Archive for the ‘Commentary’ Category

CIA Confirms a Dozen Destroyed Interrogation Tapes Depicted Torture

March 7, 2009

By Jason Leopold | The Public Record, March 6, 2009

Heavily redacted government documents filed in a New York federal court Friday afternoon state the CIA destroyed 12 videotapes that specifically showed two detainees being tortured by interrogators, the first time the agency has disclosed the exact number of .

The documents were filed in response to a Freedom of Information Act lawsuit filed by the American Civil Liberties Union seeking documentary evidence on the Bush administration’s treatment of detainees. In December 2007, the ACLU filed a motion to hold the CIA in contempt for destroying the videotapes, alleging the agency violated a court order requiring the immediate production or identify all records requested by the ACLU related to detainee treatment. That motion is still pending.

The videotaped interrogations, which were also withheld from the 9/11 Commission, were destroyed in November 2005 after The Washington Post published a story exposing the CIA’s use of so-called “black site” prisons overseas to interrogate terror suspects with techniques that were not legal on U.S. soil.

On Monday, the Justice Department revealed for the first time in court documents the CIA destroyed 92 videotapes – far more than previously known – to prevent disclosure of evidence revealing how the agency’s interrogators subjected “war on terror” detainees to waterboarding and other brutal methods.

The tape destruction has been the subject of a year-long criminal investigation by John Durham, the acting U.S. Attorney for the Eastern District of Virginia who was appointed special prosecutor last year by Attorney General Michael Mukasey.

According to Friday’s court documents, 90 tapes relate to one detainee and two tapes relate to another detainee. The detainees are said to be al-Qaeda operative Abu Zubaydah, who was captured in Pakistan in March 2002 and flown to a secret CIA prison site in Thailand where he was tortured in what has been called the Bush administration’s extraordinary rendition program. The other so-called “high-value” detainee whose interrogation was videotaped was identified as al-Nashiri. It is believed that all of the videotaped interrogations took place at secret CIA detention center in Thailand. (Please see this investigative report on how a newly published Justice Department legal memo authorizing extraordinary renditions was drafted exactly two weeks before Zubaydah’s capture).

In a letter filed Friday in U.S. District Court for the Southern District of New York, Acting U.S. Attorney Lev Dassin said a complete list of summaries, transcripts or memoranda related to the videotapes would be filed with the court by March 20. The CIA requested an extra two weeks, Dassin said, “because it is still searching and identifying the records at issue.”

However, “to date, the CIA is not aware of any transcripts of the destroyed videotapes,” Dassin wrote. An unredacted version of the inventory of the destroyed videotapes will only be made available for the ACLU to view behind closed doors in court.  “This inventory identifies the tapes and includes any descriptions that were written on the spine of the tapes.”

Dassin said much of the information the ACLU is seeking remains classified and still cannot be released publicly. Dassin said an unredacted version of the inventory of videotapes the CIA destroyed can be viewed “in camera” by the judge presiding over the case. Additionally, the identities of individuals who viewed the videotapes also remains classified.

Amrit Singh, a staff attorney with the ACLU, said Friday the “government is needlessly withholding information about these tapes from the public, despite the fact that the CIA’s use of torture – including waterboarding – is no secret.”

“This new information only underscores the need for full and immediate disclosure of the CIA’s illegal interrogation methods,” Singh said. “The time has come for the CIA to be held accountable for flouting the rule of law.”

Dassin added that the CIA turned over to the ACLU additional unredacted pages of a highly-classified CIA inspector general’s report from 2004 that concluded the techniques used on the prisoners “appeared to constitute cruel, inhumane and degrading treatment, as defined by the International Convention Against Torture.”

In a little known Jan. 10, 2008 declaration in response to the ACLU’s contempt motion, the CIA provided some insight into the inspector general John Helgerson’s report and revealed that he viewed the torture tapes, which formed the basis for his still classified report on the CIA’s methods of interrogation.

“In January 2003, [Office of Inspector General] OIG initiated a special review of the CIA terrorist detention and interrogation program. This review was intended to evaluate CIA detention and interrogation activities, and was not initiated in response to an allegation of wrongdoing,” the declaration says. “During the course of the special review, OIG was notified of the existence of videotapes of the interrogations of detainees. OIG arranged with the NCS to review the videotapes at the overseas location where they were stored.

“OIG reviewed the videotapes at an overseas covert NCS facility in May 2003. After reviewing the videotapes, OIG did not take custody of the videotapes and they remained in the custody of NCS. Nor did OIG make or retain a copy of the videotapes for its files. At the conclusion of the special review in May 2004, OIG notified DOJ and other relevant oversight authorities of the review’s findings.”

Although the report remains classified, previously published news reports and books provided some insight into the report’s contents.

“In his report, Mr. Helgerson also raised concern about whether the use of the techniques could expose agency officers to legal liability,” according to a November 9, 2005, story in The New York Times published the same month the tapes were destroyed. “They said the report expressed skepticism about the Bush administration view that any ban on cruel, inhumane and degrading treatment under the treaty does not apply to CIA interrogations because they take place overseas on people who are not citizens of the United States.”

“The officials who described the report said it discussed particular techniques used by the CIA against particular prisoners, including about three dozen terror suspects being held by the agency in secret locations around the world,” The New York Times reported.”They said it referred in particular to the treatment of Khalid Sheikh Mohammed, who is said to have organized the Sept. 11 attacks and who has been detained in a secret location by the CIA since he was captured in March 2003. Mr. Mohammed is among those believed to have been subjected to waterboarding, in which a prisoner is strapped to a board and made to believe he is drowning.”

According to New Yorker reporter Jane Mayer, it is also believed that the tapes were destroyed because Democratic members of Congress who were briefed about the tapes began asking questions about whether the interrogations were illegal.

“Further rattling the CIA was a request in May 2005 from Senator Jay Rockefeller, the ranking Democrat on the Senate Intelligence Committee, to see over a hundred documents referred to in the earlier Inspector General’s report on detention inside the black prison sites,” Mayer wrote in her book “The Dark Side.” “Among the items Rockefeller specifically sought was a legal analysis of the CIA’s interrogation videotapes.

“Rockefeller wanted to know if the intelligence agency’s top lawyer believed that the waterboarding of [alleged al-Qaeda operative Abu] Zubayda and [alleged 9/11 mastermind] Khalid Sheikh Mohammed, as captured on the secret videotapes, was entirely legal. The CIA refused to provide the requested documents to Rockefeller. But the Democratic senator’s mention of the videotapes undoubtedly sent a shiver through the Agency, as did a second request the made for these documents to [former CIA Director Porter] Goss in September 2005.”

According to Mayer, ex-Vice President Dick Cheney stopped Helgerson from fully completing his investigation. That proves, Mayer contends, that as early as 2004 “the Vice President’s office was fully aware that there were allegations of serious wrongdoing in The [interrogation] Program.”

“Helgerson was summoned repeatedly to meet privately with Vice President Cheney” before his investigation was “stopped in its tracks.” Mayer said that Cheney’s interaction with Helgerson was “highly unusual.”

Cheney has admitted in several interviews before he exited the White House that he personally “signed off” on waterboarding three terrorist detainees and approved the “enhanced interrogation” of 33 detainees.

In October 2007, former CIA Director Michael Hayden ordered an investigation into Helgerson’s office, focusing on internal complaints that the inspector general was on “a crusade against those who have participated in controversial detention programs.”

Dassin said the additional pages from the inspector general’s report that were turned over the ACLU identify the number of videotapes that were destroyed.

Fiendebilder før og nå

March 6, 2009
Av Anne Hege Grung | Morgenbladet, Oslo

Nasir Khan ettersporer islamofobiens røtter i kristen dogmatikk.

Har teologiske dogmer politiske konsekvenser? Eksisterer det eller har det eksistert ulike grunnleggende dogmatiske grunnstrukturer i de forskjellige religionenes lære, som avgjør om de vil fungere som maktmiddel for herskesyke militære og politikere eller kan bli toleransens fanebærere? Nasir Khan gir heldigvis ikke noe entydig svar i sin nye bok, der han gjennomgår hva slags følger kristen dogmedannelse og ulike former for maktpolitikk basert på kristen retorikk og dogmatikk har hatt i forhold til synet på islam og på muslimer.Utgivelsen er utvilsomt et viktig bidrag inn til den offentlige diskurs om forholdet mellom kristendom, islam og Vesten. Khan, historiker og filosof, åpner boken med å gå gjennom kristen dogmehistorie i religionens første par hundre år og de første møtene og konfrontasjonene mellom kristendommen og islam i Midtøsten etter at islam ble etablert som den tredje monoteistiske religionen (eller den fjerde, hvis man inkluderer zoroastrene). Han fortsetter i de neste fjorten kapitlene med å skildre ulike historiske og idéhistoriske epoker i forhold til kristen-muslimske relasjoner. Blant dem er korsfarertiden, mongolenes angrep fra øst, europeisk opplysningstid og kolonialisme. Han avslutter med et kapittel om ulike kirkers nåværende teologiske holdninger til islam, som inkluderer kristen-muslimsk dialogarbeid og enkelte kirkers oppgjør med sin egen islamofobe historie.

Maktfråtseri. På mange måter er det røttene til den nåværende vestlige islamofobien som konstruksjon vi får servert. Tematisk og historisk dekker boken dermed et enormt bredt felt, og et av dens fortrinn er at konsentrasjonen ikke forsvinner underveis. Det som trekkes inn av materiale er relevant for å forklare hvorfor islam ble oppfattet og delvis konstruert som en trussel av kirkens ledere og de politiske herskere i vest. Dette gir helt nødvendige perspektiver på dagens diskurser både om de muslimske minoriteter i Europa og aggressiviteten som utøves fra USA og “Vesten” både verbalt og militært overfor deler av “Den muslimske verden”. Noe som oftest ikke kommer frem, er at dette fiendebildet i høy grad fungerte og fortsatt fungerer territorialt og ikke primært religiøst. Mange østlige kristne ble definert som kjettere, og dermed også politiske fiender. Boken gir historiske eksempler på dette. Det samme kan man si gjelder for dagens politiske situasjon i forholdet mellom USA, Europa og Midtøsten.

Å lese om den tidlige kristne dogmehistorien, skrevet fra et erklært muslimsk perspektiv, er forfriskende og interessant. Men først og fremst viser det hvor nødvendig det er å utøve religionskritikk fra ulike ståsteder: Mange av de politiske dimensjonene og konsekvensene dogmedannelsen fikk når det gjelder treenighetslæren og læren om Jesu doble natur (guddommelig og menneskelig), blir svært tydelige i denne fremstillingen. Khan trekker en parallell mellom det han mener er den kristne kirkes vei bort fra det menneskelige til et hensynsløst maktfråtseri på den ene siden, og at man (i Khans tolkning av historien) klart fremhever Kristi guddommelige natur fremfor den menneskelige på den annen side.

Felles problem. At religiøse dogmer og politikk og maktforhold kan påvirke hverandre gjensidig, er utvilsomt tilfellet, og bør være gjenstand for kritisk analyse. Men dersom man ønsker å gå inn på dette i et større perspektiv, kan det spekuleres over mange slike paralleller. For eksempel kan det hevdes at de monoteistiske religionene jødedom, kristendom og islam (selv om de, som Khan påpeker, er monoteistiske på forskjellige måter) både hver for seg og samlet kan virke kneblende på debatt og hindre utvikling av pluralisme og toleranse i et samfunn fordi de i sine dogmatiske systemer tradisjonelt sett er ekskluderende overfor andre troende, og ikke åpner for annet enn sin egen, egentlige sannhet. Boken viser hvor destruktivt dette er både politisk, sosialt – og religiøst. Når man graderer menneskeverd etter religiøs tilhørighet, gir det lett legitimitet til diskriminering, vold og krig i Guds navn.

Boken anbefales varmt, til tross for enkelte svakheter: Når temaet kjønnsroller i kristendom og islam gjennom historien kommer opp, blir dekningen noe skjev – i “favør” av islam ved at det problematiske koranverset 4,34 er utelukket, mens de mest kvinnediskriminerende Paulus-tekstene er tatt med. Khan lar det imidlertid skinne tydelig igjennom at han betrakter kvinnediskriminering som et felles problem for både kristne og muslimer.

Sakprosa
Nasir Khan
Perceptions of Islam in the Christendoms. A Historical Survey
488 sider. Solum.
2006

Publisert 07. juli 2006

Gaza donor conference: conspiracy wrapped up as compassion

March 6, 2009
By Jean Shaoul | WSWS,  5 March 2009

The donor conference Monday at Sharm el-Sheikh in Egypt had nothing to do with alleviating the appalling humanitarian crisis in Gaza and rebuilding the homes, factories, infrastructure and schools destroyed by Israel—its ostensible purpose. This stated goal was a cover for furthering Washington’s geopolitical interests in the oil-rich Middle East, by overthrowing Hamas and restoring the discredited Palestinian Authority of President Mahmoud Abbas to power in Gaza so as to help police the region in American and Israel’s interests.

The meeting followed Israel’s US-backed 22-day war against Gaza at the end of last year, an assault that killed more than 1,300 Palestinians, wounded many thousands more and drove 400,000 people from their homes. Attended by US Secretary of State Hillary Clinton, the donor conference is part of an attempt by the Obama administration to portray itself as more even-handed in its approach to the Middle East in general and the Israel-Palestine conflict in particular. This is vital in order to provide cover for the Arab regimes’ collusion with the US in the occupation of Iraq, the war in Afghanistan and any offensive against Iran.

The essential purpose of the gathering was to demand that the Palestinians “break the cycle of rejection and resistance” and submit to Israeli demands. This means accepting a bifurcated state made up of Gaza and several non-contiguous enclaves in the West Bank, ruled by the Fatah-dominated PA. This entity would be dominated by Israel with the help of Egypt and Jordan, while Israel continues to expand its settlements in the West Bank. Just last week, the Israeli PeaceNow movement announced that Israel had drawn up plans to build 70,000 new homes for Jewish settlers in the West Bank.

The conference was attended by diplomats from 45 countries, but not by Israel. Hamas, despite being the elected government, was not invited, as Israel, the US and European Union regard it as a terrorist organisation. Instead the Palestinians were represented by Washington’s puppet PA regime, headed by Abbas, even though his term of office expired last January.

Egypt’s Foreign Minister Ahmed Aboul Gheit announced that international donors had pledged $5.2 billion from 68 countries for rebuilding Gaza. He said that the total was “beyond our expectations.” The Palestinian Authority had requested only $2.8 billion for reconstruction, to be channelled through its government in the West Bank. The Gulf countries, including Saudi Arabia, pledged $1.65 billion, the US $900 million, and the European powers $554 million.

Clinton made clear that Washington’s $900 million contribution is conditional on the Palestinians accepting its dictates. She said, “[The aid package] will only be spent if we determine that our goals can be furthered rather than undermined or subverted. We want to show we care about their plight [the Palestinians] and that we obviously don’t want civilians to suffer any more than they have. But we want to make clear that any contributions we make will not go to Hamas.”

Clinton added, “Our response to today’s crisis in Gaza cannot be separated from our broader efforts to achieve a comprehensive peace.” The aim of the aid was to “foster conditions in which a Palestinian state can be fully realised.”

Her spokesman, Robert A. Wood, said that $600 million was for the PA, based in the West Bank, with only $300 million for humanitarian aid for Gaza. This is a drop in the ocean compared with both Gaza’s needs and the support Washington has lavished on Israel for more than 40 years. Clinton insisted that iron-clad safeguards would be put in place to ensure none of the $300 million went to Hamas.

The European powers fully support this agenda, although they tried to appear more even handed. British Foreign Secretary David Miliband said that “visible signs of progress” in the West Bank and Gaza were vital. He added, however, that Palestinians needed “a single government across the occupied territories.”

French President Nicolas Sarkozy took a somewhat different approach, urging Hamas “to engage resolutely in searching for a political solution and engage in a dialogue with Israel.”

Little of the monies promised are new. Most was pledged at the Paris conference in December 2007 and never delivered due to Israel’s refusal to lift the then 500-plus roadblocks in the West Bank and allow Gaza to open its borders, making any investment impossible and pointless. There are now more than 600 roadblocks.

Fully $1.5 billion was specifically earmarked for the Palestinian Authority’s budget deficit, economic “reforms” and private sector projects.

Only $1.33 billion was budgeted for reconstruction in Gaza. This is far less than the $2.4 billion the United Nations estimated is necessary to make good the destruction wrought by Israel. And even this pittance would not be disbursed until Hamas is no longer a force in Gaza.

The Gulf countries, including Saudi Arabia, Qatar and Kuwait, said that the $1.6 billion they had pledged would bypass both Hamas and the PA. Not wanting to be seen to be favouring Abbas directly, they said they would set up an office in Gaza to carry out their own reconstruction. But since all reconstruction materials, such as cement, pumps and generators, must pass through Israel, and an Israeli Defence Ministry spokesman has stressed that Israel wanted “each and every pipe accounted for” by a project-by-project approvals process, it will be impossible to get even the most modest reconstruction programme off the ground.

The money for humanitarian purposes would bypass Hamas and be channelled through UN agencies and international aid groups. But since Israel controls Gaza’s borders, coastal waters and airspace, and allows only some food, medical supplies and fuel to enter Gaza, this has little substantive meaning. According to the UN, Gaza needs a minimum of 500 truckloads of humanitarian aid and commercial goods a day. While the Israeli authorities have told humanitarian agencies that they will allow up to 200 truckloads a day, the actual number has never exceeded 120 since the blockade began in June 2007. The average in February was between 88 and 104, including the grain shipped by conveyor belt at the Karni crossing. New security procedures since the January war make it almost impossible for aid agencies to plan deliveries more than 24 hours in advance. Israel’s latest condition for any easing of the restrictions is the release of Gilad Shalit, an Israeli soldier who has been held in Gaza since June 2006.

According to Human Rights Watch, the New York based group, aid workers said that on several occasions the Israeli authorities refused to allow the shipment of pre-scheduled aid just hours before they were supposed to arrive. The UN Office for the Coordination of Humanitarian Affairs (OCHA) said that Israel has arbitrarily refused entry of even basic items like chickpeas, macaroni, and wheat-flour, notebooks for students, freezer appliances, generators, water pumps and cooking gas.

Israel insists that all trucks enter Gaza via Kerem Shalom near the south of Gaza, where every item on the trucks must be unloaded, inspected, repackaged and reloaded with a “handling fee” of $1,000, even though there are other crossings with more sophisticated security screening equipment. It is clear that Israel’s actions are aimed less at preventing arms from getting through into Gaza than intimidating and punishing the Gazan population, destroying whatever remains of the Gazan economy and forcing Gazans into exile.

Egypt, which controls Gaza’s southern border, says it can only fully open Rafah, its crossing with Gaza, under the previous arrangements requiring that the PA, not Hamas, controls the terminal. Egypt is continuing to broker talks between Hamas and Fatah, aimed at restoring Fatah to power.

War comes home to Britain

March 6, 2009

By Pilger, John | ZSpace, March 6, 2009

John Pilger’s ZSpace Page

Freedom is being lost in Britain. The land of Magna Carta is now the land of secret gagging orders, secret trials and imprisonment. The government will soon know about every phone call, every email, every text message. Police can willfully shoot to death an innocent man, lie and expect to get away with it. Whole communities now fear the state. The foreign secretary routinely covers up allegations of torture; the justice secretary routinely prevents the release of critical cabinet minutes taken when Iraq was illegally invaded. The litany is cursory; there is much more.

Indeed, there is so much more that the erosion of liberal freedoms is symptomatic of an evolved criminal state.  The haven for Russian oligarchs, together with corruption of the tax and banking systems and of once-admired public services such as the Post Office, is one side of the coin; the other is the invisible carnage of failed colonial wars. Historically, the pattern is familiar. As the colonial crimes in Algeria, Vietnam and Afghanistan blew back to their perpetrators, France, the United States and the Soviet Union, so the cancerous effects of Britain’s cynicism in Iraq and Afghanistan have come home.

The most obvious example is the bombing atrocities in London on 7 July 2005; no one in the British intelligence mandarinate doubts these were a gift of Blair.  “Terrorism” describes only the few acts of individuals and groups, not the constant, industrial violence of great powers. Suppressing this truth is left to the credible media. On 27 February, the Guardian’s Washington correspondent, Ewen MacAskill, in reporting President Obama’s statement that America was finally leaving Iraq, as if it were fact, wrote: “For Iraq, the death toll is unknown, in the tens of thousands, victims of the war, a nationalist uprising, sectarian in-fighting and jihadists attracted by the US presence.”  Thus, the Anglo-American invaders are merely a “presence” and not directly responsible for the “unknown” number of Iraqi deaths. Such contortion of intellect is impressive.

In January last year, a report by the respected Opinion Research Business (ORB) revised an earlier assessment of deaths in Iraq to 1,033,000. This followed an exhaustive, peer-reviewed study in 2006 by the world-renowned John Hopkins School of Public Health in the US, published in The Lancet, which found that 655,000 Iraqis had died as a result of the invasion. US and British officials immediately dismissed the report as “flawed” – a deliberate deception. Foreign Office papers obtained under Freedom of Information disclose a memo written by the government’s chief scientific adviser, Sir Roy Anderson, in which he praised The Lancet report, describing it as “robust and employs methods that are regarded as close to ‘best practice’ given [the conditions] in Iraq.” An adviser to the prime minister commented:  “The survey methodology used here cannot be rubbished, it is a tried and tested way of measuring mortality in conflict zones”. Speaking a few days later, a Foreign Office minister, Lord Triesman, said, “The way in which data are extrapolated from samples to a general outcome is a matter of deep concern.”

The episode exemplifies the scale and deception of this state crime. Les Roberts, co-author of the Lancet study, has since argued that Britain and America might have caused in Iraq “an episode more deadly than the Rwandan genocide”. This is not news. Neither is it a critical reference in the freedoms campaign organised by the Observer columnist Henry Porter. At a conference in London on 28 February, Lord Goldsmith, Blair’s attorney-general, who notoriously changed his mind and advised the government the invasion was legal, when it wasn’t, was a speaker for freedom. So was Timothy Garton Ash, a “liberal interventionist”. On 9 April, 2003, shortly after the slaughter had begun in Iraq, a euphoric Garton Ash wrote in the Guardian: “America has never been the Great Satan. It has sometimes been the Great Gatsby: ‘They were careless people, Tom and Daisy – they smashed up things …”. One of Britain’s jobs “is to keep reminding Tom and Daisy that they now have promises to keep”. Less frivolously, he lauded Blair for his “strong Gladstonian instincts for humanitarian intervention” and repeated the government’s propaganda about Saddam Hussein. In 2006, he wrote: “Now we face the next big test of the west after Iraq: Iran.”  (I have italicized we). This also adheres precisely to the propaganda; David Milliband has declared Iran a “threat” in preparation for possibly the next war.

Like so many of New Labour’s Tonier-than-thou squad, Henry Porter celebrated Blair as an almost mystical politician who “presents himself as a harmoniser for all the opposing interests in British life, a conciliator of class differences and tribal antipathies, synthesiser of opposing beliefs”. Porter dismissed as “demonic nonsense” all analysis of the 9/11 attacks that suggested there were specific causes: the consequences of violent actions taken by the powerful in the Middle East. Such thinking, he wrote, “exactly matches the views of Osma bin Laden … with America’s haters, that’s all there is – hatred”. This, of course, was Blair’s view.

Freedoms are being lost in Britain because of the rapid growth of the “national security state”. This form of militarism was imported from the United States by New Labour. Totalitarian in essence, it relies upon fear mongering to entrench the executive with venal legal mechanisms that progressively diminish democracy and justice. “Security” is all, as is propaganda promoting rapacious colonial wars, even as honest mistakes. Take away this propaganda, and the wars are exposed for what they are, and fear evaporates.  Take away the obeisance of many in Britain’s liberal elite to American power and you demote a profound colonial and crusader mentality that covers for epic criminals like Blair. Prosecute these criminals and change the system that breeds them and you have freedom.

www.johnpilger.com

U.S. Military Aid to Israel

March 6, 2009

By Kathleen and Bill Christison | Counterpunch, March 5, 2009

In these days of economic crisis, budget overruns, earmarks, and multi-billion dollar bailouts, when Americans are being forced to tighten their own belts, one of the most automatic earmarks—a bailout by any measure—goes to a foreign government but is little understood by most Americans.  U.S. military aid to Israel is doled out in annual increments of billions of dollars but remains virtually unchallenged while other fiscal outlays are drastically cut.

The United States and Israel signed a Memorandum of Understanding in August 2007 committing the U.S. to give Israel $30 billion in military aid over the next decade.  This is grant aid, given in cash at the start of each fiscal year.  The only stipulation imposed on Israel’s use of this cash gift is that it spend 74 per cent to purchase U.S. military goods and services.

The first grant under this agreement was made in October 2008, for FY2009, in the amount of $2.55 billion.  To bring the total 10-year amount to $30 billion, amounts in future years will gradually increase until an annual level of $3.1 billion is reached in FY2013.  This will continue through FY2018.

Israel is by far the largest recipient of U.S. foreign aid.  Since 1949, the United States has provided Israel with $101 billion in total aid, of which $53 billion has been military aid.  For the last 20-plus years, Israel has received an average of $3 billion annually in grant aid;, until now the grant has been a mix of economic and military aid.

Israel receives its aid under vastly more favorable terms than any other recipient.  Egypt, for instance, receives $2 billion a year in economic aid, but this is a loan and must be repaid.  Saudi Arabia also has U.S. military equipment in its arsenal, but it buys and pays for this equipment and is not given it, as Israel is.

Aid to Israel can be said to benefit the United States because it is spent to purchase equipment manufactured here.  But this recycling of federal monies into the arms industry is not the wisest way to spur general economic recovery.  In fact, in the midst of a financial crisis, incurring a long-term obligation of this magnitude is highly irresponsible.

When Israel attacks Palestinians, as during the recent assault on Gaza, its instruments of destruction are U.S. fighter jets and attack helicopters, U.S. missiles, U.S.-made white phosphorus, U.S.-made Caterpillar bulldozers.  All of this American-made destruction is clearly identifiable to television audiences throughout the Arab and Muslim world, where viewers receive a steady diet of news showing Palestinian civilians being killed by weapons made in the USA.  It is from this vast population, which feels kinship with Palestinians and feels itself to be under assault from the United States, that terrorists such as Osama bin Laden are able to find recruits.

The U.S. Foreign Assistance Act stipulates that no aid may be provided to a country that engages in a consistent pattern of violations of international human rights laws.  Israel has been charged by human rights organizations such as Amnesty International and Human Rights Watch with precisely such violations during the Gaza assault and in past attacks.  Israel also violates the Arms Export Control Act, which stipulates that U.S. weapons must be used only for “internal security.”

This arms package, furthermore, seriously undermines the mission of U.S. peace mediators such as former Senator George Mitchell, recently appointed by President Obama as envoy to the Middle East.  As long as Israel can rest assured that it is guaranteed an annual arms package in the billions, it will have no incentive whatsoever to heed Mitchell’s mediation efforts, to make the territorial concessions necessary to reach a peace agreement, to stop building settlements and other infrastructure in the occupied Palestinian territories, or to stop its attacks on Palestinians.

By committing itself to this arms package, the United States is undermining with one hand the very peace agreement it is trying to promote with the other hand.

These distortions of U.S. national interests must stop.

Kathleen and Bill Christison have been writing on Palestine and Israel for several years. Kathleen is the author of two books on the Palestinian situation and U.S. policy on the issue, while Bill has written numerous articles on U.S. foreign policies, mostly for CounterPunch. They have co-authored a book, forthcoming in June from Pluto Press, on the Israeli occupation and its impact on Palestinians, with over 50 of their photographs. Thirty years ago, they were analysts for the CIA. They are members of the Stop $30 Billion Coalition in Albuquerque, NM.  They can be reached at kb.christison@earthlink.net.

Attacks on evolution and the right wing’s social agenda

March 5, 2009

Science vs. ‘intelligent design’

Monday, Feb. 12, was celebrated as “Darwin Day” by schools and other institutions in the United States. Scientist Charles Darwin was born on that day 198 years ago. This article about Darwin and right-wing attacks on his theories was first published in the December 2005 issue of Socialism and Liberation magazine.

A recent court case in Pennsylvania brought the right wing’s attacks on science into the public spotlight. The case is the tip of the iceberg in a well-funded effort to promote religious ideology at the expense of scientific and rational thinking.

The Harrisburg, Pa. case involved the legality of referencing “intelligent design” in public school biology classrooms.

charlesdarwin

Charles Darwin (1809-1882), originator of the theory of evolution.

“Intelligent design” is a code phrase for the anti-scientific idea of a god creating life. The movement asserts that only an unknown designer—not evolutionary processes—can explain the development of life on earth and the biological complexity of the natural world.

The case comes from a 2004 decision by a Dover, Pa., school board requiring biology teachers to read a four-paragraph statement telling students that “gaps” existed in current evolutionary theory and that “intelligent design” was a reasonable alternative worth exploring. Eleven parents sued the school board, calling the statement a violation of the separation between church and state and a thinly veiled attempt to reintroduce a faith-based concept of “God” into the natural sciences.

Attorneys presented final arguments for the case on Nov. 5.

A brief exposition of the political forces and “scientific” premises behind the intelligent design movement shows that the parents’ accusations are correct. The Harrisburg trial has not received national attention because of Dover’s renegade school board, all of whose members were voted out on Nov. 8. At the root of the trial and the entire intelligent design “controversy” is a far-reaching, right-wing attack on the fundamental methods and premises of modern science.

It is an attempt to roll back more than a century of scientific thinking and progress with implications that go far beyond biological theories.

Science and evolution

The main issue in the Harrisburg case was whether intelligent design represents religion or science. In common definitions, a theory is accepted as scientific when it is consistent, testable, correctable, progressive (meaning it builds off of previous discoveries) and based on controlled, repeated experiments.

Every high school science class learns about the scientific method, which is the cornerstone of every scientific theory. This method begins with observations of natural phenomena. Then reasoning is used to generalize from the observations to make theoretical models capable of making predictions about future observations. These predictions are then tested in experiments and results are collected. Once the results can be reproduced consistently, the hypothesis becomes a theory.

Science attempts to arrange observations of the natural world into rational laws that allow us to understand that world more completely without resorting to forces outside of nature itself.

This is an important feature of evolutionary theory. In 1859, Charles Darwin published “The Origin of Species,” which elaborated the theory of evolution by natural selection. That theory says that over time, biological populations change according to the capacity of certain individual organisms to adapt to their environment. Darwin explained this adaptation as a result of the chance variations of the organism’s individual traits.

The organisms that survive are able to reproduce. As the changes accumulate over generations, new species arise—those that are best able to adapt to their natural environment. The conditions of the natural world—not humans or any god—determine which species survive.

One aspect of Darwin’s theory is “common descent,” which means that all living things come from a common gene pool or ancestor. Over billions of years, this common pool has split into various families and species.

One can see evidence of common descent in the traits shared by all living organisms. In Darwin’s time, he was only able to make this argument with visible observations, comparing the anatomy of various species. For instance, even birds that do not fly have wings—suggesting that birds come from a common ancestor.

Darwin’s theory was incomplete, lacking an explanation of how certain traits were inherited or the source of variations among individual organisms. In the 1930s, however, scientists used their knowledge of genetics to update and improve evolutionary theory. The discovery of DNA was a stunning confirmation of evolution and common descent. Every living thing has nucleic acid as its genetic material with the same 20 amino acids as the building blocks for proteins.

The explanation for variations was given when scientists discovered that a whole variety of genetic mutations regularly occur in cell division and other biological processes.

Far from being an unchanging belief system, evolutionary theory has been tested against biological and archeological facts, revised and improved time and again.

The ‘god of gaps’

Does intelligent design hold up to these same scientific standards? The National Academy of Sciences regards evolutionary theory as the bedrock of modern biology. It recommended that intelligent design “and other claims of supernatural intervention in the origin of life” not be treated as science. (“Science and Creationism,” 2nd ed., 1999)

Although intelligent design advocates have different names for their arguments—”irreducible complexity,” “specified complexity,” and the “fine-tuned universe”—they all can be reduced to the same premise: since organisms are so complex, and so “perfectly put together” in ways that evolution cannot fully explain, someone or some thing must have designed them.

Evolution is a general theory that provides a framework for explaining the development of different species. How each individual species and mutation arises and fits into the evolutionary framework is an active area of scientific work.

Intelligent design advocates seize on phenomena that have not yet been explained by evolutionary theory as evidence for the work of a godlike being. According to them, every unexplained detail—for instance, a genetic variation that happened millions of years ago—can only be explained by some divine or supernatural intervention.

For this reason, critics have called intelligent design the “god of gaps,” whereby its advocates use “God putty” to fill in every perceived crevice in accepted theories. This is not science. Instead of making conclusions based on what is observed, it makes conclusions based on what cannot be observed. It cannot be tested or corrected.

It is also bad logic. Why begin with the assumption that complexity requires conscious design and cannot develop according to its own internal laws? Why can there not be just some things we have not figured out yet? And if every complex thing must have a designer, who designed this intelligent designer?

In short, intelligent design requires faith. It breaks down once it is subjected to any serious scientific interrogation. It should be no surprise, then, that intelligent design advocates do not put their articles up for peer review. They keep their advocacy campaigns on the editorial and opinion pages.

The forces at play

Although the spokespeople for the intelligent design movement include a few scientists, it is above all a political and

womenevolution

Women in Boston face off against religious anti-woman bigots. Anti-evolution forces promote reactionary social ideology.
Photo: Marilyn Humphries

religious movement. Scientists have called it “creationism in a lab-coat.”

Since 1990, the Discovery Institute, a right-wing think tank, has championed intelligent design. It gives lucrative scholarships to individual scientists willing to give a cover of legitimacy to their anti-science schemes. Far from any aspirations to improve science, their own documents reveal an intention to use intelligent design to “reverse the stifling dominance of the materialist worldview … and replace it with a science consonant with Christian and theistic convictions.” (Knight Ridder News Service, Oct. 16, 2005)

Their widely publicized strategy is called the “wedge strategy,” which aims not to take evolutionary theory head-on in the field of science (where they admit they will lose), but to simply “teach the controversy.” In other words, by appealing to “critical thought” and “free discussion,” they hope to win policy-makers and the general public over to the idea of presenting evolution as one of a variety of explanations for the development of life.

The creators of the deceitful “wedge strategy” consciously avoid Biblical references and have tried to avoid any lawsuits that would put the legal system officially on record against intelligent design. In the 1980s, a school of “creation science” emerged, which attempted to have the flood of Noah’s Ark taught as a viable explanation for the world’s present geological makeup. When geologists universally rejected the view, the courts barred the teaching of the creation pseudo-science, and set the right-wing movement back.

Learning from the experiences of their predecessors, the stated goal of the Discovery Institute’s sub-division, the Center for Science and Culture, is to have “design theory permeate our religious, cultural, moral and political life” by 2018. According to a document released by a member of Kansas Citizens for Science at a June 2001 conference, the Center’s five-year objectives include: “One hundred scientific, academic and technical articles by [Discovery Institute] fellows,” “significant coverage [of intelligent design] in national media,” and “ten states … [rectify] ideological imbalance in their science curricula.”

The right wing on the move

So far, thanks to heavy funding and right-wing political support, the Discovery Institute has been effective. By simply putting intelligent design on the map and stirring up a controversy—which does not exist in the science community—the movement has gained wide exposure.

Appealing to the continued lack of scientific background among the U.S. public, the movement has won new supporters. Meanwhile, many Republican leaders, including President Bush, have endorsed intelligent design. (Associated Press, Aug. 2, 2005)

The rightists are not devoting so much time and energy to the intelligent design campaign for academic reasons, much less the interest of truth or science. They are aiming to strengthen the ideological position of Christian fundamentalism, an essential tool in providing the billionaires and generals with a semblance of a mass base.

It is part of the effort to roll back women’s reproductive rights. It is part of the effort to prevent the lesbian, gay, bisexual and transgender communities from winning any basic democratic rights. It is part of the effort to demonize the Arab and Muslim people to gain support for U.S. imperialism’s military adventures in the Middle East.

Karl Marx dedicated his economic masterpiece, “Capital,” to Charles Darwin. That was not because Darwin was a communist or a political activist. Instead, Darwin’s theory provided a materialist analysis of the development of the natural world, devoid of superstition or religious prejudice. Just as Darwin discovered that species developed according to their struggles and interactions with the world around them, Marx applied a similar scientific method to the development of human societies. What Darwin did for natural sciences, Marx did for social sciences.

Socialists protect the tradition of materialist thought, which uses scientific examination and not some supernatural force to explain how the world works.

SUDAN: Rights Groups Applaud Bashir War Crimes Warrant

March 5, 2009

By Nigar Hacizade | Inter Press Service


UNITED NATIONS, Mar 4 (IPS) – Sudanese President Omar Al-Bashir, the first head of state to be indicted by the Hague-based International Criminal Court, now faces an arrest warrant issued Wednesday by the ICC’s Pre-Trial Chamber on charges of crimes against humanity and war crimes in Darfur.

The decision was hailed by human rights organisations that had long anticipated the court’s move. Richard Dicker, director of the International Justice Programme at Human Rights Watch, called the decision “a momentous occasion first and foremost for the people of Darfur, but also for ICC and the cause of justice and ending impunity for the most serious crimes in law.”

Right after the decision was announced, thousands of pro-government protestors took to the streets of Khartoum, to hear President Bashir reaffirm his defiance in the face of the charges. Bashir has repeatedly said that his country does not recognise the ICC and the decision is “not worth the ink it is printed on.”

Sudan’s ambassador to the U.N., Abdalmahmood Abdalhaleem Mohamad, said in a press briefing following the decision, “Today is a day of national outrage, of national anger. We strongly condemn this verdict; the ICC does not exist for us. We are not bounded by its decision and we are not going to cooperate with it.”

He reiterated Khartoum’s position that the court is a tool of Western aspirations of hegemony and imperialism.

The decision came amid substantial opposition not only from the Sudanese government, but also the African Union and the League of Arab States, as well as China, a close ally of Sudan and a permanent member of the Security Council. Critics have argued that the decision might damage the fragile peace process in the region and lead to an escalation of violence.

But human rights organisations respond that giving up justice for peace is not a credible or sustainable move.

“There is no real peace process to speak of,” Dicker told IPS on Monday. “Neither side is showing will to end the conflict.”

Regarding the escalation of violence, Dicker said “given the track record of the Sudanese government in crimes on its people in the last six years, I wouldn’t rule anything out in terms of retaliation.”

Analysts have suggested that inflicting more violence will isolate Bashir and his government further, eventually leading to his fall from power and arrest, much like Slobodan Milosevic.

Concerns exist regarding the U.N. personnel on the ground in Darfur. Alan Le Roy, the under-secretary-general of U.N. Peacekeeping Forces, said in a press briefing on Tuesday that while there is a contingency plan for the hybrid U.N.-African Union force known as UNAMID, there are no plans to either move or scale down the mission and UNAMID will continue its normal operations as scheduled.

Le Roy noted that “we are deeply concerned with the tensions on the Sudan-Chad border,” but “we have to fulfill our mandate, which is to protect 14,000 IDPs (internally displaced persons) near our camp.”

The spokesperson for U.N. Secretary-General Ban Ki-moon confirmed Wednesday that the mission has been rigorously patrolling the area as normal and is so far unaffected by the ICC’s announcement.

The U.N. Security Council, through Resolution 1953, referred the case of Darfur to the ICC in March 2005. While Sudan is not a party to the Rome Statute, the legal mandate of the ICC, Article 13 of the Statute allows the Security Council to refer cases to the court.

Luis Moreno Ocampo, the ICC’s prosecutor, opened the case in June 2005, and requested an arrest warrant for President Bashir in July 2008. Arrest warrants have also been issued for Ahmad Mohammad Harun, minister of state for humanitarian affairs of Sudan, and Ali Muhammad Ali Abd-Al-Rahman, alleged leader of the Janjaweed militia accused of carrying out atrocities in Darfur.

Last November, Ocampo requested arrest warrants for attackers on the UNAMID forces.

A press release issued by the court following the decision said that “according to the Judges, the crimes were allegedly committed during a five year counter-insurgency campaign by the Government of Sudan against the Sudanese Liberation Movement/Army (SLM/A), the Justice and Equality Movement (JEM) and other armed groups opposing the Government of Sudan in Darfur.”

The conflict has resulted in 300,000 dead and 2.7 million displaced, according to U.N. estimates. The Sudanese government maintains that the conflict has been exaggerated and the numbers inflated.

The ICC is a permanent independent judicial body created by the international community in 1998 with the aim of persecuting the gravest crimes such as genocide, crimes against humanity and war crimes.

While the indictment and warrant was widely anticipated by various human rights groups, Bashir was not charged with genocide due to lack of “reasonable grounds.”

There are allegations that the court has been pursing “white justice” and is only interested in persecuting Africans. Asked about the perceived double standards of justice, Niemat Ahmadi, a longtime women’s rights activist and the Darfuri liaison officer with the Save Darfur Coalition, noted that “African leaders have failed in their own responsibility to African people” and that there would be no need for an international court if Sudan had the adequate legal mechanisms.

The other three cases currently before the court are of the Democratic Republic of Congo, Central African Republic and Uganda. All cases have been referred to the court by the respective countries, and those indicted so far have been fallen warlords or government opponents.

The wars in Iraq and Afghanistan, as well as the situation in Palestine aggravated by Israel’s assault on Gaza in late December and January, have led many, including the Sudanese government, journalists and ordinary Sudanese people to question whether the court is capable of indicting Western leaders.

In response to these allegations, Dicker explained that the court is very new and operates on an uneven playing field. While he acknowledged that “American or European leaders are less likely to be charged in this court,” but added that “it is counterproductive to say there can be no justice because we cannot have justice for all.”

The United States, despite its unwillingness to join the ICC and previous efforts to undermine the court, has been instrumental in referring the case of Darfur to the court through the Security Council.

During the George W. Bush administration, an independent investigation concluded that genocide was taking place in Darfur. Britain and France have also supported the indictment.

The Libyan ambassador to the U.N., who is chairing the Security Council for March, said on Tuesday that he is carrying out bilateral consultations with the other Security Council countries to defer the case based on Article 16 of the Rome Statute.

The Israel Lobby’s Power Comes from The American Ruling Class

March 4, 2009
by John Spritzler | newdemocracyworld.org, March 4, 2009

Among those who, like myself, oppose Israel’s ethnic cleansing of Palestinians, there is an important debate about a fundamental question. The debate is about how to explain the fact that the American government supports Israel virtually unconditionally with more economic, military and diplomatic aid than it gives to any other country.

One commonly believed explanation is that the “Israel Lobby”–consisting of organizations like AIPAC and a host of other pro-Israel Jewish organizations in the United States–has hijacked U.S. foreign policy by using its wealth and control of the mass media to buy or intimidate Congressmen. According to this view, the American government’s pro-Israel foreign policy is harmful to the interests of the non-Jewish American corporate upper class, and were it not for the power of the Israel Lobby American foreign policy, reflecting as it does the interests of the American upper class, would not be as pro-Israel as it is today.

I call this the “The Lobby Makes Them Do It” view. I think it is just plain factually wrong. The alternative view that I hold is that the Israel Lobby’s power comes from the (mostly non-Jewish) American ruling class.

The leading advocate of the “The Lobby Makes Them Do It” view is James Petras. Petras asserts that the Israel Lobby prevailed over America’s Big Oil elite to get the U.S. to invade Iraq for the benefit of Israel:

“The principal governmental architects of the war, the intellectual promoters of the war, their publicly enunciated published strategies for the war were all deeply attached to the Israel lobby and worked for the Israeli state. Wolfowitz, number 2 in the Pentagon, Douglas Feith, number 3 in the Pentagon, Richard Perle, head of the Defense Board, Elliot Abrams in charge of Middle East affairs for the National Security Council, and dozens of other key operatives in the government and ideologues in the mass media were life-long fanatical activists in favor of Israel, some of whom had lost security clearances in previous administrations for handing over documents to the Israeli government…

“In fact the US-Middle East wars prejudice the oil interests in several strategic senses. The wars generate generalized hostility to oil companies with long-term relations with Arab countries. The wars result in undermining new contracts opening in Arab countries for US oil investments. US oil companies have been much friendlier to peacefully resolving conflicts than Israel and especially its Lobbyists as any reading of the specialized oil industry journals and spokespeople emphasize. “

Just on the facts, Petras is wrong. Far from opposing the Israel Lobby, Big Oil uses that lobby. As Juan Cole writes:

“Neoconservative Jews in the US like Richard Perle, Frederick Kagan and Michael Rubin at the American Enterprise Institute who vocally support the Iraq War (and have gotten rich off it) are a minority of a minority, and even are at odds with the Israeli security establishment! Moreover, the American Enterprise Institute, which crafted the Iraq War, gets funding from Exxon Mobil, and last I checked it was run by white Protestants. The vice chair of AEI is Lee Raymond, former CEO of Exxon Mobil and surely Dick Cheney’s old golf partner in the Dallas years. That is, the Kagans and the Rubins, who identify with the Revisionist Zionist movement on the Israeli Right, are useful idiots for Big Oil, not movers and shakers in their own right.”

The American corporate upper class, the American ruling class, is pro-Israel because they (or at least their sophisticated advisors, like Henry Kissinger, Condoleeza Rice, General James Jones, etc.) know that Israeli ethnic cleansing of Palestinians performs a strategically crucial service for the American ruling class. The ethnic cleansing polarizes the Middle East along non-class lines, fomenting an ethnic war pitting Jews against non-Jews. The American ruling class uses this ethnic war to strengthen its domestic control over ordinary Americans, and to strengthen the control of Middle Eastern ruling elites (kings, mullahs, dictators) over ordinary people in their respective nations. These are the most important strategic objectives of the American ruling class: social control to prevent the spread of pro-democratic, pro-working class, pro-solidarity movements from overthrowing elite rule anywhere in the world.

Regarding domestic control of the American population, the key strategy of elite social control has for many decades been to rely on Orwellian wars of social control. The particular “foreign enemy” has changed over time, from Teddy Roosevelt’s Spain to Woodrow Wilson’s “Huns” to FDR’s Fascists to Truman’s Communists to Bush’s and Obama’s Terrorists. By ensuring that the American mass media refrain from telling Americans the true reason (Israel’s ethnic cleansing) why Palestinians and Arabs and Muslims take up arms against Israel, the American ruling class ensures that Americans will believe the lie that Palestinians/Arabs/Muslims are hateful, irrational, anti-semitic terrorists who kill decent Israelis “just like us” and would likewise kill Americans if we fail to obey our upper class rulers who protect us from terrorism.

Similarly, the oil-rich Middle East ruling classes, in countries like Saudi Arabia and Iran, use their people’s anger at Israel to strengthen their power over them, as I discuss in some detail in
How Israel Helps Saudi Arabia’s Rulers Control their Working Class and How Israel Helps the Islamic Republic of Iran Control the Iranian Working Class. James Petras is naive to think that Big Oil’s interests are prejudiced by the pro-Israel U.S. foreign policy. If the Saudi royal family, for example, were really opposed to U.S. support for Israel, then it would use its vast wealth to support pro-Palestinian forces inside the United States, to counter the Israel Lobby; but it doesn’t.

By the same token, if any members of the American mostly non-Jewish ruling class, with billions of dollars to throw around (Buffet gave away $40 billion alone!), wanted to tell Americans the truth about Zionism (the movement to create and protect a Jewish state), they could do so. They could tell Americans how Zionism is all about ethnic cleansing, how Albert Einstein (whom the Israeli government asked to be the President of Israel, and declined) always opposed the Jewish state idea because it was morally wrong, and how the Zionists betrayed European Jews during World War II by opposing rescue efforts (so there would be more dead Jews to give them greater standing at the post-war negotiations over who would “get” Palestine)–they could do so; but they don’t. If they did, they could turn the American public against Zionism and against the Israel Lobby as quickly as they turn it against a politician soliciting sex in a toilet stall.

So why don’t they do it? It is not because Zionists control the mass media. Sure, pro-Zionists do control the mass media, but billionaires could create their own anti-Zionist media if they wanted to. After all, Rupert Murdoch owns a large enough media network to do the job and at the time of his divorce in 1998 his personal fortune was only 3.3 billion pounds (less than $5 billion I imagine.) The American ruling class chooses not to oppose the Israel Lobby because they have no reason to. The Israel Lobby is an instrument (“useful idiots” as Juan Cole puts it) of the American ruling class. The Lobby spreads the lies that the pro-Israel foreign policy requires, and it keeps politicians in line who might otherwise stray from the path. The Lobby is powerful because it does the bidding of the powerful.

Very different organizing strategies against Zionism are appropriate, depending on whether one agrees with “The Lobby Makes Them Do It” view of James Petras or the view I advocate. If Petras is correct, then the natural strategy to turn U.S. foreign policy around would be to side with the likes of Big Oil against the Israel Lobby. But since Big Oil and the Israel Lobby are in fact on the same team, this is a ridiculous strategy. Instead, the strategy that makes sense is to mobilize the general public against the American ruling class around not only opposition to Israeli ethnic cleansing but also opposition to the entire anti-democratic, anti-equality agenda of the ruling class. This is a revolutionary pro-working class strategy, and only it can win.

Other articles about Palestine/Israel by John Spritzler

John Spritzler is the author of The People As Enemy: The Leaders’ Hidden Agenda In World War II, and a Research Scientist at the Harvard School of Public Health.

Prosecuting the Bush Team?

March 4, 2009

Robert Pallitto | Foreign Policy In Focus, March 2, 2009

In the months following September 11, 2001, lawyers in the White House and the Justice Department interpreted U.S. and international law to provide legal support for the administration in its “war on terror.” With regard to interrogation of terror suspects, John Yoo, David Addington, Jay Bybee, and others justified the use of such harsh and dangerous tactics as waterboarding and stress positions. In a 2002 memo, they advised that only actions causing severe pain equivalent to “organ failure” would violate the U.S. torture law. Moreover, the memo stated that only if they acted with the specific intention to cause such pain — rather than acting with the primary goal of obtaining information — would the interrogators violate the law. Finally, the memo argued that these interrogations were rooted in an inherent executive power to protect the nation. As such, other branches of government could not review or limit such policies.

The architects of the Bush administration’s torture policy clearly wanted to facilitate the use of torture tactics and to insulate themselves from future civil and criminal liability. In the words of legal scholar Jeremy Waldron, they were using the U.S. legal definition of torture as “something to game, a determinate envelope to push.”

A new administration is already taking steps to reverse Bush policies on torture and detention. Will it go the next step and pursue criminal prosecutions of Bush legal advisors?

The Nuremberg Precedent

Scott Horton has suggested that the Reich Justice Ministry cases, which were tried at Nuremberg after World War II, furnish precedent for trying Addington, Yoo, and others. The Reich Ministry cases involved prosecution of judicial officials who crafted policies and justifications for detention and killing of Jews, Roma, and other groups targeted by the Nazi regime. Also included in these prosecutions were judges who subverted the legal process by allowing high-ranking executive branch officials to direct the judges to reach certain results. Horton notes that the rulings in these cases established “a particularly perilous standard of liability for government attorneys who adopt a dismissive attitude towards international humanitarian law.”

To be sure, Bush’s legal advisors were, to say the least, “dismissive” toward international humanitarian law. To take one example, White House Counsel Alberto Gonzales called the Geneva Conventions “quaint” and “obsolete.” This attitude wasn’t limited to international law. The Bybee memo cited a federal health care statute to define the term “severe pain” as that term is used in the torture law. Of course, it makes no sense to use a statute concerning payment for medical treatment to authorize inflicting pain on a person. This definitional stretch, which would be laughable in a less serious context, is an indication of the unrestrained determination to find and use anything, no matter how inapposite or farfetched, to take the administration where it wanted to go with its torture policies. Federal court rules allow judges to sanction attorneys for making frivolous arguments. Such a “severe pain” argument should be subject to similar sanction.

The Bush advisors were wrong on the law when they suggested that executive torture policies were unreviewable, and they were wrong in their interpretation of the U.S. criminal law prohibiting torture (they admitted as much when they repudiated the 2002 torture memo two years later). In Hamdan v. Rumsfeld (2006), the U.S. Supreme Court specifically rejected the claim that prisoner treatment need not comply with the Geneva Conventions. On this issue, the Bush team clearly misinterpreted the law and then broke it. But how do we address the damage done to our democratic and constitutional values, to our standing in the world? Should criminal prosecutions be part of that effort, brought either in U.S. federal court or in an international tribunal?

Criminal Prosecutions

U.S. law specifically prohibits torture. It’s a federal crime to commit torture, and the Bush advisors sought to interpret that law in a way that would permit such practices as waterboarding. The advisors’ actions could be considered a conspiracy to violate the torture law. They themselves didn’t engage in prohibited acts of torture, but they made it easier for others to do so.

The problem here is that the actions involved were themselves interpretations of law: State officials were making arguments about what the law meant and suggesting that it should be read narrowly. Horton suggests that lawyers aren’t permitted, in such a case, to “get it wrong” and then be excused for doing so. In the Reich Justice Ministry cases, the judicial officials made decisions and created policies that were later found to be illegal, and many of those officials were convicted of war crimes at Nuremburg. The important difference, however, is that the Reich Justice Ministry officials were complicit in a criminal regime. The structural rules of the government were illegitimate, created by a chief executive (Hitler) to preserve and increase his own power.

In the U.S. case, the structuring rules of government were not illegal. The legislature and the courts continued to function according to the constitution, even though the president tried to shield his actions and those of his administration from review. In several instances — authorizing military action against Iraq, detainee treatment, denial of court review to detainees, immunity for warrantless wiretapping — Congress approved presidential actions, thus making it harder to argue that the government wasn’t operating according to valid law. In fact, Congress even voted to confirm Jay Bybee to the U.S. Court of Appeals for the Ninth Circuit after he left the Bush administration. In short, the government’s actions were illegitimate but the government itself was, unlike that of Nazi Germany, legitimate.

The case for a violation of international law might seem clearer, in a sense. Instead of defining a particular law narrowly as they did with U.S. torture statute, the Bush advisors said that a particular body of international law (the Geneva Conventions) did not apply at all. In other words, with regard to international law, the advisors denied the applicability and constraining force of a law altogether. Moreover, the Supreme Court expressly denied this administration claim in Hamdan. Again, however, the problem here concerns the provision of legal duties or advice as a crime, and specifically with the “fit” of the Nuremburg precedent. The court there held state officials liable for formulating policies and rendering decisions that assisted in a genocidal project and gave obeisance to a plan of government under which, according to the court opinion in the Justice Ministry cases, “Hitler did, in fact, exercise the right assumed by him to act as Supreme Judge, and in that capacity in many instances he controlled the decision of the individual criminal cases.” The court reasoned that this construction of German law left Nazi officials susceptible to prosecution under international law. In the U.S. case, however, the wrongdoing that occurred was done against the background of a political and legal order whose legitimacy wasn’t in doubt. The tripartite federal governmental system specified by the constitution operated throughout the period in question, and this fact distinguishes the two situations. This isn’t to excuse or to diminish what occurred between 2001 and 2008 in the United States. But the Nuremberg case doesn’t furnish an apt precedent for prosecution of the authors of the Bush torture policies.

Political Obstacles

In addition to the legal obstacles to prosecuting the architects of Bush’s torture policies, there are significant political obstacles as well. The United States refused to recognize the jurisdiction of the International Criminal Court during the Bush years; Bush revoked the signatory status. Obama has indicated an interest in resigning the ICC agreement, but would he then deliver members of the previous administration to that court for prosecution? The likely partisan political tension and fallout from any prosecution, domestic or international, would create a disincentive for prosecution, especially for a pragmatic, centrist president. To be sure, nothing in Obama’s executive orders thus far suggests that he intends to review past actions of the previous administration for possible criminal sanctions. The executive order relating to torture is written with a prospective focus, declaring that from Inauguration Day forward the torture policies of the Bush administration will no longer be followed, and that the standards the rest of the world adheres to, including the Geneva Conventions, will govern interrogation of terror suspects. While this statement is a welcome return to the rule of law, it leaves the past actions of Bush’s advisors unaddressed.

On February 10, the Obama administration surprised some observers by indicating in court that it would adopt the past administration’s posture in a torture-related case. Jeppesen Dataplan v. Mohamed is a suit against the flight planning company that allegedly facilitated the rendition of a terror suspect to a secret torture location. The Bush administration intervened and convinced the trial court to dismiss the suit, claiming that the case involved state secrets and would threaten national security if it were allowed to proceed. At oral argument in the Ninth Circuit, Attorney General Holder argued that the dismissal should be affirmed, rather than reversing the course set previously by the Bush Justice Department. The state secrets privilege is a court-created doctrine that allows the executive branch to terminate litigation simply by claiming that a particular dispute involves national security matters. Critics of excessive executive power hoped that the new administration would at least modify the scope of the privilege, but that hasn’t happened yet.

Future of Prosecution

Hannah Arendt explored the problem of state crimes in her famous report on the 1961 trial of Adolf Eichmann in Jerusalem. Acting according to German law, Eichmann oversaw the transport of Jews and others to concentration camps as part of his administrative position in the German government. Thus, his official responsibility in the time period of the “final solution” was to facilitate genocide. Arendt points out that Eichmann’s trial presented certain novel legal problems: He was a bureaucrat in a criminal regime, following orders to commit monstrous evil. In view of the Nazis’ genocidal project, Eichmann’s conviction and execution was a foregone conclusion, but the problem of prosecuting state-administered torture and killing remains half a century later. Today, with the issue of criminal conduct by members of the Bush administration, Arendt’s question presents itself somewhat differently. Yoo, Addington, Bybee, and others sought to maneuver around legal and political obstacles within a regime outwardly functioning under rule of law. It was they who provided the chief executive with advice and arguments for the policies he wished to implement.

In view of the problems indicated here, it is unlikely that a criminal prosecution of the Bush advisors for their role in propagating torture will occur. This isn’t to say, by any means, that their behavior was lawful. Rather, it’s a recognition of the realities of the situation, both political and legal. Also, the officials themselves worked to shield themselves from liability, helping to create some of the obstacles facing the nation now as we attempt to reckon with the lawlessness of the past administration.

Certainly, the lessons of the past eight years provide a good reason to resign the ICC agreement. Also, the ethics investigations currently pending against individual officials are important, appropriate, and laudable. While they will yield less in the way of punishment, they also face none of the roadblocks indicated above. These roadblocks only underscore the final, painful lesson: Failure to stand up to an overreaching executive branch compounds the damage that branch can inflict on our system of government by making it more difficult ultimately to hold executive officials accountable.

Robert Pallitto is an assistant professor of political science at Seton Hall University, a former trial attorney, and a contributor to Foreign Policy In Focus. He is co-author, with William Weaver, of Presidential Secrecy and the Law (Johns Hopkins University Press, 2007), and he is currently working on a book about torture in U.S. history.

Hillary Clinton reprises “peace process” fraud

March 3, 2009
Bill Van Auken | WSWS, March 3, 2009
In her  first trip to the Middle East as President Barack Obama’s secretary of state, Hillary Clinton insisted that the new US administration is determined to press for a “two-state solution to the Israeli-Palestinian conflict.”

Decades of US and Israeli policies, however, have made it abundantly clear that the two-state solution will neither resolve the democratic and social aspirations of the Palestinian people nor secure an end to the ceaseless militarism of the Israeli state, which in the end poses a mortal threat to Jewish working people in Israel itself.

Clinton made her pitch for the revival of the decades-old and deeply discredited “peace process” in the context of an international donors’ conference called in the Egyptian resort of Sharm el-Sheikh to raise money for the rebuilding of the devastated Gaza Strip.

At the end of the 23-day Israeli onslaught against Gaza, over 1,300 Palestinians had been killed, many thousands more wounded and half a million driven from their homes. It remains a humanitarian catastrophe, with tens of thousands still homeless, sleeping in tents in the cold, inadequate food supplies and the threat of disease posed by the destruction of water and sewage infrastructure. Meanwhile, Israel continues to exercise a tight blockade at Gaza crossings, preventing access to essential supplies.

In her public statements, Clinton managed, incredibly, to make no mention of this destruction wrought by the Israeli military, referring only once to an abstract “crisis in Gaza.” At the same time, however, she repeatedly condemned rocket attacks from Gaza, demanding that they stop. Needless to say, the American secretary of state made no such demand upon Israel to halt its continuing military actions against Gaza.

On the eve of Clinton’s Middle East trip, which is taking her to Jerusalem and Ramallah as well, Washington announced that it is boycotting a United Nations-sponsored conference against racism. It refused to participate because a draft document for the conference described Israel’s policy towards Palestinians in Gaza and the West Bank as a “violation of international human rights, a crime against humanity and a contemporary form of apartheid.”

Washington’s problem is that, while posturing as the champion of peace, it has been-and under Obama remains-an indispensible partner in these crimes. The weapons used to slaughter men, women and children in Gaza were made in the USA.

The amount of money that the US pledged at Sharm el-Sheikh for reconstruction in Gaza-$300 million-is a pittance compared to the money lavished on Israel for the arms used to carry out the destruction in the first place. Since 2002 Washington has given the Israeli state $21 billion in military aid, while signing a 10-year agreement last year to provide it $30 billion.

The Obama administration will continue this aid. As Clinton’s performance in Egypt made clear, the Washington-orchestrated “peace process” will consist, as in the past, of US negotiators pressuring the Palestinians to bow to Israel’s demands.

As Clinton put it in Sharm el-Sheikh, this process demands that the Palestinians “break the cycle of rejection and resistance”; in other words, that they acquiesce and submit.

This modus operandi of US Middle East diplomacy has persisted over the course of more than a decade and a half under Democratic and Republican administrations alike, from Yassir Arafat’s appearance in the White House Rose Garden with Ms. Clinton’s husband and Israeli Prime Minister Yitzhak Rabin in 1993, to subsequent conferences at Wye River in 1998, Camp David in 2000 and Annapolis in 2007.

It has produced a situation in which the so-called “two-state solution” is today manifestly unviable.

The Palestinian state advocated by the Clinton administration and subsequently by that of George W. Bush, has taken the form of a grotesque farce in the form of the Palestinian Authority of President Mahmoud Abbas, which has become synonymous with corruption and impotence. Its mandate is restricted to scattered Palestinian towns in the West Bank, cut off from each other by Israeli settlements and militarized zones. It is cut off entirely from the Gaza Strip, the Israeli-blockaded territory governed by the Islamist Hamas movement.

US policy towards the Palestinians has essentially been an attempt to build up Abbas’s regime and its security forces as a surrogate force for American and Israeli interests in the region and to use it to suppress Hamas. This was reiterated at Monday’s donors’ conference in which Clinton and other US officials insisted on iron-clad guarantees that not a cent of US funding would go to the Hamas administration in Gaza, a stipulation that will obviously impede reconstruction.

In a report prepared in conjunction with Clinton’s trip, the Israeli Peace Now movement revealed that the Israeli government has drawn up plans to build at least 70,000 new housing units for Jewish settlers in the West Bank, potentially doubling the settler population in the occupied territory. This population is already four times what it was a decade ago, and its continuous expansion-together with accompanying Israeli military forces and security road networks-has taken up fully 40 percent of the land on the West Bank.

Any Palestinian state would be physically and economically completely dependent on Israel, and through it the United States. The Palestinian Authority, built up by the United States, would be tasked with policing the the Palestinian population and suppressing popular opposition.

The policy being promoted by Clinton is in fundamental continuity with that pursued by the Bush administration for the last eight years. Its objective is not “peace” in the Middle East, but rather the promotion of American hegemony over the region and its vast oil reserves.

A genuine settlement of the 60-year-old Israeli-Palestinian conflict can be found neither under the auspices of US imperialism nor through the division of the territory into religious and ethnic-based statelets. It requires the unification of Arab and Jewish working people on a secular, socialist and internationalist perspective in a common struggle against Zionism, imperialism and the ruling elites of the Arab countries for a socialist federation of the Middle East.