The torture memos show how illegal wars turn even the nicest people bad

February 13, 2010

The deceit, the slaughter, the atrocity, the abuse of human rights. Today, Hannah Arendt’s banality of evil is everywhere

Simon Jenkins, The Guardian/UK, Feb 13, 2010

Something is wrong. A ­sensible, clean-living chap such as David ­Miliband wants nothing more ­sinister than to lead the Labour party, yet he finds himself consorting with spies, lawyers, rendition merchants and torturers. His only ­experience of coercion was waterboarding British school teachers with targets and red tape. Now he must defend the interrogators of Guantánamo and explain away the bloodstained cells of Pakistan and Morocco.

Whatever plaudits were due to ­Foreign Office lawyers during the ­Chilcot inquiry have been expunged by this week’s revelation of their antics in trying to conceal details of post-9/11 ­torture by British agents. The security services were clearly implicated in the brutal questioning of the Guantánamo inmate, Binyam Mohamed – treatment so bad as to render his trial unsafe and force his release.

Papers revealed by the high court depict a Foreign Office running about stamping on a stream of embarrassing disclosures, largely because Miliband was desperate not to seem a wimp in front of his hero, Hillary Clinton. We now know that both Miliband and the head of MI5, Jonathan Evans, told an untruth in asserting, as the latter said last October, that British security services do not practise torture, “nor do we collude in torture or solicit others to torture people on our behalf”.

While the definition of torture is moot, at least five relevant incidents in Guantánamo are admitted. On Wednesday, Miliband was forced to hire the maestro of Whitehall autocracy, Jonathan Sumption QC, to demand that the Master of the Rolls censor his damning judgment of Miliband to avoid giving further pain to ministers. We must assume that Miliband did not trust his own lawyers to do this dirty work. All this is because Britain believes that publishing details of what interrogators did to its residents would lead Washington to retaliate by not warning of an ­impending terror attack on London. The belief is absurd.

How did we reach this pass? The answer has taxed philosophers from Socrates to Hannah Arendt. Even the nicest people go to the bad when caught up in ill-conceived, illegal or unjust wars. Socrates wrestled with the duty of obedience to a stupid state. Arendt noted how easily officials drift down the path of horror when they lose sight of the point where morality calls on them to say no. They sink, she said, into “the banality of evil”.

The so-called war on terror saw a politically weak American president seek popularity in redefining a criminal act as a “war between states”. Tony Blair agreed. His assertion to the Chilcot inquiry that “9/11 changed everything” was self-serving. The attack was just the latest in a line of attempted terrorist atrocities by Islamist extremists, albeit one that succeeded horrifically.

To call such crimes acts of war gives them rhetorical force, but in no sense did al-Qaida or its imitators threaten the integrity or security of a western state. These countries are too strong for such threat to be meaningful. The only damage they can do beyond sudden carnage is self-inflicted, by governments that decide to react with exaggerated fear. Yet the pretence of “going to war” has unleashed two of the most destructive, costly and prolonged state-on-state aggressions in half a century.

What is extraordinary is the reluctance of British politics to bring a sense of proportion to the terrorist threat. Every agency of democracy, from parliament to the army, the police and the media, is directed at exaggerating the status and menace of al-Qaida – and thus at doing Osama bin Laden’s work for him.

Some politicians have clearly had doubts. At Chilcot, Jack Straw claimed to have proposed supporting, but not joining, America in Iraq. As it was, his overt backing for the war was, he boasts, critical since “if I had refused, the UK’s participation in the military action would not in practice have been possible”. Given his doubts and the weight of legal advice coming his way, it is hard to see him as anything but a man who lacked the courage of his convictions.

Other cabinet ministers are lining up to express their own doubts about Iraq, as they will one day do about Afghanistan. They say that war is “not my department”, that they “made Tony aware of my reservations”, that it was all America’s fault. Yet such was the deceit of these wars, such has been the ­slaughter, the atrocity against civilians, the torture of prisoners, the abuse of human rights – and so few the resignations – that Arendt’s banality of evil seems everywhere.

Tuesday’s Spectator debate on Afghanistan at the Royal Geographical Society, much attended by soldiers, had the jingoistic quality of Joan Littlewood’s Oh, What A Lovely War!. To the oft-repeated question, why are we there, speakers such as General Lord Guthrie and the historian Andrew Roberts pleaded the party line. It was “to make the streets of London safe”, to create a stable democratic state in Afghanistan that gave no house-room to al-Qaida, even if it took decades and even if the terrorists “moved elsewhere”.

Since this sounded like trying to empty the sea with a spoon, the case for war shifted over the course of the debate. It was to enable Britain “to be a real Nato force”, “to show itself to the world”, “to cut some ice”. The war became a manifestation of patriotism and national potency. Would it not be terrible to be another Germany, France, Sweden, Japan? War did not need just cause, or even efficacy, merely a noble epithet.

The case for being in Afghanistan has become an exercise in verbal sophistry. To Guthrie, we are killing Taliban “to stop them killing us”. To Roberts we are doing so to stop them setting off a dirty nuclear bomb, which would “spread cancer over a 30-mile radius”, a terrorist-appeasing fantasy debunked in John Mueller’s recent Atomic Obsession.

The truth is that mission creep has made this war largely ideological – witness constant ministerial references to Kabul ­corruption, to opium, warlordism and the treatment of women. The streets of London are not being saved in the plains of Helmand, any more than they would be if the fight went to the mountains of Waziristan or the hills of Yemen. To the war party, ­Islam is the problem. It is the regime that must be changed.

Yet an enemy that poses no concerted threat to western territory or western interests has been allowed to damage the west’s liberal tradition. Bush and Blair were brazenly unconcerned with international law. We now have it confirmed that they do not care for the Geneva conventions. Such hard-won restraints on the practice of war, such as not bombing civilian targets, not assassinating leaders, respecting cultural sites, treating prisoners humanely, and sustaining the rule of law back home, have been casually set aside.

Like all bad wars, those in Iraq and Afghanistan taint any who touch them. In the next few days, thousands of ­British troops will, yet again, have to fight to clear some Taliban for a while from some patch of Helmand. Ask the purpose of this fight and the answer makes no sense. The means of war may have advanced since the days of Athenian democracy, but the ends not at all.

Obama Copying Bush-era Detention Policies

February 12, 2010
| Print | E-mail
Written by Thomas R. Eddlem
New American, Thursday, 11 February 2010 06:30
Obama

The neo-conservative Wall Street Journal published two editorials February 9 about the Obama administration’s progressive lurch back toward the blatant Bush-era attack on the Bill of Rights, titling a house editorial “Dick Cheney’s revenge.”

The theme of the editorial was that Obama has adopted Cheney’s policies on national security, and that this was a good thing and evidence that Obama had matured in office because “political and security realities are forcing Mr. Obama’s antiterror policies ever-closer to the former Vice President’s. In fact, the President’s changes in antiterror policy have never been as dramatic as he or his critics have advertised.”

A companion op-ed by columnist William McGurn trumpeted “This weekend, Americans were treated to something new: Barack Obama defending his war policies by suggesting they merely continue his predecessor’s practices. The defense is illuminating, not least for its implicit recognition that George W. Bush has more credibility on fighting terrorists than does the sitting president.”

McGurn’s words were deceptive, as Obama was talking primarily about Bush policies before 9/11 – and not after 9/11 – in the conversation McGurn mentioned. But for the most part, the Wall Street Journal’s assessment of Obama copying the Bush administration’s attacks on the Bill of Rights hit the mark.

President Obama opened his presidency with a pledge to close Guantanamo Bay prison within a year, but the Wall Street Journal has noted: “Mr. Obama’s deadline has come and gone, and Guantanamo remains open.” Obama has indeed continued to detain those at Guantanamo without trial, even though many of those tortured there have proven to be innocent like Omar Deghayes. (Deghayes was permanently blinded by his American torturers. See video below.)

The Wall Street Journal and President Cheney have long cheered the kind of “enhanced interrogation” torture that Deghayes endured. Moreover, they oppose the criminal trials that would have segregated innocents like Deghayes from the actual terrorists at Guantanamo. The Journal noted that Obama’s reluctance to close Guantanamo was due “in part [to] political opposition from Americans — including many Congressional Democrats — who understandably do not want terrorists in their backyards.”

Understandable, they wrote. Maybe it has become “understandable” to the new totalitarian inhabiting the White House, since the Journal correctly noted that after Obama took office “the Justice Department quietly went to court and offered the same legal arguments the Bush Administration made, among them that the President has the power to detain enemy combatants indefinitely without charge.” There will be more innocents tortured under Obama like the innocents under Bush, such as Omar Deghayes, Khalid el-Masri of Germany, and Maher Arar of Canada. The names will be different, but the injustice will be the same.

The Constitution is not unclear about what the federal government is prohibited from doing. The Fifth Amendment prohibits indefinite detention without charges explicitly: “No person shall … be deprived of life, liberty, or property, without due process of law.” The Sixth Amendment requires a jury trial (even if it’s in a military court): “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law.” That means the trial must take place in New York City, where the crime of the September 11 attacks was committed.

Some people claim that the protection of basic rights in the U.S. Constitution applies only to citizens, and that this justifies indefinite detention of foreign detainees who are essentially outside of the protection of the law. But if they ever took the trouble to read the U.S. Constitution and the Bill of Rights, they’d find that they do not grant rights but protect rights that everyone — citizens and foreigners — already have because those rights were endowed by their Creator. The Constitution and Bill of Rights were written to limit the government, and the restrictions on the government are categorical. Those restrictions use absolute words like “all criminal prosecutions” and “no person,” not leaving an exception for “citizens” only.

The Wall Street Journal takes a step further and advises Obama to turn the United States into a full-fledged Soviet Republic, stressing that jury verdicts should have no impact on whether the U.S. should continue to hold detainees:

In the event of an acquittal or an overturned conviction, it would be entirely legitimate under the laws of war to continue holding KSM and the others as enemy combatants. But this would defeat the moral rationale of a trial and require the Administration to explain why it was continuing to detain men whose guilt it had failed to establish in court.

The Journal is also impressed with Obama’s acceleration of Bush administration war-mongering. “He has also ramped up drone strikes against al Qaeda and Taliban operatives in Pakistan,” the Journal noted, turning the Bush administration’s two wars in the Middle East effectively into four wars.

The Wall Street Journal summarizes the issue not as one where politicians are bound to follow the Constitution and its unequivocal mandate to give everyone in prison a trial, but rather in terms of crass political party manoeuvrings: “As long as George W. Bush and Dick Cheney were responsible for keeping Americans safe, Democrats could pander to the U.S. and European left’s anti-antiterror views at little political cost. But now that they are responsible, American voters are able to see what the left really has in mind, and they are saying loud and clear that they prefer the Cheney method.”

The Journal gets most of it wrong. Those who love the Constitution’s protection of basic rights are not all on “the Left” or “Democrats” — indeed, many on the Left have no problem violating such protections when they are in power, as the Obama administration demonstrates.  But in one respect, they are talking about an irrefutable truth. Obama is no better than Bush in following the strict dictates of the U.S. Constitution, and is in some ways worse. Obama has indeed favored the unconstitutional Cheney method thus far.

Forgiveness for Haiti? We should be begging theirs

February 12, 2010

The very idea of Haiti as debtor needs to be abandoned. We in the west should pay arrears for years of violations

If we are to believe the G7 finance ministers, Haiti is on its way to getting something it has deserved for a very long time: full “forgiveness” of its foreign debt. In Port-au-Prince, Haitian economist Camille Chalmers has been watching these developments with cautious optimism. Debt cancellation is a good start, he told al-Jazeera English, but: “It’s time to go much further. We have to talk about reparations and restitution for the devastating consequences of debt.” In this telling, the whole idea that Haiti is a debtor needs to be abandoned. Haiti, he argues, is a creditor – and it is we, in the west, who are deeply in arrears.

Coninues >>

Jordan cracks down on writers critical of CIA ties

February 11, 2010

Middle East Online, First Published 2010-02-11


Muwafaq Mahadin: ‘This (relation) is not suitable for a state’

Prominent writer says Jordan became ‘invested in terrorism’ following its relations with CIA.

AMMAN – A prominent writer and a political activist have been charged with insulting the state after criticising Jordan’s cooperation with the United States in the “war against terror”, a judicial official said on Thursday.

Columnist Muwafaq Mahadin, who writes for the independent daily Al-Arab Al-Yawm, and Sufian Tel were detained on Wednesday after a military prosecutor accused them of “carrying out acts that would harm the reputation of the state as well as ties with a foreign country.”

“The two, who have also been charged with insulting the army, face a five-year jail term if convicted. They were remanded for 15 days pending their trial,” the official said.

Continues >>

Goldstone Facts: The Real Story Behind Israel’s Attack On Gaza

February 11, 2010

Information Clearing House

Deliberate Attacks against the Civilian Population
Factual Findings narrated by Ross Vachon
Factual and Legal findings narrated by Noam Chomsky
Live Testimonies relevant to the Goldstone Report’s Findings

The video also contains live testimonies of Khalid, Kawthar and Samar Abd Rabbo before the UN Fact Finding Mission headed by Justice Richard Goldstone. For more information on this video, please go to www.goldstonefacts.org

Part 1

Part 2

Part 3

Ending the War in Afghanistan

February 11, 2010

By Ron Jacobs, Counterpunch, Feb 11, 2010

Perhaps, there was once a time when most westerners could pretend that the US-led onslaught against the Afghan people was a good thing.  Perhaps they convinced themselves that because the government of that country had allowed Osama Bin Laden to live in the mountains there that there was reason enough to attack his neighbors and destroy what remained of their nation.  Perhaps, too, westerners (especially US citizens) believed that the true purpose of the US-led military mission in Afghanistan was to capture Bin Laden and destroy his terror network.

Continues >>

Israeli Knesset decides not to return confiscated Arab lands

February 11, 2010

Palestinian Information Center , Feb 9, 2010

9_iof-land_300_0.jpg

OCCUPIED JERUSALEM, (PIC)— The Israeli Knesset (parliament) on Monday endorsed the second and third reading of a draft resolution allowing the return of confiscated lands to their real owners if they weren’t utilized but the new resolution excluded the lands confiscated from Palestinian citizens.

Arab Knesset member Dr. Jamal Zahalka condemned the resolution, asserting that the Israeli MPs exerted tremendous efforts to formulate the resolution with the one and only aim that is to bloc any form of justice in dealing with the confiscated Palestinian lands.

“This is not a law for returning the lands … but rather a law to legitimize usurping the Palestinian lands … what kind of democracy that steals the Arab lands because they are Arab only … what kind of equality before the law you are talking about if your main goal is to bloc the owner of the right from retrieving his legal rights … we don’t need your democracy … we don’t need your equality … we need our land that you usurped from us … take your democracy and give us back our land,” Zahalka said before the Knesset.

Chinese activist Liu Xiabao’s appeal rejected

February 11, 2010
Al Jazeera, Feb 11, 2010
Liu Xiabao, left, had co-authored a political paper calling for sweeping reforms [AFP]

A Chinese court has rejected a prominent dissident’s appeal against his 11-year jail term for subversion.

The appeal by Liu Xiaobo, a writer and a former university professor, was turned down after a brief legal hearing in Beijing.

Liu, 54, was first detained in December 2008 after co-authoring a bold manifesto known as Charter 08, which called for sweeping political reform in China and an end to Communist Party dominance.

He was sentenced on December 25 last year on a charge of incitement to subvert state power.

Liu previously spent 20 months in jail for joining the 1989 Tiananmen Sqaure protests, which ended when the government called in the military, killing an unconfirmed number of demonstrators.

Continues >>


Iran: Crackdown’s Torrent of Abuses

February 11, 2010

Rights Violations Mounting as Government Celebrates Revolution’s Anniversary

Human Rights Watch, February 10, 2010

“The Iranian government’s effort to use anniversary celebrations to deflect attention from its human rights violations isn’t going to work.  Instead, it should use the occasion to finally hold the abusers accountable.”

Joe Stork, deputy Middle East director

(Washington, DC) – The scope of the Iranian government’s crackdown on dissent since the disputed June 2009 elections is even broader and the abuses more flagrant than previously reported, Human Rights Watch said in a report released today that documents numerous instances of abuse. The government should immediately release all those still being held for peacefully expressing dissent and make certain that those responsible for human rights abuses are held accountable, Human Rights Watch said.

Continues >>

Secret British files reveal US torture of detainee

February 11, 2010
Middle East Online, First Published 2010-02-11


Britain fought for months to block the release of the information


White House ‘deeply disappointed’ by British court ruling, says could affect future ‘cooperation’.

By Guy Jackson – LONDON

A former Guantanamo Bay inmate was shackled and warned he would “disappear” if he refused to cooperate with US interrogators, Britain revealed Wednesday after losing a lengthy court battle.

The British government sought to downplay suggestions that the publication of the previously secret information concerning the treatment of Binyam Mohamed would damage its intelligence-sharing relationship with the United States.

But the White House said it was “extremely disappointed” by the decision of the court and warned it could affect future US-British cooperation on intelligence.

The seven-paragraph summary was published after Foreign Secretary David Miliband lost his appeal court bid to prevent senior judges from disclosing it.

Britain fought for months to block the release of the information, arguing that doing so would undermine the US’ willingness to share sensitive information with Britain.

But High Court judges ruled there was “overwhelming” public interest in publishing the material and that the risk to national security was “not a serious one”.

The judges said the content of the summary, which describes Mohamed’s treatment as “cruel, inhuman and degrading”, was already in the public domain following a decision in December by a US court in another case.

The redacted information concerns what the CIA told British intelligence officials about “interviews” with Mohamed in Pakistan in 2002, two years before he was taken to Guantanamo.

The summary released by the court said that “at some stage during that further interview process by the United States authorities, BM had been intentionally subjected to continuous sleep deprivation.”

“It was reported that combined with the sleep deprivation, threats and inducements were made to him. His fears of being removed from United States custody and ‘disappearing’ were played upon,” it said.

The summary adds: “It was reported that the stress brought about by these deliberate tactics was increased by him being shackled in his interviews.”

Miliband said however that Britain had “no information” to corroborate Mohamed’s allegations that he had also been subjected to genital mutilation.

He also disclosed that police were investigating allegations of criminal actions by a British official linked to the case.

Ethiopian-born Mohamed, 31, had come to Britain in 1994 seeking asylum.

He was arrested in Pakistan in 2002 while trying to return to Britain and spent nearly seven years in US custody or in countries taking part in the US-run rendition programme of terror suspects.

He claims that in Morocco in 2002 he was questioned using information which could only have come from the British intelligence service.

After a lengthy campaign by his supporters, he became the first prisoner to be released from Guantanamo under President Barack Obama and returned to Britain in February last year.

Miliband said he accepted the court’s judgement, but insisted that Britain’s intelligence-sharing relationship with the US had been at stake in the legal battle, not the content of the summary.

The minister told lawmakers he had spoken to US Secretary of State Hillary Clinton on Tuesday, and Britain would work with US officials to study the implications of the ruling “in the light of our shared goals and commitments.”

The White House criticised the judgment saying the information had been shared “in confidence and with certain expectations.”

“As we warned, the court’s judgment will complicate the confidentiality of our intelligence-sharing relationship with the UK, and it will have to factor into our decision-making going forward,” said Ben LaBolt, a spokesman for President Barack Obama.

The director of Reprieve, the campaign group which has championed Mohamed’s case, accused the government of going to “enormous lengths” to prevent the disclosure of “this tiny fraction” of Binyam’s story.

“They still refuse to admit that he was abused,” said Clive Stafford Smith, adding that the newly released details “are only the tip of the iceberg.”