Showing posts with label International Law. Show all posts
Showing posts with label International Law. Show all posts

Saturday, May 7, 2011

Smug Gloating over the Murderous efficiency of the USA Bodes Ill

In the US, the killing of Osama Bin Laden seemed to have been everything that President Obama could have wished for with his battle for a second term on the immediate horizon. Raucous celebrations hit the US streets and Obama’s approval rating shot up by 9 per cent. A more reflective mood seems to be taking hold in the US at the cold blooded military execution of an unarmed and untried man.

Few people would want to defend Bin Laden, but anyone concerned with the application of proper democratic and civilized principles, especially in a violent cultural competition with those constantly accused of the opposite, his extrajudicial killing without trial by marines dropped illegally into a foreign country without permission are now starting to brood about the consequences of the operation. Slamming through anyone’s home shooting unarmed residents including women and children cannot advance the cause of law and justice. Even supposing the house had been under surveillance for some time, the marines could not have been sure whom they might have killed.

The initial infantile bogeyman propaganda soon began being revised into its opposite. Bin Laden did not use his wife as a human shield. She rushed spontaneously at a US gunman who shot her in the leg. The armed resistance of Bin Laden was false, he was unarmed and defenceless, as were everyone in the main building. The resistance came from a guard outside in the compound.

This execution has revived arguments about the illegality of the war on terror and has raised all the issues that made it such a controversial and unacceptable policy. Summary justice reflects the disregard for law that the US has shown in Iraq, Afghanistan, and now Libya, at Guantanamo Bay, and continually with Iran, the Yemen, Pakistan and elsewhere. It is the conduct of a state that has no regard for the rights of others where its own interests are concerned.

The point of justice is that the evidence for and against someone can be heard, and people are judged by their peers, not their enemies. The USA nominally subscribes to that form of justice. Bin Laden was a human being and deserved the same right to justice as anyone else, a trial, establishment of identity, a plea, presentation of the evidence for and against, examination of it, and a fair judgement. Failure to follow the rules of law, the due process of law, is ultimately a danger to everyone. It damages our claims to be a superior civilisation to that of our enemies and detractors, the terrorists. The Nazis were surely far worse criminals than any modern terrorist but were accorded the right to defend themselves at Nuremburg. Besides sending illegal hit squads to assassinate people abroad, the rulers of the USA feel free to start wars of imperial conquest, to set up concentration camps, to torture people, and to murder of foreigners, most of whom are innocent, in distant countries by robot aircraft armed with missiles.

Eight missiles from a US Predator drone led to the destruction of a vehicle carrying “foreign militants” in Datta Khel in north Waziristan, Pakistan, killing 15 people as it approached a roadside restaurant, according to Pakistani intelligence officials. The restaurant and a nearby house were hit and at least one civilian was among the dead. Barack Obama’s administration has favored the use of CIA unmanned drones because no American can be killed or injured while feeding the dogs of war in the US. Nor does the US government publicly acknowledge its responsibility for these attacks though it is the only force able to deploy them. The US Brookings Institute estimates that the drones kill 10 civilians for every alleged terrorist killed. The Conflict Monitoring Centre says at least 900 Pakistanis were killed by drones in 2010, “the vast majority” of whom being civilians.

Another US drone fired a missile at a car in Yemen’s Shabwa province killing two brothers suspected of being Al Qaida militants, the first in Yemen since 2002. The Defence Ministry confirmed the deaths. Shabwa provincial officials identified the two as Abdullah and Mosaad Mubarak. The Yemeni foreign minister had already said the government would no longer allow missile strikes by pilotless aircraft because of the high rate of civilians killed and injured by them.

These were within days of the death of Bin Laden. The USA is beginning to sound worryingly Nazi itself! Where is the barrier to stop some administration from acting with equal arbitrariness at home. All they need is some suitable atrocity to blame on whoever they want to attack. The Nazis burnt the Reichstag building as an excuse to set up martial law. How long can the rule of law last in the USA when it is so easily abrogated elsewhere? The fact that there seems to be pretty general approval for the violation of law in the USA, and the added fact that few have the nerve to contest it, does not bode well. The USA is rushing like lemmings to their own destruction while gloating smugly over their power to destroy others.

Reporting, the UK Morning Star

Tuesday, March 22, 2011

A Tale of Two Countries

Libya—a Rogue State

We found out last night that the British parliament is not a coalition of the Conservative party and the Liberal Democrats, it includes the Labour Party. When it comes to warfare, the UK has only one party—the Gang of Three. The House of Commons voted by 557 to 13 to support the UN resolution 1973 on Libya. The thirteen MPs with the principle to vote against were:

John Baron (C: Basildon & Billericay), Graham Allen (L: Nottingham North), Ronnie Campbell (L: NBlyth Valley), Jeremy Corbyn (L: NIslington North), Barry Gardiner (L: NBrent North), Roger Godsiff (L: NBirmingham Hall Green), John McDonnell (L: NHayes and Harlington), Linda Riordan (L: NHalifax), Dennis Skinner (L: NBolsover), Mike Wood (L: NBatley and Spen), Katy Clark (L: NNorth Ayrshire and Arran), Yasmin Qureshi (L: NBolton South-East), Caroline Lucas (Green: Brighton Pavilion), Mark Durkan (SDLP: Foyle), Margaret Ritchie (SDLP: Down South).

The rest either abstained, showing they are good for nothing, or voted for yet another middle eastern war. These people have no excuse. They have seen what Blair and Bush did in Iraq and what is happening in Afghanistan, but they are so lacking in principle and dripping in opportunistic self satisfaction that they ignored what they know… for self advancement. They are not fit to be MPs. They are not fit to be in Parliament. Parliament requires an opposition or it is as much a dictatorship as Libya. What is the point of choosing a representative when all of them vote according to the script that suits the MP and not what the citizens they represent want.

These people have killed democracy as we know it. As we know it it is pointless, and it needs now to be re-thought. The present system is a careerist gravy train for crooks, who, on this vote, outnumber principled MPs 43 to 1. We cannot expect Parliament to reform itself, so we, the people, will have to reform it as we have had to do in the seventeenth century, and twice in the nineteenth century by revolution and the threat of revolution. Britons died on these occasions, and doubtless the same will again be true. To achieve fairness and justice ordinary people always die.

Will the French, Americans and Arabs be organizing a humanitarian “No Fly Zone” over the UK when our government turns the troops against its people? No chance! If anything, they will do the same as in Libya. The “No Fly Zone” over Libya is obviously… obviously… not a humanitarian venture.

Just how do you save people from being killed by bombing them? It is exactly the same in Afghanistan where even Karzai, the US stooge, now wants the US and its lapdogs out, after a series of mass murders of civilians, often by US drones. It shows the poltroonery of the US and its allies. They are doing their best to engage the enemy by robots in case they might get killed themselves, so they sent pilotless aircraft to target schools and weddings, anywhere where there seems to be a gathering of people on the assumption that it is a troop of rebels.

And to what purpose? How does an ordinary Briton or American benefit from this wanton brutality? We do not. A few people employed servicing the military will briefly enjoy secure employment, but the rest of us will have to pay for this adventure, as we paid for the previous ones, by job losses and tax hikes. The beneficiaries are the rich, not us. And, when we choose to rebel against our rich dictators, the rich will use the technology they are perfecting abroad against us.

Israel—a Rogue State

Perhaps something will come out of it. It is wishful thinking, but goes like this.

Since all these MPs think it proper to support the bombing of nations that they claim a humanitarian reason for doing, they ought now to be willing to support the bombing of Israel, a rogue state which has different laws for Jews and Arabs among its own citizenry, and frequently raids Gaza, a small patch of land packed with millions of Arabs who are not Israeli citizens. Israel’s “democratic” authorities have even revoked the residency permit of the Anglican Bishop of Jerusalem. Despite efforts by the Archbishop of Canterbury, the British Foreign Secretary and the British ambassador, the Israelis have not relented.

After maintaining a deafening silence about Israel’s atrocities against civilians, Britain suddenly wants a “day of reckoning” for war criminals—as long as they are Libyan.
Stuart Littlewood

The UK Foreign Secretary William Hague, promised retribution for Gaddafi’s crimes, and to refer Libya to the Prosecutor of the International Criminal Court:

That sends a clear message to all involved, in the regime and any other groups that if they commit crimes and atrocities there will be a day of reckoning for them.
Crimes will not go unpunished and will not be forgotten. There will be a day of reckoning and the reach of international justice is long.

British diplomats expressed the ConDem coalition’s policy as taking whatever steps were necessary…

…to ensure that those responsible for the awful human rights violations that are currently occurring in Libya are held to account… [because] we are appalled by the levels of violence… [so] The United Kingdom will do everything we can to make sure those responsible in the Libyan regime are held accountable for their actions…

Why then did we not hear this highly principled, humanitarian Foreign Secretary call for a reckoning with the Israeli regime? It murdered 1400 of Gaza’s civilians, including hundreds of children, two years ago, at Christmas! Besides the murder, the attacks left thousands maimed and myriads homeless, having to live in rubble. One UN resolution was sufficient for the bombing of Libya, but very many UN resolutions have been passed regarding Israeli oppression of Palestinians with absolutely no response at all from these humanitarian leaders of ours.

HMS York instantly appeared unloading medical supplies for the Benghazi Medical Centre, donated by the Swedish government, but nothing was available to assist when Gaza was under attack from Israeli bombers, or when Israeli soldiers acted as pirates on the high seas hijacking a Turkish ship carrying similar humanitarian aid to Gazans who are oppressed, humiliated, and impoverished every day by Israeli attacks.

Instead of seeking justice for Israeli crimes the Foreign Office is trying to change international law to let the Israeli criminals who authorized and justified them, like Tzipi Livni, Avigdor Lieberman, Ehud Barak and Binyamin Netanyahu, to move freely in the west.

Prominent Zionist Jews, who are knee jerk supporters of Israel, whatever atrocities they commit, are among the supporters of western political parties, and western leaders pander to these Zionists because they will finance them. David Cameron told a Jewish dinner, according to the Jerusalem Post:

With me you have a prime minister whose belief in Israel is indestructible… I will always be a strong defender of the Jewish people. I will always be an advocate for the State of Israel.

Cameron promises to support the Zionist state of Israel “always”—whatever crimes it commits! And then he cynically equates “the Jewish people” with Israel, so is it any wonder that some people do the same and attack Jews wherever they are for the crimes of Zionist Israel? Anti-Semitic attacks are on the increase, the Chief Rabbi of the UK tells us, as if it should be surprising when so many of them are Zionists—Jewish fascists! But all Jews are not Zionists, and all Jews do not support the racialist attitude of Israel, including some Israeli Jews.

Western uncritical support of Zionism is why Israel gets away with what Gaddafi cannot, why anti-Semitism is increasing, and why also the megarich oil sheiks of the Arabian peninsula can oppress their own people without a word of criticism from western leaders like Hague, Cameron, Obama and Clinton, all of whom get more two faced and slimy by the second. If you are an Arab rebel make sure you choose who you are rebelling against. If it is Gaddafi—OK, you are a democrat. If the king of Saudi Arabia—bad news, you are a terrorist.

War is a massacre of people who don’t know each other for the profit of people who know each other but don’t massacre each other.
Paul Valery

Invading foreign countries is for the benefit of a narrow class of megarich people, who like to steal other people’s assets and benefit from war bucks whatever else happens.

Sunday, January 30, 2011

Civilians in War Zones and International Law

In a discussion on Civilians in War Zones, eminent Judge, Richard Goldstone, formerly of the Constitutional Court of South Africa, characterized the last century as “very bloody”. At the beginning of the 20th century, there was one civilian killed for every eight or nine soldiers. In World War II, the ratio became 1 to 1. Now, for every soldier killed, nine civilians die. The cause is the use of indiscriminate air power which pays propaganda value lip service to supposed minimization of collateral damage, a euphemism for civilian injuries, but also because of “deliberate attacks against civilians” to terrorize them.

Though we already have some excellent international court facilities, like The Hague in Holland, not all countries co-operate in making them effective, including the US, and so to deter this trend, Goldstone wants better international courts and more international co-operation to bring criminals to justice:

Our only hope is in an efficient, international system of justice&hellip [and] …an effective, coherent international system of law.

The widespread availability of pictorial evidence, from digital cameras, mobile phones and hand held movie cameras, easily transmitted from country to country by the internet offers new ways of bringing criminals to justice. He said:

There should be true equality. People’s human dignity and their right to that dignity needs to be recognized, [through] a concerted effort to implement international law.

Helen Stacy, a Stanford scholar in international and comparative law, pointed to the admirable role of the US in bringing about the adoption of the Universal Declaration of Human Rights, and in pressing on with the Nuremberg Trials. Yet the US has fallen short of its once impressive standards in refusing to sign, for example, the Convention on the Rights of the Child. 194 nations have ratified this convention including all of the nations in the UN except Somalia and the US! Equally, the UN Convention on the Elimination of All Forms of Discrimination Against Women, has only not been signed by the US.

The US has, of course, liberal forms of expression, and so notionally it is possible for citizens to raise these issues and press for them, but It is pretty plain to outsiders, if not to many people within the US system, that the fault in the system is the press and broadcast media which are overwhelmingly owned by one small section of society with a view of the world that does not favor many of these conventions, for all the past reputation of the US. The media either fail to highlight important international issues, or make light of them. Professor James Campbell, who headed Brown University’s Steering Committee on Slavery and Justice, said:

Conversations like this are enormously important. The future of international humanitarian law is being determined.

International humanitarian law is “a constant struggle, an inescapably political struggle assailed by powerful enemies, and curiously mocked by a public that regards it as naïve, feckless, or who regard the idea of international law as an oxymoron”. Nevertheless, “the rapid expansion of international law is ongoing… Just as freedom is a constant struggle, so is international humanitarian law. It is being waged in our country, in dialogues like the one we’re having today”.

Ultimately, the skepticism about international law, will remain valid as long as the most powerful country in the deliberately stands in the way of effective implementation because it prefers to be its own law. That would be fine, if that country operated internationally by the legal and democratic principles which it is fond of citing. Instead it uses the double talk of John Foster Dulles—it always agrees in principle, while in practice putting every obstacle in the way.