The Cambodia Precedent: Justifying New Crimes on the Basis of Past Crimes

Standard

For John Kerry the incoming Secretary of State, the bombing of Cambodia by the US was illegal. But, even as Kerry reaffirms his condemnation of US actions in Cambodia, it comes to light that in June his colleagues in the Senate Judiciary and Intelligence committees were issued a white paper from the Department of Justice which claimed US intervention in Cambodia as being a legal precedent for the administrations use of targeted killings using drone strikes. In fact, “legal precedent” might be too strong a term, because what is actually cited is an address given by legal counsel to the State Department to a legal forum. Yes, they are using a speech rather than an adjudication as a claim of precedence, much as one might in some future time quote John Yoo as the legal precedent for a systematic programme of child torture by testicular crushing. On the other hand, the carpet bombing of Cambodia was one of the most brutal and notorious war crimes of the post-WWII era and not only has no one been prosecuted for the crime, but the principle perpetrator was awarded the Nobel Peace Prize a few years later – perhaps this is exactly the sort of precedent that the Obama administration looks towards.

With all of that in mind, it is worth revisiting exactly what the US did to the people of Cambodia. Then we can understand exactly what sort of moral precedent applies here – the sort that would make almost any organised crime boss, or terrorist, or psychopathic serial killer blanch with horrified disgust. If you think I’m exaggerating, read on.

3488968132_5ebe2568e7_z

In 2007 Barack Obama said: “The President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation.” In questioning John Kerry about Obama’s departure from that principle in Libya, Rand Paul elicited from Kerry, a reaffirmation that he, Kerry, still believed that the bombing of Cambodia was illegal. One might wonder, then, whether Obama’s new Secretary of State is going to oppose his famous “drone” assassination programme. I broach the subject because the Department of Justice rationalised the use of deadly force in other sovereign territories citing Cambodia as a precedent. This is an excerpt from their recently released White paper:

The Department has not found any authority for the proposition that when one of the parties to an armed conflict plans and executes operations from a base in a new nation, an operation to engage the enemy in that location cannot be part of the original armed conflict, and thus subject to the laws of war governing that conflict, unless the hostilities become sufficiently intense and protracted in the new location. That does not appear to be the rule of the historical practice, for instance, even in a traditional international conflict. See John R. Stevenson, Legal Adviser, Department of State, United States Military Action in Cambodia: Questions of International Law, Address before the Hammarskjold Forum of the Association of the Bar of the City of New York (May 28,1970)…, (arguing that in an international armed conflict, if a neutral state has been unable for any reason to prevent violations of its neutrality by the troops of one belligerent using its territory as a base of operations, the other belligerent has historically been justified in attacking those enemy forces in that state).

Now, let me start off by saying something absolutely clearly. The idea that the US can legally engage in a programme of assassinations using hellfire missiles fired from unmanned aerial vehicles is a patent falsehood – a complete joke – a non-starter – a parody – a stupid idea that no one should take seriously. A single ad hoc emergency strike might be justified as self-defence under Article 51 of the UN Charter, but a programme cannot be as self-defence because, under the charter, it can only be applied to imminent threats. This aspect of law isn’t rocket science, nor hidden within some mystical realm of legalese. The standard legal textbook dealing with this subject is Yoram Dinstein’s, War, Aggression and Self-Defense, now in its 4th edition. It is a pretty straightforward book (and I’m no lawyer) and on this particular subject it is so unequivocal that it is impossible that any superior authority might find some crucial flaw which would invalidate Dinstein. The reason it is so unequivocal is that the US arguments have already been ruled against by no lesser body than the International Court of Justice. The reason for this is that the US has already deployed almost the exact same reasoning to justify its actions against Nicaragua.

On Nicaragua v. United States of America, the ICJ ruled “By twelve votes to three, Rejects the justification of collective self-defence maintained by the United States of America in connection with the military and paramilitary activities in and against Nicaragua the subject of this case; …. By twelve votes to three, Decides that the United States of America, by training, arming, equipping, financing and supplying the contra forces or otherwise encouraging, supporting and aiding military and paramilitary activities in and against Nicaragua, has acted, against the Republic of Nicaragua, in breach of its obligation under customary international law not to intervene in the affairs of another State….” And goes on to add other grounds of violation, including a similar finding against the US mining of Nicaragua’s main port. Dinstein explores the US self-defence claims and notes that although self-defence was ruled out on other grounds this did not prevent judges from further noting that the three requisite conditions of immediacy, necessity, and proportionality were also unsustainable.1

In the Nicaragua case, as now, the US argued that conditions of immediacy, necessity and proportionality were met, but then, as now, these are just empty words disproved by the simplest of geographical facts. Such claims are even further disproved by publicly available details of the US assassination programme, such as the use of “signature strikes” and the use of “double tap” follow up strikes. These practices demolish self-defence arguments even as they raise further questions about breaches of International Humanitarian Law (such as the Fourth Geneva Convention (1949)) and International Human Rights Law (such as Article 3 of the Universal Declaration of Human Rights which affirms “the right to life, liberty and security of person”).

So, how much does citing US actions in Cambodia strengthen the feeble claims of legal rationale for drone strikes? I would say somewhat less than not at all, partly because US military actions in Cambodia were clearly not legal and partly because they too failed the test of self-defence (hence arguably being crimes against the peace) but they were also gross breaches of International Humanitarian Law, and should be classified as genocide – which is considered an “aggravated crime against humanity

2478271872_9763673fd7_z

When people think of genocide and Cambodia, they tend to think of the Khmer Rouge, and the “Killing Fields”; of their evidently insane Democratic Kampuchea regime which began its “Year Zero” in 1975. But a Finnish Inquiry Commission designated the years 1969 to 1975 in Cambodia (a time of massive aerial bombardment by the US and of bitter civil war wholly sustained by the US) as Phase 1 of the ‘Decade of Genocide’.2Estimates of Cambodian deaths resulting from the 1969-75 war range from Vickery’s 500,000 killed3 to a credible 1 million excess deaths estimated by Sorpong Peou.4 Given that the Cambodian population was an estimated 6 or 7 million in the period of the Second Indochina War, this gives us a figure of between 1 in 6 and 1 in 14 of all Cambodians killed.

US actions inside Cambodian borders began years before the devastating carpet bombing. The US ‘Studies and Operations Group’ conducted attacks with US Special Forces personnel in Cambodia throughout the 1960s. In 1967 these were institutionalised as “Salem House” (later known as “Daniel Boone”). This programme was kept secret from the US congress and conducted a total of 1,835 missions. Their primary activity appears to have been the laying of “sanitized self-destruct antipersonnel” mines anywhere up to 30 kilometres beyond the border. Their supposed mission was intelligence gathering, but throughout the whole programme they only captured 24 prisoners.5 The Special Forces troops usually disguised themselves as Vietnamese PLAF fighters and sometimes murdered civilians in false-flag operations.6

In 1970 Sihanouk was overthrown by General Lon Nol7 and Prince Sirik Matak with tacit support from Washington and probable assistance by the CIA. Washington recognised the new regime within hours.8 So fast was recognition of Lon Nol’s government that it must have precluded any possibility that the changes on the ground were being assessed, which strongly suggests that the US must have had detailed foreknowledge in order to have any confidence in its judgement. Sihanouk’s overthrow made civil war unavoidable.

In 1969, before the above events, the US began bombing Cambodia in what was known as “Operation Menu”. From Saigon, US General Creighton Abrams insisted that he had “hard evidence” that the Central Office for South Vietnam headquarters (COSVN HQ) had been located in the “Fish Hook” salient of Cambodia.9 The problem was that no such place ever existed, though for years the US had mounted operations to crush it when they claimed it was located in South Vietnam.10 Once under way, Operation Menu spread to other areas. Despite the carpet bombing of area supposed to contain COVSN HQ, in April 1970 Abrams claimed that the headquarters still existed as a fortified underground bunker with 5000 personnel.11 In May US and RVN forces invaded Cambodia, the action justified in part as an attempt, yet again, to wipe out the COVSN HQ “which had become the Holy Grail of the American war”.12 The US/RVN invasion simply, and predictably, drove communist forces deeper into Cambodia.13

It is a known and predictable effect that the killing of civilians drives people to take up arms, it is a “counterproductive” counter-insurgency tactic which actually strengthens the enemy.14 It is worth remembering that the famous maverick US Army officer John Paul Vann made the same observation in 1962.15One of the most striking examples of generating an enemy by killing civilians, is what occurred in Cambodia from 1969 onwards. Ben Kiernan repeatedly cites evidence in numerous consecutive instances that US/RVN aerial bombardment strengthened the Khmer Rouge insurgency, and, more specifically the anti-Vietnamese faction of the Khmer Rouge under Pol Pot.16 In 1969, the Khmer Rouge consisted of perhaps 4000 – an ultimately unthreatening insurgency. By the end of 1972, they were able, with DRV logistical support, to “hold their own” against Lon Nol’s armed forces, which, at US instigation, had been enlarged to between 132,000 and 176,000 (not counting “ghost” soldiers, who existed only on the books of the corrupt officers who collected their pay) and had massive US/RVN air support.17 In William Shawcross’s words, “the new war was creating enemies where none previously existed”18 and by this stage, Lon Nol’s regime was already reduced to the control of shrinking and fragmenting enclaves.19

When the the US generated a war in Cambodia they had already had a great deal of experience in Vietnam and Laos, and what occurred in Cambodia is, in many ways, a naked exposure of the logic behind the genocidal war system, less obfuscated because, ironically, Cambodia was a “sideshow” where it was not the details but the whole war which was kept obscure from the public.

Within a year of Lon Nol’s coup, as mentioned, the economy of Cambodia was virtually destroyed, not only by bombing, but also by US aid. Aid was channelled to the import of commodities and surplus US agricultural goods. It also underwrote the Cambodian government and armed forces: “By the end of 1970, the government was spending five times its revenue and earning nothing abroad.”20 Most of the population became reliant on US aid to eat, and rice supplies were kept at the minimum level needed to prevent food riots. By 1975, malnutrition was widespread and many children starved to death.21

Going back in time to 1970, less than two months after the coup that brought Lon Nol to power, the US invaded Cambodia, along with ARVN forces. They did not bother to forewarn Lon Nol who found out after Richard Nixon had announced the invasion publicly.22 This invasion along US and RVN bombing and the civil war made refugees of around half of the Cambodian population.23Lon Nol was outraged by the invasion and when later briefed by Alexander Haig (then military assistant to Kissinger) about US intentions he wept with frustration. According to Shawcross, “He wished that the Americans had blocked the communists’ escape route before attacking, instead of spreading them across Cambodia. … The Cambodian leader told Haig that there was no way his small force could stop them. … [Haig] informed Lon Nol that President Nixon intended to limit the involvement of American forces…. They would be withdrawn at the end of June. The the President hoped to introduce a program of restricted military and economic aid. As the implications of Haig’s words for the future of Cambodia became clear to Lon Nol, he began to weep. Cambodia, he said, could never defend itself.”24

B-5222

As has been detailed, US actions, particularly in bombing, were directly responsible for creating the communist enemy which overthrew Lon Nol. The bombing between 1969 and 1973 took up to 150,000 lives.25 If averaged out, over 33 tons of ordnance were used to kill each Khmer Rouge insurgent.26 Despite the fact that Vietnamese pilots bombed any Cambodian they could, which aided only the Khmer Rouge, Lon Nol acceded to a US demand that he request an increase in VNAF bombing in 1971.27 By May 1972, the Lon Nol regime had control of perhaps 10 per cent of the country and continued to lose territory which was thereafter fragmented into ever smaller enclaves.28 The result was by that stage foregone, and yet the war dragged on for three years with the greater part of the 1 million deaths occurring after that point.

In 1970, when Henry Kissinger briefed Jonathan “Fred” Ladd, who was slated to conduct the war in Cambodia, he told him, “Don’t even think of victory; just keep it alive.”29 The point of the US bombing was not to win a military victory – it was to destroy Cambodia as part of an Indochina “exit strategy” – and that is a clear instance of genocide under the United Nations Convention on the Prevention and Punishment of the Crime of Genocide. When the US Congress finally blocked aid to Cambodia and South Vietnam, it was with the belated realisation that such aid would not give any hope of victory or improve a bargaining position. Senator Mike Mansfield spoke out, “Ultimately Cambodia cannot survive…. Additional aid means more killing, more fighting. This has got to stop sometime.”30

So that was the end of the US involvement in Cambodia, and their legal culpability. The Khmer Rouge took over Phnom Penh, and the refugees were shocked to see that the black-clad cadres were mostly young teens, fanatical and brutalised by half a young lifetime of fighting and death. The US was not responsible for the fantasies of the Pol Pot clique, who believed that supernatural amounts of food could be produced without recourse to machine power, nor for their refusal to accept aid. But the US had deliberately brought the Cambodian population to the brink of starvation – destroying farmland and driving peasants off the land. Perhaps 500,000 or more died of starvation. Hundreds of thousands were executed for political or ideological reasons, murdered by the Khmer Rouge who the US had largely brought into existence. And when the Vietnamese put the regime to an end (and despite what you may read about this being justifiable as “humanitarian intervention” it was in fact legitimate self-defence – if you don’t believe me you can read about Khmer Rouge foreign policy, border attacks, and espoused official desire to exterminate all Vietnamese) when the Khmer Rouge were supplanted, the US insisted that they retain a seat at the UN and started giving aid to their guerilla forces.

Drone 5860787655_2b5f5feff3_z

So, do I think that the Cambodia precedent is a good one to justify an assassination programme? No, I do not. But then again I am not from the US, and perhaps I am failing to grasp the subtle point that next to no “Americans” died in Cambodia (none that were officially acknowledged) therefore it did not happen. I don’t want to be offensive, but if they do not wish to be complicit with the crimes of the US regime, US anti-drone campaigners must avoid all trace of exceptionalism. I am sure they mean no harm, but why allow yourselves to be drawn into this ridiculous framework of seeing the drone programme as being primarily a question of “the targeting of Americans without due process.” There have been 5 US citizens killed with US drones whereas at least 4000 non-US citizens have been killed. Why would anyone, in those circumstances, give primacy to concern over “US citizens” and “due process”? This fetishisation of the idolised US Constitution is getting old. Besides which, the US Constitution’s “Supremacy Clause” (Article 6, Clause 2) actually gives treaties the same status as federal law – which would include the Nuremberg Charter and the UN Charter, among other things. Furthermore, by allowing the issue to be framed in such a manner, psychologically you set yourself and others up for being mollified by cosmetic measures offered to guarantee the rights of US citizens while retaining the right to kill foreigners at will. Do you really believe that being a US citizen or being born in Denver makes someone more human?

1 Yoram Dinstein, War, Aggression and Self-Defence (3rd ed.), Cambridge: Cambridge University Press, 2001, pp 184-5.

2 Edward Herman and Noam Chomsky, Manufacturing Consent: The Political Economy of the Mass Media. London: Vintage, 1994 (1988), p 260.

3 Ibid, p 263.

4 Sorpong Peou, Intervention & Change in Cambodia: Towards Democracy? Singapore: Institute of Southeast Asian Studies, 2000, p 54.

5 Ibid, pp 64-5.

6 Ben Kiernan, The Pol Pot Regime: Race, Power, and Genocide in Cambodia under the Khmer Rouge. New Haven and London: Yale University Press, 1996, p 18.

7 The US had developed ties with Lon Nol in the 1950s and by 1970, according to CIA officer Frank Snepp, he was one of two candidates being groomed by the CIA to take Sihanouk’s place (William Shawcross, Sideshow: Kissinger, Nixon and the Destruction of Cambodia. London: Fontana, 1980 (1979), pp 114-5).

8 Ibid, pp 114-23; William Blum, Killing Hope: U.S. Military and C.I.A. Interventions Since World War II (2nd ed.), Monroe: Common Courage Press, 2004, pp 137-8; Peou, Intervention & Change in Cambodia, pp 125-6.

9 Shawcross, Sideshow, p 19.

10 Marilyn Young, The Vietnam Wars 1945-1990, New York: Harper Perennial, 1991, pp 72, 186; Tucker, Vietnam, p 129; Turley, The Second Indochina War, pp 79-80.

11 Shawcross, Sideshow, p 140.

12 Young, The Vietnam Wars, p 245.

13 Shawcross, 1979, p 151.

14 David Keen, Endless War? Hidden functions of the ‘War on Terror’. London, Ann Arbor: Pluto Press, 2006, pp 58-61.

15 Neil Sheehan, A Bright Shining Lie: John Paul Vann and America in Vietnam (New York: Vintage 1989 (1988), p pp 106-111.

16 Kiernan, The Pol Pot Regime, pp 19-23. Also see Peou, Intervention & Change in Cambodia, p 128.

17 Shawcross, Sideshow, pp 73, 180, 194-5, 261.

18 Ibid, p 249.

19 Ibid, p 254.

20 Ibid, p 220.

21 Ibid, p 317-9.

22 Ibid, p 149.

23 Peou, Intervention & Change in Cambodia , p 127.

24 Shawcross, Sideshow, p 163.

25 Kiernan, The Pol Pot Regime, p 24.

26 Ibid, p 19.

27 Shawcross, Sideshow, p 186.

28 Ibid, pp 254-5.

29 Ibid, p 169.

30 Nigel Cawthorne, Vietnam: A War Lost and Won. London: Arcturus Publishing, 2003, p 213.

Bomber in Chief: 20,000 Airstrikes in the President’s First Term Cause Death and Destruction From Iraq to Somalia | Alternet by Nicolas J.S. Davies

Standard

Bomber in Chief: 20,000 Airstrikes in the President’s First Term Cause Death and Destruction From Iraq to Somalia | Alternet.

Bomber in Chief: 20,000 Airstrikes in the President’s First Term Cause Death and Destruction From Iraq to Somalia

AlterNet / By Nicolas J.S. Davies

Day after day, U.S. air strikes have conclusively answered the familiar question of 9/11: “Why do they hate us?”

Photo Credit: AFP

Many people around the world are disturbed by U.S. drone attacks in Afghanistan, Pakistan, Yemen, Somalia and elsewhere. The illusion that American drones can strike without warning anywhere in the world without placing Americans in harm’s way makes drones dangerously attractive to U.S. officials, even as they fuel the cycle of violence that the “war on terror” falsely promised to end but has instead escalated and sought to normalize. But drone strikes are only the tip of an iceberg, making up less than 10 percent of at least 20,130 air strikes the U.S. has conducted in other countries since President Obama’s inauguration in 2009.

The U.S. dropped  17,500 bombs during its invasion of Afghanistan in 2001. It conducted  29,200 air strikes during the invasion of Iraq in 2003. U.S. air forces conducted at least another  3,900 air strikes in Iraq over the next eight years, before the Iraqi government finally negotiated the withdrawal of U.S. occupation forces. But that pales next to at least 38,100 U.S. air strikes in Afghanistan since 2002, a country already occupied by U.S. and NATO forces, with a government pledged by its U.S. overlords to bring peace and justice to its people.
The Obama administration is responsible for  at least 18,274 air strikes in Afghanistan since 2009, including at least 1,160 by pilotless drones. The U.S. conducted at least 116 air strikes in Iraq in 2009 and about  1,460 of NATO’s 7,700 strikes in Libya in 2011. While the U.S. military does not publish figures on “secret” air and drone strikes in other countries, press reports detail a five-fold increase over Bush’s second term, with at least  303 strikes in Pakistan125 in Yemen and 16 in Somalia.
Aside from the initial bombing of Afghanistan in 2001 and the “shock and awe” bombing of Iraq in March and April 2003, the Obama administration has conducted more air strikes day-in day-out than the Bush administration. Bush’s roughly 24,000 air strikes in seven years from 2002 to 2008 amounted to an air strike about every 3 hours, while Obama’s 20,130 in four years add up to one every 1-3/4 hours.
The U.S. government does not advertise these figures, and journalists have largely ignored them. But the bombs and missiles used in these air strikes are powerful weapons designed to inflict damage, death and injury over a wide radius, up to hundreds of feet from their points of impact. The effect of such bombs and shells on actual battlefields, where the victims are military personnel, has always been deadly and gruesome. Many soldiers who lived through shelling and bombing in the First and Second World Wars never recovered from “shell-shock” or what we now call PTSD.
The use of such weapons in America’s current wars, where “the battlefield” is often a euphemism for houses, villages or even urban areas densely populated by civilians, frequently violates otherwise binding rules of international humanitarian law. These include the  Fourth Geneva Convention, signed in 1949 to protect civilians from the worst effects of war and military occupation.
Beginning in 2005, the U.N. Assistance Mission for Iraq (UNAMI) issued quarterly reports on human rights in Iraq. They included details of U.S. air strikes that killed civilians, and UNAMI called on U.S. authorities to fully investigate these incidents.  A UNAMI human rights report published in October 2007 demanded, “that all credible allegations of unlawful killings by MNF (multi-national force) forces be thoroughly, promptly and impartially investigated, and appropriate action taken against military personnel found to have used excessive or indiscriminate force.”
The UN human rights report included a reminder to U.S. military commanders that, “Customary international humanitarian law demands that, as much as possible, military objectives must not be located within areas densely populated by civilians. The presence of individual combatants among a great number of civilians does not alter the civilian nature of an area.”
But no Americans have been held criminally accountable for civilian casualties in air strikes, either in Iraq or in the more widespread bombing of occupied Afghanistan. U.S. officials dispute findings of fact and law in investigations by the UN and the Afghan government, but they accept no independent mechanism for resolving these disputes, effectively shielding themselves from accountability.
Besides simply not being informed of the extent of the U.S. bombing campaigns in Iraq and Afghanistan, the U.S. public has been subject to military propaganda about the accuracy and effectiveness of “precision” weapons. When military forces detonate tens of thousands of powerful bombs and missiles in a country, even highly accurate weapons are bound to kill many innocent people. When we are talking about 33,000 bombs and missiles exploding in Iraq, 55,000 in Afghanistan and 7,700 in Libya, it is critical to understand just how accurate or inaccurate these weapons really are. If only 10 percent missed their targets, that would mean nearly 10,000 bombs and missiles blowing up something or somewhere else, killing and maiming thousands of unintended victims.
But even the latest generation of “precision” weapons is not 90 percent accurate. One of the world’s leading experts on this subject, Rob Hewson, the editor of the military journal Jane’s Air Launched Weapons, estimated that  20 to 25 percent of the 19,948 precision weapons used in the “shock and awe” attack on Iraq in 2003 completely missed their targets. The other 9,251 bombs and missiles were not classified as “precision” weapons in the first place, so that only about 56 percent of the total 29,199 “shock and awe” weapons actually performed with “precision” by the military’s own standards. And  those standards define precision for most of these weapons only as striking within a 29 foot radius of the target.
To an expert like Rob Hewson who understood the real-world effects of these weapons, “shock and awe” presented an ethical and legal problem to which American military spokespeople and journalists seemed oblivious. As he told the Associated Press, “In a war that’s being fought for the benefit of the Iraqi people, you can’t afford to kill any of them. But you can’t drop bombs and not kill people. There’s a real dichotomy in all of this.”The actual results of U.S. air strikes were better documented in Iraq than in Afghanistan. Epidemiological studies in Iraq bore out Hewson’s assessment, finding that tens of thousands, maybe hundreds of thousands, of Iraqi civilians were killed by U.S. air strikes.  The first major epidemiological study conducted in Iraq after 18 months of war and occupation concluded:

Violent deaths were widespread … and were mainly attributed to coalition forces. Most individuals reportedly killed by coalition forces were women and children … Violence accounted for most of the excess deaths and air strikes from coalition forces accounted for most violent deaths.

When the same team from Johns Hopkins and Baghdad’s Al Mustansariya University did  a more extensive study in Iraq in 2006 after three years of war and occupation, it found that, amidst the proliferation of all kinds of violence, U.S. air strikes by then accounted for a smaller share of total deaths, except in one crucial respect: they still accounted for half of all violent deaths of children in Iraq.
No such studies have been conducted in Afghanistan, but hundreds of thousands of Afghans now living in refugee camps tell of  homes and villages destroyed by U.S. air strikes and of family members killed in the bombing. There is no evidence that the pattern of bombing casualties in Afghanistan has been any kinder to children and other innocents than in Iraq. Impossibly low figures on civilian casualties published by the U.N. mission in Afghanistan are the result of small numbers of completed investigations, not comprehensive surveys. They therefore give a misleading impression, which is then amplified by wishful and uncritical Western news reports.
When the UN identified only 80 civilians killed in U.S. Special Forces night raids in 2010, Nader Nadery of the Afghanistan Independent Human Rights Commission, who worked on the UN report, explained that  this was based on completed investigations of only 13 of the 73 incidents reported to the UN for the year. He estimated the number of civilians killed in all 73 incidents at 420. But most U.S. air strikes and special forces raids occur in resistance-held areas where people have no contact with the UN or the Human Rights Commission. So even thorough and complete UN investigations in the areas it has access to would only document a fraction of total Afghan civilian casualties. Western journalists who report UN civilian casualty figures from Afghanistan as if they were estimates of total casualties unwittingly contribute to a propaganda narrative that dramatically understates the scale of violence raining down from the skies on the people of Afghanistan.
President Obama and the politicians and media who keep the scale, destructiveness and indiscriminate nature of U.S. air strikes shrouded in silence understand only too well that the American public has in no way approved this shameful and endless tsunami of violence against people in other countries. Day after day for 11 years, U.S. air strikes have conclusively answered the familiar question of 9/11: “Why do they hate us?” As Congressmember Barbara Lee warned in 2001, we have “become the evil we deplore.” It is time to change course. Ending the daily routine of deadly U.S. air strikes, including but by no means limited to drone strikes, should be President Obama’s most urgent national security priority as he begins his second term in office.

Nicolas J. S. Davies is author of Blood On Our Hands: The American Invasion and Destruction of Iraq. He wrote the chapter on “Obama At War” for the just released book, Grading the 44th President: A Report Card on Barack Obama’s First Term as a Progressive Leader.

Intro of Intros – The scope of topics discussed

Standard

Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity, but as members of the national group.
The following illustration will suffice. The confiscation of property of nationals of an occupied area on the ground that they have left the country may be considered simply as a deprivation of their individual property rights. However, if the confiscations are ordered against individuals solely because they are Poles, Jews, or Czechs, then the same confiscations tend in effect to weaken the national entities of which those persons are members.
Genocide has two phases: one, destruction of the national pattern of the oppressed group; the other, the imposition of the national pattern of the oppressor. This imposition, in turn, may be made upon the oppressed population which is allowed to remain or upon the territory alone, after removal of the population and the colonization by the oppressor’s own nationals. – Lemkin, Axis Rule in Occupied Europe, p 79.

That is how the inventor of the term ‘genocide’ introduced the concept.  There is a certain problem in that the ‘destruction of the national pattern’ cannot be taken as an absolute, but I will save that for another post.  Instead I will use Lemkin’s image of genocide as  ‘a composite of different acts of persecution or destruction’ (Axis Rule, p 92) as an entrée into the wide range of topics which pertain to the subject of genocide.

To start with there are the elements of genocide enumerated by Lemkin himself: Economic, social, physical, biological, cultural, political, religious, and moral.  Each of these is a separate topic in its own right, but in genocide a number work in synergistic union in a ‘coordinated plan’.  Popular imagination for understandable reasons gives primacy to the physical aspect of destruction – the acts of mass murder.  For me also, and within this blog, it is the systematic killing of civilians that is of salient importance.*  That said, however, it should be recognised that, taking a dispassionate view, the central aspect of genocide is economic destruction (known in and of itself as econocide).  Economic destruction is the only single aspect listed by Lemkin that can be realistically utilised to effect all others, including physical destruction (notwithstanding that all of these things are inter-related such that any social destruction, for example, may have an economic effect).  A later post will discuss econocide and contentions that it alone may constitute genocide (‘economic genocide’) and the contention that ongoing structural violence against the peoples of poorer states is a form of genocide (‘structural genocide’).

Economics, therefore, will be central to much of the the writing within this blog.  They are a key aspect of the perpetration of genocide, and no exception need be made here for the Holocaust or the Shoah, and there is often an economic strategic consideration which provides a central motive in the perpetration of genocide.  Of particular interest, something which will be recurrent in posts, is the adoption of an antidevelopmental approach which may come in the form of econocide, but which may also be an impelling strategic factor motivating genocide itself.

Imperialism is linked to both an antidevelopmental paradigm of domination (dating back to the early modern period) and to genocide itself.  Lemkin explicitly linked genocide to colonialism (meaning ‘settler colonialism’) but in practice it is almost as intrinsic to imperial hegemony as it is to colonialism.  One may see that this is implicitly hinted at in the third paragraph quoted above, although one must expand and elaborate on ‘the imposition of the national pattern of the oppressor.’

War and the military provide another set of topics.  Most genocides** involve military personnel as the main direct perpetrators of mass murder.  Moreover, most genocides** are characterised by perpetrators as a form of warfare.  The creation of a perpetrator of genocide begins with whatever chauvinist or other enabling ideologies are abroad in civilian life, continues with military indoctrination and training, and is brought to fruition by the situational*** elements generated in alleged wars.

This brings me to ideology.  Ideology is of crucial importance, but it is not, as it is so often portrayed, the driving force behind genocides.  Every indication is that genocide is not prompted by a particular hatred, but rather that a pre-existing ideology of hatred is an element that is less motive than enabling.  Further, it is clear that those who would undertake genocide deliberately stoke the flames of hatred, while genocide itself fans those very flames among perpetrators.  I aim to demonstrate that the seeming ‘chicken-and-egg’ problem posed by the role of ideology can be resolved in favour of regarding ideology as distinctly subservient to strategic considerations among planners of genocide.

Ideology is also distinctly subservient in a arena of international relations, but nevertheless may be of some import if it, for example, facilitates inadmissable independent development and economic sovereignty.  More relevant concerns are geostrategic in nature.  More to the point are those strategic concerns which are affected by populations – thus, for example, an oil rich state with a small population does not present the same challenges to US imperial hegemony that an oil rich state with a large population does.  The religious, cultural, ideological, political and social nature of these populations also has a bearing.  ‘Geostrategy’ doesn’t really convey the full sense of this aspect, indeed it really refers to distinct matter, so I am forced to coin the phrase ‘demostrategy’.****

I could continue, but I bet this sort of generalised and abstract exposition is pretty boring to read.  The point I wanted to make is that genocide relates directly to a very wide variety of topics.  Economics, imperialism, military matters, ideology, geostrategy and demostrategy are not exhaustive by any means.  And as the reader will find, if they read further, there is also a great deal to be added on the subject of the misuse of the term genocide.

* I will be posting on the issue of systematic mass murder in contrast to extermination or intended extermination at some point, hopefully soon.

** Strictly speaking I should not claim to be writing of ‘most genocides’ without explaining why I exclude those sets of acts which fit the definition of genocide but which do not involve mass murder.  Arguably such ‘genocides’ are greater in number than those involving mass murder, but I am arbitrarily excluding from my considerations all putative genocides which do not bring about mortalities of 100,000 or more.  That is very crude and baseless, I do understand, but there is a method in my madness which will be elucidated upon at a later date.

*** A jargon word meaning ‘circumstantial’, presumably adopted because of the confusing connotations given to the term ‘circumstantial’ by literature, film and television dealing with issues of criminal justice.

**** I don’t like the academic tendency to coin terms at the drop of a hat, so when this one sprung from my head like some scholarly demon-spawn, dripping the ichor of tautology, I recoiled.  Unfortunately the beast insinuated itself into my thoughts because it just such a useful catch-all for the sort of strategic factors which I consider to be paramount in motivating genocide.