Saturday, May 22, 2004 NYT on Iraq and Geneva Convention
Presented last fall with a detailed catalog of abuses at Abu Ghraib prison, the American military responded on Dec. 24 with a confidential letter asserting that many Iraqi prisoners were not entitled to the full protections of the Geneva Conventions... Prisoners of war are given comprehensive protections under the Third Geneva Convention, while civilian prisoners are granted considerable protection under the Fourth Convention. But under the argument advanced by the military, Iraqi prisoners who are deemed security risks can be denied the right to communicate with others, and perhaps other rights and privileges, at least until the overall security situation in Iraq improves.
The military's rationale relied on a legal exemption within the Fourth Geneva Convention.
"While the armed conflict continues, and where `absolute military security so requires,' security detainees will not obtain full GC protection as recognized in GCIV/5, although such protection will be afforded as soon as the security situation in Iraq allows it," the letter says, using abbreviations to refer to the Article 5 of the Fourth Geneva Convention.
That brief provision opens what is, in effect, a narrow, three-paragraph loophole in the 1949 convention. The Red Cross's standing commentary on the provision calls it "an important and regrettable concession to State expediency." It was drafted, during intense debate and in inconsistent French and English versions, to address the treatment of spies and saboteurs.
"What is most to be feared is that widespread application of the article may eventually lead to the existence of a category of civilian internees who do not receive the normal treatment laid down by the convention but are detained under conditions which are almost impossible to check," says the Red Cross commentary, which is posted on its Web site. "It must be emphasized most strongly, therefore, that Article 5 can only be applied in individual cases of an exceptional nature." ...
The category in which prisoners may be excluded from the protections of the Geneva Conventions that the letter cites, Professor Silliman said, are for people who can be shown to be a continuing threat to the occupying force, not people who might have valuable intelligence... The Red Cross report said that at the time of the October visits to Abu Ghraib, "a total of 601 detainees were held as security detainees." (NY Times)
Posted by Timothy,
8:05 PM
-
Senator Lugar One Republican, at least, is thinking right about foreign policy:
Lugar says military might alone is not enough to win the war on terrorism and often just succeeds in breeding more terrorists. He says the nation must use diplomacy to forge alliances and build peace, but that the foreign relations budget has been repeatedely slashed under the Bush and Clinton administrations.
All this in a speech at the Tufts commencement.
Posted by Nikhil,
6:07 PM
-
Senator Lugar One Republican, at least, is thinking right about foreign policy:
Lugar says military might alone is not enough to win the war on terrorism and often just succeeds in breeding more terrorists. He says the nation must use diplomacy to forge alliances and build peace, but that the foreign relations budget has been repeatedely slashed under the Bush and Clinton administrations.
All this in a speech at the Tufts commencement.
Posted by Nikhil,
6:07 PM
-
Friday, May 21, 2004 Energy Policy Blinders
There's been a lot of debate lately about releasing the Strategic Petroleum Reserve to lower record gas prices. Democrats (Kerry included) have blamed the high prices in part on Bush's refusal to release portions of the reserve. There is a legitimate argument to be made that releasing SPR oil would have a neglible impact on price (not to mention the fact that expensive gas shouldn't actually constitute a national emergency).
WA PO's Charles Krauthammer writes: The SPR is there for some catastrophic event, say a terrorist insurgency in Saudi Arabia that interrupts supply and could wreck the U.S. economy.
The fact is that the SPR is disturbingly small. According to its website, "In the event of an energy emergency, SPR oil would be distributed by competitive sale." [i.e. an auction]. The SPR is currently at around 650 million barrels which would provide import protection for 53 days. So after around eight weeks we would be totally screwed. I guess that might give us time to negotiate some kind of deal with other oil-rich allies, but this really is rather risky.
Krauthammer's solution: The idea is for the government -- through a tax -- to establish a new floor for gasoline, say $3 a gallon. If the world price were to rise above $3, the tax would be zero. What we need is anything that will act as a brake on consumption. Since America consumes 45 percent of the world's gasoline, a significant reduction here would bring down the world price.
Additionally, Kerry should propose that the first several thousand dollars of gas expenditures should be refunded to lower income Americans who really don't have the wherewithal to trade in the old Ford for a new hybrid Honda.
Posted by Dan,
3:14 PM
-
Thursday, May 20, 2004 Solicitor General's Office
The ranking Democrat on the House of Representatives' Judiciary Committee wants a congressional probe into whether the Justice Department misled the Supreme Court last month when a government lawyer told the justices that the United States does not engage in torture. (more)
Posted by Timothy,
3:02 PM
-
At heart of a secret operation to 'Gitmoize' Abu Ghraib: a General with a Crusader Mentality
Saving General Boykin seemed like a strange sideshow last October. After it was revealed that the deputy undersecretary of defence for intelligence had been regularly appearing at evangelical revivals preaching that the US was in a holy war as a "Christian nation" battling "Satan", the furore was quickly calmed. Donald Rumsfeld, the defence secretary, explained that Boykin was exercising his rights as a citizen: "We're a free people." President Bush declared that Boykin "doesn't reflect my point of view or the point of view of this administration". Bush's commission on public diplomacy had reported that in nine Muslim countries, just 12% believed that "Americans respect Arab/Islamic values". The Pentagon announced that its inspector general would investigate Boykin, though he has yet to report.
Boykin was not removed or transferred. At that moment, he was at the heart of a secret operation to "Gitmoize" (Guantánamo is known in the US as Gitmo) the Abu Ghraib prison. He had flown to Guantánamo, where he met Major General Geoffrey Miller, in charge of Camp X-Ray. Boykin ordered Miller to fly to Iraq and extend X-Ray methods to the prison system there, on Rumsfeld's orders. (link)
The Bush administration sure knows how to win hearts and minds.
Posted by Timothy,
2:51 PM
-
To get detainees at Abu Ghraib to talk, we've threatened to torture their son??
A military intelligence analyst who recently completed duty at Abu Ghraib prison in Iraq (news - web sites) said Wednesday that the 16-year-old son of a detainee there was abused by U.S. soldiers to break his father's resistance to interrogators.
The analyst said the teenager was stripped naked, thrown in the back of an open truck, driven around in the cold night air, splattered with mud and then presented to his father at Abu Ghraib, the prison at the center of the scandal over abuse of Iraqi detainees.
Upon seeing his frail and frightened son, the prisoner broke down and cried and told interrogators he would tell them whatever they wanted, the analyst said. (link)
Dozens of soldiers — other than the seven military police reservists who have been charged — were involved in the abuse at Iraq's Abu Ghraib prison, and there is an effort under way in the Army to hide it, a key witness in the investigation told ABCNEWS.
"There's definitely a cover-up," the witness, Sgt. Samuel Provance, said. "People are either telling themselves or being told to be quiet."
Provance, 30, was part of the 302nd Military Intelligence Battalion stationed at Abu Ghraib last September. He spoke to ABCNEWS despite orders from his commanders not to.
Posted by Timothy,
1:36 PM
-
Lost another ally? Musings on the possible direction of Indian foreign policy under Congress from a former Indian cabinet secretary.
The Congress (I) has accused the BJP-led Government of subservience to the US. The 'see no evil, speak no evil, hear no evil' policy followed by the BJP-led government with regard to the increased US activism in this region was one of the factors which made the Congress (I) dub the BJP as subservient to the US instead of being an equal strategic partner. After having leveled this charge, can the Congress (I) afford to follow a similar policy on this subject? This is a question which would haunt it after it assumes office.
Be warned: the man has a great many titles, but his command of English is not always exemplary.
Posted by Nikhil,
12:23 PM
-
Wednesday, May 19, 2004 Triumph of the Vast Right Wing Conspiracy
Saw this on Dartlog and thought it was good reading for FreeDartmouth folk. This is what we are up against and I happen to agree with the authors. The 2004 election is relatively small potatoes by comparison to the generational battle that conservatives have been fighting in this country since 1964. I think the Center for American Progress and Air America are both steps in the right direction, but it's going to take more to bring sanity back to this country.
Posted by Dan,
2:17 PM
-
Tuesday, May 18, 2004 Bush Fundraising: Outsourced Asia Times reports that
Indians are contributing handsomely to Bush's campaign funds while, until recently, there was a band of more than 100 dedicated call-center executives who were handling Bush's fundraising and vote-seeking campaign for the Republican Party from the outsourcing hubs of Noida and Gurgaon, which adjoin the national capital Delhi.
Now, personally, I'm all for Indians getting American jobs, but shouldn't a jingoistic republican party see things differently?
Posted by Nikhil,
8:01 PM
-
Deserter to be Court Martialed A solider who left his unit in Iraq after he was assigned to proccessing prisoners wrote says he left for a number of reasons, including the way prisoners were treated, which he says "was hard even for the soldiers, especially after realizing that many of these `combatants' were no more than shepherds."
For the cynics out there, these statements were filed on March 16, well before the current Abu Gharib headlines. The army will, nevertheless, court martial him according to this Fox News report. That the army needs to keep discipline is understandable, but a man who left his unit because he was reluctant to participate in illegal abuse might deserve some sympathy.
Posted by Nikhil,
5:58 PM
-
Reuters: our reporters in Iraq were arrested by U.S. soldiers, subject to sexual humiliation and sleep deprivation (er, sleep 'management') Please say this isn't all true... make it all stop! If this is right, sexual humiliation seems like it was very widespread; I can't see how it could be anything but a systematic policy.Reuters reports:
U.S. forces beat three Iraqis working for Reuters and subjected them to sexual and religious taunts and humiliation during their detention last January in a military camp near Falluja, the three said Tuesday...
An Iraqi journalist working for U.S. network NBC, who was arrested with the Reuters staff, also said he had been beaten and mistreated, NBC said Tuesday.
Two of the three Reuters staff said they had been forced to insert a finger into their anus and then lick it, and were forced to put shoes in their mouths, particularly humiliating in Arab culture.
All three said they were forced to make demeaning gestures as soldiers laughed, taunted them and took photographs. They said they did not want to give details publicly earlier because of the degrading nature of the abuse.
The soldiers told them they would be taken to the U.S. detention center at Guantanamo Bay in Cuba, deprived them of sleep, placed bags over their heads, kicked and hit them and forced them to remain in stress positions for long periods.
The U.S. military, in a report issued before the Abu Ghraib abuse became public, said there was no evidence the Reuters staff had been tortured or abused...
A summary of the investigation by the 82nd Airborne Division, dated January 28 and provided to Reuters, said "no specific incidents of abuse were found." It said soldiers responsible for the detainees were interviewed under oath and "none admit or report knowledge of physical abuse or torture."
"The detainees were purposefully and carefully put under stress, to include sleep deprivation, in order to facilitate interrogation; they were not tortured," it said. The version received Monday used the phrase "sleep management" instead.
The U.S. military never interviewed the three for its investigation. On February 3 Schlesinger wrote to Lawrence Di Rita, special assistant to Defense Secretary Donald Rumsfeld, saying the investigation was "woefully inadequate" and should be reopened.
"The military's conclusion of its investigation without even interviewing the alleged victims, along with other inaccuracies and inconsistencies in the report, speaks volumes about the seriousness with which the U.S. government is taking this issue," he wrote.
Posted by Timothy,
4:02 PM
-
More on how the Bush Administration could have attacked Zarqawi before the Iraq war From Fred Kaplan:
The second news story that heaves more burdens on the president comes from an NBC News broadcast by Jim Miklaszewski on March 2. Apparently, Bush had three opportunities, long before the war, to destroy a terrorist camp in northern Iraq run by Abu Musab Zarqawi, the al-Qaida associate who recently cut off the head of Nicholas Berg. But the White House decided not to carry out the attack because, as the story puts it:
[T]he administration feared [that] destroying the terrorist camp in Iraq could undercut its case for war against Saddam.
The implications of this are more shocking, in their way, than the news from Abu Ghraib. Bush promoted the invasion of Iraq as a vital battle in the war on terrorism, a continuation of our response to 9/11. Here was a chance to wipe out a high-ranking terrorist. And Bush didn't take advantage of it because doing so might also wipe out a rationale for invasion.
The story gets worse in its details. As far back as June 2002, U.S. intelligence reported that Zarqawi had set up a weapons lab at Kirma in northern Iraq that was capable of producing ricin and cyanide. The Pentagon drew up an attack plan involving cruise missiles and smart bombs. The White House turned it down. In October 2002, intelligence reported that Zarqawi was preparing to use his bio-weapons in Europe. The Pentagon drew up another attack plan. The White House again demurred. In January 2003, police in London arrested terrorist suspects connected to the camp. The Pentagon devised another attack plan. Again, the White House killed the plan, not Zarqawi.
When the war finally started in March, the camp was attacked early on. But by that time, Zarqawi and his followers had departed.
This camp was in the Kurdish enclave of Iraq. The U.S. military had been mounting airstrikes against various targets throughout Iraq—mainly air-defense sites—for the previous few years. It would not have been a major escalation to destroy this camp, especially after the war against al-Qaida in Afghanistan. The Kurds, whose autonomy had been shielded by U.S. air power since the end of the 1991 war, wouldn't have minded and could even have helped.
But the problem, from Bush's perspective, was that this was the only tangible evidence of terrorists in Iraq. Colin Powell even showed the location of the camp on a map during his famous Feb. 5 briefing at the U.N. Security Council. The camp was in an area of Iraq that Saddam didn't control. But never mind, it was something. To wipe it out ahead of time might lead some people—in Congress, the United Nations, and the American public—to conclude that Saddam's links to terrorists were finished, that maybe the war wasn't necessary. So Bush let it be.
In the two years since the Pentagon's first attack plan, Zarqawi has been linked not just to Berg's execution but, according to NBC, 700 other killings in Iraq. If Bush had carried out that attack back in June 2002, the killings might not have happened. More: The case for war (as the White House feared) might not have seemed so compelling. Indeed, the war itself might not have happened.
Posted by Timothy,
1:18 PM
-
"Bush White House checked with rapture Christians before latest Israel move"
It was an e-mail we weren't meant to see. Not for our eyes were the notes that showed White House staffers taking two-hour meetings with Christian fundamentalists, where they passed off bogus social science on gay marriage as if it were holy writ and issued fiery warnings that "the Presidents [sic] Administration and current Government is engaged in cultural, economical, and social struggle on every level"—this to a group whose representative in Israel believed herself to have been attacked by witchcraft unleashed by proximity to a volume of Harry Potter. Most of all, apparently, we're not supposed to know the National Security Council's top Middle East aide consults with apocalyptic Christians eager to ensure American policy on Israel conforms with their sectarian doomsday scenarios.
But now we know.
"Everything that you're discussing is information you're not supposed to have," barked Pentecostal minister Robert G. Upton when asked about the off-the-record briefing his delegation received on March 25. Details of that meeting appear in a confidential memo signed by Upton and obtained by the Voice.
The e-mailed meeting summary reveals NSC Near East and North African Affairs director Elliott Abrams sitting down with the Apostolic Congress and massaging their theological concerns. Claiming to be "the Christian Voice in the Nation's Capital," the members vociferously oppose the idea of a Palestinian state. They fear an Israeli withdrawal from Gaza might enable just that, and they object on the grounds that all of Old Testament Israel belongs to the Jews. Until Israel is intact and David's temple rebuilt, they believe, Christ won't come back to earth.
Abrams attempted to assuage their concerns by stating that "the Gaza Strip had no significant Biblical influence such as Joseph's tomb or Rachel's tomb and therefore is a piece of land that can be sacrificed for the cause of peace." (link)
Posted by Timothy,
11:36 AM
-
Monday, May 17, 2004 Bono at Penn
I'm not going to try to compare him to Immelt, because quite frankly I don't mind the choice of speaker, and I like the fact that he's a Dartmouth graduate. But, that doesn't mean that Bono didn't have some valuable things to say.
In a speech to new graduates of the University of Pennsylvania, the U2 singer said developed countries have the financial and technological ability to alleviate conditions that lead to the deaths of 7,000 people a day in Africa from preventable diseases.
"It's cheaper than fighting wave after wave of the terrorists' new recruits," he said.
The singer's support for Africa and other developing-world causes ranges from the Live Aid rock concert in 1985 to a World AIDS Day 2003 concert in South Africa. He has lobbied Congress and appealed to world leaders to back humanitarian efforts.
In all the Iraq coverage, we shouldn't forget that, taking stories from today's headlines alone:
Posted by Nikhil,
9:32 PM
-
Dartlog and The Inner Office: comments enabled (for the time being) You never thought it would happen. I certainly didn't. But if you ever thought our comment threads have been bad... Even the Reviewers were wary to take this step, as shown by past comments here and by their new comment policy, written by Andrew Grossman:
Comments and Policies We are trying out Blogger's new commenting system. If things turn out poorly, the feature will be removed.
Comment policies: 1. Any comments containing personal attacks will be removed. 2. Any comments with inappropriate language will be removed. 3. Radically off-topic comments will be removed. 4. In sum, we will not edit any comments, ever, but may remove comments at our discretion. 5. If you're really concerned that we will delete your comment, save a copy so that you can post it elsewhere. After all, if it's on your site, then we can't do anything about it other than link to and argue with you.
Go see the lovely comments and how the original post prompted such thoughtful discourse, including Dan Linsalata's own comment: "I made the reference to Sodom and Gomorrah precisely to elicit these types of responses. Whether or not I think it's a valid comparison should be irrelevant."
Posted by Timothy,
7:16 PM
-
Israel's "Gaza pullout" Plan Morphs Into A Spree of Palestinian Home Demolitions
Sharon's proposed withdrawal of all settlements from the Gaza Strips has devolved into a bitterly ironic joke that's left 1000's homeless. For days, the army has been systematically demolishing homes in Rafah along the line of a security trench that they're trying to widen. Worse, the Israeli Supreme Court has just legitimated the policy by rejecting Palestinian efforts to seek legal redress in court. Did I miss something? Wasn't it the Israeli houses in the Gaza Strip that were supposed to be coming down as part of the Sharon plan?
Unfortunately, these demolitions are eclipsed in western media by Palestinian terrorist actions. Moreover, terrorism allows Israel to justify their actions on security grounds. It's important to recognize, though, that even during the 90's peace negotiations, the demolitions continued, justified by an archaic clause in the Israeli legal system which allows the state to claim any land that is not continuously cultivated. Amnesty International describes the procedure as follows:
The test which the Israelis apply is that any land shown by aerial photo not to have been cultivated each year for a 10 year period is liable to be forfeit - not to the village but to the 'state'.
This law is leftover from Ottoman rule and is exercised almost entirely on Palestinians. As far as I can tell, the Israel government has no record of compensating people for these housing demolitions, as most other democratic nations would when they need to grab land for some public project. (No source I've found makes mention of Israeli compensation, which leads me to believe it doesn't happen, but if anyone has information otherwise, please correct me.)
Perhaps Israel has a point when it justifies its demolition policy on security grounds, but when you look at their history of demolitions in peace times, it begins to look more like a convenient excuse.
The biggest irony of all: This blog's spellchecker confuses "Sharon" with "sharing"... Obviously, part of the vast Zionist conspiracy.
Posted by Justin Sarma,
2:20 AM
-
Sunday, May 16, 2004 Creating Terrorists An article on MSNBC provides a profile of a community in which American policy creates hostility among muslims, even in areas not usually thought of as hot zones.
Reminds me of Yeo Weiming at Singapore's Institute of Defense and Strategic Studies:
Finally, the international environment has become more favorable for the Islamic militants. The worsening of the Israeli-Palestine issue and the ability of Al Qaeda to survive and retaliate in Middle East, East Africa and Southeast Asia has unleashed a torrent of support. The US war in Iraq will only further compound the problem and swell the flow of recruits and other forms of support to Islamic militants and radical Islamic political groups pursuing an aggressive Islamic political and terrorist agenda in the near future.
One possible conclusion is that because the policing of terrorist groups cannot be as effective as is neccessary to crush them in Southeast Asia, where bombing, invading and occupying Southern Thailand, and some of Indonesia's thousands of islands is (hopefully) not an option, U.S. policy could be detrimental to security against terrorists. Every bit of land cannot be controlled, and thus the same Institute concludes that:
Despite some significant disruption to its infrastructure there has been an apparent activation of new, albeit simple, training camps to train ‘high-level foot soldiers’... The new Al Qaeda camps are regularly dismantled and moved. They keep the camps as small, as discrete and as mobile as they can... the MILF reopened two training camps in south Philippines, in addition to one training camp in Indonesia. The one discovered in Iraq allegedly instructed recruits in bomb-making and martyrdom operations.
Both reports are about a year old, but, as the MSNBC article suggests, it does not seem as though the situation is changing.