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October 13, 2015

Kunduz Hospital Bombing: Probable Cause the U.S. Committed a War Crime

In one of the most despicable incidents of the United States’ 14-year war in Afghanistan, U.S. troops bombed a hospital in Kunduz, killing 22 people, including patients, three children, and medical personnel from Doctors Without Borders, or MSF. Thirty-seven people were injured, including 19 staff members in the Oct. 3, 2015, attack.

U.S. forces knew they were targeting a hospital because MSF, as it does in all conflict contexts, had provided its exact GPS coordinates on multiple occasions over the past months, including most recently on Sept. 29. There was a nine-foot flag on the roof that identified the building as a hospital. After the first strike, MSF contacted U.S. officials and reported the hospital was being bombed and begged them to halt the attack. Nevertheless, the U.S. AC-130 gunship continued to pummel the hospital repeatedly for more than one hour.

“Our patients burned in their beds,” said MSF International President Joanne Liu. “Doctors, nurses and other staff were killed as they worked.” She added, “Our colleagues had to work on each other. One of our doctors died on an improvised operating table – an office desk – while his colleagues tried to save his life.”Read more

October 12, 2015

Do the Democrats Offer a Progressive Choice for President?

Although the 2016 presidential election is a year away, the media is abuzz with the candidates – the Republican and Democratic candidates, that is. When CBS’s Stephen Colbert posed comedically with a collage of the 18 or so declared hopefuls, the Green Party’s candidate, Dr. Jill Stein, was noticeably absent from his photo. Only outlets like Democracy Now!, PBS and RT News feature the good doctor.

What choices do progressives have?

Hillary Clinton leaves a lot to be desired. She does favor a woman’s right to choose and has recently come out in support of marriage equality. Clinton supports comprehensive immigration reform but also backs stepped-up border enforcement. A former member of the board of Walmart, she is cozy with Wall Street and voted for the Patriot Act. Clinton has been called a “focus group Democrat,” often accused of believing what polls and focus groups tell her she should believe.

On foreign policy issues, Clinton is a first-class hawk. As Robert Scheer wrote on Truthdig:

“Clinton, in rhetoric and action, will never allow a Republican opponent to appear more hawkish than herself. In the general election, she will burnish her record of support for every bit of military folly from George W. [Bush]’s invasion of Iraq to her own engineering of the campaign to overthrow all secular dictators in the Middle East who have proved to be an inconvenience to the Saudi theocracy.”

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October 3, 2015

The U.S. Has a Duty to the ‘Tempest-Tost’ Syrians

Many of us are familiar with the Emma Lazarus poem on a plaque at the base of the Statue of Liberty:

“Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door!”

These words, written in the late 19th century, depicted the United States as a refuge for people who had crossed the Atlantic seeking a new home and a better life than they experienced in the places they left behind. The current massive humanitarian crisis in the Middle East, which has created a flood of refugees exiting Syria, obliges our country to live up to the welcome promised in that poem.

With George W. Bush’s invasion and occupation of Iraq, which led to the birth of Islamic State, the U.S. government played a significant role in destabilizing the Middle East. The United States and its allies–including Saudi Arabia and Turkey–have trained, financed and supplied weapons to forces fighting the government of Bashar al-Assad in Syria. This has exacerbated the refugee crisis we are now witnessing.
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Prisoners’ Struggle Ends Indefinite Solitary Confinement

Confirming Frederick Douglass’s adage, “Power concedes nothing without a demand,” prisoners held in solitary confinement for many years in California have won an unprecedented victory. After three hunger strikes, in which tens of thousands of California inmates participated, and a federal class action lawsuit filed on behalf of prisoners by the Center for Constitutional Rights (CCR), a landmark settlement was reached. It effectively consigns indefinite solitary confinement in California to the dustbins of shameful history.

More than 500 prisoners had been held in isolation in the Security Housing Unit (SHU) at Pelican Bay prison for over 10 years, and 78 of them had been there for more than 20 years. They spend 22 ½ to 24 hours every day in a cramped, concrete, windowless cell, and are denied telephone calls, physical contact with visitors, and vocational, recreational, and educational programs.
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One Day Soon, That Drone Overhead May Be Pointing a Taser at You

North Dakota has just become the first state to legalize police use of drones equipped with “less than lethal” weapons, including rubber bullets, Tasers, tear gas, pepper spray and sound cannons. Now, police will be able to remotely fire on people in North Dakota from drones, much as the CIA fires on people in other countries.

Although drones in North Dakota will be limited to “less than lethal” weapons, some of these devices can cause injury or even death, according to Christof Heyns, United Nations special rapporteur on extrajudicial, summary or arbitrary executions. He reported that rubber bullets, water cannons and tear gas have resulted in injury and death. “The danger is that law enforcement officials may argue that the weapons that they use are labeled “less lethal” and then fail to assess whether the level of force is not beyond that required,”

Heyns wrote. The Guardian reports that at least 39 people have been killed by Tasers as far in 2015. Heyns warned the U.N. General Assembly that the use of armed drones by law enforcement could threaten human rights. “An armed drone, controlled by a human from a distance, can hardly do what police officers are supposed to do–use the minimum force required by the circumstances,” he said.
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August 19, 2015

From Japan to Vietnam, Radiation and Agent Orange Survivors Deserve Justice From the US

We have just marked anniversaries of the war crimes and crimes against humanity committed by the US government against the people of Japan and Vietnam. Seventy years ago, on August 6, 1945, the US military unleashed an atomic bomb on Hiroshima, killing at least 140,000 people. Three days later, the United States dropped a second bomb, on Nagasaki, which killed 70,000. And 54 years ago, on August 10, 1961, the US military began spraying Agent Orange in Vietnam. It contained the deadly chemical dioxin, which has poisoned an estimated 3 million people throughout that country.

Devastating Effects of Radiation in Hiroshima and Nagasaki

On the day of the first atomic bombing, 19-year-old Shinji Mikamo was on the roof of his house in Hiroshima helping his father prepare it for demolition when he saw a huge fireball coming at him. Then he heard a deafening explosion and felt a searing pain throughout his body. He said he felt as if boiling water had been poured over him. Shinji was three-quarters of a mile from the epicenter of the bomb. His chest and right arm were totally burned. Pieces of his flesh fell from his body like ragged clothing. The pain was unbearable. Shinji survived but most of his family perished.Read more

July 22, 2015

The U.S. Aids and Abets War Crimes in the Philippines

After Sept. 11, 2001, President George W. Bush declared the Philippines a second front in the war on terror (“Operation Enduring Freedom-Philippines”). The Philippine government used this as an opportunity to escalate its war against Muslim separatists and other individuals and organizations opposing the policies of the government. The egregious human rights violations committed by the Philippine military and paramilitary forces are some of the most underreported atrocities in the media today.

The International Peoples’ Tribunal on Crimes Against the Filipino People, held July 16-18 in Washington, D.C., drew upward of 300 people. An international panel of seven jurors heard two days of testimony from 32 witnesses, many of whom had been tortured, arbitrarily detained and forcibly evicted from their land. Some testified to being present when their loved ones, including children, were gunned down by the Philippine military or paramilitary. I testified as an expert witness on international human rights violations in the Philippines, many of which were aided and abetted by the U.S. government.
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July 9, 2015

One Year After Gaza Massacre, UN Exposes Likely War Crimes

One year ago, on July 7, 2014, Israel launched “Operation Protective Edge,” a massive assault on the Gaza Strip. For 51 days, Israel bombarded Gaza with more than 6,000 airstrikes. Many of them hit residential buildings. Tawfik Abu Jama, a father of eight, told UN investigators, “I was sitting with my family at the table ready to break the fast. Suddenly we were sucked into the ground. Later that evening, I woke up in the hospital and was told my wife and children had died.”

The UN Human Rights Council subsequently convened an independent, international commission of inquiry to investigate violations of international law in the Occupied Palestinian Territory, particularly the Gaza Strip. The commission finally issued its report on the investigation on June 24, 2015, which included the quote from Abu Jama.

The commission concluded that Israel, and to a lesser extent, Palestinian armed groups, had likely committed violations of international humanitarian law and international human rights law, some constituting war crimes. “The scale of the devastation was unprecedented” in Gaza, according to the commission.
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July 7, 2015

Next Steps in the Normalization of US-Cuban Relations: Thoughts From the Cuban Five

Now that United States and Cuba are preparing to open embassies in each other’s countries, what else needs to happen to support the process of détente between the two countries?

During a recent visit to Cuba I posed this question to René González and Antonio Guerrero, two of the “Cuban Five” – five Cuban men who traveled to the United States in the 1990s to gather information about terrorist plots against Cuba and then became celebrated Cuban heroes during their subsequent incarceration by the United States.

Their reply? End the embargo and return Guantánamo Bay to Cuba.

“We have to remember that relations between the countries have never been normal,” González said, arguing that the normalization of relations won’t happen overnight. He added:
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May 13, 2015

Congress Should End Metadata Collection

Just as Congress was debating whether to reauthorize Section 215 of the Patriot Act, which the government has used to collect data on every telephone call we make, the Second Circuit Court of Appeals unanimously struck it down in ACLU v. Clapper. Congress has four days left in its current session to decide whether to reauthorize Section 215, amend it or let it die a natural death on June 1, 2015 (the date on which it will sunset if not reauthorized).

Section 215 of the Patriot Act

The controversial section authorizes the Foreign Intelligence Surveillance Court (FISC) to issue orders mandating phone companies, internet service providers, banks, credit card companies etc. to provide their records to the government if the FISC finds “there are reasonable grounds to believe” the records “sought are relevant to an authorized investigation” aimed at protecting the country “against international terrorism.”
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