Stanford Anti-War Alumni, Students Call for Condi War Crimes Probe

During the Vietnam War, Stanford students succeeded in banning secret military research from campus. Last weekend, 150 activist alumni and present Stanford students targeted Condoleezza Rice for authorizing torture and misleading Americans into the illegal Iraq War.

Veterans of the Stanford anti-Vietnam War movement had gathered for a 40th anniversary reunion during the weekend. The gathering featured panels on foreign policy, the economy, political and social movements, science and technology, media, energy and the environment, and strategies for aging activists.

On Sunday, surrounded by alumni and students, Lenny Siegel and I nailed a petition to the University President’s office door. The petition, circulated by Stanford Says No to War, reads:

“We the undersigned students, faculty, staff, alumni, and other concerned members of the Stanford community, believe that high officials of the U.S. Government, including our former Provost, current Political Science Professor, and Hoover Institution Senior Fellow, Condoleezza Rice, should be held accountable for any serious violations of the Law (included ratified treaties, statutes, and/or the U.S. Constitution) through investigation and, if the facts warrant, prosecution, by appropriate legal authorities.”

I stated, “By nailing this petition to the door of the President’s office, we are telling Stanford that the university should not have war criminals on its faculty. There is prima facie evidence that Rice approved torture and misled the country into the Iraq War. Stanford has an obligation to investigate those charges.”

After the petition nailing, I cited the law and evidence of Condoleezza Rice’s responsibility for war crimes - including torture - and for selling the illegal Iraq War:



As National Security Advisor, Rice authorized waterboarding in July 2002, according to a newly released report of the Senate Intelligence Committee. Less than two months later, she hyped the impending U.S. invasion of Iraq, saying, “We don’t want the smoking gun to be a mushroom cloud.” Her ominous warning was part of the Bush administration’s campaign to sell the Iraq war, in spite of the UN International Atomic Energy Agency’s assurances that Saddam Hussein did not possess nuclear weapons.

A week before the nailing of the petition, Rice made some Nixonian admissions in response to questions from Stanford students during a campus dinner designed to burnish Rice’s image on campus.

In October 1968, Stanford anti-war activists had nailed a document to the door of the trustees’ office which demanded that Stanford “halt all military and economic projects concerned with Southeast Asia.”

If you have had any affiliation with Stanford, please sign the petition at http://www.stanford.edu/group/antiwar/crpetition.html.

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Condi Channels Nixon: If the President Says So, It’s Not Illegal

On April 27, Condoleezza Rice had a brief Q & A with some Stanford students:


Condi was extremely uncomfortable, defensive and nervous. She was rude to the first student, interrupted him and yelled at him.

When asked by another student about a recent report that she authorized waterboarding, Condi said, “I didn't authorize anything. I conveyed the authorization of the administration to the agency [CIA] that they had policy authorization subject to the Justice Department’s clearance.”

The kicker was when she was asked whether waterboarding is torture. She replied, "By definition, if it was authorized by the President, it didn't violate our obligations under the Convention against Torture."

Richard Nixon: “If the president does it, it's not illegal.”

John Yoo, in a 2005 debate with Notre Dame professor Doug Cassel: There is no law that could prevent the President from ordering that a young child of a suspect in custody be tortured, even by crushing the child's testicles.

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Torture Used to Try to Link Saddam with 9/11

When I testified last year before the House Judiciary Committee’s Subcommittee on the Constitution, Civil Rights, and Civil Liberties about Bush interrogation policies, Congressman Trent Franks (R-Ariz) stated that former CIA Director Michael Hayden had confirmed that the Bush administration only waterboarded Khalid Sheikh Mohammed, Abu Zubaydah, and Abd al-Rahim al-Nashirit for one minute each. I told Franks I didn’t believe that. Sure enough, one of the newly released torture memos reveals that Mohammed was waterboarded 183 times and Zubaydah was waterboarded 83 times. One of Stephen Bradbury’s 2005 memos asserted that “enhanced techniques” on Zubaydah yielded the identification of Mohammed and an alleged radioactive bomb plot by Jose Padilla. But FBI supervisory special agent Ali Soufan, who interrogated Zubaydah from March to June 2002, wrote in the New York Times that Zubaydah produced that information under traditional interrogation methods, before the harsh techniques were ever used.

Why, then, the relentless waterboarding of these two men? It turns out that high Bush officials put heavy pressure on Pentagon interrogators to get Mohammed and Zubaydah to reveal a link between Saddam Hussein and the 9/11 hijackers, in order to justify Bush’s illegal and unnecessary invasion of Iraq in 2003, according to a newly released report of the Senate Armed Services Committee. That link was never established.

The Senate Intelligence Committee revealed that Condoleezza Rice approved waterboarding on July 17, 2002 “subject to a determination of legality by the OLC.” She got it two weeks later from Jay Bybee and John Yoo. Rice, Dick Cheney, John Ashcroft, Alberto Gonzales and George Tenet reassured the CIA in spring 2003 that the abusive methods were legal.

Team Bush claimed - and still claims - that it had to use harsh techniques to protect us from the terrorists. They really sought to create evidence to rationalize an illegal, unnecessary, and tragic war.

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Willful Blindness

On Friday morning, as I traveled north on Interstate 5, I passed two tractor-trailers heading south toward the 32nd Street Naval Station in downtown San Diego. Each vehicle carried about 10 unmarked bombs; each bomb was approximately 15 feet long. Two military helicopters hovered low above each tractor-trailer, providing overhead escort.

I wondered where these bombs were headed. They must have been in a big hurry because they usually ship their bombs more covertly.

Israel had just put out an S.O.S. to the United States government to rush over several more bombs. "The decision to quickly ship the weapons to Israel was made with relatively little debate within the Bush administration," according to the New York Times. Although always well-equipped with sophisticated US-made weapons, Israel was evidently running out of munitions to drop on the Lebanese people.

Washington loses no opportunity to scold Iran and Syria for providing weapons to Hezbollah.

Yet during the Bush administration, from 2001 to 2005, Israel received $10.5 billion in Foreign Military Financing - the Pentagon's biggest military aid program - and $6.3 billion in US arms deliveries. Israel is the largest recipient of US foreign military assistance.

It is a violation of the US Arms Export Control Act to provide weapons to foreign countries that are not used for defensive purposes or to maintain internal security. During the last major Israeli incursion into Lebanon, in 1981, the Reagan administration cut off US military aid and arms deliveries for 10 weeks while it investigated whether Israel was using weapons for "defensive purposes."

Last week, both houses of Congress, mindful of the importance of retaining Jewish votes and campaign contributions, passed resolutions stating that Israel is acting in self-defense. The vote in the Senate was unanimous; the House vote was 410 to 8.

Walking in lockstep with Bush, neither resolution calls for a ceasefire. The Senate resolution praises Israel for its "restraint" and the House resolution "welcomes Israel's continued efforts to prevent civilian casualties."

US-provided Israeli bombs have killed nearly 400 Lebanese, the overwhelming majority innocent civilians. The bombing has displaced half a million people and caused an estimated $1 billion in damage.

After Israeli orders that people in southern Lebanon evacuate their homes, several vehicles filled with evacuating Lebanese civilians were bombed by the Israeli military.

An Israeli helicopter fired a missile at a white minibus carrying 19 people fleeing Tairi. Three people were killed and several wounded.

A green Mercedes with a family fleeing Mansuri was struck by an Israeli missile. Three lay dead, others severely injured. Eight-year-old Mahmoud Srour's face was burned beyond recognition.

As Zein al-Abdin Zabit evacuated with his wife and four sons, his white Nissan was hit by an Israeli missile. "It's nothing more than revenge, revenge on civilians," Zabit said as he lay in bed with broken ribs.

Human Rights Watch confirmed yesterday that Israel is using artillery-delivered cluster munitions in populated areas of Lebanon. "Cluster munitions are unacceptably inaccurate and unreliable weapons when used around civilians," said Kenneth Roth, executive director of Human Rights Watch. "They should never be used in populated areas."

The use of cluster munitions in populated areas in Iraq caused more civilian casualties than any other factor in the US-led coalition's major military operations in March and April 2003, killing and wounding more than 1,000 Iraqi civilians, HRW reported.

HRW photographed US-produced/US-supplied cluster bombs among the arsenal of Israel Defense Forces artillery teams stationed on the Israeli-Lebanese border during a July 23 research visit.

Independent journalist Dahr Jamail reported that the Lebanese Ministry of Interior has confirmed the Israelis have used the incendiary white phosphorous gas. This is a chemical weapon, much like napalm, that can burn right down to the bone. The US military used white phosphorous in Fallujah, Iraq.

Article 35 of Protocol I to the Geneva Conventions prohibits the use of weapons "of a nature to cause superfluous injury or unnecessary suffering." Cluster bombs and white phosphorous fall into this category.

Bilal Masri, assistant director of the Beirut Government University Hospital, told Jamail, "The Israelis are using new kinds of bombs, and these bombs can penetrate bomb shelters," Masri added. "They are bombing the refugees in the bomb shelters!"

Masri also said that 55 percent of the casualties are children under 15 years of age.

It is a violation of the laws of war to target civilians. "A fundamental rule of international humanitarian law is the obligation to distinguish between civilians and civilian property on one hand and military targets on the other," Nada Doumani, Middle East spokesperson for the International Committee of the Red Cross told Aljazeera.net. "Under no circumstances, can civilians and public and private property be deliberately attacked. All parties in the conflict have to abide by these rules."

Doumani quoted ICRC Director of Operations Pierre Krahenbuhl, who said: "The high number of civilian casualties and the extent of damage to essential public infrastructure raise serious questions regarding respect for the principle of proportionality in the conduct of hostilities."

Nearly every report from the corporate media seeks to find symmetry in this war. When an outlet covers the massive devastation in Lebanon and increasing numbers of Lebanese civilians killed by Israeli bombs, it is careful to juxtapose reports of Hezbollah rockets fired into Israel.

Jan Egeland, the United Nations emergency relief chief, however, called the "disproportionate response" by Israel to Hezbollah's actions "a violation of international humanitarian law." Egeland, who characterized the devastated areas of Lebanon as "horrific," said Israel is denying access to relief operations.

At least 384 people have been killed in Lebanon, including 20 soldiers and 11 Hezbollah fighters. Israel's death toll is at least 40, with 17 people killed by Hezbollah rockets and 23 soldiers killed in the fighting.

On Monday, a high-ranking Israeli Air Force officer told reporters that Israeli Defense Forces Chief of Staff Lt.-Gen. Dan Halutz had ordered the military to destroy 10 buildings in Beirut in retaliation for every Katyusha rocket strike on Haifa by Hezbollah.

Last week, several Jewish organizations and Christian Zionists lobbied the White House to support Israel.

Bush complied, giving Israel at least another week to continue slaughtering the Lebanese people.

While Bush stood by and watched the humanitarian catastrophe Israel is wreaking in Lebanon, Condoleezza Rice traveled there and met with Fuad Siniora, the Lebanese prime minister.

Rice's visit was an "important show of support for the Lebanese public and the Siniora government," a US official said Monday. The official told reporters traveling with Rice, "The fact we are going to go right into Beirut after all that has happened is a pretty dramatic signal to Lebanon and their government."

It would be much more dramatic for Bush-Rice to call a halt to the carnage. When Helen Thomas asked White House spokesman Tony Snow why the President opposed a ceasefire, he rudely thanked her for her "Hezbollah view."

Bush could stop Israel in its tracks with a snap of his fingers. But why would he? Israel is doing Bush's bidding - redrawing the map of the Middle East to facilitate US domination. Bush began that task with Iraq; Israel is following suit with Palestine and Lebanon.

Indeed, Bush is hoping Israel's next stop will be Iran or Syria. A July 21 list of talking points from the White House Office of the Press Secretary referred to a Los Angeles Times op-ed by Max Boot titled, "It's Time to Let The Israelis Take Off the Gloves."

The White House release contained this quote from Boot's piece: "Our best response is exactly what Bush has done so far - reject premature calls for a cease-fire and let Israel finish the job."

That quote was preceded by this language: "Iran may be too far away for much Israeli retaliation beyond a single strike on its nuclear weapons complex. (Now wouldn't be a bad time.) But Syria is weak and next door. To secure its borders, Israel needs to hit the Assad regime. Hard. If it does, it will be doing Washington's dirty work."

We turn a blind eye at our peril.

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Bush Setting up Attack on Iran

Now that the mission - whatever it was - has not been accomplished in Iraq, Bush is setting up a potentially bigger disaster in Iran.

Last month, Seymour Hersh revealed that the US military is making preparations for an attack on Iran. Recent events confirm Hersh's report.

The Bush administration is stepping up the pressure on the Security Council to pass a resolution that the US will use to justify an invasion. John Bolton, the US ambassador to the United Nations, is pushing Council members to vote on a resolution this week.

Hersh wrote, "There is a growing concern among members of the United States military, and in the international community, that President Bush's ultimate goal in the nuclear confrontation with Iran is regime change."

A former defense official who still advises the Bush administration told Hersh that the military planning is grounded in the belief that "a sustained bombing campaign in Iran will humiliate the religious leadership and lead the public to rise up and overthrow the government."

This reasoning is counter-intuitive. Iranians who become the victims of US aggression are much more likely to rally around the Islamic fundamentalist regime in Iran and fight to expel the foreign infidels.

"Air Force planning groups are drawing up lists of targets, and teams of American combat troops have been ordered into Iran, under cover, to collect targeting data and to establish contact with anti-government ethnic-minority groups," Hersh learned from current and former American military and intelligence officials.

One of the military proposals calls for the use of bunker-buster tactical nuclear weapons against underground nuclear sites. That would mean "mushroom clouds, radiation, mass casualties, and contamination over years," a former senior intelligence official informed Hersh.

A Pentagon adviser said the Air Force would strike many hundreds of targets in Iran, 99 percent of which have nothing to do with nuclear proliferation.

It would not just be Iranians who take the hits, the Pentagon adviser told Hersh. "If we go [into Iran]," he said, "the southern half of Iraq will light up like a candle." Our troops in Iraq would be at risk of retaliation from Iran and the Muslim world, according to the Washington Post.

Mohammad Ebrahim Dehghani, an Iranian Revolutionary Guards commander, said Tuesday that in response to an invasion of Iran by the United States, Iran's first target would be Israel.

Once again, Team Bush is whipping the media - and its consumers - into a frenzy of fear, this time against a nuclear Iran.

Two weeks ago, Condoleezza Rice said that Bush administration officials "have to be concerned when there are statements from Iran that Iran would not only like to have this technology but would share it, share technology and expertise." Rice also said, "We can't let this continue."

Never mind that Western nuclear scientists said last month that Iran lacks the skill, material and equipment to fulfill its immediate nuclear ambitions, the New York Times reported.

Once again, a "preventive" war initiated by Bush would violate the United Nations Charter, which forbids the use of armed force against another country unless it poses an imminent threat, or when the Security Council authorizes an attack.

Bush is following the same route he took on the way to regime change in Iraq. He pressured members of the Security Council for a resolution threatening Iraq. The Council passed Resolution 1441. France, Russia and China issued a joint statement specifying, "Resolution 1441 (2002) adopted today by the Security Council excludes any automaticity in the use of force." In other words, the US would have to return to the Council to secure authorization to invade Iraq.

Bush was unable to secure a second resolution from the Council that would authorize an attack on Iraq. So Bush rationalized his invasion by cobbling together Resolution 1441 and two prior Council resolutions from the Gulf War. None of these, separately or collectively, provided a legal basis for Bush's war on Iraq.

A draft Security Council resolution on Iran, which is supported by Britain, France and the US, was circulated on Wednesday. The next day, French Prime Minister Dominique de Villepin said, "My conviction is that military action is certainly no solution." Russia and China, the other two permanent members of the Security Council, concur with de Villepin's sentiments.

But, as it did in Iraq, the British government would likely support Bush if he decides to attack Iran.

Tony Blair has signaled his support of a US military strike, warning that ruling out military action would send a "message of weakness" to Iran.

Last month, Britain's then foreign secretary, Jack Straw, branded the idea of a nuclear strike on Iran as "completely nuts." He said military action against Iran was "inconceivable," and warned his Cabinet colleagues that it would be illegal for Britain to support US military action against Iran.

On Friday, Straw was rewarded for his candor with removal from his position as foreign secretary. Both the Independent and the Guardian in London wrote that Straw's "fate was sealed" after an angry call from the White House to Blair. The Independent reported that friends of Straw believe Bush was extremely upset at Straw's comment that the use of nukes against Iran was "nuts."

When asked a few days ago about the possibility of a nuclear strike on Iran, Bush stated unequivocally, "All options are on the table."

The Bush administration is undoubtedly pushing the draft resolution as a step along the way to its unilateral use of armed force against Iran.

The draft states that the Council would be "acting under Chapter VII" of the UN Charter. This means that it would be based on a finding of a threat to international peace and security, would be legally binding, and could be the basis for the later imposition of sanctions or the authorization of force.

Yury Fedotov, the Russian ambassador in London, explained that Russia opposed the Chapter VII reference because it is reminiscent of past resolutions on Iraq and Yugoslavia that led to US-led military action which had not been authorized by the Security Council.

"We have serious doubts sanctions would work," Fedotov said. "[They] could pave the way to a military action. The military option is a nonsense. It's [an] adventure that could threaten international stability in this region and beyond."

Indeed, there is no basis for a finding that Iran poses a threat to international peace and security, according to John Burroughs, Executive Director of the Lawyers' Committee on Nuclear Policy.

Although the International Atomic Energy Agency found Iran to be in non-compliance with some requirements of the non-proliferation and disarmament regime, the IAEA has clearly said there is no evidence that Iran has diverted its declared nuclear materials to weapons.

President Mahmoud Ahmedinajad, who is not necessarily the controlling power in Iran, has engaged in belligerent rhetoric. "This is deplorable," says Burroughs, "but it does not establish a threat to the peace. There has also been belligerent rhetoric coming from Israel and the United States."

Given the stakes, it would seem logical that the Bush administration would pursue a diplomatic solution and avoid another disastrous conflagration in the Middle East.

Hugh Porter reported in Asia Times that even Ahmedinajad is amenable to negotiation. The Iranians, he writes, are willing to compromise on enrichment if they can achieve security guarantees against attack.

But Bush refuses to talk to Iran's leadership. Richard Armitage,deputy secretary of state in Bush's first term, warns that "diplomacy is not simply meant for our friends. It is meant for our enemies."

When he inaugurated Iran into his "axis of evil," Bush defined Iran as our enemy. Sanctions, or an attack, on Iran would hurt the Iranian moderates, whom the US should view as allies.

Moreover, invading Iran may well achieve precisely the opposite of what it portends to do. Joseph Cirincione of the Carnegie Endowment for International Peace maintains it would strengthen Iran's resolve to develop nukes. It "is almost certain to accelerate a nuclear bomb program rather than destroy it." Cirincione said, "It's clear to me there's no military solution to the Iran problem."

Bush's threatened aggression against Iran is no more about nuclear weapons than Iraq was about weapons of mass destruction. It is propelled by an agenda of the neo-conservatives and Washington's pro-Israel lobby. The US seeks to control the entire Middle East and its valuable oil deposits by changing Iran's regime, installing a US-friendly government, and building permanent US military bases.

It's deja vu with the 1953 CIA coup that removed the democratically-elected Mossadeq and installed the tyrannical Shah of Iran. After 25 years of tyranny, the Iranian people rose up and removed the Shah from power, replacing him with Ayatollah Khomeini's theocracy. The chickens came home to roost.

Bolton said Saturday, "We are still working to achieve unanimity [in the Security Council] ... but we're prepared to go to a vote without it."

It is time to take the military option against Iran off the table.

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US Pulls the Strings in Haiti

Laden with heavy security, Secretary of State Condoleezza Rice paid a quick visit to Haiti on Tuesday. Her mission: to reassure Haiti's interim government that the United States wants the elections to go forward in November, and to see to it that President Jean-Bertrand Aristide does not return to Haiti.

Once again, the US is manipulating Haiti.

On February 29, 2004, the United States had forcibly removed President Aristide from Haiti, then maintained that he voluntarily resigned. President Aristide had been elected with 80 percent of the vote. True to form, the Bush administration, which claims to love democracy, engineered a coup d'etat and removed a democratically-elected leader of another country.

The Aristides are now in South Africa, which granted them asylum. On August 31, President Aristide issued a statement, cautioning that free and fair elections could not take place in Haiti until the thousands of Lavalas [the pro-Aristide party comprised mostly of Haiti's poor] who are in jail and in exile are free to return home, the repression that has already killed over 10,000 people ends immediately, and national dialogue begins.

President Aristide asked, "In 1994, who could have expected free, fair and democratic elections in South Africa with Nelson Mandela, Govan Mbeki, Oliver Tambo and other leaders and members of the African National Congress in jail, exile or in hiding?"

Two prominent Lavalas leaders are in jail. Rev. Fr. Gérard Jean Juste, who has been in custody for two months, was declared a prisoner of conscience by Amnesty International. More than 400 interfaith religious leaders have signed a letter asking for Fr. Jean Juste's release. Former Prime Minister Yvon Neptune has been jailed for 16 months, with no charges against him. Both men are in frail health.

The United Nations maintains a peacekeeping force of 8,000 in Haiti. I asked Mildred Aristide, the President's wife, what role the UN has played in Haiti's problems. She told me: "Before the coup in February 2004 - up until that very day - the constitutional government requested assistance from the UN to help defend Haitians from the murderous band of former soldiers, drug dealers, and thugs who were set on destabilizing the country and killing innocent people."

How did the UN respond? It "stood by and allowed a democratically elected President, along with nearly 7,000 elected officials, to be removed from office," Mrs. Aristide said. Only then, she added, did the UN vote to send an intervention force to Haiti.

"Credible reports of UN complicity in human rights abuses have surfaced," Mrs. Aristide noted. "The UN has been forced to investigate allegations. The Haitian Police distribute machetes to hooded attachés, gun down innocent demonstrators, systematically raid poor slums, disappear prisoners turned over to them by the UN - all under the official sanction of the UN which voted to exercise control over the police."

Referring to the police and the UN, Mrs. Aristide said, "The people of Haiti who are under siege are hard pressed to see any distinction among their repressors." Both Haiti's police and the UN force are enabled by United States political and economic clout.

When Rice was in Haiti Tuesday, she made clear the US does not want President Aristide to return to Haiti. "The Haitian people are moving on," Rice said.

But things in Haiti are not going according to "script," says Mrs. Aristide. Roger Noriega, assistant secretary of state for Western Hemisphere affairs in the State Department, resigned. In August, Haiti's interim government released the imprisoned Louis-Jodel Chamblain, a leader of the vicious Front for the Advancement and Progress of Haiti (FRAPH), a paramilitary group blamed for thousands of killings during the military dictatorship that ruled Haiti after forcing President Aristide from power in 1991. James B. Foley, the US Ambassador to Haiti, left his post in August for unknown reasons. Foley called Chamblain's release a "sham," especially in light of Neptune's continued incarceration with no evidence against him. Foley characterized Neptune's detention as "a violation of human rights, an injustice and an abuse of power."

"Kidnappings, murder and other crimes have become widespread in Haiti since the interim government came to power a year-and-a-half ago," Rep. Maxine Waters (CA) said in an August statement.

On August 20, police accompanied by machete-wielding civilians attacked a soccer crowd of thousands, shooting or hacking to death at least six and as many as 30 spectators. "Our tax dollars were at both ends of the killing," Brian Concannon, Director of the Institute for Justice and Democracy in Haiti, told the Congressional Black Caucus last week. "The soccer game was sponsored by a USAID program, to promote peace in the neighborhood. The US also sponsors the killers, the Haitian National Police, by providing guns and weapons despite a consistent history of police killing over the last 18 months."

"Roads and infrastructure have fallen into disrepair, and public services have virtually disappeared. The interim government has done nothing to stem the growing violence in the country, and it has done nothing to make millions of dollars in promised aid from international donors available to the Haitian people," said Rep. Waters. "Just about the only thing the interim government has done is jail hundreds of political prisoners."

Since President Aristide's ouster, thousands of people have demonstrated to protest the horrific conditions, and the interim government has responded with violence against the people. Spurred by the US to take a more "proactive role" in going after armed pro-Aristide gangs, UN troops have engaged in "a wave of Fallujah-like collective punishment inflicted on neighborhoods known for supporting Aristide," according to Naomi Klein.

The International Crisis Group (ICG) has documented that 18 months after President Aristide was forced out of the country, Haiti remains insecure and volatile. Much of the population displays "disenchantment, apathy and ignorance about the electoral process," the ICG found.

The IGC reported that "a week before the scheduled close of registration, only 870,000 [of 4 million] potential voters had registered, and none had yet received the new national identity card required to vote."

Although Rice tried to put a positive gloss on Haiti's prospects for fair and free elections, "Haiti is in the midst of a comprehensive program of electoral cleansing," said Concannon. "Its ballots are being cleansed of political dissidents, its voting rolls cleansed of the urban and rural poor. The streets are being cleansed of anti-government political activity," he said.

Lavalas supporters have said they will not participate in the elections unless political prisoners are released, political persecutions are ended, and President Aristide is returned to Haiti. Senior officials at Canada's Foreign Affairs Department admit that Lavalas remains Haiti's most popular party. Thus, an election without Lavalas would be sham.

On June 28, the House of Representatives passed Rep. Barbara Lee's resolution to block arms transfers to Haiti. The State Department responded by announcing on August 9 that it would send $1.9 million worth of guns and other equipment to the police before the elections and presumably before the Senate could vote on the resolution, according to Concannon.

Rep. Waters' proposed amendment to H.R. 2601 provides good standards for evaluating conditions in Haiti as the elections approach, in Concannon's opinion. It requests adequate security, disarmament of paramilitary groups, and trials or release for the political prisoners. Concannon stresses the importance of the opportunity to vote, to organize, and to campaign.

Haitians are still demonstrating in spite of the repression. Haitian democracy supporters are planning a demonstration in Port-au-Prince tomorrow to commemorate the anniversary of the 1991 coup against President Aristide, which they have done every September 30 since 1996. The interim government has outlawed all demonstrations until October 2. That decree "is as unconstitutional in Haiti as it would be in the US and most other countries," said Concannon.

Demonstrations and other Haiti solidarity events will be held in 38 cities in 14 countries on or around September 30.

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Enforcing US Human Rights Laws

Challenging US Human Rights Violations Since 9/11
Ann Fagan Ginger, ed., Prometheus Books, 2005, 574 pp.

The Bush administration is using the terrorist attacks of September 11, 2001, as an excuse to launch a massive assault on the human rights of people throughout the world. From the invasions of Afghanistan and Iraq, to the torture and inhuman treatment of prisoners in US custody, and the insidious profiling and harassment of Arabs and Muslims in the US, Team Bush has engaged in unprecedented violations of US and international law, under the guise of fighting "the war on terror."

Bush has done nothing to hide his contempt for the United Nations and our treaty commitments, which are part of US law under the Constitution. When Security Council approval for his war on Iraq was not forthcoming, Bush threatened the UN with becoming "irrelevant." Nothing exemplifies Bush's disdain for the United Nations better than his nomination of John Bolton, avowed UN-hater, for US ambassador to the UN. And although the 60-year anniversary of the founding of the United Nations will take place later this month, Secretary of State Condoleezza Rice and former President George H.W. Bush will not attend, and George W. Bush has not announced that he plans to travel to San Francisco for this momentous occasion.

The administration's terrorizing of people at home and abroad has been chronicled by Prof. Ann Fagan Ginger, Executive Director of Meiklejohn Civil Liberties Institute, in her new book, Challenging US Human Rights Violations Since 9/11. For the first time, a listing of Team Bush's breaches of our laws since Sept. 11 has been amassed in one place. Ginger presents reports of 180 alleged violations, in 30 categories, by the White House; the Pentagon; the Departments of State, Justice, and Labor; the FBI; the Attorney General; immigration officials; and state and local police against people in the United States, Iraq, Afghanistan, Guantánamo Bay, and elsewhere. Each report includes the sources for the allegation, and each section lists the specific US and international laws allegedly violated.

In this unique book, Ginger has collected reports on the basic rights of all peoples under US jurisdiction: the right not to be killed or disappeared; the right not to be tortured or ordered to torture; the right peaceably to assemble and petition the government; the right to equal protection regardless of race or national origin; the right to equal protection for women; the right to free exercise of religion; the right of the media to report facts and not be killed; the right to privacy vs. surveillance and registration; the right of libraries not to report on readers; the right of universities to accept foreign scholars and students; and the right to travel.

Some examples of violations include the "disappearing" of 3,000 men in Afghanistan after the fall of the Taliban; the use of napalm in Iraq, cluster bombs in Afghanistan, and depleted uranium in both Iraq and Afghanistan; the killing and torture of prisoners in Iraq, Afghanistan, Guantánamo, and abuse of prisoners in US prisons; the arrest of animal rights activists, hailed by the Bush administration as a blow against terrorism; the pepper spraying of environmental and antiwar activists in Portland, OR; the firing of journalists for criticizing Bush; and the failure of the US government to comply with its duty to report human rights violations to the US Civil Rights Commission, the Inter-American Commission on Human Rights of the Organization of American States, and the UN Human Rights Committee. Judge Richard Margolis said he personally saw police commit 20 felonies during anti-globalization demonstrations in Miami.

The US government has corresponding duties to we-the-people, also listed in Ginger's reports. They include the duty to count the votes accurately and report to the people honestly; the duty to obey the Constitution, the law of nations, and the laws of war; the duty to protect people's rights; the duty to properly fund the general welfare; and the duty to report violations to Congress and the UN.

Ginger cites the specific laws violated, and documents what people are doing to challenge those violations, both in the courts and in the political arena. She provides the basic text of the US Constitution, the UN Charter, and other ratified human rights and antinuclear weapons treaties. The specific statutes at issue, including the Patriot Act, are listed in each report.

The City Council of Berkeley, CA passed a resolution to submit Ginger's reports to the UN High Commissioner for Human Rights. On March 31, representatives of the National Lawyers Guild, Lawyers Committee on Nuclear Policy, Gold Star Families for Peace, and Center for Constitutional Rights, whose work is memorialized in the reports, were on hand for the presentation in New York.

Ann Fagan Ginger has compiled a shocking compendium of human rights violations by the Bush administration. But, unlike prior works, she presents remedies for these transgressions in a well-organized book accessible to activists, lawyers, students, teachers, union members, government officials and judges. This gripping work is an indispensable tool for citizens and lawyers defending civil liberties in the era of the Patriot Act and the War on Terrorism. Prof. Ginger is making several presentations per week, inviting listeners to share their experiences of violations, and fight backs, following some of the new paths for action in the book. She can be contacted at MCLI@mcli.org.

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Torture of Prisoners in U.S. Custody

Major General Geoffrey Miller, the American commander in charge of detentions and interrogations at Abu Ghraib prison in Iraq, recently conducted an overnight tour of the facility for journalists.

He proudly displayed "Camp Liberty" and "Camp Redemption," newly renovated in response to the torture scandal unleashed by the release of the disgusting photographs last spring.

Under the new system in place at Abu Ghraib, an interrogation plan is submitted to a lawyer for approval before any interrogation begins. The time required to process prisoners has been reduced from 120 to 50 days. Since July, 60% of the reviews have lead to releases.

Three hundred Iraqi prisoners were released on one day in September. Each walked away with $25 and a 12-page glossy pamphlet on Iraq's interim government.

General Miller, the tour guide, oversaw interrogations at the United States prison at Guantánamo Bay, Cuba. He had been sent to Abu Ghraib last fall to transfer his interrogation system from Cuba to Iraq. It was on his watch that the worst mistreatment, depicted in the publicized photos, occurred.

Several official reports were written with more disturbing revelations. The International Committee of the Red Cross documented 70 - 90 % of those held at Abu Ghraib were there by mistake.

The reaction of the Bush administration to the revelations of torture was to prosecute seven low ranking soldiers.

In spite of calls for investigation of Secretary of Defense Donald Rumsfeld and President George W. Bush for complicity in the mistreatment, the prison torture scandal has been on the back burner in the national discourse.

The September release of Seymour Hersh's book Chain of Command: The Road from 9/11 to Abu Ghraib, however, has put the issue back on the radar screen.

Rumsfeld testified before the Senate Armed Services Committee that his department was alerted to the abuse of prisoners at Abu Ghraib in January 2004. Rumsfeld told Bush in February about an "issue" involving mistreatment of prisoners in Iraq, according to a Senior White House aide.

These claims are disingenuous. The roots of Abu Ghraib, writes Hersh, lie in the creation of the "unacknowledged" special-access program (SAP) established by a top-secret order signed by Bush in late 2001 or early 2002. The presidential order authorized the Defense Department to set up a clandestine team of Special Forces operatives to defy international law and snatch, or assassinate, anyone considered a "high-value" Al Qaeda operative, anywhere in the world.

Rumsfeld expanded SAP into Iraq in August 2003. It was Rumsfeld who approved the use of physical coercion and sexual humiliation to extract information from prisoners. Rumsfeld and Bush set this system in motion long before January 2004. The mistreatment of prisoners at Abu Ghraib was part of the ongoing operation.

Hersch quotes a CIA analyst who was sent to the U.S. military prison at Guantánamo in late summer of 2002, to find out why so little useful intelligence had been gathered. After interviewing 30 prisoners, "he came back convinced that we were committing war crimes in Guantánamo."

By fall 2002, the analyst's report finally reached General John A. Gordon, the deputy national security adviser for combating terrorism, who reported directly to national security adviser Condoleezza Rice. Gordon was deeply distressed by the report and its implications for the treatment of captured American soldiers. He also thought "that if the actions at Guantánamo ever became public, it'd be damaging to the president."

Gordon passed the report to Rice, who called a high-level meeting in the White House situation room. Rumsfeld, who had been encouraging his soldiers to get tough with prisoners, was present at the meeting. Yet Rice asked Rumsfeld "what the issues were, and he said he hadn't looked into it." Rice urged him to look into it: "Let's get the story right," she declared.

A military consultant with close ties to Special Operations told Hersh that war crimes were committed in Iraq and no action was taken. "People were beaten to death," he said. "What do you call it when people are tortured and going to die and the soldiers know it, but do not treat their injuries?" the consultant asked rhetorically. "Execution," he replied to his own question.

We should have seen it coming. In Bush's January 2003 State of the Union Address, he said: "All told, more than 3,000 suspected terrorists have been arrested in many countries, and many others have met a different fate." He added, "Let's put it this way. They are no longer a problem for the United States and our friends and allies."

Bush was admitting he had sanctioned summary execution, in direct violation of international, and United States, law.

The Bush administration has also admittedly engaged in the illegal practice of rendition, where people are sent to other countries to be tortured. The C.I.A. acknowledged in testimony before Congress that prior to 2001, it had engaged in about seventy "extraordinary renditions."

In December 2001, for example, American operatives kidnapped two Egyptians and flew them to Cairo, where they were subjected to repeated torture by electrical shocks from electrodes attached to their private parts.

Rape, sodomy with foreign objects, the use of unmuzzled dogs to bite and severely injure prisoners, and beating prisoners to death have been documented at Abu Ghraib. Women beg their families to smuggle poison into the prisons so they could kill themselves because of the humiliation they suffered.

Allegations of routine torture have emerged from Mosul and Basra as well. "Some were burnt with fire, others [had] bandaged broken arms," claimed Yasir Rubaii Saeed al-Qutaji. Haitham Saeed al-Mallah reported seeing "a young man of 14 years of age bleeding from his anus and lying on the floor." Al-Mallah heard the soldiers say that "the reason for this bleeding was inserting a metal object in his anus."

The army has charged one Sergeant with assault and other crimes, and is recommending that two dozen other American soldiers face criminal charges, including negligent homicide for mistreatment of prisoners in Afghanistan.

In September, three Americans running a private prison, but reportedly working with the CIA, were convicted of kidnapping and torture and sentenced to 8-10 years in prison by an Afghan court. Afghan police had reportedly found three men hanging from the ceiling, and five others were found beaten and tied in a dark small room.

The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, a treaty ratified by the U.S. and thus part of its binding domestic law, defines torture as follows: the infliction of severe pain or suffering for the purpose of obtaining a confession, discrimination, coercion or intimidation.

Torture, inhuman treatment, and willful killing are grave breaches of the Geneva Conventions, treaties ratified by the United States. Grave breaches of Geneva are considered war crimes under the U.S. War Crimes Act of 1996. American nationals who commit war crimes abroad can receive life in prison, or even the death penalty if the victim dies.

Under the doctrine of command responsibility, a commander can be held liable if he knew or should have known his inferiors were committing war crimes and he failed to prevent or stop them.

When John Walker Lindh was captured in Afghanistan in December 2001, his American interrogators stripped and gagged him, strapped him to a board, and displayed him to the press. He was writhing in pain from a bullet left in his body. A Navy admiral told the intelligence officer interrogating Lindh that "the secretary of defense's counsel has authorized him to 'take the gloves off' and ask whatever he wanted."

Although initially charged with crimes of terrorism carrying life in prison, Attorney General John Ashcroft permitted Lindh to plead guilty to lesser crimes that garnered him 20 years. The condition: Lindh make a statement that he suffered "no deliberate mistreatment" while in custody. The cover-up was underway.

Lawyers from the Defense Department and Justice Department penned lengthy memos and created a definition of torture much narrower than the one in the Torture Convention. They advised Bush how his people could engage in torture and avoid prosecution under the U.S. Torture Statute.

More than 300 lawyers, retired judges, and law professors (including this writer), a former FBI director, an ex-Attorney General, and seven past presidents of the American Bar Association, signed a statement denouncing the memos, which, we wrote, "ignore and misinterpret the U.S. Constitution and laws, international treaties and rules of international law." The statement condemns the most senior lawyers in the Department of Justice, Department of Defense, White House, and Vice President Dick Cheney's office, who "have sought to justify actions that violate the most basic rights of all human beings."

Even the conservative American Bar Association (ABA) criticized what it called "a widespread pattern of abusive detention methods." Those abuses, according to the ABA, "feed terrorism by painting the United States as an arrogant nation above the law."

Relying on advice in these memos, Bush issued an unprecedented order that, as commander-in-chief, he has the authority to suspend the Geneva Conventions. In spite of Geneva's requirement that a competent tribunal decide whether someone qualifies for prisoner of war (POW) status, Bush took it upon himself to decide that Al Qaeda and Taliban prisoners in Afghanistan were not protected by the Geneva Convention on the POWs.

This decision was premised on the reasoning of White House Counsel Alberto Gonzalez [Bush's current nominee for Attorney General, ed.], that "the war against terrorism is a new kind of war, a new paradigm [that] renders obsolete Geneva's strict limitations on questioning of enemy prisoners and renders quaint some of its provisions."

A still-secret section of the recently-released U.S. Army's Fay Report says that "policies and practices developed and approved for use on Al Qaeda and Taliban detainees who were not afforded the protection of the Geneva Conventions, now applied to detainees who did fall under the Geneva Conventions' protections."

And Bush didn't take into account that even prisoners who don't are not POWs must still be treated humanely under the Geneva Convention on the Treatment of Civilians In Time of War.

The Schlesinger Report that came out within a day of the Fay Report accused the Pentagon's top civilian and military leadership of failing to exercise sufficient oversight and permitting conditions that led to the abuses. Rumsfeld's reversals of interrogation policy, according to the report, created confusion about which techniques could be used on prisoners in Iraq.

Rumsfeld has admitted ordering an Iraqi prisoner be hidden from the International Committee of the Red Cross. Pentagon investigators believe the CIA has held as many as 100 "ghost" detainees in Iraq. Hiding prisoners from the Red Cross violates Geneva.

The Schlesinger Report confirmed 5 detainee deaths as a result of interrogation, and 23 more deaths are currently under investigation.

The torture of prisoners in U.S. custody did not begin in Iraq, Afghanistan and Guantánamo. "I do not view the sexual abuse, torture and humiliation of Iraqi prisoners by American soldiers as an isolated event," says Terry Kupers, a psychiatrist who testifies about human rights abuses in U.S. prisons. "The plight of prisoners in the USA is strikingly similar to the plight of the Iraqis who were abused by American GIs. Prisoners are maced, raped, beaten, starved, left naked in freezing cold cells and otherwise abused in too many American prisons, as substantiated by findings in many courts that prisoners' constitutional rights to remain free of cruel and unusual punishment are being violated."

Torture techniques used in Iraq, Afghanistan, and Guantánamo are all too familiar in prisons in the U.S. as well. Hooded, robed figures with electrical wiring attached to them have been seen at the city jail in Sacramento, California. Prisoners in Maricopa County jails in Phoenix, Arizona have been forced to wear women's underwear. And guards in the Utah prison system have piled naked bodies in grotesque and uncomfortable positions.

The connection between mistreatment of prisoners here and abroad is even more direct than that. For example, John Armstrong ran Connecticut's Dept. of Corrections from 1995-2003, before being sent to Iraq as a prison adviser in September 2003. On his Connecticut watch, two mentally ill prisoners died while being restrained by guards. Two more inmates died in custody after guards mistreated them. And Armstrong made a remark once that equated the death penalty with euthanasia.

Speaking of the death penalty, the use of the gas chamber was challenged in California as cruel and unusual punishment, before the execution of Robert Alton Harris about 10 years ago. As a result California adopted the use of the lethal injection because it was more "humane" method of killing a person. Lawyers in Kentucky are now challenging the three-chemical cocktail used for lethal injections in many states as cruel and unusual. It took one man in Kentucky 12 minutes to die from the humane lethal injection.

In May 2000, the U.N. Committee Against Torture considered the United States' initial report on implementation of the Convention Against Torture. It expressed concern at torture and ill-treatment by prison guards - much of it racially motivated--and the sexual abuse of female prisoners by male guards. Human Rights Watch reports that sexual misconduct is rarely investigated, much less punished, and that punishments tend to be light.

Eight prison guards were acquitted of charges they subjected prisoners to cruel and unusual punishment by arranging gladiator-style fights among inmates, and setting up the rape of an inmate by a notoriously violent inmate known as the "Booty Bandit" at Corcoran State Prison in California.

Although Bush signed the Prison Rape Elimination Act of 2003, the law provides for no enforcement mechanism or cause of action for rape victims.

But prison guards have been convicted of organizing assaults on inmates in a federal prison in Florence, Colorado, and at Pelican Bay State Prison in California. The Department of Justice concluded that conditions at prisons in Newport, Arkansas are unconstitutional. And New Jersey prison guards reportedly brutalized over 600 prisoners.

A U.S. District Court Judge in California threatened to place the prisons into receivership if the Department of Corrections (DOC) didn't overhaul its internal disciplinary system. In response, the DOC has undertaken an independent Bureau of Review to ensure violations do not occur in the future.

In the wake of the September 11 attacks, more than 1200 Arab, Muslim, and South Asian men were rounded up in one of the most extensive incidents of racial profiling in the U.S. since the Japanese were interned during World War II. A December 2003 report by the Department of Justice's Office of the Inspector General investigated allegations of physical and verbal abuse of non-citizen prisoners by the Federal Bureau of Prisons' (BOP) Metropolitan Detention Center (MDC) in Brooklyn, NY.

BOP policy prohibits staff members from using brutality, physical violence, intimidation toward inmates, or any force beyond that which is reasonably necessary to subdue an inmate.

The report concluded that several MDC staff members slammed and bounced detainees into the walls, twisted or bent their arms, hands, wrists, or fingers, pulled their thumbs back, tripped them, and dragged them on the floor. It also found violations of BOP policy by verbal abuse as well.

In Estelle v. Gamble, the U.S. Supreme Court applied the Eighth Amendment's ban on cruel and unusual punishment to conditions of confinement that are incompatible with the evolving standards of decency that mark the progress of a maturing society.

The United Nations' Economic and Social Council promulgated the Standard Minimum Rules for the Treatment of Prisoners. The Supreme Court in Estelle specified that these rules should be included in the measurement of "evolving standards of decency."

The rules provide that corporal punishment, punishment by placing in a dark cell, and all cruel, inhuman, or degrading punishments shall be completely prohibited as punishments for disciplinary actions.

Fyodor Dostoevsky once said, "The degree of civilization in a society can be judged by entering its prisons."

In May, when the Abu Ghraib scandal was on the front pages, there were demands for Rumsfeld to resign. But Cheney told Rumsfeld there would be no resignations. It was blatantly political. We're going to hunker down and tough it out, Cheney said, so as not to hurt Bush's chances for election in November.

In spite of George W. Bush's renunciation of the International Criminal Court, many people around the world are clamoring for Bush and his deputies to be held accountable for the widespread torture of prisoners in Iraq, Afghanistan, Guantánamo, and the CIA's secret prisons elsewhere. In the words of Yale law professor Bruce Ackerman: "It is one thing to protect the armed forces from politicized justice; quite another, to make it a haven for suspected war criminals."

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Another World Is Possible

The Fifth Annual World Social Forum (WSF) held in Porto Alegre, Brazil from January 26-31 garnered almost no media coverage in the United States. Timed to coincide with the World Economic Forum in Davos, Switzerland, the WSF drew 155,000 activists from 135 countries, who assembled to challenge Bush's agenda.

The weeklong happening, called "Another World Is Possible," kicked off with a "march for peace." An estimated 200,000 people, many with turbans or indigenous clothing, carried bright flags and marched to the beat of omnipresent drums. Several bore posters with pictures of Bush ("The World's No. 1 Terrorist"). The mood was festive but purposeful as old and young, black, brown, yellow and white, prepared to strategize about how to create a just and peaceful world.

One of the most compelling speakers at the WSF was John Perkins, a former CIA operative and self-described economic hit man for U.S. imperialism. It was Perkins' job to meet with a leader of a targeted country and encourage him to accept a large loan for a project that both the CIA and the leader knew the country could not afford. The money would go to a bank in the United States and U.S. corporations would get the contract to do the job. The country was then beholden to the United States, manipulated to support U.S. policy and make its natural resources available to U.S. corporations. This is the model of "neo-liberalism."

Where a head of state refused to accept the CIA's offer, Perkins would remind him that several leaders had been assassinated or become the victims of a coup and removed from office (e.g., Chile, Haiti). In such a situation, the CIA would back opposition movements within the target country, support corrupt military leaders, or undermine the country's economy. The CIA often sent in "jackals," or "hit men," who plied their trade when other methods failed. Omar Torrijos, former president of Panama, was one victim of these jackals.

When both the economic hit men and the jackals were unsuccessful in bringing the country under U.S. domination, the tactic of last resort was war. This is what happened in Iraq after the U.S. was unable to convince Saddam to support its policies.

Notwithstanding Bush's rhetoric about creating democracies throughout the world, the United States has tried mightily to facilitate the overthrow of twice democratically-elected Venezuelan president Hugo Chavez. But it has thus far failed. (See my editorial, Chavez Victory: Defeat for Bush Policy). There was talk last week at the WSF that the U.S. is attempting to get Colombia to invade Venezuela, but Chavez and other Latin American leaders are trying to defuse the situation. Likewise, Dick Cheney lobbed out the possibility that Israel might attack Iran (thereby using Israel as a U.S. surrogate to enable the installation of an Iranian government more receptive to U.S. policies).

Hugo Chavez, who also spoke at the WSF, received a hero's welcome. He highlighted the Bolivarian Alternative for the Americas (ALBA), a proposal made by Venezuela as an alternative to the Free Trade of the Americas. The ALBA emphasizes social and cultural exchanges over profit-based economic deals. Chavez noted, "We can't wait for a sustained economic growth of 10 years in order to start reducing poverty through the trickledown effect, as the neoliberal economic theories propose."

Chavez criticized Condoleezza Rice's recent assertion that Chavez was "a negative force in the region." He said relations between the U.S. and Venezuela will remain unhealthy as long as the United States continues its policy of aggression. "The most negative force in the world today is the government of the United States," Chavez said.

Significantly, Chavez maintained, "We must start talking again about equality. The U.S. government talks about freedom and liberty, but never about equality." Indeed, Bush told the Congressional Black Caucus a few days ago that he was "unfamiliar" with the Voting Rights Act.

Walden Bello, executive director of Focus on the Global South and professor of sociology and public administration at the University of the Philippines, analyzed the role that cultural oppression played in the U.S. presidential election. Bello said that although neo-liberalism and militarism are significant problems, "the cultural dimension is what led the Bush administration to victory by drawing its support largely based on white people in the U.S." He noted, "The Bush administration in fact appeals to traditional forms of cultural oppression through traditional forms of cultural ethnocentrism and of traditional and old forms of racism." The people who voted for Bush, according to Bello, "were voting against blacks, they were voting against immigrants, the feminist movement, foreign imports and foreign ideas that are not American."

The American Association of Jurists (AAJ), in association with the Latin American Association of Labor Lawyers, sponsored three days of panel discussions on Law, Public Order and Social Integration at the WSF. As the U.S. representative to the AAJ, I gave a presentation on Human Rights and the New World Order, in which I noted that Bush told his advisors on the evening of September 11, 2001, that the terrorist attacks provided a "great opportunity" for the United States. Likewise, when the tsunami devastated Asia, Condoleezza Rice used almost the same words. She said the tsunami was a "wonderful opportunity" for the U.S. I presented an analysis of how the neoconservatives have hijacked United States foreign policy and the resulting decimation of human rights, including the torture of prisoners in U.S. custody.

Another speaker at the AAJ conference was Arnel Medina Cuenca, president of the National Union of Cuban Jurists. Discussing the U.S. policy of neo-liberalism, he said, "Matan a los pobres pero no a la pobresa" ("They kill the poor but not the poverty.")

The AAJ passed a resolution in support of the five Cuban political prisoners incarcerated in New York for what was, in effect, their anti-terrorist actions against terrorists in the U.S. who sought to overthrow the Cuban government. Another AAJ resolution calls for the return of Vieques, a United States military installation on the land of the U.S. colony Puerto Rico. The resolution also calls on the U.S. government to finance the decontamination of Vieques, which has been poisoned by depleted uranium and heavy metals from U.S. weapons testing and military training exercises. As a result the people of Vieques have the highest incidence of cancer in Puerto Rico.

Programs at the WSF advocated sustainable development, cancellation of Third World debt, an end to corporate abuse, struggle against United States imperialism, and termination of the occupation of Iraq.

In Bush's State of the Union address this evening, we can expect to hear more rhetoric about "freedom," "liberty" and "spreading democracy throughout the world." For most of the people of the world, however, Bush's words signal the spread of neo-liberalism, aggression and regime change, to their detriment. The World Social Forum is one small step toward uniting progressives from around the world to defy Bush's agenda which threatens us all.

Read on >>

Torture of Prisoners in U.S. Custody

Major General Geoffrey Miller, the American commander in charge of detentions and interrogations at Abu Ghraib prison in Iraq, recently conducted an overnight tour of the facility for journalists.

He proudly displayed “Camp Liberty” and “Camp Redemption,” newly renovated in response to the torture scandal unleashed by the release of the disgusting photographs last spring.

Under the new system in place at Abu Ghraib, an interrogation plan is submitted to a lawyer for approval before any interrogation begins. The time required to process prisoners has been reduced from 120 to 50 days. Since July, 60% of the reviews have lead to releases.

Three hundred Iraqi prisoners were released on one day in September. Each walked away with $25 and a 12-page glossy pamphlet on Iraq’s interim government.

General Miller, the tour guide, oversaw interrogations at the United States prison at Guantánamo Bay, Cuba. He had been sent to Abu Ghraib last fall to transfer his interrogation system from Cuba to Iraq. It was on his watch that the worst mistreatment, depicted in the publicized photos, occurred.

Several official reports were written with more disturbing revelations. The International Committee of the Red Cross documented 70 – 90 % of those held at Abu Ghraib were there by mistake.

The reaction of the Bush administration to the revelations of torture was to prosecute seven low ranking soldiers.

In spite of calls for investigation of Secretary of Defense Donald Rumsfeld and President George W. Bush for complicity in the mistreatment, the prison torture scandal has been on the back burner in the national discourse.

The September release of Seymour Hersh’s book Chain of Command: The Road from 9/11 to Abu Ghraib, however, has put the issue back on the radar screen.

Rumsfeld testified before the Senate Armed Services Committee that his department was alerted to the abuse of prisoners at Abu Ghraib in January 2004. Rumsfeld told Bush in February about an “issue” involving mistreatment of prisoners in Iraq, according to a Senior White House aide.

These claims are disingenuous. The roots of Abu Ghraib, writes Hersh, lie in the creation of the “unacknowledged” special-access program (SAP) established by a top-secret order signed by Bush in late 2001 or early 2002. The presidential order authorized the Defense Department to set up a clandestine team of Special Forces operatives to defy international law and snatch, or assassinate, anyone considered a “high-value” Al Qaeda operative, anywhere in the world.

Rumsfeld expanded SAP into Iraq in August 2003. It was Rumsfeld who approved the use of physical coercion and sexual humiliation to extract information from prisoners. Rumsfeld and Bush set this system in motion long before January 2004. The mistreatment of prisoners at Abu Ghraib was part of the ongoing operation.

Hersch quotes a CIA analyst who was sent to the U.S. military prison at Guantánamo in late summer of 2002, to find out why so little useful intelligence had been gathered. After interviewing 30 prisoners, “he came back convinced that we were committing war crimes in Guantánamo.”

By fall 2002, the analyst’s report finally reached General John A. Gordon, the deputy national security adviser for combating terrorism, who reported directly to national security adviser Condoleezza Rice. Gordon was deeply distressed by the report and its implications for the treatment of captured American soldiers. He also thought “that if the actions at Guantánamo ever became public, it’d be damaging to the president.”

Gordon passed the report to Rice, who called a high-level meeting in the White House situation room. Rumsfeld, who had been encouraging his soldiers to get tough with prisoners, was present at the meeting. Yet Rice asked Rumsfeld “what the issues were, and he said he hadn’t looked into it.” Rice urged him to look into it: “Let’s get the story right,” she declared.

A military consultant with close ties to Special Operations told Hersh that war crimes were committed in Iraq and no action was taken. “People were beaten to death,” he said. “What do you call it when people are tortured and going to die and the soldiers know it, but do not treat their injuries?” the consultant asked rhetorically. “Execution,” he replied to his own question.

We should have seen it coming. In Bush’s January 2003 State of the Union Address, he said: “All told, more than 3,000 suspected terrorists have been arrested in many countries, and many others have met a different fate.” He added, “Let’s put it this way. They are no longer a problem for the United States and our friends and allies.”

Bush was admitting he had sanctioned summary execution, in direct violation of international, and United States, law.

The Bush administration has also admittedly engaged in the illegal practice of rendition, where people are sent to other countries to be tortured. The C.I.A. acknowledged in testimony before Congress that prior to 2001, it had engaged in about seventy “extraordinary renditions.”

In December 2001, for example, American operatives kidnapped two Egyptians and flew them to Cairo, where they were subjected to repeated torture by electrical shocks from electrodes attached to their private parts.

Rape, sodomy with foreign objects, the use of unmuzzled dogs to bite and severely injure prisoners, and beating prisoners to death have been documented at Abu Ghraib. Women beg their families to smuggle poison into the prisons so they could kill themselves because of the humiliation they suffered.

Allegations of routine torture have emerged from Mosul and Basra as well. “Some were burnt with fire, others [had] bandaged broken arms,” claimed Yasir Rubaii Saeed al-Qutaji. Haitham Saeed al-Mallah reported seeing “a young man of 14 years of age bleeding from his anus and lying on the floor.” Al-Mallah heard the soldiers say that “the reason for this bleeding was inserting a metal object in his anus.”

The army has charged one Sergeant with assault and other crimes, and is recommending that two dozen other American soldiers face criminal charges, including negligent homicide for mistreatment of prisoners in Afghanistan.

In September, three Americans running a private prison, but reportedly working with the CIA, were convicted of kidnapping and torture and sentenced to 8–10 years in prison by an Afghan court. Afghan police had reportedly found three men hanging from the ceiling, and five others were found beaten and tied in a dark small room.

The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, a treaty ratified by the U.S. and thus part of its binding domestic law, defines torture as follows: the infliction of severe pain or suffering for the purpose of obtaining a confession, discrimination, coercion or intimidation.

Torture, inhuman treatment, and willful killing are grave breaches of the Geneva Conventions, treaties ratified by the United States. Grave breaches of Geneva are considered war crimes under the U.S. War Crimes Act of 1996. American nationals who commit war crimes abroad can receive life in prison, or even the death penalty if the victim dies.

Under the doctrine of command responsibility, a commander can be held liable if he knew or should have known his inferiors were committing war crimes and he failed to prevent or stop them.

When John Walker Lindh was captured in Afghanistan in December 2001, his American interrogators stripped and gagged him, strapped him to a board, and displayed him to the press. He was writhing in pain from a bullet left in his body. A Navy admiral told the intelligence officer interrogating Lindh that “the secretary of defense’s counsel has authorized him to ‘take the gloves off’ and ask whatever he wanted.”

Although initially charged with crimes of terrorism carrying life in prison, Attorney General John Ashcroft permitted Lindh to plead guilty to lesser crimes that garnered him 20 years. The condition: Lindh make a statement that he suffered “no deliberate mistreatment” while in custody. The cover-up was underway.

Lawyers from the Defense Department and Justice Department penned lengthy memos and created a definition of torture much narrower than the one in the Torture Convention. They advised Bush how his people could engage in torture and avoid prosecution under the U.S. Torture Statute.

More than 300 lawyers, retired judges, and law professors (including this writer), a former FBI director, an ex-Attorney General, and seven past presidents of the American Bar Association, signed a statement denouncing the memos, which, we wrote, “ignore and misinterpret the U.S. Constitution and laws, international treaties and rules of international law.” The statement condemns the most senior lawyers in the Department of Justice, Department of Defense, White House, and Vice President Dick Cheney’s office, who “have sought to justify actions that violate the most basic rights of all human beings.”

Even the conservative American Bar Association (ABA) criticized what it called "a widespread pattern of abusive detention methods." Those abuses, according to the ABA, "feed terrorism by painting the United States as an arrogant nation above the law."

Relying on advice in these memos, Bush issued an unprecedented order that, as commander-in-chief, he has the authority to suspend the Geneva Conventions. In spite of Geneva’s requirement that a competent tribunal decide whether someone qualifies for prisoner of war (POW) status, Bush took it upon himself to decide that Al Qaeda and Taliban prisoners in Afghanistan were not protected by the Geneva Convention on the POWs.

This decision was premised on the reasoning of White House Counsel Alberto Gonzalez [Bush’s current nominee for Attorney General, ed.], that “the war against terrorism is a new kind of war, a new paradigm [that] renders obsolete Geneva’s strict limitations on questioning of enemy prisoners and renders quaint some of its provisions.”

A still-secret section of the recently-released U.S. Army’s Fay Report says that “policies and practices developed and approved for use on Al Qaeda and Taliban detainees who were not afforded the protection of the Geneva Conventions, now applied to detainees who did fall under the Geneva Conventions’ protections.”

And Bush didn’t take into account that even prisoners who don’t are not POWs must still be treated humanely under the Geneva Convention on the Treatment of Civilians In Time of War.

The Schlesinger Report that came out within a day of the Fay Report accused the Pentagon’s top civilian and military leadership of failing to exercise sufficient oversight and permitting conditions that led to the abuses. Rumsfeld’s reversals of interrogation policy, according to the report, created confusion about which techniques could be used on prisoners in Iraq.

Rumsfeld has admitted ordering an Iraqi prisoner be hidden from the International Committee of the Red Cross. Pentagon investigators believe the CIA has held as many as 100 “ghost” detainees in Iraq. Hiding prisoners from the Red Cross violates Geneva.

The Schlesinger Report confirmed 5 detainee deaths as a result of interrogation, and 23 more deaths are currently under investigation.

The torture of prisoners in U.S. custody did not begin in Iraq, Afghanistan and Guantánamo. “I do not view the sexual abuse, torture and humiliation of Iraqi prisoners by American soldiers as an isolated event,” says Terry Kupers, a psychiatrist who testifies about human rights abuses in U.S. prisons. “The plight of prisoners in the USA is strikingly similar to the plight of the Iraqis who were abused by American GIs. Prisoners are maced, raped, beaten, starved, left naked in freezing cold cells and otherwise abused in too many American prisons, as substantiated by findings in many courts that prisoners’ constitutional rights to remain free of cruel and unusual punishment are being violated.”

Torture techniques used in Iraq, Afghanistan, and Guantánamo are all too familiar in prisons in the U.S. as well. Hooded, robed figures with electrical wiring attached to them have been seen at the city jail in Sacramento, California. Prisoners in Maricopa County jails in Phoenix, Arizona have been forced to wear women’s underwear. And guards in the Utah prison system have piled naked bodies in grotesque and uncomfortable positions.

The connection between mistreatment of prisoners here and abroad is even more direct than that. For example, John Armstrong ran Connecticut’s Dept. of Corrections from 1995-2003, before being sent to Iraq as a prison adviser in September 2003. On his Connecticut watch, two mentally ill prisoners died while being restrained by guards. Two more inmates died in custody after guards mistreated them. And Armstrong made a remark once that equated the death penalty with euthanasia.

Speaking of the death penalty, the use of the gas chamber was challenged in California as cruel and unusual punishment, before the execution of Robert Alton Harris about 10 years ago. As a result California adopted the use of the lethal injection because it was more “humane” method of killing a person. Lawyers in Kentucky are now challenging the three-chemical cocktail used for lethal injections in many states as cruel and unusual. It took one man in Kentucky 12 minutes to die from the humane lethal injection.

In May 2000, the U.N. Committee Against Torture considered the United States’ initial report on implementation of the Convention Against Torture. It expressed concern at torture and ill-treatment by prison guards – much of it racially motivated—and the sexual abuse of female prisoners by male guards. Human Rights Watch reports that sexual misconduct is rarely investigated, much less punished, and that punishments tend to be light.

Eight prison guards were acquitted of charges they subjected prisoners to cruel and unusual punishment by arranging gladiator-style fights among inmates, and setting up the rape of an inmate by a notoriously violent inmate known as the “Booty Bandit” at Corcoran State Prison in California.

Although Bush signed the Prison Rape Elimination Act of 2003, the law provides for no enforcement mechanism or cause of action for rape victims.

But prison guards have been convicted of organizing assaults on inmates in a federal prison in Florence, Colorado, and at Pelican Bay State Prison in California. The Department of Justice concluded that conditions at prisons in Newport, Arkansas are unconstitutional. And New Jersey prison guards reportedly brutalized over 600 prisoners.

A U.S. District Court Judge in California threatened to place the prisons into receivership if the Department of Corrections (DOC) didn’t overhaul its internal disciplinary system. In response, the DOC has undertaken an independent Bureau of Review to ensure violations do not occur in the future.

In the wake of the September 11 attacks, more than 1200 Arab, Muslim, and South Asian men were rounded up in one of the most extensive incidents of racial profiling in the U.S. since the Japanese were interned during World War II. A December 2003 report by the Department of Justice’s Office of the Inspector General investigated allegations of physical and verbal abuse of non-citizen prisoners by the Federal Bureau of Prisons’ (BOP) Metropolitan Detention Center (MDC) in Brooklyn, NY.

BOP policy prohibits staff members from using brutality, physical violence, intimidation toward inmates, or any force beyond that which is reasonably necessary to subdue an inmate.

The report concluded that several MDC staff members slammed and bounced detainees into the walls, twisted or bent their arms, hands, wrists, or fingers, pulled their thumbs back, tripped them, and dragged them on the floor. It also found violations of BOP policy by verbal abuse as well.

In Estelle v. Gamble, the U.S. Supreme Court applied the Eighth Amendment’s ban on cruel and unusual punishment to conditions of confinement that are incompatible with the evolving standards of decency that mark the progress of a maturing society.

The United Nations’ Economic and Social Council promulgated the Standard Minimum Rules for the Treatment of Prisoners. The Supreme Court in Estelle specified that these rules should be included in the measurement of “evolving standards of decency.”

The rules provide that corporal punishment, punishment by placing in a dark cell, and all cruel, inhuman, or degrading punishments shall be completely prohibited as punishments for disciplinary actions.

Fyodor Dostoevsky once said, “The degree of civilization in a society can be judged by entering its prisons.”

In May, when the Abu Ghraib scandal was on the front pages, there were demands for Rumsfeld to resign. But Cheney told Rumsfeld there would be no resignations. It was blatantly political. We’re going to hunker down and tough it out, Cheney said, so as not to hurt Bush’s chances for election in November.

In spite of George W. Bush’s renunciation of the International Criminal Court, many people around the world are clamoring for Bush and his deputies to be held accountable for the widespread torture of prisoners in Iraq, Afghanistan, Guantánamo, and the CIA’s secret prisons elsewhere. In the words of Yale law professor Bruce Ackerman: “It is one thing to protect the armed forces from politicized justice; quite another, to make it a haven for suspected war criminals.”

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Bush & Co: War Crimes and Cover-Up

As the election approaches, we are bombarded with stories about swift boats, dereliction of duty, and who's the most macho leader. Missing from the discourse is a critical examination of why George W. Bush failed to heed warnings before September 11, why he sat paralyzed for 7 minutes after being informed of the attacks, how he subsequently turned Iraq into a deadly cauldron, and committed - then covered up - war crimes in Afghanistan, Guantánamo and Iraq.

The central theme of the Republican Convention was Bush's bona fides as a tough president who will save us from another terrorist attack. Instead of examining why we went to war with a country that posed no threat to us, the agenda was replete with rhetoric about fighting the terrorists in Iraq so we wouldn't have to fight them here.

Significantly absent from the patriotic speeches was the "t" word. Not even a brief acknowledgement that prisoners in American custody were mistreated. Torture is on the back burner. Every so often, another official report comes out, with more disturbing revelations, but never directly implicates Bush, Cheney or Rumsfeld.

Even the release of Seymour Hersh's new book, Chain of Command: The Road from 9/11 to Abu Ghraib, has garnered scant attention in the daily fare of television staples, where most Americans get their news. But Rumsfeld noticed. Four days before the book's release, without having read it, the Department of Defense issued a rare but characteristically preemptive attack on the book.

Rumsfeld testified before the Senate Armed Services Committee that his department was alerted to the abuse of prisoners at Abu Ghraib in January 2004. Rumsfeld told Bush in February about an "issue" involving mistreatment of prisoners in Iraq, according to a Senior White House aide.

These claims are disingenuous. The roots of Abu Ghraib, writes Hersh, lie in the creation of the "unacknowledged" special-access program (SAP) established by a top-secret order Bush signed in late 2001 or early 2002. The presidential order authorized the Defense Department to set up a clandestine team of Special Forces operatives to defy international law and snatch, or assassinate, anyone considered a "high-value" Al Qaeda operative, anywhere in the world.

Rumsfeld expanded SAP into Iraq in August 2003. It was Rumsfeld who approved the use of physical coercion and sexual humiliation to extract information from prisoners. Rumsfeld and Bush set this system in motion long before January 2004. The mistreatment of prisoners at Abu Ghraib was part of the ongoing operation.

Hersch quotes a CIA analyst who was sent to the U.S. military prison at Guantánamo in late summer of 2002, to find out why so little useful intelligence had been gathered. After interviewing 30 prisoners, "he came back convinced that we were committing war crimes in Guantánamo."

By fall 2002, the analyst's report finally reached Gen. John A. Gordon, the deputy national security adviser for combating terrorism, who reported directly to national security adviser Condoleezza Rice. Gordon was deeply distressed by the report and its implications for the treatment of captured American soldiers. He also thought "that if the actions at Guantánamo ever became public, it'd be damaging to the president."

Gordon passed the report to Rice, who called a high-level meeting in the White House situation room. Rumsfeld, who had been encouraging his soldiers to get tough with prisoners, was present at the meeting. Yet Rice asked Rumsfeld "what the issues were, and he said he hadn't looked into it." Rice urged him to look into it: "Let's get the story right," she declared.

A military consultant with close ties to Special Operations told Hersh that war crimes were committed in Iraq and no action was taken. "People were beaten to death," he said. "What do you call it when people are tortured and going to die and the soldiers know it, but do not treat their injuries?" the consultant asked rhetorically. "Execution," he replied to his own question.

We should have seen it coming. In Bush's January 2003 State of the Union Address, he said: "All told, more than 3,000 suspected terrorists have been arrested in many countries, and many others have met a different fate." He added, "Let's put it this way. They are no longer a problem for the United States and our friends and allies."

Bush was admitting he had sanctioned summary execution, in direct violation of international, and United States, law.

The Bush administration has also admittedly engaged in the illegal practice of rendition, where people are sent to other countries to be tortured. The C.I.A. acknowledged in testimony before Congress that prior to 2001, it had engaged in about seventy "extraordinary renditions."

In December 2001, American operatives kidnapped two Egyptians and flew them to Cairo, where they were subjected to repeated torture by electrical shocks from electrodes attached to their private parts.

Rapes, sodomy with foreign objects, the use of unmuzzled dogs to bite and severely injure prisoners, and beating prisoners to death have been documented at Abu Ghraib. Women beg their families to smuggle poison into the prisons so they can kill themselves because of the humiliation they suffered.

Allegations of routine torture have emerged from Mosul and Basra as well. "Some were burnt with fire, others [had] bandaged broken arms," claimed Yasir Rubaii Saeed al-Qutaji. Haitham Saeed al-Mallah reported seeing "a young man of 14 years of age bleeding from his anus and lying on the floor." Al-Mallah heard the soldiers say that "the reason for this bleeding was inserting a metal object in his anus."

The army has charged one Sergeant with assault and other crimes, and is recommending that two dozen American soldiers face criminal charges, including negligent homicide for mistreatment of prisoners in Afghanistan.

Last week, three Americans, running a private prison, but reportedly working with the CIA, were convicted of kidnapping and torture and sentenced to 8-10 years in prison by an Afghan court. Afghan police had discovered three men hanging from the ceiling, and five others were found beaten and tied in a dark small room.

The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, a treaty ratified by the U.S. and thus part of our binding domestic law, defines torture as follows: the infliction of severe pain or suffering for the purpose of obtaining a confession, discrimination, coercion or intimidation.

Torture, inhuman treatment, and willful killing are grave breaches of the Geneva Conventions, treaties ratified by the United States. Grave breaches of Geneva are considered war crimes under our federal War Crimes Act of 1996. American nationals who commit war crimes abroad can receive life in prison, or even the death penalty if the victim dies. Under the doctrine of command responsibility, a commander can be held liable if he knew or should have known his inferiors were committing war crimes and he failed to prevent or stop them.

When John Walker Lindh was captured in Afghanistan in December 2001, his American interrogators stripped and gagged him, strapped him to a board, and displayed him to the press. He was writhing in pain from a bullet left in his body.

Although initially charged with crimes of terrorism carrying life in prison, John Ashcroft permitted Lindh to plead guilty to lesser crimes that garnered him 20 years. The condition: Lindh make a statement that he suffered "no deliberate mistreatment" while in custody. The cover-up was underway.

Lawyers from the Defense and Justice Departments penned lengthy memos and created a definition of torture much narrower than the one in the Torture Convention. They advised Bush how his people could engage in torture and avoid prosecution under the federal Torture Statute.

Relying on advice in these memos, Bush issued an unprecedented order that, as commander-in-chief, he has the authority to suspend the Geneva Conventions. In spite of Geneva's requirement that a competent tribunal decide whether someone qualifies for POW status, Bush took it upon himself to decide that Al Qaeda and Taliban prisoners in Afghanistan were not protected by the Geneva Convention on the POWs.

This decision was premised on the reasoning of White House Counsel Alberto Gonzalez, that "the war against terrorism is a new kind of war, a new paradigm [that] renders obsolete Geneva's strict limitations on questioning of enemy prisoners and renders quaint some of its provisions." Quaint!

A still-secret section of the recently-released Fay Report says that "policies and practices developed and approved for use on Al Qaeda and Taliban detainees who were not afforded the protection of the Geneva Conventions, now applied to detainees who did fall under the Geneva Conventions' protections."

The Schlesinger Report that came out a few weeks ago accused the Pentagon's top civilian and military leadership of failing to exercise sufficient oversight and permitting conditions that led to the abuses. Rumsfeld's reversals of interrogation policy, according to the report, created confusion about which techniques could be used on prisoners in Iraq.

Rumsfeld has admitted ordering an Iraqi prisoner be hidden from the International Committee of the Red Cross. Pentagon investigators believe the CIA has held as many as 100 "ghost" detainees in Iraq. Hiding prisoners from the Red Cross violates Geneva.

The Schlesinger Report confirmed 5 detainee deaths as a result of interrogation, and 23 more deaths are currently under investigation.

In May, when the Abu Ghraib scandal was on the front pages, there were demands for Rumsfeld to resign. But Cheney told Rumsfeld there would be no resignations. It was blatantly political. We're going to hunker down and tough it out, Cheney said, so as not to hurt Bush's chances for election in November.

Maj. Gen. Geoffrey Miller, the American commander in charge of detentions and interrogations at Abu Ghraib prison, was sent from Guantánamo to Iraq last fall to transplant his harsh interrogation techniques. Miller recently conducted an overnight tour of Abu Ghraib for journalists.

He proudly displayed "Camp Liberty" and "Camp Redemption," newly renovated in response to the torture scandal.

Under the new system in place at Abu Ghraib, an interrogation plan is submitted to a lawyer for approval before any interrogation begins. The time required to process prisoners has been reduced from 120 to 50 days. Since July, 60% of the reviews have led to releases.

Three hundred Iraqi prisoners were released Wednesday. Each walked away with $25 and a 12-page glossy pamphlet on Iraq's interim government.

But evidence of war crimes by the Bush administration - notably Rumsfeld, Cheney and Bush - continues to emerge. And in spite of Bush's renunciation of the International Criminal Court, many people around the world are clamoring for Bush and his deputies to be held accountable. In the words of Yale law professor Bruce Ackerman: "It is one thing to protect the armed forces from politicized justice; quite another, to make it a haven for suspected war criminals."

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Giving Iraqis What Is Rightly Theirs—Sovereignty

George W. Bush pledged last week that on June 30, "our government and our coalition will transfer full sovereignty - complete and full sovereignty" to the new Iraqi government. With such bold assurances, why then the heartburn among Iraqis and Europeans?

Sovereignty has traditionally described a state that has a territory, a government, a population, and formal judicial autonomy. In the international legal arena, a sovereign state is entitled to territorial integrity, political independence, and exclusive jurisdiction and control within its territory.

Yet the Bush administration has danced around the notion of how much power the Iraqis will actually have over the 138,000 U.S. troops that inhabit their soil. And the U.S. is insisting that its troops enjoy immunity (it can't say "sovereign immunity," since it will not technically be sovereign over Iraq come June 30) from criminal or civil prosecution in Iraqi courts. This means impunity for the torture perpetrated on Iraqi prisoners.

It defies logic to assume Bush will make good on his promise to grant Iraqis full sovereignty. He went out on a limb by invading a sovereign country which posed no threat to the United States, suffering the loss of more than 800 American troops, at a cost so far of $149 billion to U.S. taxpayers. After taking such a formidable risk, Bush is unlikely to throw in the towel now and give the Iraqis complete authority to kick out his troops and control their own valuable oil resources.

Indeed, the United States plans to build the largest CIA station in the world in Baghdad and locate permanent U.S. military bases in Iraq. This presence in a country with a more U.S.-friendly government will ensure greater receptivity to foreign investment and maintain U.S. hegemony over the strategically important Persian Gulf region.

As the U.S. election approaches, Bush has held fast to the June 30 date for the "transfer of sovereignty" to Iraqis. He knows that come November, Americans, who are becoming increasingly weary of troop casualties and a failing wartime economy, will demand a way out of the quagmire.

So Bush wants to have it both ways: transfer sovereignty, but keep 138,000 pairs of feet in the door, to protect U.S. "interests." The U.S. would, in the words of Marc Grossman, under secretary of state for political affairs, "do our very best to consult with that interim government and take their views into account" about whether our troops would remain in Iraq. But bottom line, according to Grossman, is that "American commanders will have the right, and the obligation" to decide whether our GIs stay or go.

Back in April, Grossman accurately described what the Iraqis will gain on June 30 as "limited sovereignty." In the face of eyebrows raised all around, however, the Bush administration has backed away from that phrase, instead speaking of "complete and full sovereignty."

Semantics, to be sure. After marginalizing U.N. special envoy Lakhdar Brahimi, Ambassador L. Paul Bremer, head of the Coalition Provisional Authority, engineered the selection of the new Iraqi Prime Minister Iyad Allawi, a man with close ties to the CIA. Allawi was responsible for the sensational claim that Iraq's weapons of mass destruction could be deployed in 45 minutes.

In a moment of uncommon candor, Brahimi affectionately referred to Bremer as "the dictator of Iraq." After all, said Brahimi, Bremer "has the money. He has the signature. Nothing happens without his agreement in this country."

But Bush maintains, "I had no role" in selection of the new Iraqi leaders. Likewise, U.S. National Security Advisor Condoleezza Rice said, "These are not America's puppets." Coalition spokesman Dan Senor agreed. "We have not been leaning on anybody to support one president over another." Like Donald Rumsfeld, who said on CBS News in November 2002, that the U.S. conflict in Iraq has "nothing to do with oil, literally nothing to do with oil," the lady Condi - and Senor/Bush - doth protest too much.

Allawi is off to a good start. He said Iraqis "don't want to continue to be under occupation." But he pledged support for the continued presence of U.S. forces "to help in defeating the enemies of Iraq." One wonders who these "enemies" might be. Al Qaeda was not operating in Iraq before Operation "Iraqi Freedom." Many Iraqis see the occupiers as the enemy.

The purported transfer of sovereignty from the occupiers to the Iraqi people on June 30 will be justified by the Bush administration as consensual. The consent defense, which contends the conquered are not subjugated because they have accepted the conquest, is used by the U.S. to rationalize its possession of Puerto Rico and its other post-colonial endeavors. This defense has been challenged by Antonio Gramsci, who wrote that the consent of the conquered cannot justify the colonial relationship because the consent is a byproduct of psychological domination.

The United States and the United Kingdom are angling for agreement on a Security Council resolution that would legitimize the new Iraqi government while protecting strategic U.S.-U.K. political, economic and military interests.

The Council's resolution is bound to include rhetoric about "full sovereignty" for Iraq, just as its resolution - also strong-armed by the U.S. - which ended the NATO bombing of Yugoslavia. It recognized the sovereignty of Yugoslavia, a country that disappeared from the map shortly thereafter.

And the United States will maintain the right to locate its military bases in the territory of Iraq, just as we retained exclusive control over the 38 U.S. bases on Okinawa after returning its sovereignty to Japan in 1972.

It is tempting to speculate about what should happen in Iraq - what do we think would be best for the Iraqis? What form should the new Iraqi government take? Can the diverse peoples that make up Iraq create a government where power is effectively shared? Will the Sunnis and Shi'a remain unified or attack each other in the event they succeed in repelling the invaders? Should the Kurds be given their own sovereign state? What will be the fate of the oil-rich Kirkuk? Will Turkey intervene with military force in the event Kirkuk's large Turcomen population is threatened?

The people of Iraq have the right to self-determination. They have suffered an unlawful regime change that has killed thousands of them and destabilized their country. It is up to the people of Iraq - without the interference of foreigners - to determine their own form of government.

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