News and Features
Whichever of the two losers assumed the presidency of these United States mattered not at all in terms of construction of a "Star Wars," or Ballistic Missile Defense, system, since both promised to begin work on it. . . . Given the proven and demonstrated unworkability and cost of the proposed system, it is very slightly more probable that Bush could cancel it without loss of face. But the "contractor community" (as I once heard it seriously called) has demands and donations to make and raised expectations to be fulfilled, and the exorbitant amount already committed may need to be justified, so it is sure that we will be hearing a great deal more about the need to protect ourselves from North Korea.
STILL LOSING RUSSIA
"As a result of the Yeltsin era, all the fundamental sectors of our state, economic, cultural and moral life have been destroyed or looted," lamented Alexander Solzhenitsyn earlier this year--quoted, with no doubt a great sense of historical irony, by Stephen F. Cohen in his latest book, Failed Crusade. Some of former "Sovieticus" columnist and frequent Nation contributor Cohen's reportage will be familiar to readers of the magazine, reprising pieces that appeared here and elsewhere, with new chapters bringing the perspectives up to the minute. He traces the history of the impulse to remake Russia in the US image and its resurgence in mainstream thinking by 1992, the first post-Soviet year and last gasp of the Bush Administration. Cohen then proceeds to chronicle how both Russia specialists and the press badly mischaracterized events, to the point of malpractice. In "Transition or Tragedy?" for instance, the most widely reprinted of his articles in the 1990s, Cohen warned that a national tragedy was unfolding about which Westerners would be told little but instead be assured that the transition to a free market "has progressed remarkably." No wonder, he writes, "few readers of the American press were prepared for Russia's economic collapse and financial scandals of the late 1990s." After a catalogue of how the picture has been distorted, the ensuing portions of the book present Cohen's analysis of developments from 1992 to 2000, arranged chronologically, and then his recommendations in working toward a new Russia policy.
In his bracingly corrective view, Cohen concludes that "the missionary crusade of the 1990s was not only the worst American foreign policy disaster since Vietnam; its consequences have contributed to new and unprecedented dangers." Among the necessary remedies: much new thinking in US circles, an openness to Russian-derived solutions and extension of substantial financial aid. His warning is dire, but so is the situation: "For the first time in history, a fully nuclearized country has already been perilously destabilized, but still there is no sufficient American understanding."
In their 1996 book The Next War, former Secretary of Defense Caspar Weinberger and Peter Schweitzer concoct some troubling scenarios they imagine could confront the United States. One is with Mexico: It's 1999, and a radical nationalist comes to power with the assistance of drug traffickers, resulting in a flood of migrants and drugs across the US boundary. In response, the Pentagon sends 60,000 troops to the border region. Tensions between the two countries mount over the next few years, leading to a full-scale US invasion of Mexico that restores law and order within six months. In constructing this nightmare scenario, the authors draw on a long history of depicting undesired immigrants as invading hordes and the international boundary as a line of defense. Peter Andreas recounts this hawkish vision in his provocative and highly persuasive Border Games: Policing the US-Mexico Divide. He argues that predictions of an inevitable march toward greater levels of militarization in the region--of which the Weinberger/Schweitzer vision is the most extreme--ignore the necessity of maintaining a porous boundary because of the significant and intensifying levels of economic integration between the United States and Mexico.
Still, as part of the US government's war on drugs and "illegal" immigrants in the border region, the enforcement regime has grown dramatically over the past two decades, as chronicled by Andreas. The antidrug budget of the Immigration and Naturalization Service, for example, rose 164 percent between fiscal years 1990 and 1997, while the overall budget for the INS nearly tripled between FY 1993 and 1999, from $1.5 billion to $4.2 billion, with border enforcement the biggest growth area. At the same time, transboundary trade has reached unprecedented heights because of the 1994 implementation of NAFTA. This exacerbates the challenge of "enforcement." As a 1999 government report cautioned, "Rapidly growing commerce between the United States and Mexico will complicate our efforts to keep drugs out of cross-border traffic." With a daily average of 220,000 vehicles now crossing into the United States from Mexico--and only nine large tractor-trailers loaded with cocaine required to satisfy annual domestic demand in the United States--the task facing US authorities is daunting.
Given such practical contradictions, it's the creation of an image of boundary control that has been most significant. As Andreas explains--and this is his well-written book's central point--the escalation of border enforcement is less about deterring drugs and migrants than it is about symbolism. In other words, state elites are more concerned about giving a good performance for reasons of domestic political consumption than they are about realizing the stated goals of boundary enforcement. In fact, the political-economic costs of too much success serve to limit enforcement. As one high-level US Customs official cited in Border Games stated, "If we examined every truck for narcotics arriving into the United States along the Southwest border.... Customs would back up the truck traffic bumper-to-bumper into Mexico City in just two weeks--15.8 days.... That's 1,177 miles of trucks, end to end."
To the extent that there is an appearance of success, however (statistics showing more interdiction, for example), it helps to realize a variety of political agendas. As Andreas contends, "Regardless of its deterrent effect, the escalation of enforcement efforts has helped to fend off political attacks and kept the drug issue from derailing the broader process of economic integration."
Thus, in the case of NAFTA, the deceptive image (one carefully crafted with the Clinton White House) that Mexico under Carlos Salinas de Gortari was having significant success in the binational war on drugs facilitated a reluctant Congress's passage of NAFTA. Moreover, the Administration promised that NAFTA would bring even greater levels of transboundary cooperation in the drug war and lead to more resources for boundary enforcement.
NAFTA also intertwined with the Administration's offensive against unauthorized immigration (a matter Andreas does not discuss), which was, in part, the US answer to massive disruption in Mexico's rural and small-business sectors brought about by growing economic liberalization. While Administration officials promoted NAFTA as a boundary-control tool (by creating better, high-paying jobs in Mexico, went the argument, NAFTA would lead to less immigration from Mexico to the United States), they also understood that NAFTA would intensify pressures to migrate among Mexicans displaced in the name of economic efficiency. As INS Commissioner Doris Meissner argued to Congress in November 1993, "Responding to the likely short- to medium-term impacts of NAFTA will require strengthening our enforcement efforts along the border."
For Andreas, specific developments are often the "unintended feedback effects of past policy choices" as much as the result of particular bureaucratic incentives and rewards. The 1986 Immigration Reform and Control Act (IRCA), for example, led to the legalization of large numbers of unauthorized immigrants as a way of ultimately reducing unsanctioned immigration. IRCA's main effect, however, was "to reinforce and expand already well-established cross-border migration networks" and to create a booming business in fraudulent documents.
These "perverse consequences" laid the foundation for the anti-immigrant backlash that emerged in the early 1990s--most vociferously in California, a state especially hard hit by the recession and feeling the effects of a rapidly changing population due to immigration. In advancing this argument, Andreas cautions that his goal is "not to provide a general explanation of the anti-illegal immigration backlash." Rather, he seeks to show how political and bureaucratic entrepreneurs partially whipped up public sentiment and channeled it "to focus on the border as both the source of the problem and the most appropriate site of the policy solution." While there is much merit in such an approach and the explanation that flows from it, it is insufficient.
First, as many have argued, the backlash of the 1990s was not simply against "illegal" immigrants but, to a large degree, against immigrants in general--especially the nonwhite, non-English speaking and the relatively poor. Moreover, as Andreas shows in a stimulating chapter that compares and contrasts similar developments along the Germany/Poland and Spain/Morocco boundaries, the seeming paradox of "a borderless economy and a barricaded border" is evidenced along boundaries that unite and divide rich and poor in other parts of the world. Given the locales of these developments and their uneven impacts on different social groups, there is need for another type of explanation.
How does one explain the differential treatment of the interests of the rich (enhanced trading opportunities) and those of the poor (those compelled by conditions to migrate and work without authorization)? It is in this area that Grace Chang is of great help. Disposable Domestics offers a refreshingly new perspective on immigration control. Chang's tone is overtly political and more polemical than that of Andreas, but her approach is equally rigorous. Her goal is to make poor immigrant women visible, to humanize them, to highlight their contributions and tribulations, and to show them as actively trying to contest their conditions of subjugation.
Chang argues persuasively that poor immigrant women--largely Third Worlders--have become a central focus of "public scrutiny and media distortion, and the main targets of immigration regulation and labor control" in the United States. To show the continuity between past and present, she provides an overview of the long history of imagery portraying immigrant women as undeserving users of welfare services and hyperfertile breeders of children. In doing so, she makes an invaluable contribution, showing how the regulation of immigration and labor is inextricably tied to matters of gender, as well as to those of class, race and nationality.
The author effectively challenges mainstream assumptions that surround the immigration debate. For example, she argues that studies attempting to measure the costs and benefits of immigration--regardless of their findings or the agendas behind them--ultimately reduce immigrants to commodities or investments. Chang sides with an emerging consensus among immigrant advocates that sees such studies as missing the point, and instead emphasizes the human and worker rights of all immigrants. In this regard, she criticizes immigrant advocates who have fallen into the trap of dividing immigrants between good ("legal") and bad ("illegal").
Chang highlights the folly of this approach in recounting the trials of Zoë Baird, Clinton's first nominee for Attorney General. When it came to light that she employed two undocumented immigrants as domestic servants--a common "crime" among two-career, professional couples--her nomination was sunk. What led to public outrage, according to Chang, was more the "resentment that this practice was so easily accessible to the more privileged classes while other working-class mothers struggled to find any child care," rather than the flouting of the law per se.
Throughout, Chang gives us moving accounts of gross exploitation of immigrant women working as domestics or caretakers, showing that relatively well-off households often look specifically for "illegals" to save money and to facilitate their privileged lives. Indeed, "the advances of many middle-class white women in the workforce have been largely predicated on the exploitation of poor, immigrant women." For Chang, this explains why "the major women's groups were conspicuously silent during Baird's confirmation hearings"--a manifestation of the racial and class privileges their members enjoy.
Recent antiwelfare efforts in the United States, which Chang explores in another provocative chapter, also rely on the exploitation and scapegoating of immigrant women. She compares representations of poor women--native and immigrant--used both in the promotion of welfare "reform" and in efforts to regulate undocumented working women. In both cases, poor women are portrayed as exploiters of the system (to facilitate their hyperfertility) and as criminals--either as welfare cheats or as "illegals." For welfare mothers, the resulting backlash is "workfare"--a program that forces them to work (outside their homes, under the assumption that raising children is neither work nor a benefit to society), but not for a wage. They work for their welfare benefits instead, a remuneration usually far below what they would earn as employees. Meanwhile, government officials, corporate spokespersons and household employers mask their exploitation of low-wage employees as beneficence, purportedly providing them with opportunities, training and preparation, and the ability to assimilate into respectable society.
The war on the poor (welfare reform) and that against unauthorized immigrants are also sometimes functionally tied. Virginia's state office of social services, for example, cooperated with the INS to open up jobs held by "illegals" for workfare participants. This, along with INS raids of workplaces in the midst of unionization drives, according to Chang, is a growing trend. It is far from clear, however--at least on the basis of the anecdotal evidence Chang presents--that such events indicate a long-term, upward trend. Indeed, while anti-union employers have long used the INS to undermine immigrant-worker organizing, with a number of especially outrageous incidents taking place in the late 1990s, those appear to have diminished over the last couple of years, apparently due to the outcry from union, immigration and human rights activists. In part, the discrepancy reflects the fact that Chang wrote the book--more a collection of essays stitched together--over several years, with some of the chapters having appeared in previous publications.
Chang tends to see the factors that create and drive immigration and the mistreatment of low-wage immigrant workers as derivative of an overarching economic logic and a resulting set of intentional, goal-oriented practices. Thus, the workfare/INS-raid nexus illustrates the "true function" of the INS: "to regulate the movement, availability, and independence of migrant labor." More generally, immigration "is carefully orchestrated--that is, desired, planned, compelled, managed, accelerated, slowed and periodically stopped--by the direct actions of US interests, including the government as state and as employer, private employers, and corporations." United States elites keep Mexico and other countries in "debt bondage" so that they "must surrender their citizens, especially women, as migrant laborers to First World nations." And the purpose of California's Proposition 187, which would have eliminated public health, education and social services for unauthorized immigrants, is "perhaps" to mold immigrant children into a "category entirely of super-exploitable workers--those with no access to language or other skills and, most of all, no access to a status even remotely resembling citizenship that might allow them the safety to organize."
Such contentions imply a level of unity within the state and coherency in thought among economic and political actors (who are seemingly one and the same) that simply do not exist. They also downplay the agency of immigrants--who appear to be mere pawns of larger forces--and factors internal to their countries of origin driving immigration. Finally, such economic reductionism is puzzling given Chang's emphasis on race, gender and nationality. It seems at times, however, that she thinks that these are mere tools for highly rational, all-knowing and all-powerful economic elites.
This is why we need to appreciate the autonomous roles of race-, class-, gender- and nation-based ideologies in informing much of the anti-immigrant sentiment--factors that do not always dovetail with the interests of capital. Indeed, those elements are frequently at cross purposes. More than anything, anti-immigrant initiatives over the past thirty years have been the work of opportunistic and/or entrepreneurial elected officials, state bureaucrats and the cultural right--often small grassroots organizations and right-wing think tanks--rather than the business sector. Historically, capital has been generally pro-immigration. As the New York Journal of Commerce gushed in 1892, "Men, like cows, are expensive to raise and a gift of either should be gladly received. And a man can be put to more valuable use than a cow." Today, the Wall Street Journal advocates the elimination of border controls for labor. While this probably does not represent the view of most capitalists, it is significant nonetheless. And in the case of Proposition 187--as Chang reports--California employers, while collectively failing to take a public stand on the measure, generally opposed it for fear that they had much to lose if it passed. That said, the author is undoubtedly right to castigate employers for doing little or nothing to stand up for the rights of immigrants from whose labor, and from whose politically induced marginalization, they profit.
Given the divergent emphases and approaches of Andreas and Chang, very different solutions emerge from their arguments. Andreas criticizes the overemphasis on the supply side of unauthorized immigration and drugs. In terms of immigrants, for example, he observes that among wealthy countries, the United States "imposes the toughest penalties on the smuggling of migrants and related activities yet is among the most lenient with those who employ them." Similarly, he criticizes the scant resources available for enforcing existing workplace rules, which would undermine the ability of employers to exploit unauthorized workers, and he chides Congress for failing to develop a forgery-proof identity card system. (His stand on continued drug policing in the border region is less clear, although he calls for framing the drug problem as one of public health rather than law enforcement.)
Andreas seems resigned to the continued emphasis on border controls, too, despite demonstrating their brilliant failure. As one INS official he quotes explained, "The border is easy money politically. But the interior is a political minefield." Ending the border buildup is also a political minefield--one Andreas seems unwilling to enter. He is decidedly critical of the border status quo and aware of the hardships it causes (a topic to which he gives insufficient attention), but he critiques it on its own terms. In this regard, he does not stray outside the mainstream confines of debate.
A law-enforcement approach to unauthorized immigration is destined to fail. The ties between the United States and Mexico (and increasingly much of Latin America) are too strong, migrants are too resourceful and creative, and Americans are too resistant to the types of police-state measures that would prove necessary, to reduce unsanctioned immigration significantly. A far more effective and humane approach would be to work with progressive sectors of Third World societies to address the breakdown of political, economic and social systems and/or institutionalized injustice that often leads to immigration.
De-emphasizing boundary policing will likely reduce the deaths of unauthorized migrants (almost 600 in the California border region alone since 1994). But increased internal enforcement will create other difficulties, such as increased discrimination against those who do not look "American." It will also cause greater hardships in immigrant households, many of which contain people of different legal statuses. Should the US deport a principal breadwinner (an "illegal") from such a household, for example, leaving behind his or her US citizen children and "legal" spouse to fend for themselves?
Although Andreas argues that "the state has actually structured, conditioned, and even enabled (often unintentionally) clandestine border crossings," he discusses this matter in narrow terms, focusing on how previous "solutions" to the putative problems had an exacerbating effect. Meanwhile, he neglects the role played by the government and US-based economic interests in creating the conditions that fuel immigration. Thus, no issues of moral or political responsibility enter the analysis.
Grace Chang, on the other hand, puts a strong emphasis on the responsibility of the United States in fueling outmigration; it benefits from immigrant women's labor and wreaks havoc in Third World countries through the likes of military interventions and the imposition of structural adjustment programs. For Chang, the question is not one of trying to devise the best policy to control the unauthorized but of bringing about the changes needed to realize the rights of immigrants as workers and as human beings. In making this case, Chang correctly calls upon those of us who benefit from an unjust world order to stand in solidarity with immigrants--especially low-wage, Third World women who enable our privileged lifestyles--in their struggle for social justice at home and abroad.
In the more trying period ahead, a modest internationalism would fare best.
New York City
The Nation acknowledges that military and civilian trials in Peru violate due process of law in terrorism cases, that thousands of innocent people have been convicted and that thousands remain in prison in Peru today after political trials. Presumably it agrees that DINCOTE, the Peruvian antiterrorism police responsible for those convictions, are about as restrained and trustworthy as the elite national police that served Pinochet in Chile, the military governments in Argentina and Guatemala in the seventies and eighties and similar other police states.
Why then did The Nation choose to use its resources and invest its credibility to challenge Lori Berenson's innocence by relying on what are allegedly DINCOTE documents [Jonathan Levi and Liz Mineo, "The Lori Berenson Papers," Sept. 4/11]? The Nation was told that Peru planned to nullify Lori's military tribunal conviction and sentence to life imprisonment on the basis of a petition she filed in December 1999, and that The Nation was being used by DINCOTE to support charges against Lori for a new show trial.
Jonathan Levi misleads his readers by implying that the Berensons and I questioned only the authenticity of the records. If he will listen to the tape he made of our interview, he will hear it was the reliability of the papers, not merely their authenticity, that we challenged. We told The Nation that DINCOTE leaked the papers, "never before seen by the public but obtained by The Nation," precisely to spread false information about Lori in its pages, which reach so many of Lori's supporters, at the very time Peru would nullify Lori's military trial and begin yet another propaganda campaign against her in a new show trial in civilian courts, a trial that is itself illegal and not capable of fairness. The military tribunal, after a nine-month delay, nullified Lori's conviction and began the new proceedings just as the Nation cover story with its picture of Lori was being distributed.
The article accepts as gospel the false DINCOTE allegations of fact even where Lori has had the rare opportunity to state the opposite. The article refers repeatedly to Lori's "testimony," "deposition," "transcripts," suggesting there exist exact verifiable statements by Lori. But there are no transcripts, depositions or verbatim testimony, there is only what Levi claims a DINCOTE file they will not disclose contains. Who believes DINCOTE? Nor is it accurate to say that the papers "shed new light." All the false claims about Lori have been leaked to the press and printed repeatedly.
Levi has refused to permit the Berensons, or me, to see the papers he has. This places him in the same position as DINCOTE, which he concedes refused to provide copies of the documents "even to her lawyers," and in the same position as the Fujimori government, which has refused to provide any documents to the Berensons, Lori's counsel or the Inter-American Commission on Human Rights. Levi said he is "especially afraid with the trial coming up" to provide Lori a copy of the documents, because that would "have us working for the defense." Incredible. He is working for DINCOTE. He claims to have "sources intimately familiar with [its] workings." We ask only for a copy of the false papers with which Levi challenges Lori's innocence, not the source for the papers.
Aside from the moral outrage of promoting DINCOTE propaganda, the Nation article is patently cheap and demeaning to Lori Berenson. In a single sentence, asserting how "most ordinary Peruvians" feel about Lori, Levi writes that she "is a Beauty who slouches...toward Latin America, only to turn into a terrorist Beast, eyes wide open." Why the triple play on a fairy tale, a Didion book title and a prurient movie? Why the repeated references and allusions to sex? Above all, why is Levi, who has never met Lori, compelled to deny the possibility that she acted from inner qualities of goodness, even greatness, as he observes heroines in "classical tragedy" to do? Instead, he argues that she is doing the reverse: "She seems to be translating her fall into a theatrical grandeur." Lori has spent nearly five years in life-threatening prison conditions without a trial by any civilized standard on false charges in complete isolation, where any effort at "theatrical grandeur" can be seen by no one. All while the controlled press in Peru demonize her daily and The Nation serves DINCOTE's cause here in the United States.
Levi seems to know little about Peru, or Lori's case, except what DINCOTE and people within its sphere of influence told him. Lori's Peruvian lawyer in the military trial, who has not represented her for years, despite Levi's assertion that he still does, "although he is not as active as he once was," was never present during her nearly nine days of intense interrogation and sleep deprivation when Lori was alone in the tender hands of DINCOTE. On the day the statement DINCOTE prepared was given to her to sign, he saw Lori for the first time but was never able to talk with her in private before, during or thereafter. From time to time he has made statements harmful to Lori for whatever reason, which Levi joins the Peruvian press in repeating with glee.
The utter emptiness of the effort to support some level of guilt is found in Levi's repeated references to the one exposure to the Peruvian press just before her sentencing that was forced on Lori, in which she courageously and angrily spoke with passion about her concerns for the poor and about the absence of social justice in Peru. She also expressed the opinion that the MRTA is a revolutionary movement, not a terrorist group. Can the expression of a single opinion in less than twenty words be a crime? Levi thinks so. He refers to the "contempt in that face" from the film clips, although he has never seen her face. Lori was very angry for good reasons. Peru claims her words are the crime translated as "apology." It carries a lengthy prison term. Levi distinguishes the fate of an Italian woman who was convicted like Lori--but according to them on "more hard evidence"--and who was released after seventeen months, based on her claim of innocence, but Lori has always insisted she was innocent. Apparently he never saw the film clips of the Italian woman, who appeared far more agitated than Lori.
Levi called the Berensons to congratulate them when they heard Lori would get a new trial. But surely even he knows such a trial will not be fair. We can ignore the outrageous and repetitious claims of DINCOTE against Lori carried in The Nation. They are false. Lori will tell the truth if she is forced into a public show trial, and the truth will keep her free in spirit and someday make her free in body.
It is more difficult to ignore the role of The Nation in using its pages to support false DINCOTE propaganda planted to poison US opinion about Lori. A majority of Congress has demanded Lori's release from prison because Lori's parents, despite all the propaganda from Peru and the "Washington Peru policy," have persuaded them Lori is innocent. The Nation has not helped truth find its way out.
Perhaps the Nation Institute will now investigate how this happened.
LEVI & MINEO REPLY
New York City; Cambridge, Mass.
It's sad to watch such a historic defender of human rights as former Attorney General Ramsey Clark so willfully misread our report on his client, Lori Berenson. This misreading starts even before our story begins. Throughout his letter Clark attributes the article solely to Jonathan Levi. In fact, the byline was shared by Levi and Liz Mineo. Clark writes: "Levi seems to know little about Peru or Lori's case." Mineo, a full partner in the research and writing of the piece, was not only born in Lima but lived there for more than thirty-five years and worked (as her bio indicated) as an investigative reporter for a variety of newspapers and magazines, including El Comercio, a newspaper that the Berensons have lauded for its fair coverage of their daughter's case.
Clark makes some strong claims about our journalistic integrity and the motivations behind our story, but he fails to provide any evidence to support them. We reported in the article that Berenson's own lawyer in Peru, Grimaldo Achahui, signed the DINCOTE record of her interrogation and later confirmed its authenticity. Clark attempts to disparage Achahui by declaring that he "has not represented [Lori] for years" and that "he has made statements harmful to Lori." In fact, his last action on her behalf was filing Berenson's appeal to the Inter-American Court of Human Rights in 1999, and as recently as August the Berensons themselves referred to Achahui as Lori's Peruvian lawyer. The only statements of his that we repeat pertain to his verification of Lori's testimony to DINCOTE and his opinion that her sentence was unfair.
Clark writes, "The article accepts as gospel the false DINCOTE allegations of fact...." Perhaps Clark missed the following sentence: "The story that emerges from the documents is one of unusually hasty police surveillance, negligent interrogation and reckless reliance on one witness whose testimony was neither challenged nor corroborated. The documents give a crude demonstration of how hyperinflation can be applied to a police charge, raising Berenson, in its final pages, from the obscurity of a minor suspect to the limelight of a major leader of the MRTA." Our aim was to examine all received truths about the case. To that end, we conducted interviews with dozens of people in Peru, including former and current members of DINCOTE as well as former and current members of the MRTA and educated observers within the diplomatic and business community. Nowhere did we represent the DINCOTE documents as the record of a fair and balanced judicial process. Although we described discrepancies between Berenson's story as it appears in the documents and other available evidence, we also clearly showed grave inconsistencies in the government's case against her.
It is Clark who displays a striking ignorance of Fujimori's Peru. Although anti-regime journalists (including Mineo and many of her former colleagues) have been harassed and threatened by the government, they continue to operate with vigor. Like journalists everywhere, they routinely use anonymous government sources in their work. We came upon the documents in question through sources within DINCOTE who, in our judgment and that of other independent journalists in Peru, were reliable.
Moreover, contrary to Clark's implication, our article, which was published five days before the announcement that the military charges against Berenson had been dismissed, fairly represented the Berensons' fear that their daughter would be retried in civilian court on the charge of collaboration with terrorism, which carries a sentence of twenty years. (She had previously received a life sentence for "treason against the fatherland and conspiracy to overthrow Congress.")
Clark seems most angry that, after our article appeared, we would not show him the documents. An associate of Clark's asked for the documents on a Monday because Lori was due to be examined by the civilian judge on Wednesday. Once the new legal process had begun, we would have risked compromising our credibility as journalists by showing Clark or his associates the documents. We believe that the Peruvian court was wrong to withhold these documents from Berenson and her attorneys. But one does not have to be a lawyer to understand the difference between a judge and a journalist.
In Clark's view, since we were not willing to work for him and the Berensons, we must be working for DINCOTE. It is a charge that is beneath Clark, a veteran of the struggle during the dark cold war days of this country, when loyalty was painted red or white, and if you weren't on our side you were on theirs. Although we feel great sympathy for Mark and Rhoda Berenson and can only hope that our parents might fight so tirelessly and energetically if we found ourselves in Lori's position, we react with an appalled sadness to Clark's slander.
THE EDITORS REPLY
We stand by Jonathan Levi and Liz Mineo's careful reporting for this magazine on the Lori Berenson case. We also share Ramsey Clark's belief that justice is not possible for Berenson in Peru and that she should be released, a view we expressed in an editorial accompanying Levi and Mineo's article and another just after her new civilian trial was announced. The only "truth" we presumed to reveal was that the investigation of her case, her trial and conviction were deeply unfair and the government's evidence against her hopelessly tainted. Therefore, our recommendation was not for her case to be reopened but for human rights advocates to step up pressure on the regime to free her and all those unjustly convicted of terrorism in Peru.
I read with interest the timely report on Lori Berenson, which coincided with the Peruvian government's decision to grant her a retrial. This decision, welcome as it may be by human rights activists and the Berenson family and friends, is, however, seen by large sectors of the Peruvian public as a cynical attempt by a beleaguered government nationally and internationally perceived as illegitimate to improve its relations with the United States. While it makes sense for Berenson's family and well-wishers to portray her at best as totally innocent and at worst as a useful idiot, the documentation provided by The Nation points to a much more conscious collaboration with a guerrilla group intent on forcibly deposing a foreign government. In the United States too, long sentences have been imposed on foreigners convicted of aiding in the planning and/or perpetration of acts of terrorism. The World Trade Center case comes to mind.
As a Peruvian, I find the methods used by my government against the guerrillas excessive and often more criminal than the groups it was fighting. The time has come to re-evaluate many of those actions, in both the military and the legal realms. As scandalous as the lack of due process that led to Berenson's incarceration was, it would be equally scandalous for her to be set free simply because she is a well-represented American at a time when freeing her becomes expedient to the Peruvian and US governments, while hundreds or thousands of others remain indefinitely in jail, sentenced under similar conditions and including the truly innocent.
New York City
That Lori Berenson was denied fair jurisprudence and that our government has not secured her release are both clear. But Jonathan Levi and Liz Mineo's attempts to paint a personal portrait of Lori Berenson (through evidence that may have been completely fabricated or through her "militant" attitude during her press statement, where she was instructed to yell to be heard) miss the point. In an instance of gross human and civil rights violations, it is entirely inappropriate to look for kernels of rationale based on the victim's behavior. That Lori is innocent isn't even the issue here--would you deem it appropriate to examine the behavior of a Jewish storekeeper in Nazi-era Germany in order to find a shred of justification in his subsequent gassing at Auschwitz? Lori's imprisonment, her health problems and the outrageous treatment she has suffered by the Peruvian courts are the issues. I don't care if she's a country club Republican or an Uzi-toting terrorist's moll. She's a human being and an American, and she must come home.
In Serbia people power has swept out another tyrant. In the aftermath the Yugoslav federation's new president, Vojislav Kostunica, the constitutional scholar of strong nationalist leanings who led the surprisingly velvet revolution, faced the tough job of renewing a government that stank of rot from the top down. Opposition leader Zoran Djindjic summed up the fast-changing post-Slobo status quo: "We've done two-thirds of the job, but we used the power of the streets more than the power of the institutions and more the power of the people than of political organizations. Now it's up to us to turn what people chose with their energy into reality."
The task of institutionalizing the revolution presented the new federal president with daunting problems. His moves to oust the pro-Milosevic officials in the Serbian government--the still-loyal secret police, the military, corrupt factory managers, bureaucrats and legislators--and install honest civil servants were complicated by resistance from leaders of the old regime and some generals. But he still had the powerful force of unleashed democratic energy behind him. Given Kostunica's nationalistic sentiments, however, which permeate the Serbian Orthodox Church hierarchy and other institutions to which he claims some fealty, there is a danger of the recrudescence of chauvinistic patriotism, which Milosevic stirred up during his reign and to which elements of the populace remain vulnerable. We can hope at this point that Kostunica will work to keep these emotions within bounds.
Kostunica must also deal with restive Montenegro, which harbors secessionist dreams and, unhappy over the current Constitution, boycotted the elections. And he must confront the issue of the future of Kosovo, whose people suffered greatly at Serbian hands. Hundreds of Albanian political prisoners are in Serbian jails, and Kostunica has the power to pardon them. His attitude toward municipal elections in Kosovo, set for October 24, is crucial. These elections were seen as an important step in UN efforts to establish workable institutions in the province--and by many as part of an irreversible process of readying Kosovo for independence.
The West must give Kostunica and his new-fledged democracy strong support, both diplomatic and economic, including lifting sanctions. Billions of dollars are needed to rebuild the economy that the Milosevic regime ransacked and that sanctions crippled, and to repair the infrastructure damage inflicted by NATO bombs.
That does not, however, mean putting on indefinite hold the reckoning with Milosevic and his henchmen before the war crimes tribunal in The Hague. The meting out of justice to indicted war criminals must continue, but the West should give Kostunica running room while persuading him to cooperate with the tribunal.
The Contact Group, led by the United States, France, Britain and Germany, must begin thinking seriously about a broader international diplomatic process to resolve many of the outstanding questions and conflicts of the entire region and to give the Balkans a secure place in the European "house." The Serbs' yearning to be integrated into Europe was a strong motive behind their overthrow of Milosevic.
The crimes of Serbia's leaders, its army and its paramilitaries cannot be forgotten, but the NATO air war left a residue of bitterness among the people. Now, Yugoslav democracy needs to be nourished. The hope of better lives can sustain the Serbs in the arduous task of reconstruction they face in the years ahead.
Certainly...get him hanged! Why not? Anything--anything can be done
in this country. --Joseph Conrad, Heart of Darkness
So here we are, barely into the next century, and the indications
couldn't be better. Peace and prosperity rule. Forget World Wars I and
II, the Nazi death camps, the gulag, Hiroshima, even Vietnam. Forget
that whole last benighted century of ours, that charnel house of
darkness in the heart of the West, or the Free World as we called it,
until, ever so recently, the whole world was freed. That's old news. It
was old even before the "short Twentieth Century," which began amid
nationalist cheers in August 1914, ended early as that wall in Berlin
came down. It's hard to believe now that in 1945, after Europe's second
Thirty Years' War, the civilization that had experienced a proud peace,
while dominating two-thirds of the planet, lay in ruins; that it had
become a site of genocide, its cities reduced to rubble, its fields laid
waste, its lands littered with civilian dead, its streets flooded by
refugees: a description that today would be recognizable only of a place
like Kosovo, Chechnya or Sierra Leone.
What a relief, when you think about it; more so if you don't: Mass death,
massacre (every acre of it), the cleansing of civilian populations, the
whole bloody business has finally been handed back to the savages in
countries nobody who counts really gives a damn about anyway. After all
these years, we face a world in which genocide happens in Rwanda or East
Timor, slaughter and mass rape in the cesspool of the Balkans, which
hardly qualifies as Europe anyway, or in African countries like
Congo--and most important of all, they're doing it to one another. Even
when it comes to nuclear matters, the MAD policies of the two
superpowers have been deposited in the ever-fuller dustbin of history
(though most of the weapons linger by the thousands in the same hands),
and the second team, the subs, have been called in. Now, Indians and
Pakistanis have an equal-opportunity chance to Hiroshimate each other
without (at least initially) involving us at all.
We always knew that violence was the natural state of life out there;
that left to their own devices they would dismember one another without
pity. We've more or less washed our hands of mass death, the only
remaining question being: If they slaughter each other for too long (or
too many gruesome images appear on our TVs), do we have a moral
obligation to intervene for their own good?
With history largely relegated to the History Channel and hosannas to
the Greatest Generation, the disconnect between the exterminatory
devastation of 1945 and our postmillennial world of prosperity seems
complete. So it's hard to know whether to respond with a spark of
elation or with pity on discovering that a few intrepid writers--Mark
Cocker, Adam Hochschild, Jonathan Schell and Sven Lindqvist--have begun
an important remapping of the exterminatory landscape of the last
centuries. (As an editor, I should add, I have been associated with
Hochschild and Schell.) Interestingly, none of them are professional
historians; and I hesitate to call them a grouping, for they seem
largely ignorant of one another's work. Yet their solitary efforts have
much in common.
They have taken remarkably complementary journeys into the West's now
largely forgotten colonial past. Considered as a whole, their work
represents a rudimentary act of reconstructive surgery on our collective
near-unconscious. They are attempting to re-suture the history of the
West to that of the Third World--especially to Africa, that continent
where for so long whites knew that "anything" could be done with
impunity, and where much of the horror later to be visited upon Europe
might have been previewed.
Worried by present exterminatory possibilities, each of these writers
has been driven back to stories once told but now largely ignored. Three
of the four returned to a specific figure, a Polish
seaman-turned-novelist who, as a steamboat pilot in the Congo, witnessed
one exterminatory moment in Africa and on the eve of a new century
published a short novel, Heart of Darkness, based on it. Of the
four, only Hochschild has done original historical research. But that,
in a way, is the point. They are not telling us new stories but
reclaiming older ones that have dropped from sight, and so
re-establishing a paper trail on extermination without which our modern
moment conveniently makes no sense.
It is time to rally around our President and forego the constant drumbeat of criticism that has been his lot on the world stage ever since he discovered that foreign policy involves issues beyond
What's wrong with this picture?: Slobodan Milosevic will be dragged
before an international war crimes tribunal while Robert McNamara tours
American college campuses touting his latest book on how to achieve world
peace, and Henry Kissinger advises corporations, for a fat fee, on how to
do business with dictators.
Clearly, when it comes to war crimes, this nation is above the law.
The United States has supported, nay imposed, a standard of official
morality on the world while blithely insisting that no American leader
ever could be held accountable to that same standard.
The persistent, if implicit, argument, made since the time of the
Nuremberg post-World War II trials, is that we get to judge but not be
judged because we are a democratic and free people inherently accountable
to the highest of standards. Dropping atomic bombs on Japanese civilians
was, therefore, a peaceful gesture because it shortened the war. Wouldn't
we judge such a claim as barbaric if employed by any other nation to
justify using such a weapon?
As the war in Vietnam further demonstrated, we are deeply invested in
the righteousness of war against civilians, but only when we are the
warriors. Now we will judge Milosevic a war criminal because he did the
Whatever the horrors inflicted upon noncombatants during Milosevic's
tenure, they pale in comparison to what McNamara did during the eight
years that he presided over the Vietnam War, in which millions died
because of the lies he told and policies he ordered.
Milosevic is accused of using military force to wage a campaign of
terror against the civilian population of Kosovo. Yet it was McNamara who
defined the largest part of the Vietnamese countryside, populated by
peasants, as a free-fire zone. At no point was the population of Kosovo
systematically raked with anti-personnel bombs and incinerated with
napalm, as were the Vietnamese under the McNamara-directed policy.
McNamara refused to discuss his role in Vietnam for twenty-seven years after
leaving his post as Secretary of Defense, yet the acts over which he
concedes guilt in his 1995 memoir certainly could have formed the basis
of war crimes investigations of both McNamara and Lyndon Baines Johnson,
the president he served. In his book, McNamara makes clear that neither
he nor Johnson believed that the United States had a moral right to carpet-bomb
the Vietnamese into submission to achieve irrational US policy goals.
In a letter McNamara wrote to Johnson in 1967, the Secretary of
Defense conceded that the United States was flirting with war crimes and cautioned
the President that "there may be a limit beyond which many Americans and
much of the world will not permit the United States to go." He added:
"The picture of the world's greatest superpower killing or seriously
injuring 1,000 noncombatants a week, while trying to pound a tiny
backward nation into submission on an issue whose merits are hotly
disputed, is not a pretty one." But LBJ and McNamara were never held
accountable in a court committed to those human rights limits, and their
successors, Richard Nixon and his key warrior, Kissinger, promptly
escalated the war, carpet-bombing North Vietnamese peasants and
destroying all normal life in neutral Cambodia. The fierce bombings that
destroyed the Cambodian countryside also collapsed civil rule there,
paving the way for Pol Pot, a mass murderer who killed more than a
million of his own people and yet later became an ally of the United States. It was
only when he was no longer useful to US policymakers that they
considered him worthy of a war crimes trial. By then he was infirm.
Certainly Milosevic would seem to qualify as a war criminal, but
forcing him to trial while McNamara and Kissinger enjoy acclaim as elder
statesmen is to desecrate the standard of moral accountability. McNamara
was forced to address the war crimes issue last week before a USC
audience. He said he wished that international standards had been in
place when the United States was in Vietnam. Well, there was a standard. It was
established at Nuremberg, and McNamara and company clearly violated it.
As for Kissinger, his offenses are not restricted to any one
continent. He recently said he was too busy to answer a subpoena ordering
him to appear before a Paris judge investigating crimes by the
Kissinger-backed Pinochet regime in Chile.
Milosevic may well be a war criminal, but what arrogance to condemn
Yugoslavia's butcher of civilians when we have exonerated our own.
A quarter-century after the end of the Vietnam War, and eleven years after the collapse of the Berlin wall, it has become commonplace to say that we Americans have no consensus on foreign policy.
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