Abu Ghraib torture victims sued by ‘torturers’
Press TV – August 15, 2013
American defense contractor CACI International has sued four former detainees in Abu Ghraib prison to compensate the legal expenses it paid over their dismissed lawsuit regarding the company’s role in torturing the plaintiffs in the notorious jail in Iraq.
The four Iraqi nationals had earlier filed a lawsuit in a District Court in Alexandria against the company accusing it of torturing, humiliating and dehumanizing them when they served time in the prison.
But in July, the judge dismissed the case, saying the court did not have jurisdiction to hear the lawsuit because the incidents happened overseas.
The Arlington-based company has now demanded the plaintiffs pay over $15,000 for travel allowances, deposition transcripts and witness fees, Common Dreams reported.
The lawyers for former Abu Ghraib prisoners in a federal court filing rejected the request.
Our clients “have very limited financial means, even by non-US standards, and dramatically so when compared to the corporate defendants in this case,” according to the filing.
“At the same time, plaintiffs’ serious claims of torture, cruel, inhuman and degrading treatment, and war crimes were dismissed on very close, difficult – and only recently arguable – grounds.”
“Given the wealth disparities between this multi-billion dollar entity and four torture victims, given what they went through, it’s surprising and appears to be an attempt to intimidate and punish these individuals for asserting their rights to sue in US courts,” said Baher Azny, legal director for the Center for Constitutional Rights and the attorney for the plaintiffs.
“Our case is based on reports and investigations by high-level US military investigators, recognizing CACI’s role in conspiracy to torture detainees,” Azny added
“Once we get past legal obstacles and present the case to a jury, we are hopeful justice will come to these Iraqi victims.”
The lawyers who are planning to appeal the case to the US Court of Appeals in fall argue that US law should apply to CACI International as it is an American-based company that operated in a US military prison.
World Health Organization still stalling release of report on Iraqi cancers and birth defects
By Mozhgan Savabieasfahani | July 30, 2013
To the World Health Organization (WHO) and the Iraqi Ministry of Health: (New signatures added)
The back-breaking burden of cancers and birth defects continues to weigh heavily on the Iraqi people.
The joint WHO and Iraqi Ministry of Health Report on cancers and birth defect in Iraq was originally due to be released in November 2012. It has been delayed repeatedly and now has no release date whatsoever.
By March 2013, staff from the Iraqi Ministry of Health announced that this report will show an increase in cancers and birth defects due to the explosions of war. This was broadcasted repeatedly on the BBC.
Therefore we are baffled and alarmed at the WHO’s inability to release any of its findings, despite our urgent request of May 2013, for the WHO to release its report.
The Iraqi birth defects epidemic, by itself, would outrage anyone with the simplest understanding of population health and disease. Who could justify blocking the release of information from a long-completed investigation of that epidemic?
Why have our inquiries failed to break the WHO’s apparent filibuster against releasing that data? WHO has a staff of thousands, including medical doctors, public health specialists, scientists, and sophisticated epidemiologists. They are certainly capable of presenting that data to the public by now.
The need for a timely response to public health emergencies (such as the one unfolding in Iraq) is at the heart of all epidemiological studies. Delivering adequate and timely population relief should be the focal point of this WHO report — but where is the report? Where is the data which was clearly summarized (without numbers) on the BBC in March 2013?
We are now told that some new decisions were taken during a June 25th 2013 meeting http://www.emro.who.int/irq/iraq-infocus/faq-congenital-birth-defect-study.html between WHO and high level authorities of the Iraqi Ministry. They decided that not even a few bits of that birth-defects report can be released before WHO jumps these new hurdles:
(1) “additional analyses not originally conceived”,
(2) “in addition to further analyses, it was determined the work should also undergo the scientific standard of peer review”.
(3) recruitment of a “team of independent scientists… to review the planned analyses”.
(4) “preparation for that meeting”,
(5) “a summary report of that meeting”
(6) “key findings from the analysis” to be released following steps 1-5 above.
To an untrained ear, these might sound like reasonable explanations. We are certainly not opposed to additional steps like analyses, peer review, etc.
Yet none of those steps should be interposed as excuses for further delay in releasing the data which is already known. If it was known in March 2013, when the BBC broadcasted the Iraqi Ministry’s comments on that data, then surely now that information can be released. Why is it still treated like a state secret?
However, large-scale epidemiological studies, such as the WHO report on Iraq birth defects, are expensive to fund. Hence, highly competitive proposals are elicited for such studies. It is a matter of routine practice to include a detailed study time-line in such proposals from the beginning — not at the end. The time-line routinely includes an estimation of time for data analysis and reanalysis, followed by publication of findings (i.e. peer-review). This normally means there is a clear and defined timeframe in which the data is expected to be published. The originally reported release date (November 2012) is now long gone. So yes, the continuing delay, augmented by fresh excuses for more delay, concerns us.
The past record of the WHO when dealing with related findings from the region are also a source of serious concern.
The British Medical Journal published an article entitled” WHO suppressed evidence on effects of depleted uranium, expert says” in November 2006. It suggested that earlier WHO reports were compromised by the omission of a full account of depleted uranium genotoxicity.
Additionally, recent revelations by Hans von Sponeck, the former Assistant Secretary General of the United Nations, suggest that WHO may be susceptible to pressure from its member states. Mr. von Sponeck has said that “The US government sought to prevent WHO from surveying areas in southern Iraq where depleted uranium had been used and caused serious health and environmental dangers.”
Given the urgent public health crisis in Iraq, we the undersigned encourage the WHO and the Iraqi Health Ministry to release all available data from their completed study on birth defects and cancers immediately.
The Iraqi people’s health will be further harmed if you continue to delay that release. Allowing the public to examine that data cannot possibly hamper the WHO’s own expanded analysis.
Affiliations are listed only for identification purposes, unless otherwise indicated.
1) Muhsin Al-Sabbak , Professor of Obstetrics & Gynecology, Al Basrah Maternity Hospital, Basrah, Iraq.
2) Susan Sadik Ali, Professor of Dentistry, Al Basrah Maternity Hospital, Basrah, Iraq.
3) Mozhgan Savabieasfahani, Researcher, Environmental Toxicologist, Tehran, Iran.
4) Saeed Dastgiri, Professor of Epidemiology, Tabriz University of Medical Sciences, Tabriz, Iran.
5) Azadeh Shahshahani, National Lawyers Guild, Atlanta, Georgia U.S.A.
6) As`ad AbuKhalil, Professor, Dept. of Politics, California State University, Stanislaus; U.S.A.
7) Maged Agour MD, Consultant Psychiatrist, U.K.
8) A Haroon Akram-Lodhi, Chair of the Department of International Development Studies Trent University, Canada.
9) Izzeldin Abuelaish, Associate Professor of Global Health, University of Toronto, Canada.
10) Michael Albert, American activist, economist, speaker, and writer.
11) Riad Bacho, Associate Professor, Lebanese University, Beirut, Lebanon.
12) Haim Bresheeth, Professor of film studies, filmmaker, photographer, University of East London, U.K.
13) David O. Carpenter, M.D. Director, Institute for Health and the Environment, Professor, Environmental Health Sciences, School of Public Health, University at Albany, N.Y.
14) Noam Chomsky, Professor of linguistics, Massachusetts Institute of Technology, U.S.A.
15) Blaine Coleman, Human rights activist and attorney, U.S.A.
16) Michael Collins, Professor, UCLA School of Public Health, Department of Molecular Toxicology, Environmental Health Sciences, Los Angeles U.S.A.
17) David Cromwell Co-Editor, Media Lens, U.K.
18) Tom Davis, Chief Program Officer, Food for the Hungry, U.S.A.
19) Peter Eglin, Department of Sociology, Wilfrid Laurier University, Canada.
20) Christo El Morr, Assistant Professor of Health Informatics, York University, Canada.
21) Gavin Fridell, Canada Research Chair in International Development Studies, Saint Mary’s University, Canada.
22) Irene Gendzier, Professor, Dept of Political Science, Boston University, USA.
23) Jess Ghannam, Professor, Department of Psychiatry, and Global Health Sciences University of California, San Francisco, USA.
24) Prof. David Ingleby, Centre for Social Science and Global Health, University of Amsterdam, Netherlands.
25) Kazuko Ito, Secretary General, signing on behalf of Human Rights Now, Japan.
26) Ms. Nahoko Tahako, Human Rights Now, Japan.
27) Jon Jureidini Professor and Child Psychiatrist, Department of Psychological Medicine Women’s and Children’s Hospital, Adelaide, University of Adelaide and Senior Research Fellow Department of Philosophy, Flinders University, South Australia.
28) Ilan Kapoor, Professor, Faculty of Environmental Studies, York University, Toronto, Canada.
29) Leili Kashani, Human rights activist, Center for constitutional rights, U.S.A.
30) Michael Keefer, Professor emeritus School of English and Theatre Studies, University of Guelph, Guelph, Canada.
31) Imad Khadduri, Iraqi nuclear scientist. U.K.
32) David Klein, Professor of Mathematics, California State University, Northridge, U.S.A.
33) Mustafa Koc, Professor, Department of Sociology and Centre for Studies in Food Security, Ryerson University, Toronto, Canada.
34) Hans Koechler, Professor and Chair of Political Philosophy and Philosophical Anthropology University of Innsbruck, President of the International Progress Organization, Vienna, Austria.
35) Malcolm Levitt, School of Chemistry, University of Southampton, U.K.
36) Drake Logan Civilian-Soldier Alliance, Right to Heal Initiative Right to Heal/Operation Recovery Research Team New York, United States.
37) Rudy List, Professor Emeritus, Mathematics, University of Birmingham, U.K.
38) Ken Loach, television and film director. U.K.
39) Moshe Machover, Professor Emeritus of philosophy, King’s College, London, U.K.
40) Arthur MacEwan, Professor Emeritus of Economics, University of Massachusetts, Boston, U.S.A.
41) Mary Anne Mercer, DrPH, Senior Mother & Child Health Advisor, on behalf of Health Alliance International Seattle, U.S.A.
42) David Nicholl, MD, Consultant Neurologist, Birmingham, U.K.
43) David Ozonoff, Professor of Environmental Health, Boston University, Boston, U.S.A.
44) David Peterson, Chicago-based writer and researcher. U.S.A.
45) Mr. John Pilger, journalist and film director. U.K.
46) Elaine Power, Associate Professor, School of Kinesiology and Health Studies, Queen’s University Kingston, Canada.
47) Hilary Rose, Professor of Social Policy, University of Bradford Emerita Professor of Genetics and Society, Gresham College, London, former consultant to the WHO Copenhagen, Denmark.
48) Steven Rose, Emeritus Professor of Biology (neuroscience) Department of Life Health and Chemical Sciences The Open University Milton Keynes, MK76AA Emeritus Professor of Physick (Genetics and Society) Gresham College London
49) Professor Jonathan Rosenhead, Department of Management, London School of Economics.
50) Pamela Spees, Senior Staff Attorney, on behalf of Center for Constitutional Rights, United States.
51) Ruqayya Sulaiman-Hill, Centre for Rural Health, University of Western Australia, Perth, Western Australia.
52) Susanne Soederberg, Professor of Global Development Studies, Queen’s University, Kingston, Ontario, Canada.
53) John Tirman, Executive Director and Principal Research Scientist, Center for International Studies, MIT, U.S.A.
54) Tahir Zaman, Center for Research on Migration and Belonging, University of East London, U.K.
Related articles
- American Weapons Linked To Outbreak Of Birth Defects And Cancer In Iraq (alethonews.wordpress.com)
Iran, Iraq to jointly explore, develop border gas, oil fields
Press TV – July 19, 2013
The Iranian Oil Ministry says Tehran and Baghdad have agreed to explore and develop oil and gas fields lying along the common border between the neighboring OPEC members, Press TV reports.
The ministry added that the two sides have agreed to work together to settle territorial and ownership differences.
Under the agreement, the two countries will establish joint ventures to carry out the exploration and development of joint oil and gas fields.
The energy cooperation is also expected to minimize the impacts of interferences made by international oil giants in regional affairs.
The agreement came during Iranian President Mahmoud Ahmadinejad’s official visit to Iraq.
Ahmadinejad arrived in Iraq on Thursday at the head of a high-ranking delegation for an official two-day tour aimed at strengthening bilateral relations between the two neighboring countries.
The Iranian president held talks with Iraqi Prime Minister Nouri al-Maliki and Vice President Khudayr al-Khuzai and also met with Iraqi Parliament Speaker Osama al-Nujaifi and the country’s lawmakers on Thursday .
Ahmadinejad also paid a visit to the holy shrine cities of Karbala and Najaf.
The two-term Iranian president will leave office on August 3 to be succeeded by Hassan Rohani, who won an outright victory in the country’s presidential elections of July 14.
Related articles
- Middle East: Ahmadinejad – Regional progress, security depend on Iran-Iraq cooperation (ionglobaltrends.com)
- Iraq to import gas from Iran (iraqinews.com)
- Zionists thrive on conflicts: Ahmadinejad (rinf.com)
Bush’s Foiled NSA Blackmail Scheme
By Dennis J Bernstein | Consortium News | June 21, 2013
In early 2003, as the U.S. and British governments were seeking international acquiescence to their aggressive war on Iraq, an unexpected cog thrown into the propaganda machine was the disclosure that the National Security Agency was spying on UN Security Council members in search of blackmail material.
The revelation received little attention in the mainstream U.S. news media, which was almost fully on board the pro-war bandwagon, but the disclosure received wide international attention and stopped the blackmail scheme. U.S. President George W. Bush and British Prime Minister Tony Blair were forced to abandon a UN resolution and invade Iraq with a ragtag “coalition of the willing.”
Former British Prime Minister Tony Blair.
Several months later, the identity of the leaker was revealed, a young woman named Katharine Gun who worked as a linguist at the NSA’s UK counterpart, British Government Communications Headquarters. Gun lost her job and was charged under British secrecy laws, but the case was dropped because the court would have required the Blair government to disclose that it also had twisted the arms of legal advisers to extract an opinion endorsing the invasion.
Now, a decade later, Edward Snowden, a young American systems analyst working for the NSA, has leaked documents revealing a global surveillance network and prompted another international debate – about government spying vs. personal privacy. Katharine Gun joined Pacifica’s “Flashpoints” host Dennis J Bernstein to discuss both cases.
DB: What exactly was your position when you decided to leak a certain document?
KG: My title was linguist analyst. I was a Mandarin Chinese speaker. We translated interceptions and produced reports for the various customers of GCHQ, which are normally the Foreign Office or MI-5 and MI-6.
DB: Can you explain the document you released and the significance of the timing?
KG: It was released at the end of January 2003, just before the invasion of Iraq. I saw an email that had been sent from the NSA to GCHQ. It was a request for GCHQ to help the NSA intercept the communications of six nations that sat on the Security Council at that time. It was to intercept their domestic and office telecoms in order to obtain all the information we could about the delegates, which the U.S. could then use to achieve goals favorable to U.S. interests. They called for the whole gamut of information, which made me think they would potentially use the information to blackmail or bribe the U.N. delegates.
DB: This bugging took place at the United Nations?
KG: Presumably, yes. Or it could involve the United Nations headquarters or also their domestic residence.
DB: The idea was to get the necessary information one way or the other to influence the key members to support the U.S. quest for war in Iraq?
KG: Yes. At the time, if you were not working for the intelligence services or the foreign offices of the U.S. or U.K. you would probably assume that the goal of [President George W.] Bush and [Prime Minister Tony] Blair at that time was to work diplomatically to reach a solution. But we now know, after several leaks over the years about the run-up to the war in Iraq, that war was the agenda all along. When I saw the email it made me think, “This is evidence that war is the agenda.” That’s why I decided the public needed to know.
DB: GCHQ is the British Government Communications Headquarters, the equivalent to the NSA [National Security Agency]. You were working there in the lead-up to the Iraq War. Can you remind us what governments were bugged?
KG: Six nations, smallish countries: Angola, Cameroon, and Pakistan, I think. Mexico was mentioned, and possibly Chile as well. They were countries that are generally not known for their big powerful positions at the U.N.
DB: What went through your mind leading up to the decision to leak this information? This big decision changed history a bit. How did you make this courageous decision that also changed your own life?
KG: I was very concerned. I had informed myself about the realities of Iraq and the situation there because I grew up during the first Gulf War and the following years of sanctions. It was in the back of my mind that Iraq was a country that was virtually destroyed, and that the people were living in impoverished conditions. It made me think that another attack on them would not be fair and justified because there was nothing about Iraq that was a threat to either the U.S. or the U.K.
So when I saw the email and realized what was going on behind closed doors was an attempt to get the U.N. to authorize what would then have become a pre-emptive strike on a country, I thought the public should know about this because it angered me.
DB: What happened after you made this information available? What happened with your position? Were you intimidated, attacked?
KG: Initially I tried to remain anonymous, but when I realized the information revealed in the newspaper at the time was identifiable to GCHQ, I decided I didn’t want to lead a double life at GCHQ and pretend I had nothing to do with it. I confided to my line-manager and said it was my leak. Then I was arrested under suspicion of breaking the Official Secrets Act, questioned, and released on bail for eight months.
In November 2003, much to our surprise, they decided to charge me, despite having waited so long. After discussions with my legal team, which included Liberty, an organization very similar to the U.S. ACLU, we decided I would plead non-guilty, because I personally felt that although I did the act, I didn’t feel guilt, because I didn’t feel I had done anything wrong. Our defense would have been to establish the defense of necessity, which is not yet tested in a court of law. My legal team then asked for all the legal advice leading up the war, and at that point, the prosecution decided to drop all charges against me.
DB: What do you think made them decide to prosecute you, and what information made them drop the charges? Were they trying to backpedal? Were they trying to make sure no other folks in positions like you would do it again?
KG: It’s speculation on my part because obviously they haven’t disclosed. I suspect one of the reasons they charged me was to make an example of my actions to try to deter people from it. On the other hand, when they dropped the charges, I suspect there may have been a variety of reasons. When we asked for the legal advice from the then-Attorney General, at that time his legal advice had not been fully disclosed.
During the run-up to the war, Blair asked for legal advice, obviously. The first draft was about 13 pages long. The language was very cautious – it didn’t say there was a definite reason for war. There were many legal terms of caution, but at some point Blair was told the legal advice was not good enough. He needed a watertight case. The Attorney General then re-drafted his advice, and condensed it to a single page that was then issued to the House of Commons.
That is what persuaded all the MPs in the House of Commons to vote for Britain’s involvement in the war. Eventually information came out, not from myself, but from other means and it became apparent that the legal advice had not been at all watertight to start with.
DB: Daniel Ellsberg said your most important and courageous leak is the only one made in time to avert an imminent possible war. Was your desire to avert war?
KG: Yes, I was hoping the British ministers would see the truth and question the actions of Blair and the secret negotiations he was having with Bush at the time. I wanted more transparency on the issue. I wanted people to question what was going on and to generally challenge this bandwagon for a preemptive strike against a country that was already very impoverished and no threat to anybody whatsoever.
DB: Did you ever hear from folks who based on your revelations, learned they were bugged?
KG: No.
DB: So there were no thank yous coming across from that part of the world?
KG: No. At the time of the leak, my name didn’t come out. Eight months later my name was made public.
DB: Did it change your life?
KG: I lost my job. The secure, full-time, long-term employment was no longer possible. That has made an impact, primarily financially, on my life and my family’s life.
DB: We are now seeing extraordinary NSA leaks from Edward Snowden in the British Guardian. What are your thoughts on this?
KG: I think Snowden is probably is a lot more clued-up than I was at the time. My leak was a single issue. Snowden has had a long period of time working within the U.S. intelligence services. He’s obviously a very technically savvy professional. I admire him for taking this tremendous step, which he thought out very carefully and methodically. He has made some very good points. These kinds of issues should be in the public domain because it involves innocent members of the public. We, the public, should be able to have a measure of a say in these matters.
DB: We hear that people like you, who were leaking before the war, and Snowden now, are putting people’s lives in jeopardy, endangering the people. We hear that secrecy is necessary to prevent terrorist attacks, and that many have been prevented by this kind of secrecy, investigation, wiretapping and bugging that’s going on now.
KG: There is absolutely no evidence that my leaks in any way endangered anybody else.
DB: But you were accused of that.
KG: Yes, they love to throw accusations around, there’s no doubt about that. But in my case, the majority of views supported my actions. In Snowden’s case, people who have a fair and just understanding of the issues at-large are supportive of his actions, as they would be of Private Manning, who is currently on trial.
DB: Did you lose any friends or associates, over this?
KG: Ironically, not really. Many of my friends and colleagues from GCHQ have also left GCHQ, partly to progress in their professions. They didn’t see much chance for their linguistic skills progressing much further within GCHQ and I continue to be in touch with them.
DB: If you had it all to do over again, would you?
KG: That’s a difficult question. Now I’m married and have a child. I would hope that I would still do it, but perhaps I would be more savvy about how I did it. Snowden was very clued-up and seems to know exactly what he should be doing – how to stay safe and keep out of the way of being unjustly arrested and tried without due process of law.
DB: Your language skills. Are you using them now?
KG: Not now. I’m only fluent in Mandarin Chinese. I speak some Japanese and am now trying to learn Turkish.
DB: That may in handy in the next decade or so. Thank you for talking to us.
~
Dennis J Bernstein is a host of “Flashpoints” on the Pacifica radio network and the author of Special Ed: Voices from a Hidden Classroom. You can access the audio archives at www.flashpoints.net.
Related articles
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- British spy agency has access to global communications, shares info with NSA (alethonews.wordpress.com)
UN lashes out at Britain’s human rights record
RT | June 2, 2013
The UN’s torture watchdog has hit out at the British government for human rights abuses. In its harshest criticism yet of the British government, the panel warned that urgent action is needed for the country to meet international standards.
The UN Committee against Torture focused on human rights abuses during the so-called war on terror and the mistreatment of prisoners in British custody in Iraq. It also flagged up some 40 separate incidents on which the UK government must act.
The findings highlighted the British governments actions following 9/11 and the commission urged the British government to quickly establish an inquiry into whether detainees held overseas were ill-treated or tortured by British officials.
The report reads that the committee is “deeply concerned at the growing number of serious allegations of torture and ill-treatment, as a result of the state party’s military interventions in Afghanistan and Iraq.”
The UN team also slammed what they called “an escape clause” in the Criminal Justice Act (1988), which allows British officials to escape prosecution for inflicting severe pain or suffering if they can show that they had “lawful authority, justification or excuse” for doing so.
Another legal loophole the committee voiced concern about is the Intelligence Services Act (1994), which effectively insures that intelligence officers cannot be prosecuted within the UK once a warrant giving them lawful authority has been signed by a government minister.
The panel was disappointed at the failure to date to prosecute anyone for the torture of Iraqi prisoners and in particular the failure to convict anyone for the murder of Baha Mousa who died in British custody in 2003. Only one soldier received a one-year sentence for admitting inhumane treatment.
There was also concern with the government’s planned introduction of secret court procedures in July for issues that may affect national security under the Justice and Security Act. Closed Material Procedures as they are known make it easier to use hearsay evidence or evidence obtained through torture, the committee maintains. The system of Special Advocates – lawyers who are vetted and chosen by the government – “have a very limited ability to conduct a cross-examination and cannot discuss full content of confidential materials with their client thus undermining the right to a fair trial,” the report reads.
The watchdog also urged the UK government to halt the deportation of failed asylum seekers to Sri Lanka. The deportation of failed Tamil asylum seekers has led to their torture or ill-treatment on return and the UK government hasn’t changed its policy on the issue despite a ruling by the High Court in February ordering them to suspend deportations.
The government was criticized in its handling of the case of Shaker Aamer, the last remaining UK resident in Guantanamo. The committee regretted that despite the “best endeavors” of the UK to try and get him released “there are no encouraging signs of this happening soon”.
There were also accusations against the UK government on several issues connected with Northern Ireland. The Northern Irish justice system must abolish all non-jury trials the report concludes, adding that historical investigations into past misconduct, particularly of military officials, must not be delayed or suspended.
The committee asked that police officers only use tasers when they face “a real and immediate threat to life or risk or serious injury”.
There was also unease that the age of criminal responsibility in England, Wales and Northern Ireland has not been raised from 10-years, despite calls by more than 50 organizations for this to be done.
Further concerns were raised about the steady increase of the prison population over the past decade and the problem of overcrowding. To help rectify the issue the committee urged the government make wider use of non-custodial sentences.
In a further blow, committee members accused the UK delegation of being evasive when questioned about Britain’s human rights record during a two-day hearing in Geneva last month.
The British government was given a year to explain how it could improve its human rights record in 4 key areas: overseas torture, getting Shaker Aamer out of Guantanamo, stopping the forced deportation of Sri Lanka asylum seekers and setting up inquiries into past abuses in Northern Ireland.
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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.
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Book Review
The Voters’ Self-Induced Matrix
By Jeb Smith | The Libertarian Institute | April 20, 2026
In Collective Illusions: Conformity, Complicity, and the Science of Why We Make Bad Decisions, Professor Todd Rose explains that to belong to a group, people “keep twisting [themselves] into pretzels, trying to conform to what we falsely believe everyone else expects of us.” Seeking acceptance from the group, we conform in language, behavior, beliefs, and practices. As a result, we lose our individuality and aggregate into herds. Within our group we create an alternate reality to fit whichever collective mindset we attach ourselves to, and interpret the world through those lenses—our innate desire to belong overrides reality.
Rose says these illusions “have become a defining feature of our modern society.” In other words, the collectivist mindset is a great conduit for spreading illusions; thus, it is the politician’s favored form of governance.
Rose points to studies in psychology and neuroscience showing we delude ourselves into believing what the majority does, even if it is not what we desire or know to be accurate. … continue
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