Former CIA Deputy Director for Operations Jose Rodriguez has written a book with the assistance of former Agency press officer Bill Harlow. Hard Measures: How Aggressive CIA Actions After 9/11 Saved American Lives is largely a defense of Rodriguez’s role in the CIA’s use of torture on suspected terrorists in the aftermath of 9/11. Rodriguez argues that what he describes as “enhanced interrogation techniques” were necessary to obtain information on terrorist activities. His employment of the euphemism underscores his argument that these procedures were found to be legal by Bush administration lawyers and that they do not constitute torture, which is a war crime.
In November 2005, Rodriguez, who was a classmate of mine at CIA, ordered on his own authority and contrary to Agency general counsel advice the destruction of 92 videotapes that recorded interrogation sessions in a secret prison in Thailand. This was done, he says, to protect the identities of CIA interrogators from possible reprisals by terrorists, not to cover-up waterboarding being used to obtain information, a procedure he claims was both an acceptable interrogation technique and one that was subject to congressional oversight before it was employed. He does not explain exactly how terrorists could obtain the tapes or be able to make identifications from them; perhaps the idea is that someday the recordings might leak to the public. Whatever its plausibility, or lack thereof, his argument might just as well be a deliberate deception if the primary purpose of his actions was to eliminate evidence of what many would consider a war crime. I leave it up to the reader to decide what explanation is most likely. For what it’s worth, Amazon reviews are running about five to one in praise of the book rather than condemning what it describes.
To promote Hard Measures, Rodriguez has been appearing on a number of television programs. I have seen him on “60 Minutes” with Lesley Stahl and on Bill O’Reilly’s program. He has also appeared with Sean Hannity. Stahl failed to push Rodriguez on the illegality of torture and frequently allowed him to drift into the kind of mumbo-jumbo tradecraft language that we former spies use when we don’t want to answer a question. Rodriguez stated that we (CIA) are part of the “dark side — that’s what we do.” That was the end of the story for “60 Minutes.”
O’Reilly’s interview was somewhat different. Rodriguez seemed unsure of himself, sometimes inarticulate, and was helped along to make the point that the information obtained from enhanced interrogation could not have been obtained any other way. O’Reilly walked him through his assertion that then-Speaker Nancy Pelosi knew all about the waterboarding, but then brought up the account of the interrogation of Abu Zubaydah presented by FBI Special Agent Ali Soufan. Soufan, a member of the interrogation team and Arabic speaker, maintains, with considerable credibility backed up by documents, that the only good information obtained came through established interrogation techniques employed before any torture took place. Rodriguez denied that was so to O’Reilly and became hung up on a discussion of who played the lead role in the interrogation, the CIA or the FBI, before questioning Soufan’s personal history and his reliability as a source.
Agency operations in Afghanistan in 2001-2 were superbly conceived and executed by its Counterterrorism Center, where Rodriguez was deputy, but his book inevitably focuses on trying to defend the indefensible practices that followed. There has been considerable speculation over why the book, with its attendant media blitz, has come out now, in light of the fact that the manuscript had to be approved by the Agency’s Publications Review Board. Was there CIA collusion in its release? Though the review is only supposed to prevent security violations, the Agency tends to be very friendly and helpful to books depicting it in positive terms and hostile to anything perceived as critical. Given the upcoming presidential elections, Hard Measures is also being seen by some as a preemption of any attempt to turn the torture issue into a political football, particularly as Mitt Romney has explicitly approved of the practice. Rodriguez (and the Agency) might be attempting to backstop the Romney position, which otherwise could be difficult to defend.
Another theory is that the long-awaited Senate Select Committee on Intelligence report on CIA interrogation techniques is about to come out and will conclude that the enhanced procedures were, in fact, ineffective. Rodriguez’s account might be intended to stake out a position in advance implying that the Senate report, written by a Democratic majority committee, is politically motivated and therefore “flawed.”
What is most disturbing to me about the book and the interviews is that Rodriguez is apparently seen by some in the media as the “new normal” and even some kind of hero. CIA officers overseas are indeed operating on the “dark side,” in that spying overseas is illegal in the countries where one is operationally engaged. But that does not mean all gloves are off in terms of international and U.S. law, especially in the case of war crimes. It is worth noting that Japanese Army officers were executed in 1946 for waterboarding Allied prisoners, while the Eighth Amendment of the United States Constitution explicitly forbids “cruel and unusual punishment.” The United States is also a signatory to the International Convention on Torture and to the Geneva Conventions. And then there is the War Crimes Act of 1996, which requires the United States Justice Department to prosecute anyone involved in torture, no exceptions. President Obama has refused to permit justice to be served, making him as complicit in war crimes as his predecessor was.
Rodriguez presents himself and his “dark side” persona as representative of CIA thinking about the proper way to fight terrorism, but that is just not so. The assumption that there is broad support inside the Agency for the use of torture presumes that anyone working there was ever actually asked for an opinion. The CIA undoubtedly has a peculiar culture that breeds an us-against-them mentality, but I would guess that few employees would have supported waterboarding if they had known it was occurring. The procedure was top secret inside the Agency, a clear indication that even the upper echelons of CIA management knew that it was at best questionable. The impression that CIA, which has something like 20,000 employees, marches in lockstep as some kind of secret army is ridiculous. Nobody checks his or her conscience at the door when entering the building. Agency analysts resisted endorsing the false intelligence used to justify war with Iraq, and they continue to hold the line against a conflict with Iran. I would also note the large number of former intelligence officers who have become outspoken in the antiwar movement: Ray McGovern, Michael Scheuer, Paul Pillar, Bill and Kathleen Christison, and Flynt and Hillary Mann Leverett.
Rodriguez might find comfort in his apologia pro vita sua, but I rather suspect his is a voice in the wilderness. Thankfully, I do not know anyone inside the intelligence community who considers torture morally acceptable under any circumstances, and most intelligence officers would regard its use ipso facto as an egregious failure. Secret prisons, renditions, and enhanced interrogations are characteristic of police states, not constitutional republics. Thirty-six years ago Rodriquez and I together took an oath to defend the Constitution of the United States of America. Today he would be well advised to remember that moment.
Philip Giraldi, a former CIA officer, is executive director of the Council for the National Interest.
Israel is a parliamentary democracy represented by a very large number of parties, with universal suffrage for all citizens, regardless of race, religion or sex …
— CIA World Fact Book, 2011
This week a sobering and highly informative closed door seminar was held on the plight of Palestinian Prisoners in the elegant surroundings of London’s Westminster Central Hall, a stone’s throw away from the Houses of Parliament and the 11th century Westminster Abbey, the all affirmation of stability and continuity — in starkest contrast to testimony at the proceedings of the meeting.
The seminar, hosted by Middle East Monitor, had been planned and organized at the height of the Palestinian prisoners’ hunger strike. Although most prisoners are reported to have ended their desperation-driven fasts following a deal with the Israeli authorities, the issues surrounding their shocking treatment and imprisonment are unchanged.
Sabah al Mukhtar, President of the Arab Lawyers Association, who chaired the gathering, opened by reminding that, “A basic right of a people under occupation is to resist.”
Further, that the Fourth Geneva Convention is specific as to the treatment of prisoners, with absolute outlawing of abuse and stipulation of legal conditions which must include humane treatment, being regarded as innocent until proven guilty and speedy access to legal representation — a far cry from the conditions for Palestinian prisoners in Israeli jails.
Lord Alf Dubs, who serves on the Parliamentary Committee on Human Rights, talked of a visit to the West Bank last year. Unable to visit a prison, he did attend an Israeli Military Court and was shocked at what he witnessed.
Remarking on security so tight that not even business cards were allowed in, he was struck by the age of the prisoners. Many were children, including one of fourteen. A fifteen year old was in tears in the dock, a sight Lord Dubs found profoundly disturbing.
The majority of children, he learned, were picked up in the early hours of the morning and incarcerated with no access by parents, no lawyer until they were in the dock, thus no explanation of procedures, discussion of case and, above all, semblance of reassurance. Handcuffs were taken off as they came through the door of the Court, but all were in shackles in the dock. Most defendants were: “just throwing stones.” The Court had no cctv; thus, no record of any miscarriage of justice.
Parents are often denied access to detained children for at least two months. Article 77 of the Geneva Convention states that: “Children shall be the object of special respect (and provided) with the care and aid they require.” The reality, concluded His Lordship, was “a stain” on the Israeli establishment.
Chairman of the UK-based charity, Lawyers for Palestinian Human Rights, Tareq Shrourou, stated that at every stage childrens’ rights are abused “from detention to incarceration, to release.” Sixteen and seventeen year olds are still treated as adults in detention. In the West Bank it is not the police, but the army who conduct arrests, whether of children or adults.
Children, as are adults, are blindfolded, in addition to being handcuffed and shackled. Blindfolding is also in defiance of the Geneva Convention.
“That the military might of Israel is threatened by children throwing stones is laughable”, commented al Mukhtar, adding that the whole concept of Military Children’s Courts were legally “outlandish.”
“In the past eleven years alone, around seven thousand five hundred children, some as young as twelve years, are estimated to have been detained, interrogated, and imprisoned …”1
It should be noted that a Palestinian detainee can be interrogated for a period of one hundred and eighty days, during which he or she can be denied a lawyer for ninety days. During interrogation a detainee can be subject to varying levels of torture, physical and/or psychological.
This was graphically described by an urbane, quietly spoken man (name withheld by request) who described the reality of being detained for the first time at fifteen years old.
“I was imprisoned in 1987, 1988, 1990 and 1992 then deported to South Lebanon.”
In 1987, as a student, he had been one of a number who were taken from their school by the authorities, to a detention centre. He was, he said, punched, interrogated, beaten for two months, then released for lack of evidence of any wrongdoing.
In 1988, he stated, in the night, his home “was stormed.” Soldiers rushed to his bedroom pointing guns at him as he awoke and struggled up. He was taken, blindfolded, his hands tied with plastic cuffs.
In prison he was “put in a yard. There were eight rooms on one side and cells on the other. In each room there was a different torture. I visited all eight.”
His head, he said, was banged hard against the wall, on the table as he sat; he was near choked by extreme pressure on his throat; a ruler was banged hard on his nose “in a way that makes you lose control of your head.” Eventually he lost consciousness.
Made to raise his head, stunning blows under the chin resulted.
He described a “breaking chair fall” after which “you are punched whichever way you move.” And, he recounted, “female soldiers practice sex in front of you. Even as a child I knew how to keep a blind eye.” Shades of Abu Ghraib.
Failure to confess resulted in threats of death, “But I had nothing to tell.” He was finally released after sixty-four days due to no evidence.
He was arrested and released without charge again in 1990. In 1992 he was deported to Lebanon.
He was just twenty years old, with a life’s horrors already lived and childhood’s chrysalis years of discovery and approaching adulthood lost to Israeli jail’s nightmares.
The UN Convention on the Rights of the Child, to which Israel is a signatory, is specific:
In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.
Article 37(b) of the Convention adds:
The arrest, detention or imprisonment of a child… shall be used only as a measure of last resort and for the shortest appropriate period of time.2
The anomaly of the uniqueness of the military court system in Israel was addressed in detail as “an exception under all laws. A military court must deal with military people, not civilians, not minors.” A further anomaly is that there is no legal appeal system. An appeal is “an administrative decision, made usually not by a judge, or even a lawyer.”
Khaled Almudallal, representing Ufree, the European network to support the rights of Palestinian Prisoners, reminded that, incredibly, there are twenty-seven Palestinian parliamentarians of the Palestinian Legislative Council and two Ministers being held in detention.
A near forgotten tragedy has an equally forgotten background:
As candidates prepared for elections to the Palestinian Legislative Council (PLC) in 2006, the Israeli authorities began a campaign of detention and imprisonment … The 2006 Palestinian elections were overseen by international observers who declared them to be free and fair (thus) Hamas (became) the democratically elected Palestinian government.
Wrong kind of democracy, thus the democratically elected remain illegally detained by representatives of a people who, ironically, were given by James Arthur Balfour, a “national home” within “Palestine.” The famed letter has no mention of a “State”. This “home”, it specifies, is conditional on:
… it being clearly understood that nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine …
The injustices of historic enormity, legal and territorial, in violation of human rights under a swathe of international legislation, continue unabated – to be met by “the silence of the world”, commented al Mukhtar, adding, regarding the prisoners: “As far as I know, Middle East Peace Envoy Tony Blair, has been equally silent.”
However, the international community is not silent. The Boycott movement gains massive strength. Coincidentally, on the day of the Seminar, the Israeli Ambassador to South Africa had been due to address the University of KwaZulu-Natal. The event was cancelled by the University’s Deputy Vice Chancellor, Joseph Ayee, at twenty-four hour’s notice, due to the “likely reputational damage” it would bring the university.3
Politics Professor, Lubna Nadvi, said the university’s decision represented the general sentiment among students and staff. “Israel is fast becoming a pariah state, like Apartheid South Africa did, that no one really wants to be associated with, including academics and students,” the Professor is quoted as saying.
Yet destruction of Palestinian lives and history, sacred to all nations, is ongoing and six thousand prisoners remain in jail, and in beyond anything that would be recognized as a justice system in a functioning democracy.
In spite of the hunger strike agreement, there is so little progress from Israel, that there are fears that the only negotiating tool those held have – their lives – may be again put on the line.
Organizations represented at the Seminar are working closely with those involved in the Northern Ireland hunger strike to devise a way forward for both sides.
One suggestion, from British MP Jeremy Corbyn, is forming an international friendship network with prisoners, especially corresponding.
At a “Special Session on Children” at the United Nations on May 9. 2002, the Israeli Minister of Justice stated, in a lengthy address, Israel’s commitment to:
Extending the hope and promise of childhood to the millions of children that continue to suffer, even in an era of unprecedented global prosperity, means reducing poverty, protecting children from the scourge of war and violence … providing all children with adequate healthcare, clean water, basic education, and a nurturing and protective environment in which they can grow and thrive.
The yawning chasm between fine aspirational statements and reality on the ground could hardly be starker. For every child taken into custody, childhood dies at that moment.
For every parent arbitrarily held, they know not when they will see their children and family again. Some have shared none of their children’s formative years at all.
“Our revenge will be the laughter of our children”, wrote Ireland’s Bobby Sands, who died on the 66th day of his protest hunger strike, on May 5. 1981, four days short of his birthday. When there is nothing left to lose to achieve justice, those deprived will eventually sacrifice the last tragic bargaining tool in humanity’s creative box to achieve it.
Since the guests became occupiers, Palestine’s children and their parents have now waited sixty-four years to laugh freely.
WEST BANK — Haaretz newspaper said the Israeli civil administration issued 13,000 demolition warnings against Palestinians accused of unlicensed construction in Area C of the West Bank.
The newspaper stated in a report that Israel intensified its construction restrictions on the Palestinian citizens in the villages and towns of the West Bank and seeks to prevent them from building through creating criminal files against them.
It said the civil administration increased the issuance of severe penalties against the Palestinians in all villages and towns located within Area C under Israel’s control.
Its report underlined that the civil administration was active recently in the demolition of many Palestinian homes and structures including schools in Al-Khalil city at the pretext of unlicensed construction.
The report pointed to the UN office for the coordination of humanitarian affairs’ recent report which condemned Israel’s restrictions on construction permits for Palestinians and its demolition of their homes while encouraging settlement construction.
Shiri Krebs is a PhD student at Stanford University law school. She was an international law advisor to Israeli Supreme Court president Dorit Beinisch and a researcher at the Israel Democracy Institute. She published a paper (for Hebrew readers, Haaretz offers this story) this month in the Vanderbilt Journal of Transitional Law about the rubber stamp offered by the Israel’s highest court to the security services in cases of administrative detention. She pointedly argues against the reputation the Court enjoys for being “interventionist” in protecting the rights of security detainees and offering a robust defense of democratic rights.
Surprisingly, she notes that there are those in the legal community who are proposing that Israel’s system both of administrative detention and judicial review are being offered as a model for other countries facing terror threats. In fact, the National Defense Authorization Act codifies a U.S. version of indefinite administrative detention as Reuters notes:
The section authorizes indefinite military detention for those deemed to have “substantially supported” al Qaeda, the Taliban or “associated forces.”
Does a journalist who objects to targeted killings of al-Qaeda operatives in Yemen or Pakistan “substantially support” it? What about supporting Bradley Manning or Wikileaks? You say no and I say no, but neither of us will be interpreting the law. The Justice Department, just like the Israeli state prosecutor, will be. What will its standard be? Thankfully, a federal judge issued a stay regarding enforcement of this provision of the law.
Krebs rejects Israel as a viable legal model:
…They [the research and interviews conducted in preparing the article] cast doubt on arguments that Israel’s detention model is one that should be emulated by other countries…The legal framework [of administrative detention and judicial review] itself makes independent judicial review of detention exceedingly challenging, if not impossible.
The paper is especially important in light of the hunger strikes of 1,600 Palestinian prisoners who were protesting precisely the types of arbitrary administrative detentions Krebs discusses in her paper. The protesting prisoners complained about the arbitrary nature of their detention and the fact that often the evidence against them was secret both to them and their lawyers. In essence, they neither knew who was their accuser, what they were accused of, nor what evidence was offered. Six-month sentences could be renewed without offering any new evidence and renewed virtually forever. A number of prisoners were held for years under similar terms.
Krebs’ research examines 322 cases brought before the High Court between 2000-2010, in which Palestinian detainees appealed against their sentences. Of these, the Court reversed the sentences in none of the cases:
…Out of the 322 cases decided by the Israeli Supreme Court in this period, not a single case resulted in a release order, and in none of the cases did the Court openly reject the secret evidence.
In one-third of the cases, the detainee would drop his appeal after a deal was struck with the state attorney. But such deals were inherently one-sided since the State controlled virtually the entire process and made an offer the defense couldn’t afford to refuse: the defense knew the Court would never reverse the security services and had to accept the crumbs it was offered.
When the Court does render its decisions in these cases, the justices themselves rarely get to see the evidence the State used to detain the suspect. They rarely know much, if anything about the detainee or his case. They rarely conduct an adversarial inquiry into the charges. Their decisions often run only a few lines, if that. A long one might extend three pages.
This dynamic is at work in virtually all security cases, even ones not involving administrative detention. Detainee-victims like Ameer Makhoul and many others who face life sentences for their alleged crimes, know that if they don’t bargain away their freedom by accepting “reduced” sentences, they will spend their entire lives behind bars. They know there is virtually no chance the court will find in their favor. Another victim like Dirar Abu Sisi has refused a plea deal, but the State has kept him bottled up in prison for several years without trial. That is the price a prisoner pays for maintaining his pride and his innocence by not “taking the deal.”
In this sense, the “shadow of the Court” provided a threat that persuaded the State to plea down charges, but it was often a weak and toothless one. Even in cases where detainees had charges against them dropped it didn’t result in their immediately being freed.
The law journal article is fascinating because it offers an intimate portrait of the personal discomfort felt by Israeli justices in the face of these security cases. The moral queasiness they experience is embarrassing because it reveals their willingness to suspend their usual judicial demeanor in deference to the security powers of the State. Here are some of the personal statements Krebs records:
This is not ideal. [Administrative detentions] represent a certain devaluation of our system of values, but there is no other choice.
–Justice E, Israeli Supreme Court
I feel responsibility . . . . There is a war going on . . . the phrase that a democracy fights with one hand tied behind its back is a nice metaphor . . . is a nice phrase to frame on the wall, but it is not suited for real everyday life.
–Justice B, Israeli Supreme Court
You have a feeling of discomfort. I never enjoyed sitting in administrative detention cases. No one enjoys it. Judges don’t like these cases, because we are trained to criminal proceedings, with witnesses, cross-examination . . . It is not pleasant. You want to run away from it as fast as you can, but you know that it is necessary for the sake of your people and country.
–Justice B, Israeli Supreme Court
The judges cannot differ with the ISA story. How can I? I don’t have the defense lawyer jumping to say “it never happened,” “this is not true.” My ethos, as a judge, is that I have two parties. Of course, I can think by myself, but I need tools, which are missing . . . to the most I have very limited tools
–Justice D, Supreme Court
The state attorneys should also come to the hearing nervous and tense—but they are always very relaxed. They know that no matter what they say or do, they will always win…
There is no judicial discretion here, since the Justices do not know the facts. They don’t have the tools to decide what the level of dangerousness is . . . in one of the cases in which I served as defense lawyer, it took the ISA two years to tell him [the detainee S.K.] what the allegations against him were. Then, when I asked my client about it, it turned out that it was a murder case that happened near his house, in which he had no involvement with whatsoever. When I brought this to Court and asked the ISA representatives about it––I could tell that the Justices knew nothing about it. I could see their surprise. It then took two more detention orders until he was finally released.
–Defense lawyer C
“In some cases even I felt that it was too easy,”
–State Attorney A
With all the good will on the part of everybody, there is no way to conduct a fair ex parte hearing. The human nature and the dynamic of the process prevent fair hearing of the case.
–State Attorney B
The negotiation with the ISA [Israeli state attorney] is bad, because it is blind on the detainee’s part. If the ISA agrees, in the negotiation with the detainee’s lawyer, to issue only one more detention order, or even to release him at the end of the current detention order, it means that the case is weak, and therefore the detainee should have been released immediately.
–Defense attorney D
The more reasoned judicial decisions are no more than a bunch of clichés, since they are not implemented . . . the Justices talk highly about being the “detainee’s mouth,” but they can’t. How can they be his mouth, when they know nothing at all about his side of the story?
–Defense lawyer B
In her conclusion, Krebs draws the following lessons:
The Court systematically avoids issuing release orders, and demonstrates minimal intervention with regard to the assessment of the secret evidence. As both the case law analysis and the interviews demonstrate, the Court refrains from openly and blatantly opposing the ISA assessment of the secret evidence…
…The research findings [reveal]…the vulnerability of democracies under stress to intolerant and illiberal mechanisms. The research reveals the weaknesses of judicial protections against prolonged and arbitrary detentions, and highlights the unique challenges posed by secret evidence to fair judicial proceedings. Unfortunately, detention proceedings become an “assembly line” in which “enemies”, “terrorists” or just “others” are constantly losing one of their most basic and valued human assets: their freedom.
Krebs’ analysis proves the justice of the wide-scale Palestinian protest against the administrative detention regime. You’ll recall that in spite of defense appeals to the Supreme Court to spare the lives of their hunger striking clients, the justices refused to intervene. They simply refused to provide adequate oversight or judicial review of the actions of the secret police in so-called terror/national security cases.
She notes that use of this tactic has declined over the years. Perhaps the protests will bring about an even greater drop in such charges. If so, it can’t happen too soon. This is not just a blemish, it’s a tumor on the Israeli judicial system. It brings the justices into a process of collusion with the security services, rather than a relationship of healthy skeptical review as should happen in a normal democracy. It cheapens the rule of law and undermines it severely.
Though I am neither a lawyer nor human rights specialist, I’ve often written here about violations of fairness and due process in the Israeli judicial process concerning national security cases. Supporters of this reprehensible system have argued here that I’ve exaggerated and asked for irrefutable proof for my claims. As far as I’m concerned, Krebs has offered this incontrovertible evidence in her quantitative analysis of the shortcomings of the Israeli legal system.
In a PNN report today, the Al-Ahrar Centre for Prisoners’ Studies and Human Rights stated that on Wednesday, May 23rd, prisoner Sameh Elaiwe, 50, was transferred from Nablus city to Administrative Detention one hour before his scheduled release date.
Administrative detention is detention without charge or trial that is authorized by administrative order as oppose to a fair and just judicial decree.
Foad al-Khafsh, head of Al-Ahrar, affirmed that on Tuesday the Israeli military brought Elaiwe’s case before the court, accompanied by his lawyer Fares Abu al-Hassan. The court ordered Elaiwe’s release for the following day.
However, Israeli intelligence petitioned to overturn the decision after Elaiwe’s lawyer had left the court, and the Court transferred the prisoner to the administrative detention centre for four months.
Al-Khafsh alleged that Israeli intelligence deliberately intends to break the spirits of the prisoners, and questioned whether the military have actually agreed to stop the policy of Administrative Detention when in fact they appear to be using it more than before the hunger strikes.
More than 25 cases have been transferred to Administrative Detention since the Israeli prisons administration and the Supreme Committee for Prisoners signed their agreement on May 14th.
Nicholas D. Kristof of the New York Times has been traveling to “third world” countries to find evidence of male cruelty to women. He’s found plenty. He recently visited a Native-American reservation. His article left out the statistics that show that among American women, Native American women are the only group where outsiders commit the majority of the rapes.
I wrote him a letter asking why? No answer.
The last time I wrote him at least the Times had a black guy reply, vouching for his character.
House Republicans are balking over whether Tribal courts can bring these “outsiders” to justice. Why are Republicans and the Times (NYT, May 23, 2012) protecting these outsiders by not identifying these “non-Indians”?
I visited Sitka, Alaska in October. I was the only black guy in town. So maybe it’s not the brothers, your typical media, literary, Broadway show and Ms.Magazine rapist. Maybe Kristof can tell us who these mystery “non-Indians”are?
Ishmael Reed is the publisher of Konch. The latest issue includes a brilliant take on the post-black entrepreneurs by Houston Baker, Jr. His latest collection of essays, ”Going Too Far: Essays About America’s Nervous Breakdown,” is forthcoming from Baraka Press.
Monday May 21 is the third day in a row of Israeli military exercises in and around the small Palestinian village of Khirbet Atwayel outside Nablus. These exercises prevent the farmers from working on their lands and force the villagers to sleep under the sound of heavy shelling with the constant presence of soldiers.
Khirbet Atweyel is a village located on the slopes West of the Jordan valley. The 18 families that reside there are almost exclusively farmers and have been victims to the actions of the Israeli Occupation Forces (IOF) for a long time.
Every month, Israeli soldiers arrive, erect tents, and stay for a few days while they receive various kinds of military training. These include the shooting of live rounds, rocket missiles, and other heavy artillery. During these days, the farmers are denied entry to their own lands and can only stand aside and watch while soldiers drive their jeeps and other vehicles over the fields.
Volunteers with the International Solidarity Movement (ISM), together with members of the municipality of the nearby town of Aqraba, approached the village on Monday, May 21.
“As usual, the soldiers stop their activities when they see internationals in the village. Only ten minutes ago they were shooting rockets on the hills a couple of hundred meters from the town’s houses,” Basem, the mayor of Khirbet Atwayel says.
Later, whilst two ISM activists attempted to approach the field in order to better photograph the military tents, Israeli soldiers opened fire nearby. The activists were forced to turn around and flee the way they came. A rocket was fired on an adjacent hill, creating an ear piercing bang.
“These rockets are the kind of weapons they usually shoot at night. If you come here between 10-11 p.m. you will find they shoot dozens, making it impossible to sleep,” Basem says.
The military training, however, is only one of many aspects of oppression that the people of Khirbet Atwayel suffer on a daily basis. Like many other villages in the Jordan valley, Khirbet Atwayel is in Area C. It is under full Israeli civil and military control. One result is that the villagers are not allowed to have wells or water cisterns. Instead, they are forced to buy water from Aqraba and transport it in tanks to their houses. This makes the basic necessity of water enormously expensive. Irrigation of crops has become impossible and farmers are left to hope that the winter will bring enough rain.
When asked for his thoughts about the future of his village, Basem replied, “the occupiers are obviously trying to get rid of us, but we were born in this village and this land has been within our families for generations. We will never leave and give up what is rightfully ours.”
BETHLEHEM – Israeli authorities should release the director of a new Palestinian satellite broadcaster who has been detained since Thursday, the Committee to Protect Journalists said Tuesday.
“Israeli authorities should consider the message they are sending by imprisoning the head of a station that covers news about prisoners,” said Mohamed Abdel Dayem, CPJ’s coordinator for Mideast issues.
“Authorities should not be holding Bahaa Khairi Moussa, and certainly not without explanation. He should be released immediately, and the station’s equipment should be returned.”
Moussa, the general director of the Palestine Prisoner Channel, was arrested Thursday in Jenin. Soldiers confiscated his station’s equipment during the raid, his colleagues said.
Reporters Without Borders, meanwhile, strongly condemned the arrest.
“Such abuses aimed at stifling the Palestinian media must cease,” the group said Monday.
“This is the third time since the start of 2012 that the Israeli authorities have victimized a Palestinian media organization. We call for the immediate release of Baha Mousa and the return of all confiscated equipment,” the Paris-based group said in a statement.
It called the raid “illegal under international law” because it took place in Palestinian territory.
In April, soldiers shut down the officers of a new broadcaster in occupied East Jerusalem and in February, soldiers raided two Palestinian TV stations, Watan and Al-Quds TV in Ramallah.
RAMALLAH – A Gaza engineer kidnapped by Israel in the Ukraine last year is the last remaining prisoner held in solitary confinement, after the hunger-strike deal sought to end the practice, his lawyer said Tuesday.
Dirar Abu Sisi is still being held in an isolation cell in Ashkelon prison, while all others have been returned to normal wards, lawyer Karim Karim Ajwah said, noting his case was “kept secret in an unusual way.”
Abu Sisi disappeared in February 2011 while traveling on a train in Ukraine and Israel later announced that it was holding him in a southern Israeli jail.
A former head of the Gaza power plant, he is accused of working with Hamas to improve its rocket technologies.
Abu Sisi threatened to refuse food and water if promises to move him from solitary confinement are not fulfilled.
He asked his lawyer to contact Egypt to intervene in his case, after the country brokered a deal last Tuesday between Israeli authorities and Palestinian prisoners to end a mass hunger strike in Israeli jails.
The agreement included a commitment to move isolated prisoners to normal cells within 72 hours, according to prison representatives.
Introduction: By any historical measure, whether it involves international law, human rights conventions, United Nations protocols, socio-economic indicators, the policies and practices of the United States and European Union regimes can be characterized as extremist. By that we mean that their policies and practices result in large scale long-term systematic destruction of human lives, habitat and likelihood affecting millions of people through the direct application of force and violence. The extremist regimes abhor moderation which implies rejection of total wars in favor of peaceful negotiations. Moderation pursues conflict resolution through diplomacy and compromise and the rejection of state and paramilitary terror, mass dispossession and displacement of civilian populations and the systematic assault on popular sectors of civil society.
The first decade of the 21st century has witnessed the West’s embrace of extremism in all of its manifestation both in domestic and foreign policy. Extremism is a common practice by self-styled conservatives, liberals and social-democrats. In the past, conservative implies preserving the status quo and at most tinkering with change at the margins. Today’s ‘conservatives’ demand the wholesale dismantling of entire social welfare systems, the elimination of traditional legal restraints on labor and environmental abuses. Liberals and social democrats who in the past, occasionally, questioned colonial systems have been in the forefront of prolonged multiple colonial wars which have killed and displaced millions in Iraq, Afghanistan, Libya and Syria.
Extremism both in terms of methods, means and goals has obliterated the distinctions between center left, center and rightwing politicians. Moderate opponents to policies subsidizing a dozen major banks and impoverishing tens of millions of workers are called the “hard left”, “extremists” or “radicals”.
In the wake of the extremist policies of public officials, the respectable, prestigious print media have engaged in their own versions of extremism [1]. Colonial wars that devastate civil society and materially and culturally impoverish millions in the colonized country are justified, embellished and made to appear as lawful, humane and furthering secular democratic values. Domestic wars on behalf of oligarchies and against wage and salaried workers, which concentrate wealth and deepen despair of the dispossessed are described as rational, virtuous and necessary. The distinctions between the prudent, balanced, prestigious and serious media and the sensationalist, yellow press have disappeared. The fabrication of facts, blatant omissions and distortions of context are found in one as well as the other.
To illustrate the reign of extremism in officialdom and among the prestigious press, we will examine two case studies: US policies toward and the Financial Times and New York Times reportage on Colombia and Honduras.
Colombia: The “Oldest Democracy in Latin America” versus “the Death squad Capital of the World”
Following on the heels of euphoric eulogies of Colombia’s emergence as a poster boy in an April issue of Time, and in the Wall Street Journal, the New York Times, and the Washington Post, the Financial Times ran a series of articles including a special insert on Colombia’s political and economic “miracle”, “Investing in Colombia” [2]. According to the FTs leading Latin American journalist, one John Paul Rathbone, Colombia is the “oldest democracy in the hemisphere” [3]. Rathbone’s rapture for Colombia’s President Santos extends from his role as an “emerging power broker” for the South American continent, to making Colombia safe for foreign investors and “exciting the envy” of other less successful regimes in the region. Rathbone gives prominence to one Colombia business leader who claims that Colombia’s second biggest city “Medellín is living through its best of times” [4]. In line with the opinion of the foreign and business elite, the respectable print media describe Colombia as prosperous, peaceful, business friendly-charging the lowest mining royalty payments in the hemisphere – a model of a stable democracy to be emulated by all forward-looking leaders. Colombia under President Santos, has signed a free trade agreement with President Obama, his closest ally in the hemisphere [5]. Under Bush the trade unions, human rights and church groups and the majority of Congressional Democrats were successful in blocking the agreement on the basis of Colombia’s sustained human rights violations. When Obama embraced the free trade agreement, the AFL-CIO and Democratic opposition evaporated, as President Obama claimed a vast improvement in human rights and the commitment of Santos to ending the murder of trade union leaders and activists [6].
The peace, security and prosperity eulogized by the oil, mining, banking, and agro-business elite are based on the worst human rights record in Latin America. With regard to the murder of trade unionists Colombia exceeds the entire rest of the world. Between 1986-2011 over 60% of the trade unionists assassinated in the world took place in Colombia, by the combined military-police-paramilitary forces, largely at the behest of foreign and domestic corporate leaders [7]. The “peace” that Rathbone and his cohort at the Financial Times praise is at the cost of over 12,000 assassinations and arrests, injuries, disappearances of trade unionists between January 1, 1986 and October 1, 2010 [8]. In that time span nearly 3,000 trade union leaders and activists were murdered, hundreds were kidnapped or disappeared. President Santos was the Defense Minister under previous President Alvaro Uribe (2002-2010). In those eight years, 762 trade union leaders and activists were murdered, over 95% by the state or allied paramilitary forces [9].
Under Presidents Uribe Santos 2002 – 2012 over 4 million peasants and rural householders were displaced and dispossessed of their homes and their lands were confiscated and taken over by landlords and narco- traffickers [10]. The terror tactics employed by the regimes counter-insurgency strategy served a dual purpose of repressing dissent and accumulating wealth. The Financial Times journalists ignore this chapter in Colombia’s “resurgent growth”. They are especially enthused by the “security” that ensued because large scale foreign investment, over $6 billion dollars, in 2012 flowed into mining and oil regions that were formerly “troubled” by unrest [11].
Leading drug lords, who were closely linked to the Uribe-Santos regime, and were subsequently jailed and extradited to the US have testified that they financed and elected one-third of the Congress people affiliated with Uribe-Santos party in what Rathbone refers to as Latin America’s “oldest democracy”. According to Salvatore Mancuso, ex-chief of the former 30,000 member United Self-Defense of Colombia paramilitary death squad, he met with then, President Uribe, in different regions of the country and gave him money and logistical support in his re-election campaign of 2006. He also affirmed that many national and multi-national corporations (MNC) financed the growth and expansion of the paramilitary death squads. What Rathbone and his fellow journalists at the FT celebrate as Colombia’s emergence as an investor’s paradise is writ large with the blood and gore of thousands of Colombian peasants, trade unionists and human rights activists. The gory history of the Uribe/Santos reign of terror has been completely omitted from the current account of Colombia’s “success story”. Detailed records of the brutality of the killings and torture by Uribe/Santos sponsored death squads, which describe the use of chain saws to cut limbs from peasants suspected of leftist sympathies, are available to any journalist willing to consult Colombia’s leading human rights organizations [12].
The death squads and military act in concert. The military is trained by by over one thousand US Special Forces advisers. They arrive in a village in a wave of US supplied helicopters, secure the region from guerillas and then allow the AUC terrorists to savage the villages, killing, raping and disemboweling men, women and children suspected of being guerilla sympathizers. The terror tactics have driven millions of peasants out of the countryside.
Allowing the generals and drug lords to seize their land
Human rights advocates (HRA) are frequently targeted by the military and death squads. President Uribe and Santos first accuse them of being active collaborators of the guerillas for exposing the regime’s crimes against humanity. Once they are labeled, the HRA became “legitimate targets” for armed assaults by the death squads and the military who act with complete impunity. Between 2002-2011, 1,470 acts of violence were perpetrated against HRA, with a record number of 239 in 2011, including 49 assassinations during the Presidency of Santos. [13] Over half of the murdered HRA are Indians and Afro-Colombians.
State terrorism was and continues to be the main instrument of rule under Presidents Uribe and Santos. The Colombian “killing fields” according to the Fiscalia General include tens of thousands of homicides , 1,597 massacres and thousands of forced disappearances between 2005 – 2010 [14].
The practice, revealed in the Colombian press, of “false positives” in which the military kidnaps poor young men, dresses them as guerrillas and then assassinates them, comes across in the respectable US print media as evidence of Santos/Uribe’s military successes against the guerrillas. There are 2,472 documented cases of military false positive murders [15].
Honduras: New York Times and State Terrorism
The New York Times featured an article on Honduras, emphasizing the the regime’s “co-operation” with the US drug war. [16] The Times writer Thom Shanker speaks of a “partnership” based on the expansion of three new US military bases and the stationing of US Special Forces in the country. [17]
Shanker describes the successful operation of the Honduras Special Operations forces guided and directed by trainers from the US Special Forces. Shanker mentions a visit by a delegation of Congressional staff members who favorably assessed the local forces respect of human rights, and cites the US ambassador in Honduras as praising the regime as an “eager and capable partners in this joint effort”. [18]
There are insidious parallels between the NY Times white wash of the criminal extremist regime in Honduras and the Financial Times’ crude promotion of Colombia’s death squad democracy.
The current regime headed by “President” Lobos- which invites the Pentagon to expand its military control over swathes of Honduran territory- is a product of a US backed military coup which overthrew an elected liberal President on June 28, 2009, a point Shanker forgets to mention. Lobos, the predator president, retains control by killing, jailing and torturing critics, journalists, human rights defenders and landless rural laborers seeking to reclaim their lands which were violently seized by Lobos’ landlord backers.
Following the military coup, thousands of Honduran pro-democracy demonstrators were killed, beaten and arrested. According to conservative estimates by Human Rights Watch 20 pro-democracy dissidents were murdered by the military and police. [19] Between January 2010 and November 2011 at least 12 journalists critical of the Lobos regime were murdered.
In the countryside, where NY Times reporter Shanker describes a love fest between the US Special Forces and their Honduran counterparts, between January and August 2011, 30 farm workers in northern Honduras Bajo Aguan valley were killed by death squads hired by Lobos backed oligarchs . [20] Nary a single military, police or death squad assassin has been judged and jailed. Coup leader Roberto Micheletti and President Lobos, his successor, have repeatedly assaulted pro-democracy demonstrations, especially those led by school teachers, students and trade unionists and have tortured hundreds of jailed political dissidents. Precisely in the same time span as the NY Times publishes its most euphoric article on the friendly relations between the US and Honduras, the death toll among pro-democracy dissidents rose precipitously: eight journalists and a TV commentator have been killed over the first 4 months of 2012. [21] In late March and early April of 2012 nine farm workers and employees were murdered by pro-Lobos landlords. [22] No arrests, no suspects, impunity reigns in the land of US military bases. The Times follows the Mafia rule of omega-silence and complicity.
Syria: How the FT Absolves Al Qaeda Terrorists
As western backed terrorists savage Syria, the Western press, especially the Financial Times, continues to absolve the terrorists of setting of car bombs killing and maiming hundreds.of civilians. With crude cynicism their reporters shrug their shoulders and give credence to the claims of the London based terrorists propaganda mongers, that the Assad regime was engaged in destroying its own cities and security forces.[23]
Conclusion
As the Obama regime and its European backers publicly embrace extremism, including state terror, targeted assassinations and the car bombing of crowded cities, the respectable press has followed suit. Extremism takes many forms –from the omission of reports on the use of force and violence in overthrowing adversary regimes to the cover-up of the wholesale murder of tens of thousands of civilians and the dispossession of millions of peasants and farmers. The “educated classes”, the affluent reading public are being indoctrinated by the respectable media to believe that a smiling and pragmatic President Santos and elected President Lobos have succeeded in establishing peace, market based prosperity and securing mutually beneficial free trade and military base concessions with the US—even as the two regimes lead the world in the murder of trade unionists and journalists. Even as I read, on May 15, 2012 that the US Hispanic Congressional caucus has awarded Lobos a leadership in democracy award, the Honduran press reports the murder of the news director of station HMT Alfredo Villatoro, the 25th critical journalist killed between January 27, 2010 and May 15, 2012. [24]
The respectable press’s embrace of extremism, its use of demonological terminology and vitriolic language to describe imperial adversaries is matched by its euphoric and effusive praise of state and pro-western mercenary terrorists. The systematic cover-up practiced by extremist journalism goes far beyond the cases of Colombia and Honduras. The reportage of the Financial Times Michael Peel on the NATO led destruction of Libya, Africa’s most advanced welfare state, and the rise to power of armed gangs of fanatical tribal and Islamic terrorists, is presented as a victory for a democracy over a “brutal dictatorship” [25]. Peel’s mendacity and cant is evident in his outrageous claims that the destruction of the Libyan economy and the mass torture and racial murders which ensued NATOs war, is a victory for the Libyan people.
The totalitarian twist in the respectable press is a direct consequence of its toadying to the extremist policies pursued by the western regimes. Since extremist measures, like the use of force, violence, assassination and torture, have become routine under the incumbent presidents and prime ministers, the reporters have no choice but to fabricate lies to rationalize these crimes, to spit out a constant flow of highly charged adjectives in order to convert victims into executioners and executioners into victims. Extremism in defense of pro-US regimes has led to the most grotesque accounts imaginable: Colombia and Mexico’s Presidents are the leaders of the most thoroughly narcotized economies in the hemisphere yet they are praised for their war on drugs, while Venezuela the most marginal producer is stigmatized as a major narco-pipeline. [26]
Articles with no factual bases, which are worthless as sources of objective information, direct us to seek for an underlying rationale. Colombia has signed a free trade agreement which will benefit US exports over Colombian by over a two to one ratio [27]. Mexico’s free trade policy has benefited US agribusiness and giant retailers by a similar ratio.
Extremism in all of its forms permeates Western regimes and finds its justification and rationalization in the respectable media whose job is to indoctrinate civil society and turn citizens into voluntary accomplices to extremism. By endlessly prefacing “reports” on Russia’s Putin as an authoritarian Soviet era tyrant, the respectable media obviate any discussion of his doubling of living standards and the 60% plus electoral triumph. By magnifying an authoritarian past, Gadhafi’s vast public works, social welfare programs and generous immigration and foreign aid programs to sub-Sahara Africa can be relegated to the memory hole. The respectable press’s praise of death squad Presidents Santos and Lobos is part of a large scale long term systematic shift from the hypocritical pretense of pursuing the virtues of a democratic republic to the open embrace of a virulent, murderous empire. The new journalists’ code reads “extremism in defense of empire is no vice”.
[1] There’s a general consensus that the respectable print media include The Financial Times, The New York Times, The Washington Post and The Wall Street Journal.
[2] Financial Times (FT) 5/8/12;See also FT (5/4/12)”Colombia looks to consolidate gainsin country of complexities”
[3] FT 5/8/12 (p. 1)
[4] FT ibid
[5] BBC News , May 5, 2012
[6] ibid
[7] Renan Vega Cantor Sindicalicidio! Uncuento poco imaginativo) de Terroismo Laboral Bogotá, Feb. 25, 2012.
[8] ibid.
[9] ibid.
[10] Inforrme CODHES Novembre 2010.
[11] FT 5/8/12 p. 4.
[12] See the Annual Reports of CODHES, Reiniciar and Human Rights Watch
[13] Claroscuro Informe Aual 2011; Programa Somos Defensores Bogota 2012; Corporacion Colectivo de Abogados. Jan. – March 2012.
[16] Thom Shanker “Lessons of Iraq Help US Fight a Drug War in Honduras” New York Times, May 6, 2012.6
[17] ibid
[18] ibid
[19] Human Rights Watch, World Report 2012
[20] Honduran Human Rights, May 12m, 2012.
[21] ibid
[22] ibid
[23] The notorious cover-up of the car bombing is the handiwork of the FT’s star middle east journalists. See Michael Peel and Abigail Fielding-Smith “At Least 55 Die in two Damascus Explosions: Responsibility for Blasts Disputed”, FT 5/11/12.
[24] Honduras Human Rights, April 24, 2012.
[25] Michael Peel, “The Colonels Last Stand” FT 5/12 – 13/12
[26] One of Colombia’s most notorious paramilitary narco traffickers described the close financial and political ties between the Colombian United Self Defense terrorists and the Uribe-Santos regime. Se La Jornada 5/12/12.
[27] BBC News, 5/15/12. According to the US International Trade Commission estimates the value of US exports to Colombia could rise by $1.1 billion while Colombia’s exports could grow by $487 million.
A 24 year-old Palestinian was hit in the head from a live round of bullets Saturday in the village of Asira al-Qibliya. B’Tselem footage of the event shows the settlers shooting at the young man, and Israeli soldiers standing by them – doing nothing to prevent it.
According to B’Tselem, the incident started at around 16:30 Saturday, when a group of settlers descended from the extremist settlement Itzhar towards the Palestinian village (as seen in the first video below). According to eye witnesses the settlers – some of them masked and some armed – started fires in the fields near the village and threw stones at Palestinians who moved towards them, who also started throwing stones at the settlers.
Videos shot by residents of Asira al-Qibliya and B’Tselem show a fire in the fields, settlers and Palestinians in confrontation, and soldiers standing near the settlers, yet mostly uninvolved. Amongst the settlers are three people armed with two rifles and one hand-gun, one of them wearing what seems to be a police hat. According to B’Tselem, one of the rifles is a Tavor – commonly seen in the hands of Israeli soldiers.
At one point (between 0:40-0:55 in the video below) one of the settlers is seen aiming his rifle at something, then Palestinians start throwing stones at him, and then he and his partner open intensive fire towards the stone throwers. A soldier nearing the settlers is seen running away back to the direction he and other soldiers were coming from, not preventing the shooting in any way. After a man in a green shirt is hit the soldiers pull back, Palestinians evacuate the man, and the woman with the camera is heard saying the man was shot in the head (Arabic). It would later be found out that the man is 24 year-old Fathi Asira, who is now in a hospital in Nablus. His condition is defined as stable.
It is worth mentioning that throughout the video soldiers are not seen trying to stop the settlers, nor disperse the two crowds in any way, although their intervention could have prevented the injury. It is unclear from the videos who exactly started the fire, as one can see several settlers trying to put it out, and also a Palestinian fire truck. However, the fire is destroying Palestinian fields very close to the village, and did not appear in the first video showing the settlers’ approach – two facts that might support the Palestinians’ claim that it was started by settlers.
The settlement of Itzhar is notorious for its radical extremism, as well as for the many attacks carried by settlers against Palestinians in neighboring villages. The settlement was also attacked itself by Palestinians, including residents of Asira al-Qibilya.
Approximately 700 Israelis live in the illegal Israeli settlement adjacent to Asira al-Qibliya. This colony, like 250 others throughout the West Bank, is considered illegal under international law as a violation of Article 49 of the Fourth Geneva Convention. This illegality has been confirmed by the International Court of Justice and the United Nations Security Council.
The recent attack was only one of many in the history of the village. In 2011, similar attacks occurred on a weekly basis. This year, the settlers have attempted attacks on Asira up to 3 times each month. The Israeli settlers participating in these aggressions are not always inhabitants of the area. Nevertheless, they show their unity by wearing similar coloured cloth, on the most recent occasion white t-shirts. This may be an indication of long-term planning behind the attack.
According to the United Nations Office for the Coordination of Humanitarian Affairs (OCHA), over 90% of complaints regarding settler violence filed by Palestinians with the Israeli police in recent years have been closed without indictment. OCHA reports that, “ the root cause of the settler violence phenomenon is Israel’s decades-long policy of illegally facilitating the settling of its citizens inside occupied Palestinian territory. This activity has resulted in the progressive takeover of Palestinian land, resources and transportation routes and has created two separate systems of rights and privileges, favoring Israeli citizens at the expense of the over 2.5 million Palestinian residents of the West Bank.”
The residents of Asira al-Qibliya are unable to lead a secure life under the constant threat of harassment, intimidation, and attack by the Israeli Occupation Forces and illegal settlers alike.
Israel’s Parliament decided today not to investigate charges that former Defense Minister Yitzhak Rabin [later Prime Minister] ordered soldiers to break the bones of Arab militants at the beginning of the Palestinian uprising…
… Soldiers testifying at Colonel Meir’s trial said Mr. Rabin and other senior commanders told them privately that beatings should be used to punish Arabs known to be troublemakers.
… a company commander under Colonel Meir, testified in April that he was told by Colonel Meir to ”break the arms and legs” of Arabs ”because the detention camps are full.” Full story
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WEST BANK — Haaretz newspaper said the Israeli civil administration issued 13,000 demolition warnings against Palestinians accused of unlicensed construction in Area C of the West Bank.
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