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International Relations Center (IRC)
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Introducing the latest policy analysis from International Relations Center

War Crimes: The Posse Gathers
By Jeremy Brecher and Brendan Smith

Diverse forces are assembling to bring Bush administration officials to account for war crimes. Cindy Sheehan, Gold Star Mother for Peace, insists: “We cannot have these people pardoned. They need to be tried on war crimes and go to jail.” Paul Craig Roberts, Hoover Institution senior fellow and assistant secretary of the treasury under Ronald Reagan, charges Bush with “lies and an illegal war of aggression, with outing CIA agents, with war crimes against Iraqi civilians, with the horrors of the Abu Ghraib and Guantanamo torture centers” and calls for the president’s impeachment. Anne-Marie Slaughter, dean of the Woodrow Wilson School at Princeton and former president of the American Society of International Law, declares: “These policies make a mockery of our claim to stand for the rule of law. [Americans] should be marching on Washington to reject inhumane techniques carried out in our name.”

Can such disparate forces as the peace movement, conservative advocates of the rule of law, and human rights advocates join to halt high government officials demonstrably engaged in criminal enterprise? Can they reach out and appeal to the deep but vacillating commitment of the American people to the national and international rule of law? Or will the Bush administration divide the posse and retain for itself the mantle of defender of international law and the U.S. Constitution?

Jeremy Brecher and Brendan Smith, with Jill Cutler, are the co-editors of In the Name of Democracy: American War Crimes in Iraq and Beyond (New York: Metropolitan/Holt, 2005) http://www.americanempireproject.com and co-founders of War Crimes Watch. They are frequent contributors to Foreign Policy In Focus ( http://www.fpif.org ).

See new IRC commentary online at:
http://fpif.org/fpiftxt/2970

With printer-friendly pdf version at:
http://fpif.org/pdf/papers/0512posse.pdf

Torture Degrades Us All
By Ben Saul

In recent times, it has become fashionable to regurgitate old arguments in favor of torture, without fully thinking through the human implications of making such statements. Not only lawyers for the U.S. government, but academics from Harvard Law School and Deakin Law School in my own country of Australia have argued for torture.

Torture is as old as law itself; it was used in ancient Rome as in medieval Europe, French Algeria, and Northern Ireland, and now still in over 100 countries. It is not surprising that arguments for torture have reappeared in a time of crisis (or perceived crisis) for western countries, when some people instinctively reach for more legal powers, seemingly blind to the history of past emergencies where torture was deemed unnecessary.

For those who think we live in an age of terror, it is intuitively appealing to believe that torturing one person to save many is the right thing to do. Discussion of torture should not be taboo, but arguments for it must withstand moral scrutiny. The legal meaning of “torture” was drafted by human hands; it is therefore fallible and cannot merely be accepted as divine truth – particularly if the definition of torture is too weak.

Terrorism does not demand that we torture to defend ourselves. To the contrary, the threat of terrorism reminds us of the importance of protecting human dignity, even of terrorists. Law necessarily draws moral lines in the sand which cannot be crossed; the inevitability of torturing the innocent is a price too high to pay to save the lives of others.

Arguments against torture are not based on alarmism, moral absolutism, or rhetoric. The consequences of forcibly violating the body and the mind are profound and signal an unnecessary return to the blunt techniques of medieval justice. Torture irreparably damages human dignity, devalues human life, and corrupts the institutions of our democracy.

Ben Saul ( http://www.law.unsw.edu.au/staff/SaulB/ ) is a lecturer in the Faculty of Law ( http://www.law.unsw.edu.au/ ) at the University of New South Wales, the director of the Bills of Rights Project
http://www.gtcentre.unsw.edu.au/projects_partners/projects/bor/index.asp at the Gilbert & Tobin Centre of Public Law, and a regular contributor to Foreign Policy In Focus ( http://www.fpif.org ).

See new IRC commentary online at:
http://fpif.org/fpiftxt/2974

With printer-friendly pdf version at:
http://fpif.org/pdf/papers/0512torture.pdf

Iraq Strategy: Still AWOL, Still Costly
By Col. Daniel Smith, U.S. Army (Ret.)

Some of Bush’s November 30 speech at Annapolis seemed as old as Vietnam. Johnson, appearing before a friendly audience, tried to explain the nature of the Vietnam War, why the United States was there, and the war’s objectives, ending with a vision of Vietnam’s economic development within a larger world order. Johnson said he regretted the “waste of war,” noting however that often it had to precede “the works of peace.” By that April 7, 1965, just 400 U.S. troops had died in Vietnam.

Bush, under growing criticism across the political spectrum, also chose a friendly audience at the Naval Academy for his latest attempt to define and defend what the White House terms its “stay the course” strategy in Iraq. Unfortunately, maintaining the status quo is not and never has been a strategy. Moreover, as is evident from what Bush doesn’t say, he seems to be disconnected from the real world of real war and real politics in Iraq today – and hence somehow not responsible.

Accusing the terrorists of making Iraq the “central front in their war against humanity,” he calls Iraq “the central front in the war on terror.” Nowhere does he acknowledge that before March 20, 2003, no al-Qaida or other non-Iraqis were fighting in Iraq.

Dan Smith is a military affairs analyst for Foreign Policy In Focus (online at http://www.fpif.org ), a retired U.S. Army colonel, and a senior fellow on military affairs at the Friends Committee on National Legislation.

See new IRC commentary online at:
http://fpif.org/fpiftxt/2972

With printer-friendly pdf version at:
http://fpif.org/pdf/gac/0512awol.pdf

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UNITED FOR PEACE & JUSTICE | 212-868-5545


From ufpj-news

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The Posse Gathers: Bush War Crimes:

The task is now upon us all to better understand the criminality of our government's aggression and, as citizens, to act accordingly to demand that our government adheres to international law."

http://www.counterpunch.com/brecher12062005.html

Rep. Henry A. Waxman lays down the key facts about the reconstruction which he describes as "an enormous boondoggle" - not an example of "quiet, steady progress." Senator Russ Feingold's statement follows with equal criticism of the president's speech, pointing out that "the president does not understand that his Iraq policies are preventing us from succeeding in our larger campaign against global terrorists."

http://www.truthout.org/docs_2005/120705A.shtml

Leaders from around the world are meeting right now in Montreal on new steps to cut the pollution that is causing global warming. They are beginning the crucial discussion about how the Kyoto Protocol will work in the next phase of its implementation, beyond the year 2012.

Unfortunately, the Bush Administration is not only keeping the US from joining in these negotiations, it is also actively working to undermine talks among other nations, halting global progress on post-2012 plans. Instead of joining with the world to build a solution, the US is blocking the Montreal negotiations. The US needs to lead the world, not obstruct progress on this important issue.

The negotiator’s official actions run counter to the needs and desires of the American people. Governors, mayors and corporate leaders are taking action to protect public health, create new jobs and cut global warming pollution. Faith leaders, workers and farmers are demanding more action from the administration and Congress. Even in Washington a bipartisan majority of the Senate passed a resolution last June calling for mandatory legislation to “slow, stop and reverse” the growth of dangerous heat-trapping pollution. Americans are already taking action to stop climate change, and we need our administration to join in the process.

It’s time for the U.S to join the world in recognizing the promise of clean energy solutions. We need real leadership from our representatives in Washington. It is time for the Bush Administration to quit stonewalling and for the US Senate to pass legislation that will place real limits on global warming pollution.

We appreciate your help in this call to action.

Sincerely yours,

Ted Glick and Tom Stokes

Climate Crisis Coalition

== What to do ==

Contact your Senators right away and urge them to speak out publicly to support positive U.S. action in Montreal and for mandatory action to slow, stop and reverse global warming pollution in the U.S. Ask them to send a message to the White House to let the Kyoto Protocol move forward and to stop blocking negotiations for global action in Kyoto’s next phase after 2012.

With the assistance of Working Assets we have provided you a quick and easy way to do this. If you go to
http://www.workingforchange.com/activism/action.cfm?itemid=20026&afccode=climate, you will find a quick and easy way to email your U.S. Senators, with copies going to your Congressperson, Senate Majority Leader Frist, Senate Minority Leader Reid, and President Bush. The Working Assets site will also provide you with appropriate emails for letters to the editor in your area. If you could adapt the letter to your Senators (copied below) to a letter to the editor this would also be much appreciated.

These letters will not only draw much-needed attention to what is happening at the United Nations Climate Change Conference in Montreal, but they will also help advance the process of making the climate crisis a decisive issue in next year’s Congressional races.


Sample Letter to Your Senators

Dear Senator:

I am writing to urge you to take action to engage the United States in the important climate negotiations in Montreal. Action at the local, state, national and international levels is needed to address this, one of the single greatest challenges of our generation. I am outraged that the Bush Administration is blocking progress on international action to reduce global warming pollution. Please lead our country in the right direction:

1. Speak out publicly to support positive US action in Montreal. Please hold a press conference, make a Floor statement, and sign on to Congressional statements in recognition of this issue’s importance.

2. Support legislation for mandatory action to slow, stop and reverse global warming pollution in the US.

3. Call on the White House to let the Kyoto Protocol move forward and to stop blocking negotiations for global action in Kyoto’s next phase after 2012.

The Intergovernmental Panel on Climate Change and the National Academy of Sciences have concluded that the continued buildup of global warming pollution in the atmosphere threatens the stability of the global climate, threatening the economy, public health and the environment of the United States and the world.

I’m counting on you to protect American families by supporting global progress on this critical issue.

It’s time that the U.S. to take the lead. Engage the USA now.

Thank you and best regards,


UNITED FOR PEACE & JUSTICE | 212-868-5545


From ufpj-news

EXCLUSIVE: POTENTIAL SECURITIES FRAUD CLASS ACTION LAWSUIT AGAINST DIEBOLD IN PROGRESS! By Brad Friedman BradBlog December 7, 2005

http://www.bradblog.com/

Documents and comments provided by Company Insiders suggest Diebold could be the next Enron as All-New Legal Troubles Mount for Voting Machine Giant...

Additional Individual, Union Owners of Diebold Stock, Mutual Funds Sought for Addition to Plaintiff Class


The BRAD BLOG has received exclusive detailed information about a developing potential class action securities litigation against Diebold, Inc. (stock symbol: DBD). The class for the suit will involve shareholders who purchased or owned stock in the Ohio-based company any time from October 22, 2003 though September 21, 2005.

Though we are not at liberty at this time to discuss the specifics of the potential litigation and the causes of action in the complaint being compiled, The BRAD BLOG has learned that the class action lawsuit, currently being drawn up, will involve securities fraud violations and other troubling matters for the controversial company, its CEO as well as current and former members of its Board of Directors.

VelvetRevolution.us http://www.VelvetRevolution.us/ (an organization co-founded by BRAD BLOG managing editor, Brad Friedman) is seeking additional individuals and groups who may qualify as plaintiffs in the specified class. Those who owned or purchased Diebold stock, or mutual funds which carried Diebold during the period mentioned, are asked to contact
LawSuit@VelvetRevolution.us where information submitted may be turned over to attorneys for possible addition to the plaintiff class.

Union groups who own or owned shares of Diebold or mutual funds which invest in the company are specifically urged to contact VR about joining the class action.

The mutual funds which are most heavily invested in Diebold are listed here http://finance.yahoo.com/q/mh?s=DBD . Information on "Insider Transactions" is listed here.

Diebold, Inc. is the controversial Voting Machine and ATM manufacturer who was recently compared to Enron by an anonymous company insider The BRAD BLOG dubbed "DIEB-THROAT" in a series of exclusive reports http://www.BradBlog.com/Diebold.htm . The Internet news site, RAW STORY ran a new exclusive interview with DIEB-THROAT yesterday

http://rawstory.com/news/2005/Diebold_insider__alleges_company_plagued_1206.html revealing additional details on the inner-workings of the company and potential legal issues they may face.

Shortly after our first report on DIEB-THROAT
http://www.bradblog.com/archives/00001838.htm , Diebold's stock price plummeted some 15.5%. The company attributed their troubles at the time to shortfalls in the wake of Hurricane Katrina and on the same day announced the resignation of their chief operating officer (COO) and President, Eric C. Evans. Our source, DIEB-THROAT, challenged the company's response to the falling stock prices in the wake of lower than expected earnings by suggestion that "Using Hurricane Katrina is a poor excuse for bad products - the last time this kind of deception occurred it was called Enron."

Diebold CEO Walden O'Dell has come under harsh criticism for his statement to Republican fundraisers that Diebold was committed to delivering the electoral vote of the state of Ohio to George W. Bush prior to the 2004 Presidential Election. O'Dell was part of Bush's "Rangers and Pioneers," a group of individuals who had raised at least $100,000 each for Bush/Cheney's 2004 re-election campaign.

As well, the company has been facing other mounting troubles, legal and in the court of public opinion, over their implementation of software, hardware and various Elections Systems contracts around the United States as has been reported in have charged the company may be in violation of a court order stemming from that agreement. In North Carolina, Diebold recently lost an attempt in the court system to receive exemption from parts of a state law requiring the escrow of their voting system's software source code. They were certified anyway the next day in North Carolina, and some activists have questioned whether or not the certification was done according to state law and whether or not new legal proceedings may be launched there. And in California, a debate rages on concerning the possible re-certification of Diebold's touch-screen voting machines here after some 20% of their machines failed in a recent mock election test.

According to internal "Privileged and Confidential" documents of "Attorney Work Product" originally obtained and reported by Ian Hoffman of The Oakland Tribune in 2004, an estimate of legal costs in California for the Voting Machine giant was pegged by their attorneys at $535,000 - $925,000 for just a single two month period in order to fight mounting legal troubles in the state. Diebold's law firm, Jones Day fought in Los Angeles County Superior Court to keep those leaked memos from being further circulated.

The document estimating legal expenses
http://media.mnginteractive.com/media/paper190/ActionandBudget.pdf lists costs in regard to the Qui Tam Action filed (and eventually settled) by election watchdogs at BlackBoxVoting.org, the costs for fighting "Criminal Exposure" such as "legal analysis of potential criminal violations" and "White collar criminal law attorney pre-grand jury investigative advice" and even costs to the firm to "Monitor selected Web sites to gain key intelligence."

Concerning the potential of a new lawsuit against the company, DIEB-THROAT is not surprised, and expressed hopes to The BRAD BLOG in a recent email that some good may come from the possibilities of upcoming litigation:

"The denial of every documented problem with Diebold's voting system was bound to unravel sooner or later. I am not surprised that such a lawsuit has developed [as] the company consistently offered Wall Street deceptive information. Perhaps with the help of few patriotic plaintiffs our nation will be saved from Diebold's corporate takeover of our right to vote - and have that vote counted free from corporate and political influence."

The BRAD BLOG will, of course, continue to follow this story as it develops...


Informant: NHNE

http://www.breitbart.com/news/2005/12/07/051207182757.ht1oak7y.html


Informant: NHNE

Breaking a tradition of openness that began in 1816, the Bush administration has without explanation withheld the names and work locations of about 900,000 of its civilian workers, according to a lawsuit filed Tuesday.

http://tinyurl.com/atysh


From Information Clearing House

James Tobin, President Bush's onetime New England campaign chairman, is being tried on one federal count of conspiring against voters' rights and several counts involving telephone harassment. He could face up to 10 years in prison if convicted.

http://tinyurl.com/abo53


From Information Clearing House

The hypocrisy of the US war on terrorism is revealed by its treatment of my husband.

http://www.informationclearinghouse.info/article11236.htm

Dutch Foreign Minister Ben Bot has said the comments by US Secretary of State Condoleezza Rice about secret CIA flights and detention centers for terrorist suspects outside the United States were "unsatisfactory," Dutch news agency ANP reported Tuesday.

http://news.xinhuanet.com/english/2005-12/06/content_3886226.htm


From Information Clearing House

By Manuel Valenzuela

With Americans watching so much television on a weekly basis, discarding books of enlightenment for monitors of idiocy, preferring the drug of fantasy over the sobering realm of reality, no longer capable of analytical, logical thought, choosing to incorporate as their own the views, beliefs and opinions of corporate media, the keepers at the gate are free to do as they please, disseminating lies, distortions, manipulations, propaganda and fictions into our homes and the minds of our family, young and old, never discriminating and always flowing in the interest of the Establishment.

http://www.informationclearinghouse.info/article11242.htm