[PART I]
“The price of apathy towards public affairs is to be ruled by evil men.”Plato (427-347 B.C.)
“We hang the petty thieves and appoint the great ones to public office.” Aesop (620–560 B.C.)
“When fanatics are on top there is no limit to oppression.” H.L. Mencken (1880-1956), American author
“We’ve got a gang of clueless bozos steering our ship of state right over a cliff, we’ve got corporate gangsters stealing us blind, and we can’t even clean up after a hurricane much less build a hybrid car. But instead of getting mad, everyone sits around and nods their heads when the politicians say, ‘Stay the course.’ Stay the course? … I’ll give you a sound bite: Throw all the bums out!” Lee Iacocca, former CEO of Chrysler Corporation (book: Where Have All the Leaders Gone?)
Whoever is elected president in the coming November 4 American election will inherit a most miserable situation on nearly all fronts. This is because George W. Bush has been one of the worst presidents the U.S. has ever had, if not the worst. It is widely recognized that he was a below average politician who led his country on the wrong track, both domestically and internationally. Today, only a meager 9 percent of Americans dare to say that their country is moving in the right direction.
As a matter of fact, a very large majority of Americans— both Democrats and Republicans, men and women, residents of cities and of rural areas, high school graduates and college-educated— all say that the United States has been headed in the wrong direction under George W. Bush’s stewardship. Bush’s approval rating reflects the lack of confidence that Americans have in him and his administration. In fact, George W. Bush has recorded the lowest approval rating of any president in the 70-year history of the Gallup Poll. And, around the world, the United States has never had a leader who commands so little respect and confidence. Most people in the U.S. and abroad will find satisfaction in seeing his term come to an end.
This is a terrible indictment of the Bush Administration that has presided over America’s destinies for the last eight years. What is more disconcerting, this all came after George W. Bush won the presidential election in 2000, with fewer popular votes than Democratic candidate Al Gore, after a one-judge-majority decision of the Supreme Court, in effect, gave him the presidency. Therefore, this is an administration that had no widespread democratic mandate to do what it has done. And it has done a lot of things wrong. In fact, many people think this has been a morally bankrupt administration.
International disaster: An Illegal and Immoral War of Aggression
At the center of this fiasco, is the fact that the Bush-Cheney administration and its neocon cohort rushed to exploit the 9/11 terrorist attacks and used this as a pretext to implement a preconceived pro-Israel and pro-oil plan in the Middle East. This led them to adopt a simplistic response to Islamist terrorism, barging into complex Middle East societies on elephant feet. But in the process, they have only succeeded in making matters worse and in encouraging more hatred against the U.S. and more terrorism.
Indeed, George W. Bush will be remembered above all as the man who launched an illegal and immoral war of aggression against another sovereign nation, on false pretenses and forged documents, destroying in so doing the entire country of Iraq, and damaging perhaps irreparably the U.S. reputation in the world. As Scott McClellan, Bush’s former Press Secretary during seven long years, stated, Bush and his advisers [in launching the Iraq War] “confused the propaganda campaign with the high level of candour and honesty so fundamentally needed to build and then sustain public support during a time of war”.
Bush’s deception and lies about Iraq in order to initiate a war of aggression, an aggression that is a war crime under the Nuremberg standard established by the U.S., are well documented. Thus, historians will have no difficulty in establishing the fact that the United States, under Bush, acted as a lawless international aggressor.
In initiating a war of aggression, Bush did violate the United Nations Charter, which “prohibits the use of military force” against any nation without the specific approval of the United Nations Security Council. The Security Council never approved the American-led military invasion of Iraq. Therefore, Bush and his crew had no international legal basis to invade Iraq. And they cannot pretend that Congress gave them such an authorization, since it is well known in law that no domestic law can override a signed international treaty in good standing.
In a domestic parallel, George W. Bush and his administration have set up what is probably the most widespread war profiteering system in modern history, through which billions and billions of dollars were misappropriated and wasted. At the same time as they were adopting a permanent war posture abroad, they were irresponsibly calling at home for a 674 billion dollar tax cut for their rich supporters and pushing up the deficits, of which a large proportion was financed by borrowing abroad.
Illegality and Immorality
On the legal front, this is an administration that has shamed the United States with its illegal actions, with its deliberate and dishonest lies, with its war crimes, its disregard for international treaties, and with its overt disregard of constitutional government.
On the question of lawlessness, the list of missteps the Bush-Cheney administration took outside of the law is too long for a short article as this one. But there are numerous documents to be consulted and it is possible to attempt a short summary.
From the very beginning, the Bush-Cheney administration has dismissed international law and disregarded domestic law. They began by either repudiating or refusing to honor the United States’ international commitments and obligations, thus showing indifference, if not outright hostility, toward international law. They opted out of five important international treaties and commitments: the Kyoto Protocol on Climate Change, the Anti-Ballistic Missile Treaty, the Biological and Toxin Weapons Convention, the Non-Proliferation of Nuclear Weapons Treaty and the International Criminal Court. In so doing, the United States, under the Bush-Cheney administration, has betrayed its international commitments and has moved away from being a moral state, and more and more toward the status of an international rogue state.
This was all confirmed when the Bush-Cheney administration adopted, in September 2002, the Bush Doctrine of preventive war, an internationally illegal and immoral program. Indeed, under existing international law, no country may attack another under false pretenses, nor use military force unilaterally.
This was followed by the even more dangerous and hairy Cheney Doctrine (or the One Percent Doctrine) which is anti-human rights, anti-rule of law and anti-Constitution, because it posits that if there is even a 1% chance American interests are in jeopardy somewhere in the world, unilateral American military interventions are justified, and this without conclusive evidence or extensive analysis. Such hubristic and shoot-from-the-hip foreign policies are a true recipe for international anarchy and thus render a great disservice to humanity.
Domestically, President George W. Bush has introduced the unconstitutional practice of adding signing statements to new laws, stating that he has the right, as President, to violate any section of a law, should he deem it in the national interest to do so. For example, on January 28, 2008, Bush signed into law the repeal of the “Insurrection Act Rider” in the 2006 defense appropriations bill. That rider had given the President sweeping power to use military troops in ways contrary to the Insurrection Act and Posse Comitatus Act and authorized the president to have troops patrol American streets in response to disasters, epidemics, and any “condition” he might cite. But in signing this repeal, Bush attached a signing statement that he did not feel bound by the repeal, thus opening the possibility he could ignore the law any time he saw fit to do so.
Disrespect for Liberty and the U.S. Constitution
As if this were not enough, there was the attempt by the Bush-Cheney regime to suspend and even permanently abolish the more than eight centuries old right of Habeas Corpus. And when the Supreme Court, in a far-reaching decision on June 12, 2008, rebuked the B-C administration’s argument that it had a right to establish concentration camps on U.S.-run properties around the world and hold prisoners indefinitely with no legal recourse, especially at the Guantánamo Bay detention center, President George W. Bush had the gall to criticize the Supreme Court’s decision while on a trip to Europe.
Then Bush embarked upon a program of domestic spying on Americans never before seen in a democracy. He, indeed, removed most of the safeguards that had been erected to protect citizens from illegal and warrantless spying activities by government, thus making a mockery of the U.S. Constitution. In particular, the Bush-Cheney administration did not respect key parts of the U.S. Constitution, especially the Fourth Amendment, which protects against unreasonable searches and seizures. It must said, however, that some Bush Democrats, such as House Speaker Nancy Pelosi (D-CA) and Democratic House Majority Leader Steny H. Hoyer (D – MD) have also willfully and enthusiastically collaborated with George W. Bush in enlarging the government’s spying powers over citizens. On his own, however, George W. Bush did his utmost to make permanent the President’s War Powers, thus making sure that the United States could remain on a permanent war path and be in a position to suspend at will basic constitutional rights.
On top of everything, George W. Bush will be remembered as a politician who authorized torture and indefinite detention of prisoners. Indeed, after Bush willfully suspended the rights accorded prisoners of war by the Geneva Conventions, he was, in fact, officially turning the United States into an immoral nation that openly and unashamedly resorts to torture, thus violating basic rules of morality, international law and a host of international treaties adhered to by the United States. In fact, the Geneva Conventions in its article 3 does not only prohibit torture, but also any cruel, inhuman, degrading, and humiliating treatment of a detainee “in all circumstances.” However, it is not only on the issue of torture that the United States under Bush has become an international pariah.
The Bush-Cheney administration has also operated concentration camps in many countries, holding captive tens of thousands of detainees and hiding them from the Red Cross, the body empowered to monitor compliance with the Geneva Conventions. The Bush-Cheney administration has placed itself outside the civilized world and was nearly alone, last May (2008), in trying to undermine a treaty banning cluster bombs, a type of bombs which have killed so many civilians, when 111 countries signed a treaty outlawing these inhuman weapons. On this occasion, the United States, under Bush-Cheney, sided with a handful of weapons makers and users, none of them known as great defenders of human rights and democracy: Russia, China, Israel, India and Pakistan. The Bush-Cheney administration has truly been a shamelessly immoral administration.
(PART II on Global Research next week)
Rodrigue Tremblay is professor emeritus of economics at the University of Montreal and can be reached at: rodrigue.tremblay@ yahoo.com.
He is the author of the book ‘The New American Empire’.
Visit his blog site at www.thenewamericanempire.com/blog.
Author’s Website: www.thenewamericanempire.com/
Check Dr. Tremblay’s coming book “The Code for Global Ethics” at: www.TheCodeForGlobalEthics.com/
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Peace and Justice Post 
Marjorie Cohn: Obama’s Af-Pak War is Illegal
December 22, 2009by 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
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