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, 2010The 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.
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Tags: Bill of Rights, Cheney's policies, Guantanamo Bay prison, national security, Omar Deghayes, President Obama, U.S. Constitution, uantanamo Bay prison
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