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geneva conventions
The Seeds of Trump’s Lawlessness Were Sown by the War on Terror
Much (though admittedly, not all) of what we’re witnessing today might simply be considered an escalation of the dire turn that this country took after the attacks of September 11, 2001.
Dec 22, 2024
Post-election America finds itself in a panic. Voices from across a wide political spectrum warn that the country stands on the precipice of a potentially unprecedented and chaotic disregard for the laws, norms, and policies upon which its stability and security have traditionally relied. Some fear that the “new” president, Donald Trump, is likely to declare a national emergency and invoke the Insurrection Act, unleashing the U.S. military for mass deportations of undocumented immigrants and for “retribution against” the “enemy from within” as well as “radical left lunatics.” As the New Republic‘s editor Michael Tomasky notes, writing about the nomination of Kash Patel for the post of director of the FBI, “We’re entering a world where the rule of law is turned inside out.”
The blame game for such doomsday fears ranges far and wide. Many pinpoint the Supreme Court’s 2023 decision to grant immunity to presidents for their core official acts, essentially removing any restraints on Trump’s agenda of retribution and revenge. Some, like Democratic Senators Elizabeth Warren and Richard Blumenthal, see loopholes in the law as the basis for their concern about the future and are urging Congress to pass legislation that will place additional constraints on the deployment of the military on American soil. Others argue that the Constitution itself is the problem. In his new book, No Democracy Lasts Forever: How the Constitution Threatens the United States, Berkeley Law School Dean Erwin Chemerinsky even suggests that it may be time for a new constitution.
If only, as a nation, we could look beyond the tumultuous context of the current moment and imagine how to make our way to a safer, more sustainable future.
But those involved in the fear and blame game might do well to take a step back and reflect for a moment on how we got here. Today’s crisis has been evolving for so many years now. In fact, much (though admittedly, not all) of what we’re witnessing today might simply be considered an escalation of the dire turn that this country took after the attacks of September 11, 2001, nearly a quarter of a century ago.
“Quaint” and “Obsolete”
It was January 2002 when White House Counsel Alberto Gonzales used the two words “quaint and obsolete,” whose echoes remain eerily with us to this very day (and seemingly beyond). The occasion was a debate taking place at the highest levels of the administration of President George W. Bush in the aftermath of the 9/11 attacks. By then, this country had invaded Afghanistan and authorized the opening of a new detention center at Guantánamo Bay, Cuba, ominously offshore of American justice, for captives of what already was being called the Global War on Terror. Two weeks after the first prisoners arrived at that prison camp on January 11, administration officials were already wondering which, if any, laws should apply when it came to the treatment of such prisoners.
Gonzales, who was to become the attorney general in Bush’s second term, laid out the options for the president. At issue was whether the Geneva Conventions—a set of treaties established in the wake of the atrocities of the Second World War—applied to the United States in its treatment of any prisoners from its war on terror.
In a memo to President Bush, Gonzales noted that Department of Justice lawyers had already concluded, when it came to al Qaeda and Taliban (Afghan insurgents in 2001, now in charge of the country) captives, the answer was no. Gonzales agreed, stating that “the war against terrorism is a new kind of war.” The laws of war, he told the president, were “obsolete” in the current context, and the laws and norms requiring humane treatment for enemy prisoners had been “render[ed] quaint,” given this new kind of war. Accordingly, the Bush administration took the position that the Geneva Conventions did not apply to the prisoners they had already captured. As a result, in the years to come, the indefinite and arbitrary detention of about 780 men would be institutionalized and disregard for the law would become a regular, if secret, part of the war on terror—an approach that would lead to the practice of torture at what came to be known as CIA “black sites” globally.
Nor would that be the only situation in which old laws were deemed outdated on national security grounds.
The Wider Framework
At the heart of such a rejection of the law was the determination that the president had primary, if not ultimate, authority when it came to national security. As Princeton historian Julian Zelizer has put it, top Bush administration officials “claimed that executive power was essential to fighting the war.” Members of Congress generally agreed and facilitated the shift to ever more solitary executive power in the name of war, setting a template for yielding some of its constitutional and statutory powers in matters of war to the president. One week after 9/11, Congress passed an Authorization for the Use of Military Force (AUMF) that granted the president the power “to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons.”
Subsequently, other laws were bent, bypassed, or even broken in the name of keeping the nation safe. Congress also further enhanced the powers of the executive by passing the USA Patriot Act which, among other things, weakened the Fourth Amendment’s protections against the surveillance of American citizens. Prior to 9/11, such protections had remained strong. After 9/11, as Brown’s Costs of War Project reports, “These mass surveillance programs allow[ed] the U.S. government to warrantlessly and ‘incidentally’ vacuum up Americans’ communications, metadata and content, and store their information in data centers and repositories,” sacrificing standing protections in the name of greater security.
Nor would that be the end of the matter. In the name of national security, the country’s law enforcement entities would also turn their backs on prohibitions against discrimination based on race, religion, or national origin as laid out, for example, in the Civil Rights Act of 1964. As a Costs of War Project report summed it up, the “Special Registration” requirement “announced in 2002 required all males from a list of Arab and Muslim countries [to] report to the government to register and be fingerprinted.” According to the ACLU, that program (known as NSEERS) would end up affecting foreign nationals from 25 countries.
While the war on terror has receded into the background of our lives, its premises and tactics remain all too readily available.
Worse yet, such deviations from constitutional protections and the law did not come to an end with the Bush administration. Although President Barack Obama would issue an executive order restoring adherence to the laws banning torture and end the NSEERS program (which, the ACLU noted, “did not achieve a single terrorism-related conviction” despite “tens of thousands of people having been forced to register”), there were other key areas in which his administration did not reverse past policy—anything but, in fact. “Early in [President Obama’s] administration,” as historian Kathryn Olmstead notes, “the new president signaled his intention to continue Bush’s surveillance policies.” Though “surprised by the extent of the spying” in the domestic intelligence program, Obama’s team nonetheless “quickly agreed to continue Bush’s mass surveillance program.”
In addition, by escalating a global drone program of “targeted killings,” the Obama administration would forge its own path toward weakening legal protections in the name of national security. During the Obama years, on what came to be known as “Terror Tuesdays,” national security officials presented the president with a list of names, all potential targets to be captured or killed. (It would come to be known in the media as “the kill list.”) As NPR summed it up, Obama, “wishing to be seen as a restraining influence,” would weigh in on the final list of names. According to the Bureau of Investigative Journalism, “A total of 563 strikes, largely by drones, targeted Pakistan, Somalia, and Yemen during Obama’s two terms, compared to 57 strikes under Bush.”
Leaving those programs on the table for the next president would be—and remains—a prescription for disaster.
Trump and the Tactics of the War on Terror
Trump’s first presidency combined the strategies of Bush and Obama when it came to the war on terror. Though it was little noted then, he launched an unprecedented number of drone strikes, tripling Obama’s numbers by 2022, including the targeted assassination of a high-ranking Iranian official, Revolutionary Guard leader Qassim Soleimani. Political scientist Micah Zenko noted that, despite his claims of being non-interventionist, Trump proved to be “more interventionist than Obama: in authorizing drone strikes and special operations raids in non-battlefield settings (namely, in Pakistan, Yemen, and Somalia).”
The 45th president’s disregard for legal restraints took other war-on-terror policies to a new level. Within a week of his inauguration, President Trump had issued an executive order that came to be known as “the Muslim Ban,” forbidding citizens from seven predominantly Muslim countries entry to the United States. And like his predecessor, he showed little interest in sunsetting the expansive surveillance authority he had inherited.
In fact, Trump brought the tools and tactics designed for the war on terror to the “home front,” notably in his approach to dissent. He attacked Black Lives Matter protesters as enemies, labeling them “terrorists.” He made discrimination against foreigners a national policy at the onset of his first presidency, announcing his plans to detain and deport millions of undocumented immigrants and promising to institute policies that intentionally separated migrant children from their families. He even threatened to widen the uses of Guantánamo: “…[W]e are keeping [Guantanamo] open… and we’re gonna load it up with some bad dudes, believe me, we’re gonna load it up.” Wondering who those “bad dudes” would be, NPRnoted that captives in the war on terror were mostly a thing of the past and reminded listeners of an interview in which Trump had said such suspects should be tried by military commissions, the fraught trial system already in place there.
When Joe Biden became president, he curtailed a number of the excesses of the war on terror from the Trump years, even issuing a proclamation revoking the Muslim ban. When it came to drone strikes, he lessened them substantially, leaving them “far from their peaks under the Obama and Trump administrations.” In addition, he put new limits on their use going forward. In a striking gesture, Director of National Intelligence Avril Haines pledged to “promote transparency” in place of the excessive secrecy that had underpinned the torture program, surveillance abuses, and the targeted-killing program. Still, all too much remained ongoing or fully capable of being revived in the new Trump years.
Bringing It All Back Home
Which brings us to expectations—or fears—of what will happen in a second Trump presidency. When it comes to the use of force, detention, discrimination, and the erasure of constitutional protections, Trump has already promised to bring the broad counterterrorism authority of earlier in this century to bear on the home front.
Let’s begin with his promises to institute discriminatory policies based on race and national origin. As of today, the incoming administration has pledged to round up, put in camps, and oversee the mass detention and deportation of undocumented immigrants from Latin America in particular, potentially combining a detention nightmare (lacking due process and underpinned by massive discrimination) with suspicion often based on national origin rather than specific evidence of criminal behavior—an echo of the war on terror’s early years.
In place of national security, Trump has promised to substitute, in the words of the 2024 Republican platform, the “threat to our very way of life,” a term that expands the vagueness encapsulated in “terror” and “terrorism” to a new level. Notably, in the run-up to the 2024 election he had already made it crystal clear that the path from the war on terror abroad to his internal policy plans would be important to his administration. When candidate Trump promised to use the military to counter “the enemy from within,” a spokesperson clarified the meaning for the press. As The Washington Post reported at the time, Trump spokesperson Steven Cheung acknowledged the way the candidate was linking his political enemies to terrorists. Trump, he explained, was “equat[ing] the prospect of unspecified efforts by the left during the elections with the recent arrest of an Afghan man in Oklahoma, who is accused of plotting an Election Day attack in the United States in the name of the Islamic State group.” Cheung then furthered the analogy by adding, “President Trump is 100% correct—those who seek to undermine democracy by sowing chaos in our elections are a direct threat, just like the terrorist from Afghanistan that was arrested for plotting multiple attacks on Election Day within the United States.”
Where Are We Today?
While the war on terror has receded into the background of our lives, its premises and tactics remain all too readily available. Its expansion of presidential powers, coupled with the Supreme Court’s recent immunity decision when it comes to more or less anything a president does in office, leaves the country in a state of imminent peril. Surveillance powers remain remarkably broad. Drone-strike authorities remain in place, even if, in the wake of the Biden years, curtailed for now. And the prospect of indefinite detention as a codified element of American policy remains possible not only at Guantanamo but for migrants across the United States. And to top it all off, Congress continues to be unwilling to restrict a president’s war powers in any significant way, having repeatedly refused to repeal or replace that original 2001 Authorization for the Use of Military Force in which neither time, nor geographical limits, nor even precise limits on the definition of the enemy exist.
If only, as a nation, we could look beyond the tumultuous context of the current moment and imagine how to make our way to a safer, more sustainable future. Sadly, despite the dangers that may lie ahead, it’s not just partisan politics, or economic disarray, or the fragile state of the world that has brought us to this point. It’s our own negligence in accepting the dismantling of the laws and norms that had guided us prior to 9/11 and refusing ever since to restore our once-upon-a-time respect for the rule of law and for one another.
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Amnesty War Crimes Probe Exposes Israel's 'Wanton Destruction' in Gaza
"The creation of any 'buffer zone' must not amount to the collective punishment of the Palestinian civilians who lived in these neighborhoods," warned one Amnesty campaigner.
Sep 05, 2024
Amnesty International said Thursday that the Israeli military should be investigated for the "war crimes of wanton destruction and of collective punishment" over its destruction of entire communities along Gaza's border with Israel.
"Using bulldozers and manually laid explosives, the Israeli military has unlawfully destroyed agricultural land and civilian buildings, razing entire neighborhoods, including homes, schools, and mosques," the London-based rights group said in a new investigation.
Amnesty analyzed satellite imagery, as well as photos and videos posted online by invading Israel Defense Forces troops between October and May, and found that the IDF has cleared wide swathes of land up to 1.2 miles (1.8 km) wide along Gaza's eastern border.
"In some videos, Israeli soldiers are seen posing for pictures or toasting in celebration as buildings are demolished in the background," the report states.
Israeli forces laid waste to much of Khuza'a in Khan Younis governate, under the pretext that Hamas-led militants attacked southern Israel from the town on October 7.
Salem Qudeih, a teacher who lived in Khuza'a about a mile from the border, told Amnesty that "around my family home we had a three dunam (0.7 acre) orchard full of fruit trees. They were all destroyed. Only an apple tree and a rose were left."
"I had bees and produced honey. All of it is gone now," he added. "Out of the 222 houses of my relatives in the area, only about a dozen remain. My home—where I lived with my wife, my five daughters, and one son—was completely destroyed."
Erika Guevara-Rosas, Amnesty's senior director for research, advocacy, policy, and campaigns, said in a statement: "The Israeli military's relentless campaign of ruin in Gaza is one of wanton destruction. Our research has shown how Israeli forces have obliterated residential buildings, forced thousands of families from their homes, and rendered their land uninhabitable."
"Our analysis reveals a pattern along the eastern perimeter of Gaza that is consistent with the systematic destruction of an entire area," she continued. "These homes were not destroyed as the result of intense fighting. Rather, the Israeli military deliberately razed the land after they had taken control of the area."
"The creation of any 'buffer zone' must not amount to the collective punishment of the Palestinian civilians who lived in these neighborhoods," Guevara-Rosas added. "Israel's measures to protect Israelis from attacks from Gaza must be carried out in conformity with its obligations under international law, including the prohibition of wanton destruction and of collective punishment."
"The Israeli military deliberately razed the land after they had taken control of the area."
Other experts—including United Nations officials and scholars—have previously highlighted what Robert Pape, a U.S. military historian and University of Chicago professor, described as "one of the most intense civilian punishment campaigns in history."
In the 335 days since October 7, Israeli forces have killed or maimed more than 145,000 Palestinians in Gaza while forcibly displacing almost all of the embattled strip's 2.3 million people and destroying hundreds of thousands of homes and other structures, according to Palestinian and international officials. Rebuilding after Israel's obliteration of Gaza's civilian infrastructure is expected to cost over $18.5 billion, or nearly Palestine's entire annual gross domestic product.
Israel is currently on trial for genocide at the International Court of Justice in The Hague. Meanwhile, International Criminal Court (ICC) Prosecutor Karim Khan has applied for warrants to arrest Israeli Prime Minister Benjamin Netanyahu, Israeli Defense Minister Yoav Gallant, and Hamas leaders for alleged war crimes including extermination.
"International humanitarian law, which applies in situations of armed conflict, including during military occupation, is comprised of rules whose central purpose is to limit, to the maximum extent feasible, human suffering in times of armed conflict," Amnesty explained Thursday.
The group noted that under the Fourth Geneva Convention, "extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly," is a war crime.
Additionally, the treaty bans collective punishment of civilians, stating that "no protected person may be punished for an offense he or she has not personally committed."
Amnesty has repeatedly
accused Israel of committing war crimes in Gaza and has urged the ICC to open investigations into multiple "indiscriminate" and "disproportionate" IDF massacres, as well as torture and other alleged human rights violations.
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US Media Weeps for Georgia School Shooting Victims, But Not Those Massacred in Gaza
The carnage and suffering inflicted on Palestinians by the Israeli military is daily, so it has ceased being reported on at all.
Sep 05, 2024
The ongoing carnage wrought on ordinary Americans by this country’s bizarrely permissive gun laws dominated the cable news networks for hours on end Wednesday after a 14-year-old shooter killed four people and wounded nine at Apalachee High School in Winder, Georgia.
Two of the dead were also 14-year-olds, destined never to grow older. The other two fatalities were teachers. As a teacher, I take their deaths personally. The teen shooter had spoken about killing people last year, but since Georgia does not have a red flag law, guns were not removed from his house. The deaths of the teens, and the wounding of eight other students, along with a teacher, underscore the horror of these mass shootings, their little lives cut unforgivably short, their parents’ lives blighted in ways that give nightmares to all parents of a child. Regular mass shootings are not permitted in actually civilized countries, whether Europe or Japan. They are as much an American peculiar institution as our form of plantation slavery was, and they are just as rooted in a valuing of property over humanity (in the case of slavery it involved turning humanity into property).
By the magic of empathy and identification, the news hits us in the gut when we hear of these strangers torn to pieces by hot bullets. They are also Americans. It shouldn’t matter, but the vigil-keepers and interviewees are blonde and white. They are like the majority of Americans.
Those who mouth “thoughts and prayers” and who clearly do not feel the deaths viscerally perhaps lack that empathy. Perhaps they are sociopaths, who cannot empathize with others. Some of the unsympathetic, though, distance themselves from the rawness of these murders by seeing them as a cost of living in a “free” society, by which they mean a society that has few effective regulations about the ownership and use of guns. They see the mass shootings the way many people see automobile deaths, as “accidents,” as a feature of life that they believe unavoidable. Many automobile deaths, too, however, are avoidable, and they are collisions, not accidents. Some 25% of them are from drunk driving, which is a conscious choice and not an accident at all. The most common cause of collisions is distracted driving, which also results from choices people make, and it is a problem that is getting worse. As for guns, it is odd that so intentional an act as premeditated murder should be classed as a natural disaster by so many Americans.
Sociologists use the notion of framing to understand the stories people tell themselves about events. Gun safety advocates see responsible gun ownership as requiring laws and regulations that protect owners and others. Those men who are insouciant about mass shootings think requiring gun safety detracts from their individual freedom (and possibly from their manhood, which frankly speaks poorly of them).
Although the cable news channels went into hyperdrive covering the sickening events in Georgie, they ignored other killings of children on Wednesday.
On Wednesday, Israeli bombardments killed 42 Palestinian victims in massacres of three families. The Gaza Ministry of Health said, “Many people are still trapped under the rubble and on the roads as rescuers are unable to reach them.”
Judging by past such bombardments, a majority of the victims, over 20 people, were children and women. The Israeli military allows an astonishing, and sickening, 20 civilian deaths for each militant of the Qassam Brigades that it kills with drones and rockets. No civilized military behaves in this way. It is creepy. U.S. officers would be rightly court-martialed for implementing such lax and inhumane rules of engagement. Officers have told me that the Geneva Conventions are their “Bible.” They are deeply angered when it is suggested that the Israeli military is behaving no worse than the American does.
The 22 or more women and children killed and the dozens of others injured or trapped beneath the rubble in Gaza did not receive even 15 seconds of air time on America’s multi-billion-dollar “news” screens on Wednesday.
I don’t understand why. Is it that they are not coded as “white?” But if you met many of them, you couldn’t tell them by skin color from many “white” Americans, including Italian-Americans. Is it because they aren’t Americans? But opinion polling shows tremendous U.S. empathy with Ukrainian victims of Russian bombardment.
For some, indifference is achieved by framing. “People die in war,” said President Joe Biden. Some people take seriously ridiculous Israeli army allegations of having killed 13,000 Hamas fighters, which makes the total dead of nearly 41,000 (though this is a vast underestimate) seem like par for the course. In fact, the Israeli military counts any young able-bodied male as a militant. And since they kill so many people from the air, the Israelis don’t really know whom they killed in many instances. The U.S. used to do that in Vietnam when it engaged in body counts. One of my late friends, a Green Beret, complained to me bitterly about such body counts or “kiting.” “If it was dead and it was Vietnamese, it was Viet Cong,” he said bitterly.
So the murdered children of Gaza (the Israeli military ROE amounts to mass murder in International Humanitarian Law) are put off stage. They aren’t configured as “news” as U.S. mass media conceive it. The carnage and suffering is daily, so it has ceased being reported on at all.
Boutique outlets like Middle East Eye, helmed by veteran Middle East correspondent David Hearst, show us the reality, which is not easier to take than the deaths in Winder, Georgia — that is, if we haven’t erected frames that prevent us from seeing and feeling it:
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