Archive for the ‘war crimes’ Category

Rallies Around U.S. To Demand Accountability for Torture

June 23, 2009

June 22, 2009 at 22:48:24

by David Swanson Page 1 of 1 page(s)

www.opednews.com

Thursday, June 25, 2009, has been designated Torture Accountability Action Day by a large coalition of human rights groups planning rallies and marches in major U.S. cities, including a rally in Washington, D.C.’s John Marshall Park at 11 a.m. followed by a noon march to the Justice Department where some participants will risk arrest in nonviolent protest if a special prosecutor for torture is not appointed.

http://accountability4torture.com

Events are planned in Washington, D.C.; San Francisco, CA; Pasadena, CA; Thousand Oaks, CA; Boston, MA; Salt Lake City, UT; Seattle, WA; Portland, OR; Las Vegas, NV; Honolulu, HI; Tampa, FL; Philadelphia, PA; and Anchorage, AK, with details available online:
click here />

In Washington, D.C., groups will maintain literature tables from 9 a.m. to 3 p.m. at John Marshall Park, 501 Pennsylvania Ave. NW.  A rally will begin at 11 a.m. with speakers including:
* Marjorie Cohn, President of the National Lawyers Guild, professor at Thomas Jefferson School of Law;
* Njambi Good, Director of Counter Terror with Justice Campaign, Amnesty International USA;
* Enver Masud, Founder and CEO of The Wisdom Fund, recipient of the 2002 Gold Award from the Human Rights Foundation for his book “The War on Islam”;
* Max Obuszewski, member of the National Campaign for Nonviolent Resistance;
* Marcus Raskin, Cofounder of the Institute for Policy Studies;
* Patricio Rice, torture survivor;
* Mara Verheyden-Hilliard, Cofounder of the Partnership for Civil Justice;
* Kevin Zeese, Director of VotersForPeace.US, Board Member of VelvetRevolution.US.
With performances by Jordan Page, Tha Truth, and David Ippolito.

Participants will march at noon to the Department of Justice, where some but not all of the participating organizations will engage in nonviolent resistance if the Attorney General has not yet agreed to appoint a special prosecutor for torture.  (Some of the organizations sponsoring the day of rallies do not engage in civil disobedience.)


In Pasadena, Calif., at 12 p.m. PT citizens will submit a formal judicial misconduct complaint against 9th Circuit Judge Jay Bybee, former Assistant Attorney General in the Office of Legal Counsel: Courthouse steps, Chambers Courthouse, 125 South Grand Ave., Pasadena, CA 91105.

Statement of Purpose:
The highest officials in our government have trampled on our traditional ideals of making America a nation of laws, not of men, by illegally narrowing the scope of torture and authorizing waterboarding, walling, and other inhumane interrogation techniques. In doing so, they have violated the Anti-Torture Act, the War Crimes Act, the Geneva Conventions, the Universal Declaration of Human Rights, and the Convention Against Torture and other Cruel, Inhuman and Degrading Treatment.

In order to enforce our laws and restore the free society that our forefathers envisioned, citizens must demand accountability for abuses of the laws pertaining to torture. In the tradition of the Civil Rights movement, change will not occur unless citizens stand up for their rights under the law.

Torture Accountability Action Day Is Sponsored By:
Action Center for Justice
After Downing Street
Amnesty International
Bryn Mawr Peace Coalition
BuzzFlash
Coalition for Peace Action
Code Pink
Consumers for Peace
Democrats.com
Eldoradans Against Torture
Global Exchange
High Road for Human Rights
Hip Hop Caucus
Historians Against the War
IndictBushNow
Individuals for Justice
Marcus Raskin
National Accountability Network
National Campaign for Nonviolent Resistance
NJ Peace Action
NJ People’s Organization for Progress
Northern Virginians for Peace and Justice
Polygraph Radio
Peace Action
Peace and Justice Forums Billings Montana
Portland Peaceful Response Coalition
Progressive Democrats of America
Project Vote Count
School of the Americas Watch
Senior Action Network
The Torture Abolition Survivors Support Coalition
US Labor Against War
Veterans for Peace
War Criminals Watch
Washington Peace Center
We Are Change LA
Witness Against Torture
World Can’t Wait

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Take action — click here to contact your local newspaper or congress people:
Prosecute Torture

Click here to see the most recent messages sent to congressional reps and local newspapers

David Swanson is the author of the upcoming book “Daybreak: Undoing the Imperial Presidency and Forming a More Perfect Union” by Seven Stories Press and of the introduction to “The 35 Articles of Impeachment and the Case for Prosecuting George W. (more…)

The ruins of Gaza

June 22, 2009

Laura Durkay describes what she witnessed as part of a Code Pink delegation that visited Gaza earlier in June.

Socialist Worker, June 22, 2009

The American School in Gaza was destroyed during Israel's onslaught (Laura Durkay | SW)The American School in Gaza was destroyed during Israel’s onslaught (Laura Durkay | SW)

“PEOPLE ARE being kept alive.” It was one of the first things that John Ging, the director of the United Nations Relief and Works Agency (UNRWA) in Gaza told us.

It’s a pretty accurate description of the conditions in Gaza, four months after the end of Israel’s Operation Cast Lead, which left 1,400 dead, over 5,000 wounded and at least 40,000 homeless. People are being kept alive–and that’s about all.

Four months after the ceasefire, not a brick has been rebuilt in Gaza. Thousands of buildings–from the Palestinian parliament building (heavily damaged) and presidential residence (obliterated), to the Islamic University, the American School, Al Quds Hospital (hit with white phosphorus) and thousands of homes, shops, factories and police stations–stand exactly as they were on January 18, the last day of the war.

Continued >>

Obama’s Undeclared War Against Pakistan Continues, Despite His Attempt to Downplay It

June 22, 2009

In 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.

Israel’s Crimes, America’s Silence

June 21, 2009

By John Dugard | The Nation, June 21, 2009

President Obama’s recent speech to the Muslim World failed to address allegations that Israel committed war crimes in Gaza. Palestinians and people throughout the region were shocked at the firepower Israel brought to bear against Gaza’s civilians and do not want Palestinians’ ongoing misery to be further ignored. Many were surely waiting to hear from President Obama that the way to peace does not lie through the devastation of civilian life and infrastructure in Gaza.

To date, too little mention has been made of investigations that show there is sufficient evidence to bring charges of war crimes and crimes against humanity against Israel’s political and military leadership for their actions in Gaza. Recently, two comprehensive independent reports have been published on Gaza, and earlier this month a mission mandated by the UN Human Rights Council, and chaired by South African Richard Goldstone, visited Gaza to conduct a further investigation into Israel’s offensive.

On May 4 the United Nations published the findings of an investigation into attacks carried out by the Israel Defense Forces (IDF) on UN premises in Gaza. Led by Ian Martin, formerly head of Amnesty International, this investigation found Israel responsible for wrongfully killing and injuring Palestinians on UN premises and destroying property amounting to over $10 million in value. Although this investigation did not address the question of individual criminal responsibility, it is clear that the identified wrongful acts by Israel constituted serious war crimes.

On May 7 the Arab League published the 254-page report of an Independent Fact Finding Committee (IFFC) it had established to examine the legal implications of Israel’s Gaza offensive. This committee, comprising six experts in international law, criminal law and forensic medicine from non-Arab countries, visited Gaza in February. We concluded that the IDF had committed serious war crimes and crimes against humanity.

As the committee`s chairman, I spent five days in Gaza along with the other experts. Our views were deeply influenced by interviews we conducted with victims and by the evidence of destruction of property. We were particularly disturbed by the accounts of cold-blooded killings of civilians committed by some members of the IDF and the Israeli military’s use of white phosphorus in densely populated areas. The devastation was appalling and raised profound doubts in my mind as to the veracity of Israeli officials who claimed this was not a war against the Palestinian people.

The IFFC found that the IDF, in killing some 1,400 Palestinians (at least 850 of whom were civilians), wounding over 5,000 and destroying over 3,000 homes and other buildings, had failed to discriminate between civilian and military targets, terrorized civilians, destroyed property in a wanton manner not justified by military necessity and attacked hospitals and ambulances. It also found that the systematic and widespread killing, injuring and terrorizing of the civilian population of Gaza constituted a crime against humanity.

The IFFC investigated the question whether the IDF was responsible for committing the ‘crime of crimes’ — genocide. Here we concluded that although the evidence pointed in this direction, Israel lacked the intention to destroy the people of Gaza, which must be proved for the crime of genocide. Instead, the IFFC found that the purpose of the offensive was collective punishment aimed at reducing the population to a state of submission. However, the IFFC did not discount the possibility that individual soldiers had acted with the required genocidal intent.

Israel’s argument that it acted in self-defense was rejected, inter alia, on the basis of evidence that Israel’s action was premeditated and not an immediate response to rockets fired by militants and was, moreover, disproportionate. The IFFC found that the IDF’s own internal investigation into allegations of irregularities, which exonerated the IDF, was unconvincing because it was not conducted by an independent body and failed to consider Palestinian evidence.

The IFFC also examined the actions of Palestinian militants who fired rockets indiscriminately into southern Israel. We concluded that these actions constituted war crimes and that those responsible committed the war crimes of indiscriminate attacks on civilians and the killing, wounding and terrorization of civilians.

The past twenty years have brought important developments in international law in respect to accountability for international crimes. Yet Israel has possibly secured impunity for itself by failing to become a party to the Rome Statute of the International Criminal Court. Nevertheless, its actions may still be judged by the court of public opinion.

A bold Obama speech on Gaza would have ensured that the public is on notice that it’s not business as usual in Washington. Even American allies, such as Israel, should have to answer evidence of serious international crimes. In this way, some measure of accountability may be achieved. With an active American push, a new view of the United States may begin to take shape after eight years of disregard for international and domestic law.

About John Dugard
John Dugard is a professor of law, a former UN special rapporteur on human rights in the Occupied Palestinian Territories, and the chairman of the Independent Fact Finding Committee on Gaza. more…

Gaza: Bombs, Missiles, Tanks And Bulldozers

June 20, 2009

Transcript of former US President Jimmy Carter’s Address to the United Nations Relief Works Agency’s Human Rights Graduation in Gaza, June 16, 2009.

By Jimmy Carter | Information Clearing House, June 16, 2009

Director of UNRWA operations John Ging, thank you for inviting me to Gaza. Distinguished guests, children of Gaza, I am grateful for your warm reception.

I first visited Gaza 36 years ago and returned during the 1980s and later for the very successful Palestinian elections. Although under occupation, this community was relatively peaceful and prosperous. Now, the aftermath of bombs, missiles, tanks, bulldozers and the continuing economic siege have brought death, destruction, pain, and suffering to the people here. Tragically, the international community largely ignores the cries for help, while the citizens of Gaza are being treated more like animals than human beings.

Last week, a group of Israelis and Americans tried to cross into Gaza through Erez, bringing toys and children’s playground equipment – slides, swings, kites, and magic castles for your children. They were stopped at the gate and prevented from coming. I understand even paper and crayons are treated as “security hazards” and not permitted to enter Gaza. I sought an explanation for this policy in Israel, but did not receive a satisfactory answer – because there is none.

The responsibility for this terrible human rights crime lies in Jerusalem, Cairo, Washington, and throughout the international community. This abuse must cease; the crimes must be investigated; the walls must be brought down, and the basic right of freedom must come to you.

Almost one-half of Gaza’s 1.5 million people are children, whose lives are being shaped by poverty, hunger, violence, and despair. More than 50,000 families had their homes destroyed or damaged in January, and parents are in mourning for the 313 innocent children who were killed.

The situation in Gaza is grim, but all hope is not lost. Amidst adversity, you continue to possess both dignity and determination to work towards a brighter tomorrow. That is why educating children is so important.

I have come to Gaza to help the world know what important work you are doing. UNRWA is here to ensure that the 200,000 children in its schools can develop their talent, express their dynamism, and help create the path to a better future.

The human rights curriculum is teaching children about their rights and also about their responsibilities. UNRWA is teaching about the Universal Declaration of Human Rights and the struggle for these rights all over the world, Gaza’s children are learning that as you seek justice for yourselves, you must be sure that your behavior provides justice for others.

They are learning that it is wrong to fire rockets that may kill Israeli children. They are learning that arbitrary detention and the summary execution of political opponents is not acceptable. They are learning that the rule of law must be honored here in Gaza.

I would like to congratulate both UNRWA and the children who have completed the human rights curriculum with distinction. They are tomorrow’s leaders.

In addition to the tragedy of occupation, the lack of unity among Palestinians is causing a deteriorating atmosphere here in Gaza, in Ramallah, and throughout the West Bank.

Palestinians want more than just to survive. They hope to lead the Arab world, to be a bridge between modern political life and traditions that date back to the Biblical era. The nation you will create must be pluralistic and democratic – the new Palestine that your intellectuals have dreamt about. Palestine must combine the best of the East and the West. The Palestinian state, like the land, must be blessed for all people. Jerusalem must be shared with everyone who loves it – Christians, Jews, and Muslims.

With our new leaders in Washington, my country will move into the forefront of this birth of a new Palestine. We were all reminded of this renewed hope and commitment by President Obama’s recent speech in Cairo.

President Obama’s resolve to resume the Israeli-Palestinian diplomatic process based on the principle of two states for two peoples must be welcomed. This vision of two sovereign nations living as neighbors is not a mere convenient phrase. It is the basis for a lasting peace for this entire region, including Syria and Lebanon.

We all know that a necessary step is the ending of the siege of Gaza – the starving of 1 ½ million people of the necessities of life. Never before in history has a large community been savaged by bombs and missiles and then deprived of the means to repair itself. The issue of who controls Gaza is not an obstacle. As the World Bank has pointed out, funds can be channeled through a number of independent mechanisms and effective implementing agencies.

Although funds are available, not a sack of cement nor a piece of lumber has been permitted to enter the closed gates from Israel and Egypt. I have seen with my own eyes that progress is negligible.

My country and our friends in Europe must do all that is necessary to persuade Israel and Egypt to allow basic materials into Gaza. At the same time, there must be no more rockets and mortar shells falling on Israeli citizens.

I met this week with the parents of Corporal Gilad Shalit, and have with me a letter that I hope can be delivered to their son. I have also met with many Palestinians who plead for the freedom of their 11,700 loved ones imprisoned by the Israelis, including 400 women and children. Many of them have been imprisoned for many years, held without trial, with no access to their families or to legal counsel. Rational negotiations and a comprehensive peace can end this suffering on both sides.

I know it is difficult now, surrounded by terrible destruction, to see a future of independence and dignity in a Palestinian state, but this goal can and must be achieved. I know too that it is hard for you to accept Israel and live in peace with those who have caused your suffering. However, Palestinian statehood cannot come at the expense of Israel’s security, just as Israel’s security can not come at the expense of Palestinian statehood.

In his speech in Cairo, President Obama said that Hamas has support among Palestinians, but they also have responsibilities. To play a full role in fulfilling Palestinian aspirations, to unify the Palestinian people, Hamas must put an end to violence, accept existing peace agreements, and recognize Israel’s right to exist.

I have urged Hamas leaders to accept these conditions, and they have made statements and taken actions that suggest they are ready to join the peace process and move toward the creation of an independent and just Palestinian state.

Khaled Mashaal has assured me that Hamas will accept a final status agreement negotiated by the Palestinian Authority and Israel if the Palestinian people approve it in a referendum. Hamas has offered a reciprocal ceasefire with Israel throughout the West Bank and Gaza. Unfortunately, neither the Israeli leaders nor Hamas accept the terms of the Oslo Agreement of 1993, but the Arab Peace Initiative is being considered now by all sides.

I have personally witnessed free and fair elections in Palestine when Yasir Arafat and Mahmoud Abbas were elected president and when legislative members were chosen for your parliament. I hope to return next January for a similar event that will unite all Palestinians as you seek a proud and peaceful future.

Ladies and gentlemen, children of Gaza, thank you for inviting me and for sharing this happy occasion with me. Congratulations for your achievements.

U.S. admits Afghan airstrike may have killed 86 civilians

June 20, 2009

By NANCY A. YOUSSEF | The Miami Herald, June 19, 2009

McClatchy Newspapers

WASHINGTON — An internal military investigation into an U.S. airstrike in western Afghanistan acknowledged that U.S. forces may have killed as many as 86 civilians and said the military needs to re-examine its rules to reduce future civilian casualties.

The report, which suggests that troops need a refresher on how to best use airpower, how to avoid civilian casualties and how to communicate with the Afghan civilians they’re being sent to protect, will probably do little to endear the coalition with the Afghans, a cornerstone of the U.S. counterinsurgency plan.

And its issuance raises questions about whether the U.S. should use a B-1B bomber – an expensive Cold War-era supersonic bomber originally designed to penetrate the former Soviet Union’s airspace and drop nuclear weapons – to rout out Taliban hiding among Afghan civilians.

The airstrike, in the western Farah province, has drawn the ire of local and national leaders, strained relations between the U.S. and Afghanistan and become an issue in August elections there. Afghan investigations have placed the civilian death toll as high as 140.

The report found 26 confirmed civilian casualties but concedes that it is impossible to determine a final number because some were buried before investigators arrived. However, it also cites an investigation by the Afghan Human Rights Commission shortly after the May 4 incident, which found 86 casualties. The report doesn’t say how many suspected Taliban fighters were killed in the offensive.

The eight-hour battle began when Afghan security forces discovered that as many as 300 Taliban were amassing nearby and threatening residents. A nearby U.S. Marine Special Operations team told the Afghan forces they should take a few days and plan an attack, but the Afghans decided to go after the Taliban, the report said, and U.S. forces agreed to be on call in case they needed additional help.

When the Afghans came under attack, the Marines deployed ground troops and eventually four F-18s. Despite that, the report said, “enemy direct fire subsided for a brief period, but never completely.” Those attacks didn’t lead to civilian casualties, it said.

When the fighting didn’t subside, the military decided to deploy B-1B bombers that launched three strikes. The report suggests that the criteria for launching attacks were vague.

The first attack occurred when the bomber “spotted a group of similarly-sized adults moving in a tactical manner – definitively and rapidly in evenly spaced intervals across difficult terrain in the dark – behind the enemy’s front lines. The ground force didn’t receive direct fire from this group at any time while the B-1B crew tracked and targeted them,” the report said.

The second strike took place near Afghan forces and targeted a building where suspected fighters had taken cover. However, no one confirmed whether civilian were inside the structure before the attack was launched, the report said. The third strike occurred inside a village, and again U.S. forces saw fighters run into a structure, but didn’t check if civilians were inside before striking it.

In some instances, forces didn’t follow guidance, and that “resulted in civilian casualties.” The report, however, didn’t recommend curtailing the use of the airstrikes.

The seven recommendations included improving coordination with non-governmental organizations, improving investigative skills, a review of U.S. rules governing airstrikes and better strategic communications.

“There are additional changes that I think that we’re going to clearly have to make to ensure that we do absolutely everything to make sure civilian casualties are eliminated, if possible, or certainly minimized in every situation,” said Navy Adm. Michael Mullen, the chairman of the Joint Chiefs of Staff, on Thursday.

Pentagon leaders had wavered about whether to release the report’s findings.

Although the report has been complete and approved since June 8, U.S. military officials decided to not release it until late Friday. The military didn’t release a video of part of the incident, despite a promise from Gen. David Petraeus, the commander of U.S. Central Command, shortly after the incident.

Tony Blair told: ‘Come clean on torture’

June 19, 2009

Morning Star Online, Thursday 18 June 2009

by Louise Nousratpour

Politicians and legal experts queued up today to warn ex-prime minister Tony Blair that his knowledge and tolerance of torture during the Iraq war made him unfit to continue as Middle East peace envoy.

The Guardian newspaper alleged that Mr Blair was aware of instructions given to agents regarding torture in the aftermath of the September 11 2001 World Trade Centre attacks.

The policy offered guidance to MI5 and MI6 officers who were questioning prisoners around the world in the event that they complained of being tortured by the US military.

Officers were apparently given instructions that they must not “be seen to condone” torture or “engage in any activity yourself that involves inhumane or degrading treatment of prisoners.”

But the guidance made it clear that they were under no obligation to stop prisoners from being tortured.

“Given that they are not within our custody or control, the law does not require you to intervene to prevent this,” the policy stated.

Law professor and QC Philippe Sands said that the guidelines breached the UN convention against torture.

Referring to ministers’ reluctance to disclose information about alleged torture of former Guantanamo Bay detainee Binyam Mohamed, legal charity Reprieve director Clive Stafford Smith said: “We now know why the Foreign Secretary was so insistent on keeping this torture policy from the British people.

“It has nothing to do with national security and everything to do with the immoral decisions made at the highest level of government.”

He added: “When Binyam Mohamed was questioned by a British agent, he thought his torture would surely end. Instead, the agent was apparently under instructions from Number 10 to abandon Binyam to his fate.”

Liberal Democrat shadow foreign secretary Edward Davey said: “Surely Tony Blair cannot remain Middle East Envoy when he is accused of breaking the UN convention against torture.”

The International Court of Justice must investigate the Iraq war

June 17, 2009

The evidence is that war crimes have been committed

By Christopher King | Redress, June 17, 2009

Christopher King argues that British Prime Minister Gordon Brown’s announcement that an inquiry into the Iraq war would be held in secret is an attempt to dismiss the appalling consequences of the Iraq war, and is an insult to the country and to the British dead in Iraq and the London bombings.

Gordon Brown’s inquiry into the Iraq war will:

  • Be in private, that is, secret
  • Be held by privy councillors
  • Not seek to apportion blame

None of this is in the public interest or the interests of the country.

  • The secrecy of the hearing is transparently to enable a cover up of the facts.
  • Privy councillors are core pillars of the establishment and share the interests of the wealthy rather than those of democracy and the country as a whole.
  • The Iraq war was a war of choice, a pre-emptive war and on all the evidence a war of aggression – a war crime. As such it would be in breach of the United Nations’ Nuremberg principles, falling under the jurisdiction of the International Court of Justice.

The effects of the Iraq war were of extraordinary seriousness:

  • Over one million Iraqis killed, many more wounded
  • Four to five million Iraqis made refugees, most still displaced
  • Destruction of much of the country’s infrastructure, still unrepaired
  • Widespread destruction of housing and buildings
  • 179 British soldiers killed, probably about 1500 wounded, 222 seriously
  • Waste of approximately GBP 9 billion in direct costs
  • Reprisal attacks and deaths in London and elsewhere, decreased UK security together with huge costs and inconvenience of security precautions
  • Destruction of the United Nation’s authority, loss of UK credibility, a precedent for aggressive warfare, breach of international law, thus decreased world security.

Gordon Brown’s attempt to dismiss these appalling consequences by a secret inquiry is absurd. It is an insult to the country and to the British dead in Iraq and the London bombings. Brown himself voted in Parliament for the war as a member of the Blair cabinet at that time.

Nor could any form of parliamentary inquiry do justice to this disaster to Iraq and this country. We have a Parliament of professional politicians who are for the most part both incompetent and corrupt. They are not politicians of principle; they are politicians of self-interest. Most, with a few honourable exceptions, voted for the Iraq war. They did not read the weapons inspectors’ reports; they did not read the United Nations proceedings, yet they voted to invade another country and collude with the dangerous fool whom America chose as its president, not once, but twice. Their vote showed contempt for the British people whose money they take and who marched peacefully, a million strong in London, to tell them that the Iraq war was wrong.

On his resignation as premier, Anthony Blair, who marketed the war for George Bush, was immediately rewarded by the Americans with a job at the investment bank JP Morgan at a salary of GBP 2.5 million per year. This is reported to be the first of a series of posts that could gain him GBP 40 million. JP Morgan is now involved in Iraqi oil and stands to make huge profits by mortgaging future Iraqi oil production. One must ask, “Would Mr Blair have gained these rewards if he had refused to place the UK armed forces at America’s disposal and market the Iraq war to the rest of the world?” All the evidence is that the objective of the war was the seizure of Iraq’s oil resources and Anthony Blair’s objective was money.

This secret, disgusting, cover-up inquiry organized by Gordon Brown should be ignored. It is a waste of time to oppose it or to attempt modification of its terms of reference, whatever they might be. Those named to hold it would do well to reconsider as they will henceforth be regarded as apologists for and concealers of war crimes. Those concerned with peace, justice and the rule of law should concentrate their effort where it will bear results. The future morale, reputation and direction of the country are at stake. The country needs to be cleansed.

There is only one possibility for demonstrating that the United Kingdom has returned to the rule of law. The Iraq war inquiry must go to the International Court of Justice.

Gordon Brown is obliged to call an election in less than a year. Those political parties or independent candidates who stand on the undertaking to take the Iraq war to the International Court of Justice will gain overwhelming public support. The country is sickened of its self-serving politicians. A means of expressing public opinion is needed. Coalitions of the minority parties for this purpose should be formed since the major parties will not support this action. If our serving soldiers, the injured and families of the dead want the truth, they will find it at the International Court of Justice – not in Gordon Brown’s secret whitewash inquiry that he hopes will get him past the next election.

At the last parliamentary election, the Liberal Democrats had the opportunity to stand on a platform of withdrawing our forces from Iraq. Anthony Blair successfully bluffed them that it would be “disloyal to our brave troops”. The evidence is that Anthony Blair’s lies and cynical use of our troops for his personal enrichment put them in harm’s way and left 179 of them dead.

Christopher King is a retired consultant and lecturer in management and marketing. He lives in London, UK.

Carter decries destruction in Gaza

June 17, 2009

CNN – June 16, 2009

Former U.S. President Jimmy Carter said Tuesday on a visit to Gaza that he had to “hold back tears” when he saw the destruction caused by the deadly campaign Israel waged against Gaza militants in January.

Former President Jimmy Carter visits an American school in Gaza destroyed by Israeli bombings.

Former President Jimmy Carter visits an American school in Gaza destroyed by Israeli bombings.

Carter was wrapping up a visit to the region during which he met representatives of all sides of the Arab-Israeli conflict.

Among the sites he visited was the American school that was destroyed by the bombings Israel initiated in response to rocket attacks launched from Gaza into southern Israel.

“It is very distressing to me. I have to hold back tears when I see the deliberate destruction that has been raked against your people.

“I come to the American school which was educating your children, supported by my own country. I see it’s been deliberately destroyed by bombs from F16s made in my country and delivered to the Israelis. I feel partially responsible for this — as must all Americans and all Israelis,” Carter said at a news conference.

“The only way to avoid this tragedy happening again is to have genuine peace,” he added, pointing out that many Palestinians are now fighting each other in the West Bank and Gaza because of their affiliations with Hamas or Fatah.

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“It’s very important that Palestinians agree with each other, to cooperate and stop attacking each other and to build a common approach to an election that I hope to witness and observe next January the 25th.”

After the briefing, Carter headed to a graduation ceremony for students who completed a human rights curriculum provided by UNRWA, the United Nations Relief and Works Agency for Palestine Refugees.

“The human rights curriculum is teaching children about their rights and also about their responsibilities,” Carter said in his speech to graduates.

In his speech to graduates, Carter said bombings, tanks and a continuing economic siege have brought death, destruction, pain and suffering to Gaza. “Tragically, the international community largely ignores the cries for help, while the citizens of Gaza are treated more like animals than human beings.”

“The responsibility for this terrible human rights crime lies in Jerusalem, Cairo, Washington, and throughout the international community,” Carter said.

At a news conference later in Tel Aviv, reporters asked the former president about media reports early Tuesday that said Hamas had thwarted a possible assassination plot against him.

The Israeli daily Maariv, quoting a Palestinian source, said explosives had been placed on a road Carter was due to travel on. Citing the source, the newspaper said it was a plot by an al Qaeda-affiliated group based in Gaza.

“I don’t believe it’s true,” Carter said. “I don’t know anything about it.

“None of our people were aware of being rerouted. I asked our driver and I asked the others in charge of making the arrangements, (and) they didn’t know anything about it.”

Carter said some of his staff asked Gaza’s minister of interior, who is in charge of security, and he also was unfamiliar with the report.

Also in Gaza, Carter met with Hamas leaders, who he said “want peace and they want to have reconciliation not only with their Fatah brothers but also, eventually, with the Israelis to live side by side.

Agent Orange Continues to Poison Vietnam

June 16, 2009

by Marjorie Cohn | CommonDreams.org, June 14, 2009

From 1961 to 1971, the U.S. military sprayed Vietnam with Agent Orange, which contained large quantities of Dioxin, in order to defoliate the trees for military objectives. Dioxin is one of the most dangerous chemicals known to man. It has been recognized by the World Health Organization as a carcinogen (causes cancer) and by the American Academy of Medicine as a teratogen (causes birth defects).

Between 2.5 and 4.8 million people were exposed to Agent Orange. 1.4 billion hectares of land and forest – approximately 12 percent of the land area of Vietnam – were sprayed.

The Vietnamese who were exposed to the chemical have suffered from cancer, liver damage, pulmonary and heart diseases, defects to reproductive capacity, and skin and nervous disorders. Children and grandchildren of those exposed have severe physical deformities, mental and physical disabilities, diseases, and shortened life spans. The forests and jungles in large parts of southern Vietnam have been devastated and denuded. They may never grow back and if they do, it will take 50 to 200 years to regenerate. Animals that inhabited the forests and jungles have become extinct, disrupting the communities that depended on them. The rivers and underground water in some areas have also been contaminated. Erosion and desertification will change the environment, contributing to the warming of the planet and dislocation of crop and animal life.

The U.S. government and the chemical companies knew that Agent Orange, when produced rapidly at high temperatures, would contain large quantities of Dioxin. Nevertheless, the chemical companies continued to produce it in this manner. The U.S. government and the chemical companies also knew that the Bionetics Study, commissioned by the government in 1963, showed that even low levels of Dioxin produced significant deformities in unborn offspring of laboratory animals. But they suppressed that study and continued to spray Vietnam with Agent Orange. It wasn’t until the study was leaked in 1969 that the spraying of Agent Orange was discontinued.

U.S. soldiers who served in Vietnam have experienced similar illnesses. After they sued the chemical companies, including Dow and Monsanto, that manufactured and sold Agent Orange to the government, the case settled out of court for $180 million which gave few plaintiffs more than a few thousand dollars each. Later the U.S. veterans won a legislative victory for compensation for exposure to Agent Orange. They receive $1.52 billion per year in benefits.

But when the Vietnamese victims of Agent Orange sued the chemical companies in federal court, U.S. District Judge Jack Weinstein dismissed the lawsuit, concluding that Agent Orange did not constitute a poison weapon prohibited by the Hague Convention of 1907. Weinstein had reportedly told the chemical companies when they settled the U.S. veterans’ suit that their liability was over and he was making good on his promise. His dismissal was affirmed by the Second Circuit Court of Appeals and the Supreme Court refused to hear the case. The chemical companies admitted in their filing in the Supreme Court that the harm alleged by the victims was foreseeable although not intended. How can something that is foreseeable be unintended?

On May 15 and 16 of this year, the International Peoples’ Tribunal of Conscience in Support of the Vietnamese Victims of Agent Orange convened in Paris and heard testimony from 27 victims, witnesses and scientific experts. Seven people from three continents served as judges of the Tribunal, which was sponsored by the International Association of Democratic Lawyers (IADL).

Testimony given by the witnesses showed the following:

Mai Giang Vu, a member of the Army of South Vietnam, carried barrels of the chemicals on his back. His two sons could not walk or function normally, their limbs gradually “curled up” and they could only crawl. They died at the ages of 23 and 25.

Pham The Minh, whose parents also served in the South Vietnamese Army, showed the Tribunal his severely deformed, crooked, skinny legs; he has great difficulty walking, as well as digestive and pulmonary diseases.

To Nga Tran is a French Vietnamese who worked as a journalist during the spraying. Her daughter weighed 6.6 pounds at the age of three months. Her skin began shredding and she could not bear to have skin contact or simple demonstrations of love. She died at 17 months, weighing 6.6 pounds. Ms. To described a woman who gave birth to a “ball” with no human form. Many children are born without brains; others make inhuman sounds.

Rosemarie Hohn Mizo is the widow of George Mizo, who served in the U.S. Army in Vietnam in 1967. He slept on contaminated ground and consumed food and drink that were also contaminated. George refused to serve after he was wounded for the third time; he was court-martialed and sentenced to 2-1/2 years in prison and a dishonorable discharge. George helped found the Friendship Village where Vietnamese victims live in a supportive environment. He died from conditions related to his exposure to Agent Orange.

Georges Doussin, co-founder of the Friendship Village, visited a dormitory where he saw 50 highly deformed “monsters,” who produced inhuman sounds. One man whose parent had been exposed to Agent Orange had four toes on each foot. Doussin said Agent Orange creates “total anarchy in evolution.”

Dr. Nguyen Thi Ngoc Phuong, from Tu Du Hospital in Ho Chi Minh City (Saigon), sees many children born without arms and/or legs, without heads or faces, and without a brain chamber. According to the World Health Organization, only 1 – 4 parts per trillion (PPT) of Dioxin in breast milk can cause severe deformities in fetuses and even death. But up to 1450 PPT are found in maternal milk in Vietnam.

Dr. Jeanne Stellman, who wrote the seminal article about Agent Orange in the magazine Nature, testified that “this is the largest unstudied environmental disaster in the world (except for natural disasters).”

Dr. Jean Grassman, from Brooklyn College at City University of New York, testified that Dioxin is a potent cellular disregulator which alters a variety of pathways to disrupt many systems. Children, she said, are very sensitive to Dioxin; the intrauterine or post natal exposure to Dioxin may result in altered immune, neurobehavioral, and hormonal functioning. Women pass their exposure to their children both in utero and through the excretion of Dioxin in breast milk.

Many ecosystems have been destroyed and Dioxin continues to poison Vietnam, especially in the several “hot spots.”

Chemist Dr. Pierre Vermeulin testified that it was estimated that $1 billion would be required to restore one hectare of land in Vietnam. The cost of caring for the victims, many of whom need 24-hour care, is enormous.

In 1973, President Richard Nixon promised $3.25 billion in reconstruction aid to Vietnam “without any preconditions.” That aid was never granted.

There are only 11 Friendship Villages in Vietnam; 1000 are needed to care for the child victims of Agent Orange.

Last week, the Bureau of the IADL, meeting in Hanoi, presented President Nguyen Minh Triet of the Socialist Republic of Vietnam with the final decision of the Tribunal. The judges found the U.S. government and the chemical companies guilty of war crimes, crimes against humanity, and ecocide during the illegal U.S. war of aggression in Vietnam. We recommended that the Agent Orange Commission be established in Vietnam to assess the damages suffered by the people and destruction of the environment, and that the U.S. government and the chemical companies provide compensation for the damage and destruction.

I told the President that it always struck me that even as U.S. bombs were dropping on the people of Vietnam, they always distinguished between the American government and the American people. The President responded, “We fought the forces of aggression but we always reserved our love for the people of America . . . because we knew they always supported us.”

An estimated 3 million Vietnamese people were killed in the war, which also claimed 58,000 American lives. For many other Vietnamese and U.S. veterans and their families, the war continues to take its toll.

Several treaties the United States has ratified require an effective remedy for violations of human rights. It is time to make good on Nixon’s promise and remedy the terrible wrong the U.S. government perpetrated on the people of Vietnam. Congress must pass legislation to compensate the Vietnamese victims of Agent Orange as it did for the U.S. Vietnam veteran victims.

Our government must know that it cannot continue to use weapons that target and harm civilians. Indeed, the U.S. military is using depleted uranium in Iraq and Afghanistan, which will poison those countries for incalculable decades.

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