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ENEMY OF THE STATE


 Bush War Crimes: The Posse Gathers
 



http://www.counterpunch.org/brecher12062005.html

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December 6, 2005

The Posse Gathers

Bush War Crimes

By JEREMY BRECHER
and BRENDAN SMITH

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Diverse forces are assembling to bring Bush administration officials to account for war crimes. Cindy Sheehan, Gold Star Mother for Peace, insists: "We cannot have these people pardoned. They need to be tried on war crimes and go to jail." 1 Paul Craig Roberts, Hoover Institution senior fellow and assistant secretary of the treasury under Ronald Reagan, charges Bush with "lies and an illegal war of aggression, with outing CIA agents, with war crimes against Iraqi civilians, with the horrors of the Abu Ghraib and Guantanamo torture centers" and calls for the president's impeachment. 2 Anne-Marie Slaughter, dean of the Woodrow Wilson School at Princeton and former president of the American Society of International Law, declares: "These policies make a mockery of our claim to stand for the rule of law. [Americans] should be marching on Washington to reject inhumane techniques carried out in our name." 3

Can such disparate forces as the peace movement, conservative advocates of the rule of law, and human rights advocates join to halt high government officials demonstrably engaged in criminal enterprise? Can they reach out and appeal to the deep but vacillating commitment of the American people to the national and international rule of law? Or will the Bush administration divide the posse and retain for itself the mantle of defender of international law and the U.S. Constitution?

War Crimes: It's Not Just Torture

As Allied armies advanced into Germany, British Prime Minister Winston Churchill declared captured Nazi leaders outlaws subject to summary execution. But U.S. President Harry Truman, a former small-town judge, insisted instead on formal trials with "notification to the accused of the charge, the right to be heard, and to call witnesses in his defense." The result was the Nuremberg War Crimes Tribunal and the start of a revolution that, in U.S. Justice Robert Jackson's words, replaced a "system of international lawlessness" with one that made "statesmen responsible to law." It is this revolution that may be catching up with the administration of George W. Bush.

During the Cold War era, Nuremberg was little more than a dimming memory. Charges by Richard Falk, Marcus Raskin, and others that U.S. actions in Vietnam constituted war crimes helped swell opposition to the war, but U.S. officials were never held to account for their actions. Starting in the 1990s, however, the revolutionary principle that government officials must be responsible to law became an integral part of the human rights and democratization movements that swept much of the world. Milosevic was driven out of office and turned over to an international war crimes tribunal. Pinochet was captured in Spain and eventually sent back to Chile to face charges as a torturer. The International Criminal Court was established to try war crimes. Henry Kissinger wrote in alarm in 2001 that "in less than a decade an unprecedented movement has emerged to submit international politics to judicial procedures" and has "spread with extraordinary speed." 4

Critical to this unprecedented movement has been an evolved relationship between national and international law. In the past, international law was seen as a potential infringement on national sovereignty. (The Bush administration is trying to resuscitate that view-for example, in its attacks on the International Criminal Court.) But today the two are increasingly intertwined and mutually reinforcing, much like state and national law in the United States. Many new democracies see institutions like the International Criminal Court as bulwarks against the restoration of tyranny in their own countries-much as the U.S. Constitution guarantees that its member states will be republics, not monarchies. Toward this end, many countries have incorporated aspects of international law into their national statutes-the U.S. War Crimes Act, for example, makes grave breaches of the Geneva Conventions a crime under U.S. law, punishable in some cases by death.

Several overlapping strands have coalesced into a body of law regarding war crimes. One is the prohibition on aggressive war. As the Nuremberg Tribunal put it, "To initiate a war of aggression" is " the supreme international crime." A second strand is humanitarian law, which protects both combatants and civilians from unnecessary harm during war. The devastation associated with World War II led to the recognition of "crimes against humanity," which involve acts of violence against a persecuted group. War crimes were codified in the four Geneva Conventions of 1949 and have been further developed in subsequent protocols and agreements.

The Nuremberg Tribunal was criticized on the grounds that it represented not impartial justice but "victor's justice," that it provided impunity for the bombing of civilians and other heinous acts committed by the victors, and that it prosecuted people "ex post facto" for acts that had not been declared crimes when they were committed. These charges had considerable justification. But today there is a body of national and international law that clearly defines war crimes and a set of procedures for applying them comparable to the procedures used to judge other crimes. Those are the standards by which allegations of American war crimes must be judged.

Law must-and the international law of war crimes now does-provide a single standard of judgment that can be applied without discrimination to different cases. If an act is a war crime, then it is a war crime whether it is perpetrated by Saddam Hussein or by George Bush.

American War Crimes in Iraq and Beyond

The charge that the U.S. attack on Iraq was a war crime was raised even before the war began. More than 1,000 law professors and U.S. legal institutions organized in opposition to the U.S. war crime of launching an "aggressive war in violation of the UN Charter" against Iraq. Violation of international law was also a central theme in worldwide demonstrations against the war. The attack on the illegality of the war has been revived by the leak of the Downing Street memo; 130 members of Congress joined Rep. John Conyers in demanding that the Bush administration come clean about the invasion-supported by a half million citizen signatures gathered in barely a week. "Scootergate" is fundamentally about the cover-up of White House lies justifying the war.

Illegal detention and torture are also war crimes. Starting with the exposure of prisoner abuse at Abu Ghraib and Guantanamo, cascading revelations have established that these cases exemplify a pattern of abuse authorized at the highest levels of government. Human rights groups like the Center for Constitutional Rights, the American Civil Liberties Union, and Human Rights First sued in U.S. and foreign courts against Defense Secretary Donald Rumsfeld and others for breaching the U.S. Constitution and the Geneva Conventions. The Senate's 90-9 vote to restore the military's traditional prohibition against torture and inhumane treatment of prisoners-prompting the Bush administration to threaten a veto-sets the stage for a major confrontation over adherence to both the Geneva Conventions and the U.S. Constitution.

Despite massive cover-ups, the evidence is emerging: the Bush administration planned an illegal war of aggression against Iraq, conned the American people and their representatives into supporting it, conducted an illegal occupation marked by massive violation of Iraqi human rights, and justified and promoted systematic torture. Now the White House seeks opportunities for further criminal attacks against Iran, Syria, and other countries around the world, issuing threats to use death squads and nuclear weapons at will. These acts violate American law, international law, and the basic values of the American people. They are crimes against peace and crimes against humanity. They are outlawed by the Geneva Conventions, the UN Charter, and treaties against torture and other human rights abuses. They are war crimes, and those who ordered and condoned them are war criminals.

War Crimes and the Rule of Law

The Nuremberg principle that statesmen are "responsible to law" extended to international relations the principle of "government under law" already enshrined in the U.S. Constitution. Indeed, no principle of American democracy is more fundamental or more widely accepted than the precept that no one is above the law. But a central endeavor of the Bush administration has been to put the government, and more particularly the president, above both U.S. and international law.

This was made clear in President Bush's refusal to apply the Geneva Conventions to prisoners of war captured during the Afghanistan War. Soon after, the United States refused to adhere to UN Charter requirements regulating the use of force. Then the Justice Department argued that courts would not have jurisdiction over Guantanamo detainees even if they were being summarily executed. The Ninth Circuit Court commented, "the U.S. government has never before asserted such a grave and startling proposition," a position "so extreme that it raises the gravest concerns under both American and international law." 5

As Rep. Elizabeth Holtzman put it, the claim that the president is above the law "strikes at the very heart of our democracy. It was the centerpiece of President Richard Nixon's defense in Watergate-a defense that was rejected by the courts and lay at the foundation of the articles of impeachment voted against him by the House Judiciary Committee."

It is ironic that such a doctrine should emerge from a movement that calls itself "conservatism" and purports to have limitation of government as its fundamental principle. Indeed, it is more than ironic; it is totally hypocritical. And this claim of unlimited presidential powers has turned many genuine conservatives-ranging from former government and military officials to the many corporate lawyers defending Guantanamo inmates-against the Bush administration.

Law entails more than an individual or social preference; it obligates individuals and institutions to act. Describing his evolving viewpoint, Daniel Ellsberg wrote that he saw the U.S. involvement in Vietnam "first as a problem; then as a stalemate; then as a crime." Each of these perspectives called for "a different mode of personal commitment: a problem, to help solve it; a stalemate, to extricate ourselves with grace; a crime, to expose and resist it, to try to stop it immediately, to seek moral and political change." 6

A focus on government-sponsored crime has the potential to open a discourse with those across the political spectrum-from civil rights advocates to military attorneys-who believe that government must not be exempt from the rule of law. It draws on a democratic, constitutionalist tradition and the powerful popular conviction that law and law enforcement are necessary and that they must apply to all, including the government and its highest officials.

Toward Convergence

Bush administration malfeasance can be described as a problem of democracy, of human rights, of usurpation, of the rule of law, of constitutionalism, or of war crimes. These terms all point to the same fundamental problem: those in charge of the political and military apparatus of the U.S. government are using it to further a criminal enterprise in violation of national and international law.

Each step of this criminal behavior has been contested by different constituencies and on somewhat differing grounds. If those constituencies could unite around a common frame, they could halt the entire Bush enterprise. The role of the Bush administration in promoting war crimes in Iraq and beyond can provide that unifying frame. Resistance to such government criminality can unify diverse constituencies who believe in rule of law.

Accusations of American war crimes have long been a staple of left-wing groups like ANSWER and the International Action Center . But many mainstream peace activists have been wary. As one well-known leader put it earlier this year: "War-crimes talk pushes people away. People don't want to hear it. Polls indicate that the population says under some circumstances torture is OK, and that what's being done is not torture. People blame bad apples. They want to prosecute the bad apples so they can have a cleaner war. Besides, they say, we're dealing with horrible people who cut off people's heads. What is our end goal? If our objective is to stop the occupation, then war crimes is not the best angle."

These are legitimate concerns. However, they imply not that the issue of war crimes shouldn't be raised but rather that it should be raised wisely with due respect for the feelings of the American people. War crimes accusations should not be presented as anti-American but rather as an appeal to the American people to share the right and obligation of all people to hold their governments accountable. By rejecting the Bush administration's attempt to blame torture and other abuses on "bad apples" at the bottom, accountability can be placed squarely on those at the top. The crimes of U.S. opponents can be acknowledged without justifying those perpetrated in Washington. Illegal detention, prisoner abuse, and torture can be presented as part of a larger pattern of war crimes. As Justice Jackson noted at Nuremberg, a war of aggression differs from other war crimes only in that "it contains within itself the accumulated evil of the whole." If the peace movement can connect with the American public's belief in the rule of law, the days of George Bush's criminal enterprise will be numbered.

The war crimes frame also provides the peace movement a way to reach out to Americans on the basis of moral and religious convictions. Religious opponents of the war, such as the ecumenical Fellowship of Reconciliation and the Catholic St. Patrick's Four, have frequently stressed international law as a basis for their actions. The faith-based group Reclaiming the Prophetic Voice calls it a way to reach out to "the people in the pews."

Some sectors of the human rights movement have been outspoken opponents of the Iraq War from before its start. The Center for Constitutional Rights, for example, organized lawyers nationwide to declare it illegal under national and international law. But other human rights advocates have tried to separate torture and prisoner abuse as a "human rights issue" from the broader questions of war and occupation, leading some to portray their objective as "a clean war." Human rights advocates need to recognize that the use and legitimation of torture by the Bush administration is just an extreme manifestation of a broader illegal enterprise.

Both the peace and the human rights movements need to pay more attention to current and planned future war crimes. Last year's attacks on Fallujah were condemned as war crimes around the world, but there was not much response in the United States. The withholding of food and water to civilian populations in recent attacks on Tal Afar are clear violations of international law that would have provided a clear opportunity to raise the question of war crimes as they occurred. 7 Plans to turn targeting of U.S. air strikes over to the Iraqi military, recently revealed by Seymour Hersh in the New Yorker, could be challenged as likely to greatly increase civilian casualties. 8 U.S. plans to use nuclear weapons against Iran, openly discussed by Vice President Cheney, surely constitute a war crime. These ongoing daily events provide a target both for action and for public education.

The Bush administration's crimes of aggression, occupation, and torture are all part of one sordid story. That story can best be told when these actions are called by their proper name-war crimes.

Checks and Balances

There are four obvious objectives for a movement against U.S. war crimes:

Halt the crimes. This requires withdrawing U.S. forces from Iraq, closing the U.S. prison at Guantanamo Bay, releasing or immediately putting on trial all captives, and shutting down U.S.-controlled death squads all over the world.

Bring war criminals to justice. Impunity breeds crime. The mechanisms for investigation, prosecution, and trial of criminals must be applied to anyone-from the president on down-who is responsible for war crimes. Every agency charged with investigating governmental crimes must end its paralysis and perform its duties. Those responsibilities should include congressional committee hearings on war crimes, a Sept. 11-style investigative commission, appointment of a special prosecutor, and an in-depth congressional investigation into whether impeachable offences have been committed.

Draw the lessons. Unchecked presidential authority and flouting of international law led the United States to a national catastrophe in Vietnam , but the obvious lessons were deliberately obscured or denied. We are paying the price today. Only an extensive and extended public confrontation with the implications of U.S. war crimes can lay the basis for averting similar catastrophes in the future.

Establish barriers to future war crimes. The Bush administration's war crimes were made possible by the dismantling of legal and constitutional barriers to government secrecy, deceit, manipulation, and lawlessness. Their perpetuation has been enhanced by the dismantling of legal restrictions on presidential authority and the seduction or intimidation of those whose duty it is to enforce such restrictions. The U.S. democratic heritage and recent experiences of many countries in eliminating dictatorships point to specific institutional arrangements-from independent prosecutors to battlefield legal supervision and from freedom-of-information laws to international courts empowered to hear war crimes charges-that can be effective in preventing war crimes in the future.

A national repudiation of war crimes and an end to impunity for those who order them could open a new chapter in America 's relations with the rest of the world. It might help the United States re-engage with Iraq and the rest of the Middle East on an entirely new basis-one cleansed of the legacy of Fallujah and Abu Ghraib. It would evidence America's good faith if Washington utilized international law to address such genuine problems as terrorism and weapons of mass destruction. Ending impunity for those responsible for U.S. war crimes would help restore the role of international law in constraining self-aggrandizement by any nation.

After being convicted for pouring his own blood on a Lansing, NY military recruitment center, war protestor Peter DeMott declared the real crime to be that "our government conspired against the American people and lied us into an illegal and immoral war. The task is now upon us all to better understand the criminality of our government's aggression and, as citizens, to act accordingly to demand that our government adheres to international law." 9 As Cindy Sheehan put it to more than 100,000 war protesters assembled in Washington, DC, "We'll be the checks and balances on this out-of-control criminal government." 10

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End Notes

1. Mike Ferner, "What One Mom Has to Say to George Bush," August 9, 2005, available at .

2. Paul Craig Roberts, "Impeach Bush Now," available at , September 3, 2005.

3. Quoted in Robert Kuttner, "Will Bush Wriggle Out of This One?" Boston Globe, September 10, 2005.

4. Henry Kissinger, "The Pitfalls of Universal Jurisdiction: Risking Judicial Tyranny," Foreign Affairs, July-August 2001.

5. See Gherebi v. Bush, Ninth Circuit, December 18, 2003.

6. Quoted in Norman Solomon, "Cindy Sheehan's Message Repudiates George Bush-and Howard Dean," Common Dreams, August 13, 2005.

7. The UN's Special Rapporteur on the Right to Food recently described the withholding of food and water by U.S. forces in Iraq as "a clear violation of international law." Eulalia Iglesias, "UN Food Expert Condemns U.S. Tactics in Iraq," Inter Press Service, 11/30/05.

8. Seymour M. Hersh, "Up in the Air: Where Is the Iraq War Headed Next?" New Yorker, December 5, 2005.

9. Press release, September 26, 2005.

10. "Thousands in Wash Protest War, Econ Globalization," Reuters, September 24, 2005.

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Jeremy Brecher and Brendan Smith, with Jill Cutler, are the co-editors of In the Name of Democracy: American War Crimes in Iraq and Beyond (New York: Metropolitan/Holt, 2005) and co-founders of War Crimes Watch. They are frequent contributors to Foreign Policy In Focus(www.fpif.org).
Posted by ENEMY OF THE STATE at 6:21 AM - No Comments   Add a Comment  
 
 Harold Pinter Demands War Crimes Trial for Blair PLUS ON-LINE VIDEO: Blatant State Terrorism
 

Pinter Demands War Crimes Trial for Blair

David Fickling

Wednesday December 7, 2005


Nobel laureate Harold Pinter.
Photograph: Max Nash/AP
 
The Nobel prize-winning playwright Harold Pinter has called for Tony Blair to be tried for war crimes, in his acceptance speech to the Nobel committee.... (MORE)

http://www.guardian.co.uk/Iraq/Story/0

ALSO...

http://www.informationclearinghouse.info/article11239.htm

"Blatant state terrorism"

By Harold Pinter

Winner Of The Nobel Prize in Literature 2005 - 12/07/05

Go to SOURCE LINK to View On-Line Video
http://www.informationclearinghouse.info/article11239.htm

Harold Pinter – Nobel Lecture

Art, Truth & Politics

 In 1958 I wrote the following:

'There are no hard distinctions between what is real and what is unreal, nor between what is true and what is false. A thing is not necessarily either true or false; it can be both true and false.'

I believe that these assertions still make sense and do still apply to the exploration of reality through art. So as a writer I stand by them but as a citizen I cannot. As a citizen I must ask: What is true? What is false?

Truth in drama is forever elusive. You never quite find it but the search for it is compulsive. The search is clearly what drives the endeavour. The search is your task. More often than not you stumble upon the truth in the dark, colliding with it or just glimpsing an image or a shape which seems to correspond to the truth, often without realising that you have done so. But the real truth is that there never is any such thing as one truth to be found in dramatic art. There are many. These truths challenge each other, recoil from each other, reflect each other, ignore each other, tease each other, are blind to each other. Sometimes you feel you have the truth of a moment in your hand, then it slips through your fingers and is lost.

I have often been asked how my plays come about. I cannot say. Nor can I ever sum up my plays, except to say that this is what happened. That is what they said. That is what they did.

Most of the plays are engendered by a line, a word or an image. The given word is often shortly followed by the image. I shall give two examples of two lines which came right out of the blue into my head, followed by an image, followed by me.

The plays are The Homecoming and Old Times. The first line of The Homecoming is 'What have you done with the scissors?' The first line of Old Times is 'Dark.'

In each case I had no further information.

In the first case someone was obviously looking for a pair of scissors and was demanding their whereabouts of someone else he suspected had probably stolen them. But I somehow knew that the person addressed didn't give a damn about the scissors or about the questioner either, for that matter.

'Dark' I took to be a description of someone's hair, the hair of a woman, and was the answer to a question. In each case I found myself compelled to pursue the matter. This happened visually, a very slow fade, through shadow into light.

I always start a play by calling the characters A, B and C.

In the play that became The Homecoming I saw a man enter a stark room and ask his question of a younger man sitting on an ugly sofa reading a racing paper. I somehow suspected that A was a father and that B was his son, but I had no proof. This was however confirmed a short time later when B (later to become Lenny) says to A (later to become Max), 'Dad, do you mind if I change the subject? I want to ask you something. The dinner we had before, what was the name of it? What do you call it? Why don't you buy a dog? You're a dog cook. Honest. You think you're cooking for a lot of dogs.' So since B calls A 'Dad' it seemed to me reasonable to assume that they were father and son. A was also clearly the cook and his cooking did not seem to be held in high regard. Did this mean that there was no mother? I didn't know. But, as I told myself at the time, our beginnings never know our ends.

'Dark.' A large window. Evening sky. A man, A (later to become Deeley), and a woman, B (later to become Kate), sitting with drinks. 'Fat or thin?' the man asks. Who are they talking about? But I then see, standing at the window, a woman, C (later to become Anna), in another condition of light, her back to them, her hair dark.

It's a strange moment, the moment of creating characters who up to that moment have had no existence. What follows is fitful, uncertain, even hallucinatory, although sometimes it can be an unstoppable avalanche. The author's position is an odd one. In a sense he is not welcomed by the characters. The characters resist him, they are not easy to live with, they are impossible to define. You certainly can't dictate to them. To a certain extent you play a never-ending game with them, cat and mouse, blind man's buff, hide and seek. But finally you find that you have people of flesh and blood on your hands, people with will and an individual sensibility of their own, made out of component parts you are unable to change, manipulate or distort.

So language in art remains a highly ambiguous transaction, a quicksand, a trampoline, a frozen pool which might give way under you, the author, at any time.

But as I have said, the search for the truth can never stop. It cannot be adjourned, it cannot be postponed. It has to be faced, right there, on the spot.

Political theatre presents an entirely different set of problems. Sermonising has to be avoided at all cost. Objectivity is essential. The characters must be allowed to breathe their own air. The author cannot confine and constrict them to satisfy his own taste or disposition or prejudice. He must be prepared to approach them from a variety of angles, from a full and uninhibited range of perspectives, take them by surprise, perhaps, occasionally, but nevertheless give them the freedom to go which way they will. This does not always work. And political satire, of course, adheres to none of these precepts, in fact does precisely the opposite, which is its proper function.

In my play The Birthday Party I think I allow a whole range of options to operate in a dense forest of possibility before finally focussing on an act of subjugation.

Mountain Language pretends to no such range of operation. It remains brutal, short and ugly. But the soldiers in the play do get some fun out of it. One sometimes forgets that torturers become easily bored. They need a bit of a laugh to keep their spirits up. This has been confirmed of course by the events at Abu Ghraib in Baghdad. Mountain Language lasts only 20 minutes, but it could go on for hour after hour, on and on and on, the same pattern repeated over and over again, on and on, hour after hour.

Ashes to Ashes, on the other hand, seems to me to be taking place under water. A drowning woman, her hand reaching up through the waves, dropping down out of sight, reaching for others, but finding nobody there, either above or under the water, finding only shadows, reflections, floating; the woman a lost figure in a drowning landscape, a woman unable to escape the doom that seemed to belong only to others.

But as they died, she must die too.

Political language, as used by politicians, does not venture into any of this territory since the majority of politicians, on the evidence available to us, are interested not in truth but in power and in the maintenance of that power. To maintain that power it is essential that people remain in ignorance, that they live in ignorance of the truth, even the truth of their own lives. What surrounds us therefore is a vast tapestry of lies, upon which we feed.

As every single person here knows, the justification for the invasion of Iraq was that Saddam Hussein possessed a highly dangerous body of weapons of mass destruction, some of which could be fired in 45 minutes, bringing about appalling devastation. We were assured that was true. It was not true. We were told that Iraq had a relationship with Al Quaeda and shared responsibility for the atrocity in New York of September 11th 2001. We were assured that this was true. It was not true. We were told that Iraq threatened the security of the world. We were assured it was true. It was not true.

The truth is something entirely different. The truth is to do with how the United States understands its role in the world and how it chooses to embody it.

But before I come back to the present I would like to look at the recent past, by which I mean United States foreign policy since the end of the Second World War. I believe it is obligatory upon us to subject this period to at least some kind of even limited scrutiny, which is all that time will allow here.

Everyone knows what happened in the Soviet Union and throughout Eastern Europe during the post-war period: the systematic brutality, the widespread atrocities, the ruthless suppression of independent thought. All this has been fully documented and verified.

But my contention here is that the US crimes in the same period have only been superficially recorded, let alone documented, let alone acknowledged, let alone recognised as crimes at all. I believe this must be addressed and that the truth has considerable bearing on where the world stands now. Although constrained, to a certain extent, by the existence of the Soviet Union, the United States' actions throughout the world made it clear that it had concluded it had carte blanche to do what it liked.

Direct invasion of a sovereign state has never in fact been America's favoured method. In the main, it has preferred what it has described as 'low intensity conflict'. Low intensity conflict means that thousands of people die but slower than if you dropped a bomb on them in one fell swoop. It means that you infect the heart of the country, that you establish a malignant growth and watch the gangrene bloom. When the populace has been subdued – or beaten to death – the same thing – and your own friends, the military and the great corporations, sit comfortably in power, you go before the camera and say that democracy has prevailed. This was a commonplace in US foreign policy in the years to which I refer.

The tragedy of Nicaragua was a highly significant case. I choose to offer it here as a potent example of America's view of its role in the world, both then and now.

I was present at a meeting at the US embassy in London in the late 1980s.

The United States Congress was about to decide whether to give more money to the Contras in their campaign against the state of Nicaragua. I was a member of a delegation speaking on behalf of Nicaragua but the most important member of this delegation was a Father John Metcalf. The leader of the US body was Raymond Seitz (then number two to the ambassador, later ambassador himself). Father Metcalf said: 'Sir, I am in charge of a parish in the north of Nicaragua. My parishioners built a school, a health centre, a cultural centre. We have lived in peace. A few months ago a Contra force attacked the parish. They destroyed everything: the school, the health centre, the cultural centre. They raped nurses and teachers, slaughtered doctors, in the most brutal manner. They behaved like savages. Please demand that the US government withdraw its support from this shocking terrorist activity.'

Raymond Seitz had a very good reputation as a rational, responsible and highly sophisticated man. He was greatly respected in diplomatic circles. He listened, paused and then spoke with some gravity. 'Father,' he said, 'let me tell you something. In war, innocent people always suffer.' There was a frozen silence. We stared at him. He did not flinch.

Innocent people, indeed, always suffer.

Finally somebody said: 'But in this case “innocent people” were the victims of a gruesome atrocity subsidised by your government, one among many. If Congress allows the Contras more money further atrocities of this kind will take place. Is this not the case? Is your government not therefore guilty of supporting acts of murder and destruction upon the citizens of a sovereign state?'

Seitz was imperturbable. 'I don't agree that the facts as presented support your assertions,' he said.

As we were leaving the Embassy a US aide told me that he enjoyed my plays. I did not reply.

I should remind you that at the time President Reagan made the following statement: 'The Contras are the moral equivalent of our Founding Fathers.'

The United States supported the brutal Somoza dictatorship in Nicaragua for over 40 years. The Nicaraguan people, led by the Sandinistas, overthrew this regime in 1979, a breathtaking popular revolution.

The Sandinistas weren't perfect. They possessed their fair share of arrogance and their political philosophy contained a number of contradictory elements. But they were intelligent, rational and civilised. They set out to establish a stable, decent, pluralistic society. The death penalty was abolished. Hundreds of thousands of poverty-stricken peasants were brought back from the dead. Over 100,000 families were given title to land. Two thousand schools were built. A quite remarkable literacy campaign reduced illiteracy in the country to less than one seventh. Free education was established and a free health service. Infant mortality was reduced by a third. Polio was eradicated.

The United States denounced these achievements as Marxist/Leninist subversion. In the view of the US government, a dangerous example was being set. If Nicaragua was allowed to establish basic norms of social and economic justice, if it was allowed to raise the standards of health care and education and achieve social unity and national self respect, neighbouring countries would ask the same questions and do the same things. There was of course at the time fierce resistance to the status quo in El Salvador.

I spoke earlier about 'a tapestry of lies' which surrounds us. President Reagan commonly described Nicaragua as a 'totalitarian dungeon'. This was taken generally by the media, and certainly by the British government, as accurate and fair comment. But there was in fact no record of death squads under the Sandinista government. There was no record of torture. There was no record of systematic or official military brutality. No priests were ever murdered in Nicaragua. There were in fact three priests in the government, two Jesuits and a Maryknoll missionary. The totalitarian dungeons were actually next door, in El Salvador and Guatemala. The United States had brought down the democratically elected government of Guatemala in 1954 and it is estimated that over 200,000 people had been victims of successive military dictatorships.

Six of the most distinguished Jesuits in the world were viciously murdered at the Central American University in San Salvador in 1989 by a battalion of the Alcatl regiment trained at Fort Benning, Georgia, USA. That extremely brave man Archbishop Romero was assassinated while saying mass. It is estimated that 75,000 people died. Why were they killed? They were killed because they believed a better life was possible and should be achieved. That belief immediately qualified them as communists. They died because they dared to question the status quo, the endless plateau of poverty, disease, degradation and oppression, which had been their birthright.

The United States finally brought down the Sandinista government. It took some years and considerable resistance but relentless economic persecution and 30,000 dead finally undermined the spirit of the Nicaraguan people. They were exhausted and poverty stricken once again. The casinos moved back into the country. Free health and free education were over. Big business returned with a vengeance. 'Democracy' had prevailed.

But this 'policy' was by no means restricted to Central America. It was conducted throughout the world. It was never-ending. And it is as if it never happened.

The United States supported and in many cases engendered every right wing military dictatorship in the world after the end of the Second World War. I refer to Indonesia, Greece, Uruguay, Brazil, Paraguay, Haiti, Turkey, the Philippines, Guatemala, El Salvador, and, of course, Chile. The horror the United States inflicted upon Chile in 1973 can never be purged and can never be forgiven.

Hundreds of thousands of deaths took place throughout these countries. Did they take place? And are they in all cases attributable to US foreign policy? The answer is yes they did take place and they are attributable to American foreign policy. But you wouldn't know it.

It never happened. Nothing ever happened. Even while it was happening it wasn't happening. It didn't matter. It was of no interest. The crimes of the United States have been systematic, constant, vicious, remorseless, but very few people have actually talked about them. You have to hand it to America. It has exercised a quite clinical manipulation of power worldwide while masquerading as a force for universal good. It's a brilliant, even witty, highly successful act of hypnosis.

I put to you that the United States is without doubt the greatest show on the road. Brutal, indifferent, scornful and ruthless it may be but it is also very clever. As a salesman it is out on its own and its most saleable commodity is self love. It's a winner. Listen to all American presidents on television say the words, 'the American people', as in the sentence, 'I say to the American people it is time to pray and to defend the rights of the American people and I ask the American people to trust their president in the action he is about to take on behalf of the American people.'

It's a scintillating stratagem. Language is actually employed to keep thought at bay. The words 'the American people' provide a truly voluptuous cushion of reassurance. You don't need to think. Just lie back on the cushion. The cushion may be suffocating your intelligence and your critical faculties but it's very comfortable. This does not apply of course to the 40 million people living below the poverty line and the 2 million men and women imprisoned in the vast gulag of prisons, which extends across the US.

The United States no longer bothers about low intensity conflict. It no longer sees any point in being reticent or even devious. It puts its cards on the table without fear or favour. It quite simply doesn't give a damn about the United Nations, international law or critical dissent, which it regards as impotent and irrelevant. It also has its own bleating little lamb tagging behind it on a lead, the pathetic and supine Great Britain.

What has happened to our moral sensibility? Did we ever have any? What do these words mean? Do they refer to a term very rarely employed these days – conscience? A conscience to do not only with our own acts but to do with our shared responsibility in the acts of others? Is all this dead? Look at Guantanamo Bay. Hundreds of people detained without charge for over three years, with no legal representation or due process, technically detained forever. This totally illegitimate structure is maintained in defiance of the Geneva Convention. It is not only tolerated but hardly thought about by what's called the 'international community'. This criminal outrage is being committed by a country, which declares itself to be 'the leader of the free world'. Do we think about the inhabitants of Guantanamo Bay? What does the media say about them? They pop up occasionally – a small item on page six. They have been consigned to a no man's land from which indeed they may never return. At present many are on hunger strike, being force-fed, including British residents. No niceties in these force-feeding procedures. No sedative or anaesthetic. Just a tube stuck up your nose and into your throat. You vomit blood. This is torture. What has the British Foreign Secretary said about this? Nothing. What has the British Prime Minister said about this? Nothing. Why not? Because the United States has said: to criticise our conduct in Guantanamo Bay constitutes an unfriendly act. You're either with us or against us. So Blair shuts up.

The invasion of Iraq was a bandit act, an act of blatant state terrorism, demonstrating absolute contempt for the concept of international law. The invasion was an arbitrary military action inspired by a series of lies upon lies and gross manipulation of the media and therefore of the public; an act intended to consolidate American military and economic control of the Middle East masquerading – as a last resort – all other justifications having failed to justify themselves – as liberation. A formidable assertion of military force responsible for the death and mutilation of thousands and thousands of innocent people.

We have brought torture, cluster bombs, depleted uranium, innumerable acts of random murder, misery, degradation and death to the Iraqi people and call it 'bringing freedom and democracy to the Middle East'.

How many people do you have to kill before you qualify to be described as a mass murderer and a war criminal? One hundred thousand? More than enough, I would have thought. Therefore it is just that Bush and Blair be arraigned before the International Criminal Court of Justice. But Bush has been clever. He has not ratified the International Criminal Court of Justice. Therefore if any American soldier or for that matter politician finds himself in the dock Bush has warned that he will send in the marines. But Tony Blair has ratified the Court and is therefore available for prosecution. We can let the Court have his address if they're interested. It is Number 10, Downing Street, London.

Death in this context is irrelevant. Both Bush and Blair place death well away on the back burner. At least 100,000 Iraqis were killed by American bombs and missiles before the Iraq insurgency began. These people are of no moment. Their deaths don't exist. They are blank. They are not even recorded as being dead. 'We don't do body counts,' said the American general Tommy Franks.

Early in the invasion there was a photograph published on the front page of British newspapers of Tony Blair kissing the cheek of a little Iraqi boy. 'A grateful child,' said the caption. A few days later there was a story and photograph, on an inside page, of another four-year-old boy with no arms. His family had been blown up by a missile. He was the only survivor. 'When do I get my arms back?' he asked. The story was dropped. Well, Tony Blair wasn't holding him in his arms, nor the body of any other mutilated child, nor the body of any bloody corpse. Blood is dirty. It dirties your shirt and tie when you're making a sincere speech on television.

The 2,000 American dead are an embarrassment. They are transported to their graves in the dark. Funerals are unobtrusive, out of harm's way. The mutilated rot in their beds, some for the rest of their lives. So the dead and the mutilated both rot, in different kinds of graves.

Here is an extract from a poem by Pablo Neruda, 'I'm Explaining a Few Things':

And one morning all that was burning,
one morning the bonfires
leapt out of the earth
devouring human beings
and from then on fire,
gunpowder from then on,
and from then on blood.
Bandits with planes and Moors,
bandits with finger-rings and duchesses,
bandits with black friars spattering blessings
came through the sky to kill children
and the blood of children ran through the streets
without fuss, like children's blood.

Jackals that the jackals would despise
stones that the dry thistle would bite on and spit out,
vipers that the vipers would abominate.

Face to face with you I have seen the blood
of Spain tower like a tide
to drown you in one wave
of pride and knives.

Treacherous
generals:
see my dead house,
look at broken Spain:
from every house burning metal flows
instead of flowers
from every socket of Spain
Spain emerges
and from every dead child a rifle with eyes
and from every crime bullets are born
which will one day find
the bull's eye of your hearts.

And you will ask: why doesn't his poetry
speak of dreams and leaves
and the great volcanoes of his native land.

Come and see the blood in the streets.
Come and see
the blood in the streets.
Come and see the blood
in the streets!*

Let me make it quite clear that in quoting from Neruda's poem I am in no way comparing Republican Spain to Saddam Hussein's Iraq. I quote Neruda because nowhere in contemporary poetry have I read such a powerful visceral description of the bombing of civilians.

I have said earlier that the United States is now totally frank about putting its cards on the table. That is the case. Its official declared policy is now defined as 'full spectrum dominance'. That is not my term, it is theirs. 'Full spectrum dominance' means control of land, sea, air and space and all attendant resources.

The United States now occupies 702 military installations throughout the world in 132 countries, with the honourable exception of Sweden, of course. We don't quite know how they got there but they are there all right.

The United States possesses 8,000 active and operational nuclear warheads. Two thousand are on hair trigger alert, ready to be launched with 15 minutes warning. It is developing new systems of nuclear force, known as bunker busters. The British, ever cooperative, are intending to replace their own nuclear missile, Trident. Who, I wonder, are they aiming at? Osama bin Laden? You? Me? Joe Dokes? China? Paris? Who knows? What we do know is that this infantile insanity – the possession and threatened use of nuclear weapons – is at the heart of present American political philosophy. We must remind ourselves that the United States is on a permanent military footing and shows no sign of relaxing it.

Many thousands, if not millions, of people in the United States itself are demonstrably sickened, shamed and angered by their government's actions, but as things stand they are not a coherent political force – yet. But the anxiety, uncertainty and fear which we can see growing daily in the United States is unlikely to diminish.

I know that President Bush has many extremely competent speech writers but I would like to volunteer for the job myself. I propose the following short address which he can make on television to the nation. I see him grave, hair carefully combed, serious, winning, sincere, often beguiling, sometimes employing a wry smile, curiously attractive, a man's man.

'God is good. God is great. God is good. My God is good. Bin Laden's God is bad. His is a bad God. Saddam's God was bad, except he didn't have one. He was a barbarian. We are not barbarians. We don't chop people's heads off. We believe in freedom. So does God. I am not a barbarian. I am the democratically elected leader of a freedom-loving democracy. We are a compassionate society. We give compassionate electrocution and compassionate lethal injection. We are a great nation. I am not a dictator. He is. I am not a barbarian. He is. And he is. They all are. I possess moral authority. You see this fist? This is my moral authority. And don't you forget it.'

A writer's life is a highly vulnerable, almost naked activity. We don't have to weep about that. The writer makes his choice and is stuck with it. But it is true to say that you are open to all the winds, some of them icy indeed. You are out on your own, out on a limb. You find no shelter, no protection – unless you lie – in which case of course you have constructed your own protection and, it could be argued, become a politician.

I have referred to death quite a few times this evening. I shall now quote a poem of my own called 'Death'.

Where was the dead body found?
Who found the dead body?
Was the dead body dead when found?
How was the dead body found?

Who was the dead body?

Who was the father or daughter or brother
Or uncle or sister or mother or son
Of the dead and abandoned body?

Was the body dead when abandoned?
Was the body abandoned?
By whom had it been abandoned?

Was the dead body naked or dressed for a journey?

What made you declare the dead body dead?
Did you declare the dead body dead?
How well did you know the dead body?
How did you know the dead body was dead?

Did you wash the dead body
Did you close both its eyes
Did you bury the body
Did you leave it abandoned
Did you kiss the dead body

When we look into a mirror we think the image that confronts us is accurate. But move a millimetre and the image changes. We are actually looking at a never-ending range of reflections. But sometimes a writer has to smash the mirror – for it is on the other side of that mirror that the truth stares at us.

I believe that despite the enormous odds which exist, unflinching, unswerving, fierce intellectual determination, as citizens, to define the real truth of our lives and our societies is a crucial obligation which devolves upon us all. It is in fact mandatory.

If such a determination is not embodied in our political vision we have no hope of restoring what is so nearly lost to us – the dignity of man.

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* Extract from "I'm Explaining a Few Things" translated by Nathaniel Tarn, from Pablo Neruda: Selected Poems, published by Jonathan Cape, London 1970. Used by permission of The Random House Group Limited.
Posted by ENEMY OF THE STATE at 6:16 AM - No Comments   Add a Comment  
 
 Rendition, Torture and Democracy: War Crimes Under the Cover of Empire
 

http://www.counterpunch.org/morgan12072005.html

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December 7, 2005

War Crimes Under the Cover of Empire

Rendition, Torture and Democracy

By WILLIAM W. MORGAN

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What are the chances that Rice and the current National Security Advisor don't know about the secret CIA flights and the torture of prisoners? Almost zero.

This makes both guilty of concealing a crime.

What are the chances that the current interim ruler of the US, George Bush does not know of such things? Slightly more, but still not much more than zero. So he is almost certainly also guilty of conspiracy to conceal a crime.

Might not those tortured have been terrorized by the event? Weren't they in a state of terror? Under existing and/or proposed laws anyone guilty of even knowing of a terrorist act is themselves a terrorist, yes? Do we need a seventy page document from NAM to define what constitutes a terrorist act?

What about crimes against humanity? How many people must be killed before there is such an event? Or does it make a different how they are killed? Or if they are adults or children. I begin to notice now that news bulletins will often mentioned that a child was killed by a bomb. Then almost incidentally that a large number of adults were also killed. So is it more heinous--and a possible crime against humanity--to kill a child than an adult?

Is it necessary for victims to be unceremoniously dumped in a ditch after they die to have a crime against humanity? Or that they be Muslim or Christian? What about atheists and agnostics? Their death could not result in such an accusation?

Couldn't we simplify things? Nature is basically simple. And say that terrorism and crimes against humanity are the same? That they occur when a person is murdered. Intentionally killed. Whether in war or done "privately." To die is the ultimate catastrophe for any thinking being. And anyone who can do that has committed a crime against humanity. Against Homo sapiens and the concept of a thinking being.

And where does the aforementioned knowledge of a crime leave anyone in the Bush regime who knows of such events?

What of Bush's use of weapons of mass destruction? Isn't a cruise missile or a 500-2,000 lb bomb a weapon of mass destruction? Ask an Iraqi who survived one of them and/or knows people who did not. Does it really make any difference whether hundreds died from a cruise missile or from poison gas? Is the fact that you didn't die from poison gas more excusable or acceptable? That someone who carried out an attack killing hundreds of people was or was not the subject of an assassination attempt? Or his father was the victim of such an attempt.

Is the fact that you died from an attack by the political leader of a democracy more acceptable than if you died from an attack by an acknowledged dictator? Bearing in mine that anyone who dictates and controls action under penalty of death is in fact a dictator, yes? After all, they do dictate action. What you may or may not do with your life.

---

"They have engaged and they are in a conspiracy to wage aggressive war for which people were convicted at [the Nazi war crime tribunals at] Nuremburg." - Daniel Ellsberg
Posted by ENEMY OF THE STATE at 5:59 AM - No Comments   Add a Comment  
 
 Saddam: "Come and See My Cage" ALSO: Why the trial is trying for the coalition
 



http://www.counterpunch.org/patrick12072005.html

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December 7, 2005

Tales of Beatings and Electric Shocks

Saddam: "Come and See My Cage"

By PATRICK COCKBURN
in Baghdad

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Saddam Hussein shouted that he would not return "to an unjust court" after spending the fourth day of his trial listening stony-faced to a woman describe horrific tortures inflicted on her by Iraqi interrogators.

She was known only as "Witness A," testifying from behind a blue curtain, her voice electronically distorted as she told of beatings and electric shocks.

Describing her treatment by Wadah al-Sheik, an Iraqi intelligence officer who died of cancer last month, the woman said: "I was forced to take off my clothes, and he raised my legs up and tied up my hands. He continued administering electric shocks and beating me."

Sometimes bursting into tears and moaning "God is great. Oh my Lord", the woman, who was 16 at the time, told the court in Baghdad what had happened to the women and children from the Shia town of Dujail detained after a failed attempt to assassinate Saddam Hussein in 1982.

"I begged them but they hit me with their pistols," she said. "They made me put my legs up. There were five or more and they treated me like a banquet."

She gave a graphic description of the cruelties inflicted on the prisoners during her four years imprisonment. "One of my relatives was mute and deaf. They would take him before the women and hold him by his penis and mock him, making the women and children cry." At first she was tortured in the intelligence centre. She implied but did not say that she was raped. "Is that what happens to the virtuous woman that Saddam speaks about?" she said. Asked whom she held responsible, Witness A identified Saddam: "When so many people are jailed and tortured, who takes such a decision?"

In the intelligence centre in Dujail she was kept in a small red room with no light. She used her shoes as a pillow. She was given two small loaves of bread a day to eat. "After all that torture do you think we could eat?" she asked. In other prisons, at Abu Ghraib and Samawah, the mistreatment continued. She said: "This woman was giving birth, and they wouldn't let another woman help her. The foetus was stuck." The baby suffocated.

Two other anonymous witnesses were also concealed behind a curtain. Witness C described how his 65-year-old father had died after being beaten over the head. He said: "My father died in prison and I was not able to see him."

This prompted an outburst from Saddam Hussein. He said the court was listening to the witnesses' complaints "but does anyone ask Saddam Hussein whether he was tortured? Whether he was hit?"

He suggested that the court inspect the conditions under which he was held. "I live in an iron cage covered by a tent under American democratic rule. You are supposed to come and see my cage," he said.

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ALSO...

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http://lnk.nu/spiked-online.com/6td.htm

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7 December 2005

Why Saddam's trial is so trying for the coalition

The 'trial of the century' has descended into a 'comedy show'.

by Brendan O'Neill

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The trial of Saddam Hussein in Baghdad has descended into farce. No one seems to take it seriously. Saddam shouts at the judges and moans about having to walk up four flights of stairs to the courthouse because the lift is broken; today the court is in session but without Saddam, who yesterday told the judge to 'go to hell'. Coalition officials, meanwhile, seem to want little to do with the whole process. Iraqi vice-president Ghazi al-Yawer recently despaired: 'I don't know who is the genius producing this farce…it's a comedy show.' (1)

The comedy of Saddam's trial exposes a contradiction at the heart of the coalition's venture in Iraq: it has extraordinary power, but with little legitimacy behind it. It can invade a state, topple its regime in a matter of weeks, and pull its former president from a hole in the ground and put him on trial before the world - but it has neither the international legitimacy nor the local connections that might make such a trial a serious or meaningful affair. The daily reports and snapshots from the courthouse may have exposed Saddam as a ranting bearded has-been; more strikingly they have exposed the emptiness of the coalition's mission.

Some predicted that Saddam's trial would be a showtrial, an opportunity for America and Britain to demonstrate their moral superiority in international affairs by loudly accusing this tinpot tyrant. In fact, it has been decidedly unshowy. The coalition has distanced itself from the proceedings, instead handing authority to local Iraqi judges who apparently represent the aggrieved Iraqi people in this trial of a former Iraqi leader. Coalition officials insist this is a local trial, for local people.

This is not to say that the coalition has no involvement: Britain spent around £2million on training the judges, and the US provided $128million towards the investigation and prosecution processes (2). Yet that was more about outsourcing, pushing responsibility for trying Saddam on to local forces. The coalition's aim seems to be to disavow responsibility for the trial and its outcome - and, by association, for the war and occupation that led to this process - rather than to take ownership of the trial as an international advert for their moral and political credentials.

That is in stark contrast to earlier war crimes trials of the post-Cold War period. In the 1990s, setting up tribunals to try war criminals from various parts of the third world became an important part of the West's attempt to rehabilitate its moral authority around the globe. In 1993, the UN Security Council set up an international tribunal to try those accused of war crimes in the Former Yugoslavia; in 1997, the war crimes tribunal for the Rwandan conflict of 1994 got under way. There is also one for Sierra Leone. These were highly political endeavours. It was striking, for instance, that war crimes always seemed to be committed by people 'over there', whether they were Bosnian Serb militiamen or Hutus with machetes. As Kirsten Sellars argues in The Rise and Rise of Human Rights, these tribunals were in reality 'political weapons' wielded by the West, further attempts to imbue Western governments with a sense of moral purpose by contrasting them favourably with the barbarians in Eastern Europe or Africa (3).

Unlike Saddam's trial, these earlier tribunals were explicitly international. The alleged war criminals were taken out of their own territory and tried on an international stage: so Slobodan Milosevic and various other former leaders and fighters in the Yugoslav wars have been taken to The Hague in the Netherlands, while Rwanda's Hutu leaders were tried by a UN-authorised court in Tanzania. Indeed, these tribunals were built on the very idea that local authorities could not be trusted to try war criminals, and only the 'international community' could really ensure that justice was done.

This was a deeply undemocratic premise: the idea was that international lawyers were in a better position to hold former foreign leaders or military officials to account precisely because they had no local connections and were above the conflict in question. It was, apparently, their very aloofness and unaccountability that made them good judges of what should happen in other states' affairs and who should be punished for what. Here, the international community's apparently selfless humanitarianism was contrasted with the petty local violence of Bosnian Serbs or Rwandan Hutus; the international was good and pure and honest - the local was self-interested, irrational and untrustworthy.

Yet now, Saddam's trial is the very reverse of these earlier war crimes tribunals: the emphasis is entirely on the local, on allowing, in the words of President Bush, Iraqis 'to decide Saddam's fate' (4). This shift from international trials of Serbs and Hutus in the Nineties to a local trial of Ba'athists today reveals the depth of America's crisis of authority on the international stage. The Iraq war exposed the fiction of an international community: there was not unanimous support for the invasion on the UN security council; leading UN officials, including secretary-general Kofi Annan, openly criticised aspects of the war and occupation; America had very public falling-outs with France and Germany over the war.

In such circumstances, how could an international trial of Saddam be seriously organised? Would the UN be willing to set up a tribunal as it did for the Former Yugoslavia and Rwanda?

And would world leaders recognise the process, or use it to have further pops at the Bush administration and Blair? The coalition has made Saddam's trial local because they feel their international moral authority ebbing away.

(In the process, they have angered some of those international lawyers who have made a very good living from trying foreigners in undemocratic and aloof tribunals. So in the current Spectator, Geoffrey Robertson, vice president of the UN's war crimes court for Sierra Leone, says Saddam's trial should be 'transferred to The Hague' because the local Iraqi system 'cannot produce a proper trial'. The current proceedings are likely, he says, to become 'an example of that wild justice - revenge' (5). In short, the locals can't be trusted; best get a decent fellow like Robertson to pass judgement on Saddam. Robertson and others cling to their view of international humanitarianism even as recent events show it to be a sham.)

If the localisation, if you like, of Saddam's trial is a consequence of a crisis of authority on the international stage, then the collapse of the trial into a 'comedy show' highlights the crisis of authority in Iraq itself. America and Britain lack the moral authority to try Saddam internationally, and they and their allies in Iraq also lack the kind of local legitimacy that might have made a local trial an at least half-serious affair.

In postwar Iraq, there is no properly authoritative or democratic system that can organise a serious case even against a tinpot tyrant turned mad old man like Saddam. Consider the judges in the court. They are Iraqis who were given crash courses in Western standards of law by legal experts in London and held courtroom rehearsals in Italy and the Netherlands, before being flown back to Iraq to oversee what some were referring to as 'the trial of the century' (5). They had little earlier experience of legal matters because, of course, under Saddam due process did not really exist. There are 30 judges, but only one judge's name has been revealed for security reasons, as earlier this year one of them was assassinated. It is a measure of the court's lack of local authority that the judges have to remain anonymous and worry about being knocked off by insurgents.

It is this fundamental lack of legitimacy that allows Saddam and his lawyers to shout and rant. With the Americans and British fleeing from the trial and wanting to have as little to do with it as possible, and the newly installed judges not really representing any coherent Iraqi government or state, the way is open for Saddam simply to mock the proceedings and tell the judges to get lost. Likewise, the court's nakedly cynical focus on only certain crimes committed by Saddam - such as the massacre of 143 people in the town of al-Dujayl - leaves it open to the challenge: 'What about other crimes, including those that were given the nod by America?' Saddam may well raise this issue. In the absence of real authority in the courtroom, he and his cronies can poke fun or point the finger back at the judges and their supporters in the coalition.

Ironically, despite the fact that the trial has become a 'comedy show', the coalition now seems seriously to hope that these proceedings will transform Iraq. Many believe the trial will have a therapeutic effect on the Iraqi people, wake them from their Saddam-era stupour, and point them in the right direction to democracy and liberty. One newspaper editorial has claimed that the trial is 'a necessary stage in the purging of Iraq's demons. Until the fate of Iraq's former dictator is resolved, it is hard to see how the country will be able to leave its past behind'.

Others claim there can be no reconciliation or political development 'without such a trial' (6).

This gets things entirely the wrong way round: instead of a situation where a legitimate Iraqi state is trying Saddam, the coalition hopes that the trial of Saddam will somehow magic up a legitimate Iraqi state. Coalition officials seem to think that these proceedings will provide the impetus to installing democracy and decency in Iraq, which explains why they funded these proceedings, trained the lawyers and insisted that Saddam be tried locally. From this view, the problem in Iraq is the people and their attitudes: they are, apparently, still in thrall to their former dictator and need to 'see and hear' him on trial in order to snap out of it. The coalition's responsibility for making a mess of postwar Iraq is shifted on to Iraqis for not yet getting over the past. The trial of Saddam is burdened, not only with having to pass judgement on a former dictator, but also with liberating Iraq and leading it to a bright future. Whatever it decides to do with Saddam, it will not be able to remake Iraq.

If the current trial shows anything it is that the past isn't the problem; it's the present, and the replacement of a dictatorship with a hollow government and hollow courts that seem neither to be the property of coalition officials nor of the Iraqi people.

Visit Brendan O'Neill's website. http://www.brendanoneill.net/

Read on: (Supporting Links at Source URL)

spiked-issue: War on Iraq

(1) First witnesses in rowdy day at trial in Iraq , New York Times, 6 December 2005

(2) See Saddam's trial: whose demons are they anyway? by David Chandler

(3) The Rise and Rise of Human Rights, Kirsten Sellars, Sutton Publishing, 2002

(4) Iraqis to decide Saddam's fate: Bush, Rediff.com, 16 December 2003

(5) The trial of the century , CBS News, 16 December 2003

(6) 'Saddam Hussein is not the only one on trial', Independent, 19 October 2005
Posted by ENEMY OF THE STATE at 5:51 AM - No Comments   Add a Comment  
 
 Suit Decries New Secrecy in Government
 

http://lnk.nu/seattlepi.nwsource.com/6tc.html

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SEATTLE POST-INTELLIGENCER

Tuesday, December 6, 2005

Suit decries new secrecy in government

By MICHAEL J. SNIFFEN
ASSOCIATED PRESS WRITER

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WASHINGTON -- Breaking a tradition of openness that began in 1816, the Bush administration has without explanation withheld the names and work locations of about 900,000 of its civilian workers, according to a lawsuit filed Tuesday.

"Citizens have a right to know who is working for the government," said Adina Rosenbaum, attorney for the co-directors of the Transactional Records Access Clearinghouse, a research group at Syracuse University, who sued under the Freedom of Information act to get the data.

Since 1989, TRAC has been posting on the Internet a database with the name, work location, salary and job category of all 2.7 million federal civilian workers except those in some law enforcement agencies. The data are often used by reporters and government watchdog groups to monitor policies and detect waste or abuse.

Recently, the Union of Concerned Scientists and Public Employees for Environmental Responsibility used the database to identify and locate U.S. Fish and Wildlife Service scientists for a survey. Many of the scientists complained of political intervention into their research.

TRAC used the data to monitor the Bush administration's promise to increase security along the Canadian border after the Sept. 11, 2001, attacks. Six months later, TRAC found Border Patrol agents on that border were up from 331 to just 346. Another year later, the number had reached 515, but not one was assigned to the Canada-Alaska border despite Alaska's potential strategic targets.

The New York Daily News used the data to find the names of guards at a federal detention center where prisoner abuse was alleged. Another reporter used it to find the names of Transportation Security Administration guards assigned to New York's LaGuardia Airport to pursue cargo theft allegations.

"Secret governors are incompatible with a free government," the TRAC co-directors wrote the federal Office of Personnel Management last Feb. 2 when the agency withheld the data. "Basic information about the employees who carry out the day-to-day actions of government is critical for meaningful public oversight."

They are David Burnham, a former New York Times reporter who directs TRAC's Washington office, and Susan B. Long, a Syracuse University professor who runs its upstate New York office. The suit was filed in federal court in Syracuse, N.Y.

OPM spokesman Mike Orenstein said the agency would not comment until it had time to review the lawsuit.

Using FOIA, TRAC has obtained the data on compact discs every three months since 1989. But the federal government began publicly naming its employees, their job category, salary and workplace in 1816.

The first entry in the 1816 register was James Madison. He was identified as president of the United States in Washington at a salary of $25,000 - and born in Virginia. The second entry was Secretary of State James Monroe, salary: $5,000.

Lower on that page were Treasury Department messenger John Connell, a Marylander who worked in Washington for $410 a year, and Comptroller's Office clerk Richard H. Briscoe, another Marylander working in Washington, for $1,000 a year.

The last complete data set provided by OPM covered 2003. Since then, all records of civilian employees of the Defense Department have been withheld and name and duty locations were withheld for an estimated 150,000 other civilian workers, the lawsuit said. The others work in 650 occupations at 250 different agencies including the Federal Trade Commission, the National Park Service and the Occupational Health and Safety Administration.

Gary A. Lukowski, OPM's workforce information manager, wrote TRAC in late 2004 that the agency was reviewing its policy "on disclosure of individual employee records as this relates to the Freedom of Information Act and the Privacy Act."

Last spring, Lukowski forwarded the 2004 discs and noted that the "major change affecting your request is that individual records for the Department of Defense are excluded from the file provided." He told TRAC it would have to request the records from the Pentagon directly.

The lawsuit said that, in violation of the FOIA, OPM did not even mention that another 150,000 names and workplaces had been deleted or why and that OPM has not responded to requests to explain its new policy.

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On the Net:

TRAC report on lawsuit: http://trac.syr.edu/foia/
Posted by ENEMY OF THE STATE at 5:39 AM - No Comments   Add a Comment  
 
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