Tuesday, August 26, 2008

On 'totalitarian jurisprudence' posted by Richard Seymour

James Petras writes that:

The Financial Times (FT), once the liberal, enlightened voice of the
financial elite (in contrast to the aggressively neo-conservative
Wall Street Journal) has yielded to the totalitarian-militarist
temptation. The feature article of the weekend supplement of August
16/17, 2008 – “The Face of 9/11” – embraces the forced confession of
a 9/11 suspect elicited through 5 years of hideous torture in the
confines of secret prisons. To make their case, the FT published a
half-page blow-up photo first circulated by former CIA director
George Tenet, which presents a bound, disheveled, dazed, hairy
ape-like prisoner. The text of the writer, one Demetri Sevastopulo,
admits as much: The FT owns up to being a propaganda vehicle for a
CIA program to discredit the suspect while he stands trial based on
confessions obtained through torture.

From beginning to end, the article categorically states that the
principle defendant, Khalet Sheikh Mohammed, is the “self-confessed
mastermind of the September 11 attacks on the US.” The first half of
the article is full of trivia, designed to provide a human-interest
feel to the courtroom and the proceedings – a bizarre mixture
discussing Khaled’s nose to the size of the courtroom.

The central point of departure for the FT’s conviction of the suspect
is Khaled’s confession, his ‘desire for martyrdom’, his assumption of
his own defense and his reciting the Koran. The crucial piece of the
Government’s case is Khaled’s confession. All the other ‘evidence’
was circumstantial, hearsay and based on inferences derived from
Khaled’s attendance at overseas meetings.

The FT’s principle source of information, an anonymous informant
“familiar with the CIA interrogation program” states categorically
two crucial facts: 1. How little the CIA had known about him before
his arrest (my emphasis) and (2) that Khaled held out longer than the
others.

In other words, the CIA’s only real evidence was extracted by torture
(the CIA admitted to ‘water boarding’ – an infamous torture technique
inducing near death from drowning). The fact that Khaled repeatedly
denied the accusations and that he only confessed after 5 years of
torture in secret prisons renders the entire prosecution a case study
in totalitarian jurisprudence.


KSM spent six months in Guantanamo and the rest of the time in various locations hitherto undisclosed. The US deliberately made a song and dance about its internment camp in Guantanamo, where its procedures were slightly less filthy than on the offshore prison ships. He was tortured and, when he confessed, he decided to confess to everything: his confession was false, in other words, which is almost invariably true of confessions obtained by torture. Nevertheless, the assertion that KSM is a "self-confessed" mastermind of 9/11 is quite popular. Forget what you think about KSM for a second. The issue is exactly what Petras says it is: not whether KSM may be a bad man, or whether he committed other crimes, or whether he may be found guilty of this one by some other means, but whether we should adopt the increasingly fashionable practise of deeming someone guilty by virtue of their having confessed under obvious duress. Because once we do that, we do it for everyone - the tricky thing about law is precisely its universalising dimension.

And we might add that, whatever you think about Slobodan Milosevic, the same applies to his trials. A show trial is a show trial, regardless of his evident (amateur) gangsterism. And when Radovan Karadzic testifies before an ICTY court, it will still be preposterous even if you assume that he is guilty of everything they say he is. Even if they extract the full evidence of his having ordered and directed the planned extermination of Bosnian Muslims, cut short only by belated Western intervention, it will still have been a farce. All that said, and I think it an obvious spiel, you would be doing well to find more than 0.01% of the media coverage that will say anything remotely like it. The regnant assumptions are indeed the 'totalitarian' ones that Petras refers to: if the Fuhrer wants it, two and two make five. All they desire is the confession, to expiate their misdeeds, prove their virtue, keep the vassals playing ball, and ultimately show who is boss.

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Wednesday, July 23, 2008

What are the odds? posted by Richard Seymour


At last, the truth will emerge. With Radovan Karadzic's capture and imminent trial, by a US-sponsored junket known as the ICTY, we will get to know the full facts about mass rape and genocide. Or will we? Forget for a moment the effrontery of a 'court' that effectively acts on behalf of the occupiers of Iraq dispensing wisdom on war crimes. And let's leave aside the fact that - whether or not Karadzic is guilty, as I think he is, of war crimes - trials of this nature are farcical and tend not to disclose much in the way of official responsibility. The more obvious point is that the verdict was reached, so far as official liberal opinion was concerned, some time ago. And that verdict has it that the Bosnian war was purely the result of a Serb nationalist pact of aggression against the remaining components of Yugoslavia, and that Radovan Karadzic, as a 'mastermind' of the war, strove to exterminate Bosnian Muslims and Croats.

Vulliamy's article puts it like this:

After 13 years on the run, Radovan Karadzic, the former Bosnian Serb leader, is on his way to The Hague to face charges of genocide and masterminding the bloodiest carnage to blight Europe since the Third Reich. ... And that man looking like Santa Claus was him, Karadzic! The man who arranged the mass murder of 100,000 people and the enforced deportation of two million? All those incinerated homes, the mass rape camps, the mass deportations at gunpoint.


This, to be frank, crazed nonsense is unlikely to be met with as much derision as it deserves to be, if any at all. Let me enumerate the falsehoods: Karadzic is certainly likely to be charged with genocide, now that the ICTY has ruled that Srebrenica was a genocide and Karadzic is believed to have ordered that attack, but he is not going to be charged with 'masterminding' the war; Karadzic may be accused of 'arranging' the mass murder of 8,000 Muslim males, but I know of no serious source that holds him responsible for 'arranging' the mass killing of 100,000 people, which is on current estimates close to the total number who died in the war on all sides, civilian and military; at the end of the war, a total of 2.2 million Bosnians of all kinds were displaced, one million of those internally, but it is absolutely not the case that Karadzic 'arranged' the 'enforced deportation' of two million people. These are just matters of fact about which Vulliamy is either deceived, or dissembling. How is it even possible to have a sensible discussion about this if the facts are so obscured by propaganda that - and I bet you this is true - hardly any Guardian reader will notice that the prize-winning senior foreign correspondent Ed Vulliamy is just ranting out of his blowhole? How is it possible that anything that did emerge from a trial would be weighed, if not dispassionately, then at least with an attempt at honesty?

I raise all this not because Karadzic is entitled to any defense from me (I am sure he is more than adequately protected by his amulets). So much is obvious. And I don't raise it because even my reasonably well-grounded suspicions about his culpability are not enough to persuade me that the facts should be settled by a lawless court which refuses to investigate the crimes of its sponsors. I raise it because, well, here we are in the middle of an epic and ongoing war crime with death rates, torture chambers, and mass rapes that are certainly much worse in their totality than anything that happened in Bosnia. All of this is the direct responsibility of the American state, which unarguably launched a war of aggression without any provocation whatsoever. And, somehow, the volume is decidedly muffled. While there are great independent journalists exposing much that is going on, the field is not exactly crowded. The liberal journalists and opinionators who were so vocal in advocating for Izetbegovic, so eager to bear witness, are hardly visible. And where they have not just enthusiastically backed the enterprise, they are at the very least circumspect on the matter of the evident criminality of the war's planners and prosecutors. Even those who are not backers of the war in Iraq constantly apologise for the United States government (usually referred to by the abstraction, 'America'), constantly seek consolation amid its crimes, and assert repeatedly that it still does some good in the world. Well, forgive me, but if that's the trend, shouldn't you be ashamed to talk about Bosnian war criminals? If you find yourself struck by a curious aphasia on the matter of trying to prosecute not only American officials but British ones too, what right have you got to exult about the capture of one lowly thug by the agents of the world's biggest thugs? If you can't match with honest reporting the level of hysteria and propaganda that you generated over Bosnia and then Kosovo, is there no point at which abashment sets in? I ask merely for information.

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