Archive for May, 2009

Nuremberg Set a Valid Precedent for Trials of War-crime Suspects in Iraq’s Destruction

May 28, 2009

By Cesar Chelala | The Japan  Times, May 27, 2009

New York – The Nuremberg Principles, a set of guidelines established after World War II to try Nazi Party members, were developed to determine what constitutes a war crime. The principles can also be applied today when considering the conditions that led to the Iraq war and, in the process, to the deaths of hundreds of thousands of people, many of them children, and to the devastation of a country’s infrastructure.

In January 2003, a group of American law professors warned President George W. Bush that he and senior officials of his government could be prosecuted for war crimes if their military tactics violated international humanitarian law. The group, led by the New York-based Center for Constitutional Rights, sent similar warnings to British Prime Minister Tony Blair and to Canadian Prime Minister Jean Chretien.

Although Washington is not part of the International Criminal Court (ICC), U.S. officials could be prosecuted in other countries under the Geneva Convention, says Michael Ratner, president of the Center for Constitutional Rights. Ratner likened the situation to the attempt by Spanish magistrate Baltazar Garzon to prosecute former Chilean military dictator Augusto Pinochet when Pinochet was under house arrest in London.

Both former President George W. Bush and senior officials in his government could be tried for their responsibility for torture and other war crimes under the Geneva Conventions.

In addition, should Nuremberg principles be followed by an investigating tribunal, former President Bush and other senior officials in his administration could be tried for violation of fundamental Nuremberg principles.

In 2007, Luis Moreno-Ocampo, the ICC’s chief prosecutor, told The Sunday Telegraph that he could envisage a scenario in which both British Prime Minister Tony Blair and then President Bush faced charges at The Hague.

Perhaps one of the most serious breaches of international law by the Bush administration was the doctrine of “preventive war.” In the case of the Iraq war, it was carried out without authorization from the U.N. Security Council in violation of the U.N. Charter, which forbids armed aggression and violations of any state’s sovereignty except for immediate self-defense.

As stated in the U.S. Constitution, international treaties agreed to by the United States are part of the “supreme law of the land.” “Launching a war of aggression is a crime that no political or economic situation can justify,” said Justice Jackson, the chief U.S. prosecutor for the Nuremberg Tribunal.

Benjamin Ferencz, also a former chief prosecutor for the Nuremberg Trials, declared that “a prima facie case can be made that the United States is guilty of the supreme crime against humanity — that being an illegal war of aggression against a sovereign nation.”

The conduct and the consequences of the Iraq war are subsumed under “Crimes against Peace and War” of Nuremberg Principle VI, which defines as crimes against peace “(i) Planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances; (ii) Participation in a common plan or conspiracy for the accomplishment of any of the acts mentioned under (i).” In the section on war crimes, Nuremberg Principle VI includes “murder or ill-treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property.”

The criminal abuse of prisoners in U.S. military prisons in Iraq, Afghanistan and Guantanamo are clear evidence of ill- treatment and even murder.

According to the organization Human Rights First, at least 100 detainees have died while in the hands of U.S. officials in the global “war on terror,” eight of whom were tortured to death.

As for the plunder of public or private property, there is evidence that even before the war started, members of the Bush administration had already drawn up plans to privatize and sell Iraqi property, particularly that related to oil.

Although there are obvious hindrances to trying a former U.S. president and his associates, such a trial is fully justified by legal precedents such as the Nuremberg Principles and by the extent of the toll in human lives that the breach of international law has exacted.

Cesar Chelala, a cowinner of the Overseas Press Club of America award, writes extensively on human rights issues.

Bill Clinton Named New UN Envoy to ‘Stabilize’ Haiti, a Country He Helped Destabilize

May 28, 2009

As president, Clinton forced neoliberal policies on Haiti, delayed President Aristide’s return after a US-backed coup and held Haitian refugees at Gitmo without rights.

By Jeremy Scahill |RebelReports, May 28, 2009

Former US President Bill Clinton has been named by United Nations Secretary General Ban Ki-moon as his special UN envoy to Haiti. Clinton will reportedly travel to the country at least four times a year.

“[It’s] an opportunity to bring in resources to address the economic insecurity that plagues Haiti,” says Brian Concannon, a human rights lawyer who works extensively in Haiti. “But if the nomination is to be more than a publicity stunt, the UN needs to honestly shed a spotlight on the international community’s role in creating that instability, including unfair trade and debt policies, and the undermining and overthrowing of Haiti’s constitutional government.”

Shining such a spotlight on those who created the instability, as Concannon suggests, would mean examining Clinton’s own role as president of the US during one of Haiti’s most horrifyingly dark periods.

Reuters news agency quotes a diplomat as saying Clinton is “an ‘excellent choice’ to help unlock Haiti’s potential as an investment target,” adding that his appointment “could attract investment in the Western Hemisphere’s poorest nation and help stabilize the country.”

That last statement about “stabiliz[ing]” Haiti would be humorous for its irony if the reality—and Clinton’s history in Haiti—wasn’t so deadly serious. The fact is that, as US president, Clinton’s policies helped systematically destabilize Haiti.

Dan Coughlin, who spent years as a journalist in Haiti in the 1990s for Inter Press Service, said he was “incredulous” when he heard the news. “Given the Clinton Administration’s aggressive pursuit of policies that profitted Haiti’s tiny elite, the IMF and big corporations at the expense of Haiti’s farmers and urban workers, the appointment does not bode well for the kind of fundamental change so needed in a country that has given so much to humankind,” Coughlin says.

In September 1991, the US backed the violent overthrow of the government of Haiti’s democratically-elected leftist priest President Jean Bertrand Aristide after he was in power less than a year. Aristide had defeated a US-backed candidate in the 1990 Haitian presidential election. The military coup leaders and their paramilitary gangs of CIA-backed murderous thugs, including the notorious FRAPH paramilitary units, were known for hacking the limbs off of Aristide supporters (and others) along with an unending slew of other horrifying crimes.

When Clinton came to power, he played a vicious game with Haiti that allowed the coup regime to continue rampaging Haiti and further destabilized the country. What’s more, in the 1992 election campaign, Bill Clinton campaigned on a pledge to reverse what he called then-President George HW Bush’s “cruel policy” of holding Haitian refugees at Guantanamo with no legal rights in US courts. Upon his election, however, Clinton reversed his position and sided with the Bush administration in denying the Haitians legal rights. the Haitians were held in atrocious conditions and the new Democratic president was sued by the Center for Constitutional Rights (sound familiar?).

While Clinton and his advisers publicly expressed their dismay with the coup, they simultaneously refused to support the swift reinstatement of the country’s democratically elected leader and would, in fact, not allow Aristide’s return until Washington received guarantees that: 1. Aristide would not lay claim to the years of his presidency lost in forced exile and; 2. US neoliberal economic plans were solidified as the law of the land in Haiti.

“The Clinton administration was credited for working for the return to power of Jean Bertrand Aristide after he was overthrown in a military coup,” says author William Blum. “But, in fact, Clinton had stalled the return for as long as he could, and had instead tried his best to return anti-Aristide conservatives to a leading power role in a mixed government, because Aristide was too leftist for Washington’s tastes.” Blum’s book “Killing Hope: US Military and CIA Interventions Since World War II” includes a chapter on the history of the US role in Haiti.

The fact that the coup against the democratically-elected president of Haiti was allowed to continue unabated for three full years seemed to be less offensive to Clinton than Aristide’s progressive vision for Haiti. As Blum observed in his book, “[Clinton] was not actually repulsed by [coup leader Raoul] Cédras and company, for they posed no ideological barrier to the United States continuing the economic and strategic control of Haiti it’s maintained for most of the century.  Unlike Jean-Bertrand Aristide, a man who only a year earlier had declared: ‘I still think capitalism is a mortal sin.’”

Blum added: “Faced ultimately with Aristide returning to power, Clinton demanded and received — and then made sure to publicly announce — the Haitian president’s guarantee that he would not try to remain in office to make up for the time lost in exile. Clinton of course called this ‘democracy,’ although it represented a partial legitimization of the coup.” Indeed, Haiti experts say that Clinton could have restored Aristide to power under an almost identical arrangement years earlier than he did.

When Aristide finally returned to Haiti, as Blum notes, “Jean-Bertrand Aristide’s reception was a joyous celebration filled with optimism.  However, unbeknownst to his adoring followers, while they were regaining Aristide, they may have lost Aristidism.”

As The Los Angeles Times reported at the time:

In a series of private meetings, Administration officials admonished Aristide to put aside the rhetoric of class warfare … and seek instead to reconcile Haiti’s rich and poor. The Administration also urged Aristide to stick closely to free-market economics and to abide by the Caribbean nation’s constitution — which gives substantial political power to the Parliament while imposing tight limits on the presidency. … Administration officials have urged Aristide to reach out to some of his political opponents in setting up his new government … to set up a broad-based coalition regime. … the Administration has made it clear to Aristide that if he fails to reach a consensus with Parliament, the United States will not try to prop up his regime. Almost every aspect of Aristide’s plans for resuming power — from taxing the rich to disarming the military — has been examined by the U.S. officials with whom the Haitian president meets daily and by officials from the World Bank, the International Monetary Fund and other aid organizations. The finished package clearly reflects their priorities. … Aristide obviously has toned down the liberation theology and class-struggle rhetoric that was his signature before he was exiled to Washington.

“While Bill Clinton oversaw the return of President Aristide in 1994, he also put significant constraints on what Aristide was able to do once back in power,” says Bill Fletcher, Jr, the Executive Editor of BlackCommentator.com and the immediate past president of TransAfrica Forum. “Clinton advanced a neo-liberal agenda for Haiti thereby undermining the efforts of an otherwise progressive populist administration (Aristide’s). There is no reason to believe that [as a UN envoy] ex-President Clinton will introduce or support efforts to radically break Haiti from under the thumb of the USA and the dire poverty which has been a significant consequence of said domination.”

Abu Ghraib abuse photos ‘show rape’

May 28, 2009

Photographs of alleged prisoner abuse which Barack Obama is attempting to censor include images of apparent rape and sexual abuse, it has emerged.

By Duncan Gardham, Security Correspondent and Paul Cruickshank
Telegraph.co.uk, 28 May 2009

Iraq prison abuse: Abu Ghraib abuse photos 'show rape'

A previous image of Iraq prison abuse

At least one picture shows an American soldier apparently raping a female prisoner while another is said to show a male translator raping a male detainee.

Further photographs are said to depict sexual assaults on prisoners with objects including a truncheon, wire and a phosphorescent tube.

Another apparently shows a female prisoner having her clothing forcibly removed to expose her breasts.

Detail of the content emerged from Major General Antonio Taguba, the former army officer who conducted an inquiry into the Abu Ghraib jail in Iraq.

Allegations of rape and abuse were included in his 2004 report but the fact there were photographs was never revealed. He has now confirmed their existence in an interview with the Daily Telegraph.

The graphic nature of some of the images may explain the US President’s attempts to block the release of an estimated 2,000 photographs from prisons in Iraq and Afghanistan despite an earlier promise to allow them to be published.

Maj Gen Taguba, who retired in January 2007, said he supported the President’s decision, adding: “These pictures show torture, abuse, rape and every indecency.

“I am not sure what purpose their release would serve other than a legal one and the consequence would be to imperil our troops, the only protectors of our foreign policy, when we most need them, and British troops who are trying to build security in Afghanistan.

“The mere description of these pictures is horrendous enough, take my word for it.”

In April, Mr Obama’s administration said the photographs would be released and it would be “pointless to appeal” against a court judgment in favour of the American Civil Liberties Union (ACLU).

But after lobbying from senior military figures, Mr Obama changed his mind saying they could put the safety of troops at risk.

Earlier this month, he said: “The most direct consequence of releasing them, I believe, would be to inflame anti-American public opinion and to put our troops in greater danger.”

It was thought the images were similar to those leaked five years ago, which showed naked and bloody prisoners being intimidated by dogs, dragged around on a leash, piled into a human pyramid and hooded and attached to wires.

Mr Obama seemed to reinforce that view by adding: “I want to emphasise that these photos that were requested in this case are not particularly sensational, especially when compared to the painful images that we remember from Abu Ghraib.”

The latest photographs relate to 400 cases of alleged abuse between 2001 and 2005 in Abu Ghraib and six other prisons. Mr Obama said the individuals involved had been “identified, and appropriate actions” taken.

Maj Gen Taguba’s internal inquiry into the abuse at Abu Ghraib, included sworn statements by 13 detainees, which, he said in the report, he found “credible based on the clarity of their statements and supporting evidence provided by other witnesses.”

Among the graphic statements, which were later released under US freedom of information laws, is that of Kasim Mehaddi Hilas in which he says: “I saw [name of a translator] ******* a kid, his age would be about 15 to 18 years. The kid was hurting very bad and they covered all the doors with sheets. Then when I heard screaming I climbed the door because on top it wasn’t covered and I saw [name] who was wearing the military uniform, putting his **** in the little kid’s ***…. and the female soldier was taking pictures.”

The translator was an American Egyptian who is now the subject of a civil court case in the US.

Three detainees, including the alleged victim, refer to the use of a phosphorescent tube in the sexual abuse and another to the use of wire, while the victim also refers to part of a policeman’s “stick” all of which were apparently photographed.

Shadow Wars

May 27, 2009

by Conn Hallinan | Foreign Policy In Focus, May 26, 2009

Sudan: The two F-16s caught the trucks deep in the northern desert. Within minutes, the column of vehicles was a string of shattered wrecks burning fiercely in the January sun. Surveillance drones spotted a few vehicles that had survived the storm of bombs and cannon shells, and the fighter-bombers returned to finish the job.

Syria: Four Blackhawk helicopters skimmed across the Iraqi border, landing at a small farmhouse near the town of al-Sukkariyeh. Black-clad soldiers poured from the choppers, laying down a withering hail of automatic weapons fire. When the shooting stopped, eight Syrians lay dead on the ground. Four others, cuffed and blindfolded, were dragged to the helicopters, which vanished back into Iraq.

Pakistan: a group of villagers were sipping tea in a courtyard when the world exploded. The Hellfire missiles seemed to come out of nowhere, scattering pieces of their victims across the village and demolishing several houses. Between January 14, 2006 and April 8, 2009, 60 such attacks took place. They killed 14 wanted al-Qaeda members along with 687 civilians.

In each of the above incidents, no country took responsibility or claimed credit. There were no sharp exchanges of diplomatic notes before the attacks, just sudden death and mayhem.
War without Declaration

The F-16s were Israeli, their target an alleged shipment of arms headed for the Gaza Strip. The Blackhawk soldiers were likely from Task Force 88, an ultra-secret U.S. Special Forces group. The Pakistanis were victims of a Predator drone directed from an airbase in southern Nevada.

Each attack was an act of war and drew angry responses from the country whose sovereignty was violated. But since no one admitted carrying them out, the diplomatic protests had no place to go.

Continued >>

Chalmers Johnson on the Cost of Empire

May 27, 2009
Book Review
Truthdig.com, May 15, 2009
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book cover

By Chalmers Johnson

In her foreword to “The Bases of Empire: The Global Struggle Against U.S. Military Posts,” an important collection of articles on United States militarism and imperialism, edited by Catherine Lutz, the prominent feminist writer Cynthia Enloe notes one of our most abject failures as a government and a democracy: “There is virtually no news coverage—no journalists’ or editors’ curiosity—about the pressures or lures at work when the U.S. government seeks to persuade officials of Romania, Aruba or Ecuador that providing U.S. military-basing access would be good for their countries.” The American public, if not the residents of the territories in question, is almost totally innocent of the huge costs involved, the crimes committed by our soldiers against women and children in the occupied territories, the environmental pollution, and the deep and abiding suspicions generated among people forced to live close to thousands of heavily armed, culturally myopic and dangerously indoctrinated American soldiers. This book is an antidote to such parochialism.

Catherine Lutz is an anthropologist at Brown University and the author of an ethnography of an American city that is indubitably part of the American military complex: Fayetteville, N.C., adjacent to Fort Bragg, home of the John F. Kennedy Special Warfare School (see “Homefront, A Military City and the American Twentieth Century,” Beacon Press, 2002). On the opening page of her introduction to the current volume, Lutz makes a real contribution to the study of the American empire of bases. She writes, “Officially, over 190,000 troops and 115,000 civilian employees are massed in 909 military facilities in 46 countries and territories.” She cites as her source the Department of Defense’s Base Structure Report for fiscal year 2007. This is the Defense Department’s annual inventory of real estate that it owns or leases in the United States and in foreign countries. Oddly, however, the total of 909 foreign bases does not appear in the 2007 BSR. Instead, it gives the numbers of 823 bases located in other people’s countries and 86 sites located in U.S. territories. So Lutz has combined the foreign and territorial bases—which include American Samoa, the District of Columbia, Guam, Johnston Atoll, the Northern Marianas Islands, Puerto Rico, the Virgin Islands, and Wake Island. Guam is host to at least 30 military sites and Puerto Rico to 41 bases.

Continued >>

Rights Group: Hundreds of Thousands of Trapped Swatis Face Catastrophe

May 27, 2009
2.3 Million Fled, But 200,000 Remain as Shortages Worsen

by Jason Ditz | Antiwar.com, May 26, 2009

Being among the 2.3 million Swat Valley residents who have fled the military’s offensive is not easy. The government-run refugee camps are filled to beyond capacity, and the refugees are not being allowed into neighboring provinces that fear an influx of the displaced.

Yet according to Human Rights Watch, the hundreds of thousands of civilians who remain trapped in the valley have it even worse, facing severe shortages of food, water and medicine in addition to dealing with military curfews, surly militants, and artillery barrages. The group is calling on the military to lift its curfew to allow more civilians to leave.

Swatis in the valley’s northern section have had the hardest time fleeing, with the roads south generally controlled by the Tehreek-e Taliban Pakistan (TTP). Some have attempted to flee north through the mountain passes, but the military has been attacking people along those passes, making that route unsafe.

Related Stories

Obama’s Guantánamo Appeasement Plan

May 27, 2009

by Marjorie Cohn | The Huffington Post, May 26, 2009

Two days after his inauguration, President Obama pledged to close Guantánamo within one year.  The Republicans, led by Senators John McCain, Mitch McConnell and Pat Roberts, immediately launched a concerted campaign to assail the new president.  They claimed his plan would release dangerous terrorists into U.S. communities and allow released terrorists to resume fighting against our troops.  Fox News agitator Sean Hannity and Bush team players like torture-memo lawyer John Yoo filled the airwaves and print media with paranoia.

The Republican attacks were bogus.  A 2008 McClatchy investigation revealed that the overwhelming majority of Guantánamo detainees taken into custody in 2001 and 2002 in Afghanistan and Pakistan were innocent of wrongdoing or bit players with little intelligence value.  A substantial number of those prisoners were literally sold to U.S. officials in exchange for bounty payments offered by the U.S. military. A Seton Hall Law Center report has debunked Pentagon claims that many released detainees have “returned to the fight.” And no one has ever escaped from one of the U.S. super-max prisons, which house hundreds of people convicted of terrorist offenses.

The Republicans have continued to oppose the effort to close Guantánamo. In an attempt to burnish his image and forestall war crimes charges, Dick Cheney now leads the charge, making ubiquitous attacks on Obama. Keeping Guantánamo open is “important,” Cheney declares. He claims that closing Guantánamo would endanger Americans, and warns that if detainees are brought to the United States, they would “acquire all kinds of legal rights.”  Obama is also taking heat from the intelligence community.  Those officials, like Cheney, seek to justify what they did under the Bush regime.

And now even the Democrats are piling on the bandwagon.  Reacting defensively to the Republican attack campaign, the Senate voted 90 to 6 to deny Obama funds to close Guantánamo until he comes up with a “plan” for relocating the detainees there. “We spent hundreds of millions of dollars building an appropriate facility with all security precautions on Guantánamo to try these cases,” said Democratic Senator Jim Webb on ABC News. “I do not believe they should be tried in the United States,” he added.

The pressure has caused Obama to buckle.  Timed to coincide with a Cheney speech to the right-wing American Enterprise Institute, Obama announced an appeasement plan to deal with the 240 remaining Guantánamo detainees.  Parts of his plan would threaten the very foundation of our legal system – that no one should be held in custody if he has committed no crime.  These are Obama’s five categories for disposition of detainees once Guantánamo is closed:

1) Those who violated the laws of war will be tried in military commissions.

Obama’s plan would backtrack on an early promise to shut down the military commissions.  Obama now claims that such commissions can be fair because they will no longer permit the use of evidence obtained by cruel, inhuman or degrading interrogation methods. He fails to mention, however, that the Pentagon is using “clean teams” to re-interrogate people who were previously interrogated using the prohibited methods. When they once again give the same information, it miraculously becomes untainted. Obama also fails to acknowledge that those tried in the military commissions are forbidden from seeing all the evidence against them, a violation of the bedrock principle that the accused must have an opportunity to confront his accusers.

Even the U.S. Supreme Court has disagreed with this part of Obama’s proposed plan of action.  In Ex parte Milligan, the Supreme Court declared military trials of civilians to be unconstitutional if civil courts are available.

Prisoners falling in this category should be tried in the courts of the United States, because the laws of war are actually part of U.S. law.  The Supremacy Clause of the Constitution says that treaties shall be the supreme law of the land. The Geneva Conventions and the Hague Convention, which the United States has ratified, contain the laws of war.

2) Those who have been ordered released from Guantánamo will remain in custody.

Seventeen Uighurs from China were ordered released after they were found not to be enemy combatants. But they continue to languish in custody because they would be imperiled if returned to China, which considers them enemies of the state. Suggestions that they be brought to the United States have been met with paranoid NIMBY (not in my backyard!) protestations.  So, under Obama’s plan they will remain incarcerated in a state of legal limbo.

3)   Those who cannot be prosecuted yet “pose a clear danger to the American people” will remain in custody with no right to legal process of any kind.

These are people who have never been charged with a crime. Obama did not say why they cannot be prosecuted. Secretary of Defense Robert Gates claims as many as 100 people may fall into this category. Included in this group are those who have “expressed their allegiance to Osama bin Laden.” They will suffer “prolonged detention.”

Obama’s plan for “prolonged detention” is nothing more than a newly-coined phrase for “preventive detention,” a policy that harks back to the bad old days of the Alien and Sedition Acts of 1798 and the internment of people of Japanese extraction in the 1940’s.   If Obama succeeds in convincing Congress to legalize “prolonged detention,” the United States will continue to be a pariah state among justice-loving nations.  The U.S. Congress, still rendered catatonic by post-9/11 rhetoric, will probably capitulate along with Obama.

Michael Ratner, president of the Center for Constitutional Rights, noted that Obama’s new system of preventive detention will just “move Guantánamo to a new location and give it a new name.”

4) Those who can be safely transferred to other countries will be transferred.

Obama noted that 50 men fall into this category.  It is unclear what will happen to them when they reach their destinations.

5) Those who violated U.S. criminal laws will be tried in federal courts.

Obama cited the examples of Ramzi Yousef, who tried to blow up the World Trade Center, and Zacarias Moussaoui, who was identified as the 20th 9/11 hijacker. Both were tried and convicted in U.S. courts and both are serving life sentences.

This is the only clearly acceptable part of Obama’s plan.  All detainees slated to remain in custody should be placed into this category.  The federal courts provide due process as required by the Fifth Amendment to the Constitution, which does not limit due process rights to U.S. citizens: “No person . . . shall be deprived of life, liberty, or property without due process of law.”

The federal courts are well suited to deal with accused terrorists. Indeed, federal judges who have presided over such cases say that the Classified Information Procedures Act can effectively protect classified intelligence in federal court trials.

If Mr. Obama proceeds with the plan he announced this week he will empower those who point to U.S. hypocrisy on human rights as a justification to do us harm. Obama’s capitulation to the intelligence gurus and the right-wing attack dogs will not only imperil the rule of law; it will actually make us more vulnerable to future acts of terrorism.

Marjorie Cohn is a professor at Thomas Jefferson School of Law and President of the National Lawyers Guild.  She is the author of Cowboy Republic: Six Ways the Bush Gang Has Defied the Law and co-author of Rules of Disengagement: The Politics and Honor of Military Dissent (with Kathleen Gilberd).  Her articles are archived at www.marjoriecohn.com

UN urges Sri Lanka war crime probe

May 27, 2009
Al Jazeera, May 26, 2009

Sri Lanka’s 26-year civil war has left thousands dead and forced many to flee their homes [AFP]

The United Nations human rights chief has called for an independent investigation into whether war crimes were committed in the final stages of Sri Lanka’s civil war.

Navi Pillay, the UN High Commissioner for Human Rights, said there was reason to believe that the government and the Tamil Tigers had “grossly disregarded the fundamental principle of the inviolability of civilians”.

“Establishing the facts is crucial to set the record straight regarding the conduct of all parties in the conflict,”  Pillay told a special session of the UN Human Rights Council in Geneva, Switzerland, on Tuesday.

She said thousands of civilians had been killed or injured in fighting between the government and the Liberation Tigers of Tamil Eelam (LTTE) since December.

In a video message to the council, Pillay reiterated concern over allegations that Tamil rebels prevented civilians from fleeing the combat zone and used them as human shields.

She also highlighted reports that the government fired heavy artillery on the densely populated area, and claims that the army may have killed rebels who were trying to surrender.

‘Outrageous suggestion’

Pillay said ensuring accountability for abuses committed would be important for the nation’s reconciliation.

But Dayan Jayatilleka, the Sri Lankan ambassador, said it was “outrageous” to suggest the government be investigated.

Pillay’s comments come as the UN Human Rights Council tries to reach consensus on their approach to the aftermath of the conflict, with two separate draft resolutions tabled for UN special session.

On one side, a Western-led group is demanding unrestricted access to around 300,000 Tamil civilians said to be forcibly held in government-run camps, and also calls for an inquiry into allegations of war crimes.

The other resolution, backed by Sri Lanka and its allies, praises its government for liberating Tamil civilians and its humane treatment of those displaced.

Sri Lanka declared total victory over the LTTE a week ago after killing their leaders.

The UN estimates that up to 100,000 people died during the 26-year conflict, including at least 7,000 civilians killed since the beginning of the year.

Medical supplies finally let into Gaza

May 27, 2009
Morning Star Online, Tuesday 26 May 2009

Egyptian officials have finally allowed about 20 solidarity activists into Gaza to deliver medical equipment, having left them stranded at the Rafah border for two days.

But Palestinian Rafah border chief Ghani Hamad said Egyptian authorities had prevented 19 others from getting through during Monday’s crossing.

Derry Sinn Fein councillor Gerry Mac-Lochlainn, who accompanied the Hope for Gaza Convoy, said the weary activists had handed over 25 ambulances, a kidney dialysis machine, wheelchairs and more than $47,000 (£29,535) worth of medicine paid for with money raised by charities and donations.

Egypt and Israel have enforced a strict blockade on Gaza since the democratically elected Hamas administration quashed a Western-backed coup bid by Fatah forces two years ago, allowing only limited amounts of humanitarian supplies in.

Medical equipment has been in especially short supply since Israel’s bloody offensive against Gaza ended in January.

Solidarity activist Arafat Madi condemned Egypt’s decision to block the 19 activists.

“It took us almost two months to prepare the convoy and the lorries and gather the desperately needed medical equipment,” Mr Madi stormed.

MPs from Italy, Greece, Ireland, Switzerland and Britain took part in the Hope for Gaza convoy, led by Italian senator Fernando Rossi.

Speaking in Gaza, Mr Rossi condemned the international community’s tolerance of Israel’s punishing blockade.

“Those who do not say ‘No’ to this siege and ‘No’ to this oppression in Gaza are against freedom for the Palestinian people,” he said.

ANALYSIS / Netanyahu bringing Israel closer to war with Iran

May 26, 2009

Prime Minister Benjamin Netanyahu speaking during a faction meeting in the Knesset on Monday.
(AP)

By Aluf Benn, Haaretz Correspondent | Haaretz/Israel, May 26, 2009
Prime Minister Benjamin Netanyahu considers the lifting of the Iranian nuclear threat his life’s mission. Before coming to power, he had mentioned that such an operation might cost thousands of lives, but the price was justified in view of the threat’s severity. His comments yesterday at the meeting of Likud’s Knesset faction put to rest Ariel Sharon’s doctrine that Iran is not just Israel’s problem but the entire world’s problem, and Israel must not be at the forefront of the struggle. Israel is now at the forefront.

The leaders of Iran and Israel escalated the verbal confrontation yesterday. Mahmoud Ahmadinejad said discussions on the nuclear issue are over, which means Iran does not intend to give up enriching uranium. Netanyahu said that if Israel does not lead the defense against the Iranian threat and bring in the United States and other countries, no one else will.

In both cases, in Tehran and Jerusalem, it’s possible to justify the leaders’ comments by citing domestic political needs. But even if the immediate motive is domestic politics, the strategic implications cannot be ignored.


Netanyahu reiterated that he has come to an understanding with U.S. President Barack Obama on preventing Iran from acquiring a military nuclear capability. Unlike the dispute between Netanyahu and the United States on the Palestinian question, the Americans have not denied his statements on understandings reached on Iran.

A senior source close to the Obama administration has said that the dialogue Obama has offered Iran will come to nothing and that the U.S. will not strike Iran unless something unusual and unexpected happens. If this turns out to be the case, the Netanyahu government may have to decide whether to attack Iran’s nuclear installations.

Three arguments are normally made to reject the likelihood of an Israeli military option: the complexity of the mission, the U.S. veto and opposition in the government. It is usually assumed that Israel will seek to repeat the 1981 bombing of the nuclear reactor in Iraq. This is only one scenario and not a likely one.

There are other possibilities to consider: a war in the north that drags Iran in, or a strike against a valuable target for the Iranian regime, which leads Supreme Leader Ali Khamenei and Ahmadinejad to take action against “the Zionist regime.” If Iran attacks Israel first, the element of surprise will be lost, but then Israel’s strike against the nuclear installations will be considered self-defense.

The second argument, regarding American opposition to a strike, depends on the circumstances. It’s hard to imagine that Obama will order the interception of Israeli aircraft on the way to Natanz if all other ways of stopping the centrifuges have failed. Clearly the administration will have to chastise Israel, and let’s not forget the statements by CIA chief Leon Panetta, who warned against any operation not coordinated with the United States. But no one knows how Obama will behave in the moment of truth. He told Newsweek that he will not tell Israelis what their defense requirements are. Netanyahu liked this very much.

The third claim, about political opposition at home, is entirely mistaken. In talks on going to war, the ministers and officers compete over who is more patriotic, not who is wiser or more rational. At decision time, no one will dare go down in history as having reservations and risk being portrayed as a coward. If the Second Lebanon War is anything to go by, all the “heroes” who criticized the war in retrospect had voted to go to war. This will be the case if Netanyahu brings to the cabinet a plan to attack Iran, and the Israel Defense Forces will say that it can.

A war with Iran is not inevitable. But the prime minister took another step yesterday toward preparing the general public for the possibility that it might break out.