Archive for November, 2021

The Laws of War: Nuremberg Trials, Vietnam, 9/11, Obama

Saturday, November 27th, 2021

Humane; How the United States Abandoned Peace and Reinvented War, Samuel Moyn, 2021


<> <> <> Quincy Wright in 1933 and 1941:

“The pax Britannia had given Europe the best two centuries it has had — at least since the pax Romana a millennium and a half earlier.” It was a long established fact: empires brought peace, too. “The excessively brutal civil and imperial wars which characterized the last century of the Roman Republic were followed by such a will to peace that most of the western world submitted to the Pax Romana of Augustus and his successors for two centuries.” (Quincy) Wright mused. Could the twentieth century offer something similar, he wondered, without requiring the humiliating subjugation of vassals and ceaseless violence at the savage frontiers of empire? Could a world organization under international law keep aggressors from bringing ruin to liberal democracies at peace? Would peace come,if it did, under the auspices of another empire or in some unprecedented guise?

One of Wright’s first publications explained how it ought to be plausible under international law to hold (Kaiser) Wilhelm II accountable for his biggest crime, which was starting a war, with all the catastrophes to which that decision led…Most of the early public uses of the phrase “crimes against humanity”, now associated with grave atrocities during war, allocated responsibility for war itself…It became popular in 1918-1919 to call war itself, rather than its attendant cruelties, a “crime against humanity”. (The Kaiser fled to the Netherlands, which refused to extradite the queen’s “Uncle Willie”.)

Home from Nuremberg, Wright definitely agreed it had been a good thing to rank aggression the premier evil. In effect, it was an auspicious sign for a federation to come that there was so much agreement to try individuals for war after the fact — as the Allies did in Tokyo for Japanese perpetrator, too. “Sanctions, to be effective must operate on individuals rather than states,” Wright explained. “International law cannot survive in the shrinking world, threatened by military instruments of increasing destructiveness, if sanctioned only by the good faith and self-help of governments.”

But at Nuremberg and Tokyo, the charge (“crimes against humanity”) was only allowed in connection the the primary infraction of aggressive war, which Americans were sure they did not fight (despite Dresden, Hiroshima, Nagasaki). As for aerial bombardment , all powers conducted it, and no one was punished.

…It was the Nuremberg Trial veteran Telford Taylor ( Counsel for the Prosecution) who went where Falk did not, and he framed the case against the Vietnam War exclusively in terms of war crimes…If one had to choose a single cultural document that marked the beginning of the coming of humane war in our time, Taylor’s bestselling and widely reviewed Nuremberg and Vietnam: An American Tragedy, which appeared in late 1970, is undoubtedly it. At the same time, Taylor epitomized how, after My Lai, atrocities became the index of consensus–belatedly mainstream–that the war had to end.

…after receiving the pentagon Papers from the dissident defense analyst Daniel Ellsberg, (Neil) Sheehan was preparing to publish them. His grave and wide-ranging New York Times Book Review essay on whether to hold war crimes tribunals for Americans normalized talk of national guilt. “Do you have to be a Hitlerian to be a war criminal?” Sheehan asked. “Or can you qualify as a well-intensioned President of the United States?”


Dick Cavett Show 1971

…(Telford) Taylor stated clearly on The Dick Cavett Show (Jan 8, 1971) that (General William) Westmoreland was liable for war crimes, and then he went further adding that, while he reserved judgement on such a tricky question, (President Lyndon) Johnson might be, too.

From the ashes of Hanoi and the darkness of My Lai, the possibility of humane war would come into view.

Forget talk of war crimes prosecution. Let’s just strive to make war more humane. The leaders and decision makers of Pax Americana cannot be held legally responsible for their past actions. Then came the Sept 11, 2001 attacks on the World Trade Center and Pentagon and the lessons of Vietnam were lost to history. After George W Bush started wars in Afghanistan and Iraq, revelations of torture and abuse threatened a serious return of antiwar movements. Interestingly Seymour Hersh broke both the Mai Lai massacre story and the Abu Ghraib prison abuse story.


<> <> <> <> <> <> Benjamin confronts Obama

After Obama’s election support for antiwar politics cratered. (Medea) Benjamin promptly put her energies into finding new support for the cause of peace by attacking Obama’s drone empire. “Unless we shine a light on it,” she told one reporter of his done mania, “we’re going to turn around a say, “How’s we get involved in all these wars without knowing about it?”.

Within two days of his inauguration, Obama signed executive orders to ban torture and rescind all Bush-era legal directives governing the treatment of prisoners…Few noticed Obama’s own first done strike, which took place that same third day of his administration…But the deepest and enduring reality of Obama’s first phase in office was that by making other moves, he was engineering an unprecedented new era of global engagement that would blur the lines between war and policing. What had once been brutal, albeit with beginnings and conclusions, was becoming humane — but never ending.

Obama turned to armed drones more times in his first year alone than Bush had in the entirety of his presidency. Almost from the start, Obama’s policy called for engaging in targeted killing with gusto, not only by drone but also with the Special Forces or standoff missiles sent from long distances. And as Obama re-created a war less bounded in space and let it bleed in time, his lawyers formalized the system…target killings transformed the war on terror so that it stretched across a widening arc of the earth. Soon it was to be advertised as a humane enterprise, conducted with concern for the innocent in harm’s way.

By the end of Obama’s time in office, no-footprint drones had struck almost ten times more than under his predecessor’s watch, with many thousands dead. The air force now trained more drone operators than aircraft pilots, and the architecture of drone activity had been extended deep into the African continent, not merely across the Middle East and South Asia. The same trend line followed the deployment of the light-footprint Special Forces, which operated in or moved through 138 nations…Actual fighting took place in at least thirteen, and targeted killing in some of those…If no one was captured, no one could be mistreated…As the Obama administration continued, the abuses to the laws prohibiting force accumulated almost without counterexample.

“The United States takes the legal position that–in accordance with international law–we have the authority to take action against al-Quaeda and its associated forces without doing a separate self-defense analysis each time”, (John) Brennan remarked in his 2011 speech, flashing an astonishing license to kill. In the spirit of the March 2009 brief, what began as a rationale for detention off hot battlefields became a justification for killing. Many of the individuals and groups in question had never struck at the United States, and the threat they posed was debatable. They died anyway.

For another take on Drones see High Tech Assassins

For the year starting in the Summer of 2011, the drone program began to receive more intense scrutiny in the press. The Obama administration would lift secrecy partially and strategically over the period that followed. By doing so, it normalized targeted killing–not hard to do given the enthusiasm for the death of Osama Bin Laden in Pakistan on May 2, 2011, in a dramatic commando raid. At the same time it set out to demonstratively minimize collateral harm.

Seymour Hersh reported on the actual events surrounding the killing of Osama Bin Laden in 2016.

Obama offered something part way down a continuum between war and policing. Why not go all the way, these critics (Philip Alston) reasoned? If war was going to occur off battlefields and without time limit, so the impulse went, it really ought to resemble the permanent institution of policing with its far more stringent rules on killing, only on a global scale.

(Medea) Benjamin intuited that drones without footprints were a sequel to the heavy-footprint wars of the Bush years. The technology was chosen for its difficulty to monitor but also its allegedly more humane precision. But she insisted that diplomacy was a better alternative to all forms of war: “I think it’s time to really reflect on the paths not chosen and those paths not chosen include policing instead of military focus…And focusing on the muscle that has been so deteriorated in the last ten years and that’s diplomacy.”

Trump was to continue the Obama assassination program and dangerously escalate it when on Jan 3, 2020 he ordered the drone killing of popular active Iranian general Quassim Soleimani as his motorcade traveled to Baghdad, Iraq.


Leo Tolstoy and Gandhi

In his concern that advocates for more humane war could help make it endless for a public that tolerates it, Leo Tolstoy fixated on corporal wrongs and physical violence. Advocacy aimed at humane war, he contended, was no more ethically plausible than agitation for humane slavery, with daily episodes of torture replaced by everlasting–but kind and gentle–direction of labor and service. Audiences who accept endless war out of the belief that its humanity excuses them, the truculent moralist inveighed, were fooling themselves. They were no better than those who rest content with more humane techniques of animal slaughter, leaving them to carve their steaks and fricassee their chickens with eager gusto in good conscience.

From The Nuremberg Trials to State Sponsored Extrajudicial Assassination

Tuesday, November 9th, 2021

Kill Chain; The Rise of the High-Tech Assassins, Andrew Cockburn, 2015

Daniel Reisner, former head of the IDF’s Legal Department:

“If you do something for long enough the world will accept it. The whole of international law is now based on the notion that an act that is forbidden today becomes permissible if executed by enough countries…International law progresses through violations. We invented the targeted assassinations thesis and we had to push it. [Now] it is the center of the bounds of legality.”

A former senior White House counterterrorism official:

“The idea had its origins in the drug war. So that the precedent was already in the system as a shaper of our thinking…In addition, the success of the Israeli targeted-killing strategy was a major influence on us, particularly in the Agency (CIA) and in Special Ops. We had a high degree of confidence in the utility of targeted killing. There was a strong sense that this was a tool to be used.”

The Predator drone was only made feasible after the Internet and the 24 GPS satellites were available in 1993. The Predator was first fitted with a Hellfire missile in 1994. “Given that 168 support staffers were required to keep one predator 24-hour Combat Air Patrol in the air, this was clearly an expensive undertaking.” The drone program allowed live video connections to the entire military chain of command up to and including the President. Each could be directly involved in the remote action of an attack for the first time in history. They could make real time remote kill decisions based on dubious quality video images.

President Obama as Assassin

Two years into the (Obama) administration, everyone in the Ritz_carton ballroom knew that the bulky Irishman (John Brennan) was the most powerful man in U.S. intelligence as the custodian of the president’s kill list, on which the chief executive and former constitutional law professor insisted on reserving the last word, making his final selections for execution at regularly scheduled Tuesday afternoon meetings. “You know our president has his brutal side” a CIA source cognizant of Obama’s involvement observed at the time.

The 542 drone strikes that Obama authorized killed an estimated 3,797 people, including 324 civilians. As he reportedly told senior aides in 2011: “Turns out I’m really good at killing people. Didn’t know that was gonna be a strong suit of mine.”

On May 2, 2011 a team of navy SEALs killed Osama Bin Laden upon the orders of Obama. President Obama, breaking his agreement with Pakistan, immediately announced the assassination in support of his reelection campaign.


<> <> <> Daniel Hale

The NSA features heavily in this book and whistleblower Edward Snowden is included but whistleblower Daniel Hale whose leaked documents paint a far bleaker picture of the number of innocent casualties from drone strikes is not. Daniel Hale is serving a 45 month sentence for his trouble. See Snowden, Cell Phone Privacy, and Targeted Assassinations.

As originally written, President Dwight Eisenhower’s epochal-1961 farewell address had warned of the “military-industrial-congressional complex” and its “economic, political, and even spiritual” influence at every level of government.

Much of this book deals with the ever rising defense budget that even the fall of the Soviet Union couldn’t stop. The book deals with inter-service rivalries continuing to today, the competition for funding, the crazy high tech ideas that will never work, the total lack of accountability for failure, the failure to even admit failure, the corruption, the waste, the undermining of democracy, the use of classification to bury unwanted information, etc. Pretty bleak reading.

Deep Medicine – Wellness in a very complex universe and web of life

Friday, November 5th, 2021

Inflamed; Deep Medicine and the Anatomy of Injustice, Rupa Marya & Raj Patel, 2021

Truly holistic health must contend with the elements that continue to make people unwell, locating the disease-causing entities in social structures and the grave misunderstandings that created them. Systems that position humans as supreme over the entire web of life, settler over Indigenous, a singular religion over all other-world views, male over female and nonbinary understandings of gender, white over every other shade of skin — these must be dismantled and composted. We must reimagine our wellness collectively, not simply as individuals or communities but in relation to all the entities that support the possibility of healthy lives. These relaionships, precisely because they are vital for health, are worthy of our care.
The problem is when inclusion becomes enclosure — when the radically transformative projects, theories, and futures led by Indigenous and poor people are sterilized by liberalism, and when the language and other signifiers of revolution are co-opted and incorporated into some giant soup of civil rights struggles…For those living in settler societies, the work of being in solidarity specifically with Indigenous-led movements is particularly critical. The collapse of ecological, social, and bodily health is an outcome of over six hundred years of cosmological warfare.
Forging new forms of solidarity is not easy. It requires abandoning colonial ties and creating new relations with other fugitives. Reconnecting relations that colonialism sundered is simultaneously a personal and political project. Colonialism reproduces itself through a hegemony that has been widely internalized. Transcending it won’t require just therapy, or antiracist book clubs, or some individual process of self-scrutiny. It will involve a collective journey to new forms of exchange and relations.


Yosemite Valley and Falls

The romance of the wilderness (the National Parks) was created through the erasure of the people who knew how to live sustainably in a specific place, often for thousands of years…Removing this taint (native inhabitants) on the landscape would have severe consequences not only for the people but for the entire ecosystem: the invention of the pristine wilderness inaugurated an era of catastrophic forest fires.

Inflammation is triggered when tissues and cells are damaged or threatened with damage. A complex and intricately coordinated response of the immune system, inflammation mobilizes resources to ultimately heal what has been injured. In a healthy, balanced system, once the mending has occurred, inflammation subsides. When the damage keeps coming, the repair cannot fully happen, leaving the inflammatory response running. A system of healing then turns into one that creates more harm.
As we explore inflammation in this book, we will sometime use the language of the body in analogy. So salmon are to rivers as hearts are to blood vessels. They both function as nutrient pumps in systems of circulation. We sometimes proceed by simile; dams are like vascular obstructions. We are not above metaphor. Trade routes for example, are colonialism’s arteries, moving people, capital goods, and diseases around the world system, and connecting bodies, societies, geographies, and ecologies. The metaphor helps us to show that inflammation is systemic and that the systems are linked. But we aren’t making a literary arguments so much as a medical one. The inflammation in your arteries and the inflammation of the planet are linked, and the causal connections are becoming increasingly clear; your physiological state is a reaction to social and environmental factors. Racial violence, economic precarity, industrial pollution, poor diet, and even the water you drink can inflame you.

The stories of interference in the ancient relationships between land, water, humans, and salmon demonstrates how interconnected these all are and how technological arrogance can crate downstream problems when we work to outsmart the ecologies we belong to. A disruption in one part of the web of life, within a few short decades, ends up eroding the vitality of the whole system. But the good news is that ecologically guided reparation starting at one point of the web can bring vitality back to the whole…And that ecological restoration must start with the people who were integrated into the ecology before colonialism, and who are still here working on these solutions.

The (Covid) pandemic revealed in stark terms the reality of how environmental and social injustice affects health, and also the deeper truth that under a colonial cosmology, many humans have been made disposable.

Unfortunately, we are rushing headlong into a crisis of colonial capitalism in which pollution deaths soar, driven by a climate crisis, like the Covid pandemic, in which a few profit greatly while billions suffer…Absent a serious diagnosis of the climate crisis and its impact on the exposome and our bodies, medicine will continue to treat the symptoms but will miss the opportunity for a cure.

Learning to listen must be the work of settlers on colonized land, of modern societies that treat the Earth as a thing to be exploited, and of health care workers, as we increasingly encounter existential threats from forest fires, pandemics, catastrophic floods, and global warming–all signs that we are critically out of balance.

Through his investments, (Bill) Gates owns 97,933 hectares (242,000 acres) of arable land, making him the largest farmland owner and occupant of stolen territory in the United States.

After the Bolivian coup to assure US extractive rights to lithium needed for his electric cars, Elon Musk tweated: “We will coup whoever we want! Deal with it.”

Colonial capitalism suppresses the equitable distribution of resources, expending great energy–through extraction, border construction, incarceration, and the creation of supremacist cosmologies and institutions–to maintain a structure that prioritizes individuals over communities. Without the networking-capacity benefits of communities, society under colonial capitalism is more vulnerable to the shocks and failures of systems within systems, which we see with pandemics, raging wildfires, and stock market volatility.

Normally, pro-inflammatory activity is self limited, turning off once homeostasis is achieved. Sustained activation means that an inflammatory stimulus is chronic or the response simply fails to stop. When it continues unabated, it produces the inflammation that is a hallmark of neurodegenerative conditions such as Alzheimer’s, Parkinson’s, Huntington’s, multiple sclerosis, and amyotrophic lateral sclerosis.

The planet, our own bodies, and our consciousness are wired for the care of others. But capitalist economic and social systems teach us to restrict the set of beings whom we’re prepared to recognize as people, and to suppress the urge to care, unless money might be made from it. They misdirect our attention and obfuscate our capacity to recognize one another, and the care we need.
Humans have broken the world. The air that renders neurological disease more likely has to be cleaned. Industrial agriculture has massively degraded the land, and it will take a profound shift in priorities to reverse the killing of the flora, fauna, and fungi beneath our feet. In the United States, as elsewhere in the world, waterways are being polluted by agriculture and fossil fuels, and the defenders of that water are being attacked.

Unlearning capitalist cosmology cannot be done alone, as a project of individual therapy. It is not about an individual decision to “be kind” or to “be antiracist.” Rather it’s about the solidarity of political communities, of networks of people, engaged in systemic change. A decolonial idea of care extends not just to other humans but to all relations in the web of life.


Water Protectors at Standing Rock

When I (Rupa) went to Standing Rock, I saw a glimpse of another way of being in community, which allowed us to reconnect to that pluripotency that has been broken by colonialism…It was as if time were standing still and we were back in the era of colonial conquest. I had already known this conceptually, but it was there that I really understood in every cell of my body that colonialism is an ongoing project that reproduces itself across generations. It never stopped. For the system to continue, its power relations must be re-created every day, and that re-creation occurs because individuals are coerced, voluntarily agree, or simply cannot imagine how not to participate in the rules set out before us.