Archive for the ‘War Criminals’ Category

Gaza: When Drones Become Indiscriminate

July 1, 2009

By Jerrold Kessel and Pierre Klochendler | Inter Press Service

JERUSALEM, Jun 30 (IPS) – The concerted effort of international human rights activists to rein in violations of laws of war was given a major impetus when Human Rights Watch researchers presented a report Tuesday on the unbridled use by the Israeli military of unmanned combat aerial vehicles (UCLAV), commonly known as drones, during Israel’s 22-day assault on Hamas in Gaza at the beginning of the year.

Entitled ‘Precisely Wrong’, the Human Rights Watch (HRW) report focuses on six cases of Israeli drone-launched missile attacks in which 29 Palestinian civilians, eight of them children, were killed. Based on cross-referenced eyewitness accounts corroborated by doctors, as well as ballistics and forensic evidence collected on the attack sites, the report asserts that “in none of the cases did HRW find evidence that Palestinian fighters were present in the immediate area of the attack at the time.

Continued >>

Victims of Israel’s Gaza invasion give evidence to UN mission

June 29, 2009

By Donald Macintyre in Gaza City | The Independent/UK,  June 29, 2009

Harrowing testimony by bereaved victims of Israel’s military onslaught on Gaza was heard yesterday in the first public session in Gaza City of a UN factfinding mission led by a prominent South African judge.

Israel has refused to co-operate with the enquiry, and Judge Richard Goldstone’s team was obliged to enter Gaza through the Egyptian border post in Rafah. It had also hoped to travel to southern Israel to hear testimony from Israeli victims of rocket attacks from Gaza but says it will now do so in Geneva next month. Israeli witnesses may be flown to Geneva to give evidence at UN expense as the team is barred from Israel.

Judge Goldstone, a Jew and an eminent lawyer on the board of Human Rights Watch, is also a former governor of Hebrew University in Jerusalem. He said: “The purpose of the public hearings in Gaza and Geneva is to show the faces and broadcast the voices of victims – all of the victims.”

He told witnesses at the start of the hearing that the judges knew “it is not easy, and how painful it is” to tell their stories.

Moteeh Silawi, an imam from Jablaya, graphically described leading his blind father, aged 91, across scattered body parts after 17 worshippers were killed by flying shrapnel from an explosion just outside its door during evening prayers on 3 January. Mr Silawi, who lost three brothers and two nephews, including a four year old, said: “I saw bloodshed in the mosque. Can you imagine such a shock? I never thought it would be possible [for] a house of God, a house of worship, to be targeted by missiles.”

The team heard evidence from the Deeb family which lost 11 of its members, including five children, in the same series of mortar rounds that killed up to 40 people on 6 January near al-Fakhoura UN School in Jabalya, which was being used as a shelter. They also heard from Wael Samouni who survived an attack that killed 29 of his extended family on 5 January after they had taken shelter in his warehouse in Zeitoun.

Tony Blair and Gordon Brown to blame over Iraq war, says Army report

June 29, 2009

By Rupert Hamer | The Mirror/UK, June 28, 2009

Tony Blair visits gaza (pic: Getty)

A secret report by Army bosses to be presented to the Iraq war inquiry blames Tony Blair and Gordon Brown for the botched occupation of the country.

The dossier – prepared for ex-military chief General Sir Mike Jackson – criticises then Chancellor Mr Brown for withholding funds to rebuild Basra for FIVE months after our troops went in. And the 100-page document attacks Mr Blair for “uncritically” accepting flawed US plans for the March 2003 invasion, which led to tens of thousands of deaths, including those of 179 British troops.

The report – Stability Operations in Iraq – will not be officially made public because the inquiry’s head, Sir John Chilcot, ruled all documents will remain secret.

But the contents have been leaked to the Sunday Mirror.

We can reveal that a lack of cash for the operation meant British troops sent to fight in Iraq:

Used mobile phones to communicate in combat because radios did not work.

Were forced to leave wounded soldiers on the battlefield for an average of two-and-half hours before getting them to a field hospital.

Needed more “spy in the sky” aircraft to track rebel fighters.

Lacked machine guns, night- vision equipment and grenade launchers when protecting supply convoys.

Were in danger of breaching the Geneva Convention by having so few resources. The convention says occupiers must provide vital services such as humanitarian aid and water.

In a broadside at the then PM Mr Blair, the report says the battle for the hearts and minds of ordinary Iraqis was lost because of a lack of planning and the five-month delay in starting to rebuild their country.

It says: “The failures to plan… seriously hindered Coalition chances of stabilising post-Saddam Iraq. The lack of improvements to essential services and the standard of living together with disorder meant many locals who were ‘sitting on the fence’ were not persuaded to support the Coalition.”

It was only after riots in Basra in August 2003 that Mr Brown agreed to release £500million for reconstruction work, the report says.

And it contradicts six years of Government spin which claimed ordinary Iraqis backed the “liberation”, saying troops “found themselves fighting insurgents without clear support (from local people)”.

MOST DAMNING CONCLUSIONS:

Flawed US plans were rubberstamped by Blair

Brown blocked vital funding for five months

It took mass rioting in Basra to make him pay up

Chaos lost us the battle for Iraqi hearts & minds

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

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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 >>

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…

Tony Blair pushed Gordon Brown to hold Iraq war inquiry in private

June 21, 2009

• Former PM feared facing ‘show trial’
• Leak reveals plan to provoke invasion

Prime Minister Tony Blair

Tony Blair announces on 20 March 2003 that British servicemen and women are engaged from air, land and sea in the war against Iraq. Photograph: PA

Tony Blair urged Gordon Brown to hold the independent inquiry into the Iraq war in secret because he feared that he would be subjected to a “show trial” if it were opened to the public, the Observer can reveal.

The revelation that the former prime minister – who led Britain to war in March 2003 – had intervened will fuel the anger of MPs, peers, military leaders and former civil servants, who were appalled by Brown’s decision last week to order the investigation to be conducted behind closed doors.

Blair, who resisted pressure for a full public inquiry while he was prime minister, appears to have taken a deliberate decision not to express his view in person to Brown because he feared it might leak out.

Instead, messages on the issue were relayed through others to Sir Gus O’Donnell, the cabinet secretary, who conveyed them to the prime minister in the days leading up to the announcement of the inquiry last week.

A Downing Street spokesman last night said: “We have always been clear that we consulted a number of people before announcing the commencement of the inquiry, including former government figures. We are not going to get into the nature of those discussions.”

Blair is believed to have been alarmed by the prospect of giving evidence in public and under oath about the use of intelligence and about his numerous private discussions with US President George Bush over plans for war. A spokesman for the former Labour leader would only say last night: “This was a decision for the current prime minister, not for Tony Blair.”

The Observer reveals today that six weeks before the war, at a meeting in Washington, the two leaders were forced to contemplate alternative scenarios that might trigger a second UN resolution legitimising military action.

Bush told Blair that the US had drawn up a provocative plan “to fly U-2 reconnaissance aircraft, painted in UN colours, over Iraq with fighter cover”. Bush said that if Saddam fired at the planes, he would put Iraq in breach of UN resolutions and legitimise military action.

Last night, Nick Clegg, the Liberal Democrat leader, whose party opposed the war from the outset, said: “If this is true about Blair demanding secrecy, it is outrageous that an inquiry into the biggest foreign policy disaster since Suez is being muzzled to suit the individual needs of the man who took us to war.”

Brown provoked uproar in the Commons on Monday when he announced the inquiry’s scope, membership and remit. Following protests from military leaders and mandarins, including former cabinet secretary Lord Butler, he announced a partial retreat on Thursday, asking the inquiry chairman, Sir John Chilcot, to consider opening a few sessions to the public.

But the move did not ease pressure for a total climbdown. Last night, Brown appeared cornered as MPs of all parties prepared for a Commons debate on Wednesday in which they look certain to back calls for the inquiry to hold sessions in public “whenever possible”.

A Tory motion likely to win wide cross-party backing also calls for the committee to include military experts. The Lib Dems are demanding that it also include constitutional and legal experts to assess the legality of the invasion.

In a sign that the government is preparing to retreat, Chilcot is to meet both Clegg and the Conservative leader, David Cameron, on Tuesday, before the debate. MPs believe that he may then announce a bigger public element to the inquiry in order to avoid the humiliation for Brown of defeat in the Commons.

Chilcot will come under pressure from both leaders to open up the inquiry. Clegg wants a guarantee that witnesses such as Blair will give evidence under oath, while Cameron will ask if the committee can issue an interim report early next year, ahead of a likely spring election.

The Tories say that if Brown does not order a U-turn, an incoming Conservative government will “reserve the right” to widen the scope of the inquiry and increase its powers where necessary after an election.

Sir Christopher Meyer, who was the British ambassador in Washington in the run-up to the war and is likely to be called to give evidence to the inquiry, yesterday backed calls to make it public. “It should be open,” he said. “I think it should also have powers of subpoena and people should give evidence on oath. I would be perfectly comfortable with that.”

He said the case for openness was increased because there had been “a ton of stuff” published in the US, both via official inquiries and in memoirs written by key players, making public what had previously been confidential. “I would be perfectly happy for the whole embassy archive in Washington [to be disclosed],” he added. “I haven’t got a problem with that being made available. Things were very sensitive then, but this is 2009.”

On his blog, Alastair Campbell, Blair’s former spin doctor, says that “on balance” he believes Brown was right to order the inquiry to be held in private. “I can see the arguments for both sides – openness and transparency favours a public inquiry, but it may well be that the inquiry will do a better job freed from the frenzy of 24-hour media.”

In a letter to the Observer, a group of current and former Labour MPs, headed by Alan Simpson, the chairman of Labour Against the War, demands a complete rethink. “Neither the public nor parliament will understand how the prime minister’s ‘new era of openness’ can begin with an Iraq inquiry held behind closed doors,” says the letter.

Torture: America’s policy, Europe’s shame

June 18, 2009

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.

———————————————————-

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


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.