Contents: The Sir! No Sir! blog is an information clearing house, drawing on a wide variety of sources, to track the unfolding history of the new GI Movement, and the wars that brought the movement to life.
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This article, by Jeremy Scahill, was published by The Nation, October 22, 2009
On Wednesday, a federal judge rejected a series of arguments by lawyers for the mercenary firm formerly known as Blackwater seeking to dismiss five high-stakes war crimes cases brought by Iraqi victims against both the company and its owner, Erik Prince. At the same time, Judge T.S. Ellis III sent the Iraqis' lawyers back to the legal drawing board to amend and refile their cases, saying that the Iraqi plaintiffs need to provide more specific details on the alleged crimes before a final decision can be made on whether or not the lawsuits will proceed.
"We were very pleased with the ruling," says Susan Burke, the lead attorney for the Iraqis. Burke, who filed the lawsuits in cooperation with the Center for Constitutional Rights, is now preparing to re-file the suits. Blackwater's spokesperson Stacy DeLuke said, "We are confident that [the plaintiffs] will not be able to meet the high standard specified in Judge Ellis's opinion."
Ellis's ruling was not necessarily a response to faulty pleadings by the Iraqis' lawyers but rather appears to be the result of a Supreme Court decision that came down after the Blackwater cases were originally filed. In a 5-4 ruling in May 2009 in Ashcroft v. Iqbal, the court reversed decades of case law and imposed much more stringent standards for plaintiffs' documentation of facts before going to trial. According to Ellis's ruling, which cites Iqbal, the Iraqis must now file complaints that meet these new standards.
Judge Ellis, a Reagan appointee with a mixed record on national security issues, rejected several of the central arguments Blackwater made in its motion to dismiss, namely the company's contention that it cannot be sued by the Iraqis under US law and that the company should not be subjected to potential punitive damages in the cases. The Iraqi victims brought their suits under the Alien Tort Statute, which allows for litigation in US courts for violations of fundamental human rights committed overseas by individuals or corporations with a US presence. Ellis said that Blackwater's argument that it cannot be sued under the ATS is "unavailing," adding that corporations and individuals can both be held responsible for crimes and torts. He said bluntly that "claims alleging direct corporate liability for war crimes" are legitimate under the statute.
Ellis also rejected Blackwater's argument that "conduct constitutes a war crime only if it is perpetrated in furtherance of a 'military objective' rather than for economic or ideological reasons." Ellis said that under Blackwater's logic "it is arguable that nobody who receives a paycheck would ever be liable for war crimes. Moreover, so narrow is the scope of [Blackwater's] standard that it would exclude murders of civilians committed by soldiers where there was no legitimate 'military objective' for committing the murders."
"What is important here is that the judge is saying that violations of war crimes can be committed by private people or corporations," says Michael Ratner, president of the Center for Constitutional Rights. He said Ellis's ruling is "an affirmation of the precedent set by CCR thirty years ago" when it brought the first successful Alien Tort suit in 200 years "that those who engage in violations of fundamental human rights abroad can be held liable in the US." Ellis's ruling, he says, "is sympathetic to the idea that the Blackwater case is an appropriate use of the law."
But Ellis also ruled that the Iraqi plaintiffs failed to provide sufficient specific details linking Blackwater's owner Erik Prince to the alleged murders and other crimes in Iraq. In order for the case to proceed against Prince, Ellis wrote, "the complaints must state facts that would allow a trier of fact plausibly to infer that Prince intentionally killed or inflicted serious bodily harm on innocent civilians during an armed conflict and in the context of and in association with that armed conflict." The plaintiffs, Ellis ruled, "have failed to meet this burden."
In a hearing on August 28, Burke said that she has evidence that Prince ordered or directed the killings of innocent Iraqis and at that time asked Judge Ellis permission to later amend her cases if Ellis ruled that, in light of the Iqbal decision, such information was necessary for the cases to proceed. In his ruling, Ellis granted Burke's request in four of the five cases. In one case, involving the alleged murder of a bodyguard for the Iraqi vice president by a drunken Blackwater operative, Andrew Moonen, on Christmas Eve 2006 inside the Green Zone, Ellis found that there was insufficient evidence to suggest Prince "intentionally killed" the bodyguard or that his "conduct proximately caused the decedent's death."
In the four other cases, which include 18 Iraqi civilians allegedly killed by Blackwater, Ellis ruled that Burke could refile her claim with more details about Prince's alleged involvement and the role of the Blackwater corporation in the killings. Ellis found that the cases "could be amended to add factual allegations that would permit plausible inferences that Prince and Xe [Blackwater] defendants ordered killings of innocent Iraqi civilians...and that defendants' conduct proximately caused the injuries or deaths to plaintiffs."
Ellis rejected Burke's allegation that Blackwater engaged in summary executions, saying that under the law such classification of killings "require[s] state action, and none is alleged here." Blackwater also made an argument that the cases should have been tried in Iraq--or that the Iraqis' lawyers should have exhausted that possibility before filing their cases in US courts. Ellis shot down that argument and pointed out that Blackwater's own lawyers admitted that under the Paul Bremer-era Order 17 in Iraq, Blackwater would have immunity for its crimes under Iraqi law. Ellis also rejected Blackwater's claim that punitive damages are not allowed in these types of cases. As Ellis wrote, Blackwater's lawyers "offer no support" for this argument "in the case law or from recognized international treatises."
One of the central thrusts of the Iraqis' suits against Blackwater is that Erik Prince is the head of an organized crime syndicate as defined by the Racketeer Influenced and Corrupt Organizations Act. RICO is a federal statute permitting private parties to seek redress from criminal enterprises who damage their property. Burke and CCR decided to sue Prince and his companies directly rather than his individual employees because they say Prince "wholly owns and controls this enterprise." They allege that Prince directed murders of Iraqi civilians from Blackwater's headquarters in Virginia and North Carolina. Ellis dismissed the claims that the Iraqis have standing under the RICO Act, but ruled that they can file an amended complaint that "Prince ordered or directed the killings allegedly committed in Iraq from within the United States, and that such conduct proximately caused the damage allegedly suffered by the RICO plaintiffs." In one of the cases, Ellis ruled that the four-year statute of limitations had expired for a RICO claim.
On August 3, lawyers for the Iraqis submitted two sworn declarations from former Blackwater employees alleging that Prince may have murdered or facilitated the murder of individuals who were cooperating with federal authorities investigating the company. One former employee alleged that Prince "views himself as a Christian crusader tasked with eliminating Muslims and the Islamic faith from the globe," and that Prince's companies "encouraged and rewarded the destruction of Iraqi life." What role, if any, these allegations will play in the amended complaints is unclear, but Burke insists she has evidence to back up all of her allegations.
Burke's case is also bolstered by the evidence the US government will present in its criminal case against Blackwater forces. On September 7, federal prosecutors in Washington, DC, submitted papers in the criminal case against five Blackwater operatives for their alleged role in the 2007 Nisour Square shooting in Baghdad that killed seventeen Iraqi civilians and wounded more than twenty others. Burke is representing many of these families in her civil case. Blackwater forces "fired at innocent Iraqis not because they actually believed that they were in imminent danger of serious bodily injury and actually believed that they had no alternative to the use of deadly force, but rather that they fired at innocent Iraqi civilians because of their hostility toward Iraqis and their grave indifference to the harm that their actions would cause," the acting US Attorney in DC, Channing Phillips, alleges in court papers submitted by Kenneth C. Kohl, the lead prosecutor on this case. "[T]he defendants specifically intended to kill or seriously injure the Iraqi civilians that they fired upon at [Nisour] Square." The government also alleges that one Blackwater operative "wanted to kill as many Iraqis as he could as 'payback for 9/11,' and he repeatedly boasted about the number of Iraqis he had shot," while "several of the defendants had harbored a deep hostility toward Iraqi civilians which they demonstrated in words and deeds."
In its motion to dismiss, Blackwater also argued that to allow the company to be sued for alleged crimes in a war zone would violate the rights of the president of the United States under the "political question doctrine" to not have a "second-guessing of the battlefield decisions of the U.S. government." Ellis rejected that outright and noted: "The United States has appeared as an interested party and argues that if defendants committed the alleged conduct, they were not acting as employees of the United States when they did so. Moreover, the government states that its contracts with defendants 'provided for multiple layers of [Xe defendants'] management to oversee the day-to-day operations' of its employees and that the employees were under the direct supervision of Xe defendants' management when the alleged conduct occurred."
Judge Ellis's ruling only relates to the charges that Blackwater and Prince violated federal laws and not to the additional allegations that they also violated state laws. Even if Judge Ellis ultimately rejects all of the federal arguments made by Burke and CCR, which is a big if, the cases can still proceed under "common law," as has happened in other torture and war crimes cases. Ellis has not yet ruled on those charges
This article by James Petras, was posted to Information Clearing House, August 21, 2009
The US seven-year war and occupation of Iraq is driven by several major political forces and informed by a variety of imperial interests. However these interests do not in themselves explain the depth and scope of the sustained, massive and continuing destruction of an entire society and its reduction to a permanent state of war. The range of political forces contributing to the making of the war and the subsequent US occupation include the following (in order of importance):
The most important political force was also the least openly discussed. The Zionist Power Configuration (ZPC), which includes the prominent role of long-time, hard-line unconditional Jewish supporters of the State of Israel appointed to top positions in the Bush Pentagon (Douglas Feith and Paul Wolfowitz ), key operative in the Office of the Vice President (Irving (Scooter) Libby), the Treasury Department (Stuart Levey), the National Security Council (Elliot Abrams) and a phalanx of consultants, Presidential speechwriters (David Frum), secondary officials and policy advisers to the State Department. These committed Zionists ‘insiders’ were buttressed by thousands of full-time Israel-First functionaries in the 51 major American Jewish organizations, which form the President of the Major American Jewish Organizations (PMAJO). They openly stated that their top priority was to advance Israel’s agenda, which, in this case, was a US war against Iraq to overthrow Saddam Hussein, occupy the country, physically divide Iraq, destroy its military and industrial capability and impose a pro-Israel/pro-US puppet regime. If Iraq were ethnically cleansed and divided, as advocated by the ultra-right, Israeli Prime Minister Benyamin Netanyahu and the ‘Liberal’ President Emeritus of the Council on Foreign Relations and militarist-Zionist, Leslie Gelb, there would be more than several ‘client regimes’.
Top Zionist policymakers who promoted the war did not initially directly pursue the policy of systematically destroying what, in effect, was the entire Iraqi civilization. But their support and design of an occupation policy included the total dismemberment of the Iraqi state apparatus and recruitment of Israeli advisers to provide their ‘expertise’ in interrogation techniques, repression of civilian resistance and counter-insurgency. Israeli expertise certainly played a role in fomenting the intra-Iraqi religious and ethnic strife, which Israel had mastered in Palestine. The Israeli ‘model’ of colonial war and occupation – the invasion of Lebanon in 1982 – and the practice of ‘total destruction’ using sectarian, ethno-religious division was evident in the notorious massacres at the Sabra and Shatila refugee camps in Beirut, which took place under Israeli military supervision.
The second powerful political force behind the Iraq War were civilian militarists (like Donald Rumsfeld and Vice President Cheney) who sought to extend US imperial reach in the Persian Gulf and strengthen its geo-political position by eliminating a strong, secular, nationalist backer of Arab anti-imperialist insurgency in the Middle East. The civilian militarists sought to extend the American military base encirclement of Russia and secure control over Iraqi oil reserves as a pressure point against China. The civilian militarists were less moved by Vice President Cheney’s past ties with the oil industry and more interested in his role as CEO of Halliburton’s giant military base contractor subsidiary Kellogg-Brown and Root, which was consolidating the US Empire through worldwide military base expansion. Major US oil companies, who feared losing out to European and Asian competitors, were already eager to deal with Saddam Hussein, and some of the Bush’s supporters in the oil industry had already engaged in illegal trading with the embargoed Iraqi regime. The oil industry was not inclined to promote regional instability with a war.
The militarist strategy of conquest and occupation was designed to establish a long-term colonial military presence in the form of strategic military bases with a significant and sustained contingent of colonial military advisors and combat units. The brutal colonial occupation of an independent secular state with a strong nationalist history and an advanced infrastructure with a sophisticated military and police apparatus, extensive public services and wide-spread literacy naturally led to the growth of a wide array of militant and armed anti-occupation movements. In response, US colonial officials, the CIA and the Defense Intelligence Agencies devised a ‘divide and rule’ strategy (the so-called ‘El Salvador solution’ associated with the former ‘hot-spot’ Ambassador and US Director of National Intelligence, John Negroponte) fomenting armed sectarian-based conflicts and promoting inter-religious assassinations to debilitate any effort at a united nationalist anti-imperialist movement. The dismantling of the secular civilian bureaucracy and military was designed by the Zionists in the Bush Administration to enhance Israel’s power in the region and to encourage the rise of militant Islamic groups, which had been repressed by the deposed Baathist regime of Saddam Hussein. Israel had mastered this strategy earlier: It originally sponsored and financed sectarian Islamic militant groups, like Hamas, as an alternative to the secular Palestine Liberation Organization and set the stage for sectarian fighting among the Palestinians.
The result of US colonial policies were to fund and multiply a wide range of internal conflicts as mullahs, tribal leaders, political gangsters, warlords, expatriates and death squads proliferated. The ‘war of all against all’ served the interests of the US occupation forces. Iraq became a pool of armed, unemployed young men, from which to recruit a new mercenary army. The ‘civil war’ and ‘ethnic conflict’ provided a pretext for the US and its Iraqi puppets to discharge hundreds of thousands of soldiers, police and functionaries from the previous regime (especially if they were from Sunni, mixed or secular families) and to undermine the basis for civilian employment. Under the cover of generalized ‘war against terror’, US Special Forces and CIA-directed death squads spread terror within Iraqi civil society, targeting anyone suspected of criticizing the puppet government – especially among the educated and professional classes, precisely the Iraqis most capable of re-constructing an independent secular republic.
The Iraq war was driven by an influential group of neo-conservative and neo-liberal ideologues with strong ties to Israel. They viewed the success of the Iraq war (by success they meant the total dismemberment of the country) as the first ‘domino’ in a series of war to ‘re-colonize’ the Middle East (in their words: “to re-draw the map”). They disguised their imperial ideology with a thin veneer of rhetoric about ‘promoting democracies’ in the Middle East (excluding, of course, the un-democratic policies of their ‘homeland’ Israel over its subjugated Palestinians). Conflating Israeli regional hegemonic ambitions with the US imperial interests, the neo-conservatives and their neo-liberal fellow travelers in the Democratic Party first backed President Bush and later President Obama in their escalation of the wars against Afghanistan and Pakistan. They unanimously supported Israel’s savage bombing campaign against Lebanon, the land and air assault and massacre of thousands of civilians trapped in Gaza, the bombing of Syrian facilities and the big push (from Israel) for a pre-emptive, full-scale military attack against Iran.
The US advocates of sequential and multiple simultaneous wars in the Middle East and South Asia believed that they could only unleash the full strength of their mass destructive power after they had secured total control of their first victim, Iraq. They were confident that Iraqi resistance would collapse rapidly after 13 years of brutal starvation sanctions imposed on the republic by the US and United Nations. In order to consolidate imperial control, American policy-makers decided to permanently silence all independent Iraqi civilian dissidents. They turned to the financing of Shia clerics and Sunni tribal assassins, and contracting scores of thousands of private mercenaries among the Kurdish Peshmerga warlords to carry out selective assassinations of leaders of civil society movements.
The US created and trained a 200,000 member Iraqi colonial puppet army composed almost entirely of Shia gunmen, and excluded experienced Iraqi military men from secular, Sunni or Christian backgrounds. A little known result of this build up of American trained and financed death squads and its puppet ‘Iraqi’ army, was the virtual destruction of the ancient Iraqi Christian population, which was displaced, its churches bombed and its leaders, bishops and intellectuals, academics and scientists assassinated or driven into exile. The US and its Israeli advisers were well aware that Iraqi Christians had played a key role the historic development of the secular, nationalist, anti-British/anti-monarchist movements and their elimination as an influential force during the first years of US occupation was no accident. The result of the US policies were to eliminate most secular democratic anti-imperialist leaders and movements and to present their murderous net-work of ‘ethno-religious’ collaborators as their uncontested ‘partners’ in sustaining the long-term US colonial presence in Iraq. With their puppets in power, Iraq would serve as a launching platform for its strategic pursuit of the other ‘dominoes’ (Syria, Iran, Central Asian Republics…).
The sustained bloody purge of Iraq under US occupation resulted in the killing 1.3 million Iraqi civilians during the first 7 years after Bush invaded in March 2003. Up to mid-2009, the invasion and occupation of Iraq has officially cost the American treasury over $666 billion. This enormous expenditure attests to its centrality in the larger US imperial strategy for the entire Middle East/South and Central Asia region. Washington’s policy of politicizing and militarizing ethno-religious differences, arming and encouraging rival tribal, religious and ethnic leaders to engage in mutual bloodletting served to destroy national unity and resistance. The ‘divide and rule’ tactics and reliance on retrograde social and religious organizations is the commonest and best-known practice in pursuing the conquest and subjugation of a unified, advanced nationalist state. Breaking up the national state, destroying nationalist consciousness and encouraging primitive ethno-religious, feudal and regional loyalties required the systematic destruction of the principal purveyors of nationalist consciousness, historical memory and secular, scientific thought. Provoking ethno-religious hatreds destroyed intermarriages, mixed communities and institutions with their long-standing personal friendships and professional ties among diverse backgrounds. The physical elimination of academics, writers, teachers, intellectuals, scientists and professionals, especially physicians, engineers, lawyers, jurists and journalists was decisive in imposing ethno-religious rule under a colonial occupation. To establish long-term dominance and sustain ethno-religious client rulers, the entire pre-existing cultural edifice, which had sustained an independent secular nationalist state, was physically destroyed by the US and its Iraqi puppets. This included destroying the libraries, census bureaus, and repositories of all property and court records, health departments, laboratories, schools, cultural centers, medical facilities and above all the entire scientific-literary-humanistic social scientific class of professionals. Hundreds of thousands of Iraqi professionals and family members were driven by terror into internal and external exile. All funding for national, secular, scientific and educational institutions were cut off. Death squads engaged in the systematic murder of thousands of academics and professionals suspected of the least dissent, the least nationalist sentiment; anyone with the least capacity to re-construct the republic was marked. The Destruction of a Modern Arab Civilization
Independent, secular Iraq had the most advanced scientific-cultural order in the Arab world, despite the repressive nature of Saddam Hussein’s police state. There was a system of national health care, universal public education and generous welfare services, combined with unprecedented levels of gender equality. This marked the advanced nature of Iraqi civilization in the late 20th century. Separation of church and state and strict protection of religious minorities (Christians, Assyrians and others) contrasts sharply with what has resulted from the US occupation and its destruction of the Iraqi civil and governmental structures. The harsh dictatorial rule of Saddam Hussein thus presided over a highly developed modern civilization in which advanced scientific work went hand in hand with a strong nationalist and anti-imperialist identity. This resulted especially in the Iraqi people and regime’s expressions of solidarity for the plight of the Palestinian people under Israeli rule and occupation.
A mere ‘regime change’ could not extirpate this deeply embedded and advanced secular republican culture in Iraq. The US war planners and their Israeli advisers were well aware that colonial occupation would increase Iraqi nationalist consciousness unless the secular nation was destroyed and hence, the imperial imperative to uproot and destroy the carriers of nationalist consciousness by physically eliminating the educated, the talented, the scientific, indeed the most secular elements of Iraqi society. Retrogression became the principal instrument for the US to impose its colonial puppets, with their primitive, ‘pre-national’ loyalties, in power in a culturally purged Baghdad stripped of its most sophisticated and nationalistic social strata.
According to the Al-Ahram Studies Center in Cairo, more that 310 Iraqi scientists were eliminated during the first 18 months of the US occupation – a figure that the Iraqi education ministry did not dispute.
Another report listed the killings of more than 340 intellectuals and scientists between 2005 and 2007. Bombings of institutes of higher education had pushed enrollment down to 30% of the pre-invasion figures. In one bombing in January 2007, at Baghdad’s Mustansiriya University 70 students were killed with hundreds wounded. These figures compelled the UNESCO to warn that Iraq’s university system was on the brink of collapse. The numbers of prominent Iraqi scientists and professionals who have fled the country have approached 20,000. Of the 6,700 Iraqi university professors who fled since 2003, the Los Angeles Times reported than only 150 had returned by October 2008. Despite the US claims of improved security, the situation in 2008 saw numerous assassinations, including the only practicing neurosurgeon in Iraq’s second largest city of Basra, whose body was dumped on the city streets.
The raw data on the Iraqi academics, scientists and professionals assassinated by the US and allied occupation forces and the militias and shadowy forces they control is drawn from a list published by the Pakistan Daily News (www.daily.pk) on November 26, 2008. This list makes for very uncomfortable reading into the reality of systematic elimination of intellectuals in Iraq under the meat-grinder of US occupation. Assassinations
The physical elimination of an individual by assassination is an extreme form of terrorism, which has far-reaching effects rippling throughout the community from which the individual comes – in this case the world of Iraqi intellectuals, academics, professionals and creative leaders in the arts and sciences. For each Iraqi intellectual murdered, thousands of educated Iraqis fled the country or abandoned their work for safer, less vulnerable activity.
Baghdad was considered the ‘Paris’ of the Arab world, in terms of culture and art, science and education. In the 1970’s and 80’s, its universities were the envy of the Arab world. The US ‘shock and awe’ campaign that rained down on Baghdad evoked emotions akin to an aerial bombardment of the Louvre, the Sorbonne and the greatest libraries of Europe. Baghdad University was one of the most prestigious and productive universities in the Arab world. Many of its academics possessed doctoral degrees and engaged in post-doctoral studies abroad at prestigious institutions. It taught and graduated many of the top professionals and scientists in the Middle East. Even under the deadly grip of the US/UN-imposed economic sanctions that starved Iraq during the 13 years before the March 2003 invasion, thousands of graduate students and young professionals came to Iraq for post-graduate training. Young physicians from throughout the Arab world received advanced medical training in its institutions. Many of its academics presented scientific papers at major international conferences and published in prestigious journals. Most important, Baghdad University trained and maintained a highly respected scientific secular culture free of sectarian discrimination – with academics from all ethnic and religious backgrounds.
This world has been forever shattered: Under US occupation, up to November 2008, eighty-three academics and researchers teaching at Baghdad University had been murdered and several thousand of their colleagues, students and family members were forced to flee. The Selection of Assassinated Academics by Discipline
The November 2008 article published by the Pakistan Daily News lists the names of a total of 154 top Baghdad-based academics, renowned in their fields, who were murdered. Altogether, a total of 281 well-known intellectuals teaching at the top universities in Iraq fell victim to the ‘death squads’ under US occupation.
Prior to the US occupation, Baghdad University possessed the premier research and teaching medical faculty in the entire Middle East attracting hundreds of young doctors for advanced training. That program has been devastated during the rise of the US-death squad regime, with few prospects of recovery. Of those murdered, 25% (21) were the most senior professors and lecturers in the medical faculty of Baghdad University, the highest percentage of any faculty. The second highest percentage of butchered faculty were the professors and researchers from Baghdad University’s renowned engineering faculty (12), followed by the top academics in the humanities (10), physical and social sciences (8 senior academics each), education (5). The remaining top academics murdered at Baghdad University spread out among the agronomy, business, physical education, communications and religious studies faculties.
At three other Baghdad universities, 53 senior academics were slaughtered, including 10 in the social sciences, 7 in the faculty of law, 6 each in medicine and the humanities, 9 in the physical sciences and 5 in engineering. Secretary of Defense Rumsfeld’s August 20, 2002 pre-invasion joke, “…one has to assume they (scientists) have not been playing ‘tiddlywinks’(a child’s game)”( justifying the bloody purge of Iraq’s scientists in physics and chemistry. An ominous signal of the academic bloodletting that followed the invasion.
Similar bloody purges of academics occurred in all the provincial universities: 127 senior academics and scientists were assassinated at the various well-regarded universities in Mosul, Kirkuk, Basra and elsewhere. The provincial universities with the highest number of murdered senior faculty members were in cities where the US and British military and their Kurdish mercenary allies were most active: Basra (35), Mosul (35), Diyala (15) and Al-Anbar (11).
The Iraqi military and allied death squads carried out most of the killing of academics in the cities under US or ‘allied’ control. The systematic murder of academics was a nation-wide, cross-disciplinary drive to destroy the cultural and educational foundations of a modern Arab civilization. The death squads carrying out most of these assassinations were primitive, pre-modern, ethno-religious groups ‘set loose’ or instrumentalized by US military strategists to wipe out any politically conscious intellectuals and nationalist scientists who might pursue an agenda for re-building a modern, secular society and independent, unified republic.
In its panic to prevent the US invasion, the Iraqi National Monitoring Directorate provided a list, which identified over 500 key Iraqi scientists to the UN on December 7, 2002. There is little doubt that this list became a core element in the US military’s hit list for eliminating Iraq’s scientific elite. In his notorious pre-invasion speech to the United Nations, Secretary of State Colin Powell cited a list of over 3,500 Iraqi scientists and technicians who would have to be ‘contained’ to prevent their expertise from being used by other countries. The US had even created a ‘budget’ of hundreds of millions of dollars, drawn from the Iraqi ‘Oil for Food’ money held by the United Nations to set up ‘civilian re-education’ programs to re-train Iraqi scientists and engineers. These highly touted programs were never seriously implemented. Cheaper ways of containing what one American policy expert termed Iraq’s ‘excess scientists, engineers and technicians’ in a Carnegie Endowment Paper (RANSAC Policy Update April 2004) became clear. The US had decided to adopt and expand the Israeli Mossad’s covert operation of assassinating selected key Iraqi scientists on an industrial scale. The US ‘Surge’ and ‘Peak Assassination’ Campaigns: 2006-2007
The high tide of terror against academics coincides with the renewal of the US military offensive in Baghdad and in the provinces. Of the total number of assassinations of Baghdad-based academics for which a date is recorded (110 known intellectuals slaughtered), almost 80% (87) occurred in 2006 and 2007. A similar pattern is found in the provinces with 77% of a total of 84 scholars murdered outside of capital during the same period. The pattern is clear: the murder rate of academics grows as the occupying US forces organize a mercenary Iraqi military and police force and provide money for the training and recruitment of rival Shia and Sunni tribesmen and militia as a means of decreasing American casualties and of purging potential dissident critics of the occupation.
The terror campaign against academics intensified in mid-2005 and reached its peak in 2006-2007, leading to the mass flight of tens of thousands of Iraqi scholars, scientists, professionals and their families overseas. Entire university medical school faculties have become refugees in Syria and elsewhere. Those who could not afford to abandon elderly parents or relatives and remained in Iraq have taken extraordinary measures to hide their identities. Some have chosen to collaborate with the US occupation forces or the puppet regime in the hope of being protected or allowed to immigrate with their families to the US or Europe, although the Europeans, especially the British are disinclined to accept Iraqi scholars. After 2008, there has been a sharp decline in the murder of academics – with only 4 assassinated that year. This reflects the massive flight of Iraqi intellectuals living abroad or in hiding rather than any change of policy on the part of the US and its mercenary puppets. As a result, Iraq’s research facilities have been decimated. The lives of those remaining support staff, including technicians, librarians and students have been devastated with few prospects for future employment.
The US war and occupation of Iraq, as Presidents Bush and Obama have declared, is a ‘success’ – an independent nation of 23 million citizens has been occupied by force, a puppet regime is ensconced, colonial mercenary troops obey American officers and the oil fields have been put up for sale. All of Iraq’s nationalist laws protecting its patrimony, its cultural treasures and national resources, have been annulled. The occupiers have imposed a ‘constitution’ favoring the US Empire. Israel and its Zionist flunkies in the Administrations of both Bush and Obama celebrate the demise of a modern adversary…and the conversion of Iraq into a cultural-political desert. In line with an alleged agreement made by the US State Department and Pentagon officials to influential collectors from the American Council for Cultural Policy in January 2003, the looted treasures of ancient Mesopotamia have ‘found’ their way into the collections of the elite in London, New York and elsewhere. The collectors can now anticipate the pillage of Iran.
Warning to Iran
The US invasion, occupation and destruction of a modern, scientific-cultural civilization, such as existed in Iraq, is a prelude of what the people of Iran can expect if and when a US-Israeli military attack occurs. The imperial threat to the cultural-scientific foundations of the Iranian nation has been totally absent from the narrative among the affluent Iranian student protesters and their US-funded NGO’s during their post-election ‘Lipstick Revolution’ protests. They should bear in mind that in 2004 educated, sophisticated Iraqis in Baghdad consoled themselves with a fatally misplaced optimism that ‘at least we are not like Afghanistan’. The same elite are now in squalid refugee camps in Syria and Jordan and their country more closely resembles Afghanistan than anywhere else in the Middle East. The chilling promise of President Bush in April 2003 to transform Iraq in the image of ‘our newly liberated Afghanistan’ has been fulfilled. And reports that the US Administration advisers had reviewed the Israeli Mossad policy of selective assassination of Iranian scientists should cause the pro-Western liberal intellectuals of Teheran to seriously ponder the lesson of the murderous campaign that has virtually eliminated Iraqi scientists and academics during 2006-2007. Conclusion
What does the United States (and Britain and Israel) gain from establishing a retrograde client regime, based on medieval ethno-clerical socio-political structures in Iraq? First and foremost, Iraq has become an outpost for empire. Secondly, it is a weak and backward regime incapable of challenging Israeli economic and military dominance in the region and unwilling to question the ongoing ethnic cleansing of the native Palestinian Arabs from Jerusalem, the West Bank and Gaza. Thirdly, the destruction of the scientific, academic, cultural and legal foundations of an independent state means increasing reliance on the Western (and Chinese) multinational corporations and their technical infrastructure – facilitating imperial economic penetration and exploitation.
In the mid 19th Century, after the revolutions of 1848, the conservative French sociologist Emil Durkheim recognized that the European bourgeoisie was confronted with rising class conflict and an increasing anti-capitalist working class. Durkheim noted that, whatever its philosophical misgivings about religion and clericalism, the bourgeoisie would have to use the myths of traditional religion to ‘create’ social cohesion and undercut class polarization. He called on the educated and sophisticated Parisian capitalist class to forego its rejection of obscurantist religious dogma in favor of instrumentalizing religion as a tool to maintain its political dominance. In the same way, US strategists, including the Pentagon-Zionists, have instrumentalized the tribal-mullah, ethno-religious forces to destroy the secular national political leadership and advanced culture of Iraq in order to consolidate imperial rule – even if this strategy called for the killing off of the scientific and professional classes. Contemporary US imperial rule is based on supporting the socially and politically most backward sectors of society and applying the most advanced technology of warfare.
Israeli advisers have played a major role in instructing US occupation forces in Iraq on the practices of urban counter-insurgency and repression of civilians, drawing on their 60 years of experience. The infamous massacre of hundreds of Palestinian families at Deir Yasin in 1948 was emblematic of Zionist elimination of hundreds of productive farming villages, which had been settled for centuries by a native people with their endogenous civilization and cultural ties to the soil, in order to impose a new colonial order. The policy of the total deracination of the Palestinians is central to Israel’s advise to the US policymakers in Iraq. Their message has been carried out by their Zionist acolytes in the Bush and Obama Administrations, ordering the dismemberment of the entire modern Iraqi civil and state bureaucracy and using pre-modern tribal death squads made up of Kurds and Shia extremists to purge the modern universities and research institutions of that shattered nation.
The US imperial conquest of Iraq is built on the destruction of a modern secular republic. The cultural desert that remains (a Biblical ‘howling wilderness’ soaked in the blood of Iraq’s precious scholars) is controlled by mega-swindlers, mercenary thugs posing as ‘Iraqi officers’, tribal and ethnic cultural illiterates and medieval religious figures. They operate under the guidance and direction of West Point graduates holding ‘blue-prints for empire’, formulated by graduates of Princeton, Harvard, Johns Hopkins, Yale and Chicago, eager to serve the interests of American and European multi-national corporations.
This is called ‘combined and uneven development’: The marriage of fundamentalist mullahs with Ivy League Zionists at the service of the US.
This article by Dick McMichael, was published in the Ledger-Enquirer, August 21, 2009
William Calley, the former Army lieutenant convicted on 22 counts of murder in the infamous My Lai Massacre in Vietnam, publicly apologized for the first time this week while speaking in Columbus.
“There is not a day that goes by that I do not feel remorse for what happened that day in My Lai,” Calley told members of the Kiwanis Club of Greater Columbus on Wednesday. His voice started to break when he added, “I feel remorse for the Vietnamese who were killed, for their families, for the American soldiers involved and their families. I am very sorry.”
In March 1968, U.S. soldiers gunned down hundreds of civilians in the Vietnamese hamlet of My Lai. The Army at first denied, then downplayed the event, saying most of the dead were Vietcong. But in November 1969, journalist Seymour Hersh revealed what really happened and Calley was court martialed and convicted of murder.
Calley had long refused to grant interviews about what happened, but on Wednesday he spoke at a Columbus Kiwanis meeting. He made only a brief statement, but agreed to take questions from the audience.
He did not deny what had happened that day, but did repeatedly make the point — which he has made before — that he was following orders.
Calley explained he had been ordered to take out My Lai, adding that he had intelligence that the village was fortified and would be “hot” when he went in. He also said the area was submitted to an artillery barrage and helicopter fire before his troops went in. It turned out that it was not hot and there was no armed resistance. But he had been told, he said, that if he left anyone behind, his troops could be trapped and caught in a crossfire.
Asked about American casualties, Calley said there were two injuries, but neither was the result of enemy fire, adding, “They didn’t have time.”
One person asked about the story of a helicopter coming into My Lai during the massacre and its pilot threatening to open fire if the killing of civilians didn’t stop.
Calley said the pilot asked if he could take children out of the area and he relayed that request to his captain, who said the pilot could.
As far as any threats to fire on American soldiers by the pilot, or any threats of firing on the chopper, he said he does not recall hearing about that. He did say the helicopter was making a lot of noise during his conversation with the pilot.
Asked if the story about the threat to fire on troops killing civilians came from the pilot, Calley replied, “It certainly didn’t come from me.”
When asked if obeying an unlawful order was not itself an unlawful act, he said, “I believe that is true. If you are asking why I did not stand up to them when I was given the orders, I will have to say that I was a second lieutenant getting orders from my commander and I followed them — foolishly, I guess.” Calley then said that was not an excuse; it was just what happened.
The officer Calley said gave those orders was Capt. Ernest Medina, who was also tried for what happened at My Lai. Represented by the renowned Defense Attorney F. Lee Bailey, Medina was acquitted of all charges in 1971.
That same year, Calley didn’t fare as well.
After four months of testimony in a Fort Benning courtroom and almost two weeks of jury deliberation, he was convicted of premeditated murder. After the verdict was read, but before sentencing, Calley was allowed to address the court.
“I’m not going to stand here and plead for my life or my freedom,” Calley said. “If I have committed a crime, the only crime I have committed is in judgment of my values. Apparently I valued my troops’ lives more than I did those of the enemy ...”
Calley was sentenced to life in prison, which was later shortened considerably.
Many at the time considered Calley a scapegoat, forced to take the fall for those above him. That sentiment had been very strong when the late federal Judge J. Robert Elliot released Calley from custody after a habeas corpus hearing. An appeals court reversed Elliot’s ruling and Calley was returned to Army custody, but the Army soon paroled him.
Calley then settled in Columbus, married a young woman named Penny Vick and worked in her father’s jewelry store here for years. He now lives in Atlanta with his 28-year-old son, Laws, who is doing doctoral work in electrical engineering at Georgia Tech.
Calley has been free now for years, but he remains stripped of some of his civil rights.
“No, I still cannot vote,” he said. “In fact, I’m not even supposed to go into the post office, I guess.”
This review, by Steven Lendman, was posted to Global Research, July 7, 2009.
Marjorie Cohn is a Distinguished Law Professor at Thomas Jefferson School of Law in San Diego where she's taught since 1991 and is the current President of the National Lawyers Guild. She's also been a criminal defense attorney at the trial and appellate levels, is an author, and writes many articles for professional journals, other publications, and numerous popular web sites.
Her record of achievements, distinctions, and awards are many and varied - for her teaching, writing, and her work as a lawyer and activist for peace, social and economic justice, and respect for the rule of law. Cohn's previous books include "Cameras in the Courtroom: Television and the Pursuit of Justice" and "Cowboy Republic: Six Ways the Bush Gang Has Defied the Law."
Her newest book just out, co-authored with Kathleen Gilberd (a recognized expert on military administrative law), is titled "Rules of Disengagement: The Politics and Honor of Military Dissent." It explores why US military personnel disobey orders and refuse to participate in two illegal wars in Iraq and Afghanistan. It also explains that US and international law obligate them to do so.
Cohn and Gilberd write:
"Rules of engagement limit forms of combat, levels of force, and legitimate enemy targets, defining what is legal in warfare and what is not. (They're also) defined by an established body of international (and US) law" that leave no ambiguity.
Nonetheless, in past and current US wars, virtually no "Rules" whatever are followed. Soldiers are trained to fire at "anything that moves," place no value on enemy lives, and often treat civilians no differently from combatants. It results in massive civilian casualties, dismissively called "collateral damage." It also gets growing numbers in the ranks to resist - to challenge so-called "Rules" they believe are illegal and immoral.
"Rules of Disengagement" "discuss(es) the laws and regulations governing military dissent and resistance - the legal rules of disengagement (and offers) practical guidelines (that include) political protest to requesting discharge from the service."
Today, growing Iraq and Afghanistan casualty counts are enormous as well as the disturbing toll on the GIs involved - including long and repeated deployments, often leaving permanent debilitating effects, physical and/or psychological.
US soldiers have a right and duty to dissent and resist, and today it's easier than ever through all the modern ways of communicating, including blogging, sharing stories, photos, videos, and "developing new ways to speak out to fellow soldiers and civilians online and in the media."
"Rules of Disengagement" goes into courtrooms where military personnel "have spoken out, arguing that (today's) wars are illegal (and immoral) under international (and US) law." It's a "practical guide" providing "specific discussion(s) of applicable regulations and laws" for readers "to form their own conclusions and consider their own options." Above all, it's a way for honorable young men and women to dissent, resist, and disengage from two illegal, immoral wars, in hopes many others will follow their example. Resisting Illegal Wars
Every US war since WW II has been illegal. Article 51 of the UN Charter only permits the "right of individual or collective self-defense if an armed attack occurs against a Member....until the Security Council has taken measures to maintain international peace and security."
In addition, Article I, Section 8, Clause 11 (the war powers clause) authorizes only both houses of Congress, not the president, to declare war. Nonetheless, that process was followed only five times in our history and last used on December 8, 1941 after Japan attacked Pearl Harbor.
Yet many judges won't apply "the law to the wars, and then to service members' refusal to take part" in them. They say it's "not their role, not a matter under their jurisdiction, or not 'relevant.' " In case studies the authors use, court-martial judges, juries, and the public increasingly accept these arguments but also recognize that "men and women of conscience have put their futures on the line for their opinions and actions against illegal wars (and) orders."
It hasn't shown up in court-martial decisions except in more lenient sentences, indicating growing respect for those brave enough to resist on matters of conscience and their opinions regarding the law. Pablo Paredes for one.
The Navy petty officer third class and weapons-control technician refused duty on the USS Bonhomme Richard as it deployed to the Persian Gulf on December 6, 2004 to take part in Operation Iraqi Freedom. He was charged with unauthorized absence and willfully missing his ship's deployment. On May 10, 2005, Paredes avoided jail and a dishonorable or bad conduct discharge when the court-martial judge dismissed the former charge, convicted him on the latter one, sentenced him to two months restriction, three months of hard labor without confinement, and reduction in rank from E-4 to E-1.
Lt. Cdr. Robert Klant denied expert testimony on the war's illegality, but let Cohn testify as an expert witness, at the sentencing hearing. At its conclusion, Klant astonished attending spectators by saying:
"I believe the government has successfully demonstrated a reasonable belief for every service member to decide that the wars in Yugoslavia, Afghanistan and Iraq were illegal to fight in." Paredes benefitted from that view. Others have as well, but not often or easily. Modern Conscientious Objectors (COs)
They're persons who refuse to perform military service, and request noncombatant status or discharge on grounds of religious, moral, ethical, or philosophical beliefs with regard to wars and killing. Objecting on the basis of conscience is 'a long and honorable" tradition going back to the beginning of the republic. It was used frequently during the Vietnam war.
Objectors help others by expanding the right to resist and dissent. Under DOD regulations, "the military must grant CO status to any service member who (consciously opposes all) war(s) in any form, whose opposition is founded on religious training and beliefs, and whose position is sincere and deeply held." This position "must have developed or become central to the CO's beliefs after entry into the military," and applicants must provide "clear and convincing evidence that he or she is a CO."
US Army Reserve Staff Sergeant Camilo Mejia was the first Iraq War veteran to refuse further involvement on matters of conscience after serving in it earlier from April - October 2003. Following leave, he failed to rejoin his National Guard unit and filed for discharge as a CO on grounds that the invasion and occupation were illegal and immoral. The Army then charged him with desertion to send a strong message to others who resist.
His May 2004 court-martial was a kangaroo-court show trial, widely broadcast to all military personnel worldwide on internal Pentagon television, radio and newspaper outlets. At trial, the military judge disallowed prepared defense testimony under Army Field Manual 27-10, the Constitution, and established international law.
Mejia was found guilty of desertion with intent to avoid hazardous duty. He was sentenced to a year in prison, reduction in rank to E-1, one year's forfeiture of pay, and a bad conduct discharge after which Amnesty International declared him a prisoner of conscience, its highest honor.
After the verdict, international law expert Francis Boyle was allowed to testify during the sentencing phase - but under strict limitations imposed by the judge. He cited relevant domestic, international, and military law, reviewed crimes of war and against humanity under them, and explained the culpability of commanders and government officials to the highest levels for abusing and torturing prisoners.
Mejia served nine months in prison and in August 2007 was elected chairman of the board of Iraq Veterans Against the War. Hundreds of others have filed for CO status while many more go AWOL or refuse deployment to combat zones. The military never makes it easy, yet the illegitimacy of two illegal wars and the immense hardships on young GIs and their families makes growing numbers resist and dissent. Still many others aren't aware that they qualify for CO status.
Current CO stereotypes stem from the Vietnam era when they were viewed as subversives and cowards. Other myths are that wars must be ongoing for those in the military to apply, the process is lengthy, discharges, if granted, won't be honorable, and federal benefits will be lost as well as eligibility for government jobs. "Needless to say, these myths are not true," but exist to discourage applicants and impede the process.
Various civilian organizations provide good information on CO rights, regulations on them, and procedures on how to apply. Also, the "CO process is one of the most legally protected of discharge proceedings - COs have greater rights than those who seek discharge for family hardship or similar reasons." Yet command hostility exists and rights are often denied. "Success rates vary among the services." Some COs are discharged for other reasons. Many applications are rejected. Some go AWOL as a result, and others do or don't succeed through court intervention. Imperial America doesn't make it easy, so applicants have to persist all the harder. Winter Soldier
Iraq and Afghan veterans willing to come forward provide the most compelling evidence of "war crimes beyond imagination." Yet those familiar with Vietnam, WW II, and other US wars have heard it before. John Dower's powerful WW II book, "War Without Mercy," documented how both sides in the Pacific war depersonalized the opposition, abandoned the rules of war, and fought with equal savagery.
Later examples include:
Winter Soldier 1971 - the Vietnam My Lai massacre killing around 500 civilians was a mere skirmish compared to death squad campaigns like Operation Phoenix that contributed to an estimated 80,000 deaths from around 1968 - 1971. Numerous other stories documented mass murder, torture, rape and other atrocities - the same kinds committed earlier and today;
Winter Soldier 2008 - "traumatized" veterans today tell similar horrors stories to ones from past wars, including Vietnam, Korea, and WW II; Iraq Veterans Against the War (IVAW) offer testimonies as ammunition for their three unifying principles:
immediately ending the Iraq and Afghan wars and occupations and withdrawing all troops;
paying reparations to Iraqis; and
providing proper medical care for all US war veterans.
Short of these, all imaginable atrocities will continue, including mass killings, torture, rape, destruction, and much more. Wars are ugly business, and laws or no laws, the worst of abuses happen routinely by a military command teaching rank and file soldiers to commit them with impunity. And they're besides the harm done to GIs, many of whom are never the same from the experience - if they survive. Vietnam destroyed an entire generation of American youths, and today's wars are doing it again.
The rules of engagement are stipulated in various laws of war - the Constitution, Hague and Geneva Conventions; UN Charter; Nuremberg Charter, Judgment and Principles; Convention on the Prevention and Punishment of the Crime of Genocide; Universal Declaration of Human Rights; Supreme and lower Court decisions; US Army Field Manual 27-10; and the Law of Land Warfare (1956). They state that nations must abide by the laws of war. No exceptions are ever allowed, and failure comply constitutes a crime of war and/or against humanity.
At the Nuremberg Tribunal, chief US prosecutor Robert Jackson cited wars of aggression as the "supreme international crime against peace differing only from other war crimes in that it contains within itself the accumulated evil of the whole." Yet this standard indicts America on all its wars since WW II.
And young GIs are affected. Winter Soldiers 2008 say "they were subject to amorphous and contradictory rules of engagement - often free-fire zones where they could shoot at anything that moved (including noncombatants). These rules, or lack thereof, led to the commission of atrocities and war crimes," not occasionally but often.
Aside from the 2001 Afghanistan bombings and March 2003 "shock and awe" attack, the worst of them took place in April and November 2004. In retaliation for the killing and mutilation of four Blackwater mercenaries, the first and second Fallujah Battles waged some of the fiercest urban combat since the 1968 Battle of Hue in Vietnam. Several thousand or more were killed, mostly civilians. Major war crimes were committed. Illegal weapons were used. Vast destruction was inflicted. The city was held under siege. Free-fire zone rules applied. A "shoot-to-kill" curfew was imposed, and according to Adam Kokesh: "we changed our rules of engagement more often than we changed our underwear."
Winter Soldiers 2008 speak out publicly over what they saw and did in their tours, including in testimonies to Congress. "So far (none of them) have been prosecuted for their testimony, though some active duty witnesses were harassed by superiors." Dissent and Disengagement
Resistance includes refusing illegal orders, objecting on the basis of conscience, requesting a discharge, demonstrating, picketing, dissenting as the Constitution allows, attending rallies, petitioning Congress, going underground, taking refuge abroad, speaking out publicly, and through the media. It's acting according to one's principles and morality and not backing down when the going gets tough.
Lt. Ehren Watada's case is instructive. In June 2006, he refused to deploy to Iraq and publicly said why - that "as an officer of honor and integrity, (he could not participate in a war that was) manifestly illegal....morally wrong (and) a horrible breach of American law." He became the first US military officer to face court-martial for his action and was charged with:
one specification under UCMJ article 87 - missing movement;
two specifications under article 99 - contempt toward officials (for making public comments about George Bush); and
three specifications under article 133 for conduct unbecoming an officer.
If convicted on all charges, he faced possible dishonorable discharge, forfeiture of all pay and allowances, and seven years in prison. A military equivalent of a grand jury convened on August 17, 2006 to review the charges and rule on their justification. Watada called three expert witnesses in his defense:
former UN Iraq Humanitarian Coordinator (1997 - 1998) Denis Halliday who resigned under protest because he was "instructed to implement a policy that satisfies the definition of genocide (and already) killed well over one million individuals, children and adults;"
US Army Colonel Ann Wright who resigned her commission as a State Department foreign service officer in March 2003 to protest a "war of aggression (in) violat(ion) of international law;" and
Professor Francis Boyle, international law and human rights expert, activist, and author of numerous books, papers, and articles on these topics.
On August 22, the Army reported on the proceeding and recommended all charges be referred to a general court-martial. It began in February 2007 under very constricted rules - denying a First Amendment defense, disallowing one's questioning the legality of the war, and refusing to allow expert testimony, including from Cohn.
However, legal issues couldn't be excluded as they directly related to charges brought, so the prosecution introduced them at trial. In addition, Watada firmly stated before testifying that he refused to deploy because of the war's illegality.
Unable to stop him from saying this, judge John Head declared a mistrial. He'd lost control of the proceeding, knew Watada was on solid ground, and had to prevent his evidence from being introduced to avoid the embarrassing possibility of an acquittal on one or all charges. If it happened, the war's illegality would be exposed and its continuation jeopardized.
Under the Fifth Amendment's "double jeopardy" clause, Watada can't be retried on the same charges. It states no person shall be "subject for the same offense to be twice put in jeopardy of life or limb." Watada's triumph by mistrial was a powerful tribute to his convictions and spirit. It's also an inspiration to civil resisters and all members of the military to follow in his footsteps.
On October 22, 2008, US District Court Judge Benjamin Settle agreed with Watada's double jeopardy claim and dismissed three of the five counts against him. In mid-May, beyond the timeline of Cohn and Gilberd's book, the Department of Justice dropped plans to retry him on two remaining counts, but his legal problems continue as the Army is still weighing further action. Fort Lewis spokesman Joe Piek said the base's leadership is considering "a full range of judicial and administrative options that are available, and those range from court-martial on those two remaining specifications, to nonjudicial punishment, to administrative separation from the Army."
If they can't win one way, they may keep harassing Watada and make him pay by attrition. Millions of war resisting Americans may have other ideas, and organizations like Project Safe Haven, Courage to Resist, Veterans for Peace, and Iraq Veterans Against the War are united with others in demanding an end to Watada's persecution as well as two illegal wars and occupations.
They also support "high-visilbility demonstrations, protests and street theater," along with the right to resist and dissent. The law supports them "to speak out on a broad range of issues" using all means of technology to do it. Military regulations also "can be powerful weapons for service members who choose to dissent."
DOD Directive 1325.6 Guidelines for Handling Dissent and Protest Activities among Members of the Armed Forces describes basic rights for "dissident and protest activities" with guidelines pertaining to:
possession and distribution of printed materials;
off-base locations allowed;
publishing underground newspapers and materials;
off-base demonstrations and protests; and
rules for military personnel participation.
Resisters have the law and regulations on their side if they conform to their provisions therein - "consistent with good order and discipline and the national security." But going up against the Pentagon and Department of Justice is never easy, and even winning exacts a great toll.
But fundamentally, "GIs do in fact have the right to express their opposition to the wars verbally and in writing, share that position with the media, state it on the Internet, distribute it to other GIs in newspapers or leaflets, say it from the microphone at national antiwar rallies, and show it by marching in off-base antiwar demonstrations and picket lines" - as long as they're off-duty, off-base, and out of uniform.
Imperfect as it is and getting worse, it's still America, and growing numbers of GIs, their families and friends are resisting two illegal wars and occupations, demanding they end, and the nation returned peace. Those goals are worth everyone's time to fight for, and it's high time more among us did it.. Challenging Racism
For many decades, young recruits are taught to kill by portraying enemies as subhuman. So the Japanese were called "Japs" and portrayed in cartoons as apes or savage gorillas; North Koreans, North Vietnamese and Viet Cong were called "gooks;" and Arabs are called "rag-heads," "camel jockeys" and "sand niggers." As a result, extreme racism is a pervasive problem in the military. But it's a proved effective way to motivate soldiers to fight and kill by viewing Westerners as superior to nonwhite enemies globally.
Many Winter Soldiers (2008) "discussed the pervasiveness of racist behavior," admitted using racial epithets, and "engag(ing) in brutality that dehumanized Iraqis and Afghanis." However Vietnam-era history "shows that organizing and protests by African American, Latino, and other minority GIs (with support from other service members)" offer the best chance of achieving real change. But success depends on ending the Pentagon's proven way to teach young recruits to kill, so getting the top brass to abandon it won't be easy. Sexual Harassment and Sexual Assault in the Military
Teaching recruits "sexism and sexual imagery" works the same way as indoctrinating racism. Soldiers are taught to equate "strength and discipline in combat (to) sexual prowess," military violence to the sexual kind, and "disobedience, nonconformity, or weakness as feminine."
Today, sexism is so embedded in military culture that female soldiers pay the price. They're discriminated against in training, assignments, promotion, much else, and are frequent victims of harassment and sexual assault - the former through "unwelcome sexual advances, requests for sexual favors," and other similar behavior; the latter includes "rape and other forcible or unwanted sexual contact...."
In a male-dominated military, this behavior is embedded, ritualized, and symbolic of male power. The highly-publicized September 1991 Tailhook incident is a prominent example but a rare one that made headlines. It involved a group of Naval aviators sexually assaulting 26 women at one of their annual gatherings. They cornered and surrounded them, passed them down a gauntlet, jeered, taunted, grabbed, fondled, and tried to strip them.
Similar incidents are all too common, and for years top brass knew of and tolerated them. They have documented evidence that half or more of women in all branches have been victims of sexual harassment or assault. It shows a profound contempt many military men (including top brass) have for women in the ranks, at the enlisted and officer levels.
Complaints, studies, hearings and regulations do little to halt these practices. Reports surface often about harassment, assaults, rape and other demeaning behavior in basic training, the service academies, duty assignments of all kinds, and in combat. The military today is no safer for women than it ever was. It never will be unless the Pentagon changes its ideology, how it trains GIs, and if it's willing to impose stiff penalties to offenders. The Medical Side of War
The state of the military's health care system is deplorable. Pressed to fund and fill the ranks for two illegal and unpopular wars, Congress and the Pentagon pay scant attention to the injured, sick, and psychologically damaged. It's further testimony to a nation defiling its principles - ones observed only rhetorically, hardly ever in practice, and not at all once the usefulness of combatants is over.
The Iraq and Afghan wars have produced an epidemic of psychological wounds that for many end up permanent. Post-traumatic stress disorder (PTSD) is frighteningly common, yet care delivered is minimal, inadequate, and dismissive of a major problem afflicting many tens of thousands of returning vets.
Others from the Vietnam era retained their scars, and it's happening again today. Many couldn't find work then or now, abused their spouses, and too often ended up homeless or committed suicide (before or after coming home). An uncaring nation didn't notice nor does it today. The real crime is that the Pentagon and Congress are well versed on these problems, yet do little to address them. Only unbridled militarism, advancing imperialism, filling the ranks, funding numerous weapons systems and munitions, and enriching war-profiteers matter.
The result for hundreds of thousands returning from past and current wars is untreated medical needs, an uncertain future, and the knowledge that the nation they fought for doesn't care when they're no longer needed. Vietnam vets know it, and so do ones today from Iraq and Afghanistan.
Without a draft, the military needs volunteers to fill the ranks. The result is the stop-loss practice of involuntarily extending enlistment terms and frequent redeployments, even for those with serious physical or psychological injuries.
The Pentagon denied the affects of Agent Orange in Vietnam and the existence of Gulf War Syndrome from the first Iraq war. In 1990 - 91 and now, its likely cause was the widespread use of depleted uranium (DU), the proliferation of other toxic substances, and the illegal use of dangerous vaccines in violation of the Nuremberg Code on medical experimentation. No rules apply in our war fighting, nor does the health and welfare of our recruited men and women matter - enlisted to be used, then discarded when their service ends. It's especially evident in the "medical side of war" when those most in need are largely ignored and forgotten.
How the US Department of Veterans Affairs (VA) handles disability claims highlights a problem reaching epidemic levels. In early May 2009, the Veterans Benefits Administration and Board of Veterans Appeals at VA had a backlog of 915,000 claims, and their rate is growing so fast it may now be approaching or past one million and climbing.
Things are so bad for returning vets that most face an average six month wait for benefits and up to four years to have their appeals heard when they're denied - which is often. It's in addition to the shameful treatment GIs get for their health needs - many serious and requiring extensive, expensive treatment, often not gotten from an uncaring nation. Discharges
Many GIs become disillusioned when they learn promises made are hollow. Some seek early discharges that can be gotten honorably but not easily most often with the nation at war on two fronts and needing all the troops it can get. Still numerous reasons qualify for an Expiration of Active Obligated Service (EAOS), including CO status, disability and illness.
family hardship or dependency factors;
parenthood for single parents or in cases where husbands and wives are in the military;
pregnancy or childbirth;
inadequate performance or conduct during the first six months of training;
qualification under the "don't ask, don't tell" for gays and lesbians;
specific personality disorders;
other physical or psychological factors that don't qualify for medical discharges;
erroneous enlistments, including contract violations and recruiter fraud;
alien status; especially relevant at a time undocumented Latinos (mainly Mexicans) are recruited with promises (then broken) of a green card for them and their family as well as free education, medical care, and post-service employment;
being a sole surviving family member;
unsatisfactorily performing duties;
"separation from the Delayed Entry Program (DEP)" that entraps "youths still in school or the Delayed Training Program (DTP)" for enlistment in the reserves; and
less than honorable discharges for misconduct, drug abuse, court-martial, and other undesirable factors.
Other administrative discharges are also available, all honorable, including "general" ones under honorable conditions. But recruits get little information during training. Those requesting them are told discharges are impossible, so to get the facts civilian sources must be consulted. It takes time, and following proper procedures is essential. But the payoff is worth the trouble for those willing to do it and counseling is available to help.
A GI Rights Network has a toll-free hotline, and there are other organizations as well. They're in it "for the long haul" to instruct today's military how to exit honorably from two illegal wars and avoid the risk of death or disabling injuries. The Families
America's wars harm families as well as GIs. They must cope with the same problems of long, repeated deployments, possible death or permanent impairment, and the lasting affects of war-related trauma that afflict even those visibly or otherwise unscathed.
Some families go public against the Iraq and Afghan wars, recruiter lies and misconduct that entrap their loved ones, and as civilians they're free to speak publicly with no restrictions on what they may say.
Gold star mothers spoke out against the Vietnam War, and today Cindy Sheehan (whose son Casey was killed in Iraq five days after he arrived) and other parents who lost sons and daughters founded Gold Star Families for Peace. They say honor our lost loved ones by ending these illegal wars and occupations, stop invading other countries, and return the nation to peace.
Military Families Speak Out (MFSO) is the largest organization of its kind against the Iraq war with chapters in 29 states. They support their loved ones, demonstrate, speak out publicly, and lobby Congress the way some of their members did earlier against the Vietnam war. "These courageous families....endure unspeakable suffering....join together to support one another....work to end the war....(and represent) the power of collection action."
They're "a powerful force in the effort to end these wars. They can tell the truth to counter recruiters' deceptions." They can effectively represent their loved ones and help others through a common effort to free us all from the scourge of war. Conclusion
America's Iraq and Afghan wars are illegal and immoral. Every service member is obligated by law to disengage, resist, and refuse any longer to participate. US and international laws support them, and as Ehren Watada stated in his defense: "An order to take part in an illegal war is unlawful in itself. So my obligation is not to follow the order to go to Iraq."
Increasing numbers of others are deployed as part of America's permanent war and occupation agenda - continuing no differently under Obama than George Bush. To know what's planned for Iraq, Afghanistan and future US targets, think Korea. US forces arrived in 1950 and never left. Think Japan as well. They've been there as well since WW II, on the mainland and choicest real estate of the country's southern-most and poorest prefecture - Okinawa.
Further, since the Japanese surrendered in August 1945, America has had no enemies anywhere - except those invented to advance a global imperial agenda at the expense of our nation's youths and their families, other loved ones, and friends at home. Wars guarantee new ones and a permanent cycle of violence, death and destruction, the only winners being profiteers who benefit hugely.
As a result, growing numbers of GIs, veterans, families, and the general public are opting to "disengage" and resist. Together they represent power enough to impact "whether or not the United States is able to carry out these and future wars of aggression."
Most Americans oppose the Iraq war and its continued toll on GIs and their families. It's just a matter of time until opposition to Afghanistan is as great and with luck whatever new conflicts the administration plans. Those sent to fight them and their families end up losers. Their choice is clear and unequivocal - absolutely refuse any longer to participate and with enough sharing that view, they'll end. With overwhelming homeland needs unmet at a time of grave economic crisis, honor and necessity must dictate our future course. It's up to mass public activism to demand it.
The following testimony, about the use of white phosphorous by the Israeli army in Gaza, was originally published in the booklet Cast Lead, July 2009. (Click here to download Cast Lead).
Then we went back north, about 500 meters from the fence, and stayed there all night as look-outs. We saw nothing special. The next day we got back to base to get new mission orders and were once again assigned to a force from Battalion *** with whom we went in. We walked with them on the beach and saw all the white phosphorus bombs I've told you about, we saw glazing on the sand. Can you describe it? What did you see?
You're walking along the sand and hear this crunch of something being crushed. We looked down and saw what looked like the shards of thousands of broken glass bottles. What color did it have?
A dirty brown. Did you see remains of this elsewhere nearby?
There was an area of about 200-300 square meters of glazed sand like that. We understood this resulted from white phosphorus, and it was upsetting. Why?
Because in training you learn that white phosphorus is not used, and you're taught that it's not humane. You watch films and see what it does to people who are hit, and you say, "There, we're doing it too." That's not what I expected to see. Until that moment I had thought I belonged to the most humane army in the world, I knew that even in the West Bank, when we go into a neighborhood, we do it quietly so that people won't see us, but also in order not to disturb them, no less. We're not… Even when Molotov cocktails were thrown at us in the West Bank, we wouldn't shoot, the rules are very explicit. If your own life is at risk, you shoot. But under no other circumstances. Practically speaking, how often are you really in a life-threatening situation in the West Bank? Until that moment I had never fired a shot except at cardboard targets, just at the shooting range and maneuvers, and I also understood why. An IDF soldier does not shoot for the sake of shooting nor does he apply excessive force beyond the call of the mission he is to perform. We saw the planes flying out and you see from which building the rocket is launched against Israel and you see the four houses surrounding that building collapsing as soon as the airforce bombs. I don't know if it was white phosphorus or not, and I don't really care that much, but whole neighborhoods were simply razed because four houses in the area served to launch Qassam rockets. I don't know what else can be done, but it does seem somewhat unfair. What, the proportions?
Yes. It's disproportionate. When you went in, the airforce was still in action and the heavy equipment – not rifles, but artillery, armor and auxiliary fire. You were watching what was being fired there, and how the tanks and mortars were used?
From what I saw in our missions, tanks were often sent in, platoons from Battalion ***, to secure close cover, stand together with several tanks on a range, the tanks waited for something to move in order to return fire effectively. I didn't go in with the heavy equipment, we were attached to special units who did not work with the heavy equipment. What do you mean by "waiting for something to move"? What were your rules of engagement? What were you told at the briefings?
"Anything looks suspicious to you, open fire." What is suspicious? Arms and intent are both valid there, too?
Yes. You have to detect weapons, verify that person is not one of ours. If he has something on him, that is grounds enough to… No intent, even without intent.
They were assuming that anyone present in a bombed-zone, carrying a Kalashnikov, is no weapons collector. You go into Al Atatra, and you see buildings, houses?
Ruins. I entered Al Atatra after seeing aerial photos and didn't identify anything, and my photographic memory is not that bad. I remembered that 200 meters further on down the track there should be a junction, with two large houses at the corners, and there wasn't. I remembered there was supposed to be a square with a Hamas memorial monument, and there wasn't. There was rubble, broken blocks. How did destruction affect your ability to communicate, to navigate?
It got to the point where we would try to report to field intelligence about a figure sticking out its head or a rocket being launched, and the girl (at field intelligence) would ask, "Is it near this or that house"? We'd look at the aerial photo and say, "Yes, but the house is no longer there." "Wait, is it facing a square?" "No more square." She would ask us if this was the third or fourth junction, and we'd tell her the houses are all crushed over the junction and you don't see a single junction. It got to the point where we could hardly see our way. Later I went in to the lookout war-room and asked how things worked, and the girl-soldiers there, the lookouts, resented the fact that they had no way to direct the planes, because all of their reference points were razed. So they would direct them in general terms or rely solely on coordinates. They found their reference points on aerial photos shared by the pilots and the war-room, and very approximated, which also annoys me. What is this, approximation? It's highly possible that now the pilot will bomb the wrong house. Were you told of this approximation, or is this your own take on things?
It was my own take on things. She tells him, "Take some 800 meters east of the sea and so and so meters at such and such an azimuth from this or that line," and you say, "Wait, if he does not use the compass and other instruments in his cockpit for these measurements, then possibly he'll miss targets, it's not so far-fetched. This is not the 'smart bomb' we had been working on so hard. Could be he's using such a bomb, but aiming at the wrong target."
Several months have passed since the end of Operation Cast Lead in Gaza, and many israelis are still not aware of what really happened there. For lack of basic facts, we are forced to accept unconditionally the positions of the official bodies, which assure us that in spite of any doubts, the idF’s conduct was faultless and public accountability is uncalled for. this publication includes the testimonies of around thirty combatants who took part in the operation in early 2009. the testimonies that appear here were gathered over the past few months from soldiers who served in all sectors of the operation. the majority of the soldiers who spoke with us are still serving in their regular military units and turned to us in deep distress at the moral deterioration of the idF. although this publication does not claim to provide a broad, comprehensive review of all the soldiers and the units who carried out the operation, these narratives are enough to bring into question the credibility of the official IDF versions.
There are many significant gaps between the testimonies we gathered. These testimonies describe use of the ‘neighbor procedure’ and of white phosphorus ammunition in densely inhabited neighborhoods, massive destruction of buildings unrelated to any direct threat to israeli forces, and permissive rules of engagement that led to the killing of innocents. We also hear from the soldiers about the general atmosphere that accompanied the fighting, and of harsh statements made by junior and senior officers that attest to the ongoing moral deterioration of the society and the army. during the operation, the military rabbinate made its own contribution to these expressions when it introduced controversial religious and political interpretation under the auspices of the idF and with its blessing. Although certain features characteriz introducyed this operation as a whole, significant differences can be found among the various geographic areas and units. such variation is also addressed in this publication.
In the past few months, the idF spokesperson has gone to great lengths to prove that if there were any moral problems with the war at all, they were merely on the level of the ‘delinquent soldier,’ rather than a widespread, systemic issue. the stories of this publication prove that we are not dealing with the failures of individual soldiers, and attest instead to failures in the application of values primarily on a systemic level. the idF’s depiction of such phenomena as ‘rotten apple’ soldiers is a tactic used to place the responsibility solely on individual soldiers on the ground and to evade taking responsibility for the system’s serious value and command failures. the testimonies of the soldiers in this collection expose that the massive and unprecedented blow to the infrastructure and civilians of the Gaza strip were a direct result of idF policy, and especially of the rules of engagement, and a cultivation of the notion among soldiers that the reality of war requires them to shoot and not to ask questions.
This collection of testimonies offers a brief glance at Operation Cast Lead, and what occurred during the operation at the hands of the idF on behalf of israeli society. We believe that the existence of a moral society clearly requires a profound, honest discussion, of which the voice of soldiers on the ground is aninseparable part.
That this voice was missing from public discourse around the fighting in Gaza obliged us to hasten publication of these testimonies them. Because of time pressure and the complex process of verifying the testimonies, we are not able to publish here all the materials in our possession. the testimonies in this book are categorized by subject and appear in the exact language of the soldier speaking. Military terminology is explained in parentheses.
Those who break their silence in this publication describe in their testimonies how actions defined as anomalous yesterday become the norms of tomorrow, and how the emissaries of israeli society continue, along with entire the military system, to slide together down the moral slippery slope. this is an urgent call to israeli society and its leaders to sober up and investigate anew the results of our actions.
We would like to take this opportunity to thank our many volunteers and supporters who enabled the publication of this booklet on such short notice. Without their extensive assistance and support, this publication would not have reached your hands.
This article, by Jack Goldsmith, was psted to e-Arianna, June 01, 2009
The revelation last weekend that the United States is increasingly using foreign intelligence services to capture, interrogate and detain terrorist suspects points up an uncomfortable truth about the war against Islamist terrorists. Demands to raise legal standards for terrorist suspects in one arena often lead to compensating tactics in another arena that leave suspects (and, sometimes, innocent civilians) worse off.
The U.S. rendition program -- which involves capturing suspected terrorists and whisking them to another country, outside judicial process -- began in the 1990s. The government was under pressure to take terrorists off the streets and learn what they knew. But it could not bring them to the United States because U.S. law made it too hard to effectively interrogate and incapacitate them here. So instead it shipped them to Egypt and other places to achieve the same end.
A similar phenomenon has occurred with the U.S. detention of terrorist suspects at Guantanamo Bay. The Gitmo facility was established after the Sept. 11, 2001, attacks because the Bush administration believed it needed to apply a different detention and interrogation regime than would be allowed at home. Over the past eight years, courts have exported U.S. legal standards to the island, and now President Obama has promised to close the detention facility.
But closing Guantanamo or bringing American justice there does not end the problem of terrorist detention. It simply causes the government to address the problem in different ways. A little-noticed consequence of elevating standards at Guantanamo is that the government has sent very few terrorist suspects there in recent years. Instead, it holds more terrorists -- without charge or trial, without habeas rights, and with less public scrutiny -- at Bagram Air Base in Afghanistan. Or it renders them to countries where interrogation and incarceration standards are often even lower.
The cat-and-mouse game does not end there. As detentions at Bagram and traditional renditions have come under increasing legal and political scrutiny, the Bush and Obama administrations have relied more on other tactics. They have secured foreign intelligence services to do all the work -- capture, incarceration and interrogation -- for all but the highest-level detainees. And they have increasingly employed targeted killings, a tactic that eliminates the need to interrogate or incarcerate terrorists but at the cost of killing or maiming suspected terrorists and innocent civilians alike without notice or due process.
There are at least two problems with this general approach to incapacitating terrorists. First, it is not ideal for security. Sometimes it would be more useful for the United States to capture and interrogate a terrorist (if possible) than to kill him with a Predator drone. Often the United States could get better information if it, rather than another country, detained and interrogated a terrorist suspect. Detentions at Guantanamo are more secure than detentions in Bagram or in third countries.
The second problem is that terrorist suspects often end up in less favorable places. Detainees in Bagram have fewer rights than prisoners at Guantanamo, and many in Middle East and South Asian prisons have fewer yet. Likewise, most detainees would rather be in one of these detention facilities than be killed by a Predator drone. We congratulate ourselves when we raise legal standards for detainees, but in many respects all we are really doing is driving the terrorist incapacitation problem out of sight, to a place where terrorist suspects are treated worse.
It is tempting to say that we should end this pattern and raise standards everywhere. Perhaps we should extend habeas corpus globally, eliminate targeted killing and cease cooperating with intelligence services from countries that have poor human rights records. This sentiment, however, is unrealistic. The imperative to stop the terrorists is not going away. The government will find and exploit legal loopholes to ensure it can keep up our defenses.
This approach to detention policy reflects a sharp disjunction between the public's view of the terrorist threat and the government's. After nearly eight years without a follow-up attack, the public (or at least an influential sliver) is growing doubtful about the threat of terrorism and skeptical about using the lower-than-normal standards of wartime justice.
The government, however, sees the terrorist threat every day and is under enormous pressure to keep the country safe. When one of its approaches to terrorist incapacitation becomes too costly legally or politically, it shifts to others that raise fewer legal and political problems. This doesn't increase our safety or help the terrorists. But it does make us feel better about ourselves.
This editorial, by Grant Lawrence, was posted to OpEd News, February 27, 2009
President Obama has decided to continue the policy of American Global hegemony. Obama has had a rare opportunity to make a real change in American foreign policy but instead has decided to opt for Bush Lite--a foreign policy a little more palatable but almost as deadly.
Recently the President has asked for $205 billion to continue the wars in Iraq and Afghanistan until 2010. Although the spin in the managed media is that Obama is ending the war in Iraq by 2010. The President will still have close to 50,000 American troops in Iraq after that date.
If you recall, last year Bush had been negotiating a troop withdrawl with Iraqi Prime Minister Nouri al-Maliki and it called for a deal in which all combat troops would withdraw by 2010.
President Obama has promised to expand the war in Afghanistan and has recently sent another 17,000 troops there. But the Obama Administration is also expanding the war into Pakistan with the recent drone attacks on Pakistani villages.
So Obama's decisions to continue occupying Iraq with a large military presence and military bases for many years to come, to expand the war in Afghanistan, and to extend military attacks into Pakistan is pretty much what you would expect from our former NeoCon Doctrine of Empire.
Also Obama's silence last December and later support for the Israeli war on Gaza was pretty much a NeoLib response to the usual NeoCon support of Israeli atrocities.
So far President Obama has proven that American foreign policy will run a course dictated by the military industrial complex no matter who is President, as many of us suspected before the election.
His recent actions have made him our new "War President" and unfortunately they are a continuation of failed Bush policies. The United States will continue to occupy that region of the world for Oil and strategic positioning but it will be a costly and deadly move. So far it has taken over a trillion dollars, more than a million dead Iraqis, thousands of dead Americans, and tens of thousands of wounded Americans to put some bases in Iraq and set up a puppet government.
How many more lives and at what cost will it take to continue the occupations in Iraq and Afghanistan?
Americans voted for change and a President that believed in peace last November. What America got was the NeoLib version of a Neocon vision of empire and global dominance.
America got itself a new War President.