You are hereCriminal Prosecution and Accountability
Criminal Prosecution and Accountability
By Dave Lindorff
Americans got a glimpse of what policing is like in a more humane and civilized society last year when four young Swedish cops, on vacation in New York City and riding on a subway, found themselves faced with a bloody fight in the aisle by two angry black men.
D. Inder Comar is legal director at Comar Law, a boutique law firm in San Francisco. We discuss the case of Saleh v. Bush in which he is lead counsel, currently in the 9th Circuit, seeking to hold George W. Bush, Richard Cheney, and others responsible under the laws of Nuremberg for the invasion of Iraq in 2003. See: http://witnessiraq.com
Total run time: 29:00
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By Alfredo Lopez
How much noise does the other shoe make when it drops? If the shoe is a law that would complete the development of a police surveillance state in the United States, it's almost silent.
Let’s have a moment’s
Silence for Cecil (Ses’-al),
But not yet.
During that silence
Let us think about why
It's not terrorism if it's retaliation: Chattanooga Shooting, If Linked to ISIS, is a Legitimate Act of War
By Dave Lindorff
I'm not a fan of war or of killing of any kind, but the labeling of the deadly attack by Mohammod Youssuf Abdulazeez on two US military sites in Chattanooga, Tennessee as an act of terror is absurd.
We’re #1...in the heroin business!: US Lost in Afghanistan, But Did Make Afghanistan World’s Top Heroin Exporter
By Jack Balkwill
...The US government pretends to care about eradicating opium production in Afghanistan, while production soars to record levels. Can this be an accident?
The largest marketplace for illegal drugs continues to be the United States, despite a decades-long so-called "war on drugs." Can this be an accident?
By Linn Washington, Jr.
If New Jersey Governor Chris Christie has any chance of gaining traction in his bid to become the 2016 Republican candidate for president he has to maintain support in suburban communities like East Greenwich Township, a small, predominately white, upper middle income area located about fifty miles south of Trenton, NJ’s capital city.
By Jack Balkwill
How many days has it been
Since I was born?
How many days
'Til I die?
Do I know any ways
I can make you laugh?
Or do I only know how
To make you cry?
― Leon Russell, Stranger in a Strange Land
By John Grant
“Our ancestors were literally fighting to keep human beings as slaves and to continue the unimaginable acts that occur when someone is held against their will. I am not proud of this heritage.”
The cries for the death of the Charleston murderer are already mounting.
But we can do better.
One would expect in this country that the government will seek to kill this twisted young man for his having shot nine wonderful people in the coldest possible blood. It is beyond comprehension how someone—-anyone!—-could sit in a Bible discussion for as long as he did and then shoot those who had shown him such kindness. One by one. Stopping to reload.
We must truly question what kind of species we are to have spawned such a creature.
There is no doubting his motivation. This murder was about race.
So the first step in healing should be for the state of South Carolina to honor these victims by removing its Confederate flags. The Confederacy was an unmitigated hell-hole for African-Americans. There are no provinces in Germany that “preserve their legacy” with swastika banners, and there should be none in the US that should do so for the flag of Dixie.
As for this murderer, there may have been other motives in addition to racism. Maybe he wanted recognition. No doubt there were other deep psychological issues.
But there always are. If we humans cannot get past such a simple reality as our skins being of different pigmentation, then we have to wonder about the future of our species.
Killing prisoners through medical neglect: Mumia Attorneys Sue in Federal Court for Prisoners’ Right to Medical Care
By Dave Lindorff
Attorneys from the Abolitionis Law Center in Pennsylvania, an organization defending prisoner rights and challenging the state's penal system, have filed suit in federal court demanding that Pennsylvania's Department of Corrections stop preventing them from even seeing their client, journalist Mumia Abu-Jamal, on occasions when he has to be hospitalized for a critical diabetes condition.
The Pentagon has just published 1,204 pages on how it thinks you can behave legally during a war. Looking through this "Law of War Manual" at various hot topics, one finds some atrocities excused as acceptable (cluster bombs, nuclear bombs) and others rejected as completely disallowed (torture) even when in reality they are routinely engaged in.
Beginning to wonder what the point is of writing out such a lengthy description of laws when someone could just read the laws themselves in less time, I notice that nowhere does this document strengthen any actual law, while in many places it weakens them. It picks and chooses which laws to mention and which to leave out or marginalize in footnotes. It stresses the supposed right to ignore any international law that a nation objected to while that law was being created. It incorporates into the whole scheme the idea of launching wars not only against nations, but against any other entities, and of launching wars in nations with those nations' approval. This paper is a sort of enormous signing statement appended retroactively to all existing laws, indicating which will be adhered to and which disregarded, while attempting to advertise a pattern of legal behavior by the U.S. military as a public relations correction to people's awareness of the actual pattern of lawlessness.
But I think the place to start is with the pretense that war itself is legal. This is what permits three-quarters of this document to exist, devoted as those sections are to proper legal conduct during a war. The Pentagon says that one must fight wars legally whether or not the wars are legal. That is, whether or not you have some legal justification for attacking a country, you must nonetheless meet completely vague standards of proportionality and so forth during the course of the attack -- or of the occupation. There's a large section on the legal conduct of occupations that breezes right past any question of the illegality of maintaining the occupation at all. Here's a typical passage about legal "proportionality": "Attacks using nuclear weapons must not be conducted when the expected incidental harm to civilians is excessive compared to the military advantage expected to be gained." How much "harm" to civilians from nuclear weapons would be "excessive"? The so-called law, once you accept war and then try to regulate its conduct, is in the eye of the sociopathic beholder; there's nothing empirical or enforceable about it.
By John Grant
We sleep safe in our beds because rough men stand ready in the night to visit violence on those who would do us harm.
- George Orwell
A Yemeni man, whose innocent nephew and brother-in-law were killed in an August 2012 U.S. drone strike, has today filed a lawsuit in his ongoing quest for an official apology over his relatives’ deaths.
Faisal bin Ali Jaber, who filed suit today in Washington D.C., lost his brother-in-law Salem and his nephew Waleed in the strike. Salem was an anti-al Qaeda imam who is survived by a widow and seven young children. Waleed was a 26 year old police officer with a wife and infant child of his own. Salem had given a sermon preaching against extremism just days before he and Waleed were killed.
The lawsuit requests that the D.C. District Court issue a declaration that the strike that killed Salem and Waleed was unlawful, but does not ask for monetary compensation. Faisal is jointly represented by Reprieve and pro bono counsel at law firm McKool Smith.
Leaked intelligence - reported in The Intercept - indicates that U.S. officials knew they had killed civilians shortly after the strike. In July 2014 Faisal’s family were offered a bag containing $100,000 in sequentially-marked US dollar bills at a meeting with the Yemeni National Security Bureau (NSB). The NSB official who had requested the meeting told a family representative that the money came from the US and that he had been asked to pass it along.
By Inder Comar
San Francisco, Calif. (June 4, 2015) -- An Iraqi single mother has assembled an international team of lawyers who are now asking the United States Court of Appeal for the Ninth Circuit to hear her claim that the Iraq War was illegal under laws set down at the Nuremberg Trials, which govern when and how a country can go to war.
Sundus Shaker Saleh, through her pro bono counsel Comar Law, filed papers last Wednesday, May 27, 2015 urging the Ninth Circuit to review facts and statements made by high-ranking Bush Administration officials—including former President George W. Bush, former Vice President Richard Cheney, and former Secretary of Defense Donald Rumsfeld—in the run-up to the Iraq War.
Originally published at Truthout.org
This open letter, addressed to German Chancellor Angela Merkel and signed by 21 leading US peace activists and 21 US peace organizations, was prompted by an important court case that was brought against the German government by the Yemeni survivors of a US drone strike.
The case brought by the Yemeni plaintiffs could have far-reaching consequences. The Yemeni survivors request that the German government intervene by shutting down the Satellite Relay Station at the US Ramstein Air Base in Germany, so as to protect Yemenis from further US drone strikes. As was recently reported by The Intercept and by the German news magazine Spiegel, the Satellite Relay Station at Ramstein is essential for all US drone strikes in the Middle East, Africa and Southwest Asia. Under German law, extrajudicial killings are deemed to be murders.
The NGOs Reprieve, based in the United Kingdom, and the European Center for Constitutional and Human Rights (ECCHR), based in Germany, provided legal representation for the plaintiffs. The case was heard on May 27 in an administrative court in Cologne, Germany.
Activists in the US and in Germany held vigils and other protest event days in solidarity with the Yemeni survivors who brought the case. On May 26, the open letter was presented by delegations of US citizens to the German Embassy in Washington DC, and to the German Consulate in New York. On May 27, a delegation of German citizens presented the open letter to a representative of German Chancellor Angela Merkel’s office in Berlin. The US and German activists will also forward the letter to members of the German Parliament (Bundestag).
The open letter was authored by Elsa Rassbach, Judith Bello, Ray McGovern and Nick Mottern.
Dear Chancellor Merkel:
On May 27th a German court in Cologne will hear evidence from Faisal bin Ali Jaber, an environmental engineer from Yemen who lost two relatives to a 2012 U.S. drone strike. This is the first time that a court in a country providing significant military/technical support for the U.S. drone program has permitted such a case to be heard.
U.S. drone strikes have killed or maimed tens of thousands in many countries with which the U.S. is not officially at war. The vast majority of drone-strike victims have been innocent bystanders, including large numbers of children. One respected study found that for every target or known combatant killed, 28 “unknown persons” were also killed. Because the victims were/are not U.S. citizens, their families do not have standing to initiate legal action in U.S. courts. Shamefully, the families of these victims have had no legal recourse whatsoever.
Thus the case of Mr. bin Ali Jaber, representing his family in a German court, is of great interest to many who have long been dismayed at the U.S. government’s violations of human rights and international law in the so-called "war on terror." Reportedly, Mr. bin Ali Jaber will argue that the German Government has violated the German Constitution by allowing the U.S. to use Ramstein Air Base in Germany for extrajudicial “targeted” killings in Yemen. He is expected to request that the German government “take legal and political responsibility for the U.S. drone war in Yemen” and “forbid use of the Satellite Relay Station in Ramstein.”
Credible evidence has already been widely published indicating that the U.S. Satellite Relay Station in Ramstein plays an essential role in ALL U.S. drone strikes in the Middle East, Africa, and Southwest Asia. The killings and maiming resulting from missiles fired from U.S. drones would not be possible without the cooperation of the German government in enabling the U.S. to use Ramstein Air Base for the illegal drone wars -- a military base which, we respectfully suggest, is an anachronism a full seventy years after the liberation of Germany and Europe from the Nazis.
Irrespective of the ultimate outcome in court of Mr. bin Ali Jaber’s case, which possibly could continue for years, now is the time for Germany to take effective measures to stop the U.S. from using Ramstein Air Base for combat drone missions.
The reality is this: The military base in Ramstein is under the legal jurisdiction of the Federal The reality The reality is this: The military base in Ramstein is under the legal jurisdiction of the Federal Government of Germany, even though the U.S. Air Force has been allowed to use the base. If illegal activities such as extrajudicial killings are conducted from Ramstein or other U.S. bases in Germany -- and if U.S. authorities do not desist from these legal offenses then we respectfully suggest that you and your government have a duty under international law to act. This is clearly expressed in the Nuremberg Trials Federal Rules Decisions of 1946-47 (6 F.R.D.60), which were adopted into US law. Accordingly, every individual participating in the enactment of a war crime is responsible for that crime, including businessmen, politicians and others who enable the criminal act.
In 1991 the reunited Federal Republic of Germany was granted “complete sovereignty at home and abroad” via the Two-plus-Four-Treaty. The Treaty emphasizes that “there shall be only peaceful activities from German territory” as does Article 26 of the Basic Law of the Federal Republic of Germany, which states that the acts undertaken to prepare for a war of aggression are deemed "unconstitutional" and "a criminal offense." Many in the U.S. and around the world hope that the German people and their government will provide much-needed leadership in the world on behalf of peace and of human rights.
The German Government often states that it has no knowledge of the activities being conducted at Ramstein Air Base or other U.S. bases in Germany. We respectfully submit that if this is the case, you and the German Government may have a duty to require the needed transparency and accountability from the U.S. military and intelligence agencies in Germany. If the present Status of Forces Agreement (SOFA) between the U.S. and Germany precludes the transparency and accountability that the German Government needs in order to enforce German and international law, then the German Government must request that the U.S. make appropriate modifications in the SOFA. As you know, Germany and the U.S. each have the right to unilaterally terminate the SOFA upon giving two years' notice. Many in the U.S. would not oppose but would indeed welcome a renegotiation of the SOFA between the U.S. and Germany if this should be required to restore the rule of law.
The end of hostilities in 1945 seventy years ago saw the world faced with the task of restoring and advancing the international rule of law. This led to efforts to define and punish war crimes -- major efforts like the Nuremberg Tribunal and the formation of the United Nations, which in 1948 proclaimed the Universal Declaration of Human Rights. While Germany has sought to adhere to the principles of the Declaration, the U.S. increasingly in recent years ignored these principles. In addition, the U.S. seeks to draw NATO and other allies into complicity in violating these principles.
The U.S. began the drone program in secrecy in 2001 and did not reveal it to the American people or to most of their representatives in Congress; the drone program was first discovered and revealed by U.S. peace activists in 2008. The British people were also not informed when the United Kingdom in 2007 obtained killer drones from the U.S. And only recently have the German people been informed, through courageous reporting by independent journalists and whistleblowers, of the key role of Ramstein in the illegal U.S. drone program.
Now aware of the role Ramstein in undermining human rights and international law, many German citizens are calling upon you and the German government to enforce the rule of law in Germany, including on the U.S. bases. And because of the indispensable role of Ramstein for all the U.S. drones strikes, the government of Germany now holds in its hands the power to actually stop the illegal U.S. drone killings altogether.
If the German Government were to take decisive action in this matter, Germany would surely find support among nations of the world, including the nations of Europe. The European Parliament in its Resolution on the Use of Armed Drones, which was adopted by a landslide vote of 534 to 49 on February 27, 2014, urged its Member States to “oppose and ban the practice of extrajudicial killings” and “not perpetrate unlawful targeted killings or facilitate such killings by other states.” The European Parliament Resolution further declares that Member States must “commit to ensuring that, where there are reasonable grounds for believing that an individual or entity within their jurisdiction may be connected to an unlawful targeted killing abroad, measures are taken in accordance with their domestic and legal obligations.”
Extrajudicial killing - the killing of 'suspects' - is in fact also a grievous violation of the U.S. Constitution. And the U.S. initiation and prosecution of killings and wars in sovereign countries that do not threaten the U.S. mainland violate international treaties the U.S. has signed and Congress has ratified, including the United Nations Charter.
Tens of thousands of Americans have struggled in vain for years to expose and end the U.S. drone program and other U.S. war crimes that have quite predictably led to increasing hatred for the U.S. and its allies among the targeted and terrorized populations. Like the incarceration without due process at Guantanamo, drone warfare has clearly undermined the post-WWII international law upon which we all rely.
We hope that major U.S. allies - and particularly Germany, because of the indispensable role it plays - will take firm action to end extrajudicial drone killings. We implore you to take all steps necessary to put a stop to all activities in Germany that support drone warfare and killings by the U.S. government.
Carol Baum, Co-Founder of Upstate Coalition to Ground the Drones and End the Wars, Syracuse Peace Council
Judy Bello, Co-Founder of Upstate Coalition to Ground the Drones and End the Wars, United National Antiwar Coalition
Medea Benjamin, Co-Founder of CodePink
Jacqueline Cabasso, National Co-convener, United for Peace and Justice
Leah Bolger, Former President of National Veterans for Peace
David Hartsough, PeaceWorkers, Fellowship of Reconciliation
Robin Hensel, Little Falls OCCU-PIE
Kathy Kelly, Voices for Creative Nonviolence
Malachy Kilbride, National Coalition for Nonviolent Resistance
Marilyn Levin, Co-Founder of United National Antiwar Coalition, United for Justice with Peace
Mickie Lynn, Women Against War
Ray McGovern, Retired CIA Analyst, Veteran Intelligence Professionals for Sanity
Nick Mottern, KnowDrones
Gael Murphy, CodePink
Elsa Rassbach, CodePink, United National Antiwar Coalition
Alyssa Rohricht, Graduate Student in International Relations
Coleen Rowley, Retired FBI Agent, Veteran Intelligence Professionals for Sanity
David Swanson, World Beyond War, War is a Crime
Debra Sweet, Director of World Can’t Wait
Brian Terrell, Voices for Creative Nonviolence, Missouri Catholic Worker
Colonel Ann Wright, Retired Military Officer and Diplomatic Attaché, Veterans for Peace, Code Pink
Brandywine Peace Community, Philadelphia, PA
CodePink Women for Peace
Ithaca Catholic Worker, Ithaca, NY
Little Falls OCC-U-PIE, WI
National Coalition for Nonviolent Resistance (NCNR)
Peace Action and Education, Rochester, NY
Syracuse Peace Council, Syracuse, NY
United For Justice with Peace, Boston, MA
United National Antiwar Coalition (UNAC)
U.S. Foreign Policy Activist Cooperative, Washington DC
Upstate (NY) Coalition to Ground the Drones and End the Wars
Veterans For Peace, Chapter 27
Voices for Creative Nonviolence
War Is A Crime
Watertown Citizens for Peace Justice and the Environment, Watertown, MA
Wisconsin Coalition to Ground the Drones and End the Wars
Women Against Military Madness, Minneapolis, MN
Women Against War, Albany, NY
World Beyond War
World Can’t Wait
The Yemeni plaintiffs did not prevail on May 27, nor was it anticipated that they would prevail in such an important matter in a lower court in Germany. Nevertheless, the Court's decision in the case set some important legal precedents:
a) The Court ruled that the Yemeni survivors, who are not German citizens, have standing to sue the German government in the German courts. This is the first known time that a NATO country that has granted drone survivors or victims who are not citizens of their country such standing in court.
b) The Court stated in its decision that the media reports regarding the essential role of Ramstein in the US drone killings are "plausible," the first time that this has been officially acknowledged by authorities Germany.
But the Court held that it is in the discretion of the German government to decide what steps must be taken to protect the people of Yemen from the danger of being killed by drones with essential assistance from Ramstein Air Base. In addition, the Court mentioned that the present Status of Forces Agreement (SOSA) between the US and Germany may at this time prohibit the German government from closing the Satellite Relay Station in the Ramstein base. The plaintiffs argued that the SOSA could be renegotiated or even cancelled by the German government.
In an unusual step, the Court immediately granted the plaintiffs the right to appeal. ECCHR and Reprieve will appeal on behalf of the Yemeni plaintiffs as soon as the full written decision of the court in Cologne is available.
WATCH: Attorneys with the human rights organizations representing the bin Ali Jaber family of Yemen in their lawsuit against the German government discuss the court hearing on May 27 in Cologne, Germany.
Elsa Rassbach interviews Kat Craig, the Legal Director of Reprieve:
Elsa Rassbach interviews Andreas Schüller of the European Center for Constitutional and Human Rights:
This article was first published on Truthout and any reprint or reproduction on any other website must acknowledge Truthout as the original site of publication.
Elsa Rassbach is US citizen, filmmaker and journalist, who often lives and works in Berlin, Germany. She heads the "GIs & US Bases" working group in DFG-VK (the German affiliate of War Resisters International, WRI) and is active in Code Pink, No to NATO, and the anti-drone campaign in Germany. Her film short We Were Soldiers in the 'War on Terror' has just been released in the U.S., and The Killing Floor, her award-winning film set in the Chicago Stockyards, will be re-released next year.
Judith Bello serves on the Upstate Coalition to Ground the Drones and End the Wars, Rochester, NY.
Ray McGovern works with Tell the Word, a publication arm of the ecumenical Church of the Saviour in inner-city Washington. He served at CIA from the administrations of John F. Kennedy to that of George H. W. Bush, and was one of five CIA “alumni” who created Veteran Intelligence Professionals for Sanity (VIPS) in January 2003.
Nick Mottern is a reporter and director of Consumers for Peace.org, who has been active in anti-war organizing and has worked for Maryknoll Fathers and Brothers, Bread for the World, the former US Senate Select Committee on Nutrition and Human Needs and The Providence (RI) Journal - Bulletin.
It’s not just police killings: Tazing and Bust of Videotaper Shows Abuse of Blacks is Just Normal Philly Cop Behavior
By Linn Washington Jr.
A July 2013 Philadelphia police attack on Sharif Anderson, where officers beat, kicked and shot Anderson twice with a Taser, is more than just another ugly incident of abuse by a big city police force long assailed for its persistent brutality and corruption.
By John Grant
The US needs the Iceland option: If ‘Too-Big-to-Fail’’ Means Too-Big-To-Jail’ It Should Mean ‘Too-Big-to-Be’
By Dave Lindorff
In a couple of days, the so-called US Justice Department will be announcing an “agreement” reached with five large banks, including two of the largest in the US -- JP Morgan Chase and Citigroup, the holding companies for Chase and Citibank -- under which these banks or bank holding companies will plead guilty to felonies involving the manipulation of international currency markets.
Child Soldier released from jail by Canadian court: US Still Seeks Jail for ‘Fighter’ Captured at 15 in Afghanistan
By Dave Lindorff
The good news is that an appellate judge in Canada has had the courage and good sense to uphold the release from jail on bail of Omar Khadr, a native of Canada who was captured as a child soldier at the age of 15 in Afghanistan by US forces back in 2002 and shipped off to Guantanamo, where he became one of the children held in captivity.
40 years after Vietnam: Celebrating the End of One War, and Witnessing the Start of a New One Here at Home
By Dave Lindorff
It was 40 years ago today that the last troops from America’s criminal war against the people of Vietnam scurried ignominiously onto a helicopter on the roof of the US Embassy in Saigon (now Ho Chi Minh City) and fled the country where US forces had killed some 3-4 million people in the name of “fighting Communism.”
By Linn Washington Jr.
In August 1936 nearly 20,000 excited spectators filled a vacant lot next to a municipal building in a small Kentucky town to watch the hanging of a man convicted of rape. That hanging would be the last public execution in America.
Keeping the Pentagon honest: 40 Years After the Liberation of Vietnam, Washington is Saying it was a US Victory and a Good War
By Dave Lindorff
In this podcast of the latest "This Can't Be Happening!" weekly broadcast on PRN.fm, ThisCantBeHappening.net collective member John Grant, a Vietnam War veteran and long-time peace activist, talks with show host Dave Lindorff about a Veterans for Peace campaign to counter the Pentagon's latest PR initiative to rewrite and distort the history of the Vietnam War. Grant says the VFP's Vietnam War Full Disclosure Project is calling out the Pentagon to correct the historical falsehoods in its multi-million-dollar 50th Year Commemoration of the Vietnam War propaganda program.
By Dave Lindorff
Philadelphians don’t have any problem figuring out what happened to Freddie Gray, the 25-year old black man who died as a result of a severed spine at the neck while being transported in a police van by Baltimore Police.
As the 2015 Boston Marathon approaches, the US Department of Justice has not been able to answer one question: why is the backpack that the FBI says killed eight-year-old Richard Martin black, while the backpack Dzhokhar Tsarnaev carried that day, in every item of photographic evidence, white?
Legacy of racism and colonialism targeted: Reparations Movements Meet to Make International Connections
By Linn Washington, Jr.
Dignitaries from three continents gathered in New York City recently to sharpen their strategies for confronting some of the world’s most powerful nations over a subject that sizable numbers of citizens support in the nearly two-dozen nations represented: reparations for the legacy of a history of slavery, colonialism and government-sanctioned segregation.
Real-time photo evidence of a cop planting evidence on his victim: Killer Cops like Officer Slager Must be Called to Account
By Dave Lindorff
By Linn Washington, Jr.
The recent emergency hospitalization of Mumia Abu-Jamal arising from alarming failures to address his chronic illnesses has exposed the inaccuracy of an assertion long made by adversaries of this inmate whom many around the world consider a political prisoner.
His adversaries charge that Abu-Jamal receives special treatment in prison.
NY Times covers up Washington’s monstrous evil: Hiding America’s War Crimes in Laos, While Reporting on the Grim Results
By Dave Lindorff