Paradise Lost

Diary of a Mad Law Professor

By Patricia J. Williams

This article appeared in the October 15, 2001 edition of The Nation.

September 27, 2001

Nine times the Space that measures Day
      and Night
To mortal men, he with his horrid crew
Lay vanquisht, rolling in the fiery Gulf
Confounded though immortal: But his doom
Reserv'd him to more wrath...
         --John Milton, Paradise Lost, Book I

As a million impoverished Afghans flee toward the borders of Iran and Pakistan, as the reconfiguring of civil and human rights is debated in Congress, as the CIA considers reinstating the kinds of training camps in which Osama bin Laden and Saddam Hussein learned so much before they Fell From Grace, as rumor and disinformation swirl through our media and the Internet, and as the world readies itself for war against murkily located and confusingly defined enemies, I find no words for this great sadness. I offer instead cautionary notes from my clippings of the Gulf War ten years ago, during the presidency of George Bush the Elder.

January 8, 1991: The New York Times reports that the Defense Department, "in obtaining permission to give experimental drugs to American troops in the Persian Gulf, is about to violate the Nuremberg Code, one of the primary moral documents to emerge from World War II.... Since Nuremberg, no government has officially attempted to justify research on competent adults without their informed consent--that is, not until our government said exceptions would be permitted so that specific unapproved drugs and vaccines could be administered to the troops without their consent.... Under the new regulation, whatever experimental drug or vaccine military commanders and the FDA think is in the soldiers' best interest becomes obligatory 'treatment.'"

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About Patricia J. Williams

Patricia J. Williams, a professor of law at Columbia University and a member of the State Bar of California, writes The Nation column "Diary of a Mad Law Professor." Her books include The Rooster's Egg (1995), Seeing a Color-Blind Future: The Paradox of Race (1997) and, most recently, Open House: On Family Food, Friends, Piano Lessons and The Search for a Room of My Own (Farrar Straus and Giroux, 2004.) more...
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