Archive for February, 2009

MIDEAST: ‘EU Paying for Gaza Blockade’

February 22, 2009

By David Cronin | Inter Press Service

BRUSSELS, Feb 20 (IPS) – European Union aid has been given to an Israeli oil company which has reduced the supply of fuel to Gaza as part of an economic blockade internationally recognised as illegal, Brussels officials have admitted.

Almost 97 million euros (124 million dollars) in funds managed by the European Commission, the executive arm of the EU, were handed over directly to the firm Dor Alon between February 2008 and January this year. Under orders from the Israeli authorities, Dor Alon has been rationing the amount of industrial diesel brought into Gaza in order to deprive its 1.5 million inhabitants of electricity. Power cuts have been a regular occurrence in Gaza because of Israeli actions undertaken since the militant party Hamas won an unexpected victory in Palestinian legislative elections during 2006.

Charles Shamas from the Mattin Group, an organisation based in the West Bank that monitors Europe’s relationship with Israel, said that the EU has been helping to accommodate the economic blockade of Gaza. This is despite how the Union’s most senior diplomats, including its foreign policy chief Javier Solana and the external relations commissioner Benita Ferrero-Waldner, have condemned the blockade as ‘collective punishment’ of a civilian population. Collective punishment constitutes a war crime, according to the 1949 Geneva convention.

“The European Union has to give aid lawfully,” said Shamas. “That means a good faith effort not to conform to the wrongful acts of others. In this case, the EU is giving effect to wrongful measures by Israel. You can’t really credibly call on Israel to correct its behaviour if you are adjusting what you do to fit in to that behaviour.”

Christiane Hohmann, spokeswoman on external relations for the European Commission, said that the diesel provided by Dor Alon is used in a power plant that meets 30 percent of Gaza’s electricity requirements. Schools and hospitals are the primary beneficiaries of the EU’s aid, she added, stating that Dor Alon delivered more than 96 million litres to Gaza as a result of the money it received from the Commission over the past 12 months. Dor Alon has also benefitted from aid granted by Germany and Belgium, both EU member states.

“This is not abetting the blockade,” she said. “It is not part of it. What we are always saying to the Israelis is that they need to open the crossings (into Gaza). The heavy diesel needs to get in.”

The Commission’s aid is administered through a mechanism known as Pegase. Beginning its operations last year, Pegase is designed to bypass Hamas, while supporting activities run by its rival Fatah, the party in charge of the Palestinian Authority in the West Bank. Hohmann stressed, however, that aid to Dor Alon is paid to the company itself and “doesn’t go through any Palestinian structure.”

A spokesman for Dor Alon said that any reduction in its deliveries to Gaza has been the result of Israeli government policies. “Dor Alon is a private company, it has to do whatever the ministry of defence tells us to do,” he added. “I cannot tell you that we deliver more one day and less another day. That doesn’t concern us. We follow orders in that matter.”

One of the four largest fuel companies in Israel, Dor Alon also owns two chains of convenience stores, Alonit and AM:PM. As well as its activities in Gaza, it runs a network of petrol stations and shops in Israeli settlements in the West Bank.

“What’s happening here is that the Israeli economy is controlling access to the Palestinian markets to ensure the benefit of certain Israeli companies,” said Merav Amir, campaigner with the Coalition of Women for Peace, an organisation that studies how Israeli firms can profit from the occupation of Palestine.

Amir pointed out that all international aid destined to the Palestinian Authority has been routed through Israel since the Oslo accords. Signed between Israel’s president Shimon Peres, then foreign minister, and Palestinian president Mahmoud Abbas in 1993, this was the first agreement negotiated face-to-face between the two sides. Yet while its official title referred to the self-government of the Palestinians, many observers feel that Israel has used the agreement to reinforce its control over the West Bank and Gaza.

“Israel holds a lot of money that actually belongs to the Palestinian Authority,” added Amir. “With some of that money, it pays the suppliers in a way that sustains the dependence of the Palestinian economy (on Israel). The European Union is in a position to pressure Israel to change how all of this is done.”

Chris Davies, a British Liberal member of the European Parliament, this week described how the blockade of Gaza, which he recently visited, is having devastating consequences in a densely populated area that is struggling to come to terms with the 22-day bombardment that Israel launched in late December last year.

Although 500 lorry loads of food and other supplies are needed each day in Gaza, Israel is only allowing 130 to pass through checkpoints controlled by its troops. “Paper for schools, nappies, water purifying tablets, concrete for rebuilding, they are all prohibited,” he said. “The normal life of a big city is impossible.”

Leading article: Obama, tell us the whole truth

February 22, 2009

The Independent, UK, Sunday, Feb 22. 2009

‘Having considered the matter, the government adheres to its previously articulated position.” With these words, Acting Assistant Attorney General Michael Hertz ended a dream. The dream that Barack Obama’s presidency would inaugurate a transcendent world order on a new moral plane.

Late on Friday Mr Hertz told the Washington district court that the Obama administration maintained President Bush’s view that prisoners held at Bagram air base in Afghanistan could not challenge their detention in US courts. For the cynics, this is “a previously articulated position you can believe in”.

This newspaper was not so naive as to imagine that President Obama would immediately conform to the most scrupulous interpretation of US and international law. We are pleased that he has ordered the closure within a year of Guantanamo Bay, halted military trials and restricted CIA interrogators to Army Field Manual techniques. But the refusal to grant legal rights to detainees at Bagram is disappointing.

The US Supreme Court ruling in 2004 that prisoners in Guantanamo had the right to take their cases to US courts ended the anomalous status of the prison camp in Cuba. President Bush’s attempt to create a legal limbo outside the American and international legal systems had failed. But he continued to try to deny legal rights to prisoners not just in Guantanamo but in Iraq and Bagram, too.

Mr Obama’s closure of Guantanamo therefore smacks more of fulfilling a symbolic pledge than following it through. The Bush administration’s legal case was transparently unconvincing. It argued that detainees were “enemy combatants” being held until hostilities ceased. If so, they should have been entitled to the protections of the Geneva Conventions on the rights of prisoners of war. Yet President Bush resisted even that, and now President Obama represents continuity with that policy.

Indeed, Elena Kagan, Mr Obama’s nominee for Solicitor General, said during her confirmation hearing that someone suspected of helping to finance al-Qa’ida should be subject to battlefield law – indefinite detention without trial – even if captured in the Philippines, say, rather than a battle zone.

Nor is this the first disappointment of Obama’s presidency. Earlier this month, a government lawyer stuck to the Bush line in a case brought by Binyam Mohamed, the British resident expected home from Guantanamo tomorrow – about whom Clive Stafford Smith writes today. Mohamed and others are suing a subsidiary of Boeing for arranging “extraordinary rendition” flights, by which they were taken secretly to other countries where they say they were tortured.

The Bush administration had argued that the case should be dismissed because discussing it in court could threaten national security and relations with other nations. When the case resumed after President Obama’s inauguration, the judge asked the Justice Department’s lawyer if “anything material” had happened to change that view. “No, your Honour,” came the reply. The position he continued to take, he said, had been “thoroughly vetted with the appropriate officials within the new administration”.

What is more, Leon Panetta, Mr Obama’s nominee as CIA director, charged with ending the use of torture techniques such as waterboarding by US agents, said that the agency is likely to continue to transfer detainees to third countries. It would rely on the same assurances of good treatment on which the Bush administration depended.

The Independent on Sunday supports the military action to defend the people of Afghanistan. We accept that there are some difficult practical issues, not least caused by the impossibility of fair legal proceedings against existing detainees on account of their past mistreatment. And we recognise that, since Mr Obama’s inauguration, the glass of justice is fuller than it was.

But the case for respecting human rights remains unanswerable. Brutality, torture and long detention without trial are all not just morally repugnant but counterproductive. That is an argument President Obama himself made when he was running for office. Yet he has said nothing about the disappointing retreats from those high principles made on his behalf by subordinates in the past three weeks.

Gregory Craig, the White House counsel, said last week that the new President intended to avoid “bumper sticker slogans” in deciding what to do with the counterterrorism policies he inherited. Human rights and the rule of law are not bumper sticker slogans. For the sake of the struggle against extremism, Mr Obama needs urgently to deploy his thoughtfulness and great eloquence in explaining just where he stands.

UK agents ‘colluded with torture in Pakistan’

February 22, 2009

• Intelligence sources ‘confirm abuse’
• Extent of Mohamed injuries revealed

A shocking new report alleges widespread complicity between British security agents and their Pakistani counterparts who have routinely engaged in the torture of suspects.

In the study, which will be published next month by the civil liberties group Human Rights Watch, at least 10 Britons are identified who have been allegedly tortured in Pakistan and subsequently questioned by UK intelligence officials. It warns that more British cases may surface and that the issue of Pakistani terrorism suspects interrogated by British agents is likely to “run much deeper”.

The report will further embarrass the foreign secretary, David Miliband, who has repeatedly said the UK does not condone torture. He has been under fire for refusing to disclose US documents relating to the treatment of Guantánamo detainee and former British resident Binyam Mohamed. The documents are believed to contain evidence about the torture of Mohamed and British complicity in his maltreatment. Mohamed will return to Britain this week. Doctors who examined him in Guantánamo found evidence of prolonged physical and mental mistreatment.

Ali Dayan Hasan, who led the Pakistan-based inquiry, said sources within the country’s Inter-Services Intelligence agency (ISI), the Intelligence Bureau and the military security services had provided “confirmation and information” relating to British collusion in the interrogation of terrorism suspects.

Hasan said the Human Rights Watch (HRW) evidence collated from Pakistan intelligence officials indicated a “systemic” modus operandi among British security services, involving a significant number of UK agents from MI5 rather than maverick elements. Different agents were deployed to interview different suspects, many of whom alleged that prior to interrogation by British officials they were tortured by Pakistani agents.

Among the 10 identified cases of British citizens and residents mentioned in the report is Rangzieb Ahmed, 33, from Rochdale, who claims he was tortured by Pakistani intelligence agents before being questioned by two MI5 officers. Ahmed was convicted of being a member of al-Qaida at Manchester crown court, yet the jury was not told that three of the fingernails of his left hand had been removed. The response from MI5 to the allegations that it had colluded in Ahmed’s torture were heard in camera, however, after the press and the public were excluded from the proceedings. Ahmed’s description of the cell in which he claims he was tortured closely matches that where Salahuddin Amin, 33, from Luton, says he was tortured by ISI officers between interviews with MI5 officers.

Zeeshan Siddiqui, 25, from London, who was detained in Pakistan in 2005, also claims he was interviewed by British intelligence agents during a period in which he was tortured.

Other cases include that of a London medical student who was detained in Karachi and tortured after the July 2005 attacks in London. Another case involving Britons allegedly tortured in Pakistan and questioned by UK agents involves a British Hizb ut-Tahrir supporter.

Rashid Rauf, from Birmingham, was detained in Pakistan and questioned over suspected terrorist activity in 2006. He was reportedly killed after a US drone attack in Pakistan’s tribal regions, though his body has never been found.

Hasan said: “What the research suggests is that these are not incidents involving one particular rogue officer or two, but rather an array of individuals involved over a period of several years.

“The issue is not just British complicity in the torture of British citizens, it is the issue of British complicity in the torture period. We know of at least 10 cases, but the complicity probably runs much deeper because it involves a series of terrorism suspects who are Pakistani. This is the heart of the matter.

“They are not the same individuals [MI5 officers] all the time. I know that the people who have gone to see Siddiqui in Peshawar are not the same people who have seen Ahmed in Rawalpindi.”

Last night the government faced calls to clarify precisely its relationship with Pakistan’s intelligence agencies, which are known to routinely use torture.

A Foreign Office spokesman said that an investigation by the British security services had revealed “there is nothing to suggest they have engaged in torture in Pakistan”. He added: “Our policy is not to participate in, solicit, encourage or condone the use of torture, or inhumane or degrading treatment, for any purpose.”

But former shadow home secretary David Davis said the claims from Pakistan served to “reinforce” allegations that UK authorities, at the very least, ignored Pakistani torture techniques.

“The British agencies can no longer pretend that ‘Hear no evil, see no evil’ is applicable in the modern world,” he added.

Last week HRW submitted evidence to parliament’s Joint Committee on Human Rights. The committee is to question Miliband and Jacqui Smith, the home secretary, over a legal loophole which appears to offer British intelligence officers immunity in the UK for any crimes committed overseas.

It has also emerged that New York-based HRW detailed its concerns in a letter to the UK government last October but has yet to receive a response.

The letter arrived at the same time that the Attorney General was tasked with deciding if Scotland Yard should begin a criminal investigation into British security agents’ treatment of Binyam Mohamed. Crown prosecutors are currently weighing up the evidence.

Hasan said that evidence indicated a considerable number of UK officers were involved in interviewing terrorism suspects after they were allegedly tortured. He told the Observer: “We don’t know who the individuals [British intelligence officers] were, but when you have different personnel coming in and behaving in a similar fashion it implies some level of systemic approach to the situation, rather than one eager beaver deciding it is absolutely fine for someone to be beaten or hung upside down.”

He accused British intelligence officers of turning a blind eye as UK citizens endured torture at the hands of Pakistan’s intelligence agencies.

“They [the British] have met the suspect … and have conspicuously failed to notice that someone is in a state of high physical distress, showing signs of injury. If you are a secret service agent and fail to notice that their fingernails are missing, you ought to be fired.”

Britain’s former chief legal adviser, Lord Goldsmith, said that the Foreign Office would want to examine any British involvement in torture allegations very carefully and, if necessary, bring individuals “to book” to ensure such behaviour was “eradicated”.

Bagram prisoners have no rights?

February 21, 2009

Joan Walsh | Salon.com, Saturday Feb 21, 2009

I said a few days ago that I would hold off on criticizing Obama for things he might do, after Charlie Savage’s disturbing piece on signs the new president might ultimately back Bush-Cheney terror policies like extraordinary rendition and indefinite detention of terror suspects. Late Friday came news of something Obama actually has done, and it’s appalling: He’s backed the Bush administration claim that terror suspects held at Bagram Air Force base in Afghanistan have no constitutional rights, according to the Associated Press.

You might remember Bagram from Alex Gibney’s devastating “Taxi to the Dark Side,” which detailed the December 2002 torture and death — I would say murder — of a 22-year-old cab driver named Dilawar by U.S. soldiers there. Or maybe you remember Tim Golden’s riveting New York Times story in 2005, detailing the death of Dilawar and another detainee at Bagram.

After the Supreme Court ruled that Guantánamo detainees had the right to challenge their detention in U.S. courts, four Bagram prisoners tried to challenge their detention in U.S. District Court in Washington. The prisoners say the American military had detained and interrogated them without any charges and without letting them contact attorneys. According to AP, the suit was filed by relatives on their behalf; that was their only access to the legal system. The Bush administration defended against the suit by claiming all Bagram detainees have been deemed “enemy combatants” who had no right to U.S. courts. Today lawyers for the Obama administration decided to embrace the Bush defense.

“They’ve now embraced the Bush policy that you can create prisons outside the law,” the ACLU’s Jonathan Hafetz told AP. “The hope we all had in President Obama to lead us on a different path has not turned out as we’d hoped,” said Tina Monshipour Foster, a human rights attorney who represents one of the Bagram detainees. “We all expected better.”

In related news: Please read Mark Benjamin’s exclusive interview with retired Maj. Gen. Antonio Taguba, the man who investigated Abu Ghraib and was punished by Donald Rumsfeld for his honesty. Taguba is one of the leading voices asking Obama to establish a commission to examine Bush-era torture policies. I hope Obama listens, but I would say this decision on Bagram at least partly implicates Obama in those same policies.

Guantánamo ‘is within Geneva conventions’

February 21, 2009

• Inquiry ordered by Obama carried out by US admiral
• Inmates just need time to talk and pray, report says

A Pentagon review ordered by President Barack Obama into conditions at Guantánamo Bay has concluded that prisoners are being treated in line with international standards demanded under the Geneva conventions, according to US officials.

Admiral Patrick Walsh, the vice-chief of naval operations who carried out the inquiry, is to hand over the 85-page report to Obama this weekend. Human rights groups said they feared the review ordered by Obama could turn out to be a whitewash.

The Pentagon report looked into various allegations of abuse. But Walsh’s report contains only two major recommendations for improving the prisoners’ lives: allowing them more opportunities to communicate with one another and to pray together.

Obama promised on the day of his inauguration to close the Guantánamo detention centre, which has become synonymous worldwide with human rights abuses, within a year. Since his announcement he has faced criticism, mainly from former members of the Bush administration, saying closure of the camp was not that easy. Walsh’s conclusions are basically the view espoused by the Pentagon over the last few years, which is that the international image of Guantánamo is based on the treatment and condition of prisoners when they first began to arrive seven years ago.

The camp since then has been well run, the Pentagon claims, insisting it is no worse and, in many ways, better than maximum security prisons on the US mainland. But defence lawyers for the 245 prisoners still held tell a different story: one of prisoners who have suffered severe psychological damage from force-feeding, beatings and being held in solitary confinement for 23 hours a day.

Walsh concludes, according to the official, that force-feeding, in which prisoners are strapped to a chair while a tube is pushed through a nostril into their stomach, is necessary to fulfil the Geneva conventions’ demand to preserve life.

Among recommendations, he suggests that prisoners be allowed to pray and spend recreation time together in groups of at least three.

Given that a prominent part of Obama’s campaign platform was to close Guantánamo, it is unlikely he will renege on that promise. The Pentagon report is only one of several that Obama has ordered. The Justice Department is conducting one of its own into evidence against each prisoner and the new attorney-general, Eric Holder, is to visit Guantánamo on Monday.

Gitanjali Gutierrez, a lawyer at the Centre for Constitutional Rights who represents many of the detainees, expressed concern that the review might turn into a whitewash, and that she had higher expectations of the new administration.

Obama and the Counterinsurgency Era

February 21, 2009

Early signals indicate that United States President Barack Obama will continue driving the “counter-insurgency era” that began under his predecessor George W Bush.

Less than one month into his administration, the most significant indicators that Obama will continue implementing a foreign policy transformation that began under the Bush administration may be found in and around his National Security appointments. Strikingly, the very rhetoric that is being used to signify change is representative of this continuity.

The first key signal came on December 1, when Obama confirmed that he would continue with Robert M Gates as secretary of defense. That day, Obama also announced that (retired) marine general James L Jones would become his national security advisor, and that Hillary Clinton would be secretary of state.

Subsequent appointments, including (retired) navy admiral Dennis Blair to director of national intelligence, and Michele Flournoy as under secretary of defense for policy, along with keeping Michael Vickers on at under secretary of defense for special operations and low-intensity conflict, are all linked to Obama’s assurances that “irregular warfare” will remain at the forefront of US policy, strategy and operations for the foreseeable future.

To help solidify matters, on December 1, Gates quietly signed Department of Defense

Directive (DoDD) 3000.07, establishing the policy that “irregular warfare is as strategically important as traditional warfare”. [1]

According to the directive, irregular warfare (IW) encompasses “Counter-terrorism operations, foreign internal defense, unconventional warfare, counter-insurgency, and stability operations”.

Under 3000.07, Vickers, a former special forces and Central Intelligence Agency (CIA) operative who is considered one of the key architects behind the CIA’s covert war with the Afghan mujahideen against the Soviet Union in the 1980s, becomes Gates’ “principal advisor” on irregular warfare and the person who will provide “overall policy oversight” to ensure the US military establishment is transformed to be “as effective in IW as it is in traditional warfare”.

Directive 3000.07 builds on a post-9/11 foreign policy establishment transformation that began with the Bush Administration’s National Security Strategy of 2002. According to counter-insurgency theorist (retired) colonel Thomas Baltazar and United States Agency for International Development (USAID) Elisabeth Kvitashvili, the NSS of 2002 “emphasized a ‘whole-of-government’ approach to the war on terrorism”. [2]

“Whole of government” is a key term that has stuck, and is increasingly being used by the Pentagon and the counter-insurgency community.

The Quadrennial Roles and Missions Review Report, released by the Department of Defense in January 2009, calls for “a better balance between our Nation’s hard and soft power”, a shift which “requires exploring whole-of-government approaches for meeting complex security challenges”. [3]

Directive 3000.07 also built on former president George W Bush’s National Security Presidential Directive (NSPD) 44 and secretary of defense Donald Rumsfeld’s DoDD 3000.05, both issued in late 2005. These directives had already placed Stability Operations on par with traditional operations. Likewise, the Quadrennial Defense Review of 2006, and the publication and mass promotion of the US Army Counterinsurgency Field Manual (FM 3-24) also demonstrated an increasing emphasis on IW. [4] [5]

Counter-insurgency expert David Kilcullen (at the time, a key State Department advisor) said in a speech at the US Government Counter-insurgency Conference in September 2006, “True enough, the words ‘insurgency’, ‘insurgent’ or ‘counterinsurgency’ do not appear in NSPD 44, but it clearly envisages the need to deploy integrated whole-of-government capabilities in hostile environments.”

Other key, IW-related developments during the Bush administration included former secretary of state Condoleezza Rice’s “transformational diplomacy” initiative. Announced in January 2006, it called for “a more cooperative working relationship between American diplomats and the US military”. [6] An equally seminal moment took place in November of 2007, when Gates delivered the Landon Lecture, during which he made the “case for strengthening our capacity to use ‘soft’ power and for better integrating it with ‘hard’ power.” [7]

The integration of “soft” and “hard” power is known as “smart power”, a concept that is generally credited to Joseph Nye, a member of the US foreign policy elite, and former official under presidents Jimmy Carter and Bill Clinton. But it is the 2006 CSIS Commission on Smart Power report, which Nye co-chaired, that is more likely the source for the shift in rhetoric that would be introduced by Gates and then used by the Obama administration. [8]

The fundamental argument of the report was that “the most important mandate” for the next administration would be to re-brand the US image in order that the dwindling Empire might “move from eliciting fear and anger to inspiring optimism and hope”.

Optimism and hope, under the overarching if nebulous theme of “change” were key messages of Obama’s presidential campaign. Among the major goals laid out by the report is “to prolong and preserve American pre-eminence as an agent for good”.

The report asserts that the US “cannot abandon” its military, but that it needs to strengthen the tools of soft power, which include diplomacy and development aid. The report acknowledges that the shift to “smart power” had already begun under Bush, writing: “Some elements of this approach are already occurring in the conduct of ongoing counter-insurgency, nation building, and counter-terrorism operations – tasks that depend critically but only partially on hard power.”

As with many soul-searching debates into the strategic countenance of the US over the years, this one hinges on questions of legitimacy and “credibility”. For the authors, it is not the formulation of the war on terror itself that is problematic in so much as “strik[ing] a balance between the use of force against irreconcilable extremists … and other means of countering terrorism.”

While the “war on terror” is seen as “likely to be with us for decades”, the next administration needed to find “a new central premise for US foreign policy to replace the war on terror”.

The new “central premise” appears to have already emerged. On February 6, the Pakistani press reported that Senator John Kerry, the new chair of the Senate Foreign Relations Committee, bristled at the “the use of the term ‘war on terror'”. Rather, according to Kerry, “What we are doing is conducting global counter-insurgency.” [9]

One of the key “guiding principles” that the CSIS commission suggested to the incoming administration was to “elevate and integrate … development, diplomacy and public diplomacy into unified whole”.

The shift to an emphasis on “whole of government” capabilities (sometimes referred to as “inter-agency”, or “three-D” capabilities) is highlighted in other emerging policies and key reports.

In July 2008, the USAID released its “Civilian-Military Cooperation Policy”. Therein, USAID describes itself as being “designed to facilitate a whole-of-government approach in which US government agencies work … to provide a coordinated, consistent response in pursuit of shared policy goals.” USAID also notes in the policy how its efforts are “a key element of any successful … counter-insurgency effort”. [10]

Likewise, the touchstone US Government Counter-insurgency Guide had its signing ceremony on January 13. The three signatories were USAID administrator Henrietta Fore, Secretary of Defense Gates, and outgoing secretary of state

Rice. In the Guide’s preface, State Department Counselor, and Project for a New American Century signatory Eliot A Cohen asserts that “insurgency will be a large and growing element of the security challenges faced by the Unites States in the 21st century”. The COIN Guide is to prepare key government agencies for the “near certainty” that the US will be engaged in COIN [counter-insurgency] operations “during the decades to come”. [11]

Other key responsibilities under DoDD 3000.07 were given to the undersecretary for defense policy (USD-P), a position that is now held by Michele A Flournoy, the former president of the Center for a New American Security (CNAS) think-tank. When it was announced that Flournoy would become USD-P, the Washington Independent’s Spencer Ackerman referred to her appointment as “a victory for the coterie of counter-insurgency thinkers that the think-tank employs and champions”. [12]

In addition to heading CNAS, Flournoy was, together with Jones, Blair, and Nye, a member of the “Guiding Coalition” of another key think-tank close to the Obama administration, the Project for National Security Reform (PNSR).

At the December 1 event announcing his appointment, Jones stressed how “National Security in the 21st century comprises a portfolio which includes all elements of national power and influence working in coordination and harmony towards the desired goal of keeping our nation safe.”

This statement echoed recommendations that would be made only two days later by the PNSR in its bi-partisan report, “Forging a New Shield”. The report’s main recommendation is that “a new national security system in which agencies work together on joint assignments and policy implementation in responding to crises and managing day-to-day national security affairs”.

Modeled on and led by one of key architects of the 1986 Goldwater-Nichols Act, which restructured the US military bringing all of the forces under one umbrella for the first time, the PNSR seeks to similarly alter the national security apparatus of the US in order that the “whole of government” can more cohesively wage global counter-insurgency.

The PNSR grew out of the Center for the Study of the Presidency, the same agency that coordinated the Iraq Study Group and the lower-profile Afghanistan Study Group. The latter was headed by Jones. One of its key recommendations, that the US increase the number of troops in Afghanistan, began to be adopted by the Bush administration and was a key foreign policy plank of Obama’s electoral campaign. Upon taking office, Obama quickly implemented another ASG recommendation by naming Richard Holbrooke as his special advisor on Afghanistan and Pakistan. [13]

On January 13, 2009, PNSR announced that they had received $4 million from Congress via the Office of the Director of National Intelligence (ODNI) and the Department of Defense. Both ODNI, led by former PNSR co-chair Dennis Blair, and the DoD “will oversee execution of the agreement”. [14]

The close proximity of the PNSR to the new administration is instructive for another important reason.

In 2006, army General David Petraeus and Marine Lieutenant General James Mattis established the Counter-insurgency (COIN) Center at Fort Leavenworth, Kansas, “to facilitate the development of a culture that enables us to more effectively adapt as a whole government when called upon to deal with future COIN or COIN-like threats”. [15]

According to the COIN Center’s official pamphlet, its purpose is “to better educate and train all US ground forces on the principles and practices of counter-insurgency, and to better integrate COIN efforts among the services”.

Among members of the COIN Center’s “community of interest” listed on its website, is the PNSR. Additionally, in its pamphlet, the COIN Center lists both a current program and a “near term initiative” that it is collaborating on with the PNSR. It remains to be seen what role exactly the PNSR will play with the COIN Center. One clue is found in the COIN Center pamphlet which states:

The analytical construct the COIN Center uses for continued analysis of distributed responsibility for issues in a COIN environment is the acronym “DDD” or the “3Ds”: Diplomacy (State); Development (USAID); and Defense (DoD).” [16] That PNSR has a shared emphasis on the interagency, or 3D, process, which may be an indication of collaborative efforts to watch for.

One reason to be wary of the commitment to “irregular warfare” is that it reflects a warning issued recently by the Chairman of the Joint Chiefs of Staff Michael Mullen, that US foreign policy is “too militarized”. Although the lip service paid to “smart power” might be seen to indicate a balancing effect toward civilian influence over foreign policy, the appointment of retired military

and intelligence figures to key civilian posts calls this into question. [17]

Since the Obama administration campaigned on the continuity of counter-insurgency and irregular war as key elements of US power projection under his administration, it is likely that these policies will attain a level of popular support not experienced by the Bush administration, and will see little critical scrutiny by the media. The challenge will be to shed light on and critically examine these policies as they manifest in any number of settings around the world in the days to come.

Notes

1. Department of Defense directive number 3000.07, December 1, 2008.

2 . Baltazar, Colonel Thomas and Elisabeth Kvitashvili, “The Role of USAID and Development Assistance in Combatting Terrorism,” Military Review, March-April 2007, pp. 38-40.

3. Pentagon Recommends ‘Whole-of-Government’ National Security Plans by Walter Pincus, The Washington Post, Monday, February 2, 2009.

4. National Security Presidential directive NSPD-44 December 7, 2005.

5. DoD directive 3000.05 November 28, 2005.

6. Better Jointness Needed Between Military and Diplomats , Rice Says By Steven Donald Smith. American Forces Press Service, January 18, 2006.

7. Remarks as Delivered by Secretary of Defense Robert M Gates, Manhattan , Kansas, Monday, November 26, 2007.

8. CSIS Commission on Smart Power.

9. Kerry says Pakistan aid bill to be passed shortly, APP Feb 6.

10. Civilian-military cooperation policy July 2008.

11. US government counterinsurgency guide

12.Obama’s Pentagon Subcabinet Officials: Lynn, Flournoy by Spencer Ackerman, The Washington Independent, 1/8/09.

13. Afghanistan Study Group report

14.PNSR Hails Appointment of Guiding Coalition Members to Obama Administration

15.COIN Center Community Of Interest

16.US Army/US Marine Corps Counterinsurgency Center.

17. Foreign Policy Beyond the Pentagon by Walter Pincus The Washington Post, February 9, 2009.

Anthony Fenton is an independent researcher and journalist based near Vancouver, Canada. He is currently co-writing a book on Canadian-US post-9/11 foreign policy integration and transformation, and can be reached at fenton@shaw.ca.

US commander warns American troops will be in Afghanistan for years

February 21, 2009
By Peter Symonds |WSWS, 21 February 2009

The top US commander in Afghanistan, General David McKiernan, warned on Wednesday that the huge boost to US troop numbers announced this week would have to continue for years. His comments underscore the fact that the Obama administration is preparing for a dramatic escalation of the war in Afghanistan and neighbouring Pakistan that will inevitably heighten tensions throughout the region, especially in Central Asia.

In a bid to shore up the US-led occupation of Afghanistan, President Obama announced on Tuesday that an additional 17,000 US soldiers would be sent there. McKiernan told the media that the troop buildup was “not a temporary force uplift” and would “need to be sustained for some period of time,” adding that he was looking at “the next three to four to five years”. The US already has 36,000 troops deployed in Afghanistan, along with about 30,000 other foreign soldiers operating under NATO command.

The latest troop increase will not be the last. McKiernan repeated a previous request for an extra 10,000 in Afghanistan on top of those already announced. US Defence Secretary Robert Gates did not rule out additional US forces, but noted that no additional troops would be sent to Afghanistan until the Obama administration had completed its current strategic review.

At a meeting of NATO defence ministers in Poland, Gates pressed NATO allies for further support for Afghanistan. NATO Secretary General Jaap de Hoop Scheffer warned that NATO could not “afford the price of failure in Afghanistan” and urged “all members of the team… to pull closer together and pull harder in 2009”. But the commitments made were cosmetic, underlining the continuing deep tensions inside NATO between the US and European powers such as Germany and France.

UK Defence Secretary John Hutton complained that Britain was already doing its share, saying that “the European members of NATO need to do more”. Italy promised 500 soldiers. Germany indicated that it may send an additional 600 troops, but to the largely peaceful north of Afghanistan to assist with elections due in August. France committed no extra soldiers. While expressing his disappointment at the lack of extra forces, Gates urged NATO members to contribute economic aid and to the training of Afghan security forces.

The NATO summit highlighted the intersection of the war in Afghanistan with growing rivalry in Central Asia. One day before the meeting, the Kyrgyzstan parliament voted to shut down a key US air base needed to supply US and NATO forces in land-locked Afghanistan. As supply lines through neighbouring Pakistan have come under fierce attack from anti-US insurgents, the Pentagon has been seeking alternative routes through Central Asia.

Russia, however, has made clear that any shipment of US supplies through the region will depend on its support and will involve US concessions, particularly over the positioning of US anti-ballistic missiles in NATO-allied countries in Eastern Europe. Before the decision to shut down the Manus Air Base, Moscow announced a substantial aid package to Kyrgyzstan. At the same time, Russia has permitted some non-military US supplies to pass through Latvia, Russia, Kazakhstan and Uzbekistan—the first trainload left on Thursday.

The issue is creating divisions within NATO. The US-based think tank Stratfor commented: “The lack of enthusiasm for the Afghanistan surge was matched by growing questions among the Europeans over the military plan itself—both the overarching strategy and the lines of supply. Moreover, the Europeans are anxious to know how and to what extent the US plan involves the Russians.” While France and Germany support a rapprochement with Russia, Eastern European countries are opposed to any deal that would weaken US protection against Moscow.

The US confronts a deteriorating military situation in Afghanistan. Commenting on the boost to US troop numbers, General McKiernan said: “What this allows us to do is change the dynamics of the security situation, predominantly in southern Afghanistan, where we are, at best, stalemated.” He added: “I have to tell you that 2009 is going to be a tough year.”

Other US analysts are less cautious in their warnings. John Nagl, from the Centre for a New American Security, told the British Observer that the number of US soldiers in Afghanistan could eventually rise to 100,000. “The immediate problem is to stop the bleeding. The 30,000 troops is a tourniquet… [but] that is all we have. If Obama is a two-term president then by the end of his time in office there may only be marine embassy guards in Iraq. But there will still be tens of thousands of troops in Afghanistan.”

In a detailed statement to a US Congressional committee last week, Anthony Cordesman from the Centre for Strategic and International Studies bluntly warned that “we are losing the war in Afghanistan and Pakistan and we have at most two years in which to decisively reverse the situation”. He cited military statistics for 2008 pointing to a 33 percent rise in military clashes with insurgents, an increase in roadside bombs of 27 percent and in surface-to-air fire of 67 percent.

Cordesman stressed, however, that such details were secondary to the growing influence of the Taliban and other anti-occupation militias in Afghanistan. He cited in some detail the results of an ABC poll, released this month, which demonstrated falling support in Afghanistan for the occupation, and for its puppet President Hamid Karzai. Just 18 percent supported any increase in US and NATO troops and 44 percent wanted a reduction.

Support for the Taliban was strongest in the south and east of the country, where Pashtun tribes have been subjected to more than seven years of searches, arbitrary detention, military attacks and bombing. Overall, 25 percent of Afghans felt that violent attacks on occupation forces were justified; in the top five high-conflict provinces, the figure rose to 38 percent.

The survey also provided evidence of deteriorating living standards. The proportion of Afghans who characterised their economic opportunities as “very bad” doubled from 17 percent in 2006 to 33 percent. More than half reported an income of less than $US100 a month and 93 percent less than $300. Many registered complaints about fuel prices, lack of electricity, medical care, roads and other infrastructure. Nearly three quarters of respondents were worried about the impact of the global economic crisis.

Far from addressing any of these issues, the surge in US troops in Afghanistan will compound the anger and resentment that is providing a steady stream of recruits to the anti-occupation insurgency. Most of the fresh troops will be assigned to south of the country, where control by US forces and the Karzai government is tenuous, and to the border with Pakistan in an effort to halt the infiltration of Taliban fighters from bases in Pakistan.

The US war in Afghanistan has already spread across the Pakistani border, destabilising the government in Islamabad. The Obama administration has continued US missile strikes from unmanned drones on targets inside Pakistan’s tribal areas along the border, killing scores of civilians and inflaming local anger. Proof that at least some of the US drones are operating from a base inside Pakistan will compound the political difficulties facing the government, which has previously disclaimed any knowledge or involvement. The London-based Times and the Pakistani News have both published Google Earth images of three drones parked at the Shamsi air field in southwestern Pakistan.

Under pressure from Washington, the Pakistani army has been fighting a war to suppress anti-US militants in the Federally Administered Tribal Areas (FATA). Some 120,000 troops have been involved, and more than 1,500 have been killed in the fighting. The army, which has received around $10 billion in US aid, has laid waste to towns and villages, causing hundreds of thousands of civilians to flee. The insurgency has also spread beyond the FATA to areas of the North West Frontier Province, including the Swat Valley, and is even touching on the Punjab, Pakistan’s most populous state.

Pakistan announced this week that it had struck a shaky deal with insurgents in the Swat Valley to introduce Islamic Sharia law to the area as part of a ceasefire. Richard Holbrooke, US special envoy to Afghanistan and Pakistan, told the media that the Obama administration was concerned that “the truce does not turn into a surrender”. He said he had spoken to Pakistani President Asif Ali Zardari who had assured him that was “not the case” and described the deal as “an interim arrangement”.

US Defence Secretary Gates took a slightly different tack, saying on Friday that the agreement was acceptable if it led to reconciliation and the disarming of the insurgents. He made clear that the US was looking to similar arrangements with sections of the anti-occupation forces in Afghanistan, seeking to replicate the tactic used in Iraq to buy off local tribal leaders and use them against hard-line insurgents. “We have said all along that ultimately some sort of political reconciliation has to be part of the long-term solution in Afghanistan,” Gates said.

Washington’s neo-colonial occupation of Afghanistan, however, is confronting widespread hostility and a burgeoning armed resistance. Asked about the ability of the US to succeed where the British army in the nineteenth century and the Soviet military in the 1980s had failed, General McKiernan simply said that it was “a very unhealthy comparison”. The comparison is perfectly apt. Like the British Raj and the Soviet Stalinist bureaucracy, Washington is pursuing a criminal war for the subjugation of Afghanistan and the pursuit of US economic and strategic ambitions in Central Asia. Now, thousands more US soldiers are being sent into a quagmire that shows no signs of ending.

Gazans: IDF used us as ‘human shields’ during offensive

February 21, 2009

By Amira Hass | Haaretz, Israel, Feb 20, 2009
GAZA – The question “Who is it?” was answered with: “The Israel Defense Forces.” Majdi Abed Rabbo, 39, who is a Palestinian Authority (Ramallah) employee and a member of its intelligence apparatus, went down to open the door. Standing there was the son of his neighbors, Mahmoud Daher, and behind him a soldier whose rifle was jammed into Daher’s back. The soldier pushed Daher aside and aimed the rifle at Abed Rabbo.

“He ordered me to pull down my pants. I pulled them down. He demanded that I raise my shirt. I raised it. That I turn around. I turned around,” Abed Rabbo related. And then the room filled up with soldiers. “Twelve, or something like that.”

This was in the morning of Monday, January 5, 2009, about 40 hours after the start of the Israeli ground offensive in Gaza.

The soldiers had already taken over Daher’s house on Sunday evening, located in I’zbet Abed Rabbo, an eastern neighborhood of Jabaliya city. First they gathered the family on the ground floor. Gunfire rang out around the house. Then they moved the family up to the first floor. The family wondered why the soldiers had taken them upstairs, to the cold, uncomfortable room – parents, children, two infants and an elderly mother. But they could not refuse, and they did not yet know that the move upstairs brought them closer to the range of fire. Only later did they learn about the three fighters from Iz al-Din al-Qassam, Hamas’ military wing, positioned in the empty house to the northeast of them. The regular occupants of the house, owned by their neighbor Abu Hatem, had long since gone abroad. Abed Rabbo’s tall house stood next to Abu Hatem’s narrow, empty one.

At about 7 A.M. on Monday, the soldiers took Shafiq Daher – a 53-year-old financial manager who gets his salary from the PA in Ramallah – as well as Mahmoud and two other sons from their home, and then separated them from each other.

The soldiers took the elder Daher to the house of his neighbor to the east, Jaber Zeydan. The door had already been broken, and the neighbors were huddled in one room. The search here, as in the four other homes Daher was forced to enter that day, was conducted in the same way: He entered first, with the soldiers behind him. One soldier placed his rifle on Daher’s right shoulder, and pressed down on his left shoulder. The members of the Zeydan family were taken into the adjacent house, owned by Tawfiq Katari. The hands of all the men, including boys of 14 and 16, were tied, some behind the back, some in front.

Protecting soldiers

The soldiers also took over Katari’s house on Sunday night, January 4. The Kataris, too, were rounded up and taken to the ground floor. There was shooting all around. The soldiers took up positions on one of the upper floors and turned the northeast window, close to the Abu Hatem home, into a firing position. “There was one nice soldier who told us that where we were sitting was dangerous and moved us next to an inner wall,” one of the women related.

At about 9 A.M. on Monday, the soldiers took Katari’s son Jamal from the house. During the next four days Jamal accompanied the soldiers and performed several tasks. He was made to enter what he estimates were 10 houses, going in first and calling on the occupants to come downstairs. He preceded the huge army bulldozer that forced its way through the neighborhood, ripping up the streets. “I am afraid the soldiers will shoot me,” he told a soldier, who replied: “Don’t be afraid.”

In the meantime, that same Monday morning, Shafiq Daher, too, was continuing his mission of protecting Israel Defense Forces soldiers. The second house he was made to check was also empty. It belonged to the Al-Ajarmi family. Daher did not know that his two oldest sons were accompanying other groups of soldiers, and were being forced to smash holes in the walls of houses using sledgehammers. Nor did he know that at that very moment, a soldier was jamming his rifle into the back of his third son, standing at the door of Abed Rabbo’s home.

Abed Rabbo himself, after being forced to smash a hole in the wall that separated his roof from his neighbors’ roof and to accompany the soldiers inside, was made to enter several houses near the mosque, break into a car and then go into the Zeydan house. He was then taken to the Katari family’s home, where he met Shafiq Daher and told him that his son was all right. At about 2 P.M., a soldier took him outside, pointed to the Abu Hatem house and said, according to Abed Rabbo’s testimony: “There were armed people in that house. We killed them. Take off their clothes and take their weapons.” At first he refused and said that was not his job. “Obey orders,” he was told.

Dead or alive?

Abbed Rabbo went to the Abu Hatem house, shouting in Arabic that he was the owner. In the house, he found three very much alive members of Iz al-Din al-Qassam. They told him to leave and threatened him not to come back, “because we will shoot you.” He returned to the soldiers, who made him undress and turn around, and then told them that the three were alive. The officer on hand asked to see his ID card and discovered that Abed Rabbo was a member of Palestinian President Mahmoud Abbas’ intelligence. He was handcuffed and moved aside. He heard shooting. Then he was again sent to check the Abu Hatem house, after being told the three militants were now dead; he found one wounded and the others “all right.” One of them said: “Tell the officer that if he is a man, he can come up here himself.”

The soldiers didn’t like what they heard. One of them cursed, said Abed Rabbo, who was handcuffed again and made to wait. It began to grow dark when he heard a helicopter approaching, followed by the sound of a missile exploding. One of the soldiers said: Now we have killed them, with a missile. Come over here. Abed Rabbo complied and saw, with horror, that the missile had struck his house.

He told the soldier that the missile had missed. “Are you majnoun [nuts]?” the soldier asked him. “No,” Abed Rabbo replied. “The missile hit my house.”

There was a huge mess: Water was bursting out of pipes, pieces of concrete were lying all over. And all around the shooting continued unabated, interspersed with the sounds of many explosions and helicopters flying overhead.

At about midnight, between Monday and Tuesday, Abed Rabbo was forced to go for a third time, to ascertain whether the three Hamas militants were dead. The soldiers lit the way for him. He found two of the gunmen, still alive, but buried under the rubble; the third was still holding his weapon. Abed Rabbo returned to the soldiers, stripped down again and repeated that the three were alive.

“Are you majnoun?” they demanded.

“No, I am not majnoun, I am telling you what I saw,” he replied. Hungry, thirsty and with a throbbing headache, Abbed Rabbo was taken back to the Katari house.

At 6:30 A.M. he was brought out, in front of what was once his house. Soldiers brought a megaphone, he recalled later, and started to shout: “Ya, armed people, you have 15 minutes to turn yourselves in. Come down, remove your clothes, the Red Cross is here, the journalists are here, we will treat the wounded men.”

The soldiers then sent a dog into the house. One of the Hamas fighters shot and killed it. The soldiers again started calling on them to come out. There was no reply. “And then a bulldozer arrived and started to demolish my house, right before my eyes.” Abed Rabbo was sent into the Katari house as the bulldozer started to wreck Abu Hatem’s house. He heard sporadic gunfire shots. When he emerged, two hours later, he found two of the armed men “sprawled on the demolished concrete, dead.” He did not see the third man.

“What kind of army is this, which can’t break into one house where there are armed men?” Abed Rabbo asked himself.

The IDF responds

Haaretz spoke with eight residents of I’zbet Abed Rabbo neighborhood, who testified that they were made to accompany IDF soldiers on missions involving breaking into and searching houses – not to mention the family members who remained in the houses the army took over, which were used as firing positions. The eight estimated that about 20 local people were made to carry out “escort and protection” missions of various kinds, as described here, between January 5 and January 12.

The IDF Spokesperson’s Unit stated in response: “The IDF is a moral army and its soldiers operate according to the spirit and values of the IDF, and we suggest a thorough examination of the allegations of Palestinian elements with vested interests. The IDF troops were instructed unequivocally not to make use of the civilian population within the combat framework for any purpose whatsoever, certainly not as ‘human shields.’

“Following an examination with the commanders of the forces that were in the area in question, no evidence was found of the cases mentioned. Anyone who tries to accuse the IDF of actions of this kind creates a mistaken and misleading impression of the IDF and its fighters, who operate according to moral criteria and international law.”

Obama Escalates Drone Strikes Inside Pakistan

February 21, 2009

Strikes Increase in Number, Severity in Recent Weeks

Antiwar.com

Posted February 20, 2009

President Barack Obama made clear his desire to launch attacks onto Pakistani soil early in the campaign, and in his first month since taking office it has become evident that is escalating the number and severity of the attacks using drone aircraft well beyond what the Bush Administration’s attacks in its final several months in office.

Two major strikes have been launch in the past week, in the South Waziristan and Kurram Agencies of Pakistan’s Federally Administered Tribal Areas. The attacks killed 30 and 31, respectively, and both appeared to target militants affiliated with Baitullah Mehsud.

The escalation has come as the Pakistani government has struggled to battle claims that they are “privately” backing the attacks while offering public condemnations. This battle has been hampered by a growing number of officials on both sides admitting to the agreement and photographic evidence that they have indeed been hosting US Predator drones at one of their air bases.

The drone strikes have been wildly unpopular in the Pakistani tribal areas, sparking massive protests as they kill civilians with impunity. With Pakistan struggling to maintain control over the area against a growing insurgency, the escalation of the attacks is liable to exacerbate the credibility problems faced by the Pakistani government among the tribes.

Related Stories

compiled by Jason Ditz [email the author]

Investigating Bush’s Crimes

February 21, 2009

by Scott Horton | The Nation,  Feb 21, 2009

When the Obama transition team opened a questions referendum on its popular change.gov website in December, one issue quickly soared to the top. “Will you appoint a Special Prosecutor (ideally Patrick Fitzgerald) to independently investigate the gravest crimes of the Bush Administration, including torture and warrantless wiretapping?” And when Obama stepped to the microphone at his first presidential press conference, the question came again, this time with reference to a Congressional call for a truth commission. Obama’s response: “My view is also that nobody is above the law, and if there are clear instances of wrongdoing, that people should be prosecuted just like any ordinary citizen; but that generally speaking, I’m more interested in looking forward than I am in looking backwards.” The answer was a slight variation on the theme he has struck consistently since the final days of his campaign. But what does it mean with respect to the criminal accountability of Bush-era policy-makers? Many are inclined to hear confirmation of their hopes–Republicans eager to see the disastrous Bush years passed over without more fuss will stress the intention not to “look back,” while Obama supporters who embraced his strong criticism of Bush’s torture and surveillance policies will emphasize his observation that “nobody is above the law.” Others are displeased with the ambiguity and press for a conclusive decision on the question.

But these exchanges give us the essence of the “no drama Obama” style: he builds support with lofty rhetoric, giving some sense of his policy objectives, but he consciously avoids committing himself to any particular resolution. Obama is not being coy, I think. He means precisely what he says. Accountability is not a part of his affirmative agenda, least of all for his first hundred days, on which the long-term success or failure of his presidential term may hang. An economic stimulus package, healthcare initiatives and a series of foreign policy challenges occupy center stage. Even in the Justice Department, Obama’s first objectives involve restoring the institution’s self-confidence and resurrecting its historical role in civil rights and voting rights enforcement. It’s not that Obama and his senior advisers see the accountability issue as inherently unimportant–on the contrary, they readily admit that it may be the key to long-term resolution of a series of questions surrounding the abusive extension of presidential power. But it is clearly a back-burner issue for them, something better addressed near the end of his first term or, better still, during a second term.

Obama’s problem is that a growing number of Americans are concerned about what the Bush administration did and are eager to press the issue. The extent of public concern has been reflected in several recent public opinion polls, including one in February by USA Today showing that nearly two-thirds of Americans support investigations of the Bush administration’s use of torture and warrantless wiretapping; roughly 40 percent support criminal investigations.

And the shift in public opinion is not the only thing transforming the environment in Washington on this issue. Susan Crawford, a Cheney protégée and the senior Bush administration official responsible for the military commissions in Guantánamo, told the Washington Post‘s Bob Woodward that she refused to approve the charges against Mohammed al-Qahtani because he had been tortured. Torture is, of course, a felony under US law, and if multiple figures are involved, it might well be “conspiracy to torture,” a separate crime. As ABC News reported and President Bush later confirmed, the full book of proposed techniques to which Qahtani was subjected had been approved by the National Security Council, headed by Bush. A senior Obama Justice figure remarked after reading the Crawford interview that it would be “impossible to sweep the matter under the carpet.” That’s a view that seems to be shared by US allies and United Nations officials, who, pointing to Crawford’s admissions, are asking why the United States has failed to introduce a criminal inquiry into how torture came to be practiced as a matter of US policy. Articles 4 and 5 of the Convention Against Torture require the United States to prohibit torture under domestic criminal law and to investigate and prosecute incidents in which it is practiced. The failure even to begin criminal investigations has placed the United States in breach of its obligations under the treaty, a point that even torture apologists like University of Chicago Law School professor Eric Posner freely concede.

President Bush was widely expected to issue blanket pardons to those involved in his interrogations and surveillance programs, but he did not do so. Moreover, the Bush administration’s tenuous claim to legality for its torture programs was ended immediately after Obama assumed office, when he directed a reassessment of interrogation policies and revoked all of the relevant Bush-era Justice Department opinions with the stroke of a pen.

Obama has been careful to avoid any suggestion that he or his senior officers are directing a criminal investigation or prosecution of the Bush-era torture enablers. He is right to do so. The criminal justice system of a democratic state should not operate like a well-oiled military machine taking its cue from the commander in chief. It requires professional prosecutors who operate with critical detachment from political officials when they pursue criminal investigations. Moreover, the painful circumstances of the torture and surveillance programs, particularly the fact that senior Justice Department officials were complicit in their implementation at almost every step, make it an ethically doubtful proposition for the Justice Department even to take up the matter.

Up to this point, political influence has been used to block accountability. Investigations are still under way at the Justice Department and other agencies that touch on important aspects of the Bush administration’s detainee policy. One probe is looking into the mysterious destruction of evidence of interrogations using highly coercive techniques that was sought in pending criminal cases. Another probe, nearly complete, is examining the circumstances behind the crafting of the notorious torture memos in the black hole of the Bush Justice Department, the Office of Legal Counsel. Under the Bush administration, these and other investigations were often bottled up, as senior officials refused to cooperate and the White House–which functioned as the nerve center for Justice Department political operations–refused to turn over documents. On occasion, they were shut down directly by order of President Bush. One criminal investigation launched by FBI agents at Guantánamo was ordered closed by the head of the Justice Department’s criminal division, Alice Fisher, who may herself emerge as a target of a criminal investigation. Under the transparency policies Obama announced during his first week, and under the detainee policies he is busily putting in place, the administration will unblock internal probes and mandate that federal employees, including White House employees, cooperate with them. Realization that this was in the works may have given rise to President Bush’s January 16 “gag letters” issued to Karl Rove, Harriet Miers and Joshua Bolten, instructing them to keep quiet in the face of a Congressional probe about their dealings with the Justice Department.

Leading Congressional Democrats are proposing a way forward. In January House Judiciary Committee chair John Conyers announced a blue-ribbon panel to be appointed to conduct an investigation. He is also proposing that the statute of limitations be modified to take the time pressure off potential criminal investigators. Senate Judiciary Committee chair Patrick Leahy put forth a proposal of his own a few weeks later in a presentation at Georgetown University. Leahy pressed the idea of a “truth commission,” similar to the approach used in South Africa after the fall of the apartheid regime. Bush administration officials who come forward and offer a full accounting of their deeds could get immunity for their testimony; those who keep silent or give false statements could face prosecution. The Leahy and Conyers approaches share a number of elements, including the notion that the commission would consist of eminent people who are “above the political fray,” would get subpoena power and would be fully staffed and resourced. Both Conyers and Leahy cite the 9/11 Commission as a model–a Congressionally authorized commission backed by presidential authority, a hybrid model that would eliminate some of the potential legal challenges that a purely Congressional commission might face. Conyers is, however, far more concerned about building a solid record that can form the basis of prosecutions, whereas Leahy offers immunity as a reward for candor.

There are unmistakable signs of momentum in support of a commission approach in Washington. Nancy Pelosi and other Democratic Congressional leaders who once sang in the “let’s forgive and forget” choir are now signaling their support for a commission. But what about the Obama White House? Following a meeting between Leahy and Greg Craig, Obama’s White House counsel, the White House was committed only to an ongoing discussion.

But the commission approach may, depending on some critical details, offer the best solution to the impasse. Moreover, it may well suit Obama’s needs for the commission to be the creation and initiative of Congress rather than of his administration. It would allow a comprehensive investigation without embroiling the White House in the process. A commission would be in a position to put to rest some persistent questions, particularly regarding how torture came to be embraced as a matter of policy and whether the administration ever got actionable intelligence from tortured suspects that could conceivably offset the immense damage that torture has done to the moral authority of the United States around the world. Most significant, if a commission recommended a criminal investigation to the Attorney General, and if it recommended appointment of a special prosecutor, that would deflect suggestions that the process was “political.”

On the other hand, investigative commissions do not actually do justice. They cannot bring charges, and in the process of granting immunity for testimony they can muddy the waters for a later prosecutor. Any commission would need the advice and guidance of professional prosecutors, who could help to assure that it would prudently exercise the right to grant immunity and would avoid damaging future prosecutions.

Criminal investigations and prosecutions might be avoided under the Leahy approach and might be delayed under the Conyers approach. But whatever approach is finally settled upon, it seems increasingly clear that there will be multiple investigations: a commission of some sort, Congressional hearings (which are promised in any event) and internal probes within the government, which will likely be pursued delicately and quietly.

Though the wheels of justice grind slowly, they grind exceeding small. One year from today, it is likely that a large number of the secret documents that form the backbone of Bush detention policy will be public and many of their authors will have been publicly interrogated about them. We will have a better sense of how torture crept into the American interrogations system and whose authority was invoked to ram it through in the face of legal hurdles once thought insurmountable. And one year from today, we will probably still be asking whether any of the authors of this national tragedy will or should be prosecuted. That outcome is not likely to satisfy either side of the debate. But it may well be consistent with the interests of justice, which demands a complete exploration of the facts before anyone is held to account. That outcome fully reflects the Obama style.

Scott Horton, a senior fellow at The Nation Institute, lectures at Columbia Law School.