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Showing posts with label Nuremberg. Show all posts
Showing posts with label Nuremberg. Show all posts

Wednesday, 11 September 2013

The silent military coup that took over Washington


This time it's Syria, last time it was Iraq. Obama chose to accept the entire Pentagon of the Bush era: its wars and war crimes
Vietnam dioxin
Children, many of whose deformities are believed to be the results of the chemical dioxin that the US used in the Vietnam war, play outside a hospital in Ho Chi Minh City. Photograph: Paula Bronstein/Getty Images
On my wall is the Daily Express front page of September 5 1945 and the words: "I write this as a warning to the world." So began Wilfred Burchett's report from Hiroshima. It was the scoop of the century. For his lone, perilous journey that defied the US occupation authorities, Burchett was pilloried, not least by his embedded colleagues. He warned that an act of premeditated mass murder on an epic scale had launched a new era of terror.
Almost every day now, he is vindicated. The intrinsic criminality of the atomic bombing is borne out in the US National Archives and by the subsequent decades of militarism camouflaged as democracy. The Syria psychodrama exemplifies this. Yet again we are held hostage by the prospect of a terrorism whose nature and history even the most liberal critics still deny. The great unmentionable is that humanity's most dangerous enemy resides across the Atlantic.
John Kerry's farce and Barack Obama's pirouettes are temporary. Russia's peace deal over chemical weapons will, in time, be treated with the contempt that all militarists reserve for diplomacy. With al-Qaida now among its allies, and US-armed coupmasters secure in Cairo, the US intends to crush the last independent states in the Middle East: Syria first, then Iran. "This operation [in Syria]," said the former French foreign minister Roland Dumas in June, "goes way back. It was prepared, pre-conceived and planned."
When the public is "psychologically scarred", as the Channel 4 reporter Jonathan Rugman described the British people's overwhelming hostility to an attack on Syria, suppressing the truth is made urgent. Whether or not Bashar al-Assad or the "rebels"used gas in the suburbs of Damascus, it is the US, not Syria, that is the world's most prolific user of these terrible weapons.
In 1970 the Senate reported: "The US has dumped on Vietnam a quantity of toxic chemical (dioxin) amounting to six pounds per head of population." This was Operation Hades, later renamed the friendlier Operation Ranch Hand – the source of what Vietnamese doctors call a "cycle of foetal catastrophe". I have seen generations of children with their familiar, monstrous deformities. John Kerry, with his own blood-soaked war record, will remember them. I have seen them in Iraq too, where the US used depleted uranium and white phosphorus, as did the Israelis in Gaza. No Obama "red line" for them. No showdown psychodrama for them.
The sterile repetitive debate about whether "we" should "take action" against selected dictators (ie cheer on the US and its acolytes in yet another aerial killing spree) is part of our brainwashing. Richard Falk, professor emeritus of international law and UN special rapporteur on Palestine, describes it as "a self-righteous, one-way, legal/moral screen [with] positive images of western values and innocence portrayed as threatened, validating a campaign of unrestricted political violence". This "is so widely accepted as to be virtually unchallengeable".
It is the biggest lie: the product of "liberal realists" in Anglo-American politics, scholarship and media who ordain themselves as the world's crisis managers, rather than the cause of a crisis. Stripping humanity from the study of nations and congealing it with jargon that serves western power designs, they mark "failed", "rogue" or "evil" states for "humanitarian intervention".
An attack on Syria or Iran or any other US "demon" would draw on a fashionable variant, "Responsibility to Protect", or R2P – whose lectern-trotting zealot is the former Australian foreign minister Gareth Evans, co-chair of a "global centre" based in New York. Evans and his generously funded lobbyists play a vital propaganda role in urging the "international community" to attack countries where "the security council rejects a proposal or fails to deal with it in a reasonable time".
Evans has form. He appeared in my 1994 film Death of a Nation, which revealed the scale of genocide in East Timor. Canberra's smiling man is raising his champagne glass in a toast to his Indonesian equivalent as they fly over East Timor in an Australian aircraft, having signed a treaty to pirate the oil and gas of the stricken country where the tyrant Suharto killed or starved a third of the population.
Under the "weak" Obama, militarism has risen perhaps as never before. With not a single tank on the White House lawn, a military coup has taken place in Washington. In 2008, while his liberal devotees dried their eyes, Obama accepted the entire Pentagon of his predecessor, George Bush: its wars and war crimes. As the constitution is replaced by an emerging police state, those who destroyed Iraq with shock and awe, piled up the rubble in Afghanistan and reduced Libya to a Hobbesian nightmare, are ascendant across the US administration. Behind their beribboned facade, more former US soldiers are killing themselves than are dying on battlefields. Last year 6,500 veterans took their own lives. Put out more flags.
The historian Norman Pollack calls this "liberal fascism": "For goose-steppers substitute the seemingly more innocuous militarisation of the total culture. And for the bombastic leader, we have the reformer manqué, blithely at work, planning and executing assassination, smiling all the while." Every Tuesday the "humanitarian" Obama personally oversees a worldwide terror network of drones that "bugsplat" people, their rescuers and mourners. In the west's comfort zones, the first black leader of the land of slavery still feels good, as if his very existence represents a social advance, regardless of his trail of blood. This obeisance to a symbol has all but destroyed the US anti-war movement – Obama's singular achievement.
In Britain, the distractions of the fakery of image and identity politics have not quite succeeded. A stirring has begun, though people of conscience should hurry. The judges at Nuremberg were succinct: "Individual citizens have the duty to violate domestic laws to prevent crimes against peace and humanity." The ordinary people of Syria, and countless others, and our own self-respect, deserve nothing less now.

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.