Order your copy of The United States and Torture - A "gripping, interdisciplinary work" - see NYU Press.
"the best collection of essays on the topic" (Erwin Chemerinksy, Dean, UC Irvine Law School)
"an extraordinarily important book" (John W. Dean, Nixon White House counsel)

Order Rules of Disengagement“on the side of US service members who didn't check their conscience - and their sense of honor - at the door when they signed up." - see Truthout review.

Also, order Cowboy Republic - Makes the case for prosecuting Bush officials "with equisite legal detail" in "straightforward, everyman language" - see William Fisher review.

View Featured Broadcasts on Google and Professor Cohn's congressional testimony and interview on C-SPAN Book TV.


Monday, July 26, 2010

Puerto Rican Political Prisoner Carlos Alberto Torres Released Today After 30 Years

Today, Puerto Rican political prisoner Carlos Alberto Torres walked out of prison after 30 years behind bars. He was convicted of seditious conspiracy - conspiring to use force against the lawful authority of the United States over Puerto Rico. Torres was punished for being a member of an armed clandestine organization called the FALN, which had taken responsibility for bombings in the Chicago area that resulted in no deaths or injuries. He was not accused of taking part in these bombings, only of being a member of the FALN.

In 1898, Puerto Rico was ceded to the United States by Spain as war bounty in the treaty that ended the Spanish-American War. Nevertheless, the U.S. invaded Puerto Rico and has occupied it ever since. Puerto Ricans have always resisted foreign occupation of their land and called for independence.

Colonized peoples of other empires, particularly in Africa, also resisted colonial control, similarly risking prison and death. In the 1950’s and 60’s, some fought in their own national territory; others, like the Algerians, took their struggle to the metropolis. This wave of anti-colonial struggle led to the formation of a body of international law, which recognized colonialism as a crime against humanity, and which also recognized the right of a people to fight to end that crime, and in the process to use any means at their disposal, including armed struggle.

Torres, who was sentenced to 78 years, invoked international law in his defense, and argued that the courts of the colonizing country may not criminalize captured anti-colonial combatants, but must turn them over to an impartial international tribunal to have their status adjudicated.

The Puerto Rican independence movement enjoys wide support internationally, as evidenced by annual resolutions for 29 years of the United Nations Decolonization Committee, declarations of the Non-Aligned Movement, and recent submissions to the United Nations Human Rights Council Universal Periodic Review.

All of these expressions call on the U.S. government to release Puerto Rican political prisoners who have served 30 and 29 years of their disproportionately long 70 year sentences in U.S. prisons for cases related to the struggle for Puerto Rican independence. They include Torres (who was sentenced to 30 years) and Oscar López Rivera (sentenced to 29 years), as well as Avelino González Claudio, who was recently sentenced to seven years. None of these men was convicted for harming anyone or taking a life.

Torres’ attorney, National Lawyers Guild member Jan Susler of Chicago, notes, “Carlos is being released from prison due to the unflagging support of the Puerto Rican independence movement and others who work for human rights. The more than 10,000 letters of support from the U.S., Puerto Rico, Mexico and other countries sent a strong message to the Parole Commission.”

When President Clinton granted clemency to several of the other Puerto Rican political prisoners in 1999, he declared that “the prisoners were serving extremely lengthy sentences – in some cases 90 years – which were out of proportion to their crimes.” Clinton said he was moved by the support from “various members of Congress, a number of religious organizations, labor organizations, human rights groups, and Hispanic civil and community groups” along with “widespread support across the political spectrum within Puerto Rico,” as well as thousands of letters requesting their release. He also indicated that he was moved by “worldwide support on humanitarian grounds from numerous quarters,” pointing specifically to Jimmy Carter, Nobel Prize laureate South African Archbishop Desmond Tutu, and Coretta Scott King.

Supporters from all over the United States flocked to the welcoming celebration in Chicago, which took place in the heart of the Puerto Rican community. Tomorrow, Torres, his family and attorney will fly to Puerto Rico, where thousands will greet him with a concert of the nation’s finest musicians and artists.

Yet there is a damper on the celebration, as Torres leaves behind his compatriot Oscar López, a 67 year old decorated Viet Nam veteran. López did not accept the terms of President Clinton’s 1999 clemency offer, which would have required him to serve an additional 10 years in prison with good conduct. Though he declined the offer, López has now served the additional 10 years in prison with good conduct. Had he accepted the deal, he would have been released last September. Those who did accept are living successful lives, fully integrated into civil society. There is no reason to treat him differently.

While we celebrate this remarkable day in the life of Torres and the movement for Puerto Rican independence, let us commit ourselves to continue to struggle until Oscar López Rivera and Avelino González Claudio, as well as all political prisoners in U.S. prisons, also walk free.

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Sunday, July 25, 2010

John McCain on Iraq: ‘We Already Won That One'

On July 15, I attended a reception in Washington DC to celebrate the 15th anniversary of the normalization of relations between the United States and Vietnam. Geoff Millard and I spoke to Sen. John McCain. When Geoff introduced himself as chairman of the board of Iraq Veterans against the War, McCain retorted, “You’re too late. We already won that one.”

McCain is now the second U.S. official to declare “mission accomplished” in a war that continues to ravage the people and land of Iraq. “[I]t would be a huge mistake to see Iraq as either a success story or as stable,” Juan Cole, Professor of Modern Middle Eastern and South Asian History at the University of Michigan, wrote on Informed Comment. McCain's declaration of victory in Iraq is as specious as the one George W. Bush made after he strutted across the flight deck of the Abraham Lincoln on May 1, 2003.

Gen. David Petraeus is often credited with reducing the violence in Iraq after the “surge” of 30,000 extra U.S. troops. But the violence continues unabated. Every few days there are reports of suicide bombings, car bombs, roadside bombs, and armed attacks in Iraq. About 300 civilians continue to die each month and more than two million Iraqis continue to live as refugees.

I wonder how McCain defines "victory" in Iraq. The U.S. mission there has never been clear since the invasion in 2003. First the search for weapons of mass destruction proved fruitless. Then it became evident there was no link between Al Qaeda and Saddam Hussein. Finally we were told the U.S. invaded Iraq to accomplish regime change and bring democracy to the Iraqi people. But if democracy is the goal, there has been no victory.

Neither Prime Minister Nuri al-Maliki nor Ayad Allawi won a mandate in Iraq’s March election, which created a power vacuum. ”The shortages of power, which remain a chronic problem seven years after the American invasion, have combined with a near paralysis of Iraq’s political system and violence to create a volatile mix of challenges before a planned reduction of United States forces this summer,” according to the New York Times. Ryan Crocker, former U.S. ambassador to Iraq, described the “elitist authoritarianism that basically ignores the people.”

Sunni Arab insurgents have taken advantage of the political vacuum to mount “effective bombing campaigns” and target the banks, says Cole. Last month, attackers in military uniforms tried to storm the Central Bank of Iraq in Baghdad, causing explosions and gun battles with soldiers and police. Fifteen people were killed and 50 were wounded.

Most Iraqis have less than six hours of electricity per day. Baghdad’s poorer neighborhoods have as little as one hour per day, leaving them without so much as an electric fan to withstand the blistering heat – 120 degrees in some places. The electricity shortages caused thousands of Iraqis to join street demonstrations in Baghdad last month.

The political situation in Iraq is worse than it was before the U.S. invaded. Although Saddam Hussein was a tyrant, he nevertheless raised the Iraqi standard of living to a respectable level. “Saddam [had] improved the school system in Iraq and literacy for women was phenomenal for that of an Arab country at the time," William Quandt, a professor of Middle East politics at the University of Virginia who has served as an adviser to the American government on Mideast policy, said on the PBS News Hour. "People didn't go hungry in those days in Iraq," Quandt added.

"We knew Saddam was tough,” Mr. Said Aburish, author of a biography of Hussein called ‘Secrets of His Life and Leadership,’ noted on PBS Frontline. “But the balance was completely different then. He was also delivering. The Iraqi people were getting a great deal of things that they needed and wanted and he was popular.”

Al Qaeda did not operate in Iraq before Bush’s “Operation Iraqi Freedom.” Now Al Qaeda in Mesopotamia terrorizes Iraqis in areas like Amil in Mosul. “They say you have to slaughter soldiers and police,” Staff Col. Ismail Khalif Jasim told the New York Times.

There is a campaign of assassinations aimed at government officials across Iraq, the Times reported a few weeks ago: “Some 150 politicians, civil servants, tribal chiefs, police chiefs, Sunni clerks and members of the Awakening Council [former Sunni insurgents now aligned with the Iraqi government and U.S. military] have been assassinated throughout Iraq since the election.” Speculation about those responsible includes Shiite militia allies, Sunni extremist groups like Al Qaeda in Mesopotamia, Kurdish political parties, and Iran.

Reconstruction of what we have destroyed in Iraq remains elusive. After six years and $104 million spent on restoring a sewage treatment system in Falluja, U.S. officials are walking away without connecting a single house. American reconstruction officials have also walked away from partially completed police stations, schools and government buildings in the past months. “Even some of the projects that will be completed are being finished with such haste, Iraqi officials say, that engineering standards have deteriorated precipitously, putting workers in danger and leaving some of the work at risk of collapse,” the Times reported earlier this month.

President Obama is scheduled to reduce the number of U.S. soldiers in Iraq from 80,000 to 50,000 by the end of August. But that does not mean stability has been attained, nor does it mean the occupation will end. The U.S. is sending civilian "contractors" - perhaps more accurately called mercenaries - to replace them.

The number of State Department security contractors will more than double - from 2,700 to between 6,000 and 7,000 - according to a July 12 report of the bipartisan Commission on Wartime Contracting. The State Department has requested 24 Blackhawk helicopters, 50 Mine-Resistant Ambush-Protected vehicles, and other military equipment from the Pentagon. The gigantic U.S. embassy and five “Enduring Presence Posts” (U.S. bases) will remain in Iraq. The contractors are simply taking over the duties of the departing soldiers.

Transferring military functions to civilians is “one more step in the blurring of the lines between military activities and State Department or diplomatic activities,” said Richard Fontaine of the Center for a New American Security in Washington D.C.

The U.S. government has changed the language describing military activity in Iraq from combat operations to “stability operations,” but U.S. forces will continue to kill Iraqis. “In practical terms, nothing will change,” Maj. Gen. Stephen Lanza told the Times. “We are already doing stability operations.”

Bush’s war of choice in Iraq has caused 4,413 American deaths. Iraq Body Count estimates that between 97,110 and 105,956 Iraqi civilians have been killed. Untold numbers have been seriously wounded. By September, we will have spent nearly $750 billion on this war and occupation.

John McCain should examine the actual state of affairs in Iraq. If he does, he might stop declaring victory.

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Tuesday, July 6, 2010

Losing in Afghanistan

Last week, the House of Representatives voted 215-210 for $33 billion to fund Barack Obama’s troop increase in Afghanistan. But there was considerable opposition to giving the President a blank check. One hundred sixty-two House members supported an amendment that would have tied the funding to a withdrawal timetable. One hundred members voted for another amendment that would have rejected the $33 billion for the 30,000 new troops already on their way to Afghanistan; that amendment would have required that the money be spent to redeploy our troops out of Afghanistan. Democrats voting for the second amendment included House Speaker Nancy Pelosi and nine Republicans. Both amendments failed to pass.

The new appropriation is in addition to the $130 billion Congress has already approved for Iraq and Afghanistan this year. And the 2010 Pentagon budget is $693 billion, more than all other discretionary spending programs combined.

Our economic crisis is directly tied to the cost of the war. We are in desperate need of money for education and health care. The $1 million per year it costs to maintain a single soldier in Afghanistan could pay for 20 green jobs.

Not only is the war bankrupting us, it has come at a tragic cost in lives. June was the deadliest month for U.S. troops in Afghanistan. In addition to the 1,149 American soldiers killed in Afghanistan, untold numbers of Afghan civilians have died from the war - untold because the Defense Department refuses to maintain statistics of anyone except U.S. personnel. After all, Donald Rumsfeld quipped in 2005, “death has a tendency to encourage a depressing view of war.”

There are other “depressing” aspects of this war as well. As Gen. Stanley McChrystal reported just days before he got the axe, there is a “resilient and growing insurgency” with high levels of violence and corruption within the Karzai government. McChrystal’s remarks were considered “off message” by the White House, which was also irked by the general’s criticisms of Obama officials in a Rolling Stone article. McChrystal believes that you can’t kill your way out of Afghanistan. “The Russians killed 1 million Afghans and that didn’t work.”

He and his successor, Gen. David Petraeus, likely disagree on the need to prevent civilian casualties (known as “Civ Cas”). McChrystal instituted some of the most stringent rules of engagement the U.S. military has had in a war zone: “Patrol only in areas that you are reasonably certain that you will not have to defend yourselves with lethal force.” Commanders cannot fire on buildings or other places if they have reason to believe civilians might be present unless their own forces are in imminent danger of being overrun. And they must end engagements and withdraw rather than risk harming noncombatants. McChrystal knows that for every innocent person you kill, you create new enemies; he calls it “insurgent math.” According to the Los Angeles Times, McChrystal “was credited with bringing about a substantial drop in the proportion of civilian casualties suffered at the hands of NATO’s International Security Assistance Force and its Afghan allies.”

While testifying in Congress before he was confirmed to take McChrystal’s place, Petraeus told senators that some U.S. soldiers had complained about the former’s rules of engagement aimed at preventing civilian casualties.

According to the Rolling Stone article, Obama capitulated to McChrystal’s insistence that more troops were needed in Afghanistan. In his December 1 speech at West Point, the article says, “the president laid out all the reasons why fighting the war in Afghanistan is a bad idea: It’s expensive; we’re in an economic crisis; a decade-long commitment would sap American power; Al Qaeda has shifted its base of operations to Pakistan. Then,” the article continued, “without ever using the words ‘victory’ or ‘win,’ Obama announced that he would send an additional 30,000 troops to Afghanistan, almost as many as McChrystal had requested.”

Both Obama and Petraeus no longer speak of “victory” over the Taliban; they both hold open the possibility of settlement with the Taliban. Indeed, Maj. Gen. Bill Mayville, chief of operations for McChrystal, told Rolling Stone, “It’s not going to look like a win, smell like a win or taste like a win.”

The majority of Americans now oppose the war in Afghanistan. Fareed Zakaria had some harsh words for the war on his CNN show, saying that “the whole enterprise in Afghanistan feels disproportionate, a very expensive solution to what is turning out to be a small but real problem.” Noting that CIA director Leon Panetta admitted that the number of Al Qaeda left in Afghanistan may be 50 to 100, Zakaria asked, “why are we fighting a major war” there? “Last month alone there were more than 100 NATO troops killed in Afghanistan,” he said. “That’s more than one allied death for each living Al Qaeda member in the country in just one month.” Citing estimates that the war will cost more than $100 billion in 2010 alone, Zakaria observed, “That’s a billion dollars for every member of Al Qaeda thought to be living in Afghanistan in one year.” He queried, “Why are we investing so much time, energy, and effort when Al Qaeda is so weak?” And Zakaria responded to the argument that we should continue fighting the Taliban because they are allied with Al Qaeda by saying, “this would be like fighting Italy in World War II after Hitler’s regime had collapsed and Berlin was in flames just because Italy had been allied with Germany.”

There is also division in the Republican ranks over the war. Republican National Committee chairman Michael Steele made some gutsy comments about the war in Afghanistan, saying it is not winnable and calling it a “war of Obama’s choosing.” (Even though George W. Bush first invaded Afghanistan, Obama made the escalation of U.S. involvement a centerpiece of his campaign.) Steele said that if Obama is “such a student of history, has he not understood that, you know, that’s the one thing you don’t do, is engage in a land war in Afghanistan? Everyone who has tried, over 1,000 years of history, has failed.” Interestingly, Republicans Lindsey Graham and John McCain slammed Steele and jumped to Obama’s defense. Rep. Ron Paul, however, agreed with Steele, saying, “Michael Steele has it right, and Republicans should stick by him.”

Obama will likely persist with his failed war. He appears to be stumbling along the same path that Lyndon Johnson followed. Johnson lost his vision for a “Great Society” when he became convinced that his legacy depended on winning the Vietnam War. It appears that Obama has similarly lost his way.

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