Archive for the ‘Afghanistan’ Category

Gaza, Afghanistan and International Law

December 22, 2009
Interview with Richard Falk

Richard Falk, Professor Emeritus of International Law at Princeton University and author of “Crimes of War: Iraq” and “The Costs of War: International Law, the UN, and World Order after Iraq” recorded October 17, 2009 in Seattle

Information Clearing House, posted  Dec 21, 2009

Marjorie Cohn: Obama’s Af-Pak War is Illegal

December 22, 2009

by Marjorie Cohn, CommonDreams.org, Dec 21, 2009

President Obama accepted the Nobel Peace Prize nine days after he announced he would send 30,000 more troops to Afghanistan. His escalation of that war is not what the Nobel committee envisioned when it sought to encourage him to make peace, not war.

In 1945, in the wake of two wars that claimed millions of lives, the nations of the world created the United Nations system to “save succeeding generations from the scourge of war.” The UN Charter is based on the principles of international peace and security as well as the protection of human rights. But the United States, one of the founding members of the UN, has often flouted the commands of the charter, which is part of US law under the Supremacy Clause of the Constitution.

Although the U.S. invasion of Afghanistan was as illegal as the invasion of Iraq, many Americans saw it as a justifiable response to the attacks of September 11, 2001. The cover of Time magazine called it “The Right War.” Obama campaigned on ending the Iraq war but escalating the war in Afghanistan. But a majority of Americans now oppose that war as well.

The UN Charter provides that all member states must settle their international disputes by peaceful means, and no nation can use military force except in self-defense or when authorized by the Security Council. After the 9/11 attacks, the council passed two resolutions, neither of which authorized the use of military force in Afghanistan.

“Operation Enduring Freedom” was not legitimate self-defense under the charter because the 9/11 attacks were crimes against humanity, not “armed attacks” by another country. Afghanistan did not attack the United States. In fact, 15 of the 19 hijackers hailed from Saudi Arabia. Furthermore, there was not an imminent threat of an armed attack on the United States after 9/11, or President Bush would not have waited three weeks before initiating his October 2001 bombing campaign. The necessity for self-defense must be “instant, overwhelming, leaving no choice of means, and no moment for deliberation.” This classic principle of self-defense in international law has been affirmed by the Nuremberg Tribunal and the UN General Assembly.

Bush’s justification for attacking Afghanistan was that it was harboring Osama bin Laden and training terrorists, even though bin Laden did not claim responsibility for the 9/11 attacks until 2004. After Bush demanded that the Taliban turn over bin Laden to the United States, the Taliban’s ambassador to Pakistan said his government wanted proof that bin Laden was involved in the 9/11 attacks before deciding whether to extradite him, according to the Washington Post. That proof was not forthcoming, the Taliban did not deliver bin Laden, and Bush began bombing Afghanistan.

Bush’s rationale for attacking Afghanistan was spurious. Iranians could have made the same argument to attack the United States after they overthrew the vicious Shah Reza Pahlavi in 1979 and the U.S. gave him safe haven. If the new Iranian government had demanded that the U.S. turn over the Shah and we refused, would it have been lawful for Iran to invade the United States? Of course not.

When he announced his troop “surge” in Afghanistan, Obama invoked the 9/11 attacks. By continuing and escalating Bush’s war in Afghanistan, Obama, too, is violating the UN Charter. In his speech accepting the Nobel Peace Prize, Obama declared that he has the “right” to wage wars “unilaterally.” The unilateral use of military force, however, is illegal unless undertaken in self-defense.

Those who conspired to hijack airplanes and kill thousands of people on 9/11 are guilty of crimes against humanity. They must be identified and brought to justice in accordance with the law. But retaliation by invading Afghanistan was not the answer. It has lead to growing U.S. and Afghan casualties, and has incurred even more hatred against the United States.

Conspicuously absent from the national discourse is a political analysis of why the tragedy of 9/11 occurred. We need to have that debate and construct a comprehensive strategy to overhaul U.S. foreign policy to inoculate us from the wrath of those who despise American imperialism. The “global war on terror” has been uncritically accepted by most in this country. But terrorism is a tactic, not an enemy. One cannot declare war on a tactic. The way to combat terrorism is by identifying and targeting its root causes, including poverty, lack of education, and foreign occupation.

In his declaration that he would send 30,000 additional U.S. troops to Afghanistan, Obama made scant reference to Pakistan. But his CIA has used more unmanned Predator drones against Pakistan than Bush. There are estimates that these robots have killed several hundred civilians. Most Pakistanis oppose them. A Gallup poll conducted in Pakistan last summer found 67% opposed and only 9% in favor. Notably, a majority of Pakistanis ranked the United States as a greater threat to Pakistan than the Taliban or Pakistan’s arch-rival India.

Many countries use drones for surveillance, but only the United States and Israel have used them for strikes. Scott Shane wrote in the New York Times, “For the first time in history, a civilian intelligence agency is using robots to carry out a military mission, selecting people for targeted killings in a country where the United States is not officially at war.”

The use of these drones in Pakistan violates both the UN Charter and the Geneva Conventions, which prohibit willful killing. Targeted or political assassinations-sometimes called extrajudicial executions-are carried out by order of, or with the acquiescence of, a government, outside any judicial framework.  As a 1998 report from the UN Special Rapporteur noted, “extrajudicial executions can never be justified under any circumstances, not even in time of war.” Willful killing is a grave breach of the Geneva Conventions, punishable as a war crime under the U.S. War Crimes Act. Extrajudicial executions also violate a longstanding U.S. policy.  In the 1970s, after the Senate Select Committee on Intelligence disclosed that the CIA had been involved in several murders or attempted murders of foreign leaders, President Gerald Ford issued an executive order banning assassinations.  Although there have been exceptions to this policy, every succeeding president until George W. Bush reaffirmed that order.

Obama is trying to make up for his withdrawal from Iraq by escalating the war on Afghanistan. He is acting like Lyndon Johnson, who rejected Defense Secretary Robert McNamara’s admonition about Vietnam because LBJ was “more afraid of the right than the left,” McNamara said in a 2007 interview with Bob Woodward published in the Washington Post.

Approximately 30% of all U.S. deaths in Afghanistan have occurred during Obama’s presidency. The cost of the war, including the 30,000 new troops he just ordered, will be about $100 billion a year. That money could better be used for building schools in Afghanistan and Pakistan, and creating jobs and funding health care in the United States.

Many congressional Democrats are uncomfortable with Obama’s decision to send more troops to Afghanistan. We must encourage them to hold firm and refuse to fund this war. And the left needs to organize and demonstrate to Obama that we are a force with which he must contend.

Marjorie Cohn is a professor at Thomas Jefferson School of Law and past 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 anthology, The United States and Torture: Interrogation, Incarceration and Abuse, will be published in 2010 by NYU Press. Her articles are archived at www.marjoriecohn.com

Peace activists tell Obama “No you can’t!”

December 21, 2009

By Jamilla El-Shafei, Socialist Worker,  December 18, 2009

WASHINGTON–Antiwar activists assembled in Lafayette Park, across from the White House, on December 12 to protest Barack Obama’s escalation of the war on Afghanistan and his Nobel Peace Prize speech in Oslo about waging a “just war.”

The call for the protest, which was put out by activists from Maine and Washington, demanded an end to the U.S. wars in Afghanistan and Iraq, a complete withdrawal of U.S. troops, and an end to drone attacks and covert military operations in Pakistan. The End U.S Wars web site states, “If President Obama does not meet these demands, we promise intensified opposition with antiwar candidates prepared to defeat his war policy.”

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Stunning Statistics About the War Every American Should Know

December 18, 2009

Contrary to popular belief, the US actually has 189,000 personnel on the ground in Afghanistan right now—and that number is quickly rising.

By Jeremy Scahill, RebelReports, Dec 18, 2009

A hearing in Sen. Claire McCaskill’s Contract Oversight subcommittee on contracting in Afghanistan has highlighted some important statistics that provide a window into the extent to which the Obama administration has picked up the Bush-era war privatization baton and sprinted with it. Overall, contractors now comprise a whopping 69% of the Department of Defense’s total workforce, “the highest ratio of contractors to military personnel in US history.” That’s not in one war zone—that’s the Pentagon in its entirety.

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Kristol Clear: The Source of America’s Wars

December 18, 2009

by Maidhc Ó Cathail, Dissident Voice,  December 18th, 2009

One reason neocons have been able to sow so much mischief is that they feed into deeply embedded American beliefs about democratism and ‘chosenness.’

– Paul Gottfried1

Americans feeling let down by Barack Obama’s escalation of the war in Afghanistan should take careful note of those who welcomed yet another “surge.”2 It might help them to identify the source of their seemingly endless wars.

For instance, in a recent Washington Post opinion piece, William Kristol described Obama’s West Point speech as “encouraging.” It was “a good thing,” he said, that Obama was finally speaking as “a war president.”3

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Opportunity Lost: Obama in Oslo

December 17, 2009

By Daniel C. Maguire , Consortiumnews.com, Dec 16, 2009

Editor’s Note: In his Nobel Peace Prize acceptance speech in Oslo, President Barack Obama downplayed the bloodshed caused by scores of U.S. military interventions and covert operations over the past six decades – and sought to justify his own escalation of the eight-year-old war in Afghanistan.

In this guest essay, Daniel C. Maguire, a Professor of Ethics at Marquette University, found Obama’s effort disappointing and disingenuous:

Whether Obama deserved the Nobel Peace Prize is not the point. He didn’t. The fact is he got it, and was gifted with the chance of a lifetime to make a classic speech on the politics of peace-making, a speech that in the glare of Nobel could have attained instant biblical standing.

He failed miserably, producing a hodge-podge that resembled the work of a bright but undisciplined sophomore.

He hoisted his petard on the classical “just war theory,” a theory that, properly understood, condemns his decision to send yet more kill-power into Afghanistan.

This theory which is much misused and little understood is designed to build a wall of assumptions against state-sponsored violence, i.e. war. It puts the burden of proof on the warrior where it belongs.

It gives six conditions necessary to justify a war. Fail one, and the war is immoral. The six are:

(1) A just cause. The only just cause is defense against an attack, not a preemptive attack on those who might someday attack us. Obama flunked this one, saying our current military actions are “to defend ourselves and all nations from further [i.e. future] attacks.” President Bush speaks here through the mouth of President Obama.

(2) Declaration by competent authority: Article one Section 8 of the Constitution which gives this power to the Congress has not been used since 1941. Congressional resolutions instead yield the power to the President.
Obama: “I am responsible for the deployment of thousands of young Americans to battle in a distant land.” Sorry. Not according to the Constitution.

On top of that we are bound by treaty to the United Nations Charter. Article 2, Section 4 prohibits recourse to military force except in circumstances of self-defense which was restricted to responses to a prior “armed attack” (Article 51), and only then until the Security Council had the chance to review the claim.

Obama fails twice on proper declaration of war. He violates the UN Charter by claiming the right to act “unilaterally” and “individually.” Again, faithful echoes of President Bush.

(3) Right intention: This means that there is reasonable surety that the war will succeed in serving justice and making a way to real peace.

Right intention is befouled by excessive secrecy, by putting the burdens of the war on the poor or future generations, by denying the right to conscientious object to soldiers who happen to know most of what is going on, and by a failure to understand the enemy’s grievances.

Obama declares gratuitously: “Negotiations cannot convince al Qaeda’s leaders to lay down their arms.” So all we can do is send soldiers to kill them? Really? What negotiations have been tried to find out why they hate us and not Sweden, or Argentina, or China?

A pause for reflection might show that those and other countries are not bombing and killing civilians in three Muslim countries simultaneously. That could generate a little resentment. None of those countries not targeted by al Qaeda are financing Israel’s illegal occupation of Palestinian lands in violation of UN resolutions.

The processes of negotiation allow light to shine in dark corners. Realpolitik eschews the light.

(4) The principle of discrimination, or non-combatant immunity. The science of war has made this condition so unachievable that only the policing paradigm envisioned by the UN Charter could ever justify state-sponsored violence.

Police operate within the constraints of law, as a communitarian effort, with oversight and follow-up review to prevent undue violence. Obama’s allusion to “42 other countries” joining in our violent work in Afghanistan and Iraq mocks the true intent of the collective action envisioned by the UN under supervision of the Security Council.

It is a mere disguise for our vigilante adventurism.

(5) Last resort. If state-sponsored violence is not the last resort we stand morally with hoodlums who would solve problems by murder. Obama fails to see that modern warfare, including counterinsurgency, is not the last or best resort against an enemy that has four unmatchable advantages: invisibility, versatility, patience, and the ability to find safe haven anywhere.

The idea of a single geographic safe haven is a myth and an anachronism reflecting the age of whole armies mobilizing in a definable locus.

Obama’s speech showed no appreciation of the alternative of peace-making. A Department of Peace (which would be a better name for a revitalized and better-funded State Department) would have as its goal to address in concert with other nations tensions as they begin to build.

Neglected crises can explode eventually into violence. This is used to assert the inevitability of war when it is only an indictment of improvident statecraft.

(6) The principle of proportionality: Put simply, the violence of war must do more good than harm. In judging war the impact on other nations and the environment must also be assessed in the balance sheet of good and bad results.

This is a hard test for modern warriors to pass. Victory in war is an oxymoron. No one wins a war: one side may lose less and may spin that as victory. Obama’s faith in the benefits of warring in three Muslim countries is delusional.

President Obama in Oslo was more a theologian than a statesman. He gave a condescending nod to nonviolent power but his theology of original sin tilted him toward violence as the surest and final arbiter for a fallen humanity.

It is “a pity beyond all telling” that the “just war theory” he invoked condemns the warring policies he anomalously defended as he accepted the Nobel Prize for Peace.

Daniel C. Maguire, a Professor of Moral Theological Ethics at Marquette University, is the author of The Horrors We Bless: Rethinking the Just-War Legacy.

Four American presidential candidates join Afghan war protest

December 16, 2009

Wordgeezer, Suzie-Q Truth and Justice Blog, Dec 16, 2009

This is indeed a sad situation folks. Has anyone noticed that there are any protests toward the escalation of the war in Afghanistan? Not in the main stream media, but there would have been been if it was promoted by the corporate government. These candidates, who really do speak for the people, are reduced to talking to a small crowd in the wind on a cold winter day. Where is the press with their cameras and microphones? Where is the private police force? Haven’t we been in the frog water long enough to figure out when to jump?

Possibly related posts: (automatically generated)

Obama’s Afghan escalation and the decay of democracy

December 16, 2009

Bill Van Auken, wsws.org, Dec 16, 2009

With President Barack Obama approaching his first anniversary in office, his escalation of the Afghanistan war is writing a new chapter in the history of Washington’s shredding of democratic forms of rule in order to further militarist aggression abroad.

This has become increasingly clear since the announcement earlier this month of the plan to send an additional 30,000 US soldiers and Marines to Afghanistan. It was further spelled out in Obama’s Nobel Peace Prize speech in Oslo, where he enunciated what has been widely described as the “Obama doctrine.”

The Obama doctrine incorporates all of the essentials of the Bush doctrine—preemptive war and the assertion of the right of the United States, as the world’s “sole military superpower,” to launch military aggression unilaterally as it sees fit. Obama’s contribution is to argue openly for the junking of existing international rules of war and the recognition of what was previously defined as aggressive war as a legitimate instrument of foreign policy.

Key passages of this hypocritical address tacitly recognized that imperialist war in general, and the US war in Afghanistan in particular, remain deeply unpopular at home and abroad.

Obama acknowledged the existence of “deep ambivalence about military action today, no matter the cause,” adding that this “is joined by a reflexive suspicion of America, the world’s sole military superpower.” He lamented a “disconnect between the efforts of those who serve and the ambivalence of the broader public.”

The US president dismissed popular antiwar sentiment in the US and around the world as naive. “Peace requires responsibility,” said Obama. “Peace requires sacrifice.” In short, peace requires war, whether those forced to die and to pay for it like it or not.

This theme has been further amplified since the Nobel speech, both by Obama and in the media.

In an interview broadcast Sunday on the CBS News program “60 Minutes,” Obama was asked why, under conditions where “most Americans…don’t believe this war is worth fighting,” he decided to escalate it anyway.

The president replied, “Because I think it’s the right thing to do. And that’s my job… If I was worried about what polled well there are a whole bunch of things we wouldn’t have done this year.”

Here Obama said more than he intended. This “bunch of things” includes his administration’s allocation of trillions of dollars to prop up Wall Street, while doing nothing to aid the millions who have lost their jobs, their incomes and their homes.

The “60 Minutes” segment was eerily reminiscent of interviews given by Vice President Dick Cheney in 2007 and 2008, as the Bush administration was carrying out its own “surge” in Iraq in the face of overwhelming opposition.

Appearing on Fox News in January 2007, Cheney dismissed the hostility of the American public to the war. “I don’t think any president worth his salt can afford to make decisions of this magnitude according to the polls,” he said.

Asked on ABC News in May 2008 if he didn’t “care what the American people think” about the war, Cheney replied, “No. I think you cannot be blown off course by the fluctuations in the public opinion polls.”

In Obama’s case, the indifference to the public’s hostility to war is all the more breathtaking since the Democratic president owes his 2008 election victory precisely to such sentiments.

The media, which universally hailed the Oslo address, has expanded on the theme that the will of the people must not be allowed to interfere with the waging of war. The New York Times published an editorial Monday admitting that in Europe “ambivalence has long been replaced by fierce demands for withdrawal” from Afghanistan. Indeed, polls in France and Germany have shown two-thirds of the public supporting an end to the US-NATO intervention.

In the face of such mass opposition, the Times counseled: “Democratically elected leaders cannot ignore public skepticism, but they should not surrender to it when they know better. Mrs. Merkel and Mr. Sarkozy must educate their voters to the harsh reality that Europe will also pay a high price if the Taliban and Al Qaeda get to retake Afghanistan and further destabilize Pakistan.”

Presumably, Washington has set the standard on how best to “educate the voters”: by frightening them with manufactured terrorist threats and deceiving them with phony pretexts for war.

The real motives driving US militarism are to remain hidden from the public. This was illustrated by Time magazine’s Joe Klein, a journalistic conduit for the political and national security establishment, in an article posted Sunday. Klein put forward the thesis that the US military had to remain in Afghanistan to forestall an Islamist-backed military coup in Pakistan and diminish the threat of war between Pakistan and India.

“Some of the best arguments about why this war is necessary must go unspoken by the president,” he wrote.

That is, there are the real reasons for the US war in Afghanistan and the fraudulent ones palmed off on the American people.

The most fundamental of these “unspoken” motives is the drive by US imperialism to assert its hegemony in a region containing some of the world’s largest energy reserves together with the pipelines to siphon them off to the West. It was this aim that led to US plans for war in Afghanistan being hatched long before September 11, 2001.

Obama is continuing and escalating a dirty colonial war to suppress popular resistance to foreign occupation and to secure the interests of the corporate and financial oligarchy that rules the US.

Despite systematic disinformation from the government and the mass media, millions of American working people have drawn their own conclusions from more than eight years of war in Afghanistan and more than six years in Iraq. The mass opposition to war, however, can find no means of expression within the existing political establishment. After going to the polls in both 2006 and 2008 to vote against war, the American people are confronted with the continuation and escalation of military aggression.

Neither the pursuit of imperialist wars in the face of public opposition, nor the execution of economic policies that defend the profits and wealth of the ruling elite at the expense of the rest of the population, can be carried out by democratic means. Both ultimately require methods of repression and intimidation. This is the fundamental reason that the Obama administration has kept intact all of the essential police state policies and institutions created under George W. Bush.

The fight against war, like the defense of democratic rights, can be waged successfully only through the independent mobilization of the working class against capitalism, which is creating intolerable conditions for billions of people around the world together with the threat of ever bloodier conflagrations.

Mercenaries and assassins: The real face of Obama’s “good war”

December 14, 2009

Bill Van Auken, wsws.org, Dec 13, 2009

Reports that mercenaries employed by the notorious Blackwater-Xe military contracting firm participated in CIA assassinations in Iraq and Afghanistan have further exposed the real character of so-called “good war” that is being escalated by the Obama administration.

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Obama’s ‘Just War’ Or A War Of Aggression

December 12, 2009
Ralph Nader, CommonDreams.org, Dec 12, 2009
President Obama, the Afghan war escalator, received the Nobel Peace Prize in Oslo, Norway, and proceeded to deliver his acceptance speech outlining the three criteria for a “just war” which he himself is violating.

The criteria are in this words: “If it is waged as a last resort or in self-defense; if the force used is proportional; and if, whenever possible, civilians are spared from violence.”

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