Cockburn
/ St. Clair's Scorching New History of a Decade of War
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Today's
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June
5, 2004
Dave
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June
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Susan Block
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The Bully and the Brahmin
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Insanity in America: US Ranks Number
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Nassar Melki
Caravaggio in Iraq
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Whitney
Subverting Justice: Pre-Trial Ruminations in the Padilla Case
Diane
Rejman
Memorial Day Isn't Just About the Dead
Scott
Morris
"WMDs" in Cuba
Paul
de Rooij
Palestinian Misery in Perspective

June
2, 2004
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Cloughley
The Liars are Winning
Ray
McGovern
How Far Would They Go? Beware "Credible
Intelligence"
Josh
Frank
The Anybody But Bush Offensive
Mike
Whitney
The Afghanistan Failure: Bush's Warlord Patriots
Jackie
Corr
Iraq and Ireland: Three Tales from Butte, Montana
Robert
Jensen
The US Lost the Iraq War...and It's a Good Thing, Too
Alexander
Cockburn
"Bye, Bye Boonville!"

June
1, 2004
Gary
Leupp
Instant Karma: Bush's Sins Catch Up
with Him
William
A. Cook
Manufacturers of Fear and Loathing in
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Dave
Lindorff
Will the Times Clean House?
Kevin
Zeese
Inside the Kerry / Nader Meeting: Did
the Kerry Campaign Lie About What Was Discussed?
Jacob
Levich
Coming Soon: Return of the Draft,
a Bipartisan Production
Kathy
Kelly
Voices in the Wilderness v. the US
Government
Website
of the Day
Remind Us

May
29 / 31, 2004
Lee
Ballinger / Dave Marsh
The Origins of Memorial Day
Janine
Pommy Vega
Memo for Memorial Day
Mike
Ferner
On Their Way to Abu Ghraib
Alfred
W. McCoy
The Cruel Shadow: the Long History of CIA Torture Research
Douglas
Valentine
An Open Letter to the NYT: Questions, Questions, Questions
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White
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Bruce
Anderson
The Awful Injustice to Tai Abreu
David
Vest
Get Ready for Kerry's War: the 100 Year Quagmire
Saul
Landau
Torture: the Logical Outcome of Bush's War for Democracy?
Kurt
Nimmo
Abu Hamza al-Mazri, Made in the USA
Elaine
Cassel
The Secrets of Surveillance: Ashcroft, Snoops, and Gag Orders
Will
Potter
The New War on "Terror": Protest the Torture of Chimps;
Get Arrested as a "Terrorist"
Ben
Tripp
They Fiddled While Nero Got the Matches
Dr.
Susan Block
Save Abu Ghraib!
Kia
Kojouri
Nukes, the US, Israel and Iran: an
Interview with Sasan Fayazmanesh
Mickey
Z
D-Day: 60 Years is Enough!
Jon
Brown
Correcting the Correction at the Times
Patrick
B. Barr
Pre-emptive War Insurance
Stephen
Gowans
Bad Apples in a Bad Barrel
Tom
Gorman
Gore on Bush in Iraq: the Approach May be Exotic, But It's Hardly
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Dave
Zirin
Fighting for Boxers' Rights: an Interview with Eddie Mustafa
Muhammad
Gregory
Weiher
Bush to Arabs: "Go Get Yourself Some Democracy"
Erik
Cummings
Jung Meets Bush
Poets'
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Davies, Ford, Kearney, McLellan and Albert
May
28, 2004
Rafael
Rodriguez Cruz
Curtain of Silence on the Cuban 5
Greg
Moses
Bush's Misleading Speech on Abu Ghraib
Dave
Lindorff
Dissing Independent Contractors:
Those Who Do the Dirty Work
Norman
Solomon
Leaping for Lies at the Times
Rep.
Bill Delahunt
Bush's Cruel New Rules on Cuba
Paul
McGeough
Chalabi Baba and the 40 Thieves
Niranjan
Ramakrishnan
India and Nehru: 40 Years After
Alexander
Cockburn
NYTs: "Maybe We Did Screw Up...a
Little"
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27, 2004
Amy
Goodman / David Goodman
Fatal Errors: the Lies of Our Times
Douglas
Valentine
Ragging the Dogs of War at the
NYTs
John
L. Hess
The Times Confesses...Kind Of
Stew
Albert
Dellinger, the Wrestling Pacifist
Dave
Dellinger
a 1993 Interview
Christopher
Brauchli
Tax Breaks for Scions...to Hell with Poor Kids
Rampton
/ Stauber
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May
26, 2004
Ron
Jacobs
Goodbye, David Dellinger: He Was a
Friend of Ours
Robert
Fisk
The Things Bush Didn't Say in His Speech
Zeynep
Toufe
New Draft UN Resolution Permits Perpetual Occupation
Conn
Hallinan
Bush and Sharon: the Oil Connection
Tom
Stephens
2 + 2 is On My Mind: More Morons
and War Crimes
Derek
Medley
Protesting Gov. Bigot
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Andrew
Cockburn
The Trail to Tehran

May
25, 2004
Joe
Bageant
The Covert Kingdom: On Earth as It
is in Texas
Col.
Dan Smith
A Question of Human Dignity
Gary
Handschumacher
Visiting Lori Berenson: Time to Bring Her Home
Toni
Solo
A Developing War in the Andes
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September Song: Disturbing Questions
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Stephen
Banko, III
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Website
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May
24, 2004
Ron
Jacobs
Dan Senor is Safe!
Kurt
Nimmo
Dirty Tricks & TortureGate: the
Missing Taguba Pages
Sam
Hamod
Gen. Zinni: "Wrong War, Wrong
Place, Wrong Time"
Mike
Whitney
The Wedding was a Bomb
Stan
Goff
Open Season on MAMs
Image
of the Day
A Photo from Abu Ghraib We Didn't See on the Front Page of the
NYTs
May
22 / 23, 2004
Paul
de Rooij
Colin Powell, a Political Obituary
Jeffrey
St. Clair
When War is Swell: Bush and the Carlyle Group
Elizabeth
Weill-Greenberg
Her Son Was Told He Wouldn't See Combat; Now He's Dead: an Interview
with Sue Niederer
Brian
Cloughley
America is Committing War Crimes in Iraq
Saul
Landau
Democracy in Latin America: Great for Investors; Not So Good
for People
Brandy
Baker
Feminists Stand By Their Man: Abortion, Judges and Kerry
Randall
Robinson
Bushwhacked in the Caribbean
Uri
Avnery
The Rape of Rafah
Ben
Tripp
Assume the Worst
Bruce
Anderson
News from Ecotopia: the Truth About the Wine Business
Josh
Ruebner
Why I Burned My Israeli Military Papers
Peter
Wolson, Ph. D.
Exhibitionistic Revenge at Abu Ghraib
Chloe
Cockburn
In Defense of "Troy": What Hector Could Teach Rummy
Linda
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Sexual Domination in Uniform: an American Value
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War of the Necrophiliacs: Spc. Sabrina Harman and Her Corpse
David
Krieger
Charting a New Course for US Nuclear Policy
Ron
Jacobs
Turnaround
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Close
The Canards of the Apologists
Christopher
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"The Object of Torture is Torture"
Amira
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Darkness at Noon
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McCarthy
Camilo Mejia: Can the Son of a Sandinista Get a Fair Trial from
the US Army?
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Nader v. Bush
Omar
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No More Tears for America
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Moral Failure of the "Free World" in Gaza
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May
20, 2004
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Weekend
Edition
June 5 / 6, 2004
The
US Established a New Category of Human Being Without Rights:
"the Terrorist"
Toward
a Universal Declaration of Human Wrongs
By
C. DOUGLAS LUMMIS
A talk given at the symposium,
"The World Today", sponsored by Forum Barcelona 2004
12 May, 2004
Let me begin by saying that as an American
citizen I want to express my congratulations and my gratitude
to the people of Spain for instructing their government to withdraw
from the illegal and unjustified catastrophe called the occupation
of Iraq. This not only a great gift to the people of Iraq, it
is also (whether they know it or not) a great gift to the people
of the United States. I admire you, and I envy you.
The sponsors of this forum
have put to us the following question. "For globalization
not to mean hegemony it requires diversity; and for difference
and localization not to mean exclusion common values and areas
must be built up. What are those areas that need common efforts?
. . . On which values should we cooperate?"
Half a century ago the United
Nations produced a document that was an attempt to answer this
question: The Universal Declaration of Human Rights. This was
by no means a perfect answer, but it was pretty good, and holds
up well today. It has, however, been criticized for not being
genuinely universal. Much of what is in the Declaration, it
is alleged, grows out of the Western experience and represents
Western values. Moreover, in recent years "universal human
rights" has been transformed into an ideology justifying
"humanitarian intervention". For centuries the West
has justified its domination over the rest of the world by claiming
to be acting in the name of "universal" values; "universal
human rights" is its latest excuse for hegemony.
On the whole, these accusations
are true. If you read through the Declaration, it is easy enough
to see that most of it--especially those parts that set out concrete
rights rather than abstract values--is not universal, if universal
means applying equally in any possible type of society. "No
one shall be subjected to arbitrary arrest, detention, or exile"
(Art. 9) applies only in a society that has a police force and
a prison system. "Everyone has a right to a nationality"(Art.
15) would have little meaning in a society that has no concept
of "nationality". Such rights as the right to freedom
of thought (Art. 18) and freedom of assembly (Art. 20) would
be of little use in a society in which it had never occurred
to anyone to interfere with these things. "[T]he right
to take part in the government" and the right to "periodic
and genuine elections" (Art. 21) apply only where there
is an organized "government" that is to some degree
alienated from "the people". Again, "the right
to work", the right to "equal pay for equal work"
and the right to organize trade unions (Art. 23) have meaning
only in a society where the system of wage labor, with its potential
for exploitation of the worker, has been introduced. The stipulation
that "elementary education shall be compulsory" would
sound strange in a society where the state had not replaced the
family as the principal educator. And so on.
These rights are not universal,
they are situational. And the "situation" to which
they apply is a situation that originally developed in the West.
But let us look at this more closely. Human rights were not
invented by the ruling powers in the West. Rather they were
built up by the people, as a way of defending themselves against
the two monsters that those ruling powers invented: the modern
nation state, with its "monopoly of legitimate violence",
and industrial capitalism, with its genius for extracting surplus
value from people's work. Neither of these is universal, both
are historical: they replaced other forms of life, mostly violently,
and they in turn will surely pass away someday. Thus while human
rights are not universal in the sense that they apply in any
possible human society, in a situation where the modern nation
state has been founded and industrial capitalism introduced,
they are very, very useful. And if we take the word "universal"
in its softer sense, meaning "applicable just about everywhere",
we can say that, for better or for worse, this situation is universal
today: most of the people in the world live under the power of
a nation state and are directly or indirectly under the influence
of industrial capitalism.
Thus when we hear accusations
that "human rights" are biased toward the West, we
need to look carefully at who, in what situation, is making this
accusation. Is it a person who is pleased to call himself or
herself prime minister of a state that is equipped with a Western--style
bureaucracy, a criminal code, a police force, a prison system,
and an Internal Security Law that allows the government to arrest
people at will? Is it a factory owner who is pleased to be managing
a factory equipped with a Taylorist assembly line manufacturing
computer parts? It is, to say the least, cheating to import
a Western--invented apparatus of dominance, and then oppose the
ideas and methods that have been developed to defend people against
that apparatus (political rights, union organizations) by claiming
that they are alien to your non--Western culture. You accept
the one, you get the other.
But perhaps we need a whole
new way of looking at the matter. Perhaps if we can't agree
on a universal declaration of human rights, maybe we can agree
on a universal declaration of human wrongs. By "universal"
here I don't mean some set of absolute principles that should
be self--evident to all human beings. The search for that Holy
Grail is terribly important, but must be left up to the philosophers.
I mean rather, universally agreed upon, not through a process
of philosophical discourse but through a political process of
dialogue: talking to each other with the aim of gradually coming
to agreement.
Perhaps one way of approaching
such agreement is to start at the other end, listing not rights
but wrongs: behavior that no one should engage whatever the circumstances,
experiences that no human being should have to bear, no matter
what.
Of course, this is not a new
idea. In the past, the human community has come to, or come
close to, universal agreement on some very important wrongs.
For example, it is fairly generally
agreed that slavery is ruled out. In the south of my country,
and probably in some other countries as well, some nostalgia
remains for the old days of slavery, but there are no serious
proposals that the institution should be reestablished. When
we say we should understand and accept all sorts of cultural
variation, we do not mean that we should once again accept the
culture of slavery.
We have ruled out colonialism--at
least in its classic form (though it keeps changing its costume
and reasserting itself in unexpected ways).
We have ruled out genocide--or
we thought we had. For a time it seemed that horror at the Holocaust
had united world opinion as it had never been united before.
But sadly this does mean that genocidal behavior has actually
disappeared.
We have ruled out apartheid.
The disappearance of this legal structure from South Africa
was brought about not only by the struggle of the people there,
but also by the extraordinary unity of world opinion in condemning
it.
In 2001 the United States government
tried to add another item to this list, and to unite the world
under its own leadership in a War Against Terrorism.
It has failed in this and,
ironically, seems on the verge of uniting world opinion in condemnation
of its own negative example.
I am speaking particular about
the recent news of torture and sexual humiliation perpetrated
against prisoners by American military jailors in Iraq. I have
no direct evidence, but I suspect that this may have generated
more worldwide revulsion than even the September 11 attacks on
the World Trade Center in New York. We all knew that people
can be killed and we knew that they can be tortured. But for
many, what was done to the prisoners at Abu Graib Prison was
beyond imagination.
One must understand that what
happened there happened within a context established by U.S.
government policy. U.S. President George W. Bush has said, "Such
practices do not reflect our values." Of course this is
true. What they reflect is some very widespread American vices.
More importantly, they reflect very directly the policies of
the Bush Administration.
Many people have pointed out
the connection between the treatment of prisoners in the Al Graib
Prison and the treatment of those being held in the U.S. base
at Guantanamo Bay, Cuba. As you know, the U.S. has imprisoned
hundreds of people captured during and after the invasion of
Afghanistan, at its base in Cuba. The U.S. Government has insisted
repeatedly that those prisoners do not have the status, and therefore
the rights, of prisoners of war. Neither the customary laws
of war on the treatment of prisoners, nor the Geneva Convention
of 1949 entitled Treatment of Prisoners, applies to them. This
means that, unlike POWs, they can be tried and punished for their
participation in battle. But if they don't have the status of
POWs, does this mean that they have the status of criminal suspects?
If they did, that would mean that under the U.S. Constitution
and U.S. criminal law, they would also have very detailed rights.
But no, they do not have that status either.
On 13 November, 2001, just
two months after the September 11 attacks, the U.S. President
issued a Presidential Decree stating that people determined to
be "illegal combatants" (i.e. "terrorists")
could be tried by special military tribunals, which do not have
to follow ordinary legal procedures. Of course, there is no
basis in the U.S. Constitution or in U.S. law for such tribunals.
This was never debated in the Congress; the President simply
announced it. His authority for doing so seems to have been
conjured out of thin air.
So these people have neither
the rights of POWs nor the rights of criminal suspects. They
have no right to meet lawyers, no right so see what evidence
the U.S. government may have against them, no right to know who
are the witnesses (if there are any witnesses) who have testified
against them, no right (if a trial should be held) to an open
trial, no right of appeal. More frightening still, they are
deprived of what is perhaps the most fundamental of all fundamental
human rights--the right to know what, if anything, they are alleged
to be guilty of. They are in the position of Joseph K in Kafka's
The Trial. They are told, "You are charged with
being guilty. Defend yourself as best you can."
The newspapers reported that
a human rights lawyer in the U.S. went to court seeking a writ
of habeas corpus: an order from the judge stating that the authorities
holding these men (and it seems they are all men) must either
show what crime they are charged with or let them go. The judge
refused to give the order, for the reason that the prisoners
are in Cuba, where U.S. law, and the judge's authority, do not
apply. From this we could understand why Cuba was chosen. U.S.
law does not apply there. Of course Cuban law cannot be enforced
on the U.S. base there. And international law does not apply
either, as they are not held as POWs. So they have been placed
in a space where there is no law at all. It is as if they had
been thrust back in time to some ancient age before human rights
had been invented. They are a new category of rightless persons.
They are trapped in a kind
of nightmare tautology:
Q: Why are we being held here
without rights?
A: Because you are "illegal
combatants" (="terrorists").
Q: On the basis of what evidence,
and through what legal procedure, was it determined that we are
"illegal combatants"?
A: In your case, such evidence
and procedure is unnecessary.
Q: Why are they unnecessary?
A: Because you are "illegal
combatants"
Thus U.S. government policy
has established a new category of human--The Terrorist--who can
be placed in a separate legal category from other humans, a category
in which there are no rights at all. Suspected Terrorists can
be assassinated using missiles fired from robot airplanes, they
can be imprisoned without charges, they can be given trials where
U.S. military officers are the judges, or they can be held for
years without being tried at all. It is permitted to do such
things not because of what these people did, but because of what
they are: they are Terrorists.
It is only a few steps from
there to the conclusion that they can be used by playful, sadistic
American kids as sex toys.
I propose as a candidate for
Item #1 on the Universal Declaration of Human Wrongs: It is
wrong to establish a category of human beings who have no rights.
Slavery, colonialism, the Holocaust,
and apartheid were all founded on the establishment of such a
category. And when we rejected them, we were saying that such
a category should never be allowed. It seems strange that we
need to affirm this once again, but evidently we must. Let us
hope that this time the affirmation will be universal.
Doug Lummis is a political scientist living in
Okinawa and the author of Radical
Democracy. Lummis can be reached at: ideaspeddlers@mpd.biglobe.ne.jp
Weekend Edition
Features for May 29 / 31, 2004
Mike
Ferner
On Their Way to Abu Ghraib
Alfred
W. McCoy
The Cruel Shadow: the Long History of CIA Torture Research
Douglas
Valentine
An Open Letter to the NYT: Questions, Questions, Questions
Chris
White
First to Fight Culture: a Former Marine on the Marine Motto
Bruce
Anderson
The Awful Injustice to Tai Abreu
David
Vest
Get Ready for Kerry's War: the 100 Year Quagmire
Saul
Landau
Torture: the Logical Outcome of Bush's War for Democracy?
Kurt
Nimmo
Abu Hamza al-Mazri, Made in the USA
Elaine
Cassel
The Secrets of Surveillance: Ashcroft, Snoops, and Gag Orders
Will
Potter
The New War on "Terror": Protest the Torture of Chimps;
Get Arrested as a "Terrorist"
Ben
Tripp
They Fiddled While Nero Got the Matches
Dr.
Susan Block
Save Abu Ghraib!
Kia
Kojouri
Nukes, the US, Israel and Iran: an
Interview with Sasan Fayazmanesh
Mickey
Z
D-Day: 60 Years is Enough!
Jon
Brown
Correcting the Correction at the Times
Patrick
B. Barr
Pre-emptive War Insurance
Stephen
Gowans
Bad Apples in a Bad Barrel
Tom
Gorman
Gore on Bush in Iraq: the Approach May be Exotic, But It's Hardly
New
Dave
Zirin
Fighting for Boxers' Rights: an Interview with Eddie Mustafa
Muhammad
Gregory
Weiher
Bush to Arabs: "Go Get Yourself Some Democracy"
Erik
Cummings
Jung Meets Bush
Poets'
Basement
Davies, Ford, Kearney, McLellan and Albert
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