June 23, 2021
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'War on Terror'

There are ways to deal constructively with the threat of terror, though not those preferred by "bin Laden's indispensable ally," or those who try to avoid the real world by striking heroic poses about Islamo-fascism...

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'War on Terror'
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Full text of the Amnesty International Annual Lecture Hosted by Trinity College

 

"Terror" is a term that rightly arouses strong emotions and deep concerns. The primary concern should, naturally, be to take measures to alleviate the threat, which has been severe in the past, and will be even more so in the future. To proceed in a serious way, we have to establish some guidelines. Here are a few simple ones:

(1) Facts matter, even if we do not like them.

(2) Elementary moral principles matter, even if they have consequences that we would prefer not to face.

(3) Relative clarity matters. It is pointless to seek a truly precise definition of "terror," or of any other concept outside of the hard sciences and mathematics, often even there. But we should seek enough clarity at least to distinguish terror from two notions that lie uneasily at its borders: aggression and legitimate resistance.

If we accept these guidelines, there are quite constructive ways to deal with the problems of terrorism, which are quite severe. It’s commonly claimed that critics of ongoing policies do not present solutions. Check the record, and I think you will find that there is an accurate translation for that charge: "They present solutions, but I don’t like them."

Suppose, then, that we accept these simple guidelines.

Let’s turn to the "War on Terror." Since facts matter, it matters that the War was not declared by George W. Bush on 9/11, but by the Reagan administration 20 years earlier. They came into office declaring that their foreign policy would confront what the President called "the evil scourge of terrorism," a plague spread by "depraved opponents of civilization itself" in "a return to barbarism in the modern age" (Secretary of State George Shultz). The campaign was directed to a particularly virulent form of the plague: state-directed international terrorism. The main focus was Central America and the Middle East, but it reached to southern Africa and Southeast Asia and beyond.

A second fact is that the war was declared and implemented by pretty much the same people who are conducting the re-declared war on terrorism. The civilian component of the re-declared War on Terror is led by John Negroponte, appointed last year to supervise all counterterror operations. As Ambassador in Honduras, he was the hands-on director of the major operation of the first War on Terror, the contra war against Nicaragua launched mainly from US bases in Honduras. I’ll return to some of his tasks. The military component of the re-declared War led by Donald Rumsfeld. During the first phase of the War on Terror, Rumsfeld was Reagan’s special representative to the Middle East. There, his main task was to establish close relations with Saddam Hussein so that the US could provide him with large-scale aid, including means to develop WMD, continuing long after the huge atrocities against the Kurds and the end of the war with Iran. The official purpose, not concealed, was Washington’s responsibility to aid American exporters and "the strikingly unanimous view" of Washington and its allies Britain and Saudi Arabia that "whatever the sins of the Iraqi leader, he offered the West and the region a better hope for his country’s stability than did those who have suffered his repression" -- New York Times Middle East correspondent Alan Cowell, describing Washington’s judgment as George Bush I authorized Saddam to crush the Shi’ite rebellion in 1991, which probably would have overthrown the tyrant.

Saddam is at last on trial for his crimes. The first trial, now underway, is for crimes he committed in 1982. 1982 happens to be an important year in US-Iraq relations. It was in 1982 that Reagan removed Iraq from the list of states supporting terror so that aid could flow to his friend in Baghdad. Rumsfeld then visited Baghdad to confirm the arrangements. Judging by reports and commentary, it would be impolite to mention any of these facts, let alone to suggest that some others might be standing alongside Saddam before the bar of justice. Removing Saddam from the list of states supporting terrorism left a gap. It was at once filled by Cuba, perhaps in recognition of the fact that the US terrorist wars against Cuba from 1961 had just peaked, including events that would be on the front pages right now in societies that valued their freedom, to which I’ll briefly return. Again, that tells us something about the real elite attitudes towards the plague of the modern age.

Since the first War on Terror was waged by those now carrying out the redeclared war, or their immediate mentors, it follows that anyone seriously interested in the re-declared War on Terror should ask at once how it was carried out in the 1980s. The topic, however, is under a virtual ban. That becomes understandable as soon as we investigate the facts: the first War on Terror quickly became a murderous and brutal terrorist war, in every corner of the world where it reached, leaving traumatized societies that may never recover. What happened is hardly obscure, but doctrinally unacceptable, therefore protected from inspection. Unearthing the record is an enlightening exercise, with enormous implications for the future.

These are a few of the relevant facts, and they definitely do matter.

Let’s turn to the second of the guidelines: elementary moral principles. The most elementary is a virtual truism: decent people apply to themselves the same standards that they apply to others, if not more stringent ones. Adherence to this principle of universality would have many useful consequences. For one thing, it would save a lot of trees. The principle would radically reduce published reporting and commentary on social and political affairs. It would virtually eliminate the newly fashionable discipline of Just War theory. And it would wipe the slate almost clean with regard to the War on Terror. The reason is the same in all cases: the principle of universality is rejected, for the most part tacitly, though sometimes explicitly. Those are very sweeping statements. I purposely put them in a stark form to invite you to challenge them, and I hope you do. You will find, I think, that although the statements are somewhat overdrawn – purposely -- they nevertheless are uncomfortably close to accurate, and in fact very fully documented. But try for yourselves and see.

This most elementary of moral truisms is sometimes upheld at least in words. One example, of critical importance today, is the Nuremberg Tribunal. In sentencing Nazi war criminals to death, Justice Robert Jackson, Chief of Counsel for the United States, spoke eloquently, and memorably, on the principle of universality. "If certain acts of violation of treaties are crimes," he said, "they are crimes whether the United States does them or whether Germany does them, and we are not prepared to lay down a rule of criminal conduct against others which we would not be willing to have invoked against us....We must never forget that the record on which we judge these defendants is the record on which history will judge us tomorrow. To pass these defendants a poisoned chalice is to put it to our own lips as well."

That is a clear and honorable statement of the principle of universality. But the judgment at Nuremberg itself crucially violated this principle. The Tribunal had to define "war crime" and "crimes against humanity." It crafted these definition very carefully so that crimes are criminal only if they were not committed by the allies. Urban bombing of civilian concentrations was excluded, because the allies carried it out more barbarically than the Nazis. And Nazi war criminals, like Admiral Doenitz, were able to plead successfully that their British and US counterparts had carried out the same practices. The reasoning was outlined by Telford Taylor, a distinguished international lawyer who was Jackson’s Chief Counsel for War Crimes. He explained that "to punish the foe – especially the vanquished foe – for conduct in which the enforcing nation has engaged, would be so grossly inequitable as to discredit the laws themselves." That is correct, but the operative definition of "crime" also discredits the laws themselves. Subsequent Tribunals are discredited by the same moral flaw, but the self-exemption of the powerful from international law and elementary moral principle goes far beyond this illustration, and reaches to just about every aspect of the two phases of the War on Terror.

Let’s turn to the third background issue: defining "terror" and distinguishing it from aggression and legitimate resistance. I have been writing about terror for 25 years, ever since the Reagan administration declared its War on Terror. I’ve been using definitions that seem to be doubly appropriate: first, they make sense; and second, they are the official definitions of those waging the war. To take one of these official definitions, terrorism is "the calculated use of violence or threat of violence to attain goals that are political, religious, or ideological in nature...through intimidation, coercion, or instilling fear," typically targeting civilians. The British government’s definition is about the same: "Terrorism is the use, or threat, of action which is violent, damaging or disrupting, and is intended to influence the government or intimidate the public and is for the purpose of advancing a political, religious, or ideological cause." These definitions seem fairly clear and close to ordinary usage. There also seems to be general agreement that they are appropriate when discussing the terrorism of enemies.

But a problem at once arises. These definitions yield an entirely unacceptable consequence: it follows that the US is a leading terrorist state, dramatically so during the Reaganite war on terror. Merely to take the most uncontroversial case, Reagan’s state-directed terrorist war against Nicaragua was condemned by the World Court, backed by two Security Council resolutions (vetoed by the US, with Britain politely abstaining). Another completely clear case is Cuba, where the record by now is voluminous, and not controversial. And there is a long list beyond them.

We may ask, however, whether such crimes as the state-directed attack against Nicaragua are really terrorism, or whether they rise to the level of the much higher crime of aggression. The concept of aggression was defined clearly enough by Justice Jackson at Nuremberg in terms that were basically reiterated in an authoritative General Assembly resolution. An "aggressor," Jackson proposed to the Tribunal, is a state that is the first to commit such actions as "Invasion of its armed forces, with or without a declaration of war, of the territory of another State," or "Provision of support to armed bands formed in the territory of another State, or refusal, notwithstanding the request of the invaded State, to take in its own territory, all the measures in its power to deprive those bands of all assistance or protection." The first provision unambiguously applies to the US-UK invasion of Iraq. The second, just as clearly, applies to the US war against Nicaragua. However, we might give the current incumbents in Washington and their mentors the benefit of the doubt, considering them guilty only of the lesser crime of international terrorism, on a huge and unprecedented scale.

It may also be recalled the aggression was defined 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" – all the evil in the tortured land of Iraq that flowed from the US-UK invasion, for example, and in Nicaragua too, if the charge is not reduced to international terrorism. And in Lebanon, and all too many other victims who are easily dismissed on grounds of wrong agency – right to the present. A week ago (January 13), a CIA predator drone attacked a village in Pakistan, murdering dozens of civilians, entire families, who just happened to live in a suspected al-Qaeda hideout. Such routine actions elicit little notice, a legacy of the poisoning of the moral culture by centuries of imperial thuggery.

The World Court did not take up the charge of aggression in the Nicaragua case. The reasons are instructive, and of quite considerable contemporary relevance. Nicaragua’s case was presented by the distinguished Harvard University law professor Abram Chayes, former legal adviser to the State Department. The Court rejected a large part of his case on the grounds that in accepting World Court jurisdiction in 1946, the US had entered a reservation excluding itself from prosecution under multilateral treaties, including the UN Charter. The Court therefore restricted its deliberations to customary international law and a bilateral US-Nicaragua treaty, so that the more serious charges were excluded. Even on these very narrow grounds, the Court charged Washington with "unlawful use of force" – in lay language, international terrorism – and ordered it to terminate the crimes and pay substantial reparations. The Reaganites reacted by escalating the war, also officially endorsing attacks by their terrorist forces against "soft targets," undefended civilian targets. The terrorist war left the country in ruins, with a death toll equivalent to 2.25 million in US per capita terms, more than the total of all wartime casualties in US history combined. After the shattered country fell back under US control, it declined to further misery. It is now the second poorest country in Latin America after Haiti – and by accident, also second after Haiti in intensity of US intervention in the past century. The standard way to lament these tragedies is to say that Haiti and Nicaragua are "battered by storms of their own making," to quote the Boston Globe, at the liberal extreme of American journalism. Guatemala ranks third both in misery and intervention, more storms of their own making.

In the Western canon, none of this exists. All is excluded not only from general history and commentary, but also quite tellingly from the huge literature on the War on Terror re-declared in 2001, though its relevance can hardly be in doubt.

These considerations have to do with the boundary between terror and aggression. What about the boundary between terror and resistance? One question that arises is the legitimacy of actions to realize "the right to self-determination, freedom, and independence, as derived from the Charter of the United Nations, of people forcibly deprived of that right..., particularly peoples under colonial and racist regimes and foreign occupation..." Do such actions fall under terror or resistance? The quoted word are from the most forceful denunciation of the crime of terrorism by the UN General Assembly; in December 1987, taken up under Reaganite pressure. Hence it is obviously an important resolution, even more so because of the near-unanimity of support for it. The resolution passed 153-2 (Honduras alone abstaining). It stated that "nothing in the present resolution could in any way prejudice the right to self-determination, freedom, and independence," as characterized in the quoted words.

The two countries that voted against the resolution explained their reasons at the UN session. They were based on the paragraph just quoted. The phrase "colonial and racist regimes" was understood to refer to their ally apartheid South Africa, then consummating its massacres in the neighboring countries and continuing its brutal repression within. Evidently, the US and Israel could not condone resistance to the apartheid regime, particularly when it was led by Nelson Mandela’s ANC, one of the world’s "more notorious terrorist groups," as Washington determined at the same time. Granting legitimacy to resistance against "foreign occupation" was also unacceptable. The phrase was understood to refer to Israel’s US-backed military occupation, then in its 20th year. Evidently, resistance to that occupation could not be condoned either, even though at the time of the resolution it scarcely existed: despite extensive torture, degradation, brutality, robbery of land and resources, and other familiar concomitants of military occupation, Palestinians under occupation still remained "Samidin," those who quietly endured.

Technically, there are no vetoes at the General Assembly. In the real world, a negative US vote is a veto, in fact a double veto: the resolution is not implemented, and is vetoed from reporting and history. It should be added that the voting pattern is quite common at the General Assembly, and also at the Security Council, on a wide range of issues. Ever since the mid-1960s, when the world fell pretty much out of control, the US is far in the lead in Security Council vetoes, Britain second, with no one else even close. It is also of some interest to note that a majority of the American public favors abandonment of the veto, and following the will of the majority even if Washington disapproves, facts virtually unknown in the US, or I suppose elsewhere. That suggests another conservative way to deal with some of the problems of the world: pay attention to public opinion.

Terrorism directed or supported by the most powerful states continues to the present, often in shocking ways. These facts offer one useful suggestion as to how to mitigate the plague spread by "depraved opponents of civilization itself" in "a return to barbarism in the modern age": Stop participating in terror and supporting it. That would certainly contribute to the proclaimed objections. But that suggestion too is off the agenda, for the usual reasons. When it is occasionally voiced, the reaction is reflexive: a tantrum about how those who make this rather conservative proposal are blaming everything on the US.

Even with careful sanitization of discussion, dilemmas constantly arise. One just arose very recently, when Luis Posada Carriles entered the US illegally. Even by the narrow operative definition of "terror," he is clearly one of the most notorious international terrorists, from the 1960s to the present. Venezuela requested that he be extradited to face charges for the bombing of a Cubana airliner in Venezuela, killing 73 people. The charges are admittedly credible, but there is a real difficulty. After Posada miraculously escaped from a Venezuelan prison, the liberal Boston Globe reports, he "was hired by US covert operatives to direct the resupply operation for the Nicaraguan contras from El Salvador" – that is, to play a prominent role in terrorist atrocities that are incomparably worse than blowing up the Cubana airliner.


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