Iraqi torture practices could be more widespread

The discovery of malnourished detainees, many bearing signs of torture, in an underground bunker at the Iraqi Interior Ministry came after a US Army 3rd Infantry Division soldier investigated an Iraqi family’s complaints that one of its sons was being secretly held.

When US troops raided the facility Sunday night, they expected to find at most 40 detainees, not 173 sickly men and boys, all Sunni Arabs. Iraqi officials have since confirmed that torture implements were also found there.

The revelation of torture of detainees at a secret interrogation center in Baghdad is likely to prove the tip of the iceberg if investigations are widened to look at the overall practices of Iraq’s security services, human rights advocates and some Iraqi politicians say.

But coming to grips with the problem will be difficult.

While Prime Minister Ibrahim al- Jaafari has promised that torture at the facility will be investigated and the perpetrators punished, the Interior Ministry, which controls the police and elite units like the Wolf and Volcano brigades, has been the target of widespread abuse allegations for more than a year.

Its paramilitaries largely draw from the members of Shiite militias like the Badr Brigade, which was formed and trained in Iran as opponents of Saddam Hussein’s Sunni-dominated regime, and their members have become deeply embedded in the ministry.

A real effort to clean out the ministry, say human rights workers and Sunni politicians, would require dismissals and arrests that seem unlikely given the country’s sectarian war.

“I hold the view that this case is in no way an anomaly,” says Sarah Leah Whitson, the director of Human Rights Watch’s Middle East division. “I wouldn’t be surprised if there were many other illegal detention centers either controlled by the Interior ministry or their unofficial agents, both in Baghdad and elsewhere.”

Ms. Whitson says abuse in Iraq is “an institutional problem” and her organization warned of the use of torture at the Interior Ministry in January of this year. Those charges, as now, prompted Prime Minister Jaafari and others to promise comprehensive action would be taken.

“It is leadership that determines whether or not torture takes place, whether people get fired or go on trial,” says Whitson, adding she isn’t aware of any recent arrests or dismissals of interior ministry officials for abuse. “The Iraqi leadership is responsible and they’ve failed.”

Sunni Arabs have been complaining for months to US officials and human rights organizations about torture and disappearances at the ministry. Months ago Sunni politicians like Ala Mekki alleged the Interior Ministry kept secret torture cells in its main compounds in Baghdad.

While the US has touted the human rights component of its police and military training in Iraq, history shows that respect for basic rights like freedom from torture and freedom from unlawful detention are severely eroded in war. US abuses at Abu Ghraib make this point.

And with Iraq’s legacy of brutal politics, limited oversight by the country’s weak courts, and general support for torture and execution by millions of Iraqis – frustrated and angered by an insurgency that kills many more civilians than soldiers – severe abuses were almost inevitable. The apparent pattern of torture in Iraq also leaves the US in a political bind.

“Human rights and the rule of law are central components of our relationship with Iraq and are key areas for US involvement and support,” says Justin Higgins, a State Department spokesman in Washington. “These are allegations of abuses by Iraqis against Iraqi in Iraqi facilities … we want to see them make progress and see them reach the standards that we hold other countries to. We’re counting on the Iraqis to conduct a thorough investigation.”

While the latest revelation won’t help matters among the Sunni Arab minority whose members feed the insurgency, it is being seen as simply the latest confirmation of what they have long thought was happening anyway.

“When the Shiites came into government they introduced their militias into the police forces,” alleges Mr. Mekki, on the political committee for the Iraqi Islamic Party, one of the main Sunni Arab groups. “It used to be just the Americans – you might get taken to Camp Bucca and eventually released if there was no evidence against you. But these people in police uniforms cut the story short: Abductions, torture with drills and pulled fingernails, bodies thrown into the street have become the norm.”

The Monitor met with more than a dozen Sunni families in Baghdad in September who alleged abuse and murder by Interior Ministry officials. Most of the dead were tortured.

Ammar Hamid Khalaf Muhammed Hummos related how his two brothers Hamid and Rafa were abducted by men in police uniforms on a street in Zafranaiyah, on the outskirts of Baghdad, this May, and how he later received word that the brothers were being held in the Shiite city of Kut, and that for $8,000 they’d be released.

The family didn’t come up with the money, and near tears he showed photos of his brothers’ badly mutilated bodies, which were recovered in a ditch near Kut. “Pulling their fingernails out wasn’t even the worst part.”

Walid Ahmed Abbas recalled how he and a car full of his relatives accidentally tangled with US forces at an American checkpoint in Baghdad in July, with three of his relatives killed. He was grazed by a bullet and left blind in one eye.

When more than 100 of his kinsmen from the Zaba tribe arrived at the An-Nur Hospital, the police decided they must be insurgents since their relatives had been shot by American troops. They arrested them, and locked most of them up in a container. Under the intense desert sun, 10 died.

“The Interior Minister said it was a mistake, that generally our police officers are well behaved, but we know otherwise. This all happened only because we’re Zaba and Sunni,” said Abbas.

But the most arresting interview was with a man who wanted only to identified as Abu Adhar. He was carried to the interview by four relatives. Injuries covered his face, back, and legs.

He was abducted and thrown into the back of a car while investigating charges of abuse by the Interior Ministry for a Sunni mosque where he leads prayers. After driving through at least five Iraqi police checkpoints, they arrived at a house. He said he was tortured for two days with electric shocks and whips. “Then their commander said they were done, and to take me out and kill me.”

Driving to a field where he expected to be shot, he managed to free his hands and escape when the car slowed. A farmer took him in and contacted his family.

“What’s really distressing is that we promised this would stop,” says Whitson of Human Rights Watch. “What’s different? What’s changed? The Iraqi people were promised something better.”

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Propaganda nightmare of chemical hypocrisy

HOW damaged is the US by the row over its use of white phosphorus in Fallujah last year? On the facts available now, it is within the letter of the law, even though it has not signed the most relevant protocol on the use of the weapon.

But that assertion depends on the US claim that there were few civilians left in Fallujah by the time the assault began last November. There is strong evidence to support the US position. But conflicting reports, inevitable in the circumstances, leave room for debate, and even more for rumour.

Even if the US is right on the legality, there is no question that it has inflicted a serious propaganda blow on itself. No matter the technical explanations of how useful the chemical is in flushing out insurgents from cellars. In using a weapon notorious in Vietnam, with effects on the human body straight from a science fiction film, it has given a gift to its enemies. It is now loudly accused of hypocrisy: justifying the war partly by Saddam Hussein’s use of chemical weapons, but then using particularly nasty ones itself.

Worse: the muddle of official denials, followed by an admission of use (in a limited sense), has fuelled those who disbelieve every American assertion.

The most directly applicable international law is Protocol III of the 1980 Convention on Conventional Weapons. Under this, the use of white phosphorus is prohibited as an incendiary weapon against civilian populations. It is also banned (with clear inspiration from Vietnam) in air attacks against military forces in civilian areas.

The US is not a signatory to Protocol III, although Britain and 80 other countries are. Defence Secretary John Reid said this week that British troops “do not use white phosphorus . . . for anything other than a smokescreen to protect our troops when in action”.

So the US has no problem arguing that it has broken no law to which it is a signatory. But it can also argue that it has not broken Protocol III — provided that its claim that civilians had left Fallujah before the attack started is right.

It strongly denies the claim by an Italian documentary that it used the weapon against civilians. It is true that it gave them clear warning over days, and an estimated 300,000 people did leave. But the US’s critics say that many remained.

The US is a signatory to the 1993 Chemical Weapons Convention, but denies that this covers white phosphorus.

The convention bans the use of any “toxic chemical” weapons that cause “death, harm or temporary incapacitation to humans or animals through their chemical action on life processes”. It says that the effect is incendiary, not chemical.

But even if it considers itself on firm legal ground, it has created a nightmare of public relations at the point when it is trying to court support in Europe and the Middle East.

Allegations of unusual weapons have been around since the assault. The US denied them, until internet bloggers unearthed personal accounts by the US military. On Tuesday Pentagon spokesman Lieutenant-Colonel Barry Venable said that the substance had been used as an “incendiary weapon against enemy combatants”, contradicting earlier statements by the London and Rome ambassadors, and the State Department website.

If there was anything that could make perceptions worse, it was the military slang of “shake and bake” attacks, phosphorus being the “bake” part.

It will take a lot of work by Karen Hughes, the President’s emissary, to improve the American image abroad, to make up for the incendiary effect on hearts and minds.

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Democrats Have Proof Pre-War Intel Was Manipulated

Democrats Have Proof Pre-War Intel Was Manipulated

    By Jason Leopold, TruthOut, Thursday, November 17, 2005

    Senate Democrats have dug up additional explosive evidence over the past week that they say will help prove the Bush administration deliberately manipulated pre-war Iraq intelligence that was used to convince Congress and the public to support a pre-emptive strike against the Middle East country in March of 2003.

    Specifically, Carl Levin, the senior Democrat who sits on the Senate Intelligence Committee, is interested in permanently debunking the administration’s assertion that it “mistakenly” included the 16-word reference in President Bush’s January 2003 State of the Union address claiming that Iraq tried to purchase yellowcake uranium – the key component to building an atomic bomb – from Niger. Levin’s aides said the administration knew months before that the veracity of the allegations was dubious because it was based on forged documents.

    Many critics of the war cite those 16 words in the State of the Union address as the silver bullet that convinced Congress and the American public to back the war against Iraq. The Niger uranium allegations are also at the heart of a federal probe into the outing of covert CIA agent Valerie Plame Wilson, whose husband, former Ambassador Joseph Wilson, was the envoy sent to Niger in February 2002 to investigate the uranium rumor and reported back to the CIA that there was no truth to it. The leak of Wilson’s wife’s identity and undercover CIA status was an attempt to muzzle Wilson, a vocal critic of the war, who had accused the Bush administration of citing the phony Niger uranium documents to dupe Congress into supporting the war.

    The probe has so far resulted in a five-count criminal indictment against I. Lewis “Scooter” Libby, Vice President Dick Cheney’s chief of staff, who resigned from his position last month following the indictment for lying to prosecutors about his role in the leak.

    Since Libby’s indictment, the Bush administration has launched a full-scale public relations campaign to shore up Bush’s sagging poll numbers. In doing so, senior officials at the White House and the National Security Council have publicly attacked Democratic critics of the war, as well as the bipartisan investigation into pre-war intelligence, claiming Democrats saw the exact same intelligence as those in the White House and voted in favor of military action.

    On Wednesday, Cheney called critics of the war “dishonest” and “reprehensible” and said Democrats accusing the Bush administration of manipulating intelligence were “opportunists.”

    But aides to Sen. Levin rebutted that, saying they have smoking-gun proof that they were lied to by Bush and Cheney about not only the existence of weapons of mass destruction but also claims that Iraq had tried to obtain yellowcake uranium from Niger.

    In building their case against the administration, Levin, with the help of Congressman Henry Waxman, D-Calif., has obtained the December 2002 letter sent to the White House and the National Security Council by Mohammed ElBaradei, the head of the International Atomic Energy Agency, warning that the Niger claims were bogus and should not be cited by the administration as evidence that Iraq was actively trying to obtain WMDs.

    Waxman had written ElBaradei in March 2003, inquiring about the Niger documents and the allegations that Iraq tried to purchase uranium there in order to determine if the Bush administration manipulated the intelligence it had relied upon. Waxman received a three-page response from ElBaradei on June 20, 2003, around the same time that Joseph Wilson had started to publicly question the Bush administration’s rationale for war and around the same time White House officials had disclosed his wife’s CIA status to a handful of reporters. Baradei’s response letter lays out in full detail the play-by-play in his attempt to get to the bottom of the Niger uranium story.

    ElBaradei said, when the Niger claims were included in the State Department fact sheet on the Iraqi threat in December 2002, “the IAEA asked the U.S. Government, through its Mission in Vienna, to provide any actionable information that would allow it to follow up with the countries involved, viz Niger and Iraq.” ElBaradei said he was assured that his letter was forwarded to the White House and to the National Security Council. ElBaradei added that he and his staff were suspicious about the Niger documents because it had long been rumored that documents pertaining to Iraq’s attempt to obtain uranium from Niger had been doctored.

    The evidence that Iraq sought to purchase uranium from an African country was first revealed by the British government on September 24, 2002, when Prime Minister Tony Blair released a 50-page report on Iraqi efforts to acquire weapons of mass destruction. This report ultimately became a significant part of the US case against Iraq.

    ElBaradei had said he repeatedly requested copies of the Niger documents prior to Bush’s State of the Union address but never received anything. When he finally did receive the documents – six weeks later – on February 4, 2003, a week after Bush’s State of the Union address, his suspicions turned out to be on the money. He was the person who first revealed that the Niger documents cited by the Bush administration to win support for the war were crude forgeries.

    ElBaradei told Waxman that the White House had turned over the Niger material “without qualification” and provided no specific comments on whether US intelligence considered the documents to be authentic.

    In conversations and correspondence with Waxman, ElBaradei said he personally had tried to contact Stephen Hadley, then Deputy National Security Adviser, and aides to former Secretary of State Colin Powell, warning them not to rely on the Niger documents as evidence of the Iraqi threat, but was continuously rebuffed. He said the White House officials pledged to cooperate with United Nations inspectors but repeatedly withheld evidence from them.

    Cheney did the rounds on the cable news outlets, and tried to discredit ElBaradei’s conclusion that the documents were forged.

    “I think Mr. ElBaradei frankly is wrong,” Cheney said. “[The IAEA] has consistently underestimated or missed what it was Saddam Hussein was doing. I don’t have any reason to believe they’re any more valid this time than they’ve been in the past.”

    Four months later, Hadley, as well as former CIA Director George Tenet, took responsibility for allowing the Niger uranium claims to be included in Bush’s speech. Aides to Levin said that when the bipartisan investigation is complete there will be ample proof that the Bush administration, specifically, Hadley, Cheney, and other top officials, knowingly manipulated intelligence to fit their agenda in launching a war.

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Senate votes to limit detainees’ access to courts

The Senate voted overwhelmingly Tuesday to limit the rights of detainees in the Guantanamo Bay prison camp to sue in federal court, putting more pressure on the Bush administration to accept a ban it opposes on the abusive treatment of prisoners.

In passing the final version of a defense-policy bill, the Senate coupled the limits for the 500-plus Guantanamo prisoners with a measure prohibiting “cruel, inhuman and degrading” treatment of all prisoners in U.S. custody.

The administration has opposed the ban, sponsored by Sen. John McCain, R-Ariz., and has threatened to veto it. Vice President Dick Cheney has sought an exemption from the ban for the CIA so its agents can use harsh interrogation tactics on suspected terrorists.

“This is a package deal,” said Sen. Lindsey Graham, R-S.C., who said his measure, approved 84-14, would end legal confusion at Guantanamo and establish new, tight rules on interrogation in the war on terrorism.

“This is a war of values, and we can win without sacrificing our values,” Graham said.

A White House spokesman, Blair Jones, said the administration would work with the House of Representatives and the Senate on the bill, but wouldn’t comment on either the Graham or McCain proposal. Last Friday, a different White House spokesman had voiced support for the Graham move.

The measure the Senate approved Tuesday was less restrictive of detainees’ rights than Graham’s original version, which had been adopted last week, though it still takes away rights that the Supreme Court granted to the prisoners in June 2004.

Graham wanted to block all access to federal courts for Guantanamo prisoners, many of whom have been held almost four years without charges. The final version – a compromise that Graham worked out with Sen. Carl Levin, D-Mich. – said appeals could be filed with the U.S. Court of Appeals in Washington to challenge the “standards and procedure” used to declare a detainee an enemy combatant.

The Senate bill also would allow any Guantanamo prisoner who’s convicted in a military trial to appeal to the Court of Appeals in Washington. So far, only nine prisoners at Guantanamo have been charged with war crimes.

Constitutional experts said the Senate bill, if it became law, might create more confusion and litigation. The Supreme Court decided last week to review a challenge to a military trial, based on habeas corpus statutes, and the Senate bill could halt that.

“There is a great deal of ambiguity and uncertainty in what they did, and I would not predict how the courts will decide this,” said Scott Silliman, the director of the Center on Law, Ethics and National Security at Duke University.

Lawyers for detainees denounced the Senate action, but others who usually are critical of detainee policy, including the American Civil Liberties Union, were more measured in their response. The ACLU called the Graham-Levin measure “an improvement” over Graham’s original amendment because it restored “minimal due process.”

Eugene Fidell, the president of the National Institute of Military Justice, said the final version of Graham’s proposal “at least provides some judicial review.”

“It is particularly disturbing that this legislation was enacted stealthily and without any meaningful deliberation,” said lawyers for the Center for Constitutional Rights, which initiated the first challenges to Guantanamo detentions.

Silliman said the Senate’s action showed that four years after the Sept. 11 terrorist attacks, Congress finally was willing to tackle the difficult issues of detention and interrogation.

“For the first time, they are challenging the executive in an area where the president had complete control,” Silliman said.

If the House accepts the Senate version of the $492 billion bill, the Bush administration would face the choice of signing the bill or vetoing it. The House bill has no detainee provisions.

The Senate vote Tuesday was hastily arranged and confusing to many members. Legal experts said the provision allowing limited access to the appellate court was vague and ambiguous.

The speed with which the proposal was prepared sparked an acrimonious exchange between Graham and his fellow Republican Sen. Arlen Specter of Pennsylvania, the chairman of the Judiciary Committee, who called the proposal “blatant court-stripping, taking away the jurisdiction of the Supreme Court and setting a very bad precedent.”

The Graham-Levin compromise was approved after the Senate rejected 54-44 an amendment by Sen. Jeff Bingaman, D-N.M., to keep the habeas corpus protections at Guantanamo.

At a news conference after the vote, Levin said the Senate measure wouldn’t affect pending habeas corpus cases.

Almost 300 detainees – most of them captured in Afghanistan and Pakistan – have filed petitions in federal district court in Washington challenging their imprisonment and their designation as enemy combatants.

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Cheney’s Torture Policy Hughes’ Worst Nightmare

As Karen Hughes goes about her urgent job of trying to repair America’s disastrously debased image throughout the world – especially the Muslim world – she is being undercut by what has become her mission’s worst nightmare. Dick Cheney.

The vice president’s steely hand and hard-line handiwork are making it impossible for the Bush-Cheney administration’s undersecretary of state for public diplomacy to succeed in her prime mission – winning hearts and minds in the Muslim world. It happens, of course, mainly behind closed doors in the West Wing, the Pentagon and on Capitol Hill.

The latest is something that once would have been unthinkable as a policy of the United States: The officially sanctioned abuse and inhumane treatment of some prisoners or suspects in the war on terror.

Cheney mounted a major effort to defeat an amendment to the defense spending bill that merely adopted as U.S. policy the standard Geneva Convention language prohibiting the treatment of terrorist prisoners or suspects in “cruel,” “humiliating” and “degrading” ways. The amendment was introduced by Sen. John McCain, R-Ariz., a Navy hero in the Vietnam War who was among the many Americans who were beaten, abused and tortured as prisoners of war.

After the Senate adopted the amendment by a vote of 90-9, Cheney began urging Republican senators to at least add a loophole that would exempt operatives of the CIA from that policy. In other words, America’s veep would have America tell the world that it is OK for certain U.S. personnel to treat prisoners and suspects in ways that are “cruel,” “humiliating” and “degrading” – as long as the U.S. personnel draw paychecks from the appropriate pocket of the U.S. bureaucracy. In this case, the CIA.

It is enough to sadden the hearts and boggle the minds of Americans who remember when the world recoiled at horrific tales of Japanese and German torture of prisoners in World War II – and North Vietnamese abuses of U.S. captives (including McCain) in the prison known as the Hanoi Hilton.

That is why prominent Republican senators recoiled from Cheney’s effort. House Republican leaders bowed to the veep, delaying a vote on the bill, but advised the measure is likely to pass.

Now think about the hearts and minds in the Arab world and the effect Cheney’s policy will have on them. One day, Muslims see pictures of inhumane abuse by U.S. military personnel at Abu Ghraib and accounts of abuses at Guantanamo Bay, Cuba. Next, they hear Bush officials assuring that torture and abuse is not U.S. policy. Now comes pleading for a loophole that can only mean it is policy.

Which brings us to Karen Hughes. Before President Bush asked his close confidant to return from the private sector to take the job, a Government Accountability Office report had warned that “recent polling data show that anti-Americanism is spreading and deepening around the world. … Such anti-American sentiments can increase foreign public support for terrorism directed at Americans, impact the cost and effectiveness of military operations, weaken the United States’ ability to align with other nations in pursuit of common policy objectives, and dampen foreign publics’ enthusiasm for U.S. business services and products.”

No wonder a prominent administration figure promptly hailed Hughes’ appointment by noting that public diplomacy “has been a very weak part of our arsenal … (but) having Karen Hughes over there … gives us the best combination of people (to) actively and aggressively address those issues.” That designated hailer-in-chief was Cheney.

This just in: The New York Times reported Tuesday that the Army field manual has been revised to tighten controls over the questioning of suspected terrorists. But not all is clear. The new manual says CIA interrogators will follow Pentagon guidelines in interrogating “military prisoners.” But the Bush administration also maintains that terrorist suspects are not military prisoners.

On Monday, Bush issued a ringing declaration: “We do not torture.” It was followed by a wiggling explanation: “Our country is at war and our government has the obligation to protect the American people. Anything we do to that end, in that effort, any activity we conduct, is within the law.”

Meanwhile, Cheney is keeping his hard-line hand in it, struggling to bend the law and the definitions just enough to give CIA operatives room to do their unspoken, undefined thing. If Cheney succeeds, there will be pictures of those unspoken/undefined acts and the revelations will rocket around the world and be recycled 24/7 on Arab television.

Which is to say that if Cheney succeeds, Hughes fails. And America will be forever enshrined in the worst of all ways within millions of hearts and minds around the world.

Martin Schram writes political analysis for Scripps Howard News Service.

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War Without Rules

War Without Rules — Yes, the US has used chemical weapons

By George Monbiot. Published in the Guardian 15th November 2005

Did US troops use chemical weapons in Falluja? The answer is yes. The proof is not to be found in the documentary broadcast on Italian TV last week, which has generated gigabytes of hype on the internet. It’s a turkey, whose evidence that white phosphorus was fired at Iraqi troops is flimsy and circumstantial(1). But the bloggers debating it found the smoking gun.

The first account they unearthed comes from a magazine published by the US Army. In the March 2005 edition of Field Artillery, officers from the 2nd Infantry’s Fire Support Element boast about their role in the attack on Falluja in November last year. On page 26 is the following text. “White Phosphorous. WP proved to be an effective and versatile munition. We used it for screening missions at two breeches and, later in the fight, as a potent psychological weapon against the insurgents in trench lines and spider holes when we could not get effects on them with HE [high explosives]. We fired “shake and bake” missions at the insurgents, using WP to flush them out and HE to take them out.”(2)

The second comes from a report in California’s North County Times, by a staff reporter embedded with the Marines during the siege of Falluja in April 2004. “”Gun up!” Millikin yelled …, grabbing a white phosphorus round from a nearby ammo can and holding it over the tube. “Fire!” Bogert yelled, as Millikin dropped it. The boom kicked dust around the pit as they ran through the drill again and again, sending a mixture of burning white phosphorus and high explosives they call “shake ‘n’ bake” into a cluster of buildings where insurgents have been spotted all week.”(3)

White phosporus is not listed in the shedules of the Chemical Weapons Convention. It can be legally used as a flare to illuminate the battlefield, or to produce smoke to hide troop movements from the enemy. Like other unlisted substances, it may be deployed for “Military purposes … not dependent on the use of the toxic properties of chemicals as a method of warfare”(4). But it becomes a chemical weapon as soon as it is used directly against people. A chemical weapon can be “any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm”(5).

White phosphorus is fat-soluble and burns spontaneously on contact with the air. According to globalsecurity.org, “The burns usually are multiple, deep, and variable in size. The solid in the eye produces severe injury. The particles continue to burn unless deprived of atmospheric oxygen. … If service members are hit by pieces of white phosphorus, it could burn right down to the bone.”(6) As it oxidises, it produces a smoke composed of phosphorous pentoxide. According to the standard US industrial safety sheet, the smoke “releases heat on contact with moisture and will burn mucous surfaces. … Contact with substance can cause severe eye burns and permanent damage.”(7)

Until last week, the US State Department maintained that US forces used white phosphorus shells “very sparingly in Fallujah, for illumination purposes. They were fired into the air to illuminate enemy positions at night, not at enemy fighters.”(8) Confronted with the new evidence, on Thursday it changed its position. “We have learned that some of the information we were provided … is incorrect. White phosphorous shells, which produce smoke, were used in Fallujah not for illumination but for screening purposes, i.e., obscuring troop movements and, according to … Field Artillery magazine, ‘as a potent psychological weapon against the insurgents in trench lines and spider holes ….’ The article states that U.S. forces used white phosphorous rounds to flush out enemy fighters so that they could then be killed with high explosive rounds.”(9) The US government, in other words, appears to admit that white phosphorus was used in Falluja as a chemical weapon.

The invaders have been forced into a similar climbdown over the use of napalm in Iraq. In December 2004, the Labour MP Alice Mahon asked the British armed forces minister Adam Ingram “whether napalm or a similar substance has been used by the Coalition in Iraq (a) during and (b) since the war”. “No napalm,” the minister replied, “has been used by Coalition forces in Iraq either during the war-fighting phase or since.”(10)

This seemed odd to those who had been paying attention. There were widespread reports that in March 2003 US Marines had dropped incendiary bombs around the bridges over the Tigris and the Saddam Canal on the way to Baghdad. The commander of Marine Air Group 11 admitted that “We napalmed both those approaches”(11). Embedded journalists reported that napalm was dropped at Safwan Hill on the border with Kuwait(12). In August 2003 the Pentagon confirmed that the Marines had dropped “Mark 77 firebombs.” Though the substance they contained was not napalm, its function, the Pentagon’s information sheet said, was “remarkably similar”(13). While napalm is made from petrol and polystyrene, the gel in the Mark 77 is made from kerosene and polystyrene. I doubt it makes much difference to the people it lands on.

So in January this year, the MP Harry Cohen refined Alice Mahon’s question. He asked “whether Mark 77 firebombs have been used by Coalition forces”. “The United States,” the minister replied “have confirmed to us that they have not used Mark 77 firebombs, which are essentially napalm canisters, in Iraq at any time.”(14) The US government had lied to him. Mr Ingram had to retract his statements in a private letter to the MPs in June(15).

We were told that the war with Iraq was necessary for two reasons. Saddam Hussein possessed biological and chemical weapons and might one day use them against another nation. And the Iraqi people needed to be liberated from his oppressive regime, which had, among its other crimes, used chemical weapons to kill them. Tony Blair, Colin Powell, William Shawcross, David Aaronovitch, Nick Cohen, Ann Clwyd and many others referred, in making their case, to Saddam’s gassing of the Kurds in Halabja in 1988. They accused those who opposed the war of caring nothing for the welfare of the Iraqis.

Given that they care so much, why has none of these hawks spoken out against the use of unconventional weapons by coalition forces? Ann Clwyd, the Labour MP who turned from peace campaigner to chief apologist for an illegal war, is, as far as I can discover, the only one of these armchair warriors to engage with the issue. In May this year, she wrote to the Guardian to assure us that reports that a “modern form of napalm” has been used by US forces “are completely without foundation. Coalition forces have not used napalm – either during operations in Falluja, or at any other time.”(16) How did she know? The foreign office minister told her. Before the invasion, Ann Clwyd travelled through Iraq to investigate Saddam’s crimes against his people. She told the Commons that what she had discovered moved her to tears. After the invasion, she took the minister’s word at face value, when a thirty-second search on the internet could have told her it was bunkum. It makes you wonder whether she, or any of the other enthusiasts for war, really gave a damn about the people for whom they claimed to be campaigning.

Saddam Hussein, facing a possible death sentence, is accused of mass murder, torture, false imprisonment, the embezzlement of billions and the use of chemical weapons. He is certainly guilty on all counts. So, it now seems, are the people who overthrew him.

www.monbiot.com

References:

1. You can watch the film at http://www.rainews24.rai.it/ran24/inchiesta/video.asp

2. Captain James T. Cobb, First Lieutenant Christopher A. LaCour and Sergeant First Class William H. Hight, March 2005. TF 2-2 in FSE AAR: Indirect Fires in the Battle of Fallujah. Field Artillery, March-April 2005.

3. Darrin Mortenson, 10th April 2004. Violence subsides for Marines in Fallujah. North County Times.
http://www.nctimes.com/articles/2004/04/11/military/iraq/19_30_504_10_04.txt

4. Article 2.9©. Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction. The Organisation for the Prohibition of Chemical Weapons.

5. Article 2.2.

6. http://www.globalsecurity.org/military/systems/munitions/wp.htm

7. Mallinckrodt Baker, Inc., 2nd November 2001. Material Safety Data Sheet: Phosphorus Pentoxide. http://164.107.52.42/MSDS/P/phosphorous{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d}20pentoxide.pdf

8. US State Department, viewed 9th November 2005. Did the U.S. Use “Illegal” Weapons in Fallujah? http://usinfo.state.gov/media/Archive_Index/Illegal_Weapons_in_Fallujah.html

9. US State Department, viewed 14th November 2005. Did the U.S. Use “Illegal” Weapons in Fallujah? http://usinfo.state.gov/media/Archive_Index/Illegal_Weapons_in_Fallujah.html

10. Adam Ingram, 6th December 2004. Written Answer. Hansard Column 339W, 201991.
http://www.publications.parliament.uk/pa/cm200405/cmhansrd/cm041206/text/41206w19.htm

11. Colonel Randolph Alles, quoted by James W. Crawley, 5th August 2003. Officials confirm dropping firebombs on Iraqi troops. San Diego Union-Tribune. http://www.signonsandiego.com/news/military/20030805-9999_1n5bomb.html

12. Eg Martin Savidge, 22nd March 2003. Protecting Iraq’s oil supply. CNN.
http://edition.cnn.com/2003/WORLD/meast/03/21/otsc.irq.savidge/

13. James W. Crawley, 5th August 2003. Officials confirm dropping firebombs on Iraqi troops. San Diego Union-Tribune. http://www.signonsandiego.com/news/military/20030805-9999_1n5bomb.html

14. Adam Ingram, 11th January 2005. Written Answer. Hansard Column 374W, 207246. http://www.publications.parliament.uk/pa/cm200405/cmhansrd/cm050111/text/50111w01.htm#50111w01.html_sbhd3

15. Colin Brown, 17th June 2005. US lied to Britain over use of napalm in Iraq war. The Independent.

16. Ann Clwyd, 2nd May 2005. Letter to The Guardian.

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Decoding Mr. Bush’s Denials

Decoding Mr. Bush’s Denials

To avoid having to account for his administration’s misleading statements before the war with Iraq, President Bush has tried denial, saying he did not skew the intelligence. He’s tried to share the blame, claiming that Congress had the same intelligence he had, as well as President Bill Clinton. He’s tried to pass the buck and blame the C.I.A. Lately, he’s gone on the attack, accusing Democrats in Congress of aiding the terrorists.

Yesterday in Alaska, Mr. Bush trotted out the same tedious deflection on Iraq that he usually attempts when his back is against the wall: he claims that questioning his actions three years ago is a betrayal of the troops in battle today.

It all amounts to one energetic effort at avoidance. But like the W.M.D. reports that started the whole thing, the only problem is that none of it has been true.

Mr. Bush says everyone had the same intelligence he had – Mr. Clinton and his advisers, foreign governments, and members of Congress – and that all of them reached the same conclusions. The only part that is true is that Mr. Bush was working off the same intelligence Mr. Clinton had. But that is scary, not reassuring. The reports about Saddam Hussein’s weapons were old, some more than 10 years old. Nothing was fresher than about five years, except reports that later proved to be fanciful.

Foreign intelligence services did not have full access to American intelligence. But some had dissenting opinions that were ignored or not shown to top American officials. Congress had nothing close to the president’s access to intelligence. The National Intelligence Estimate presented to Congress a few days before the vote on war was sanitized to remove dissent and make conjecture seem like fact.

It’s hard to imagine what Mr. Bush means when he says everyone reached the same conclusion. There was indeed a widespread belief that Iraq had chemical and biological weapons. But Mr. Clinton looked at the data and concluded that inspections and pressure were working – a view we now know was accurate. France, Russia and Germany said war was not justified. Even Britain admitted later that there had been no new evidence about Iraq, just new politics.

The administration had little company in saying that Iraq was actively trying to build a nuclear weapon. The evidence for this claim was a dubious report about an attempt in 1999 to buy uranium from Niger, later shown to be false, and the infamous aluminum tubes story. That was dismissed at the time by analysts with real expertise.

The Bush administration was also alone in making the absurd claim that Iraq was in league with Al Qaeda and somehow connected to the 9/11 terrorist attacks. That was based on two false tales. One was the supposed trip to Prague by Mohamed Atta, a report that was disputed before the war and came from an unreliable drunk. The other was that Iraq trained Qaeda members in the use of chemical and biological weapons. Before the war, the Defense Intelligence Agency concluded that this was a deliberate fabrication by an informer.

Mr. Bush has said in recent days that the first phase of the Senate Intelligence Committee’s investigation on Iraq found no evidence of political pressure to change the intelligence. That is true only in the very narrow way the Republicans on the committee insisted on defining pressure: as direct pressure from senior officials to change intelligence. Instead, the Bush administration made what it wanted to hear crystal clear and kept sending reports back to be redone until it got those answers.

Richard Kerr, a former deputy director of central intelligence, said in 2003 that there was “significant pressure on the intelligence community to find evidence that supported a connection” between Iraq and Al Qaeda. The C.I.A. ombudsman told the Senate Intelligence Committee that the administration’s “hammering” on Iraq intelligence was harder than he had seen in his 32 years at the agency.

Mr. Bush and other administration officials say they faithfully reported what they had read. But Vice President Dick Cheney presented the Prague meeting as a fact when even the most supportive analysts considered it highly dubious. The administration has still not acknowledged that tales of Iraq coaching Al Qaeda on chemical warfare were considered false, even at the time they were circulated.

Mr. Cheney was not alone. Remember Condoleezza Rice’s infamous “mushroom cloud” comment? And Secretary of State Colin Powell in January 2003, when the rich and powerful met in Davos, Switzerland, and he said, “Why is Iraq still trying to procure uranium and the special equipment needed to transform it into material for nuclear weapons?” Mr. Powell ought to have known the report on “special equipment”‘ – the aluminum tubes – was false. And the uranium story was four years old.

The president and his top advisers may very well have sincerely believed that Iraq had weapons of mass destruction. But they did not allow the American people, or even Congress, to have the information necessary to make reasoned judgments of their own. It’s obvious that the Bush administration misled Americans about Mr. Hussein’s weapons and his terrorist connections. We need to know how that happened and why.

Mr. Bush said last Friday that he welcomed debate, even in a time of war, but that “it is deeply irresponsible to rewrite the history of how that war began.” We agree, but it is Mr. Bush and his team who are rewriting history.

 

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CIA ‘covered up’ evidence of torture

CIA interrogators tried to cover up the death of an Iraqi man who died while being interrogated at Abu Ghraib prison, Time magazine has reported, after obtaining hundreds of pages of documents, including an autopsy report, about the case.

The death of secret detainee Manadel al-Jamadi was ruled a homicide in a Defence Department autopsy, Time reported, adding that documents it recently obtained included photographs of his battered body, which had been kept on ice to keep it from decomposing, apparently to conceal the circumstances of his death.

The details about his death emerge as US officials continue to debate congressional legislation to ban torture of foreign detainees by US troops overseas, and efforts by the George W. Bush administration to obtain an exemption for the CIA from any future torture ban.

Jamadi was abducted by US Navy Seals on November 4, 2003, on suspicion of posessing explosives and involvement in the bombing of a Red Cross centre in Baghdad that killed 12 people, and was placed in Abu Ghraib as an unregistered detainee.

After some 90 minutes of interrogation by CIA officials, he died of “blunt force injuries” and “asphyxiation,” according to the autopsy documents obtained by Time.

A forensic scientist who later reviewed the autopsy report told Time that the most likely cause of Jamadi’s death was suffocation, which would have occurred when an empty sandbag was placed over his head while his arms were secured up and behind his back, in a crucifixion-like pose.

Blood was mopped up with a chlorine solution before the interrogation scene could be examined by an investigator, Time wrote, adding that after Jamadi’s death, a bloodstained hood that had covered his head had disappeared.

Photos of grinning US soldiers crouching over Jamadi’s corpse were among the disturbing images that emerged from the Abu Ghraib prison scandal in 2004, prompting international outrage and internal US military investigations.

Last week, the New Yorker magazine reported that the US government’s policies on interrogating terrorist suspects may preclude the prosecution of CIA agents who commit abuses or even kill detainees, and said the CIA had been implicated in the death of at least four detainees.

Mark Swanner, the CIA agent who interrogated Jamadi, has not been charged with a crime and continues to work for the agency, told investigators that he did not harm Jamadi, Time wrote.

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Asterisks Dot White House’s Iraq Argument

President Bush and his national security adviser have answered critics of the Iraq war in recent days with a two-pronged argument: that Congress saw the same intelligence the administration did before the war, and that independent commissions have determined that the administration did not misrepresent the intelligence.

Neither assertion is wholly accurate.

The administration’s overarching point is true: Intelligence agencies overwhelmingly believed that Saddam Hussein had weapons of mass destruction, and very few members of Congress from either party were skeptical about this belief before the war began in 2003. Indeed, top lawmakers in both parties were emphatic and certain in their public statements.

But Bush and his aides had access to much more voluminous intelligence information than did lawmakers, who were dependent on the administration to provide the material. And the commissions cited by officials, though concluding that the administration did not pressure intelligence analysts to change their conclusions, were not authorized to determine whether the administration exaggerated or distorted those conclusions.

National security adviser Stephen J. Hadley, briefing reporters Thursday, countered “the notion that somehow this administration manipulated the intelligence.” He said that “those people who have looked at that issue, some committees on the Hill in Congress, and also the Silberman-Robb Commission, have concluded it did not happen.”

But the only committee investigating the matter in Congress, the Senate Select Committee on Intelligence, has not yet done its inquiry into whether officials mischaracterized intelligence by omitting caveats and dissenting opinions. And Judge Laurence H. Silberman, chairman of Bush’s commission on weapons of mass destruction, said in releasing his report on March 31, 2005: “Our executive order did not direct us to deal with the use of intelligence by policymakers, and all of us were agreed that that was not part of our inquiry.”

Bush, in Pennsylvania yesterday, was more precise, but he still implied that it had been proved that the administration did not manipulate intelligence, saying that those who suggest the administration “manipulated the intelligence” are “fully aware that a bipartisan Senate investigation found no evidence of political pressure to change the intelligence community’s judgments.”

In the same speech, Bush asserted that “more than 100 Democrats in the House and the Senate, who had access to the same intelligence, voted to support removing Saddam Hussein from power.” Giving a preview of Bush’s speech, Hadley had said that “we all looked at the same intelligence.”

But Bush does not share his most sensitive intelligence, such as the President’s Daily Brief, with lawmakers. Also, the National Intelligence Estimate summarizing the intelligence community’s views about the threat from Iraq was given to Congress just days before the vote to authorize the use of force in that country.

In addition, there were doubts within the intelligence community not included in the NIE. And even the doubts expressed in the NIE could not be used publicly by members of Congress because the classified information had not been cleared for release. For example, the NIE view that Hussein would not use weapons of mass destruction against the United States or turn them over to terrorists unless backed into a corner was cleared for public use only a day before the Senate vote.

The lawmakers are partly to blame for their ignorance. Congress was entitled to view the 92-page National Intelligence Estimate about Iraq before the October 2002 vote. But, as The Washington Post reported last year, no more than six senators and a handful of House members read beyond the five-page executive summary.

Even within the Bush administration, not everybody consistently viewed Iraq as what Hadley called “an enormous threat.” In a news conference in February 2001 in Egypt, then-Secretary of State Colin L. Powell said of the economic sanctions against Hussein’s Iraq: “Frankly, they have worked. He has not developed any significant capability with respect to weapons of mass destruction.”

Bush, in his speech Friday, said that “it is deeply irresponsible to rewrite the history of how that war began.” But in trying to set the record straight, he asserted: “When I made the decision to remove Saddam Hussein from power, Congress approved it with strong bipartisan support.”

The October 2002 joint resolution authorized the use of force in Iraq, but it did not directly mention the removal of Hussein from power.

The resolution voiced support for diplomatic efforts to enforce “all relevant Security Council resolutions,” and for using the armed forces to enforce the resolutions and defend “against the continuing threat posed by Iraq.”

Hadley, in his remarks, went further. “Congress, in 1998, authorized, in fact, the use of force based on that intelligence,” he said. “And, as you know, the Clinton administration took some action.”

But the 1998 legislation gave the president authority “to support efforts to remove the regime of Saddam Hussein” by providing assistance to Iraqi opposition groups, including arms, humanitarian aid and broadcasting facilities.

President Bill Clinton ordered four days of bombing of Iraqi weapons facilities in 1998, under the 1991 resolution authorizing military force in response to Iraq’s invasion of Kuwait. Describing that event in an interview with CBS News yesterday, Secretary of State Condoleezza Rice said: “We went to war in 1998 because of concerns about his weapons of mass destruction.”

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Senate demands report on “CIA prisons”

The U.S. Senate demanded a classified account on Thursday of whether the CIA was running a secret prison system as it debated a bill that would regulate the Bush administration’s treatment of military detainees.

The call was made following a newspaper report of such a prison network abroad, including facilities in Eastern Europe, that added to concerns in America and overseas about the fate of those held in the U.S.-declared war on terrorism.

Senators also moved to deny detainees at the U.S. Guantanamo Bay prison the right to challenge their detentions with habeas corpus petitions in federal court, a step critics said could undermine efforts to secure their humane treatment.

Lawmakers said they could revisit the Guantanamo issue next week when they hope to complete a $491.6 billion package of defense and nuclear weapons programs.

The White House has threatened to veto the legislation because of an attached measure requiring humane treatment of terrorism suspects and setting rules for their interrogation.

The Senate voted 82-9 for director of National Intelligence John Negroponte to provide Congress’ intelligence committees with a classified “full accounting” on any clandestine prison or detention facility run by the U.S. government at any location where terrorism suspects were being held.

The Washington Post reported last week that the CIA had been holding and interrogating al Qaeda captives at secret facilities in Eastern Europe, part of a global covert prison system established after the September 11, 2001, attacks.

Sen. John Kerry, a Massachusetts Democrat, said most lawmakers learned about the covert prisons from the newspaper and said his amendment was to “reassert congressional oversight.”

The administration has not publicly confirmed or denied the newspaper’s account and the House of Representatives said on Thursday it would investigate that disclosure and a number of other recent leaks of national security information.

Voting 49-42, senators backed an amendment to stem the court challenges from terrorism suspects at the U.S. prison at Guantanamo Bay, Cuba.

Republican Sen. Lindsey Graham (news, bio, voting record) argued that prisoners of war “have never had access to federal courts before.” He said the detainees mostly picked up in Afghanistan were clogging courts with challenges ranging from disputing the legality of their detention to the quality of their food.

The vote came just days after the U.S. Supreme Court said it would decide whether Bush has the power to create military tribunals to put Guantanamo prisoners on trial for war crimes.

Several senators, including Judiciary Committee chairman Arlen Specter, a Pennsylvania Republican, argued that the habeas corpus change should be weighed more carefully.

Christopher Anders of the American Civil Liberties Union said with the amendment, “persons held at Guantanamo Bay would have no access to the courts to seek protection against government-funded torture, abuse or due-process violations.”

Defying the White House, the Senate has included regulations for treatment of military detainees in both this bill authorizing defense programs and a must-pass bill to fund the Pentagon and provide another $50 billion for the Iraq and Afghanistan wars.

The House of Representatives did not include the detainee rules in their versions of the bills, and the issue is expected to be fought out in House-Senate conferences.

Vice President Dick Cheney has worked behind the scenes to press Congress to exempt the CIA if it imposes detainee rules, arguing restrictions would impede efforts to get information to block acts of terrorism.

Democrats and a number of Republicans have rejected Cheney’s plan, saying it would be seen as a license for the CIA to engage in torture.

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