Archive for the ‘War Criminals’ Category

Gaza: Pursuit of the Laws of War

May 10, 2009

If the UN fails to further investigate crimes committed during the conflict it will ensure stalemate, and more suffering for civilians

by Tom Porteous | The Guardian, UK, May 8, 2009

The Israeli government and its supporters have lashed out at the report of the UN board of inquiry into Israeli attacks on UN installations during Israel’s latest offensive in Gaza. The report, they say, is biased, tendentious and inaccurate. According to Robbie Sabel, writing in Comment is Free, the “unbalanced report” does “little to bring understanding or justice to the conflict in Gaza”.

The full report has not been published, but there’s little in the summary that UN secretary general Ban Ki-moon sent to the security council on Tuesday to support such claims. On the contrary, it provides careful but compelling evidence that Israeli Defence Forces (IDF) violated the laws of war during their military operations around UN installations in Gaza.

According to the summary, the board of inquiry concluded that “IDF actions involved varying degrees of negligence and recklessness with regard to United Nations premises and the safety of United Nations staff and other civilians within those premises, with consequent deaths, injuries and extensive physical damage and loss of property”. The board also holds “Hamas or another Palestinian actor” responsible for one attack on a UN installation – a World Food Progamme warehouse hit by a Qassam rocket.

The terms of reference of the UN inquiry were extremely narrow. Its job was to look at attacks on eight UN installations and one UN convoy during the period of Israel’s military offensive. As far as one can tell from the summary, the board has been meticulous in sticking to these terms of reference.

However, the conclusions of the inquiry, as represented in the summary (which, it should be noted, was not written by those who wrote the full report), raise broader questions about the use of force by the IDF during the conflict. It appears the authors of the UN report felt these questions should not be ducked. The summary notes that the board of inquiry was “deeply conscious” that the attacks on UN installations investigated in its report “are among many incidents ­during Operation Cast Lead involving civilian victims”.

The board therefore recommended that “these incidents should be investigated as part of an impartial inquiry, mandated and adequately resourced, to investigate violations of international humanitarian law in Gaza and southern Israel by the IDF and by Hamas and other Palestinian militants”.

But in his letter to the security council presenting his summary, secretary general Ban Ki-moon says bluntly: “I do not plan any further inquiry.” Whether under pressure from external sources – as reported in the Israeli media – or not, the secretary general has thus rejected his own board of inquiry’s most important recommendation even before the security council has had time to discuss it.

Indeed Ban could not even bring himself to put his weight behind an inquiry that has already been mandated by the UN human rights council to investigate broader laws of war violations in the Gaza fighting. Although the human rights council has often been criticised for an anti-Israel bias, this inquiry is headed by Richard Goldstone, who gained international respect for his critical role in dismantling apartheid in his native South Africa and served with distinction as the chief prosecutor at the international criminal tribunals for the former Yugoslavia and Rwanda. Goldstone has said that he will look at violations committed by both sides in the conflict.

So what happens now? The media and human rights organisations like Human Rights Watch have already documented serious violations of the laws of war by both sides in the conflict in Gaza, several of which have now been corroborated by this latest UN report. There is a strong prima facie case for a broad international and impartial inquiry, as recommended by the UN board.

Justice Goldstone’s inquiry (which has been accepted by Hamas but rejected by Israel) should be fully backed by the secretary general, the security council and all those states who profess to care about the vital importance of upholding the rule of law in international affairs.

There is a wide perception, backed up by strong evidence, that serious laws of war violations were committed in Gaza during Operation Cast Lead. Failure by the UN to investigate and make recommendations for the prosecution of individuals responsible for war crimes will perpetuate the climate of impunity that characterises this conflict, like so many others, and ensure that in the next round of fighting once again it will be civilians who suffer most. That will only further polarise and radicalise both sides and dim even further the prospects of peace between Israelis and Palestinians.

© 2009 Guardian News and Media Limited

Tom Porteous is the London director of Human Rights Watch

In the Name of Mothers Around the World

May 8, 2009

By Jodie Evans | The Women’s Media Center, May 8, 2009

The author, co-founder of the grass-roots peace and justice movement CODEPINK and board member of the Women’s Media Center, calls on us to honor Mother’s Day as it was originally intended—by the abolitionist, feminist and pacifist Julia Ward Howe.

Women know that war is SO over. We know it in our hearts, in our guts, in our wombs. We know that the madness in Iraq and Afghanistan has to end, that we cannot keep sending our children to kill the children of mothers across the globe. Last month at an appearance in Turkey, President Obama himself said “…sometimes I think that if you just put the mothers in charge for a while, that things would get resolved.”

Mother’s Day pledge by Noo Dal Molin

It is nearly 140 years since Julia Ward Howe wrote her Mother’s Day Proclamation, a pacifist reaction to the carnage of the American Civil War and the Franco–Prussian War. It flowed from her feminist belief that women had a responsibility to shape their societies at the political level.  Every year since CODEPINK began in 2002, we have worked to remind the public and media that Mother’s Day isn’t really about Hallmark and Teleflora, but was a call for women to gather in “the great and general interests of peace.” Howe knew then what we know now.  It will take women’s leadership to undermine what have become the USA’s greatest exports: Violence, Weapons and War.

This year we knew those who could attend our 24-hour weekend vigil outside the White House would be smaller than before, given the fiscal crunch we are all feeling.  We created a project so those who wanted could add to the activities.  In the past we have done an aerial image of thousands of bodies spelling Mother’s Say No To War photographed from the Washington Monument with the White House in the background.  But this year we put out a call for people to knit pink and green squares that we would sew together to read “We will not raise our children to kill another mother’s child” and place across the White House fence. Thousands of pink and green knitted squares have been filling the basement of the CODEPINK house in D.C.  They arrive with stories of how they were knitted with love, passion and conviction, with photos of the joys shared in knitting circles around the world.  The surprise has been that more women than ever want to participate, more women want to join together in community and engage in conversation.

They want answers. What they hear in the media makes no sense.  Why are we leaving more soldiers and private mercenaries in Iraq and not getting out on the date promised?  Why are we moving soldiers to Afghanistan when our military has told us there is no military solution?  How can we end the violence and protect the women? How can we turn our back on the women and children in Gaza?  Why is the military budget larger than under Bush (and that’s not counting another supplemental on Iraq and Afghanistan tacked on)? Why are we spending so much money on destruction, when Obama himself said in his inaugural address, “people will judge you on what you can build, not what you destroy”?

Women are fired up to gather together and expose the emptiness of the continued push for more weapons and more money for war.

We hope that our gathering on Mother’s Day will plant the seeds of new energy and new coalitions we will need to affect a world drunk on war.  It falls on us to bring peace to the table, to push our way to the table and not let up. Women know that instead of sending our young people overseas as soldiers, we need to send troops of doctors, teachers, business leaders, economists, farmers and peacekeepers who can build the economic structures for security to take root.

During our Mother’s Day weekend in DC, we will celebrate our sisterhood with song and poetry and fun, peace-building children’s activities, but we will also share our pain and grief by hearing the stories of women whose lives have been shattered by war—both women from war zones and mothers of American soldiers. When we bear witness to one another’s stories, we create a deeper, more compassionate foundation from which we can work together for peace.

Even if you can’t join us in D.C., you can send a rose to honor a mother whose life has been profoundly affected by war.  On Mother’s Day we will deliver the roses to the mothers and tie others to the fence outside the White House as a memorial to the dead and a moving call for peace.

However you spend your Mother’s Day, remember those women who have relentlessly stood for our rights in the past and know that we can bring peace. But first we MUST see it as possible and put our hoe in the ground.

UN: Gaza still awaiting aid pledged for reconstruction

May 6, 2009

Haaretz , Israel, Friday, May 1, 2009

By Reuters

None of a $4.5 billion package of reconstruction aid recently pledged for the Gaza Strip has got through because of border restrictions, a top United Nations official said on Thursday.

International donors pledged the aid money in March to help the Palestinian economy and rebuild Gaza after a three-week Israeli military offensive against the coastal strip’s Hamas rulers.

But John Ging, head of the UN Relief and Works Agency in Gaza, said Gaza had still not benefited from any of the aid because of restrictions on the flow of goods into the territory.

“There is no prospect of recovery or reconstruction until we can get access for construction materials,” Ging said.

“Billions of dollars were pledged for recovery and reconstruction and yet none of that can actually connect with those whose lives were destroyed,” he told a news briefing during a trip to European Union headquarters in Brussels.

Israel has said it had opened Gaza’s border to larger amounts of food and medicine since the December-January offensive against Hamas militants who control the Palestinian territory and were firing rockets into Israeli towns.

The war destroyed some 5,000 homes and, according to figures from a Palestinian rights group, killed over 1,400 people. Israel has challenged this figure, stating that a total of 1,166 Palestinians were killed in the operation, the majority of whom were Hamas militants.

Since Hamas ousted Western-backed Palestinian President Mahmoud Abbas’ Fatah from Gaza in a bloody 2007 coup, Israel has tightened its blockade of the 45-km strip in an effort to weaken Hamas’s hold on power.

Egypt has also restricted crossings at its border with Gaza.

Ging said the international community should find a solution to the border crossings issue and provide more access to goods and services for the inhabitants of Gaza.

“Today the money is out there in pledges and the people of Gaza continue to subsist in the rubble of their former lives and the attention of the world has sadly moved on, which compounds the despair that people feel,” he said.

Robert Serry, UN Special Coordinator for the Middle East Peace Process, said on a visit to Gaza on Thursday the situation was alarming and warned that issues such as Palestinian reconciliation and secure borders had to be addressed.

“In the absence of real progress on issues like Palestinian reconciliation, open crossings, secure borders and a prisoners- exchange, the potential for renewed violence is ever-present,” Serry said in a statement.

UN retreats after Israel hits out at Gaza report

May 6, 2009

Secretary General rejects further investigation into ‘reckless’ military offensive

By Donald Macintyre in Jerusalem

The Independent, UK,  May 6, 2009

Ban Ki-Moon: The UN secretary-general has attempted to draw a line after criticism of Israel

REUTERS

Ban Ki-Moon: The UN secretary-general has attempted to draw a line after criticism of Israel

The UN secretary-general Ban Ki-moon bowed to pressure from Israel yesterday by trying to limit the impact of a comprehensive critique accusing its military of “recklessness or negligence” in this year’s Gaza offensive.

The official UN report – which Mr Ban himself commissioned – criticised the Israel Defence Forces for breaching the inviolability of UN premises, causing deaths, injuries and damage in seven incidents involving UN installations, and on occasions issuing untrue statements about what had happened.

But in a covering letter attached to his own 27-page summary of the report, leaked last night, the secretary-general bluntly rejected its recommendations for further investigations into whether Israel had breached international law during the offensive, including by its use of white phosphorus.

Mr Ban’s efforts to draw a line under the report – compiled by a UN board of inquiry headed by Ian Martin, the British former head of Amnesty and UN envoy to East Timor – followed an intensive diplomatic effort by Israel to minimise the damage of its findings.

The report says that the IDF was “involved in varying degrees of negligence or recklessness with regard to United Nations premises and to the safety of United Nations staff and other civilians within those premises, with consequent deaths, injuries, and extensive physical damage and loss of property”.

The incidents examined in depth by the inquiry include the mortar attack on 6 January which killed up to 40 civilians outside a UN school in Jabalya being used as a shelter, and the devastating white phosphorus assault on the UN’s field office compound on 15 January which caused extensive damage.

In both cases, says Mr Ban’s summary, the UN is seeking “formal acknowledgement” by the government of Israel that its public statements claiming that Palestinian militants fired from the installations, were “untrue and regretted”. The report also recommends pressing Israel for compensation for the families of dead and injured UN personnel in the attacks.

The report says that the co-ordinates of the Jabalya school had been given to the IDF and that it had been notified of its planned use as a shelter even before Operation Cast Lead began. It notes that at the time of the rport’s drafting a claim that Hamas militants had fired mortars from within the compound and that the school was booby trapped was still on the Israeli foreign ministry website. It adds: “The Board found that there was no fire from within the compound and no explosives within the school.”

The report effectively accuses Israeli forces of repeatedly breaching the principle that “UN personnel and all civilians within UN premises, as well as civilians in the immediate vicinity of those premises, are to be protected in accordance with the rules and principles of international humanitarian law”.

The report also says that the deaths of two children and the injuries caused to 13 other civilians at another UN school used as an improvised shelter on 17 January were “undisputedly” caused by the artillery firing of 155mm shells which contained white phosphorus wedges.

The report also examines other hitherto little reported incidents, including an attack on the Asma UNRWA school in Gaza City, in which three young men, all members of a families taking shelter, were killed as a result of an “undisputed” single aerial missile. In another on a building opposite a UN health centre in the Bureij refugee after which one patient died, there was no warning, the report says. It says that one attack, on an installation in Karni, was probably the work of Hamas.

The report recommends further investigation of other both UN and non-UN related civilian deaths which have given rise to allegations of breaches of international humanitarian law by both the IDF and Hamas.

But in his covering letter Mr Ban says he is “carefully considering” what actions “if any” to take on the 11 recommendations by the inquiry team. Mr Ban goes out of his way to thank Israel for its co-operation in the inquiry. He makes a point – urged on him by Israeli ministers and officials – of speaking out against “continued and indiscriminate” attacks by Hamas. And he said: “I do not plan any further enquiries.”

Israel yesterday rejected the report’s findings and its Foreign Ministry says the inquiry board “has preferred the claims of Hamas, a murderous terror organisation, and by doing so has misled the world”. Defence Secretary Ehud Barak repeated that Israel has “the most moral army in the world” and laid full responsibility for casualties on Hamas.

Iraq rules out extension of U.S. withdrawal dates

May 4, 2009

Reuters, May 3, 2009

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BAGHDAD (Reuters) – Iraq will not extend withdrawal deadlines for U.S. troops set out in a bilateral accord, ending months of speculation about whether U.S. combat troops would stay beyond June in bases in the restive northern city of Mosul.

Government spokesman Ali al-Dabbagh said Iraq was committed to adhering to the withdrawal schedule in the pact, which took effect on January 1, including the requirement to withdraw U.S. combat troops from towns and cities by the end of June and a full withdrawal by the end of 2011.

“These dates cannot be extended and this is consistent with the transfer and handover of responsibility to Iraqi security forces,” Dabbagh said in a statement.

Violence has dropped sharply in Iraq, but suicide bombs and other attacks continue to rock the northern city of Mosul, seen as a final stronghold for Sunni Islamist al Qaeda and other insurgent groups.

The ongoing violence in the city, 390 km (240 miles) north of Baghdad, had prompted speculation that Iraq might grant a waiver for U.S. combat troops to stay in urban bases in Mosul.

Last month, five U.S. soldiers were killed in a suicide attack in Mosul, the single most deadly attack on American forces in more than a year.

Major-General David Perkins, the chief U.S. military spokesman in Iraq, said last week that Mosul might be the one place where U.S. combat troops might stay on beyond June if requested to do so by the Iraqi government.

“It is quite honestly … the one area where you are most likely to possibly see a decision for U.S. forces to remain there, probably more so than any other place, just based on the activity there (and) the capability of Iraqi security forces,” Perkins said.

Even after June, U.S. forces can conduct combat and other operations within cities if authorized by the Iraqi government. A major U.S. base on the outskirts of Mosul, for example, will not be affected.

“There will still be joint patrols in the city — the difference is that now we will ‘drive’ to work so to speak since we won’t be living in the city any longer,” Colonel Gary Volesky, a senior U.S. official in Mosul, said last week.

(Additional reporting by Tim Cocks)

Robert Fisk: A historic day for Iraq – but not in the way the British want to believe

May 2, 2009

The Independent, UK, May 1, 2009 

Brigadier Tom Beckett (right) hands over to Colonel Henry A Kievenaar III at Basra Airbase yesterday

PA

Brigadier Tom Beckett (right) hands over to Colonel Henry A Kievenaar III at Basra Airbase yesterday

One hundred and seventy-nine dead soldiers. For what? 179,000 dead Iraqis? Or is the real figure closer to a million? We don’t know. And we don’t care. We never cared about the Iraqis. That’s why we don’t know the figure. That’s why we left Basra yesterday.

I remember going to the famous Basra air base to ask how a poor Iraqi boy, a hotel receptionist called Bahr Moussa, had died. He was kicked to death in British military custody. His father was an Iraqi policeman. I talked to him in the company of a young Muslim woman. The British public relations man at the airport was laughing. “I don’t believe this,” my Muslim companion said. “He doesn’t care.” She did. So did I. I had reported from Northern Ireland. I had heard this laughter before. Which is why yesterday’s departure should have been called the Day of Bahr Moussa. Yesterday, his country was set free from his murderer. At last.

History is a hard taskmaster. In my library, I have an original copy of General Angus Maude’s statement to the people of Baghdad – $2,000, it cost me, at a telephone auction a few days before we invaded Iraq in 2003, but it is worth every cent. “Our military operations have as their object,” Maude announced, “the defeat of the enemy… our armies do not come into your cities and lands as conquerors or enemies, but as liberators.” And so it goes on. Maude, I should add, expired shortly afterwards because he declined to boil his milk in Baghdad and died of cholera.

There followed a familiar story. The British occupation force was opposed by an Iraqi resistance – “terrorists”, of course – and the British destroyed a town called Fallujah and demanded the surrender of a Shiite cleric and British intelligence in Baghdad claimed that “terrorists” were crossing the border from Syria, and Lloyd George – the Blair-Brown of his age – then stood up in the House of Commons and said that there would be “anarchy” in Iraq if British troops left. Oh dear.

Even repeating these words is deeply embarrassing. Here, for example, is a letter written by Nijris ibn Qu’ud to a British intelligence agent in 1920: “You cannot treat us like sheep… it is we Iraqi who are the brains of the Arab nation… You are given a short time to clear out of Mesopotamia. If you don’t go you will be driven out.”

So let us turn at last to T E Lawrence. Yes, Lawrence of Arabia. In The Sunday Times on 22 August 1920, he wrote of Iraq that the people of England “had been led in Mesopotamia into a trap from which it will be hard to escape with dignity and honour. They have been tricked into it by a steady withholding of information… Things have been far worse than we have been told, our administration more bloody and inefficient than the public knows.” Even more presciently, Lawrence had written that the Iraqis had not risked their lives in battle to become British subjects. “Whether they are fit for independence or not remains to be tried. Merit is no justification for freedom.”

Alas not. Iraq, begging around Europe now that its oil wealth has run out, is a pitiful figure. But it is a little bit freer than it was. We have destroyed its master and our friend (a certain Saddam) and now, with our own dead clanking around our heels, we are getting out yet again. Till next time…

Robert Fisk is Middle East correspondent for The Independent newspaper.  He is the author of many books on the region, including The Great War for Civilisation: The Conquest of the Middle East.

Sri Lanka admits bombing safe zone

May 2, 2009
Al jazeera, May 2, 2009

The images appear to show clear signs of air raids in the ‘no-fire zone’ near Mullaitivu [Unosat]

The Sri Lankan government has admitted carrying out air raids in the so-called no-fire zone in the country’s northeast, where the army is battling Tamil Tiger fighters.

But Palitha Kohona, the Sri Lankan foreign ministry secretary, told Al Jazeera that the raids had been carried out weeks ago and that the military had focused only on the Tamil Tigers’ artillery guns, well away from civilians.

“As long as the retaliation is proportionate, it is perfectly legitimate and what we did exactly was located these guns and retaliated against those guns,” he said.

“I would challenge anybody to say that these shell holes were created once the civilians moved into the area and became occupied by civilians.”

The apparent admission follows the leaking of UN satellite images showing evidence of such attacks, supporting claims by Tamil groups that aircraft had bombed the area the government designated a safe zone in February.

President’s contradiction

But Mahinda Rajapaksa, Sri Lanka’s president, has contradicted Kohona by categorically denying that the military had attacked civilian areas with heavy weapons.

In video

LTTE defector accuses group of civilian murder

“If you are not willing to accept the fact that we are not using heavy weapons, I really can’t help it,” he said.”We are not using heavy weapons. When we say no, it means no. If we say we are doing something, we do it. We do exactly what we say, without confusion.”

The government had for weeks repeatedly denied that its armed forces were using heavy artillery or conducting air raids in the safe zone where it says the Liberation Tigers of Tamil Eelam (LTTE) have been holding civilians as human shields.

Many who have managed to get out say the fighters were indeed holding them against their will, and fired on them to prevent their escape.

Tens of thousands of civilians, along with members of the LTTE, are believed to still be in the 10sq km area.

On April 19, Kohona told Al Jazeera there was no government shelling in the safe zone.

In depth


Interview: ‘Colonel Karuna’, a defector from the LTTE

“Absolutely not, because the government has issued instructions, very strict instructions, to the military not to use aerial bombing or shelling into this area.”But on Friday, confronted by the latest UN satellite imaging agency (Unosat) pictures showing craters which were formed inside the zone between February and April this year, Kohona at first challenged their authenticity before admitting targeting the Tigers’ heavy guns.

He said, however, that it was before civilians flooded the area and maintained that the government adhered to international law.

Detailed images

Unosat says the pictures show craters which were formed inside the zone between February 15 and April 19, the day before the army breached the Tigers’ defences and civilians started to pour out.

Einer Bjorge, head of the mapping unit at Unosat, told Al Jazeera the pattern of the craters would have required air power.

Focus: Sri Lanka

Q&A: Sri Lanka’s civil war

The history of the Tamil Tigers

Timeline: Conflict in Sri Lanka

‘High cost’ of victory over Tigers

Caught in the middle

“The imagery is fairly clear and shows the time, so anybody can study and compare them,” he said.He said the images were also commercially available from the satellite operator.

“Anyone interested in verifying the images can purchase them if they want. It is commercially available to the public,” he said.

“You can’t get any more transparent than that.”

Meenakshi Ganguly, a senior researcher with Human Rights Watch (HRW), told Al Jazeera that the pictures did give evidence that civilians were at risk, saying the government may have “deliberately deceived the international community when they expressed concern about the situation”.

“The pictures do prove that heavy weapons were used and indeed civilian casualties did occur, as shown by UN figures of the death toll since January,” she said.

“In fact, HRW once recorded the sound of shelling which was dropping near a hospital.”

Many civilians who fled the war zone said Tamil Tiger fighters used them as shields [AFP]

Yolanda Foster, an expert on Sri Lanka with Amnesty International, said “real fear” is growing for those trapped in the no-fire zone in light of the admission by Colombo that its forces had carried out raids.”We are very concerned that this flagrant disregard for civilians living inside the ‘safe zone’ has now been admitted [by the Sri Lankan government],” she said.

“The government earlier on in the year was making claims that there were not so many civilians in the safe zone as, for example, the figures that the UN and Red Cross were giving out.

“It is not clear that the government can be trusted on its promises.”

‘Abu Ghraib US prison guards were scapegoats for Bush’ lawyers claim

May 2, 2009

May 2, 2009

Charles Graner plans to appeal against his conviction for abusing prisoners

Charles Graner plans to appeal against his conviction for abusing prisoners

Prison guards jailed for abusing inmates at the Abu Ghraib jail in Iraq are planning to appeal against their convictions on the ground that recently released CIA torture memos prove that they were scapegoats for the Bush Administration.

The photographs of prisoner abuse at the Baghdad jail in 2004 sparked worldwide outrage but the previous administration, from President Bush down, blamed the incident on a few low-ranking “bad apples” who were acting on their own.

The decision by President Obama to release the memos showed that the harsh interrogation tactics were approved and authorised at the highest levels of the White House.

Some of the guards who were convicted of abuse want to return to court and argue that the previous administration sanctioned the abuse but withheld its role from their trials.

The latest reaction to the released memos came as it emerged that the two psychologists hired by the CIA to craft the techniques that were used on terror suspects were paid $1,000 (£673) a day. Neither had carried out nor overseen an interrogation.

Twelve guards at Abu Ghraib were convicted on charges related to the abuse, which included attaching leads to naked prisoners, terrifying them with dogs, beatings and slamming them into walls. The wall-slamming was a technique authorised by Justice Department officials at the time, who also said that the simulated drowning technique known as waterboarding was not considered to be torture.

Charles Gittins, a lawyer who represents Charles Graner, the ringleader of the guards who is serving a ten-year sentence, said that the memos proved his long-held contention that Graner and the other defendants, including his former lover Lynndie England, could never have invented tactics such as stress positions and the use of dogs on their own.

“Once the pictures came out, the senior officials involved in the decision-making, they knew. They knew they had to have a cover story. It was the ‘bad apples’ led by Charles Graner,” Mr Gittins told The Washington Post.

Ms England, a poorly educated Army reservist, was pictured holding a dog leash attached to a naked detainee, and also pointing at another being forced to masturbate. She was convicted in September 2005 of abusing prisoners and one count of an indecent act. She was sentenced to three years in a military prison and was paroled after 521 days. Shortly after leaving Iraq she gave birth to a son fathered by Graner. She lives in her home state of West Virginia.

Mr Gittins said the refusal by the Bush Administration to acknowledge that it had authorised such techniques during the trials of the prison guards — and the judges’ refusal to call senior administration officials to testify — undermined their defences.

Mr Gittins wants to take the case of Graner, who is halfway through his sentence, to the Court of Appeals for the Armed Forces to argue that top Bush Administration officials kept their complicity from the defence.

Gary Myers, a lawyer who represented Ivan L “Chip” Frederick on the abuse charges, said that he was going to try to use the memos to have his client’s dishonourable discharge removed from his record.

“What we know is that we had at the time a rogue government that created an environment where this sort of conduct was condoned, if not encouraged,” he said.

He added, however, that relying on illegal opinions or orders would probably not be a defence.

Iraq insists US troops leave urban areas by June 30

April 29, 2009

Morning Star Online, Tuesday 28 April 2009

THE Iraqi government insisted on Monday that all US troops must pull out of urban areas by June 30, as specified under a deal agreed between Baghdad and Washington in January.

Top US commander in Iraq General Raymond Odierno has talked of possible “exceptions” to the Status of Forces Agreement (SOFA) in light of the spate of deadly suicide bombings that have rocked Baghdad and Mosul in recent weeks.

But Iraqi Defence Ministry spokesman Major General Mohammed al-Askari emphasised that US troops must leave all cities by then and could only return with the permission of the Iraqi government.

“The general position of the Iraq Defence Ministry is to adhere to the timings in the SOFA,” he said.

Since the SOFA went into effect at the beginning of this year, the US military is obliged to get the green light from the Iraqi government before mounting operations.

And it states that US soldiers are liable to face Iraqi justice if they commit crimes off base.

The SOFA faced its first major test on Sunday, when US troops staged a pre-dawn raid in Kut, killing two civilians and detaining six.

After local residents took to the streets in outrage, Prime Minister Nouri Al-Maliki branded the raid a “crime” and a “violation of the security pact.”

The US military released the six detainees and apologised, but that did not placate Sheikh Ahmed Abdul-Munim, who lost his wife and brother in the raid.

Truth commission to proceed despite Obama’s wishes

April 29, 2009

By John Byrne  | The Raw Story,
Published: April 28, 2009

Senate Judiciary Chairman Patrick Leahy (D-VT) plans to proceed with a special commission to investigate alleged Bush administration abuses of power, despite lacking President Barack Obama’s support, according to a report Tuesday.

Sen. Leahy called for a “Truth Commission” in February to probe Bush administration policies on torture, interrogation and surveillance and to — as he puts it — “get to the bottom of what went wrong.” Such an idea would be modeled around truth commissions established in South Africa and Chile, which offered immunity to officials who committed abuses in exchange for the truth.

“Many Americans feel we need to get to the bottom of what went wrong,” Leahy said when announcing his idea in February. “I agree. We need to be able to read the page before we turn the page.”

President Obama, meanwhile, has expressed disinterest in investigating the activities of his predecessor, saying it’s time for the country to move on. Senate Majority Leader Harry Reid (D-NV), says he doesn’t want the commission to begin until an inquiry headed by Senate Intelligence Chairwoman Dianne Feinstein (D-CA) examines the Bush administration’s legal defenses of torture techniques.

But Leahy plans to proceed despite lacking the approval of party leaders, sources familiar with the proposal told Politico’s John Bresnahan Tuesday.

“Leahy plans to move ahead with his proposal anyway,” Bresnahan writes. “While he has not found a GOP co-sponsor for legislation creating a truth commission, Leahy is expected to begin circulating a draft soon.”

In a statement, Leahy said his commission will ultimately jibe with the President’s wishes.

“When I first proposed establishing a nonpartisan commission of inquiry in February, I thought then, as I do now, that it was the best approach to conducting a thorough review of national security policies on detention, interrogation and rendition since Sept. 11,” Leahy said in a statement to Bresnahan. “Whether such a comprehensive review happens immediately or in the weeks and months ahead, the evidence that our country committed torture demands a review of the process by which these flawed policies were developed and implemented. President Obama was correct when he said that any review should be done outside of politics. A nonpartisan commission will accomplish just that.”

Speaking in February, Leahy applauded Obama Attorney General Eric Holder’s decision not to rule out prosecutions during his confirmation hearing.

“There are some who resist any effort to investigate the misdeeds of the recent past,” he said. “Indeed, during the nomination hearing of Eric Holder, some of my fellow Senators on the other side of the aisle tried to extract a devil’s bargain from him in exchange for the votes — a commitment that he would not make… That is a pledge no prosecutor should give and Eric Holder did not give it. But because he did not it accounts for some of the votes against him.”

Some liberals have critiqued the proposal, asserting that Bush officials shouldn’t be granted immunity from prosecution even if they’re forthcoming in a congressional investigation. Conservatives have attacked the proposed commission as a political