Haditha And The Menendez Defense

Time Magazine Cover on HadithaCan we agree on a few basic things? Can we agree that unprovoked premeditated murder is a criminal act? Can we agree that there is no excuse for murdering toddlers in cold blood? Can we agree that we must punish capital crimes?

There is a dangerous argument that is emerging over the revelations of massacre at Haditha. Adding to the chorus coming from the right is an op-ed in today’s Washington Post by Frank Schaeffer. The op-ed is titled "What’s Lost in the Hue and Cry Over Haditha" and the "hue and cry" in the title should give you an indication of what the op-ed will argue.

Schaeffer trots out the "War is Hell" argument in excusing the Haditha massacre. He appeals to our respect for the veterans of World War II to argue that even in that war atrocities were committed. He cites a passage from Norman Lewis’ memoir "Naples ’44" to illustrate that atrocities were committed in World War II:

"I saw an ugly sight: a British officer interrogating a civilian, and repeatedly hitting him about the head with the chair; treatment which the [civilian], his face a mask of blood, suffered with stoicism. At the end of the interrogation, which had not been considered successful, the officer called on a private and asked him in a pleasant, conversational sort of manner, ‘Would you like to take this man away, and shoot him?’ The private’s reply was to spit on his hands, and say, ‘I don’t mind if I do, sir.’

"I received confirmation . . . that American combat units were ordered by their officers to beat to death [those] who attempted to surrender to them. These men seem very naive and childlike, but some of them are beginning to question the ethics of this order.

"We liberated them from the Fascist Monster. And what is the prize? The rebirth of democracy. The glorious prospect of being able one day to choose their rulers from a list of powerful men, most of whose corruptions are generally known and accepted with weary resignation. The days of Mussolini must seem like a lost paradise compared to us."

No doubt that Bill O’Reilly will pick up on this excuse next week on the heels of his false accusation that Americans, and not the Germans, committed murder at Malmedy.

Schaeffer follows his retelling of Lewis’s account with the meat of the matter:

If Lewis’s account were the only surviving document from World War II, we might assume that allied nation-building ended in catastrophe. We would wonder why a morally outraged peace movement didn’t stop our troops from carrying out their failed and brutal campaigns.

Sixty years later and caught up in another war, we are confronted by the massacre in Haditha. And we are also caught up in the anguish of another generation of young men and women asked to kill but to keep killing within "civilized" bounds, to take insults, be fired upon by men hiding behind women and children, yet not respond in kind. [Emphasis added by me.]

That is really the crux of his argument. How can our troops be expected to not "respond in kind" when the enemy behaves so badly? Ok, I’ll bite on the moral argument. Especially since Schaeffer tugs at our heartstrings by recounting his son’s distress at being deployed in Afghanistan and challenges our moral standing to dare criticize actions on the battlefield:

It’s time for the critics of our military to also earn a little moral authority by volunteering themselves or encouraging their children to do so. Anything less is nothing more than arm’s-length moralizing. [Emphasis added by me.]

Well, sir, let me do some "arm’s-length moralizing" before I get to the real meat of the matter. No American is criticizing the American Military for the Haditha massacre, but rather, we are defending the American Military when we demand that these acts are not tolerated. If you want to condone or advocate the killing of innocent toddlers because you can’t take the heat of battle there are countless terrorist organizations that I recommend that you join. They will be glad to accept your application and agree with your rationalization. The American military is not the place for your kind of rationalization. There is a difference between a civilized and disciplined military and a terrorist organization. The American military does not target nor does it condone the deliberate killing of innocent civilians. The way to maintain discipline in an organized military is to quickly isolate and punish acts of barbarism.  For a final word on this, allow me to quote United States Army Major General William Caldwell from a recent press conference (as replayed on CNN’s Late Edition today):

The coalition does not and it will not tolerate any unethical or criminal behavior.

That is a rather clear and forceful statement from the United States Military. The American public should expect and demand no less from our military.

After the My Lai massacre in Vietnam, the only person ever punished for murdering 504 innocent old men, women and children was Lt. William Calley. He received 3 and a half years of house arrest for his crimes. The American public was overwhelmingly sympathetic to Calley because after all it was "gooks" he had killed and anyone knows that the only good "gook" is a dead "gook". On the other hand, the hero of My Lai, Chief Warrant Officer Hugh Thomson was vilified as a traitor because he dared save the lives of 10 women and babies from the murderous guns of Calley and his cohorts. In condoning the massacre at My Lai, the American public collectively bore the responsibility for those killings. It disgraced this nation and it disgraced the military.

The American people and the American Military have come a long way since My Lai. We have learned that premeditated murder cannot be excused. Excusing such crimes tarnished the entire military and the American people. Vigorously prosecuting these crimes does not tar the military, as Mr. Schaeffer suggests, but rather shows that the military will not tolerate these crimes. It protects the military from being overrun by this kind of barbarism. It sets a civilized and disciplined fighting force apart from terrorists and murderers. It honors our military to not tolerate criminal behavior. It recognizes that when bad things happen in war, civilized nations and militaries do not condone it but aggressively fight against it. After all, that is what the Geneva Conventions were adopted to recognize – that even in war, there is right and wrong, there is morality.

Haditha will not become My Lai as long as the American Military and the American people do not allow it to happen. These acts, whenever they occur, must be condemned. We need to appeal to the honor and discipline of our men and women in our military, not to baser instincts that Mr. Schaeffer appeals to when he condones "respond[ing] in kind". There is a reason why there is a "hue and a cry" over Haditha, Mr. Schaeffer. To remind you of the reasons, I recommend that you repeat after me: "There is no excuse for murdering babies." Here endeth the "arm’s length moralizing."

Posted in Foreign Policy, Human Rights, Iraq, Politics | 3 Comments

Wide World Of Blogs!

 

Wide World Of Blogs!

Spanning the globe to bring you the constant variety of the web…the thrill of victory…and the agony of defeat…the human drama of athletic blogging…this is Mash’s Wide World of Blogs!

Ok, since I have yet to get any complaints, I feel like I have a mandate to carry on. This week’s worthy reads are:

Donkephant

To kick off Torture Awareness Month, Donkephant offers a refresher course to the Bush Administration on good manners (as adopted by the United Nations in its Convention Against Torture). This post is a good place to start for all of us. I would especially recommend the post to Mr. Gonzales at the Justice Department.

Blogger Round Table

Ingrid discusses the effect torture has on the torturer. She recalls Stanley Milgram’s obedience experiments and how they showed how easy it is to slide incrementally into cruelty and lose one’s own moral compass. It is a glimpse into what our leaders are doing to our men and women on the front lines by their tortured and legalistic justifications of torture.

Thoughts From A Flyover State Refugee

I don’t know what they are doing over there in Kansas! They have decided to dress Keith Olbermann up in tights. Now, don’t get me wrong – I like Keith and I watch him every night, but one has to draw the line somewhere. Go check out the ghastly sight. And while you are there you can also read about how Keith filleted the Big Giant Head over some "fair and balanced" reporting on the atrocities at Malmedy. (And, guys, Olbermann has two N’s)

Life from the trenches….literally

Paul has a video message for the President accompanied by the music of Pink. It is poignant and powerful, as are all his videos. Watch and listen to it in quiet surroundings – it will make quite an impact.

The Bengali Fob Says…

The Fob has World Cup Fever and so do I. Go to her blog and watch Nike’s Juga Bonito video for five minutes of fun. As most of the humans on this planet know the FIFA World Cup begins on June 9th in Germany. If you don’t already love The Beautiful Game (Football or Soccer, if you prefer), here’s your chance to catch the fever. For those who are still not converted, I give you the Antonin Scalia greeting. I am a soccer Fanatic, with a capital F. All through the next month, I will be soccer crazed. So be forewarned that more than once a soccer post may appear on this blog.

That’s it for now. The astute observer will note that I have not highlighted Jon Swift’s latest post this week about the big brains at DHS. That is because I don’t want to become too predictable 🙂

Enjoy the journey!

Posted in Blog Reviews | 8 Comments

Is It Safe?

 

Torture Awareness Month

 

Is It Safe?Torture needs a rationale to survive. Torture needs a justification. States that torture always find ways to justify torture as an act that is within the law. They use the law as the first weapon of torture. Before the drills are powered up, before the electricity is turned on, before the water is boiled, before the knives are sharpened, it is the lawyer who strikes the first and most lethal blow.

The Nazis were very good at codifying torture. They had brilliant but morally bankrupt lawyers craft legal arguments to justify their increasingly sadistic methods in order to get "information vital to the interests of the State". The world, however, was not impressed and saw evil for what it was – evil. In response to the crimes of the Nazis the United Nations adopted the Universal Declaration of Human Rights (UDHR) in 1948 to try to ensure that the barbarism of the Nazis would never be repeated again. The Preamble to the UDHR states in part:

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in cooperation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge, […]

Noble as it was, the UDHR did not prevent States from engaging in horrific acts of torture. Recognizing the continued practice of torture, The United Nations, in 1984, adopted the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. This Convention was supposed to remove once and for all the scourge of torture from the arsenals of civilized nations.

John YooThe United Nations did not count on an enterprising young lawyer named John Yoo. In August 2002, while working at the Justice Department John Yoo authored what became known as the "Torture Memo". John Yoo also authored other fine works that any Police State or young Nazi would be proud of, but for today, I would like to focus on his loving treatment of torture. Yoo wrote this memo in response to then White Counsel Alberto Gonzales’ request for a legal justification of "enhanced interrogation techniques" the Bush Administration was learning to master. The Bush Administration needed a legal justification to torture and John Yoo was more than eager to provide one.

John Yoo is a fine and brilliant lawyer. He took to the task of justifying torture with gusto. However, he ran into one big problem. That problem was the UN Convention against Torture. On the face of it, the Convention’s language is pretty clear about what constitutes torture and what the obligations of each State that is a party to the Convention are. The Convention in Article I paragraph 1 defines torture:

For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

Yoo argued that the United States defines torture differently than the United Nations and it said so when it ratified the Convention (under the first President Bush). He further argued that no State at the time objected to the US’s narrower definition of torture. Therefore, the US was not committing torture. Furthermore, he argued, even if the United States was committing torture, no international court had the authority to hold the United States in violation of the Convention. Nana nana boo boo! Yoo concluded his schoolboy argument:

Thus, we conclude that the Bush Administration’s understanding created a valid and effective reservation to the Torture Convention. Even if it were otherwise, there is no international court to review the conduct of the United States under the Convention. In an additional reservation, the United States refused to accept the jurisdiction of the ICJ (which, in any event, could only hear a case brought by another state, not by an individual) to adjudicate cases under the Convention. Although the Convention creates a Committee to monitor compliance, it can only conduct its studies and has no enforcement powers.

It is no small coincidence that Yoo was also the chief proponent of the Presidential Signing Statement in the Bush Administration. He argues that laws and conventions can be interpreted by the President in any way he chooses. So, the President never actually violates a law or a convention, he simply reinterprets it.

In his defense of his memo and Alberto Gonzales, John Yoo unabashedly defended the American definition of torture by blaming Congress:

The Senate and Congress’ decisions provided the basis for the Justice Department’s definition of torture:

"Physical pain amounting to torture must be equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death. For purely mental pain or suffering to amount to torture (under U.S. law), it must result in significant psychological harm of significant duration, e.g., lasting for months or even years. . . . We conclude that the statute, taken as a whole, makes plain that it prohibits only extreme acts.”

Besides, he argued, the United States did not accept the entire Convention; it only accepted the "torture" part (with modified definition) and not the "cruel, inhuman and degrading punishment" part:

Not only does the very text of the convention recognize the difference between cruel, inhuman and degrading treatment and torture, but the United States clearly chose to criminalize only torture.

I suppose it would not help to point out to Mr. Yoo that the Convention is "against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment". The "other" in the Convention’s title and in its text would seem to most English speakers to clearly indicate that "torture" is a subset of "cruel, inhuman or degrading treatment or punishment" and not separate from "cruel, inhuman or degrading treatment or punishment". But who am I to quibble with such a fine lawyer?

Last month the United Nations Committee Against Torture strongly criticized the United States for clear violations of the Convention Against Torture. I am sure that does not bother Mr. Yoo. After all, as he has stated, so what? They can’t force the United States to stop torturing.

Behind the tortured legal arguments lies the mind of a monster. In December 2005, during a debate at Norte Dame University, John Yoo acknowledged that no treaty or law prevents the President from authorizing torture of a child, including "crushing the testicles" of the child. First the State decides to torture, and then it uses the law to justify the torture. Dr. Joseph Mengele would tear up with pride.

Torture at its most basic level is carried out by jackbooted thugs who inflict pain and humiliation upon a helpless human being. But the thugs are just instruments that carry out the policy. In that the actual torturers are like the electric drills or the electrodes used to inflict the pain. These thugs are the mindless foot soldiers of the State. The real criminals are the ones who rationalize torture, who give it breath, who give it life. They often do not see the violence and cruelty their policies and rationalizations unleash. They are far removed from the blood and the feces. They do not have to wash their hands of the stench of death or decay. They are the real perpetrators of torture. They are the ones who need to be stopped if torture is to be eradicated.

These poisonous minds, like John Yoo, have infected the body of the United States with their poisonous policy. For the United States to recover from this sickness of torture, it must hold these sinister minds accountable and reject their kind. These policies are unworthy of a nation that was once the beacon of human rights. Shame on us until we end the torture.

Posted in Human Rights, Torture | 13 Comments

Never Mind The Corpse In The Street

 

The Real Iraq

 

Propagandists

Amir Taheri has written an article for Commentary magazine entitled "The Real Iraq". As most people know by now, Taheri is the charlatan who made up the Iranian Jewish badge story out of whole cloth. Taheri is also a so-called "expert" on Iraq; and in that capacity he was invited to the White House this week to brief President Bush on the situation in Iraq.

Amir Taheri is a favorite of the neo-cons and is an apologist for the Shah of Iran. He is an Iranian monarchist who was the editor of the Kayhan newspaper until the Shah of Iran was deposed in 1979. Ever since then he has been lying and twisting the truth to try to convince the United States or Israel to attack Iran. Taheri would like nothing better than to be able to stroll back into power in some future monarchist Iran. In the mean time he curries favor with Israel and the Bush Administration by doing their bidding in print.

Not surprisingly, Amir Taheri’s "Real Iraq" is a place were democracy is flourishing, where the birds are singing, the bees are mating, and George W. Bush’s Iraq policy is on the verge of triumph. Taheri’s thesis on Iraq can be summed up as follows: "Don’t believe everything you see, read, or hear; believe me instead because I am an expert". He claims that the troubles of Iraq are made up by the media and the American public should believe none of it:

Spending time in the United States after a tour of Iraq can be a disorienting experience these days. Within hours of arriving here, as I can attest from a recent visit, one is confronted with an image of Iraq that is unrecognizable. It is created in several overlapping ways: through television footage showing the charred remains of vehicles used in suicide attacks, surrounded by wailing women in black and grim-looking men carrying coffins; by armchair strategists and political gurus predicting further doom or pontificating about how the war should have been fought in the first place; by authors of instant-history books making their rounds to dissect the various “fundamental mistakes” committed by the Bush administration; and by reporters, cocooned in hotels in Baghdad, explaining the “carnage” and “chaos” in the streets as signs of the country’s “impending” or “undeclared” civil war. Add to all this the day’s alleged scandal or revelation—an outed CIA operative, a reportedly doctored intelligence report, a leaked pessimistic assessment—and it is no wonder the American public registers disillusion with Iraq and everyone who embroiled the U.S. in its troubles. [Emphasis added by me.]

Taheri tells us that we should not trust reports from reporters like Kimberly Dozier who report from their hotel balconies. But have no fear, Uncle Taheri is here to tell you the truth because he alone is qualified and he alone knows where to look to see the "real Iraq":

For someone like myself who has spent considerable time in Iraq—a country I first visited in 1968—current reality there is, nevertheless, very different from this conventional wisdom, and so are the prospects for Iraq’s future. It helps to know where to look, what sources to trust, and how to evaluate the present moment against the background of Iraqi and Middle Eastern history.

Taheri tells us his secret to discovering the "real Iraq" is a 5-point program that he has mastered over 40 years of lying:

Since my first encounter with Iraq almost 40 years ago, I have relied on several broad measures of social and economic health to assess the country’s condition. Through good times and bad, these signs have proved remarkably accurate—as accurate, that is, as is possible in human affairs. For some time now, all have been pointing in an unequivocally positive direction.

 Taheri’s five point program tells us the following signs point to a happy day in Iraq:

  1. The number of refugees leaving Iraq is low.
  2. There are a lot of Shia pilgrims.
  3. The Iraqi currency, the dinar, is doing well relative to currencies from neighboring countries.
  4. Business is booming in Iraq.
  5. Iraqis are talking more these days. There are more newspapers, blogs, etc. than there were during Saddam’s time.

In the interest of humoring this moron (I really shouldn’t, it only encourages him) I will briefly discuss each one of his markers on how to measure "success" in Iraq:

  1. Iraq is in the middle of sectarian warfare. Instead of Iraqis migrating out of Iraq, there is a movement of Iraqis within Iraq. Shias are moving out of Sunni neighborhood and Sunnis are moving out of Shia neighborhoods. This is a very bad sign for any society. This is what happens in societies that are being torn apart from the inside.
  2. Of course there are a lot of Shia pilgrims in the Shia holy sites in the Shia areas. Many pilgrims from Iran are pouring into Iraq for pilgrimages. Even so, sectarian violence has claimed lives at Shia shrines in Najaf, Karbala and other shia holy cities. Most prominently the Al Aksari mosque in Samarra, one of Shia Islam’s holiest shrines, was destroyed in February of this year by unknown attackers. The result was an orgy of sectarian bloodshed that has continued to this day.
  3. The value of the Iraqi dinar is a false measure, as it is not traded on the international currency market yet.
  4. Business generally booms when there is sectarian strife. The business climate however is very risky due to the fact that you could be killed at any moment. In fact, business in Iraq is booming so much that entrepreneurs are now offering terror insurance.
  5. Iraqis are no doubt talking more. There is no longer just the official Iraqi media run by Saddam Hussain. That has been replaced by many newspapers and media outlets belonging to the different warring factions. Perhaps Taheri should pay attention to what the newspapers and blogs are talking about. The daily fare in Iraq tends to be about the previous day’s death toll.

Taheri in painting his happy picture of Iraq ignores the daily carnage that is taking place there. I am not quite sure how he explains away the dead bodies that are dumped on the streets of Baghdad every night with bullet holes and drill holes in their skulls. I am not sure how he explains away the IEDs and the car bombs that claim so many Iraqi and American lives every day. I am not sure how he explains away the militias that man checkpoints in most major Iraqi cities. I am not sure how he explains away the infiltration of the Iraqi police by the Badr Brigade and the Mahdi Militia. I am not sure how he explains away the insurgent strongholds in western Iraqi towns even after repeated assaults by the US military. Iraq today is a "Republic of Fear" where killing has become commonplace. Of course that is not the "real Iraq" that Taheri has conjured up in his own head.

On an average Iraqi day, anywhere from 30 to 60 people are being killed in sectarian violence. That is 900 to 1800 dead per month. That is about 11,000 to 22,000 killed every year. By any measure that is a very deadly civil war. In the Lebanese civil war that lasted from 1975 to 1990, over 100,000 people lost their lives. At the present rate of killing in Iraq, if the war lasts 15 years there will be between 165,000 to 330,000 deaths. That rate by far eclipses the Lebanese civil war.

Amir Taheri concludes his fantasy by calling democracy "messy" (where have I heard that before?):

Is Iraq a quagmire, a disaster, a failure? Certainly not; none of the above. Of all the adjectives used by skeptics and critics to describe today’s Iraq, the only one that has a ring of truth is “messy.” Yes, the situation in Iraq today is messy. Births always are. Since when is that a reason to declare a baby unworthy of life?

Taheri is engaged in the latest right wing strategy that attempts to paint a pretty picture of Iraq. To do this they must convince the American people that what they are hearing, seeing or reading is not the truth. It’s the latest load of crap from the "trust me" brigade. It is also a favorite method of Nazi propagandists. Yes, I said "Nazi". For all the nazi analogies that are being thrown about by the right wing, they should look in the mirror and the world should call them on it.

Taheri and his brand of propaganda have a place in the dustbin of history. The fact that this charlatan is being given a hearing at the White House should worry us all. Like Ahmed Chalabi, this Iranian fraud should be exposed for his pack of lies. Unlike Ahmad Chalabi, this fool should be exposed before he does further damage to United States interests.

 

Posted in Foreign Policy, Iraq, Media, Politics | 9 Comments

Torture Awareness Month

Bloggers Against TortureJune is Torture Awareness Month. June 26th is the date that the United Nations has marked as the International Day in Support of Survivors and Victims of Torture.

This blog has joined Bloggers Against Torture to spread awareness of American torture policy. The United States has increasingly used torture as a weapon in the "War on Terror". Throughout this month I will post articles that call attention to this abhorrent practice.

Here is what you can do to help:

  • Visit the Torture Awareness Month website for more information on US torture policies and how you can help end these policies through community action, lobbying and other activities.
  • If you are a blogger, please join Bloggers Against Torture.
  • Please spread the word to your friends and neighbors by referring them to the Torture Awareness Month website.
Posted in Human Rights, Torture | 4 Comments