Posts Tagged ‘escalating war in Afghanistan’

Marjorie Cohn: Obama’s Af-Pak War is Illegal

December 22, 2009

by Marjorie Cohn, CommonDreams.org, Dec 21, 2009

President Obama accepted the Nobel Peace Prize nine days after he announced he would send 30,000 more troops to Afghanistan. His escalation of that war is not what the Nobel committee envisioned when it sought to encourage him to make peace, not war.

In 1945, in the wake of two wars that claimed millions of lives, the nations of the world created the United Nations system to “save succeeding generations from the scourge of war.” The UN Charter is based on the principles of international peace and security as well as the protection of human rights. But the United States, one of the founding members of the UN, has often flouted the commands of the charter, which is part of US law under the Supremacy Clause of the Constitution.

Although the U.S. invasion of Afghanistan was as illegal as the invasion of Iraq, many Americans saw it as a justifiable response to the attacks of September 11, 2001. The cover of Time magazine called it “The Right War.” Obama campaigned on ending the Iraq war but escalating the war in Afghanistan. But a majority of Americans now oppose that war as well.

The UN Charter provides that all member states must settle their international disputes by peaceful means, and no nation can use military force except in self-defense or when authorized by the Security Council. After the 9/11 attacks, the council passed two resolutions, neither of which authorized the use of military force in Afghanistan.

“Operation Enduring Freedom” was not legitimate self-defense under the charter because the 9/11 attacks were crimes against humanity, not “armed attacks” by another country. Afghanistan did not attack the United States. In fact, 15 of the 19 hijackers hailed from Saudi Arabia. Furthermore, there was not an imminent threat of an armed attack on the United States after 9/11, or President Bush would not have waited three weeks before initiating his October 2001 bombing campaign. The necessity for self-defense must be “instant, overwhelming, leaving no choice of means, and no moment for deliberation.” This classic principle of self-defense in international law has been affirmed by the Nuremberg Tribunal and the UN General Assembly.

Bush’s justification for attacking Afghanistan was that it was harboring Osama bin Laden and training terrorists, even though bin Laden did not claim responsibility for the 9/11 attacks until 2004. After Bush demanded that the Taliban turn over bin Laden to the United States, the Taliban’s ambassador to Pakistan said his government wanted proof that bin Laden was involved in the 9/11 attacks before deciding whether to extradite him, according to the Washington Post. That proof was not forthcoming, the Taliban did not deliver bin Laden, and Bush began bombing Afghanistan.

Bush’s rationale for attacking Afghanistan was spurious. Iranians could have made the same argument to attack the United States after they overthrew the vicious Shah Reza Pahlavi in 1979 and the U.S. gave him safe haven. If the new Iranian government had demanded that the U.S. turn over the Shah and we refused, would it have been lawful for Iran to invade the United States? Of course not.

When he announced his troop “surge” in Afghanistan, Obama invoked the 9/11 attacks. By continuing and escalating Bush’s war in Afghanistan, Obama, too, is violating the UN Charter. In his speech accepting the Nobel Peace Prize, Obama declared that he has the “right” to wage wars “unilaterally.” The unilateral use of military force, however, is illegal unless undertaken in self-defense.

Those who conspired to hijack airplanes and kill thousands of people on 9/11 are guilty of crimes against humanity. They must be identified and brought to justice in accordance with the law. But retaliation by invading Afghanistan was not the answer. It has lead to growing U.S. and Afghan casualties, and has incurred even more hatred against the United States.

Conspicuously absent from the national discourse is a political analysis of why the tragedy of 9/11 occurred. We need to have that debate and construct a comprehensive strategy to overhaul U.S. foreign policy to inoculate us from the wrath of those who despise American imperialism. The “global war on terror” has been uncritically accepted by most in this country. But terrorism is a tactic, not an enemy. One cannot declare war on a tactic. The way to combat terrorism is by identifying and targeting its root causes, including poverty, lack of education, and foreign occupation.

In his declaration that he would send 30,000 additional U.S. troops to Afghanistan, Obama made scant reference to Pakistan. But his CIA has used more unmanned Predator drones against Pakistan than Bush. There are estimates that these robots have killed several hundred civilians. Most Pakistanis oppose them. A Gallup poll conducted in Pakistan last summer found 67% opposed and only 9% in favor. Notably, a majority of Pakistanis ranked the United States as a greater threat to Pakistan than the Taliban or Pakistan’s arch-rival India.

Many countries use drones for surveillance, but only the United States and Israel have used them for strikes. Scott Shane wrote in the New York Times, “For the first time in history, a civilian intelligence agency is using robots to carry out a military mission, selecting people for targeted killings in a country where the United States is not officially at war.”

The use of these drones in Pakistan violates both the UN Charter and the Geneva Conventions, which prohibit willful killing. Targeted or political assassinations-sometimes called extrajudicial executions-are carried out by order of, or with the acquiescence of, a government, outside any judicial framework.  As a 1998 report from the UN Special Rapporteur noted, “extrajudicial executions can never be justified under any circumstances, not even in time of war.” Willful killing is a grave breach of the Geneva Conventions, punishable as a war crime under the U.S. War Crimes Act. Extrajudicial executions also violate a longstanding U.S. policy.  In the 1970s, after the Senate Select Committee on Intelligence disclosed that the CIA had been involved in several murders or attempted murders of foreign leaders, President Gerald Ford issued an executive order banning assassinations.  Although there have been exceptions to this policy, every succeeding president until George W. Bush reaffirmed that order.

Obama is trying to make up for his withdrawal from Iraq by escalating the war on Afghanistan. He is acting like Lyndon Johnson, who rejected Defense Secretary Robert McNamara’s admonition about Vietnam because LBJ was “more afraid of the right than the left,” McNamara said in a 2007 interview with Bob Woodward published in the Washington Post.

Approximately 30% of all U.S. deaths in Afghanistan have occurred during Obama’s presidency. The cost of the war, including the 30,000 new troops he just ordered, will be about $100 billion a year. That money could better be used for building schools in Afghanistan and Pakistan, and creating jobs and funding health care in the United States.

Many congressional Democrats are uncomfortable with Obama’s decision to send more troops to Afghanistan. We must encourage them to hold firm and refuse to fund this war. And the left needs to organize and demonstrate to Obama that we are a force with which he must contend.

Marjorie Cohn is a professor at Thomas Jefferson School of Law and past President of the National Lawyers Guild.  She is the author of Cowboy Republic: Six Ways the Bush Gang Has Defied the Law and co-author of Rules of Disengagement: The Politics and Honor of Military Dissent (with Kathleen Gilberd).  Her anthology, The United States and Torture: Interrogation, Incarceration and Abuse, will be published in 2010 by NYU Press. Her articles are archived at www.marjoriecohn.com

Stop the War Coalition demonstration in London

October 26, 2009

Dr George Barnsby, The Barnsby Blog, No. 957, October 26, 2009

Today’s website of Barack Obama again shows a splendid animated portrait of the President’s First Lady but the question of whether she is more warlike than the President who promised so much to the world only a month ago be stating that he would ban all nuclear weapons, but has only of yet intensified the conflict by sending more troops to Afghanistan and elsewhere. Today we have had reports of the great demonstration in London which the Observer  reported  held up the traffic in Central London as  the tens of thousands of protesters marched from Hyde Party to Trafalgar Square
in a series of event organised by the Stop the War Coalition. Highlights were the procession being led by Lance Corporal Joe Glenton who bids fair to become a national hero at the same time as he is prosecuted by the military for refusing to return to the fighting in Afghanistan .No less heroic are the parents of soldiers who have perished in the conflict. Peter Brierley whose son was killed in Iraq in 2003 who refused to shake hands with Tony Blair and told him he had blood on his hands for which he would pay. He also was leading the parade whose theme, of course, was the ending of wars, bringing the troops home and allowing their peoples to solve their own
problems.

Continues >>

US Army chief sees Iraq, Afghanistan occupations continuing for a decade

May 29, 2009
By Bill Van Auken | wsws.com, May 29,  2009

The chief of staff of the US Army, Gen. George Casey, said this week that the American military is preparing to continue its interventions in Iraq and Afghanistan for at least another decade.

In an invitation-only interview Tuesday with selected reporters and think tank representatives, Casey said that the protracted US occupation of the two countries was necessary in order to meet a “sustained US commitment to fighting extremism and terrorism in the Middle East,” the Associated Press reported.

Casey’s remarks came amid mounting signs that the US attempts to pacify Iraq are coming unraveled, even as the Obama administration is carrying out new deployments that will double the number of troops in Afghanistan to 68,000.

Two more US military personnel were killed this week, bringing the death toll in May to the highest level since September of last year. The total number of US troops killed since the Bush administration launched the invasion of Iraq in March 2003 has risen to 4,302.

Meanwhile, for Iraqis, last month was the bloodiest in over a year, with more than 500 killed in a series of suicide bombings and sectarian killings.

The latest attack claimed the lives of an American soldier and four Iraqi civilians Wednesday, when a roadside bomb was detonated as an American convoy drove through Abu Ghraib, the western district of Baghdad that was home to the US detention center where Iraqis were subjected to systematic torture and abuse. The facility has since been turned over the Iraqi security forces to run.

The Pentagon also released the name of another member of the US military killed on Tuesday. Navy Cmdr. Duane Wolfe, 54, the head of the Army Corps of Engineers operations in Iraq’s Anbar province, was killed with two other individuals when a bomb exploded under his vehicle near the city of Fallujah.

Meanwhile, there are growing indications that one of the principal props of the so-called surge launched by the Bush administration in 2007 is beginning to crumble. The “Awakening Movement,” or Sahwa, which consisted of largely Sunni militias, many drawn from former insurgents, was employed as a neighborhood security force, with members paid as much $300 a month by the US military.

Last fall, Washington turned over responsibility for the militias to the predominantly Shiite Iraqi government, which has largely halted payments and reneged on its pledge to employ some 20 percent of the militiamen in the security forces and other government agencies.

Moreover, Awakening Movement leaders have been targeted for arrest, and there have been clashes between their members and the security forces. On Thursday, the Iraqi army arrested another leader of one of the militia groups at his home in Baquba, northeast of Baghdad.

“The Americans made the Sahwa militias to fight Al Qaeda, then they abandoned them,” another Awakening leader, Sheik Ali Hatem Sulaiman, told USA Today. “The heads of Sahwa are beginning to feel it would have been better to stay with Al Qaeda.”

According to the AP, Casey stressed that his remarks Tuesday about US troops continuing to occupy Iraq and Afghanistan for another 10 years “were not meant to conflict with Obama administration policies.”

But clearly the preparations that the Army’s top officer is discussing make a mockery of the so-called withdrawal plan put forward by the White House. Under the timetable announced by President Obama in February, US “combat troops” are supposed to leave Iraq by August of next year, with all US military forces out of the country by the end of 2011.

This hardly comes as a surprise. Top military commanders have been hinting for months that conditions on the ground in Iraq may force a scrapping of the timetable.

Already, US commanders have made it clear that the supposed deadline of June 30 for the withdrawal of US troops from Iraqi cities is more illusory than real. American units will continue combat operations in the northern city of Mosul, where simmering conflicts between Arabs and Kurds threaten to erupt into a new phase of civil war.

Thousands of troops will continue operating in Baghdad as well as in Diyala province north of the capital. In other areas where troops are pulled back to bases, they will continue carrying out raids on Iraqi cities, while formally maintaining that such attacks must be approved by the Iraqi regime.

As for the second phase, the withdrawal of “combat troops” in August 2010, Pentagon officials have indicated that they will merely reclassify units currently listed as combat troops, calling them support or training units in order to maintain a substantial occupation force within the country.

Meanwhile, Adm. Michael Mullen, chairman of the Joint Chiefs of Staff, called into question the 2011 final withdrawal deadline during an interview on the ABC News program “This Week” last Sunday. “We’ll have to see,” said Mullen. “The next 12 to 18 months are really critical in that regard.”

Mullen went on to stress that Washington was forging a “long-term relationship” with Iraq and that “part of that is the possibility that forces could remain there longer—that’s up to the Iraqi people and the Iraqi government.”

The withdrawal dates are written into the status of forces agreement signed by Washington and Baghdad. Prime Minister Nouri al-Maliki has repeatedly insisted that these deadlines will be enforced. This is believed to be largely for public consumption in Iraq, however, where the population is overwhelmingly opposed to the US occupation. Behind the scenes, US and Iraqi officials are agreeing to override the timetable and keep American forces in place.

Jane Arraf of the Christian Science Monitor reported last week that, as part of the attempt to maintain the fiction that the deadline for withdrawing from Iraqi cities is being observed, US occupation commanders and the Iraqi regime agreed to re-draw the map of Baghdad. It declared that Base Falcon in the Rasheed district of Baghdad was outside the city limits so that 3,000 US troops deployed there can continue patrolling the tense southern part of the capital.

While openly declaring that his “reality scenario” is “10 Army and Marine units”—more than 50,000 troops—”deployed for a decade in Iraq and Afghanistan,” he expressed concern that the military would not be able “to draw down in Iraq close to the schedule we have set.”

“It would be very difficult to sustain the current levels of commitment here for very much longer,” the general said, referring to the 139,000 American soldiers and Marines now deployed in Iraq.

With the Obama administration escalating the war in Afghanistan—Casey warned that “there’s going to be a big fight in the south”—and extending the intervention into Pakistan, the strain on the US military has never been greater. The Army chief said that with the buildup in Afghanistan, the military now has 10,000 more troops deployed in the two wars than it did under the Bush administration.

An attempt to continue deployments at current levels, with back-to-back troop deployments, he warned would “bring the Army to its knees.”

Among the starkest indications of the immense toll that nearly eight years of war and occupation in Afghanistan and more than six in Iraq are taking on the US military is a record suicide rate in the Army—more than double what it was in 2004—and the growing incidence of mental problems, with more than 13,000 cases of post-traumatic stress disorder being diagnosed by Army doctors last year. (See “US: Army base ordered on stand-down after multiple suicides”)

In remarks delivered earlier this month, Casey pointed to the same stress upon the military, stating that there was a “thin red line,” which, if it were crossed, would “break” the Army. “You can fix this two ways,” he said, “increase the forces, or decrease the need.”

It is evident that the need for cannon fodder will not decrease as Washington escalates its military interventions. Increasing the forces in a substantial way calls into question the viability of the “volunteer” military and raises the prospects of the reinstitution of military conscription.

What is perhaps most remarkable about Casey’s matter-of-fact declaration that the US will be waging colonial-style warfare in Iraq and Afghanistan for at least another 10 years—and, as he indicated, carrying out new wars elsewhere on the planet—is its failure to arouse any serious coverage in the “mainstream” media, much less any hint of protest from within the political establishment.

While Barack Obama owes his election to the presidency in large part to the deep-going antiwar sentiments in the American population, the move by his administration to escalate US militarism and increase the number of American troops sent into battle enjoys the support of America’s ruling elite and both of its major parties.

The consensus behind the continuation and escalation of the US wars of aggression found unmistakable expression in the approval by an overwhelming 86-3 vote in the US Senate of more than $91 billion to continue funding the two wars through September.

The absence of opposition raises the obvious question of why there was at least the pretense of dissent from the Bush administration’s war policy within the Democratic Party. Clearly, it was not a matter of opposition to wars of aggression or imperialist foreign policy. The Democrats no less than the Republicans remain committed to achieving the original aims of the two wars: countering American capitalism’s economic decline by using military means to assert US hegemony over geo-strategically vital, oil-rich regions of the planet

What differences that existed were largely a matter of tactics, not strategy; style and not substance.

While the ruling establishment uses the Obama administration to create an air of political consensus for American militarism within official Washington, the hostility to these wars is only deepening among broad masses of working people. More and more, this opposition will come together with struggles against the escalating attacks on jobs and living standards, creating the conditions for social and political explosions in the US itself.

Day of the Dead: Mourning the Victims of Empire

May 26, 2009

By Cindy Sheehan | Counterpunch, May 25, 2009

I was on an airplane flying to Orange County from Sacramento to attend the al-Awda Conference; which is a Palestinian Right’s Conference. Al-Awda translates to “The Returning, ” when the Pilot’s voice filled the cabin to make an announcement that I think went unnoticed by most of my fellow passengers, but I heard it.

As the plane was on the approach to John Wayne airport, the Captain came on the intercom to remind us all to “remember our brave troops who have died for our freedom.” Even in this post 9-11 paranoid paradigm, if I wasn’t belted in for landing, I would have popped out of my seat at 13D and charged up to the cockpit to let the pilot know that my son was killed in Iraq and not one person anywhere in this world is one iota more free because he is dead.

As a matter of fact, the people of Iraq, the foreign country thousands of miles away where my oldest child’s brains, blood, and life seeped into the soil, are not freer, unless one counts being liberated from life, liberty and property being free. If you consider torture and indefinite detention freedom, then the Pilot may have been right, but then again, even if you do consider those crimes freedom, it does not make it so.

Here in America we are definitely not freer because my son died, as a matter of fact, our nation can spy on us and our communications without a warrant or just cause and we can’t even bring a 3.6 ounce bottle of hand cream into an airport or walk through a METAL detector with our shoes on. Even if we do want to exercise our Bill of Rights, we are shoved into pre-designated “free speech” (NewSpeak for; STFU, unless you are well out of the way of what you want to protest and shoved into pens like cattle being led to slaughter) zones and oftentimes brutally treated if you decide you are entitled to “free speech” on every inch of American soil.

If you watch any one of the cable news networks this weekend between doing holiday weekend things, you will be subjected to images of row upon row of white headstones of dead US military lined up in perfect formation in the afterlife as they were in life. Patriotic music will swell and we will be reminded in script font to “Remember our heroes,” or some such BS as that.

Before Casey was killed, a message like that would barely register in my consciousness as I rushed around preparing for Casey’s birthday bar-be-que that became a family tradition since he was born on Memorial Day in 1979. If I had a vision of how Memorial Day and Casey’s birthday would change for my family, I would have fled these violent shores to protect what was mine, not this murderous country’s. Be my guest, look at those headstones with pride or indifference. I look at them, now with horror, regret, pain and a longing for justice.

I can guarantee what you won’t see this holiday weekend are images of the over one million Iraqi dead. Say we assign, in an arbitrary way for purely illustrative purposes, an average height of 5 feet for every person killed in Iraq and then lined those people up from head to toe. That gruesome line would stretch from Los Angeles to Portland, Oregon…950 driving miles up Interstate 5. If we count the Iraqis who have been forced to flee, we would have to go back and forth between L.A. and Portland another four times.

There are obscene amounts of people who have been slaughtered for the US Profit Driven Military Empire who do not count here in America on any day. People in Vietnam are still dying from the toxins dumped on their country by the US, not to mention the millions who died during that war. Let the carnage escalate in Afghanistan while we protect our personal images by turning a blind eye to Obama’s war crimes. Are you going to feel a lump of pride in your bosom when the coffins start to be photographed at Dover for this imperial crime of aggression? Will you look at those flag-draped boxes of the lifeless body of some mother’s child and think: “Now, I am free.” Is it better to be dead when Obama is president?

A tough, but real, aspect of this all to consider is, how many of the soldiers buried in coffins in military cemeteries killed or tortured innocent people as paid goons for Empire? To me, it is deeply and profoundly sad on so many levels. If I have any consolation through all of this, I learned that my son bravely refused to go on the mission that killed him, but he was literally dragged onto the vehicle and was dead minutes later before he was forced to do something that was against his nature and nurture.

Casey will always be my hero but he was a victim of US Imperialism and his death should bring shame, not pride, as it did not bring freedom to anyone. I will, of course, mourn his senseless death on Memorial Day as I do everyday.

However, we do not need another day here in America to glorify war which enables the Military Industrial Complex to commit its crimes under the black cloak of “Patriotism.”

From Palestine to Africa to South America, our quest for global economic domination kills, sickens, maims or oppresses people on a daily basis and about 25,000 children per day die of starvation. I am not okay with these facts and I am not proud of my country.

I will spend my reflective time on MD to mourn not only the deaths of so many people all over the world due to war, but mourn the fact that they are the unseen and uncared for victims of US Empire.