The ICC Will Only Hurt the Palestinian People, Part 2: These People are Warmongers and We Should Revile Them

Standard

In Part 1 I discussed various things relating to the International Criminal Court. With all its humanitarian rhetoric, the actions of the ICC have consistently been a source of injustice and suffering. Moreover it has been the enemy of truth – perhaps the greatest crime because it can perpetuate suffering for generations to come.

Part 2 deals with, among other things, the undue deference paid to those who professionally don the mantle of humanitarian. These are not great humanitarians, quite the reverse. Just as hierarchies of “knowledge” can produce ignorance so can “humanitarian” hierarchies militate against humanitarianism. By analogy, if I want to hear a cogent perspective on US foreign policy I would almost be better off heading to the pub and looking for someone in the mood to be candid than I would be in heading to a foreign policy think-tank. Equally, once professional “humanitarians” have internalised the idea that they are inherently moral, it is pretty easy for them to neglect morality altogether.

I feel that it is constructive to cultivate contempt and anger at those who are more-than-comfortably well off because of their role within agencies of dysfunction and harm such as the ICC. At the same time I am aware that critics of people within institutions often personalise criticism – not as insults nor ad hominem critiques, but as a presumption that a mistaken intellectual stance must be the result of bad intent. Obviously, I am not saying that we should extend the benefit of doubt to Obama or Kissinger or Power. Sometimes, even if people believe that they are doing the right thing it is not relevant. Pol Pot thought he was doing the right thing, but so what? For people with less executive power, though, it is generally counterproductive to attack their motives.

My answer is to cultivate contempt for the collective, and respect for the individual. Self-satisfaction is destroying the intellects of people who succeed in many walks of life, and none of us plebs should continue to feed that.

Preventing Peace

When an accused criminal is the demonised leader of a Third World state, there can be no compromise according to the pundits. Only prosecution to the utmost extent of the law is acceptable, even if innocent people must die to achieve this.

When official villains, certified by the US State Department, are up for prosecution we enter Oppositeland. War is peace and the rule of law means lawlessness. The pundits enter a cop-show fantasy where law is not an imperfect instrument of ethics, but a tool of righteous justice. The rule of law doesn’t mean abiding by the law even when the results are not to your liking, but it now means breaking the rules to ensure that the bad guy is always punished. For example, in How America Gets Away with Murder, Michael Mandel pointed at the “absurdities” of Western newspapers touting the triumph of the “rule of law” after Slobadan Milosevic was illegally extradited from Serbia under extremely political circumstances.

The bloodlust and the self-righteousness can lead to a lot worse than subverting sovereignty and bringing the law into disrepute. Hard lines on “the end of impunity” are a potential enemy of peace both indirectly and directly. Take the case of Charles Taylor. He ended a civil war and left the country when he was offered exile in Nigeria. The US Congress soon voted to offer a $2 million bounty on Taylor. Richard Falk criticised his later capture, prosecution and conviction on the ground that it was selective prosecution serving US political ends: “…when the application of international criminal law serves the cause of the powerful, it will be invoked, extended, celebrated, even institutionalised, but only so long as it is not turned against the powerful. One face of Janus is that of international justice and the rule of law, the other is one of a martial look that glorifies the rule of power on behalf of the war gods.”

There is hypocrisy, and the direct intervention of neutralising enemies through the courts, and the implicit threat to other Third World leaders that if they do not run their country according to US wishes they may end their lives in a prison cell far from home. But in some ways, those things are not the worst of it. The worst thing is that the next Charles Taylor will look at his future and weigh whether to concede defeat in war and flee the country. Remembering Taylor, he or she will decide instead to fight to the death and thousands of others will die as well.

That is an indirect way of promoting conflict, but ICC indictments can be used to more immediate warmongering effect. Shortly before NATO started an air war against Libya in 2011, the UNSC instructed the ICC to investigate Libya (despite the fact that the US, Russia and China refuse to be subject to the ICC themselves). The probe centred on the killing of political prisoners in a prison in 1996. As Phillippe Sands pointed out at the time the very existence of the investigation made a negotiated settlement to the civil war in Libya less likely. Indictments for Muammer Ghadaffi, his son Saif al Islam and his brother-in-law came less than two months after NATO bombs killed another of Ghadaffi’s sons and three of his grandchildren. Both flight and negotiation became impossible. The indictment ensured that fighting would continue – meaning that people would continue to be killed and maimed.

Given the timing and the political nature of the decision to indict in the midst of war there are really only three possible reasons for the indictment. One is that US and European leaders wanted to make a salient demonstration to the world of what happens to leaders who they dislike and they don’t care how many Libyans are killed in order to make that demonstration. (In retrospect the Panama invasion of 1989 can be seen as such an operation, and the best estimates of Panamanians killed in “Operation Just Cause” are in the thousands.) The second possibility is that the same powers were actually desirous of conflict in Libya as a divide-and-control strategy whereby independent development is curtailed by ongoing destabilisation and ever-renewable civil strife. This would be entirely fitting within a pattern of interventions which has sown conflict and degraded central governance in dozens of countries. The third option is that both of the previous options are true in varying degrees.

Colonisation by NGO

Palestine is one of a number of societies rife with NGOs. Mandy Turner has shown that the “liberal peacebuilding” practiced by these NGOs is a colonial practice and a contemporary “mission civilatrice”. Israel’s colonial practices are “at the expense of Palestinian self-determination”, but Western-backed “peacebuilding” is “at the expense of a development strategy for national liberation”.

The “liberal peacebuilding” prescription of “neoliberal policies of open markets, privatization and fiscal restraint, and governance policies focused on enhancing instruments of state coercion, ‘capacity building’ and ‘good governance’” is simply neocolonialism. These are the practices developed by the British and imposed wherever possible on colonies, former colonies and parts of the formal empire. Once upon a time it was called “liberalism” now it tends to be called “neoliberalism”, but it amounts to the same thing – colonial control that ensures both dependency and impoverishment. The main difference here, and in other neocolonies, is that the former colonial power does not have an exclusive concession and the exploitation and expropriation (which may be of donor money rather than indigenous wealth) is a multinational Western project.

In short, while Palestinians are concentrated into fragmented reservations by Israel’s settler colonial project, within those patches an additional burden of neocolonial servitude suppresses independent development. But as Turner also indicates, part of the neocolonial NGO dominance is the delegitimisation of violent resistance: “…the ability to decide whether someone is or is not a ‘partner for peace’ and thus act on this decision is unequal. This phrase, therefore, made Israel’s attempts to control Palestinian political elites seem innocuous. It also allowed donors to believe that funding and working with Palestinian elites regarded by Israel as being ‘partners for peace’ would assist their mission of supporting the peace process. In its application this paradigm has variously meant Israel justifying cutting off revenue transfers to the PA, arresting and detaining democratically elected Palestinian politicians, extrajudicial executions and military violence. It has also been used by donors to justify cutting off aid, reverting to ‘bad governance’ practices, and supporting regime change. It has been, in effect, the discursive framework that has bound the two practices of control together and has given them common purpose.”

One Person’s Terrorist is Another Person’s Legally Elected Political Representative

Building on Turner’s work another legal scholar, Vicky Sentas, gave this talk on “peacebuilding as counterinsurgency”. Her focus is on the listing of the Kurdish PKK as a terrorist organisation, but the logic applies equally to Palestinian armed resistance formations given that they all have been or could be declared terrorists on the basis of their resistance activities. The terrorist listing is even worse than politically motivated accusations of war crimes or crimes against humanity because it prejudicially criminalises people on the basis of belonging to a designated terrorist entity. If you delegitimise resistance or insurgency on the basis of acts designated as “terrorism” than all personnel become “terrorists” regardless of their own actions.

Of course the main use of the term “terrorist” in the last 100 years has been as a way of delegitimising armed violence from non-state actors. Our elites work hard to avoid any suggestion that terrorism might actually refer to the intentional use of terror per se, because that would inevitably mean that the greatest terrorists are the most powerful states. Noam Chomsky’s famous assertion that we ignore the “wholesale” terrorism of militarised states and concentrate on the “retail” terrorism of armed non-state entities doesn’t really suffice. “Terrorists” means people with weapons or destructive implements who we don’t like and who we can get away with labelling as “terrorist”. Whether they actually practice the use of terror is not relevant. Anticolonial rebels were called terrorists; the resistance to German occupation in Europe were labelled “Bolshevist terrorists”; the Viet Minh and later the National Liberation Front were labelled “Communist terrorists” from which came “Charlie Tango” and hence “Charlie”. The only difference is that now we have an international regime, subject to US hegemony, which makes this political, and inherently oppressive, act into a internationally legalistic one.

The idea of terrorism itself is a way of implying that the organised armed violence or property destruction of a group is illegitimate as being criminal and outside of the behaviour of combatancy. The old-fashioned approach was to suggest that belligerent parties such as insurgents must be treated as combatants. After the cessation of hostilities the victor could legitimately label the defeated foes as traitors and deal with them as such. This is hardly perfect and does nothing to prevent victor’s justice and judicial massacres. On those grounds some might think that it is a pointless distinction to make. But there is a certain sense that if the belligerents were criminals en masse because terrorism is a crime, then they would properly be dealt with by the normal policing and judicial processes of the state in question. If the response to an organised challenge is military violence, paramilitary violence, counterinsurgency, “counter-terror”, political violence and or political terror, then you are in a situation of armed conflict and the enemy should be treated as a combatant, at least for the duration.

Anyone who has Followed the Thread of This Article to This Point…

deserves a medal. But they also might be asking: “Hang on, surely joining the ICC will strengthen Palestinian claims to statehood and make their resistance more, not less, legitimate.” I wish it were so, but it is unfortunately more accurate to say that those countries that are subject to the ICC may find themselves in the same situation as Palestinians if they face aggression or occupation. They may find that politically determined accusations about the manner in which armed resistance is conducted or internal conflict is dealt with are used to delegitimise all resistance either informally or formally through the enforcement of terrorist listings.

Bear in mind, too, that entities like the US and Israel have a long-standing habit of conflating armed and unarmed resistance activities. In Viet Nam the US coined the term “Viet Cong Infrastructure” (VCI) to designate people who had sympathy for the National Liberation Front and the People’s Liberation Armed Forces (PLAF). The term Viet Cong had already conflated combatants and non-combatants who opposed the Saigon regime, now the VCI designation worked in the same way as a “terrorist” or “VC” designation, legitimising deadly violence as if the victims were combatants yet denying the rights accorded to combatants. VCI were the prime target of the notorious Phoenix Programme. Unlike actual NLF officials or PLAF personnel those fingered as VCI, often by tortured suspects, were easy to abduct or kill at their homes.

A similar mentality is even applied now domestically in the US, with the designation of “material support for terrorism”. This sounds like it could only mean substantive support for actual terrorism such as providing money or materiel to suicide bombers. In practice the case of the Holy Land Foundation 5 shows that it is political designation intended to conflate the crime of thinking the wrong thoughts with unlawful acts of violence. The victims of that judicial persecution are serving sentences of up to 65 years for sending money to charities allegedly controlled by Hamas. They were not accused of funding terrorist activities, but of sending funds to a terrorist entity.

The HLF5 defendants are claiming that they were entrapped because they tried to get a State Dept. list of approved charities, but were denied. The point of the exercise is to create a political language in which giving charity to orphans is “terrorism”. This accompanies an ongoing exercise to “rebrand” military violence, including killing civilians, as “humanitarian”. The most important thing to remember is that this has worked. If you put “holy land foundation trial” into a search engine that does not anticipate your desires (such as duckduckgo), you will find that their conviction was a victory against Jihadi terrorism and the plot to enforce Sharia in the United States of America.

This illustrates that we are really faced with two possible ways of dealing with the overall issue of armed mass violence. We can either accept the Nürnberg precedents and the UN Charter. This would mean that war is illegal, all people have a right to life and that the aggressor is culpable for all loss of life and suffering. The UNSC would be able to authorise legitimate military action, but it could only do so in accordance with the UN Charter, which can only mean acting as a collective defence against an aggressor. This is a highly imperfect system and many bad things can happen to people that this particular system does not act to prevent or discourage. On the other hand, this system outlined does not actively facilitate atrocities, while the alternative does.

The system that is favoured by the US, and ultimately promoted by the ICC, is one in which the armed violence is legitimate if carried out by lawful combatants in a lawful manner. Unlawful actions by lawful combatants are not legitimate, but they are a side-issue of individual criminality. In contrast, unlawful acts committed by unlawful combatants are the retrospective rationale for justifying unlawful status and all resistance by unlawful combatants is unlawful. In other words, might makes right. Lawfulness or unlawfulness depend entirely on the ability to control perceptions. The powerful are allowed to commit mass violence against the weak, and the resistance of the weak will make them the perpetrator and justify the acts of the powerful.

Israel’s Persecution Complex

The ICC’s significance is inevitably that of a public relations exercise. Even the “end of impunity” enthusiast must readily admit that the Court’s function is not to provide specific deterrence but to create general deterrence (supposedly by ending impunity). In fact, there is no evidence or concrete reasoning that would support that claim, but it has a veneer of rationality. This isn’t a matter of common ignorance, this is highbrow ignorance for superior idiots only, but even on these terms the putative general deterrent effect is the result of managing perceptions. Thus even the supporters know that ICC activities are a form of display, and their trial are inevitably show trials.

Because the ICC is one big politicised PR exercise, legalistic analyses of the ICC are less important than discursive analyses. I have concentrated on the ways in which the ICC is part of the ongoing process of creating an international political discourse of “good guys” and “bad guys” in which the powerful control the language, the conversation and thus, ultimately, the perception. This is a thought control process aimed largely at the intelligentsia. But in the case of Palestine, ICC membership will further another project of thought control – that of the Great Israeli Persecution Complex.

Historically Jews have suffered a great deal of persecution. In Europe during World War II this persecution became something that truly defies words. Even at a time when unspeakable acts and unimaginable suffering were the experience of many millions throughout the world, the fate of Europe’s Jews stand out. The German concentration camp, slave labour, and extermination camp systems, and the mobile civilian mass-murder systems, exceeded all historical precedents of cruelty. I do not write that lightly and I am not forgetting Potosí, nor the Atlantic slave trade, nor the victims of Japanese occupation, nor the Ukrainian Terror Famine, nor any of the other great obscenities of humanity. Jews were not the only victims, by any means, but in some respects they were the key and exemplary victims.

If Zionism had ever been purely a response to persecution, perhaps the lesson of the Shoah might have been commit to opposing all acts of genocide. It would be an anticolonial movement. But Zionism was never purely about an enduring escape from persecution. It has always accommodated a combination of nationalism, colonialism, racism, chauvinistic religious belief, and Imperial power politics. In addition we must account for the role that greed and love of power play in all political movements that provide outlets for them. Thus, inevitably, the response to the Shoah was not an organic response that would reject all genocidal cruelty, but an exploitative one by a existing system of power hierarchies whose human components seized on the emotional and political capital provided by the murder of millions.

The historical persecution of Jews and the Shoah actually have very little to do with the realities facing Israel. I am not saying that there has never been persecution of Jews in the Arab world, nor that anti-Judaism is no longer a matter of concern in Europe or elsewhere. These are complicated issues which I cannot get into here. I will confine myself to pointing out that when the Argentine junta was detaining Jews and sending them to camps where they were sometimes tortured in front of pictures of Hitler, and many were killed, the Israel’s government sided with the neo-Nazis, not against them.

But when it comes to the occupation of Palestine, the exploitation of past persecution is the gift that keeps on giving. The ICC will provide an ongoing opportunity for the Zionist regime to harp on about how the entire world hates Jews on a regular basis. It will be like the Goldstone Report on a loop track.

To refresh your memory, the Goldstone Report was slanted against Palestinians. Richard Goldstone, the lead author, is an avowed Zionist despite his history of opposing apartheid. This was a fact finding mission, not a judicial inquiry, but it should still have addressed the question of aggression. Instead it misleadingly affirmed Israel’s right to self-defence. Noam Chomsky characterised the report as being pro-Israel on those grounds. It was also disproportionate, devoting considerable wordage to Palestinian militant activities, when if weighted by deaths caused Palestinian activities would barely get a mention.

Goldstone had watered down some aspects of the report against the wishes of his co-authors, yet on its release the Israeli government lead a chorus of Zionists, neocons, white supremacists and Islamophobes around the world that shrieked like stuck pigs. They claimed that the whole thing was part of the giant world-wide conspiracy of the Jew-hating UN. Goldstone later strengthened these cries by undermining the report with his name on it. All three of his fellow authors issued their own contrary statement, but hardly anyone heard about that.

This is another one of those inversions of reality, this time in three steps rather than two. When Operation Cast Lead was occurring the raw images tended to show the truth – a helpless besieged people were being attacked in a one-sided slaughter. But if you try searching “goldstone report bias” in duckduckgo you have to scroll down a great deal to find anything that counters the notion that the report was biased against Israel, and I don’t even know how many hits you would get before the first one that suggested a pro-Israel bias.

Even anti-Zionist outlets like Electronic Intifada devote their attention to decrying Goldstone’s later betrayal and defending the Goldstone Report against accusations of anti-Israel bias and completely neglect to show the important ways in which the report was unreasonably and unfairly biased in Israel’s favour. That, far more than the report’s actual contents, is the contribution of the report to posterity and our understanding of Israel’s actions in Gaza. Expect more of the same.

Binyamin Netanyahu has just succeeded electorally by taking a “hard line” and playing on fear and racism. The Great Israeli Persecution Complex has become part of an ever-intensifying spiral of extremism where each new crime necessitates a more insane world view. The world increasingly sees the bare injustice of the genocidal project of Zionism in Palestine. The response within Israel and for their fanatical supporters, who are increasingly confined to the US, is the paranoiac vision of a world of savage “anti-Semites” who oppose Israel out of hatred for Jews.

In reality the international community and the UN greatly favour Israel at the expense of Palestinians, including the diaspora. The UN was Israel’s midwife (the father of the child, Britain, decided that it was not desirable to be present at the birth). The UN has acted to shield Israel from the consequences of realising the human rights of Palestinians. It is a complicated story which can be found by scrolling halfway down here or you could just watch Vera Gowland-Debbas here and here. In short, what it means is that every single member of the United Nations, meaning your government, has a specific moral and legal obligation to act to secure the long absent rights of the people of Palestine. They have failed to do so for 66 years and the only reason for not doing so is the potential negative impact on Israel. No country has any such obligation to Israel nor, especially, to the “Jewish state of Israel”. Individual Israelis have the same human rights as we all have, but the state of Israel has no rights which can override the human rights of millions of Palestinians.

They Walk Among Us!

And who will stand for Palestinian human rights? Our over-privileged and well-tailored liberal apparatchiks advocate that the world’s problems will be solved by meting out white-man’s justice from on high. Self-appointed as God’s gift to human rights, in reality these individuals act to reproduce the most cruel and destructive imperialist violence. They perpetuate the most deadly circumstances of direct mass violence and of structural violence. These are the clerics of Hernán Cortés (“Cortez the Killer”) singing hymns to the righteousness of his bloodletting. They share their apparently capacious catholic faith with overtly hawkish liberal interventionists and neocons, but in reality this is a narrow orthodoxy fitting the requirements of “ostensible diversity concealing actual uniformity”.

Many people have come to realise that “neconservatives” are just a subset of “liberal interventionists”. The fact that highly prominent liberals have always been part of the neoconservative movement, and the fact that they both have identical “moral” facets of foreign policy prescription should have made more people realise this earlier. Still, even now most people are blind to the fact. This is an understandable result of the manner in which these ideologies are presented to people as contending and the manner in which the ideologues criticise each other. The political “debates” between various foreign policy factions in the US are nothing but frenetic, and ultimately unbelievable, theatre. The rhetoric clashes, but the exceptionalist interventionism matches – as do the concrete deeds.

For me it is no stretch at all to see some prominent “humanitarians” as blood-drenched imperialists. As soon as I read Samantha Power’s A Problem From Hell I knew she was exactly as she now appears to us all. It doesn’t take a genius, it just takes actual thought. The neocons themselves considered her book a must read. And she is far from alone.

Human Rights Watch (HRW) has been described as having a “revolving door” relationship with the US State Dept. Amnesty International (AI), in addition to a long history of providing atrocity propaganda to support US interventions, has been implicated in helping a US regime change plot in Eritrea, along with HRW. The US State Dept in 2011 seems to have specifically funded a joint AI/HRW delegation to Eritrea as part of a destabilisation plan. Many of the people within these organisations are dedicated and well-meaning, but the seem oblivious to the malevolent nature of those running things. The clearest example is Save the Children, whose employees were shocked and appalled at the decision by their superiors to give Tony Blair a “global legacy award”.

What shocks me is that people are actually surprised to find that the folks who run big NGOs are power-loving elitist scumbags. I feel like I’m the guy in the movie They Live who has what Slavoj Žižek describes as “critique of ideology glasses”. When wearing the glasses he sees, among other things, that most rich and powerful people are hideous and foul creatures who are the enemies of humanity.

I am not suggesting here that all rich and powerful people are literally malevolent parasites from another species. What I am suggesting is that their humanity is irrelevant. It doesn’t matter if they are loving parents or kind to animals. It doesn’t matter if they spend at least 20 hours each week washing the feet of lepers. In our unequal society even charities are often dizzyingly steep hierarchies; the dynamics of power, and the group dynamics of elite psychology, mean that with some exceptions these people might just as well be bloodthirsty baby-eating reptiles from outer space.

People reflexively defer to the authority of these “successful” people, because they are programmed to believe that advancement within a hierarchy comes through merit, while at the same time they project their own disinterested humanitarian values on to these people. What I see is what I saw in Susan Power, Tony Blair and Barack Obama. These people are happy to take selfies with Bill Clinton, or share a stage with Henry Kissinger. When they debate a neocon like Robert Kagan it is in an atmosphere of mutual respect, if not admiration. The only powerful Westerners who they don’t love are those who actively play the vicious villain, like Donald Rumsfeld, and even then that is entirely contingent and will change as soon as that villain is reinvented by a PR firm and a couple of journalistic puff-pieces.

People like Susanne Nossel (head of PEN, former executive director of AI USA, and warmonger) should only provoke disgust and anger in anyone who really cares about human rights. It is completely irrelevant if they don’t understand why we hate them and if their precious feelings are hurt. They have drunk so deeply from the well of Western hypocrisy that the only thing that can remain true within them is the love of power. The political powers and functionaries that control the ICC are no different. Some may be perfectly well-meaning, particularly if their involvement has simply followed logically from their area of legal expertise, but most are liable to be slime in human form.

The idea that human rights are advanced by a political process of choosing individual designated criminals and punishing them with maximum possible fanfare is likely to appeal to the worst fake humanitarians. Imprisoning people is not a humanitarian pursuit. A true humanitarian is more concerned with emptying prisons than filling them. Moreover, someone who really cared about justice would want to see a stronger International Court of Justice – able to rectify interstate injustice, not spend billions of dollars on prosecuting a handful of cherry-picked expedient pre-fab demons.

I happen to think that many of the people involved in the ICC are most likely to be horrible self-righteous bastards, but even if many of them are deeply concerned humanitarians it does not change the institution. Hans von Sponeck recently said on Democracy Now! “There is a new chief prosecutor in The Hague. And we are now—in mid-April, on the 18th of April, in fact, the War Crimes Commission will meet yet again in Kuala Lumpur to prepare for the second, and hopefully last, draft submission of this documentation to the International Criminal Court.” Obviously there is no harm in handing reports to the ICC, but why bring up the new prosecutor? In the context which he gives the implication is that there is a prospect of the ICC indicting US officials. Does he believe this? Does he identify with the ICC officials and project his own benevolent intents on to them? Is he confused about the difference between the way people act in the real world and, say, the way they might present their desires at a social occasion?

That is why I hang my head in despair when I hear someone as admirable as Dr Francis Boyle discussing the ICC as if Palestinians have nothing to lose, as if the worst of their worries is simply that the ICC will be unable to act on their behalf. In his own words, Boyle “advised President Abbas to accept the jurisdiction of the International Criminal Court….” And, because I know that Boyle an intelligent and caring man, from my very bowels comes the unstoppable question: “Are you out of your fucking mind?”

Conclusion

Inevitably the ICC will do everything possible to seem as if it is responding to public pressure to prosecute Israeli crimes, but it will not prosecute Israelis. It will be biased in favour of Israel, but that will be represented as being even-handed and objective by some, and as being biased against Israel by others. Many supporters of Palestine will be sucked into defending the ICC against accusations of bias.

Palestinian leaders will be threatened with ICC prosecutions both publicly and in private. This will deepen the already profound constraints and controls imposed on them by Israel and the US. This may be enough to erode the ability to resist armed mass violence by Israel, such as the resistance to “Operation Protective Edge”. That conflict was once again a one-sided act of mass-murder, but armed resistance caused enough IDF fatalities that there must have been some deterrent effect. That deterrence will be eroded if Palestinians do not feel able to use armed resistance.

Already Palestinians are beaten with the stick of the Hamas terrorist designation. On the other hand Al Jazeera‘s “Palestine Papers” illustrate that Palestinian Authority leaders are compromised in other ways. I draw the inference that Israeli actions such arresting legislators or the 2002 siege of Yasser Arafat’s compound were ways of creating threats which are levers with which to control PA leaders. The PA leaders might not be traitors as much as they are responding to the political realities of the world that they live in. The ICC will provide more ways of threatening and controlling some Palestinian leaders while turning the other into outlaws. It is all bad news for Palestinians.

Meanwhile, the goodhearted people of the world will be drawn into a narrative of atrocity calculus. The criminality of all Palestinian resistance will be arranged alongside the criminality of a few Israeli bad apples. When all eyes see mounds of Palestinian dead, we will still have our thinking obfuscated. The victims will be made to seem the criminals. The ICC will turn up the volume of the conversation which avoids, at all costs, trying to examine the deep historical issues of justice, and instead yells stridently and chest-thumpingly about the criminality of the “bad guys”.

Meanwhile Israel’s leaders will exploit the empty threat of ICC prosecutions against them to deepen the sense of the whole world is hostile to Jews. Israelis and Western Zionists will be deafened to criticism of Israel’s crimes, slipping ever deeper into the lake of Kool-Aid beneath the mirror surface of which lies Oppositeland.

The ICC is nothing but bad news for Palestinians.

The ICC Will Only Hurt the Palestinian People, Part 1: Brer Bibi’s Briar Patch

Standard

Part 2

I was bred and born in the briar patch, Brer Fox,” he called. “Born and bred in the briar patch.”

And Brer Rabbit skipped away as merry as a cricket while Brer Fox ground his teeth in rage and went home. – “Brer Rabbit and the Tar Baby” retold by S.E. Schlosser.

I had hoped to be writing of his legacy, but sadly Binyamin Netanyahu is here to stay. Nevertheless, one thing is clear even from the flip-flopping Israeli premier, and that is his strenuous objection to Palestinian accession to the Rome Statute – the treaty governing the International Criminal Court. But all is not as it seems. The ICC is no real threat to Israel, nor its occupation, nor its illegal settlements and creeping annexation, nor the slow genocide of the Palestinian people. Bibi is playing the role of Brer Rabbit – “Please don’t throw us in the ICC briar patch” – safe in the knowledge that the only people likely to be hurt by ICC thorns are the Palestinians.

A Move Against Israel?

Both Hamas and the Palestinian Authority have supported Palestine signing the Rome Statute – a treaty which will make Palestine subject to the International Criminal Court (ICC). This is part of a tactic to establish statehood for Palestine be the establishment of de facto state credentials within multilateral institutions.

I am unsure what sort of fantasy land people inhabit, but supporters of Palestine seem, on this issue, to have decided that black is white and up is down. Their positivity relies on the potential for the ICC to become something which it currently is not, and the potential for Palestine to make use of this future development in some way which would currently be symbolic but somehow maybe might someday be more than symbolic in some manner that we cannot yet foresee. On the negative side of the equation we have the immediate reality that Palestinians are now subject to prosecution by the ICC and Israelis are not.

Just to make sure you get that: becoming signatories to the ICC means that Palestinians are subject to prosecution, not Israelis.

Yet Netanyahu and the US State Department are acting as if Palestinian accession to the Rome Statute were a move against Israel. It can only mean that Israeli and US leaders are deliberately objecting to the Palestine ICC membership as a way of giving credibility to a move which might otherwise greatly alarm supporters of Palestine. Netanyahu is trying to make us all think the the ICC briar patch is his greatest fear, but the ICC is certain to work against Palestinian interests. As I will detail below, the ICC is a tool of neocolonial oppression by design; it will embed a double standard which favours the powerful over the powerless in general, and Israel over Palestine in particular; it will fuel Israel’s self-justifying claims of persecution; and will continue the ongoing imperialist work of undermining the sovereignty of all nations which defy Western domination.

The (New) Scramble for Africa

The ICC throughout its existence has been a political tool of neocolonial oppression aimed specifically at the former colonies in sub-Saharan Africa. 60% of its funding comes from Britain, France, Germany, Italy and Spain, the former colonial powers in Africa. Naturally this gives them considerable control over the Court, but it is also under the direction of the United Nations Security Council (UNSC). Of the 5 permanent UNSC members two have themselves signed and ratified the Rome statute – the UK and France. Between them the British and French empires once ruled half of Africa, with Britain additionally exerting informal hegemony over other areas such as the Belgian Congo.

Normally even critics of the ICC acknowledge the “noble” sentiments and hopes with which the ICC was launched in 2002. I believe that to be a load of crap. The people behind the ICC are not noble at all. Anyone can fall to ignorance or false hope, but those actually involved are highly privileged elitists whose self-deception is only exceeded by self-righteousness, self-regard and self-congratulatory selfies. That may seem harsh, but my condemnation is not gratuitous, as I will explain later.

All 36 indictments issued by the ICC have been against Africans. People act as if its record thus far is some unfortunate aberration which will be rectified, but the politicisation is systemic. David Hoile has written an large comprehensive volume (Justice Denied: The Reality of the International Criminal Court) detailing things that are wrong with the ICC. I cannot do justice – so to speak – to this work, but here is a small sample from the introduction:

The court has claimed to be “economical”, yet it has cost close to a billion euros to conclude one deeply flawed trial. … The court has claimed to bring “swift justice” but it took several years to bring the first accused to trial for allegedly using child soldiers. … The court claims to be fighting impunity, yet it has afforded de facto impunity to several serial abusers of human rights who happen to be friends of the EU and the USA, and granted de jure immunity to non-member states such as the USA.

In the ICC, one has a court whose judges are appointed not because they are the best legal minds in the world, but because of squalid vote trading. Some are appointed because it is a cosy retirement job; some are washed-up politicians; some are diplomats; some use the court as a waiting room before greater things; others are appointed because their governments pay the ICC a lot of money; and some don’t even bother to show up for work because something better came along. We have judges making critical rulings on very difficult issues of law who have never been lawyers, let alone judges. We have judges who have pressed for legal indictments on the basis of what they have seen on CNN. We have judges who cite classical Greek mythology to justify prolonging Africa’s civil wars rather than to put peace before selectively retributive European law. We have judges who are political activists with little practical experience beyond abstract sloganising. And we have judges who have taught law in classrooms without any courtroom experience whatsoever.

The ICC has produced witnesses in several trials who recanted their testimony when in the witness box, admitting that they were coached by non-governmental organisations as to what false statements to make. We have seen prosecutorial decisions that should have ended any fair trial because they compromised the integrity of any subsequent process. We have seen trials stopped because of judicial decisions to add new charges halfway through proceedings. And most telling of all, the court brought into being in 2002 to punish the most serious crimes in the world, the most grave of which being waging a war of aggression, has consciously avoided meaningfully addressing aggression – managing to postpone any action for at least another decade. It has turned a blind eye to the invasion and occupation of both Iraq and Afghanistan by Western military forces.

It certainly can be argued that there are plenty of indictable people in Africa, but indictability is not guilt. We tend to think that prosecutions of African “war criminals” are justified by the inevitability of their guilt, but these are political actors, and politics distorts narratives. What is more, evidence of guilt seems far less relevant to ICC decisions than political concerns. In global terms the cases pursued are not in any way the most urgent in terms of the gravity of the accusations nor the weight of evidence. For example, though it is difficult to summarise, the situation with regard to Kenya makes it very clear that ICC personnel are willing to act with shameless disregard for real issues of justice.

After elections in 2007 Kenya was wracked with communal violence. An estimate 1300 people were killed. The loser of the election was Raila Odinga. He disputed the election and violence followed. Most of the victims were supporters of his opponent. Raila Odinga is the most prominently pro-Western leader in Kenya – a supporter of neoliberalism and foreign investment. It was very clearly Raila’s claims of election fraud which triggered the violence, and I will repeat here most of the victims were supporters of Raila’s opponent. Despite this, the ICC has charged members of both sides as they were at the time. The indicted are charged with being indirect co-conspirators by having organised networks in advance which committed ethnic violence and retaliatory ethnic violence. Raila is not charged with anything.

The narrative that ICC prosecutors are trying to present, then, is that each side had conspired to bring about these acts of violence beforehand. So, for example, Uhuru Kenyatta is accused of having met with others to conspire to commit violence, but the violence was triggered by his political enemy, initiated by followers of his political enemy and was mostly carried out against those perceived as his political supporters. He is alleged to have paid and directed members of the Mau Mau inspired Mungiki – an organised criminal militia/gang which is normally a bitter and deadly enemy of the government – to commit retaliatory violence after the anti-Kikuyu violence begun by the election result. He is alleged to have coordinated police actions to give Mungiki the freedom to carry out the violence. When the a pre-trial Judge summarise the allegations in his dissenting opinion, they sounded rather far-fetched. According to David Hiole, the original key witness against Uhuru recanted, reportedly in early 2009, leaving only those who corroborate a story told by someone who no longer claims it is true. Nothing in the remaining testimony in any way indicates what Uhuru Kenyatta might have hoped to gain by organising mass murder, rape and ethnic cleansing.

You might ask why Uhuru Kenyatta doesn’t just let the case go to trial, if it is so thin. One reason is that since being indicted Uhuru has been elected President of Kenya. It seems that a lot of people in Kenya were of the opinion that the ICC indictments were a political attack against opponents of Western interests and enemies of pro-Western Raila Odinga. Hoile quotes a Chatham House report suggesting that people believe that even the indicted political allies of Raila were, in fact, more rivals than allies. One defected and became Uhuru’s running mate in 2013 despite the ICC allegation that they were engaged in opposing conspiracies of ethnic violence. Both Western interference and the political nature of the ICC charges were more or less confirmed by the reaction of the EU and the US to the growing popularity of Uhuru in as the 2013 elections approached. Individually a number of EU nations threatened diplomatic and economic consequences should Kenyatta be elected. More jaw-dropping, though, was the extremely unsubtle threat that US Ambassador Johnnie Carson made in public by repeatedly telling the Kenyan people they faced “consequences” depending on the way they chose to vote in the election. This is from the representative of a country that passed the American Service-Members’ Protection Act for the explicit purpose of preventing its own citizens from being held accountable for their incredibly large numbers of easily proven war crimes.

The other reason that Uhuru Kenyatta might want to avoid a trial is the legendary slow pace of the ICC. Jean-Pierre Bemba has been in custody for 7 years and he has still never been convicted. Now information has surfaced that members of his defence team have been harassed and interfered with.

Remember that a criminal court is supposed to either prove guilt beyond a reasonable doubt or acquit. The ICC is supposed to afford a presumption of innocence before conviction. In what universe, then, is it considered just to imprison an accused man for 7 years whilst trying to cobble together enough evidence to secure a conviction? Bemba may not actually be innocent, but justice requires that he either be convicted in reasonable time or be released.

To summarise, ICC proponents might see themselves as shining white knights, but everything that the ICC has done thus far has been squalid and foul. Whether or not the given accused are guilty, these are show trials made into grotesque parody by the fact that the lead actors are too stupid to understand the role they are playing. The ICC is the progeny of the equally execrable pantomimes of power that occurred at the International Criminal Tribunals for the Former Yugoslavia (ICTY) and Rwanda (ICTR). You can read more about that here.

Embedding Double Standards and Injustice

I used to work at a stall in a local market that was occasionally frequented by the former Prime Minister of my country, the Right Honourable Geoffrey Palmer QC, and I have often fantasised about what I might say to him in the entirely plausible event that I am able to address him. It is possible that I would use rude words because Palmer was the Chair of the 2010 inquiry by the UN into the Mavi Marmara incident.

The “Palmer Report” was a travesty. As Richard Falk explained, Palmer was not particularly knowledgeable about either the international law of the sea or the law of war. And incredibly, the only other independent member of the Panel was Alvaro Uribe, the former President of Colombia, with no professional credentials relevant to the issues under consideration, and notorious both for his horrible human rights record while holding office and forging intimate ties with Israel by way of arms purchases and diplomatic cooperation that was acknowledged by ‘The Light Unto The Nations’ award given by the American Jewish Committee that should have been sufficient by itself to cast doubt on his suitability for this appointment. His presence on the panel compromised the integrity of the process, and made one wonder how could such an appointment can be explained, let alone justified.”

The Palmer Report found that Israel used excessive force, but that its blockade was legal. However, in point of fact it was not really an investigation but rather a PR exercise that was a predetermined endorsement of Israel’s blockade of Gaza in particular and its occupation of Palestine in general. The terms of reference excluded the overall legality of the occupation and thus made it inevitable that the blockade of Gaza, an intrinsic part of the occupation, would be deemed legal. By analogy, if a bank robber shot someone during a robbery you wouldn’t accept a plea of self-defence on the basis that the victim lunged and caused the robber genuine fear. You can’t refuse to examine the context of the greater crime and make reasonable judgements. The fact that the shooter is robbing the bank cannot be excluded from consideration.

Let us be quite clear, accepting Israel’s claimed right to intercept the Mavi Marmara is much more insane than accepting a self-defence plea from someone who murders a hostage in a bank robbery. For a start it would mean that Israeli officials had reasonable cause to believe that there were weapons aboard the vessel. But the flotilla of the Mavi Marmara was an extremely public action, not a weapons smuggling operation. Israel’s rationale for its blockade is self-defence, but it doesn’t show any way in which this is linked to the interception of the flotilla. Israel does make claims about small arms and “paramilitary equipment”, but they are less to justify the raid itself than to justify the deadly violence.

The fact is that Israel claimed that this was a deliberate provocation aiming at destroying the blockade, but if Israel’s justification of the blockade is self-defence it cannot claim the right to enforce the blockade against vessels which it does not suspect of carrying weapons shipments. As it happens Israel cannot even legally invoke self-defence until it has ended its occupation – another factor conveniently overlooked by top legal thinkers like Palmer. I have previously described the limits on self-defence claims:

Israel claims the right of self-defence, but what does Article 51 of the UN Charter actually authorise? “Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.” Well, the UNSC has indeed been apprised of this situation and has passed resolutions to restore international peace and security, but Israel will not comply with those resolutions. In order to claim the right of self-defence Israel would first have to relinquish all occupied territories, among other things. And that is a normal established understanding. An occupying force does not have a right to self-defence. Nor is it permissible to blockade a country and then “defend” against their armed resistance to that blockade. If these things were not true then you would have a situation where both sides can claim self-defence with each supposedly defending against the other’s defence.

The fact that Israel is using force to prevent humanitarian aid encapsulates the fact that the blockade is an illegitimate act of aggression which, in turn, gives legitimacy to armed resistance by Palestinians. You cannot judge the actions of any party in a conflict without examining the legal context of that conflict – or you end up spouting irrational victim-blaming nonsense like the Palmer Report.

Everything that applies to the Palmer Report in this regard also applies to the Goldstone Report. Law dealing with the legality of a conflict is called jus ad bellum, whilst law dealing with the legality of conduct during conflict is called jus in bello. By only dealing with jus in bello questions we end up in a morass of illogic, but we also inevitably privilege the most powerful party and the aggressor in any conflict as well as disadvantaging the party whose territory is the site of the conflict.

But jus ad bellum matters cannot be ignored. They are fundamental. People have a right to life and it does not just disappear because there is a war on. It is not legitimate to kill people in war, rather the illegitimacy and the criminal culpability are, all things being equal, located with the aggressor. The personnel that actually commit acts of violence are allowed to do so on two grounds, one is that there is reciprocal risk faced by belligerent personnel, and the other is that criminal responsibility for causing violent death and destruction lies with the aggressor.

This raises a side matter which is very relevant to the moral legitimacy of Israel’s state violence against Palestinians: Sebastian Kaempf argues that the moral legitimacy of the use of violence by combatants has been disintegrated by the asymmetry that exists in current warfare. The moral justification which allows a soldier to kill is based on reciprocal risk between belligerent personnel. One might argue that at least morally, and possibly legally, someone who is engaged in risk-free killing is not a “combatant” by any reasonable understanding of the term “combat”. A related legal question is whether UAV operators or even Special Forces personnel are entitled to “combatant privilege”, which is the legal basis for their violence and destruction. It was arguably stretched by powerful artillery and aircraft, but it is comprehensively broken by the one-sided and very low risk warfare engaged in by the US. This is especially so in the case of drones, but it is also true of helicopter gunships such as this one: or the Collateral Murder video; or the sequence at the end of Fallujah: The Hidden Massacre.

The technology allows US personnel to commit distant leisurely cold-blooded precision killing of people who have no chance of striking back and no chance of escape. Two of this videos show the deliberate murder of wounded people, but all of the victims here are effectively hors de combat. One might argue that these are war crimes on those grounds. Killing unarmed wounded people is definitely a war crime. Killing people on suspicion of being engaged in insurgent activity is murder in any respect. And when insurgents attempted to surrender to personnel in an Apache gunship, the crew were ordered to murder them an the ground that they were not allowed to surrender to airborne personnel – a crystal-clear example of a war crime.

Israel’s attacks on Palestinians fall into the same category. The moral justification for armed violence is destroyed by the disparity of risks, notwithstanding the number of fatalities sustained by the Israeli occupation forces. In addition the actual applications of force against alleged combatants become either arguably or inarguably criminal acts in and of themselves due to the incapacity of the victims. Also there is a prohibition on placing civilians at risk in order to reduce risk to your own personnel. We are aware of this with regard to the use of “human shields”, but it also applies to airstrikes which kill civilians in order to reduce risks to combatants.

Supreme Crime

The Nürnberg (Nuremberg) Tribunal ruled “to initiate a war of aggression…is not only an international crime; it is the supreme international crime, differing only from other war crimes in that it contains within itself the accumulated evil of the whole.” This suited the victorious Allies, of course, but it also means that the law relating to war can be reconciled with the fundamental right to life. Anything else would mean that when if anyone rich or powerful enough to start a war decides that their ends are best served by war, then ordinary people’s lives are simply forfeit – to be taken without any repercussions. Wars kill people therefore, unless you think that the powerful have the self-arrogated right to take lives “for reasons of state”, wars must be illegal.

People seem to think that war is somehow morally distanced from the individual acts of violence which occur in war. We seem to have forgotten the lessons learned from German aggression and we have slid back into voluntarily abdicating our morality in favour of allowing authorities to make such decisions for us. We just follow orders.

A case in point is the ruling by judge Anne Mactavish [sic] in Canada against the application for refugee status by US deserter Jeremy Hinzman. “An individual must be involved at the policy-making level to be culpable for a crime against peace … the ordinary foot soldier is not expected to make his or her own personal assessment as to the legality of a conflict,” Mactavish wrote in her 2006 decision. “Similarly, such an individual cannot be held criminally responsible for fighting in support of an illegal war, assuming that his or her personal war-time conduct is otherwise proper.” This is directly contrary to the spirit of two the Nuremberg principles. She is basically saying that she is happy if he is coerced into committing violent crimes because he himself will not be prosecuted.

If the war wasn’t clearly illegal Mactavish would probably have cited arguments for its legality rather than ruling that legality irrelevant. Iraqis have the legal right to resist aggression and occupation and those who do so have a right to life. Mactavish is revealing that she doesn’t really care about the deaths of Iraqi combatants. These combatants are innocent as much as any non-combatant is innocent. They are engaging in legally sanctioned armed resistance. They are human beings whose nervous systems transmit pain as much as a civilians; who feel the same fear and grief; and who will be mourned as deeply. As far as I can ascertain, at base the only reason Mactavish doesn’t take this view is that she is a disgusting racist who has embraced the dehumanisation of any Arab who resists Western power. You cannot think the way she does without being a racist bigot at some fundamental level.

Naturally, this all relates to the situation in Palestine. The UN Partition Plan of 1947 was of highly dubious legality under the UN Charter itself. The subsequent ethnic cleansing and confiscations of Palestinian property during the Nakba were crimes against humanity. The Israeli occupation of the remainder of Palestine in 1967 is very clearly illegal. UNSC resolutions 242, 338, 446 reaffirm the patent illegality. As mentioned above, under this circumstance Israel’s only legitimate form of self-defence, under UN Charter Art. 51, is to first comply with the UNSC resolutions and end the occupation. The continuing occupation involves continual armed violence as well as other acts which fit the category of acts of war – to the extent that the term still has meaning – or crimes against the peace.

What this means is that armed violence by Palestinian resistance fighters is legally legitimate. They have what is called “combatant privilege”. They are legally allowed to kill people within the limits of International Humanitarian Law (IHL). (This is the jus in bello component which makes it illegal for combatants to target non-combatants and other such things.) The “combatant privilege” allows combatants to legally kill – not because the lives of those they kill are not afforded any protection under the law, but because the criminal culpability for any killing lies with the aggressor, not the specific combatant who physically carries out the act of killing.

Combatant’s privilege, by the way, does not require that the combatant be a uniformed regular in a state military branch. The requirements are: “(1) operating under military command; (2) wearing a fixed distinctive sign (or uniform for regulars); (3) carrying arms openly; and most important, (4) conducting military operations consistently with the laws and customs of war.” State belligerents always deny the applicability of combatants privilege to non-state resistance forces. The German did for the “Resistance” in Western and Northern Europe as much as they did for the “Partisans” in Eastern and Southern Europe. The British denied combatant status to anti-colonial rebels like the“Mau Mau” and far too many others to mention. At the turn of the 20th century erstwhile allies of the US in Cuba and the Phillippines became unlawful combatants. So too did erstwhile allies in the fight against Fascism after the end of WWII in Greece, Viet Nam, Phillippines (again), Indonesia, Korea, and Malaya. More recently, of course, the US has famously declared many more of its enemies to be “unlawful combatants”.

Both in history and in our own times, the only reason to deny combatant status en masse is in order to commit war crimes. Those declared “unlawful combatants” are subject to torture and summary execution in every historical instance. For example, one might argue that ISIS/Daesh personnel are not legal combatants, but what would be the practical purpose? A robust moral stance would be to treat captives as prisoners of war until the cessation of hostilities. After hostilities have ended it would be possible to charge them as criminals using normal legal proceedings. The only other legitimate approach would be to treat each suspect as a criminal suspect from the outset and accord them rights, such as habeus corpus, on those grounds. The only reason for conflating the ideas of criminality and combatancy, as the US does, is as a way of denying and circumvention human rights in order to commit atrocities.

It is true that a combatant who deliberately disguises their combatant status by feigning non-combatancy forfeits combatant privilege as such, but that does not mean that one can simply deny the right of armed resistance to those who cannot form regular military units. If people have the right to self-defence from foreign aggression and occupation that means that they have the right to armed resistance. That cannot legitimately be restricted in such a way that prevents the victim of aggression from resisting because they do not have the material capacity to fulfill certain predetermined criteria.

The right for irregular guerrilla forces to be considered combatants has been established clearly and indisputably, albeit against the wishes of the late nineteenth century Western imperial “Great Powers”. The response by the “Great Powers” then or now is to accuse their weaker opponents of hiding behind civilians. Whether it was the Prussians accusing the franc-tireurs or colonial regimes such as the French in Alegria, such accusations serve a dual purpose. The first is to delegitimise the armed resistance in order to use judicial and extrajudicial acts of incarceration, torture, maiming and execution. The second is to legitimise their own attacks on civilians. This itself works on two levels: suggesting that military necessity (namely, legitimate attacks on armed targets) requires the targeting of civilians who become “collateral damage” in a legitimate military endeavour; but at the same time the second element is to produce a schizophrenic ideological discourse which destroys the distinction between combatant and non-combatant. This is a technique, or a symptom, of genocide. Violence is inflicted on the target population by blurring combatant and non-combatant status and creating in people’s minds the vision of a weaponised people. But don’t take my word for it, this is what Adolf Hitler said: “This partisan war has its advantages as well. It gives us the opportunity to stamp out everything that stands against us.”

Israel frequently claims that its enemies hide among civilians. This is an excuse for killing civilians, but they also know that they must continue at all costs maintaining the international consensus that armed actions by Palestinian formations (“militants”) do not have the foundational legitimacy of military operations. Ironically, however, it is powerful militarised states like Israel and the US whose personnel may not have legitimate combatant privilege. In a journal article that complements Sabastian Kaempf’s reasoning on reciprocity of risk, international law scholar Jens David Ohlin argues that whether uniformed or not both drone operators and special forces personnel do not meet the requirements of lawful combatancy. There is nothing that prevents this logic being applied to any personnel, including ordinary grunts, engaged in a mission which is not that of a lawful combatant. In refusing to treat enemies as combatants, powerful states are themselves increasingly embracing paradigms of violent force that are morally and legally equivalent to paramilitary death squad activity.

All of this is outside of the jurisdiction of the ICC. Aggression was one of the four types of crime outlined in the Rome Statute, but it was undefined and hence outside of consideration. An amendment addressing this will come into force in 2017, but it must be individually ratified by each state.

But even if they can prosecute the crime of aggression the entire setup will militate against justice and will always favour the powerful against the weak. Aggression will not now become the missing context, but will rather just be another potential crime for Third World citizens to be charged with. The very nature of this criminal court is to pluck certain selected villains from immense complex and multifariously criminal circumstances of mass violence and to charge them in isolation from the masses. Of necessity this will always be a political process, even more so than ad hoc tribunals. In theory ad hoc tribunals such as the ICTY or ICTR could treat all belligerent parties even-handedly. They don’t, of course, but the ICC cannot in any conception be even-handed in its approach.

With jurisdiction over nearly half of the world’s war crimes, crimes against humanity and genocides prosecutions by the ICC are inevitably political. These are show trials and they fuel the Hitler-of-the-Month-Club demonisation of Third World leaders that forms the backbone of Western interventionist propaganda. That is true of the entire process even if a case never goes to trial or if the defendant is acquitted.

Can you imagine how much mileage the US State Dept. and the Israeli hasbara (propaganda) agents would get out an ICC indictment for, say, Khaled Mashal from Hamas? They would milk it for all its worth and that would be to the detriment of every single Palestinian alive, even those who despise Mashal. The ICC will help Israel justify killing Palestinians because it will help replace the image of a people with the image of a single demon, and when you want to conduct a war against a people, which is to say genocide, it is very useful to convince your own people that you are fighting a single tyrant.

Israeli Impunity, Palestinian Punition

By practicing its pious “end of impunity” criminal prosecutions the ICC ignores the context questions such as which belligerent is the aggressor and who is a legal combatant. Instead, its real contextualisation comes from the politics of neocolonialism. Theoretically these questions should not have much impact on the question of guilt or innocence in war crimes. Jus in bello applies to all combatants, right?

Actually, not right. The Nürnberg Tribunal ruled that Russian partisans, as resistance to aggression, could not be tried for war crimes. This has been an issue right up until 2010 when Latvia successfully appealed a prior European Court of Human Rights ruling which had ruled against their conviction of a Soviet partisan for a 1944 war crime.

I am not going to argue that armies of “liberators” should be able to commit mass murder, mass rape and war crimes with impunity. The law must reflect basic principles such as legal equality – even to victims of “liberators”. International humanitarian law precedes the Nürnberg Tribunal and has been developed and elaborated since. As far as I am concerned the mass rapes committed by the Red Army in 1945 were war crimes and many of the “strategic bombing” missions undertaken by the Western Allies were acts of mass murder.

When you are dealing with forces of resistance not recognised as combatants by the aggressor/occupier, the moral situation changes. For one thing, to immunise them from war crimes prosecutions is not to grant them impunity. If they are adjudged unlawful combatants by the occupier, by nature the more powerful belligerent, they are subject to all of those judicial or extrajudicial hazards outlined above – incarceration, torture, maiming and death. They have no impunity and even their friends, family and community may be at risk from retaliation, collective punishment or the violent technologies employed in extrajudicial executions.

Failure to treat resistors as lawful combatants highlights a certain moral coherence to the idea that it is the aggressor/occupier that is culpable for their war crimes. Legitimate acts of resistance are treated as crimes by the occupier which effectively destroys the rule of law with regards to war crimes. That does not mean that they cannot be culpable for some criminal acts, but they did not create the circumstances which prompted them. A court cannot ethically judge them if it does not seek to prosecute those responsible for the aggression. In that sense the principle that aggression is the “supreme crime” makes considerable sense.

The culpability of the aggressor for the war crime committed by the resistor is actually morally greater than that of the resistor because it is unmitigated – the original act which created the circumstances of the resistors crime was itself a crime. Once again we can use the analogy of an armed bank robbery with hostages acting in lawful self-defence but committing acts which are themselves crimes. Deliberately killing the child of the hostage taker is a crime, but if the robber has already killed 10 hostages by that point, the circumstance have a considerable bearing. It would be completely wrong to charge a hostage with murder but refuse to charge the robbers or consider the circumstances in which the crime was committed as relevant.

In fact, it is possible to argue that killing a child was justified and a court would would then decide whether, in the circumstances, that was “reasonable”. (I personally don’t think that in the real world it is ever reasonable to kill a child, but if you want to find people who do think it is reasonable the best places to look are not where slavering terrorists strap bombs to little girls but places like the White House where killing children is routine practice and they simply state that “the price is worth it”.)

Not only are basic legal principles important, but there is at least one part of international law that is even more fundamental than IHL, and that is the UN Charter. The ICC relies on the UN Charter for its authority. So does the UNSC. The UN Charter is fundamental to the notion that there is a modern international state system in which there is international law. People have described it as the global “constitution”. This is of considerable relevance to Palestinians because the ICC process will not put alleged crimes in that context.

For example, if people have a right to self-defence, then they must practically be allowed to exercise that right. A case in point is rocket fire from Gaza. It is not so much argued as screeched by Israel and their supporters that the rockets fired by Gazan militants into Israel violate the principle of discrimination which requires that combatants distinguish between military and civilian targets.

I want to look at the rocket fire issue from a couple of angles, but first let me remind people that it is a real possibility that this alleged war crime might be the cause of prosecutions. In our Orwellian world where “freedom” quite literally means “slavery” – as in Operation Iraqi Freedom and Operation Enduring Freedom – “resistance” also means “aggression”. Everyone’s favourite Peace Prize-winning older and larger brother (Obama) said the following about rockets from Gaza: “…we strongly condemn the continuing rocket fire into Israel and the deliberate targeting of civilians by terrorist organizations in Gaza. No country can accept rocket fire aimed at civilians, and we support Israel’s right to defend itself against these vicious attacks.” He knows, of course, that the rockets from Gaza did not actually “target” civilians and that the real accusation is that they were not accurate enough to discriminate between targets as required by law.

Obama has used a simple two-step rhetorical technique to invert reality. First he turns allegedly indiscriminate rocket fire into “targeting civilians”, which provides a 90º angle. Second, he states that Israel has a “right to defend itself” which implies that it was Gazan militants who fired first (a lie) and obfuscates the nature of Israel’s actions over the long term. That provides another 90 degrees. Voilá, we have now turned 180 degrees to enter Oppositeland, where black is white and truth is lie. Obama can only do this because the news media are subservient vacuous apparatchiks, but it also shows that he and the US establishment are committed and implacable enemies of the Palestinian people. At a time when most of the world watched in horror as Gazans were mutilated and slaughtered by the hundreds, Obama chose to attack them. He gave arms to Israel in the middle of the slaughter so that they could kill more.

Take time to think about what that means. As children were being dismembered and incinerated every single day, this man, Obama, deliberately twists the facts in a calculated way to make the victims seem then perpetrators and the perpetrators seem as victims.

Meanwhile, in the UK David Cameron remained a staunch supporter of “oasis of freedom” Israel. He spouted exactly the same line as Obama even when members of his own caucus and cabinet objected. These are the most powerful Western leaders, and they are quite happily prepared to cold-bloodedly attack Palestinians during a time of intense suffering. They weren’t forced into it by the “Israel Lobby”; they are not scared of Netanyahu; they do not love Netanyahu. Nor does this have anything to do with party politics. Blair and Bush would have done the same, and they were from the putatively opposing parties. They do it because they are cold-blooded mass-murdering imperialists whose geostrategic ends are furthered by the deaths and suffering of Palestinians – just as they were furthered by the deaths of Salvadorans, Laotians, Indonesians, Koreans, Vietnamese, Guatemalans, Philipinos, Eritreans, Congolese and many many more.

Ask yourself what these Western leaders are going to do with the fact that Palestinians will be subject to ICC prosecution. What I foresee is that the next time Israel wishes to commit a genocidal slaughter in Gaza, Palestinian leaders will now “investigated” for their “crimes” no matter what they actually do or don’t do. The ICC brush will tar the entire Palestinian people and the Western public will be forced once again into a discussion which begins with the vehement declaration that Israel clearly must respond to the acts of militants. The result will be that the only allowable criticism of Israel will be to censure them for not making their attacks on the besieged overpopulated Gaza strip a bit less massacre-ish.

In summary, the most powerful Western leaders have shown that they will attack the Palestinians at every turn, even at the height of their suffering. The only thing that holds them back is the weight of public opinion, and the ICC will give them opportunities to shift sympathies away from Palestinians and to further obscure the basic rights and wrongs of the issue. The way Obama used and shamelessly twisted the issue of rocket fire illustrates the problem.

But what else could be learnt from the issue of Gazan militants firing what, by all accounts, were very basic rockets? What if I were to return to the bank robbery analogy? Gazan rocket fire is equivalent here to throwing paperweights in the direction of armed robber from behind a desk when children might be hurt. The robbers have already killed and can be expected to kill again. A moral or legal justification that this is a reasonable act of self-defence would require that the risk to innocents is outweighed, in the judgement of those throwing the paperweights, by the potential prevention of violence by the robbers.

One might argue that throwing paperweights in morally unacceptable because the throwers have no substantive grounds for believing that they will disable or deter the attacks but might just as easily aggravate them and increase their violence. That is a very nice argument against acts of violence that can hurt innocents, and it happens to be how I feel about rocket fire from Gaza. But no one, including the “end of impunity” bureautwats, can justify contemplating the morality and legality of the paperweight throwers until they have judged and punished the robbers for their crimes, which include murder.

Once again we are confronted with the fact that by isolating alleged war crimes from their context, ICC proceeding could promote injustice, enable crimes and embed impunity. We should ask, what sort of mad world is it when we judge the victim of an attack on the legality of their acts of self-defence, but we don’t judge the attacker? Gazans are imprisoned by two US client states, the number one and number two recipients of US military aid. Their lives are not as desperate as those of Warsaw Ghetto inmates, but the sickening comparison is impossible to avoid. If we interfere in any way with their ability to defend themselves, even with acts that would otherwise be criminal, we risk becoming the moral equivalents of those who deported Jewish refugees to Axis controlled Europe and near-certain death. An entrapped people are attacked by a superior power with weapons that kill, maim, traumatise, brutalise and immiserate. When we prevent defensive acts on the basis that they are prohibited in IHL, if we do not know for certain that our interference does not interfere with their ability to defend themselves then we risk becoming a party to acts of aggression. That is another reason that the idea, from the Nürnberg Tribunal, of making the aggressor culpable for the criminal acts of the collective victim actually makes sense in the overall scheme of things.

The Privilege of Power

Judging war crimes only by their conduct without the jus ad bellum context provides an obvious advantage to the aggressor. Usually the aggressor is the more powerful belligerent and they are more likely to retain the initiative, control the tempo of the conflict and be able to conduct operations away from their own territory, people and assets. The aggressor has all of the advantages and, all things being equal, for equivalent war aims they have a much greater ability to achieve their desires whilst constraining personnel within the letter of the law. In practice aggressors may commit many war crimes, but I am trying to point out that this is despite a real situational advantage. They commit prolific war crimes only because their war aims are more extreme and are often inherently brutal, criminal and genocidal.

But the ICC may choose to ignore war crimes altogether and yet still acts as a weapon against the people of Palestine. As we have seen when acting as a neocolonial tool against African countries like Kenya, the ICC has preferred charges of crimes against humanity. This too creates an inherent bias in favour of the powerful over the weak. The ICC is tasked with only taking on cases where the state in question is “unable or unwilling” to prosecute.

For those willing but “unable” to prosecute their own genocidaires, war criminals, or criminals against humanity, there is a mechanism called “self-referral”. Anyone who has studied the history of international relations would predict that no state ever would actually say that they have a criminal suspect who they would like to prosecute for crimes committed in their country but are so pathetic and useless we can’t actually hold our own trial and theye need better richer whiter people to do the job for them. Yet these “self-referrals” do occur. David Hoile explains the phenomenon thus:

“The myth of African self-referrals is just that. It is public knowledge that the ICC Prosecutor Luis Ocampo made the governments of Uganda and DR Congo an offer they could not refuse: refer your countries to the ICC and we will only investigate your rebels; refuse and we will indict you as well.”

If you are a strong enough country you can defy the ICC, but if you are an enemy of the West, that very defiance is a weapon to be used against you. But a strong state that is allied to the West like Israel? Quite aside from the fact that Israel has not only refused to ratify the Rome Statute but, like the US, has also repudiated the initial signing of the treaty. More than that, however, the US State Department is quite satisfied when Israel investigates its own alleged war crimes and apparently that is more important to global officialdom than either public opinion or mere facts.

For example, after Operation Cast Lead Israel convicted two low-ranking soldiers of using a child as a human shield. They received suspended sentences of three months. This should have provoked screams of outrage that this stage-managed ersatz justice was far worse that doing nothing. Instead, the media printed the “reasoned” and respectable criticisms of people like Sarit Michaeli of B’Tselem: “Although individual soldiers do bear responsibility if they have violated rules, this has to be accompanied by systematic examination of issues of policy – such as what constitutes a legitimate target, open fire regulations, types of weapons used and the targeting of public buildings. The main issues of concern that we have raised have not been dealt with.” In other words, forget slavering passionately about evil “war criminals” (as we do about African suspects) these soldiers have quite correctly been disciplined for having “violated rules”, but we should also tweak Israeli policy somewhat. An incoherent scream of rage is actually a more coherent response than that.

To criticise the manner in which Israel judges its own actions normalises the idea that Israel should be left to police its own war crimes. People also seem to accept the idea that it is right for the US and the UK to choose who, if anyone, will be held accountable even when the crimes are committed in other countries. These countries then use the selective prosecutions of low-ranking personnel to create a false image of lawfulness.

Worse still, Israel has used the fact that it went through a judicial sham and conducted some supposed investigations to further criticise Hamas because they haven’t conducted their own prosecutions. This is another two-step inversion of reality. First, you get people to accept the idea that there is some moral equivalence in the illicit acts of aggressor and resistance forces – twisting the first 90º – then you get them to accept that your abysmally deficient scapegoating of junior personnel is some sort of robust corrective. After these two simple steps you hand rotated into Oppositeland and you may now safely blame and demonise the victim of your mass murder.

And when we envision the future impact of the ICC regime on Palestine we must not, under any circumstance, fail to take into account the power of the political discourse which seeks to make enemy states into appendages of a near omnipotent villainous leader. Every crime committed by personnel from a state deemed inimical to the West is blamed directly on the leader of that country. Bashar al-Assad drops barrel bombs on civilians; Omar Bashir commits genocide; Muammer Ghadaffi even committed the massacre of political prisoners in one of his prisons. Theirs are the fingers on the triggers.

Ordinary people may likewise think that Donald Rumsfeld should been tried for torture, or Tony Blair for crimes against peace, or Ariel Sharon for mass murder, or Henry Kissinger for genocide. People in officialdom, however, claim to have a superior understanding of politics and power and are ever willing to concede limits to justice where powerful Westerners are concerned.

Convicting a couple of rather amateur torturers from Abu Ghraib and a few Blackwater murderers makes the US feel like it is superior, lawful, legitimate and civilised. US political and military leaders go free and the bureaupratts, security geeks and self-described “wonks” sneer at the inferiority of those who don’t accept a priori that Western leaders are untouchable. With regard to Third World enemy states it is the exact opposite. These same “wonks” now salivate with strident bloodlust. Justice is now an absolute and they can never compromise. The snide bespectacled weeds are now transformed into blood-drenched muscular Conan-esque warriors meting out righteous violence. They cheered when Osama bin Laden was supposedly killed: “We’re number One!” They howled in triumph when Ghaddafi died in the most grotesquely cruel manner and Clinton crowed: “We came. We Saw. He died.”

Part 2

An Open Letter to an IDF Apologist at the BBC

Standard

Ironic pic of Orwell at Big Brother Corp

After 10 years as a business reporter, Anthony Reuben is now the BBC News inaugural “Head of Statistics”. True to the spirit of 1984 he seems to take his role as being to remind people of such numerical truths as “2 + 2 = 5 fanatical Islamist terrorist Hamas militants”. In a report on what the statistics tell us about the recent fatalities in Gaza, he highlights the fact that a disproportionate number of young men are being killed. Another BBC report on Gaza casualties is quite shocking, but its impact is diminished by a link to Reuben’s article with the words “If the Israeli attacks have been ‘indiscriminate’, as the UN Human Rights Council says, it is hard to work out why they have killed so many more civilian men than women”

Someone else has already written an email to Reuben which is posted at the Media Lens message board. It covers some of the territory that I have, but I felt that I needed to add a few things in a missive of my own. I got a little bit carried away, but the result is heartfelt…

To Anthony Reuben,

I have to ask, just what sort of statistician are you? Surely one of the fundamental tenets in statistical thought is that correlation does not imply causation, yet without the implicit unsupported claim that a gender imbalance in fatalities indicates IDF discrimination, your article has no purpose.

When I write “no purpose” I really mean “no legitimate purpose”. It is a great propaganda point for Israel to use the deaths of “military aged males” to imply military legitimacy in their violence. Your work certainly goes a long way to helping the IDF promote its narrative. This means that you are helping them, and I hope you realise that you are therefore complicit in their actions.

Need I remind you that Srebrenica was primarily a massacre of “military-aged males” and that those who committed that genocidal act used the same excuse as the IDF? By itself that destroys the tacit premise of your article unless you also consider Srebrenica to be a legitimate military action. The fact is that it is normal that adult male civilians are targeted and murdered at far higher rates than women and children. There are a number of reasons why this is the case, including the psychology of those committing the murders. Military personnel find it easier to kill adult male civilians than others. Additionally, apologists such as yourself find it easier to muddy the waters over war crimes.

You breezily dismiss the issue of gender disparity in war casualties from other conflicts: “There has been some research suggesting that men in general are more likely to die in conflict than women, although no typical ratio is given.” With a flourish of misdirection, which seems to come naturally to the hack and the junk-merchant, you induce the reader to think that nothing of relevance is contained in the paper which you link to. You let people know that you have read it, but it really has nothing to illuminate the issue. However, the paper does establish that although there is a great deal of variation between conflicts, there is undeniable precedent for far greater numbers of male than female civilians being killed directly in conflicts. In other words, if you were half the statistician you claim, you would recognise that a disproportionate death rate amongst Gazan men is no evidence that more armed militants have been killed than Hamas claims, is not evidence that the IDF is practicing discrimination, and is not evidence that the IDF does not target civilians.

Moreover, the paper you cite is in itself too narrow in scope for the purposes of your article. There is relevant historical evidence which is denied by no one. Not one person who knows anything about the subject denies that there is a long standing practice of killing adult male civilians. It seems to be as old as human mass violence, and it is certainly as old as the phenomena we understand as war and genocide. It is a practice which falls under the category now given as “gendercide”. Like mass rape, the tactic of the mass killing of men is not merely aimed at the immediate victims, but is a genocidal tactic aimed at social cohesion. In a patriarchal society and/or one with high numbers of dependent children, the impact of killing a “military age male” – which is to say a “working age male” – is multiplied.

But perhaps the most important propaganda role you are playing is to access that moral and emotional numbness with which we have all been induced to view violence against young men. I have read many accounts of violence, and I will admit that the images that haunt me are those of violence against children. Yet I can also say that those who are close to the violent deaths of men do not view it with the equanimity that our public discourse accords the subject. These are human beings who love and are loved. They feel as much fear, pain, grief and guilt as anyone other human being in their last moments, whether they carry a gun or not. We project on to these dying men a sense that they are agents in their own deaths, as if war were some sort of shoot-out at high noon where every male carries a sixgun. The emphasis on “women and children” is an impulse of armchair humanitarianism by the insipid and the self-righteous.

Perhaps, to understand my point, you could watch and rewatch the video posted here of a young man being murdered by an Israeli sniper. Watch it and ask yourself, “what does my article say about this man’s death”? This is the death of a 20-29 year-old male, so if your article isn’t about this, then what on Earth is it about? I mean that seriously. Your holier-than-thou detached statistical conceits actually say nothing at all about the horrible death of this man except to suggest that somehow it doesn’t really count.

You are also making a big straw man out of the UN accusation of indiscriminate and disproportionate use of force. The real question is the systematic targeting of non-combatants. To date, Israel has targeted 7 UN schools being used as shelters. Fleeing civilians have also been targeted, as have rescue workers and UN personnel. This is based on 3rd party evidence and, quite frankly, only an idiot would give any credence to the IDF’s response to these accusations unless they were subject to cross-examination or were able to provide substantive evidence to back their claims.

But not only do you give unwarranted credence to IDF distortions, you are too lazy, stupid or evil to even check on the veracity of blatant lies. You quote an IDF spokesperson on the subject of Operation Cast Lead: “Hamas and Gaza-based organisations claimed that only 50 combatants were killed, admitting years later the number was between 600-700, a figure nearly identical to the figure claimed by the IDF.” This is a double lie. Firstly, I wouldn’t think it would be too much to expect a BBC reporter to look up what the BBC itself reported about claimed casualties after OCL: “Hamas has said 48 of its fighters were killed. The Popular Resistance Committee says 34 died and Islamic Jihad said it lost 38 men.” Hamas not claiming only 50 combatants killed, it is claiming that only 50 of its combatants were killed. Lie number two, just as easy to sort out by an internet search, is that Hamas or “Gaza-based organisations” have “admitted” to a figure of 600-700. No they haven’t. You are either wilfully being played for a fool, or you are deliberately deceiving your readers.

You also repeat that Israeli claim given exposure by your colleague back in 2009 – that “when militants are brought to hospitals, they are brought in civilian clothing, obscuring terrorist affiliations”. I love this one because you have to be a moron to believe it, but also at least a bit of a racist. There are really two options here, one is that when combat breaks out Gazan militants change into civvies on the rather Pythonesque logic that they will make the evil Zionists pay by seeking matyrdom in mufti [sic]. The other possibility is that these hate-filled fanatic terrorists are so rabid, so irrationally rational, so innately cunning and conniving, that when their comrades are wounded or killed their first response is to give them a change of clothing – presumably remembering to tear, incise and or burn the clothing so that it matches the flesh beneath. Hamas probably has special units of crack combat-tailors giving makeovers to the dead and dying. While they are working I imagine that the legions of Pallywood specialists are digitally altering stock footage and stills so that every rabid mass-murdering terrorist arrives at the morgue with pictures and video of their tender family life of caring for young children and sickly elders.

Your fatuous hypothesis is that the disproportionate fatalities of young males suggests that Israel is only accidentally killing civilians in the legitimate pursuit of “terrorists”, and that the IDF, in fact, is practicing discrimination. This is based on four things – ignorance, stupidity, self-satisfied arrogance and the blatant lies of an IDF spokesperson. By privileging statistical evidence as being of a higher order than mere anecdote you manage to suggest that the evidence of our eyes themselves is somehow suspect. This is vulgar scientism. The fact is that a single anecdote can sometimes destroy a statistical hypothesis. The different sorts of evidence provide different sorts of information, one is not inherently better at revealing an objective truth. Statistical methods are frequently abused to create distorted pictures. Statistics provided by belligerents about their own actions are more or less worthless anyway, but sometimes it is perfectly valid to dismiss a statistical account on the basis that it diverges far too much from the collected reliable anecdotes. For example, US figures on civilian deaths in the second assault on Fallujah are risible. Anyone who actually followed the eyewitness accounts of what was occurring at the time knows that these “statistics” are worthless. We know from accounts of US personnel that dead civilians were simply labelled “insurgents”. It is an old practice, perhaps best known from Indochina where it was referred to as the “mere gook rule”.

The “mere gook rule” was elucidated as being “if it’s Vietnamese and dead, then its VC”. The reasons for this were many and varied. People often cleave to the cliché vision of ambitious officers trying to outdo each other by claiming everything conceivable as a kill. Behind that, however, were far more important systemic causes. We do not talk about such things in polite society, but the fact is that the US war machine systematically targeted civilians on the basis that being in a certain location made you a legitimate target deserving of death. They overtly wanted to attack the civilian population in NLF controlled areas on the basis that they were VC “infrastructure”. But to do so they actually redefined them as being combatants. Hence William Westmoreland, that charming man, was able to confidently proclaim that no civilian had ever been killed in a free-fire zone, because he had defined free-fire zones as places where no people were civilians. So when William Calley described his reason for killing women as being because they had “about a thousand little VC” in them, he was actually just expressing official US doctrine.

I feel that I must point out here, in case there is any confusion, that contrary to what seems to be broadly taken as true at the BBC, powerful officials do not actually define reality. I know that this is hard for you to understand, but just because a US General says that the victims of bombing and shelling were all combatants, including the children, it does not make it true. There is a legal definition of “combatant” and international humanitarian law doesn’t actually rely on an honour system where the perpetrator owns up for any acts of naughtiness (and that includes Israel’s activities in Gaza). The Nuremburg Trials, for example, did not consist of a series of cleverly posed questions designed to trap German leaders into admitting that they had started a war and killed civilians. But while we are on that subject, it is always important to remember that every act of mass violence by the Germans was defined by them as an act of war against the “enemy” who were sometimes defined as being a “terrorist population”.

If a normal conscientious human being wrote an article about the gender and age characteristics of fatalities in Gaza, they might at least mention the very prominent fact that the US is now applying a gender and age specific version of the “mere gook rule”. Perhaps you have been sequestered under a rock for the last few years, but there has been significant mention in the news that the US automatically defines anyone killed in their targeted killings who is a military age male as being a “militant” until proven otherwise. “Militant” is such a great word as well because it gives people the impression of legitimacy, but it does not actually specify that the targets were combatants. A study of Israeli targeted killings some years ago found not only that they killed four times as many bystanders as targets, but also that 50% of the “militants” they targeted weren’t actually part of any armed activities. These militants were community organisers, political organisers and union organisers – you know, “infrastructure”.

To recap, then: a military aged male is not necessarily a combatant, but they are frequently targeted as such. This is known as gendercide. Targeting civilians in this way is often accompanied with official semantic approaches which seek to legitimate the targeting of civilians, but by nature any repudiation of legal definitions is in itself a war crime constituted necessarily of the systematic targeting of civilians.

Given everything we see of IDF personnel murdering helpless civilians, what seem to be targeted attacks on medical and aid workers – including UN personnel – and what seem to be deliberate attacks on UN facilities being used as shelters by displaced people, only an Orwellian freak could possibly go along with the idea that the UNHRC’s accusation of indiscriminate use of force is the real issue. Nor is the systematic targeting of civilians even the worst crime on evidence here. Israel is quite blatantly committing genocide as it is defined in law in the United Nations Convention on the Prevention and Punishment of the Crime of Genocide (UNCG), and under the UN Charter it is guilty of criminal aggression. Genocide is considered an “aggravated crime against humanity” which parties to the UNCG are obliged to act to end, whilst aggression was defined at Nuremburg as the “supreme crime”.

I bet you think you know what the word “genocide” means. I bet that deep down in your guts you know that it was never meant to describe the way Israel treats Palestinians. You probably can’t exactly say what genocide means, but you understand its essence and you know that it is offensive and obscene to cheapen the memory of the dead by debasing the coinage with such politicised accusations. Save your indignant spluttering. The legal definition of genocide is quite clear and taking actions aimed at destroying “in whole or in part” the Palestinian people is genocide by definition. The expectation that genocide should always be manifested as a discreet orgy of violence is a vulgar misapprehension. Genocide is frequently a long process of sporadic, chronic violence in the midst of ongoing persecution. In fact, the slow nature of the Israeli genocide is what makes it so much less ambiguous or uncertain than most other genocides. The rhetoric, the strategic imperatives, the tactic, the doctrines and the policies in this case all align to make this an open-and-shut case with none of the usual difficult issues of intentionality. The Kuala Lumpur War Crimes Tribunal not only found Israel guilty of the crime of genocide, but also found several named living Israeli officials guilty of genocide.

I know what you are thinking – you are thinking that the KLWCT is “political” and is motivated by “politics”. Let’s deconstruct that, shall we? In your twisted little world there is nothing “political” about the ICC which is an official body that just happens to spend almost all of its time prosecuting sub-Saharan African leaders who have angered the the US. Are these the worst war criminals in the world? No. Are they the worst war criminals in sub-Saharan Africa? No, not that either, certainly not on the basis of the numbers of victims killed. Apart from one token M-23 guy thrown to the dogs for the sake of appearances, the real crime of these people was that of defying Washington. The ICC, however, is “official”. In your grubby little corner of Oceania this means that it is not “political”. In the same idiom the US is an “honest broker” and John Kerry is a “credible authority”. In the real world, however, despite the involvement of Malaysian political figures, the KLWCT is constituted of independent scholarly and legal experts whose collective interest in the matter of Palestine is purely that of human beings who seek an end to injustice and suffering.

(Have you ever wondered about that? The way in which the pompous organs of the media reverse reality to say that the people who don’t have a vested interest are the suspect “political” voices, but the people who have immense power and money riding on the outcomes of events are considered at least respectable if not authoritative?)

The law may not be perfect, but often the fact that it is a codified standard which can be applied equally to each party is highly illuminating. Admittedly, by the time it reaches a court, international law is generally a selective disproportionate application of what amounts to victor’s justice. But we can independently examine issues in a legal light to get a good view of ethical dimensions of a situation. The question is this, in this instance who is the aggressor and who has the right of self-defence?

Israel claims the right of self-defence but what does Article 51 of the UN Charter actually authorise? “Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.” Well, the UNSC has indeed been apprised of this situation and has passed resolutions to restore international peace and security, but Israel will not comply with those resolutions. In order to claim the right of self-defence Israel would first have to relinquish all occupied territories, among other things. And that is a normal established understanding. An occupying force does not have a right to self-defence. Nor is it permissible to blockade a country and then “defend” against their armed resistance to that blockade. If these things were not true then you would have a situation where both sides can claim self-defence with each supposedly defending against the other’s defence.

I know that it is heretical to even think such thoughts, but what if we spent as much time talking about Palestinian rights to self-defence as we do about the non-existent Israeli right to self-defence? When you actually apply international law, Palestinians have every right to use the arms that are available to them in resistance. They are the ones subject to occupation. Israel and its allies have used the statelessness of Palestinians to obfuscate their right to self-defence, but in law you cannot deny rights to individuals on the basis of statelessness which means that they have “the inherent right of individual or collective self-defence” until such time as the UNSC restores peace.

That brings me to something that I find almost as upsetting as seeing the bodies of children killed by “the most moral army in the world”. Those who take up arms against Israel are not legally or morally deserving of death. Most of them will have lost loved ones to Israeli violence. Every one of them suffers under the illegal oppression of the occupation. Deciding to fight back with arms is not some irrational fanatical decision. Yet in our media these men are treated as violent irrational ciphers in a way which both draws on and perpetuates a racist conception of Arab men. Nobody ever puts a human face on these fighters. They are tarred with the brush of Islamism, with its heavy freight of misogynistic savagery, but many of them aren’t even Islamists and those that are have not committed the sort of atrocities which Westerners claim come naturally to Islamists. We should at least remember who is and who isn’t killing babies here – that is not too much to ask is it? It is the IDF who are committing atrocities, and those who take up arms against them have the legal right to do so. They also have the right to life. They don’t enjoy dying, as the British used to claim about Arab tribesmen. They don’t eagerly seek martyrdom. Like isn’t “cheap” to them, as Westmoreland said of “Asiatics”. Those tropes are the worst kind of vicious racism. These fighters are human beings, and their deaths are legally and morally acts of murder.

Surely this doesn’t mean that Hamas can just fire thousands of rockets into Israel killing civilians, does it? Well, actually it does. Killing civilians is illegal, but the responsibility and culpability belongs with Israel’s leadership under the current circumstances. At Nuremburg it was adjudicated that Russian partisans could not be criminally responsible for atrocities carried out because they were in turn responding to the war crimes of the aggressor. Some argue that this Nuremburg precedent seems to give carte blanche to members of any attacked group. Perhaps jus in bello law must be equally applied to all parties no matter what, as a principle of equality under the law. But even if you take that position, was Kenneth Roth of HRW right to assiduously condemn Hamas’s indiscriminate rocket fire when he recently discussed war crimes in Gaza? No. Roth is just being a scumbag. He is either acting as a propaganda agent to deliberately build a false equivalence, or he cares more about pandering and sounding “credible” than he cares for truth and justice.

Let me put this into some sort of perspective. It is, quite frankly ridiculous and wildly disproportionate to even suggest that we need to take steps over the supposed illegality of using insufficiently discriminating arms by factions in a besieged population when the harm to civilians is so much less that that caused to the civilians of the besieged population. Gaza’s rockets and mortars have killed 28 civilians in the last 13 years. [And don’t give me any crap about the wondrous “Iron Dome” – it didn’t even exist for most of that time and Theodor Postol has calculated that it does not work. It is a horrendously expensive PR ploy to maintain the deception that there is some sort of parity between Israeli and Palestinian violence.] Not only would it be a de facto abrogation of the Palestinian right to self-defence to restrict the weapons allowed to those that can only reach the enemy when the enemy chooses to come within range. Moreover, it is another point of law that you cannot accuse someone of a crime when you are also guilty of that crime. If Palestinian rockets and mortars are illegal then so are Israeli rockets and mortars – which kill more people. They share exactly the same properties of being inherently indiscriminate, as do air and ground artillery munitions. There is no qualitative difference between these inaccurate primitive rockets and any other explosives used around civilian populations except that they are a lot less deadly than most. This twisted and sick idea shared between Israel an the US that they can effectively exculpate themselves by saying – “yes, we kill more civilians, but we do it more accurately” is appalling.

The point is, though, not to say that Israel can’t accuse militants in Gaza of war crimes, but to say that none of us can. How can we, in countries that have shelled and bombed and killed so many, accuse Palestinian militants of anything? How could anyone from the US claim that Palestinian munitions are insufficiently precise and discriminating when their own government uses depleted uranium, cluster munitions, napalm, fuel-air bombs, white phosphorous, etc., etc., etc., ad nauseam. The very idea that any Westerner can level war crimes accusations at an desperately poor and ill-armed besieged people for using the only primitive weapons with which they can reach their attacker is sickening and obscene.

I don’t like the rocket attacks. I don’t think Israeli civilians deserve death. But as Osama Hamdan pointed out, when they stop firing rockets, it doesn’t stop Israel from killing and blockading their people. How long do you sit doing nothing while people are killed and while the land, the little strip of a prison, gets ever closer to becoming irreversibly uninhabitable. (There is the Zionist genocidal intent – a realist’s Eretz Israel with a non-citizen Palestinian helots living in controlled West Bank enclaves, while Gaza is a post-apocalyptic pile of polluted rubble.)

If you have actually read this far, you might be marshalling answers with your little weasel brain. Please don’t bother. To put it politely, this letter is in the spirit of a condemnatory open letter. To put it more honestly, I don’t care what a toxic freak like you has to say in his defence. For forty years the dissident voices of our society have taken on this crippling notion that we should “engage” people in “dialogue”, as if our goal is to show people like you the error of your ways. But even engaging someone like you is to give validity to your insane world-view. What sort of callous freak actually goes out of their way to throw condemnations of IDF actions in Gaza into question? Do you wake up in the morning and think, “I know what the world needs, it needs more geeky smug reasons for not having to feel compassion and the desire to end suffering”?

So, frankly, I don’t care what you have to say for yourself. I just want you to know that you are hated. A person half a world away, who is very well educated about the issues involved, hates you for the simple reason that you are the enemy of humanity and your work promotes the suffering of innocents.

All the best for you and your hack friends in your future self-congratulatory endeavours,

Kieran Kelly

 

Rwanda: Western Guilt and Hypocrisy, the Misuse of Genocide and Genocide Denial

Standard

“They killed Habyarimana because they knew he was the only one who could stop the Hutus from killing Tutsis. That is why, every day, I say that: the genocide was not planned by Hutus, it was planned by Tutsis: it was planned by the RPF. Even after the Interahamwe killed my wife, even after all the horrible things that have happened to me, I believe the Tutsis created the genocide. And for me it was a war between brothers: the Hutus had an army and the Tutsis had an army and there was fighting at every level.”i

 

Rwanda has a special place in genocide scholarship as one of only three acknowledged paradigmatic examples (the others being the Shoah and the Armenian holocaust). Vahakn Dadrian refers to ‘the three principle genocides’;ii Jones refers to three ‘“classic” genocides’;iii Levene calls them the ‘prototypical examples’.ivYet one would not normally expect a survivor of a ‘classic’ and ‘prototypical’ genocide to say that the planners of the genocide were the enemies of those who actually carried out the genocide. In what other case would a victim make that claim?

Kigali_Memorial_Centre_5

The narrative known by most Westerners is deliberately and pointedly distorted. Every fatuous overprivileged liberal hack will, as if by compulsion cite the racial slur inyenzi (cockroaches). The infamous Radio Mille Collines told people to kill the inyenzi. But somehow everyone neglects to mention that this was the name adopted by Tutsi guerillas for themselves in the 1960s. They called themselves cockroaches in reference to their own ineradicability. So this idea that this radio station simply called Tutsi vermin is actually a lie. That summarises their approach quite well. They try to shape the events into something as closely resembling the Shoah as possible by elision and miscontextualisation while attacking those who overstep the line as deniers. I am not going to excuse the actions of mass murderers or of propagandists at Radio Milles Collines who fomented violence against innocents, but the fears and instability without which these crimes would not have occurred were themselves fomented by Paul Kagame’s Rwandan Patriotic Army (RPA) and his Western backers. The violence of the “100 Days” was preceded by violence and it was followed by violence and further genocide.

We are meant to believe that some unexplained racial hatred simply exploded as if randomly, but the hatred and fear were the results of actual events not primitive tribalism. After the RPA invasion Rwanda’s Juvenal Habyarimana, who had many Tutsi friends and had appointed many as colleagues, increased racial tension as a way of using the threat of massacres as a bargaining chip with the Rwandan Patriotic Front (RPF).v As will be shown this was as tragic as it was ruthless, because the equally, or more, ruthless RPF knew that their only path to power lay over a mountain of corpses of their fellow Tutsivi – showing that the chauvinist Tutsi ideology which many of their number openly espousedvii was equally contingent. Ultimately, as with other genocides, the victims of this genocide were not victims of blind hatred, but victims of political machinations which fostered and harnessed hatred, and much of that was emanating from Washington DC.

As Hitler analogies and Munich analogies wear out from overuse, ‘genocide’ has become the keystone accusation in a new discourse of ‘humanitarian intervention’. A ‘Rwanda analogy’ on the dangers of inaction has replaced the ‘Munich analogy’ on appeasement. Of course, many historians will point out that, against the wills of their own peoples, the US and UK governments did a great deal more than to merely ‘appease’ Hitler,viii and similarly it is not US inaction, but rather the fact that the Clinton administration enforced inaction on others which became their most noted contribution to slaughter which occurred in Rwanda.ix So having prevented others from intervening to stop one of the greatest slaughters in history, the US begins an elaborate hand-wringing exercise in order to give itself license to intervene wherever else it likes. The resulting discourse of ‘humanitarian intervention’ and ‘responsibility to protect’ (or ‘R2P’x) is a direct attack on norms of state sovereignty which offer some protection for weak states against strong states.

The Rwanda genocide was significant and dramatic. In terms of human suffering it should rightly be remembered as one of the most horrific events of its time. But like the Democratic Kampuchea autogenocide before it, it was so unusual as to be patently useless as any form of paradigmatic model. In fact, it is probably no coincidence that atypical genocides are such a focus, and that it is they that have become fodder for the Hollywood vision of genocide. What happened in Rwanda has no parallels. The Shoah has been described as a “uniquely unique genocide” but it can be understood as having typical characteristics taken to atypical extremes, but the Rwanda genocide not in ferocity but in complexity and confusion. The Anglophone world has created a mythological Rwandan Holocaust with cartoon villains, victims and heroes. The US, in particular, wrings its hands over its inaction, but deliberate US actions played a significant role in causing the violence that took so many lives.

Of late the orthodox or as genocide scholar René Lemarchand would have it, the ‘politically correct’) interpretation Rwandan history has been brought into question in broader circles than previously. Recent elections have highlighted the questionable use of the criminal charges of genocide denial, most notably when leading opposition figure Victoire Ingabire was charged with ‘association with a terrorist group; propagating genocide ideology; negationism and ethnic divisionism.’ A month later, the lawyer who flew from the US to defend her was arrested and later proffered charges which included ‘denying and downplaying genocide through his publications and conferences,’ and ‘spreading rumours that are capable of threatening the security of the Rwandan people.’xi Late last year she was sentenced to 15 years in prison. A leaked draft of a UN report claims that if proven in court, actions testified to by victims of Rwandan forces in Congo/Zaire would constitute genocide.xii And perhaps most telling of all, Tony Blair has posted an opinion piece in the Guardian praising Rwanda as a “beacon of hope”. I am not being flippant when I say that praise from Blair, a personal associate of fellow war criminal Paul Kagame, should be read as an admission of oppression and injustice.

There is some acknowledgement in the literature that Rwanda was an unusual case of genocide in that there was genuine fear amongst the perpetrators. There is even a significant article in the Journal of Genocide Research supporting the survivor testimony above to the effect that the Rwandan Patriotic Front (RPF) provoked genocide.xiii In another article René Lemarchand writes: ‘To put it baldly: Jews did not invade Germany with the massive military and logistical support of a neighboring state….’xiv But to extend the analogy, this was a genocide in which Jews were massacring Germans, in which Himmler was born a Jew, in which Hitler had Jews in his cabinet and as close friends, and in which the most celebrated rescue of Jews was carried out, in part, by the Wehrmacht. All of these factors tend to be elided in the orthodox literature, and the only reasonably contextualised narrative is found in the writings of those who are, more or less, deniers of genocide. I don’t agree with the genocide deniers, to me they are ignoring the elephant in the room, which is to say the ample evidence that there was a dramatic mass-murder of Tutsi as such in Rwanda which constitutes one of the most deadly genocides of history. Those who support the orthodox interpretation, on the other hand, deny the existence of any sort of room and call the elephant a camel.

 

The Genocide: Some Questions and Answers.

Former UN special rapporteur on genocide Keith Harmon Snow, in an article that won him the a Project Censored award for suppressed is news, writes, ‘Hundreds of thousands of people were killed, that’s clear. There was large-scale butchery of Tutsis. And Hutus. Children and old women were killed. There was mass rape. There were many acts of genocide. But was it genocide or civil war?’xv There are two things to consider here: First, should the events of 1994 be referred to as a genocide or as a civil war in which a genocide occurred? Second, were there mutual genocides of Hutu and Tutsi in 1994, in short a ‘double genocide’?

In the first instance, I believe any given set of events should only be characterised as a genocide if the majority of victims are victims of genocide. In this case, there are simply no trustworthy sources available to make that determination. For example, in ‘testing the double genocide thesis’ Philip Verwimp finds from household sampling that 79 of 138 deaths in 1994 (57.2%) were Tutsi.xvi Given that Tutsi represented only 8.4% of the sample (which, interestingly enough, is exactly the percentage of Tutsi in the 1991 census),xvii this certainly proves genocide. The problems with this are that the sampling is from central and southern Rwanda and that it avoids any killing before 1994. Verwimp admits on both counts that this avoids counting the victims of RPF massacres, but explains that ‘very few scholars will use the word genocide to describe the killings committed by the RPF before, during, and after 1994.’xviii So far from actually ‘testing the double genocide thesis’ Verwimp actually makes an a priori exclusion of the possibility. In terms of the problem of whether the bulk of those killed in the period were Tutsi we are left with no answers except that, given that there is such an evident bias in sampling, one might tentatively infer that the bulk of victims were not Tutsi. According to Harmon Snow: ‘Professors Christian Davenport (U. Maryland) and Allan Stam (Dartmouth) published research in 2004 that showed that the killings began with a small, dedicated cadre of Hutu militiamen, but quickly cascaded in an ever-widening circle, with Hutu and Tutsi playing the roles of both attackers and victims. Their team of researchers also found that only 250,000 people were killed, not the 800,000 plus advanced by the RPF, and that for every Tutsi killed two Hutus were killed. The research unleashed a firestorm: the media jumped on them for denying genocide.’xixShould it then be considered a civil war? That too is problematic due to the fact that only a minuscule percentage of those killed were combatants.

As for the double genocide thesis, this is nearly as difficult. Certainly before April 1994 there are good reasons to believe that RPF massacres were indiscriminate in the matter of ethnicity. Largely this seems to be because they were primarily interested in ‘refugee generation.’ According to Harmon Snow ‘The RPF practiced a scorched earth policy: they did not want to have to administer a territory or deal with local populations. The RPF displaced people, shelled the IDP camps, and marched on. They killed some captives, buried them in mass graves or burned corpses, and used survivors as porters to transport ammunition, dig trenches or cook their meals.’xx Sometimes this involved the massacre of Tutsis, as Joan Casòliva and Joan Carrero report: ‘In some regions there were attacks and killings directed against the Tutsi population. Principal amongst these were those against the Bagogwe, a Tutsi sub-group from the north, in January 1991, and against the Tutsis of Bugesera in March of 1992.’xxi Other reports, particularly from the ‘100 days’ period in which enormous numbers of Tutsis were being massacred, suggest that RPF massacres were directed against Hutu, which may well be true but might equally be a presumption. On the whole, however, the ‘double genocide thesis’ is somewhat of a red herring. Structurally, as I will show, it was more the case that having ‘provoked’ the Tutsi genocide, Rwanda’s RPF controlled Government of National Unity (GNU) exploited the initial genocide to launch a subsequent genocide of Hutu.

The initial RPA invasion of Rwanda was in effect an invasion by the Ugandan military with US backing. RPA forces were uniformed Ugandan military using Ugandan arms which were supplied throughout the civil war thanks to an increase of US and UK military aid after the invasion.xxii At this time Tutsi refugees enjoyed a stable privileged position in Ugandaxxiii while those who remained in Rwanda, or had subsequently returned, formed the ‘majority of economic operators’.xxiv The RPF attack intentionally pre-empted Rwandan President Juvenal Habyarimana’s moves towards allowing the peaceful return of all Tutsi refugees, because the RPF felt that this would be of detriment to their plan to take control of Rwanda.xxv Uganda’s military dictator, Yoweri Museveni (whom Madeleine Albright spoke as ‘a beacon of hope for Africa’),xxvi feigned shock and surprise that a massive proportion of his military forces had mutinied, but continued supplying them with arms supplied to him mainly by the US. The orthodox explanation, ascribed to even by Kuperman, is that he was going to disarm the RPA but had his feelings hurt when Habyarimana publicly accused him of involvement.xxvii In fact Museveni was deeply complicit. He even gave a speech to his military officers which, in Philpot’s words, ‘reads like a blueprint for the invasion and war that some of his officers were soon to conduct in Rwanda….’xxviii In it he said:

We had to reject the concept of ‘a small but efficient’ army…. This notion is nothing but suicidal. Insurgents do not have to do much, but they will have succeeded in their devices if they simply terrorize the population, stop them from producing wealth for the country, dismantle the network of civil administration and block communications. Once the state does not stop insurgents from doing this on a large scale, the country will rapidly lose income and find it impossible to support the army… Insurgents will be in a position to create a situation of strategic stalemate or even to launch a strategic counteroffensive to seize state power.xxix

 

This is a far cry from normal asymmetrical guerrilla warfare, instead it is a way for a small force (but not a noticeably inferior one) to effect an invasion and occupation of a country with a hostile population in a manner that would normally take a large superiority of forces. The FAR was a government force vulnerable to the degradation of the Rwandan state, while the RPA was superior in arms and had invulnerable external supply and a safe rear area in Uganda. Accordingly they depopulated Rwanda’s most productive agricultural region.

Two and a half years after the invasion, only 1800 people lived in an area of northern Rwanda that previously had a population of 800,000. As the “liberators” advanced, the Hutu peasants fled. By April 1993, Rwanda had more than one million internal refugees. That means one million farmers (one seventh of the total population) who are no longer producing on the most fertile lands in the country. It also means one million people to house and feed, and hundreds of thousands of children absent from school which caused great anxiety among parents.

The Rwandan Minister of Agriculture, Husbandry and Forests in 1992, James Gasana, described the situation in the war torn Byumba prefecture north of Kigali in a book published in 2002. “A prefecture that had been the country’s breadbasket now had the largest population in need of welfare and the highest mortality rate due to malnutrition.”xxx

In Kigali and elsewhere large numbers of clandestine RPF cells operated, often using ‘human rights’ NGOs as cover.xxxi They carried out sabotage, bombings of public places, and an eliticidal assassination campaign in order to terrorise the population and destabilise the government.xxxii At the same time the Rwandan government was also destabilised by what amounted to an attack by the US dominated International Monetary Fund (IMF) and the ‘donor institutions’ of the West, who demanded that, in the midst of civil war, Rwanda must dismantle its interventionist state apparatus.xxxiii During this time the RPF avoided a peaceful settlement, despite increasingly large and clearly desperate concessions by Habyarimana and despite the fact that they knew that Tutsi massacres were an almost inevitable outcome of the growing chaos and fear.xxxiv According to testimony obtained by French prosecutor Jean-Louis Bruguiere, RPF leader Paul Kagame was consistent in telling RPA troops that he had no intention of honouring peace accords.xxxv

Then, in what one RPF defector described as ‘a macabre plan to drive the country into chaos’ the RPF assassinated Habyarimana.xxxvi A UN report describes the assassination merely as ‘a plane crash’.xxxvii Similarly Adam Jones notes only that the plane ‘was shot down’ without addressing the impolitic issue of who exactly shot it down.xxxviii Kuperman merely notes that ‘Hutu extremists’ blamed the RPF.xxxix For Lemarchand, writing in 2002, ‘responsibility remains a mystery’.xl Even for the earlier pieces this is an act of willful blindness. In 1997 an ICTR team recommended that RPF leaders be prosecuted (although the report was quashed and the lead investigator told to burn his notes, it survived and is now part of the ICTR record).xli In 2003 the ICTR itself announced plans to indict RPF leaders, but the US and UK had the chief prosecutor, who announced these plans, replaced. By 2005 a Spanish court which indicted 40 members of the RPF/GNU leadership for war crimes and crimes against humanity cited RPF responsibility for the assassination.xlii Finally, in France, Bruguiere issued a detailed indictment of 9 RPF leaders in 2006.xliii

The RPF decision to pursue violent means was not surprising. By 1993 their strategy of terror and massacre had driven away the support they initially received from Rwandan opposition partiesxliv and they had been handed a resounding defeat in election in September of 1992, showing that they could not hope to gain control of Rwanda by democratic means.xlv

What ensued definitely involved a massive genocidal slaughter of Tutsis, primarily by the Interahamwe and other militias. However, the fact that the Interahamwe leader was a Tutsi/former Tutsi, and other members were Tutsi including a district president, should be a source of considerable interest for scholars, but it is seldom remarked. Levene does mention it in his introductory volume, but only to stress its lack of import.xlvi

Beyond the fact that there were large scale massacres, little is said that is credible. Consider that there were only 650,000-800,000 Tutsi in Rwanda.xlvii Most accounts would have it that the vast majority (around 80%) were killed. This is not inconceivable, but it seems highly unusual for a 100 day period of largely civilian orchestrated massacres – especially considering that through that time the Tutsi-led RPF controlled ever more of the country. Naturally, the number of Tutsi brings into question some of the high-end estimates of total mortality. For example, Adam Jones gives the following interesting snippet:

About 80 percent of victims died in a “hurricane of death . . . between the second week of April and the third week of May,” noted Gérard Prunier. “If we consider that probably around 800,000 people were slaughtered during that short period . . . the daily killing rate was at least five times that of the Nazi death camps.”xlviii

Further, ‘[o]n April 20, at the parish of Karama in Butare prefecture, “between thirty-five and forty-three thousand people died in less than six hours.”‘xlix For someone like Jones who, no doubt, has read many accounts of mass killing, it should be obvious that ill-equipped militia led civilians could not round up such a number and could not physically kill so many in such a short space of time using small arms and machetes. Nor does anyone explain how this occurred without the same sort of compunction and reticence which people ordinarily feel on some level when it comes to taking human life – especially when in close proximity, especially for non-military, and especially when it is someone who has not killed before.l Although some writers do delve into the factors that caused 175,000 to 210,000 to participate in murder,li I can’t help but feel that such uncritical acceptance of hyperbole indicates in many a racially informed vision of orgiastic bloodletting. As for Jones’s source, it is an organisation called African Rights. According to Philpot they were involved in financing the RPF,lii and, he later quotes, Professor Filip Reyntjens: “As for African Rights, the political and historical analyses made by that group have a flagrant pro-RPF bias that is incompatible with the mission and code of conduct of any serious association devoted to promoting human rights.”liii

As surely as there were massacres of Tutsi by the Interahamwe and others, there were also massacres by the RPA during the ‘100 days’, the extent of which are likewise impossible to determine at this stage. Even Roméo Dallaire did not deny this, and originally denied any co-ordinated genocide:

On September 14, 1994, on CBC’s French language magazine, Le Point, General Roméo Dallaire answered the following question from a Rwandan who lived in Quebec City: “In your opinion, was there a genocide in Rwanda, that is the carrying out of a plan to eliminate ethnic Tutsis in Rwanda?”

“I would say there was a national genocide, a genocide based on a political basis, not only ethnic,” replied Roméo Dallaire. “Many Hutus and many Tutsis were killed… I think that the explosion we saw could not have been planned. I don’t think that anybody could ever have planned an explosion of that magnitude.”liv

Bear in mind that Dallaire was anything but neutral:

“Romeo Dallaire was very close to the RPF”, says Gilbert Ngijol, political assistant to Jacques-Roger Booh-Booh. “He let the RPF get arms. He allowed UNAMIR troops to train RPF soldiers. United Nations troops provided the logistics for the RPF. They even fed them.”

The [UN] Secretary General’s Special Representative to Rwanda, Jacques-Roger Booh-Booh confirmed this when he broke 10 years of silence regarding Rwanda in an interview published in Africa International. “In the field, he abandoned his work as military commander and got involved in politics; he violated the principle of UNAMIR’s neutrality and became the objective ally of one of the parties in the conflict.”lv

There are also suggestions that RPF massacres have wrongly been blamed on Interahamwe:

The Belgian Marcel Gerin concluded … that in 1994 he and his wife were left trapped by the Rwandan war. They were witnesses to the indiscriminate killings in the area they lived in and they were able to confirm, through the fact of having been held prisoners, how those who apparently seemed to be Interahamwe militia were no more than mercenaries in the pay of the Tutsi army. … Although they state that in their residential zone the Interahamwes killed a thousand people in the church, the majority of the massacres were carried out with the arrival of those mercenaries who killed whoever they met without any ethnic discrimination, in a clear operation of whole-territory cleansing. Whatever images of the situation emerged gave one to believe that the authors were the Hutu Interahamwe militia. Santos Ganuza, a Navarrese missionary, was the rector of the Kiziguro parish, also in the east of the country. He says:

“For many years I was the parish rector in the east of the country. In 1994 the Interahamwearrived and killed some 1,000 Tutsis who had taken refuge in the church without my being able to do anything to prevent it. A few days later, the Tutsi military arrived and killed 10,000 Hutus. The Western world’s televisions broadcast pictures of these Hutus assassinated in my parish, identifying them as Tutsis”.lvi

 

 

Deniers, Distorters and Hypocrites

Among those who are ‘more or less’ deniers of genocide are Edward Herman and David Peterson. In The Politics of Genocide the 18 pages which they devote to events in Rwanda and what is now the Democratic Republic of Congo have provoked considerable criticism.lvii The problem I have is that Herman and Peterson never actually come out and say that there was never a genocidal mass-murder of Tutsi. Instead they imply as much with statements to the effect that the orthodox ‘propaganda line on Rwanda … turned victim and perpetrator upside down.’lviii Perhaps I read too much into this lack of a positive stance because the authors themselves do not counter allegations of genocide denial in responding to Caplan and to a short piece by Adam Jones.lix On the other hand, they quote with approval a study which found that 300,000 Tutsi were killed, around 50% of the population.lx How that could have happened in a matter of 100 days and not constitute genocide is rather hard to fathom

It is also the Rwanda/DRC (Democratic Republic of Congo) section of the book which I find most problematic. The authors have no problem in levelling very accurate criticisms of the orthodox narrative. On the other hand they often overstep the mark. For example, all of the complexities of Ugandan and Anglo-US support for Paul Kagame’s Rwandan Patriotic Front, which are detailed below, are reduced to the statement that the RPF was ‘a wing of the Ugandan army’.lxi Perhaps it is unfortunate that one cannot make such a statement baldly when it probably gives a perfectly accurate understanding of the underlying situation, but it is nevertheless a prima facie falsehood. This leaves the authors open to critiques like that of Gerald Caplan who uses this to mock the very idea that the RPF was effectively a proxy force for the US.lxii Interestingly, Herman and Peterson are able to refute this by citing Caplan’s own earlier work,lxiii but that still does not make the RPF a literal and overt ‘wing’ of the Ugandan army. In fact, authors undermining their own arguments is a very minor matter. More important is the fact that it is symptomatic of a narrative of events which is the mirror-image of that which it opposes. The authors over-simplify in this matter and others because they, as much as their opponents, seem driven to produce a childish vision of simplistic moral significance.

The whole polarised debate over Rwanda reveals something very rotten pervading the discourse of genocide and genocide denial. There is an intellectual reason for avoiding the attachment of a particular moral weight to the concept of genocide in that it can only confuse analysis. There is also, however, a psychological reason. The moral weight given to genocide also seems to produce what can only be described as an atavistic or childish manichaean narrative of victim and perpetrator populations as essences of good and evil. The dangers of this can be seen in the strikingly similar, but diametrically opposed, narratives produced by Adam Jones with regard to RPF killings of Hutu, and that of Herman and Peterson with regard to Interahamwe and/or Forces Armées Rwandaise (FAR) killings of Tutsi.

When it comes to the RPF led slaughter of hundreds of thousands of Hutu, Jones is very keen on emphasising the agency of the ‘Hutugénocidaires‘ who had, in his interesting turn of phrase, ‘staged a mass evacuation’. Translated, this means that millions fled in the face of the RPF takeover of Rwanda. When the RPF led an invasion of Zaire (later the Democratic Republic of Congo) it was because the génocidaires had ‘reconstituted themselves as a terrorist force, brutally controlling the refugee population and launching attacks against Tutsis in both Congo and Rwanda.’ They invaded again because the man they themselves had put into power in Kinshasa ‘fell under the sway of Hutu representatives in Kinshasa, supporting renewed cross-border killing operations in Rwanda.’ Jones writes this even though he acknowledges that both Rwanda and Uganda ‘have experienced miraculous leaps in their export of key commodities – diamonds, gold, timber, and coltan (an ore used in computer chips and cell phones) – at levels that exceed total domestic production, providing vivid evidence of the pillaging.’ Jones uses génocidaire to mean anyone who was in a position of power in Rwanda before the RPF takeover. More than that he means the ‘double-plus bad’ people. He doesn’t concern himself with issues like which among them actually were guilty of committing genocide. The impression he gives is that it is the evil génocidaires who are ultimately responsible for the RPF having entered Zaire/DRC and having massacred hundreds of thousands while Rwandan sponsored Congolese rebels, according to Jones himself (citing a 1999 UN report) were “running torture centers that amounted to ‘extermination’ sites.lxiv Much of his contextualisation of Rwandan aggression and genocide is exactly that given by the Rwandan government. Thus it is deeply ironic when Jones writes of Herman and Peterson: “Herman and Peterson none-too-subtly adopt Hutu Power’s justification for slaughtering Tutsi civilians: that they constituted a ‘fifth column,’ indistinguishable from the invading RPF. This casual parroting of the most virulent Hutu-extremist propaganda effectively blames Rwanda’s Tutsis for their own extermination. It is a disgraceful ploy, and by itself it casts Herman and Peterson’s ‘analysis into utter disrepute.”lxv

Herman and Peterson are more blatantly partisan than Jones. Despite apparently believing that hundreds of thousands of Tutsi were slaughtered, as mentioned above, they create a simple narrative of good Hutus and bad Tutsis. It is worth quoting Jones at length:

Would it not have been incredible for Kagame’s Tutsi forces to conquer Rwanda in 100 days, and yet the number of minority Tutsi deaths be greater than the number of majority Hutu deaths by a ratio of something like three-to-one? Surely then we would have to count Rwanda 1994 as the only country in history where the victims of genocide triumphed over those who committed genocide against them, and wiped the territory clean of its ‘genocidaires’ at the same time.”

Of course, no mainstream authority has ever claimed that the Tutsi “victims of genocide” in Rwanda in 1994 were drawn from “Kagame’s Tutsi forces.” The latter were invading from Uganda, as Herman and Peterson themselves emphasize. They were outsiders with no connection to, and apparently no particular sympathy for, the Tutsi civilian population of Rwanda. It was the Rwandan Tutsi population which, by all serious accounts, bore the overwhelming brunt of the Hutu Power genocide.

So Herman and Peterson’s mocking reference to the “minority Tutsi” population supposedly bearing the brunt of the massacres, then assuming “complete control” of Rwanda, is pure sleight-of-hand. To repeat the indisputable: it was the foreign-based RPF that took “complete control” in July 1994 and “wiped the territory clean of its ‘genocidaires’”….lxvi

It seems likely that the understandable anger that Herman and Peterson feel at the misuse of accusations of atrocities, fuelling far greater atrocities, causes an over-identification with the villainised attacked in Western propaganda. However, this should not be a reason for excusing the crimes committed by members of a denigrated group against members of another group, even if that group has members who are even greater perpetrators of atrocities. Caplan evinces great indignation that Herman and Peterson should call him a ‘genocide facilitator’ when he has ‘spent the past decade immersed in genocide prevention,’lxvii but the description aptly fits Caplan and many others who may genuinely believe that they are working to prevent genocide. Even Jones, who tries very hard to avoid siding with the predominant discourse of apologism and denial of Western crimes, is pulled by emotionality and the very weight of the orthodoxy into the position of minimising the most deadly genocides perpetrated by recidivists who are still very powerful and emphasising the crimes of official enemies of the West who no longer pose a threat to anyone. As Herman and Peterson write regarding Genocide: A Comprehensive Introduction:

Jones’s chapter on Bosnia and Kosovo also flies in the face of his claim that he “adopt[s] a comparative approach that does not elevate particular genocides over others, except to the extent that scale and intensity warrant special attention.” Measured by “scale and intensity,” the civil wars in Bosnia-Herzegovina and Kosovo were not remotely in the same league as the U.S. assault on Vietnam, the killings in Indonesia (in the mid-1960s, during and after the overthrow of Sukarno), the two phases of the Iraq genocide (the sanctions era and then war of aggression-occupation), or the still ongoing invasion-occupation of the Democratic Republic of Congo.  Furthermore, his treatment of numbers in Bosnia is deceptive.  Jones asserts that “a quarter of a million people died in Bosnia and Herzegovina” in the years up to the Dayton accords in late 1995.  But by the time Jones wrote this, two important establishment studies had shown that the total number of war-related deaths on all sides, soldiers as well as civilians, totalled approximately 100,000. Of these deaths, some 40,233 are now reported as non-soldiers (39,199 civilians, and 1,035 policemen). So Jones suppresses information that would show the earlier standard claim of 250,000 deaths to have been an inflation of wartime propaganda.lxviii

Simply glancing at the contents page of Genocide: A Comprehensive Introduction confirms that Jones comes nowhere close to basing his emphasis on ‘scale and intensity’. A chapter is dedicated to Bosnia and Kosovo, while none of the larger genocides mentioned above get similar treatment.

With regard to Rwanda, there is no question, however, that killings occurred on a scale warranting considerable attention, the problem is rather, as I have written the creation of a highly politicised mythological narrative of the genocidal killing of Tutsi which is problematic. Here, once again, Jones is merely one of the better of an extremely bad lot. The ‘Rwandan holocaust’ is rather like the mythic and equally political creation based on the Shoah which Norman Finkelstein calls ‘The Holocaust’: ‘Like most ideologies, it bears a connection, if tenuous, with reality.’lxixFinkelstein’s ‘The Holocaust’ has its origins in imperial geopolitics: ‘Impressed by Israel’s overwhelming display of force, the United States moved to incorporate it as a strategic asset. (Already before the June war the United States had cautiously tilted toward Israel as the Egyptian and Syrian regimes charted an increasingly independent course in the mid-1960s.) Military and economic assistance began to pour in as Israel turned into a proxy for US power in the Middle East.’lxx In Rwanda the geopolitical imperatives existed before the genocide actually took place, and the resulting myth, which would have it that what happened in Rwanda was very similar to the Shoah, has a far more tenuous connection with reality than the mythical ‘Holocaust’.

 

Kagame’s “Beacon of Hope”

After the RPF takeover the Tutsi genocide was exploited to create what ‘even Britain’s Economist has called “the most repressive in Africa.”‘lxxi This has been recognised by some in the genocide field including Kasaija Phillip Apuuli,lxxii and Lars Waldorf.lxxiii The GNU claimed that it governed a ‘criminal population’.lxxiv According to the GNU themselves, there were 109,499 imprisoned by 2000 awaiting genocide charges.lxxv They widely accused any political opponents of being génocidaires and when that label ceased its usefulness, switched to accusing people of ‘divisionism’, ‘negationism’ and ‘genocide ideology.’lxxvi The latter, of which the GNU accuses those such as the famed rescuer Paul Rusesabagina for having denounced RPF atrocities and two of their own government’s former Prime Ministers, now attracts a 10 to 50 year prison sentence in Rwanda.lxxvii

Though many thousands suffer terribly due to this form of genocide exploitation, this pales in comparison with the hundreds of thousands who died when the RPF used the Tutsi genocide to launch their own genocide. One might think that this would be of considerable interest to genocide scholars, but apparently it is not. When the RPF took over Rwanda 2 million people fled, 1.2 million of them into Zaire.lxxviii Meanwhile, the US was advancing certain plans:

At the very moment the tragic refugee operation was underway, French journalist Jean Daniel was meeting the assistant Secretary of State, John Kornblum, in his Washington office. His account of that meeting is hair-raising.

“France? We want to get along with France. Chirac? A man of good will. We like him. But: (1) no question of keeping Boutros-Ghali; (2) no question of keeping Mobutu in power… … Let’s get together again in six months time. We’ll see if I am mistaken. Watch out for Africa: France has it all wrong. The strong man is in Uganda, not in Kinshasa.”

In his own words, Jean Daniel left that meeting “dumbfounded by the cynical detailing of events to come, and the arrogance of the vocabulary used”lxxix

Kornblum was prophetic. To revisit Jones’s orthodox rendition:

Hutu génocidaires staged a mass evacuation of populations under their control, across the Congolese border to the city of Goma. Ironically, it was this humanitarian crisis that galvanized the world, not the genocide against Tutsis. Ironically, too, the outside aid that flooded in was instrumental in permitting the génocidaires to reconstitute themselves as a terrorist force, brutally controlling the refugee population and launching attacks against Tutsis in both Congo and Rwanda.

In the face of this threat, in 1997 Rwanda assisted the overthrow of the Mobutu regime by Laurent Désiré Kabila….lxxx

Jones doesn’t bother with details such as how or why a campaign against some guerillas turned into the invasion of the massive country the DRC – then known as Zaire.

Hundreds of thousands of refugees were killed or starved to death with 50% of the victims being under 15 years of age.lxxxi A UN report on the genocide mysteriously dropped the use of the word in its final draft. ‘In the UN it is explained that ‘following deep discussions’ in New York the report’s authors ‘themselves’ decided to retract the term ‘genocide’.lxxxii It is reasonable to expect that the more recently leaked draft UN report on the genocide was leaked because it too was unlikely to be released in unadulterated form. As of the time of this writing it seems that the report may never be released in any form. Meanwhile, Western interests were amply served. As Philpot puts it:

It has been said that the invasion of Rwanda by Ugandan troops in 1990 was aimed at Kinshasa not Kigali. The war that has followed in the Congo and the scramble by Western corporations for control of the vast Congolese natural resources makes that interpretation very plausible. …

Since the war began in the Congo in 1996, the rush of American, Belgian, Canadian, British and French corporations for diamonds and gold and other natural resources in the region has been widely documented and denounced.lxxxiii

 

Despite the space I have devoted to it, this is by no means a full account of just how problematic the Tutsi genocide/’Rwandan genocide’ is as a paradigmatic exemplar of genocide, less still of the role of Western complicity and of hegemonic distortion of unwanted truth. My point is that, for all of their seeming ignorance, genocide scholars know enough to know that the events of 1994 in Rwanda do not warrant inclusion as one of the three main genocides of the 20th century, yet somehow none challenges that. Jones even as much as accuses François Mitterand of genocide denial:

The president (François Mitterrand) of the same French state that prosecuted Robert Faurisson not only actively supported Rwanda’s génocidaires – before, during, and after the 1994 catastrophe – but when asked later about the genocide, responded: “The genocide or the genocides? I don’t know what one should say!” As Gérard Prunier notes, “this public accolade for the so-called ‘theory of the double genocide’ [i.e., by Tutsis against France’s Hutu allies, as well as by Hutus against Tutsis] was an absolute shame.” It advanced a key thesis of genocide deniers: that the violence was mutual or defensive in nature.lxxxiv

But though Jones equates Mitterand’s failure to unequivocally toe the line with denial, he himself makes the observation that in the former Yugoslavia genocidal acts were ‘implemented in systematic fashion – primarily, but not only, by Serb military and paramilitary forces.’lxxxv The mythical ‘Rwandan holocaust’ must be defended stridently, not so much because the construction of the genocidal mass-murder of Tutsi is tenuous (I think there is considerable uncertainty about that issue) but because even if the central events of the myth are all portrayed accurately, the events surrounding them cannot be mentioned. Why? Because the RPF were acting as agents of the US and they ‘provoked’ one genocide and committed another, bringing death to anything between 450,000 and 1.5 million people. Along with Uganda they committed 3 acts of aggression, described at Nuremberg as ‘the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole.’lxxxvi Those acts of aggression have brought about 10 million deaths or more. This makes it even more imperative that we view the RPF as heroic leaders of a victimised people – the ‘Jews of Africa’. Why? Because if it is admitted that Museveni and Kagame are war criminals then we are brought one step closer to having to admit that Albright, Clinton, Bush and Blair (to name a few) are guilty of crimes far beyond the scale of which Jean-Paul Akayesu or those in Rwanda have been convicted.

The discourse of the ‘Rwanda holocaust’ suffers from exactly the same selective failure to ask or answer the obvious questions that afflicts the scholarly discourse about US genocides. As Orwell has his character Syme (who ‘sees too clearly and speaks too plainly’) say: ‘Orthodoxy means not thinking – not needing to think. Orthodoxy is unconsciousness.’lxxxvii

 

 

i Keith Harmon Snow, “Hotel Rwanda: Hollywood and the Holocaust in Central Africa.” Retrieved 3 April 2009 from http://www.allthingspass.com/uploads/pdf-135Hotel%20Rwanda%20Corrected%20Final%201%20Nov%2007.pdf, p 23.

 

ii Vahakn N. Dadrian, “Patterns of twentieth century genocides: the Armenian, Jewish, and Rwandan cases,” Journal of Genocide Research (2004), 6(4), December, p 487.

 

iii Adam Jones, Genocide: A Comprehensive Introduction, London: Routledge, 2006, p 48.

 

iv Mark Levene, Genocide in the Age of the Nation-State, Volume I: The Meaning of Genocide, London, New York: I.B. Tauris, 2005, p 67.

 

v Alan J. Kuperman, “Provoking genocide: a revised history of the Rwandan Patriotic Front,” Journal of Genocide Research (2004), 6(1),March, p 74.

 

vi Ibid, p 64.

 

vii Keith Harmon Snow, “Hotel Rwanda: Hollywood and the Holocaust in Central Africa,” p 7. Retrieved 3 April 2009, http://www.allthingspass.com/uploads/pdf-135Hotel%20Rwanda%20Corrected%20Final%201%20Nov%2007.pdf.

 

viii One rather unrelenting summary, which omits the usual polite disclaimers, reads: ‘…one wonders what the other powers were doing while Hitler was rearming. And the answer is that they – Britain, the USSR, and the United States – did all they could to facilitate his task. They provided the Nazis with resources, military know-how, patents, money, and weapons – in very large quantities. Why? To set the Nazis up, lead them on, and finally destroy them, and take Germany into the bargain at war’s end. Throughout the 1930s, the United States acted as a mere supplier to the Nazis in the shadow of Britain, who produced the entire show. This show had to end with Britain’s participation in a worldwide conflict as the leader of the coalition of Allied forces against Nazi Germany. But the Hitlerites had to be duped into going to war against Russia with the guarantee that Britain, and thus America, would remain neutral: Hitler would not want to repeat the errors of World War I. Therefore Britain had to ‘double’ herself, so to speak, into a pro-Nazi and anti-Nazi faction – both of which, of course, were components of one and the same fakery. The complex and rather grotesque whole of Britain’s foreign policy in the 1930s was indeed the result of these ghastly theatrical diversions with which the Hitlerites were made to believe that at any time the colorful Nazi-phile camp would overthrow the hawks of the War Party, led by Winston Churchill, and sign a separate peace with the Third Reich. The secret goal of this unbelievable mummery was to drive Hitler away from the Mediterranean in 1941, and into the Soviet marshes, which the British would in fact allow him to ‘cleanse’ for three years, until the time would arrive to hem the Nazis in and finally crush them.’ Guido Giacomo Preparata, Conjuring Hitler: How Britain and America Made the Third Reich, London and Ann Arbor: Pluto Press, 2005, p 204. Preparata goes into detail over the next 50 pages or so including considerable detail regarding the complex masquerade which was played out by the British. For Preparata Britain’s rulers were ‘monolithic’, and indeed he reveals a very surprisingly complex and co-ordinated deception of public diplomacy lasting for a decade. At the end of the next chapter I will deal with the issue of whether some monolithic conspirational group determines US foreign policy, or rather why, assuming that there is no such group, that US foreign policy itself is monolithic.

 

ix See below.

 

x I don’t want to overdo the references to 1984, but it is worth mentioning that if the point of the contractions so beloved by Orwell’s Party was to rename institutions in ways which were both slick and at the same time effaced meaning, then ‘R2P’ may well be the ultimate exemplar, although who can tell what the future might bring?

 

xi Edward S. Herman and David Peterson, “Peter Erlinder Jailed by One of the Major Genocidaires of Our Era – Update,” MR Zine, 17 July 2010. Retrieved 8 September 2010 from http://mrzine.monthlyreview.org/2010/hp170610.html.

 

xiiLeaked UN report cites ‘genocide’ in DR Congo,” Reuters, 27 August 2010. Retrieved 8 September 2010 from http://www.france24.com/en/20100827-leaked-un-report-cites-genocide-congo-hutu-rwanda-ethnic-violence.

 

xiii Alan J. Kuperman, “Provoking genocide: a revised history of the Rwandan Patriotic Front,” Journal of Genocide Research (2004), 6(1),March, pp 61–84.

 

xiv René Lemarchand, “Disconnecting the threads: Rwanda and the Holocaust reconsidered,” Journal of Genocide Research (2002), 4(4), p 500.

 

xv Keith Harmon Snow, “Hotel Rwanda: Hollywood and the Holocaust in Central Africa.” Retrieved 3 April 2009 from http://www.allthingspass.com/uploads/pdf-135Hotel%20Rwanda%20Corrected%20Final%201%20Nov%2007.pdf, p 2.

 

xvi Philip Verwimp, “Testing the Double-Genocide Thesis for Central and Southern Rwanda,” Journal of Conflict Resolution 2003; 47, p 430.

 

xvii Scott Strauss, “How many perpetrators were therein the Rwandan genocide? An estimate,” Journal of Genocide Research (2004), 6(1),March, p 96.

 

xviii Philip Verwimp, “Testing the Double-Genocide Thesis for Central and Southern Rwanda,” Journal of Conflict Resolution 2003; 47, p 425.

 

xix Keith Harmon Snow, “Hotel Rwanda: Hollywood and the Holocaust in Central Africa.” Retrieved 3 April 2009 from http://www.allthingspass.com/uploads/pdf-135Hotel%20Rwanda%20Corrected%20Final%201%20Nov%2007.pdf, p 12.

 

xxIbid, p 8.

 

xxi Joan Casòliva and Joan Carrero, The African Great Lakes: ten years of suffering, destruction and death, Barcelona: Cristianisme i Justícia, 2000, p 7.

 

xxii Peter Erlinder, “Bush and Other War Criminals Meet in Rwanda: The Great ‘Rwanda Genocide’ Coverup,” GlobalResearch, 2007. Retrieved 5 November 2009 from http://www.globalresearch.ca/index.php?context=va&aid=8137. Prof. Erlinder is former President of the National Lawyers Guild and is Lead Defence Counsel for former Major Aloys Ntabakuze in the Military 1 Trial at the ICTR, the central case in the Tribunal. His article is based on the documents and testimony entered in the court record of the ICTR.

 

xxiii Alan J. Kuperman, “Provoking genocide: a revised history of the Rwandan Patriotic Front,” Journal of Genocide Research (2004), 6(1),March, p 65.

 

xxiv Joan Casòliva and Joan Carrero, The African Great Lakes: ten years of suffering, destruction and death, Barcelona: Cristianisme i Justícia, 2000, p 7.

 

xxv Alan J. Kuperman, “Provoking genocide: a revised history of the Rwandan Patriotic Front,” Journal of Genocide Research (2004), 6(1),March, p 68.

 

xxvi Robin Philpot, Rwanda, 1994: Colonialism Dies Hard, Translation of Ça ne s’est pas passé comme ça à Kigali, Quebec: Les Intouchables, 2004. Retrieved 13 October 2009 fromhttp://www.taylor-report.com/Rwanda_1994/index.php?id=ch1.

 

xxvii Alan J. Kuperman, “Provoking genocide: a revised history of the Rwandan Patriotic Front,” Journal of Genocide Research (2004), 6(1),March, pp 70-1.

 

xxviii Robin Philpot, Rwanda, 1994: Colonialism Dies Hard, Translation of Ça ne s’est pas passé comme ça à Kigali, Quebec: Les Intouchables, 2004. Retrieved 13 October 2009 fromhttp://www.taylor-report.com/Rwanda_1994/index.php?id=ch1.

 

xxix Ibid.

 

xxx Ibid.

 

 

xxxii Keith Harmon Snow, “Hotel Rwanda: Hollywood and the Holocaust in Central Africa.” Retrieved 3 April 2009 from http://www.allthingspass.com/uploads/pdf-135Hotel%20Rwanda%20Corrected%20Final%201%20Nov%2007.pdf, p 17.

 

xxxiii Robin Philpot, Rwanda, 1994: Colonialism Dies Hard, Translation of Ça ne s’est pas passé comme ça à Kigali, Quebec: Les Intouchables, 2004. Retrieved 13 October 2009 fromhttp://www.taylor-report.com/Rwanda_1994/index.php?id=ch5.

 

xxxiv Alan J. Kuperman, “Provoking genocide: a revised history of the Rwandan Patriotic Front,” Journal of Genocide Research (2004), 6(1),March, pp 72-3.

 

xxxvJean-Louis Bruguiere, Issuance of International Arrest Warrants: PI06-0046 (E) (“Bruguiere Report”) 17th November 2006.

 

xxxvi Joan Casòliva and Joan Carrero, The African Great Lakes: ten years of suffering, destruction and death, Barcelona: Cristianisme i Justícia, 2000, p 8.

 

xxxvii Robin Philpot, Rwanda, 1994: Colonialism Dies Hard, Translation of Ça ne s’est pas passé comme ça à Kigali, Quebec: Les Intouchables, 2004. Retrieved 13 October 2009 fromhttp://www.taylor-report.com/Rwanda_1994/index.php?id=ch6.

 

xxxviii Adam Jones, Genocide: A Comprehensive Introduction, London: Routledge, 2006, p 238.

 

xxxix Alan J. Kuperman, “Provoking genocide: a revised history of the Rwandan Patriotic Front,” Journal of Genocide Research (2004), 6(1),March, p 78.

 

xl René Lemarchand, “Disconnecting the threads: Rwanda and the Holocaust reconsidered,” Journal of Genocide Research (2002), 4(4), p 512.

 

xli Peter Erlinder, “Bush and Other War Criminals Meet in Rwanda: The Great ‘Rwanda Genocide’ Coverup,” GlobalResearch, 2007, Retrieved 5 November 2009 from http://www.globalresearch.ca/index.php?context=va&aid=8137.

 

xliiIbid.

 

xliii Jean-Louis Bruguiere, Issuance of International Arrest Warrants: PI06-0046 (E) (“Bruguiere Report”) 17th November 2006.

 

xliv Alan J. Kuperman, “Provoking genocide: a revised history of the Rwandan Patriotic Front,” Journal of Genocide Research (2004), 6(1),March, p 74.

 

xlv Robin Philpot, Rwanda, 1994: Colonialism Dies Hard, Translation of Ça ne s’est pas passé comme ça à Kigali, Quebec: Les Intouchables, 2004. Retrieved 13 October 2009 fromhttp://www.taylor-report.com/Rwanda_1994/index.php?id=ch2.

 

xlvi Mark Levene, Genocide in the Age of the Nation-State, Volume I: The Meaning of Genocide, London, New York: I.B. Tauris, 2005, p 99.

 

xlvii The 1991 census put the number at 596,400, although some believe that their numbers were under-reported, the proportion (8.4%) would not be that inconsistent with what would be expected after the exodus of Tutsi after 1959. Marijke Verpoorten estimates that there were between 717,300 and 837,100 Tutsi in Rwanda (“The Death Toll of the Rwandan Genocide: A Detailed Analysis for Gikongoro Province ,” Population (English ed.), 60(4), 2005.) Verpoorten, extrapolating from a south-western province, estimates 600,000 to 800,000 Tutsi killed. The methodology, however, is based on current population adjusted for population growth, death and various forms of migration. It involves a large number of variables and necessary assumptions and I believe that this is an issue that is far, far from settled.

 

xlviii Adam Jones, Genocide: A Comprehensive Introduction, London: Routledge, 2006, p 232.

 

xlix Ibid, p 239.

 

l See Dave Grossman, On Killing: The Psychological Cost of Learning to Kill in War and Society. New York, Boston: Back Bay Books, 1995.

 

li Scott Strauss, “How many perpetrators were therein the Rwandan genocide? An estimate,” Journal of Genocide Research (2004), 6(1),March, p 93.

 

lii Robin Philpot, Rwanda, 1994: Colonialism Dies Hard, Translation of Ça ne s’est pas passé comme ça à Kigali, Quebec: Les Intouchables, 2004. Retrieved 13 October 2009 fromhttp://www.taylor-report.com/Rwanda_1994/index.php?id=ch4.

 

 

 

 

lvi Joan Casòliva and Joan Carrero, The African Great Lakes: ten years of suffering, destruction and death, Barcelona: Cristianisme i Justícia, 2000, pp 9-10.

 

lvii A significant exchange was initiated when Gerald Caplan published a highly critical review [“The politics of denialism: The strange case of Rwanda: Review of ‘The Politics of Genocide’,” Pambazuka, 17 June 2010, issue 486. Retrieved 7 September 2010 from http://www.pambazuka.org/en/category/features/65265%5D. The review is replete with criticisms which are unerringly far short or far wide of the mark. It seems almost certain that to the author and, no doubt, to a substantial proportion of the readers, the very act of denying one of the most horrific mass-slaughters of human history puts Herman and Peterson firmly into the camp of the irrational, if not insane, deniers of the Shoah/Holocaust.

 

lviii Edward S. Herman and David Peterson, The Politics Of Genocide, New York: Monthly Review Press, 2010, p 51.

 

lix Edward S. Herman and David Peterson, “Genocide denial and facilitation: Gerald Caplan and the politics of genocide,” Pambazuka, 8 July 2010, issue 489. Retrieved 7 September 2010 from http://www.pambazuka.org/en/category/comment/65773; Edward S. Herman and David Peterson, “Adam Jones on Rwanda and Genocide: A Reply ,” MR Zine, 14 August 2010. Retrieved 8 September 2010 from http://mrzine.monthlyreview.org/2010/hp170610.html.

 

lx Edward S. Herman and David Peterson, “Adam Jones on Rwanda and Genocide: A Reply ,” MR Zine, 14 August 2010. Retrieved 8 September 2010 from http://mrzine.monthlyreview.org/2010/hp170610.html.

 

lxi Edward S. Herman and David Peterson, The Politics Of Genocide, New York: Monthly Review Press, 2010, p 53.

 

lxii Gerald Caplan, “The politics of denialism: The strange case of Rwanda: Review of ‘The Politics of Genocide’,” Pambazuka, 17 June 2010, issue 486. Retrieved 7 September 2010 from http://www.pambazuka.org/en/category/features/65265.

 

lxiii Edward S. Herman and David Peterson, “Genocide denial and facilitation: Gerald Caplan and the politics of genocide,” Pambazuka, 8 July 2010, issue 489. Retrieved 7 September 2010 from http://www.pambazuka.org/en/category/comment/65773.

 

lxiv Adam Jones, Genocide: A Comprehensive Introduction, London: Routledge, 2006, pp 250-2.

 

lxv Adam Jones, “On genocide deniers: Challenging Herman and Peterson,” Pambazuka, 15 July 2010, issue 490. Retrieved 7 September 2010 from http://www.pambazuka.org/en/category/features/65977.

 

lxvi Ibid.

 

lxvii Gerald Caplan, “Sources and Testimonies – a Response to Herman and Peterson,” Pambazuka, 15 July 2010, issue 490. Retrieved 7 September 2010 from http://allafrica.com/stories/printable/201007161136.html.

 

lxviii Edward S. Herman and David Peterson, “Adam Jones on Rwanda and Genocide: A Reply ,” MR Zine, 14 August 2010. Retrieved 8 September 2010 from http://mrzine.monthlyreview.org/2010/hp170610.html. The citations given by the authors read as follows: Ewa Tabeau and Jakub Bijak, “War-related Deaths in the 1992–1995 Armed Conflicts in Bosnia and Herzegovina: A Critique of Previous Estimates and Recent Results,” European Journal of Population, Vol. 21, June, 2005, pp. 187-215.  In section 3.3, “Overall Numbers” (pp. 205-207), they estimated 102,622 total war-related deaths on all sides, of which 55,261 (54%) were civilians at the time of death, and 47,360 (46%) were military or combatants (p. 207).For the later of the two studies, see Patrick Ball et al., Bosnian Book of the Dead: Assessment of the Database, Research and Documentation Center, Sarajevo, June, 2007, Table 23a, “Victims Reported in BBD by Status in War,” p. 30.  At the time this study was released, Ball et al. estimated 96,895 total war-related deaths, of which 56,662 were soldiers at the time of death (58.5%), and 40,233 were civilians or policemen (41.6%).  Here we’d like to emphasize that earlier drafts of this work were in circulation since 2005 (see, e.g., “Research Halves Bosnia War Death Toll to 100,000,” Reuters, November 23, 2005); in citing the June 2007 draft, we do not imply that Adam Jones could have cited it in his 2006 textbook.

 

lxix Norman Finkelstein, The Holocaust Industry: Reflections on the Exploitation of Jewish Suffering, Online edition retrieved 8 August 2008 from http://www.geocities.com/holocaustindustry/acknowledgments.html.

 

 

lxxi Peter Erlinder, “Bush and Other War Criminals Meet in Rwanda: The Great ‘Rwanda Genocide’ Coverup,” GlobalResearch, 2007, Retrieved 5 November 2009 from http://www.globalresearch.ca/index.php?context=va&aid=8137.

 

lxxii Kasaija Phillip Apuuli, “Procedural due process and the prosecution of genocide suspects in Rwanda,” Journal of Genocide Research (2009), 11(1),March, p 22.

 

lxxiii Lars Waldorf, “Revisiting Hotel Rwanda: genocide ideology, reconciliation, and rescuers,” Journal of Genocide Research (2009), 11(1),March, pp 105-112.

 

lxxiv Scott Strauss, “How many perpetrators were therein the Rwandan genocide? An estimate,” Journal of Genocide Research (2004), 6(1),March, p 94.

 

lxxv Ibid, p 90.

 

lxxvi Lars Waldorf, “Revisiting Hotel Rwanda: genocide ideology, reconciliation, and rescuers,” Journal of Genocide Research (2009), 11(1),March, p 110.

 

lxxvii Ibid, pp 112, 115.

 

lxxviii Scott Strauss, “How many perpetrators were therein the Rwandan genocide? An estimate,” Journal of Genocide Research (2004), 6(1),March, p 97.

 

lxxix Robin Philpot, Rwanda, 1994: Colonialism Dies Hard, Translation of Ça ne s’est pas passé comme ça à Kigali, Quebec: Les Intouchables, 2004. Retrieved 13 October 2009 fromhttp://www.taylor-report.com/Rwanda_1994/index.php?id=ch15.

 

lxxx Adam Jones, Genocide: A Comprehensive Introduction, London: Routledge, 2006, p 250.

 

lxxxi Keith Harmon Snow, “Hotel Rwanda: Hollywood and the Holocaust in Central Africa.” Retrieved 3 April 2009 from http://www.allthingspass.com/uploads/pdf-135Hotel%20Rwanda%20Corrected%20Final%201%20Nov%2007.pdf, p 21.

 

lxxxii Joan Casòliva and Joan Carrero, The African Great Lakes: ten years of suffering, destruction and death, Barcelona: Cristianisme i Justícia, 2000, p 16.

 

lxxxiii Robin Philpot, Rwanda, 1994: Colonialism Dies Hard, Translation of Ça ne s’est pas passé comme ça à Kigali, Quebec: Les Intouchables, 2004. Retrieved 13 October 2009 fromhttp://www.taylor-report.com/Rwanda_1994/index.php?id=ch1.

 

lxxxiv Adam Jones, Genocide: A Comprehensive Introduction, London: Routledge, 2006, p 357.

 

lxxxv Ibid, p 216.

 

lxxxvi Yoram Dinstein, War, Aggression and Self-Defence (3rd ed.), Cambridge: Cambridge University Press, 2001, p 109.

 

lxxxvii George Orwell, Nineteen Eighty-Four.  London: Penguin, 1983, p 26.

 

Iraq: Stop The Massacre of Anbar’s Civilians

Standard

genocide-paper

The website The International Initiative to Prosecute US Genocide in Iraq is calling for endorsements for the following statement here: http://usgenocide.org/2014/iraq-stop-the-massacre-of-anbars-civilians/

Iraq: Stop the massacre of Anbar’s civilians!

Please endorse, share and distribute (See below)
Date: 18 February 2014

IRAQ: STOP THE MASSACRE OF ANBAR’S CIVILIANS!

Maliki’s use of the army against the civilian population of Anbar constitutes the defeat of the policies Iraq has been following since 2003 and cements the divorce between the people of Iraq and the current sectarian government.

This new round of bombing has already produced 300,000 displaced, adding to the tragedy of the millions of Iraqi citizens already displaced by the failed and brutal US occupation.

While states are legally obliged to refrain from assisting other states to undertake internationally criminal acts, the United States is upping its supply of arms and military advisors to Iraq, along with intelligence cooperation. A new US “Surge” is in the making and will only bring more death and destruction.

Maliki’s government cannot wantonly kill civilians and claim a “State of Law”:
— Collective punishment is illegal under international law.
— Shelling water and electricity facilities, religious buildings, and hospitals are war crimes and crimes against humanity.
— The scale and target of the Maliki military strikes and shelling is utterly disproportionate and illegal and criminal in the face of the legitimate demands of the Anbar tribes.
— The lack of proportionality itself constitutes a war crime and crime against humanity.
— It is paramount for people everywhere to mobilise now to save Fallujah’s and Anbar’s civilians, understanding that their suffering mirrors the impact of the fascist sectarian regime that the US occupation created.

We appeal to all individuals of conscience, to all those who support human rights, to all progressives who believe in democracy and the right to self-determination, to the UN Security Council, to the president of the UN General Assembly, to members of the UN General Assembly, to the European Commission and member states, to the European Parliament and peoples, to Islamic and Arab states and people and their organisations, and to all human rights, anti-war and civil society organisations to:

1. Order the Iraqi government to stop its use of wanton shelling, air force attacks, and heavy artillery against the civilian population in keeping with the responsibility of states to protect civilians under the provisions of the Fourth Geneva Convention and its additional protocols.
2. Constitute an independent investigative committee to document the war crimes and crimes against humanity committed in Anbar and submit its findings to the International Criminal Court.

Abdul Ilah Albayaty
Hana Al Bayaty
Ian Douglas
Eman Ahmed Khamas

We call on all to join us, sign and spread this appeal. To endorse, email to: hanaalbayaty@usgenocide.org

Abdul Ilah Albayaty is an Iraqi political analyst. Hana Al Bayaty is an author and political activist. Ian Douglas is an independent political writer who has taught politics at universities in the US, UK, Egypt and Palestine.

Related Posts

I endorsed the statement with the following text:

I am writing to endorse your statement condemning state violence against civilians in Anbar. My name is Kieran Kelly. I have a Master’s degree in history from Massey University in Aotearoa/New Zealand. My Master’s thesis placed the Iraq Genocide in the context of prior genocides committed by the US under the guise of military actions. I consider the current violence in Iraq to be the direct result of deliberate and systematic policies of destruction aimed at the people of Iraq as such. Both the intentionality of these acts and their links to current divisions within Iraq are amply demonstrated by frequent references by US officials to the desirability of fostering division or even partition along sectarian and ethnic lines in Iraq. In line with these stated policies the actions of US forces in Iraq – though seemingly “mishandled” in the normal politico-military sense – efficiently implemented policies which inflicted economic, social, cultural, religious, and physical destruction. This included inflicting massive direct and indirect mortality; fostering eliticidal violence against academics; disruption and degradation of health services; ecocidal pollution with toxic and radioactive materials; and generating communal strife, division and violence.
The current violence does not merely threaten a subsidiary genocide against Iraq’s Sunni population (as suggested by Struan Stevenson) but also is an expression of the ongoing US genocide embodied through their material and political support for the Maliki regime’s divisive, oppressive and violent policies. The fact that the US is also inevitably channeling arms and money to Islamist opponents of the Baghdad regime (through its destabilisation programme in Syria) only serves to illustrate that it is the Iraqi people who are the target, not particular segments or formations. A strong Iraqi people (whether unified democratically or under brutal force) is inherently antithetical to US imperial interests. The objections they raise to putatively objectionable political or religious ideologies (and also their denunciations of leaders as being equivalent to Hitler) are simply rationalisations for morally unacceptable imperial policies including genocidal policies which inflict mass deaths.

“Collateral Murder”: Evidence of Genocide

Standard

In Iraq, you can’t put pink gloves on Apache helicopter pilots and send them into the Ultimate Fighting ring and ask them to take a knee. These are attack pilots wearing gloves of steel, and they go into the ring throwing powerful punches of explosive steel. They are there to win, and they will win.” Lt. Col. Chris Wallach

The video known as “Collateral Murder” is strong evidence of genocide being carried out by the US against the people of Iraq. Hidden in the horrors of its brutality is a rich historical record revealing an armed force which systematically targets and kills non-combatants. The events shown are war crimes violating the principle of non-combatant immunity in numerous clearly illegal ways including attacking those rendering aid to the wounded. They are also evidence of genocide because there are clear indications that these war crimes are representative of enshrined procedures. They indicate that the ambiguities of the US Rules of Engagement mandate the systematic mass murder of civilians when applied by US personnel. They indicate something of a tactical, strategic and doctrinal approach that radically violates the fundamental obligations to distinguish between civilians and enemy personnel and the combatant status of enemies. Finally they indicate something about the way in which the US indoctrinates its personnel in a way guaranteed to create murderers.

Lt. Col. Wallach was the commander of the aircrew. He recently said: “Ultimately, my combat pilots at the scene did the best they could under extreme and surreal conditions.” However, we now know that the only incident to occur before we are able to see what is occurring was a report of small arms fire being heard. If there is a surreal aspect to any of this it comes from the minds of the aircrew and those who command both air and ground forces. I am going to go through exactly what it is that the gun camera footage shows. It shows a massacre of non-combatants, followed by the murder of rescuers, and finally a more obscure sequence which definitely involves another murder of rescuers.

Former US Secretary of Defense Robert Gates said of this footage: “You’re looking at a situation through a soda straw, and you have no context or perspective.” Therefore, after describing exactly what is shown, taking into account exactly what is known and exactly what is not known from the footage, I will provide that context that Gates calls for. But the context does not, or should not, counter what our eyes and ears reveal to us. On the contrary, the very evidence that apologists like Gates and Wallach produce to show that the aircrew were legitimate in their actions is in fact evidence that their behaviours are not isolated. This is very strong evidence that by the manner in which, in practice, the US defines “hostile intent”; the manner in which it practices its doctrine of “force protection”; and the manner in which it indoctrinates and situates its forces, the US was systematically murdering non-combatants. In this case killing non-combatants inextricably means killing civilians. Placed in the context of more than two decades of direct and indirect destruction of Iraq in social, political, biological, economic, cultural, ecological, and physical terms, this systematic killing is clear and compelling evidence of genocide. Those who insist that this is merely warfare join the vast ranks of genocide perpetrators, deniers and apologists who insist that other genocides were warfare with inevitable, if regrettable, instances of civilian death.

As I have written elsewhere, all of the common claims of genocide deniers are regularly applied to US “military” actions, but they tend to be overlooked as they are so pervasive that they are seldom examined or challenged. Ultimately denial of US genocide relies on people having a vague notion that genocide involves actions like the mass gassings at Nazi death camps. But the word genocide was coined by someone who did not know at that time about the mass gassings and who applied the word to far more that the Nazi project to exterminate Europe’s Jews.

Genocide??

So, what exactly is genocide? The man who coined the term, Raphäel Lemkin, was a Polish Jew and a legal scholar. Impelled by knowledge of the Armenian Holocaust as well as the history of state sanctioned or controlled pogroms against Jews, Lemkin devoted much of his life to understanding mass violence against ethnic populations. In 1933 he proposed that there be an international law which, among other acts, prohibited acts of “barbarity” and “vandalism”. “Barbarity” was conceived as violence against members of a “collectivity” on the basis that they were of that “collectivity” and “with the goal of its extermination”. “Vandalism” was the destruction of the “cultural or artistic heritage” of a “collectivity … with the goal of its extermination”.

The German occupation of most of Europe was the horrific crucible in which Lemkin synthesised “vandalism” and “barbarity”. He recognised a greater process of which they were both part – the process he called “genocide”. Genocide was “a war not merely against states and their armies but against peoples.” Extermination, or the intent to exterminate, was no longer a requisite. The occupant could impose a “national pattern” onto the land, once it was cleansed by killing or forced migration, or onto the people themselves. And despite knowing that Europe’s Jews were slated for complete annihilation, Lemkin’s examples of genocide included such things as forcing the people of Luxembourg to take German names. His most common exemplar of genocide was the treatment of Poland – a comprehensive and systematic genocide in which killing people was only one of many forms of genocidal destruction.

I think it is important that we realise that the fluidity of identity does not allow for actual extermination to be undertaken as a project. Genocide is a schizophrenic undertaking full of bizarre contradictions such that it cannot truly be said that the Germans attempted to exterminate the Jews, or even Europe’s Jews. The Germans had immense difficulties in even defining who was Jewish for a start. They said Jews were a “race” but ultimately they relied on confessional identification to define them. As Yehuda Bauer wrote: “One can see how confused Nazi racism was when Jewish grandparents were defined by religion rather than so-called racial criteria.”(1) As well as the fact that many with Jewish heritage would inevitably successfully evade detection, in the Nuremburg Laws (and later when deciding who to kill at Wannsee), exemptions were made on various criteria, such as being a decorated war hero. However defined, there were Jews in the German military(2) and there were Jewish civilians living unincarcerated in Berlin when Soviet troops arrived.(3)

Mischling exemption application

“Half-Jew” Anton Mayer. Such photos accompanied applications for “exemptions”.

So, as the Genocide Convention outlines, genocide is an attack on people, rather than states, with the “intent to destroy in whole or in part, a national, ethnical, racial or religious group, as such….” Lemkin referred to these collectivities as having a “biological structure”. There is a genetic interconnection involved here, but that does not mean that Lemkin believed in Nazi racial theories or any racist or racialist notions. The most evident proof of this is the inclusion in both his own work and in the Genocide Convention the practice of “transferring the children of the group to another group”. If genocides were truly about racial hygiene and racial hatred that would hardly be a recognised component, would it?

If it is not about race, then what is it about? Though he never articulated it, the answer stared Lemkin right in the face and he obviously grasped it at an unconscious or intuitive level. If we refer to one of these collectivities as a genos, what ties the genos together is not “biological interrelation” but rather personal interconnection and, most particularly, familial interrelation.

Genocide is about Power not Hatred

I want to outline a simplified cartoon narrative, just to illustrate a point: In feudal Europe mass violence was used in acts of war or banditry which were only distinguishable from each other by scale and the rank of participants. A Baron might conquer the demesne of another Baron just as one King might conquer the realm of another King. In relative terms the peasants of the demesne or the realm might have had very little concern over who exactly ruled. The change in rulers would not be akin to a foreign occupation as we would currently understand it. By the time of Napoleon, however, it was beginning to be a little different. People had started to develop a national consciousness. The national genos associated itself with a territory of land and aspired to a nation-state polity based on that (often rather generous) sense of territorial entitlement. By 1871, the inhabitants of Alsace-Lorraine were quite unhappy at being made German. Nationalism would become the dominant political ideology for the entire twentieth century. The multinational and largely interchangeable feudal ruling class was gone. This was not an unprecedented situation, but it was something that Europe had not faced for since the times of Charlemagne (well, in reality it had, but I’m still in cartoon generalisation mode here, so bear with me).

There are many ways in which an external imperial power might exercise hegemony over the territory of a national genos in various ways, but they are limited by the strength of national feeling and, perhaps more importantly, the hegemony cannot be stable because national sentiment might at any time cohere around demands for the end to imperial hegemony. A transnational quasi-imperial system of governance has arisen specifically to limit economic sovereignty, for example. There are good arguments to be made that this is in itself genocidal and that the poorer nations of the world are subject to “structural genocide”. The carrots and sticks of global governance, however, do not apply to nation states that are reasonably populous, but more generously resourced, with a strong potential for industrial development. If they have a national consciousness that does not allow foreign dominance, which includes rule by those who are not loyal to the national genos, then there is no military way of establishing dominance. It is not the sovereign that is the problem, it is the people, hence the recourse to genocide.

War or Genocide?
If genocide is “war against peoples” how can it be distinguished from normal war? If we go back to German conquests in World War II, it is quite easy to distinguish between primarily military operations in the West and the largely genocidal actions in the East. The conquest and occupation of Western Europe was undeniably brutal but (leaving aside the genocide of Jews and Roma) German actions, including the killing of innocents, were taken as a means of countering physical threats to German forces. In the East, by contrast, inflicting starvation was more for the purposes of cleansing land of unwanted inhabitants than for feeding German troops. Security was the excuse for massacres, not the reason for massacres. When armed resistance began behind the advancing German front in the East, Hitler himself said: “This partisan war has its advantages as well. It gives us the opportunity to stamp out everything that stands against us.”(5)

As a general rule of thumb, then, one might look at a conquest and occupation and ask: does this more resemble what the Germans did in Belgium or what they did in Poland? For anyone acquainted with the comprehensive and widespread nature of destruction inflicted on Iraq during the occupation – destruction which was economic, political, cultural, moral, intellectual, social and environmental as well as physically deadly to Iraqis – the answer is all too clear. More Poles died than Iraqis, but to say of that the US occupation of Iraq was not as bad as the German occupation of Poland is to say very little indeed. The Germans wanted to go much further in a shorter time than did the US. They wanted to extinguish Poland as an entity. In contrast the systematic destruction of Iraq began 23 years ago with sanctions and bombing. 7 million Poles died in less than 6 years – most were killed directly. Around 2.5 million Iraqis have died, perhaps more – roughly half through violence and half through malnutrition and disease. Despite this, the similarities are more striking than the differences. Much like the German view of Poland, US policy elites (such as Joe Biden, Peter Galbraith and the Council on Foreign Relations) openly talked of “the end of Iraq” – proposing a partition which would be the destruction of Iraq as a nation-state.

What does the Collateral Murder Video Reveal?
Along with the bigger picture of comprehensive and manifold destruction that is the Iraq Genocide, it is possible to see indications of genocide at a smaller scale. If there are two types of war – genocide and military war – then which sort involves the systematic killing of civilians? The Collateral Murder video leaves many unanswered questions, but one thing it does show is that the killing that occurs is indicative of more widespread behaviours.

1) Are the Victims Combatants? Are they Armed?
The footage we see is from one of two participating Apache helicopter gunships. The call-sign of the gunship, or rather its “Aerial Weapons Team”, is Crazy Horse One Eight. The voice of the gunner who shoots is distinguishable throughout. He is controlling the gun camera and we can see what he sees. Further, it is clear from the fact he refers to things indicated by his sights that someone else, presumably the pilot, is seeing the same video feed and using it to make judgements. This is very important because the viewer can tell that they did not make a positive identification of weapons when initially claimed as, even with the benefit of going through one frame at a time, it is not possible to make a positive identification of weapons. It is also possible to tell that they are lying frequently about what they can see.
vlcsnap-2013-10-14-14h27m37s122vlcsnap-2013-10-03-12h12m14s124

Our first view of the first group of victims (Pic 1) shows over a dozen men who are clearly acting in a casual manner. In general they are progressing but here is also milling and conversation going on amongst them. Two of them have visible shoulder straps. These are from cameras and they look like cameras considerably more than they look like weapons. They identify one other “weapon” which is inflated to the claim that there are “five to six” armed individuals. Pic 2 and the frame immediately preceding it show a long object that could easily be mistaken for an RPG (rocket propelled grenade launcher). However this is not what the gunner will later claim is an RPG and having viewed the entire footage it seems almost inconceivable that the object is in fact an RPG.
vlcsnap-2013-10-03-12h27m46s82
vlcsnap-2013-10-03-12h23m03s22
In Pic 3 we can see the object that the gunner claims is an RPG. It is a camera. It looks a lot more like a camera than an RPG. The reader is invited to review the footage starting at about 00:02:30 and determine whether they think it is feasible that the gunner has made a “positive identification” as required by the ROE (rules of engagement). As for the long object that looked a little like an RPG we can see in Pic 4 that it is now being used like a crutch. In our next fleeting glimpse it looks fairly insubstantial, lending some credence to the speculation that it might actually have been a tripod. There is no visible RPG tube later. Mention is made by ground forces that they believe there might be an RPG round under a body, but bear in mind the only claim that there was an RPG was of something we know for certain was a camera. Further, if it had been an RPG it would pose no threat to the gunship which was far beyond its effective range and too fast to be effectively targeted by a weapon designed for use against armoured ground vehicles. One writer described it as like trying to hit a wasp with a slingshot. And then there is the unexplained statement by the gunner: “Yeah, we had a guy shooting – and now he’s behind the building.” Someone responds as if he was referring to something else (30 minutes earlier small arms fire was heard in the area but its source never identified – that is the only evidence of hostile activity in the area at this point) but the context seems to suggest that he is saying that the “guy shooting” was journalist Namir Noor-Eldeen who may well have been “shooting” his camera.

An hour after these events we do see armed individuals – after an unexplained 30 minute gap in the footage. Before I turn to that, however, I would like to turn to the elephant in the room which seems utterly absent from discussions of whether or not the group of victims carried weapons – that is the fact that so many are quite clearly unarmed.
vlcsnap-2013-10-08-14h26m12s79
vlcsnap-2013-10-14-16h35m29s115

Pics 5 and 6 show armed men. The two men in pic 6 are not visible for very long, but one in particular is so obviously armed that it is quite unmistakeable. Likewise with the US personnel in pic 5. Uniforms aside, the fact that they carry long arms is very distinct. The demeanour and behaviour is clearly different also. The visibly armed men in both instances move in a purposeful manner, often briskly, and they pay attention to those in front. When Namir Noor-Eldeen was aiming his camera lens at the gunship his companions were just standing around having a chat. The gunships were clearly both seen and heard by the men. The gunner who will soon murder these men is quite able to see that they are in no way preparing for an engagement. Though two carry cameras and one a long object, it is clear that all others are plainly unarmed. Here is the ICRC’s (International Committee of the Red Cross) one sentence heading describing “Chapter 1, Rule 1” of customary International Humanitarian Law: Rule 1. The parties to the conflict must at all times distinguish between civilians and combatants. Attacks may only be directed against combatants. Attacks must not be directed against civilians.”
vlcsnap-2013-10-05-14h03m41s218
vlcsnap-2013-10-08-16h32m22s42
In the second attack the two armed men from pic 6 seem to have entered a building. After that this is heard from the gunner [G] and what is almost certainly the pilot [P] of Crazy Horse 18:

31:21 (add 26 seconds to get time on Wikileaks video) …[P] So there’s at least six individuals in that building with weapons.

31:30 [G] We can put a missile in it.

31:31 [P] If you’d like, ah, Crazyhorse One-Eight could put a missile in that building.

31:46 [P] It’s a triangle building. Appears to be ah, abandoned.

31:51 [G] Yeah, looks like it’s under construction, abandoned.

31:52 [P]Appears to be abandoned, under construction.

31:56 [P] Uh, like I said, six individuals walked in there from our previous engagement.

The footage shows nothing of these armed men in the building. The entrance is obscured for 30 seconds and then the gun camera is pointed at the sky for a further minute. When it swings back we see two unarmed men entering the building. Moments later (pic 8) we see another unarmed man walking in front of the building just before the first hellfire missile hits where he stands. 

2) Targeting Rescuers

Rescuers are specifically targeted in the first engagement and seem to be specifically targeted in the second. In the second the footage shows three rescuers (indicated by arrows in pic 9) have arrived after the first missile strike. The gun camera swings away before the second missile is fired. (The camera shows a rectangular reticule while a round dot seems to indicate the point at which the weapon systems are aimed. These are kept aligned at most times but it is very interesting to trace the separation and realignment of these that occurs during this second engagement. It certainly seems conceivable that the camera is deliberately trained away from the aim point of the weapons at times in order to conceal visible events.) While target is out of view we hear:

36:49 Firing.

36:53 There it goes! Look at that bitch go!

36:56 Patoosh!

37:03 Ah, sweet.

37:07 Need a little more room.

37:09 Nice missile.

37:11 Does it look good?

37:12 Sweet!
vlcsnap-2013-10-08-16h36m39s65
vlcsnap-2013-10-08-13h55m59s123
Pic 10 shows some people who were passing and tried to rescue the wounded Reuters worker Saeed Chmagh. A man runs ahead of the van to the victim. Never at any stage do any people or the van give any indication that they are approaching the dead, and yet:
07:07 Yeah Bushmaster, we have a van that’s approaching and picking up the bodies.

07:14 Where’s that van at?

07:15 Right down there by the bodies.

07:16 Okay, yeah.

07:18 Bushmaster; Crazyhorse. We have individuals going to the scene, looks like possibly uh picking up bodies and weapons.

07:25 Let me engage.

07:28 Can I shoot?

07:31 Roger. Break. Uh Crazyhorse One-Eight request permission to uh engage.

07:36 Picking up the wounded?

07:38 Yeah, we’re trying to get permission to engage.

07:41 Come on, let us shoot!

07:44 Bushmaster; Crazyhorse One-Eight.

07:49 They’re taking him.

07:51 Bushmaster; Crazyhorse One-Eight.

07:56 This is Bushmaster Seven, go ahead.

07:59 Roger. We have a black SUV-uh Bongo truck [van] picking up the bodies. Request permission to engage.

08:02 Fuck.

08:06 This is Bushmaster Seven, roger. This is Bushmaster Seven, roger. Engage.

08:12 One-Eight, engage.

Note firstly that they are being dishonest when talking about “bodies and weapons” but that the pretence is fairly thin. When asked “Picking up the wounded?” the voice I have identified as [P] replies “Yeah, we’re trying to get permission to engage.” Then the gunner’s voice says with some agitation, “They’re taking him.” They know full well that they are targeting innocent rescuers and others who hear their radio discussion must also have known.

To properly contextualise this we should look at the US propensity for “double tap” strikes. In it’s use of drones the US has for years been conducting delayed second strikes on targets for the express purpose of killing to who attempt to rescue or treat the wounded. These practices have continued until now despite massive negative publicity, and despite the fact that such actions are war crimes.

This practice can be further contextualised. The sanctions imposed on Iraq caused very, very serious degradation to Iraqi health system, including the hospital system. This worked in conjunction with the malnutrition caused by the sanctions and caused hundreds of thousands to die prematurely, particularly infants and children. During the occupation the degradation of Iraq’s hospitals continued even further. Dahr Jamail produced a report in 2005 that detailed a shocking situation. The ability of the Iraqi medical establishment to attend to the urgent needs of the Iraqi people was abysmal. Most of the urgent medical needs were caused by US actions and the near total disablement of Iraq’s health system was also caused by US actions. Among those who were unable to access adequate care were those wounded by the US. Among the most prominent, and certainly most dramatic, causes of degraded medical care were direct attacks on medical personnel, on clinics and hospitals, on ambulances and on civilian rescuers.

It seems clear from the audio of Collateral Murder that it is normal to target rescuers. Even though the rescuers in the van were nothing but people stopping to help, and the aircrew had no reason to think otherwise, they are clearly transformed into combatants in the delusional world of the gunner, particularly when he utters those chilling words: “Well it’s their fault for bringing their kids into a battle.”

3) “Delightful Bloodlust”

The pretrial testimony of Bradley Manning (now Chelsea Manning), which was smuggled out of a courtroom in May 2013, became most noted for the phrase: “delightful bloodlust”. It is an unusual usage and clearly Manning wished to make people think about what he was saying and to draw attention to the “delight” shown by the killers. There is delight shown. There is eagerness to kill and there is pleasure shown at killing the completely helpless victims. But there are also notes of strain and mental compulsion. The transcript printed above clearly shows the extreme agitation that having to wait for permission to kill more people causes. One can certainly here it in the gunner’s voice when he says “Come on, let us shoot!” In the minutes preceding this is a sequence of events which even more clearly show the “delightful bloodlust” of the Aerial Weapons Team.

Perhaps the most harrowing and disturbing part of Collateral Murder is not either of the times where we can see them mowing down innocent civilians, nor the two visible instances of missiles exploding and killing what seem to be innocent civilians, but the time the camera spends tracking a wounded victim – Reuters worker Saeed Chmagh. The speakers exaggerate when they say he is crawling. What we see is someone too badly wounded to crawl. His suffering is so readily apparent, like his helplessness and his desperation, that it is shockingly offensive when we here:

06:33 Come on, buddy.

06:38 All you gotta do is pick up a weapon.

What weapon do they expect Saeed Chmagh to pick up? How could they possibly expect someone too badly hurt to even crawl to pick up a weapon? What do they suppose he would do with a weapon? If you ask these questions you begin to realise the degree to which gunner is subject to an irrational delusion. He is unable to see a human being. If he saw a human being he would immediately realise that a human being in that state, and in those circumstances, is not going to pick up a weapon no matter how hard you wish him to do so. He might just as reasonably been begging for him to turn into a twelve-point buck. What the gunner sees is a target. He wants to kill the target because he has been trained to believe that is the most meritorious act possible – one which will earn him applause from superiors and peers, and bounteous admiration, if not envy, from the civilian community back home. In order to be able to kill the target the must be able to indicate that certain criteria have been met.

The US has long sought to create military personnel who kill discriminatingly but without volition. In World War II US studies led by Brigadier General S. L. A. Marshall found that only 15 to 20 per cent of riflemen would fire at the enemy in an engagement:

And thus, since World War II, a new era has quietly dawned in modern warfare: an era of psychological warfare — psychological warfare conducted not upon the enemy, but upon one’s own troops. Propaganda and various other crude forms of psychological enabling have always been present in warfare, but in the second half of this century psychology has had an impact as great as that of technology on the modern battlefield.

When S. L. A. Marshall was sent to the Korean War to make the same kind of investigation that he had done in World War II, he found that (as a result of new training techniques initiated in response to his earlier findings) 55 percent of infantrymen were firing their weapons — and in some perimeter-defense crises, almost everyone was. These training techniques were further perfected, and in Vietnam the firing rate appears to have been around 90 to 95 percent. The triad of methods used to achieve this remarkable increase in killing are desensitization, conditioning, and denial defense mechanisms. (6)

The result of the strength, intensity and sophistication of US military indoctrination is to make US personnel into killers and the sort of military code which other nations historically use (not necessarily successfully) to prevent their killers from becoming murderers is largely absent. The US military does not mandate killing innocents, instead it redefines the concepts of innocence, of combatant status, and even of civilian status. For example, in 1969 the top US commander in Viet Nam, Gen. William Westmoreland, claimed that absolutely no civilians had ever been killed by the US in designated free-fire zones, because no-one in a free-fire zone was a civilian, by definition.(7) In Iraq the most disturbing manifestation of this must be the use of the term “bad guys”. This is infantilisation taken to the point of complete insanity. This all-pervasive term (used throughout the chain of command, and used in official documents) maintains the projection of a Hollywood narrative onto real events of violence and, perhaps more importantly, means that personnel do not have to reflect on the nature of their victims.
This is the opening paragraph of the introduction of Chris Hedges and Laila al-Arian’s book Collateral Damage:

Troops, when they battle insurgent forces, as in Iraq, or Gaza, or Vietnam, are placed in “atrocity-producing situations.” Being surrounded by a hostile population makes simple acts such as going to a store to buy a can of Coke dangerous. The fear and stress pushes troops to view everyone around them as the enemy. The hostility is compounded when the real enemy, as in Iraq, is elusive, shadowy, and hard to find. The rage soldiers feel after a roadside bomb explodes, killing or maiming their comrades, is one that is easily directed over time to innocent civilians, who are seen to support the insurgents. Civilians and combatants, in the eyes of the beleaguered troops, merge into one entity. These civilians, who rarely interact with soldiers or Marines, are to most of the occupation troops nameless, faceless, and easily turned into abstractions of hate. They are dismissed as less than human. It is a short psychological leap but a massive moral leap. It is a leap from killing—the shooting of someone who has the capacity to do you harm—to murder. The war in Iraq is now primarily about murder. There is very little killing.(8)

There are two things that must be added to that. One is that the US military is very good at making its personnel want to kill. Killing becomes a matter that defines the identity of the GI. In the US military culture the combatant identity and, to be frank, the sense of manhood is linked to killing. Acts of killing are, as mentioned, lauded and rewarded with everything from badges to beer to R and R leave passes. Commanders, like General Mattis, tell personnel such things as: “It’s fun to shoot some people. You know, its a hell of a hoot. I like brawling. You go into Afghanistan, you got guys who slap around women for five years because they didn’t wear a veil. You know, guys like that ain’t got no manhood left anyway. So its a hell of a lot of fun to shoot them.”(9) The results can be seen in reports such as Neil Shea’s “Afghanistan: A Gathering Menace” which shows a norm of violent, racist and angry men among whom mass murderers are bound to arise. Even back in the US the prevalence of serious violence is alarming. In 2009 David Philipps investigated an infantry brigade stationed in Colorado Springs whose murder rate was 114 times as high as that of their community (he also published a book on the brigade in 2010).

More important even than the strong desire to kill is the fact of the “atrocity producing situations” in which US personnel are placed. The term was coined by Robert Jay Lifton with regard to US actions in Indochina. Naturally it has lent itself incredibly well to biased apologism. If a Japanese psychiatrist had implied that Japanese atrocities in China had been “produced” by “situations” it would undoubtedly be condemned. In fact at the individual level it is the situational factors more than the indoctrination that cause personnel to commit murders and other atrocities but, just as with military mass rape, the most important thing to understand is that these situations don’t simply arise but are created by doctrine and strategy and shaped by tactical practices. Both Japanese and US personnel were immersed in “atrocity producing situations” because the “military” strategy pursued in Manchuria, China, Indochina, and Iraq was a genocidal strategy.

US practices have ensure that US personnel are as alienated from the civilian population as possible. The dividing lines between civilian and combatant are deliberately and systematically blurred. They are manipulated into a sense of enmity with the local population. Threats are more prevalently defined in racial, ethnic, national, political or religious terms rather than military status (which might include arms, training, rank, or membership in a given military or paramilitary formation). No areas, or few areas, outside of bases are made secure from attack. The result is that the entire occupied country of people homes and farms and workplaces becomes viewed as a battlefield and all the people of it become threats. Far from the traditional approach of military organisations seeking to quell or overcome fear, the US military seeks to enhance fear and to channel using “reactive firing”. The fearfulness of US personnel was one of the things that Iraqi’s found surprising and noteworthy. Even US reporter Dahr Jamail wrote that he “marvelled at how scared they were, despite being the ones with the biggest guns.”(10)

Along with the irrational fear was the very real fact that US personnel were often gratuitously put into circumstance where they really were risking their own lives if they were not prepared to kill civilians. For example, they might be deployed to unmarked traffic control points (TCPs) which civilians had great difficulty in even being able to see (imagine how easy it would be at dusk to miss the presence of personnel in camouflaged uniforms at an unmarked TCP) but at the same time left the US personnel extremely vulnerable to suicide bomb attacks.

Fear may or may not be considered a factor in the actions of the murderers in Collateral Murder but it does shape the situation in which they are acting. The US doctrine of “force protection” is explained as being a result of the extreme US aversion to casualties.(11) (I should further refine this to say aversion to battlefield casualties. The US is not averse to producing its own psychological casualties or toxicological and radiological casualties. There widespread exposure to Agent Orange in Indochina, and in the “Gulf War”, when the US had 114 personnel killed by enemy action, an utterly astronomical 250,000 of 697,000 who served contracted Gulf War Syndrome. Apart from exposure to burning oil wells the causes of Gulf War Syndrome, which are understood to be multiple, are the result of US actions. A recent report has detailed the horrific impact of the reckless use of burn pits by the US military which once again illustrates a fundamental lack of concenr for the health and wellbeing of their own). The US officials and commanders may genuinely fear the negative publicity that battlefield casualties might cause, but the actual doctrine of “force protection” becomes a blatant war crime in its application:

A reactive, ‘‘kinetic’’ strategy has lowered the threshold for the use of violence and, in many cases, transferred risk from soldiers to civilians. Particularly in areas designated as hostile, hard-charging house raids, belligerent street patrols, and tense checkpoints make up for a shortage of soldiers on the ground and direct violence away from soldiers and toward civilians. Defying virtually every theory of counterinsurgency, military officials have pursued force protection even at the expense of mission accomplishment. (12)

Transferring risk from soldiers to civilians is a war crime in itself. If you read, for example, the tactical choices made in the Second Battle of Fallujah under the rationale of “force protection” they become a clearly genocidal when applied in a city that still had many tens of thousands of civilian residents. What now seems most poignant is that not only was white phosphorous use to clear bunkers in “shake ‘n’ bake” fire missions (a war crime) but also depleted uranium munitions were used when there was a belief that armed resistors were using walls for cover. One “lessons learned” report from Fallujah II mandates tactics that would almost amount to annihilating all human life in a piecemeal manner: always fire into every room when clearing and always use fragmentation grenades. Use 120 mm tank shells on all buildings before approach. On any enemy contact, burn the place down or use c4 plus propane to create suffocating fuel-air explosive. Marines also used large numbers of demolition charges and thermobaric weapons which cause “concussions, collapsed lungs, internal hemorrhaging and eardrum ruptures.”(13)

This is the background to the events of Collateral Murder and in it we can see common themes. The first is that the “combat” is not some exchange of violent acts, but a one-sided act. In the past the word “combat” would not have been applied to such actions which, depending on one’s moral stance, might have been described as slaughter, murder, assassination or butchery. The second is that, in practice, the transfer of risk is extreme and clearly criminal. Despite seeing nothing that was definitely a weapon, the gunner “positively identifies” six AK-47s and then “positively identifies” a camera as being an RPG launcher. Following this the crew simply murder outright some people who stop to aid the wounded. Afterwards, those killed were designated as insurgents.

The “hostile intent” or “hostile action” which would trigger killings under the Rules of Engagement (ROE) varied widely, and it is clear that even at the time of Collateral Murder when there was a clear single document of “Rules of Engagement” the practice was far more liberal but also clearly codified (and once again a clear war crime). Veteran testimony demonstrates that “hostile intent” or “hostile actions” could be seen in wearing certain clothes, being out after curfew, carrying binoculars or a camera or talking on the phone. The film The Hurt Locker is an extraordinarily offensive collection of some of the rationalisations under which US personnel murdered civilians, presented as if all of these fantasies were in fact real even when they are clearly ridiculous and risible.

4) Lies

One of the most interesting things about Collateral Murder is the lying that goes on. Initially Wikileaks released an edited version of the footage and enraged opponents released extra footage which “proved” that Wikileaks was distorting reality by omitting those parts which show that the aircrew were responding to serious threats to ground forces who had come under fire. Then Wikileaks released all the footage that they had and it was clear that far from giving a context of armed conflict, the aircrew were just inventing things and saying them on air. We’ve already seen them conjure 6 AK-47’s and an RPG launcher from thin to non-existent visual evidence.

When a van appears they claim it is picking up bodies for no apparent reason. Then apparently they are “picking up bodies and weapons” despite a lack of any indication that they are doing so or that there are actually any weapons to be retrieved. The gunner then seeks permission to fire, perhaps on this basis, and does nothing to correct the distortion that was created even when it is amply clear that the targets are fully engaged in trying to rescue Saeed Chmagh and not collecting bodies nor weapons.

And then there is this:

11:11 Hey yeah, roger, be advised, there were some guys popping out with AKs behind that dirt pile break. 

11:19 We also took some RPGs off, uh, earlier, so just uh make sure your men keep your eyes open.

It is such a bald and bold lie that it almost makes one question one’s own eyes. They seem to be lying to the ground forces, but I’m not entirely certain that that is logical. I believe that the ground forces were close to the scene throughout the previous action and thus would have heard that there was no small arms fire (if that is indeed what was being claimed). As for the meaning of the second line it is ambiguous, clearly, but it is obviously part of the warning. The question is whether the lies are really addressed to the ground troops or whether they are more for the sake of recording for posterity and to aid in future legal situations.

5) Killing Journalists

One of the salient aspects of the loose application of the ROE with regard to “hostile intent” is the fact that it clearly causes disproportionate deaths among journalists. Iraq was the deadliest war ever for journalists. In the first three years 71 were killed, more than the 63 killed in Vietnam, the 17 killed in Korea, and even the 69 killed in World War II. The BRussells Tribunal counts a total of 352 Iraqi and 30 non-Iraqi fatalities among media workers up until December 2012. Other reports suggest less, but all reports agree that the majority were killed in a targeted fashion by unknown groups. I would invite the reader to read analyses such as this report by Reporters Without Borders which states that “at least 16 journalists” were killed by the US and then goes on to give details of 15 presumed killed by the US which does not even count the 3 Al-Jazeera staff killed in April 2003. Given that we know that the US considered actions common to journalists to be evidence of “hostile intent”, given that we can see in Collateral Murder that US personnel will seek and receive permission to engage journalists engaged in reporting, and given that we know the US was behind death squads who were killing dissidents, intellectuals, and inconvenient people, does it seem at all acceptable to state that only 16 (or 22) were killed by the US while 83% of deaths were caused by unknown parties who, despite being unknown, are described as “resisting coalition forces and Iraqi authorities”?

It is much more reasonable to draw the inference that directly or through proxies the US was engaged in an unprecedented series of journalists’ murders. If it should also be true that their enemies (who owe their existence to the US occupation) are also guilty of an unprecedented campaign of journalists’ murders, that does not alter the basic truth about US actions. Given that this is the case, it may be that the gun camera footage is actually showing a targeted murder of media personnel. If you saw the footage with the sound turned off that is exactly what you would conclude is occurring in the first ten minutes. Perhaps, given the amount of lies being told, that is what is deliberately concealed. This would resolve a number of outstanding mysteries. It would explain the desperation to kill Saeed Chmagh, first when begging him to pick up a weapon and then when waiting for permission to engage when he is being rescued. It would explain why the gunner gets so agitated waiting for permission to fire when there seems a possibility that the wounded man might be rescued. It might help explain why the other speaker in the same gunship (whom I think of as the pilot) seems to be censoring himself when he says things such as “This is Operation, ah, Operation Secure” (which sounds as if he had meant to say something different and rethought). It might also give a partial explanation for the circumstances which he was commenting on, the sudden rapid appearance of large numbers of ground forces whom had evidently been in waiting nearby and had been told: “Hotel Two-Six, you need to move to that location once Crazyhorse is done and get pictures.”

If it was an assassination deliberately made to look like something else, then it would certainly make it less valuable as evidence of genocide but I thought it would be irresponsible not to mention the possibility. There are mysteries and questions regarding this footage. One source of uncertainty is the unexplained 30 minute ellipsis. The entire sequence which follows is equally mysterious. We cannot really discern what is occurring but the shot of the two seemingly unarmed men entering the half-built building is suggestive of another possible assassination. They certainly appear as if going to meet someone in the building.

Conclusion

Leaving aside the possibility that this was this footage shows targeted killing missions, what is shown is the application of rules and policy based procedures which involve the murder of noncombatants and the targeting and murder of rescuers. The real context of these event is that after 12 years of genocidal sanctions the US invaded and instituted an occupation regime that furthered instability, made reconstruction impossible, created a violent insurgency and then created a bitter sectarian civil war. Of particular significance is the tactic of attacking rescuers, one which is being applied elsewhere. This is an appalling way of psychologically attacking and traumatising the entire genos terrorising those who would act out of humanitarian impulses and giving the entire population a sense of helplessness and utter impotence. On these counts what is shown is evidence of genocide.

This footage reveals an aircrew for whom mass-murder is part of their job. The gunner is eager to the point of desperation to kill men who pose no evident threat. Put within the context of US military indoctrination and the way in which US practices create “atrocity producing situations” this is also evidence of genocide. This can occur with or without racial hatred. Indeed, the violent racial and religious hostility which exists in the US military (descending from the highest levels) is merely useful for the purposes of genocide in the same way the fanatical nationalism and military chauvinism are useful for the purposes of genocide.

Iraq is potentially one of the wealthiest countries on the planet. It has the longest history of any nation. Before reaching the 10th anniversary of the overthrow of it had exported $100 billion in oil and yet it still struggles with shattered infrastructure. Electricity generation is less than half that which was generated before 1990. It remains unstable and vulnerable. By committing genocide the US empire has effectively quelled a threat to its imperial hegemony for more than a generation. Michael Leunig drew a cartoon that explains exactly how to do it:
Leunig - How to do it

(1) Yehuda Bauer, “The Evolution of Nazi Jewish Policy, 1933-1938,” excerpt from A History of the Holocaust, New York: Franklin Watts, 1982. Reprinted in Frank Chalk and Kurt Jonassohn, The History and Sociology of Genocide: Analyses and Case Studies, New Haven: Yale University Press, 1990, p 345.

(2) There were about 150,000 “Jews” in the German military. The vast majority were “Mischlinge” (“part-Jews” who would be slated for extermination if detected in Poland, for example) were but there were at least a few completely Jewish personnel including at least one who was religiously observant.

(3) Vasili Grossman (a Soviet war correspondent) wrote of: “Thousands of encounters. Thousands of Berliners in the streets. A Jewish woman with her husband. An old man, a Jew, who burst into tears when he learned about the fate of those who went to Lublin.” Illustrating not only the capriciousness of a system of mass murder which saw a higher percentage of German Jews survive than Polish Jews, but also the lingering doubt of knowing but not knowing the fate of “evacuees”.(4)

(4) In this, as in so much else, the German Judeocide serves as an extreme example of the insane schizophrenia common to genocides. Genocide, in its essence, is the province of “shoot then cry”. It is nation building with napalm. For every ten hamlets you destroy you build a well and call yourself humanitarian. It is the madness of starting a “quit smoking” campaign in Iraq in 2004 when US personnel were killing hundreds each day. It is, in Fred Branfman’s words“U.S. Ambassador to Laos G. McMurtrie Godley III… moving happily through a Lao refugee camp, friendly and genial to the survivors of his mass murder…” [from personal email]. Branfman went on to write: “…- one cannot imagine a Nazi acting similarly at Aushchwitz. I do think it’s important to understand the new age we have entered in which human beings are mere blips on a radar screen, of no more importance than cockroaches or flies, to U.S. Leaders.” All true, of course, but the Germans did, in even more grotesque ways, evince the same forms of cognitive dissonance. For example, they made a propaganda film about how good life in the Warsaw Ghetto was. They made anti-Soviet propaganda out of the massacre of Poles in Katyn while they were themselves massacring many more Poles, and anti-British propaganda about the famines which British policies created in India while carrying out the same policies to the same effect in occupied Soviet territory. The German people somehow knew, but didn’t know that Jews were being killed in mass executions. They knew, but somehow didn’t know, about the conditions inside the concentration camps.

Our desire to make the Judeocide somehow unique and totally unrepeatable and unrelated to other genocide is as dangerous as it is understandable. (Not that Branfman is subject to that delusion. He wrote that after witnessing the effects of the bombing in Laos: “Without any conscious decision on my part, I immediately found myself committing to do whatever I could to try and stop this unimaginable horror. As a Jew steeped in the Holocaust, I felt as if I had discovered the truth of Auschwitz and Buchenwald while the killing was still going on.”)

Unfortunately, Branfman is wrong to so distinguish between German hatred and US callousness on two grounds. One is that hatred of coloured people in general and East Asians in particular was not in short supply. Anti-Semitism has deep roots, but white supremacy is powerful, sharp and so prevalent that it goes almost unnoticed. Hatred of “Gooks” had been further inflated by the Phillipines War, the brutal Pacific War, and the Korean Genocide. The second is that hate, whether in the Judeocide or in the Indochina Genocide, is of secondary importance. Those who actually undertook to kill millions of Jews, the actual planners of the Endlösung (“Final Solution”) took the same attitude as those who killed hundreds of thousands of Laotians. They pursued concrete strategic objectives (as they phrased things) and the Jews were no more than inconvenient unpeople. The public rhetoric of extermination expounded by Hitler and other German leaders seems ultimately to have little proven concrete relevance to high level policy. One of the most chilling realisations I have ever had is that from the outside there is nothing much to distinguish those who plan the systematic mass killing of civilians by high-altitude bombardment and those who plan the systematic mass killing of civilians by gas. I don’t want to overstate this (there is certainly room to infer a different mental state among Nazi mass murderers) but for me there is no longer the comfort of believing that if we avoid trappings like brown-shirts, the Fuhrerprinzip and militarised mass rallies we are safe from committing crimes akin to those of the Third Reich.

(5) Geoffrey P. Megargee, War of Annihilation: Combat and Genocide on the Eastern Front, 1941, Lanham: Rowman and Littlefield, 2006, p 65.

(6) Dave Grossman, On Killing: The Psychological Cost of Learning to Kill in War and Society. New York, Boston: Back Bay Books, 1995, p 251.

(7) James William Gibson, The Perfect War: Technowar in Vietnam, New York: The Atlantic Monthly Press, 2000 (1986), p 135.

(8) Chris Hedges and Laila Al-Arian, Collateral Damage: America’s War against Iraqi Civilians, New York: Nation Books, 2008, p viii.

(9) Thomas E. Ricks, Fiasco: The American Military Adventure in Iraq, London: Penguin, 2007, p 409.

(10) Dahr Jamail, Beyond the Green Zone: Dispatches from an Unembedded Journalist in Occupied Iraq, Chicago: Haymarket Books, 2007, p 48.

(11) Andrew J. Bacevich, The New American Militarism: How Americans are Seduced by War, Oxford: Oxford University Press, 2005, p 58.

(12) Thomas W. Smith, “Protecting Civiliansor Soldiers? Humanitarian Law and the Economy of Risk in Iraq”, International Studies Perspectives(2008) 9, p 145.

(13) Thomas E. Ricks, Fiasco: The American Military Adventure in Iraq, London: Penguin, 2007, pp 403-4.

Keep Your Guard Up: Why the World Should Not Relax Over Syria

Standard

Though apparently thwarted in its efforts to justify action against Syria, the US is likely to continue looking for cracks in the wall of opposition and will exploit any opportunity to act, relying on its well established impunity.

Image

Two Superpowers and Two Toadies

By early 2003, fear of the United States had reached remarkable heights throughout the world, along with distrust of and often loathing for the political leadership.”

Noam Chomsky, Hegemony or Survival, 2003.

In 2003 Noam Chomsky was one of those who embraced the idea that there are two superpowers in the world – the United States and world public opinion (WPO). Clearly it was the US that won the fight in 2003, but there is a sense that things may be different at this time as the two superpowers end Round 1 of a rematch. Unfortunately a sense of difference is all that there is. In matters of substance, there is nothing which we should really take as comforting, and nothing that we can really point to that will ensure a different outcome. One of the most serious problems is the WPO can only block US moves and has no effective way of fighting back. Even if the US finds its fanciest and most energetic combination blocked and foiled it can just dance around jabbing, waiting for an opening to land a serious blow.

It only takes one blow for the US to be declared the winner, and it doesn’t need to be a great one. The killer punch of Colin Powell’s 2003 UN presentation was actually barely felt by WPO, but as WPO stood by helplessly, the US was declared the winner. The problem lies with the two referees of the fight. One is a weedy and unctuous streak of nothing, with the manner of a Peter Lorre character. This is the UN Secretariat (the primary bureaucracy of the UN). Sometimes it defiantly squeaks at the US, berating it for biting and hitting below the belt, but it can always be relied on to ratify victory like the compliant minion that it is. If this seems overly cynical, we should remember that much the same behaviour is displayed by completely dependent puppet leaders installed by the US (such as Thieu and Ky in Saigon; Karzai in Kabul; Rhee in Seoul; Lon Nol; Mobutu; Suharto; and any number of Latin American dictators who have not been averse to appropriating anti-imperialist rhetoric to further the imperial project). Shows of defiance help build the flimsy constituencies of puppet regimes, but also lend credence to US claims that they are independent actors. This is not a jaded view of the UN Secretariat but a realistic one. To illustrate, I need only point out that there is no obligation whatsoever to be amnesiac. The UN Secretariat does not need to pretend that there was no invasion of Iraq, no bombing of Serbia, no invasions of Granada or Panama, no bombings of Laos and Cambodia. Try as I might, I cannot find that part in the UN Charter that reads: “Never mind. What is done is done and there’s no use crying over spilt milk.” In fact, it seems rather hollow to forbid something if, when those warnings and protestations are ignored, you simply roll your eyes. This is not the way the UN Secretariat behaves towards rivals and enemies of the US such as Iran, North Korea and Sudan whose past sins are never forgotten.

Working closely with the UN Secretariat is a dim-witted giant – the UN itself. The United Nations is a collection of member states, and should not be confused with the UN Secretariat. In practice that means that the UN is the governments of those member states. Collectively they make up this lumbering moron that is quite resentful of the US but far more afraid of it. The confused ambivalence of the UN makes quite a contrast with the clarity of WPO. In theory, the UN should reflect the WPO and be in the WPO’s corner. It should untie the WPO’s hands, and then the US would never even dare step in the ring. If the UN had the clarity of the WPO then its fellow referee would be forced to concur on its decisions. But the UN is ensorcelled – rendered stupid by the glamour of meaningless baubles and flattery while genuinely fearful of the unpredictably psychopathic US. The question of the moment is whether the UN is starting to think that the WPO might also be dangerous, and perhaps rethinking its allegiance.

This is Serious Business

I am going to abandon the boxing analogy now, but I must ask why the US feels compelled to go up against WPO. It is not merely some whim, nor a clash of personalities, nor a money-making scheme for Raytheon. Morevover, Obama and Kerry are utterly incidental – as Tony Cartalucci details, specific plans to foment armed insurgency in Syria were set in motion in 2007. Before that Syria was on a “hit list” of 7 countries dating from 2002. There is also no truth in Washington’s claimed motive of humanitarian concern and a self-declared “red-line”. Many, including John Pilger, have pointed out the sheer breathtaking hypocrisy of citing humanitarian concerns by a power which remains, in MLK’s words, “the greatest purveyor of violence in the world”. Others have been specifically enraged by the Obama repeatedly citing the “norms” against using chemical weapons when the US has caused such immense amounts of death and suffering with chemicals such as Agent Orange. For example, Wesley Messamore outlines 10 mass death causing chemical attacks conducted by the US, with US approval, or with US assistance.

In short, US pretensions of humanitarian concern and righteous outrage are a bald-faced and contemptuous deception. Equally, the evinced concern for US credibility is no more than a twisted joke. As I detailed in a recent article, Obama is using language very similar to that used by Richard Nixon in 1970. He explained that the US needed to invade Cambodia otherwise people would think it “a pitiful helpless giant”. Needless to say that any President modelling his words on those of Nixon is truly scraping the bottom of the propaganda barrel. These are rationalisations only liable to persuade the most credulous, the most craven, and the most pious believers in the infallible goodness of the authorities. As indicated in the previous section, this broadly excludes the peoples of the world, but mostly includes their governments.

The stated reasons for US intervention are clearly inaccurate. Here is another explanation given by Daniel Drezner in Foreign Policy:

“To your humble blogger, this is simply the next iteration of the unspoken, brutally realpolitik policy towards Syria that’s been going on for the past two years. To recap, the goal of that policy is to ensnare Iran and Hezbollah into a protracted, resource-draining civil war, with as minimal costs as possible. This is exactly what the last two years have accomplished…. at an appalling toll in lives lost.

This policy doesn’t require any course correction… so long as rebels are holding their own or winning. A faltering Assad simply forces Iran et al into doubling down and committing even more resources. A faltering rebel movement, on the other hand, does require some external support, lest the Iranians actually win the conflict. In a related matter, arming the rebels also prevents relations with U.S. allies in the region from fraying any further.”

This implies that the concern is somehow with Iran and Hezbollah as military powers, but I think security, in that sense, is distinctly secondary. Neither of these parties pose a threat to the US. As to the threat they pose to Israel, US strikes against Syria actually increase that threat immensely. A more realistic realist concern is with Syria itself in petroleum related strategic terms. Nafeez Ahmed outlines the direct interest in gas and oil pipelines involving Syria as well as the wider regional project to control petrochemicals through military force and regime change. If this seems to contradict Drezner’s suggestion that the US is fomenting open-ended deadly conflict, we should remember that oil and gas are strategic resources, not mere commodities. Strategic denial is as important as acquisition of such resources. This means that preventing their exploitation increases the value of other exploitable sources. This was the approach to gold taken by the British Empire, and has been the US approach to oil since 1974 when US client states, Saudi Arabia and Iran, created a sudden 400% rise in oil prices. US destabilisation regionally is already pushing up oil prices which is a big bonus to the likes of Exxon-Mobil and other well connected energy companies. Not to mention the fact that the value of the US dollar and its reserve currency status rely on “interventions” which have become rolling acts of serial genocide. (Some see Syria as the “last line of defense for the US Dollar and the exalted position of OPEC”, but personally I have to think that if it had come to that the US would be seeking to wind down its empire not create an apocalyptic confrontation merely to delay the inevitable.)

To summarise, the plans are old and the stakes are high. I refer to US actions as a rolling serial genocide because it is a war against peoples not their governments or armies, that is the defining characteristic of genocide. The US is systematically fomenting the “bloody civil war”. David Malone, after a detailed 3-part analysis of material/strategic interests, writes of “a dark thought”:

“This is speculation but I think worth keeping in mind. I think certain parts of the US military and intelligence have learned a lesson from Iraq and Afghanistan; that imposing stability is not as easy as they once imagined it might be. Instead Iraq and Afghanistan showed them how a country riven with factions, some of them violent and fundamentalist, can, given enough arms and encouragement, keep a country in a state of barely contained anarchy and chaos for years on end. Just enough order to extract wealth but not enough to ever unify.”

It is a dark thought, but the assertion that the US tried and failed to create stability in Iraq and Afghanistan is simply untrue. The US never attempted to create stability. After more than 12 years of genocidal sanctions on Iraq, the US by direct means did to Iraq exactly what it is doing indirectly to Syria, and in even bloodier fashion. They destabilised, they killed, they destroyed, they poisoned, they unleashed death squads and they deliberately created a civil war. As the list of “failed states” left in the wake of US direct and indirect, overt and covert interventions continues to grow; as the numbers of victims mount and surpass those of past brutal regimes, perhaps it is time for us to shed our denial over the nature of the US empire.

Time is on Their Side

The redoubtable Glen Ford of Black Agenda Report writes that Obama will “soon be back on the warpath, meaner and more aggressive than ever.” That may come to pass, but I am not sure that Obama needs to be more aggressive. The real danger now is that Obama successfully feigns a change of heart and in doing so finesses some form of “authorization” which may be exploited. Historically speaking when the US congress authorised the President to use force in 1964 and 2001, those authorisations were taken as carte blanche for multiple acts of aggression.

Already Obama and Kerry have stated that a credible threat of force is necessary for what they refer to in Orwellian fashion as “diplomacy”. Threats of force are, in fact, illegal under Article 2 of the UN Charter, and one would not normally describe coercing someone into compliance as being diplomatic. There is, however, a relevant precedent. As Noam Chomsky indicated on a recent appearance on Democracy Now! it was the efficacy of threats of force that secured the Sudetenland for Germany in 1938. That too was referred to as diplomacy, and the Germans justified their intervention on humanitarian grounds. But John Kerry has something that Hitler never had – the Munich analogy. He actually said, “this is our Munich moment.” John Kerry gets to justify acting like Hitler by implying that if he doesn’t then Assad will be the next Hitler. If Adolph were around, he’d be green with envy.

Perhaps even more sickening than the Munich analogy is the Obama’s use of the Rwanda analogy. Most people in the world know only the Hollywood version of what happened in Rwanda, as embodied in the film Hotel Rwanda. But the man whose life and actions inspired that film, has said the following about the Hollywood version in a recent interview: “When we hear about this from outside, we take it like something that came out of nowhere and disappeared. The victors, the Rwandan Patriotic Front, told us that it had disappeared, which is not true, because killing, massacres, crimes against humanity, war crimes, kept repeating themselves, not only in Rwanda but also in the Congo.”

Unfortunately Rwanda before 1994 does bear some resemblance to current Syria, for all the wrong reasons. The US backed and armed an unbelievably vicious insurgency which lacked popular support. The insurgent Rwandan Patriotic Army (RPA) was better armed than the actual Armed Forces of Rwanda (FAR). The RPA inverted the normal practices of traditional insurgents who draw on the support of local populations. Instead they conducted a scorched earth, cleansing, refugee generation and mass destabilisation that centred around massacring civilians to create terror. The achieved the same thing through demonstrative atrocities that the US bombing campaign in Cambodia achieved, emptying the best farmland and creating a volatile tinderbox of frightened refugees. Genocide scholar Alan Kuperman studied the RPA and concluded that they deliberately provoked the genocide against their fellow Tutsi. (The RPA was made up of exiled Tutsi and did not scruple to massacre Tutsi themselves if they were in an area which was to be cleansed). After the RPA won, the massacres continued. The Rwandan regime became, according to the Economist “the most repressive regime in Africa”. Over 100,000 people were imprisoned awaiting trial in the year 2000. Speech crimes such such as “negationism” attract sentences of 10 to 50 years. 2 million fled when the RPA secured victory, of whom 500,000 died in neighbouring Zaire/DRC in what a UN team describes as genocide carried out by Rwanda.

So there is the Rwanda analogy for you. Unfortunately I believe it only too plausible that the US sees parallels between the two situations. The US uses Rwanda as an example of the dangers of inaction but it was the US that actually blocked a Belgian initiative that would have prevented the horrific genocide. In both instances the US level of calculation and degree of control make it morally culpable for every death and every injury.

The US is not omnipotent, but it is very powerful, sophisticated and subtle. It cultivates an image of blundering idiocy, just as the British Empire did before it, but it is in a controlling position. The Obama administration needs only one trigger to attack Syria. This could be an AUMF from US Congress, a “multilateral” agreement, or a UNSC authorisation. The administration will try to convince congress that it should authorise force simply to further “diplomacy”. A multilateral agreement need not be from NATO, but could be a defensive pretext involving a neighbour of Syria. The point is that any trigger could be seized upon. US aggression has not been prevented by widespread public anger, at least not directly, it has been stopped by the lack of such a trigger. If you want to know how important world public opinion is to the US empire, look at the 2003 quote from Chomsky at the top of this article. If “fear”, “distrust” and “loathing” were high in 2003 what exactly has the US done to assuage that feeling since? Fallujah? Abu Ghraib? Guantánamo? Libya? World financial crisis? The US acts with complete impunity and as per the boxing analogy, WPO has no way of fighting back. In fact it gets exhausted by the constant assaults – exhausted and distracted.

Any possible excuse for the use of force will be taken much further than stated which is exactly why no one this far has given the Obama administration the excuse it is seeking. The worst would be a UNSC resolution authorising force under Chapter VII. The US clearly misused the UNSC resolution authorising the use of force to protect civilians in Libya. More striking, however, was the resolution authorising force against Iraq passed in 1990 in response to Iraq’s invasion of Kuwait. It was this that was used to justify the genocidal sanctions campaign, the invasion and the occupation of Iraq. What people might not realise is that once a Chapter VII provision is in place, permanent UNSC members can veto its lifting. That means that once such a resolution is in place, the US, UK or France can ensure that it continues indefinitely. In the case of Iraq, Chapter VII authorisation was not lifted until this year – more than 22 years after Iraqi forces left Kuwait and 10 years after Saddam Hussein was ousted.

Keep Fighting

The only answer for now is to keep opposing any US action without ever letting our guard down, but it is about time that the people of the world were given a chance to fight back. We need to create actual democracies. To start making our governments act according to the wishes of the people. The fight against this war, the fight against the TPPA, the fight against GMOs, against corporate and financial corruption, against government surveillance, against paramilitary policing, against the Global Education Reform Movement (GERM), against austerity, and against privatisation – these are all fights against empire. Oddly our fight to democratise our governments and win them back from the imperial thrall (our fight for sovereignty) is exactly the same in the US itself. The people of the US are in exactly the same boat as the rest of us with only slight differences in detail. Fred Branfman has recently concluded that the executive branch of the US government is “the world’s most evil and lawless institution”. The fight in the US is a struggle to force the legislative branch to oppose the imperial executive on behalf of the people. I think, though, that we ought to view the executive branch as the visible tip of the US empire iceberg.

The Obscenities of the Great War

Standard

World-War-1-war-dead

.

The killing, mutilation and gas poisoning of millions of soldiers on both sides had broken taboos and decisively blunted moral sensitivities. Auschwitz cannot be explained without reference to World War I.” – Yehuda Baueri

World War I brought about great political and strategic changes. We acknowledge the political and strategic links joining World Wars I and II, but we seldom acknowledge the link of trauma that ties the brutalities visited on the combatants of the first war to the systematic mass killings of civilians in the second. The impact of the Great War echoes strongly through the generations, but to understand its impact we need to remind ourselves of the conditions endured by combatants. This was like a holocaust of young men, a multinational holocaust which even enemy states shared in common. It was one of histories great obscenities akin to a genocide or the horrors of the Atlantic slave trade, and it sowed the seeds of even greater future suffering.

The factors acting to derange the senses of the front line troops began even before enlistment with unrealistic, romantic and chauvinistic expectations of violence, combat and war;ii masculinity;iii and the martial prowess of their nation.iv As to the Great War itself, they genuinely expected it to be “over by Christmas”.v They, and those who were to remain home, felt that war would cleansevi and unite societyvii – renewing lost values and providing an “escape from modernity”.viii

In training troops were intentionally degraded, brutalised and stripped of individuality.ix Perhaps more importantly their training did next to nothing to prepare them for the realities of the front line, and very little to help them fight or survive.x

On arrival at the front they were confronted with overwhelming noisexi and disorientation in time and space,xii producing an immediate and lasting sense of befuddlement.xiii They had to contend with stench, filth, mud, vermin and, above all, cold.xiv They were constantly fatigued from hard labour at or behind the front line,xv they suffered chronic sleep deprivation exacerbated by the reversal of day/night patterns of activity in the front trenches.xvi They were malnourished in the field, and many had been malnourished in earlier life.xvii They were extremely prone to physical disease and were often treated punitively, cruelly or callously on falling ill.xviii They were starved of any, even basic, strategic informationxix and deprived, by physical realities, of a visual or tactical understanding of their situation – living in what Leed refers to as the “labyrinth”.xx Winter suggests that these factors caused “mental depression and physical sluggishness… from… lack of sleep combined with a total lack of information, which added to the lack of a sense of purpose.”xxi Their lives were expended with what can only be described as great profligacy. In these circumstances the front line soldier inevitably came to see some actions of military superiors and politicians (and by association the “home”) as either gratuitously idiotic or insane,xxii or as intentionally murderous.xxiii

The three greatest factors impacting the combatants’ psyches were the prevalences of fear, immobility and death. Leed emphasises the impact of immobility, contending that it destroyed any sense of identity as an “offensive” soldier.xxiv Psychiatric casualty rates certainly reflect the impact of static warfare.xxv This is most clearly illustrated by the fact that rates were lower during mobile war phases despite higher death and injury rates.xxvi On a more basic level than that of identity, however, soldiers were exposed to danger, provoking fear and adrenal response, and prevented from the active defence that both self-preservative cognition and biochemistry demanded. It is only too reasonable to expect that in these circumstances they would become neurasthenic and, as Aldington hinted, begin to morbidly fear fear itself.xxvii They were also constantly confronted with manifest death, the importance of which is shown by the centrality of encounters with corpses in both memoryxxviii and in the way combatants framed and interpreted the meaning of the war.xxix Killing could prompt guilt (although it should be remembered that only a small minority of infantry soldiers would have killed anyone). The loss of comrades could be a source of grief which, because of the necessarily close bonding of military units, caused “a large vertiginous emotional drain, and… a seemingly endless process of mourning.”xxx Combatants were radically desensitised, losing their normal reactions to both death and decay.xxxi Leed describes an instance where a soldier is blown by a shell onto the rotten stomach of an enemy, causing the excreta and rotten entrails of the corpse to enter his mouth – a single incident that illustrates the violation of profound values which confronted soldiers.xxxii The most damaging aspect of the confrontation with death was the reminder of one’s own mortality. In a war where front line soldiers were only too aware that they had little or no agency in their own self-preservation, each corpse represented the viewer’s own death save for a small sliver of fate or fortune. All agency and the disbursement of death was relegated to technology, the war-machine,xxxiii the soldiers were “unprotected by anything but cloth”.xxxiv They could not physically defend themselves and took refuge in superstitions talismans ritual and spells,xxxv largely abandoning established religion which offered only post-mortem salvation.xxxvi

The above is but a short list of some of the more prominent aspects of the front line that served to alienate and to enact profound psychic changes. These are two faces of the same coin – the war altered combatants but it was a “silent teacher” imparting a “secret which can never be communicated”.xxxvii Walter Benjamin noted that returning soldiers had “grown silent – not richer but poorer in communicable experience.”xxxviii The incommunicability of experience could make home leave unbearable because by itself it could be so intensely alienating.xxxix

The “silence” of the front line soldier was exacerbated by their lack of a military “offensive” identity.xl Soldiers are meant to be killers, shooters, attackers – they are trained as such and people, even today, believe it is their role. This derangement is not merely one affecting the popular imagination and popular culture, but is entrenched even in the scholarship of the subject. Joanna Bourke opens An Intimate History of Killing with the sentence, “The characteristic act of men at war is not dying, it is killing.” However, although she seeks to include the imaginary in constructing the meaning of war to participants, the point is not sustained even by her own selected evidence and although she deals with the fear of death she does not draw a link between it and the interpretation of the act of killing.xli Denis Winter makes the point that “danger was the most crucial trigger of aggression and sustainer of it….” Thus death precedes and shapes the act of killing.xlii Also in his reconstruction of the experience of battle it is fear of death that preconditions the soldier so intensely that its release leads to an immediate sense of euphoria, but also of detachment and unreality, which could change into positive enjoyment.xliii As discussed below this can have seldom been linked to killing in reality, and the sequence would suggest that the killing imaginary, and the narrative conventions of killing, are the product of the fear of death and a way of reclaiming agency after profound feelings of helplessness. Bourke herself cites an example of euphoric sensations and coital associations, identical to those that she suggests are associated with killing, deriving from a situation of danger where there was no remote possibility of the subject killing anyone, nor did he envisage or imagine doing so.xliv Similarly David Grossman is utterly insistent on seeing an erotic aspect to the act of killing when, if the only evidence by which to judge this is that offered by Grossman, there is more to be gleaned about the predispositions of Grossman and Bourke than any true erotic element to killing.xlv

Whether eroticised or not, the fascination with the ground soldier’s lethal agency, their acts of killing, seriously interfere with our ability to understand the soldier’s situation and the long-term effects of immersion in this situation. In fiction it is hard to find an infantry protagonist who does not kill an enemy soldier at some stage. However in reality, most front line soldiers were not killed, and 58 per cent of deaths that did occur were caused by shellfire.xlvi Of the remainder snipers, machine-guns, accident, disease, gas, aircraft and other causes would have accounted for so many that, given the relatively even matching of forces, only a tiny percentage of infantry could have actually killed someone with rifle, bayonet or grenade. The role of the infantry was not to kill but to occupy space. This is a source of cognitive dissonance to the soldier who has been instilled with an “offensive” identity, but also a source of cognitive estrangement from civilians and the values of a “society at war”.xlvii

The front and the home were also polarised in their attitudes towards the enemy. Civilian hatred towards the enemy was frequently a source of bitter anger for those serving at the front.xlviii The front line soldiers tended to lack hatred towards the enemy and often felt identification or even empathy.xlix To Stevenson this arose from the fact that they were all “trapped in a killing machine by pressure from above”.l The hatred of the enemy, and the pro-war patriotism of the home front was a source of bitter alienation in itself,li greatly aggravated by a blithe ignorance of the horrors facing combatants and a frequent expectation that the soldier should conform to preconceptions and be actively desirous of combat.lii The home front’s enthusiasm for slaughter was not simply a matter of estrangement of perceptions and beliefs, it made them part of the “killing machine”, as much a part of the apparatus as the staff officers in the rear lines. Some soldiers felt that civilians were responsible for maliciously and knowingly sending young men to die for their own profit or enjoyment, deceiving them as to the nature of military life and the reality of war.liii To Sassoon war was a “dirty trick” on his generationliv perpetuated by the “callous complacence” of civilians.lv There was not only bitterness but immense disdain directed at the older generation.lvi Remarque writes of their “moral bankruptcy”, his protagonist is “forced to conclude that our generation is more honourable than theirs.”lvii It was strongly felt that those staying behind were profiting from suffering and death of the front line troops, be they “profiteers” or armaments workers.lviii

Even more acute than the anger felt towards elders was that felt towards women.lix Some held that they derived positive enjoyment from young men’s sufferings. Aldington went so far as to write that the news of a son’s death was “almost wholly erotic” to a mother and that “all the dying and wounds… [from] a safe distance… gave [women] a great kick….lx More commonly women were blamed as active recruiters, although not entirely without reason.lxi

Psychologically the world was primed for an unprecedented turn towards genocide. We cannot forget that the experiences of Great War combatants were diverse, but at the same time we would be extremely foolish not to acknowledge the singular historical significance of the unprecedented sharing of such extreme conditions among tens of millions of young men. Never before have so many from so many nations shared so much with each other that they did not share with the rest of humanity. The reactions were also diverse among returned servicemen. An societal embrace of pacifism was a natural reaction, often shared by veterans, but other brutalised men were all too ready to don the uniforms of paramilitary police or fascist militias. The resentment of civilian impunity worked its way into military doctrine. Three early advocates of mass aerial bombardment were Giulio Douhet (Italy), Hugh Trenchard (Britain), and Billy Mitchell (US). Douhet and Trenchard argued against the distinction between civilian and combatant, Mitchell was an advocate of incendiary bombing, and all three argued that mass bombing of urban areas would shorten wars, preventing the horrors of drawn out trench warfare.lxii Thus, even without recourse to Nazi racial theories, it became quite normal in some circles to think that the mass-murder of civilians was a normal and desirable part of warfare. The callousness with which war leaders had used young men in the Great War sowed the seeds of genocidal brutality for the next generation of war leaders. These leaders would lay waste to entire countries and collectively slaughter tens of millions of civilians.

iYehuda Bauer, A History of the Holocaust. New York: Franklin Watts, 1982, pp 58-9, quoted in Eric Markusen and David Kopf, The Holocaust and Strategic Bombing: Genocide and Total War in the Twentieth Century. Boulder, San Francisco, Oxford: 1995, p 30.

iiMichael C.C. Adams, The Great Adventure: Male Desire and the Coming of World War I, Bloomington: Indiana University Press, 1990, pp 71-2.

iiiIbid p 30.

ivEric J. Leed, No Man’s Land: Combat and Identity in World War I, Cambridge: Cambridge University Press, 1979, p 40; J.G. Fuller, Troop Morale and Popular Culture in the British and Dominion Armies 1914-1918, Oxford: Clarendon Press, 1990, p 37.

vDenis Winter, Death’s Men: Soldiers of the Great War, London: Penguin, 1979, p 32.

viMichael C.C. Adams, The Great Adventure: Male Desire and the Coming of World War I, Bloomington, Indiana University Press, 1990, p 61.

viiLeed, No Man’s Land, pp 44-5.

viiiIbid pp 58-72.

ixWinter, Death’s Men, pp 41-3. The destruction of individuality was also ipso facto the destruction of identity, or more specifically civilian identity, which was, in theory replaced with a less individual identity as a soldier. The problem, as we shall see, is that a soldier identity, as everyone understood it and as the military attempted to instil it, was totally untenable in the conditions of trench warfare (see below).

xIbid pp 36, 39-40.

xiLeed, No Man’s Land, pp 126, 131.

xiiIbid pp 124-5; Winter, Death’s Men, p 101.

xiiiWinter, Death’s Men:, pp 82, 226; Leed, No Man’s Land, p 21.

xivWinter, Death’s Men, pp 95-8.

xvIbid p 86, David Stevenson, 1914-1918:The History of the First World War, London: Penguin 2004, p 185; Fuller, Troop Morale and Popular Culture, pp 76-8.

xviDenis Winter, Death’s Men: Soldiers of the Great War, London: Penguin, 1979, p 100.

xviiIbid pp 30, 102; Jock Phillips, Nicholas Boyack, and E.P. Malone (eds), The Great Adventure: New Zealand Soldiers Describe the First World War, Wellington: Allen and Unwin, 1988, p 9; Fuller, Troop Morale and Popular Culture…, p 60.

xviiiWinter, Death’s Men, pp 99, 201-2.

xixFuller, Troop Morale and Popular Culture…, pp 62-4.

xxLeed, No Man’s Land , pp 77-80.

xxiWinter, Death’s Men, p 100.

xxiiIbid, pp 213; Leed, No Man’s Land, p 99.

xxiiiLeed, No Man’s Land, pp 106-7.

xxivIbid 180-6.

xxvJoanna Bourke, An Intimate History of Killing: Face-to-Face Killing in Twentieth-Century Warfare, London: Granta, 1999, p 249. See also note 8 above.

xxviStevenson, 1914-1918, p 215.

xxviiWinter, Death’s Men, p 133. Winter paraphrases Aldington as suggesting that men were ‘horribly afraid of seeming afraid’, however it is a reasonable inference to suggest that, given the risk of death or insanity that uncontrolled fear brought, they truly did fear fear. Such safety as there was against shelling required immobility, which required the control of fear. Again there are resonances with Catch-22.

xxviiiIbid p 181.

xxixIbid p 206-8. There is also the strong, if not cliché, narrative convention of the encounter with an enemy corpse prompting a realisation of the humanity of the enemy. For example, Erich Maria Remarque, All Quiet on the Western Front, London: Vintage, 2005, pp 153-9, wherein the protagonist is also confronted by a protracted death at his own hands.

xxxLeed, No Man’s Land, p 210.

xxxiJoanna Bourke, Dismembering the Male, Chicago: University of Chicago Press, 1996, p 77.

xxxiiLeed, No Man’s Land, p 19.

xxxiiiIbid pp 29-33.

xxxivJohn Keegan, The First World War, New York: Vintage, 2000, p 273.

xxxvLeed, No Man’s Land, pp 127-8; Winter, Death’s Men, p 118.

xxxviStevenson, 1914-1918, p 215.

xxxviiCharles Carrington quoted in Leed, No Man’s Land, p 12.

xxxviiiIbid p 209.

xxxixStevenson, 1914-1918, p 212.

xlLeed, No Man’s Land, p 113.

xliBourke, An Intimate History of Killing, pp 1-3.

xliiWinter, Death’s Men, p 216.

xliiiIbid, pp 179-81.

xlivBourke, An Intimate History of Killing, pp 150-1.

xlvDavid Grossman, On Killing: The Psychological Cost of Learning to Kill in War and Society, New York: Back Bay Books / Little, Brown and Company, 1995.

xlviStevenson, 1914-1918, p 184.

xlviiLeed, No Man’s Land, p 110.

xlviiiIbid 106

xlixIbid p 107; in contrast Winter perceives more hatred, or rather ‘dislike’, but suggests that it seems to have been linked to the degree of danger and to have rapidly disappeared in time of truce, (Death’s Men, pp 209-13).

lStevenson, 1914-1918, p 92.

liWinter, Death’s Men, p 167.

liiFuller, Troop Morale and Popular Culture…, p 17.

liiiAdams, The Great Adventure, pp 125-133; Leed, No Man’s Land, pp 206-7

livAdams, The Great Adventure, p 133.

lvLeed, No Man’s Land, p 207.

lviIbid p 74.

lviiRemarque, All Quiet on the Western Front, p 9.

lviiiLeed, No Man’s Land, p 206; Adams, The Great Adventure, p 116; Fuller, Troop Morale and Popular Culture…, p 60; Winter, Death’s Men, pp 167-8.

lixAdams, The Great Adventure, p 108.

lxIbid p 128. Women were psychologically mobilised for the war effort and part of this was an effort to consciously indoctrinate them into viewing the death of their loved one’s as a positive sacrifice and a source of satisfaction. It seems unlikely that women were quite so thrilled at losing their sons as Aldington suggests, but the very existence of widespread propaganda to that effect makes Aldington’s viewpoint seem less extreme. See Nicoletta F. Gullace, The Blood of our Sons: Men Women and the Renegotiation of British Citizenship During the Great War, New York: Palgrave MacMillan, 2002, p 63.

lxiDavid Stevenson, 1914-1918:The History of the First World War, London: Penguin 2004, p 292; Nicoletta F. Gullace, The Blood of our Sons: Men Women and the Renegotiation of British Citizenship During the Great War, New York: Palgrave MacMillan, 2002, pp 3-4, 53-60, 81-3.

lxiiEric Markusen and David Kopf, TheHolocaustandStrategicBombing:GenocideandTotalWarintheTwentiethCentury, Boulder, San Francisco, Oxford: Westview Press, 1995, pp 201-2

The Korean Genocide Part 4: War or Genocide?

Standard

The Korean Genocide Part 4: War or Genocide?

(In Part 3 I presented matters relating to the opening of “major hostilities” in late June of 1950. I eschewed conclusions because of the unanswered questions around events. However I believe that it would be possible to present the case that the US was the instigator of these events due to the circumstance which surround the events (even if those events are themselves are difficult to discern). There is no smoking gun, as such, but there is a very strong case. The US desired this “war”, they had foreknowledge of the timing of its outbreak, and the window of time in which the US could benefit (by forestalling the impending conquest of Taiwan and the looming collapse of the Rhee regime) was very, very, narrow by this point. The US was actively deceptive in claiming to be unprepared to intervene, yet the rapidity of the deployment of the US Navy to the Taiwan Straits, and the instantaneous commitment of troops to Korea showed that planning and decision-making had taken place already. There is also a clear flurry of secretive activity by US officials and personnel leading up to the outbreak of hostilities as well as inter-client activity between the Guomindang and the Rhee régime. Lastly, though the unpreparedness of the ROK Army can be explained as a deliberate softening in order to draw forces into the equivalent of the “centre”, nothing on Earth can explain the depth of DPRK unpreparedness. And, as Sherlock Holmes tells us, when faced with choosing between the unlikely and the impossible, the unlikely must be true. )

https://i0.wp.com/factsanddetails.com/media/2/20080310-Korean%20war,%20anti%20American%202.jpg

The period which begins on 25 June 1950 and ends 27 July 1953 is conventionally termed “The Korean War”. A war of three years, as with wars in general, is almost inevitably going to be described in narrative terms and there are good reasons for this. Peoples’ lives were utterly dominated by major discreet events with distinct chronological placements – significant military actions; a front which swept south then north then south in the initial stage and then a completely different stage with virtually no such movement; notable political events; notable massacres; notable bombing raids. The Korean people were living through the “interesting times” referred to in the apocryphal Chinese curse – times when the narrative of “major” historical events is actually the most important factor in shaping the lives of the masses.

A narrative has a beginning, a middle and an end. The beginning describes a status quo. The middle is a series of transformative events which follow an initiation event which disturbs the status quo. The end is the establishment of a new status quo. This is all convention, of course, and it is understood that the beginning and end points are static only in terms relative to the defined boundaries of the middle – boundaries of both chronology and of type when including or excluding transformative events. What then should one expect from a narrative of war? More to the point, what would one expect the end to look like? Innumerable examples of war narratives end (by any reckoning) in a manner which accords with Clausewitz’s description of the nature of war. From the Punic Wars to the World Wars, they end with one side imposing its political will on the other, at least to some extent. Before World War II, stalemates were broken when one side gained the advantage. Only very small wars would actually end with a stalemate in place. The Korean War simply does not fit that aspect of the war narrative. The very simple trick of looking at the end of the narrative, one can already discern that the events of 25/06/1950 to 27/07/1953 are more likely to conform to a narrative wherein the “middle” is characterised by genocide rather than war.

In politico-military-strategic terms the end results of the Korean War are insignificant in terms of the scale of military action. There was no regime change. There wasn’t even a change in the balance of power on the peninsula except a growth of deterrence. If anything the war acted to stop change at this level, to halt transformative events and reimpose a more stable form of the status quo ante as if to defy the rules of narrative. However, on another level the transformation was profound and shocking. Around 10 percent of Koreans, or slightly more, were dead. In the DPRK about 2 million civilians and 500,000 military had died according to Halliday and Cumings.i That is more than one of every four human beings exterminated in a three year span. Others give lower figures, but still produce shocking mortality rates such as 1 in 5, though there is the ever-present confusion of specifying only “casualties” without distinguishing killed and wounded. One estimate is that one ninth of North Korean civilians (1,000,000 people) were killed in air raids alone.ii Additionally, according to Stueck,[i]n property, North Korea put its losses at $1.7 billion, South Korea at $2 billion, the equivalent of its gross national product for 1949. North Korea lost some 8,700 industrial plants, South Korea twice that number. Each area saw 600,000 homes destroyed.”iii The urban destruction in the DPRK was unparalleled before or since,at least 50 percent of eighteen out of the Norths twenty-two major cities were obliterated. A partial table looks this:

Pyongyang, 75%

Chongjin, 65%

Hamhung, 80%

Hungnam, 85%

Sariwon, 95%

Sinanju, 100%

Wonsan, 80%.”iv

https://i0.wp.com/farm4.staticflickr.com/3041/2960710443_fd7727a187.jpg

Pyongyang

Within months the US had run out of military targets and in less than a year they were running out of significant civilian targets and began bombing the countryside.v

The US also bombed south of the 38th parallel, when the KPA occupied areas or when there was guerilla activity. Hundreds of thousands were also massacred, almost exclusively by US and right-wing formations. Millett observes that[i]t is no accident that Koreans often compare themselves to Jews, Poles, and Irish.”vi In the ROK there is even a word, han, which specifically denotes the repressed and accumulated grief and rage that was produced in those who loved ones were killed by the regime but who avoided even mentioning the departed, let alone grieving their loss, for fear of being killed themselves.vii If this level of trauma is present in the ROK, one can only imagine the level of psychic devastation in the DPRK.

From the point of view of narrative, then, it would seem from the end point of the narrative arc that the middle, the crucial transformational events which are the stuff of traditional history, would be more likely to take the form of genocide than that of war. It’s not quite that simple though. It cannot be denied that there was a war going on. Baudrillard could not claim that “the Korean War did not happen”, although one might observe in events embryonic forms of the sort of “simulation” that led him to claim “the Gulf War did not happen”. What one can say is that in the narrative of war US actions often seem to be difficult to explicate, especially if its role in peace negotiations is incorporated. Claims of US naivety, idealism, stupidity and arrogance are all deployed to explain US actions, along with analyses of domestic political matters and inter-élite conflict. This sort of approach is no different from that used with respect to Indochina, Iraq, Afghanistan, and many sites of lesser US involvement which would include most of the very long list of US interventions. In contrast a narrative of genocide requires no such explications. Indeed, it is almost eerie that events unfold as if smoothly following a predetermined plan of genocide, notwithstanding that prosecuting genocide does not require the precision of prosecuting war and is thus not subject to uncertainty and reversal in the same manner.

Before narrating the events of the front line, it is worth describing the genocidal character of US actions in rear areas, which is ultimately a more fundamental defining characteristic of what occurred than the battles at the front. As Cho writes:

Targeting a civilian population would be a strategy that the U.S. militaryperfectedduring the Korean War, leaving three million people, or 10 percent of the population, dead. The horrors that began to unravel on the Korean peninsula on June 25, 1950, were already reminiscent of a future of U.S. military domination in Asia, flashing forward to images of napalmed children running through the streets….viii

It is worth contextualising US and ROK atrocities by making a comparison with Communist atrocities. Firstly, it is worth noting that the Chinese are not linked to massacres. Their treatment of POWs was far from what one would hope, and yet far better than that meted out by other belligerents. During 1951 the Chinese even took over custody of nearly all Western prisoners due to concerns over their treatment at Korean hands and were mostly at pains to treat them reasonably (in fairly grim circumstances) and protect them from the vengeance of Korean citizens.ix The Chinese example alone should be enough to belie completely any apologistic discourse which seeks to suggest that the sort of atrocities committed by the US were some innate by-product of the type of war fought.

North Korean atrocities differed form those of the US and ROK in three ways. Firstly there is the matter of scale. Cumings estimates that KPA atrocities were about one sixth compared to around 100,000 dying at the hands of ROK security forces and right-wing paramilitaries.x It may be that Cumings is being conservative with both numbers here, but if we assume from this a figure of 17,000 victims of Communist atrocities then it becomes more like one tenth or twentieth if one accounts in addition for US massacres and ROK massacres in captured or recaptured territories. If one factors in the civilians who died under US aerial bombardment the figure becomes less than 2%.xi

Secondly, there is the matter of authorisation. As Dong Choon Kim writes:North Korea’s Kim Il Sung strongly emphasized the prohibition against civilian killings, which seemed quite natural because the [KPA], as a revolutionary army, had to win the hearts and minds of the South Korean people.”xii Kim Il Sung also condemned revenge killingsxiii which were rife at the village level with reciprocal atrocities occurring as territory changed hands.xiv Furthermore, though the killing of POWs on or soon after capture was common, KPA officers at all levels strove constantly to end these murders.xv The authorised atrocities were restricted to the murder of political prisoners after a show of formal legal proceedings. On an individual level this is no less an atrocity than the same act carried out without the pretence of a trial, perhaps more so especially if confessions are produced through torture. It does, however, greatly restrict the scale of murder to a more individual rather than mass event. It also restricts the nature of the victims. Children, for example, would not be subject to this violence, nor generally would the apolitical, nor those without some significant form of political power.

This brings us to the third factor, the matter of discrimination. Communist atrocities particularly targetted specific individuals.xvi This was true of both authorised and unauthorised atrocities. Even surrendering soldiers and POWs are specifically “enemy combatants” who, by their nature, are or have been involved in conflict. The agency of, say, an infantryman may be virtually non-existent (outside of the fantasies promoted by recruiters), but that makes them pawns, not bystanders. There is no inherent moral difference between murdering a soldier and murdering a civilian, but there is a distinct difference. It is almost inevitable that military personnel are viewed as enemies, but enmity towards civilians, if defined innational, ethnical, racial or religious”xvii terms, is at the very least a prerequisite for genocide. Arguably it might be said that any mass killings and/or major destruction under this condition is definable as genocide in line with Lemkin’s definition of genocide as being “against populations”.xviii

Leaving aside the POW issue, given the conditions under which the Communists committed atrocities, it seems reasonable to accept Cumings’ implicit figure of roughly 17,000 civilians killed. This means that the US and ROK forces under US command killed more than 50 times as many civilians as the Communists.xix That is a substantive difference, not only in moral terms. Behind this massive disparity is a mountain of corpses. Explanations are given which rely on the atomisation of various forms of massacre, an artificial separation of methods and circumstances of mass slaughterpanic at the advance of the KPA; fanatical anticommunism; racism; superior firepower; and the USairpower fetish”. The disparity, however, gives lie to this because at every turn the Communists opposed the mass killing of civilians while, as will be shown; each instance of US/ROK mass murder was the result of policy. The disparate levels of atrocity mean exactly what they should suggest at first glanceone side was fighting a war, the other was committing a genocide.

To begin with the UN side of the frontline, the most well known massacre carried out by US personnel was that of No Gun Ri. This occurred from 26 July to 29 July 1950, that is to say over the space of about 3 days. The massacre began when refugees fleeing across a bridge were strafed and mortared. This much is not disputed.xx Controversy arose over the circumstances soon after the massacre rose to prominence in 1999. A narrative was promulgated throughout most of the US media thatthe incident took place because the military was ill-trained and ill-equipped during the early stages of the war”xxi with the result thatthe No Gun Ri story became sanitized as just another anecdotal war story that asks to be forgotten.”xxii In fact it is well documented that the US had on numerous occasions been directly ordered to open fire on refugees.xxiii According to the BBC: “Declassified military documents recently found in the US National Archives show clearly how US commanders repeatedly, and without ambiguity, ordered forces under their control to target and kill Korean refugees caught on the battlefield.”xxiv On 26 July, the day the massacre began, a letter from the US Ambassador to the ROK detailed to the State Department the US Army’s plan to open fire on refugees if they did not heed warning shots.xxv However, warning shots do not seem to have played a role in these events. According to the ROK Truth and Reconciliation Commission (TRCK) in 2007:

On July 25th, 1950, Korean villagers were forced by U.S. soldiers to evacuate their homes and move south. The next day, July 26, the villagers continued south along the road. When the villagers reached the vicinity of No Gun Ri, the soldiers stopped them at a roadblock and ordered the group onto the railroad tracks, where the soldiers searched them and their personal belongings. Although the soldiers found no prohibited items (such as weapons or other military contraband), the soldiers ordered an air attack upon the villagers via radio communications with U.S. aircraft. Shortly afterwards, planes flew over and dropped bombs and fired machine guns, killing approximately one hundred villagers on the railroad tracks.xxvi

That is the context, which became a centre of controversy (albeit specious controversy) which in turn managed to leave most people with the impression of some sort of panicked response by US personnel who were not coping. The reader may well be wondering how this could possibly address all of the issues involved in a 3 day long massacre, a period longer than panic or unpreparedness could possibly account for.

After the initial attack, the refugees fled into a culvert and a tunnel beneath the bridge. US forces set up machine guns at either end of the culvert and tunnel. For over three entire days the machine gunners killed those who tried to leave, killing, according to the TRCK, an additional 300:xxvii‘There was a lieutenant screaming like a madman, fire on everything, kill ’em all,’ recalls 7th Cavalry veteran Joe Jackman. ‘I didn’t know if they were soldiers or what. Kids, there was kids out there, it didn’t matter what it was, eight to 80, blind, crippled or crazy, they shot ’em all.’xxviii Soldiers with small arms would, as time passed, approach the culvert to pick off any survivors. A survivor, 12 at the time, said:The American soldiers played with our lives like boys playing with flies.”xxix Bruce Cumings believes that there was a concerted effort to ensure that there were no surviving witnesses.xxx

We know these events occurred because of eye-witness statements, both those of survivors and those of 35 veterans who corroborate these events.xxxi Further corroboration exists in the bullet holes that remain to be seen, though plastered over, in the culvert and the tunnel to this day.xxxii Eye-witness testimony is the central evidence of these occurrences. Even the journal Archival Science is forced to concede that documents are supplementary, corroborating details rather than constituting an account.xxxiii This is true for all the massacres that occurred south of the 38th parallel. The orders that set the machinery of death in motion may be documented, but the events were not. The substance of eye-witness testimony, however, has been borne out by the mass graves to which witnesses were often able to lead investigators.xxxiv

No Gun Ri was not isolated. Over 60 further such massacres at US hands have been reported:

For example, on 11 July 1950, the US Air Force bombed the peaceful Iri railway station located far south of the combat line and killed about 300 civilians, including South Korean government officials. US warplanes also bombed and strafed gathered inhabitants or refugees in Masan, Haman, Sachon, Pohang, Andong, Yechon, Gumi, Danyang and other regions. Roughly 50 to 400 civilians were killed at each site and several times of that number were severely wounded. In dozens of villages across southern South Korea, US planes engaged in repeated low-level strafing runs of the ‘people in white,’ In the southeast seaside city of Pohang in August of 1950, US naval artillery bombarded the calm villages and killed more than 400 civilians. In addition, another fifty-four separate cases of attacks equivalent to No Gun Ri are logged with South Korean authorities but have not yet been investigated.xxxv

The one salient point that is repeated most often by veteran pilots is that they were told to target thepeople in white”. White clothing was the normal and traditional Korean attire, the most common form of dress among the rural majority.xxxvi But No Gun Ri is symptomatic of more than just the systematic targeting of refugees, it also shows the gratuitous violence of individual soldiers fuelled by racism. Hungarian reporter Tibor Meray described US personnel shooting Koreans for sport at the time and stated that neither the KPA nor the ROKA could compare to US forces in brutality.xxxvii In Viet Nam years later, a veteran of the Korean War told Philip Caputo:I saw men sight their rifles in by shooting at Korean farmers. Before you leave here, sir, youre going to learn that one of the most brutal things in the world is your average nineteen-year-old American boy.”xxxviii

The racist violence of US personnel had begun during the occupation. Here it is worth contrasting again. Soviet troops had entered Korea as conquerors, war weary, barefoot, and brutalised. They stole, they raped and they killed. After dark they had to travel in groups of no less than three to avoid reprisals from enraged Koreans.xxxix But the official reaction was swift. Their superiors stamped out such behaviour in a matter of weeks and the damage in relations began to heal.xl In contrast, Koreans greeted the US occupation warmly,xli but after 3 months of occupation Hodge reported that hatred of US was increasing,the word ‘pro-American’ is being added to ‘pro-Jap’, ‘national traitor’ and ‘Jap collaborator’.xlii This wasn’t just the result of US policies, but also of the behaviour of the occupation forces:

By December 1945 most of the specific acts with which the US command contended as the occupation proceededopen expressions of disrespect toward Koreans, lack of care in avoiding Korean pedestrians while driving American military vehicles, offensive advances toward Korean women, looting and larcenywere common.xliii

When thereplacements” arrived, conscripts taking over from Pacific War veterans, things got worse – “they lacked the training and discipline of their predecessors in the Army while possessing all the provincialism and sense of superiority of their older comrades, if not their dehumanizing experience in fighting the Japanese.”xliv Western reporters at the time found that racist contempt was the norm and that insurmountable alienation was more or less universal.xlv I cannot provide a full analysis of Hodge’s response, but it was inadequatelong on rhetoric (such as letters of exhortation to the troops), short on efficacious measures (such as widespread curfews and bans of off-duty personnel or rigorous prosecution of the more common offences, which were not necessarily minor). The fact that a commander with an entire machinery of military discipline at his disposal chose what amounted to begging his personnel to be nice shows that he was (as many have pointed out) a battlefield commander unsuited to the task of running an occupation. The fact that neither subordinates nor superiors did anything about his inefficacy, however, shows a fundamental disinterest in improving the behaviour of US personnel, a lack of will which supersedes in relevance any lack in capability on Hodge’s part.

glorybrigadetc

Racist violence was fully unleashed once the War was under way. Just as the Germans had conflated Jewishness and Bolshevism, the US in propaganda and military indoctrination conflatedAsiatic”-ness and Communism.xlvi Instead of reserving animus for combatant enemies animus was directed atgooks”, which meant all Koreans regardless of combatant status, political orientation, or gender. It is true that risks vastly differed for different locales and statuses, but it is also true the every single Korean faced at least some risk of being killed by US forces and local allies were not an exception (a circumstance also seen in South Vietnam, Iraq, Afghanistan and any other place where US forces are directly deployed). A US correspondent wrote that it wasnot a good time to be a Korean, for the Yankees are shooting them all”, while a British war correspondent recorded that GIsnever spoke of the enemy as though they were people…. …[E]very man’s dearest wish was to kill a Korean. ‘Today… I’ll get me a gook.’xlvii

When US forces went north of the 38th parallel massacres also occurred. Details are, of course, sketchier, with DPRK officialdom being an unreliable source. However, as Dong Choon Kim points out:While it must be acknowledged that the North has politically exploited such claims, the facts on the ground force us to not discount their veracity.”xlviii In one instance an estimated 35,380 people in Sinchon were massacred but whereas the DPRK leaders claim that US personnel committed the massacre, it was in fact ROK paramilitary police and militias who were sent north (by the US) in the tens of thousands.xlix

Although subject to commands from the Rhee regime, ROK security forces were ultimately under US command.l The US military may have been involved in formulating the “special decree” which initiated widespread massacres south of the 38th parallel, but there is no doubt that it was the US which initiated the massacres by ROK security forces north of the 38th. An order was issued toliquidate the North Korean Workers’ Party”, a mass movement which had 14% of the DPRK population as members. Mass arrests were to be followed by the production by the US ofblack lists”, the unstated purpose of which is easy enough to guess.li A partial list of occasions when the US has provided clients with lists of persons who the US wishes dead due to their political beliefs or activism includes: Guatemala, 1953;lii Iraq 1963,liii 2002-3,liv 2005-7;lv Indonesia 1965;lvi Indochina 1950-75;lvii Argentina, Chile, Brazil, Bolivia, Paraguay, Uruguay, Peru, and Ecuador mid-1970s (Operation Condor);lviii Latin America 1982-91lix (note that in the latter two instances most targets were not directly chosen by the US, but under guidelines created by the US). It is pretty easy to establish that these murders are eliticidal in nature by looking at the nature of the victims. They target leading intelligentsia and students, unionists, and peasant organisers. In Viet Nam, for instance, the US even invented the termViet Cong Infrastructure”. PradosdefinesthemasashadowynetworkofVietCongvillageauthorities,informers,taxcollectors,propagandateams,officialsofcommunitygroups,andthelike,whocollectivelycametobecalledtheVietCongInfrastructure(VCI).”Sympathizers”werealsocounted.lx The victims are very clearly non-combatants. For example, in William Blum’s survey of US interventions (Killing Hope) there is no index entry given forunionists”,subversives” ordissidents”; however, quite tellingly, one can get a fair idea of the approach to such individuals through looking up the entries ontorture, US connection to.” Out of 14 entries there are three relating to interrogation;lxi three where armed activists/guerillas/insurgents were tortured alongside unarmed political activists;lxii and 7 entries where only political dissidents are mentioned as victims.lxiii

We don’t know how many died in massacres north of the 38th parallel, but we do have some idea (very roughly) of how many died in mass executions in the south. Of 30,000 political prisoners at the outbreak of war almost all were disposed of (except for 7000 fortunate enough to be imprisoned in Seoul).lxiv This was the tip of the iceberg. An estimated 350,000 people were enrolled in the Bodoyeonmang (National Guidance League, NGL). It was putatively an organisation for monitoring and rehabilitating left-wing activists, but up to 70% of its members were simply apolitical peasants.lxv In a series of enormous mass executions (evidenced by mass graves which, again, provide grim proof of eyewitness testimony) somewhere between 100,000 and 200,000 people were slaughtered (some estimates go as high as 300,000).lxvi In Taejon, for instance, 4000-7000 were executed, and when the town was recaptured the mass graves were used as propaganda under the false claim that it was in fact the Communists who had committed the atrocity.lxvii Probably those US personnel and Western reporters who saw the bodies believed it to be true (after all the Communists were the savages) but the massacre had in fact been attended by US officials.lxviii

k19_00901090

Victims at Taejon. Note, I found this picture at a site which replicates the lie that communists committed this massacre. Of 48 photos in this 2010 retrospective 4 are depicting communist atrocities (or claim to be) while only 1 depicts an ROK/UN atrocity (below).

https://i0.wp.com/www.japanfocus.org/data/5643_image002.jpg

In recaptured territory, as in the North, many deemed politically suspect due to their activities during the DPRK occupation were liquidated. In the Seoul area, for instance, 50,000 were killed by one estimate.lxix In addition, civilians in areas where guerillas operated were at risk of being murdered throughout the war. Counterinsurgency often meant slaughtering civilian men, women and children deemed by geographical criteria to be supportive of the guerrillas. In Guchang, for instance,several thousand civilians, including babies, women, and elderly, were killed during the operations named ‘Keeping the Position by Cleansing the Fields….’lxx The US was also using airpower against parts of the countryside deemed inimical. From 5 January 1951 the US began the wholesale use of napalm against villages deemed to be willingly or unwillingly providing some form of support for guerrillas. As Suh Hee-Kyung writes:The objects of the bombings now included not only military targets but also civilian homes and towns suspected of harboring communist guerrillas and/or North Korean soldiers. Especially in areas that the North Korean Army and the Chinese Army had invaded, the U.S. Army applied a ‘scorched earth policy’ even if the targeted area was residential.”lxxi On 25 January 1951 Lt. General Edward Almond (commander of X Corps) defended the bombing in terms paraphrased by Cumings as,the local population was being killed, true, but the meager population remaining appears sympathetic to and harbors the enemy.”lxxii

The US also began its bombing campaign in the North. Most of the 1 million tons of US ordinance dropped from the air in the War were used instrategic” bombing in the North.lxxiii It is fair to say that in this small and highly urbanised half-country, this tonnage caused a greater degree of destruction than in any other time and place in human history (not counting single cities).By 1952 just about everything in northern and central Korea was completely levelled. What was left of the population survived in caves, the North Koreans creating an entire life underground, in complexes of dwellings, schools, hospitals, and factories.”lxxiv The rough consensus figure is that 1 million civilians died from the US bombing campaign. As Cumings notes:

The United Nation’s Genocide Convention defined the term as acts committed “with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.” This would include “deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part.” It was approved in 1948 and entered into force in 1951 – just as the USAF was inflicting genocide, under this definition and under the aegis of the United Nations Command, on the citizens of North Korea. Others note that area bombing of enemy cities was not illegal in World War II, but became so only after the Red Cross Convention on the Protection of Civilians in Wartime, signed in Stockholm in August 1948.

Kim Dong Choon is cautious about the subject of genocide, despite writing in the Journal Of Genocide Studies:As we usually label genocide when the shooting and strafing were aimed at a certain race or community with clear cut boundaries and characteristics, America’s military actions towards Korean civilians may not be regarded as a genocidal incident. ([Interjects in endnote]However, as Bertrand Russell and Jean Paul Sartre argued when they established a ‘War Crimes Tribunal’… the ‘genocidal intent’ of war may be identified even when official military policies may deny such an ambition.)lxxv Of critical importance, however, is the fact that the US soldiers killed civilian refugees lacking even a modicum of self-defense, including women and children, even when no North Korean soldiers or grass-root guerilla forces threatened them.lxxvi This needless caution on Kim’s part is saddening. The US (and the ROK forces under US command) systematically killed civilians in various completely different circumstances, and they did so under orders from the very top of the chain of command. One need only to glimpse through the various levels of mortality produced bystrategic bombing”, “counterinsurgency”, and mass executions to see that, taken as a whole, this was a staggering amount of death and (perhaps more importantly) a staggering amount of co-ordinated labour employed in causing mass civilian deaths. The level of proof required here is, in fact, far lower than that required to label the mass killings in Rwanda or Cambodia as genocides. Likewise, the economic and social destruction wrought in the North was so comprehensive that it can only be matched by the most widely acknowledged genocides.

There is more. By deliberately drawing out the negotiations for an armistice while instituting a strategy ofattrition” the war, although a very real war, was made primarily an engine of genocide by the US. In this it became a progenitor of later genocidal war systems. To illustrate this evolution it is necessary to trace the progress of the war. The narrative produced is, like that of the origins of the war, distinctly anomalous at points. In the framework of war, as it is generally understood, such actions were difficult to explain and caused alarm among allies, US personnel themselves, and even US political leaders. The US public, on the other hand, simply hated the war and it destroyed the Truman presidencyTruman holding the record for least popular President on record (with 77% disapproval) until the advent of George W. Bush.lxxvii But while from a military perspective many US actions seemed counterproductive or at least completely pointless it should be remembered that the narrative ends with the US having won for itself every single advantage that it could have won, at least from an imperial perspective. The previously fragile division of Korea was now stable and consolidated as was the US client regime in the ROK. Each half of the peninsula was tied more firmly in dependency to its superpower patron. Taiwan was saved from unification with China, while the infant PRC was greatly retarded in its development. The US was now in a state of enduring militarisation, armed with both the weaponry and the ideology which would allow the US to exert coercive imperial power over most of the globe. From this perspective an outright military victory would have been considerably less attractive, not least because US interventions would rely on the (false) implication that the Communist Bloc posed a military threat to the US.

Korea is not particularly suited to blitzkrieg, it is narrow and hilly with poor roading generally at the bottom of valleys, and a climate which makes operations of any sort difficult. Carter Malkasian describes it as suited forstrong in-depth defense”, by which he means using elevated positions of the sort which would be so bloodily contested later in the war. Inexplicably, however, the ROKA commanderwanted to contain any North Korean attack at the 38th Parallel and rejected a planned withdrawal to stronger positions, such as behind the Han river. The 38th Parallel was on comparatively flat ground, lacking ridges or river-lines on which to form a defensive.lxxviii That is to say, such a stance is inexplicable unless it is explained, like so much else must be, as a deliberate softening of ROKA defences.

After capturing Seoul, the KPA waited about a week, apparently awaiting artillery and other supplies, before the next concentrated offensive.lxxixLacking detailed plans for operations south of Seoul, North Korean forces had been slow to proceed beyond the Han River.” On July 5 the KPA fought their first engagement with US forces, who did have anti-tank weapons but were nevertheless defeated. “American combatants had inadequate firepower to resist Soviet-built tanks, and North Korean soldiers were not intimidated by opponents simply because their skin was white….”lxxx On the contrary, the KPA continued to push, over-running an entire US division when Taejon was captured a week later. It took only until August 1 for the KPA to reach a point less than 50 km west of Pusan.lxxxi By this stage the KPA faced superior numbers 92,000 (47,000 of them US) to the 70,000 it could bring to the front known as the Pusan perimeter.lxxxii Only a tiny chunk of the peninsula was unconquered, but more critical for the KPA than being outnumbered was the fact that they had never prepared for this. They could not replace casualties, communications were still far from desirable efficacy, and their stretched supply lines combined with US air and naval power to make resupply difficult.lxxxiii As Malkasian explains the chance to end the war quickly was slipping away: “Better American bazookas and heavy M-26 Pershing tanks had arrived that could counter the T-34s. The North Koreans waited until 3 September to make their major assault in the Second Battle of the Naktong Bulge. However, by then North Korean strength was ebbing. With only 98,000 men, they faced 180,000 UNC soldiers.”lxxxiv

On September 15 the US X Corps made a bold and extremely well executed amphibious landing at Incheon, the port adjacent to Seoul. The DPRK expected this move but had little choice but to throw everything they could at the Pusan perimeter (in the abovementioned Second Battle of the Naktong Bulge).lxxxv It seems apparent, however, that the DPRK had prepared for withdrawal, and for troops who were cut-off to become guerillas in the hills.lxxxvi Nevertheless, this was a terrible defeat for the KPA who were more or less routed from the South, sustaining heavy casualties and equipment losses. UN forces broke out of the Pusan perimeter on September 23. Seoul fell on the 27th after bitter fighting which caused many civilian deaths.lxxxvii Only around 25,000 KPA reached the 38th parallel before UN forces.lxxxviii

The KPA continued retreating and X Corps pressed northwards. The 38th parallel, crossing which had been condemned as an act of aggression by the UNSC was, little over 2 months later, of no significance. An “imaginary line” as MacArthur put it,lxxxix the same phrase being used soon after by the US ambassador to the UN.xc (Malkasian claims that UNGAR 376, passed on October 7, authorised UN forces to proceed north of the 38th.xci The two major problems with such a contention are that a) by October the 7th UN forces were in places already more than 100 km north of the 38th and b) the resolution says no such thing.xcii)

http://upload.wikimedia.org/wikipedia/commons/4/41/Korean_War_HA-SN-98-07085.JPEG

The US rationalised crossing the 38th as a measure to prevent further aggression, but then changed to the annunciated aim of military unification.xciii The Chinese openly avowed that they would respond militarily to a march on the Yalu with PLA Chief of Staff (on Sept 26) and Chou En Lai both telling the Indian ambassador for conveyance to the US. US intelligence agencies claimed, however, to have believed otherwise.xciv When China entered the war, the US reacted at first as if nothing significant had happened then, after suffering defeats in October and November, as if a large portion of the PLA had crossed the border en masse:

As American forces rushed pell-mell back down the peninsula, observers at the time wondered why they were moving so fast, often breaking contact with an enemy not necessarily pursuing them. On December 15 a British military attaché wrote, ‘The withdrawal continues without any major enemy pressure. There were no signs of defense lines being used to halt the enemy march; it looked like a phony war, or a great hoax.’ British military attachés said in early December that the numbers of Chinese were quite exaggerated, with very few confirmed contacts with the Chinese ; furthermore, it was often impossible to judge the nationality of enemy units. The number of Chinese POWs being taken did not indicate huge numbers of troops.xcv

So yet again US led forces were inexplicably retreating rather than using the defensibility of the hilly terrain, this time back to the 38th parallel in what was known as the “Big Bug-Out”.xcvi Hyperbole exploded in Washington. This was the longest retreat in US military history, but it became transformed into the greatest defeat in US history leading to panic in the corridors of power and many very serious moves towards the use of atomic weapons.xcvii This even went as far as the transfer of necessary bomb components to Japan and Guam.xcviii The “Big Bug-Out” didn’t merely facilitate a vastly heightened level of threats from the US, it also gave a boost to the racist propaganda deployed on Western peoples, particularly those of the US. Hollywood films (more likely to be about the Pacific War than the unpopular Korean “police action”) featured scenes “of marauding Oriental troops; of bearded, unkempt American fighters inhabiting alien hovels in alien lands and dauntlessly improvising devices and designs as they go.”xcix Public affairs programming on television was unabashedly infected by official propaganda. One NBC programme was produced out of the White House by a presidential aide, who used it to declare that[t]he barbarous aggression of the Chinese hoards [sic] in Korea is not only an attack upon the forces of the United Nationsit is an attack upon civilization itselfit is an effort to destroy all the rights and privileges for which mankind has fought and bled since the dawn of time.”c

In coming months China really did commit massive numbers of personnel (officiallyvolunteers”) to a series of offensives, perhaps 400,000 by mid-January.ci The KPA and the Chinese People’s Volunteers (CPV) managed to advance about 100km south of the 38thby the end of January, but by February UN counteroffensives had pushed them back across the Han and Seoul was evacuated after massive casualties on 14 March.cii The KPA and CPV continued to mount offensives, but shortages and heavy casualties inflicted by UN forces brought them inevitably to a stop.ciii

Seoul had by this stage changed hands 4 times. As UN forces retreated in January they more or less destroyed the port at Inchon and burnt down large parts of Seoul, just as they had on retreating from northern cities.civ As the UN was preparing to re-enter the city, US air and ground artilleryblasted” the city.cv Indeed, one neglected aspect of the war was that during the mobile phase (which, as has been shown, seemed a little artificial at times) all but some small pockets of the countryside were swept over at least once by the battlefront. In addition to the 1 million tons or ordnance dropped by US aircraft, US guns fired a total of 2.1 million tons of ordnanceon a peninsula less than four-fifths the size of New Zealand the US used 43% as much explosive power as it did in the entirety of World War II.cvi Massive amounts of Korean property were destroyed by UN scorched earth policies and by the profligate use of artillery in addition to the massive bombing campaign.

https://ongenocide.files.wordpress.com/2013/04/koreanwarartillerycasings.jpg

In late December 1950, General Matthew Ridgway took over command of the 8th Army which faced the KPA/CPF offensives. In April he was made Supreme Commander of UN forces.cvii From the first he created an offensive spirit and tactics to match. An infantryman put it thus:We were there to kill Chinese. That’s what they told us. The army was done with retreating. General Ridgway was in charge now, and he wasn’t a retreating general. We heard it every day from the officers. ‘Fix ’em, find ’em, kill ’em.’ We went out every day and we attacked. Seems like that’s all we did was attack. We hardly ate. We hardly slept. We just attacked.”cviii

The doctrine under which this occurred was referred to asattrition”. On the surface it seemed to have a military logic, at least in the time from January to March of 1951 in which the Communists were conducting major offensives and the UN conducting counteroffensives. In Malkasian’s words Ridgwaysought to wear down their manpower. To do so, superior UNC firepower was to be exploited to the maximum effect. The hallmark of Ridgway’s doctrine of attrition was his directive to his subordinates to maximize enemy casualties while minimizing those of the Eighth Army. Given the daunting Communist numerical superiority, conserving casualties was absolutely crucial.”cix

Implicit in the logic of this “attrition” were three concepts which as yet had no terminology, but would become central in later genocides – “body count”, “kill ratio”, and “force protection”. To understand let us contrast this “attrition” with attrition as it was understood previously by theorists such as Clausewitz. When Clausewitz wrote of a “war of attrition” he referred to the gradual wearing down of strength through the requirement of movement which fatigued personnel and caused supply problems.cx Attrition is primarily a function of ‘war of manouevre’ with the center of gravity here being lines of communication.cxi In the World Wars attrition was notably aimed at and achieved by the deprivation of strategic resources – the single most successful way of reducing the military strength of an adversary which was based so firmly in productive capacities. In Korea this sort of attrition was achieved by stretching supply lines, and this certainly provides one explanation for the two major retreats by ROK/US/UN forces. Interdiction was also a way open to the US to cause attrition. The US interdiction campaign during the Korean War was only very modestly successful. The main challenge to it was the fact that Communist forces used a far smaller tonnage of supplies than UN, or more acutely, US forces. They ran, as it were, on the smell of an oily rag.cxii Bear in mind, however, that the CPV were poorly equipped and the Communists lacked the ability to supply sustained offensives of more than about 14 days,cxiii but as the war progressed their diversified logistical operations supplied ever greater amounts of materièl to the front.cxiv (Communist logistics may have been robust and decentralised, but there was no Ho Chi Minh Trail, and one gets the inevitable impression from the partial success of the interdiction campaign that the Communists would have been highly vulnerable to a programme of interdiction which was as profligately supported as the “strategic” bombing and the “meatgrinder” version of attrition described below.)

https://i0.wp.com/www1.korea-np.co.jp/pk/101st_issue/Triumph_return.jpg

My point, and I will return to and illustrate the point, is that the Communist forces had to be more vulnerable in their materièl inferiority than in their numerical superiority. This is true notwithstanding the early Chinese belief that “deception, stealth, and night fighting would enable their poorly armed soldiers to overcome Western technological and materiel superiority.cxv With offensives severely limited by logistical concerns the Communists could only hope to chip away slowly at UN positions, but there was nothing to stop the UN from using its superior firepower to regain ground as proved to be the case in early 1951. Malkasian writes:

Ridgway’s first use of attrition was successful. [CPV commander] Peng [Dehuai] launched the Third Phase Offensive in sub-zero conditions on 31 December 1950. Although Ridgway was forced to abandon Seoul, his withdrawal stretched the Communist supply lines to breaking point, forcing Peng to call off the offensive. Ridgway was anxious to seize the initiative. On 15 January 1951, he mounted a reconnaissance in force, Operation Wolfhound, followed by a full-blown counteroffensive.cxvi

Others agree that it was the logistical difficulties that ended Chinese offensive actions.cxvii After the failure of the Third Phase Offensive, Peng returned to Beijing to inform Mao that the Communists could not win the war because supply lines had reached their maximum length.cxviii

Apart from the withdrawal during the Third Phase Offensive, however, Ridgway’s “attrition” had little to do with exploiting and exacerbating logistical weakness. It was about killing. After the capture of Seoul Ridgway ordered a limited offensive north of the 38th to establish the “Kansas Line” on high ground, but his whole doctrine was more generally to avoid taking territory or holding positions at the expense of casualties, while at the same time inflicting as many casualties as possible through the offensive “attrition” that became known to soldiers as the “meat grinder”. This involved staging attacks purely aimed at inflicting as many casualties as possible.cxix This was “limited war”. In fact, near the start of the “Big Bug-Out”, only 12 days after the Chinese entry into the war, and only 8 days after threatening the use of atomic weapons, Truman publicly abandoned the goal of military unification.cxxLimited war” meant, therefore, killing as many people as possible while maintaining a military stalemate, bearing in mind that bombing and massacres were ongoing.

Mao, however, was not to reach the same conclusion as Peng regarding the impossibility of significant military gain until the failure of the Fifth Phase Offensive which came to a halt because of a lack of food and ammunition. The hungry and ill-armed CPV troops were panicked by the inevitable counteroffensive and the UN advanced somewhat north of the Kansas Line, and then stopped.cxxi Neither side was trying to win the war now, and the Chinese also began using “attrition” in the sense of trying to inflict disproportionate casualties in terms relative to total numbers available.cxxii Perhaps it made slightly more sense for the numerically superior force to engage in this behaviour, but in the broader picture it was really just playing into the US hands, allowing them to maintain deadly conflict when there was really no military purpose in the killing.

Whether one dates it to the end of the Fifth Phase Offensive or the end of the subsequent UN counteroffensive, the stalemate phase lasted more than twice as long as the mobile phase of the war, and cost more lives. The stalemate was characterised by “see-saw” battles, wherein the same ground was taken and retaken many times overcxxiii in a manner akin to the mindless butchery of World War I. But this time, off centre stage, civilians were dying in numbers much greater than the battlefield deaths and a bitter guerilla war was fought with napalm and atrocities.

Cease-fire negotiations began on 10 July 1951 and continued for just over two years. One writer characterises them thus: “Throughout the duration of the negotiations U.S. leaders produced harsh ultimatums rather than workable bargaining positions, thereby presumably obviating any form of enemy flexibility.cxxiv The Communists tried to maximise the propaganda value of the talks, setting things up originally to give an impression of the UN being there to sue for peace,cxxv and they were able to capitalise on US dishonesty by the use of dissident Western journalists.cxxvi Early on armed Chinese troops paraded bymistake” through the demilitarized area. They had mortars and machine guns, but the Chinese claimed that they were military police (MPs).cxxvii The US, however, made even more drasticmistakes”. On August 22 the conference site was bombed and strafed by aplane of unknown origin but flying from the south”.cxxviii In September the UN apologised for twoaccidental” attacks the second of which took the life of a 12 year old.cxxix According to Halliday and Cumings, the Communistsclaimed that these were deliberate attempts by sectors of the US military to sabotage the talks at key momentsand possibly to assassinate communist delegates. At the time the USA denied most of the charges. The official US military history later acknowledged that the USA carried out a large number of violations, including strafing and bombing the neutral zone and bombing the communist negotiators’ convoy en route to the site.”cxxx

If I were to characterise, very roughly, the nature of the negotiations it would be something like this: Often the Communists didn’t take the negotiations that seriously because the US positions were themselves so extreme as to render seriousness difficult. Nevertheless, on a number of issues the Communists would make major concessions, although with minor face-saving conditions. US officials would then vastly exaggerate the significance of such conditions and a compliant Western news media would follow the official line that it was in fact the Communists who were demonstrating a lack of good faith. The US was the only UN party at the talks and their British allies were frustrated and blamed the US rather than the Communists for the lack of progress in talks. They also believed that US military actions, publicly rationalised as being designed to force the Communists to negotiate in earnest, actually caused the Communists to harden their line.cxxxi When talks stalled over the issue of POW repatriation, the UK Foreign Office again held US intransigence to be the cause. From their Korea desk J. M. Addis minuted with words such asrapid and unexplained changes of front on the main question and a policy of stepping up demands after concessions have been madehas not contributed to removing the suspicion that undoubtably exists on the Communist side that the Americans do not sincerely want an armistice.”cxxxii

A compromise proposed by the PRC wherein POW’s who did not wish to be repatriated could be interviewed by a neutral country was scuppered by the US bombing of 5 power stations on Yalu undertaken without consulting the British. Omar Bradley claimed it was apurely military operation” designed to apply pressure for negotiations.cxxxiii The proposal had been a major concession by the PRC because the 1949 Geneva Convention Article 118 made repatriation compulsory without exception. At the outbreak of war the US (a ratified signatory) and the DPRK (a non-signatory) announced adherence to extant Geneva Conventions (the PRC, a non-signatory, made such an announcement in 1952).cxxxiv Additionally, while within in the camps their were many who wished to defect, others were coerced by right-wing elements by threatened starvation and torture sessions.cxxxv

On the 13th of May the US began a series of bombing raids against DPRK dams. Timed just after the laborious work of rice transplantation, before plants had taken root, the resultant floods cause utter devastation. The bombing of the Toksan dam, for example,scooped clean 27 miles of valley” with floodwaters reaching and inundating large parts of Pyongyang. Many thousands must have drowned.cxxxvi Both stores and people were made more vulnerable by having been driven underground. But the direct mortality may be less significant than that which was to follow due to the destruction of the rice crop. As a US intelligence report puts it:The Westerner can little conceive the awesome meaning which the loss of this staple food commodity has for the Asianstarvation and slow death.”cxxxvii

An armistice was finally signed on 27 July 1953, but Korean suffering was far from over. Today one is accustomed, for very good reasons, to contrasting the impoverished and repressive DPRK with the wealthy and democratic ROK. One might think that the massive destruction and proportionately far greater death in the DPRK would leave them much worse off than those to the South. On the contrary, however, the people of the ROK were in fact worst off. The US was determined that the ROK should be a Third World state producing primary goods only.cxxxviiiIn 1961, eight years after the end of its fratricidal war with North Korea, South Koreas yearly income stood at $82 per person. The average Korean earned less than half the average Ghanaian citizen ($179).”cxxxix They were ruled by a US client who allowed the US to dictate economic policy and then blamed him for the policies they themselves forced on the ROK.cxl The US pursued a policy of keeping de-industrialisation,cxli it destabilised the ROK economy even during the war,cxlii it caused destructive inflation,cxliii used coercion to get the ROK to effectively abdicate economic sovereignty in 1952,cxliv and when people were starving to death