24.1.06

Facts, Clarity and Moral Principles: The terrorrist in the mirror

Noam Chomsky's guidlines for analyzing the current war on terror

FACTS

''Suppose, then, that we accept these simple guidelines. Let's turn to the "War on Terror." Since facts matter, it matters that the War was not declared by George W. Bush on 9/11, but by the Reagan administration 20 years earlier. ''
"Since the first War on Terror was waged by those now carrying out the redeclared war, or their immediate mentors, it follows that anyone seriously interested in the re-declared War on Terror should ask at once how it was carried out in the 1980s. The topic, however, is under a virtual ban. That becomes understandable as soon as we investigate the facts: the first War on Terror quickly became a murderous and brutal terrorist war, in every corner of the world where it reached, leaving traumatized societies that may never recover. What happened is hardly obscure, but doctrinally unacceptable, therefore protected from inspection. Unearthing the record is an enlightening exercise, with enormous implications for the future.''

MORAL PRINCIPLES

''This most elementary of moral truisms is sometimes upheld at least in words. One example, of critical importance today, is the Nuremberg Tribunal. In sentencing Nazi war criminals to death, Justice Robert Jackson, Chief of Counsel for the United States, spoke eloquently, and memorably, on the principle of universality. "If certain acts of violation of treaties are crimes," he said, "they are crimes whether the United States does them or whether Germany does them, and we are not prepared to lay down a rule of criminal conduct against others which we would not be willing to have invoked against us....We must never forget that the record on which we judge these defendants is the record on which history will judge us tomorrow. To pass these defendants a poisoned chalice is to put it to our own lips as well."That is a clear and honorable statement of the principle of universality. But the judgment at Nuremberg itself crucially violated this principle. The Tribunal had to define "war crime" and "crimes against humanity." It crafted these definition very carefully so that crimes are criminal only if they were not committed by the allies. Urban bombing of civilian concentrations was excluded, because the allies carried it out more barbarically than the Nazis. And Nazi war criminals, like Admiral Doenitz, were able to plead successfully that their British and US counterparts had carried out the same practices. The reasoning was outlined by Telford Taylor, a distinguished international lawyer who was Jackson's Chief Counsel for War Crimes. He explained that "to punish the foe--especially the vanquished foe--for conduct in which the enforcing nation has engaged, would be so grossly inequitable as to discredit the laws themselves." That is correct, but the operative definition of "crime" also discredits the laws themselves. Subsequent Tribunals are discredited by the same moral flaw, but the self-exemption of the powerful from international law and elementary moral principle goes far beyond this illustration, and reaches to just about every aspect of the two phases of the War on Terror. ''

CLARITY IN DEFINING TERROR

''I have been writing about terror for 25 years, ever since the Reagan administration declared its War on Terror. I've been using definitions that seem to be doubly appropriate: first, they make sense; and second, they are the official definitions of those waging the war. To take one of these official definitions, terrorism is "the calculated use of violence or threat of violence to attain goals that are political, religious, or ideological in nature...through intimidation, coercion, or instilling fear," typically targeting civilians. The British government's definition is about the same: "Terrorism is the use, or threat, of action which is violent, damaging or disrupting, and is intended to influence the government or intimidate the public and is for the purpose of advancing a political, religious, or ideological cause." These definitions seem fairly clear and close to ordinary usage. There also seems to be general agreement that they are appropriate when discussing the terrorism of enemies.But a problem at once arises. These definitions yield an entirely unacceptable consequence: it follows that the US is a leading terrorist state..."

''We may ask, however, whether such crimes as the state-directed attack against Nicaragua are really terrorism, or whether they rise to the level of the much higher crime of aggression. The concept of aggression was defined clearly enough by Justice Jackson at Nuremberg in terms that were basically reiterated in an authoritative General Assembly resolution. An "aggressor," Jackson proposed to the Tribunal, is a state that is the first to commit such actions as "Invasion of its armed forces, with or without a declaration of war, of the territory of another State," or "Provision of support to armed bands formed in the territory of another State, or refusal, notwithstanding the request of the invaded State, to take in its own territory, all the measures in its power to deprive those bands of all assistance or protection." The first provision unambiguously applies to the US-UK invasion of Iraq. The second, just as clearly, applies to the US war against Nicaragua. However, we might give the current incumbents in Washington and their mentors the benefit of the doubt, considering them guilty only of the lesser crime of international terrorism, on a huge and unprecedented scale.It may also be recalled the aggression was defined at Nuremberg as "the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole"--all the evil in the tortured land of Iraq that flowed from the US-UK invasion...''

''The World Court did not take up the charge of aggression in the Nicaragua case...the Court charged Washington with "unlawful use of force"--in lay language, international terrorism--and ordered it to terminate the crimes and pay substantial reparations. The Reaganites reacted by escalating the war, also officially endorsing attacks by their terrorist forces against "soft targets," undefended civilian targets. The terrorist war left the country in ruins, with a death toll equivalent to 2.25 million in US per capita terms, more than the total of all wartime casualties in US history combined. After the shattered country fell back under US control, it declined to further misery. It is now the second poorest country in Latin America after Haiti--and by accident, also second after Haiti in intensity of US intervention in the past century.''

TERROR RESISTANCE AND THE RIGHT TO SELF DETERMINATION:

''These considerations have to do with the boundary between terror and aggression. What about the boundary between terror and resistance? One question that arises is the legitimacy of actions to realize "the right to self-determination, freedom, and independence, as derived from the Charter of the United Nations, of people forcibly deprived of that right..., particularly peoples under colonial and racist regimes and foreign occupation..." Do such actions fall under terror or resistance? The quoted word are from the most forceful denunciation of the crime of terrorism by the UN General Assembly; in December 1987, taken up under Reaganite pressure. Hence it is obviously an important resolution, even more so because of the near-unanimity of support for it. The resolution passed 153-2 (Honduras alone abstaining). It stated that "nothing in the present resolution could in any way prejudice the right to self-determination, freedom, and independence," as characterized in the quoted words.The two countries that voted against the resolution explained their reasons at the UN session. They were based on the paragraph just quoted. The phrase "colonial and racist regimes" was understood to refer to their ally apartheid South Africa, then consummating its massacres in the neighboring countries and continuing its brutal repression within. Evidently, the US and Israel could not condone resistance to the apartheid regime, particularly when it was led by Nelson Mandela's ANC, one of the world's "more notorious terrorist groups," as Washington determined at the same time. Granting legitimacy to resistance against "foreign occupation" was also unacceptable. The phrase was understood to refer to Israel's US-backed military occupation, then in its 20 th year. Evidently, resistance to that occupation could not be condoned either, even though at the time of the resolution it scarcely existed: despite extensive torture, degradation, brutality, robbery of land and resources, and other familiar concomitants of military occupation, Palestinians under occupation still remained "Samidin," those who quietly endured.''

''There are other such examples. We might want to bear them in mind when we read Bush II's impassioned pronouncement that "the United States makes no distinction between those who commit acts of terror and those who support them, because they're equally as guilty of murder," and "the civilized world must hold those regimes to account." This was proclaimed to great applause at the National Endowment for Democracy, a few days after Venezuela's extradition request had been refused. Bush's remarks pose another dilemma. Either the US is part of the civilized world, and must send the US air force to bomb Washington; or it declares itself to be outside the civilized world. The logic is impeccable, but fortunately, logic has been dispatched as deep into the memory hole as moral truisms.''

ACCUSATIONS OF TERRORRISM AS MEANS TO CONTROL AND PUNISH

''Elsewhere in the Mideast too terror is regarded as secondary to ensuring that the region is under control. Another illustration is Bush's imposition of new sanctions on Syria in May 2004, implementing the Syria Accountability Act passed by Congress a few months earlier. Syria is on the official list of states sponsoring terrorism, despite Washington's acknowledgment that Syria has not been implicated in terrorist acts for many years and has been highly cooperative in providing important intelligence to Washington on al-Qaeda and other radical Islamist groups. The gravity of Washington's concern over Syria's links to terror was revealed by President Clinton when he offered to remove Syria from the list of states sponsoring terror if it agreed to US-Israeli peace terms. When Syria insisted on recovering its conquered territory, it remained on the list. Implementation of the Syria Accountability Act deprived the US of an important source of information about radical Islamist terrorism in order to achieve the higher goal of establishing in Syria a regime that will accept US-Israeli demands.''

The Cuban example from official US documents:
''Why should the Treasury Department devote vastly more energy to strangling Cuba than to the "war on terror"? The basic reasons were explained in internal documents of the Kennedy-Johnson years. State Department planners warned that the "very existence" of the Castro regime is "successful defiance" of US policies going back 150 years, to the Monroe Doctrine; not Russians, but intolerable defiance of the master of the hemisphere, much like Iran's crime of successful defiance in 1979, or Syria's rejection of Clinton's demands. Punishment of the population was regarded as fully legitimate, we learn from internal documents. "The Cuban people [are] responsible for the regime," the Eisenhower State Department decided, so that the US has the right to cause them to suffer by economic strangulation, later escalated to direct terror by Kennedy. Eisenhower and Kennedy agreed that the embargo would hasten Fidel Castro's departure as a result of the "rising discomfort among hungry Cubans." The basic thinking was summarized by State Department official Lester Mallory: Castro would be removed "through disenchantment and disaffection based on economic dissatisfaction and hardship so every possible means should be undertaken promptly to weaken the economic life of Cuba in order to bring about hunger, desperation and the overthrow of the government." When Cuba was in dire straits after the collapse of the Soviet Union, Washington intensified the punishment of the people of Cuba, at the initiative of liberal Democrats. The author of the 1992 measures to tighten the blockade proclaimed that "my objective is to wreak havoc in Cuba" (Representative Robert Torricelli). All of this continues until the present moment.
The Kennedy administration was also deeply concerned about the threat of Cuban successful development, which might be a model for others. But even apart from these standard concerns, successful defiance in itself is intolerable, ranked far higher as a priority than combating terror. These are just further illustrations of principles that are well-established, internally rational, clear enough to the victims, but scarcely perceptible in the intellectual world of the agents.''

WHAT IS THE REAL NATURE OF THE CURRENT WAR ON TERROR ?

''The senior CIA analyst responsible for tracking Osama bin Laden from 1996, Michael Scheuer, writes that "bin Laden has been precise in telling America the reasons he is waging war on us. None of the reasons have anything to do with our freedom, liberty, and democracy, but have everything to do with U.S. policies and actions in the Muslim world." Osama's concern "is out to drastically alter U.S. and Western policies toward the Islamic world," Scheuer writes: "He is a practical warrior, not an apocalyptic terrorist in search of Armageddon." As Osama constantly repeats, "Al Qaeda supports no Islamic insurgency that seeks to conquer new lands." Preferring comforting illusions, Washington ignores "the ideological power, lethality, and growth potential of the threat personified by Osama bin Laden, as well as the impetus that threat has been given by the U.S.-led invasion and occupation of Muslim Iraq, [which is] icing on the cake for al Qaeda." "U.S. forces and policies are completing the radicalization of the Islamic world, something Osama bin Laden has been trying to do with substantial but incomplete success since the early 1990s. As a result, [Scheuer adds,] it is fair to conclude that the United States of America remains bin Laden's only indispensable ally."The grievances are very real. A Pentagon advisory Panel concluded a year ago that "Muslims do not `hate our freedom,' but rather they hate our policies," adding that "when American public diplomacy talks about bringing democracy to Islamic societies, this is seen as no more than self-serving hypocrisy." ''

''There are ways to deal constructively with the threat of terror, though not those preferred by "bin Laden's indispensable ally," or those who try to avoid the real world by striking heroic poses about Islamo-fascism, or who simply claim that no proposals are made when there are quite straightforward proposals that they do not like. The constructive ways have to begin with an honest look in the mirror, never an easy task, always a necessary one.''

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