verbena-19

Tomgram: Noam Chomsky on War Crimes in Iraq

In the Vietnam era, the subject of war crimes was the last to arrive and the first to depart. When, in 1971 in Detroit, Vietnam Veterans Against the War convened its Winter Soldier Investigation into U.S. war crimes in Southeast Asia, it was roundly ignored by the media. Over 100 veterans gave firsthand testimony to war crimes they either committed or witnessed. Beyond the unbearable nature of their testimony, the hearings were startling for the fact that here were men who yearned to take some responsibility for what they had done. But while it was, by then, possible for Americans to accept the GI as a victim in Vietnam, it proved impossible for most Americans to accept him as a human being taking responsibility for a crime against humanity. There was no place for this in the American imagination, it seemed, no less for the thought that the planning and prosecution of the war were potential crimes committed by our leaders. Evidently there still is none, which is why it's important to follow Noam Chomsky back into the Iraq of recent years to consider the American occupation of that country in the context of war crimes.

The piece that follows is an excerpt from Chomsky's new book, Failed States: The Abuse of Power and the Assault on Democracy, which is officially published on this very day. It is Chomsky at his best, a superb tour (de force) of a world in which the Bush administration has regularly asserted its right to launch "preventive" military interventions against "failed" and "rogue" states, while increasingly taking on the characteristics of those failed and rogue states itself. It will be an indispensable volume for any library. (You can check out a Chomsky discussion of it at Democracy Now!) Tom


Returning to the Scene of the Crime
War Crimes in Iraq
By Noam Chomsky

[This piece is adapted from Chapter 2 of Noam Chomsky's newest book, Failed States: The Abuse of Power and the Assault on Democracy (New York: Metropolitan Books, 2006).]

In 2002, White House counsel Alberto Gonzales passed on to Bush a memorandum on torture by the Justice Department's Office of Legal Counsel (OLC). As noted by constitutional scholar Sanford Levinson: "According to the OLC, ‘acts must be of an extreme nature to rise to the level of torture… Physical pain amounting to torture must be equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death.'" Levinson goes on to say that in the view of Jay Bybee, then head of the OLC, "The infliction of anything less intense than such extreme pain would not, technically speaking, be torture at all. It would merely be inhuman and degrading treatment, a subject of little apparent concern to the Bush administration's lawyers."

Gonzales further advised President Bush to effectively rescind the Geneva Conventions, which, despite being "the supreme law of the land" and the foundation of contemporary international law, contained provisions Gonzales determined to be "quaint" and "obsolete." Rescinding the conventions, he informed Bush, "substantially reduces the threat of domestic criminal prosecution under the War Crimes Act." Passed in 1996, the act carries severe penalties for "grave breaches" of the conventions: the death penalty, "if death results to the victim" of the breach. Gonzales was later appointed to be attorney general and would probably have been a Supreme Court nominee if Bush's constituency did not regard him as "too liberal."

How to Destroy a City to Save It

Click here to read more of this dispatch.

posted by Annamarie at 3:36 PM