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

December 23, 2010

Secret cables reveal Washington intervened in Italy to defend CIA kidnappers

[http://www.wsws.org/articles/2010/dec2010/omar-d23.shtml]

By David Walsh
23 December 2010
The German magazine Spiegel reported December 17 that secret US diplomatic dispatches, released by WikiLeaks, reveal how American authorities put pressure on the Italian government to protect CIA agents responsible for kidnapping and torture.
US officials intervened aggressively with the government of Silvio Berlusconi, going so far as to threaten damaged relations between the two countries, to suppress the case against two dozen CIA agents who abducted Egyptian Islamist cleric Hassan Mustafa Osama Nasr, known as Abu Omar, in 2003.
In one of the most widely publicized cases of the illegal US practice of “extraordinary rendition,” Omar was abducted in broad daylight from the streets of Milan, taken to the US Air Force base at Aviano, and eventually transported to Cairo, where he was brutally tortured over the course of 14 months. He claims US agents were present during the abuse and interrogation. The imam was released by Egyptian authorities in 2004, later re-arrested and then released for good in 2007, with no criminal charges ever having been laid. He remains under house arrest.
Italian prosecutor Armando Spataro pieced together the CIA plot against Omar over the course of five years. The investigation led to the indictment of 26 Americans, including CIA and military personnel. Successive Italian governments, however, refused or ignored the prosecutors’ extradition requests.
In November 2009, a Milan judge—in the absence of the defendants—handed down sentences of five years in jail for 21 CIA operatives and a US Air Force officer and a sentence of eight years in prison for the primary organizer of the kidnapping, the former Milan CIA station chief, Robert Lady. Another three American citizens—including Lady’s boss, Jeff Castelli, head of the CIA in Italy in 2003—were acquitted on the grounds that they enjoyed diplomatic immunity. See: [Italian court convicts US agents in CIA rendition case [6 November 2009] http://www.wsws.org/articles/2009/nov2009/ital-n06.shtml]
Spiegel explains that starting in 2007, when the legal proceedings against the CIA kidnappers began in earnest, “the US government tried to intervene—first in Milan and then in Rome—so as to influence the investigations of the public prosecutor’s office.” The documents, reports the German periodical, “provide detailed descriptions of how both the American ambassador and US Secretary of Defense Robert Gates exerted direct pressure on the Italian government in Rome.”
Gates and the US ambassador wanted to be certain that the Berlusconi regime would use its influence to prevent international arrest warrants being issued for the CIA agents accused of involvement in the Abu Omar abduction, the type of arrest warrant issued for Julian Assange of WikiLeaks on phony sexual assault charges.
In May 2006, Spiegel reports, the American ambassador “relayed a threatening message: If arrest warrants were in fact issued, it could lead to a drastic deterioration in bilateral relations.” In notes following a conversation with a high-ranking Italian government official, the US ambassador wrote that he had explained that “nothing would damage relations faster or more seriously than a decision by the government of Italy to forward warrants for arrests” of the CIA agents in question.
The Italian government was more than happy to oblige. As Spiegel notes, “Even before the Americans started exerting pressure, the Italian government had already been doing all it could to cover up the Abu Omar affair,” in which its intelligence services were deeply involved. The magazine adds, “Other cables create the impression of a subservient stance on the part of the Italians—to the point that they became active accomplices. With startling frankness, members of the government suggest to the Americans that Italy’s independent judiciary could be easily manipulated.”
Discussions of this highly damaging affair went on at the highest levels. Defense Secretary Gates met with Prime Minister Berlusconi in February 2010 in an effort to obtain immunity for Joseph Romano, a US Air Force officer and one of those convicted in November 2009. According to a cable made public by WikiLeaks, Berlusconi told Gates that he “was working hard to resolve the situation.”
The Italian prime minister also told the Pentagon’s top man that the country’s justice system was “dominated by leftists” and that he had many enemies, especially among the public prosecutors. Berlusconi also predicted that the “courts will come down in our favor” on appeal.
On December 15, an Italian appeals court increased the sentences against the 23 Americans convicted in the abduction. The court added one year to the eight-year term handed down to former CIA station chief Lady and two years to the five-year terms given to the other 22 Americans convicted. The CIA criminals remain at liberty, but run the risk of arrest if they travel to Europe.

March 16, 2009

Torture: interesting NYT editorial today (about time!)

Op-Ed Contributor

Tales From Torture’s Dark World

Published: March 14, 2009

ON a bright sunny day two years ago, President George W. Bush strode into the East Room of the White House and informed the world that the United States had created a dark and secret universe to hold and interrogate captured terrorists.

“In addition to the terrorists held at Guantánamo,” the president said, “a small number of suspected terrorist leaders and operatives captured during the war have been held and questioned outside the United States, in a separate program operated by the Central Intelligence Agency.”

At these places, Mr. Bush said, “the C.I.A. used an alternative set of procedures.” He added: “These procedures were designed to be safe, to comply with our laws, our Constitution and our treaty obligations. The Department of Justice reviewed the authorized methods extensively and determined them to be lawful.” This speech will stand, I believe, as George W. Bush’s most important: perhaps the only historic speech he ever gave. In his fervent defense of his government’s “alternative set of procedures” and his equally fervent insistence that they were “lawful,” he set out before the country America’s dark moral epic of torture, in the coils of whose contradictions we find ourselves entangled still.

At the same time, perhaps unwittingly, Mr. Bush made it possible that day for those on whom the alternative set of procedures were performed eventually to speak. For he announced that he would send 14 “high-value detainees” from dark into twilight: they would be transferred from the overseas “black sites” to Guantánamo. There, while awaiting trial, the International Committee of the Red Cross would be “advised of their detention, and will have the opportunity to meet with them.”

A few weeks later, from Oct. 6 to 11 and then from Dec. 4 to 14, 2006, Red Cross officials — whose duty it is to monitor compliance with the Geneva Conventions and to supervise treatment of prisoners of war — traveled to Guantánamo and began interviewing the prisoners.

Their stated goal was to produce a report that would “provide a description of the treatment and material conditions of detention of the 14 during the period they were held in the C.I.A. detention program,” periods ranging “from 16 months to almost four and a half years.”

As the Red Cross interviewers informed the detainees, their report was not intended to be released to the public but, “to the extent that each detainee agreed for it to be transmitted to the authorities,” to be given in strictest secrecy to officials of the government agency that had been in charge of holding them — in this case the Central Intelligence Agency, to whose acting general counsel, John Rizzo, the report was sent on Feb. 14, 2007.

The result is a document — labeled “confidential” and clearly intended only for the eyes of those senior American officials — that tells a story of what happened to each of the 14 detainees inside the black sites.

A short time ago, this document came into my hands and I have set out the stories it tells in a longer article in The New York Review of Books. Because these stories were taken down confidentially in patient interviews by professionals from the International Committee of the Red Cross, and not intended for public consumption, they have an unusual claim to authenticity.

Indeed, since the detainees were kept strictly apart and isolated, both at the black sites and at Guantánamo, the striking similarity in their stories would seem to make fabrication extremely unlikely. As its authors state in their introduction, “The I.C.R.C. wishes to underscore that the consistency of the detailed allegations provided separately by each of the 14 adds particular weight to the information provided below.”

Beginning with the chapter headings on its contents page — “suffocation by water,” “prolonged stress standing,” “beatings by use of a collar,” “confinement in a box” — the document makes compelling and chilling reading. The stories recounted in its fewer than 50 pages lead inexorably to this unequivocal conclusion, which, given its source, has the power of a legal determination: “The allegations of ill treatment of the detainees indicate that, in many cases, the ill treatment to which they were subjected while held in the C.I.A. program, either singly or in combination, constituted torture. In addition, many other elements of the ill treatment, either singly or in combination, constituted cruel, inhuman or degrading treatment.”

•

Perhaps one should start with the story of the first man to whom, according to news reports, the president’s “alternative set of procedures” were applied:

“I woke up, naked, strapped to a bed, in a very white room. The room measured approximately 4 meters by 4 meters. The room had three solid walls, with the fourth wall consisting of metal bars separating it from a larger room. I am not sure how long I remained in the bed. After some time, I think it was several days, but can’t remember exactly, I was transferred to a chair where I was kept, shackled by hands and feet for what I think was the next two to three weeks. During this time I developed blisters on the underside of my legs due to the constant sitting. I was only allowed to get up from the chair to go [to] the toilet, which consisted of a bucket.

“I was given no solid food during the first two or three weeks, while sitting on the chair. I was only given Ensure and water to drink. At first the Ensure made me vomit, but this became less with time.

“The cell and room were air-conditioned and were very cold. Very loud, shouting-type music was constantly playing. It kept repeating about every 15 minutes, 24 hours a day. Sometimes the music stopped and was replaced by a loud hissing or crackling noise.

“The guards were American, but wore masks to conceal their faces. My interrogators did not wear masks.”

So begins the story of Abu Zubaydah, a senior member of Al Qaeda, captured in a raid in Pakistan in March 2002. The arrest of an active terrorist with actionable information was a coup for the United States.

After being treated for his wounds — he had been shot in the stomach, leg and groin during his capture — Abu Zubaydah was brought to one of the black sites, probably in Thailand, and placed in that white room.

It is important to note that Abu Zubaydah was not alone with his interrogators, that everyone in that white room — guards, interrogators, doctor — was in fact linked directly, and almost constantly, to senior intelligence officials on the other side of the world. “It wasn’t up to individual interrogators to decide, ‘Well, I’m going to slap him. Or I’m going to shake him,’” said John Kiriakou, a C.I.A. officer who helped capture Abu Zubaydah, in an interview with ABC News.

Every one of the steps taken with regard to Abu Zubaydah “had to have the approval of the deputy director for operations. So before you laid a hand on him, you had to send in the cable saying, ‘He’s uncooperative. Request permission to do X.’”

He went on: “The cable traffic back and forth was extremely specific.... No one wanted to get in trouble by going overboard.”

Shortly after Abu Zubaydah was captured, C.I.A. officers briefed the National Security Council’s principals committee, including Vice President Dick Cheney, the national security adviser, Condoleezza Rice, and Attorney General John Ashcroft, in detail on the interrogation plans for the prisoner. As the interrogations proceeded, so did the briefings, with George Tenet, the C.I.A. director, bringing to senior officials almost daily reports of the techniques applied.

At the time, the spring and summer of 2002, Justice Department officials, led by John Yoo, were working on a memorandum, now known informally as “the torture memo,” which claimed that for an “alternative procedure” to be considered torture, and thus illegal, it would have to cause pain of the sort “that would be associated with serious physical injury so severe that death, organ failure, or permanent damage resulting in a loss of significant body function will likely result.” The memo was approved in August 2002, thus serving as a legal “green light” for interrogators to apply the most aggressive techniques to Abu Zubaydah:

“I was taken out of my cell and one of the interrogators wrapped a towel around my neck; they then used it to swing me around and smash me repeatedly against the hard walls of the room.”

The prisoner was then put in a coffin-like black box, about 4 feet by 3 feet and 6 feet high, “for what I think was about one and a half to two hours.” He added: The box was totally black on the inside as well as the outside.... They put a cloth or cover over the outside of the box to cut out the light and restrict my air supply. It was difficult to breathe. When I was let out of the box I saw that one of the walls of the room had been covered with plywood sheeting. From now on it was against this wall that I was then smashed with the towel around my neck. I think that the plywood was put there to provide some absorption of the impact of my body. The interrogators realized that smashing me against the hard wall would probably quickly result in physical injury.”

After this beating, Abu Zubaydah was placed in a small box approximately three feet tall. “They placed a cloth or cover over the box to cut out all light and restrict my air supply. As it was not high enough even to sit upright, I had to crouch down. It was very difficult because of my wounds. The stress on my legs held in this position meant my wounds both in the leg and stomach became very painful. I think this occurred about three months after my last operation. It was always cold in the room, but when the cover was placed over the box it made it hot and sweaty inside. The wound on my leg began to open and started to bleed. I don’t know how long I remained in the small box; I think I may have slept or maybe fainted.

“I was then dragged from the small box, unable to walk properly, and put on what looked like a hospital bed, and strapped down very tightly with belts. A black cloth was then placed over my face and the interrogators used a mineral water bottle to pour water on the cloth so that I could not breathe. After a few minutes the cloth was removed and the bed was rotated into an upright position. The pressure of the straps on my wounds was very painful. I vomited.

“The bed was then again lowered to horizontal position and the same torture carried out again with the black cloth over my face and water poured on from a bottle. On this occasion my head was in a more backward, downwards position and the water was poured on for a longer time. I struggled against the straps, trying to breathe, but it was hopeless.”

After being placed again in the tall box, Abu Zubaydah “was then taken out and again a towel was wrapped around my neck and I was smashed into the wall with the plywood covering and repeatedly slapped in the face by the same two interrogators as before.

“I was then made to sit on the floor with a black hood over my head until the next session of torture began. The room was always kept very cold.

This went on for approximately one week.”

•

Walid bin Attash, a Saudi involved with planning the attacks on American embassies in Africa in 1998 and on the Navy destroyer Cole in 2000, was captured in Pakistan on April 29, 2003:

“On arrival at the place of detention in Afghanistan I was stripped naked. I remained naked for the next two weeks.... I was kept in a standing position, feet flat on the floor, but with my arms above my head and fixed with handcuffs and a chain to a metal bar running across the width of the cell. The cell was dark with no light, artificial or natural.”

This forced standing, with arms shackled above the head, seems to have become standard procedure. It proved especially painful for Mr. bin Attash, who had lost a leg fighting in Afghanistan:

“After some time being held in this position my stump began to hurt so I removed my artificial leg to relieve the pain. Of course my good leg then began to ache and soon started to give way so that I was left hanging with all my weight on my wrists.”

Cold water was used on Mr. bin Attash in combination with beatings and the use of a plastic collar, which seems to have been a refinement of the towel that had been looped around Abu Zubaydah’s neck:

“On a daily basis during the first two weeks a collar was looped around my neck and then used to slam me against the walls of the interrogation room. It was also placed around my neck when being taken out of my cell for interrogation and was used to lead me along the corridor. It was also used to slam me against the walls of the corridor during such movements.

“Also on a daily basis during the first two weeks I was made to lie on a plastic sheet placed on the floor which would then be lifted at the edges. Cold water was then poured onto my body with buckets.... I would be kept wrapped inside the sheet with the cold water for several minutes. I would then be taken for interrogation.”

•

Khalid Shaikh Mohammed, the key planner of the 9/11 attacks, was captured in Pakistan on March 1, 2003.

After three days in what he believes was a prison in Afghanistan, Mr. Mohammed was put in a tracksuit, blindfold, hood and headphones, and shackled and placed aboard a plane. He quickly fell asleep — “the first proper sleep in over five days” — and remains unsure of how long the journey took. On arrival, however, he realized he had come a long way:

“I could see at one point there was snow on the ground. Everybody was wearing black, with masks and army boots, like Planet X people. I think the country was Poland. I think this because on one occasion a water bottle was brought to me without the label removed. It had [an] e-mail address ending in ‘.pl.’”

He was stripped and put in a small cell. “I was kept for one month in the cell in a standing position with my hands cuffed and shackled above my head and my feet cuffed and shackled to a point in the floor,” he told the Red Cross.

“Of course during this month I fell asleep on some occasions while still being held in this position. This resulted in all my weight being applied to the handcuffs around my wrist, resulting in open and bleeding wounds. [Scars consistent with this allegation were visible on both wrists as well as on both ankles.] Both my feet became very swollen after one month of almost continual standing.”

For interrogation, Mr. Mohammed was taken to a different room. The sessions lasted for as long as eight hours and as short as four.

“If I was perceived not to be cooperating I would be put against a wall and punched and slapped in the body, head and face. A thick flexible plastic collar would also be placed around my neck so that it could then be held at the two ends by a guard who would use it to slam me repeatedly against the wall. The beatings were combined with the use of cold water, which was poured over me using a hose-pipe.”

As with Abu Zubaydah, the harshest sessions involved the “alternative set of procedures” used in sequence and in combination, one technique intensifying the effects of the others:

“The beatings became worse and I had cold water directed at me from a hose-pipe by guards while I was still in my cell. The worst day was when I was beaten for about half an hour by one of the interrogators. My head was banged against the wall so hard that it started to bleed. Cold water was poured over my head. This was then repeated with other interrogators. Finally I was taken for a session of water boarding. The torture on that day was finally stopped by the intervention of the doctor.”

Reading the Red Cross report, one becomes somewhat inured to the “alternative set of procedures” as they are described: the cold and repeated violence grow numbing. Against this background, the descriptions of daily life of the detainees in the black sites, in which interrogation seems merely a periodic heightening of consistently imposed brutality, become more striking.

Here again is Mr. Mohammed:

“After each session of torture I was put into a cell where I was allowed to lie on the floor and could sleep for a few minutes. However, due to shackles on my ankles and wrists I was never able to sleep very well.... The toilet consisted of a bucket in the cell, which I could use on request” — he was shackled standing, his hands affixed to the ceiling — “but I was not allowed to clean myself after toilet during the first month.... I wasn’t given any clothes for the first month. Artificial light was on 24 hours a day, but I never saw sunlight.”

•

Abu Zubaydah, Walid bin Attash, Khalid Shaikh Mohammed — these men almost certainly have blood on their hands. There is strong reason to believe that they had critical parts in planning and organizing terrorist operations that caused the deaths of thousands of people. So in all likelihood did the other “high-value detainees” whose treatment while secretly confined by the United States is described in the Red Cross report.

From everything we know, many or all of these men deserve to be tried and punished — to be “brought to justice,” as President Bush vowed they would be. The fact that judges, military or civilian, throw out cases of prisoners who have been tortured — and have already done so at Guantánamo — means it is highly unlikely that they will be brought to justice anytime soon.

For the men who have committed great crimes, this seems to mark perhaps the most important and consequential sense in which “torture doesn’t work.” The use of torture deprives the society whose laws have been so egregiously violated of the possibility of rendering justice. Torture destroys justice. Torture in effect relinquishes this sacred right in exchange for speculative benefits whose value is, at the least, much disputed.

As I write, it is impossible to know definitively what benefits — in intelligence, in national security, in disrupting Al Qaeda — the president’s approval of use of an “alternative set of procedures” might have brought to the United States. Only a thorough investigation, which we are now promised, much belatedly, by the Senate Intelligence Committee, can determine that.

What we can say with certainty, in the wake of the Red Cross report, is that the United States tortured prisoners and that the Bush administration, including the president himself, explicitly and aggressively denied that fact. We can also say that the decision to torture, in a political war with militant Islam, harmed American interests by destroying the democratic and Constitutional reputation of the United States, undermining its liberal sympathizers in the Muslim world and helping materially in the recruitment of young Muslims to the extremist cause. By deciding to torture, we freely chose to embrace the caricature they had made of us. The consequences of this choice, legal, political and moral, now confront us. Time and elections are not enough to make them go away.

Mark Danner, a professor of journalism at the University of California, Berkeley, and Bard College, is the author of "Torture and Truth: America, Abu Ghraib and the War on Terror.” This essay is drawn from a longer article in the new issue of The New York Review of Books, available at www.nybooks.com.

March 15, 2009

War crimes update(s)

The world's great genocide test

Nat Hentoff
Monday, March 16, 2009

In 2005, after I had long been covering the atrocities committed by Sudan's president, Gen. Omar Hassanal-Bashir, on black Christians and animists in the south - followed by his genocide against black Muslims in Darfur - I saw an urgent message in The Washington Post by two senators, Democrat Barack Obama of Illinois and Republican Sam Brownback of Kansas. With the United Nations characteristically useless, the senators gave me some hope this holocaust could be ended.

In "Policy adrift in Darfur," the senators (Mr. Brownback has actually gone to Darfur) wrote: "If the United States does not change its approach to Darfur, an already grim situation is likely to spiral out of control. ... When the history of this tragedy is written, nobody will remember how many times officials visited the region or how much humanitarian aid was delivered. They will only remember the death toll."

As the death toll continued to mount, there was hope again on March 4 when the International Criminal Court at last issued an arrest warrant for Africa's Hitler, Gen. al-Bashir. He is charged with five crimes against humanity: murder, extermination, forcible transfer (of civilian populations), torture and rape.

This personification of evil will also be tried, if he can be apprehended, for two war crimes: intentionally directing attacks against civilians and for pillaging, his forces stealing livestock and burning villages, with black infants sometimes tossed into the flames. Strangely, the charge of genocide is not included, although there is ample evidence that Gen. al-Bashir fully intended to destroy the black tribes of Darfur - as his ruthless Janjaweed killers kept gleefully assuring their victims.

Also on March 4, before an orchestrated, huge crowd in Khartoum, Gen. al-Bashir, as he was dancing and swaying, told the ICC to "eat" its arrest warrant while the cheering crowd burned in effigy the court's undeviating chief prosecutor, Luis Moreno-Ocampo, who clearly should have been Time magazine's "Man of the Year."

In further strutting his contempt of the ICC, Gen. al-Bashir commanded 13 foreign humanitarian organizations to get out of the country within 24 hours as his thugs ransacked their offices, taking computers and whatever cash they could find.

U.N. Secretary-General Ban Ki-moon, at last summoning what appeared to be real clear anger at the bloodthirsty head of a sovereign state, emphasized that 4.7 million of Gen. al-Bashir's people are in need of aid. These are such basic needs as food, drinking water and medical care.

Amid clinics closing and deteriorating sanitation, such infectious diseases as cholera will spread. On March 6, The Washington Times and the Associated Press quoted World Health Organization spokeswoman Fadela Chaib on an outbreak of meningitis in Nyala, south of Darfur. Precisely in that area the Dutch branch of Doctors Without Borders was carrying out meningitis vaccinations. But this indispensable humanitarian organization was one of the 13 expelled by Gen. al-Bashir.

Said one of its ousted workers, who had been assigned to one of Darfur's largest refugee camps, "People have nothing there. The meningitis outbreak alone could lead to thousands of deaths." (The Washington Post, March 5.)

On Feb. 21, anticipating the ICC's issuance of this first arrest warrant for a sitting head of state, Gen. al-Bashir's rightly feared head of Sudan's National Security and Intelligence Service, Salah Gosh (a sometimes CIA Intelligence source about terrorists in Africa, but not in Khartoum) has warned anyone anywhere who intended to actually arrest his commander in chief:

"Anyone who attempts to put his hands to execute [International Criminal Court] plans, we will cut his hands, head and parts because it is a non-negotiable issue." And with unexpected frankness, he added (as reported by the invaluable sudantribune.com):

"We [the government] were Islamic extremists, then became moderate and civilized, believing in peace and life for everyone. However, we will revert back to how we were if necessary. There is nothing any easier than that." Mr. Gosh somehow omitted saying actually when the former National Islamic Front government had become civilized.

Presumably, Gen. al-Bashir is a wanted man anywhere he travels. The ICC's court registrar, Silvana Arbia, declares that the obligation to surrender Gen. al-Bashir falls on all 108 countries that are part of the ICC; members of the U.N. Security Council; "and any other state as may be necessary." And chief Prosecutor Moreno-Ocampo insists:

"The judges were clear. There is no immunity for heads of states before the ICC. As soon as al-Bashir travels through international air space, he can be arrested. It will be two months or two years, but he will face justice."

Will he really be in the dock at The Hague?

Next week: With Gen. al-Bashir still a free genocidaire, the only realistic way, so far, to ensure he and justice will finally meet begins with, as I shall explain, no-fly zones over Sudan. It will be up to NATO; the European Union, particularly France; and President Obama. George W. Bush was the first head of state to call this Sudan holocaust genocide. But it continued, and grew. Barack Obama's administration is "urgently" reviewing what should be done. We'll see.

Nat Hentoff is a nationally renowned authority on the First Amendment and the Bill of Rights. He is a member of the Reporters Committee for Freedom of the Press and is a senior fellow at the Cato Institute.


And this on Tony Blair:

February 03, 2009

Incredible read!! Newest BuZh-Cheney OUTRAGE !!

From today's Think Progress !!


Loyal Bushies Create Bush-Cheney Alumni Association Website To ‘Help Build A Lasting Legacy’»

Even before President Bush left office, he and his loyal Bushies were hard at work shaping his legacy, comparing him to Abraham Lincoln and claiming his failed policies were smashing successes. Work on his presidential library has also been increasing in recent months.

The newest installment of “George Bush is a wonderful person” is now online: the Bush-Cheney Alumni Association website. All Bush employees, appointees, interns, campaign donors, and volunteers are eligible to join. The site’s mission is to be “a forum in which alumni can stay connected and help build a lasting legacy for President George W. Bush and the Bush-Cheney Administration.”

The site contains a considerable amount of hagiography, with the highlighted “Bush Record Documents” compilations called:

– The Bush Record: Praise For President’s Accomplishments

– The Bush Record: More Praise For President’s Accomplishments

– The Bush Record: Praise Continues For President’s Accomplishments

Many of the articles were written by conservative columnists or former Bush aides. A look at the site:

bushalum.gif

These loyal Bushies have also set up several Facebook pages, including “Bush Cheney Alumni,” “Bush-Cheney Administration Alumni,” “White House Advance - Bush/Cheney 2001-2009,” and “Thank You President Bush.” Users on those sites have left comments such as: “Is it too soon to miss them?” and “Got a kiss from W yesterday at his farewell ceremony at Andrews :o(.”



Leila Khaled with Fight Back! editor Mick Kelly

This is a quick little audio interview with Leila Khaled, a leader of the Popular Front for the Liberation of Palestine.

The interview was conducted by Mick Kelly, editor of Fight Back!

(Fight Back! is the newspaper of one of the two Freedom Road Socialist Organizations that emerged from the FRSO split in 1999.)

This audio interview and the associated article in Fighting Back! can be viewed here.

November 21, 2008

Obama Advisers Say No Charges Likely Against Those Who Authorized Torture

Ugh.

Read It and Weep Department, Mach 1000

Unbelievable. "How can you decide guilt or innocence without a fair hearing," one asks.


Washington - Barack Obama's incoming administration is unlikely to bring criminal charges against government officials who authorized or engaged in harsh interrogations of suspected terrorists during the George W. Bush presidency. Obama, who has criticized the use of torture, is being urged by some constitutional scholars and human rights groups to investigate possible war crimes by the Bush administration.

Two Obama advisers said there's little - if any - chance that the incoming president's Justice Department will go after anyone involved in authorizing or carrying out interrogations that provoked worldwide outrage.

The advisers spoke on condition of anonymity because the plans are still tentative. A spokesman for Obama's transition team did not respond to requests for comment Monday.

Additionally, the question of whether to prosecute may never become an issue if Bush issues pre-emptive pardons to protect those involved.

Obama has committed to reviewing interrogations on al-Qaida and other terror suspects. After he takes office in January, Obama is expected to create a panel modeled after the 9/11 Commission to study interrogations, including those using waterboarding and other tactics that critics call torture. The panel's findings would be used to ensure that future interrogations are undisputedly legal.

"I have said repeatedly that America doesn't torture, and I'm going to make sure that we don't torture," Obama said Sunday on CBS' "60 Minutes." "Those are part and parcel of an effort to regain America's moral stature in the world."

Obama's most ardent supporters are split on whether he should prosecute Bush officials.

Asked this weekend during a Vermont Public Radio interview if Bush administration officials would face war crimes, Senate Judiciary Chairman Patrick Leahy flatly said,

"In the United States, no."

"These things are not going to happen,"

said Leahy, D-Vt.

Robert Litt, a former top Clinton administration Justice Department prosecutor, said Obama should focus on moving forward with anti-torture policy instead of looking back.

"Both for policy and political reasons, it would not be beneficial to spend a lot of time hauling people up before Congress or before grand juries and going over what went on," Litt said at a Brookings Institution discussion about Obama's legal policy. "To as great of an extent we can say, the last eight years are over, now we can move forward - that would be beneficial both to the country and the president, politically."

But Michael Ratner, a professor at Columbia Law School and president of the Center for Constitutional Rights, said prosecuting Bush officials is necessary to set future anti-torture policy.

"The only way to prevent this from happening again is to make sure that those who were responsible for the torture program pay the price for it," Ratner said. "I don't see how we regain our moral stature by allowing those who were intimately involved in the torture programs to simply walk off the stage and lead lives where they are not held accountable."

In the years after the Sept. 11, 2001, terror attacks, the White House authorized U.S. interrogators to use harsh tactics on captured al-Qaida and Taliban suspects. Bush officials relied on a 2002 Justice Department legal memo to assert that its interrogations did not amount to torture - and therefore did not violate U.S. or international laws. That memo has since been rescinded.

At least three top al-Qaida operatives - including 9/11 mastermind Khalid Sheik Mohammed - were waterboarded in 2002 and 2003 because of intelligence officials' belief that more attacks were imminent. Waterboarding creates the sensation of drowning, and has been traced back hundreds of years and is condemned by nations worldwide.

Bush could take the issue of criminal charges off the table with one stroke of his pardons pen.

Whether Bush will protect his top aides and interrogators with a pre-emptive pardon - before they are ever charged - has become a hot topic of discussion in legal and political circles in the administration's waning days. White House deputy press secretary Tony Fratto declined to comment on the issue.

Under the Constitution, the president's power to issue pardons is absolute and cannot be overruled.

Pre-emptive pardons would be highly controversial, but former White House counsel Arthur B. Culvahouse Jr. said it would protect those who were following orders or otherwise trying to protect the nation.

"I know of no one who acted in reckless disregard of U.S. law or international law," said Culvahouse, who served under President Ronald Reagan. "It's just not good for the intelligence community and the defense community to have people in the field, under exigent circumstances, being told these are the rules, to be exposed months and years after the fact to criminal prosecution."

The Federalist Papers discourage presidents from pardoning themselves. It took former President Gerald Ford to clear former President Richard Nixon of wrongdoing in the 1972 Watergate break-in.


October 10, 2008

Attorneys, Scholars, Activist Groups Call for Impeachment if Bush Pardons Himself or His Subordinates

Please add your name as an individual or organization by registering / logging in, and then signing the petition.

The Steering Committee of the Justice Robert Jackson Conference On Prosecution of High Level War Criminals plans to demand the immediate impeachment of George W. Bush if he issues any last minute pardons covering himself or any of his subordinates. The president can be impeached and convicted even after leaving office.

The Steering Committee has released the following statement:

The presidential pardon power must not be distorted to include the power to self-pardon the president, or to pardon any staff or contractors of the executive branch, including the vice president, for crimes authorized by the president. The unconstitutionality of self pardons is discussed at length in "Pardon Me? The Constitutional Case Against Presidential Self-Pardons,"

by Brian C. Kalt in the Yale Law Journal, December 1, 1996: http://www.jstor.org/pss/797310

A self pardon by the President for himself or those who carried out his illegal orders to commit war crimes, said the Steering Committee of the Robert Jackson Conference, would make a mockery of the rule of law. It would, in fact, largely put an end to the rule of law. It is frankly inconceivable, said the Steering Committee, that the framers, who sought the rule of law instead of kingly tyranny, could have intended this.

The Steering Committee noted that Bush’s commutation of the sentence of Lewis “Scooter” Libby, who helped carry out Bush’s plans, suggests the possibility of an attempted self pardon by Bush in the future. Also, the famed journalist Stuart Taylor has suggested a self pardon covering war crimes committed by Bush and his colleagues. A self pardon covering Bush and/or his subordinates, however, would require an immediate impeachment and conviction of the culprits in order to disqualify them from holding any U.S. office in the future and to avoid setting an awful precedent for future presidents to pardon their own crimes and those of subordinates.


October 01, 2008

ASIL Insights: Adoption of the Convention on Cluster Munitions

By Priya Pillai

On May 30, 2008, delegates at the Dublin Diplomatic Conference on Cluster Munitions adopted the Convention on Cluster Munitions (CCM), a new treaty that seeks to ban the use, development, acquisition, stockpiling, retention, and transfer of cluster munitions.[1] The CCM will be opened for signature on December 3, 2008 (CCM, Article 15). This Insight provides background on the development of this new treaty and describes the key components of the CCM.

The Cluster Munitions Problem

Cluster munitions are weapons that disperse sub-munitions or small bombs over a wide area. Cluster munitions have been used in a number of conflicts across the world. The most recent widespread use of cluster munitions took place in the conflict between Israel and Hezbollah in Lebanon in 2006, where Israel used an estimated 4 million sub-munitions delivered by cluster bombs.[2]

Use of cluster munitions in areas with concentrations of civilians increases the likelihood that such use cannot discriminate between a military and a civilian target. Experts have also argued that the harm cluster munitions cause to civilians violates the proportionality test in international humanitarian law.[3] In addition, once a conflict is over, many unexploded cluster munitions cause death and disabilities among civilians. The inaccuracy, disproportionate civilian harm, and unreliability of cluster munitions account for widespread condemnation of their use and stimulated growing calls for a prohibition on such weapons.[4]

The Diplomatic Negotiations on the Cluster Munitions Convention

Although Protocol V on Explosive Remnants of War of the Convention on Conventional Weapons relates to unexploded ordnance, it does not ban the production, use, or stockpiling of any weapon.[5] The failure of States to negotiate a ban on cluster munitions within this treaty framework led to calls for a process outside the Convention on Conventional Weapons. Thus, treaty negotiations commenced with the Oslo Conference on Cluster Munitions in February 2007, at which the delegates determined to conclude a treaty banning cluster munitions by the end of 2008.

The Wellington Declaration of February 2008 laid down some fundamental principles to guide the negotiation of the treaty.[6] The last step was the Dublin Diplomatic Conference in May 2008, during which over a hundred states as well as humanitarian organizations deliberated on the final text of the treaty. The Dublin Conference used the Draft Cluster Munitions Convention of 21 January 2008 (Draft Convention) to finalize the text of the CCM.[7] However, not all states participated in the CCM negotiations. Notable absentees were countries that produce, stockpile, and use cluster munitions, including the United States, Israel, India, and China.

Overview of the Cluster Munitions Convention

General obligations and scope of application (Article 1)

Under Article 1(1), States Parties agree never under any circumstances to use, produce, acquire, transfer, and stockpile cluster munitions, or to assist, encourage, or induce anyone to engage in any of these prohibited activities. The use of the term “anyone” includes individuals and non-state actors, and is not restricted to states. The CCM does not apply to mines (Article 1(3)).

Some states wanted to permit the use of cluster munitions upon a declaration at the time of accession, for a finite number of years, “only when strictly necessary.”[8] Another proposal wanted to delay the obligations under the treaty for a period of years after entry into force of the treaty.[9] However, the CCM does not include these proposals.

Definition of “cluster munition” (Article 2(2))

The CCM defines a cluster munition as “a conventional munition that is designed to disperse or release explosive submunitions each weighing less than 20 kilograms, and includes those explosive submunitions” (Article 2(2)). The CCM excludes from this definition:

  • A munition or submunition designed to dispense flares, smoke, pyrotechnics, or chaff; or a munition designed for an air defense role [e.g., anti-aircraft munitions];
  • A munition or submunition designed to produce electrical or electronic effects; and
  • A munition that has all the following characteristics:
    • Each munition has fewer than ten explosive submunitions;
    • Each explosive submunition: (1) weighs less than four kilograms; (2) is designed to detect and engage a single target object; and (3) is equipped with both an electronic destruction mechanism and an electronic self-deactivating feature.

Destruction of cluster munitions (Article 3)

The CCM requires States Parties to destroy their stockpiles of cluster munitions as soon as possible but not later than eight years from the CCM’s entry into force (Article 3(2)). A State Party can request an extension of up to four years from a Meeting of the States Parties or a Review Conference (Article 3(3)). In exceptional circumstances, a State Party may request additional extensions of up to four years (Article 3(3)). States Parties shall consider such extension requests and decide by a majority vote whether to grant them (Article 3(5)). States Parties may agree to grant an extension for a shorter period of time than requested (Article 3(5)).

The CCM permits States Parties to retain the minimum number of cluster munitions absolutely necessary for the purposes of training in munitions destruction and detection (Article 3(6)).[10] The CCM allows States Parties to transfer cluster munitions to each other for destruction (Article 3(7)). To guard against abuse, States Parties retaining cluster munitions for training purposes or transferring such munitions for destruction must submit a detailed report to the UN Secretary-General on the planned and actual use of the cluster munitions and their type, quantity, and lot numbers (Article 3(8)).

Clearance and destruction of cluster munition remnants (Article 4)

The CCM requires States Parties to clear and destroy cluster munition remnants in areas under their jurisdiction or de facto control (Article 4(1)). The CCM defines “cluster munition remnants” as failed or abandoned, munitions and unexploded sub-munitions and bomblets (Article 2(7)). For cluster munition remnants that exist at the time the CCM enters into force, the State Party with jurisdiction or control must clear and destroy such remnants within ten years of such entry into force (Article 4(1)(a)). For cluster munition remnants created after the CCM’s entry into force, the State Party with jurisdiction or control must clear and destroy such remnants no later than ten years after the end of the hostilities in which the cluster munitions were used (Article 4(1)((b)). States Parties may request a renewable five-year extension for complying with the duty to clear and destroy cluster munition remnants (Article 4(5), (8)), and States Parties shall decide whether to grant such extensions, or shorter ones, at Meetings of States Parties or Review Conferences (Article 4(6)-(7)).

In cases where a State Party used or abandoned cluster munitions prior to the CCM’s entry into force in areas under the jurisdiction or control of another State Party, and those munitions became cluster munition remnants before the CCM’s entry into force, the CCM encourages the former State Party to provide assistance to the latter State Party in clearing and destroying such remnants (Article 4(4)(a)).

Victim assistance (Article 5)

Despite efforts during the negotiations to define “cluster munition victims” only to cover those directly affected,[11] the CCM defines such victims broadly to cover death, physical or psychological injury, economic loss, social marginalization, or substantial impairment of the realization of their rights caused by the use of cluster munitions (Article 2(1)). This definition includes persons directly affected as well as their affected families and communities (Article 2(1)).

The CCM requires States Parties to provide, in accordance with international humanitarian and human rights law, age- and gender-sensitive assistance, including medical care, rehabilitation, psychological support, social and economic inclusion efforts, to cluster munition victims (Article 5(1)). States Parties must also make every effort to collect data on cluster munition victims (Article 5(1)) and implement specific policies and measures to support the obligation to provide assistance to victims (Article 5(2)).[12]

International cooperation and transparency measures (Articles 6-7)

The CCM stresses that each State Party has a right to seek and receive assistance (Article 6(1)) and an obligation to provide assistance, when in a position to do so, to States Parties affected by cluster munitions (Article 6(2)), for clearance and destruction of cluster munition remnants (Article 6(4)), for destruction of cluster munition stockpiles (Article 6(5)), for assistance to cluster munition victims (Article 6(7)), and for helping States Parties recover economically and socially from cluster munition use (Article 6(8)). Assistance under the CCM can be provided through the United Nations, regional and national organizations, non-governmental organizations and other organizations such as the International Committee of the Red Cross (Article 6(2), (7)).

To enhance transparency, the CCM includes a mandatory and detailed reporting mechanism involving the UN Secretary-General, which commences 180 days after the CCM’s entry into force and includes annual update reports (Article 7(1)-(2)). These reporting requirements cover a wide range of information, including the status and progress of efforts to destroy cluster munitions, to clear and destroy cluster munition remnants, and to provide assistance to cluster munition victims (Article 7(1)).

National implementation, compliance facilitation, and dispute settlement (Articles 8-10)

The CCM contains numerous obligations relating to States Parties facilitating compliance with the treaty and clarifying questions relating to compliance (Article 8). States Parties are also required to take all appropriate national measures, including penal legislation, to prevent and suppress any activity the CCM prohibits (Article 9). Disputes under the CCM may be settled through mediation or other peaceful means, including referral to the International Court of Justice (Article 10).

Administrative mechanisms and development of the Convention (Articles 11-14)

The CCM requires regular meetings of the States Parties in the form of annual Meetings of States Parties (Article 11) and periodic Review Conferences (Article 12). Amendments to the CCM shall be discussed at Amendment Conferences, adopted by a two-thirds majority of States Parties present and voting at Amendment Conferences, and enter into force for States Parties that accept the amendments (Article 13). States Parties shall bear the cost of operating the CCM in accordance with the UN scale of assessment, as appropriately adjusted (Article 14).

Reservations and right of withdrawal (Articles 19-20)

The CCM does not permit any reservations (Article 19), but it allows States Parties to withdraw after six months notification, which should include full explanation of the reasons for the withdrawal (Article 20(2)). Notification of withdrawal does not become effective if the withdrawing State Party is engaged in an armed conflict when the six-month notification period expires (Article 20(3)). Instead, the withdrawal becomes effective after the end of the armed conflict (Article 20(3)).

Relations with states not party to the Convention (Article 21)

The CCM allows States Parties to engage in military cooperation and operations with States not party to the treaty that might engage in activities the CCM prohibits (Article 21(3)). This provision originated in amendments proposed by NATO countries concerned about the CCM’s potential effect on their military relationships with the United States, which was not present at the Dublin Conference and was unlikely to join the Convention.[13]

Entry into force (Article 17)

The CCM will enter into force six months after the 30th instrument of ratification or accession, acceptance or approval is deposited. Subsequently, for each depositary state, the CCM will enter into force six months after submission of the instrument.

Conclusion

The CCM is an important step in the development of international humanitarian law because it creates legally binding obligations on States Parties to prohibit the use and development of cluster munitions, destroy cluster munitions, clear and destroy cluster munition remnants, and assist cluster munition victims. However, many States that produce and use cluster munitions did not participate in the negotiations and, at present, shown no intention of becoming parties to the CCM. Article 21 allows States Parties to continue military cooperation and operations with States that decide not to join the CCM, potentially weakening a source of leverage for States Parties to encourage non-party States to accede to the treaty. What effect Article 21 might have on the CCM’s impact on the production and use of cluster munitions will not be known until after the CCM has entered into force.

About the Author

Priya Pillai (B.A., LL.B. (Hons.), and LL.M. (NYU)) is a Legal Officer at the International Federation of Red Cross and Red Crescent Societies, Geneva. The opinion in this Insight is the personal view of the author, and does not reflect the views of the organization.

References

[1] Convention on Cluster Munitions, CCM/77, May 30, 2008 available at http://www.clustermunitionsdublin.ie/pdf/ENGLISHfinaltext.pdf

[2] Fatal Footprint: The Global Human Impact of Cluster Munitions, Preliminary Report November 2006, Handicap International, p. 35, available at http://www.handicap-international.org.uk/page_597.php

[3] Cluster Munitions and the Proportionality Test, Memorandum to the Delegates of the Convention on Conventional Weapons, Harvard Human Rights Clinic and Human Rights Watch, April 2008, available at http://hrw.org/backgrounder/arms/arms0408/

[4] Statement by Jakob Kellenberger, President International Committee of the Red Cross, at the opening ceremony of the Dublin Diplomatic Conference on Cluster Munitions, May 19, 2008, available at http://www.icrc.org/web/eng/siteeng0.nsf/html/cluster-statement-190508

[5] Protocol on Explosive Remnants of War (Protocol V), Nov. 28, 2003, Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects as amended on 21 December 2001, Oct. 10, 1980, 1342 U.N.T.S. 137, 19 I.L.M. 1523.

[6] Declaration of the Wellington Conference on Cluster Munitions, Feb. 18-22, 2008, available at http://www.clustermunitionsdublin.ie/pdf/declaration-well-en_001.pdf

[7] Draft Cluster Munitions Convention, CCM/3, Jan. 21, 2008, available at http://www.clustermunitionsdublin.ie/pdf/CCM3_001.pdf

[8] Proposal by Japan for the Amendment of Article 1, CCM/10, available at http://www.clustermunitionsdublin.ie/documents.asp

[9] Proposal by the United Kingdom for the amendment of Article 1, CCM/14, available at http://www.clustermunitionsdublin.ie/documents.asp

[10] Article 3(6), CCM.

[11] Proposal by the U.K for the amendment of Article 2, CCM/23, available at http://www.clustermunitionsdublin.ie/documents.asp

[12] Some of these policies and measures include assessing the needs of cluster munition victims, developing a national plan and budget for such support, mobilizing resources, consulting with cluster munition victims and their organizations, and incorporating relevant guidelines and good practices involving victim support. CCM, Article 5(2).

[13] Proposal by Germany, supported by Denmark, France, Italy, Slovakia, Spain, the Czech Republic and the United Kingdom for the amendment of Article 1, CCM/13, available at http://www.clustermunitionsdublin.ie/documents.asp; and Proposal by France for the amendment of Article 1, CCM/16, available at http://www.clustermunitionsdublin.ie/documents.asp.


September 28, 2008

PROSECUTION IS ON THE TABLE IN CONGRESS !!

Rep. Baldwin (D-WI) Introduces Bill to Undo and Prosecute Bush-Cheney Crimes

Filed under: Impeachment Progress News — Mikael @ 9:17 am

afterdowningstreet.orgby david swanson

Congresswoman Tammy Baldwin has just introduced the Executive Branch Accountability Act of 2008, which calls on the next President of the United States to
* Fully investigate Bush/Cheney administration officials' alleged crimes and hold them accountable for any illegal acts.
* Ensure that any Bush/Cheney administration official guilty of a war crime is prosecuted under the War Crimes Act and the Anti-Torture Act.
* Affirm that it is the sole legal right of Congress to declare war.
* Restore the writ of habeas corpus.
* Ensure that torture and rendition are uniformly prohibited under United States law.
* Immediately close the Guantanamo Bay Detention Camp.
* Ensure that Americans can bring claims against their government.
* Immediately take affirmative steps to protect all documents from the Bush/Cheney Administration.
* Publicly review potential abuses of the presidential pardon process.
* Reform the use of presidential signing statements.
A copy of the Executive Branch Accountability Act of 2008 as introduced at :

While no future president will take these steps unless compelled to by the people and our representatives in Congress, and while many of these steps should be taken by Congress itself rather than by the president, the first step in placing this critical set of tasks on the agenda of both the next Congress and the next White House is to ask every member of Congress to cosponsor this resolution immediately.

***

Baldwin Calls for Executive Accountability To Reverse Illegal Actions and Prevent Further Abuses

Congresswoman Tammy Baldwin has introduced the Executive Branch Accountability Act of 2008, calling on the next President to reverse the damaging and illegal actions taken by the Bush/Cheney Administration and to collaborate with Congress to proactively prevent any further abuses of executive branch power.

“Over the past several years, serious questions have been raised about the
conduct of high ranking Bush/Cheney Administration officials in relation to some
of the most basic elements of our democracy: respect for the rule of law, the
principle of checks and balances, and the fundamental freedoms enshrined in the
Bill of Rights,”

said Baldwin.

“The list of abuses of executive branch power is long, as are the Administration’s attempts to impede congressional oversight.


Indeed, Congress has presented President Bush, Vice President Cheney, and other Bush/Cheney Administration officials with ample opportunities to reverse these abusive actions and restore our democracy. At each step, they have, instead, chosen to show contempt for the Congress and the American public. We must look to the next administration – and the next President – to show leadership in restoring
executive branch accountability,”

Baldwin said.

The Executive Branch Accountability Act of 2008 calls on the next President of the United States to immediately and publicly reaffirm our nation’s commitment to the rule of law. It specifically directs the next President to:

* Fully investigate Bush/Cheney administration officials’ alleged crimes and hold them accountable for any illegal acts.
* Ensure that any Bush/Cheney administration official guilty of a war crime is prosecuted under the War Crimes Act and the Anti-Torture Act.
* Affirm that it is the sole legal right of Congress to declare war.
* Restore the writ of habeas corpus as an essential principle of our democracy.
* Ensure that torture and rendition are uniformly prohibited under United States law.
* Immediately close the Guantanamo Bay Detention Camp.
* Ensure that Americans can bring claims against their government.
*Immediately take affirmative steps to protect all documents from the Bush/Cheney Administration and publicly reaffirm that the Office of the Vice President is indeed part of the executive branch.
* Publicly review potential abuses of the presidential pardon process.
* Reform the use of presidential signing statements.

“On January 20, 2009, the next President of the United States will stand before the American people and take an oath of office to ‘…preserve, protect and defend the Constitution of the United States.’ Along with this oath, it is my fervent hope that he will take the decisive actions detailed in this legislation to restore our democracy,” said Baldwin.
(Source)

September 24, 2008

SECRECY NEWS update

SECRECY NEWS
from the FAS Project on Government Secrecy
Volume 2008, Issue No. 93
September 24, 2008

Secrecy News Blog: http://www.fas.org/blog/secrecy/

** COURT ORDERS RELEASE OF DETAINEE ABUSE PHOTOGRAPHS
** COURT ORDERS PRESERVATION OF VICE PRESIDENTIAL RECORDS
** NEW LIGHT ON PRIVATE SECURITY CONTRACTORS IN IRAQ
** DEPT OF DEFENSE ROLE IN FOREIGN ASSISTANCE, AND MORE FROM CRS


COURT ORDERS RELEASE OF DETAINEE ABUSE PHOTOGRAPHS

A federal court of appeals this week affirmed that 21 photographs depicting abusive treatment of detainees by U.S. soldiers in Iraq and Afghanistan must be disclosed under the Freedom of Information Act.

"The public interest in disclosure of these photographs is strong," the Second Circuit panel concluded in a September 22 ruling in favor of the American Civil Liberties Union and other plaintiffs.

The ruling carefully analyzed and rejected several government arguments against disclosure.

Among other things, the government had contended that the photographs should be exempted from disclosure under FOIA exemption 7(F), which protects law enforcement records that "could reasonably be expected to endanger the life or physical safety of any individual." Government attorneys said that release of the photographs (which were gathered in the
course of an Army criminal investigation) could be used to incite violence against U.S. forces, coalition forces or civilians in Iraq or Afghanistan, and should therefore be withheld.

But even if potential incitement is a valid concern, the court said, it would not provide a basis for invoking FOIA exemption 7(F), which was intended to serve as "a shield against specific threats to particular individuals arising out of law enforcement investigations, never as a means of suppressing worldwide political violence." The exemption is not supposed to be "an all-purpose damper on global controversy."

In short, the court ruled, the cited FOIA exemption cannot be used as "an ersatz classification system" to bar access to these unclassified photographs.

Nor can the government legitimately invoke the Third and Fourth Geneva Conventions that protect prisoners "against insults and public curiosity."

"Both of these treaties were designed to prevent the abuse of prisoners," the court explained. "Neither treaty is intended to curb those who seek information about prisoner abuse in an effort to help deter it."

At the end of World War II, the court noted, the government itself "widely disseminated photographs of prisoners in Japanese and German prison and concentration camps. These photographs of emaciated prisoners, corpses, and remains of prisoners depicted detainees in states of powerlessness and subjugation similar to those endured by the detainees depicted in the photographs at issue here. Yet the United States championed the use and dissemination of such photographs to hold perpetrators accountable."

In the same way, "Release of the photographs is likely to further the purposes of the Geneva Conventions by deterring future abuse of prisoners," the court concluded.

A copy of the 52 page ruling in ACLU et al v. Department of Defense et al is posted here:

http://www.fas.org/sgp/jud/aclu092208.pdf

"These photographs demonstrate that the abuse of prisoners held in U.S. custody abroad was not aberrational and not confined to Abu Ghraib, but the result of policies adopted by high-ranking officials," said Amrit Singh, the ACLU attorney who argued the case.

"Their release is critical for bringing an end to the administration's torture policies and for deterring further prisoner abuse," Ms. Singh said.

http://www.aclu.org/safefree/general/36882prs20080922.html


COURT ORDERS PRESERVATION OF VICE PRESIDENTIAL RECORDS

In a rare judicial rebuff to the Office of Vice President Dick Cheney, a federal court issued a preliminary injunction requiring the preservation of Vice Presidential records over the objections of Administration attorneys.

A lawsuit brought by Citizens for Ethics and Responsibility in Washington (CREW) along with historians and others alleged that the Office of Vice President had improperly limited the scope of records that it said would be preserved under the Presidential Records Act, and that records outside the scope of that definition were liable to be destroyed.

Judge Colleen Kollar-Kotelly agreed that there was no legal basis on the record for the Vice President's position. On September 20, she ordered the government to preserve all official Vice Presidential records "without regard to any limiting definitions that Defendants may believe are
appropriate."

http://www.fas.org/sgp/jud/crew092008.pdf

"It's a pretty strong opinion," said Anne Weismann, chief counsel for CREW. "They will be prevented from destroying anything. It basically means they have to preserve everything in the broadest possible interpretation of what the law requires -- not their narrow interpretation."

http://www.citizensforethics.org/node/34245


NEW LIGHT ON PRIVATE SECURITY CONTRACTORS IN IRAQ

The use of thousands of private security contractors in Iraq represents a quantitatively new feature of U.S. military operations, but relatively little has been publicly disclosed about the contractual arrangements involved.

The war in Iraq "is apparently the first time that the United States has depended so extensively on contractors to provide security in a hostile environment," according to a recently updated Congressional Research Service report.

But "the use of armed contractors raises several concerns, including transparency and accountability," the CRS report said.

"The lack of public information on the terms of the contracts, including their costs and the standards governing hiring and performance, make evaluating their efficiency difficult. The apparent lack of a practical means to hold contractors accountable under U.S. law for abuses and other transgressions, and the possibility that they could be prosecuted by foreign courts, is also a source of concern," the CRS report said.

Thanks to a Freedom of Information Act request filed by David Isenberg of United Press International, new information is now available on the U.S. State Department's Worldwide Personal Protective Services (WPPS) contract, which provides security services throughout Iraq (as well as Afghanistan, Bosnia and Israel).

UPI obtained the WPPS contract specifications from the State Department and reported on the material in "Dogs of War: WPPS World" by David Isenberg, September 19:

http://www.metimes.com/Security/2008/09/19/dogs_of_war_wpps_world/51b1/

The newly disclosed contract material itself was posted by UPI here:

http://r.m.upi.com/other/12216818791223.pdf

Extensive background information on the issue is available from the Congressional Research Service in "Private Security Contractors in Iraq: Background, Legal Status, and Other Issues," updated August 25, 2008:

http://www.fas.org/sgp/crs/natsec/RL32419.pdf


DEPT OF DEFENSE ROLE IN FOREIGN ASSISTANCE, AND MORE FROM CRS

The structure, development and ramifications of growing U.S. Department of
Defense foreign assistance activities are described in a major new report
from the Congressional Research Service. See "The Department of Defense
Role in Foreign Assistance: Background, Major Issues, and Options for
Congress," August 25, 2008:

http://www.fas.org/sgp/crs/natsec/RL34639.pdf

Other noteworthy new reports from CRS that have not been made readily
available to the public include the following.

"Pay-for-Performance: The National Security Personnel System," September
17, 2008:

http://www.fas.org/sgp/crs/natsec/RL34673.pdf

"The Defense Base Act (DBA): The Federally Mandated Workers' Compensation
System for Overseas Government Contractors," September 15, 2008:

http://www.fas.org/sgp/crs/natsec/RL34670.pdf

"The North Korean Economy: Leverage and Policy Analysis," updated August
26, 2008:

http://www.fas.org/sgp/crs/row/RL32493.pdf

"Presidential Claims of Executive Privilege: History, Law, Practice and
Recent Developments," updated August 21, 2008:

http://www.fas.org/sgp/crs/secrecy/RL30319.pdf

"Periods of War," updated August 19, 2008:

http://www.fas.org/sgp/crs/natsec/RS21405.pdf

"The Manhattan Project, the Apollo Program, and Federal Energy Technology
R&D Programs: A Comparative Analysis," September 3, 2008:

http://www.fas.org/sgp/crs/misc/RL34645.pdf

September 22, 2008

Peter Dyer: Nuremberg and Iraq

Nuremberg and Iraq


by Peter Dyer

Sixty-two years ago this month, four judges met to deliberate the fate of the first men ever tried for war crimes in an international court of law.

After Nazi Germany was defeated in 1945, the major victorious allies (the United States, the Soviet Union, Great Britain and France) convened a trial of 21 of the most prominent Nazi government, military and media figures in the Palace of Justice at Nuremberg, the spiritual home of Nazism.

Another German, Martin Bormann, was tried in absentia.

The Allies drew up a charter establishing an International Military Tribunal (IMT) as the legal basis for prosecution of these men for three distinct categories of crimes: crimes against peace, war crimes and crimes against humanity.

The defendants were also charged with “participating in the formulation or execution of a common plan or conspiracy” to commit these crimes.

The bench was made up of one judge from each of the four allied countries. The trial began on 20 November 1945. Nine months later, on 31 August 1946 the trial closed as the defendants made their final statements.

The judges announced their verdicts on 1 October. They found nineteen of the defendants guilty of one, some, or all of these crimes. Twelve, including Martin Bormann, were sentenced to death. One, Herman Goering, Germany’s number two Nazi, committed suicide before his scheduled execution.

Three were acquitted and seven received prison sentences. Ten were hung.

The 1946 trial was the first of a series of four Nuremberg trials which continued until April 1949.

While the Nuremberg trials are, these days, seldom invoked or discussed, they were and still are, in the words of Tribunal President Sir Geoffrey Lawrence, “unique in the history of the jurisprudence of the world”. Among the most groundbreaking aspects was the drive to formally criminalise the three categories of crimes, and to establish responsibility by individuals for these crimes. This was simply unprecedented.

The effort to try the Germans in an international forum was directed in large part by the United States. The chief U.S. prosecutor, U.S. Supreme Court Justice Robert Jackson, opened the prosecution.

Today, when the Nuremberg trials are remembered, they are remembered primarily for the prosecution and punishment of individuals for genocide. Equally important at the time though, especially in the first trial, was the focus on aggressive war.

Thus, the first sentence of Justice Jackson’s opening statement:

“The privilege of opening the first trial in history for crimes against the peace of the world imposes a grave responsibility.”

Crimes against peace and the responsibility for them were defined in Article 6, the heart of the Charter of the IMT: “The tribunal…shall have the power to try and punish persons who…whether as individuals or as members of organisations, committed any of the following crimes…for which there shall be individual responsibility: (a) Crimes Against Peace, namely, planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances…”

The desire was not only to punish individuals for crimes but to set an international moral and legal precedent for the future. Indeed, before the end of 1946, the United Nations General Assembly unanimously adopted Resolution 95 (1), affirming “the principles of International Law recognised by the Charter of the Nuremberg Tribunal and the judgment of the Tribunal.”

Founded in the aftermath of World War II, the United Nations invoked in the first sentence of the preamble, the single most fundamental goal: “…to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind…”

To this end the United Nations Charter explicitly forbids armed aggression and violations of the sovereignty of any state by any other state, except in immediate self defense (Article 2, Sec. 4 and Articles 39 and 51).

Invoking the precedent set by the United States and the Allies at Nuremberg, there can be no doubt that the U.S. led invasion of Iraq in 2003 was a war of aggression. There was no imminent threat to American security nor to the security of the world. The invasion violated the U.N. Charter as well as U.N. Security Council Resolution #1441.

As a war of aggression, the invasion falls into the Nuremberg category of Crimes Against Peace. As such, there is individual responsibility for this crime.

Thus, if Americans chose to be bound by the precedent which they helped set and for which they punished leaders of World War II Germany, they would arrest and prosecute those individuals responsible for the invasion of Iraq: George W. Bush, Dick Cheney, Donald Rumsfeld, Colin Powell, Condoleezza Rice and their enablers in government and in the media.

Those who justify the invasion of Iraq, invoking the U.S. self-declared mission to rid the world of evil, would do well to remember the words of Justice Jackson: “Our position is that whatever grievances a nation may have, however objectionable it finds the status quo, aggressive warfare is an illegal means for settling these grievances or for altering these conditions.”

And, for those who have difficulty visualising American leaders as defendants in a criminal trial, Justice Jackson’s words again: “(T)he ultimate step in avoiding periodic wars, which are inevitable in a system of international lawlessness, is to make statesmen responsible to law. And let me make clear that while this law is first applied against German aggressors, the law includes, and if it is to serve a useful purpose it must condemn, aggression by any other nations, including those which sit here now in judgment. We are able to do away with domestic tyranny and violence and aggression by those in power against the rights of their own people only when we make all men answerable to the law. This trial represents mankind’s desperate effort to apply the discipline of the law to statesmen who have used their powers of state to attack the foundations of the world’s peace and to commit aggression against the rights of their neighbours.”

*************

Peter Dyer is a freelance journalist.

ShareThis