KAMALIKA PIERIS
USA does not
have a good human rights record and it does not care either. In the domestic
sphere, US has the largest prison population in the world, mainly drug users, and the highest per-capita incarceration rate. 3000 odd
were on death row in 2016. 2.3 millions
American were behind bars. Many adults died in prison. Children can be sentenced to prison under US
law.
In 2010 USA
came under the Universal Period Review of the UN Human Rights Council. After
which, UNHRC issued 228 recommendations on how US can address its HR
violations. US dismissed many of the recommendations.
US has a
horrifying record of human rights abuses abroad, said critics. US armed forces
have committed war crimes in most of the wars it has participated in. By ‘war crimes ‘is meant crimes as defined by
the ICC and in the Geneva Conventions. USA does not care. US military cannot be
brought before the ICC. US has not
signed the Rome Statute and does not come under ICC scrutiny. But the charge of
war crimes remains. Here are some
instances of US war crimes.
US soldiers
killed German prisoners of war and
surrendering SS soldiers at the Dachau concentration camp on April 29,
1945 during World War II .This is
known as the Dachau Massacre.
U.S. troops
of the 45th
Infantry Division killed about 75 unarmed
prisoners, mostly Italian. In July 1943 in Sicily in two separate incidents. This
is known as Biscari massacre.
In Canicatti,
Italy, one officer, Lieutenant-Colonel McCaffrey had killed eight unarmed
Italian civilians in 1943 when they were helping themselves to items in a soap
factory. The American soldiers under his command had flatly refused to carry
out the order. This killing was exposed in 2005 when
Joseph S. Salemi of New York University, reported it. His father had been in
Canicatti as a corporal. Canicattì had already surrendered when U.S. troops
entered, therefore this was a war crime. It is known as the Canicatti massacre
“Operation
Teardrop” was a US Navy
operation during World War II, conducted
between April and May 1945, to sink German U-boats. Eight captured crewmen from the sunken German
submarine U-546 were
tortured by US military personnel. Historian Philip K. Lundeberg has written
that the beating and torture of U-546’s survivors was motivated by the
interrogators’ need to quickly get information on potential missile attacks by
German submarines. But there were no such missile attacks.
American
soldiers in the Pacific deliberately killed Japanese soldiers who had surrendered.
According to Richard Aldrich, Professor
of History at Nottingham University, it was common practice for U.S. troops not
to take prisoners. British historian Niall Ferguson, said that, in 1943, “a secret [U.S.]
intelligence report noted that it
was with difficulty that American troops
were prevented from killing surrendering Japanese.”
Ulrich Straus
said that troops on the front line intensely hated Japanese military personnel
and were “not easily persuaded” to take or protect prisoners. Army
interrogator Captain Burden noted that
many prisoners at Guadalcanal, were shot during transport because
“it was too much bother to take them in”.
During WWII
submarine USS Wahoo had fired on survivors of the Japanese transport Buyo Maru.
The US strafed thousands of adrift survivors of eight sunken Japanese troop
transports in 1943.
Secret
wartime files made public in 2006 reveal that US soldiers committed 400 sexual
offences in Europe, including 126 rapes in England, between 1942 and 1945, said
Wikipedia. A study by Robert J. Lilly estimates that a total of 14,000 civilian
women in England, France and Germany were raped by American GIs during World
War II. It is estimated that there were around 3,500 rapes by American
servicemen in France between June 1944 and 1945 and one historian has claimed
that sexual violence against women in liberated France was common.
US continued to violate military norms in
its subsequent wars. In the 1950
No Gun Ri massacre in Korean War there was a mass killing of Korean
refugees at a bridge near the village of
No Gun Ri. This was reported by the
Agence Presse in 1999. Over the years survivors’ estimates of the dead have
ranged from 300 to 500.
During the
Vietnam War (1955-1975) US forces committed horrifying atrocities in Vietnam. Information
on these were collected by Vietnam War crimes Working group of the Pentagon and sent to the US archives. These files show
that atrocities by U.S. forces during the
Vietnam War were more extensive than had been officially acknowledged. US
Army investigators found 320 incidents excluding Mai Lai Massacre.
The Mai Lai Massacre was a mass murder of 347 to 504 unarmed
citizens, carried out by US army on 16 March 1968 in the hamlets of Mai Lai and
My Khe in South Vietnam. Those killed were almost entirely civilians,
most of them women and children. Some of the victims were raped, beaten,
tortured, or maimed. some of the bodies found were mutilated.
In
1969 US launched “Operation Breakfast”, a
covert carpet-bombing of neutral
Cambodia. US
also dropped more than 2 million tons of bombs on Laos during the Vietnam War.
Khammouan province in Central Laos is still littered with unexploded bombs, said
National Geographic” in 2015. One bomb
went off at a picnic, when they lit a fire over it.
In 2003 a United States-led
coalition invaded Iraq and threw out its
US stooge, Saddam Hussein. An estimated 151,000 to 1,033,000 Iraqis were killed in the first three
to four years of conflict. Luis Moreno-Ocampo former first Prosecutor of the ICC had said that he was willing to start an
inquiry by the International Criminal Court (ICC) and possibly a trial, for war
crimes committed in Iraq by US and UK.
US went into Afghanistan in 1999 and is still fighting there. A
presidential memorandum of September 7, 2002 authorized U.S. interrogators of
prisoners captured in Afghanistan to deny the prisoners the basic protection required by the Geneva
Convention.This was a violation of the Convention and constituted war crimes.” Afghan prisoners were
subject to cruel and inhuman treatment said critics.
War on Terror”, was an
international military campaign launched by the US after the attack of September 11, 2001 on the World Trade
Centre in Manhattan, New York. US targeted
Muslim armed groups ( which they
had helped create) particularly Al-Qaeda, the Islamic State, and the Taliban.
Analysts observed that there was evidence of US war crimes in the
War on Terror. A leaked report by the International Committee of the Red Cross
and the July 2007 report by Human Rights First and Physicians for Social Responsibility
could be used as evidence of war crimes if there was a Nuremberg-like trial
regarding the War on Terror.
The war
crimes of the US are not confined to invading and killing. The US has bombed countries and assassinated heads of
state. US has assassinated around
40 heads of state, including Lumumba,
Allende, said Shenali Waduge. Shenali
has provided a list of all the
bombings carried out by US, from Nagasaki in 1945. The countries include Guatemala, Korea, Indonesia, Cuba, Congo,
Peru, Vietnam, Cambodia, Libya,
Nicaragua, Iran, Bosnia, Sudan, Afghanistan.
US is guilty
of using biological weapons. US biological weapons were first tested on
American prisoner and solders, without their knowing. Agent Orange was tested on prisoners. Then it was
unleashed on Vietnam.US is also
largest provider of live land mines.
US has
engaged in torture. The best known is Guantanamo. The Guantanamo Bay detention camp was a US
military prison holding prisoners
of the War on Terror. The activities of Guantanamo
were so bad that they were eventually investigated. USA admitted before the UN
Committee against Torture that they had ‘crossed the line’ at its CIA site at
Guantanamo.
Analysts observed that at Guantanamo US practiced precise, refined torture, including use of isolation, hoods, using
detainees individual phobias (such as fear of dogs) to induce stress and many
more ‘treatments’.
There was abusive
and degrading treatment at Guantanamo, beatings, sleep
deprivation, prolonged constraint in uncomfortable positions, prolonged hooding, cultural
and sexual humiliation, enemas as well as other forced injections, and other
physical and psychological mistreatment.
These had been authorized by the Pentagon.
,”On a
couple of occasions, I entered interview rooms to find a detainee chained hand
and foot in a fetal
position to the floor, with no chair, food or water. Most times, they had urinated or defecated on
themselves and had been left there for 18, 24 hours or more, said an FBI agent.”
UN tribunals set up at the behest of the US
and its NATO allies have been charged with bias. They were not impartial, they
were influenced by the US said critics.
In
1997 Louise Arbor, investigating the killing of all passengers on board a
Rwandan presidential aeroplane when it was shot down, covered up the results
when it was revealed that it had not been the Hutu extremists but the
Ugandan-RPF and US forces [the CIA was also implicated] who had shot down the
plane. Arbor was thus an accomplice to a war crime and obstructed justice for
which she was rewarded with a number of lucrative positions.
Christopher Black, a lawyer specializing in
International Law who has appeared for individuals brought before UN
tribunals commented on the way in which
these tribunals have conducted the inquiries. Many
individuals brought before these tribunals had been falsely accused, he said.
These
tribunals use criminal methods against
persons that the US wants
punished, such as first throwing them in prison with no indictments shown or
prior appearance before a court. Prisoners suddenly disappear, isolation being
a method used to exert psychological pressure on them, Black continued.
A
respected Rwandan General who had saved many Rwandan lives was arrested in
2000. Eleven years later the trial judges concluded that the arrest had been
illegal and politically motivated because he had testified that the US and the
UN forces had been directly involved in the violence unleashed in that country.
Tribunals
pressurize the accused to use lawyers either in their pay or whom they could
bend to their will to do their bidding, or those in the pay of the West. Documents and relevant disclosures are
withheld from these lawyers. Indictments/charge
sheets are often false and propagandist and often have parts blackened so that
the defense lawyers cannot understand that whole charge. Lawyers are subject to
harassment, intimidation, are followed, their hotel rooms are broken into and
rumours are spread about them to discourage their appearing for the accused,
Black concluded.
Everybody knew or at least suspected that terrible things were
happening in the US campaigns in Afghanistan and Iraq. But there was no evidence. Wikileaks provided the evidence. In 2010 Wikileaks released a trove of
classified State Department and Pentagon files detailing the realities of the
US campaigns in Afghanistan and Iraq.
These came from US army intelligence official Chelsea Manning who
had secretly fed spectacular dump of 725,000 classified files to Wikileaks. They
showed possible war crimes by US forces in Iraq and Afghanistan,
The most striking piece of
evidence was a video and audio clip from an Apache helicopter gunship attacking
civilians in Baghdad in 2007. The crew spray their targets with machine-gun
fire, making comments like “Oh yeah, look at those dead bastards” and
“It’s their fault for bringing their kids into battle”. They even
shot at a vehicle that stopped to help the wounded.
The
vindictiveness of the American security establishment towards whistle-blowers
is awesome to behold, said Gwynne Dyer. Chelsea Manning, was given a 35-year
sentence. She was pardoned by Obama in 2016 but was jailed again for eight months in 2019 in an
attempt to force her to incriminate Assange. Manning held out under huge
pressure, accumulating $1000 fines for each day she refused to talk, and was
finally released in March 2020 after attempting suicide. The fines still stand,
however, and she is now a bankrupt who owes the US government $256,000.
A
British judge has finally rejected the US attempt to extradite Wikileaks
founder Julian Assange and jail him forever in a high-security ,supermax prison
reported Gwynne Dyer. Judge Vanessa
Baraitser at the Old Bailey in London had to work quite hard to thwart the US
government’s campaign to get its hands on Assange. In the end she ruled that
while the American prosecutors had met the legal criteria for Assange to be
extradited to the US for trial, their request was denied because the US authorities
could not prevent him from attempting to take his own life.
The
road of the whistle-blower is long and lonely. Edward Snowden, who alerted the
world to the scale of the US global electronic surveillance operation in 2013,
is still in exile in Russia. But such people are among the few protections we
have against misdeeds. Daniel Ellsberg was celebrated for his theft and publication of
the Pentagon Papers” detailing the US government’s crimes in Vietnam. Assange
is firmly in that tradition. His revelations about the US military’s misdeeds
in Iraq were as valuable as Ellsberg’s about Vietnam. So take a moment to
honour Julian Assange and Chelsea Manning. They have earned it, said Dyer. ( continued)