Archive for January, 2010

The Rogue State: Israeli violations of U.N. Security Council Resolutions

January 28, 2010
Foreign Policy Journal, January 27, 2010

By Jeremy R. Hammond

Following is a list of United Nations Security Council resolutions directly critical of Israel for violations of U.N. Security Council resolutions, the U.N. Charter, the Geneva Conventions, international terrorism, or other violations of international law.

Res. 57 (Sep. 18, 1948) – Expresses deep shock at the  assassination of the U.N. Mediator in Palestine, Count Folke Bernadotte, by Zionist terrorists.

Res. 89 (Nov. 17, 1950) – Requests that attention be given to the expulsion of “thousands of Palestine Arabs” and calls upon concerned governments to take no further action “involving the transfer of persons across international frontiers or armistice lines”, and notes that Israel announced that it would withdraw to the armistice lines.

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Due process subverted in Dr Kelly’s death inquiry

January 28, 2010
Morning Star Online, January 27, 2010

David Halpin

This week it was revealed that Lord Hutton, the peer who chaired the Hutton inquiry, placed a 70-year gag on the evidence surrounding the death of weapons expert Dr David Kelly.

The establishment narrative was that Kelly had committed suicide. But since his death in 2003 more and more doubts have surfaced over the official version of events.

A group of doctors, including myself, is among the growing number of sceptics.

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Torture Never Stopped Under Obama

January 28, 2010

By Shamus Cooke, ZNet, Jan 27, 2010

Shamus Cooke’s ZSpace Page

“A year on, the [Obama] administration continues to look the other way when it comes to full disclosure of and remedy for human rights violations perpetrated by the U.S.A. in the name of countering terrorism.”

– Amnesty International

What is Torture?  It can be physical or psychological, quick or unhurried.  It implies lasting trauma unbefitting a human.  The U.N. defines torture as:

” …any act by which severe pain or suffering, physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him, or a third person, information or a confession…” (U.N. Convention Against Torture).

By this definition the U.S. continues to practice torture. Yes, Obama outlawed some especially shocking forms of torture — water boarding, for example — but other types of torture were not labelled “torture” and thus continue.

Surprisingly, this fact was recently discussed at length in The New York Times, under an Op-Ed piece appropriately entitled Torture’s Loopholes.  In it, an ex-interrogator explains some of the more glaring examples of how the U.S. currently tortures and argues for the practices to end.  In reference to Obama’s vow to end the systematic, obscene torture under Bush, the article states:

“…the changes were not as drastic as most Americans think, and elements of our interrogation policy continue to be both inhumane and counterproductive.”

The author says bluntly, “If I were to return to one of the war zones today… I would still be allowed to abuse [torture] prisoners.”

The article also explains how the U.S. “legally” continues a practice that thousands of people in the U.S. prison system already know to be psychological torture:

“…extended solitary confinement is torture, as confirmed by many scientific studies. Even the initial 30 days of isolation could be considered abuse [torture].”

Other forms of torture commonly practiced — since they are part of the Military’s updated Field Manual — are “…stress positions [shackling prisoners in painful positions for extended periods of time], putting detainees into close confinement or environmental manipulation [hot or frigid rooms]…”

Also mentioned as torture is sleep deprivation, a tactic used in combination with 20-hour interrogation sessions. The author concludes that these practices do “not meet the minimum standard of humane treatment, either in terms of American law or simple human decency.”  (January 20, 2010).

Unmentioned by the article are other forms of torture institutionalized under the Obama administration.  One is “sensory deprivation,” a deeply traumatizing psychological torture described in detail in Naomi Klein’s Shock Doctrine. The new Army Field Manual says that the tactic — though not called “sensory deprivation” — should be used to “prolong the shock of capture,” and should include “goggles or blindfolds and earmuffs” that completely disconnects the senses from the outside world, where the captive is able to experience only the thoughts in their head.

Yet another blatant form of torture that Obama refused to stop practicing is “extraordinary rendition,” or what critics call “outsourcing torture.”  This is the practice of flying a prisoner to a country where torture is routinely practiced, so that the prisoner can be interrogated.  As reported by The New York Times:

“The Obama administration will continue the Bush administration’s practice of sending terrorism suspects to third countries for detention and interrogation, but pledges to closely monitor their treatment to ensure that they are not tortured, administration officials said Monday.” (August 24, 2009).

Human rights groups instantly called Obama’s bluff:  why transport terrorism suspects to other countries at all? If not for the fact that torture and other “harsh interrogation methods” are routinely practiced there? No justifiable answer has been given to these questions.

Another common way the U.S. continues to outsource torture is performed in the Afghanistan and Iraq wars.  There, the U.S. military often arrests suspects and hands over the interrogation duties to Iraqi or Afghan security forces, knowing full well that they regularly torture (this was also the strategy in the Vietnam war).  Unfortunately, handing over someone to be tortured means you are also guilty of the crime.

A less obvious form of torture is the concept of “indefinite detention” — holding someone in prison indefinitely without a trial.  The terrible experience of hopelessness that a victim of this crime experiences, over years, is a profound form of psychological torture.  This is one of the reasons why the American Constitution guarantees due process, a legal detail that the Obama administration continues to ignore.

In connection, The Washington Post recently announced that the Obama administration will detain 50 Guantanamo inmates “indefinitely,” without any legal charges or chance of a trial.  This act is consistent with earlier statements made by Obama, when he stated that “some detainees are too dangerous, to be released.”  Of course, there does not exist any evidence to prove that these detainees are dangerous, otherwise they would be prosecuted in a legal court.  The article reports that these detainees are “un-prosecutable because officials fear trials…could challenge evidence obtained through coercion [torture].” (January 22, 2010).

The Washington Post article also reports that 35 additional Guantanamo inmates will be tried in Federal or Military courts.  In the latter court, far less evidence — if any — is needed, and the military jury can be handpicked to deliver the preferred outcome.

Obama, like Bush, has sought to undermine the legal rights of those detained and the victims of torture who seek accountability.  Obama continues to refuse to release pictures (evidence) of detainee abuse, preventing Americans from really understanding what their government is guilty of.  Obama has also refused detainees in so-called “black sites” (U.S. Bagram Air Base, for example) access to attorneys or courts. Finally, by not prosecuting anyone for torture crimes in the Bush administration, Obama is guaranteeing that the worst forms of torture will continue, since institutionalized behavior rarely stops unless rewards or punishments are implemented.

In the end, the act of torture is impossible to separate from war in general.  The “rules of war” are always ignored by both sides, who implement the most barbaric acts to terrorize their opponents into submission.

Obama’s wars, like Bush’s, are wars of conquest. U.S. corporations want the oil and other raw materials in the region.  They also want to privatize the conquered state-owned companies, and to sell U.S. products in the new markets the war has opened them.  Many corporations benefit from the act of war itself (arms manufacturers and corporate-employed mercenaries), or from the reconstruction opportunities the destruction creates.

Working people have no interest in this type of war.  The hundreds of billions of dollars that Obama is using for destruction should be used to create jobs instead, or for health care, public education, social services, etc.   It is up to all working people to organize themselves — through their unions and community organizations — to broadcast this demand and make it a reality.

Shamus Cooke is a social service worker, trade unionist, and writer for Workers Action (www.workerscompass.org).  He can be reached at shamuscook@yahoo.com

Pilger: The Kidnapping of Haiti

January 28, 2010

By John Pilger, Information Clearing House, January 27, 2010

The theft of Haiti has been swift and crude. On 22 January, the United States secured “formal approval” from the United Nations to take over all air and sea ports in Haiti, and to “secure” roads. No Haitian signed the agreement, which has no basis in law. Power rules in an American naval blockade and the arrival of 13,000 marines, special forces, spooks and mercenaries, none with humanitarian relief training.

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Howard Zinn, historian who challenged status quo, dies at 87

January 28, 2010

By Mark Feeney and Bryan Marquard, The Boston Globe, Jan 27, 2010

Howard Zinn, the Boston University historian and political activist who was an early opponent of US involvement in Vietnam and whose books, such as “A People’s History of the United States,” inspired young and old to rethink the way textbooks present the American experience, died today in Santa Monica, Calif, where he was traveling. He was 87.

His daughter, Myla Kabat-Zinn of Lexington, said he suffered a heart attack.

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Tony Blair is guilty of mass murder

January 28, 2010

Socialist Worker Online, January 29, 2010

Sabah Jawad from Iraqi Democrats Against the occupation

‘Tony Blair should be tried for his crimes against Iraq—and the legacy the war has left there.

A million Iraqis have died, leaving millions orphaned and widowed. The war and occupation have made as many as four million people into refugees.

The whole infrastructure of Iraq has been devastated by the occupation. Our heritage has been looted and destroyed, the environment has been poisoned and vital water sources have been lost.

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Remembering Al-Hakim George Habash, the great Palestinian Arab leader

January 26, 2010

By Yousef Abudayyeh, Palestine Think Tank, Jan 25, 2010

habash 2nd anniversaryCommemorating the second anniversary of the death of Al-Hakim George Habash, we reprint three articles published in homage to this great man who remains an inspiration and a source for millions. The first briefly recounts the legacy of this great man, the second is an interview in which Dr. Habash in his own words describes the decisive moment of his life and the third is a tribute delivered in London by the Communist Party.

With the passing of Dr. George Habash, the Arab people as a whole along with peoples of the world struggling for liberation have painfully lost one of the towering legends of decolonization.
Dr. Habash, popularly known as Al-Hakeem in dual reference to him being a medical doctor and the conscience of the Palestinian movement, is unmatched in Arab history.

British govt lawyer: Iraq war was unlawful

January 26, 2010

Middle East Online, Jan 26, 2010


Michael Wood says use of force against Iraq had no legal basis in international law.

LONDON – The 2003 Iraq war was illegal, the former chief legal advisor to Britain’s Foreign Office told a public inquiry into the war Tuesday, three days before ex prime minister Tony Blair appears.

“I considered that the use of force against Iraq in March 2003 was contrary to international law,” Michael Wood told the Chilcot inquiry in London.

“In my opinion, that use of force had not been authorised by the Security Council, and had no other legal basis in international law.”

Wood’s comments came as the probe’s focus shifted to the legality of the war.

Elizabeth Wilmshurst, his deputy who resigned in protest at the conflict, gives evidence later Tuesday, while the government’s senior legal advisor at the time, Peter Goldsmith, is due to appear Wednesday.

Goldsmith will likely face questions over whether he U-turned on the war’s legality. Two weeks before the invasion, he said it would be preferable to obtain a second UN Security Council resolution backing military action.

But this was not forthcoming and ten days later, Goldsmith said military action would be legal.

Blair himself is expected before the inquiry Friday, when anti-war protestors are set to stage demonstrations outside the probe venue.

Human rights policy under Obama

January 26, 2010

Stephen Zunes, Foreign Policy in Focus, Jan 26, 2010

The Obama administration’s record on human rights has been a major disappointment.

In part because the Bush administration abused the promotion of democracy and human rights to rationalize its militaristic policies in the Middle East and elsewhere, the Obama administration has at times been reluctant to be a forceful advocate for those struggling against oppression. For example, Obama was cautious in supporting the ongoing freedom struggle in Iran, in part because he believes that more overt advocacy could set back what he sees as the more critical issue of curbing Iran’s nuclear ambitions. He is also aware of how the history of U.S. interventionism in that country, overt threats of “regime change” by the previous administration, and the U.S. invasion of two neighboring countries in the name of promoting democracy could lead to a nationalist reaction to such grandstanding. (Despite this caution, however, the Iranian regime has falsely accused Obama of guiding the massive pro-democracy movement that is challenging the increasingly repressive rule in that country.)

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Wanted: Tony Blair for war crimes

January 26, 2010

Chilcot and the courts won’t do it, so it is up to us to show that we won’t let an illegal act of mass murder go unpunished

by George Monbiot, The Guardian/UK, January 26, 2010

The only question that counts is the one that the Chilcot inquiry won’t address: was the war with Iraq illegal? If the answer is yes, everything changes. The war is no longer a political matter, but a criminal one, and those who commissioned it should be committed for trial for what the Nuremberg tribunal called “the supreme international crime”: the crime of aggression.

But there’s a problem with official inquiries in the United Kingdom: the government appoints their members and sets their terms of reference. It’s the equivalent of a criminal suspect being allowed to choose what the charges should be, who should judge his case and who should sit on the jury. As a senior judge told the Guardian in November: “Looking into the legality of the war is the last thing the government wants. And actually, it’s the last thing the opposition wants either because they voted for the war. There simply is not the political pressure to explore the question of legality – they have not asked because they don’t want the answer.”

Others have explored it, however. Two weeks ago a Dutch inquiry, led by a former supreme court judge, found that the invasion had “no sound mandate in international law”. Last month Lord Steyn, a former law lord, said that “in the absence of a second UN resolution authorising invasion, it was illegal“. In November Lord Bingham, the former lord chief justice, stated that, without the blessing of the UN, the Iraq war was “a serious violation of international law and the rule of law“.

Under the United Nations charter, two conditions must be met before a war can legally be waged. The parties to a dispute must first “seek a solution by negotiation” (article 33). They can take up arms without an explicit mandate from the UN security council only “if an armed attack occurs against [them]” (article 51). Neither of these conditions applied. The US and UK governments rejected Iraq’s attempts to negotiate. At one point the US state department even announced that it would “go into thwart mode” to prevent the Iraqis from resuming talks on weapons inspection (all references are on my website). Iraq had launched no armed attack against either nation.

We also know that the UK government was aware that the war it intended to launch was illegal. In March 2002, the Cabinet Office explained that “a legal justification for invasion would be needed. Subject to law officers’ advice, none currently exists.” In July 2002, Lord Goldsmith, the attorney general, told the prime minister that there were only “three possible legal bases” for launching a war – “self-defence, ­humanitarian intervention, or UNSC [security council] authorisation. The first and second could not be the base in this case.” Bush and Blair later failed to obtain security council authorisation.

As the resignation letter on the eve of the war from Elizabeth Wilmshurst, then deputy legal adviser to the ­Foreign Office, revealed, her office had ­”consistently” advised that an ­invasion would be unlawful without a new UN resolution. She explained that “an unlawful use of force on such a scale amounts to the crime of aggression”. Both Wilmshurst and her former boss, Sir Michael Wood, will testify before the Chilcot inquiry tomorrow. Expect fireworks.

Without legal justification, the war with Iraq was an act of mass murder: those who died were unlawfully killed by the people who commissioned it. Crimes of aggression (also known as crimes against peace) are defined by the Nuremberg principles as “planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties”. They have been recognised in international law since 1945. The Rome statute, which established the international criminal court (ICC) and which was ratified by Blair’s government in 2001, provides for the court to “exercise jurisdiction over the crime of aggression”, once it has decided how the crime should be defined and prosecuted.

There are two problems. The first is that neither the government nor the opposition has any interest in pursuing these crimes, for the obvious reason that in doing so they would expose themselves to prosecution. The second is that the required legal mechanisms don’t yet exist. The governments that ratified the Rome statute have been filibustering furiously to delay the point at which the crime can be prosecuted by the ICC: after eight years of discussions, the necessary provision still has not been adopted.

Some countries, mostly in eastern Europe and central Asia, have incorporated the crime of aggression into their own laws, though it is not yet clear which of them would be willing to try a foreign national for acts committed abroad. In the UK, where it remains ­illegal to wear an offensive T-shirt, you cannot yet be prosecuted for mass ­murder commissioned overseas.

All those who believe in justice should campaign for their governments to stop messing about and allow the international criminal court to start prosecuting the crime of aggression. We should also press for its adoption into national law. But I believe that the people of this nation, who re-elected a government that had launched an illegal war, have a duty to do more than that. We must show that we have not, as Blair requested, “moved on” from Iraq, that we are not prepared to allow his crime to remain unpunished, or to allow future leaders to believe that they can safely repeat it.

But how? As I found when I tried to apprehend John Bolton, one of the architects of the war in George Bush’s government, at the Hay festival in 2008, and as Peter Tatchell found when he tried to detain Robert Mugabe, nothing focuses attention on these issues more than an attempted citizen’s arrest. In October I mooted the idea of a bounty to which the public could contribute, ­payable to anyone who tried to arrest Tony Blair if he became president of the European Union. He didn’t of course, but I asked those who had pledged money whether we should go ahead anyway. The response was overwhelmingly positive.

So today I am launching a website – www.arrestblair.org – whose purpose is to raise money as a reward for people attempting a peaceful citizen’s arrest  of the former prime minister. I have put up the first £100, and I encourage you to match it. Anyone meeting the rules I’ve laid down will be entitled to one quarter of the total pot: the bounties will remain available until Blair faces a court of law. The higher the ­reward, the greater the number of ­people who are likely to try.

At this stage the arrests will be largely symbolic, though they are likely to have great political resonance. But I hope that as pressure builds up and the crime of aggression is adopted by the courts, these attempts will help to press ­governments to prosecute. There must be no hiding place for those who have committed crimes against peace. No ­civilised country can allow mass ­murderers to move on.

© 2010 Guardian News and Media Limited

George Monbiot is the author of the best selling books The Age of Consent: a manifesto for a new world order and Captive State: the corporate takeover of Britain. He writes a weekly column for the Guardian newspaper. Visit his website at www.monbiot.com