News and Features
International law offers too little protection for prisoners of the new war.
George W. Bush went out of his way to praise America's allies in his speech marking the six-month anniversary of the attacks on the World Trade Center and the Pentagon. In a clear effort to massage the sensibilities of nations worried about escalating US unilateralism, he spoke of "the power and vitality of our coalition" against Al Qaeda and singled out for praise nations from Denmark to Uzbekistan.
But the international concerns about US intentions persist, and with good reason. Before Bush made his speech stroking the Afghanistan allies, from the Pentagon leaked previously confidential portions of the Nuclear Posture Review, calling for more flexible nuclear weapons, arguing for a resumption of weapons testing and exploring "contingencies" that could require nuclear attack on Russia, China, North Korea, Libya, Syria, Iraq or Iran.
Arguments for the tactical use of nuclear weapons are not new. But the endorsement of that strategy at the highest levels of the Administration marks a dramatic departure, a direct threat of first-use nuclear strikes against nonnuclear states. The review envisions nuclear weapons not as unthinkable engines of holocaust--their very use a crime against humanity--but as the next logical battlefield step from bunker-busters and daisy-cutters. Yet there is no such thing as a logical use of a nuclear weapon. On page 7 Jonathan Schell writes that just as New York was dealing with a false nuclear bomb scare, the "government was moving to relegitimize the use of nuclear weapons in general and throwing down the nuclear gauntlet to the Middle East in particular--the very part of the world from which New York and Washington and other cities most fear attack."
This unprecedented waving of the nuclear stick against nonnuclear foes (unprecedented, anyway, since Richard Nixon threatened to drop the bomb on Hanoi and was dissuaded by Henry Kissinger, a moment captured on newly released tapes) is even more worrisome because despite Bush's reassuring language, his speech outlined the "second stage" of the war on terrorism. This phase envisions a significant shift from the international police action aimed primarily at Al Qaeda. Bush, who has already dispatched advisers to Georgia, Yemen and the Philippines, said the United States "encourages and expects governments everywhere to help remove the terrorist parasites that threaten their own countries and the peace of the world" and offered troops and assistance. The suggestion to coalition partners: Support future American action against Iraq, and we'll actively support you against whatever militants harbor, in Bush's words, "differences and grievances" with your government. He also raised the possibility of pre-emptive strikes against nations deemed to be developing weapons of mass destruction--now, presumably, with nuclear weapons.
Rather than legitimizing nuclear warfare, the United States should be leading a global campaign to shun nuclear weapons as genocidal and promoting effective international agreements to halt nuclear proliferation and the development of other weapons of mass destruction.
Bush's speech stakes out a massive expansion of American military options. Where the nuclear policy review and the war on terror come together is an expanding pursuit of American military and political supremacy as an end in itself.
Targeted by authorities, immigrants are organizing to defend their rights.
The church bells were pealing for Princess Margaret Rose (as she was known when she was a pretty and vivacious child) as I arrived on a bright, cold Sunday morning. Breaking with the habit of a lifetime, I decided to attend divine service at one of the more upscale Anglican churches, and see if I could test the temperature of the nation. The pews were almost empty as the choir struck up the opening hymn, and the prayers for the departed one--which augmented the Church of England's mandatory weekly prayer for the Royal Family--were muttered only by a few of the sparse and elderly congregation.
When it comes to the events of September 11, everyone is an expert and no one is.
The offspring of the Manhattan Project are circling back toward Manhattan.
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.