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17 January 2009

Gaza Physician Begs Israel to Stop on Israeli TV

'Prima facie evidence of war crimes' -- UN on Israel in Gaza

CHRIS MCGREAL - Jan 17 2009 05:00

Israel is facing growing demands from senior United Nations officials and human rights groups for an international war crimes investigation in Gaza over allegations that include the "reckless and indiscriminate" shelling of residential areas and soldiers' use of Palestinian families as human shields.

As the death toll from the Israeli assault on Gaza topped 900 this week, pressure mounted for an independent inquiry into specific incidents, such as the shelling of a UN school turned refugee centre where 40 people died and whether the military tactics used by Israel systematically breached humanitarian law.

The UN's senior human rights body approved a resolution on Monday condemning the Israeli offensive for "massive violations of human rights".

A senior UN source said UN humanitarian agencies were compiling evidence of war crimes and referring it to the "highest levels".

Some human rights activists allege Israeli leaders ordered military casualties be kept low no matter what cost to civilians, and that the strategy contributed to one of the bloodiest Israeli assaults on Palestinian territories.

John Ging, head of the UN Palestinian refugee agency in Gaza, said: "It's about accountability [over] the issue of the appropriateness and proportionality of the force used, and the duty of care of civilians. We don't want to join any chorus of passing judgement, but there should be an investigation of every incident where there are concerns there might have been violations in international law."

The Israeli military are accused of:

  • Using powerful shells in civilian areas that the army knew would cause many innocent casualties;

  • Using banned weapons such as phosphorus bombs;

  • Holding Palestinian families as human shields;

  • Attacking medical facilities, including killing 12 ambulance men in marked ambulances; and

  • Killing large numbers of policeman with no military role.
Israel's actions prompted an unusual public rebuke from the International Red Cross after the army had moved a Palestinian family into a building and shelled it, killing 30. The surviving children clung to the bodies of their dead mothers for four days while the army blocked rescuers from reaching the wounded.

Human Rights Watch has called on the UN security council to set up a commission of inquiry into alleged war crimes.

Two leading Israeli human rights organisations have separately written to the country's attorney general demanding he investigate the allegations. But critics are sceptical that any such inquiry will take place given that Israel has previously blocked similar attempts, with US backing.

'Indiscriminate use of force'
Amnesty International says the dropping of powerful shells on residential streets that send blast and shrapnel over a wide area constitutes "prima facie evidence of war crimes".

"There has been reckless and disproportionate and in some cases indiscriminate use of force," said Donatella Rovera, an Amnesty investigator in Israel. "There has been the use of weaponry that shouldn't be used in densely populated areas because it's known it will cause civilian fatalities and casualties."

Israel's most prominent human rights organisation, B'Tselem, has written to the attorney general in Jerusalem, Meni Mazuz, to press him to investigate suspected crimes including how the military selects its targets and the killing of scores of policemen at a passing-out parade.

"Many targets seem not to have been legitimate military targets as specified by international humanitarian law," said Sarit Michaeli of B'Tselem.

Rovera has also collected evidence that the Israeli army holds Palestinian families prisoner in their own homes as human shields. "It's standard practice for Israeli soldiers to go into a house, lock up the family in a room on the ground floor and use the rest of the house as a military base, as a snipers' position. That is the absolute textbook case of human shields."

Although there is growing agreement on the need for an international investigation, the form it would take is less clear-cut. The UN's human rights council can investigate war crimes allegations, but Israel has blocked its previous attempts to do so.

The UN security council could order an investigation, and even set up a war crimes tribunal, but that is likely to be vetoed by the US and probably Britain. The international criminal court has no jurisdiction because Israel is not a signatory. The UN security council could refer the matter to the court but is unlikely to do so.

Benjamin Rutland, a spokesperson for the Israeli military, said an international investigation of army actions was not justified.

"We don't feel there's any need. We have international lawyers at every level of the command whose job it is to authorise targeting decisions, rules of engagement ... We don't think we've breached international law," he said. -- © Guardian News & Media 2009

A Sample Letter to my Congressman on Gaza by Yours Truly

Click the title to read. Feel free to steal whatever you like in there; I took the action steps from Electronic Intifada (slightly massaged them).

Punishing the Palestinians, Ralph Nader

In the long sixty-year tortured history of the Palestinian expulsion from their lands, Congress has maintained that it is always the Palestinians, the Palestinian Authority, and now Hamas who are to blame for all hostilities and their consequences with the Israeli government.

The latest illustration of this Washington puppet show, backed by the most modern weapons and billions of taxpayer dollars annually sent to Israel, was the grotesquely one-sided Resolutions whisked through the Senate and the House of Representatives.

While a massive bombing and invasion of Gaza was underway, the resolution blaming Hamas for all the civilian casualties and devastation—99% of it inflicted on Palestinians—zoomed through the Senate by voice vote and through the House by a vote of 390 to 5 with 22 legislators voting present.

There is more dissent against this destruction of Gaza among the Israeli people, the Knesset, the Israeli media, and Jewish-Americans than among the dittoheads on Capitol Hill.

The reasons for such near-unanimous support for Israeli actions—no matter how often they are condemned by peace advocates such as Bishop Desmond Tutu, United Nations resolutions, the World Court and leading human rights groups inside and outside of Israel, are numerous. The pro-Israeli government lobby, and the right-wing Christian evangelicals, lubricated by campaign money of many Political Action Committees (PACs) certainly are key.

There is also more than a little bigotry in Congress against Arabs and Muslims, reinforced by the mass media yahoos who set new records for biased reporting each time this conflict erupts.

The bias is clear. It is always the Palestinians’ fault. Right-wingers who would never view the U.S. government as perfect see the Israeli government as never doing anything wrong. Liberals who do not hesitate to criticize the U.S. military view all Israeli military attacks, invasions and civilian devastation as heroic manifestations of Israeli defense.

The inversion of history and the scope of amnesia know no limits. What about the fact that the Israeli government drove Palestinians from their lands in 1947-48 with tens of thousands pushed into the Gaza strip. No problem to Congress.

Then the fact that the Israeli government cruelly occupied, in violation of UN resolutions, the West Bank and Gaza in 1967 and only removed its soldiers and colonists from Gaza (1.5 million people in a tiny area twice the size of the District of Columbia) in 2005. To Congress, the Palestinians deserved it.

Then when Hamas was freely elected to run Gaza, the Israeli authorities cut off the tax revenues on imports that belonged to the Gaza government. This threw the Gazans into a fiscal crisis—they were unable to pay their civil servants and police.

In 2006, the Israelis added to their unrelieved control of air, water and land around the open-air prison by establishing a blockade. The natives became restless. Under international law, a blockade is an act of war. Primitive rockets, called by reporters “wildly inaccurate” were fired into Israel. During this same period, Israeli soldiers and artillery and missiles would go into Gaza at will and take far more lives and cause far more injuries than those incurred by those rockets. Civilians—especially children, the infirm and elderly—died or suffered week after week for lack of medicines, medical equipment, food, electricity, fuel and water which were embargoed by the Israelis.

Then the Israeli bombing followed by the invasion during the past three weeks with what prominent Israeli writer Gideon Levy called “a brutal and violent operation…far beyond what was needed for protecting the people in its south.” Mr. Levy observed what the president of the United Nations General Assembly, Miguel d’Escoto Brockmann called a war against “a helpless and defenseless imprisoned population.”

The horror of being trapped from fleeing the torrent of the most modern weapons of war from the land, air and seas is reflected in this passage from Amira Hass, writing in the leading Israeli newspaper Haaretz:

The earth shaking under your feet, clouds of choking smoke, explosions like a fireworks display, bombs bursting into all-consuming flames that cannot be extinguished with water, mushroom clouds of pinkish-red smoke, suffocating gas, harsh burns on the skin, extraordinary maimed live and dead bodies.
Ms. Hass is pointing to the use of new anti-civilian weapons used on the Gazan people. So far there have been over 1100 fatalities, many thousands of injuries and the destruction of homes, schools, mosques, hospitals, pharmacies, granaries, farmer’s fields and many critical public facilities. The clearly marked UN headquarters and UN school were smashed, along with stored medicines and food supplies.

Why? The Congressional response: “Hamas terrorists” everywhere. Sure, defending their Palestinian families is called terrorism. The truth is there is no Hamas army, airforce and navy up against the fourth most powerful military in the world. As one Israeli gunner on an armored personnel carrier frankly said to The New York Times: “They are villagers with guns. They don’t even aim when they shoot.”

Injured Gazans are dying in damaged hospital corridors, bleeding to death because rescuers are not permitted to reach them or are endangered themselves. Thousands of units of blood donated by Jordanians are stopped by the Israeli blockade. Israel has kept the international press out of the Gazan killing fields.

What is going on in Gaza is what Bill Moyers called it earlier this month – “state terrorism.” Already about 400 children are known to have died. More will be added who are under the rubble.

Since 2002, more than 50 Arab and Muslim nations have had a standing offer, repeated often, that if Israel obeys several UN resolutions and withdraws to the 1967 borders leaving 22 percent of the original Palestine for an independent Palestinian state, they will open full diplomatic relations and there will be peace. Israel has declined to accept this offer.

None of these and many other aspects of this conflict matter to the Congress. Its members do not want to hear even from the Israeli peace movement, composed of retired generals, security chiefs, mayors, former government ministers, and members of the Knesset. In 60 years these savvy peace advocates have not been able to give one hour of testimony before a Congressional Committee.

Maybe members of Congress may wish to weigh the words of the founder of Israel, David Ben-Gurion, years ago when he said: “There has been anti-Semitism, the Nazis, Hitler, Auschwitz but was that their [the Palestinian’s] fault? They only see one thing: We have come here and stolen their country.”

Doesn’t that observation invite some compassion for the Palestinian people and their right to be free of Israeli occupation, land and water grabs and blockades in the 22 percent left of Palestine?

16 January 2009

Kucinich on the Destruction of the UN Headquarters in Gaza

Washington, Jan 15

Congressman Dennis Kucinich (D-OH) today made the following statement about the ongoing humanitarian crisis in Gaza on the House Floor:

The attack on the United Nations headquarters in Gaza is further proof that a post-legal era in world affairs has taken shape; where law and moral principles are irrelevant, where might makes right, where retribution and vengeance, even against innocent children, fails to shake us from moral lethargy or political paralysis.

Collective punishment, disproportionate use of force, using U.S. planes, helicopters and munitions to attack a wounded, starved and thirsty civilian population of mostly children trapped in a box called Gaza has become acceptable, perhaps because we have already accepted the deaths of over one million innocent civilians in Iraq in a war based on lies.

There is a way out. We must ask those who were given our armaments for defense to stop the aggression, end the blockade, end the occupation, and reconnect with the high sentiments that rallied their own suffering, wounded people to nationhood generations ago. When we recognize the humanitarian disaster in Gaza, when we come to grips with the reality of suffering on both sides, we may yet find a way to save ourselves.

Chomsky On Obama's Foreign Policy, 1.13.09

A recent interview; blurb:

CSU Northridge Student Julia Riber Pitt conducted an interview with Prof. Noam Chomsky, about the likely direction of Obama's foreign policy. It took place on 1.13.09 in his office at MIT, Cambridge, MA.

Recorded and edited by Charngchi Way.



Here's the Wall Street Journal article on Rahm Emanuel to which Chomsky refers. Key quote:

An Obama administration could very well be planning to govern from the center. But there's still the reality of the Democratic congressional leadership, which is brimming with left-wing barons who have their own agenda.

Barney Frank wants to slash Defense spending by 25%. Charles Rangel wants to bring back the draft. John Conyers, who has called for slavery reparations, is also sympathetic to Europeans who want to indict Bush administration officials for war crimes. And Henry Waxman is angling for steep energy taxes to combat global warming.

The question is whether these veteran lawmakers will simply steam roll the new White House occupant, the way previous liberal majorities in Congress had their way with Presidents Carter and Clinton.

"Barack Obama can stand up to them," countered Mr. Emanuel. He started to defend a couple of his colleagues -- "Charlie Rangel also supports reducing the corporate tax rate, and go ask corporate America how pragmatic Barney Frank has been during the financial crisis" -- but then he paused. At first, I thought it was because Mr. Emanuel had run out of examples, but it turned out that he wanted to make a larger point.

"Let me say this as to my colleagues," he began. "Although committed to their philosophy, they are incredibly pragmatic. They have lived through an experience in the minority. And they know how they got to be in the minority. And they know one very important political principle. They know that if President-elect Obama succeeds, all of us succeed. And if he doesn't succeed, his failures won't be limited to him."

Mr. Emanuel avoided the word "mandate," but the future White House chief of staff said that the future president has been given "clear directions by the country to change policies in Washington -- to change a health-care policy that is bankrupting the family budget as much as the federal budget, and to change an energy policy that has us exporting $700 billion of our wealth to countries overseas."

Mr. Emanuel said that the best way for Democrats to avoid overreach in the next two years is by thinking "less ideologically and more in terms of future versus past." You have to "constantly be turning over the intellectual topsoil in order to stay fresh," he said. "The economy demands it. The political system demands it. The country doesn't want divided government. It wants progress."

Israel’s Message, Ilan Pappe, LRB

In 2004, the Israeli army began building a dummy Arab city in the Negev desert. It’s the size of a real city, with streets (all of them given names), mosques, public buildings and cars. Built at a cost of $45 million, this phantom city became a dummy Gaza in the winter of 2006, after Hizbullah fought Israel to a draw in the north, so that the IDF could prepare to fight a ‘better war’ against Hamas in the south.

When the Israeli Chief of General Staff Dan Halutz visited the site after the Lebanon war, he told the press that soldiers ‘were preparing for the scenario that will unfold in the dense neighbourhood of Gaza City’. A week into the bombardment of Gaza, Ehud Barak attended a rehearsal for the ground war. Foreign television crews filmed him as he watched ground troops conquer the dummy city, storming the empty houses and no doubt killing the ‘terrorists’ hiding in them.

‘Gaza is the problem,’ Levy Eshkol, then prime minister of Israel, said in June 1967. ‘I was there in 1956 and saw venomous snakes walking in the street. We should settle some of them in the Sinai, and hopefully the others will immigrate.’ Eshkol was discussing the fate of the newly occupied territories: he and his cabinet wanted the Gaza Strip, but not the people living in it.

Israelis often refer to Gaza as ‘Me’arat Nachashim’, a snake pit. Before the first intifada, when the Strip provided Tel Aviv with people to wash their dishes and clean their streets, Gazans were depicted more humanely. The ‘honeymoon’ ended during their first intifada, after a series of incidents in which a few of these employees stabbed their employers. The religious fervour that was said to have inspired these isolated attacks generated a wave of Islamophobic feeling in Israel, which led to the first enclosure of Gaza and the construction of an electric fence around it. Even after the 1993 Oslo Accords, Gaza remained sealed off from Israel, and was used merely as a pool of cheap labour; throughout the 1990s, ‘peace’ for Gaza meant its gradual transformation into a ghetto.

In 2000, Doron Almog, then the chief of the southern command, began policing the boundaries of Gaza: ‘We established observation points equipped with the best technology and our troops were allowed to fire at anyone reaching the fence at a distance of six kilometres,’ he boasted, suggesting that a similar policy be adopted for the West Bank. In the last two years alone, a hundred Palestinians have been killed by soldiers merely for getting too close to the fences. From 2000 until the current war broke out, Israeli forces killed three thousand Palestinians (634 children among them) in Gaza.

Between 1967 and 2005, Gaza’s land and water were plundered by Jewish settlers in Gush Katif at the expense of the local population. The price of peace and security for the Palestinians there was to give themselves up to imprisonment and colonisation. Since 2000, Gazans have chosen instead to resist in greater numbers and with greater force. It was not the kind of resistance the West approves of: it was Islamic and military. Its hallmark was the use of primitive Qassam rockets, which at first were fired mainly at the settlers in Katif. The presence of the settlers, however, made it hard for the Israeli army to retaliate with the brutality it uses against purely Palestinian targets. So the settlers were removed, not as part of a unilateral peace process as many argued at the time (to the point of suggesting that Ariel Sharon be awarded the Nobel peace prize), but rather to facilitate any subsequent military action against the Gaza Strip and to consolidate control of the West Bank.

After the disengagement from Gaza, Hamas took over, first in democratic elections, then in a pre-emptive coup staged to avert an American-backed takeover by Fatah. Meanwhile, Israeli border guards continued to kill anyone who came too close, and an economic blockade was imposed on the Strip. Hamas retaliated by firing missiles at Sderot, giving Israel a pretext to use its air force, artillery and gunships. Israel claimed to be shooting at ‘the launching areas of the missiles’, but in practice this meant anywhere and everywhere in Gaza. The casualties were high: in 2007 alone three hundred people were killed in Gaza, dozens of them children.

Israel justifies its conduct in Gaza as a part of the fight against terrorism, although it has itself violated every international law of war. Palestinians, it seems, can have no place inside historical Palestine unless they are willing to live without basic civil and human rights. They can be either second-class citizens inside the state of Israel, or inmates in the mega-prisons of the West Bank and the Gaza Strip. If they resist they are likely to be imprisoned without trial, or killed. This is Israel’s message.

Resistance in Palestine has always been based in villages and towns; where else could it come from? That is why Palestinian cities, towns and villages, dummy or real, have been depicted ever since the 1936 Arab revolt as ‘enemy bases’ in military plans and orders. Any retaliation or punitive action is bound to target civilians, among whom there may be a handful of people who are involved in active resistance against Israel. Haifa was treated as an enemy base in 1948, as was Jenin in 2002; now Beit Hanoun, Rafah and Gaza are regarded that way. When you have the firepower, and no moral inhibitions against massacring civilians, you get the situation we are now witnessing in Gaza.

But it is not only in military discourse that Palestinians are dehumanised. A similar process is at work in Jewish civil society in Israel, and it explains the massive support there for the carnage in Gaza. Palestinians have been so dehumanised by Israeli Jews – whether politicians, soldiers or ordinary citizens – that killing them comes naturally, as did expelling them in 1948, or imprisoning them in the Occupied Territories. The current Western response indicates that its political leaders fail to see the direct connection between the Zionist dehumanisation of the Palestinians and Israel’s barbarous policies in Gaza. There is a grave danger that, at the conclusion of ‘Operation Cast Lead’, Gaza itself will resemble the ghost town in the Negev.

Ilan Pappe is chair of the history department at the University of Exeter and co-director of the Exeter Centre for Ethno-Political Studies. The Ethnic Cleansing of Palestine came out in 2007.

15 January 2009

Chris Hedges, The Language of Death

Posted on Jan 12, 2009

By Chris Hedges

The incursion into Gaza is not about destroying Hamas. It is not about stopping rocket fire into Israel. It is not about achieving peace. The Israeli decision to rain death and destruction on Gaza, to use the lethal weapons of the modern battlefield on a largely defenseless civilian population, is the final phase of the decades-long campaign to ethnically cleanse Palestinians. The assault on Gaza is about creating squalid, lawless and impoverished ghettos where life for Palestinians will be barely sustainable. It is about building ringed Palestinian enclaves where Israel will always have the ability to shut off movement, food, medicine and goods to perpetuate misery. The Israeli attack on Gaza is about building a hell on earth.

This attack is the final Israeli push to extinguish a Palestinian state and crush or expel the Palestinian people. The images of dead Palestinian children, lined up as if asleep on the floor of the main hospital in Gaza, are a metaphor for the future. Israel will, from now on, speak to the Palestinians in the language of death. And the language of death is all the Palestinians will be able to speak back. The slaughter—let’s stop pretending this is a war—is empowering an array of radical Islamists inside and outside of Gaza. It is ominously demolishing the shaky foundations of the corrupt secular Arab regimes on Israel’s borders, from Egypt to Jordan to Syria to Lebanon. It is about creating a new Middle East, one ruled by enraged Islamic radicals.

Hamas cannot lose this conflict. Militant movements feed off martyrs, and Israel is delivering the maimed and the dead by the truckload. Hamas fighters, armed with little more than light weapons, a few rockets and small mortars, are battling one of the most sophisticated military machines on the planet. And the determined resistance by these doomed fighters exposes, throughout the Arab world, the gutlessness of dictators like Egypt’s Hosni Mubarak, who refuses to open Egypt’s common border with Gaza despite the slaughter. Israel, when it bombed Lebanon two years ago, sought to destroy Hezbollah. By the time it withdrew it had swelled Hezbollah’s power base and handed it heroic status throughout the Arab world. Israel is now doing the same for Hamas.

The refusal by political leaders from Barack Obama to nearly every member of the U.S. Congress to speak out in the major media in defense of the rule of law and fundamental human rights exposes our cowardice and hypocrisy. Those who openly condemn the Israeli crimes, including Israelis such as Yuri Avnery, Tom Segev, Ilan Pappe, Gideon Levy and Amira Hass, as well as American stalwarts Noam Chomsky, Dennis Kucinich, Norman Finkelstein and Richard Falk, are ignored or treated like lepers. They are denied a platform in the press. They are rendered nearly voiceless. Falk, the U.N. special rapporteur for human rights in the occupied territories and a former professor of international law at Princeton, was refused entry into Israel in December, detained for 20 hours and deported. Never mind that nearly all these voices are Jewish.

I called Avnery at his home in Israel. He is Israel’s conscience. Avnery was born in Germany. He moved to Palestine as a young boy with his parents. He left school at the age of 14 and a year later joined the underground paramilitary group known as the Irgun. Four years afterward, disgusted with its use of violence, he walked away from the clandestine organization, which carried out armed attacks on British occupation authorities and Arabs. “You can’t talk to me about terrorism, I was a terrorist,” he says when confronted with his persistent calls for peace with the Palestinians. Avnery was a fighter in the Samson’s Foxes commando unit during the 1948 war. He wrote the elite unit’s anthem. He became, after the war, a force for left-wing politics in Israel and one of the country’s most prominent journalists, running the alternative HaOlam HaZeh magazine. He served in the Israeli Knesset. During the 1982 siege of Beirut he met, in open defiance of Israeli law, with PLO leader Yasser Arafat. He has joined Arab protesters in Israel the past few days and denounces what he calls Israel’s “instinct of using force” with the Palestinians and the “moral insanity” of the attack on Gaza. Avnery, now 85, was seriously wounded in an assassination attempt in 1975 by an Israeli opponent, and in 2006 the right-wing activist Baruch Marzel called on the Israeli military to carry out a targeted assassination of Avnery.

“The state of Israel, like any other state,” Avnery said, “cannot tolerate having its citizens shelled, bombed or rocketed, but there has been no thought as to how to solve the problem through political means or to analyze where this phenomenon has come from, what has caused it. Israelis, as a whole, cannot put themselves in the shoes of others. We are too self-centered. We cannot stand in the shoes of Palestinians or Arabs to ask how we would react in the same situation. Sometimes, very rarely, it happens. Years ago when Ehud Barak was asked how he would behave if were a Palestinian, he said, ‘I would join a terrorist organization.’ If you do not understand Hamas, if you do not understand why Hamas does what it does, if you don’t understand Palestinians, you take recourse in brute force.”

The public debate about the Gaza attack engages in the absurd pretense that it is Israel, not the Palestinians, whose security and dignity are being threatened. This blind defense of Israeli brutality toward the Palestinians betrays the memory of those killed in other genocides, from the Holocaust to Cambodia to Rwanda to Bosnia. The lesson of the Holocaust is not that Jews are special. It is not that Jews are unique. It is not that Jews are eternal victims. The lesson of the Holocaust is that when you have the capacity to halt genocide, and you do not—no matter who carries out that genocide or who it is directed against—you are culpable. And we are very culpable. The F-16 jet fighters, the Apache attack helicopters, the 250-pound “smart” GBU-39 bombs are all part of the annual $2.4 billion in military aid the U.S. gives to Israel. Palestinians are being slaughtered with American-made weapons. They are being slaughtered by an Israeli military we lavishly bankroll. But perhaps our callous indifference to human suffering is to be expected. We, after all, kill women and children on an even vaster scale in Iraq and Afghanistan. The bloody hands of Israel mirror our own.

There will be more dead Palestinian children. There will be more cases like that of the U.N. school, used as a sanctuary by terrified families, that was blown to bits by Israeli shells, with more than 40 killed, half of them women and children. There will be more emaciated, orphaned children. There will be more screaming or comatose wounded in the corridors of Gaza’s glutted hospital corridors. And there will be more absurd news reports, like the one on the front page of the Sunday New York Times, titled “A Gaza War Full of Traps and Trickery.” In this story, unnamed Israeli intelligence officials gave us a spin on the war worthy of the White House fabrications made on the eve of the Iraq war. We learned about the perfidious and dirty tactics of Hamas fighters. Foreign journalists, barred from Gaza and unable to check the veracity of the Israeli version of the war, have abandoned their trade as reporters to become stenographers. The cynicism of conveying propaganda as truth, as long as it is well sourced, is the poison of American journalism. If this is all journalism has become, if moral outrage, the courage to defy the powerful, the commitment to tell the truth and to give a voice to those who without us would have no voice, no longer matters, our journalism schools should focus exclusively on shorthand. It seems to be the skill most ardently coveted by most senior editors and news producers.

There have always been powerful Israeli leaders, since the inception of the state in 1948, who have called for the total physical removal of the Palestinians. The ethnic cleansing of some 800,000 Palestinians by Jewish militias in 1948 was, for them, only the start. But there were also a few Israeli leaders, including the assassinated Prime Minister Yitzhak Rabin, who argued that Israel could not pick itself up and move to another geographical spot on the globe. Israel, Rabin believed, would have to make peace with the Palestinians and its Arab neighbors to survive. Rabin’s vision of two states, however, appears to have died with him. The embrace of wholesale ethnic cleansing by the Israeli leadership and military now appears to be unquestioned.

“It seems,” the Israeli historian Ilan Pappe wrote recently, “that even the most horrendous crimes, such as the genocide in Gaza, are treated as discrete events, unconnected to anything that happened in the past and not associated with any ideology or system. ... Very much as the apartheid ideology explained the oppressive policies of the South African government, this ideology—in its most consensual and simplistic variety—has allowed all the Israeli governments in the past and the present to dehumanize the Palestinians wherever they are and strive to destroy them. The means altered from period to period, from location to location, as did the narrative covering up these atrocities. But there is a clear pattern [of genocide]. …”

Gaza has descended into chaos. Hamas, which despite Israeli propaganda has never mustered the sustained resistance Hezbollah carried out during the Israeli incursion into southern Lebanon, will be ruled in the future by antagonistic bands of warlords, clans and mafias. Gaza will resemble Somalia. And out of that power vacuum will rise a new generation of angry jihadists, many of whom may spurn Hamas for more radical organizations. Al-Qaida, which has been working to gain a foothold in Gaza, may now have found its opening.

“Hamas will win the war, no matter what happens,” Avnery said. “They will be considered by hundreds of millions of Arabs heroes who have recovered the dignity and pride of Arab nations. If at the end of the war they are still standing in Gaza this will be a huge victory for them, to hold out against this huge Israeli army and firepower will be an incredible achievement. They will gain even more than Hezbollah did during the last war.”

Israel operates under the illusion that it can crush Hamas and install a quisling Palestinian government in Gaza and the West Bank. This puppet government will be led, Israel believes, by the discredited Palestinian Authority leader Mahmoud Abbas, now cowering in the West Bank after being driven out of Gaza. Abbas, like most of the corrupt Fatah leadership, is a detested figure. He is dismissed as the Marshal Pétain of the Palestinian people, or perhaps the Hamid Karzai or the Nouri al-Maliki. He is as loathed as he is powerless.

Israel’s destruction of Hamas and reoccupation of Gaza will not bring peace or security to Israel. It will merely obliterate the only internal organization with enough stature and authority in Gaza to maintain order. The Israeli assault, by destroying Hamas as a governing force, has opened a Pandora’s box of ills. Life will become a nightmare for most Palestinians and, in the years ahead, for most Israelis.

Gaza: Use the Media to Spread the Word....

From the US Campaign to End the Occupation:



Letters to the Editor



Op Eds



Managing the Media



Talking Points

Life in Occupied Palestine: Eyewitness Stories and Photos

Anna Baltzer, Jewish American Columbia graduate, Fulbright scholar, author of Witness in Palestine, and the granddaughter of Holocaust survivors, shares her discovery of Israel's human rights violations in Palestine.

Web site: www.AnnaInTheMiddleEast.com
Produced: 2007

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Gaza is dying: Avaaz Petition

Dear friends,

Spread the word - as the awful Gaza death toll passes 1000, our Ceasefire Now petition is being delivered worldwide through ads, phone calls, and meetings with world leaders. We urgently need to reach 1 million signatures this week, act now and forward this email:

Gaza is dying -- the battle has moved deep into its cities, jam-packed with 1.5 million civilians lacking food, medicine or water. President Bush undermined Thursday's United Nations ceasefire resolution and over 1000 people are now dead. The borders remain closed -- journalists can't get in, and desperate civilians can't get out.

But the global movement to end this war is building -- as we spread the word the petition is at 430,000 signatures and rising, it has been delivered to top leaders at the EU, UN and Arab League, our US members are flooding their representatives with phone calls, and Avaaz members worldwide have donated over $120,000 to an ad campaign in key newspapers.

The pressure is working -- so we're ratcheting it up with hard-hitting US ads pressing Barack Obama personally for an immediate change of tack, face-to-face petition deliveries to European leaders this week to get them to act, and working with Palestinians and Israelis to plan bold actions on the ground. But every one of these actions becomes stronger as more of us join the campaign. We need to reach 1 million signatures this week -- thank you for signing the petition already, let's all of us now take a moment to forward this email to all our friends and family so they can join us and be heard:

http://www.avaaz.org/en/gaza_time_for_peace

[Here's the text of the petition:
Petition to the UN Security Council, the European Union, the Arab League and the USA:
We urge you to act immediately to ensure a comprehensive ceasefire in the Gaza Strip, to protect civilians on all sides, and to address the growing humanitarian crisis. Only through robust international action and oversight can the bloodshed be stopped, the Gaza crossings safely re-opened and real progress made toward a wider peace in 2009.
]
Voices for a ceasefire are finally being heard in the Israeli cabinet and media, Hamas is signalling it could accept a deal including Turkish forces and EU monitors, but the sides are too far apart to end this themselves.[3] That's why action by world powers is critical to break the deadlock -- and global citizens -- voices can make all the difference if we raise an unstoppable voice calling on incoming President Obama, the EU and Arab and Muslim states to guarantee a fair and lasting ceasefire.

This week we are lobbying European and Muslim states for a more effective international initiative to end the violence, protect civilians on all sides and make normal life possible again in Gaza, while reaching out to UN Secretary-General Ban Ki-Moon who is in the Middle East working for a deal (we met him last year to deliver our food crisis campaign). Meanwhile we're challenging contacts on both sides to think creatively and accept a fair, internationally-overseen agreement.

We've already run member-funded ads in the influential Washington Post and Roll Call, the US Congress newspaper -- on the day of his inauguration this coming Tuesday, we will press Barack Obama to abandon Bush's failed policies and act immediately to end this war, using his own words alongside hard facts to make the case in ads, US media debates and directly lobbying his team.

It's amazing what we can do when hundreds of thousands of us come together arond the world -- and if we raise our efforts to another level this week, we could help to finally end the Gaza horror. Follow the link below to take the first step by signing the petition, then spread the word so others can do the same:

http://www.avaaz.org/en/gaza_time_for_peace

With hope and determination,

Paul, Graziela, Alice, Ricken, Luis, Brett, Ben, Iain, Paula, Veronique, Milena and the whole Avaaz team

P.S. For a report on some of Avaaz's other campaigns so far, see: https://secure.avaaz.org/en/report_back_2

Sources:

1. "White House behind US volte-face on ceasefire call":
http://www.guardian.co.uk/world/2009/jan/09/gaza-us-security-council-abstention

"Israeli PM Ehud Olmert claims to be able to order Bush around":
http://www.juancole.com/2009/01/israeli-pm-ehud-olmert-claims-to-be.html

2. Washington Post: Israelis Push to Edge of Gaza City:
http://www.washingtonpost.com/wp-dyn/content/article/2009/01/11/AR2009011100616.html

3. Haaretz, "Olmert ignoring calls from Barak, Livni for immediate Gaza truce":
http://www.haaretz.com/hasen/spages/1055214.html

Other Voice - Sderot and Gaza residents calling for a ceasefire:
http://www.othervoice.org/welcome-eng.htm

On Hamas acceptance of a Turkish force, first reported in the Arabic Al-Hayat newspaper, see:
http://www.hurriyet.com.tr/english/domestic/10771766.asp?scr=1

"Gaza bloodshed continues despite UN calls for ceasefire", 9 January 2009:
http://www.guardian.co.uk/world/2009/jan/09/gaza-fighting-un-ceasefire

"Reigniting Violence: How Do Ceasefires End?" (6 January 2009) is a statistical analysis by an MIT professor, based on Israel's own data for rocket fire (which it shows stopped for four months) and on which side struck first. It provides useful factual background for how the Israel-Hamas truce effectively collapsed in November well before it expired (facts poorly reflected in some news reporting):
http://www.huffingtonpost.com/nancy-kanwisher/reigniting-violence-how-d_b_155611.html

International Crisis Group's Ending the War in Gaza report (5 January 2009):
http://www.crisisgroup.org/home/index.cfm?id=5838&l=1

This Rasmussen Reports poll from the US is of interest: Only 31% of Democrats support offensive, most prefer a diplomatic solution:
http://www.rasmussenreports.com/public_content/politics/general_politics/americans_closely_divided_over_israel_s_gaza_attacks

"Gaza: outlines of an endgame", Ghassan Khatib (6 January 2009)
http://www.opendemocracy.net/article/gaza-outlines-of-an-endgame

Jerusalem Post: "Israel must get out of Gaza now", 8 January 2009: http://www.jpost.com/servlet/Satellite?cid=1231167305710&pagename=JPost/JPArticle/ShowFull

Reuters: "Hamas seeks truce but says lifting siege a must" (5 January 2009) http://www.alertnet.org/thenews/newsdesk/L5111105.htm

The US Army War College has just released a substantial report supporting the view that Hamas can and must be brought into negotiations and is capable of sustaining a long-term truce, or even peace with Israel. Linked via:
http://ricks.foreignpolicy.com/node/10703

The inside story of the civil strife between Fatah and Hamas and the Bush administration's involvement in this debacle is best-told in The Gaza Bombshell, an investigative article published in the leading US magazine Vanity Fair in April 2008:
http://www.vanityfair.com/politics/features/2008/04/gaza200804

Prof. Noam Chomsky Speaks at the "Chomsky on Gaza" Public Forum

You can click the title of this post to listen; blurb follows:

Cambridge, MA - Prof. Noam Chomsky spoke to a capacity crowd of over 200 people yesterday at the Chomsky on Gaza Public Forum at the Wong Auditorium at MIT. The event was sponsored by the MIT Center for International Studies and its Program on Human Rights and Justice.

The accompanying 1 hour 52 minute audio recording can be downloaded from the Sound Lantern audio service in the free software Ogg Vorbis format. Download the free software VLC Player to play Ogg Vorbis files on your own computer.

NOTE: The timer on the Sound Lantern player is incorrect. The entire 1 hour 52 minute event is here in its entirety despite the player indicating that the recording is only 52 minutes in length.

Here's the press release Chomsky refers to on the water situation in Gaza.

Update: Here's a video of the event.

14 January 2009

Israeli intel targets Israeli protesters

Something truly "transformative"...

From the true patriots at ArrestBush2009.com:

13 January 2009

George Soros on The New Paradigm for Financial Markets

Let's see what he has to say; probably interesting, might even be accurate and helpful.

American Jews for a Just Peace -- Boston

This is a new organization (founded September, 2008) that has the right idea. Click the title to this post to learn more.

Also, click here to sign their petition to Israeli soldiers re: Gaza, reprinted below:

Open Letter to Israeli Soldiers

Introduction

If you are Jewish, please sign the following statement, which we hope to be able to publish soon in Israeli newspapers. Donations to help pay for publication can be sent via PayPal by clicking here.

We encourage organizations to sign by sending us email.

Jews call on Israeli soldiers to stop war crimes

We Jews in the international community call upon Israeli soldiers to raise the Black Flag of Illegality over the operations against the people of Gaza.

We refuse to remain silent while Israeli leaders force Israeli soldiers to commit war crimes: crimes against humanity for which they will one day be called to account. Israeli soldiers of conscience can, and must, stop this dangerous, illegal, and immoral war.

This criminal activity does nothing to advance the health and welfare of Jews. Rather, from Sderot to Sydney, from Ashkelon to Amsterdam, we will all benefit when there is justice for Palestinians.

Therefore, we call on you to use all measures possible to stop these atrocities against the Palestinian people. Flagrantly illegal orders must not simply be disobeyed, but actively and effectively opposed.

We members of the international Jewish community call on you, the Israeli soldiers of conscience, to halt the Israeli war machine, which only you can, and must, do.

Signed, (Add your name)

I'm not completely comfortable with the ethnic self-interest argument above, but it's designed to appeal to the best in less cosmopolitan Jews, I imagine.

Pro-Israel Rally For Attacking Gaza, NYC, 1-11-09, Max Blumenthal

Just in case you thought all Jews are smart, this ought to disabuse you of that frankly racist notion (held by many Jews, of course!):


Luckily, there is another opinion in the American Jewish community:


12 January 2009

1996 Brazilian Interview with the Chomster

Don't worry, he responds in English. The questions are in Portuguese, but you can kinda figure it out.

Glenn Greenwald: Obama's allegedly "new" centrism and his ABC interview today

The central tenets of the Beltway religion -- particularly when a Democrat is in the White House -- have long been "centrism" and "bipartisanship." The only good Democrats are the ones who scorn their "left-wing" base while embracing Republicans. In Beltway lingo, that's what "pragmatism" and good "post-partisanship" mean: a Democrat whose primary goal is to prove he's not one of those leftists. The Washington Post's David Ignatius today lavishes praise on Barack Obama for his allegiance to these Beltway pieties -- and actually seems to believe that there is something new and innovative about this approach:

The impatient freshman senator is about to become president, but he hasn't lost his distaste for Washington politics as usual. And as the inauguration approaches, Obama is doing something quite remarkable: Rather than settling into the normal partisan governing stance, he is breaking with it -- moving toward the center in a way that upsets some of his liberal allies but offers the promise of broad national support.

Obama talked during the campaign about creating a new kind of post-partisan politics -- and dissolving the country's cultural and racial and ideological boundaries. Given Obama's limited record as a centrist politician, it was hard to know if he really meant it. . . .

It turns out that Obama was serious. Since Election Day, he has taken a series of steps to co-opt his opponents and fashion a new governing majority. It's an admirable strategy but also a high-risk one, since the "center," however attractive it may be in principle, is often a nebulous political never-never land.

Whatever else one might want to say about this "centrist" approach, the absolute last thing one can say about it is that there's anything "new" or "remarkable" about it. The notion that Democrats must spurn their left-wing base and move to the "non-ideological" center is the most conventional of conventional Beltway wisdom (which is why Ignatius, the most conventional of Beltway pundits, is preaching it). That's how Democrats earn their Seriousness credentials, and it's been that way for decades.

Several weeks ago, I documented that this was the exact approach that fueled Bill Clinton's candidacy and the Clinton Presidency. That's what Clinton's widely-celebrated Sister Souljah moment and his Dick-Morris-designed "triangulation" were all about: "moving toward the center in a way that upsets some of his liberal allies," as Ignatius put it today as though it's some brand new Obama invention. Clinton's approach even resulted in his own GOP Defense Secretary. And, during the Bush era of the last eight years, moving to the Center and spurning their base was about the only "principle" that ever animated Congressional Democrats.

That's why it's been so bizarre listening to Beltway pundits, along with some of the hardest-core Obama followers, acting as though they've discovered some brand new exotic elixir -- the most important discovery since the Fountain of Youth -- with all of these tired buzzphrases about centrism, post-partisan transcendence, and "competence over ideology." These are the same things Democrats have been saying and doing since the early 1980s. This is from some random, typical 1998 Democratic Leadership Council document about "The Third Way":

The Democratic Leadership Council, and its affiliated think tank the Progressive Policy Institute, have been catalysts for modernizing politics and government. From their political analysis and policy innovations has emerged a progressive alternative to the worn-out dogmas of traditional liberalism and conservatism. . . .

The Third Way philosophy seeks to adapt enduring progressive values to the new challenges of the information age. It rests on three cornerstones: the idea that government should promote equal opportunity for all while granting special privilege for none; an ethic of mutual responsibility that equally rejects the politics of entitlement and the politics of social abandonment; and, a new approach to governing that empowers citizens to act for themselves.

"The worn-out dogmas of traditional liberalism and conservatism." And even before Clinton and the DLC, here was the centerpiece of Michael Dukakis' 1988 Democratic Convention acceptance speech:

It’s time to understand that the greatest threat to our national security in this hemisphere is not the Sandinistas—it’s the avalanche of drugs that is pouring into this country and poisoning our children.

I don’t think I have to tell any of you how much we Americans expect of ourselves or how much we have a right to expect from those we elect to public office.

Because this election isn’t about ideology. It’s about competence. It’s not about overthrowing governments in Central America. It’s about creating good jobs in middle America.

It’s not about insider trading on Wall Street; it’s about creating opportunity on Main Street.

"This election isn’t about ideology. It’s about competence." That was Michael Dukakis' battle-cry more than 20 years ago in order to prove that he wasn't beholden to those dreaded leftist ideologues in his party, that he was instead devoted to pragmatic solutions, to "whatever works." Yet Beltway centrist fetishists like Ignatius and some Obama supporters genuflect to those clichés -- Competence, Not Ideology! -- as though they're some kind of revolutionary, transformative dogma that the world has never heard before and that therefore serves as an all-purpose justifying instrument for whatever Obama does.

The mere fact that these ideas aren't remotely new doesn't prove that they're wrong. Old ideas can be valid. And it may be that Obama, once he's inaugurated, will do other things differently (Andrew Sullivan and Greg Sargent, in response to my last post on this topic, both described what they think will be new about Obama's approach). It's also possible that Obama's undeniable political talent, or the shifting political mindset of the country, will mean that Obama will succeed politically more than anyone else has in implementing these approaches.

But whatever else is true, what Ignatius and others are celebrating as "remarkable" -- that a national Democratic politician is alienating "the Left" and embracing the center-right in the name of transcending ideological and partisan conflicts -- is about the least new dynamic that one can imagine. That's what the most trite Beltway mavens -- from David Broder and Mickey Kaus to Joe Klein and The New Republic -- have been demanding since forever, and it's what Democratic leaders have done for as long as one can remember.

* * * * *

I've been saying since the election that it makes little sense to try to guess what Obama is going to do until he actually does it. That's especially true now, since we'll all have the actual evidence very shortly, and trying to speculate by divining the predictive meaning of his appointments or prior statements seems fruitless. Moreover, anonymous reports about what Obama is "likely" to do are particularly unreliable. I still believe that, but Obama's interview today with George Stephanopoulos provides the most compelling -- and most alarming -- evidence yet that all of the "centrist" and "post-partisan" chatter from Obama's supporters will mean what it typically means: devotion, first and foremost, to perpetuating rather than challenging how the Washington establishment functions.

As Talk Left's Jeralyn Merritt documents, Obama today rather clearly stated that he will not close Guantanamo in the first 100 days of his presidency. He recited the standard Jack Goldsmith/Brookings Institution condescending excuse that closing Guantanamo is "more difficult than people realize." Specifically, Obama argued, we cannot release detainees whom we're unable to convict in a court of law because the evidence against them is "tainted" as a result of our having tortured them, and therefore need some new system -- most likely a so-called new "national security court" -- that "relaxes" due process safeguards so that we can continue to imprison people indefinitely even though we're unable to obtain an actual conviction in an actual court of law.

Worst of all, Obama (in response to Stephanopoulos' asking him about the number one highest-voted question on Change.gov, first submitted by Bob Fertik) all but said that he does not want to pursue prosecutions for high-level lawbreakers in the Bush administration, twice repeating the standard Beltway mantra that "we need to look forward as opposed to looking backwards" and "my instinct is for us to focus on how do we make sure that moving forward we are doing the right thing." Obama didn't categorically rule out prosecutions -- he paid passing lip service to the pretty idea that "nobody is above the law," implied Eric Holder would have some role in making these decisions, and said "we're going to be looking at past practices" -- but he clearly intended to convey his emphatic view that he opposes "past-looking" investigations. In the U.S., high political officials aren't investigated, let alone held accountable, for lawbreaking, and that is rather clearly something Obama has no intention of changing.

In fairness, Obama has long made clear that this is the approach he intends to take to governing. After all, this is someone who, upon arriving in the Senate, sought out Joe Lieberman as his mentor, supported Lieberman over Ned Lamont in the primary, campaigned for Blue Dogs against progressive challengers, and has long paid homage to the Beltway centrism and post-partisan religion. And you can't very well place someone in a high-ranking position who explicitly advocates rendition and enhanced interrogation tactics and then simultaneously lead the way in criminally investigating those who authorized those same tactics.

So Obama can't be fairly criticized for hiding his devotion to this approach. But whatever else one wants to say about it, one cannot call it "new." This is what Democrats have been told for decades they must do and they've spent decades enthusiastically complying.

UPDATE: Let's emphasize what Obama is actually saying about why he can't close Guantanamo right away. Here is his answer when asked if he'd close Guantanamo in the first 100 days:

It is more difficult than I think a lot of people realize and we are going to get it done but part of the challenge that you have is that you have a bunch of folks that have been detained, many of whom who may be very dangerous who have not been put on trial or have not gone through some adjudication. And some of the evidence against them may be tainted even though it's true. And so how to balance creating a process that adheres to rule of law, habeas corpus, basic principles of Anglo American legal system, by doing it in a way that doesn't result in releasing people who are intent on blowing us up.

What he's saying is quite clear. There are detainees who the U.S. may not be able to convict in a court of law. Why not? Because the evidence that we believe establishes their guilt was obtained by torture, and it is therefore likely inadmissible in our courts (torture-obtained evidence is inadmissible in all courts in the civilized world; one might say it's a defining attribute of being civilized). But Obama wants to detain them anyway -- even though we can't convict them of anything in our courts of law. So before he can close Guantanamo, he wants a new, special court to be created -- presumably by an act of Congress -- where evidence obtained by torture (confessions and the like) can be used to justify someone's detention and where, presumably, other safeguards are abolished. That's what he means when he refers to "creating a process."

Amazingly, when discussing the same topic, Obama vowed that "we will send a message to the world that we are serious about our values." How? By creating a new court just for accused Islamic radicals that allows us to use confessions and other evidence that we obtained through torture? That sounds like exactly the same "message about our values" that we've been sending.

UPDATE II: Regarding Obama's apparent desire to have a new process created where torture-obtained evidence can be used (and/or where the standards of proof are lowered), the U.S. Supreme Court, in the 1935 case of Brown v. Mississippi, addressed the question of whether the U.S. Constitution allowed the State of Mississippi to use a confession obtained by beatings and other forms of coercion to convict African-American defendants of murder (h/t lennonist). The Court invalidated the convictions because they were secured by coerced confessions and said (emphasis added):

In Fisher v. State, 145 Miss. 116, 134, 110 So. 361, 365, the court said: 'Coercing the supposed state's criminals into confessions and using such confessions so coerced from them against them in trials has been the curse of all countries. It was the chief iniquity, the crowning infamy of the Star Chamber, and the Inquisition, and other similar institutions. The Constitution recognized the evils that lay behind these practices and prohibited them in this country. . . . The duty of maintaining constitutional rights of a person on trial for his life rises above mere rules of procedure, and wherever the court is clearly satisfied that such violations exist, it will refuse to sanction such violations and will apply the corrective.'

There's absolutely no good reason for Obama not to close Guantanamo immediately and simply try the detainees in our already-extant courts of law. That's how we've convicted all sorts of accused terrorists in the past. The only reason not to do so is a desire to disregard -- violate -- these long-standing American principles and instead create a new process that allows torture-obtained evidence to be used.

UPDATE III: Read Digby on this same issue. She focuses on the cover story in this week's Newsweek by supreme torture apologist Stuart Taylor and Evan Thomas, which argues that Obama is going to have to be like Dick Cheney if he wants to keep us all safe. It urges that "the new crowd would do well to listen to Jack Goldsmith, formerly a Bush Justice Department official." The Newsweek cover touts the article with this caption: "What Would Dick Do?" That's the new motto that the Beltway has for instructing Obama as to what he must ask if he is to keep us safe (h/t sysprog):

That's Beltway centrism: Obama must ask "What Would Dick Do"? It's not only, as I said above, among the oldest and most tired platitudes in Washington. It's also as far from being "non-ideological" as it gets.

UPDATE IV: The ACLU's Jameel Jaffer and Ben Wizner, in an excellent Salon article last month, addressed exactly the argument made today by Obama when, last month, it was advanced by the Brookings Institution's Benjamin Wittes: namely, that because evidence against Guantanamo detainees (such as alleged 20th hijacker Mohamed Al Qahtani) is "tainted" because it was obtained by torture, we must now change the rules of our legal system -- or create a new court -- to allow its use:

In short, Qahtani was a victim of what the United States once undoubtedly would have prosecuted as war crimes -- the distinction being that in this instance, those crimes were authorized by the secretary of defense and implemented by Guantánamo's commanding general. . . .

Assuming, as Wittes does, that there is no evidence of Qahtani's involvement in criminal conduct that is untainted by the government's criminal conduct toward him -- something that is by no means clear -- his case squarely presents the question whether we are prepared to change our laws in order to avoid the consequences of the Bush administration's criminal embrace of torture. Wittes' argument can be summarized succinctly as follows: 1) We brutally tortured Qahtani; 2) thus, our evidence of his criminality is "tainted," rendering his prosecution impracticable; 3) therefore, we must amend our laws to allow for Qahtani's indefinite detention without charge or trial. Thus does the Bush administration's catastrophic insistence that an entirely new legal regime was necessary become, in the hands of a liberal scholar, a self-fulfilling prophecy. . . .

But perhaps the most salient flaw in the current crop of detention proposals is that they are solutions in search of a problem. The class of people who cannot be prosecuted but are too dangerous to let go is either very small or nonexistent. To the extent that it exists at all, it is a class that was created by the administration's torture policies. To build a system of detention without trial in order to accommodate those torture policies would be a legal and moral catastrophe, a mistake of historic proportions.

How an Obama administration chooses to tackle these issues will determine, in large part, the legal legacy of the last eight years. Even the clearest renunciation of torture will be an empty gesture if we simultaneously construct a new detention regime meant to permit prosecutors to rely on torture's fruits. That our justice system prohibits the imprisonment of human beings on the basis of evidence that was beaten, burned, frozen or drowned out of them is evidence of its strength, not its weakness. It is why we call it a "justice system" in the first place.

It is possible, though unlikely, that one consequence of the Bush administration's criminal embrace of torture is that the United States will be compelled to release an individual who might otherwise have been prosecutable for terrorism. Were this to occur, it would not be the first time that our commitment to the rule of law has required that we let a potentially dangerous person walk free. We can accept this risk as an inherent cost of freedom, or we can diminish that freedom in a misguided -- and shortsighted -- attempt to reduce that risk. The choice we make will not determine the nation's survival. It will, however, shape its identity.

Creating a new and separate justice system designed to accommodate the Bush administration's torture regime, as Jaffer and Wizner compellingly argue, would be to undermine every goal Obama claimed he intended to achieve in this area.

11 January 2009

Moloch's Altar: Child Sacrifice and the War on Terror, Chris Floyd

Glenn Greenwald on Gaza and Elite American Views

Both parties cheerlead still more loudly for Israel's war

Bill Moyers on Israel/Gaza