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17 October 2008 Charles J. Brown
05:08 pm

Powell, Obama, and Torture


There’s word today from numerous sources that Colin Powell will go on Meet the Press this Sunday and endorse Barack Obama. The Obama campaign certainly isn’t doing anything to discourage the speculation:

Today Obama spokesperson Linda Douglas said she has no news on the Powell front, but the campaign would obviously love an endorsement.  ”We would welcome the support of somebody with such a distinguished and honorable career as General Powell,” she told me this morning, as Obama’s plane flew to Virginia for a rally.  Obama has previously cited Powell as a potential member of his administration, and the two have been in touch before. “I know they talk from time to time about foreign policy matters,” Douglas said, though she did not know the last time they spoke.  Powell is widely viewed as a thoughtful public servant who carries credibility (and experience) in both parties.

Quite a few folks in the progosphere think Powell endorsing Obama would be a great thing.  I’m not so sure.

Like many others, I had a great deal of respect for Powell before he joined the Bush Administration.  His story was a compelling one and his service was largely distinguished.  In 1996, Powell chose, for a variety of reasons, not to run for President.  Had he done so, he very well might have defeated Clinton.  Instead, he remained on the sidelines until Dubya asked him to serve as Secretary of State.

These days, Powell is often viewed as a tragic figure, largely because of his 2003 presentation at the UN Security Council during the Administration’s push for war with Iraq.  According to Powell, he was duped by the CIA, who convinced Powell that the intelligence behind his presentation was unimpeachable.  Powell then went out and made the case for war.

Thirty months later, Powell told Tim Russert that the CIA had misled him, using intelligence based on discredited sources.   Since then, conventional wisdom has given Powell the benefit of the doubt.  Many commentators regard his statement that he had been misled as the same thing as an apology:

Private warnings cannot cancel out Powell’s hawkish presentation to the U.N., but unlike so many war cheerleaders in politics and the media, he owned up to his mistakes. On national television, Powell called the U.N. address a “blot” on his record.

Fair enough — everyone makes mistakes, and to his credit, Powell has acknowledged (or at least gave the appearance of acknowledging) that he was wrong.  Second chances are the American way, and certainly a Powell endorsement of Obama would represent an open repudiation not only of his friend John McCain, but also of the Administration for whom he worked.

There’s just one small problem.  Powell’s testimony before the UNSC was only the second biggest “blot” on his record.

The biggest was, and is, his tacit support for torture.  If, as the Nuremberg tribunals established, knowledge is complicity, then Colin Powell is guilty of war crimes.  And unlike Iraq, he’s never apologized for his role in helping to shred the Constitution, ignore the Convention against Torture, and trash the Geneva Conventions.

Think I’m exaggerating?  Here’s what Jane Mayer has to say in The Dark Side:

Bush also knew about, and approved of, White House meetings in which his top cabinet members were briefed by the CIA on its plan to use specific “enhanced” interrogation techniques on various high-value detainees.  The meetings were chaired by Rice. . . . The participants were members of the Principals Committee, the five Bush cabinet members  who handled national security matters:  Vice President Cheney, Secretary of State Powell, Secretary of Defense Rumsfeld, CIA Director Tenet, and Attorney General Ashcroft.

Knowing how the Agency had been blamed for ostensible “rogue” actions in the past, Tenet was eager to spread the political risk of undertaking “enhanced interrogations.” However, some members of the group became irritated with Tenet’s insistence upon airing the grim details.  “The CIA already had legal clearance to do these things,” a knowledgable source said, “and so it was pointless for them to keep sharing the details.  No one was going to question their decisions. . . . It’s not as if any of the principals were debating the policy — that was already set.  They wanted to go to the limit that the law required. . . .”

There is no indication. . .that any Bush cabinet members objected to the policy. [emphasis added]

As Mayer acknowledges, Powell did object quite strongly to Bush’s decision to suspend the Geneva Conventions.  But he did not make those concerns public or threaten to resign.  He merely accepted the outcome and soldiered on.  It is only at the time of Abu Ghraib (and the first media reports of John Yoo’s infamous August 2002 “torture memo”), Mayer notes that Powell (along with Rice) began to express qualms:

After reading the torture memo  itself for the first time in the newspapers, Rice and Powell confronted Gonzales together and furiously insisted that there be “no more secret opinions on international and national security law.”  Their righteous anger seemed somewhat undercut by reports that Tenet had provided graphic details of specific coercive interrogations during the Principals Committee meetings while both were present.  And while they directed their frustration at Gonzales, neither had the temerity to confront Cheney, who clearly was the true source of these policies. [emphasis added]

Colin Powell passively assented to torture.  Although he occasionally raised concerns, there is no evidence that he threatened to resign — as Ashcroft and others did over the issue of domestic wiretapping.  He sat in meetings and listened as George Tenet offered graphic descriptions of torture committed by U.S. government officials — and never once objected, other than to complain that Tenet’s statements were unnecessary, given the fact that the President already had authorized torture.

As was the case with his presentation at the United Nations, he accepted what he heard and did as he was told.  Only later, after the Yoo memo and the Abu Ghraib scandal became public, did he begin to object — and then only to ask if there were any other memos he should know about.  At no time did he confront Cheney or Bush, threaten to go public, or quit in protest.

Later on, after he was once again a private citizen, Powell did raise concerns about the Administration’s policies, writing in 2006 to John McCain to express his opposition to proposed rules on Military Commissions:

In his letter to McCain, Powell said the effort to “redefine” the article was “inconsistent” with his previous opposition to the use of torture. “The world,” he wrote, “is beginning to doubt the moral basis of our fight against terrorism.” . . .

Powell declined yesterday to address Bush’s comments. “To say that we want to modify, clarify or redefine Common Article 3 [of the Geneva Conventions], which has not been modified for the 57 years of its history, I think adds to the doubt” about U.S. morality, he said. “Plus I believe that the legitimate concerns that the administration has can be dealt with in other ways.”

The problem, of course, is that there is no public record during Powell’s tenure as Secretary of State of his “previous opposition to the use of torture.”  In his letter to McCain, Powell makes it clear that his objection is not with the underlying policy, but rather the tactics around the military commission.  That is not exactly taking a stand in the face of evil or speaking truth to power.

Silence in the face of evil is assent.  In the eyes of the law, it’s called conspiracy.   At best, Powell’s  actions — both in regard to Iraq and to torture — show a lack of critical thinking.  At worst, they demonstrate profound moral cowardice.

So pardon me if I’m not thrilled at the notion of Powell endorsing Barack Obama.

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23 September 2008 Charles J. Brown
10:45 am

Ambassador for All War Crimes except Our Own


Here’s my post that appeared on HuffPo yesterday.  If you haven’t yet, please go give it a read over there, and buzz/digg/stumble upon it.  You can find it here.

Imagine, just for a moment, that President Bush decided to appoint Carly Fiorina as U.S. Ambassador for Global Financial Issues, and then sent her overseas to meet with allies to discuss how they should adopt the American financial services model. After the events of the past few days, she’d be laughed out of every ministry she visited.

Now pretend that we’re not talking about financial services, but rather war crimes. What if the United States had an Ambassador for War Crimes Issues? Given the Bush Administration’s atrocious record on torture, you’d probably conclude that not even Bush would have the testicular fortitude to try to pull off such an audacious act.

You’d be wrong.

Meet Clint Williamson, who might just have the worst job in Washington: U.S. Ambassador-at-Large for War Crimes Issues. For the past two years, he has “advise[d] the Secretary of State directly and formulate[d] U.S. policy responses to atrocities committed in areas of conflict and elsewhere throughout the world.” His scope of work includes former Yugoslavia, Rwanda, Sierra Leone, Cambodia, Iraq (crimes committed by the former regime, not the current occupation), Sri Lanka, and, as of last week, Georgia.

There’s one important country missing from that list, one responsible for some of the worst war crimes of the past eight years: our own.

According to the Rome Statute establishing the International Criminal Court, “war crimes” are defined to include fifty separate acts that violate the Geneva Conventions, international law, or the laws and customs of war. They include murder, torture, “causing great suffering, or serious injury to body or health,” “depriving a prisoner of war or other protected person of the rights of fair and regular trial,” illegal deportation, unlawful confinement, the taking of hostages, and “committing outrages upon personal dignity, in particular humiliating and degrading treatment.”

If we accept that definition, then, as Jane Mayer documents in The Dark Side, military and CIA personnel have committed acts that constitute war crimes under international law. These were not, as Donald Rumsfeld contended at the time of Abu Ghraib, isolated acts, committed by rogue personnel. The men and women on the ground committing these abuses did so with the full authorization and support of the Bush Administration.

Senior officials, including the President, Vice President, a Secretary of Defense, two Secretaries of State, three CIA Directors, and two Attorneys General supported or tolerated these acts. A team of lawyers, including David Addington and John Yoo, have crafted legal arguments to validate them (often after the fact), including findings that the President’s power as Commander in Chief overrides the Geneva Conventions, the Convention against Torture, the Bill of Rights, the Constitution, and domestic law. These same lawyers also sought to redefine torture downwards to such a degree that even the humiliations suffered by Senator John McCain in Vietnam no longer would qualify.

Of course, when Ambassador Williamson travels overseas, he can’t really discuss any of that. Instead, he must talk about what other countries have done. It must be a miserable job, having to pretend that the country you represent hasn’t tarnished its own reputation to such a degree that you look like an apologist for the very thing you were appointed to oppose.

But that’s not the worst of it. The Office of War Crimes Issues doesn’t just tell other countries to do as we say and not as we do. The Administration has actually made OWCI complicit of its own war crimes apparatus. Since September 11, OWCI has been responsible “for negotiating the repatriation, to their home countries, of individuals detained by the United States for their involvement in terrorist activities.” In other words, whenever the Administration discovers that someone it has tortured or mistreated is, in fact, innocent, it turns to OWCI to make the arrangements to send them home.

I wonder if that tiny little detail ever comes up when Ambassador Williamson travels overseas?

It wasn’t always this way. OWCI was created by then-Secretary Albright to support the International Criminal Tribunals for former Yugoslavia and Rwanda. Its first Ambassador, David Scheffer, played an important role in helping to make those courts effective. He also headed the U.S. delegation to the Rome Conference that created the International Criminal Court. It was, in fact, his leadership that led to the Rome Treaty’s definition of war crimes — the one that the current Administration so blithely ignores.

I was a member of the U.S. delegation to the Rome Conference. Despite the best efforts of the Pentagon to derail the negotiations, U.S. diplomats and lawyers helped make the ICC Statute an effective mechanism for prosecuting the worst of the worst — individuals who commit genocide, crimes against humanity, and war crimes. Although Scheffer ultimately was instructed to vote against the treaty, President Clinton subsequently signed it, demonstrating American willingness to work with the Court and support its goals.

Little did we know then that ten years later, some of the bad guys that the Court was created to prosecute would work for the U.S. government. When Bush decided to “unsign” the ICC treaty in May 2002 — an event that John Bolton called the “happiest day” of his professional career — U.S. officials already were torturing suspected terrorists. The very principles that the U.S. delegation in Rome pushed so hard to have included in the treaty were now being violated by a U.S. government.

Those responsible for this terrible reversal include President Bush, Vice President Cheney, Donald Rumsfeld, John Ashcroft, Alberto Gonzales, George Tenet, Condoleezza Rice, Michael Chertoff, and the group of lawyers known inside the Administration as the “War Council” — David Addington, John Yoo, William J. Haynes, and Timothy Flanigan. All twelve should be tried as war criminals, either under the U.S. War Crimes Act of 1996, or, if no American court is willing to pursue the matter, courts in other countries. (Unfortunately, the International Criminal Court cannot prosecute them because the United States is not a party to the Rome Treaty.)

Clint Williamson worked honorably for seven years as a trial attorney at the International Criminal Tribunal for the Former Yugoslavia. He clearly knows what constitutes war crimes. He must realize that those he works for — including the woman he advises on war crimes issues — are responsible for acts not dissimilar to the ones committed by those he used to prosecute at the Hague. And he must realize that, by having his office repatriate the system’s victims, he is helping to conceal the truth.

Mr. Williamson should resign, and the position he now holds should remain vacant until the United States can practice what it so hypocritically preaches. If he instead chooses to remain in a compromised and largely ceremonial job, the very least he could do is agree to accept a new title: Ambassador-at-Large for All War Crimes except Our Own.

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27 August 2008 Charles J. Brown
10:20 am

What’s Missing at DNC: Torture, Guantanamo. . .and Cheney


So far we’ve seen dozens of speakers at the Democratic National Convention.  They’ve attacked Bush and McCain.  They’ve touted solutions to energy and climate change.  They’ve talked about Supreme Court justices and choice.  They’ve talked getting out of Iraq, and winning the war against the resurgent Taliban in Afghanistan.  A few have even mentioned, in passing, that the United States needs to rebuild its relationship with allies, once agan leading rather than dictating to the rest of the world.

But there is one set of issues that we haven’t heard about yet — not once in two days of banal blathering.

Call it the destruction of American values.  It includes a number of things.

Like torture.

Guantanamo.

Abu Ghraib.

Indefinite detention of American citizens.

Denial of habeas corpus.

Waterboarding.

Rendition.

Black sites.

It’s as if the books by Jane Meyer, Jack Goldsmith, Philippe Sands, and so many others have gone right down the memory hole.

Where’s the anger at this desecration of everything America supposedly stands for?  Where’s the condemnation of the Bush Administration’s trashing of the Constitution?  Where are the demands that these things stop, and stop immediately?

And where are the attacks on the man who most needs to answer for his role in not just allowing, but promoting these abominations?  Where is the condemnation and vilification of Dick Cheney?

There isn’t a politician more unpopular in America today.  More importantly, there isn’t anyone more responsible for the trashing of America’s reputation in the world.

Yet after two days, we’ve heard nothing about him or his comprehensive attack on human rights and civil liberties.  Nothing about his single-minded shredding of the Bill of Rights, Geneva Conventions, and Convention against Torture.  Nothing about waterboarding, sleep deprivation, the use of dogs, or forced confinement.  Nothing about the fact that our allies now believe that this Administration has committed war crimes.

We’ve heard plenty about windmills and wages, but nothing about Cheney’s conscious destruction of American values.

In less than a week, Dick Cheney will take the Darth Vader world tour to the Republican National Convention in St. Paul.  In his primetime speech, he will call Democrats weak, inept, and unwilling to face down “evil.”

If the Democrats fail to call him out on his own evil this week, he’ll be right.

Are Democrats afraid?  Are they unwilling to confront Bush, Cheney, and McCain on foreign policy?   Are they afraid of John McCain because he keeps reminding people on every possible occasion that he was a POW?

There’s a simple way to handle this.  All the Democrats have to say is that the Bush Administration believes that it doesn’t torture.  Then talk about all the things that they now do that the North Vietnamese did to John McCain.  And then point out that according to George Bush and Dick Cheney, John McCain wasn’t tortured. And then say how dare they implement polices once used against our brave servicemen and women.  And also make sure that people know that John McCain actually sanctions torture, as long as it’s committed by the CIA.

It’s the truth.  It reminds Americans of what we stand for without dragging them through the muck and horror of the past seven years.  It also has the advantage of putting both McCain and the Bushies on the defensive.

We’ve heard that Obama-Biden will be different, that they will no longer concede the high ground on foreign policy issues to the Republicans.  But if they never mention torture, Guantanamo, or any of the other terrors that Cheney, Addington, Yoo and company have inflicted on America and the world, then they are just as fearful and timorous as past candidates.

And next week, the Republicans will have free reign to make them look like apologists and traitors.

And in November, Barack Obama will lose.

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20 August 2008 Charles J. Brown
08:30 pm

McCain’s Story v. Bush’s Actions: I. Confinement


I took some time today to read John McCain’s 1973 account of his confinement in Vietnam, as published by U.S. News and World Report.  It is, as you can imagine, difficult to read:  McCain is unblinking in his portrayal of how he and others were treated (and unfiltered in his opinion of his captors).

I did this neither to question whether or not his account of the cross in the dirt is accurate, nor to question his courage or honor. I find no utility in pursuing the former (I think he deserves the benefit of the doubt) and very much believe that he and others deserve our respect and admiration for what they went through.

Rather, my purpose is to explore further the contrast between what happened to him in Vietnam and what the Bush Administration has done in the war on terror.  If you’re new to the blog, you can find more on this here and here.

I’d like to acknowledge up front that these passages are not a complete account of McCain’s captivity.  My intent is to highlight two elements of the North Vietnamese treatment of McCain:  confinement and torture, and then look at what the Bush Administration has said and done.

Let’s start with confinement.

McCain, describing conditions from March 1968 (the link in the story is to photos of the cell in which he was held):

I remained in solitary confinement from that time on for more than two years. I was not allowed to see or talk to or communicate with any of my fellow prisoners. My room was fairly decent-sized—I’d say it was about 10 by 10. The door was solid. There were no windows. The only ventilation came from two small holes at the top in the ceiling, about 6 inches by 4 inches. The roof was tin and it got hot as hell in there. The room was kind of dim—night and day—but they always kept on a small light bulb, so they could observe me. I was in that place for two years.

As far as this business of solitary confinement goes—the most important thing for survival is communication with someone, even if it’s only a wave or a wink, a tap on the wall, or to have a guy put his thumb up. It makes all the difference.

It’s vital to keep your mind occupied, and we all worked on that. Some guys were interested in mathematics, so they worked out complex formulas in their heads—we were never allowed to have writing materials. Others would build a whole house, from basement on up. I have more of a philosophical bent. I had read a lot of history. I spent days on end going back over those history books in my mind, figuring out where this country or that country went wrong, what the U. S. should do in the area of foreign affairs. I thought a lot about the meaning of life.

It was easy to lapse into fantasies. I used to write books and plays in my mind, but I doubt that any of them would have been above the level of the cheapest dime novel.

People have asked me how we could remember detailed things like the tap code, numbers, names, all sorts of things. The fact is, when you don’t have anything else to think about, no outside distractions, it’s easy. Since I’ve been back, it’s very hard for me to remember simple things, like the name of someone I’ve just met.

During one period while I was in solitary, I memorized the names of all 335 of the men who were then prisoners of war in North Vietnam. I can still remember them.

McCain, about events in June 1970:

The pressure continued on us to see antiwar delegations. By early in June I was moved away from Colonel Finley to a room that they called “Calcutta,” about 50 yards away from the nearest prisoners. It was 6 feet by 2 feet with no ventilation in it, and it was very, very hot. During the summer I suffered from heat prostration a couple or three times, and dysentery. I was very ill. Washing facilities were nonexistent. My food was cut down to about half rations. Sometimes I’d go for a day or so without eating.

McCain, about what happened in March 1971 after prisoners attempted to hold a church service:

Later in March they came in and took three or four of us out of every one of the seven rooms until they got 36 of us out. We were put in a camp we called “Skid Row,” a punishment camp. We stayed there from March until August, when we came back for about four weeks because of flooding conditions around Hanoi, and then we went back out again until November.

They didn’t treat us badly there. The guards had permission to knock us around if we were unruly. However, they did not have permission to start torturing us for propaganda statements. The rooms were very small, about 6 feet by 4 feet, and we were in solitary again.

Now let’s turn once more to Jane Mayer’s The Dark Side.  The following account is what Abu Zubayda, a self-professed member of Al Qaeda, told the International Committee of the Red Cross.  As Mayer herself notes, he “clearly had political and self-serving reasons to exaggerate his mistreatment.”  But also keep in mind that much of Zubayda’s story  — particularly the timetable he provided and the terminology he said his captors used — fits into the larger narrative Mayer contructs of events elsewhere, particularly decisions made back in Washington.

While the ICRC would neither confirm nor deny the details [of their report], other sources familiar with the report say that Abu Zubayda described being kept for prolonged spans of time in a cage that he called “a tiny coffin.” . . .[His] “hard time” began when he was locked into the “tiny coffy” for hours on end, which he described as excruciatingly painful.  It was too small for him to stand or stretch out, so small he said he had to double up his limbs in a fetal positoin. . .[which] caused his wounds to reopen.  he described the box as black, both inside and out, and said that it was covered in towels, which he thought was an effort to constrict the flow of air inside. . . .A source familiar with Zubayda’s account described the tiny coffin box as “unbearable, most terrible.”

. . .Zubayda told the ICRC that the cell in which he was isolated during this period looked out directly at the “tiny coffin” and another slightly larger cage.  These two boxes loomed large in his imagination, even when he was not confined in them, blocking his line of sight as an omnipresent threat.  One unconfirmed account desribed teh CIA interrogation team as building a coffin in which they reportedly threatened to bury Zubayda alive. . . .They reportedly took his clothing as punishment, and reduced his human interaction to a single daily visit in which they would say simply, “You know what I want,” and then leave.

This is only one of a number of such accounts.  And as Mayer and others have noted, this particular “treatment” was meted out to someone who was subsequently discovered not to be a major player in al Qaeda, and mentally ill.

Here’s what Article 21 of the Third Geneva Convention (to which the United States is a party) has to say about the question of “close confinement”:

The Detaining Power may subject prisoners of war to internment. It may impose on them the obligation of not leaving, beyond certain limits, the camp where they are interned, or if the said camp is fenced in, of not going outside its perimeter. Subject to the provisions of the present Convention relative to penal and disciplinary sanctions, prisoners of war may not be held in close confinement except where necessary to safeguard their health and then only during the continuation of the circumstances which make such confinement necessary.

Draw your own conclusions.

Two more questions for John McCain:

Are those detained by the United States in Guantanamo, Afghanistan and elsewhere — those whom President Bush has declared “unlawful combatants” — protected by the Geneva Conventions?  If not, why?

Given that Vietnam refused to abide by the Conventions, leading to their mistreatment and abuse of you and others, why should individuals detained by the United States not receive the very protections you were denied?

Part Two — McCain v. Bush on torture — will follow tomorrow.

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