Friday, December 11, 2009
On Thursday, President Obama said:
We lose ourselves when we compromise the very ideals that we fight to defend.
Presumably, complying with American and international law are some of the ideals that we fight to defend.
Torture is a violation of both international and American law. Specifically, the Geneva Convention makes it illegal to inflict mental or physical torture or inhuman treatment.
As I pointed out in 2005:
The War Crimes Act of 1996, a federal statute set forth at 18 U.S.C. § 2441, makes it a federal crime for any U.S. national, whether military or civilian, to violate the Geneva Convention by engaging in murder, torture, or inhuman treatment.Have Things Changed Under the Obama Administration?
The statute applies not only to those who carry out the acts, but also to those who ORDER IT, know about it, or fail to take steps to stop it. The statute applies to everyone, no matter how high and mighty.
Indeed, even the lawyers and other people who aided in the effort may be war criminals; see also this article , this one, and this press release.
You may assume that things have changed after President Obama was sworn in.
However, the Obama Department of Justice is trying to protect torture memo writer John Yoo. As constitutional law expert Jonathan Turley notes:
The president literally has gotten onto a plane this evening to go to Norway to accept the Nobel Prize, while his Justice Department is effectively gutting a major part of Nuremberg.
The Obama administration is arguing not only that they shouldn't be prosecuted, but it's now saying that you shouldn't even be able to sue them civilly .... It's an international disgrace.
Well, it may be a disgrace, but at least torture isn't continuing under the Obama administration, right?
As Spiegel wrote on September 21, 2009, in an article entitled "Prisoner Abuse Continues at Bagram Prison in Afghanistan":
US President Barack Obama has spoken out against CIA prisoner abuse and wants to close Guantanamo. But he tolerates the existence of Bagram military prison in Afghanistan, where more than 600 people are being held without charge. The facility makes Guantanamo look like a "nice hotel," in the words of one military prosecutor...
Bagram is "the forgotten second Guantanamo," says American military law expert Eugene Fidell, a professor at Yale Law School. "But apparently there is a continuing need for this sort of place even under the Obama administration.
"From the beginning, "Bagram was worse than Guantanamo," says New York-based attorney Tina Foster, who has argued several cases on behalf of detainee rights in US courts. "Bagram has always been a torture chamber."
And what does Obama say? Nothing. He never so much as mentions Bagram in any of his speeches. When discussing America's mistreatment of detainees, he only refers to Guantanamo.
Obama still never mentions Bagram.
From the beginning, Bagram was notorious for the brutal forms of torture employed there. Former inmates report incidents of sleep deprivation, beatings and various forms of sexual humiliation [and rape with sticks]...
At least two men died during imprisonment. One of them, a 22-year-old taxi driver named Dilawar, was suspended by his hands from the ceiling for four days, during which US military personnel repeatedly beat his legs. Dilawar died on Dec. 10, 2002. In the autopsy report, a military doctor wrote that the tissue on his legs had basically been "pulpified." As it happens, his interrogators had already known -- and later testified -- that there was no evidence against Dilawar...
However attorney Tina Foster feels that the new initiative is just a cosmetic measure. "There is absolutely no difference between the Bush administration and the Obama administration's position with respect to Bagram detainees' rights," she says during an interview with SPIEGEL in her office in the New York borough of Queens.
And see this.
Moreover, Obama is still apparently allowing "rendition flights" - where prisoners are flown to countries which freely torture - to continue. This itself violates the Geneva Convention and the War Crimes Act of 1996.
Specifically, to the extent that the U.S. is sending prisoners to other countries for the express purpose of being tortured are true, violation of the war crimes act by the highest officials of our country would be probable. For who else but Obama, Gates and other top officials would have the ability to authorize such flights? How could such a program be undertaken without their knowledge? And how could such a program be anything but the intentional "ordering" of torture, or at least "knowing about it" and "failing to take steps to stop it"?
Finally, Jeremy Scahill - the reporter who broke most of the stories on Blackwater - says that some forms of torture at Guantanamo have continued under Obama, and may even have gotten worse. For example, Scahill points out that:
The Center for Constitutional Rights released a report titled "Conditions of Confinement at Guantánamo: Still In Violation of the Law," which found that abuses continued. In fact, one Guantanamo lawyer, Ahmed Ghappour, said that his clients were reporting "a ramping up in abuse" since Obama was elected.But Torture Is a Necessary Evil
Many would say that this is disgusting, but that torture is a necessary evil to defend our national security.
But as I have previously pointed out:
- Torture actually reduces our national security
- Most of those tortured were innocent
- Torture has also been used throughout history as a form of intimidation, to terrorize people into obedience, not for gathering information
Moreover, the type of torture used by the U.S. in the last 10 years is of a special type. Senator Levin revealed that the U.S. used torture techniques aimed at extracting false confessions.
McClatchy subsequently filled in some of the details:
Former senior U.S. intelligence official familiar with the interrogation issue said that Cheney and former Defense Secretary Donald H. Rumsfeld demanded that the interrogators find evidence of al Qaida-Iraq collaboration...For most of 2002 and into 2003, Cheney and Rumsfeld, especially, were also demanding proof of the links between al Qaida and Iraq that (former Iraqi exile leader Ahmed) Chalabi and others had told them were there."
It was during this period that CIA interrogators waterboarded two alleged top al Qaida detainees repeatedly — Abu Zubaydah at least 83 times in August 2002 and Khalid Sheik Muhammed 183 times in March 2003 — according to a newly released Justice Department document...
When people kept coming up empty, they were told by Cheney's and Rumsfeld's people to push harder," he continued."Cheney's and Rumsfeld's people were told repeatedly, by CIA . . . and by others, that there wasn't any reliable intelligence that pointed to operational ties between bin Laden and Saddam . . .
A former U.S. Army psychiatrist, Maj. Charles Burney, told Army investigators in 2006 that interrogators at the Guantanamo Bay, Cuba, detention facility were under "pressure" to produce evidence of ties between al Qaida and Iraq.
"While we were there a large part of the time we were focused on trying to establish a link between al Qaida and Iraq and we were not successful in establishing a link between al Qaida and Iraq," Burney told staff of the Army Inspector General. "The more frustrated people got in not being able to establish that link . . . there was more and more pressure to resort to measures that might produce more immediate results."
"I think it's obvious that the administration was scrambling then to try to find a connection, a link (between al Qaida and Iraq)," [Senator] Levin said in a conference call with reporters. "They made out links where they didn't exist."
Levin recalled Cheney's assertions that a senior Iraqi intelligence officer had met Mohammad Atta, the leader of the 9/11 hijackers, in the Czech Republic capital of Prague just months before the attacks on the World Trade Center and the Pentagon.
The FBI and CIA found that no such meeting occurred.
In other words, top Bush administration officials not only knowingly lied about a non-existent connection between Al Qaida and Iraq, but they pushed and insisted that interrogators use special torture methods aimed at extracting false confessions to attempt to create such a false linkage. See also this and this.
Paul Krugman summarized eloquently summarized the truth about the type of torture used:
Let’s say this slowly: the Bush administration wanted to use 9/11 as a pretext to invade Iraq, even though Iraq had nothing to do with 9/11. So it tortured people to make them confess to the nonexistent link.There’s a word for this: it’s evil.
Torture Is Antithetical to American Ideals
All torture is unjustifiable, as it produces no good intelligence and weakens national security. I think that - as Congress recognized in passing the War Crimes Act of 1996 - all torture is antithetical to American ideals.
The surge in Afghanistan is not necessary. For example, the U.S. admits there are only a small handful of Al Qaeda in Afghanistan. As ABC notes:
U.S. intelligence officials have concluded there are only about 100 al Qaeda fighters in the entire country.And a leading advisor to the U.S. military - the very hawkish Rand Corporation - released a study in 2008 called "How Terrorist Groups End: Lessons for Countering al Qa'ida". As a press release about the study states:
With 100,000 troops in Afghanistan at an estimated yearly cost of $30 billion, it means that for every one al Qaeda fighter, the U.S. will commit 1,000 troops and $300 million a year.
Terrorists should be perceived and described as criminals, not holy warriors, and our analysis suggests that there is no battlefield solution to terrorism.There are additional reasons why prolonging the Afghan war may reduce our national security, such as arguably weakening our economy.
If Nobel Peace Prize winner Obama is going to escalate the war in Afghanistan anyway, the least he should do is stop all torture.