Winter Edition “News a Press There is That’s Free no statute of Would Print” The War Crimes Times limitations WarCrimesTimes.org on war crimes.

Vol. II No. 1 Winter 2010 Free (as the press should be) EMPIRE STRIKES AGAIN Troop surge speech short on facts, long

rekindle the fear that his prede- on fear cessor employed so success- fully to advance his agenda: President Barack Obama, “[T]he American people were in announcing the latest viciously attacked from Af- American troop surge in an ghanistan, and remain a target occupied foreign country, for those same extremists who claimed that America doesn‟t are plotting along its border. To seek global hegemony: “For abandon this area now… unlike the great powers of old, [would] create an unacceptable we have not sought world risk of additional attacks on our domination. Our union was homeland and our allies.” founded in resistance to op- pression. We do not seek to His opening statements set occupy other nations.” the tone: “[I]t is important to recall why America and our But the facts belie his as- allies were compelled to fight a sertions. According to the war in Afghanistan in the first Centre for Research on Glob- The world divided into U.S. military commands (Source: U.S. Department of Defense) place…. On September 11, alisation, the U.S. has military 2001, 19 men hijacked four bases in 63 countries with an airplanes and used them to The Black Light on the Hill: White House underlying land surface of 30 murder nearly 3,000 people…. million acres. These sites assassinations, massacres, and They took the lives of innocent “include a total of 845,441 men, women and children….” Foreign Policy Hypocrisy torture in other countries. different buildings and equip- Through the overt and covert The President failed to by Donald Gutierrez be; or have been deluded by ments.” According to official encouragement of “our SOB” Pentagon data, in 2005 there mention that none of the al- the myths about the unique- dictators, they have done so leged perpetrators of the Sep- He may be an SOB and a were 737 bases on foreign ness and excellence that most either directly (Vietnam, Iraq, tember 11 attacks was from dictator, but he is our SOB… societies and their ruling class lands. There are more than Afghanistan, Panama, Nicara- 255,000 U.S. military troops Afghanistan—or Pakistan or —Robert Simmons, former CIA officer manufacture about themselves Iraq—and that the invasion in gua, Grenada, Pakistan) and/ deployed across the world. America is the “city on the to maintain social coherence or indirectly (Nicaragua, Gua- October of 2001 was illegal Obama also attempted to hill,” the light to a benighted and domination. temala, El Salvador, Chile, under international law. world, a country whose states- Yet, if one looks at the re- Argentina, Indonesia, Leba- men proclaim that America cord of our government‟s be- non, South Africa, East Timor, abominates torture, that it has havior abroad, it should be Cambodia) with an astound- always stood for freedom, lib- painfully clear that our gov- ing force of money, ordnance, erty, decency, and so on. One ernment representatives— intelligence, communications all too frequently hears these particularly our Presidents and equipment and technology. self-admiring nationalistic their Cabinets—have often The extent and depth of mis- clichés uttered by politicians, behaved criminally in policies ery, grief, agony, and excruci- media commentators, editori- pursued abroad. As writers, ating, lingering dying and vio- alists, and historians, and can analysts, numerous interna- lent death the White House has conclude only three things: tional and national Truth Com- brought about is colossal. either these publicly conspicu- missions, and organizations Saddam ous individuals are ignorant of like Amnesty International and For years the American America‟s foreign policy and Human Rights Watch have public had been told by their history; aren‟t, and therefore thoroughly and cogently political leaders how horrible a are lying to win popularity, shown, Washington has com- monster Saddam Hussein was office and its retention, or ac- mitted war crimes, crimes as a motivation to remove him ceptance by the powers that against humanity, genocide, from power. When all the ar- guments for removing Saddam Inside: exclusive interview with Gitmo lawyer were proven to be false, Frank Goldsmith; articles by Penny Coleman, wrong, and dishonest, the Peace activist led away during protest of President Obama’s Dahlia Wasfi, John Pilger...poems, cartoons... myth-making machine in the West Point announcement of further escalation in Afghanistan (See HYPOCRISY on page 2) 2 Winter 2010 The War Crimes Times • WarCrimesTimes.org

moral arguments for attacking a Cooperation) pro- Hypocrisy sovereign nation like Iraq—and vides vivid exam- (Continued from page 1) now Iran?--shown up for the ples of the deliber- White House/Pentagon Inner massive international crime it ateness of Washing- Sanctum produced its final ar- really is. ton‟s foreign policy gument: bringing Democracy to Torture being oriented to- Iraq (and to the “unstable” and Historian and critic Noam wards proxy meth- undemocratic Mideast) and thus Chomsky writes, “Hideous tor- ods of terror carried the need to remove The Tyrant. ture has become standard prac- out by Third-World The neo-con position always tice in the U.S. client fascist governments obli- seemed to circle back to Sad- states... horrendous details of gated to Washington dam Hussein and to the murder- torture are documented by many and American cor- ousness of his regime. But in the thousands of human beings in porate power. The past half century alone there Argentina, Brazil, Chile, Uru- SOA, first located in have been other leaders, rulers, guay, Paraguay, Guatemala, Panama, then later at and dictators just as bad, if not Nicaragua, Indonesia, U.S.- Ft. Benning, Geor- considerably worse, than Sad- Occupied South Vietnam up to gia, is a school for dam. Washington has not just 1975, Iran, and in quite a few torturers. Latin tolerated but supported, encour- other U.S. client states….much American military aged, financed, and even created of the electronic and other tor- and police officers these dictators. The regimes in ture gear is U.S. supplied, and are taught, among power were both worse than great numbers of client state other things, how to Saddam and fully supported by police and military interrogators torture by American American presidents through the are U.S trained.” military instructors. torturing Salvadorans claimed to commodating to corporations CIA and other agencies covertly The United States School of Torture consequently became have learned their ABCs of like United Fruit whose mo- and illegally. The staggering the Americas (now euphemisti- the quintessence of state terror- “depth questioning” from the nopolistic interests were hypocrisy of our government cally titled the Western Hemi- ism policy in a number of Latin SOA in Panama. Salvadoran threatened by Guatemalan po- should be fully exposed and its sphere Institute for Security -American countries. Innumer- security forces worked closely litical leaders like Jacobo Ar- able dictators and despots, as with the CIA and the U.S. mili- benz and dissidents striving to well as military and civilian tary in the deceptively termed free the country‟s economy In The Service To This Empire personnel, ordered or carried “counter-insurgency opera- from Washington‟s control. out acts of torture that would tions.” In Guatemala, a School- Chile by Fred Nagle be unthinkable to the average Further south, President There is this assumption that we have served and get the right to American as something his Richard Nixon and Henry have our say. But I never really bought this argument. I never own government would permit, The staggering hypocrisy Kissinger instituted a secret let alone finance, encourage, served anyone or anything noble or worthy during my two years of policy to destroy a democratic and administer—and often ob- of our government should Chile and its democratically active duty. I was never proud of what I did. Of course, there were serve or occasionally even par- be fully exposed and its elected President, Salvadore vets who actually did serve: in Vietnam, in Iraq, in Afghanistan, ticipate in. moral arguments for Allende. They brought terror and elsewhere. Served in combat. They served the most dangerous, SOB Suharto and horror to the country by heavily armed, and relentless of the world's military empires, the Countless other examples attacking a sovereign nation undermining the economy and empire if the imperial United States of America. of White House participation in like Iraq shown up for the supporting its military foes fascist regimes are prevalent in massive international with money and weapons and modern world history. In Indo- These vets were trained as killers, crime it really is. by helping General Augusto in the service to this empire. nesia, during the Sukarno Pinochet take over the country. ouster and Suharto takeover, up Eventually, the White House These vets went in with the best intentions only to be disillusioned, to ten million Indonesians, of-the-Americas graduate, Gen- ordered CIA involvement in in the service to this empire. many of them apolitical peas- eral Manuel Antonio Callejas y overturning the Allende gov- They were wounded, and they came back crippled. ants, were slaughtered by the Callejas, was responsible for the ernment. The military and the They were poisoned by agent orange and depleted uranium, faction fully supported and death of thousands of Guatema- security force then tortured in the service to this empire. virtually directed by the White lans. Another Guatemalan jefe, tens of thousands of Chileans They saw their buddies wounded and killed. House. General Suharto, “our Hector Gramajo Morales, Gua- and at least 20,000 Chileans SOB” from l965 on for several They saw women and children burned beyond recognition, temala‟s Defense Minister in the fled the country. Washington, decades, continued his war 1980s, imposed a far from disapproving of this in the service to this empire. crimes in East Timor into the “humanitarian” policy that criminal conduct, affirmed and They saw their visions of humanity, of a just world, destroyed, 1990s and had to be restrained would “provide development for supported it. Kissinger, in a in the service to this empire. and finally replaced by the 70 % of the population while we 1976 “Memo of Conversa- They came away with stories they couldn't tell, Clinton Administration. The list of kill 30 %.” From 1953 to 1990, tion,” said that the United They came back homeless, they came back violent, “He‟s an SOB but he‟s our over 200,000 Guatemalans were States was sympathetic to Pi- They came back ashamed, in search of their place in the human race, SOB” seems almost endless. murdered by the country‟s re- nochet‟s government and thus Central America all in the service to this empire. pressive regimes. This genocide to its usurpation of Allende‟s Closer to home, starting was supported by Washington legal government. US vets have served, given everything they could possible give, with Human-Rights abuses in because these regimes were ac- (See HYPOCRISY on page 14) all in the service to this empire. Central America, according to a United-Nations-selected The War Crimes Times provides information on war crimes, war If there is a false god, a golden calf, for Americans in the 21st Truth Commission, more than criminals, and on the necessity and means to prosecute war criminals to century, it is the glory of this empire, bought with the blood of our 22,000 complaints were re- the general public, to law-makers, and to our justice-seeking allies. own sons and daughters, bought with the lives of so many millions ported of serious human-rights WCT is published by Veterans For Peace Chapter 099 (Western North in the occupied territories of Latin America and the Middle East. It abuses between 1980 and 1991 Carolina). Donations help cover printing and postage costs. Please con- sider a donation. Send a check (with memo "WCT") to: is service to the empire that must be exposed and resisted. It is in El Salvador alone. The United States had close ties service to the empire that must stopped by this nation's citizens if Contact: [email protected] WCT/VFP Chapter 099 with the Salvadoran institu- PO Box 356 we ever hope to establish our country among the righteous and just WCT Editorial Team: Kim Carlyle, tional torturers. Salvadoran Susan Carlyle, Mike Ferner, Clare Hanrahan, Mars Hill, NC 28754 nations of the world. military personnel involved in Stack Kenny, and Tarak Kauff The War Crimes Times • WarCrimesTimes.org Winter 2010 3 We Are All War Normalizing the psychiatrist Dr. Kernan Man- Criminals i on— who b e- Crime of the Century lieves he was by Dahlia Wasfi Under inter- dismissed for his by John Pilger c o m p l a i n t s — national law, November 24, 2009—-Our nation is Marines at Camp December 09, 2009—I tried to con- “questionable still recovering from the November 5, Lejeune are getting poor care for their tact Mark Higson the other day only to legitimacy” does 2009, shootings at Ft. Hood in Killeen, PTSD. And it‟s not much better in the learn he had died nine years ago. He not exist. An attack on a sovereign Texas. We are waiting for some sense Army, according to veteran, Sgt. was just 40, an honorable man. We met state is a crime. This was made clear of normalcy to return after such a Chuck Luther, who was discharged soon after he had resigned from the by Britain‟s chief law officer, Attorney shocking event. How unbelievable it is after twelve years of service with a Foreign Office in 1991 and I asked him General Peter Goldsmith, before his for this tragedy to occur; after all, our “personality disorder” instead of being if the government knew that Hawk arm was twisted, and by the Foreign occupations had been going so well diagnosed with and receiving benefits fighter-bombers sold to Indonesia were Office‟s own legal advisers and subse- until this point. Just ask the Iraqi peo- for PTSD. being used against quently by the sec- ple. Wait, scratch that. Okay, ask the civilians in East retary-general of Here‟s what I want to know: WHY The invasion of Iraq is the Afghan people. Never mind. Just ask the United Nations. ARE WE SURPRISED? Do we not Timor. U.S. veterans. Oh boy. If we ask the crime of the 21st century. The invasion is the know how this story ends, with a quar- “ E v e r y o n e people who are living the horrors, then crime of the 21st ter of the homeless population on knows,” he said, During 17 years of assault on maybe what happened at Ft. Hood isn‟t century. During 17 America‟s streets comprised of veter- “except parliament a defenseless civilian popula- so shocking at all. What is surprising is years of assault on a ans? Do we not recognize the brutality and the public.” that we haven‟t seen more of the same. tion, more people have died defenseless civilian and dehumanization—of recruits and “And the media?” population, veiled In the first ten months of 2009, ten the “enemy” (whatever the flavor of in Iraq than during the peak “The media— with weasel monikers soldiers based at Ft. Hood killed them- the month is)—that is the foundation of years of the slave trade. the big names— like “sanctions” and selves; that was the second-highest for basic training? Do we really think the have been invited “no fly zones” and the nation, behind the sixteen suicides military and government are going to to King Charles Street (the Foreign “building democracy,” more people have at Kentucky‟s Ft. Campbell. In Janu- one day take care of the U.S. armed Office) and flattered and briefed with died in Iraq than during the peak years ary 2009 alone, twenty-four soldiers forces, when they send them overseas lies. They are no trouble.” of the slave trade. Set that against Sir across the country killed themselves. to die for cor- As Iraq desk officer at the Foreign Jeremy‟s skin-saving revisionism about "This is terri- porate profit? Office, he had drafted letters for minis- American “noises” that were f y i n g , " a n I wouldn‟t put Army official, when you issue illegal ters reassuring MPs and the public that “decidedly unhelpful to what I was Army official my dog‟s wel- the British Government was not arming trying to do [at the UN] in New York”. said. "We do orders for people to go commit fare in the Saddam Hussein. “This was a down- Moreover, “I myself warned the For- not know what atrocities overseas and they fail to ha nds o f a n eign Office … that I might have to con- is going on." Army drill ser- right lie,” he said. “I couldn‟t bear it.” refuse said orders, you end up with sider my own position ….” Well, let me geant; Ameri- Giving evidence before the arms-to- help you out, people in trouble, people with PTSD. cans are hand- Iraq enquiry, Higson was the only Brit- It wasn‟t me, guv. random Army ing over their ish official commended by Lord Justice The purpose of the Chilcot inquiry official, when you issue illegal orders flesh and blood to them. Yes, there is a Scott for telling the truth. The price he is to normalize an epic crime by pro- for people to go commit atrocities recession and jobs are scarce, but the paid was the loss of his health and mar- viding enough of a theatre of guilt to overseas (because that‟s the best word military is made up of less than 1% of riage and constant surveillance by satisfy the media so that the only issue to sum up what‟s happening in Iraq and the U.S. population. There are a whole spooks. He ended up living on benefits that matters, that of prosecution, is Afghanistan), and they fail to refuse lot of people who are struggling eco- in a Birmingham bedsitter where he never raised. When he appears in Janu- said orders in compliance with the Uni- nomically and not choosing to enlist. suffered a seizure, struck his head and ary, Blair will play this part to odious form Code of Military Justice, you end up We are in some serious died alone. Whistle- perfection, dutifully absorbing the with people in trouble, people with denial here. blowers are often he- hisses and boos. All “inquiries” into PTSD. But the denial isn‟t roes; he was one. state crimes are neutered in this way. In Some of them turn their trauma in- just a civilian disorder. He came to mind when 1996, Lord Justice Scott‟s arms-to-Iraq ward, self-destructing and committing As Luther describes on I saw a picture in the report obfuscated the crimes his inves- suicide. Some of them express their his website, he “was paper of another For- tigations and voluminous evidence had trauma outward, committing homicide. deployed to Taji, Iraq eign Office official, Sir revealed. One report documents former Pfc. Joh- from October 2006 to Jeremy Greenstock, At that time, I interviewed Tim nathon Klinker, 22, who was sentenced July 2007. Sgt. Luther who was Tony Blair‟s Laxton, who had attended every day of to 40 years in prison for killing his 7- unknowingly suffered ambassador to the the inquiry as auditor of companies week-old daughter, Nicolette, in Octo- PTSD after living in United Nations in the taken over by MI6 and other secret ber 2006. Another report tells of the the combat environ- build-up to the inva- agencies as vehicles for the illegal arms murder spree by three Iraq veterans at ment.” He was “living” sion of Iraq in 2003. trade with Saddam Hussein. Had there Ft. Carson, which included the death of in the combat environ- More than anyone, it been a full and open criminal investiga- a 19-year-old nursing student who was ment. How innocent was Sir Jeremy who tion, Laxton told me, “hundreds” stabbed six times after the trio ran her that sounds. Under tried every trick to find would have faced prosecution. “They over with their car in October 2007. further probing, Luther a UN cover for the would include,” he said, “top political And now, you have Major Nidal describes “Violence bloodbath to come. figures, very senior civil servants from Hasan, who may have been experienc- breeds violence. I was Indeed, this was his right throughout Whitehall … the top ing secondary PTSD (not to mention trained to be very vio- boast to the Chilcot echelon of government.” degradation by his brothers-in-arms for enquiry on 27 Novem- lent in combat as a That is why Chilcot is advised by his ethnicity and religion). THAT is ber, where he de- scout ... we killed or the likes of Sir Martin Gilbert, who what is going on; it‟s all connected to scribed the invasion as detained Iraqis before compared Blair with Churchill and our illegal occupations. “legal but of questionable legitimacy.” anyone else got there.” Before there Roosevelt. That is why the inquiry will How clever. In the picture he wore a We hear reports now that the mili- could be any witnesses to your crimes. not demand the release of documents tary is not taking care of its soldiers. smirk. (See WAR CRIME on page 13) According to allegations from clinical (See WAR CRIMINALS on page 13)

4 Winter 2010 The War Crimes Times • WarCrimesTimes.org

KOREA Massacre at No Gun Ri by Bruce K. Gagnon defenseless crowd and they hid for cover under a nearby October 14, 2009 — train tunnel. For the next four Yesterday I spent most of the days and three nights the peo- day visiting the site of the U.S. ple inside the tunnels were Army 7th Cavalry Regiment's fired on from four different massacre of more than 225 inno- directions by the U.S. soldiers cent Korean civilians on July 26, who had them surrounded. 1950 at No Gun Ri during the U.S. planes reappeared and Korean War. strafed them with machine gun In the days before July 26, fire. More people, who were 1950 the North Korean Army crammed inside the tunnels, was pushing U.S. military forces were killed as they tried to southward. The U.S. Army or- sneak out for water or tried to Depiction of No Gun Ri massacre dered two villages of peasant escape. Some number did es- farmers in the No Gun Ri area to cape the madness that sur- evacuate. They were taken by rounded them. made medicines from the rye at No Gun Ri. They created the slaughter by the 7th Cavalry. He the U.S. military to a nearby Finally in the dark of night seed and bandages from the "Committee for Unveiling Truth told me that there were over 500 railroad track and ordered to the Army's 7th Cavalry with- persimmon tree that grows about the No Gun Ri Massacre" incidents of killing of civilians walk along it. At one point the drew as the North Korean abundantly in the area. Her and finally helped force the during the war but No Gun Ri 500 to 600 refugees were in- Army advanced. Then early on mother was to survive. creation of a joint South Korea- was the only case investigated structed to bunch up and sit on the fourth morning the North U.S. investigation. (The U.S. for by a joint South Korean-U.S. the tracks. Two U.S. military For many years the No Koreans told the people they a long time tried to downplay government team. After the No aircraft then circled overhead Gun Ri massacre remained a were free. U.S. Army secret as the suc- the size of the killing field.) The Gun Ri investigation, the U.S. and dropped 7 or 8 bombs on final report conservatively ac- said it would not look into any their heads. This was not the first time cessive right-wing govern- t h e 7 t h knowledged the other cases. This story was told to me C a v a l r y deaths of 228 peo- 2010 will be the 60th anni- yesterday by a 72-year-old ha d b ee n ple and the tunnel versary of No Gun Ri. Chung woman, Yang Kae-suk, who A BBC documentary, "Kill 'em All," associated where people hid told me his organization is plan- was 13 years old at the time of w i t h a revealed that field commanders were was surveyed and ning to sponsor several impor- the attack. Her father was carry- m a s s all bullet damage tant events to commemorate the ing her grandmother on his ordered to kill all civilians who got in sla ught er wa s mar ked t o massacre. He hopes that U.S. back. The body of her grand- o f c i v i l - show the places soldiers who were involved in mother was never found as body the way. ians. The where U.S. troops the Korean War will come for parts flew in every direction. r e g i m e n t had fired on the the events and he particularly Her other family members perpetrated the Wounded Knee ments in South Korea, under tunnel. At both hopes that Veterans for Peace in tried to hide near a tree and her Massacre in South Dakota on the control of the U.S., kept a ends of the tunnel there are now the U.S. will send a delegation mother was severely wounded. December 29, 1890, at the end lid on the story. But then in triangles (showing where bullets to Korea during this time. He A bomb fragment hit Yang in of the Indian Wars. 1999 the Associated Press still remain embedded in the asked me to help them make the back of the head and her left concrete) and circles (where Yang's mother was in ter- broke the story and the BBC that possible and I told him I eyeball blew out of the socket bullets created marks). rible need of medical care but followed with a documentary would do my best. and she tossed it on the ground. there was none available. (entitled "Kill 'em All") a few I asked Yang how she felt Chung pointed out with Soon 7th Cavalry soldiers Maggots had begun to appear years later. This film reveals today about the U.S. military. great pride the large area sur- began firing their rifles at the inside her wounds. Her father orders coming from the high- She said she could never go to rounding the No Gun Ri massa- est levels of the Army instruct- school because of her missing cre site that will become a peace i n g t h e eye. Today she grows grapes park. The South Korean govern- f i e l d and persimmons in the small ment is now building a peace c o m - farming village where she lives. museum, educational facilities, manders "War should not be," she told and memorials. The survivors, to kill all me. and their descendants, are deter- civilians To this day there has been mined to keep the memory of who got no financial compensation to the No Gun Ri in the forefront of i n t h e victims or their families. About international peace movement way. 50 survivors of the No Gun Ri efforts. Over the massacre are still alive. It is a sad moment in his- years the Chung Koo Do is the Direc- tory that should be remembered survivors tor of the No Gun Ri Institute by all of us. and their for Peace Studies and is dedi- support- cated to ensuring that the mem- Bruce K. Gagnon is Coordinator of e r s h a d ory of the massacre is not lost the Global Network Against Weap- been try- and that justice prevails. His ons & Nuclear Power in Space i n g t o mother was a survivor of the http://www.space4peace.org, http:// b r i n g space4peace.blogspot.com (Blog) justice to t h o s e who were Get your message to thinking people. Put an ad in Circles point out the bullet holes killed or from 7th Cavalry rifle fire wounded The War Crimes Times The War Crimes Times • WarCrimesTimes.org Winter 2010 5 Does Military Service Turn Young Men into Sexual Predators? by Penny Coleman the terrible numbers, the mili- Every day, for four years as tary has managed with aston- a West Point cadet, Tara ishing success to get away Krause lived and worked with responding to grievances alongside the men who had like Krause's with silence, or denial, or by blaming "a few gang-raped her. bad apples." But when individ- Still, she managed to ual soldiers take the blame, the graduate in 1982. She served system gets off the hook. as a field artillery officer dur- ing the Cold War and was at- And it can be shown that tached to the 518th Military the patterns of military sex crimes are old and wide- Intelligence Brigade during the Gulf War. In what she calls spread—for generations, mili- "an act of incredible self- tary service has transformed destruction," she married a large numbers of American three-tour Vietnam vet in 1985 boys into sexual predators. and, for the next eight years, So it seems reasonable to lived "the private hell of his ask if perhaps there is some- PTSD." thing about military culture or training or experience that can "Suicidal behavior, vio- lence and degradation were be identified as causative, and common threads of daily life," then, perhaps, changed. she told me. She survived only The correlation is difficult because when he put his gun to dismiss. The majority of to her head one day, it finally veterans behind bars today are The butchery, the civilian (European Theater of Opera- Similarly, since the wars in gave her the courage to flee. there for a very specific type atrocities, the summary execu- tions) almost exclusively Iraq and Afghanistan began, "Like Lot's wife," she says, of crime: violence against tions, the appalling racism and against non-Americans." BJS statistics show a 42 per- the breakdown of hundreds of cent increase in reported do- she struggles not to look back. women and children. That fact Those women, especially thousands of soldiers have mestic violence and a 25 per- It's been almost 30 years has held true since the first German women, could not Bureau of Justice Statistics been largely erased from com- easily have found the cour- cent increase in the reported since the rape, and Krause munal memory. And incidence of rape and sexual says she still "dance age—or the opportunity—to so have the rapes per- file complaints. assault. (s) the crushing daily petrated by American The memories of rape Except for simple assault, struggle" of her own soldiers on our female In 1944, French women were brought home by World War which increased by 3 percent, PTSD: "The night- enemies and allies II soldiers surely changed their the incidence of every other mares, panic attacks, raped by their American alike. f l a s h b a c k s , c o l d lives forever. crime surveyed—including liberators at three times the rate In August and Septem- violent crimes overall — sweats, suicidal "What does rape do to the ber 1944, when the decreased, but once again, thoughts, zoning out, of civilian women in the U.S. rapist?" is a question Krause fighting eased, French mirroring Morris' World War numbing all emotion has struggled with for 20 women were raped by II data, domestic violence, a n d d e s p e r a t e l y years. "Somewhere out there is their American libera- rape and sexual assault avoiding triggers (reminders) that Rotarian, happy grandfa- (BJS) surveys of veteran popu- tors at three times the rate of —I have become a prisoner in ther, son-done-good, solid citi- showed daunting increases. lations in the nation's prisons civilian women in the U.S. my own home." zen. Does he block it out, does The first BJS survey of in 1981, and there is evidence And during the final drive he remember, does he feel a incarcerated veterans found Krause is rated 70 percent that those surveys only identi- through Germany in March shred of guilt? Is it truly done that two-thirds of those veter- disabled by the Veteran's Ad- fied a much older problem. and April 1945, more than 900 w i t h ans had been convicted of rape ministration and has been in German women were raped by The orgy of demonization, i m p u - o r treatment at the Long Beach American soldiers, causing [CA] VA for the past six however, that both fueled and nity?" Is there is something about sexual justified the disgraceful ne- Gen. Dwight D. Eisenhower to a s - years. It is glect of veterans in the after- issue a directive to Army com- military culture or training sault. i m p o r - For all the work she has math of Vietnam makes this an manders expressing his "grave I n t a nt t o or experience that can be done to heal her own injuries, especially fraught issue to take concern" and instructing that m i l i - note that she still has no answer for the on. speedy and appropriate pun- identified as causative? t a r y d u r i n g question: "How do you get a ishments be administered. p r i s - But—without making any W o r l d group of Southern white teen- According to Madeline ons as well, the report noted, excuses for behaviors that War II, according to Morris' agers, all of whom were Eagle Morris, the Duke University "sexual assault was the most cause irreparable harm to research, patterns of violent Scouts, class presidents, schol- law professor and military common offense for which those who are victimized— crime in the United States' ars and athletes, to be capable historian who uncovered that inmates were held … account- there is little hope of change civilian population underwent of raping a classmate?" lurid fragment of history, those ing for nearly a full third of all unless the tacit complicity of sharp changes as well. The question deserves an military institutions and cul- numbers are almost certainly military prisoners." "While civilian murder and answer, and not a simplistic ture is acknowledged. And that on the low side. That chilling aspect of sol- non-negligent manslaughter one. A 2003 survey of female complicity most certainly did "Rape is particularly likely diers' criminal behavior held rates decreased 7.5 percent veterans from Vietnam not begin recently. to have been undercounted true in subsequent BJS sur- from prewar rates, aggravated through the Gulf War found because it is less serious than World War II is remem- assault rates increased substan- veys. that almost 8 in 10 had been murder," Morris explains, "it bered as a crucible and a com- tially (19.9 percent), and forci- In 2000, veterans in state sexually harassed during their is reputedly the most underre- ing-of-age ritual for the baby- ble-rape rates increased dra- and federal prisons and local military service, and 30 per- ported violent crime, even in faced boys it turned first into matically (by more than 27 jails were twice as likely as cent had been raped. the domestic context, and it men and then into the "greatest percent) above the prewar av- non-veterans to be sentenced Yet for decades, in spite of was perpetrated in the ETO generation." erage." (See PREDATORS on page 6)

6 Winter 2010 The War Crimes Times • WarCrimesTimes.org

Predators services screened positive for unapologetic spin, the increase MST. That represents a daunt- was called "encouraging," an (Continued from page 5) ing increase of about 65 per- indication of more reports for a violent sexual crime. In cent for both men and women rather than more assaults. It the 2004 survey, 1 in 4 veter- over the agency's 2003 data. offered no evidence to back up ans in prison were sex offend- And the small percentage that interpretation, save that ers (1 in 3 in military prisons), of men is somewhat mislead- the department "encourages compared to 1 in 10 incarcer- ing; the 2007 percentages greater reporting to hold of- ated non-veterans. translate into 45,564 women fenders accountable for this Chris Mumola, crime." author of the two That seems an most recent BJS unlikely incentive reports, points out A culture [the military] that encourages given that only 10 percent of the that "when sex violence and misogyny attracts a dispro- crimes are ex- 2008 complaints cluded, the violent portionate number of sexually violent led to a court- -offense incarcera- men: half of male recruits enlist to m a r t i a l (compared to a tion rate of non- escape abusive families, a history that is veterans is actu- civilian rate of 40 ally greater than often predictive of an abuser. percent). The rest agency had not managed to one. So I destroyed all the evi- the incarceration received minor launch at the time. dence. I bleached my sheets rate of veterans for punishments, al- Tia Christopher, women and scrubbed myself up and all other offenses most half were veterans coordinator at Swords didn't come forward until two combined (651 per 100,000 and 47,719 men whose injuries dismissed, and the report ac- to Plowshares in San Fran- weeks later. I wanted to keep versus 630 per 100,000)." forced them to acknowledge knowledged that 90 percent of cisco, holds Dominguez, not my military career, and I their victimization and to seek sexual assaults in the military In fact, when sex crimes Whitley, responsible for flout- thought I could just get are excluded, adult male veter- help from the VA. aren't reported at all. ing congressional directives. through it. ans are over 40 percent less Some of that increase can Rape occurs almost twice "I heard him claim that the "But I saw him every day. I likely to be in prison for a vio- perhaps be attributed to a 2005 as frequently in the military as reason sexual assaults are so mustered with him. He would lent crime than their non- congressional directive requir- it does among civilians, espe- high in the military right now follow me into the chow hall veteran counterparts. The ing the VA to improve its rate cially in wartime. is the hip-hop influence. I and sit across from me while I same holds true for property of screening returning soldiers When a 2008 House Over- don't need to spell out why I ate. I stopped eating, couldn't crimes, drugs and public disor- for MST, but given that almost sight and Government Reform found that so offensive. I fault concentrate, started failing my der—the rates are much higher 90 percent of veterans don't subcommittee subpoenaed Dominguez for not recogniz- courses. And I started having rates for adult men without (or can't) use VA health care Kaye Whitley, director of the ing that it is a leadership is- flashbacks, hallucinating. I military experience. services, it seems safe to as- DoD's Sexual Assault Preven- sue." thought I saw him every- sume that the actual numbers "The one notable exception tion and Response Office where." are considerably higher. Christopher loves the mili- to this pattern," Mumola says, (SAPRO), to explain what the tary and calls it "a really beau- Christopher finally realized "is sex assaults, including Those are just the numbers department was doing to stop tiful machine" when it is she needed help, but the fe- rape." for veterans. the escalating sexual violence working correctly. But she is a male petty officer she first in the military, her boss, Mi- The Veterans' Health Ad- In 2008, the Pentagon re- rape survivor, and she feels spoke to got her chief involved chael Dominguez, principal ministration has adopted the ceived more than 2,900 sexual doubly betrayed by her superi- and, as the report went up the deputy undersecretary term military sexual trauma assault reports involving active chain of command, of defense for person- (MST) to refer to severe or -duty service members. That her nightmare just nel and readiness, threatening forms of sexual represents a 9 percent increase got bigger. ordered her not to harassment and sexual assault from 2007, a 26 percent in- The military reflects the "In my case, there appear. sustained in military service. crease in combat zones. Al- general American culture: A w er e w i t n e s s e s . most a third of those reports Only after the de- Their records for 2007 They heard my head involved rape, and more than partment was threat- society that romanticizes its show that 22.2 percent of fe- hit the wall in the half involved aggravated sex- ened with a contempt male veterans and 1.3 percent warriors, demonizes its veter- barracks room, but citation was Whitley of male vets (from all eras) ual assault. they were drinking made available to the ans and devalues its women. who used the agency's health In a dazzling display of [underage], too." c o m - Her commandi ng mittee. officer promis ed She then sought ors in the Navy. "They can them all immunity if they to reassure the respond to other situations, agreed to testify on her behalf, members that why not to sexual assault?" and then reneged on the deal. DoD is conduct- Christopher was 18 when ing a "crusade "It ended up that they all she joined the Navy, training got in trouble, and [her rapist] against sexual to be a cryptologist. The night a s s a ul t , " a n d got off." (In 2006, Christo- she was raped, she had been pher's attacker was expelled itemized all of drinking. the heroic meas- from the military for another ures the agency "Underage drinking," she rape.) was planning to notes, "is a big issue in the "The last few months that I implement in the military. It gets you an Article was in the service, I was as- very near fu- 15, and it's 100 percent guar- signed to X Division, mopping ture—efforts that anteed that you will be prose- the stairs, cleaning the heads, somehow, de- cuted for collateral miscon- picking hair out of the drains. spite explicit duct. It is far more likely that It was my job to vacuum the directives and you will get in trouble for col- different chief's offices, and

deadlines from lateral misconduct [from drinking (See PREDATORS on page 7) Congress, the alcohol] than for raping some- The War Crimes Times • WarCrimesTimes.org Winter 2010 7

(PREDATOR from page 6) guys; "they" are the "others." VIETNAM these sleazeballs would say "They" are easier to kill because things like, 'Hey, Christopher, they are not us. They are also easier bend over when you're sweep- to despise. "Others"—the nips, Air Drop ing.' Or, 'Hey Christopher, let the gooks, the hajis—come me see them titties.' When you and go, but ever reliable and by Stephen Hunter come forward about a rape, constant is "the girl." basically you are just a slut." Even in this new 20 per- This is the first in a se- Christopher left the mili- cent female military, misogy- ries of several accounts of tary in 2001, and it took her a nist marching rhymes (aka war crimes I either took part long time to get her life back jodies) are still used, and drill in or witnessed while in together. She instructors still shame recruits Vietnam from early 1967 to s t i l l h a s with taunts of late 1968. I am a (former) panic attacks, pussy or sissy, Marine Staff Sergeant who flashbacks, Even in this new 20 faggot or girl. worked as an aircraft electri- t r o u b l e percent female Patty McCann, cian, and when flying, s l e e p i n g . who signed up an aerial machine gunner. a balled-up sitting posi- B u t , w i t h military, misogynist with the Illinois I was still a relatively FNG tion with a stick behind their the prisoner shake with fear of help from a National Guard marching rhymes [new guy] and was flying as a knees and inside their elbows. falling out. w o m e n ' s when she was passenger in a CH-53, from The prisoners' wrists were After a few minutes of psychother- are still used. 1 7 a n d d e - another squadron than my bound together in front of their teasing him, mocking him and apy group at ployed to Iraq own. My squadron, HMM-362 knees. Being completely im- laughing at the terrified look the Seattle when she was flew UH-34s. The “53,” as we mobile, to move them, two on his face, the ramp was VA, and the rich support from 20, still feels betrayed when called them, was capable of people would pick them slowly lowered enough so that sympathetic colleagues at she remembers her drill ser- carrying very large and heavy up using the ends of the stick the prisoner eventually tumbled Swords to Plowshares, she has geant yelling, "Does your payloads. as handles and pitched them out… I did not get up from my developed a lot of coping pussy hurt?" and "Do you need I don't remember where I around like a sack of potatoes. seat to watch the fall. Some a tampon?" skills. was going that day. I was just It must have been brutal for people did. I still shud- After seven years, and A culture that encourages a passenger, wide - e ye d the prisoners. The handlers der having witnessed this first some good therapy, she feels violence and misogyny, says and ent hral l ed thought it was hand. strong enough to manage her Helen Benedict, attracts a dis- with the new ex- fun to brutalize I wanted to do something proportionate number of sexu- advocacy and policy work. perience of flying these less-than- about it, to say something to ally violent men: half of male "I've testified before the in a “53” and the human enemies. stop it. In my gut, I knew recruits enlist to escape abu- California State Legislature, s t i l l - n e w - to- One of the crew it was wrong. Humans are not sive families, a history that is and I was invited to testify me combat atmos- m e m b e r s born to exhibit this kind of often predictive of an abuser. before Congress. I speak out phere. Everyone dragged a pris- inhumane behavior, we are about MST as much as I do so But whatever attracts them, was armed, in- oner onto the taught to do it. My rank was other women don't have to. and wherever they come from, cluding me. There tail ramp that far too low to add any clout to This is not just my job. There this is about a system plagued were several pas- raised and low- anything I could say or do. I is no way I would ever give by rot, and not about a few bad sengers and about ered hydrauli- knew better than to say some- my clients to the media. I re- apples. American veterans three crew mem- cally. The pris- thing to stop the mental torture member what it was like, be- embody the inevitable, pre- bers in the cabin. oner was blind- and eventual death because ing fresh out of the service and dictable blowback from that The pilot and co- f o l d e d a n d I could be killed for talking. going through that trauma." rotten system. pilot were in the didn't know Regretfully, this did happen Lisa Pellerin, who has fa- It is both unjust and disin- cockpit. where he was and apparently all was well— cilitated sex-offender pro- genuous to focus on what our In addition to the passen- being taken — u n t i l at that time. I also suspect that grams for the New York State soldiers have become without gers, they were they removed his blindfold. He everyone else who witnessed Department of Corrections for talking about what we have also transporting prisoners, was precariously teetering on that act that day has the same six years, believes that become: A society that roman- Viet Cong POWs. They were the edge of the ramp. nightmarish flashbacks I do. "everyone has the potential to ticizes its warriors, demonizes barefooted, wore three-quarter I estimate that we were fly- Stephen Hunter, a former Ma- be a sex offender. It depends its veterans and devalues its length, dirty black trousers, ing between 1,000 and 2,000 on how they have been condi- women. dingy, worn ragged white feet up. The crew member rine Staff Sergeant, is now a tioned. When they are in the shirts and black blind- used his controls and lowered member of Veterans for Peace "Did I serve my full enlist- Chapter 14 in Gainesville, FL. military, supporting the broth- ment?" Christopher says. "No. folds. They had been bound in and raised the ramp to watch erhood is the most important But that's because some shit- thing. Soldiers do what they bag sailor who shouldn't have feel they have to do because been wearing the uniform they don't want to be seen as came into my life. Why is that weak or unable to perform. my issue? "Sexual abuse has always "This is a leadership issue." been about power and control. If you are exposed and desen- Penny Coleman is the widow sitized to certain sexual behav- of a Vietnam veteran who took iors, they become normal- his own life after coming ized." home. Her book Flashback: Posttraumatic Stress Disorder, One of the most basic con- Suicide and the Lessons of ditioning strategies military War was released on Memo- training uses to destabilize a rial Day 2006. Her Web site is recruit's inherent disinclination to kill is the inculcation of a http://www.flashbackhome.com/ dehumanized enemy. Soldiers This article first appeared on are taught that "we" are the good AlterNet.

8 Winter 2010 The War Crimes Times • WarCrimesTimes.org WCT Exclusive: Interview with Frank Goldsmith, Guantanamo Detainee Attorney

War Crimes Times editor, Clare Hanrahan without any evidence. And that is what at Guantanamo—Sharifullah and met with Frank Goldsmith on has to be stopped. … If you simply Khairullah Khairkhwa. How did these December 1, 2009. close that base in Cuba you haven‟t men come under U.S. custody? solved anything, unless you take care FG: I should preface this discussion WCT: At a recent meeting of Western of the fundamental problem of our about specific clients by saying there is North Carolina Stop Torture Now! abuse of the power to detain people. Committee in Asheville, you stated: a very restrictive and onerous Protec- “We have not seen any discernable WCT: Isn’t that similar to efforts to tive Order entered by the Federal Dis- difference between this administration close the U.S. Army School of the trict Court in D.C. You have to agree and Bush—despite campaign rhetoric, Americas [WHINSEC]? SOA is such a when representing [Guantanamo de- zero difference.” There is “No discern- potent symbol of the abuses of U.S. tainees] that you will abide by this Pro- able difference?” Do you think Obama Foreign policy in Latin America that tective Order. It provides that all of the will close Guantanamo as he prom- the people clamor for it to be shut information, other than what is in the ised? down. The torture training that oc- public record about the men, is classi- Frank Goldsmith practices law in curred there may not continue at the fied and can only be reviewed at Marion, North Carolina, with the firm FG: I‟m not sure there is a discernable same level as in the past, and decades what‟s called the Secure Facility just Goldsmith, Goldsmith & Dews, P.A. difference, though [Obama] did set up of public scrutiny forced the Army to outside of Washington, D.C. in Crystal He is former State President and Le- the Inter-agency Review Task Force change the name and to offer a few City. That‟s where all of the attorneys, gal Committee Chair for the NC that has cleared for release some courses in human rights to try and put no matter where they are in the coun- ACLU, and continues to serve as a [Guantanamo detainees]. I‟m not sure a friendly face on the place. Yet the try, have to come to work on their cooperating attorney and board mem- that‟s a big difference cases. We are restricted from revealing, ber of the WNC ACLU. He is a mem- because Bush has re- even to our clients, anything that is ber of Chapter 099 of Veterans for leased far more than If you simply close that base in classified. For example, we can‟t tell Peace. Obama has without the our clients what evidence the govern- Task Force. As to Cuba you haven‟t solved anything, ment has on them, if they have any- improvised explosive devices, which whether he should close thing at all. You can imagine how diffi- unless you take care of the funda- he said he did not do. He steadfastly Guantanamo, that‟s not cult that makes it to represent them. denied his guilt. really the point, in my mental problem of our abuse of the Anything that our clients tell us in opinion, unless he power to detain people. Guantanamo is classified as well, so WCT: He was arrested by the Ameri- cl os es a ny fa ci l it y we can‟t reveal that, not only to any- can Army? where we purport to body else, but the government actually FG: He was arrested by the Special detain people indefinitely without SOA is a symbol of horrific abuses of seizes our notes that we take from our Forces, working with some elements of charge. That‟s just un-American and interviews and submits them to what‟s military power. the Afghan Army. I will tell you that if illegal under the Geneva Conventions. called a Privilege Review Team. And if FG: That‟s a very good analogy. The I could reveal it all I would love to be we want to have those notes sent to us WCT: So efforts to close Guantanamo same thing, I think. The overt torture able to do so because I don‟t think the they have to undergo a declassification need to be part of a larger effort? that was going on in Guantanamo—the government has any evidence, any process. It‟s really a Kafkaesque world waterboarding and everything—has credible evidence, that Sharifullah par- FG: I think a lot of people tend to think in a lot of ways. For that reason, I have long since ceased, probably since 2003, ticipated in any plot to plant IEDs. I that closing Guantanamo is somehow to be careful about what I say in any when there was some light shed on think he‟s innocent. I can tell you that the answer to the problem—that it is kind of public forum, or private forum those “enhanced interrogation tech- much. I just can‟t tell you specific evi- just an inherently bad place, and if you for that matter, about the specific alle- niques.” There are still some very un- dence they claim to have and what our close it all will be solved. But if you gations about these men. I can tell you pleasant things that go on down there, I specific rebuttal to that is. close it, and simply send the men who what is publicly known in Sharifullah‟s think, but not as extreme as people are there to some other prison, some- case. He was a member of the Afghan WCT: Well, that leads to my question think when they hear the word torture. where in the world, either here in the National Army. In fact, he had returned of who makes up this “Privilege Re- U.S. or Bagram [Afghanistan], or some WCT: How many Guantanamo prison- from his family‟s exile in Pakistan. view Team?” other place, nothing has changed; In They left because of disgust with the ers have you represented? FG: It‟s a military team. I don‟t know fact I think it has worsened for them. Taliban. He and his brother came back FG: We‟ve had five altogether. …For who actually assigns people to it. There Guantanamo is not the absolutely worst to fight the Taliban, and did so. After the two we have left, who are still is supposed to be, under the Protective prison one can be in. I have been in a the fall of Taliban in 2002, there, we have filed habeas corpus peti- Order, a firewall, if you will, between lot of prisons and I have certainly seen [Sharifullah] and his brother both tions in federal court in the District of the Privilege Review Team and the some that were a lot worse than Guan- joined the Afghan army. He was at a Colombia. government prosecutors. When they tanamo. Guantanamo is a symbol. It base in Jalalabad visiting his brother read the notes to clear them, they are stands for a place where we have de- WCT: Currently you represent two when he was arrested and accused of not supposed to turn over anything or tained people and held them for years Afghan men held since 2002 and 2003 participating in a plot to plant IEDs, without any charges, and in most cases (Continued on next page ) The War Crimes Times • WarCrimesTimes.org Winter 2010 9

FG: It is. The basic edition was written example of the independence the in 1956, that‟s the one that I used and it JAGC officers have shown. was revised in 1976, but only very WCT: Reports show that when Alberto slightly. It‟s still the same fundamental Gonzales and John Yoo were manipulating text. the legal opinions to allow torture, WCT: So in teaching those recruits in there were strong objections by JAGs the aftermath of My Lai, were they re- within the military. Are JAGC officers ceptive? Did they take this into war defending Guantanamo prisoners? with them? FG: Specifically in Guantanamo, there FG: I don‟t know that they took any- are some very courageous officers out thing much of what I said to them into there who have been assigned to de- combat. My supposition was that these fend these detainees and who have em- guys were told they had to go to this braced that duty wholeheartedly and lecture; I am cynical enough to think enthusiastically and, I am sure, to the that they were probably also told by chagrin of their superiors. …There are their first sergeants and their captains, certainly some career JAGC officers “Okay, you‟ve heard that, but this is that tow the administration line, but not really how we do things.” I don‟t there is certainly a lot of independence. know, frankly, if that kind of lecture WCT: How many persons are still held did a lot of good, but I did try to instill at Guantanamo and how many attorneys in each soldier that I taught the idea defend them? Are most compensated? that he had the duty—not just the right, reveal anything to the prosecutors. FG: It‟s a good organization. but the duty—to disobey an order to FG: As of today‟s newspaper [Dec. 1] They say, basically, “Trust us.” But I commit a war crime, an order that was there are something like 211 detainees WCT: During the Viet Nam war, you don‟t know whether that trust is well illegal under the judgment at Nurem- left. … and hundreds of lawyers are were an infantry lieutenant? founded or not. berg. I wanted to be sure that every- involved. Very few are compensated. FG: I was commissioned as an infantry body heard me say that and somewhere The exception would be several public WCT: Is this part of the military jus- lieutenant in 1967, but I didn‟t actually down the line it might stick. Some- defenders around the country repre- tice system, or is it a development as a get sent to Viet Nam. I transferred into where a soldier may be told to do senting detainees. They get paid for result of the so-called “war on terror”? the JAG Corps something their work. Also, the Kuwaiti govern- FG: I don‟t know that its part of the after going to law t h a t h e ment, I think, felt the duty to protect war on terror. It‟s part of the Protective school [Juris I did try to instill in each soldier would rec- their own so they hired lawyers from a Order scheme. It‟s not really part of the Doctor, 1970, ognize was prestigious firm to protect their citi- standard military justice system. It‟s UNC Chapel that I taught the idea that he had u n l a w f ul zens, and those lawyers get paid very not to be found in the Uniform Code of Hill]. …I was not the duty—not just the right, but a n d h e well. The rest of us, by far most of the Military Justice, and not in the court a combat veteran would re- cases, the lawyers are doing it pro bono martial system. We never had that of Viet Nam. the duty—to disobey an order to fuse to do it. and paying their own way and paying when I was in the Army litigating That was their own expenses. Some are from WCT: You were a commit a war crime. courts martial. I defended a lot of peo- my hope. very large firms, where that is not so scholar of inter- ple in courts martial. We didn‟t have much of a burden, and some are from national law at WCT: The Privilege Review Teams. They didn‟t very small firms, like ours, where it is. the Université de Montpellier in JAG Corps, from what I have read, has have a need to—everything my client France, and them served as a captain a tradition of independent military WCT: How much longer do you antici- told me in the brig was confidential. in the U.S. Army Judge Advocate Gen- courts, grounded in the Geneva Con- pate these men will have to endure pre- Nobody got to see my notes. I got to eral (JAG) Corps from 1970 to 1972. ventions. In Alfred McCoy’s book, A trial detention? see what the government‟s evidence Question of Torture: CIA Interroga- How did these experiences inform your FG: I am optimistic. …We had close to was. I got to show it to my client. tion, from the Cold War to the War on current work as a defender of civil lib- 800 people there at one time who the There was none of this classification Terror, he calls these military lawyers erties and of the rights of prisoners at administration called the “worst of the stuff. “the most effective bulwark of opposi- Guantanamo? worst.” They were all supposed to be tion to the [Bush Administration] poli- WCT: How did you become involved as hardened terrorists that could not be FG: (Laughter) I hesitate to call myself cies of tacit torture, endless incarcera- a defender of Guantanamo prisoners? freed. Well, over 500 were freed by Bush a scholar in anything—especially inter- tion and drumhead justice.” Do you during his regime without any court FG: The Center for Constitutional national law, but I‟ve always been very agree? Rights in New York was recruiting interested in that subject. …When I order, any process, just the realization attorneys to take [Guantanamo de- went into the Army after law school FG: I think that‟s an apt observation. It (See INTERVIEW on page 10) tainee] cases pro bono. My friend in one of the duties that I was assigned also squares with what my Winston-Salem, attorney Hoppy was to teach recruits war crimes law. experience was. I do think the (Robert M.) Elliott, signed up… At a This was just after the My Lai massa- JAG Corps is a bit of a bul- legal conference in Asheville he asked cre with Lt. William Calley, so as part wark against military excess if I would join him in representing a of its efforts to put a better face on its from within the Army. I wit- Guantanamo detainee. That was in activities, the Army began requiring nessed that when I defended a 2007. He hadn‟t done anything on the recruits and their commanders to en- soldier, actually a Marine, cases yet, so we started together. His dure a lecture on the Hague and Ge- who refused to arm an air- law partner, Griff (J. Griffin) Morgan, neva Conventions and the law of war. I plane off the coast of Viet has also joined us and is currently rep- was asked to teach that, and so I stud- Nam. His court martial was resenting these men. ied up.…The army, actually to its held at Camp Lejeune and I credit, had some very good textbooks was tasked to defend him at WCT: We have a friend at the Center and manuals. FM 27-10 is called the the request of his civilian law- for Constitutional Rights, the legal di- Law of Land Warfare, an Army Field Man- yer. ...We had a young Marine rector Bill Quiqley, who has for many ual, it‟s actually a widely respected JAGC captain as the military years defended human rights activists treatise on the law of war—surprising law judge. There was, I think, prosecuted for civil disobedience at the coming from the Army, but it is. a lot of command pressure to U.S. Army School of Americas. You’re convict this guy, but he didn‟t. in good hands up there. WCT: Is it still in use? He acquitted him. It‟s just one

10 Winter 2010 The War Crimes Times • WarCrimesTimes.org

Interview ment in their military careers judge on the merits of the case, FG: (Laughter) by the military. I wouldn‟t be on whether the government Well, that‟s a (Continued from page 9) surprised if they perhaps suffer has a right to detain him or complex sub- that they made a mistake and some repercussions. There is a not. Of those 39, I think it is ject. First of they could send these people Col. Stephen Abramson who pretty astounding that the gov- all, “enemy back. sat on a number of Combat ernment has lost 31 of the 39. combatant” is WCT: No reparation? Status Review tribunals. He … Again, it‟s not the “worst of really not a gave an affidavit of how they the worst.” In one case, the term that is FG: No. The other two ave- were ordered to do “do-overs,” evidence of the government used in inter- nues, other than just pure ex- if the findings were not to the was described by the federal national law. ecutive decision, are habeas [Bush] administration‟s liking, judge as “gossamer thin.” That It is nowhere corpus, which is what we have if they found there was no ba- was the phrase he used. It‟s to be found in presently pending on both our sis for the men to be held. not that the government has the Geneva Conventions or in WCT: What actions can be clients, and something set up won resounding victories, the Army Field Manual. It‟s taken by U.S. citizens to com- WCT: They are under some under the Obama Administra- even in the eight cases where just something Bush made up, pel our government to uphold pressure? tion called the Inter-Agency it has been able to win the and his cronies. I don‟t care American and international Review Task Force, or the FG: Absolutely. right to continue to hold these whether you create a synonym standards and the rule of law? Guantanamo Review Task people. Its not that they‟ve for that or not. …There is a WCT: When the Habeas Cor- FG: I think we need to con- Force… composed of repre- proven they are extremely term “unprivileged combat- pus rights of Guantanamo tinue to petition our Congress sentatives from the DOD and dangerous. Some decisions by ant.” Maybe this is an effort to prisoners were restored in and representatives to not DOJ and various agencies. the federal judges are almost bring the thinking a little June 2008, did this restore due yield to the hysteria. We need They review each detainee‟s mocking of the government‟s closer to the mainstream of process rights to these prison- to give them some support, for case and decide if he can be evidence. international law. …a combat- ers? example, that there would be released. We have prepared ant is somebody under the WCT: In October 2009 Presi- no reason to fear relocating petitions to that task force for FG: Yes. I think habeas corpus Convention who has the privi- dent Obama signed into law people to the U.S. if Guan- both of our clients. I am really does. It is an ancient writ … lege of engaging in warfare. the Military Commissions Act tanamo is closed. I would ad- optimistic that, at least in the government has the burden So if that person is captured of 2009. This amended the vocate that we abide by the Sharifullah‟s case, there of proof to prove it has the they are to be treated as a Bush-era Military Commis- rule of law…also I think there should be a good likelihood right to detain people. We had POW, as a member of the sions Act, called by one writer is room for advocacy to prose- they will let him go if they to fight for each of these due military. A civilian is entitled “a second-class system of jus- cute people for war crimes, if look at the evidence they have. process rights. We have the to protection under the 4th Ge- tice designed to war crimes have been commit- I think that should also be neva Convention. The Bush obtain quick con- ted. And I think they have. the case with Khairullah administration‟s fallacy—and victions.” One Khairkhwa. He was a politi- The U.S. has a history of war I hope we don‟t see this under WCT: Yes, they have. The U.N. sentence in the cal official of the Taliban the Obama administration—is Convention against Torture, crimes....It is such a gross and blatant revised Act government, he was acting that those people, civilians ratified by the U.S., prohibits departure from the rule of law that the states: "Defense Interior Minister and gover- who took up arms, fell into the deportation of any person counsel in mili- nor of Herat province. He people who were behind those prac- some kind of black hole where to a nation where he or she tary commission says, and this is public re- they were not covered by any might face torture. U.S. crimi- tices should be prosecuted. cases, particu- cord, that‟s all he was. He of the Geneva Conventions nal laws make it a felony pun- larly in capital was a political official. He and therefore we didn‟t have ishable by up to twenty years cases... should be fully re- had no military role. I think it right to a certain amount of to give them any of the rights in prison for any U.S. official sourced." How might this is clear under international law discovery about what the gov- afforded to either POWs or to conspire to torture a person change things for you and that you can‟t seize and hold ernment has—which the gov- civilian detainees, or anybody abroad. Do you anticipate that your clients? indefinitely non-military mem- ernment has fought us about. else under the Geneva Con- those responsible will be held bers of an opposition govern- And by the way, in fact even FG: That won‟t make any dif- ventions. It is absolutely clear accountable? People like John ment. We haven‟t done that in the Obama administration con- ference to me, though it is a that to the extent these Guan- Yoo, Alberto Gonzales… other wars unless they had tinues to fight us about. For good idea to be fully re- tanamo detainees are covered FG: Jay Bybee— there are a some war crimes role. The example, the right of a de- sourced. [Military Commis- by the Geneva Conventions, number of them—William government has to prove that tainee to be able to see his own sions] are for people the gov- we have violated their rights. Haynes. Do I anticipate it? No. Khairkhwa gave orders or statements if they are in a clas- ernment alleges have commit- [These rights are] too numer- Do I think it would be justi- somehow engaged in activities sified document. The Obama ted war crimes and are to be ous to go through now, but fied? Yeah, I do.…The U.S. against the United States and administration has fought us prosecuted for some violation they have the right, first of all, has a history of war crimes....I coalition forces and that he on that but federal judges have of the laws of war. I don‟t ex- have always had the right un- think it is simply beyond dis- was not simply a political offi- ruled for us … But the Obama pect either of my clients to be der the Conventions, for a de- pute that that we have engaged cial. administration continues to say charged with a war crime. Nei- termination of status, whether in torture, and we have written WCT: I recently read about that we can‟t tell detainees ther has been charged with any they are properly a POW or documentation of it, we have Navy lawyer Lt. Cmdr. what evidence there is against crime. They are there under properly a civilian. the purported written justifica- them. These litigation posi- the purported power of the Charles Swift who took the WCT: So just by naming a tion for it from the memos that tions have not changed from executive to hold people in- Guantanamo case of Osama group of people “enemy com- you have alluded to. …It is Bush to Obama. definitely as so-called “enemy bin Laden's driver to the U.S. batants,” a made-up term, we such a gross and blatant depar- combatants.” Supreme Court — and won. WCT: I understand that to denied their rights, and now ture from the rule of law that He was denied a promotion date 31 prisoners have suc- WCT: The so-called “unitary this new synonym, “alien un- the people who were behind "about two weeks after" the cessfully challenged in U.S. executive” idea? privileged enemy belligerent,” those practices should be Supreme Court sided against Courts the basis of their deten- aren’t we creating a two- prosecuted. FG: Yes. Executive authority. the White House. Are you tion, while just eight prisoners tiered system of justice and aware of other Guantanamo have lost their habeas peti- WCT: The Military Commis- codifying the second-class Clare Hanrahan is an Asheville, defense attorneys who may tion? sions Act of 2009 changes the status of so-called aliens? NC, author and activist, an have experienced sanctions? nomenclature of prisoners associate member of VFP 099, FG: That‟s correct. There have FG: We can codify it all we from “enemy combatants” to a lead organizer with WRL FG: I think [the military law- been 39 cases so far who have want but that is not going to “alien unprivileged enemy Asheville Chapter, and a con- yers] are a courageous bunch. proceeded through the habeas alter the fact that the Geneva belligerent.” What is that tributing editor to the War I don‟t think this is going to be system to what we call merits Conventions still apply. about? Crimes Times. Contact Clare viewed as a crowning achieve- hearings…a hearing before the at [email protected]. The War Crimes Times • WarCrimesTimes.org Winter 2010 11 Obama Steps Up Killer Drone Raids Despite Deaths for targets,” the magazine re- ports. So many Predators and its of Civilians more heavily armed companion, the Reaper, are being purchased by Sherwood Ross that defense manufacturer General Since taking office, Presi- Atomics Aeronautical Systems can dent Obama has sanctioned at hardly make them fast enough. least 41 Central Intelligence The Air Force is said to possess 200. Agency (CIA) drone strikes in Mayer writes, “The embrace Pakistan that have killed be- of the Predator program has oc- tween 326 and 538 people, curred with remarkably little many of them, critics say, public discussion, given that it “innocent bystanders, includ- represents a radically new and ing children,” according to geographically unbounded use the drone assaults that operates Running the CIA program is drones, including “new gen- reliable reports. The drone is a of state-sanctioned lethal force.” in Afghanistan and Iraq, while a team of operators that handle erations of tiny „nano‟ drones, remotely controlled, un- Today, Mayer writes, “there is the CIA‟s drones hunt terror Predator flights off runways in which can fly after their prey manned aircraft. no longer any doubt that tar- suspects in countries where U.S. Afghanistan and Pakistan. Once like a killer bee through an geted killing has become official “Even if a precise account troops are not based and is aloft, the Predators are passed open window.” U.S. policy.” And according to is elusive,” writes Jane Mayer “aimed at terror suspects around over to controllers at CIA head- Gary Solis, who teaches at Sherwood Ross is a Miami- in the October 26th the New the world,” Mayer writes. The quarters in Langley, VA, who Georgetown University‟s Law based writer who formerly Yorker, “the outlines are clear: CIA effort was launched by maneuver joysticks and monitor Center, nobody in the govern- worked for the Chicago Daily the CIA has joined the Paki- Obama‟s predecessor, and a events from a live video feed ment calls it assassination: “Not News and other major dailies. stani intelligence service in an former aide to President George from the drone‟s camera. aggressive campaign to eradi- only would we have expressed Reach him at sher- W. Bush says Obama has left The magazine article reports cate local and foreign mili- abhorrence of such a policy a [email protected]. nearly all the key personnel in the government plans to com- tants, who have taken refuge few years ago; we did.” place. mission “hundreds more” of the in some of the most inaccessi- David Kilcullen, a counter- ble parts of the country.” insurgency warfare authority Based on a study just com- has suggested the drone attacks Veterans in Oregon Protest Death by Remote Control pleted by the non-profit, New have backfired. As he told the by Tim King Salem-News.com America Foundation, “The New Yorker, “Every one of these number of drone strikes has dead non-combatants represents (HOOD RIVER, Ore.)—Anti-war Veterans and other risen dramatically since an alienated family, a new re- activists who gathered for a special event on November Obama became President,” venge feud, and more recruits 13 say the new form of warfare in Afghanistan and Iraq Mayer reports. for a militant movement that has involves death being delivered by remote control from grown exponentially even as In fact, the first two strikes thousands of miles away. took place on January 23, the drone strikes have increased.” Gordon Sturrock, co-founder of VeteransAgainstTor- President‟s third day in office And because of the CIA ture.com, believes this death-from-beyond concept re- and the second of these hit the program‟s secrecy, Mayer moves all signs of humanity from the process. He says for wrong house, that of a pro- writes, “there is no visible sys- the pro-war set, "It is a new form of justice; it's a trial by government tribal leader that tem of accountability in place, Hellfire missile, quick and cheap. No need for expensive killed his entire family, includ- despite the fact that the agency time consuming trials. No risk at all to American lives." ing three children, one just has killed many civilians inside "Being a 'suspect', or sitting next to one, is all the reason needed to murder anyone our government five years of age. a politically fragile, nuclear- has designated as a terrorist." He says the killing will become as easy, "as a push button video game." armed country with which the At any time, the CIA ap- U.S. is not at war.” Sturrock says the current generation is already desensitized to violence by years of exposure to vio- parently has “multiple drones lent video games and obscenely violent TV shows. He believes that there is a plan to greatly escalate flying over Pakistan, scouting It is the military‟s version of this new form of warfare and death by proxy. "Our military shouldn't have any problem find- The Cubicle Soldier ing volunteers to 'serve' their county, and a large financial bonus offered by military recruiters for We are concerned about a 10% increased risk for cancer your child's commitment to military service will ensure a if we eat too much red meat steady stream of young people," Sturrock said. or drink too much wine "It will be highly profitable for some Oregon businesses like InSitu who are gearing up to pro- And undoubtedly, processed meats are harmful duce more surveillance drones. This is just a because of the nitrosamines manufacturing hop, skip and a jump from produc- ing the much larger armed versions which shoot a But I wonder what the risk is variety of extremely deadly weapons. Is it a stretch or percentage of survival, for someone to think this could happen?" at a family reunion or wedding in rural Afghanistan InSitu got it's start designing drones to track

schools of fish. Now they are designing drones to And mistakenly targeted track humans. Sturrock and other peace advocates by one of our young soldiers, sitting down say they don't want to see this happen. They are before his video, and chosen calling on concerned citizens from all over the because he was an expert at games United States to become aware of this new trend of war referred to as, "death by remote control." And unseen, firing a missile Tim King is a former U.S. Marine who serves as from a Predator or Reaper robotic drone thousands of miles away— Salem-News.com's Executive News Editor. Reach

Tim at [email protected]. —Thomas Krampf

12 Winter 2010 The War Crimes Times • WarCrimesTimes.org

vertical hierarchies In essence, by being condi- Breaking Our Addiction The U.S., with 4.6 % of the world's popu- dependent for their tioned to obey the laws and mores f u nct i o ni n g o n of modern society dictated and lation devours more than 30% of the strict obedience shaped by vertical political- to War in more than 100 globe's resources. This is ecologically un- from their popula- economic systems, we have been countries. More than tion base. living contrary to our authentic by S. Brian Willson 300 of these have oc- sustainable and immoral. "Civilization" is nature as cooperative beings capa- curred since World ble of self-governance in small December 15, 2009: I am sick marked by a dra- War II, including the Our personal addiction to consumer communities without authority of being anti-war. Are wars matic shift from bombing of 28 coun- from above. In addition, in the inevitable? War crimes? If we goods, fed by the myth that our material long-standing, de- tries. In addition, the West, with but 20 percent of the really don't want wars, it be- centralized, hori- U.S. has conducted well-being derives from our American world's population, we have mate- hooves us to get serious about zontal, matriarchal thousands of covert "exceptionalism" enables our dreadful rially benefited from 500 years of understanding their causes, societies, to cen- interventions, mostly colonial exploitation at the ex- and choose to radically ad- wars—imperial projects to assure, at tralized, vertical/ in "Third World" pense of the remaining 80 percent. dress them. Otherwise, what's class-oriented, pa- countries. gunpoint, continuation of our American This is not only immoral, it is the point? Feeling a "rush" triarchal societies, The longer view: Way Of Life. ecologically unsustainable. In the with like-minded folks at po- in which obedience Since the advent of U.S., with but 4.6 percent of the litical actions only perpetuates to a king was re- "civilization" around world's population, our insatiable our addiction to anti-war ral- quired, and slave 3500 BC (55 centuries of at least 1,000 in land bat- consumption devours more than lies, which do nothing to stop labor utilized to construct mas- ago), there have been 14,600 tles, and 500 in naval ones, 30 percent of the globe's re- wars from occurring. sive projects like tombs, irriga- recorded "decisive wars," not with an additional quarter mil- tion, and grain storage sys- sources. Habits of obedience to The inarticulate presidency counting thousands of smaller, lion "hostile encounters." The our system have historically been of George Bush II successfully tems. Class and stratification "indecisive" ones, according to U.S. Army alone engaged in ripped people from their his- reinforced by our personal addic- unmasked the U.S. empire for the Norwegian Academy of over 9,000 "battles and skir- torical roots as autonomous tion to consumer goods, fed by the everyone to see in its grue- Sciences. This coincides with mishes" between 1775 and myth that our material well-being some glory—laying bare all beings living in small coopera- development of writing and 1900, most against Native tive tribal groups. This separa- derives from our "exceptionalism" the lies, sordid details, and emergence of patriarchal, hier- Americans; and the U.S. Navy tion of people from their inti- as U.S. Americans. Our allegiance egregious consequences of archical kingdoms, most of engaged in over 1,100 addi- mate connections with the to this myth and our addiction to unfettered greed. Then the which later became empires. tional encounters. earth produced deep insecu- its benefits are what enable those ”hopium” associated with The rulers of these kingdoms Efforts to prevent wars are rity, anxiety, and fear in the dreadful wars—these are nothing Obama's election served as a gained power by manipulating also well established. Histori- psyche, and ecopyschologists more than imperial projects to as- soothing tranquilizer, quieting surplus that had grown out of cal sociologist Jacques Novi- such as Chellis Glendinning sure, at gunpoint, continuation of the movement, at least for a the agricultural revolution. cow documented more than and Theodore Roszak suggest our American Way Of Life, not to time. Yet, no matter who is in Another coincidence with the 8,000 treaties for peace be- that such fragmentation cre- mention endless profits for the po wer , wars continue ad advent of civilization is a nota- tween 1500 BC and 1860 AD. ated a traumatic primordial "emperor" and his entourage. nauseum. To learn why, we must ble increase in findings of hu- Modern efforts to impose breach. Being forced to live In summary, we are addicted to examine the vertical/ man remains for which the accountability for war behav- and work in a class system war because we are addicted to a hierarchal, patriarchal, politi- cause of death has been attrib- ior include The Hague and generally leads to a feeling of materialist way of life, which re- cal-economic system to which uted to warfare injuries. Ar- Geneva Conventions, the lack of self worth. People will quires obedience to an infrastruc- we humans have adapted over chaeologists have found little United Nations Charter, and avoid this shame at any cost, ture of imperialism that enables millennia. if any evidence of systemic the Nuremberg Principles. The often by adopting "defense business as usual. That it is totally First, let's look at U.S. his- warfare prior to this time. 1928 Kellogg-Briand Pact re- mechanisms" such as project- unsustainable is only now being tory. The record reveals a W a r s c h o l a r Q u i n c y ing demonization onto others realized. chronic, depressing pattern of nounced war altogether. Since Wright documents 3,000 re- the 1950s, the U.S. Army "below," and/or deference of The prescription: Re-discover war making—550 direct mili- corded "battles" since 1500 Field Manual adopted provi- authentic autonomous free- the eco-consciousness that already tary interventions since 1799 AD which involved casualties sions of international law, ab- doms to belief in authority resides in our visceral genetic solutely prohibiting structures and adoption of memory outside our brains. targeting of civilians their accompanying mytholo- Choosing to live with less stuff in and civilian infra- gies and ideologies. locally sufficient, food producing structure. It has done For 300 generations civili- and simple tool making/artisan little, if anything, to zation has required obedience. cultures can be joyful, and pockets retard murder of civil- This has become a cultural of such revivalist cultures are ians. habit enabling each of us to cropping up in many places as Attempting to under- successfully adapt to our non- people strive to re-establish their stand this chronic indigenous culture. Observers local autonomy. We are coming pattern of human car- such as Etienne De La Boetie full circle—those we exterminated nage, scholars such as have discovered that virtually because we deemed them Lewis Mumford, all vertical power quickly be- "savage," were in fact authentic. Thomas Berry, Marija comes ego-tyrannical, inherent We are the savages and now must Gimbutus, Riane in concentration of political, turn to the authentics to help in our Eisler, and James social, and economic power— healing. whether achieved through Hillman chronicle the Brian Willson is an activist and elections (such as the USA), record of more than essayist with degrees in Sociology, force of arms, or inheritance. five millennia of the Criminology, and Law who com- Method of rule is essentially four patriarchal estab- manded an experimental Air the same—achieving mass lishments: classical Force combat security ranger-type consent through either fear or empires, ecclesiasti- unit in Viet Nam. His philosophy propaganda/myth. Barbara cal institutions, nation of sacred interconnectedness with Tuchman describes the historical -states, and modern all life is summed up: “We are not folly of ego-maniacs at war in her corporations. All four worth more, they are not worth 1984 book, The March of Folly: can be described as less.” ma l e - d o m i n a t e d , From Troy to Vietnam. The War Crimes Times • WarCrimesTimes.org Winter 2010 13

Malachi Ritscher self-immolated on November 3, 2006 to protest invasion of Iraq. War Criminals War Crime (Continued from page 3) (Continued from page 3) Chicago Millennium Flame From the Bible, Galatians VI that would illuminate the role of the entire (King James Version), Blair gang, notably Blair‟s 2003 cabinet, long They say if there were a slight increase “Whatsoever a man soweth, that silent. Who remembers the threat of the thug- or decrease in gravity shall he also reap.” Yes, Luther is gish Geoff Hoon, Blair‟s “defense secre- A star would either refuse to adhere suffering now. And only he and his tary,” to use nuclear weapons against Iraq? or inversely, would collapse into a blind sullen mass fellow scouts know the misery and In February, Jack Straw, one of Blair‟s affecting its light principal accomplices, the man who let the But Malachi Ritscher probably didn’t have time to know this mass murderer General Pinochet escape when in protest against the war, he burned himself alive These crimes are com- justice and the current “justice secretary,” at Kennedy and the Ohio Street Exit mitted in all of our overruled the Information Commissioner He only left a note saying, “In my silence, I can no longer willingly names. We load the who had ordered the government to publish offer my consent to your crimes.” Cabinet minutes during the period Lord weapons; the soldiers Goldsmith was pressured into changing his Immolating him, the critical mass at the center of his soul and Marines do our judgment that the invasion was illegal. burning even more brightly. How they fear exposure, and worse. —Thomas Krampf dirty work. Rally Against Torture Outside Condoleezza Rice’s Speaking Tour pain they brought to who knows “[The invasion] was made how many families who did nothing far easier given the role of by Bob Heberle to us. If you break into someone‟s Minnesota activists staged an anti-torture rally on home, it is not “self-defense” to useful idiot played by much November 8 in St. Louis Park, Minnesota as the Beth El Syna- attack the people who live there. It of the mainstream media in gogue hosted Condoleezza Rice as the main speaker at a is assault and battery. It is terror- the U.S. and Britain.” fundraiser. As National Security Adviser in the Bush ad- ism. It is murder. Power of pride? I —Scott Ritter ministration, Rice is believed to be the first White House don‟t think so. official to approve torture of “enemy combatants“ in And because these crimes are 2002. Rice is known to have delivered the Administra- committed in all of our names, we tion‟s approval for torture to the CIA, saying “It‟s your The media has granted itself immunity. are all the war criminals. We load On 27 November, Scott Ritter, the former baby. Go do it.” the weapons; the soldiers and Ma- Although it‟s not known what Rice herself was paid UN chief weapons inspector, wrote that the rines do our dirty work. November invasion “was made far easier given the for the appearance, her going rate is $100,000 to 5, 2009, was sort of a “take your $150,000 per appearance. Guests at Beth-El paid from role of useful idiot played by much of the family to work” day at Ft. Hood. mainstream media in the U.S. and Britain.” $50 to $1200 to hear Rice‟s speech with the higher tickets Military families got to see first- entitling the donor to a private dinner with her following More than four years before the invasion, hand the environment where their Ritter, in interviews with myself and oth- her talk. loved ones earn a paycheck. All of More than ten members of Veterans for Peace (VFP) ers, left not a shred of doubt that Iraq‟s us had a brief glimpse into the hor- weapons of mass destruction had been dis- along with over 135 anti-torture activists and dismayed rors that we visit on Iraqi and Af- Beth El congregants gathered on the sidewalk for a can- abled, yet he was made a non-person. In ghani families everyday. dlelight vigil, remembering the victims of U.S.-sponsored 2002, when the Bush/Blair lies were in full torture. They chanted "Shame on Condi," “Torture is not But we were lucky, for it wasn‟t echo across the media, the Guardian and Kosher,” read statements of Guantanamo detainees, and waved signs that called for quite the same. The victims weren‟t Observer mentioned Iraq in more than Condoleezza Rice's arrest for violating federal laws against torture. raped before they were murdered; 3,000 articles, of which 49 referred to Demonstrators handed out letters calling for Rice's arrest and questioning by the their bodies were not set on fire Ritter and his truth that could have saved FBI. A letter notifying the local FBI and United States Attorney had been delivered a after their last breaths were taken. thousands of lives. few days prior to her appearance to provide a basis for Rice to be charged with viola- The victims‟ children were not tied What has changed? On 30 November, tion of the domestic torture statutes. up while their fathers were detained the Independent published a pristine piece Rice received three standing ovations from the Synagogue audience during her before they were shot. Ft. Hood of propaganda from its embedded man in speech about bringing democracy to the Mid-east, the threat posed by a nuclear Iran, soldiers were not stacked into na- Afghanistan. “Troops fear defeat at home,” and criticism of the Goldstone ked pyramids and tortured to death, said the headline. Britain, said the report, Report finding that war crimes nor were there families killed in “is at serious risk of losing its way in Af- were committed by Israelis and their homes by airstrikes. That is ghanistan because rising defeatism at home Palestinians during the bombing the reality of occupation, and none is demoralizing the troops on the front line, of Gaza earlier this year. The of us are without blood on our military commanders have warned.” In “unscripted Q & A” session was hands—civilian or military. Ameri- fact, public disgust with the disaster in Af- disappointing as the emcee can soldiers and Marines are not ghanistan is mirrored among many serving avoided the many hard questions guiltier than the rest of us, but they troops and their families; and this frightens the demonstrators had prepared sure as hell aren‟t any more inno- the warmongers. So “defeatism” and and did not include one question cent. If we want the madness to “demoralizing the troops” are added to the about the issue of torture. VFP‟s stop, we all must stop the madness. weasel lexicon. Good try. Unfortunately, Chapter 27 President Larry Dr. Dahlia Wasfi is an activist and like Iraq, Afghanistan is a crime. Period. Johnson had paid to attend so speaker, currently working on a John Pilger is a world-renowned journal- that he could ask a question but book. She supports the rapid rede- ist, author and documentary filmmaker, he was never given the chance. ployment of all overseas American who began his career in 1958 in his home- Tackling Torture at the Top, a military personnel back to the U.S., land, Australia, before moving to London sub group of the Minnesota anti- specifically to the offices of Gold- in the 1960s. He regards eye-witness as the war group, Women Against man Sachs, AIG, and the Federal essence of good journalism. He has been a Military Madness organized the Reserve, where they should remain foreign correspondent and a front-line war event with endorsement from until they receive the benefits they reporter, beginning with the Vietnam war the local VFP. T3 can be con- were promised. Her website is in 1967. He is an impassioned critic of tacted at tacklingtor- www.liberatethis.com. foreign military and economic adventures [email protected]. by Western governments.

14 Winter 2010 The War Crimes Times • WarCrimesTimes.org

Pentagon‟s global strategy American democracy or their atrociously violent plans. international law and elemen- Hypocrisy might have WMDs, they are Western values is easily seen Perhaps, however, it‟s the same tary morality were operative, (Continued from page 2) automatically transformed into as mostly a sham in view of thing: lack of compassion to- thousands of U.S. politicians Argentina a terrorist-rogue state by a Washington‟s full-scale sup- wards, and fear of the alienated and military planners would be Washington‟s support for wave of the Washington wand. port of anti-democratic values other or the unknown, represent regarded as candidates for Argentinean state terrorism Indonesia embodied in the extremely the failure of the mind to imag- Nuremburg-type trials.” Lead- under Generals Viola and Washington‟s policy in bloody regimes of the Pino- ine or feel what should be the ers of victorious nations who Galtieri was also substantial Indonesia further instances the chets, Amins, Suhartos, Rios inalienable flesh-and-blood real- commit war crimes are not and exposed countless num- country's participation in glob- Montts and the rest. It is still ity of other human beings. This likely to be thrown into prison bers of people to the agonies of ally illegal and criminal war not understood by the general is what the San Francisco poet or executed, although their state terrorism. Again, one crimes. The White House and public that many nationalistic Kenneth Rexroth called “the condemnation by representa- witnesses the White-House State Department were in- movements of liberation in holiness of the real,” by which tive world legal institutions pattern—not only offering sup- volved in the 1965 massacre, “Third-World” countries he also meant the holiness of the might bear significant sym- port and affirmation of vio- amounting by some estimates were deliberately misidenti- other‟s individuated being. bolic and thus repercussive lently suppressive right-wing to almost ten million Indone- fied as Communist in order to The Buck Stops Here value, even within the criminal forces but also sizable in- sians, by supplying arms, undercut the drive to recon- As for plausible deniability, leader‟s own nation. It is easy creases in American funding money, detailed “enemies” figure severely impoverished modern political executive insti- to see how Bush-Cheney- and the arming and training of lists, communications technol- societies run by elites friendly tutions are so complex and multi Rumsfeld (and now Obama) military and police in illegally ogy, and training and even the to and supported by Washing- -layered that a President could have been grossly in violation imposed dictatorial regimes. ton. What is pretend he didn‟t know what of the moral norms of political This was a regime in Argentina shocking is the was going on in regard to crimi- leadership. But when a whole that, among other atrocities, When a whole string of American global breadth nal behavior. The overriding string of American presidents brutalized Argentinean Jews presidents are viewed as condoning and extremes consideration regarding an from Eisenhower on are (who comprised ten percent of or encouraging war crimes, it gives of violence to event—such as the overthrow- viewed as in one way or an- its victims) and dropped its w h i c h t h e ing of another nation‟s govern- other condoning or covertly tortured victims into the Atlan- American political leadership an White House ment in a country the United encouraging war crimes tic Ocean from planes. Such appearance that is shocking in its woul d go t o States is not at war with—is abroad, it gives the character diabolical treatment did not Realpolitik ruthlessness. preserve com- whether the President or his of American political leader- prevent President Reagan from mercial, corpo- close advisors should have ship an entirely different moral receiving one of the generals rate demands known. It is easy and cheap for appearance, one that, hidden who had helped implement air support of the Seventh Fleet virtually anywhere that assets Presidents to urge the myth of behind the successful cover of Argentinean state terrorism— to the anti-Sukarno rebels. Sec- to be possessed exist. the Free World or to urge igno- plausible deniability, is shock- General Roberto Viola—with high retary of State Dean Rusk ap- Liberation? rance of egregious misconduct ing in its Realpolitik ruthless- honor. Washington‟s policy of proved the massacres. Ameri- The Washington pretense by one of a President's countless ness. Instead of naming statues supporting such anti - can Ambassador to Indonesia of liberating Panama from agencies. But Presidents must and airports and freeways and Communist regimes friendly to Marshall Green brutally re- Noriega (or Iraq from Hus- take responsibility for the results public buildings after these American corporate invest- ferred to it as a “cleanup” and sein) is hardly worth serious and consequences of their for- men, we should label them ments was consistent with tra- Rusk insisted the massacres be attention as an ethical ration- eign policies. If those policy felons and at the very least ditional American foreign pol- continued. Historian Gabriel ale. Indonesia, however, is far consequences involve war imprison them in print. th icy going back to the early 20 Kolko states that Washington more atrocious because of the crimes, genocide, torture or an Don Gutierrez, professor century. “was an accessory to the state astounding scale of violence illegal war, they must be held emeritus of English from West- South Africa terrorism in Indonesia” and and Washington's deep in- fully accountable legally, in- ern New Mexico University, Washington‟s foreign- called it “one of the most bar- volvement in that violence. cluding not only impeachment devotes research and writing policy hypocrisy was also fla- baric acts of humanity in a cen- The “liberation” of Indonesia but imprisonment. to issues of social justice and grantly criminal in South Af- tury…and ranks as a war crime from the democratically Noam Chomsky has stated human rights abuses (or what rica, supporting racist admini- of the same types as those the elected and independent Su- that “If the facts were faced, and he calls political or state tor- strations and promoting ethnic Nazis perpetrated.” These karno to the ruthless despotic ture). cleansing, genocide, and war strong words suggest a terrify- General Suharto meant crimes. In 1986 140,000 chil- ing darkness at the core of the opening of vast natu- dren died because of South America‟s political soul. ral resources and a cheap Africa‟s “total strategy,” a war Communist Threat? labor populat i on t o campaign designed to destabi- What is behind all this Western corporate ex- lize Black African populations proxy—and direct—violence ploitation. This story of in and adjoining South Africa. committed by Washington freedom for Capitalist Almost nine million people abroad? Why has it supported exploitation is not well were displaced by that dictator-monsters worse than known or honestly pre- “Strategy.” Washington knew Saddam Hussein, then set Sad- sented to the American that Apartheid South Africa dam up as, in effect, one of the public. Less familiar is was developing chemical and worst political villains of mod- the sheer hypocritical bacteriological warfare materi- ern times, ridiculously com- brutality involved. For if als. Moreover, South Africa‟s pared by some hysterical pun- that realization dawned Weapons-of-Mass-Destruction dits even to Hitler? The numer- on enough Americans, program would not have been ous right-wing regimes sup- one would think it possible without foreign aid ported by Washington before would, or at least from the United States. Those the Gulf Wars were of course should, have lead to materials included cholera, seen as noble bulwarks against huge street demonstra- anthrax, chemical poisoning, the alleged global threat of tions of protest. and other deadly germs. Ap- global communism. While So- Disconnect? parently, it was all right then viet Communism could be con- The men and women (and remains so now) if an ally sidered a threat to global Capi- behind these actions are such as Israel develops talist interests and investments either extremely cruel or WMDs. But if a nation less and unquestionably embodied totally abstracted from receptive to the needs of a totalitarian social order, the concrete human, American corporations and the transforming it into a threat to bodily consequences of The War Crimes Times • WarCrimesTimes.org Winter 2010 15 Current Traumatic Stress Disorder in Gaza by Will Covert November, 2009—I've just People in Gaza are not returned from a nine day visit suffering from Post Trau- to Israel, the West Bank, and matic Stress Disorder. Gaza. After spending just three “Post” denotes past tense days talking with survivors of and suggests over and the recent war on Gaza—folks done with. Such is not the who have lost family members case in Gaza. The stress is and friends to a ruthless mas- ongoing, constant and sacre perpetrated on a hope- ever present in the here lessly trapped and powerless and now. And through people—plus visiting the sites their trauma the people of and seeing with my own eyes Gaza, in their pain, frus- tration and anger cry out Photos: Child of the occupation; Mosque minaret used for F16 target to the world, "How is it practice; F16 destruction. you can sit idly by and allow these crimes against chain. And when the Israeli Dr. Ezzeldeen Abu al-Aish, a humanity to con- Defense Forces (a misnomer tinue? Have you no com- Palestinian doctor who trained in Is- if ever there were one) attack rael, whose three daughters (22-year- passion? Have you no it must be like shooting fish s o u l ? H a v e y o u n o old Bisan, 15-year-old Mayer, and 14 in a fish bowl for them. Of -year old Aya) and a niece (14-year- heart?" course they call them old Nour Abu al-Aish) were killed by Won't you please join "surgical strikes" as if it an Israel Defense Forces shell on with me to break the si- somehow makes the event January 16, 2009: …it will follow me lence surrounding the ille- more humane and clinical. It the whole of my life. And I will do my gal, immoral and criminal makes it all appear a whole best, this memory, to be changed into siege, blockade and occu- lot neater unless, that is, you positive actions, to establish a foun- pation of Gaza. Speaking avoid their reality) and the happen to be the person left dation under their name for only up and speaking out people of Gaza busy them- with the clean up in the after- girls, to empower girls and women, against illegal, immoral selves with their daily chores math. who will achieve and seal, these girls, and criminal acts does not the implications of the question I am seriously thinking of the dreams of my daughters. make a person anti - permeates and haunts every returning to the West Bank the devastation inflicted by a Semitic, anti-Israeli, anti- aspect of life in Gaza as it and to Gaza for Christmas Dreams of my Daughters harsh and brutal occupier, I Jewish or even anti- hangs thick in the air. . . and and New Years this year. If I were the Palestinian gynecologist found myself shutting down Zionist, just courageous in still they wait and wait some Assuming I can raise the nec- emotionally and psychologi- this day and age! —WC more. What else can they do? essary funds to make the trip. whose two daughters and niece cally. To protect myself, I It is an impossible situation It certainly seems like the were slaughtered by an Israeli bomb needed to insulate myself from "When will the next attack for the people of Gaza. The Christian thing to do . . . in Gaza recently, this would be the pain, frustration, and anger occur?" It is a question ever occupiers will not allow them of the people of Gaza, not to Will Covert traveled to Gaza present but rarely voiced in to leave the open air prison my way of telling you of suffering mention my own pain, frustra- with the Washington Physi- Gaza as if to give voice to the and, on the other hand, there is outraged. What did these beautiful tion, and anger with my fellow cians for Social Responsibil- question out loud might cause nowhere to hide, to feel safe in girls do to harm Israel? All innocent. countrymen who not only sup- ity delegation. He is a mem- it to happen again...soon...today! Gaza. It is an Israeli imposed All on the thin edge of the moment, port this madness, but fund it ber of Veterans For Peace As children play (not only physical, emotional as well—and to the tune of in Albuquerque, NM. for the sake of play but to and psychological ball and opening their future, meeting life $30 billion plus per year. more than halfway, in love with hope, Now that I have returned to dreaming of becoming a doctor, New Mexico I am beginning a teacher, a musician. Here to adjust back into a familiar world. However, that world on this very splash of blood will never be the same again. lie torn notebooks, a comb, Once a person knows a thing a towel and a kerchief to cover that person cannot “not” know an all-too-fragile brain-case. that thing. These then are the horrors God protect them in heaven that the population of Gaza as I could not protect them in hell. must labor under, day in and Give me the strength to believe— day out. They are literally pris- not in peace, for that word has now oners on their own land and their imprisonment is enforced lost all its meaning—but that through a brutal and illegal a more human race will spring occupation accompanied by an from the loins of other girls immoral and illegal blockade. by some miracle salvaged T h e y a r e c o n s t a n t l y haunted by the question ever from such ruinous assaults, present in the heart and minds such soul-consuming hatreds. of all of Gaza, "When will the My lovely girls are gone. Can I next attack on Gaza take revive my will to trust once more? place?" Not, "Will there be another attack on Gaza?" but —Jean Gerard (In honor of Dr. Ezeldeen Abu Al-Aish)

16 Winter 2010 THE LAST WORDS War Crimes Times ● WarCrimesTimes.org

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