Monday, January 13, 2014

ICC Names Top UK Officers for Torture

Sandy Davies

Exclusive: Devastating dossier on 'abuse' by UK forces in Iraq goes to International Criminal Court

Senior UK military and political figures could end up in the dock as 400 victims denounce 'systemic' use of torture and cruelty 

   
Sunday 12 January 2014













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A devastating 250-page dossier, detailing allegations of beatings, electrocution, mock executions and sexual assault, has been presented to the International Criminal Court, and could result in some of Britain's leading defence figures facing prosecution for "systematic" war crimes.
General Sir Peter Wall, the head of the British Army; former Defence secretary Geoff Hoon; and former Defence minister Adam Ingram are among those named in the report, entitled "The Responsibility of UK Officials for War Crimes Involving Systematic Detainee Abuse in Iraq from 2003-2008".
       [Where are the US investigations?  Why is Rumsfeld laughing? ]
The damning dossier draws on cases of more than 400 Iraqis, representing "thousands of allegations of mistreatment amounting to war crimes of torture or cruel, inhuman or degrading treatment".
 
They range from "hooding" prisoners to burning, electric shocks, threats to kill and "cultural and religious humiliation". Other forms of alleged abuse include sexual assault, mock executions, threats of rape, death, and torture.
 
The formal complaint to the ICC, lodged yesterday, is the cumulation of several years' work by Public Interest Lawyers (PIL) and the European Centre for Constitutional and Human Rights (ECCHR). It calls for an investigation into the alleged war crimes, under Article 15 of the Rome Statute.
 
The dossier, seen by The Independent on Sunday [UK], is the most detailed ever submitted to the ICC's Office of the Prosecutor on war crimes allegedly committed by British forces in Iraq. The court has already acknowledged that there was little doubt that war crimes were committed.
In 2006, it concluded: "There was a reasonable basis to believe that crimes within the jurisdiction of the court had been committed, namely wilful killing and inhuman treatment." At that time, prosecutors cited the low number of cases – fewer than 20 – as a reason for not mounting an investigation. But, since then, hundreds of other claims have come to light – prompting consideration of the complaint now. It is the start of a process which could result in British politicians and generals being put in the dock on war-crimes charges.Tony Blair meeting troops in Iraq in 2003Tony Blair meets troops in Iraq in 2003. A dossier alleging "systematic" war crimes by British forces - sent to Iraq by the former Prime Minister - has been presented to the International Criminal Court (PA)
The sheer scale and seriousness of the allegations passes the "gravity" threshold to justify an investigation, according to the complaint. It continues "those who bear the greatest responsibility" for alleged war crimes "include individuals at the highest levels" of the British Army and political system. 
 
It concludes the evidence "justifies further investigation" into the criminal responsibility "of senior individuals within the UK military and government". It adds British military commanders "knew or should have known" that forces under their control "were committing or about to commit war crimes". And "civilian superiors knew or consciously disregarded information at their disposal, which clearly indicated that UK services personnel were committing war crimes in Iraq".
 
 

Tuesday, January 7, 2014

KOCH Bros Huge War Chest for 2014

Koch Fundraising Network Outpaces Rivals in Cash, Complexity

Monday, 06 Jan 2014 12:39 PM
By Melanie Batley
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The extensive network of political action committees and fundraising groups built by Conservative billionaire brothers Charles and David Koch is unrivaled in its fundraising prowess and its legal sophistication designed to protect donor anonymity.

According to The Washington Post, tax filings show that the nonprofit groups backed by the Kochs in the 2012 elections out-raised every other independent group on the right and also trumped the Democrats' national coalition of labor unions.

"It's a very sophisticated and complicated structure," Lloyd Hitoshi Mayer, a University of Notre Dame Law School professor and expert on tax issues of politically active nonprofits, told the Post.

In particular, 17 conservative groups make up the network, each focusing on specific public policy issues ranging from the new healthcare law, federal spending, and environmental regulations, using hard-hitting attack ads, according to the Post. The network also distributes funds to groups whose approach is in keeping with the Koch brothers' libertarian, free-market philosophy.

"Kochs' involvement in political and public policy activities is at the core of fundamental liberties protected by the First Amendment to the United States Constitution," Koch Industries spokesman Robert Tappan told the Post.

"This type of activity is undertaken by individual donors and organizations on all ends of the political spectrum—on the left, the middle, and the right. In many situations, the law does not compel disclosure of donors to various causes and organizations."

In 2012, the network raised at least $407 million,
a figure based on an analysis of tax returns by The Washington Post and the Center for Responsive Politics, a nonpartisan group that monitors money in politics. The money is generated by significant numbers of donors beyond the Kochs, and the operation is already gearing up for the 2014 midterm elections with new staff hires and attack ads against Obamacare.

Tappan told the Post that "Koch has been targeted repeatedly in the past by the Administration and its allies because of our real (or, in some cases, perceived) beliefs and activities concerning public policy and political issues."

Under proposals announced in November, the IRS may crack down on organizations such as the Kochs' by instituting new rules to limit the scope of nonprofit groups engaged in political activity, particularly those that do not disclose the identity of donors.

Charles Koch has defended the need for structures to protect the anonymity of donors, saying in a 2012 Forbes interview that he has personally suffered from abuse for his political views and activities.

"We get death threats, threats to blow up our facilities, kill our people. We get Anonymous and other groups trying to crash our IT systems. So long as we're in a society like that, where the president attacks us and we get threats from people in Congress, and this is pushed out and becomes part of the culture — that we are evil, so we need to be destroyed, or killed — then why force people to disclose?"

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Friday, January 3, 2014

States Defend Our Privacy Better than Feds

EFF Looks Back on 2013:                             States, Not Congress, Stepped Up To Protect Individuals’ Privacy

 Electronic Frontier Foundation
January 2, 2014 | By Hanni Fakhoury

As the outcry against NSA spying and electronic surveillance has grown, the need to protect privacy through legislation has never been higher. With law enforcement itching to use aggressive new surveillance techniques from drones to facial recognition to fight crime, privacy is often discarded by the wayside as collateral damage. Ideally it would be Congress that would take the lead in passing privacy legislation, creating uniform standards that protect privacy across the country. And while there were a number of Congressional proposals, none went anywhere in 2013. So while Congress continues to drag its feet, State courts and Legislatures have stepped up to protect their citizens’ electronic privacy.

This summer, the Massachusetts Supreme Judicial Court ruled, in a case that we filed an amicus brief in, that passengers in a car have an expectation of privacy to be free from persistent GPS location monitoring. Montana and Maine passed legislation that required police to obtain a search warrant before tracking any electronic device. And Texas passed a bill that requires state law enforcement to obtain a search warrant before accessing electronic communications like emails from a service provider.

As States placed an emphasis on protecting privacy, we (EFF.org) stepped up our efforts to get involved at the State level. We filed numerous amicus briefs in state courts across the country on a whole host of privacy issues. We argued to the Supreme Courts of Rhode Island and Washington that your text messages stored on someone else’s cell phone were protected by the Fourth Amendment.

We urged courts in Connecticut and Massachusetts to follow New Jersey’s lead, and require police to obtain a search warrant before getting cell phone tower information.

We explained to the Texas high court that unlike a pair of pants, police can’t search an arrestee’s cell phone without a warrant.

And again before the Massachusetts high court, we explained why the Fifth Amendment prohibited a suspect from being forced to decrypt a computer.

We got involved in State legislation too, sponsoring an email privacy bill in California that passed the legislature, but was vetoed by Governor Jerry Brown.

We also opposed a Massachusetts bill that aimed to expand the State’s wiretapping statute.

Early indication suggests 2014 will see more States getting involved to pass privacy legislation. Wisconsin is considering a location privacy bill that would prohibit police tracking a cell phone without a search warrant. Lawmakers in Montana are planning to introduce an initiative to amend the State constitution to protect digital privacy. And we’ll be there too, working to convince State courts and Legislatures to make privacy conscious decisions, in addition to our Federal work.

Hopefully 2014 will be the year Congress catches up to the States.

Whistle Blowers Save Lives, Expose Evil

The Year of the "Leaker"

Tuesday, 31 December 2013 09:31 By Robert Parry, Consortium News | Op-Ed
2013 1231-4(Photo: Mike Herbst / Flickr)
People who condemn the leaks of classified documents by Pvt. Bradley (now Chelsea) Manning and National Security Agency contractor Edward Snowden typically cite the supposed harm done to U.S. diplomacy and say lives have been put at risk. Manning/Snowden defenders counter by noting how government secrecy has been used to conceal government excesses and to stifle meaningful debate.

But there is another factor in this discussion: Secrecy often has empowered U.S. government propagandists to manipulate the people and to trick them into policies that, in turn, have cost lives, inflicted damage to national security and created hatred toward America that its enemies can then exploit. In other words, secrecy is the enabler of deception which has undercut precisely those interests that the Manning/Snowden critics say they want to protect (diplomacy and innocent life).

While one could take note of the secrecy and lies that cleared the paths into the disastrous wars in Vietnam and Iraq, let’s look at a less known case that I faced in 1988 as a correspondent at Newsweek: At the time, the Reagan administration – having suffered political damage from the Iran-Contra scandal – was trying to get its proxy war against Nicaragua’s Sandinista government back on track.

President Ronald Reagan’s skilled propagandists seized on what they claimed was Sandinista repression of Nicaragua’s Catholic Church and its Cardinal Obando y Bravo. All right-thinking Americans, especially Catholics, were incited to outrage over affronts to religious freedom. Because of this Sandinista behavior, the White House put political pressure on Congress to send more money and weapons to the Contra rebels who were killing thousands of Nicaraguans in towns near Honduras and Costa Rica.

But there was another side of the story that was hidden behind a veil of U.S. government secrecy. For years, the CIA and the White House had been funneling money through the Catholic Church into Nicaragua to destabilize the government. In effect, the Reagan administration had an inside-outside game going, Cardinal Obando and a group of right-wing Catholic priests were spreading around money to subvert Nicaragua from the inside while the Contra rebels were inflicting bloody havoc from the outside.

Whenever the Sandinista government would take steps against the U.S.-financed subversion, Reagan’s team would cite those actions as more justification to fund the Contra war. However, to make the propaganda work on the American people and Congress, the propaganda campaign required hiding the fact that the Reagan administration was using Cardinal Obando and his church infrastructure as a financial conduit.

In my reporting on the Contra war and Reagan’s obsession about Nicaragua, I had uncovered this secret. Ultimately I had more than a dozen sources inside the Contra movement or close to U.S. intelligence confirming these operations, which I was told carried an annual budget of about $10 million. I also discovered that the CIA’s support for Obando and his Catholic hierarchy went through a maze of cut-outs in Europe, apparently to give Obando deniability.

But one well-placed Nicaraguan exile said he had spoken with Obando about the money and the Cardinal had expressed fear that his past receipt of CIA funding would come out. The CIA funding for Nicaragua’s Catholic Church had originally been unearthed in 1985 by the congressional intelligence oversight committees, which insisted that the money be cut off to avoid compromising Obando.

However, White House aide Oliver North simply had his off-the-books Contra-support operation pick up where the CIA had left off. In fall 1985, North earmarked $100,000 of his privately raised money to go to Obando for his anti-Sandinista activities.

But what to do with this information? On one hand, I worried that exposure of this clandestine operation could put Obando and those right-wing priests in greater danger. On the other hand, my job – as I saw it – was to arm the American people with relevant facts so they could make knowledgeable judgments and avoid being manipulated by government propaganda, especially on a matter as important as war or peace.

Balance Tipped
For me, the balance of this question was tipped when the Reagan administration began disseminating propaganda citing the Sandinistas’ supposedly unprovoked clampdown on Obando’s operation as a reason for reauthorizing Contra funding. If I didn’t put forward this reporting, I would, in effect, be collaborating in a deception of the American people and contributing to a violation of international law, support for what any objective observer would call Contra terrorism.

So, I presented the information to my bureau chief, Evan Thomas. To my surprise, Thomas was eager to go forward. Newsweek editors then contacted the Central America correspondent Joseph Contreras, who outlined our questions to Obando’s aides and prepared a list of questions to present to the Cardinal personally. When Contreras went to Obando’s home in a posh suburb of Managua, the Cardinal literally evaded the issue.

As Contreras later recounted in a cable back to the United States, he was approaching the front gate when it suddenly swung open and the Cardinal, sitting in the front seat of his burgundy Toyota Land Cruiser, blew past. As Contreras made eye contact and waved the letter, Obando’s driver gunned the engine. Contreras jumped into his car and hastily followed. Contreras guessed correctly that Obando had turned left at one intersection and headed north toward Managua.

Contreras caught up to the Cardinal’s vehicle at the first stop-light. The driver apparently spotted the reporter and, when the light changed, sped away, veering from lane to lane. The Land Cruiser again disappeared from view, but at the next intersection, Contreras turned right and spotted the car pulled over, with its occupants presumably hoping that Contreras had turned left. Quickly, the Cardinal’s vehicle pulled onto the road and sped back toward Obando’s house. Contreras gave up the chase, fearing that any further pursuit might appear to be harassment.

Several days later, having regained his composure, the Cardinal finally met with Contreras and denied receiving any CIA money. But Contreras told me that Obando’s denial was unconvincing. Newsweek then drafted a version of the story, making it appear as if we weren’t sure of the facts about Obando and the money. When I saw a readback of the article, I went into Thomas’s office and said that if Newsweek didn’t trust my reporting, we shouldn’t run the story at all. He said that wasn’t the case; it was just that the senior editors felt more comfortable with a vaguely worded story.
We ended up in hot water with the Reagan administration and right-wing media attack groups anyway. Accuracy in Media lambasted me, in particular, for going with such a sensitive story without being sure of the facts (which, of course, I was). Thomas was summoned to the State Department where Assistant Secretary of State Elliott Abrams heaped more criticism on me though not denying the facts of our story.

I was later told that the Reagan administration was shocked that an American reporter would disclose such a sensitive operation. In other words, Reagan’s propagandists assumed they could simply get away with manipulating the American people without the background facts coming out. The attacks also worsened my relations with senior Newsweek executives.

But the disclosure of the Obando operation had none of the feared repercussions inside Nicaragua. The Sandinistas did nothing to punish Obando, who gradually evolved more into a figure of reconciliation than confrontation. Indeed, the Newsweek story may have helped facilitate an eventual political settlement in Nicaragua.

Lessons Learned
In general, the lessons that I have learned from several decades of dealing with these kinds of stories is that you should be careful to minimize risks to specific individuals whenever possible. But the real-life dangers cut both ways. Secrecy can be the handmaiden of deception – and that can get lots of innocent people killed.

To this day, former senior Pentagon official Daniel Ellsberg berates himself for not leaking the Pentagon Papers history of the Vietnam War earlier, when the revelations of government lying might have saved the lives of countless Americans and Vietnamese.

Journalists also bear a profound responsibility to the people who — in the United States – represent the sovereign power of a democratic Republic. The United States is not a monarchy or a dictatorship where government secrets are the possession of a king or the dictator.

The information rightly belongs to “We the People” and government officials should take seriously their stewardship of these facts. They should restrict access only when absolutely necessary, not when just convenient for their careers or expedient for manufacturing consent behind some desired policy.
In the real world, however, government officials can be expected to tilt the secrecy-disclosure balance in ways that make their lives easier. There is always some rationalization to wield the secrecy stamp, always some possibly negative consequence that can be dreamt up if the truth comes out.

Yes, there is a chance that al-Qaeda terrorists will take greater care in their communications if they hear about U.S. intercept capabilities, but the evidence is that they were already doing that, as the long hunt for Osama bin Laden showed. It’s also true that the deceptions that led the U.S. military into the Iraq invasion have helped al-Qaeda expand its influence across the Middle East by inflaming animosity toward the United States.

There can be little doubt, too, that the NSA’s collection of “metadata” and other information vacuumed up about hundreds of millions of innocent people has gotten seriously out of whack – a judgment shared by President Barack Obama’s special advisory panel on surveillance policies and by U.S. District Judge Richard Leon, an appointee of that paragon of the imperial presidency George W. Bush.

NSA leaker Snowden is clearly correct when he says this system of pervasive spying represents “turnkey tyranny,” ready to be abused by some future imperial president to silence his political opponents through blackmail and other means.

So, when the government’s internal checks and balances fail – for reasons of political expedience or bureaucratic inertia – the pressure builds within the government for some idealistic citizen with access to the secrets to challenge national security overreach by releasing some of the information, often in a messy and chaotic way.

Then, of course, the government and its apologists will decry the damage done to national security and to foreign policy. But that is a complaint that would carry more weight if government officials were not so eager to clutch so many “secrets” close to their chests and deem other Americans unfit to know the facts.

At a time when many senior officials have used secrecy to cover up their crimes – for example, torture carried out by President George W. Bush, Vice President Dick Cheney and scores of their subordinates – and when these government criminals have escaped all manner of accountability, is it any wonder that a few people of conscience would step forward and risk their careers and even their liberty to let the American public in on the secrets?

It becomes an existential question for this democratic Republic: why should patriots like Pvt. Manning face a 35-year prison term – and why should Edward Snowden have to seek asylum in Russia to avoid harsh prosecution at home – when U.S. government officials are free to flout the nation’s laws and then flaunt their authority over the nation’s secrets?

Tuesday, December 31, 2013

Drone Operator Exposes Errors

I worked on the US drone program. The public should know what really goes on

Few of the politicians who so brazenly proclaim the benefits of drones have a real clue how it actually works (and doesn't)

An Elbit Systems Hermes 450 drone. Photograph: AFP/Getty Images

Whenever I read comments by politicians defending the Unmanned Aerial Vehicle Predator and Reaper program – aka drones – I wish I could ask them a few questions. I'd start with: "How many women and children have you seen incinerated by a Hellfire missile?" And: "How many men have you seen crawl across a field, trying to make it to the nearest compound for help while bleeding out from severed legs?"

Or even more pointedly: "How many soldiers have you seen die on the side of a road in Afghanistan because our ever-so-accurate UAVs [unmanned aerial vehicles] were unable to detect an IED [improvised explosive device] that awaited their convoy?"

Few of these politicians who so brazenly proclaim the benefits of drones have a real clue of what actually goes on. I, on the other hand, have seen these awful sights first hand.

I knew the names of some of the young soldiers I saw bleed to death on the side of a road. I watched dozens of military-aged males die in Afghanistan, in empty fields, along riversides, and some right outside the compound where their family was waiting for them to return home from the mosque.
The US and British militaries insist that this is an expert program, but it's curious that they feel the need to deliver faulty information, few or no statistics about civilian deaths and twisted technology reports on the capabilities of our UAVs. These specific incidents are not isolated, and the civilian casualty rate has not changed, despite what our defense representatives might like to tell us.

What the public needs to understand is that the video provided by a drone is not usually clear enough to detect someone carrying a weapon, even on a crystal-clear day with limited cloud and perfect light. This makes it incredibly difficult for the best analysts to identify if someone has weapons for sure. One example comes to mind: "The feed is so pixelated, what if it's a shovel, and not a weapon?" I felt this confusion constantly, as did my fellow UAV analysts. We always wonder if we killed the right people, if we endangered the wrong people, if we destroyed an innocent civilian's life all because of a bad image or angle.

It's also important for the public to grasp that there are human beings operating and analysing intelligence these UAVs. I know because I was one of them, and nothing can prepare you for an almost daily routine of flying combat aerial surveillance missions over a war zone. UAV proponents claim that troops who do this kind of work are not affected by observing this combat because they are never directly in danger physically.

But here's the thing: I may not have been on the ground in Afghanistan, but I watched parts of the conflict in great detail on a screen for days on end. I know the feeling you experience when you see someone die. Horrifying barely covers it. And when you are exposed to it over and over again it becomes like a small video, embedded in your head, forever on repeat, causing psychological pain and suffering that many people will hopefully never experience. UAV troops are victim to not only the haunting memories of this work that they carry with them, but also the guilt of always being a little unsure of how accurate their confirmations of weapons or identification of hostile individuals were.

Of course, we are trained to not experience these feelings, and we fight it, and become bitter. Some troops seek help in mental health clinics provided by the military, but we are limited on who we can talk to and where, because of the secrecy of our missions. I find it interesting that the suicide statistics in this career field aren't reported, nor are the data on how many troops working in UAV positions are heavily medicated for depression, sleep disorders and anxiety.

Recently, the Guardian ran a commentary by Britain's secretary of state for defence, Philip Hammond. I wish I could talk to him about the two friends and colleagues I lost, within a year of leaving the military, to suicide. I am sure he has not been notified of that little bit of the secret UAV program, or he would surely take a closer look at the full scope of the program before defending it again.

The UAVs in the Middle East are used as a weapon, not as protection, and as long as our public remains ignorant to this, this serious threat to the sanctity of human life – at home and abroad – will continue.

• Editor's note: Heather Linebaugh does not possess any classified material and has honored her non-disclosure agreement since the time of her discharge.