Search This Blog

Showing posts with label Hague. Show all posts
Showing posts with label Hague. Show all posts

Wednesday 3 July 2013

NSA spying revelations: why so many are keen to play down the debate


The mass surveillance that Edward Snowden has exposed asks questions not only of government but of telecoms companies too
GCHQ
GCHQ reportedly snooped on foreign politicians attending two G20 summit meetings in London in 2009. Photograph: Barry Batchelor/PA
Covering the Edward Snowden story has not been straightforward for many in the mainstream media, which is reflected in the disjointed coverage it has received in the UK so far. For the newspapers that campaigned so hard to get the communications data bill thrown out because of the implications for privacy, he should be a hero. But then the brash young American "stole" the material, came to the Guardian with it, and has ended up stranded in Russia, where he may or may not receive asylum with the help of Julian Assange. All of which makes him rather unpalatable to many in Fleet Street – and indeed the House of Commons. For many of them, the easier story to tell was the one about Snowden's girlfriend, who was left bereft in Hawaii.
This week there have been more revelations about the way the US spied on the EU, which followed the Guardian's disclosures about how the British snooped on diplomats from Turkey and South Africa, among others, at the G20 summit in London four years ago. This has caused genuine fury among those targeted, particularly the Germans and the French. But their anger has been met with shoulder-shrugging indignation from former British diplomats and security experts, who say this sort of thing happens all the time.
They would hardly say anything different. In all likelihood, they have either authorised or benefited from such covert intelligence gathering, so the lack of biting analysis was entirely predictable. For those in the media unsure how to deal with Snowden, and rather hoping the complex saga would go away, this was another easy escape route: "No story here, let's move on."
But there is a story. It gets lost, all too conveniently, in the diplomatic rows and the character-assassinations, but ultimately it is the legacy of the Snowden files. The documents have shown that intelligence agencies in the UK and the US are harvesting vast amounts of information about millions of people. This is fact, not fantasy. They are doing this right now, on a scale that could not have been envisaged five years ago, let alone when the laws covering the collection and retention of data were drafted. They are also sharing this treasure trove of intelligence with each other, and other close allies.
In the UK, the same ministers who sign off operations to spy on our allies, are also approving countless warrants to allow GCHQ to siphon off data from cables that carry internet traffic in and out of the country. Emails, conversations on Skype, the details of phone calls – they all go into the intelligence pot ready for analysis and digestion.
The methods that GCHQ has developed may be ingenious. But are they right? Do the laws really legitimise this activity? And can the handful of MPs and commissioners tasked with the scrutinising the agencies really keep on top of all this? Do they have the staff, the expertise? Those are the questions that need proper argument. The reassurances of senior cabinet ministers, such as William Hague, who is responsible for GCHQ, needed to be tested, not just repeated unchallenged.
Those who wail about the leaks affecting national security might consider the words of Bruce Schneier, a security specialist, who wrote in the New York Times: "The argument that exposing these documents helps the terrorists doesn't even pass the laugh test; there's nothing here that changes anything any potential terrorist would do or not do."
And where are the telecoms companies in all this, and the internet service providers? For now, they are still keeping quiet. But at some point they will be asked to explain to their millions of customers what they knew about this industrial-scale snooping. None of this is easy, and ministers and intelligence officials would like nothing more than to shut down the debate. The clues are in their discomfort.

Tuesday 4 September 2012

We're one crucial step closer to seeing Tony Blair at The Hague



Desmond Tutu has helped us see the true nature of what the former prime minister did to Iraq and increased pressure for a prosecution
Blair at Leveson May 2012
Tony Blair arrives at the Royal Courts of Justice in London to give evidence on media ethics to the Leveson inquiry in May 2012. Photograph: Dan Kitwood/Getty Images
For years it seems impregnable, then suddenly the citadel collapses. An ideology, a fact, a regime appears fixed, unshakeable, almost geological. Then an inch of mortar falls, and the stonework begins to slide. Something of this kind happened over the weekend.
When Desmond Tutu wrote that Tony Blair should be treading the path to The Hague, he de-normalised what Blair has done. Tutu broke the protocol of power – the implicit accord between those who flit from one grand meeting to another – and named his crime. I expect that Blair will never recover from it.
The offence is known by two names in international law: the crime of aggression and acrime against peace. It is defined by the Nuremberg principles as the "planning, preparation, initiation or waging of a war of aggression". This means a war fought for a purpose other than self-defence: in other words outwith articles 33 and 51 of the UN Charter.
That the invasion of Iraq falls into this category looks indisputable. Blair's cabinet ministers knew it, and told him so. His attorney general warned that there were just three ways in which it could be legally justified: "self-defence, humanitarian intervention, or UN security council authorisation. The first and second could not be the base in this case." Blair tried and failed to obtain the third.
His foreign secretary, Jack Straw, told Blair that for the war to be legal, "i) there must be an armed attack upon a state or such an attack must be imminent; ii) the use of force must be necessary and other means to reverse/avert the attack must be unavailable; iii) the acts in self-defence must be proportionate and strictly confined to the object of stopping the attack." None of these conditions were met. The Cabinet Office told him: "A legal justification for invasion would be needed. Subject to law officers' advice, none currently exists."
Without legal justification, the attack on Iraq was an act of mass murder. It caused the deaths of between 100,000 and a million people, and ranks among the greatest crimes the world has ever seen. That Blair and his ministers still saunter among us, gathering money wherever they go, is a withering indictment of a one-sided system of international justice: a system whose hypocrisies Tutu has exposed.
Blair's diminishing band of apologists cling to two desperate justifications. The first is that the war was automatically authorised by a prior UN resolution, 1441. But when it was discussed in the security council, both the American and British ambassadors insisted that 1441 did not authorise the use of force. The UK representative stated that "there is no 'automaticity' in this resolution. If there is a further Iraqi breach of its disarmament obligations, the matter will return to the council for discussion as required in paragraph 12." Two months later, in January 2003, the attorney general reminded Blair that "resolution 1441 does not authorise the use of military force without a further determination by the security council".
Yet when Blair ran out of options, he and his lieutenants began arguing that 1441 authorised their war. They are still at it: on Sunday, Lord Falconer tried it out on Radio4. Perhaps he had forgotten that it has been thoroughly discredited.
The second justification, attempted again by Blair this weekend, is that there was a moral case for invading Iraq. Yes, there was one. There was also a moral case for not invading Iraq, and this case was stronger.
But a moral case (and who has launched an aggressive war in modern times without claiming to possess one?) does not provide a legal basis. Nor was it the motivation for the attack. In September 2000, before they took office, a project run by future members of the Bush administration – including Dick Cheney, Donald Rumsfeld and Paul Wolfowitz – produced a report which said the following: "While the unresolved conflict with Iraq provides the immediate justification, the need for a substantial American force presence in the Gulf transcends the issue of the regime of Saddam Hussein." Their purpose, they revealed, was "maintaining American military pre-eminence". The motivation for deposing Saddam Hussein was no more moral than the motivation for arming and funding him, two decades before.
But while the case against Blair is strong, the means are weak. Twenty-nine people have been indicted in the international criminal court, and all of them are African. (Suspects in the Balkans have been indicted by a different tribunal). There's a reason for this. Until 2018 at the earliest, the court can prosecute crimes committed during the course of an illegal war, but not the crime of launching that war.
Should we be surprised? Though the Nuremberg tribunal described aggression as "the supreme international crime", several powerful states guiltily resisted its adoption. At length, in 2010, they agreed that the court would have jurisdiction over aggression, but not until 2018 or thereafter. Though the offence has been recognised in international law for 67 years, the international criminal court (unlike the Rwanda and Yugoslavia tribunals, which hear cases from before they were established) will be able to try only crimes of aggression committed beyond that date.
The other possibility is a prosecution in one of the states (there are at least 25) which have incorporated the crime of aggression into their own laws. Perhaps Blair's lawyers are now working through the list and cancelling a few speaking gigs.
That the prospect of prosecution currently looks remote makes it all the more important that the crime is not forgotten. To this end, in 2010 I set up a bounty fund –www.arrestblair.org – to promote peaceful citizens' arrests of the former prime minister. People contribute to the fund, a quarter of which is paid out to anyone who makes an attempt which meets the rules. With our fourth payment last week, we've now disbursed more than £10,000. Our aim is the same as Tutu's: to de-normalise an act of mass murder, to keep it in the public mind and to maintain the pressure for a prosecution.
That looked, until this weekend, like an almost impossible prospect. But when the masonry begins to crack, impossible hopes can become first plausible, then inexorable. Blair will now find himself shut out of places where he was once welcome. One day he may find himself shut in.