Archive for April 2012
“…this case directly raises the question of whether the judicial process can be fashioned into a political tool for use by powerful nations to remove democratically elected leaders of other nations that refuse to serve as their handmaidens and footstools.” 
Charles Taylor, the former president of Liberia, whose name may forevermore be associated with amputees, child soldiers and blood diamonds, was convicted last week on 11 counts of war crimes and crimes against humanity by an ad hoc tribunal financed by Western nations.
The US State Department hailed the convictions for “sending a strong message to all perpetrators of atrocities, including those in the highest positions of power, that they will be held accountable.”
Taylor was convicted by the Special Court for Sierra Leone on a long list of atrocities, including acts of terrorism; murder; rape; sexual slavery; outrages upon personal dignity; cruel treatment; inhumane acts; recruiting child soldiers; enslavement; and pillage.
With multiple convictions for atrocities of unspeakable infamy, the former Liberian leader must surely personify an evil whose depths few men have plumbed.
Except there’s a fatal flaw in this picture. Taylor committed none of the crimes for which he was convicted—a reality the Court freely acknowledges.
In its April 26 press release announcing Taylor’s convictions, the Court concedes that “the Prosecution had not alleged that Mr. Taylor had committed these crimes in person” but that he had “aided and abetted the rebels (the crimes’ perpetrators) by providing them with arms and ammunition, military personnel, operational support and moral support.” His support of the rebels, the Court concluded, made Taylor “individually responsible for their crimes.”
In other words, Taylor was convicted of doing what the president of the United States, the prime minister of Britain, and the president of France recently did in Libya: arming and supporting an atrocity-committing rebel group.
While we might quibble about whether the atrocities committed by the Libyan rebels were on a greater or lesser scale than those committed by the Taylor-backed rebels in Sierra Leone, there is no question that Nato’s rebels did indeed commit atrocities. According to Amnesty International, they “abducted, arbitrarily detained, tortured and killed” their way through the rebellion, while reducing the city of Sirte to rubble through indiscriminate shelling, a war crime.
In a world in which the rule of law was not simply the law of those who rule, the rebels would be charged with multiple counts of murder, acts of terrorism, outrages upon personal dignity, cruel treatment, and inhumane acts. And while these crimes were not committed personally by Obama, Cameron, and Sarkozy, or by lesser Nato leaders either, by the logic of the Special Court for Sierra Leone, they are all individually responsible for these crimes, for they aided and abetted the rebels, furnished them with arms and ammunition, gave them military personnel, provided operational support and supported them morally.
All the same, there will be no Special Court for Libya to prosecute the rebel’s backers, and neither will there be indictments against Obama, Cameron and Sarkozy by the International Criminal Court.
None of this will happen, not because Western leaders are innocent of these crimes, or of crimes on an even greater scale, but because they control the courts.
The function of international courts controlled by Western nations is not to deter atrocities, for atrocities committed in the service of Western imperialism are never prosecuted, but to deter military action against Western interests.
Indeed, Western-controlled tribunals are tools of regime-change. For example, in its quest to depose Syrian president Bashar Assad, “Washington hopes,” according to The New York Times, “to rely on sanctions; diplomatic pressure; increased engagement with the opposition…and the looming threat of prosecution—all tools at its disposal short of military intervention” for regime change. (My emphasis) 
The US State Department’s assurance that Taylor’s conviction will send a strong message to all perpetrators of atrocities, including those in the highest positions of power, that they will be held accountable, is sheer nonsense.
Nato’s leaders haven’t been held accountable for their atrocities in the courts they control, and won’t be, for obvious reasons.
But they will be held accountable ultimately by their victims, and by the people whose sweat they’ve plundered to pay for their crimes—you and me.
Taylor’s crime was that he backed the wrong side. Had he funnelled arms, military support, operational support and moral support to rebels who worked to advance the project of Western imperialism, as say Qatari leader Sheik Hamad bin Khalifa Al Thani’s did in Libya, he would have been feted by the US State Department as a great ally, a champion of freedom.
Instead, Taylor crossed the line of imperial subservience, and for this will bear a reputation for infamy.
1. Closing statement of the defense, quoted in Courtenay Griffiths QC, “The Politics of International Criminal Law”, New African, March 2012
2. Neil MacFarquhar, “Cease-fire in Syria exposes heavy price of just buying time”, The New York Times, April 25, 2012.
Added May 17, 2012
Here is Guardian columnist Seumas Milne’s take (“If there were global justice, Nato would be in the dock over Libya”, The Guardian, May 15, 2012).
Taylor, now awaiting sentence and expected to be jailed in Britain, was found guilty of “aiding and abetting” war crimes and crimes against humanity during Sierra Leone’s civil war in the 1990s. But he was cleared of directly ordering atrocities carried out by Sierra Leonean rebels.
Which pretty well describes the role played by Nato in Libya last year. International lawyers say legal culpability would depend on the degree of assistance and knowledge of war crimes for which Nato provided cover, even if the political and moral responsibility could not be clearer.
But there is of course simply no question of Nato leaders being held to legal account for the Libyan carnage, any more than they have been for far more direct crimes carried out in Iraq and Afghanistan. The only Briton convicted of a war crime over the bloodbath of Iraq has been Corporal Donald Payne, for abuse of prisoners in Basra in 2003. While George Bush has boasted of authorising the international crime of torture and faced not so much as a caution.
Which only underlines that what is called international law simply doesn’t apply to the big powers or their political leaders. In the 10 years of its existence, the International criminal court has indicted 28 people from seven countries for war crimes and crimes against humanity. Every single one of them is African – even though ICC signatories include war-wracked states such as Colombia and Afghanistan.
That’s rather as if the criminal law in Britain only applied to people earning the minimum wage and living in Cornwall. But so long as international law is only used against small or weak states in the developing world, it won’t be a system of international justice, but an instrument of power politics and imperial enforcement.
Just as the urgent lesson of Libya – for the rest of the Arab world and beyond – is that however it is dressed up, foreign military intervention isn’t a short cut to freedom. And far from saving lives, again and again it has escalated slaughter.
North Korea launched a rocket on April 13 to loft a satellite into space–part of the country’s civilian space program. The rocket, based on ballistic missile technology, broke up only minutes after launch. Western state officials and media rebuked Pyongyang for directing part of its strained budget to a rocket launch when it depends on outside food aid. Along with other countries, India “voiced deep concern.” 
Six days later, India launched Agni-V, a ballistic missile capable of delivering a 1.5 ton nuclear warhead to any point in China. India–which the American Federation of Scientists estimates has an arsenal of 80 to 100 nuclear weapons—boasted that the launch represented “another milestone” in its “quest to add to the credibility” of its “security and preparedness.” 
Both launches violated UN Security Council resolutions. Security Council Resolution 1172 (1998) calls upon India “to cease development of ballistic missiles capable of delivering nuclear weapons.”  Security Council Resolutions 1718 (2006)  and 1874 (2009)  direct North Korea to do the same.
On April 16, North Korea was censured by the Security Council for violating resolutions 1718 and 1874.  India has not been censured for violating resolution 1172. Indeed, that a Security Council resolution exists which prohibits India’s ballistic missile program has been almost completely ignored.
What’s more, while North Korea was savagely attacked in the Western media for its satellite launch, the same media treated India’s long-range ballistic missile test with either indifference or approval. India’s massive poverty was not juxtaposed against its decision to allocate resources to building nuclear warheads and the missiles to carry them.
North Korea’s nuclear weapons
The United States was the first country to introduce nuclear weapons to the Korean peninsula, in the form of tactical battlefield weapons. Later, when the USSR dissolved, Lee Butler, the head of the US Strategic Command, announced that the United States would retarget some of its strategic ballistic nuclear missiles from the former Soviet Union to North Korea. One month later, Pyongyang withdrew from the Nuclear Nonproliferation Treaty. 
A cardinal principle of nuclear nonproliferation is that countries with nuclear weapons should not target countries without them. Doing so provides the targeted country with a reason to develop its own nuclear weapons as a deterrent.
After North Korea’s first underground nuclear test, on October 9, 2006, the UN Security Council met to impose sanctions. At the meeting, North Korean ambassador Pak Gil Yon explained that North Korea initiated its nuclear weapons program because it felt compelled to protect itself from the danger of war from the United States.
This was hardly paranoid. Washington’s desire to see the collapse of North Korea is undoubted. An ideological competitor vis-à-vis the United States whose zeal for economic and political independence is second to none, North Korea remains one of the few remaining challenges to the US-led neo-liberal world economic order. In an attempt to crush the fiercely independent state, Washington has made North Korea the most heavily sanctioned country on earth—and hasn’t relieved the pressure in six decades.
This, on top of tactical and strategic nuclear weapons threats, nearly 30,000 US troops on the Korean peninsula, the incessant visits of nuclear weapons-equipped US warships and warplanes to South Korean ports and airbases, and the Pentagon’s de facto control of the South Korean military in peacetime and de jure control in wartime, constitutes a significant existential threat to North Korea.
In 2003, the Bush administration ratcheted up the threat by naming North Korea as part of an “axis of evil.” It then invaded the first country on its list, Iraq, and warned the other two to “draw the appropriate lesson.”  In light of this, Pak’s explanation that North Korea conducted the nuclear test to “bolster its self-defense” and that it “wouldn’t need nuclear weapons if the US dropped its hostile policies” rings true. 
Since then, the United States has delivered an additional reason for Pyongyang to draw the appropriate lesson—though not the one it hoped. Nato’s intervention in Libya on behalf of al-Qaeda-connected rebels likely wouldn’t have happened had the country’s leader, Muammar Gaddafi, not given up his chemical and nuclear weapons programs in exchange for reversal of sanctions and Western investment.
Washington says that it believes China sold North Korea the chassis for a missile-transport vehicle displayed in a North Korean military parade shortly after the failed satellite launch and would use “the episode to tighten pressure to better enforce United Nations sanctions forbidding the sale of weapons or technology to North Korea that would aid its ballistic missile and technology program.” 
Security Council resolution 1718 directs member states not to supply North Korea with battle tanks, armored combat vehicles, artillery, combat aircraft, attack helicopters, missiles or missile systems. A truck chassis hardly fits the list, and is clearly not a nuclear weapon or technology.
But why does a resolution—which concerns a nuclear test—ban sales to North Korea of conventional military equipment? Resolution 1172, dealing with India’s and Pakistan’s nuclear tests, imposed no similar sanctions on these countries. The likely explanation is that the resolution aims to deny Pyongyang an effective means of self-defense, both nuclear and conventional. In other words, the Security Council used North Korea’s efforts to tighten its security as a pretext to block its access to the equipment, technology and materials it needs for self-defense. By contrast, since the United States dropped its sanctions on India last decade, the latter has been permitted to add to the credibility of its security and preparedness without impediment.
Moreover, why was North Korea sanctioned at all? Having withdrawn from the Nuclear Nonproliferation Treaty under the threat posed by US strategic missiles, Pyongyang was bound by no international covenant prohibiting it from developing nuclear weapons. The Security Council justified the sanctions on the grounds that the proliferation of weapons of mass destruction is a threat to international peace and security. Invoking authority to prevent possible outbreaks of war between nations, however, has become a convenient way for the Security Council to legitimize arbitrary actions. It simply describes some incident as a threat to peace between nations—whether it is or not–and thereby hands itself authority to act.
Have North Korea’s nuclear tests truly represented a threat to international peace and security, or only a threat to the ability of certain permanent Security Council members to target North Korea with nuclear weapons free from the risk of nuclear retaliation? The United States, Britain and other countries that have nuclear weapons emphasize the deterrent nature of their nuclear arsenals. Rather than threatening international peace and security, these countries maintain that their WMDs preserve it. Why, then, should WMDs in the hands of countries threatened with nuclear annihilation constitute threats, while in the hands of the countries that pose the threat, nuclear weapons are considered a buttress to international peace and security? It seems more likely that peace and security between nations would be strengthened were the United States to cease targeting North Korea with nuclear weapons or were it deterred by Pyongyang’s possible nuclear retaliation.
Obviously (though not so obviously to Washington) a truck chassis is not a nuclear weapon or technology, but it is not unknown for Washington to broaden the definition of banned items to turn ostensibly narrow sanctions into broad-based ones.  UN Security Resolutions 1718 and 1874 do the same. While they appear to be limited to prohibiting North Korea from developing ballistic missile technology for military use, they have been interpreted by the Security Council to prohibit civilian use, as well. Hence, in censuring Pyongyang for its satellite launch, the president of the Security Council noted that any rocket launch that uses ballistic missile technology, even for civilian use, is a violation of the UN Security Council resolutions.  This means that as far as the Security Council is concerned, North Korea cannot have a civilian space program.
The United States’ criticism of China for selling North Korea a truck chassis, on grounds that the sale is a violation of a Security Council resolution, is not only baseless, it’s hypocritical. Washington has agreed to sell India spent nuclear fuel and nuclear technology, not only to “bring tens of billions in business to the United States” but to also cement “a new partnership between the two nations to counter China’s rise.”  Yet Security Council resolution 1172 directs “all States to prevent the export of equipment, materials or technology that could in any way assist programs in India or Pakistan for nuclear weapons.” Hence, while the United States accuses China of violating a Security Council resolution by selling the North Koreans truck parts, Washington itself has cleared the way to export equipment, material and technology to India to assist its nuclear program in violation of a Security Council resolution. Canada, too, which is selling uranium to India, is violating the same Security Council resolution. 
There are, then, four sets of double-standards that mark the West’s reaction to North Korea’s satellite launch.
• North Korea was censured by the Security Council for launching a satellite as part of a civilian space program, but India escaped censure for launching a ballistic missile whose purpose would be to destroy Chinese cities. Both launches violated Security Council resolutions, but the Security Council and Western media ignore the resolution prohibiting India’s ballistic missile program.
• North Korea’s attempt to loft a satellite into space was reviled by Western media and presented as a threat, while India’s launch of a long-range missile capable of carrying a payload to wipe Chinese cities off the map merited few critical remarks.
• North Korea was rebuked for what was widely described as an extravagant expenditure on a rocket launch at a time Pyongyang is dependent on outside help to feed its people , while India’s widespread and profound poverty hardly seemed a consideration to a Western media that could find little critical to say about India’s expensive nuclear weapons and ballistic missile program.
• China has been criticized by the United States for selling truck parts to North Korea, presumably in violation of a Security Council resolution prohibiting sales of conventional military equipment to Pyongyang, while it has approved the sale of spent nuclear fuel and nuclear technology to India in violation of Security Council Resolution 1172.
India’s efforts to add to the credibility of its security and preparedness are accepted as legitimate by Western governments and media because they’re directed at China. Pyongyang’s efforts to add to the credibility of its security and preparedness are reviled and censured because they’re aimed at bolstering North Korea’s defense against hegemonic threats. India’s actions—insofar as they contribute to the United States’ new military strategic focus of containing the challenge of China’s rise—is in Wall Street’s interests. North Korea’s actions—in challenging the United States’ ability to forcibly integrate the country into the US-led neo-liberal world economic order—is against Wall Street’s interests. Accordingly, one rocket launch is condoned, the other condemned.
1. “India’s role in Asia-Pacific enormously important: US”, The Economic Times, April 17, 2012.
2. Simon Denyer, “India tests missile capable of reaching Beijing”, The Washington Post, April 19, 2012.
7. Bruce Cumings, Korea’s Place in the Sun: A Modern History, W.W. Norton & Company, 2005. 488-489.
8. The warning was issued by US Undersecretary of State John Bolton. The other country on the list was Iran, now subjected to economic warfare, assassinations, sabotage, incursions by US reconnaissance drones, attacks by proxy terrorist armies, destabilization and threats of military intervention by the United States, its invariable cobelligerent Britain, and Israel.
10. Mark Landler, “Suspected sale by China stirs concern at White House”, The New York Times, April 20, 2012.
11. Similarly, Nato bombing campaigns notoriously broaden the definition of legitimate military targets to cover civilian infrastructure, including roads, bridges, TV and radio broadcasting facilities, factories and even farms.
12. The combined implication of the resolutions is that:
• North Korea cannot lawfully defend itself against the threat of nuclear attack;
• It cannot lawfully be sold conventional military equipment for self-defense;
• It cannot lawfully have a civilian space program.
13. Simon Denyer and Pama Lakshmi, “U.S.-India nuclear deal drifts dangerously”, The Washington Post, July 15, 2011.
14. Bill Curry, “Canada signs nuclear deal with India”, The Globe and Mail (Toronto), June 27, 2010.
15. Sanctions contribute heavily to North Korea’s food security problems.
“Sanctions,” New York Times’ reporter Rick Gladstone writes, have subjected “ordinary Iranians” to “increased deprivations” in order to “punish Iran for enriching uranium that the West suspects is a cover for developing the ability to make nuclear weapons.”  In other words, Iran is suspected of having a secret nuclear weapons program, and so must be sanctioned to force it to abandon it.
Contrary to Gladstone, the West doesn’t really believe that Tehran has a secret nuclear weapons program, yet even if we accept it does believe this, the position is indefensible. Why should Iranians be punished for developing a capability that the countries that have imposed sanctions already have?
The reason why, it will be said, is because Iranians are bent on developing nuclear weapons to destroy Israel. Didn’t Iranian president Mahmoud Ahmadinejad threaten to “wipe Israel off the map”?
Regurgitated regularly by US hawks and Israeli politicians to mobilize support for the bombing of Iran, the claim is demagogic rubbish. Ahmadinejad predicted that Israel as a Zionist state would someday disappear much as South Africa as an apartheid state did. He didn’t threaten the physical destruction of Israel and expressed only the wish that historic Palestine would become a multinational democratic state of Arabs and the Jews whose ancestors arrived in Palestine before Zionist settlers. 
No less damaging to the argument that Iranians aspire to take Israel out in a hail of nuclear missiles is the reality that it would take decades for Iran to match Israel’s already formidable nuclear arsenal, if indeed it aspires to. For the foreseeable future, Israel is in a far better position to wipe Iran off the map. And given Israel’s penchant for flexing its US-built military muscle, is far more likely to be the wiper than wipee. Already it has almost wiped an entire people from the map of historic Palestine.
But this is irrelevant, for the premise that the West suspects Iran of developing a nuclear weapons capability is false. To be sure, the mass media endlessly recycle the fiction that the West suspects Iran’s uranium enrichment program is a cover for a nuclear weapons program, but who in the West suspects this? Not high officials of the US state, for they have repeatedly said that there’s no evidence that Iran has a secret nuclear weapons program.
The consensus view of the United States’ 16 intelligence agencies is that Iran abandoned its nuclear weapons program years ago. Director of US intelligence James Clapper “said there was no evidence that (Iran) had made a decision on making a concerted push to build a weapon. David H. Petraeus, the C.I.A. director, concurred with that view…. Other senior United States officials, including Defense Secretary Leon E. Panetta and Gen. Martin E. Dempsey, the chairman of the Joint Chiefs of Staff, have made similar statements.” 
Rather than weakening this conclusion, stepped up US espionage has buttressed it. Iran’s leaders “have opted for now against…designing a nuclear warhead,” said one former intelligence official briefed on US intelligence findings. “It isn’t the absence of evidence, it’s the evidence of an absence. Certain things are not being done”  that would indicate that Iran is working on nuclear weapons. Even Mossad, Israeli’s intelligence agency “does not disagree with the US on the weapons program,” according to a former senior US intelligence official. 
So, contrary to the claim that the West “suspects” Iran of concealing a nuclear weapons program, no one in a position of authority in the US state believes this to be true. Neither does Israeli intelligence. Why, then, is the United States and its allies subjecting ordinary Iranians to increased deprivations through sanctions?
The answer, according to Henry Kissinger, is because US policy in the Middle East for the last half century has been aimed at “preventing any power in the region from emerging as a hegemon.” This is another way of saying that the aim of US Middle East policy is to stop any Middle Eastern country from challenging its domination by the United States. Iran, Kissinger points out, has emerged as the principal challenger. 
Indeed, it did so as long ago as 1979, when the local extension of US power in Iran, the Shah, was overthrown, and the country set out on a path of independent economic and political development. For the revolutionaries’ boldness in asserting their sovereignty, Washington pressed Saddam Hussein’s Iraq into a war with Iran. This served the same purpose as today’s economic warfare, sabotage, threats of military intervention, and assassinations of Iran’s nuclear scientists: to weaken the country and stifle its development; to prevent it from thriving and thereby becoming an example to other countries of development possibilities outside US domination.
Uranium enrichment has emerged as point of conflict for two reasons.
First, a civilian nuclear power industry strengthens Iran economically and domestic uranium enrichment provides the country with an independent source of nuclear fuel. Were Iran to depend on the West for enriched uranium to power its reactors, it would be forever at the mercy of a hostile US state. Likewise, concern over energy security being in the hands of an outside power has led Turkey, Saudi Arabia, Vietnam and South Korea to insist over US objections that they be allowed to produce nuclear fuel domestically, without sanction. With US nuclear reactor sales hanging in the balance, it appears that their wishes will be respected.  Iran will be uniquely denied.
Secondly, uranium enrichment provides Tehran with the capability of developing nuclear weapons quickly, if it should ever feel compelled to. Given Washington’s longstanding hostility to an independent Iran, there are good reasons why the country may want to strengthen its means of self-defense. The hypocrisy of the United States championing counter-proliferation—and only selectively since no one is asking Israel to give up its nuclear weapons, and the United States hasn’t the slightest intention of ever relinquishing its own—reveals the illegitimacy of the exercise.
The reason, then, for punishing Iranians with new and more debilitating privations is not because their government has a secret nuclear weapons program —which no one in the US state believes anyway—but because a developing Iran with independent energy, economic and foreign policies threatens Washington’s preferred world political order—one in which the United States has unchallenged primacy.
1. Rick Gladstone, “Iranian President Says Oil Embargo Won’t Hurt”, The New York Times, April 10, 2012.
2. Glenn Kessler, “Did Ahmadinejad really say Israel should be ‘wiped off the map’?” The Washington Post, October 6, 2011.
3. James Risen and Mark Mazzetti, “U.S. agencies see no move by Iran to build a bomb”, The New York Times, February 24, 2012.
4. Joby Warrick and Greg Miller, “U.S. intelligence gains in Iran seen as boost to confidence”, The Washington Post, April 7, 2012.
5. James Risen, “U.S. faces a tricky task in assessment of data on Iran”, The New York Times, March 17, 2012.
6. Henry A. Kissinger, “A new doctrine of intervention?” The Washington Post, March 30, 2012.
7. Carol E. Lee and Jay Solomon, “Obama to discuss North Korea, Iran”, The Wall Street Journal, March 21, 2012.