Disobey
22 November 2009 at 7:35
Archive
Posts Tagged ‘war crimes’
Into the dustbin of history
22 April 2009 at 10:53
Jim Manzi steps off The Corner and says something truly original about the “effectiveness” debate, an evolutionary argument way smarter than the kind of evidence-free, Saddam-has-WMDs ranting one usually hears in that blighted neighborhood:
Let’s assume arguendo that torture works in the tactical sense that I believe has been used so far in this debate; that is, that one can gain useful information reliably in at least some subset of situations through torture that could not otherwise be obtained. Further, assume that we don’t care about morality per se, only winning: defeating our enemies militarily, and achieving a materially advantaged life for the citizens of the United States. It seems to me that the real question is whether torture works strategically; that is, is the U.S. better able to achieve these objectives by conducting systematic torture as a matter of policy, or by refusing to do this? Given that human society is complex, it’s not clear that tactical efficacy implies strategic efficacy.
When you ask the question this way, one obvious point stands out: we keep beating the torturing nations. The regimes in the modern world that have used systematic torture and directly threatened the survival of the United States — Nazi Germany, WWII-era Japan, and the Soviet Union — have been annihilated, while we are the world’s leading nation. The list of other torturing nations governed by regimes that would like to do us serious harm, but lack the capacity for this kind of challenge because they are economically underdeveloped (an interesting observation in itself), are not places that most people reading this blog would ever want to live as a typical resident. They have won no competition worth winning. The classically liberal nations of Western Europe, North America, and the Pacific that led the move away from systematic government-sponsored torture are the world’s winners.
Now, correlation is not causality. Said differently, we might have done even better in WWII and the Cold War had we also engaged in systematic torture as a matter of policy. Further, one could argue that the world is different now: that because of the nature of our enemies, or because of technological developments or whatever, that torture is now strategically advantageous. But I think the burden of proof is on those who would make these arguments, given that they call for overturning what has been an important element of American identity for so many years and through so many conflicts.
Could it be that when Darwinian competition occurs at the level of national systems, “survival of the fittest” means “survival of the most civilized”?
Dismantling the torture state
23 January 2009 at 0:18
From yesterday’s executive order on interrogations:
From this day forward, unless the Attorney General with appropriate consultation provides further guidance, officers, employees, and other agents of the United States Government may, in conducting interrogations, act in reliance upon Army Field Manual 2-22.3, but may not, in conducting interrogations, rely upon any interpretation of the law governing interrogation — including interpretations of Federal criminal laws, the Convention Against Torture, Common Article 3, Army Field Manual 2-22.3, and its predecessor document, Army Field Manual 34-52 — issued by the Department of Justice between September 11, 2001, and January 20, 2009.
With a stroke of the pen (and a whole lotta commas), Obama knocks down the Federalist Society’s entire pseudo-scholarly edifice, and fixes the beginning and end of the 2,688-day Lawless Interregnum.
Yet another peaceful transfer of power
19 January 2009 at 14:38
On Tuesday, the world will be watching as America celebrates a rite that goes to the heart of our greatness as a nation. For the forty-third time, we will execute the peaceful transfer of power from one President to the next.
That’s nice, I suppose.
But I was really, really hoping for war crimes trials.
zzz
Hamas projected to win Israel elections
30 December 2008 at 20:34
In this morning’s Washington Post, Daoud Kuttab describes how the Israeli airstrikes in Gaza have succeeded in rescuing Hamas from the political wilderness:
The lack of international support since the 2006 elections, followed by this rebuff to Gaza’s only Arab neighbor, Egypt, compounded the deterioration of Hamas’s internal support. By November, the survey showed, only 16.6 percent of Palestinians supported Hamas, compared with nearly 40 percent favoring Fatah. The decline in support for Hamas has been steady: A year earlier, the same pollster showed that Hamas’s support was at 19.7 percent; in August 2007, it was at 21.6 percent; in March 2007, it was at 25.2 percent; and in September 2006, backing for the Islamists stood at 29.7 percent.
While it is not apparent how this violent confrontation will end, it is abundantly clear that the Islamic Hamas movement has been brought back from near political defeat while moderate Arab leaders have been forced to back away from their support for any reconciliation with Israel.
That’s why, as the six-month cease-fire with Israel came to an end, Hamas calculated — it seems correctly — that it had nothing to gain by continuing the truce; if it had, its credentials as a resistance movement would have been no different from those of Mahmoud Abbas’s Fatah. Unable to secure an open border and an end to the Israeli siege, while refusing to share or give up power to Abbas, Hamas could have had no route to renewed public favor.
For different reasons, Hamas and Israel both gave up on the cease-fire, preferring instead to climb over corpses to reach their political goals. One side wants to resuscitate its public support by appearing to be a heroic resister, while the other, on the eve of elections, wants to show toughness to a public unhappy with the nuisance of the Qassam rockets.
The disproportionate and heavy-handed Israeli attacks on Gaza have been a bonanza for Hamas. The movement has renewed its standing in the Arab world, secured international favor further afield and succeeded in scuttling indirect Israeli-Syrian talks and direct Palestinian-Israeli negotiations. It has also greatly embarrassed Israel’s strongest Arab neighbors, Egypt and Jordan.
As cynical political calculations go, all of this is almost disappointingly obvious. The formerly ascendant parties, Hamas and Kadima, lose ground to their legacy rivals (Fatah and Likud, respectively). The cease-fire’s end and the approaching elections coincide, providing a campaign opportunity for both sides. Hamas offers a casus belli with rockets. Israel’s governing coalition returns the favor with a massive aerial bombardment, hoping to prove that Kadima’s Livni and Labor’s Barak can be just as mindlessly barbaric as Likud’s Netanyahu. Meanwhile, the collectively punished residents of Gaza rally around Hamas.
Hamas seems clearly the winner here, with things looking not so good for Kadima. I’m predicting a stalemate on the ground in Gaza followed by a narrow victory at the polls for Likud.
Lawyers, war criminals and the Federalist Society
15 December 2008 at 16:37
From the declassified summary of the Senate Armed Services Committee’s “Inquiry Into the Treatment of Detainees in U.S. Custody” —
The abuse of detainees in U.S. custody cannot simply be attributed to the actions of “a few bad apples” acting on their own. The fact is that senior officials in the United States government solicited information on how to use aggressive techniques, redefined the law to create the appearance of their legality, and authorized their use against detainees. Those efforts damaged our ability to collect accurate intelligence that could save lives, strengthened the hand of our enemies, and compromised our moral authority.
Someone remind me again why war crimes trials are a non-starter. And if so, why the Bush-Cheney gang can’t just be prosecuted for fraud, or for treason. Can’t we just sue John Yoo and Jay Bybee for malpractice and have them disbarred? Is that too much to ask?