8-30-13 Treaty Obligations, War Crimes and Accountability: A Study in American Hypocrisy |
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By Nima Shirazi From Wide Asleep in America | Original Article "I have no interest in any open-ended conflict in Syria, but we do have to make sure that when countries break international norms on weapons like chemical weapons that could threaten us, that they are held accountable," President Barack Obama said in a PBS interview earlier this week. In contrast to today's wrenching debate over whether the United States should intervene to stop alleged chemical weapons attacks by the Syrian government, the United States applied a cold calculus three decades ago to Hussein's widespread use of chemical weapons against his enemies and his own people. The Reagan administration decided that it was better to let the attacks continue if they might turn the tide of the war. And even if they were discovered, the CIA wagered that international outrage and condemnation would be muted.Even more recently, the U.S. military used white phosphorus, a chemical compound whose use in civilian areas constitutes a war crime, during its 2004 attacks on Fallujah in Iraq, just as America's best friend in the region, Israel, dropped white phosphorus on civilian areas in its 2008-2009 massacre in Gaza. It should be noted that, while the United States is a party to the UN Convention on Certain Conventional Weapons (CCW), which bans the use of napalm against civilians, it has never signed Protocol III on the convention, the statute that specifically bans the use of all incendiary weaponry. Nevertheless, even without signing it, this protocol came into force for the U.S. on July 21, 2009. Furthermore, Israel is one of only seven nations on the planet – along with Syria, Angola, South Sudan, Egypt, North Korea, and Myanmar – to refuse to abide by the international Chemical Weapons Convention (CWC). However, despite this, a deputy spokesperson for the U.S. State Department said this week that state non-compliance with treaty obligations recognized by the vast majority of the international community - even by non-signatories to such treaties - should not absolve those states from accountability. During a press briefing on August 27, spokesperson Marie Harf described the CWC as a "multilateral disarmament agreement" that "provides for the elimination of an entire category of weapons of mass destruction under universally applied international control and prohibits the use of chemical weapons. Currently, 189 nations, which represent about 98 percent of the global population, have joined the Chemical Weapons Convention." As such, she continued, even though there are a few nations that have not yet acceded to the convention, "clearly that should not enable them to escape responsibility for their actions." Harf added, "There is a reason that the overwhelming majority of the international community – again, that agrees on little else – has stood against the use of these weapons, and Syria should not be able to flout the clearly expressed view of the international community here." The following day, Harf reiterated this position: [T]he indiscriminate use of chemical weapons against civilians is a violation of international law. I also talked a little bit about international norms and the Chemical Weapons Convention, which they are obviously not a party to, but which clearly laid out that a majority – a vast majority of the world spoke up and said that we are taking a stand against chemical weapons and the world has spoken on chemical weapons. And we're not going back, and they have to be held accountable.To suggest that the United States does not go back on its word when it comes to commonly-accepted mandates of international law is laughable. In 1998, the vast majority of the world's nations voted to adopted the Rome Statute, establishing the International Criminal Court (ICC) and granting it authority to "bring to justice the perpetrators of the worst crimes known to humankind – war crimes, crimes against humanity, and genocide." The United States voted against it. When the statute was officially adopted by the international community in 2002, the United States, Israel and Sudan all signed it, but formally refused to present it for ratification. In a letter to the UN Secretary-General on May 6, 2002, U.S. Undersecretary of State for Arms Control and International Security John Bolton, stated, "in connection with the Rome Statute of the International Criminal Court adopted on July 17, 1998, that the United States does not intend to become a party to the treaty. Accordingly, the United States has no legal obligations arising from its signature on December 31, 2000." While the Obama administration has walked back this Bush era rejection, it has still refused to ratify the treaty and accept the ICC's jurisdiction. Of course, the language of international law and accountability is also never leveled at Israel when it commits war crimes or develops an undeclared and unmonitored arsenal of nuclear weapons in defiance of the international Nuclear Non-Proliferation Treaty (NPT), of which Israel - along with only three other countries on Earth - is not a signatory. In fact, in May 2010, after the 189 signatories of the NPT - including Iran and Syria called for an international conference in 2012 with the goal of establishing "a Middle East zone free of nuclear weapons and all other weapons of mass destruction," Israel denounced the accord, describing it as "deeply flawed and hypocritical," and Prime Minister Benjamin Netanyahu declared, "As a non-signatory state of the NPT, Israel is not obligated by the decisions of this Conference, which has no authority over Israel. Given the distorted nature of this resolution, Israel will not be able to take part in its implementation." At the time, President Obama also decried the resolution for what he claimed was an unfair focus on Israel - the only nuclear-armed state in the region - and promised to "oppose actions that jeopardize Israel's national security." When the time of the proposed conference rolled around in December 2012, the United States prevented it from taking place. It is clear that the United States is not considering military strikes on Syria out of any deference to the obligations of international law or concern for innocent civilians. As Omar Dahi notes in Jadaliyya, "The fact that the United States is threatening to strike now has nothing to do with the welfare of Syrians, and everything to do with the United States maintaining its own 'credibility,' its position as a hegemonic power." Even taking the U.S. government at its word - a dubious thing to do in light of past experiences - presents problems of its own, namely that any purportedly punitive military action against Syria would itself be a violation of the very laws the United States is claiming to defend. Recall, for instance, what then-Senator Barack said back on December 20, 2007: "The President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation...As President, I will not assert a constitutional authority to deploy troops in a manner contrary to an express limit imposed by Congress and adopted into law." International relations professor Charli Carpenter has just addressed these factors in Foreign Affairs: The Obama administration has already confirmed that its primary concern is with protecting the norm and punishing its violators. Given that goal, the appropriate course of action would be to, first, independently verify who violated it. The United States claims that it has “no doubt” that Syria was behind last week’s chemical attack, but that remains an open question until the UN inspectors have completed their investigation. Second, the United States would have to consider a range of policy options for affirming, condemning, and lawfully punishing the perpetrator before resorting to force, particularly unlawful force. As Article36.org, a nongovernmental organization notes, these might include condemnation, an arms embargo, sanctions, or any of the other bilateral and multilateral measures that are typically used to respond to violations of weapons norms (and which might be at least as effective than air strikes, if not more so). Third, should the United States decide on military action, with or without a UN Security Council resolution, it would need to adhere to international norms regulating the use of specific weapons in combat.As always, with a potentially imminent military strike on the horizon, the American government has once again affirmed its belief that - unlike the rest of the world - when the United States or its friends abrogate international law and commit war crimes, they should not be held to account. ***** UPDATE: MSNBC's resident loudmouth Chris Matthews - who fancies himself somewhat of an historian - is apparently wholly unaware of the U.S. military's past use of chemical weapons. Speaking on Morning Joe earlier this week, Matthews bellowed: If you basically put down a red line and say don’t use chemical weapons, and it’s been enforced in the Western community, around the world — international community for decades. Don’t use chemical weapons. We didn’t use them in World War II, Hitler didn’t use them, we don’t use chemical weapons, that’s no deal. Although we do know that Assad’s father did. Then he goes ahead and does it. Let alone Matthews' ignorance of our own actions, even more surreal is the statement that "Hitler didn't use them." Matthews seems to be forgetting about that whole Holocaust thing, when the Nazis committed genocide by gassing millions of Jews in death camps.
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