War Crime In Qana

Posted on July 31, 2006 by Mash

 

Massacre at Qana

 

Israel late Saturday night killed more than 60 Lebanese civilians including at least 34 children in an airstrike on a building in the Lebanese village of Qana. I was up last night blogging as part of the Blogathon 2006 charity event when the news flashed on CNN.

The Israeli defense of their actions was articulated last night by a very angry young IDF spokesman on CNN. He insisted that Israel was not to blame for killing civilians because of the following reasons:

  • Hezbollah started it.
  • Hezbollah fired rockets from around the village of Qana.
  • Israel asked civilians to flee Southern Lebanon therefore cannot be held responsible for killing the ones who stayed behind.

In a combative interview with CNN International’s Shihab Rattansi, the IDF spokesman insisted that it was Hezbollah who was to blame and Israel was only defending herself. So, this is Israel’s idea of self-defense. Most sane people call this a war crime.

First, let’s list the facts:

  • Israel fired a missile at a civilian building in Qana.
  • Over 60 civilians were killed.
  • Zero Hezbollah were killed. 

Last night, the CNN anchors kept asking the openly exasperated CNN reporters who had been to the scene if they had seen any rocket parts at the scene. To which one CNN reporter (I believe it was Karl Penhaul) replied, with frustration in his voice, that he had seen lots of dead children, and body parts, but he had yet to see a rocket part. Tonight as I write this, General David Grange is on CNN complaining that Hezbollah waits for Israelis to kill civilians and then videotapes the scene for political purposes. He complained that there was "overreaction" on the part of the international community. His only suggestion for Israel was that perhaps they should change tactics because they were losing the propaganda war.

I have news for General Grange, it was CNN who was on the scene of this one rather quickly. It was CNN reporters who were visibly shaken by this incident. No amount of spin from you or anyone else will wash away this war crime.

Here’s is how The Guardian newspaper saw the war crime:

It was an unremarkable three-storey building on the edge of town. But for two extended families, the Shalhoubs and the Hashems, it was a last refuge. They could not afford the extortionate taxi fares to Tyre and hoped that if they all crouched together on the ground floor they would be safe.

They were wrong. At about one in the morning, when some of the men were making late night tea, an Israeli bomb pulverised the house. Some witnesses describe two explosions a few minutes apart, with survivors desperately moving from one side of the building to the other before being hit by the second blast. By tonight, more than 60 bodies had been pulled from the rubble, said the Lebanese authorities, 34 of them children; there were only eight known survivors.

The bombing, the bloodiest single incident in Israel’s 18-day campaign against Hizbullah, drew instant condemnation from around the world and sparked furious protests outside the UN headquarters in Beirut. The Lebanese prime minister, Fouad Siniora, accused Israel of committing "war crimes" and called off a planned meeting with the US secretary of state, Condoleezza Rice. Israel apologised for the loss of life but said it had been responding to rockets fired from the village.

Mohamad Qassim Shalhoub, a slim 38-year-old construction worker, emerged with a broken hand and minor injuries, but he lost his wife, five children and 45 members of his extended family. "Around one o’clock we heard a big explosion," he said. "I don’t remember anything after that, but when I opened my eyes I was lying on the floor and my head had hit the wall. There was silence. I didn’t hear anything for a while, but then heard some screams."

"I said: ‘Allahu Akbar [God is great]. Don’t be scared. I will come.’ There was blood on my face. I wiped it and looked for my son but couldn’t find him. I took three children out – my four-year-old nephew, a girl and her sister. I went outside and screamed for help and three men came and went back inside. There was shelling everywhere. We heard the planes. I was so exhausted I could not go back inside again. "

Ibrahim Shalhoub described how he and his cousin had set out to get help after the bombs hit. "It was dark and there was so much smoke. Nobody could do anything till dawn," he said, his eyes still darting around nervously. "I couldn’t stop crying, we couldn’t help them."

Said Rabab Yousif had her son on her knee when the first bomb fell.

"I couldn’t see anything for 10 minutes and then I saw my son sitting in my lap and covered with rubble," she recalled. "I removed the dirt and the stones I freed him and handed him to the people who were inside rescuing us.

"I then started freeing myself, my hands were free, and then went with two men to rescue my husband. We pulled him from the rubble. I tried to find Zainab, my little daughter, but it was too dark and she was covered deep in rubble I was too scared that they might bomb us again so I just left her and ran outside." She was in hospital with her son and husband, who was paralysed and in a coma. There was no news of her daughter.

In addition to being a war crime, this is also an act of cowardice by Israel. Faced with the launching of a rocket containing up to a 90-pound warhead, Israel’s response was to launch a bunker buster to destroy a nearby building. Given that these rockets, the Katyushas, are small enough to be man portable, what is the military justification of using a bunker buster bomb to destroy a mobile launcher? What was Israel trying to achieve?

It seems to me if Israel wanted to take down a guerrilla force like Hezbollah, they would engage in ground combat with them. But, perhaps it is easier to bomb buildings full of civilians rather than to fight men with guns. That is an act of a coward. At the beginning of this conflict, Israel’s military already stated Israel’s intention to go after civilians and civilian infrastructure:

Israel called Wednesday’s abductions an act of war, and Maj. Gen. Udi Adam, head of Israel’s Northern Command, said he has "comprehensive plans" to battle Hezbollah throughout Lebanon, not just in its southern stronghold.

"This affair is between Israel and the state of Lebanon," Adam said. "Where to attack? Once it is inside Lebanon, everything is legitimate — not just southern Lebanon, not just the line of Hezbollah posts." (Watch as Israeli forces enter Lebanon — 2:29)

Earlier, Israel’s chief of staff, Lt. Gen. Dan Halutz, told Israel’s Channel 10, "If the soldiers are not returned, we will turn Lebanon’s clock back 20 years."

"Everything is legitimate" indeed! Seldom have war criminals declared their intentions so plainly ahead of the crime.

Who else is complicit? Why, it is the Bush Administration. Fragments found at the site of the bomb that murdered the women and children had this label on it: "GUIDED BOMB BSU 37/B". That is the label of an American 5000 pound bunker buster, courtesy of the Bush Administration. Just last week the Bush Administration rushed a new shipment to Israel so they could blow up more civilians and civilian infrastructure.

Today, as the entire world demanded an immediate ceasefire, the United States stood alone at the United Nations in rejecting any cessation of hostilities. Just as it did last week, the United States has blocked a ceasefire. In doing so, it is complicit in this Israeli war crime.

The most disingenuous comment on this tragedy so far has come from none other than George W Bush:

President Bush on Sunday renewed his call for a "sustainable peace" in the Middle East while his administration urged Israel to avoid civilian casualties in the wake of a deadly airstrike in Lebanon.

"Our hope for peace for boys and girls everywhere extends across the world, especially in the Middle East," the president said before the start of a T-ball game at the White House.

"Today’s actions in the Middle East remind us that friends and allies must work together for a sustainable peace particularly for the sake of children," Bush told the teams of youngsters and visitors. [Emphasis added by me.]

George W Bush pays lip service to the killing of Lebanese children while supplying the very bombs that killed them. A reporter asked Mr. Bush after his comments if he was putting principle ahead of lives. Mr. Bush walked away without answering – no doubt with thoughts of his "culture of life" agenda dancing through his otherwise empty thoughtscape.

Ehud Olmert began this orgy of killing to rescue 2 Israeli soldiers. What has he achieved so far? He has killed civilians in their homes. He has killed civilians as the fled the carnage. He has killed civilians in ambulances. His warplanes have strafed civilians as they lay dying on the highways of Lebanon. His missiles have found their mark on the helpless forms of sleeping infants.

What has he achieved? He has failed to damage Hezbollah. In fact, Hezbollah is stronger today than they were at the beginning of this conflict. Hezbollah is stronger today because of Ehud Olmert’s actions and George W Bush’s inactions. The only certainty is that the blood of Lebanese children is on Olmert’s hands. This stain will not wash off – no matter how much spin and what justification is spun by Israel or the Bush Administration.

Israel says it needs two more weeks to bring Hezbollah to heel. Instead what Israel will get is two more weeks of killing civilians. Hezbollah will do just fine.

This war is over save the killing.

 

Posted in Foreign Policy, Human Rights, Middle East Conflict, Terrorism | 15 Comments

Hugo And Vladimir Make A Deal

Posted on July 30, 2006 by Mash

Bosom BuddiesIn the age of terrorism, the international arms bazaar is alive and well. While George W Bush myopically marches forward in his War on Terror, the rest of the world is quietly arming themselves and taking sides. Last week, America’s "strategic partner" and George W Bush’s soul mate Vladimir Putin inked a $3 billion arms deal with the always-entertaining Hugo Chavez of Venezuela. Washington protested feebly as Moscow counted the money.

In a multi-year deal, Venezuela will purchase 24 Russian Sukhoi Su-30 fighter jets and 53 military helicopters. In addition, Venezuela will begin manufacturing Kalishnakov rifles under license from Russia. There are also reports that Venezuela plans to purchase surface-to-air missiles and a submarine from Russia in the future. This new deal comes on the heels of a deal signed with Russia last year for 100,000 AK-47s and 10 military helicopters. Like the current deal, the previous deal also faced feeble protests from the United States.

Russia isn’t alone in selling arms to the oil rich South American country. Last year even Spain got in on the act by selling Chavez naval patrol vessels and transport planes for "peaceful purposes". It goes without saying that the United States complained to Spain about the arms sale and was promptly ignored.

The United States has imposed a unilateral arms embargo on Venezuela to try to squeeze Mr. Chavez. Predictably, the arms embargo opened the door to the rest of the world to feast on Venezuela’s vast oil wealth. Venezuela is purchasing the Russian fighter jets to specifically replace American F-16s that it now possesses. With no spare parts available for the F-16s, it was only a matter of time before Venezuela found a more willing arms pusher.

Enter Vladimir Putin. Since taking office he has increased Russian arms exports by 70%. The revamped Russian arms export business brings much needed revenue into the Russian economy. While the United States busies itself by selling arms to allies in the War on Terror such as Israel, Saudi Arabia, Egypt, Jordan, and Pakistan, Vladimir Putin’s Russia picks up the slack by supplying arms to China, India, Venezuela, Iran, Syria, Sudan, Myanmar and the Palestinians. There is no ethics in the arms business. It is a profit-driven multi-billion dollar industry that has littered the 20th century with the deaths of millions. Now the same stellar record of death and conflict all over the Third World continues unabated in the 21st century. The wars and politics have changed, but the profit motive remains the same.

While each side accuses the other of arming countries that commit human rights abuses, the only sure result is a better-armed world. Russia, for its part, says that by selling arms to some states the United States might consider disreputable, it is violating no international embargoes or laws:

Russia says it abides strictly by international embargoes, and does not engage in trade with banned regimes. But rights groups criticize it for not unilaterally limiting itself.

The International Action Network on Small Arms (IANSA) says Russia has sold weapons to states whose forces have committed abuses. "In Russia’s export control system, there is virtually no reference to controlling arms exports for reasons connected with respect for international human rights and humanitarian law," the network of agencies said in a June briefing paper.

While the United States obsesses over the threat of Weapons of Mass Destruction, it is the proliferation of small arms in the Third World that poses the greatest threat to the average citizen of the world. Not surprisingly, the Bush Administration opposes any treaty banning the trade in small arms because it may weaken its stance on the Second Amendment.

By itself, the Venezuelan arms deal does not pose an immediate national security risk to the United States. However, it does pose a long-term challenge to the stability of the region as Venezuela modernizes its armed forces and sets up its own arms manufacturing capability. Inevitably, if left unchecked, Venezuela will become an exporter of arms to other countries in the region. Given Chavez’s well-known distaste for the Bush Administration, the possibility of miscalculation exists both in Caracas and in Washington. Furthermore, with characters like Otto Reich and Elliot Abrams in the Bush Administration, any apparent provocation from Venezuela might trigger a neo-con fantasy war in South America. Having failed in 2002 to overthrow Chavez, the neo-cons in the Bush Administration would love to get another crack at him.

Now is the time for tough and nuanced diplomacy with Venezuela to diffuse what could become, without active diplomacy, a serious national security issue for the United States. However, I am not optimistic that the Bush Administration is capable of preemptive diplomacy. Its Doctrine of Preemption is strictly military. The irony of course is that by following its doctrine, the Bush Administration ignores the very diplomacy that would have prevented the need for preemptive war. Having proved its value in the Middle East, the Bush Administration is likely to bring its failed Doctrine to South America.

Here’s to hoping that time runs out on this Administration before a regional concern turns into a regional war.

[Cross posted at Taylor Marsh]

Posted in Foreign Policy | 6 Comments

Detainee 546

Posted on July 30, 2006 by Mash

Detainee 546 at Guantanamo Bay is an Afghan farmer named Muhibullah. He was picked up by Afghan warlords and likely sold to the American forces in Afghanistan. Muhibullah is a Pashtu speaking farmer who is poor and illiterate. He is believed to be about 35 years old, although he is not really sure how old he is.

After being picked up by Afghan warlords he was put in prison and tortured. He was then handed over to the Americans and subsequently ended up at Guantanamo Bay. He does not allege that he was tortured in Guantanamo Bay. He was taken by the Afghan warlords because they were rounding up all Pashtu speaking people they could find to later sell to the Americans.

To give you an idea of the caliber of detainees the Bush Administration is holding at Guantanamo Bay, I will list for you the charges against him from his appearance, with the assistance of an interpreter, at the Combatant Status Review Tribunal [p. 64]:

  • He is accused of being a night security guard between 1998 and 1999 for Syed Sha Aga, a Taliban commander in Kabul.
  • He is accused of being a local tribal mediator for water disputes between November 2000 and February 2001, and between September 2001 and November 2001. He is not accused of being a fighter during this time.
  • He is accused of attending a dinner with Kamal, a local Northern Alliance Commander under warlord Ismail Khan, the legendary Mujahideen commander.
  • He is accused of acquiring an AK-47 from a man named Abdul Ghafar.
  • He is accused of surrendering to the Northern Alliance in November 2001.

He was also earlier accused of being the Acting Governor of Shibarghan Province. The New York Times gives us a flavor of how his defense was handled:

At one review hearing last year, an Afghan referred to by the single name Muhibullah denied accusations that he was either the former Taliban governor of Shibarghan Province or had worked for the governor. The solution to his case should have been simple, Mr. Muhibullah suggested to the three American officers reviewing his case: They should contact the Shibarghan governor and ask him.

But the presiding Marine Corps colonel said it was really up to the detainee to try to contact the governor. Assuming that the annual review board denied his petition for freedom, noted the officer, whose name was censored from the document, Mr. Muhibullah would have a year to do so.

"How do I find the governor of Shibarghan or anybody?" the detainee asked.

"Write to them," the presiding officer responded. "We know that it is difficult but you need to do your best."

"I appreciate your suggestion, but it is not that easy," Mr. Muhibullah said.

The rest of his Tribunal appearance also followed a similar script.

Muhibullah admitted to working as a night security guard in 1998 and 1999. In his defense he stated that he was not fighting anyone and most villagers had to perform these duties for the Government. He also pointed out the obvious fact that at the time Afghanistan was not at war with the United States.

He admitted to being a local dispute mediator in the village and again pointed out the obvious fact that he was not a combatant. In fact, at the time he was picked up he was not aware who was fighting whom – he did not know if the Americans were fighting the Northern Alliance or the Taliban.

He admitted to attending a dinner at Kamal’s house. He said he had gone to Kamal’s house at his relatives’ advice to seek assistance in safely getting back to his village. Instead, Kamal took all his money and belongings and threw him in jail the next morning. He was later tortured and then finally handed over to the Americans. He pointed out the obvious fact that he is accused of having dinner with his captor and having dinner with an American ally does not seem particularly sinister.

He claimed to not know anyone named Abdul Ghafar and categorically denied receiving an AK-47 from a man he does not know. Here is the exchange between Muhibullah and the Tribunal President [p. 67]:

4. The Detainee acquired a rifle from a Mujahideen fighter, Abdul Ghafar.

Muhibullah: I do not know this person. I do not know Abdul Ghafar. I do not know if he is working with the Americans or against the American Government. I did not have any rifle or any type of weapon from this person. If the Tribunal can explain this question to me in detail – who is this person, where or when – then I might know something. But with that point, I totally disagree because I cannot remember that person.

Tribunal President: That is fine. We have no further evidence.

Finally, Muhibullah explained that he had not surrendered to anyone. Surrendering suggests that he was fighting, and no one had accused him of being a fighter. He also pointed out that he, even by the American military’s version of events, had gone to Kamal’s house and had dinner with him. Kamal took him prisoner the next morning against his wishes. He explained that that does not amount to surrender.

After hearing Muhibullah’s defense, the Tribunal decided that Muhibullah should not be released from Guantanamo Bay. Ultimately the tribunal decided that there was more reason to hold him than to release him. The factors that favored continued detention, according to the Tribunal, were [p. 82]:

  • His association with the Taliban:
    • He is alleged to have surrendered to the forces of Ismail Khan.
    • He was a night watchman in 1998 and 1999.
  • Training:
    • He received AK-47 and RPG training from his uncle. [Not mentioned at his hearing.]
  • Intent:
    • He admitted to carrying an AK-47 while on duty as a night watchman.

I doubt if any respectable legal system in the world would find grounds to hold this man. However, the Bush Administration and its kangaroo courts at Guantanamo Bay have found cause to hold this poor man.

One has to wonder, if this is the level of detainees at Guantanamo Bay, how successful the Bush Administration has been in actually apprehending real al Qaeda terrorists.

 [Cross posted at Bloggers Against Torture]

Posted in Human Rights, Torture | 2 Comments

Debunking The “Ticking Bomb” Argument For Torture

Posted on July 30, 2006 by Mash

Alan Dershowitz uses the "ticking bomb" scenario to justify torture. Though Dershowitz makes other equally flimsy excuses to justify torture, the so-called "ticking bomb" scenario is the one that has the most emotional appeal. This is also the argument trotted out most by torture apologists.

The "ticking bomb" scenario goes something like this: if a terrorist has planted a bomb (say, nuclear) in the middle of a major American city (say, New York) and you have managed to capture him but he won’t tell you where he planted the bomb, what do you do? No, this isn’t a question from the movie "Speed", but it is the torture apologists’ favorite question. Would you torture the terrorist in the hope that he will tell you where he planted the bomb? Most people, when confronted with this hypothetical scenario, will likely choose torture to extract the information that will save millions of lives. It sounds so simple.

There are plenty of arguments that can be made to debunk this notion. The moral and legal argument is that if you allow torture in one circumstance, then you are liable to slide down a slippery slope that is very dangerous for a law-abiding society. However, I want to make a rather basic argument that is often lost when this emotional scenario is discussed. My argument is rather simple: torture in this circumstance is guaranteed not to work.

I don’t say that torture in the "ticking bomb" scenario may not work; I say that it will never work. The reason is simple. If you are positing a scenario where a terrorist has already decided to kill millions of people, why would he cough up information to spoil his plans? Does it really matter how much you torture him? Does he believe that if he gives up the information you, the torturer, will somehow forgive him for trying to kill millions of people? He has a much better incentive to lie. By lying he achieves a two-fer. He not only ensures that the "ticking bomb" will go off killing the millions that he intended (including quite likely himself and his interrogators), he also ensures that the torture will stop (at least temporarily) while the hapless torturer and his cohorts follow the false lead. It’s that simple. He has every incentive to lie and no incentive to tell the truth.

While Alan Dershowitz busily tries to reshape his argument, his grand experiment in torture will have killed millions of people. One could then argue that Mr. Dershowitz, by advocating a path that was sure to fail (and thereby denying law enforcement the other more effective alternatives currently at their disposal), would be morally culpable for the deaths of millions. Perhaps, Dershowitz the Torture Apologist, should consider that before he writes another one of his torture tomes.

[Cross posted at Bloggers Against Torture]

Posted in Terrorism, Torture | 1 Comment

The Dark Prison

Posted on July 29, 2006 by Mash

According to Human Rights Watch, the Bush Administration has operated a secret prison near Kabul, Afghanistan since 2002. The secret prison is affectionately known as "The Dark Prison". It has served as the drop off point for detainees captured in Afghanistan, Pakistan and the Middle East. Detainees are introduced to the art of torture here before being shipped off to other secret CIA torture stations or to Guantanamo Bay. The Dark Prison is the halfway house of the torture world. They practice the kinder gentler version of torture at The Dark Prison, leaving the more esoteric forms of torture to the more permanent CIA black sites.

The authorized kinder gentler torture techniques practiced by the CIA include (in increasing levels of discomfort):

1. The Attention Grab: The interrogator forcefully grabs the shirt front of the prisoner and shakes him.

2. Attention Slap: An open-handed slap aimed at causing pain and triggering fear.

3. The Belly Slap: A hard open-handed slap to the stomach. The aim is to cause pain, but not internal injury. Doctors consulted advised against using a punch, which could cause lasting internal damage.

4. Long Time Standing: This technique is described as among the most effective. Prisoners are forced to stand, handcuffed and with their feet shackled to an eye bolt in the floor for more than 40 hours. Exhaustion and sleep deprivation are effective in yielding confessions.

5. The Cold Cell: The prisoner is left to stand naked in a cell kept near 50 degrees. Throughout the time in the cell the prisoner is doused with cold water.

6. Water Boarding: The prisoner is bound to an inclined board, feet raised and head slightly below the feet. Cellophane is wrapped over the prisoner’s face and water is poured over him. Unavoidably, the gag reflex kicks in and a terrifying fear of drowning leads to almost instant pleas to bring the treatment to a halt.

These authorized techniques combine with creative freelance techniques to give The Dark Prison its reputation. Human Rights Watch has documented reports from detainees who have been guests there:

The detainees said U.S. interrogators slapped or punched them during interrogations. They described being held in complete darkness for weeks on end, shackled to rings bolted into the walls of their cells, with loud music or other sounds played continuously. Some detainees said they were shackled in a manner that made it impossible to lie down or sleep, with restraints that caused their hands and wrists to swell up or bruise. The detainees said they were deprived of food for days at a time, and given only filthy water to drink.  

…

It was pitch black no lights on in the rooms for most of the time…. They hung me up. I was allowed a few hours of sleep on the second day, then hung up again, this time for two days. My legs had swollen. My wrists and hands had gone numb…. There was loud music, [Eminem’s] “Slim Shady” and Dr. Dre for 20 days…. [Then] they changed the sounds to horrible ghost laughter and Halloween sounds. [At one point, I was] chained to the rails for a fortnight…. The CIA worked on people, including me, day and night…. Plenty lost their minds. I could hear people knocking their heads against the walls and the doors, screaming their heads off.

On the upside, no detainee claimed to have been kept at the facility for longer than six weeks. The other benefit of being in The Dark Prison is that it is convenient to the airport:

Most of the detainees said they were arrested in other countries in Asia and the Middle East, and then flown to Afghanistan. Detainees who arrived by airplane said they were driven about five minutes from a landing field to the prison. Afghan guards told some of them that the facility was located near Kabul. Some detainees who were kept at the facility were transferred at various times to and from another secret facility near Kabul. The detainees said they were later transferred to the main U.S. military detention facility near Bagram, where many other Guantánamo detainees say they were initially held.  

The downside of course is that if you are unlucky to be an inmate at The Dark Prison, you are likely at the beginning of a long journey that will be punctuated by torture and more torture at other facilities around the world. You will either be "disappeared" or find yourself in Guantanamo Bay.

There is some speculation that The Dark Prison may have been closed in late 2004 in favor of the better-equipped facility in Bagram, Afghanistan. Nevertheless, this facility remains as another dark spot in the tortured legacy of George W Bush and his Administration.

When the Bush Administration has been relegated to the dustbin of history, we will look back at facilities like The Dark Prison and Abu Ghraib with shame and disgust. We will look back at this time in history as the period when America misplaced its humanity.

[Cross posted at Bloggers Against Torture]

Posted in Foreign Policy, Human Rights, Torture | 1 Comment