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Obama's Torture Hangover
In 2003, at a meeting with a group of senior staff from the US judge advocate general's office (which deals with criminal trials of military personnel), I was told that as a result of decisions taken in the Bush White House, a long American tradition of compliance with the Geneva conventions had come to an end.
The consequences will be apparent soon enough, I was told. In April 2004, the first photographs of prisoner abuse in Iraq appeared in the New Yorker and on CBS's 60 Minutes. The Bush administration struggled to attribute the scenes of torture to a "few bad apples," but it quickly became plain that these photographs were the result of policy choices, and the abuses of Abu Ghraib were going on in Bagram, Guantánamo and unknown CIA "black sites" around the world. As classified administration documents began to leak, we soon learned that denigrating the Geneva conventions was a sort of sport for neocon lawyers – they were derided as "quaint" and "obsolete," and their protections of civilians amounted to "law in the service of terrorists".
Circumvention of the conventions was the leitmotiv of the Guantánamo detention facilities. Justice department memoranda noted the selection of the American enclave on Cuba was driven by its legal geography, right in the vortex of a black hole. But the supreme court put an end to these games by ruling, in Hamdan, that even if the prisoner of war protections of the Geneva conventions didn't apply, the protections of common article 3 – the so-called humanitarian baseline – did. The Bush administration had systematically violated them.
The supreme court ruling put the spotlight on the 1949 restatement of the Geneva conventions, whose 60th anniversary we mark today. While the Geneva convention process dates back to 1864, it emerged from the ashes of the second world war as a far more vigorous protector of the rights of civilians.
In the closing days of that war, legal scholars pulling together charges against Axis political leaders and commanders noted that many of the horrors of the conflict – the Nazi extermination camps, the forced movement of labourers, systematic persecution of Jews, Gypsies and other minorities – were not clear violations of the Geneva conventions. That led to broad recognition that the conventions were failing to adequately protect civilian populations in wartime. Common article 3 was the answer to this shortcoming: it established a sort of safety net of minimum rights that would be available to everyone, without regard to the technical character of the conflict. The Bush administration's efforts to evade the Geneva conventions stumbled on this very provision, which was the greatest achievement of the 1949 effort.
Barack Obama gained the presidency with promises to restore America's fidelity to international law. A lawyer and law professor, he attacked the Bush administration's legal shortcuts in the "war on terror" and made a pledge to close Guantánamo. Since his inauguration, he has offered lofty rhetoric and reiterated pledges to end the Guantánamo camps, forbid torture and end the process of "extraordinary" renditions involving black sites. But his actions fall remarkably short of his words.
Let's start with Guantánamo. Not only is it still in business, word is now spreading that the original one-year deadline for its closing can't be met. Obama has progressively embraced many of his predecessor's dubious ideas, including the notion that under the laws of war he was somehow entitled to detain any of the prisoners there indefinitely, without criminal charges.
Moreover, even the pledge to end torture at Gitmo has its exceptions. Force-feeding operations which have continued at the detention centre during the course of the Obama administration fail to conform to the standards of the Malta declaration, and they are apparently administered with such violence and brutality that one prisoner who was being force-fed died under unexplained circumstances. The Pentagon had hushed up all discussion about the case, and one official responsible for detainee affairs tells me "when the full story comes out, we won't look good". That is probably an understatement.
Even as Gitmo winds down, the US continues to operate large-scale detention facilities in Iraq, and it is actually ramping up its prison capacity in Afghanistan. While the conditions in those facilities have certainly improved since 2004, the long-term "security" detentions in these facilities cannot be squared with international law. The US should be doing what Geneva and other international law instruments expect – its foreign prisons must conform with the law of the host country, and prisoners held in them must have the rights that local laws and international agreements, including the Geneva conventions, guarantee them.
The Bush administration's attempted coup de grace to international humanitarian law came when former state department lawyer John Bellinger argued that the entirety of the convention against torture did not apply in wartime. As Condoleezza Rice's lawyer on the national security council, Bellinger played a role in the authorisation of waterboarding, so he clearly has a personal stake in the issue. He argued that the laws of armed conflict as lex specialis simply displaced human rights law, including the prohibition on torture. Obama has yet to discard this view, which is as essential a part of the Bush torture edifice as the notorious memoranda of justice department lawyers John Yoo, Jay Bybee and Steven Bradbury.
On the 60th anniversary of the rebirth of the Geneva conventions, there are some easy steps that President Obama could take to demonstrate that his administration takes its obligations under the conventions seriously. He could submit the two additional protocols to the Senate for ratification.
He could legalise his defence department's extraordinary detentions system. Or he could just give meaning to his repudiation of torture by ending force-feeding at Guantánamo and accepting that the ban on torture applies even in wartime. Any of these steps would at this point be more welcome that his wonderful – but increasingly unconvincing rhetoric. The Bush team dealt the Geneva conventions a grave wound. Healing that wound requires actions that give meaning to the Obama administration's words.
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28 Comments so far
Show AllScott Horton said it: Obama is all talk and no action. Enough said.
George Wanker Bush and Cheesedick Cheney were and are a couple of cowardly punks. Unable to capture or kill Osama bin Laden, gain a quick "victory" in Iraq or "defeat" terrorism, they took to pulling the wings off flies and putting cherry bombs down the entrance of ant colonies, i.e., torture. Corner either one of these pieces of human excrement in a dark alley and they'll crap their pants and begin crying.
Now we have Obama, a more "dignified" version of the same thing, but nonetheless, the same thing.
Nothin' better than a little hair o' the dog to deal with those hangover symptoms.
Hilarious..!
Horton sez: "Obama has progressively embraced many of his predecessor's dubious ideas ..."
***
"progressively embraced" !!
Adverb as oxymoron ... nice touch, Scott.
But, but but he has only had 6 months to undue all the mess from the previous nightmare administration! Give him a chance!
Where is the change? The change is for the worse. Bet Bush never counted on history redeeming him quite so fast as not-so-bad-in the comparison.
Who authorized/ordered the destruction of the interrogation videotapes, and did they get (destroy) them all?
These are very deep and troubling waters....
Who actually destroyed the tapes? Punishments all around....
Yes, the honeymoon is over. Holder restricting what his Special Prosecutor may examine show what a Kangaroo Court the whole thing is.
This is a depraved government and country.
In the third interview segment on Democracy Now today, Amy Goodman spoke with Jeff Sharlet about "The Family". This is one of the most revelatory examinations of the perversity which is now the core focus of the powerful in Washington.
Forget about notions of truth or justice. Forget about notions of two parties. These "devout" perverts who control our government will say and do anything for power. They believe that if you have power then it is the will of god. It doesn't matter to them if you torture. It doesn't matter to them if you don't have health care. It doesn't matter to them if you rot in a prison unconvicted. Apparently, if you are in a desperate situation, then that is where god put you.
The acquisition of power by whatever means necessary is their proof of grace.
Including Hillary Clinton, the SoS, is a member of the family...
They host the fascist Nat'l Prayer Breakfast each year for the last 70+ years...
They formed as a union busting organization in the 30's to fight communism for Jesus...
They give unlimited money and power to prop up brutal dictators like Suharto & Barre...
Who have killed millions of their own people...
Their compound is near the CIA headquarters in Virginia, and the CIA has been involved with arming and funding these fascist regimes over the last sixty years, like in Indonesia and Somalia and elsewhere...
WayneMadsenReport, ex-NSA whistleblower, blew open this story over three years ago...
It is good to see Democracy Now! Finally running this story....
Thank you Amy Goodman...!
Obama does this, and the far right says he is going soft. The choice in 2008 was not good versus bad, but bad versus worse.
When the lies came they came in the guise a teacher of law;oh how this teacher dazzled with the words on his prompter;he swayed the many and yet;yet did he dig his cesspool next to the one of the former tenant using the same tools but proclaiming his "change" with a sweeter smelling loo.Tony
None of these people has ever been tried or charged with anything, right?
They need to be set free.
Tricky question, quizmaster.
At first glance, it seemed you were asking about Cheneybush, Addington, Yoo, Bybee, et al.
They appear to be completely free (except, of course, for the exhorbitant speaking fees).
Until the sadistic scofflaws of the Bush administration are brought to justice in a real court of law this stigma will hang on every American president like a dead albatross.
Obligations? to whom?
Dont>Hold>Your>Breath>
At the end of July of this year a Federal judge ordered the release of Mohammad Jawad from Guantanamo prison. Jawad is an Afghan national captured in 2003. The judge ordered Jawad released because he was tortured, his testimony was coerced and therefore inadmissible.
The Afghan authorities claim that Jawad was 12 years old when he was captured, some dispute that, saying he was more like 14. Either way, he spent his youth, six and a half years, sitting in a cell and tortured by goons of the USA.
He's still there.
Those who question the sincerity of President Obama's
commitments should ponder his situation. He is vulnerable to the powerful cabals who have long dominated the national and
global stages.The military industrial complex is more powerful than ever. The energy crowd control governments, suppress any
challenge to their hegemony by any means necessary. He is a man on a tightrope, attempting valiantly to marshall the enlightened members of the global population in their
considerable numbers to support his initiatives. He has no
illusions about his fragility or about the ruthlessness of the
entrenched power elites. Let us pray for him.
as someone who does not believe in this "god" business..
about these cravenly ways - from bush and before to obama - i can only say:
"MY GOD!!"........
they are simply beyond comprehension on their cravenness and ability to have used all of history's greatest crimes and cruelties as ways to IMPROVE UPON the evil and debasedness .
it's as if all the separate evils ever perpetuated, invented, imagined and practiced by all the separate cultures in history -- from individual crimes to cruelties and crimes by nations and cultures ....
the United States of America has GATHERED them all, put them together like so much ingredients in one pot, stirred, and came up with a Witches' Brew to surpass all others....drinks it, and brandishes it as the mark of supremacy in evil beyond all others.
So his excuse is that he's lily-livered?
He went to enormous effort to get where he is. Do you honestly think he had no idea what he was getting into?
You imply that he's stupid, as well as chicken shit.
He's neither. Just crooked.
The sincerity of his commitments to what or whom?
Are we to believe that, given immense popular support for ending the wars, ending torture by US employees & affiliates, reinstating habeas corpus, greening the economy, and instituting universal single-payer healthcare, he not only cannot accomplish any one of these, but cannot work in the direction of any one?
No, 0's commitments are sincere enough: he serves the folks who purchased him.
Those loyal voters, that relatively cooperative population tired of being humiliated by Bushisms? They are the product he delivers by being suave and by being black, or sort of.
Oh please.
If he wasn't even going to try than what is the point?
Your assumption is that his intentions are honorable based on his posturing, but his actions belie that.
This is like the "we have to give him more time" excuse while he gets worse by the hour.
When Bush and 500 co-conspirators (including congresspersons who voted for Iraq and Afghanistan) hang at Nuremberg, I'll consider following laws I now break to my own advantage. Until then, I remain persuaded that the U.S. is a nation of men, not laws, and Obama stands only for the status quo and the plutocrats.
Those who dismiss Obama as insincere and an apologist for the
establishment must have never encountered the Washington environment, where the major players collide and collude, and
human life is cheap. Obama walks a tight rope. Any attempt to thwart the military industrial crowd, or the energy crowd, or the banking crowd, is a recipe for retaliatory countermeasures.
Let's wish him well in his Quixotic quest for attainment of his
clearly stated goals, impossible though they appear to achieve.
Your argument boils down to a plea for respectful tolerance of Obama due to the gravity of his situation: he is fundamentally a victim or captive of a ruthless state security apparatus allied with vested interests. You view Obama not as co-opted, but actually coerced.
You further impute to Obama a heroic desire to do good, and courage to persist as best he can as he slogs through this minefield of opposition.
You're trying to say that Obama isn't REALLY insincere and an apologist for the establishment-- he just needs to go along to get along because he's swimming with piraña. So to shallow or unsympathetic observers he sort of comes off as being insincere and an apologist.
This argument is self-nullifying. If one assumes that Obama privately believes in, say, the rule of law and civil liberties-- but in words and actions continues and expands his predecessor's illegal and anti-Constitutional policies because he must pacify his enemies-- that makes him "insincere" by definition, doesn't it? You're just offering a possible justification for his insincerity here.
Even if you're correct, and Obama privately believes one thing, but publicly advocates its opposite because he's in such a risky and vulnerable position, that's not a Profile in Courage.
That's at best a distinction without a difference.
I'm intrigued by your overall suggestion that we pity the poor Fool as he skips along the Yellow Brick Road on a doomed quest for Oz-- pardon the liberal paraphrase-- rather than censure him as the charlatan he's revealed himself to be.
That's your call, but there are a helluva lot of Munchkins feeling let down about now.
· Yr Obd't Servant
Excellent post...
Well said.