Showing posts with label war crimes. Show all posts
Showing posts with label war crimes. Show all posts

Tuesday, January 27, 2009

Israeli Homefield Scoreboard

Since the first rocket was launched into Israel in 2002 up until the December 17, 2008 invasion of Gaza, the Israel body count was maybe two dozen.

The Palestinian body count was 2,700.

That would be about 100 to one.


Since the invasion, the Israeli body count is 14.

The Palestinian body count was more than 1,400.

That would be about 100 to one.

--Russell Mokhiber, Editor, Corporate Crime Reporter

Sunday, January 11, 2009

U.S.-backed Israeli massacre in Gaza, continued...

The latest numbers from Gaza put further truth to the lies told not only by the corporate defense contractor-owned media outlets but even by our Democratic representatives in the Senate and the House, like Reid and Pelosi.

885 dead and over 3400 wounded. 85% of the dead and injured are civilians, almost one third of them are children.

There is increasing evidence of the use by the Israeli military of white phosphorus, a substance that burns human flesh to the bone and is considered illegal internationally and its use a war crime. Hospitals are reporting more and more deep burns which cannot even be cleaned and dressed for lack of gauze, which tends to burn when in contact with residual phosphorus anyway.

For those who continue to parrot the party line calling this massacre retaliation for the missile attacks by Hamas into southern Israel, be advised that until 2 weeks ago, a total of 17 Israeli civilians had been killed by those rockets. The number of Palestinian civilian deaths due to Israeli rocket fire runs well into the thousands. While the violence on both sides needs to be quashed, rest assured that the Hamas government is well within their right of resistance to retaliate for the year-long Israeli blockade of food, medical supplies, energy and water into Gaza. The murderous apartheid government of Israel is indeed the aggressor.

Guerrilla warfare, called terrorism by powerful in order to further vilify their enemies, is always necessary when resisting violent occupation of wildly disproportionate military might. If this be terrorism, what then to call the collective punishment being so horribly meted out by the Israeli military for home-made rocket launches? The notion of the right to defend the citizenry runs both ways, does it not?

It is interesting to note that this obvious holocaust of ethnic cleansing is being carried out by Israel, who should know better the pain of such attempts at genocide.

Pete

Thursday, January 01, 2009

Israel Has No Intention of Granting a Palestinian State

If Hamas Did Not Exist
By Jennifer Lowenstein, Counterpunch


Let us get one thing perfectly straight. If the wholesale mutilation and degradation of the Gaza Strip is going to continue; if Israel’s will is at one with that of the United States; if the European Union, Russia, the United Nations and all the international legal agencies and organizations spread across the globe are going to continue to sit by like hollow mannequins doing nothing but making repeated “calls” for a “ceasefire” on “both sides”; if the cowardly, obsequious and supine Arab States are going to stand by watching their brethren get slaughtered by the hour while the world’s bullying Superpower eyes them threateningly from Washington lest they say something a little to their disliking; then let us at least tell the truth why this hell on earth is taking place.

The state terror unleashed from the skies and on the ground against the Gaza Strip as we speak has nothing to do with Hamas. It has nothing to do with “Terror”. It has nothing to do with the long-term “security” of the Jewish State or with Hizbullah or Syria or Iran except insofar as it is aggravating the conditions that have led up to this crisis today. It has nothing to do with some conjured-up “war” – a cynical and overused euphemism that amounts to little more the wholesale enslavement of any nation that dares claim its sovereign rights; that dares assert that its resources are its own; that doesn’t want one of the Empire’s obscene military bases sitting on its cherished land.

This crisis has nothing to do with freedom, democracy, justice or peace. It is not about Mahmoud Zahhar or Khalid Mash’al or Ismail Haniyeh. It is not about Hassan Nasrallah or Mahmoud Ahmadinejad. These are all circumstantial players who have gained a role in the current tempest only now that the situation has been allowed for 61 years to develop into the catastrophe that it is today. The Islamist factor has colored and will continue to color the atmosphere of the crisis; it has enlisted the current leaders and mobilized wide sectors of the world’s population. The primary symbols today are Islamic – the mosques, the Qur’an, the references to the Prophet Muhammad and to Jihad. But these symbols could disappear and the impasse would continue.

There was a time when Fatah and the PFLP held the day; when few Palestinians wanted anything to do with Islamist policies and politics. Such politics have nothing to do with primitive rockets being fired over the border, or smuggling tunnels and black-market weapons; just as Arafat’s Fatah had little to do with stones and suicide bombings. The associations are coincidental; the creations of a given political environment. They are the result of something entirely different than what the lying politicians and their analysts are telling you. They have become part of the landscape of human events in the modern Middle East today; but incidentals wholly as lethal, or as recalcitrant, deadly, angry or incorrigible could just as soon have been in their places.

Strip away the clichés and the vacuous newspeak blaring out across the servile media and its pathetic corps of voluntary state servants in the Western world and what you will find is the naked desire for hegemony; for power over the weak and dominion over the world’s wealth. Worse yet you will find that the selfishness, the hatred and indifference, the racism and bigotry, the egotism and hedonism that we try so hard to cover up with our sophisticated jargon, our refined academic theories and models actually help to guide our basest and ugliest desires. The callousness with which we in indulge in them all are endemic to our very culture; thriving here like flies on a corpse.

Strip away the current symbols and language of the victims of our selfish and devastating whims and you will find the simple, impassioned and unaffected cries of the downtrodden; of the ‘wretched of the earth’ begging you to cease your cold aggression against their children and their homes; their families and their villages; begging you to leave them alone to have their fish and their bread, their oranges, their olives and their thyme; asking you first politely and then with increasing disbelief why you cannot let them live undisturbed on the land of their ancestors; unexploited, free of the fear of expulsion; of ravishment and devastation; free of permits and roadblocks and checkpoints and crossings; of monstrous concrete walls, guard towers, concrete bunkers, and barbed wire; of tanks and prisons and torture and death. Why is life without these policies and instruments of hell impossible?

The answer is because Israel has no intention of allowing a viable, sovereign Palestinian state on its borders. It had no intention of allowing it in 1948 when it grabbed 24 per cent more land than what it was allotted legally, if unfairly, by UN Resolution 181. It had no intention of allowing it throughout the massacres and ploys of the 1950s. It had no intention of allowing two states when it conquered the remaining 22 per cent of historic Palestine in 1967 and reinterpreted UN Security Council Resolution 248 to its own liking despite the overwhelming international consensus stating that Israel would receive full international recognition within secure and recognized borders if it withdrew from the lands it had only recently occupied.

It had no intention of acknowledging Palestinian national rights at the United Nations in 1974, when –alone with the United States—it voted against a two-state solution. It had no intention of allowing a comprehensive peace settlement when Egypt stood ready to deliver but received, and obediently accepted, a separate peace exclusive of the rights of Palestinians and the remaining peoples of the region. It had no intention of working toward a just two-state solution in 1978 or 1982 when it invaded, fire-bombed, blasted and bulldozed Beirut so that it might annex the West Bank without hassle. It had no intention of granting a Palestinian state in 1987 when the first Intifada spread across occupied Palestine, into the Diaspora and the into the spirits of the global dispossessed, or when Israel deliberately aided the newly formed Hamas movement so that it might undermine the strength of the more secular-nationalist factions.

Israel had no intention of granting a Palestinian state at Madrid or at Oslo where the PLO was superseded by the quivering, quisling Palestinian Authority, too many of whose cronies grasped at the wealth and prestige it gave them at the expense of their own kin. As Israel beamed into the world’s satellites and microphones its desire for peace and a two-state solution, it more than doubled the number of illegal Jewish settlements on the ground in the West Bank and around East Jerusalem, annexing them as it built and continues to build a superstructure of bypass roads and highways over the remaining, severed cities and villages of earthly Palestine. It has annexed the Jordan valley, the international border of Jordan, expelling any ‘locals’ inhabiting that land. It speaks with a viper’s tongue over the multiple amputee of Palestine whose head shall soon be severed from its body in the name of justice, peace and security.

Through the home demolitions, the assaults on civil society that attempted to cast Palestinian history and culture into a chasm of oblivion; through the unspeakable destruction of the refugee camp sieges and infrastructure bombardments of the second Intifada, through assassinations and summary executions, past the grandiose farce of disengagement and up to the nullification of free, fair and democratic Palestinian elections Israel has made its view known again and again in the strongest possible language, the language of military might, of threats, intimidation, harassment, defamation and degradation.

Israel, with the unconditional and approving support of the United States, has made it dramatically clear to the entire world over and over and over again, repeating in action after action that it will accept no viable Palestinian state next to its borders. What will it take for the rest of us to hear? What will it take to end the criminal silence of the ‘international community’? What will it take to see past the lies and indoctrination to what is taking place before us day after day in full view of the eyes of the world? The more horrific the actions on the ground, the more insistent are the words of peace. To listen and watch without hearing or seeing allows the indifference, the ignorance and complicity to continue and deepens with each grave our collective shame.

The destruction of Gaza has nothing to do with Hamas. Israel will accept no authority in the Palestinian territories that it does not ultimately control. Any individual, leader, faction or movement that fails to accede to Israel’s demands or that seeks genuine sovereignty and the equality of all nations in the region; any government or popular movement that demands the applicability of international humanitarian law and of the universal declaration of human rights for its own people will be unacceptable for the Jewish State. Those dreaming of one state must be forced to ask themselves what Israel would do to a population of 4 million Palestinians within its borders when it commits on a daily, if not hourly basis, crimes against their collective humanity while they live alongside its borders? What will suddenly make the raison d’etre, the self-proclaimed purpose of Israel’s reason for being change if the Palestinian territories are annexed to it outright?

The lifeblood of the Palestinian National Movement flows through the streets of Gaza today. Every drop that falls waters the soil of vengeance, bitterness and hatred not only in Palestine but across the Middle East and much of the world. We do have a choice over whether or not this should continue. Now is the time to make it.

Jennifer Loewenstein is the Associate Director of the Middle East Studies Program at the University of Wisconsin-Madison. She can be reached at amadea311@earthlink.net

Sunday, December 28, 2008

Inside Gaza: A Living Hell

By Sami Abdel-Shafi, Independent UK
http://www.alternet.org/blogs/rights/115727/inside_gaza%3A_a_living_hell/

I am safe, and yet I feel like a walking dead person. Everything around me shows it. It is hard to write something of any coherence while exposed to cold winter air and to the smell that lingers after the detonation of Israeli bombs. They must have been massive. During the bombing I opened all the windows around my apartment to avoid them imploding as a result of the vacuum shocks sweeping through Gaza City after each enormous bang. While the bombing continued, I jumped down two flights of stairs to my father's house, to make sure he was OK. Should I open up all his windows too? That would expose the old man to the risk of illness. We have no medical care or medication. However, the risk from shattering glass was greater, so I opened them all.

Mobile phones did not work, because of electricity outages and the flood of attempted calls. I flipped the electricity generator on so that we could watch the news. We wanted to understand what was going on in our own neighborhood. However, this was impossible. Israeli surveillance drones flew overhead, scrambling the reception. All I could do was step outside, where I found crowds of frantic people, lines of rising smoke and the smell of charred buildings and bodies that lay around targeted sites nearby. Somebody said the bombs had been launched in parallel raids over the entire Gaza Strip. What was the target here? Perhaps a police station about 200 meters away. Other bombs annihilated blocks less than a kilometer away, where one of the main police training centers stood. When the strikes began, a graduation ceremony for more than 100 recruits in a civil law enforcement program was under way. These were the young men trained to organize traffic, instil civil safety and maintain law and order. Many of them were killed, it is said, in addition to the Gaza Strip's police chief.

News came by word of mouth. There had been more than 150 deaths and more than 200 people were injured or missing under rubble after the first two hours of bombing. Israel had said it would continue the offensive and deepen it if necessary. Likewise, it was said that Hamas had launched more rockets at southern Israeli towns, causing one death and four injuries. Gaza had never seen anything like the numbers of dead bodies lying on its streets. Hospital morgues were already full. The dead were piled on top of each other outside.

Bombs targeting a Hamas security force building badly damaged an adjacent school, and several children were injured. We heard of many other targets around the Gaza Strip. It reminds me of the "shock and awe" campaign the Allies launched over Baghdad in 2003. But shock and awe did not bring stability or peace.

These bombs were launched by Israel, as we had known they would be. The world watched the situation simmer then boil over, but did nothing. There are some who believe that hell is divided into different classes. The ordinary people of Gaza have long been caught in the tormenting underworld. Now, if the world does not heed what has happened here, our situation will worsen. We will be trapped in the first class of hell.

© 2008 Independent UK All rights reserved.

Israel attack on Gaza: Fragile peace shattered again

The young Palestinian cadets who gathered in Gaza City’s police headquarters on Saturday would have been buzzing with excitement as they prepared for their passing out ceremony.
Gaza attacks: bodies outside Hamas police HQ
A Palestinian cradles the body of a Hamas policeman as others look for survivors outside the Hamas police headquarters following the Israeli air strike on Gaza City.

Proud mothers and fathers would have been invited to the parade, where the salute was to be taken by Major-General Tawfiq Jaber, the commander of the police force in the Gaza Strip, which has been controlled by the militant Islamist movement, Hamas, since June 2007.

What nobody on the ground knew was that, just as the band played and the cadets formed up to march past Gen Jaber, they were in the cross-hairs of the Israeli air force.

It is not yet known if the gathering was hit by a guided missile or, as is more likely, a laser-guided bomb. What is certain is that a huge explosion ripped through the scene, killing at least 40 people, including the General.

Within minutes fifty sites, all Hamas police and security force facilities located from Rafah in the south to Gaza City in the north, were attacked by 60 jet fighters. Saturday is a normal working day in Gaza and all these buildings were occupied.

Plumes of thick black smoke rose into the grey winter sky the length and breadth of the Strip as the first wave of Israeli air strikes took place.

F-16 jets were heard overhead, along with the clatter of helicopter gunships and the whine of engines from unmanned drones.

At ground level, the air was filled the sound of ambulance sirens and the wailing of relatives gathered at Gaza’s numerous mortuaries, places that have seen plenty of carnage-fuelled grief over the years.

Once the smoke and dust cleared at the police headquarters, rescuers gingerly began searching the scene for signs of life. There were few.

Most of the fatalities appeared to be in uniform, although it is probable civilians were killed in the police compound.

With Israel restricting the entry of foreign reporters to Gaza, authoritative accounts of what happened came from local sources. The Telegraph’s fixer in Gaza went into mourning after losing a cousin in the attack.

A local television cameraman filmed uniformed bodies piled up on top of each other as all around the wounded writhed in pain.

Rescuers carried those showing signs of life to cars and ambulances, while others tried to revive the unconscious. Several of the rescuers beat their heads and shouted: "Allahu akbar (God is greatest)." One badly wounded, prostrate man quietly recited verses from the Koran.

Islam Shahwan, the Hamas police spokesman, gave the death toll at the police headquarters as at least forty. This was the most prominent target of Israel’s most punishing assault on the Gaza Strip since the end of the Second Intifada in 2004.

The Israeli government gave the green light for the military operation at a meeting of the National Security Cabinet on Christmas Day. The NSC met to deliberate how to deal with the expiry of a six-month ceasefire between Israel and Hamas on Dec 19.

Hopes for a renewal of the truce had been scuppered by tit-for-tat exchanges that began when Israeli ground forces raided Gaza in November. Their aim was to close down a tunnel linking Gaza with neighbouring Egypt. Militants were preparing to use this to smuggle in rockets to launch at southern Israel.

That ground operation, during which three Palestinian fighters were killed, sealed the fate of the ceasefire. The militants began to fire rockets in large numbers at the towns of southern Israel for the first time in months, placing commanders under immediate pressure to respond.

Israel will hold a general election in February and politicians cannot appear anything but robust in dealing with the threat posed by rocket fire from Gaza.

After the NSC’s decision to authorise a military operation, the only question was what kind of attack would follow. Israel has used ground forces before, but this has never provided a lasting solution to the menace of the rockets launched from Gaza.

This time, Tzipi Livni, the foreign minister, Ehud Barak, the defence minister, and other security chiefs decided on something quite different.

Instead of a ground offensive or pinprick air attacks, they would order a massive air assault on all known Hamas security targets. Hamas operatives did not fire all the rockets launched from Gaza - other militant groups such as the Islamic Jihad Party fired many. But Israel believes that Hamas, as the governing power in Gaza, could be held responsible and targeted accordingly.

The office of Ehud Olmert, Israel’s outgoing prime minister, issued a statement explaining that the "cabinet has tasked the prime minister, foreign minister and defense minister with deciding on the time and manner of the said action". this added: "Following a unanimous decision, the three have decided on the Israeli Air Force strike which took place this morning. Israel stresses that it will continue to take action against the terror attacks and rocket fire emanating form Gaza against Israeli citizens.’’

After the first round of air attacks, the Israeli air force sent up patrols to deal with the predicted wave of retaliatory rocket launches.

After the initial round of strikes, sources inside Gaza reported more explosions as the air force sought to destroy rocket-launching parties.

However, they failed to stop all the retaliation. Late in the morning, an Israeli man was killed by a rocket in the Israeli town of Netivot. He was the first Israeli to die as a result of Palestinian rocket attacks since June.

In total, nine Israelis have been killed by rockets launched from Gaza since 2005, when it withdrew from the territory and dismantled all settlements.

Yesterday alone saw over 200 Palestinian deaths.

Telegraph, U.K. story

US vetoes motion on Gaza attack

The US has vetoed a UN Security Council resolution condemning an Israeli attack in Gaza that killed 18 civilians, including women and children.

The draft, which also condemned Israeli military operations in Gaza, followed Wednesday's attack in Beit Hanoun.

The US ambassador at the UN, John Bolton, described the text as unbalanced and politically motivated.

Ten of 15 Security Council members backed the resolution. Four abstained - Denmark, Japan, Slovakia and the UK.

This was the second time this year the US used its veto on a draft resolution on Israeli military operations in Gaza.

The US has a history of vetoing resolutions condemning Israel which it feels are biased against the country, says the BBC's Laura Trevelyan at the UN in New York.

'Not even-handed'

The draft resolution - backed by Arab, Islamic and non-aligned states and formally proposed by Qatar - called for a withdrawal of Israeli troops from the Gaza Strip.

It also asked the UN secretary general to set up a fact-finding mission into the deaths in Beit Hanoun.

The draft urged the Palestinian Authority to act to end violence - including rockets fired at southern Israel.

The US ambassador said he regretted the Palestinian loss of life, but disagreed with the language used in the resolution.

"This resolution does not display an even-handed characterisation of the recent events in Gaza, nor does it advance the cause of Israeli-Palestinian peace to which we aspire and for which we are working assiduously," he said.

'Green light'

An Israeli government spokesman described the veto as "very satisfactory".

"The draft resolution did not stipulate that what happened at Beit Hanun was a tragic error," Avi Pazner told AFP news agency.

But Palestinian cabinet spokesman Ghazi Hamad of Hamas told Reuters the veto was "a signal that the US had given legitimacy to the massacres and a green light to [Israel] to ... carry out more massacres".

Qatar's ambassador said the credibility of the Security Council had been called into question by the vote and the cycle of violence in the Middle East would continue.

Israel launched its operation in and around Beit Hanoun last month in an effort to root out militants firing rockets.

The deaths were caused when what witnesses described as a volley of tank shells hit a built-up civilian area. Many of the dead were from one extended family, and included several women and children.

Israeli Prime Minister Ehud Olmert apologised for the attack, describing it as a "technical failure".

Story from BBC NEWS:

http://news.bbc.co.uk/go/pr/fr/-/2/hi/middle_east/6139968.stm

Solidarity With Gaza

The International Action Center condemns the criminal U.S.-backed Israeli bombing massacre on Gaza, and the mass murder of 200 and serious wounding of another 300 Palestinians. We call upon the progressive, anti-war and workers’ movement in the United States to join the angry, growing worldwide protests of these latest Israeli war crimes with U.S. complicity. We refuse impunity to the Israeli state and its backers.

The rightist Zionist regime had the arrogance to announce in advance its intention to strike Gaza’s embattled civilians. Like every serious Israeli move, this latest assault was done with a U.S. green light using U.S. weapons and spy services.

Compounding this arrogance, Israeli Defense Minister Ehud Barak has already said, "The operation will go on and be intensified as long as necessary," (AFP, Dec. 27) exposing his genocidal intent. The Israeli attacks, targeting civilian population centers and coinciding with the end of the school day, reveal a malicious intent to inflict as many casualties as possible, including on children.

Under Israeli siege for over a year, the people of Gaza had been struggling to survive with insufficient food, power and a damaged and depleted medical-care system. The world has condemned this siege as an Israeli crime against humanity. The Israelis have carried out this murderous siege without protest from their powerful allies in Western Europe and the United States. And the Palestinian people in Gaza have faced down the siege over 18 months, providing once again an example for the world’s people that the criminal U.S.-Israeli alliance has grown desperate to tear down.

Like the bombing, the siege itself is a U.S.-Israeli war crime, with the billions in yearly U.S. aid used to bomb the 1.5 million Palestinians in Gaza, cut off their electricity, and kick them out of their homes. Meanwhile, back home, the same U.S. government lets banks foreclose on workers’ homes and bosses lay off millions of workers and let tens of millions live in fear of an illness that will wipe out their savings—if the crisis hasn’t already.

We have no interest in allowing the U.S.-Israeli genocidal attacks on the Palestinian people of Gaza. We stand in solidarity with the Palestinian people against U.S. imperialism and Israel, Washington’s outpost in the Middle East.

We demand that U.S. aid to Israel be cut to zero, and that this money be used instead for reparations for the Palestinian people, to ensure their right to return, and for homes, jobs, health care and education for working people in the U.S.

Protest demonstrations have taken place already in Amman, Damascus, Cairo, in the cities of the West Bank and in mostly Arab towns within Israel’s 1967 boundaries. Organizations in Brussels, Madrid and other European centers have also called for protests. In the United States, the first action has been called for New York’s Rockefeller Center, at 50th Street and Fifth Avenues, for 2 p.m. on Sunday, Dec. 28.

There demonstrators will say:

Defend Palestine!

Solidarity with heroic Gaza!

Stand in solidarity with Palestine!


ALL OUT TO PROTEST THE MASSACRES IN GAZA!

Sunday, December 21, 2008

Will Obama give Bush and Cheney an illegal pass on their war crimes?

Raw Story - Vice President Dick Cheney confessed to approving torture, Senate Armed Services Committee Chairman Carl Levin (D-MI) told MSNBC's Rachel Maddow. During an interview with ABC News on Monday evening, Cheney had said "I supported it," referring to the practice known as "water boarding," a form of simulated drowning.

"I was aware of the program, certainly, and involved in helping get the process cleared, as the agency in effect came in and wanted to know what they could and couldn't do," Cheney said. "And they talked to me, as well as others, to explain what they wanted to do. And I supported it."

"Did he just admit to condoning torture?" Maddow queries.

"As far as I'm concerned, that's exactly what he admitted," Levin said after a pause to shut his eyes, and shake his head as if still in disbelief. . .

Senator Levin oversaw an 18-month long investigation into the Bush administration's torture policy that established that the abuse of prisoners at Abu Ghraib, and Guantanamo Bay resulted from policies introduced by George W. Bush. . . .

"Do there need to be prosecutions?" Maddow asked, steering the discussion towards the possibility of prosecution and indictments by noting that the Armed Services Committee report on the treatment of U.S. detainees seemed as if its purpose had been the gathering facts for an indictment.

Levin spoke hopefully that the Obama administration would take some "major steps" as "clearly this Justice Department is not willing," and the need for an independent commission that could be appointed by the Obama administration to examine the role of the CIA in the treatment of U.S. detainees as their role has not yet been made clear. Then with all the facts they "may or may not lead to indictments, or civil action."

Glenn Greenwald, Salon - Demands that Bush officials be held accountable for their war crimes are becoming more common in mainstream political discourse. . . The mountain of conclusive evidence that has recently emerged directly linking top Bush officials to the worst abuses -- combined with Dick Cheney's brazen, defiant acknowledgment of his role in these crimes (which perfectly tracked Bush's equally defiant 2005 acknowledgment of his illegal eavesdropping programs and his brazen vow to continue them) -- is forcing even the reluctant among us to embrace the necessity of such accountability.

It's almost as though everyone's nose is now being rubbed in all of this: now that the culpability of our highest government officials is no longer hidden, but is increasingly all out in the open, who can still defend the notion that they should remain immune from consequences for their patent lawbreaking? As Law Professor Jonathan Turley said several weeks ago on The Rachel Maddow Show: "It's the indictment of all of us if we walk away from a clear war crime." And this week, Turley pointed out to Keith Olbermann that "ultimately it will depend on citizens, and whether they will remain silent in the face of a crime that has been committed in plain view. . . . It is equally immoral to stand silent in the face of a war crime and do nothing."

That recognition, finally, seems to be spreading -- beyond the handful of blogs, civil liberties organizations and activists who have long been trumpeting the need for this accountability. The New York Times editorial page today has a lengthy, scathing decree demanding prosecutions: "It would be irresponsible for the nation and a new administration to ignore what has happened . . . . A prosecutor should be appointed to consider criminal charges against top officials at the Pentagon and others involved in planning the abuse." Today, Politico -- of all places -- is hosting a forum which asks: "Should the DOJ consider prosecuting Bush administration officials for detainee abuse as the NYT and others have urged?" Even Chris Matthews and Chris Hitchens yesterday entertained (albeit incoherently and apologetically) the proposition that top Bush officials committed war crimes. . .

Those who demand accountability will be derided as past-obsessed partisans who want to impede all the Glorious, Transcendent Gifts about to be bestowed on us by our new leaders. The manipulative claim will be endlessly advanced that our problems are too grand and pressing to permit the luxury of living under the rule of law. When all else fails in the stonewalling arsenal, impotent "fact-finding" commissions will be proposed to placate the demand for accountability but which will, in fact, be designed and empowered to achieve only one goal: to render actual prosecutions impossible.

But with these new, unprecedentedly stark revelations, this facade will be increasingly difficult to maintain. It is already the case, as the Times Editorial today notes, that "all but President Bush's most unquestioning supporters [i.e., this] recognized the chain of unprincipled decisions that led to the abuse, torture and death in prisons run by the American military and intelligence services." That leaves only two choices: (1) treat these crimes as the serious war crimes they are by having a prosecutor investigate and, if warranted, prosecute them, or (2) openly acknowledge -- to ourselves and the world -- that we believe that our leaders are literally entitled to commit war crimes at will, and that we -- but not the rest of the world -- should be exempt from the consequences. The clearer it becomes that those are the only two choices, the more difficult it will be to choose option (2), and either way, there is great benefit just from having that level of clarity and candor about what we are really doing.

Marjorie Cohn, Global Research - U.S. courts have long held that waterboarding, where water is poured into someone's nose and mouth until he nearly drowns, constitutes torture. Our federal War Crimes Act defines torture as a war crime punishable by life imprisonment or even the death penalty if the victim dies.

Under the doctrine of command responsibility, enshrined in U.S. law, commanders all the way up the chain of command to the commander-in-chief can be held liable for war crimes if they knew or should have known their subordinates would commit them and they did nothing to stop or prevent it.

Why is Cheney so sanguine about admitting he is a war criminal? Because he's confident that either President Bush will preemptively pardon him or President-elect Obama won't prosecute him. Both of those courses of action would be illegal.

First, a president cannot immunize himself or his subordinates for committing crimes that he himself authorized. On February 7, 2002, Bush signed a memo erroneously stating that the Geneva Conventions, which require humane treatment, did not apply to Al Qaeda and the Taliban. But the Supreme Court made clear that Geneva protects all prisoners. Bush also admitted that he approved of high level meetings where waterboarding was authorized by Cheney, Condoleezza Rice, John Ashcroft, Colin Powell, Donald Rumsfeld and George Tenet.

Attorney General Michael Mukasey says there's no need for Bush to issue blanket pardons since there is no evidence that anyone developed the policies "for any reason other than to protect the security in the country and in the belief that he or she was doing something lawful." But noble motives are not defenses to the commission of crimes.

Lt. Gen. Antonio Taguba, who investigated the Abu Ghraib scandal, said, "There is no longer any doubt as to whether the current administration has committed war crimes. The only question that remains to be answered is whether those who ordered the use of torture will be held to account."

Second, the Constitution requires President Obama to faithfully execute the laws. That means prosecuting lawbreakers. When the United States ratified the Geneva Conventions and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, thereby making them part of U.S. law, we agreed to prosecute those who violate their prohibitions.

The bipartisan December 11 report of the Senate Armed Services Committee concluded that "senior officials in the United States government solicited information on how to use aggressive techniques, redefined the law to create the appearance of their legality, and authorized their use against detainees."

Lawyers who wrote the memos that purported to immunize government officials from war crimes liability include John Yoo, Jay Bybee, William Haynes, David Addington and Alberto Gonzales. There is precedent in our law for holding lawyers criminally liable for participating in a common plan to violate the law. . .

During the campaign, Obama promised to promptly review actions by Bush officials to determine whether "genuine crimes" were committed. He said, "If crimes have been committed, they should be investigated," but "I would not want my first term consumed by what was perceived on the part of the Republicans as a partisan witch hunt, because I think we've got too many problems we've got to solve."

Two Obama advisors told the Associated Press that "there's little-if any – chance that the incoming president's Justice Department will go after anyone involved in authorizing or carrying out interrogations that provoked worldwide outrage.". . .

Obama has promised to bring real change. This must be legal and moral change, where those at the highest levels of government are held accountable for their heinous crimes. The new president should move swiftly to set an important precedent that you can't authorize war crimes and get away
with it.

Sunday, November 09, 2008

Holding murderers accountable: The case against Bush, Cheney et al.

This from the Online Journal. Let's cross our fingers and push damn hard, since Uncle Joe Biden has already sold us out on this issue. No sleep 'til The Hague!--Pete

By William John Cox
Online Journal Contributing Writer

Although Americans have access to the greatest selection of information sources in the world, including books, newspapers, magazines, radio, television, cable, and the Internet, the frequency of the news cycle has increased to the point where we have forgotten that our president and vice president have committed horrendous war crimes, or we may have missed the fact as it flashed by.

Most of us may have been fleetingly aware in 2006 that President Bush and Vice President Cheney were lying to us about their reasons for the Iraq War, which caused the murder and maiming of tens of thousands of our American troops and the waste of billions of our tax dollars. We elected a majority of Democrats to Congress to hold them accountable; however, the Democratic leadership immediately announced that impeachment was off the table and it has been business as usual ever since.

Recently, there has been a flood of new evidence clearly proving beyond any reasonable doubt that our president and vice president, along with others, conspired to engage the United States in an unnecessary and illegal war and repeatedly and deliberately lied to the American people about the true facts of the matter. Most specifically, the president committed felonies when he lied to Congress about his justification for ordering the attack on Iraq which resulted in the murder of all who have died in his fraudulent “War on Terrorism.”

As governor of Texas, Bush executed 152 people, including Karla Faye Tucker, a born-again Christian, whose plea for clemency caused Bush to purse his lips in a false smirk of desperation and to whimper, “Please don’t kill me.” Under the “Felony Murder Rule,” known in Texas as the “Law of the Parties,” if a person commits a felony and someone dies during the course of the felony, all parties to the felony are guilty of murder irrespective of which one actually does the killing.

There is strict liability under the rule, even if the death is accidental or unintended. Almost 20 percent of all murder prosecutions result from the rule, and a significant number of Bush’s 152 executions involved criminals who had engaged in felonies where the actual killing was done by others.

Not only has the president escaped all accountability for the serial murders he committed during his phony “War on Terrorism,” he recently asked Congress to further aid and abet his crimes by acknowledging “again and explicitly that this nation remains engaged in an armed conflict with Al Qaeda, the Taliban, and associated organizations, who have already proclaimed themselves at war with us and who are dedicated to the slaughter of Americans.”

We now know to a high degree of certainty who the slaughterers are. The only remaining question is whether the murderers will escape justice.

The crime

Title 18, Section 2 of the U.S. Code says, “Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.” Section 1111 defines murder as “the unlawful killing of a human being with malice aforethought” and specifically holds that murders perpetrated by any kind of “willful, deliberate, malicious, and premeditated killing” are murders “in the first degree. Any other murder is murder in the second degree.”

If Bush willfully and deliberately misled Congress into authorizing him to engage in an unlawful war in which American troops and Iraqis were killed, he is guilty of murder. Not only would such killings be premeditated, but they would also be the legal result of his lies to Congress.

Title 18, Section 1001 prohibits anyone from “knowingly and willfully” making “any materially false, fictitious, or fraudulent statement or representation” in “any matter within the jurisdiction of the . . . legislative . . . branch of the Government.” Felony prosecution under the statute was upheld by the U.S. Supreme Court in 1955, and a violation of the statute is a crime.

Bush lied to Congress on a number of occasions. Most specifically during his State of the Union address on January 28, 2003, Bush told the following lies to Congress:

  • “The International Atomic Energy Agency confirmed in the 1990s that Saddam Hussein had an advanced nuclear weapons development program, had a design for a nuclear weapon and was working on five different methods of enriching uranium for a bomb.”

  • “The British Government has learned that Saddam Hussein recently sought significant quantities of uranium from Africa.”

  • “Year after year, Saddam Hussein has gone to elaborate lengths, spent enormous sums, taken great risks to build and keep weapons of mass destruction.”

  • “With nuclear arms or a full arsenal of chemical and biological weapons, Saddam Hussein could resume his ambitions of conquest in the Middle East and create deadly havoc in that region.”

  • “And this Congress and the America people must recognize another threat. Evidence from intelligence sources, secret communications, and statements by people now in custody reveal that Saddam Hussein aids and protects terrorists, including members of al Qaeda.”
  • “We seek peace. We strive for peace.”

Ignoring the reports of UN inspectors that there were no weapons of mass destruction in Iraq, Bush ordered its invasion on March 20, 2003 because: “the Iraq regime continues to possess and conceal some of the most lethal weapons ever devised” and Iraq “has aided, trained and harbored terrorists, including operatives of al Qaeda.” When Bush deceptively ordered American troops to invade Iraq, he and his co-conspirators not only became war criminals under international law, they became murderers of all those who died as a result of their felonious conduct.

It can now be proven beyond a reasonable doubt that Bush was deliberately lying about his justification for war against Iraq, and as of today 4,151 American soldiers and perhaps as many as a million Iraqis have become his victims.

The evidence

Bush’s conspiracy of deception held for several years, but on May 1, 2005, the Times of London published the first of the so-called “Downing Street Documents.” The documents informed us that Bush, irrespective of the lies he was telling at the time, was already committed to going to war with Iraq as early as 2002.

Calling the evidence of weapons of mass destruction “thin,” the British memos documented that “Military action was now seen as inevitable. Bush wanted to remove Saddam, through military action, justified by the conjunction of terrorism and WMD. But the intelligence and facts were being fixed around the policy.” Richard Dearlove, the former head of Britain’s secret intelligence service later said that the Bush administration buried British information about the lack of WMDs.

We also learned that both the CIA and the State Department attempted to keep Bush from referring in his 2003 State of the Union Address to Saddam’s attempted purchase of “yellowcake” uranium from Niger. Indeed, the unsubstantiated allegations were later found to be a complete hoax based on a crude forgery disseminated by Sismi, the Italian intelligence service.

It has been revealed that Michael Ledeen, a representative of Secretary of Defense Rumsfeld’s Office of Special Plans, had been in Rome at the same time gathering intelligence to support military intervention in Iraq and that the Sismi’s director later met with Stephen Hadley, Bush’s deputy national security advisor, after the CIA rejected his initial overtures.

Additional evidence has been provided by Pultizer Prize-winning journalist Ron Suskind in his new book, The Way of the World: A Story of Truth and Hope in an Age of Extremism. Suskind reveals that Tahir Jalil Habbush al-Tikriti, the head of Saddam’s intelligence service, was secretly reporting the true status of Iraq’s WMDs to the British.

Habbush informed the British (and the Bush administration) in January 2003 that there were no WMDs in Iraq. When CIA Director George Tenet told Bush about Habbush’s information, Bush replied, “Well, why don’t you tell him to give us something we can use to make our case?”

Rather than using Habbush to provide Saddam with effective disinformation, to arrange Saddam’s removal, or to even make operational use of the valuable intelligence, the U.S. terminated further communication with Habbush, paid him $5 million to keep quiet and resettled him in Amman, Jordan. Officially, Habbush is still wanted by the U.S. and there is a $1 million reward offered for his capture.

Further evidence that Bush had official knowledge that there were no WMDs in Iraq was provided by Naji Sabri, Iraq’s foreign minister, in autumn 2002. He passed information through a French government official that Iraq’s “WMD program” was actually a ruse to ward off Iran and other foreign enemies.

Sabri was paid at least $200,000 by the CIA and French intelligence to provide documents about Saddam’s WMDs; however, Bush rejected Sabri’s intelligence as worthless when CIA director George Tenet tried to tell him about it on September 18, 2003. According to a senior CIA officer, “Bush didn’t give a fuck about the intelligence. He had his mind made up.”

Sabri received safe passage to Cairo during the first days of the Iraq invasion and is presently enjoying a comfortable retirement teaching journalism in Qatar.

Instead of informing the military, Secretary of State Powell, or Congress about Sabri’s high-quality intelligence, the CIA rewrote the report of his debriefing into an opposite falsehood stating that Saddam was “aggressively and covertly developing” nuclear weapons and that he already had chemical and biological weapons. The restructured report was then passed on to British intelligence to share with Prime Minister Blair.

During the same period, Saad Tawfik, an electrical engineer in Iraq, was identified by the CIA as a “key figure in Saddam Hussein’s clandestine nuclear weapons program.” His sister lived in Cleveland and was recruited by the CIA to meet with her brother in Iraq and to obtain details about the program. Tawfik told her the program was completely abandoned in 1991 and there were no centrifuges or nuclear weapon facilities. The CIA obtained similar results from 30 other former Iraqi WMD experts who also told relatives the same thing.

Evidence of Bush’s consciousness of guilt can be found in Ron Suskind’s report of the White House’s subsequent attempt to create a fraudulent justification following the invasion of Iraq and the failure to find any WMDs. The White House ordered the CIA to forge a backdated letter purportedly sent from Habbush to Saddam.

The resulting handwritten forgery dated July 1, 2001 talked about Saddam buying yellowcake uranium from Niger with the help of al Qaida. Fortuitously, the phony letter also mentioned that 9-11 ringleader Mohammad Atta was in Iraq at the time being trained by al Qaida terrorist Abu Nidal for an upcoming righteous mission.

Since the CIA is prohibited by law from engaging in covert activities intended to influence the U.S. political process, public opinion, policies, or the media, the forged letter was leaked through an aide to Ayad Allawi (a member of the Interim Governing Council and British intelligence informant) in Baghdad to an English journalist.

Con Coughlin, who has previously served as a conduit for British intelligence, wrote a front-page story in London’s Sunday Telegraph on December 14, 2003 headlined, “Terrorist behind September 11 strike ‘was trained by Saddam.’” As intended, the story was picked up and recycled by the U.S. media, including William Safire and Tom Brocaw, who treated the letter as genuine.

Suskind quotes two former CIA officers, Robert Richer and John Maguire, as witnesses to the forgery. Although both officers now deny any role in fabricating the false letter, Suskind states his interviews with them were tape recorded. On one recording, Richer is heard telling Suskind how Tenet assigned him to deal with the fabricated letter: “What I remember is George saying, ‘We got this from’ – basically, from what George said was ‘downtown.’” After Suskind says, “Which is the White House?” Richer says, “Yes. . . . I would probably stand on my, basically, my reputation and say it came from the vice president.”

When asked about the forgery, Tenet said, “There was no such order from the White House to me nor, to the best of my knowledge, was anyone from the CIA ever involved in such effort.” Suskind calls such statements “part of George’s memory issue.”

On December 14, 2004, Bush engaged in yet another coverup. He rewarded Tenet with the Presidential Medal of Freedom, the nation’s highest civilian honor. Bush said that Tenet’s “tireless efforts have brought justice to America’s enemies and greater security to the American people.”

Accountability

Impeachment. On May 10, 2006, the Speaker of the House of Representatives, Democrat Nancy Pelosi stated she was not interested in pursuing impeachment of President Bush; however, she has subsequently said that “If somebody had a crime that the president had committed, that would be a different story.”

On December 8, 2006, then-Congresswoman Cynthia McKinney introduced articles of impeachment against President Bush, Vice President Cheney and Secretary of State Condoleezza Rice; however, her bill expired with the 109th Congress. McKinney is presently the Green Party’s nominee for president.

On November 6, 2007, Congressman Dennis Kucinich introduced a resolution in the House of Representatives to impeach Vice President Cheney.

On June 10, 2008, joined by Congressman Robert Wexler as cosponsor, Kucinich introduced a resolution of impeachment against President Bush listing 35 articles. The matter was referred to the Judiciary Committee by the House of Representatives; however, Speaker Pelosi refused to allow any hearings on the resolution.

On July 15, 2008, Congressman Kucinich introduced a new resolution of impeachment of President Bush limited to a single count stating that “President Bush, in violation of his oath of office, deceived Congress with fabricated threats of Iraq weapons of mass destruction to fraudulently obtain support for the authorization of use of force against Iraq and to commit troops to combat in Iraq.” The matter was again referred to the Judiciary Committee.

A hearing was held on July 25, 2008; however it was limited to “Executive Power and Its Constitutional Limitations.” Although Kucinich and others were allowed to testify, the question of impeachment was “not on the table.”

President Bush’s approval rating is around 28 percent; however, Congress’ rating, perhaps because of its inability or refusal to impose any accountability on President Bush and his co-conspirators, is just 18 percent and falling.

Impeachment is the only Constitutional way to stop a corrupt or insane president from defying the Constitution and becoming a dictator. A new president will be inaugurated on January 20, 2009, just 142 days from now. It is unlikely that Congress can or will act in that time; however, that refusal to act will surely go down in history as one of the greatest failures of our democracy.

Criminal Prosecution. It is generally assumed that a sitting president is immune from criminal prosecution while in office; however, following President Clinton’s impeachment acquittal by the Senate, the special prosecutor impaneled a grand jury to hear the same evidence and to seek an indictment once he left office. Clinton avoided indictment by entered into a plea bargain one day before he left office requiring him to publicly admit his false testimony, to surrender his law license and to pay a fine of $25,000.

Inasmuch as Attorney General Michael Mukasey serves at the pleasure of President Bush, it is highly unlikely that the current Justice Department will seek an indictment of Bush for the crimes he has committed while in office. However, given the fact that there is no statute of limitations for murder, a future Attorney General appointed by a different president may be more inclined to investigate and indict Bush and his co-conspirators for their criminal behavior.

One does not need to be a trial lawyer to review the preceding paragraphs and to identify the actual witnesses who could be called to testify, either before Congress or in a criminal trial. It is quite easy to say something like “to the best of my knowledge” to a journalist; it is much more difficult to equivocate under oath during vigorous questioning in criminal proceedings or to hide behind the Fifth Amendment.

Pardons. A president’s power to pardon is essentially absolute and is without legal review; its only constraint is the threat of impeachment. With impeachment “off the table” and with the holidays and the end of the president’s term approaching, the likelihood of mass pardons increases. There is a family precedent. With less than a month remaining in his term in 1992, President Bush’s father pardoned Caspar Weinberger, his former Secretary of Defense, and five others for the crimes they committed during the Iran-Contra fiasco.

The political pardons by Bush Sr. cancelled one conviction, three pending guilty pleas and two pending trials. Weinberger’s trial, which included charges of lying to Congress, was scheduled to commence within days of the pardon. The trial would have produced “evidence of a conspiracy among the highest ranking Reagan administration officials to lie to Congress and the American public.” By issuing the pardons, Bush Sr., who had refused to turn over his own “highly relevant contemporaneous notes,” avoided being called as a witness to testify under an oath about how he had come to be “out of the loop.”

The Constitution prohibits a president from interfering with the impeachment process; however, it is unclear if Bush can pardon his own crimes to avoid criminal prosecution. One scenario being circulated is for Bush to issue pardons to everyone conceivably subject to criminal prosecution arising out of their service in his administration, including Vice President Cheney, and for Bush to then resign from office. President Cheney could then pardon “former President” Bush for any and all crimes he committed while in office.

International Law. In one of his last official acts, President Clinton signed the “Rome” treaty establishing the International Criminal Court in the Netherlands to prosecute individuals accused of mass murders, war crimes, and other gross human rights violations. The treaty became effective on July 1, 2002; however, one of President Bush’s first acts was to “unsign” the treaty on behalf of the United States.

Even though George Bush rejected the jurisdiction of the International Court, the court has not rejected jurisdiction over him. Accordingly, while the United States can refuse to arrest and extradite a former president charged with war crimes, the treaty has been signed by 139 other sovereign nations and ratified by at least 107, all of which are legally committed to prosecuting war criminals whenever their own country refuses to or cannot do so.

Thus, while Bush may presently enjoy cutting brush in Crawford, Texas, his ability to vacation overseas might be severely curtailed in the future during his retirement years. Moreover, depending upon who the president is at the time charges are brought against Bush by the International Court, the United States could hand over Bush to the court for prosecution.

Summation

From childhood, George Bush displayed a disturbing lack of empathy. “Slapped around” by his mother as a boy, Bush enjoyed blowing up live frogs by putting firecrackers in their mouths and shooting at his brother with a BB gun. As he grew older, Bush presided over and defended the branding of pledges to his fraternity at Yale using red-hot wires and cigarettes; he became addicted to alcohol; he was arrested for drunk driving and he abused illegal drugs.

During the Vietnam War, Bush avoided military combat and was absent without leave from his stateside reserve assignment for more than a year. Using his father’s influence to gain political office, he smirked, giggled, and displayed other inappropriate behavior in response to the most serious of subjects.

Untreated, Bush’s sociopathy evolved as he achieved command of the most powerful military on earth and used its weapons to commit mass murder. Whenever a roadside IED explodes in Iraq and another American soldier dies, every time another wedding party is mistakenly bombed and children die, George W. Bush and Dick Cheney commit murder. Are we not willing accomplices if we continue to allow these crimes to continue?

Those whom we empower by our vote to either serve us in Congress or to lead our nation as president have a duty to use the power we give them to ensure accountability for its abuse. They have a duty to focus and to maintain attention on the most egregious and deadly violations of our laws and to not allow murder to go unpunished. They have a duty to do whatever it takes to make such crimes the headline of every newspaper and the lead of every radio, television and cable news program during every news cycle until such time as the murderers who occupy our nation’s highest offices are held fully accountable.

William John Cox is a retired supervising prosecutor for the State Bar of California. Acting as a public interest, pro bono, attorney, he filed a class action lawsuit in 1979 on behalf of every citizen of the United States petitioning the Supreme Court to order the other two branches of the federal government to conduct a National Policy Referendum; he investigated and successfully sued a group of radical right-wing organizations in 1981 that denied the Holocaust; and he arranged in 1991 for the publication of the suppressed Dead Sea Scrolls. His 2004 book, You’re Not Stupid! Get the Truth: A Brief on the Bush Presidency is reviewed at yourenotstupid.com, and his political writings are collected at thevoters.org. He can be contacted at u2cox@msn.com.

See also:
http://www.amazon.com/United-States-George-Bush-al/dp/1583227563

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