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How can 'terrorism' be condemned while war crimes go without rebuke?

A.Rahman

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How can 'terrorism' be condemned while war crimes go without rebuke?

Washington's partners in this hypocritical war on terror are given free rein to wreak their own brutal, illegal violence

David Clark
Monday July 31, 2006

The Guardian
As if we didn't know it already, the conflict in Lebanon shows that truth and war don't mix. All parties to the tragedy of the Middle East resort to disinformation and historical falsification to bolster their case, but rarely has an attempt to rewrite the past occurred so soon after the fact. Israeli ministers and their supporters have justified the bombardment of Lebanon as "a matter of survival". Total war has been declared on Israel, so Israel is entitled to use the methods of total war in self-defence. This would be reasonable if it were true, but it isn't. It's completely false

The conflict was triggered by a Hizbullah operation in which two Israeli soldiers were captured and three killed. Let's be frank, this wasn't exactly the Tet offensive. It certainly didn't justify Israel's ferocious onslaught against the very fabric of Lebanese society. Yes, the rocket attacks on Haifa are an appalling crime, but they followed rather than preceded Israel's decision to escalate the fighting. They cannot provide retrospective justification for Israeli strategy.

The crisis has also been accompanied by the selective and often inappropriate use of the term "terrorism". Following the Israeli government, George Bush and Tony Blair were at it again on Friday, blaming "terrorists" for sparking the conflict. The purpose behind this is obvious enough. In the context of America's war on terror, anyone claiming to be engaged in the fight against this most contested of notions gets carte blanche to do as they please. But the result has been to politicise the term in ways that render it effectively useless as a category of moral judgment or policy analysis.

It is certainly true that Hizbullah has been linked to a string of classic terrorist attacks going back more than 20 years, including suicide bombings against civilian targets, hostage-taking and the hijacking of a TWA flight. A particularly vile example was the 1994 bombing of a Jewish community centre in Buenos Aires in which 85 people were murdered. Hizbullah strongly denies involvement, but the truth is probably murkier than either side pretends. Responsibility for these attacks has often been attributed to Hizbullah's External Security Organisation (ESO), a unit believed to be under the operational control of Iranian intelligence rather than the Hizbullah's Lebanese leadership. Britain is one country that draws this distinction, proscribing ESO, but not Hizbullah itself, under the Terrorism Act.

Interestingly, some of the earliest suicide bombings commonly attributed to Hizbullah, such as the 1983 attacks on the US embassy and marine barracks in Beirut, were believed by American intelligence sources at the time to have been orchestrated by the Iraqi Dawa party. Hizbullah barely existed in 1983 and Dawa cadres are said to have been instrumental in setting it up at Tehran's behest. Dawa's current leadership includes none other than the new Iraqi prime minister, Nuri al-Maliki, feted last week in London and Washington as the great hope for the future of the Middle East. As the old saying goes, today's terrorist is tomorrow's statesman - at least when it suits us.

None of this should be read as exonerating Hizbullah of the charge that it uses terrorist tactics. Irrespective of anything else, the use of Katyusha rockets against Israeli population centres is clearly intended to inflict terror and suffering on civilians. It deserves a response. But the allegations of terrorism levelled at Hizbullah (as well as Hamas and other groups) by America and Israel go well beyond the targeting of non-combatants. The US state department's annual reports on terrorism also list operations carried out against the Israeli Defence Force as examples of terrorism. The US government justifies this conclusion by way of a logical contortion that defines Israeli troops as "non-combatants", despite the fact that Israel continues to occupy territory in Lebanon and Palestine with military force. The intention is not just to stamp out terrorism as commonly understood, but also to stigmatise perfectly legitimate acts of resistance.

Terrorism has always been extraordinarily difficult to define, but the American approach lacks any pretence at objectivity, thus making the term utterly meaningless. Used in this way, terrorism becomes simply "political violence of which we disapprove". The answer, of course, must not be to abandon any attempt to distinguish between right and wrong in the use of force. There need to be standards if we are to prevent the free-for-all of violence without limit. But these standards must be disinterested, legitimate and robust. As it happens, most of what we need is adequately provided for in international humanitarian law. Numerous treaties and judgments from the Geneva conventions onwards set out quite detailed rules governing the use of force, including the principles of proportionality and civilian immunity.

Under international law, there can be no doubt that many of the actions carried out by Hizbullah and Hamas constitute war crimes that must be punished. The reason it has been disregarded for the purposes of fighting terrorism is that, rather inconveniently for the governments concerned, it applies to states as well as non-state groups. Accepting it would leave them open to unwanted scrutiny and possibly even prosecution for war crimes of their own. In the case of the Israeli government, it isn't hard to see why. Israeli doctrine eschews the principle of proportionality in favour of massive retaliation, as has been amply demonstrated in Lebanon and Gaza.

Despite Israel's protestations that it is doing everything it can to avoid civilian casualties, it is clear that its military strategy is aimed at maximising the suffering of the Lebanese people as a whole. This was declared quite openly on day one of the campaign, when Israel's chief of staff, General Dan Halutz, promised to "turn back the clock in Lebanon by 20 years", and confirmed again yesterday with the horrific slaughter at Qana. The approach is identical to the one taken in similar operations in 1996 and 1993, when Yitzhak Rabin admitted: "The goal of the operation is to get the southern Lebanese population to move northward, hoping that this will tell the Lebanese government something about the refugees, who may get as far north as Beirut." Populations will move like this only if they are in fear of their lives.

The same applies to Gaza, where the pretence at discrimination is even thinner and Palestinian civilians are being subjected to a brutal siege and acts of violence that have no military justification. As in Lebanon, the intention is to force civilians to turn on the militias by inflicting as much pain and suffering as the Israeli government thinks it can get away with. What is this if it is not terrorism? It is certainly a war crime. So let's hear no more hypocritical utterances about the evils of terrorism from Bush and Blair. Not until they are able to speak with genuine moral authority by condemning all forms of illegal violence, irrespective of who commits them.

· David Clark is a former Labour government adviser
Dkclark@aol.com
 
Could someone explain what are these "war crimes'.

War Crimes would be those which are proscribed by the Geneva Convention.
 
Salim said:
Could someone explain what are these "war crimes'.

War Crimes would be those which are proscribed by the Geneva Convention.

Geneva Convention?????:what1: is it the name of any country????

ohhh i seeeeeee u mean that Geneva Convention under which crimes against Muslims are not subjected to be taken as crimes hmmmm or under which US is exempted from prosecution for crimes.??
 
Salim said:
Could someone explain what are these "war crimes'.

War Crimes would be those which are proscribed by the Geneva Convention.
The Geneva Convention no longer exists. Thanks to Messrs Bush, Cheney, and Rumsfeld
 
sparten said:
The Geneva Convention no longer exists. Thanks to Messrs Bush, Cheney, and Rumsfeld
Hate to disappoint a lawyer but the GC is still functioning and valid though they are obeying strictly the letter of the law instead of the spirit.

The sticking point that Muslim extremists like to ignore is that the GC applies only to legal combattants; not illegal combattants.
 
The Geneva Convention, I am referring to, is of soldiers (in uniform and that is mandatory) and provisions that govern civilians in a war zone.

Do read them and I would surely be grateful if someone can point out violations since I am neutral in this skirmish that has occurred. Personally, it pains me since the destruction is all because of two people kidnapped. If only the Lebanese govt was indeed a govt and not a showpiece of democracy and Hezbollah behaving like a bull in a china shop, sanity would have prevailed.

I would like to take an allegory of a thread where Asim was co cksure that the RSS and VHP wanted to attack Pakistan and Bangladesh! Indeed, if the RSS/ VHP could attack and decide the policies of India, with an Indian govt in place, it would show the total impotence of the Indian polity and Indian, in general.

Fortunately for India, stupid people do not hijack Indian policies or can wage wars!

There is no justification for the Hezbollah to be accepted a the "face" of Lebanon and as it would be equally foolish of people to write and believe that the ravings and ranting of the RSS/ VHP is the true voice of India,
 
Salim said:
There is no justification for the Hezbollah to be accepted a the "face" of Lebanon and as it would be equally foolish of people to write and believe that the ravings and ranting of the RSS/ VHP is the true voice of India,
Three minutes on BR or on WAB are enough to give you that impression.

Officer of Engineers said:
The sticking point that Muslim extremists like to ignore is that the GC applies only to legal combattants; not illegal combattants.
Yeah sure and the Convention also provides for a summery trail; procedure. have not seen any trials recently.
 
Illegal combatents from memory are given a summery trial to explain themselves, and then its kaput.
If the Guantanomo jokers are really illegal combatents, then howcome they are still around.
 
sparten said:
Three minutes on BR or on WAB are enough to give you that impression.


Yeah sure and the Convention also provides for a summery trail; procedure. have not seen any trials recently.

It amuses me that you span of intelligence suggest that three minutes of BR and WAB is India. It is like stating PDF is Pakistan! If PDF is Pakistan, then what is PFF? Moonistan?

For a lawyer, I expected you to show more logic, but then logic is indeed in short supply, the world over.

You disappoint me.

Please discuss the provision of the Geneva Convention and do not dilatory. Please provide example.

The counsel may please try to be relevant!:disappointed:

Have you read the rulings of the US Supreme Court about the military trails? Please do not produced half baked stuff to confuse and agitate, unless you wish to be a rabble rouser.

Where the US is wrong, the US is wrong. But unless we are true with the truth, we will lose credibility.

In many ways the US gets away, if that is the answer you are seeking. Why don't you address this question to the Pakistan govt and its playing footsie with the US? You are a govt counsel and surely you can ask this before taking up the cases nudged by the US.

You have provoked me into exposing the double standards that you wish to project.
 
I really think you're reading more into the GCs than what's there.

The application of the preceding provisions shall not affect the legal status of the Parties to the conflict.

Art. 4. A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy:

(1) Members of the armed forces of a Party to the conflict, as well as members of militias or volunteer corps forming part of such armed forces.

(2) Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions:[ (a) that of being commanded by a person responsible for his subordinates; (b) that of having a fixed distinctive sign recognizable at a distance; (c) that of carrying arms openly; (d) that of conducting their operations in accordance with the laws and customs of war.

(3) Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power.

(4) Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorization, from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed model.

(5) Members of crews, including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatment under any other provisions of international law.

(6) Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.

B. The following shall likewise be treated as prisoners of war under the present Convention: (1) Persons belonging, or having belonged, to the armed forces of the occupied country, if the occupying Power considers it necessary by reason of such allegiance to intern them, even though it has originally liberated them while hostilities were going on outside the territory it occupies, in particular where such persons have made an unsuccessful attempt to rejoin the armed forces to which they belong and which are engaged in combat, or where they fail to comply with a summons made to them with a view to internment.

(2) The persons belonging to one of the categories enumerated in the present Article, who have been received by neutral or non-belligerent Powers on their territory and whom these Powers are required to intern under international law, without prejudice to any more favourable treatment which these Powers may choose to give and with the exception of Articles 8, 10, 15, 30, fifth paragraph, 58-67, 92, 126 and, where diplomatic relations exist between the Parties to the conflict and the neutral or non-belligerent Power concerned, those Articles concerning the Protecting Power. Where such diplomatic relations exist, the Parties to a conflict on whom these persons depend shall be allowed to perform towards them the functions of a Protecting Power as provided in the present Convention, without prejudice to the functions which these Parties normally exercise in conformity with diplomatic and consular usage and treaties.
 
sparten said:
Three minutes on BR or on WAB are enough to give you that impression.


Yeah sure and the Convention also provides for a summery trail; procedure. have not seen any trials recently.

Deleted .owing to 15 minutes criteria
 
The 15 minute criteria prevented corrections and additions and the attempt to not hurt anyone.

This criteria timespan should be longer and anyway I tried to correct before 15 minutes and it took time and that may cause the clock to beat the editing.

Happened the second time in my "life" at this forum.
 
Article 51 — Protection of the civilian population
Indiscriminate attacks are prohibited. Indiscriminate attacks are:
(a) Those which are not directed at a specific military objective;
(b) Those which employ a method or means of combat which cannot be directed at a specific military objective Among others, the following types of attacks are to be considered as indiscriminate:
(a) An attack by bombardment which treats as a single military objective a number of clearly separated and distinct military objectives located in a city, town, village or other area containing a similar concentration of civilians;
(b) An attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated


At the start of this conflict, the UN High Commissioner for Human Rights Louise Arbour said: "Indiscriminate shelling of cities constitutes a foreseeable and unacceptable targeting of civilians."


-An Israeli tank shell hit a UN peacekeepers’ command post in south Lebanon, wounding four Ghanaian soldiers

-Death toll put at 381 in Lebanon

David Crane, a visiting professor at Syracuse University in New York, served as a UN prosecutor in Sierra Leone. He said: “In my opinion, yes, there appear to have been war crimes committed related to civilians, but the reality is there won’t be any prosecutions.”
 
A.Rahman said:
At the start of this conflict, the UN High Commissioner for Human Rights Louise Arbour said: "Indiscriminate shelling of cities constitutes a foreseeable and unacceptable targeting of civilians."


-An Israeli tank shell hit a UN peacekeepers’ command post in south Lebanon, wounding four Ghanaian soldiers

-Death toll put at 381 in Lebanon

Only problem is can you prove indiscriminate versus collateral damage. As bad as you might think this is, it is NO WHERE near the civilian casualties I've seen in Yugoslavia.
 
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