested crossing the border and is currently consulting legal counsel to turn himself in.
“It seems as hard as I try to forget the institution which enslaved me, they have not forgotten about me,” Teske said in a January 2009 statement. “I have been denied at every turn in my immigration process. I have now been ordered to leave Canada.”
Three other resisters-Kimberly Rivera, Patrick Hart, and Dean Walcott-were issued deportation proceedings in recent weeks, which they appealed through the Canadian judicial system. They have won temporary stays, which will likely delay deportation a few months and could possibly lead to successful appeals.
Several more war resisters-including Jeremy Hinzman, Joshua Key, and Matt Lowell-have been fighting deportation orders for months and have thus far avoided deportation. In a remarkable legal victory, a Federal Court in Canada rejected the reasons given by the Immigration and Refugee Board for denying refugee status to Joshua Key and ordered a new hearing. Hinzman, who arrived in Canada with his wife and son over five years ago, will have an appeal hearing on February tenth. Last year his wife Nga gave birth to a baby girl, who is a Canadian citizen.
The flurry of removal proceedings follows the July 2008 deportation of Robin Long, a former soldier who resettled to Canada rather than deploy to Iraq with his unit. Long was handed over to U.S. military custody, where he was court martialed and sentenced to 15 months of confinement in August, 2008. He was the first resister to be deported from Canada since the Vietnam War.
The government’s actions fly in the face of Canadian popular opinion. Canadians are overwhelmingly in support of allowing war resisters to stay, with 64 percent in favor of granting them permanent residence, according to a June 2008 Angus Reid Strategies poll. In June 2008, a resolution was passed in the Canadian Parliament to allow war resisters apply for permanent residence in Canada. Yet, the minority conservative Harper government has refused to implement this non-binding resolution, and the Canadian Immigration and Refugee Board (IRB) has moved forward with issuing deportation orders to resisters who have applied for asylum.
Jason Kenney, Canada’s new Minister of Citizenship, Immigration, and Multiculturalism, has come under fire in recent weeks for referring to war resisters as “bogus refugee claimants.” He stated in a January 2009 interview, “I don’t appreciate people adding to the backlog and clogging up the system whose claims are being rejected consistently 100 per cent of the time.”
“The Canadian Council on Refugees and other similar organization have spoken out, saying that Iraq War resisters are certainly legitimate refugee candidates and that this is government interference in the refugee process,” refutes Carolyn Egan, of the War Resisters Support Campaign in Canada.
“The U.S. war and occupation of Iraq is now universally recognized as illegal, or at least plain wrong-even by President Obama,” said Jeff Paterson, a Gulf War Resister and Project Director of Courage to Resist, a U.S.-based war resister support organization. “Canada as a nation saw this truth before many Americans did. There should be no question that resisters to unjust war are deserving of refuge from prosecution and deployment.”
Once issued by the government, the deportation orders are being fought through the Canadian court system. “Recent legal decisions made by the federal courts have been influenced by Canadian popular opinion,” said Gerry Condon, a Vietnam War resister and organizer with Project Safe Haven. “Support for war resisters has done a great deal to slow down the deportation proceedings.”
Condon noted that even as these deportations are taking place, new war resisters are arriving in Canada. “It is still possible for AWOL GIs to go to Canada,” said Condon. “They can apply for refugee status and expect at least a year of freedom in Canada. It is not easy, but it beats going to war or jail.”
War resisters in Canada have been met with widespread support from anti-war activists in the U.S. and Canada. The War Resisters Support Campaign in Canada organized an emergency week of action in response to the deportation proceedings, and supporters from the U.S. and Canada appealed to Canadian authorities to allow war resisters to stay. Courage to Resist has helped coordinate solidarity efforts in the United States and is raising legal funds to help defend those who have already been deported.
“We certainly haven’t stopped the deportations, and we may be seeing more in the coming months,” said Condon. “But the struggle to support war resisters will continue on both sides of the border.”
To donate to Cliff Cornell’s legal defense, visit: www.couragetoresist.org
Saying no to Canada’s death game June 22, 2016
Posted by rogerhollander in Arms, Canada, Human Rights, Uncategorized, War.Tags: arms exports, Canada, canadian arms, daniel berrigan, Harjit Sajjan, homes not bombs, human rights, justin trudeau, kellog-briand, lester pearson, major barbara, matthew behrens, nuclear weapons, nuremberg principles, roger hollander, saudi aragia, saudi arms deal, Stephane Dion, super hornet, war, weapons
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Roger’s note: it is a widely held myth that Canada is a basically peaceful nation, a kind of antithesis to its bellicose neighbour to the south. Despite some nuances to Canadian government policy (e.g. staying out of the initial invasion of Iraq, but not Afghanistan), Canada has been and remains a faithful ally of U.S. war mongering foreign policy. Yet the myth persists, not only internationally but as well as amongst the Canadian population.
Here is the true story.
| JUNE 22, 2016, http://www.rabble.ca
In a reminder that the warfare state is never affected by who gets elected in Canada, the Trudeau Liberals are about to embark on a militaristic spending spree that will draw no opposition from the Conservatives or the NDP. All major parties are firmly committed to spending obscene amounts of money on war, and in Canada, the War Department’s annual sinkhole of over $20 billion is by far the largest use of discretionary federal spending (i.e., spending that is not mandated by any legal commitment).
While Parliament is away this summer, Justin Trudeau is expected to pony up countless billions for Super Hornet fighter jets whose only purpose is to drop bombs on human beings. The Super Hornets are expected to play the role of “interim” tools of mass murder from the air until the Liberals can figure out the best sunny ways PR to massage the Canadian public into accepting even greater spending on F-35 fighter jets further down the road. In addition, the Liberals are on board for a $26-billion Canadian warship investment that will continue to leave the cupboard bare when it comes to daycare, desperately needed investments in Indigenous communities, environmental clean-up, affordable housing, and dozens of other social programs that remain miserably underfunded.
As the Canadian military quietly wages war in Iraq with Trudeau’s earlier, expanded commitment on the ground and continued contribution to aerial bombardment of people below, the Liberals are also considering sending hundreds of troops to the Russian border in yet another provocation against Moscow. This is in addition to the hundreds of troops already stationed in the region who, instead of helping refugees cross the dangerous Mediterranean, are playing war games to provoke the Russian Bear. Such escalations all help set the stage for bigger investments in war just as War Minister Harjit Sajjan gets set to hold his window-dressing consultation with Canadians over war policy.
Absurd assumptions
The idea that Canada “needs” warplanes and warships is absurd. The only ones who “need” Canada to have them are those corporations who profit from such massive purchases. Sajjan claims Canada faces a “capability gap” by not purchasing new warplanes, but in saying so he is merely acting as the pathetic public face of a muscular military industry that, as George Bernard Shaw pointed out in his brilliant play Major Barbara over a century ago, is the real force conducting and forming foreign policy.
In that play, arms dealer Andrew Undershaft (of the munitions firm Undershaft and Lazarus), declares quite clearly to the small group who raise moral concerns about the nature of his business:
It is not just the arms-makers like Undershaft who call the tune. The tune is also hummed, eerily enough, by human rights NGOs who have bought so far into the system that they cannot reject its core principles. The language they use in opposing things like the $15-billion weapons deal with Saudi Arabia is compromised by accepting the assumption that there is nothing wrong with the production of killer brigade vehicles: they just should not be used by certain countries.
A compromised letter
On April 25, a group of NGOs released an open letter, expressing “profound concerns” about the Stéphane Dion-issued export permits for these warrior vehicles, calling the decision “immoral and unethical.” Fair enough. But the letter suffered from a fatal flaw: it accepts as legitimate far too much of state violence. And it proposes that peace groups, rather than working for disarmament, work with the government to facilitate the weapons trade.
They also ask the government to “rescind the export permits, ensuring that this deal does not go ahead unless and until relevant human rights concerns have been resolved.”
A question arises: what human rights concerns would have to be resolved to ensure that it is safe to supply a regime with vehicles whose sole purpose is the crushing of human rights? The letter continues that the Canadian government’s arms control regime’s “integrity has been utterly compromised with the government’s decision to proceed with the largest arms sale in Canadian history to one of the world’s worst human rights violators.”
No similar letter appears to have been issued with respect to the billions annually sold to governments which commit gross violations of human rights on a scale that makes Saudi war crimes in Yemen and surrounding countries small potatoes. Like the United States, for example, the single-largest purchaser annually of Canadian-made weapons. The groups argue that Canada’s arms control regime is designed to prevent deals like those that went to Saudi. But how can a regime that simply regulates who gets the killing machines have any sense of “integrity”?
While the letter is a welcome voice on the one hand that says no to this particular sale, it serves to legitimize the execrable business of the production of mass murder by Canadian manufacturers. Here is the rub. The letter states: “Our export control system must ensure that export authorizations are granted for only end-users that are in full compliance with applicable safeguards.” But when you produce a killer brigade vehicle or a machine gun that rattles off 4,000 rounds a minute, it has only one purpose: legalized murder.
Human rights groups to facilitate weapons trade
The groups hope Canada will soon sign an additional arms control measure that legitimizes the wholesale profit from slaughter, but under more stringent conditions. They even offer their assistance in helping Canada figure out a more sanitized manner of pursuing the death merchant business “to improve the legal and political machinery for regulating Canadian arms exports, and we stand ready to contribute to any and all efforts in this regard.”
Such entreaties are not helpful. The role of human rights groups is not to assist in the better regulation of the business of murder. It would instead, one would hope, call into question the whole nasty business itself, and recognize that, if one wants to go by law, Canada is a signatory to the Kellogg-Briand Treaty, which comes as close to outlawing war as any treaty could hope for.
The letter finishes with the standard salute to Canada’s ultimate goodness, those “core values that define Canada’s character as a nation.” They don’t mention those values, but it is assumed, since such groups repeat them with nauseating consistency, that Canada is an honest broker, a peaceful player on the world stage, a Pearsonian boy scout in a world of dangers lurking in the shadows.
If we are truthful, however, the Saudi arms deal, and the implicit support for the war crimes being committed with them, does not violate Canada’s core values. It is a reflection of them. Indeed, a core value of Canada, as history repeatedly shows, is genocide and the profiting from murder. The Truth and Reconciliation was only the latest reminder that Canada as a nation is built on, and continues to pursue, policies of genocide against Indigenous peoples at home and abroad.
One would have hoped for a more principled approach to taking on one of the signature issues of our time. But it has always been thus in Canada, where the very cautious approach (including the endless accolades for Pearson, a prime minister whose government contributed to major war crimes against the people of Vietnam, as documented by Victor Levant) was once skewered by the late Jesuit priest Daniel Berrigan, who passed away just over a month ago at the age of 94. Berrigan, a long-time recidivist who was constantly arrested for resisting war, challenged Canadians in the 1980s in his review of a book by Ernie Regehr and Simon Rosenblum, The Road to Peace.
While this quote is lengthy, it does speak to the heart of what ails so much advocacy, whether it be against the war industry or for an end to climate change. This would be an inability, or a refusal, to plainly call things for what they are, for fear of losing the “ear” of governments who are all too happy to appear democratic by “consulting,” all the while going ahead with their original plans. This is indeed the PR job being shovelled at Canadians who were tired of not being heard by Harper. Trudeau has promised he will listen, but there is no guarantee he will act on what he hears.
In the Berrigan review of this tome on nuclear weapons, he writes that:
That reference to breaking and entering came out of Berrigan’s own experience, whether during draft board raids (in which hundreds of people, many of them Catholic priests and nuns, invaded U.S. government offices and destroyed almost 1 million draft files with homemade napalm) or as part of the Ploughshares movement, in which nuclear weapons and warplanes have been symbolically disarmed with hammers and blood, beating swords into ploughshares.
Berrigan’s point is rendered clear enough: by using the government’s official language, we dehumanize and decontextualize what is going on, erasing the victims at all ends of the weapons process, whether they be those who suffer at home for want of social spending or those who live and die under the bombs once they are “delivered” overseas.
An absolute refusal to co-operate
On May 25, the very first absolute, complete refusal to comply with any aspect of the current Saudi arms deal (and the idea that it is OK to export killer weapons to some nations but not others) took place when eight members of Homes not Bombs and Christian Peacemaker Teams entered the Global Affairs edifice in downtown Ottawa and, after unfurling a banner, simply refused to move. Despite repeated entreaties to leave and demonstrate on the street, they refused to do so until Dion cancelled the deal and opened a dialogue on ending the arms trade once and for all. Three were arrested and will face trial later this year. Mr. Dion can expect a subpoena.
While ending the weapons trade is a multifaceted campaign that requires work at all levels, hopefully that work can proceed by refusing to accept the assumptions of the Undershafts of the world. Opposition to Canadian military spending is difficult to muster in a culture that so idolizes the War Dept. and buys its noble aims propaganda. Hence, many groups fashion their approach to the issue based on tinkering with the spending or shifting some resources from the air force to the navy (the Jack Layton approach) without recognizing that if love really is better than hate, as so many MPs are wont to be saying these days, then investments in an institution based on murder is certainly not a good route for conflict resolution.
Decades upon decades of buying into the idea of arms control (instead of disarmament) have left us at a point where the most recent Global Peace Index indicates the world is increasingly a less peaceful place, with the gap between those countries insulated from war versus those suffering through violent conflict continuing to widen:
Which brings us back to the immediate problem. The self-proclaimed “feminist” in the PMO who is selling $15 billion worth of weapons to arm Saudi misogyny is eagerly perusing the latest in bomb-dropping killer aircraft, Super Hornets that will split the eardrums of overseas children, rip their legs off, blow apart the faces of their mothers, demolish their schools and places of worship, poison their land and water, and permanently scar countless people for life.
Trudeau’s killer priorities
This is the priority for Trudeau, and many will accept it because it’s coming from the nice guy who isn’t Harper. At home, those who will be hurt by the purchase are many. Each Super Hornet will cost approximately $100 million, in addition to the ongoing costs of fuel (and the outrageous contribution the military continues to make to climate change), maintenance and upgrades that provide even niftier means of murdering people.
What could we use with each $100 million spent on Super Hornets? Some 4,000 students could attend university for four years for free. Some 400 affordable hosing units could be built. Over 6,563 free, year-round child-care spaces would open up. The price of Two Super Hornets would meet the funding gap that Cindy Blackstock identified as missing for First Nations children in Budget 2016. The price of one Hornet is three times what the Trudeau government has committed annually to meeting the mental health needs of Indigenous youth.
Warplanes of any type and variety are offensive by nature. Their use is in violation of the Nuremberg Principles (which prohibits “Planning, preparation, initiation or waging of a war of aggression) as well as the Kellogg-Briand Pact (a.k.a. the Treaty Providing for the Renunciation of War as an Instrument of National Policy, signed by Canada in 1929), in which:
Purchase of warplanes, in addition to the countless tens of billions spent annually on warfare (and the planned $26 billion in warships) stand Canada in contravention to the International Covenant on Economic, Social and Cultural Rights, which guarantees all people an adequate standard of living, “including adequate food, clothing and housing, and to the continuous improvement of living conditions…. the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.” Canada cannot meet the huge need for mental health services, environmental clean-up, and income equality measures while it continues to make war spending its highest use of federal discretionary funds.
While Canada undergoes a summertime “review” of War Dept. priorities, it provides us with an opportunity not to play the arms control game, but to ask serious questions about why we continue to pump untold capital into an institution that — while no doubt peopled with many good folks who have good intentions — serves no truly useful social purpose. We don’t need heavily armed people to help with flood relief or to stop forest fires. Rescue at sea can be conducted by ships and planes that are not armed to the teeth.
What helps, as a step forward, is to name things for what they are. Writing while underground and always staying one step ahead of the massive FBI manhunt for a man who committed a crime of peace, in 1970, Father Daniel Berrigan, in an open letter to other war resisters then underground, put it thusly: “When madness is the acceptable public state of mind, we’re all in danger… for madness is an infection in the air. And I submit that we all breathe the infection and that the movement has at times been sickened by it too … In or out of the military, in or out of the movement, it seems to me that we had best call things by their name, and the name of this thing, it seems to me, is the death game, no matter where it appears.”
Perhaps the best way to end the death game is to stop playing along with it.
Matthew Behrens is a freelance writer and social justice advocate who co-ordinates the Homes not Bombs non-violent direct action network. He has worked closely with the targets of Canadian and U.S. ‘national security’ profiling for many years.
Photo: Jamie McCaffrey/flickr