| MILITARY BIO |
![]()
TERRORISM-MIDDLE EAST
To respond to these articles, please use the feedback form.
Is Hypocritical And Unjust By Joseph E. Abodeely Attorney at Law Colonel, USAR, Ret. Introduction When I was a combat infantry unit commander in the 1st Air Cavalry Division during Tet 1968 in the former Republic of South Viet Nam, I fought conventional North Vietnamese Army (NVA) soldiers and guerrilla Viet Cong forces. Most of our engagements (combat) were during the day. At night, Viet Cong cadre would terrorize the basically agrarian Vietnamese population in the villages or towns, and through force, intimidation, torture, and executions, bent the will of the populace to do the terrorists bidding. The point is that terrorism is not a new tactic suddenly developed by fanatical Islamic groups to take over the United States of America. In 1980, as a Major, Judge Advocate Generals Corp, Arizona Army National Guard officer attending the Legal Aspects of Terrorism Course at the JAG school in Charlottesville, Virginia, I learned more about terrorismthat it was not just a tactic of warfare, but that it was conducted to attain intellectual goals. I also learned that terrorists did not follow the Law of War which civilized nations were obligated to observe as a result of the Hague and Geneva Conventions. Terrorism has been defined as the calculated use of violence or the threat of violence to attain political, religious, or ideological goals by instilling fear or using intimidation or coercion. TC 19-16, Countering Terrorism On US Army Installations (April 1993). AR 190-52. Violence for violences sake, violence for revenge, or violence simply in the course of criminal acts (e.g., murder, rape, robbery, assault, etc.) is not "terrorism" unless its use is intended to attain political, religious, or ideological goals. This point is crucial in understanding terrorism because unless one understands terrorism one cannot fight it effectively. "Terror" is great fright or great fearterrorism is something different. When President Bush says America is at war with "terror", he shows his ignorance of the real issues confronting Americas security. I know this statement will offend some political loyalists, but US security is at stake. The pundits, the talk show hosts, the media anchors, the so-called "terrorism experts" who talk about the so-called "war on terror" or on "terrorism" without discussing the political, religious, or ideological goals or issues involved or who do not focus on the WHY OF TERRORISTS ACTS do not promote a greater understanding of how to combat terrorism. And to mention the "goals" of some of the parties to a conflict and not mention the "goals" of other key parties to the conflict is either ignorance or deceptiveness or both. We must fight terrorism, especially if it is directed against innocent US citizens, but we must understand it to target or prevent it. The Meaning Of September 11, 2001 What Happened? Without going into minute detail about the attack in the Twin Towers of the World trade Center and on the Pentagon, it is fair to say it was a well devised attack by people who caused great damage and loss of lives of about 2800 Americans. The carnage and destruction was shocking, but the greater shock was that a group of people could do this to Americans in America. When Did It Happen? Thats the easiest question to answer. The actual attacks of the World Trade Center and the Pentagon were on September 11, 2001, otherwise referred to as "nine-eleven". Where Did It Happen? Again, its relatively easy to figure that out. The actual attacks were at the World Trade Center and the Pentagon, but investigations have shown that preparations for the attacks may have occurred by the "attackers" taking flight lessons earlier on at different flight schools. They may have even had more formalized training in military, para-military, guerrilla, or terrorist tactics in other countries. How Did It Happen? Some men of Middle Eastern descent commandeered commercial aircraft and flew them into highly populated buildings. The planes were in essence aerial bombs that caused extensive loss of civilian lives at the World Trade Center, loss of military and civilian lives at the Pentagon, and extensive property damage at both locations. Its effect was surprising, stunning, shocking, and angering to the American public. Who Was Responsible For The Attacks? Some Saudi Arabian and Egyptian men were identified as the attackers. Al Qaeda, a group of fundamental Islamic Middle Eastern operatives, has been linked to the 9/11 attacks. But do we really know who was responsible for the attacks? We only know what the government and the media tell us, and both of those institutions have lost their credibility and have often been shown to be biased or inept. The FBI and the CIA have been shown to be inept in doing their jobs. There are innuendos of cover-ups for Israeli "art students" who may have been spies, or for the FAA and the Air Force who should have detected and destroyed the deadly aircraft flying off course to their targets, or for the real cause of the destruction of the Twin Towers which were the first steel reinforced buildings ever to collapse due to fire. Some even think that the Bush Administration knew the attacks were going to occur, but they wanted the catastrophe to occur so Bush could divert Americas attention from his poor domestic policies to a wartime footing, which would force the public to support him in time of "war". Some think thats his "War on Iraq" strategy, also. Others believe that Israeli Mossad agents infiltrated Al Qaeda cells and gave the order for the attacks because this would make it easier for Israel to persuade the US to attack Arabs or Muslims. Some believe that an Israeli controlled Congress, intimidated by a monstrous Israeli-Zionist-Jewish financial war chest for Israel supporters, steam- rolled President Bush and America into an aimless and protracted adventure into Afghanistan. Perhaps the only people responsible for the 9/11 attacks are the perpetrators, themselves. And they are dead. Yet, the investigations go on to find out who knew so and so who may have heard such and such about so and so. Individuals probably linked to Al Qaeda and Usama Bin Laden and some of his other associates probably planned for and organized the attacks and executed them. Others like some Al Qaeda and Taliband members may have morally supported the 9/11 attacks but have not actually had anything to do with them. This is what seems to have emerged from the muck of rumors, innuendos, media investigative reporting, Congressional hearings, and actual facts. WHY DID IT HAPPEN? This is the most difficult of all the questions to answer relating to the 9/11 attacks. Again, there are several possible reasons for the attackssome absurd, some plausible. President Bush opines that the "terrorists" simply hate us Americans and our opulent life style. That is absurd. People who live on the other side of the world are not going to come to America, blow themselves up, and kill nearly 3000 innocent people simply because we have a better life style. Usama Bin Laden, himself, in an interview with Peter Arnett, indicated three reasons why his Al Qaeda may have had a motive to attack the USthe US occupation of Saudi Arabia with troops during the Gulf War, the unnecessary and prolonged suffering of the Iraqi people after the war due to US backed sanctions, and the illegal occupation and oppression of the Palestinian people by Israel also strongly supported by the US. Some think Israel had something to do with triggering the Al Qaeda cells to action on 9/11. The Mossad, Israels intelligence arm, is absolutely unscrupulous when acting in the interests of Israel. They have the capability to infiltrate terrorist groups; therefore, they can act as messengers conveying orders from superiors. Israel gained the most from the 9/11 attack because it took the worlds attention off the illegal expansion of the "settlements" by the Israelis on Palestinian land. It also took the worlds attention away from Ariel Sharons provocation of the Palestinians at Al Aqsa Mosque, which incited another intifada. Most Americans have little or no sense of history other than what the news media told them last week, and the 9/11 attacks were a perfect diversion of attention from what was going on in the Middle East at the time. Let me be clear; I am not saying Israelis flew the planes, which did the damage on 9/11. I am saying that it is possible (and they have the motives) that Israeli agents had some part in triggering or allowing the attacks to occur. It wouldnt be the first time. Do you remember how the Israelis did not tell us, when they knew, that the US Marines barracks were going to be bombed in Lebanon? I do. Do you remember how the Israelis attacked the USS Liberty killing and wounding US sailors and later lied to cover it up? I do. Do you remember how Israel has spied on the US over the years? I do. The Israelis have agents in this country who monitor some of our most sensitive phone conversations. The terrorist attacks may have been for a combination of reasons, but I believe the real reason there were "terrorist" attacks against the US on 9/11 is because of the United States one-sided support of Israels occupation and blatant repression of the Palestinians. Americas one-side support of Israel, to include attacking Arab nations to defend Israel, have angered the 22-member Arab League who are irate over the Palestinian-Israeli conflict. Shortly after the 9/11 attacks some commentators attempted to link US support to Israel as a key factor for the tragedy. The mainstream media covered it up as long as it could, but the escalation of violence in the Middle East put things in perspective, and the Israeli factor could no longer be kept secret. Israel has always been a problem for America in the Middle East for the Arab countries and now for us. The Palestinians are living in occupied territories; they have little food or clothing; they have meager medical supplies; they cant work, go to school, or travel freely; and international law says that an occupied people can fight for its freedom. They are the underdogs; the Israelis oppress them. But when they fight with what they have, they are called terrorists. Israel on the other hand can and does use modern weapons (attack helicopters, jet fighters, and tanks), which kill innocent women and children to level homes and parts of towns, and they say they do this for their "security". They say they destroy Palestinian buildings and homes for their "security". The Israelis say they build "settlements" on confiscated Palestinian land for their "security". I dont believe those claims, and the rest of the entire world does not believe the Israelis except for the US administration and Congress. The Israelis are not called "terrorists", yet, they clearly are. In fact, Israel was founded by terrorism. Research the Haganah or the Irgun or the Stern Gang. These Zionist thugs killed innocent British and Arab men, women, and children as well as moderate Jews who did not go along with them. WHAT HAPPENED TO AMERICA? Anger and Lashing Out After 9/11 Americans were shocked, stunned, and angry. The US wanted justice. The US decided to attack Al Qaeda bases in Afghanistan and to send troops to hunt for Usama Bin Laden and the Taliband who may have supported the Al Qaeda. The US was going to get the terrorists who did or supported 9/11. Remember the president saying, "Youre either with us or with the terrorists?" The ones who did 9/11 died in the crashes. If the Al Qaeda and the Taliband in Afghanistan along with Usama Bin Laden truly aided and abetted in the attacks, the US should bring them to justice in accordance with US and international law. My question is did they support the attacks morally or spiritually or intellectually or did they really aid and abet the crimes of 9/11? I dont really know the answer to that question. That is a fair question since the US has held prisoners for trial without bond and free access to their attorneys and since the US has waged war elsewhere throughout the world supposedly in response to the 9/11 attacks. Home-front Craziness Meanwhile, on the home front, crazy things were happening to innocent Americans. People were held without bond, without charges being filed, or charged with minor visa violations, or denied the right to talk to an attorney. Secret wiretaps have been conducted without warrants or with permission from a secret court. The government secret court is authorized under the Foreign Intelligence Surveillance Act (FISA) to issue secret warrants for foreign intelligence purposes. The FISA court rendered a public opinion which noted that the FBI presented at least 75 false applications for warrants in the past. The US government prosecuted Arabs in America for testifying falsely about the status of their visas, but excused FBI agents who lied to the federal courts to get secret warrants against Americans. The airports were turned into facilities one might find in a banana republic. Armed National Guardsmen were observing security screenings. . The maintenance and service people at the airlines needed to be checked adequately, and they were not. The public was scared and conned into giving up their rights for the illusion of safety and security. Hundreds of Middle Eastern men were incarcerated by the US without bond or access to lawyers. The FBI questioned hundreds of Middle Easterners and intimidated them solely because of their ethnicity. Suspected "terrorists" (Arabs and Muslims) were not allowed to have private conversations with their attorneys while convicted murderers, robbers, or child molesters were still allowed the attorney-client privilege. The government talked about military tribunals for US citizens or for trials of persons charged under US law while US courts were available to handle the cases. There was even talk about sending Arabs or Muslims suspected of terrorism to Israel to have them interrogated by means of torture, if necessary. The government talked about making informants out of postal workers and utilities employees to spy on the publicto be "tipsters". Profiling of Arabs and Muslims The word "terrorist" was made to be associated with Arabs or Muslims because most Americans were uniformed about the Middle East or Southwest Asia, and the attacks on 9/11 gave the unscrupulous the opportunity to promote an anti-Arab, anti-Muslim campaign. Ethnic profiling or religious profiling suddenly became acceptable in the interests of national security. A great many Americans do not know that all Arabs are not Muslim, and that all Muslims are not Arab. While the vast majority of the people in Afghanistan, Pakistan, and Iran are Muslim, they are not Arab. Most Muslims are not in the Middle East; they are in Indonesia. The point is that profiling is merely harassment and does not insure our national security. Remember that Padillathe "dirty bomb" guywas a Puerto Rican. Remember that Germany and France and Britain had Al Qaeda hiding in those countries. Should we profile people from those European countries? Should we attack them? AMERICA IS ABOUT OUR RIGHTS I have been practicing criminal law for over 30 yearshalf as a state level prosecutorand the other half as a defense attorney practicing in city, state, federal and military courts. I have seen an ominous attitude emerge in this countrya mob-like attitude which wants to get the "bad guy" no matter what it takes, no matter what law enforcement methods are used, no matter if some innocent people are accidentally harmed. The so-called war on terror has some of that aura to it. After all, "Youre either with us or with the terrorists". America means many things to different people. To me, America means a way of life with a lot of choice and freedom to get educated or not, get a job or not, be involved in free enterprise or not, learn a trade or not, to participate in the political process or not. I believe in the freedoms the creators of the Constitution for our government devised. I believe America is about our rights stated in the Constitution and in the Declaration of Independence. I believe in freedom of religion as long as religion is not mandatory or becomes a state religion as in Saudi Arabia or Israel. I believe in freedom of speech to air opposing views and spark debate. I believe in a free press not controlled by government or any other group. I believe in the rights of association or assembly, and the right to tell the government we want it to do or not do something. I believe in the individual citizens right to keep and bear arms. I believe that the government should not violate our right to privacy and should conduct searches with the proper warrants properly reviewed by impartial judges. I believe in the individuals right not to have to incriminate himself. I believe that a person should only be charged with a serious crime by an impartial grand jury or judge. I believe that a person has a right to be tried by an impartial judge and jury of his peers, and that he has a right to be represented by counsel at trial and on appeal. I believe that an accused has a right to fair bail and not to be subjected to cruel and unusual punishment. I believe that these rights extend to all US citizens and to those subject to US jurisdiction in this country. I do not believe 9/11 is an excuse to abandon the principles this country was founded on. We are becoming more and more a police state whose goal it is to control the populace under the guise of providing security, and I do not believe the tragedy of 9/11 justifies the President of the United States or his Attorney General to deny Americans and others the rights granted to them by the Constitution and the Declaration of Independence. CONCLUSION We need to ask questions and not be stampeded into giving up our rights. We must make our voices heard in all manners and methods possible or we will become slaves to an arrogant, elite few who somehow think they are the chosen ones to enslave us. Lean on the media, the talk shows, and the politicians to get them to do the right thing for a change. The terrorists took some innocent lives and destroyed property. Our government, on the other hand, took, and is taking, our sacred freedoms and rights that countless other lives were sacrificed for in order to preserve them. |
|
|
SHOULD AMERICA USE MILITARY FORCE AGAINST IRAQ OR ISRAEL? A Family of Nations World War II ended in 1945. In the same year, the governments of the world met to create a Charter for the United Nations. The "purposes and principles" as stated in the Charter were: to develop friendly relations among nations; to promote cooperation among nations for the purpose of solving economic, social, cultural, and humanitarian problems and promote respect for human rights and fundamental freedoms; and to serve as a center for harmonizing the actions of nations in attaining these common ends. The UN Charter gives the Security Council primary responsibility for maintaining international peace and security. The Security Council, alone, has the power to back up its declarations with actions to ensure compliance with them. Five of the Councils members are designated permanent membersthe US, Russia, Britain, France, and China. The other ten members are elected by the General Assembly for two- year terms. For a resolution to pass, it must receive nine "yes" votes with five of them being unanimous votes from the five permanent members. That is why, over the years, the US was able to defeat so many UN resolutions condemning Israels actions, particularly against the Palestinians. The UNs goals were idealistic, but the world had just ended an international conflict against some rogue nations who aggressively waged war against others who had not attacked the invaders. The world governments at the time, including the United States, wanted a mechanism in place to prevent self-anointed demagogues from invading other nations. The UN Charter did recognize the inherent right of individual or collective self-defense if an armed attack occurred against any member of the United Nations. In other words, if a UN member were attacked or invaded by another nation, the attacked nation could defend itself. Article 51, UN Charter says:
According to Article 51, the United Nations encourages self-defense by its members against an armed attack. I believe that if the US attacks and invades Iraq with ground forces simply because Iraq is trying to develop nuclear weapons, the US would be violating the UN Charter; and Iraq would be justified in defending itself. Arguably, according to the UN Charter, to which the United States was a signatory, the other nations could vote to take unified military action in support of Iraq against the United States for its armed attack against Iraq. Military planning requires that we analyze the "threat" and the consequences of our actions in dealing with the "threat". Not long before Operation Desert Storm (the Gulf War), Iraq was an ally, and the US strongly supported Saddam Husseins war against Iran. The US gave Iraq war material, and the US was well aware of the fact that Saddam Hussein (Iraq) used mustard gas against the Iranians. The often referred to pictures of the Kurds killed by gas at Halabja, a Kurdish town inside Iraq near the border with Iran, do not prove or even show that the Kurds were killed by mustard gas. In fact, the US Army War College, in cooperation with the Defense Intelligence Agency, determined that the dead were not killed by Iraqi mustard gas. A cyanide-based gas killed the Kurds. The Israelis were supplying Iran with weapons at the time. Perhaps, someone should ask our good friends, the Israelis, if they supplied the cyanide-based gas to the Iranians to gas the Kurds and then jumped on the band-wagon calling Saddam a murderer who gasses his own people. Has Iraq ever been a threat to the US? One year before the Gulf War, General Schwartzkopf testified before the Senate as to why we needed to keep a good working relationship with our number two trading partner in the Middle East, Iraq. Not long after, Saddam let April Glasspie, the US Ambassador to Iraq, know that he had a conflict with Kuwait who had done slant oil drilling under the Iraqi border and who also did not pay its fair share for Iraqs costs for the war with Iran. Saddam Hussein was given tacit approval to deal with Kuwait as he saw fit. Then, that pillar of honesty and integrity, then Secretary of Defense, Dick Cheney, ran over to the oil businessmans good friends, the Saudis, and told them that Saddam Hussein was going to invade Saudi Arabia as he had invaded Kuwait. Cheney needed to build a coalition for the US before it invaded Iraq. Bush, the elder, was able to get a Congressional resolution with the help of AIPAC (American Israel Public Affairs Committee) to support the invasion of Iraq. The US floundered around for a while as to the justification to attack a nation who did not attack the US. First, the US was going to protect Saudi Arabia, then it was going to protect the oil for the US, then it was going to protect the oil for our European allies, and finally the noblest cause for the US invasion of another country who did not attack the United States was to liberate our very dear friends, the Kuwaties from the Iraqies. Even the Arab countries knew it was wrong for Saddam to attack Kuwait, so they participated as part of the coalition. There was Desert Shield and there was Desert Storm and the rest is history. America mercilessly bombed the Iraqies, tested its night-vision equipment and its high-tech super-duper weapons and probably violated international law in numerous instances. But who cared since the US "persuaded" a "coalition" to go along with the US action? The UN imposed sanctions on Iraq were onerous and devastating to the Iraqi people. One of the sanctions required Iraq to allow UN inspectors to search for weapons of mass destructionchemical, biological, or nuclear. Scott Ritter, one of the UN weapons inspectors from the US, has recently stated that Iraq has no viable nuclear weapons program. They have no nukes. They cant deliver a warhead to the US if they had one. But the Iraqi Scud missiles can hit Israel. THE CASE AGAINST IRAQ As of this writing, the US has not attacked Iraq, but President Bush is using all the power of his office to get support for his obsession to attack Saddam Hussein. He has Vice President Dick Cheney giving speeches as to why the US should attack Iraq. Cheney says that Saddam is building weapons of mass destruction. Saddam wont allow inspections of his locations to see if any wrongdoing is going on. Its kind of like Cheney not allowing inspections of his corporate records to see if there is any wrongdoing going on. Remember, Cheney was a honcho in Halliburton, one of the oil companies involved in the proposed oil pipeline from the Caspian Sea through Afghanistan. Bush says Iraq almost has a nuclear weapon. Scott Ritter, one of the former UN inspectors, says Saddams nuclear program is defunct. At least, its not a viable program. Iran and North Korea are further along in their nuclear programs, and Bush doesnt talk about bombing them. Pakistan and India and Russia and China and, oh, yes, Israel, have nuclear weapons and, more importantly, means to deliver them; and we dont talk about bombing them. Bush says that Saddam may give a nuclear device to a terrorist or use it on Israel. Other countries could give nuclear material to make a bomb or an actual bomb to a terrorist, so why are we singling out Iraq? The truth is that Iraq poses no real threat to the US, even if it had "the bomb"at least no more of a threat than do other countries, but Iraq poses a great threat to Israel. So there we are. Iraq is not really a "threat" to usthe USbut it is a threat to Israel. Does President Bush want to attack and invade Iraq with ground forces and assassinate a foreign head of state because:
Zionists, those who wanted a separate Jewish state, urged, bribed, and cajoled both England and America to support the creation of Israel. When President Truman recognized the establishment of Israel, he pulled no punches and clearly stated that he had more of a Jewish constituency than an Arab constituency. That was in the late 1940s. After the Israelis massacred our sailors on the USS Liberty, President Johnson covered it up so as not to offend Israel. Awards and decorations were given to the captain and crew privately so as not to offend Israel. There was no public ceremony even though the captain was awarded the Medal of Honor. That was in the late 1960s. Even today, as Israel engages in actions that the Arab countries condemn, that the European countries condemn, that Russia condemns, that China condemns, that the United Nations condemn, the United States is the only country that supports Israel. Why? There are many wealthy Zionist/Jewish operatives here in America. They finance politicians who support Israel no matter what, and they use money as a weapon against those politicians who dare to speak against Israel. AIPACAmerican Israel Public Affairs Committeehas numerous political action committees to support pro-Israel candidates. The American political system is co-opted and unduly influenced by this process. Thus, the US foreign policy in the Middle East is not driven by what is best for the United States, but it is driven by what is best for Israel. The media is strongly pro-Israel. Just watch television or listen to talk radio. Newscasters and talk show hosts never take an anti-Israel approach. Is that because Israel is always right or is it for some other reason? There are many pro-Israel, pro-Zionist people at the highest levels of our government. They are in the administration, the State Department, and the Defense Department. They have infiltrated into powerful and influential positions with their pro-Israel, anti-Arab attitudes. They have made Israels goals Americas goals. Some Zionists have even infiltrated Christianity. Cyrus I. Schofield and the Oxford University Press were involved in the re-writing of the King James Version of the Bible by inserting Zionist-friendly notes in the margins, between verses and chapters, and on the bottoms of the pages. Schofield died in 1921, but the Oxford University Press has continued to make the Bible, which almost deifies the state of Israel. In 1967, there were numerous pro-Zionist notes added to the so-called Schofield Reference Bible long after his death. Some of Schofields most significant notes from the original editions were removed in the 1967 edition. The 1967 edition was prepared at the time of the Six-Day War when Israel seized and occupied Palestine. The newly inserted footnotes presumptuously granted the right to the Palestinians land to Israel. They make "anti-Semitism" a "sin" subject to "inevitable judgment". The only problem with this concocted passage is that there is no word for "anti-Semitism" in the New Testament or in the Ten Commandments. There was no sin of anti-Semitism in the Bible until 1967. In the 1967 edition, there is a reference that the people who persecute the Jews shall have "ill" visit them. But none of these notes appeared in the original Schofield Reference Bible or in the 1917 or 1945 editions. The state of Israel did not exist until 1948. Prior to that time, the word "Israel" in the dictionary referred to a particular man and an ancient tribe. There are numerous references in the revised Schofield Reference Bible, which are pro- Israel although Jesus originally accused the Pharisees of being descendants of the Devil, the murderer, the liar. Yet, the anti-Jewish passages are softened. Schofield had written in one of his notes, " I know that ye are of Abrahams seed. If ye were of Abrahams children is that between the natural and the spiritual posterity of Abraham? The Israelitish people and the Ishmaelitish people are the former ." But here is what the 1967 pro-Zionist version says: "All Jews are natural descendants of Abraham, but are not necessarily his spiritual posterity". What happened to the "Ishmaelitish people"? They dont count anymore, it seems. This so-called Schofield Reference Bible is used by Christian churches and Bible Study Fellowship and Precept Ministries, evangelical fundamentalist churches, Catholic and mainline Protestant churches all over the world. The Southern Baptist Convention of America even recommends this Bible. Jews, who used to be despised throughout the world for centuries, have found a home with the Christian Right in America. That is why we now have the terms"dispensationalism", "Judeo-Christianity", and "Christian-Zionism". I am not saying that Jews should be despised. I am saying that neither Zionism nor Judaism should be allowed to corrupt our cherished secular or religious institutions. Neither Zionism nor Judaism should be allowed to influence US foreign policy in the
Middle East such that the US ignores Israels injustice to the Palestinians, or
Israel causes the US to become despised by the rest of the world, or Israel pushes the US
into attacking Iraq in violation of the principles of the other civilized nations of the
world. And nobody has the courage to say so out of fear of social, economic, or actual
physical reprisal. Or out of concern for being called anti-Semitic. Supporters of Israel claim that Israel is the only democracy in the Middle East. If that were true, so what? The other Middle East countries, which deal with the US, obviously are useful to the US or the US would not deal with them. The US over the years has had good relations with non-democratic countries in Latin America, Southeast Asia, and the Middle East. Furthermore, the truth is that Israel is not a true democracyit is a theocracy deriving its laws from the Talmud. Other supporters of Israel claim that Israel is our number one ally in the Middle East. Lets see how good an "ally" Israel has been. · Israel has blown up an American diplomatic facility in Egypt. · Israel has attacked a US ship in international waters, killing thirty-three and wounding one hundred seventy-seven American sailors. The Israelis deliberately attacked and killed US military personnel, and President Johnson covered it up. · Israel employed a spy, Jonathan Pollard, to steal classified documents and then gave some of them to the USs then enemy, the Soviet Union. Israel, our "ally", at first denied any official connection to Pollard, then voted to make him an Israeli citizen, and has continuously demanded that the American President grant Pollard a full pardon.
In my opinion, the worst thing Israel has done to harm the US is to taint our image of fair play and justice, to embarrass us with insolence from Ariel Sharon, and to cause us to become despised by most of the rest of the world for our condoning the oppression of the Palestinians by the Israelis. The Palestinians are an occupied people. The Israelis have killed or wounded thousands of Palestinians, denied them food, medical supplies, travel, work, sanitation, electricity, and dignity. And the rest of the world knows it. As a result, I shall speak the unspeakable. I believe America should use its military might against Israel to bring peace to the Middle East, to do justice, and to enhance our image throughout the rest of the world. The US does not have to conduct air strikes on Israel causing genocide as was done in Iraq and is proposed again in Iraq. Instead, the US should remove the settlements from the Palestinian land as was resolved should be done by United Nations Resolution. If the Israelis dont comply, then the US should use all force necessary to remove the "settlements" immediately. After all, the US proposes to bomb Iraq because Saddam Hussein has allegedly failed
to comply with UN Resolutions. I believe removal of the settlements would go a
long way toward relieving hostilities from the Palestinians. US forces could serve
as a buffer and, hopefully, as an "honest broker" between the Israelis
and the Palestinians. If the US forces dealt fairly with both sides, neither side could
accuse the US of favoritism as is happening now because the US excuses Israeli
transgressions. The US forces would have to be strong and impartial and police
the Israelis and the Palestinians equally. The idea of using US forces to police the
Israelis (and protect them at the same time) would do a lot more to enhance peace and
stability in the Middle East than would attacking or actually invading Iraq or other Arab
countries. MIDDLE EAST GROUP DYNAMICS Some people think that once the US invades Iraq and is successfulwhatever that meansthat other nations will support the US efforts. Assuming the US bombs Iraq, compels Iraqi defenses into main populated areas, invades Iraq with ground forces, seizes and controls the Iraqi infrastructure (military, government, media, populace, etc,), kills, captures or exiles Saddam Hussein, then what? Does America occupy Iraq, and if so, for how long? Does America put in its own puppet regime as it did in Afghanistan and let it fend for itself? What about Russias forty billion dollar economic agreement with Iraq? Iran is next door to Iraq and has been its enemy, but the Iranians have not liked the US either. There are strained relations between Syria and the US. Will the US attack Syria or Saudi Arabia next or do those countries think that the US will? Hezbollah militants are in southern Lebanon. Should the US attack Lebanon because there may be a "threat" in that country? Other non-Arab countries have terrorists in them. Does the US have the legal or moral right to invade sovereign states because there are perceived, real or not, threats there? The United Nations has traditionally said "no". I am concerned that President Bush is arm-twisting other countries to support his and Israels agenda, which is contrary to traditional US values. I am also concerned that President Bush is riding high on this anti-Arab, anti-Muslim feeling in America. I am also concerned that Israel is probably providing most of the intelligence to justify any and allegedly bad things the Arabs are doing to justify bombing and invading these countries. Bush feels strong because America is strong, but if he misuses that military might, the rest of the world could gang up on us politically, economically, and legally (international criminal court, possible military action to enforce a UN resolution). Some of us Americans talk about how we dont want any other countries interfering with our sovereignty. Similarly, other countries dont want us interfering with their sovereignty especially by bombing or invading them.
The United Nations set rules to avoid war and control aggressors. America is trying to bend the rules in light of 9/11/01. The US claims Iraq is a threat, but the evidence is that it is less a threat to US security than are many other nations. Iraq is a threat to Israel, and Israel would very much like the US to dispatch Saddam Hussein and his regime. Americans for a variety of reasons are predisposed to cater to Israels wishes/demands. These wishes/demands are often not in the United States best interests but are in Israels best interests. One such wish/demand is for the US to attack/invade Iraq. It appears that President Bush is trying to provoke a confrontation with Iraq. The American people should not support an attack on Iraq. If military force is to be used in the region, it should be to curb the violence in Palestine. The US military should broker the peace there in an even-handed manner. The settlements must be removed immediately in accordance with UN Resolution, and Palestine should get its statehood and begin developing a democracy. As far as the so-called "war on terrorism" goes, find, fix, and destroy the terrorists; but the United States should not provoke unnecessary wars, death, and destruction on entire nations and innocent civilian populations unless it is subjected to "an armed attack". Article 51, United Nations Charter. The eyes of the world are on Bush and the United States, and even if Bush succeeds in temporarily getting other nations support to invade Iraq, I predict that his twisting the immorality of an unjust war will eventually backfire on the United States. America is great because America is good. When American ceases to be good, America will cease to be great. 9/12/02 |
|
WHY THE UNITED STATES SHOULD NOT INVADE IRAQ
There may be many reasons why the United States feels the need to be at war with Iraq. The "party line" has been that Saddam Hussein is evil; he has weapons of mass destruction; he is a threat to the United States; he has violated UN resolutions; etc. This writer believes that the real reason for warring with Iraq stems from the US desire to control vast deposits of oil in Iraq; to control an abundant supply of water (which Israel desperately needs); to protect Israel; and to accomplish the first step of a strategic vision of the Middle East to create a regional balance of power overwhelmingly in Israels favor. (See "Too Many Smoking Guns to Ignore: Israel, American Jews, and the War on Iraq" by Bill and Kathleen Christison, former CIA analysts, CounterPunch, www.counterpunch.org, January 25, 2003). The thinking from the pro-Israeli, neo-conservative policymakers has been that after the ouster of Saddam Hussein, the United States would have more leverage to act against Syria and Iran, be in a better position to resolve the Israeli-Palestinian conflict, and become less reliant on Saudi oil. (id.). In a letter to George W. Bush released on the eve of his State of the Union Address, the Project for the New American Century (PNAC), called for an increase in the defense budget by as much as $100 billion next year to deal with potential military problems around the world including Iraq, Afghanistan, and Central Asia as well as Korea, Iran, and China. The letter notes that removing Saddam Hussein is " the first step in carrying out your (Bushs) strategic vision for the Middle East ". (See "Pump Up the Pentagon, Hawks Tell Bush" by Jim Lobe, January 28, 2003, reprinted courtesy of the Project Against the Present Danger, www.presentdanger.org). Some of these pro-Israeli neo-conservatives who support PNAC are Rupert Murdoch, William Kristol, Donald Rumsfeld, Dick Cheney, Paul Wolfowitz, Lewis Libby, Robert Kagan, Peter Rodman, Elliott Abrams, and Richard Perle. PNAC is closely tied to the neo-conservative American Enterprise Institute (AEI) from which it rents office space. (id.). When Iraq had been at war with Iran, the United States supported Saddam Husseins war machine with arms, money, technology, and weapons of mass destruction, including chemical weapons. In a witness statement before the Senate Appropriations Committee on March 6, 1990, a person very knowledgeable of matters relating to the Middle East spoke about what he thought the United States should do regarding Iraq. To put the statement in context, one must remember that Iraq and Iran had been at war for several years. (See "U.S. Policy in the Persian Gulf and Kuwaiti Reflagging" by Michael H. Armacost, Undersecretary of State for Political Affairs in the Reagan Administration, reprint of a statement before the Senate Foreign Relations Committee on 16 June 1987, Air War College Associate Studies Vol. II, LSN 33, 1st Ed., pp. 115-118). The senate witness said:
The significance of this testimony is: (1) that it considered Iraq as a "partner" and not a "threat" to the United States; (2) that a year later the United States was at war with Iraq; and (3) that the testimony was given by General H. Norman Schwartzkopf, the field commander of the forces to defeat Iraq. So why did the US have to go to war with Iraq? Was it really because Iraq invaded Kuwait? Eight days before his August 2, 1990 invasion of Kuwait, Saddam Hussein met with April Glaspie, then Americas ambassador to Iraq. It was the last high-level contact between the two countries before Iraq went to war. She told Saddam that the United States would like him to settle his dispute with Kuwait (Kuwait had been slant oil drilling under Iraq) peacefully, but she added , "We have no opinion on the Arab-Arab conflicts, like your border disagreement with Kuwait." (See "Henry Hyde Has the Right AnswerDo We need a War with Iraq?" by Terence P. Jeffrey, Human Events On Line, The Week of October 29, 2001). Saddam Hussein was stunned by the vehement response from the West to his occupation of Kuwait based on what Glaspie told him a little over a week earlier. Angry journalists confronted Glaspie, clutching copies of the transcript of her session with Saddam, accusing her of giving carte blanche to take over Kuwait. At one of these sessions a rattled Glaspie replied, "I didnt think the Iraqis were going to take all of Kuwait." (Emphasis added). (See "Bombs Over Baghdad: 10 years after Desert Storm" by Martin OMalley & Owen Wood, CBS News On Line, January 2001). Glaspie was removed from her post. After the set-up, the lies began. One of the main reasons for America going to war against Iraq in 1990 was because the White House declared there were satellite photos showing Iraqi tanks and troops massing on the borders of Kuwait and Saudi Arabia threatening invasion of Saudi Arabia. The reports fueled the war hysteria and frightened the Saudis, who then agreed to full cooperation with US military forces. They were a major reason used to convince the American people of the justification of the war to protect and defend the oil supplies so vital to the West. The photos were never released, and Russian Satellite photos show there was no such large scale massing of troops as the US claimed. (See "Unanswered Questions About the Supposed Iraqi Threat to Saudi Arabia in 1990" FROM PRESS REPORTS in 1990 by the Editor, Jon Basil Utley, Christian Science Monitor). Thus, the Bush (the elder) administration lied when it stated on August 8, 1990, that the purpose of the US troop deployment to Saudi Arabia was "strictly defensive" and necessary to protect Saudi Arabia from an imminent Iraqi invasion. As previously stated, Bush (the elder) wrestled with the idea of invading Iraq for a lot of disingenuous reasons until he decided it was to rescue Kuwait. He sought support from Congress to use American military forces in Iraq. Many members of Congress were not enthusiastic about giving the President a resolution supporting military action--they wanted to give the sanctions more time. The vote in Congress was going to be close. (See "Bracing for War" by Tom Morganthau, et al., Newsweek, January 21, 1991, pp. 16-19). Saddam Hussein proposed withdrawing from Kuwait if the United States would consider the Palestinian problem, which related to the allegations that Israel was occupying territory in Palestine in violation of United Nations resolutions, but American Jews did not want "linkage" of the two issues. (See "Why Linkage Doesnt Connect" by Jonathan Alter, Newsweek, p. 24, January 21, 1991). Ultimately, Jewish influence, through AIPAC, pressured the "doves" in Congress to give Bush the authority to commit U.S. troops to combat in Iraq. (See "Pro-Israel Lobbyists Quietly Backed Resolution Allowing Bush to Commit U.S Troops to Combat", Wall Street Journal, January 28, 1991, pp. A14-A15). The propaganda war commenced when a teenaged Kuwaiti woman known only as "Nayirah" told a US Congressional committee that she watched Iraqi troops rip respirators from premature babies in a Kuwaiti hospital, leaving the infants to die. President George Bush, the elder, often spoke of the villainy, taking of "babies from the incubators and scattered like firewood across the floor". But this was all a lie. No respirators were ripped from any babies in any incubators. It was a fabrication to create loathing against Iraq. Little "Nayirah" turned out to be Nayriah Sabah, the daughter of Kuwaits ambassador to the US. Her visit to the congressional committee had been arranged by the US advertising agency, Hill & Knowlton. (See "Bombs Over Baghdad: 10 years after Desert Storm" by Martin OMalley & Owen Wood, CBS News On Line, January 2001). Another reason spouted off by Bush (the elder) and George W. for toppling the "evil" Saddam Hussein is because he allegedly "gassed his own people". The accusation that Iraq has used chemical weapons against its citizens is a familiar chant by the warmongers. The hard evidence most often cited concerns the gassing of Iraqi Kurds at the town of Halabja in March 1988, near the end of the Iran-Iraq war. Stephen C. Pelletiere, the former Central Intelligence Agencys senior political analyst on Iraq during the Iran-Iraq war, and former professor at the Army War College from 1988 to 2000, was privy to much of the classified material that flowed through Washington having to do with the Persian Gulf. He also headed a 1991 Army investigation into how the Iraqis would fight a war against the United States. The classified version of the report went into much detail about the Halabja affair. The gassing at Halabja occurred during the course of a battle between the Iraqis and the Iranians. Iraq used chemical weapons to try to kill the Iranians who seized their town, which is in northern Iraq not far from the Iranian border. The Kurdish civilians who died had the misfortune to be caught up in that exchange, but they were not Iraqs main target. After the battle, the Defense Intelligence Agency investigated and produced a classified report, which asserted that Iranian gas killed the Kurds, not Iraqi gas; however, the condition of the Kurds bodies indicated they were killed with a blood agenta cyanide-based gaswhich Iran was known to use. The DIA found that both Iran and Iraq used gas against each other in the battle around Halabja. The Iraqis probably had mustard gas in the battle and were not known to have possessed blood agents at the time. (See "A Crime or an Act of War" by Stephen C. Pelletiere, New York Times, Opinion, Friday, 31 January 2003). Operation Desert Storm commenced, and the war was short-lived. The allied coalition forces heavily bombarded Iraq with "smart bombs", "dumb bombs", cruise missiles, and everything in between. Iraq was driven out of Kuwait in accordance with the UN objective, and Iraq was subjected to some UN mandates per Security Council Resolutions. What were the overall effects of the U.S. air raids in the Persian Gulf War? Greenpeace, the environmental protection organization conducted interviews with international relief workers, reporters, U.S. officials, and news reports. Greenpeaces report said that over 150,000 people died as a result of the war with Iraq and at least 5 million lost their homes or jobs. (See "Gulf War Resulted In 150,000 Deaths, Greenpeace Says", Arizona Republic, May 29, 1991, p. A10). The majority of the bombing casualties were caused by "dumb" bombs and by the 12 million to 16 million bomblets released by an estimated 60,000 to 80,000 cluster bombs dropped by allied planes. (Ibid.). As much as the U.S. media (which was fed its information by the military) portrayed the "smart bombs" striking targets, the truth is that the majority of the munitions hurled on Iraq and Kuwait were "dumb" bombs. Allied jets dropped 88,500 tons of bombs on Iraq and Kuwait, but about 70 percent of them missed their targets. The precision-guided bombs, the icon of Pentagon briefings and the militarys preferred image of the war, made up barely 7 percent of the U.S. tonnage dropped on Iraqi targets, said General Merrill McPeak, Air Force Chief of Staff. (See "88, 500 Tons of Bombs -- 70% Missed", Arizona Republic, March 16, 1991, p. A2). A senior Pentagon official said 81,980 tons of "dumb" or unguided bombs had an accuracy of only about 25 percent. (Ibid.) The extent of actual unnecessary death and destruction inflicted upon Iraqi non-military targets may never be known, but suffice to say that it is impossible to have conducted the awesome aerial bombardment of Baghdad and other populated areas of Iraq and not have inflicted massive civilian casualties. It is reasonable to conclude that there was a great deal of collateral damagenot destruction of military targetscaused by the extensive aerial bombardments of populated cities like Baghdad. (For a more in-depth discussion of the bombardment of Iraq during Desert Storm, see www.joeabodeely.com "Law of War Considerations of Aerial Bombardment of Iraq in Operation Desert Storm" by Colonel Joseph E. Abodeely, a Research Report for Air War College Associate Studies, Air University, October 1991). The UN imposed sanctions on Iraq, after the war, through UN resolutions. Resolution 687 (November 29, 1990) established cease-fire terms and set up the UN Special Commission (UNSCOM) to disarm Iraq, and it listed specific conditions for lifting sanctions. Under paragraph 8, Iraq was to destroy, remove, or render harmless, under international supervision, all chemical and biological weapons and all stocks of agents and related subsystems and components and all research, development, support and manufacturing facilities. Iraq was to get rid of its ballistic missiles with a range greater than 150 kilometers. Under paragraph 11, Iraq was "invited" to reaffirm its obligations under the Treaty on the Non-Proliferation of Nuclear Weapons of 1 July 1968. Under paragraph 12, Iraq was to unconditionally agree not to develop nuclear weapons or components or subsystems or to do nuclear research, and, apparently, UNSCOM has not provided the "international supervision" as envisioned under paragraph 8 until recently. Under paragraph 22, if Iraq complied with the provisions of the resolution, then the prohibitions against the import of commodities and products originating in Iraq and the prohibitions against financial transactions related thereto would no longer have force or effect. In other words, if Iraq wanted to do commerce again with the rest of the world, it had to comply with the disarmament provisions. If it did not comply, the trade embargos would remain in effect, financial transactions would remain barred, and government assets would remain frozen. There was no provision in the resolution, which authorized the invasion of Iraq if it did not comply, and the United Nations who did not fulfill their obligation of "international supervision" had no concern about Iraq until George W. made an issue of non-compliance although the sanctions were still in place under Resolution 687. Iraq has never attacked the US. Some may say that the shooting at US pilots who fly over the "UN no-fly zones" by the Iraqis constitutes "attacks" on the US. US and British warplanes have bombed more that 80 targets in Iraqs southern "no-fly" zone over the past five months, conducting an escalating air war even as UN weapons inspections proceeded and diplomats looked for ways to avoid war. The interesting point is that the United Nations does not recognize the no-fly zones or the US assertion that it is enforcing UN resolutions. Last fall, Russias foreign ministry said escalating attacks by US and British warplanes against Iraqi air defenses have made it more difficult for UN efforts to resume weapons inspections in Iraq. Iraq says it fires at the aircraft because they are violating Iraqi airspace. (See "Airstrikes in Southern Iraq No-Fly Zones Mount" by Vernon Loeb, Washington Post, January 15, 2003). George W. Bush has done everything in his power to justify a US invasion of Iraq. He says he wants to attack Iraq because it may have weapons of mass destruction, but he lacks significant, credible evidence to support his claim. Hans Blix, chief chemical and biological weapons inspector, disputed allegations by the Bush administration about the Iraqis hiding illicit materials or hiding scientists or penetrating the UN inspection agency. (See "Chief Weapons Inspector Disputes Bush Spin On Iraq Report", Arizona Republic, p. A22, January 31, 2003). Mohamed ElBaradei, head of the International Atomic Energy Agency (IAEA), said, that in his view, Iraq was not yet in material breach of a UN resolution on disarmament contrary to what Britain and the United States have stated. (See "Iraq Not In Breach of UN Arms Resolution", Reuters, January 30, 2003). On February 5, 2003 Secretary of State Colin Powell told the United Nations Security Counsel that Saddam Hussein violated UN resolutions, was a threat because he still had weapons of mass destruction, was assisting terrorists, and reliable "sources" proved his case. Although his presentation was glib, it lacked substance and was clearly insufficient to justify raining 800 Tomahawk Cruise missiles (2000 pound flying, guided bombs) on Iraqi mothers, fathers, sons, daughters, doctors, lawyers, taxi drivers, merchants, etc. If Colin Powell were cross-examined on the identities, trustworthiness, or motives of his "sources", or on why he used drawings rather than satellite photos, or how he knew what was in trucks or buildings, or how Saddam is responsible for alleged poison camps supposedly run by terrorists in Kurdish areas outside of Saddams control, or why the US didnt turn over its evidence to the inspectors as required by UN resolution 1441, he would probably look quite foolish. (See "Cross-Examining Colin" by William Rivers Pitt, Truthout| Perspective, Thursday, 06 February 2003). It has now been disclosed that a British intelligence dossier used by Colin Powell in his presentation has been discredited by several academics, who say they recognized most of the dossier as lifted, verbatim, from articles published in the U.S. journal, The Middle East Review of International Affairs and in Janes Intelligence Review. (See "Britain Stands By Iraq Report", Reuters, February 7, 2003). Bush says Iraq has violated UN resolutions, but the UN and Bush know that Israel has violated, and is still violating, several times more resolutions than Iraq has. North Korea, Israel, and Pakistanall have nuclear weapons and have not agreed to the nuclear non-proliferation treaty. Bush ignores this while Israel commits genocide in Palestine, which he also ignores. Al Qaeda is a major threat, and an unjustified invasion against Iraq would inflame the Islamic extremists and add to their numbers and incite their wrath, which he ignores. The commander of US forces in Afghanistan said a war in Iraq could provoke attacks on Americans and coalition forces and against the US backed Afghan government. The war is not over in Afghanistan, and the warlords are not happy with the central government. (See "Iraq War May Stir Afghans", Arizona Republic, p. A23, February 2, 2003). What is the real reason the US wants to invade Iraq? This writer believes that the US administration wants to control the vast oil reserves in Iraq. This writer also believes that Iraq is a threat to Israel, and the US is doing Israels bidding to protect Israel, possibly to secure water for Israel, to take the focus off the crimes against humanity that Israel is committing against the Palestinians, and to distract the worlds attention from the Palestinian-Israeli conflict so that Israel can make a major push to steal all of Palestine (e.g., displace the people and bulldoze their homes). RELEVANCE OF THE UNITED NATIONS AND INTERNATIONAL LAW World War II ended in 1945. In the same year, the governments of the world met to create a Charter for the United Nations. The "purposes and principles" as stated in the Charter were:
The UN Charter gives the Security Council primary responsibility for maintaining international peace and security. The Security Council, alone, has the power to back up its declarations with actions to ensure compliance with them. Chapter VII, Article 39 provides:
Article 41 provides:
Article 42 provides:
Five of the Councils members are designated permanent membersthe US, Russia, Britain, France, and China. The other ten members are elected by the General Assembly for two- year terms. For a resolution to pass, it must receive nine "yes" votes with five of them being unanimous votes from the five permanent members. That is why, over the years, the US was able to defeat so many UN resolutions condemning Israels actions, particularly against the Palestinians. The UNs goals were idealistic, but the world had just ended an international conflict against some rogue nations who aggressively waged war against others who had not attacked the invaders. The world governments at the time, including the United States, wanted a mechanism in place to prevent self-anointed demagogues from invading other nations. The UN Charter did recognize the inherent right of individual or collective self-defense if an armed attack occurred against any member of the United Nations. In other words, if a UN member were attacked or invaded by another nation, the attacked nation could defend itself. Article 51, UN Charter says: "Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of The United Nations, until The Security Council has taken the measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defense shall be immediately reported to The Security Council and shall not in any way affect the authority and responsibility of The Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security." Reprisal is a concept also recognized under international law but very seldom used, and even then, (1) can only be executed by agencies or instrumentalities of a state; (2) must be proportionate; and (3) must follow a failed attempt to resolve the violation by peaceful negotiation. A reprisal is an act of self-help by the injured state, responding after an unsatisfied demand to an act contrary to international law on the part of the offending state. The reprisal would be illegal if the previous act contrary to international law had not furnished the reason for the reprisal. The aim of the reprisal is to impose on the offending state reparation for the offense or the return to legality in the avoidance of new offenses. Reprisals are different than acts of self-defense. In self-defense, force is applied to counter "an immediate and physical danger" to the state, whereas reprisals coerce another state to abide by international law. Any actions by the United States to invade Iraq are not to counter an immediate and physical danger and certainly; therefore, it could not be considered to be self-defense; and such a devastating invasion for allegedly violating UN resolutions under these circumstances certainly would not be a proportionate response. The United Stares has no more legal authority to invade Iraq than it did to invade Afghanistan under the pretense of fighting "terrorism". The issue is not simply about whether or not Iraq may have technically violated UN resolution 1441 by having some semi-trucks and trailers with some chemical or biological agents which could become weaponsthe issue is whether the horrendous bombardment of Iraq by the US and its cronies becomes genocide, a violation of the law of war, or a crime against humanity, itself. The Geneva Conventions of 1949 for the Protection of War Victims and the Hague Convention No. IV of 1907 Respecting the Laws and Customs of War on Land were intended to be, and are, legally binding on the United States and its citizens, especially members of the armed forces. (See AR 350-216, The Geneva Conventions of 1949 and Hague Convention No. IV of 1907, Department of the Army, Washington, GPO, 7 March 1975). The policy of the Department of Defense is to ensure: (1) that the law of war obligations of the United States are observed and enforced by the U.S. armed forces; (2) that a program designed to prevent violations of the law of war is implemented by U.S. armed forces; and (3) that alleged violations of the law of war whether committed by or against U.S. or enemy personnel are promptly reported, thoroughly investigated, and corrective action is taken if appropriate. (See Department of Defense, DoD Law of War Program, DoD Directive 5100.77, Washington, GPO, July 10, 1979). The law of war is derived from two principle sourcesLawmaking Treaties (or Conventions) such as The Hague and Geneva Conventions and custom, which is a body of unwritten or customary law firmly established by the custom of nations and well defined by recognized authorities on international law. (See FM 27-10, The Law of Land Warfare, Department of the Army, Washington, GPO, p. 4, July 1956).
Of course, defended places such as forts, defended cities with military forces present or passing through, munitions factories, military supply camps, warehouses, transportation facilities, or other places devoted to support the military operations may be attacked or bombarded whether defended or not. (Ibid.). The Conventions prohibit unnecessary killing and devastation:
Specifically dealing with delivery of munitions from aerial platforms, the Hague Convention of 1907 said:
Protocol I to the Geneva Conventions of 12 August 1949 relating to the protection of victims of international armed conflicts prohibits indiscriminate attacks on the enemy civilian populace. "Indiscriminate attacks are: (a) those which are not directed at a specific military objective;
(c) those which cannot be limited as required by this Protocol;
The Protocol further states what may have the most direct application to consider of the United States aerial bombardment of Iraq: "Among others, the following types of attacks are to be considered as indiscriminate:
According to Article 51, the United Nations encourages self-defense by its members against an armed attack, but the invasion of Iraq by the United States is not an act of self-defense. This writer believes that if the US attacks and invades Iraq with ground forces simply because Iraq may have not stopped developing weapons of mass destruction, or was developing weapons of mass destruction, or actually has weapons of mass destruction, the US would be violating the UN Charter. Iraq would be justified in defending itself and could legally form a coalition to wage war against the United States. Arguably, according to the UN Charter, to which the United States was a signatory, the other nations could vote to take unified military action in support of Iraq against the United States for its armed attack against Iraq. It is also possible that the US could bribe or otherwise coerce the United Nations to legitimize an invasion of Iraq through a UN resolution thereby making the aforementioned principles of international law irrelevant. Did the United States violate the spirit and intent of the law of war relating to the bombing of Iraq in Operation Desert Storm? This writer believes that massive bombing campaigns on Iraqi civilian populated areas violate the aforementioned considerations relating to the law of war. Is the US violating international law by invading Iraqs air space? Yes. Is the US in violation of international law if it unjustifiably invades a sovereign nation like Iraq who has never attacked the US or otherwise "threatened" the US other than in self-defense? Yes. The law of war recognizes prosecution by third-party countries under the principle of universal jurisdiction. Under the Geneva Conventions, signatory states have a duty to prosecute or extradite persons alleged to have committed violations of the law of war, regardless of whether the state was involved in the underlying conflict. The obligations between states under the law of war have become obligations to protect individuals. The substitution of "international humanitarian law" for the terms "law of war" and "law of armed conflict" descriptively reflects this movement. Initially, the term "international humanitarian law" referred only to the four 1949 Geneva Conventions, but it is now increasingly being used to signify the entire law of armed conflict. The entire focus of the law of war has broadened from solely protecting states interests to increasingly protecting individuals interests. /24 The Rome Statute of The International Criminal Court gives the Court jurisdiction over the crime of genocide; crimes against humanity; war crimes; and the "crime of aggression", which has yet to be defined. Perhaps a US invasion of Iraq could be cited as an example of a "crime of aggression". Perhaps a massive bombardment of non-military targets and the indiscriminate killing of hundreds or thousands innocent Iraqi citizens could be cited as war crimes or crimes against humanity or even genocide. If the European Union continues to grow economically and aligns militarily with Russia and China, rogue "political and military leaders", including those from of the US, could find themselves before the International Criminal Court. Americans often think of the other "guy" as the bad guy, and they find it difficult to understand that the world community might find the act of one nation invading another nation causing death and destruction for no justifiable reason to be repugnant. |
Prologue. I have been interested in "terrorism" for years. In my training to become an infantry officer, and later on in my Vietnam experience, the concept of terrorism became patently clear. The Viet Cong frequently used terror as a tactic to control the populace while the U.S. military trudged along in its use of conventional weapons and tactics to continually win tactical engagements but forfeit positive political success. In fact, the U.S. was often portrayed as the perpetrator of terrorism. The naked little Vietnamese girl running from the napalmed village comes to mind. During the 1960s and 1970s domestic terrorists reared their ugly heads. The Weathermen and the Symbianese Liberation Army (Patty Hearsts associates) may refresh your recollection. Local groups of terrorists posed newer and often more complex and lethal threats to the U.S. military guarding installations and equipment and to the F.B.I. and local law enforcement agencies protecting the public.
Because of my experience, training, and knowledge, I used to teach classes on terrorism to military and law enforcement personnel. For years, I have been a proponent of improved counter-terrorism intelligence, tactics, and national policies. The "skyjacking" of airliners caught the medias (hence, the publics) attention of how foreign nationals were willing to engage in terrorism and die for their cause as it related to what they believed were injustices caused by the United States and its ally, Israel, in the Middle East. The tensions between Israel and the Arab states and Islamic factions in Iran, Pakistan, and Afghanistan undeniably are the main reasons for the terrorists acts against Israelis and Americans. This essay discusses in "straight talk" what terrorism is , why we are experiencing more of it, and how we can greatly diminish it. The focus will be on Middle East terrorism.
Definition of "terrorism". Over the years, many definitions of terrorism have been devised in various jurisdictions and as the results of various studies. I shall provide two.
Terrorism is the calculated use of violence or the threat of violence to attain political, religious, or ideological goals by instilling fear or using intimidation or coercion. (Army Regulation 190-52 as cited in Training Circular 19-16, April 1983).
This definition has been the standard for countering terrorism on U.S. Army installations for years. When one understands this definition, one understands the intent of terrorists--using violence or the threat of violence to attain political, religious, or ideological goals. The terrorists do so by instilling fear or using intimidation or coercion. If the actions of the perpetrators do not meet the previously stated criteria, there may be the actions of crazies or criminals, but not the actions of terrorists. There must be the intent to attain political, religious, or ideological goals by instilling fear. The Viet Cong did it when they killed village chiefs to dissuade the rural Vietnamese populace from supporting the Americans. The radicals of the 1960s and the 1970s did it to dissuade support for the U.S. involvement in Vietnam. The Jews did it when they killed Palestinians and British civilians and military in order to take over the land previously occupied by the Palestinians. The Palestinians did it to protest the Jewish takeover and continued occupation of their homeland and to prevent further encroachments by Jewish "settlements". Muslim fundamentalists did it to challenge the actions and policies of the United States and Israel because of the U.S. support of Israel and U.S. presence in Saudi Arabia.
Arguably, the United States and Israel also engaged in "terrorism" when they conducted bombing missions across international boundaries of "suspected" terrorist camps killing innocent civilians or tortured and killed captured Palestinians. A precise understanding of the definition of terrorism and an intelligent and fair policy relating to countering terrorism is crucial if the United States is to maintain its credibility with the other nations of the world and if the United States and some of its leaders do not want to become the subjects of criminal prosecution before some future international criminal court.
The second definition of terrorism relates to criminal prosecution in federal district courts under the jurisdiction of the United States of America. 18 U.S.C. §2331, "Definitions" says:
As used in this chapter--
(1) the term "international terrorism" means activities that--
(A) involve violent acts or acts dangerous to human life that
are a violation of the criminal laws of the United States or of any State,
or that would be a criminal violation if committed within the jurisdiction
of the United States or of any State;
(B) appear to be intended--
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by intimidation
or coercion; or
(iii) to affect the conduct of a government by assassination
or kidnaping; and
(C) occur primarily outside the territorial jurisdiction of the
United States, or transcend national boundaries in terms of the means
by which they are accomplished, the persons they appear intended to
intimidate or coerce, or the locale in which their perpetrators operate
or seek asylum...
This definition becomes more important as the U.S. asserts its domestic criminal law jurisdiction over international boundaries and an emerging International Criminal Court wrestles with the creation of definitions of war crimes and terrorism.
18 U.S.C. §2332b(1) describes offenses to include killing, kidnaping, maiming, and committing an assault which resulted in a serious bodily injury. 18 U.S.C. §2332b(2) describes the jurisdictional bases. 18 U.S.C. §2332c discusses the use of chemical weapons as a prohibited act.
The reason why we must be concerned with how we define terrorism and how we take actions against it is so that we do not lose our credibility with the rest of the world, and more importantly, so that the U.S. never becomes accused of or prosecuted for engaging in terrorism.
What are terrorists goals?: As previously discussed, terrorist groups are not new. The goals of terrorists are as varied as there are groups. For example, in reviewing a publication, Domestic Terrorism, prepared by the National Governors Association (1979), I found listed:
NWLF (New World Liberation Front)--active in California, Oregon, Washington, and Colorado;
FALN (Fuerzas Armada de Liberacion National Puertorriquena)--active in Chicago, New York City, and Washington, D.C.;
GJB (George Jackson Brigade)--active in Oregon and Washington State;
JAR (Jewish Armed Resistance)--active in New York City;
WUO (Weather Underground Organization)--active nationally;
Cuban Commandos, anti-Castro Cubans--active in southeast United States;
Croatian National Resistance--active in Chicago, Illinois area;
KKK (Klu Klux Klan)--active nationally. There were also numerous other known terrorist groups active at that time. One can tell some of their goals just by their names. These groups were domestic terrorist organizations operating on U.S. soil, but we learned that terrorists would strike at U.S. personnel wherever and whenever they could.
In 1983 there were the bombings of a U.S. Embassy and a Marine barracks in Beriut, Lebanon in which 304 people were killed. In 1986 a Berlin, Germany disco was bombed, and two U.S. servicemen were killed. In 1988 the bombing of a Pan Am Flight 103 over Lockerbie, Scotland killed 270 people. In 1993 the World Trade Center in New York was bombed in a terrorist attack. In 1998 while Americans were preoccupied with knowing whether or not Bill Clinton, the President of the United States, got a "blow-job" from Monica Lewinsky, the U.S. Embassy in Kenya and the U.S. Embassy in Tanzania were bombed. All of these terrorist acts were done by Arabs or Muslim fundamentalists.
Why have these acts being committed? What are the goals of these Arabs or Muslims? Remember, all Arabs are not Muslim, and all Muslims are not Arab. For example, although Iranians, Pakistanis, and Afghans may be Muslims, they are not Arabs. Many Americans dont know these distinctions, and that is a big part of the problem. We dont know or care about them; they dont know or care about us. That is a big reason our intelligence capabilities are so lousy in the Middle East. We have few professionals who speak Arabic or understand the Arabic or Islamic culture, history, or religion. So what do these people want?
Some immediate goals of the radical Arab and/ or Muslim terrorists might be to:
obtain worldwide, national, or local recognition for "the cause" (e.g., justice for Palestinians, stop the Israeli settlements, dissuade the U.S. from continuing to support Israel with billions of dollars each year and with United Nations Security Council votes, get the U.S. out of Saudi Arabia);
cause government reaction, overreaction, and repression leading to immediate public dissension (e.g., tighter security at embassies, increased expenditures for construction on them, armed guards outside the Pentagon, increased security at airports, law enforcement overreaction causing violation of privacy and other civil rights);
harass, weaken, or embarrass government, military, or other security forces;
show a governments inability to protect its citizens;
demonstrate power or threat credibility; or
prevent or delay executive decisions or legislation. (See Training Circular 19-16, p. 1-7, April 1983).
The whole world knows that President Clinton ordered cruise missile strikes on suspected terrorist bases in Afghanistan and Sudan which were " linked" to Osama bin Laden who is believed to be behind the U.S. Embassy bombings in Kenya and Tanzania. The U.S. retaliation raised many questions--was there an immediate threat to justify this action on "suspected" terrorists, at a "suspected" terrorist meeting, at a "suspected" terrorist camp? If the Sudanese lab truly had deadly chemicals which were a threat to U.S. personnel, why werent they destroyed long ago? If the "terrorists" were adequately identified to justify bombing across international boundaries, why were they not sought out to be prosecuted as terrorists by the U.S. or United Nations? Was the Sudanese chemical laboratory-factory truly making chemicals which were a threat to U.S. citizens or anyone else? We may never know the truth, but doesnt the fact that the questions exist cast serious doubt on the moral or legal justification of bombing foreign countries? Using criminal law terms--there was no proof beyond a reasonable doubt; there was no probable cause; there was not even reasonable suspicion. Those bombings did not and will not stop "terrorism" and were acts of terrorism, themselves. The rest of the world knows this.
Some long range goals of the Middle Eastern terrorists might be to:
cause dramatic changes in government (e.g., put America at odds with the Arab and/or Muslim countries);
influence national or international policy decision making (e.g., cause the U.S. to modify its support of Israel in terms of monetary, military, and United Nations support); and
gain political recognition as the legal body representing an ethnic or national group (e.g.,as the Jewish Haganah and Irgun and the Palestine Liberation Organization did for their causes).
Why are Middle Eastern terrorists attacking U.S. citizens? There is no simplistic answer to this question, but many inferences can be drawn from the relationships among the Americans, the British, the Israelis, the Arabs, and the Muslims. A student of history will recall that the Crusades pitted the European Christians against the Moslems in the Holy Land (Palestine). The Moslems were engaged in a Holy War (Jihad) to ward off the infidels (the Christians). The Moslems succeeded in driving the invaders from their land; hence, they won. After the Crusades, various tribal chieftains and families ruled various parts of what we know of today as the Middle East; and the Turks (Ottoman Empire) also reigned for a while until the Arab countries, as we know them today, were established after World War I. I personally believe that there is still some of that "Christians versus Moslems" mentality prevalent in the U.S. today, partially because of prejudice and ignorance and partially because of the strong Jewish influence in the media, the entertainment industry, and now the United States government.
The history of America stems from a European frame of reference--the Pilgrims were European; the original colonies were tied to England; and Americans have had a history of treating people of color differently --blacks or African-Americans, Hispanics, American-Indians, Orientals, and most recently, Arabs or other Southwest Asian peoples. America, a nation founded with the principle that subjugating "colored people" to slavery was acceptable, still has its prejudices.
Americans prejudices against the "Arabs" intensified over the last fifty years as a result of the influence of the development of Israel and the efforts of some militant Jews from within and outside Israel. A brief history of how Israel took over Palestine helps one understand why "terrorists" are directing their efforts against U.S. citizens, today.
The rise of Israel or "The Palestine Problem". The Palestine problem is not new. Ever since the Romans destroyed the Judean state centuries ago, Orthodox Jews continued to hold spiritual claims to the Holy Land. Over the centuries a desire for a Jewish homeland grew, and Jews migrated to Palestine. In the 1870s, a wave of anti-Semitism spurred a new migration from central Europe, and in 1898 , Theodor Hertzl organized a Zionist international movement to establish in Palestine a home for the Jewish People secured by public law. (See War In The Shadows, The Guerrilla In History, by Robert B. Asprey, p. 551, William Morrow and Company, Inc., New York, 1994). The only problem with Hertzls plan was that thousands of Palestinians were living in Palestine and their descendants had done so for centuries.
In about 1900 there were about 40,000 Jews in Palestine. In a 1922 census there were about 591,000 Muslims, 73,000 Christians, 9500 "others", and 84,000 Jews populating Palestine. (See Encyclopedia of the Palestine Problem, by Issa Nakhleh, Vol. I, p. 25, Intercontinental Books, New York, 1991). The Balfour Declaration pledged Englands support of Zionist goals in order to win support of international, especially American, Jews to the Allies during World War I. In 1916, one year prior to the Balfour Declaration, a secret agreement was made between the British War Cabinet and Zionists leaders promising the latter a "national home" in Palestine in consideration of their efforts to bring the United States into World War I on the side of Great Britain. ( Encyclopedia of the Palestine Problem, pp. 1-2).
The Paris Peace Conference and subsequent conferences made Palestine become a British mandate. The League of Nations approved, and more Jews invaded Palestine. Palestine Arabs resented this "invasion" or "immigration" (however one looks at it) into their homeland. In 1920 Arabs and Jews fought over land disputes. In 1929, an anti-Jewish nationalist, the British- appointed Mufti of Jerusalem, incited attacks against Jews. The British tried to maintain a precarious peace, but Hitlers anti-Semitic policy increased the influx of Jews into Palestine and caused further Arab resentment. The Jewish population continued to rise to nearly half a million in 1935. The Arab rebellion started in 1936 and continued to expand until a major British Military effort suppressed it two years later. (War in the Shadows, p. 552).
Various commissions studied the problem and usually recommended partition--the creation of a small, separate Jewish state. Arab countries objected; and because of their perceived importance to the forthcoming world war, Britain supported them. When war broke out, the international Zionist organization and its executive, the Jewish Agency, supported Britain. So did the Jews in Palestine. During the Arab rebellion in 1936-39 the Jews had a voluntary militia organized in local units primarily for local defense--the Haganah. In 1941 the British allowed the Haganah to organize full-time guerrilla shock units for the fighting in Syria; but the British policy discouraged a separate Jewish military force. (Id., p. 553). In 1942, Zionist leaders met in New Yorks Biltmore Hotel to devise the Biltmore Program which called for unlimited immigration of Jews to Palestine which, after the war, would become a Jewish commonwealth state. The war strengthened the Haganahs military arm. Thirty-two thousand Palestine Jews served in British forces, and in 1944 the British authorized a separate Jewish Brigade Group. The Group dissolved at the end of the war, but an underground Haganah army continued to exist. It was commanded by a cadre of four hundred professional soldiers; it had Palmach guerrilla units of about twenty-one hundred men and women, backed by a ready reserve; and it had widespread territorial militia of about thirty thousand with many thousands of covert supporters. (Id., p. 553). Militarily trained and experienced and motivated Jews were ready, willing, and able to take the Arabs land from them. And they did over time; and they still are via their Jewish "settlements".
In 1935 militant Zionists (as though the Zionists were not already militant), who had formed the Revisionist Party in 1925, splintered from the World Zionist Organization. Two years later younger Revisionists formed a militant force, the Irgun. The Irgun concentrated first on smuggling illegal refugees into Palestine. Arab attacks on Jews in 1939 caused the Irgun to open a terrorist campaign against the general Arab population. (Id,.p. 554). The Chamberlain White Paper of 1939, which greatly restricted Jewish immigration to Palestine, prompted the Irgun to target the British for murder. David Raziel and Abraham Stern, Irgun members, were arrested by the British and later released although they were terrorists. Stern disagreed with Raziels wartime policy of truce with the British so in 1940 he split from the Irgun and formed the Lokhammei Kherut Israel (Fighters for the Freedom of Israel), or FFI--also known as the Stern Gang. (Id., p. 554). The Stern Gang, who were clearly "terrorists", by anyones definition, fought the British by eliminating some Jewish moderates and gentiles; and anyone who opposed creation of a Jewish state became fair game. This was really organized terrorism long before the Arabs ever bombed a bus or hijacked an airliner.
Stern, the criminal that he was, was killed by police bullets in 1942. A year later, another criminal and fanatic believer in a Jewish state, Menachem Begin, took command of the Irgun. From 1939 to 1943 the Stern Gang continued a policy of indiscriminate terror. In 1944, continued British refusal to accept the Biltmore Program caused the Irgun to renounce its truce with the British and to form a loose, sometimes uneasy, alliance with the Stern Gang in a new "war" for the Jewish state. By early autumn, the Stern Gang had murdered fifteen men, mostly moderate Jews, and destroyed several important government installations including four police stations. (Id., p. 555). That was terrorism. A great many Jews, in and out of Palestine, disagreed with the terrorism of the Irgun and Stern Gang on humanitarian grounds and out of concern for reprisals. The Jewish Agencys security forces had to even wage war against the Irgun.
In May 1945, after the German surrender, the Jewish Agency wrote Prime Minister Churchill demanding the full and immediate implementation of the Biltmore resolution, the cancellation of the White Paper, the establishment of Palestine as a Jewish state, Jewish immigration to be an Agency responsibility, and reparation to be made by Germany in kind beginning with all German property in Palestine. The Palestinians seemed to have no say in any of this. The British stalled, and the Haganah engaged in extensive smuggling. In October 1945 Haganahs clandestine radio station, Kol Israel, declared the beginning of "The Jewish Resistance Movement". On October 31, 1945 the Jews in Palestine attacked three small naval craft, wrecked railway lines, attacked a railway station and an oil refinery. In June 1946 Jewish terrorists committed more sabotage in Palestine. They destroyed twenty-two RAF planes at one airfield. The Haganah agreed to an Irgun attack on British headquarters in the King David Hotel in Jerusalem. The bombings killed ninety-one British, Arab, and Jewish people and wounded forty-five. The British retaliated by raiding the Irgun headquarters in Tel Aviv. By the end of 1946 the Irgun-Sternist groups had killed 373 persons. The Haganah had supposedly disassociated itself from the terrorists, but the terrorists continued to operate with at least tacit support of a large part of the citizenry. (Id., p. 558).
The British still continued efforts toward a political compromise. The UN appointed a special committee, UNSCOP, to investigate the situation and recommend a solution. Meanwhile a reign of terror and counter-terror dominated Palestine. The British execution of Dov Gruner, a popular young terrorist who murdered a policeman, caused widespread Irgun reprisals. The Jewish terrorists attacked British installations and in one day killed eighty British soldiers. The British replied by declaring martial law which infuriated the civilian population but did not halt Irgun operations. (Id., p. 559). In July, 1947 the refugee ship Exodus 1947 arrived with forty-five hundred Jews aboard, only to be sent Back to Europe. This event gave militant Jews an enormous propaganda victory further exploited by Leon Uris best-selling novel Exodus.
The terrorism and counter-terrorism continued, and the UN committee worked throughout the summer and autumn and ultimately recommended an end to the British mandate in favor of another partition plan. The Jewish Agency reluctantly adopted the plan when the British made it clear that they intended to yield the mandate and withdraw troops in the near future. In late November 1947, the UN accepted the plan. The Arab League responded by ordering attacks against Jewish settlements in Palestine and throughout the Middle East. In December 1947 Great Britain announced that it would terminate its mandate on May 15, 1948. The Arab-Israeli war had begun. (Id., p. 561). The Palestinian Arabs and the rest of the Arab world were not happy with the theft of Palestine by the Jews with the complicity of Great Britain and the United States. (Note: See also Theft of a Nation, by William W. Baker, Defenders Publications, Las Vegas Nevada, 1984, addendum 1989).
Zionism has corrupted America. It is important to define what is meant by this statement. "Zionism", as used in this context, refers to the use of "terrorism", murder, theft, sabotage, espionage, and undue and improper political influence to create and further support a homeland for the Jewish people. All Jews are not bad people. Most Jews are probably good people, as are other people, generally speaking; but any religious or ethnic group who used or uses terrorism as part of their tactics to accomplish their political, religious, or ideological goals or who aids and abets in doing so is wrong! The United States is not without fault in this regard.
As Israel was emerging as a state, members of Congress and Jewish organizations pressed President Truman to support immigration of Jews to Palestine. He pressured the British to permit immediate entry of additional 100,000 Jews from Europe into Palestine. Some private Jewish Americans and Jewish members of Congress also warned the British that they may not get American financial aid to rebuild their country after the war if they did not allow the immigration. Some of Trumans advisors warned him not to create animosity between the United States and the Arab states and the Muslims inhabiting a strategic arc stretching from Morocco on the Atlantic Ocean across North Africa, the Middle East, and Central and Southern Asia as far as the present states of Malaysia and Indonesia on the Pacific rim. Truman told them, "I am sorry, gentlemen, but I have to answer to hundreds of thousands who are anxious for the success of Zionism. I do not have hundreds of thousands of Arabs among my constituents." (See Stealth PACs: How Israels American Lobby took Control of U.S. Middle East Policy, by Richard H. Curtiss, p. 18, American Educational Trust, Washington , D.C., 1990). Truman recognized the new Jewish state only eleven minutes after the British mandate ended and the existence of Israel was proclaimed. He set the standard for Congressmen and Presidents to come.
American politics is corrupted by Zionism. AIPAC ( American Israel Public Affairs Committee) gives political guidance and provides more than eighty pro-Israel PACs set up by Jewish organizations or community groups to raise and funnel campaign funds to friendly candidates. (Id., " Foreword: The Legal Complaint Against AIPAC"). But there is no Jewish conspiracy, is there? AIPAC puts the fear of God, or in this case, the fear of Israel, in candidates running for the U.S. Congress. (Id., p. 144).
Here is how AIPAC operates: At AIPAC conventions, members are encouraged to provide early money to anointed candidates--those who support Israel. Friendly candidates in trouble are targeted to insure they understand who is contributing and why. Many individual Jewish donors make their donation to the candidates campaign, but mail the check to a pro-Israel organization. There, it is "bundled" with checks from like-minded donors and delivered to the candidate by an officer of the organization so that the candidate understands where his money came from and how he is to vote regarding issues relating to Israel. (Id., p. 144).
The obvious result is that Congressmen assume that individual Jewish donors will be informed in advance as to exactly where each local and national candidate stands on Israel, and on election day Jewish voters will be willing to cast their votes on that issue alone. Many members of Congress still seem out of touch with the changing opinions on the Middle East among their own non-Jewish constituents, most of which are not one-issue voters on Middle East policy. Few members are able to ignore the demanding lobbyists of AIPAC, or to request answers about violations of U.S. laws both by the lobby and by its intransigent Israeli client. (Id., p. 144). This is the area where campaign finance reform is definitely needed, but not one of our illustrious Congressmen dares to deal with it. Instead Congress aids and abets in the corruption of our political process and our foreign policy.
Prior to Operation Desert Storm, Iraq, formerly an ally of the U.S., attacked Kuwait after supposedly receiving a tacit or ambiguous expression of indifference to its proposed actions from Ambassador April Glaspie. President George Bush wrestled with the idea of invading Iraq for a lot of disingenuous reasons until he decided it was to rescue Kuwait, but he laid the groundwork first. He got U.N. resolutions approving military action; he built a coalition of countries to support his actions; he used economic sanctions; and he sought support from Congress to use American military forces in Iraq. All of the members of Congress were not enthusiastic about giving the President a resolution supporting military action. Many wanted to give the sanctions more time. Saddam Hussein proposed withdrawing from Kuwait if the United States would consider the Palestinian problem which related to the allegations that Israel was occupying territory in Palestine in violation of United Nations resolutions. American Jews did not want "linkage" of the two issues, and the Jewish influence in Congress through AIPAC pressured Congress to give Bush the authority to commit U.S. troops to combat in Iraq. (See "Pro-Israel Lobbyists Quietly Backed Resolution Allowing Bush to Commit U.S. Troops to Combat", Wall Street Journal, January 28, 1991, pp. A14-A15).
Probably, one of the best ways to demonstrate Congresss bias toward Israel is to consider a list of rhetorical questions. Which country in the Middle East has nuclear weapons? Which country in the Middle East refuses to sign the nuclear non-proliferation treaty and bars international inspections? Which country in the Middle East seized the sovereign territory of other nations by military force and continues to occupy it in defiance of United Nations Security Council resolutions? Which country in the Middle East routinely violates the international borders of another sovereign state with warplanes and artillery and naval gunfire? What American ally in the Middle East has for years sent assassins into other countries to kill its political enemies ( a practice sometimes called "terrorism")? In what country in the Middle East have high ranking military officers admitted publicly that unarmed prisoners of war were executed? What country in the Middle East refuses to prosecute its soldiers who have acknowledged executing prisoners of war? What country in the Middle East created almost a million refugees and refuses to allow them to return to their homes, farms, and business? What country in the Middle East blew up an American diplomatic facility in Egypt and attacked a U.S. ship--The U.S.S. Liberty--in international waters killing 33 and wounding 177 American sailors? What country in the Middle East employed a spy, Jonathan Pollard, to steal classified documents from America and later give some of them to the Soviet Union? What country has made Pollard a citizen and continuously demanded that the American President grant Pollard a full pardon? What country in the whole world has the second most powerful lobby according to a relatively recent Fortune magazine survey of Washington insiders? Which country in the Middle East is in defiance of 69 United Nations Security Council resolutions and has been protected from 29 more by U.S. vetoes? The answer to all of the above questions is Israel. But what country did the United States almost bomb but for United Nations intervention because "U.N. Security Council resolutions must be obeyed?" Iraq. (See "A pop quiz on the Middle East--answers may surprise you", by Charley Reese, Orlando Sentinel, February 8, 1998, p. 8).
The U.S. policy is so tainted and corrupted by its irrational defense of Israels transgressions; and it has gotten so blatant that at an AIPAC conference in Washington, Israels outgoing ambassador, Eliahu Ben-Elissar, fondly emoted in a speech that when he walks the halls of Congress he feels at home, as if he "were in the Knesset". (See Newsletter 98, by Council for the National Interest, Washington, DC, Vol. VII, Spring 1998, No. 2, p. 2).
International prosecution of terrorism. The United States and its allies won World War II, and the "victors" decided to prosecute the vanquished for "war crimes". The Nuremberg war crimes trials set a precedence for other international criminal tribunals to prosecute war crimes, genocide and other "crimes against humanity". Those accused as war criminals at the Nuremberg trials were convicted of such crimes as murder and extermination since the crime of "genocide" had not yet been defined by international agreement. "Terrorism" also had not yet been defined.
The U.N. criminal tribunal for Rwanda recently rendered the first international conviction for genocide by finding a former Rwandan mayor guilty of orchestrating systematic murders during the 1994 massacres of Rwandan Tutsis by the rival Hutu tribe. Another U.N. court based at the Hague is still dealing with crimes stemming from the civil conflict in the former Yugoslavia. Thus far, that court has not dealt with the concept of genocide. The Rwandan judgement was the first rendered by an international court for the crimes of sexual violence in a civil war and genocide.
Many scholars, judges, diplomats, and national leaders have advocated a permanent international court with international criminal jurisdiction. (See generally, New Legal Foundations for Global Survival: Security Through the Security Council, by Benjamin Ferencz, Oceana Publications, 1994). Legal experts from around the world have been trying to establish an international criminal court which will, among other things, fill the longstanding legal gap by taking on cases of genocide, war crimes, and other crimes against humanity.
One of the major problems in establishing such a court is the U.S. concern that it could be used against U.S. personnel. American officials say that the U.S., with about 200,000 military personnel permanently stationed in 40 countries around the world, has more at stake than other nations do if a permanent international criminal court is established. (See "U.S. Embroiled in Debate Over War Crimes Court", Arizona Republic, April 5, 1998, p. A6). The U.S. wants strict limits on the courts authority obviously to limit U.S. exposure to criminal prosecution, but it has come under increasing criticism especially from human rights and legal groups which are the courts foremost advocates. (Id., p. A6).
On July 17, 1998, The committee of the Whole at the United Nations voted to adopt the Statute of the International Criminal Court. Cheers of exultation and rejoicing filled the room while the United States delegation sat silent and stunned. Earlier, 113 governments voted to take no action on two amendments proposed by the United States. The United States called for a formal, electronically recorded vote on the Statute. The vote was 120 in favor, 7 against, and 21 abstentions. Opposing the Statute to create the Court were China, Iraq, Libya, Qatar, Yemen, the United States, and, of course, Israel. (See The InterDependent, "Tyrants Beware: The International Criminal Court is born", by John L. Washburn, United Nations Association of the United Stares of America, Vol. 24, No.2 Summer 1998, p. 5).
The U.S. wanted a guarantee that no American, especially an American military person, would ever be tried by the Court. For a Court to be universal in a world of sovereign states, an exception for any country would be an exception for all countries. Practically, this would have meant that very few, if any, cases would reach the Court other than by referral from the U.N. Security Council. (Id., p. 5). Critics of the U.S. believe that the U.S. wants a court that it, the U.S., can control. " Theres a growing feeling within the African delegates and among other states as well that the United States is willing to have a court, but not one for Americans, one only for others, such as Africans," said Aref Mohammed Aref, a representative of Amnesty International from Djibouti. (See "U.S. Embroiled in Debate Over War Crimes Court", Arizona Republic, April 5,1998, p. A6). The Court does have some flaws--when a case is referred by the Courts prosecutor (rather than being referred by the Security Council), the ICC (International Criminal Court) may pursue it only if the country of the nationality of the accused, or where the crime occurred, is already a party to the Statute or gives its specific consent. A state becoming a party to the Statute may choose a seven-year exemption from the Courts jurisdiction over war crimes. When the Court or prosecutor intend to avoid domestic jurisdiction, the procedures the nations can use are excessively long and complicated and can degrade evidence and discourage witnesses. The strength of the ICC is its focus on the accountability of individuals for their personal responsibility for crimes. (See The InterDependent, p. 5).
The next steps involve the General Assembly authorizing the Secretary-General to convene a Preparatory Commission of all U.N. member states, probably in early 1999. The Commission will end when 60 ratifications of the Statute bring it into force and require the Secretary-General to inaugurate the Assembly of States Parties (ASP). Countries then not parties to the ASP (probably the United States) will be able to attend the ASP only as observers. The Preparatory Commission will draft a budget and administrative provisions for the ASP to consider. Its primary work will be to negotiate Rules of Procedure and Evidence and definitions of elements of war crimes. (Id., p.7). Nobody has talked about defining "terrorism", but it is possible that some acts which are presently called terrorism may fall under the new definitions of war crimes. Perhaps the ICC will devise a definition of terrorism similar to and as broad as 18 U.S.C. §2331 and tailor it for international application.
If the U.S. or Israel engages in war crimes or terrorism in the future, and the international criminal court acts fairly and impartially since it is not controlled by the United States, Great Britain, or Israel, the U.S. Congress and media will not be able to protect the perpetrators from international justice.
A "law of war" has evolved governing principles of conduct in combat and treatment of civilians and enemy prisoners of war. International treaties such as the Hague and Geneva Conventions and the Protocols to the Geneva Conventions have codified much of this "law of war". (See Department of Army Pamphlet 27-1, Treaties Governing Land Warfare, December 1956; Department of Army Pamphlet 27-1-1, Protocols to the Geneva Conventions of 12 August 1949, September 1979). Some basic rules of the "law of war" include not attacking noncombatants, not causing destruction beyond the requirement of the mission, not attacking protected property, treating all captives and detainees humanely, not using coercion in the questioning of captives or detainees, and not burning or stealing civilian property. I believe an international criminal court could find that the U.S. and Israel have committed many of these war crimes against the Palestinians and other Arabs under the pretext of combating terrorism.
Executive Order 12,333 states that "[n]o person employed by or acting on behalf of the United States Government shall engage in, or conspire to engage in assassination." [See Exec. Order No. 12,333, 2.11, 3 C.F.R. 200, 213 (1982), reprinted in 50 U.S.C. app 3401 at 44, 50 (1982)]. Some U.S. Congressmen think that Executive Order means that the U.S. cant send a sniper to kill Saddam Hussein or Gadafi or Osama bin Laden, but that it can send cruise missiles to try to kill them and to inflict collateral damage on innocent civilians and property. The United States and Israel cannot afford to have a truly independent international criminal court to try war crimes or terrorism or genocide or crimes against humanity because they might find themselves being prosecuted as international criminals, themselves.
Lack of dialogue is the problem. How does one criticize Israels transgressions without appearing to be anti-Semitic? How does one say he does not like people who happen to be Jewish and engage in terrorists acts , but he is not anti-Semitic? If some Jews support terrorism, and they have, does their condemnation equate to anti-Semitism? I dont think so. But many people are afraid to speak out as I have in this essay for fear of being called "anti-Semitic". There are no town hall meetings discussing how America supported the terrorism of Israel over the years, how Israel has spied on the U.S. and killed U.S. personnel, how Israel tortured and murdered Palestinian captives, how Israeli "settlements" are a ruse for theft of Palestinian property, and how Israel dominates our foreign policy especially as it relates to the Middle East by the "bribery" and coercion of the U.S. Congress. Why is there no dialogue about the aforesaid issues? Why are people afraid to speak out? What ever happened to freedom of speech in this country? Are there that many people so afraid to speak out for fear of being called anti-Semitic or are they afraid of something else? Does the power of a strongly Jewish influenced national media and the entertainment industry so overwhelm individuals who might speak out that they dare not? We know that outspoken former Congressmen who criticized Israel paid the price because that is why they are "former Congressmen". Are there no people of good faith who would sit at a conference table and discuss many of the issues Ive presented in this essay, and if not, why not? Nobody can stop terrorism unless they deal with the root causes of terrorism.
Summary and conclusions. The definition of "terrorism" is important because it, like "beauty", is in the eyes of the beholder. Terrorism can be done by individuals or by nation-states and has been done by both. Because of Americas military might, the U.S. has asserted its criminal law jurisdiction internationally and intends to continue to prosecute terrorists for acts which occur even outside the boundaries of the United States.
Terrorists may have many causes and goals--both immediate and long range. They may want to merely harass and intimidate or they may want to create a new nation such as Israel. The primary reason for the use of violence or the threat of violence is to attain political, religious, or ideological goals by instilling fear or using intimidation or coercion.
Middle Eastern terrorists are attacking U.S. citizens because there is a polarization between the cultures of the U.S. and some groups of Arabs and Muslims. Historically, there has been conflict between the parties, but the conflict has become exacerbated by the formation of Israel as it was done and the alliance of the United States with all Israeli actions. The terrorism and excesses of the Israeli Jews against the Arabs bred terrorism by the Arabs against the Jews, and that terrorism has spilled over to the U.S. because of its one-sided and unconditional support of Israel.
Israel was founded out of terrorism. There were secret deals made by Zionists and agents of Great Britain and the U.S. to give a Jewish homeland to the Jews migrating into Palestine. The problem was that the Jews stole the land by force from the Palestinians, and the Arabs have never forgotten that fact. Israel has been directed by the United Nations to leave certain occupied lands in Palestine and Syria per U.N. resolutions, but Israel has never complied. Israel has violated innumerable U.N. resolutions, but the United States has continued to give unwavering support to Israel. The rest of the world knows that Israel has been a rogue state, but the other nations are powerless to do anything about it as long as Israel has the U.S. under its spell.
Zionism--the Jewish movement to create Israel through terrorism--spread like a cancer to corrupt the United States. It has corrupted the U.S. Congress so powerfully that no Congressman dares to ever question the actions of Israel no matter how outrageous they may be. The U.S. gives billions of dollars to Israel each year. The U.S. always votes to support Israel in the United Nations even though the rest of the world may have condemned Israels actions. The entertainment industry frequently furthers a negative stereotype of Arabs in the movies and on television. The national news media and radio talk shows almost never explore the transgressions of Israel unless a breaking news story requires a perfunctory coverage--all this to protect Israel. AIPAC has bought the U.S. Congress.
America likes to think it is a nation of laws, and it would like to see international terrorists brought to justice, especially under Americas laws. The world, on the other hand, would like to see an international criminal court which can operate independently and not be influenced by any particular country. The problem with a totally independent international criminal court, from a U.S. perspective, is that the U.S. and perhaps its "ally", Israel, could be the subjects of criminal prosecution. Sending cruise missiles into foreign countries to kill innocent civilians, to destroy private property, or to "assassinate" suspected terrorists on less information or "intelligence" than a local policeman must legally have to make an arrest in this country is questionable at best and probably criminal under international law at worst. The whole world is watching what the U.S. is doing, and they are not as sold on Israel as the U.S. is.
I believe the U.S. is in a dilemma and doesnt know how to deal with it. There are too many Jews in American society who have contributed to and who still contribute to the arts, business, law, government, entertainment, medicine, education, etc., and they never supported terrorism and still do not support terrorism. These are good and decent people. As for those Jews and others who have supported terrorism and who may still support terrorism, I have no use for those people any more than I do for any Arab, Irishman, Iranian, Muslim, or American terrorist. The U.S. government must never become engaged in state sponsored terrorism because such conduct only invites more terrorism on U.S. citizens and because the international community may some day hold the U.S. and its accomplice, Israel, accountable before some future international tribunal. Terrorism is a crime. We, as U.S. citizens, need to start having some meaningful dialogue and not be duped by the same old bull feces spouted by some Congressmen or law enforcement officials who merely talk about more cops, more money, more toys to fight terrorism; and they never talk about the things Ive talked about in this essay. Until there is this public dialogue in the U.S. Congress, in the media, and throughout the education system, Americans will continual to be at risk. This essay has presented facts and reasonable inferences based on the facts. Americans need to wake up and demand more from their elected officials on the issues presented in this essay, and they need to circumvent the traditional media to get the facts out to save this once great country. Nobody can stop terrorism unless they deal with the root causes of terrorism. It is in the best interests of America that Americans deal with this problem keeping Americas well-being foremost in mind.
This is a paper I wrote for the Air War College in October, 1991.
I believe it still has relevance today.
Joe Abodeely
December,1998
AIR WAR COLLEGE ASSOCIATE STUDIES AIR UNIVERSITY
LAW OF WAR CONSIDERATIONS OF AERIAL BOMBARDMENT OF IRAQ
IN OPERATION DESERT STORM
by
Joseph E. Abodeely
Colonel, USAR
Phoenix, Arizona
A RESEARCH REPORT SUBMITTED TO THE FACULTY IN
FULFILLMENT OF THE VOLUME I OPTION THREE
October 1991
CERTIFICATE
I have read and understand the Academic Integrity Section of
the Program Guide, I certify that the creative process of
researching, organizing, and writing this research report
represents only my own work.
Joseph E. Abodeely
DISCLAIMER
This research report represents the views of the author and
does not necessarily reflect the official opinion of the Air
War College of the Department of the Air Force. In accordance
with Air Force Regulation 110-8, it is not copyrighted but is
the property of the United States government and is not to be
reproduced in whole or in part without permission of the
Commandant, Air War College, Maxwell Air Force Base, Alabama.
Air War College Research Report Abstract
Title:
Law of War Considerations of Aerial Bombardment of
Iraq in Operation Desert Storm
Author:
Joseph E. Abodeely, Colonel, USAR
Analysis and remarks on how Desert Storm occurred and how political and legal
considerations were used to justify U.S. involvement in the Middle East. Some of the
principles relating to the law of war are discussed in the context of United States' and
coalition forces' aerial bombardments of Iraqi forces. The aerial campaign is considered
to have probably violated the law of war. Rhetorical questions in the author's conclusions
suggest more preferable alternative courses of actions which the United States could have
taken.
BIOGRAPHICAL SKETCH
COLONEL JOE ABODEELY, U.S. Army Reserves, is currently assigned as Chief, Law Branch of U.S. Army Military Police Operations Agency as an Individual Mobilization Augmentee (IMA). His legal duties impact on Department of Army policy, including clarifying USAMPOA responsibilities relating to war crimes.
Previous assignments include Staff Judge Advocate (IMA), 11th ADA Brigade, Fort Bliss, Texas; Judge Advocate, Military Police Company Commander, Arizona Army National Guard.
During the Tet Offensive, 1968, Vietnam, then 1st Lieutenant Abodeely served with 2/7 Bn, 1st Air Cavalry Division. As reported in the Los Angeles Herald Examiner, April 8, 1968 -- "... Abodeely, 24, of Tucson, Ariz. and his platoon formed the 1st Air Cavalry spearhead of the 20,000 man Operation Pegasus drive that broke the Communist grip around Khe Sanh in a week long drive that covered 12 miles of jungle, hills, and minefields..."
Decorations include combat infantryman's badge, bronze star, air medal, Vietnam service medal with gold star, Vietnamese cross of gallantry with palm (unit citation), and others.
Colonel Abodeely received his R.O.T.C. commission, B.A. degree (English), and Juris Doctor from the University of Arizona.
He served 14 1/2 years as a Maricopa Deputy County Attorney (Prosecutor) where he prosecuted major felony cases, supervised and trained numerous attorneys, provided training to various law enforcement agencies (state and federal) and served as legal advisor on special "sting" and counter-narcotics projects with state and federal agencies.
Colonel Abodeely is presently an attorney (sole practitioner) in private practice which emphasizes criminal defense, administrative law, and military law.
He was a radio talk show host for five years and now hosts a talk-show on public access television.
He lives in Phoenix with his wife, Donna, two German Shepherds, and fourteen cats.
INTRODUCTION
In August 1990, Iraq invaded Kuwait. The United States, in conjunction with a coalition of armed forces from other countries, ultimately engaged in armed conflict with the military forces of Iraq to protect Saudi Arabia and to liberate occupied Kuwait.
The world public was informed of the diplomatic as well as the military aspects of the war and how the United Nations and the Congress and President of the United States sought to legitimize the conduct of the war through legal actions such as adoption of resolutions to justify military action.
One area of legal consideration relating to the war which had almost no media attention was the aerial bombardment of Iraq and the application of the "law of war" to that bombardment.
Because the rest of the world saw America's conduct of the war, and because other nations are concerned about humanitarian principles relating to the conduct of war, and because Americans have a basic respect for law and humanitarian principles -- it is necessary and wise to consider the potential and actual limitations on the use of air power.
THE THREAT
IRAQ WAS A PARTNER
In a witness statement before the Senate Appropriations Committee on March 6, 1990, a person very knowledgeable of matters relating to the Middle East spoke about what he thought the United States should do regarding Iraq. To put the statement in context, one must remember that Iraq and Iran had been at war for several years; and the United States had supported Iraq. (7:115-118)
The senate witness said:
"The cease-fire with Iran has allowed Iraq to resume its bid for leadership and influence within the Arab world. Iraq ended the war with one of the largest and best-equipped military forces in the world...
Even though it enjoys a significant post-war military advantage over Iran, Iraq continues to import arms. Of greater concern, however, is its domestic arms industry, the most advanced in the region...
Although generally mistrustful of the U.S., Iraq would welcome measured U.S. participation in its economic development. Currently, oil exports make it America's second largest Middle Eastern trading partner. The U.S. should continue to develop its contacts with Iraq by building selectively on existing political and economical relationships..." (20:86)
The significance of this testimony is: (1) that it considered Iraq as a
"partner" and not a "threat" to the United States;
(2) that a year later the United States was at war with Iraq; and
(3) that the testimony was given by General
H. Norman Schwartzkopf, the field commander of the forces to defeat Iraq. The most critical task in planning the defense of a nation is judging the nature and extent of the threats which may occur, given the structure and objectives of United States national security planning. (15:243) If Iraq were not truly a "threat" to United States interests, then the destruction wreaked upon Iraq's military and civilian populace is even more egregious irrespective of substantial compliance with "the law of war."
IRAQ BECOMES THE ENEMY
Why, then, did we go to war with Iraq? Arm-chair philosophers, military strategists, and cynics may pose the following reasons for Operation Desert Storm: (1) to protect the oil in Saudi Arabia and Kuwait for the United States; (2) to protect the oil in Saudi Arabia and Kuwait for America's allies in Europe and Japan; (3) to liberate the Kuwaiti people from Saddam Hussein and return them to the Emir of Kuwait; (4) to rid the world of Saddam Hussein; (5) to bring peace and stability to the Middle East; (6) to justify not cutting defense spending when the "Iron Curtain" (Berlin Wall) came down and U.S. military forces were being cut; (7) to justify using U.S. military forces rather than redeploying them to the United States to be discharged into a sagging economy; (8) to take American citizens' minds off of the sagging economy; (9) to divert American citizens' attention from the Savings and Loan debacle which involved highly prominent businesses, United States Senators, and even the President's son; (10) to help improve the President's ratings in the polls; and (11) to protect Israel. (21)
WORLD PUBLIC OPINION
The "why" of Desert Storm influences other nations' views of the "how" we conducted Desert Storm. If a large segment of the world's nations view United States military action in Desert Storm to have been unnecessary (e.g., Iraq was not a threat to U.S. interests), then they will probably view our military operations (e.g., aerial bombardments) to be in violation of the law of war and other accepted principles of international law relating to armed conflict.
U.S. POLICY FORMULATION
To help understand the "why" Iraq was a "threat" to the United States, it is important to note that at a press breakfast in Washington, D.C. on July 19, 1990, before intelligence information about the Iraqi troop buildup had leaked, Secretary of Defense Cheney was asked about Iraq's "threats" to Kuwait regarding an oil dispute. Cheney replied that the United States would take seriously any threat to U.S. interests or U.S. friends in the region. (27:210)
Prior to the Iraqi invasion of Kuwait, U.S. policy had been unclear toward Iraq. President Bush's administration officials had talked tough about Saddam's threats against Israel, the movement of Iraqi SCUD missile launchers closer to Israel, and Iraq's efforts to illegally import components for nuclear weapons. Yet, at the same time, the administration had thwarted congressional efforts to impose economic sanctions on Iraq or cut U.S. food assistance. (27:211)
President Bush was deeply concerned about Saddam's ability to control the oil in the Middle East. Bush, the former Texas oil man, engaged in extended analysis with his close personal advisors regarding the impact on world oil availability and price. Bush was concerned with if the U.S. and other nations could embargo Iraqi oil and if Saddam would withhold Iraqi and Kuwaiti oil or try to flood the world market and the ultimate impact on U.S. oil resources. (27:226)
There may have been many reasons why Iraq became a threat which justified devastating military action against it, or there may have been no substantially valid reason to have justified Desert Storm. History will ultimately disclose why we went to war with Iraq.
LEGALIZING THE WAR
UNITED NATIONS RESOLUTIONS
President Bush did an outstanding job of unifying nations to be the coalition of forces to defeat Iraq. He was able to influence the United Nations Security Council to give an air of legitimacy to the ultimate decimation of Iraq.
The Council passed resolutions relating to condemning the Iraqi invasion of Kuwait and demanding immediate withdrawal, and ordering a trade and financial embargo of Iraq and occupied Kuwait.
The Council also voted to give the United States and other naval powers the right to enforce the economic embargo and to allow limited humanitarian food aid into Iraq or Kuwait.
Most importantly, as far as internationally legitimatizing U.S. warfare in the Persian Gulf area, the Council authorized the use of force to expel Iraq from Kuwait after January 15, 1991. (24:A12) (See Appendix).
CONGRESSIONAL AUTHORIZATION
Once the President got the approval of the United Nations Security Council to use military force against Iraq, there was only one other legal obstacle to hurdle before the United States went to war -- Congressional acquiescence.
Diplomatic efforts to resolve the crisis had failed -- Bush demanded immediate withdrawal of Iraqi forces from Kuwait and compliance with all of the U.N. Security Council Resolutions. (26:36-37) Saddam Hussein tried to "link" his withdrawal of forces from Kuwait to a commitment to a Middle East peace conference to settle the festering and long-time Palestinian issue. (5:24) The U.S. should have negotiated with Saddam, but as will be discussed later, the U.S. Israeli lobby in Congress had its own agenda.
There were still questions about the President's policy in the gulf crisis -- why there? Why now? Why the United States? These questions were in Congress's emotional debate that ultimately gave Bush a de facto declaration of war. By 67 votes in the House and only 5 votes in the Senate, Congress granted the President authority to use military force in the Persian Gulf even though there were forceful arguments from Congressmen that the U.N. embargo against Iraq should be allowed more time to work. (17:16-17)
Congress supported the President after being forced to recognize that a defeat for Bush within days of the U.N. deadline for Iraq's withdrawal from Kuwait would have catastrophic consequences not only for the U.S. policy in the gulf, but for the international coalition against Iraq, too. (17:17) President Bush now had all the "legal" authority he needed to wage war against Iraq. Americans like to believe they do things lawfully.
THE LAW OF WAR
THE CONVENTIONS
The Geneva Conventions of 1949 for the Protection of War Victims and the Hague Convention No. IV of 1907 Respecting the Laws and Customs of War on Land were intended to be, and are, legally binding on the United States and its citizens, especially members of the armed forces. (6:1) The policy of the Department of Defense is to ensure: (1) that the law of war obligations of the United States are observed and enforced by the U.S. armed forces; (2) that a program designed to prevent violations of the law of war is implemented by U.S. armed forces; and (3) that alleged violations of the law of war whether committed by or against U.S. or enemy personnel are promptly reported, thoroughly investigated, and corrective action is taken if appropriate. (10:1)
The law of war is derived from two principle sources -- Lawmaking Treaties (or Conventions) such as the Hague and Geneva Conventions and custom which is a body of unwritten or customary law firmly established by the custom of nations and well defined by recognized authorities on international law. (12:4)
AERIAL BOMBARDMENTS
For purposes of this analysis, the provisions of the Conventions relating to bombardments will be considered.
"The attack or bombardment, by whatever means, of towns, villages, dwellings, or buildings which are undefended is prohibited." (12:19)
Of course, defended places such as forts, defended cities with military forces present or passing through, munitions factories, military supply camps, warehouses, transportation facilities, or other places devoted to support the military operations may be attacked or bombarded whether defended or not. (12:19)
The Conventions prohibit unnecessary killing and devastation:
"... loss of life and damage to property must not be out of proportion to the military advantage to be gained. Once a fort or defended locality has surrendered, only such further damage is permitted as is demanded by the exigencies of war, such as the removal of fortifications, demolition of military buildings, and destruction of stores." (12:20)
Specifically dealing with delivery of munitions from aerial platforms, the Hague Convention of 1907 said:
"There is no prohibition of general application against bombardment from the air of combatant troops, defended places, or other legitimate military objectives." (12:20)
INDISCRIMINATE ATTACKS PROHIBITED
Protocol I to the Geneva Conventions of 12 August 1949 relating to the protection of victims of international armed conflicts prohibits indiscriminate attacks on the enemy civilian populace.
"Indiscriminate attacks are:
(a) those which are not directed at a specific military objective;
(b) those which employ a method or means of combat which cannot be directed at a specific military objective; or
(c) those which cannot be limited as required by this Protocol;
and consequently, in each case, are of a nature to strike military objectives and civilians or civilian objective without distinction." (9:36)
The Protocol further states what may have the most direct application to consider of the United States' aerial bombardment of Iraq:
"Among others, the following types of attacks are to be considered as indiscriminate:
(a) an attack by bombardment by any methods or means which treats as a single military objective a number of clearly separated and distinct military objectives located in a city, town, village or other area containing a similar concentration of civilians or civilian objects; and
(b) an attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated." (9:36)
Did the United States violate the spirit and intent of the law of war relating to the bombing of Iraq? To answer this question, one must consider the air campaign over Iraq and its effects. This writer believes that the massive bombing campaigns on Iraqi civilian populated areas with "dumb" munitions probably violated the aforementioned considerations relating to the law of war.
AIR CAMPAIGN
GENERAL DUGAN WAS PROPHETIC
In September 1990, then Air Force Chief of Staff General Michael J. Dugan said that a massive bombing campaign against Baghdad that specifically targeted Saddam Hussein would be the only way to force Iraqi troops out of Kuwait. He said "the cutting edge would be in downtown Baghdad," and other targets would include Iraqi power systems, roads, railroads, and perhaps domestic petroleum-production facilities except oil fields. He also said that Saddam Hussein, himself, should be specifically targeted. (4:A14)
General Dugan went so far as to say that he asked his planners to interview academics, journalists, ex military, and Iraqi defectors to determine what was unique about Iraqi culture that they put very high value on. (4:A14)
Secretary of Defense Richard Cheney explained, after relieving General Dugan of his position, that "we never talk about targeting of specific individuals who are officials of other governments." He said that such action might be a violation of the standing presidential executive order prohibiting U.S. involvement in assassinations of foreign leaders. (23:A8)
BOMBING SADDAM AND LEADERSHIP TARGETS
Eventually Operation Desert Storm commanders ordered a massive search for an American-made motor home believed used by Hussein during a 42-day campaign to hunt down and kill him. In the opening hours of the war in mid-January, Tomahawk cruise missiles and F-117 stealth bombers destroyed command bunkers Saddam was using in Baghdad. After the bunkers were destroyed, Air Force planes were divided into teams and patrolled areas likely to be travelled by Saddam's mobile command center. (25:A24)
Saddam survived, but were U.S. forces violating the executive order prohibiting assassination of foreign leaders; or was it just war as usual?
An embarrassment to the U.S. Bombing effort was the destruction on the Amiriya shelter in Baghdad at the cost of several hundred civilian lives. "Leadership targets" were high priority for bombing to get the Iraqi military high command and Baath leadership to overthrow Saddam. (8:20)
The effort to get the "leadership" failed, and the allies were unprepared for the presence of so many innocent family members. One visibly shaken Pentagon source was asked if the victims were in fact dependents of Iraq's ruling elite, and he said, "I don't know. (Burned) women and children all look much the same, don't they?" (8:20)
EFFECTS OF BOMBARDMENTS
What were the overall effects of the U.S. air raids in the Persian Gulf War? Greenpeace, the environmental protection organization conducted interviews with international relief workers, reporters, U.S. officials, and news reports. Greenpeace's report said that over 150,000 people died as a result of the war with Iraq and at least 5 million lost their homes or jobs. (14:A10)
The majority of the bombing casualties were caused by "dumb" bombs and by the 12 million to 16 million bomblets released by an estimated 60,000 to 80,000 cluster bombs dropped by allied planes. (14:A10)
As much as the U.S. media (which was fed its information by the military) portrayed the "smart bombs" striking targets, the truth is that the majority of the munitions hurled on Iraq and Kuwait were "dumb" bombs. Allied jets dropped 88,500 tons of bombs on Iraq and Kuwait, but about 70 percent of them missed their targets. The precision-guided bombs, the icon of Pentagon briefings and the military's preferred image of the war, made up barely 7 percent of the U.S. tonnage dropped on Iraqi targets, said General Merrill McPeak, Air Force Chief of Staff. (11:A2)
A senior Pentagon official said 81,980 tons of "dumb" or unguided bombs had an accuracy of only about 25 percent. (11:A2) It is reasonable to conclude that there was a great deal of collateral damage -- not destruction of military targets -- caused by the extensive aerial bombardments of populated cities like Baghdad.
The extent of actual unnecessary death and destruction inflicted upon Iraqi non-military targets may never be known, but suffice to say that it is impossible to have conducted the awesome aerial bombardment of Baghdad and other populated areas of Iraq and not have inflicted massive civilian casualties.
AIR FORCE POLICY
The Department of the Air Force policy is that Air Force personnel will comply with the law of armed conflict (law of war) in the conduct of military operations. (3:1)
"The mass annihilation of enemy people is neither humane, permissible, nor militarily necessary. The Hague Regulations prohibit the destruction or seizure of enemy property 'unless such destruction or seizure be imperatively demanded by the necessities of war.' Destruction as an end in itself is a violation of international law, and there must be some reasonable connection between the destruction of property and the overcoming of enemy forces." (1:5-9)
Air Force policy says that collateral damage should not be excessive in light of the military advantage anticipated from the attack, and in all operations every feasible precaution should be taken to keep civilian casualties and damage to a minimum. (2:3-3)
U.S. BOMBING PROBABLY WENT TOO FAR
There have been charges that America and its allies went too far in its bombing of Iraq.
"The Washington Post... said, 'Some targets, especially late in the war, were bombed primarily to create post war leverage over Iraq, not influence the course of the conflict itself.'" (13-A16)
If one couples what the United States failed to achieve in Operation Desert Storm (e.g., to save the oil, to save the Kuwaiti people, to get rid of Saddam, and to bring peace to the Middle East) with the less than clear justification to meet "the threat" and the aerial onslaught inflicted on Iraq -- a war crimes tribunal composed of objective judges (not members of the allied coalition) might be hard - pressed to justify U.S. aerial bombardment under principles of international law.
It is probable that the war with Iraq could have been avoided if the U.S. would have considered a Middle East peace conference to discuss the Palestinian issue, but somebody needed the war. If the war was not necessary, then the bombing of the innocent civilians in the populated areas of Iraq was unnecessary; and the aerial bombardments were violations of the law of war.
CONCLUSIONS
WAR MUST BE A LAST RESORT
Before the United States goes to war, the country must be certain that the enemy is truly a "threat" to justify the awesome lethal force America can dispense to its enemies.
The American people must not allow foreign powers to use special interest groups (like American-Israel Public Affairs Committee -- AIPAC) to pressure Congress to put the American military at war. (19:A14) Israel used the U.S. to neutralize a major Arab threat in Operation Desert Storm.
UNITED STATES PROBABLY VIOLATED LAW OF WAR
Once the decision to go to war is made (and assuming it's a morally, politically, legally, and militarily justifiable decision), the United States must conduct its military operations (including aerial bombardment) in compliance with the law of war. There was much "legal talk" and "legal maneuvering" to get the United States into the war with Iraq, but there was minimal adherence to the law of war by preventing unnecessary killing and devastation.
There is no way that the United States and the allied coalition could have conducted the number of sorties they conducted on the populated areas in Iraq with the over 90 percent "dumb" munitions they used -- and not have inflicted extensive unnecessary killing and devastation. The logic is inescapable. It is highly probable that the mass aerial bombing of highly populated areas in Iraq was "indiscriminate" bombing per se; however, the public will never know because the media was restricted in its reporting of the war casualties and bomb damage assessment.
No one can criticize the outstanding execution of the battlefield operations by the American military forces, but they probably violated the law of war. Would a truly objective war crimes tribunal considering the United States aerial bombardment campaign say it complied, in all instances, with the law of war? Probably not and the U.S. government, military, and people should be concerned if America is going to go to the U.N. to get approval on future military operations.
Nations have wrestled over the decades to try to establish workable rules to govern aerial bombardments, and their efforts have been controversial and not often easy. (18:1-225) Since many of the world's nations are concerned about how aerial bombardment is conducted by belligerents, the United States needs to be concerned not only in "word" but in "deed".
WHAT THE U.S. SHOULD HAVE DONE
Should the United States have avoided armed conflict with Iraq and accepted Iraq's proposal to "link" the Palestinian homeland issue with Iraq's withdrawal from Kuwait to prevent the onslaught of Iraq? Should the United States have given the coalition embargo of supplies to Iraq more time to work? Should the United States have tried to effectuate a broad peace plan in the Middle East as it is trying to do now? Should the United States have reevaluated its relationship with Israel (who had demanded a $10 billion loan guarantee and who is continuing to settle Jews in the occupied areas contrary to U.S. and U.N. wishes) a long time ago and taken a firm stance against Israel then? (16:38-39)
The answer to these questions is a resounding YES if Americans truly believe in fair play and justice and the rule of law. Students and practitioners of the art of strategy and warfare must also consider these questions and issues because it is only when "the warrior" has intellectual discipline and integrity that he will be able to live up to what Sun Tzu said:
"... Thus, those who win one hundred triumphs in one hundred conflicts
Do not have supreme skill.
Those who have supreme skill,
Use strategy to bend others without coming to conflict..." (22:45)
The fact that the U.S. conducted the aerial bombardment of Iraq as it did shows that Americans (the people, the political leaders, and the military) still have much to learn about the morality, legality, and the art of war.
APPENDIX: UNITED NATIONS RESOLUTIONS
August 3, 1990 -- Resolution 660 -- The Council voted 14-0 to condemn the August 2 Iraqi invasion of Kuwait and demanded the immediate and unconditional withdrawal of Iraqi troops. Yemen, the only Arab member of the Council did not vote.
August 6, 1990 -- Resolution 661 -- The Council voted 13-0 to order a trade and financial embargo of Iraq and occupied Kuwait. Cuba and Yemen abstained.
August 9, 1990 -- Resolution 662 -- The Council voted 15-0 to declare Iraq's annexation of Kuwait null and void under international law.
August 18, 1990 -- Resolution 664 -- The Council voted 15-0 to demand that Iraq free all detained foreigners.
August 25, 1990 -- Resolution 665 -- The Council voted 13-0 to give the United States and other naval powers the right to enforce the economic embargo against Iraq and Kuwait by halting shipping to those countries. Cuba and Yemen abstained.
September 13, 1990 -- Resolution 666 -- The Council voted 13-2 to allow humanitarian food aid into Iraq or Kuwait only "to relieve human suffering", and said only the Council could decide when those circumstances existed. Cuba and Yemen voted against the measure.
September 15, 1990 -- Resolution 667 -- The Council voted 15-0 to condemn Iraq's aggressive acts against diplomatic missions in Kuwait, including the abduction of foreigners from the buildings.
September 24, 1990 -- Resolution 669 -- The Council voted 15-0 to stress that only its Sanctions Committee had the power to permit food, medicine or other humanitarian aid to be sent into Iraq or occupied Kuwait.
September 25, 1990 -- Resolution 670 -- The Council voted 14-1 to explicitly expand its economic embargo to include all air cargo traffic in or out of Iraq and Kuwait except for cargoes of humanitarian aid specifically authorized by its Sanctions Committee. It also called on U.N. member nations to detain any Iraqi ships that may be used to break the naval embargo. Cuba opposed the measure.
October 29, 1990 -- Resolution 674 -- The Council voted 13-0 to hold Iraq liable for war damages and economic losses, to ask nations to collect evidence of grave human rights abuses by the occupying forces, to demand that the Western embassies in Kuwait City be restocked with food and water, and to demand all hostages be released. Cuba and Yemen abstained.
November 28, 1990 -- Resolution 677 -- The Council voted 15-0 to condemn Iraq's attempt to alter the demographic character of Kuwait and asked Secretary-General Javier Perez de Cuellar to take possession of Kuwait's census and citizenship records for safekeeping.
November 29, 1990 -- Resolution 678 -- The Council voted 12-2 to authorize the use of force to expel Iraq from Kuwait
after January 15, 1991. (24:A12)
BIBLIOGRAPHY
1. AFP 110-31, International Law -- The Conduct of Armed Conflict and Air Operations, Department of the Air Force, Washington, GPO, 19 November 1976.
2. AFP 110-34, Commander's Handbook on the Law of Armed Conflict, Department of the Air Force, Washington, GPO, 25 July 1980.
3. AFR 110-32, Training and Reporting to Insure Compliance with the Law of Armed Conflict, Department of the Air Force, Washington, GPO, 2 August 1976.
4. "Air War Called Best Option By U.S. Brass", Arizona Republic, September 16, 1990, p. A14.
5. Alter, Jonathan, "Why 'Linkage' Doesn't Connect", Newsweek, January 21, 1991, p. 24.
6. AR 350-216, The Geneva Conventions of 1949 and Hague Convention No. IV of 1907, Department of the Army, Washington, GPO, 7 March 1975.
7. Armacost, Michael H., Undersecretary of State for Political Affairs in the Reagan Administration, "U.S. Policy in the Persian Gulf and Kuwaiti Reflagging", reprint of a statement before the Senate Foreign Relations Committee on 16 June 1987, Air War College Associate Studies Vol. II, LSN 33, 1st Ed., pp. 115-118.
8. Barry, John, and Douglas Waller, "What Really Happened", Newsweek, February 25, 1991, p. 20.
9. DAP 27-1-1, Protocols to the Geneva Conventions of 12 August 1949, Department of the Army, Washington, GPO, September 1979.
10. Department of Defense, DoD Law of War Program, DoD Directive 5100.77, Washington, GPO, July 10, 1979.
11. "88, 500 Tons of Bombs -- 70% Missed", Arizona Republic, March 16, 1991, p. A2.
12. FM 27-10, The Law of Land Warfare, Department of the Army, Washington, GPO, July 1956.
13. "Gulf Air-War Leader Denies Reports Allies Overbombed Iraq", Arizona Republic, June 29, 1991, p. A16.
14. "Gulf War Resulted In 150,000 Deaths, Greenpeace Says", Arizona Republic, May 29, 1991, p. A10.
15. Hartmann, Frederick H. and Robert L. Wendzel, "Defense Planning Problems", reprint from Defending America's Security, 1988, pp. 132-149, Pergamon-Brassey's International Defense Publishers, Inc., Air War College Associate Studies Vol. I, LSN 6, 1st Ed., pp. 241-250.
16. Lane, Charles, et al., "A Marriage On The Rocks", Newsweek, September 30, 1991, pp. 38-39.
17. Morganthau, Tom, et al., "Bracing for War", Newsweek, January 21, 1991, pp. 16-19.
18. Parks, W. Hays, "Air War and the Law of War", Air Force Law Review, Vol. 32, No. 1, 1990, pp. 1-225.
19. "Pro-Israel Lobbyists Quietly Backed Resolution Allowing Bush to Commit U.S. Troops to Combat", Wall Street Journal, January 28, 1991, pp. A14-A15.
20. Schwartzkopf, Gen. H. Norman, Commander in Chief, United States Central Command, reprint of a Witness Statement Before the Senate Appropriations Committee on March 6, 1990, Air War College Associate Studies Vol, II, LSN 33, 1st Ed., pp. 80-103.
21. Students' discussion in Air War College seminar number 058A, 1991.
22. Sun Tzu, The Art of Strategy, translated by R.L. Wing, New York, Doubleday, 1988.
23. Thompson, Mark, "Air Force Chief is Fired", Arizona Republic, September 18, 1990, pp. A1, A8.
24. "The U.N. Resolutions Against Iraq," Washington Times, February 22, 1991, p. A12.
25. "U.S. Led Iraq Hunt For Motor Home Carrying Saddam", Arizona Republic, June 23, 1991, p. A24.
26. Watson, Russell, et al., "Why Diplomacy Failed", Newsweek, March 4, 1991, pp. 36-37.
27. Woodward, Bob, The Commanders, Simon and Schuster, 1991.
|
|
|
By Joseph E. Abodeely Presentation to Phi Alpha Delta Pre-Law Students (ASU) (February 12, 2002) PATRIOTISM A "patriot" is a person who loves, supports, and defends his country. America is my country. I love America. I was a combat infantry unit commander in the 1st Air Cavalry Division during the bloody Tet Offensive of 1968 in what used to be the Republic of South Vietnam. My country wanted me to fight the spread of Communism in Southeast Asia, and I supported my country at the risk of life, limb and psyche. When I returned back to "the world", as we used to say, I joined the Arizona National Guard, got my law degree, and became a Judge Advocate General (JAG) officer studying and giving classes on the Law of Land Warfare, rules of engagement (ROE), and terrorism. I eventually was assigned as Chief, Law Branch, Military Police Operations Agency at the Pentagon giving legal advice regarding Army Policy. I prepared documentation delineating U.S. Army Military Police Operations Agency Responsibilities for reporting and investigating war crimes which "significantly clarified Army Policy" and documents on terrorism. I retired as a Colonel after 30 years of serviceactive and reserve. When I was first sworn in as a new 2nd Lieutenant, I swore to defend the U.S. Constitution against all enemies, foreign and domestic. A flag lapel pin does not make one a patriot. I am a patriot.
AMERICA I love America. To me, what symbolizes America the most is the Bill of Rights in the U.S. Constitution. Every citizen, and almost every other person subject to the laws of America, has certain inalienable rights. Our freedom stems from those first 10 Amendments to the Constitution. We have the right to worship or not worship as we choose, and the government cannot force us to pray or not pray. We have the right to free speechwe can and should criticize the government when it does not represent our interests. We have a free press, which means the government does not control it, but it is strongly influenced by other special interest groups. We have the right to assemble and associate and to petition the government for a redress of grievances. We have the right to bear arms. The 9th U.S. Circuit Court of Appeals says its a collective right left to the states and National Guard, but I think the more enlightened view comes from the 5th Circuit Court of Appeals which held it is an individual right to keep and bear arms of each citizen. An armed citizenry may be the last hope of a once free society against a tyrannical government should that situation occur. We have the right to privacy, freedom from unlawful searches and seizures and eavesdropping and wiretaps, and the right to have a neutral judge, not a police officer, determine if there is probable cause to conduct a search. We learned the hard way from the British who dominated and terrorized our forefathers how armed men could invade our homes or conduct phony searches based on general warrants. We have a right to be charged by a grand jury and to not have to say anything to incriminate ourselves if we are in custody and to not have our property taken from us by government without just compensation. We have the right to a speedy and public trial by an impartial jury and to know the nature of the accusation and to confront accusing witnesses and to call witnesses on our behalf and to have the assistance of an attorney. Everybody charged with a crime in our society has these rights. We have the right not to have excessive bail or be subjected to cruel and unusual punishment. Every citizen and person subjected to our laws has the right to due process of law and to equal protection under the laws. The founders of this great country had just come out of a terrible war for independence, and they wanted the citizens of this new country to be protected from oppressive governmentduring war, during peaceall the time. This is what America is supposed to be aboutfair play and justice for everyone all the time. America is great because America is good. This is what America means to mewhat I think it was intended to bewhat it must continue to be if it is to remain great. TERRORISM AND INTERNATIONAL LAW On September 11, 2001, some Egyptian and Saudi Arabian nationals commandeered four commercial airliners and flew two of them into the Twin Towers at the World Trade Center in New York and flew one other into the Pentagon. There was extensive loss of lives and property damage at the sites. The fourth plane crashed in Pennsylvania killing the passengers and terrorists on board. These were acts of "terrorism" under the laws of the United States, but there is no international crime under any international criminal code called "terrorism". The FBI defines terrorism as "the unlawful use of force or violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof in furtherance of political or social objectives". The U.S. Army defines terrorism as "the calculated use of violence or the threat of violence to attain political, religious, or ideological goals by instilling fear or using intimidation or coercion". (Army Regulation 190-52). Under federal law, 18 U.S.C. §2331 defines "international terrorism" as "activities" that involve violent acts or acts dangerous to human life that violate U.S. criminal law if committed in the U.S. or would be a criminal violation if committed in the U.S. and appear to be intended to intimidate or coerce a civilian population or influence the policy of a government by intimidation or coercion or to affect the conduct of a government by assassination or kidnapping and occur primarily outside the territorial jurisdiction of the United States. Thus, the terrorists of the 9/11 bombings, had they survived, could have been prosecuted under U.S. domestic criminal law. A difficult issue for the prosecution would have been the motive of the "terrorists" because if their intent were not to intimidate the civilian population or to influence the policy of the government, then they were simply murderers, arsonists, and destroyers of propertybut not "terrorists". Criminal prosecution of the Taliban captured in Afghanistan, if these cases are tried in federal court, will encounter this issue. Another issue facing prosecution of the Taliban is to try them in federal court or before military tribunals. Are the Taliban "criminals" or prisoners of war? The Bush administration says the Taliban are not prisoners of war yet they were captured in a "war". How often have you heard the statement that we are at war? But that creates a problem. If the Taliban are POWs, they must be treated humanely, not drugged or tortured, and when the war is over; they must be repatriated to their homelandAfghanistan. We have been told that the war is over, that we won, that all the Taliban have been defeated, that the new government that we put in place has everything under control. The truth is that the Taliban are not all gone, the new government is comprised of former drug lords and has constant infighting. The U.S. military has been accused of killing and torturing innocent civilians, and to quote an old expressionthere does not appear to be a light at the end of the tunnel. If the Taliban are not POWs, then why are we holding them? Did they aid and abet the Al Qaeda cells? Are the Al Qaeda going to be tried in federal court for committing acts of terrorism as they relate to the 9/11 bombings? Imagine the evidence required and the elements of proof. Now one understands why Bush wants to try people before military tribunalscommand influence, majority vote of board members, relaxed rules of evidence, no right to appealbasically a kangaroo court. If the Al Qaeda or the Taliban have committed crimes against humanity or acts of genocide, then they can be tried before the International Criminal Court, but the international community has not rallied to the great crusade of the United States. Why? Because the U.S. has lost its credibility regarding the issue of human rights. It has ignored principles of international law and invaded foreign soil in its "war on terrorism", and it has threatened to invade other countries to include the "Axis of Evil"North Korea, Iran, and Iraqto the distress and anger of the vast majority of the international community. The United States and the international community have been on a collision course, and the actions and arrogance of the U.S. lately has caused nations like Russia, China, and even members of the European Union to speak out in criticism of U.S. foreign policy.
THE 9/11 RESPONSE When the 9/11 bombings occurred, the world was in shock. It was a masterful terrorist attack which caused extensive loss of lives and property damage. It also "terrorized" the U.S. populace and government. The country was in a recession, ENRON was looming on the horizon, Bush had not distinguished himself in any way as President. Israel was taking much criticism for adding new "settlements" on Palestinian land. The Palestinians had been subjected to state sponsored terrorism by the Israelis for half a century with the assistance of the United States. The United Nations kicked the U.S. off the Human Rights committee, and there have been numerous U.N. resolutions condemning the actions of Israel against the Palestinians. The U.S. has always protected Israel with its vote in the Security Council. Israels strong lobby in the U.S.AIPAC (American Israel Public Affairs Committee) has a stranglehold on our Congress such that one sees unanimity among hawks and doves, Republicans and Democrats, when it involves an issue affecting Israels interest. Many avoid criticizing Israel out of fear of political reprisal or out of fear of being called anti-Semitic. For example, Israel, the Bush administration, and the media have made much ado about Iraq making weapons of mass destruction and how it should submit to international inspectors or face the consequences of attack by the United States. Mr. Ritter, one of the former U.N. inspectors in Iraq, has stated publicly that he knows that Iraq does not have functional weapons of mass destruction. On the other hand, the Palestinians who are being subjected to genocide, who are having their land stolen, who are subjected to torture, who are denied basic human rights to work or pray or have medical attention or travel have asked the international community to put inspectors in Israel and Palestine to observe what is going on to tell the world the truth. Israel, with the support of the United States, refuses.
CONCLUSION If the U.S. is arrogant because it has the power, if we ignore the warnings of our friends, we may be standing alone. Israels present government under Ariel Sharon is criminally oppressive over the Palestinians. The U.N. Human Rights Commission has condemned Israel for crimes against humanity. Americas complicity with Israel is only tolerated by the rest of the world because of Americas military strength and serves as a rallying cause for Middle Eastern terrorists. The "war on terror" looks like the Jews and Christians are on a new crusade against the Muslin world. What is even more distressing to me is that America has compromised its values against its citizens and others in this country. The word "terrorist" is now code for Arab or Muslim. Our government is singling out these people for deportation. People have been held in custody for months without charges being filed simply because they were of Arab descent. The Anti-Terrorism Bill takes away civil rights of people simply suspected of being a terrorist. The lawyer-client privilege is abrogated for suspected terrorists. The public has been brainwashed to believe that terrorist means Arab-Muslim. Airport security has become a circus under the guise of protecting the public while female passengers are being "felt up". The government has scared the public with terrorist alerts, but the truth is that one
is more likely to be killed in an automobile accident than by a terrorist. Why dont
we have daily alerts about driving in traffic so we can become a totally paranoid
populace? To stop terrorism, we must deal with the root causes of terrorism. We should
fight terrorism, but not at the expense of our freedoms. |
AIR WAR COLLEGE ASSOCIATE STUDIES
AIR UNIVERSITY
CENTCOM 2000
by
Joseph E. Abodeely
Colonel, USAR
Phoenix, Arizona
A "THINK PIECE" SUBMITTED TO THE FACULTY
IN
FULFILLMENT OF VOLUME II
February 1992
CERTIFICATE
I have read and understand the Academic Integrity Section of the Program Guide. I certify that the creative process of researching, organizing, and writing this "think piece" represents only my own work.
______________________________
Joseph E. Abodeely
DISCLAIMER
This "think piece" represents the views of the author and does not necessarily reflect the official opinion of the Air War College or the Department of the Air Force. In accordance with Air Force Regulation 110-8, it is not copyrighted but is the property of the United States government and is not to be reproduced in whole or in part without permission of the Commandant, Air War College, Maxwell Air Force Base, Alabama.
TABLE OF CONTENTS
SECTION 058A
PAGE DISCLAIMER............................................ ii
I. INTRODUCTION..................................... 1
II. UNITED STATES CENTRAL COMMAND.................... 2
MISSIONS AND AREA OF RESPONSIBILITY.............. 2
IRAN, IRAQ, AND SYRIA............................ 3
LEBANON.......................................... 4
ARABIAN PENINSULA................................ 5
ISRAEL........................................... 7
III. FACTORS AFFECTING CENTCOM BY 2000................ 10
PEACE TALKS...................................... 10
U.S. - ISRAEL RELATIONS.......................... 11
OTHER FACTORS.................................... 12
IV. NATIONAL MILITARY STRATEGY....................... 16
POLICY OBJECTIVES................................ 16
U.S. FORCE STRUCTURE AND JOINT DOCTRINE.......... 17
V. CONCLUSIONS AND RECOMMENDATIONS.................. 21
APPENDIX A: ALLIED FORCES IN THE GULF THEATER... 24
APPENDIX B: MEDIA REPORTS REGARDING ISRAEL...... 26
APPENDIX C: UNITED NATIONS RESOLUTIONS.......... 31
BIBLIOGRAPHY..................................... 34
Chapter I
INTRODUCTION
The United States Central Command (USCENTCOM) has an area of responsibility (AOR) which is probably one of the most volatile and potentially dangerous areas of the world.
The AOR includes what is called the Middle East or Southwest Asia, and Operation Desert Storm was recently conducted in the CENTCOM AOR. Other threats and controversies have been associated with the Middle East--a Palestinian homeland, Israeli occupation of Arab territories in violation of United Nations Resolution 242, terrorism, hostage taking, occupation of Lebanon, and constant armed conflicts.
This paper will cover factors affecting changes in the region and the changes, themselves, around the year 2000; threats and changes to national objectives which will influence USCENTCOM's mission; and analysis of deficiencies of current national military strategy, joint doctrine, and U.S. force structure to successfully accomplish the mission to 2000.
Chapter II
UNITED STATES CENTRAL COMMAND
MISSIONS AND AREA OF RESPONSIBILITY
USCENTCOM became a unified command on January 1, 1983 after evolving from the Carter Doctrine and the Rapid Deployment Joint Task Force. CENTCOM has three primary U.S. foreign policy objectives in the Middle East: (1) to maintain access to oil (77 percent of the Free World's oil reserves exist there), (2) to protect the free flow of primarily maritime commerce in the region, and (3) to limit Soviet influence. (11:1)
CENTCOM's Area of Responsibility (AOR) is one and one- half times larger than the United States and has 380 million people in 19 countries. It is so expansive that the western flank extends from Egypt to Kenya on the west side of the Red Sea on the African continent. All of the Arabian Peninsula is in the AOR including Jordan. Four countries--Iraq, Iran, Afghanistan, and Pakistan--are a multi-state buffer between the oil fields and what used to be the Soviet Union. The AOR's east-west expanse extends from China's and India's borders to Libya. (11:1)
The 19 countries within CENTCOM's area of responsibility are Pakistan, Afghanistan, Iran, Iraq, Saudi Arabia, Kuwait, Bahrain, Qatar, United Arab Emirates, Oman, South Yemen, North Yemen, Jordan, Egypt, Sudan, Ethiopia, Djibouti, Somalia, and Kenya. (Note that Syria, Lebanon, and Israel are in the European Command's AOR. When CENTCOM was formed, these three countries were not put in CENTCOM's AOR due to the animosity between Israel and the Arab states. (10:10-16) Because of their obvious proximity and influence in the region, Lebanon, Syria, and Israel will be considered with the CENTCOM countries in this paper.)
When one considers common sense, intuition, and recent headlines, the Middle East (which is in CENTCOM's AOR) is the world's most dangerous trouble spot. (8:27)
IRAN, IRAQ, AND SYRIA
The Iran-Iraq Gulf War of 1980 to 1988 was a flare-up of an old conflict between the Persians and their western neighbors over control of the Tigris and Euphrates rivers, the Shatt-al-Arab. The conflict has recurred with regularity since around 500 B.C. (8:96) Iran's problems stem from its "Islamic revolution" (Shiite Muslims).
Iraq, geographically centered, distrusts all of its neighbors; and even as it invaded Kuwait and became the target of an awesome allied forces, the Iraqi Baath regime still conducted war against the Kurds. (8:97)
Iraq was perceived as a threat to its neighbors and to U.S. interests and was ultimately devastated by the coalition of allied forces and their resources. (6:64) (See Appendix A).
Syria confronts Israel to the west and is embroiled in Lebanon. Syria has a real worry about Iraq, its centuries-old rival, which the Syrian Alawite (and Syrian Baath) regime regards as the second most regional enemy after Israel. (8:97)
Water may become an important factor influencing the politics and potential warfare in the region because Syria sits astride the Euphrates River, and Syrian dams back up water that Iraqis believe belongs to them. If access to the Euphrates River water becomes an issue of survival, Syria and Iraq, former Gulf War rivals, could become allies against Turkey, which controls Syrian access to the Euphrates. (8:97)
LEBANON
The current conflict in Lebanon is extremely complex. Lebanon in the 1940s through the 1960s had Maronites, Greek Orthodox, Sunni Muslims, and Shiites living together as in a Middle East Switzerland. Arab princes and businessmen from orthodox Muslim countries cavorted and did business, and the underground trade with Israel flourished; but displaced Palestinians living in refugee camps were not part of the major political and business activities, nor were the Syrians who envisioned Lebanon as an integral part of "Greater Syria". (8:38) The volatile consensus turned into armed fragments.
At the core of the conflict in Lebanon are three major issues: What should be done with the Arab Christians including a substantial minority of the Palestinian Christians? Where should the Palestinians go since the creation of Israel? How will the imperial ambitions of Syria be stopped or accommodated? (8:38)
Without going into detail, and to merely give a "flavor" of who is involved and the local politics of the Lebanese conflict -- here are some of the "players": Syria, Israel, Israeli-Arab Allies, Shiites, Iranian-controlled Shiites, Maronite Christians, Druze, Sunnis, Palestine Liberation Organization (PLO), PLO factions, Palestinians, Greek Orthodox, Armenians, Melchities, Protestants, United Nations, France, United States, Russia, and Iraq. (8:39-42)
ARABIAN PENINSULA
The Strait of Hormuz is the narrow channel between the tip of Oman and Iran. Oil tankers traverse the Omani side where the water is deepest. The strait narrows to fifty kilometers in width and is extremely vulnerable to antiship missile batteries firing Exocet-type missiles or long range guns sited on nearby islands. Mines have been the weapons of choices--for example, Iran's mining of the Persian Gulf shallows during its war with Iraq. (8:135-196) CENTCOM's mission relates directly to keeping the oil flowing through the Strait of Hormuz and will continue through the year 2000.
Historically, the Persian Gulf has been the site of strategic and regional conflict because of the United States, Japan's, and Western Europe's battle with the former Soviet Union over control of the oil-supply lines and because of various petty but deadly intertribal and ethnic squabbles that have existed for centuries. (8:138) The future holds the same potential for war.
Other factors adding fuel to the fire in the region include monarchism, geostrategic change, Islamic values and beliefs in a modern world, and the impact of wealth brought by oil -- these factors effect Saudi Arabia, the United Arab Emirates (UAE), Bahrain, Qatar, and others on the Arabian Peninsula. (8:134)
Saudi Arabia relies on the United States as the guarantor of its existence even though the Saudis dislike the West and the presence of non-Islamic foreigners in their nation. It must be remembered that the two holiest cities of the Islamic faith, Medina and Mecca, are in Saudi Arabia. (8:140)
Saudi Arabia is the dominant oil rich country (one of six) in the Gulf Cooperation Council (GCC) which was formed in 1981 in response to Iran's threat. Saudi Arabia, Kuwait, and the United Arab Emirates have forty percent of the world's known oil reserves. Bahrain, Qatar, and Oman are the other three members of the GCC. The governments in five of the six gulf states are Sunni Muslims. (10:12)
It is interesting to note that there was great concern during the Iran-Iraq war that if Iraq fell, Iran would pursue its Islamic fundamentalist movement throughout the Arabian Peninsula. (10:12) This concern may explain why the United States and the coalition forces did not devastate Iraq more than they did -- to leave a buffer against Iran. This may also account for, in part, why Saddam Hussein was not assassinated by allied forces; but Operation Desert Storm proved the United States resolve to protect the Arabian Peninsula and its valuable oil reserves and the free flow of oil.
ISRAEL
After WWI, Britain's 1917 Balfour Declaration promised the Jews who had settled in the Ottoman-controlled Palestinian region a "Jewish home", but they promised the Arabs their own states, too. The WWI defeat of the Ottomans left the Arabian Peninsula and the Holy Land vulnerable to any politicians desiring to draw new maps. Many Palestinians went to Jordan, Israel, Lebanon, and Syria; and riots and armed battles occurred between Arabs and Jews in the 1920s. As time passed, Jewish leaders demanded that they be given a Jewish homeland pursuant to the Balfour Declaration. Although the British and French tried to stall a response to the demand, Hitler's Holocaust made Western opposition to a Zionist state impossible. Irgun terrorism against the British prompted the creation of Israel. (8:67-68)
The Arab League did not agree that the Jews should get their homeland. Palestine, in their view, had been Arab since the prophet's imperialist forces overran the Jordan Valley except for that period when the Latin Crusader states occupied the area for a couple of centuries. Israel appeared to be Jewish Crusaders backed by the West -- the United States, ultimately -- with weapons, money, and strong moral support. The situation was natural for the Arabs to get their support from what was then the Soviet Union. (8:67-68)
Regarding a historic, Biblical, moral, or legal claim to Palestine -- Palestinians are primarily descendants of those Semites who occupied Palestine from time immemorial -- the Canaanites and other Semitic tribes. They are also descendants of Jews who were taken into captivity by the Assyrians or the Babylonians and ultimately absorbed by the remainder of the population. They also include the descendants of those non-Semites who may have remained behind after the Persians, Macedonians, Romans, and other conquerors had been driven out by the Arab invasion and who were completely Arabised by that invasion, including the remnants of the Crusaders. The Ottoman Muslim rule which lasted 400 years and which ended in 1917 did not alter the Arabic or Muslim structure of the people of Palestine. (5:6-7)
The point, arguably, is that contemporary Jews have no compelling religious, historical, moral, or legal claim to Palestine; they occupy the area as a result of sympathy for the Holocaust and by use of armed and often brutal, force, This historical tension between the Arabs and Jews, the Palestinian issue (a homeland), and Israel's refusal to withdraw from the areas it seized in the 1967 war pursuant to United Nations Resolution 242 are factors which can draw United States armed forces into armed conflict in the region especially since the U.S. has taken an often irrational support role toward Israel.
Israel's hard-line militant policies are appealing to Sephardic Jews who have been oppressed under Arab or pro-Arab regimes and who support the Likud, Begin's and Shamir's party. The various factions of the Palestine Liberation Organization (PLO), the "intifada" (Palestinian attempt to throw off their oppression), deep-seated religious differences, terrorism, a rapidly growing Arab population, and a horrendous inflation rate all are factors which suggest that a war involving major regional powers and nuclear arms involving Israel is a very dangerous possibility. (8:60)
Chapter III
FACTORS AFFECTING CENTCOM BY 2000
PEACE TALKS
The fact that Middle East peace talks occurred in Madrid, Spain and in Washington, D.C. shows promise for peace in the region. Even though Israel initially threatened to not attend the meeting in Washington, U.S. leaders forced Yitzak Shamir's hand on the peace talks and did not give him time (when he was in Washington) to explain Israel's ten billion dollars loan needs for financing immigration of Soviet Jews. (17:A8)
While the peace talks were being planned, Israel announced that it would deport a dozen Palestinian activists. That decision temporarily disrupted plans to resume Mideast peace talks in Washington because Palestinian delegates planned to not attend. (24:A1) Syria, Jordan, and Lebanon joined Palestinians in delaying the departure of their negotiators for talks with Israel because of the decision to expel twelve Palestinians from occupied Arab territories. (4:A19)
On the eve of a new round of Middle East peace talks in Washington, the United States joined the United Nations Security Council in strongly condemning Israel's planned deportation of the twelve Palestinians. The fifteen members of the council voted unanimously to condemn the expulsion orders, calling them a violation of international law. They also asked Israel to halt all deportations and to allow deportees to return. The United States which had used its veto to shield its ally, Israel, so many times in the past, joined in council criticism of expulsions of Palestinians several times over the past year. (42:A8)
If the peace process would only proceed in good faith, there is a possibility that peace can be achieved at least as to the Palestinian issue; and Israeli peace negotiators said that they would be ready to bargain with Palestinians over limited self-government in the West Bank and Gaza Strip. (19:A11) The problem is that Israel's actions around the time of the peace talks (deportations) and at other times (to be discussed) belie an attitude desirous of peace. Jordan's King Hussein has stated publicly that he believes that Israeli leaders even "fear peace". (22:A23)
U.S. - ISRAELI RELATIONS
Israel is a key to peace in the most dangerous region of the world. The United States and how it handles Israel is even a greater key to peace in the region and the whole world if the U.S. chooses to be ingenious, tough, and fair. Because of the historical and religious ties between the U.S. and Israel (e.g., the Judeo-Christian commonality), because many Jews have been quick to label any criticism of Israel's policies as "anti-Semitic", and because the Israeli lobby (American-Israel Public Affairs Committee -- AIPAC) has such a strong influence on the U.S. government (especially Congress), U.S. policy in the past has been loathe to criticize or not support Israel and the U.S. continues to give weapons, money, and moral support to Israel. AIPAC was instrumental in swinging the votes necessary in Congress to authorize President Bush to go to war against Iraq. (37:A14-15)
It often appears that Israel does not want peace in the region; and despite President Bush's plea for restraint in weapons sales to the Middle East, the U.S. has trasferred approximately six billion dollars in arms to the region as reported by the Arms Control Association, a private research group. (32:A8) Thus, some may say the U.S., Israel's arch ally, does not want peace in the Middle East.
Israel's luster has become tarnished as the American Congress, President, and people have become more aware of how Israel operates and how what goes on in the Middle East does affect Americans at home. Probably the best way to illustrate the point is to study some media reports which are the only "intelligence" information most Americans will receive to learn of some of Israeli intransigence. (Appendix B)
OTHER FACTORS
Other factors which impose threats to CENTCOM's AOR include Iran's role in the region, Saddam Hussein's goals, Syria's goals, etc. The region is a powder keg waiting to explode, and the U.S. can either wait and watch it ignite or it can be a "broker" for peace in the region.
Because of the U.S. policy not to sanction Israel, Israel acts; and other armed factions and countries in the region react. It appears that Iran is going to retaliate against Israel, and this could mean more "terrorism" and possible hostage taking. Israel and Syria are two of the military giants in the region with Israel having 104,000 men under arms, 3,800 tanks, 11,000 armored fighting vehicles, and 1,400 artillery pieces while Syria has 300,000 men, 4,000 tanks, 4,300 armored fighting vehicles, and 1,650 artillery pieces. (45:110-111)
Perhaps one of the scariest factors posing a threat to CENTCOM is that as the old Soviet Union broke up, some of the states in the Commonwealth of Independent States (CIS) still had tactical nuclear weapons. Shorter range tactical weapons could become "loose nukes". The Soviet arsenal contained about 15,000 of them (missiles, bombs, mines, and artillery shells). These weapons are portable and subject to less elaborate controls than are strategic missiles. (44:32)
If tactical nuclear weapons in the hands of C.I.S. states (which are predominantly Muslim) wind up in the hands of their radical Muslim brothers in CENTCOM's AOR -- a holocaust could occur. A tactical nuclear device capable of being detonated in a vehicle, a building, or a vacant lot becomes the ultimate "terror toy".
What used to be Soviet Central Asia (which include Kazakhstan, Uzbekistan, Kyrgyzstan, Tajikistan, and Turkmenistan) may become a new geopolitical battleground. Turkey, Iran, and Saudi Arabia are the chief rivals for influence with the five resource-rich Central Asian republics. They are vying for access to markets, gold, cotton, and natural gas; and they are also racing to win the hearts and minds of more than fifty million Muslims newly released from seventy-four years of totalitarian rule. (36:28) A unified Islamic region from Soviet Central Asia extending through CENTCOM's AOR could pose a threat by 2000.
Turkey, a Muslim country, market-oriented and friendly to the U.S., has a head start on its rivals with its various projects; Iran, a close second, has a tenacious anti-American bent; Saudi Arabia wants to give Islamic services to people deprived of them for seven decades. (36:28-29)
Thus, the U.S. needs to get involved (economic development) to counter this new specter of a resurgent Islam with access to nuclear weapons. Recently an Italian undercover operation seized a small sample of plutonium-229 (part of a larger load), probably of Soviet origin, and probably destined for Iraq or Libya. (35:29) "Loose nukes" pose a threat for the future.
It has been reported that Libya tried to hire two Russian experts for its nuclear program, but the scientists turned down the offer because they were not offered enough money. (31:A11)
Pakistan has recently announced that it has the capacity to make an atomic bomb. (33:B12)
Iran has quietly bought billions of dollars worth of advanced fighter planes and tanks from Russia and other former Soviet republics raising fears that it could replace Iraq as the biggest menace to peace in the Persian Gulf. (14:A2) Iran finances Hezbollah, the Shiite Muslim guerrilla group. It is the parent movement for extremist factions that held most of Western hostages in Lebanon and was responsible for a suicide bombing that killed hundreds of U.S. Marines in Beirut in 1983. (13:A2)
Iran has established bases in Sudan to train fundamentalist Muslim rebels, and this has caused consternation for the U.S., Egypt (Sudan's northern neighbor), and Tunisia (worried about terrorism). (12:A11)
Chapter IV
NATIONAL MILITARY STRATEGY
POLICY OBJECTIVES
JCS Publication 1-02 defines national military strategy as "the art and science of employing the armed forces of a nation to secure the objectives of national policy by the application of force or the threat of force." Thus, CENTCOM's three objectives -- to protect the oil, to protect maritime commerce, and to limit Soviet influence -- as a part of national military strategy are to be accomplished with military force or threat of its use. The first two objectives (protect the oil and shipping) are even more critical and complex today due to the jockeying for position as "leader of the pack" by some of the "players" -- whether a nation-state or a small, zealous, armed faction.
U.S. strategy and policy in the CENTCOM AOR have had another objective in the region: the protection and support of Israel at all costs. In the past, the U.S. has looked the other way when Israel, like an errant child, misbehaved; and the numerous votes of the U.S. and Israel (against the rest of the nations) in the U.N. often illustrated the point.
It appears that in recent times the U.S. has taken a more objective stance in dealing with Israel as shown by its "brokerage" of the Middle East Peace talks and its condemnation of the deportation of Palestinians. Still, the U.S. must do more for the best interests of the U.S. -- not Israel. If, in order to control Israel, the U.S. must cease giving weapons, money, and moral support, then it must do so. If the U.S. does not have the will to act decisively or cannot act in this regard, as stated previously, the Middle East is a powder keg waiting to explode. The real problem is that the explosives may not be dynamite, but nuclear.
Desert Storm should be the vehicle for the U.S. to take this initiative and continue to aggressively exploit its positive relationships with the Arab states who were part of the coalition against Iraq to bring peace to the region.
U.S. FORCE STRUCTURE AND JOINT DOCTRINE
It has been said that the U.S. is the only Western power that can intervene in the Persian Gulf region in a moderate to high level conflict; but it will be critically limited by the availability of bases and facilities in the area; and the size of the U.S. forces committed will be limited by strategic and airlift capabilities. (7:109)
Desert Storm proved that other Western and Arab powers can intervene in the region, but under the aegis of the U.S. The victory of Desert Storm should not lull the U.S. into believing it will be so lucky to have a future foe in the region who will allow the U.S. several months to transport its military personnel and materiel to the locale to do battle. Nor should Americans believe that future wars in the region will be as bloodless as was the war against Iraq. (6:206)
If the U.S. must respond to future contingencies, it will need the same kinds of forces and equipment used in Desert Storm. It will especially need more sealift capability to get more U.S. tanks there to defend the troops from enemy armored attacks and more anti-mine and amphibious operations capabilities. The 82nd Airborne and the Marines got to Saudi Arabia (Desert Shield) quickly but were vulnerable to armored attack. Eight fast sealift ships took nearly a month to transport the 24th Infantry, a mechanized division. (41:20-21) Army divisions will be smaller, but need to be an effective mix of armor, light infantry, and airmobile. "Airborne" should be smaller numbers.
Because of the various strains on the U.S. economy, the military budget will be cut, and personnel and weapons systems will be cut dramatically. The U.S. will have to do more with less, but better, in 2000.
There needs to be new thinking in all of the services in terms of accomplishing missions -- use of hi-tech equipment as shown by Desert Storm, more sealift, intelligent and effective use of air power, less use of strategic missiles and bombers, more use of reserve forces, and more emphasis on "intelligence". Force structure will be reconstituted and "joint operations" will be the rule -- not the exception.
To strengthen intelligence support to combat commanders, the Department of Defense is combining the analysis of Unified and Specified Combatant Commands and their components into Joint Intelligence Centers (JICs) under the control of designated Unified and Specified Commanders in Chief (CINCs). This will save resources by cutting duplicative efforts and will strengthen support to the CINCs and components through improved efficiency. (3:6) The Defense Intelligence Agency will also be strengthened. (3:6)
Relating to "intelligence" and possibly other innovative missions is the use of unmanned aerial vehicles (UAVs). UAVs are less expensive than full sized aircraft, can be mounted with various sensors (radar, cameras, infrared detectors), involves no risk of loss of human life, and can even be armed. (40:119)
Because there will be major personnel reductions in all the services, the reserve components will be more integrated into operational requirements. Individual mobilization augmentees (IMAs) can meet future mission requirements at reduced costs as troop program units (TPUs) and their personnel are cut back.
Military attorneys should be more readily available to perform missions for military personnel and to act as operational advisors to commanders. Certain corporate operations integrate legal counsel on a frequent basis; military operations should do the same because of the "CNN factor".
Special operations forces (SOF) will greatly support CENTCOM missions through 2000. SOF were used in Desert Storm with great success.
The bottom line is that force structure and equipment for future CENTCOM missions will have to be "reconstituted", capable of rapid deployment to the AOR, be "high-tech", be armor and mechanized infantry oriented for ground warfare; "intelligence" will be improved; and the doctrine will be "joint operations". Through 2000, air power will be similar to that used against Iraq, but the Air Force command structures will be stream-lined.
Chapter V
CONCLUSIONS AND RECOMMENDATIONS
The history of the Middle East (CENTCOM's AOR) clearly is a guide for the future -- there has been, is now, and will be armed conflicts in the AOR through 2000. Regional wars, terrorism, hostage taking, and the horrendous possibility of a nuclear detonation are all contingencies for which CENTCOM must be prepared and have a forward presence.
CENTCOM force structure must be capable of rapid deployment and crisis response; the present prepositioning of materiel in the region must be maintained and enhanced; there will be a greater reliance on "hi-tech" weapons and a combination of active and reserve forces because the U.S. ecomomy cannot afford opulent expenditures on national defense; and the U.S. will have to become more internationally politically involved in the Middle East -- the "coalition" concept.
The U.S. relied on the United Nations extensively prior to executing Desert Storm as evidenced by the U.N. resolutions posed prior to going to war (Appendix C); and recently, world leaders who met at the first Security Council summit in history, pressed the United Nations to have a stronger role in dealing with crises, protecting human rights, peacemaking, peacekeeping, and arms control. (38:A13) It should also be remembered that the U.N. chose Butros Ghali of Egypt (an Arab) as the Secretary General. (2:A2)
Thus, the U.S. will have to deal with the Arab mindset and culture in CENTCOM and in the U.N. more than before. Principles of international law will be touted more than before because of an increased role by the United Nations. Military lawyers, knowledgeable in international law, expecially the "law of war", will be invaluable to CENTCOM. They were everywhere during the Gulf War working in headquarters of CENTCOM, sleeping in the sands alongside troops in the field, negotiating host-nation agreements, and advising commanders on the legal implications of targeting decisions and weapons use. (30:52)
"Warriors" knowledgeable in the customs, values, and history of the Middle East will also be invaluable to CENTCOM's mission. More U.S. military personnel should be trained to speak, read, and write Arabic and to learn about the Arabic culture as we learned about the "Soviets". These "warriors" must also be "joint doctrine" oriented -- they need to know and work with their "sister" services.
Whether the U.S. goes to war or promotes peace in CENTCOM, the U.S. will have to establish itself as a "player", not as an antagonist, in the Middle East. The potential consequences are too devastating for the U.S. to ignore a more pro-Arab posture in the region. No country, including Israel, is worth the risk of nuclear holocaust, especially when that "country" may be a significant part of the problem. Rethinking this particular issue will be the U.S.'s most difficult policy challenge.
APPENDIX A
ALLIED FORCES IN THE GULF THEATER (6:64)
AFGHANISTAN ...... 300 Mujahedin troops
ARGENTINA ...... 1 destroyer, 1 corvette, 2 air force transport planes
AUSTRALIA ...... 1 guided-missile destroyer, 1 frigate, 1 supply ship, 2 surgical teams
BAHRAIN ...... 3,000 troops
BANGLADESH ...... 6,000 troops
BELGIUM ...... 1 frigate, 2 minesweepers, 2 landing ships, 1 supply ship, 6 C-130 transport planes
BRITAIN ...... 43,000 troops, 6 destroyers, 4 frigates, 3 minesweepers, 5 support ships, 168
tanks, 300 armored vehicles, 70 Tornado and Jaguar combat jets
CANADA ...... 2 destroyers, 1 supply ship, 12 C-130 transport planes, 24 CF-18 bombers
CZECHOSLOVAKIA ... 200 chemical-warfare specialists
DENMARK ...... 1 corvette
EGYPT ...... 40,000 troops, including 2 armored divisions and 5,000 Special Forces paratroopers
FRANCE ...... 18,000 troops, 60 combat aircraft, 120 helicopters, 40 tanks, 100 armored vehicles,1 missile cruiser, 3 destroyers, 4 frigates
GREECE ...... 1 frigate
HONDURAS ...... 150 troops
HUNGARY ...... 40 medical personnel
ITALY ...... 2 corvettes, 3 frigates, 1 supply ship, 4 minesweepers, 10 Tornado ground attack aircraft
JAPAN ...... medical personnel and supplies
KUWAIT ...... 11,000 troops
MOROCCO ...... 1,700 troops
THE NETHERLANDS... 2 frigates, 1 supply ship
NEW ZEALAND ...... 3 C-130 Hercules transport planes, 1 medical team
NIGER ...... 500 troops
NORWAY ...... 1 Coast Guard cutter, 1 transport ship
OMAN ...... 25,500 troops, 63 airplanes, 4 Exocet- armed ships
PAKISTAN ...... 7,000 troops
THE PHILIPPINES... medical personnel
POLAND ...... 2 rescue ships
PORTUGAL ...... 1 naval logistics ship
QATAR ...... 1 squadron of Mirage F-1E fighter planes
ROMANIA ...... 360 medical personnel, 180 chemical warfare experts
SAUDI ARABIA...... 118,000 troops, 550 tanks, 180 combat planes, 8 frigates
SENEGAL ...... 500 troops
SIERRA LEONE...... 30 medical personnel
SINGAPORE ...... 35-man medical team
SOUTH KOREA ...... 5 C-130 Hercules transport planes, 150-man medical team
SPAIN ...... 1 frigate, 2 corvettes, 1 supply ship, 1 C-130 transport plane
SWEDEN ...... field hospital and medical personnel
SYRIA ...... 17,000 troops, 300 T-62 tanks
UNITED ARAB
EMIRATES ...... 40,000 troops, 80 combat planes, 15 ships, 200 tanks
UNITED STATES ... 540,000 troops, 6 aircraft carriers, nuclear submarines, 2,000 tanks, 2,200 armored personnel carriers, 1,700 helicopters, 100 warships, 1,800 airplanes
APPENDIX B
MEDIA REPORTS REGARDING ISRAEL
In one editorial, the writer pointed out that the recently dedicated Navy memorial would not have a plaque commemorating one of the Navy's most heroic incidents -- the brutal and unprovoked attack by Israeli warplanes and torpedo boats on the U.S.S. Liberty, a highly armed and clearly marked intelligence gathering ship in international waters. (46:C3)
The Palestine Human Rights Information Center reported that Israeli interrogators have used electric-shock torture to extract confessions from prisoners in the occupied territories. (27:A9)
The New York Times reported that Israel sold several billion dollars in American-made weapons to Iran in the early 1980s with the knowledge of the United States under an agreement worked out by the Reagan administration. The U.S. rescinded the agreement in 1982 after it was determined that the Israeli defense minister was selling military materiel without Washington's permission. (34:A9)
Another editorial accused Israel as having something in common with Saddam Hussein's Iraq -- both disregard U.N. Security Council Resolutions. Israel's stated intent to deport twelve Palestinians was criticized. (9:A14)
It has been reported that Israel is opening relations with China, the last world power to embrace communism. (21:A10)
The Israeli army has banned Palestinian pedestrian traffic in the occupied West Bank at night. Although over 100,000 Jews live in the Israeli-occupied West Bank and Gaza Strip area, 1.75 million Palestinians live there. The recent rapid expansion of Israeli settlements on the Palestinians' homeland has been condemned internationally as an obstacle to peace. (16:A15)
Yitzak Shamir kicked off his re-election campaign recently with a promise to build more Jewish settlements in the occupied territories while the United States contends that the settlements are an obstacle to peace with the over 1.7 million Palestinians who live in the West Bank and Gaza Strip. (23:A9)
The Israeli army said it would beef up its forces in the occupied West Bank by twenty percent by adding more regular soldiers and special units allegedly to try to halt attacks on Jewish settlers. This move follows demands by settlers for better protection and tougher treatment for Arab militants. It also comes amid Shamir's political crisis in which his coalition has lost its majority in the Knesset (parliament) because of defections by far-right leaders who are the settler's main supporters. (20:A9)
The Israeli army has "widened" its rules on firing on Arabs. A military source said new regulations would lessen the danger to soldiers implying that the soldiers may be allowed to fire live ammunition directly at a suspect without warning if they believe their lives are in danger. (25:A4)
At least four Jewish settlers have been shot since October 1991 prompting retaliatory raids by the settlers. Radical Palestinian groups were blamed for the shootings. At least 879 Palestinians have been killed by Israeli solders or civilians since the "intifada" began over four years ago. Seventy-seven Israelis have died. (25:A4)
In a recent editorial it was reported that there was high level corruption in Israel's military and industrial establishments which have siphoned off millions of dollars in American aid. Some of the missing money was believed to have been used for Israeli espionage in the United States -- Israel denies this. What is undisputed is that key figures in Israel's procurement program have diverted millions of dollars into their own pockets. (1:A12)
Yitzhak Shamir, Israel's Prime Minister, recently said that Israel is no longer obligated to strictly follow the Camp David accords which outline a plan for Palestinian autonomy in the occupied lands. This was the first time an Israeli leader questioned Israel's commitment to the 1978 U.S. - brokered accords which serve as a basis for U.S. and Israeli diplomacy in the Middle East. (18:B12)
Recently, attackers believed to be Palestinians or Israeli Arabs killed three soldiers at a base in Israel near the occupied West Bank. Only hours later, Israel aircraft attacked Palestinian refugee camps in Lebanon in retaliation. Fixed winged aircraft and helicopters fired rockets into an alleged PLO headquarters house; two rockets hit the outskirts of a refugee camp killing four Lebanese civilians including two children and a woman, and wounding six persons, and badly damaging three residential buildings. (15:A21)
It was reported that this revenge strike by Israel could seriously damage the Middle East peace process because the rocket-firing helicopters killed the leader of Lebanon's pro-Iran Hezbollah guerilla group. Sheik Abbas Musawi, his wife, and their five-year-old son were burned alive in what Hezbollah called "a cowardly air attack". (29:A1)
Hezbollah (Party of God) was considered to be the umbrella group for Shiite Muslim holders of Western hostages in Lebanon. It opposes the Middle East peace talks, and Shiite Muslim leaders vowed revenge and called for a holy war against Israel. (29:A1)
Without knowing for certain who killed the three Israeli soldiers, Israel has engaged in massive, indiscriminate retaliation killing innocent women and children, killing a Shiite leader (Musawi) who helped to arrange the release of American and British hostages in Lebanon last year.
An Israeli tank force, helicopter gunships, and a bulldozer flattened United Nations barricades, and the Israelis attacked two Lebanese villages to hunt for Shiite Muslim guerrillas who have been rocketing Israel. The U.N. peacekeepers tried to block the Israeli invasion, and fistfights broke out before the Israeli soldiers plowed through and seized two Lebanese villages. The Israeli invasion, just north of its self-declared security zone, drew a sharp protest from U.N. Secretary-General Boutros Ghali who called for an immediate withdrawal. The Bush administration expressed "deep concern". (28:A1)
Twenty-four hours after storming two villages in Lebanon, Israeli forces withdrew. Meanwhile, Israel again failed to win U.S. agreement for ten billion dollars in loan guarantees. (26:A1)
Secretary of State Baker recently demanded that Israel freeze settlements in the occupied territories to get ten billion dollars in U.S. loan guarantees as the Middle East peace talks resumed recently. The demand delighted Arabs but seemed likely to provoke an open crisis with Israel, possibly causing a break after decades during which Washington has acted as unquestioning ally and banker for the Jewish state. Israeli Prime Minister Shamir was defiant, but Baker gave Israel alternatives -- build the settlements and not get the loan guarantees, or not build and get them. (43:A1)
APPENDIX C
UNITED NATIONS RESOLUTIONS (39:A12)
August 3, 1990 -- Resolution 660 -- The Council voted 14-0 to condemn the August 2 Iraqi invasion of Kuwait and demanded the immediate and unconditional withdrawal of Iraqi troops. Yemen, the only Arab member of the Council did not vote.
August 6, 1990 -- Resolution 661 -- The Council voted 13-0 to order a trade and financial embargo of Iraq and occupied Kuwait. Cuba and Yemen abstained.
August 9, 1990 -- Resolution 662 -- The Council voted 15-0 to declare Iraq's annexation of Kuwait null and void under international law.
August 18, 1990 -- Resolution 664 -- The Council voted 15-0 to demand that Iraq free all detained foreigners.
August 25, 1990 -- Resolution 665 -- The Council voted 13-0 to give the United States and other naval powers the right to enforce the economic embargo against Iraq and Kuwait by halting shipping to those countries. Cuba and Yemen abstained.
September 13, 1990 -- Resolution 666 -- The Council voted 13-2 to allow humanitarian food aid into Iraq or Kuwait only "to relieve human suffering", and said only the Council could decide when those circumstances existed. Cuba and Yemen voted against the measure.
September 15, 1990 -- Resolution 667 -- The Council voted 15-0 to condemn Iraq's aggressive acts against diplomatic missions in Kuwait, including the abduction of foreigners from the buildings.
September 24, 1990 -- Resolution 669 -- The Council voted 15-0 to stress that only its Sanctions Committee had the power to permit food, medicine or other humanitarian aid to be sent into Iraq or occupied Kuwait.
September 25, 1990 -- Resolution 670 -- The Council voted 14-1 to explicitly expand its economic embargo to include all air cargo traffic in or out of Iraq and Kuwait except for cargoes of humanitarian aid specifically authorized by its Sanctions Committee. It also called on U.N. member nations to detain any Iraqi ships that may be used to break the naval embargo. Cuba opposed the measure.
October 29, 1990 -- Resolution 674 -- The Council voted 13-0 to hold Iraq liable for war damages and economic losses, to ask nations to collect evidence of grave human rights abuses by the occupying forces, to demand that the Western embassies in Kuwait City be restocked with food and water, and to demand all hostages be released. Cuba and Yemen abstained.
November 28, 1990 -- Resolution 677 -- The Council voted 15-0 to condemn Iraq's attempt to alter the demographic character of Kuwait and asked Secretary-General Javier Perez de Cuellar to take possession of Kuwait's census and citizenship records for safekeeping.
November 29, 1990 -- Resolution 678 -- The Council voted 12-2 to authorize the use of force to expel Iraq from Kuwait after January 15, 1991.
BIBLIOGRAPHY
1. "A Scandal In Israel", Arizona Republic, February 8,1992, A12.
2. "African Selected As Next U.N. Leader", Arizona
Republic, November 22, 1991, A2.
3. Andrews, Duane, Assistant Secretary of Defense, "Restructuring Defense Intelligence", American Intelligence Journal, Vol. 12, No. 3, Autumn 1991, p. 6.
4. "Arab Nations Assail Israel Expulsion Plan", Arizona Republic, January 5, 1992, A19.
5. Baker, William W., Theft of a Nation, Defender Publications, Las Vegas, Nevada, 1984, pp. 6-7.
6. Cave, Ray and Pat Ryan, Ed., Triumph In The Desert, New York, Random House, 1991.
7 . Cordesman, Anthony H., "U.S. Power Projection Capabilities in the Gulf, Indian Ocean and Red Sea", reprint from Armed Forces, December 1988, pp. 566-570, Air War College Associate Studies Vol. II, LSN 33, 1st Ed., p. 109.
8. Dunnigan, James F. and Austin Bay, A Quick and Dirty Guide to War, Quill William Morrow, New York, 1991
9. "Extremism In Israel", Arizona Republic, January 8, 1992, p. A14.
10. Florey, LTC Gregory D., USAF, Geographic Primer of CENTCOM's Area of Responsibility, Air War College Associate Studies Vol. II, LSN 32, 1st Ed.
11. Florey, LTC Gregory D., USAF, "Introduction", United States Central Command, Air War College Associate Studies Vol. II, LSN 32, 1st Ed., p. 1.
12. "Iran Bases Reported In Sudan", Arizona Republic, January 15, 1992, p. A11.
13. "Iran Finances Hezbollah", Arizona Republic, February 17, 1992, p. A2.
14. "Iran Spending Billions To Buy Soviet Arsenal", Arizona Republic, January 19, 1992, p. A2.
15. "Israel Attacks Camps In Wake Of Slayings", Arizona Republic, February 16, 1992, p. A21.
16. "Israel Bans West Bank Pedestrians At Night", Arizona Republic, December 15, 1991, p. A15.
17. "Israel Irate On Talks Site, But Meetings Not Doomed", Arizona Republic, November 25, 1991, p. A8.
18. "Israel: Not Bound By '78 Accords", Arizona Republic, February 8, 1992, p. B12.
19. "Israel Ready To Talk Of Self-Rule", Arizona Republic, January 15, 1992, p. A11.
20. "Israel To Increase Security For West Bank Settlers", Arizona Republic, January 22, 1992, p. A9.
21. "Israeli-Chinese Ties About To Come Into Open", Arizona Republic, January 10, 1992, p. A10.
22. "Israeli Leaders Fear Peace, Jordan's Hussein Says", Arizona Republic, December 1, 1991, p. A23.
23. "Israeli Leader Plans To Defy U.S.", Arizona Republic, January 21, 1992, p. A9.
24. "Israeli Plan To Deport 12 Angers U.S.", Arizona Republic, January 4, 1992, p. A1.
25. "Israeli Soldiers Given Latitude", Arizona Republic, February 3, 1992, p. A4.
26. "Israeli Troops Pull Back, Guerrilla Rocket Kills Girl", Arizona Republic, February 22, 1992, p. A1.
27. "Israelis Accused of Torture", Arizona Republic, December 4, 1991, p. A9.
28. "Israelis Invade Lebanese Villages", Arizona Republic, February 21, 1992, p. A1.
29. "Israelis Kill Key Shiite", Arizona Republic, February 17, 1992, p. A1.
30. Keeva, Steven, "Lawyers In The War Room", ABA Journal, December 1991, p. 52.
31. "Libya Trying To Hire Russian Atomic Elite", Arizona Republic, January 9, 1992, p. A11.
32. "Mideast Is Sent $6 Billion In Arms, Despite Bush Plea", Arizona Republic, February 15, 1992, p. A8.
33. "Pakistan Can Build An A-Bomb", Arizona Republic, February 8, 1992, p. B12.
34. "Paper: Israel Sold U.S. Arms To Iran", Arizona Republic, December 8, 1991, p. A9.
35. Post, Tom, et. al., "Selling Nuclear Missiles and Minds", Newsweek, January 13, 1992, p. 29.
36. Post, Tom, et al., "The Great Game, Chapter Two", Newsweek, February 3, 1992, p. 28.
37. "Pro-Israel Lobbyists Quietly Backed Resolution Allowing Bush to Commit U.S. Troops to Combat", Wall Street Journal, January 28, 1991, pp. A14-A15.
38. "Stronger Role In Crisis Planned", Arizona Republic, Feburary 1, 1992, p. A13.
39. "The U.N. Resolutions Against Iraq," Washington Times, February 22, 1991, p. A12.
40. Time-Life Books, Ed., "Robots For Overhead Surveillance", The New Face of War, Electronic Spies, Alexandria, Virginia, 1991, p. 119.
41. Turque, Bill, et al., "Rethinking The Lessons Of Desert Storm", Newsweek, January 20, 1992, pp. 20-21.
42. "U.S. Joins Attack On Israel Deportations", Arizona Republic, January 27, 1992, p. A8.
43. "U.S. Tougher On Israel Aid", Arizona Republic, February 25, 1992, p. A1.
44. Watson, Russel, and John Barry, "Nukes On The Loose", Newsweek, December 16, 1991, p. 32.
45. Westhrop, Chris, Ed., The World's Armies, New York, Military Press, 1991, pp. 110-111.
46. "Why 34 Dead Sailors Will Not Be Honored At The Navy Memorial", Arizona Republic, November 17, 1991, p. C3.