Jan Egeland, Mariano Aguirre| openDemocracy, June 17, 2009
The degrading treatment meted out to prisoners of the United States-led “war on terror” over seven years has yet to be subject to proper legal scrutiny and accountability. But the responsibility is Europe’s too, say Jan Egeland & Mariano Aguirre.
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In the very heart of the western world, Europe’s major ally has tortured prisoners to death – in an operation that we Europeans too were involved in. The fourteen “techniques” authorised by the George W Bush administration include semi-drowning (“waterboarding’), confinement in cramped and dark boxes, psychological torture and deprivation of sleep for up to eleven days and nights (see Mark Danner, US Torture: Voices from the Black Sites” [New York Review of Books, 9 April & 30 April 2009]).
An undefined number of prisoners have died or committed suicide as a result of mistreatment in interrogation chambers run by the United States and its allies (the last one was a Yemeni in Guantánamo). It may be recalled that Japanese military jailors who employed these techniques during the second world war were adjudged war criminals by the US’s own military-legal experts.
This, to emphasise the point, is not about the despicable actions of some far-away dictator, nor the atrocities committed by Nazis and communists in Europe in the years of totalitarianism and genocide. No, these acts were part of a larger operation involving our own western, liberal democracies. Europeans were there – with troops, intelligence, logistics and funding – taking part in the “war on terror” that formed the backdrop to these war crimes. After the US secret services had been authorised to mistreat prisoners held in American custody, the CIA was allowed to undertake its “extraordinary renditions”: more than 1,000 flights, often with unnamed prisoners (“unlawful combatants”) in a wide arc across European airspace – from Norway to Romania. Several countries (including Jordan and, again, Romania) granted permission for these prisoners to be interrogated and mistreated in local, US-administered prison camps.
In 2007, a majority of elected representative in the European parliament accused the governments of Europe of having concealed the details of what had happened in these cases. In fact, several countries did more than clandestinely transport and keep prisoners; they also delivered some of their own prisoners into the hands of the CIA. The transfer by the Swedish police in December 2001 of two Egyptian nationals, Ahmed Agiza and Mohammed El Zary – who later vanished into Egypt’s prison-camp system where torture flourishes – is but one example. Reports from both the European parliament and the Council of Europe have found that Europeans have accepted the perpetration of severe abuses in our own backyards that we were and are quick to condemn anywhere else.
When defenceless prisoners – some of them hardcore terrorists, others quite innocent men – were being beaten and humiliated by United States soldiers at Bagram air- base in Kabul, Europeans were close by: every day, our military and civilian forces in Afghanistan would drive past.
When the inner circles around President Bush were planning the torture – how to legitimise, explain and implement it in a network of prisons (some secret, others not) in Europe, the middle east and elsewhere – Europeans remained silent and loyal contributors to the “war against terror” in Afghanistan.
When clever American legal experts were arguing that the principles of international humanitarian law – the Geneva conventions, United Nations conventions, and of habeas corpus –were not applicable in this case of “our battle” against “our enemies”, Europe’s own parliamentarians and NGOS were urging international legal action against some leaders in the global south on the grounds that they had broken the very same principles.
The dark side
How could it be that these years of torture could unfold under Europeans’ very noses, in flagrant contradiction of our national constitutions, our penal codes, our international legal commitments – all without hearings being organised and investigative commissions appointed? Where were our legal experts, our auditors and our journalists? And where were we, the researchers and commentators who have written this? With the exception of rare voices in a few media and human-rights organisations, and a couple of politicians that denounced what had happened, Europe kept silent.
There are no excuses. What was being conceived, planned and perpetrated was hardly a secret, even before the New Yorker and other media published detailed descriptions of these war crimes and the deceit involved (see, for example, Jane Mayer, Outsourcing torture“, New Yorker, 14 February 2005), .After all, only days after the terrorist attacks of 11 September 2001, Dick Cheney admitted that the US chief executive was willing to make the “war against terror” an ugly, dirty affair: in a primetime national broadcast, the US vice-president announced that the secret services would be authorised to go over to the “dark side” (see Jane Mayer, The Dark Side [Vintage/Anchor, 2009]).
Such attitudes began around the same time to infect popular and even intellectual culture. The US television industry broadcast (from November 2001) the well-engineered TV drama series 24, about a federal agent who could not always afford to play by the rules. In episode after episode, the popular series indulged the lie that the torture of suspects was necessary in order to save the lives of innocents. The academic and pundit Michael Ignatieff– then director of the Carr Centre for Human Rights Policy at Harvard University, now the head of Canada’s main opposition party and the country’s likely next prime minister – was only the most high-profile of several intellectual who began to argue that torture is terrible but could in some circumstances be morally and politically justified (see Mariano Aguirre, “Exporting democracy, revising torture: the complex missions of Michael Ignatieff“, 15 July 2005).
So it was that the Bush-Cheney cabal could demolish the legacy of George Washington and Abraham Lincoln. The United States’s first president banned all maltreatment of English prisoners during the during the war of independence (1775-83), forbidding his troops to “imitate the brutality of the British”. Its sixteenth president followed the same principle during the American civil war (1861-65). Both respected here the US’s declaration of independence (1776), based as it was and is on the prohibition of abuse of power, arbitrary arrest and torture.
The next step
Many political, military and administrative leaders were involved in the planning and execution of the “war on terror”; none has had to face legal prosecution for what went on in Guantánamo, Abu Ghraib, Bagram and other sites of documented torture. Almost without exception, it is low-level operatives who have faced prosecution, even though their crimes were committed under a system that was organised in and controlled from the topmost echelons of power in the White House, the CIA and the Pentagon (see Philip Gourevitch & Errol Morris, The Ballad of Abu Ghraib [Penguin, 2008]).
President Barack Obama – whose election by US citizens in 2008 is a turning-pointin this story – declared his intention to close for ever this dark chapter in the history of the United States. For that to happen, he must ensure that the legal process focuses on those who bear political and administrative responsibility. Chile and Argentina are among the countries which investigated and prosecuted those who had ordered torture – so why not the United States? In addition, it is clear that the Guantánamo prison-camp must be shut down; but military tribunals that fail to comply with international standards of jurisprudence should also be closed.
The first decade of the 21st century has witnessed the abuse and neglect of the highest principles of leadership nurtured by western civilisation over centuries. In this light, it is wrong to see the actions of Bush, Cheney, Donald Rumsfeld and their coterie in isolation (see Philippe Sands, Lawless World: Making and Breaking Global Rules [ Penguin, 2006]). For this is also a tale of colossal hypocrisy and worse on the part of Europe, in accepting and being complicit in depredations that violate its own deepest values.
The experience was allowed to unfold year by grim year. During this long period, the European allies of the US – aware of the absence of legal protection for those nameless prisoners being transported for interrogation and torture at destinations known and unknown – appear to have done very little. Why?
What will be the next steps in bringing to justice those responsible? Thomas Hammarberg, commissioner for human rights at the Council of Europe, has called on the council’s forty-seven member-states to provide the complete facts on what actually took place from 2001 to 2008, so that the guilty may be held to account. It cannot happen soon enough. For until it does, the enormous damage Europe has inflicted in these terrible years – not least on itself – can never be repaired.
This article was translated from Norwegian by Susan Høivik
Peace and Justice Post 
Obama’s Undeclared War Against Pakistan Continues, Despite His Attempt to Downplay It
June 22, 2009In a new interview, Obama said he has “no intention” of sending US troops into Pakistan. But US troops are already in the country and US drones attack Pakistan regularly.
By Jeremy Scahill, RebelReports, June 22, 2209
Three days after his inauguration, on January 23, 2009, President Barack Obama ordered US predator drones to attack sites inside of Pakistan, reportedly killing 15 people. It was the first documented attack ordered by the new US Commander in Chief inside of Pakistan. Since that first Obama-authorized attack, the US has regularly bombed Pakistan, killing scores of civilians. The New York Times reported that the attacks were clear evidence Obama “is continuing, and in some cases extending, Bush administration policy.” In the first 99 days of 2009, more than 150 people were reportedly killed in these drone attacks. The most recent documented attack was reportedly last Thursday in Waziristan. Since 2006, the US drone strikes have killed 687 people (as of April). That amounts to about 38 deaths a month just from drone attacks.
The use of these attack drones by Obama should not come as a surprise to anyone who followed his presidential campaign closely. As a candidate, Obama made clear that Pakistan’s sovereignty was subservient to US interests, saying he would attack with or without the approval of the Pakistani government. Obama said if the US had “actionable intelligence” that “high value” targets were in Pakistan, the US would attack. Secretary of State Hillary Clinton, echoed those sentiments on the campaign trail and “did not rule out U.S. attacks inside Pakistan, citing the missile attacks her husband, then-President Bill Clinton, ordered against Osama bin Laden in Afghanistan in 1998. ‘If we had actionable intelligence that Osama bin Laden or other high-value targets were in Pakistan I would ensure that they were targeted and killed or captured,’ she said.”
Last weekend, Obama granted his first extended interview with a Pakistani media outlet, the newspaper Dawn:
Responding to a question about drone attacks inside Pakistan’s tribal zone, Mr Obama said he did not comment on specific operations.
‘But I will tell you that we have no intention of sending US troops into Pakistan. Pakistan and its military are dealing with their security issues.’
There are a number of issues raised by this brief response offered by Obama. First, the only difference between using these attack drones and using actual US soldiers on the ground is that the soldiers are living beings. These drones sanitize war and reduce the US death toll while still unleashing military hell disproportionately on civilians. The bottom line is that the use of drones inside the borders of Pakistan amounts to the same violation of sovereignty that would result from sending US soldiers inside the country. Obama defended the attacks in the Dawn interview, saying:
“Our primary goal is to be a partner and a friend to Pakistan and to allow Pakistan to thrive on its own terms, respecting its own traditions, respecting its own culture. We simply want to make sure that our common enemies, which are extremists who would kill innocent civilians, that that kind of activity is stopped, and we believe that it has to be stopped whether it’s in the United States or in Pakistan or anywhere in the world.”
Despite Obama’s comments about respecting Pakistan “on its own terms,” this is how Reuters recently described the arrangement between Pakistan and the US regarding drone attacks:
U.S. ally Pakistan objects to the U.S. missile strikes, saying they violate its sovereignty and undermine efforts to deal with militancy because they inflame public anger and bolster support for the militants.
Washington says the missile strikes are carried out under an agreement with Islamabad that allows Pakistani leaders to publicly criticise the attacks. Pakistan denies any such agreement.
Pakistan is now the biggest recipient of US aid with the House of Representatives recently approving a tripling of money to Pakistan to about $1.5 billion a year for five years. Moreover, US special forces are already operating inside of Pakistan, along the Pakistan-Afghanistan border in Baluchistan. According to the Wall Street Journal, US Special Forces are:
training Pakistan’s Frontier Corps, a paramilitary force responsible for battling the Taliban and al Qaeda fighters, who cross freely between Afghanistan and Pakistan, the officials said. The U.S. trainers aren’t meant to fight alongside the Pakistanis or accompany them into battle, in part because there will be so few Special Forces personnel in the two training camps.
A senior American military officer said he hoped Islamabad would gradually allow the U.S. to expand its training footprint inside Pakistan’s borders.
In February, The New York Times reported that US forces are also engaged in other activities inside of Pakistan:
American Special Operations troops based in Afghanistan have also carried out a number of operations into Pakistan’s tribal areas since early September, when a commando raid that killed a number of militants was publicly condemned by Pakistani officials. According to a senior American military official, the commando missions since September have been primarily to gather intelligence.
It is clear—and has been for a long time— that the Obama administration is radically expanding the US war in Afghanistan deeply into Pakistan. Whether it is through US military trainers (that’s what they were called in Vietnam too), drone attacks or commando raids inside the country, the US is militarily entrenched in Pakistan. It makes Obama’s comment that “[W]e have no intention of sending US troops into Pakistan” simply unbelievable.
For a sense of how significant US operations are and will continue to be for years and years to come, just look at the US plan to build an almost $1 billion massive US “embassy” in Islamabad, which is reportedly modeled after the imperial city they call a US embassy in Baghdad. As we know very clearly from Iraq, such a complex will result in an immediate surge in the deployment of US soldiers, mercenaries and other contractors.
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