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Showing posts with label George W Bush. Show all posts
Showing posts with label George W Bush. Show all posts

Sunday, June 3, 2012

American drone wars and state secrecy!

How Barack Obama became a hardliner?

He was once a liberal law professor who campaigned against the Iraq war. Now, according to revelations last week, the US president personally oversees a 'kill list' for drone strikes in Yemen and Pakistan. Then there's the CIA renditions, increased surveillance and a crackdown on whistleblowers. No wonder Washington insiders are likening him to 'George W Bush on steroids'

Barack Obama
The revelation that Barack Obama keeps a 'kill list' of people to be targeted by drones has led to criticism from former supporters. Photograph: Carolyn Kaster/AP



Amos Guiora knows all about the pitfalls of targeted assassinations, both in terms of legal process and the risk of killing the wrong people or causing civilian casualties. The University of Utah law professor spent many years in the Israel Defence Forces, including time as a legal adviser in the Gaza Strip where such killing strikes are common. He knows what it feels like when people weigh life-and-death decisions.

Yet Guiora – no dove on such matters – confessed he was "deeply concerned" about President Barack Obama's own "kill list" of terrorists and the way they are eliminated by missiles fired from robot drones around the world. He believes US policy has not tightly defined how people get on the list, leaving it open to legal and moral problems when the order to kill leaves Obama's desk. "He is making a decision largely devoid of external review," Guiroa told the Observer, saying the US's apparent methodology for deciding who is a terrorist is "loosey goosey".

Indeed, newspaper revelations last week about the "kill list" showed the Obama administration defines a militant as any military-age male in the strike zone when its drone attacks. That has raised the hackles of many who saw Obama as somehow more sophisticated on terrorism issues than his predecessor, George W Bush. But Guiora does not view it that way. He sees Obama as the same as Bush, just much more enthusiastic when it comes to waging drone war. "If Bush did what Obama has been doing, then journalists would have been all over it," he said.

But the "kill list" and rapidly expanded drone programme are just two of many aspects of Obama's national security policy that seem at odds with the expectations of many supporters in 2008. Having come to office on a powerful message of breaking with Bush, Obama has in fact built on his predecessor's national security tactics.

Obama has presided over a massive expansion of secret surveillance of American citizens by the National Security Agency. He has launched a ferocious and unprecedented crackdown on whistleblowers. He has made more government documents classified than any previous president. He has broken his promise to close down the controversial Guantánamo Bay prison and pressed on with prosecutions via secretive military tribunals, rather than civilian courts. He has preserved CIA renditions. He has tried to grab broad new powers on what defines a terrorist or a terrorist supporter and what can be done with them, often without recourse to legal process.

The sheer scope and breadth of Obama's national security policy has stunned even fervent Bush supporters and members of the Washington DC establishment. In last week's New York Times article that detailed the "kill list", Bush's last CIA director, Michael Hayden, said Obama should open the process to more public scrutiny. "Democracies do not make war on the basis of legal memos locked in a [Department of Justice] safe," he told the newspaper.

Even more pertinently, Aaron David Miller, a long-term Middle East policy adviser to both Republican and Democratic administrations, delivered a damning verdict in a recent issue of Foreign Policy magazine. He wrote bluntly: "Barack Obama has become George W Bush on steroids."

Many disillusioned supporters would agree. Jesselyn Radack was a justice department ethics adviser under Bush who became a whistleblower over violations of the legal rights of "American Taliban" John Walker Lindh. Now Radack works for the Government Accountability Project, defending fellow whistleblowers. She campaigned for Obama, donated money and voted for him. Now she has watched his administration – which promised transparency and whistleblower protection – crack down on national security whistleblowers.

It has used the Espionage Act – an obscure first world war anti-spy law – six times. That is more such uses in three years than all previous presidents combined. Cases include John Kiriakou, a CIA agent who leaked details of waterboarding, and Thomas Drake, who revealed the inflated costs of an NSA data collection project that had been contracted out. "We did not see this coming. Obama has led the most brutal crackdown on whistleblowers ever," Radack said.

Yet the development fits in with a growing level of secrecy in government under Obama. Last week a report by the Information Security Oversight Office revealed 2011 had seen US officials create more than 92m classified documents: the most ever and 16m more than the year before. Officials insist much of the growth is due to simple administrative procedure, but anti-secrecy activists are not convinced. Some estimates put the number of documents wrongly classified as secret at 90%.

"We are seeing the reversal of the proper flow of information between the government and the governed. It is probably the fundamental civil liberties issue of our time," said Elizabeth Goitein, a national security expert at the Brennan Centre for Justice. "The national security establishment is getting bigger and bigger."

One astonishing example of this lies high in the mountain deserts of Utah. This is the innocuously named Utah Data Centre being built for the NSA near a tiny town called Bluffdale. When completed next year, the heavily fortified $2bn building, which is self-sufficient with its own power plant, will be five times the size of the US Capitol in Washington DC. It will house gigantic servers that will store vast amounts of data from ordinary Americans that will be sifted and mined for intelligence clues. It will cover everything from phone calls to emails to credit card receipts.

Yet the UDC is just the most obvious sign of how the operations and scope of the NSA has grown since the 9/11 terrorist attacks. Under Bush, a key part was a secret "warrantless wiretapping" programme that was scrapped when it was exposed. However, in 2008 Congress passed a bill that effectively allowed the programme to continue by simply legalising key components. Under Obama, that work has intensified and earlier this year a Senate intelligence committee extended the law until 2017, which would make it last until the end of any Obama second term.

"Obama did not reverse what Bush did, he went beyond it. Obama is just able to wrap it up in a better looking package. He is more liberal, more eloquent. He does not look like a cowboy," said James Bamford, journalist and author of numerous books about the NSA including 2008's The Shadow Factory.

That might explain the lack of media coverage of Obama's planned changes to a military funding law called the National Defence Authorisation Act. A clause was added to the NDAA that had such a vague definition of support of terrorism that journalists and political activists went to court claiming it threatened them with indefinite detention for things like interviewing members of Hamas or WikiLeaks. Few expected the group to win, but when lawyers for Obama refused to definitively rebut their claims, a New York judge ruled in their favour. Yet, far from seeking to adjust the NDAA's wording, the White House is now appealing against the decision.

That hard line should perhaps surprise only the naive. "He's expanded the secrecy regime in general," said Radack. Yet it is the drone programme and "kill list" that have emerged as most central to Obama's hardline national security policy. In January 2009, when Obama came to power, the drone programme existed only for Pakistan and had seen 44 strikes in five years. With Obama in office it expanded to Afghanistan, Yemen and Somalia with more than 250 strikes. Since April there have been 14 strikes in Yemen alone.

Civilian casualties are common. Obama's first strike in Yemen killed two families who were neighbours of the target. One in Pakistan missed and blew up a respected tribal leader and a peace delegation. He has deliberately killed American citizens, including the radical cleric Anwar al-Awlaki in September last year, and accidentally killed others, such as Awlaki's 16-year-old son, Abdul-Rahman.

The drone operation now operates out of two main bases in the US, dozens of smaller installations and at least six foreign countries. There are "terror Tuesday" meetings to discuss targets which Obama's campaign manager, David Axelrod, sometimes attends, lending credence to those who see naked political calculation involved.

Yet for some, politics seems moot. Obama has shown himself to be a ruthless projector of national security powers at home and abroad, but the alternative in the coming election is Republican Mitt Romney.

"Whoever gets elected, whether it's Obama or Romney, they are going to continue this very dangerous path," said Radack. "It creates a constitutional crisis for our country. A crisis of who we are as Americans. You can't be a free society when all this happens in secret."

Death from the sky

• Popularly called drones, the flying robots used by Obama are referred to as unmanned aerial vehicles by the defence industry that makes them. The air force, however, calls them RPAs, or remotely piloted aircraft, as they are flown by human pilots, just at a great distance from where they are operating.

• The US air force alone has up to 70,000 people processing the surveillance information collected from drones. This includes examining footage of people and vehicles on the ground in target countries and trying to observe patterns in their movements.

• Drones are not just used by the military and intelligence community. US Customs and Border Protection has drones patrolling land and sea borders. They are used in drug busts and to prevent illegal cross-border traffic.

• It is assumed the Pentagon alone has 7,000 or so drones at work. Ten years ago there were fewer than 50. Their origins go back to the Vietnam war and beyond that to the use of reconnaissance balloons on the battlefield.

• Last year a diplomatic crisis with Iran broke out after a sophisticated US drone, the RQ-170 Sentinel, crash-landed on Iranian soil. Iranian forces claimed it had been downed by sophisticated jamming technology.

Saturday, May 12, 2012

Former US President Bush 'guilty of war crimes & torture'

Bush found guilty of war crimes - But powerless tribunal cannot enforce sentence

KUALA LUMPUR: The War Crimes Tribunal has convicted former US President George W. Bush and seven of his associates as war criminals for torture and inhumane treatment of war crime victims at US military facilities.


KL War Crimes Tribunal pushes for Bush guilty... by presstv

However, being a tribunal of conscience, the five-member panel chaired by tribunal president judge Lamin Mohd Yunus had no power to enforce or impose custodial sentence on the convicted eight.

“We find the witnesses, who were victims placed in detention illegally by the convicted persons and their government, are entitled to payment of reparations,” said Lamin at a public hearing held in an open court at the Kuala Lumpur Foundation to Crimi­na­lise War yesterday.

He added that the tribunal’s award of reparations would be submitted to the War Crimes Commission and recommended the victims to find a judiciary entity that could enforce the verdict.

The tribunal would also submit the finding and records of the proceedings to the Chief Prosecutor of the International Criminal Court, the United Nations’ Security Council.

On Thursday, head of the prosecution Prof Gurdial Singh Nijar said Bush had issued an executive order to commit war crimes in Iraq and Afghanistan.

Five former Iraqi detainees, who were tortured while being detained in various prisons, including Guantanamo Bay, were called to give their testimonies before the Tribunal during the trial which started on May 7.

By QISHIN TARIQ
qishin.tariq@thestar.com.my

Bush 'guilty of crimes of torture'

KUALA LUMPUR: Former United States president George W. Bush and his associates were found guilty of crimes of torture by the Kuala Lumpur War Crimes Tribunal yesterday.

The tribunal unanimously ruled that the prosecution had proved its case beyond reasonable doubt.

It said all eight accused had engaged in a web of instructions, memos, directives, legal advice and actions which led to the establishment of a common plan and purpose, joint enterprise and conspiracy to commit crimes of torture and war crimes, in relation to the "War on Terror".

The War on Terror was launched by the US and others in Afghanistan and Iraq.

The eight accused are Bush; former US vice-president Richard Cheney; former US defence secretary Donald Rumsfeld; former counsel to Bush, Alberto Gonzales; former general counsel to the vice-president, David Addington; former general counsel to the defence secretary, William Haynes II; former assistant attorney-general Jay Bybee and former deputy assistant attorney-general John Yoo.

Tribunal president judge Tan Sri Lamin Mohd Yunus said the eight accused were also individually and jointly liable for crimes of torture in accordance with Article 6 of the Nuremberg Charter.

"The US is subject to customary international law and to the principles of the Nuremberg Charter and exceptional circumstances such as war, instability and public emergency cannot excuse torture."

The tribunal agreed that Bush, Cheney and Rumsfeld knew the US was violating the 1984 Torture Convention and the Geneva Conventions but failed to intervene to prevent the violations.

"Evidence clearly shows the legal opinions and advice given by the lawyers Gonzales, Addington, Haynes, Bybee and Yoo to Bush, Cheney and Rumsfeld were legally flawed and the lawyers knew full well their advice was sought to be acted upon and thus are also liable."

The legal opinions, contained in memorandums, were that the Geneva Conventions did not apply (to suspected al-Qaeda and Taliban detainees); there was no torture occurring within the meaning of the Torture Convention; and that enhanced interrogation techniques, consisting of cruel, inhumane and degrading treatment, were permissable.

The tribunal ordered that reparations be given to the war crime victims corresponding with the irreparable harm and injury, pain and suffering they had undergone even though the tribunal was merely a tribunal of conscience with no real power of enforcement.

The findings of the tribunal will be submitted to the International Criminal Court, United Nations and the Security Council and the names of the accused will be entered into the War Crimes Commision's Register of War Criminals.

Former prime minister Tun Dr Mahathir Mohamad, in an immediate response, said the verdict and findings would be publicised globally and sent to heads of government of all nations.

He also hoped the public would not invite these war criminals to their countries.

"The International Criminal Court seems to be subservient to the big powers and does not seem to have the capacity or the willingness to charge the leaders of big powers who are responsible for torture, invasion of an independent country, destruction in war and for the killings of so many people," said Dr Mahathir, who is the Perdana Leadership Foundation honorary president.

He said one step which could be undertaken, especially in democratic nations, was for people to insist that all election candidates should declare that they would never go to war on others.

Related posts:
War Crimes Tribunal Tries Bush, Blair for War Crimes ...
Bush and Blair found guilty of 'crimes against peace' !

Wednesday, November 23, 2011

Bush and Blair found guilty of 'crimes against peace' !

ExPrime Minister of the United Kingdom, Tony B...Image via Wikipedia

Bush and Blair found guilty


Committed international crime by invading Iraq

War Crimes Tribunal
Chief judge Datuk Abdul Kadir Sulaiman (centre) presiding over the Kuala Lumpur War Crimes Tribunal against former United States president George W. Bush and former British prime minister Tony Blair yesterday. Pic by Sharul Hafiz Zam
  THE Kuala Lumpur War Crimes Tribunal (KLWCC) returned a guilty verdict against former United States president George W. Bush and former British prime minister Tony Blair on a charge of crimes against peace on its final day of hearing yesterday.

  Chief judge Datuk Abdul Kadir Sulaiman, in announcing the verdict, said both the accused had acted with deceit, selectively manipulated international law and committed an unlawful act of aggression and an international crime by invading Iraq in 2003.



  The tribunal found that both the accused had contemplated to invade Iraq as far back as September 2001 and had defied the United Nations Resolution 1441, which clearly did not authorise the use of military action to compel Iraq's compliance.

  Kadir added that the two accused had admitted since the Iraq war that they knew or believed the intelligence reports on Iraq's weapons of mass destruction to be unreliable and yet both proceeded to wage war against Iraq based on this false and contrite basis.

  Memoirs of both the accused that had been tendered as evidence during the proceedings were also found to implicate both Bush and Blair, both having admitted their own intention to invade Iraq, regardless of international law.

  It was suggested by the tribunal that the KLWCC file a report with the International Court of Crime against both the accused under the Nuremberg principles and include reports of genocide and crimes against humanity committed by Bush and Blair.

  The tribunal also recommended that the names of both accused be entered into the Register of War Criminals and publicised.

  The KLWCC was tasked to publicise the tribunal's findings to all nations who were signatories of the Rome Statue, so that the two criminals can be prosecuted if they enter the jurisdiction of these nations.

  The KLWCC should also suggest to the UN General Assembly to pass resolution to end Iraq's occupation and request that the UN Security Council pass a resolution to transfer sovereignty back to the Iraqis.

  Earlier, chief defence Jason Kay Kit Leon had argued that Bush had exhausted all means of diplomacy before launching an attack after receiving intelligence briefings on Iraq for two years, suggesting that then president Saddam Hussein had weapons of mass destruction and Iraq posed an imminent threat.

  He quoted Bush as having said that  he would not lead his nation to war on a lie which would be easily discernable after the war.

  Kay also mention that  Blair, in his memoir, had said he understood the need for the second UN resolution but knew the difficulty in getting one due to the politics within the UN Security Council permanent members.

  The prosecution had made out a compelling case over the four days.

  Chief prosecutor Professor Gurdial S. Nijar, in his summation, reiterated key documents of several intelligence reports that indicated there were no weapons of mass destruction in Iraq reported by the International Atomic Energy Agency.

  Neither was there an attempt by Saddam Hussein to obtain uranium from Niger by former United States diplomat Joseph Wilson and weapons inspector David Kay found that Saddam's nuclear facility had deteriorated to such a point that it was totally useless, all discovered well before the UN Resolution 1441.

  The tribunal reached a unanimous guilty verdict after four hours of deliberation.



KL tribunal convicts two former leaders with ‘crimes against peace’

PETALING JAYA: The Kuala Lumpur War Crimes Tribunal unanimously found former United States president George W. Bush and former British Prime Minister Tony Blair guilty of “crimes against peace”.

The tribunal found that the two had planned, prepared and invaded the state of Iraq on March 19, 2003, in violation of the United Nations Charter and international law.

“The charge is proven beyond reasonable doubt. The accused are found guilty,” read an official media statement from Perdana Global Peace Foundation, organisers of the tribunal.

“War criminals have to be dealt with, convict Bush and Blair as charged. A guilty verdict will serve as a notice to the world that war criminals may run but can never ultimately hide from truth and justice,” the statement read.

The tribunal noted that the UN Security Council Resolution 1441 did not authorise any use of force against Iraq but the US proceeded to invade Iraq under the pretext of the Sept 11 attacks and weapons of mass destruction.

“Weapons investigators had established that Iraq had no weapons of mass destruction. Iraq was also not posing any threat to any nation at the relevant time that was immediate that would have justified any form of pre-emptive strike.”

With the findings, the tribunal has ordered that Bush and Blair’s names be included in the war register of the Kuala Lumpur War Crimes Commission.

It also ordered the findings of the tribunal to be publicised to all nations who are signatories of the Rome Statute.

The tribunal, held for four days here, was initiated by former prime minister Tun Dr Mahathir Mohamad, who is also the Perdana Global Peace Foundation president.

The tribunal members were Datuk Abdul Kadir Sulaiman, Tunku Sofiah Jewa, Prof Salleh Buang, Alfred Lambremont Webre and Prof Emeritus Datuk Dr Shad Saleem Faruqi.

Prof Niloufer Bhagwat and Datuk Zakaria Yatim were recused as tribunal members.

Related post:

War Crimes Tribunal Tries Bush, Blair for War Crimes against humanity! 

Saturday, November 19, 2011

War Crimes Tribunal Tries Bush, Blair for War Crimes against humanity!


Telegraph.co.uk

Activists in Malaysia plan 'war crime trial' of George W. Bush and Tony Blair

Malaysian-led activists will hold a symbolic trial this month for former President George W. Bush and British ex-leader Tony Blair on charges of committing crimes against peace in the Iraq war, the event's organisers said on Tuesday. 
 Activists in Malaysia plan 'war crime trial' of George W. Bush and Tony Blair President Bush and British Prime Minister Tony Blair in 2003

 Video: rightwaystan War crimes exhibition held in Kuala Lumpur : http://t.co/pjPgRlpY



Streaming Video: Kuala Lumpur War Crimes Tribunal -
The following URL will stream video of each session of the Kuala Lumpur War Crimes Tribunal within 1-2 hours after the specific session has ended. To access this streaming video please go to:
http://www.ustream.tv/channel/war-is-a-crime-exhibition
 
Kuala Lumpur War Crimes Tribunal
Schedule of Sessions
Saturday Nov. 19, 2011   9AM – 5 PM Kuala Lumpur time;
Sunday Nov. 20, 2011     9AM – 5 PM Kuala Lumpur time;
Monday Nov. 21, 2011    9AM – 5 PM Kuala Lumpur time;
Tuesday Nov. 22, 2011   9AM – 5 PM Kuala Lumpur time;

CONVERT TO YOUR TIME ZONE:
http://www.timeanddate.com/worldclock/converter.html

Sessions of the Kuala Lumpur War Crimes Tribunal will also be online on You Tube.



The Kuala Lumpur War Crimes Tribunal is an initiative of Malaysia's retired Prime Minister Mahathir Mohamad, who staunchly opposed the U.S.-led invasion of Iraq in 2003.

The tribunal will convene a four-day public hearing starting Saturday to determine whether Bush and Blair committed crimes against peace and violated international law in the Iraq invasion, said Malaysian lawyer Yaacob Hussain Marican.

"For these people who have been immune from prosecution, we want to put them on trial in this forum to prove that they committed war crimes," Yaacob told The Associated Press.

Activists sent information about the charges to Bush and Blair recently but received no response, Yaacob said.

Francis Boyle, an American international law professor based in Illinois, will be among the prosecutors at the hearing, which follows two years of investigations by a Malaysian peace foundation founded by Mahathir that looked into complaints by people affected by the Iraqi war.
The effort is modelled after a 1967 Vietnam War crimes panel convened in Sweden and Denmark by philosophers Bertrand Russell and Jean-Paul Sartre, Yaacob said. The Vietnam tribunal said the U.S. committed acts of aggression against Vietnam and bombarded civilian targets, but it was mostly ignored in United States.

The Kuala Lumpur tribunal will have a seven-member panel of judges including two retired judges from Malaysia's highest court, peace activist Alfred Lambremont Webre of the United States and Mumbai-based lawyer Niloufer Bhagwat of India.

If the tribunal finds Bush and Blair guilty, it will enter their names into a symbolic "Register of War Criminals."

The tribunal is also scheduled to hold a separate hearing next year on charges of torture linked to the Iraq war against former U.S. officials including ex-Vice President Dick Cheney, former Secretary of State Donald Rumsfeld and ex-Attorney General Alberto Gonzales, Yaacob said.

Bush and Blair to be Tried for War Crimes

From: Mathaba

First time that war crimes charges will be heard against the two former heads of state.

On November 19-22, 2011, the trial of George W. Bush (former U.S. President) and Anthony L. Blair (former British Prime Minister) will be held in Kuala Lumpur. This is the first time that war crimes charges will be heard against the two former heads of state in compliance with proper legal process.

Charges are being brought against the accused by the Kuala Lumpur War Crimes Commission (KLWCC) following the due process of the law. The Commission, having received complaints from war victims in Iraq in 2009, proceeded to conduct a painstaking and an in-depth investigation for close to two years and in 2011, constituted formal charges on war crimes against Bush, Blair and their associates.

The Iraq invasion in 2003 and its occupation had resulted in the death of 1.4 million Iraqis. Countless others had endured torture and untold hardship. The cries of these victims have thus far gone unheeded by the international community. The fundamental human right to be heard has been denied to them.

As a result, the KLWCC had been established in 2008 to fill this void and act as a peoples’ initiative to provide an avenue for such victims to file their complaints and let them have their day in a court of law.

The first charge against George W. Bush and Anthony L. Blair is for Crimes Against Peace wherein:

The Accused persons had committed Crimes against Peace, in that the Accused persons planned, prepared and invaded the sovereign state of Iraq on 19 March 2003 in violation of the United Nations Charter and international law.

The second charge is for Crime of Torture and War Crimes against eight citizens of the United States and they are namely George W Bush, Donald Rumsfeld, Dick Cheney, Alberto Gonzales, David Addington, William Haynes, Jay Bybee and John Yoo, wherein:

The Accused persons had committed the Crime of Torture and War Crimes, in that: The Accused persons had wilfully participated in the formulation of executive orders and directives to exclude the applicability of all international conventions and laws, namely the Convention against Torture 1984, Geneva Convention III 1949, Universal Declaration of Human Rights and the United Nations Charter in relation to the war launched by the U.S. and others in Afghanistan (in 2001) and in Iraq (in March 2003); Additionally, and/or on the basis and in furtherance thereof, the Accused persons authorised, or connived in, the commission of acts of torture and cruel, degrading and inhuman treatment against victims in violation of international law, treaties and conventions including the Convention against Torture 1984 and the Geneva Conventions, including Geneva Convention III 1949.

The trial will be held before the Kuala Lumpur War Crimes Tribunal, which is constituted of eminent persons with legal qualifications.



The judges of the Tribunal, which is headed by retired Malaysian Federal Court judge Dato’ Abdul Kadir Sulaiman, also include other notable names such as Mr Alfred Lambremont Webre, a Yale graduate, who authored several books on politics, Dato’ Zakaria Yatim, retired Malaysian Federal Court judge, Tunku Sofiah Jewa, practising lawyer and author of numerous publications on International Law, Prof Salleh Buang, former Federal Counsel in the Attorney-General Chambers and prominent author, Prof Niloufer Bhagwat, an expert in Constitutional Law, Administrative Law and International Law, and Prof Emeritus Datuk Dr Shad Saleem Faruqi, prominent academic and professor of law.

The Tribunal will adjudicate and evaluate the evidence presented as in any court of law. The judges of the Tribunal must be satisfied that the charges are proven beyond reasonable doubt and deliver a reasoned judgement.

In the event the tribunal convicts any of the accused, the only sanction is that the name of the guilty person will be entered in the Commission’s Register of War Criminals and publicised worldwide. The tribunal is a tribunal of conscience and a peoples’ initiative.

The prosecution for the trial will be lead by Prof Gurdial S Nijar, prominent law professor and author of several law publications and Prof Francis Boyle, leading American professor, practitioner and advocate of international law, and assisted by a team of lawyers.

The trial will be held in an open court on November 19-22, 2011 at the headquarters of the Al-Bukhary Foundation at Jalan Perdana, Kuala Lumpur.

Bush and Blair to be ‘charged’

KUALA LUMPUR: Former US president George W. Bush and former British prime minister Tony Blair will be “charged” at a mock tribunal here for their war crimes today.

Perdana Global Peace Foundation president Tun Dr Mahathir Mohamad, who initiated the Kuala Lumpur War Crimes Tribunal, said the two former leaders would be charged for crimes against peace for planning, preparing and invading the sovereign state of Iraq on March 19, 2003, in violation of the United Nations Charter and international law.

The tribunal would hold the proceedings for four days at No. 88, Jalan Perdana here.

Crime against humanity: (Right) Tun Dr Siti Hasmah Mohd Ali, Tan Sri Norian Mai and Dr Mahathir at the “War is Crime” exhibition in Kuala Lumpur Friday.
 
It would be open to the public.

Dr Mahathir said although the two could not be jailed if they were found guilty, society could reject them by not inviting them to talks or events.

“Don't entertain these people or invite them to give talks,” he said after launching the “War is Crime” exhibition held in conjunction with the tribunal's efforts to criminalise war.

Dr Mahathir alleged that Blair had lied to the British parliament and the British people.

“What do you want to learn from him? To learn how to lie?” he added.

Dr Mahathir said that voters of countries at risk of going to war should also hold politicians accountable by making them reject war as a way to resolve problems.

Tribunal counsel Avtaran Singh said the “charge” have been served on the two leaders.

“If they are found guilty of the charges, the tribunal would continue with the second charge of torture and war crimes,” he added.

Avtaran said the United Nations Security Council and the International Criminal Court had failed to take action against Bush and Blair.

“Internationally, the system has failed,” he added

.- The Star

KL tribunal to try Bush, Blair for Iraq war crimes

Trial to go on despite absence of response from both leaders

 Professor  Gurdial S. Nijar
Professor Gurdial S. Nijar will head the prosecution during the trial
  The Kuala Lumpur War Crimes Tribunal  on Saturday will  try former United States president George W. Bush and former British prime minister Tony  Blair on a charge of committing crimes against peace during the Iraq War.

  Bush and seven  top US officials who served under him  will also face a separate charge of crimes of torture and war crimes at the tribunal.

  The three-day hearing, conducted by  seven senior judges headed by retired  Federal Court judge Datuk Abdul Kadir Sulaiman,  will go on although the two accused leaders and other defendants have yet to respond to the tribunal's notice.

  Datuk Dr Yaacob Hussain Marican, the secretary-general of the Kuala Lumpur Foundation to Criminalise War,  which is holding the tribunal, said the tribunal was being convened for the third time since 2007.

  Yaacob said the tribunal of conscience was modelled on  the one convened by philosopher Bertrand Russell in 1966 to try the perpetrators of the Vietnam War.

  Yaacob said although the tribunal  lacked enforcement powers, it would publish the verdict to get the world community to treat the accused as guilty persons.

  "The charges are being brought against the accused by the Kuala Lumpur War Crimes Commission,  which comes under our foundation, following in-depth investigations into complaints received from war victims in 2009.

  "The commission  acts as a peoples' initiative to provide an avenue for  victims to file their complaints and let them have their day in a court of law."

  Professor  Gurdial S. Nijar, a  law professor and author of  law publications, and Professor Francis Boyle,  an American professor, practitioner and advocate of international law, will head the prosecution during the trial.

  The trial, to be held in an open court at the headquarters of the Al- Bukhary Foundation in  Jalan Perdana here, is open to the public.

  In conjunction with the tribunal, Perdana Global Peace Foundation will organise an exhibition, " War is a Crime",  with a conference on  Friday.

  Its chairman, Tan Sri Norian Mai, said the conference's theme, "The Arab Uprising", to be opened by former prime minister Tun Dr Mahathir Mohamad, would see  speakers such as former US presidential candidate and congresswoman Cynthia McKinney and former United Nations assistant secretary-general Denis Halliday.

Friday, July 29, 2011

A choice for Americans: Spend more Borrow more? Spend less Tax more?





Debt crisis: America faces a decision that will affect us all

The financial crisis will force the Obama administration to make a choice that will define its future - and ours. 

Wall Street blues: America's problem is political, not economic - Debt crisis: America faces a decision that will affect us all

Wall Street blues: America's problem is political, not economic Photo: ALAMY By Jeremy Warner

To understand the origins of today’s stand-off between Republicans and Democrats over the US debt crisis, it is necessary to revisit an event which took place in Boston Harbour nearly 238 years ago. On December 16, 1773, a group of Massachusetts colonists boarded ships belonging to the East India Company and threw the entire cargo into the sea. There, in tax rebellion, began the American Revolution.

This iconic event in US history, the one from which the modern Tea Party takes its name, helped establish a national aversion to taxation that has remained at the heart of the American psyche ever since. For a people defined by the idea of rugged individualism, self-reliance and the frontier spirit, the presumption of low taxes – and correspondingly small government – is an article of faith as sacred as motherhood and apple pie.

 The Problem

Few would contest the manifold economic success that these principles have delivered. They are the very foundation of the American economic model, and helped to make the US the richest and most powerful nation the world has ever seen. But here’s the problem. In recent times, both government and its spending commitments have been getting a whole lot bigger. Taxation, on the other hand, has failed to keep pace. On the contrary: under George W Bush, America reduced its tax burden even as its spending escalated. Since President Obama came to power, spending has run further out of control, with no compensating tax increases.

Hard as it is to believe in some of its states, America as a whole remains a low-tax economy in comparison with most other “rich” nations. Yet its government spending is approaching the heroic levels seen in Europe. For the time being, the gap is filled by borrowing from foreigners, a plainly unsustainable and humbling path – made all the more worrying by the fact that there are huge spending pressures still to come from the needs and demands of an ageing population. Something has to give. Either America must spend less, or tax more.



Misconceptions

But before analysing the significance of this choice, we need to lay a couple of misconceptions about the nature of the current crisis to rest. From President Obama to Larry Summers, the former treasury secretary, to Christine Lagarde, the managing director of the IMF, to our own Vince Cable, the airwaves have been ringing with apocalyptic warnings about the likely consequences for the world economy should Congress fail to break the impasse over the debt ceiling by the August 2 deadline. Any American default, Summers has warned, would be like “Lehman on steroids… it’s gonna be financial Armageddon”.
Lagarde has wagged her finger at the US and urged action similar in its “courageousness” to that taken last week by the eurozone, which she somewhat optimistically seems to think has now largely solved its problems. Meanwhile, the Business Secretary, in an extraordinary and ill-advised outburst, accused “a few Right-wing nutters” in Congress of posing a bigger threat to the world economy than the trials and tribulations of the euro.

To heap the blame for America’s indecision on a particular ideology is to misunderstand the nature and importance of the debate – yet Mr Cable seems determined to accuse President Obama’s opponents of holding the world to ransom.

Are any of these warnings valid? Well, if America were to default, it would indeed be a seismic upheaval of shattering dimensions. In reality, it’s not going to happen. What’s being played out here is not, at this stage at least, an existential event, but a political charade.

Distress signs

There have been signs of distress in financial markets in recent days, but in the main, investors have displayed a remarkable lack of concern, with US Treasuries still trading at yields close to their historic lows.

They are right to be sanguine. The bottom line is that Mr Obama is not about to go down as the first president in history to default – which in any case would be to breach the Constitutional amendment stating that “the validity of the public debt of the United States shall not be questioned”.

Much as he would like to blame Republicans for such a calamity, he would not be able to escape responsibility. It is the President’s job to find solutions. The buck ultimately stops with him.

If, by some outside chance, the President does petulantly decide to throw himself off the cliff, it will be an unnecessary and surreal type of default. America is not insolvent, in the same way that some of the peripheral economies of the eurozone plainly are. It’s simply that it cannot agree on the correct balance between spending and tax. The crisis is political, not economic – which makes it quite unlike the situation in the eurozone, where it is both.

The immediate problem of the deficit – and possibly of the longer-term demographic challenges, too – could easily be solved with a single measure, the imposition of a European-style federal sales tax, akin to VAT. Yet hell will freeze over before such an abomination is agreed.

With characteristic wit, Mr Summers has summarised the issue thus: Democrats are against VAT because they see it as a regressive tax which would hit the poor, while Republicans are against it because they see it as a money machine that would entrench high state spending. Perhaps if Democrats came to appreciate its qualities as a revenue generator, and Republicans its regressive characteristics, they might actually be able to agree.

The parties have produced several rival plans for fiscal consolidation, but there’s little merit in getting into the minutiae: to the outside world, they all look as flawed and implausible as each other.

And the detail of the argument is, in any case, almost irrelevant compared to the titanic battle for the heart and soul of America’s future that underlies it.

Staying loyal

Does the US economy stay loyal to its low-tax, libertarian traditions, or does it retreat into serene, low-growth, European-style old age by reinforcing its social welfare programmes and charging citizens the taxes necessary to pay for them? Not since the Civil War has the nation been so polarised. If it were possible to split the US in two, and for each half to go its own way, it might provide some kind of a solution. But, ultimately, one voice must triumph over another.

For the US to forsake the principles that have underpinned its economic success for more than two centuries would be a disaster not just for the country, but for the world. European experience teaches that rising taxes almost invariably entrench higher spending. Once a culture of entitlements – a cushy, cradle-to-grave welfare state – becomes established, it’s very difficult to remove. When a choice then has to be made between spending on welfare and productive investment in the nation’s future – education, defence and so on – the latter is always culled first.

European style

Paradoxically, although moving to a European-style tax base would provide all the revenues the country needs, it would inevitably mark the start of America’s long retreat from military and economic hegemony.

Economic might is as much to do with confidence and perception as reality. The spectacle of a nation so lacking in credible political leadership that it cannot resolve its differences, threatens to default on its debts, and would rather print money than face up to its underlying economic challenges, is already perilously close to breaking the spell. America needs to wake up, before it’s too late.