Archive for March, 2009

Amnesty International calls for transparency on Bagram detentions

March 10, 2009

Amnesty International USA, March 9, 2009

A US federal judge considering whether detainees held by the USA in Bagram airbase in Afghanistan may challenge their detention before courts in the USA has ordered the administration of President Barack Obama to provide him with updated information on the Bagram detainees, by 11 March.

Amnesty International has written to the US administration urging it to inject some much needed transparency into the Bagram detention regime, including by making fully available to the public the information requested by District Court Judge John Bates.

When the Bush administration was asked by Judge Bates in January 2009 to disclose the number of people being held in Bagram, how many of them were taken into custody outside of Afghanistan, and how many of them were Afghan nationals, it responded by classifying as secret the key details and redacted them from the unclassified version of the filing.

Judge Bates has now asked the Obama administration the same questions, noting that the details supplied to him by the government in January may be out of date. Amnesty International has urged the new administration not to repeat its predecessor’s use of secrecy to conceal from the public its response to the judge. Transparency, essential to accountability and detainee protection, must be central to US detention policy. As President Obama has himself instructed his administration, “transparency promotes accountability”.

Figures released in late February by the International Committee of the Red Cross, the only organization with access to Bagram detainees, indicate that there were then about 550 detainees in the airbase. This was down from the figure of “about 615” provided by US Secretary of Defense Robert Gates to the Senate Armed Services Committee a month earlier.

New detentions by US and allied forces in Afghanistan continue. According to reports by the American Forces Press Service, at least 120 “militants” were taken into custody during January and February 2009. It is not known how many, if any, have been or will be transferred to Bagram. The US authorities should provide regular public information on the numbers and nationalities of those held in US custody in Bagram and elsewhere in Afghanistan, and where, when, and in what circumstances they were taken into detention.

The need for transparency was illustrated late last month when the UK government revealed that two individuals it handed over to the USA in Iraq in 2004 had subsequently been transferred to US custody in Afghanistan, where they remain five years later. Amnesty International has asked the US government to confirm whether the two are held in Bagram and to provide further information on their cases. The organization has raised the possibility that the USA’s transfer of these individuals to Afghanistan constituted a war crime.

Amnesty International continues to call for the Bagram detainees to be granted access to an independent court to challenge the lawfulness of their detentions, to effective remedies in relation to their treatment and conditions of detention, and to meaningful access to legal counsel for such purposes. At present, the detainees have no access to lawyers or courts.

On 7 March, President Obama said in an interview with the New York Times that “we ultimately provide anybody that we’re detaining an opportunity through habeas corpus to answer to charges”. However, presidential aides later said that he had not meant to suggest that everybody held in US custody would be able to challenge their detention in court.1

Two weeks earlier, on 20 February, responding to an invitation from Judge Bates to tell him whether it would take “a different approach” to its predecessor on the Bagram detainees, the Justice Department responded simply that “having considered the matter, the Government adheres to its previously articulated position”, that is, the position argued by the Bush administration. The latter had argued that the Bagram detainees could not challenge the lawfulness or conditions of their detention, that they had no rights under the US Constitution and no rights under international law enforceable in the US courts. Amnesty International regrets the new administration’s response to Judge Bates and hopes that it represents a very temporary stance taken as the government tackles the detention legacy it has inherited. The USA must swiftly bring all US detentions anywhere into compliance with international law.

The right to challenge the lawfulness of detention before a court is so fundamental that it cannot be diminished, even in situations of public emergency up to and including armed conflict. Judicial review is a basic safeguard against abuse of executive powers and a fundamental safeguard against arbitrary and secret detention, torture and other ill-treatment and unlawful transfers from one country or government to another. In the absence of judicial oversight, detainees in Bagram, as at Guantánamo, have been subjected to just such abuses.

Even children have not been spared. With this in mind, Amnesty International is calling on the US government to reveal, in addition to its responses to the questions posed by Judge Bates, how many of the detainees currently in Bagram were taken into custody when they were under 18 years old. A year ago, there were at least 10 children being held in the base.

In an executive order signed on 22 January 2009, President Barack Obama ordered the establishment of an interagency task force to review the “lawful options” available to the US government with respect to the “apprehension, detention, trial, transfer, release, or other disposition of individuals captured or apprehended in connection with armed conflicts or counterterrorism operations”. In February, Amnesty International sent a briefing on the Bagram detentions to officials overseeing this review.2Last week it sent them an update to this report.3

1 Obama ponders outreach to elements of the Taliban, The New York Times, 8 March 2009.

2 See USA: Out of sight, out of mind, out of court? The right of Bagram detainees to judicial review, 18 February 2009, http://www.amnesty.org/en/library/info/AMR51/021/2009/en.

3 See USA: Urgent need for transparency on Bagram detentions, 6 March 2009, at http://www.amnesty.org/en/library/info/AMR51/031/2009/en.

AI Index: AMR 51/033/2009 Amnesty International 09 March 2009

Israeli Settlers Terrorise Palestinian Villagers

March 10, 2009

By Mel Frykberg | Inter Press Service

AT TUWANI, West Bank, Mar 9 (IPS) – “I couldn’t run. My pregnancy was too far advanced and there was nowhere to hide,” said Amna Salman Rabaye, 31, as she recalled the terrifying incident several months ago.

Rabaye from the Palestinian Bedouin village of At Tuwani in the southern West Bank was grazing her sheep when she was assaulted by a security guard from the adjacent illegal Israeli settlement of Ma’on.

“We saw a group of masked Israeli settlers armed with sticks and chains heading towards us. The younger shepherds ran and managed to escape, leaving me with the flock of sheep,” Rabaye told IPS.

“It was physically impossible for me to run and I also didn’t want the settlers to kill or steal my sheep. The security guard pushed me over but I was not injured,” recalled Rabaye who was then seven months pregnant.

At Tuwani was established over 300 years ago by nomadic tribes of Bedouin who first moved into the area seeking shelter in the nearby caves. However, Israeli settlers built the adjacent Ma’on settlement in 1982. The nearby illegal outpost of Havot Ma’on was built at a later date.

Outposts normally comprise small settlements ranging from a few caravans, which are sometimes connected to water and electricity, to slightly larger settlements. They are referred to as outposts by the media as they are generally not recognised by the Israeli government.

The settlements, however, which are legal under Israeli law can number from several hundred residents to small towns with thousands of inhabitants, and all the associated infrastructure.

There are nearly 300,000 Israeli settlers living in the West Bank and nearly 200,000 in East Jerusalem, according to the Israeli information centre for human rights B’Tselem.

Under international law, including various UN Security Council resolutions, the settlements are built illegally on Palestinian land.

The Fourth Geneva Convention prohibits an occupying power from transferring citizens from its own territory to the occupied territory (Article 49). The Hague Regulations prohibit an occupying power from undertaking permanent changes in the occupied area unless these are due to military needs in the narrow sense of the term, or unless they are undertaken for the benefit of the local population.

Nevertheless Israeli settlement building on the West Bank has accelerated at an unprecedented rate in the last few years.

This has included the enlargement of already existing settlements and the establishment of new ones, contrary to every understanding and peace agreement between Israel and the Palestinians.

Israeli human rights group Peace Now released a report several weeks ago stating that the Israeli government is currently building an additional 73,300 illegal housing units in the West Bank. The report added that this would increase the total number of Israeli settlers in the area by 100 percent.

International human rights organisations have argued that the motive behind the accelerated settlement building is to establish facts on the ground and to make the establishment of a viable, contiguous and independent Palestinian state near impossible.

Currently the West Bank is effectively divided into three cantons by military checkpoints and the settlements. Palestinian towns and villages are surrounded by Israeli settlements while swathes of their land has been confiscated to build settlers-only bypass roads.

While Israeli officials are furthering the facts-on-the-ground scenario through official government policies, an unofficial war between Israeli settlers and Palestinian villagers over the continued land expropriation continues unabated.

“The settlers are carrying out a deliberate policy to try and drive us off our land and intimidate us into leaving so that they can take our land,” said Hafez Hreini, 37, one of the villagers. Hreini’s mother, 79-year-old Fatima, was left bleeding after a settler threw a rock at her head in another encounter with the settlers.

“It is very hard not to physically retaliate when you see people attack your elderly mother but I know if I had done anything back, the Israelis would have used this as an excuse to arrest me and a lot worse,” Hreini told IPS. “So we are deliberately applying a policy of non-violence and we are determined to stay here and keep our land.”

In 2006 the villagers lost over 100 sheep after the settlers sprayed pesticides on their grazing land. Several donkeys belonging to the village were stabbed to death. The village’s water wells have also been poisoned on numerous occasions while crops have been set ablaze. The children of the village and the surrounding villages have been regularly attacked by the settlers as they try to make their way to school.

A group of outraged Israeli intellectuals wrote to incumbent Israeli Prime Minister Ehud Olmert several years ago requesting action be taken against the settlers. This led former Israeli Defence Minister Amir Peretz to order the demolition of Havot Ma’on settlement but the demolition never took place.

The Israeli Knesset, or parliament, also ordered the Israeli Defence Forces (IDF) to escort children to and from school to protect them from the settlers. But according to international members of the Christian Peacemaker Teams (CPT) who live in the village, the IDF patrols are irregular, unreliable and sometimes sources of hostility towards the children.

The CPT have created their own school escorts for the children, and have themselves been assaulted by the settlers. One member received head injuries severe enough to require hospitalisation.

The Israeli police seem disinterested. “It doesn’t help if we go to the police because they never do anything,” Sreini told IPS.

The Israeli rights group Yesh Din has stated repeatedly that only a very small number of settler attacks against Palestinians are investigated by the Israeli police. These result in even fewer arrests and practically no convictions.

Here We Go Again With the Iranian Nuclear Scare

March 10, 2009

Eric Margolis | Khaleej Times, March 9, 2009

While the United States was fighting for its economic life, Obama administration officials and the media issued a blizzard of contradictory claims over Iran’s alleged nuclear threat, leaving one wondering who is really charge of US foreign policy?

Much of the uproar over Iran’s so-far non-existent nuclear weapons must be seen as part of efforts by the Israeli lobby to block President Barack Obama’s proposed opening to Teheran, and to keep pressing the US to attack Iran’s nuclear infrastructure.

Israel’s supporters and most Israeli military experts insist Iran has secret weapons programmes. Israel knows about covert nuclear programs, having run one of the world’s largest and most productive.

The hawkish Hillary Clinton’s naming of veteran Israel supporter Dennis Ross as her special adviser on Iran and the Gulf suggest she is more interested in building future domestic political support than securing balanced advice.

Meanwhile, confusion over Iran grew sharply.  New CIA director, Leon Panetta, said ‘there is no question, they (Iran) are seeking that (nuclear weapons) capability.’

Pentagon chief Adm. Mike Mullen claimed Iran had ‘enough fissile material to build a bomb.’ Fox News claimed Iran already had 50 nuclear weapons.  While the American Rome burns, here we go again with renewed hysteria over MWMD’s –  Muslim Weapons of Mass Destruction. Wars drums are again beating over Iran.

The czar of all 16 US intelligence agencies, Adm. Dennis Blair, stated Iran could have enough enriched uranium for one atomic weapon by 2010-2015. But he reaffirmed the 2007 US National Intelligence Estimate that Iran does not have nuclear weapons and is not pursuing them.  Defence Secretary William Gates backed up Blair. So does the UN nuclear agency.  Some of the confusion over Iran comes from misunderstanding nuclear enrichment, and lurid scare stories.

Iran is producing low-grade uranium-235 (LEU), enriched to only 2.5 per cent, to generate electricity. Teheran has this absolute right under the Nuclear Non-Proliferation Treaty. Its centrifuge enrichment process at Natanz is under 24-hour international inspection.  Iran’s soon to open nuclear plant at Bushehr cannot produce nuclear weapons fuel.  Its spent fuel will be returned to Russia.

Today, some 15 nations produce LEU U-235, including Brazil, Argentina, Germany, France, and Japan.  Israel, India and Pakistan, all covert nuclear weapons powers, refused to sign the non-proliferation treaty.  North Korea abrogated it. UN inspectors report Iran has produced 1,010 kg of 2-3 per cent enriched uranium for energy generation, insists Iran. Theoretically that is enough for one atomic bomb.

But to make a nuclear weapon, U-235 must be enriched to over 90 per cent in an elaborate, costly process. Iran is not doing so, say UN inspectors.

Highly enriched U-235 or plutonium must then be milled and shaped into a perfect ball or cylinder. Any surface imperfections will prevent achieving critical mass.  Next, high explosive lenses must surround the core, and detonate at precisely the same millisecond. In the gun system, two cores must collide at very high speed.  In some cases, a stream of neutrons are pumped into the device as it explodes.

This process is highly complex.  Nuclear weapons cannot be deemed reliable unless they are tested. North Korea recently detonated a device that fizzled.  Iran has never built or tested a nuclear weapon.  Israel and South Africa jointly tested a nuclear weapon in 1979.

Even if Iran had the capability to fashion a complex nuclear weapon, it would be useless without delivery. Iran’s sole medium-range delivery system is its unreliable, inaccurate 1,500 km ranged Shahab-3. Miniaturizing and hardening nuclear warheads capable of flying atop a Shahab missile is another complex technological challenge.

It is inconceivable that Iran or anyone else would launch a single nuclear weapon.  What if it didn’t go off? Imagine the embarrassment and the retaliation.  Iran would need at least ten warheads and a reliable delivery system to be a credible nuclear power.

Israel, the primary target for any Iranian nuclear strike, has an indestructible triad of air, missile and sea-launched nuclear weapons pointed at Iran.  An Israeli submarine with nuclear cruise missiles is on station off Iran’s coast. Iran would be wiped off the map by even a few of Israel’s 200 nuclear weapons.  Iran is no likelier to use a nuke against its Gulf neighbours. The explosion would blanket Iran with radioactive dust and sand.

Washington would do better to stop worrying about Iran and focus on its economic meltdown.

Eric S Margolis is a veteran US journalist who has reported from the Middle East, Pakistan and Afghanistan for several years

Massacre in slow motion

March 10, 2009

Socialist Worker, March 9, 2009

More than a month after Israel’s assault on Gaza ended, life for Gaza’s 1.5 million Palestinians continues to be a daily struggle. Israel maintains a suffocating siege that blocks the flow of basic staples, plunging the vast majority of residents into abject poverty.

But a ray of hope has emerged in the form of a growing international struggle–from Canada and the U.S., to Europe and South Africa–to hold Israel accountable for its violations of international law and Palestinian human rights. On March 21, justice for Palestine will be a main slogan at an antiwar demonstration in Washington, D.C. organized to mark the sixth anniversary of the U.S. invasion of Iraq.

Haidar Eid, a professor of English, political commentator and longtime activist, is a resident of Gaza City and has provided an ongoing eyewitness account and analysis of Israel’s war for SocialistWorker.org. He spoke with Eric Ruder about Israel’s occupation and the Palestinian struggle for justice.

A young boy sits amid the rubble where buildings once stood in Jabalia, a town in the northern Gaza Strip (AFP)A young boy sits amid the rubble where buildings once stood in Jabalia, a town in the northern Gaza Strip (AFP)

THE SHOOTING part of Israel’s war is now over, according to the media. Yet Israel continues air strikes on targets in Gaza every few days. And in addition to the bombings, Israel’s siege remains firmly in place, stopping all manner of critical goods from getting into Gaza. Can you describe conditions now?

THE COURAGEOUS Israeli historian Ilan Pappe has talked about the hermetic siege of Gaza that has been in place for some three years now. Prior to the war, Pappe called this siege “slow-motion genocide,” and he was absolutely right.

Even before the war, more than 350 terminally ill people died because Israel refused to allow them to leave Gaza for essential medical treatment. Israel refused to issue them travel permits to be treated in Egyptian or Jordanian hospitals. I’m talking about people with kidney failure, heart problems, cancer.

The war transformed the slow-motion genocide into real genocide–I don’t know what else to call it. During the war, more 1,440 people were killed.

What else to read

Haidar Eid has written an article titled “Sharpeville 1960, Gaza 2009” that recounts his experiences during Israel’s war and adds his voice to call for an international movement to boycott, divest and sanction Israel, modeled on the anti-apartheid movement.

The One Democratic State Group has issued “A Call from Gaza” that asks activists and organizations to demand that their governments sever ties with Israel, and calls for Israel’s war criminals to be brought to justice.

Between the Lines: Readings on Israel, the Palestinians and the U.S. “War on Terror,” by Tikva Honig-Parnass and Toufic Haddad, documents the apartheid-like conditions that Palestinians live under today.

For background on Israel’s war and the Palestinian struggle for freedom, read The Struggle for Palestine, a collection of essays edited by Lance Selfa on the history of the occupation and Palestinian resistance.

We thought that the end of the war would also mean the end of the medieval siege imposed on Gaza. But unfortunately, that hasn’t happened since the end of the Gaza massacre–and I really don’t want to call it the end of the “war,” because the war has continued but in different forms.

Israel failed to achieve any of its three objectives that it declared at the beginning of the war–topping the government of Hamas, putting an end to the launching of rockets, and establishing a new security arrangement in Gaza.

Since they failed at this, they have been trying to achieve politically what they could not militarily–with the help of the U.S., even under the Obama administration, with the complicity of the European Union and with the help of some Arab regimes.

This is why all the proposals to reconstruct the Gaza Strip being discussed at the recent international donors conference at Sharm el Sheik all come with so many strings attached. In fact, these strings make reconstruction impossible.

So when Secretary of State Hillary Clinton visited Tel Aviv and Ramallah, she talked about conditions for reconstruction. Condition number one is for the Hamas government and the resistance groups in general to recognize the state of Israel. Number two is to recognize previously signed agreements between the Palestine Liberation Organization (PLO) and Israel, which ultimately means recognizing the state of Israel also.

But there are some big questions that come along with this, which the U.S. and the mainstream media prefer to avoid. In particular, what Israel are the Palestinians supposed to recognize?

Israel is the only member of the UN that does not have recognized borders. Does the apartheid wall represent the border of the state of Israel? Or is it the 1967 border? Recognition of Israel under this situation allows for the ongoing expansion of Israel’s borders.

Number two, Israel is also the only country on the face of the earth that has no constitution. Israel instead has Basic Laws. The first basic law defines Israel as the state of Jews all over the world. You have a theocratic state instead of a state of all of its citizens. This raises the question of what happens to 1.2 million Palestinians who are considered citizens of the state of Israel, but they are not Jews.

Also, what happens to more than 6 million Palestinian refugees living in the diaspora? Not a single agreement by the PLO and Israel, with America as a moderator, mentions the right of return, although UN Resolution 194 calls for the return of the Palestinian refugees to their homeland, to their villages, to the cities and towns from which they were expelled. And Resolution 194 calls for compensation for the injustices they have suffered.

But these are things that Israel wants the Palestinians to concede before talks even begin. As Marx said, history repeats itself, first as tragedy, second as farce. Now, we have seen the donors’ conference, and a visit from Hillary Clinton, during which she uttered not one word of sympathy for the plight of Palestinians. This is tragedy and farce.

Palestinians are paying a heavy price. This is the continuation of the genocidal war launched by Israel against Gaza and supported by the international community. And the talks that are supposed to reconstruct are merely further means to carry out Israel’s agenda.

THE U.S. and Israel also call on Hamas to “renounce violence,” but they never recognize the incredible hypocrisy of this demand. Israel consistently uses overwhelming violence against the Palestinians, and the U.S. supplies the weapons that allow Israel to do so.

ABSOLUTELY. WHAT kind of weapons does the resistance movement in Gaza have? Crude homemade rockets, and some Grad rockets smuggled through the tunnels connecting Egypt and Gaza. But now the tunnels can’t be used. Israel has repeatedly bombed them.

Because Israel has enforced its siege of Gaza, these tunnels have also been used to bring essential goods into the Strip. For example, I haven’t been able to drive my car since the war ended, because we can’t receive any gas from Egypt, which had to be smuggled through the tunnels.

We are talking about the fourth-strongest military in the world, with 250 nuclear warheads, F-16s and helicopters, against a largely defenseless population. We are not talking about two equal parties.

According to international law, Israel is illegally occupying the West Bank and Gaza. Israel is illegally prohibiting more than 6 million Palestinian refugees to return to their homes and towns.

What we are calling for–myself as part of Palestinian civil society, as an academic, as an activist–is simply the implementation of UN and Security Council resolutions and international law. Under international law, we are guaranteed a state and the right of return for refugees.

By signing the Oslo Accords in 1993, the official Palestinian leadership made an agreement that violates our rights and international law [by bargaining away these essential national rights]. It has now become a habit for Israel and the U.S. to expect the weaker party, the Palestinians, to give more and more concessions.

One of the biggest mistakes that the Palestinian leadership made was to assume that the U.S. was acting as a fair broker. But in fact, the U.S. has been entirely biased–because of the pro-Israel lobby in the U.S., and because I don’t think you can separate the interests of U.S. imperialism and Zionism in the Middle East.

The U.S. attacked and occupied Iraq and committed genocide against Iraq’s civilians. It killed more than 1.5 million Iraqis–because of oil, in pursuit of its interests in the region, and to protect the state of Israel.

The Americans have failed miserably in Iraq. Israel failed miserably in Lebanon in 2006. And then, they tried to target what they consider to be the weakest pocket of resistance in the Middle East, namely Gaza. Fortunately, that failed. Israel tried for 22 days to bring the resistance to its knees, but could not.

That is why they are trying to achieve politically what they failed to militarily.

Continued >>

Ex-Gitmo detainee: memos show UK torture complicity

March 9, 2009

Former Guantánamo Bay detainee Binyam Mohamed claimed in March 8 media reports that documents sent from MI5 to the CIA show that the British intelligence agency was involved with his alleged torture in Morocco. Mohamed claimed the documents reveal that MI5 fed the CIA questions that ended up in the hands of his Moroccan interrogators. A telegraph to the CIA dated Nov. 5, 2002, reportedly has the heading, “Request for further Detainee questioning.”

Mohamed, a native of Ethiopa who claims to have been transferred to Morocco for torture under a US program of extraordinary rendition, said he obtained the documents through the US legal process while seeking his release from Guantánamo Bay. Conservative MP David Davis called for investigations into British collusion in torture.

Last week, the UK government’s independent reviewer of terror laws called for a judicial inquiry into British complicity in US rendition and torture. British media reported last week that UN special rapporteur on torture Manfred Nowak told British ministers that MI5 may have been complicit in torture committed while detainees including Mohamed were in US custody. Mohamed was returned to the UK last week following seven years of detention, including five at Guantanamo Bay, where he was held on charges of conspiring to commit terrorism. Those charges were dismissed in October, but Mohamed remained in custody while US authorities considered filing new charges.

US: Criticize Israel and lose your job

March 9, 2009

US academic freedom in peril

Paul J. Balles | Redress, March 8, 2009


Paul J. Balles considers how Zionists in positions of authority at academic institutions in the United States are persecuting and defaming anyone who dares to criticize Israel or even mention Palestinian rights.

About the worst thing one can do in America or Europe is to criticize Israel. “Freedom” even in academia doesn’t allow critical comments about Israel or Zionism. Those who risk it can lose their jobs and be labelled anti-Semitic bigots.

Joel Kovel was terminated from Bard College after 20 years of service because of “differences between myself and the Bard administration on the issue of Zionism”. The president of Bard, Leon Botstein, didn’t consider Kovel’s critiques of Zionism to be protected academic freedom.

The worst of the critic bashers is Harvard Law Professor Alan Dershowitz. He spearheaded a campaign against Norman Finkelstein’s tenure for writing Beyond Chutzpah, documenting in detail the falsifications in Dershowitz’s book The Case for Israel.

After being denied tenure, Finkelstein said: “I met the standards of tenure DePaul required, but it wasn’t enough to overcome the political opposition to my speaking out on the Israel-Palestine conflict.”

In his 2008 book, The Case Against Israel’s Enemies, Dershowitz defamed many who have been critical of Israel, calling them bigots or labelling them anti-Semitic. Dershowitz has led the pack attacking Israel’s critics.

On former President Jimmy Carter, Dershowitz wrote: “Whatever the reason or reasons for Jimmy Carter’s recent descent into the gutter of bigotry, history will not judge him kindly.”

Attacking University of Chicago Professor John J. Mearsheimer and Harvard University Professor Stephen M. Walt, who together authored The Israel Lobby and US Foreign Policy (2007), Dershowitz wrote: “They are hate-mongers who have given up on scholarly debate and the democratic process in order to become rock-star heroes of anti-Israel extremists.”

Writing about the British University and College Union (UCU) boycott of Israeli educators and academic institutions, Dershowitz explained how he and others “wrote an op-ed piece for the Times of London, in which we demonstrated parallels between this boycott and previous anti-Jewish boycotts that were undoubtedly motivated by anti-Semitism”.

On another front, Roosevelt University of Chicago at Illinois fired a philosophy and religion professor for allowing students in his class to ask questions about Judaism and Islam. The chair of the department, Susan Weininger, fired the professor, Douglas Giles, saying that students should not be allowed to ask whatever questions they want in class.

Weininger said that free discussion in world religions could “open up Judaism to criticism”. Any such material, she said, was not permissible to be mentioned in class discussion, textbooks or examinations. Further, she ordered Giles to forbid any and all discussion of the “Palestinian issue”, any mention of Palestinian rights, the Muslim belief in the holiness of Jerusalem, and Zionism. When Professor Giles refused to censor his students, Weininger fired him.

One of the worst types of Zionist harassment involves cases of Muslims generally and Palestinians in particular for speaking out on behalf of their favourite causes. The US government has often been complicit in these cases.

One such case involves Dr Sami Al-Aryan who taught computer engineering at the University of South Florida before his arrest in 2004. Al-Arian was charged with raising money and otherwise assisting Palestinian Islamic Jihad, a group the US government declared a terrorist organization in 1995. At trial in 2005, he was acquitted on eight of 17 counts, and the jury deadlocked on the other counts.

All counts were trumped up by Zionist prosecutors who wanted to silence Al-Aryan. If anything could vaguely approach justice in this case, the Israelis who have been slaughtering Palestinians for half a century would have been labelled terrorists and brought to trial for committing much worse deeds than Al-Aryan.

The gravest injustice allows Zionists to silence honest critics for violating the Zionist taboo.

Paul J. Balles is a retired American university professor and freelance writer who has lived in the Middle East for many years. For more information, see http://www.pballes.com.

Obama administration backs immunity for author of Bush torture memos

March 9, 2009
By Patrick Martin | WSWS,  March 9,  2009

In legal arguments before a federal court in San Francisco Friday, the Obama administration stepped in to defend one of most notorious figures in the Bush administration, John Yoo, author of legal memoranda used to justify torture and indefinite detention without trial as part of the “war on terror.”

The intervention makes clear that the Obama administration opposes any serious effort to shed light on the attacks against democratic rights carried out by its predecessor or to hold any officials of the previous administration accountable for their actions. Moreover, its court interventions amount to a defense of the Bush administration’s assertions of quasi-dictatorial presidential powers.

Friday’s court hearing before US District Judge Jeffrey White concerned a civil suit brought by Jose Padilla, the US citizen who was imprisoned without charges for more than three years in a US Navy brig after Bush designated him an “enemy combatant.”

Padilla is now in federal prison, serving a 20-year sentence after being convicted on trumped-up conspiracy charges that had nothing to do with the sensationalized claims of the Bush administration that he was the leader of a plot to detonate a radioactive “dirty bomb” in an American city.

He has filed suit against numerous Bush administration officials, charging that his detention at the Navy brig, during which he was held in isolation and tortured, violated his constitutional rights. Yoo is being sued as the author of the legal opinion that upheld the arbitrary presidential authority under which Padilla was being held.

The Bush administration vigorously defended Yoo and the legal opinions he issued and sought to have the case thrown out on the grounds that US government employees cannot be sued for actions taken in the course of their official duties.

Immunity from lawsuits over official acts is an accepted US legal principle, but there is a broad exception for known criminal acts and abuses of power. Under the precedent set by the Nuremberg Trials after World War II, “just following orders” is not an adequate legal defense, particularly for those who were in a position to give the orders or define how they were to be interpreted. Yoo’s position in 2001 as an attorney at the Justice Department’s Office of Legal Counsel, which produces the official legal rationale for executive actions, clearly fits that description.

Padilla is not seeking either release from his current imprisonment or significant monetary damages. His claim against Yoo, for instance, is for $1, but his suit seeks a declaration from the federal government that his three-year ordeal in the Navy brig was illegal. “Plaintiffs seek to vindicate their constitutional rights,” his lawyers argue, “and ensure that neither Mr. Padilla nor any other person is treated this way in the future.”

Justice Department lawyers told the court Friday that despite the changeover from Bush to Obama, there would be no change in the legal position of the government in this case. Their declarations came in response to written questions issued by Judge White the day before, asking whether the position taken by Yoo’s attorneys had been “fully vetted” by the new administration.

One government lawyer, Mary Mason, told Judge White that permitting the lawsuit against Yoo to go forward could make government employees unwilling to do their jobs. These employees might decide that “I’m not designating you an enemy combatant, and I’m not going to interrogate you, because I might get sued,” she argued.

Several memos drafted by Yoo in 2001 and 2002 were released by the Justice Department earlier this week as part of discovery in the lawsuit. The memos include extraordinary assertions of presidential authority to override the Constitution and the Bill of Rights in the name of the “war on terror,” including suspension of the First and Fourth amendments and the use of the military against civilian targets within the United States. [See “US Justice Department memos: the specter of military dictatorship”]

Judge White, appointed to the federal bench by George W. Bush, took Yoo’s assertion of quasi-dictatorial presidential authority far more seriously than the Justice Department lawyers who appeared before them. He called Yoo’s arguments in one 2001 memorandum “a pretty scary position,” and seemed reluctant to throw out Padilla’s suit, despite Mason’s argument that the torture memorandums had been largely withdrawn before the end of the Bush administration.

The following exchange gives the flavor of the arguments: “We’re not saying we condone torture,” Mason said. But whether a government lawyer could be sued for condoning torture “is for the executive to decide, in the first instance, and for Congress to decide,” not the courts.

Judge White asked, “You’re not saying that if high public officials commit clearly illegal acts, a citizen subject to those acts has no remedy in this court?” Mason responded by citing the position take by the Bush Justice Department last year that the courts should not interfere in wartime decision-making by the executive branch.

Heather Metcalf, an attorney for Padilla, noted that Yoo had served on the “war council” that set Bush administration policy for the treatment of prisoners, and that one of the specific purposes of his memorandums was to shield officials from future liability for their encroachments on constitutional rights. “Defendant Yoo,” she said, “must not take refuge in the legal no man’s land that he helped to create.”

After the court session, a Justice Department spokesman, Matt Miller, sought to downplay the political significance of the intervention. “This administration has made no secret that we disagree with many of the previous administration’s legal policies on national security issues,” he said. “Nevertheless, we generally defend employees or former employees of the department in litigation filed in connection with their official duties.”

Yoo himself is a completely unrepentant defender of both torture and unchecked executive authority. In an interview with the Orange County Register, he said that he doesn’t “think he would have made the basic decisions differently,” adding that he would have polished the arguments more if he had known the memorandums would be made public. “When you are in the government, you have very little time to make very important decisions,” he said. “You don’t have the luxury to research every single thing and that’s accelerated in war time.”

Apparently his legal “research” did not include the text of the Constitution, which clearly gives Congress decision-making power over “captures” in wartime, and entirely ignored the Constitution’s Bill of Rights.

The position taken by the Obama administration in the Yoo lawsuit is consistent with its efforts in a whole series of court cases involving national security and democratic rights, where the Obama Justice Department has essentially adopted the Bush administration’s standpoint as its own. This includes assertion of the “state secrets” privilege to suppress lawsuits against illegal kidnappings by the CIA (“rendition”) and illegal surveillance by the National Security Agency.

Last week government lawyers opposed a request for US District Judge Vaughn Walker in San Francisco to consider whether legislation passed last year by Congress goes too far in authorizing blanket legal immunity for telecommunications companies that cooperated in warrantless surveillance of US citizens. A spokesman for the Justice Department declared the 2008 legislation—for which Senator Barack Obama voted—is “the law of the land, and, as such, the Department of Justice defends it in court.”

So clear is the continuity between the Bush and Obama administrations in this area that the Wall Street Journal published an editorial Friday, headlined, “Obama Channels Cheney,” hailing the new administration’s stand on warrantless wiretapping. “The Obama Justice Department has adopted a legal stance identical to, if not more aggressive than, the Bush version,” the newspaper’s right-wing editorial board gloated.

Obama and Israel’s Military: Still Arm-in-Arm

March 9, 2009

Stephen Zunes | Foreign Policy In Focus, March 9, 2009

In the wake of Israel’s massive assault on heavily populated civilian areas of the Gaza Strip earlier this year, Amnesty International called for the United States to suspend military aid to Israel on human rights grounds. Amnesty has also called for the United Nations to impose a mandatory arms embargo on both Hamas and the Israeli government. Unfortunately, it appears that President Barack Obama won’t be heeding Amnesty’s call.

During the fighting in January, Amnesty documented Israeli forces engaging in “direct attacks on civilians and civilian objects in Gaza, and attacks which were disproportionate or indiscriminate.” The leader of Amnesty International’s fact-finding mission to the Gaza Strip and southern Israel noted how “Israeli forces used white phosphorus and other weapons supplied by the USA to carry out serious violations of international humanitarian law, including war crimes.” Amnesty also reported finding fragments of U.S.-made munitions “littering school playgrounds, in hospitals and in people’s homes.”

Malcolm Smart, who serves as Amnesty International’s director for the Middle East, observed in a press release that “to a large extent, Israel’s military offensive in Gaza was carried out with weapons, munitions and military equipment supplied by the USA and paid for with U.S. taxpayers’ money.” The release also noted how before the conflict, which raged for three weeks from late December into January, the United States had “been aware of the pattern of repeated misuse of [its] weapons.”

Amnesty has similarly condemned Hamas rocket attacks into civilian-populated areas of southern Israel as war crimes. And while acknowledging that aid to Hamas was substantially smaller, far less sophisticated, and far less lethal — and appeared to have been procured through clandestine sources — Amnesty called on Iran and other countries to take concrete steps to insure that weapons and weapon components not get into the hands of Palestinian militias.

During the fighting in early January, the Nobel Peace Prize-winning organization initially called for a suspension of U.S. military aid until there was no longer a substantial risk of additional human rights violations. The Bush administration summarily rejected this proposal. Amnesty subsequently appealed to the Obama administration. “As the major supplier of weapons to Israel, the USA has a particular obligation to stop any supply that contributes to gross violations of the laws of war and of human rights,” said Malcolm Smart. “The Obama administration should immediately suspend U.S. military aid to Israel.”

Obama’s refusal to accept Amnesty’s call for the suspension of military assistance was a blow to human rights activists. The most Obama might do to express his displeasure toward controversial Israeli policies like the expansion of illegal settlements in the occupied territories would be to reject a planned increase in military aid for the next fiscal year and slightly reduce economic aid and/or loan guarantees. However, in a notable departure from previous administrations, Obama made no mention of any military aid to Israel in his outline of the FY 2010 budget, announced last week. This notable absence may indicate that pressure from human rights activists and others concerned about massive U.S. military aid to Israel is now strong enough that the White House feels a need to downplay the assistance rather than emphasize it.

Obama Tilts Right

Currently, Obama is on record supporting sending up to $30 billion in unconditional military aid to Israel over the next 10 years. Such a total would represent a 25% increase in the already large-scale arms shipments to Israeli forces under the Bush administration.

Obama has thus far failed to realize that the problem in the Middle East is that there are too many deadly weapons in the region, not too few. Instead of simply wanting Israel to have an adequate deterrent against potential military threats, Obama insists the United States should guarantee that Israel maintain a qualitative military advantage. Thanks to this overwhelming advantage over its neighbors, Israeli forces were able to launch devastating wars against Israel’s Palestinian and Lebanese neighbors in recent years.

If Israel were in a strategically vulnerable situation, Obama’s hard-line position might be understandable. But Israel already has vastly superior conventional military capabilities relative to any combination of armed forces in the region, not to mention a nuclear deterrent.

However, Obama has failed to even acknowledge Israel’s nuclear arsenal of at least 200-300 weapons, which has been documented for decades. When Hearst reporter Helen Thomas asked at his first press conference if he could name any Middle Eastern countries that possess nuclear weapons, he didn’t even try to answer the question. Presumably, Obama knows Israel has these weapons and is located in the Middle East. However, acknowledging Israel’s arsenal could complicate his planned arms transfers since it would place Israel in violation of the 1976 Symington Amendment, which restricts U.S. military support for governments which develop nuclear weapons.

Another major obstacle to Amnesty’s calls for suspending military assistance is Congress. Republican leaders like Representatives John Boehner (OH) and Eric Cantor (VA) have long rejected calls by human rights groups to link U.S. military aid to adherence to internationally recognized human rights standards. But so have such Democratic leaders, such as House Speaker Nancy Pelosi and Majority Leader Steny Hoyer, who are outspoken supporters of unconditional military aid to Israel. Even progressive Democratic Representative Barney Frank (MA), at a press conference on February 24 pushing his proposal to reduce military spending by 25%, dismissed a question regarding conditioning Israel’s military aid package to human rights concerns.

Indeed, in an apparent effort to support their militaristic agenda and to discredit reputable human rights groups that documented systematic Israeli attacks against non-military targets, these congressional leaders and an overwhelming bipartisan majority of their colleagues have gone on record praising “Israel’s longstanding commitment to minimizing civilian loss and…efforts to prevent civilian casualties.” Although Obama remained silent while Israel was engaged in war crimes against the civilian population of Gaza, Pelosi and other congressional leaders rushed to Israel’s defense in the face of international condemnation.

Obama’s Defense of Israeli Attacks on Civilians

Following the 2006 conflict between Israeli armed forces and the Hezbollah militia, in which both sides committed war crimes by engaging in attacks against populated civilian areas, then-Senator Obama defended Israel’s actions and criticized Hezbollah, even though Israel was actually responsible for far more civilian deaths. In an apparent attempt to justify Israeli bombing of civilian population centers, Obama claimed Hezbollah had used “innocent people as shields.”

This charge directly challenged a series of reports from Amnesty International and Human Rights Watch. These reports found that while Hezbollah did have some military equipment close to some civilian areas, the Lebanese Islamist militia had not forced civilians to remain in or around military targets in order to deter Israel from attacking those targets. I sent Obama spokesperson Ben LaBolt a copy of an exhaustive 249-page Human Rights Watch report that didn’t find a single case — out of 600 civilian deaths investigated — of Hezbollah using human shields. I asked him if Obama had any empirical evidence that countered these findings.

In response, LaBolt provided me with a copy of a short report from a right-wing Israeli think tank with close ties to the Israeli government headed by the former head of the Israeli intelligence service. The report appeared to use exclusively Israeli government sources, in contrast to the Amnesty International and Human Rights Watch reports, which were based upon forensic evidence as well as multiple verified eyewitness accounts by both Lebanese living in the areas under attack as well as experienced monitors (unaffiliated with any government or political organization) on the ground. Despite several follow-up emails asking for more credible sources, LaBolt never got back to me.

Not Good for Israel

The militaristic stance by Congress and the Obama administration is hardly doing Israel a favor. Indeed, U.S. military assistance to Israel has nothing to do with Israel’s legitimate security needs. Rather than commencing during the country’s first 20 years of existence, when Israel was most vulnerable strategically, major U.S. military and economic aid didn’t even begin until after the 1967 War, when Israel proved itself to be far stronger than any combination of Arab armies and after Israeli occupation forces became the rulers of a large Palestinian population.

If all U.S. aid to Israel were immediately halted, Israel wouldn’t be under a significantly greater military threat than it is today for many years. Israel has both a major domestic arms industry and an existing military force far more capable and powerful than any conceivable combination of opposing forces.

Under Obama, U.S. military aid to Israel will likely continue be higher than it was back in the 1970s, when Egypt’s massive and well-equipped armed forces threatened war, Syria’s military rapidly expanded with advanced Soviet weaponry, armed factions of the PLO launched terrorist attacks into Israel, Jordan still claimed the West Bank and stationed large numbers of troops along its border and demarcation line with Israel, and Iraq embarked on a vast program of militarization. Why does the Obama administration believe that Israel needs more military aid today than it did back then? Since that time, Israel has maintained a longstanding peace treaty with Egypt and a large demilitarized and internationally monitored buffer zone. Syria’s armed forces were weakened by the collapse of their former Soviet patron and its government has been calling for a resumption of peace talks. The PLO is cooperating closely with Israeli security. Jordan signed a peace treaty with Israel with full normalized relations. And two major wars and a decade of strict international sanctions have devastated Iraq’s armed forces, which is in any case now under close U.S. supervision.

Obama has pledged continued military aid to Israel a full decade into the future not in terms of how that country’s strategic situation may evolve, but in terms of a fixed-dollar amount. If his real interest were to provide adequate support for Israeli defense, he wouldn’t promise $30 billion in additional military aid. He would simply pledge to maintain adequate military assistance to maintain Israel’s security needs, which would presumably decline if the peace process moves forward. However, Israel’s actual defense needs don’t appear to be the issue.

According to late Israeli major general and Knesset member Matti Peled, — who once served as the IDF’s chief procurement officer, such fixed amounts are arrived at “out of thin air.” In addition, every major arms transfer to Israel creates a new demand by Arab states — most of which can pay hard currency through petrodollars — for additional U.S. weapons to challenge Israel. Indeed, Israel announced its acceptance of a proposed Middle Eastern arms freeze in 1991, but the U.S. government, eager to defend the profits of U.S. arms merchants, effectively blocked it. Prior to the breakdown in the peace process in 2001, 78 senators wrote President Bill Clinton insisting that the United States send additional military aid to Israel on the grounds of massive arms procurement by Arab states, neglecting to note that 80% of those arms transfers were of U.S. origin. Were they really concerned about Israeli security, they would have voted to block these arms transfers to the Gulf monarchies and other Arab dictatorships.

The resulting arms race has been a bonanza for U.S. arms manufacturers. The right-wing “pro-Israel” political action committees certainly wield substantial clout with their contributions to congressional candidates supportive of large-scale military and economic aid to Israel. But the Aerospace Industry Association and other influential military interests that promote massive arms transfers to the Middle East and elsewhere are even more influential, contributing several times what the “pro-Israel” PACs contribute.

The huge amount of U.S. aid to the Israeli government hasn’t been as beneficial to Israel as many would suspect. U.S. military aid to Israel is, in fact, simply a credit line to American arms manufacturers, and actually ends up costing Israel two to three times that amount in operator training, staffing, maintenance, and other related costs. The overall impact is to increase Israeli military dependency on the United States — and amass record profits for U.S. arms merchants.

The U.S. Arms Export Control Act requires a cutoff of military aid to recipient countries if they’re found to be using American weapons for purposes other than internal security or legitimate self-defense and/or their use could “increase the possibility of an outbreak or escalation of conflict.” This might explain Obama’s refusal to acknowledge Israel’s disproportionate use of force and high number of civilian casualties.

Betraying His Constituency

The $30 billion in taxpayer funds to support Israeli militarism isn’t a huge amount of money compared with what has already been wasted in the Iraq War, bailouts for big banks, and various Pentagon boondoggles. Still, this money could more profitably go toward needs at home, such as health care, education, housing, and public transportation.

It’s therefore profoundly disappointing that there has been so little public opposition to Obama’s dismissal of Amnesty International’s calls to suspend aid to Israel. Some activists I contacted appear to have fallen into a fatalistic view that the “Zionist lobby” is too powerful to challenge and that Obama is nothing but a helpless pawn of powerful Jewish interests. Not only does this simplistic perspective border on anti-Semitism, it becomes a self-fulfilling prophecy. Any right-wing militaristic lobby will appear all-powerful if there isn’t a concerted effort from the left to challenge it.

Obama’s supporters must demand that he live up to his promise to change the mindset in Washington that has contributed to such death and destruction in the Middle East. The new administration must heed calls by Amnesty International and other human rights groups to condition military aid to Israel and all other countries that don’t adhere to basic principles of international humanitarian law.

Stephen Zunes, a Foreign Policy in Focus senior analyst, is a professor of politics and chair of Middle Eastern Studies at the University of San Francisco.

George Galloway stoned in Egypt

March 9, 2009
March 9, 2009

Protesters clash with Indian forces in Kashmir

March 8, 2009

By Aijaz Hussain, Associated Press | The Independent, UK,

Saturday, 7 March 2009

Government forces fired tear gas canisters and used bamboo batons today to disperse hundreds of Muslims protesting against the killing of a teenager a day earlier in Indian Kashmir.

Clashes erupted as people marched to a memorial service for 17-year-old Shahid Ahmed Ahangar, who was shot dead by security forces yesterday in Srinagar, the disputed region’s main city.

At least 23 others, including six soldiers, were injured in the day’s clashes, according to police.

Anti-India sentiment runs deep in Kashmir, where most people favour independence from mainly Hindu India or unification with predominantly Muslim Pakistan. Kashmir is divided between India and Pakistan, but both countries claim the region in its entirety and have fought two wars over it.

Chanting “We want freedom” and anti-India slogans, the protesters were stopped by troops who tried to prevent them from marching to Rainawari district in Srinagar.

No injuries were immediately reported from the clashes, said a police officer on condition of anonymity as he was not authorized to speak with the media.

Thousands of police and paramilitary soldiers in riot gear with automatic weapons patrolled the streets of Srinagar.

“Soldiers didn’t even allow us to come out of our homes in the morning to buy milk and bread,” said resident Latief Bhat.

Indian Kashmir’s Law Minister Abdul Rahim Rather said in a statement there would be “a thorough probe into (yesterday’s) incident to fix the responsibility and punish the guilty.”

Last month, two civilians were killed northwest of Srinagar when the Indian army opened fire on them. That incident provoked widespread protests against Indian rule.

Militant separatist groups have been fighting since 1989 to end Indian rule. More than 68,000 people, most of them civilians, have been killed in the uprising and subsequent Indian crackdown.