News and Features
President Hosni Mubarak is quite happy that the United States has decided to try civilian terrorist suspects in military courts. For ten years, Egypt has been taking fire from the West for court-martialing civilians; the new US policy, plus Britain's enactment on December 14 of a package of antiterrorism legislation that includes the right to hold suspects indefinitely, vindicates him. The US and British measures "prove that we were right from the beginning in using all means, including military trials, [in response to] these great crimes that threaten the security of society," Mubarak told the state-owned Al Gomhuriya newspaper in a December 16 interview. "There is no doubt that the events of September 11 created a new concept of democracy that differs from the concept that Western states defended before these events, especially in regard to the freedom of the individual."
In 1992 Mubarak, his regime under attack from a radical Islamist insurgency, authorized the referral of civilians to military courts on the grounds that such courts dispensed swift justice. Since 1997 there has been virtually no reported militant Islamist activity inside Egypt, but the trials are still going strong. In late November eighty-seven members of the alleged terrorist group Al Wa'ad ("The Promise") went on trial at the desert barracks of Haikstep east of Cairo, with another seven tried in absentia.
Despite the potentially grim outcome of the case--as leaders of a conspiracy that allegedly planned to assassinate Mubarak, some of the defendants could be sentenced to death--on some days there's almost a carnival atmosphere in the courtroom. The prosecution drew snickers from the audience when it tried to enter into evidence the group's arsenal, consisting of a baseball bat and an air rifle. Even the judge couldn't help but wisecrack as a state security officer, citing "secret sources who can be trusted" but could not be named, outlined how the defendants were attempting to overthrow the regime by assassinating, in addition to President Mubarak, a movie director who specializes in producing the closest that Egypt's censor will allow to skin flicks.
When the Al Wa'ad suspects were originally rounded up in May 2001, the papers reported that they had been sending money to Palestine and Chechnya. But after September 11, the defense says, the government wanted to show the United States that it was an active participant in the war on terror, so it added assassination charges and downgraded fundraising charges. So far the prosecution case is mostly confessions delivered to state security officers, which the defendants claim were extracted under torture.
Compared with Egypt's civilian courts, the standards of evidence in military courts are a bit looser. Procedurally, however, the two are much the same. The big difference is the outcome. Military trials are "like a movie," says defense lawyer Negad Al Borei. "They look like reality, but you know what will happen from the beginning."
According to the US State Department's 2000 report on human rights in Egypt, "the use of military courts to try civilians continued to infringe on a defendant's right to a fair trial before an independent judiciary.... While military judges are lawyers, they are also military officers appointed by the Minister of Defense and subject to military discipline. They are neither as independent nor as qualified as civilian judges in applying the civilian Penal Code." It will be interesting to see what the State Department says next year, now that military trials for civilians have become US policy.
Critical human rights reports, of course, never stopped the United States from considering Egypt its "strategic partner" in the war on terror, as State Department spokesman Richard Boucher said in November. Nor, according to reports in both the Arab and US press, did such reports discourage the CIA from assisting in the extradition of alleged jihad activist Ahmed Naggar from Albania to Egypt, where a military court tried and convicted him in 1999. He was hanged early the next year.
Nor have they deterred the tribunals from processing alleged Islamists at a fairly brisk rate: The Egyptian Organization for Human Rights counted a total of thirty-two trials involving 1,001 defendants in 1999, of whom 625 were sentenced to prison and ninety-four sentenced to execution (only sixty-seven were actually executed). Mubarak declared that military courts "would only be used to confront terrorism." In 2000, however, fifteen members of the Muslim Brotherhood, which has renounced violence since the 1970s, were given prison sentences of up to five years for "conspiring" to run for office in local and parliamentary elections.
Certainly, a few of those convicted over the past decade in Egypt's military trials were murderous fanatics. However, even when the trials deal with genuine militant groups, rights activists say, you rarely know which of the defendants are truly dangerous and which were simply picked up from the local mosque to round out the numbers.
Early in the 1990s, when bombs were exploding in Cairo and every week brought fresh reports of officers killed in the Islamist strongholds of southern Egypt, it was easy enough to figure out why the regime might resort to military trials. Perhaps they've continued after the demise of the militant movement partly because security officers want to show their utility (there have also been proceedings against a gay "conspiracy," an allegedly treasonous academic and a sacrilegious author in the past year). Perhaps they've continued because the regime just wants to keep Islamic activists on edge or feels it necessary to show that it's keeping up with the war on terror. Whatever the reason, the regime has certainly taken the West's "new concept of democracy" as a sign that it's on the right track.
It's time for the UN Security Council to impose "externally directed separation."
Nike-Zeus, Nike-X, Sentinel, Safeguard, Star Wars, X-ray lasers, spaced-based neutron particle beams, Brilliant Pebbles, Ground-Based Midcourse National Missile Defense, Midcourse Defense Segment of Missile Defense. Over the past fifty years America has poured approximately $100 billion into these various programs or efforts to shield the country against long-range ballistic missiles. Yet not one has worked. Not one. Nevertheless, except for the constraints imposed by his own "voodoo economics," President George W. Bush appears poised to pursue the development and deployment of a layered missile defense--as a hedge against more failures--that would force taxpayers to cough up as much as another $100 billion. In December Bush formally notified Russia that the United States was withdrawing from the 1972 Anti-Ballistic Missile treaty in order to "develop ways to protect our people from future terrorist or rogue state missile attacks."
Russian President Vladimir Putin labeled Bush's decision a "mistake," a mild reaction that should not disguise the fact that much of Russia's political elite is seething at the withdrawal. Already smarting from America's broken promise not to expand NATO and the US-led NATO bombing of Yugoslavia in 1999 (which violated the 1997 "Founding Act" between Russia and NATO), the coincidence of America's success in Afghanistan (obviating the need for further Russian assistance) and withdrawal from the ABM treaty is viewed as yet further evidence of American duplicity.
President Clinton diplomatically explained the Republicans' obsession with missile defense when he observed: "One of the problems they've got is, for so many of their supporters, this is a matter of theology, not evidence. Because President Reagan was once for it, they think it must be right, and they've got to do it, and I think it makes it harder for them to see some of the downsides." That's a nice way of saying that the conservative wing of the Republican Party abounds with missile-defense wackos. I've participated personally in two missile-defense conferences and was astounded by their right-wing, faith-based atmospherics.
Which is why Bradley Graham's engaging narrative of politics and technology during the Clinton years, Hit to Kill: The New Battle Over Shielding America From Missile Attack, seems destined for popular success, notwithstanding its serious conceptual limitations. Graham ably recounts the excessive exuberance of Republicans as they schemed to realize their missile-defense dreams. But he is equally critical of the Clinton Administration's attempt to actually build a missile defense: its "three-plus-three" ground-based midcourse program.
Offered in the spring of 1996, in part to undercut the Republicans, "three-plus-three" provided for three (or four) years of development, after which, if then technologically feasible and warranted by a threat, there would be deployment within another three years. In early 1998, however, a sixteen-member panel, led by retired Air Force chief of staff Larry Welch, condemned the plan as a "rush to failure."
But two overdramatized events later that year demanded even greater urgency. In July, the Commission to Assess the Ballistic Missile Threat to the United States, led by Donald Rumsfeld, asserted that America's intelligence agencies had woefully underestimated the capability of "rogue" regimes, such as those leading North Korea and Iran, to attack US territory with ballistic missiles within five years. It concluded: "The threat to the United States posed by these emerging capabilities is broader, more mature, and evolving more rapidly than has been reported in estimates and reports by the intelligence community."
When North Korea subsequently launched a three-stage Taepodong 1 missile past Japan in August 1998, many Americans put aside not only their qualms about the role Representatives Curt Weldon and Newt Gingrich had played in creating the commission, but also their suspicions about the blatantly pro-missile defense bias of most of its members. Although Graham generally portrays the commission's deliberations as unbiased, he does provide evidence that some of its briefers were not.
For example, one intelligence official betrayed visible irritation during his briefing of commission members, prompting General Welch to ask, "You're not happy to be here, are you?" The official replied, "No, I'm not. I'm ticked off that I have to come down and brief a bunch of wacko missile-defense advocates." His outburst infuriated Rumsfeld, who "stalked" out of the room.
Nevertheless, Rumsfeld's report and the launch of North Korea's missile frightened Americans and galvanized Republicans. Graham's investigative reporting gets inside the subsequent political war waged against a Clinton Administration that, itself, was slowly awakening to the possibility of a more imminent ballistic missile threat.
Graham brings an open mind to the hotly disputed technological merits of missile defense. Nevertheless, he cannot avoid the conclusion that George W. Bush's decision to expand missile defense beyond Clinton's ground-based midcourse program constitutes an acknowledgment that, after fifty years, "military contractors had yet to figure out how best to mount a national missile defense."
In theory, a ballistic missile can be intercepted during its comparatively slow, if brief, "boost phase," before its "payload"--warheads, decoys and debris--is released. Speed is of the essence during the boost phase. So is proximity to the target. According to Philip Coyle, former director of the Pentagon's Office of Operational Test and Evaluation, "The process of detection and classification of enemy missiles must begin within seconds, and intercept must occur within only a few minutes. In some scenarios, the reaction time to intercept can be less than 120 seconds."
Compounding concerns about boost-phase intercepts are questions about the ability of an interceptor to distinguish quickly between a missile's flame and the missile itself. Finally, boost-phase missile-defense platforms would invite pre-emptive attacks against those platforms by any state bold (and foolish) enough to launch ballistic missiles.
The "terminal phase" of ballistic missile flight is the final minute or two when the payload re-enters the atmosphere. Detection of the warhead is comparatively simple, but designing a missile fast enough to catch it and hit it--given the problems associated with sensor degradation in intense heat--is extremely difficult. Countermeasures, such as maneuvering capability or precursor explosions, would further complicate defensive efforts. Finally a terminal-phase missile defense can, by definition, protect only a limited area, perhaps one city. Thus, many such systems would be required.
The "midcourse phase" of ballistic missile flight is the period during which the payload is dispersed in space. It remains there more than 80 percent of the missile's total flight time. The Clinton Administration's ground-based midcourse program (continued by the Bush Administration) is designed to strike the warhead in space with a high-speed, maneuverable kill vehicle--thus Graham's title: Hit to Kill.
Easily the most developed of all programs, as recently as December 3, 2001, the midcourse program demonstrated the awesome technological feat of destroying a warhead hurtling through space--hitting a bullet with a bullet. Yet such a feat constitutes but the commencement of an arduous technological journey, not its endpoint.
As a "Working Paper" issued recently under the auspices of the Union of Concerned Scientists noted, America's ground-based midcourse program has not been subjected to real-world tests. Five hit-to-kill tests have resulted in three hits. But each test: (1) used identical test geometrics (the location of launches, trajectories of target and interceptor missiles); (2) released the same objects (payload bus, warhead and decoy); (3) occurred at the same time of day; (4) made the lone decoy obviously and consistently different from the warhead; (5) told the defense system what to look for in advance; (6) attempted intercept at an unrealistically low closing speed; (7) kept the target cluster sufficiently compact to aid the kill vehicle's field of view; and (8) provided the kill vehicle with unduly accurate artificial tracking data.
Any ground-based midcourse missile defense system has to contend with virtually insurmountable countermeasures, especially the decoys that, in space, are quite indistinguishable from the warheads. Yet the three successful hits did not have to contend with even the countermeasures that a missile from a "rogue" regime would probably employ.
A National Intelligence Estimate in 1999 determined that "countermeasures would be available to emerging missile states." In April 2000 a "Countermeasures" study group from the Union of Concerned Scientists and the MIT Security Studies Program concluded: "Even the full [National Missile Defense] system would not be effective against an attacker using countermeasures, and an attacker could deploy such countermeasures before even the first phase of the NMD system was operational." Consequently, "it makes no sense to begin deployment."
Craig Eisendrath, Melvin Goodman and Gerald Marsh (Eisendrath and Goodman are senior fellows with the Center for International Policy in Washington; Marsh is a physicist at Argonne National Laboratory) state the problem even more starkly in their recent book The Phantom Defense: America's Pursuit of the Star Wars Illusion: "This is the bottom line: the problem isn't technology, it's physics. Decoys and warheads can always be made to emit almost identical signals in the visible, infrared, and radar bands; their signatures can be made virtually the same."
If such information troubles Defense Department officials responsible for missile defense, they seldom admit it publicly. However, they're not nearly as irresponsible as the political and "scholarly" cheerleaders who remain unmoved by a half-century of failure and the physics of countermeasures. I encountered one of them last June at a missile defense conference in King of Prussia, Pennsylvania.
Representative Weldon delivered the conference's keynote address to more than 220 participants from the Defense Department, the military industry, think tanks, various universities and the press. Weldon is the author of HR 4, legislation that made it "the policy of the United States to deploy a national missile defense." (Senator Carl Levin was able to add amendments to the Senate bill on missile defense that made the program dependent upon the annual budget process and tied it to retention of the ABM treaty; Weldon referred to the amendments as cowardice. Nevertheless, they remained in the Missile Defense Act that President Clinton signed on July 22, 1999.)
Weldon told the audience that the United States requires a missile-defense system to protect its citizens from an intentional missile attack by a "rogue" regime presumably undeterred by the prospect of an overwhelming American nuclear retaliation. He even displayed an accelerometer and a gyroscope, Russian missile components allegedly bound for a "rogue." He then displayed an enlarged, poster-size photograph of Russia's SS-25 ICBM. Russia possesses more than 400 such missiles, he asserted, and any one of them might be launched accidentally against the United States, given Russia's deteriorating command and control capabilities.
It was a "no-brainer." Both threats demanded that America build a national missile defense system, capable of intercepting such missiles, as soon as possible.
However, when I asked Congressman Weldon to shift from the SS-25 and contemplate whether his modest missile-defense system could prevent the penetration of an accidentally launched TOPOL-M ICBM from Russia, he responded, "I don't know. That's a question you should ask General Kadish during tomorrow's session." Extending the reasoning, I asked Weldon whether his modest missile-defense system could shield America against a missile, launched by a rogue regime, that was capable of TOPOL-M countermeasures. Weldon again answered that he did not know. But rather than let such doubts linger at a conference designed to celebrate missile defense, Kurt Strauss, director of naval and missile defense systems at Raytheon, rose to deny that Russia possessed such countermeasures.
Presumably, Strauss was unaware of the work of Nikolai Sokov, a former Soviet arms control adviser and author of Russian Strategic Modernization: Past and Future. Sokov claims that the TOPOL-M features a booster intended to reduce the duration and altitude of the boost phase, numerous decoys and penetration aids, a hardened warhead and a "side anti-missile maneuver."
Strauss's uninformed denial hints at a much bigger problem, however: the prevalence of advertising over objectivity in a society where the commercialization of war and the cult of technology have reached historic proportions. In The Pursuit of Power historian William McNeill traces the commercialization of war back to mercenary armies in fourteenth-century Italy, pointing out the "remarkable merger of market and military behavior." And Victor Davis Hanson, in Carnage and Culture, sees much the same reason behind the decimation of the Turkish fleet, some two centuries later, by the Christian fleet at Lepanto--"there was nothing in Asia like the European marketplace of ideas devoted to the pursuit of ever more deadly weapons." McNeill concludes that "the arms race that continues to strain world balances...descends directly from the intense interaction in matters military that European states and private entrepreneurs inaugurated during the fourteenth century."
Post-cold war America, virtually alone, luxuriates in this dubious tradition. Yet it was no less than Dwight Eisenhower who warned America in his farewell address: "This conjunction of an immense military establishment and a large arms industry is new in the American experience. The total influence--economic, political, even spiritual--is felt in every city, every Statehouse, every office of the federal government."
Who could have been surprised, then, when Matthew Evangelista conclusively demonstrated, in Innovation and the Arms Race (1988), that commercial opportunities within America's military-industrial complex, much more than any Soviet threat, propelled innovation--and, thus, most of the arms race with the Soviet Union. A year later, the highly respected defense analyst Jacques Gansler identified the uniquely American "technological imperative" of commercialized warfare: "Because we can have it, we must have it." Such impulses caused the United States to run profligate arms races with itself both during and after the cold war. They also explain America's post-cold war adherence to cold war levels of military expenditures and, in part, our missile-defense obsession today.
This technological imperative had its origins in America's "exceptional" historical experience, which it continues to serve. Indeed, so the argument goes, Why should a country on a mission from God sully itself with arms control agreements and other compromises with lesser nations, when its technological prowess will provide its people with the invulnerability necessary for the unimpeded, unilateral fulfillment of their historic destiny?
Such technological utopianism, however, has its costs. In their book The Dynamics of Military Revolution, 1300-2050, MacGregor Knox and Williamson Murray demonstrate the very secondary role that technology has played in past military revolutions. They conclude: "The past thus suggests that pure technological developments without the direction provided by a clear strategic context can easily lead in dangerous directions: either toward ignoring potential enemy responses, or--even more dangerously--into the dead end, graphically illustrated by the floundering of U.S. forces in Vietnam, of a technological sophistication irrelevant to the war actually being fought." (In Hit to Kill, Graham has little to say about military strategy or the commercialization of warfare.)
In hawking a missile defense shield, Representative Weldon traveled in the first dangerous direction when he assured the defense conferees that although Congress was not ignoring the threat posed by terrorists with truck bombs, "when Saddam Hussein chose to destroy American lives, he did not pick a truck bomb. He did not pick a chemical agent. He picked a SCUD missile.... The weapon of choice is the missile."
Unfortunately, on September 11, America learned that it is not.
Potentially worse, however, is the Reaganesque theology propelling the Bush Administration's decision to withdraw from the 1972 Anti-Ballistic Missile treaty. Putting aside the question of whether withdrawal requires formal Congressional approval and other questions of international relations, one must ask why any administration would destroy the cornerstone of strategic stability. The ban on national missile defenses not only prevents a defensive arms race but also obviates the need to build more offensive missiles to overload the enemy's. Why would a country withdraw from the ABM treaty without knowing whether its own missile-defense system will even work, and before conducting all the tests permitted by the treaty that would provide greater confidence in the system's ultimate success?
Readers of Keith Payne's recent book The Fallacies of Cold War Deterrence and a New Direction, might guess the probable answer. Payne, chosen by the Bush Administration to help shape the Defense Department's recently completed but still classified Nuclear Posture Review, writes about a new, post-cold war "effective deterrence," to which even an imperfect missile-defense system might contribute: "In the Cold War, the West held out the threat of nuclear escalation if the Soviet Union projected force into NATO Europe; in the post-Cold War period it will be regional aggressors threatening Washington with nuclear escalation in the event the United States needs to project force into their regional neighborhoods.... In short, Washington will want effective deterrence in regional crises where the challenger is able to threaten WMD [weapons of mass destruction] escalation and it is more willing to accept risk and cost."
The real concern, then, is less about protecting America from sneak attacks by rogue states ruled by madmen, and more about preserving our unilateral options to intervene throughout much of the world. Thus, President Bush's speech at The Citadel in December was disingenuous. His rhetorical question asking what if the terrorists had been able to strike with a ballistic missile was primarily an attempt to steamroller frightened Americans into supporting missile defense. The speech simply seized upon the wartime danger to compel a military transformation that has been debated for almost a decade and resisted by the services and the military industry since the beginning of Defense Secretary Rumsfeld's tenure.
Lest we forget, China hasn't disappeared either. Its muted criticism of America's withdrawal from the ABM treaty was accompanied by a call for talks to achieve "a solution that safeguards the global strategic balance and doesn't harm international efforts at arms control and disarmament." Failing such talks, China may feel compelled to increase its offensive arsenal to insure penetration of an American missile defense, which could provoke India, and consequently Pakistan--perhaps rekindling tensions that have already brought them to the brink of war.
Russia, for its part, believes it has little to fear from America's current missile-defense programs but is awaiting the inevitable: the moment when the technological utopians push America to expand its modest system into a full-blown shield. How will Russia respond then?
To court such reactions by withdrawing from the ABM treaty before even testing against decoys is pure strategic illiteracy--which only a Reaganesque theology (founded on exceptionalism, commercialized militarism, technological utopianism and righteous unilateralism) shrouded by the "fog of war" might explain.
On terrorism and the new democratic realism.
The violent popular uprising in Argentina and abrupt collapse of its government should be understood as a warning bell, reminding the governing elites how unstable--and unjust--their system of globalization remains. Unfortunately, the Washington establishment prefers instead to dwell on its global war against terrorism. The Bush Administration's battlefield successes in that war, its diplomatic victories in the new trade round launched at Qatar and the House's narrow approval of fast-track negotiating authority for the President seemed to confirm America's self-image as benevolent steward of the world.
When Argentina exploded, it should have blown away the smugness, but instead we witness once again the supple forgetfulness that allows the globalist architects of the IMF and their cheerleaders to skip past obvious contradictions in their ideology. Argentina, one has to recall, was toasted not very long ago as the best case for "responsible leadership" in the developing world. Its regime included the requisite "Harvard-trained economist" as finance minister, who advanced the same austere measures that Washington demanded from the sinking Argentine economy: Squeeze the populace as harshly as necessary until capital accounts are balanced so foreign creditors may feel protected from devaluation or default (they are now likely to experience both).
The Argentines endured quite a lot--four years of recession, unemployment approaching 20 percent, shrinking incomes and public spending--until they swarmed screaming into the streets, looting supermarkets and battling police, with many casualties. Now, Eduardo Duhalde, Argentina's fifth president in two weeks, has lashed out, blaming US-backed free-market policies adopted in the 1990s for the country's collapse. "Argentina is bankrupt. Argentina is destroyed. This model destroyed everything," Duhalde said in his inaugural speech.
The central fallacy exposed by the ruination of Argentina-- and the many previous cases like Russia and Mexico--is the presumption that poor nations should accept the global system's commanding dictates, occasionally including massive suffering in the name of financial order, and in return the system will make them rich (or at least less poor). In Argentina's case, the straitjacket was sincerely accepted in the most extreme terms: Its currency was rigidly bound to the value of the American dollar. This commitment was widely praised by US economic thinkers, and it did stimulate US banks and investors to lend more generously. But it encouraged foreign lending to swell to impossible dimensions--$132 billion in Argentina's case--followed by the inevitable economic deterioration as the dollar soared and Argentine exports ceased to be competitive. The IMF prescribed its usual austerity remedy while lending billions more to cover the debt obligations--thus giving more time for the foreign debtors to be repaid before the inevitable default.
The story of Argentina is baffling, and deeply infuriating, because it is so familiar. Yet sensible reforms, like capital controls on the creditors and alternative economic strategies for developing nations, remain topics for learned papers and polite conferences, not for real action. There is an obvious explanation: IMF policy may ruin many borrowers, but it serves the creditors, who are able to evade the full consequences of their folly. Perhaps if many more nations follow Argentina down the road of debt default, the creditors will also see something wrong with the system and demand change.
One country that has escaped the current scrutiny of US backing for Arab dictatorships is Morocco, in part because its human rights situation has improved over the past decade. But for most of the late King Hassan II's thirty-eight-year rule, the United States and France provided financial and diplomatic support to this moderate on Arab-Israeli issues, while his henchmen tortured and secretly jailed thousands of domestic critics. Hundreds were disappeared. Now, the revelations of a retired secret policeman living in Casablanca have raised new questions about Washington's role in the repression.
Since the death of Hassan in 1999 and the ascent of his son, Mohammed VI, to the throne, Morocco has enjoyed a somewhat freer atmosphere. Human rights activists, victims' groups and the media are exposing the grim past and debating what mix of truth-telling, reparations and punishment will both deliver justice to the victims and help consolidate the democratization process. Mohammed apparently does not want trials of torturers or the sort of truth-telling that could delegitimize the monarchy and roil the security forces. But he has distanced himself from his father's worst excesses by acknowledging the state's role in past abuses and compensating some victims. His gestures, unprecedented in the Arab world, have helped to brighten the government's image at a time when it has made little headway in combating poverty and unemployment.
The state's script for turning the page on the past has nevertheless been disrupted by Ahmed Boukhari, the first police agent to talk about the dirty war against dissidents during the 1960s and '70s.
Among Boukhari's revelations was the presence of three men he describes as CIA operatives who worked daily in the Rabat headquarters of the secret police from 1960 until 1967. Boukhari says these men helped to build the young agency. "They went through the résumés and picked the men to hire," he told me in a recent interview. "Then they taught them how to conduct surveillance of dissidents."
Boukhari's most sensational disclosure, if confirmed, would solve a nagging political mystery: the fate of the socialist opposition leader Mehdi Ben Barka after he was picked up by French police in Paris in 1965 and never seen again. Exiled at the time, Ben Barka was a charismatic and rising star in the progressive Third World alliance known as the Tricontinental Conference. He is still revered by the Moroccan left.
While no one ever doubted Ben Barka's abduction to have been engineered by senior Moroccan officials with the collusion of French and Israeli agents, details of what followed remained murky. According to Boukhari, who maintained the daily logs for the police's formidable countersubversion unit, Ben Barka died the night he was kidnapped while being tortured under interrogation in a villa near Paris. His corpse was then flown secretly to Morocco, where police dissolved it in a vat of acid--a technique of disposal that Boukhari says was introduced by a CIA agent he knew as "Colonel Martin."
Martin allegedly had unfettered access to the countersubversion unit's logs and attended the agency's meetings at which the Ben Barka operation was planned. Reporting to work on the morning after the kidnapping, he would have learned that Ben Barka's body was to be spirited off to Rabat.
Although the Ben Barka affair triggered a diplomatic crisis between Morocco and France, the United States remained circumspect. Washington viewed King Hassan as a key ally in a region where Egyptian President Gamal Abdel Nasser's pan-Arab socialism enjoyed broad appeal and newly independent Algeria seemed to be drawing closer to the Soviet camp.
Two retired US diplomats stationed in Rabat at the time, political section chief William Crawford and economic officer Frederick Vreeland, denied in a recent interview any knowledge of the three agents Boukhari describes, or of any CIA role in helping the King police his opponents. Both Crawford and Vreeland mentioned Morocco's well-known collaboration with Israel's intelligence agency, the Mossad, including in the surveillance of dissidents. Vreeland said the men Boukhari describes might have been Mossad agents posing as CIA agents, since Israelis working for Moroccan intelligence couldn't disclose their nationality.
In the wake of Boukhari's testimony, Moroccan, French and US human rights organizations have urged Washington to declassify the more than 1,800 documents it has admitted having on the Ben Barka affair. The government has responded neither to this plea nor to my requests for comment on Boukhari's allegations about the CIA.
Boukhari's plight since he blew the whistle reveals the fear of Moroccan authorities that the current reckoning with the past will escape their control. In August he was arrested and sentenced to three months in prison for writing bad checks. A month after his release he was given another three-month sentence and a fine for libeling three of the Moroccan agents he implicated in Ben Barka's abduction. What authorities have not done is approach Boukhari as a valuable new witness in unsolved cases of political murder and disappearance, or issue him the passport he needs to comply with subpoenas to testify before a judge in France who is investigating Ben Barka's disappearance.
Although fitting the past into the future is primarily a task for Moroccans, Washington can play a crucial role. Ahmed Hirzeni, a Rabat sociologist who served twelve years in prison on political charges, observed, "We don't want to dwell forever on the dossier of the past. The Americans can help us turn the page by clarifying their role in the Ben Barka affair." Whatever it yields, US disclosure will pressure the Moroccan state to acknowledge more fully the torture, political arrests and disappearances it carried out in the past. And that, say activists like Hirzeni, will help to prevent their recurrence.
Why in 1973 did Chile's democracy, long considered the crown jewel of Latin America, turn into Augusto Pinochet's murderous regime? Why did the United States, which helped Pinochet seize power from Salvador Allende, support the violent dictator for nearly two decades? Scholars answering these questions have usually focused on the threat posed by Allende, the first elected Marxist head of state, to Chilean and US business interests and to the cold war foreign policy of the United States. But recently declassified documents, along with the reissue of Patricia Politzer's Fear in Chile: Lives Under Pinochet, suggest that the Chilean counterrevolution, however much shaped by immediate economic and political causes, was infused with a much older, more revanchist political spirit, one stretching as far back as the French Revolution.
Edward Korry, who served as US ambassador to Chile between 1967 and 1971, greeted Allende's election in 1970 as if the sans-culottes were at the gate. Before all the votes were in, he smelled the "stink of defeat" and could hear "the mounting roar of Allendistas acclaiming their victory" arising "from the street below." Although no guillotine blade had yet dropped, material declassified by the United States over the past couple of years shows that Korry fired cable after cable back to Washington, warning of "the terror" to come and citing Baudelaire to brand Allende a "devil."
It may seem bizarre that an LBJ-appointed Democrat would pepper his diplomatic missives with the overheated prose of French romanticism. After all, critics have charged cold war liberals, such as Robert McNamara and McGeorge Bundy, with employing a dry calculus in deciding the number of casualties needed to defeat Communism. But Korry was no bloodless bureaucrat. In fact, in both tone and content, his writings were remarkably similar to those of the illiberal Joseph de Maistre, the arch-Catholic reactionary who launched violent, intoxicated attacks on the French Revolution. By injecting medieval Catholic orgiastic mysticism with the revolutionary zealotry of his contemporaries, Maistre offered a compelling alternative to earthly promises of secular justice and political participation. He was the first who understood that if a counterrevolution was to be won, it would be necessary to win the "hearts and minds" of what would come to be known as the masses.
As fervidly as Maistre hated la secte of Jacobins and eighteenth-century rationalists, Korry disdained Allende and his Popular Unity followers, and largely for the same reason: Where Maistre rejected the idea that people could be governed by enlightened principles, Korry dismissed as "dogmatic and eschatological" those who believed that "society can be structured to create paradise on earth." And both men reserved their strongest scorn for the pillars of the old regime--church, army and state--because, either for reasons of ineptitude or corruption, they had failed to see and to confront the evil before them. Lost in a "myopia of arrogant stupidity," the elites and officials who had allowed Allende to come to power were a "troupe of fools and knaves" leading Chile to the "marxist slaughter-house." It is as if Korry saw the revolution as divine retribution against a decaying polity. "They should be given neither sympathy nor salvation," he said of the weak-willed ruling party.
Echoing Maistre's observation that republican rule is ill suited to protect society against revolutionary fanaticism, Korry complains in his cables about a gracious political culture that places no brake on Allende's determination: "Civility is the dominant characteristic of Chilean life. Civility is what controls aggressiveness, and civility is what makes almost certain the triumph of the very uncivil Allende." Neither the military nor the outgoing president, Eduardo Frei, "have the stomach for the violence they fear would be the consequence of intervention," Korry wrote to Washington. The Communist Party, in contrast, Korry warned, was "that most clear-minded and cohesive force in Chile.... Allende is their masterwork in Latin America and they do not lack for purpose or will."
Korry worked to strengthen domestic opposition to Allende's Popular Unity coalition, yet he also opposed Henry Kissinger's plot to provoke a military coup (which led to the murder of Chilean Gen. René Schneider). Instead, he advocated patience, confident that, with encouragement, internal dissent would eventually oust Allende. Again, remarkably akin to Maistre, Korry felt that restoration had to come from within rather than be imposed from without. He had faith that time favored his position; that the revolutionaries, in their effort to build a society that ran against human nature, would soon exhaust themselves; that rumor and chaos, unavoidable spawns of popular rule, would fuel an irresistible counterwave that would sweep them from power.
In fact, CIA destabilization strategies, both in Chile and in other Latin American nations, seem to draw directly from Maistre's restoration scenario, which relied on counterrevolutionary determination to generate dissension. Rumor acts as the cat's-paw for fear, poisoning commitment, corroding solidarity and forcing an acceptance of inevitable reaction. In Chile the CIA, in a cable dated September 17, 1970, set out a plan to
create the conviction that Allende must be stopped.... discredit parliamentary solution as unworkable...surface ineluctable conclusion that military coup is the only answer. This is to be carried forward until it takes place. However, we must hold firmly to the outlines or our production will be diffuse, denatured, and ineffective, not leaving the indelible residue in the mind that an accumulation of arsenic does. The key is psych war within Chile. We cannot endeavor to ignite the world if Chile itself is a placid lake. The fuel for the fire must come within Chile. Therefore, the station should employ every stratagem, every ploy, however bizarre, to create this internal resistance.
After the end of World War II, when demands for social democratic reform swept the continent, a series of coups and political betrayals successively radicalized and polarized social movements. The Old Left gave way to the New, and calls for reform climaxed into cries for revolution. By the late 1960s, Latin American military elites and their US allies knew, as Maistre knew two centuries earlier, that a simple changing of the guard would no longer be enough to contain this rising tide: "We are talking about mass public feeling as opposed to the private feeling of the elite," wrote the CIA about the intended audience of its "psych war" in Chile. The Latin American military regimes that came into power starting in the late 1960s combined terror and anti-Communist Catholic nationalism to silence this revolutionary roar. As Gen. Oscar Bonilla, who helped Pinochet install his seventeen-year dictatorship, put it, "What this country needs is political silence. We'll return to the barracks when we have changed the mentality of the people."
Patricia Politzer's Fear in Chile: Lives Under Pinochet recounts, through fifteen first-person testimonies gathered in the mid-1980s, while Pinochet was still in power, how his dictatorship did just that. By 1973, the United States had succeeded in its stated goal of extinguishing Chilean civility and igniting political passions. It seemed to many that their country had become ungovernable. Chronic shortages of basic goods, violent conflicts, political impasses and swirling rumors of coups and invasions wore Chileans down.
Nearly all of Fear in Chile's witnesses begin their accounts with the coup, and they all convey the exhaustion and confusion of the moment. Andrés Chadwick Piñera recounts his lonely sadness at hearing of Allende's death while his middle-class family, wife and neighbors celebrated. Sympathetic to the revolution, he burned his books and eventually made peace with the regime. Even the most committed became disoriented. Raquel, a student member of the Communist Party, recalls the uncertainty of revolutionary leadership, which told members to first do one thing, then another. Blanca Ibarra Abarca, a shantytown community leader, became "furious" after listening to Allende's radio message broadcasting news of the coup. She wanted "to do something, to fight," but was paralyzed by "pain and impotence." Manuel Bustos Huerta, president of his union, called a meeting but "no one knew anything...some people said we should go home, and others said we should take over the factory. Finally, after much discussion, we decided that people should go home." (Maistre wrote, nearly 200 years earlier, of how confusion would replace revolutionary resolve with resignation: "Everywhere prudence inhibits audacity.... On the one side there are terrible risks, on the other certain amnesty and probable favors. In addition, where are the means to resist? And where are the leaders to be trusted? There is no danger in repose.")
At times the polarization described by Politzer's witnesses seems absolute. While many wept upon hearing news of Allende's death, others bonded in anti-Communist solidarity: "Everyone from the block got together in a neighbor's house to celebrate.... Everyone brought something and it was a very joyous occasion."
But it is where the testimonies intersect, often at unexpected junctures, that Fear in Chile reveals just how deep and popular both the revolution and counterrevolution were. Blanca Ester Valderas and Elena Tesser de Villaseca recount radically different experiences and backgrounds. Valderas is a poorly educated rural woman whose husband was murdered in Pinochet's coup. Under Allende, after growing weary of following her husband through a series of dead-end jobs, Valderas joined the Socialist Party and was appointed mayor of her town. Even after the coup, when she was forced to change her name and go into hiding, she continued in politics, working with Chile's nascent human rights organizations. Tesser de Villaseca is a well-to-do "Pinochet diehard" who untiringly organized women to bring Allende down, even though she denies that either she or her husband is "political." Nor did she return home after Pinochet took power; instead Tesser de Villaseca and her friends threw themselves into myriad social welfare organizations aimed at making Chileans "a sound race again, to make the country healthy." Despite the different historical consequences of their actions, both women used politics as an avenue of upward human mobility, to escape the restraints of family and to influence civic life.
In Costa-Gavras's movie Missing, which, while not mentioning Chile specifically, depicts Pinochet's coup, the first repressive act shown is of soldiers pulling a woman off a bus queue and cutting off her slacks, warning her that in the new nation, women do not wear pants. Many of the voices in Fear in Chile recall similar acts of violence: men who had their long hair shorn; women who were ordered to wear skirts; a worker who was arrested and tortured for being "an asshole" and not acting sufficiently submissive to authority. Notwithstanding Allende's supposed alignment with the Soviet Union and his threat to economic interests, acts like these illustrate that the real danger of the Chilean left was not that it undermined secular liberal democracy but that it promised to fulfill it, to sweep away the privilege and deference of patriarchy and class. "It was as if we had suddenly returned to a past era," recalls the wife of an Allende functionary in recounting her dealings with male military officers who, prior to the coup, she'd treated as friends and equals.
For many, Pinochet realigned a world that had spun out of control, and the power of Politzer's book is that it takes seriously the concerns of his supporters. Pinochet remained popular because he satiated the desire of many Chileans for both order and freedom. He haunts the pages of Fear in Chile like Maistre's powerful but distant sovereign, who "restrains without enslaving." As one of Pinochet's supporters put it, "I believe in a democracy in which certain general objectives are submitted to a vote; after that, each matter should be handed over to experts capable of realizing those objectives. In a family, for instance, where there is a health problem, you don't have a democratic vote about what steps to take."
It is this image of a family that is constantly invoked by followers of the regime to symbolize a just society, a family with Pinochet as the wise and strong father ("I adore Pinochet," says Tesser de Villaseca. "I adore him because he is a superhuman person who is also sensible and worthy") and his wife, Lucía, as the empathetic mother ("an extraordinary woman," says a Pinochet colonel, "who has created a volunteer corps in Chile that should be an example to the world. She's like a diligent little ant who works in different areas and also collaborates well with her husband").
Pinochet's success in generating a degree of popular legitimacy ultimately rested on violence and terror. By the time he left office, in 1990, his regime had arrested 130,000 people, tortured 20,000 others and, if the killing that took place during the coup is included, murdered between 5,000 and 10,000 Chileans. Fear not only led people to burn their books, drop out of politics, go into hiding and exile and switch allegiances, but allowed those who supported the government and dreaded a return to anarchy and conflict to justify murder: "I don't have any special knowledge about DINA [Pinochet's intelligence agency, responsible for a good deal of the terror], but if they were really out to find people working against democracy, people who didn't hesitate to kill to achieve their goals, I think what they were doing was good. I'm not one of those who don't believe that there were disappeared persons," says Carlos Paut Ugarte, an economist who returned to Chile following Allende's overthrow to work in Pinochet's government.
From Edmund Burke to Jeane Kirkpatrick, it has been the lie of modern counterrevolutionary thinkers that, against totalitarian abstractions, they defended historical actuality. The status quo is what should be, they say, and any effort otherwise leads straight to the guillotine or the gulag. But Pinochet's god, father and homeland were no less utopian and intangible than the just nation that Allende and Popular Unity hoped to build--the difference being that Pinochet had guns and the United States.
In his day Maistre was optimistic that restoration could be brought about with little violence. "Would it be argued," he asked, "that the return from sickness to health must be as painful as the passage from health to sickness?" Writing before the great counterinsurgency terrors of the nineteenth and twentieth centuries, he can be excused his sanguinity. But Korry, too, liked to draw on historical analogies to make his case, and he has no such excuse. "There is a graveyard smell to Chile," he wrote immediately after Allende's election, "the fumes of a democracy in decomposition. They stank in my nostrils in Czechoslovakia in 1948 and they are no less sickening today."
It is too bad Korry couldn't escape the prison of his own abstractions and draw a lesson from a more relevant historical referent: Indonesia in 1965, where anti-Communist government agents slaughtered, as the United States watched, hundreds of thousands of its citizens. After all, the analogy was not lost on the CIA, which dubbed Pinochet's coup "Operation Jakarta."
Desperate to be rid of a repressive regime, many turn to militant Islam.
The regulations proposed to implement George W. Bush's order establishing military commissions for the trial of "international terrorists" are mere window dressing and will not cure the fatal defects of the order. They provide the accused with so little protection as to raise a suspicion that they are made primarily to disarm the critics.
The fundamental problem is that the proposed system, including all its "judicial" elements, still lies entirely within the military chain of command and subordinate to the President, who is the ultimate authority over every aspect of the proceedings. But independent impartial judges who are not beholden to any side are the indispensable bedrock of any credible system of justice. They must be the ones to make the basic decisions or at least to review them. Without such a tribunal to monitor them, the various "protections" provided by the proposed regulations--the presumption of innocence, guilt beyond a reasonable doubt, even outside counsel--mean little or nothing.
This is not a novel insight. Congress and the military have recognized how indispensable an independent judiciary is to a meaningful system of justice: Under the Uniform Code of Military Justice, verdicts are not final until they have been reviewed by a civilian Court of Appeals for the Armed Forces. The provision of an appeal mechanism, especially in cases as politically and internationally sensitive as these, thus adds nothing to the fairness of the process--it merely insures that the final decision will be made by higher-ranking military officers who are still subject to military and presidential control.
White House counsel Alberto Gonzales, aware of these shortcomings, has sought to reassure doubters by noting that habeas corpus review will be available. But the order itself, which the regulations are only supposed to implement, expressly prohibits recourse to any court, as he well knows. For this reason, he was careful to describe the review as just a check on the jurisdiction of the tribunal, that is, whether the commission has the legal authority to try the particular accused. But review of a tribunal's jurisdiction does not touch on any substantive or procedural aspect of a proceeding, such as apprehension, detention, pretrial procedure, trial, evidentiary rulings, verdict or the sentence.
Moreover, as noted, the order specifically mandates that the ultimate authority is the President. Since the initial decision to apprehend someone is also the President's, and since everyone in the decision-making process, including the prosecutor, is subordinate to the President as the Commander in Chief, the police, prosecutor, some defense counsel, judge and jury are all rolled into one entity subject to one man--the antithesis of a just system. And given the rigidity of the military hierarchy and the natural desire of military personnel for promotion, who would challenge a judgment of their Commander in Chief that there is reason to believe someone is guilty of international terrorism and must be taken into custody--even if, as in so many instances, the action is as much for political reasons as for national security?
Compounding the difficulty is the absence of any real limit on what evidence may be admitted. The tribunal still may admit single, double and triple hearsay, affidavits, opinion and other dubious evidence. None of this can be effectively tested by cross-examination, especially since some of this evidence can be kept secret from the accused and his lawyers.
The decision to open up the proceedings to public view looks good, but it is only conditional--they may be closed if evidence that the tribunal considers worthy of secrecy is to be admitted. We have learned to our dismay how quick government officials are to classify information, even when it is already in the public domain. This Administration is particularly secretive, as shown by Bush's order holding back presidential papers from public release, as well as the refusal to reveal any information about the 1,000-plus detainees held since September 11. Moreover, the usual reason for secrecy is that disclosure will reveal methods and sources. But reliance on sources often involves very subjective judgments based on inaccurate or untrustworthy information. Yet it is just this kind of evidence that is most likely to be kept secret.
These are not tribunals worthy of a nation governed by law. And we don't need them. In the past eight years we have convicted twenty-six terrorists for the 1993 World Trade Center bombing and other cases in ordinary criminal trials and without revealing any secrets. The Administration realizes this, for it has decided to try the alleged "twentieth hijacker," Zacarias Moussaoui, in the criminal justice system.
The problem with these proposals is not that some people will never be satisfied--it is that the demands of justice have not been satisfied.
Once roundly condemned for his use of using military courts for civilian crimes, Egyptian President Hosni Mubarak is now in good company now that the US and the UK have adopted similar measures.