Jim White | emptywheel

Jahn Does Complete Reversal, Questions Sources Instead of Transcribing Iran Nuke Propaganda

By: Jim White Saturday May 25, 2013 11:00 am

Man Bites Dog

It was a development worthy of the proverbial mythical headline reversing the natural order of the world. For a very long time, I have mercilessly attacked George Jahn of the AP for the role he has played while serving to move anti-Iran propaganda into newspapers across the globe. Here’s how I described his usual role in my most recent post about him:

I have often described the process of “diplomats” close to the IAEA’s Vienna headquarters gaining access to documents and other confidential information relating to Iran’s nuclear activities and then selectively leaking the most damaging aspects of that information to George Jahn of AP. Sometimes, the information also is shared with Fredrik Dahl of Reuters, who, like Jahn, is also based in Vienna. Many believe that Israeli diplomats are most often responsible for these leaks and for shaping the stories to put Iran in the worst possible light.

Another key aspect of Jahn’s role has been his reliance on David Albright of the Institute for Science and International Security, whom Jahn has relied on regularly for adding that special “think-tank aura” to the propaganda that has been funneled to him.

Yesterday, the stage was set for Jahn to transcribe more propaganda into the record. A new IAEA report was available (pdf; I see that there is a typo on the date on the cover page, it is a 2013 report instead of the 2012 appearing there, note 2013 embedded in the document ID code) and David Albright had already taken to the fainting couch, proclaiming the evil portents of the sudden appearance of New Asphalt (!) at the Parchin site in Iran where the US and Israel claim Iran has carried out blast chamber experiments to develop a trigger for a nuclear weapon (and where the suspect building, and presumably the blast chamber itself, itself remains standing, despite a hilarious cat and mouse game Iran has played at the site). But, in true “man bites dog” fashion, Jahn chose not to play the New Asphalt game and instead published an article that puts much of the intelligence gathering of the IAEA into a perspective that calls into question the motives of those who supply the bulk of that intelligence to the UN’s nuclear watchdog agency.

Jahn wastes no time, opening the article by proclaiming that the US supplies the bulk of intelligence on Iran’s nuclear program to the IAEA and that US credibility on weapons intelligence took a huge hit in 2003 with the Iraq fiasco:

The U.N. nuclear agency responsible for probing whether Iran has worked on a nuclear bomb depends on the United States and its allies for most of its intelligence, complicating the agency’s efforts to produce findings that can be widely accepted by the international community.

Much of the world looks at U.S. intelligence on weapons development with a suspicious eye, given American claims a decade ago that Iraq had developed weapons of mass destruction. The U.S. used those claims to justify a war; Iraq, it turned out, had no such weapons.

Jahn even went so far as to get IAEA sources to provide an estimate of how the US and its allies dominate the intelligence that is provided: Continue reading →

Program US Heralds as Key to Afghan Stability Continues to Rely on Gang Rapes to Intimidate Locals

By: Jim White Thursday May 23, 2013 9:02 am

On Tuesday, I wrote about the disappearances, torture and murder for which the Afghan Local Police are known, comparing them to other death squad programs that the US has backed over the years in various military engagements. Sadly, there is another class of war crimes that US-trained death squads have engaged in. Rape, especially gang rape, also is a key tool employed by these groups in their efforts to intimidate local populations. (For one example, here are details of the brutal rape and murder of a group of US nuns in El Salvador in 1980, carried out by a US-trained death squad.)

Writing in the Daily Beast yesterday, Sami Yousafzai and Ron Moreau provided excruciating details on two victims of gang rapes carried out by groups in Afghan Local Police uniforms. From one of the accounts:

Seventeen-year-old Chaman Gul suffered a similar fate to that of Monizha. Relatives describe her as being a “healthy and attractive” young woman. In a phone interview with Newsweek/The Daily Beast, she described the ordeal she suffered two months ago in Aqsaee village, Darzab district, in the northern province of Jowzjan. As she, her relatives and other villagers tell it, she was brutally raped by seven men, including the local militia’s powerful commander, Murad Bai. “They broke down the door of our home and did to me, a number of times, horrible things that I can’t tell anyone or put into plain words,” she says from an undisclosed hiding place.

Other relatives and villagers confirm her account. One 60-year-old villager, who does not wish to be named for security reasons, says he watched as Bai and his men broke into Gul’s house. He says they were wearing the khaki-colored uniforms of the ALP. “They came just after noon and collectively raped her,” the villager says. “The village was so frightened no one could raise a voice against the ALP.”

Adds a close relative, who also wishes to remain anonymous: “The girl was raped for hours and was in such a terrible condition that we thought she would die.”

The family of Monizha, the victim of another attack described earlier in the article, chose to move to a refugee camp in Pakistan. In many respects, this is one of the ways that ALP “stabilize” villages in their vaunted Village Stability Operations: they strike so much fear into the local population that they remain silent or even leave the area. But the Gul family reacted differently:

Rather than quietly hiding her suffering, as most victims and their families do, Gul took her case to the district and provincial authorities—but to no avail. “I complained to everyone in the concerned departments, but no one heard my voice,” she says.

The Darzab district police chief even threw her father out of his office. “The district police chief never offered any help or sympathy,” she says. “Another senior policeman told us the commander (Murad Bai) is the darling of the Americans and no one can touch him.”

And that is the key to how these atrocities are carried out. The heads of the militias, whether they are officially within the Afghan Local Police, or supposedly unsanctioned, but wearing ALP uniforms (and I suspect in that case, these groups are more likely to be CIA-affiliated “A-teams” like the one headed by Zakarai Kandahari in my post from Tuesday), are working with the blessings of, and under the protection of, the US. The groups know that they will not be held accountable for anything they do and this unlimited power can lead to the atrocities that we have seen.

The US can not claim ignorance of these types of atrocities. In December of 2011, Human Rights Watch begged the US not to expand the Afghan Local Police program: Continue reading →

Body of Zakaria Kandahari’s Videotaped Torture Victim Surfaces, 200 Yards from US Nerkh Base

By: Jim White Tuesday May 21, 2013 9:06 am

When last we left the saga of the US role relating to the “rogue” Afghan death squad in the Nerkh District of Maidan Wardak province of Afghanistan, the New York Times was studiously transcribing denials from various US government officials of any US involvement in the torture, disappearances and murders that are both the touchstone of US-trained death squad operations dating back at least to Central America in the 1980′s (if not all the way back to Vietnam) and the atrocities that prompted Hamid Karzai to announce that he was expelling US Special Forces from the province. Although Karzai eventually relented somewhat and agreed to only expel US Special Forces from the Nerkh District instead of the entire province, as I pointed out in my post on the Times’ transcription of US denials, evidence continues to accumulate that CIA paramilitary operations personnel almost certainly seem to have been involved in the training and deployment of the “rogue” Afghan Local Police unit based in Nerkh. With today’s new development, it seems very likely that these CIA paramilitary personnel (and their Afghan trainees) are still operating, with impunity, at the Nerkh base.

What we learn today is stunning and looks like a calculated move intended to strike fear into the local population around the Nerkh base (which is, of course, the aim of US-trained death squads organized under the COIN rubric). From the New York Times:

Family members on Tuesday found the body of a man missing since last November near the American Special Forces base to which he was last seen being taken, according to Afghan officials and victims’ representatives.

Afghan investigators said that after his disappearance, the man, Sayid Mohammad, was seen in a video undergoing torture at the hands of an Afghan-American named Zakaria Kandahari, who was the chief translator for an American Army Special Forces A Team stationed at the base in the Nerkh district of Wardak Province.

Mr. Mohammad’s body was found about 200 yards outside the perimeter of the Nerkh base, which is now occupied by Afghan special forces after the American unit was removed following protests by Afghan officials, including President Hamid Karzai.

Relatives of Mr. Mohammad said his body was largely intact but both of his feet had been cut off. They took his remains to the Nerkh district government center in protest. The partial remains of another missing person were also found near the base, family members and Afghan officials have said.

The article is silent on the question of how long the victim appeared to have been dead. Note that the Times reminds us that the Nerkh base no longer has US Special Operations Forces. I find it very hard to believe that a group of Afghan Local Police and Afghan Special Forces, after having drawn so much local anger and international attention to themselves through prompting Karzai’s outburst and expulsion of US Special Forces, would carry out such a brazen and brutal move on their own. However, if CIA paramilitary operatives are still present at the base and still directing (and protecting) the Afghan team, the move seems less surprising.

We also learn in today’s article that at least 17 people are now known to have been disappeared by this death squad. Nine of those victims have been found dead and eight are still missing. Afghan investigators are considerably less credulous of US denials of involvement than the Times is:

“There is no question that Zakaria directly tortured and murdered,” the investigator said. “But who is Zakaria? Who recruited him, gave him his salary, his weapons? Who kept him under their protection? He worked for Special Forces. That a member of their team was committing such crimes and they didn’t know it is just not credible.”

The description of the videotape of the torture session conducted by Kandahari (which still has not been released) has changed in one respect. Today’s article informs us that the Afghan investigator who was interviewed now says there were no voices with American accents on the tape.

Not that it really needs pointing out, but involvement of CIA paramilitary personnel at the Nerkh base would by definition be a covert mission covered by false, but official US government denials.

Oh, and there’s one last question I would have added to the Afghan investigator’s list above: Who helped Zakaria Kandahari to escape without a trace?

The answers to those questions would go a long way toward confirming or denying my speculation on CIA paramilitary personnel (including contractors) being central to these awful events.

State Department, US Press Hide Important Karzai Statement on Bilateral Security Agreement

By: Jim White Monday May 20, 2013 9:18 am

Karzai addressing his cabinet. Photo is from the web posting of Karzai’s statement on the Bilateral Security Agreement.

Although there really is only one controlling issue in the quest to sign a new ~~SOFA~~ (Status of Forces Agreement) BSA (Bilateral Security Agreement) governing US troops in Afghanistan after official NATO actions conclude at the end of next year, Afghan President Hamid Karzai seems to be taking perverse pleasure in taking sweeping actions and making broad statements that seem to alternately encourage and then discourage those seeking to finalize the agreement. As I explained late last year, the US will keep troops in Afghanistan after 2014 only if they are granted criminal immunity. Without immunity, the US will withdraw fully just as it did in Iraq when immunity was denied there.

Recall that Karzai called for all US Special Forces to leave Maidan Wardak province back in late February. Just about three weeks later, he appeared to relent somewhat and it appears that SOF only left one district. On May 9, Karzai surprised everyone by announcing that the US could maintain nine bases in Afghanistan after 2014, apparently catching the US off-guard. In response, the US claimed they want to house troops at Afghan bases, because there is no desire for permanent US bases in Afghanistan.

Lest those negotiating the agreement get too encouraged by the base proposal, though, Karzai has now placed what appears to be a completely impossible precondition on signing the agreement, but citizens in the US would be hard-pressed to know anything about it. At the State Department briefing on May 17, there was an acknowledgement that Karzai had released a statement, but we don’t learn what Karzai actually said from the exchange with a reporter:

Walitz, do you have something?

QUESTION: Afghanistan.

MS. PSAKI: Mm-hmm.

QUESTION: President Karzai’s office issued a brief statement today that he spoke to Secretary Kerry. Do you have any details on the readout, what were the issues they discussed?

MS. PSAKI: I do, I do.

QUESTION: Thank you.

MS. PSAKI: So Secretary Kerry spoke this morning with President Karzai. They discussed our joint progress on the bilateral security agreement, border issues, and the status of the ongoing peace process. Secretary Kerry also affirmed that he and President Karzai remain committed to the same strategy and the same goal of a stable, sovereign Afghanistan, responsible for its own security and able to ensure that it can never again be a safe haven for terrorists.

QUESTION: Do you know when this BSA will be signed? What’s the status on that?

MS. PSAKI: I don’t have any specific update on that. Again, it’s obviously something that we continue to work on, work very closely on at many levels with the Government of Afghanistan.

So neither Jen Psaki, the State Department spokesperson, nor the reporter referred to as Walitz bothers to actually mention what Karzai said in his statement that was released. Here is what Karzai’s statement says regarding the bilateral security agreement:

On the bilateral security agreement that the United States is seeking to sign with Afghanistan at the soonest, President Karzai has said to the US Secretary of State that Afghanistan would sign the agreement only if conditions of the Afghan people were accepted and the first precondition is to bring peace and to end war in Afghanistan.

President Karzai clarified to John Kerry, it was impossible for the people of Afghanistan to be pleased with signing of the security agreement whereas violence and war continue in the country.

The President said to the Cabinet meeting that the security agreement if signed without the return of peace, and with continuation of violence and bombings means that the people of Afghanistan would continue to suffer every day from blasts, terrorist attacks and foreign invasions.

President Karzai added, the fundamental precondition of Afghans for the agreement is bringing peace, security and stability to Afghanistan if this is fulfilled, then the Afghan people would agree with signing of the agreement with the United States.

Just wow. Karzai has said he will not sign the agreement while “violence and war” continue in Afghanistan, and neither the “press” nor the Department of State “spokesperson” found it necessary to put that particular tidbit into the public record. I can find no reports on Karzai’s statement in the US press. It has been reported by ToloNews in Afghanistan. It would appear that when the State Department gives its own “readout” on a conversation, it is very important to check other original sources for what really took place in the conversation.

[Brief note on dates: the reporter mentions that Karzai's office released a brief statement "today" that Karzai had spoken to Kerry. From the records I can find, this press briefing took place at 12:30 pm in Washington on May 17, which would be 9 pm in Kabul on the same day. The statement from Karzai's office that I quote here is dated May 18, so it is unclear whether Walitz had seen the full Karzai statement at the time the question was posed. I can find no reference to the Karzai-Kerry conversation on the Karzai website that is dated May 17.]

Group Behind Deadly Kabul Blast Upset by Negotiations on US Troops Remaining in Afghanistan

By: Jim White Friday May 17, 2013 9:15 am

There was a deadly blast in Kabul yesterday, shattering what had been several months of relative peace in the capitol. The suicide blast targeted a convoy of US vehicles. From the New York Times:

Hezb-i-Islami, a relatively small insurgent faction that often competes with the Taliban for influence, claimed responsibility for the attack, which also wounded more than three dozen Afghans. Haroon Zarghon, the group’s spokesman, reached by telephone in Pakistan, said the bombing was carried out by a 24-year-old man who had grown up south of Kabul.

More attacks against Americans will come soon, Mr. Zarghon added, saying that Hezb-i-Islami was dismayed by the current talks between Afghanistan and the United States about a long-term security deal under which thousands of American soldiers could be based in Afghanistan for years to come.

Hezb-i-Islami has a complex history and has been around Afghanistan for a long time. Even Kimberly Kagan’s Instutite for the Study of War admits that the CIA funneled significant support to this group in fighting the Soviets:

Hizb-i-Islami Gulbuddin (HIG), led by Gulbuddin Hekmatyar, is an insurgent group active in Afghanistan. It is a splinter group of one of the prominent , and the most radical of the seven mujahedeen factions fighting the Soviets in the 1980s. Hekmatyar , a favorite of the CIA and Pakistan’s Inter-Services Intelligence (ISI) Directorate, received the greatest portion of foreign assistance to the mujahedeen. Hekmatyar trained Afghan and foreign guerilla fighters in the refugee camps of Shamshatoo and Jalozai in Pakistan’s Northwest Frontier Province (NWFP) and also ran numerous schools and hospitals in NWFP. His organization also received funds from Saudi charity organizations, Muslim Brotherhood, al-Qaeda leader, Osama Bin Laden, and other wealthy Arabs.

The political side of the group, however, is active in the current government and is contemplating fielding a candidate for the upcoming Presidential elections:

The party’s deputy chief Ghairat Bahir said that a delegation of four senior party figures are in Kabul meeting local members to discuss the election and possible presidential candidates.

“We have sent a delegation to Kabul. The delegation is led by Mohammad Rassoul. Its purpose is to visit and discuses [sic] with Hezb-e-Islami members in Kabul, not to talk with [Afghan] government officials,” he told TOLOnews via telephone from Pakistan.

“The delegation has talked with the party members about the election and the party decided to introduce a candidate or support a competent candidate. We will soon make a final decision on this. I cannot name the candidate but our party’s nomination will be a prominent person in the country,” Bahir said.

The presence of US troops in Afghanistan is the primary concern for the group: Continue reading →

What Is the Attrition Rate for Afghan Special Operations Forces?

By: Jim White Thursday May 16, 2013 10:41 am

Yesterday, Major General Tony Thomas, who heads US Special Operations Forces in Afghanistan, fielded questions via satellite from a number of reporters gathered in Washington. The transcript of the session can be found here. One claim by Thomas that stood out to me as I listened was an assertion that Afghan Special Operations Forces do not suffer the same high level of attrition that is seen generally for ANSF. Here is the exchange, where Thomas’ response to the first half of the question has been edited out and emphasis has been added:

Q: General, it’s Luis Martinez with ABC News. Can I ask you about what your command’s role is going to be after 2014? What — will there be a shift in emphasis? What exactly will your operators be doing?

And also, the Afghan national army as a whole seems to suffer from attrition and retention problems. How does that manifest itself in the commando kandaks, if at all?

MAJ. GEN. THOMAS:

/snip/

We are not suffering similar attrition or, as we prefer to look at it, retention challenges with the commandos and with other formations. But again, here again, we’re lucky. We’ve been working with them for a while. They are on a cycle which has a built-in break, so it’s a great, amber, red cycle, where green, combat is on the schedule, they are going into operation and they know that they’ll have, you know, a — they’ll be applied in the hardest possible scenarios. But on the other cycles, they’ll have a chance to recoup, take leave. They’ll also have a chance to train as they come back into green cycle.

And I know that others are attempting to apply that same cycle to the rest of the force. That’s been the great challenge for the rest of the Afghan security forces, is they’re almost in a relentless combat cycle, and it’s breeding some of the retention challenges. But we are — we are looking to fix that over time, and, again, the special operations example is applicable to the rest of the force. We just need to bring that into line.

I noted at the time Thomas said this that it should be fairly easy to fact-check Thomas on his claim that Afghan Special Forces do not suffer the same high attrition rate as the rest of ANSF. One reason for my thinking this is that Afghan Special Forces are not nearly as highly trained as US Special Forces. There is only a twelve week extra training period for Afghan troops to be classified as special. I have a hard time seeing how such a short period of additional training will add significantly to retention rate.

If we look fist to Defense Department claims only, the most recent Report on Progress Toward Security and Stability in Afghanistan (pdf), dated December 2012, has this paragraph (emphasis added):

ANASOC continues to develop its institutional capacity to conduct training programs. Currently, a majority of courses taught at the Division School of Excellence are Afghan-led, with minimal Coalition Force oversight. The ANASOC has produced 11,710 Commandos and 955 ANASF. Graduation rates for both CDO and SF operators remained steady and are on schedule to meet end-strength targets. From April through September 2012, the School of Excellence produced a total of 621 new CDO, and 282 new SF operators. Based on current recruiting and graduation trends, ANASF are anticipated to achieve their end-strength force level of 1,863 personnel by the 4th quarter of 2013. ANA Commandos (ANACDO) are currently at their endstrength force level of 12,525. Staff training at all levels is occurring through uniformed and civilian mentorship programs; the target of ANASOC reaching FOC for all units is 2014, with the exception of the SMW.

There are several different categories of ANSF troops described in the paragraph, but from the context of Thomas’ remarks and the reports analyzed here, the category of commando is what is relevant. Note that this Defense Department report claims 621 new commandos trained in an approximately five month period and that the commandos are at the endstrength force level of 12,525.

However, if we check these numbers against the more independent information from the Special Inspector General for Afghanistan Reconstruction, we find both Thomas’ claim of low attrition for commandos and the current force level for commandos in the Defense Department report to be misleading. Continue reading →

Pakistan’s Next Government Beginning to Take Shape

By: Jim White Wednesday May 15, 2013 9:24 am

Most of the results from Saturday’s historic election in Pakistan are in. The biggest surprise is that Imran Khan’s PTI party, which had been viewed as a possible upset winner, fell to third place behind the outgoing PPP. Nawaz Sharif and his PML-N party came very close to achieving a majority in the National Assembly, but since a majority was not achieved, Sharif is now in the process of forging the alliances that will be needed for him to form a government for which he will once again become Prime Minister. Here are the latest numbers from the Express Tribune:

Contrary to most pre-poll predictions, the Pakistan Muslim League-Nawaz (PML-N) emerged as the single largest party by securing 123 seats of the National Assembly, according to the results released by the Election Commission of Pakistan (ECP).

The election commission has received 256 results out of 268 constituencies, and are still waiting for results from 12 constituencies, a senior ECP official said.

In order to win a simple majority in the 342-member lower house, a party or coalition would need 172 seats. Of the total seats, 272 are for directly elected members while 60 are reserved seats for women and 10 are for minorities.

These reserved seats are allocated to parties as per their performance in the polls. As per the results from ECP, PML-N has secured 123 seats; Pakistan Peoples Party Parliamentarian (PPPP) bagged 37 seats, followed by Pakistan Tehreek-e-Insaf (PTI) which managed to get 27 seats. Muttahida Qaumi Movement (MQM) won 18 seats, Jamiat Ulema-e-Islam-Fazl (JUI-F) 10 seats, Pakistan Muslim League-Functional (PML-F) four seats, Jamaat-e-Islami three seats, Pashtunkhwa Milli Awami Party (PkMAP) two seats, NPP and PML two seats each.

We learn more about how the election proceeded from AFP (via the Express Tribune):

It was targeted by the Taliban, women and minorities were vastly under-represented, and videos of irregularities went viral online – yet Pakistan’s 2013 election may still have been its fairest ever.

A much improved voter roll, near-record turnout, and vigilant citizens tweeting alleged rigging all played their part in what former Norwegian PM and election observer Kjell Magne Bondevik called “a credible expression of the will of the people”.

Saturday’s election saw about 50 million Pakistanis vote, with former prime minister Nawaz Sharif emerging the winner nearly 14 years after he was deposed in a coup.

/snip/

Violence in the run-up to polls and on election day itself killed more than 150 people, according to an AFP tally, as the Taliban set their sights in particular on secular parties that made up the outgoing government.

In a remarkable use of technology, voters were able to text their voter ID number to find out immediately the location of their polling station. Although 50 million votes were cast, the polling location service was accessed 55 million times.

Perhaps because of the unexpectedly poor performance of his party, Imran Khan is continuing to pursue charges of rigging in several districts: Continue reading →

NYTimes Carefully Transcribes Dubious Denials of US Role in Wardak Province Torture, Murders

By: Jim White Monday May 13, 2013 9:54 am

As evidence from investigations carried out by Afghan officials continues to mount that a figure now named (although it seems quite likely to me that this is not a real name) Zakaria Kandahari is at the heart of the cases of torture and murder of Afghan civilians that prompted Hamid Karzai to ban US Special Forces from Maidan Wardak province in February, the US found it necessary to provide an anonymous official to the New York Times as they published the Afghan revelations. Here is the heart of the dispute as outlined in the Times article:

The accusations against the man, Zakaria Kandahari, and the assertion that he and much of his unit are American are a new turn in a dispute over counterinsurgency tactics in Wardak that has strained relations between Kabul and Washington. American officials say their forces are being wrongly blamed for atrocities carried out by a rogue Afghan unit. But the Afghan officials say they have substantial evidence of American involvement.

They say they have testimony and documents implicating Mr. Kandahari and his unit in the killings or disappearances of 15 Afghans in Wardak. Mr. Kandahari is of Afghan descent but was born and raised in the United States, they say. Included in the evidence, the Afghan officials say, is a videotape of Mr. Kandahari torturing one of the 15 Afghans, a man they identified as Sayid Mohammad.

As the discussion moves to the videotape, the anonymous official is trotted out:

Afghan officials who have seen the videotape say a person speaking English with an American accent can be heard supervising the torture session, which Mr. Kandahari is seen conducting.

An American official, speaking on the condition of anonymity in line with official policy, confirmed the existence of the video showing Mr. Kandahari but denied that he was an American citizen. “Everybody in that video is Afghan; there are no American voices,” the official said.

What appears not to be in dispute, then, is that Kandahari is torturing the victim in the tape. The US claims no Americans are present and even that the voice identified by the Afghans as having an American accent is not American. But how can the anonymous US official know whose voice is the one in dispute? If the person is not seen on the tape, then the only way the American official’s claim could be true is if they carried out voice analysis on a computer and got a positive match with a person known not to be American.

But the next denial from the anonymous official is even less believable. The US Special Forces group at the center of this controversy is now known to have been based in the Nerkh district of the province and to be an “A Team”, “who work with extra resources that the military calls “enablers””. Remarkably, the article doesn’t make the tiny leap that is needed to deduce that at least some of these “enablers” working with the A Team must be CIA, even though near the end of the article, it is noted that this group came to Nerkh from Camp Gecko in Kandahar and there is a definite CIA connection there: Continue reading →

Peshawar High Court Rules US Drone Strikes in Pakistan Are Illegal, Comprise War Crimes

By: Jim White Thursday May 9, 2013 5:10 pm

In a remarkable ruling (pdf), the Peshawar High Court has ruled that US drone strikes carried out within Pakistan are illegal, that they are war crimes and that they must be stopped immediately. The court also directed Pakistan’s military to intervene should drones enter Pakistan air space.

As described by Alice Ross at The Bureau of Investigative Journalism, this ruling comes in a case brought by the son of one of the tribal elders killed in the March 17, 2011 drone strike that killed as many as 40 innocent elders gathered to discuss mineral rights:

The judgment applies to a lengthy case against the CIA brought by the Foundation for Fundamental Rights on behalf of Noor Khan, a tribesman whose father was among dozens of civilians killed in a drone strike on a gathering of tribal elders on March 17 2011. Last year, Noor Khan also attempted to bring legal action against the UK government for providing information that could lead to deaths in drone strikes, in a case backed by legal charity Reprieve. The attempt was refused but he is appealing.

Lawyer Shahzad Akbar, who argued the Peshawar case, said: ‘It is a landmark judgment: drone victims in Waziristan will now get some justice after a long wait. This ruling will also prove to be a test for the new government as if drones continue and government fails to act, it will run the risk of contempt of court.’

The Independent described the case and ruling further:

In what activists said was an historic decision, the Peshawar High Court issued the verdict against the strikes by CIA-operated spy planes in response to four petitions that contended the attacks killed civilians and caused “collateral damage”.

Chief Justice Dost Muhammad Khan, who headed a two-judge bench that heard the petitions, ruled the drone strikes were illegal, inhumane and a violation of the UN charter on human rights. The court said the strikes must be declared a war crime as they killed innocent people.

“The government of Pakistan must ensure that no drone strike takes place in the future,” the court said, according to the Press Trust of India. It asked Pakistan’s foreign ministry to table a resolution against the American attacks in the UN.

“If the US vetoes the resolution, then the country should think about breaking diplomatic ties with the US,” the judgment said.

For more background on the Peshawar High Court itself, this web page describes its jurisdiction and also has links to its history and other relevant information.

The ruling itself runs 22 pages. It begins by reciting the facts and requests provided by the petitioners to the court (emphasis added): Continue reading →

John Galt’s Trail of Death and Destruction Continues to Grow

By: Jim White Thursday May 9, 2013 9:56 am

Building destroyed in West, Texas fertilizer explosion. (Courtesy of State Farm via Flickr under Creative Commons license.)

John Galt has been a deadly and destructive guy lately, with the largest of his most recent attacks taking place in the garment factory collapse in Bangladesh on April 24 where the death toll has now tragically topped 900 and the fertilizer storage facility explosion in West, Texas on April 17 that miraculously killed only fourteen people but injured over 200 and caused damage that is now estimated to exceed $100 million.

In an interesting development, Bangladesh has shown that at least on some fronts it is more civilized than Texas. Both the building’s owner and the engineer accused of colluding with the owner to add three unregulated floors on top of the building have been arrested, while Texas lawmakers, previously known for their refusal to vote in favor of disaster relief when it was in New York and New Jersey, now have called for socializing the losses in Texas. Of course, since the fertilizer plant owner (who has not been arrested) only carried $1 million in liability insurance (and since Texas doesn’t require liability insurance for many businesses operating with dangerous materials), those losses are bound to be socialized anyway.

From CBS News on the response to the disaster in Bangladesh:

Finance Minister Abul Maal Abdul Muhith spoke as the government cracked down on those it blamed for the disaster in the Dhaka suburb of Savar. It suspended Savar’s mayor and arrested an engineer who had called for the building’s evacuation last week, but was also accused of helping the owner add three illegal floors to the eight-story structure. The building owner was arrested earlier.

The government appears to be attempting to fend off accusations that it is in part to blame for the tragedy because of weak oversight of the building’s construction.

It looks like Muhith went a bit too far in trying to deflect responsibility from the government:

During a visit to the Indian capital, New Delhi, Muhith said the disaster would not harm Bangladesh’s garment industry, which is by far the country’s biggest source of export income.

“The present difficulties … well, I don’t think it is really serious — it’s an accident,” he said. “And the steps that we have taken in order to make sure that it doesn’t happen, they are quite elaborate and I believe that it will be appreciated by all.”

The article goes on to point out that Muhith had made a similar hollow promise to improve safety conditions several months ago when a fire in a garment factory killed over a hundred workers.

In a tragic testament to the shoddy conditions in these facilities in Bangladesh, we have word this morning of another eight deaths in a fire in a garment factory. However, this time the fire was after hours and it wasn’t workers who were killed: Continue reading →