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The trial in The Hague of the first state president indicted for genocide was to be the ultimate showdown. In the culmination of a fifty-year struggle by the human rights community against impunity, the firm weight of evidence and international law would be brought to bear on one of the world's most brutal dictators, Slobodan Milosevic. But the set-piece confrontation that began on February 12--a combined case covering three wars over ten years, which is expected to last more than two years--soon ran into problems.

By refusing legal counsel because he rejects the legitimacy of the court, Milosevic did more than insure the image of himself sitting alone against the world. He also gave himself license to thunder, without risking cross-examination, about the Balkan wars as a Western "Nazi" conspiracy to destroy socialist Yugoslavia. "This is a political trial that has nothing to do with the law," he declared.

For procedural reasons, the judges had the case run backward, starting with Kosovo and later taking up the earlier wars in Croatia and Bosnia. This allowed Milosevic to focus initially on the NATO bombing campaign--spending many hours in his opening speech listing civilians and civilian institutions hit (and including many horribly graphic photographs) and stressing his argument that Albanians fled Western bombs, not Serbian forces.

Milosevic played to public opinion, and much of Belgrade was delighted, with a local poll giving his performance high marks and his proud wife, Mira, beaming. If the tribunal hoped to break through Serbia's deep rejection of any responsibility for the wars and atrocities, the proceedings appeared to be having the opposite effect. "He has decided to work for the Serbian people and not for himself. He has broken the media lies produced about us," boasted one parliamentarian from Milosevic's Socialist Party.

Nor has Milosevic been totally alone outside Serbia. The International Committee to Defend Slobodan Milosevic, comprising activists, lawyers and intellectuals (including Harold Pinter and Ramsey Clark) has asserted that the "kangaroo court" with its "victor's justice" is illegitimate because the UN Security Council does not have explicit authority under Chapter VII of its charter to establish tribunals. Critics of the court also focused on small errors and confused witnesses in a prosecution case that began weakly. Some Albanians who took the stand seemed lost, failing to nail down the points sought by the prosecution or appearing overwhelmed by Milosevic's aggressive questioning.

The presiding judge, who sparred so fiercely with the defendant in preliminary proceedings, settled into a routine allowing him fairly wide latitude to cross-examine witnesses, only occasionally scolding, "That is enough, Mr. Milosevic." The schedule of the prosecution's case is constantly revised, as the defendant draws out lengthy (sometimes surprisingly well-prepared) cross-examinations stressing the violence of NATO, the Kosovo Liberation Army and even Al Qaeda against innocent Serbs.

It was easy to imagine Milosevic's performance sending quivers down spines at the US State Department and European foreign ministries as he threatened to call world leaders to the stand, highlight contradictions in the West's Balkans policy as well as civilian deaths caused by its actions, and plot the judicial free-for-all Western governments most fear. Bush Administration officials, appearing before the House Foreign Relations Committee on February 28, criticized delay and mismanagement at the tribunal and called for curtailing some investigations. The comments were delivered by Pierre-Richard Prosper, ambassador at large for war crimes issues, in the very hours when NATO forces were attempting, and failing, to arrest former Bosnian Serb leader Radovan Karadzic in Bosnia. (The Administration sees the arrest of Karadzic as key to its exit strategy for the Balkans and as a prerequisite for closure of the Hague tribunal on the former Yugoslavia by 2008.) Wire reports spoke of "abandoning" the UN system of tribunals and gave the impression that Prosper's view of international tribunals was not far from that of Milosevic himself. Indeed, Washington has been adamant in its rejection of the permanent International Criminal Court, and its position on prisoners from Afghanistan has raised concern in Europe over its commitment to international humanitarian law. Prosper subsequently traveled to The Hague to make more emollient, if less publicized, remarks. Whether the episode was purposefully contradictory, or a storm brewed by selective reporting, a message had been sent.

But for Milosevic, none of this matters. Playing to the media, cross-examining witnesses on tangential issues, making accusations against others (Washington, Sarajevo, Saudi Arabia) instead of addressing charges in the indictment, indeed rejecting the authority of the tribunal (while fully participating)--these are all classic defense strategies. They may influence some opinion in Belgrade and even internationally, but the only relevant audience in the tribunal's hybrid legal system is the panel of three judges who will examine the evidence against him.

Milosevic himself, in court, has several times confirmed a clear chain of military command within the Yugoslav forces. In the coming months, the prosecution can be expected to present senior witnesses from the Belgrade establishment who should go further to confirm a direct conspiracy from the top to commit crimes in Kosovo, particularly mass deportation. The Croatian and Bosnian cases are far more complex, taking place outside the territory over which Milosevic was the chief authority. But the prosecution has laid out detailed diagrams of control in what it calls a joint criminal enterprise, and by all accounts the legal teams on these cases are stronger. The record of Milosevic's responsibility for the wars in the Balkans over the past decade will be aired.

It nonetheless remains a concern that critics, both pro-Milosevic and anti-international law, will exploit the impossibility of anyone but those obsessively following the whole case (available live online at www.domovina.net) to make highly selective critiques. In doing so, they may raise their own profiles but will impede the justice and reconciliation in the region that is the underlying goal of the war crimes tribunal.

The news that the Pentagon had secret contingency plans to fight terrorism with nuclear weapons has the marks not of considered military doctrine but rather of an infantile tantrum born of the Bu

Let's start with Baruch Kimmerling, a sociologist at Hebrew University. Here's what he published in the Jerusalem weekly Kol Ha'Ir last month: "I accuse Ariel Sharon of creating a process in which he will not only intensify the reciprocal bloodshed, but is liable to instigate a regional war and partial or nearly complete ethnic cleansing of the Arabs in the 'Land of Israel.'

"I accuse every Labor Party minister in this government of cooperating for implementation [of] the right wing's extremist, fascist 'vision' for Israel.

"I accuse the Palestinian leadership, and primarily Yasir Arafat, of shortsightedness so extreme that it has become a collaborator in Sharon's plans. If there is a second Naqba (Palestinian Holocaust), this leadership, too, will be among the causes.

"I accuse the military leadership, spurred by the national leadership, of inciting public opinion, under a cloak of supposed military professionalism, against the Palestinians. Never before in Israel have so many generals in uniform, former generals, and past members of the military intelligence, sometimes disguised as 'academics,' taken part in public brainwashing....

"I accuse the administrators of Israel's electronic media of giving various military spokespeople the access needed for an aggressive, bellicose, almost complete takeover of the public discourse....

"I accuse everyone who sees and knows all of this of doing nothing to prevent the emerging catastrophe. Sabra and Shatila events were nothing compared to what has happened and what is going to happen to us. We have to go out not only to the town squares, but also to the checkpoints. We have to speak to the soldiers in the tanks and the troop carriers....

"And I accuse myself of knowing all of this, yet crying little and keeping quiet too often."

From the press here we learn all the time of the pressure of public opinion on Sharon and his government to bear down even harder on the Palestinians. I just listened to NPR's Linda Gradstein quoting one "expert" after another in Israel to this effect. But if public opinion here is crucial in pressuring US administrations to some measure of constructive intervention (as opposed to carte blanche for Sharon and his band of criminals), then we should be hearing every day of the passionate opposition to Sharon of people like Kimmerling.

There are many others you don't read about here. Take the courageous people in the Ta'ayush movement. On their website (taayush.tripod.com/taayush.html) you'll see the words "Arab-Jewish Partnership," and then you'll be able to scroll through one action after another in which they have braved police and army beatings, marching to beleaguered and often bulldozed Palestinian villages to stand shoulder to shoulder with the victims. Here's what Professor Neve Gordon of Ben-Gurion University wrote March 6 to Roane Carey, my editor at The Nation: "As to the situation here, it is getting unbearable by the day. We tried to dismantle a roadblock the other day near Hebrew U and were beaten by the police. Three women had their hands broken, one had her head opened. I was beaten while in custody with my hands handcuffed behind my back. Sharon bombed Gaza this morning...."

Plenty of people in Israel see well enough that repression will not work. In December Ami Ayalon, a former head of Shabak, Israel's security service, told Le Monde, "We say the Palestinians behave like 'madmen,' but it is not madness but a bottomless despair.... Yasir Arafat neither prepared nor triggered the intifada. The explosion was spontaneous, against Israel, as all hope for the end of occupation disappeared, and against the Palestinian Authority, its corruption, its impotence.

"I favor unconditional withdrawal from the territories-- preferably in the context of an agreement, but not necessarily: What needs to be done, urgently, is to withdraw from the territories. And a true withdrawal.... If [the Palestinians] proclaim their own state, Israel should be the first to recognize it and to propose state to state negotiations, without conditions." There have been public statements from other Israeli security personnel bearing on the same theme--that the present strategy of extreme repression is doomed to fail and that some form of phased withdrawal is in order.

Is there anything to the Saudi proposal? After all, its suggested bargain--recognition of Israel from the Arab countries in return for Israeli withdrawal to the pre-1967 borders--is over thirty years old. Israeli journalist Meron Benvenisti had the right angle in his February 28 Ha'aretz column: "No illusion is more dangerous than the idea being sold that 'the conflict with the Palestinians is small and incidental. We can solve the conflict with the entire Arab world.' It was long ago proven that there is no solution to the Israeli-Arab conflict without a solution to the conflict with the Palestinians--and that is what the Saudi initiative is all about."

The Bush Administration, criminally negligent in its cowardice to engage with this crisis, says the Saudi idea has merit, by which it indicates well enough the standard operating procedure for such proposals. As summed up by Uri Avnery, head of Israel's Gush Shalom (Peace Bloc): "In Israel, every international initiative designed to put an end to the conflict passes through three stages: (a) denial, (b) misrepresentation, (c) liquidation. That's how the Sharon-Peres government will deal with this one, too."

The press here has for decades been as culpable as the government. No administration will ever exert itself positively without popular pressure, and the role of the media has been to avert such pressure by suppressing opposition voices. Here's one thing you can do: Jewish Voices Against the Occupation is running an ad campaign calling for the evacuation of all settlements, return to pre-1967 borders, suspension of US military aid till the end of the occupation and the establishment of an international peacekeeping force. JVAO's Bluma Goldstein tells me 450 have signed it so far and $30,000 has been raised toward the necessary $37,750. JVAO is at PO Box 11606, Berkeley, CA 94712, and www.jvao.org. Remember Kimmerling's line, "And I accuse myself of knowing all of this, yet crying little and keeping quiet too often."

The targeting of "terrorist" groups harks back to earlier repression of dissent.

It's been six months since nineteen fanatics controlled by Al Qaeda seized four airliners and wreaked bloody, fiery havoc on the United States. In the aftermath, stunned and angry Americans gave the Bush Administration their full-throated support for a war against the perpetrators of the atrocities and those who directed, financed or harbored them. Now, at the half-year mark, Bush's approval rating for this war still hovers above 80 percent, but hairline cracks are appearing in the consensus.

As John Nichols reports in this issue, Representative Dennis Kucinich's recent speech criticizing Bush's war went where no Democrat had gone before. His message--that Americans had not enlisted for the wider military effort the Administration is now undertaking or for the curtailment of civil liberties at home--evidently struck a nerve. Meanwhile, on Capitol Hill, Senator Robert Byrd lectured Deputy Secretary of Defense Paul Wolfowitz that there would be no more blank checks for the Pentagon, while Senate majority leader Tom Daschle mildly reproached the Administration by asking whatever happened to Osama bin Laden and Muhammad Omar.

Daschle's cautious criticism struck a Republican nerve. Senate minority leader Trent Lott blasted Daschle for trying to "divide the country." But the ancient dodge of hiding behind what Senator John Kerry in a recent speech called the "false cloak of patriotism" may not work this time around. Polls show that a majority of respondents don't want Bush to expand the war beyond Afghanistan unless there is hard evidence that the nation targeted is harboring terrorists. The renewal of fighting in Afghanistan with US troops heavily engaged is a reminder that there is an unfinished job in Afghanistan, not only mopping up Taliban and Al Qaeda remnants but helping the central government extend its writ outside Kabul. This is no time to embark on a global crusade against nebulous "evil."

The casualties US forces have been taking in the new fighting will mute the criticism, but Democrats, who had unwisely pledged to allow "no daylight" between them and Bush on the war, seem to be positioning themselves to begin asking some impolite questions. These are long overdue. The Administration has recently been committing US troops to a series of problematic missions, none of them more than distantly related to the original war on Al Qaeda authorized by Congress. In the strategically important Philippines, US "trainers" are in country aiding the hunt for a band of kidnappers; in Georgia US instructors will be at risk of becoming caught up in a civil war. There is high-level talk about committing US combat troops to Colombia's civil war, cynically transforming counternarcotics into counterterrorism. And then there is Iraq, glittering prize for a politically potent alliance of Pentagon hawks and Beltway conservatives.

Now that Democrats in Congress have regained their lost voice, they should use it more--asking tough questions, grilling officials about the new commitments, about exit and entrance strategies (i.e., what objectives are these troops being sent to achieve?). One might think Congress would be in a feisty mood these days after the way this Administration has ignored it--not even telling it about those secret bunkers where senior officials will ride out a terrorist strike. Apparently, the White House thinks Congress is expendable. It's certainly conducting the war as if it does.

ETA is losing legitimacy, but many Basques still feel unable to condemn it.

Dennis Kucinich never doubted that millions of Americans had deep concerns about George W. Bush's ever-expanding war on ill-defined foes abroad and on civil liberties at home. But the Congressional Progressive Caucus chair admits he underestimated the depth of the discomfort until February 17, when he delivered a speech to the Southern California Americans for Democratic Action, in which he declared, "Let us pray that our country will stop this war."

Recalling the Congressional vote authorizing the President's response to the September 11 terrorist attacks--a resolution supported by Kucinich and all but one member of Congress, California Democrat Barbara Lee--the Ohioan thundered, "We did not authorize an eye for an eye. Nor did we ask that the blood of innocent people, who perished on September 11, be avenged with the blood of innocent villagers in Afghanistan. We did not authorize the Administration to wage war anytime, anywhere, anyhow it pleases. We did not authorize war without end. We did not authorize a permanent war economy. Yet we are upon the threshold of a permanent war economy."

Kucinich's "Prayer for America" speech was interrupted by repeated standing ovations. But the real measure of the message's resonance came as the text of the speech circulated on the Internet--where a genuine worldwide web of opposition to the Administration's actions led to the posting of Kucinich's words on websites (including www.thenation.com) and dispatched them via e-mail. Within days, Kucinich received 10,000-plus e-mails. Many echoed New Jerseyan Thomas Minet's sentiments: "Since the 'Axis of Evil' State of the Union Address, I have been searching like Diogenes with his lantern for one honest person in Congress who would have the guts to speak out about the attack on Democracy being mounted by the Bush Administration. It has been a frustrating search indeed, and I was just about ready to give up hope when I ran across 'A Prayer for America.' Thank God for this man's courage." Others simply read, "Kucinich for President."

For Kucinich, a former Cleveland mayor who led Democratic opposition to the US bombing of Yugoslavia and proposed establishing a Cabinet-level Department of Peace, speaking out against military adventuring is not new. But he says he's never experienced so immediate and enthusiastic a response. "We can't print out the messages as fast as we are receiving them," he says. "But I've read through a lot of them now, and they touch on the same themes: The Administration's actions are no longer appropriate, and it is time for Congress to start asking questions. The people understand something most of Congress does not: There is nothing unpatriotic about challenging this Administration's policies."

Kucinich was not the first Congressmember to express concern about Bush's plans. Lee cast her cautionary vote in September. In October, responding to reports of civilian casualties in Afghanistan, Representative Jim McDermott criticized the speed with which the Administration had taken military action and the failure of the White House to adequately consult Congress. In December, Kucinich, McDermott and Lee joined five other House Democrats in signing a letter to Bush, written by Representative Tammy Baldwin, which noted, "We are concerned by those in your Administration and among our own ranks in the Congress who appear to be making the case for broad expansion of this military campaign beyond Afghanistan. Without presenting clear and compelling evidence that other nations were involved in the September 11 attacks, it is inappropriate to expand the conflict." Another letter, by Representative Peter DeFazio, called on the White House to comply with the War Powers Resolution before expanding the war. In February Senator Robert Byrd said that Congress should no longer hand the President a "blank check." Senate majority leader Tom Daschle suggested the war "will have failed" without the capture of Osama bin Laden--a statement rebuked by Republicans, who want no measure of success or failure applied to this war.

But Kucinich's speech was a clarion call. "For most people, Kucinich's speech represents the clearest Congressional criticism they have heard about the conduct of the war, and of the Administration's plans to expand it. That's enormously significant," said Midge Miller, who helped launch Senator Eugene McCarthy's antiwar challenge to President Lyndon Johnson in 1967. "Citizens look for Congressional opposition to organize around--they look for leaders to say something. When I read Kucinich's speech, I thought, This could be a turning point."

It has certainly been a turning point for Kucinich. Overwhelmed by invitations to speak, he says his top priority will be to work with Baldwin and others to encourage a broader Congressional debate over international priorities, Pentagon spending and the stifling of dissent. Expect battles in the House Democratic Caucus, where minority leader Dick Gephardt has been more cautious than Daschle about criticizing Bush. But Kucinich thinks more Democrats will begin to echo Senator Byrd's challenge to blank-check military spending in a time of tight budgets. Kucinich plans to encourage grassroots activists to tell members of Congress it is not merely necessary but politically safe to challenge "the Patriot Games, the Mind Games, the War Games of an unelected President and his unelected Vice President."

Kucinich, whose working-class district elected a conservative Republican before him, is confident Democrats from even the most competitive districts can safely join him in questioning the war. "The key," he says, "is to recognize that there is a great deal of unity in America around some basic values: peace and security, protection of the planet, a good quality of life for themselves and for others. When people express their patriotism, they are not saying--as some would suggest--that they no longer believe in these things. There's nothing unpatriotic about asserting human values and defending democratic principles. A lot of Americans are telling me this is the highest form of patriotism."

From Afghan farms into the Tajik mountains, the drug trade cuts a wide swath.

The OSI's intent to disinform
Received responses that were less than warm.
The Pentagon now says it doesn't need
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