Obama Distorts ‘Just War’ Principles
By Daniel C. Maguire | Consortium News | May 24, 2013
In his address on terrorism and America’s counterterrorism policy, President Barack Obama invoked the “just war” theory to justify the continued use of assassination by drones as America’s increasingly favored war policy. The President and most Americans need schooling on just what the “just war theory” (JWT) is.
JWT lays out the tests that state-sponsored violence must pass to be deemed morally defensible. JWT has its roots in the first tentative moves – in ancient Hebraic, Greek and Roman societies – away from total obliteration of the enemy, its people and its land as the goal of war. It was and is an effort to put some limits on collective violence.
According to JWT, there are six tests a war must pass to claim some moral justification. If the war fails on any of the six, that war is immoral and the killing it involves is murder.
1. A Just Cause: As ethicist David Hollenbach writes: “The only just cause is defense against unjust attack.” Aggressive, imperial or preemptive wars fail this test and open the door to international barbarism.
Drone attacks that kill “suspected terrorists” based not on due process proceedings but on “intelligence” agencies, do not pass this initial test. Those are the same agencies that gave us the fictional weapons of mass destruction in Saddam’s Iraq resulting in a decade of unjustified slaughter and havoc.
2. Declaration by Competent Authority: For the United States, proper declaration is defined in Article One, Section 8 of the U.S. Constitution which says that it is the prerogative of Congress “to declare war” and to “provide for the common Defence.” James Madison said that “in no part of the Constitution is more wisdom to be found than in the clause which confides the question of war and peace to the legislature and not to the executive department.”
The United States has not obeyed this part of the Constitution since December 1941. The constitutional requirement was alluded to at the onset of the Korean War but bypassed ever since. Instead Congress surrenders its right to declare war by giving blank check authorization to the president (whether Lyndon Johnson or George W. Bush) to go to war if he, in his royal wisdom, chooses to do so.
When President Bush was given authorization to use “force” after the 9/11 attacks, the decision to use kill-power was seen as entirely his and the wisdom of the Constitution was trashed. President Obama’s drone policy – sending unmanned aircraft around the world to kill people – continues to rely on this congressional abdication of responsibility.
The United States further defined proper declaration of war when it helped to draft and signed on to the United Nations Charter. As Richard Falk writes, that historic document outlawed state vigilantism and entrusted “the Security Council with administering a prohibition of recourse to international force (Article 2, Section 4) by states except in circumstances of self-defense, which itself was restricted to response to a prior ‘armed attack’ (Article 51) and only then until the Security Council had the chance to review the claim.”
This is called “the policing paradigm” and it would put upon states the communitarian and legal restraints imposed on use of violence by police and would also serve as a deterrent since to attack one was to attack all.
Briefing Congress before, or more often, after using state-sponsored drone violence mocks the right and abandoned duty of Congress to declare war. So does ignoring the UN Security Council.
3. Right Intention: This requirement of JWT involves honesty about the real reason for the violence and avoidance of excessive secrecy. It does not hide the truth and suppress the vox populi. It also does not substitute force for due process.
4. Non-combatant immunity: Drone warfare involves long-distance killing by remote control. It is disingenuous to say that drone usage honors non-combatant immunity. The targeted individual will rarely be found alone. The loose definition of who is and who is not a “militant” further belies the claims of sensitivity to civilian casualties.
5. Last Resort: Totally missing from President Obama’s May 23 address was the question why? Why do these targeted people hate us but don’t hate Sweden or Japan or Brazil. Why is killing them the answer when there has been little or no consideration of the grievances that lead them to engage in suicide attacks to hurt us?
Are we not stupidly striking at the bitter fruit of the tree while still nourishing its roots and thus guaranteeing more bitter fruit? If war is to be the last resort, shouldn’t we first ask what legitimate grievances animate the animosity toward our nation?
American economic supremacy has played a big part in producing a world where 82 percent of the world’s income goes to the top 20 percent, leaving the rest to face hardship or starvation. Our paltry foreign aid does little to alleviate world poverty and the world knows that.
As to the trouble zones in the Middle East, there is a question that is not permitted in our halls of political power or even in the American press. It was asked by Jesuit scholar John Sheehan who studied in the Middle East. His question: “Whenever I hear that Israel is our best friend in the Middle East I ask why is it that before Israel, we had no enemies in the Middle East?”
Our financial, political and military support for Israeli expansionism and militarism make us no friends in the Middle East or elsewhere in the world. It is also not good for Israel or for us to be Israel’s ever deferential enabler. Friends do not let friends drive off a cliff and Israel is doing just that by having started the nuclear arms race in the Middle East and with its policy of occupation and expansionism. It’s not friendly of us to keep paying for that.
In the Suez crisis of 1956, when President Dwight Eisenhower threatened cutback of aid if Israel did not retreat from its expansionism, Israeli officials agreed to retreat. When George H. W. Bush did the same in 1989 regarding settlements in Palestinian territory, the Israeli government again stopped, only to restart at the end of his term.
Tony Judt has called us Israel’s “paymaster.” When the paymaster makes demands – not feeble entreaties – the recipients listen.
6. Proportionality: War must do more good than harm, a proviso that is increasingly infeasible given the advances in weaponry. When drones are causing constant fear and dread for Pakistani children and their parents, are those elusive demons in the sky doing more good than harm? What good do we envision when we export terror into other nations’ homes?
Is it not past time to realize that our kill-power is not making us safe but sowing fear and enmity? In regard to that recognition, Obama’s May 23 speech is not reassuring.
Is American genius not up to the challenge of sensitive diplomacy, the kind that does not love its enemies but strains to understand their grievances? Are our fingers grown too rough with bludgeoning to undertake the needlepoint of peace-making diplomacy? Much of the world seems to think so.
~
Daniel C. Maguire, a professor of religious ethics at Marquette University, is author of The Horrors We Bless: Rethinking the Just-War Legacy, Fortress Press.
Related article
- PressTV: US Senate betrays US Constitution for Israel (jhaines6.wordpress.com)
UK: Woolwich attack sparks Labour calls for snooper’s charter
Press TV – May 23, 2013
Labour peers have urged British Deputy Prime Minister and Lib-Dems leader Nick Clegg to stop opposing the Communications Data Bill, dubbed the snooper’s charter by the opponents, in the wake of the Woolwich attack.
Former Labour home secretary Lord Reid and former security minister Lord West urged Clegg to drop his opposition to the legislation after a soldier was beheaded by the knife-wielding attackers in Woolwich, southeast London.
Appearing on BBC’s Newsnight, Lord Reid said the police and intelligence services should have tools they need to prevent these kinds of attacks.
Privacy watchdog Big Brother Watch, however, said it was “wholly wrong for [Lord Reid] to be arguing for a change of policy before the details of what has happened in Woolwich are clear.”
The snooper’s charter, if passed, would allow bulk, warrantless, unaccountable examination of all online activities by government agencies in the country, which according to critics would harm Britons’ freedom and privacy.
The so-called snooper’s charter was proposed by Home Secretary Theresa May, despite the coalition government’s agreement in 2010 to end the storing of emails and Internet records “without good reason”.
Related article
- Snooper’s charter ‘would not have stopped Woolwich attack’ (guardian.co.uk)
Colombia: extrajudicial executions killing still ongoing according to report
By George Nelson | The Argentina Independent | May 24, 2013
The Centre for Popular Research and Education (Cinep) in Bogotá has reported that during 2012 there were 11 separate cases of extrajudicial executions in Colombia, suggesting that executions known as ‘false positives’ are still ongoing. A further eight cases of arbitrary detention have also been reported, amassing a total of 52 victims.
The false positives scandal refers to the Colombian military’s alleged sanctioned practice of killing civilians and then dressing them up in guerrilla fatigues in order to present them as combat kills. Reports show that the executions usually target farmers, social activists, and political opponents.
The scandal is part of continuous armed conflict between Colombia’s government and the FARC and ELN, both guerilla forces. In May last year the International Federation of Human Rights (FIDH) alleged that over 3,000 civilians had been killed between 2002 and 2008 as a result of the conflict.
Cinep also claim that the general state of human rights in Colombia is poor with members of the paramilitary “the greatest violators” responsible for 565 cases, followed by the police with 268. Giraldo Serna, of Cinep, said, “Threats, tortures, disappearances, deaths, and social cleansing are still implemented in Colombia.”
The government denied ‘false positives’ are still occurring but Cinep believes the problem is far greater than people think. “Those who justify the false positives don’t realise they are damaging the prestige of the police force,” said Cinep spokesman Alejandro Angulo.
Hospital patients in Gaza poisoned by gas from Israel
MEMO | May 24, 2013
It has been announced that four Palestinian patients were poisoned by carbon monoxide gas sent to Gaza hospitals as nitrous gas.
Palestinian Health Minister, Mofeed al-Mokhalalati, affirmed that four patients were poisoned by the carbon monoxide gas as they were injected with it in the belief that it was nitrous gas used in anesthesia.
Al-Mokhalalati said that Israel is being blamed for the poisoning as it is the sole source of nitrous gas brought to Gaza hospitals.
He said that he had commissioned a group of experts to form a fact finding committee into the poisoning and to understand how carbon monoxide containers managed reach Gaza’s hospitals.
The Minister said that his ministry was obliged to postpone all surgical operations until further notice. “We have stopped all surgical operations until we are able to check all medical tools and equipment imported through Israel,” he said.
Patients in Gaza wait for months to undergo surgical operations in Gaza hospitals which have suffered greatly as a consequence of the six-year siege imposed by Israel.
A million Israeli landmines planted in occupied Palestinian West Bank
MEMO | May 23, 2013
The 1997 Ottawa Treaty bans the use of mines, but countries like the US and Israel have opted to not sign the treaty
About a million landmines have been planted by the Israeli occupation in occupied Palestinian West Bank, official Palestinian data has shown.
The Commissioner General of the Palestinian Liberation Organisation in Washington, Maan Erekat, said: “The number of Israeli landmines planted is between 800,000 to a million.”
During his meeting with UN and NGO officials in New York on Wednesday, Erekat said: “This significant number of landmines poses great direct danger to the safety and security of Palestinian citizens.” He discussed efforts with the officials he met to remove these landmines.
Erekat reiterated the importance of “continuing the efforts being exerted by the UN and NGO in cooperation with Palestinian parties to remove the landmines planted around the occupied West Bank.”
The Israeli occupation has planted landmines in the Palestinian territories since it occupied the West Bank and the Gaza Strip in 1967 under “security” pretexts.
There are about 51 landmine fields scattered around the West Bank and the Gaza Strip, especially in the Jordan valley, the north and west of the West Bank, near the ‘Green Line,’ around Israeli settlements and around large empty spaces where Israeli soldiers practice their military drills.
Related article
What an Anonymous U.S. Official Says About Iranians in Syria
By Peter Hart | FAIR | May 22, 2013
The Washington Post’s Anne Gearan reports today (5/22/13) that Iran is in the thick of the Syria war, according to an anonymous U.S. official:
Iran has sent soldiers to Syria to fight alongside forces loyal to President Bashar al-Assad and those of the Lebanon-based Hezbollah militia, a senior State Department official said Tuesday.
An unknown number of Iranians are fighting in Syria, the official said, citing accounts from members of the opposition Free Syrian Army, which is backed by the United States. The official spoke on the condition of anonymity to preview a strategy session that Secretary of State John F. Kerry is to hold Wednesday with key supporters of the Syrian opposition.
The rationale for granting anonymity–a privilege that outlets are supposed to extend only rarely–is curious; it’s not clear why the government would need to say things anonymously in order “to preview a strategy session” about Syria.
Even more curious, though, is whether or not the source in question actually said this. At EA Worldview (5/22/13), Scott Lucas took a look at the briefing that produced the story, and what the State Department official actually said was this:
It is the most visible effort we have seen of Hezbollah to engage directly in the fighting in Syria as a foreign force. We understand there are also Iranians up there. That is what the Free Syrian Army commanders are telling us. I think this is an important thing to note, the direct implication of foreigners fighting on Syrian soil now for the regime.
Suggesting that the Free Syrian Army believes Iranians are in Syria–which is probably true–is not the same thing as saying “Iran has sent soldiers to Syria” to fight on Assad’s behalf. And in answering followup questions, the anonymous State Department official admits that “to be very frank, I don’t have any estimates of numbers and I don’t know that they are directly involved in the fighting.” The source also says the Iranians “could be doing a little of both advising and fighting” and that “the reports that we’re getting… are not consistent.”
But Gearan’s question at the briefing would strongly suggest that she was pushing a stronger line about Iranian involvement than the anonymous source:
Are we now, based on your earlier comments about Iranian fighters being involved, looking at a proxy war? I mean, you’re talking about arming the rebels on one side, and the Iranians are clearly arming the others and fighting on behalf of the others on the other side. Are we now basically in a war with Iran?
The source doesn’t go as far out on this issue as Gearan’s question was pushing. But it didn’t really matter. As you can see in the pages of the Washington Post, an official Iranian role in the fighting was treated almost like a fact–which might be the point of having anonymous briefings like this.
Iran dismisses claims about military presence in Syria
Press TV – May 24, 2013
An Iranian deputy foreign minister has rejected claims about Tehran’s military presence in Syria, dismissing the allegations as a “blame game” orchestrated by the Syrian opposition groups.
“Iranian forces have never been, and are not present in Syria, and I deny this claim,” Iranian Deputy Foreign Minister for Asia-Pacific Affairs Abbas Araqchi said in Ankara on Thursday.
“The real enemies of Syria make such claims to provoke that country’s people [against Iran] and divert developments [in Syria] in the wrong direction,” said Araqchi, who is also Iran’s Foreign Ministry spokesman.
He emphasized that the crisis in Syria cannot be resolved through military means, adding that the unrest in the Arab country should be resolved politically. … Full article
ACLU Comment on Obama’s National Security Speech
By Anthony D. Romero | ACLU | May 23, 2013
President Obama is right to say that we cannot be on a war footing forever, but the time to take our country off the global warpath and fully restore the rule of law is now, not at some indeterminate future point. Four years into his presidency, President Obama has finally taken the first steps to jump-start his administration’s effort to make good on early campaign promises to close Guantánamo and recognized the human cost of failing to act. These are encouraging and noteworthy actions.
To the extent the speech signals an end to signature strikes, recognizes the need for congressional oversight, and restricts the use of drones to threats against the American people, the developments on targeted killings are promising. Yet the president still claims broad authority to carry out targeted killings far from any battlefield, and there is still insufficient transparency. We continue to disagree fundamentally with the idea that due process requirements can be satisfied without any form of judicial oversight by regular federal courts.
We are particularly gratified that President Obama embraced our recommendations to use his authority to allow prompt transfer and release of Guantánamo detainees who pose no national security threat and that have been cleared by the military and intelligence agencies. We also applaud his appointment of a high level official to supervise the process for closing Guantánamo once and for all.
But there are other problems that must still be addressed. The unconstitutional military commissions must be shuttered, not brought to the United States. While the president expressed appropriate concern about indefinite detention, he offered no clear plan for ending this unconstitutional policy for those who have not been tried or cleared for release.
President Obama’s efforts to repair his legacy in the eyes of future historians will require that he continue to double down if he is to fully restore this nation’s standing at home and abroad. The ACLU realizes that Congress has thrown significant barriers in closing Guantánamo. But in some areas Congress has been more progressive, having recently demanded legal memoranda that claim to authorize the illegal killing program. The ACLU stands ready to work with, and if necessary do battle with, those elements of government that impede our nation’s obligations to honor the rule of law and to protect our values while safeguarding our security.
For Obama civilian deaths are O.K. because the enemy kill civilians also
By Damian Lataan | May 24, 2013
In a speech to the National Defense University yesterday outlining his new policies regarding the use of drones in targeted killings US President Obama told his audience;
…before any strike is taken, there must be near-certainty that no civilians will be killed or injured – the highest standard we can set.
This last point is critical, because much of the criticism about drone strikes – at home and abroad – understandably centers on reports of civilian casualties. There is a wide gap between U.S. assessments of such casualties, and non-governmental reports. Nevertheless, it is a hard fact that U.S. strikes have resulted in civilian casualties, a risk that exists in all wars. For the families of those civilians, no words or legal construct can justify their loss. For me, and those in my chain of command, these deaths will haunt us as long as we live, just as we are haunted by the civilian casualties that have occurred through conventional fighting in Afghanistan and Iraq.
But as Commander-in-Chief, I must weigh these heartbreaking tragedies against the alternatives. To do nothing in the face of terrorist networks would invite far more civilian casualties – not just in our cities at home and facilities abroad, but also in the very places –like Sana’a and Kabul and Mogadishu – where terrorists seek a foothold. Let us remember that the terrorists we are after target civilians, and the death toll from their acts of terrorism against Muslims dwarfs any estimate of civilian casualties from drone strikes.
At least Obama is admitting – contrary to CIA director John Brennan’s claims that no civilians have been killed in drone strikes – that there are civilians being killed in these attacks though he is inferring that civilian deaths are not as high as some are reporting (though the Human Rights Institute are saying that some non-government reports are actually under-reporting the numbers) suggesting that the people of the world should believe US assessments rather than ‘non-governmental reports’. (Why would anyone want to believe ‘US assessments’ after the Iraq WMDs fiasco?)
Obama goes on to say that the civilian deaths will ‘haunt him’ and all those involved in the killings for ‘as long as we live’. This is unadulterated and utterly transparent garbage. Obama and his willing killers that operate the drones couldn’t care less about the civilian casualties. They do it time and time again. Thousands of civilians have been killed in drone strikes in Pakistan alone and each time Obama thinks it’s enough just to say; ‘Sorry. We didn’t mean it. We’ll do our best to ensure it doesn’t happen again’, but, of course, it does happen again – and again, and again. Obama then sinks to new low levels of rhetoric by resorting to the use of moral relativism as he attempts to justify civilian deaths by saying that the ‘enemy they are targeting also kill civilians’.
The reality is that Obama and the US kill the enemy off battlefield simply because they can and they really are not in the slightest bit concerned about the civilian deaths except inasmuch that it may adversely effect public opinion; hence the attempts at justification. What doesn’t seem to have been thought through yet is the possibility that America’s enemy may one day have the same ability to kill by remote control. What then when scores of American citizens die when the enemy makes an attempt to assassinate an American political or military leader via a remotely controlled weapon?
France investigates IMF chief over 2007 payout
Press TV – May 23, 2013
French authorities are interrogating International Monetary Fund (IMF) chief Christine Lagarde in connection with a controversial payout to a French tycoon during her term as France’s finance minister.
The 57-year-old appeared in France’s Court of Justice of the Republic (CJR) on Thursday.
The court, which investigates cases of ministerial misconduct, is probing Lagarde’s handling of a dispute in 2007 that resulted in 400 million euros (USD 515 million) payment to the former politician and controversial business figure, Bernard Tapie.
The CJR prosecutors suspect that he was granted the treatment in return for backing former President Nicolas Sarkozy in the 2007 presidential race.
Lagarde, who was France’s finance minister at that time, is accused of being responsible for “numerous anomalies and irregularities” which could lead her to be charged for complicity in fraud and misappropriation of public funds.
The investigation focused on Lagarde’s move in 2007, when she asked a panel of judges to arbitrate in a row between Tapie and the partly state-owned Credit Lyonnais over his sale of sports group Adidas in 1993.
Tapie had accused the bank of defrauding him by deliberately undervaluing Adidas at the time of the sale. He further said that the state – as the former principal shareholder in the bank – should compensate him.
Tapie was previously jailed on charges of match-fixing when he was the president of French football club Olympique de Marseille.
The criminal charges are regarded as the second straight scandal for an IMF chief since Lagarde succeeded Dominique Strauss-Kahn, who quit over allegations of an assault on a hotel maid in New York.
Lagarde, however, has downplayed the investigation.
“There’s nothing new under the sun. Ever since 2011 I had known very well that I will be heard by the investigative commission of the Cour de Justice,” she said last month.
Related article
- Prosecutors grill IMF chief (morningstaronline.co.uk)
Britain seeking to lure kids into army by setting up military schools
Press TV – May 23, 2013
The British government has approved plans for opening controversial military-style state schools as a likely new method to lure British children into the armed forces.
The UK Education Secretary, Michael Gove is proposing a system of a chain of state-funded “free schools” that impose an influential Armed Forces culture at the same time that the United States government plans to do.
The revelation came as the Department for Education granted approval for one military-style school in Oldham – the first of its kind in Britain.
According to the plans, The Phoenix Free School will open from September 2014, which will be staffed by former members of the Armed Forces and led by an active Army captain.
Meanwhile, two campaign groups announced in April that the UK government continues to recruit 16 and 17-year-olds to its armed forces irrespective of the fact that most countries in the world had stopped the practice a long time ago.
The argument stated that while under-18s are banned in Britain from many activities considered harmful — including drinking alcohol and smoking — they are allowed to risk their lives in military exercises.
Jewish settlers injure children in two separate vehicular assaults
By Saed Bannoura | IMEMC & Agencies | May 23, 2013
Palestinian medical sources have reported that two Palestinian children have been seriously injured, on Wednesday, in two separate incidents after being rammed by settlers’ vehicles in the West Bank districts of Hebron and Nablus.
The sources said that a 9-year-old child was seriously injured after being rammed by a settlers’ car east in As-Salayma neighborhood, east of the Ibrahimi Mosque, in Hebron city. She was moved to a local hospital; the settler fled the scene.
Furthermore, a 16-year-old Palestinian child, identified as Marwan Zakariyya ‘As’ous, suffered serious injuries and was moved to the Rafidia Hospital, after being rammed by a settler’s car at the Beta Junction, south of Nablus.
Usama Malhees, head of the Rafidia Hospital, stated that the ‘As’ous suffered various fractures and is currently on life support at the Intensive Care Unit.
On May 14, Hanin Bassem Al-Ja’bary, 7, was injured after a settler rammed her with his vehicle close to the Ibrahimi Mosque, in the Old City of Hebron. The settler fled the scene.
Dozens of claims have been filed with the Israeli police and the military in the occupied territories regarding hit and run ramming incidents carried out by Israeli settlers, but no actual measures were taken on the ground.
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- Three Palestinian children arrested after attack by Jewish settler children – Swedish activist also arrested (alethonews.wordpress.com)
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From the Archives
Does Kevin Barrett Seek to “Absolve Islam of a Terrible Crime”?
The Kevin Barrett-Chomsky Dispute in Historical Perspective – Last part of the series titled “9/11 and the Zionist Question”
By Prof. Tony Hall | American Herald Tribune | August 28, 2016
Amidst his litany of condemnations, Jonathan Kay reserves some of his most vicious and vitriolic attacks for Kevin Barrett. For instance Kay harshly criticizes Dr. Barrett’s published E-Mail exchange in 2008 with Prof. Chomsky. In that exchange Barrett castigates Chomsky for not going to the roots of the event that “doubled the military budget overnight, stripped Americans of their liberties and destroyed their Constitution.” The original misrepresentations of 9/11, argues Barrett, led to further “false flag attacks to trigger wars, authoritarianism and genocide.”
In Among The Truthers Kay tries to defend Chomsky against Barrett’s alleged “personal obsession” with “vilifying” the MIT academic. Kay objects particularly to Barrett’s “final salvo” in the published exchange where the Wisconsin public intellectual accuses Prof. Chomsky of having “done more to keep the 9/11 blood libel alive, and cause the murder of more than a million Muslims than any other single person.” … continue
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