Tuesday, April 29, 2008

 

The Independent: Girl, 17, killed in Iraq for loving a British soldier

Girl, 17, killed in Iraq for loving a British soldier

By Sadie Gray
Sunday, 27 April 2008

A 17-year-old Iraqi girl was murdered by her father in an honour killing after falling in love with a British soldier she met while working on an aid programme in Basra, it has been claimed.

Rand Abdel-Qader was stamped upon, suffocated and stabbed by her father, then given an unceremonious burial to emphasise her disgrace. Police released her father without charge two hours after his arrest.

"Not much can be done when we have an honour killing case," said Sergeant Ali Jabbar of Basra police. "You are in a Muslim society and women should live under religious laws. The father has very good contacts inside the Basra government and it wasn't hard for him to be released and what he did to be forgotten."

A total of 47 young women died in honour killings in the city last year, Basra Security Committee told an investigation into Ms Abdel-Qader's case by The Observer. This is believed to be the only case of an honour killing involving a British soldier.

The MoD had no official advice for troops on how to behave with Iraqi women. The serviceman involved would not have been told that any relationship with her could put her life at risk, the paper said.

Ms Abdel-Qader, a student of English at Basra University, had struck up a friendship with a 22-year-old British infantryman known only as Paul five months before her murder in March.

She was believed to have last seen him in January, and the pair, whose relationship was innocent, only ever met while working at the aid station. The soldier was helping deliver relief to displaced families as part of his regimental duties. Ms Abdel-Qader was a volunteer worker.

On the day her father, Abdel-Qader Ali, was told of their friendship by a friend, he accused her of having an affair with a British soldier and killed her in front of his wife, Leila Hussain, and their sons.

"I screamed and called out for her two brothers so they could get their father away from her. But when he told them the reason, instead of saving her they helped him end her life," Ms Hussain said. She then left her husband and has since divorced him. She has received threats from her husband's family and is in hiding. She now works for an organisation campaigning against honour killings.


Sunday, April 27, 2008

 

The New Yorker: Camp Justice

Annals of Law

Camp Justice

Everyone wants to close Guantánamo, but what will happen to the detainees?

by Jeffrey Toobin April 14, 2008

An adverse ruling from the Supreme Court may be less a legal setback for Bush than a political opportunity for the Republicans.

An adverse ruling from the Supreme Court may be less a legal setback for Bush than a political opportunity for the Republicans.

The future of the detention facility on the American naval base at Guantánamo Bay, Cuba, inspires an unusual degree of bipartisan consensus, at least in theory. All three remaining candidates for President, the Republican John McCain and the Democrats Hillary Clinton and Barack Obama, have called for Guantánamo to be closed. So have Condoleezza Rice, the Secretary of State, and Robert M. Gates, the Secretary of Defense; after touring Guantánamo in January, Admiral Mike Mullen, the chairman of the Joint Chiefs of Staff, said, "I'd like to see it shut down." At a news conference in 2006, President Bush said, "I'd like to close Guantánamo."

Still, Guantánamo is bustling. Although the number of detainees has fallen from a high of around six hundred and eighty to around two hundred and seventy-five, the base is gearing up for what could become a series of military commissions—criminal trials of detainees. The first is scheduled to begin in May. On a dusty plaza surrounded by barbed wire on an abandoned airfield, contractors are finishing a metal warehouse-type building, which will house a new, highly secure courtroom. On the former runways, more than a hundred semi-permanent tents have been erected, in which lawyers, journalists, and support staffs will work and sleep (six to a tent) during the trials. The tent city has been named Camp Justice. The Bush Administration, instead of closing Guantánamo, is trying to rebrand it—as a successor to Nuremberg rather than as a twin of Abu Ghraib.

The commission trials will be the latest act in a complex legal drama that began shortly after September 11, 2001. A few weeks after the attacks on the World Trade Center and the Pentagon, the United States invaded Afghanistan, and on November 13, 2001, President Bush issued an order establishing military commissions to prosecute war crimes by members and affiliates of Al Qaeda. On January 11, 2002, the first prisoners from Afghanistan reached Guantánamo, which was at the time a sleepy Navy facility used for refuelling Coast Guard vessels. The Bush Administration made it clear that it did not believe that the detainees were entitled to any Geneva-convention protections. Then as now, the Bush Administration asserted that they could be held until the "cessation of hostilities," meaning not the war in Afghanistan but the "global war on terror"—that is, indefinitely.

From the moment Guantánamo opened, it has been a target of criticism around the world. In 2005, the Amnesty International secretary-general said that "Guantánamo has become the gulag of our times, entrenching the notion that people can be detained without any recourse to the law." There were allegations of excessively harsh interrogation practices at the detention center in its first years of operation, and the Army's own reporting has substantiated at least one case of abusive treatment. There have been four apparent suicides at the camp and many more attempts. Even staunch American allies, like Tony Blair, in Great Britain, and Angela Merkel, in Germany, have criticized the facility. As McCain said in 2007, "Guantánamo Bay has become an image throughout the world which has hurt our reputation." It is that sort of damage, as much as what has gone on at Guantánamo, that has prompted the calls for the closing of the facility.

Administration officials hope that the military commissions will change Guantánamo's reputation, but that seems unlikely. To date, the commissions have been an abject failure; in more than six years, they have adjudicated just one case—a plea bargain for David Hicks, a former kangaroo skinner from Australia. In March, 2007, after more than five years in custody, he pleaded guilty to "material support to terrorism," and was sentenced to nine months; he was returned to Australia, where he served out his sentence, and has now been released. Charges have been filed against fifteen detainees, but even if these cases come to trial—and considerable legal obstacles remain—many more prisoners will be left in limbo, without any charges pending against them or any foreseeable prospect of release. As the clatter of construction work shows, it is easier to talk about closing Guantánamo than to do it. Even shuttering it would not settle the most fundamental question raised by this notorious prison: what to do with its inmates. And attempts to resolve that dilemma are increasingly likely to play a role in the Presidential election.

Four times a week, a twelve-seat propeller plane belonging to Air Sunshine, a small airline based in Florida, lands at Guantánamo. The flight from Fort Lauderdale, just three hundred miles away, takes three hours, because the American airliner must avoid Cuban airspace. More than two thousand people work there; most are Navy and Army personnel, and about twelve per cent are civilian contractors. As in many military bases around the world, the local commanders compensate for Guantánamo's isolation with a kind of hyper-Americanism. There are half a dozen fast-food restaurants, two outdoor movie theatres, miniature golf, and a bedraggled, but playable, nine-hole course. The roads are full of "Gitmo specials"—broken-down heaps that are traded to newcomers by people at the end of their tours.

Heading west from the base's townlike center, you pass the first of its infamous landmarks—Camp X-Ray. A connected series of open-air cages surrounded by barbed wire, X-Ray was the destination for Guantánamo's first prisoners. Photographs of these orange-suited detainees, many hunched over in awkward positions, became emblems of the base. The number of prisoners quickly exceeded the capacity of Camp X-Ray, and it was closed in April, 2002. Base leaders have long wanted to tear down the camp, but a federal judge, who is presiding over one of the many pending cases regarding Guantánamo, ordered X-Ray preserved as possible evidence. So the camp remains, filled with trash and overgrown with weeds.

Fifteen minutes farther down the road, overlooking a particularly beautiful rocky beach, is Camp Delta, the prison complex for the remaining detainees. When I first visited Guantánamo, in late 2003, most of the detainees were held in three areas of Camp Delta, Camps 1, 2, and 3, which look like higher-tech versions of Camp X-Ray. The detainees spent their days and nights in open-air cells, which were topped by metal roofs and surrounded by layers of barbed wire. Now, with fewer prisoners, these camps appear almost empty. (The camp authorities will not specify how many people are in each camp.)

About two dozen "highly compliant" prisoners are being held in Camp 4, which features a dusty courtyard in which inmates can move freely during the day and dormitory-style sleeping arrangements. The prisoners in Camp 4 also have access to a small library for books and movies (a National Geographic film about Alaska is popular), and they can take classes to learn to read and write Pashto, Arabic, and English.

The biggest change to Guantánamo has been the completion of Camp 5, in 2005, and Camp 6, the following year. Most of the detainees now reside there. They are modern federal-prison structures, brick-for-brick copies of a pair of existing facilities, one in Terre Haute, Indiana, and the other in Lenawee, Michigan. The scenes inside, for better or worse, resemble those at most Supermax facilities. The prisoners spend about twenty-two hours a day inside climate-controlled, eight-foot-by-twelve-foot cells, with no televisions or radios, and generally leave only for showers or for recreation in small open-air cages.

Painted on the floor of all cells are arrows pointing toward Mecca, and through the cell doors the detainees can hear each other pray five times a day. Each tier of cells appoints a prayer leader who gets a sign—"Imam"—on his door. About two years ago, there were a hundred detainees on hunger strikes demanding an end to their terms, or at least a finite sentence; the number has declined to about ten, although one inmate has been refusing food for more than eight hundred days, and another for nine hundred days. (These prisoners are force-fed twice daily, via a tube through the nose.) Interview rooms for interrogations are outfitted with blue couches for the detainees. Camp 6 had been intended as a medium-security alternative to Camp 5, but after a series of near-riots by the detainees, in 2006, it, too, was converted to maximum-security status. The so-called "high value" defendants are held at Camp 7. This is a secret location at the base and is never shown to reporters.

In a trailer "inside the wire," adjacent to Camp 4, I spoke with Bruce Vargo, the Army colonel who runs the detention facility. "I think any facility matures over time, and I think that we've continued maturing and offering more programs to them, like the library," he told me. "But they are still very dangerous men, and they take every opportunity they can. There are still assaults that take place weekly on the guards. Every day we have 'splashings,' so I made sure the guards have face shields to protect themselves from feces and urine."

The catchphrase that Vargo and others at Guantánamo often used when describing their work was "safe and humane care and custody." It was clear, however, that winning hearts and minds is not part of the agenda. "They wouldn't be the type of people they are without being driven," Vargo said. "They obviously are very intent on pursuing their cause. They will let you know that this place is just an extension of the battlefield." He went on, "I would not say that we are building a fan base for the U.S. here. We are keeping bad guys off the battlefield."

Vargo's comments reflect the unchanging perspective of the Bush Administration, which holds that these detainees are, in the words of former Secretary of Defense Donald Rumsfeld, "the worst of a very bad lot"—incorrigible soldiers in an unending war. But, in the absence of any meaningful due process, there is no proof that they are. Benjamin Wittes, a fellow at the Brookings Institution, has made a comprehensive review of the prisoners for his forthcoming book, "Law and the Long War." For a period in 2006 when Camp Delta held about five hundred prisoners, Wittes examined all the available data—including the military's assertions about the prisoners and any statements that they themselves made—and estimated that about a third of the detainees could reasonably be said to be terrorists or enemy fighters.

The legal battle over Guantánamo has followed a trajectory similar to the political fortunes of the Bush Administration as a whole. The first court challenges by lawyers representing detainees were filed by the Center for Constitutional Rights, the left-leaning legal-advocacy group in New York, and Joseph Margulies, a civil-liberties attorney. Now, however, the anti-Guantánamo cause has gone mainstream, and Air Sunshine flights often ferry attorneys from white-shoe law firms to visit their detained clients. Almost all the remaining detainees who want attorneys are represented by American counsel.

Initially, government lawyers asserted that because the detainees were held outside the United States they had no right to challenge their status in American courtrooms, or even to file writs of habeas corpus. The Presidential order of November 13, 2001, said that the detainees "shall not be privileged to seek any remedy or maintain any proceeding, directly or indirectly . . . in any court of the United States." But, in 2004, the Supreme Court ruled, in Rasul v. Bush, that, because the Guantánamo base was under the exclusive control of the U.S. military, the detainees were effectively on American soil and had the right to bring habeas-corpus petitions in federal court. As Justice John Paul Stevens said in his opinion, the federal courts "have jurisdiction to determine the legality of the Executive's potentially indefinite detention of individuals who claim to be wholly innocent of wrongdoing."

In response to Rasul, the Department of Defense created a Combatant Status Review Tribunal, an administrative proceeding to justify each detainee's "enemy combatant" status. According to the rules, however, the detainees are not entitled to counsel, are not allowed to see all the evidence against them, and receive only the opportunity to be present and, if they choose, to respond to unclassified charges against them.

These days, the review tribunals are conducted in a windowless double-wide trailer inside the wire, under the supervision of a Navy captain named Ken Garber. These are not trials but a rough cross between grand-jury and probable-cause hearings. Three officers preside over each tribunal, and they can recommend continued detention or transfer to another country. There is only a limited right to appeal, but each detainee receives an annual review of his status in another hearing. "We look at two questions," Garber told me above the hum of the air-conditioners. "Are they still a threat? Do they still have intelligence value? A yes to either one is enough to keep them." The tribunals have been widely criticized as one-sided—Eugene R. Fidell, a noted American expert on military law, has called them a "sham"—and, according to Garber, last year only thirteen per cent of the detainees agreed to participate in or attend their own annual review hearings.

The commissions, which were meant to serve as criminal trials for the detainees, have so far proved to be even more dubious. After the Rasul case, in 2004, the military began pretrial proceedings in the first of the military commissions. One defendant, Salim Ahmed Hamdan, who was alleged to be a driver and bodyguard for Osama bin Laden, challenged the procedures for the commissions, and in June, 2006, he won his case before the Supreme Court. In another opinion by Stevens, the Court held Bush's order of November 13, 2001, as it related to military commissions, to be invalid, because the President could not create the commissions without the explicit assent of Congress. Stevens also rejected Bush's long-standing contention that the Geneva conventions did not apply to the detainees.

Bush's response to the ruling was notable both for what it revealed about the Administration's stance on Guantánamo and for what it might mean for the politics of 2008. Far from being chastened by another rebuke from the Justices, Bush used the Hamdan case to return to the subject of the September 11th attacks and to challenge Congress to ratify his aggressive approach. In a carefully choreographed ceremony in the White House on September 6, 2006, Bush made a surprise statement. "We're now approaching the five-year anniversary of the 9/11 attacks—and the families of those murdered that day have waited patiently for justice," he said. "So I'm announcing today that Khalid Sheikh Mohammed, Abu Zubaydah, Ramzi bin al-Shibh, and eleven other terrorists in C.I.A. custody have been transferred to the United States Naval Base at Guantánamo Bay." All had previously been held in secret C.I.A. prisons. Despite the skepticism that Bush and his team had expressed about Guantánamo, the President had, by placing the nation's most notorious terrorist suspects there, given the detention facility a new vote of confidence.

Bush also announced that he was sending a bill to Congress to re-create the military commissions that the Supreme Court had just struck down. "As soon as Congress acts to authorize the military commissions I have proposed, the men our intelligence officials believe orchestrated the deaths of nearly three thousand Americans on September 11, 2001, can face justice," he said. In other words, at the height of the midterm campaign season, Bush forced Congress to weigh the legal legacy of 9/11, his favored political terrain, and turned the commissions from an abstract debate about constitutional rights into a matter of getting Khalid Sheikh Mohammed to trial. It was a winning gambit, for a little more than a month later, on October 17, 2006, Bush signed the Military Commissions Act into law.

The Military Commissions Act was promptly challenged, and the Supreme Court is expected to rule on the case shortly. The act's most vulnerable point, from a constitutional perspective, is a provision barring the detainees from filing writs of habeas corpus. The Administration argues that, even if detainees have rights under the Constitution to habeas corpus, the procedures in place at Guantánamo are an adequate substitute; lawyers for the detainees argue that the Administration has fallen far short of justifying the extreme step of suspending habeas corpus. Last December, at the oral argument of the current Supreme Court case, which is known as Boumediene v. Bush, a majority of the Justices—among them Anthony Kennedy, the Court's swing vote—seemed skeptical of the Administration's position, and the Court will likely strike down at least part of the Commissions Act. Again, it appears, a rebuke from the Court will prompt not a retreat by the Bush Administration but another attempt to double-down on its aggressive approach to the detainees. The Court's ruling, in that sense, could be less a legal setback for the President than a political opportunity for his party.

Near Camp Justice, the authorities will use the "pink palace," an old air-traffic-control terminal, for the trials of detainees regarded as minor figures. But the big trials, like that of Khalid Sheikh Mohammed, will take place in the new metal building, in what for the most part resembles a modern federal courtroom in the United States. The defendants will sit at the end of long defense-counsel tables, next to their interpreters, and all counsel will have computers where the evidence and legal filings in the case can be displayed. The jurors, who will all be military personnel, will also have their own terminals. The law requires at least twelve jurors in capital cases, and at least five in commissions where the penalty is less than death. (In February, the Administration announced that it would seek the death penalty on charges against Mohammed and five others; last week, it added a capital case against Ahmed Khalfan Ghailani for his alleged role in the 1998 bombing of the American Embassy in Tanzania.)

In the new courtroom, I spoke to Brigadier General Thomas W. Hartmann, the legal adviser to the Office of Military Commissions, in the Pentagon, and, as such, the chief Administration defender of the commission process. Hartmann, an Air Force Reservist, is in civilian life general counsel to a Connecticut-based energy company. "When this is over, I'd like people to say these trials were conducted as fairly and as consistently as possible, and we followed the rule of law," he told me, as we sat at one of the prosecution tables.

Hartmann said that the commission procedures mirrored those of courts-martial. "There will be no secret evidence—defendants will see all of the evidence presented to the jury against them," he said. "If the prosecution wants to use hearsay evidence, it has to give notice to the defense and a hearing has to be held to see if it's reliable." Proof beyond a reasonable doubt is required for conviction, and defendants are given a military counsel (and also may hire an attorney), and they do not have to testify, with no inference to be drawn against them if they do not. Death sentences must be unanimous; two-thirds or three-quarters may be sufficient for conviction of lesser offenses.

But there is a heads-I-win, tails-you-lose quality to the proceedings. If a defendant is acquitted, he need not be released; he can simply be returned to detainee status at Guantánamo, to remain in custody until the end of the war on terror—raising the question of what sort of recourse the proceedings really provide.

"What's unusual about what we're doing is that we're having the commissions before the end of the war," Hartmann told me. "The Nuremberg trials were after World War Two, so there was no possibility of the defendants going back to the battlefield. We still have that problem. We are trying these alleged war criminals during the war. So, in order to protect our troops in the field, in general we are not going to release anyone who poses a danger until the war is over." By this reasoning, even those Guantánamo detainees who are acquitted of the charges against them are analogous to Nazi war criminals.

The commissions are not, however, the only way for detainees to be released. In the past year or so, the U.S. government has engaged in extensive diplomatic efforts to find acceptable homes for detainees of lesser interest. Hundreds of prisoners have left this way; Saudi Arabia alone took about a hundred last year. In a rather forlorn attempt to control the detainees' future behavior, each of those released is asked to sign a form that promises, among other things, that he "will not affiliate himself with al Qaeda or its Taliban supporters" and he "will not engage in, assist, or conspire to commit any acts of terrorism." If detainees refuse to sign, they are released anyway. According to critics, the release of so many detainees in such a short period amounts to an admission by the Administration that the detainees were never as dangerous as had been claimed. "Now that it's clear that Guantánamo is such an embarrassment, they are just shipping as many of them out the door as they can, and just keeping enough of them to save face," Clive Stafford Smith, who has long represented detainees at Guantánamo, said. "It's a political process that has little to do with terrorism."

Of the two hundred and seventy-five or so detainees now in Guantánamo, about sixty have been approved for transfer, if countries can be found to take them. (This issue is complicated by the fact that the United States has not been able to negotiate handovers to some countries, notably Yemen. Other detainees say that they will be tortured in their home country; cases involving Algerian and Tunisian nationals making this claim are pending in federal court in Washington.) Of the remaining detainees, Hartmann anticipates that there is sufficient evidence to bring commissions against only between sixty and eighty. In sum, there are more than a hundred and thirty detainees for whom Administration officials acknowledge they have no plan, except indefinite detention without trial.

The design of the courtroom itself suggests another problem with the commissions. For trials in America, journalists and other members of the public sit inside the courtroom; in Guantánamo, they will watch from behind soundproof glass, which can be screened off, with the sound eliminated, at any time.

"You know why the courtroom has the sealed-off press section, don't you?" Stafford Smith said. "All they care about is the evidence of the accused being tortured. They keep saying that the accused will see all the evidence, but the accused already knows he's been tortured. The point is to make sure that the media and the public don't see the evidence of torture. The key thing that they say is classified is evidence of torture and abuse."

That is not how Hartmann sees it. "The window is there in case the prosecutors want to use classified information, and they have advised that there will be relatively little used," he said. Still, classified information often involves "sources and methods" of intelligence gathering, and details about the interrogations of the detainees are likely to be kept from the public. This, of course, comes in the context of admissions by the government that several of the leading defendants, including Khalid Sheikh Mohammed and Abu Zubaydah, were subjected to waterboarding—the use of near-drowning during questioning. "The statute says that torture is illegal, and statements derived from torture are inadmissible," Hartmann told me. But is waterboarding torture? "These are evidentiary matters to be decided in the courtroom," he said.

To try to forestall trials centered on the alleged torture of the defendants, the prosecutors have assembled "clean teams"—investigators who were not directly involved in the interrogation—to build cases against Mohammed and the others which exclude any evidence that might be tainted. "The clean teams are a joke," Stafford Smith said. "It's impossible to 'unhear' what they said when they were tortured." But it is true that prosecutors in American criminal trials, when confronted with potentially illegally obtained evidence, sometimes devise ways to present the same facts to the jury. Still, the mere possibility that evidence will be aired about the waterboarding of Mohammed and the others suggests the political, not just the legal, dimension of the commission cases.

"We will all deal with the legacy of Abu Ghraib, but that is not the commissions," Hartmann said. "The commissions are not the detention facilities, they are not the C.S.R.T.s"—the review tribunals. "They are not even Guantánamo Bay and Camp X-Ray. The commissions are the commissions, and people are going to see that they are fair."

That claim of fairness suffered a significant blow last fall, when Air Force Colonel Morris D. Davis, the chief prosecutor for the commissions, resigned his post in protest. Davis, who has served as a military lawyer for twenty-four years, took the job in September, 2005. He told me that he operated without interference for about a year. The situation changed when Susan Crawford, a protégée of Vice-President Dick Cheney who is close to his counsel and chief of staff, David Addington, was named the "convening authority" of the commissions and Hartmann took over as legal adviser. Crawford was a political appointee, and her position made her a kind of one-person grand jury. Davis came to believe that Hartmann and Crawford were more concerned with the Administration's interests than with the integrity of the process.

"The commissions had such a bad image that it was important from the start to do things as openly and transparently as possible, so I spent a long time trying to get evidence declassified," Davis told me. Crawford and Hartmann, he said, made it clear that they thought that declassifying the evidence was too much trouble and that "we've got to get this moving quickly, even if it means doing it behind closed doors."

Davis went on, "I knew that a few of our likely defendants had been waterboarded, and I just made a decision that we were not going to use any evidence from them that was coerced, and no one challenged that opinion." But Hartmann, Davis says, questioned whether Davis had the authority to judge the admissibility of evidence.

In the end, it was the structure of the commissions, rather than any single decision by his superiors, that prompted Davis to resign. "I thought the whole idea was for Hartmann and Crawford to be the referees, not beholden to the defense or the prosecution," he said. "But if Hartmann is in our office each day, assigning lawyers, deciding which cases to bring, what evidence to use, and then supervising the case—that wasn't right." (Hartmann denied virtually all of Davis's version of events; a Department of Defense investigation determined that there was no wrongdoing on his part. Crawford declined to comment on her role. Davis is retiring from the Air Force this summer.)

It remains to be seen if the first two trials, scheduled to open in May and June, will even begin. One is the Hamdan case; in the other, Omar Khadr, a Canadian national who was fifteen years old when he was captured, is accused of killing an American soldier with a hand grenade. Among the outstanding legal questions in these cases are whether conspiracy is a war crime, and whether the defendants, to prepare their own cases, can interview Khalid Sheikh Mohammed and the other high-value detainees. And there is the issue, also currently unresolved, of whether Khadr should be charged as an adult. Most of the death-penalty defendants, meanwhile, have not yet even been assigned defense attorneys, and their trials are likely months away, at best.

Even if the commissions can somehow begin, the larger question of what to do with the remaining detainees is, for now, unsettled. One response to that quandary is a controversial proposal, by the law professors Neal Katyal and Jack Goldsmith, that is attracting a great deal of attention in the small world of national-security law—and which may offer an electoral lifeline for the Republicans this fall.

Katyal and Goldsmith make unlikely allies. A law professor at Georgetown and former Clinton Administration official, Katyal won widespread renown when he argued and won Salim Hamdan's case before the Supreme Court in 2006. Goldsmith is a former Bush Administration official who, despite leaving the government in 2004, in part over concerns about civil liberties in the war on terror, remains a strong national-security conservative. (He is now a professor at Harvard Law School.) But the two men shared a conviction that both military commissions and ordinary criminal prosecutions would be impractical for a few of those captured on distant battlefields. Together, they came up with an alternative: a national-security court.

According to their proposal, which was recently the subject of a conference sponsored by American University's Washington College of Law and the Brookings Institution, sitting federal judges would preside over proceedings in which prosecutors would make the case that a person should be detained. There would be trials of sorts, and detainees would have lawyers, but they would have fewer rights than in a criminal case. Hearsay evidence may be admissible—so government agents could testify about what informants told them—and there would be no requirement for Miranda warnings before interrogations. Some proceedings would be closed to the public. "It's a new system that's needed only in extreme circumstances," Katyal said. "It's not a default option."

Civil libertarians are, for the most part, aghast. "It's the liberals who support this, the ones who should know better, that are dangerous," Ben Wizner, a staff attorney for the American Civil Liberties Union, who has long dealt with detainee issues, said. "The real problem is that there is an emerging consensus that we need to have some legal authority to detain people without trial, and that's wrong. The government has proved it can criminally prosecute people in terrorism cases—in the African embassy-bombing cases, in the John Walker Lindh case, and others. That's what the government should do—prosecute them, or release them." Katyal says, "Would I love every case to be tried in criminal court? Of course. The reality is, when you're dealing with foreign investigations, particularly concerning events that occurred a long time ago, there are going to be a small handful of cases that you can't try in criminal court." Wizner and others assert that the jurisdiction of any new court would be sure to expand and swallow up more suspects for greater periods of time.

In any case, according to lawyers inside and outside government, the Bush Administration may launch a proposal for a national-security court this summer or fall, after what they presume will be its next loss in the Supreme Court. "It looks like when Boumediene comes down the Court may say to the President and Congress that they need more procedures for the detainees," Goldsmith said. "So, to correct the problem, the President might consider sending something up to Congress this summer or fall. It would help the Republicans in the fall election." The measure would force congressional Democrats to take a stand on the issue in the middle of the campaign—just as Bush did successfully with the Military Commissions Act after the Hamdan defeat. "It worked very well in 2006," Goldsmith said. "The only way the Democrats have to not make it an election issue is to give the President the powers he seeks."

As long as the detainees remain at Guantánamo, the military continues to interrogate them. In this sense, the rationale for the detention center has been unchanged since 2002. Of course, many of the detainees have been talking for five years or more, and it is reasonable to wonder if they have anything left to say.

The head of the Guantánamo Task Force is Admiral Mark Buzby. Moments before he entered a conference room for our interview, an aide brought in the Stars and Stripes and a one-star admiral's flag and set them behind his chair. Buzby is relentlessly on message about the continuing value of the interrogations. "We ask them, 'Tell us how you did that forgery stuff.' That's as timely now as it was back then," he told me. "We are filling in the mosaic." Buzby noted that the detainees' interrogation sessions were sometimes catered by the base's fast-food outlets. "They want those Subway sandwiches!" he said. "Sometimes they just want to talk. Meanwhile, he's chomping on his Subway B.M.T. It's all about that give-and-take and that rapport-building. We still get regular questions in for us to ask from the front in the field. We'll show him a map: 'Thanks a lot, have a Big Mac.' "

It is hard to verify such assertions, because the task force does not allow access to the detainees or to the information they provide. However, many detainees who have been released, and the lawyers for those who remain, contend that the continued interrogations amount to harassment of people who never knew anything of intelligence value in the first place.

Still, the question now, as Buzby acknowledges, is whether Guantánamo, as a symbol and recruiting device for terrorists, endangers more lives than it can possibly save. "It's really for others to weigh whether what we do here is of sufficient value to offset how this place is viewed internationally," Buzby said. For the man in charge on the ground at Guantánamo, the situation with the detainees has devolved into, at best, a lingering standoff. "I don't think any of us envision that they will be here in thirty years, but the question is what to do with them," he said. "The good news is, we got 'em. The bad news is, we got 'em."

ILLUSTRATION: JOHN RITTER

Sunday, April 20, 2008

 

Z Magazine: "Good News," Iraq & Beyond, Part 1

"Good News," Iraq & Beyond, Part 1

Both Parties well to the right of the population on major issues


Chomsky's ZSpace page

Not long ago, it was taken for granted that the Iraq war would be the central issue in the presidential campaign, as it was in the mid-term election of 2006. But it has virtually disappeared, eliciting some puzzlement. There should be none. 

Iraq remains a significant concern for the population, but that is a matter of little moment in a modern democracy. The important work of the world is the domain of the "responsible men," who must "live free of the trampling and the roar of a bewildered herd," the general public, "ignorant and meddlesome outsiders" whose "function" is to be "spectators," not "participants." And spectators are not supposed to bother their heads with issues. The Wall Street Journal came close to the point in a major front-page article on Super Tuesday, under the heading "Issues Recede in '08 Contest As Voters Focus on Character." To put it more accurately, issues recede as candidates, party managers, and their PR agencies focus on character (qualities, etc.). As usual. And for sound reasons. Apart from the irrelevance of the population to them, they can also be dangerous. The participants in action are surely aware that on a host of major issues, both political parties are well to the right of the general population and that their positions are quite consistent over time, a matter reviewed in a useful study by Benjamin Page and Marshall Bouton, The Foreign Policy Disconnect; the same is true on domestic policy (see my Failed States, on both domains). It is important, then, for the attention of the herd to be diverted elsewhere. 

The quoted admonitions, taken from highly regarded essays by the leading public intellectual of the 20th century, Walter Lippmann, capture well the perceptions of progressive intellectual opinion, shared across the narrow elite spectrum. The common understanding is revealed more in practice than in words, though some, like Lippmann, do articulate it: President Wilson, for example, who held that an elite of gentlemen with "elevated ideals" must be empowered to preserve "stability and righteousness," essentially the perspective of the Founding Fathers. In more recent years the "gentlemen" are transmuted into the "technocratic elite" and "action intellectuals" of Camelot, "Straussian" neocons, or other configurations.

For the vanguard who uphold the elevated ideals and are charged with managing the society and the world, the reasons for Iraq's drift off the radar screen should not be obscure. They were cogently explained by the distinguished historian Arthur Schlesinger, articulating the position of the doves 40 years ago when the U.S. invasion of South Vietnam was in its fourth year and Washington was preparing to add another 100,000 troops to the 175,000 already tearing South Vietnam to shreds. By then the invasion launched by Kennedy was facing difficulties and imposing difficult costs on the United States, so Schlesinger and other Kennedy liberals were reluctantly beginning to shift from hawks to doves. That even included Robert Kennedy, who a year earlier, after the vast intensification of the bombing and combat operations in the South and the first regular bombing of the North, had condemned withdrawal as "a repudiation of commitments undertaken and confirmed by three administrations," which would "gravely—perhaps irreparably—weaken the democratic position in Asia." But by the time that Schlesinger was writing in 1966, RFK and other Camelot hawks began to call for a negotiated settlement—though not withdrawal, never an option, just as withdrawal without victory was never an option for JFK, contrary to many illusions.

Schlesinger wrote that of course "we all pray" that the hawks are right in thinking that the surge of the day will be able to "suppress the resistance," and if it does, "we may all be saluting the wisdom and statesmanship of the American government" in winning victory while leaving "the tragic country gutted and devastated by bombs, burned by napalm, turned into a wasteland by chemical defoliation, a land of ruin and wreck," with its "political and institutional fabric" pulverized. But escalation probably won't succeed, and will prove to be too costly for ourselves, so perhaps strategy should be rethought. 

Attitudes towards the war at the liberal extreme were well illustrated by the concerns of the Massachusetts branch of Americans for Democratic Action (ADA), in Cambridge, the liberal stronghold. In late 1967 the ADA leadership undertook considerable (and quite comical) efforts to prevent applications for membership from people they feared would speak in favor of an anti-war resolution sponsored by a local chapter that had fallen out of control (Howard Zinn and I were the terrifying applicants). A few months later came the Tet offensive, leading the business world to turn against the war because of its costs to us, while the more perceptive were coming to realize that Washington had already achieved its major war aims. It soon turned out that everyone had always been a strong opponent of the war (in deep silence). The Kennedy memoirists revised their accounts to fit the new requirement that JFK was a secret dove, consigning the rich documentary record (including their own version of events at the time) to the dustbin of history where the wrong facts wither away. Others preferred silence, assuming correctly that the truth would disappear. The preferred version soon took hold: that the radical and self-indulgent anti-war movement had disrupted the sober efforts of the responsible "early opponents of the war" to bring it to an end. 

At the war's end, in 1975, the position of the extreme doves was expressed by Anthony Lewis, the most critical voice in the New York Times. He observed that the war began with "blundering efforts to do good"—which is close to tautology within the doctrinal system—though by 1969 it had become "clear to most of the world (and most Americans) that the intervention had been a disastrous mistake." The argument against the war, Lewis explained, "was that the United States had misunderstood the cultural and political forces at work in Indochina—that it was in a position where it could not impose a solution except at a price too costly to itself." 

By 1969, "most Americans" had a radically different view. Some 70 percent regarded the war as "fundamentally wrong and immoral," not "a mistake." But they are just "ignorant and meddlesome outsiders," whose voices can be dismissed—or on the rare occasions when they are noticed, explained away without evidence by attributing to them self-serving motives lacking any moral basis. 

Elite reasoning, and the accompanying attitudes, carry over with little change to critical commentary on the U.S. invasion of Iraq today. Although criticism of the Iraq War is far greater and far-reaching than in the case of Vietnam at any comparable stage, nevertheless the principles that Schlesinger articulated remain in force in media and commentary. 

It is of some interest that Schlesinger took a very different position on the Iraq invasion, virtually alone in his circles. When the bombs began to fall on Baghdad, he wrote that Bush's policies are "alarmingly similar to the policy that imperial Japan employed at Pearl Harbor, on a date which, as an earlier American president said it would, lives in infamy. Franklin D. Roosevelt was right, but today it is we Americans who live in infamy." It would be instructive to determine how Schlesinger's principled objection to U.S. war crimes fared in the tributes to him that appeared when he died and in the many reviews of his journals (which do not mention Vietnam until the Johnson years, consistent with the early version of his memoirs of Camelot).

That Iraq is "a land of ruin and wreck" is not in question. There is no need to review the facts in any detail. The British polling agency Oxford Research Bureau recently updated its estimate of extra deaths resulting from the war to 1.3 million—that's excluding Karbala and Anbar provinces, two of the worst regions. Whether that is correct, or the true numbers are much lower as some claim, there is no doubt that the toll is horrendous. There are several million internally deplaced. Thanks to the generosity of Jordan and Syria, the millions of refugees fleeing the wreckage of Iraq, including most of the professional classes, have not been simply wiped out. But that welcome is fading, for one reason because Jordan and Syria receive no meaningful support from the perpetrators of the crimes in Washington and London. The idea that they might admit these victims, beyond a trickle, is too outlandish to consider. Sectarian warfare has devastated the country. Baghdad and other areas have been subjected to brutal ethnic cleansing and left in the hands of warlords and militias, the primary thrust of the current counterinsurgency strategy developed by General Petraeus, who won his fame by pacifying Mosul, now the scene of some of the most extreme violence.

One of the most dedicated and informed journalists who has been immersed in the shocking tragedy, Nir Rosen, recently published an epitaph entitled "The Death of Iraq," in Current History. He writes that "Iraq has been killed, never to rise again. The American occupation has been more disastrous than that of the Mongols, who sacked Baghdad in the thirteenth century"—a common perception of Iraqis as well. "Only fools talk of 'solutions' now. There is no solution. The only hope is that perhaps the damage can be contained." 

Though the wreckage of Iraq today is too visible to try to conceal, the assault of the new barbarians is carefully circumscribed in the doctrinal system so as to exclude the horrendous effects of the Clinton sanctions—including their crucial role in preventing the threat that Iraqis would send Saddam to the same fate as Ceasescu, Marcos, Suharto, Chun, and other monsters supported by the U.S. and UK until they could no longer be maintained. Information about the effect of the sanctions is hardly lacking, in particular about the humanitarian phase of the sanctions regime, the oil-for-peace program initiated when the early impact became so shocking that Secretary of State Madeleine Albright had to mumble on TV that the price was right whatever the parents of hundreds of thousands of dead Iraqi children might think. The humanitarian program, which graciously permitted Iraq to use some of its oil revenues for the devastated population, was administered by respected and experienced UN diplomats who had teams of investigators all over the country and surely knew more about the situation in Iraq than any other Westerners. The first, Denis Halliday, resigned in protest because the policies were "genocidal." His successor, Hans von Sponeck, resigned two years later when he concluded that the sanctions violated the Genocide Convention. The Clinton administration barred him from providing information about the impact to the Security Council, which was technically responsible. As Albright's spokesperson James Rubin explained, "this man in Baghdad is paid to work, not to speak." 

Von Sponeck does, however, speak in extensive detail in his muted but horrifying book A Different Kind of War. But the State Department ruling prevails. One will have to search diligently to find even a mention of these revelations or what they imply. Knowing too much, Halliday and von Sponeck were also barred from the media during the build-up to the invasion of Iraq.

It is true, however, that Iraq is now a marginal issue in the presidential campaign. That is natural, given the spectrum of hawk-dove elite opinion. The liberal doves adhere to their traditional reasoning and attitudes, praying that the hawks will be right and that the U.S. will win a victory in the land of ruin and wreck, establishing "stability," a code word for subordination to Washington's will. By and large hawks are encouraged and doves silenced by the "good news" about Iraq. 

And there is good news. The U.S. occupying army in Iraq (euphemistically called the Multi-National Force-Iraq) carries out regular studies of popular attitudes, a crucial component of population control measures. In December 2007, it released a study of focus groups, which was uncharacteristically upbeat. The survey "provides very strong evidence" that national reconciliation is possible and anticipated, contrary to prevailing voices of hopelessness and despair. The survey found that a sense of "optimistic possibility permeated all focus groups... and far more commonalities than differences are found among these seemingly diverse groups of Iraqis." This discovery of "shared beliefs" among Iraqis throughout the country is "good news, according to a military analysis of the results," Karen de Young reported in the Washington Post (December 19, 2007). 

The "shared beliefs" were identified in the report. To quote de Young, "Iraqis of all sectarian and ethnic groups believe that the U.S. military invasion is the primary root of the violent differences among them, and see the departure of 'occupying forces' as the key to national reconciliation." So, according to Iraqis, there is hope of national reconciliation if the invaders, who are responsible for the internal violence, withdraw and leave Iraq to Iraqis. 

The conclusions are credible, consistent with earlier polls and also with the apparent reduction in violence when the British finally withdrew from Basra a few months ago, having "decisively lost the south—which produces over 90 per cent of government revenues and 70 per cent of Iraq's proven oil reserves" by 2005, according to Anthony Cordesman, the most prominent U.S. specialist on military affairs in the Middle East. 

The December 2007 report did not mention other good news: Iraqis appear to accept the highest values of Americans, which should be gratifying. Specifically, they accept the principles of the Nuremberg Tribunal that sentenced Nazi war criminals to hanging for such crimes as supporting aggression and preemptive war—the main charge against Foreign Minister von Ribbentrop, whose position in the Nazi regime corresponded to that of Colin Powell and Condoleezza Rice. The Tribunal defined aggression clearly enough: "invasion of its armed forces" by one state "of the territory of another state." The invasion of Iraq and Afghanistan are textbook examples, if words have meaning. The Tribunal went on to define aggression as "the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole." In the case of Iraq, the murderous sectarian violence and ethnic cleansing, the destruction of the national culture and the irreplaceable treasures of the origins of Western civilization under the eyes of "stuff happens"-Rumsfeld and his associates, and every other crime and atrocity as the inheritors of the Mongols have followed the path of imperial Japan.

Since Iraqis attribute the accumulated evil of the whole primarily to the invasion, it follows that they accept the core principle of Nuremberg. Presumably, they were not asked whether their acceptance of American values extended to the conclusion of the chief prosecutor for the United States, U.S. Supreme Court Justice Robert Jackson, who forcefully insisted that the Tribunal would be mere farce if we do not apply its principles to ourselves. 

Needless to say, U.S. elite opinion, shared with the West generally, flatly rejects the lofty American values professed at Nuremberg, indeed regards them as bordering on obscene. All of this provides an instructive illustration of some of the reality that lies behind the famous "clash of civilizations." 

A January poll by World Learning/Aspen Institute found that "75 percent of Americans believe U.S. foreign policy is driving dissatisfaction with America abroad and more than 60 percent believe that dislike of American values (39 percent) and of the American people (26 percent) is also to blame." The perception is inaccurate, fed by propaganda. There is little dislike of Americans, and dissatisfaction abroad does not derive from "dislike of American values," but rather from acceptance of these values and recognition that they are rejected by the U.S. government and elite opinion. 

Other "good news" had been reported by General Petraeus and Ambassador Ryan Crocker during the extravaganza staged on 9/11/07. Perhaps we should call the commander "Lord Petraeus," in the light of the reverence displayed by the media and commentators on this occasion. Parenthetically, only a cynic might imagine that the timing was intended to insinuate the Bush-Cheney claims of links between Saddam Hussein and Osama bin Laden, so that by committing the "supreme international crime" they were defending the world against terror, which increased sevenfold as a result of the invasion, according to an analysis by terrorism specialists Peter Bergen and Paul Cruickshank, using data of the government-linked Rand Corporation. 

Petraeus and Crocker provided figures to show that the Iraqi government had greatly accelerated spending on reconstruction, reaching a quarter of the funding set aside for that purpose. Good news indeed—until it was investigated by the Government Accountability Office, which found that the actual figure was one-sixth what Petraeus and Crocker reported, a 50 percent decline from the preceding year. 

More good news is the decline in sectarian violence, attributable in part to the success of the ethnic cleansing that Iraqis blame on the invasion; there are simply fewer people to kill in the cleansed areas. But it is also attributable to Washington's decision to support the tribal groups that had organized to drive out Iraqi al-Qaeda, to an increase in U.S. troops, and to the decision of the Mahdi army to stand down and consolidate its gains—what the press calls "halting aggression." By definition, only Iraqis can commit aggression in Iraq (or Iranians, of course). 

It is possible that Petraeus's strategy might approach the success of the Russians in Chechnya where fighting is now "limited and sporadic and Grozny is in the midst of a building boom" after having been reduced to rubble by the Russian attack, C.J. Chivers reports in the New York Times, also on September 11. Perhaps some day Baghdad and Falluja too will enjoy "electricity restored in many neighborhoods, new businesses opening and the city's main streets repaved," as in booming Grozny. Possible, but dubious, in light of the likely consequence of creating warlord armies that may be the seeds of even greater sectarian violence, adding to the "accumulated evil" of the aggression. 

If Russians rise to the moral level of liberal intellectuals in the West, they must be saluting Putin's "wisdom and statesmanship" for his achievements in Chechnya. 

A few weeks after the Pentagon's "good news" from Iraq, New York Times military-Iraq expert Michael Gordon wrote a reasoned and comprehensive review of the options on Iraq policy facing the candidates for the presidential election. One voice is missing: Iraqis. Their preference is not rejected. Rather, it is not worthy of mention. And it seems that there was no notice of the fact. That makes sense on the usual tacit assumption of almost all discourse on international affairs: we own the world, so what does it matter what others think? They are "unpeople," to borrow the term used by British diplomatic historian Mark Curtis in his work on Britain's crimes of empire—very illuminating work, therefore deeply hidden. Routinely, Americans join Iraqis in un-peoplehood. Their preferences too provide no options.

To cite another instructive example, consider Gerald Seib's reflections in the Wall Street Journal on "Time to Look Ahead in Iraq." Seib is impressed that debate over Iraq is finally beginning to go beyond the "cartoon-like characteristics" of what has come before and is now beginning to confront "the right issue." "The more profound questions are the long-term ones. Regardless of how things evolve in a new president's first year, the U.S. needs to decide what its lasting role should be in Iraq. Is Iraq to be a permanent American military outpost and will American troops need to be on hand in some fashion to help defend Iraq's borders for a decade or more, as some Iraqi officials themselves have suggested? Will the U.S. see Iraq more broadly as a base for exerting American political and diplomatic influence in the broader Middle East, or is that a mistake? Is it better to have American troops just over the horizon, in Kuwait or ships in the Persian Gulf? Driving these military considerations is the political question of what kind of government the U.S. can accept in Iraq...." 

No soft-headed nonsense here about Iraqis having a voice on the lasting role of the U.S. in Iraq or on the kind of government they would prefer. Seib should not be confused with the columnists in the Journal's "opinion pages." He is a rational centrist analyst, who could easily be writing in the liberal media or journals of the Democratic Party like the New Republic. And he grasps quite accurately the fundamental principles guiding the political class.

Such reflections of the imperial mentality are deeply rooted. To pick examples almost at random, in December 2007 Panama declared a Day of Mourning to commemorate the U.S. invasion of 1989, which killed thousands of poor people—so Panamanian human rights groups concluded—when Bush I bombed the El Chorillo slums and other civilian targets. The Day of Mourning of the unpeople scarcely merited a flicker of an eyelid here. It is also of no interest that Bush's invasion of Panama, another textbook example of aggression, appears to have been more deadly than Saddam's invasion of Kuwait a few months later. An unfair comparison of course; after all, we own the world, and he didn't. It is also of no interest that Washington's greatest fear was that Saddam would imitate its behavior in Panama, installing a client government and then leaving, the main reason why Washington blocked diplomacy with almost complete media cooperation; the sole serious exception I know of was Knut Royce in Long Island Newsday. Though the December Day of Mourning passed with little notice, there was a lead story when the Panamanian National Assembly was opened by president Pedro Gonzalez, who is charged by Washington with killing U.S. soldiers during a protest against President Bush's visit two years after his invasion, charges dismissed by Panamanian courts, but still upheld by the owner of the world. 

To take another illustration of the depth of the imperial mentality, New York Times correspondent Elaine Sciolino writes that "Iran's intransigence [about nuclear enrichment] appears to be defeating attempts by the rest of the world to curtail Tehran's nuclear ambitions." The rest of the world happens to exclude the large majority of the world: the non-aligned movement, which forcefully endorses Iran's right to enrich uranium, in accord with the non-proliferation treaty (NPT). But they are not part of the world, since they do not reflexively accept U.S. orders. 

We might tarry for a moment to ask whether there is any solution to the U.S.-Iran confrontation over nuclear weapons. Here are some ideas: (1) Iran should have the right to develop nuclear energy, but not weapons, in accord with the NPT; (2) a nuclear weapons-free zone should be established in the region, including Iran, Israel, and U.S. forces deployed there; (3) the U.S. should accept the NPT; (4) the U.S. should end threats against Iran, and turn to diplomacy. 

The proposals are not original. These are the preferences of the overwhelming majority of Americans and also Iranians in polls by World Public Opinion, which found that Americans and Iranians agree on basic issues. At a forum at the Johns Hopkins School of Advanced International Studies when the polls were released a year ago, Joseph Cirincione, senior vice president for National Security and International Policy at the Center for American Progress, said the polls showed "the common sense of both the American people and the Iranian people, [who] seem to be able to rise above the rhetoric of their own leaders to find common sense solutions to some of the most crucial questions" facing the two nations, favoring pragmatic, diplomatic solutions to their differences. The results suggest that if the U.S. and Iran were functioning democratic societies, this very dangerous confrontation could probably be resolved peaceably.

The opinions of Americans on this issue too are not regarded as worthy of consideration; they are not options for candidates or commentators. They were apparently not even reported, perhaps considered too dangerous because of what they reveal about the "democratic deficit" in the United States and about the extremism of the political class across the spectrum. If public opinion were to be mentioned as an option, it would be ridiculed as "politically impossible"; or perhaps offered as another reason why "The public must be put in its place," as Lippmann sternly admonished. 

There is more to say about the preference of Americans on Iran. Point one above, as noted, happens to accord with the stand of the large majority of the world. With regard to point two, the U.S. and its allies have accepted it, formally at least. UN Security Council Resolution 687 commits them to "the goal of establishing in the Middle East a zone free from weapons of mass destruction and all missiles for their delivery and the objective of a global ban on chemical weapons" (Article 14). The U.S. and UK have a particularly strong commitment to this principle, since it was this Resolution that they appealed to in their efforts to provide a thin legal cover for their invasion of Iraq, claiming that Iraq had not lived up to the conditions in 687 on disarmament. As for point three, 80 percent of Americans feel that Washington should live up to its commitment under the NPT to undertake "good faith" efforts to eliminate nuclear weapons entirely, a legal commitment as the World Court determined, explictly rejected by the Bush administration. Turning to point four, Americans are calling on the government to adhere to international law, under which the threats of violence that are voiced by all current candidates are a crime, in violation of the UN Charter. The call for negotiations and diplomacy on the part of the American unpeople extends to Cuba and has for decades, but is again dismissed by both political parties. 

The likelihood that a functioning democracy might alleviate severe dangers is regularly illustrated. To take another current example, of great importance, there is now justified concern about Russian reactions to U.S. aggressive militarism. That includes the extension of NATO to the East by Clinton in violation of solemn pledges to Gorbachev, but particularly the vast expansion of offensive military capacity under Bush, and more recently, the plans to place "missile defense" installations in Eastern Europe. Putin is ridiculed for claiming that they are a threat to Russia. But U.S. strategic analysts recognize that he has a point. The programs are designed in a way that Russian planners would have to regard as a threat to the Russian deterrent, hence calling for more advanced and lethal offensive military capacity to neutralize them (see George Lewis and Theodore Postol, "European Missile Defense: The Technological Basis of Russian Concerns," Arms Control Today, October 2007). A new arms race is feared. 

Recent polls under the direction of strategic analysts John Steinbrunner and Nancy Gallagher "reveal a striking disparity between what U.S. and Russian leaders are doing and what their publics desire," and again indicate that if these countries were functioning democracies, in which the ignorant and meddlesome outsiders had a voice, the increasingly fragile U.S.-Russian strategic relationship could be repaired, a matter of species survival in this case. 

In a free press, all of these matters, and many more like them, would merit regular prominent headlines and in-depth analysis. 

Z 


Noam Chomsky is a linguist, speaker, social critic, and author of numerous books and articles. Part II covers elite policy regarding North Korea, Israel, Pakistan, and the Palestinians.



Saturday, April 19, 2008

 

Human Rights First: Top Ten Signs We Finally Have an Anti-Torture President




Top Ten Signs We Finally Have an Anti-Torture President


Dear Jonathan,

Who knew that Human Rights First activists were also talented comedians?

In honor of John McCain's April Fools' Day appearance on David Letterman, we asked you to help us put together a Letterman-style Top Ten list: Top Ten Signs We Finally Have an Anti-Torture President

And what a response! There were far more brilliant submissions than we ever imagined. But as promised, our judges have compiled the 10 best, which we're sending in to Letterman (as he encourages viewers to do). Also check out our Jack Bauer video delivery of the Top Ten. And here it is:

Top Ten Signs We Finally Have an Anti-Torture President

10)  The President goes waterskiing instead of waterboarding.

—Jill – Redding, Connecticut

9)   Grand opening of the "Sandals Guantanamo Bay Beach Resort".

—James - South Orange, New Jersey

8)  "Stress Positions" are only for Corporate CEOs, and the phrase "torture memo" refers only to long, painfully boring email sent by superiors.

—Janis - Sunland, California and Megan - Rohnert Park, California

7)  "Enhanced interrogation techniques" now defined as ordinary techniques filmed in HD.

—Megan - Rohnert Park, California

6)  The phrase "Extraordinary Rendition" now used to describe American Idol performances.

—Joseph - San Diego, California

5)  Jack Bauer starts acting more like his brother, Eddie.

—Travis and Benjamin - Philadelphia, Pennsylvania

4)  "Secret detention" means not telling your parents you had detention.

—James - South Orange, New Jersey

3)  Calling Geneva Conventions "quaint" now seen as quaint.

—Megan - Rohnert Park, California

2)  "I can finally stop wearing my 'Who Would Jesus Torture?' bracelet." 

—Sarah – New York, New York

1)  Superman no longer having to fight for truth, justice and the Canadian way.

—Edward - Los Angeles, California

The only thing that would make it better is Paul Shaffer cackling in the background.

Thanks to everyone who participated in the contest. Not only were your responses hilarious, they were also extremely thoughtful. The Top Ten list emphasizes the absurdity that torture is even considered by the current administration as a viable interrogation technique. Eliminating torture will be a sign of American strength, not weakness. 

Human Rights First's Elect to End Torture '08 campaign is about ensuring that our next President puts an end to all policies that open the door to torture and cruel treatment. 

We're grateful for both your serious commitment to our campaign ... and also your sense of humor. Remember to check out the Top Ten Signs We Finally Have an Anti-Torture President on video.

Sincerely,

Sharon Kelly

Campaign Manager
Elect to End Torture '08


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Saturday, April 12, 2008

 

truthdig: Bush’s Parallel Universe

 

Bush's Parallel Universe

Posted on Apr 10, 2008

By Eugene Robinson

WASHINGTON—No, it's not your imagination: The "debate" about Iraq, and I use the word loosely, becomes ever more surreal as the occupation drags on.

I don't blame Gen. David Petraeus or Ambassador Ryan Crocker for their stay-the-course recommendation this week on Capitol Hill. Generals and diplomats should do what our elected leaders tell them to do—having covered South America, I can attest that the alternative is not pretty—and George W. Bush is indeed the Decider when it comes to Iraq policy. For now, at least.

Of course, Bush long ago lost any credibility with Congress and the American people on Iraq. It's understandable that he hides behind Petraeus' breastplate of medals and Crocker's thatch of gray hair, sending these loyal and able public servants to explicate the inexplicable: What realistic goal is the United States trying to achieve in Iraq? And in what parallel universe is this open-ended occupation making our nation safer?

Even the most basic question of any war is undefined: Who is the enemy? It was almost painful listening to Petraeus as he faced reporters Thursday and was asked whether Moqtada al-Sadr and his Mahdi Army were friend or foe. His tortured answer, translated into English, was yes.

In 2003, when Bush launched this elective war, the enemy was Saddam Hussein's wack-job regime. The dictator and his minions were quickly defeated, but then U.S. forces faced two new enemies—al-Qaida in Iraq (which we created by invading the country and destroying its brutal government) and a popular insurgency based in the country's Sunni minority (ditto).

Having midwifed these monsters, the Decider told us we had to stay in Iraq to slay them. What actually happened was that Sunni tribal leaders, many of whom were participants in the anti-American insurgency, decided they had had enough of the al-Qaida fighters' Taliban-like ways—and also saw that they were in danger of being completely marginalized by the Shiite majority. This so-called Awakening began before Bush's troop escalation, which was artfully labeled a "surge." It's not going out on a limb to predict that the Awakening will last precisely as long as the Awakened believe it is in their interest.

Some al-Qaida combatants remain, however, and the insurgency is not totally quiescent. Meanwhile, the struggle among armed Shiite factions for power and wealth has intensified. It's a messy situation, to be sure, but there's no way to call it a "war" anymore. Our presence in Iraq is an occupation, pure and simple. As in any occupation, the "enemy" consists of people who don't want the occupying troops in their country—and also people who do want the occupying troops in their country, as long as they see some political advantage.

It was Petraeus who, during the invasion, looked around at the chaos and said, rhetorically: "Tell me how this ends."

That was the question on Capitol Hill this week, but neither Petraeus nor Crocker could provide an answer.

Both Democratic presidential candidates made valiant attempts to engage the officials in a reality-based dialogue. Hillary Clinton pressed Crocker on the long-term agreements being negotiated between the Bush administration and the Iraqi government, and interrogated Petraeus on whether U.S. forces are now expanding their area of responsibility to include the southern city of Basra, which had been Britain's problem. Both men responded with mush.

Barack Obama conducted a polite but precise cross-examination, the aim of which was to get Crocker or Petraeus or somebody to define what an acceptable Iraq would look like. If violence were at current levels but without a large presence of U.S. troops, would that be good enough? He got another plate of mush.

Here's something solid: Early last year, before the surge, there were 130,000 U.S. troops in Iraq. In November, when Americans choose the next president, there are likely to be 140,000 U.S. troops in Iraq. The White House will blow a lot of smoke about how there's a "pause in the drawdown" or some such nonsense. There's no troop reduction; there's been an increase.

No one should be surprised that Petraeus and Crocker asked our elected representatives for more time. That's what George Bush always wanted, and he wasn't about to be deterred by anything so inconsequential as the clearly expressed will of the American people. As Dick Cheney said of anti-war opinion polls: "So?"

It's time to acknowledge that Bush has run out the clock. The nation's only recourse is the ballot box.

Eugene Robinson's e-mail address is eugenerobinson(at)washpost.com.

© 2008, Washington Post Writers Group


Thursday, April 10, 2008

 

NYT: Attack on Road Crew Kills 18 and Injures 7 in Afghanistan

Tt080305

April 9, 2008

Attack on Road Crew Kills 18 and Injures 7 in Afghanistan

KABUL, AfghanistanTaliban insurgents ambushed a group of road construction workers and their security guards early on Tuesday, killing 18 of the guards and wounding seven, Afghanistan officials said. It was one of the worst attacks here in months.

The ambush happened in Zabul Province, about 30 miles from the provincial capital, in a remote mountainous area near the Pakistan border, said Gulab Shah Ali Kheil, the deputy governor of Zabul.

The construction company was surveying a new road linking the provincial capital to Shinkay district. The area has always been considered dangerous because it is a route to the mountainous areas of southern Afghanistan for Taliban fighters from Pakistan.

The group of surveyors and laborers were well guarded and moving in a convoy through a valley to start work on the road when insurgents opened fire on the guards, said Muhammad Younus, the project manager for the Fazlullah Construction Engineering Company. No one in the construction crew was hurt because the guards took the brunt of the attack and battled the Taliban for several hours before an Afghan Army unit arrived.

"The victims who were killed and injured are all our security guards, and all of our technical team survived," Mr. Younus said by telephone.

"It was a real tragedy today that killed the innocent boys who were working just for $150 a month," he said. The guards were all young employees of the company, he said. The Afghan Army unit fought off the Taliban and killed and wounded several of the attackers, the deputy governor said.

The attack was the latest of several clashes around the country in recent days and might signal an increase in violence with the arrival of warmer weather, when the insurgent activity tends to increase. The Taliban and the Afghan Defense Ministry have warned that 2008 will be another bloody year. During a visit to Afghanistan on Tuesday, Jakob Kellenberger, the president of the International Committee for the Red Cross, also expressed concern about the increase in violence and the suffering the fighting had caused.

"We are extremely concerned about the worsening humanitarian situation in Afghanistan," he said in a statement to reporters on his arrival. "There is growing insecurity and a clear intensification of the armed conflict, which is no longer limited to the south but has spread to the east and west.

"The harsh reality is that in large parts of Afghanistan, little development is taking place. Instead, the conflict is forcing more and more people to flee their homes," he said. "Their growing humanitarian needs and those of other vulnerable people must be met as a matter of urgency."


Wednesday, April 09, 2008

 

NYT: Attacks in Baghdad Spiked in March, U.S. Data Show

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Attacks in Baghdad Spiked in March, U.S. Data Show

Published: April 8, 2008

BAGHDAD — After an overall decline in attacks against civilians and American and Iraqi security forces in Baghdad over the past several months, the number more than doubled in March from the previous month, according to statistics compiled by the American military in Baghdad.

The sharp increase in overall attacks, to 631 in March from 239 in February, reflects new strikes against the Green Zone, the heavily fortified headquarters for Iraq's central government and the American Embassy here, as well as renewed fighting in the Sadr City district of Baghdad between Shiite militias and Iraqi government and American forces.

Violence in Sadr City first flared more than a week ago after Prime Minister Nuri Kamal al-Maliki started a poorly coordinated military campaign to retake the southern port city of Basra from Shiite militias. The fighting has had repercussions in other Shiite enclaves across the country, but nowhere is it as severe as in Sadr City.

Nearly all of the increase came in attacks against American and Iraqi security forces, which rose to 562 in March from 177 in February. Attacks against civilians in the capital remained relatively unchanged: 69 in March from 62 in February.

However, another yardstick, the number of civilian deaths tracked by the Iraqi government, shot up last month after several months of decline. Iraqi officials recorded 472 civilian deaths in Baghdad in March, a 43 percent increase over February. That increase is believed to have been caused mainly by battles between security forces and the Shiite militias.

The attack data, which was prepared by the American military division in Baghdad, indicate that despite those clashes, the sectarian violence between Sunni and Shiite groups is still down considerably from the peak levels last summer.

The latest military statistics are not classified and were provided to The New York Times in response to a request for information about the security situation in the Iraqi capital.

The increased violence in Baghdad is likely to figure in Congressional testimony in Washington on Tuesday by Gen. David H. Petraeus, the top American commander in Iraq, and Ryan C. Crocker, the American ambassador here.

Critics of the Bush administration's Iraq policy will probably cite the attack data to argue that the American troop increase in Baghdad has not achieved the hoped-for decline in violence. In recent days, Shiite militias have repeatedly struck the Green Zone, killing American soldiers and civilians there.

But proponents of the current strategy may use the new statistics to argue that security is too unsettled to warrant additional American troop reductions. General Petraeus is expected to recommend a delay in troop withdrawals to reassess security trends after the number of American combat brigades is reduced to 15 in July from a high of 20 during the troop buildup.

American and Iraqi officials have attributed the reduction in violence to the increased American military presence and counterinsurgency operations in Baghdad, Sunni tribesmen who have turned against the insurgency, and a cease-fire that Moktada al-Sadr, the powerful anti-American Shiite cleric, had observed until the Basra offensive.

While the United States and the Maliki government have achieved success in fighting the insurgents, the recent fighting in Basra and Sadr City underscores the point that Shiite militias remain a significant problem.

Mr. Sadr has ordered his militia, the Mahdi Army, not to challenge Iraqi security forces, but American officials say that splinter groups, some backed by Iran, are behind the recent spate of attacks against the Green Zone and American forces. It is not clear if Mr. Sadr has influence over these groups.

American military analysts said Monday that continued fighting in Baghdad threatened to weaken the security gains made so far.

"Much will depend on Sadr and whether his growing attacks on the U.S. for supporting Maliki have pushed him toward open confrontation with the U.S.," said Anthony H. Cordesman, a military specialist at the Center for Strategic and International Studies in Washington.

"What is clear," he said, "is that the intra-Shiite power struggle has only begun, will be violent to some degree, and is likely to intensify through the fall 2008 local-provincial elections, the 2009 national elections and beyond."

Michael R. Gordon reported from Baghdad, and Eric Schmitt from Washington.


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