Pointing to “global norms of free expression and privacy,” a coalition of major internet companies this week launched a campaign to pressure the U.S. Congress to reform practices and laws regulating government surveillance of individuals and access to their personal information.
The Global Government Surveillance Reform coalition, which consists of AOL, Apple, Google, Microsoft, Yahoo, Twitter, Facebook and other companies, trade associations and civil society groups, issued the following letter to the House and Senate leadership on March 25:
We the undersigned represent a wide range of privacy and human rights advocates, technology companies, and trade associations that hold an equally wide range of positions on the issue of surveillance reform. Many of us have differing views on exactly what reforms must be included in any bill reauthorizing USA PATRIOT Act Section 215, which currently serves as the legal basis for the National Security Agency’s bulk collection of telephone metadata and is set to expire on June 1, 2015. That said, our broad, diverse, and bipartisan coalition believes that the status quo is untenable and that it is urgent that Congress move forward with reform.
Together, we agree that the following elements are essential to any legislative or Administration effort to reform our nation’s surveillance laws:
There must be a clear, strong, and effective end to bulk collection practices under the USA PATRIOT Act, including under the Section 215 records authority and the Section 214 authority regarding pen registers and trap & trace devices. Any collection that does occur under those authorities should have appropriate safeguards in place to protect privacy and users’ rights.
The bill must contain transparency and accountability mechanisms for both government and company reporting, as well as an appropriate declassification regime for Foreign Intelligence Surveillance Court decisions.
We believe addressing the above must be a part of any reform package, though there are other reforms that our groups and companies would welcome, and in some cases, believe are essential to any legislation. We also urge Congress to avoid adding new mandates that are controversial and could derail reform efforts.
It has been nearly two years since the first news stories revealed the scope of the United States’ surveillance and bulk collection activities. Now is the time to take on meaningful legislative reforms to the nation’s surveillance programs that maintain national security while preserving privacy, transparency, and accountability. We strongly encourage both the White House and Members of Congress to support the above reforms and oppose any efforts to enact any legislation that does not address them.
The original signatories to the letter consisted of 47 internet firms and civil society groups, but the list of signers is growing by the day. (You can add your name here.)
The Global Government Surveillance Reform coalition also issued five principles to guide reform of government surveillance, “consistent with established global norms of free expression and privacy and with the goals of ensuring that government law enforcement and intelligence efforts are rule-bound, narrowly tailored, transparent, and subject to oversight.”
These principles are the following:
1. Limiting Governments’ Authority to Collect Users’ Information
Governments should codify sensible limitations on their ability to compel service providers to disclose user data that balance their need for the data in limited circumstances, users’ reasonable privacy interests, and the impact on trust in the Internet. In addition, governments should limit surveillance to specific, known users for lawful purposes, and should not undertake bulk data collection of Internet communications.
2. Oversight and Accountability
Intelligence agencies seeking to collect or compel the production of information should do so under a clear legal framework in which executive powers are subject to strong checks and balances. Reviewing courts should be independent and include an adversarial process, and governments should allow important rulings of law to be made public in a timely manner so that the courts are accountable to an informed citizenry.
3. Transparency About Government Demands
Transparency is essential to a debate over governments’ surveillance powers and the scope of programs that are administered under those powers. Governments should allow companies to publish the number and nature of government demands for user information. In addition, governments should also promptly disclose this data publicly.
4. Respecting the Free Flow of Information
The ability of data to flow or be accessed across borders is essential to a robust 21st century global economy. Governments should permit the transfer of data and should not inhibit access by companies or individuals to lawfully available information that is stored outside of the country. Governments should not require service providers to locate infrastructure within a country’s borders or operate locally.
5. Avoiding Conflicts Among Governments
In order to avoid conflicting laws, there should be a robust, principled, and transparent framework to govern lawful requests for data across jurisdictions, such as improved mutual legal assistance treaty — or “MLAT” — processes. Where the laws of one jurisdiction conflict with the laws of another, it is incumbent upon governments to work together to resolve the conflict.
Implementing these principles would not only bring U.S. surveillance practices in line with the U.S. Constitution, but would also go a long way in ensuring that U.S. policy is complying with international norms.
A year ago, following the U.S.’s periodic review for its compliance with the International Covenant on Civil and Political Rights, the United Nations issued a scathing report detailing a host of U.S. violations, including on privacy rights. The UN Human Rights Committee highlighted the ongoing U.S. lack of compliance with privacy requirements set forth in Article 17 of the ICCPR, particularly to respect the right to privacy regardless of the nationality or location of individuals being monitored.
To address these violations, the UN issued the following recommendations to the U.S. government:
(a) Take all necessary measures to ensure that its surveillance activities, both within and outside the United States, conform to its obligations under the Covenant, including article 17; in particular, measures should be taken to ensure that any interference with the right to privacy complies with the principles of legality, proportionality and necessity, regardless of the nationality or location of the individuals whose communications are under direct surveillance;
(b) Ensure that any interference with the right to privacy, family, home or correspondence is authorized by laws that: (i) are publicly accessible; (ii) contain provisions that ensure that collection of, access to and use of communications data are tailored to specific legitimate aims; (iii) are sufficiently precise and specify in detail the precise circumstances in which any such interference may be permitted, the procedures for authorization, the categories of persons who may be placed under surveillance, the limit on the duration of surveillance; procedures for the use and storage of data collected; and (iv) provide for effective safeguards against abuse;
(c) Reform the current oversight system of surveillance activities to ensure its effectiveness, including by providing for judicial involvement in the authorization or monitoring of surveillance measures, and considering the establishment of strong and independent oversight mandates with a view to preventing abuses;
(d) Refrain from imposing mandatory retention of data by third parties;
(e) Ensure that affected persons have access to effective remedies in cases of abuse.
The Electronic Frontier Foundation’s Katitza Rodriguez urged the United States to conform to the UN’s recommendations. “It’s imperative the United States comply with its human rights treaty obligations, specifically Article 17 of the ICCPR, which protect the right of privacy for everyone in the same manner, within or outside US borders, regardless of nationality or place of residence,” Rodriguez said.
In an effort to ensure better compliance from the United States and other serial violators of individual privacy rights, the United Nations Human Rights Council decided this week to establish a new position of Special Rapporteur on the right to privacy, whose tasks will include gathering relevant information, including on international and national frameworks, national practices and experiences.
As Privacy International explains,
The Special Rapporteur will be the authoritative voice and intellectual leader at the global level on the right to privacy around the world. The resolution gives the individual a broad mandate to promote the respect and protection of the right to privacy in all circumstances, wherever or however it is exercised. Amongst other things, the mandate holder will monitor states’ and companies’ compliance with the right to privacy, investigating alleged violations, and making recommendations to ensure that this fundamental right is respected and protected.
Tomaso Falchetta, Legal Officer for Privacy International, said,
The Council today has confirmed what we have said for some time: The right to privacy is an invaluable human right, essential to human autonomy and dignity, and deserves explicit attention to ensure that it is respected and protected around the world. Now, perhaps more than ever, we need a dedicated individual to hold those accountable who wish to violate privacy, whether it is through surveillance, indiscriminate data collection, or other techniques that infringe on this important right. As Privacy International celebrates 25 years of advocating for the right to privacy, we can confidently say that today’s resolution is one of the most important events to protect privacy.
The individual chosen to take up the role of Special Rapporteur is expected to be appointed in June 2015.
Although the past year brought some degree of justice for Iraqi victims of U.S. aggression – with four Blackwater contractors convicted in October for their roles in the 2007 Nisour Square massacre – in all, it was another year of misery for Iraq and a total lack of accountability at home for the architects of the 2003 illegal U.S. invasion. Considering the downward spiral that Iraq has been on ever since the Bush administration made its fateful decision to attack it 12 years ago – now more than ever with ISIS taking hold of large swaths of the country – the absence of prosecutions is all the more glaring.
On these Iraq War anniversaries, it is always worth reflecting on the words of American prosecutor Robert Jackson, who led the prosecutions of Nazi war criminals at Nuremberg in 1945-1946. In his opening statement before the international military tribunal on Nazi war crimes, Jackson denounced aggressive war as “the greatest menace of our time.”
He noted that “to start an aggressive war has the moral qualities of the worst of crimes.” The tribunal, he said, had decided that “to initiate a war of aggression … is not only an international crime: it is the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of whole.”
When it comes to Iraq, the accumulated evil of the whole is difficult to fully comprehend. In 2003, Iraq was a country that had already been devastated by a U.S.-led war a decade earlier and crippling economic sanctions that caused the deaths of 1.5 million Iraqis (leading to the resignation of two UN humanitarian coordinators who called the sanctions genocidal). Despite destroying its stockpiles of weapons of mass destruction and submitting to years of UN weapons inspections, no amount of proof of Iraqi compliance would be enough for George W. Bush and his cronies.
The U.S. attack didn’t officially begin until March 19, 2003 (already the 20th in Iraq), but the United States had been threatening to attack the country as early as January 2003, with the Pentagon publicizing plans for a so-called “shock and awe” bombing campaign in what appeared to be a form of psychological warfare against Iraq in violation of the UN Charter.
“If the Pentagon sticks to its current war plan,” CBS News reported on January 24, “one day in March the Air Force and Navy will launch between 300 and 400 cruise missiles at targets in Iraq. … [T]his is more than number that were launched during the entire 40 days of the first Gulf War. On the second day, the plan calls for launching another 300 to 400 cruise missiles.”
A Pentagon official warned: “There will not be a safe place in Baghdad.”
The effect of these threats particularly on Iraqi youth was profound. A group of psychologists published a report in January 2003 describing the looming war’s effect on children’s mental health.
”With war looming, Iraqi children are fearful, anxious and depressed,” they found. ”Many have nightmares. And 40 percent do not think that life is worth living.”
The Pentagon’s vaunted “shock and awe” attack began with limited bombing on March 19-20, as U.S. forces unsuccessfully attempted to kill Saddam Hussein. Attacks continued against a small number of targets until March 21, 2003, when the main bombing campaign began. U.S.-led forces launched approximately 1,700 air sorties, with 504 using cruise missiles.
The attack was a clear violation of the UN Charter, which stipulates that “Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.” The only exception to this is in the case of Security Council authorization, which the U.S. did not have.
Desperate to kill Hussein, Bush ordered the bombing of an Iraqi residential restaurant on April 7. A single B-1B bomber dropped four precision-guided 2,000-pound bombs. The four bunker-penetrating bombs destroyed the target building, the al Saa restaurant block and several surrounding structures, leaving a 60-foot crater and unknown casualties.
Diners, including children, were ripped apart by the bombs. One mother found her daughter’s torso and then her severed head. U.S. intelligence later confirmed that Hussein wasn’t there.
After the fall of Saddam Hussein’s regime on April 9, the U.S. action in Iraq took on the character of an occupation, and as the occupying power, the U.S. was bound by international law to provide security. But in the post-war chaos, in which looting of Iraq’s national antiquities was rampant, U.S. forces stood by as Iraq’s national museum was looted and countless historical treasures were lost.
Despite the fact that U.S. officials were warned even before the invasion that Iraq’s national museum would be a “prime target for looters” by the Office of Reconstruction and Humanitarian Assistance, set up to supervise the reconstruction of postwar Iraq, U.S. forces took no action to secure the building. In protest of the U.S. failure to prevent the resulting looting of historical artefacts dating back 10,000 years, three White House cultural advisers resigned.
“It didn’t have to happen”, Martin Sullivan – who chaired the President’s Advisory Committee on Cultural Property for eight years – told Reuters news agency. The UN’s cultural agency UNESCO called the loss and destruction “a disaster.”
During the course of the war, according to a four-month investigation by USA Today, the U.S. dropped 10,800 cluster bombs on Iraq. “The bomblets packed inside these weapons wiped out Iraqi troop formations and silenced Iraqi artillery,” reported USA Today. “They also killed civilians. These unintentional deaths added to the hostility that has complicated the U.S. occupation.”
U.S. forces fired hundreds of cluster munitions into urban areas from late March to early April, killing dozens and possibly hundreds of Iraqi civilians. The attacks left behind thousands of unexploded bomblets that continued to kill and injure civilians weeks after the fighting stopped.
Because of the indiscriminate effect of these duds that keep killing long after the cessation of hostilities, the use of cluster munitions is banned by the international Convention on Cluster Munitions, which the United States has refused to sign.
Possibly anticipating a long, drawn-out occupation and counter-insurgency campaign in Iraq, in a March 2003 memorandum Bush administration lawyers devised legal doctrines justifying certain torture techniques, offering legal rationales “that could render specific conduct, otherwise criminal, not unlawful.”
They argued that the president or anyone acting on the president’s orders are not bound by U.S. laws or international treaties prohibiting torture, asserting that the need for “obtaining intelligence vital to the protection of untold thousands of American citizens” supersedes any obligations the administration has under domestic or international law.
“In order to respect the President’s inherent constitutional authority to manage a military campaign,” the memo states, U.S. prohibitions against torture “must be construed as inapplicable to interrogations undertaken pursuant to his Commander-in-Chief authority.”
Over the course of the next year, disclosures emerged that torture had been used extensively in Iraq for “intelligence gathering.” Investigative journalist Seymour Hersh disclosed in The New Yorker in May 2004 that a 53-page classified Army report written by Gen. Antonio Taguba concluded that Abu Ghraib prison’s military police were urged on by intelligence officers seeking to break down the Iraqis before interrogation.
“Numerous incidents of sadistic, blatant and wanton criminal abuses were inflicted on several detainees,” wrote Taguba.
These actions, authorized at the highest levels, constituted serious breaches of international and domestic law, including the Convention Against Torture, the Geneva Convention relative to the treatment of Prisoners of War, as well as the U.S. War Crimes Act and the Torture Statute.
While these are some of the more obvious examples U.S. violations of international law from the earliest days of the invasion of Iraq, for which no one has been held to account, the crimes against the Iraqi people only continued and intensified over the years.
There was the 2004 assault on Fallujah in which white phosphorus – banned under international law – was used against civilians. There was the 2005 Haditha massacre, in which 24 unarmed civilians were systematically murdered by U.S. marines. There was the 2007 “Collateral Murder” massacre revealed by WikiLeaks in 2010.
With all of these unprosecuted war crimes, it was with some degree of surprise and satisfaction that four Blackwater mercenaries were convicted in October 2014 for a massacre of unarmed civilians in 2007. The Nisour Square massacre left 17 people dead and 20 seriously injured after the guards working for the U.S. State Department fired heavy machine guns and grenade launchers from their armored convoy into a crowd of civilians.
Three of the responsible war criminals were found guilty of manslaughter, while the fourth, Nicholas Slatten, was found guilty of one charge of first-degree murder.
While this verdict was most certainly a welcome development in an otherwise seemingly impervious climate of impunity that has prevailed over the past 12 years, some pointed out the regrettable lack of accountability for those higher up the chain of command. Journalist Jeremey Scahill, for example, noted that Blackwater’s founder, “Christian supremacist Erik Prince” not only has faced no prosecution, but “continue[s] to reap profits from the mercenary and private intelligence industries.”
According to Scahill,
While Barack Obama pledged to rein in mercenary forces when he was a senator, once he became president he continued to employ a massive shadow army of private contractors. Blackwater — despite numerous scandals, congressional investigations, FBI probes and documented killings of civilians in both Iraq and Afghanistan — remained a central part of the Obama administration’s global war machine throughout his first term in office.
Just as with the systematic torture at Abu Ghraib, it is only the low level foot-soldiers of Blackwater that are being held accountable. …
None of the U.S. officials from the Bush and Obama administrations who unleashed Blackwater and other mercenary forces across the globe are being forced to answer for their role in creating the conditions for the Nisour Square shootings and other deadly incidents involving private contractors.
Nevertheless, it is never too late to bring prosecutions against the Iraq War’s chief architects, including Donald Rumsfeld, Condoleezza Rice, Dick Cheney, Karl Rove, Richard Perle, Douglas Feith, and the chief war criminal George W. Bush.
Despite having made nuclear non-proliferation and disarmament a centerpiece of his early foreign policy after coming to office six years ago, President Obama is now earning the wrath of anti-nuclear campaigners for simply paying lip service to his Prague 2009 pledge to “secure a world free of nuclear weapons” – what he once called “the world’s worst weapons” – while instead moving to modernize the U.S. nuclear arsenal.
Rather than pushing for disarmament as once promised, the Obama administration is engaging in extensive atomic rebuilding and refurbishing of the U.S. nuclear force to the tune of an estimated trillion dollars in the coming decades, and Obama recently nominated as his new secretary of defense a man long committed to such a course of action.
As Boston Globe columnist James Carroll put it recently,
Mark these days. A long-dreaded transformation from hope to doom is taking place as the United States of America ushers the world onto the no-turning-back road of nuclear perdition. Once, we could believe there was another way to go. Indeed, we were invited to take that path by the man who is, even today, overseeing the blocking of it, probably forever.
Carroll went on to quote Obama’s historic 2009 address in Prague on nuclear abolition.
“As the only nuclear power to have used a nuclear weapon,” Obama said,
the United States has a moral responsibility to act… So today, I state clearly and with conviction America’s commitment to seek the peace and security of a world without nuclear weapons. I’m not naive. This goal will not be reached quickly – perhaps not in my lifetime. It will take patience and persistence. But now, we, too, must ignore the voices who tell us that the world cannot change. We have to insist, ‘Yes, we can…’
“I know,” he continued,
that there are some who will question whether we can act on such a broad agenda. There are those who doubt whether true international cooperation is possible… and there are those who hear talk of a world without nuclear weapons and doubt whether it’s worth setting a goal that seems impossible to achieve. But make no mistake. We know where that road leads.
Indeed, it is all too clear where that road leads.
At the third Humanitarian Impact of Nuclear Weapons Conference held in Vienna, Austria last month, journalist Eric Schlosser emphasized that it’s a miracle there hasn’t yet been a catastrophic accident involving nuclear weapons, pointing out however that “The problem with luck is that eventually it runs out.”
He offered one mishap out of hundreds that have occurred over the years: the 1961 North Carolina incident in which a hydrogen bomb fell out of a disintegrating B-52 bomber, which nearly fully detonated a four-megaton hydrogen bomb.
The chances of a similar mishap taking place today are compounded by the fact that the U.S. nuclear arsenal is aging and the staff tasked with securing these weapons are poorly trained and reportedly suffering from major morale problems.
Warheads in the nation’s stockpile are an average of 27 years old, and military strategists are raising serious concerns about their reliability. As John Hamre, Deputy Secretary of Defense in the Clinton administration and now president of the Center for Strategic and International Studies, recently said, “We have the worst of all worlds: older weapons and large inventories that we are retaining because we are worried about their reliability.”
Further, the military has not prioritized the maintenance of these weapons, leading to even greater nuclear insecurity.
“The Air Force has not kept its ICBMs manned or maintained properly,” says Bruce Blair, a former missileer and cofounder of the anti-nuclear group Global Zero. Nuclear bases that were once the military’s crown jewels are now “little orphanages that get scraps for dinner,” he says. And morale is “abysmal.”
As a recent article in Mother Jones explained,
Blair’s organization wants to eliminate nukes, but he argues that while we still have them, it’s imperative that we invest in maintenance, training, and personnel to avoid catastrophe: An accident resulting from human error, he says, may be actually more likely today because the weapons are so unlikely to be used. Without the urgent sense of purpose the Cold War provided, the young men (and a handful of women) who work with the world’s most dangerous weapons are left logging their 24-hour shifts under subpar conditions—with all the dangers that follow.
In August 2013, Air Force commanders investigated two officers in the ICBM program suspected of using ecstasy and amphetamines. A search of the officers’ phones revealed more trouble: They and other missileers were sharing answers for the required monthly exams that test their knowledge of things like security procedures and the proper handling of classified launch codes. Ultimately, 98 missileers were implicated for cheating or failure to report it. Nine officers were stripped of their commands, and Colonel Robert Stanley, the commander of Malmstrom’s missile wing, resigned.
While these realities of poor training, test cheating and drug abuse scandals, lackluster maintenance and aging weapons make clear the need to do something to better prevent a nuclear catastrophe from taking place, campaigners take issue with the Obama administration’s proposal to inject billions of dollars into modernizing these facilities and retraining staff.
As Theresa Shaffer, the Security Outreach Associate for Physicians for Social Responsibility, points out in a recent column,
The 2015 “CRomnibus” appropriations bill which passed in the House of Representatives and which President Obama has backed ahead of the Senate vote, does not accomplish these things. President Obama has repeatedly stated the need to secure radiological material worldwide in order to prevent a terrorist or criminal from fabricating a dirty bomb. Yet in this 2015 omnibus bill, funding to combat the proliferation of nuclear materials to terrorists and criminals was cut by 17% from 2014, while at the same time spending on nuclear weapons increased by 5% from last year.
“A better idea,” she continues,
to resolve the safety issues affecting our nuclear arsenal could be to use those funds to actually secure and eliminate radiological materials worldwide and simply work on getting rid of nuclear weapons rather than injecting more money into making new ones. The Congressional Budget Office estimates that $355 billion will be spent on modernizing the nation’s nuclear forces from 2014-2023. Pressure should be placed on the new Congress come January to reduce spending on nuclear weapons in the 2016 budget, since these weapons pose more of a risk than an asset.
Meanwhile, as Obama betrays his earlier pledges to work towards a nuclear arms-free world, many within the international community are doing just that, by building a global consensus and strengthening the international norm against these weapons.
The government of Austria hosted the third international conference on the humanitarian consequences of nuclear weapons on December 8-9, 2014 in Vienna. The conference aimed to bolster the global nuclear disarmament and non-proliferation regime by contributing to the growing momentum to prioritize the humanitarian imperative in all international efforts on nuclear non-proliferation and nuclear disarmament.
The conference explored the impacts of nuclear weapon explosions, including nuclear testing; the risks of nuclear weapons use; challenges and capabilities regarding the use of nuclear weapons; and existing international norms and laws.
Nadja Schmidt, representing the International Campaign to Abolish Nuclear Weapons (ICAN), pointed out that within the existing legal framework on nuclear weapons, there is currently a lack of an instrument that explicitly characterizes nuclear weapons as unacceptable under international law.
“Our next step as supporters of the humanitarian initiative should be to explore the best way to address this legal deficit,” she said, noting that “the time has come to start a diplomatic process to negotiate a legally-binding instrument prohibiting nuclear weapons.”
The ICAN statement continued:
This is not a radical proposal. Indiscriminate weapons get banned. We have done it before with other weapon systems, including biological and chemical weapons.
This should not be a controversial proposal. An international prohibition is the logical outcome of an examination of the risks and consequences of nuclear weapons detonation. A new legal instrument prohibiting nuclear weapons would constitute a long overdue implementation of the Non-Proliferation Treaty.
Also participating in the conference was the global network of lawmakers known as the Parliamentarians for Nuclear Non-Proliferation and Disarmament (PNND), an international cross-party network of over 800 parliamentarians from more than 80 countries.
The parliamentary roundtable during the Vienna conference was chaired by PNND Co-President Christine Muttonen, who noted in her opening remarks that parliamentarians are in a unique position to “interact and co-operate with civil society,” as well as to “influence and strengthen government positions” on nuclear disarmament.
“Parliaments worldwide are doing this already,” she said. “Now it is time to better connect ourselves, to exchange experiences and best practices and to discuss the possibilities of joint action.”
The weekend before this conference, the ICAN hosted a Civil Society Forum, which was open to NGO and governmental representatives. Campaigners, activists, experts, public figures, and survivors gathered to learn and to teach and to build momentum to end the era of nuclear weapons.
An issue discussed at length at the ICAN forum was the Marshall Islands’ ongoing lawsuit against the United States and eight other nuclear powers. The lawsuit, filed at the International Court of Justice (ICJ) in April 2014, denounces the 60-plus nuclear tests that were conducted on the small island state’s territory between 1946 and 1958, and seeks to hold the U.S. accountable for violating the 1968 Nuclear Non-Proliferation Treaty by failing to disarm as agreed to in the treaty.
The Marshall Islands case has received support from many different organizations around the world. One supporter is the Nuclear Age Peace Foundation (NAPF), whose president, David Krieger, said: “The Marshall Islands is a small, gutsy country. It is not a country that will be bullied, nor is it one that will give up.”
“It knows what is at stake with nuclear weapons,” he continued, “and is fighting in the courtroom for humanity’s survival. The people of the Marshall Islands deserve our support and appreciation for taking this fight into the U.S. Federal Court and to the International Court of Justice, the highest court in the world.”
Russia, which along with the United States retains the bulk of the world’s nuclear arsenal, recently offered a reminder of which country invented these heinous weapons and which is the only country to have used them. Sergey Naryshkin, the Russian Lower House speaker, told the Russian History Society last month that he wants to initiate an international investigation into the U.S.’s 1945 nuclear bombing of Hiroshima and Nagasaki as a possible crime against humanity.
“Next year we will have the 70th anniversary of the Nuremberg Trial and also the same anniversary of the first and only nuclear bombings of two civilian cities – Hiroshima and Nagasaki,” he said. “It is not incidental that I mention these events together. I think we should discuss this topic together with lawyers and specialists in international law – for crimes against humanity have no statute of limitation.”
Naryshkin recalled that the nuclear attacks on Hiroshima and Nagasaki were not militarily justifiable, as the defeat of Japan was effectively decided after the Soviet Army’s victories in Manchuria.
“The nuclear bombing of two peaceful cities was a pure act of intimidation resulting in the deaths of several thousand Japanese civilians,” he said.
From the United Nations and the European Union to Human Rights Watch and Amnesty International to the governments of China and Afghanistan, voices are being raised around the world demanding accountability in response to the long-delayed release of the U.S. Senate’s CIA torture report.
The report’s 500-page executive summary — the full 6,000 pages are still classified — details gruesome techniques used against prisoners detained for suspected ties to terrorism, including practices such as near drowning, forcing detainees to stand on broken legs, threatening to kill or rape detainees’ family members, forced “rectal feeding” and “rectal hydration,” and disturbing details on a medieval “black site” prison in Afghanistan known as the Salt Pit, where at least one detainee froze to death.
The brutal interrogation sessions lasted in many cases non-stop for days or weeks at a time, leading to effects such as “hallucinations, paranoia, insomnia, and attempts at self-harm and self-mutilation,” and produced little to no useful information – raising serious questions about whether the torturers were motivated by genuine intelligence-gathering concerns or were simply acting out of sadism and cruelty.
While some voices being raised, such as those of the UN and Amnesty International, have been explicit in their calls for criminal prosecutions of the architects of the torture policies detailed in the report, others such as the EU and the governments of U.S. allies such as Great Britain are a bit more muted and conciliatory to the U.S. government.
Nevertheless, virtually all are unequivocally condemning the U.S. regime of enforced disappearances, extraordinary rendition, indefinite detention and torture that has defined U.S. counter-terrorism policies since Sept. 11, 2001.
Some of the strongest words have come from the UN Special Rapporteur on Human Rights and Counterterrorism Ben Emmerson, who stated unequivocally on Tuesday that senior officials from the Bush administration who sanctioned crimes, as well as the CIA and U.S. government officials who carried them out, must be prosecuted.
In a statement issued following the release of the report, the UN rapporteur said:
It is now time to take action. The individuals responsible for the criminal conspiracy revealed in today’s report must be brought to justice, and must face criminal penalties commensurate with the gravity of their crimes.
The fact that the policies revealed in this report were authorised at a high level within the US Government provides no excuse whatsoever. Indeed, it reinforces the need for criminal accountability.
International law prohibits the granting of immunities to public officials who have engaged in acts of torture. This applies not only to the actual perpetrators but also to those senior officials within the US Government who devised, planned and authorised these crimes.
He further emphasized the United States’ international obligation to criminally prosecute the architects and perpetrators of the draconian torture methods described in the report:
As a matter of international law, the US is legally obliged to bring those responsible to justice. The UN Convention Against Torture and the UN Convention on Enforced Disappearances require States to prosecute acts of torture and enforced disappearance where there is sufficient evidence to provide a reasonable prospect of conviction. States are not free to maintain or permit impunity for these grave crimes.
It is no defence for a public official to claim that they were acting on superior orders. CIA officers who physically committed acts of torture therefore bear individual criminal responsibility for their conduct, and cannot hide behind the authorisation they were given by their superiors.
In particular, “The U.S. attorney general is under a legal duty to bring criminal charges against those responsible,” he added.
Zeid Raad al-Hussein, the UN High Commissioner for Human Rights, said that it’s “crystal clear” under international law that the United States has an obligation under the UN Convention against Torture to ensure accountability.
“In all countries, if someone commits murder, they are prosecuted and jailed. If they commit rape or armed robbery, they are prosecuted and jailed. If they order, enable or commit torture — recognized as a serious international crime — they cannot simply be granted impunity because of political expediency,” he said.
UN Secretary-General Ban Ki-moon expressed hope that the torture report is the “start of a process” toward prosecutions, because the “prohibition against torture is absolute,” Ban’s spokesman said.
The UN’s calls were echoed by those of Amnesty International, the American Civil Liberties Union and Human Rights Watch, who in separate statements demanded that the individuals responsible for these policies be brought to justice.
Noting that the Senate report “must not be end of story,” Amnesty International lamented that limited Justice Department investigations into CIA interrogations were ended in 2012 with no charges. “Access to justice for those who endured abuses has been systematically blocked by U.S. authorities, including on the grounds of state secrecy,” noted Amnesty.
Said Erika Guevara, Americas Director of Amnesty International:
The declassified information contained in the summary, while limited, is a reminder to the world of the utter failure of the USA to end the impunity enjoyed by those who authorized and used torture and other ill-treatment. This is a wake-up call to the USA, they must disclose the full truth about the human rights violations, hold perpetrators accountable and ensure justice for the victims. This is not a policy nicety, it is a requirement under international law.
The ACLU’s Hini Shamsi stated:
The release of the Senate’s torture report summary is a tipping point and a reminder that the United States has never fully reckoned with a past that includes waterboarding, stress positions, beatings, sleep deprivation, threats of harm to children and other family members, among many devastatingly cruel acts. Once again, Americans, all of us, have an opportunity to choose how we end this story, whether that’s responsibly, with a full return to our laws and values, or shamefully, by failing to act now that the report summary is released. A conclusion that begins to heal wounds and rebuild U.S. credibility as a defender of rights instead of a perpetrator of rights violations consists of five parts, all of which work together to ensure that our nation never tortures again.
Shamsi offered a blueprint for accountability that includes the appointment of a special prosecutor, CIA reform, apologies to victims, and full disclosure.
Human Rights Watch said that President Obama should use his last two years in office to prosecute the crimes that the report has revealed. HRW Executive Director Kenneth Roth noted that “the Senate report summary should forever put to rest CIA denials that it engaged in torture, which is criminal and can never be justified.”
In an op-ed published by Reuters, Roth called out the lawyers of the Bush administration who provided legal rationales for torture, noting that “it is regrettable that those senior George W. Bush administration lawyers have escaped accountability for their complicity in torture, given their obligation as public officials and their ethical duty as lawyers to uphold the law.”
Their twisted justifications were not impartial interpretations of legal provisions but rather a judicial cover for criminality. “At minimum, they should have been disciplined for malpractice, if not prosecuted as accomplices,” wrote Roth.
Prosecution should also include the senior Bush officials who authorized torture and oversaw its use. To President Obama’s credit, he stopped the use of “enhanced interrogation techniques” from the moment he took office six years ago. But he has steadfastly refused to permit a broad investigation of the use of torture after 9/11, allowing only a narrow investigation into unauthorized interrogation techniques that resulted in no prosecutions.
Unless the Senate report’s revelations lead to prosecution of officials, torture will remain a “policy option” for future presidents, noted HRW.
The group described in detail U.S. hypocrisy on the issue of torture, providing an annotated table consisting of past statements of the U.S. government condemning other governments for the very same tactics that it has defended when employed by the CIA and U.S. military.
Noting that for years the U.S. denied that these techniques constituted torture, HRW noted plainly that many clearly do. “International bodies and U.S. courts have repeatedly found that ‘waterboarding’ and other forms of mock execution by asphyxiation constitute torture and are war crimes,” the group pointed out.
Other authorized techniques, including stress positions, hooding during questioning, deprivation of light and auditory stimuli, and use of detainees’ individual phobias (such as fear of dogs) to induce stress, violate the protections afforded all persons in custody – whether combatants or civilians – under the laws of armed conflict and international human rights law, and can amount to torture or “cruel, inhuman, or degrading treatment.” Accordingly, the United Nations Committee against Torture and the UN Special Rapporteur on Torture have clearly stated that these techniques are torture.
The European Union added its two cents on Wednesday saying that the Senate report “raises important questions about the violation of human rights by the U.S. authorities,” according to a statement by European Commission spokeswoman Catherine Ray. Despite the lack of accountability for these violations, Ray essentially praised President Barack Obama for ending the program in 2009 when he took office and for allowing the publication of the Senate’s findings.
“This report is a positive step in confronting publicly and critically the Central Intelligence Agency’s detention and interrogation program,” she said.
EU member states “recognize President Obama’s commitment to use his authority to ensure that these methods are never used again,” she added.
Not to be outdone in this exercise in diplomatic fellatio, the United Kingdom seemed to go out of its way to downplay the seriousness of the crimes described by the Senate report. UK Prime Minister David Cameron said that “after 9/11 there were things that happened that were wrong,” when he was asked about the report.
“Those of us who want to see a safer, more secure world, who want to see this extremism defeated, we won’t succeed if we lose our moral authority, if we lose the things that make our systems work and our countries successful,” Cameron said.
The German government welcomed the report and said that “torture can never be justified.” However, Obama has clearly spoken out against torture and in favor of human rights, according to the statement.
Other governments were less kind.
Asraf Ghani, president of Afghanistan – the site of some of the most deplorable acts of torture and maltreatment detailed in the report – called the report “shocking” and said that the CIA’s brutal interrogation program “violated all accepted norms of human rights in the world.”
President Ghani, who assumed his position in September, added, “There is no justification for such acts and human torturing in the world.”
Frequent targets of U.S. criticism such as China and North Korea also weighed in, using the opportunity to point out that the U.S. is being hypocritical for highlighting their human rights abuses while whitewashing its own.
“As Human Rights Day approaches, high-profile cases of violations within American borders and by its agencies abroad are being scrutinised, especially as it pertains to be a defender of civil liberties globally,” the Chinese state-owned Xinhua News Agency said in a commentary on Tuesday.
North Korea condemned the CIA’s “inhuman torture” methods highlighted in the Senate report. Pyongyang said the revelations posed a major test to the credibility of the UN Security Council, which it accused of “shutting its eyes” to rights violations by one of its permanent members while criticizing North Korea’s rights record.
Newspapers around the world have also raised harsh objections to the U.S. torture program and its attendant impunity that has seemingly become official United States policy. As the International Business Times reported on Wednesday,
Several international media outlets covered the extensive report of the five-year Senate Intelligence Committee investigation into the harsh techniques used to interrogate terrorists after the Sept. 11, 2001 attacks.
In Europe, columnists were angry with the U.S. for broadcasting an image of fairness and freedom while conducting torture behind the scenes. Bild, Germany’s leading tabloid, wrote that the torture report’s verdict that the CIA torture techniques ultimately didn’t work “cannot be beat for uniqueness.” Austria’s Kleine Zeitung ran a front-page photo with a superimposed headline reading “America’s Shame.”
The IBT article continued:
In the United Kingdom, a headline in the Daily Mail summed up its reaction to the report: “A truly black day for the ‘civilized’ West.” The opinion piece said the Senate committee’s release, “demolished the boast of the world’s most powerful democracy that it inhabits a higher moral universe than the terrorists it condemns as barbarians.” …
Spain’s prominent newspaper El País led its homepage with the CIA torture report Wednesday, with multiple stories chronicling what role the Bush administration played in allowing the enhanced interrogation tactics, as well as criticism of the report from former spies. Its main headline read in Spanish: “US uncovers the dirty war of the Bush era.”…
Colombia’s El Tiempo published multiple stories about the CIA torture report, its top headline blasting “The ‘unholy’ methods of the CIA after September 11.” …
Ecuador’s El Universo focused on how the CIA misled Congress. Its top headline read, “The CIA acted ‘more brutal’ than what it told Congress, says report.” Cuba’s official Granma newspaper followed a similar path. It’s website carried the CIA story toward the bottom of its homepage with the headline: “CIA interrogations, more brutal than thought.” …
The privately owned Egyptian daily Al Masry Al Youm featured a report detailing the methods used by the CIA to torture prisoners, highlighting the use of diapers and anal feeding. The Israeli daily Haaretz focused its coverage on the CIA’s citation of an Israeli Supreme Court ruling to justify its legal case for torture.
Seemingly oblivious to the worldwide condemnations of the CIA’s torture program and the seriousness of the international calls for accountability and justice, President Obama used the publication of the Senate report as an opportunity to tout the virtues of the United States, and actually praised the Central Intelligence Agency for its professionalism in carrying out its responsibilities.
In a stomach-turning, hypocrisy-laden statement focused on the well-worn but highly discredited notion of “American Exceptionalism,” Obama said:
Throughout our history, the United States of America has done more than any other nation to stand up for freedom, democracy, and the inherent dignity and human rights of people around the world. As Americans, we owe a profound debt of gratitude to our fellow citizens who serve to keep us safe, among them the dedicated men and women of our intelligence community, including the Central Intelligence Agency. Since the horrific attacks of 9/11, these public servants have worked tirelessly to devastate core al Qaeda, deliver justice to Osama bin Laden, disrupt terrorist operations and thwart terrorist attacks. Solemn rows of stars on the Memorial Wall at the CIA honor those who have given their lives to protect ours. Our intelligence professionals are patriots, and we are safer because of their heroic service and sacrifices.
In the years after 9/11, with legitimate fears of further attacks and with the responsibility to prevent more catastrophic loss of life, the previous administration faced agonizing choices about how to pursue al Qaeda and prevent additional terrorist attacks against our country. As I have said before, our nation did many things right in those difficult years. At the same time, some of the actions that were taken were contrary to our values. That is why I unequivocally banned torture when I took office, because one of our most effective tools in fighting terrorism and keeping Americans safe is staying true to our ideals at home and abroad.
He went on to trumpet his own commitment to human rights in rather misleading and self-serving statements about how he supposedly ended torture and pushed for the publication of the Senate report:
I will continue to use my authority as President to make sure we never resort to those methods again.
As Commander in Chief, I have no greater responsibility than the safety and security of the American people. We will therefore continue to be relentless in our fight against al Qaeda, its affiliates and other violent extremists. We will rely on all elements of our national power, including the power and example of our founding ideals. That is why I have consistently supported the declassification of today’s report. No nation is perfect. But one of the strengths that makes America exceptional is our willingness to openly confront our past, face our imperfections, make changes and do better.
These comments are almost completely false. Obama has neither used his full “authority as President to make sure we never resort to those methods again,” nor “consistently supported the declassification” of the Senate report. In fact, as many Senate Democrats have complained, he has fought tooth and nail to prevent the publication of the report, and more substantially, by blocking prosecutions of the architects and practitioners of the CIA’s torture program, he has virtually ensured that torture will remain a “policy option” for future presidents, as Human Rights Watch has warned.
Rejecting these claims as the empty platitudes and self-serving obfuscations that they are, several grassroots organizations are holding a series of nationwide demonstrations over the next week to demand accountability from the CIA, as well as its sister organization and partner in crime, the NSA.
For a full list of events, click here.
On the heels of a scathing report issued by the United Nations detailing the U.S. government’s lack of compliance with its international obligations on torture, several grassroots campaigns are increasing pressure on the United States to bring its human rights practices more closely in line with international norms.
In issuing its “concluding observations” on the U.S. torture record following the periodic review of U.S. compliance last month, the United Nations Committee against Torture noted that the U.S.’s lack of a specific law at the federal level prohibiting torture is out of step with article 1 of the Convention against Torture (CAT).
The Committee also regretted that the U.S. maintains a restrictive interpretation of the provisions of the CAT, particularly regarding the concept of “prolonged mental harm” related to torture that is prohibited under the treaty. In its concluding observations, issued on November 28, “the Committee recalls that under international law, reservations that are contrary to the object and purpose of a treaty are impermissible.”
The Committee expresses its grave concern over the extraordinary rendition, secret detention and interrogation programme operated by the U.S. Central Intelligence Agency (CIA) between 2001 and 2008, which involved numerous human rights violations, including torture, ill-treatment and enforced disappearance of persons suspected of involvement in terrorism-related crimes. While noting the content and scope of Presidential E.O. 13491, the Committee regrets the scant information provided by the State party with regard to the now shuttered network of secret detention facilities, which formed part of the high-value detainee programme publicly referred to by President Bush on 6 September 2006.
The Committee further regretted “the lack of information provided on the practices of extraordinary rendition and enforced disappearance; and, on the extent of the CIA’s abusive interrogation techniques used on suspected terrorists, such as water-boarding.” In this regard, it noted particular interest in the long-stalled declassification process of the U.S. Senate Select Committee on Intelligence’s report on the CIA’s detention and interrogation program.
The panel called on the Obama administration to release the Senate report on CIA torture “in the most complete and comprehensible form possible.” This comes as Senate Democrats have accused the White House of trying to censor key portions.
Other issues addressed by the UN included the treatment of migrants, including children held in “prison-like detention facilities,” as well as the “widespread prevalence of sexual violence, including rape, in prisons, jails and other places of detention by staff and by other inmates.” The Committee also expressed concern over “the notable gaps in the protection of juveniles in the State party’s criminal justice system.”
Concern was also raised over the high number of preventable deaths of inmates that take place in local jails and prisons in the United States. As the Committee noted,
958 inmates died while in the custody of local jails during 2012, an 8 percent increase from the 889 deaths in 2010. During the same year State prison deaths remained stable with 3,351 reported deaths. The Committee is particularly concerned about reports of inmate deaths occurred as a result of extreme heat exposure while imprisoned in unbearably hot and poor ventilated prison facilities in Arizona, California, Florida, New York, Michigan and Texas (arts. 2, 11 and 16).
To talk more about the UN’s findings, Dr. Jens Modvig, a co-author of the report, appeared on Democracy Now this week. Among other issues, Modvig discussed the topic of police brutality in the USA and the significance of the parents of Michael Brown – the unarmed black youth gunned down by a white police officer in August – testifying to the Committee against Torture.
The Committee “takes an interest in the measures that United States has in place to control excessive use of force and police brutality,” Modvig said. “When we look at the statistics,” he pointed out, “we heard from the United States delegation that during the last five years, a little over 300 hundred cases have been criminally prosecuted of police officers.”
We asked for the resource of these prosecutions but we have not received this information. So, where there’s still doubt as to whether the mechanisms to hold police officers accountable for excessive use of force, police brutality and even police shootings are probably in place. Another issue of importance is whether there is independent oversight bodies that can check up on the way that the power’s administered in the law enforcement. And also here we have some doubts whether police review boards are sufficiently independent. So, these are some of the concerns that committee has expressed vis-a-vis the United States Delegation.
In an effort to increase the level of accountability in the U.S. when it comes to widespread police violence, demonstrations have been taking place across the country, with protests picking up in recent days in response to the failure to indict a white cop in New York who choked to death an innocent black man by the name of Eric Garner last summer.
Civil rights leaders are also calling for a national march on Washington to demand that the federal government intervene in prosecutions of police officers facing criminal charges. The march will take place Saturday, Dec. 13, and the families of both Eric Garner and Michael Brown will attend, according to the Huffington Post.
“We’ll be in Washington, demanding redress,” Al Sharpton said, speaking at the headquarters of the National Action Network in Harlem. He was joined by representatives of the NAACP, the National Urban League and 14 other groups, all of whom are mobilizing for the march on Washington.
When it comes to the issue of CIA torture and the Obama administration’s official policy of impunity that shields human rights abusers from accountability, civil society groups from across the U.S. are organizing a week of grassroots action to highlight CIA crimes, as well as violations of privacy rights being carried out by the National Security Agency.
According to the call to action, “Vigils, protests, workshops, and other events will start nationwide on International Human Rights Day (December 10th) and conclude on Bill of Rights Day (December 15th).”
Events are currently planned in following cities:
— San Francisco, CA (12/15): http://on.fb.me/1yVv0mq
— Oakland, CA
— San Jose, CA (12/10): http://on.fb.me/1rW0mJs
— Berkeley, CA (12/6): http://on.fb.me/1BhbG5y
— Richmond, CA (12/8): http://on.fb.me/1yjiVDS
— Cleveland, OH
— Washington, DC (12/10): http://on.fb.me/1ysOOOg
— Chapel Hill, NC: (12/15) http://on.fb.me/1FQdujW
— Raleigh-Durham, NC:
. — 12/9: http://on.fb.me/1yjiWry
. — 12/10: http://on.fb.me/1FQcGeM
— Miami, FL
Other grassroots initiatives underway include a petition urging Sen. Mark Udall (D-CO) to submit the Senate Intelligence Committee’s torture report to the Congressional Record. Add your name to the petition here.
Also, the Witness Against Torture campaign will gather in Washington, DC on January 11, 2015, to mark the anniversary of the opening of the Guantanamo indefinite detention facility, also known as “Obama’s Forever Prison,” and the13 years of torture that have taken place there. More information here.
As the world watches in shock and revulsion at Israel’s latest onslaught of death and destruction in the Gaza Strip – killing more than 1,200 Palestinians in the past three weeks, including more than 200 children – the United States government is offering its full diplomatic, political and financial support for the carnage, making it culpable under international law for the ongoing war crimes.
Among the targets of the Israeli military in the past few days have been the Shati refugee camp and the Shifa hospital, as well as Gaza’s sole power plant, leaving civilians in a dire humanitarian situation from which there appears to be nowhere to take refuge.
The UN estimates that 78 percent of those killed in Gaza have been civilians and that 21 percent of them have been children. More than 3,000 homes in Gaza have been completely destroyed or rendered uninhabitable by Israeli attacks, leaving tens of thousands of Gazan residents homeless. Now the displaced and the injured are not even safe in hospitals and refugee camps.
Sharif Abdul Kouddous reported on the recent attacks for the Nation yesterday,
Shifa Hospital is again a scene of chaos. Wails of grief and shouts of anger fill the halls. People crouch on the floor staring out with bloodshot eyes; others rush by with bloodied clothes. Stretchers are wheeled back and forth, nearly all of them with bandaged children lying on top, eyes wide with fright or shock. Men and women weep, their hands on their mouths as they try to hold back the grief pouring out.
Nearly all the eyewitnesses say the same thing: children were playing on the street in the Al-Shati (Beach) refugee camp north of Gaza City. They scurried between a swing set on the sidewalk and a small grocery shop selling sweets and chips. At around 4:30 pm there was a loud explosion. Then many of the children lay still, some of them in pieces.
“I saw a massacre,” says Khaled al-Sirhi. The 22-year-old was sitting in the street with friends when the attack happened. “There were heads off bodies, shoulders half torn, hands gone, chests opened.” There is blood on al-Sirhi’s shirt and hands. Al-Sirhi carried two of the wounded to ambulances, his niece and a boy who died by the time he arrived at hospital. “There were no militants, no resistance members, just children,” he says.
Ten people were killed in the attack, including eight children, and forty were injured, thirty-two of them children, according to Gaza’s Health Ministry. Israel claimed a misfired militant rocket caused the carnage, but several eyewitnesses blamed the explosion on an airstrike. …
At the site of the Shati Camp attack, children’s sandals lie on the street next to pools of blood. Water gushes out of a broken pipe, turning red as it flows down the street. Leaves, blown off the trees by the force of the blast, blanket the ground. Shrapnel holes are everywhere, tearing holes in walls and cars. Young men gather in clusters. The sound of an outgoing rocket hisses out, its trail visible high in the sky. Chants of “Allah Akbar” echo in the street.
“We were playing on the swings and the missile hit and everyone started running,” says 6-year-old Anas Abu Shaafa. Two of his brothers were wounded in the attack, and two cousins were killed.
Although Israel attempted to blame Hamas for the attack on the refugee camp and hospital, the Guardian reported yesterday,
Witnesses in Gaza said missiles had been fired from Israeli F-16 jets. A spokesman for the interior ministry in Gaza, Iyad al-Buzm, said explosives experts from the Gaza police had examined “the targeted places and the remnants of shells there” as well as the wounds on the bodies, determining them to be from an Israeli strike.
These recent war crimes continue a pattern of wanton atrocities committed by the Israeli Defense Forces, which have targeted civilians – including women and children – mercilessly this month. As Palestinian journalist Mohammed Omer reported on Democracy Now yesterday,
I used to tell people, “Well, try to avoid areas where Hamas residents or Hamas people are living,” but nowadays I changed my theory, and I started to tell people to try to avoid places where children are located. Israel is targeting children in the Gaza Strip. Most of the airstrikes, most of the bombs, most of the artillery shelling that targets people is mostly children in all parts of the Gaza Strip.
Despite the horrific human toll of Israel’s brutal actions in the Gaza Strip, as well as a growing international chorus demanding a ceasefire, the U.S. continues to make clear its unconditional support for any crimes that the Israeli government commits, no matter how heinous.
In New York on Monday an estimated 10,000 Zionists demonstrated their support for the attack on Gaza, at which members of New York’s congressional delegation rallied the supporters with speeches near the United Nations. U.S. Democratic Rep. Steve Israel spoke at the rally, saying he is sending the UN a letter signed by more than 100 U.S. lawmakers to demand it not investigate Israel for war crimes.
President Obama has reportedly told Israeli Benjamin Netanyahu by phone of his concern over civilian casualties and apparently urged an immediate ceasefire, but publicly has voiced support for the Israeli attacks. Other U.S. officials persist in offering the unqualified backing of the United States government, expressing support in particular for “Israel’s right to defend itself.”
Standing in front of a banner reading #IsraelSolidarity, President Obama’s national security advisor Susan Rice this week said, “Here is one thing you never have to worry about: America’s support for the state of Israel.”
As The Guardian reports:
[Rice] singled out the vote by the UN human rights council last week in favour of an independent inquiry into alleged violations of international human rights and humanitarian law by Israel. Seventeen countries abstained during the vote, and only one country – the US – voted against.
Rice called the the UN inquiry “one-sided” and said it would “have no positive impact and should never have been created”. “The United States stood with Israel, and said ‘no’. We were the lone vote in the human rights council. Even our closest friends on the council abstained. It was 29 to one. But the one, as usual, was America. That is what we mean when we say: you are not alone.”
While this diplomatic support is perhaps not surprising considering the fact that Israel has long been the world’s number one recipient of U.S. military aid and fits in a longstanding pattern of unequivocal U.S. backing for Israel, the support for the ongoing war crimes and atrocities in the Gaza Strip could place the United States in violation of international law, and possibly domestic law.
According to the International Law Commission (ILC), the official UN body that codifies customary international law,
A State which aids or assists another State in the commission of an internationally wrongful act by the latter is internationally responsible for doing so if: (a) that State does so with knowledge of the circumstances of the internationally wrongful act; and (b) the act would be internationally wrongful if committed by that State” (Article 16 of the International Law Commission, “Articles on Responsibility of States for Internationally Wrongful Acts,” (2001) which were commended by the General Assembly, A/RES/56/83).
Further, the U.S. Foreign Assistance Act stipulates that “no security assistance may be provided to any country the government of which engages in a consistent pattern of gross violations of internationally recognized human rights” and the Arms Export Control Act authorizes the supply of U.S. military equipment and training only for lawful purposes of internal security, “legitimate self-defense,” or participation in UN peacekeeping operations or other operations consistent with the UN Charter.
As the U.S. Campaign to End the Israeli Occupation points out,
Because Israel misuses U.S. weapons to commit human rights abuses of Palestinians living under Israeli military occupation in the West Bank, East Jerusalem and Gaza Strip, including, but not limited to: the injuring and killing of civilians, the destruction of Palestinian civilian infrastructure, the severe restrictions on Palestinians’ freedom of movement, and the expropriation of Palestinian land and resources for Israeli settlements, it is pertinent to investigate whether Israel is violating U.S. laws aimed at ensuring that U.S. military aid and weapons are appropriately and legally used.
Given that U.S. military aid to Israel “directly contributes to Israel’s systematic human rights violations against Palestinians,” both Congress and the President “must utilize the investigative and reporting mechanisms found in these laws and hold Israel accountable for any and all violations of these laws as required,” concludes the U.S. Campaign.
The Center for Constitutional Rights also backs this view, calling for the State Department to enforce the Leahy Law. “The Leahy Law bars the U.S. from funding foreign military units and individuals where there is credible evidence that they took part in gross human rights violations,” explains CCR.
In a recent statement issued by the National Lawyers Guild, the group explained the international legal principles of distinction and proportionality:
The NLG believes that international humanitarian law must be adhered to. The principle of distinction requires all parties to distinguish between civilians and combatants, as well as between civilian objects and military objectives. The principle of proportionality prohibits launching an attack, which may be expected to cause loss of civilian life, injury to civilians, or damage to civilian objects, which would be excessive compared to the concrete military advantage anticipated. In addition, Palestinian civilians are protected under the Fourth Geneva Convention, which obliges Israel, as the Occupying Power, to ensure the well-being and safety of the occupied population and respect Palestinians’ right to life and dignity.
Israel has admitted intentionally targeting Palestinian civilians and homes. On July 8, the Israeli military announced that it had deliberately bombed the homes of four persons it called senior Hamas activists. According to international customary law, a permissible military objective is “limited to those objects which by their nature, location, purpose or use make an effective contribution to military action […or] or offers a definite military advantage.” The punitive targeting of the homes of people who may have links with armed groups, but are not taking active part in hostilities, is impermissible.
NLG concluded that “Israel’s framing of its military actions in Gaza as ‘self-defense’ is part of a long-standing effort to weaken and change international law. The US must end its complicity in this effort.”
This position has also been endorsed by a coalition of nearly 150 international law experts who issued a resolution on Monday calling for an immediate end to the “collective punishment” of the people of the Gaza Strip. The resolution asks the “international community” to intervene on behalf of those living in Gaza and directly challenges the Israeli government’s continued assertion that its attack on Gaza is legal under international law.
The opening paragraph of the document states:
As international and criminal law scholars, human rights defenders, legal experts and individuals who firmly believe in the rule of law and in the necessity for its respect in times of peace and more so in times of war, we feel the intellectual and moral duty to denounce the grave violations, mystification and disrespect of the most basic principles of the laws of armed conflict and of the fundamental human rights of the entire Palestinian population committed during the ongoing Israeli offensive on the Gaza Strip. We also condemn the launch of rockets from the Gaza Strip, as every indiscriminate attack against civilians, regardless of the identity of the perpetrators, is not only illegal under international law but also morally intolerable. However, as also implicitly noted by the UN Human Rights Council in its Resolution of the 23th July 2014, the two parties to the conflict cannot be considered equal, and their actions – once again – appear to be of incomparable magnitude.
Its call to action states:
We call upon the United Nations, the Arab League, the European Union, individual States, in particular the United States of America, and the international community in its entirety and with its collective power to take action in the spirit of the utmost urgency to put an end to the escalation of violence against the civilian population of the Gaza Strip, and to activate procedures to hold accountable all those responsible for violations of international law, including political leaders and military commanders. In particular:
All regional and international actors should support the immediate conclusion of a durable, comprehensive, and mutually agreed ceasefire agreement, which must secure the rapid facilitation and access of humanitarian aid and the opening of borders to and from Gaza.
For its part, Amnesty International is organizing a petition to be presented to Secretary of State John Kerry, which reads, “The Israeli military has used a wide variety of conventional weapons such as guns, bullets, missiles, drones, jet fighters, artillery, tanks, armoured vehicles and naval vessels to commit serious human rights abuses in Gaza. It is time for the U.S. government to urgently suspend arms transfers to Israel and to push for a UN arms embargo on all parties to the conflict.”
To add your name to the petition, click here.
The ANSWER Coalition is also organizing a national march on Washington to stop the massacre in Gaza on Saturday, Aug. 2. For more information, click here.
Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.
— Article 19 of the International Covenant on Civil and Political Rights
With one month to go before the public comment period ends on the Federal Communications Commission’s recent vote to advance a proposal that would end net neutrality and create a system of paid-prioritization online, a new report has come out criticizing the FCC’s actions as potentially undermining the U.S. government’s international obligations regarding freedom of expression.
The legal analysis issued Monday by the Organization for Security and Cooperation in Europe – an inter-governmental organization that counts the United States as one of its 57 members – found that the rules on net neutrality (the principle that internet service providers treat all data equally and not discriminate based on content or price paid) proposed by the FCC may violate one or more of the following international accords to which the United States has subscribed: the Universal Declaration of Human Rights, the International Convention on Civil and Political Rights, and the 1990 OSCE Copenhagen Document.
Prepared for the Office of the OSCE Representative on Freedom of the Media by George Washington University Law School Professor Dawn Carla Nunziato, the report points out that Article 19 of both the Universal Declaration of Human Rights and the ICCPR protects the right to freedom of expression and to seek, receive and impart information and ideas through any media and regardless of frontiers.
Despite this international obligation of the U.S. government, the FCC has proposed rules that would replace the so-called Nondiscrimination Rule with a No Commercially Unreasonable Practices Rule. As Prof. Nunziato explains it, “Permitting ‘commercially reasonable’ practices by broadband providers will allow – and indeed encourage – broadband providers to experiment with business models that include paid prioritization – and even exclusive paid prioritization – upon individualized negotiations with edge providers (providers of content, applications, and services).”
In practice, what this would mean is that broadband providers would be able to negotiate exclusive pay-for-priority arrangements with individual content providers, permitting broadband providers to anoint exclusive premium content providers “and effectively become censors of other disfavored, poorly funded, or unpopular content, by choosing not to favor such content for transmission to subscribers.”
For example, an internet service provider like Comcast “could enter into a deal with Foxnews.com to anoint it as the exclusive premium news provider for all Comcast subscribers, while comparatively disadvantaging all other news providers.”
Similarly, the FCC’s Proposed Rules would allow a broadband provider like Verizon to enter into an arrangement with the Republican National Committee to anoint it as the exclusive premium political site for all Verizon subscribers, while disadvantaging the Democratic National Committee’s and other political sites.
She goes on to describe other possible effects of this rule change:
Otherwise protected speech – a blog critical of Verizon’s latest broadband policies, a disfavored political party’s website – could be disfavored by broadband providers and not provided to Internet users in a manner equal to other, favored Internet content – subject only to the Proposed Rules’ vague prohibition against commercially unreasonable conduct. Such a regime would endanger the free flow of information on the Internet, would threaten freedom of expression and freedom of the media, and would herald the beginning of the end of the Internet as we know it.
The possibility of being sidelined by the ISPs could lead to “further entrenched market power by dominant content and applications providers, self-censorship by content providers who might alter their content to make it more palatable to broadband providers, and a reduction in the overall amount of speech that is meaningfully communicated as a result of content not being delivered effectively to its intended audience.”
These very real prospects led the OSCE Representative on Freedom of the Media, Dunja Mijatovic, to weigh in on the controversy yesterday.
“The proposed rules will allow telecommunications providers to discriminate against content which may conflict with their political, economic or other interests,” Mijatovic said in a letter to FCC Chair Tom Wheeler. “This would contradict international standards, OSCE commitments on free expression and freedom of the media and longstanding U.S. First Amendment principles.”
Besides U.S. international commitments on freedom of information, the net neutrality controversy spurred by the FCC and its chairman Tom Wheeler raises questions of U.S. compliance with its anti-corruption obligations under the UN Convention against Corruption. As a state party to this Convention, the United States has agreed to taking measures to prevent conflicts of interest and corruption in both the public and private sphere. In particular,
Each State Party shall, in accordance with the fundamental principles of its domestic law, endeavour to adopt, maintain and strengthen systems that promote transparency and prevent conflicts of interest.
Each State Party shall endeavour, where appropriate and in accordance with the fundamental principles of its domestic law, to establish measures and systems requiring public officials to make declarations to appropriate authorities regarding, inter alia, their outside activities, employment, investments, assets and substantial gifts or benefits from which a conflict of interest may result with respect to their functions as public officials. …
Preventing conflicts of interest by imposing restrictions, as appropriate and for a reasonable period of time, on the professional activities of former public officials or on the employment of public officials by the private sector after their resignation or retirement, where such activities or employment relate directly to the functions held or supervised by those public officials during their tenure.
Yet, the powerful chairmanship of Wheeler at the FCC demonstrates once again how the United States routinely flouts this obligation to prevent conflicts of interests. Prior to joining the FCC, Wheeler worked as a venture capitalist and lobbyist for the cable and wireless industry, with positions including President of the National Cable Television Association (NCTA) and CEO of the Cellular Telecommunications & Internet Association (CTIA). He also raised over $500,000 for Barack Obama’s two campaigns.
As a reward for this financial backing, President Obama then appointed him to his current position where is empowered with rewriting the rules for the industry that once employed him. This sort of patronage is not only prohibited under the Convention against Corruption, but now, as we see, is leading to multiple violations of international principles, as documented by the OSCE in its report issued Monday.
“The Internet was conceived as an open medium with the free flow of information as one of its fundamental characteristics,” Mijatovic said upon the report’s release. “This should be guaranteed without discrimination and regardless of the content, destination, author, device used or origin.”
Mijatovic expressed her hope that her recommendations will be taken into consideration by the FCC.
A very accessible, succinct explanation of the FCC’s proposed rule changes was offered recently by John Oliver on his cable show Last Week Tonight:
A full year after President Barack Obama’s last major public promise to close the travesty of justice known as the Guantanamo Bay detention center, halting steps towards progress were made this week with a number of developments offering a glimmer of hope for 154 men who remain at the prison camp in an endless state of legal limbo.
The developments come as dozens of human rights groups mobilize for a global day of action today calling for Guantanamo’s permanent closure, an end to indefinite detention policies and the release of the men still languishing in the prison.
On Wednesday, a U.S. federal judge ordered the release of secret video recordings of a hunger-striking Guantanamo detainee being force-fed by his captors. The force-feeding process is a highly controversial practice condemned last year by UN Special Rapporteur on Torture Juan Mendez as a “form of ill-treatment that in some cases can amount to torture.”
The Defense Department had long kept these videos secret. As the Guardian reports:
Before last week, the Defense Department did not even acknowledge that videotapes of its enteral feedings of hunger striking detainees – conducted by inserting a tube into the stomach through the nose – even existed.
But now the US government has conceded that there are 34 videos showing the forcible feeding of one detainee. The analogue video cassettes are part of a broader set of 136 videos showing Dhiab being forcibly removed from his cell by Guantánamo Bay guards bringing the hunger striker to be fed enterally.
District court judge Gladys Kessler, of the Washington DC circuit, rejected an argument from the government that the tapes were irrelevant to Dhiab’s unusual lawsuit, which seeks to get a federal judge to set the conditions of his military confinement, which Dhiab considers amount to torture.
While certainly a positive development, according to a press release on the judge’s ruling by the British human rights group Reprieve, “Judge Gladys Kessler did not require the government to hand over all 136 videos of Mr. Dhiab being subjected to the ‘Forcible Cell Extraction’ process – which has been done to him on average three times a week for a full year.” It is also not clear whether the Defense Department will comply with the ruling.
On Thursday, Judge Kessler urged the authorities to find a compromise that would spare him “the agony of having the feeding tubes inserted and removed for each feeding” and “the pain and discomfort of the restraint chair.” The judge declined to extend the temporary restraining order in Dhiab’s case because of the risk that he would die, saying:
The Court is now faced with an anguishing Hobson’s choice: reissue another Temporary Restraining Order (“TRO”) despite the very real probability that Mr. Dhiab will die, because he has indicated a continuing desire to refuse to eat and/or drink liquids, or refuse to issue the TRO and allow the medical personnel on the scene to take the medical actions to keep Mr Dhiab alive, but at the possible cost of great pain and suffering.
Also on Thursday, the United States House of Representatives voted on an amendment that could help pave the way to ultimately closing the detention facility. It was something of a mixed blessing though, as it failed to close the prison but removed some restrictions on the transfer of detainees. As the U.S.-based rights group Human Rights First explained:
Though the House voted against an amendment proposed by Representative Adam Smith (D-WA) that would have helped shutter the detention facility, the final bill included fewer restrictions on transferring detainees than it has in past years.
“We came out of today’s floor debate with progress toward the ultimate goal of closing Guantanamo,” noted Wala. “There seems to be a bipartisan acknowledgement that Guantanamo has to be dealt with and that the detention facility should and will close one way or another.”
The developments this week provide some added momentum to the “global day of action” today dedicated to closing Guantanamo, marking one year since President Obama restated his promise to close the detention center. As Amnesty International describes the event planned for Washington, DC (at Lafayette Park in front of the White House):
On Friday, May 23, one year after President Obama once again made the case for closing the detention facility at Guantánamo Bay in a speech at National Defense University, Amnesty International, the National Religious Campaign Against Torture, September 11th Families for Peaceful Tomorrows, Witness Against Torture and other groups are banding together in Washington as part of a Global Day of Action to Close Guantánamo and End Indefinite Detention.
In total, demonstrations will take place today in 35 cities around the world calling for Guantanamo’s closure and the end of indefinite detention. A full list of events is available here.
The human rights groups’ sense of urgency has been intensified by new revelations that some Guantanamo detainees who had been thought to have committed suicide were in fact murdered by CIA torturers at a secret interrogation facility site at Guantanamo called “Camp No” or “Penny Lane.”
The revelations were published in Harper’s Magazine last week, including an incriminating document indicating that the men had been tortured to death, rather than having committed suicide. In response, the Center for Constitutional Rights, which represents the families of two of the men who died, issued the following statement:
The new eyewitness account of what happened on the day three men died at Guantanamo adds to the growing body of information strongly undercutting the military’s narrative that the men committed suicide in their cells, and suggesting that the men were instead killed at a CIA-run black site at Guantánamo known as “Camp No” or “Penny Lane.” There has never been an impartial and effective investigation into the deaths, and the heavily-redacted version of the military investigation the government was compelled to release is riddled with inexplicable gaps and inconsistencies. One of those gaps was the document published today by Harper’s, which was apparently deliberately removed from the military’s public report.
The families’ attempt to seek the truth about these deaths was met with dismissal by the district and circuit courts in D.C., on the grounds that even if federal officials had been involved in the homicides, the courts were powerless to grant a remedy. The families have now turned to the Inter-American Commission on Human Rights, which should accept their petition, investigate the violations of international law they have alleged, and uphold their right – and the public’s right – to know the truth about what happened.
To find a demonstration near you to demand Guantanamo’s closure today, click here.
Following a wide-ranging investigation of the Albuquerque Police Department (APD), the U.S. Justice Department said last Thursday that the APD has for years engaged in a pattern of excessive force that violates the Constitution and federal law.
The investigation, launched in November 2012, examined whether APD engages in an unconstitutional pattern or practice of excessive force, including deadly force, specifically identifying three general patterns of police abuse:
- APD officers too frequently use deadly force against people who pose a minimal threat and in situations where the conduct of the officers heightens the danger and contributes to the need to use force;
- APD officers use less lethal force, including tasers, on people who are passively resisting, non-threatening, observably unable to comply with orders or pose only a minimal threat to the officers; and
- Encounters between APD officers and persons with mental illness and in crisis too frequently result in a use of force or a higher level of force than necessary.
The DOJ’s findings come on the heels of the recent police murder of a homeless man that has sparked a wave of demonstrations in Albuquerque, New Mexico’s largest city.
APD officers gunned down 38-year-old James Boyd on March 16 in the Sandia foothills following a standoff and after he allegedly threatened officers with a small knife, authorities said. But a helmet-camera video showed Boyd agreeing to walk down the mountain with them, gathering his things and taking a step toward officers just before they fired.
“It’s a tremendous injustice,” said community leader Ralph Arellanes of the shooting. “This was something that caught the attention of the world.”
Indeed, the world has been taking notice, not just of this particular incident, but in general the ongoing epidemic of police violence and the criminalization of homeless people in the United States.
Just last month, the United Nations Human Rights Committee issued a scathing report documenting serious human rights abuses in the United States, including the nationwide problem of police brutality, in particular against people of color and the homeless.
In a section called “Criminalization of homelessness,” the Human Rights Committee expressed concern about reports of “criminalization of people living on the street for everyday activities such as eating, sleeping, sitting in particular areas etc.”
The Committee noted that such criminalization raises concerns of discrimination and cruel, inhuman, or degrading treatment under articles 2, 7, 9, 17,and 26 of the International Covenant on Civil and Political Rights, and urged the U.S. to “abolish criminalization of homelessness laws and policies at state and local levels.”
In another section on “Excessive use of force by law enforcement officials,” the Human Rights Committee found that across the country, there is an unacceptably “high number of fatal shootings by certain police forces, including, for instance, in Chicago, and reports of excessive use of force by certain law enforcement officers including the deadly use of tasers, which have a disparate impact on African Americans.”
In order to bring its practices in line with international norms on law enforcement, the UN recommended that the U.S. government should:
(a) step up its efforts to prevent the excessive use of force by law enforcement officers by ensuring compliance with the 1990 UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officers; (b) ensure that the new CBP directive on use of deadly force is applied and enforced in practice; and (c) improve reporting of excessive use of force violations and ensure that reported cases of excessive use of force are effectively investigated, alleged perpetrators are prosecuted and, if convicted, punished with appropriate sanctions, that investigations are re-opened when new evidence becomes available, and that victims or their families are provided with adequate compensation.
The Basic Principles on the Use of Force and Firearms by Law Enforcement Officers that the Human Rights Committee referenced contains a number of guidelines that the U.S. would do well to implement in the interest of avoiding the unnecessary killings of civilians by police. For example,
Law enforcement officials, in carrying out their duty, shall, as far as possible, apply non-violent means before resorting to the use of force and firearms. They may use force and firearms only if other means remain ineffective or without any promise of achieving the intended result.
5. Whenever the lawful use of force and firearms is unavoidable, law enforcement officials shall:
(a) Exercise restraint in such use and act in proportion to the seriousness of the offence and the legitimate objective to be achieved;
(b) Minimize damage and injury, and respect and preserve human life;
(c) Ensure that assistance and medical aid are rendered to any injured or affected persons at the earliest possible moment;
(d) Ensure that relatives or close friends of the injured or affected person are notified at the earliest possible moment.
When tragedies do occur and police unnecessarily kill innocent people, the UN Basic Principles call for governments to “ensure that arbitrary or abusive use of force and firearms by law enforcement officials is punished as a criminal offence under their law.”
This is one area that is sorely lacking in the United States, with a general climate of impunity across the country for killer cops.
As a 2007 report prepared for the UN Human Rights Committee stated, the war on terror has “created a generalized climate of impunity for law enforcement officers, and contributed to the erosion of what few accountability mechanisms exist for civilian control over law enforcement agencies. As a result, police brutality and abuse persist unabated and undeterred across the country.”
“Systemic abuse of people of color by law enforcement officers has not only continued since 2001,” the report noted, “but has worsened in both practice and severity. According to a representative of the NAACP, ‘the degree to which police brutality occurs…is the worst I’ve seen in 50 years.’”
Even establishment publications such as the Wall Street Journal have noticed the troubling trend of rising police violence, dubbing the new breed of U.S. police officers “the warrior cop.” As a feature article in WSJ put it in August 2013,
Driven by martial rhetoric and the availability of military-style equipment—from bayonets and M-16 rifles to armored personnel carriers—American police forces have often adopted a mind-set previously reserved for the battlefield. The war on drugs and, more recently, post-9/11 antiterrorism efforts have created a new figure on the U.S. scene: the warrior cop—armed to the teeth, ready to deal harshly with targeted wrongdoers, and a growing threat to familiar American liberties.
In this context, while the new Justice Department report issued last week is certainly a welcome step towards some accountability, the fact is, much more is needed to bring U.S. police departments in line with international norms on law enforcement. A more comprehensive effort – including federal prosecutions of rogue cops – may be necessary if the United States is to bring itself into compliance with international policing norms.