Archive for December, 2008

Iraqi shoe thrower vows never to apologize to Bush, family says

December 22, 2008

RINF.COM, Sunday, Dec 21, 2008

Shoe-throwing journalist Muntather Zaidi told his family he would never apologize to President Bush for hurling his footwear at the American leader, even if he is chopped into pieces, his brother said after visiting him for the first time Sunday.

Muntather has become an unlikely hero to America’s critics for lobbing his shoes at Bush a week ago during the president’s surprise trip to Baghdad. His actions have been praised by religious leaders, ordinary people and governments hostile to the United States and even prompted marriage offers.

Muntather, from the Cairo-based satellite channel Baghdadiya, has been locked away and kept out of the public eye since last Sunday. The Iraqi government announced earlier in the week that Muntather had written to Prime Minister Nouri Maliki requesting forgiveness for attacking Bush. But Muntather’s brother Uday challenged the government’s assertions after the family’s first visit with the shoe-thrower.

” ‘Muntather said that he was forced to apologize to Maliki and he will never, never apologize to Bush even if they cut him into small pieces,’ ” Uday told The Times after his visit with his brother.

Uday said his brother had lost a tooth and his nose had required stitches because of the beatings he had suffered in custody.

“There were multiple bruises all over his body. There were cigarette burns behind his ears. He was beaten with metal rods. His eyes were swollen. They have assigned two medical doctors … to provide him with treatment in order to hide the evidence of torture,” Uday said

A judge investigating the case told the Associated Press on Friday that Muntather showed signs of having been beaten in custody.

According to his brother, Muntather had no regrets for attempting to hit Bush at a joint press conference with Maliki. He said Muntather told him: ” ‘I do not regret what I did. If I went back in time, I would do the same thing.’ ”

Uday said his brother wanted the world to know that he threw the shoe not for money, fame or an ulterior motive and had been ready to die. ” ‘I thought I was going to be shot immediately as I saw the bodyguards with the guns standing there, but I really did not care. I was prepared for anything because I did this for my country,’ ” Uday said his brother told him.

Meeting with Iraqi reporters on Saturday, Maliki criticized Muntather for giving the world a “bad image” of Iraq and harming the reputation of its journalists. Even so, Maliki said he made sure the journalist had a pillow, clean sheets and clothing his first night in captivity. He vowed the courts would decide Muntather’s fate. Before speaking, he listened to Iraqi reporters condemn Muntather’s behavior.

– Caesar Ahmed and Ned Parker in Baghdad

The Unfortunate, the Innocent and the Wrongly Convicted in the United States

December 22, 2008

Country Without Mercy

PAUL CRAIG ROBERTS | Counterpunch, Dec 19 – 21, 2008

The Christmas season is a time to remember the unfortunate, among whom are those who have been wrongly convicted.

In the United States, the country with the largest prison population in the world, the number of wrongly convicted is very large. Hardly any felony charges are resolved with trials. The vast majority of defendants, both innocent and guilty, are coerced into plea bargains. Not only are the innocent framed, but the guilty as well. It is quicker and less expensive to frame the guilty than to convict them on the evidence.

Many Americans are wrongfully convicted because they trust the justice system. They naively believe that police and prosecutors are moved by evidence and have a sense of justice. The trust they have in authorities makes them easy victims of a system that has no moral conscience and is untroubled by the injustice it perpetrates.

Lt. William Strong, son of a military family, tired of his wife’s unfaithfulness and filed for divorce. The unfaithful wife retaliated by accusing Strong of rape. There was no evidence of rape, but Strong was deceived into a plea bargain. Once Strong entered a plea, he was double-crossed and given 60 years.

Christophe Gaynor took an adolescent skateboard team to New York City for a competition. One of the kids attempted to buy illicit drugs. Gaynor threatened to tell the boy’s parents, and the boy pre-empted Gaynor by accusing him of sexual molestation.
Gaynor was openly framed in the Arlington, Virginia, court system.

Americans, or, perhaps more accurately, some Americans, were horrified by the photographs showing the torture of Iraqi detainees in Abu Ghraib by the U.S. military. The Senate Armed Services Committee has issued a report, which concludes that the torture policy originated at the highest level of the Bush administration. Those Americans with a moral conscience have reeled under further revelations – the torture of Guantanamo detainees, the transport of people seized by U.S. authorities to Third World countries to be tortured.

We have to ask ourselves, why American service men and women and CIA operatives delight in torturing people about whom they know nothing? It has been well known since the Stalin era that torture never produces accurate information. Yet, U.S. soldiers and CIA personnel jumped at the green light given to torture by President George W. Bush, Vice President Dick Cheney, Secretary of Defense Rumsfeld, and the U.S. Department of Justice. Why weren’t our soldiers shocked instead at the immorality of their leaders?

One answer is that the U.S. military no longer operates according to a code of honor. Military discipline in the traditional sense does not exist. The ethos of the U.S. military has degenerated into kick-ass macho. Major General Taguba, who, instead of covering up the Abu Ghraib scandal, attempted in his report to hold the U.S. military to its traditional principles, was forced to resign from the U.S. Army.

Another answer is that the work of torture, like police work and prosecutorial work, attracts brutal people who enjoy inflicting harm on others. The two Republican female U.S. attorneys in Alabama who framed Democratic Governor Seligman enjoyed ruining Seligman and bringing grief to his family.

Deborah Davies of the BBC’s Channel 4 undertook a four-month investigation of the torture of American prisoners inside American prisons. Videos taken by sadistic prison guards and videos recovered from surveillance cameras reveal horrible acts of torture and even of murder of prisoners by prison guards.

An American prison reformer told Deborah Davies, “We’ve become immune to the abuse. The brutality has become customary.”

“Law and order conservatives” have a great responsibility for this evil. Just as “law and order conservatives” created hysteria among the people about crime, they created hysteria about terrorists. Hysterical people condone great evils and arm government with power in the mistaken belief that it will protect them.

What kind of people have we become when we exercise no oversight over a criminal justice (sic) system that destroys the lives of innocent people and locks them away in prisons to be tortured by sadistic guards?

Paul Craig Roberts was Assistant Secretary of the Treasury in the Reagan administration. He is coauthor of The Tyranny of Good Intentions.He can be reached at: PaulCraigRoberts@yahoo.com

Robert Fisk’s World: One missing word sowed the seeds of catastrophe

December 22, 2008

No one in 1967 thought the Arab-Israeli conflict would still be in progress 41 years later

The Independent, UK, Dec 20, 2008

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A nit-picker this week. And given the fact that we’re all remembering human rights, the Palestinians come to mind since they have precious few of them, and the Israelis because they have the luxury of a lot of them.

And Lord Blair, since he’ll be communing with God next week, might also reflect that he still – to his shame – hasn’t visited Gaza. But the nit-picking has got to be our old friend United Nations Security Council Resolution 242. This, you’ll recall, was supposed to be the resolution that would guide all future peace efforts in the Middle East; Oslo was supposed to have been founded on it and all sorts of other processes and summits and road maps.

It was passed in November 1967, after Israel had occupied Gaza, the West Bank, East Jerusalem, the Sinai and Golan, and it emphasises “the inadmissibility of the acquisition of territory by war” and calls for “withdrawal of Israeli armed forces from territories occupied in the recent conflict”.

Readers who know the problem here will be joined by those who will immediately pick it up. The Israelis say that they are not required to withdraw from all the territories – because the word “all” is missing and since the definite article “the” is missing before the word “territories”, its up to Israel to decide which bits of the occupied territories it gives up and which bits it keeps.

Hence Israel can say it gave up Sinai in accordance with 242 but is going to keep East Jerusalem and much of the West Bank for its settlers. Golan depends on negotiations with Syria. And Gaza? Well, 242 doesn’t say anything about imprisoning one and a half million civilians because they voted for the wrong people. No one in 1967 dreamed that the Israeli-Arab conflict would still be in ferocious progress 41 years later. And as an Independent reader pointed out a couple of years ago, the Security Council clearly never intended the absence of a definite article to give Israel an excuse to stay in the West Bank. Alas, our reader was wrong.

I’ve been going back through my files on 242 and discovered a most elucidating paper by John McHugo, who was a visiting fellow at the Scottish Centre for International Law at Edinburgh University. He points out that pro-Israeli lawyers have been saying for some years that “Resolution 242 unanimously called for withdrawal from ‘territories’ rather than withdrawal from ‘all the territories’. Its choice of words was deliberate… they signify that withdrawal if required from some but not all the territories”.

McHugo is, so far as I know, the only man to re-examine the actual UN debates on 242 and they make very unhappy reading. The French and Spanish versions of the text actually use the definite article. But the Brits – apparently following a bit of strong-arm tactics from the Americans – did not use “the”. Lord Caradon, our man at the UN, insisted on putting in the phrase about the “inadmissability of the acquisition of territory by war” in order to stop the Israelis claiming that they could cherry-pick which lands to return and which to hand on to. Britain accepted Jordan’s rule over the West Back – the PLO were still shunned as super-terrorists at the time – but it did no good. Abba Eban, Israel’s man on the East River, did his best to persuade Caradon to delete both “the” and the bit about the inadmissability of territory through war. He won the first battle, but not the second.

That great American statesman George Ball was to recount how, when the Arabs negotiated over 242 in early November of 1967 – at the Waldorf Astoria (these guys knew how to pick the swankiest hotels for political betrayal) – the US ambassador to the UN, Arthur Goldberg, told King Hussein that America “could not guarantee that everything would be returned by Israel”. The Arabs distrusted Goldberg because he was known to be pro-Zionist, but Hussein was much comforted when US Secretary of State Dean Rusk assured him in Washington that the US “did not approve of Israeli retention of the West Bank”. Hussein was further encouraged when he met President Johnson who told him that Israeli withdrawal might take place in “six months”. Goldberg further boosted his confidence. “Don’t worry. They’re on board,” he said of the Israelis. Ho ho.

It’s intriguing to note that several other nations at the UN were troubled by the absence of “the”. The Indian delegate, for example, pointed out that the resolution referred to “all the territories – I repeat all the territories – occupied by Israel…” while the Soviet Union (which knew all about occupying other people’s countries) stated that “we understand the decision to mean the withdrawal of Israeli forces from all, and we repeat, all territories belonging to Arab states and seized by Israel…”. President Johnson rebuffed the Soviets and bluntly refused to put the word “all” in the resolution. Bulgaria, not surprisingly, said much the same as the Soviets. Brazil expressed reservations – rightly so – about “the clarity of the wording”. The Argentinians “would have preferred a clearer text”. In other words, the future tragedy was spotted at the time. But we did nothing. The Americans had stitched it up and the Brits went along with it. The Arabs were not happy but foolishly – and typically – relied on Caradon’s assurances that “all” the territories was what 242 meant, even if it didn’t say so. Israel still fought hard to get rid of the “inadmissability” bit, even when it had got “the” out.

Ye gods! Talk about sewing the seeds of future catastrophe. Well, Colin Powell, when he was George W Bush’s secretary of state, gutlessly told US diplomats to call the West Bank “disputed” rather than “occupied” – which suited the Israelis just fine although, as McHugo pointed out, the Israelis might like to consider what would happen if the Arabs talked about those bits of Israel which were not included in the original UN partition plan as “disputed” as well. Besides, George W’s infamous letter to Ariel Sharon, saying he could, in effect, keep large bits of the West Bank, set the seal on Johnson’s deception.

McHugo mischievously adds that a mandatory warning in a city that says “dogs must be kept on the lead near ponds in the park” clearly means that “all” dogs and “all” ponds are intended. These days, of course, we use walls to keep dogs out. Palestinians, too.

Systematic Failure to Protect Unaccompanied Migrant Children in Greece

December 22, 2008

Left to Survive

Some 1,000 unaccompanied migrant children who have entered Greece in 2008 without parents or caregivers struggle to survive without any state assistance, Human Rights Watch said in a new report issued today. Although a member of the European Union, Greece flouts its most basic obligations when it comes to meeting the rights of these children, many of whom come from war-torn countries, including Afghanistan, Somalia, and Iraq, with special protection needs.

This 111-page report documents the plight of the majority of unaccompanied children who have entered Greece and end up in a daily fight for survival.

RIGHTS-INDIA: New Anti-Terror Laws Draconian Say Activists

December 22, 2008

Analysis by Praful Bidwai | Inter Press Service

NEW DELHI, Dec 19 (IPS) – Following the late November terror attacks in Mumbai, India has passed two tough laws being seen by rights activists as potentially eroding the country’s federal structure and limiting fundamental liberties.

Parliament — meeting under the shadow of the November 26-29 attacks on India’s commercial hub resulting in close to 200 deaths — approved the legislations on Thursday with no considered debate and the ruling United Progressive Alliance (UPA) of Prime Minister Manmohan Singh pushing them past amendments tabled by several parliamentarians.

One law, the National Investigation Agency (NIA) Act, seeks to establish a new police organisation to investigate acts of terrorism and other statutory offences.

The other, the Unlawful Activities (Prevention) Amendment (UAPA) Act, radically changes procedures for trying those accused of terrorism, extends the periods of police custody and of detention without charges, denies bail to foreigners, and the reverses the burden of proof in many instances.

Civil liberties activists and public-spirited citizens are appalled at the new laws, which they describe as draconian and excessive in relation to the measures India really needs to take to fight terrorism.

“The UAPA Act is particularly vile, and will have the effect of turning India into a virtual police state,” says Colin Gonsalves, executive director of the Delhi-based Human Rights Law Network. “It basically brings back a discredited law, the Prevention of Terrorism Act of 2002 (POTA), except for admitting confessions made to a police officer as legal evidence.”

POTA was an extremely unpopular law, which the UPA government abrogated upon coming to power in 2004 in response to innumerable complaints of its selective and discriminatory use against India’s Muslim minority, and its cavalier and irresponsible application to offences not even remotely connected with terrorism.

While rescinding POTA, the UPA kept in place all of India’s criminal laws, which are much stricter than those in many democracies.

In addition, it also enacted an amendment to the Unlawful Activities Act, 1967, which increased punishment for committing acts of terrorism and for harbouring terrorists or financing them, enhanced police powers of seizures, made communications intercepts admissible as evidence, and increased the period of detention without charges to 90 days from the existing 30 days.

However, this was not enough to please those who want a “strong” militarised state which will prevent and punish terrorism by violating the citizen’s fundamental rights, including the right to a fair trial, and not to be detained without charges.

India’s main right-wing political group, the Bharatiya Janata Party, has been stridently demanding that POTA be re-enacted. Until recently, the UPA, the Left and other centrist parties stood firm in rejecting the demand despite the numerous terrorist attacks that India has suffered over the past few years.

“But now, the UPA has suddenly, and shamefully, caved in to the BJP’s demand under the pressure of elite opinion,” says Jairus Banaji, a highly regarded Mumbai-based social scientist. “The capitulation seems to be based on the UPA’s anxiety to counter the BJP’s ridiculous charge that it lacks the will to fight terrorism, and on its political calculations about the next general election due by May.”

In its desperation to be seen to be taking a tough stand against terrorism, the Manmohan Singh government also tabled the NIA Bill earlier this week. The new agency will specifically investigate offences related to atomic energy, aviation and maritime transport, weapons of mass destruction, and Left-wing extremism, besides terrorism.

Significantly, it excludes Right-wing terrorism, which has become a greater menace in India.

Unlike the existing Central Bureau of Investigation, which needs the consent of a state before investigating crimes there, the NIA will not need a state’s concurrence. This is a serious infringement of the federal system, where law and order is a state subject.

Many state governments and regional political parties have sharply criticised the Act on this count. In India, Central agencies are politically vulnerable to manipulation by New Delhi and often used to settle scores with states ruled by opposition parties.

The NIA Act also provides for special courts to try various offences. This too has drawn criticism from eminent lawyers such as Rajeev Dhavan, who argues that the potential misuse of this anti-terror legislation will now “come from both the states and the union, which can hijack the case”.

The UAPA Act contains a number of draconian clauses, and is also applicable to the entire country — unlike the Unlawful Activities Act, which was originally not extended to the strife-torn state of Jammu and Kashmir. This too has drawn protests from Kashmir-based political parties and human rights groups.

The stringent clauses cover a broad range, including a redefinition of terrorism, harsh punishment extending from five years’ imprisonment to life sentence or death, long periods of detention, and presumption of guilt in case weapons are recovered from an accused person.

The new definition now includes acts done with the intent to threaten or “likely” to threaten the unity, integrity, security or sovereignty of India, and offences related to radioactive or nuclear substances, and even attempts to overawe, kidnap or abduct constitutional and other functionaries that may be listed by the government. Dhavan says: “The list is potentially endless.”

Under the Act, an accused can be held in police custody for 30 days, and further detained without charges for 180 days, although courts can restrict the period to 90 days.

“This is a travesty of constitutional rights and the rule of law,” says Gonsalves. “Even worse is the presumption of guilt in case there is a recovery of arms, explosives and other substances, suspected to be involved, including fingerprints on them. The police in India routinely plants such arms and explosives, and creates a false record of recovery.”

“The very fact that offences such as organising terrorist training camps or recruiting or harbouring terrorists carry a punishment as broad as three or five years to life imprisonment shows that the government has not applied its mind to the issue,’’ Gonsalves added.

Under the Act, there is a general obligation to disclose any information that a police officer of a certain rank thinks is relevant to the investigation. Failure to disclose information can lead to imprisonment for three years. Journalists are not exempt from this.

Besides making telecommunications and e-mail intercepts admissible as evidence, the Act also denies bail to all foreign nationals, and mandates a refusal of bail to anyone if a prima facie case exists, which is decided on the basis of a First Information Report filed by the police.

POTA and its predecessor, Terrorist and Disruptive Activities (Prevention) Act (TADA), were extensively abused. They typically targeted the religious minorities, specifically Muslims, and allowed for their harassment and persecution.

The TADA story is especially horrifying. Some 67,000 people were arrested under it, but only 8,000 put on trial, and a mere 725 convicted.

Official TADA Review Committees themselves found the law’s application untenable in all but 5,000 cases. In 1993, Gujarat witnessed no terrorism, but more than 19,000 people were still arrested under TADA.

Religious minorities were selectively targeted under both Acts. For instance, in Rajasthan, of 115 TADA detainees, 112 were Muslims and three Sikhs.

Gujarat had a worse pattern under POTA, when all but one of the 200-plus detainees were Muslims, the remaining one a Sikh.

The passing of the two new laws is certain to increase the alienation of India’s Muslims from the state. They have been the principal victims of India’s anti-terrorism strategy and activities in recent years.

Muslims are first to be arrested and interrogated after any terrorist incident, even when the victims are Muslims, and although strong evidence has recently emerged of a well-ramified pro-Hindu terrorist network, in which serving and retired army officers were found to be key players.

Muslims also distressed at the alacrity and haste with which the new laws were passed, especially since it contrasts with the UPA government’s failure to enact a law it promised five years ago to punish communal violence and hate crimes targeting specific religious groups.

“This will pave the way for more disaffection amongst Muslims and make the social and political climate more conducive to terrorism,” argues Gonsalves. “Even worse, it will promote excesses of the kind associated with state terrorism. And that is no way to fight sub-state terrorism.”

Erich Fried – A Courageous and Upright Jew and Great Poet

December 21, 2008

Source: codoh.com

Erich Fried – the most famous German-speaking poet in the modern world – was one of the first sponsors of the RETURN statement. He was a refugee from his native Austria, from where he fled after the Anschluss in 1938, his father having been beaten and tortured to death by the Gestapo. It was because of his experience of Nazism and anti-Semitism that Erich Fried became a mentor to the anti-Vietnam war movement in West Germany. He was particularly close to Rudi Dutschcke and spoke up for those who, like Ulrike Meinhoff, sought quick solutions to the problems of modern-day German capitalism. During the war he became a broadcaster for the BBC External Services. He remained a committed socialist and a trenchant critic of Stalinism in Eastern Europe.

It was because of his experience of racism and fascism that he was to take up the cudgels against Zionism and in support of the Palestinians, who, like himself, had been driven from their native land to exile. During the controversy over the PERDITION, Jim Allen’s play which documented the collaboration of the Zionist movement with Nazism, Erich Fried came out staunchly in defence of the play. In the book of the play he wrote that he wished that he could have written such a play, such was his modesty.

Erich Fried was and is an inspiration to anti-fascists and anti-Zionists everywhere, especially in the growing numbers of young anti-Zionist Jews for whom he was a living link with an earlier generation of socialist Jews.

In the last years of his life, the BBC featured him in their series EXILES, which drew a predictably hostile response from the Zionist Jewish Chronicle, but which was a long overdue tribute to this most courageous of fighters.

Erich Fried’s poem ‘A Jew to Zionist Fighters, 1988′ was included in his last collection ‘Unverwundenes – Liebe, Trauer, Widersprüche – Gedichte’ (Uninjured – Love, Grief, Contradictions – Poems), published by Verlag Klaus Wagenbach, Berlin, 1988. The translation, by Frank Monahan, was published in RETURN magazine, March 1990, with permission of the publishers and of Katherine Fried.

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

A Jew to Zionist Fighters, 1988

What do you actually want?
Do you really want to outdo
those who trod you down
a generation ago
into your own blood
and into your own excrement
Do you want to pass on the old torture
to others now
in all its bloody and dirty detail
with all the brutal delight of torturers
as suffered by your fathers?
Do you really want to be the new Gestapo
the new Wehrmacht
the new SA and SS
and turn the Palestinians
into the new Jews?
Well then I too want,
having fifty years ago
myself been tormented for being a Jewboy
by your tormentors,
to be a new Jew with these new Jews
you are making of the Palestinians
And I want to help lead them as a free people
into their own land of Palestine
from whence you have driven them or in which you plague them
you apprentices of the Swastika
you fools and changelings of history
whose Star of David on your flags
turns every quicker
into that damned symbol with its four feet
that you just do not want to see
but whose path you are following today

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

Richard Falk: My expulsion from Israel

December 21, 2008

When I arrived in Israel as a UN representative I knew there might be problems at the airport. And there were

On December 14, I arrived at Ben Gurion airport in Tel Aviv, Israel to carry out my UN role as special rapporteur on the Palestinian territories.

I was leading a mission that had intended to visit the West Bank and Gaza to prepare a report on Israel’s compliance with human rights standards and international humanitarian law. Meetings had been scheduled on an hourly basis during the six days, starting with Mahmoud Abbas, the president of the Palestinian Authority, the following day.

I knew that there might be problems at the airport. Israel had strongly opposed my appointment a few months earlier and its foreign ministry had issued a statement that it would bar my entry if I came to Israel in my capacity as a UN representative.

At the same time, I would not have made the long journey from California, where I live, had I not been reasonably optimistic about my chances of getting in. Israel was informed that I would lead the mission and given a copy of my itinerary, and issued visas to the two people assisting me: a staff security person and an assistant, both of whom work at the office of the high commissioner of human rights in Geneva.

To avoid an incident at the airport, Israel could have either refused to grant visas or communicated to the UN that I would not be allowed to enter, but neither step was taken. It seemed that Israel wanted to teach me, and more significantly, the UN a lesson: there will be no cooperation with those who make strong criticisms of Israel’s occupation policy.

After being denied entry, I was put in a holding room with about 20 others experiencing entry problems. At this point, I was treated not as a UN representative, but as some sort of security threat, subjected to an inch-by-inch body search and the most meticulous luggage inspection I have ever witnessed.

I was separated from my two UN companions who were allowed to enter Israel and taken to the airport detention facility a mile or so away. I was required to put all my bags and cell phone in a room and taken to a locked tiny room that smelled of urine and filth. It contained five other detainees and was an unwelcome invitation to claustrophobia. I spent the next 15 hours so confined, which amounted to a cram course on the miseries of prison life, including dirty sheets, inedible food and lights that were too bright or darkness controlled from the guard office.

Of course, my disappointment and harsh confinement were trivial matters, not by themselves worthy of notice, given the sorts of serious hardships that millions around the world daily endure. Their importance is largely symbolic. I am an individual who had done nothing wrong beyond express strong disapproval of policies of a sovereign state. More importantly, the obvious intention was to humble me as a UN representative and thereby send a message of defiance to the United Nations.

Israel had all along accused me of bias and of making inflammatory charges relating to the occupation of Palestinian territories. I deny that I am biased, but rather insist that I have tried to be truthful in assessing the facts and relevant law. It is the character of the occupation that gives rise to sharp criticism of Israel’s approach, especially its harsh blockade of Gaza, resulting in the collective punishment of the 1.5 million inhabitants. By attacking the observer rather than what is observed, Israel plays a clever mind game. It directs attention away from the realities of the occupation, practising effectively a politics of distraction.

The blockade of Gaza serves no legitimate Israeli function. It is supposedly imposed in retaliation for some Hamas and Islamic Jihad rockets that have been fired across the border at the Israeli town of Sderot. The wrongfulness of firing such rockets is unquestionable, yet this in no way justifies indiscriminate Israeli retaliation against the entire civilian population of Gaza.

The purpose of my reports is to document on behalf of the UN the urgency of the situation in Gaza and elsewhere in occupied Palestine. Such work is particularly important now as there are signs of a renewed escalation of violence and even of a threatened Israeli reoccupation.

Before such a catastrophe happens, it is important to make the situation as transparent as possible, and that is what I had hoped to do in carrying out my mission. Although denied entry, my effort will continue to use all available means to document the realities of the Israeli occupation as truthfully as possible.

• Richard Falk is professor of international law at Princeton University and the UN’s special rapporteur on the Palestinian territories

Up to 30,000 more U.S. troops in Afghanistan by summer

December 21, 2008

REUTERS
Reuters North American News Service

Dec 20, 2008 11:25 EST

KABUL, Dec 20 (Reuters) – The United States is looking to send 20,000 to 30,000 extra troops to Afghanistan by the beginning of next summer, the chairman of the U.S. joint chiefs of staff said on Saturday.

Washington is already sending some 3,000 extra troops in January and another 2,800 by spring, but officials have previously said the number would be made up to 20,000 in the next 12 to 18 months, once approved by the U.S. administration.

“Some 20 to 30,000 is the window of overall increase from where we are right now. I don’t have an exact number,” Admiral Mike Mullen told reporters.

“We’ve agreed on the requirement and so it’s really clear to me we’re going to fill that requirement so it’s not a matter of if, but when,” he said. “We’re looking to get them here in the spring, but certainly by the beginning of summer at the latest.”

U.S. Army General David McKiernan has asked for the extra troops to halt a growing Taliban insurgency particularly in the east and south of Afghanistan.

President-elect Barack Obama has pledged a renewed focus on Afghanistan, where U.S.-led forces toppled the Taliban government in late 2001 after the Sept. 11 attacks on the United States.

The United States now has some 31,000 troops in Afghanistan, some of them operating independently and some operating as part of a 51,000-strong NATO-led security assistance force. (Editing by Ralph Boulton)

Source: Reuters North American News Service

Will Bush Officials Face War Crimes Trials? Few Expect It

December 21, 2008

by Marisa Taylor | McClatchy Newspapers, Dec 19, 2008

WASHINGTON – Emboldened by a Democratic win of the White House, civil libertarians and human rights groups want the incoming Obama administration to investigate whether the Bush administration committed war crimes. They don’t just want low-level CIA interrogators, either. They want President George W. Bush on down.

[CONFESSED WAR CRIMINAL DICK CHENEY  "It is mind boggling to say eight years later that there is not going to be some sort of criminal accountability for what happened," said David Glazier, a law of war expert at Loyola Law School in Los Angeles and a retired naval officer. "It certainly undermines our moral authority and our ability to criticize other countries for doing exactly the same thing. But given the legal issues and the political reality, I am hard pressed to see any other outcome."]CONFESSED WAR CRIMINAL DICK CHENEY “It is mind boggling to say eight years later that there is not going to be some sort of criminal accountability for what happened,” said David Glazier, a law of war expert at Loyola Law School in Los Angeles and a retired naval officer. “It certainly undermines our moral authority and our ability to criticize other countries for doing exactly the same thing. But given the legal issues and the political reality, I am hard pressed to see any other outcome.”


In the past eight years,  administration critics have demanded that top officials be held accountable for a host of expansive assertions of executive powers from eavesdropping without warrants to detaining suspected enemy combatants indefinitely at the Guantanamo Bay military prison. A recent bipartisan Senate report on how Bush policies led to the abuse of detainees has fueled calls for a criminal investigation.

But even some who believe top officials broke the law don’t favor criminal prosecutions. The charges would be too difficult legally and politically to succeed.

Without wider support, the campaign to haul top administration officials before an American court is likely to stall.

In the end, Bush administration critics might have more success by digging out the truth about what happened and who was responsible, rather than assigning criminal liability, and letting the court of public opinion issue the verdicts, many say.

“It is mind boggling to say eight years later that there is not going to be some sort of criminal accountability for what happened,” said David Glazier, a law of war expert at Loyola Law School in Los Angeles and a retired naval officer. “It certainly undermines our moral authority and our ability to criticize other countries for doing exactly the same thing. But given the legal issues and the political reality, I am hard pressed to see any other outcome.”

Robert Turner, a former Reagan White House lawyer who supported several of the Bush administration’s assertions of executive powers, but not the use of harsh interrogation techniques, said that war crimes “may well have been committed,” given reports by human-rights organizations that some prisoners may have been beaten to death.

Turner was outraged when Bush signed an executive order in 2007 that he believes permitted highly abusive treatment, so long as the “purpose” was to acquire intelligence to stop future terrorist attacks, rather than just to humiliate or degrade the detainee.

He recalls telling senior Justice Department officials during a conference call prior to the public release of the order: “Do you people understand that you are setting up the president of the United States to be tried as a war criminal?” The conference call, he said, quickly came to an end.

Turner, who co-founded the University of Virginia’s Center for National Security Law in 1981, rebuts the administration’s defense that waterboarding, which simulates the sensation of drowning, isn’t torture and therefore is legal.

He also challenges the administration’s argument that Common Article 3 of the 1949 Geneva Conventions, prohibiting inhumane treatment of detainees, isn’t binding. “The standard is not torture. It’s humane treatment. That’s a much higher standard,” he said, noting that after World War II, the U.S. prosecuted Japanese soldiers for using waterboarding on American troops.

Continued >>

Bush attacker ‘incensed by bullet-riddled Koran’

December 21, 2008

THE young Iraqi journalist who hurled his shoes at President George W Bush had been incensed by a story he covered about an American soldier who used a copy of the Koran for target practice, according to his family.

Muntathar al-Zaydi, 28, who became an overnight hero in the Arab world, worked as a reporter for the popular al-Baghdadiya satellite TV station.

In May he was sent to report on an incident in Radwaniyah, west of Baghdad, in which Islam’s holy book was found riddled with bullets from an American sniper.

“He talked incessantly about the subject,” recalled his elder brother Uday. It was one of a number of assignments that appear to have radicalised Zaydi during his brief journalistic career.

“The war changed Muntathar’s psyche as a result of the horrific scenes he saw, as well as the cruel tragedies, which led to the scene we all saw at the press conference,” Uday added.

In three years at the station Zaydi witnessed many scenes of carnage, including suicide bombings and sectarian killings, his brother said. “But the incident that made Muntathar cry most was the story of Abir, the daughter of Mahmoudiya.”

It is a crime that still angers Iraqis, despite the apologies of the American command. In 2006 five American soldiers raped and killed 14-year-old Abir Janabi in Mahmoudiya, south of Baghdad. They also shot dead her mother, father and seven-year-old sister. Four of the soldiers have been tried; three were sentenced to life imprisonment and the fourth was jailed for 27 months. The fifth, who had left the army, will be tried in a US civilian court early next year.

Zaydi grew up as one of nine children in a poor Shi’ite family in the south of Baghdad. After his parents died, he started work as a labourer but eventually found work in a juice bar and studied in the evenings.

During the invasion that ousted Saddam Hussein in 2003, he fled with relatives to Diyala, a province north of Baghdad, and narrowly escaped an American airstrike that killed a family in a house nearby. He would return as a reporter to tell their story.

Back in Baghdad, he graduated from the Technical Institute, and finally landed a job at al-Baghdadiya, the Cairo-based satellite TV station, which is highly critical of the Iraqi government and the US occupation. He lived in a tiny flat in New Baghdad, a mostly Shi’ite district, where he tapped away at an antiquated computer.

Zaydi, who could face up to 15 years in jail, is now being held in the heavily protected green zone and his family has not been allowed to see him.

Uday said he had received a call from a man identifying himself only as a bodyguard of Nouri al-Maliki, the Iraqi prime minister, who was sitting next to Bush at the press conference.

Maliki, said the man, was “feeling guilty” that Zaydi had been injured during the incident. As the news conference carried on, journalists heard screams from a nearby room where Zaydi was allegedly being beaten.

Throughout the Middle East, television stations endlessly replayed the film of Bush ducking as Zaydi threw first one shoe, then the other, saying the second was for the “women, children and orphans of Iraq”.

Demonstrations of support expressed the depth of anger at the Bush administration, but there were lighter notes. A wealthy Saudi offered $10m (£6.5m) for one of the shoes; a Turkish company that claims to have made them said last week 300,000 had been ordered.