Frankenstein in Mesopotamia
The pact being negotiated between the US and Baghdad governments includes a direct rebuff to president-elect Barack Obama's promised policy of withdrawing American combat troops in 16-18 months. The pact instead would leave those troops in place until the end of 2011, a doubling of the timeline to which Obama pledged himself. But that's not all.
The most important things, some say, are the things left unsaid. If so, the unmentionable thing would be the police state America is leaving behind in Baghdad.
Finally, human rights observers agree that there are 40-50,000 Iraqis currently held in detention centers under either US or Iraqi control. Under terms of the pact, "we're getting out of the detainee business", says the US military spokesman in Iraq. The US-run camps, known as Bucca and Cropper, hold at least 17,000 detainees under a US-declared "security detention" doctrine that does not exist in either American or Iraqi law. According to Human Rights Watch, they are held "for indefinite periods, without judicial review, and under military processes that do not meet international standards." Most of them - at least 12,000 - were mistakenly seized in American sweeps or played marginal roles the resistance. Those who are released are often killed by Shi'a death squads.
If the US and Iraqi governments were to seek a renewal of the United Nations reauthorization when it expires on December 31, chances are that accepted human rights standards would be demanded for the Iraqis detainees, such as access to legal council, family members and international observers.
But under the proposed Iraq-US pact, the 17,000 will be shifted from US to Iraqi detention facilities, a transition to even greater darkness. Knowing this, the Sunni parliamentary bloc is demanding amnesty for most of them.
The concerns are deadly serious. I interviewed an American contractor, a former Marine, just returned from Baghdad in 2005, one paid to protect the Sunni delegation in the Green Zone. He bitterly spoke of Sunni bodies, bullets lodged in their heads from short range, lye disfiguring their faces, being dumped in the streets, The 2007 Baker-Hamilton Study group issued a one-sentence confirmation that the Iraqi police "routinely engage in sectarian violence, including the unnecessary detention, torture and targeted execution of Sunni Arab civilians."
Before the Baker-Hamilton finding, there were other revelations. The Times revealed secret prisons and torture sites in Baghdad which reported directly to the Interior Ministry, itself under sectarian Shi'a control. The Times also described "black sites" at Camp Nama, where an American task force beat, kicked, blindfolded and forced Iraqi inmates to crouch in 6-by-8 cubicles in a prison called Hotel California, where the official motto was "No Blood, No Foul."
A Congressionally-created law enforcement commission concluded in September 2007 that the Ministry of Interior is "a ministry in name only...widely regarded as dysfunctional and sectarian."
Even the Bush administration in 2007 confessed "evidence of sectarian bias in the appointment of senior military and police commanders [and] target lists that bypassed operational commanders and directed lower-level intelligence officers to make arrests, primarily of Sunnis."
Dry language, dry bones
Antiseptic language is sometimes necessary in journalism and law to make objective evaluations. But it also can suppress moral and emotional responses to suffering and serve as a sedative in managing public opinion. Riveting stories of torture dungeons don't rate much in the media in comparison to domestic violence between white Americans. For instance, clear evidence that Sunni children were being murdered by the Shi'a captors, persuasive to a top US military investigator, made it into the Salt Lake Tribune, but not much further. The US Judge Advocate happened to be from Utah, making it a local story.
Counterinsurgency often is framed as winning hearts and minds, not as crushing the alleged insurgents to protect the civilian population. In South Vietnam, that led to "strategic hamlets" and the Phoenix program. In Central America, it was death squads who killed priests, nuns and thousands of civilians. In both cases, American and world opinion was shocked.
In the case of Iraq, there is silence in the West.
For example, there has not been a single Congressional inquiry into the oblique revelations in Bob Woodward's latest book about secret operations launched in May 2006 to "locate, target, and kill individuals in extremist groups". The top intelligence adviser on these operations, Derek Harvey, told Woodward that the killings gave him orgasms. These were extra-judicial killings, with the Pentagon acting as judge, jury and executioner. The definition of "extremist" was stretched to include anyone named by an informant as a supporter of the Sunni insurgency, supported by an overwhelming majority of Sunnis.
During Vietnam, the Phoenix program, exposed as killing over 20,000 Vietcong suspects, was closed down after an outburst of ethical fury. In 2004, the Phoenix program's revival was recommended by Dr. David Kilkullen, described in the Washington Post as "chief adviser on counterinsurgency operations" to Gen. David Petraeus. Kilkullen advocated a "global Phoenix program" to combat global terror in a 2004 article in Small Wars Journal. He later reissued the article without the Phoenix label, having already described the Phoenix project as "unfairly maligned" and "highly effective." He also advocates applying "armed social science" against the "physical and mental vulnerabilities" of Iraqi detainees. He walks the streets of Washington today, widely accepted in the world of national security advisers. No one in that select establishment has ever criticised his writings.
Americans already pay for this sectarian repression - which even includes the diminishment of Christian seats in parliament - with $22 billion in tax dollars from 2003 through 2007 for American advisers to the Interior Ministry, police and prison guards. In 2007, there were 90 American advisers assigned to the interior ministry, which much of training of police and prison personnel is outsourced to contractors like DynCorps, according to Congressional oversight hearings.
One of the trainers has been Gen. James Steele, a veteran of the Central American counterinsurgency wars, who was with the US Civil Police Assistance Training Team when the sectarian Iraqi militias began operating under official cover. He was quoted in 2006 as "not regretting their creation."
How has this happened? Presumably the public lacks any sympathy for individuals accused of Islamic terrorism. But there has been ample uproar over torture at Abu Graeb and US foreign policy generally. The public simply doesn't know much at all about the detention camps in Iraq. Most of the concerned NGOs take up less controversial causes than Iraqi inmates for their fundraising. Human rights insiders accept the paradigm that a democratic, pluralistic Iraq is a work in progress, still lacking an independent judiciary and ACLU watchdogs of their own. The international Red Cross has agrees to keep its findings secret. The peace movement is locked into an exclusive "out now" framework that subordinates police and prison issues to the margins. The Pentagon therefore succeeds in fabricating a new mirage in the desert to replace the discredited one. As our combat troops are replaced by low-visibility advisers, amnesia could take over completely, while shame and hatred beget a new generation of insurgents.
The US administration could do something about this Frankenstein. It could use its remaining leverage to insist on the release of the detainees or the application of enforceable human rights standards and access for the media and human rights workers.
But Congress and the media seem to think that a sectarian police state is the ugly price that must be paid for sharply reducing American casualties and reducing our footprint in Iraq. The hot debate among judge advocates, pro bono lawyers and Congressional investigators, is about a few hundred Guantanamo detainees, not the dark underside of counterinsurgency.
The next stop is Afghanistan, where another 50,000 detainees fester under similar conditions to Iraq, and the British envoy recently recommended an "acceptable dictator." Instead of addressing the human rights crisis in that country, the envoy suggest that "we should think of preparing our public opinion" for dictatorship as the necessary outcome.#
Tom Hayden can be reached at tomhayden.com. His recent books are Ending the War in Iraq [2007] and The Tom Hayden Reader [2008].













This civil war has been going on long before we got there. We've dug up hundreds of thousands of bodies in mass graves as proof. It will continue to go on after we leave. The cultural and societal issues in Iraq and Afghanistan are going to have to be worked out by the citizens of the nations, and it is going to be a long and bloody road to a true civil society. We didn't create the conflict, and neither can we resolve it. It's like a parent intervening between two bitter adolescents. They can stop an overt fist-fight, but they can't resolve the underlying emotions.
November 21, 2008 9:00 PM | Reply | Permalink
What kind of parents create Abu Ghraib for their "adolescents?"
November 21, 2008 9:08 PM | Reply | Permalink
...or what kind of parents invade a nation, drop thousands of missiles and bombs, kill tens of thousands of men women and children, all for the lie that the country posed a threat to them, cause 25% of the population to relocate or emigrate, re-open the dictator's torture chambers for their own use, fail to deliver electricity, water and basic services or a working system of justice, and then hand the country over to an ethnic group even more intent on domination as the ethnic group just removed, stand by while minorities are killed, slaughtered and displaced, and then according to Brook Dataski, say its just a 'civil war going on long before we got there'.
The US has only made the road to 'a true civil society' much longer and much more bloody.
November 21, 2008 9:54 PM | Reply | Permalink
You're forgetting what the issue-free, patriotic neocons told us. These A-rabs only understand force!
November 22, 2008 12:21 AM | Reply | Permalink
Abu Gharaib was dealt with and condemned. It's a side-show to a much larger problem. Iraq has a lot of cultural problems that have existed for over a thousand years. The Middle East in general is riddled with political, social,and economic injustice in just about any country you wish to name. We are not the cause of these problems, nor can we solve them. It would be a lot better for US diplomacy, if we would acknowledge this.
November 21, 2008 9:37 PM | Reply | Permalink
We are not the cause of these problems, nor can we solve them.
Good point. Let's go home.
November 21, 2008 10:00 PM | Reply | Permalink
We can no more solve the problems of Iraq than we can stop a forest fire with a garden hose.
But we could avoid throwing gasoline on the fire, and set an example by not allowing Abu Gharaib to happen.
What we have hear is an abject failure of leadership, on top of pre-existing social unrest, mixed up with stacks of cash on pallets to buy guns from Iranian antagonists who were given every reason to want to make our life more difficult.
Yeah, it was a mess, but Cheney and Rumsfeld to that simple mess and turned it into a nightmare.
November 22, 2008 1:39 AM | Reply | Permalink
What we have "here", not "hear"
November 22, 2008 1:40 AM | Reply | Permalink
"Abu Gharaib was dealt with and condemned"
Why have we not seen Donald Rumsfeld, or Dick Cheney, forced to testify about their involvements in policies of torture, then
Please let's not be hypocrites here.
November 21, 2008 9:52 PM | Reply | Permalink
We've not seen the Saudis, Khadafi, or Basher Assad put on trial either, but you don't have a problem with any of their activities, just like you didn't really have a problem with Saddam Hussein slicing up his enemies in an industrial-strength wood-chipper -- alive i might add.
You want to bash Cheney -- fine -- i've got no use for that jackass, but let's not pretend that Iraq was this peaceful oasis in ancient Babylon.
November 21, 2008 10:04 PM | Reply | Permalink
Actually, i had a huge problem with GHW Bush's destroying Saddam's army, then letting the Shiites get sliced up in those industrial strength wood chippers you mention.
The worst massacres happened after the US invaded the first time.
The cynicism of the US can be seen in its purest form in the US policy re Iraq throughout the last twenty years. It is this recent history which makes Iraq an unsuitable place for your message that we are the hapless adults trying to keep the delinquents in line.
November 21, 2008 10:13 PM | Reply | Permalink
The US did leave Saddam in place -- but that was the consensus of the int'l community. Why are you singling us out? There were Arab armies in that war -- they could have removed Saddam. None of those countries wanted him removed. You've got a very biased view of the world that overlooks a huge amount of evil.
This is the problem. America always gets bashed, because we take the lead in doing extremely dirty jobs no one else wants to do. Sudan is another very good example. Millions have been slaughtered there, and we haven't been involved, but no one else will take the lead.
November 21, 2008 10:20 PM | Reply | Permalink
Bush Sr told the Shiites to rise up against Saddam, and then promptly withdrew our forces. He set the Shiites up to get slaughtered. He should have kept his mouth shut.
Why do I suspect an Israeli-centric world view here Brook?
November 22, 2008 12:26 AM | Reply | Permalink
While the premise and central concern of this post are admirable, the author's constant framing of the issue in terms of Shiite atrocities committed against innocent Sunnis illustrates the influence of geostrategerists who are allied with "moderate" Arab proxies of Saudi Arabia, Jordan and Egypt.
Such a one-sided POV distorts the analysis and is an extension of the psyops propaganda campaign that is embodied by the dire and utterly bogus prediction of a looming "Shiite Crescent" just peeking above the horizon.
Nevermind that our Saudi friends are enabling the Sunni jihadi types popping up allover the place in parts of the Gulf, the Levant, the Caucasus, Afghanistan, Iraq and Africa, etc.
Even disastrous results from our cherrypicking Islamic sides in areas we are essentially ignorant about have yet to register among the majority of theorists and practitioners of COIN doctrines based on the shaky results in Iraq. The deciders in shaping our FP objectives are far worse.
Fortunately, there is an "Awakening" so to speak among some of the leading counterinsurgency experts who are widely respected in the field and eschewing inherent biases in favor of evaluating just the facts, M'am. Debates galore but the COIN guys with boots-on-the-ground experience tend to be more flexible in challenging assumptions that do not apply.
Like it or not, the most likely-to-succeed strategies will come from the accumulating knowledge in that sector.
All of our politicians, ALL OF THEM, are hopeless in designing/implementing practical policies because of prejudices that are by now so chronic that the symptoms of bias go unnoticed by those suffering from them.
The reality is that the neighbors in the region all have a common stake in the stability of Iraq and Afghanistan, regardless of sect.
Going unnoticed by most are the efforts to form coalitions between disparate neighbors in order to cooperate with eachother to that end. Naturally, WE are not pleased with these developments.
Better to encourage those efforts in combination with the best battle-tested COIN rules of engagement that don't play the crippling Sunni=GOOD!/Shiite=BAD! games.
November 22, 2008 12:33 AM | Reply | Permalink
evidently you don't know that Hayden isn't a side-picker, like you seem to think he is. you may have a machiavellian worldview, but Hayden does not, and you should wonder why you assume someone else has. it's probably because you are machiavellian.
November 22, 2008 11:56 AM | Reply | Permalink
From my other comment on this thread:
"I was generalizing and extrapolating in an effort to point to the larger truth that our FP actively favors the Sunni regimes as a matter of tactics, strategeries and policies."
Hayden is not a part of the above efforts, but has adopted the prevailing POV; probably unconciously. He's no Machiavelli and I have no doubts at all about the sincerity of his concerns and convictions. He used to hang out in my neighborhoods back in the Days of Rage.
No doubt, I am "Machiavellian". That's what years of following the twists & turns of our actions in the ME will do to a person. One has to understand the mindset in order to track the tricksters.
November 22, 2008 3:50 PM | Reply | Permalink
dear Brook, I appreciate your sincere and earnest questions, but you are trying to communicate with people who have much more and more complete information than you have, and they also obviously have a much more integrated and sophisticated understanding of the situation than you have, no offense intended.
for example, you say there were other Arab countries involved in Gulf War I and ask why should the U.S. be singled out. Either you are intentionally dumbing down your comments to frustrate the TPM comments community, or you are so incredibly naive and ignorant of who was the primary and only important player in that and all other such American expeditionary wars - the U.S. - that you are out of your depth in these discussions.
the other Arab armies and countries in that coalition were there because the U.S. told them they needed to be there, and they did everything that the U.S. told them to do. you seem unaware of who was the boss and who were minor powerless allies.
please either go read some books you wouldn't find in your own personal library (assuming you have one) and please just go away until you do. your limitations are embarassing you, and you may be too ignorant to realize it.
and TPMers, just ignore 'brook' otherwise, as she's just 'babbling' incoherently.
November 22, 2008 11:54 AM | Reply | Permalink
BrookD comes from the Daniel Pipe's school of Islamophobia because of her Israel-centric POV. She has extremist views due to mind-numbing fears that are never assuaged by logic or realities that refute her assumptions.
On other issues, BrookD is coherent and reasonable.
BTW, NewsNag. Your admonition to Brook to STFU on this thread and efforts to rally other TPMCafers to join your little jihadette against engaging her insults the intelligence and independence that characterizes this community.
That's not how we play the game around here.
November 22, 2008 4:11 PM | Reply | Permalink
"You've got a very biased view of the world that overlooks a huge amount of evil."
Unfortunately, rather than being the "good guys" we think we are, the US is the actor of incredible amounts of evil. Currently our government is being run by people with no morals at all--people who are, in fact, evil.
November 22, 2008 10:20 PM | Reply | Permalink
Brook,
you have a habit of falling into the; well, what about this guy, he did it too' argument.
And Brook, we haven't seen Hugo Chavez put on trial so you don't have a problem with any of his activities, just like you didn't really have a problem with the Shah and his secret police!
November 22, 2008 11:42 AM | Reply | Permalink
Hauling out the "shredder" disinfo on Saddam Hussein is just another indication of your bad faith -- as if denying any U.S. responsibility for abuses and murders of Iraqis weren't enough.
Saddam's atrocities were numerous, horrific, and systematic -- yet agents of disinformation still felt compelled to put out lurid lies like people-fed-into-shredders.
Wonder why? To create an emotional atmosphere in which any action, however destructive and wrong, will seem justified.
November 22, 2008 2:37 PM | Reply | Permalink
Brook,
Let me put in in terms you might understand,
"You are an ass-wipe."
November 23, 2008 1:09 PM | Reply | Permalink
"This is the problem. America always gets bashed"
This wouldn't have anything to do with the fact that our military budget is greater than the rest of the world's, combined?
November 21, 2008 10:34 PM | Reply | Permalink
Hogwash. The Sunnis and Shi'ites lived on the same streets, worked together and intermarried. The sectarian strife in Iraq was caused by the hardships of a brutal military occupation and the US fostering of Shi'ite death squads, and was particularly hastened by US military complicity in the February 2006 Samarra mosque destruction, which more then anything contributed to sectarian strife.
This was all part of the Salvador Option, involving John Negroponte in both Central America's "dirty wars" and Iraq and the training of death squads which are a mainstay of the new Shi'ite government. The US has, since Samarra, used the fiction of a "civil war" as the rationale to retain occupation troops in Iraq. US troops military casualties happened, under this false secenarion, because they "got in the line of fire" between Iraqi factions.
SEC. GATES: Well, what I'm saying to you is, though, you had one strategy under way until attack on the Samarra mosque. After that and the development of the sectarian violence that was being stoked by extremists -- this wasn't spontaneous -- there was a shift in strategy, and instead of sending troops home, the troops that were supposed to be sent home were kept -- or the troop level was kept.
news report: Gradually but emphatically the facts of the U.S. policy of first igniting the sectarian divide in Iraq then playing the emerging sectarian protagonists against each other are unfolding by the day to reveal the context as well as the real goals of the American strategy in the occupied country.
from Defense Tech: The invasion four years ago has led to the Sunnis and Shia turning against each other in direct conflict. Therefore, it could be argued that just as the United States won the Cold War by exploiting the Sino-Soviet split and allying with Mao Zedong, so too the path to defeating the jihadists is not a main attack, but a spoiling attack that turns Sunnis and Shia against each other. This was certainly not the intent of the Bush administration in planning the 2003 invasion; it has become, nevertheless, an unintended and significant outcome.
"We will . . . turn them [terrorists] one against another"--GW Bush, Sep 20, 2001
"The myth of sectarianism - The policy is divide to rule" -- Dahr Jamail
November 21, 2008 11:26 PM | Reply | Permalink
C'mon, Don -- you know better than that. Sunnis and Shias living in the same neighborhood does not equal peace -- when you've got a brutal justice system that doesn't tolerate any violence, except the violence they perpetrate. Sadr City was routinely invaded, citizens picked at random for the firing squad and executed -- just as a warning. You call this peace? Not to mention the economic warfare of denying Shiite cities electricity for most of the day.
November 22, 2008 8:55 AM | Reply | Permalink
Your initial false claim was that there was civil war. There was not.
Perhaps you think that Hussein was unique among the various dictators around the world, many of them supported by the US, as Hussein had been, but that was (and is) not the case. Are you a fan of the governments in Saudi Arabia and Egypt? Should we shock and awe them too?
So your crocodile tears for the poor Iraqis suffering under Hussein don't wash, particularly in comparison to the hundreds of thousands of casualties since March 2003.
November 22, 2008 9:49 AM | Reply | Permalink
Is this now accepted as fact? I see the same statement in Andrew Bacevich's Limits of Power, but haven't seen the details of the argument or evidence for the generalization.
November 22, 2008 10:48 PM | Reply | Permalink
From Jan 20, President Obama, who Tom supported, will become responsible for US actions in Iraq.
I hope Tom and other progressive democrats will be able to influence the new president to fix these problems.
November 22, 2008 12:50 AM | Reply | Permalink
Hayden's summary is right on.
lally see's something I don't when he portrays Hayden's characterization of Sunnis as innocent. It is more the realization of the terrorism of the majority. Who have had to flee the country? Which communities have disproportionately been forced from their houses and into enclaves?
I'll go with Don Bacon in that Sunnis and Shias did indeed live side by side, if under the guns and repression of the Sunni minority. The thing is that if we wanted to bring peace and democracy to Iraq -- which I don't actually believe was the point -- if, war was not the way to do it. As has been proved. The cost in life, limbs, and minds, and the huge treasury thrown away into this bonfire of waste numbs the mind. And we will be writing checks for our maimed and damaged for decades to come, if not for the Iraqis. Plus the suicides.
The fact that the original act was criminal under international law should not be forgotten. And it would be better for everyone who cries when the U.S. gets bashed to review the depth of cynicism and hypocrisy in this present and previous administrations in dealing with repressive regimes.
The sheer misjudgement, mismanagement, deceit, corruption, supression of rights and laws, brutality involved in the prosecution of this act exceeds every prior stupidity by any U.S. administration, ably abetted by counter insurgency "experts" who have taken all their lessons from Rambo and John Wayne and none from reams of prior experience papers out there. All the bad actors were invited back because they were never properly slapped down before. Under the law.
Nor will they today or tomorrow.
November 22, 2008 1:58 AM | Reply | Permalink
My understanding is that Haydn thinks that we have a responsibility to:
Admit our crimes and abuses in Iraq.
Compensate for or correct the situation before leaving.
Who does he think we are? When have we ever done that? Even if we wanted to, how could ever undo or make up for what we've done?
We could hope that we never do anything like it again. Fat chance.
November 22, 2008 2:55 AM | Reply | Permalink
nothere.
I'm a chick.
I was generalizing and extrapolating in an effort to point to the larger truth that our FP actively favors the Sunni regimes as a matter of tactics, strategeries and policies.
That said, Sunnis and Shiites in Iraq do have a history of cohabitation and the example of Lebanon's civil war horrors within living memory and legend as something to avoid at all costs. The Lebanese have said "never again" and thus far have resisted foreign interference, including our own in partnership with the Saudis, that seeks to exploit sectarian fissures in order to control who runs the place.
Ironically, most "serious" people selectively employ the example of Lebanon as a cautionary worst-case scenario that could befall Iraq unless we.......
Watching factional Lebanon in the long democratic process of political reconciliation aided by facilitation/encouragement of Qatar and France, I think damn, Iraq should be so lucky.
But Iraq has light sweet crude and those promising formations in the Sunni West ......
PS. In order to get to know some COIN experts, I suggest you check out the chatters who gather to debate and discuss counterinsugency issues on THE influential site dedicated to all things COIN.
http://abumuqawama.blogspot.com/
You will be pleasantly surprised to learn that Rambos and John Waynes are few and far between. It's those warped by ideology who are the problem.
BTW one of the core contributors who goes by the nom de "Charlie", is a chick, too.
;>}
November 22, 2008 3:55 AM | Reply | Permalink
"a direct rebuff to president-elect Barack Obama's promised policy of withdrawing American combat troops in 16-18 months. The pact instead would leave those troops in place until the end of 2011"
The way I've seen it presented is different. No American troops will remain after 2011, but that doesn't mean that some will necessarily be there at any time in 2011.
The question can be put this way: Is Iraq doing the US a favor, allowing us to keep troops there for our own purposes, or are we doing Iraq a favor by keeping our troops there to help Iraq transition?
I've always understood that the ostensible purpose is the latter.
November 22, 2008 4:22 AM | Reply | Permalink
That not correct. We know Saddam was an awful tyrant, but we have not dug up much in the way of graves. Seems a lot of careless talk has not been verified. That's one reason his murder trial looked kind of flakey.
Now, you want to talk hundreds of thousands? There is no doubt the we, the U.S., have been the direct cause of hundreds of thousands. In two wars, we have killed more Iraqis than Saddam could dream of.
We took sides with one faction of Shiites when we allowed the Bush administration to create a bogus government which we have supported militarily for several years while they have performed ethnic cleansing on an impressive scale. Congratulations to all the Bush supporters.
November 22, 2008 9:56 AM | Reply | Permalink
news report, Nov 6, 2006
Saddam Hussein has been convicted of crimes against humanity and sentenced to death by hanging.
The former Iraqi leader was convicted over the killing of 148 people in the mainly Shia town of Dujail following an assassination attempt on him in 1982.
Bush is guilty "over the killing" of many times that amount.
November 22, 2008 10:54 AM | Reply | Permalink
I wonder if someone in the future will dig up the hundreds of thousands of graves created during Bush's Folly. Will the newspapers then speak of "mass graves"?
For the last 25 years all the Iraqis seem to do is die.
November 22, 2008 3:49 PM | Reply | Permalink
Hayden is correct in his analysis of the situation, but wanting when it comes to a solution. What exactly can we do? Creating agreements that include language directly related to human rights doesn't mean that anyone will abide by them. Iraq may be destined for a bloody civil war no matter what we do. A relatively stable police state like Saddam's (only this time Shi'ite) might actually involve fewer deaths-- say, 100,000 as opposed to 300,000 or more. Yes, this is a grim, cynical calculus, and yes, this means that we just threw $1 trillion down the tubes for nothing. Perhaps we can encourage the Iraqis to put some nice language into their agreements, but in the end everything will be up to the Iraqis and their leaders. Our focus should be on withdrawing our forces from Iraq as rapidly as possible. Hayden's classic liberal take suffers from the same problems as Bush's delusional strategy-- namely, that we can tell other nations how to behave.
November 22, 2008 10:05 AM | Reply | Permalink
While a UN re-authorization would certainly initiate efforts to address human rights abuses, the fact that many Sunni and Shia groups are working in good faith toward a Status Of Forces Agreement with the US shows a powerful desire for Iraqi sovereignty and that becoming a protectorate of the UN is not seen as a step toward that sovereignty.
If the UN charter was re-authorized, it is not as if years of Bremerian "reconstruction" could be rebooted and now executed by consecutive thinkers. The UN is not going to receive trillions of dollars to referee the struggle between factions. Neither the US nor the UN are in a position to remodel the Iraqi state by executive fiat.
It has been years now since the last UN effort was blown up and gunned down in Iraq but my ears still ring with the sound of Kofi Annan explaining why the UN was not going to continue there: "I only had one Sergio."
November 22, 2008 10:29 AM | Reply | Permalink
Tom Hayden said:
Is that a misprint, Sunnis killing Sunni children, or am I not understanding it?
On another note: While reading your article I began to visualize the concentration camp I helped liberate during WWII, the dehumanizing aspect is present again, this time in Iraq.
November 22, 2008 11:51 AM | Reply | Permalink
John,
It is the knowledge that "this time it is us" engaging in the unthinkable that makes the feeling of complicity so- effective for the rulers of our Government.
The tactic of making sure everyone's hands are bloody, just a little bit, has always worked wonders for tyrants elected and unelected everywhere.
November 22, 2008 5:31 PM | Reply | Permalink
diachronic,
sadly, you're right (sigh)
November 23, 2008 7:46 AM | Reply | Permalink
First, the treaty (it's not an executive agreement, as the Bush administration claims) doesn't preclude President-elect Obama from implementing a 16-month withdrawal after he takes office. Read article 24 of the treaty.
Second, the horrors of the U.S. occupation of Iraq and the Iraq civil war stem from the big lies of the Bush administration. Our government treated Iraq as part of the so-called Global War on Terror, and therefore anyone who fought against the occupation was officially labeled a "terrorist" or even tagged as "al-Qaeda." We have seen the consequences.
While sectarian tensions have always existed, the civil war was triggered by the occupation, as Sunnis (rightly or wrongly) viewed most Shiites as pro-occupation. For a while, the Shiite religious leaders preached tolerance, in the expectation that the new Shiite political dominance would eventually be accepted through elections. That didn't happen, and more radical Shiites went after the Sunnis-- guilty and innocent alike, as the U.S. forces stood by. The vast majority of Iraqi refugees are displaced Sunnis.
Now, of course, there is an ongoing power struggle between the Sadrists and Maliki's fractious coalition, which erupted into open warfare last spring. And let's not forget that Kurdistan wants Kirkuk and Mosul-- and their army is a match for Maliki's.
If I were Barack Obama, I'd be looking for ways to shorten that 16-month timetable.
November 22, 2008 12:17 PM | Reply | Permalink
Beg to differ, but it NOT a treaty. The agreement has been labeled, with bilateral agreement, a SOFA which by tradition is an executive agreement.
Bilateral? There is obviously agreement between Bush and Obama/Biden not to consider this pact a treaty, else Senators Obama, Biden and Reid, if not others would be clamoring to observe the Constitution's requirement for Senate advice and consent. There has been no such call. Iraq is more democratic than the US in this regard. Obama made a campaign issue about pulling combat troops out of Iraq but he has made no such issue of the proper form of the agreement to manage it.
Why such bilateral agreement? Because it obviates Senate discussion, which favors Bush, while it gives Obama future freedom to change an executive agreement rather than a law of the land which a treaty would be. In this sense it doesn't matter what the agreement says, Article 24 or any other, because the future president can implement executive privilege to alter the agreement either unilaterally, or jointly by buying off the Iraqi leaders.
Executive privilege will live on. The Emperors will not be denied their increasing power as the Constitution is trashed.
The ultimate goal, of course, is to maintain US bases in Iraq forever. "Withdrawal" means withdrawal of some combat troops. There is no way the US is going to abandon the vast infrastructure, especially air bases, that has been built in Iraq at great cost. Ask the Japanese, Koreans and Germans how this works.
November 22, 2008 2:37 PM | Reply | Permalink
Because the so-called SOFA also includes a security guarantee for Iraq, it's a treaty. So say the legal experts. Without the approval of the U.S. Senate, it's null and void.
November 22, 2008 8:03 PM | Reply | Permalink
"Legal experts" haven't been either elected or appointed to run the country so their opinion is moot. The President has said it's a SOFA, not a treaty, and the Senate has not disagreed. There are no Senate hearings scheduled. No suits have been brought. Your motion is therefore overruled and if the agreement is agreed to by the Iraqi government and the US executive branch then it's a done deal.
The fact that you and I happen to agree with the legal experts is also moot because the US government is hell-bent on illegal behavior. Senator Obama has drunk the executive privilege Kool-aid so he's no help in this matter, and neither are his agents Senators Biden and Reid. The US Senate is AWOL on this matter.
Why do we even have a senate? Good question (if I do say so). We have a senate to ratify what the President AKA Emperor decides to do, which makes it legal, no matter what the "legal experts" say.
November 22, 2008 11:06 PM | Reply | Permalink
There has been nothing more dispiriting (other than reading the tragic story of our activities in Mesopotamia and elsewhere) than seeing our votes go to people who rightly should be removed from office from refusal to do their jobs and adhere to the U.S. Constitution.
This trend will continue, and we will continue to vote, as if that will help matters.
November 23, 2008 6:40 AM | Reply | Permalink
We have posted the text of what appears to be the signed Status of Forces Agreement of November 17:
http://publicservice.evendon.com/SOFA-17Nov2008M.htm
Don
Pittsburgh, PA
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November 22, 2008 9:14 PM | Reply | Permalink
"The pact being negotiated between the US and Baghdad governments includes a direct rebuff to president-elect Barack Obama's promised policy of withdrawing American combat troops in 16-18 months. The pact instead would leave those troops in place until the end of 2011, a doubling of the timeline to which Obama pledged himself."
With all due respect, Mr. Hayden, have you read the document? For that matter, have you ever read a SOFA?
I would be very grateful for a copy, if you can direct me to one, because if your analysis above is correct, this is the weirdest SOFA in the history of the written word.
SOFAs do not (in my experience) deal with whether troops are in a country or not. They deal with the terms under which troops operate in a country.
They talk about things like visas, access to postal services, taxes, possession of weapons, civil and criminal liability, identity cards, use of airfields and railroads, the jurisdiction of military police, driver's licences, motor vehicle insurance, registration and plating of vehicles, jurisdiction of civilian police, live fire exercises, force security, and the application of domestic law to foreign troops.
They do not deal with how long a particular force must stay or when it will leave.
So if there is anything in this SOFA that says that the US must leave forces in Iraq until a specified date, I'd be very much surprised.
The more usual meaning of a terminal date in a SOFA is that the terms of the SOFA expire and any military or civilian personnel who were covered by it revert to the status of foreigners in another country without special protection.
Assuming that this document is similar to every other SOFA on the planet, the expiry date would appear to be a message from the Iraqi government that all US troops had better be out of the country by that date, unless they want to be subjected to Iraqi law. It does not mean that there is some obligation to keep troops in the country that long.
Have a look at
http://www.nato.int/docu/basictxt/b510619a.htm
It is is the official text of the NATO SOFA. It will give you a better idea of the subject matter usually addressed by a SOFA.
Of course, none of this affects your main point, which would appear to be that the US has aggressively abandoned the rule of law and is now facing the mess that this has created. You are correct, of course, but (again, with the greatest of respect) this is hardly news to the rest of the world.
November 23, 2008 8:35 AM | Reply | Permalink
Thank you, Don Krieger!
Paragraph 4 of Article 24:
4. . . . The Government of Iraq recognizes the sovereign right of the United States to withdraw the United States Forces from Iraq at any time.
As I thought.
November 23, 2008 8:47 AM | Reply | Permalink
Tom Hayden:
Thank you, Tom Hayden. This is true. The US military and CIA has tens of thousands of prisoners subject to torture, particularly in Iraq and Afghanistan.
But I respectfully take one exception to your statement.
US military aggression in other countries (Vietbam, Iraq, Afghanistan) is commonly called "counterinsurgency" but this is a misnomer.
An insurgency, according to the DOD Dictionary is:
US actions to overthrow a constitutional government, replace it with a puppet government and maintain a US military occupation obviously do not qualify as "counterinsurgency" but as an insurgency! The occupation resisters are the actual counterinsurgents, and they're properly fighting foreign insurgents!
Is this just semantics? No. Justice always accrues to the people fighting a foreign insurgents and occupiers. Regarding occupation resistance, these people are doing nothing less than you or I as Americans would do in the same circumstances.
November 23, 2008 10:04 AM | Reply | Permalink
A PDF of the Iraq Status of Forces Agreement can be found at http://graphics8.nytimes.com/packages/pdf/world/20081119_SOFA_FINAL_AGREED_TEXT.pdf
As has already been pointed out, Hayden is wrong about what the agreement says about U.S. withdrawal from Iraq, because it says that the U.S. must withdraw its forces "no later than" 12/31/2011, and specifically recognizes that the U.S. can withdraw its forces at any time before that. (See Art. 24, section 4.)
Hayden is also wrong about what the agreement says about detainees. Article 22, section 4, provides that:
(Article 4 is entitled "Missions" and speaks to the assistance of the U.S. "to maintain security and stability in Iraq.")
So the U.S. is required to turn over those for whom the Iraqi government has arrest warrants, and release the rest.
Which is what one would expect.
But Hayden seems to believe that the U.S. and Iraq have entered into a public agreement regarding secret and illegal detentions. It would be silly for the two governments to have such a public agreement, and it is silly of Hayden to think that they have entered into such an agreement.
November 23, 2008 11:22 PM | Reply | Permalink