You are on page 1of 16

Summer Edition

“News a Press
That’s Free
Would Print” The War Crimes Times WarCrimesTimes.org
Washington, DC:
Storms lingering;
front stalled; change
uncertain.

Vol. I No. 3 Summer 2009 Free (as the press should be)

OBAMA DRONES ON
No Change in Policy
War Crimes Continue
Unexceptional Americans: Why We
Can't See the Trees or the Forest
The Torture Memos and Historical Amnesia
by Noam Chomsky as in the case of other great
powers.
The torture memos released
by the White House elicited Accordingly, what's surpris-
ing is to see the reactions to
shock, indignation, and sur-
prise. The shock and indigna- the release of those Justice
U.S. Commission tion are understandable. The Department memos, even by
Afghanistan and Iraq: War Crimes surprise, less so. For one thing,
some of the most eloquent and
of War Crimes Is even without inquiry, it was forthright critics of Bush mal-
Against Children Ascribed to Former reasonable to suppose that feasance: Paul Krugman, for
the General Rule Guantanamo was a torture
example, writing that we used
President Bush Mohammed was the first to
by S. Brian Willson
chamber. Why else send pris- to be "a nation of moral ideals"
and never before Bush "have our
counsel warriors not to harm oners where they would be
by Sherwood Ross innocent children. beyond the reach of the law— leaders so utterly betrayed eve-
The (UK) Sunday Times rything our nation stands for."
Torture has received the From jailing children to- Online Edition, June 14, 2009 a place, incidentally, that
To say the least, that common
most attention among the gether with adults in prisons ("Afghan Villagers Slain As Washington is using in viola-
tion of a treaty forced on Cuba view reflects a rather slanted
many war crimes of the Bush where they were raped to fail- They Took Cover" by Jon version of American history.
administration. But those who ing to notify their parents of Swain) reported a Bush II ad- at the point of a gun?
their arrest, the U.S. commit- ministration Iraq policy to ac- Security reasons were, of American imperialism is often
support Bush’s pursuit of the
ted numerous war crimes cept 30 civilian deaths (murders) course, alleged, but they re- traced to the takeover of Cuba,
“war on terror” have not been
against children in Afghani- for each attack on a high-value Puerto Rico, and Hawaii in 1898.
impressed by recriminations main hard to take seriously.
stan and Iraq, a new book on target. Under the Obama ad- The same expectations held But that is to succumb to what
over torture. Worse than tor-
President Bush states. ministration the acceptable for the Bush administration's historian of imperialism Ber-
ture are the murders of at least
number has been reportedly nard Porter calls "the saltwater
50 prisoners in Abu Ghraib, “American guards video- "black sites," or secret prisons,
reduced to single digits. and for extraordinary rendi- fallacy," the idea that conquest
Afghanistan, and Guantánamo, taped Iraqi male prisoners rap- only becomes imperialism
but again the hard-hearted are ing young boys but took no Examination of U.S. military tion, and they were fulfilled.
More importantly, torture has when it crosses saltwater.
u n i mp r e s se d wh e n t h o s e action to stop the offenses history reveals a long pattern
been routinely practiced from Thus, if the Mississippi had
whom they perceive as terror- (and) children in Abu Ghraib of contempt for civilians, ra-
the early days of the conquest resembled the Irish Sea, West-
ists receive illegal extrajudicial were deliberately frightened tionalizing their murders, usu-
of the national territory, and ern expansion would have
capital punishment. by dogs,” writes political sci- ally by ignoring them, or de- been imperialism. From George
The case for abusing chil- entist Michael Haas in his new humanizing them such that continued to be used as the
i mp e r ia l v e n tu re s o f th e Washington to Henry Cabot
dren, however, is more diffi- book, George W. Bush, War they are not considered hu- Lodge, those engaged in the
cult to support. The best kept Criminal? (Praeger), a question man. Since U.S. intervention is "infant empire"—as George
enterprise had a clearer grasp
sec re t of the Bush’s war he answers in the affirmative. generally illegal, and conse- Washington called the new repub-
lic—extended to the Philippines, of just what they were doing.
crimes is that thousands of “In most cases, weeks or quently unpopular with the
majority of the victim-nation's Haiti, and elsewhere. After the success of humani-
children have been impris- even years elapsed before par-
citizenry, many locals join the tarian intervention in Cuba in
oned, tortured, and otherwise ents were informed of the im- Keep in mind as well that
resistance, as is their right un- torture was the least of the 1898, the next step in the mis-
denied rights under the Ge- prisonment of their children,”
der international law. The sion assigned by Providence
neva Conventions and related says Haas, noting that in Af- many crimes of aggression,
U.S., of course, sees them as terror, subversion, and eco- was to confer "the blessings of
international agreements. Yet ghanistan alone during 2002 “at
unlawful combatants. nomic strangulation that have liberty and civilization upon
both Congress and the media least 800 boys, aged 10 to 15 were
have strangely failed to iden- darkened U.S. history, much (See CHOMSKY on page 4)
captured,” 64 of whom were sent The very foundation of U.S.
tify the very existence of child to Guantanamo, Cuba, where civilization is built on geno-
prisoners as a war crime. In the some were flung into solitary cide of millions of indigenous Inside: droning bombers; droning Obama; Israel-
Islamic world, however, there is no confinement. Haas notes that people, termed "savages" and U.S. crime partners; Gen. Taguba; Vets to Obama;
such silence. Indeed, the prophet (See CHILDREN on page 4) Gitmo; sin; lessons from history; and more...
(See GENERAL RULE on page 2)
War Crimes Times ● WarCrimesTimes.org NEWS & VIEWS Summer 2009 2
you to kill and burn; the more waste" the Six Nations of the
General Rule
VFP president to (Continued from page 1)
you kill and burn the better
you will please me." General
Iroquois Confederacy; and (2)
General William Tecumseh
"vermine," who for multiple genera- Smith declared that "the inte- Sherman's request in Decem-
Obama: We are angry, tions had resided on lands in the
Western Hemisphere forcefully taken
rior of mountainous Samar
must be made a howling wil-
ber 1866 to General Ulysses S.
Grant to "act with vindictive
from them by European invaders. Our derness," ordering all persons earnestness, even to their ex-
We are outraged Declaration of Independence de-
scribes the indigenous Americans as
killed who were capable of
bearing arms and engaging in
termination, men, women, and
children" against the Sioux
Dear President Obama, "merciless Indian Savages." In 1779, combat. Indians as punishment for their
during the Revolutionary War, Gen- President Theodore Roose- having trapped and defeated
We write to you again, this time to say we are saddened to eral George Washington described velt congratulated the General an 80-man detachment of the
see that you now clearly believe in the tired, inhumane and the indigenous Americans as "beasts in charge of conquering Batan- 27th U.S. infantry from Fort Phil
unworkable assumption that violence will somehow work; of prey," ordering their destruction gas Province in Luzon for his suc- Kearny, Nebraska that had defied
that might makes right. But that is not the only thing we need while "chastizing" them with "terror." cessful scorched earth policy orders by straying across Lodge
to tell you. The U.S. Constitution did not recog- that killed, according to an Pole Creek as they chased what
nize indigenous Americans as citi- estimate of the secretary of the they believed were panic-
We are not just saddened. We are angry. We are outraged by
zens. In effect, they were non- province, one-third of the popula- stricken warriors. [See Richard
these actions, this practice of “death from above” you are
persons. tion through shootings, starvation, Drinnon, Facing West: The Meta-
ordering, causing the killing and wounding of hundreds of
Genocide number two occurred and war-induced disease. physics of Indian-Hating and Em-
innocent people, as exemplified by the recent horrific attacks
with the forceful ravaging of numer- By the time the bulk of the pire-Building (Minneapolis: Univer-
in Afghanistan.
ous African communities, killing the guerrillas had surrendered or sity of Minnesota Press, 1980), p. 329]
When will it be enough, Mr. President? What is the number majority in a violent process captur- been killed in 1902, nearly Thus was established an offi-
of dead and injured at which you will say “this can’t go on”; ing millions to acquire "free" chattel 5,000 U.S. military had died. cial United States policy of
the number at which you will decide it’s time to turn away slaves to build the early agricultural But estimates of Filipinos murdering civilians and caring
from violence and find another way? This really is the ques- and industrial base of the U.S. Our murdered in the nearly three- little about distinguishing them
tion upon which everything else will turn—how many bodies U.S. Constitution explicitly denied and-a-half year campaign of from combatants. My experi-
are too many? You know it is impossible to kill our way to a African-American slaves the status of "scorched earth" range from ence in Viet Nam of learning
resolution, if for no other reason than every death and injury people or citizens, treating them 200,000 to 600,000, many bur- of mindless bombings of unde-
creates even more people willing to fight and die to remove merely as property. ied in mass graves. fended, inhabited fishing vil-
us from their land. During the Twentieth Century, hun- Secretary of War Elihu Root lages finally woke me up to
dreds of military and thousands of under President McKinley and this sick reality.
We’ve been through this before, Mr. President, and I don’t
covert interventions in more than one Teddy Roosevelt justified the Brian Willson is an activist and
mean that in a rhetorical way. hundred nations enabled the U.S. to U.S. conduct against the "the essayist with degrees in Sociol-
We have indeed been through this all before—unlike most of acquire lucrative markets and cheap cruel and treacherous savages ogy, Criminology, and Law who
the people in our country or in your administration. We have resources and labor, murdering at who inhabited the island," cit- commanded an experimental Air
seen and heard and smelled and felt what “death from above” least 20 million innocent poor in the ing two precedents as author- Force combat security ranger-
actually means, not in a briefing report but right there in our process, to assure success, at virtually ity: (1) General George Wash- type unit in Viet Nam. His phi-
hands and before our eyes. any cost, of the American Way Of ington's orders to General John losophy of sacred interconnect-
Life (AWOL). This latter record Sullivan in 1779 to use edness with all life is summed
We’ve seen the look in the eyes of the people we occupied. amounts to genocide number three. "terror" to "destroy" and "lay up: “We are not worth more,
We felt their anger and their humiliation. We remember these The U.S. civilization is built on geno- they are not worth less.”
things well, Mr. President, because they will not go away no cides, enabling selfish addiction to
matter how many years pass. money and material goods through
violent, deceitful control of virtually
Veterans For Peace will continue to speak out against such everything in our path, causing incal-
crimes. We will do so along with the growing numbers of culable destruction to people and the
people who are telling you that by going down this road you environment. People of color, or of
are making a tragic mistake. We no longer face the old ques- little means, are worth less, often
tion of “guns or butter?” Now the question is: will we com- nothing, as we consider ourselves
pletely destroy our economy with all that means, or will we "exceptional."
step back from the brink and do what our humanity demands
During the Spanish-American War,
of us before the slide into moral and economic ruin is irre-
the behavior of the U.S. military re-
versible? pressing the Philippine Insurrection
At some point, Mr. President, you will decide to turn away (1899-1902), matched and exceeded
from violence, to end these occupations. As we wrote before, use of official terror as applied
we stand ready to assist you in any effort to find another way. against U.S. indigenous right up to
the Wounded Knee Massacre in South
Until then you will find us in the streets. Dakota in December 1890.
Angry at indigenous resistance, the
Most Sincerely, U.S. referred to native Filipinos as
Mike Ferner "goo-goos." Army Brigadier General
Walking down Wall Street I saw a group of construction workers
National President "Hell-Raising" Smith ordered Marine
in front of a building with this coffin. They were protesting against
Veterans For Peace Major Littleton W.T. Waller on Christmas
the building owner who was hiring a non-union contractor not
Eve 1901: "I want no prisoners. I wish
licensed to remove asbestos. The construction workers claimed
The War Crimes Times provides information on war crimes, war criminals, and on the necessity and these practices kill people and the economy. I inquired what their
means to prosecute war criminals to the general public, to law-makers, and to our justice-seeking allies. thoughts were about Bush's deeds and a wonderful dialogue
The WCT is published by VFP Chapter 099 (Western North Carolina) and distributed free of charge to readers ensued. I suggested that the coffin should have an "ARREST
across the country. Our funding comes from our distributors (VFP chapters and like-minded groups) who BUSH" sign on it, which I always carry with me for just these
pay only for printing and postage costs. But a number of copies are distributed completely gratis. Please types of opportune moments. They hugged me, cheered, and in
consider helping with this cost. Send a check (with memo "WCT") to: Veterans For Peace Chapter 099 solidarity asked me to give the sign to them. I took the picture and
Contact: editor@WarCrimesTime.org PO Box 356 they kept the sign on the coffin. A couple of them turned out to be
WCT Editorial Team: Kim Carlyle, Mike Ferner, Mars Hill, NC 28754 veterans. —Maurizio Morselli
Clare Hanrahan, Stack Kenny, and Tarak Kauff
War Crimes Times ● WarCrimesTimes.org NEWS & VIEWS Summer 2009 3

Obama, Pakistan and the Rule of Law


by Peter Dyer Center in Washington on Aug.
1, 2007. He said:
In the first hour of his ad-
ministration President Barack “Al-Qaeda terrorists train,
Obama affirmed his dedication travel, and maintain global
to the rule of law: communications in this safe
haven. The Taliban pursues a
“Our Founding Fathers, hit-and-run strategy, striking
faced with perils that we can in Afghanistan, then skulking
scarcely imagine, drafted a across the border to safety.
charter to assure the rule of This is the wild frontier of our
law and the rights of man—a globalized world. …
charter expanded by the blood
of generations. Those ideals “But let me make this clear. Killing people in Pakistan with Hellfire missiles is against the law.
still light the world, and we There are terrorists holed up in
those mountains who mur- to a conviction pronounced by consideration of whatever na-
will not give them up for expe- approach that is primarily
dered 3,000 Americans. They a court offering the essential ture, whether political, eco-
dience sake.” military:
are plotting to strike again. … guarantees of independence nomic, military or otherwise
In his first full day in office If we have actionable intelli- and impartiality.” may serve as a justification for “The one thing every Paki-
P resident Obama said: gence about high-value terror- aggression.” stani wants for his kids is edu-
Extrajudicial Killings
“Transparency and the rule of ist targets and [Pakistan’s This was the position of the cation.... Within one to three
law will be the touchstones of leader] won’t act, we will.” The 170 or so people who
Tribunal at the first Nurem- years you will turn that entire
this administration." have been killed by Hellfire
Since the start of the Obama berg Trial. At Nuremberg 22 region around. The greatest
missiles in Pakistan since In-
The remarkable campaign administration about 170 peo- of the most prominent Nazis enemies of the Americans will
auguration Day represent 170
and inspiring oratory of the ple have been killed inside were tried for war crimes, become their allies.”
extrajudicial killings — out-
first African-American to be Pakistan in at least 17 of these crimes against peace In the book outlining his
lawed not only by the Geneva
elected to the planet’s most attacks. The Pakistan newspa- (aggression), crimes against vision, Change We Can Be-
Conventions but by the Inter-
powerful public office sparked per, The News, says the great humanity and conspiracy fol- lieve In — Barack Obama’s
national Covenant on Civil
worldwide optimism and hope majority have been civilians. lowing World War II.
and Political Rights: Plan to Renew America’s
for new and creative ap- For many, the killings have Promise, are these words (p.
Article 6(1): “Every human be- In the judgment the Tribunal
proaches to serious national thrown a shadow over early 104): “To seize this moment in
ing has the inherent right to life. left no doubt as to the enor-
and international challenges. hopes for new thinking about our nation’s history, the old
This right shall be protected by mity of the crime of aggres-
Two days later, on Jan. 23, Bush’s GWOT, which the sion, labeling it “the supreme solutions will not do. An out-
Obama administration re- law. No one shall be arbitrarily
the CIA launched two missile international crime differing dated mind-set which believes
branded as the “Overseas Con- deprived of his life.” we can overcome these chal-
attacks on Pakistan. Fifteen only from other war crimes in
people in Waziristan, in Paki- tingency Operation.” Article 6(2): Sentence of death that it contains within itself the lenges by fighting the last war
stan’s Northwest Frontier The missile attacks indicate, “can only be carried out pursuant accumulated evil of the will not make America safe
Province, were killed by Hell- as well, that President to a final judgment rendered by a whole.” Eight German leaders and secure.”
fire missiles launched from Obama’s perspective on the competent court.” were convicted of aggression Unfortunately, in its first few
unmanned drones. The attacks rule of law may have less in at Nuremberg. Five of these months the Obama administra-
Unless the Pakistani govern-
were the latest in a series that common with the uplifting received death sentences. tion has been fighting the last
ment has invited the United
began several years earlier and eloquence of January than States to fire missiles into Certainly the scale of Ameri- President’s war. As far as
intensified in 2008. with the disdain consistently Pakistan is concerned, neither
Pakistan, the attacks violate can aggression in Pakistan is
As such, despite the Obama displayed during the previous the United Nations Charter Article small compared to that of Ger- the President’s foreign policy
campaign mantra, “Change eight years by his predecessor 2(4): “All Members shall re- man aggression in World War nor his perspective on the rule
We Can Believe In,” they rep- in the Oval Office. frain in their international rela- II. But how many civilian of law seem to be materially
resented the President’s com- Killing people in Pakistan tions from the threat or use of deaths, destroyed homes and different from those of Presi-
mitment to a critical compo- with Hellfire missiles is force against the territorial summary executions does it dent Bush. However, President
nent of the Bush administra- against the law. The attacks vio- integrity or political independence take for the firing of remote- Obama apparently is now “re-
tion’s foreign and military late the Geneva Conventions, the of any state, or in any other manner controlled missiles into Paki- evaluating” the missile strikes,
policy: expansion of what International Covenant on Political inconsistent with the Purposes of stan to qualify as a crime? in light of their widespread
George W. Bush dubbed the and Civil Rights, the United Na- the United Nations.” unpopularity in Pakistan and
“Global War On Terror” — Creative Alternatives the threat to the survival of
tions Charter, UN General Assem- Perhaps the most far-reaching
from one key theater of the bly Resolution #3314 and the It’s not as if there is a lack of Pakistan’s government.
aspect of the illegality of the drone
GWOT in Afghanistan across Nuremberg Charter. compelling and creative alter-
attacks is that each is an act of ag- Perhaps now is a good time
the border into Pakistan. native visions being proposed to look for an approach that is
Even when the missiles hit gression.
by smart people with experi- both legal and more effective
The attacks are ostensibly their intended targets in Paki- The United Nations Defini- ence in and knowledge of the
aimed at leaders of al-Qaeda stan, the orders to fire are in the long term than extra-
tion of Aggression, General region.
who are blamed for the 9/11 given from thousands of miles judicial killings of Taliban
Assembly Resolution #3314,
terrorist attacks on New York away by CIA officials watch- For example, as recently re- militants, al-Qaeda extremists,
provides a list of acts defined
and Washington, and at Tali- ing on computer screens in ported in The Nation, Akbar and Pakistani civilians.
as aggression, including Arti-
ban militants who slip across North America. CIA teams sit, Ahmed, former High Commis- Perhaps this is an opportunity
cle 3(b): “Bombardment by
the Afghan border to attack in effect, as collective judge, sioner from Pakistan to the UK
the armed forces of a State for change we can believe in.
U.S., NATO, and Afghan gov- jury, and executioner. emphatically told the Congres-
against the territory of another
ernment forces. sional Progressive Caucus on Peter Dyer is a freelance journalist
Protocol II, Article 6(2) of State or the use of any weap-
ons by a State against the terri- May 5 that the best strategy in who moved with his wife from Cali-
Hawkish Address the Geneva Conventions says: Pakistan is to work through fornia to New Zealand in 2004.
“No sentence shall be passed tory of another State.”
Candidate Obama outlined tribal organizations and net- Reach him at p.dyer@inspire.net.nz.
his position in a hawkish ad- and no penalty shall be exe- Article 5 makes it clear — works. He emphasized aid, educa- This article first appeared on
dress at the Woodrow Wilson cuted on a person found guilty aggression is never legal: “No tion and the certain failure of an ConsortiumNews.com.
of an offence except pursuant
War Crimes Times ● WarCrimesTimes.org NEWS & VIEWS Summer 2009 4

Children Chomksy: Unexceptional Americans that implementation of the


CIA 's "to rture paradig m"
(Continued from page 1)
(Continued from page 1) carried out by Americans di- never violated the 1984 Tor-
Protocol 1 of the 1977 Ge- all the rescued peoples" of the rectly in their own govern- ture Convention, at least as
neva Convention states “No Philippines (in the words of ment-established torture cham- Washington interpreted it.
Party to the conflict shall the platform of Lodge's Re- bers. As Allan Nairn, who has McCoy points out that the
arrange for the evacuation of publican party)—at least those carried out some of the most highly sophisticated CIA para-
children, other than its own who survived the murderous revealing and courageous in- digm developed at enormous
nationals, to a foreign coun- onslaught and widespread use vestigations of torture, points cost in the 1950s and 1960s,
try” unless written consent of torture and other atrocities out: "What the Obama [ban on based on the "KGB's most
of the parents is obtained. that accompanied it. These torture] ostensibly knocks off devastating torture technique,"
In a wide-ranging 389- fortunate souls were left to the is that small percentage of tor- kept primarily to mental tor-
page volume that documents mercies of the U.S.-established ture now done by Americans ture, not crude physical tor-
269 different classes of war Philippine constabulary within while retaining the over- ture, which was considered
crimes perpetrated by the a newly devised model of co- whelming bulk of the system's less effective in turning people
Bush administration, some lonial domination, relying on torture, which is done by for- into pliant vegetables.
of them repeated hundreds security forces trained and eigners under U.S. patronage. McCoy writes that the
or thousands of times, Haas have not been kept, Haas adds. equipped for sophisticated Obama could stop backing Reagan administration then
systematically exposes the Other violations of interna- modes of surveillance, intimi- foreign forces that torture, but carefully revised the Interna-
former president’s reckless tional covenants pertaining to dation, and violence. Similar he has chosen not to do so." tional Torture Convention
disregard for child welfare. children include: models would be adopted in Obama did not shut down "with four detailed diplomatic
To begin with, Bush’s legal many other areas where the the practice of torture, Nairn 'reservations' focused on just
▪ The failure to stop mis-
advisors disputed the very U.S. imposed brutal National observes, but "merely reposi- one word in the convention's
treatment of children.
definition of “child” as a per- Guards and other client 26-printed pages," the
son under 18 years of age who ▪ The failure to investigate forces. word "mental." He contin-
need s spec ial p ro tec tio n. the abuse of children. ues: "These intricately-
The Torture Paradigm
That’s the definition spelled ▪ The failure to prosecute
Over the past 60 years, Obama did not shut down constructed diplomatic
out in the Convention on the prison personnel allegedly reservations re-defined
guilty of such abuse.
victims worldwide have the practice of torture, but torture, as interpreted by
Rights of the Child. The U.S. endured the CIA's "torture
defined “child” as someone ▪ The failure to allow par-
merely repositioned it. the United States, to ex-
paradigm," developed at a
age 16 or younger. The U.S. ents to visit children. clude sensory deprivation
cost that reached $1 billion
last year told the UN’s Commit- and self-inflicted pain—
▪ The failure to allow chil- annually, according to histo-
tee on the Rights of the Child tioned it," restoring it to the the very techniques the CIA
dren to have legal counsel. rian Alfred McCoy in his book
(CRC) since 2002 it had de- American norm, a matter of had refined at such great cost."
▪ The failure to provide chil- A Question of Torture. He
tained 2,400 children in Iraq and shows how torture methods indifference to the victims. When Clinton sent the UN
100 in Afghanistan although other dren with speedy trials.
the CIA developed from the "[H]is is a return to the status Convention to Congress for
sources state the latter figure ▪ The failure to promptly quo ante," writes Nairn, "the ratification in 1994, he in-
1950s surfaced with little
was 800. (Irrespective of the inform children of the crimes torture regime of Ford through cluded the Reagan reserva-
change in the infamous photos
number, it is a war crime to against them. Clinton, which, year by year, tions. The president and Con-
at Iraq's Abu Ghraib prison.
detain any person indefinitely, ▪ The failure to allow wit- There is no hyperbole in the often produced more U.S.- gress therefore exempted the
which was the case here.) nesses to testify in behalf of title of Jennifer Harbury's backed strapped-down agony core of the CIA torture para-
Also, as of May, 2008, there children. penetrating study of the U.S. than was produced during the digm from the U.S. interpreta-
were 21 children incarcerated ▪ The failure to provide chil- torture record: Truth, Torture, Bush/Cheney years." tion of the Torture Conven-
in Guantanamo. The CRC has dren with social programs. and the American Way. So it is Not surprisingly, U.S. aid tion; and those reservations,
“upbraided the United States for highly misleading, to say the tends to correlate with a favor- McCoy observes, were
charging minors with war And although CRC Article
least, when investigators of the able climate for business op- "reproduced verbatim in do-
crimes instead of treating un- 31 requires that children have
Bush gang's descent into the erations, commonly improved mestic legislation enacted to
derage persons as victims of the right “to engage in play
global sewers lament, "in wag- by the murder of labor and give legal force to the UN
war,” Haas writes. and recreational activities ap-
ing the war against terrorism, peasant organizers and human Con ven tion . " Tha t is the
propriate to the age of the
Contrary to the CRC’s Arti- America had lost its way." rights activists and other such "political land mine" that
child,” Haas writes, “There is
cle 9, which states that a cap- actions, yielding a secondary "detonated with such phe-
no record of recreation for the None of this is to say that
tured child shall be allowed to correlation between aid and nomenal force" in the Abu
hundreds of children detained Bush-Cheney-Rumsfeld et al. did
“maintain personal relations egregious violation of human Ghraib scandal and in the
at Bagram or at Abu Ghraib.” not introduce important inno-
and direct contact with both rights. shameful Military Commis-
The CRC’s Article 37 re- vations. In ordinary American
parents on a regular basis,” sions Act that was passed with
quires that “No child shall be practice, torture was largely Adopting Bush's Positions
some children were not al- farmed out to subsidiaries, not (See CHOMSKY on page 10)
lowed to write or telephone subjected to torture or other An argument can be made
home for as long as five years. cruel, inhuman or degrading
treatment or punishment” yet father, whom they wanted to
And where CRC’s Article 13 at Abu Ghraib a girl of about confess. These and several
guarantees “The child shall 12 was stripped naked and hundred other war crimes are
have the right to freedom to… beaten, according to Iraqi jour- detailed in the new book.
seek, receive and impart infor- nalist Suhaib Badr-Addin al-
mation and ideas of all kinds, Baz, who heard her screams. Professor Haas has authored
regardless of frontiers, either He also witnessed a 15-year- or edited 33 books on govern-
orally, in writing or in print,” old boy forced to run up and ment and world politics and
Haas points out “Most chil- down the prison carrying two taught at the University of
dren were held incommuni- heavy cans of water who was London and Northwestern
cado at Guantanamo until beaten whenever he stopped. University. Reach him at
April, 2003” and that one On yet another occasion, au- mikehaas@aol.com.
c h ild , Mo h a mme d J a wa d thorities arrested the 16-year-
“remains in solitary confine- To contribute to the work of
o ld son o f Ira q i G e ne ra l Sherwood's Antiwar News Ser-
ment.” Jawad received prom- Hamid Zabar and tortured him
ises of books to study that vice, email him at
before presenting him to his sherwoodr1@yahoo.com.
War Crimes Times ● WarCrimesTimes.org NEWS & VIEWS Summer 2009 5

Obama’s Guantánamo Appeasement Plan 3) Those who cannot


be prosecuted yet
“pose a clear danger
by Marjorie Cohn
detainees are brought to the 1) Those who violated the to the American peo-
Two days after his inaugura- United States, they would laws of war will be tried in ple” will remain in
tion, President Obama pledged “acquire all kinds of legal military commissions. custody with no right
to close Guantánamo within rights.” Obama is also taking Obama's plan would back- to legal process of any
one year. The Republicans, led heat from the intelligence track on an early promise to kind.
by Senators John McCain, community. Those officials, shut down the military com- These are people who
Mitch McConnell and Pat like Cheney, seek to justify missions. Obama now claims have never been
Roberts, immediately launched what they did under the Bush that such commissions can be charged with a crime.
a concerted campaign to assail regime. fair because they will no Obama did not say why
t h e n e w p re s id e n t . T h e y And now even the Democ- longer permit the use of evi- they cannot be prose-
claimed his plan would release rats are piling on the band- dence obtained by cruel, inhu- cuted. Secretary of De-
dangerous terrorists into U.S. wagon. Reacting defensively man or degrading interrogation f e n se R o b e r t G a t e s
communities and allow re- to the Republican attack cam- methods. He fails to mention, claims as many as 100
leased terrorists to resume paign, the Senate voted 90 to 6 however, that the Pentagon is people may fall into this
fighting against our using “clean teams” to re- category. Included in
troops. Fox News agitator interrogate people who were this group are those
Sean Hannity and Bush team The overwhelming previously interrogated using who have “expressed
players like torture-memo majority of Guantánamo the prohibited methods. When their allegiance to
they once again give the same Osama bin Laden.” They will hijacker. Both were tried and
lawyer John Yoo filled the
airwa ves and print me - detainees taken in information, it miraculously suffer “prolonged detention.” convicted in U.S. courts and both
becomes untainted. Obama are serving life sentences.
dia with paranoia. Afghanistan and Pakistan Obama's plan for "prolonged
This is the only clearly accept-
The Republican attacks were in 2001 and 2002 were also fails to acknowledge that detention" is nothing more
those tried in the military com- than a newly-coined phrase for able part of Obama's plan. All
bogus. A 2008 McClatchy in-
innocent or were bit missions are forbidden from “preventive detention,” a pol- detainees slated to remain in
vestigation revealed that the
seeing all the evidence against icy that harks back to the bad custody should be placed into
overwhelming majority of
Guantánamo detainees taken
players with little them, a violation of the bed- old days of the Alien and Sedi- this category. The federal
rock principle that the accused courts provide due process as
into custody in 2001 and 2002 intelligence value. must have an opportunity to
tion Acts of 1798 and the in-
required by the Fifth Amend-
in Afghanistan and Pakistan ternment of people of Japanese
confront his accusers. extraction in the 1940’s. If ment to the Constitution,
were innocent of wrongdo-
to deny Obama funds to close Even the U.S. Supreme Obama succeeds in convincing which does not limit due proc-
ing or bit players with little
Guantánamo until he comes up Court has disagreed with this Congress to legalize ess rights to U.S. citizens: “No
intelligence value. A substan-
with a “plan” for relocating the part of Obama's proposed plan “prolonged detention,” the person . . . shall be deprived of
tial number of those prisoners
detainees there. “We spent of action. In Ex parte United States will continue to life, liberty, or property with-
were literally sold to U.S. offi-
cials in exchange for bounty hundreds of millions of dollars Milligan, the Supreme Court be a pariah state among jus- out due process of law.”
payments offered by the U.S. building an appropriate facility declared military trials of ci- tice-loving nations. The U.S. The federal courts
military. A Seton Hall Law with all security precautions vilians to be unconstitutional if are well suited to
Center report has debunked on Guantánamo to try these civil courts are available. Parts of Obama’s plan would deal with accused
cases,” said Democratic Sena-
Pentagon claims that many
released detainees have tor Jim Webb on ABC News.
Prisoners falling in this cate-
gory should be tried in the
threaten the very foundation terrorists. Indeed,
federal judges who
“returned to the fight.” And no “I do not believe they should of our legal system. have presided over
courts of the United States,
one has ever escaped from one be tried in the United States,” such cases say that
because the laws of war are
of the U.S. super-max prisons, he added. Congress, still rendered cata- the Classified Information Pro-
actually part of U.S. law. The
which house hundreds of peo- The pressure has caused Supremacy Clause of the Constitu- tonic by post-9/11 rhetoric, cedures Act can effectively
ple convicted of terrorist of- Obama to buckle. Timed to tion says that treaties shall be will probably capitulate along protect classified intelligence
fenses. coincide with a Cheney speech the supreme law of the land. with Obama. in federal court trials.
The Republicans have con- to the right-wing American The Geneva Conventions and Michael Ratner, president of If Mr. Obama proceeds with
tinued to oppose the effort to Enterprise Institute, Obama the Hague Convention, which the Center for Constitutional the plan he announced this
close Guantánamo. In an at- announced an appeasement the United States has ratified, Rights, noted that Obama’s week he will empower those
tempt to burnish his image and plan to deal with the 240 re- contain the laws of war. new system of preventive de- who point to U.S. hypocrisy
forestall war crimes charges, maining Guantánamo detain- tention will just “move on human rights as a justifica-
2) Those who have been
Dick Cheney now leads the ees. Parts of his plan would Guantánamo to a new location tion to do us harm. Obama’s
ordered released from
charge, making ubiquitous threaten the very foundation of and give it a new name.” capitulation to the intelligence
Guantánamo will remain in
attacks on Obama. Keeping our legal system – that no one gurus and the right-wing at-
custody. 4) Those who can be safely
Guantánamo open is should be held in custody if he has tack dogs will not only imperil
Seventeen Uighurs from transferred to other coun-
“important,” Cheney declares. committed no crime. These are the rule of law; it will actually
China were ordered released tries will be transferred.
He claims that closing Obama’s five categories for make us more vulnerable to
disposition of detainees once after they were found not to be Obama noted that 50 men
Guantánamo would endanger fall into this category. It is future acts of terrorism.
Guantánamo is closed: enemy combatants. But they
Americans, and warns that if continue to languish in cus- unclear what will happen to Marjorie Cohn is a professor at
tody because they would be them when they reach their Thomas Jefferson School of Law
imperiled if returned to China, destinations. and president of the National
which considers them enemies 5) Those who violated U.S. La wyers Gu ild . Sh e is th e
of the state. Suggestions that criminal laws will be tried in author of Cowboy Republic: Six
they be brought to the United W a ys t h e B u s h G a n g H a s
federal courts.
States have been met with Defied the War and co-author
Obama cited the examples of of the new book, Rules of Disen-
paranoid NIMBY (not in my
Ramzi Yousef, who tried to blow gagement: The Politics and
backyard!) protestations. So,
up the World Trade Center, and Honor of Military Dissent. Her
under Obama's plan they will
Zacarias Moussaoui, who was articles are archived at
remain incarcerated in a state
identified as the 20 t h 9/11 www.marjoriecohn.com.
of legal limbo.
War Crimes Times ● WarCrimesTimes.org NEWS & VIEWS Summer 2009 6

Gen. Taguba: Accountability for torture does not stop at


White House door between human rights advo- shipping protection and
cates and the nation's armed humanitarian aid, they are
by Andrew Kalloch forces. According to Taguba, obliged, Taguba stated, to
Major General Antonio Ta- the two groups "share a com- abide by this strict moral code.
guba called for an independent mon denominator based on Despite the horrors of combat,
commission to investigate war ethical considerations of de- Taguba stated unequivocally
crimes committed by senior mocratic principles." Human that troops "are not immune or
members of the exempt from criminal acts,
Bush Administra- bad behavior, or tragedy
tion in remarks in in their operations."
"...there is no longer any doubt as Just as troops are not
Ames Courtroom
on Tuesday, April to whether the [Bush] administra- immune from prosecu-
14. The event was tion has committed war crimes. tion—indeed, they must
sponsored by Phy- The only question that remains to be held accountable for
sicians for Human their actions—so must
Rights and the be answered is whether those who senior civilian officials be
Human Rights ordered the use of torture will be held accountable for poli-
Program at Har- cies that systematized and
held to account." legitimized torture and
vard Law School.
Taguba, who other abuses of power by
numbers of Ameri- the memos," Taguba insisted.
was pressured to rights advocates seek to ensure can deaths in Iraq. Rather, Yoo has only stated
resign by the Bush Admini- the preservation of democratic
stration in 2007 following the However, farthat he would have spent more
2004 leak of his report detail-
ideals and U.S. armed forces These failures have embold- from being held time on legal research had he
are trained to "provide services
ing abuses by U.S. armed in a manner that exemplifies
ened America's enemies accountable, senior known the memos would be-
administration of- come public.
forces in Abu Ghraib prison in America's ideals." Taguba leading to greater numbers ficials have quietly
Iraq, declared in the preface of Responding to those who
the 2008 Physicians for Hu-
added that the military’s mis- of American deaths in Iraq. ridden off into the oppose investigation and
sion is to protect America's sunset. Indeed,
man Rights publication value system and its way of prosecution of senior officials
"Broken Laws, Broken Lives," life, not simply to secure its in the Bush Ad-
that, "there is no longer any ministration
borders at all costs. U.S. troops in the War on
doubt as to whether the [Bush] whose "actions
administration has committed Taguba explained that the Terror, Taguba stated. If the Ultimately, investigation of were supposedly
war crimes. The only question Army's core values—honor, "torture memos" penned by the Bush Administration is made in good
that remains to be answered is integrity, courage, and selfless John Yoo, Alberto Gonzales, conscience in
service—are but one part of a and David Addington, among needed if "accountability is
whether those who ordered the effort to secure
use of torture will be held to broader set of moral founda- others, were catalysts for the not to be just a hollow term." national secu-
account." tions upon which the Army soldiers to engage in criminal rity," Taguba
operates. For example, Taguba acts, as Taguba surmised, answered,
While the Obama Admini- declared that the Army is re- these officials need to be held
stration has "reaffirmed its "What about those soldiers
quired to adhere to interna- accountable. after seventeen high level in- punished, court-martialed, and
commitment to valuing human tional laws, including all four vestigations, army soldiers
rights and international law" "Abu Ghraib emerged from a reduced in rank?"
Geneva conventions, as well structure developed by senior were singled out for punish-
by officially closing CIA black as the Uniform Code of Mili- ment despite presence of evi- Ultimately, investigation of
sites and the detention center at officials in the Bush White the Bush Administration is
tary Justice, and to demon- House and by those who dence regarding upper level
Guantanamo Bay, Taguba insisted strate "responsibility, account- officials' awareness and sup- needed if "accountability is not
that "there are a lot of stories thought it was necessary to to be just a hollow term," Ta-
ability, and discipline." blindly advance the Bush ad- port. "Over 200 soldiers and
that have yet to be told." officers were punished. Unfor- guba concluded, "In my opin-
Even when soldiers are not ministration's goals," the Gen- ion accountability is a condi-
In an effort to make those in combat, and are instead eral declared. "Abu Ghraib tunately no civilian officials or
stories known, Taguba has contractors have been pun- tion of employment. Govern-
serving the American public was not just happenstance. It ment leaders who chose to
been traveling the country and the many peoples of the was a morbid consequence of ished for their involvement,"
seeking to foster dialogue Taguba stated. accept high level positions of
world abroad via merchant a policy that emanated from influence ought to hold firm
the Office of Legal Counsel Taguba singled out John and be accountable."
and the Justice Department." Yoo, who, as a member of the
According to Taguba, these Office of Legal Counsel, co- Andrew L. Kalloch, Harvard
failures not only constitute war authored legal memoranda that Law School Class of 2009, is
crimes, but also have embold- produced, in Taguba's words, editor-in-chief of the Harvard
ened America's enemies "despicable torture and abuse." Law Record, where this article
abroad, leading to greater Yoo has not expressed remorse for first appeared.

A new administration and the same old war, and expansion of the war in
Afghanistan. We cannot afford these wars spiritually. They are wars of aggres-
sion, and they’re based on lies. We cannot afford these wars financially. They
add trillions to our national debt and destroy our domestic agenda. We cannot
afford the human cost of these wars, the loss of lives of our beloved troops
and the deaths of innocent civilians in Iraq, Afghanistan and Pakistan.
—Rep. Dennis Kucinich, speaking on the House floor, June 2009
War Crimes Times ● WarCrimesTimes.org NEWS & VIEWS Summer 2009 7

Hold Your Applause


by Chris Hedges The speech at Cairo Univer-
sity, which usually has trucks
Did they play Barack filled with riot police outside
Obama’s speech to the Muslim the university gates and a
world in the prison corridors heavy security presence on
of Abu Ghraib, Bagram air campus to control the student
base, Guantanamo or the doz- body, is an example of the
ens of secret sites where we facade. Student political
hold thousands of Muslims groups, as everyone who
around the world? Did it echo joined in the standing ovation
off the walls of the crowded for the president knew, are
morgues filled with the muti- prohibited. Faculty deans are
lated bodies of the Muslim chosen by the administration,
dead in Baghdad or Kabul? rather than elected by profes-
Was it broadcast from the tops sors, “as a way to combat
of minarets in the villages and Islamist influence on campus,”
towns decimated by U.S. iron according to the U.S. State
fragmentation bombs? Was it Department’s latest human
heard in the squalid refugee rights report. And, as the
camps of Gaza, where 1.5 mil- Washington Post pointed out,
lion Palestinians live in the students who use the Internet
world’s largest ghetto? “as an outlet for their political
What do words of peace and or social views are on notice:
cooperation mean from us One Cairo University student deprivation and force-feeding, Muslim nations, make possible interested not in our protesta-
when we torture—yes, we still blogger was jailed for two continues to be used to break the illegal Israeli occupation of tions of good will but in the
torture—only detainees. The president has Palestine, support repressive elemental right of justice and
Muslims? promised to close Guan- Arab regimes and torture thou- freedom from foreign occupa-
What do these tanamo, where only 1 percent sands of Muslims in offshore tion. We would react, should
words mean the situation be reversed, no differ-
when we
We may thrill to Obama’s of the prisoners held offshore
by the United States are kept.
penal colonies where prisoners
are stripped of their rights. We ently.
sanction Is- rhetoric, but very few of And the Obama administration now have 22 times as many The brutal reality of expand-
rael’s brutal has sought to obscure the fate military personnel in the Mus- ing foreign occupation and
air assaults on the 1.3 billion Muslims in and condition of thousands of lim world as were deployed harsher and harsher forms of
Lebanon and Muslims held in black holes during the crusades in the 12th control are the tinder of Is-
Gaza, assaults the world are as deluded. around the globe. As Mitchell century. The rage comes be- lamic fundamentalism, insur-
that demol- notes, the Obama White House cause we have constructed gences and terrorism. We can
ished thou- “has sought to prevent detain- massive military bases, some blame the violence on a clash
sands of ees at Bagram prison in Af- the size of small cities, in Iraq, of civilizations. We can na-
homes and left hundreds dead months last summer for ghanistan from gaining access Afghanistan, Saudi Arabia, ively tell ourselves we are en-
and injured? How does it look ‘public agitation,’ and another to courts where they may Turkey and Kuwait, and estab- vied for our freedoms. We can
for Obama to call for democ- was kicked out of university point to the Koran. But these
racy and human rights from housing for criticizing the gov- are fantasies that divert us
Egypt, where we lavishly fund ernment.” from facing the central dispute
and support the despotic re- The expanding imperial pro- The Bush White House openly between us and the Muslim
gime of Hosni Mubarak, one jects and tightening screws of world, from facing our own
of the longest-reigning dicta- repression lurch forward under tortured. The Obama White House responsibility for the virus of
tors in the Middle East? Obama. We are not trying to chaos and violence spreading
We may thrill to Obama’s end terror or promote democ-
tortures and pretends not to. throughout the Middle East.
rhetoric, but very few of the racy. We are ensuring that our We can have peace when we
1.3 billion Muslims in the corporate state has a steady shut down our bases, stay the
world are as deluded. They supply of the cheap oil to hand of the Israelis to create a
grasp that nothing so far has which it is addicted. And the reveal the circumstances of lished basing rights in the Gulf Palestinian state, and go home,
changed for Muslims in the scarcer oil becomes, the more their imprisonment. It has states of Bahrain, Qatar, Oman or we can have long, costly
Middle East under the Obama aggressive we become. This is sought to continue the practice and the United Arab Emirates. and ultimately futile regional
administration. The wars of the game playing out in the of rendering prisoners to un- The rage comes because we war. We cannot have both.
occupation go on or have been Muslim world. known and unknowable loca- have expanded our military Obama, whose embrace of
expanded. Israel continues to The Bush White House tions outside the United States, empire into neighboring Uz- American imperialism is as
flout international law, gob- openly tortured. The Obama and sought to keep secret bekistan, Pakistan, Kyrgyzstan naive and destructive as that of
bling up more Palestinian land White House tortures and pre- many (though not all) of the and Tajikistan. It comes be- George W. Bush, is the newest
and carrying out egregious war tends not to. Obama may have records regarding our treat- cause we station troops and brand used to peddle the poi-
crimes in Gaza. Calcified, re- banned waterboarding, but as ment of those detainees.” special forces in Egypt, Alge- son of permanent war. We
pressive regimes in countries Luke Mitchell points out in Muslim rage is stoked be- ria and Yemen. And this vast may not see it. But those who
such as Egypt and Saudi Ara- the July issue of Harper’s cause we station tens of thou- network of bases and military bury the dead do.
bia are feted in Washington as magazine, torture, including sands of American troops on outposts looks suspiciously
permanent. Chris Hedges is a senior fellow
allies. isolation, sleep and sensory Muslim soil, occupy two at The Nation Institute and a
The Muslim world fears, Lecturer in the Council of the
correctly, that we intend to Humanities and the Anschutz
Peace cannot be kept by force. It can only be achieved by understanding. dominate Middle East oil sup- Distinguished Fellow at Prince-
plies and any Caspian Sea oil ton University. This article first
—Albert Einstein infrastructure. And it is appeared at Truthdig.com.
War Crimes Times ● WarCrimesTimes.org SPECIAL FEATURE Summer 2009 8

Words Must Mean Something


A Veteran For Peace
Writes President Obama
by Grant E. Remington

"Rules must be binding. Violations must be punished. Words must mean something."

These were the words of President Obama as delivered in Prague on April 5th. The
context was in relation to the Nuclear Non-Proliferation Treaty and the need to re-
duce the number of nuclear weapons and the dangers of the spread of nuclear weap-
ons. But in a larger context they must apply to all laws and treaties.

Mr. President, "Words must mean people a plethora of lies that led us ments is multiplied; and all the court-martialed and sentenced to 10
something." down the road of ruin. There is no need means of seducing the minds are years of hard labor for water boarding
to list them all because they are well added to those of subduing the an insurgent in the Philippines. 1947,
On January 20th, you spoke these
known and documented. Unfortunately force of the people. The same the U.S. charged a Japanese officer,
words; "I do solemnly swear that I will
for the American people, the lies of the malignant aspect in republican- Yukio Asano, with war crimes for wa-
faithfully execute the Office of Presi-
Bush administration were aided and ism may be traced in the ine- terboarding a U.S. civilian. Asano was
dent of the United States, and will to
abetted by media and the glorious wor- quality of fortunes, and the op- sentenced to 15 years of hard labor. In
the best of my ability, preserve, protect,
ship of war that permeates our society. portunities of fraud, growing out 1968 a photo appeared in the Washing-
and defend the Constitution of the
of a state of war, and in the de- ton Post of U.S. soldier waterboarding
United States." War, the false god worshipped by
generacy of manners and morals a North Vietnamese soldier. The Army
When I enlisted in the U.S. Army in warmongers and poll watchers; the court-martialed the soldier within one
engendered by both. No nation
1967, I took a similar oath to "... sup- false god worshipped by the media month after the picture appeared. Wa-
could preserve its freedom in the
port and defend the Constitution of the whores who wish to be bathed in its terboarding is a war crime. History and
midst of continual warfare.
United States against all enemies, for- reflected glow; the false god wor- the law have proven it. If we can court-
eign and domestic; that I will bear true shipped by those who have never seen, "...and in the degeneracy of man- martial an Army major and a lowly
faith and allegiance to the same..." heard, smelled, or touched the obscen- ners and morals..." grunt and convict a Japanese officer for
Those obligations lead me to the war in ity of the violence they glorify. These waterboarding, why is it that the offi-
These wars have reduced us to the
Vietnam. wars we were lied into are covered cials of the Bush administration have
level of the brutality practiced by des-
with the stench of malfeasance, hubris, not been investigated and charged?
Unfortunately for me I actually be- pots and dictators throughout the
greed, incompetence, and dishonor. As
lieved our leaders at the time. I was ages—brutality we have condemned Article VI of the Constitution in-
James Madison wrote in 1795:
ignorant of the facts of the history of and outlawed in international treaties structs us that:
that nation and our support of Ho Chi Of all the enemies to public lib- we helped draft and signed. The brutal-
erty war is, perhaps, the most to ity of torture. The evidence that the This Constitution, and the Laws of
Minh during WWII and our subsequent
be dreaded because it comprises United States of America has engaged the United States which shall be made
abandonment of the ideals of self-
and develops the germ of every in torture is overwhelming. I know it, in Pursuance thereof; and all
determination and the cancellation of
other. War is the parent of ar- you know it, and the world knows it. Treaties made, or which shall be
the elections of 1956. The Gulf of
mies; from these proceed debts The recent release of the report by the made, under the Authority of
Tonkin Resolution was just another in
and taxes. And armies, and International Committee of the Red the United States, shall be the
a long list of deceptions and lies the
debts, and taxes are the known Cross on the torture of prisoners held supreme Law of the Land; and
government fed us to justify our in-
instruments for bringing the by the CIA has documented the treat- the Judges in every State shall be
volvement in that war. I can at least
many under the domination of ment of the CIA’s 14 high value de- bound thereby, any Thing in the
look back with pride that one of the
the few. In war, too, the discre- tainees and concluded that it was tor- Constitution or Laws of any State
two Senators who voted against that
tionary power of the Executive ture. to the Contrary notwithstanding.
resolution was my own Senator Wayne
Morse. There was a man! [Branch of Government] is ex- The Supreme Court has ruled that
Torture does not produce actionable
tended. Its influence in dealing treaties are indeed the "Supreme Law
Since September 12th, 2001, the intelligence. Every professional inter-
out offices, honors, and emolu- of the Land." We cannot pick and
Bush administration fed the American rogator knows this. It is only the igno-
rant, vengeful sadists who populated choose which laws to enforce when
the last administration who believe they are defined by the Constitution
Grant E. Remington is president of Veter- and not just laws passed by legislation.
torture is a viable source of informa-
ans For Peace Chapter 72. He served in Laws passed by legislation are subject
the U.S. Army 1967-70 (Vietnam service tion. The television series "24" is not
the manual for interrogators. Proper to review by the Supreme Court as they
1968-69, 334th AHC. Bien Hoa RVN) and should be, because so many of them
is a director of the Peace Memorial Park interrogation has rules and laws that
have been proven to get results. Hiding are passed for political purposes and
Foundation of Portland,Oregon. When should never have passed through com-
not engaged in his duties as president behind euphemisms like "enhanced
interrogation techniques," only shows mittee. Treaties, once ratified and
of VFP 72, Grant plays guitar with his
that the participants in these crimes signed by the President, are binding.
band, Loose Change, and
helps maintain the Peace Memorial Park knew torture was a crime. They are by definition constitutional.
(www.peacememorialpark.org ). (Continued on next page )
In 1901, a U.S. Army major was
War Crimes Times ● WarCrimesTimes.org SPECIAL FEATURE Summer 2009 9

This brings to mind Article 4 of the


Convention Against Torture and Other
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Cruel, Inhuman or Degrading PART I
Treatment or Punishment which states:
Each State Party shall ensure that Article 1 any other public emergency, may be invoked as a justification
all acts of torture are offences 1. For the purposes of this Convention, the term "torture" of torture.
under its criminal law. The same means any act by which severe pain or suffering, whether 3. An order from a superior officer or a public authority
shall apply to an attempt to com- physical or mental, is intentionally inflicted on a person for may not be invoked as a justification of torture.
mit torture and to an act by any such purposes as obtaining from him or a third person informa-
person which constitutes complic- tion or a confession, punishing him for an act he or a third per- Article 3
ity or participation in torture. son has committed or is suspected of having committed, or in- 1. No State Party shall expel, return ("refouler") or extradite
Each State Party shall make these timidating or coercing him or a third person, or for any reason a person to another State where there are substantial grounds for
offences punishable by appropri- based on discrimination of any kind, when such pain or suffer- believing that he would be in danger of being subjected to tor-
ate penalties which take into ac- ing is inflicted by or at the instigation of or with the consent or ture.
count their grave nature. acquiescence of a public official or other person acting in an
2. For the purpose of determining whether there are such
official capacity. It does not include pain or suffering arising
Furthermore, the War Crimes Act grounds, the competent authorities shall take into account all
only from, inherent in or incidental to lawful sanctions.
(118 U.S.C. § 2441) lists as a violation relevant considerations including, where applicable, the exis-
and thus a "war crime": 2. This article is without prejudice to any international in- tence in the State concerned of a consistent pattern of gross,
strument or national legislation which does or may contain pro- flagrant or mass violations of human rights.
Torture—The act of a person who
visions of wider application.
commits, or conspires or attempts Article 4
to commit, an act specifically in- Article 2 1. Each State Party shall ensure that all acts of torture are
tended to inflict severe physical or 1. Each State Party shall take effective legislative, adminis- offences under its criminal law. The same shall apply to an at-
mental pain or suffering (other trative, judicial or other measures to prevent acts of torture in tempt to commit torture and to an act by any person which con-
than pain or suffering incidental any territory under its jurisdiction. stitutes complicity or participation in torture.
to lawful sanctions) upon another
person within his custody or 2. No exceptional circumstances whatsoever, whether a 2. Each State Party shall make these offences punishable by
physical control for the purpose of state of war or a threat of war, internal political instability or appropriate penalties which take into account their grave nature.
obtaining information or a confes-
sion, punishment, intimidation,
coercion, or any reason based on On October 4th, 2007 you stated: time to tell the world that America re- You have a duty to stand up and up-
jects torture without exception or hold your oath of office and your
discrimination of any kind. "The secret authorization of brutal
equivocation. It's time to stop telling words. You must hold the ex-President
War crimes have been committed interrogations is an outrageous betrayal
the American people one thing in pub- and other members of his administra-
according to The War Crimes Act. For- of our core values, and a grave danger
lic while doing something else in the tion responsible for the violation of
mer Vice President Richard Cheney to our security. We must do whatever it
shadows. No more secret authorization their oath of office, violations of trea-
has admitted on national television that takes to track down and capture or kill
of methods like simulated drowning. ties and the War Crimes Act. To do
he "...was aware of the program, cer- terrorists, but torture is not a part of the
When I am president America will otherwise, you will have failed in your
tainly, and involved in helping get the answer—it is a fundamental part of the
once again be the country that stands duty as an elected representative of the
process cleared." When asked if water- problem with this administration's ap-
up to these deplorable tactics. When I people of the United States. You are
boarding was appropriate, he stated, "I proach. Torture is how you create ene-
am president we won't work in se- honor bound by your oath.
do." Waterboarding is torture, no if’s, mies, not how you defeat them. Torture
cret to avoid honoring our laws and
is how you get bad information, not "Rules must be binding. Violations
and’s, or but’s. Constitution, we will be straight with
good intelligence. Torture is how you must be punished. Words must mean
the American people and true to our
set back America's standing in the something."
values."
world, not how you strengthen it. It's

It's time to tell the world that


America rejects torture without
exception or equivocation. It's time
to stop telling the American people
one thing in public while doing
something else in the shadows.
—President Barack Obama

I was aware of the program, certainly, and


involved in helping get the process cleared...
—Former Vice-president Richard B. Cheney

He who is not angry when there is just cause for anger is immoral. Why? Because anger
looks to the good of justice. And if you can live amid injustice without anger, you are
immoral as well as unjust.
—Aquinas
War Crimes Times ● WarCrimesTimes.org NEWS & VIEWS Summer 2009 10

Chomsky "squarely to the Right of an


extremely conservative, pro- Dear President Obama, We are writing to you
(Continued from page 4) executive-power, Bush-
bipartisan support in 2006. appointed judge on issues of
executive power and due-
as military service veterans within the military and the
Department of Veterans Af-
Bush, of course, went
process-less detentions," in
to urge that you release to torture and abuse of enemy fairs so that service members
beyond his predecessors in all of the new photos depicting prisoners of war (formerly and and veterans impacted by
authorizing prima facie viola- radical violation of Obama's improperly called "enemy
campaign promises and earlier torture and abuse inside U.S. these pictures can receive
tions of international law, and prisons operated in Iraq, Af- combatants" and "terrorists" prompt and high-quality care.
several of his extremist inno- stands. by the prior administration).
ghanistan, Cuba, and other Finally, Mr. President, the
vations were struck down by The case of Rasul v. Rums- We also implore you to con-
locations. torture photos and documents
the Courts. While Obama, like feld appears to be following a sider the interests of the people
similar trajectory. The plain- We appreciate the fact the are already being leaked. It
Bush, eloquently affirms our
tiffs charged that Rumsfeld pictures are es- makes much more sense to
unwavering commitment to
and other high officials were pecially inflam- release the photos promptly.
international law, he seems
responsible for their torture in matory, as were Americans can handle the
intent on substantially reinstat-
the previously
Keeping the pictures secret truth when the government
ing the extremist Bush meas- Guantanamo, where they were
ures. In the important case of sent after being captured by released photos will only bolster suspicions levels with us. You promised
Uzbeki warlord Rashid Dos- that have been that the American government us transparency, and we expect
Boumediene v. Bush in June
tum. The plaintiffs claimed used as recruit- you to deliver. Knowing the
2008, the Supreme Court re-
ing tools by peo-
is trying to suppress evidence truth and demanding justice
jected as unconstitutional the that they had traveled to Af-
Bush administration claim that ghanistan to offer humanitar- ple and organiza- of more widespread abuse. for the perpetrators of tor-
ian relief. Dostum, a notorious tions who would ture—from the top down—is
prisoners in Guantanamo are
not entitled to the right of thug, was then a leader of the harm our people
habeas corpus. Northern Alliance, the Afghan and our service members.
in other nations sub-
faction supported by Russia, However, Iraqis themselves,
Salon.com columnist Glenn
Iran, India, Turkey, and the as indicated in the following
jected to torture, abuse, It is imperative that the
Greenwald reviews the after- and more than six years
math. Seeking to "preserve the Central Asian states, and the quote in a McClatchy News of war—the very condi-
people of our nation look
power to abduct people from U.S. as it attacked Afghanistan article from May 15, 2009, tions that cause people squarely into the heart of
in October 2001. Dostum understand that it is the mis-
around the world" and im-
turned them over to U.S. cus- guided U.S. foreign policy of
to resist the U.S. occu- darkness to know what
prison them without due proc- pation.
ess, the Bush administration tody, allegedly for bounty starting pre-emptive and uni- was done in our name.
money. The Bush administra- lateral wars based in mislead- The people of Iraq
decided to ship them to the and Afghanistan need
U.S. prison at Bagram Air tion sought to have the case ing information, and then oc-
dismissed. Recently, Obama's cupying other nations is what assistance to rebuild
Base in Afghanistan, treating their countries. The civilians the best way to make sure this
" th e B o u me d ie n e ru l in g , Department of Justice filed a will continue to cause more
brief supporting the Bush posi- violent attacks upon our ser- have seen their loved ones behavior is not repeated again.
grounded in our most basic literally torn to pieces by
tion that government officials vice members. It is imperative that the peo-
constitutional guarantees, as bombs and burned in explo-
are not liable for torture and "Harith al Obaidi, the head of ple of our nation look squarely
though it was some sort of a sions. More than half the
other violations of due proc- the largest Sunni Muslim bloc into the heart of darkness to
silly game—fly your abducted wounded are children who will
ess, on the grounds that the in Iraq's parliament and the know what was done in our
prisoners to Guantanamo and they live the rest of their lives with
Courts had not yet clearly es- deputy chairman of the Com- name under orders from the
have constitutional rights, but fly injuries, amputations and pain.
tablished the rights that prison- mittee on Human Rights, stated prior administration. It is im-
them instead to Bagram and you Virtually every family in Iraq
ers enjoy. 'The people who want to ex- possible to be the country we
can disappear them forever has had someone killed or
It is also reported that the press their opinions through claim to be if we do not face
with no judicial process." wounded in this war. People in
Obama administration intends violence are already trying their this controversy head on and
Obama adopted the Bush every city and village have reveal our mistakes. The re-
position, "filing a brief in fed- to revive military commis- best to do so,' Obaidi said. listened to first-hand accounts
sions, one of the more severe 'Showing them a few pictures lease of all the photos and
eral court that, in two sen- of the terrible conditions in the documents are essential to this
tences, declared that it em- violations of the rule of law wouldn't make them any more prisons run by our military. process of learning the facts
braced the most extremist during the Bush years. There able to do it.' Keeping the pic-
is a reason, according to Wil- tures secret will only bolster In addition to the extraordi- and healing a deeply troubled
Bush theory on this issue," narily high dangers related to nation. All of the relevant in-
arguing that prisoners flown to liam Glaberson of the New suspicions that the American
York Times: "Officials who government is trying to sup- combat, our service members formation should also be given
Bagram from anywhere in the face unimaginable psychologi- immediately to a special
world (in the case in question, work on the Guantanamo issue press evidence of more wide-
say administration lawyers cal traumas due to the Iraq and prosecutor to investigate and
Yemenis and Tunisians cap- spread abuse, he said."
have become concerned that Afghanistan wars. Therefore, hold accountable those who
tured in Thailand and the Mr. President, we veterans we urge you to prepare for the would order torture, abuse,
United Arab Emirates) "can be they would face significant call upon you to release the
obstacles to trying some ter- mental and emotional effects and rendition—all of which
imprisoned indefinitely with pictures and documents related of anxiety, depression, and are very serious war crimes.
no rights of any kind—as long rorism suspects in federal
courts. post traumatic stress disorder We want to work with you in
as they are kept in Bagram among our service members
Judges might make it diffi- the best interests of service
rather than Guantanamo." who witnessed or participated
cult to prosecute detainees members, our veterans, and
In March, however, a Bush- in torture and abuse of prison- our foreign policy. We await
appointed federal judge who were subjected to brutal ers under orders of the previ-
treatment or for prosecutors to your reply.
"rejected the Bush/Obama po- ous administration. We ask
sition and held that the ration- use hearsay evidence gathered you to increase the number of
by intelligence agencies." A Most Sincerely,
ale of Boumediene applies mental healthcare workers
serious flaw in the criminal Iraq Veterans Against the War
every bit as much to Bagram
justice system, it appears. Veterans For Peace
as it does to Guantanamo."
The Obama administration Creating Terrorists Veterans for Common Sense
announced that it would ap- There is still much debate
peal the ruling, thus placing about whether torture has been
Obama's Department of Jus- effective in eliciting informa-
tice, Greenwald concludes,
(See CHOMKSY on page 11)
War Crimes Times ● WarCrimesTimes.org NEWS & VIEWS Summer 2009 11

much as a reasonable person far worse than September 11, probably close to a universal
Chomsky contempt for the Bush admini-
stration's harsh interrogation would expect. 2001. And it happened in Sal- habit among imperial powers.
(Continued from page 10) methods: "The use of torture Unexceptional Americans vador Allende's Chile in what France was hailing its
tion—the assumption being, by the U.S.," he believes, not Latin Americans often call "civilizing mission" in its
Another standard pretext for
apparently, that if it is effec- only elicits no useful informa- "the first 9/11" in 1973. (The colonies, while the French
torture is the context: the "war
tive, then it may be justified. tion but "has proved so numbers above were changed Minister of War called for
on terror" that Bush declared
By the same argument, when counter-productive that it may to per-capita U.S. equivalents, "exterminating the indigenous
after 9/11. A crime that ren-
Nicaragua captured U.S. pilot have led to the death of as a realistic way of measuring population" of Algeria. Brit-
dered traditional international
Eugene Hasenfuss in 1986, after many U.S. soldiers as civilians crimes.) Responsibility for the ain's nobility was a "novelty in
law "quaint" and "obsolete"—
shooting down his plane deliver- killed in 9/11." From hundreds military coup against Allende the world," John Stuart Mill
so George W. Bush was ad-
ing aid to U.S.-supported Con- of interrogations, Alexander can be traced straight back to declared, while urging that this
vised by his legal counsel
tra forces, they should not discovered that foreign fight- Washington. Accordingly, the angelic power delay no longer
Alberto Gonzales, later ap-
have tried him, found him ers came to Iraq in reaction to otherwise quite appropriate in completing its liberation of
pointed Attorney General. The
guilty, and then sent him back the abuses at Guantanamo and analogy is out of conscious- India. Similarly, there is no
doctrine has been widely reit-
to the U.S., as they did. In- Abu Ghraib, and that they and ness here in the U.S., while the reason to doubt the sincerity of
erated in one form or another
stead, they should have ap- their domestic allies turned to facts are consigned to the Japanese militarists in the
in commentary and analysis.
plied the CIA torture paradigm suicide bombing and other "abuse of reality" that the 1930s, who were bringing an
The 9/11 attack was doubt- naive call "history." "earthly paradise" to China
to try to extract information terrorist acts for the same rea- less unique in many respects. under benign Japanese tute-
about other terrorist atrocities sons. It should also be recalled that
One is where the guns were lage, as they carried out the
being planned and imple- Bush did not declare the "war
pointing: typically it rape of Nanking and their
mented in Washington, no on terror," he re-declared it.
is in the opposite "burn all, loot all, kill all"
small matter for a tiny, impov- Twenty years earlier, President
erished country under terrorist Reagan's ad- campaigns in rural North
attack by the global super- The use of torture by the ministration China.
power. U.S. has proved so came into office History is replete with simi-
By the same standards, if the declaring that a lar glorious episodes.
Nicaraguans had been able to
counter-productive that it centerpiece of its As long as such
capture the chief terrorism may have led to the death foreign policy "exceptionalist" theses remain
coordinator, John Negroponte, of as many U.S. soldiers would be a war firmly implanted, however, the
then U.S. ambassador in Hon- on terror, "the occasional revelations of the
as civilians killed in 9/11. plague of the
duras (later appointed as the "abuse of history" often back-
first Director of National Intel- modern age" and fire, serving only to efface
ligence, essentially counterter- "a return to bar- terrible crimes. The My Lai
rorism czar, without eliciting a b a r is m in o u r massacre was a mere footnote
murmur), they should have time"—to sam- to the vastly greater atrocities
done the same. Cuba would ple the fevered of the post-Tet pacification
have been justified in acting rhetoric of the programs, ignored while indig-
similarly, had the Castro gov- day. nation in this country was
ernment been able to lay hands That first U.S. largely focused on this single
on the Kennedy brothers. war on terror has crime.
There is no need to bring up also been deleted Watergate was doubtless
what their victims should have from historical criminal, but the furor over it
done to Henry Kissinger, consciousness, displaced incomparably worse
Ronald Reagan, and other because the out- crimes at home and abroad,
leading terrorist commanders, There is also mounting evi- direction. In fact, it was the come cannot readily be incor- including the FBI-organized
whose exploits leave al-Qaeda dence that the torture methods first attack of any consequence porated into the canon: hun- assassination of black organ-
in the dust, and who doubtless Dick Cheney and Donald on the national territory of the dreds of thousands slaughtered izer Fred Hampton as part of
had ample information that Rumsfeld encouraged created United States since the British in the ruined countries of Cen- the infamous COINTELPRO
could have prevented further terrorists. One carefully stud- burned down Washington in tral America and many more repression, or the bombing of
"ticking bomb" attacks. ied case is that of Abdallah al- 1814. elsewhere, among them an Cambodia, to mention just two
Such considerations never Ajmi, who was locked up in estimated 1.5 million dead in egregious examples. Torture is
Another unique feature was
seem to arise in public discus- Guantanamo on the charge of the terrorist wars sponsored in hideous enough; the invasion
the scale of terror perpetrated
sion. There is, to be sure, a "engaging in two or three fire neighboring countries b y of Iraq was a far worse crime.
by a non-state actor.
response: our terrorism, even fights with the Northern Alli- Reagan's favored ally, apart- Quite commonly, selective
ance." He ended up in Af- Horrifying as it was, how- heid South Africa, which had
if surely terrorism, is benign, atrocities have this function.
ghanistan after having failed to ever, it could have been worse. to defend itself from Nelson
deriving as it does from the Historical amnesia is a dan-
r e a c h C h e c h n ya t o f ig h t Suppose that the perpetrators Mandela's African National
city on the hill. Perhaps culpa- gerous phenomenon, not only
against the Russians. had bombed the White House, Congress (ANC), one of the
bility would be greater, by because it undermines moral
killed the president, and estab- world's "more notorious terror-
prevailing moral standards, if After four years of brutal and intellectual integrity, but
lished a vicious military dicta- ist groups," as Washington
it were discovered that Bush treatment in Guantanamo, he also because it lays the
torship that killed 50,000 to determined in 1988. In fair-
administration torture had cost was returned to Kuwait. He groundwork for crimes that
100,000 people and tortured ness, it should be added that,
American lives. That is, in later found his way to Iraq still lie ahead.
700,000, set up a huge interna- 20 years later, Congress voted
fact, the conclusion drawn by and, in March 2008, drove a tional terror center that carried to remove the ANC from the © 2009 Noam Chomsky
Major Matthew Alexander [a bomb-laden truck into an Iraqi out assassinations and helped list of terrorist organizations,
pseudonym], one of the most military compound, killing Noam Chomsky is Institute Pro-
impose comparable military so that Mandela is now, at last,
seasoned U.S. interrogators in himself and 13 soldiers—"the fessor (retired) at MIT. He is the
dictatorships elsewhere, and able to enter the U.S. without author of many books and arti-
Iraq, who elicited "the infor- single most heinous act of vio- implemented economic doc- obtaining a waiver from the cles on international affairs and
mation that led to the U.S. lence committed by a former trines that so radically disman- government. social-political issues, and a
military being able to locate Guantanamo detainee," ac- tled the economy that the state long-time participant in activist
Abu Musab al-Zarqawi, the head cording to the Washington The reigning doctrine of the
had to virtually take it over a movements.
of al-Qa'ida in Iraq," correspon- Post, and according to his law- country is sometimes called
few years later. Adapted from an article
dent Patrick Cockburn reports. yer, the direct result of his "American exceptionalism." It
abusive imprisonment. All That would indeed have been is nothing of the sort. It is originally published by
Alexander expresses only
TomDispatch.com.
War Crimes Times ● WarCrimesTimes.org PERSPECTIVES Summer 2009 12
machine. Preparing and main-
C r i m e s A g ai n s t T h e E a r t h From Protocol 1 to the Geneva Conventions
taining troops and weaponry
causes a panoply of destruc-
by Kim Carlyle attributed to the dioxins Article 35 — Basic rules
tion including bomb tests
found in the chemical. 1. In any armed conflict, the right of the Parties to the conflict to
Protocol 1 to the Geneva (nuclear and otherwise), dis-
And consider oil. During choose methods or means of warfare is not unlimited.
Conventions, adopted in June posal of chemical weapons
the Gulf War of 1991, more 2. It is prohibited to employ weapons, projectiles and material and
of 1977, specifies that “attacks and nuclear waste, and lethal
than 600 oil wells in Kuwait methods of warfare of a nature to cause superfluous injury or
against” and “widespread, (to whales and dolphins) so-
were set ablaze by retreating unnecessary suffering.
long-term, and severe damage nar experiments. It seems we
Iraqi troops. The cloud of 3. It is prohibited to employ methods or means of warfare which
to the natural environment” are blowing up and despoil-
toxic smoke blocked the sun are intended, or may be expected, to cause widespread, long-term
are war crimes—crimes ing the world to make it safer.
and poisoned the atmosphere, and severe damage to the natural environment.
against the Earth. The military assault on the
releasing almost a half-billion
For millennia, war crimes planet will end only when the
tons of climate-warming car- Article 55 — Protection of the natural environment
against the Earth consisted prohibitions of Protocol 1 are
bon dioxide. Numerous oil 1. Care shall be taken in warfare to protect the natural environment
mainly of burning crops and enforced. But recent history
spills, in the Gulf (4 million against widespread, long-term and severe damage. This protection
salting fields. But human in- indicates that prosecution of
barrels) and in the desert (60 includes a prohibition of the use of methods or means of warfare
genuity combined with ad- war crimes is easier said than
million barrels), killed birds which are intended or may be expected to cause such damage to the
vances in technology has de- done. Besides, although 167
by the thousands and perco- natural environment and thereby to prejudice the health or survival
veloped Earth-hostile devices nations have ratified Protocol
lated into the ground water, of the population.
and substances that quickly 1, The United States is not
devastating fisheries and live- 2. Attacks against the natural environment by way of reprisals are
and efficiently turn lush for- among them.
stock. And speaking of oil prohibited.
ests, marine ecosystems, and Wounds from war crimes
spills, hundreds of tankers
productive farmlands into heal slowly. The enmity
and warships sunk during Uranium (DU). Because of its defects, childhood leukemia,
dangerous, barren, waste aroused by torture will last
various wars rest on the extreme density, shells made and other cancers. While
areas. Some of this devasta- for generations. But the dam-
ocean floor silently and con- of DU are very effective at DU’s effects on health have
tion is merely a byproduct— age from crimes against the
tinuously leaking oil. Many penetrating targets. On explo- not been proven, any sub-
”collateral damage”—of actions Earth will persist long after
have been polluting the water sion, they release uranium stance that remains radioac- the final armistice.
oxide into the air. tive for four and a half billion
We are blowing up and despoiling the world to make it safer. When inhaled, this years is
toxic substance re- probably not
simply intended to mangle since before most of us were mains in the body, where it so good for
human bodies or obliterate born. releases radiation for the re- the environ-
buildings, equipment, and Land mines placed in farm mainder of the human's or ment.
infrastructure, but some is lands render the area unsuit- animal's life. In Iraq, depleted Even during
scorched Earth by design. able for growing crops, obvi- uranium residue is blamed for peacetime,
Consider Agent Orange. In ously. But forced to develop increases in stillbirths, birth Mother Nature
Vietnam, the damage to eco- new land for agriculture, is ravaged
logical systems is still evident the farmers often cut by the war
after four decades. More than down the forests, com-
10 percent of the country was pounding the environ-
sprayed with more than 20 mental loss. One hun- Clockwise
million gallons of the envi- dred million land mines from right:
ronmentally-persistent, highly remain in place after the Vietnam,
toxic herbicide. High concen- numerous regional con- Iraq,
trations of this defoliant still flicts of the last century. WWI,
exist and have wreaked havoc The Red Cross estimates WWII
on complex ecosystems, en- that between 1,000 and
dangering wildlife and de- 2,000 people are killed
stroying half of the country's or maimed by these de-
mangrove forests. Horrible vices every month. Most
birth defects have also been detonations occur in
peacetime, and most
victims are civilians,
Fuelish Military? with children being the
At a time when humanity most vulnerable.
should be addressing the A recent innovation in
global climate crisis, our mili- the technology of de-
tary is burning fossil fuels like struction is Depleted
there is no tomorrow—as if in
a conscious effort to insure
that outcome. The U.S. mili-
tary is the single biggest user
of petroleum and much of the
usage is of dubious value or
just plain wasteful. Fuel con-
sumption for an Abrams tank
is measured in gallons per
mile; an F-16 burns about 800
gallons per hour. In 2006, the
Air Force consumed 2.6 bil-
lion gallons of fuel, an
amount equal to the fuel used
by all U.S. airplanes in World
War II.
War Crimes Times ● WarCrimesTimes.org PERSPECTIVES Summer 2009 13

Torture is not just illegal and ineffective,


I t ’ s a S in Torture is sin.
Chris Hedges in his “War is
Bauer saving the
day.
by Coleen Rowley
Sin” essay explains that wars But real people,
“turn the moral order upside especially those
Considering torture from a
down”; they are “about bar- steeped in Ameri-
theological perspective is a
barity, perversion and pain.” can exceptional-
challenge because so many
The same applies in spades to ism, are always
churches, mosques, and syna-
torture. In addition to the tempted to play
gogues have grown silent
physical cruelty, torture often God. Lofty, con-
about the obvious moral fail-
involves the sin of arrogance. cocted rationales
ures inherent in our recent,
Activist and theologian serve to cover up
va s t d e p a r tu re fro m th e
William Sloane Coffin said wrongful means,
“Golden Rule” of treating
“The fundamental sin is arro- at least for a while.
one’s neighbor as oneself.
gance because it invites you So we have been
This silence has unfortunately
to play God.” Many religious fooled into con-
given way to the view that
traditions recognize that the ferring good
torture can be justified—a
door to evil is the temptation intentions on While many Sunday morning churchgoers appreciated our
recent poll by the Pew Forum
to know all and become as those who decide preaching, a distinct subset had reactions indicating their refer-
on Religion and Public Life
God, as in the story of Adam to “bomb the village ence point had been supplanted by a kind of “Republican Jesus.”
found that most Evangelicals
and Eve and the apple. The t o sa v e it , ” t o
and Catholics in the United
wish to play God combined la un ch wa rs o f
States now condone torture in
with the “ends justify the aggression in
some instances.
means” rationale leads to the order to bring
Looking at the broadest democracy, and to
“ticking time bomb” justifica-
theology—which not only to rtu re to sa ve
tion for torture.
transcends mainstream reli- lives. Photos by Greg Skog
gious doctrinal differences This justification, based on
but also encompasses the a specious premise—that tor- Confession is good knew of the
most basic philosophical and ture would help find and stop false claims the
for the soul.
ethical ideas that underpin a ticking time bomb—and the Bush Admini-
simplistic end of achieving It’s easier to see the speck
our earliest laws—I see three in your neighbor’s eye than stration made to
main principles which need to the greatest good for the magnify the
greatest number, allows the the log in your own. Nothing
be understood and preached: is more painful than seeing effectiveness of
torture is sin; confession is writer of the “24” TV fiction the so-called
series to play God by creating and admitting the ugly, harsh
good for the soul; and we enhanced interro-
the happy ending of Jack truths about oneself or one’s
reap what we sow. group. Fear of being ridiculed gation techniques
is in some ways more power- like waterboard-
ful than the fear of imprison- ing. Soufan’s
ment or death. It is strong “confession” was
enough to promote cover-ups “to shed light on
of even minor lapses. But some of the
terrible sins carry their own le sso n s to b e
punishments for people with learned.”
consciences. That’s why The notion therefore that the “Think about what you would
Post-Traumatic Stress Disor- country can “move on” with- do if your Grandma were look-
der is so prevalent amongst out a public confession, with- ing over your shoulder.” Simi-
those returning from war. out admitting the truth and larly, the “What Would Jesus
People also tend to develop remedying what’s been done, Do?” question used to work
ego-defense systems to keep is in Walter Mondale’s words, quite well for ethical decision-
The flip side of this banner, is “TORTURE DOESN’T WORK.” That like “putting a loaded gun on making simply because, if
their consciences at bay and
the ethical and pragmatic go together has finally been corroborated as the kitchen table for anyone to nothing else, it was an outside
to keep from seeing or admit-
professional interrogators have spoken out to explain how and why come along and pick up”. reference point which even
ting terrible wrong-doing.
torture doesn’t work to gain actionable, timely intelligence and why Do not be deceived: God non-Christians could under-
Projecting the blame onto
the blowback from torture serves to ratchet up violence, not reduce it. cannot be mocked. A man stand.
others and minimizing one’s
actions are two of the most reaps what he sows. We reap what we sow is a
The Big Fish common ego defenses in- –Galatians 6:7 tough theological lesson but
Letters While it’s important to bring the volved in the commission of Most religious and philoso- it’s one we need to learn.
torturers and their enablers to jus- crimes. But PTSD is made phical doctrines contain no- There is simply no divergence
Kudos to WCT tice, it is imperative that we go worse by keeping the horrors tions of divine justice or between the theological, phi-
I just had good look at the after the big fish. (and the sin) to oneself. Most karma. The idea that there are losophical, ethical, and legal
War Crime Times. This is first Bush and Cheney initiated the war of theologies therefore teach always consequences for one’s rules prohibiting torture and
rate frontline stuff. So glad aggression—the “supreme interna- true confession (and penance) actions also seems to bear out the need for pragmatic effec-
you’re onto this. I have been tional crime” according to Nurem- as the best and only course to in scientific observations of tiveness in trying to prevent
following the issue as it has berg since it “contains within itself redemption and recovery. the physical world. Sometimes future acts of violence.
come up in some things I have th e a c cu mu la te d e vil of th e In his April, 2009 New York we can only glimpse the vari-
seen, but this is the mother whole”—that led to the cascade of ous consequences that flow Coleen Rowley is a former FBI
Times op-ed, “My Tortured
lode. The legal arguments are other war crimes. Unless these two from one’s actions. In any agent and Time Magazine Per-
Confession,” former FBI
so clear. And to have it led by event, ethical decision-making son of the Year for exposing FBI
are held accountable, such outra- Agent Ali Soufan describes
vets, that’s doubly powerful. mishandling of intelligence
geous actions will occur again. having to wait 7 years to un- can usually be helped by
prior to the September 11, 2001
Keith Helmuth Martha Bryant burden himself of what he adopting an outside reference
attacks.
Woodstock, NB, Canada Dubuque, IA point. We tell grade schoolers,
War Crimes Times ● WarCrimesTimes.org PERSPECTIVES Summer 2009 14

Will the nation that housed 425,000 Nazis in WWII find accommodations
for 241 Gitmo captives?
by Sherwood Ross to break them mentally and
The mean-spirited attitude of physically. Kate Allen, di-
Republican politicians over re- rector of UK’s Amnesty
patriating Guantanamo’s re- International, told BBC
maining 241 inmates in the U.S. Guantanamo is “a travesty
reflects both their irrational fears of justice” and that 80% of
and loss of moral compass. its captives are held in
House GOP leaders have intro- “cruel conditions of isola-
duced a “Keep Terrorists Out of tion,” forced to live in con-
America Act” that would give stantly illuminated cells
governors veto power to stop the with no natural light or
transfer or release of detainees fresh air and not allowed to
in their state. The same gover- speak to other prisoners.
nors that never question the Some men have endured
building of atomic bombs, na- this kind of solitary con-
palm, biological, and other finement for as long as seven years, Above: WWII German POWs on Iowa farm Below: Guantanamo detainees
banned U.S. terror weapons in and for them the end is not in sight.
their jurisdictions can be ex- Now Republican officials are doing
pected to make hypocritical po- their level best not to show the
litical hay out of this issue. slightest glimmer of mercy to these American war effort against Hit-
ler. Some pleaded to remain here
“Our constituents don’t want captives.
when the war ended.
these terrorists in their neighbor- How America has grown more
hoods,” House Minority Leader fearful and intolerant since World By treating the prisoners in what
John Boehner told reporters, War II, when it took in 425,000 then was regarded as “a Christian
according to the May 8th Miami German prisoners of war, many of manner” the net outcome was to
Herald. This echoes author them dedicated Nazis from General open their eyes to the lies Hitler
Christopher Orlet who wrote in Erwin Rommel’s Afrika Korps that told them about American democ-
the American Spectator, “[T]he surrendered to Eisenhower’s forces racy and Americans. They saw
roughly 650 prisoners that have in April, 1943! The treatment the first-hand the kindness and gener-
gone through Guantanamo Germans received in the United osity of the American people and
Bay…are terrorists and terrorist States then was the precise opposite they appreciated the even-handed
allies.” How Orlet knows this of what Muslim and Arab captives treatment of their military captors.
when they did not get a true have suffered under the Bush ad- What a change has taken place: a
American jury trial, and when ministration. nation that once showed mercy
men have been tortured into and kindness to nearly a half mil-
Instead of being put in solitary
signing confessions, is an in- confinement and tortured, they lion prisoners of war is today a
triguing question. were treated humanely in camps country that won’t open its doors
This debate is not helped by a that typically held 3,000 to 4,000 to 241 prisoners, the majority of
wide disagreement over the prisoners. Instead of “super-max” whom may well be innocent.
facts. Are any of the Guan- These are men who have been
prisons such as Guantanamo, they Mordechai Vanunu is an Israeli former nuclear tech-
tanamo captives, in fact, terror- were often housed in unused CCC illegally transported from their
nician who revealed details of Israel's nuclear weapons
ists? Lawrence Wilkerson, a or army barracks. They weren’t own countries, denied due process
program to the British press in 1986. He was subsequently
Republican who served as chief of law, tortured and psychologi-
denied fresh air and sunshine and lured to Italy, kidnapped by Israeli agents, transported to
of staff to then Secretary of were allowed to speak to other pris- cally abused—some for years.
Israel, convicted of treason, and spent 18 years in
State Colin Powell, told the As- oners. They were allowed to pub- Instead of trying to terrify the prison—including more than 11 years in solitary confine-
sociated Press, “There are still lish their own newspapers, play public about these alleged ment. Released in 2004, Vanunu was subject to restric-
innocent people there. Some sports, stage theatricals, and were “terrorists,” Republican politicians tions on his speech and movement. He has since been ar-
have been there six or seven given writing materials. And their should be out front clamoring for rested several times for violating those restrictions—
years.” Apparently, some are food was the same as the GI’s an opportunity to show some giving interviews and attempting to leave Israel. In 2007,
and some are not. Attorney Gen- dined on, meaning it typically was spark of—-dare we say it— he received a harsh, six month sentence for parole
eral Eric Holder says some cap- far better than German army ra- “Christian compassion”? If Re- violations. In response, Amnesty International issued a
tives will be released and others tions. publican governors won’t take the press release stating that "The organisation considers
will be held. Nearly all the German soldiers Guantanamo prisoners in, Presi- Mordechai
By continuing to hold any were allowed to work in nearby dent Obama might consider build- Vanunu to be a
prisoners year after year without communities, particularly on farms, ing housing for them on the mall prisoner of con-
trial, Holder only perpetuates in Washington, D.C., in the science and calls
and they chopped cotton, picked
the Bush regime’s injustice. In fruit, worked as cooks and kitchen shadow of those beautiful build- for his immediate
case after case evidence has helpers, performed janitorial duties, ings and memorials filled with and unconditional
emerged that many innocent and toted bricks on construction historic documents of liberty and release." Vanunu
men condemned to Guantanamo sites, including for the Tennessee justice. If we can’t do that for has been charac-
were turned in by bounty hunt- Valley Authority. From Alabama to those we have tortured and terized by some as
ers to collect $5,000 from Uncle Colorado and from Texas to Indi- abused, those documents will be a whistleblower
Sam. In the Alice-in- ana, hundreds of thousands of Nazi utterly worthless. and by others as a
Wonderland world of U.S. troops were made to feel welcome Sherwood Ross is a Miami-based traitor. Daniel
“justice,” untried and uncharged in America and, as a result, they public relations consultant who formerly Ellsberg considers
prisoners have been subjected to showed their appreciation by mak- reported for major dailies and wire him a “hero of the
inhuman punishments calculated ing a major contribution to the services. Reach him at nuclear age.”
sherwoodr1@yahoo.com.
War Crimes Times ● WarCrimesTimes.org PERSPECTIVES Summer 2009 15

rob acknowledged that “the The ugly, stinking, foul Palestinians and throw stun
Truth Walks Into a Court in Jaffa vast majority is employed truth—an unwelcome tourist grenades to “disrupt” the life
against uninvolved people.” in the State of Israel—was of the village, and he received
by Michael Sfard The use of violence is rea- straightforwardly spoken by a “commander’s note.” This
sonable. The shirtsleeve of the Virob’s testimony oozed
A rare visitor called on Is- with machismo. It seemed to the highest officer on the reaction can only be under-
truth about our army’s attitude ground who is charged with stood by young soldiers as a
raeli society recently, and we sa y: This air-condition ed
toward the Palestinian popula- educating his soldiers about wink.
almost didn’t notice. The visit courtroom is not the place to
tion in the occupied territories what is permissible and imper-
occurred last month during the judge the actions of our sol- Colonel Virob gave his 18-
peeked out from under Virob’s missible. And the truth is that
trial of an Israeli army officer diers who are risking their year-old soldiers the powers
uniform. Under the cover of our soldiers are too often
who was charged with beating lives. Virob could have been that the Israeli High Court of
his colonel’s insignia, the truth taught to treat Palestinians as
a Palestinian he was cast as Jack Nicholson’s tough Justice took away from the
managed to cross the separa- sub-humans, with whom they
“questioning” in the West American colonel charac- General Security Service—to
Bank village of ter from the movie “A should communicate by physically abuse innocent Pal-
Qadoum. The officer’s Few Good Men,” who is “slaps” and “punches” and estinians in order to obtain
attorneys asked his “knee jabs,” as a species that
brigade commander to
“A slap, sometimes a punch to sure that pencil-pushing must be trained by roaring
information. And the sky
prosecutor Tom Cruise is didn’t fall, and the nation that
testify in his defense, the scruff of the neck or the not going to teach him jeeps that “disrupt the bal- gave humanity the “Golden
and the commander chest, sometimes a knee jab or when using violence is ance” of their lives. That is the Rule” did not ask God’s for-
agreed. And as the new teaching of Israel.
commander proceeded
strangulation to calm somebody acceptable and when it is giveness. The Jewish people
not. In response to his testimony, are still waiting for Tom
to defend this officer down is reasonable.” “Is slapping the heads of Virob did receive a reprimand Cruise’s cross-examination,
and his right to beat Palestinians allowed or from the higher-ups. Inside his and until he comes and the
Palestinians, the more not?” the prosecutor file was placed a policeman stationed in the
sharp-eyed observers noticed asked, and Virob spilled the “commander’s note.” A sol- court is ordered to arrest Vi-
tion fence, the seam zone and
that someone who has long occupation’s contaminated dier who is insolent to his rob, what Nicholson said to
the Green Line until it landed
been declared persona non truth: “A slap, sometimes a commander is grounded for Cruise applies to us: “You
in the military courthouse in
grata by the Israeli military punch to the scruff of the neck the weekend. An officer who can’t handle the truth.”
Jaffa.
had slipped into the court- or the chest, sometimes a knee smokes a joint on leave is re-
room: the truth. Then the truth went on and Michael Sfard is legal adviser to
jab or strangulation to calm moved from his command.
flowed uncontrollably out of Yesh Din: Volunteers for Hu-
Colonel Itai Virob, a brigade somebody down is reason- Virob claims it is okay to hit
Virob’s throat, without the man Rights.
commander in charge of hun- able.” Exactly what human
perjuring mediation of the
dreds of soldiers who spend rights organizations have been
army spokesperson or military
their service facing a civilian
population in the occupied
attorneys. The army’s prac- reporting for years, exactly Israel and U.S. — Partners in Crime
tices were revealed layer by what thousands of physically
territories, laid out his credo at and psychologically injured Israel and the U.S. are partners in war crimes Almost every ne-
layer: Storming into a Pales-
the very beginning of his testi- Palestinians have been crying farious action undertaken by the U.S. has been supported by Israel,
tinian village in jeeps, throw-
mony. To his credit, he was out, exactly what defense min- not just tacit support but actual on the ground activities—in South
ing stun grenades or bursting
sharp and clear and did not isters and chiefs of staff and America, Iraq, Iran, and many other places. Likewise, the U.S.
in to h o u se s— in o rd e r to
hide behind convoluted word- military lawyers and senior supplies Israel with arms and support for their actions. Both coun-
“disturb the balance of the
ing: “I think,” he said, “that officers have been denying tries are of the European colonialist mode, with the U.S. now an
n e ig hb o rh oo d , villa g e o r
the need to use violence in this dismissively, all singing the empire and Israel the representative outpost in the Middle East.
p la c e ” — i s j u s t i f ie d a s a
sort of questioning is certainly “ most moral army in the The interesting thing is Israel has become so blatantly belliger-
“disruption operation.” Dis-
reasonable.” world” anthem like a mantra. ent, so enamored of it's own military capacity that now with the
cussing pressure methods, Vi-
somewhat more liberal Obama administration, Israel is an embar-
rassment to the new post-Bush image of the (corporate capitalist)
American empire that Obama has been hired to promote and pro-
ject. Consequently there is the possibility of a split between these
two powers. All to the good if it happens. However, the right wing
leadership in Israel is fully conscious of being seen as a loose can-
non, a very proud and fearsome loose cannon, and one armed with
nuclear bombs. They cultivate this image intentionally.
That image sends a message to Washington: You have created a
monster and we have the capacity to turn on you or anyone at any
time if you mess with us. We don't care if it brings us down be-
cause we will bring you all down with us rather than submit to
anyone ever again telling us what we can and cannot do. The mes-
sage to the world is: Nobody messes with Israel without dire, even
possible nuclear, consequences. Is it a bluff? Nobody knows, and
nobody can be sure one way or the other and that's the point. It's a
very dangerous game.
I think it's important that all of us are up to speed on Israel. The
U.S. does not and has not up until the present acted alone and I
think it's important that we acknowledge and publicize that fact.
Note that the recent atrocities in Gaza are just another install-
ment in the long history of Israeli war crimes.
Forty-two years ago, Israeli forces attacked the clearly marked
American intelligence ship, the USS Liberty. Severe damage was
done to the vessel and 34 crewmembers died and 167 were
wounded.
This and other Israeli and U.S. war crimes remain unaccounted
This cartoon is by renowned artist Khalil Bendib (see box on page 14 for information on Vanunu). for.
Their arsenal of some 240 nuclear weapons allows Israel to commit war crimes, such as occurred in
Lebanon and Gaza and daily in the West Bank, with impunity. —Tarak Kauff
War Crimes Times ● WarCrimesTimes.org THE LAST WORDS Summer 2009 16

Dogfight Afghanistan taught us an invaluable


lesson . . . It has been and always
During this latest invasion of Iraq (I'd better give the date—2003. Who knows will be impossible to solve political
how many more there may be?) I responded to a letter in The Oregonian from a problems using force. We should
Conservative friend (named Jack) who expressed the opinion that regardless of have helped the people of Afghani-
one's position on the war, once the hostilities begin, all political discussion stan in improving their life, but it
should cease and at least tacit approval should be given in order to "support" the was a gross mistake to send troops
troops involved in the conflict. I thought that was a pretty shallow view, not only into the country.
because it quashes dissent in a, supposedly, free society, but also because it
might condemn to death or serious injury —Retired Red Army General
(both physical and/or mental) for an unwor- Boris Gromov
thy cause, the very troops we are being on the 20th anniversary
asked to support. Therefore, I responded: of the Soviet withdrawal
from Afghanistan
You wrote, "It's time to put aside our frac- Feb. 14, 2009
tured feelings and beliefs. It's time to sup-
port our sons and daughters," Put that way it
sounds reasonable and kind. Let me put it another way: You ever seen a dog fight? Not the
TALK OF WAR
kind with airplanes. The literal kind. Its awful. They put the dogs in the pit and right away
they start tearing pieces out of one another. They train them up on pain to make them vi-
cious. Soon the floor is covered with blood. No one seems to care. They're too busy placing There’s talk of war,
bets. Some leave poorer. Some leave richer. But the dogs always lose. I've heard people Of world war,
say its awful. I've heard people say we oughta put an end to it. But I've never heard some- War of all the worlds war,
one say, "Sure, no civilized person thinks its a good thing; but I think we should shut up The war to end all wars war.
because we have to support the dogs." Cold war,
Desert war
—Rico Vicino, Vietnam Veteran Dirty little jungle war -
Muddy boys’ blood
Flooding down the delta war.
What will it take, America, for you to stand up and demand prosecution
of war criminals? White, black, and brown boys
Village, city, town boys,
In your name, your government has engaged in a campaign of invasion, Jew boys, goy boys
occupation, bombing, killing, torturing, murdering of people who posed Pissing in our pants
no threat. Five million have been driven from their homes. Because today our guns
Aren’t boys’ toys.
Are you ignorant of the crimes? Is your silence consent? Or denial? Boys to save our women
Are the crimes less heinous because the victims are strangers in a for- Boys to save our land
eign land? Is maintaining your comfort more important than easing Boys to save our way of life
their suffering and deterring future crimes? As instruments of God’s own hand.
Where is justice, compassion, conscience?
Allah wars, Yahweh wars,
What will it take, America? Jesus Christ Valhalla wars
In lands fresh cleansed,
With earthen pits -
Soups of lime and human bits.
Point Wars increasing, wars unceasing,
...our Administration
Counterpoint Wars of words condoning wars,
gave intelligence With beasts of war on foreign shores
You give me a water Disgorging boys to settle scores
officers the tools board, Dick Cheney and
and lawful authority In Arafat-Sharon wars.
one hour, and I'll have
they needed to gain him confess to the Sharon
vital information. Wars of mullahs,
Tate murders.
—Dick Cheney Priests, and monks,
—Jesse Ventura Waving script from musty trunks,
Scribbled wars in holy books
Retrieved anew from dusty nooks.
Other Points Corporate wars with bottom lines
The president instructed us that nothing we would do would be outside of our obligations, legal Which stretch from here
obligations, under the Convention Against Torture.... I just said—the United States was told, we To Pol Pot’s crimes,
were told, nothing that violates our obligations under the To Hutus, Boers, Serbo Croatians,
Convention Against Torture. And so, by definition, if it Our bloody brotherhood of nations -
was authorized by the president, it did not violate our
obligations under the Conventions Against Torture. Wars in waking, dreaming, art,
—Condoleezza Rice 2009 Since the first big bang blew us apart.

If the president does it, that mean's it's not illegal. © David Asia
—Richard M. Nixon 1977 February 2003

Check out the blog: WarCrimesTimes.org. It’s frequently updated with articles and links. PUBLIC SERVICE ANNOUNCEMENT: Pass this issue to someone who needs to read it!

You might also like