40,000 people gather near the courtroom in Oslo to sing the 1970s song “Children of the Rainbow”, which was described by Breivik as Marxist propaganda. Fantastic.
Up to 40,000 Norwegians have staged an emotionally charged singalong in Oslo near the court building where Anders Behring Breivik is on trial for the murder of 77 people in a protest organisers said showed he had not broken their tolerant society.
“It’s we who win,” said guitar-strumming folk singer Lillebjørn Nilsen as he led the mass singalong and watched the crowd sway gently in the rain. Many held roses above their heads, and some wept.
The protest followed several days of defiant testimony from Breivik, who has admitted killing his victims but denied criminal guilt.
The crowd chose to sing Children of the Rainbow, a song that extols the type of multicultural society Breivik has said he despises and one he dismissed during the trial as Marxist propaganda.
This Wednesday will be the tenth anniversary of the US prison camp at Guantánamo Bay. Opened by Bush and, despite all his campaign promises, kept open by Barack Obama, this camp represents the warped state the rule of law has been put into in the US by both these presidents.
The New York Times has an impressive op-ed by Lakhdar Boumediene, one of the most well-known former Guántanamo prisoners, who was held innocent and subjected to enhanced interrogation techniques for seven years before he was released by court order.
Boumediene was head of the Red Crescent’s humanitarian aid for children department in Bosnia-Herzegovina before he was captured off the streets on October 19, 2001 by the US Army, deported to Gitmo, and held incommunicado without recourse to a lawyer, the court system, or Geneva protections. While he was subjected to stress techniques, his two daughters had to grow up for seven years without him. Only when the Supreme Court intervened to stop the Bush administration’s lawless practices, Boumediene was granted access to court, found innocent, and released.
His case represents the entire argument against Guantánamo. No government on Earth should be allowed to indefinitely detain people and treat them like they want without any check by an independent judiciary. That is what we have human rights for. Barack Obama, moreover, is the president who has turned this once controversial policy into bipartisan consensus. Under this president, indefinite detention has even been signed into law.
So to remind everyone of this poignant fact, here’s the op-ed by Boumediene. There’s another one too, by the way, from yet another Guantánamo survivor, Murat Kurnaz.
ON Wednesday, America’s detention camp at Guantánamo Bay will have been open for 10 years. For seven of them, I was held there without explanation or charge. During that time my daughters grew up without me. They were toddlers when I was imprisoned, and were never allowed to visit or speak to me by phone. Most of their letters were returned as “undeliverable,” and the few that I received were so thoroughly and thoughtlessly censored that their messages of love and support were lost.
Some American politicians say that people at Guantánamo are terrorists, but I have never been a terrorist. Had I been brought before a court when I was seized, my children’s lives would not have been torn apart, and my family would not have been thrown into poverty. It was only after the United States Supreme Court ordered the government to defend its actions before a federal judge that I was finally able to clear my name and be with them again.
I left Algeria in 1990 to work abroad. In 1997 my family and I moved to Bosnia and Herzegovina at the request of my employer, the Red Crescent Society of the United Arab Emirates. I served in the Sarajevo office as director of humanitarian aid for children who had lost relatives to violence during the Balkan conflicts. In 1998, I became a Bosnian citizen. We had a good life, but all of that changed after 9/11.
When I arrived at work on the morning of Oct. 19, 2001, an intelligence officer was waiting for me. He asked me to accompany him to answer questions. I did so, voluntarily — but afterward I was told that I could not go home. The United States had demanded that local authorities arrest me and five other men. News reports at the time said the United States believed that I was plotting to blow up its embassy in Sarajevo. I had never — for a second — considered this.
The fact that the United States had made a mistake was clear from the beginning. Bosnia’s highest court investigated the American claim, found that there was no evidence against me and ordered my release. But instead, the moment I was released American agents seized me and the five others. We were tied up like animals and flown to Guantánamo, the American naval base in Cuba. I arrived on Jan. 20, 2002.
I still had faith in American justice. I believed my captors would quickly realize their mistake and let me go. But when I would not give the interrogators the answers they wanted — how could I, when I had done nothing wrong? — they became more and more brutal. I was kept awake for many days straight. I was forced to remain in painful positions for hours at a time. These are things I do not want to write about; I want only to forget.
Unbeknownst to many people, Barack Obama’s ascendency to the presidency has, despite his 2008 campaign promises, done almost nothing to reverse one of the most heinous policies of the Bush-Cheney era: the practice of indefinitely detaining people whom the US state deems “enemy combatants”, or terrorism suspects. Without charges and without recourse to a judge. The mere charge of being a terror suspect can still lead to uncontrollable, unaccountable detention by the American government; this is viewed by both Bush-Cheney and Obama as an inherent, presidential prerogative. No one who is not out of his right mind would not view this as in straightforward contradiction to the rule of law.
But President Obama’s record has just gotten even worse. After months of threatening to veto a bill put forward by the partly Republican-controlled Congress allowing the U.S. military to indefinitely detain anyone, including American citizens, anywhere in the world, including in the U.S., without charges, he has now said that he will sign it into law.
Thereby Obama, the 2008 darling of liberals and progressives, has become the president who has made extrajudicial indefinite detention at the charge of being an “enemy combatant” official law and policy, rather than an exception. Obama is even worse than Bush-Cheney! This should be clear to anyone who is still an Obama fanboy.
When in the 1950s, the McCarthy era, Congress presented Harry Truman with a similar bill allowing the indefinite detention of Communists and other ‘subversive elements’ without charges, Truman vetoed it. But Obama is not such a person. The right not to be detained forever by the state without a fair trial is a fundamental human right, part of the Western juridical tradition, that has just been violated possibly forever by this president.
This becoming law will also mean two things. First, that the U.S. military can now be involved in domestic policing activities (!). Second, that the battleground of the so-called ‘War on Terror’ has now been extended to American soil too. Can you believe that?
At this point, I would officially hope that Obama gets defeated at the polls next year. If Ron Paul’s ideas on economic policy weren’t so nutty, I would support him – a Republican - if he was the nominee.
In one of the least surprising developments imaginable, President Obama – after spending months threatening to veto the Levin/McCain detention bill – yesterday announced that he would instead sign it into law (this is the same individual, of course, who unequivocally vowed when seeking the Democratic nomination to support a filibuster of “any bill that includes retroactive immunity for telecom[s],” only to turn around – once he had the nomination secure — and not only vote against such a filibuster, but to vote in favor of the underlying bill itself, so this is perfectly consistent with his past conduct). As a result, the final version of the Levin/McCain bill will be enshrined as law this week as part of the the 2012 National Defense Authorization Act (NDAA). I wrote about the primary provisions and implications of this bill last week, and won’t repeat those points here.
The ACLU said last night that the bill contains “harmful provisions that some legislators have said could authorize the U.S. military to pick up and imprison without charge or trial civilians, including American citizens, anywhere in the world” and added: “if President Obama signs this bill, it will damage his legacy.” Human Rights Watch said that Obama’s decision “does enormous damage to the rule of law both in the US and abroad” and that “President Obama will go down in history as the president who enshrined indefinite detention without trial in US law.”
Both groups pointed out that this is the first time indefinite detention has been enshrined in law since the McCarthy era of the 1950s, when — as the ACLU put it — “President Truman had the courage to veto” the Internal Security Act of 1950 on the ground that it “would make a mockery of our Bill of Rights” and then watched Congress override the veto. That Act authorized the imprisonment of Communists and other “subversives” without the necessity of full trials or due process (many of the most egregious provisions of that bill were repealed by the 1971 Non-Detention Act, and are now being rejuvenated by these War on Terror policies of indefinite detention). President Obama, needless to say, is not Harry Truman. He’s not even the Candidate Obama of 2008 who repeatedly insisted that due process and security were not mutually exclusive and who condemned indefinite detention as “black hole” injustice.
Barack Obama has abandoned a commitment to veto a new security law that allows the military to indefinitely detain without trial American terrorism suspects arrested on US soil who could then be shipped to Guantánamo Bay.
Human rights groups accused the president of deserting his principles and disregarding the long-established principle that the military is not used in domestic policing. The legislation has also been strongly criticised by libertarians on the right angered at the stripping of individual rights for the duration of “a war that appears to have no end”.
The law, contained in the defence authorisation bill that funds the US military, effectively extends the battlefield in the “war on terror” to the US and applies the established principle that combatants in any war are subject to military detention.
The legislation’s supporters in Congress say it simply codifies existing practice, such as the indefinite detention of alleged terrorists at Guantánamo Bay. But the law’s critics describe it as a draconian piece of legislation that extends the reach of detention without trial to include US citizens arrested in their own country.
Senator Lindsey Graham said the extraordinary measures were necessary because terrorism suspects were wholly different to regular criminals.
“We’re facing an enemy, not a common criminal organisation, who will do anything and everything possible to destroy our way of life,” he said. “When you join al-Qaida you haven’t joined the mafia, you haven’t joined a gang. You’ve joined people who are bent on our destruction and who are a military threat.”
Graham added that it was right that Americans should be subject to the detention law as well as foreigners. “It is not unfair to make an American citizen account for the fact that they decided to help Al Qaeda to kill us all and hold them as long as it takes to find intelligence about what may be coming next,” he said. “And when they say, ‘I want my lawyer,’ you tell them, ‘Shut up. You don’t get a lawyer.’”
Other senators supported the new powers on the grounds that al-Qaida was fighting a war inside the US and that its followers should be treated as combatants, not civilians with constitutional protections.
“We’re talking about American citizens who can be taken from the United States and sent to a camp at Guantánamo Bay and held indefinitely. It puts every single citizen American at risk,” he said. “Really, what security does this indefinite detention of Americans give us? The first and flawed premise, both here and in the badly named Patriot Act, is that our pre-9/11 police powers were insufficient to stop terrorism. This is simply not borne out by the facts.”
Paul was backed by Senator Dianne Feinstein.
“Congress is essentially authorising the indefinite imprisonment of American citizens, without charge,” she said. “We are not a nation that locks up its citizens without charge.”
So let it be noted that Obama here has followed the line of the most conservative Republicans.
The Drone War is Obama’s original contribution to the “War” on Terror. In his term, by the president’s order more “terrorists” – that is, people suspected of being terrorists without any sort of judicial process involved – have been assassinated using unmanned drones than during the entire Bush administration.
While the Obama administration may make it look like there is nothing to worry about, of course there is. Drone strikes take place in foreign, sovereign countries, and are committed at the behest of the executive branch in the United States. These are extrajudicial, executive branch assassinations of people that have not been given any sort of trial.
With this practice, Obama effectively continues the “war model” approach to counterterrorism that was established by Bush-Cheney. In this paradigm, the world is a global battlefield in which anyone deemed a “terrorist” by the president of the United States can be summarily executed. This process takes place entirely outside the rule of law.
Unless you’re a neoconservative with no brain, you may appreciate what kind of precedents this creates. Imagine Russia taking out people it deems “terrorists” in foreign countries – for instance, in the US – and the response that would elicit. As a matter of fact, Russia has already expanded its definition of terrorists and embarked on its own policy of killing them internationally.
David Cole explains exactly why the Obama administration’s policy on drone strikes is so lawless and dangerous. It is to be noted, moreover, that there seems to be a rift within the administration about this policy.
On Friday, a front-page New York Times story reported that a rift has emerged within the Obama Administration over whether it has authority to kill “rank-and-file” Islamist militants in foreign countries in which there is not an internationally recognized “armed conflict.” The implications of this debate are not trivial: Imagine that Russia started killing individuals living in the United States with remote-controlled drone missiles, and argued that it was justified in doing so because it had determined, in secret, that they posed a threat to Russia’s security, and that the United States was unwilling to turn them over. Would we calmly pronounce such actions compliant with the rule of law? Not too likely.
And yet that is precisely the argument that the Obama Administration is now using in regard to American’s own actions in places like Yemen and Somalia—and by extension anywhere else it deems militant anti-US groups may be taking refuge. On the same day the Times article appeared, John Brennan, President Obama’s senior advisor on homeland security and counterterrorism, gave a speech at Harvard Law School in which he defended the United States’ use of drones to kill terrorists who are far from any “hot battlefield.” Brennan argued that the United States is justified in killing members of violent Islamist groups far from Afghanistan if they pose a threat to the United States, even if the threat is not “imminent” as that term has traditionally been understood. (As if to underscore the point, The Washington Post reports that the US has “significantly increased” its drone attacks in Yemen in recent months, out of fears that the government may collapse.)
In international law, where reciprocity governs, what is lawful for the goose is lawful for the gander. And when the goose is the United States, it sets a precedent that other countries may well feel warranted in following. Indeed, exploiting the international mandate to fight terrorism that has emerged since the September 11 attacks, Russia has already expanded its definition of terrorists to include those who promote “terrorist ideas”—for example, by distributing information that might encourage terrorist activity— and to authorize the Russian government to target “international terrorists” in other countries. It may seem fanciful that Russia would have the nerve to use such an authority within the United States—though in the case of Alexsander Litvinenko it appears to have had few qualms about taking extreme measures to kill an individual who had taken refuge in the United Kingdom. But it is not at all fanciful that once the US proclaims such tactics legitimate, other nations might seek to use them against their less powerful neighbors.
Yet as the New York Times report makes clear, when it comes to targeted killings, there is serious dispute, even within the administration, about what the law permits. Some, like State Department legal advisor Harold Koh, take the position that beyond the battlefield, we can attack only those “high-value individuals” who are actually engaged in plotting attacks on the United States, and only where their threats are specific enough to allow the US to claim the right to self-defense granted to all states under the UN Charter. The Charter permits nations to use unilateral military force only in self-defense against an armed attack, and has been interpreted to permit self-defense against threatened attacks only when they are imminent. Defense Department lawyers maintain, by contrast, that the ongoing war against al-Qaeda authorizes us to kill any of the thousands of rank and file members not only of al-Qaeda itself, but also of al-Qaeda in the Arabian Peninsula—a Yemen-based group founded in 2009—and of al-Shabab, a Somalia-based militant group. Although both of the latter organizations were founded well after the September 11 attacks, the Defense Department considers them fair game because it deems them to be associated with al Qaeda.
Brennan further argued that the UN Charter requirement that a threat be imminent before a nation can exercise its right of self-defense makes less sense when a country faces a threat from a clandestine terrorist group, whose threats may be harder to spot in advance. But the purpose of that requirement was to ensure that military force is truly a last resort. Too many wars have been launched on the basis of ill-defined future threats. The watered-down imminence that Brennan seemed to advocate, especially when coupled with his suggestion that even a temporary disruption of “capabilities” is sufficient reason to strike, would seem to permit targeting even where no attack is in fact imminent. Such reasoning could also be used to justify lethal force in cases where it might well be possible to foil a possible attack through arrest, criminal prosecution, interdiction, or other means. As many countries, including Great Britain, Germany, Spain, and, Italy have shown, the fact that organized groups seek to engage in politically motivated violence does not necessitate a military response.
The legal parameters defining the use of military force against terrorists are unquestionably difficult to draw. On the one hand, no one disputes that it is permissible to kill an enemy soldier on the battlefield in an ongoing armed conflict. On the other hand, absent extreme circumstances, constitutional and international law bar a state from killing a human being in peacetime without a trial (and even then, many authorities hold that capital punishment violates international human rights law). Al-Qaeda has not limited its fight to the battlefield in Afghanistan, and most agree that, as long as sovereignty concerns are met, the use of military force can follow this enemy beyond the battlefield at least in some situations. Killing Osama bin Laden in Pakistan—whose tribal areas are for all practical purposes part of the theater of war—was the justified targeting of the enemy’s leader. But are al-Qaeda in the Arabian Peninsula or al-Shabab the same “enemy,” or merely sympathetic adherents of a terrorist philosophy? They certainly did not attack us on September 11, nor are they harboring those who did. Can we summarily execute all terrorists who we fear might someday commit a terrorist act against us? Brennan’s speech offered no answers.
And that makes it especially disturbing that the contours of US policy and practice in this area remain largely secret. Presumably the administration has developed criteria for who can be killed and why, and a process for assessing who fits those criteria and when their targeting is justified. But if so, it hasn’t told us. Instead, it exercises the authority to kill, not only in Afghanistan and the border regions of Pakistan, but in Yemen,Somalia, and presumably elsewhere, based on a secret policy. We learn more about its outlines from leaks to The New York Times than from the cryptic comments of US officials in speeches like Brennan’s. If we are engaging the enemy within the rule of law, as Brennan insisted we must, we should have the courage to make our policies transparent, so that the people, both in the United States and beyond, can judge for themselves. And if, by contrast, we continue to justify such practices in only the vaguest of terms, we should expect other countries to take them up—and almost certainly in ways we will not find to our liking.
Glenn Greenwald unearths some surprising – and encouraging – poll results. One central theme of the post-9/11 decade is, in my perception, the erosion in the Western world of individual rights and the idea of the rule of law vis-a-vis an ever more intrusive and particularistic State. This is often portrayed as a trade-off to get ”security” and reduce “risk”. Depressingly, reference is frequently made to a general public that is deemed either uninterested or happy to give up some liberties in exchange for protection against all the evils in the world.
Yet, this recent Pew poll shows that a majority of Americans nowadays doesn’t support this erosion of civil liberties in the name of, in this instance, combating terrorism. I’m sure it’s partly a matter of phrasing, but still it’s good news.
The other poll findings – such as that a plurality of Americans agree that the role of the US in the world may have had something to do with the 9/11 attacks – are interesting as well.
The most common claim to justify endless civil liberties erosions in the name of security — and to defend politicians who endorse those erosions — is that Americans don’t care about those rights and are happy to sacrifice them. The principal problem with this claim is that it is false (…).
It was only in the immediate aftermath of 9/11 that a majority of Americans was prepared to sacrifice civil liberties in the name of Terrorism. But this game-playing with public opinion — falsely claiming that the public is indifferent to civil liberties in order to justify assaults on them — is common. To this day, if you criticize President Obama for shielding Bush officials from investigations, you’ll be met with the claim that doing so was politically necessary, even though poll after poll found in the wake of Obama’s inauguration that large majorities wanted those inquiries.
If we are to believe the world view of the likes of Geert Wilders and Anders Breivik, every Muslim in the world is a radical. After all, there is no such thing as moderate Islam, and Islam is a fascist, violent ideology. Therefore, Muslims in general are a dangerous element in society.
Then how to explain this new Gallup poll, showing that of all religious affinities, American Muslims oppose civilian killings by individuals the most? Are they massively committing taqqiya, or what?
Muslims are more likely than any other religious group to disapprove of targeting civilians, whether it’s done by the government or by a terrorist group. That means their views are most in line with international law, which prohibits the deliberate targeting of civilians under any circumstances. The finding is somewhat intuitive — whether we’re talking drone strikes or suicide bombings, Muslims are often the most likely victims.
In verschillende media wordt de dader van de slachtpartij in Noorwegen, Anders Breivik, nog altijd ‘extreem’-rechts en christelijk-’fundamentalistisch’ genoemd. Dit gebeurt gelukkig steeds minder, naarmate het duidelijker wordt dat Breivik in principe een vrij doorsnee versie van de nieuw-rechtse ideologie van het afgelopen decennium aanhangt. Wat hij in het eerste deel van zijn manifest schrijft, is tegenwoordig tamelijk mainstream.
Gisteren heb ik een tijdje het 1500 pagina’s tellende boekwerk 2083 (pdf) zitten lezen. Eén van de dingen die gelijk opvalt is dat Breivik zich expliciet distantieert van wat normaliter bekend staat als extreem-rechts: het (neo-) nazisme en het fascisme. Hier wil hij helemaal niets mee te maken hebben. Breivik noemt zichzelf daarentegen voortdurend een ‘cultureel-conservatief’, soms een ‘conservatief-nationalist’, en doet moeite zich te onderscheiden van andere rechtse stromingen.
En het klopt: wie het manifest van Breivik leest, komt teksten tegen die niet verschillen van die al tien jaar gedebiteerd worden op GeenStijl, op de Dagelijkse Standaard, in Elsevier, in de Telegraaf, door de LPF, de PVV, en in toenemende mate ook binnen VVD en CDA. Breivik had lid van de Edmund Burke Stichting kunnen zijn, of de SGP-jongeren. Zo ziet hij er trouwens ook uit, met z’n blonde coup en Lacoste-truien. Breivik past naadloos binnen de opkomst van het ‘nieuwe conservatisme’ van de eenentwintigste eeuw.
Dit conservatisme is sterk ideologisch getint, en zoals iedere ideologie heeft het een eigen geschiedbeeld. Dat gaat als volgt: door heel Europa hebben linkse elites ter veiligstelling van gesubsidieerde baantjes massa-immigratie en islamisering in de hand gewerkt. De islam, bovendien, is uniform radicaal en gewelddadig. De linkse elites zijn dus eigenlijk landverraders.
Dit geschiedbeeld wordt in Nederland al een decennium lang consequent en stelselmatig verkondigd in rechtse media en blogs zoals GeenStijl, DDS, Elsevier en andere bovengenoemde. Ooit was het randdenken, een retorisch wapen van Pim Fortuyn tegen de Paarse regenten. Maar inmiddels is het een in steen gebijtelde ideologie worden, die fungeert als geloofsbrief voor wie serieus genomen wil worden ter rechterzijde. Lees maar eens een column van Martin Bosma, of sla eens een Telegraaf open. Echo’s ervan zijn zelfs terug te vinden in de speech van Maxime Verhagen. “Links” is verantwoordelijk voor alles wat fout is in dit land, en dat al sinds de jaren zestig; de multiculturele samenleving, massa-immigratie en islamisering zijn daar de belangrijkste consequenties van.
Dat het pure fictie is – er bestaat geen monolithische linkse elite die alle macht in handen heeft; CDA- en VVD-regeringen hebben evenzeer bijgedragen aan de massa-immigratie; met die demografische islamisering valt het reuze mee – doet er niet toe. Een ideologie is een gesloten systeem dat geen behoefte heeft aan nuanceringen.
Dus lezen we in 2083 zeer uitgebreid hoe de ‘linkse ideologie’ (in Breiviks woorden consequent ‘cultureel Marxisme’ genoemd) vanaf de jaren zestig de universiteiten, de wetenschap, de ambtenarij, de journalistiek en de politiek heeft overgenomen, vanaf de Frankfurter Schule tot de opkomst van gender studies, van de overname van publieke omroepen tot het invoeren van een vak als naaien op school. Er zijn volgens Breivik over heel Europa politieke partijen die niets liever willen dan de multiculturele samenleving invoeren. Dit zijn allemaal zaken die even goed door Bart-Jan Spruyt, Afshin Ellian, Joshua Livestro of Martin Bosma geschreven hadden kunnen zijn. Dit geschiedbeeld, ooit radicaal, is tegenwoordig gemeengoed op nieuw-rechts, en in toenemende mate ook op rechts.
Waar Breivik in verschilt met al deze mensen, uiteraard, is de gewelddadige consequenties die hij aan zijn ideologie verbindt. Waar het eerste deel van zijn boekwerk leest als een tamelijk complex en goed geïnformeerd verhaal (wel veel copy-paste), excelleert het tweede deel in wreedheid en gruwelijkheid. Hij beschrijft zonder veel omwegen hoe je het beste kunstmestbommen maakt, een Kevlar-harnas en wapens koopt; hoe politici, journalisten en wetenschappers vallen in Categorie A,- B,- en C-landverraders die je het beste en masse kunt vermoorden; welke muziek je daarbij het beste via je oordopjes kunt luisteren (vocal trance en epische Scandinavische muziek); hoeveel linkse verraders en moslims er per West-Europees land vermoord moeten worden, en dat je ook in staat moet zijn vrouwen, ‘zelfs aantrekkelijke’, te vermoorden. Dit alles in het kader van de heroprichting van de Tempeliers, als paramilitaire orde die West-Europa moet heroveren op de linkse multiculturele elites die het land ten koste van de eigen bevolking wil islamiseren.
“Anders kun je beter weer een nieuwe rechtse blog beginnen”, zo schrijft Breivik.
Het is duidelijk dat Wilders, noch de PVV, noch (nieuw-) rechtse opiniemakers of bloggers op enige wijze schuldig zijn aan de daden van deze figuur. Ze zijn ook niet verantwoordelijk. Maar door hun voortdurende, stelselmatige hameren op een gesloten ideologie, op een wereldbeeld dat aan elkaar hangt van ‘linkse elites’ en ‘multikul’, van ’EUSSR’ en ‘policor’ tot ‘dhimmitude’, zou je hen en hun eveneens door Breivik geciteerde internationale geestverwanten – van de Amerikaanse anti-islamblogster Pamela Geller tot de Lega Nord-parlementariër die Breiviks ideeën ”volkomen gezond” noemt - wel ‘indirect medeverantwoordelijk’ kunnen noemen. Want als iemand werkelijk gaat denken dat er een linkse elite bestaat die niets liever doet dan massa’s achterlijke moslims hierheen halen voor de eigen gesubsidieerde baantjes, ten koste van de eigen bevolking, dan is de stap naar gewapend verzet niet zo groot meer. Breivik beschrijft het zelf: pogingen het linkse en islamitisch gevaar democratisch tegemoet te treden hebben gefaald, en het is nu tijd om het met geweld te bestrijden, ter verdediging van het christelijke Europa.
Het maken en verspreiden van een ideologisch wereldbeeld als het nieuw-conservatisme is geen vrijblijvende bezigheid. Dat heeft een impact op de wereld, zeker wanneer daar in zulke duidelijk te identificeren zondebokken (de multiculturele elites en de moslims) worden aangewezen. Dat zouden rechtse opiniemakers, bloggers en politici zich moeten realiseren. Wanneer Wilders iets schrijft als dit:
Door heel Europa, niet alleen in Nederland, maar in heel Europa vechten de multiculturalistische elites een totale oorlog uit tegen hun bevolkingen. Met als inzet de voortzetting van de massa-immigratie en de islamisering, uiteindelijk resulterend in een islamitisch Europa – een Europa zonder vrijheid: Eurabië.
… en het daarbij heeft over de ‘Partij van de Allochtonen’ die ‘islamitisch stemvee’ naar Nederland haalt, en wanneer dat consequent herhaald wordt in online en papieren media, dan is het eigenlijk een wonder dat er door een gek nog geen aanslag is gepleegd op een partijcongres van de PvdA. Logisch toch, met zo’n apocalyptisch gevaar?
‘Guilt by association’? Nee, dit is niet de schuld van Wilders. Maar sommige opiniemakers, bloggers en politici zouden wel eens mogen kappen met het verspreiden van het kinderlijke wereldbeeld dat een almachtige linkse elite al een halve eeuw eigenhandig verantwoordelijk is voor het hierheen halen van volksstammen allemaal criminele én radicale moslims. Het is gewoon niet waar, and you know it. Hou ermee op.
Het debat over de multiculturele samenleving hoeft niet op slot. Je kunt discussiëren over de negatieve gevolgen van massa-immigratie, of over de inhoud van de islam. Maar stop ‘links’ neer te zetten als in essentie landverraders (of je die term nou letterlijk gebruikt of niet). Je delegitimeert daarmee niet alleen je tegenstander in het debat; je brengt ze ook in concreet, fysiek gevaar, zoals blijkt uit de slachting op een sociaal-democratisch partijevenement. De oproep van de Noorse koning – en het moet gezegd, ook van enkele bloggers op de Dagelijkse Standaard – tot meer beschaving, tot matiging is daarom een hele goeie. Voer gewoon een discussie, zonder de tegenstander af te schilderen op ideologische wijze.
- Edit 1: Het behoeft geen uitleg dat dit vanzelfsprekend ook geldt voor de linkerzijde in het debat. Het geldt voor iedereen.
To be honest, I pretty much have my fill about the whole Bin Laden affair. This includes the revolting jingoism displayed by American politicians and establishment media such as the New York Times, as well as the ‘funny’ comics and internet memes. I wish we could turn to something else now.
Nevertheless, criticism must continue to be voiced, so here’s an op-ed by no one less than Noam Chomsky.
It’s increasingly clear that the operation was a planned assassination, multiply violating elementary norms of international law. There appears to have been no attempt to apprehend the unarmed victim, as presumably could have been done by 80 commandos facing virtually no opposition—except, they claim, from his wife, who lunged towards them. In societies that profess some respect for law, suspects are apprehended and brought to fair trial. I stress “suspects.” In April 2002, the head of the FBI, Robert Mueller, informed the press that after the most intensive investigation in history, the FBI could say no more than that it “believed” that the plot was hatched in Afghanistan, though implemented in the UAE and Germany. What they only believed in April 2002, they obviously didn’t know 8 months earlier, when Washington dismissed tentative offers by the Taliban (how serious, we do not know, because they were instantly dismissed) to extradite bin Laden if they were presented with evidence—which, as we soon learned, Washington didn’t have. Thus Obama was simply lying when he said, in his White House statement, that “we quickly learned that the 9/11 attacks were carried out by al Qaeda.”
Nothing serious has been provided since. There is much talk of bin Laden’s “confession,” but that is rather like my confession that I won the Boston Marathon. He boasted of what he regarded as a great achievement.
There is also much media discussion of Washington’s anger that Pakistan didn’t turn over bin Laden, though surely elements of the military and security forces were aware of his presence in Abbottabad. Less is said about Pakistani anger that the U.S. invaded their territory to carry out a political assassination. Anti-American fervor is already very high in Pakistan, and these events are likely to exacerbate it. The decision to dump the body at sea is already, predictably, provoking both anger and skepticism in much of the Muslim world.
We might ask ourselves how we would be reacting if Iraqi commandos landed at George W. Bush’s compound, assassinated him, and dumped his body in the Atlantic. Uncontroversially, his crimes vastly exceed bin Laden’s, and he is not a “suspect” but uncontroversially the “decider” who gave the orders to commit the “supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole” (quoting the Nuremberg Tribunal) for which Nazi criminals were hanged: the hundreds of thousands of deaths, millions of refugees, destruction of much of the country, the bitter sectarian conflict that has now spread to the rest of the region.
There’s more to say about [Cuban airline bomber Orlando] Bosch, who just died peacefully in Florida, including reference to the “Bush doctrine” that societies that harbor terrorists are as guilty as the terrorists themselves and should be treated accordingly. No one seemed to notice that Bush was calling for invasion and destruction of the U.S. and murder of its criminal president.
Same with the name, Operation Geronimo. The imperial mentality is so profound, throughout western society, that no one can perceive that they are glorifying bin Laden by identifying him with courageous resistance against genocidal invaders. It’s like naming our murder weapons after victims of our crimes: Apache, Tomahawk… It’s as if the Luftwaffe were to call its fighter planes “Jew” and “Gypsy.”
There is much more to say, but even the most obvious and elementary facts should provide us with a good deal to think about.
Yesterday, I expressed the hope that with the demise of Osama bin Laden, America could return to being the constitutional democracy with the rule of law that it was before 9/11.
Luckily (and of course), I’m not the only one who sees this as possibly the most important aspect of yesterday’s operation. Here’s probably the best commentary that I’ve read so far in the wake of Bin Laden’s death, by Peter Beinart of The Daily Beast. Beinart argues that now the figurehead of the 9/11 attacks is gone, it’s time to call an end to the so-called ‘war’ on terror. This doesn’t mean that counterterrorism policies should come to a halt! On the contrary, in the coming time period they should probably be increased to prevent retaliation. But it does mean that the ‘war’ on terrorism should cease to be the primary paradigm through which US (and Western) foreign policy operates.
Because let’s face it: the threat of radical islamist terrorism is not the biggest policy problem the West faces. It isn’t now, and it wasn’t after 9/11. If I’d to point at anything, I’d had to choose between the rise of China or the long-term budgetary and financial problems the US and the West are facing. But certainly not the threat of a bunch of medieval rag tag terrorists who, admittedly, can do short-term symbolic (and personal) damage, but do not pose any fundamental threat to the existence of our society in this form.
The terrorist incidents of 9/11 and those after that can, however, present long-term problems when executive powers choose to overreact, and thereby aim to fundamentally transform the structures of constitutional democracy and the rule of law. This is what happened in America under Bush-Cheney, where an emergency became the pretext for a global, unending, infinite ‘war’ on terror in which anything was allowed. That’s when you got ‘enemy combatants’, indefinite detention, torture and a Gulag archipel of ’black sites’ and Guantánamo Bay. By and large, this ‘legal architecture’ for combating terrorism – with the exception of torture – has been retained by Obama, who added drone attacks and the targeting of American citizens abroad of his own.
When a state of emergency ceases to be the exception and starts to be the norm, then you have a problem. Either it expands (and turns on citizens), or it becomes the baseline on which to build yet other ‘emergency’ measures. So let’s say the state of emergency started on 9/11 (I don’t agree, but let’s say it did); can we then now say that with the demise of Osama bin Laden, who apparently was so important that streets are filled with chanting people, the state of emergency has ended? Can we please do away with renditions, indefinite detention, Guantánamo Bay, illegal wiretapping, and so forth?
[We] have more to be grateful for than this one villain’s demise. We must give thanks for something broader: The war on terror is over. I don’t mean that there is no threat of further jihadist attack. In the short term, the threat may even rise. I don’t mean that we should abandon all efforts at tracking terrorist cells. Of course not. But the war on terror was a way of seeing the world, explicitly modeled on World War II and the Cold War. It suggested that the struggle against “radical Islam” or “Islamofascism” or “Islamic terrorism” should be the overarching goal of American foreign policy, the prism through which we see the world.
I remember how seductive that vision was in the aftermath of 9/11. It imposed order on the world and gave purpose to American power. But it was a mistake from the start. Even the Cold War was a dangerously overblown vision, which blinded American policymakers to the fact that much of what happened in, say, Vietnam or Angola, had little to do with Moscow or communism. But the war on terror was worse. It made East Asia an afterthought during a critical period in China’s rise; it allowed all manner of dictators to sell their repression in Washington, just as they had during the Cold War; it facilitated America’s descent into torture; it wildly exaggerated the ideological appeal of a jihadist-Salafist movement whose vision of society most Muslims find revolting.
Even before the U.S. killed bin Laden, the Arab Spring had already rendered him irrelevant. President Obama now has his best chance since taking office to acknowledge some simple, long-overdue truths. Terrorism does not represent the greatest threat to American security; debt does, and our anti-terror efforts are exacerbating the problem. We do not face, as we did in the 1930s, a totalitarian foe with global ideological appeal. We face competitors who, in varying ways, have imported aspects of our democratic capitalist ideology, and are beating us at our own game.
So now what? Legally speaking, there are two broad lessons to derive from the Obama administration’s latest salvo in the war on terror. One is that it shows the need to continue operating outside legal norms indefinitely. The other is that it allows us to declare a symbolic victory over terrorism and return once more to the pre-9/11 regime in which the rule of law is inviolate.
About all we can say with certainty is this: We tortured. We live in a world in which we must contend with information obtained by torture. We now need to decide whether we want to continue to live that way. Writers from ideological backgrounds as diverse as Matt Yglesias and Ross Douthat argue that it is time to return to the paradigm abandoned after 9/11. Let’s put the 9/11 attacks and the existential threat it created behind us. With Bin Laden’s death, let’s simply agree that the objectives of the Bush administration’s massive anti-terror campaign have finally been achieved, and that the time for extra-legal, extra-judicial government programs—from torture, to illegal surveillance, to indefinite detention, to secret trials, to nontrials, to the prison camp at Guantanamo Bay—has now passed. There will be no better marker for the end of this era. There will be no better time to inform the world that our flirtation with a system of shadow-laws was merely situational and that the situation now is over.
But for those who would argue for a continuation of the lawlessness of the post-9/11 legal era, the question is now this: When does it end? If the death of Bin Laden doesn’t signal the end of the 9/11 legal regime, what does? Do we continue to avail ourselves of these illegal methods until every last enemy of America is dead? If torture produced information about the men hiding Bin Laden, does that give America license to torture anyone, anywhere? If the prison camp at Guantanamo is the only reason we were able to obtain intelligence about Bin Laden’s protectors, shouldn’t Guantanamo be expanded and kept open forever? Shouldn’t we start shipping Americans there?
The “war on terror” language was always metaphorical, I realize, but it unloosed a very real Pandora’s box of injustice on a nation that prides itself on its notions of fairness. That makes the highly symbolic death of Bin Laden an apt time—perhaps the last apt time—to ask whether this state of affairs is to be temporary or permanent. If President Obama truly believes, as he said last night, that justice has finally been done, he should use this opportunity to restore the central role of the rule of law in achieving justice in the future.
David Sirota has a good piece up on Salon.com about the reactions in the United States yesterday on hearing the news of Osama bin Laden’s killing.
I must say he voices the same slightly uncomfortable feelings I involuntarily got from watching partying crowds outside the White House and in New York. I guess one should empathize with such outbursts, but I couldn’t help but think about partying crowds in the Gaza Strip when 9/11 occurred (even though I want to stress that killing Osama bin Laden is in no way comparable to the attack on the Twin Towers). Basically people are celebrating death. Now I share relief when a mass murderer, in the case of some people responsible for the death of loved ones, is gone, but the whole gung-ho, “America, fuck yeah!” vibe surrounding that…
I don’t know, I thought it was a less pretty face of America.
There is ample reason to feel relief that Osama bin Laden is no longer a threat to the world, and I say that not just because I was among the many congressional staffers told to flee the U.S. Capitol on 9/11. I say that because he was clearly an evil person who celebrated violence against all whom he deemed “enemies” — and the world needs less of such zealotry, not more.
However, somber relief was not the dominant emotion presented to America when bin Laden’s death was announced. Instead, the Washington press corps — helped by a wild-eyed throng outside the White House — insisted that unbridled euphoria is the appropriate response. And in this we see bin Laden’s more enduring victory — a victory that will unfortunately last far beyond his passing.
For decades, we have held in contempt those who actively celebrate death. When we’ve seen video footage of foreigners cheering terrorist attacks against America, we have ignored their insistence that they are celebrating merely because we have occupied their nations and killed their people. Instead, we have been rightly disgusted — not only because they are lauding the death of our innocents, but because, more fundamentally, they are celebrating death itself. That latter part had been anathema to a nation built on the presumption that life is an “unalienable right.”
But in the years since 9/11, we have begun vaguely mimicking those we say we despise, sometimes celebrating bloodshed against those we see as Bad Guys just as vigorously as our enemies celebrate bloodshed against innocent Americans they (wrongly) deem as Bad Guys. Indeed, an America that once carefully refrained from flaunting gruesome pictures of our victims for fear of engaging in ugly death euphoria now ogles pictures of Uday and Qusay’s corpses, rejoices over images of Saddam Hussein’s hanging and throws a party at news that bin Laden was shot in the head.
This is bin Laden’s lamentable victory: He has changed America’s psyche from one that saw violence as a regrettable-if-sometimes-necessary act into one that finds orgasmic euphoria in news of bloodshed. In other words, he’s helped drag us down into his sick nihilism by making us like too many other bellicose societies in history — the ones that aggressively cheer on killing, as long as it is the Bad Guy that is being killed.
Again, this isn’t in any way to equate Americans who cheer on bin Laden’s death with, say, those who cheered after 9/11. Bin Laden was a mass murderer who had punishment coming to him, while the 9/11 victims were innocent civilians whose deaths are an unspeakable tragedy. Likewise, this isn’t to say that we should feel nothing at bin Laden’s neutralization, or that the announcement last night isn’t cause for any positive feeling at all — it most certainly is.
But it is to say that our reaction to the news last night should be the kind often exhibited by victims’ families at a perpetrator’s lethal injection — a reaction typically marked by both muted relief but also by sadness over the fact that the perpetrators’ innocent victims are gone forever, the fact that the perpetrator’s death cannot change the past, and the fact that our world continues to produce such monstrous perpetrators in the first place.
When we lose the sadness part — when all we do is happily scream “USA! USA! USA!” at news of yet more killing in a now unending back-and-forth war — it’s a sign we may be inadvertently letting the monsters win.
In the gargantuan media frenzy surrounding an event like this, there’s only so much a tiny blog can add.
First off, I must say I’m against the death panelty and against this kind of ‘rogue justice’. Like the Dutch Minister of Defence said, I’d been better if Bin Laden had been captured and tried in a fair trial. So, I can’t really engage in the kind of gung-ho victoriousness that I’m seeing now in the news and on my Facebook feed. But congratulations, I guess, to all those who lost friends and family on 9/11; and of course Bin Laden had it coming.
Having said that, I wonder what the impact of this event is, and to what extent it changes anything. It might have some impact on Obama’s 2012 re-election chances, but I wouldn’t be surprised if the current glow dissipates pretty soon, and politics goes back to business as usual. Whether the death of Bin Laden has any effect on global terrorism as a phenomenon, other than a symbolic one, I very much doubt.
What I would hope is that now America as a constitutional democracy with the rule of law could return to its pre-9/11 state of being. As Joan Walsh on Salon.com says:
I also wish this achievement could mean we get our country back, the one before the Patriot Act, before FISA, before rendition and torture and Guantanamo; before we began giving up the freedom and belief in due process that makes us Americans, out of our fear of totalitarians like bin Laden. It won’t happen overnight, but I’m going to choose to think this could be a first step.
Because that would be the real victory in the struggle against terrorism: closing Guantánamo Bay!
- Edit: This observation from the NYT, by the way, is also very true. The political uprisings of the Arab Spring had already delegitimized Al Qaeda, and this is a (symbolic) double blow.
Analysts said Bin Laden’s death amounted to a double blow for Al Qaeda, after its sermons of anti-Western violence seemed to be rendered irrelevant by the wave of political upheaval rolling through the Arab world.
“It comes at a time when Al Qaeda’s narrative is already very much in doubt in the Arab world,” said Martin S. Indyk, vice president and director of foreign policy at the Brookings Institution. “Its narrative was that violence was the way to redeem Arab honor and dignity. But Osama bin Laden and his violence didn’t succeed in unseating anybody.
Obama’s remarks, though, were very decent and modest. Read them in full here. I’m very happy that he didn’t talk about “war” too much other than in the contexts of Iraq and Afghanistan (imagine how Bush or a fool like John McCain would’ve been standing there), and this I thought was very good:
As we do, we must also reaffirm that the United States is not –- and never will be -– at war with Islam. I’ve made clear, just as President Bush did shortly after 9/11, that our war is not against Islam. Bin Laden was not a Muslim leader; he was a mass murderer of Muslims. Indeed, al Qaeda has slaughtered scores of Muslims in many countries, including our own. So his demise should be welcomed by all who believe in peace and human dignity.
Despite all the rightful criticism against Obama concerning the rule of law, I think we can be very happy that this guy is the president of the United States.
I also kinda like, as a political thing, that Obama already announced in 2008 that he would re-direct American efforts from full-scale wars in Iraq and Afghanistan to taking out Osama bin Laden - like in this presidential debate with John McCain, who actually protested that notion. And that’s what he did. Of course, the US is still in both countries and in a third one, but still.
Well that’s pretty much it. Check the NYT here, and the 7-page obituary of Bin Laden here. HuffPost here. Andrew Sullivan here (although you may not want to read him if you’re not into dramatic wallowing). Here’s some cool stuff:
And so Barack Obama finally commits to the creation of a parallel justice system – one in which the threshold of evidence is lower, people can be preventively detained or have no trial at all (indefinitely), and that is run by military commissions. On Cuba, a satellite piece of land outside the US mainland and its ordinary criminal justice system. Even though as a presidential candidate, the darling of civil libertarians, liberals and Democrats, Obama said to vehemently oppose the Bush-Cheney counterterrorism policies that had resulted in the prison camp at Guantánamo Bay, the military commissions, and indefinite preventive detention for terrorism suspects.
If Obama taught me one thing, it is that you should never, ever trust politicians. That’s the lesson that I guess is to be learnt from this guy’s election and presidency.
But anyway. Indefinite detention is now a fact. Procedurally, some things have of course been improved since Bush-Cheney. Detainees on trial now have legal rights which come closer to those in the ordinary justice system; detainees who will not be tried will, it is promised, within a year receive status reviews of the level of ‘threat’ they impose. Obama’s executive order lifting his two-year ban on military trials requires compliance with the Geneva Conventions and the Convention Against Torture. Also – importantly – this order only covers those currently held, and does not extent to any possible future detainees.
But otherwise, Gitmo will not be closed, 9/11 plotters will not get a criminal trial (which would have shown the world what a law-honoring, justice-minded country the US would be), and the way is open for any future Republican president to expand upon this parallel justice system. Yes we can.
President Obama on Monday reversed his two-year-old order halting new military charges against detainees at Guantánamo Bay, Cuba, permitting military trials to resume with revamped procedures but implicitly admitting the failure of his pledge to close the prison camp.
Mr. Obama said in a statement that he remained committed to closing Guantánamo someday and to charging some terrorism suspects in civilian criminal courts. But Congress has blocked the transfer of prisoners from Guantánamo to the United States for trial, frustrating the administration’s plan to hold civilian trials for Khalid Shaikh Mohammed, the self-professed chief plotter of the Sept. 11 attacks, and others accused of terrorism.
Officials declined to say whether Mr. Mohammed would be scheduled for a military commission or would await a trial in federal court if Congress lifts its prohibition.
Separately, for detainees who will not get trials, Mr. Obama set out new rules in an executive order Monday requiring a review of their status within a year and every three years after that to determine whether they remain a threat, should be scheduled for a military trial or should be released. The order also requires compliance with the Geneva Conventions and the international treaty that bans torture and inhumane treatment.
Civil liberties advocates, who have long been critical of Guantánamo, expressed disappointment that the military system remained in place more than two years after Mr. Obama took office.
“This is a step down the road toward institutionalizing a preventive-detention regime,” said Elisa Massimino, president of Human Rights First. “People in the Mideast are looking to establish new rules for their own societies, and this sends a mixed message at best.”
Glenn Greenwald at Salon.com is, as always, indispensable. He especially debunks the idea, also found in the NYT article above, that it is Congress, not Obama, that drives these policies:
It is true that Congress — with the overwhelming support of both parties — has enacted several measures making it much more difficult, indeed impossible, to transfer Guantanamo detainees into the U.S. But long before that ever happened, Obama made clear that he wanted to continue the twin defining pillars of the Bush detention regime: namely, (1) indefinite, charge-free detention and (2) military commissions (for those lucky enough to be charged with something). Obama never had a plan for “closing Guantanamo” in any meaningful sense; the most he sought to do was to move it a few thousand miles north to Illinois, where its defining injustices would endure.
The preservation of the crux of the Bush detention scheme was advocated by Obama long before Congress’ ban on transferring detainees to the U.S. It was in May, 2009 — a mere five months after his inauguration — that Obama stood up in front of the U.S. Constitution at the National Archives and demanded a new law of “preventive detention” to empower him to imprison people without charges: a plan the New York Times said “would be a departure from the way this country sees itself.” It was the same month that the administration announced it intended to continue to deny many detainees trials, instead preserving the military commissions scheme, albeit with modifications. And the first — and only — Obama plan for “closing Guantanamo” came in December, 2009, and it entailed nothing more than transferring the camp to a supermax prison in Thompson, Illinois, while preserving its key ingredients, prompting the name “Gitmo North.”
None of this was even arguably necessitated by Congressional action. To the contrary, almost all of it took place before Congress did anything. It was Barack Obama’s position — not that of Congress — that detainees could and should be denied trials, that our court system was inadequate and inappropriate to try them, and that he possessed the unilateral, unrestrained power under the “laws of war” to order them imprisoned for years, even indefinitely, without bothering to charge them with a crime and without any review by the judiciary, in some cases without even the right of habeas review(to see why claims of such “law of war” detention power are so baseless, see the points here, especially point 5).
In other words, Obama — for reasons having nothing to do with Congress — worked from the start to preserve the crux of the Bush/Cheney detention regime.
An atmospheric short animation by a couple of Indian students of an animation school, about terror paranoia.
Synopsis: A guy is traveling in a late night Mumbai local train. The bogie is empty except for a few sleepy passengers. A man with a briefcase boards the train at a station and decides to sit directly in front of him…
This is how you respond to terror threats: not by succumbing to fear, and implementing ever more privacy-invading measures, and constructing an ubiquitous surveillance state, all for a false sense of security; but by staying adult, keeping rational, and accepting that, yes, someday, terrorism acts are going to happen.
Gefährlicher als es ein Terroranschlag für unseren Staat jemals sein könnte, sind überaktive Politiker. Sie wollen im Windschatten einer vermeintlichen oder realen Terrorbedrohung unsere Freiheitsrechte beschneiden, Überwachungsstrukturen schaffen und ganze Bevölkerungsgruppen unter Pauschalverdacht stellen. Geben wir der Angst nach, haben die Terroristen gesiegt. Das gönnen wir ihnen nicht! Daher rufen wir allen politischen Entscheidungsträgern zu: Wir haben keine Angst!