Perpetual War, Indefinite Detention, And Torture: The U.S. And Israel’s Shared Values

The United States and Israel have “shared values” but not when it comes to upholding democracy and the rule of law. Their shared values are perpetual war, torture, indefinite detention, and military courts.

Israeli soldiers arrest Palestinian
minors in the West Bank city of Jenin

Guantanamo is a perfect example of this. Both states have been in a state of perpetual war for quite some time with Israel against the Palestinians since its founding in 1948 while the U.S. can trace back its war to its founding in 1776 and the colonization of Native American lands. Today’s global war on terror is the latest chapter in that saga. Under perpetual war, the United States and Israel can justify a litany of draconian policies, such as indefinite detention, torture, and extrajudicial killing.

International human rights law prohibits torture and detention without charge or trial. The UN Convention Against Torture strictly forbids torture, even in “exceptional circumstances” like “a state of war or threat of war, internal political instability or any other public emergency.” Meanwhile, article 9 of the International Covenant on Civil and Political Rights states, “No one shall be subjected to arbitrary arrest or detention.” The rights to a fair trial, due process, and to be free from torture and inhumane treatment are basic human rights that governments are obliged to uphold. Yet, both the United States and Israel practice indefinite detention – also known as “administrative detention” in Israel – and torture.

Administrative detention and torture in Israel

Israel has detained thousands of Palestinians in the occupied territories without charge or trial over the years “for periods ranging from several months to several years,” according to Israeli human rights group B’Tselem. B’Tselem figures also report that, “At the end of May 2014, 196 Palestinian administrative detainees were held in facilities run by the Israel Prison Service (IPS).” Israel recently locked up over 250 Palestinians in administrative detention as part of its operation to find the three missing but killed Israeli settlers, putting the current population at around 450.

Three Israeli laws allow and regulate Israel’s administrative detention powers – the Administrative Detention Order, theEmergency Powers (Detention) Law, and the Internment of Unlawful Combatants Law.

The Administrative Detention Order, which applies to the West Bank except East Jerusalem, allows military commanders to detain a person for a maximum of six months “for reasons to do with regional security or public security.” Commanders can repeatedly add six months of administrative detention, since there is no limit on extensions. The 1979 Emergency Powers Law allows the defense minister to detain a person for up to six months, like the Order, and extend the detention repeatedly six months at a time. It applies to Israeli residents, residents living in Israeli occupied territories, and residents of other countries, such as Lebanon. However, this law grants detainees more protections than the Order does. The 2002 Internment of Unlawful Combatants Law allows for the administrative detention of a civilian who directly or indirectly participates in hostilities against Israel or is a member of a force that does so. Under this law, persons can be detained for an unlimited period of time. This law is used to detain Palestinians living in the Gaza Strip.

While the occupation is illegal and unjust, Israel, as an occupying power, has an international legal responsibility to uphold the welfare of Palestinians living under its control. International humanitarian law permitssome internment (or detention without charge or trial) in wartime but only “for imperative reasons of security,” according to Article 78 of the Fourth Geneva Convention. Internment [detention] also has to be done on a case-by-case basis rather than implemented widely.

B’Tselem names the numerous ways in which Israel’s use of administrative detention violates its international legal responsibilities as an occupying power. One is its “[e]xtremely extensive use” in contravention of international law. “Administrative detention has become routine practice, rather than an exceptional measure,” according to B’Tselem. Relatedly, administrative detention is used as “an alternative to criminal proceedings” with authorities using it “as a quick and efficient alternative to criminal trial, primarily when they do not have sufficient evidence to charge the individual, or when they do not want to reveal their evidence.” Administrative detention also lacks due process as detainees “are not provided meaningful information on the reasons for their detention and are not given an opportunity to refute the suspicions against them.” Additionally, detention periods are repeatedly extended, which leaves Palestinians detained for several months to years without charge or trial. Israel has also used administrative detention against political opponents, including non-violent political activists. Finally, many Palestinian administrative detainees are held inside Israel.

In 1999, Israel’s High Court of Justice issued a ruling that prohibited interrogators from using methods of torture as a means of interrogation. Before that ruling, Israeli security forces regularly “tortured thousands of Palestinian detainees each year,” according to the Public Committee Against Torture in Israel. In 1987, an Israeli government commission, headed by former Supreme Court President Moshe Landau, issued a report that provided a framework for Israel’s torture regime. The Landau Commission recommended Shin Bet interrogators utilize torture methods, namely “psychological pressure” and a “moderate degree of physical pressure,” against people suspected of “hostile terrorist activity.” It argued that “an effective interrogation is impossible” without some physical force.

Despite the High Court’s 1999 ban on torture, rights groups like the Public Committee Against Torture in Israel (PCATI) point out that the Israeli intelligence agency Shin Bet and other law enforcement agencies still commit acts of torture. The PCATI largely relied on testimonies from Palestinian prisoners and forensic evaluations. In response, the Shin Bet denies it commits torture and argues that its interrogation methods are not only lawful but save lives.

Methods of torture and ill treatment of Palestinian prisoners since 1999, according to the PCATI, include “sleep deprivation, binding to a chair in painful positions, beatings, slapping, kicking, threats, verbal abuse and degradation,” special methods like “bending the body into painful positions,” “forcing the interrogee to crouch in a frog-like position (‘kambaz’), choking, shaking and other violent and degrading acts (hair-pulling, spitting, etc.),” and psychological torture. Prisoners, some of whom are children, in solitary confinement often face “sleep deprivation, exposure to extreme heat and cold, permanent exposure to artificial light, detention in sub-standard conditions.”

The High Court’s ruling has loopholes for Israeli intelligence to circumvent the torture ban. One is the “necessity defense”, which, according to PCATI, “under certain circumstances, exempts interrogators who employ illegal interrogation techniques, including physical violence, from criminal responsibility.” Another is well-known the “ticking bomb” scenario, where torture is allowed to prevent an imminent threat, such as a bomb about to explode. PCATI argues that the government exploited this loophole to declare more detainees ticking time bombs and overstepping the court’s intended scope. PCATI also accused the Shin Bet “taking advantage of the fact that only sleep deprivation for the sake of deprivation is illegal, not sleep deprivation indirectly caused from an extended interrogation,” according to the Jerusalem Post.

Guantanamo, U.S. global war on terror

The 2001 Authorization for Use of Military Force, passed shortly after 9/11, authorizes the President of the United States “to use all necessary and appropriate force against those nations, organizations, or persons” who “planned, authorized, committed, or aided” the 9/11 terrorist attacks “or harbored such organizations or persons.” This bill gives the United States wide power to wage perpetual war around the world against alleged terrorist groups.

When the Obama administration entered office, it not only kept the AUMF in place, but expanded the bill’s scope to continue the global war on terror. The Obama administration interprets the AUMF to include “associated forces” – essentially co-belligerents – of al-Qaeda, even though the bill does not include those words. Last year, the Washington Post reportedthat Obama administration officials were debating whether the AUMF could be stretched to include “associates of associates” of al-Qaeda, including groups like al-Nusra Front in Syria or Ansar al-Sharia in North Africa. Thus, Obama has shifted the war on terror’s goalposts and continued its perpetuity.

The AUMF is the legal linchpin for the United States’ global war on terror. It justifies the U.S. detention facility at Guantanamo Bay, indefinite detention, kill-or-capture raids, extraordinary rendition, and drone strikes. But it is not the only legal measure for doing so. Last year, a week before President Obama’s national security speech, Obama administration officials told the Senate that even without AUMF, the government could use other laws to continue lethal operations against suspected terrorists, such as self-defense under international law. While both states engage in perpetual war under the language of “fighting terror,” Israel’s battlefield mostly extends to the West Bank and Gaza Strip, while the United States’ is the entire world.

The Guantanamo Bay detention facility was opened in 2002, as the global war on terror began. When the U.S. invaded Afghanistan, it provided bounties to tribal allies and Pakistani security forces to capture anyone believed to be connected with al-Qaeda or the Taliban and send them to American forces. This led to large swaths of low-level fightersand guys at the wrong place at the wrong timegetting snatched up thanks to informants looking for money or scores to settle with their enemies. ASeton Hall study pointed out that only 5 percent of Guantanamo detainees were captured by U.S. forces, while 86 percent were captured by Pakistan or the Northern Alliance and handed to the United States.

Presently, there are 149 men detained in Guantanamo. Of those, 79 are cleared for release, 37 are designated for indefinite detention without charge or trial, 6 currently being tried in military commissions, and 36 who could go to trial. However, Guantanamo chief prosecutor Brig. Gen. Mark Martins told reporters last summer that 20 could be “realistically prosecuted.”

Recently, Defense Secretary Chuck Hagel told Congress that the military intends to release six Guantanamo detainees to Uruguay – four of whom are Syrian, one is Palestinian, and the other is Tunisian. All six have been cleared for release for over four years. This would bring the number of detainees cleared for release down to 73 and total Guantanamo inmate population to 143. Meanwhile, the U.S. government deems the indefinite detainees too difficult to prosecute, as there is little to no admissible evidence against them (some was obtained through torture), but too dangerous to release. According to Martins, these indefinite detainees will remain in Guantanamo “until the end of hostilities” against al-Qaeda, the Taliban, and “associated forces.” Thus making them prisoners of war in an endless war.

In 2012, President Obama signed the National Defense Authorization Act (NDAA), sections of which allow the military to indefinitely detain American citizens on US soil who allegedly “substantially supported al Qaeda, the Taliban, and associated forces.” When Obama stepped into office, he pledged to close the U.S. prison in Guantanamo. But the other half of his plan was less advertised. In order to close Guantanamo, Obama’s original plan was to to move some Guantanamo detainees to an Illinois prison. Moreover, his administration decided, early on, to continue utilizing indefinite detention, much to the chagrin of civil liberties groups. However, Congress, particularly members of the Republican Party, fought against this plan not out of opposition to indefinite detention but because they did not want “terrorists” on American soil. This past May, the Obama administration’s legal team told Congress that if Guantanamo detainees “were relocated to a prison inside the United States, it is unlikely that a court would order their release onto domestic soil,” reported The New York Times.

Despite the fear-mongering of releasing “terrorist” from Guantanamo, according to a New America Foundation study, only 4 percent of released Guantanamo detainees engage in “militant activities against U.S. targets.”

Abuses in Guantanamo, according to a 2006 Center for Constitutional Rights report, include beatings, shackling, solitary confinement, sexual harassment and rape, sleep deprivation, medical abuse, and religious and cultural humiliation. Some Guantanamo detainees were detained in secret CIA prisons before arriving at the U.S. military prison in Cuba. An ICRC report on the treatment of 14 “high value” detainees held in CIA black sites revealed that torture techniques in the secret prisons included sleep and food deprivation, playing of loud music, waterboarding, beatings, stress positions, cold temperatures and water, prolonged shackling, threats, and forced shaving. Around 100 detainees were held in CIA black sites and themajority of them were tortured. More

 

 

 

 

Did US intelligence tie Israel to 9/11?

Jonathan Cook

29 AUGUST 2014 Good to have Justin Raimondo at Anti-war.com set out the hugely suppressed but growing indicators that Israeli intelligence knew of the 9/11 attacks but failed to alert the Americans (while the Saudis were probably more directly involved in the attacks).

The definitive evidence is likely to be found in the censored 28 pages of the joint report of the intelligence committees of the two houses of Congress, as Raimondo highlights.

As to the Israeli interests at work in allowing 9/11 to take place, Raimondo misses revealing comments made by the two most senior Israeli intelligence officials at the time, statements I noted in my book “Israel and the Clash of Civilisations” (p. 103):

Israel’s National Security Adviser, General Uzi Dayan, and the head of the Mossad, Ephraim Halevy … reportedly told that year’s Herzliya conference [in 2001] that the 9/11 attacks were a ‘Hanukkah miracle’, offering Israel the chance to sideline and punish its enemies. Halevy spoke of the imminent arrival of ‘a world war different from all its predecessors’ and the emergence after 9/11 of a common perception combining ‘all the elements of Islamic terror into one clear and identifi able format’, creating ‘a genuine dilemma for every ruler and every state in our region. Each one must reach a moment of truth and decide how he will position himself in the campaign.’

Dayan, meanwhile, identified the targets, after Afghanistan, for the next stage of the regional campaign: ‘The Iran, Iraq and Syria triangle, all veteran supporters of terror which are developing weapons of mass destruction.’ He argued: ‘They must be confronted as soon as possible, and that is also understood in the US. Hezbollah and Syria have good reason to worry about the developments in this campaign, and that’s also true for the organizations and other states.’

Sounds like a rather accurate prediction of how things turned out, no?

The Haaretz article on 18 Dec 2001 that quoted the pair, written by Aluf Benn, now the paper’s editor-in-chief, was originally titled “For Israel, September 11 was a Hanukkah miracle”. The version on Haaretz that can now be found has excised all references to “Hanukkah” and “miracles”, and is under the much blander – and misleading – headline “Israel strives to import America’s war on terror“.

More likely, as I explain in my book, Israel tried to export to Washington, care of the neocons, its own “war on terror” – and its long-term designs for breaking up the Middle East into feuding sects and tribes. More

http://original.antiwar.com/justin/2014/08/28/did-certain-foreign-governments-facilitate-the-911-attacks/

 

 

 

 

Ukraine shows uselessness of NATO nukes in Europe

Many people in Germany, Belgium, and the Netherlands wonder why there are still US tactical nuclear weapons on their soil. These B-61 nuclear gravity bombs were stationed in Europe during the Cold War to deter the Soviet threat, but while this may (or may not) have once made sense, most pundits nowadays agree that at least from a military point of view, the weapons are irrelevant. More

Editorial

Given the tremendous damage the we humans have already done to the Earth, our home planet, the use of nuclear weapons in a conflict would be beyond insane.

We have already gone a long way to poisoning our atmosphere, making our oceans, one of the major sources of food, so acidic that we may be at a tipping point that will wipe out the shellfish and crustaceans that compose a large part of the ocean food chain. Fish stocks are in many areas depleted leading the FAO to suggest banning commercial fishing in some areas of some oceans.

We also have to face global heating which may bring with it changing rainfall patterns, which may lead to water and food shortages. Many inhabitants of our world are already living on barely enough food and water to keep them alive. Furthermore, the planetary population is growing and heading for nine billion by mid-century. Experts are questioning whether or not we will be able to feed this many.

We have to keep in mind that we have only this small fragile planet. A planet in a backwater of our local galaxy. There are no inhabitable worlds to go to nor the transport to get there on. If we do not take care and preserve our world, which will take a global effort to accomplish, the human race may perish. Think of your children and family members,your friends and colleagues If we use nuclear weapons all will certainly perish.

Chernobyl and Fukushima and all the nuclear testing carried out by the UN's P5 have spread more than enough nuclear pollution through the planet. A nuclear conflict would seal our fate.

Pope Francis said recently, “Even today we raise our hand against our brother… We have perfected our weapons, our conscience has fallen asleep, and we have sharpened our ideas to justify ourselves as if it were normal we continue to sow destruction, pain, death. Violence and war lead only to death”.

As H.H. 14th Dalai Lama said, “Peace does not mean an absence of conflicts; differences will always be there. Peace means solving these differences through peaceful means; through dialogue, education, knowledge; and through humane ways.” Editor

 

 

 

Tomgram: Ariel Dorfman, A Tale of Torture and Forgiveness

I’ll bet you didn’t know that June is “torture awareness month” thanks to the fact that, on June 26, 1987, the Convention Against Torture and other Cruel, Inhuman, and Degrading Treatment or Punishment went into effect internationally.

In this country, however, as a recent Amnesty International survey indicated, Americans are essentially living in Torture Unawareness Month, or perhaps even Torture Approval Month, and not just in June 2014 but every month of the year.

One simple fact of the post-9/11 era should make this clear and also boggle the mind, but has had almost no impact here. But for this you need a little background from the early years of what was once called the Global War on Terror. In addition to a stream of international kidnappings (euphemistically called “renditions”) of terror suspects, including completely innocent people the CIA snatched off the streets of global cities, as well as from the backlands of the planet and “rendered” into the hands of well-known torturing regimes (with the help of 54 other countries) and the setting up of a network of “black sites” or offshore prisons where anything went, the CIA tortured up a storm. And it did so at the behest of the top officials of the Bush administration, including the president and vice president who were convinced that it was time for Washington to “take the gloves off.” In those years, torture techniques were reportedly demonstrated in the White House to some of those officials, including the vice president and national security advisor. At the time, they went by the euphemistic, administration-approved term “enhanced interrogation techniques,” which was quickly picked up and used in the U.S. mainstream media in place of the word “torture” — though only when the enhanced interrogators were American, of course. The bad guys out there continued to “torture” in the usual fashion.

In the Obama years, torture was (at least officially) tossed out as a useful tactic. But the torturers themselves were given a pass, every last one of them, by the Justice Department, even two cases in which the CIA’s acts of enhancement had led to death. No charge was ever brought against anyone, including the Justice Department lawyers who wrote the tortured memos endorsing those techniques and redefining torture as only happening when the torturer meant it to, or the officials who green-lighted them. Think of the Obama administration then as Amnesty National. That administration did, however, have the guts to go after one man connected to the torture program, forced a plea deal from him, and sent him to jail for two years. I’m talking about former CIA agent John Kiriakou, the only person since 9/11 convicted of a torture-related crime. To be specific, his criminal act was to blow the whistle on his former employer's torture program to a journalist, revealing in the process the name of a CIA agent. That was considered such an indefensible act — in effect, an act of torture against the American security state — that justice, American-style, was done.

It’s quite a tortuous record when you think about it, not that anyone here does anymore, which is why we need TomDispatch regular Ariel Dorfman, author most recently of Feeding on Dreams: Confessions of an Unrepentant Exile, to remind us of what’s really at stake when one human being tortures another. Tom

How to Forgive Your Torturer

The River Kwai Passes Through Latin America and Washington

What a way to celebrate Torture Awareness Month!

According to an Amnesty International Poll released in May, 45% of Americans believe that torture is “sometimes necessary and acceptable” in order to “gain information that may protect the public.” Twenty-nine percent of Britons “strongly or somewhat agreed” that torture was justified when asked the same question.

For someone like me, who has been haunted by the daily existence of torture since the September 11, 1973 coup that overthrew Chilean President Salvador Allende, such percentages couldn’t be more depressing, but perhaps not that surprising. I now live, after all, in the America where Dick Cheney, instead of being indicted as a war criminal, sneeringly (and falsely) claims to anyone who asks him — and he is trotted out over and over again as the resident expert on the subject — that “enhanced interrogations” have been and still are absolutely necessary to keep Americans safe.

As for those Americans and Britons — and so many others around the world — who find such horrors justifiable, I wonder if they have ever met a victim of torture? Or do they think this endless pain is only inflicted on remote and dangerous people caught up in unfathomable wars and savage conflicts? If so, they should think again.

When I read these sorts of statistics a scene comes back to me. I remember a man I met 20 years ago, not in my native Latin America or in faraway lands where torture is endemic, but in the extremely English town of Berwick-upon-Tweed.

Everybody in the room that day was crying, except for the man who had moved us all to tears, the former prisoner of war whom my son Rodrigo and I had traveled thousands of miles to meet. We had hoped to do justice to his story in a biopic, Prisoners in Time, that the BBC wanted to make for television — based on the same autobiographical material used recently in The Railway Man, the film starring Colin Firth and Nicole Kidman now showing in theaters across America.

And what an extraordinary story it was!

Eric Lomax, a British officer in World War II, had been tortured by the Japanese in Thailand while working on the infamous Bangkok-Burma railroad, the one most people know about through another film, The Bridge on the River Kwai. Eric, like so many victims of atrocities, was plagued by the experience, his life destroyed by memories of his agony and the desire for revenge. What differentiated him from so many others persecuted worldwide was not only that, more than 40 years later, he tracked down the man he held responsible for his suffering, the anonymous interpreter at his beatings and waterboardings, but the astounding fact that this tormentor, Takashi Nagase, once found and identified, turned out to be a Buddhist monk. Nagase had spent the postwar decades denouncing his own countrymen for their crimes and trying to atone for his role in the atrocities he had helped commit by caring for innumerable orphans of the Asians who had died building that railroad. The one scorching image from the war he could not escape was that of a brave young British lieutenant over whose torture he had presided and whom he had presumed to be dead. More