Showing posts with label international war crimes.. Show all posts
Showing posts with label international war crimes.. Show all posts

February 20, 2009

Glenn Greenwold war crimes update

Greenwald: U.S. Is Bound By Treaty to Prosecute Torture Crimes

Posted: 18 Feb 2009 07:00 PM PST

Glenn Greenwald on why we're bound by law to prosecute torture cases. (Incidentally, he also points out that a new report states that Bush officials were informed that the legal memos submitted to justify torture were slanted to fit administration policy):

The U.S. really has bound itself to a treaty called the Convention Against Torture, signed by Ronald Reagan in 1988 and ratified by the U.S. Senate in 1994. When there are credible allegations that government officials have participated or been complicit in torture, that Convention really does compel all signatories -- in language as clear as can be devised -- to "submit the case to its competent authorities for the purpose of prosecution" (Art. 7(1)). And the treaty explicitly bars the standard excuses that America's political class is currently offering for refusing to investigate and prosecute: "No exceptional circumstances whatsoever, whether a state of war or a threat or war, internal political instability or any other public emergency, may be invoked as a justification of torture" and "an order from a superior officer or a public authority may not be invoked as a justification of torture" (Art. 2 (2-3)). By definition, then, the far less compelling excuses cited by Conason (a criminal probe would undermine bipartisanship and distract us from more important matters) are plainly barred as grounds for evading the Convention's obligations.

There is reasonable dispute about the scope of prosecutorial discretion permitted by the Convention, and there is also some lack of clarity about how many of these provisions were incorporated into domestic law when the Senate ratified the Convention with reservations. But what is absolutely clear beyond any doubt is that -- just as is true for any advance promises by the Obama DOJ not to investigate or prosecute -- issuing preemptive pardons to government torturers would be an unambiguous and blatant violation of our obligations under the Convention. There can't be any doubt about that. It just goes without saying that if the U.S. issued pardons or other forms of immunity to accused torturers (as the Military Commissions Act purported to do), that would be a clear violation of our obligation to "submit the [torture] case to [our] competent authorities for the purpose of prosecution." Those two acts -- the granting of immunity and submission for prosecution -- are opposites.

And yet those who advocate that we refrain from criminal investigations rarely even mention our obligations under the Convention. There isn't even a pretense of an effort to reconcile what they're advocating with the treaty obligations to which Ronald Reagan bound the U.S. in 1988. Do we now just explicitly consider ourselves immune from the treaties we signed? Does our political class now officially (rather than through its actions) consider treaties to be mere suggestions that we can violate at will without even pretending to have any justifications for doing so? Most of the time, our binding treaty obligations under the Convention -- as valid and binding as every other treaty -- don't even make it into the discussion about criminal investigations of Bush officials, let alone impose any limits on what we believe we can do.


November 19, 2008

Senior judge says Iraq invasion broke international law

By Europe correspondent Emma Alberici

Source: ABC

One of Britain's most senior judges has attacked Britain and the United States over their invasion of Iraq, describing it as a serious violation of international law.

In a speech to the British Institute of International and Comparative Law, Lord Bingham accused Britain and the US of acting like world vigilantes.

It was his first major address since retiring as the senior law Lord.

He rejected the then attorney-general's defence of the 2003 invasion of Iraq as fundamentally flawed, saying that the US, the UK and other states such as Australia had violated international law and the rule of law.

The conservatives and the Liberal Democrats in the UK continue to press for an independent inquiry into the circumstances around the invasion.


October 15, 2008

Committee To Prosecute Bush Revs Up

by Sherwood Ross

Massachusetts law school Dean Lawrence Velvel will chair a Steering Committee to pursue the prosecution for war crimes of President Bush and culpable high-ranking aides after they leave office Jan. 20th.

The Steering Committee was organized following a conference of leading legal authorities and scholars from the U.S. and abroad convened by Velvel on Sept. 13-14 in Andover, Mass., titled “The Justice Robert Jackson Conference On Planning For The Prosecution of High Level American War Criminals.”

“If Bush, Vice President Dick Cheney, and others are not prosecuted,” Velvel said, “the future could be threatened by additional examples of Executive lawlessness by leaders who need fear no personal consequences for their actions, including more illegal wars such as Iraq.”

Besides Velvel, members of the Steering Committee include:

Ben Davis, a law Professor at the University of Toledo College of Law, where he teaches Public International Law and International Business Transactions. He is the author of numerous articles on international and related domestic law.

Marjorie Cohn, a law Professor at Thomas Jefferson School of Law in San Diego, Calif., and President of the National Lawyers Guild.

Chris Pyle, a Professor at Mount Holyoke College, where he teaches Constitutional law, Civil Liberties, Rights of Privacy, American Politics and American Political Thought, and is the author of many books and articles.

Elaine Scarry, the Walter M. Cabot Professor of Aesthetics and the General Theory of Value at Harvard University, and winner of the Truman Capote Award for Literary Criticism.

Peter Weiss, vice president of the Center For Constitutional Rights, of New York City, which was recently involved with war crimes complaints filed in Germany and Japan against former Defense Secretary Donald Rumsfeld and others.

David Swanson, author, activist and founder of AfterDowningStreet.org/CensureBush.org coalition, of Charlottesville, Va.

Kristina Borjesson, an award-winning print and broadcast journalist for more than twenty years and editor of two recent books on the media.

Colleen Costello, Staff Attorney of Human Rights, USA, of Washington, D.C., and coordinator of its efforts involving torture by the American government.

Valeria Gheorghiu, attorney for Workers’ Rights Law Center.

Andy Worthington of Redress, a British historian and journalist and author of books dealing with human rights violations.

Initial actions considered by the Steering Committee, Velvel said, are as follows:

# Seeking prosecutions of high level officials, including George Bush, for the crimes they committed.

# Seeking disbarment of lawyers who were complicitous in facilitating torture.# Seeking termination from faculty positions of high officials who were complicitous in torture.

# Issuing a recent statement saying any attempt by Bush to pardon himself and aides for war crimes prior to leaving office will result in efforts to obtain impeachment even after they leave office.

# Convening a major conference on the state secret and executive privilege doctrines, which have been pushed to record levels during the Bush administration.

# Designation of an Information Repository Coordinator to gather in one place all available information involving the Bush Administration’s war crimes.

# Possible impeachment of 9th Circuit Court of Appeals Judge Jay Bybee for co-authoring the infamous “torture memo.”




September 29, 2008

WAKE UP KURDISTAN !! : Axin Arbili in OpEd News

KurdishMedia.com - By Axin Arbili

There is no change for the better; there is no turning point in our history: The anti-Kurdish forces of the past are the anti-Kurdish forces of today. Despite the end of Saddam’s dictatorship five years ago, there is still no freedom for the Kurds, no free Kurdistan even in so-called liberated Iraq. Our enemies are busy, as ever, with maintaining the status quo in the Middle East, and they are successful. In return for Kurdish efforts of reconciliation and goodwill, Arabs, with the help of the Turks, have stopped the referendum in Kerkuk and are now doing everything to abolish that constitutional requirement and right. The Kurdish city and especially the oil there are still regarded “Arab patrimony”, and under Saddam this meant Anfal: large-scale ethnic cleansing, deportations, displacement, genocide.

The Kurdish genocide; the murder of more than 350,000 people, the displacement of millions; the depopulation and destructions of the Kurdish landscape seems to have quietly disappeared from collective conscious, from the collective memory and public political discourse; it has almost become irrelevant to our leaders. Nobody remembers the referendum in which the Kurdish people in the south declared their will for self-determination and independence; today we do not see the implementation of the only legitimate will, but we see the instructions and will of Washington, Baghdad, Damascus, Tehran, Ankara being implemented. The Kurdish leaders in Iraq have become collaborators and clients of US global empire.

The question to be asked and answered is thus: What did the Peshmerga actually fight for in “Operation Iraqi Freedom”? Did they really fight for Kurdish freedom or did they risk their lives so that instead of Sunni Arabs their Shiite kin get the opportunity to rule Baghdad and thus Kurdistan? The answer is quite clear. We missed a unique opportunity to tell our enemies and the world that we don't want to be part of that criminal and hated creation of British imperialism called Iraq; that we want the sanctity of our homelands recognized under international law, that we want a free and sovereign Kurdish society, protected by a Kurdish state and army; that the insults, intimidations, threats, aggressions, crimes against us must end for once and all. Instead of doing the right thing, the Kurdish leaders decided to become presidents and foreign ministers of that terror state of Iraq; we see how they listen to our enemies and follow imperial instructions; we see that there is no progress and peace for our nation. In the political and cultural realities of the world, we do not even exist. We are called Iraqis; south Kurdistan is just northern Iraq in the eyes of the “international community” and others.

The scale of racial hatred against any form of Kurdish independence or even a Kurdish city administration is unimaginably deep and egregious when we compare that the Arabs already have 22 (twenty-two) independent sovereign countries with tens of thousands of rich cities and a population of 350 to 400 million; that there are 7 (seven) independent sovereign Turkic states, 16 (sixteen) Autonomous Turkic republics, with a Turkish/Turkic population of more than 200 million; that the combined Arab und Turkish land masses represent a vast area stretching from the Atlantic Ocean to Central Asia and beyond; that Turks and Arabs fully enjoy all human and ethnic rights monitored under international law. Despite all of their territorial and material wealth (including the largest oil reserves), despite their numerous states, and despite calling themselves compassionate Muslims, Turks and Arabs are not willing to allow the Kurds, who have no other allies or kin, let alone friends, to exercise the same human and ethnic rights, to have their historical, moral, legal rights for self-determination and for their own sovereign country realised.

The “international community” couldn’t care less. Arab oil and Nato-membership of Turkey are too precious for the West to jeopardize by supporting the despised, poor and powerless Kurds. Consequently and historically the USA/EU/NATO have supported their client states rather than supporting democracy and justice in the region. Outside the western spheres, there is no such thing anyway. There are only vital strategic and material interests. There is no right or wrong, moral or immoral for the West when it comes to its vital interests; there is only the will and force to achieve the objectives by all means, at any costs, including genocides. In the Middle East, these are access and control of the energy reserves and expansion of control to yet uncontrolled regions (Iran, Caucasus, Central Asia, etc.). In the new strategy paper of the US military for the 21st century, it is now explicitly and officially stated what has been US foreign policy practice for decades and centuries: continuous warfare for depleting energy, food and water resources together with their European kin and local puppets. Since these resources are in other countries and belong to other peoples/races, the US military officially declares to continue targeting the indigenous populations whenever necessary; it other words, there is no distinction between civilian and military; the other culture as a whole is an enemy of the US if it’s in the way. Freedom? Democracy? Only the most naïve and manipulated can still believe in a benevolent Uncle Sam.

So while the Arabs are attacking us in “legal” ways and/or by using terror to prevent Kerkuk becoming part of Kurdish administration; all of the Kurdish territories are under constant attack by the Turkish air force to kill as many “Kurdish terrorists” (= free Kurds) as possible. The Turks are assisted by the Iranian army, and the actions of both the Turkish and Iranian military are approved and supported by the USA/West! On the one side Kemalists and Mullahs are conducting warfare against a defenseless people in open violation of all rules and conventions; on the other there is the “international community” deliberately looking away and allowing crimes against humanity. The UN general meeting demonstrated this once again openly and directly when representatives, including Ahmadinejad, delivered their speeches. He was talking about God, justice, beauty, harmony, brotherhood of man, while at the same time the Iranian army is carrying out its war against the Kurdish population; and the “international community” is wondering whether or not Iran has peaceful intentions toward the West. These are satanic double standards and they show unambiguously that the West is not bothered about the Kurdish situation and fate. The barbarism of the Turkish/Iranian military is matched by the selfish brutality of the West. While some delegations were absent; the foreign minister of Iraq, who is a Kurd, was present and listening. And not only was he present and listening, he actually applauded when this prophet of evil finished his deceitful speech. It was like a scene from a nightmare or directly from hell. I could only feel shame and anger as there can be no understanding let alone justification for such disgraceful behaviour. How can you, as a Kurd, applaud him when this man only has murderous contempt for you and your people. He is the head of a state which is determined to crush Kurdish rights, which imprisons, tortures and kills Kurdish intellectuals and human rights activists; which has been cooperating with the Turks for centuries in occupying and exploiting Kurdish lands; which has always been anti-Kurdish in theory and practice. Knowing all of this, how can you just sit there comfortably, listen and applaud this false prophet when you could, in your position as foreign minister, inform the world public of Iranian and Turkish atrocities?

Our enemies will not take us serious with such figures, they can only laugh at us and do what they like. No wonder that the world has no clue about our tragedy, that the only thing they can relate Kurds to is either terrorism or that we are just plain stupid or masochistic.

The Turks have been demonstrating their contempt for centuries. While we are begging for some democracy; their “constitutional court” is considering the closure of the only Kurdish party in Turkey just because this party wants a free and democratic society with equal rights for every one and, above all, because it is a Kurdish party that represents the Kurds. For the military rulers in Ankara, Kurds representing Kurds and insisting on Kurdish right is just another form of terrorism that needs to be eradicated. As all the previous Kurdish parties were shut down, it is more than likely that this one will also have the same fate. Even if it is not shut down now, it will be reminded of the Turkish sword hanging over its head, ready to be used at any time the party/Kurds say anything different than Kemalist state slogans.

We need to wake up and understand: Democracy is not in the interest of the ruling elites as it would mean the end of Kemalism/Turkish supremacy. Consequently there is no real democracy, all these Turkish parties, the parliament, the courts, the government only a façade for the “international community”. Behind the scenes, the US-backed generals pull the strings and make these puppets move as they wish. If one of them dares to get out of line, there is always the threat and possibility of a military coup to re-arrange and re-install the Kemalist order even more brutally. But as the Turkish society has been thoroughly Kemalized by the Kemalofascist military, bureaucracy, and judiciary for almost a century, and as it has also been thoroughly Islamized by the their Muslim leaders, with their strong economic base; there is no danger of any form of subversion from the Turkish people against the status quo or any wish for real democracy. As long as there is Western support and financing of the Turkish fascist order, as long as the Kurds have no voice and are powerless slaves of Western and local forces; the Turks, Arabs, Iranians, Westerners are quite content and happy with the status quo called “Middle East”.

Given these global, geostrategic, socio-political realities, any talk of democratization of such societies becomes ridiculous, absurd if not pathological. And it is absolute and utter hubris to believe, let alone to suggest that Kurds, as freedom fighters or as political fighters, could democratize Arab or Turkish societies in any way. Not only that Kurds don’t have the means, but they also don’t have the right to attempt any such mad thing. If these societies or states prefer a Kemalist, Baathist, Islamist system or whatever system they want, it is their decision and choice. These are separate societies, separate peoples, separate states. Even Israel, the nuclear and industrial superpower of the region, makes no claim or has a plan of democratizing the Palestinian Arabs or any other Arabs for that matter; how can Kurds talk about democratizing others?! This form of thinking is purely idealistic, wishful, delusional and thus a total waste of time. It will not help our cause in any way, it has just hindered it and blocked real progress, and thus it only has played into the hands of our enemies.

But we have no more time to lose. We are dealing with hostile barbaric forces which only have contempt for us if we try to civilize them with democratic rhetorics and plans. They insult us, spit into our faces, torture and kill us in return to demonstrate that there is no such thing as Kurdish rights. Look around, animals even have more rights in Turkey, Iran, Syria and in the world than Kurds. They make it absolutely clear and act upon the understanding that it's in nobody’s interest that we exist.. The Turks, Arabs, Iranians have been carrying out physical and cultural genocides against the Kurdish nation without any action, even without any real protest from that “civilized international community”. Although on legal and moral basis, these states ought to be sanctioned, boycotted and punished; you see how they are officially recognized and welcomed at every international forum and in every organization.

Wake up and understand; begging for democracy will not bring us anywhere. Has it brought us the freedom of our language, the freedom of speech, freedom for education in our native language; are there any Kurdish institutions, universities? Where are the Kurdish names for our children, towns, landscapes? While we should be demanding our right for self-determination and independence, we don’t even dare to ask for some form of autonomy. The Kemalist and Islamist Turks will not accept even the basic human and ethnic rights; and the democratic Turks are only a few and totally powerless. What they are selling as democratic reforms is meaningless in practice or simply a show for the entertainment of the EU.

Wake up and understand: The Turks are afraid of real democracy. They instinctively know that it would mean losing more or even all of their conquered lands. They are not the indigenous people of this region and thus feel insecure in foreign territory. 500 years of occupation of Anatolia has not changed this fundamental reality in the Turkish psyche. They are descendants of conquerors and occupiers and there is no way back. As the Ottoman Empire was created and maintained with the Turkish sword, so today physical force remains the only instrument to maintain what is left. With the end of their empire, there is only one remaining target: the Kurds. As long as there are Kurds, they will be reminded that they are illegal occupiers; that it is not their country; that they are intruders; thieves, murderers. Real democracy will necessarily lead to acknowledgement of these facts, recognition of the Assyrian, Greek, Armenian, Kurdish genocides, and to compensation. Therefore, real democracy is not in the interest of the Turkish people as a principle, and it will never happen under such conditions.

Wake up and understand: A peaceful, equal, democratic co-existence between the Turkish and Kurdish peoples within the same borders is impossible as the Turks don’t accept the Kurdish nation. Therefore, it is wrong to think and irresponsible to suggest that as Kurds we do not need our own protective state when history clearly demonstrates and teaches that peoples and populations were massacred and genocided precisely because they did not have their own protective states, precisely because they did not have borders to protect them from genocidal assault.

Has mankind changed meantime? Do we now live in a world of brotherhood and justice? Have we overcome our barbaric instincts of attacking and destroying other cultures, of conquering other countries and enslaving native populations? Do warfare and ethnic cleansing belong to the past? Do cultures and countries fully and harmoniously cooperate to overcome their problems? Has the fighting and murdering for resources stopped, has the desire for imperial world dominion ended, are conflicts now being finally settled peacefully?

No, nothing has changed and the US and their “allies” are making sure that nothing will change and business continues as usual.

Democracy is not their language, so it should not be the one to use when confronted by them. This is a life or death confrontation, it is literally about survival or total annihilation. There is no time for illusions and self-delusions, we finally need to wake up and do what is possible and necessary. Let’s be clear and remember: In the Turkish and world media, in the propaganda of Western real-politics, we are terrorists whatever we do or say; the Turks and others make sure that our legitimate demands are officially regarded as terrorism and fought.

We need to focus on the task ahead: It is to fight for the liberation of Kurdistan, for the creation of a united Kurdish state. This is our right and obligation – and it is justified historically, morally, legally! This must be our only goal and it must be the goal of all Kurds under foreign occupation. An independent sovereign state is not a theoretical concept, it is essential to the life and culture of a people; it is the home, shelter, protector of the people. It is the only guarantor of its future! How can one deprecate the importance of a state? How can one suggest that it is an ideological entity; that it is a bourgeois invention or plot? That is absolutely irresponsible and the propaganda of the enemy. Our only chance is a clear understanding of our situation and determined implementation of a strategy leading to the declaration of the state of Kurdistan. Otherwise there will be no freedom, no security, and above all, there will be no dignity, no honour for the Kurdish nation. Without our own state; the Kurdish people will continue being in slavery, will remain at the mercy of hostile, aggressive powers, and will be constantly at risk of total physical annihilation by these powers at any time.

There is no other way but absolute liberation. The West has and will not help. On the contrary, with the Baku-Ceyhan pipeline, running through ancient Armenian and Kurdish territories, the American-Turkish-Israeli-Georgian alliance has been cemented for good. We must now seek for some kind of cooperation based on the principle that the enemy of your enemy is your friend. In our case, our enemies’ enemies are Russia and China. The US and Nato have plotted new strategies to harm these countries and keep them out of the central Asian oil and gas markets. Two new power blocks are forming now, the NATO plus local clients led by the USA/EU on the aggressive-imperial side and the SCO (Shanghai Cooperation Organization) and CSTO (Collective Security Treaty Organization) led by Russia and China on the defensive side. We are right in the middle of this confrontation, which seems to be inevitable and could lead to global wars. It will be impossible to remain neutral and if we don’t want to be crushed by both, we need to decide now where we will stand to achieve our goal of a free recognized Kurdistan.


September 23, 2008

CITIZEN'S UNITE!! defend the citizen's arrest warrants in DC !!!

September 23, 2008

CONTACT: Elliot Adams 518-441-2697,
Ellen Barfield 410-948-8023, Tarak Kauff 845 249-9489

IRAQ AND VIETNAM WAR VETERANS OCCUPY NATIONAL ARCHIVES BUILDING

"Arresting Bush and Cheney for war crimes will honor our oath to the Constitution," vets say.

On Tuesday morning, September 23, 7:30am, at the front of the National Archives Building on Constitution Ave. in Washington, D.C., five military veterans will risk arrest as they climb a 9-foot retaining fence and occupy a 35-foot high ledge to raise a 22x8 foot banner stating, "DEFEND OUR CONSTITUTION. ARREST BUSH AND CHENEY: WAR CRIMINALS!"

The group, which includes Vietnam and Iraq War veterans, has declared its intention to stay on the ledge, fasting for 24 hours
"in remembrance of those who have perished and those still suffering from the crimes of the Bush administration,"
according to a written statement. With a portable PA system, they will broadcast recorded statements from prominent Americans for the impeachment and/or arrest of George W. Bush and Richard Cheney.

"Citizens Arrest Warrants" will be distributed to people waiting in line to enter the National Archives.

The veterans emphasized they are taking this action because "Bush and Cheney's serial abuse of the Law of the Land clearly marks them as domestic enemies of the Constitution. They have illegally invaded and occupied Iraq, deliberately destroyed civilian infrastructure, authorized torture, and unlawfully detained prisoners. These actions clearly mark them as war criminals. Accountability extends beyond impeachment to prosecution for war crimes even after their terms of office expire."

"We take this action as a last resort," their statement added. "For years we have pursued every avenue open to good, vigilant citizens to bring these men to justice, to re-establish the rule of law, and to restore the balance of power described in our Constitution. We are not disturbing the peace; we are attempting to restore the peace. We are not conducting ourselves in a disorderly manner; our action is well-ordered and well-considered. We are not trespassing; we have come to the home of our Constitution to honor our oath to defend it."

Those participating are all members of Veterans For Peace and include Elliott Adams: 61, NY, VFP President and former Army paratrooper in Viet Nam; Ellen Barfield: 52, MD, former U.S. Army Sgt., full-time peace and justice advocate; Kim Carlyle: 61, NC, mountain homesteader, former Army Spec 5, 828-626-2572; Diane Wilson: 59, TX, shrimp boat captain, former Army medic, 361-785-4680; Doug Zachary: 58, TX, VFP staff, former USMC LCpl discharged as a conscientious objector, 512-791-9824; and Tarak Kauff (ground support) 67, NY, painting contractor, former U.S. Army Airborne.

Founded in 1985, VFP has 120 chapters throughout the country and has actively protested the Afghanistan and Iraq wars since their inception. Membership includes men and women veterans of all eras and duty stations spanning the Spanish Civil War, WWII, Korea, Vietnam and Iraq. VFP is an official Non Governmental Organization (NGO) represented at
the UN.


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