Category Archives: Issues

NEWS & ANALYSIS: Changes in Hamas; Israel’s continued expansion

Hamas and al-Qaida: The prospects for radicalization in the Palestinian Occupied Territories

The rise of the Islamic Resistance Movement — Hamas — in the Palestinian Occupied Territories of the West Bank and Gaza provided a challenge for Israel and the West. Israel, the United States and the European Union have responded to this challenge by failing to differentiate Hamas from other and more radical Islamist movements and networks. That policy, which includes economic and political sanctions, now threatens to radicalize Palestinian society, pushing supporters of Hamas into the arms of al-Qaida and other salafist organizations. What are the prospects that — should the Hamas political program fail as a result of these sanctions — the Palestinian population will turn to more radical Islamist groups? [complete article]

IDF reservists: Hamas men fight like soldiers, not terrorists

Reserve-duty paratroopers who completed a month of duty in the Gaza Strip last week say that facing militant groups such as Hamas was like taking part in a “mini-war.”

During the patrol company’s operations deep in Palestinian territory, four Hamas militants and one Israel Defense Forces soldier, Sergeant-Major (Res.) Ehud Efrati, were killed. “The people we killed weren’t terrorists, they were soldiers,” an officer in the company told Haaretz.

“In a direct confrontation, the IDF has superiority over them, but in all parameters – training, equipment quality, operational discipline – we are facing an army, not gangs,” he said. [complete article]

Israel flouts pledge to curb settlements

Israel is enlarging 88 of its 122 West Bank settlements despite an agreement to halt the spread of Jewish communities in Palestinian territory, the watchdog group Peace Now said Wednesday.

A report by the group, which documented the construction of new homes with aerial photography and on-site visits, heated up the debate here over a key issue for the U.S.-sponsored peace summit planned by year’s end.

Israel wants to keep large blocks of settlements in a final peace accord, but the Palestinians demand the entire West Bank for a future state. Under a 2003 U.S.-backed plan known as the “road map,” Israel agreed to stop the expansion of settlements as a first step toward negotiations on final borders. [complete article]

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NEWS: Displaced, bribed, killed without provocation, Iraqis look forward to economic surge

Report: 14 percent of Iraqis now displaced

The Special Inspector General for Iraq Reconstruction offered a generally optimistic picture of security developments in Iraq in his quarterly report to Congress on Tuesday, but noted that while violence was down, one of every seven Iraqis — 14 percent of Iraq’s population — is now displaced by the war.

The report said that electricity production in Iraq reached its highest level since early 2003, in part because insurgent attacks on power-lines and repair crews have declined. Corruption, however, remains a major problem, the report said. [complete article]

Will ‘armloads’ of US cash buy tribal loyalty?

Inside a stately guesthouse on the grounds of Saddam Hussein’s palace in Tikrit on the banks of the Tigris, sheikh Sabah al-Hassani jokes that the initials “SH” of the former dictator etched on the walls are his.

“I have a weakness for Cuban cigars, French cologne, and Spanish-made loafers,” he says with a wide grin.

Since June, Mr. Hassani, who claims to be one of the princes of the legendary Shammar tribe, which numbers nearly 7 million across the Arab world, says he has received at least $100,000 in cash and numerous perks from the US military and the Iraqi government.

With his help, at least $1 million has also been distributed to other tribal sheikhs who have joined his Salahaddin Province “support council,” according to US officers. Together, they have assembled an armed force of about 3,000 tribesmen dubbed the “sahwa [awakening] folks.”

All of these enticements serve one goal: To rally Sunni tribes and their multitude of followers to support coalition forces.

The payments are a drop in the bucket given the billions spent annually in Iraq by the United States. And paying tribes to keep the peace is nothing new. It was one of Mr. Hussein’s tools in his selective patronage system designed to weaken and control all institutions outside his Baath party. The British also tried it when they ruled Iraq last century. [complete article]

Militant group is out of Baghdad, U.S. says

Soon, General Fil said, there will be fewer troops for the Iraqis to rely on. “Already we are at a point where we’ll see that as the surge forces depart the city, we’ll see a natural decline in numbers, and I’m very comfortable where that comes to,” he said.

With less than two months to go before his division heads home, General Fil offered a mixed vision of the military’s role for the coming year. He said that if 2007 was the year of security, 2008 would probably be “a year of reconstruction, a year of infrastructure repair, and a year of, if there’s going to be a surge, a year of the surge of the economy.” [complete article]

How Blackwater sniper fire felled 3 Iraqi guards

Last Feb. 7, a sniper employed by Blackwater USA, the private security company, opened fire from the roof of the Iraqi Justice Ministry. The bullet tore through the head of a 23-year-old guard for the state-funded Iraqi Media Network, who was standing on a balcony across an open traffic circle. Another guard rushed to his colleague’s side and was fatally shot in the neck. A third guard was found dead more than an hour later on the same balcony.

Eight people who responded to the shootings — including media network and Justice Ministry guards and an Iraqi army commander — and five network officials in the compound said none of the slain guards had fired on the Justice Ministry, where a U.S. diplomat was in a meeting. An Iraqi police report described the shootings as “an act of terrorism” and said Blackwater “caused the incident.” The media network concluded that the guards were killed “without any provocation.” [complete article]

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OPINION: The crime of waterboarding

Waterboarding used to be a crime

As a JAG in the Nevada National Guard, I used to lecture the soldiers of the 72nd Military Police Company every year about their legal obligations when they guarded prisoners. I’d always conclude by saying, “I know you won’t remember everything I told you today, but just remember what your mom told you: Do unto others as you would have others do unto you.” That’s a pretty good standard for life and for the law, and even though I left the unit in 1995, I like to think that some of my teaching had carried over when the 72nd refused to participate in misconduct at Iraq’s Abu Ghraib prison.

Sometimes, though, the questions we face about detainees and interrogation get more specific. One such set of questions relates to “waterboarding.”

That term is used to describe several interrogation techniques. The victim may be immersed in water, have water forced into the nose and mouth, or have water poured onto material placed over the face so that the liquid is inhaled or swallowed. The media usually characterize the practice as “simulated drowning.” That’s incorrect. To be effective, waterboarding is usually real drowning that simulates death. That is, the victim experiences the sensations of drowning: struggle, panic, breath-holding, swallowing, vomiting, taking water into the lungs and, eventually, the same feeling of not being able to breathe that one experiences after being punched in the gut. The main difference is that the drowning process is halted. According to those who have studied waterboarding’s effects, it can cause severe psychological trauma, such as panic attacks, for years. [complete article]

See also, Retired JAGs send letter to Leahy: “Waterboarding is inhumane, it is torture, and it is illegal.” (Crooks and Liars).

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ANALYSIS: Christian conservatives are not of one mind

Social conservatives fracture as Robertson endorses Giuliani

Televangelist Pat Robertson endorsed Rudy Giuliani’s campaign Wednesday, a surprising embrace that underscored the divisions among Christian conservatives about the field of candidates for the Republican presidential nomination.

By itself, Robertson’s support of the former New York mayor was an unusual partnership between a Christian conservative who once blamed the 2001 terrorist attacks on American sins such as abortion and a social liberal who supports abortion rights and gay rights.

But coming the same day that another prominent Christian conservative — Sen. Sam Brownback of Kansas — endorsed Sen. John McCain of Arizona, and two days after influential conservative Paul Weyrich endorsed former Massachusetts Gov. Mitt Romney, it was a fresh sign that one of the most influential blocs of voters in the party remains splintered. [complete article]

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OPINION & EDITOR’S COMMENT: A tyranical fear of terrorism

Pakistan’s general anarchy

For those who have never had to live under [Musharraf’s] regime, the general/president can come across as a rakish, daredevil figure. His résumé is impressive: here’s a man who can manage the frontline of the Western world’s war on terrorism, get rid of prime ministers at will, force his political opponents into exile and still find the time to write an autobiography. But ask the lawyers, judges, arts teachers and students behind bars about him, and one will find out he is your garden-variety dictator who, after having spent eight years in power, is asking why can’t he continue for another eight.

General Musharraf’s bond with his troops is not just ideological. Under his command Pakistan’s armed forces have become a hugely profitable empire. It’s the nation’s pre-eminent real estate dealer, it dominates the breakfast-cereal market, it runs banks and bakeries. Only last month Pakistan’s Navy, in an audacious move, set up a barbecue business on the banks of the Indus River about 400 miles away from the Arabian Sea it’s supposed to protect.

It’s a happy marriage between God and greed.

For now, the general’s weekend gamble seems to have paid off. From Washington and the European Union he heard regrets but no condemnation with teeth — exactly what he counted on.

General Musharraf has always tried to cultivate an impression in the West that he is the only one holding the country together, that after him we can only expect anarchy. But in a country where arts teachers and lawyers are behind bars and suicide bombers are allowed to go free, we definitely need to redefine anarchy. [complete article]

Editor’s Comment — What Musharraf has done is to expose the lie embedded in the war on terrorism. The terror threat is so large, so ubiquitous, and so diabolical that it is supposedly worse than tyranny. In the 21st century, oppression has become a tolerable part of the landscape. Curious indeed it is that those among Musharraf’s allies who so frequently declare that terrorism is the greatest threat to our freedom, appear so blithely indifferent when they witness freedom being taken away. If they show some discomfort it is because they know that their own hypocrisy is now on full display.

In the heart of Pakistan, a deep sense of anxiety

Three days after President Pervez Musharraf declared emergency rule, a deep sense of anxiety prevails among Pakistan’s students, rights activists and intellectuals, who say the mass arrests being carried out by the government mark an unprecedented assault on civil society.

When Musharraf suspended the constitution Saturday, he said he had been forced to act by rising extremism and judicial interference in his efforts to protect the country. But in Lahore, an ancient city that has long served as the cultural and intellectual heart of Pakistan, many government critics see a smoke screen being used to quash opposition.

Over the weekend, they note, an estimated 70 community leaders were arrested here during a cookies-and-tea meeting of the Human Rights Commission of Pakistan. Those detained included a college dean, a well-known poet, an economics professor and a board member of the International Crisis Group. [complete article]

See also In Pakistan, echoes of Iran (David Ignatius).

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NEWS, OPINION & EDITOR’S COMMENT: An American awakening?

Picking up after failed war on terror

Given that Bush’s version of global war has proved such a costly flop, what ought to replace it? Answering that question requires a new set of principles to guide U.S. policy. Here are five:

* Rather than squandering American power, husband it. As Iraq has shown, U.S. military strength is finite. The nation’s economic reserves and diplomatic clout also are limited. They badly need replenishment.

* Align ends with means. Although Bush’s penchant for Wilsonian rhetoric may warm the cockles of neoconservative hearts, it raises expectations that cannot be met. Promise only the achievable.

* Let Islam be Islam. The United States possesses neither the capacity nor the wisdom required to liberate the world’s 1.4 billion Muslims, who just might entertain their own ideas about what genuine freedom entails. Islam will eventually accommodate itself to the modern world, but Muslims will have to work out the terms.

* Reinvent containment. The process of negotiating that accommodation will produce unwelcome fallout: anger, alienation, scapegoating and violence. In collaboration with its allies, the United States must insulate itself against Islamic radicalism. The imperative is not to wage global war, whether real or metaphorical, but to erect effective defenses, as the West did during the Cold War.

* Exemplify the ideals we profess. Rather than telling others how to live, Americans should devote themselves to repairing their own institutions. Our enfeebled democracy just might offer the place to start.

The essence of these principles can be expressed in a single word: realism, which implies seeing ourselves as we really are and the world as it actually is. [complete article]

Editor’s Comment — “Seeing ourselves as we really are and the world as it actually is” — yes indeed, wouldn’t that be a welcome change? But it would also amount to a profound transformation in the American psyche.

Few people in the world have a realistic self-image — what distinguishes Americans is that their lack of self-understanding has such a destructive impact on others.

As occupants of a continent with vast oceans to either side, there is a geographic realism to America’s sense of isolation. The gulf that now needs to be crossed is psychological — it requires that Americans acquire the conviction that the world matters. Yet the world as “other” — as somewhere else — is something from which we have set ourselves apart. Having distasterously ventured into this other, discovered that we are often unwelcome and even reviled, the natural response is to retreat.

The pompous advocates of engagement assert that the world needs American leadership. The message that Americans and the world really need to hear is the reverse: America needs the world. We cannot afford to isolate ourselves. We cannot afford to remain ignorant. The world that seems other is simply a world in which we have yet to understand our place. It is a world in which we should neither assert preeminence nor project our fear.

Next president urged to fix global image

The next US president must expand American involvement in the United Nations and other international bodies and dramatically increase foreign aid – especially among Muslim countries – to reverse the steep decline in American influence and enhance national security, a bipartisan group of politicians, business executives, and academics said in a report yesterday.
more stories like this

The report, titled “A Smarter and Safer America,” also condemned what it called the American “exporting of fear” since the Sept. 11, 2001, terrorist attacks, and criticized the use of “hard power,” military might, as the main component of US foreign policy instead of the “soft power” of positive US influences.

But the authors – including Richard Armitage, former deputy secretary of state under President Bush, retired Supreme Court Justice Sandra Day O’Connor, and Harvard professor Joseph S. Nye Jr. – said their recommendations, issued one year ahead of Election Day, is a foreign policy blueprint for Democratic and Republican presidential hopefuls. [complete article]

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ANALYSIS: The torture trail

CIA rendition: The smoking gun cable

A Feb. 5 cable records that al Libi was told by a “foreign government service” (Egypt) that: “the next topic was al-Qa’ida’s connections with Iraq…This was a subject about which he said he knew nothing and had difficulty even coming up with a story.”

Al Libi indicated that his interrogators did not like his responses and then “placed him in a small box approximately 50cm X 50cm [20 inches x 20 inches].” He claimed he was held in the box for approximately 17 hours. When he was let out of the box, al Libi claims that he was given a last opportunity to “tell the truth.” When al Libi did not satisfy the interrogator, al Libi claimed that “he was knocked over with an arm thrust across his chest and he fell on his back.” Al Libi told CIA debriefers that he then “was punched for 15 minutes.”

Here was a cable then that informed Washington that one of the key pieces of evidence for the Iraq war — the al Qaeda/Iraq link — was not only false but extracted by effectively burying a prisoner alive.

Although there have been claims about torture inflicted on those rendered by the CIA to countries like Egypt, Syria, Morocco and Uzbekistan, this is the first clear example of such torture detailed in an official government document.

The information came almost one year before the president and other administration members first began to confirm the existence of the CIA rendition program, assuring the nation that “torture is never acceptable, nor do we hand over people to countries that do torture.”

Last September, these red-hot CIA cables were declassified and published by the Senate Intelligence Committee, but in, a welter of other news, one of the most important documents in the history of rendition had passed almost without notice by the media. As far as I can tell, not a single newspaper reported details of the cable. [complete article]

See also, The agonizing truth about CIA renditions (Stephen Grey).

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NEWS ANALYSIS OPINION & EDITOR’S COMMENTS: Iran, war, prisoners, oil, nuclear advances

The Iranian challenge

Iran will be the top foreign policy challenge for the United States in the coming years. The Bush Administration’s policy (insistence on zero enrichment of uranium, regime change and isolation of Iran) and the policy of the radicals around President Mahmoud Ahmadinejad (unlimited civilian nuclear capability, selective inspections and replacing the United States as the region’s dominant power) have set the two countries on a collision course. Yet the mere retirement of George W. Bush’s neocons or Ahmadinejad’s radicals may not be sufficient to avoid the disaster of war.

The ill-informed foreign policy debate on Iran contributes to a paradigm of enmity between the United States and Iran, which limits the foreign policy options of future US administrations to various forms of confrontation while excluding more constructive approaches. These policies of collision are in no small part born of the erroneous assumptions we adopted about Iran back in the days when we could afford to ignore that country. But as America sinks deeper into the Iraqi quicksand, remaining in the dark about the realities of Iran and the actual policies of its decision-makers is no longer an option.

A successful policy on Iran must begin by reassessing some basic assumptions:

1. Iran is ripe for regime change.

Not true. Although the ruling clergy in Iran are very unpopular, they are not going anywhere anytime soon. [complete article]

Editor’s Comment — At a moment when numerous contrasts and comparisons are being drawn between Iran and Pakistan, this is one among many that deserves underlining: non-nuclear Iran is more politically stable than nuclear Pakistan.

Noun + verb + 9/11 + Iran = Democrats’ defeat?

… there is nonetheless a method to all the mad threats of war coming out of the White House. While the saber- rattling is reckless as foreign policy, it’s a proven winner as election-year Republican campaign strategy. The real point may be less to intimidate Iranians than to frighten Americans. Fear, the only remaining card this administration still knows how to play, may once more give a seemingly spent G.O.P. a crack at the White House in 2008.

Whatever happens in or to Iran, the American public will be carpet-bombed by apocalyptic propaganda for the 12 months to come. Mr. Bush has nothing to lose by once again using the specter of war to pillory the Democrats as soft on national security. The question for the Democrats is whether they’ll walk once more into this trap.

You’d think the same tired tactics wouldn’t work again after Iraq, a debacle now soundly rejected by a lopsided majority of voters. But even a lame-duck president can effectively wield the power of the bully pulpit. From Mr. Bush’s surge speech in January to Gen. David Petraeus’s Congressional testimony in September, the pivot toward Iran has been relentless. [complete article]

See also, Inexorable march toward war with Iran? (Joseph L. Galloway).

U.S. ‘to release’ Iranians in Iraq

The US military in Iraq says it intends to release nine Iranians being held there, including two detained on suspicion of helping Shia militias.

They were among five Iranians who Tehran insists are diplomats seized in the Kurdish city of Irbil in January.

The announcement came as Iran opened two consulates in northern Iraq to improve ties with the Kurdish region.

Iran’s ambassador said the detention of the five men was an “illegal act against Iraqi sovereignty”. [complete article]

Editor’s Comment — Hmmm…. I wonder whether Centcom commander Admiral Fallon came back from Pakistan with word that this would be a good time to slip this one under the radar while Bush and Cheney were distracted?

US faces dilemma in targeting Iran’s oil

With oil above $95 a barrel, there are limits to how much pressure the U.S. is willing to place on Iran’s petroleum sector to influence a persistent nuclear standoff, analysts say.

The dilemma is pretty clear for the world’s largest energy consuming nation, which last week announced sanctions against several Iranian oil-services firms. Taking more aggressive action risks hurting America’s economy, while enriching Iran’s.

Washington is also limited by the reality that, even if it wanted to take a more bellicose stance, it can do little — short of military action — to hinder Iran’s oil sales at a time when global demand is bulging. [complete article]

See also, Oil passes $98 on weaker dollar (BBC).

Poll finds Americans split on taking military action in Iran

Americans are concerned about Iran’s nuclear program but split on whether military action should be undertaken if diplomacy and economic sanctions fail to stop it, according to a new USA TODAY/Gallup Poll.

The findings underscore public concern about an Iranian threat and a partisan divide over how to respond. Iran has emerged as a key issue in the presidential race, especially among Democrats.

While 46% of those surveyed say military action should be taken either now or if diplomacy fails, 45% rule it out in any case. Republicans are twice as likely as Democrats to endorse taking military steps. [complete article]

Experts: No firm evidence of Iranian nuclear weapons

Despite President Bush’s claims that Iran is pursuing nuclear weapons that could trigger “World War III,” experts in and out of government say there’s no conclusive evidence that Tehran has an active nuclear-weapons program.

Even his own administration appears divided about the immediacy of the threat. While Bush and Vice President Dick Cheney speak of an Iranian weapons program as a fact, Bush’s point man on Iran, Undersecretary of State Nicholas Burns, has attempted to ratchet down the rhetoric.

“Iran is seeking a nuclear capability … that some people fear might lead to a nuclear-weapons capability,” Burns said in an interview Oct. 25 on PBS.

“I don’t think that anyone right today thinks they’re working on a bomb,” said another U.S. official, who requested anonymity because of the issue’s sensitivity. Outside experts say the operative words are “right today.” They say Iran may have been actively seeking to create a nuclear-weapons capacity in the past and still could break out of its current uranium-enrichment program and start a weapons program. They too lack definitive proof, but cite a great deal of circumstantial evidence. Bush’s rhetoric seems hyperbolic compared with the measured statements by his senior aides and outside experts. [complete article]

Defiant Iran reaches key nuclear target

Iran has reached a key target of 3,000 centrifuges for uranium enrichment, President Mahmoud Ahmadinejad said on Wednesday, vowing to ignore UN resolutions calling for a halt to Tehran’s sensitive nuclear work.

“We have now reached 3,000 machines,” a defiant Ahmadinejad told a rally in the northeastern city of Birjand.

It was not the first time that the president had boasted that Iran had 3,000 centrifuges up and running. [complete article]

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NEWS: The Taliban continues to advance

Taliban stage a coup of their own

While the world’s attention focused on the troubles of President General Pervez Musharraf following his declaration of a state of emergency in Pakistan at the weekend, the Taliban have launched a coup of their own in Afghanistan and the Pashtun areas of Pakistan.

Pakistani troops had prevented the Taliban from launching their planned post-Ramadan (Muslim holy month) offensive into Afghanistan by invading the Pakistani North Waziristan and South Waziristan tribal areas on October 7.

The Taliban managed to set up a counter engagement by stirring their network in the Swat Valley in North-West Frontier Province, which took the pressure off the Waziristans. The November 4 declaration of an emergency and the preparations before it was enforced distracted the military. As a result, several villages and towns in the Swat Valley, only a drive of four hours from Islamabad, have fallen to the Taliban without a single bullet being fired – fearful Pakistani security forces simply surrendered their weapons. [complete article]

See also, Afghan suicide blast ‘kills 40’ (BBC).

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OPINION: America and Britain’s failure in Iraq

The enemy within

The world’s finest military launches a highly coordinated shock-and-awe attack that shows enormous initial progress. There’s talk of the victorious troops being home for Christmas. But the war unexpectedly drags on. As fighting persists into a third, and then a fourth year, voices are heard calling for negotiations, even “peace without victory.” Dismissing such peaceniks and critics as defeatists, a conservative and expansionist regime — led by a figurehead who often resorts to simplistic slogans and his Machiavellian sidekick who is considered the brains behind the throne — calls for one last surge to victory. Unbeknownst to the people on the home front, however, this duo has already prepared a seductive and self-exculpatory myth in case the surge fails.

The United States in 2007? No, Wilhelmine Germany in 1917 and 1918, as its military dictators, Field Marshal Paul von Hindenburg and his loyal second, General Erich Ludendorff, pushed Germany toward defeat and revolution in a relentless pursuit of victory in World War I. Having failed with their surge strategy on the Western Front in 1918, they nevertheless succeeded in deploying a stab-in-the-back myth, or Dolchstoßlegende, that shifted blame for defeat from themselves and Rightist politicians to Social Democrats and others allegedly responsible for losing the war by their failure to support the troops at home.

The German Army knew it was militarily defeated in 1918. But this was an inconvenient truth for Hindenburg and the Right, so they crafted a new “truth”: that the troops were “unvanquished in the field.” So powerful did these words become that they would be engraved in stone on many a German war memorial. [complete article]

Britain’s failure in Iraq

Last month’s announcement of substantial withdrawals of British troops from southern Iraq is a useful vantage point from which to review Britain’s part in the occupation. The role of the United States has been the more important, and is far better documented and understood. But Britain’s role has not been insignificant, especially for the people of southern Iraq.

In 2003, Britain promised a post-Saddam Iraq that would be “a stable, united and law-abiding state providing effective representative government to its own people.” That those ambitions have not been realised is now widely acknowledged even within the political establishment. A recent report by Michael Knights and Ed Williams described Iraq’s deep south, the area for which Britain is responsible, as “a kleptocracy” where “well armed political-criminal mafiosi have locked both the central government and the people out of power”.

Britain’s official goals have now been significantly downgraded to keeping violence at a manageable level, and leaving local administrators and security services to deal with the situation. Even this is far from being achieved, and Britain faces these problems in near isolation from the international community. British policymakers and analysts will be asking themselves what went wrong for many years to come. [complete article]

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EDITORIAL: The real world of torture

Jack Bauer vs. Abdallah Higazy — Fiction vs. Reality

jackbauer.jpgabdallah-higazy.jpg

According to a new CNN poll, 69 percent of Americans believe that waterboarding is a form of torture. Even so, a staggering 40 percent of Americans polled believe that the US government should be allowed to use this form of torture to get information from suspected terrorists.

Commentators on this issue have expressed moral outrage — “waterboarding is killing America’s soul,” proclaims the Philadelphia Daily News‘ “Attytood.” Some see this as an afront to American pride — Keith Olbermann challenges President Bush by saying, “[We don’t condone torture] because we’re Americans, sir, and we’re better than that. We’re better than you.” While there are those who express indifference — the Wall Street Journal regards this as “mostly a political sideshow.”

Yet for those 40 percent of Americans who favor the use of torture, their view has in all likelihood been clearly expressed by Democratic Senator, Charles Schumer, who in a 2004 Senate hearing said:

I think there are probably very few people in this room or in America who would say that torture should never ever be used, particularly if thousands of lives are at stake. . . . It is easy to sit back in the armchair and say that torture can never be used, but when you are in the foxhole it is a very different deal. And I respect, I think we all respect the fact that the President is in the foxhole every day.

This then is how the issue is being framed: on one side are those who see themselves adopting the moral high ground — though their critics perceive them as being holier-than-thou, starry-eyed idealists; and on the other side are those who believe in the necessity of making tough choices in extreme circumstances — though their opponents see them as having lost their moral bearings.

At the center of this debate is an argument of perceived necessity. And the narrative that animates this argument, borrowed from Israel and used there in an earlier debate on the legitimacy of torture, is the “ticking bomb” scenario.

The scenario itself is fanciful. We are all familiar with the suspense movie in which the reality of what is feared is confirmed by making the audience privilege to the whereabouts of a bomb and the time left before it will explode. In post-9/11 America the impact of such dramas has been heightened by the likes of Fox TV’s fictional counter-terrorism agent, Jack Bauer. Let’s face it, for a population that forms most of its understanding of the world through television, such imagery has a visceral impact. But in Israel itself, where the danger of terrorism is more tangible and ubiquitous, the ticking bomb scenario is itself no less a product of fiction and has served no less as a political tool. As Stephen Langfur wrote in 1996:

Israel wants to present itself as an enlightened democracy on the Western model, but it has locked itself into the role of Occupier, with the result that toward part of the population under its control it must behave like a police-state. The “ticking bomb scenario” offers an exceptional, border-line situation, in which everyone can understand that even an enlightened democracy might have to use torture. What Israel does, therefore, is to extend the fantasy of the bomb in the crowded building to include analogous situations—even remotely analogous. Israel can then allow its security apparatus to approach interrogations as if they were all “ticking bombs.” Thus it can keep wearing the mask of an enlightened democracy, while functioning like a police-state. The “ticking bomb scenario,” for which torture is useless, “koshers” other situations where torture can be useful.

Indeed, Langfur points out that Israeli General Security Service officials used the ticking bomb argument to intimidate judges. After all, who would be willing to curtail an interrogation and thereafter be accused of having failed to prevent carnage? Yet in practice, so-called ticking bombs turned out to be prisoners who had been held in detention for weeks — plenty of time for plots to be revised and for the seeming inevitability of any attack to evaporate.

If an interrogation method’s “necessity” was to be based on the magnitude of a risk averted, then any technique applied to bring about the desired result would surely be justifiable. On what basis could one say that it was acceptable to use waterboarding to make the prisoner fear that he was about to drown, yet bleach could not be poured in his eyes, if in both cases the justification for the brutality was the necessity of saving innocent Israeli or American lives? If brutality can be graded on a scale, then on what basis can we say that in one instance the end justify the means while in another it does not, when necessity is determined by the end and not the means?

The issue here cannot be addressed or resolved by considering fictional scenarios. Instead we need to focus on reality and fortunately there is already one case that provides the perfect litmus test: the case of Abdallah Higazy.

On December 17, 2001, Higazy was detained and questioned by the FBI and then held as a material witness, suspected of being an accomplice in the 9/11 attacks on the World Trade Center in New York. He had been staying in a nearby hotel and was thought to have been in possession of an air-band transceiver capable of air-to-air and air-to-ground communication that could have been used as a beacon to direct the hijacked aircraft into their targets, the Twin Towers. As a terrorist suspect Higazy was as hot as they get.

Under interrogation he kept on changing his story. He had to be lying. FBI agents said they gave Higazy a “polygraph” yet the United States Court of Appeals opinion [PDF] quotes the suspect as saying that the test produced “intense pain.” The court opinion states that “Higazy asked whether anybody else had ever suffered physical pain during the polygraph, to which [FBI Special Agent Michael] Templeton replied: “[i]t never happened to anyone who told the truth.” Was Higazy being given a polygraph or was he being electrocuted?

The court opinion continues:

Higazy alleges that during the polygraph, Templeton told him that he should cooperate, and explained that if Higazy did not cooperate, the FBI would make his brother “live in scrutiny” and would “make sure that Egyptian security gives [his] family hell.” Templeton later admitted that he knew how the Egyptian security forces operated: “that they had a security service, that their laws are different than ours, that they are probably allowed to do things in that country where they don’t advise people of their rights, they don’t – yeah, probably about torture, sure.”

If so-called harsh interrogation methods can be justified, Abdallah Higazy was surely the perfect candidate to be given the third degree. He was suspected of having played an instrumental role in the worst terrorist attack the world has ever seen. This must have been — as Vice President Cheney would say — a no-brainer. Or not?

Anyone familiar with the name, Abdallah Higazy, will of course know that he was completely innocent. The FBI quickly realized as much when a few weeks after Higazy’s detention an airline pilot showed up looking for the radio transceiver he had left behind when he had been evacuated from his hotel on September 11.

When FBI Special Agent Templeton was interrogating his suspect, were Cheney’s words from September 16, 2001, still fresh in his mind?

We also have to work, though, sort of the dark side, if you will. We’ve got to spend time in the shadows in the intelligence world. A lot of what needs to be done here will have to be done quietly, without any discussion, using sources and methods that are available to our intelligence agencies, if we’re going to be successful. That’s the world these folks operate in, and so it’s going to be vital for us to use any means at our disposal, basically, to achieve our objective.

Templeton certainly went to the dark side, but the terrorist he was after wasn’t there. The question that needs to be addressed now and that needs to be the concern of the next attorney general is not what methods of interrogation can be applied in a ticking bomb scenario; it is this: how should the law have protected Abdallah Higazy?

Interrogation is a means of inquiry, not a method of punishment. In the war on terrorism, the presumption of innocence should not be treated as a legal luxury — it is a recognition that suspects are not always (contrary to what the administration would have us believe) the worst of the worst, but on the contrary that with unfortunate frequency they have included the innocent.

Forget about ticking time bombs and remember Abdallah Higazy. After all, those who now want to justify torture do so in the name of protecting the innocent.

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NEWS, ANALYSIS, OPINION & EDITOR’S COMMENT: Musharraf’s detour on the path to democracy

Pakistan shakes off U.S. shackles

…it turns out that the former prime minister Bhutto’s abrupt departure for Dubai in the United Arab Emirates last Thursday against the advice rendered by most of her party leaders happened just in time when it dawned on the US and Britain that despite their strong urgings, the generals were hell-bent on the imposition of emergency rule. The US and Britain counseled her to get out of harm’s way and quickly leave the country.

The initial statements of “regret” by the Western capitals, especially Washington, need to be taken with a pinch of salt. To be sure, the US policy toward Pakistan finds itself in a cul-de-sac. Musharraf’s move coincides almost to the hour with the thundering speech by President George W Bush at the Heritage Foundation, a Washington-based think-tank, on Thursday in which he blasted the US Congress for failing to take his “war on terror” not seriously enough, and he went on to compare Osama bin Laden to Adolf Hitler and Vladimir Lenin.

Addressing his neo-conservative acolytes, Bush came back to his favorite theme that via his “war on terror”, he was actually waging a global war for democracy and freedom. He compared Islamist “plans to build a totalitarian Islamist empire … stretching from Europe to North Africa, the Middle East and South East Asia” to the Third Reich. He claimed that US-led campaigns have “liberated 50 million people from the clutches of tyranny” in Iraq and Afghanistan. Bush said the people in the Middle East are “looking to the United States to stand up for them”.

Alas, we knew only a day later that just as Bush was speaking, one of his staunchest allies in his pet global war was squashing democracy and freedom. The US doublespeak becomes all too apparent in the mildly reproachful comment over Musharraf’s move, bordering on resignation, by the US spokesmen. It indicates that Washington’s dealings with the Musharraf regime will continue and normal business will resume once the dust has settled down. [complete article]

lawyersdefendingdemocracy.jpg

Editor’s Comment — These images of protesting lawyers in Pakistan deserve to become one of the lasting icons of the so-called war on terrorism. The Bush administration — however much handwringing it might engage in — once again has put itself on the wrong side of the law. Tariq Azim Khan, Pakistan’s minister of information, in what the New York Times describes as “unusually candid terms,” says that the United States would rather have a “stable” Pakistan than risk see democracy “fall into the hands of extremists.” In the same cynical spirit as talk-circuit motivational speakers, administration officials have now adopted a the journey is the goal philosophy as they express their hope that General Musharraf can keep Pakistan on the “path to democracy.”

(And here’s a note to America’s legal profession: How about demonstrating outside the White House in solidarity with your Pakistani counterparts? Their willingness to stand up to batton-wielding police is the kind of pro bono work that democracy defenders the world over, should be applauding.)

A second coup in Pakistan

The key question Musharraf faces is how long the army will continue to back him. Rank-and-file soldiers are keenly aware of the widening gulf between them and the public they are supposed to protect. The army, already demoralized, is unwilling to fight a never-ending war against its own people.

For now, the judges are gone, the media has been censored, the opposition and lawyers jailed and curtailed. But Musharraf’s emergency is not sustainable. Ruling by force without any political support will prove impossible. [complete article]

U.S. military aid to Pakistan misses its Al Qaeda target

Despite billions of dollars in U.S. military payments to Pakistan over the last six years, the paramilitary force leading the pursuit of Al Qaeda militants remains underfunded, poorly trained and overwhelmingly outgunned, U.S. military and intelligence officials said.

Pakistani President Pervez Musharraf cited the rising militant threat in declaring a state of emergency on Saturday and suspending the constitution.

But rather than use the more than $7 billion in U.S. military aid to bolster its counter-terrorism capabilities, Pakistan has spent the bulk of it on heavy arms, aircraft and equipment that U.S. officials say are far more suited for conventional warfare with India, its regional rival. [complete article]

Editor’s Comment — Hmmm… So we’re supposed to believe the administration isn’t happy to see military aid being spent on F-16s? On the contrary, it just sounds like that well-oiled revolving door that circulates American tax dollars, allocated as “foreign aid,” back into the pockets of American defense contractors. That’s how the military-industrial complex is designed to run isn’t it?

Fear and brutality inside the fiefdom of Islamist shock jock

The tourist brochures call it the Switzerland of south Asia – a mountain idyll of rushing turquoise rivers, snow-dusted peaks and Pakistan’s sole ski piste.

But now the Swat valley in northern Pakistan has a dark new reputation, as the frontline in the country’s faltering war on Islamist extremism.

On Saturday General Pervez Musharraf cited surging violence in Swat – including suicide bombings, beheadings and kidnappings – as a justification for the imposition of emergency rule. His security forces are battling an Islamist militia led by Maulana Fazlullah, a radical cleric with a flair for theatrics who wants to turn Swat into a mini Islamic fiefdom. The fight has been short but brutal, leaving hundreds dead. [complete article]

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NEWS: Taliban make territorial advances

Taliban capture third western Afghan district

Taliban insurgents have captured a third district in western Afghanistan, local officials said on Monday, defying Western assertions the rebels are unable to mount large military offensives.

The hardline Islamist Taliban relaunched their insurgency two years ago to topple the pro-Western Afghan government and eject the 50,000 foreign troops, expanding their operations further from the mainly Pashtun south where they are strongest.

Western forces say the Taliban’s greater reliance this year on suicide and roadside bombs is a result of heavy battlefield casualties they and Afghan troops have inflicted on the rebels and the insurgents’ inability to hold ground.

But in the last week, the Taliban have captured three districts in the western province of Farah, bordering Iran, forcing lightly armed Afghan police to flee and defying Afghan and foreign forces to retake the lost ground. [complete article]

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OPINION: Rethinking the war on terror

Rethinking the war on terror

In the last four years a great number of works have appeared which attempt to come to grips with the Bush Administration’s war on terror. Many of them are polemical, and few seem to me to be of lasting value. However, David Cole and Jules Lobel have crafted in Less Safe, Less Free one of the most important critiques to be put forward so far from the civil libertarians. They offer unsparing criticism, muster their arguments with skill and artistry, and most importantly they offer constructive criticism of the current Bush Administration model. On January 20, 2009, a new president will occupy the White House. The electoral process for Bush’s successor has already begun—the earliest such election contest in history—and polls show that Americans are uncharacteristically engaged and eager to see a turnover.

The key issue in this process will certainly be the war on terror and the paradigms that drive it. But it is distressing that this debate can only occur in the context of the election cycle. The most depressing fact about the Bush Administration is not the abject failure of its counter-terrorism policies; it is the Administration’s refusal to recognize the areas where those policies have fallen short and take some steps to correct them. Unlike any of its predecessors, this Administration has withdrawn from a public discussion of its own policies. [complete article]

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ANALYSIS & EDITOR’S COMMENT: Deep in the (well-populated, well-connected, fertile) desert

Tourist trips to the Box-on-the-Euphrates

Is the Box-on-the-Euphrates in a remote place?

Details like that might seem insignificant, but they are not. Often, it seems to me, intelligence judgments are supported by informal bits of “color” or what you might call the gouge — circumstantial details that aren’t part of any official briefing, but appear in loose talk to bolster a judgment. Recall the “viewing stand” that North Korea never built, but nonetheless contributed to a false alarm about North Korean nuclear testing in Spring 2005.

One detail in the Box-on-the-Euphrates story that seems to lend credence to the “nuclear reactor” hypothesis is that the site is remote, and therefore suspicious. Here is how Martha Raddatz at ABC put it:

The official said the suspected nuclear facility was approximately 100 miles from the Iraqi border, deep in the desert along the Euphrates River. It was a place, the official said, “where no one would ever go unless you had a reason to go there.”

But the claim the the location is remote is, itself, an exaggeration. [complete article]

Editor’s Comment — As I pointed out a week ago, the fact that the Box on the Euphrates is not in a remote location is evident simply from studying Google Earth images. It’s very easy to zero in on the site’s location because the Euphrates river valley comprises two broad ribbons of rich agricultural land in the middle of which an arid interlude — no more than a few miles long — divides the river valley. This is the spot that, from a narrow-angle view, looks like the middle of nowhere.
middle of nowhere
Syria is not the American mid-West — in other words, agriculture is not highly mechanized and thus requires plenty of labor. Close to the “isolated” location that the media has only depicted in close aerial shots, there are lots of towns and villages. A surfaced road and a railway track run either side of the “nuclear” site. By no definition of the expression, can this be called “the middle of nowhere” — unless, that is, it’s an expression being used by those parochial observers who regard Syria itself as the middle of nowhere.

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OPINION: Nuclear hypocrisy

No exceptions

How can a country, which according to endless foreign reports has kept secret for years several atomic weapons, manage to rally the international community in a struggle against a neighboring country that insists on acquiring nuclear energy? What do Israeli politicians answer to those asking why Iran should not be allowed to acquire the same armaments that are already in the arsenals of neighboring countries, like Pakistan and India? The common response is that “Iran is the sole country whose president, Mahmoud Ahmadinejad, declares openly that he intends to destroy the state of Israel.” This argument is a double-edged sword, par excellence, used by a country that sports a radiant nuclear glow (according to foreign press reports, of course), and who has a senior minister, one assigned to dealing with strategic threats, who has threatened to bomb the Aswan Dam.

What will Israel’s policy – or for that matter, America’s – be, if in Iran’s upcoming elections, Ahmadinejad were to give way to a more moderate leader, who were to announce that Iran recognizes Israel’s right to exist within the 1967, borders? Will Iran become one of the “moderate” Muslim states, like, say, Pakistan, which is allowed to develop nuclear weapons? There was a day when our friend the Shah ruled Iran, and then came the Ayatollahs, with whom we were happy to trade arms, until the whole affair became muddled. Regimes come and go, but nuclear weapons are forever. [complete article]

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OPINION: Talking about talking

This is no basis for talks

David Trimble cannot be accused of lacking knowledge of what the Irish problem was about; he had been part of the problem as well as the solution. However, his lack of expertise on the Palestinian problem – which he admitted on the BBC’s Newsnight recently – surely renders him ill qualified to insist, as he did on these pages recently, that Hamas should be excluded from any talks until it first complies with the conditions of the Quartet (the US, Russia, EU and UN): recognition of Israel, repudiation of violence and recognition of past agreements between Israel and the PLO.

Trimble’s warning against learning the wrong lessons from the Northern Ireland peace process derives from the assertion that the process was based on clear preconditions. Others involved in the process, such as Michael Ancram, Stephen Byers, Lord Alderdice, Peter Hain and Alastair Crooke, have refuted this claim. In any conflict, what really matters is first to secure a cessation of violence and to persuade the parties to negotiate how to live in peace.

Had the IRA been asked to sign up to the same conditions imposed on Hamas today, no peace would ever have prevailed in Northern Ireland, and Britain might still have been subject to IRA attacks. Hamas is being asked to accept that it is legitimate for Israel to occupy the homes of Palestinians and to deny them the right to return to these homes. It is asked to renounce violence while the Israelis are under no obligation to reciprocate. It is asked to recognise agreements that have been humiliating and detrimental to Palestinians. What would remain to discuss were these conditions met? And what guarantees are there that the result would be peace? [complete article]

The day after Annapolis

No invitations have even been issued for the Bush administration’s planned Middle East peace conference later this fall and US Secretary of State Condoleezza Rice is already talking about “the day after.”

Rice is back in Jerusalem for her eighth visit of the year as she tries to keep the conference on track and temper expectations.

After her first round of talks with Israeli leaders, Rice told reporters that the meeting in Annapolis (now expected to be held in late November or early December) would be “the beginning of a process, not a single point in time.” [complete article]

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NEWS: Equality before the law during a civil war?

Trial nearer for Shiite ex-officials in Sunni killings

An Iraqi judge has ruled that there is enough evidence to try two former Health Ministry officials, both Shiites, in the killing and kidnapping of hundreds of Sunnis, many of them snatched from hospitals by militias, according to American officials who are advising the Iraqi judicial system.

The case, which was referred last week to a three-man tribunal in Baghdad, is the first in which an Iraqi magistrate has recommended that such high-ranking Shiites be tried for sectarian violence. But any trial could still be derailed by the Health Ministry, making the case an important test of the government’s will to administer justice on a nonsectarian basis.

The Iraqi investigation has confirmed long-standing Sunni fears that hospitals had been opened up as a hunting ground for Shiite militias intent on spreading fear among Sunnis and driving them out of the capital. Even before the case, Baghdad residents told of death threats against doctors who would treat Sunnis, of intravenous lines ripped from patients’ arms as they were carried away, and of relatives of hospitalized Sunnis who were killed when they came to visit. [complete article]

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