THE CRIMES
OF EMPIRE

Rogue Superpower and World Domination

THE CRIMES OF EMPIRE

Rogue Superpower and World Domination

Carl Boggs

Foreword by Peter McLaren

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Contents

Foreword by Peter McLaren vii

Preface xiii

Introduction 1

1 Crimes Against Peace 26

Forgetting Nuremberg 27

Superpower Ethics 34

Descent into Lawlessness 44

2 Warfare against Civilians 48

World War II and its Legacy 49

"Collateral Damage" or Mass Murder? 52

Aerial Terrorism: From Tokyo to Baghdad 64

A Pattern of Atrocities 73

A Culture of Denial 83

3 War Crimes by Proxy 89

A History of Aiding and Abetting 90

Central America: Second-Hand Terrorism 93

Yugoslavia: "Humanitarian" Warfare 97

Israel: Client-State Outlawry 100

Perpetual War 110

4 Weapons of Mass Destruction 112

Economic Sanctions: Terror by Other Means 115

The Nuclear Madness Continues 117

A Legacy of Toxic Warfare 126

The Biowarfare Option 133

Empire and Barbarism 137

Postscript: The WMD Commission 138

5 A Tale of Broken Treaties 144

Lawlessness: An American Legacy 147

Subverting the United Nations 153

Genocide Accords: The Great Retreat 159

vi THE CRIMES OF EMPIRE

Imperialism in Space

Global Warming: The Triumph of Corporate Profits

6 War-Crimes Tribunals: Imperial Justice

The Nuremberg Precedent — and Beyond
NATO's Hague Travesty
The Hussein Tribunal: Counterfeit Justice
The International Criminal Court
The U.S. Assault on International Law

7 Torture and Other Atrocities 207
The Historical Labyrinth 209
Guantanamo: The New Devil's Island 217
Abu Ghraib: Chamber of Horrors 223
Mercenary Terrorism 232
Outlawry and Denial 237

Conclusion: Empire or Survival? 241

Postscript: The Routinization of Mass Murder 249

Notes 262

Index 277

Foreword

In a nation beset by financial meltdown — stemming from the
catastrophic decline of Wall Street and the global crisis of financial
capital in September and October 2008 — and marked by wildly
undulating peaks and troughs within its moral history, this book
might be something most American readers will studiously want to
avoid. That would be a regrettable error of judgment indeed. This
powerfully illuminating volume by storied leftist author Carl Boggs
is precisely what is needed at this precipitous historical moment that
reaches further than the shores of the Americas and encompasses
the very heart of what we have come to call civilization.

The United States bears no small responsibility in fomenting the
current climate of fear and repression. The crimes of empire of
which Boggs speaks are not peccadilloes but reflect the quiddity of
the American soul. This is a book about criminal behavior. Not the
crimes that my grandmother used to read about in True Detective
magazine, a Du Maurier cigarette smoldering on her lower lip. After
all, these are not, for the most part, isolated crimes involving bank
tellers, love triangles or clerks in the neighborhood liquor store
shot over a bottle of malt whiskey and a Baby Ruth. The criminal
behavior featured in this book illustrates a contempt of the law
that runs deep inside the structural unconsciousness of U.S. society;
so deep, in fact, that it remains unacknowledged as such, or even
mistaken for its opposite — the protection of liberty and freedom,
not just for U.S. citizens (although they appear to be democracy's
preferred customers) but for all of humanity, including the United
States' colonial valets.

These are systematic, widespread, and officially sanctioned crimes
that are designed from the outset to kill and maim thousands of
people in whatever theaters are deemed appropriate by the U.S.
administration and military, employing what is unmistakably the
most feared and powerful war machine ever created. The use of
remote-controlled drone Predators that kill one enemy target for
every 70 civilians killed; the use of bunker-busting bombs, cluster
bombs, radioactive weapons such as depleted uranium shells,
napalm, white phosphorous, and weapons of mass destruction
that have over the last 50 years left millions dead; the arming and

viii THE CRIMES OF EMPIRE

funding of death squads in places such as East Timor, Argentina,
Chile, Brazil, El Salvador, Guatemala, Honduras (especially the
CIA-created "Battalion 316"), Colombia, Bolivia, Angola, and
Mozambique; "free-fire zones"; the massacres carried out by the
infamous "Tiger Force" of the U.S. Army's 101st Airborne Division;
the American-style death squads of Iraq's "Salvador Option";
the Chicago police dungeons, the practice of waterboarding that
can be traced back to the U.S. conquest and occupation of the
Philippines (1899-1902); extra-legal operations such as the CIA's
Operation Phoenix (that assassinated between 20,000-40,000
civilian Vietnamese "activists" between 1967 and 1971); and,
more recently, executive assassination rings under the aegis of the
Joint Special Operations Command that engage in preemptive and
proactive attacks on foreign nationals in their own countries — all
of these actions taken by the United States over the past centuries
send an unmistakable message to the world: The U.S. is ready and
willing to employ vast arsenals of death to protect its geostrategic
and financial interests around the world.

That the leading violator of international legality and prime
perpetrator of international outlawry can view its own legacy with
so few official admonishments is shocking to the rest of the world.
To take just one example, it would require 69 walls the size of the
Vietnam memorial to list all the Vietnamese who were killed in
that war.

The hooded figure standing on a stool at the U.S. Abu Ghraib
prison in Iraq — wires to administer electric shocks dangling from
underneath a blanket draped over his outstretched arms, on
whose broken figure the imprint of the depraved brutality of the
U.S. military was so dramatically augmented — haunts the blood-
splotched corridors of our national memory. Sheikh Mohammed
was waterboarded by CIA "interrogators" 183 times in one month
in 2003 — a torture technique so heinous that it provokes the victim
to gasp for air when being suffocated (it is considered a war crime
under U.S. law and illegal under international agreements signed
by the U.S.). We will remember these crimes that were not labeled
as torture when undertaken by the U.S. military and intelligence
agencies but were decried as such when used by other countries
such as Japan and the Soviet Union (the U.S. convicted Japanese
torturers for waterboarding U.S. troops after World War II). We
will remember images of naked prisoners covered in feces forming
a human pyramid for the amusement of U.S. guards, or a naked
prisoner on his hands and knees being led around on a leash

by a female soldier. We will remember the accounts of female
interrogators wiping red ink disguised as menstrual blood on the
faces of Muslim prisoners, or a naked detainee lying on a wet floor,
handcuffed, and having objects shoved up his rectum. Or the coffins
where detainees were confined along with insects described to them
by their interrogators as venomous. We will remember these acts
which were not designed to extract information so much as to strike
fear into the hearts and minds of all those who would oppose U.S.
interests, domestic and abroad. But we can have no memory of those
who died during interrogations by the U.S. military, which according
to John Sifton amounts to at least 100 post-9/11 detainees, whose
alleged murders were left uninvestigated and prosecuted by the
Bush Justice Department, even when the CIA Inspector General
referred a case (see Sifton's article, "The Bush Administration
Homicides"; available at: http://www.thedailybeast.com/blogs-
and-stories/2009-05-05/how-many-were-tortured-to-death). Of
course, the top levels of government had given its imprimatur, and
it is likely that this also involved key Democrats as well. While
U.S. military personnel participating in the torture of detainees
are required, when necessary, to apply sub-xyphoid thrusts or to
undertake tracheotomy procedures during waterboarding, Sifton
reports that at least half of these deaths were deliberate homicides.
Many pundits in the U.S. media, for example Thomas Friedman,
justify the torturing of Al Qaeda operatives because they represent
a special cadre of fiends, whose martyrdom tactics require a special
barbarism (see Friedman's article "A Torturous Compromise," New
York Times, April 28, 2009; available at: http://www.nytimes.
com/2009/04/29/opinion/29friedman.html). When, after the release
of four formerly secret torture memos, President Barack Obama
announced — "[I]t is our intention to assure those who carried
out their duties relying in good faith upon legal advice from the
Department of Justice that they will not be subject to prosecution"
— it set up a terrible precedent that haunts the legacy of those World
War II German soldiers who sought to be excused from prosecution
for their participation in crimes against humanity because they were
merely following orders and relying in good faith upon the advice
of their superior officers — a defense clearly rejected during the trials
of Nazi war criminals held at Nuremburg. Torture is clearly and
plainly a crime against humanity. Granting immunity to torturers
in the face of such crimes robs the U.S. government of its humanity
as much as the prisoners it tortured.

X THE CRIMES OF EMPIRE

True, some politicians have decried the recent torturing of "enemy
combatants," but the words falling from their tongues have about
as much moral gravity as roaches dropping off a laminated table
cloth in a skid row establishment. Their remarks seem scripted and
patently disingenuous, as they ignore the fact that U.S. war crimes
have been undertaken and supported by U.S. administrations for
centuries. What was so special about the Bush regime was that, more
than any other administration before it, it attempted to codify and
institutionalize such criminal behavior. And especially significant
was the intense fascination with the images from Abu Ghraib on the
part of citizens around the world, images that punctured viewers'
imaginations and arrested their attention. So powerful were the
spectacular effects of these images on the U.S. public that they
temporarily released viewers from their ideological custody and
removed the leg irons that the Bush administration had placed on
their moral conscience. But that should not distract us from all
the horror that occurred prior to the Bush gang's now infamous
eight-year legacy.

The idea of the United States as a pro-torture society that
egregiously violates both domestic and international law is as
about as surreal to many Americans as the idea of entering a local
Baptist church and being greeted by a pastor wearing bobby socks, a
rainbow colored wig, Twiggy-like eye makeup and teetering toward
them on stilts. It just doesn't fit the expected image. The United States
of America has done a majestic job of fashioning itself in the eyes of
its own population as the world's greatest defender of freedom and
justice. Yet the main principles of the Nuremburg tribunal, adopted
by the United Nations in 1950 and generally respected throughout
the world, do not appear to apply to the United States. And for
nearly half the country, the fact that the U.S. nurtures cadres of
indefatigable torturers is something that is rationalized as a dirty
but necessary business in order to protect the Homeland. Advocates
for torture go so far as to argue that the "enhanced interrogation
techniques" practiced by the U.S. military and intelligence agencies
should never become a serious object of debate in the public square,
because such a debate would only steel our enemies against us.
Rather than sanctioning a public judgment or repudiation, with
some legal consequences for the crimes exercised by U.S. military,
many U.S. citizens would simply prefer to look the other way. With
their heads inside buckets decorated with the Stars and Stripes,
infuriated Americans have told us insistently that we are coddling
ts. Their intellectual conceit allows them to ascribe to the

meaning of "patriot" an identity and political role that enables them
to judge patriotism as applicable to any action that will protect the
Homeland. While debates abound in the independent and corporate
media about U.S. torture practices, Congress was being asked to
support a bill of $83.5 billion in supplemental funding in Iraq,
Afghanistan, and Pakistan (these war fronts are costing the U.S.
$12 billion each month).

The Crimes of Empire takes an enlightened look at the history of
U.S. military criminality. It is unwaveringly critical in situating the
problem of war crimes and outlawry generally within a systemic
framework. What makes it especially important is its focus on
the long legacy of U.S. imperialism and militarism, and hence
its revelation that the Bush Doctrine did not really depart that
much from the crimes that preceded it. The author has a profound
understanding that more current examples of U.S. outlawry and
criminality must be tied to the entirely of U.S. history, going
back to slavery, the Indian Wars, early colonialism, and later
imperialism. The outlawry and brigandism and aggressive U.S.
militarism, along with familiar doctrines of national exception-
alism, "humanitarian intervention," and "preemptive war," so
evident throughout American history as a recurrent feature of
U.S. global behavior, have been captured brilliantly in The Crimes
of Empire. The present cannot be understood apart from this
historical legacy, which remains very much with us. Unlike other
writers on U.S. militarism, who provide shade-tree analyses of
U.S. foreign policy, Carl Boggs' Argus-eyed focus on outlawry
and criminality permits a broader, more contextualized, more
radical treatment of such commonly discussed topics as terrorism,
weapons of mass destruction, treaty violations, tribunals, torture,
changes in the military-industrial-complex, mercenary armies, and
contemporary geopolitics, resulting in a powerful conceptual and
historical context for evaluating the Bush Doctrine. There are
few places in any literature dealing with U.S. foreign and military
policy in which one finds such a powerful contextualization. And
especially in the absence of serious media, political, intellectual, or
legal scrutiny this volume in a much-needed corrective.

The Crimes of Empire explores all aspects of the problem of
U.S. outlawry and criminality — economic, political, global, racial,
psychological — linking the ideological and institutional factors
underlying such outlawry and doing so with unflinching verve and
scholarly expertise. It is a book of epic scope and is sure to become
a classic work of this genre.

xii THE CRIMES OF EMPIRE

When Walter Benjamin wrote about the Angel of History ( Angelus
Novus) in his ninth thesis from his essay "Theses on the Philosophy
of History" he described the Angel with his face turned toward the
past being swept into the future by a storm from paradise whose
winds are raging with such force that the Angel can no longer
close his wings. The storm — what we call "progress" — has only
increased since Benjamin's day, blowing the wings right off the
Angel of History so that he can no longer move of his own accord.
War, genocide, and the culture of militarism have rendered history
itself immobile and risk blasting us into the future at such a speed
that time itself becomes obliterated and history is demolished. The
future of humankind — what Marx referred to as the end of the
prehistory of humankind — rests on creating the kind of world in
which the deforming power of the culture of militarism no longer
feeds the engines of progress. Boggs' new work is a vital step in
creating such a world.

Peter McLaren
Los Angeles, 2009

Preface

In writing a book on U.S. outlawry going back to the earliest
days of the Republic, the author predictably encounters a reflex
hostility to a subject matter likely to be received by most Americans
as outrageous, if not entirely crazed. After all, war crimes and
other international bad deeds are impulsively understood as acts
perpetrated by others, usually the evil foes of a democratic America:
Nazis, Communists, rogue tyrants, terrorists, and the like. Even
when U.S. military personnel have been identified as war criminals,
as at My Lai in Vietnam or Abu Ghraib in Iraq, they are normally
viewed as a few deviant sadists who violated military discipline and
were then swiftly brought to justice, with no thought of holding
upper-level government or armed-forces leaders responsible. Further,
where the U.S. has clearly been guilty of wider criminality, such as
unprovoked military aggression, the conventional wisdom is that
all such misdeeds are by now ancient history, offering important
lessons, and never to be repeated. In an era of modern warfare,
moreover, is it not generally appreciated that the Pentagon will
go to any lengths to avoid "collateral damage," minimizing the
civilian deaths and destruction caused by U.S. weaponry? We
are also routinely informed that the past blunders and excesses
of U.S. military action, however unfortunate, must be viewed in
their proper context: as the unfortunate side-effects of a benign
superpower doing everything in its capacity to extend the virtues of
democracy, human rights, and peace to a troubled, anarchic world.
It follows that scholarly or journalistic work ought to confront the
real sources of conflict — foreign evildoers using ruthless violence
in the service of nefarious interests. Why should any reasonable
investigator want to explore American criminality when the really
threatening bad guys on the planet ought to be the all-consuming
target of moral outrage and political dissection?

In surveying and analyzing the protracted legacy of U.S. outlawry,
this book follows a quite different path, taking on the sacred myths
through many chapters of detailed historical evidence. My central
thesis is that the U.S. stands today as the most fearsome outlaw
nation in the world, its leaders having contributed to a steady descent
into global lawlessness. American political and media culture, it is

xiv THE CRIMES OF EMPIRE

true, remains saturated with images and narratives of horrendous
war crimes, along with human rights violations, on TV, in movies,
books, and magazines — but only when carried out by others, mostly
culprits designated as U.S. enemies. A recent case in point: a group
of Hollywood celebrities, preparing for the 2009 Academy Awards,
organized a series of fundraising events to aid prosecution of war
criminals — nothing related to Iraq or Afghanistan, of course, but
instead to Bosnia, where Serb "ethnic cleansing" in the 1990s
remains an uppermost target of criminal indictments. The group,
including George Clooney, Elton John, and Cindy Crawford, were
assisting the work of an international justice clinic at UCLA set up
to deal with global atrocities occurring in such places as Rwanda,
Darfur, and the former Yugoslavia. The culprits, of course, were to
be found thousands of miles from American shores.

Another example: the 2007 film The Hunting Party, starring
Richard Gere and Terrence Howard, a gripping noir-style story
framed against contemporary world events, brought to the screen
as a documentary-style drama based on four reporters' search for
an at-large war criminal. Could such a story possibly be constructed
around events in Vietnam? Iraq? Afghanistan? Panama? In fact,
director Richard Shepard chose to focus on Bosnia, where Western
searchers were tenaciously hunting down a number of demonic Serb
outlaws on the run — those same "ethnic cleansers" who were meant
to have been neutralized by three months of U.S. /NATO aerial
bombardments in early 1999. Advertised heavily by the U.S. State
Department and marketed as "the story of a lifetime," the picture
was described by Gere as a much-needed effort to "put the ghosts
of that region on film." The movie ends as three of the journalists,
outraged and ready for vengeance, finally locate a Serb war criminal
and decide to inflict their own brand of justice. This formulaic
plot perfectly fits the taken-for-granted American discourse on
war crimes, the villains sure to be found in a geopolitical setting
where U.S. interests are threatened by figures so dehumanized that
audiences will instinctively identify with good guys against the
bad guys — a motif with deep roots in Hollywood Westerns and
combat movies.

Another recent example: in November 2007, the New York-based
Human Rights Watch, energetic watchdog of rights abuses around
the world, published its list of the most guilty violators — the Congo
for its use of child soldiers, warlord crimes in Afghanistan, myriad
atrocities in the Sudan, Egypt, and Uzbekistan. These violators no
doubt deserve mention. But so to a far greater extent does the

United States, its ongoing military operations in Afghanistan and
Iraq constituting a source of death and destruction far beyond
these other examples combined — but we get nothing. To believe
that such omissions might be simple oversight is to forget the
remarkable power of the dominant mythology, fueled by the mass
media, in defining contemporary discourse around global politics
and especially war crimes.

Such parochial bias obfuscates understanding of international
realities, further blocking the struggle for a peaceful, lawful
order. Little progress along these lines is conceivable without a
full accounting of U.S. lawlessness: repeated episodes of military
aggression, large-scale attacks on civilians and their life-support
systems, ongoing treaty violations, subversion of the U.N. Charter,
stockpiling and use of weapons of mass destruction, support for
client-state outlawry, training and equipping of terrorists and
death squads, the practice of torture, armed threats against other
nations. This legacy has produced, by conservative estimate, several
million deaths since World War II, tens of millions wounded, and
yet another tens of millions displaced (at least three million in Iraq
alone since 2003). Public infrastructures in many of the targeted
countries have been left in ruins. Environmental horrors have
followed every large-scale U.S. military operation, the damage left
to fester. And deadly consequences of an escalating U.S. militarism
persist, while the power structure continues to locate ominous new
threats. Since American outlawry has continued and in some ways
intensified across more than two centuries, the phenomenon can
only be understood as part of an enduring historical pattern.

Yet as the political and media cultures carry forward an ethos of
strict denial, the stubborn actuality of U.S. global power remains
difficult to ignore — military deployments in some 130 countries,
control of international seas and airspace, unmatched surveillance
capacity, stockpiling of more weapons of mass destruction (WMD)
than all other nations combined, plans to weaponize (and possibly
nuclearize) space. Americans remain fixated on the crimes of fascism,
the Nazis, and Hitler — and of course the Germans did invade
several countries at the outset of World War II, did commit crimes
against humanity, and did kill millions in their push to dominate
Europe. Such historical finger-pointing might be comforting to
those Americans who want to feel morally superior (or politically
complacent) in the face of present-day U.S. lawlessness. Implicit in
such "comparisons" with historical fascism is the notion that, while
Americans were guilty of terrible deeds at certain points in history,

XVi THE CRIMES OF EMPIRE

they have surely never been that bad. Hitler and the Nazis, after all,
were irredeemably evil. But there is a question as to whether the Nazi
barometer is a useful standard for measuring one's own national
legacy of wrongdoing. Does the common murderer, or even serial
killer, feel better or in some way vindicated when compared to Ted
Bundy or Charles Manson? A more salient point, however, is that
Hitler (and the Nazis) were quickly de-legitimated, fought, defeated,
and driven from the historical stage, never to return. And subsequent
generations of fascists and neo-Nazis have made little headway. The
contemporary U.S. empire, on the other hand, has both retained
and expanded its economic, political, and military power across
the planet, emphatically so since the 1980s. Its imperial hegemony
enjoys solid domestic legitimacy while its worldwide presence, at
least militarily, has no serious rivals. Its capacity to bring death and
destruction to any region of the world is unmatched. Furthermore,
while the Nazis carried out their horrendous crimes over a period
of several years, the American behemoth has conducted itself as a
rogue power across two centuries (although in this book I focus
mainly on the postwar decades). By the early twenty-first century the
U.S. global agenda had become the single biggest threat to planetary
survival, for reasons explored in later chapters.

Such arguments cannot be sustained without running head-first
into an ensemble of myths shrouding American political life —
especially in the realm of foreign policy — that remains powerful
despite massive countervailing evidence. Iraq furnishes a nearly
ideal case study in itself, yet the fiction that this or any U.S. military
venture is driven by strictly noble, enlightened goals cannot be
easily dislodged, even among the educated strata. The same goes
for the belief that earlier U.S. criminality is best forgotten at a
time when Washington is struggling mightily to bring freedom and
democracy to a perilous world. Obsession with past history, after
all, fixates on false standards and solves no problems. Other myths
linger, including the belief that U.S. war crimes today are the work
of a few thugs failing to heed standard military discipline. Could
the behavior of U.S. armed forces ever be deliberately unlawful, a
function of political choices, strategic vision and tactical planning?
Perhaps, but such behavior must obviously be the fault of stupid or
incompetent leaders — never systematic or planned, never produced
within the framework of Pentagon agendas — and of course the
wrongdoers are swiftly and severely punished. By this rendering,
the (failed) invasion and occupation of Iraq was a simple miscal-
culation by the Bush presidency, already known for its political

myopia and clumsiness, rather than a calculated operation with
well-articulated economic and geopolitical objectives. As we shall
see, these and related myths about U.S. foreign policy and military
behavior can be easily demolished by an abundance of historical
and present-day evidence.

In Iraq the deadly several-year record is visible for the world
to see: an invasion carried out in flagrant disregard of the UN.
Charter and based on a series of false claims; a "shock-and-awe"
campaign targeting urban centers; an illegal occupation giving the
U.S. control of Iraqi resources and institutions; a death toll, mostly
civilians, possibly surpassing one million; several local massacres;
unlawful detentions and torture; the deployment of "private
contractors" able to wreak havoc outside local jurisdiction; use
of terror weapons like white phosphorous, napalm, and depleted
uranium. (According to the London NGO Iraq Body Count, by early
2009 total Iraqi deaths — overwhelmingly civilian — resulting from
war and occupation numbered between 800,000 and 1.3 million,
leaving more than one million war widows and five million orphans.)
Terrible as this debacle has been, it fits broadly within the pattern of
earlier U.S. military ventures. In fact Bush's militarism, beginning
with his "preemptive war" strategy, continues a legacy going back to
the presidencies of Andrew Jackson, James Polk, William McKinley,
Woodrow Wilson, Harry Truman, and indeed most of Truman's
successors. Jackson, of course, became one of the most idolized
presidents in U.S. history — his portrait etched on the 20-dollar bill,
his name memorialized in thousands of schools, his enduring image
that of a working-class champion, a man of the people. Yet it was
this same Jackson who, in 1830, inaugurated the notorious Indian
Removal project that drove Cherokees and other tribes from their
homes so that white settlers could steal their land and resources.
It was this same Jackson, moreover, who owned large numbers of
slaves and who invented the modern "imperial presidency." Arthur
Schlesinger's Pulitzer-Prize winning biography, The Age of Jackson,
somehow managed to skip over the embarrassing topic of Indian
Removal while glorifying a leader who today would be universally
viewed as a war criminal.

My hope is that this book will contribute to widening public interest
in questions of American criminality and outlawry, similar to what
has taken place in Germany, Japan, Argentina, South Africa, and
elsewhere, although a deep culture of national exceptionalism (and
denial) militates against it. As the major superpower and dominant
military force in the world, the U.S. possesses a unique capacity to

XViii THE CRIMES OF EMPIRE

militarily intervene across the globe, trigger new cycles of armed
conflict, foster a renewed arms race, subvert global agreements, and
spur general lawlessness — with planetary survival quite possibly
at stake. American public awareness is crucial, moreover, insofar
as people living in the midst of empire will, theoretically at least,
have real political leverage over the course of events, which is the
generally understood essence of citizenship in a democratic society.
Citizenship obligates people to speak out and act, especially where
grievous injustice or criminality is carried out in their name, but
that in turn requires information and awareness. What happens
in China and the Sudan is surely worthy of close attention, but
American citizens have no power (individually or collectively) to
confront those more distant evils — unless, as with Israel, the U.S.
itself is deeply implicated through its financial and military support.
At the same time, where it concerns the (actual or alleged) criminal
behavior of others, Americans are best advised to refrain from taking
the moral high ground, as their credibility shrinks in a universe where
their own imperial state is by far the most frequent and destructive
offender. Citizens of any nation, especially the most powerful, must
first work to get their own affairs in order. The familiar recourse
here to the spread of "American values" is fraudulent because it
assumes what has never been demonstrated — namely that such
values (democracy? peace? human rights?) effectively guide U.S.
foreign policy as opposed to what can be proven empirically: that
aggressive imperial pursuits, since the time of the Indian Wars, have
been the truly operative "American values."

Pointing elsewhere when more pressing challenges are closer to
home amounts to yet another form of collective denial. Dwelling
on genocidal monsters and war criminals responsible for horrors
elsewhere, Americans can breathe a sigh of relief while redoubling
efforts to locate guilty parties in foreign lands, or in past history,
while sidestepping one's own immediate culpability. It might be
comforting to identify Stalin, Hitler, and Mao as totalitarian mass
murderers — while also charging assorted present-day foreign
tyrants and terrorists with assorted war crimes — as the protracted
American criminal legacy gets obscured. U.S. politicians and the
media routinely insist on recognizing the historical responsibility
of others — Russians, Serbs, Germans, Japanese, and Chinese, for
example — the presumed first step toward atonement and "recon-
ciliation" in dealing with past crimes. Museums and monuments
are erected as testaments to the awful crimes of others. But what
of an American "reconciliation" process yet to be undertaken,

or even considered? What about past crimes against Native
Americans, Filipinos, Mexicans, Japanese, Koreans, Panamanians,
Guatemalans, Vietnamese, Cambodians, Laotians, Yugoslavs,
Afghans, and Iraqis? What about the terrible legacy of slavery and
the slave trade? What about the flagrant outlawry of the second
Bush administration? Sadly, the Washington power structure and its
ideologues remain oblivious to past military crimes, having made no
apologies, no reparations, no "reconciliation," indeed having built
no monuments or museums toward such purposes. At no time in
its violent history has Washington faced direct moral and political
accountability for its actions, its leaders being seemingly immune
from legal culpability or criminal punishment, given a free hand to
continue their outlawry. Herein lies another rationale for injecting
war-crimes issues into American public discourse: outlaw behavior,
reaching the very summit of governing and military circles, should
be named, delineated, prosecuted, and, where guilt is established,
severely punished. My view, which seems hardly worth debating,
is that principles of international law should be universal, applied
evenly wherever violations occur — a view widely upheld outside,
but rarely within, the U.S. Creating a machinery for this process,
along the lines of the International Criminal Court (dismissed by
Washington), is among the most urgent of global challenges. As
Barack Obama took over the U.S. presidency in January 2009, issues
regarding the culpability of Bush administration leaders for war
crimes, other violations of international law, and even abrogations
of the American Constitution began to surface — even within the
political establishment. Representative John Conyers, for example,
called for a Truth and Reconciliation Commission similar to those
set up in South Africa, Argentina, and elsewhere. (The postscript to
the present work contains a fuller discussion of this issue.) Serious
efforts to hold U.S. government and military figures responsible for
criminal activity, either domestically or globally, face tremendous
obstacles of the sort discussed in later chapters.

The historical perspective employed in this book calls forth a
systemic view of U.S. outlawry, with the distinctly legal component
being just one part of a complex whole that incorporates history,
politics, culture, and international relations. The crimes of empire
should be viewed as neither episodic nor simple excesses of otherwise
benevolent policies but as endemic to an imperial order legitimated
domestically by a fierce national exceptionalism, superpatriotism,
militarism, and racism, all with a strong resonance in the political
culture. Stupid or incompetent leadership decisions occasionally

XX THE CRIMES OF EMPIRE

enter the picture but hardly account for an established historical
pattern spanning many decades.

U.S. outlawry takes many forms — international law violations,
treaty abrogations, subversion of the U.N. Charter, crimes against
peace, military atrocities, human rights abuses including torture, use
of banned weapons, attacks on civilian populations, proxy crimes,
rejection of an independent world tribunal — that constitute an
unmatched record of lawlessness and criminality. Of course most
Americans prefer to regard such behavior as a relic of the past,
symptomatic of less "civilized" times, but now made obsolete by
"precision" high-tech warfare that essentially solves the problem
of "collateral damage." True enough, an evolving international
moral consensus now stigmatizes and criminalizes military behavior
once regarded as normal — but the U.S. has, with few exceptions,
stubbornly refused this consensus, and remains prepared to follow
its own dictates and set its own rules, with clearly disastrous
consequences.

An Obama presidency is thought by many to promise new
directions in U.S. foreign policy, suggesting that the paradigm of
American outlawry explored throughout this book might give
way to less militaristic and more engaging modes of international
behavior. As I explain more fully in the introduction and elsewhere,
however, such hopes — and they are indeed hopes — lack empirical
grounding. Obama's own record, political statements, and
opinions stated in books and articles — not to mention his cabinet
appointments and initial decisions — all contradict prospects for
any such paradigmatic change in Washington's global ambitions
and strategies. The watchword is almost certain to be continuity,
despite new departures here and there.

This book is the third part of a trilogy on U.S. imperial power that
was conceived roughly a decade ago. First in the series, Imperial
Delusions (2004), was intended as a multifaceted analysis of
American global behavior, linking global and domestic (economic,
political, cultural) elements of a power structure that I argue is
increasingly addicted to militarism and war. This work grew out
of an earlier study, begun under the auspices of the journal New
Political Science and published as the anthology Masters of War
(2003), with articles by such antiwar critics as Noam Chomsky,

Chalmers Johnson, Michael Parenti, James Petras, Douglas Kellner,
and Peter McLaren. A second book, The Hollywood "War Machine
(2006), written with longtime collaborator Tom Pollard, explored
the deepening convergence of militarism and media culture in
American society, reflected most profoundly in the contribution
of the Hollywood film industry to the war-making apparatus.
Important motifs developed in the present volume originated in
these earlier works.

In The Crimes of Empire primary attention is necessarily directed
toward complex issues of international law, but within a conceptual
framework that takes interpretation well beyond the paradigm
of legality itself. It is commonly recognized that laws and norms
of political behavior (international or otherwise) are perpetually
shifting, subject to widely varying perspectives dependent on
ideological outlook and cultural traditions, with evidence sifted and
mediated according to time, place, and viewpoint. When it comes
to U.S. outlawry, however, accumulated historical knowledge based
on a large body of historical events, decisions, and outcomes is so
conclusive and damning that no impartial observer could possibly
ignore or refute it. While the developments in question span at least
two centuries, the historical focus of the present book is limited
mainly to the post- World War II era. There is nothing particularly
obscure or secret about this record or the supporting evidence,
nor has it involved sinister plots or conspiracies by government
leaders, military planners, or other dark forces. It is surely possible
to uncover frightening plots at certain moments in U.S. history,
but such plots hardly go to the core of the problem, much less
exhaust the task of historical analysis. American transgressions can
be established on the basis of information available to any patient
researcher — no "secret" files or elusive sources are needed. Here I
document and interpret U.S. outlawry relying on historical materials
drawn from extensive public sources: newspapers, magazine and
journal articles, books, online sites, and various official and
semi-official documents. I have learned from many years of study
that most U.S. global transgressions (or types of transgression)
can be identified and researched with little difficulty. Over the past
decade or more there has been a steady outpouring of journalistic
and academic work illuminating the dark side of U.S. international
behavior. In this project my goal is to conceptually integrate and
critically analyze the full range of conditions and issues related to

xxii THE CRIMES OF EMPIRE

American lawlessness that, as I am forced to conclude, threatens
the planet as does nothing else.

A special gratitude is owed my colleagues at National University in
Los Angeles, whose support over many years has provided valuable
intellectual and social inspiration, with extra thanks to Dean Maggie
Yadegar and my collaborator on earlier projects, Tom Pollard. Clay
Claiborne, George Katsiaficas, Peter McLaren, John Sanbonmatsu,
and Milt Wolpin gave much-welcomed encouragement and counsel
from the outset, recognizing the unique difficulties and challenges
involved, yet also the great value a study of U.S. outlawry might
provide. Katsiaficas also helped locate vital sources of information
concerning U.S. war crimes in Asia. My deepest thanks go to Laurie
Nalepa, who shared my travails and fortunes every step of the way.

Carl Boggs
Los Angeles, October 2009

Introduction

The experience of two calamitous world wars produced global
commitments to a new era of international law that it was hoped
would strongly alleviate if not abolish the worst features of human
warfare, while also laying the foundations of peaceful cooperation
among nations. This epic ideological shift was reflected in the
post-World War II Nuremberg and Tokyo tribunals, the subsequent
United Nations Charter, a series of Geneva Protocols updated in the
late 1970s, and more recently in the International Criminal Court set
up in Rome in 1998. It also found its way into hundreds of bilateral
and multilateral treaties signed over the past several decades. Earlier
precedents go back to The Hague Conventions of 1899 and 1907,
stipulating rules of engagement governing warfare among states,
and the 1928 Kellogg-Briand Act — a futile effort to outlaw warfare.
As international law became more firmly grounded, it gave rise to a
global consensus in which all political agents would be obligated to
follow strict moral and legal principles, including those regulating
how armed combat can be initiated and conducted. Thus the U.N.
Charter prohibits military force as an instrument of statecraft except
in clear instances of self-defense. Such a paradigmatic shift always
depended on a global community of interests based on universality
and reciprocity, where all states, subject to and protected by the
same laws and rules, would have roughly equal (legal) standing.

Within this ideal world system it would be at least theoretically
possible for any political or military actor to be prosecuted for
crimes against peace, war crimes, or crimes against humanity.
For several decades war-crimes discourse has unfolded in a milieu
of radically shifting views about the very nature of warfare — a
discourse embodied in legal doctrines that propose to transcend
familiar left-right ideological divisions. Although Nuremberg was
essentially a victor's tribunal set up by the Allies, its main principles
were adopted by the U.N. in 1950, and today are widely regarded as
universally enforceable. The principles state that any person found
to have committed a war crime under international law must be
held accountable, like those German and Japanese defendants found
guilty of assorted crimes in the late 1940s. International statutes
were seen as valid beyond national or cultural variations in laws,

1

2 THE CRIMES OF EMPIRE

traditions, and ideologies, binding for all individuals whatever
their place in governmental or military hierarchies. No heads of
state, no political or military officials were to be allowed immunity
from criminal prosecution. In the German case, the entire Nazi
system was defined by Allied prosecutors as a massive criminal
enterprise in which political and military leaders would be held
legally responsible for their actions.

This fundamental moral and legal turn occurred quickly, within
a span of several decades, a radical departure from centuries of
international horrors that went unpunished and even unrecognized.
In his book The God Delusion, Richard Dawkins refers to dramatic
changes in the "moral Zeitgeist" — large-scale shifts in prevailing
beliefs, attitudes, and norms from one historical period to the next.
A case in point: two centuries ago anything resembling democratic
politics stood in radical opposition to the authoritarian mainstream,
while slavery, harsh patriarchal domination, sadistic treatment of
prisoners, and flagrant acts of military aggression were all within the
established (and fiercely defended) norm. Dawkins calls attention to
how an evolving moral consensus shapes rules and codes of behavior
across time and place. Thus if slavery was taken for granted a
mere 150 years ago, today even minor hate-speech episodes can be
severely punished in many parts of the world; laws have been passed
against virtually every type of racial and gender discrimination. Only
a few decades ago some of the most highly educated and respected
personages — Presidents, celebrated intellectuals and artists, religious
leaders — could go on public record with virulent racist outbursts,
hardly fearful of repercussions. Figures like Theodore Roosevelt,
Jack London, and H.G. Wells could offer ringing defenses of "white
civilization," which they (like many others) viewed as under siege by
menacing (red, yellow) hordes. Women could be beaten mercilessly
and repeatedly by husbands with no fear of legal punishment or
social censure. In just the past 50 years the world has seen dramatic
:s in sexual attitudes and behavior to an extent that basic social
like the family have been fundamentally transformed,
unrecognizable against the long shadow of patriarchal traditions.
The modern welfare state, little more than a century old, is still
embryonic when viewed across the wide expanse of human history.
A new moral consensus often takes hold in such a way as to be
nearly invisible, especially once a generation accepts it as something
of a natural right. Dawkins suggests that "the Zeitgeist moves on,
so inexorably that we sometimes take it for granted and forget that
change is a real phenomenon in its own right. " '

INTRODUCTION 3

Large-scale changes in the moral Zeitgeist do not ordinarily result
from single factors, and Dawkins makes no such claims. In the
U.S., social transformations since the 1950s alone have occurred
along many fronts, having little to do with changes one way or
the other in the capitalist economy or religious traditions. (One
of Dawkins' main tasks is to show how noteworthy shifts in the
Zeitgeist, usually moving in progressive directions, are rarely if ever
shaped by religious values that, in any event, are mostly derived
from ancient texts — values shown to be fully consistent with such
heinous social practices as mass murder, slavery, and genocide.)
History seems to follow an increasingly enlightened (though uneven)
path, usually synchronized across nations and cultures as it passes
through local and universal discourses; as Dawkins comments:
"How swiftly the Zeitgeist changes — and it moves in parallel
on a broad front, throughout the educated world." 2 Building on
Dawkins' schema, it is easy to see how progressively enlightened
views coincide with changes in the moral consensus, and this would
appear to be the case in such realms of life as race and gender
relations, sexuality, the environment, and political arrangements
despite enclaves of resistance here and there. In some realms — for
example, the exploitation of labor — one is tempted to conclude that
the Zeitgeist has changed little if at all.

Dawkins' framework makes particularly good sense when one
surveys the trajectory of international relations across recent history;
within little more than a century the stated and generally agreed-upon
norms of global behavior have undergone wholesale transformation.
Moral and legal standards governing the conduct of warfare, for
example, have been effectively codified and institutionalized just
since World War II. International law has been shaped and reshaped
in the aftermath of global military conflicts bringing unspeakable
death and destruction, repeated atrocities on all sides, and crimes
against humanity. The new era purportedly upholds novel, more
humane international norms — an end to military aggression, embrace
of a strong human rights agenda, a move toward stricter battlefield
rules of engagement, defense of national self-determination and
sovereignty, a turn toward egalitarian relations among states. This
particular Zeitgeist, as mentioned, found its way into the U.N.
Charter, the Geneva Conventions, and myriad international as well
as bilateral treaties and agreements. The world has moved ahead
dramatically since ancient (and not-so-ancient) times characterized
by endless and brutal wars, often remembered for sadistic massacres
and other atrocities that were more frequently celebrated than

4 THECRIMES OF EMPIRE

castigated and punished. Horrendous acts of violence were likely
to be enshrined in epic myths and rituals glorifying military heroism
and patriotic valor. Until recent decades government and military
leaders faced few if any external restraints on their conduct of
warfare — one need only revisit the unbelievable carnage of the
U.S. Civil War and World War I. The concept of human rights
has barely outgrown its infancy, while punishment for war crimes
and crimes against humanity (an offense recognized only at the
end of World War II) was scarcely imagined even among the most
visionary thinkers. That the world might witness global agreements
embedded in a multitude of conventions, protocols, statutes, and
tribunals is a recent phenomenon made possible by far-reaching
changes in the moral Zeitgeist. Such an effort to reconfigure the
parameters of world politics rests upon an ideological consensus
the basic premise of which is the sovereign equality among nations. 5
No nation — regardless of power, resources, or military strength — is
entitled to stand outside these arrangements or be allowed to make
its own rules and laws. 4 It follows that prohibitions against military
aggression must apply to all nations if the system of international
law is to have political integrity, much less legal validity.

No moral consensus, of course, is likely to extend uniformly across
the global or even domestic landscape; it is sure to be resisted or
challenged at different points in time. In the case of international
rules it is the United States that nowadays most consistently stands
outside the enlightened Zeitgeist. Despite references to an expanding
"culture of human rights" and worldwide spread of democracy, the
pacifistic (some might say Utopian) dream of a world moving toward
respect for sovereign equality, arms control, and binding principles
of military conduct has turned into something of a Hobbesian
nightmare, as if the lessons of two world wars and the legacies of
Nuremberg, Geneva, and the U.N. Charter had been forgotten.
While the causes of this predicament are multiple, a central problem
has been the ceaseless American pursuit of global hegemony on a
foundation of expanding military power. While U.S. leaders dutifully
uphold the rhetoric of democracy, human rights, and rule of law
their actual conduct has been more congruent with imperial agendas
that run counter to the requirements of a peaceful international
order. In the actual world of corporate-driven globalization and U.S.

INTRODUCTION 5

imperialism such requirements are ceaselessly subverted, leading to
what Philippe Sands' defines as a "lawless world." 5

Such policies and behavior starkly contradict the familiar
American self-image of a noble, idealistic nation working tirelessly
and generously to bring light to a world of darkness. As a matter
of simple logic, generally binding rules of global behavior are
unthinkable so long as the U.S. continues its drive toward world
supremacy, so long as its power holds sway across the planet, and so
long as the neoliberal order sustained by that power remains intact. 6
We have reached an historical juncture where the lawless flexing
of American strategic interests works to undermine longstanding
dreams of a peaceful world order — even as U.S. leaders would prefer
everyone to believe that their own national strivings are synonymous
with the global pursuit of democracy and human rights. 7 What
has become known as the Bush Doctrine of preemptive war,
involving outright contempt for the U.N., has already exacerbated
the deadly cycle of militarism and terrorism — a development more
fully explored in later chapters. Bush's strategic designs, actually
consistent with the long tradition of U.S. exceptionalism, reflected
the degree to which Washington refuses to tolerate any sustained
challenge to its global power.

The consequences of U.S. outlawry for the future of world politics
can only be described as nightmarish: an aggressive superpower with
loosened restraints on its military conduct, the U.S. was able to step
up its quest for world hegemony in the wake of 9/11, becoming
more brazen in its disregard for laws, conventions, and treaties
understood as constraining its national interests. As shown by its
hostility to the International Criminal Court (ICC) — a nascent,
struggling embodiment of legal universalism — Washington has so far
remained unswervingly exceptionalist, outside the moral Zeitgeist,
consistent with historical notions of a special American mission and
destiny. Washington has arrogated to itself the "right" to carry out
military aggression that, departing from the contemporary moral
Zeitgeist, validates Noam Chomsky's point that "Contempt for
the rule of law is deeply rooted in U.S. practice and intellectual
culture." 8 Such contempt extends to those nations, cultures, and
international organizations that stand outside of, or refuse to be
manipulated by, American interests. Through the postwar years,
moreover, steady expansion of the war economy and security
state has brought renewed U.S. capacity to employ armed force
to advance its global agendas, while the "war on terror" helps
legitimate the ongoing struggle for Pax Americana. Every act of

6 THE CRIMES OF EMPIRE

aggression, every subversion of international law, deepens the very
chaos that anti-terror proponents claim to be fighting: spread of
social and military strife, arms build-ups, proliferation of WMD,
weakened global agreements, blowback in the form of insurgency,
terrorism, and renewed national rivalries.

Not only has Washington been the leading violator of
international legality, its nearly trillion dollar war machine (as
of 2009) deploys bases in some 130 nations, has ambitious plans
for space weaponization, possesses a most lucrative arms sales
program, and continues a pattern of military ventures that makes
it the most fearsome agency of violence in the world today. This
enormous power has needed ideological justification in the doctrine
of Manifest Destiny, in the "civilized" virtues of democracy, Judeo-
Christian religion, and technological progress — motifs still alive at
the start of the twenty-first century, a system of legitimacy rarely
questioned by politicians, intellectuals, educators, and religious
leaders, by any of the presumed gatekeepers of national morality.
Such myths permeate a political culture that gives policy-makers a
relatively free hand to pursue geopolitical ambitions. The license for
international outlawry is enlarged to the extent that worry about
political and media scrutiny diminishes. The idea that the most
powerful state (and war machine) in history might be free to create
its own system of rules has become an article of faith throughout
American society.

At odds with its well-crafted political image, the U.S. has long
stood opposed to a system of global norms that would limit arbitrary
and unrestrained use of military force. Such outlawry not only
contravenes all pretense of democratic values but seems inconsistent
with a legal culture that is surely the most elaborate on the planet.
No ruling elites proclaim the "rule of law" more loudly, and no
society produces more lawyers, prosecutors, judges, legal theorists —
and prisons. But this sprawling legal system goes no further than
the domestic society; when it comes to international politics the
U.S. routinely favors power over legality, often dismissing legality
as a nuisance in the face of pressing global realities. A fixation on
power, or "realism," and Machtpolitik reinforces an impulse to
act unilaterally, or at least to forge friendly coalitions willing to
embrace military options, typically in response to manufactured
"crises." An imperial agenda presumes that superpower hegemony
is, or ought to be, unchallengeable in an era when once-stigmatized
defenses of Empire no longer require apology. 9 Consistent with a
belief in national exceptionalism, this Empire is viewed as different

INTRODUCTION 7

from any before it — a benevolent giant working for democracy,
human rights, and peace. But such claims are to nothing less than
an Orwellian sleight of hand used to justify virtually any U.S. resort
to military force, even where international law is thrown to the
winds. The "superpower syndrome," as Robert Jay Lifton observes,
is nowadays wedded to an ideology of nuclearism grounded in the
accumulation of huge WMD stockpiles and a seeming readiness
to use them as a tool of warfare. The very discourse of WMD is
vital to imperial supremacy, but the spread of WMD represents an
intolerable threat when it comes to nations outside the American
orbit, such as Iran. 10

Comparing American and European political cultures, Robert
Kagan writes that "those with great military power are more
likely to consider force as a useful tool of international relations
than those who have less military power." 11 The author of seminal
neocon treatises, Kagan believes that the United States' pursuit
of its geopolitical aims simultaneously advances the common
interests of humanity insofar as American force is said to restrain
the chaotic tendencies of a Hobbesian world. For U.S. leaders the
"language of military power" is functional to a peaceful world
order — regulated and policed, of course, by Washington. 12 At a
time of mounting anarchy marked by the intensification of a global
economic crisis and the twin threats of militarism and terrorism, the
U.S. is perched to combat such anarchy with every instrument at its
disposal, affirming the efficacy of its own order-giving Leviathan.
The U.S. "naturally seeks a certain freedom of action to deal with
the strategic dangers that it alone has the means and sometimes the
will to address." 13 Since the U.S. represents an "empire of liberty,"
its hegemony is to be welcomed by enlightened humanity as "the
ambition to play a grand role on the world scene is deeply rooted in
the American character. " 14 Within this neocon illusion of grandeur,
in which Bush's Iraq venture figured strongly, it follows that any
global restraints on U.S. flexibility will be held deeply suspect.
For Kagan and the neocons, nothing should interfere with the
"language [or practice] of military power," so the U.S. "must refuse
to abide by certain international conventions that may constrain
its ability to fight effectively." 15 (Such rejectionism could apply to
virtually any international agreement insofar as political contracts
always necessitate a certain yielding of power and interest that
the exceptional state might well resist.) The European preference
for diplomacy, collective agreements, welfare-state allocations, and
reduced arms spending appears nothing short of Utopian when

8 THECRIMES OF EMPIRE

framed against the massive global responsibilities inherited by
Washington. (Whether an Obama foreign policy departs significantly
from this paradigm will depend on a complex mixture of domestic
and international factors.) As the enlightened behemoth asserts its
rightful claim to world domination, therefore, it should have space
to set its own international rules — even as it insists that all others
adhere to established legal precedents. In a world of perpetual crisis
and dangerous enemies, only the U.S. is said to possess a sufficient
combination of military power and political will to enforce peaceful
stability. Like authoritarian systems of the past, the U.S. justifies its
global supremacy on a basis of permanent war against evil threats:
rogue states, terrorists, Islamo-fascists, insurgents, and the like.

If U.S. global power is improbably upheld as a remedy for chaos and
breakdown, as a force to deter predatory monsters, then warfare
is sure to be understood as an epic struggle for its antithesis —
for democracy and human rights. The idea of "human rights
intervention," first systematically embraced to rationalize the U.S./
NATO war in the Balkans during the late 1990s, gives the most
powerful states license to carry out military actions against smaller,
weaker, often defenseless countries. Weaker nations, it follows, are
not permitted to rely on even modest force, as intervention goes
only one way. Given this lopsided global equation, the notion of
universality as linchpin of international law winds up torn to shreds,
the limits to superpower maneuver stripped away to meet ostensibly
higher purposes. As David Chandler writes, "the more the concept
of human rights militarism is allowed to gain legitimacy, the greater
the inequalities become between the enforcing states and the rest
of the world." 16 A "new ethical agenda" championed by Western
powers ultimately erodes the very fabric of international legality.
Chandler adds: "The human rights discourse makes it difficult to
place limits on the use of force by major powers allegedly acting
on behalf of the vulnerable of the world." 17 In this context a new
generation of moral crusaders has waged an ideological crusade
against the presumably outmoded principle of national sovereignty
(that is, for lesser states), inconvenient global agreements, and at
suitable times the U.N. Charter itself. Such a political environment
has made it fashionable to speak of the "limits" to international
law, if not its obsolescence. 18

INTRODUCTION 9

In their fixation on the evils of "ethnic cleansing" and "genocide,"
moreover, human rights campaigners are known to exaggerate and
even manufacture such charges, serving to deflect attention from
the often more serious crimes of the Western powers. In Iraq, U.S.
intervention had by spring 2009 led to as many as 1.3 million
Iraqi deaths while having reduced the country to ruins, supposedly
to liberate an oppressed people from a monstrous tyrant armed
with doomsday weapons. After six years of war and occupation,
Iraq has been turned into one of the great catastrophes of postwar
history, the result of an outlaw intervention dwarfing any crimes
laid at the doorstep of Saddam Hussein. Put on trial by an ad hoc
tribunal created and largely financed by Washington, Hussein was
surely enough found guilty of war crimes by "victors" once again
sitting in judgment of the "vanquished." For the Bush administra-
tion, awesome military power justified by high-sounding moral
claims gave rise to a comprehensive lawless whole, the same kind
of criminal enterprise for which the Germans were prosecuted and
found guilty at Nuremberg.

U.S. global power at the start of the twenty-first century is
legitimated through a dense mixture of ultrapatriotism, a renovated
spirit of Manifest Destiny, and a deepening culture of violence and
militarism, with every Washington venture taken as credible by
an American public well-conditioned by the corporate media. A
"bipartisan" affair in which politics is said to vanish at the borders,
U.S. foreign policy is presented by political elites, the media, and
academia as "pragmatic," non-ideological, even while behavior is
expected to conform to well-honed premises. Policies are driven
by an economic and geopolitical consensus that now centrally
revolves around a struggle for domination over the Middle East. As
detailed in later chapters, many treaties and other global agreements
have been reduced to so many scraps of paper, as shown when
the U.S. invaded and occupied Iraq under false pretexts and in
contravention of the U.N. Charter. If we follow the argument
of Antonia Juhasz, for example, the Bush/neocon claim to be
"democratizing" the Middle East was better understood as a cover
for rapacious brigandage by corporations seeking greater control
over immense petroleum reserves. The resulting business jackpot
was made possible by (a) massive Pentagon spending, (b) expanded
American control over natural resources, (c) the broadening role
of private military contractors, and (d) the huge profits reaped by
hundreds of U.S. and other Western companies investing in the
" of a war-shattered society. The crucial Iraq v

10 THE CRIMES OF EMPIRE

is taken up in later chapters: here it is enough to cite the record
profits accrued by Western corporations derived from the Bush
agenda since early 2003: ExxonMobil, Bechtel, Lockheed-Martin,
Raytheon, Blackwater, and Chevron to name only some of the most
profitable, a phenomenon Juhasz fittingly describes as "corporate
globalization through the barrel of a gun." 19 It follows that, if an
unprovoked military attack on a sovereign nation is legally and
morally indefensible under any conditions, then military invasion
and occupation to advance such nakedly imperial objectives must
be regarded as doubly illegitimate.

The legacy of U.S. outlawry has its origins in the earliest days of
the Republic as the colonial destruction of Native peoples began
in earnest — a process viewed by the white European settlers as
a God-given mission of enlightenment and social progress. The
settlers left a trail of systematic conquest, slavery, and warfare,
all justified by some variant of the "white-man's burden," later
to be identified as Manifest Destiny. This ideology fed not only
the Indian Wars but the plantation slave economy, conquest of
Mexican lands, and later U.S. expansion into Central America and
Asia. Such conquest and expansion required a virulent nationalist
ethos and militarism paying little attention to what is nowadays
called "rules of engagement." An Indian population estimated to
be as high as 15 million when Columbus arrived in the Western
hemisphere was reduced to just a few hundred thousand by 1900,
the result of Europeans' inexorable drive for land, resources, power,
and religious hegemony. Through a combination of slave economy
and westward expansion the white-settler strata had by the mid
nineteenth century built a cruel regimen of exploitation and violence
fueled by unmitigated racism.

The idea of Manifest Destiny actually goes back to the pre-revolu-
tionary period when the Puritans, animated by a mixture of religious
zeal and Enlightenment ideals, moved to conquer new frontiers they
believed were inhabited by primitive savages unable to properly
develop the land they occupied. Early white settlers were colonialists
in the fullest sense, motivated by a sense of inalienable rights which,
at the time, meant entitlement to other peoples' territory. While
upholding a new "empire of liberty," the Puritans saw themselves as
harbingers of a liberal revolution that was destined to sweep away
all obstacles to human progress — progress that, of course, would

INTRODUCTION 11

often have to be secured by armed force. Belonging to an anointed
national and religious community and attached to a special historical
mission, the first American settlers were expansionists to the hilt,
without apologies, anticipating the later westward and global thrust
of U.S. power. The characterization of settler populations as inward-
looking or isolationist, fearful of new ventures, was a great myth
even during the pre-Constitutional era.

The founding of the new Republic only deepened these feelings
of exceptionalism, which increasingly depended on a fierce white
racism endowing the settler population with unique possession of
civilized virtues and historical destiny, reinforced by an ethos of
material and technological supremacy (especially on the battlefield)
that persists to this day. Those standing in the way of expansion
were dismissed as subhuman, savage, Godless, fit for extermination.
The privileged sense of entitlement spread outward, beyond national
borders, to be legitimated by such pronouncements as the Monroe
Doctrine (1823), imposed at a time when Latin countries were
gaining independence from Spain and enforcing the dictate that
Latin America would forever be a sphere of U.S. domin
warning that American ruling interests had the right to ii
anywhere in the Western hemisphere to protect their aspirations,
goals, and interests. Throughout the nineteenth century the U.S.
carried out military operations in several nations more than 100
times, a prelude to later interventions in Central America and the
Caribbean. Meanwhile, the U.S. moved to consolidate its position
on the continent, wresting by force lands belonging to Mexico
in the 1840s. Elected to the presidency in 1844, James K. Polk
saw the U.S. as a rapidly expanding power with an absolute right
to the Mexican lands it coveted, across to the Pacific. Provoking
war while lying about imminent threats to American security, Polk
was able to annex vast regions of present-day Texas, California,
New Mexico, Arizona, and Nevada based on what today would
be called a "preemptive war" strategy. With total contempt for
the Mexicans, Polk argued that the U.S. was justified in attacking
a foreign nation so long as compelling interests were at stake.
The bloody war against Mexico, it should be emphasized, was
supported by a patriotic frenzy across the political spectrum — just
as the war against Spain would be a half-century later. Indeed
the Mexicans, slaughtered by the thousands, were degraded as
backward, ignorant, and undemocratic, hardly worthy proprietors
of the land they had controlled.

12 THE CRIMES OF EMPIRE

Manifest Destiny was fueled by a white-supremacist ideology
that could link exterminist practices with the civilized discourses
of freedom, democracy, and progress, along lines established by
European colonialism across the world. The conquest of new
frontiers meant sweeping away all barriers to development, an ethos
that would provide a symbolic frame of reference for American
politics in the twentieth century and later. When President Andrew
Jackson laid out his Indian Removal policies it was assumed across
the political system that such policies represented unilinear progress
from savagery to civilization, from barbarism to modernity.
The dominant culture approached the Indians in terms of two
extremes — as either helpless children or warlike savages. Indians
were excluded from a social contract based on the possessive
individualism of capitalist market relations, and they accordingly
deserved whatever fate befell them at the hands of superior military
force. Indeed Native peoples were the out-of-control terrorists
of the period — bloodthirsty, innately violent, killers lacking any
restraint. Jackson and other leaders called openly for a regimen
of total Indian control or, where that failed, annihilation. Such
hopes were realized as hundreds of Native villages were burned
to the ground with the inhabitants expelled, murdered, or killed
off by disease.

Indian savages symbolized a certain madness endemic to a
Hobbesian state of nature spinning out of orbit — a madness
needing to be tamed or eradicated. Moreover, it was never
enough to destroy specific populations and their resources; it was
imperative to stamp out their entire culture and historical memory.
As whites entered into treaties with those few remaining Indian
forces increasingly pushed into reservations, the federal government
routinely and unilaterally broke those agreements once the land
was discovered to contain desirable resources. Indians were system-
atically denied any humanity and thus any claim to rights much less
citizenship in a society that championed liberal values. Contracts
and treaties were entered into regularly as an instrumental ploy,
to be broken at the slightest whim, as in the case of Cherokees
whose villages, homes, and people were destroyed in the wake of
Jackson's infamous Removal Act of 1830. Within this dictatorship
Native peoples were punished when they failed to exhibit proper
gratitude for any white benevolence that might be extended (for
example, in providing safe journeys to the reservations). Even
where contracts and laws regulating Indian life remained in force,

INTRODUCTION 13

they could suddenly break down or be overridden by military
force. Given whites' attitudes of racial supremacy and national
exceptionalism, it would be no difficult matter — in the nineteenth
century or later — to suspend or dissolve agreements. The harsh
authoritarian regimen and its murderous policies brought no agony
to its architects who, after all, were the chosen beneficiaries of
Manifest Destiny.

In 1890, with the massacre at "Wounded Knee, the Indian Wars
came to a merciless end just as the westward push was largely
completed, leaving a system firmly rooted in authoritarian controls
and propelled by a mixture of colonialism, racism, capitalism, and
militarism. An ideology of ruthless expansion was incorporated
into the political culture, shared especially by the upper circles of
politicians, business elites, the military, and Christian institutions.
As leaders like Theodore Roosevelt would quickly recognize, at the
turn of the century the U.S. was in an enviable position — a nation
conditioned to conquest and warfare — to accelerate its God-given
mission of building a new civilization for the modern world. Indeed
Roosevelt openly stated that the long history of Indian massacres
added up to splendid legacy of righteous deeds that cleared the
terrain for a modernizing, enlightened, civilizing project unlike
anything the world had ever seen. This very ideology of messianic
nationalism would be passed along to succeeding generations of
political, economic, religious, and intellectual leaders convinced
that the new civilization (the "first new nation") represented
an epic triumph of progress over backwardness, good over evil.
However, for such an ideology to become fully legitimated, to be
inculcated into the popular consciousness, the history of colonial
oppression would have to be somehow deflected or denied with
the hegemonic discourses. Over time, in fact, that history would be
roundly celebrated, as it is in Columbus Day rituals, the worshipful
treatment given such leaders as Jackson and Roosevelt, and the
proliferation of "Western" movies romanticizing the genocidal
past. Not only did the most terrible crimes disappear through
elaborate forms of historical erasure, but the prevailing image
of American politics that emerged from the period was one of a
revitalizing liberal democracy shaped by freedom, equality, and
citizen participation — one of the most impressive propaganda
achievements ever. It was precisely the legacy of imperialism,
warfare, and outlawry that was carried into, and helped shape,

14 THE CRIMES OF EMPIRE

later U.S. behavior in such targeted areas as the Philippines, Central
America, Korea, Vietnam, and the Middle East.

While Bush and the neocons have, with the impetus of 9/1 1 and the
war on terrorism, taken U.S. outlawry to higher levels, the historical
pattern had in fact been clearly established. The subsequent
trajectory of militarism and warfare, ideologically enforced by an
ethos of national destiny, has taken multiple and overlapping forms,
essentially as follows:

1. U.S. violation of international agreements, treaties, and laws
has flowed from the historical trajectory, beginning with the first
Indian wars. American outlawry since World War II, from Korea to
Iraq, exhibits many parallels with the nineteenth-century attempts
to pacify and destroy Indian resistance. Hundreds of treaties signed
with Native tribes were abrogated or ignored, depending on the
priorities of the settlers, the military, and the federal government.
Spanning nearly two centuries, U.S. outlawry took many forms —
crimes against peace, proxy wars, breaches of rules of engagement,
indiscriminate attacks on civilians, aerial terrorism, support for
death squads and torture, use of prohibited weapons, abrogation
of treaties, overriding of the U.N. Charter.

2. Transgressions have typically been shrouded in moral claims
about overthrowing tyranny, "civilizing" backward populations,
eradicating weapons of mass destruction, carrying out humanitarian
interventions to fight "ethnic cleansers" and "genocidal" villains,
or waging a war on terrorism. Rarely have these righteous pretexts
stood up to close scrutiny.

3. The human consequences of a long colonial and militaristic
history — even if we go back no further than the postwar era —
have few parallels in modern history: millions of deaths, tens of
millions wounded, more tens of millions displaced, several ruined
public infrastructures, and badly damaged environments in Asia, the
Middle East, and Latin America. This legacy remains, unfortunately,
very much alive today.

4. Such criminality has been facilitated by superior American
economic wealth and military technology — that is, within a
framework of modernity, not outside of or against it. With the
development of technowar, increasingly refined by the Pentagon
since World War II, military action has become ever-more calculated
and rationalized, the province of technocratic war planners relying

INTRODUCTION 15

on the advantages of science, technology, bureaucracy, and commu-
nications. Methods employed by the planners have included aerial
bombardments and high-tech weaponry, advanced satellite-based
communications and surveillance, and sophisticated innovations like
robotics. Contrary to myth, technowar has largely served to expand
the scope of civilian casualties under modern battlefield conditions.

5. The perpetuation of U.S. outlawry depends on the work of
government officials, politicians, and a corporate media that, among
other of its functions, instills public fear of menacing enemies. Such
evil monsters have always been omnipresent within the political and
popular culture, in the personae of Indian savages, barbaric Germans
(World War I), and a garden-variety casting of Communists, tyrants,
rogue states, drug traffickers, and (mostly Arab) terrorists — all
imminent perils to freedom and democracy, usually Godless, always
guilty of heinous atrocities, and all staples of literature, movies, TV,
video games, and of course political discourse.

6. With few exceptions, such as Germany and Japan during World
War II, the targets of devastating U.S. weaponry have been small,
weak, poorly defended nations, mostly inhabited by dark-skinned
people. The attacks have often involved wanton or indiscriminate
warfare against civilians, in violation of the Geneva Conventions
and other canons of international law. Strict rules of engagement
mostly honored in Europe have commonly been ignored in cases
where racist objectification is involved, as in Japan, Korea, Vietnam,
Laos, Cambodia, Panama, and Iraq.

7. Since World War II the U.S. has been the leading reservoir
of weapons of mass destruction — producing, refining, stockpiling,
deploying, and (on two well-known occasions) using them as
instruments of warfare. Washington has consistently held to a
policy of strategic first-use of nuclear weapons, while refusing
international moves toward nuclear controls and disarmament.
The second Bush administration unveiled plans for state-of-the-art
nuclear weaponry and delivery systems, including bunker-buster
mini-nukes, while threatening Iran with economic sanctions and
possible military action for maintaining a nuclear program that (so
far as has been determined) adheres to the Nuclear Non-Prolifera-
tion Treaty (NPT) guidelines. The U.S. has contributed to nuclear
competition, assisting friendly nations like Israel, Pakistan, and
India while railing against proliferation when it comes to others. The
U.S. has for many decades integrated diverse forms of WMD into its
own battlefield repertoire, including chemical weapons, biological
devices, ordnance tipped with depleted uranium, and high-powered

16 THECRIMES OF EMPIRE

conventional weaponry such as bombs and incendiary explosives
with WMD-level firepower.

8. Despite its undeniable history of war crimes, the U.S.
government has never offered apologies or reparations to anyone,
for even a small part of the military terror it has brought to millions
of victims. Nor has there been any official recognition of such deeds.
Meanwhile, Washington politicians, media pundits, and academics
never tire of criticizing others (Japan, Germany, Russia) for lack of
contrition regarding their past criminal behavior.

9. Aside from a few local episodes where U.S. troops committed
well-known atrocities (My Lai, Abu Ghraib, Haditha), no
Americans possibly guilty of war crimes — government leaders,
military personnel, operatives in the field — have been charged,
arrested, prosecuted, or punished for any offenses. At the same
time, U.S. leaders have used their vast leverage and resources to
put on trial designated enemies at special ad hoc tribunals (The
Hague, Baghdad) where guilty verdicts are a foregone conclusion,
even as Washington resists jurisdiction of the International Criminal
Court, justifiably fearing the consequences of truly independent
legal inquiries into war crimes for which the most powerful and
militarily active nations might be held accountable.

10. As rogue behavior continues to shape U.S. foreign and military
policy, its consequences are still met with silence across the public
sphere — a point further developed in later chapters. The political,
media, and academic cultures merge to create an ideological fortress
concealing or explaining away American transgressions, kept off the
radar screen by the fiction of a benevolent U.S. national mission.
When it comes to the issue of war crimes, the American public
remains firmly in the ideological grip of national denial.

Lawlessness has been integral to U.S. global behavior for so long
that it has come to appear ordinary, routine, scarcely worthy of
attention. Moral outrage? Political protest? Such responses cannot
be located anywhere in the mainstream political spectrum. Despite
rhetorical lip service to the "rule of law," such American indifference
toward its own outlawry extends also to the reputedly "objective"
or "scientific" realms of academic life. Hypocrisy and double
standards leave their imprint on elite discourse as well as popular
consciousness, both saturated with the entitlements of imperial
power. No other state devotes even a significant fraction of what the

INTRODUCTION 17

U.S. spends on its armed forces, no other state deploys large-scale
military units across dozens of countries, and no other state claims
to be defending its own "national security" and "global interests"
hundreds and thousands of miles from its home shores.

Despite repeated U.S. violations of international law, we commonly
face a business-as-usual attitude toward the consequences of such
violations. To raise fundamental criticisms of this behavior in the
public sphere has been largely taboo. Questions as to whether the
U.S. should be managing a far-flung Empire, should have military
bases deployed around the world, should be invading and occupying
foreign countries, should be rejecting or obstructing global treaties —
or indeed should be prosecuted for any of its criminal behavior — are
never permitted to enter political discourse. When such issues do
rarely surface, they are simply regarded as normal for great-power
activity in the world. Superpowers naturally have urgent global
obligations that other nations cannot imagine, as the opinion-mak-
ers have been quick to remind any doubters. If political divisions
have narrowed in the U.S. since the 1980s, nowhere is this shrinkage
more visible than in the realm of foreign affairs, where differences
between Democrats and Republicans, never great, have declined to
near invisibility. 20 Both liberals and conservatives uphold a view of
the U.S. as "leader of the free world," as the driving force behind
democracy, human rights, and rule of law in a world threatened by
extremes of tyranny and anarchy. Mainstream politicians who so
much as timidly question basic assumptions underlying U.S. foreign
and military policy meet harsh and immediate backlash. Any second
thoughts about American global behavior must be instrumental —
that is, centered around matters of tactics and viability — an outlook
that has even shaped the bulk of antiwar protests since the 1960s.
The moral Zeitgeist informing the broad postwar international
consensus has scarcely entered American public debate outside
the left fringes. Few in government, the media, or academia have
chosen to endorse the perfectly rational notion that the U.S., like
every sovereign nation, should be willing to accept legal and moral
constraints on its international behavior and should follow the same
rules as everyone else.

As for the Iraq disaster, few American politicians or media pundits
have even mentioned, much less criticized, flagrant U.S. violations
of the U.N. Charter as the Bush administration unleashed its war
machine on a nation already weakened by war, sanctions, bombings,
covert action, and years of international inspections — a nation,
moreover, clearly posing no military danger to anyone. The outright

18 THE CRIMES OF EMPIRE

deceptions used to justify military aggression elicited nothing
close to the kind of political response directed at others for lesser
infractions — North Korea and Iran for their nuclear programs,
Russia for its assaults on Chechnya, Serbia for its supposed
"ethnic cleansing" campaigns, Somalia for its violent warlord
combat, China for its human rights abuses, and so forth. Not until
a disillusioned American public turned against an obviously failed
and costly military operation, in mid 2006, did politicians and the
media finally raise questions about the false U.S. pretexts for war.

The crucial role of the New York Times in supplying a political
rationale for "Operation Iraqi Freedom," as it became something
of a journalistic venue for White House and Pentagon propaganda,
is especially noteworthy here. A reputedly liberal and balanced
newspaper, with the Times' award-winning reporter Judith Miller
taking the lead, started beating the war drums well before the March
2003 invasion, orchestrating an arsenal of false reports and jus-
tifications, much of it furnished by Bush operatives, neocon and
right-wing think-tanks, and testimony from "defectors" like Ahmad
Chalabi. In dozens of editorials pushing for war, never did the
Times raise questions about U.S. violations of the UN. Charter and
international law — and of course the paper was hardly alone in this
stonewalling. Indeed, the Times made little pretense to objectivity
as its "news" was framed in this case overwhelmingly to meet the
priorities of government, military, and corporate opinion-makers.
The result was a one-sided picture of what turned out to be a
grossly inflated Iraqi threat. Huge antiwar protests in late 2002
and early 2003 were marginalized in the columns of the Times'
reputedly diverse news and editorial pages, essentially kept from
view. Edward Herman writes that "Regrettably, we have moved
into the age of the lap-dog, nowhere more clearly than in the case
of the New York Times." 21 And when it came to repeated, flagrant
cases of U.S. outlawry — far too visible in the assault on Iraq to be
missed — the Times, supposed forum of objectivity, was reduced to
an embarrassing silence.

By fall 2002 the Times had published a series of front-page
articles, many by Miller, with phony tales of vast hidden Iraqi
arsenals of biological, chemical, and nuclear weapons, at a time
when inspectors like Scott Ritter and Denis Holliday (as well as
independent journalists in the field) had already reported that the
Hussein regime had dismantled virtually all of its WMD by the
late 1990s and, in any event, lacked effective delivery systems and
overall military capacity after years of U.S. operations. Following

INTRODUCTION 19

a decade of U.S. -engineered sanctions, bombings, inspections, and
covert activity it should have been obvious by 2002, if not earlier,
that Iraq posed no military threat to any of its neighbors, much
less to the geographically remote U.S. The Times coverage featured
obligatory parallels between Hussein and Hitler, much the same
as those linking the Nazis with Manuel Noriega in Panama and
Slobodan Milosevic in Yugoslavia. In editorial columns the Times,
with other media outlets following the lead, called for an increase in
American military toughness to contain and overthrow perhaps the
most fearsome tyrant in modern history. As became subsequently
clear — and as critics argued at the time — this war-making crusade
had no factual grounding from the outset; it was nothing but
propaganda, with no foundation even in CIA and other intelligence
data, most of it passed on to complicit or embedded journalists
by White House and Pentagon operatives. The U.S. agenda had
been set in 2001, even before the terrorist attacks, if not earlier.
As Herman observes: "What is remarkable in their doing this is
that the basis of invasion was so crude, the lies so blatant, the
violation of international law so gross that you would think a hired
press agency of the government would be embarrassed to have
to swallow these and push for war. But the Times pushed ahead,
not just disseminating propaganda, but propaganda whose central
components were disinformation." 22 The leading newspaper's
function as an ideological arm of U.S. militarism extended not
only to news reports but to long features, editorials, op-ed pieces,
and book reviews — a non-stop pro-war barrage giving sustenance
to an illegal Bush project at every stage. Alternative views were
jettisoned or ignored, with real debate over prospects for imminent
war effectively ruled off-limits. One of the most egregious examples
was the dismissive reception given to the crucial 2002 statement
of Mohamed ElBaradei, head of the International Atomic Energy
Agency, reporting that Iraq's reputed nuclear facilities had already
been destroyed — precisely what Ritter and others had been saying
for years. Most everything passing through the Times during the
build-up to war was part of a deliberate, painstaking strategy —
coordinated with the White House — to establish momentum behind
an outrageous act of military aggression so transparently tied to U.S.
economic and geopolitical interests. If so, those like Miller who were
involved in such shameless propaganda must be viewed as complicit
in crimes against peace, following the Nuremberg precedent.

What took place at the New York Times, unfortunately, helped
set the ideological paradigm for American media and political

20 THE CRIMES OF EMPIRE

culture in the wake of 9/11. By late 2002 and early 2003 the vast
network of corporate media outlets obediently followed suit —
leading newspapers, magazines, local news venues, TV stations,
talk radio, think-tanks, and university institutes, all joining in one
large chorus for war. The media apparatus became an adjunct to
the Bush agenda, disseminating blatant lies and myths about Iraq,
WMD, Hussein's ties to Al Qaeda, and U.S. plans to "democratize"
the Middle East. As Chris Hedges writes, "the notion that the press
was used in the war is incorrect. The press wanted to be used. It
saw itself as part of the war effort." 23 Following a well-established
pattern, the American media aligned itself with a military venture
that became part visual spectacle, part superpatriotic catharsis, part
infotainment — rarely pausing to investigate any of the pressing legal
and moral concerns. As with earlier U.S. interventions in Vietnam,
Panama, Iraq, and Yugoslavia, the media eagerly and blindly
followed every official statement and handout, little attention being
devoted to a critical assessment of U.S. imperial objectives. The
idea that Washington might invade and occupy a sovereign nation
to serve its own geopolitical ambitions was either sidestepped or,
when grudgingly acknowledged, framed as a matter of superpower
entitlement. Thus, at the outbreak of the 2003 U.S. attack on Iraq
NBC anchor Tom Brokaw could nonchalantly say: "one of the
things that we don't want to do is to destroy the infrastructure of
Iraq, because in a few days we're going to own that country." 24

As Bush and the neocons moved inexorably toward war, admin-
istration ideologues, their cavalier attitude toward international law
more transparent than ever, now argued that Washington should
prepare its own global rules, even in the face of hostile American
or world public opinion. Within the anarchic universe constructed
by writers like Robert Kaplan, Richard Perle, Robert Kagan, and
Max Boot, a belligerent warrior ethic made perfectly good sense,
especially with the U.S. having to face off against armed-to-the-
teeth madmen like Saddam Hussein and Osama bin Laden. Legal
"theorists" like John Woo, Eric Posner, Jack Goldsmith, Anne-Marie
Slaughter, and Alan Dershowitz entered the picture, calling attention
to the "limits of international law" while arguing that universal
legal principles could be junked where (as in Iraq) they stood in
the way of pressing U.S. military imperatives. For Dershowitz and
others, moreover, the practice of torture — uniformly regarded as
a violation of human rights — might under the new circumstances
be considered a potentially useful method in the war on terrorism.
Media figures like Rush Limbaugh playfully toyed with reports of

INTRODUCTION 21

U.S. torture in Iraq, Afghanistan, and Guantanamo, referring to a
much-needed "emotional release" for American troops working
under great battlefield stress. The epic battle against an evil Islamo-
fascism, moreover, was widely understood (at least in the U.S.) as
giving the benevolent superpower a moral upper hand. Consider the
arguments of Sam Harris in The End of Faith, where he shockingly
refers to the U.S. as a "well-intentioned giant" that never aimed to
harm anyone by its military actions since "as a culture, we have
clearly outgrown our tolerance for the deliberate torture and murder
of innocents, while much of the rest of the world has not." 25 Harris
adds, referring to President Bush: "Whether or not you admire the
man's politics — or the man — there is no reason to think that he
would have sanctioned the injury or death of even a single innocent
person." 26 That Bush or any U.S. leader could wage an aggressive
war, that Washington could use "shock-and-awe" tactics to achieve
geopolitical ends, somehow fails to strike Harris as a venture that
might "intentionally" lead to excessive loss of human life. For
Harris, despite all the unspeakable death and destruction in Iraq,
despite the ruination of an entire society, U.S. behavior appears to
satisfy some ill-defined, obscure set of moral criteria, meaning that
the carnage is just a sad product of "collateral damage."

The contemporary wars in Iraq and Afghanistan reveal the extent
to which U.S. outlawry has become taken-for-granted within the
political culture. Far from being immune to this intellectual and
moral inertia, the academic world embraces it at the very moment
it affirms the virtues of open and critical discourse. In Lawless
World, Philippe Sands remarks that even modest praise for the
International Criminal Court, indeed for any independent global
judicial body, at academic conferences invariably sends American
scholars into fits of rage, apparently unwilling to contemplate limits
to American power. 27

When it comes to U.S. global behavior, the culture of national
denial has a long and well-cultivated history, reflected in cliches such
as the natural law of superpower aggression — the comfortable myth
that great powers have always, and will always, behave just as they
please in order to secure international advantage, with a license to
plunder and destroy at will. (Of course this moral and legal latitude
is never granted other powers.) Political and media references to U.S.
war crimes, as mentioned, have always been noteworthy for their
virtual absence, taken up only by a few (discredited) left-wing critics.
One recent study of U.S. outlawry, though limited in scope, is Sands'
Lawless World, the excellent work of a British scholar that was

22 THE CRIMES OF EMPIRE

poorly received once it reached American shores. David Chandler's
important contribution, From Kosovo to Kabul, is devoted mainly
to the broader trajectory of international and human rights law.
Diana Johnstone's hard-hitting Fool's Crusade explores war crimes
and similar violations in the context of the U.S./NATO military
interventions in Yugoslavia during the late 1990s. 28 In the U.S. only
a few writers — Noam Chomsky, Edward Herman, Michael Parenti,
and Gilbert Achcar most notably — have ventured onto this perilous
and thankless terrain. Two recent books, Michael Mandel's How
America Gets Away with Murder and David Model's Lying for
Empire, provide much-needed research and analysis in this area,
though neither fully explores the general historical and political
terrain of U.S. outlawry, which is the purpose of the following
chapters. 29 Carla Del Ponte's exhaustive book, Madame Prosecutor,
systematically addresses war crimes in Yugoslavia, Rwanda, and
elsewhere, but the promise of its subtitle "Confrontations with
Humanity's Worst Criminals" falls predictably short of dealing with
American or NATO crimes. 30 As for U.S. history, a political culture
of denial remains fully embedded within hegemonic discourses,
revealing more than ever a wide chasm separating the celebratory
self-image of Washington officialdom and the real-life horrors
produced by U.S. imperialism and milit

With the dreadful Bush administration relegated to history, a Barack
Obama presidency brought hopes for a new turn in U.S. international
behavior, toward a less belligerent and militaristic, more diplomatic
and peaceful approach. Throughout his path-breaking campaign
Obama called for a new kind of politics, including in foreign
policy. The Democrats' breakthrough encouraged many liberals
and progressives to see Obama as a source of new departures on
the war in Iraq, the Middle East, global warming, the economic
crisis, and WMD proliferation, among other issues. Although
Obama's promises of "change" on the campaign trail seemed
rather vague, hopes in early 2009 were nonetheless high if not
euphoric. Regarding the main focus of this book — the long history
of U.S. outlawry — it is surely worth asking whether an Obama
presidency augurs far-reaching change, whether it is reasonable to
expect a more lawful, less arrogant and militaristic Washington
establishment, ready to play a more constructive and peaceful role
in world politics.

INTRODUCTION 23

As of this writing (March 2009), with the Obama administra-
tion still in its infancy, any firm generalizations are bound to be
premature. At the same time, certain tendencies can be identified on
the basis of Obama 's political record, abundant statements, cabinet
appointments, and initial policies — tendencies, unfortunately, that
offer little cause for optimism. An Obama presidency is likely to
represent continuity, with little evidence to suggest future U.S. global
behavior will divorce itself from the same corporate and military
interests that have dominated earlier presidencies. Obama 's record
is that of a cautious, middle-of-the-road, calculating politician who
gravitates toward the political center, an "antiwar" candidate
who routinely voted for Iraq war funding and whose promise to
withdraw troops from Iraq within 16 months remained highly
conditional. To be sure, Obama 's presence on the world scene — his
thoughtful approach to politics, his charisma, a stated emphasis
on diplomacy and global exchange — will differ sharply from the
outright provincialism and aggressiveness exhibited by Bush and
the neocons. In real terms, however, everything points toward
reaffirmation of longstanding U.S. global ambitions: more effective
"world leadership," stepped-up resource wars, consolidation of
American power in the Middle East, more troops deployed to
Afghanistan, a continued NATO eastward push, unconditional
support for Israel, increases in military spending. Prospects for
full withdrawal from oil-rich and geopolitically crucial Iraq, where
the U.S. has built several large "permanent" bases, seem uncertain
at best. Speaking in late February 2009, Obama pledged U.S.
withdrawal from Iraq, but indicated that between 35,000 and
50,000 troops would stay on indefinitely, to carry out training,
security, and counterinsurgency tasks. The Afghan situation had
already turned into a bloody, hopeless quagmire that, by early
2009, seemed to offer no meaningful strategic options — except
withdrawal (ruled out by Obama). The President immediately
deployed an additional 17,000 soldiers to Afghanistan, with more
to be sent later. He also escalated missile strikes against Taliban
and Al Qaeda targets in north-western Pakistan, with potentially
destabilizing consequences.

The Gaza massacres carried out by Israel in January 2009 were
met in Washington with deafening silence, hardly surprising given
Obama's hard-line pro-Israel speech before AIPAC (America's
pro-Israel lobby) the day after he won the nomination. There have
been no signs of even slight deviation from longstanding, unwavering
U.S. support of Israel, regardless of its ongoing violations of

24 THE CRIMES OF EMPIRE

international law. During the murderous Gaza attack, Obama
referred only to Israeli "security," pointing out that arms smuggling
into the Palestinian territory should be blocked — saying nothing,
however, about the steady flow of military arms and equipment
into Israel from Washington that enabled the Israeli Defense Forces
to carry out their atrocities. Consistent with the policies of Israel
and the domestic Israel lobby, Obama also chose to ignore the
elected Hamas government in Gaza, thereby turning his back on
any viable political settlement of the Palestinian-Israel struggle that
remains at the heart of Middle Eastern turbulence. When the issue
of Palestinian self-determination surfaced once again at the U.N.,
in December 2008, a supporting resolution passed 173 to 5, with
the U.S. and Israel leading the rejectionists — thus further closing
off any chance of a just settlement.

Obama's cabinet appointments also reflected an ominously
conservative, hawkish direction: the Republican Robert Gates for
Secretary of Defense, Rahm Emmanuel as chief of staff, Hillary
Clinton as Secretary of State, and Joseph Biden as Vice President.
All of these politicians supported the Iraq war from the outset,
voted massive funding for it, and strongly endorsed the Afghan
escalation. All are closely tied to the Israel lobby. Obama's National
Security Adviser, the hawkish James Jones, formerly served as a
Marine Commandant. These appointments were cheered by such
media establishment voices as the Wall Street Journal and the New
York Times. With Obama's most important high-level foreign-pol-
icy operatives so closely tied to the orbit of the military-industrial
complex, it would be difficult to envision an Obama departure
from conventional imperial priorities. The promise to close down
the already dysfunctional prison system at Guantanamo, with
fewer than 250 inmates, hardly points toward a renovated foreign
and military outlook. Once having entered the White House,
moreover, Obama revived Bush's rather lame faith-based initiative,
extended the CIA's infamous rendition program, moved to protect
executive secrecy, allowed ROTC (Reserve Officers' Training Corps)
programs back on university campuses, ruled out Pentagon spending
reductions aside from a few limited "cost-cutting" measures, and,
during an interview by Al Arabiya TV, said absolutely nothing about
the U.S. -backed Gaza catastrophe. He also pushed, successfully,
to extend massive Iraq war funding, seemingly undeterred by the
tenacious economic crisis.

That Obama might actually initiate basic changes in foreign policy
was, given his cozy relationship with corporate and military ir

INTRODUCTION 25

an illusory prospect in the first place — no doubt a manifestation of
collective wishful thinking in the wake of Bush's great failures. It is
worth remembering here that postwar Democrats, wedded to the
bipartisan consensus, have always followed the contours of Empire,
the war economy, and the security state. Moreover, the notion that
a single presidential election might itself reverse some 200 years of
U.S. history, bringing to power a leader dedicated to a radical new
course, contradicts the historical logic of American politics. Eight
years of a dismal Bush presidency naturally gave rise to a public
mood of anger and frustration resulting in desperate hopes for
something new — and of course the new White House occupants
did inspire expectations for just that. Any Obama-initiated change,
however, is destined to fall short of altering the long his
trajectory of imperialism and outlawry explored in this book.

1

Crimes Against Peace

Even setting aside forms of intervention such as proxy wars,
CIA-sponsored covert operations, economic and political subversion,
and blockades, the U.S. record of military aggression waged against
sovereign nations since World War II has no parallel. It is a record,
moreover, that stands alone in its scope of criminality. Immersed
from its very founding in an ethos of perpetual warfare, the American
nation-state achieved early imperial status as it expanded westward
and outward, later reaching global proportions with the growth
of the permanent war economy in the late 1940s. The immediate
postwar years witnessed little reduction in Pentagon spending, and
no lessened interest in broader economic, political, and military
pursuits. Across subsequent decades the U.S. has initiated dozens of
armed interventions throughout the world, resulting in a gruesome
toll impossible to fully measure: at least eight million dead, tens
of millions wounded, millions more made homeless or forced into
refugee status, and environmental devastation on a horrific scale.
In the post-9/11 milieu, with the brazen military invasion and
occupation of Iraq, there seemed no end in sight to U.S. imperial
expansion. Every aggressive move was framed by the political and
media establishment as rational and noble, vital to the national
security if not to Western civilization. But with just two partial
exceptions (the U.N. -backed Korean War and the initial Afghan
operations) these actions could never be defended on either rational
or noble grounds; they stand, rather, as clear violations of established
principles of international law.

At the end of World War II the Germans and Japanese were
tried for "crimes against peace" — that is, unprovoked military
aggression waged against sovereign nations. Eventually, 15 German
and 24 Japanese leaders were convicted of such offenses, with U.S.
prosecutors most adamant in pursuing guilty verdicts followed
by death penalties. The Nazis were prosecuted and convicted of
planning and waging war against Poland, the USSR, Norway,
England, Holland, Denmark, Yugoslavia, France, and Greece. The
Charter of the International Military Tribunal at Nuremberg defined

CRIMES AGAINST PEACE 27

"illegal warfare" as "planning, preparation, initiation, or waging
a war of aggression, or a war in violation of international treaties,
agreements, or assurances, or participation in a common plan or
conspiracy [for war]." Moreover, the Nuremberg statutes framed
military aggression as "the supreme international crime differing
only from other war crimes in that it contains within itself the
accumulated evil of the whole," meaning the aggressor is criminally
responsible for all offenses that follow with negative outcomes
traced back to the first military decision to intervene. Drawing
on the Nuremberg principles, the nascent United Nations banned
the first use of force, stating: "All members shall refrain in their
international relations from the threat or use of force against the
territorial integrity or political independence of any state..." (Article
2.4). It is generally acknowledged that prohibitions against military
aggression constitute a fundamental norm of modern international
law and its prevention is the chief purpose of the U.N. There has
been consensus behind rules that could ensure some measure of
global stability, limits to military action, and protection of human
rights. The U.N. Charter provides a definitive list of violations,
including armed invasion, occupation, bombardment, blockade,
attack on a nation's armed forces, using territory for aggression,
and supporting local groups to carry out military operations. These
prohibitions are contained in numerous treaties, conventions,
protocols, and organized charters established in the several decades
since Nuremberg.

FORGETTING NUREMBERG

At different times in its history the U.S. has violated every one of the
above principles, generally holding itself above the most hallowed
norms of international law. Its many acts of military aggression have
for the most part been planned, deliberate, systematic, and brutal,
with its increasingly high-tech firepower directed against weak,
small, underdeveloped, and militarily inferior countries. Such acts
have always been carried out in the absence of a serious military
threat to the U.S. arising from those nations or groups targeted
for attack; the U.S. took the first move, usually sidestepping or
ignoring diplomatic initiatives. The American military — since 1945
the most powerful and far-reaching in the world — has conducted
both selective and strategic (area) bombing, used weapons of mass
destruction, wantonly attacked civilian populations and infrastruc-
tures, mined harbors, invaded and occupied foreign t

28 THE CRIMES OF EMPIRE

up draconian blockades, organized population relocation programs,
and supported paramilitary groups for proxy wars on behalf of
U.S. elite interests — and it has done so across the globe with
virtual impunity. In some cases U.S. military aggression has been
patently unilateral, while in others it came under cover of a U.N. or
NATO coalition where U.S. military (and political) resources were
decisive. Rhetorical justifications have been routinely offered for
public consumption — including appeals to humanitarian agendas,
human rights, national defense, arrest of drug traffickers, the fight
against Communism and terrorism, support for democracy — none
of which, however, have enjoyed much credibility outside U.S.
borders. A more recent pretext has been the claim of halting the
spread of weapons of mass destruction, especially nuclear weaponry.
In any event, closer historical investigation shows that economic
and geopolitical interests have most often driven U.S. military
intervention from the outset, reflecting a long and deep imperialist
legacy. A comprehensive list of U.S. acts of military aggression,
prior to Iraq and Afghanistan, direct and indirect, large and small,
can be found in William Blum's books Killing Hope (1995) and
Rogue State (2000). 1

Postwar military interventions that have brought U.S. leaders
directly into conflict with international law include the following:
Greece, Korea, Guatemala, Vietnam, Laos, Cambodia, Haiti,
Grenada, Panama, El Salvador, Nicaragua, Somalia, Yugoslavia,
Afghanistan, and Iraq. There have been literally dozens of operations
that were covert or indirect, or involved some form of proxy war
(to be discussed later). It will suffice to address a few such episodes
here, concluding with the most recent violation, Iraq.

In the case of Korea, President Truman's undeclared war on the
North (begun June 25, 1950, and referred to as a "police action")
proceeded under the auspices of the U.N., although there really
was no independent U.N. army, navy, or air force separate from
the U.S. armed forces at that time. The operations, lasting nearly
three bloody years, were framed as a U.S. response to North Korean
invasion, but the political situation and the context of warfare were
far more nuanced and complex. U.S. forces had occupied South
Korea in 1945, setting up a brutal dictatorship under Syngman
Rhee and dividing the country. In reality, the two sides had been
clashing at the 38th parallel for several years before the outbreak
of full-scale warfare; North and South could be said to have shared
more or less equal blame. By 1950 there had indeed been hundreds
of incursions from both sides, accompanied by sometimes heavy

CRIMES AGAINST PEACE 29

bombing. In a context where the South Korean dictator openly
proclaimed his intent to reunify the nation by force and on his terms,
and where the South had actually captured the town of Haeju in
the days leading up to war, the question as to who precisely fired
the first salvos turns out to be rather meaningless. Military conflict
seemed to be built into the very logic of a harsh and arbitrary
national partition. In any event, it was the Washington decision-
makers who first initiated large-scale armed operations, having
mobilized U.S. troops (stationed at dozens of bases in Korea and
Japan) well in advance of a U.N. resolution facilitated by a Soviet
boycott. U.S. armies invaded North Korea and pushed all the way
to the Yalu River on the Chinese border where they were repelled
by joint Korean-Chinese troops. The U.S. steadfastly refused any
negotiated settlement, forcing a military stalemate costing up to
three million Korean lives, and which was finally resolved only
when both sides agreed to the original demarcation line — but not
before Truman had considered using atomic bombs to break the
impasse. Whatever the original context or pretext for war, the U.S.
was unquestionably guilty of military aggression once its armies
moved to the Chinese border and then sustained the bloodbath well
beyond reasonable limits. 2

Turning to Vietnam, U.S. leaders emphasized military action
from the earliest postwar breakout of Indochinese nationalism,
purportedly to halt the spread of Communism in Southeast Asia and
beyond, part of the "domino effect." By the early 1960s President
Kennedy and his enlightened liberal elites (Dean Rusk, McGeorge
Bundy, Robert McNamara, Walt Rostow, Maxwell Taylor, et al.)
had set forth an ambitious war plan according to which Indochina
would be a major testing ground in the Cold War struggle between
totalitarianism and democracy. The foundations of everything
that would later unfold — large-scale troop mobilizations, aerial
bombardments, strategic hamlets, free-fire zones, search-and-
destroy missions, chemical warfare — were already firmly in place
under Kennedy and his circle. 3 Warfare as counterinsurgency was
immediately and energetically taken up as vital to U.S. national
interests. The logic of military intervention meant rapid expansion
of U.S. operations, starting with teams of "advisers," from South to
North Vietnam by 1965 and later to Laos and Cambodia, ignoring
diplomatic overtures spelled out in the 1954 Geneva Accords, not
to mention UN. Charter prohibitions against military aggression.
The Geneva Accords stipulated that elections would take place
within two years as a prelude to Vietnamese reunification, but

30 THE CRIMES OF EMPIRE

the U.S. blocked both the elections and reunification in favor of
a dictatorship (led by Ngo Dinh Diem) that turned the South into
a besieged American colony. After Diem's harsh rule generated
massive resistance, Kennedy approved military aid and intervention
in 1961, explicitly abrogating the terms of the Accords. In 1964
President Johnson used the manufactured Gulf of Tonkin crisis
to launch full-scale war in Vietnam, which eventually spread to
Laos and Cambodia, where in 1969-70 the U.S. carried out the
deadliest aerial onslaught in history, creating utter carnage over
vast regions. What JFK and his technocratic planners set in motion
was extended during the Johnson and Nixon presidencies, although
war was never formally declared against North Vietnam, Laos, or
Cambodia. For one of the most flagrant violations of international
law ever, spanning a period of 14 years, three U.S. presidents and
their war managers could and should have been held criminally
accountable for crimes against peace, just as the Germans and
Japanese were at Nuremberg and Tokyo. Christopher Hitchens
has correctly identified Henry Kissinger as a mass murderer and
war criminal for his role in Indochina, but Hitchens fails to explain
why the list should stop with Kissinger. 4

Turning to the Caribbean, the U.S. legacy of military aggression
in the region is well-known, being the product of geopolitical
interests going back to the nineteenth century. Leaving aside covert
action and proxy wars, the past several decades have witnessed
American warfare launched against five sovereign nations: Haiti, the
Dominican Republic, Nicaragua, Grenada, and Panama. In April
1967 a popular revolt swept through the Dominican Republic,
its goal the restoring to power of reformist Juan Bosch (earlier
overthrown with U.S. help). The U.S. sent 23,000 troops to crush the
rebellion and preserve the military dictatorship, never bothering to
secure U.N. support. While the U.S. regularly waged proxy warfare
in Central America, its operations took on a more direct character
at times — for example, with the mining of Nicaraguan harbors in
the early 1980s. Nicaragua filed suit in the World Court in 1984
asking for relief, whereupon the court ruled (in 1986) that U.S.
leaders were in violation of international law, and should cease
their intervention and pay reparations. The Reagan administration
summarily dismissed the charges and verdict, refusing to accept the
court's jurisdiction over American interests. In October 1983 the
U.S. conducted a surprise raid on tiny Grenada, killing hundreds of
people (including 84 Cubans) in order to overthrow the reformist
Maurice Bishop government — ostensibly to "restore democracy."

CRIMES AGAINST PEACE 31

A decade later, in Haiti, President Clinton sent U.S. troops to bring
Jean-Bertrand Aristide back to power under the diktat (enforced
by occupying soldiers) that he implement neoliberal economic
policies. Judged by established canons of international law, these and
related military ventures must be regarded as crimes against peace —
especially given U.S. refusal to entertain diplomatic initiatives.

A more brazen U.S. attack came against Panama in December
1989, when 26,000 air and ground forces invaded and then took
over the country, ousting supposed drug trafficker Manuel Noriega
and installing a friendly regime at the cost of an estimated 4000
Panamanian lives (mostly civilians) and the destruction of many
opposition groups. The working-class section of Panama City, El
Chorillo, was largely demolished, with 14,000 left homeless. 5 The
first Bush administration justified its unprovoked attack on several
grounds — arresting Noriega on drug charges, restoring democracy,
protecting American lives — none of which carried much weight
relative to the pull of U.S. strategic priorities in the Panama Canal
region. The actual problem with Noriega was not drug offenses but
his increasingly defiant attitude toward Washington. In this case, as
in others, President Bush never declared war, nor did he secure the
backing of the Organization of American States (OAS) or the U.N. 6

Little more than a year later, following the August 1990 Iraq
invasion of Kuwait, the U.S. unveiled Desert Storm — supported by
a coalition it had mobilized — as the first salvo in the Gulf War and
in the post-Cold War assertion of unchallenged U.S. global power.
The Bush administration had been prepared for military action to
counter the Hussein regime, dismissing negotiating initiatives from
Russia and other interested parties, including from Iraq itself. In
early 1991 the U.S. used bribes and threats to build its coalition
before carrying out its technowar blitz against Iraq, destroying much
of the country's infrastructure and killing at least 200,000 people,
including some 30,000 troops in retreat along the "highway of
death" as military action was ending. 7 The U.S. was able to inflict
more damage on Iraq than on any other country in the twentieth
century, leaving aside Korea and Vietnam. (Although Washington
bought the participation of coalition partners, for example by
means of seven billion dollars of loans to Russia, military operations
remained almost exclusively the province of the U.S., especially in
the air, with some British help.) Anticipating the 2003 invasion and
occupation of Iraq, Bush the elder justified the armed response by
invoking Hussein's threat to Western interests, in particular his
possible invasion of oil-rich Saudi Arabia. No evidence was ever

32 THE CRIMES OF EMPIRE

furnished, however, to validate such claims. What Desert Storm
achieved for the U.S. was a durable, large-scale military presence in
the Gulf region serving as a prelude to further strategic ambitions
in Iraq and beyond.

After the Gulf War the U.S. created no-fly zones over Iraq,
continued regular bombing missions, and enforced draconian
economic sanctions that U.N. agencies reported to have cost more
than one million lives, almost exclusively civilian. 8 While the Security
Council endorsed political efforts to deal with the rather implausible
Iraqi foreign ambitions, there were no stipulations allowing the kind
of military carte blanche that Washington was pursuing throughout
the 1990s. War crimes visited upon Iraq during this period included
some of the most ruthless and unnecessary in modern history. 9
Even with the blessing of U.N. cover in the case of Desert Storm,
the U.S. was clearly guilty of planning and carrying out a war of
aggression that historical evidence shows was entirely avoidable,
and of sustaining it for more than a decade. 10

The U.S./NATO intervention in the Balkans during 1999 came
under cover of the first "humanitarian" war, said to combat the
horrors of Serb "ethnic cleansing" and "genocide." Virtual non-stop
aerial bombardments, lasting 79 days, demolished the Serb infra-
structure, with Belgrade suffering thousands of casualties. Relying
on the safety of high altitudes, planes attacked civilian targets,
dropped cluster bombs, and delivered missiles and bombs tipped
with depleted uranium (DU), disseminating tons of toxic chemicals
and radiation into air, water, and crops. Justified as a human rights
crusade, a small, poor, relatively defenseless nation of eleven million
people was pulverized by Western air power. NATO commander
General Wesley Clark boasted that the aim of the air war was to
"demolish, destroy, devastate, degrade, and ultimately eliminate
the essential infrastructure of Yugoslavia." 11 No only did these
unprovoked military operations violate the U.N. Charter prohibiting
armed aggression, they also flew in the face of the Geneva Protocols
outlawing wanton destruction of civilian populations and objects.
(Indeed President Clinton never even sought U.N. Security Council
backing for this venture. )

Whatever the crimes of Slobodan Milosevic in his desperate
attempt to hold together an embattled Yugoslavian nation-state,
they would pale in comparison to the carnage left by the U.S./
NATO campaign of aerial terrorism. The Western propaganda
campaign dwelling on Serb atrocities — and turning Milosevic into
"another Hitler" — was not too far removed from the r

CRIMES AGAINST PEACE 33

presented in Barry Levinson's popular film Wag the Dog (1998).
The simplistic media conveniently ignored the role of NATO powers
in the post-Cold War disintegration of Yugoslavia, U.S. support of
the fascist Tudjman regime in Croatia, the tyranny brought by the
Islamic fundamentalist Izetbegovic regime in Bosnia, and rampant
local terrorism practiced by groups like the Kosovo Liberation
Army (KLA) that were organized and funded by Washington.
Also sidestepped was the expanded NATO military presence in
Yugoslavia after 1995, part of U.S. geopolitical interests in the
Balkans including plans for the eastward expansion of NATO. To
believe that the Serbs were the only villains within this conflicted
political history makes no sense. Evidence shows that Washington
chose to target the Milosevic government not because it was criminal
or authoritarian (it was in fact twice elected) but because it presented
an impediment to U.S. domination of the Balkans, strategically
connected to the rest of Europe, Russia, the Middle East, and the
Caspian Sea — a region rich in oil, natural gas, and other prized
resources. The NATO planners of military action were ultimately
charged with war crimes in 1999, in a suit naming President Clinton
as a defendant — along with Secretary of Defense William Cohen,
Secretary of State Madeleine Albright, General Clark, and British
leader Tony Blair. With substantial evidence at their disposal,
including a record of sustained aerial attacks on distinctly civilian
targets, the plaintiffs took their case to The Hague Tribunal, hoping
to be heard by chief prosecutor Carla del Ponte. The case, however,
was summarily thrown out in the wake of vehement American
protests as the mystical (but seemingly ironclad) law of U.S. special
immunity once again held sway. 12

Other records of postwar military aggression, more limited
in scope, ought to be mentioned — for example, the four aerial
bombardments of Libya in the 1980s, troop deployments to Somalia
in 1993, and military intervention connected to the war on terrorism
in Afghanistan going back to October 2001. (The Afghan operation
to destroy Al Qaeda base camps and overthrow the Taliban regime
could be justified as a defensive response to 9/11, permitted under
the U.N. Charter, but as of early 2009 the very length of the war
there and its excessive costs in human lives — along with the resulting
chaos and violence — raises compelling questions about proportion-
ality as well as political motives.) In early 2002, a CIA-operated
unmanned Predator aircraft struck a target in Yemen with a
laser-guided Hellfire missile, killing six people in a civilian vehicle,
part of an increasingly bold U.S. effort to fight terrorism. This and

34 THE CRIMES OF EMPIRE

similar attacks, presumably fitting Bush's doctrine of preemptive
warfare, wind up expanding the boundaries of permissible military
action consistent with the "right" Washington has given itself
to militarily intervene in any country, at any time, in whatever
fashion it chooses, international law be damned. 13 In such cases a
few generalizations stand out: casualty tolls are overwhelmingly
civilian, the military option comes before diplomatic efforts have
been exhausted, justifications are invariably bogus, reliance on
technowar reduces U.S. casualties while creating more bloodshed
on the ground, interventions come against small, relatively weak
and defenseless nations that have challenged U.S. power, and the
decision to attack stands in clear violation of international law.

SUPERPOWER ETHICS

After the first Gulf War the U.S. relied upon every device available
to it — espionage, inspections, bombing raids, covert action,
economic sanctions — to subvert Iraqi power while moving to secure
its imperial supremacy across the region. As early as 1992 some
neocon ideologues had called for a "remapping" of the Middle
East, beginning with regime change in Iraq (a task left "unfinished"
in 1991), while the U.S. set out to bolster its economic, political,
and military leverage in the Persian Gulf and Central Asia. We
have seen how the 2003 invasion and occupation of Iraq was
designed to reorder that nation's governing, industrial, financial,
and legal structures as a step toward controlling its resources. U.S.
intervention followed several (often overlapping) phases: build-up
to war, invasion, occupation in pursuit of hegemony, reconstruction,
and final consolidation of control and governance. The first two
phases were carried out swiftly and efficiently enough, although
deceitfully, after desperate U.S./British efforts to win U.N. Security
Council backing had failed. Media-centered public relations
campaigns that demonized the Hussein regime were indispensable
to success. Quick battlefield gains, however, turned illusory,
masking enormous political and military disasters to come. The
third phase — occupation — soon turned into a major catastrophe
because of contradictions inherent in efforts by a foreign power to
rule a nation mainly by force, especially where the predatory aims of
the occupier were so transparent. As for reconstructing a society it
had already essentially destroyed, the U.S. goal has been to maintain
enough stability to permit Western corporate penetration of the
economy. However, as of early 2009, the occupation could only be

CRIMES AGAINST PEACE 35

described as fragile despite the reputed gains of the military "surge"
undertaken by Bush in 2007. More to the point, every phase of this
operation has unfolded in flagrant violation of international law.

Without Security Council approval, the war was patently illegal
from the outset — a reality understood around the world but typically
obscured in the U.S. Article 2.4 of the U.N. Charter is firm in its
prohibition against military aggression, the only exception being
self-defense, which could never have applied where an already
debilitated Hussein regime's capacity to harm even its neighbors,
much less a superpower 6000 miles distant, was nil. The erosion of
American political culture is so advanced, however, that legal and
moral concerns about U.S. global behavior never get raised, much
less debated. In late 2002 the U.S. Congress gave President Bush
"authority" to use military force against Iraq, as if such a resolution
affirming superpower interests might trump established principles
of international law. The American political consensus was, and
remains, that such rules cannot set limits to the pursuit of national
interests, as reflected in Bush's statement on the eve of war, "I don't
care what the international lawyers say, we are going to kick some
ass." 14 The prevailing ethos among U.S. politicians, the media, and
even most academics was that "preemptive war" against Iraq might
be illegal but it was nonetheless legitimate, that is, fully appropriate
given the mad dictator Hussein's threat as patron of terrorism and
bearer of weapons of mass destruction.

Regardless of any Iraqi threat, moreover, Bush's doctrine
of preemptive war — a military strike against a "possible" or
"anticipated" but in fact totally conjured threat — still violates the
U.N. Charter mandating Security Council approval. In fact the
entire build-up to war was fraudulent: public statements clearly
reveal that regime change in Iraq was on the neocon (and then
official Washington) foreign-policy agenda going back at least a
decade. This was the essence of the 1998 Iraq Liberation Act, which
at the time mentioned nothing about democracy or Hussein's alleged
connection with Al Qaeda or his possession of WMD. The strategy
revolved around securing economic and geopolitical interests in
the region. After the first Gulf War Security Council Resolution
687 demanded that Iraq dispense with its WMD and be open to
U.N. inspections, but no WMD were ever found after years of
searching, while it was generally understood that Iraq had been
largely disarmed soon after Desert Storm. Nonetheless, with graphic
images of an imminent Iraq WMD attack, replete with Condoleezza
Rice's visions of "mushroom clouds," Bush, Cheney, and Rumsfeld

36 THE CRIMES OF EMPIRE

energetically beat the drums of war in the aftermath of 9/11.
The issue of an Iraqi WMD threat, not to mention patronage of
terrorism, was nothing but a pretext for war cynically manipulated
to persuade a gullible American public to go along with the larger
Bush agenda. 15

In November 2002 the Security Council adopted Resolution
1441, saying that if Iraq failed to cooperate with nuclear inspections
and did not fully reveal its WMD programs, the regime would face
"serious consequences." But nowhere did the resolution explicitly
authorize the use of military force which, in any event, France,
Germany, Russia, and China strongly opposed; military action
should never have been a matter for the U.S. alone to decide. From
November 2002 through March 2003 inspections continued but
nothing was found, leaving the Bush administration with no recourse
but to forge its own illegal "coalition of the willing" in arrogant
contempt of the U.N. and its member nations. There was absolutely
no legal basis for war. 16 No foreign leaders, including neighbors
of Iraq, believed that a Hussein weakened by war, disarmament,
sanctions, and bombings could possibly threaten anyone, much
less to the world's most powerful war machine. Desperate for
support, Washington set out to bribe leaders of several countries,
just as it had done before Desert Storm, with mixed results. And
no international lawyers outside the U.S. could find merits in the
American case: Bush was simply never able to defend the imperative
for war. The U.S. itself was not in a position to determine a breach
of U.N. resolutions, or, more importantly, exactly how to punish
Iraq if there had been one. Sheer military power was the only trump
card that Washington possessed.

In September 2004, far too late to influence the course of events,
U.N. Secretary-General Kofi Annan said he believed the U.S./British
invasion and occupation of Iraq was illegal, a clear violation of
the Charter. The pretext for war was entirely bogus. Most Security
Council member states had in 2003 already rejected the U.S. case,
and of course history shows they were correct and the Bush/neocon
warmongers wrong. In justifying war the U.S. fell back on the claim
that its own intelligence agencies had reported Iraq's possession
of WMD, but it turned out the intelligence "data" had been sys-
tematically distorted to support the Bush agenda. In the end, the
U.S. managed to sabotage international law at several junctures, its
determination to initiate military action at any cost a major factor
behind the mounting global ethos of lawlessness. 17

CRIMES AGAINST PEACE 37

The build-up to war was accompanied by a series of legal
violations, illegal maneuvers, provocations, and a propaganda
campaign waged to demonize Iraq as the world's greatest military
threat, although its arms expenditures had sunk well below one
billion dollars — inadequate for even a defense of the country. What
bothered the U.S. most about Iraq after the late 1980s was not
its possession of WMD (real or otherwise) but rather its growing
independence from the West and perceived challenge to U.S. designs
in the Middle East. Whatever its defects, the Ba'ath Party favored
land reform, public ownership of national resources, socialization
of industry and finance, a secular Arab nationalism, and support for
the Palestinians. While "socialist" elements were in retreat during
the 1990s, the U.S. was most agitated over Iraqi foreign policy
and stepped up its crusade for regime change, long before 9/11 or
the neocon ascendancy. U.N. economic sanctions were imposed
in 1991, blocking many essential imports and precipitating a
sharp decline in public services and standard of living, a policy
strenuously championed mainly by the U.S., but devoid of legal or
moral rationale. In May 1993 Clinton unveiled a plan to destabilize
the regime and force the downfall of Hussein. Toward this end the
U.S. created no-fly zones over Iraq, allowing the Pentagon to bomb
targets with impunity, supposedly permitted by Article 51, chapter
VII of the U.N. Charter, although nothing in that statute actually
permitted military attacks by the U.S. or any other nation. The U.S.,
Israel, and Saudi Arabia collaborated in several efforts to assassinate
Hussein, illegal according to several international treaties. A coup
attempt sponsored by the CIA with Saudi intelligence help was
aborted at the last minute in 1996. Such foreign intervention in the
domestic affairs of a sovereign nation is understandably viewed as
an outrage by every government in the world.

The above constitutes only a small part of the dreadful historical
narrative leading up to war. The U.S. carried out ongoing espionage
and sabotage activities in Iraq under cover of the UN. inspections
regimen (UNSCOM), much of it designed to identify military
targets for the planned future armed intervention. Infiltration and
covert action were stepped up after 1994 as the U.S. moved toward
regime change, hoping to replace Hussein with a small coterie
of pro-Western generals. By the late 1990s such illegal activities
had steadily increased as CIA operatives financed and supported
oppositional elements, none of which, it turned out, could mobilize
any popular support outside the Kurdish population. As the U.S.
demanded virtually unlimited access to sites across Iraq, seizing

38 THE CRIMES OF EMPIRE

on that freedom to conduct surveillance and espionage, Hussein
inevitably resisted and strengthened repression at least in part to
counter foreign subversion. 18 The accumulation of intelligence data
seemed to be a crucial function of the entire inspection process. As
Dilip Hiro writes: "Having collected highly confidential information
about the inner workings of Saddam's regime — most of it by
infiltrating UNSCOM — the Clinton administration was eager to
use it to impress on Saddam his vulnerability and to warn him of
more punitive action." 19 Such intervention was both brazenly illegal
and provocative, designed to force extreme crackdowns that would
allow the U.S. to further demonize Hussein. However, while the CIA
and kindred agencies deployed several thousand operatives to Iraq
and its periphery (mainly Jordan, Saudi Arabia, and Kuwait), their
efforts to destabilize the political system had largely failed, leading
to more frustration in Washington. 20 When the U.S. Congress
passed the Iraq Liberation Act in 1998, calling for regime change,
it earmarked nearly $100 million to train, equip, and finance Iraqi
opposition groups, with relatively little to show for it. Frustration
led the U.S. to gravitate toward more immediate military solutions:
in late 1998, for example, Clinton ordered extensive bombing of
hundreds of targets, on the pretext of attacking Hussein's (alleged)
WMD arsenal.

By the late 1990s the U.S. had already chosen a leader to succeed
Hussein — Ahmed Chalabi, head of the CIA-invented Iraq National
Congress (INC), a selection that had absolutely nothing to do with
WMD, terrorism, or democracy. In May 1999 National Security
Adviser Samuel Berger reiterated that the U.S. had a "determination
to get rid of Saddam Hussein by the end of Clinton's second term." 21
When nothing happened while Clinton was still in office, the Bush
administration just carried forward the same policy injunction, but
now with a new sense of urgency owing to neocon influence and
the events of 9/11. Leading figures under Bush — Cheney, Rumsfeld,
Rice, Wolfowitz, et al. — rushed to embrace the INC as beneficiary
of regime change, though now this bogus group was offered up
as a "democratic alternative" to Hussein's tyranny. None of these
plans to overthrow a sovereign government in order to satisfy U.S.
strategic objectives were, needless to say, consistent with the norms
of international law. Knowledgeable inspectors and observers,
including CIA officials, knew that Iraq possessed no WMD, that it
had no connection to Al Qaeda, and that it was a nation reduced to
poverty and weakness, scarcely able to defend itself militarily. It was
also widely known that the most sustained human rights violations

CRIMES AGAINST PEACE 39

emanated from Washington and London rather than Baghdad,
although the Hussein regime was hardly guilt-free. The invasion
was conceived and planned months and even years in advance, the
product of criminal intentions spanning three presidencies and both
major parties across more than a decade.

As James Bamford has shown, the road to war never followed
on the basis of actual problems and threats related to Iraq, but
was opened up by a lengthy, expensive propaganda campaign
managed in great part by the Rendon Group and abetted by the
corporate media. Beginning in the early 1990s, the Pentagon secretly
awarded Rendon tens of millions of dollars in contracts to provide
the ideological context in which regime change in Iraq could be
effectively pursued — a project that worked beyond even the neocons'
wildest fantasies. 22 Collaborating with the CIA and leading neocon
operatives, Rendon was able to construct a public understanding
of Iraq as the greatest menace to world peace, a dictatorial regime
ready to unleash powerful weapons on an unsuspecting world. A
self -proclaimed "information warrior," John Rendon was convinced
that modern warfare depends crucially on public perception — how
threats and enemies are viewed, what prices are worth paying, what
methods of warfare are acceptable, and so forth. The Rendon
Group has done business in no less than 91 countries, preparing
the groundwork for U.S. interventions in Panama, Yugoslavia,
Afghanistan, and Iraq among others. Addressing the 2003 invasion
of Iraq, Bamford writes: "Never before in history has such an
extensive secret network been established to shape the entire world's
perception of a war." 23 As the 1990s unfolded, Rendon became
Washington's leading marketing group on behalf of regime change,
working closely with TV, radio, and print outlets to demonize Iraq
and make the case for war. In other words, a vast propaganda
apparatus was crucial to preparations for military aggression, part
of a deliberate advertising and marketing strategy. Further, in the
wake of invasion and throughout a protracted occupation regime,
the Rendon campaign actually intensified as it strived to convince
the American public that the "war" was being won (in this case
with much less success).

The Rendon campaigns, waged with cynical disregard for facts,
costs, and risks, give added meaning to the criminality of Bush's
drive toward military action. If regime change was on the agenda
as early as 1992, then issues revolving around WMD and terrorism,
not to mention democracy, could not possibly have been decisive
in the move to invade and occupy Iraq. The reasons invoked by

40 THE CRIMES OF EMPIRE

Bush were all simply a pretext for an illegal war that was, from
the outset, based on resource and geopolitical agendas spelled out
during the previous decade. It follows that "intelligence failures,"
moreover, had nothing to do with faulty decision-making: on the
contrary, intelligence data was manipulated to serve policy ends,
as insiders like Richard Clarke were able to demonstrate. 24 CIA
analysts were repeatedly ordered to refashion their findings to suit
phony Bush administration claims, as with Iraq's supposed nuclear
program and its alleged ties to Al Qaeda. 25 Hell-bent on military
action, Washington refused to allow any troublesome evidence to
stand in its way.

The military occupation established a colonial regime that,
with modest British help, the U.S. used to set about remaking the
economic, political, and legal structures of Iraq — itself a violation
of international law, contained in provisions of the fourth 1949
Geneva Convention (chapter III) governing conditions of foreign
control. This convention stipulates that an occupying power is
obliged to respect the laws, customs, and institutions of the nation
it has taken over, but the U.S., motivated by its grand strategy
of reconfiguring the Middle East, had its sights on transforming
everything to satisfy its own objectives. Thus, according to Order
39 (September 2003), signed by L. Paul Bremer III for the coalition
authority, the Iraq economy was to be privatized and opened up to
foreign investment, with U.S. and British corporations having the
inside track. Rather than safeguarding domestic laws and resources,
the U.S. moved to secure its own economic priorities, assuming that
its military could (with help from private contractors) manage the
chaos and violence. As of early 2009 no Western political, military,
or corporate leaders had been held accountable under the Geneva
Protocols, even as Hussein and other former Ba'ath leaders were
being tried, convicted, and (in some cases) executed for war crimes
before the ad hoc Baghdad Tribunal.

U.S. criminality in Iraq has been all the more brazen given the deceit
and cynical contempt for legality that accompanied the American
drive to colonize the Middle East. Everything that took place grew
out of longstanding U.S. economic and strategic aims in the region,
a function in great measure of corporate globalization. The invasion
and occupation — far from being a mistaken overreach by the clumsy
Bush administration — occurred within a definite logic: to open up
Middle Eastern economies to Western corporate penetration. As
Antonia Juhasz writes, this was the Bush agenda from the outset:
in the midst of bloodshed and chaos, U.S. companies were making

CRIMES AGAINST PEACE 41

billions of dollars in profits from the war, with more tens of billions
and even trillions to be made in the future. 26 Following 2003,
according to Juhasz, oil corporations were reaping all-time profits
off the war, as were military-related firms like Bechtel, Halliburton,
Chevron, Lockheed-Martin, and Raytheon. The year 2004 was
Chevron's most profitable ever (at $13.3 billion) while Bechtel's
gains reached a new high at $17.4 billion the same year. To sustain
such profits, however, the U.S. would have to reshape the entire
Iraqi infrastructure, including the government, laws, and social
policies, to allow for maximum foreign investment — a goal that,
while patently illegal, was embraced from the first days of the
occupation. To this end the U.S. began to transform the whole
political and economic terrain — banking, investment, taxation,
copyright laws, trade, the media, even education. This agenda was
already laid out in the 1992 Defense Planning Guidance document
and reaffirmed later, establishing Washington's imperial supremacy
in a post-Soviet world, with domination of Iraq a linchpin in the
struggle for Pax Americana.

Although regime change was not originally central to a Bush
agenda, Juhasz points out that it was Bush who finally "unified
military and corporate globalization into one mighty weapon of
Empire." 27 Perpetual war would be needed to confront actual and
potential "threats" — such threats understood as challenges to
U.S. global hegemony. In the build-up to war, Juhasz points out,
the large oil and military companies were supporters of military
action, hopeful of both super-profits from the campaign and an
opening-up of the Middle East to further business investments.
Although Iraqi oil reserves were listed at 112 billion barrels, some
estimates anticipated discoveries of up to 400 billion barrels — which
would amount to the largest deposits in the world. Hussein had
excluded U.S. oil companies from bidding for lucrative contracts
during the 1990s, preferring instead to deal with Russia, France,
and China, and this was surely a major U.S. consideration in the
drive toward regime change. 28 With occupation and the setting up
of a puppet government, the U.S. was able to frame a new Iraq
Constitution enshrining Bremer's Order 39, permitting continued
occupation and new (mostly U.S.) licenses to "reconstruct" the
economy and society. Here the Bush agenda worked to privatize
state-owned industries and resources (including oil), opening up
access to transnational corporations. The new government was
"free" to sign huge contracts with such oil giants as ExxonMobil
and Chevron. In 2004, the U.S., chronically short of combat troops

42 THE CRIMES OF EMPIRE

and logistical supports, deployed 14,000 security guards to protect
the Iraqi oil infrastructure against sabotage and insurgency. 29 After
2003, moreover, Iraq oil exports to the U.S. steadily increased,
reaching more than one million barrels daily by mid 2006. Thus
the occupation, in many ways a human catastrophe, eventually
delivered lucrative benefits to Western corporations even in the
midst of chaos, violence, and unpredictability.

The flagrant criminality of this project — its motivation sheer theft
and exploitation — has been largely ignored within the American
public sphere, as if the ends of that project were a matter of simple
entitlement. The idea of U.S. domination over the Middle East
has become an article of faith in Washington, virtually across the
ideological spectrum — an updated sign of national exceptionalism.
This view shaped the thinking of 2006 Iraq Study Group members,
an ostensibly bipartisan gathering charged with arriving at an
"alternative" war strategy to Bush's failed project. Their report
amounted to nothing more than a refined blueprint for maintaining
U.S. hegemony in the region. Recommendation 63, for example,
calls on U.S. leaders to "assist Iraqi leaders to reorganize the national
oil industry as a commercial enterprise" while "encouraging
investment in Iraq's oil sector by the international community and
by international energy companies" — as U.S. troops (in possibly
smaller numbers) continue to occupy the country well into the
future. The report echoed the ideas of such neocon think-tanks as the
American Enterprise Institute (AEI) and the Heritage Foundation,
which in March 2003 had called for full privatization of Iraq's oil
economy. Although the Study Group looked to reduced American
troop commitments, its hope was that Iraqi armed forces and law
enforcement agencies (naturally with U.S. funding and cadres of
"advisers") could solidify the Washington-installed power structure.
The U.S. has built sprawling permanent bases around the country
while the newly constructed American Embassy in Baghdad became
the largest in the world — clear indications the Bush agenda (as
of early 2009) was alive and well even with the transition to the
Obama presidency, which largely carried forward the sentiments
of the Iraq Study Group.

This agenda, as we have seen, is not confined to Iraq or even the
Middle East; but is global in its aspirations. Goals spelled out in the
crucial 2002 National Security Strategy document and reaffirmed in
the 2006 version placed Iran squarely within the imperial agenda,
its government targeted for regime change on the same pretext that
justified war against Iraq: alleged possession of WMD, links to

CRIMES AGAINST PEACE 43

terrorism, tyrannical rule. Once again the world is being told that
the U.S. must confront a fearsome, imminent threat to world peace.
The pages of such neocon periodicals as the Weekly Standard were
by 2006 promoting another war even at a time of mounting disaster
in Iraq. In September 2006 Congress enacted and Bush signed the
Iran Freedom Support Act, in the spirit of the 1998 Iraq Liberation
Act, giving Bush (and later Obama) virtual carte blanche to carry
out yet another war of aggression. Seemingly unthinkable just a few
years ago, the supposed need to initiate military operations against
Iran had by early 2007 gained new currency. Thus neocon Joshua
Muravchik urged aerial bombardments of Iran, with or without
UN approval, since Iran's "secret nuclear program" (never shown
to be a weapons program) cannot be tolerated. He is convinced
such attacks will undermine the Iranian government, but if that
fails a ground invasion should be contemplated. Muravchik writes
that "[Iranian leader] Ahmadinejad wants to be the new Lenin.
Force is the only thing that can stop him." 30 Here, oddly enough,
the current designated enemy is no Hitler on-the-move but rather
a "new Lenin" ostensibly ready to launch world revolution.

As Scott Ritter argues in Target Iran, plans for regime change
in Iran will predictably lead to even greater disaster than what has
taken place in Iraq. He writes that American politicians have been
propagandized into supporting possible military aggression against
Iran, in the absence of evidence that the Ahmadinejad regime is a
threat to U.S. national security. 31 The main problem, according to
Ritter, is tenacious Israeli pressure to move before Iran acquires
nuclear-weapons capacity — pressure simultaneously exerted mostly
through the pro-Israel lobby in Washington. Thus: "The conflict
currently under way between the United States and Iran is first
and foremost a conflict born in Israel. It is based upon the Israeli
a that Iran poses a threat to Israel, and defined by Israeli
s that Iran possesses a nuclear weapons program. None
of this has been shown to be true." 32 As Ritter shows, it was the
same pro-Israel lobby that influenced Congress members to support
Iranian opposition groups working for regime change. (It is worth
noting here that Iran, a signatory to the Nuclear Non-Prolifera-
tion Treaty, is completely entitled to explore and develop atomic
energy, and no inspections process has found that the Iranians have
a weapons program. The Israelis not only have such a program
but possess a huge stockpile of nuclear weapons. The same is true
of both Pakistan and India, the latter country receiving nuclear
e from the U.S. despite not being an NPT signatory.)

44 THE CRIMES OF EMPIRE

As usual, U.S. geopolitical objectives are concealed beneath phony
claims of threats to U.S. national security. Gestures toward military
action (a violation of the U.N. Charter) have trumped diplomatic
overtures — in this instance a willingness to even participate in direct
talks with the Iranians — a curious behavior for leaders claiming to
favor peace, democracy, and security. The U.S. has refused direct
negotiations with the Ahmadinejad government while also rejecting
Iranian efforts to secure a non-aggression pact. The push toward
some form of warfare once again seems to follow the logic of
necessity, obscuring efforts at political solutions. Unfortunately, as
Ritter argues, "while the American public may be pre-programmed
to accept the necessity of war with Iran, even if no such necessity
exists, there has been no effort to prepare America, or even the world
at large, for the awful reality of what a war with Iran would entail." 35
The potentially cataclysmic repercussions of U.S. or Israeli military
intervention extend far beyond those of the ill-fated Iraq adventure,
since Iran possesses the capacity to destabilize the global system.

DESCENT INTO LAWLESSNESS

As the Nuremberg precedent and the U.N. Charter both affirm,
the first use of armed force against a sovereign state — except in
cases of imminent self-defense — constitutes military aggression,
a violation of international law. At Nuremberg, as we have seen,
crimes against peace were considered the "supreme crime" for
which Germany and Japan were held culpable during World War
II. The Nazi regime was understood to be a criminal enterprise,
its leaders guilty of deliberate and concerted plans to invade and
occupy the territory of several European nations. If the entire regime
was held to be a criminal entity, moreover, it followed that its
top decision-makers as well as many of its functionaries should
be prosecuted for their actions, and this indeed took place at
both Nuremberg and Tokyo in the late 1940s. As Joseph Persico
writes: "Not the slightest doubt could remain that Nazi Germany
had planned and waged aggressive war, that it had fought that
conflict with flagrant disregard for the rules of warfare, and that
independent of any military necessity, it had committed mass murder
on an inconceivable scale." 34 Precisely the same judgment could be
rendered concerning U.S. actions in Iraq, but of course not only
there. Yet neither the Nuremberg legacy nor the U.N. Charter —
not to mention a long series of treaties and protocols — seem to
have deterred U.S. leaders from following the path of war-making.

CRIMES AGAINST PEACE 45

The U.S. has not only brazenly subverted international legality,
its leaders have remained free of prosecution, beyond the reach
of global rules, canons, and agreements. Meanwhile, the world
descends further into a Hobbesian state of lawlessness.

The shameful reality is that, despite sharpening economic and
political problems that have beset Washington, the legacy of U.S.
exceptionalism remains very much alive — a subversion of legal
universality in the absence of which efforts to solidify a regimen of
peace and human rights become meaningless. In this context the
U.S. intervention in Iraq has only exacerbated tendencies toward
militarism and war, not to mention terrorism and the spread of
WMD. U.S. contempt for the international law it professes to value
so highly endows Washington with an outlaw status, mocking
its lofty pretensions. By rejecting international conventions as
too constraining or "obsolete" the U.S. has in effect embraced a
superpower morality placing itself above the mundane concerns
of other nations. By the early twenty-first century, U.S. global
criminality had become so ordinary as to be taken for granted
within the political culture. Where violations of international laws
and norms become so routine and so flagrant they inevitably wind
up as stable features of the political landscape. 35 Philippe Sands
commented that "George Bush's America has become synonymous
with lawlessness." 36 Long before the Bush presidency, however,
the U.S. had become increasingly gripped by the ethos of war and
aggression. Some academic theorists justified this state of affairs
with rambling, obtuse treatises on the "limits of international law"
since, as we know from historical example, imperial powers are
expected (entitled?) to pursue nothing but their own selfish interests,
by force where necessary. Any rival concept of global behavior, such
as the accountability of all nations to contractual agreements and
international rules, must be jettisoned as irrational if not Utopian. 37

Given the continuing legacy of American exceptionalism, this
strident outlawry should hardly astonish any careful observer of
the world scene. The Bush agenda for colonizing the Middle East
is just one instance of U.S. foreign and military policy taking an
aggressive turn, marked by a restlessness to throw away restraints
on behavior. As Ritter observes: "The 2002 National Security
Strategy of the United States represents a frontal assault on the basic
framework of international law that had held the world together,
however tenuously, since the end of World War Two. It also codified
the doctrine of global hegemony on the part of the United States,
replete with notions of preemptive war, unilateralism, and regime

46 THE CRIMES OF EMPIRE

change." 38 Under these conditions Ritter sees U.S. willingness
to honor international law as contingent on elite perceptions of
national interest. 39

Of course no U.S. political leader has ever believed that any
facet of American global behavior could possibly be regarded as
illegal or criminal; whatever occurs under the aegis of Washington
decision-making is, by definition, noble, beyond the reach of ethical
or legal condemnation. Mistakes are made, but the ends themselves
simply cannot be questioned. Some opinion-makers insist that
the U.S. represents an entirely new kind of empire, more benign
and less exploitative than previous empires. 40 It follows that the
actions of a benevolent empire demand more flexible criteria for
judgment, as when global laws and treaties are broken in the service
of higher purposes. Those standing in the way of U.S. power often
find themselves depicted as impediments to human progress, as
enemies of democracy and Western civilization, perhaps even as
the reincarnation of Hitler and the Nazis. According to standard
U.S. propaganda, Noriega, Milosevic, and Hussein were all
modern-day Hitlers who had to be stopped by (American) military
force. Drawing on powerful myths of the 1940s "good war,"
the political and media establishment tends to portray domestic
opponents of U.S. power as unpatriotic "appeasers," supporters
of tyranny and/or terrorism. As in the case of the Japanese attack
on Pearl Harbor, typical U.S. reactions to challenge are those of
an innocent, wounded giant. Questions regarding the efficacy
(much less morality) of U.S. military action under any conditions
are dismissed as signs of weakness and cowardice, associated with
liberals, feminists, and left-wing intellectuals who, if they had their
way, would yield to every enemy of Washington. Atrocities and of
course blunders do occur here and there, but American personnel
and troops are dedicated patriots just doing their job, for better or
worse, on the front lines of U.S. global interests. As during World
War II, moreover, God is often recruited on the side of American
power, endowing an imperial agenda with moral certitude. As
Bush stated more than once in the lead up to the Iraq war, God
had instructed the President to strike at the enemy with a mighty
fist: even if illegal, the invasion and occupation would be entirely
legitimate, affirming God's will in the epic struggle against Satanic
Muslim terrorists. 41 Such embellishment of religious ideology was
in fact always a linchpin of U.S. exceptionalism and colonialism.
Today more than ever, the corporate media perpetuates every myth

CRIMES AGAINST PEACE 47

and deceit that contributes to a normalizing of U.S. outlawry within
an elaborate political framework of imperial hegemony.

As for the Nuremberg principles, the hopes for binding
international law and peaceful relations among nations that emerged
from the rubble of World War II have been turned into nightmares.
The late Walter Rockier, an American lawyer who prosecuted Nazis
at Nuremberg, recently commented that the trials "had important
symbolic value ... but no substantive impact." Criticizing the U.S./
NATO military aggression against Yugoslavia, he said: "Wars and
savagery have not been deterred, and I see no prospect that they will
be deterred or punished in the near future." Military powers can
always find reasons to violate international law, Rockier observed,
adding "the rationale that we are simply enforcing international
morality, even if it were true, would not excuse the military
aggression and widespread killing." 42

2

Warfare Against Civilians

Contrary to both official and popular mythology, civilian
populations and related targets have always been the main victims
of U.S. military ventures abroad and, more often than not, such
victims were the result of deliberate military planning. If not always
consciously intended, civilian casualties were nonetheless often a
calculated element of armed-forces operations. Tariq Ali does not
exaggerate when he writes that "the massacre of civilian populations
was always an integral part of U.S. war strategy." 1 Nor does Edward
Herman overstate the case when he observes that "U.S. military
policy has long been based on strategies and tactics that involve
a heavy civilian toll." 2 Yet one of the enduring residues of U.S.
exceptionalism is the common belief that war crimes — including
atrocities against civilians — are alien to the American tradition
and character, owing to the presumably benevolent, democratic
aims of U.S. foreign policy. War crimes are something committed
by others — Nazis, Communists, terrorists, rogue tyrants, and the
like. Common sense dictates that civilized democratic nations do
not behave in such a fashion. Where U.S. savagery does come to
light, as at My Lai in Vietnam and Abu Ghraib in Iraq, it is framed
as the work of a few isolated thugs who will be punished by a
system that holds them accountable. The idea that American leaders
might be responsible for recurrent acts of mass murder is considered
beyond the range of acceptable discourse. Given the lengthy and
horrific record of U.S. war crimes, however, one must conclude
that persistent collective denial remains an epidemic feature of the
political culture.

We know that the history of European military assaults on
Native peoples spans at least four centuries — what Ward Churchill
refers to as a "vicious drive toward extermination" that has killed
millions, a large percentage of which were defenseless civilians.
Upon its founding the U.S. moved in the direction of exterminism
at a time when its political and military leaders were proclaiming
a civilized, enlightened agenda. Fueled by colonial expansion
mixed with racist contempt for local populations, white massacres

WARFARE AGAINST CIVILIANS 49

of Indian tribes were often systematic and planned, involving
destruction of land and culture — war crimes by any reckoning,
although such criminality was not yet internationally recognized or
codified. 3 The later trajectory of American militarism was in great
measure inherited from the Indian campaigns, given ideological
articulation through such concepts as Manifest Destiny and the
Monroe Doctrine. It was a tradition that, to varying degrees, gave
permission for attacks on civilian targets. 4 As Caleb Carr writes, the
U.S. was historically adept at constructing an "evangelical military"
contemptuous of other nations and cultures that, once demonized,
were ripe for targeting and possible destruction. 5 For more than a
century the U.S. pursued imperial agendas by various means: wars of
attrition, carpet bombing, free-fire zones, civilian relocations, local
massacres, support for death squads, economic sanctions, attacks
on public infrastructures, use of weapons of mass destruction. U.S.
government and military leaders have consistently placed themselves
beyond the reach of international laws and conventions, immune
to established rules of engagement.

WORLD WAR II AND ITS LEGACY

Military assaults on civilian targets have been considered a breach
of international law for more than a century. Such prohibitions are
now a cornerstone of modern legality, regulating the behavior of
all parties to armed conflict. By World War I the major powers had
subscribed to certain rules of engagement, already outlined in The
Hague Conventions of 1899 and 1907. It was generally agreed,
for example, that warfare should be limited to actual combatants,
with civilian populations immune from attack — although such
norms, for the most part, were honored only abstractly. The Fourth
Hague Convention in 1907, for example, stated (in Article 25) that
"bombardment, by whatever means, of towns, villages, dwellings,
or buildings which are undefended, is prohibited"; ("by whatever
means" was meant to include aerial warfare, then only in its infancy.)
The 1945 Charter of the International Military Tribunal defined
war crimes as "violations of the laws or customs of war" that
included wanton destruction and forms of armed assault that could
not be defended as military necessity. At the Nuremberg tribunal,
German leaders were charged with "the devastation of towns, not
justified by military necessity, in violation of the laws of war." These
violations were interpreted as wanton destruction of civilian targets
but were never pursued since Allied leaders feared calling

50 THE CRIMES OF EMPIRE

to their own (often more egregious) crimes that included far greater
saturation bombing campaigns in Germany and Japan.

The World War II experience led to four Geneva Conventions
in 1949 that arrived at international statutes to protect civilian
populations in times of war, breaches of which were defined as
war crimes. Expressly forbidden were willful killing, inhumane
treatment, torture, extensive destruction not justified by military
necessity or wantonly conducted, and mistreatment of prisoners of
war. Both the U.S. and Britain fought hard, against efforts of the Red
Cross, others groups, and many other nations, to eliminate or water
down these Geneva protections, with limited success. Above all, they
hoped to preserve maximum freedom to plan aerial bombardments,
including atomic weapons, since this would become a fixture of
military strategy. Additional Geneva Protocol One (1977) expanded
earlier provisions to include a wider range of civilian objects. Thus
Article 48 (Basic Rule) states that "Parties to the conflict shall at all
times distinguish between the civilian population and combatants
and between civilian objects and military objects and accordingly
shall direct their operations only against military objectives," while
Chapter II (Article 50) adds that "the presence within the civilian
population of individuals who do not come within the definition of
civilians does not deprive the population of its civilian character."
Article 50 further states that armed attacks are illegal "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." Article 54 prohibits attacks on
objects indispensable to civilian populations, including foodstuffs,
agriculture, livestock, water supplies, and irrigation works. Chapter
IV (Article 57) concludes by stipulating that, "In the conduct of
military operations, constant care shall be taken to spare the civilian
population, civilians, and civilian objects." The U.S. is not a party
to the Additional Protocols, but the statutes are binding on all states
as an element of customary international law. 6

During the twentieth century the international moral Zeitgeist,
discussed in the introduction, has evolved to the point where
perpetrators of war crimes and crimes against humanity could
be tried before a tribunal. Moreover, beginning with Nuremberg
and the U.N. Charter, the system of international law pertaining
to war crimes had undergone progressive clarification, although
bringing violators to justice would prove extremely difficult. When
it comes to warfare against civilians, Nuremberg established the

WARFARE AGAINST CIVILIANS 51

principle that no one, whatever their role in the decision-making
hierarchy, is immune from prosecution — and no individual can
avoid being charged on grounds of following superior orders. These
precedents are now codified features of international law, imparting
to rules of military engagement strong elements of continuity.
The Nuremberg Charter defined four separate crimes: conspiracy
to carry out aggressive war, the actual launching of aggression,
killing, destroying, and plundering during a war not justified by
military necessity, and crimes against humanity related to atrocities
against civilians. While the Nazis were convicted mainly on the
first two counts, the focus in this chapter is specifically on military
attacks against civilian targets — violations that, in the language
of Nuremberg and subsequent international statutes, extend to
behavior under the heading "crimes against humanity." References
to "ethnic cleansing" and "genocide," while often glibly applied
to the actions of designated enemies, do not enter the picture here.

More recently, the 1998 statutes of the International Criminal
Court (Article 8) define "serious violations of the laws and customs
applicable in international armed conflict, within the established
framework of international law," to include such behavior as
"intentionally directing attacks against civilian populations" or
"civilian objects, that is, objects which are not military objectives."
The statutes add prohibitions against "launching an attack with
the knowledge that such attack will cause incidental loss of life
or injury to civilians or damage to civilian objects or widespread
long-term and severe damage to the natural environment," as well
as "attacking or bombarding, by whatever means, towns, villages,
dwellings, or buildings which are undefended and which are not
military objectives." The ICC further identifies as a war crime
"employing poison or poisoned weapons" or devices "which are
of a nature to cause superfluous injury or unnecessary suffering or
which are inherently indiscriminate." 7

Despite profound changes in the international moral Zeitgeist
over the past several decades, however, sustained efforts to prosecute
violators — that is, those responsible for planning and/or conducting
warfare against civilians — have met severe limits and obstacles. The
biggest problem has been refusal of the most powerful nations (above
all the U.S.) to participate in or abide by rules and conventions
having universal validity. In fact, international law, though vaguely
formulated in many areas, was set up mainly for the benefit of the
powerful. Later, its functioning tribunals (including Nuremberg
and Tokyo) served largely as mechanisms of victors' justice, where

52 THE CRIMES OF EMPIRE

everything was defined and arranged by the military winners. Global
statutes themselves, moreover, are easily subverted where there is
ambiguity and flexibility — reflected in the difficulty of separating
military from civilian targets in the turbulence of armed conflict that,
nowadays, blurs such distinctions in the context of guerrilla warfare
and local insurgency. Questions regarding "military necessity" and
"proportionality" of human costs relative to military ends become
slippery in their concrete legal applications. Military units often
justify assaults on civilian populations as a matter of strategic
priorities: weakening enemy morale, impeding the workforce and
industrial production, and undermining public infrastructures
typically needed for both civilian and military activity. (While
revenge can obviously be a factor here, perpetrators rarely admit this
kind of motivation. ) The very logic of counterinsurgency tactics —
and in different ways, the "war on terror" — assumes that civilian
casualties, clinically referred to as "collateral damage," will often
be unavoidable, the inevitable by-product of violent warfare. What
is legally or morally defensible under battlefield conditions can,
admittedly, be difficult to establish with any degree of certainty. In
most cases, however, claims of tolerable "collateral damage" are
nothing more than flimsy justifications for going beyond commonly
understood rules of warfare, while in other instances the death and
destruction brought to civilians is so wanton and excessive as to
render such arguments moot.

"COLLATERAL DAMAGE" OR MASS MURDER?

During the half-century since the end of World War II the U.S. has
been easily the leading purveyor of violence on a global scale — the
dark side of a political culture that champions freedom, democracy,
and peace. No country qualifies as even a close second on this
measure of barbarism. A rather conservative accounting of civilians
killed by the U.S. military since 1945 would number in the vicinity
of eight million, with higher estimates reaching double that figure.
Add to this carnage the number of wounded, maimed, displaced,
and imprisoned — more tens of millions, although no accurate figure
is possible — then a more comprehensive picture of postwar U.S.
militarism and its victims comes into focus. This picture reflects
decades of U.S. warfare conducted against civilian populations and
related targets, from Japan to Vietnam, from Korea to Afghanistan,
from Laos to Iraq. It is an accounting, moreover, that should also
include the massive (often permanent) environmental damage that

WARFARE AGAINST CIVILIANS 53

U.S. armed forces have left in their wake, as well as proxy warfare
or secondary acts of violence financed and supported by the U.S.
since the eighteenth century. Sadly, U.S. leaders have never faced
moral, legal, or political accountability, either domestically or inter-
nationally, for wanton attacks on civilians fitting a long-established
pattern of imperialism and militarism.

The rules of warfare have, with rare exceptions, never applied
to U.S. global behavior. Had such rules ever come into play
historically — as seemed to be the case during World War I, when
civilians were spared the brunt of military carnage — they were
mercilessly transcended by the final year of World War II, when large
urban areas inhabited by millions of civilians became deliberate
targets of military action. In the Pacific, this was scarcely limited
to aerial terrorism (to be addressed later) but included ground and
naval combat that appeared devoid of moral restraints on both
sides. For its part, as John Dower explores in great detail, the
U.S. carried out military operations with unbelievable savagery:
prisoners were regularly tortured and shot, soldiers and civilians
were massacred by the hundreds and even thousands, prisoners were
buried alive in mass graves, survivors of sunken ships were strafed
and killed at sea, towns and cities were annihilated with disregard
for human life. Savagery of this kind was hardly isolated, nor was it
always incidental to larger military strategies, much less the result of
"collateral damage." It fitted an established pattern, accepted within
the logic of the Pacific Theater operations. Thus high-ranking army
officers were heard to say, for example, that "the 41st [unit] didn't
take prisoners" — a sentiment that was frighteningly ordinary in the
protracted conflict between the U.S. and Japan. 8

The legacy of World War II, far from being the morally righteous
"good war" handed down by U.S. propaganda, is one of militarism,
racism, and imperialism on all sides, drenched in unlimited violence,
including violence against innocent civilians. As Dower points out,
for Americans "the Japanese were more hated than the Germans
before as well as after Pearl Harbor ... They were perceived as a race
apart — and an overwhelmingly monolithic one, at that." He adds:

The racist code words and imagery were often exceedingly
graphic and contemptuous. The Western allies, for example,
consistently emphasized the "subhuman" nature of the Japanese,
routinely turning to images of apes and vermin to convey this ...
Cartoonists, songwriters, filmmakers, war correspondents, and
the mass media in general all seized on these images — and so did

54 THE CRIMES OF EMPIRE

the social scientists and Asia experts who ventured to analyze the
Japanese "national character" during the war. 9

It follows that "such dehumanization ... merely facilitated the
decision to make civilian populations the targets of concentrated
attack, whether by conventional or nuclear weapons." 10 The Pacific
War turned into one of the most barbaric conflicts in human history.
The Korean War of 1950-53, relatively hidden from history, took
an even more horrendous toll of human life: aside from the torrent of
bombs dropped by U.S. planes and massive offshore shelling by U.S.
ships, American ground forces conducted themselves with extreme
disregard for the rules of warfare in what became another ruthless
war of attrition leading to possibly four million Korean deaths,
mostly civilian. Referring to the entire Korean debacle, Stephen
Endicott and Edward Hagerman write of a total war beginning
in autumn 1950, when General Douglas MacArthur ordered his
troops to destroy everything in their wake — factories, installations,
means of communications, villages, cities, everything — from the
Yalu River on the Chinese border to at least the 38th parallel. The
authors observe that,

as it had been in World War II, strategic bombing was extended
to the mass destruction of civilian populations; and, as in World
War II, the reservations that the United States had about the
saturation bombing of Europeans in that earlier war were not
extended to the Asians ... American military culture accepted the
World War II standpoint that the mass destruction of civilians
was a legitimate military target in an expanded war of attrition. 11

Adamantly refusing any political settlement, MacArthur opted for a
scorched-earth policy as his troops retreated and, with the frustrations
of stalemate mounting, both he and President Truman considered
using atomic weapons in Korea. General Matthew Ridgeway, Eighth
Army commander, framed the conflict as an epic defense of God and
Western civilization against godless Communist hordes. Driven by
such fanaticism, the U.S. was prepared to extend the war to civilian
populations and economic resources crucial to their survival. Thus
eleven hydroelectric plants and other water resources were bombed
in June 1952, and in August 1952 Pyongyang was destroyed as
part of an assault, burning, and bombing campaign that was later
extended to 78 other North Korean cities and towns. The U.S.
decision to target civilians, to wage merciless war in disregard

WARFARE AGAINST CIVILIANS 55

of international law and rules of engagement, was planned and
systematic, going to the top of the power structure. The Chiefs of
Staff in Washington directed U.S. military forces to wage war with
contempt for all precedents. 12 Flagrant war crimes were committed
by government and military leaders, as well as military personnel
in the field, but no one was ever charged (much less convicted) in
the aftermath of these crimes.

U.S. military policy and conduct in Indochina was even more
brutal, involving another war of attrition this time spanning more
than a decade (1961 to 1974) rather than three years, as in Korea.
Horrendous death and destruction in Vietnam, Laos, and Cambodia
resulted not only from sustained aerial bombardment but from
ground warfare of varied types: strategic hamlets where civilians
were thrown into enclosed compounds, free-fire zones, search-and-
destroy missions, defoliation with chemical agents, deployment of
hundreds of thousands of soldiers prepared to kill anything that
moved. The war displaced more than ten million people, with
hundreds of thousands relocated to hamlets serving as glorified
concentration camps. By the end of this warfare the U.S. had
destroyed 9000 out of 15,000 hamlets, 25 million acres of farmland,
12 million acres of forest, and 1.5 million farm animals. Towns and
villages were bombed, torched, and bulldozed, their inhabitants
often rounded up and slaughtered. Nearly one million orphans were
left, along with 181,000 disabled persons and one million widows.
More than 19 million gallons of toxic herbicides were dumped
in the South alone, by far the greatest use of chemical weaponry
ever. Vast regions of Vietnamese countryside were pulverized in
the name of "pacification" and "nation-building," code words for
the most ruthless counterinsurgency program ever undertaken. 13 In
his lengthy exploration of the barbaric Phoenix Program, Douglas
Valentine refers to an elaborate torture regimen that was well
known in the field but largely kept secret from the American people.
He writes that "prison conditions and interrogation practices in
Vietnam were brutal — especially those taken out of sight." He
quotes former Vietcong prisoner Tran Van Truong in his book A
Vietnam Memoir as saying that an American interrogator told him
"I have a right to beat you to death. You and all the other Vietcong
they bring in here. There aren't any laws here to protect you. In here
you are mine." Describing the locale of the Phoenix Program where
he was taken, Van Truong added that "it looked like a medieval
torture chamber. Iron hooks and ropes hung from the ceiling, as
did chains and ankle and wrist rings." 14

56 THE CRIMES OF EMPIRE

Massive long-term health, agricultural, environmental, and social
harm to a poor third-world country will continue to be felt for
decades, if not longer. Such criminal deeds, the product of carefully
planned technowar waged across three presidencies, have never been
officially acknowledged by any U.S. government official.

As in Korea, the standard modus operandi in Vietnam was to
destroy virtually any impediment to military success in the field — to
"kill 'em all," as the title of the BBC documentary on American war
crimes in Korea suggests. "Search-and-destroy" meant attacking
civilians along with combatants in the midst of guerrilla war
where insurgents commanded overwhelming popular support,
where boundaries separating fighters from noncombatants were
inescapably blurred. Not only civilians but animals and the entire
life-support system became part of the combat zone, fit targets in a
war of attrition. In this setting, when troops arrived at any village
or town they frequently began by opening fire, often supported
by helicopter gun ships, on the sensible assumption that local
populations harbored "enemy" forces (the Vietcong) involving
anyone sympathetic to the resistance. Steeped in a military culture
extending to the highest ranks, U.S. troops were rewarded according
to the well-known calculus of "body count" — a "count" never
limited to identifiable combatants, nor in reality could it have been.
As one GI put it: "We're here to kill gooks, period." A common U.S.
troop refrain in Vietnam went: "Bomb the schools and churches.
Bomb the rice fields too. Show the children what napalm can
do." 15 Still another refrain: "Kill one, they call you a murderer.
Kill thousands, and they call you a conqueror. Kill them all, and
they won't do anything." 16 One common viewpoint in combat areas
was, if it's dead it must be VC (Vietcong). Pressures to record high
body counts, to destroy everything that moved, automatically gutted
any rules of engagement: whatever was stipulated in international
law or the Uniform Code of Military Justice (UCMJ) became moot
in the frenzied movement of battle. Units that routinely engaged in
murder, rape, torture, and other atrocities did everything possible
to ensure that no soldier would press charges, and of course few
did, and even those who did were usually ignored or stonewalled at
the higher levels. Under these conditions, moreover, prisoners were
rarely taken, and those who were usually ended up tortured and/or
executed. All such criminality was facilitated by a military culture in
which the Vietnamese — like the Japanese and Koreans earlier — were
viewed as subhuman savages, in a reprise of the Indian crusades.
At the Dellums Committee hearings in April 1971 several v

WARFARE AGAINST CIVILIANS 57

testified as to how military training itself prepared them for brutal,
unrestrained killing in the field, for dehumanizing the enemy to the
point that killing without mercy became possible, even celebrated,
by armed-forces personnel at all levels.

As in Korea, U.S. forces pursued a relentless, total war — a war
that spread from Vietnam to Laos and Cambodia — in a futile
effort to quell a popular, intensely dedicated nationalist insurgency.
"Victory" was impossible short of a full-scale nuclear assault
that would have reduced the entire country to rubble. As it was,
American firepower was nothing short of genocidal, dwarfing the
combined bombardments of World War II and leading to the loss
of at least three million lives (again mostly civilians). As William
Gibson writes, U.S. war managers adopted a "production model
of war" in Indochina, a commitment to technowar that, pushed to
extremes, was bound to produce systematic destruction of the land
and its people. 17 This lies at the very heart of the U.S. criminal legacy
in Vietnam, insofar as crimes were on the whole routine, the product
of imperial hubris, although no government officials or military
personnel were ever charged — with the famous exception of Lt.
William Calley for his role in the My Lai massacre of March 1968,
when nearly 500 villagers were shot to death in cold blood. The
problem (as we shall see) was that My Lai was no deviation from
the norm; massacres of the sort were common but were either never
reported or were simply covered up by the military. As the Bertrand
Russell Tribunal reported at the time, American war crimes were
of such magnitude and implicated so many high-level political and
military officials that only a Nuremberg-style international court
could have brought genuine justice. Since the perpetrators of mass
murder and other war crimes were able to hide behind superpower
status, there would be no repeat of Nuremberg and no justice.
Indeed one of the leading war criminals of the period, President
Richard Nixon, would seemingly have the last word: "When the
President does it, that means it is not illegal" — a maxim that, in the
case of Nixon, pertained only to foreign affairs.

Compared to the Indochina carnage, the U.S. invasion of Panama
in December 1989 ended up as a relatively minor, brief episode
resulting in moderate casualties. Sudden as it was, however, the
operation (actually planned six months in advance) was intense,
high-tech, and deadly, revealing again the contempt U.S. armed
forces had for the welfare of local populations. With the ostensible
goal of arresting Panamanian leader Manuel Noriega and protecting
American lives, the invasion produced some 4000 civilian deaths and

58 THE CRIMES OF EMPIRE

50,000 homeless, according to the 1990 Independent Commission
of Inquiry. Oppositional political groups were smashed or outlawed,
with people arrested and detained for weeks, even months, with
no formal charges, and many others (both military and civilian)
winding up as "disappeared." 18 The Pentagon's strategy for rapid
victory meant using heavy firepower over a small, densely populated
territory, with predictable results. According to one eyewitness
report: "Before reaching the street, we saw a group of some 18
U.S. soldiers coming down the street. We saw them entering each
house and residents coming out followed by the soldiers and then we
saw houses one-by-one going up in smoke. The U.S. soldiers were
burning our houses." 19 Commenting on the fruits of technowar in
Panama, Chu Chu Martinez said: "The volume of U.S. firepower
and the refinement of their weapons is incredible. They did in
Panama more or less what Hitler did in Spain, using it as a practice
ground for the weapons he would use during World War II." 20 In
this case, the dress rehearsal was for the first Gulf War little more
than a year later.

As in most other instances of U.S. armed intervention, the pretext
was entirely bogus and the action itself a violation of international
law. There was no actual threat from Panama, and therefore no
possible claim of self-defense. The real motives underlying the attack
became widely known — to nullify President Bush's wimp image,
to show the need for an increased Pentagon budget as the Soviet
presence declined, to send a message to other third-world countries
thinking of stepping out of line, to reaffirm the U.S. hold over the
Panama Canal. Both the U.N. Charter and the Rio Treaty of the
Organization of American States (OAS) permitted military attacks
only as defense against foreign threat — which was obviously not
the case here. The U.S. evaded these restrictions while the OAS
repudiated Washington's flagrant intervention and its arrest of a
foreign leader (Noriega), calling for immediate withdrawal of U.S.
troops from Panama. 21 Referring also to the earlier U.S. attack on
Grenada, Philip Wheaton writes: "When we put these items from
U.S. invasions of Grenada and Panama together, they appear to
be an outline for what we have called the total war model: the
Pentagon's strategy for quick and decisive interventions against
Third World nations when the circumstances are propitious." 22
The Iraq situation, of course, would bring this "model" into much
greater relief.

It was during Desert Storm (winter 1991) that the U.S. military
first unveiled technowar in its full glory: Iraq became another

WARFARE AGAINST CIVILIANS 59

"free-fire zone" for armor, artillery, and air force, with minimal
reliance on infantry. No less than 110,000 aerial sorties were flown,
dropping some 88,000 tons of bombs in just a few weeks, on a
country virtually bereft of air defenses. The USAF pulverized the
Iraqi infrastructure while suffering few casualties of its own (until
later, when illness and death from depleted uranium and other
toxic agents used by the U.S. became visible). At the end of combat,
with nothing left in doubt, American planes bombed and strafed
retreating Iraqi troops, killing at least 20,000 on the "highway of
death" — a gruesome diversion violating The Hague and Geneva
conventions. Bombings, moreover, continued regularly after the
main warfare had come to an end. The U.S. used thousands of
artillery shells and bombs tipped with DU, ensuring that radioactive
substances would remain in the water, soil, and food chain for
decades. 23 In all, Desert Storm brought (by conservative estimates)
200,000 deaths to Iraq from direct military engagement, an
estimated half of which were civilians.

Desert Storm was followed by more than a decade of harsh
economic sanctions against Iraq, enforced mainly by the U.S. and
Britain under U.N. auspices and giving rise to as many as one million
civilian deaths. Sanctions were based on the hypocritical insistence
that Iraq (alone) dispose of its weapons of mass destruction —
with no proof, moreover, that it ever possessed a nuclear agenda.
The embargo cruelly and deliberately blocked imports of medical
supplies, water-treatment technology, even certain foodstuffs
that, under an excessively broad definition of "dual use," might
be considered valuable to the Iraqi military. Sanctions policies
have been employed regularly by the U.S., which started using
this economic weapon in the 1950s. As always, the main victims
in Iraq were civilians, a large percentage of them children. The
1977 Additional Protocols to Geneva prohibit measures depriving
the civilian population of goods indispensable to its survival,
with Article 1 8 even mandating relief operations to aid a civilian
population suffering "undue hardships owing to lack of support
essential for its survival, such as foodstuffs and medical supplies" as
a result of military destruction. The U.S. at one point had obstructed
every humanitarian effort, initiated by NGOs as well as members of
the U.N. Security Council, to lift sanctions against Iraq. Writing in
Harpers, Joy Gordon characterized the sanctions as a "legitimized
act of mass slaughter," adding: "Epidemic suffering is needlessly
visited on Iraqis via U.S. fiat inside the UN. Security Council. With
that body, the U.S. consistently thwarted Iraq from satisfying its

60 THE CRIMES OF EMPIRE

most basic humanitarian needs, using sanctions as nothing less than
a deadly weapon." 24 More than a "deadly weapon" — in reality a
weapon of mass destruction that, ironically, was supposedly used
to get rid of the very WMD that never existed.

The U.S. invasion and occupation of Iraq constitutes one of the
most extensive periods of war crimes in modern history, with still
no end in sight (as of spring 2009). The initial "shock-and-awe"
campaign offers a perfect case study in wanton violence against
civilians, with indiscriminate death and destruction brought to
densely populated urban centers. The campaign, modeled on
the Nazi Blitzkrieg approach, converges with the larger carnage,
following years of military action, occupation, and bloodbath of
civil-war proportions that by late 2006 had cost an average of
3000 Iraqi lives monthly. The public infrastructure, including water
supplies, health care, communications, electricity, and other basic
services, was reduced to a shambles, a crisis exacerbated by a jobless
rate of more than 50 percent. The society was riveted by violence
and social dislocation, creating more than three million refugees
scattered across bordering nations. 25 From Desert Storm through
twelve years of sanctions, bombings, and covert operations paving
the way toward more war and occupation, Iraq was overwhelmed
by a cycle of death and destruction — a terrible criminal record
by any accounting. In October 2006 a team of U.S. and Iraqi
epidemiologists reported an estimated 655,000 people had died
in Iraq following the March 2003 invasion — a report overseen by
the Johns Hopkins School of Public Health and published in the
journal Lancet. 26 As Nuremberg affirmed in 1946, those guilty
of crimes against peace must be held responsible for everything
that follows, in this case the ensuing atrocities, combat debacles,
collapse of infrastructure, social breakdown, civil strife, torture of
detainees, everything.

As in Vietnam, where U.S. soldiers were exhorted by commanding
officers to elevate "body counts" as indicators of combat success,
in Iraq such orders (usually carefully finessed) typically came from
the upper ranks. For example, testimony in late 2006 was given
to the effect that Colonel Michael Steele, commander of the 101st
Airborne Division's Third Brigade and veteran of the 1993 Somalia
campaign, issued orders to "kill all military-aged males" and handed
out knives to his soldiers as a reward for kills. 27 Steele's attitude
was understood to be rather common in the field. U.S. military
culture in Iraq embraced a frenzied anti-Arab hatred that could,
and did, lead to episodes of sadistic, random violence. As in Korea

WARFARE AGAINST CIVILIANS 61

and Vietnam, rules of engagement seem to have little meaning in an
environment where virtually all civilians (and not just military-aged
males) are invariably treated as sinister demons — as terrorists now,
Communists then.

The worst U.S. criminal behavior, however, involved military
operations in urban centers, beginning with the famous "shock-and-
awe" bombardments in March 2003 that kicked off the invasion.
Such attacks on civilian targets (even where combatants might be
located) are prohibited by the 1977 Geneva Convention (Articles
51, 52, and 57), referring to the destruction of public centers of life
where even incidental (much less grievous) loss of civilian life can
be expected. The targeting of dense population zones in Baghdad,
Fallujah, Ramadi, and other cities with massive firepower was
destined — and most probably intended, judging from results — to
produce heavy civilian casualties. (There is in fact a certain military
logic to such operations, as we have seen.) These tactics, relying
on often concentrated bombardment from ground and air, not
only marked the onset of invasion but were employed regularly
throughout the occupation. Aside from the standard inventory
of high-explosive bombs, missiles, and artillery shells, the U.S.
arsenal has included weaponry tipped with DU, white phosphorous,
napalm, and cluster bombs called "all-purpose air-delivered cluster
weapons systems" designed to spread thousands of shrapnel pieces
across large areas as it dismembers human bodies. The use of such
weaponry was clearly meant to inflict maximum damage across a
wide territory as the U.S. moved to crush popular rebellion. By late
2006, the consequences of prolonged occupation and civil strife had
become acute: Baghdad, with a greater population of five million,
was transformed into a shell of a city, its inhabitants victims of
repeated troop home-invasions (up to 90,000 reported each month
at the peak), strict curfews, round-ups, and other local atrocities —
hardly the foundation of a U.S. -imported democracy.

The U.S. assault on Fallujah in November 2004 left a city of
350,000 people in ruins, with hundreds of civilians dead and most
residents homeless — their food sources, water supplies, electricity,
and medical services destroyed. The military purpose was to
demolish a major center of the Iraqi resistance, with vengeance
in response to local attacks on U.S. troops an added catalyst.
Ground and aerial bombardment of the mostly defenseless civilian
population came round-the-clock for several days while Marines
cordoned off routes of escape and free-fire zones were exploited

62 THE CRIMES OF EMPIRE

to maximum effect. In less than one nightmarish week, thanks
to the power of technowar, a medium-sized city was turned into
ruins comparable to Dresden or Stalingrad, as the U.S. military
pulled out all stops to quell the insurgency. Desolate streets were
filled with traumatized people, many of them children, seeking
food, water, shelter, and medical services. Viewing the carnage, one
Marine was quoted as saying: "It's kind of too bad we destroyed
everything, but at least we gave them a chance for a new start."
Others commented that Fallujah got just what it deserved for
"harboring terrorists." 28 The real terrorism, of course, must be
laid at the doorstep of U.S. militarism, its planners located at the
Pentagon and White House.

The violence unleashed on Fallujah was indiscriminate, with few
limits or restraints. Hundreds of homes were destroyed or badly
damaged. Hospitals and other public structures were attacked, most
of them destroyed. Cluster bombs were dropped by the thousands,
along with containers of white phosphorous, both used as anti-
personnel weapons. According to one observer, U.S. forces "shot all
the sheep. Any animals people owned were shot. Helicopters shot
all the animals and anything that moved in the villages surrounding
Fallujah." Another resident said: "The rubble from the bombed
houses covered up the bodies, and nobody could get to them because
people were too afraid even to drive a bulldozer. Even walking out of
your home was just about impossible." 29 To an extent greater than
in Desert Storm, in Fallujah the U.S. planned assaults on facilities
essential to civilian life and material production, which became a
sort of microcosm of U.S. military behavior across Iraq.

The U.S. record of warfare against civilians spans many decades
and geographical settings, in a context of extended military
deployments around the globe. It is a record of endless repetition, an
established pattern with civilian casualties simply part of the general
calculus. The consequences of armed attacks are usually predictable
and thus far out of proportion to any military end claimed as a
legitimate outcome. Further, where the aims of military force can
be shown to be in the service of imperial agendas, it follows that
no civilian casualties are defensible within any reasonable ethical
framework. (Nor, for that matter, are military casualties justifiable
in such a case.) In cases where warfare is clearly defensible, as with
U.S. entry into World War II, the usual criteria of proportionality
still apply, as with the saturation and atomic bombing of Japanese
cities at a time when the outcome of war had been decided. In any
event, the extensive U.S. record of attacks on civilian targets reveals

WARFARE AGAINST CIVILIANS 63

the bankruptcy of framing casualties as a strict function of combat
miscalculations, tactical mistakes, and "collateral damage."

Despite the advertised benefits of "precision" high-tech warfare,
the civilian toll resulting from U.S. military actions has been
outrageously high throughout the postwar years — and indeed
in much of the preceding century. Similarly, public callousness
regarding foreign casualties seems to have declined little, if at all,
over time, scarcely surprising for a militarized culture that has
deepened across the past few decades. 30 The human lives of others —
especially those with dark skins — continues to be devalued, written
off as an inevitable cost of war. The global reach of U.S. military
power is increasingly equated with a pervasive ethos of imperial
arrogance, the logical expression of national exceptionalism and
Manifest Destiny. As Phyllis Bennis observes: "This American-style
law of empire [has] exuded extraordinary arrogance, the arrogance
of absolute power unchallenged by any other global force." 31 This
outlook became an accepted faith within post-Cold War neocon
ideology that entered mainstream foreign policy-making, especially
after 9/11. This has meant a valorization of warrior politics, merging
with what Barbara Ehrenreich calls the "sacralization of war" — a
"burst of nationalist religiosity" in which foreign populations are
faceless, dehumanized, and demonized, nowhere more so than in
the jingoistic mass media. 32

Military training in the U.S. feeds on this ethos, generating a
conversion process that Richard Rhodes calls a "brutalization
ethos," marked by an easy willingness to kill, especially where
the killing is depersonalized (as in the case of technowar). The
act of killing, evident from many personal accounts in Vietnam,
can bring pleasure and even excitement much as in the violent
spectacles of ancient Rome. 33 In the boot camp the military is
charged with preparing recruits for the transcendence of moral
and social constraints; the actual consequences of the battlefield
experience become normalized, acceptable. This is why instances
of U.S. war crimes have been so widely ignored, denied, suppressed,
and, where necessary, covered up. Even as Washington regularly
denounces others for war crimes and human rights abuses, its own
legacy encounters silence among religious leaders, government
officials, intellectuals, and the popular media — a silence made
all the easier when criminal behavior is perpetrated behind such
enlightened claims regarding "democracy," "human rights," and
"social progress."

64 THE CRIMES OF EMPIRE

AERIAL TERRORISM: FROM TOKYO TO BAGHDAD

Since the final months of World War II, the U.S. military has dropped
tens of millions of tons of bombs on several mostly defenseless
countries, with human casualties (the vast majority civilian)
reaching well into the millions. Since the 1920s, war managers
have placed increasing faith in the efficacy of aerial warfare: at
that time planes were envisioned as awesome destructive machines
capable of bringing military efficiency and order to the chaos and
unpredictability of ground and naval operations. Bombing from
high altitudes was a nascent form of technowar. By 1944 and 1945
this faith assumed new dimensions as first Britain and then the U.S.
embraced plans for "strategic" or area bombing in Germany and
Japan, ostensibly to end the war more quickly but in reality mostly
for purposes of revenge, weapons testing, and sending political
messages. With incendiary assaults on German cities (Hamburg,
Berlin, and Dresden the most noteworthy) by the Royal Air Force,
U.S. General Curtis LeMay saw a new model of aerial warfare
with vast possibilities for striking the Japanese, with the idea of
burning cities to the ground while minimizing American casualties.
For U.S. military planners the likelihood of widespread violence
and destruction seemed to open up exciting new opportunities
for warfare. As Sven Lindqvist writes in A History of Bombing:
"People between the wars had been afraid to be bombed back
to barbarism — to filth, starvation, and the rats. But during the
postwar period, especially for American men, barbarism began
to look promising. The threat of destruction opened the door for
male fantasies with roots in the old dreams of the wild west." 34
The strategy of technowar by means of aerial warfare remains a
cornerstone of U.S. military power to the present day.

One problem with aerial bombardment is that it inescapably
obliterates any distinction between combatants and noncombatants,
between military and civilian targets — all the more so for strategic
bombing which, by definition, rains death and destruction more
or less indiscriminately across wide parcels of territory, often in
urban centers. Boasts of "precision bombing" have always been
greatly exaggerated, especially when "targets" themselves are hard
to identify (as in guerrilla warfare) or when bombs or missiles
explode across ever-widening zones. Article 25 of the Fourth Hague
Convention in 1907 states that "bombardment, by whatever means,
of towns, villages, dwellings, or buildings which are undefended,
is prohibited" — still a valid principle of international law. 35 Efforts

WARFARE AGAINST CIVILIANS 65

to deepen and further codify these statutes have been, predictably,
fiercely resisted by the U.S. and Britain, nations that refused
to prosecute the Germans and Japanese after World War II for
bombing civilian populations, knowing they were even more guilty
of the same crimes. Such rejectionism continued into the Geneva
Convention proceedings of 1948, the U.S. being especially opposed
to any restraints on its capacity to wage aerial combat (including
the use of nuclear weapons). The two countries worked diligently
to block any reference to aerial "war crimes" from the statutes.
As Lindqvist notes: "The victorious powers could hardly forbid
bombing of civilians without incriminating themselves for what
they had already done and planned to continue doing." 36 Finally,
in 1977 Protocol One of the Geneva Convention was signed by 124
nations, despite continued U.S. resistance to any laws guaranteeing
protection to civilians. The basic rule states: "In order to ensure
respect for and protection of the civilians population and civilian
objects, the parties to the conflict shall at all times distinguish
between the civilian population and combatants and between
civilian objects and military objectives and accordingly shall direct
their operations only against military objectives." Article 52 further
states that "attacks shall be limited strictly to military objectives."
Article 54, as mentioned earlier, contains additional references —
for example: "It is prohibited to attack, destroy, remove, or
render useless objects indispensable to the survival of the civilian
population, such as foodstuff, agricultural areas ... crops, livestock,
drinking water installations and supplies and irrigation works."
Article 57 warns those planning military attacks to "refrain from
deciding to launch any attack which may be expected to cause
incidental loss of civilian life, injury to civilians, damage to civilian
objects, or a combination thereof." 37

If strictly adhered to, such provisions would rule out aerial
warfare directed against populated areas or civilian infrastruc-
tures — the very methodology often favored by the Pentagon since
1945, and precisely why military planners vehemently objected to
those provisions. In July 1945 American planes, with the Pacific War
virtually ended, raided 66 mostly defenseless Japanese cities with no
serious military purpose in mind, burning most of them to ashes and
killing up to 500,000 civilians. On March 9-10, 1945, hundreds of
U.S. planes attacked Tokyo with incendiary bombs, killing at least
100,000 people and making another one million homeless — again,
without real military significance. As is well known, on August 6
and 9, 1945, the U.S. dropped atomic bombs on Hiroshima and

66 THE CRIMES OF EMPIRE

Nagasaki, unprotected urban centers with little military import,
killing a total of at least 200,000 civilians. General Curtis LeMay
and his aides celebrated these raids with enthusiastic testimonials
to the awesome power of aerial warfare. General MacArthur's aide,
General Bonner Fuller, on the other hand, described the raids as
"one of the most ruthless and barbaric killings of noncombatants
in all history." 38 From 1946 to 1948 the International Military
Tribunal for the Far East tried Japanese government and military
elites for war crimes, but in the actual course of events the U.S. was
the far more serious offender. Of course, since the U.S. emerged
victorious none of its officials were ever brought to justice, nor was
the very discourse of U.S. war crimes ever broached (except by the
Japanese themselves).

As A. C. Grayling writes in Among the Dead Cities (2006),
the most extensive ethical and political treatment of these issues,
"the area-bombing campaigns of the Second World War were as a
whole morally criminal." 39 As he puts it, bombing civilians from
the distance and anonymity of 20,000 feet is really no different
from shooting innocent, defenseless people with guns at point-blank
range. Whatever the specific rules governing aerial warfare — and
they are deliberately ambiguous — there can be no denying that
wanton attacks on civilian targets, no matter how conducted,
violate established rules of proportionality; they cannot be morally
or legally defended. Grayling concludes his exhaustive work by
asking "Was area bombing necessary? No. Was it proportional?
No. Was it against humanitarian principles that people have been
striving to enunciate as a way of controlling and limiting war? Yes.
Was it against general moral standards of the kind recognized and
agreed in Western civilization in the last five centuries, or even 2000
years? Yes. ... Very wrong? Yes." 40 There is a further question as to
whether such bombardments were even dive much less

necessary. The February 1945 saturation bombing of Dresden, a city
of little strategic value, provides an illuminating case in point. The
writer Kurt Vonnegut, whose novel Slaughterhouse Five was based
on the horrors he experienced in Dresden at the time, commented:

The firebombing of Dresden was an emotional event without a
trace of military importance. I will say again what I have often
said in print and in speeches, that not one Allied solider was
able to advance as much as one inch because of the firebombing
of Dresden. Not one prisoner of the Nazis got out of prison a
microsecond earlier. Only one person on earth clearly benefited

WARFARE AGAINST CIVILIANS 67

and I am that person. I got about five dollars for each corpse
[estimated to be as many as 260,000]. 41

In any event, if we can say that all nations, victors and losers and
bystanders alike, adhere to principles of universality, then they have
an obligation to face up to their own crimes — something U.S. leaders
have never done.

In 2003, the Smithsonian National Air and Space Museum
in Washington, DC, opened a new annex with its centerpiece a
display of the Boeing B-29 superfortress Enola Gay, which dropped
the first atomic bomb on Hiroshima. The museum provided an
abundance of technical details regarding the plane but nothing
about its bombing mission or the unspeakable consequences of that
criminal mission. Such lack of information, of course, could hardly
amount to an oversight. The museum director, retired General John
Dailey, said at the opening that the public has no special need for
such details: "We are displaying it in all its glory as a magnificent
technological achievement ... Our primary focus is that it was the
most advanced aircraft in the world at the time." 42 That the Enola
Gay was responsible for the deaths of over 100,000 people, nearly
all of them innocent civilians — surely one of the most egregious
war crimes ever — struck Dailey as an irrelevant or trivial fact,
but any rational judgment would have depicted the aircraft as a
conduit of indefensible aerial terrorism — its mission unnecessary
to end the war. Any display with even a modicum of professional
competence and ethical sensitivity would have presented such
information as a central feature of the exhibit. The remarkable
absence of any meaningful contextual facts reveals not only an
ethos of arrogant exceptionalism — the nation being so noble and
democratic that anything it does must automatically be regarded
as beyond criticism — but also the kind of war-crimes denial for
which the U.S. has so frequently scolded other nations (including
the Japanese).

The final months of World War II ushered in a new era in the
history of military combat — aerial warfare with few limits. Strategic
bombing with its inevitable destruction of civilian populations and
related targets was now (above all for the U.S.) perfectly legitimate,
indeed, was the preferred and embellished modality. If World
War II served as a testing-ground for area bombing and use of
incendiary weapons like napalm — and indeed for nuclear devices —
the Korean War offered new opportunities for refining barbarism:
aerial terrorism was pushed to new levels, even without nuclear

68 THE CRIMES OF EMPIRE

weaponry. In just three months of 1951 the USAF used B-29s to
systematically destroy every accessible North Korean city and
town, not only slaughtering hundreds of thousands of defenseless
civilians but creating vast regions of homelessness, starvation, and
disease. Absolutely no laws of warfare were honored. By the end
of the war the Korean death toll (North and South) reached nearly
four million, mostly civilians and mostly resulting from U.S. aerial
bombardments. 43 Visiting Korea in summer 1952, Supreme Court
Justice William O. Douglas said: "I had seen the war-battered cities
of Europe, but I had not seen devastation until I had seen Korea." 44
As in the case of Japan (and later Indochina), civilian populations
were deliberately targeted, the unfathomable death and destruction
celebrated by its militarily superior perpetrators. Referring to Korea
and China, Lindqvist writes: "In American eyes, the yellow and red
perils had now been united, and a half-billion people had suddenly
become America's enemies." 45

In Korea the U.S. campaign quickly developed into total war as
the Pentagon set about bombing the country into oblivion, leaving
virtually nothing untouched. As Endicott and Hagerman write,
the result was that "Korea was pulverized. It is not easy to find
words to describe the carnage. In a territory smaller than the state
of Oregon, two and half million combatants fought on the battle
lines for seemingly endless years; shells and bombs rained down in
unmerciful torrents from naval vessels along the coasts and from
aircraft overhead, setting new records for destruction." 46 As noted
above, USAF attacks were extended in June 1952 to hydroelectric
plants on the Yalu River, to population centers in North Korea,
and finally, in May 1953, to irrigation dams on rivers — actions
that by any definition were war crimes. U.S. pilots targeted their
napalm, other incendiary, and fragmentation bombs on homes,
shelters, vehicles, and horse carts, anything that moved. 47 Through
all this the U.S. made few efforts to distinguish between civilian
and military targets.

The USAF chose the North Korean capital, Pyongyang, as one
of its special targets for saturation bombing. After June 1950 the
city was visited by U.S. air attacks day and night, forcing most
of the population of nearly 500,000 to evacuate or be killed. By
December 1951, according to the Korean War-Crimes Tribunal,
64,000 homes were destroyed out of 80,000, nearly 5000 people
were killed with several thousand wounded after bombardments
hit schools, hospitals, and churches as a matter of military n
The city was left in smoldering ruins. 48

WARFARE AGAINST CIVILIANS 69

Two decades later, the U.S. had (between roughly 1965 and
1973) dropped eight million tons of bombs on Vietnam — by far
the most intensive aerial bombardments in history, the sum total
equivalent to 640 Hiroshima-sized atomic bombs. The goal was
to conduct massive counterinsurgency operations mainly through
saturation bombing by B-52s, again with little attempt to distinguish
between civilian and military objects. To a degree greater even than
in World War II and Korea, warfare would turn on technologically
planned operations designed to leave no area untouched by the
consequences of scorched-earth warfare. Vietnam marked the real
beginnings of technowar based on a strategy explicitly intended to
minimize ground combat and overall U.S. casualties, though this
modality of war would achieve fuller expression with Desert Storm
in 1991. 49 Except for nuclear weapons (considered at least once
by Washington planners), the U.S. used everything in its arsenal,
with the goal of bombing an underdeveloped country into total
submission: saturation attacks with 2000-pound bombs, napalm,
white phosphorous, cluster bombs, chemical defoliants like Agent
Orange, sophisticated missiles, fuel-air bombs, and frightening
amounts of regular ordnance. As Lindqvist writes, there were no
limits in Vietnam: "The rule book said of course that civilians were
not to be bombed. But for the military, rules were not norms to
follow but problems to solve." 50 For U.S. leaders across the entire
Indochina terrain international law had absolutely no relevance.

Waging merciless aerial terrorism against civilian targets, the
U.S. manufactured new and improved napalm designed to adhere
more closely to the skin, burn more deeply, and cause more horrific
injury. During World War II the U.S. had dropped 14,000 tons of
napalm, mainly on the Japanese. During the Korean War the total
was 32,000 tons. But in Vietnam from 1963 to 1971 the total
was about 373,000 tons of the far more debilitating napalm —
eleven times the total used in Korea. Napalm was preferred by the
military since it could destroy wide target areas while incapacitating
human beings with only peripheral hits. 51 Its intimidating value must
have been awesome. The air war in general left some ten million
bomb craters in Vietnam alone, along with the aforementioned
destruction of hamlets, towns, farmland, and farm animals, all part
of a consciously planned war of attrition.

There can be no doubt that the U.S. air war was aimed directly
at civilians: aside from the renovated napalm, new weapons were
refined specifically for that very purpose — for example, CBU-24
cluster bombs that spread thousands of fragments across wide

70 THE CRIMES OF EMPIRE

areas. Lindqvist writes: "When the B-52s carpet bombed, they often
first dropped explosive bombs in order to 'open the structures',
then napalm to burn out the contents, and finally CBU-24s to kill
the people who came running to help those who were burning.
Often time-released cluster bombs were dropped in order to kill
those who did not come before the danger was over — or so they
thought." Lindqvist reports that, after the war, the Pentagon
conceded that nearly a half-million of these bombs were "directed
only at living targets." The total was 285 million little bomblets
altogether, "or seven bombs for every man, woman, boy, and girl
in all of Indochina." 52

Massive bombing campaigns were waged against North Vietnam,
Cambodia, and Laos, especially after the Tet Offensive in early
1968. Nixon and Kissinger were dedicated to broadening the war
of attrition by means of extended carpet bombing. That meant
systematic destruction of farmlands, villages, towns, and civilian
infrastructures such as dams, dikes, irrigation systems, and water-
production facilities. According to Marilyn Young, the intensity of
the bombing in Vietnam and Laos was so great that organized life
was no longer possible in most of the villages. During peak attacks
in 1969, U.S. planes conducted overflights daily, their goal to leave
nothing standing — their purpose to annihilate the "material basis
of civilized society." In late 1969 one observer stated that, "after a
recorded history of seven hundred years, the Plain of Jars [in Laos]
disappeared." 53 Throughout 1968 and 1969 some 230,000 tons of
bombs were dropped on Laos, wiping out the livelihood of 150,000
farmers in the region. The U.N. observer George Chapelier reported
that "nothing was left standing. The villagers lived in trenches and
holes or in caves. They only farmed at night. All of the interlocutors,
without any exception, had their villages completely destroyed." 54
These rank among the most horrific war crimes in modern history. As
both material and psychological warfare, U.S. aerial bombardments
often went far beyond their stated aim of interdicting supply lines.
They were integral to a total-war strategy meant to demoralize the
enemy, wreck the infrastructure, destroy the workforce, and simply
convey a message of high-tech military supremacy.

The Indochina catastrophe was followed 15 years later by the
first Gulf War, during which the U.S. flew 11,000 sorties dropping
several million tons of bombs on Iraq, more than half of them on
densely populated urban centers such as Baghdad and Basra. Here
again we find a clearly deliberate plan to destroy the Iraqi infra-
vith the stated objective of leaving the country in a state

WARFARE AGAINST CIVILIANS 71

of pre-industrial crisis — a policy continued well after the Hussein
regime vacated Kuwait. This meant destroying targets essential to
human life: water and electrical plants, transportation, communi-
cations, agriculture, factories, various public structures. Racheting
up its dedication to technowar in 1991, the Pentagon introduced
15,000-pound "daisy-cutter" bombs (their explosive power near
that of mini-nukes), 2.5 ton superbombs, and a variety of missiles,
bombs, and artillery shells tipped with DU along with the familiar
cluster bombs. The human and ecological impact of such weapons of
wanton destruction was a prelude to more bombing raids after 1991
that continued into the second Gulf War. 55 For its military aggression
during Desert Storm the first Bush administration was charged with
war crimes by an independent Commission for Inquiry for the
International War-Crimes Tribunal. Indictment four states: "The
U.S. intentionally bombed and destroyed civilian life, commercial
and business districts, residential areas, historical sites, private
vehicles, and civilian government offices." Indictment five adds:
"The U.S. intentionally bombed indiscriminately throughout Iraq."
Volumes of evidence were brought forward in support of these and
several other charges. 56 The wanton aerial destruction carried out
by the U.S. in Iraq violated established canons of international law.
As mentioned, in spring 1999 the U.S. and a few NATO allies
conducted bombing raids over Yugoslavia that would last seven
weeks, visiting massive destruction on Belgrade and other Serb
cities, justified in Washington and a few other Western capitals
as "humanitarian intervention." As in Iraq, these attacks — never
involving ground operations — destroyed hundreds of public and
residential buildings, water and electrical works, transportation,
communications, bridges, hospitals, schools, and food production,
as well as conventional military targets, leaving the Serb infrastruc-
ture in ruins. 57 All this was carried out against a nation posing no
threat to the U.S. or any other country. It took place, moreover,
against a nation virtually devoid of an air force or air-defense
capabilities — that is, defenseless, as revealed by the fact U.S./
NATO military forces suffered no casualties during the attacks. As
in Iraq, of course, this was really no war but rather an organized,
planned, criminal massacre orchestrated from the skies. In his
lengthy account of the massacre, Michael Parenti writes in To Kill
a Nation that "such massive aggression amounts to a vastly greater
war crime than anything charged against Milosevic." 58 At the end
of the largely unrestricted bombing campaign, Belgrade officials
reported that no less than 15 towns and cities were hit, resulting

72 THE CRIMES OF EMPIRE

in large-scale casualties: 500 combat and more than 2000 civilian
deaths, 6000 wounded, and many thousands made homeless. The
use of DU-tipped ordnance and other toxic chemicals did permanent
ecological harm.

In May 1999 a team of lawyers from Canada and Europe
submitted a brief accusing U.S. and NATO officials of war crimes,
including "wanton destruction of cities, towns, and villages, of
devastation not justified by military necessity," but The Hague
Tribunal set up by NATO to try war crimes in Yugoslavia chose
instead to indict Milosevic and ignored the U.S. /NATO crimes of
aggression and their consequences for the targeted population. 59
Later, in June 2000, a panel of 16 judges from eleven countries
meeting in New York found U.S. and NATO leaders guilty of war
crimes against Yugoslavia, based on extensive research and data
collection along with testimony from eyewitnesses, historians,
biologists, military experts, journalists, and others. 60 The findings
of guilt applied to 19 charges, including "planning and executing the
dismemberment, segregation, and impoverishment of Yugoslavia";
"destroying the peace-making role of the United Nations"; the
"killing and injuring of a defenseless population"; "attacking objects
indispensable to the survival of the population"; and "waging war
on the environment." The tribunal called for "full reparations to
be paid to the Federal Republic of Yugoslavia for death, injury,
economic and environmental damage resulting from the NATO
bombing, economic sanctions, and blockades." 61 In the end, of
course, neither the U.S. political establishment nor the mass media
paid attention to such findings and recommendations.

Following the events of 9/11, President Bush launched a bombing
campaign against Al Qaeda and the Taliban regime in Afghanistan,
producing initially an estimated 3000 deaths along with more
thousands of homeless in the targeted areas. Despite the rhetoric
of "precision bombing," it was civilians who suffered most of
the casualties. After several years of intervention in Afghanistan,
reports surfaced that U.S. planes frequently attacked civilian targets:
bombers saturated large areas with devastating impact, while
AC-130 gun ships armed with howitzers, cannons, and machine
guns seemed to have carte blanche in many areas of the country. The
main targets were Al Qaeda base sites, Taliban military positions,
and bunker hideouts, yet civilian areas were commonly hit, with loss
of life estimated in 2004 (by the Red Cross) at more than 3000. On
December 29, 2001, U.S. aircraft destroyed an entire village, killing
dozens of civilians and wounding many more, after flying several

WARFARE AGAINST CIVILIANS 73

quick sorties in early morning darkness. Taliban leaders were said
to be hiding out in the village of Qalaye Niazi, but most people
hit were part of a large wedding party. According to UN. reports,
unarmed women and children were chased and killed by helicopters
as they fled to shelter or tried to rescue survivors. 62 Previous efforts
to bomb Al Qaeda were carried out by the Clinton administra-
tion in the Sudan and Afghanistan in 1998, with fewer casualties.
Insofar as such actions might be justified as defensive operations
against terrorist outposts, their status as war crimes is naturally
more ambiguous — though deliberate assaults on civilian objects
under any circumstances are clear violations of international law.
As for Iraq, the devastation visited by U.S. aerial bombardments
after Desert Storm and especially after the "shock-and-awe"
campaign of March 2003 has already been covered here. It is
worth mentioning again that while media accounts have focused
mainly on local atrocities and torture such as occurred at Abu
Ghraib — generally framed as aberrant behavior — more noteworthy
is the unfathomable carnage that high-tech American weaponry has
brought to Iraq throughout many years of war and occupation. This
larger pattern of warfare has been responsible for the vast majority
of casualties. Aerial bombardment has devastated such urban
centers as Baghdad, Fallujah, and Ramadi, much of it accompanied
by cluster bombs and incendiary devices like white phosphorous
and napalm. Under conditions of urban warfare that have existed in
Iraq the assorted U.S. bombing runs and missile firings — no matter
how much "precision guidance" is utilized — can rarely separate
military from civilian targets.

A PATTERN OF ATROCITIES

The focus so far on wanton attacks against civilians and aerial
terrorism — the cause of most casualties — calls attention to the
modus operandi preferred by the U.S. armed forces in the differing
conditions explored here. War crimes must be viewed as neither
episodic nor isolated but as tied to specific military strategies and
tactics. Turning to the local atrocities sometimes hidden from (U.S.)
public view, there is always the question of whether such episodes
are the rare, deviant outbursts of thuggish soldiers, as commonly
thought to be the case in American discourse. The Uniform Code
of Military Justice does in fact lay out rules of engagement that in
theory are followed by personnel in the field. The problem is that,
given the stress and chaos of battle — especially under conditions of

74 THE CRIMES OF EMPIRE

guerrilla warfare — such rules are easily ignored or flaunted. Several
factors are typically at work here: (1) commanding officers that
emphasize high body counts or "enemy kills"; (2) vengeance as
a human response to the loss of fellow soldiers to enemy fire; (3)
outright racism and contempt for other groups and cultures; (4) a
brutalizing psychology instilled in basic training and reproduced
within a violent military culture; (5) lessened constraints with the
breakdown of social norms and relations; (6) difficulty identifying
military from civilian targets, above all in the context of local
insurgency and guerrilla combat. An overarching factor is that where
the U.S. carries out protracted warfare, as in Korea and Vietnam,
the challenge of selecting only military targets becomes difficult if
not impossible. The historical record shows that widespread local
atrocities have occurred in every U.S. military venture, including
civilian massacres, prisoner abuse and killings, and torture, and
such violations can only be understood as part of a general pattern
of imperial behavior. In those few instances where violations have
come to light and the perpetrators tried for crimes, those held to
account have been mainly lower level armed-forces personnel.
Indeed no high-ranking military or government officials have ever
been prosecuted, though many surely could have been brought
to justice given the political willpower. Had accountability been
affirmed, attention might have been focused on the institutional and
policy context in which U.S. war crimes were committed.

In the Korean War, the strategy of "total war" deeply shaped
U.S. battlefield conduct: local atrocities were remarkably common,
especially as frustration over the stalemate mounted. The most
horrific well-known episode occurred at No Gun Ri, but many
other documented cases later came to the fore, though again few
of these became known to the American public.

The criminality of U.S. military behavior in Korea has few parallels
in the twentieth century or even before. The death toll reached
perhaps four million, with some estimates much higher — totaling
at least one-sixth of the entire Korean population. According to
some reports, the U.S. military administration, working with the
repressive Syngman Rhee dictatorship, killed roughly one million
people and jailed more than 100,000 in crackdowns against popular
opposition. 63 A postwar commission on U.S. war crimes in Korea
revealed no less than 52 instances of large-scale atrocities. 64 American
use of both chemical and biological warfare was demonstrated. The
commission reported U.S. massacres of some 35,000 civilians in
Sinchon during an occupation lasting from October to December

WARFARE AGAINST CIVILIANS 75

1950, where the entire population was designated as "reds"
deserving of whatever terrible fate awaited them. Thousands of
people were gunned down and thrown into mass graves, some
while still alive, with hundreds burned to death reportedly on the
orders of the U.S. army commander in charge. 6S At Sariwon on
December 5, 1950, nearly a thousand civilians were rounded up,
beaten, tortured, and then shot to death by U.S. troops. 66 In Anak
during an occupation lasting from October to December 1950 U.S.
troops reportedly murdered 19,000 civilians, more than 1000 of
them buried alive. 67 On December 4, 1950 in Pyongyang, where
most casualties were the result of bombing raids, U.S. army troops
summarily killed some 3000 people, mostly women and children. 68
At Haiju during the same month more than 6000 civilians (suspected
Communists) were taken into the countryside in small groups and
machine-gunned to death, while others were beheaded with sabers.
The list of such major atrocities goes on endlessly.

The most publicized U.S. massacre in Korea — the subject of a BBC
documentary — took place in late July 1950 at No Gun Ri, where the
First Cavalry Division leader ordered army units to shoot en masse
a large group of retreating civilians, all women, children, and the
elderly — all completely defenseless. Several hundred people were
gunned to death under a bridge in a massacre lasting many hours and
described by one survivor as "wholesale slaughter" and another as a
sadistic mass killing where "American soldiers played with our lives
like boys playing with flies." 69 Standing orders for the U.S. military
in the area at that time were to kill everyone, as all persons were
assumed to be "hostile" or "reds." The neighboring 25th Infantry
Division commander, General William B. Kean, reportedly told his
troops that "all civilians seen in this area are to be considered an
enemy and action taken accordingly." 70 At No Gun Ri, Captain
Melbourne Chandler told his machine-gunners to open fire, saying:
"The hell with all these people. Let's get rid of all of them." 71 Never
have any survivors or witnesses (including U.S. soldiers) indicated
any legitimate reason for the onslaught — nothing such as gunfire
directed at American positions or enemy combatants hiding among
civilians. The U.S. military never acknowledged this or any similar
episode in Korea, which means no apologies or reparations. When
confronted with this information, a typical Pentagon refrain is that
civilian casualties are an unfortunate by-product of combat, an
inevitable part of warfare. In other words, "war is hell," so grounds
for complaint

76 THE CRIMES OF EMPIRE

In Vietnam, U.S. military operations were similarly geared to
the "maximum production of death," 72 to the wearing-down of a
targeted population understood to be Communist savages, by means
of relentless firepower. One vehicle of savagery was a pacification
program designed by the Pentagon in 1962 and refined in 1967
as the U.S. became more deeply mired in protracted warfare.
The Vietnam campaign evolved into a war without limits where
"search-and-destroy" meant attacking everyone and everything that
stood in the way of U.S. military control. Higher body counts were
demanded as an increase in "enemy" killed-in-action represented
progress for the technocratic war managers. Wanton attacks on
civilians, mass killings, torture, rape, and abuse of prisoners was the
norm, endemic to a criminal enterprise fueled by racism, imperial
arrogance, and a cult of violence — an ethos permeating the entire
structure up to the highest command levels. Cut off from Vietnamese
society, Americans routinely made life-and-death decisions as they
moved violently through the country. Gibson writes that "The
Americans rarely knew Vietnamese language, Vietnamese culture,
or Vietnamese history, but they were responsible for ascertaining
who was a Vietcong and who was a civilian." 73 For the most part,
these distinctions hardly mattered in a milieu where the combat
imperative was to kill freely, and to kill without mercy.

Although it was one of dozens of civilian massacres in Vietnam,
My Lai became a symbol of what the U.S. military presence meant
in the field of action. In March 1968 U.S. troops of the 23rd Infantry
Division carried out the deliberate and sadistic mass murder of about
500 unarmed civilians, shooting women and children repeatedly and
piling up corpses as if going about routine duties, then reporting
the massacre as simple Vietcong casualties. Army units entered the
hamlet with guns blazing, ransacking everything, raping women,
killing all of the livestock, burning all of the huts, and covering
up all of the bodies. Troops machine-gunned helpless civilians
without pause or, apparently, conscience (although a few did balk
at the killing). For many soldiers the massacre was something of a
spontaneous activity, but My Lai was mostly an organized military
operation traceable to officer commands and consistent with the
overall military culture. 74 This has been accurately described as a
"sanctioned massacre" licensed by military orders that had the
effect of reducing moral inhibitions regarding violence. 75 My Lai
turned into a massive crime of obedience in which the victims were
already fully dehumanized, enabling the perpetrators to murder with
impunity. In fact the massacre, initially concealed by the military

WARFARE AGAINST CIVILIANS 77

and only later brought to light by the journalistic work of Seymour
Hersh, 76 was not investigated until 1969 and 1970. Charges were
brought forward at a trial lasting well into 1971. Platoon leader
Lt. William Calley alone was prosecuted (for murder) under Article
118 of the UCMJ and was convicted of killing 22 people. He was
sentenced to life in prison, but the sentence was soon reduced to
20 and then ten years. Pleading innocent on the basis of following
legal military orders, Calley wound up serving just three years
under house arrest before being officially pardoned in 1975. The
Vietnamese, however, have never forgotten: the massacre is kept
alive by markers and plaques designating spots where villagers were
killed, by a large statue, and by a My Lai Museum built in 1975. 77

Historical evidence demonstrates a lengthy pattern of U.S.
atrocities in Vietnam, as attacks on civilians by ground troops
were especially widespread, later discovered to have taken place
in almost every military unit. Soldiers murdered, raped, tortured,
and abused prisoners with few restraints, seemingly as a matter of
entitlement. Declassified Pentagon documents go into great detail
concerning 320 such incidents in some 8000 pages of investiga-
tions, military reports, and sworn statements of participants and
witnesses. 78 Among these, unfortunately, only 57 courts martial
resulted, producing just 23 convictions and four jail sentences of any
significant length. According to a Los Angeles Times story, "many
substantiated cases were closed with a letter of reprimand, a fine,
or in more than half the cases, no action at all." Military cover-ups
and stonewalling were so frequent that witnesses often felt that filing
reports was a waste of time. In one case, Medic Jamie Henry filed a
complaint stating that, in February 1968, army troops rounded up
and killed 19 civilians in Quang Nam province, after the company
commander issued orders to "kill anything that moves." In the field
Henry was denounced as a fabricator and traitor, and no one was
ever indicted or prosecuted for mass murder. Upon returning to the
U.S., Henry reported the incident to a Fort Hood legal officer but
was told to keep quiet for his own good and was threatened with
prosecution. His accusations were later proven to be true. Writing
about the horrors in 1970, Henry related that "Incidents similar to
those I have described occur on a daily basis and differ from one
another only in terms of numbers killed." 79

According to one comment in the declassified Pentagon files,
"A battalion would kill maybe 15 to 20 [civilians] a day. With
four battalions in the brigade that would be maybe 40 to 50 a day
or 1200 to 1500 a month, easy." 80 In other words, the massacres

78 THE CRIMES OF EMPIRE

were rather common to U.S. military operations in Vietnam, just as
they had been in Korea. Killing parties, moreover, often carried out
their deeds as a form of entertainment, while a code of silence was
enforced across the entire battlefield. Of the relatively few reports
that did finally surface — many long after the atrocities in question —
their contents were rather graphic. For example, in September 1969,
"members of a reconnaissance platoon swept through the Que Son
Valley, burning homes, slaughtering animals, and clearing civilians.
They killed an unarmed boy standing outside a cluster of huts and
fired into one of the dwellings, killing three women and three or
four children ... the soldiers then executed an elderly woman and a
baby. The unit reported the victims as enemy killed in action. " The
investigation found sufficient evidence to charge seven soldiers with
murder, rape, or dereliction of duty. By then, at least four of the
perpetrators had left the service, and the army declined to pursue
charges against them. 81

Perhaps the most damning commentary on U.S. atrocities in
Vietnam came from participants themselves, including hundreds
of military personnel who later testified in such venues as the
Winter Soldier hearings held in Detroit during 1971 (and released
as a shocking documentary in 1972). The witness testimonies
are powerful and devastating in their indictment of U.S. military
behavior, in their emotional outpourings as a response to the death
and destruction they observed first hand and in some cases initiated
themselves. Referring to the carnage, one witness said: "It wasn't
like they were humans. We were conditioned to believe this was for
the good of the nation, the good of our country, and that anything
we did was o.k. And like when you shot someone you didn't think
you were shooting at a human. They were a gook or a Commie,
and that was o.k." 82 The former soldier continued: "All Vietnamese
were gooks ... and they were inferior to us. We were Americans, we
were the civilized people. We didn't give a shit about those people."
Said another former soldier: "If I'd go into a village and have to
kill 100 people just to be sure there was no one there to shoot me
when I walked out, that's just what I did." One Marine testified
that "I had yet to be on an operation when I've gone through a
village and that village was still left standing." At the hearings it was
generally acknowledged that all atrocities — mass killings, torture,
burning of villages — were understood to have been fully endorsed
by military leaders in the field. According to one soldier, moreover,
"Our minister [Chaplain] condoned everything that happened, all
the horrors." 83

WARFARE AGAINST CIVILIANS 79

The Winter Soldier hearings revealed that torture had become
virtually a routine aspect of U.S. armed-forces behavior in Vietnam,
motivated by revenge, intimidation, efforts to gain intelligence
from POWs and inhabitants, and simple hatred. According to
one witness, "we would go to torture very quickly ... We killed
prisoners on the spot, with promises of rewards [and] officers always
overlooked what was going on." Stated another: "I was told to elicit
information by any means. He [the superior officer] told me I could
use any technique I could think of, the idea being don't get caught. I
could beat people, cut them, or shoot them ... just don't do it in the
presence of a non-unit person. I personally used clubs, rifle butts,
pistols, knives ... the important point here is that everything I did
was always monitored." Such testimony corresponds to evidence
gathered by a host of journalists and researchers in Vietnam across
more than a decade.

Aside from My Lai, however, an episode taken up only belatedly
and half-heartedly by the media and then the Pentagon, U.S.
savagery in Vietnam drew little attention from the American media,
politicians, government officials, and larger public. Even after it was
revealed, the very behavior for which the Germans and Japanese
were prosecuted after World War II was rationalized away or, more
disturbingly, met with outright praise and honors. A case in point:
former Senator Robert Kerrey, later to become President of the New
School in New York, received a Bronze Star for leading a Navy SEALs
operation into the village of Thanh Phong in Feburary 1969 — an
operation where 21 civilians were sadistically executed, at close
range, in a free-fire zone, as part of the Phoenix Program responsible
for at least 70,000 Vietnamese deaths. A member of Kerrey's team,
Gerhard Klann, reported the massacre and was backed up by other
witnesses, although Kerrey described the events as more complex
than mass murder. When the atrocities later became known to the
American media and public, the prevailing attitude was that Kerrey
ought to be given the benefit of the doubt since he was just doing
his job and, moreover, eyewitnesses in the heat of battle cannot be
trusted. Incidents of this sort cannot be avoided since, after all, "war
is hell." Politicians refused to investigate the matter and Kerrey
was allowed to keep his New School post. The media was silent
except for a long account in Time magazine (May 7, 2001) that
whitewashed the episode, depicting Kerrey more as a sad victim of
tragic circumstances than as the leader of a cold-blooded massacre.
Barry Romo, National Coordinator of Vietnam Veterans against the
War, observed that "everything is backwards. People shouldn't be

80 THE CRIMES OF EMPIRE

looking at Kerrey as a victim but at the families of the Vietnamese
who were killed. If Kerrey killed them by accident then he owed
them some reparations. If he did line them up and shoot them, then
you don't get away with murder because you wore a uniform." 84

A number of U.S. assaults on civilians in Panama City — for
example, the torching of dozens of homes in the El Chorillo
district — have been duly noted above. Evidence of local atrocities in
Afghanistan, where U.S. military action has been more limited than
in Iraq but has continued for several years, has also surfaced. The
U.S. military was reportedly involved in the mass murder of Taliban
prisoners (estimated at more than 1000) rounded up by American
and Northern Alliance troops near Konduz in late November 2001.
According to reports from different sources, prisoners were herded
into container trucks on a journey from Konduz to Sheberghan,
condemned to a slow and painful death, and dumped into mass
grave sites, all while U.S. Special Forces — working closely with
ruthless General Abdul Rashid Dostum — remained in the area. As
Red Cross and U.N. representatives expressed "grave concern"
about the atrocity, the Pentagon stonewalled any investigation. 85

In Iraq beginning in March 2003, local atrocities received more
attention than had been the case in Vietnam, thanks to extensive
reports and photos of torture carried out by U.S. troops at Abu Ghraib
prison in Baghdad, which surfaced in 2004. For politicians and the
media, however, these episodes were isolated, the rare outburst
of a few overly stressed soldiers, although in Iraq as elsewhere
such behavior is closer to the norm than gatekeepers of opinion
want to admit. Military occupation has witnessed recurrent acts of
murder, rape, torture, house raids, arbitrary detentions, and other
abuses. In fact violence seemed rather ordinary in an atmosphere of
chaos, strife, and insurgency, where social and political order had
essentially collapsed. What has permeated everything, however,
is the sheer oppression of American rule, making daily horrors
nearly routine. Unit commanders have often encouraged troops to
record maximum kills, with edicts to shoot all military- aged males in
certain zones known to have been issued. As in Korea and Vietnam,
the military culture has facilitated homicidal behavior. Dahr Jamail
comments: "It's part of the dehumanization process. When you
have a soldier who has — they call it light up — they've lit up a car
full of civilians at a checkpoint and realized, oh, they've just killed
a family. As a result, they dehumanize Iraqis, calling them hajis,
ragheads, and other racist terms. Instead of killing a human being,
now they've killed this less-than-human t<

WARFARE AGAINST CIVILIANS 81

One of the most devastating homicidal outbursts took place in
November 2005, when U.S. Marines slaughtered 24 civilians in cold
blood at Haditha, claiming revenge for the death of a fellow soldier.
Using rifles and grenades, a unit from the Third Battalion of the First
Marine Division mechanically killed men, women, and children in
the setting of their own homes, including a 76-year-old blind man
in a wheelchair. Soldiers rolled grenades into rooms crowded with
children and babies. Unarmed residents were shot repeatedly, at
close range, by troops going house-to-house. The Marines made
return trips to the killing sites to finish people off. Witnesses said
the men carried out deliberate executions and laughed about it. The
episode was covered up but soon reached higher command levels,
although no officer was willing to concede that anything unusual
had taken place; the killings were simply business-as-usual. 87
Inquiries by reporters were dismissed as emanating from "terrorist
propaganda" intended to "give aid to the enemy." A Time magazine
report finally detailed both the massacre and the cover up, triggering
new investigations. Reports drew a picture of U.S. troops confined
to their fortress bases and cut off from Iraqi society by language,
culture, and history — occupying forces willfully ignorant and filled
with contempt for the local population.

A Frontline documentary on Haditha aired in February 2008 set
out to present a balanced account of the events in question and their
aftermath, based on eyewitness statements from both sides. Local
Iraqis interviewed were shown emotionally revisiting a scene of
execution-style bloodshed with innocent civilians murdered as they
went about their normal daily routines — most at home, far removed
from the scene of the initial Humvee attack. 88 It had become clear
that, for the troops of Kilo Company, virtually anyone in designated
combat zones (men, women, children, elderly) could be regarded as
"threats" to be attacked and neutralized. In other words, rules of
engagement were murky at best. Understandably outraged, Iraqis
in Haditha viewed the unwarranted attacks as criminal and insisted
on a full-scale investigation that Marines in the field considered
unnecessary, an imposition, something of a terrorist propaganda
ploy. In the documentary U.S. soldiers ventured forth to say that
Haditha was a "very shady town" filled with people who didn't
like Americans, who never appreciated U.S. sacrifices to bring help
to their town. Others indicated that the killings were all in a day's
work, an inescapable part of battlefield routine — "something that
just happens." Still others argued the entire incident was blown
out of proportion, especially since it was Americans who suffered

82 THE CRIMES OF EMPIRE

the first roadside casualties. What became clear is that the Marines
would likely have blocked any investigation into the atrocities were
it not for the Time magazine report. As for the documentary, its
purported "balance" left the impression that there were two equally
valid sides to the narrative — that the familiar resort to self-defense
might be a valid justification for the systematic murder of unarmed
civilians. Even more puzzling, the Frontline program suggested that
the Haditha episode provided a wake-up call, giving new impetus
for American troops to win the "hearts and minds" of the Iraqi
people. Nothing was mentioned about ending an illegal occupation
where Haditha-style atrocities were common, indeed an inevitable
part of the U.S. intervention.

A few months after Haditha, in the village of Ishaqi, army troops
brutally murdered eleven civilians in one home, including four
children under age seven, their corpses riddled with bullets. 89 A
by-product of the U.S. pursuit of insurgents, this massacre (like
others that came to light) was written off as "collateral damage,"
an unfortunate but necessary result of the war on terror — and no
one was prosecuted. Such "escalation of force" incidents mounted
as the U.S. occupation heightened Iraqi antagonism and resistance,
although they have been rarely investigated much less punished.
Haditha and Ishaqi represent only two of dozens, more likely
hundreds, of similar atrocities in an environment where large-scale
killing of civilians is the logical outcome of an occupation that
breeds popular anger and hostility, where ordinary people become
the enemy, and where rules of warfare have all but vanished.

With several years of war and occupation having brought
sustained violence, chaos, and breakdown to Iraq — in a word,
ruin — the burden has fallen overwhelmingly on the civilian
population. As in the case of Vietnam, many Americans seemed to
believe that "winning" (an elusive notion at best) requires maximum
body count — that is, killing as many Iraqis as possible. One army
Specialist, Michael Richardson, was quoted as saying: "There was
no dilemma when it came to shooting people who were not in
uniform. I just pulled the trigger. It was up close and personal the
whole time, there wasn't big distance. If they were there, they were
enemy, whether in uniform or not. Some were, some weren't." 90 It
is important to repeat here that such murderous sentiments were
from most reports (including those at Abu Ghraib) widely held
among American military personnel — all the way to the top of the
organizational hierarchy.

WARFARE AGAINST CIVILIANS 83
A CULTURE OF DENIAL

The U.S. government, media, and academic establishments have long
either ignored or defended the U.S. record of war crimes detailed in
this and other chapters of the present book. The culture of denial
is so well-entrenched in American political culture as to be more or
less invisible, accompanied by a remarkable degree of hypocrisy and
double standards. After all, these are the kind of crimes for which
American officialdom never tires of demanding that others be held
accountable. The capacity for apologetics has been truly amazing,
all the more so given that the record is hardly shrouded in secrecy. As
mentioned, even on those rare occasions when U.S. military attacks
on civilian populations are acknowledged, such attacks are usually
rationalized away as a question of military imperative: destroying
enemy morale, collateral damage, difficulty separating military
from civilian targets, and so forth. A close look at U.S. military
history quickly refutes such flimsy, self-serving apologetics. One
result of this denial — that is, exempting Washington from respon-
sibility for its criminal deeds — has been to subvert longstanding
international attempts to establish legal and moral constraints on
military behavior.

Contrary to prevailing mythology, civilian populations and
related targets have always been strategically central to U.S. military
operations. And there have been numerous of such operations just
since the end of World War II. As we have seen, the civilian victims
of U.S. warfare have often been intended — or at least the product
of indifference on the part of armed-services personnel from top to
bottom. The warfare has fit a pattern of ground, aerial, and naval
action, with civilian victims having reached the tens of millions.
According to the Nuremberg precedent, victims of war can be
direct or indirect, immediate or delayed, in cases where military
actions constitute crimes against peace, which commonly applies
to U.S. behavior. Apologetics regularly surface across the political
spectrum, and even outside it, reflecting widespread patriotic
obedience often mixed with elements of ethnocentrism and racism.
As Howard Zinn puts it:

Our problem is the numbers of people all over the world who
have obeyed the dictates of the leaders of their government and
have gone to war, and millions have been killed because of this
obedience. And our problem is that scene in All Quiet on the
Western Front where the schoolboys march off dutifully to war.

84 THE CRIMES OF EMPIRE

Our problem is that people are obedient all over the world, in
the face of poverty and starvation and stupidity, and war and
cruelty... We recognize this for Nazi Germany. We know that the
problem there was obedience, that the people obeyed Hitler...
They should have challenged and they should have resisted; and
if we were only there, we would have showed them... But America
is different. That is what we've all been brought up on... But if we
have learned anything [from history] it is that these lovely things
about America were never lovely. We have been expansionist
and aggressive and mean to other people from the beginning.
And we've been aggressive and mean to people in this country...
Now how can we boast that America is a very special place? It
is not that special. 91

Sam Harris, in his otherwise critically acclaimed book The End of
Faith, notes a history of U.S. military atrocities but conveniently
refers to them as "misdeeds" — departures from the norm — arguing
that, in any case, atrocities committed in the past have nothing to do
with contemporary world politics. 92 Attacking Noam Chomsky for
"moral blindness" in equating U.S. war crimes with those committed
by other nations and groups, Harris contends that even when the
U.S. military has killed civilians such actions have been rarely if
ever intended, in contrast to deliberate and planned atrocities of
American enemies, for example Muslim terrorists. Referring to the
U.S. as a "well-intentioned giant" facing a world of "genocidal
sadists," he implausibly claims that evidence shows the U.S. operates
at a higher level of "moral development" that rules out deliberate
or indiscriminate attacks on civilians. Regarding Bush's intervention
in Iraq, Harris writes "there is no reason to think that he would
have sanctioned the injury or death of even a single innocent
person." 95 Indeed the U.S. is really obsessed with minimizing or
avoiding civilian casualties. 94 An immediate question emerges here:
was not Bush as commander-in-chief of the U.S. military ultimately
responsible for every (unprovoked) horror taking place in Iraq:
the initial crime of aggression, shock-and-awe tactics, a bloody
occupation, destruction of urban centers, massive civil strife, infra-
structure collapse, torture of prisoners, routine atrocities endemic to
occupying a foreign nation — in a word, ruin of an entire country?
If not, then exactly who might be found most legally and morally
accountable? Are we to believe that the poor beleaguered President
of the most powerful nation in the world was simply trapped in a
sad, unavoidable tragedy?

WARFARE AGAINST CIVILIANS 85

Recognizing such atrocities as My Lai in Vietnam, Harris contends
"what distinguishes us from many of our enemies is that this indis-
criminate violence appalls us." 95 How "appalling" could it have
been when nearly every perpetrator involved, including high-ranking
officers, was able to escape prosecution while the lone indicted
mass murderer got a lighter sentence than most drug offenders?
Observing that in an evil world the maiming and killing of innocent
civilians will be regrettably unavoidable, Harris concludes: "Any
honest witness to current events will realize that there is no moral
equivalence between the kind of force civilized democracies project
in the world, warts and all, and the internecine violence that is
perpetrated by Muslim militants." 96 This is a puzzling claim from
someone who resides in a country that "projects" by far the most
violence in the world, that has built the largest war machine in
history, that intervenes routinely around the world, whose global
military reach has taken on the character of normalcy, and that is
responsible for several million civilian deaths just since World War
II. Harris' apologetics are noteworthy for their lack of historical
contextualization, for their refusal to acknowledge far-reaching
economic and geopolitical (i.e., imperial) objectives shaping U.S.
foreign and military policy.

While somewhat extreme, Harris' uncritical repetition of standard
fairy tales about U.S. global behavior is not far removed from
standard discourse within the public sphere. Even where savagery
is conceded, ideological platitudes veer toward apologetics, locating
the violence in an epic struggle of modern civilization against barbaric
Muslim terrorists — a more current recycling of familiar European
colonial propaganda. It follows that only diabolical enemies of the
noble U.S. imperium would ever deliberately attack civilians. Thus
Christopher Hitchens, in A Long Short War, refers to Muslims for
whom "the concept of a civilian casualty is meaningless" 97 and
who, historically, "inflicted casualties of the kind that would be
called barbaric if imposed by Westerners." 98 He writes that Muslims
specialize in indiscriminate attacks on civilian populations, 99 one
example being Saddam Hussein who used "tactics that [were]
directed primarily at civilians." 100 Douglas Murray, in his book
Neoconservatism, mockingly calls attention to Arundhati Roy's
perfectly sensible comment regarding the absurdity of U.S. attacks
on other nations for allegedly possessing nuclear weapons while
the U.S. itself controls by far the world's largest nuclear arsenal
(along with abundant other WMD) and, moreover, is the only
nation to have carried out nuclear warfare (intentionally against

86 THE CRIMES OF EMPIRE

civilians, no less). Murray smugly dismisses such criticism, noting
that Hiroshima and Nagasaki are by now ancient history and that it
is time people dispensed with such "inherited guilt." 101 The problem
is that Roy, Chomsky, and every other "two-bit peacenik poseur"
have refused to transcend the past and get comfortable with the
vagaries of U.S. military power. Murray's book contains bits of
endless wisdom along these lines drawn apparently from the worst
civic textbooks. Of course had we substituted for Hiroshima and
Nagasaki — well-known episodes of American barbarism — another
evil committed by a U.S. enemy at exactly the same time (the Nazi
Holocaust), Murray and other provincial apologists might have
thought different about "transcending" the lessons of history.

Such flimsy rationalizations contain a recurring motif: the U.S.
never attacks civilians or, if discovered to have somehow done so,
the attacks are (a) relegated to a distant and forgotten past, or
(b) deemed the unfortunate result of collateral damage, or (c) an
isolated tragedy, the work of a few demented individuals deviating
from the established military norm. The question of what constitutes
legitimate military targets is, of course, a matter of longstanding
debate with obvious gray areas here and there. But when massive
civilian casualties resulting from an immense variety of combat
operations fit an ongoing pattern across many decades, embedded
in discernible military strategies and political aims, then gray areas
vanish and war crimes must be the verdict of history. Any objective
account would ultimately arrive at such a judgment. The legacy of
indiscriminate U.S. attacks on civilian targets extends back more
than two centuries, to the earlier period of the Indian massacres, so
a judgment of war crimes hardly represents a shocking departure
from historical traditions. Saturation bombing, the dropping of
nuclear weapons, sustained attacks on urban centers, destruction of
life-support systems, introduction of chemical warfare, widespread
use of such inhumane devices as napalm, white phosphorous,
depleted uranium, and anti-personnel bombs — all this amounts
to a criminal legacy no other group or nation has even remotely
duplicated. Harris rambles on about the significance of intent, as if
such motivation could never apply to U.S. decision-makers but only
to their wicked enemies. (How he arrives at this bizarre contention
is never stated.) Of course no political actors admit to conscious
intent when it comes to their criminal behavior, any more than
the most hardened criminals are likely to concede guilt — yet for
the U.S. military the pattern of criminal behavior is so lengthy, so
repetitive, so obvious, so extreme, and so clearly tied to imperial

WARFARE AGAINST CIVILIANS 87

aims that only Americans indoctrinated in the pervasive ideology
of Empire might blindly overlook it. Surely the methodologies of
aggressive warfare long embraced by U.S. leaders are a matter of
undeniable historical record. So too are the unfathomable human
consequences that go well beyond arcane and self-serving claims of
collateral damage. No impartial legal process in the world would
exonerate any individual or group under such conditions, whatever
their proclaimed intentions.

Leaving aside silly claims about the obsolescence of history,
Harris, Hitchens, Murray, and other apologists for U.S. war crimes
might be advised to look more closely at present-day evidence —
notably Iraq. They could have attended a reprise of the Winter
Soldier hearings, this time concentrated on Iraq, held in spring
2008 at Silver Springs, Maryland. As in the case of Vietnam,
the hearings presented dozens of testimonies from U.S. military
personnel, earlier stationed in Iraq, regarding wanton killings of
civilians, torture, destruction of property, and other mayhem. All
agreed that rules of engagement were largely ignored in the field
and met with indifference at the higher levels. One Marine said:
"By the time we got to Baghdad, I could shoot at anyone who
came close enough to make me uncomfortable." Others reported
the widespread, deliberate killing of civilians and mutilation of
the dead. 102 Chris Hedges interviewed 50 returning Iraq veterans
and found the same evidence of criminal behavior. Interviewing
medics, MPs, snipers, artillerymen, and others among both the
officer corps and enlisted men, Hedges uncovered a terrible pattern
of atrocities — civilians randomly killed at checkpoints, unprovoked
beatings and arrests, widespread torture, midnight raids on homes,
and repeated abuse of people thought to be hostile to the American
presence. In an atmosphere of fear and hatred, U.S. troops essentially
declared war on the entire Iraqi population, viewed as subhuman.
Brutalization of civilians never generated military or other inves-
tigations, while senior officers were depicted as fully accepting of
criminal behavior. Hedges concluded that this disturbing pattern
of atrocities only gave rise to insurgency, terrorism, and hatred of
the American occupiers. 103

The general problem of war crimes is aggravated when the nature
of modern warfare is taken into account. In particular the U.S.
dedication to technowar that, combined with awesome firepower,
inevitably exposes civilians to horrific military violence, as shown in
Iraq. We should know by now that claims of "precision targeting"
are a myth, especially where large civilian populations are located

88 THE CRIMES OF EMPIRE

within zones of military attack. Modern armed conflict increasingly
revolves around urban guerrilla warfare, local insurrections,
and civil strife, conditions under which distinctions between
civilian and military targets easily collapse in the midst of battle.
Foreign occupation, moreover, ensures large numbers of civilian
dead, wounded, and displaced. In this context any recourse to
notions of military necessity by a superior military power rings
hollow, a desperate attempt to cover up or rationalize criminal
operations. (It is important to ask: "Necessary" for whom and for
what?) Unfortunately, U.S. leaders have rarely charted adequate
legal guidelines for rules of engagement in military practice, as
documented in this chapter. Even more telling: the very thrust of
U.S. imperial ambitions means that military interventions as a whole
cannot be justified morally or legally. The death of any civilians
resulting from the U.S. drive toward world supremacy, however
finessed for public consumption, is impossible to sustain.

This last point deserves greater attention than it has typically
received in studies of U.S. global behavior, for if the U.S. has been
guilty of repeated crimes against peace then Washington is fully
responsible for all the death and destruction growing out of its
policies and actions — as the Nuremberg precedent clearly affirmed.
The problem of U.S. criminality today, therefore, is the degree to
which it is rooted in the very logic not only of the Bush agenda but of
a larger U.S. imperial strategy going back to the nineteenth century.
If Antonia Juhasz is correct in stating that in Iraq Bush "unified
military and corporate globalization into one mighty weapon
of Empire," it follows that the entire intervention is illegal and
immoral from beginning to end. 104 All references to noble purposes,
unintended consequences, and collateral damage will be patently
insufficient, deceitful to the core. A long pattern of U.S. agendas and
decisions illustrates a gross devaluation of human life in the many
countries that have been subjected to its overwhelming economic,
political, and military power. Even if U.S. global behavior could be
justified on grounds of national security or military defense — rarely
sustainable — government leaders and armed-forces personnel would
still be culpable of indiscriminate attacks on civilian populations
and their support systems.

3

War Crimes by Proxy

One of the most common U.S. violations of international law and
human rights conventions has been its long history of support for
tyrannical regimes, paramilitary groups, and myriad forms of distant
warfare across the globe. Such outlawry, driven by economic and
geopolitical agendas, has typically involved the setting-up of proxy
wars, insurgencies, covert operations, and other forms of military
conflict favored especially for intervention throughout the underde-
veloped world. Brutal regimes, many guilty of terrible abuses and
atrocities over years and even decades, have received substantial
(often necessary) assistance from Washington in such countries as
Colombia, Guatemala, Chile, Turkey, Indonesia, the Philippines,
and Israel. Political rebellions have been not only aided and abetted
but organized in Nicaragua, Yugoslavia, and Afghanistan, usually
with deadly consequences. Local paramilitary or death squads have
been created and financed in El Salvador, Guatemala, Yugoslavia,
and Afghanistan for reasons having nothing to do with democracy
or other high-sounding claims. Governments have been overthrown
with the help of American covert and/or direct intervention, as in
Chile (1973) and earlier in Iran and Guatemala (in the 1950s). In
fact, proxy operations, where U.S. forces remain in the background
or invisible while mayhem is created mostly by local actors, are
the generally preferred method, one that was especially refined
during the Cold War. 1 Support has taken multiple forms: direct
material assistance, military equipment and weaponry, recruitment
and training, logistics and intelligence, and political or diplomatic
cover within international bodies like the U.N. For several decades
the U.S. has trained thousands of military and law-enforcement
personnel at bases within the country who would later become
members of governments, armed-forces, the police, militias, and
death squads complicit in horrendous war crimes elsewhere.

Government leaders and other figures who sponsor or otherwise
support crimes by proxy — who knowingly and deliberately furnish
perpetrators with resources to carry out murderous deeds — are just
as guilty as the perpetrators themselves and must, in the end, be

90 THE CRIMES OF EMPIRE

held just as accountable. Within international law this is known
simply as the "aiding and abetting of war crimes." 2 This was a
major charge brought against Yugoslav leader Slobodan Milosevic
at The Hague Tribunal, where he was accused (in effect singled
out along with other Serb leaders) of assisting paramilitary groups
in the Balkans, such as the notorious Arkan's Tigers, by means of
financial aid, training, weapons shipments, and logistical supports.
Prosecutors for the International Criminal Tribunal for the former
Yugoslavia (ICTY) argued that Milosevic was just as culpable of
war crimes perpetrated by these groups as if he had taken over their
formal leadership. 3 Whatever the degree of Milosevic's guilt — and
little was established at the ICTY before his death in 2006 — this
kind of proxy relationship to regimes and organizations has been a
stock-in-trade of U.S. foreign and military policy since World War
II, but no Washington political or military figure has ever been held
legally accountable. Historical evidence shows that the very charges
leveled against Milosevic could be brought against U.S. leaders
hundreds of times over, as they use massive economic, political, and
military resources to wage extended proxy wars around the world.

A HISTORY OF AIDING AND ABETTING

U.S. proxy warfare is deeply embedded in its long imperial role in
world politics, having extended to most parts of the globe — above
all, to Latin America, Asia, and the Middle East. Washington has
provided assistance and comfort to regimes, paramilitary groups,
and sundry political organizations that, in advancing both their
own and U.S. interests, have targeted civilian movements and
individuals working for national independence, social reforms,
labor interests, or human rights. This is surely one of the darkest
features of American foreign policy across the twentieth century and
into the present. In the decades just since the 1960s the U.S. has
supported Central American oligarchs in their repressive agendas,
death squads in Colombia, the Iraqi military during its brutal 1980s
war against Iran, right-wing Muslim rebellions in Afghanistan and
Bosnia, and dispersed local terrorist networks in Yugoslavia, not to
mention the decades-long Indonesian military suppression of leftist
and independence movements.

At the same time, Amnesty International found that the U.S.
has been the major source of arms exported to nations most guilty
of war crimes and human rights abuses, including Colombia,
Indonesia, Turkey, Pakistan, and Israel. During the 1990s alone

WAR CRIMES BY PROXY 91

U.S. arms shipments abroad totaled nearly $200 billion — nearly half
of all world sales — to some 57 nations, with few if any ethical or
legal guidelines taken into account despite some formal constraints.
Between 2001 and 2005, U.S. annual weapons sales totaled as
much as $13 billion, while in 2006 alone the Pentagon signed arms
agreements amounting to $21 billion, including huge shipments
of surface-to-air missiles. The U.S. military has further earmarked
$90 million to train people in the use of these weapons. In recent
decades the U.S. has been known as something of a warehouse for
weapons-grade firearms made available to any buyer at the right
price, few questions asked. A haven of the most developed (and
fiercely defended) gun culture in the world, it is a nation aptly
described as a convenient market for weapons of all sorts procured
by dictators, terrorists, mercenaries, death squads, and criminals
of all stripes, even as American leaders and media pundits preach
human rights and nonviolence virtually non-stop. Even after 9/11,
heightened concerns about terrorism, and the passage of the Patriot
Act, the U.S. remains a prime conduit of military-style arms made
relatively easy to purchase and transport. 4 Arms merchants, whether
government, corporations, or smaller interests, must bear some
responsibility for those criminal actions — entirely predictable in
most cases — carried out by the recipients.

At the height of the Cold War, between 1965 and 1969, the
Indonesian military regime under General Suharto massacred an
estimated 500,000 people — virtually anyone associated with the left
opposition and Communist Party (PKI) — with full U.S. economic,
political, and military support. This was surely one of the most
egregious criminal operations of the postwar years, but it was
met with deafening silence in the Western media. To facilitate the
Suharto regime's outlawry the CIA and State Department drew up
lengthy death lists in which PKI leaders were especially targeted. 5
The bloodshed took place in the absence of any legal or political
constraints. As early as the 1950s the U.S. and Indonesian militaries
had become intertwined when the Jakarta general staff (more than
6000 officers) had been given training at several U.S. bases. A decade
following the PKI annihilation, one of the deadliest Washington
achievements of the Cold War, the regime moved against strong
independence movements in East Timor, killing at least another
100,000 people whose sin was to be involved in the struggle for
national sovereignty. As casualties mounted in the late 1970s the
U.S. continued to provide Indonesia with massive financial and
military aid while blocking U.N. measures to protest (and halt) the

92 THE CRIMES OF EMPIRE

carnage. Given its geopolitical value, the Jakarta dictatorship was
for many years a favorite of the CIA and Pentagon, all the more so
owing to its ruthless efficiency in destroying leftist organizations.
After the 1975 Suharto invasion of East Timor, U.S. weapons sales
to the military regime increased steadily, reaching a peak of one
billion dollars during the Reagan years 1982 to 1984. Meanwhile,
the East Timor massacres, enabled by the spread of paramilitary
squads, would continue on and off for least another two decades.
U.S. leaders clearly share culpability for a legacy of mass murder
that has few historical parallels.

The Washington proxy war in Afghanistan spanned roughly a
decade (1979 to 1988), a bloody campaign that would be the final
Cold-War salvo in fighting "Soviet aggression." The CIA and the
Pentagon spent more than three billion dollars to train, equip, and
support a large jihadic terrorist operation based in Pakistan and
presented to the American public as "freedom fighters" waging
heroic battles on the outpost of Western civilization. Islamic funda-
mentalists were mobilized to overthrow a regime said to embody a
"Godless evil" — in reality a Soviet-backed reform government that
set about getting Afghanistan out of the dark ages. It was a fanatical
ideological crusade accompanied by unspeakable violence: rockets
sent into densely populated areas, prisoners routinely tortured and
killed, combat without regard for any rules of engagement. Financed
almost entirely through drug trafficking and CIA largesse, the
Afghan campaign represented the ultimate Washington Cold-War
fantasy where Soviet power would be worn down without the loss
of even a single American life. In the end the war turned one of the
poorest nations in the world into a terrain of rubble, giving rise to
unbelievable savagery: more than one million dead, three million
disabled, and five million displaced. This extended proxy war also
brought to power a fascistic Taliban regime — anti-Communist to
be sure, but dedicated to turning Afghanistan into a traditional
dictatorship bereft of basic human rights. The regime served as
a launching pad for subsequent jihadic adventures in Chechnya,
Bosnia, and North Africa, inspiring the rise and growth of Al Qaeda
at the same time.

In the case of Turkey — a strong, nominally democratic ally of
both the U.S. and Israel in the Middle East — we have yet another
proxy relationship: brutal Turkish treatment of its large Kurdish
population for decades while the nation has remained one of the
biggest recipients of U.S. economic, military, and political aid. As
government repression worsened during the 1990s with stepped

WAR CRIMES BY PROXY 93

up efforts to destroy Kurdish struggles for autonomy, the Turkish
army moved to isolate and in some cases demolish local villages,
forcing hundreds of thousands of civilians out of their homes and
communities. As many as two million Kurds were left homeless
while local paramilitary squads, with government blessings and
support, murdered thousands. American-made planes dropped
U.S. -produced napalm on villages, hitting mostly civilians. State
terrorism became routine practice. Meanwhile, by the year 2000
Turkey had become the single largest importer of U.S. military
goods, including F-16 fighter planes, M-60 tanks, Cobra gunships,
and Blackhawk helicopters in vast numbers, all used against
mostly defenseless Kurds — the very same ethnic population that
Washington, driven by geopolitical aims, would champion as a
great liberating force in Iraq. 6 Yet if in Iraq the stratagem dictated
regime change, in Turkey it meant something altogether different —
stabilization of a repressive government, whatever the cost in
Kurdish lives.

The legacy of proxy wars — "wars" defined broadly to encompass
multiple forms of political violence — has become profoundly
embedded in contemporary U.S. foreign and military policy. Such
operations have been a preferred strategy to secure global aims,
as direct modes of intervention tend to be more costly. Through
proxy relationships, moreover, Washington has been able to escape
the close political and media scrutiny that inevitably follows direct
military engagement, as in Korea, Vietnam, Iraq, and Afghanistan.
Although proxy warfare was an integral part of U.S. Cold- War
strategy, it has clearly outlived its origins, more recently visible in
such widely diverse settings as Central America, the Balkans, and
the Middle East.

CENTRAL AMERICA: SECOND-HANDTERRORISM

Among the most gruesome and sustained records of U.S. proxy
warfare can be found in Central America — part of a legacy of military
intervention going back to the nineteenth century and reaching its
peak in the 1980s and 1990s. Throughout Latin America the U.S.
supported decades of state terrorism as well as scores of deadly
paramilitary groups created and sustained mostly by the CIA and
the Pentagon. The final chapters of this history have, unfortunately,
yet to be written, as the U.S. continues to protect its economic and
geopolitical power in the region.

94 THE CRIMES OF EMPIRE

As in the cases of Indonesia, Afghanistan, and Colombia,
U.S. engagement in Central America has included all phases of
operations: training, arms and equipment, logistics, intelligence,
financial aid. And the human consequences have been just as
painfully far-reaching. At the infamous School of the Americas
(SOA), renamed in 2001 the Western Hemisphere Institute for
Security Cooperation, located at Fort Benning, Georgia, the
Pentagon has trained more than 60,000 operatives in methods of
counterinsurgency and guerrilla warfare across Latin America. SOA
training manuals emphasized a wide array of methods, including
assassination, commando raids, torture, mass executions, blackmail,
and intelligence. Death squads were set up to wage proxy battles in
defense of combined U.S. and local oligarchical interests, especially
in Central America, since the 1960s. 7 Graduates of SOA include
the notorious Roberto D'Aubisson, who organized a death-squad
network in El Salvador during the 1980s, reportedly killing upwards
of 10,000 people as part of a U.S.-Salvadoran campaign to crush
popular insurrection and destroy leftist and civic movements.
Massacres of defenseless civilians were common, with dozens of
villages demolished, many of them burned to the ground. Death
squads were recruited from both civilians and members of the armed
forces and police, the vast majority trained and supported by the
SOA and other bases in the U.S.

According to the U.N. Truth Commission on Salvadoran Death
Squads, it was D'Aubisson and his corps of terrorist commandos
who built and maintained a large network of paramilitary groups
bringing together American interests, Miami-based exiles, and
right-wing Salvadoran forces. They did their work in the name
of combating Soviet subversion in Central America — the fear of
another Sandinista regime was palpable — but in reality their agenda
was to wipe out all domestic opposition to the Washington-backed
power structure. In the period 1980-92 the U.S. spent six billion
dollars to sustain one of the most ruthless proxy military campaigns
ever waged in the Western hemisphere. That campaign produced
a death toll estimated as high as 75,000, along with displacement
of one-fourth of the population (mostly poor peasants) pushed
out of their homes during sweeps by the army and death squads. 8
Abductions, torture, and mass executions were routine practices that
never caused uneasiness in Washington. Air power too came into
play, an instrument of bombing, strafing, and napalm runs in the
countryside. In 1980 alone the Human Rights Office of El Salvador
reported 8062 murders of people involved in opposition movements

WAR CRIMES BY PROXY 95

and civic organizations — a number that would increase to 12,500 in
1981. 9 Widespread reports surfaced during the 1980s of scorched-
earth campaigns accompanied by mass torture and killings. The U.S.
deployed hundreds of CIA agents, military "advisers," and other
operatives in El Salvador as the terror escalated. Noam Chomsky
writes that "It is notable that in El Salvador, as in Nicaragua, the
level of atrocities, which rival the most gruesome in recent years,
increased dramatically as U.S. involvement grew." 10

In Guatemala a regime of U.S. -sponsored atrocities spanning at
least four decades far exceeded what took place in El Salvador. The
CIA and the Pentagon supported a reign of government repression
and death-squad terrorism going back as far as the U.S. -engineered
overthrow of the Jacobo Arbenz government in 1954, leading
to a death toll reaching perhaps 200,000. The killings, presided
over by a long line of Washington-backed dictators anxious to
destroy all vestiges of political opposition and guerrilla insurgency,
were made possible by a continuous flow of American weapons,
equipment, and financial aid combined with SOA training and
Pentagon logistical supports. Oppositional leaders, especially those
connected to indigenous movements, were labeled "Communist"
and executed by the thousands, many of them buried in mass graves.
During 1966-68 alone Amnesty International reported a death
toll of some 8000 attributed to the army, police, and paramilitary
groups that roamed freely across the countryside. By 1972 the
number of murdered was estimated at nearly 13,000 for that year
alone — a figure reaching 20,000 by 1976. n Anyone involved in
local organizing activity was subject to attack. In the early 1980s
the Reagan administration renewed U.S. dedication to "peace and
democracy" in Guatemala, to which end it backed the 1982 General
Efraim Montt coup that brought an escalation of massacres to the
rural areas, with several thousand peasants and Indians slaughtered
in the first months after the coup. Assisted by both U.S. and Israeli
military arms and equipment — Washington gave nearly $800
million between 1981 and 1990 — atrocities were carried out with
impunity. 12 A permanent state of terror existed throughout the
nation, targeting even moderate forces of change. During the 1980s
and 1990s Guatemalan death squads were organized primarily by
two large groups, the G2 and Archivo, both funded by the CIA and
run by CIA-paid Guatemalan military police officers trained at SOA
and elsewhere in both the U.S. and Central America. According
ts, the G2 maintained an extensive network of
s along with secret body dumps and c

96 THE CRIMES OF EMPIRE

if any of these atrocities were likely to have been unknown to the
sponsors in Washington.

From 1979 to the mid 1980s the CIA recruited, trained, and
armed a well-organized Contra network, a made-in-America
insurgency set up to destabilize and then overthrow the reformist
Sandinista government in Nicaragua. Based in Honduras, the
Contras (numbering over 10,000) did everything possible to subvert
and overthrow the system: economic sabotage, mining of harbors,
political assassinations, and widespread killing of civilians with the
aim of destroying public morale. During both the Carter and Reagan
presidencies the U.S. claimed the Sandinistas were setting up a Soviet
beachhead in Central America — a foothold allowing them to foment
revolution elsewhere in the hemisphere. As part of their campaign,
consistent with CIA instructional manuals, the Contras were to carry
out hit-and-run raids across the border, attacking farmlands, homes,
schools, and agricultural coops with remarkable savagery. Reagan's
"freedom fighters" were encouraged to practice torture and did so
with abandon. 14 CIA helicopters provided routine military cover
and logistics in support of these criminal actions. When direct CIA
management of the proxy Contra army was terminated by Congress
in 1986, the Reagan administration secretly transferred authority
to the National Security Council as terror operations continued,
more sporadically, for another few years. When in 1984 Nicaragua
protested U.S. mining of its harbors to the World Court — and was
resoundingly vindicated — Washington simply ignored the Court's
verdict, consistent with the larger pattern of U.S. double standards
and national exceptionalism.

What occurred in Central America from the 1960s through the
1990s — a ruthless application of proxy warfare through state-
engineered terrorism — was in fact no radical departure from past
behavior. Bloody U.S. interventions in the region, both direct and
indirect, go far back into the nineteenth century. The power structure
responsible for such criminality, moreover, remains fully intact
today, still prepared to advance U.S. economic and geopolitical
agendas through a creative variety of police and military methods.
Meanwhile, the conveniently renamed SOA retains its longstanding
basic features and mission. Here as elsewhere U.S. proxy campaigns
can be said to have been rather efficient and cost-free, largely outside
the purview of government and media scrutiny, at least in the U.S.
Reflecting on this context, Chomsky writes: "U.S. subversion,
sabotage, and aggression are carefully plotted operations, as one

WAR CRIMES BY PROXY 97

would expect in the case of a terrorist state with unmatched power
and only limited domestic c

YUGOSLAVIA: "HUMANITARIAN" WARFARE

The proxy-war campaign in Yugoslavia waged by the U.S. through
NATO, going back to the late 1980s, intensified during the 1990s,
culminating in the protracted spring 1999 bombing campaign. By
the early 1990s the U.S. was busy recruiting, training, and equipping
dispersed local rebellions and separatist movements in a nation
increasingly under siege as Western powers moved to expand NATO
eastward. With the end of the Cold War and collapse of the Soviet
bloc these powers (notably the U.S. and Germany) sought control
over the geopolitically vital Balkans. The aim was to strengthen
right-wing oppositional groups including Bosnian Muslim funda-
mentalists, the fascistic Croatian government, the Kosovo Liberation
Movement (KLA), and a variety of local paramilitary squads, hoping
to destabilize the (elected) Serb government regarded by Washington
as final holdover from the Communist era — one last impediment to
the full marketization of Europe. While economic and geostrategic
issues were mainly at stake, the Western media cast the Serbs and
their leader, Slobodan Milosevic, as an evil monster prepared to
carry out "ethnic cleansing" and "genocide" to establish Greater
Serbia — a charge that would later be filed against Milosevic and
other Serb leaders at The Hague Tribunal.

As the U.S. and other NATO powers set out to integrate the Balkans
into a neoliberal Europe, the Federal Republic of Yugoslavia (FRY)
was targeted for demolition, framed as an obstacle to democracy
and progress. The Balkans, of course, occupy a crucial geographical
zone linking Europe to the Middle East, a central preoccupation of
Washington as it stepped up its resource agendas in the Persian Gulf
and Central Asia. 16 In November 1990 the U.S. Congress passed
the Foreign Operations Appropriation Law, withdrawing aid and
credits from the FRY and calling for secession by each of the six
republics. Both the World Bank and IMF were pressured to withhold
financial aid at a time when right-wing secessionist forces were
receiving an influx of U.S. and NATO funding. Strong centrifugal
tendencies, bound to tear apart the FRY, would inevitably come
to the fore. With abundant U.S. and German support, anti-Serb
movements gained footholds in 1991 and 1992, first in Slovenia and
then in Croatia and Bosnia. Separatist attacks predictably led to Serb
military responses, denounced in the Western media as "genocidal,"

98 THE CRIMES OF EMPIRE

the product of Nazi-style expansionism and brutality. Meanwhile,
the Franjo Tudjman (Croatian) and Alija Izetbegovic (Bosnian)
regimes were busy carrying out their own, far more ruthless and
systematic, ethnic cleansing operations. In many instances Serbs,
considered fair targets once they were demonized, were expelled
from land their ancestors had occupied for centuries.

In 1992 the first Bush administration fought to push through
economic sanctions against the FRY, succeeding as the U.N. moved
to ban all exports and imports, resulting in financial and social
chaos. Throughout 1992-95 the U.S. gave substantial economic and
military aid to the Izetbegovic forces in Bosnia while helping the
Muslims gain nearly total control of a region inhabited by 30 percent
Serbs — a campaign enthusiastically waged by a regime dedicated
to Taliban-style governance. Most Bosnian military leaders were
trained by the U.S. and fully equipped by the CIA. By 1995 the U.S.
was calling for an extensive bombing campaign in Bosnia, having
already deployed (through NATO) some 20,000 troops there, with
the aim of essentially driving out the Serbs. Meanwhile, in Croatia
the Tudjman regime initiated "Operation Storm" — fully backed
by the U.S. and NATO — designed to aggressively evict Serbs from
the Krajina region where they had deep historic roots, leading to
the bloodiest episode of the decade-long Yugoslav civil wars. In
August 1995 some 300,000 Serbs were forcibly removed from their
homes and the area in an onslaught killing an estimated 14,000
people. Trapped Serbs pouring into Bosnia were massacred in
large numbers by Croatian and Bosnian troops supported by the
U.S. and Germany, an operation planned by Military Professional
Resources, Inc. (MPRI), a Pentagon contractor made up largely of
retired U.S. generals, many of whom had already been helping to
train and assist the Croatian army. Despite its gruesome results,
the offensive was unabashedly endorsed by Clinton's Secretary of
State, Warren Christopher, who defined it as a campaign to fight
"ethnic cleansing." 17 These efforts to destabilize and dismember the
FRY were, not surprisingly, rather successful given the enormous
resources behind them. Military actions of the Milosevic regime,
itself guilty of atrocities as it fought to preserve the integrity of the
FRY, were conveyed in the Western media as simple acts of genocidal
aggression, behavior devoid of political context and motive. But
the historical context belied such simplistic propaganda: the civil
wars were made possible by U.S./NATO proxy campaigns designed
to overthrow a sovereign government that was never involved in
military aggression.

WAR CRIMES BY PROXY 99

By early 1995 the U.S./NATO destabilization efforts had centered
increasingly on Kosovo, where the KLA was already operating
freely in large numbers, thanks to abundant CIA support. Although
Kosovo had been part of Serbia for 600 years, secession was now
pushed hard from both inside and outside, reaching its peak in
1997-99, by which time the KLA had evolved into a military
extension of NATO. The separatist movement carried out terrorist
actions throughout Kosovo, killing hundreds of Serb officials with
the blessing of the Western powers. Possessing a large network
of foreign-supported operatives and a well-entrenched military
apparatus, the KLA leadership chose to deal from armed strength,
rejecting all negotiation offers while pushing full-speed ahead for
total Albanian control of the province. The KLA goal was immediate,
total secession to be achieved by means of military action. 18 Diana
Johnstone writes that "Albanian separatists were able to capture the
ear of the Empire because of their extraordinary eagerness to link
their cause to the advance of NATO at the expense of a Yugoslav
leadership still clinging to notions of national independence." 19

In the U.S., meanwhile, a powerful Albanian lobby worked to
secure Washington support for an ethnic cleansing of Kosovo,
hoping to expel the 270,000 Serbs already victimized by daily
mass evictions, beatings, torture, and other atrocities. These brutal
actions were described in the Western media and related public-
relations campaigns as a form of "humanitarian intervention."
The Serbs and Milosevic were presented, without evidence, as one
of the last bastions of evil on the planet, totalitarian to the core
and fully deserving of being forced out of the region. With the
mounting casualties of Serbs in Kosovo, the harsh Serb military
counter-response — predictable for any government challenged by
militant secessionist forces — was quickly denounced in the U.S. and
Europe as just another sign of "ethnic cleansing." As for the KLA,
its terrorism was fully exempt from such condemnation since its
leaders were, like the Contras in Nicaragua, another example of
heroic "freedom fighters."

In the end, the U.S./NATO proxy war in the Balkans succeeded
after many years of economic, political, and military subterfuge
directed against the FRY, notably the Serbs, who were demonized as
the reincarnation of Nazism. Right-wing and neo-fascist separatists
emerged as heroic defenders of Western civilization struggling
for freedom and democracy against unspeakable tyranny and
"genocide." Liberals and Social Democrats joined conservatives
in this holy crusade. In reality, naked geopolitical agendas were

100 THE CRIMES OF EMPIRE

behind the intervention, facilitating NATO's eastward thrust. The
end result, following protracted U.S. /NATO aerial bombardments
in early 1999, was foreign occupation of Yugoslavia and new
opportunities for Western corporate expansion into the Balkans.
For inhabitants of the former FRY, the outcome was nothing short of
economic and political disaster. Here was a case of proxy warfare —
and the crimes it perpetrated — conducted through a complex merger
of interests: Pentagon, CIA, think-tanks, public-relations firms, the
corporate media, local militias, and European powers. The cost in
lives and resources to a relatively poor region was immeasurable.
While The Hague Tribunal was quick to charge Milosevic and other
Serb leaders with a variety of war crimes, nothing was said about
U.S./NATO military aggression against Yugoslavia in clear violation
of international law, nor about the U.S. waging the kinds of proxy
wars that would be laid at the doorstep of Milosevic and the Serbs.
The U.S./NATO crusade for the break-up of Yugoslavia and
subsequent erosion of Serb power in the Balkans culminated in
the final move toward Kosovo independence in February 2008.
Despite massive Serb protests inside and outside of Kosovo — and
in direct violation of international law — Western powers gave
lucrative assistance to the KLA and other right-wing secessionist
forces in their struggle for a new nation grounded in overwhelming
Albanian identity, but with no basis in any diplomatic or legal
procedures. In reality U.S./NATO military forces had already taken
control of Kosovo, with 16,000 troops in the field and a presence
consolidated at the massive Camp Bondsteel compound, built in
the aftermath of the 1999 aerial attacks. The effective result was
continued U.S./NATO colonial occupation of Kosovo, destined
to become a puppet state serving Western geopolitical interests.
With unilateral recognition of statehood carved out of historic
Serb territory, the U.S. and a few European allies won the "right"
to dispose of the territory as they chose — but it was an outcome
dictated by military and political power. And Kosovo, meanwhile,
was turned into a dependent colony ravaged by violent conflict,
massive unemployment, declining social services, and a growing
mafia underground. 20

ISRAEL: CLIENT-STATE OUTLAWRY

The Israeli occupation of Palestine, with its continuous acts of
military aggression and human rights abuses over several decades,
is surely the most visible (and no doubt most egregious) case of U.S.

WAR CRIMES BY PROXY 101

war crimes by proxy. The state of Israel has in many ways served
as an American imperial outpost in the Middle East, subsidized
by every conceivable form of economic, political, diplomatic, and
military backing — a relationship that is, indeed, sui generis. By the
1990s, thanks to U.S. largesse, Israel possessed the fourth largest
army in the world that, over such a limited terrain, guaranteed a
level of militarism appropriate to an occupying garrison state. Israeli
militarism has helped to bolster an apartheid system marked by
ongoing, flagrant violations of international law: forcible settlement
of land, illegal arrests, torture, relocation of civilian populations,
harsh curfews, killings, assaults on cultural institutions, wanton
bulldozing of homes and property, depriving inhabitants of basic
services needed for survival, and outright military assaults as in
Gaza during early 2009. Such actions involve clear violations of
the Fourth Geneva Convention, along with the UN Charter and
other statutes of international law, but efforts to hold the Israelis
accountable have been regularly blocked by the U.S., ensuring a
worsening occupation of Gaza and the West Bank through repeated
vetoes of U.N. resolutions. Further, as of 2000 there were some 5.5
million Palestinian refugees located in 59 camps, local inhabitants
denied the right to return to their homes in contravention of U.N.
Resolution 194 and general provisions of international law. Perpetual
violence is the logical outcome of this horrid state of affairs. As
Michael Neumann rightly points out: "Israel is the illegitimate child
of ethnic nationalism. The inhabitants of Palestine had every reason
to oppose its establishment by any means necessary." 21

In November 1967 the UN. Security Council unanimously passed
Resolution 242, stating the "inadmissibility of the acquisition of
territory by war" and called for Israeli withdrawal from occupied
territories, that became the basis of an international consensus
opposed only by the U.S. and Israel. Since 1967 the U.S. has been
Israel's reliable weapons supplier and financial patron, accompanied
by a fierce rejectionism regarding the establishment of a Palestinian
state grounded on the universal principle of self-determination.
Over several decades the U.S. has repeatedly vetoed any move
toward a two-state arrangement, the only conceivable solution to
the conflict. Palestinian resistance to Israeli occupation has been
met with sustained force and repression, fully supported by the U.S.
whether Democrats or Republicans were in power. Israeli leaders,
from moderate to extreme, have set out to destroy any vestige of
a Palestinian opposition viewed as nothing but savage terrorism.
To solidify Israeli hegemony a settler movement has been allowed

102 THE CRIMES OF EMPIRE

to flourish — the total number of settlers from abroad growing to
more than 200,000 after 1993 — while East Jerusalem was simply
annexed. Palestinians were condemned to a life of brutal repression
and poverty, with no viable alternative but violent insurrection.
Local uprisings (intifadas) were met with ever more ruthless
crackdowns, arrests, and violence. Meanwhile, Washington has
furnished Israel with more than three billion dollars in aid yearly
on average — the most generous U.S. allocation of foreign funds
anywhere, all based on full, unconditional support. 22

Beneath its celebrated "democracy," the Israeli state was
historically founded on brute force and terrorism leading to an
occupation regime in clear violation of international legality. The
territory expropriated by Israel is stolen land, justified by Zionist
ideology with its phony biblical claims and sustained by a fanaticism
that views the local population as subhuman primitives. A racist
system that degrades those it occupies inevitably rests upon force,
terror, and expulsions — that is, on systematic violation of human
rights. Since 1967 the illegal settlements have served to extend and
deepen Palestinian dispossession, consolidating what has become
the world's largest prison, all made possible by U.S. economic,
political, and military support. To legitimate such criminality, Israel
lays claim to ethnic and religious supremacy rooted in Zionism,
an ideology that glorifies colonial theft of land, appropriation of
resources, and military occupation denying even the most basic
rights to Palestinians. Repeated U.N. votes demanding that Israel
follow the precepts of international law have been repeatedly
opposed by the U.S. and Israel, both nations totally cut off from
standard global norms they so pretentiously champion. 23

According to U.N. reports and comparable statements from
Amnesty International along with other human rights organizations,
the Israeli oppression of Palestinians amounts to an ongoing human
catastrophe — destroying the lives of millions of people without
much hope of political enfranchisement. As Norman Finkelstein
concludes from his careful study of human rights in the region:
"The consensus among human rights organizations ... is that Israeli
security forces have resorted to reckless use of force in the Occupied
Territories, showing callous disregard for human life." 24 The Israeli
Defense Forces (IDF) have routinely employed U.S. -made helicopters
in rocket attacks on civilian populations, part of a strategy of
liquidating those involved in legitimate resistance. The Israelis have
pursued assassination, extrajudicial executions, illegal detentions,
and torture as regular practices all thoroughly documented by

WAR CRIMES BY PROXY 103

Amnesty International and other groups. 25 Checkpoints have been
set up to systematically control the local population, again in full
violation of international law. Those arrested are often deprived of
food and sleep, beaten, given electric shocks, exposed to extremes of
heat and cold, and subjected to other creative methods of torture.
Amnesty International reported thousands of such cases of inhumane
treatment during the 1990s, a reality the Israeli legal system has
come to view as normal. 26 Thousands of Palestinian homes have
been demolished, mostly with U.S. -made bulldozers, to make way
for Jewish settlements that further destroy agricultural land needed
for human food consumption. Among many Israeli massacres were
the indiscriminate assaults on unarmed civilians at Jenin in April
2002, producing hundreds of casualties including what Human
Rights Watch found to be "unlawful and willful killings." 27 The
Israel Supreme Court has consistently given legal approval to IDF
operations that violated international law.

The issue of war crimes here cannot be addressed within
mainstream currents of American politics or jurisprudence since,
as Edward Said observed several years ago, "the systematic
continuity of Israel's 52-year-old [now 60-year-old] oppression
and maltreatment of the Palestinians is virtually unmentionable, a
narrative that has no permission to appear." It is "the last taboo." 28
From 1949 to 2000, the U.S. gave more than $90 billion in foreign
aid and other forms of assistance to Israel, including $5.5 billion
in 1997 alone. There were 18 arms sales to Israel in just the year
2000 alone. Thanks to generous American aid, the Israelis have the
largest fleet of F-16s outside the U.S., integral to their sophisticated
war machine. The Ariel Sharon regime was fully backed by the
U.S., although Sharon was held responsible for a series of atrocities
against Palestinians, including the massacre of possibly 3000
unarmed civilians in the refugee camps of Sabra and Shatila in
September 1982, when Sharon oversaw the mass killings carried
out by the Christian Phalange. Sharon was obsessed with destroying
Palestinian resistance, whatever the horrors brought to the targeted
population. Not only was Sharon given reprieve from having to face
any war-crimes tribunal, his subsequent election as Israeli Prime
Minister was greeted (in both the U.S. and Israel) as a great event,
said to be the triumph of a creative statesman and man of peace.

As defense minister in Menachem Begin's government, Sharon
was the army commander who led the 1982 invasion of Lebanon
with the intent of demolishing the PLO infrastructure and other
vestiges of Palestinian political and cultural resistance. Toward that

104 THE CRIMES OF EMPIRE

end the Israelis bombed civilian populations at will, took over nearly
half the country, destroyed most of Beirut, and left the country in
shambles. The invasion itself was, of course, a crime against peace.
Outnumbering PLO fighters by twelve to one, the Israelis mobilized
172,000 troops, 3500 tanks, 4000 armored personnel carriers,
and 602 combat aircraft — all reinforced by a constant infusion of
U.S. funds and equipment. 29 In a bloody 67-day campaign dubbed
"Peace for Galilee," Israel attacked urban centers, destroying
homes, schools, hospitals, and whatever else could be targeted.
The human toll: an estimated 20,000 killed, tens of thousands
wounded, and 600,000 people driven from their homes. The Israelis
attacked refugee camps with abandon for "harboring terrorists."
Terror weapons were used, including incendiary devices and anti-
personnel bombs. 30 During the siege of Beirut, moreover, Israel
set up a blockade to cut off supplies of water, food, medicine, and
energy sources — yet another crime against humanity. At the end of
this one-sided "war," aside from the aforementioned refugee camp
massacres, the IDF systematically targeted unarmed civilians in
flight along roads of escape from the warfare. 31

The U.S. -Israel client-state relationship is solidified and
legitimated by the indefatigable and well-financed work of the
Israel lobby comprised of groups like AIPAC, the Jewish Institute
for National Security Affairs (JINSA), the Washington Institute
for Near East Policy (WINEP), the Zionist Organization of
America (ZOA), various Christian Zionist organizations, and the
Israel Policy Forum (IPP) with crucial support from think-tanks
like AEI, Project for a New American Century (PNAC), and the
Hudson Institute — a political force massively documented by the
work of John Mearsheimer and Stephen Walt in The Israel Lobby
(2007). As the authors show, the lobby has powerful influence
throughout American political culture, as illustrated by the fact that
both Democrats and Republicans have adopted virtually identical
policies on the Middle East. Above all this means unwavering and
unconditional Washington support for Israel across the board:
rejection of a viable two-state solution, tacit acceptance of new
Jewish settlements in violation of international law, silence regarding
the erection of barricades and walls, support for military aggression
in Lebanon in 2006 and Gaza in 2009, willingness to go along with
the unlawful occupation of Palestinian lands, refusal to deal with
daily human rights violations such as home demolitions and the
detention of thousands of prisoners without due process, and huge
shipments of economic and military aid. As Mearsheimer and Walt

WAR CRIMES BY PROXY 105

further argue, it was this combination of powerful forces — Israeli
leaders, the U.S. Israel lobby, and neocons within the Bush adminis-
tration — that was probably decisive in Washington's move to carry
out "regime change" in Iraq. 32 Although U.S. imperial maneuvers in
the Middle East, widely understood to greatly benefit Israel's own
power ambitions, have explosive implications for world politics,
such maneuvers have achieved such a level of bipartisan support in
American politics that debate is routinely closed off.

The power of the Israel lobby is such that it can push the U.S. into
behavior that sometimes apparently conflicts with its own (American)
strategic interests. Consistent support for Israeli oppression and
disenfranchisement, for example, reinforces blowback across the
Middle East and the world, fueling the very terrorism that the joint
"war on terror" is supposedly meant to counter. Hypocrisy and
double standards constantly visible at the United Nations only serve
to undermine any pretense to democracy and human rights. While
the U.S. pours tens of billions of dollars into the Israeli war machine,
it vetoes dozens of U.N. Security Council resolutions condemning
Israel — more than all other vetoes combined. The General Assembly
has passed a similar number of resolutions condemning Israeli
behavior, every one of them opposed by the U.S. 33 The U.S. has
provided Israel with sophisticated high-tech weapons while helping
cover for its "secret" nuclear-weapons program, all the while
threatening Iran for its yet-to-be proven WMD enterprise. Israel
operates active chemical and biological weapons projects that, as
in the case of its nuclear stockpile, resist any external monitoring
because the nation does not subscribe to any WMD treaties.

As for the ostensible moral basis of U.S. support for Israel, it is
nonexistent — a point elaborated by Mearsheimer and Walt. Thus:
"There is no compelling moral rationale for America's uncritical
and uncompromising relationship with Israel ... Given Israel's
brutal treatment of the Palestinians in the Occupied Territories,
moral considerations might suggest that the United States pursue
a more evenhanded policy toward the two sides, and maybe even
lean toward the Palestinians." 34 Later in the text the authors take a
sharper position: "if the United States were to choose sides on the
basis of moral considerations alone, it would back the Palestinians
not Israel." 35 Insofar as Palestinians have been victims of land theft,
social oppression, political disenfranchisement, and military assaults
from the beginning, U.S. participation in Israeli outlawry further
subverts any possible moral case, instead making the U.S. fully
complicit in ongoing criminal behavior. The idea that Washington

106 THE CRIMES OF EMPIRE

represents some kind of "neutral arbiter," balancing the interests of
two equally powerful and blameworthy sides, constitutes another
preposterous myth: U.S.-Israeli collaboration extends to politics,
economics, the military, and intelligence, with Washington most
often serving as "Israel's lawyer" at the U.N. and other international
venues. This cozy relationship simply reinforces blowback across the
Middle East and represents by far the biggest source of terrorism in
the world today. Sayyid Muhammed Hosayn Fadlallah, a Hezbollah
leader, said in 2002: "I believe that America bears responsibility
for all of Israel, both in its occupation [and] in all its settlement
policies ... America is a hypocritical nation ... for it gives solid
support and lethal weapons to the Israelis, but gives the Arabs and
the Palestinians [only] words." 36 These sentiments have become
nearly universal outside Israel and the U.S.

What further worsens this state of affairs has been the lobby's
tenacious push for war against Iraq and Iran, both states having
long been viewed as obstacles to Israeli power in the Middle East — a
stratagem not to be confused with spreading democracy or even
fighting terrorism, much less curbing WMD proliferation, as both the
U.S. and Israel are perfectly content to strengthen their own nuclear
presence in the Middle East. 37 Mearsheimer and Walt show how the
drive toward war against Iraq and Iran has been a staple discourse
of both Israeli political culture and neocon ideology going back
to the early 1990s if not before. They differ with the conventional
thesis that oil was the main catalyst behind U.S. intervention in
Iraq — a point that would seem even more persuasive in the case of
Iran. While it is easy to show that the Israel lobby and the neocons
pushed hard for war against Iraq, evidence is more difficult to locate
when it comes to the supposed role of fossil-fuel corporations,
although without doubt many have benefited from the venture. 38
In any event, the joint U.S.-Israeli strategy for "transforming" the
Middle East envisions joint domination of the region, a criminal
project destined to cause immense human suffering and a further
descent into lawlessness, militarism, and terrorism.

Given the sway of American global power, international bodies
such as the U.N. and the International Criminal Court have been
thwarted when it comes to legally confronting outlawry in the
Middle East. Alvaro de Soto, a former U.N. envoy to the Middle
East, warned in a report that the world organization had allowed
itself to be "pummeled into submission" by U.S. pressure to favor
Israel at every turn. He said efforts to deal with the Israel-Palestinian
conflict were nothing but "side-shows" — fraudulent negc

WAR CRIMES BY PROXY 107

meant to go nowhere. 39 Among his many complaints, de Soto
lamented U.N. orders blocking him from engaging Syria and the
duly-elected Hamas government in Gaza as part of peacemaking
efforts, a move generally seen as crucial to any success. De Soto
wrote that the U.N. Middle East diplomatic process "has become
strategically subservient to the U.S. policy in the broader Middle
East, including Iraq and Iran." 40 He cited a "heavy barrage" of
pressure from National Security Council official Elliot Abrams (a
leading neocon), among others, to isolate Hamas or face prospects
the U.S. would withhold its U.N. dues — a common blackmail
ploy used by Washington at the U.N. De Soto concluded that the
(illegal) economic sanctions imposed on the Palestinians owing to
U.S.-Israeli pressure were myopic and "devastating" for the civilian
population, and subversive of any peace process.

In summer 2006 — having ended its occupation of southern
Lebanon in 2002 — the Israelis carried out yet another round of
sustained military attacks on Lebanon, this time on the pretext that
the militant organization Hezbollah abducted three IDF soldiers.
This assault was equally fierce although of shorter duration, killing
1200 Lebanese (mostly civilians), displacing tens of thousands, and
ruining much of the nation's public infrastructure. Israel waged a
continuous air campaign and fired 160,000 artillery rounds into areas
of concentrated population, destroying several villages — here with
the intent of annihilating the core of Hezbollah opposition which,
militarily speaking, far exceeded PLO power in the early 1980s.
During the 2006 campaign Israel dropped cluster bombs on a vast
scale, leaving some 100,000 unexploded devices scattered across the
countryside. U.N. teams identified more than 700 cluster-bomb sites,
about 90 percent of them hit in the final few days of warfare when
the only purpose could have been punitive — an assault designed
to punish local inhabitants for their support of Hezbollah. 41 In the
midst of this brutal campaign the U.S. House passed a resolution
offering unconditional support for Israel and praising its efforts
to "minimize civilian losses," while also blocking all international
moves toward a ceasefire. At the same time, Washington provided
Israel with $200 million in jet fuel along with new supplies of bombs
and missiles to reinforce its firepower. That this "war" turned out
to be a miserable failure does not ameliorate its gross criminality.

Sadly, the horrors were destined to continue: in January 2009
the Israelis conducted a murderous assault on the Gaza strip lasting
nearly a month, justified as retaliation for Hamas rocket attacks
(mostly sporadic and harmless) into Israel. The attack produced

108 THE CRIMES OF EMPIRE

nearly 7000 casualties, mostly civilians who could not escape the
brutal, multi-tiered, round-the-clock operations of the IDF. One
of the world's most powerful war machines battered a helpless
population into submission, attacking homes, office buildings,
schools, hospitals — anything that moved — while telling the world
that painstaking attempts were being made to avoid civilian losses.
The lengthy Gaza blockade had already reduced a poor, desperate
population to further misery. The apparent Israeli goal was to
destroy the social foundations of Hamas, a political organization
that Israel and the U.S. had long defined as "terrorist" even after
its fairly won election in early 2006. While Israel claimed to be
exercising the right of self-defense, no such right was permitted
Gazans long trapped in a miserable open-air prison — though
resistance to an illegal occupation was entirely legitimate.

Using F-16 planes, attack helicopters, tanks, and armored
bulldozers — mostly supplied by the U.S. — along with large-scale
infantry units, the Israelis spared nothing in their drive to annihilate
Palestinian resistance. Every possible civilian structure was attacked,
including such "targets" as a United Nations food warehouse in
Gaza City. A Los Angeles Times story from the small Gaza town
of Khozaa reported such disturbing horrors as Israelis slaughtering
groups of civilians who displayed white flags of surrender in open
space. The IDF fired indiscriminately on civilians, including women
and children, attacked ambulances and other medical emergency
crews, conducted all-night barrages against residences, shot
randomly at fleeing civilians, bulldozed dozens of homes, and used
inhumane weapons, leaving in their wake three days of carnage
visited on a population trapped, with nowhere to go. Reporters
found noxious signs of white phosphorous throughout Khozaa,
with scores of people seared and killed by the banned chemical.
Everything was carried out with sadistic brutality. Observing one
bulldozer demolishing homes, the reporter writes: "He picked up
the side of the house like it was a box of matches ... We could see
the bulldozer driver chewing gum and smiling like it was all a
game." 42 Streets, buildings, and morgues were left with dead bodies.
Emotional charges of war crimes came from even within the Israeli
military, replete with accounts by soldiers of indiscriminate killing
of civilians — many trapped in their homes, with nowhere to hide
or run. In narrative accounts carried throughout the Israeli media,
soldiers reported wanton assaults in densely populated areas of
Gaza, saying the predominant Israeli attitude was that anyone
in sight must be a "terrorist." Said one IDF member: "I call this

WAR CRIMES BY PROXY 109

murder. We were supposed to go up floor by floor [in an apartment
building] and any person we identified, we were supposed to shoot."
According to another soldier: "The attitude is very simple. It isn't
pleasant to say, but no one cares at all. We aren't investigating this.
This is what happens during fighting. " Rules of engagement were
apparently jettisoned altogether. 43

The Gaza invasion came after nearly two years of another
criminal Israeli operation — a military-enforced blockade depriving
inhabitants of food and medicine along with the materials and
equipment needed for infrastructural essentials like water, sewage,
and electricity. According to international law, this was an act
of war, all the more egregious in a situation where civilians end
up as the deliberate targets. Thanks to the blockade, an already
crowded, impoverished, oppressed population had been weakened
and demoralized even before the Israeli invasion. Evidence suggests
the Gaza population was being targeted simply for being Palestinian
(and resisting), hardly surprising given that they were long ago
reduced to subhuman status within Zionist ideology. The miseries
of mass internment were given added barbaric dimensions by the
Israeli leadership — the very context, incidentally, in which the
(largely futile) Palestinian resistance was organized. This flagrant
Israeli campaign, approved fully by Washington, received little if any
attention within the American political and media establishment,
where Israel's "right to self-defense" was the dominant refrain,
while Hamas was demonized for its reliance on violence and
"terrorism" at a time when Gaza residents were enduring thousands
more casualties than Israeli soldiers, not to mention devastation of
their communities. Following the bloodbath, the Israeli population,
shifting ever rightward, expressed nearly unified support for the
invasion: 94 percent were behind it, while right-wing nationalists
scored dramatic gains in the February 2009 national election that
resurrected the leadership of the militarist Benjamin Netanyahu.

The Israeli operation was criminal at several levels: civilian targets
were attacked randomly and indiscriminately; inhumane weapons
were used; collective punishment was meted out; obligations of an
occupying power not to harm inhabitants under its control were
flaunted; and clearly the entire campaign was a crime of aggression —
all supported, indirectly and directly, by American power. And of
course the cruel blockade and sanctions were equally illegal. After
27 days of carnage, calls for Israeli government and military leaders
to be prosecuted for war crimes surfaced around the world, as
facts of the carnage became widely known and outrage spread.

110 THE CRIMES OF EMPIRE

The International Criminal Court processed hundreds of requests
to move against the Israelis, some of its leading jurists indicating
the ICC would conduct an independent probe of the Gaza events.
Luis Moreno-Ocampo, ICC chief prosecutor, seemed ready to bring
the Israelis to justice despite the Palestinians' lack of statehood and
the crucial fact that neither Israel nor the U.S. subscribe to the ICC,
meaning that both theoretically retain immunity from prosecution.
The Israelis, for their part, were desperately seeking to head off
inquiries, promising to hold their own internal investigation while
denouncing Hamas as a terrorist dictatorship (signifying, in effect,
that the Palestinians should have no legal standing). As for the ICC,
any rulings over jurisdiction regarding war crimes could take years
as the Palestinians, in both Gaza and the West Bank, continue their
saga of brutalized occupation.

PERPETUAL WAR

War crimes by proxy are the natural outgrowth of U.S. geopolitical
agendas around the world that, in most cases, converge with the
interests of local elites. The struggle is nowadays reinforced and
legitimated by the war on terror and the persistent aftershocks of
9/11 likely to ensure an era of permanent warfare, with U.S. military
engagement often likely to be indirect — that is, waged through
proxy campaigns. These campaigns have less to do with national
defense, the export of democracy, or even the fight against terrorism
than with imperial goals shaped above all by mounting resource
wars. American proxy interventions were widespread during the
Cold War, although Washington support for Israeli militarism across
several decades transcends the familiar anti-Communist or counter-
insurgency politics. Eclipse of the Cold War has brought terrorism,
especially that linked to the Middle East, into clearer focus. In any
event, the U.S. has shown it will back virtually any government,
party, movement, or group that can advance its geopolitical interests,
regardless of ideology or human rights record.

Proxy operations can be set in motion to overthrow ruling
governments standing in the way of U.S. interests (as in Nicaragua,
Afghanistan, and Yugoslavia) or to support dominant groups
seeking to eradicate oppositional forces (as in Palestine, Indonesia,
Guatemala, and Colombia). Immense financial and military
resources, often secretly allocated, have been poured into such
operations. Targeted groups (in or out of power) are systemati-
cally demonized through efforts of government, the mass media,

WAR CRIMES BY PROXY 111

think-tanks, and public-relations campaigns, so that popular
consent can be manufactured for any U.S. military operation that
the elites decide to pursue. The overall thrust of U.S. proxy warfare,
moreover, wherever it is carried out, has been to bolster authoritarian
and militaristic elements against local popular forces; it has been
manifestly anti-democratic. The methods of proxy warfare devised
by Washington have been exhaustive: military and police training,
arms sales, logistics, blockades and sanctions, covert action,
combat "advising," general financial aid, a multitude of terrorist
schemes (torture, assassination, death-squad massacres, etc.). Proxy
campaigns include the kind of conventional battlefield activity that
Washington is widely known to prefer. U.S. arms merchants have
delivered untold tens of billions of dollars worth of equipment and
weapons to actors responsible for mass atrocities, from Asia and the
Middle East to Central America. In virtually every case, moreover,
those involved in proxy operations must be judged just as guilty
of war crimes as the immediate perpetrators themselves. (In the
case of Israel, its illegitimate status as an occupying force already
constitutes a violation of international law, which essentially dictates
repressive and violent measures needed to sustain the occupation.)
And the various combat and quasi-combat methods used for proxy
warfare amount to war crimes as defined by international law,
though rarely have the U.S. political and military leaders complicit
in such violations been held criminally accountable.

4

Weapons of Mass Destruction

Nowhere is U.S. international outlawry more visible, more
outrageous, and more destructive than in the arena of what is often
misleadingly labeled "weapons of mass destruction." And nowhere
are the fairy tales about noble intentions and righteous policies
more outlandish. After the 9/1 1 terrorist attacks the Bush admin-
istration became obsessed with the supposedly imminent threat of
WMD, manipulating that "threat" into a pretext for war against
Iraq and possible ("preemptive") military strikes against North
Korea and Iran. Amid this warmongering the U.S. remains by far the
biggest champion of WMD in the world — producing, stockpiling,
deploying, and indeed using more of this weaponry throughout
the postwar years than all other nations combined. It is the only
state to embrace WMD in its myriad forms (including nuclear) as
a continuing linchpin of military strategy, a vital element in its goal
of world supremacy.

Most historical definitions of WMD refer to warfare that
involves both indiscriminate and large-scale attacks in which the
destruction of civilian populations and targets is an inevitable,
largely unmanageable, outcome of the military operations in
question. The term was first adopted to describe German aerial
bombardments of Guernica, Spain in 1937 that killed one-third of
the civilian population. The idea of "mass destruction" was later
meant to include distinctly non-conventional weaponry — chemical,
biological, and nuclear — that was said by definition to kill indis-
criminately and was, therefore, widely regarded as a violation
of humane laws of armed combat. In a 1947 speech, J. Robert
Oppenheimer, head of the World War II Manhattan Project,
referred to the U.S. atomic bombings of Hiroshima and Nagasaki
as the most horrible instances of mass-destructive force ever used
in warfare. Since the late 1960s the arms-control community has
regularly employed WMD phraseology, generally stressing nuclear
weaponry that was understood to be an unthinkable military option.
At the time of the first Gulf War — and then during the build-up to
the 2003 U.S. invasion of Iraq — Washington resurrected the grave

WEAPONS OF MASS DESTRUCTION 113

menace of WMD to legitimate its targeting of a Hussein regime
said to be awash in chemical, biological, and nuclear weapons
programs. In 1990 the supposed horrors of Iraqi WMD provided
the foundation of a U.N. sanctions policy that would last until 2003.
While there are no explicit prohibitions against nuclear weapons
(either their production or use), WMD in general are regulated
directly or indirectly by a long series of international laws and
treaties: Nuclear Non-Proliferation Treaty (NPT), Anti-Ballistic
Missile treaty (ABM), Chemical Weapons Convention (CWC),
Biological Weapons Convention (BWC), Outer-Space Treaty (OST),
and Comprehensive Test Ban Treaty (CTBT), along with relevant
statutes in the Geneva Conventions.

The larger issue of just how to define weaponry with the potential
for mass destruction, however, turns out to be more complicated
than the label "WMD" presently suggests. It transcends the simple
discursive framework preferred by the major powers and their
opinion leaders. Using objective criteria, it would have to extend
well beyond the familiar triad "nuclear, biological, and chemical."
The U.S. military itself has defined WMD as "weapons that are
capable of a high order of destruction and/or of being used in such
a manner as to destroy large numbers of people. Weapons of mass
destruction can be high explosives or nuclear, biological, chemical,
and radiological weapons." 1 U.S. civil defense organizations have
understood WMD to include explosive and incendiary weapons, as
well as weapons that release radiation at levels dangerous to human
life, while the FBI considers WMD to be any weaponry that results
in "overwhelming local responders." In March 2006 jurors at the
Zacarias Moussaoui death-penalty trial were told to define WMD
to include "airplanes used as missiles." It follows that, according to
these rather standard interpretations, not to mention any reasonable
account of how warfare impacts human beings, our understanding
of WMD must extend far beyond non-conventional weaponry.
Thus "indiscriminate" and having a "high order" of consequences
likely to "overwhelm local responders" must obviously include a
wide range of generally regarded conventional methods of war,
which indeed have produced casualties (both civilian and military)
in much greater numbers than all non-conventional WMD used
across history. Further, a broadened definition would have to
include cases where economic sanctions have amounted to extraor-
dinarily harsh warfare directed against targeted countries, such
as the U.S. and Britain unleashed (under U.N. auspices) on Iraq
between 1991 and 2003.

114 THE CRIMES OF EMPIRE

For our purposes, therefore, it will be useful to identify five
distinctive types of WMD, all of which continue to pose major
threats to local populations and, in some cases, to the planet itself.
These instruments of war have awesome destructive power in at
least three respects: the boundaries separating combatants and
civilians are by definition obliterated; the potential for human
casualties (again, both military and civilian) is typically massive;
and the environmental impact can be devastating and longstanding.
Of the five types of WMD — nuclear, biological, chemical, high-order
conventional, and sanctions — to date only biological and chemical
warfare have been explicitly outlawed; the use of nuclear and
conventional weaponry (for example, saturation bombing), as
well as peculiarly cruel instances of economic sanctions, violates
international law specifically in the sense it can be deemed "wanton
destruction," where civilians are either directly targeted or are
likely to suffer harm disproportionate to any conceivable military
objectives. Likewise, while such objectionable weaponry as ordnance
tipped with depleted uranium (DU), napalm, white phosphorous,
and anti-personnel bombs might not be strictly banned, their
battlefield deployment can be viewed as illegal once the issue of
wanton destruction is addressed.

The U.S. alone among nations has used all forms of WMD
and, since 1945, is the only state to incorporate such awesome
weaponry into its military strategy. Even today, while lecturing
other nations, Washington is moving to upgrade and streamline its
nuclear arsenal — a bulwark of Pentagon doctrine since World War
II — as outlined in the 2002 Nuclear Posture Review 2 This particular
hypocrisy seems endemic not only to the Bush administration but to
the larger requisites of Empire, a special privilege that comes with
superpower status. U.S. exceptionalism, while deeply embedded
in history, contains its own pervasive contradictions, one being
that an ethos of hypocrisy and double standards works against
national (and therefore global) security, undercutting prospects for
international arms control. Geopolitical priorities dictate a U.S.
obsession with WMD, meaning the production, stockpiling, and
deployment of arsenals dependent on technological innovation,
desire for military flexibility, preemptive warfare, and prospective
militarization of space. Key to this approach, which transcends the
war on terror, is the capacity of Washington to intimidate or repel
by violence any challenger that might appear on the world scene.

This chapter focuses mostly on nuclear weaponry, with some
n devoted to chemical and biological warfare along with the

WEAPONS OF MASS DESTRUCTION 115

s policy imposed (under UN aegis) on Iraq. The wanton
death and destruction caused by U.S. military operations against
civilians was thoroughly detailed in Chapter 2 and requires little
recapitulation here. We have seen, for example, how saturation or
"strategic" bombardment has been a cornerstone of U.S. military
actions since the final months of World War II, when American
planes destroyed more than 60 Japanese cities using incendiary
bombs and then, in the case of Hiroshima and Nagasaki, brought
about the world's first (and so far only) nuclear holocaust — all with
minimal significance for the military outcome. Since 1945 such aerial
terrorism has evolved into a central instrument of U.S. air-force
operations, used to devastating effect in Korea, Indochina, the
Balkans, and Iraq, leaving a death toll of several million people. The
Pentagon has frequently resorted across large swathes of territory
to such high-impact conventional weapons as incendiary devices
intended to burn humans, 15,000-pound fuel-air explosives (FAEs)
that destroy nearly as much as tactical nukes without the radiation,
and cluster bombs designed to kill and maim large numbers of
people in a single blast. Such weaponry has been used in World
War II, Korea, Indochina, Iraq, Yugoslavia, and Afghanistan, more
or less with impunity.

ECONOMIC SANCTIONS: TERROR BY OTHER MEANS

Warfare by means of economic sanctions has been used extensively
by the U.S. against such nations as Cuba and Yugoslavia but was later
elevated into a far more deadly instrument against Iraq. While not
traditionally regarded as a form of WMD, the brutal consequences
of long-term sanctions for civilian populations can exceed anything
so far attributed to chemical, biological, and even nuclear weaponry
combined. In the case of Iraq, the U.S. managed to push through
and then stubbornly enforce a cruel sanctions regime, legitimated
by the U.N. between 1991 and 2003 basically as an extension of
the first Gulf War — a continuation of warfare by other, supposedly
more "refined," methods. For both Clinton and Bush the sanctions
regime became a useful tool of geopolitical strategy in the build-up
to war and the overthrow of the Hussein government. Already
severely weakened by two wars, the Iraqi public infrastructure was
devastated after years of sanctions that blocked imports needed for
water facilities, electricity, food production, sanitation, and health
care. The policy was overwhelmingly punitive, designed to weaken
the material and social supports of the Ba'ath Party, ostensibly

116 THE CRIMES OF EMPIRE

to force disarmament in accordance with U.N. resolutions — well
after reports (in the mid 1990s) indicating that Iraq was largely
disarmed and no longer posed a threat to its neighbors much less
the distant U.S.

Despite pressure from around the world, including Security
Council members Russia, China, and France, the U.S. refused
to lift sanctions even after reports of the terrible civilian losses.
In fact Washington pursued sanctions in conjunction with other
instruments of warfare after 1990: recurrent bombings, sabotage,
covert action, assassination attempts, surveillance, and so forth.
With no justification beyond simple punitive zeal, the U.S. was able
to impose the most debilitating sanctions regime in history, leading
to economic collapse, massive unemployment, destruction of social
services, terrible human casualties, disease, misery, and death. By
2002 the U.N. estimated that 5000 Iraqi children under five were
dying on average each month, with the overall death toll reaching
upwards of 500,000 — mass murder of near-genocidal proportions
by any reckoning. As Joy Gordon wrote: "U.S. policymakers have
effectively turned a program of international governance into a
legitimated act of mass slaughter." 3 Three U.S. administrations —
under the two Bushes and Clinton — can share credit for the human
catastrophe. A sanctions policy responsible for such unspeakable
death and destruction clearly violates Article 54 of the Geneva
Convention (1977 Additional Protocol) that prohibits devastation
of objects vital to the survival of civilian populations — a point
elaborated more fully in Chapter 2.

Looking at the case of Iraq, therefore, a deliberate program
of ruination through economic sanctions must be understood as
warfare by other methods, ostensibly more legitimate but in reality
more horrific. When U.N. observers predicted, and later discovered,
conditions of "unbelievable catastrophe," the Washington elites
ignored everything and pushed ahead with their agenda of regime
change, indifferent to the costs to the Iraqi people. Once in place
the sanctions could not be lifted until the U.S. relented — something
that sadly never happened. Long after Hussein's military had been
severely weakened, the U.S. continued to block even the most
obviously humanitarian needs under the guise of denying Iraqis
"dual-use" imports that might conceivably be adapted to military
purposes. Reviewing the documents, Gordon concluded that the U.S.
"has fought aggressively throughout the last decade to purposefully
minimize the humanitarian goods that enter the country. And it has
done so in the face of enormous human suffering." 4 Here, in the

WEAPONS OF MASS DESTRUCTION 117

guise of fighting the most terrible instance of WMD proliferation — a
chimera from the outset — the U.S. carried out a sustained program
of material and psychological ruination resulting in at least triple
the human casualties produced by the two atomic bombings of
Japan, a legacy that, as Gordon rightly observes, "is unlikely to be
either forgotten or forgiven." 5 We now know, of course, that in the
end sanctions worked quite efficiently for the U.S. war planners,
paving the way toward the invasion, regime change, and occupation
of a nation that had long before ceased to pose a credible threat
to anyone.

THE NUCLEAR MADNESS CONTINUES

Within the historical rubric of WMD, the most awesome and
planet-threatening weapons are beyond doubt nukes, first tested
and used in 1945 and continuously refined by a growing atomic
club ever since. We know that the U.S. dropped two atomic bombs
on Japan at the end of World War II, just days before capitulation,
producing entirely unnecessary wanton destruction of civilian
targets. With the onset of the Cold War the U.S. rushed to further
develop its nuclear capability and laid out a strategic doctrine tied
to a first-strike option. 6 By the early 1950s the Pentagon shifted to a
perpetual ready-alert status, prepared to rain more than 800 Hiro-
shima-type bombs on the USSR, embellishing its power to destroy
human civilization on earth several times over. In March 1954 the
U.S. detonated the hydrogen bomb "Bravo," with a force of 15
megatons — the explosive power of 1200 Hiroshimas — elevating
the nuclear epoch to new levels of fright and horror and further
obliterating any limits to modern warfare. In Sven Lindqvist's
view, U.S. embrace of the threat of nuclear annihilation could in
part be explained as a product of certain white-male ruling-class
fantasies with roots in Wild West mythology. 7 In any event, the
Armageddon-style policies established by Washington and followed
by Soviet leaders during the Cold War remained in force throughout
succeeding decades, backed by increasingly massive and flexibly
deployed nuclear power. 8 There is evidence that the U.S. either
threatened or seriously considered use of nuclear weapons numerous
times in the postwar years — most notably to break the Korean
stalemate and during the Cuban missile crisis.

In 1968 most nations of the world signed the Nuclear Non-
Proliferation Treaty (NPT), but this did little to stop the U.S. from
augmenting its warhead stockpile from 4500 to nearly 10,000

118 THE CRIMES OF EMPIRE

within a decade, an arsenal regularly modernized since. Far from
renouncing nuclear warfare as unthinkable, as inherently barbaric,
the U.S. (under all postwar presidents) has been fully dedicated
to absolute strategic domination in this realm — one reason
Washington is today increasingly rejectionist in its attitude toward
antiballistic and other arms-control agreements at a time when it
looks to militarize outer space. 9 Since the late 1940s U.S. leaders
have fought consistently and strenuously against outlawing nuclear
weapons although, in sweeping aside crucial distinctions between
combatants and civilians — indeed in targeting civilian populations
as such — nuclear weapons must be regarded not only as immoral
but as illegal according to any sane rules of military engagement.
Yet, as of 2009, the U.S. had manufactured and deployed more
nuclear bombs and missiles than all other nations combined, still
possessing at least 10,000 warheads. Meanwhile, the Pentagon has
steadfastly adhered to the strategy of nuclear first-use while simul-
taneously embracing plans for the development of a new generation
of mini-nukes designed for warfare in the age of global terrorism.
In the sphere of WMD, nuclear warfare stands alone in its
unbelievable destructive power — at present it is the only form of
military conflict that could place the entire planet in danger. It is the
one truly doomsday threat, a superweapon capable of destroying
"friends" and "enemies" alike. The U.S. from the outset insisted that
nukes ought to be considered just another instrument of modern
warfare. In 1945 President Truman apparently had no doubts
about whether to use atomic bombs against Japan, relying almost
exclusively on the advice of a committee chaired by Secretary of
Defense Harold Stinson, which recommended using the weaponry
against urban civilian populations without warning. For Truman
the newly created nuclear devices represented a great superweapon
that could destroy the enemy, bring peace, and deter future wars.
As is now well known (though was kept secret at the time), the
bombs were aimed at the heart of two cities possessing scant
military significance, with immediate death tolls nearing 200,000
and later deaths from radiation adding several tens of thousands
to that total. Although the Japanese had months before offered to
surrender, Truman and Stinson argued that atomic warfare had to
be unleashed in order to avoid a U.S. invasion of Japan and thus
save perhaps a million lives. While Truman justified the bombings as
necessary to pacify a "cruel and uncivilized nation of beasts," most
armed-forces leaders had great misgivings. Thus Admiral William
D. Leay, Chairman of the Joint Chiefs of Staff, said in late 1945:

WEAPONS OF MASS DESTRUCTION 119

"the use of this barbarous weapon at Hiroshima and Nagasaki was
of no material assistance in our war against Japan. The Japanese
were almost defeated and ready to surrender. In being the first to
use it, we adopted an ethical standard common to the barbarians
of the Dark Ages." 10 It was Truman, moreover, who once again
threatened to drop atomic bombs to break the military impasse in
Korea after 1950. u

The U.S. nuclear posture in the early twenty-first century has,
amidst much self-righteous posturing about the evils of WMD,
signaled a dramatic escalation of the world-wide nuclear danger. 12
The U.S. and Russia combined possess an estimated 20,000 atomic
weapons, the vast majority directed at each other. (A strange reality:
despite all the alarms heard in the media about rogue states,
terrorists, and the famous "axis of evil," the U.S. in 2007 had
more than 90 percent of its warheads targeted on Russia — one
of the bizarre legacies of the Cold War nuclear standoff.) While
fiercely opposed to the spread of WMD to countries designated
as enemies — Iraq, Iran, North Korea — the Bush administration,
following earlier U.S. policies, actually contributed mightily to
nuclear proliferation, rendering its official policies and statements
nothing short of fraudulent. It did so by (1) refusing to move toward
any form of nuclear disarmament; (2) reinvigorating its longstanding
plans for national missile defense (NMD), part of which augurs the
heretofore prohibited weaponization of space; (3) continuing its
own Cold-War established first-strike strategy; (4) developing a
new generation of "bunker-buster" mini-nukes; (5) formulating
several contingency options for use of nuclear weapons; and (6)
aiding the nuclear programs of "friendly" nations (for example,
India) through technological assistance and material transference.
In virtually every one of these areas the U.S. stands alone in clear
violation of the NPT as well as other treaties.

In 2002 President Bush and Russian leader Vladimir Putin
signed the Moscow Treaty, ostensibly to control production and
deployment of nuclear weapons by the two powers — heralded in the
American media as a great move toward disarmament. The treaty,
however, turns out to be illusory: as part of the agreement the U.S.
wound up scrapping all binding arrangements that had involved
strict limits and regular inspections in favor of one that is largely
unilateral, voluntary, and devoid of monitoring provisions. With
these accords all categories of nuclear warheads and delivery systems
are left essentially uncontrolled — precisely what the Bush adminis-
ti preferred. Meanwhile, the U.S. turned away from the CTBT

120 THE CRIMES OF EMPIRE

provisions, possibly anticipating the need for future testing of its
new cycle of nukes, and junked the 1972 ABM treaty that imposed
limits on nuclear development. After 9/1 1 Bush deftly manipulated
the "war on terror" and the menace of foreign enemies in order
to expand the Pentagon's overall strategic (including nuclear)
capabilities. The existing U.S. stockpile was modernized, funding
for new programs was requested (though often turned down), new
targets were identified, and first-strike options reaffirmed. Further,
under Bush the U.S. moved to integrate nuclear weaponry into
its broader strategic framework, marked by renewed flexibility
that smaller, presumably more "usable," nukes would give the
Pentagon in confronting a new era of warfare. Such flexibility (both
standard and WMD) lies at the core of an increasingly aggressive,
integrated global military strategy. As Helen Caldicott writes: "A
huge conventional and nuclear arsenal allows America to do what
it will around the world with impunity — it is the iron hand in the
velvet glove of U.S. corporate globalization." 15 Whether an Obama
presidency chooses to depart from this pattern remains to be seen.
Recognizing the limits of a nuclear strategy grounded in the
postwar balance of terror, with its long-range delivery systems
and mutually assured destruction (MAD), Bush and Secretary of
Defense Donald Rumsfeld looked toward a more fluid, balanced
stratagem mixing strategic and tactical, fixed and maneuverable,
long-distance and battlefield, offensive and defensive systems
within a paradigm of more viable nuclear options appropriate the
current defense of Empire. This was the essence of the Pentagon's
2001 Quadrennial Defense Review and the subsequent Nuclear
Posture Review, which in 2002 outlined new strategic and tactical
departures for the post- 9/11 global milieu. Not only did the Nuclear
Posture Review stipulate a greater variety of nuclear alternatives,
as part of its "Single Integrated Operational Plan," it also laid out
conditions under which such alternatives might come into play.
Military planners identified three "contingencies" possible at any
moment — immediate, where the WMD of another nation might have
to be destroyed; potential, requiring a military response to some
imminent threat to U.S. security; and unexpected, where regime
change somewhere in the world demands quick U.S. reaction. 14
It is clear from this very elastic schema that U.S. nuclear strategy
presently adheres to few if any fixed restraints or boundaries — and
there is no sign of imminent change. Unfortunately, a loosened
nuclear policy of this sort, combined with general renewal of
American imperial and military ambitions, has had the effect of

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encouraging other nuclear powers like Russia and China to enlarge
or modernize their own arsenals and, more ominously, of helping
trigger "lateral proliferation" by pushing weaker states (especially
those targeted by the U.S.) to accelerate their nuclear programs.
And no doubt it has sent a comparable message to terrorist groups.
Reflecting on this dangerous state of affairs, former Secretary of
Defense Robert McNamara wrote in the journal Foreign Policy: "I
would characterize current U.S. nuclear weapons policy as immoral,
illegal, militarily unnecessary, and dreadfully dangerous." 15

The new "flexibility" of American nuclear doctrine has already
made itself visible in two wars since 9/11 — in Afghanistan and
Iraq — where contingencies for nuclear attacks were openly discussed
within the Pentagon and even mentioned obliquely by politicians
and the media, bringing the threshold of usage to its lowest point
since the Cuban missile crisis of 1962. Both countries were, and
continue to be, regarded as havens of Muslim terrorists while
strong remnants of both regimes (Taliban and Ba'athist) have been
viewed as dire threats to U.S. regional aims. In both combat settings,
moreover, the U.S. might easily confront nightmare scenarios where
conventional weaponry appears to have exhausted its limits. Iraq,
of course, was said to be in possession of huge stores of WMD,
allegedly justifying a "preemptive" U.S. military response. Tactical
bunker-buster nukes (the B6-11 earth-penetrating bomb with yields
of between 300 tons and 300 kilotons) have recently been viewed by
some as a quick way out of any protracted quagmire — fighting the
Taliban and Al Qaeda in the mountains and caves of Afghanistan,
fighting Iraqi insurgents in the difficult, endless, bloody urban
warfare across a sprawling city like Baghdad. It was similar fears
and calculations that prompted President Truman to drop atomic
bombs on Japan and consider doing the same thing in Korea. While
the U.S. has never used nuclear weapons in Afghanistan or Iraq,
we can surmise that such devices were at some point integrated
into military planning — at the very moment Bush and the neocons
were lecturing the world about the perils of WMD. Quite clearly
the dividing line between nuclear and conventional warfare has
grown more blurred in recent years, in theory if not yet in practice.

Despite its self-congratulatory holy crusade against WMD,
therefore, the U.S. has been doing everything possible to encourage
proliferation of nuclear arsenals. While hostile to "evil" states that
might want their own WMD for purposes of defense, the Bush
administration obstructed attempts within the U.N. to create durable
arms-control agreements binding on all states. The U.S. still fully

122 THE CRIMES OF EMPIRE

reserves for itself the right to manufacture, deploy, and use nuclear
weapons in violation of the NPT and other protocols. Washington
has come to accept large WMD programs for friendly nations such
as Israel, Pakistan, and India, even as Bush (in February 2004) called
WMD "the greatest threat before humanity today." In fact the U.S.
has tabled NPT amendments designed to place roadblocks to new
nations acquiring nuclear devices. Israel, which possesses as many
as 200 nuclear warheads, remains outside the NPT, firmly rejects
any inspections process, and has never been the object of threats
or inducements concerning the weapons it already possesses. As
the only Middle East state with a nuclear arsenal, Israel — hostile
to most Arab and Muslim nations in the region — clearly figures
in the proliferation dynamic. In 1974 Egypt and Iran sponsored
a U.N. resolution calling for a Middle East nuclear-free zone but
Israel opposed it while the U.S., then as later, furnished political
cover for the Israelis, who in 1981 attacked the lone nuclear reactor
built by the Iraqis.

As for Pakistan, the U.S. rewarded the Musharraf regime in 2002
with a three-billion dollar aid package for its (marginal) assistance
in the war on terror, indirectly giving the Pakistanis a green light to
expand their nuclear capacity at a time when Bush and Rumsfeld
were issuing dire warnings to Iran and North Korea about their
nuclear plans. Actually Pakistan, like India and Israel, never signed
the NPT or even the 1996 CTBT, which would have prohibited its
nuclear testing in 1998. (The NPT was signed by Iraq, Iran, and
North Korea, which later withdrew, and provides for the peaceful
development of nuclear energy, which as of 2009 Iran claimed it was
pursuing.) The fact that Pakistan and India, along with Israel, have
been able to avoid U.N. -sponsored inspections — the very inspections
demanded of both North Korea and Iran — has drawn nary a protest
from the U.S. despite the long-simmering tensions between India
and Pakistan over Kashmir not to mention the highly explosive
vithin Pakistan itself. A crucial issue remains: if such
ls as Israel, Pakistan, and India, following the pattern of major
nuclear powers, can insist that atomic weapons are needed for their
military defense, how can these nations credibly deny the very same
motive to other, even weaker, states ? Mohamed ElBaradei, director
of the International Atomic Energy Agency (IAEA), recently asked
pointedly why it is "morally reprehensible for some countries to
pursue weapons of mass destruction yet [is] morally acceptable for
others to rely on them for security while continuing to refine their
capacities and postulate plans for their use." 16

WEAPONS OF MASS DESTRUCTION 123

After calling WMD the "greatest threat to humanity," President
Bush moved to establish a nuclear "strategic partnership" with
India, a country firmly outside the NPT and seemingly intent on
ignoring its provisions (including global inspections). In March
2006 the U.S. and India agreed to a long-term program of space
and nuclear cooperation, in which Washington would sell advanced
technology to India to enhance its status as a "democratic" and
"peaceful" power in Asia — meaning as a counterweight to Chinese
influence. According to the NPT, no country would be allowed
to give assistance to India's outlaw nuclear program — in place
with American blessings since 1974 — but here as elsewhere the
U.S. simply changed the rules to make an exception for the chosen
nation. In opening up U.S. nuclear markets with this deal, the Bush
administration was simply giving India an endorsement to produce
as many nuclear warheads as it chooses. In October 2008 Congress
approved the deal, thus rewarding a nation that flaunts the NPT and
maintains eight nuclear plants still outside international scrutiny.
Not surprisingly, this rogue arrangement, meeting with understand-
able outrage around the world, only served to further encourage
WMD proliferation in countries aspiring to nuclear status. (By early
2009 there were some 35 states with the potential to reach nuclear
status in coming years.) And the U.S. managed to pull off this deal
at the very time it was threatening Iran, a member of the NPT with
every right to develop non-military forms of nuclear energy. Given
that U.S. leaders seem bound to enforce what has been called a
"nuclear apartheid regime" dominated by the U.S. and its allies,
the present NPT system would appear to be bankrupt. 17

As for Iran (in early 2009), observers familiar with U.S. intelligence
on Iranian military projects shared with the U.N. nuclear watchdog
agency indicate that little if anything in that intelligence has proven
to be true — a seeming replay of the Iraq situation in the build-up to
war. The CIA and other agencies provided extensive information to
the IAEA beginning in 2002, when Iran's nuclear program became
fully public, but nothing has yet shown the presence of a weapons
system, despite a constant barrage of claims, warnings, and threats
emanating from the U.S. and Israel. The evidence so far indicates
that Iran has worked within the parameters and guidelines of the
NPT, though U.S. intelligence was described by many in the Bush
administration as "cold" and totally "unreliable." 18

Meanwhile, Bush unveiled plans to expand nuclear power
globally, moving ahead with a U.S. -Japanese agreement to conduct
joint research on a new generation of reactors and new type of

124 THE CRIMES OF EMPIRE

nuclear fuel. The Department of Energy outlined a vigorous agenda
to build nuclear power plants worldwide, part of a Global Nuclear
Energy Partnership still in its infancy. A total of 222 new reactors
were planned, with more than one trillion dollars in business
potential for American corporations on the horizon. Under the
global partnership, a new cycle of breeder reactors would burn
reprocessed fuel stored at several domestic power plants. The U.S.
was prepared to allow other nations to possess large amounts
of nuclear fuel requiring enriched uranium — a move that could
easily facilitate WMD proliferation. But the Bush administration
was looking past that problem in favor of the huge economic and
political advantages expected to accrue.

It follows that U.S. policy has had little to do with curbing the
possession or spread of WMD, with arms-control agreements,
or with honoring global treaties, and has had everything to do
with enhancing American economic and geopolitical objectives.
Here as elsewhere Washington seeks maximum freedom for itself
and a few of its allies to expand and modernize their nuclear
arsenals. Interwoven with this strategy is the renovated National
Missile Defense (NMD) project, a spin-off of the Star Wars project
undertaken during the Reagan presidency. One largely hidden facet
of this program is the weaponization of space, with prospects for
eventually deploying nuclear reactors and weapons hundreds of
miles above the earth. In the 2001 Quadrennial Defense Review,
the Pentagon laid out plans for a high-capacity, integrated, full-
spectrum, global armed network to be coordinated from space,
combining offensive and defensive modalities. If achieved, this
would mean the full extension of American power into space — a
revitalized Manifest Destiny for the twenty-first century — that
would limit or deny access to other nations. To the degree that new
forms of warfare demand sophisticated technology, information,
surveillance, and flexibility, along with heightened nuclear capability,
the U.S. space program could become a cornerstone of future
military strategy, so that criticism of Star Wars and its spin-offs for
presumed defensive inadequacies misses the central point. The space
dimension furnishes the Pentagon with a high-quality "networked
environment" integrated through satellites, military platforms,
radar, laser technology, and infrared systems of the sort already
found valuable in the Balkans, Afghanistan, and Iraq. Thus U.S.
colonization of space greatly enhances its earthly military capacity
to coordinate vast networks of ground, sea, and air operations,

WEAPONS OF MASS DESTRUCTION 125

violating the spirit if not the substance of the 1967 Outer Space
Treaty (discussed more fully later).

In the U.S. the permanent war economy has given rise to the
largest and most sophisticated academic-scientific nuclear system
ever assembled. Thanks to Pentagon and government largesse, this
work has been centered in three large laboratories: Sandia and Los
Alamos in New Mexico and Livermore in California. Research and
development is overseen by the Pentagon, Department of Energy
(DOE), and the University of California, Berkeley. Thousands of
scientists are awarded scholarly status, generous salaries, and a
patriotic niche in the social order, resulting in an elite community
that Helen Caldicott refers to as a "scientific bomb cult." 19 In an
atmosphere where production of nuclear weapons capable of killing
hundreds of millions of people is viewed with great enthusiasm,
signifying a mix of aesthetic beauty, scientific creation, and political
obligation, even slight expressions of dissent are regarded as
puzzling, reprehensible. It is a milieu in which untold numbers
of civilian deaths are considered "collateral damage," a prospect
shrouded in esoteric techno-strategic discourse and game-theoretical
models embraced at major universities.

Inspired by the Bush administration's revival of nuclear politics,
the three major nuclear labs entered into fierce competition over
design and production of a new generation of atomic weapons,
highly skeptical of well-known NPT stipulations requiring the
nuclear powers to move toward disarmament. Teams of military,
corporate, and scientific elites work virtually non-stop with the aid
of supercomputers to design new bombs and missiles such as the
"reliable replacement warheads" (RRWs) approved by Congress
in 2005. In their drive to ensure overwhelming U.S. nuclear
supremacy, these teams ridicule even the most ambiguous talk of
arms control, their proponents seen as unpatriotic "crazies" and
"wackos." International law is for Utopian dreamers. 20 The weapons
labs received a huge contract in March 2007 to develop a refined
hydrogen bomb, projected to cost tens of billions of dollars — part
of the RRW project. 21 The Pentagon wanted to employ sophisticated
computer modeling exercises in order to sidestep the nuclear testing
moratorium in place since 1992.

As Robert Jay Lifton observes, throughout the postwar years
U.S. leaders set out to perfect a "godlike nuclear capacity" enabling
them to shape history. 22 Despite a current fixation on "pragmatism"
and "realism" in foreign affairs, the Pentagon has embraced
apocalyptic visions of warfare involving massive levels of violence

126 THE CRIMES OF EMPIRE

and destruction — visions going back to the 1945 atomic bombings
of Japan. Washington long ago viewed the atomic age as a great
revolution in the history of warfare, unleashing new fantasies and
new possibilities that, it was hoped, could never be matched by any
other nation. As an ideology, nuclearism therefore came to embellish
a mode of warfare defined by life-sustaining power beneath which
always lurked what Lifton calls a "shared psychological energy
pressing toward cruelty and killing." 23 From the moment the
first bomb was detonated at Alamogordo, nuclear weaponry was
understood by its creators to be nothing short of "God's power
unleashed" — a sentiment perfectly captured in Roland Joffe's 1989
film Fat Man and Little Boy. From this standpoint, the mission of
the Enola Gay to obliterate Hiroshima fit God's historical mission.
There is nothing especially aberrant about such notions when
viewed against the backdrop of a deity-sanctioned Manifest Destiny.
Nuclear supremacy has endowed the U.S. not only with special
military power and status — the ability to blow up the world many
times over — but a certain legitimacy grounded in spellbinding
scientific-technological progress. Nuclearism, moreover, seemed
ideally designed for a world of infinite, perpetual warfare where
rogues, terrorists, and other menaces inhabit the global landscape.
As an unquestionable force for good, Washington can feel entirely
justified in its role as historical agency of cataclysmic violence. 24 It
follows that nuclear weapons are bound to persist as a vital element
of superpower status in the minds of U.S. leaders. 25 Despite its self-
righteous posturing about WMD proliferation, therefore, the U.S.
retains a God-given right to develop, refine, and deploy atomic
weaponry, with no willingness to entertain policies or agreements
that might compromise that "right." Reinforced by such deeply
ingrained nuclear ideology, Washington continues to resist any
constraints on its global power or use of military force.

A LEGACY OF TOXIC WARFARE

In the realm of chemical weapons the U.S. has long been — contrary
to general mythology — the world leader in the production,
dissemination, and use of highly toxic liquids, sprays, gases,
powders, incendiary devices, and radioactive explosives. The
American military did not join the poisonous weapons parade in
World War I, but at the end of World War II experimented with
incendiary devices like napalm, which it refined for increased usage
in Korea and later introduced on a murderous scale in Vietnam.

WEAPONS OF MASS DESTRUCTION 127

Napalm, along with horrific burning agents like white phosphorous,
the poisonous herbicide Agent Orange, and radiation-spreading
devices such as weapons tipped with depleted uranium, have
to varying degrees been part of the U.S. toxic-warfare program
ever since. It is well known that the U.S. military sprayed tens of
thousands of tons of deadly herbicides over three million acres of
Vietnam from 1965 to 1971, with the criminal intent of wiping
out jungle foliage, crops, and other plant life deemed to be of use
to anyone resisting American power. The use of Agent Orange and
several other potent chemicals polluted Vietnam with 500 pounds
of cancer-causing dioxin, leaving a devastating legacy for millions
of local inhabitants as well as tens of thousands of U.S. troops. In
a variety of military theaters since Vietnam — for example, Iraq,
the Balkans, Afghanistan, Colombia — the Pentagon deployed and
used, often indiscriminately, such weaponry as incendiary devices,
defoliants, riot-control agents, and depleted uranium. Across this
entire period Washington has refused, with just a few exceptions,
to permit international laws and treaties to impose limits on its use
of such weaponry.

At present the Chemical Weapons Convention (CWC) outlaws the
production, stockpiling, and use of weapons considered poisonous,
reflecting a growing international consensus, or Zeitgeist, around
this specific type of armed engagement. According to Article II
of the CWC, all munitions possessing highly toxic properties are
banned — "toxic" here meaning "any chemical which through its
chemical reaction on life processes can cause death, temporary inca-
pacitation, or permanent harm to humans or animals." 26 After the
CWC entered into force in April 1997 — signed initially by 50 states
and reaching a membership of 182 in 2007 — all nations known
to possess chemical weapons (including the U.S.) were directed
to eliminate their stockpiles in four phases, a process that would
involve systematic onsite inspections. The U.S. was expected to reach
phase IV (disarmament) by the year 2014 but this was delayed to
2023, with prospects of further delays. In addition to napalm, white
phosphorous, and DU, the Pentagon has been known to possess
various nerve, blood, blister, choking, and riot-control agents, and
has been reluctant to fully abandon these programs. (As of 2005
the U.S. was one of six nations to admit to having such chemical
programs.) The U.S. is one of only a few nations to exempt itself
from unequivocally condemning chemical warfare, and still denies
inspection access to any external body. In fact, well before the CWC,
major world powers (except the U.S. ) signed The Hague Conv<

128 THE CRIMES OF EMPIRE

(1907) outlawing use of chemical weapons in combat, reaffirmed
at Geneva in 1925. And while some chemical devices might be
regarded as technically beyond the reach of international law, the
relevant measure here — as in the case of nuclear weaponry — is
whether the device in question produces wanton destruction of
civilian populations and objects. Where such destruction is the
result, the form of warfare must be regarded as illegal.

By far the most horrendous U.S. resort to chemical warfare was
its extensive and murderous use of defoliants in Vietnam, where
the army deployed massive amounts not only of Agent Orange
but such toxic chemicals as CS, DM, and CN gases, designated by
the Pentagon as riot-control agents. 27 In the case of Agent Orange
alone, the U.S. deposited so much dioxin in the soil, vegetation,
food system, and water that several million people were exposed to
its deadly effects for many decades: cancer, immune breakdowns,
mental disorders, severe birth defects, and other afflictions. Setting
out to destroy forests, jungles, and croplands as a deliberate method
of warfare, the U.S. left behind unfathomable ecological destruction
as well as countless human casualties. According to one in-depth
report, the town of Ben Tre (population 140,000) alone suffered
58,000 victims of Agent Orange. 28 The Vietnamese landscape today
remains littered with crippled and deformed human beings, with no
end in sight to new casualties. According to the Hatfield Report,
U.S. chemical warfare in Vietnam (even leaving aside napalm and
white phosphorous) will leave its imprint for many decades into the
future. In the late 1990s a Canadian study found extremely high
levels of dioxin in Vietnamese soil, water, and food samples, with
residents near Bien Hoa suffering at least 200 times normal amounts
in their body — results U.S. officials have refused to acknowledge. 29
Further, based on the work of Le Cao Dai, Arnold Schechter, and
others, it was found that the U.S. use of Agent Orange in Vietnam
killed or maimed some 400,000 civilians, with another possible
500,000 children suffering defects such as retardation and spina
bifida. Researchers also found that among the offspring of North
Vietnamese soldiers who fought in the war and were exposed to
Agent Orange, 5 percent were born with severe defects. Both Dai
and Schechter were outspoken in their call for the U.S. to take
responsibility for its chemical warfare campaign and to help with
the enormous clean-up process needed in still-contaminated areas
of the country. Said Schechter: "I believe the U.S. has a moral
responsibility to help us clean up the contaminated areas." 30 But
Washington has never responded to this problem at any level,

WEAPONS OF MASS DESTRUCTION 129

insisting (with as many as one million cases now on the books)
that no connection between Agent Orange and health problems
among the Vietnamese population (or, for that matter, American
troops) has ever been established. 31

Thus neither the U.S. government nor corporations such as Dow
and Monsanto that manufactured poisonous agents have ever
offered apologies or reparations to the Vietnamese, and nothing
for clean-up or health services. While American victims of chemical
warfare have received some $180 million in judgments from U.S.
corporations, the Vietnamese have been excluded from any such
settlements. 32 In its lengthy treatment of chemical-weapons use as a
violation of international law, the text Crimes of War scandalously
omits any reference to the extensive history of U.S. chemical warfare,
in Vietnam or elsewhere. The main culprit identified is Iraq, with
Russia getting dishonorable mention. 33

It hardly needs to be emphasized that chemical weaponry like that
used on a massive scale by the U.S. in Vietnam brings death and
destruction mainly to civilian populations. It is wanton destruction
by definition, and was recognized as such at The Hague in 1907
and Geneva in 1925. The U.S. has usually paid formal attention to
such prohibitions but, at least since World War II, has done little
to actually abide by these global arrangements. Since 1945 the
Pentagon has stockpiled huge amounts of chemical and biological
weapons and has, for the most part, refused monitoring of its
own facilities and inventories. The U.S. has deployed toxic devices
in nearly every war it has fought since World War I. In January
1998 President Clinton said that the world must "confront the
new hazards of chemical and biological weapons, and the outlaw
states, terrorists, and organized criminals seeking to acquire them."
Anticipating the later rhetoric of President Bush and the neocons,
he castigated Iraq for developing weapons of mass destruction at
the very moment Congress was passing the Iraq Liberation Act
essentially giving the U.S. a green light to invade. Yet it was U.S.
corporations that overwhelmingly furnished the Iraqis with a wide
variety of chemical and biological agents, exported and licensed
through the Department of Commerce — an arrangement going back
to at least 1985. Shipments included materials related to anthrax
and botulinum toxin that were vital to whatever illegal programs
the Hussein regime was able to initiate. 34 Meanwhile, although
the U.S. discontinued use of Agent Orange following the Vietnam
revelations, it never shrunk from later use of chemical agents in
both warfare and counterinsurgency operations — nor has it been

130 THE CRIMES OF EMPIRE

reluctant to share scientific knowledge and resources with other
nations. In Plan Colombia, for example, the U.S. has sprayed tens
of thousands of square acres with chemical agents designed to
defoliate coca plantations, in part to deny cover to insurgent groups,
in part to carry on its ill-conceived "war on drugs." In certain rural
parts of Colombia the U.S. deployed a new Monsanto-produced
fungus, glyphosate, a herbicide causing lethal infections in humans
and animals. Massive areas of targeted southern provinces were
poisoned by fumigation, which drove thousands of peasants from
their land.

In its November 2004 full-scale military offensive in Fallujah,
intended to obliterate the core of the Iraqi resistance, the U.S. military
is reported to have extensively deployed such chemical agents as
white phosphorous — a charge the Pentagon first denied and then
admitted as evidence mounted. 55 An Italian documentary aired in
November 2005 showing that hundreds of Iraqi civilians had been
indiscriminately targeted and killed by incendiary devices during
the assault. Dubbed "Willie Pete" by troops, white phosphorous
is a dangerous chemical that burns to the bone when it comes into
contact with humans. Such incendiaries are universally regarded as
inhumane weapons, and a 1980 U.N. convention established firm
limits to their use, although the U.S. never signed the agreement.
These are some of the very weapons that Washington so righteously
accused Saddam Hussein of deploying against the Kurds in the
1980s. The use of incendiary weapons against civilians is unques-
tionably illegal, falling into the category of wanton attacks. Darryl
Kimball, executive director of the Arms Control Association,
said: "An incendiary weapon cannot be thought of just like any
conventional weapon." 36 Whether or not the U.S. is obliged to
follow rules set by the Chemical Weapons Convention, such indis-
criminate attacks on civilians are clearly prohibited by the Geneva
Conventions. In Fallujah, recalling the Vietnam experience, Iraqi
doctors and local human rights organizations testified to hundreds
of burned corpses resulting from white phosphorous as evidence
of flagrant U.S. chemical warfare.

Since the early 1990s the most flagrant U.S. resort to chemical
weaponry has been in the form of depleted uranium, used extensively
in the battlefields of Iraq, Yugoslavia, Afghanistan, and again in
Iraq. DU has been added to bombs, missiles, and artillery shells to
enhance their explosive and penetrating force, since uranium has
nearly twice the density of metals like lead, iron, and aluminum.
Tanks, Bradley Fighting Machines, and Apache attack helicopters

WEAPONS OF MASS DESTRUCTION 131

have routinely fired DU rounds in Iraq. When shells hit their target,
they release the insoluble chemical agent uranium oxide, a form of
radioactive dust that spreads rapidly. At the time of the Iraq invasion
the Pentagon had more than one billion pounds of nuclear waste
available, a by-product of processes used to make reactor fuel and
nuclear weapons, much of it converted to reinforce conventional
weapons in the Middle East, with deadly results. While the figures
are not yet exact, reports indicate that the U.S. deployed some 350
tons of DU during the first Gulf War, followed by ten tons in the
Balkans and more than 1000 tons in Iraq after 2003. 37 In each case
the U.S. left behind a toxic wasteland with horrific consequences for
people, crops, animals, and of course the general ecology.

Upon impact with a target, DU disintegrates into a widening mist
of particles that, once inhaled or ingested, can produce cancer, kidney
disease, genetic defects, and general immune-system breakdown.
When one considers that the amount of DU used by the U.S. military
in Iraq alone produced radiation levels equal to all previous nuclear
testing worldwide combined, it is easy to see that the health effects
are likely to be catastrophic. Iraqi doctors tried desperately to bring
attention to the vast increase in cancer rates and birth deformities
since 1991, with only limited success. Some reports indicate that
the incidence of cancer skyrocketed by nearly 250 percent — with
leukemia and birth defects found at similarly alarming rates. Many
cancer and leukemia patients, especially numerous in southern Iraq,
were under five years old. Meanwhile, tests conducted by Leuren
Moret and others showed that DU emissions rose dramatically not
only in Iraq but across the entire Middle East. 38 Moret argues that
DU use amounts to a new form of chemical warfare the terrible
consequences of which are just now beginning to surface in humans
and the environment. 39 Dr. Ahmad Hardan, a special adviser to the
World Health Organization, refers to the widespread dispersion of
DU in Iraq as a new, more insidious mode of terrorism practiced
uniquely by the U.S.

As in most cases of chemical and biological warfare, the
perpetrator also turns out to be a victim of its own malfeasance —
the architect of weapons of mass destruction often becoming its
own enemy. Large-scale casualties among U.S. troops from DU
poisoning are by now generally acknowledged by observers familiar
with battlefield conditions in Iraq, although firm evidence so far
remains elusive. It is believed by many close to the military that DU
emissions in 1990 and then again in 2003 and later gave rise in part
to Gulf War Syndrome among both Iraqi and American soldiers. 40

132 THE CRIMES OF EMPIRE

Tens of thousands of troops have suffered immune disorders,
kidney problems, cancer, mental breakdowns, and a variety of other
afflictions that might generally be traced to radiation poisoning. As
of 2004 the Veterans Administration had processed some 182,000
claims of disability related to battlefield experiences in Iraq — a
number destined to surge as hundreds of thousands of U.S. military
personnel continue to serve in Iraq. The Pentagon consistently
denied that these symptoms and casualties have anything to do
with DU, which military officials still regard as nothing hazardous,
its radiation levels said to fall within "normal ranges." Indeed, at a
Pentagon briefing by Colonel James Naughton in March 2003, the
press was told: "Nobody goes into a war and wants to be even with
the enemy. We want to be ahead, and DU gives us that advantage." 41

This embarrassing problem has been stonewalled not only by
the Pentagon but by U.S. political leadership across the board.
There have been no serious investigations into the health and
environmental consequences of large-scale DU emissions in Iraq
or anywhere else. In fact the U.S. has never cooperated with research
and testing carried out by foreign or international bodies on the harm
caused by DU. In 1996 a U.N. subcommission passed a resolution
condemning DU, but the U.S. simply ignored it, disdainful of any
limits to battlefield options. In 2004 Representative Jim McDermott
(D-Wash) sponsored a House bill merely to study the health and
ecological impact of DU but the bill quickly died in the House
Armed Services Committee. The Bush administration steadfastly
refused to confront the issue even on the home front. Meanwhile,
as of 2009, the U.S. still possessed several million DU-enhanced
weapons, ready to be used against new targets susceptible to the
same toxic horrors.

Whatever its codified status in law, the extensive military uses of
DU — its long-term effects surely catastrophic — must be regarded
as a criminal assault on humans, animals, and the environment,
fitting the category "wanton destruction. " Pentagon efforts to justify
such chemical warfare fall short of any rational or humane defense.
Since the powerful toxic effects of DU are so well known, the use
of this weaponry is prima facie illegal according to international
law established at The Hague and Geneva Conventions. And since
DU emissions produce vast and indiscriminate harm to civilian
populations as well as to their food and water sources, the weaponry
clearly falls under the definition of "wanton destruction" covered
in the 1948 Geneva Convention. In military theaters where the U.S.
has deployed DU, the resultant dust, filled with poisonous radiation,

WEAPONS OF MASS DESTRUCTION 133

s no limits or boundaries where health consequences are
concerned; the spread is truly global and long-term, with particles
lasting a half-life of 4.5 billion years. Increasingly regarded as a
terror weapon, DU should fall under the rubric of the Chemical
Weapons Convention that achieved full legal force in 1997, despite
Washington protests to the contrary. 42

The U.S. has possessed huge stockpiles of chemical weapons since
World War II and today is one of six nations with known stockpiles
along with production facilities. As mentioned, Washington has
resisted any inspections of its facilities and has moved slowly and
reluctantly toward dismantling even a small part of its arsenal —
the size and character of which remain secret — being strongly
opposed as ever to any infringement on the commercial freedom
of American chemical and pharmaceutical companies. The U.S.
still carries out extensive chemical weapons research at its Army
Edgewood Biological and Chemical Center, and elsewhere. One
investigation found that 113 university, government, hospital, and
corporate laboratories are presently engaged in chemical research
while refusing to disclose the nature of their work. 43 According
to another report, the U.S. has stockpiled millions of pounds of
methyl bromide, a pesticide with military functions that is extremely
harmful to the ozone layer — an agent the Pentagon wants exempt
from any global prohibitions. 44 Such research extends to a variety
of agents: riot-control products, nerve gases, anesthetics, and
psychoactive substances designed to put people to sleep. According
to documents uncovered by the Sunshine Project, an international
NGO that monitors issues related to biological weapons, the
Pentagon remains interested in developing chemical weapons for
use against selected targets, in the war on terror, and for counterin-
surgency purposes where large-scale conventional weapons might
prove futile. 45 The Pentagon and the corporations involved in such
illicit programs recognize they are acting against the CWC, but they
proceed in any case, while the U.S. government pays lip service to
the idea of dismantling WMD. Meanwhile, Washington can afford
to wait until at least 2023 before it must come fully to terms with
its international obligations under the CWC.

THE BIOWARFARE OPTION

Fearing prospects of future biological warfare — seen by many as
the most ominous type of WMD — nations of the world forged the
Biological Weapons Convention (BWC), ratified by 22 states in

134 THE CRIMES OF EMPIRE

1975 and signed by 171 states as of 2007. Article I bans production
and stockpiling of microbial and other biological agents or toxins,
including delivery systems, while Article II directs all nations to
destroy any existing biological arsenals. The problem with the BWC
comes with Article VI, which empowers the U.N. to investigate any
breaches of Convention statutes. The issue of verification procedures
emerged in the 1990s, when attempts to establish ironclad
protocols for monitoring were blocked by the U.S. At the Fifth
Review Conference in 2001 the Bush administration declared that
inspections did not coincide with U.S. national interests, infringing
on sensitive military and commercial priorities. Thus, while the U.S.
had long claimed its biological weapons programs were disbanded,
suspicions remained that Washington was committed to developing
arsenals in clear violation of the BWC.

As noted above, U.S. leaders have regularly intoned against
WMD — but always with regard to others. In the case of biological
weaponry, we have seen how American corporations, with
government blessing, shipped off a wide assortment of materials
useful for developing anthrax and botulinum toxin. Production and
stockpiling of biowar agents has most likely continued throughout
the postwar years, although shrouded in secrecy. In 2002, however,
it was learned that the Pentagon had tested bioweapons in and
near local civilian populations, off the coast of Hawaii, California,
Florida, and Maryland, exposing millions of people unknowingly to
deadly agents in the years spanning 1962 to 1973. The government
conceded that 37 secret tests were held all told, for such toxins as
sarin nerve gas, a form of bacterium (BG) related to anthrax, and
MA, a deadly biological agent — all overseen by the Desert Test
Center at Fort Douglas, Utah. 46 More recent reports indicated that
similar testing is still being conducted today, at an army facility
located in Fort Leonard Wood, Missouri. Such tests are said to
focus on defensive weaponry, but offensive capabilities are surely
built into those programs. 47

The most frightening actual U.S. deployment of biological
weapons occurred during the Korean War, a phenomenon recently
documented with some degree of certainty. 48 Bioweapons were an
officially sanctioned element of Pentagon strategy in the early 1950s
and no doubt even later. Both Koreans and Chinese complained
about significant death and illness tolls resulting from plague,
anthrax, scarlet fever, encephalitis, and other diseases unleashed
by bombs and artillery shells during American military operations
in Korea. We know that the U.S. Medical General Lab, Far East,

WEAPONS OF MASS DESTRUCTION 135

had become a major center for researching insect vectors that could
carry such lethal diseases as smallpox, cholera, and encephalitis. 49
The Pentagon had been working to refine its bioweapons program
so that it could occupy a niche alongside its nuclear capacity. Aside
from the Far East lab, the U.S. army's Special Operations Division
at Fort Detrick, Maryland, produced germ agents and delivery
systems that received high praise for their effectiveness. Stephen
Endicott and Edward Hagerman write: "It is significant that this
was the first time in modern military history that biological warfare
was incorporated into doctrine as a weapons system." 50 Needless
to say, these aggressive and sophisticated programs adhered to
no international laws, precedents, or limits outside the Pentagon's
own dictates.

In Korea the U.S. extended its practice of unlimited warfare to
not only strategic bombing and wanton attacks on civilians but also
to WMD. As we have seen, the U.S. military strategy in Korea was
to wear down and ultimately annihilate the enemy. Atrocities were
routinely committed from the air and on the ground. USAF bombing
campaigns, as earlier in Japan and later in Vietnam, were nothing
short of barbaric. Cities were destroyed and prisoners of war were
sometimes killed en masse, as at No Gun Ri and Pyongyang. As
Endicott and Hagerman write: "These acts in Korea indicated
again that the U.S. subscription to laws of war and treatment of
prisoners was no check on its political and military leaders' use
of whatever methods and weapons were considered necessary to
achieve their goals." 51 Faced with a seemingly endless stalemate
on the battlefield through 1951 and 1952, the Truman administra-
tion looked desperately for breakthrough solutions. One possibility
was to expand the war further into civilian population centers
and related targets, to which end the USAF demolished eleven
hydroelectric plants along the Yalu River in June 1952. Another
response, mercifully never followed, was President Eisenhower's
resurrection of Truman's earlier threat to use atomic bombs in order
to break the quagmire. A third response, evidently carried out with
great vigor but minimal success, was biological warfare. In the
words of Endicott and Hagerman:

The U.S. had substantial stocks of biological weapons on hand.
Moral qualms about using biological or atomic weapons had
been brushed aside by top leaders, and biological warfare might
dodge the political bullet of adverse public and world opinion if
it were kept secret enough to make a plausible denial of its use.

136 THE CRIMES OF EMPIRE

If it were to be uncovered, a last resort could be to fall back on
the fact the U.S. had not signed the 1925 Geneva Protocol on
biological warfare. 52

Evidence of U.S. biological warfare came not only from Korean and
Chinese government archives, from an independent commission of
scientists, and from extensive testimony on the ground, but also from
confessions of American airmen (later recanted, apparently under
pressure) and eventually from scholarly research. Disease-carrying
vectors — fleas, beetles, flies, and mosquitoes, for example — were
found in at least 15 Korean locations from late 1950 into early
1951. These insects, largely unknown to the area, were infested
with plague, smallpox, cholera, encephalitis, and other epidemic
diseases leading to at least 39 deaths and more than 7000 illnesses,
traceable to the use of bioweapons. 53 An independent commission
found that "the peoples of Korea and China had indeed been the
objects of bacteriological weapons," 54 many of them targeted at
Pyongyang and several nearby provinces. The U.S. apparently
hoped the rapid spread of deadly diseases would instill panic among
Koreans and Chinese, resulting in a collapse of combat morale —
but the outbreaks, while frightening, were quickly contained by
systematic and effective public-health campaigns. It seems evident,
moreover, that the biological attacks were so ineffective that the
Pentagon decided to abort them within several weeks of the first
attacks, and the military stalemate continued. In any event, the
overall impact of the illegal U.S. biological warfare campaign on
Korean-Chinese battlefield efforts was negligible.

One long-term result of the Korean failure was reduced pressure
for the U.S. to sustain its bioweapons program and strategy —
that is, to build huge stockpiles of toxins along with appropriate
delivery mechanisms. In the end, biowarfare simply contained far
too many limits and contradictions to be militarily efficacious. The
program appeared to be largely, but not entirely, dismantled after
1953, although, as we have seen, testing did continue sporadically
beginning in the early 1960s. We know that the Pentagon, whatever
its anti-WMD rhetoric, has never abandoned contingency plans
for the use of both chemical and biological weaponry. Today, in
collaboration with a number of universities, it has expanded its
biological warfare testing programs at such locales as the Dugway
Proving Grounds — ostensibly for "defensive" purposes — in violation
of the BWC. That the very idea of biological warfare, long regarded
as barbaric and illegal, remained alive for the U.S. armed forces — in

WEAPONS OF MASS DESTRUCTION 137

full violation of international law — speaks volumes about a military
culture that recognizes few constraints on its battlefield options and
has been perfectly willing, under particular conditions, to condone
and practice these kinds of war crimes.

EMPIRE AND BARBARISM

Given the frightening and seemingly irreversible proliferation of
WMD in the world today, despite all the international treaties and
conventions, doomsday remains firmly on the horizon — brought
ever closer by the U.S. development, stockpiling, and use of mass-
destruction weapons, along with its scandalous disregard for
global arrangements designed to avoid the horrors of total war.
The protracted U.S. war and occupation of Iraq, along with new
threats to Iran, can only further heighten conditions that could
produce eventual military cataclysm. Delivering a speech in February
2007, Russian leader Vladimir Putin attacked U.S. militarism for
its reckless policies and adventures, arguing that Washington was
creating a world in which other nations would be driven to violate
global restraints while expanding their own weapons systems. Putin
said that "unilateral, illegal actions have not managed to solve any
of the world's most urgent problems, but have in fact made them
worse. Nobody feels secure anymore." Putin actually spoke these
words in front of an American delegation visiting Moscow/ 5

Because weapons of mass destruction — including economic
sanctions and extreme forms of conventional warfare — are now
so strategically central to maintaining Empire, such weapons seem
nowadays to represent a non-negotiable element of U.S. foreign
and military policy. WMD are coveted and embraced by many
high-level Pentagon officers like nothing else. It must be remembered
that, for potential targets, the very threat of WMD constitutes an
intimidating military reality. This helps explain why U.S. leaders,
Democrats and Republicans alike, have strongly opposed even
modest efforts to achieve treaties and conventions limiting or
outlawing the production and deployment of nuclear weapons,
though occasionally that kind of rhetoric can be heard even within
the political establishment. Owing to its vast superiority in this area,
moreover, the U.S. has arrived at greater flexibility than in the past
to pursue its imperial ambitions. (Such flexibility, of course, could
well be curtailed by other factors.) As the leading military power,
Washington reserves for itself the right to unlimited global reach,
and with it special license to own and project the most awesome

138 THE CRIMES OF EMPIRE

WMD imaginable. The political establishment knows fully the
barbaric nature of such weapons, yet these very weapons when
developed by the U.S. are endowed with civilizing virtues that come
with the best democratic intentions and, for many, the force of God's
will — that is, with the great blessings of American exceptional-
ism. In this way, Hiroshima, an unspeakable act of savagery, still
hovers over the global landscape as the growth of U.S. imperial and
military power subverts prospects for truly binding international
laws, treaties, and rules of engagement.

POSTSCRIPT: THE WMD COMMISSION

In June 2006 Dr. Hans Blix, former chief United Nations weapons
inspector, presented a report to the U.N. titled "Weapons of Terror, "
authored by the Weapons of Mass Destruction Commission with
the intent of ultimately freeing the world of nuclear, chemical,
and biological warfare. 56 The work of an independent project, the
report asks nations of the world to address vital issues of WMD
before it is too late — before, that is, some cataclysmic military event
occurs. In focusing on issues of disarmament and non-prolifera-
tion, the Commission offered no less than 60 proposals that ask
all countries, especially those in possession of WMD, to revisit
and hopefully alter policies that over the past several decades have
only worsened prospects for disarmament and non-proliferation.
The report calls on nations to take international laws and treaties
far more seriously than they have hitherto, implicitly (and in places
explicitly) calling the U.S. to account for its actions in blocking arms
control, disarmament, and moves toward curtailing proliferation.
Here we explore several of the Commission's proposals (numbered
according to their original location) with particular reference to
questions of American outlawry raised in this chapter. 57

1 . "All parties to the Non-Proliferation Treaty need to revert to the
fundamental and balanced non-proliferation and disarmament
commitments that were made under the treaty and confirmed
in 1995." Note: The U.S. retains nearly 10,000 nuclear
warheads — the largest arsenal in the world — with a destructive
power greater than at any point since the beginning of the
atomic era. Since the NPT was signed in 1968 Washington
has made no effort to reduce its arsenal, nor have its policies
contributed in any way toward non-proliferation. The 2005
NPT review process ended without progress on the key issues,

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with the U.S. being largely (though not only) to blame for the
paralysis. At present, moreover, the U.S. is moving toward the
manufacture of a new cycle of atomic weapons and seems ready
to modernize its existing warheads.

"All parties to the [NPT] should implement the decision on
principles and objectives for non-proliferation and disarmament,
the decision on strengthening the [NPT] review process and the
resolution of the Middle East as a zone free of nuclear and all
other weapons of mass destruction." Note: The review process
has been substantially weakened, as indicated by the 2005
failure, owing in great measure to American obstructionism.
The idea of turning the Middle East into a nuclear-free zone
has been proposed by Egypt, Iran, and others but consistently
opposed by the U.S. and Israel, which together deploy hundreds
of nuclear warheads in the region. Israel, moreover, has never
signed the NPT.

st be continued to ... improve the outlook
for the common aim of establishing a Middle East zone free
of weapons of mass destruction. The international community
and Iran should build mutual confidence through measures
that should include: reliable assurances regarding the supply
of fuel-cycle services; suspending or renouncing sensitive
fuel-cycle activities for a prolonged period of time by all states
in the Middle East; assurances against attacks and subversion
aiming at regime change; and facilitation of international trade
and investment." Note: Both the U.S. and Israel have failed
miserably on every count here. Neither country — along with
India and Pakistan — has moved toward halting fuel-cycle
activities, nor do they allow monitoring of such activities. The
U.S. demand that Iran suspend its nuclear program is both
illegal and counterproductive insofar as Iran (in contrast to
Israel and India) subscribes to the NPT and has full rights
within it. Further, both the U.S. and Israel have continued
to make armed threats against Iran while rejecting normal
diplomatic and trade relations. There have been no guarantees
against military attack or regime subversion despite repeated
efforts by the Iranians to restore normal relations and agree to
a treaty of mutual non-aggression. In this as in other spheres
Washington has merely aggravated an already tense situation.

7. "The nuclear-weapon states party to the [NPT] should provide
legally binding negative security assurances to non-nuclear-

140 THE CRIMES OF EMPIRE

weapon state parties. The states not party to the [NPT]
that possess nuclear weapons should separately provide
such assurances." Note: Clearly the only way to ensure that
proliferation will be halted is for the leading WMD nations to
extend security assurances to smaller and weaker states that
rightly fear being attacked in the absence of a WMD deterrence.
Neither the U.S. nor Israel (holding to secrecy about its nuclear
program) has offered any such assurances.

11. "All [NPT] nuclear-weapon states that have not yet done so
should ratify the protocols of the treaties creating regional
nuclear-weapon-free zones." Note: The U.S. has resolutely and
consistently rejected proposals for nuclear-free zones as they are
viewed as impeding military freedom of deployment and action.

12. "All states ... in [the Middle East], including Iran and Israel,
should commit themselves for a prolonged period of time to a
verified arrangement not to have any enrichment, reprocessing,
or other sensitive fuel-cycle activities on their territories." Note:
Since Israel, backed by the U.S., refuses to either join the NPT
or acknowledge its own nuclear enterprise, this admirable
proposal is a complete non-starter, and it is hardly surprising
to find Iran unwilling to move alone in this direction.

15. "All states possessing nuclear weapons should declare a
categorical policy of no first use of such weapons. They should
specify that this covers both preemptive and preventive action,
as well as retaliation for attacks involving chemical, biological,
or conventional weapons." Note: As is well known, the U.S.
has long had a first-use doctrine in place, with no indication
that change has ever been seriously debated at the higher levels
of American power. And the U.S., of course, is the only nation
ever to have used atomic weapons. As for Israel, its outlawry
is so extreme that the issue of first-use has never been raised
in any domestic or international forum.

16. "States deploying their nuclear forces in triads, consisting of
submarine-launched missiles, ground-based intercontinental
ballistic missiles and long-range bombers, should abandon this
practice in order to reduce nuclear-weapon redundancy and
avoid fuelling nuclear arms races." Note: This possibility has
never been entertained by U.S. political leaders, who remain
fully committed to the nuclear status quo and continue to
regard the complete array of strategic options as vital to

WEAPONS OF MASS DESTRUCTION

national security. The Russians, for their part, retain the same
nuclear options but have indicated a willingness to negotiate
reductions based on Washington reciprocity.

17. "Russia and the United States should agree on reciprocal steps
to take their nuclear weapons off hair-trigger alert and should
create a joint commission to facilitate this goal. They should
undertake to eliminate the launch-on-warning option from
their nuclear war plans." Note: Nearly two decades after the
end of the Cold War, neither Russia nor the U.S. has moved to
defuse this frightening level of nuclear readiness, which places
the entire world at the mercy of superpower technology.

20. "All states possessing nuclear weapons must address the issue of
their continued possession of such weapons. All nuclear-weapon
states party to the [NPT] must take steps toward nuclear
disarmament, as required by the treaty and the commitments
made in connection with the treaty's indefinite extensions. Russia
and the United States should take the lead... While Israel, India,
and Pakistan are not parties to the [NPT] they too have a duty to
contribute to the nuclear disarmament process." Note: Not only
have Russia and the U.S. failed to take the lead in pushing for
nuclear disarmament, they have essentially refused any genuine
initiatives, as show by the 2005 review fiasco. In this respect
as in others, Russia and the U.S. have failed to live up to their
obligations within the NPT, while Israel, India, and Pakistan
continue blithely along their outlaw path, contemptuous of the
NPT and the limitations it seeks to impose.

22. "Every state that possesses nuclear weapons should make a
commitment not to deploy any nuclear weapons, of any type,
on foreign soil." Note: For many years the U.S. has deployed
nuclear weapons in Europe, Korea, and elsewhere — the only
nation in the world that regards itself as entitled to such a
global military presence. Any suggestion that Washington
ought to reconsider this policy is rejected out of hand.

23. "Any state contemplating replacement or modernization of its
nuclear-weapon systems must consider such action in the light
of all relevant treaty obligations and its duty to contribute to
the nuclear disarmament process. As a minimum, it must refrain
from developing nuclear weapons with new military capabilities
or for new missions." Note: The U.S. is presently relying on
its three nuclear-weapons laboratories to develop new cycles

142 THE CRIMES OF EMPIRE

of weapons as well as to modernize the existing arsenal — plans
that could easily aggravate international tensions and stimulate
arms competition. In other words, Washington has totally
ignored both the spirit and letter of the NPT.

27. "To facilitate fissile material cutoff negotiations in the
Conference on Disarmament, the five [NPT] nuclear-weapon
states, joined by the other states possessing nuclear weapons,
should agree among themselves to cease production of fissile
material for weapons purposes. They should open up their
facilities for such production to IAEA safeguards inspections,
building on the same practice of EURATOM inspections in
France and the United Kingdom. These eight states should also
address the issue of verifiable limitations of existing stocks of
weapons-usable nuclear materials." Note: The U.S. has fiercely
resisted any system of monitoring and verification since the very
outset of the atomic age, reflected most recently in its stance at
the 2005 NPT review meetings. In the absence of such moves
from the leading nuclear state, other states have predictably
refused to go along with NPT guidelines — except, as mentioned,
France and the United Kingdom. The U.S. insistence that Iran
subscribe to procedures that it refuses for itself and other states
such as Israel and India reflects the ultimate hypocrisy.

28. "All states that have not already done so should sign and ratify
the Comprehensive Nuclear- Test-Ban Treaty unconditionally
and without delay. The United States, which has not ratified
the treaty, should reconsider its position and proceed to ratify
the treaty, recognizing that its ratification would trigger other
required ratifications and be a step towards the treaty's entry
into force." Note: The Commission has come forth with
everything that needs to be said here.

30. "All states possessing nuclear weapons should begin planning for
security without nuclear weapons. They should start preparing
for the outlawing of nuclear weapons through joint practical
and incremental measures that include definitions, benchmarks,
and transparency requirements for nuclear disarmament."
Note: Sadly, the U.S. has moved in precisely the opposite
direction from this vital recommendation. In its National
Security statements and nuclear posture reviews Washington
has made it abundantly clear that nuclear weapons remain a
central component of its global military strategy, embracing

WEAPONS OF MASS DESTRUCTION 143

thousands of warheads, proclaiming a first-use contingency,
laying out a variety of nuclear options, and moving ahead with
production of new, more sophisticated weaponry. Worse yet,
there has been no indication of any willingness among U.S.
political elites, despite some reported differences of opinion at
the highest levels, to even debate a shift away from the current
nuclear basis of national security.

While the threat of WMD, including nuclear proliferation, remains
more acute than ever, U.S. failure to honor its NPT obligations
could not reveal more clearly the extent of Washington outlawry
and rejectionism on a world scale. As the Commission report
makes clear, no progress on WMD containment, arms control, and
proliferation — much less disarmament — will be possible so long as
the U.S. maintains its current belligerent and militaristic posture.
As Hans Blix, former chief U.N. weapons inspector, has written:
"With accelerating independence, there is an increasing necessity
to cooperate in order to protect the global environment, to manage
the global economy, and to stop the spread of contagious diseases.
Why not also cooperate to stop killing each other." 58

Looking forward to the next NPT review in 2010, the U.S. as the
world's supreme military power and repository of the largest WMD
arsenal is morally and politically obligated to assume leadership
toward achieving a post-nuclear globe. It should renounce its
first-strike policy, drastically reduce its number of warheads, agree
to setting up nuclear-free zones, pressure its allies to downscale
their arsenals, junk plans for new weapons cycles such as the RRW,
and retreat from its missile-defense schemes like those in Eastern
Europe. Nothing is possible until the U.S. makes dramatic changes
in its WMD orientation. While few elected American politicians
favor such overtures — Representative Dennis Kucinich being the
most notable — public opinion surveys reveal strong majorities
in favor of significant nuclear reductions. Even the mainstream
Defense Monitor could state: "At a time when the United States is
understandably alarmed about other countries establishing military
nuclear programs, it is hard to justify why Washington not only
thinks it needs thousands of nuclear weapons, but is fighting to
retain its gargantuan complex of nuclear weapons labs." 59 We
face a stark and perhaps imminent choice — either move toward
eliminating nuclear weapons or risk global destruction.

5

A Tale of Broken Treaties

If international law today has languished in its capacity to regulate
behavior among nations — corrupted by double standards and
too often honored in the breach — the major culprit in this sad
trajectory has been the United States, determined since World War
II to pursue its goal of world hegemony at virtually any cost. The
major superpower has rejected or ignored global agreements that
might impede the smooth functioning of its economic, political,
and military imperium, including the U.N. Charter, independent
tribunals, treaties, rules of engagement, Geneva Protocols, World
Court verdicts. For more than a century international norms have
been established to forge common global principles, hoping within
the existing world (capitalist) order to constrain if not eradicate
the worst excesses of modern warfare. But the U.S. virtually alone
remains shamelessly and hypocritically outside these norms in a
system increasingly reduced to lawlessness. American politics is
infused with images of great-power exceptionalism linked to
ever-greater reliance on military power. While politicians, media
pundits, and academics pay lip service to democracy and the
"rule of law," in practice they have been inclined to uphold a
special American status within what is cynically referred to as the
"international community." For decades Washington has violated
or sidestepped treaties and conventions it regarded as obstacles to
U.S. national pursuits — a tendency pushed to extremes during the
Bush presidency, the neocon ascendancy, and the war on terror.

Enough terrain has been covered in previous chapters to dramatize
the scope and gravity of U.S. outlawry. To briefly recapitulate the
most egregious violations here, the supposedly benevolent and
peace-loving superpower has:

• Routinely violated key provisions of the U.N. Charter,
launching crimes against peace not only in Iraq but in such
recent cases as Panama, Yugoslavia, and Afghai

A TALE OF BROKEN TREATIES 145

Violated the Geneva Protocols (1948) regarding laws of
occupation (in Iraq) that pertain to the disposition of property
and the altering of domestic institutions.
Violated several international conventions by carrying out
wanton attacks on civilian populations, including in Japan,
Korea, Indochina, Panama, Yugoslavia, and Iraq.
Violated the Geneva Protocols by using weapons that are
innately destructive to civilian populations and objects,
involving biological and chemical warfare, depleted uranium,
anti-personnel bombs, and other inhumane weapons.
Violated international conventions prohibiting use of torture
and extraordinary methods of interrogation — at Guantanamo,
Abu Ghraib and elsewhere in Iraq, Afghanistan, and dispersed
CIA detention sites.

Violated the 1968 Nuclear Non-Proliferation Treaty that calls
on the nuclear powers to move toward dismantling arsenals,
forbids development of new weaponry, and requires a universal
system of monitoring strongly opposed by Washington.
Violated the NPT by assisting in the development of other
nuclear programs, such as that of India.
Refused to sign an international land-mines treaty calling for
cessation of the production and deployment of such mines that
remain dispersed around the planet in the tens of millions.
Blocked global efforts to strengthen the 1967 Outer Space
Treaty that would ban all weapons from space, while opposing
U.N. resolutions urging strictly peaceful use of outer space.
Undermined the Chemical Warfare Convention, which
it signed, by blocking international attempts to monitor
American corporate and military facilities.
Undermined the Biological Warfare Convention, which it also
signed, for precisely the same reasons.

Refused to endorse the International Criminal Court, insisting
on special exemptions for its own government and military
personnel.

Refused to sign the Kyoto Protocol designed to fight global
warming, insisting that any restrictions on its own industrial
growth will harm its national economy and security interests.
Refused to sign the Genocide Convention until 1988, four
decades after the UN. set it in motion, and then demanded
for itself special veto powers concerning legal initiatives within
the framework of a series of "

146 THE CRIMES OF EMPIRE

• Refused to abide by decisions rendered by the World Court —
for example, that brought by Nicaragua in 1986 — while
dismissing the body as irrelevant to U.S. interests and behavior.

• Consistently voted against U.N. Resolution 242 calling for
Israel to withdraw from territories it illegally occupied in
1967, joining only Israel and a few other small countries in
rejecting the longstanding international consensus.

• Opposed repeated U.N. General Assembly resolutions
condemning Israel for systematic human rights violations in
the West Bank and Gaza.

• Opposed (virtually alone) repeated U.N. General Assembly
resolutions calling for nuclear test bans, cessation of the
nuclear arms race, and nuclear disarmament. It withdrew
from the 1972 Anti-Ballistic Missile treaty in 2001.

• Opposed (usually alone or with Israel) literally hundreds of
UN. General Assembly resolutions expressing an international
consensus behind such issues as arms control, nuclear
proliferation, and combating terrorism.

Many instances of U.S. outlawry are covered in other chapters.
Several other violations — regarding the United Nations, the
Genocide Convention, the Outer Space Treaty, and the Kyoto
Protocol — are explored in the present chapter. Two other instances
of American rejectionism (on treaties related to laws of the seas and
tobacco regulation) deserve special elaboration here.

The UN. Convention on Laws of the Sea has for decades furnished
a basis for global agreements on marine boundaries, environmental
and material resources, scientific research, and pollution controls — a
sort of "Constitution of the Ocean" signed by 153 nations. A vital
international agreement in an era of global warming, the U.S. refuses
to lend its (obviously much-needed) participation. The UN. has
declared the oceans (covering 71 percent of the planet's surface) "the
common heritage of mankind" — an ecological commons — but the
U.S. is mesmerized by some trillions of dollars in wealth available
to be exploited by corporations. During the Reagan presidency,
Washington opposed any negotiations concerning the sea treaty,
vowing never to "give away" deep-sea resources it said belonged
to those with the necessary capital and technology to develop them.
Later, President Clinton managed to win enhanced corporate access
within the framework of the sea convention, but ratification was
blocked in the Senate after Jesse Helms said he would reject any
agreement in which the U.S. does not have preponderant voting

A TALE OF BROKEN TREATIES 147

power. That result was duplicated in 2004 when many senators
expressed fears over potential loss of U.S. sovereignty — a familiar
pretext for American rejectionism.

This failure takes on added meaning at a time when reports (in
2006) show that for years the U.S. military had been disposing of
millions of pounds of dangerous chemical weapons at sea, part of
an ocean-dumping program. The army alone secretly disposed of
64 million pounds of nerve and mustard gas, along with 400,000
bombs filled with chemical agents as well as thousands of land
mines, rockets, and 500 tons of radioactive waste, off the East Coast
of the U.S. Hazardous dumping, likely to bring terrible long-term
devastation to vast regions of the ocean ecology, took place from
World War II to at least 1970, with arrogant U.S. indifference to
the welfare of human and marine life. '

As for the tobacco treaty — called the Framework Convention
for Tobacco Control — Washington, under intense pressure from
American tobacco companies, has repeatedly opposed an agreement
now ratified by 144 nations. Developed by the World Health
Organization, the treaty was intended to regulate worldwide sales
of tobacco products expected to kill at least one billion people
across the twenty-first century. Outside any regulations, major U.S.
corporations like Philip Morris spent no less than $15 billion in 2006
to promote smoking worldwide. As the percentage of American
smokers declined markedly, these interests looked to "replacement
smokers" in foreign countries to increase their profits while the
death toll escalates. The tobacco convention requires participating
nations to regulate pricing, taxation, labeling, and advertising of
tobacco products, but the tobacco lobby in the U.S. wants no part
of such restrictions as the companies now sell roughly four times
abroad what they can sell in the U.S. Meanwhile, the global capacity
to regulate tobacco sales and use has been effectively gutted.

LAWLESSNESS: AN AMERICAN LEGACY

Beneath the familiar law-and-order mythology of U.S. history there
is a long tradition of lawlessness — a condition with deep roots in the
nineteenth century that continues into the present. Contrary to the
prevailing wisdom today, the easy willingness of American leaders
to break or ignore international agreements did not originate with
the neocons or the second Bush administration, although with them
the practice has surely been taken to new extremes. Here we focus
on perhaps the saddest and most treacherous phases of this legacy:

148 THE CRIMES OF EMPIRE

the use and abuse of treaties to facilitate the violent conquest and
destruction of Native American populations as part of "settling the
West. " Much of this history covers familiar terrain but some crucial
(if often obscured) elements of it deserve renewed emphasis in the
context of the outlaw trajectory explored in the present chapter.

The lengthy process of American nation-building, construed
in mainstream texts as a noble, democratic, civilizing mission,
became one of the most destructive episodes in human history —
one justly deserving the label "genocidal." It could, without much
exaggeration, be described as a sustained policy of extermination.
An indigenous population numbering as many as 15 million at
the time of Columbus was, by 1900, reduced to a mere 237,000
defeated, terrorized people forced onto mostly barren reservations. 2
This catastrophe followed many decades of conquest and forcible
removal in which lawful treaties, negotiated with dozens of tribes
occupying their own land, would be systematically abused and
dismissed within a strategy of protracted warfare that white
colonialists pursued as their God-given right. Having signed more
than 400 treaties beginning in the late eighteenth century, the U.S.
government broke virtually every one of them, justifying Vine
Deloria's sad conclusion that "it is doubtful that any nation will
ever exceed the record of the United States in perfidy." 3 This record
is no arcane, distant memory but rather persists across the entire
history of U.S. foreign and military policy.

As Deloria points out, the long trajectory of Indian population
removals and physical destruction, punctuated with massacres,
clearly shows the U.S. never intended to honor treaties it signed
in actual practice, for they were simply another weapon in its
vast arsenal of warfare. 4 The political foundation for displacing
Indians was to be found in the discovery doctrine, first enunciated by
Christian leaders, whereby the "rights of native tribes to their land
would be taken away in favor of those Europeans who happened to
'discover' the land" — simply another rationale for theft and, in the
process, mass murder. As more European settlers moved westward,
treaties were signed between the U.S. government and retreating
tribes with the supposed aim of ensuring peace on the frontier and
security for tribal peoples in their (redesignated) homelands. Yet
while the tribes generally held to their promises, the U.S. failed
to do so, continuing its theft of land as changing conditions on
the frontier provided new opportunities for property confiscation
and resource theft. More than two billion acres of indigenous
territory was stolen at the point of a gun, assisted by creative but

A TALE OF BROKEN TREATIES 149

duplicitous treaty-making. For example, between 1814 and 1824
the government signed a series of treaties with southern Indians
(Creeks, Cherokees, etc.) as whites moved to take over what is
presently Florida, Georgia, and Alabama, with Andrew Jackson
playing a key role in the agreements. As Howard Zinn comments:
"Every time a treaty was signed, pushing the Creeks from one area
to the next, promising them security there, whites would move into
the new area and the Creeks would feel compelled to sign another
treaty, giving up more land in return for security elsewhere." 5 Indian
resistance was met with swift and harsh military action. This same
pattern would continue until the last bastion of Indian opposition
was crushed, at Wounded Knee, South Dakota, in 1890.

While Native tribes believed they had an inalienable right to their
sacred lands, the government and settlers viewed them as savages
incapable of possessing rights, just as slaves had always been bereft
of rights. Jackson, taking over the presidency in 1829, engineered
this imperial crusade, setting out to expand inhabitable land for
white settlers by means of forcible removal policies. In 1830 the
Indian Removal Law was passed, abrogating existing treaties and
pushing the tribes off the most fertile and resource-rich land, often
relocating them to cold, barren territory far from their ancestral
homes. Under Jackson new laws stripped away all Indian claims,
including even the right to hold tribal meetings, while broadened
federal treaties (imposed by Washington) gave Congress new powers
over Indian communities. Many areas previously granted to the
tribes "indefinitely" — in perpetuity — were now abruptly taken away.
In many cases, after treaties were signed, new settlements would be
followed by attacks carried out by the army or militias intended to
push tribes out, where they often met with starvation, disease, and
other miseries. In 1832 the government made extravagant promises
to Indians in the Treaty of Washington, which forced them beyond
the Mississippi River, but these promises (for peace, security, new
homelands, etc.) were quickly and sadistically broken. The Indians
had caved in to virtually every U.S. demand, but to no avail. A
demonized population could be shamelessly violated at every turn,
fully justified by politicians, theologians, and academics. 6

As Robert Miller has shown in considerable detail, European
white settlers were able to legitimate their colonial theft by means
of the Discovery Doctrine, utilized well into the twentieth century. 7
This was nothing less than outright racist conquest codified and
institutionalized within U.S. law. The principle was that the first
Europeans to "discover" land occupied by Native populations

150 THE CRIMES OF EMPIRE

could claim ownership on the grounds that they were in an elevated
position to "develop" the property — a "principle" typically enforced
through political coercion or military takeover. An 1823 Supreme
Court ruling (Johnson v. Mcintosh) established the Discovery
Doctrine as basic to U.S. law, without the knowledge or consent of
the Indian people. 8 The assumption, specified in legal documents,
was that white colonizers were "civilized" while Indians were
primitive "savages" incapable of improving the territory they had
long inhabited. As Miller points out, Discovery ideology was closely
linked to the idea of Manifest Destiny, which endowed the new
American nation with special God-given rights and privileges. The
white settlers would bring their unique virtues westward, clearing
the terrain of all (human and natural) impediments to "progress."
In Miller's words: "This kind of thinking could only arise ... from an
ethnocentric view of one's own culture, government, race, religion,
and country as superior to all others." 9

One of the most disastrous betrayals of Native peoples occurred
with the systematic displacement of the Choctaws, historically
settled in the south-eastern regions. A series of treaties was signed
between Washington and the tribes — one of the so-called "Civilized
Tribes" — until the final treaty of Dancing Rabbit Creek (1830) forced
them across the Mississippi onto the barren plains of Oklahoma.
The Choctaws stubbornly resisted each encroachment while also
clinging to new promises, but were eventually forced to make the
long and difficult journey westward, defeated and impoverished.

Plenty of such episodes were later repeated. Thus in 1851 the
Treaty of Fort Laramie was negotiated between the U.S. and rep-
resentatives of the Sioux, Cheyenne, Arapaho, Crow, and other
tribes, assigning specific territories to each tribe, guaranteeing
peace and protection, and distributing $50,000 yearly to each
group for supplies. Lands were promised to the Indians "forever."
Immediately, however, tens of thousands of settlers poured across
the territories, military forts were set up in the middle of tribal
lands, and the U.S. wound up failing to comply with virtually every
provision of this supposedly landmark treaty. Such duplicity gave
rise to decades more of brutal war on the Great Plains, ending with
the Wounded Knee massacre in 1890 — in areas where the states of
Montana, Wyoming, Nebraska, Kansas, Colorado, North Dakota,
and South Dakota now exist.

In 1862 Congress passed the Homestead Act and the Pacific
Railroad Act, effectively overturning earlier treaties and further
opening Indian lands to white settlement, inspired by notions of

A TALE OF BROKEN TREATIES 151

"discovery" and Manifest Destiny as westward colonization took
on a powerful "civilizing" mission. Homestead promised 160 acres
to anyone (white) who claimed it and worked to improve it, while
the PRA gave rail companies 174 million acres of land across the
continent, mainly on Native territories. 10 In 1866 — two years after
the Sand Creek massacre of Cheyennes who had secured peaceful
camping rights in Colorado — the government forced open the
Bozeman Trail by military force, then called for a peace council
at Fort Laramie to neutralize Indian resistance. The Oglala Sioux
chief Red Cloud, upon learning of a planned chain of U.S. army
forts in the region, said: "Why do you pretend to negotiate for land
you intend to take by force? I say you can force us only to fight for
the land the Great Spirit has given us." 11 The government response
was simply more force, reflected in a Montana Post statement that,
"If the Indians continue their barbarities, wipe them out." 12 Two
years later Red Cloud did reluctantly sign the Fort Laramie Treaty
of 1868, hoping furtively for some measure of peace, security,
and homeland, but terms of the agreement (for undisturbed tribal
stewardship of their lands) were soon violated by the government,
validating the Oglala chief's earlier warnings about white duplicity
and treachery.

In 1871 Congress declared that no further Indian treaties would be
signed, no doubt concluding that, with weakened tribal resistance,
the theft of land by force no longer required even minimal legal
pretenses. As the remaining tribes were pushed onto mostly barren
reservations, the U.S. military and settlers managed to wipe out
the buffalo herds — an estimated 20 million — in little more than a
century. Toward the end of this cleansing process General Sheridan
told the Texas legislature that the buffalo slaughters "have done
... more to settle the vexed Indian question than the entire regular
army." 13 The road was paved for the U.S. to run roughshod over the
Treaty of Fort Laramie once gold was discovered in the Black Hills
and other areas of the West. Indians could not be allowed to stand
in the way of "progress," treaties or no treaties. In 1876 President
Ulysses S. Grant issued an executive order dictating that all Sioux
tribes must go to designated agencies or be killed, regardless of prior
agreements. Congress passed the General Allotment Act in 1887,
dissolving all tribal landholdings and dismantling all leadership
structures. During the 1889-90 Oklahoma land rush, some two
million acres of Indian territory was opened up to white settlers
and speculators by edict of President Benjamin Harrison, at which
time Thomas Morgan, Commissioner of Indian Affairs, said "the

152 THE CRIMES OF EMPIRE

Indians must now conform to the white man's ways." 14 According
to historians like Frederick Jackson Turner, writing at the end of
the U.S. annihilation of Native peoples, the colonial push westward
reflected a triumph of the great American dedication to freedom,
adventure, and private ownership.

The violation of Indian treaty rights did not stop with Wounded
Knee, however. By 1934 another 86 million acres had been transferred
from Indian to white owners. In the late 1940s vast resources were
discovered under Indian reservations — uranium on Navajo, coal
on Crow, oil and gas on Apache, and uranium along with coal
on Laguna Pueblo lands — which, at the time of the Cold War, the
government was anxious to mine for "national security" purposes.
Efforts were underway in Washington to reshape or dismantle the
reservation system as it had evolved. In 1950 Congress passed the
Rehabilitation Act, providing Indians with resources to leave for
cities and thus freeing the government to develop mineral-rich areas.
In the 1950s some 13 tribes and hundreds of bands were simply
terminated, from Wisconsin to California, while in northern Arizona
thousands of Navajos were forcibly removed to allow for mining
activities — all in violation of earlier treaties. Between 1952 and 1963
termination policy was carried out in earnest, as tribes progressively
lost trust status and whatever other fragile official standing they had
previously managed to negotiate. Little has changed in the political
and legal culture since the 1960s. In 1972 the American Indian
Movement (AIM) organized a Trail of Broken Treaties campaign — a
four-mile procession of cars and trucks — to dramatize this long and
sad U.S. history of broken treaties.

Treaties signed between Washington and the North American
tribes were historically understood as contractual relations, meaning
that each party had to agree to the terms of the agreement for it to
be valid. The U.S. government was fully obligated to uphold treaties
it had signed in good faith, but such legal responsibilities were never
fulfilled; Indians were dismissed as serious contractual partners,
despite rhetoric to the contrary. Tribes repeatedly went to court
to confirm or uphold their treaty and property rights but typically
lost as the federal judiciary consistently refused to recognize the
legal validity of treaties signed with Indians. (At the same time,
courts have generally upheld tribal claims of tax exemption,
although these claims too have come under sustained political
and legal challenge.) In the end tribes enjoyed no real leverage in
federal courts, and no legal standing when it came to treaties. The
government frequently justified their hypocritical stance by saying

A TALE OF BROKEN TREATIES 153

that whites "gave" Indians their land but the tribes had failed to
"develop" it as required. In reality, as Deloria observes, "practically
the only thing the white men ever gave the Indian was disease and
poverty. " ls Of course the reverse of Washington propaganda was
the actual case: Indians were routinely forced to "give" away their
ancestral lands to the militarily superior white forces. Throughout
this long process of fraudulent treaty making it was always possible,
moreover, for Congress to pass legislation superseding earlier treaty
provisions — and of course the tribes had no way to effectively fight
back. Over the years, by signing and then breaking treaties, the U.S.
was able to gain absolute domination over the lands and lives of
Native Americans.

This record of betrayal and lawlessness established a strong
precedent for subsequent U.S. behavior in the world. The legacy
of national exceptionalism and colonial arrogance runs deep. As
Deloria writes:

The Indian wars of the past should rightly be regarded as the first
foreign wars of American history. As the United States marched
across this continent, it was creating an empire by wars of foreign
conquest just as England and France were doing in India and
Africa. Certainly the war with Mexico was imperialistic, no
more or less than the wars against the Sioux, Apache, Utes, and
Yakimas. In every case the goal was identical: land. 16

One difference between the U.S. and the English or French, of
course, is that U.S. imperial domination eventually became truly
global. When the frontier was finally declared closed in 1890 it
would be just a short time before U.S. militarism would take the
country into the Spanish-American War — a watershed event for
the development of twentieth-century American global expansion.
"There has not been a time," Deloria writes, "since the founding
of the republic when the motives of this country were ii

SUBVERTINGTHE UNITED NATIONS

U.S. participation in the United Nations has a long, complex, and
twisted history — one that evolved into a corrosive relationship
generally indicative of American exceptionalism. In 1928 the U.S.
and some European powers forged the Kellogg-Briand Pact with the
goal of outlawing war as an instrument of foreign policy or, short
of that, establishing a rules-based approach to warfare. The hope

154 THE CRIMES OF EMPIRE

was that Kellogg-Briand might lead toward a new world legal order
going beyond previous conventions and treaties. In 1942 the same
countries signed the Atlantic Charter, an updated effort to create
a framework of peaceful international relations, which eventually
paved the way toward the U.N. Charter, framed in June 1945 to
replace the defunct League of Nations (never supported by the U.S.).
Benefiting from momentum created by the Nuremberg and Tokyo
tribunals, the U.N. would be the first truly international body to
ensure world peace: outlawing warfare, guaranteeing sovereignty
and equal rights among nations, affirming a code of human rights,
embracing the principle of universality. By the late 1940s, following
the most destructive war in history, the U.N. Charter had emerged
as a crucible of hopes and dreams for a world that might finally
be liberated from the scourge of warfare and oppression. Toward
this end the Universal Declaration of Human Rights was created
under U.N. auspices in December 1948 and adopted by the General
Assembly in August 1949.

From the outset, however, the U.S. (with a few of its allies) was
able to dominate U.N. deliberations owing to its superpower status,
preponderant military force, economic leverage, and veto rights as
a member of the five-nation Security Council. As quickly shown by
the U.S. intervention in Korea (1950-53), conducted as a legitimate
U.N. operation, the U.S. was strong enough to pursue its own global
interests through the world body despite the nuisance of occasional
Soviet vetoes in the Security Council. (For the vote on Korea the
USSR was mysteriously absent.) Over time, however, as U.N.
General Assembly membership grew rapidly to include dozens of
new (mostly third-world) countries — many at odds with Washington
agendas — U.S. capacity to mobilize consensus behind its foreign-
policy objectives grew more problematic. Its power to manipulate
a majority of General Assembly members was so weakened that by
the 1970s it frequently wound up among small minorities opposing
General Assembly resolutions. 18 The U.S. increasingly found itself
politically isolated despite its preponderant economic and military
power. Since the late 1960s, the U.S. has taken the lead in vetoing
Security Council resolutions, many of them condemning either U.S.
or Israeli military actions. Thus, even where the U.S. was unable
to bend the U.N. toward its own interests, it still retained enough
power not only to block resolutions but to water them down in
either the General Assembly or Security Council. By the turn of
the new century, Washington had built such an enduring record
of rejectionism at the U.N. that it effectively undermined the body

A TALE OF BROKEN TREATIES 155

as a global peacekeeping institution. The U.S. was doing more to
subvert than to empower the very UN Charter it had helped bring
into being.

In the case of the second Iraq war, the U.S. made several efforts
to win Security Council support but in the end simply executed its
plans for invasion and occupation with flagrant disregard for U.N.
rules and deliberations. In the lead-up to military action Washington
made clear its designs for regime change — in opposition to any U.N.
or international consensus, if necessary — with Bush warning that
Security Council refusal to endorse U.S. action would condemn
the U.N. to irrelevance. In fact U.S. military operations had been
planned months before March 2003, rendering the unprovoked war
a crime against peace as defined by both Nuremberg and the UN.
Charter. Relying on an entirely bogus pretext for war — the imminent
threat of the Hussein regime to U.S. security and world peace —
the U.S. simply followed its own geopolitical agenda in brazen
contempt for international law. The U.S. had already conducted
sabotage, infiltration, and covert actions as a prelude to military
intervention, much of it under U.N. cover. Paradoxically, at the
very moment it was subverting or dismissing the U.N., the Bush
administration shamelessly tried to justify its military aggression
by invoking Security Council Resolution 688, passed in April 1991
to enforce Iraqi arms reductions, but the Hussein regime was never
shown to be in violation of this resolution and, moreover, it never
actually permitted unilateral military action.
If the Iraq debacle shows a U.S. readiness to violate the U.N.
Charter — that is, if Bush could insist upon capitulation to U.S.
military intervention, or else — this simply reveals the lengths to
which Washington will resort to push its imperial objectives.
Nor was this the first time Washington had launched a military
attack without Security Council approval. The same contempt for
international law was evident in U.S. military operations against
Panama and Yugoslavia, for example, not to mention a series of
earlier attacks on Iraq (such as the Desert Fox bombings in 1998),
at times when U.S. leaders never bothered to so much as consult
with the U.N. or any other body. (The U.S. vetoed a Security
Council resolution condemning the illegal 1989 surprise attack on
Panama.) Moreover, Bush was hardly the first President to invoke
the need for "preemptive war," though using different language,
to protect American global interests — the Truman Doctrine of the
late 1940s being a case in point. We know, however, that Bush and
the neocons have been more ideologically aggressive than most

156 THE CRIMES OF EMPIRE

predecessors. Echoing the neocon approach, David Frum and
Richard Perle could write: "When did the United States require
the Security Council's permission to defend itself?" 19 They added
that when the U.S. does not get its way it should "unashamedly
and explicitly reject the jurisdiction of these [U.N.] rules." 20 What
they had in mind, of course, was a strictly offensive military action
to overthrow a sovereign government located some 10,000 miles
from American shores.

U.S. subversion of the U.N. extends well beyond simple evasion
or cloaking national schemes under the body's legitimacy: the use
of bribes and threats to coerce pro-American votes has been widely
employed, as for example in mobilizing Security Council backing
for the 1991 Persian Gulf War. 21 Given a record of such power
maneuvers, the carrying on of Washington politicians about other
nations living up to their U.N. obligations seems vacuous.

U.S. exceptionalism and resort to double standards is, as we
have seen, deeply ingrained in the political culture. Since the
late 1970s Washington has opposed literally hundreds of U.N.
resolutions favoring human rights, provisions of international
law, disarmament, curbs on military intervention, and the like, and
has consistently defended Israel against repeated U.N. resolutions
condemning it for military occupations, illegal settlements, human
rights transgressions, various atrocities, and crimes against peace.
Despite self-righteous rhetoric concerning the horrors of WMD,
the U.S. has fought off encroachments on its own sovereign "right"
to manufacture, deploy, and even use such weapons, voting often
against General Assembly measures to control WMD according to
universal criteria, that is, agreements binding on all nations.

Since examples of U.S. rejectionist behavior are far too numerous
to detail here, a brief survey will have to suffice. In December 1979
the U.S. opposed (with France and Britain) a resolution calling
for negotiations to curtail the arms race; in December 1980 it
rejected (with Britain) a call for cessation of nuclear testing; in
December 1981 and again in December 1983 it alone refused to
endorse prohibitions against chemical and biological warfare; in
December 1982 it opposed (by itself) the idea of a comprehensive
nuclear-test-ban treaty; and in December 1984 it rejected (alone)
a resolution outlawing manufacture and development of WMD in
any form. 22 Despite its adherence to the Outer Space Treaty, the
U.S. in December 1983 opposed (alone) calls for space to be used
for strictly peaceful ends. Meanwhile, rhetoric in favor of peace
and democracy emanating from Washington was rarely translated

A TALE OF BROKEN TREATIES 157

into binding U.N. resolutions — witness its 1979 opposition (with
Israel) to a ban on interventions in the affairs of sovereign states,
and its 1983 refusal (alone) to put the U.N. on record as permitting
all states to choose their own social order. Similarly, the U.S. stood
completely alone in its failure to support resolutions (several in
the late 1970s and early 1980s alone) condemning apartheid in
South Africa. 23

The international scourge of Nazism and terrorism? Historically,
U.S. leaders have yielded to no one in their self-righteous opposition
to political violence, and for at least two decades Washington claims
to have been fighting a holy war against international terrorism.
Within U.N. confines, however, the U.S. has turned a different face:
in December 1985 it opposed (with Israel) a resolution calling for
concrete measures against Nazi and neo-Nazi groups, while in
December 1987 it rejected (with Israel) a series of proposals to
prevent and combat terrorism. Further, despite its claims to uphold
the ideal of national sovereignty, the U.S. has routinely opposed
U.N. efforts (always joined by Israel) to repeal the decades-long
harsh and senseless American embargo on Cuba — one typical vote
(in 1998) being 157 to 2. Even modest humanitarian resolutions —
for example, one in 1979 proposing a U.N. conference on the status
of women — seemed too radical for Washington politicians: the
U.S. and Israel alone rejected it. Far more obstructionist has been
U.S. unwillingness to extend human rights to include health care,
work, and education, provisions long ago enshrined in the Universal
Declaration of Human Rights that the U.S. itself endorsed in the
late 1940s. And the U.S. has been notably rejectionist in the area
of environmental and health protections. Thus in October 1982
it opposed (alone) the idea of a World Charter to monitor and
protect the global environment; voted in December 1982 (tally 146
to 1) against measures to protect humans from products deemed
harmful to health and the environment; rejected in December 1983
(alone) a proposal to make health care a universal right endorsed
by all nations; and opposed in December 1986 (alone) yet another
measure designed to protect humans from production and sale of
harmful goods. 24 More recently (in 2006), the U.S. has ardently
opposed U.N. adoption of a Declaration on the Rights of Indigenous
Peoples, a long-overdue measure supported by nearly 190 nations.
Countries like the U.S. (including Russia and Canada), despite their
human rights rhetoric, fear extending genuine freedoms to Native
populations with access to considerable land and resources.

158 THE CRIMES OF EMPIRE

Yet nothing is more indicative of U.S. hostility to world
consensus — and international law — than its unwavering support
of Israeli violations across four decades. The belligerency of both
nations includes rejection of dozens of General Assembly resolutions
affirming Palestinian national rights and a two-state solution,
along with demands for Israel to cease illegal settlements, vacate
occupied territories, and discontinue its ongoing human rights
abuses such as unlawful detentions and torture. Resolution 242,
passed in November 1967, called for Israeli withdrawal from Gaza
and the West Bank — illegally seized through military conquest —
as the basis of any settlement. With strong U.S. backing, Israel
has consistently opposed 242, a measure based on the principle of
national self-determination and endorsed universally. In 1976 the
U.S. vetoed a Syrian proposal for Security Council backing of a
two-state solution based on 242, followed by U.S.-Israeli rejection
of a General Assembly measure (December 1978) condemning
Israel's systematic human rights abuses in the occupied territories
and refusal to go along with another resolution demanding the
right of Palestinians to return to areas from which they had been
expelled (November 1979). In December 1980 the U.S. and Israel
voted against a resolution calling for improved living conditions
in occupied lands, and in October 1981 both nations opposed a
resolution condemning Israel for its unprovoked military strike
against Iraq. In 1988 the Palestinian National Council proposed
a two-state settlement based on 242 — supported by all nations
except the U.S. and Israel, whose leaders argued that Jordan must
be considered the true Palestinian state. Later, in December 1989,
the General Assembly called for long-overdue progress toward a
Palestinian state, again based on the 242 consensus, which the U.S.
and Israel refused outright.

Since 1970 the U.S. has either formally or informally supported
Israeli occupation in the West Bank and Gaza, new settlements,
military aggression, and widespread atrocities while rejecting
proposals for an international conference tied to the key provisions
of resolution 242. The Israeli annexation of Jerusalem — illegal
and condemned by the U.N. — has received U.S. endorsement since
1968. More recently, in December 2003, the General Assembly
reaffirmed the Palestinian right of self-determination, denied only
by the U.S., Israel, and a few tiny island-states. A January 2004
resolution calling for Israeli withdrawal from occupied territories
and a two-state arrangement based on 242 met the same fate. 25 In
August 2006, as mentioned, the U.S. blocked a Security Council

A TALE OF BROKEN TREATIES 159

measure condemning the Israeli military attack on Lebanon. Not
only does such flagrant rejectionist behavior signal a dismissive
attitude toward the U.N., international law, and basic human
rights — not to mention Palestinian self-determination — it also
reveals what should be obvious: the U.S.-Israeli preference for
military force over diplomacy in resolving what is said to be an
intractable conflict. This stands as perhaps the most egregious
instances of lawlessness in the world during the postwar years.

With the ascendancy of Bush and the neocons, U.S. rejectionism
at the U.N. turned even more strident and arrogant, revolving
mainly around issues related to the Middle East: outright violation
of the U.N. Charter, illegal invasion and occupation of Iraq, cynical
use of the U.N. to conduct infiltration, surveillance, and covert
action, refusal to endorse arms-control efforts, human rights double
standards, unwavering support of Israeli outlawry, flagrant disregard
for global treaties as in the case of the ICC. When John Bolton
took over as U.S. delegate to the U.N. in early 2006, Washington
took its bellicosity to new levels, threatening even to withhold
American financial support in the absence of majority backing of
U.S. initiatives. A hard-line neocon, Bolton injected a particularly
abrasive style into his work, marked by a fierce antagonism toward
any international body not fully subservient to American interests.

Such parochial views, predictably, have achieved widespread
acceptance among the American public; national exceptionalism
and its by-products have never been confined to elite culture. A
2005 German Marshall Fund survey found Americans far more
willing than Europeans to dismiss the UN. and other international
organizations in situations where vital U.S. objectives might be
compromised. 26 The poll revealed that Americans have less interest
in global events and institutions than do Europeans and, by a large
majority, believe U.S. leaders should not be required to seek U.N.
approval for military action. Positive images of the U.N. — a body
that Washington helped establish and which was once viewed as
a bulwark of hopes for world peace — are presently held by fewer
than half of the Americans surveyed. 27 No doubt many years of
U.S. outlawry and rejectionism were destined to have this sort of
impact on public opinion.

GENOCIDE ACCORDS: THE GREAT RETREAT

Since World War II, in the wake of unspeakable Nazi

ted against Jews, Gypsies, Slavs, and assorted pol

160 THECRIMES OF EMPIRE

enemies, the crime of genocide has become solidified in the global
consciousness as the most horrible of offenses — one that can be
charged against individuals, groups, or states. The concept of
genocide was initially formulated by Raphael Lemke who, during the
early 1940s, sought to define genocide as the crime of crimes — the
destruction of an ethnic, religious, or national group by economic,
political, cultural, or military methods (or some combination of
these methods). According to Lemke, genocide could involve efforts
aimed at undermining the capacity of a group to survive, as the
perpetrator seeks to impose its own modes of existence on those
it targets. 28

With the Nazis defeated in 1945, one of the first orders of business
for the victorious Allies — both at Nuremberg and at the United
Nations — was to establish a legal precedent for trying and punishing
those guilty of this ultimate crime, with hopes of preventing future
occurrences. At Nuremberg many of the 21 defendants were charged
with "crimes against humanity" understood to include atrocities
against civilians — though not amounting to genocide as such — but
only a few (Joachim von Ribbentrop, Herman Goering, and a few
military leaders) were ultimately convicted as the tribunal focused
mainly on crimes of aggression. In December 1946 the U.N. General
Assembly passed resolution 96/11 stating that "genocide is a denial
of the right of existence of entire human groups, as homicide is
the denial of the right to live of individual human beings," a crime
contrary to the content and spirit of international law and the U.N.
Charter. 29 In December 1948 the General Assembly unanimously
adopted the Convention on Prevention and Punishment of the Crime
of Genocide — a treaty that would become binding international law
for the postwar era after a majority of U.N. member states ratified
it by January 1951. (By 1990 more than 100 nations had signed on
to this historic convention.) Despite areas of legal ambiguity, the
Convention essentially carried forward the substance of Lemke's
seminal definition of genocide.

Although the U.S. took the lead in prosecuting Nazis for
war crimes, its politicians and lawyers eloquent in their moral
denunciations of German monsters, Washington in fact had major
reservations about the Genocide Convention from the outset,
refusing to endorse it after trying to weaken its main provisions.
To be sure, the agreement had at the time — and indeed continues to
have — significant conceptual and legal problems. Yet what bothered
U.S. delegates most was the ominous breadth of criminal offenses
involved and the perceived threats to national sovereignty (namely

A TALE OF BROKEN TREATIES 161

possible restrictions on U.S. military operations) they seemed to
pose. Then, as later, the U.S. feared institutionalization of truly
global forms of juridical power, which the Genocide Convention
sought to embrace and codify. At the time of a nascent Cold War,
when the international fight against Communism was placed at the
top of the agenda, Washington was in no mood to accept restraints
on its exercise of economic, political, and especially military power.
Some rather loose definitions of criminal accountability inserted into
the Convention — for example, references to destruction of a group
totally or in part — worried American negotiators, as did provisions
for making perpetrators accountable for the cultural dimension
of genocide. Many felt that genocide laws might in the future be
applied to excesses of U.S. global behavior, a concern that would
be later intensified with the onset of the Vietnam War. (Indeed the
Russell Tribunal did charge the U.S. with waging genocidal warfare
in Vietnam when the court issued its judgments in 1967.)

The U.S. fear of binding genocide laws persisted for decades after
the first treaty was passed — a sentiment that politicians, the media,
leading academics, and other opinion leaders all seemed to share.
In 1970 the Genocide Convention was finally submitted to the
Senate for ratification at a time when President Nixon apparently
hoped to refurbish an American global image severely damaged by
the Vietnam War. Still opposed by a majority of Washington elites,
the treaty met with renewed hostility as senators raised familiar
arguments about how the Convention might be turned against the
U.S. Further, placing American military operations under stringent
legal codes struck many senators and others as an unreasonable
constraint on U.S. military activity abroad, some of which, after
all, had already been extremely protracted and bloody. By 1985,
however, as the Convention evolved into customary-law status, the
U.S. appeared ready to accept legal protocols that were now part
of an international consensus. The Vietnam War, meanwhile, was
long over, even as the "Vietnam Syndrome" (referring to a heavy
national mood of defeat and humiliation) remained very much alive.

The U.S. Senate eventually ratified the Genocide Convention in
February 1986, but not until a "sovereignty package" was put
together with the idea of minimizing potential negative consequences
for American military behavior. With an elaborate set of Lugar-
Hatch-Helms reservations firmly in place, congressional passage
of the Genocide Convention Implementation Act, known as the
Proxmire Act for the senator most aggressively pushing it, came
in October 1988, achieving full legal status in February 1989—

162 THE CRIMES OF EMPIRE

four decades after the treaty was initially framed. But this was no
great turning-point: modifications to the Convention demanded
by Washington effectively gutted major provisions, at least where
U.S. culpability might be at issue. Everything was arranged to
give Washington maximum freedom to interpret the Convention
as it chose, to protect itself against any possible charges. Thus
Reservation I (2) states "that nothing in the Convention requires or
authorizes legislation or other action by the United States prohibited
by the Constitution of the United States as interpreted by the United
States." A second reservation mandates that before any legal process
can be brought before the International Court of Justice the U.S.
has the right to give its specific consent. Finally, there is a provision
stating that "acts in the course of armed conflicts committed without
the specific intent required by Article II [of the Convention] are not
sufficient to constitute genocide as defined by this Convention." 30 In
other words, U.S. "sovereignty" reservations are broad and flexible
enough to remove any possibility its citizens might be prosecuted
for the crime of genocide. That charge, it turns out, is appropriate
only for others lacking the benefit of such protective "sovereignty"
clauses. Formal objections to these outrageous American exemptions
were raised by many signatories to the Convention — exemptions
widely regarded as a violation of international law — with Holland
flatly refusing to accept U.S. ratification under these terms.

A prelude to later U.S. rejectionism in the case of the International
Criminal Court, Washington's obsession here with immunity from
prosecution would have a debilitating impact on the quest for
global justice. Exempting the very nation most likely to be guilty
of military-related crimes makes little moral, legal, or political
sense. High-sounding rhetoric about Nazi genocide at the end of
World War II would unfortunately never be translated into universal
political discourses or legal codes, thanks to continued U.S. excep-
tionalism. The leading superpower insisted on the absolute freedom
to behave as it chooses. The result has been a truncated Genocide
Convention, leaving only ad hoc procedures created to punish those
hostile to U.S. national interests. As Ward Churchill writes: "The
upshot is that after a half-century of blocking implementation of
the Genocide Convention, the United States has moved decisively
to dominate it, harnessing international law entirely to the needs
and dictates of American policy." 31

Far from being systematically investigated, prosecuted, and
punished, therefore, potential instances of genocidal behavior have
been sidestepped or ignored, above all where U.S. culpability might

A TALE OF BROKEN TREATIES 163

be at issue. In at least three extended postwar cases the U.S. has
been arguably guilty of genocidal behavior: Korea (1950-53), where
the death toll reached up to four million; Indochina (1961-75),
where as many as three-and-a-half million people were killed; and
Iraq (1991-present), where a combination of two wars, sanctions,
bombings, and military occupation has led to perhaps at least
two million deaths along with millions of refugees. The massive
casualties in each case were overwhelmingly civilian. And the
military aggression was entirely planned and deliberate, conducted
without provocation — entirely a function of U.S. imperial ambitions.
Yet no charges have been filed against any U.S. government or
military leader — or any related organizations — since the Genocide
Convention was established. Other possible examples of genocide —
Israel in Palestine since 1948 and the Indonesian massacres of the
1970s — have likewise never been brought before a tribunal. Only
ad hoc prosecutions of genocide (in Rwanda, the Balkans, and Iraq,
against local defendants) have made any legal headway.

Most careful observers agree that the Genocide Convention had
serious flaws from the beginning — enough to undermine its capacity
to be used to punish violators of this particular species of war
crime. On the one hand, the offense itself was so vaguely defined
as to be relevant to a wide variety of atrocities often committed
during warfare or civil war — as reflected in the provision stipulating
that genocide can extend to the destruction of a group entirely or
in part, with no strict criterion as to what constitutes "in part."
On the other hand, prosecutors had the burden of demonstrating
specific intent on the part of decision-makers as shown by (usually
absent) public statements and documents similar to the official Nazi
accounts of the "final solution." Even so, some flagrant historical
cases of what might generally be understood as genocide would
seem to be morally and legally identifiable: the U.S. extermination
of Native Americans; Turkish destruction of Armenians in 1915;
the Nazi targeting of Jews and others during World War II; Pol
Pot's Cambodian massacres of the 1970s; the Rwandan atrocities
of the early 1990s. The postwar instances of possible genocidal
criminality mentioned above might be added to this list. Yet
rarely have any potential cases of genocide been investigated and
prosecuted on a large scale; they have mostly been ignored and
gone unpunished. A few Rwandan defendants were convicted of
genocide at the International Criminal Tribunal for Rwanda (ICTR)
in 1998. Attempts to win similar verdicts against Serbs at The Hague
ultimately failed, while in Baghdad Hussein and his co-defendants

164 THECRIMES OF EMPIRE

were convicted (with some put to death) before they could be tried
for the more serious crime. (Some Nazi defendants at Nuremberg, as
mentioned, were found guilty of "crimes against humanity" rather
than genocide.)

Whatever its flaws — and leaving aside the outrageous U.S.
"reservations" — the Genocide Convention could have been invoked
against American government and military leaders on at least three
occasions: Korea, Indochina, and Iraq. Enough details of the massive
death and destruction that Washington brought to these regions have
been presented in other chapters of this book (much of it available
from other sources) to substantiate charges of genocide, even given
the requirement of having to prove specific intent. It can be shown
that these offenses involved planned military aggression on behalf
of specific global objectives, wanton attacks on civilian populations
and related targets, and protracted operations across months and
years. Whether these crimes qualify as "genocide" or simply "crimes
against humanity," they surely merit investigation and prosecution
at a level far exceeding charges leveled against Milosevic, Hussein,
Pol Pot, and others who were actually prosecuted. The fact that
U.S. war planners have never been brought to justice has little to do
with obvious flaws in the Convention and much more to do with
superpower immunity from legal action. Ironically, the U.S. falls
back on precisely the same rationalization invoked by the Nazis:
national laws and priorities must take precedent over general moral
and legal principles (which in fact are more effectively codified today
than in the 1940s). Yet the thesis put forth by Jean-Paul Sartre at
the Russell Tribunal — where he argues that imperialism logically
produces genocidal outcomes — would appear even more compelling
in 2009 as the U.S. continues its pursuit of world supremacy. 32

The case against the U.S. in Iraq would seem to be especially
compelling. Since 1991 Washington has started two bloody wars
against the country, bombed it many times in between, imposed
a harsh economic sanctions program, sponsored covert action,
carried out wanton destruction of civilian targets, set up a
military occupation regime giving rise to horrendous civil strife,
decimated the public infrastructure, and practiced widespread
torture at detention centers. As of early 2009, U.S. intervention
had accounted for up to two million deaths and an estimated three
million refugees — all in the interest of regime-change that, as shown
in the historical documents, was carried out to serve American
geopolitical interests. Evidence shows that the U.S. had planned
these operations years in advance, visible in numerous reports

A TALE OF BROKEN TREATIES 165

and statements, the likely consequences well known before the
first "shock-and-awe" military attacks took place. Iraqis involved
in popular resistance to occupation have been demonized in the
American media as "terrorists," common criminals, and thugs, just
one reflection of imperial arrogance and racism surrounding the
operations. Whether this barbarism amounts to genocide or crimes
against humanity (along with assorted other war crimes) might be
a matter for lawyers to debate, but U.S. culpability for the most
horrific criminal behavior is hardly in doubt.

The Genocide Convention could also be applied to the Israeli
occupation of Palestine and its brutal consequences for the
population across six decades. If this ultimate crime is defined
to include "deliberately inflicting on the group conditions of life
calculated to bring about its physical [and cultural] destruction in
whole or in part," then it would surely extend to Israeli behavior
that has been extensively documented. 33 Indeed there is no example
in the postwar era of such a protracted material, ideological, and
physical assault on a civilian population, interspersed with recurrent
military atrocities. Israeli leaders have justified ethnic cleansing
on the basis of biblical claims to a "Greater Israel," a crusade
permitting land to be stolen by armed aggression — a close parallel
to the infamous Discovery Doctrine used by white American settlers
to appropriate Indian land. For the Israeli leaders, local Palestinian
inhabitants either "never existed" or were undeserving of the land
they called home. In 1969 Israeli Prime Minister Golda Meir stated
that "there was no such thing as Palestinians ... It was not as though
there was a Palestinian people in Palestine considering itself a people
and we came and threw them out and took their country away
from them. They did not exist." 34 Whatever the case, Israeli claims
to Palestine are rooted in Zionism, an essentially fascist ideology
that the U.N. General Assembly referred to in 1974 as a virulent
form of racism. It follows that in the historical example of Israel
setting up a state in Palestine, as with the U.S. occupation of Iraq,
the perpetrators have carried out genocidal policies easily traceable
to official documents and statements — policies, that is, revealing
both the "general" and "specific" intent to carry out genocide as
laid out in the Convention.

That neither the U.S. nor Israel has been prosecuted, or even
investigated, for genocidal behavior demonstrates the bankruptcy
of the Genocide Convention in establishing a framework for the
most serious offenders culpable. American and Israeli leaders have
been spared indictments while others, the weak and demonized

166 THE CRIMES OF EMPIRE

targets of these same leaders (Serbs, Iraqis), have been pursued with
a vengeance. As for the U.S., its notorious "reservations" permit
it to veto any legal action brought against it at the ICC. In the
case of Israel — aside from claims that victims of its actions "never
existed" — its own domestic laws state that genocide can only be
a "crime against the Jewish people," meaning that Israel must be
considered innocent by reason of its own national and racial excep-
tionalism. For both nations, in other words, "genocide" turns out
to be an ideologically laden category, a criminal action for which
only designated "others" can be held legally responsible.

IMPERIALISM IN SPACE

Interwoven with the U.S. pursuit of global hegemony is its renovated
project of National Missile Defense (NMD), a spin-off of the Star
Wars program launched by President Reagan in the early 1980s.
Always integral to this ambitious military strategy has been the
weaponization of space with its long-term prospect for introducing
nuclear reactors and weapons — a scheme designed by the Pentagon
to give Washington maximum earthly military flexibility and power.
The Outer Space Treaty (OST), crafted by the major nuclear powers
in 1967, specified that space should be reserved for entirely peaceful
uses, the hope being to avoid a space-based arms race that could
easily veer out of control. Nuclear armaments in space were
completely forbidden to any country. While conventional weapons
were not banned as such, the intent and spirit of OST (signed by
the U.S.) was to short-circuit any military competition in space.
Four decades later, the U.S. alone among nations has moved sys-
tematically to weaponize space, employing satellites and related
technology for a wide range of military functions: combat, logistics,
surveillance, intelligence gathering, and communications. More
troubling, the Bush administration expressed its displeasure with
even modest OST protocols and signaled its readiness to scrap this
seminal treaty, perhaps anxious to reach the next (nuclear) level of
space weaponization.

The U.S. colonization of space already goes far beyond "missile
defense," a plan usually associated with the old Star Wars project,
to embrace a global strategic capacity permitting full coordination
of ground, sea, and air operations. In violation of at least the
spirit of OST, the Bush administration earmarked tens of billions
of dollars for NMD and related projects, a cost that could reach
more than $25 billion yearly by 2010. As Karl Grossman observes,

A TALE OF BROKEN TREATIES 167

the U.S. set out to become the sole "master of space," 35 giving it
dramatic military advantages over all possible competitors — one
signpost of revived American imperial objectives. Although (as of
early 2009) the Pentagon had yet to introduce nukes into space, a
future program could involve hundreds of nuclear-armed satellites
orbiting the earth in multiple directions. Seeing both geopolitical
and economic benefits to this, the Council on Foreign Relations —
backed by the Heritage Foundation, the American Enterprise
Institute, and several university think-tanks — has strongly pushed
for a more expansive view of the space program combined with
traditional missile-defense priorities. Corporations like General
Electric, TRW, Lockheed-Martin, and Raytheon have developed
vested interests in these projects, as have assorted university research
and development programs. 36

Weapons the Pentagon expects to be integral to the U.S. Space
Command's "Vision for 2020" include laser-beam devices,
particle-beam instruments, and other systems tied to orbiting
nuclear reactors used for sources of power. This could signify not
only weapons in space but nuclear devices deployed side-by-side
with them. In its Project Prometheus the National Aeronautical
and Space Administration (NASA) has laid out plans for nuclear-
powered rockets. Already by 1999 these schemes had so alarmed
government leaders, military officials, and scientists around the
world that a U.N. General Assembly resolution aimed at short-
circuiting an arms race in outer space was signed by 138 nations,
with the idea of preserving space for strictly peaceful uses — just
as the original OST intended. Ominously, both the U.S. and Israel
(alone) refused to sign the declaration. Since then the Bush admin-
istration has done everything in its power to subvert an arms race,
but with different priorities in mind — by moving to solidify its own
(unilateral, monopolistic) control of outer space. This stratagem,
however, could well be frustrated as the Russians, Chinese, and
others seek to counter American maneuvers, further compromising
the intent of OST.

The threat of nuclear proliferation is likely to worsen, sooner
or later, as U.S. space militarization intensifies, setting off global
fears and responses. One problem is the atomic component of the
space program itself: with reactors in place, how long will it take
the Pentagon to nuclearize its military strategy? Another problem is
the expansion of ground-based missile-defense systems that, as we
have seen, bolsters U.S. offensive as well as defensive capabilities.
The idea of a vast network of interceptor missiles designed to block

168 THECRIMES OF EMPIRE

incoming warheads might be a pipe dream in terms of effective
armed national defense, but it has been taken seriously by other
nations (notably Russia and China) as a move by Washington to
enhance its first-strike capacity. As of 2009 few such missiles had
been produced and tested, even fewer deployed. In fact by 2007
only ten or so missiles were fully operational, deployed within a
new system called the Ground-Based Midcourse Defense (GMD),
first established in July 2004 at Fort Greeley, Colorado. Despite
repeated failure of intercept-missile testing, the Bush administra-
tion looked to deploy new ballistic devices while also moving, in
the face of some external opposition, to set up new GMD sites in
Europe and elsewhere. In this context Washington began to search
for ways to supersede OST, increasingly viewed as a fetter on the
Pentagon's outer-space ambitions.

After 2004 the Bush administration pursued a more aggressive
space policy, accelerating weapons programs, expanding satellite-
based surveillance and communications systems, and moving
generally to integrate outer-space operations into U.S. global military
strategy. In its quest for space hegemony Washington steadfastly
refused any treaty banning weapons in space — against the grain
of international consensus. 37 Its goal remains military domination
of space, which entails blocking access, where possible, to other
nations — a clear violation of OST intent. The U.S. appears to
consider its monopolistic claims to space an inherent "right," similar
to its earthly imperia entitlements. Toward this end the U.S. sought,
between 2004 and 2008, to either scrap or "renegotiate" the OST,
hoping to strip away limits to space-based military operations. (As
of early 2009 the U.S. owned the vast majority of more than 1000
satellites in orbit.) In January 2007 Robert G. Joseph, Under-Secre-
tary for Arms Control and International Security, outlined a national
space policy affirming "free and total" American exploration and
use of space, necessary to protect and advance "vital national
interests." For the U.S., according to Joseph, development of its
"space assets" was expected to proceed unilaterally, regardless of
OST protocols, on the assumption that other nations might harbor
duplicitous intentions. 38 (The incoming Obama administration, as
of spring 2009, had yet to articulate new departures for the U.S.
space program.)

The result has been an unfortunate gutting of OST agreements,
meaning that opportunities for a global, cooperative, peaceful space
regimen are rapidly vanishing. OST prohibits the full-scale militariza-
tion of space, its original intent being to negate an arms race possibly

A TALE OF BROKEN TREATIES 169

leading to nukes in space — but the U.S., as usual, stands virtually
alone in its rejectionism. Efforts to preserve space for peaceful ends
(scientific and commercial) depend on a comprehensive multilateral
ban on testing and deployment of anti-satellite (ASAT) weapons, a
system central to the Pentagon's NMD strategy. 39 Lacking such an
agreement, the path toward accelerated space competition seems
paved, accompanied by a potential arms race and new threats of
a nuclearized outer space. In the absence of a strengthened OST,
moreover, U.S. global earthly military supremacy will be easier to
consolidate. Grossman already foresaw this dangerous trend several
years ago in his seminal Weapons in Space, where he argued that
the U.S. space agenda was destined to bring the world closer to
expanded military conflict and, ultimately, nuclear catastrophe. He
wrote then: "The military use of space being planned by the U.S.
is in total contradiction to the principles of peaceful international
cooperation that the U.S. likes to espouse. The aim is to develop
a world in which it would literally be USA uber alles ... It pushes
us — all of us — toward war in the heavens." 40

GLOBAL WARMING:THETRIUMPH OF CORPORATE PROFITS

As surely the greatest threat to planetary sustainability, the global
ecological crisis presents a challenge more daunting even than the
prospects of nuclear catastrophe. The crisis takes many forms,
the most fearsome no doubt being severe climate change which,
according to worldwide scientific consensus, would tip the world
into environmental chaos, economic breakdown, and related social
and political disasters. The consensus, moreover, stresses that global
warming is a direct result of human economic activity: reliance
on fossil fuels, deforestation, meat-based agriculture, over-use of
chemicals, massive air, water, and soil pollution. Population growth,
with its accelerating pressures on social infrastructures and fragile
ecosystems, only compounds these trends. We are faced with severe
impending changes in weather patterns, cycles of droughts and
floods, melting ice caps, a dramatic rise of sea levels that could
engulf the world's coastal areas, increased species extinction,
and drastic shortages, of food, water, and other vital resources.
If left unchecked (or countered with only modest reforms) global
temperatures could rise by as much as 10 degrees Fahrenheit by
2100, a catastrophic possibility. The situation is so grave that, even
with quick and extensive measures, the crisis could dramatically
intensify within the next few decades — the expectation not of radical

170 THE CRIMES OF EMPIRE

fear-mongers but of mainstream scientists, environmentalists, and
government officials across the globe. Extreme warnings were issued
by the U.N. Intergovernmental Panel on Climate Change, which in
mid 2007 had released two of four reports based on the work of
2500 scientists from around the world. 41

The U.N. panel urged immediate and far-reaching action that
was supported by more than 100 nations, but, alas, the U.S. was
not one of those nations. Proposals included charging polluters
up to $100 for each ton generated, along with taxation policies
and investment in alternative technologies. Without such counter-
measures, the crisis would move along like a "runaway train."
The reports concluded that agriculture could be decimated across
large regions, leading to drastic food shortages while plunging the
world into deep economic depression. Many scientists contributing
to the research mentioned that, hard-hitting as it was, some of its
conclusions and recommendations were watered down by a few
governments anxious to forestall immediate action. Thus John
Walsh, a University of Alaska scientist, commented that "the science
got hijacked by the political bureaucrats at the last minute." 42
Predictably, it was American delegates who worked most diligently
to soften the reports, President Bush stating that the U.S. "will not
be stampeded into action" by warnings of doom. This was just
one moment of obstructionism coming from the world's largest
contributor to greenhouse gases.

Outside corporate boardrooms and right-wing think-tanks the
idea that global warming needs to be fought with immediate,
radical, and worldwide responses has become nearly universal.
The broad picture is no longer a matter of debate. International
efforts have mounted over the past two decades, beginning with
furtive attempts at reforms during the 1992 Earth Summit in Rio
de Janeiro and evolving further with the 1997 Kyoto Protocol — the
first treaty based on binding limits to industrial pollutants. Regarded
as a breakthrough of sorts, Kyoto demanded only the most limited
reforms: after three years of negotiations, the agreement called
on leading economic powers (responsible for about 85 percent of
greenhouse gases at the time) to reduce fossil-fuel use by 2012
to 1990 levels, a target many thought realizable by means of
technological innovation alone (thus requiring no decline in growth).
Kyoto did point toward the long-term need for a fundamental shift
in modes of production and consumption, especially for the most
affluent nations, but this remained (then and now) a non-binding
prescription. Later efforts to revisit the Kyoto Protocol have not

A TALE OF BROKEN TREATIES 171

produced significant forward steps even as scientific warnings grow
louder each year. The struggles of many political leaders, NGOs,
lobbies, and grassroots movements, along with the U.N., to forge
new international action priorities have met with obstructionism,
much of it emanating from Washington as well as other major
contributors to the crisis, including Russia, India, and China.

The U.S. was obstinate on the issue of global warming from the
start, and today remains the biggest obstacle to establishing a viable
action regimen, on two levels — denial of the problem itself, and
resistance to binding measures for capping emissions. (As of 2009 the
U.S., with 4 percent of the world's population, accounted for nearly
one-fourth of greenhouse gases.) With Presidents Clinton and Bush
the stance was roughly the same: any forced reduction of fossil-fuel
use would severely damage the American economy, retard growth,
and generate tremendous job loss. U.S. politicians were fearful of
altering a system of production and consumption that sustained
lifestyles highly addicted to suburbia, cars, and mall culture.
Under Kyoto, it was widely thought, the national economy would
ultimately be forced to meet overall higher emissions standards,
adopt new "green" technologies, make vast investments in research
and development, shift toward sustainable agriculture, end fossil-fuel
subsidies, and create more efficient waste-management systems — all
indeed quite possible for the wealthiest nation on the planet, but
obviously far beyond what U.S. government and corporate elites
were for the most part willing to consider. Predictions of imminent
global disaster made scarcely a dent in this fanatically capitalist
worldview. The Bush administration rejected not only Kyoto but
the idea of mandatory regulations, dismissing the science as bogus
and turning its back on years of international negotiations to forge
a global-warming treaty (although its views on the science softened
by 2007). In this case, however, U.S. exceptionalism has been driven
less by military than by corporate interests dedicated to growth and
profits. As Sands writes in Lawless World: "The decision [to reject
Kyoto] was seen as an arrogant step aimed at refashioning the global
order, putting American lifestyles above foreign lives, American
economic well-being above all other interests, and manifesting a
refusal to be constrained by new international rules." 43

Even before the unsettling U.N. reports surfaced, and with
Kyoto basically languishing because of weak, uneven participation,
delegates gathered in December 2005 for a Climate Change
Conference in Montreal, hoping for a strengthened treaty. With
new predictions of ecological disaster, the mood was set for

172 THE CRIMES OF EMPIRE

agreement on binding emission caps and stiffer levies on industrial
pollution exceeding those caps. More than 150 nations were ready
to subscribe to these broad guidelines with even previously reluctant
China and India willing to compromise for a U.N. treaty possibly
more far-reaching than Kyoto. But the U.S. again held out, standing
virtually alone in opposition to the international consensus, rejecting
mandatory controls it claimed would harm the American economy
and possibly send the global system into a downward spiral. (The
downward spiral did in fact soon become reality, but not owing to
implementation of strict emissions limits.) Denying both the science
and politics underpinning the struggle against global warming, the
White House refused calls for urgent action as the U.S. negotiator,
Harlan Watson, walked out of the proceedings, creating an angry
backlash. At that point the Bush administration still held to its
view of global warming — indeed any environmental problem — as
essentially a false alarm. 44

The Bush approach to ecological crisis transcended mere denial:
for years the White House did everything in its power to suppress
information, discredit reports, and otherwise alter or manipulate
facts it viewed as disconcerting — the very same modus operandi it
used during the build-up toward the Iraq war. Scientific findings
about the human contribution to climate change were dismissed as
politically motivated, even when emanating from the U.N. Warnings
about the need for drastic action were stonewalled. There were
instances of studies conducted by the Environmental Protection
Agency (EPA) and the National Research Council (NRC), among
others, highly critical of the utility, coal, and oil industries, that
were held back for many months and, when released, were often
doctored to conform to Bush prejudices. The administration
permitted corporate interests to get involved in research projects on
the environment, including at the EPA where many Bush appointees
were from fossil-fuel backgrounds. Scientists and officials within
the administration going along with the international consensus
on global warming might have found themselves out of a job. As
Robert Kennedy, Jr. wrote: "Over the past two decades industry and
conservative think-tanks have invested millions of dollars to corrupt
science. They distort the truth about tobacco, pesticides, ozone
depletion, dioxin, acid rain, and global warming." He added: "The
Bush administration has so violated and corrupted the institutional
culture of government agencies charged with scientific research that
it could take a generation for them to recover their integrity." 45

A TALE OF BROKEN TREATIES 173

This problem, and with it U.S. refusal to join the fight against
global warming, surely went much deeper than a small circle of
obstructionist Bush Republicans. Some large corporations, along
with their lobbies, think-tanks, media outlets, and sympathetic
university research teams (often business funded) have also done a
remarkable job trying to discredit work linked to climate change.
Their main focus was to provide "scientific findings" showing
that the overheating of the earth is a function of a long natural
ecological cycle detached from human economic activity. For them,
the international consensus revolves around fear-mongering that, if
followed, would destroy the foundations of American efficiency and
growth, the idea being that huge energy corporations — many of them
lavish contributors to the 2000 and 2004 Bush campaigns — ought
to be left alone, unregulated, free to conduct business-as-usual.
Right-wing think-tanks like the American Enterprise Institute have
advanced this ideological obfuscation, while lobbies of dozens of
corporations have fought strenuously for their anti-regulatory
agenda. Much lobby and think-tank activity has been funded
by ExxonMobil, the world's largest oil company and the most
aggressive force behind global-warming denial. 46

The ExxonMobil-supported groups, recipients of tens of millions
of dollars since 2000 alone, have relentlessly attacked global-warm-
ing research as "politicized science," often comparing it to what the
Nazis and Soviets did with science in the 1930s and 1940s. They
have framed regulatory efforts as a new threat to freedom and
democracy and a violation of free-market principles. ExxonMobil
has contributed not only to think-tanks like AEI but to such university
research programs as Stanford's Global Climate and Energy Project
(beneficiary of $100 million). An army of lobbyists has received $55
million from the oil giant since 2000. The larger picture is equally
grim: Washington lobbying efforts between 2001 and 2005 received
roughly $460 million from utilities, $283 million from oil and gas
companies, $177 million from auto manufacturers, $56 million
from mining firms, and $448 million from agribusiness. 47 Such vast
mobilization of corporate resources demonstrates that U.S. business
elites are not ready to sacrifice short-term profits even in the face
of imminent ecological crisis.

The overriding thrust of such lobbying efforts, whether on melting
polar ice-caps, deforestation, pollution, or species extinction, is
that observable ecological changes have little or nothing to do
with corporate behavior but instead are a function of "natural"

174 THE CRIMES OF EMPIRE

causes. These bogus arguments are picked up and spread across
vast networks of lobbyists, media outlets, local organizations, and
academic researchers, giving rise to an atmosphere of uncertainty
and confusion while sowing doubt in the minds of politicians. The
main goal behind the investment of all this fossil-fuel largesse has
been to undercut calls for action from the scientific community — and
it has mostly worked at a time of growing corporate colonization
of the American public sphere. 48

Problems with the Kyoto Protocol, to be sure, remain significant,
even leaving aside U.S. obstructionism. By mid 2007 only 40
nations had signed the treaty and the question of what to do about
non-subscribers was yet to be resolved. Lesser-developed states
remained outside the pact, but these included China and India, two
large, rapidly growing economies that were already contributing
substantially to global warming. (Within two decades China is
expected to pass the U.S. as the leading producer of greenhouse
gases.) No global body has been established to monitor and report
on emissions, so that even signatories to Kyoto are essentially on
the honor system. Equally problematic, Kyoto has given rise to
a carbon-trading market whereby enterprises under the limit can
distribute "credits" to the worst polluters. Thus, even should the
U.S. enter into a renovated global-warming agreement, it can pay
billions to purchase carbon credits from other countries while its
corporate system moves blithely along the same trajectory.

At the June 2007 G-8 Summit in Germany, Washington made
a few concessions to European demands for urgent measures and
indicated the U.S. would "seriously consider" reducing emissions
by half before 2050 within a new set of accords intended to
include China and India. Still refusing mandatory emissions caps,
Bush argued for a voluntary, free-market approach presumably
compatible with the American growth-oriented neoliberal model.
This attempt to have the best of both worlds — while relegating
pollution-reduction goals to the distant future — was widely
dismissed outside the U.S. as another corporate-driven illusion.
The U.S. did finally grudgingly recognize global warming as a real
challenge, but slighted that challenge by turning its back on any
binding measures. In August 2007 Bush arranged for a summit to
further address issues related to climate change, with emphasis on
the development of clean technologies and energy conservation.
It was clear, however, that U.S. opposition to mandatory curbs
on greenhouse gases would be firmly upheld. Meanwhile, the

A TALE OF BROKEN TREATIES 175

U.S. remained the only G-8 nation to refuse the Kyoto Protocol.
Whether President Obama, far more committed than Bush to
"green" development as a means of curtailing global warming,
can break with the neoliberal model and corporate priorities to
effectively face the new challenge — and join the global consensus —
remains to be seen.

6

War-Crimes Tribunals: Imperial Justice

By the 1 990s, after a full century of treaties, conventions, and tribunals
designed to establish legal criteria for governing (and adjudicating)
the military behavior of nations, no truly universal structure for this
purpose has yet been created. Principles embodied in the various
Hague and Geneva Protocols, along with the Nuremberg and Tokyo
courts set up after World War II — many of which found their way
into the United Nations Charter of 1948 — have never become
internationally binding, legally or politically. The great promise of
Nuremberg to hold government and military leaders responsible for
war crimes and crimes against humanity did not come to fruition.
Finally, in 1998, the majority of nations (139 in all) met in Rome
to ratify a treaty giving birth to an International Criminal Court
(ICC) that would allow for effective global jurisprudence. The court
would be a professional, independent body charged with bringing
leaders and others to justice for assorted war crimes, genocide, and
crimes against humanity. In July 2002 the ICC became a reality,
confirming long-held hopes of human rights partisans around the
world. Unfortunately, however, the U.S. took a fiercely hostile
stance toward the court from the outset, first refusing to sign the
treaty and then trying to sabotage the body's operations. The U.S.
government, first under Clinton and then under Bush, insisted on
guarantees that no American officials or military personnel could
be brought before the tribunal. Emboldened by an inflated body of
academic theoretical justifications, the nation with the only truly
global military presence — and the one most inclined toward armed
wanted total immunity.

THE NUREMBERG PRECEDENT-AND BEYOND

While efforts to codify and institutionalize global legal norms have
been most visible in the last century or so, attempts to theorize the
basis of international justice — notably with respect to the conduct
of war — go back many centuries. The ideal of a community of
s based in common legal and moral sentiments that could

WAR-CRIMES TRIBUNALS: IMPERIAL JUSTICE 177

regulate warfare was entertained by the Greeks, some Christian
writers, Grotius, and Kant, among others searching for a world
in which the power strivings of individuals, groups, and nations
might be held in check. The establishment of a system of laws,
principles, and procedures was embraced from time to time though
never given concrete realization. The most coherent vision of a legal
world order was formulated by the Dutch theorist Hugo Grotius
in the wake of the Thirty Years War, but not until the 1890s at
The Hague were the first steps toward such a vision put in place.
Grotius envisioned something of a coherent, ordered world that
would supersede perpetual chaos, anarchy, and bloodshed of the
sort emphasized by Thomas Hobbes in his famous account of the
state of nature. The problems then as today revolved around the
possibility of great states and their leaders subordinating their
own hegemonic or imperial aspirations to a Grotian (legal, moral)
consensus of interests. Surely such international organizations as the
League of Nations and the United Nations were thought to embody,
in some form, ideals of global justice that would also entail rules of
military conduct. Within this broad schema it was generally assumed
that a system of international legality, to be fair and effective, would
have to embody strong elements of universality.

The U.N., of course, was largely a product of World War II
and its aftermath, which included the Nuremberg and Tokyo
tribunals set up by the victorious Allies to prosecute and punish
war crimes committed by the Germans and Japanese. (The idea of
pursing crimes committed by other nations was never considered.)
The legacy of Nuremberg has been invoked to legitimate and
sustain the idea of a modern tribunal established for the purpose
of trying criminals; it was to be the model for subsequent efforts
toward binding principles of global jurisprudence. In reality the
International Criminal Tribunal of Nuremberg was established by
the U.S., Britain, France, and the Soviet Union and it was these
countries that provided the prosecution and judges for bringing
many leading Nazis to justice. There was at the time broad
consensus for trying and punishing those (especially in Berlin and
Tokyo) presumed guilty of the most heinous war crimes and crimes
against humanity. This was accompanied by the dream of a world
legal order making it unlikely such crimes would ever again be
committed — that is, making barbarism a thing of the past. Yet
by the idealistic standards of global justice embraced by earlier
theorists both Nuremberg and Tokyo could hardly be judged as
successful in laying the foundations of a truly universal system.

178 THE CRIMES OF EMPIRE

These tribunals were partial and biased — ad hoc mechanisms for
victors to judge losers, according to a set of ex post facto criteria
where most crimes were defined after the fact and, moreover, were
prosecuted against just one side in a protracted warfare involving
horrendous war crimes on all sides. As prime examples of victor's
justice, Nuremberg and Tokyo might be regarded as poor beginnings
of a viable international legal framework.

While the Nuremberg tribunal did manage to prosecute and
sentence 21 leading Nazis for monstrous crimes, questions remained
as to the fairness of the proceedings and, more significantly, as to the
legacy that Nuremberg ultimately bequeathed. Several defendants
were given the death penalty. The Nazi leadership, defined by the
court as a "vast and malignant enterprise," was largely discredited
and dismantled, in great measure because of proceedings that
claimed to embrace a march toward global justice. Yet answers to
the above questions, as historian Joseph Persico suggests, do not
inspire optimism. 1 Persico argues that the entire IMT apparatus,
despite its benign motivations, lacked legitimacy from the outset
given its ad hoc, partial character. No trials at Nuremberg could
be fair or independent, by definition. Both German and Japanese
leaders were tried and convicted for committing crimes against
peace — that is, waging military aggression against nations that
had done nothing to provoke warfare. This was considered the
"supreme crime" that led to and framed all the others. Here the
Allied powers were clearly innocent of any wrongdoing. In most
other areas of military behavior spanning several years, however,
differences between the Allied and Axis nations were not such as to
justify ad hoc jurisprudence; massive violations were attributable
to all parties involved. Any legitimate tribunal would have put
defendants on trial from all sides of the conflict. It could be argued
that, for example, wanton attacks on civilian populations (already
prohibited at The Hague Conventions) were far more widespread
on the Allied (U.S., Britain, Soviet) than on the German or Japanese
side. (Italians were not brought before either tribunal.) Surely the
saturation bombing of major urban centers (Hamburg, Dresden,
Berlin, Tokyo, and dozens of other Japanese cities), not to mention
the atomic devastation of Hiroshima and Nagasaki, rank among
the most egregious war crimes in history. Yet such crimes, as well as
extensive abuse and killing of prisoners of war, were made totally
off-limits by Allied prosecutors, so that the U.S., Britain, and the
USSR could wind up fully immune to these and other possible
charges. As such it is hardly surprising that Nuremberg has never

WAR-CRIMES TRIBUNALS: IMPERIAL JUSTICE 179

led to any permanent, independent tribunal where war crimes and
crimes against humanity might be tried and punished.

If the Nuremberg tribunal lacked legitimacy in this sense, it
nonetheless established certain legal principles that might be viewed
as compelling precedents for judging and punishing war crimes. The
first, as mentioned, was the idea that crimes against peace — already
codified in the 1928 Kellogg-Briand Pact — should be prosecuted as
the "supreme crime," with violators responsible for all the mayhem
and violence that follows. The second was the precept, still generally
regarded as valid, that all individuals, whatever their status or
degree of power, must be held legally and morally accountable for
their actions, that illegal deeds cannot be justified on grounds of
bureaucratic command or following military orders. Such principles
were indeed enforced at the time of Nuremberg and have since
generally been understood as integral to moral codes of individual
behavior within or outside the context of warfare. Whether those
principles have had any lasting global impact, however, is yet
another story. Sadly, we encounter few postwar instances where
the Nuremberg legacy has been applied in legal practice, despite its
affirmation in the U.N. Charter. The historical record since 1945
has been one of repeated and flagrant horrors — wars, civil strife,
insurrections, terrorism, etc. — marked by few prosecutions for war
crimes committed by government and military leaders.

The Nuremberg precedent has done nothing to curtail, much less
punish, those responsible for escalating levels of global violence.
Tens of millions of lives have been lost to warfare and crimes against
humanity, yet only rarely have the perpetrators been brought to
justice in a court based on universal legal principles. The only judicial
proceedings have involved local, ad hoc structures where, once
again, victors (great powers) stood in judgment over the vanquished
weaker parties, as in the cases of Yugoslavia and Iraq. In this context
those most culpable of crimes against peace and war crimes — above
all, the U.S. and its junior partners — have emerged scot-free, able to
repeatedly carry out their criminal policies with impunity, subject
neither to international law nor to the workings of any ad hoc
tribunal. Persico writes: "As for crimes against peace, the likelihood
of anyone being prosecuted for committing aggression has been even
more remote than for committing atrocities. Aggression appears to
be in the eye of the beholder." 2 As of the early twenty-first century,
there were no laws or precedents that carry enough weight to
supersede the interests and priorities of the world's lone superpower.

180 THE CRIMES OF EMPIRE

The issue of war-crimes tribunals and related bodies is today
more crucial than ever as global violence intensifies and, moreover,
the instruments of modern warfare grow ever more barbaric. The
need for truly international procedures to try to punish crimes in
accordance with the norms of international law cannot be ignored —
first as a matter of official truth-seeking and, second, as a means
of holding violators accountable for their behavior. Whether this
process moves through global or local tribunals, special courts, or
truth commissions — or some combination of these — its legitimacy
(and therefore efficacy) will depend on norms of universality where
legal procedures are no longer the sole province of dominant nations
out to pursue nothing but their geopolitical agendas. A growing
1 consensus that human rights abuses and military
s ought to be legally, politically, and morally addressed has
yet to be translated into institutional reality. The ICC represents a
major step toward such an eventuality, as it embodies the spirit and
content of the UN. Charter. At this juncture, unfortunately, the U.S.
and a few other nations stand resolutely opposed to such a tribunal,
guided as always (in the case of Washington) by a fervent sense of
exceptionalism. Since 1974 we have seen the appearance of some
30 truth commissions, instituted in such countries as Argentina,
South Africa, Bolivia, and Panama, with the intent of revisiting the
past and seeking full knowledge of past atrocities. A central theme
here is that guilty parties will be forced to confront their criminal
actions and, hopefully, offer apologies and reparations, a process
that has taken place in South Africa and elsewhere but (except
for recognition of World War II Japanese-American internment
camps) never in the U.S. In the end, however, truth commissions
have no power to convict or jail offenders. In any event, the future
of global jurisprudence will depend on the capacity of nations to
achieve universality, which means the current proliferation of ad
hoc tribunals (usually set up and controlled by the leading powers)
stands more as an impediment than an enabler of such prospects.

NATO'S HAGUE TRAVESTY

Even as the U.S. government refuses the jurisdiction of international
law for itself, its leaders remain ever vigilant in seeking to bring
others to justice — notably those (like Serbs and Iraqis) with the
audacity to stand in the way of American geopolitical interests.
The International Criminal Tribunal for the former Yugoslavia
(ICTY), set up by the NATO powers in May 1993, was convened

WAR-CRIMESTRIBUNALS: IMPERIAL JUSTICE 181

at The Hague explicitly to try Slobodan Milosevic and other
Serb leaders for crimes allegedly carried out during the decade of
bloody civil wars in the Balkans. Milosevic was formally indicted
in May 1999, not coincidentally at the height of NATO military
bombardments of Yugoslavia, on 61 counts including genocide,
crimes against humanity, and war crimes associated with Serb
policies of "ethnic cleansing" mainly in Kosovo but also in Bosnia
and Croatia. Milosevic was arrested in March 2001 and delivered
to The Hague Tribunal in June 2001, after the U.S. first threatened
the new Serb government and then bribed it with millions in cash.
The Western powers, the U.S. in the lead, portrayed Milosevic and
the Serbs as modern-day Nazis intent on ruthless expansion and
responsible for an unspeakable holocaust including acts of mass
murder, mass rape, torture, and ethnic cleansing that left much of
the region devastated. These atrocities were so broad in scope and
so horrific as to demand urgent "humanitarian" intervention by
NATO military forces. Once the 1999 bombings were finished, the
NATO-financed Hague Tribunal would finally bring Serb leaders
and their accomplices to trial.

In the U.S., the media and politicians eagerly championed the new
war-crimes trials, celebrating the ICTY as an inspiring "triumph of
the civilized world." 3 By holding Serb leaders accountable for their
crimes the tribunal was said to open up a new era in the development
of international law. Former Secretary of State Madeleine Albright
referred to The Hague as the "mother of all tribunals," a site where
it would now be possible to try, in the tradition of Nuremberg,
some of the greatest monsters in European history. 4 Caricatured as
a Hitler-like dictatorial figure obsessed with building an ethnically
pure Greater Serbia, Milosevic was deemed the kind of war criminal
the world desperately needed to bring to justice in order to avoid
"international anarchy." Serbs were routinely demonized in the
media, referred to by columnist Anthony Lewis and others as
"beasts" and "genocidal maniacs" for whom ethnic cleansing
was a natural impulse. The mainstream text Indictment at The
Hague (2002) is subtitled The Milosevic Regime and Crimes of
the Balkans Wars. In it, authors Norman Cigar and Paul Williams
set out to present a case for war crimes against the Serbs, replete
with arguments from The Hague Tribunal prosecutors and the U.S.
State Department. There is no mention of any other party to the
Balkans civil wars, nor of the role of NATO and the U.S. in their
aerial terrorism directed against a sovereign nation. "No matter
how he personally meets his end," wrote the authors, "Milosevic

182 THE CRIMES OF EMPIRE

shall remain one of the most villainous figures in the history of
the South Slavs." They add: "The atrocities committed by Serbian
forces were part of a planned, systematic, and organized campaign
to secure territory for an ethnically 'pure' Serb state by clearing it
of all non-Serb populations." The tribunal represents a historical
breakthrough, they remind us, since by "attacking liability for war
crimes [it] will serve as a reminder to other prospective war criminals
that their actions will not be granted de facto immunity by the
world community." 5

Milosevic was originally charged with "planning, ordering, or
carrying out deportations and murders during the Serb forces'
campaign to drive Kosovar Albanians from their homes, which
killed thousands along the way." Other indictments linked to
the conflict in Bosnia and Croatia were added later. By the time
Milosevic was brought to The Hague he faced charges of mass
killings, rapes, expulsions, detentions, forced labor, torture, and
looting of property among other violations. Other Serb political
and military figures (along with a few Croatians and Kosovars)
were brought up on similar counts.

Despite such grave indictments and all the overblown rhetoric
denouncing genocidal Nazi Serbs on the march, it takes little effort
to reveal the ICTY as an outrageous fraud from beginning to end.
From the outset this tribunal was totally biased and one-sided,
hardly the product of universal jurisprudence — an inevitable
reality given that the tribunal was set up and financed by the
NATO powers (above all the U.S.) and received the bulk of its
investigative and informational resources from these same powers,
the very powers that had carried out sustained military aggression
against the Serbs. The fraudulence is quickly shown by the flagrant
one-sidedness of the indictments: after so many years of civic strife
involving not only Serbs but Croatians, Bosnian Muslims, Kosovar
Albanians, and myriad paramilitary groups of varying ideological
and ethnic make-up, not to mention the ongoing covert and armed
interventions by NATO powers, we are told to believe that the Serbs
alone were those overwhelmingly guilty of atrocities, that all others
were simply innocent victims of a singular evil force, that others
were victims only while Serbs themselves were never victimized.
This scenario, constructed mainly by Western public-relations
firms and mass media, defies all logic not to mention the historical
evidence. Indeed, the Serbs could be said to have suffered most
throughout the 1990s, especially when the U.S./NATO bombings
are taken into account. Without doubt the Serbs were responsible

WAR-CRIMES TRIBUNALS: IMPERIAL JUSTICE 183

for atrocities, but evidence from the field, unfiltered by propaganda,
shows convincingly that atrocities were committed on all sides, and
that Serbs were just as often on the receiving end of war crimes as
they were culpable of them.

The Hague Tribunal completely ignored this complex history,
dismissing instances where Serbs experienced the violence of civil
war — for example, the several thousand killed and at least 200,000
displaced in Croatia alone and yet another 300,000 displaced in
Kosovo in the wake of U.S. -backed KLA terrorism and NATO aerial
bombardments. In August 1995, the U.S. and Germany assisted a
bloody Croatian military offensive in the Krajina region of Croatia
that produced some of the worst casualties in the Yugoslav civil
wars. 6 Yet when looking at such atrocities, the great moral outrage
over ethnic cleansing that consumed NATO elites and the Western
media suddenly vanishes; the pursuit of justice turned out to be
selective in the extreme. The failure of the ICTY to address this
ridiculous anomaly, to investigate and prosecute war crimes across
the board, to look impartially at all combatants involved in the
protracted conflict, demonstrates ipso facto its moral and political
bankruptcy not to mention its legal absurdity.

The ICTY proceedings grew out of a unilateral (U.S. /NATO)
claim to "humanitarian intervention" lacking any basis in the
U.N. Charter or international law. The 1999 "war" was not only
illegal — based on the fraudulent "precedent" of suspending the
principle of national sovereignty (which none of the aggressors
would be willing to waive for themselves) — but quickly turned into
a humanitarian disaster of its own, producing new levels of military
violence, civilian destruction, and social disruption. No evidence of
"Serb genocide" or "ethnic cleansing" was ever uncovered, but even
if it had been no justification for the U.S. /NATO aerial campaign
would have been established in the absence of U.N. backing. Such
backing, in this case, was never even sought by U.S. and European
leaders anxious to pursue military options. The Security Council
did in fact approve humanitarian intervention four times during
the 1990s (in Somalia, Haiti, Rwanda, and Bosnia) as a form of
collective action under U.N. auspices, but the Kosovo intervention
stemmed from a fictitious, entirely imperialistic notion that certain
nations (the most powerful) have a rightful claim to act on their own
authority, thus reversing decades of progress toward stigmatizing
and outlawing crimes against peace. In this way the most powerful
nations simply substituted their interests for those of the purported
"international community" they claimed to represent. 7 Horrified

184 THE CRIMES OF EMPIRE

by this precedent, which laid the basis of the U.S. invasion of Iraq,
leaders of 133 nations condemned the move at the April 2000 South
Summit, stating: "We reject the so-called 'right' of humanitarian
intervention, which has no legal basis in the United Nations Charter
or in the general principles of international law." 8 In the end, the
ICTY was nothing more than a manifestation of this illegitimate
scheme. As Mandel correctly notes, "the role that the ICTY was
born to play came in the Kosovo war. This had nothing to do with
trying and punishing criminals and everything to do with lending
credibility to NATO's cause." 9

As quintessential ad hoc victor's justice, the ICTY fit perfectly
the ethos of U.S. exceptionalism: it would embody the rule of the
most civilized and enlightened of states dedicated to bringing peace
and order to an anarchic world infested with tyrants, rogues, and
terrorists. While The Hague Tribunal was supposedly erected to
purge evil monsters like Milosevic from the world scene, in actuality
it was the U.S. /NATO elites, their military option grounded in
familiar claims of moral supremacy, that ultimately most resembled
the Nazis, mimicking Hitler's resort to higher values when he
justified his invasions of Czechoslovakia, Poland, the Soviet Union,
and other countries. The Kosovo war could indeed be viewed as
fascist in substance, a view echoed by Nuremberg judge Walter
Rockier, who referred to the U.S./NATO actions as "flagrant military
aggression" comparable to what the Germans were prosecuted for
and convicted. 10 Interestingly, the U.S. moved aggressively to ensure
that statutes prohibiting crimes against peace would be excluded
from the ICTY agenda.

The political effect of The Hague proceedings effectively concealed
the long sordid involvement of the U.S. and its NATO allies in the
Balkans, which became more evident nearly a decade after the saga
was brought to a close as the U.S./NATO domination of the region
was finally solidified. By 2007 the familiar self-righteous ruminations
heard in Washington and other Western capitals concerning
Serb ethnic cleansing and genocide started to ring hollow as the
geopolitical agenda came more clearly into focus. The propaganda
was stripped of its ideological power. Nowhere has it been shown that
Milosevic's supposed drive toward a Greater Serbia was motivated
by goals of ethnic purity — or in fact was driven by anything
beyond understandable efforts to preserve Yugoslav nationhood
against external subversion and intervention. Was ethnicity more a
factor for Serbs than for Croatians, Bosnian Muslims, or Kosovar
Albanians? Belgrade itself was and remains today an extremely

WAR-CRIMES TRIBUNALS: IMPERIAL JUSTICE 185

diverse, cosmopolitan city with Muslims, Albanians, and others by
the hundreds of thousands living peacefully in close proximity. If
the Serbs were such irredeemable ethnic cleansers, why was such a
policy never undertaken in Belgrade? In no military operation of
the civil wars was anything resembling a genocidal program ever
actually designed or carried out by Milosevic and the Serbs — and
indeed even the ICTY, after years of "investigation," was never
able to validate such charges. In fact no evidence was forthcoming
from any source.

The non-stop Western propaganda crusade dwelling solely on
Serb atrocities was in fact not too far removed from the narrative
contained in Barry Levinson's film Wag the Dog, in which a
U.S. President embattled by a sex scandal uses media experts to
manipulate an international "crisis" in Albania. A one-sided,
ahistorical moralism totally ignored the decisive role of Western
powers in the post-Cold War disintegration of Yugoslavia, the U.S.
role in supporting the fascist Tudjman regime in Croatia, horrors
perpetrated by right-wing Islamic fundamentalist groups in Bosnia,
and the rampant terrorism of the KLA and kindred secessionist
forces that were organized and supported by Washington. Also
conveniently ignored was the increased NATO military presence
in the region after 1995, not to mention longstanding, and rather
obvious, U.S. geopolitical interests in the Balkans. 11 To believe that
only Serbs — or any other single party to the conflict — could have
committed war crimes within such a labyrinthine historical matrix is
so preposterous on its face that, for this reason alone, the credibility
of the ICTY must be seriously questioned.

In fact the most egregious crimes in the Balkans — including above
all the "supreme" crime against peace — can be laid at the doorstep
of U.S. /NATO military forces, guilty of carrying out 79 days of
high-tech aerial terrorism in violation of the U.N. Charter and the
Nuremberg precedent. The bombings brought extensive damage to
civilian targets, including large sectors of the Serb public infrastruc-
ture. Belgrade alone suffered upwards of 10,000 casualties, with
thousands more scattered across the country. The campaign was
effective, destroying power plants, factories, apartment complexes,
bridges, water facilities, roads, hospitals, schools, and communi-
cations networks. NATO targets in Yugoslavia were reportedly
60 percent civilian, including 33 hospitals, 344 schools, and 144
industrial plants.

This was of course no war but rather an aerial massacre of
defenseless human beings, mostly civilians. Not only did the

186 THE CRIMES OF EMPIRE

assault violate the U.N. Charter prohibiting military aggression
against a sovereign nation, it willfully abrogated the tradition of
The Hague and Geneva Protocols declaring illegal the wanton
destruction of civilian objects — the very criminality that General
Clark, unwittingly, was prepared to celebrate. Whatever the crimes
of Milosevic, they would pale in comparison with the U.S./NATO
record of military atrocities not only during the aerial campaign but
throughout the previous decade of proxy warfare. As mentioned
earlier, NATO leaders were actually charged with an extensive list
of war crimes in 1999, in a suit naming President Clinton, Defense
Secretary William Cohen, Secretary of State Albright, and General
Clark along with British leader Tony Blair as defendants. With
massive evidence at their disposal, including stated intent to attack
civilian targets, the plaintiffs took their case to The Hague Tribunal,
hoping for a sympathetic audience before Chief Prosecutor Carla del
Ponte — but the case was summarily thrown out after U.S. leaders
protested vehemently, arguing for the mystical (but iron) principle
of American immunity. As for Milosevic, The Hague prosecutors
were already conceding in September 2002 that the case against
him — once affirmed with arrogant confidence — was more flawed
than earlier believed, owing to difficulty in proving the Serb leader's
actual connection to the atrocities in question. This was just a
prelude to the further unraveling of the Milosevic case.

As proceedings at The Hague Tribunal continued through 2003
and beyond, the political bias of the setup became increasingly
transparent: U.S. and NATO interests were to be preserved at all
costs. The mostly Serb defendants' right to an open, public, impartial
trial, for example, was consistently violated by prosecutors and
judges, especially when it came to Milosevic — bias justified often
on the vague grounds of U.S. national-security interests. Thus the
vital testimony of General Clark before the tribunal, in December
2003, was held outside the reach of public and press, in closed
sessions, a clear transgression of norms set up by the U.N. General
Assembly. In this context Milosevic's right to cross-examine Clark
was severely curtailed, contrary to rules established by the ICTY
itself. Clark, a public figure who later ran for the U.S. presidency,
had been in charge of NATO military operations in Yugoslavia
and admitted that the intervention was a "technical" violation of
international law. He also embraced, as mentioned, the strategic
targeting of civilian objects. It is difficult to imagine that Milosevic
and other defendants at The Hague could ever receive a fair hearing
at such a thoroughly one-sided tribunal.

WAR-CRIMES TRIBUNALS: IMPERIAL JUSTICE 187

In its selective approach to justice, in its almost exclusive targeting
of Serbs for criminal accountability, the ICTY exemplifies all the
flaws of ad hoc tribunals. The entire legal process has been biased,
partial, undemocratic, and politically charged. Its formation on the
basis of Security Council resolution 827, moreover, has no legal
foundation in the UN Charter, which was never established to create
war-crimes tribunals. Court bias was evident from the outset when
Richard Goldstone, the first ICTY prosecutor, declared that Serbs
alone should be indicted as mass murderers guilty of genocide —
well before evidence had been gathered. Not only did the U.S.
provide most of the ICTY resources, it offered huge rewards for the
capture of Serb "war criminals" (but nothing for the apprehension
of Croatians, Bosnian Muslims, or others). 12 Defendants, often
illegally kidnapped after indictments were brought, were typically
presumed guilty as charged, giving rise to a legal milieu in which
the rights of those charged were mostly ignored; due process was
often simply tossed aside. Indicted war criminals languished in jail
for months and longer, those in poor health often denied even basic
health services. As an ad hoc body, the ICTY was essentially able
to set its own rules of jurisprudence. And those rules were, more
than anything, simply the rules of the military victors — that is, the
NATO powers strong enough to bomb Yugoslavia into submission
and then set the terms of postwar legality. It was a situation where
the sheer exercise of power dictated the narratives of justice and
criminality.

Meanwhile, the ICTY came to be regarded with contempt by
the vast majority of Serbs, reflected in the fact that the status of
Milosevic and other leading defendants was enhanced despite
the extremely serious charges. In the November 2003 elections,
defendant Vojislav Seselj, representing the Serbian Radical Party
from jail, won 28 percent of the vote — just one sign of popular
opposition to the NATO agenda. Both Seselj and Milosevic emerged
as heroic figures for many in Yugoslavia, owing to their defiance of
the U.S. and NATO, which had already begun to impose a neoliberal
regimen on the Balkans that promised something akin to the "shock
therapy" experienced by Russia and most of Eastern Europe in the
1990s. It was also the U.S. and NATO, as mentioned, that used
financial inducements to get the Serb government to support the
ICTY proceedings. In fact a central plank in Seselj 's campaign was
rejection of The Hague Tribunal as a kangaroo court set up to
demonize the Serbs and legitimize Western military ii

188 THE CRIMES OF EMPIRE

The seemingly unending ICTY trial of Milosevic for war crimes
was concluded in February 2004, more than two years after it
began, leaving some 500,000 pages of documents, 33,000 pages
of trial transcripts, and 5000 video cassettes across 300 days of
testimony. The court called no less than 298 witnesses. While this
huge legal spectacle was meant to convey obvious guilt, the ICTY
was never able to produce even a single item of evidence against
Milosevic. No connections were established between his actions or
decisions and alleged criminal deeds. The NATO-led investigation
itself was a total failure, resting as it did largely on myths and
distortions of the actual historical record and events leading up to
it. Further, Milosevic and his defense team were able to turn the
tables on the prosecution, showing not only the illegitimacy of The
Hague Tribunal — Milosevic was indicted in the midst of the NATO
military intervention — but also the very criminality of unprovoked
aerial terrorism. An impartial court would have thrown out the case
against Milosevic, but this was an ad hoc political tribunal destined
to convict the Serb leader of crimes he was never proven to have
committed. This being a politicized version of justice, Milosevic was
presumed guilty, was treated harshly in confinement, prevented from
seeing his family, obstructed in his legal efforts, denied adequate
medical treatment, and finally died in jail on March 11, 2006 before
any verdict could be rendered. Milosevic's demand that U.S. and
NATO leaders be investigated and brought to trial for their own
crimes was of course never realized. 13

As mentioned, only a few non-Serbs have been indicted or
prosecuted at The Hague — and the benevolent treatment they
generally received, in stark contrast to that of the Serb defendants,
only further reveals the tribunal bias. In 2006 Ramush Haradinaj,
former Prime Minister of Kosovo and one-time KLA rebel
commander, was indicted for crimes against humanity, but both U.N.
and U.S. officials in the field and at The Hague regarded Haradinaj
as one of the "good guys" deserving special consideration. The
U.N. governor of Kosovo during 2004-06, Soren Jessen-Petersen,
gave the defendant a ringing endorsement, describing him as a
"man of dynamic leadership and strong vision" and urging (with
U.S. backing) that he remain free until the start of his trial — a
virtually unprecedented move. Haradinaj continued to be regarded
in official NATO circles as a heroic fighter for liberation, valued as
someone who gave the U.S. and NATO planes valuable logistical
support during the 1999 attacks. Out of jail pending conviction,
Haradinaj was given a gala farewell party in Kosovo before his

WAR-CRIMESTRIBUNALS: IMPERIAL JUSTICE 189

appearance at the ICTY. The charges against him? No less than a
37-count indictment of mass murder, indiscriminate rapes, unlawful
detentions, and torture of Serbs (and Kosovar enemies) throughout
1998-99. He was accused of leading a ruthless campaign of
harassing, murdering, and forcibly displacing thousands of people
in Kosovo. Along with a few co-defendants, he was indicted for a
widespread campaign of terrorism marked by such grizzly forms
of torture as cutting ears and noses off living persons, hammering
spikes into people's heads, and numerous episodes of sexual assault.
While Haradinaj was allowed freedom during preparations for trial,
witnesses were killed, others disappeared, and still others were too
frightened to testify. Given the highly selective nature of justice at
the ICTY, perhaps the most salient question was why the NATO
prosecutors chose to arrest and try Haradinaj in the first place. 14

After Milosevic's death the ICTY prosecutors moved to speed
up the trials of other (mostly Serb) defendants, some 150 of whom
had been indicted beginning in the late 1990s. Only a few political,
military, and police figures were found guilty. Of significant interest
was the February 2007 finding by the International Court of
Justice (ICJ) that conclusively rejected charges of genocide against
Serbia, citing lack of evidence, while dismissing Bosnian claims of
reparations. 15 The ICJ decision, met with hysterical anger in the
Western media, overturned the official U.S./NATO narrative for
all Balkan atrocities in the 1990s. The ruling specifically refuted
well-known contentions that the Serbs had planned and carried out
atrocities at Srebrenica in 1994. Video materials, most of them later
shown to be doctored or phony, were never admitted as evidence
before the ICJ judges.

As in the first Persian Gulf War, in the Balkans there never was
a bona fide war between two sides — rather simply a protracted,
one-sided campaign of aerial bombardment carried out in violation
of international law. In the end, this NATO attack simply brought
more death and destruction to the Balkans than it claimed to
prevent. One result was a Kosovo that became even more poverty
stricken and filled with ethnic violence than before, occupied by
NATO forces and ruled by a corrupt, authoritarian regime unable
to furnish even basic public services. The U.S. military built Camp
Bondsteel, a sprawling symbol of imperial domination. KLA fascist
gangsters were free to continue their terror campaign against Serbs —
all this in the name of democracy and "humanitarian" principles. It
became clearer with the passing of time that the U.S. had targeted
the Milosevic government not because of crimes against humanity

190 THE CRIMES OF EMPIRE

but because it was viewed in Washington as an impediment to U.S./
NATO domination of the Balkans, strategically close to the rest
of Europe, Russia, the Middle East, and the Caspian Sea, a region
rich in oil, natural gas, and other resources. 16 In fact U.S. plans
were boldly laid out in a 46-page Pentagon document stating that
Washington was prepared to militarily challenge any nation that
stands in the way of U.S. policies and interests. 17

In this context The Hague Tribunal ought to be seen as nothing
more than a recycled form of victor's justice, the proceedings so
politically charged and legally one-sided as to deny legitimacy. It
represents less a new era of international law than a momentous step
backward, a great retreat from the promises and hopes of global
justice and a return to the earlier colonial ethos where the Western
powers could dictate everything through military supremacy. 18
Reflecting on the partial and conflicted legacy of Nuremberg,
Telford Taylor writes: "To punish the foe — especially the vanquished
foe — for conduct which the enforcing nation has engaged, would
be so grossly inequitable as to discredit the laws themselves." 19

THE HUSSEINTRIBUNAL: COUNTERFEITJUSTICE

Long before the first trial of Saddam Hussein and seven co-defendants
for assorted war crimes moved toward its preordained guilty verdict,
the ad hoc Iraq Tribunal revealed itself as yet another naked U.S.
exercise in one-sided punitive justice. The first court, convened in
October 2005, found Hussein and six other former Ba'ath Party
leaders guilty of war crimes for the killing of 148 people at the
village of Dujail in 1982 — a verdict rendered on November 5, 2006
and followed by the videotaped execution of Hussein in December.
Two others, Awad Hamed Bandar (head of the Revolutionary Court)
and Barzan Ibrahim Hasan (intelligence chief) were also sentenced
to death, with others given long prison terms. (A second trial begun
in August 2006 — this one stemming from charges of genocide, war
crimes, and crimes against humanity for the killing of Kurds during
a 1988 military campaign — was set aside once the defendants were
convicted of the Dujail offenses.) Not surprisingly, the verdicts were
greeted by President Bush as a "great milestone" in the march
toward global justice, a "turning point" in the achievement of peace
and democracy in Iraq. 20

Like Bush, the entire U.S. political and media establishment
heralded both the Iraq Tribunal and its guilty verdicts as a wondrous
exercise in international law, praised lavishly for its quick dispatch

WAR-CRIMES TRIBUNALS: IMPERIAL JUSTICE 191

of one of the world's leading tyrants. In fact the Iraq Special Tribunal
(later renamed the Iraq Higher Criminal Court, or IHCC) had been
repudiated by the global community as a sorry effort by the Bush
administration to cover its own more terrible crimes and simulta-
neously deflect public gaze from its costly and disastrous military
intervention. As Washington politicians and the media pundits
carry on about the virtues of international law and human rights,
their carefully orchestrated legal processes have quickly turned
into a mockery of juridical norms — for Iraq, as for Yugoslavia,
we had a special tribunal set up to punish the designated enemy.
All that surrounds and defines the Baghdad court, buried deeply
within the high-security Green Zone — military occupation, puppet
government, uncontrollable civil strife, and collapse of social order,
not to mention full U.S. institutional, logistical, and financial
support for the entire operation — has reduced the trials to comical
farces, their procedures manipulated and outcomes predetermined.
Following the ICTY pattern, the Iraq tribunal was heralded
by the "Western media as a "triumph of international norms of
legality," a "Grotian Moment" signaling a new phase in the history
of war-crimes prosecution. Here as elsewhere imperial exuberance
recognizes few limits: as the tribunal opened President Bush could
say "this trial is indicative of the change that has taken place in
Iraqi society ... Today there is a new system, a juridical system in
place that will give Saddam Hussein a chance to make his case in
court." 21 According to Christopher Reid, the U.S. regime liaison
officer for the IHCC, "Saddam is on trial because the Iraqi people
have chosen to embrace the rule of law and discard the methods
of the former regime." 22 Vanderbilt law professor Mike Newton,
who helped set up the tribunal, termed the proceedings an epic legal
moment, "arguably the most important war-crimes proceeding since
Nuremberg [with] the trial of Saddam Hussein likely to constitute a
... legal development so significant it carries the potential to create
a new customary international law or radically transform the inter-
pretation of treaty law. " 23 Professor Ronald Sievert of the University
of Texas, who worked tirelessly to train prosecutors and judges at
the IHCC, indicated that the tribunal would bring together Iraqi
and international law in a context where the entire world would
be watching to see how the Ba'ath tyranny would be brought to
justice. 24 International law scholar Christian Eckart of Cornell
University embraced the tribunal as "a new start based on firm
legal principles," adding: "The trial might hereby serve as another
mosaic stone in establishing the rule of law and deter others from

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stepping over the lines of international agreements and c
the area of international criminal law." 25

Such "experts" are mainly propagandists for ad hoc justice
shaped by U.S. geopolitical interests. They are specialists above all in
disseminating mindless platitudes for public consumption, while the
imperial architects of illegal war and occupation — those who should
be first held criminally accountable — have had few worries about
meeting their deserved fate, basking in their inflated self-images
as bearers of liberation, democracy, and rule of law. Those who,
like Bush, Cheney, Blair, and Rice, subordinate international law
to their own grandiose power ambitions, who rudely dismiss the
U.N. on those rare occasions when it fails to bend to their purposes,
who routinely violate or ignore global treaties, who manage
torture camps in Guantanamo, Afghanistan, Iraq, and other secret
locations, who wage military attacks on civilian populations, are
the same outlaws who refuse independent global jurisdiction at the
World Court and International Criminal Court, fearing even modest
constraints on their pursuit of imperial objectives. And these were
the very architects of the IHCC, a prime example of imperial justice.

The trial leading to Hussein's conviction and execution was in fact
upended by courtroom turmoil from the outset, its work conducted
in a heavily fortified American enclave yet riddled throughout with
security problems. Three defense attorneys were murdered exe-
cution-style, including lead lawyer Khamis Ubaidi, gunned down
in Baghdad in June 2006 — a severe blow to the defense. Anyone
working for Hussein's legal team was vulnerable to periodic threats
and harassment, a problem so acute it led to a series of boycotts
and walkouts, including one organized by the Iraq Bar Association.
The tribunal mood was overwhelmingly one of intimidation and
fear, what one witness called "terrorism in the courtroom." At
any respectable legal venue such collapse of legal norms, not to
mention security, would be prima facie cause for mistrial, but in
Iraq the juridical charade was simply allowed to move toward its
programmed conclusion.

At the first IHCC trial, moreover, the defense was given little time
to prepare its burdensome response to the charges: prosecution
took all of five months, while the Hussein team had to squeeze
its case into a few chaos-ridden weeks. Defense was repeatedly
stonewalled in its motions — for delays, better security, adequate
document-sharing, and so forth. (In fact the U.S. military refused to
provide security for defense attorneys and witnesses.) Four defense
attorneys were arrested soon after testifying on behalf of Hussein

WAR-CRIMESTRIBUNALS: IMPERIAL JUSTICE 193

or co-defendants. Another defense witness accused prosecutor
Jaafar al-Moussawi of trying to bribe him into giving damaging
testimony against Hussein. Other witnesses said they were forced
to testify under threat of punishment. Some tribunal proceedings
were allowed without the presence of the accused in court. All of
Hussein's prison interviews were monitored and recorded by U.S.
intelligence. For Hussein's lawyers, access to vital documents was
always problematic. Anyone found to have been in or close to the
Ba'ath regime was disqualified from participating in the trial. On
December 5, 2005 defense attorneys vacated the courtroom after
questioning the legitimacy of the tribunal and requesting in vain
access to papers seized by the U.S. army. Perhaps most troublesome,
the proceedings did not require demonstration of guilt beyond
reasonable doubt. In other words, judged by even the most lax
juridical standards, no fair trial for the accused was possible.

Efforts to limit prosecutorial shenanigans made little headway
since, after all, the Iraq tribunal was planned, set up, and largely
subsidized by the Bush administration, which through its Pentagon
liaison office provided a cadre of legal "advisers" from American
universities to oversee every twist and turn in the case. One reason
the U.S. insisted on an Iraq venue — the defense had always wanted
to move elsewhere — was the obvious leverage it could exert by virtue
of its military occupation, a vital concern after the disintegration of
the U.S. /NATO case at The Hague Tribunal, where Milosevic and
other Serbs were able to mount an effective defense. In Baghdad the
U.S. poured some $128 million into the IHCC to maximize prospects
for a guilty verdict that, it was hoped, would help legitimate the
military occupation. Washington played a decisive role in training
judges and prosecutors, building courtrooms, furnishing personnel
and resources for investigations, providing funds for the tribunal
staff, and setting legal ground rules. If Milosevic had been able to
turn the tables and publicly attack the U.S. and NATO for war
crimes in the Balkans, there would be no replay in Iraq since the
Ba'ath villains would be denied a forum in which to raise questions
of American guilt for major war crimes. When the first hand-picked
chief judge was deemed too "friendly" toward the accused, for
a brief moment permitting Hussein and co-defendants freedom
to denounce the invasion and occupation, he was rudely sacked
in favor of Kurdish hard-liner Raouf Abdel Rahman in January
2006, following an impromptu visit to Baghdad by Arlen Specter,
chair of the Senate Judiciary Committee, who warned that U.S.
tolerance of "judicial balance" in dealing with evil monsters like

194 THE CRIMES OF EMPIRE

Hussein had exceeded its limits. The defense fought back within
its limits, arguing that the U.S. military occupation hovered over
and dictated virtually every phase of the trial, but such relevant
objections were ruled out of order by the chief judge. Whenever
Bashra Khalil, Hussein's lead attorney, sought to bring elements of
political reality into the courtroom, Abdel Rahman denied every
protest and motion. In early July 2006 the judge denounced Khalil
as an ordinary gangster, unfit for legal duty, and had her dragged
unceremoniously from the courtroom.

As the Hussein trial degenerated into theatrical chaos, criticism
from legal observers outside Iraq (and the U.S.) intensified, little of it
reaching the American media. U.N. Secretary-General Kofi Annan,
usually quite congenial to U.S. interests, decided to bar assignment
of U.N. -appointed lawyers and judges to the IHCC, pointing out
that the tribunal failed to meet "relevant international standards." 26
The guilty outcomes were sure to be tainted accordingly, as another
exercise in victor's justice — though of course not enough to save
Hussein and other defendants from their fate. As for the death
penalty that was handed out to Hussein and two others, it was
repudiated by international courts and most legal systems outside
the U.S., but this did not impede tribunal organizers from imposing
it as a penalty for war crimes. Among other groups, Amnesty
International harshly condemned the death sentences. 27

As at The Hague, deeper problems marred the Baghdad tribunal,
starting with its absence of legal and political legitimacy. How can
a court established under foreign military occupation, itself the
product of an illegal invasion, be considered remotely fair and
independent? Neither the client Iraq government nor the war-crimes
body could survive a single day without U.S. military power, which
naturally lacks any international mandate. Tribunal statutes were
created and imposed by U.S. armed forces, political and academic
personnel, fully at odds with the requirement of an independent
judiciary. The initial Hussein trial, limited to one relatively minor
charge, was designed to show that the post-Ba'ath government was
sovereign, efficient, and democratic — that is, a viable alternative
to the Hussein regime — but in actuality the state system in place
under U.S. occupation had no power over such crucial issues as
taxation, investment, banking, trade, media control, and of course
foreign policy. (In one parliamentary session during 2006 legislators
passed just four minor bills over a span of five months.) The IHCC
itself was a textbook violation of the Geneva Protocols that forbid
an occupying power to dismantle domestic institutions in favor of

WAR-CRIMES TRIBUNALS: IMPERIAL JUSTICE 195

alternatives chosen by the occupier. According to the 1949 Protocols
(section III, article 53) an occupation force cannot destroy public
or private property, alter national institutions, or take coercive
action against public officials. Further, according to Article 64 of
the Fourth Geneva Convention, an occupying power is first obliged
to ensure public order and safety, but the U.S., far from satisfying
this imperative, thoroughly exacerbated the violence and chaos
through its very presence. Since the tribunal was created by the
Coalition Provisional Authority (meaning the U.S.) with the Hussein
trial alone in its sites, the American claim that this was an Iraq-
controlled legal body allowing people to finally settle historical
accounts with the Ba'athists is nothing but pure fiction. The Bush
administration was concerned from the outset to prevent Hussein
or any other defendant from using the trial to either attack its
legitimacy or expose the complicity of the U.S. in the crimes that
were charged against him. 28

The historical aim of making government and military leaders
accountable for war crimes always depended on efforts to codify
universal principles of jurisprudence governing warfare. In the case
of Iraq, however, even the pretext of universality is laughable; the
entire legal operation was politically rigged from the start, dictated
by the colonizing interests of the accusing party. For punishment
to be legally and morally binding, to be valid before the norms of
international law, the prosecution and judge cannot be selected,
trained, and financed by the same interested party — in this case, with
its own geopolitical priorities clearly at stake. Since the IHCC was
from its inception little more than a U.S. enterprise (with only minor
British and Australian involvement) the prosecution and judge were
beholden to the very same interests, grounded not in valid legal
foundations but in U.S. pursuit of domination over Iraq and the
Middle East. The tribunal farce, moreover, could never be separated
from ongoing societal turbulence just outside the Green Zone
fortress, including a bloodbath of civil-war proportions, a public
infrastructure effectively gutted, and a society torn by widespread
militarized violence and social dislocation. From Desert Storm
through twelve years of brutal economic sanctions, bombings,
and covert actions leading to more war and occupation, Iraq was
overcome by a cycle of death and destruction claiming possibly
more than two million lives, mostly civilian — a monstrous criminal
record by any accounting, with U.S. war planners surely the most
culpable. As Nuremberg affirmed in 1946, those guilty of crimes
against peace — that is, for unprovoked military aggression — must be

196 THE CRIMES OF EMPIRE

held responsible for everything that follows, in this case the ensuing
infrastructure collapse, social breakdown, civil strife,
e of detainees, everything. Unfortunately, those responsible
for the carnage are unlikely to be held accountable before legal
proceedings set up by these very criminal offenders. (Washington
and its allies were, however, identified as major war criminals at a
series of "trials" conducted by gatherings of witnesses, researchers,
and journalists at the World Tribunal on Iraq [WTI] — but this body,
of course, had no effective legal powers.)

Given this historical backdrop, prospects for a renewed legal
order, or "Grotian Moment," imagined by U.S. legal scholars and
politicians is Utopian in the extreme. 29 Both the IHCC and the
long series of post-invasion atrocities — mass detentions, human
rights abuses, wanton attacks on civilians, destruction of public
services, torture, etc. — are integrally linked to the original act of
military aggression, part of a planned, deliberate, and systematic
U.S. agenda (with help from others) to reconfigure Iraq and the
Middle East. In the end, the IHCC has served as yet another vehicle
of military occupation in Iraq. International law scholar Leila
Sadat, reflecting on the work of the Iraq tribunal, condemned the
proceedings and the outcome alike as lacking credibility, another
highly-politicized show trial. 30 In August 2006 Attorney General
Alberto Gonzales, who earlier had dismissed statutes of the Geneva
Conventions as "obsolete," visited Baghdad, proclaiming that the
existing government and its war-crimes trials had ushered in a new
era based in the "rule of law. " But the laws of an occupied Iraq — like
those internationally — have been too consistently subordinated to
U.S. interests for such claims to be taken seriously. Those waxing
eloquently about the "rule of law" turn out to be the most brazen
and fearsome violators, whose culpability extends to the very top
of a power structure that Gonzales represented. In Bill Van Auken's
words: "the illegitimate persecution of Saddam Hussein and his
associates only begs the question of when those in Washington who
are responsible for far greater bloodshed will be brought to account
for waging an illegal war of aggression." 31

THE INTERNATIONAL CRIMINAL COURT

Beneath self-righteous rhetoric about defending human rights and
prosecuting war crimes, the U.S. has fiercely opposed any genuinely
independent criminal tribunal based on universal legal principles.
Washington, as we have seen, prefers to work only through ad hoc

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courts designed to advance its own political interests. Dreading any
loss of freedom to intervene militarily where and when it chooses,
it endorses nothing beyond its own tailor-made tribunals — those
where charges can be leveled against chosen villains while leaving
itself, the accuser and prosecutor, fully immune. As of late 2008, the
Bush administration continued to reject the only legitimate world
tribunal, the International Criminal Court (ICC), founded on the
Rome Statutes in July 2002 after initial ratification by 60 nations.
(President Obama's approach to the ICC was, as of early 2009,
still unclear.) The universal legality embraced by the ICC had the
goal, never realized, of creating a system of global justice equally
applicable to all nations, whatever their level of military power;
legality would finally triumph over sheer power. 32 The Court was to
have worldwide jurisdiction over individuals and states accused of
war crimes and crimes against humanity (though not crimes against
peace), but the U.S. refused to join when its outrageous demand
for veto power over charges against U.S. citizens — requested by no
other country — was unanimously disallowed. Secretary of Defense
Rumsfeld's view of the ICC in 2002 typified the rejectionist attitude
in Washington: "The United States will regard as illegitimate any
attempt by the court or state parties to the [Rome Statutes] to assert
the ICC's jurisprudence over American citizens." 33 No reason, aside
from protecting maximum U.S. global power, seemed necessary.

Never especially interested in a truly global system of justice,
the U.S. threatened to paralyze U.N. peacekeeping operations if
it did not receive assurances that Americans would be granted
immunity from criminal prosecution — a condition that backers of
the Court found politically and legally untenable. Having refused
to endorse the tribunal, the Bush administration then demanded
special exemption from possible charges, arguing that the U.S. might
be the target of "politically motivated" legal action. Despite broad
global (and considerable domestic) support for the Court, Bush
was able to affirm (in July 2002) that the U.S. would refuse to
endorse the ICC. Within a week of that statement, the U.S. muscled
through the U.N. Security Council a resolution granting U.S. troops
and officials a renewable one-year exemption from investigation
or prosecution by the Court. But the U.S. exemption turned out to
be illegal, not to mention politically corrupt and riven with double
standards. As one longtime U.N. observer remarked: "We do not
think it is the business of the Security Council to interpret treaties
that are negotiated somewhere else." 34 The resolution not only
went against the world consensus, it also effectively validated the

198 THE CRIMES OF EMPIRE

idea that the U.S. ought to be free to stand outside the canons of
international law. Such exceptionalism, of course, renders the Court
and its procedures a mockery, since, as noted, laws and processes
demand universality to be legitimate and efficacious. At precisely
the time all this was taking place, Rumsfeld outlined a series of
sweeping proposals that would drastically weaken congressional
oversight of the Pentagon — seeking greater military freedom to
conduct domestic and global operations, a move largely justified
by the war on terrorism. U.S. efforts to subvert an independent
court coincided not only with Washington's preference for ad hoc
tribunals it could easily manage but with Bush's overall aggressive
foreign policy.

In summer 2002 the U.S. Congress passed the American Service
Member's Protection Act, with the aim of intimidating nations
that had ratified or were in the process of ratifying the ICC and
empowering the President to fight the Court as a threat to U.S.
sovereignty. The Act prohibits U.S. cooperation with the ICC for
any purpose. It insists upon complete U.S. troop immunity from
prosecution abroad — an implicit recognition that, with military
forces scattered around the globe and intervention somewhere
almost routine, the U.S. finds itself uniquely vulnerable to war-crimes
indictments. Known as the "Hague Invasion Act," it bans the U.S.
from giving military assistance to any state belonging to the ICC.
As Sands writes in Lawless World, the topic of ICC jurisprudence
is one that predictably reduces American politicians, the media, and
normally tepid academic gatherings to fits of hysteria. 35

U.S. disdain for ordinary canons of international law and human
rights was further revealed by Bush's cavalier outlook on the torture
of prisoners, long a staple of American intelligence practices in
Iraq, Afghanistan, Guantanamo, and various secret CIA locations —
and still defended, though more obliquely, in the wake of Abu
Ghraib and related scandals. In February 2002 Bush, saying "I
don't care what the international lawyers have to say, we're going
to kick some ass," upheld harsh and abusive interrogation methods
known to violate both the Geneva Protocols and the International
Torture Convention (a position that was later softened). According
to international law, detainees' rights can be challenged only in
recognized courts of law but this did not stop Bush and Rumsfeld,
emboldened by advice from their circle of neocon legal "theorists,"
from embracing coercive methods of interrogation, otherwise
known as an "alternative set of procedures." In 2004 Bush called
for drastic changes in the War Crimes Act through amendments

WAR-CRIMESTRIBUNALS: IMPERIAL JUSTICE 199

that would retroactively protect U.S. leaders, military personnel,
and ordinary citizens from criminal charges even where evidence of
torture might be uncovered. Thus Americans would be immunized
from past or future transgressions, an outright dismissal of Article 3
of the 1949 Geneva Protocols prohibiting "outrages upon personal
dignity, in particular humiliating and degrading treatment." In
September 2006 Bush proposed that Congress allow conviction
of prisoners based on coerced evidence and hearsay testimony.
(Neither of these moves succeeded.) Meanwhile, in August 2006
army Major General Geoffrey D. Miller, architect and overseer of
illegal prisoner operations at Guantanamo and Abu Ghraib, was
permitted a quiet retirement unencumbered by criminal prosecution
or even disciplinary action despite the long cycle of atrocities he had
set in motion. Upon retirement, Miller, said to be one of Rumsfeld's
favorite generals, was awarded the Distinguished Service Medal
for his work and praised by Pentagon brass for a "very, very
distinguished career." 36

THE U.S. ASSAULT ON INTERNATIONAL LAW

The norms and procedures of international law have evolved
within a rapidly changing historical context of intensified
economic globalization marked by the growth of corporate power
and neoliberal policies. Even more significantly, such norms and
procedures have unfolded at a time when U.S. imperial domination
was being extended to new corners of the globe. Among critical
issues posed by these developments is the fate of global justice:
can the hopes of a universal legality for prosecuting war crimes
and human rights violations be realized under present conditions?
The compelling question here is: to what extent can government
leaders, military personnel, and others be held accountable for their
crimes in a legal forum that is independent, fair, and consistent
in its functions? Can such a forum have universal efficacy in the
transformed historical setting?

Since the end of World War II, as we have seen, there has been
an evolving moral and political consensus — the moral Zeitgeist — in
favor of holding those charged with war crimes legally responsible.
The Nuremberg principles, in the main, soon entered the U.N.
Charter, boosting efforts to achieve a rational foundation of global
justice. Widespread hopes were that a new regimen of international
law and human rights, properly enforced, could bring an end
to the worst excesses of civil violence and warfare, perhaps an

200 THE CRIMES OF EMPIRE

end to warfare itself. As some postwar architects of a renovated
international law would argue, the political energy needed to
reshape the global terrain would probably come from the West
given its traditions of freedom, democracy, and rule of law. Indeed
the U.S. itself became a major contributor to both Nuremberg and
the Universal Declaration of Human Rights, a radical statement
for its time (or indeed even for today). Many optimists in the
West — liberals, social democrats, and other progressives especially —
entertained hopes for a new global legal paradigm past the Cold
War era and into the present. Thus Richard Falk would write:
"From its modern origins in the Nuremberg and Tokyo trials of
surviving German and Japanese leaders after the Second World War,
international law has progressed to the point where such behavior
is increasingly subject to indictment, prosecution, and punishment
in various appropriate circumstances." 37

While such optimism might appear well-grounded, Falk's view
fails to take into account two crucial problems: the capacity of the
lone superpower (or any superpower) to manipulate or subvert
that consensus, and the requirement (so far frustrated) of a truly
independent system that could perform legal functions that Falk
mentions. The difficulties and obstacles have surely worsened
in the wake of 9/11, the war on terror, the Iraq quagmire, and
prospects for new heated military conflicts. Put concretely, the
question remains — more salient now than ever — as to whether U.S.
government and military leaders could be brought before a tribunal
to face charges of war crimes that, as previously mentioned, have
been abundant throughout the myriad U.S. imperial adventures.
The answer so far is hardly reassuring. And in the absence of
international legal procedures strong enough to hold those most
guilty of criminal actions, it is impossible to take seriously Western
claims about protecting human rights and ensuring the "rule of
law." Frenetic U.S. efforts to subvert the ICC and many other
treaties should alone be reason to question the validity of claims
emanating from Washington and London, which reek of hypocrisy
and double standards.

If there is indeed a widening commitment to norms of lawful
international behavior — toward a system of commonly shared
global rules — then the U.S. clearly occupies a hostile, outlaw
relationship to such an agenda. One finds plenty of lip service in
support of high-sounding ideals, but great-power dedication to a
binding international system is feeble if not lacking altogether. U.S.
global behavior remains steeped in a political culture of national

WAR-CRIMESTRIBUNALS: IMPERIAL JUSTICE 201

exceptionalism, imperial arrogance, and glorification of military
power. America's obsession with ad hoc tribunals, its rejection of
independent legal processes, and its contemptuous attitude toward
global agreements reflect this culture. International law continues
to be subservient to the stratagems of a militarized imperial system.

The question of just who winds up indicted and prosecuted for
war crimes — and precisely how and for whom legal processes are
established — goes to the heart of the matter. As things now stand,
the prevailing legal system is biased, inconsistent, and juridically
indefensible. Washington has rushed to bring such political targets as
Milosevic and Hussein to trial, setting up specific political tribunals
for the purpose, while overlooking the egregious crimes of a long list
of American clients — Ferdinant Marcos in the Philippines, General
Suharto in Indonesia, Rios Montt in Guatemala, and Ariel Sharon
(among many others) in Israel. These U.S. "allies," all practitioners
of brutal political repression and military atrocities, have been spared
courtroom reckonings since their immune status is guaranteed by
the major superpower. Thus Sharon was for many years a powerful
force behind Israeli ethnic cleansing in Palestine, extending to his
well-documented role in the 1982 Lebanon refugee camp massacres.
Despite his dreadful record of waging deliberate attacks on civilians,
Sharon has been toasted and feted in Washington, welcomed as a
great statesman, a partisan of democracy, and a "man of peace."
Far from having to face prosecution for many years of criminal
deeds, Sharon was elected Prime Minister of Israel in 2001 — an
event duly celebrated in Washington as in Tel Aviv and Jerusalem.
Meanwhile, the Belgian Supreme Court ruled in 2002 that Sharon
ought to face war-crimes charges for his role in Lebanon, a move
quickly denounced by Israel and the U.S. as anti-Semitic. How the
Israeli public could elect a bona fide war criminal — and someone
viewed as such around the world — to the nation's highest office
raises still other questions. In any event, the legal and political
message is unmistakable: mass murder is acceptable so long as the
perpetrators are either Americans or their loyal clients.

Looking at the U.S. pattern of military intervention around the
world since 1945, from Korea to Indochina, Central America, and
the Middle East, the U.S. record of war crimes and human rights
violations, including crimes of aggression, has no parallel. Nor
does its abrogation of international laws and treaties. Virtually
every postwar American President from Truman to Bush II could
probably have been prosecuted as war criminals if the Nuremberg
principles had been uniformly enforced. Any truly independent

202 THE CRIMES OF EMPIRE

tribunal would have brought charges against these and a long list
of U.S. government and military leaders. For the illegal invasion
and occupation of Iraq dozens of Washington figures, including
Bush, Cheney, Rumsfeld, Wolfowitz, Rice, and Powell along
with high-level Pentagon officers and military leaders in the field,
could have been indicted. The problem is that no tribunal has
been created with enough power and legitimacy to challenge the
major superpower: war-crimes trials are reserved for the weak and
vanquished. Moreover, to date no U.S. political or military elites
have been brought to trial for their criminal actions in Vietnam,
Laos, and Cambodia — and indeed scarcely anyone in mainstream
American public life has suggested such a prospect. Henry Kissinger,
an architect of saturation bombing across Indochina (that is, the
wanton destruction of civilian populations) remains free to conduct
his life as a celebrity elder statesman, a regular on op-ed pages and
the talk-show circuit. Kissinger was perhaps the leading war planner
between 1968 and 1972, much of it involving massive chemical
warfare, with the loss (in just this period) of perhaps two million
lives. Reports indicated that Kissinger was even prepared to use
nuclear weapons to destroy Vietnamese resistance. 38 One question
posed by the genocidal Vietnam legacy is this: with major war
criminals like Kissinger and Nixon (along with McNamara, Dean
Rusk, and JFK before them) having evaded prosecution, what can
be the legitimacy of any war-crimes proceedings that nowadays will
be tarnished by (valid) accusations of double standards?

The International Criminal Court, as mentioned, has yet to
achieve the efficacy needed to prosecute war crimes on a large
scale — a major roadblock being U.S. rejectionism. The limits of
ICC power were revealed in June 2007 when its chief prosecutor
reported that the Sudanese government refused to cooperate with
efforts to indict a senior official and a militia leader for war-crimes
offenses in connection with ongoing attacks on civilians in the Darfur
region. 39 Prospects for bringing anyone to justice amidst the carnage
seemed bleak. So far, as we have seen, the only "successful" postwar
trials of leaders (and others) for war crimes have taken place under
the auspices of ad hoc tribunals arranged to suit U.S. geopolitical
agendas at The Hague and in Baghdad. Aside from the ICTY and
IHCC, the court receiving most attention — one promising to restore
international justice and rule of law — has been the International
Criminal Tribunal for Rwanda (ICTR), set up in Tanzania in 1994
and empowered to prosecute Rwandans for genocide and other
crimes linked to a series of massacres beginning in 1994. One

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problem with the ICTR is that it quickly became a tool of Paul
Kagame's corrupt Rwandan Patriotic Army dictatorship, backed
by the U.S. and itself apparently immune from indictments despite
considerable evidence of its own criminal actions. The pattern is
typical of ad hoc tribunals. Indeed in the aftermath of protracted
Hutu-Tutsi warfare only the Hutu massacres were prosecuted.
Financed and provided expertise by Washington, the ICTR jailed
hundreds of suspects without due process, often for lengthy terms.
Legal operations were shoddy and one-sided from the outset. 40

For the Darfur massacres the ICC indicted Ahmad Harun, in
charge of the region's security at the time, for masterminding violent
attacks on villagers leading to thousands of deaths and several
million refugees during 2003 and 2004. Harun was charged with
42 separate crimes, including murder, rape, persecution, and forcible
transfers among the population, but the Sudanese government
refused to deliver him to ICC jurisdiction and, shockingly, he
continued to hold the post of minister for humanitarian affairs. 41
Instead of being arrested and tried for his crimes, Harun retained
enormous power in Darfur while the Sudanese government rejected
any arrest warrants, saying the country was not a signatory to the
Court and that the charges against Harun were false — claims viewed
with great skepticism in the region. One Sudanese official said that
"it is a matter for Sudan to decide and act upon. The prosecutor
has no jurisdiction here. He is an intruder. Adds Harun: 'We are not
signatories to the Court, and neither is the United States. When you
[the U.S.] sign, we are going to follow. You go first.'" 42

Other international procedures for trying war-crimes suspects
have followed roughly the same pattern. For example, the trial of
former Liberian President Charles Taylor in Sierra Leone and the
proposed tribunal to prosecute those charged with the assassination
of Rafik Hariri in Lebanon — both strongly backed by the Bush
administration — contained all the defects of ad hoc legal bodies:
selective prosecution, combined functions of prosecutor and judge,
weakening of due process, capacity of a major power to shape
outcomes, double standards. Meanwhile, the ICTY at The Hague
was (in 2007 and 2008) urged to accelerate legal proceedings against
mostly Serb defendants held after the Balkans operations ended. As
in the case of every U.S. -supported tribunal, these judicial actions
are championed in the Western media as giant steps toward global
justice, their one-sidedness of little concern to opinion-makers
claiming to be partisans of the "rule of law."

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Other ad hoc or local structures for prosecuting war crimes have
been adopted by some national governments and military forces
including the U.S., for either domestic or foreign cases. As with
most other armed forces, the Pentagon has set up court-martial
processes mandated by the Universal Code of Military Justice
(UCMJ) to try those accused of war crimes and related atrocities —
for example, the bringing to trial of Lt. William Calley for his role
in the My Lai (Vietnam) massacres. Such prosecutions, however, are
few and isolated and typically deal with individual transgressions
rather than broader military operations, planning, and high-level
policy-making — all assumed to be guided by noble intentions. There
have been a few scattered courts martial conducted in Afghanistan
and Iraq, though the accused military personnel (in those instances
where they are found guilty) usually receive lenient sentences, as in
fact did Lt. Calley (a term of three years, later reduced).

As for enemy fighters, the U.S. apprehended hundreds of foreign
combatants in Afghanistan and elsewhere in the wake of 9/1 1, many
of them incarcerated in Iraq, Afghanistan, and at Guantanamo
awaiting charges and legal proceedings in connection with the
war on terror. President Bush initially classified such prisoners as
"unlawful enemy combatants" (i.e., mere "terrorists"), meaning
they would not be granted ordinary Geneva Convention protections
as prisoners of war. Bush hoped to prosecute these detainees at
special U.S. military tribunals in Guantanamo and other locations,
but the Supreme Court ruled these bodies unconstitutional for
such purposes. In 2006 Congress passed the Military Commissions
Act giving the Pentagon jurisdiction over "unlawful alien enemy
combatants" but in June 2007 a federal judge ruled against these
legal bodies on grounds they lacked jurisdiction over prisoners of
war. Reports indicate that Guantanamo detainees in particular have
been treated harshly, often kept without being informed of charges
for months or even years, deprived of due process, and subjected
to forced confessions. Despite such legal setbacks the Pentagon
(in summer 2007) vowed to push ahead with special prosecutions
of detainees, isolating itself even further from the human rights
community. According to Jennifer Daskai of Human Rights Watch,
the Bush-Pentagon legal impasse "signals that these commissions
need to be scrapped and the detention facility at Guantanamo
Bay must be closed." 43 Whatever the future of these provincial
bodies — and President Obama has indicated a new course — they
surely offered a poor example of war-crimes courts that could gain
wider legitimacy.

WAR-CRIMESTRIBUNALS: IMPERIAL JUSTICE 205

Other alternatives for the prosecution of war crimes have emerged
in recent years — one of them, ironically, as an offshoot of the
Military Commissions Act that Bush hoped would give the U.S.
legal advantages in the war on terror. In November 2006 a group
of lawyers and human rights advocates sought to bring war-crimes
charges against leading figures of the Bush administration before a
German court, employing the same doctrine of Universal Jurisdiction
that was used to indict former Chilean dictator Augusto Pinochet
before a Spanish court in 2002. In this case the doctrine was invoked
on grounds that Bush's Military Commissions Act intended to
provide retroactive immunity for Americans who might be indicted
for war-crimes offenses. The case filed by the Center for Constitution
Rights argued that, since under the Act no Americans could ever
be charged within the United States, it would be legitimate (indeed
necessary) to bring them to justice in another country. The widely
accepted principle of Universal Jurisdiction allows for prosecution
of war crimes, including genocide and crimes against humanity, in
any locale where the principle has been officially enacted.

A consensual global jurisprudence rooted in universal norms
consistent with an independent war-crimes tribunal remains today
a distant hope. Experience shows the prevailing modalities —
ad hoc, national, and military courts — offer no way out of the
conundrum. The Kantian idea of ethico-political universality is no
closer to realization in the early twenty-first century than it was
at Nuremberg, despite claims of a new human rights era being on
the horizon. The International Criminal Court, widely seen as a
major step forward, has been sabotaged by the lone superpower.
And the United Nations, previously thought to be a crucible of
international law, suffers from failure to transcend the pressures
of nationalism and imperialism. The U.S. and a few of its G-8
partners continue to hold sway over crucial U.N. decision-making,
above all in the Security Council. The pursuit of global justice is
inevitably blocked by great-power interests where norms of excep-
tionalism, claims of immunity, double standards, and easy resort
to military force carry the day. This pathetic state of affairs has,
unfortunately, been widely supported by the liberal intelligentsia
in the West, above all in the United States. As Edward Herman
and David Peterson observe referring to the workings of the ICTY,
"this entire intellectual and moral construct was a fraud; and that

206 THE CRIMES OF EMPIRE

it found as many advocates as it did tells us more about the grip of
imperial ideology, ignorance, and potent propaganda in the West
than anything about the new norms of the wished-for cosmopolitan
order." 44 An emergent international consensus identified by Falk
and others has little hope of being codified and institutionalized
at a time when U.S. economic, political, and military power is
determined to transcend all constraints. So long as Washington
persists in its international outlawry, in its military aggression and
refusal to support global agreements and treaties — and so long as it
insists upon special immunity from war-crimes accountability — the
struggle for truly independent mechanisms of justice will inevitably
be frustrated.

The sad history of international criminal legality is that it has
never moved beyond the realm of ad hoc, selective justice — that is,
no authentic justice at all — despite moral pretensions to the contrary.
International law embodied in various tribunals has been regularly
superseded by dictates of political power that, in the postwar era,
have meant above all American power. As Mandel aptly comments:
"The only rational assumptions are that international criminal law
will be firmly subordinated to power, that impunity will be a perk
of economic and military hegemony, and that the usual suspects
will continue to be rounded up while America gets away with
murder." 45 The U.S. and a few of its allies or clients (notably Britain
and Israel) have been the supreme criminals for many decades but
have managed to escape legal accountability, a concept reserved
for lesser offenders or, in some cases, the victims of U.S. imperial
violence. Tribunals like those at The Hague and Baghdad are meant
to give an appearance of justice, but in the end they do not serve
the purposes of truth, justice, peace, deterrence, and punishment of
wrongdoers. The outcome is nothing but fraudulent legality since,
as Mandel notes, "if you study the theory of justice you will find
no tolerance for selective justice. That's because justice is based
on equality, and it is a serious violation of equality to voluntarily
leave some wrongdoer unpunished." 46 The problem is compounded,
moreover, when that wrongdoer happens to be the most prolific and
horrendous criminal of all.

7

Torture and Other Atrocities

Throughout 2004, graphic revelations of systematic U.S. human
rights abuses, including illegal detentions and torture, at Guantanamo
Bay in Cuba and Abu Ghraib in Iraq shocked an American public
that, for the first time, became aware of longstanding harsh and
cruel CIA "rendition" programs. As clear violations of the Geneva
Conventions and other international treaties, these practices were
the topic of considerable media and political attention, giving rise to
a stream of mainstream apologetics, pleas for reform, and legislative
corrective measures — a rare outburst of establishment concern
about an instance of American outlawry. The issue of torture in
particular had seemingly touched a raw nerve in the political culture.
In the midst of embarrassing images of prisoner mistreatment
and frenzied promises of change, however, government and military
leaders were quick to affirm two comforting discourses — that the
abuses were the product of a few wayward (and notably low-level)
soldiers and were a radical departure from revered U.S. traditions
and values. General Wesley Clark, former NATO commander and
2004 presidential candidate, gave a speech at UCLA in October
2006 in which he denounced torture and related practices, saying
they go against the grain of American dedication to international
rules and laws. "Law is sacred to the American system," pronounced
Clark. "A retreat from Geneva means nothing less than abandoning
American values." 1 In the aftermath of the Abu Ghraib revelations
and publicity, President Bush said that prisoner abuse was a revolting
exception to the norm, for "that's not the way we do things in
America." Acknowledging the misguided actions of a few, Secretary
of Defense Rumsfeld said in late 2004 that all detainees in U.S.
custody are treated "humanely," consistent with the provisions of
international law. A lengthier response came from Secretary of State
Condoleezza Rice who, speaking in December 2005, stated: "With
respect to detainees the United States government complies with its
Constitution, its laws, and its treaty obligations. Acts of physical
or mental torture are expressly prohibited. The United States
t does not authorize or condone torture of detainees.

208 THECRIMES OF EMPIRE

Torture, and conspiracy to commit torture, are crimes under U.S.
law, wherever they may occur in the world." She described the
atrocities at Guantanamo and Abu Ghraib (among others) as
sickening aberrations from the norm, not likely to be repeated. 2

References to U.S. obligations to the "rule of law" and
international norms are, as we have seen, constantly invoked but
rarely transcend ideological rituals detached from actual historical
experience. Much the same can be said of the supposed power
of American traditions and values. Viewed in the larger historical
context, Bush-era human rights violations and other criminal abuses
represent no deviation from earlier U.S. practices but rather their
extension within a new paradigm of warfare. The act of torture
itself can be viewed as part of the American legacy of imperialism
and militarism, in many ways integral to the logic of geopolitical
ambitions. A nation that has so often carried out military aggression,
wantonly attacked civilian populations and targets, destroyed entire
societies, used weapons of mass destruction, and deployed its armed
might to crush oppositional movements around the world — killing
millions and displacing tens of millions more in the process — cannot
be expected to shy away from torture and similar atrocities as it
routinely goes about its global business. Illegal detentions, denial
of due process, kidnappings, assassinations, death-squad murders,
and cruel interrogation methods are simply another expression of
imperial power. (Whether the atrocities in question are carried out
directly or through proxies is of secondary importance.) Viewed
in this context, torture and kindred abuses must be understood as
an outgrowth of U.S. militarism over time, sanctioned at the very
top of the power structure (though usually not overtly). The ethos
of death and destruction that inevitably accompanies U.S. efforts
to achieve imperial aims has a long trajectory, first appearing well
before international legal canons governing human rights were
set in motion. Today, of course, prohibitions against torture and
other atrocities have been systematically codified, part of global
customary law concerning what are generally regarded as extreme
criminal acts despite occasional attempts to justify them.

Torture and other comparable forms of inhumane treatment have
been explicitly outlawed since World War II, first given full legal
codification in the 1948 Universal Declaration of Human Rights
(UDHR). Article 5 states that "no one shall be subjected to torture
or to cruel, inhuman, or degrading treatment or punishment," while
Article 9 states that "no one shall be subjected to arbitrary arrest,
detention, or exile," and Article 10 affirms that "everyone is entitled

TORTURE AND OTHER ATROCITIES 209

to full equality, to a fair and public hearing by an independent and
impartial tribunal." Additional rights are ensured by Article 12,
which states that "no one shall be subjected to arbitrary interference
with his privacy, family, home, or correspondence." These rights
are unambiguously reaffirmed in the Geneva Convention III (1949),
which states (Article 13) that "prisoners of war must at all times
be treated humanely" and that "no physical or mental torture, nor
any other form of coercion, may be inflicted on prisoners of war
to secure from them information of any kind whatever" (Article
17). These rules are to be applied uniformly, with no exceptions,
and extended not just to members of armed forces but to militias,
volunteer groups, resistance movements, and insurgencies. The
Convention Against Torture (1984) directs each state party to
incorporate torture as an offense within its criminal law (Article 4),
while the Rome Statutes of the ICC define torture and other abuses
of prisoners as a war crime. The U.S. is a signatory to the UDHR,
the Geneva Conventions, and the Convention Against Torture. 3
But this has not deterred Washington, as we shall see, from setting
up its own outlaw regimen for treating prisoners and others under
its control.

THE HISTORICAL LABYRINTH

For roughly two centuries military violence in myriad forms
has been central to the expansion and defense of U.S. imperial
objectives. Despite loud protestations to the contrary, torture and
related abuses have always been a feature of this violence, part of a
logic of perpetual warfare in which demonic enemies must be fought
and contained. Atrocities become a routine, at times legitimated,
aspect of the U.S. struggle for global supremacy as that struggle
generates great reserves of hatred and contempt among the victims
of targeted populations. These atrocities, part of a general ethos of
lawlessness, have provoked relatively little outrage among either
opinion leaders or the larger public in the U.S.

The best place to begin is with U.S. exterminationist policies
directed against Native tribes throughout the nineteenth century (and
earlier) — policies so horrific as to dwarf the many isolated atrocities
carried out by the military and settlers during the same period. The
history is one that fits the category of genocidal destruction. At the
same time, those isolated atrocities deserve mention insofar as they
were a prelude to the later pattern of lawless barbarism marking
s in the Philippines, World War II, Korea, Vietnam,

210 THE CRIMES OF EMPIRE

Central America, and, more recently, the Middle East. The decades
of Indian Wars brought not only well-known massacres — at Sand
Creek, Washita, and Wounded Knee, for example — but unspeakable
acts of individual brutality: beatings, scalpings, mutilations, sexual
assaults, kidnappings, prisoner mistreatment, and shootings along
with full-scale attacks on civilians. Captives were often summarily
executed, including women, children, and the elderly. Dwellings
were routinely burned to the ground, food stores destroyed, and
both ponies and buffalo slaughtered by the thousands. Dying
Indians were commonly tortured, killed, and mutilated. All of these
atrocities took place, for example, when General George Armstrong
Custer attacked a defenseless settlement of mostly Cheyenne women
and children at the Washita River in Oklahoma in 1868, a massacre
that solidified Custer's credentials as a heroic Indian fighter. 4

At Sand Creek, Colorado, in 1864, the carnage wrought by the
fanatically pious Colonel John Chivington had been even more
barbaric, the individual atrocities even more gruesome. Reflecting
on Chivington's God-ordained massacre, a lieutenant from the
New Mexico Volunteers wrote: "Of from five to six hundred souls
[killed,] the majority of which were women and children ... I did
not see a body of a man, woman, or child but was scalped, and
in many instances their bodies were mutilated in a most horrible
manner — men, women, and children's privates cut out. I heard
one man say that he had cut out a woman's private parts and had
them for exhibition on a stick. I heard another man say he had cut
the fingers of an Indian to get the rings on the hand." 5 According
to this and many similar reports, soldiers used knives to rip apart
bodies, and none were spared. 6 Torture, butchery, mutilation — there
seemed to be no limits to barbarism on the frontier. Such atrocities,
as it turned out, were hardly aberrant, but were repeated time
and again, finally culminating in the Wounded Knee massacre of
1890, where more than 3000 defenseless women and children were
slaughtered with most of the wounded tortured before they were
killed. No disciplinary action was ever taken against U.S. military
officers responsible for such horrors which, in the final analysis,
helped pave the way toward unchallenged white-colonial power
over the continent.

While international law has been steadily refined since the late
nineteenth century, with prohibitions against torture and kindred
abuses established and codified, in fact U.S. global behavior in this
regard has changed very little — an apparent extension of what
occurred during the Indian Wars. One obvious difference is that

TORTURE AND OTHER ATROCITIES 211

the newer regimen has been directed largely outside American
borders, toward designated targets in Latin America, Asia, and
the Middle East. It is not necessary here to detail all these historical
episodes — that would require yet another book — but rather to
identify general patterns of behavior in a few geopolitical settings.
In the case of World War II, the fabled "good war," observers have
often forgotten that the Allied Powers, while militarily victorious,
were guilty of monstrous war crimes that in many respects matched
or even surpassed those of the Axis nations. Torture is one atrocity
that would surely fall into that category, especially in the Pacific
Theater where the U.S. carried out a total war of attrition against
the Japanese, replete with continuous saturation bombing raids and
two nuclear infernos.

In the "war without mercy" that characterized the Pacific
battlefield, we have seen how Americans viewed the Japanese as
irredeemably evil, a monolithic race apart, so subhuman that even
the most barbaric actions against them could easily be justified.
Racial stereotypes of savage Asian hordes permeated U.S. media
both in the military and on the home front, giving rise to a racially
explosive milieu in which atrocities became routine and readily
accepted by the public. Exterminationist language — for example,
"kill Japs and more Japs" — was fueled by a racist hatred largely
unknown to the European theater, at least in the context of U.S.
motives. Revenge for Pearl Harbor could explain only a small part
of this hatred leading to unrestrained savagery. Aside from the
massive aerial bombardments of Japanese cities producing well
more than a million civilian deaths, there was an abundance of
local or isolated atrocities: shooting of prisoners, torture, lifeboat
strafings, attacks on hospitals, civilian abuse, wounded buried alive,
mutilated corpses. 7 When such atrocities became known within
larger military circles and the general public, more often than not
they were defended and even celebrated. The ideological atmosphere
was one of vengeful racial hatred.

In July 1944 — well before the U.S. bombing campaign against
Japan — Charles Lindberg, a close observer of the Pacific War,
wrote: "It was freely admitted that some of our soldiers tortured
Jap prisoners and were as cruel and barbaric at times as the Japs
themselves. Our men think nothing of shooting a Japanese prisoner
or a soldier attempting to surrender ... these are condoned by
almost everyone." 8 It was widely recognized that what would
later be regarded as war crimes were committed virtually without
t on both sides, despite rhetoric to the contrary. Both sides,

212 THE CRIMES OF EMPIRE

moreover, viewed the imperialist conflict as a war to advance higher
values. As Dower observes: "The civilization which both the Allies
and Japanese claimed to be defending had failed to stem these
[barbaric] impulses and World War Two simply witnessed new as
well as old ways of carrying out mass destruction and individual
violence." 9 In the case of the U.S., its great pretenses about a war
being fought on behalf of democracy and the rule of law would
turn especially sour, while for the world any notion that new rules
and prohibitions would spell an end to war-related individual
atrocities was indeed illusory.

During the Vietnam War era moral and social constraints operating
within the U.S. military progressively broke down as the war dragged
on, eroding rules of engagement and permitting some of the most
horrendous war crimes in modern history. Guidelines included in
armed-forces manuals deferred to international law, but soldiers in
the field — as well as the pilots of air strikes — usually ignored them;
rules were viewed as something to be eluded where possible. At
the same time, there were informal codes: any Vietnamese running
from combat, taking evasive action, or even having the appearance
of being a fighter could be immediately detained, kept captive, and
tortured — or simply fired upon. American troops often made little
effort to distinguish civilians from combatants, a challenge that
in any case was extremely difficult under conditions of guerrilla
insurgency. The general idea was that, in the midst of combat
and "free-fire zones," any Vietnamese encountered was a "gook"
who, by definition, was the enemy. 10 And in Vietnam the atrocities
inevitably resulting from this state of affairs were never-ending —
burning homes, mass killings, torture, rape, murder of wounded
prisoners, beatings, destruction of animals and life-support systems,
all fueled by elements of revenge, sadism, combat stress, and in some
cases sexual pleasure. 11 These practices were for some units virtually
routine, informally tolerated or even encouraged in the battlefield as
standard behavior to defeat an implacable enemy, and sanctioned
at the very top of the command structure.

As the war intensified by the mid 1960s, military intelligence
specialists had become thoroughly trained in methods of harassment,
intimidation, and torture as they detained and questioned North
Vietnamese and Vietcong troops in the field — methods often taught
orally by instructors mindful of international-law violations.
Methods included throwing people out of helicopters, electric
shock treatment, severe beatings, and mutilation. Prisoners were
often taken for "flying lessons" or "half a helicopter ride" as

TORTURE AND OTHER ATROCITIES 213

interrogators kept throwing people out until someone talked.
Other creative modes of torture were employed to break down
possible informants. When a captive proves stubborn, according
to one U.S. soldier, "the answer is invariable, you take a field
telephone, wire it around a man's testicles, you ring him up and
he always answers. It's known as the Bell Telephone Hour. You
won't find it in the curriculum." 12 Torture was applied to anyone,
the assumption being that civilians in any case were likely to be
"VC supporters" to varying degrees. Those captured were often
tortured for information, then for revenge, then for sadistic or
sexual pleasure. When American units came upon hamlets they
would routinely engage in torture, rape, murder, and mutilation,
generally without fear of being investigated or prosecuted. Any
soldier reporting such crimes would likely be killed.

Wielding military power over local inhabitants, American troops
often found great sexual pleasure in the process of carrying out
these atrocities. Rape became a special means of bringing sex and
violence together. According to one macabre account: "maybe four
or five of us would go into a village and take a girl and bring her
out to the jungle. ... Explain to her to lie on the ground and don't
scream, otherwise she'll be killed immediately, and however many
guys there are — well, they all do what they want. And if the guys
are in a good mood, they let her go. If not they kill her. " 13 Rape was
often followed by torture, as girls and women ended up bleeding
from their mouths, noses, and vaginas when further assaulted and
beaten before being killed. According to reports, some women were
burned to death after gasoline was poured over their body and
troops stood around and sadistically watched. 14 Routine sexual
encounters between GIs and Vietnamese women often grew violent,
leading to rapes, beatings, and murder.

In Vietnam these atrocities were hardly isolated or aberrant
acts carried out by a few demented, out-of-control individuals
or groups, nor was the My Lai massacre in 1968 the horror set
apart from standard U.S. troop behavior it was depicted as being
in the American media. Recycling racist imagery that gave the wars
against the Indians, Japanese, and Koreans added savagery, military
leaders regularly called the Vietnamese gooks, thugs, and worse,
with General William Westmoreland himself known to refer to
them as "worthless termites." 15 These were the same "termites,"
presumably, who were to be brought the American blessings
of freedom and democracy. Such bigoted attitudes permeated
armed-forces units from top to bottom. Everyday violence against

214 THE CRIMES OF EMPIRE

an evil force was not only tolerated but actively encouraged to the
point where it became integral to the military culture. Veterans have
repeatedly described their officers, comrades, and even chaplains
as urging them to carry out blood revenge — acts made possible, as
Rhodes observes, by a nearly total loss of restraint. 16 In the field,
U.S. troops were "violently coached by their leaders, began beating
up prisoners, torturing prisoners, executing prisoners — began, that
is, expanding their range of violent performances." According to
one participant in this barbarism, "the voices of authority in the
company — the platoon sergeants and officers — acknowledged that
[executing prisoners] was a proper way to behave. Who were the
grunts to disagree with it? We supported it." 17

Atrocities in Vietnam were the inevitable modus operandi of
a ruthless U.S. war of attrition, planned by the liberal architects
of technowar and counterinsurgency. Thus by the late 1960s the
Phoenix Program set up by the CIA was already responsible for the
illegal detention and torture of untold thousands of captives. Under
this program, moreover, U.S. operatives assassinated an estimated
21,000 Vietnamese officials in the South. As the war expanded,
Navy SEALs and other units mounted raids to destroy homes,
capture and torture people, and conduct summary executions at
random, devoid of any rules of engagement. By the end of the war
many hundreds of thousands (mostly civilians) had been rounded
up, detained, and subjected to unspeakable brutality — all of it
condoned or at least ignored all the way to the top of the military
and government leadership. 18 It was rooted in the very conduct of
warfare. Many of these atrocities were revealed to the American
public by the Winter Soldier hearings and testimony in 1971, but
its impact on the political culture was sadly minimal. Indeed the
hearings were barely covered in the mass media while politicians
seemed inclined to dismiss the atrocities as just another unfortunate
expression of modern (or any) warfare.

The record of U.S. criminal behavior in Central America hardly
compares with that in Asia, but it covers a lengthier historical
period during which the CIA, military, and proxy groups detained,
tortured, and killed tens of thousands of people in Guatemala,
El Salvador, Honduras, Panama, and Nicaragua. Such atrocities
resulted from established operational procedures at times when
U.S. -supported oligarchical interests were challenged or overturned
by oppositional movements. As Jennifer Harbury shows in her well-
researched study of torture across Central America: "A review of
the materials leads relentlessly to just one conclusion: that the CIA

TORTURE AND OTHER ATROCITIES 215

and related U.S. intelligence agencies have since their inception
engaged in the widespread practice of torture, either directly or
through well-paid proxies." 19 Counterinsurgency campaigns
involved regular kidnappings, detentions, torture, and executions.
The U.S., often through the infamous School of the Americas and
other domestic military bases, provided finances, training, logistics,
and weapons — the work of mostly secret projects organized by the
CIA. 20 In Guatemala, El Salvador, and Nicaragua local atrocities
reach their peak during the 1980s as the linkage between the U.S.
and Central American instruments of violence intensified, giving rise
to a wave of abductions, torture, and murder, much of it directed
against labor, civic, and religious leaders. Intensified repression, as
during the Rio Montt campaign in Guatemala in the early 1980s,
was usually accompanied by heightened U.S. financial and military
assistance. After Reagan became President the Guatemalan army
achieved the distinction of being the worst human rights violator
in the Western hemisphere.

As in Vietnam, torture and related atrocities in Central America
were hardly the product of excesses, mistakes, or a few renegade
sadists; they were part of the logic of control and repression. What
was understood to be necessary "dirty work" took years to plan
and refine, much of it carried over from the Vietnam experience.
Such methods as solitary confinement, beatings, electric shocks,
stress positions, and sexual humiliation — to be replicated later at
Guantanamo and Abu Ghraib — had been de rigueur in Vietnam.
One difference in Central America was that the U.S. preferred to
work through local military units and death squads, that is, by
proxy, so that it would be more difficult to trace the atrocities back
to the guilty Washington agents. Still, as Harbury points out, there
were few doubts in the field as to who was calling the shots. Thus:
"The Yankees in the torture cells were not working for local military
officials at all. To the contrary, they were very much in charge, and
had clear authority over the torturers themselves. The Americans
were not taking orders, they were giving them. At times they were
even supervising the entire torture session." 21 In such a brutal milieu,
the idea that the U.S. somehow wanted to bring democracy and the
"rule of law" to Latin America can only be greeted with ridicule.

Throughout the postwar years the U.S. routinely employed —
directly or indirectly — illegal detentions, torture, assassination,
and other forms of murder as valued instruments of imperial
power. It has carried out or supported these actions across many
geographical settings: South America, Indonesia, Iran, Central Asia,

216 THE CRIMES OF EMPIRE

and the Balkans as well as the aforementioned Korea, Vietnam,
and Central America. And the legacy continues on a regular basis,
thanks not only to the CIA but to Special Forces units, Navy SEALs,
Delta Force, and various regular military operations. In many
cases Washington has been involved in repression directed against
political, cultural, and intellectual opposition. Harsh interrogation
methods are but one facet of this worldwide terror apparatus. As
James Petras writes, for several decades the Israelis performed a
complementary role in this process, their repression of Palestinians
based on routine arrests, harassment, torture, and random killings —
all with U.S. support and blessing. Thousands of Palestinians have
been illegally detained at any given time. Torture practiced by the
Israeli Mossad parallels methods used by the CIA: shackles, beatings,
stress positions, stripping, and sexual intimidation. 22 Assassinations
are often carried out by commando groups, helicopter gunships,
F-16 fighter planes, and other techniques perfected since the early
1950s. The fact that all of these practices are flagrant violations of
international law seems to have bothered neither the Israelis nor
their American patrons.

We have plenty of history to show conclusively that present-day
U.S. torture and other human rights abuses are deeply rooted in the
past, now tied to an apparatus of control and repression integral
to Empire. They constitute longstanding patterns rather than
exceptions or departures from the norm. American militarism seems
always to have been replete with criminal operations sanctioned,
more often than not, at the very summit of government and military
officialdom. The CIA torture network in particular, in place over
several decades but only recently a focus of political and public
concern, represents one cornerstone in the superpower efforts to
maximize its surveillance, intelligence, and control capabilities.

In hundreds of pages of long-classified but recently disclosed files,
CIA documents describe at length a wide variety of illegal actions:
secret holding cells around the world, unlawful detentions without
due process, vast surveillance functions, plots to assassinate foreign
leaders. (Unfortunately, most of what was reluctantly released was
blacked out.) 23 In Ghost Plane, Stephen Grey presents an exhaustive
investigative report on CIA torture programs where, among other
things, "ghost" prisoners are sent to secret locations around the
world and held, typically without charges, outside any framework
of international convention or law. Most detainees were sent to
locales controlled by harsh regimes (for example, in the Middle East,
Central Asia, and Eastern Europe) for "extraordinary rendition" —

TORTURE AND OTHER ATROCITIES 217

that is, torture — ostensibly for purposes of obtaining crucial
information. As part of the war on terrorism, these programs were
strongly embraced by Clinton during the 1990s and then stepped
up by Bush in the wake of 9/1 1. 24 At this point hundreds of CIA
operatives were working more or less freely across the globe. In
February 2007 an Italian judge indicted 26 Americans (both CIA
and military personnel) for their role in plots to abduct targeted
individuals. In one publicized case U.S. operatives abducted one
Abu Omar off a Milan street in 2003, after which he was detained
in Egypt for four years without charges, hooded and beaten, and
tortured when he refused to become a CIA informant. 25 It was
within such an environment that the U.S. torture regimen expanded
its scope to include Guantanamo, Afghanistan, and Iraq with the
war on terror and invasion of Iraq after 2001. Upon assuming
office in January 2009, President Obama set out to limit abuses
of detainees but also issued an executive order allowing the CIA
to carry out its rendition programs so long as suspects were held
only "short-term."

GUANTANAMO: THE NEW DEVIL'S ISLAND

The events of 9/11 set in motion new U.S. political and legal
maneuvers that would overtly challenge basic provisions of
onal law, justified by the urgent need to fight global
. By late 2001 the U.S. was already setting up detention
facilities to house and interrogate hundreds (eventually thousands)
of prisoners associated with the Taliban, Al Qaeda, and other
Muslim groups thought to be involved in jihadic violence. According
to the Bush administration, 9/11 ushered in a new kind of war
requiring legal, political, and military flexibility in its pursuit — a
radical departure from the familiar clash between rival nation-states.
Toward this end Bush issued a secret executive order in late 2001
giving the CIA special power to detain and investigate prisoners,
followed (in February 2002) by a broader executive order stating
that, since terrorist suspects were not conventional prisoners of war
but rather "unlawful enemy combatants," the U.S. was not subject
to international legal provisions regarding treatment of detainees.
These orders in effect opened the door to torture and other abuses
of prisoners at Guantanamo Bay, a camp set up beyond the reach
of American domestic jurisdiction, and elsewhere at mostly secret
locations. Legal rationalizations (for such practices as torture and
denial of due process) came from officials within the Bush admin-

218 THE CRIMES OF EMPIRE

istration, including Deputy Assistant Attorney General John Yoo,
who contended that for a variety of reasons the U.S. should not be
subject to the provisions of international law. For Yoo and others,
the imminent threat of terrorism meant that Washington was now
freed from legal restraints, including those set by the International
Criminal Court where the U.S., in any case, was not a signatory.
And torture itself was further given a peculiar American definition: it
would apply only to the most extreme practices leading to outright
organ failure or death. 26

Legal opinions that the U.S. could operate outside international
conventions in its treatment of detainees came from a series of
memos sent to Bush by the Attorney General's office, culminating in
Alberto Gonzales' report of January 25, 2002 indicating that Geneva
Convention III does not apply in the war on terror where prisoners
cannot be regarded as POWs but only as "unlawful combatants."
Such prisoners were essentially stateless. Those suspected of being
members of the Taliban or Al Qaeda were in any case operating
within the context of a "failed state" (Afghanistan). Gonzales,
moreover, argued that the President — and not international or
domestic courts — should have exclusive power over any legal
proceedings. 27 Bush's executive orders of November 2001 and
February 2002 were grounded in Gonzales' opinions which, as
it turned out, conflicted with prevailing readings of international
law. Central to Bush's decrees was the establishment of military
commissions ostensibly to try non-Americans on war-crimes and
related charges. This rare maneuver, not employed since World War
II, gave the President authority to set up ground rules for the conduct
of strictly military proceedings whereby the prosecution and judges
are answerable only to him while he alone is charged with reviewing
the final verdicts. The commissions work in secrecy, the prosecution
can rely on secret evidence and witnesses, and no appeal to civilian
courts is possible. Defendants have no right of access to any domestic
or international courts and cannot even select their own attorneys.
Thus at Guantanamo a defendant could be given a harsh sentence
without a public trial, presumption of innocence, right to appeal, or
proof beyond reasonable doubt. In other words, Bush had created
a juridical apparatus that flagrantly violated commonly held legal
norms of due process. Both Human Rights Watch and Amnesty
International denounced these attempts to bypass Geneva and other
protocols as inconsistent with both human rights and criminal law. 28
The U.N. high commissioner for human rights, Mary Robinson,

TORTURE AND OTHER ATROCITIES 219

said the U.S. had no legal justification for dismissing Geneva III,
after which her reappointment was blocked by the U.S.

While Bush's orders effectively snubbed the U.S. judiciary as well
as international law, they served to immunize American g
and military personnel from war-crimes charges where to
of detainees was involved. The result was a green light for t<
and denial of due process at detention centers in Afghanistan,
Guantanamo, and (later) Iraq — despite a refusal to concede as much
by top officials in Washington. The Pentagon spelled out a three-tier
interrogation plan that would presumably be implemented first at
Bagram Air Force Base in Afghanistan and at Guantanamo. Thus
"Category I" would involve yelling, deception, and intimidation;
"Category II" the use of stress positions, deprivation, hooding,
isolation, use of phobias, and removal of comfort items; and
"Category III" severe physical harm including temporary suffocation
and exposure to extreme cold or heat. At least 24 of these methods
were approved by Secretary of Defense Rumsfeld in April 2003,
while CIA "rendition" measures at secret detention centers seemed
to proceed with few if any constraints.

By early 2002, as hundreds of prisoners from Afghanistan were
taken bound, shackled, and hooded to Guantanamo, stark images
of human rights abuses began to surface despite the relative secrecy
of the operations. Prisoners arrived from more than 40 countries.
Whatever the stipulations of international law, the Bush administra-
tion was determined to squeeze information out of detainees — people
that Bush, Cheney, and Rumsfeld had already concluded were evil
threats to U.S. security — by any means necessary. Prisoners were
stripped of all rights and detained indefinitely with no charges filed
and no access to lawyers or courts, a state of affairs that for some
persisted up to three years. A Red Cross inspection conducted
in October 2003 found conditions at Guantanamo horrid, with
physical and mental abuses rampant. The abuses recorded at
that time were many: long-term solitary confinement, lengthy
interrogation sessions, exposure to heat and cold, beatings, use of
pepper spray, guns held to prisoners' heads, inadequate food, and
stress positions, to name some. 29 Many cases of sexual and religious
humiliation were reported as well. Prisoners had little or no privacy
and were often denied exercise privileges. Harsh discipline was
standard treatment, especially in cases where suspects were viewed
as non-cooperative. Camp Delta, built in 2003 by KBR, came to be
known as an American "Devil's Island" where prisoners were kept in
maximum security. Such treatment was justified by U.S. officials who

220 THE CRIMES OF EMPIRE

viewed detainees (already presumed guilty) as subhuman terrorists
deserving of no legal or human rights. The detainees were also seen
as vast sources of intelligence in the fight against terrorism, but these
expectations turned out to be mostly illusory. 30

While U.S. leaders invoked the war on terror as yet another
pretext for national exceptionalism — here meaning special claims of
immunity from war-crimes charges — the reality has been a systematic
attack on global rules now well-established and part of customary
law. Several problems were inherent in Bush's decrees from the
outset. First, the notion that detainees as suspected terrorists could be
labeled "unlawful combatants" and stripped of basic rights cannot
be legally defended: international humanitarian law protects all
human beings of all nations, whether civilian or military personnel,
whatever the conditions leading up to their arrest. And no country
has unilateral power to determine the status of detainees — that is a
matter for independent courts to determine. Second, the indefinite
incarceration of prisoners without charges, access to lawyers and
courts, in virtual isolation from the world, clearly violates universal
precepts of due process enshrined in the U.N. Charter and many
treaties as well as the U.S. Constitution. Third, any form of torture
under any circumstances is strictly prohibited by international law —
by the UDHR, the Torture Convention, and several provisions of
the Geneva Conventions, not to mention U.S. domestic and military
codes. There are no exceptions to this law. Fourth, those in charge
of detainees are not legally permitted to seek revenge or punishment
against them, while interrogation is never allowed except for simple
requests for personal identification. At Guantanamo and elsewhere,
it must be remembered, any guilt regarding criminal charges was
never initially determined. 31 Finally, Bush administration claims that
"terrorists" were being held "outside U.S. territory" could not be
sustained insofar as the naval station at Guantanamo was firmly
under U.S. jurisdiction.

This unapologetic subversion of global rules was denounced by
lawyers and politicians around the world, including many in the
U.S., and by a series of media interventions including well-crafted
books by David Rose (Guantanamo, 2004), Michael Ratner and
Ellen Ray (Guantanamo, 2004), and Seymour Hersh (Chain of
Command, 2004) that revealed the scandalous illegality of American
prison operations. 32 Ratner's organization, the Center for Constitu-
tional Rights (CCR), bravely took up the cause of the Guantanamo
prisoners who, at least for the first three years, had no other recourse
to the pursuit of justice. As Ratner writes in the preface to his book:

TORTURE AND OTHER ATROCITIES 221

We believed strongly that the president, acting unilaterally, did
not have the right ... simply to designate people for detention,
hold them incommunicado, deny court review, and throw away
the key. At that time we could not even imagine the abuses that
have now [in 2004] been revealed. We began to round up other
lawyers to work with us, but it was not an easy task ... And we
got plenty of hate mail, especially early on, for our representation
of the Guantanamo detainees."

The CCR took its case through the American court system, first
losing at the trial level and then at the district court before a
surprisingly positive ruling was handed down by the Supreme Court
(Rasul et al. vs. Bush) in June 2004. By a 6 to 3 vote the Court
decided that U.S. federal courts had jurisdiction to determine the
legality of prisoners held at Guantanamo, in effect restoring due
process and declaring the military commissions illegal. This ruling,
along with media revelations of the conditions at Abu Ghraib and
Guantanamo, forced the Bush administration onto the defensive
as the Pentagon and CIA moved to ameliorate some of its worst
"detention methods."

In October 2006, however, Congress passed the Military
Commissions Act (MCA), which essentially overrode the
Supreme Court decision as it restored power to the executive in
its empowerment of the commissions. All the previous claims —
virtually every one a violation of international law — were restored
through legislative action. Harsh methods of interrogation seemed
to be validated within the vague and slippery language of the
Act. More disturbing, the MCA gave the President authority to
reconfigure both Geneva III and the War Crimes Act of 1996,
presumably to give U.S. personnel immunity from prosecution
under international law, including for charges of torture. The MCA
received little attention in the American mainstream media. 34 In
June 2007, however, as discussed previously, a federal judge ruled
against the commissions on grounds they lacked jurisdiction over
prisoners of war — again refuting the Bush-Pentagon contention
that Guantanamo detainees were "unlawful combatants." Despite
this legal setback, the Pentagon vowed to push ahead with its
special prosecution of captives — a maneuver that further isolated
the U.S. from the global human rights community, until President
Obama issued an executive order in January 2009 closing down
3 (to be implemented within a year).

222 THE CRIMES OF EMPIRE

In the end, the torture regimen set in motion at Guantanamo was
counterproductive as well as illegal. Horrendous conditions and
practices rarely produced useful information to U.S. interrogators
fully convinced they could force valuable intelligence out of high-level
terrorists. Some released prisoners said they were questioned up to
200 times and subjected to a variety of harsh and cruel techniques —
beatings, stress methods, food and sleep deprivation, and so
forth — but any statements they furnished under such pressure were
typically worthless, either mundane or false. 35 By June 2004 only
three of a total of 650 prisoners were actually charged with a crime
and no one had yet been convicted. The White House and Pentagon
believed that, by assembling hundreds of Taliban and Al Qaeda
operatives at Guantanamo, enough intelligence could be gathered
to decisively give the U.S. an upper hand in the war on terror,
saving perhaps thousands of American lives. In spring 2004 General
Geoffrey Miller, a veteran of Abu Ghraib, was sent to Guantanamo
with the mission of pushing an aggressive interrogation regimen.
But little was ultimately gained: it turned out that few upper-echelon
fighters had been sent to Guantanamo and that, in any case, most
information gotten by means of torture was simply fabricated. As
Rose points out: "Multiple sources have confirmed that none of Al
Qaeda's known leadership has ever been held at Gitmo." 36 And the
supposed "confessions" and other responses, he added, uniformly
turned out to be false. 37

As of early 2009, fewer than 250 detainees were being housed at
Guantanamo, and their cases were being reviewed in anticipation
of the base closing. The Bush administration, as in its tenacious
pursuit of the Iraq war and occupation, remained stubborn in its
flagrant outlawry until the very end. The commissions, agencies of
sham justice subverting even military law, had come under intensified
opposition, much of it from Europe and even from within the U.S.
political and military establishment. Sadly, for several years a number
of American professions were seduced by this criminal enterprise,
tainting their credibility: law, medicine, and psychology above all.
Debates have raged within these professions. Doctors were involved
in medicating and drugging prisoners at various locations. Ratner
and Ray write: "It is terrible having the doctors play a part in this
... It smacks of what Nazi doctors did during World War II. It seems
the medical profession has an obligation to speak out, to say that no
doctor can ethically work with the people at Guantanamo." 38 Some
medical people did indeed speak out, but not enough to overturn
this sordid partnership. Many lawyers too denounced the entire

TORTURE AND OTHER ATROCITIES 223

Guantanamo arrangement, as did some psychologists who sought
to pass resolutions condemning illegal practices at their professional
conventions, but with only limited success.

Meanwhile, Guantanamo has shattered the lives of many
people — a good number of them probably innocent or guilty of
minor crimes — since late 2001. Hundreds have been essentially
kidnapped, kept in horrid conditions without due process, and
quite often tortured in some way. The prisons have done plenty
to generate more hatred of the U.S. while revealing once again
the outrageous degree of U.S. criminality. An American lawyer
who once sought to represent detainees and visited Guantanamo
remarked: "There seems to be a new world order, an acceptance
of utter illegality. You have all these wonderful treaties after World
War Two — the Geneva Conventions, bans on torture — and all of
them have been torn up. Effectively you are allowing ii
law to be n

ABU CHRAIB: CHAMBER OF HORRORS

The shocking criminal abuses of prisoners at the Abu Ghraib facility
outside of Baghdad first became known to the American (and world)
public in April 2004, when the TV program 60 Minutes II broke a
story with photographs detailing torture and humiliation of Iraqi
inmates during 2003. At about the same time Seymour Hersh wrote
an article for The New Yorker (May 10, 2004) reporting essentially
the same litany of abuses. 40 The astonishingly large number of acts,
spanning many different types of abuses, were said to be committed
by personnel of the 372nd Military Police Company, the CIA, and
other U.S. agencies. On the 60 Minutes program moderated by Dan
Rather, Brigadier General Mark Kimmit, then deputy director of
Coalition operations in Iraq, said: "I'd like to sit here and say that
these are the only prisoner abuse cases we are aware of but we know
that there have been some other ones since we've been here in Iraq."
Former Marine Lt. Col. Bill Cowan was also interviewed, admitting:
"We went into Iraq to stop things like this from happening, and
indeed here they are happening under our tutelage." 41

In reality the chamber of horrors at several Iraqi detention centers
during the U.S. occupation had already become widely known to
investigators — as had those in Afghanistan and Guantanamo.
Reports surfaced of widespread criminal mistreatment, lack
of due process, and harsh interrogation methods at least a year
before the 60 Minutes feature. Pentagon and CIA torture practices,

224 THE CRIMES OF EMPIRE

many of them carried out at secret locations, were hardly a secret
within the human rights community. Already in April-May 2003
the International Red Cross and other human rights groups were
complaining about U.S. mistreatment of Iraqi, Taliban, Al Qaeda,
and other detainees, many held incommunicado and/or without
charges being filed against them. As early as January 13, 2004, a
U.S. military policeman gave army investigators a computer disk
containing graphic photos of abuse at Abu Ghraib. Information
became available that torture and kindred abuses, some leading
to death, had been practiced routinely at four other prisons aside
from Abu Ghraib — abuses that most independent observers soon
identified as war crimes. A report (in April 2004) by Major General
Antonio Taguba concluded that Iraqi prisoners were subjected to
"sadistic, blatant, and wanton criminal abuses." 42 Interviewed
shortly thereafter, President Bush said the abuse was "abhorrent"
and "does not represent the America that I know," but he never
offered any apology nor did he move toward disciplining or
removing high-level military officers whose commands extended
to the detention centers in Iraq. 43

By May 2004 terrible reports, photos, videos, and witness
testimony regarding Abu Ghraib abuses continued to surface.
According to this accumulated evidence, dogs had attacked and
intimidated prisoners, naked prisoners were beaten and even shot
for misbehavior, poisonous snakes were set on prisoners, and groups
of naked detainees were forced into piles on the prison floor for
the amusement of guards. Indeed the list of horrors was seemingly
endless: pouring acid on captives, sodomizing prisoners with batons
and other items, urinating on detainees, tying ropes on prisoners'
legs and dragging them across the floor, jumping on detainees legs
and other body parts, constant taunting of prisoners, deprivation
of sleep and food, to name the most egregious. Many prisoners
died of the horrific treatment while perhaps others wanted to
die. According to the testimony of Ameen Saeed Al-Sheik, "They
said we will make you wish to die and it will not happen ... They
stripped me naked. One of them told me he would rape me ... and
makes me stand in a shameful position holding my buttocks." 44
Prisoners were hooded, shackled, and forced into stress positions as
part of regular procedures at U.S. -operated prisons, which housed
thousands of detainees. In some measure this abuse was a product
of harsh and coercive interrogation methods long practiced by the
CIA and the Pentagon; they were scarcely novel, except perhaps
for the scope. In 2004 a Red Cross investigation concluded that in

TORTURE AND OTHER ATROCITIES 225

military intelligence work at Abu Ghraib "methods of physical and
psychological coercion used by the interrogators appeared to be
part of the standard operating procedures by military intelligence
personnel to obtain confessions and extract information." 45 The
horrors inflicted at Abu Ghraib and elsewhere, however, more often
seemed unrelated to strict interrogation processes but rather fell
into the category of sadistic mistreatment and punishment. Thus in
August 2004 a military investigator reported that soldiers charged
with criminal activity said they were "joking around, having some
fun during the night shift." 46

The events at Abu Ghraib, of course, were ultimately just one
episode within the larger pattern of U.S. military occupation,
bringing several years of ongoing death and destruction to Iraq.
Indeed prison abuse formed a logical part of the general mosaic,
established in Washington and carried out with cruel rationality
in the field where U.S. troops were perpetually surrounded by
"enemies" viewed as terrorists and ordinary criminals. The
atmosphere was pervasive: not only detention centers but homes,
checkpoints, urban neighborhoods, and roadways became arenas
of armed contestation, including arrests, beatings, home invasions,
shootings, bombings, and massacres carried out routinely. Reports
that U.S. military leaders ordered routine beatings of Iraqis were
increasingly common from 2003 onward. Troops were ordered to
"crank up the violence level" in the struggle to quell insurgency — all
methods justified by an implacably evil opponent. Marine Corporal
Saul Lopezromo said the general combat atmosphere permitted
beatings, torture, and killings at random, both in and out of the
prisons. Following a procedure called "dead-checking," moreover,
it had become almost de rigueur for American troops to simply go
ahead and kill the wounded according to the maxim "if somebody
is worth shooting once, they're worth shooting twice." 47 Such
atrocities were rarely covered by the press, suggesting an indifference
born of a mixture of arrogance and adaptation to routine. Here the
media and public outrage over torture at Abu Ghraib represents a
departure from the norm.

At Abu Ghraib, although investigations revealed that abuses
took place in a context of orders from above, media and political
focus settled on lower-level military guards at the site — those
who acknowledged guilt in most cases but who uniformly said
they were following commands to "soften up" and otherwise
intimidate prisoners, at least partly to gain intelligence. It was these
lower-level personnel, moreover, who would receive the brunt of

226 THE CRIMES OF EMPIRE

the punishment. One such guard was Specialist Charles Graner,
considered a ringleader at Abu Ghraib, who had become a bible-
thumping superpatriot after 9/11 and was a veteran of the 1991
Gulf War. Graner habitually left biblical scriptures engraved in his
front yard at home in Pennsylvania. Described as a wonderful dad
and husband by friends, Graner was viewed as "just an all-around
good kid" by his fellow soldiers, another gung-ho patriot. Once
back in Iraq, however, Graner's sadistic side apparently surfaced
full-force as reports indicated that he loved to punch detainees
and had a special preference for stacking up and taunting naked
Iraqis. 48 In the end Graner was found guilty, in January 2005, on
several counts: conspiracy to maltreat detainees, failing to protect
prisoners from abuse, and cruelty as well as assault, indecency,
adultery, and obstruction of justice. He was sentenced to ten years
in federal prison.

Another instigator of the Abu Ghraib horrors was Pfc. Lynndie
England, not quite as religious or superpatriotic as Graner but
equally zealous in carrying out the mayhem. When first interviewed
she was rather flippant, suggesting that the actions in question
were "basically just us fooling around" and that "we thought it
looked funny, so pictures were taken. " Ultimately both England and
Graner told investigators they were following orders to "soften up"
prisoners. Convicted (in September 2005) of conspiracy, mistreating
detainees, and an indecent act, England faced a ten-year sentence
but was given three years and a dishonorable discharge. Other
lower-level soldiers convicted included Sgt. Michael Smith (several
charges), sentenced in March 2006 to 179 days in prison and a
bad-conduct discharge; Sgt. Santos Cardona (assault and dereliction
of duty), sentenced to 90 days hard labor and then transferred and
promoted; Specialist Jeremy Sivits (several charges), sentenced in
May 2004 to one year with a bad-conduct discharge; Sgt. Javal Davis
(battery, dereliction of duty, making false statements), sentenced in
February 2005 to six months with a bad-conduct discharge; Sgt.
Ivan Frederick (several charges), sentenced in October 2004 to eight
years and a dishonorable discharge; Specialist Sabrina Harman
(several charges), sentenced in May 2005 to six months with a
bad-conduct discharge. A few others involved in the abuses received
lesser punishment while some (for example Corporal Joshua Lee
Betts) were cleared of all charges owing to insufficient evidence. 49

What then of the higher-level military officers in charge of
operations in Iraq? What of the larger chain of command going all
the way to Washington? As mentioned, both Graner and England —

TORTURE AND OTHER ATROCITIES 227

along with several others convicted at Abu Ghraib — said they were
essentially following orders. In fact military reports indicated that
Colonel Thomas Pappas, commander of an intelligence unit at
Abu Ghraib, and Lt. Col. Steven Jordan bore serious responsibil-
ity for the abuses but were "not directly involved" and therefore
would not be prosecuted. Pappas was eventually relieved of his
command in May 2005 after receiving non-judicial punishment
for dereliction of duty (such as allowing dogs to be present during
interrogations) and a reprimand that effectively ended his military
career. Lt. Col. Jordan was the highest-ranking army officer to face
charges — twelve in all, with eight of them dismissed — but in August
2007 he was acquitted and received only a reprimand for disobeying
an order not to publicly discuss the prisoner-abuse investigations.
Brigadier General Janis Karpinski, Abu Ghraib commandant during
2003-04, was removed from her position and demoted to colonel
in May 2005, ending her chances of further career advancement.
Both Karpinski and Pappas indicated that authority for the abuses
came from General Ricardo Sanchez, the U.S. commander in Iraq
at the time, and that those convicted were being used as scapegoats
for policies that at least informally had encouraged harsh treatment
to get information regarding the insurgency. These allegations were
naturally denied by General Sanchez as well as by General Geoffrey
Miller, in charge of all U.S. detention facilities, who said (quite
rightly) that no official statements or memos traceable to prison
abuses could ever be located. Neither General Sanchez nor General
Miller was allowed to retire on the best terms, but at the same time
they were given no punishment.

Karpinski and Pappas were obviously right in their contention,
as were soldiers who said they were just following orders: as
we have seen, torture and other forms of prisoner abuse had in
fact become a staple of Pentagon and CIA detention programs,
intensified after 9/11, while extraordinary methods (including what
is generally considered torture) were justified at the highest levels of
government and military. We have also seen how widespread abuses
were practiced and defended at Guantanamo, in Afghanistan,
and other locations where prisoners in the "war on terrorism"
were held. In this charged environment it would be preposterous
not to view the crimes at Abu Ghraib as part of a larger agenda
congruent with the war on terrorism. It might well be that operatives
involved in prison abuses were poorly trained and over-stressed,
or were inadequately informed of Geneva III provisions, but that
hardly furnishes a thorough view of the larger picture. A Human

228 THE CRIMES OF EMPIRE

Rights Watch report in April 2005 described Abu Ghraib as simply
one facet of a much larger operation. According to HRW special
counsel Reed Brody: "Abu Ghraib was only the tip of the iceberg.
It's now clear that abuse of detainees has happened all over — from
Afghanistan to Guantanamo Bay to a lot of third-world dungeons
where the United States has sent prisoners. And probably quite a
few other places we don't even know about." Brody added that, in
the case of General Sanchez in Iraq, the fact widespread criminal
activities went on directly under his command and he failed to halt
them makes him legally culpable. 50 In the end, not surprisingly, the
higher-echelon figures — from Sanchez to Rumsfeld, Gonzales, and
Bush — were given the full benefit of the doubt and spared genuine
legal, media, and political scrutiny.

Documents obtained by the American Civil Liberties Union
(ACLU) and some media outlets reveal that General Sanchez did
in fact authorize use of military dogs, temperature extremes, and
sensory deprivation as part of ongoing interrogation methods at
Abu Ghraib, apparently validating claims that guards were just
following orders. 51 According to Karpinski, such orders went all
the way up to Secretary Rumsfeld — a clear violation of Geneva
III and the Torture Convention, if true. Predictably, both Sanchez
and Rumsfeld denied such charges. But Rumsfeld at least accepted
responsibility, saying he felt terrible about mistreatment of detainees
and emphasizing "it was un-American [and] inconsistent with the
values of our nation." His main complaint (on May 7, 2004) seemed
to be elsewhere, however: "We're functioning in a ... wartime
situation, in the information age, where people are running around
with digital cameras and taking these unbelievable photographs and
then passing them off, against the law, to the media, to our surprise,
when they [the photos] had not even arrived at the Pentagon." 52
In any event, efforts to depict U.S. torture and other abuses as an
aberration, as "un-American" as the product of a few out-of-control
sadistic prison guards, could not be sustained given the broader
context: policies formulated in Washington, similar practices carried
out elsewhere, and the fierce hostility toward Iraqis generated by
the occupation. The prolonged and effective insurgency, rooted in
an urban-based guerrilla campaign, obviously caught the U.S. war
planners off guard, giving rise to desperate military attempts (with
limited troops) to crush the opposition with harsh methods. No
one should be astonished to find that such methods would include
the kinds of abuses prevalent at Abu Ghraib.

TORTURE AND OTHER ATROCITIES 229

In the end, moral outrage over the Abu Ghraib events did not
seem to reverberate very deeply across the political culture or within
the military establishment. The general outlook appeared to be that
the abuses were isolated, at odds with American traditions, and,
however shocking, clearly understandable in the epic struggle to
defeat the plague of terrorism. A common response was to minimize
or deflect attention from the events. Thus Senator James Inhofe
(R-Oklahoma), a leading member of the Senate Armed Services
Committee, mocked the idea that the abuses deserved outrage:
"I'm probably not the only one up at this table more outraged by
the outrage than we are by the treatment [because they] are not
there for traffic violations ... They're murderers, they're terrorists,
they're insurgents. Many of them probably have American blood
on their hands. And here we're so concerned about the treatment
of those individuals." 53 Said radio host Rush Limbaugh, whose
audience numbers several million: "This is not different than what
happens at the Skull and Bones initiation and we're going to ruin
people's lives over it and we're going to hamper our military effort,
and then we are going to really hammer them because they had a
good time. You know, these people are being fired at every day. I'm
talking about people having a good time, these people, you ever
heard of emotional release?" 54 Fouad Ajami, director of Middle
East Studies at Johns Hopkins, commented that most of the anger
over Abu Ghraib was "contrived anger" outside Iraq — most of
it coming from people who never uttered a word about Saddam
Hussein's atrocities. 55 As for the Pentagon, it spoke loudly when, in
summer 2006, General Miller — supervisor of detainee operations
at Guantanamo and Abu Ghraib — was allowed to retire without
facing disciplinary action of any sort. On the contrary, Miller was
awarded a Distinguished Service Medal and praised by Rumsfeld
for an outstanding career at the very time HRW said he should be
hiring lawyers for his defense rather than getting military awards.

In the documentary Ghosts of Abu Ghraib (2007), Rory Kennedy's
interviews with participants in the events revealed a similar
willingness to downplay or even justify the mistreatment. One or two
of the guards expressed some contrition, as did Karpinski who, as in
the case of others on the scene, framed the problem in more general
terms: soldiers, fearful, stressed out, and vengeful were turned into
robots simply following orders, or at least what they believed were
expectations in a difficult war to defeat terrorists. Most interviewees
justified the horrors which, regrettably, were unavoidable in dealing
with a large assemblage of ruthless criminals bent on mayhem and

230 THE CRIMES OF EMPIRE

violence. Others responded that the prison activities in question
were simply a matter of business-as-usual, of troops behaving as
might be expected in a frenzied combat situation; no moral criteria
entered the picture. The fact that so many detainees were stripped
naked, sexually intimidated or violated, beaten, hooded, shackled,
handcuffed, and forced into stress positions — not to mention sleep-
deprived — provoked little if any outrage at the scene. One of those
convicted, Specialist Sabrina Harman, spoke at length about the
atrocities as if she were describing a movie or tennis match: it was
all in a day's work, nothing special. Photographed laughing next
to an Iraqi corpse, she was totally unapologetic, explaining that
she always liked to smile for photos. Another participant revealed
that any soldiers publicly critical of the atrocities at the time — there
were a few — had to be quickly sent back to the States before they
too wound up as casualties. A few commentators argued that the
events of Abu Ghraib could be traced back to a certain darkness in
human nature which, if true, would at least morally exonerate those
Americans culpable of war crimes. What emerged from Ghosts of
Abu Ghraib was a bleak and depressing picture of military behavior,
where moral and legal restraints had essentially vanished.

Media revelations of what took place at Abu Ghraib — as well
as other U.S. -run detention centers — gave rise to a series of inves-
tigations, including one authored (in summer 2004) by Generals
George R. Fay and Anthony R. Jones, which recommended charges
against 41 people assigned to Abu Ghraib at the time of the
abuses. A report by General Antonio M. Taguba (February 2004)
identified command failures and wrongdoing by several military-
police troops. Yet another investigation led by Lt. General Paul T.
Mikolashek, army Inspector General, concluded that the problem
was one of a breakdown of military procedures and that the abuses
were "aberrations from the norm." These and later inquiries were
internal — that is, conducted by the military itself — leaving only
to outright speculation what an independent report might have
found. Such investigations wound up sidestepping what had become
obvious: the prison abuses in Iraq (and elsewhere) were systemic and
far-reaching, going all the way to the top military and government
leadership in Washington, symbolizing in many ways the general
horrors of U.S. intervention in Iraq.

A subsequent episode of the protracted Abu Ghraib saga came
in late 2007 with the farcical trial of Lt. Col. Steven Jordan, the
highest-ranking officer actually living at the prison in 2003 and
commonly referred to as the "mayor of Abu Ghraib." Since Jordan

TORTURE AND OTHER ATROCITIES 231

had effective oversight of all activities at the detention center, he
was someone who ought to have been held fully accountable for
the atrocities — and indeed he was the only officer the army decided
to bring to court martial. He was charged with several counts of
prisoner abuse but these charges were dropped as the prosecution
opted instead to pursue a count of disobeying superior orders
during the Abu Ghraib investigations that could have meant five
years in prison. Found guilty, Jordan ultimately received only a
mild reprimand and the conviction was eventually erased from his
military record. 56

Throughout his trial Jordan was treated with great courtesy, even
by prosecutors, as the proceedings appeared set up to diminish the
gravity of what had taken place at Abu Ghraib. Jordan's role in the
events was deliberately made ambiguous, as if the superior officer
had little knowledge of what was happening in his domain. 57 The
defense team argued that the defendant was completely oblivious
to the abuse which, in fact, had become increasingly routine by
fall 2003. Investigations by General Taguba and others revealed
that Colonel Jordan was responsible for ensuring that interrogation
techniques would facilitate the "flow of data." According to one
testimony, by Sgt. Sam Provance: "Col. Jordan and Capt. [Carolyn]
Wood were the people running the show. They would be together.
They would be like mom and dad. You had this feeling of family
there. Everyone was so friendly and loving." 58 Why the army
decided to let Jordan off with just a token punishment is difficult
to fathom, and has never been adequately explained. One possibility
is the sickening ethos of denial surrounding the Abu Ghraib events.
Another is the willingness of people within the military culture to
come to the defense of a colleague seen, in the final analysis, as just a
good soldier doing the best job he could under trying circumstances.
Testifying on Jordan's behalf, Colonel Robert Norton said: "He's
a man I'd go to war with in a heartbeat. He was a team player."
Also singing the praises of Jordan as just another hard-working
army officer were representatives of Northrop-Grumman, ITT,
General Dynamics, and other military contractors ready to protect
a compatriot in the business of extending U.S. imperial power.

In summer 2007 a report of the International Committee of
the Red Cross (finally revealed in early 2009) concluded that
treatment of prisoners at the hands of the Bush administration
involved repeated practices of cruel and degrading treatment — that
is, "torture." The report was based on extensive interviews with
U.S. detainees at Guantanamo and elsewhere, including infamous

232 THE CRIMES OF EMPIRE

"black site" CIA locations. The brutality included beatings,
people being slammed into walls, waterboarding, and exposure
to extremes of heat and cold. In December 2008 the U.S. Senate
issued a bipartisan report concluding that decisions made at the top
of the chain of command — citing Secretary of Defense Rumsfeld in
particular — were a "direct cause" of detainee abuses at Abu Ghraib,
Guantanamo, and elsewhere. The Bush administration was blamed
for creating a legal and moral climate in which sustained abuses,
including physical pressures and mental degradation, could take
place. This report, based on an 18 -month investigation in which
thousands of documents were reviewed and 70 people interviewed,
went against the standard conclusions reached by most earlier
internal military reports that rejected systemic interpretations while
exculpating higher-echelon officials.

MERCENARYTERRORISM

The kind of atrocities committed at Guantanamo and Abu Ghraib,
as previously in Vietnam, are no longer restricted to military units:
the past two decades have seen the rapid growth of corporate
warriors — referred to as Professional Military Corporations
(PMCs) — that came into vogue with the Bush administration and
its emphasis on a "Revolution in Military Affairs" (RMA). These
"private soldiers," mostly highly paid support operatives, have
come to perform a wide range of battlefield, security, and "recon-
struction" activities at a time when the Pentagon has encountered
ongoing recruitment crises. Now a $100 billion a year industry,
PMCs like MPRI, DynCorp, Blackwater, and KBR draw from
experienced combat veterans around the world to provide vital
military and other skills. Over time the PMCs have developed a
strong interest in war, in promoting aggressive military policies, and
in pursuing combat ventures wherever U.S. geopolitical interests
dictate. Their militarism stems from a mixture of profit-making
and patriotism, infused with a love of battlefield combat. A major
problem with PMCs, however, is their near-total immunity from
legal sanctions in the countries where they operate — to some extent,
indeed, from international rules of engagement. As of late 2008
there were an estimated 100,000 private warriors in Iraq alone
(with some projections even higher), hired by the very companies
involved at Abu Ghraib and other detention centers. Critics label the
PMCs an outlaw force beholden to no domestic or global authority.

TORTURE AND OTHER ATROCITIES 233

In September 2007 guards employed by the security corporation
Blackwater USA were accused of shooting to death 17 Iraqi civilians
while protecting a State Department motorcade in Baghdad.
Angered Iraqi officials immediately moved to cancel Blackwater's
license to operate in the country — the first effort of a government
compromised by occupation to assert itself against foreign security
contractors long accused of outlaw behavior in the streets of Baghdad
and other cities. (Within a few days, of course, the license was
reaffirmed.) Since 2003 the PMCs, crucial to the U.S. agenda in Iraq,
had been subordinate only to their State Department employers,
who gave them virtually free rein. The Iraq national security adviser,
Mowaffak Rubale, said his government should use the September
2007 episode to begin overhauling private security guards' immunity
from Iraqi jurisdiction, granted by Coalition Provisional Authority
head L. Paul Bremer III in 2003 and later extended — a measure
called CPA Order 17, passed outside any democratic process. While
many Iraqis demanded that the Blackwater operatives be held legally
accountable for murder, there were no procedures in place to do
so. In fact the PMCs were not even subject to Universal Code of
Military Justice rules, in Iraq or anywhere else. 59

The September 2007 incident was only one of many where private
security contractors employed by the U.S. shot and killed Iraqi
civilians. Despite reports of these and other atrocities, including
torture, no PMC employee was ever prosecuted in the U.S. or Iraq,
although they are theoretically accountable to American domestic
laws. Witnesses said 13 people were wounded along with the 17
killed when the security convoy came speeding by Nisoor Square
at the edge of the Mansour district in western Baghdad. Although
U.S. Embassy and Blackwater officials claimed the convoy had
come under fire, Iraqi witnesses at the scene reported that no
one had attacked the convoy. 60 Blackwater said their personnel
were simply returning fire, part of a defensive response. Based
in Moyock, New Jersey, and founded by a former Navy SEAL,
Blackwater as of late 2008 hired nearly a thousand people in Iraq,
being praised by the Pentagon as a vital partner of the U.S. military.
The September 2007 killings were investigated by the Iraq Interior
Ministry, which concluded that the armed guards fired on civilians
without provocation. Yet the U.S. Embassy almost immediately
agreed to allow Blackwater to resume its work, thumbing its nose
at domestic authorities that, in any case, have no leverage in dealing
with military occupation forces. In the aftermath of the incident
Secretary of State Condoleezza Rice quickly defended Blackwater,

234 THE CRIMES OF EMPIRE

saying "we have needed and received the protection of Blackwater
for a number of years now." 61

The State Department contended that Blackwater and other
PMCs do not require a license from the Iraqi government to perform
their security functions since their contracts are authorized directly
by U.S. officials — a peculiar notion for those claiming to bring
democracy to Iraq. Even American officials, however, admitted
that previous PMC misdeeds in Iraq had been swept under the
rug; there was never any criminal liability. "It's one of the big holes
we've had in our policy, the lack of control, the lack of supervision
over the security force," according to one U.S. diplomat in the field.
"No one took on the responsibility of policing these units — neither
the military nor the Regional Security Office [of the Embassy].
So many people, not just the Blackwater people, are there in
Baghdad unsupervised with basically diplomatic immunity." 62
PMC operations in Iraq were described as "carte blanche," as in
the Wild West, with armed mercenaries roaming the land freely.
(Whether the term "mercenary" fits the PMCs is problematic insofar
as few, if any, of the operatives are paid combat soldiers; they are
support personnel.) The diplomat said that incident reports were a
whitewash, and nobody did anything about them, adding that in
a few cases Blackwater and other corporations fired workers for
killing civilians, but those same workers could be back in Iraq with
another firm in a few months, part of a "revolving door." Observed
one security contractor quoted by the Los Angeles Times: "They are
all untouchable. They've shot up other private security contractors,
Iraqi military police, and civilians, often pushing themselves through
crowded urban streets in the process." 63 The vast majority of these
incidents went entirely unreported.

There is actually nothing new about U.S. reliance on corporate-
funded mercenaries — the Pentagon, State Department, and CIA
have employed some variant of PMCs for many years — but since
the early 1990s their rapid growth in the field has deeply influenced
military operations. Since 1994 the Pentagon alone has entered into
3600 contracts with twelve U.S. companies worth more than $300
billion. 64 One great advantage of PMCs over regular military units
is loosened oversight and regulations, allowing for greater secrecy
and latitude in dealing with rules of engagement. Since their work
is often depicted as "humanitarian," the PMCs usually receive less
political fallout when things go wrong — although revelations of the
2007 Blackwater atrocities in Iraq augured something of a change
in this. 65 (By January 2009, in fact, Blackwater's license to operate

TORTURE AND OTHER ATROCITIES 235

in Iraq had been revoked.) In Saudi Arabia, MPRI, Vinnell, and
DynCorp have trained security forces well known for their use of
torture. Based in Falls Church, Virginia, DynCorp International has
worked closely with the U.S. military in Afghanistan, Iraq, Bolivia,
Bosnia, Somalia, Haiti, Colombia, Kosovo, and Kuwait, where it
trains local police and military forces. In Colombia it helped the
army eradicate coca crops and crush rebellions, often taking on
direct combat roles. In most cases the PMCs had no legal standing
but were highly potent armed units ready for action. 66

As for DynCorp, which receives 96 percent of its two billion
dollars annual revenue from the federal government, its employees
have been implicated in the trafficking of women and children in
Bosnia during the late 1990s, although no one ever faced criminal
sanctions. In Afghanistan the firm has come under heavy criticism
for aggressive tactics in its training and oversight of local police
forces. 67 The situation in Iraq, predictably, has been even worse.
In September 2005 General Karl Horst, deputy commander of the
Third Infantry Division, complaining about DynCorp and other
PMCs, said: "These guys run loose in this country and do stupid
stuff. There's no authority over them, so you can't come down
hard on them when they escalate force ... They shoot people, and
someone else has to deal with the aftermath. It happens all over
the place." 68

In May 2007 the ACLU filed suit against a Boeing Company
subsidiary accused of facilitating CIA programs involving torture
and other abuses. Since 2001 Jeppeson Dataplan, Inc., of San
Jose, was reported to have provided services to the CIA for its
"extraordinary rendition" programs scattered across numerous
locations. According to the suit filed by three plaintiffs, the firm
assisted the CIA in carrying out more than 70 rendition activities,
based on investigations conducted in Spain, Sweden, Italy, and
Pakistan. The company was said to be involved in extracting
"confessions" as part of the war on terrorism. The ACLU went
to court under the Alien Tort Claims Act of 1789, which allows
foreigners to file suits in U.S. courts for human rights violations. 69
In February 2009, however, the Obama administration urged the
Federal Court of Appeals to throw out the lawsuit, invoking the
infamous "state secrets" privilege that Bush had repeatedly used,
insisting that all CIA programs should be kept secret as a matter
of "national security."

In the case of Blackwater, its fortunes skyrocketed in the wake
of 9/11, the war on terrorism, and the U.S. invasion of Iraq, giving

236 THE CRIMES OF EMPIRE

rise to a reinforced "Praetorian Guard" presence in the Middle East
and beyond. According to Jeremy Scahill, PMCs like Blackwater
represent a dramatic new phase in Pentagon evolution where
"privatization" and outsourcing of military activity permit greater
strategic flexibility along with lessened political and legal account-
ability — not to mention enhanced corporate profits. 70 Thus: "With
almost no public debates, the Bush administration has outsourced
to the private sector many of the functions historically handled
by the military." 71 And: "Private forces are almost a necessity
for a United States bent on retaining its declining empire." 72 In a
context of military occupation as in Iraq, moreover, Blackwater
and kindred contractors have provided crucial infrastructural and
security functions, allowing the military to concentrate on combat
operations, as the PMCs escape institutional and legal accountabil-
ity. Since they are outside the law, operatives working for private
contractors can often get away with all manner of anti-social
behavior and human rights violations leading up to torture and
murder. According to Scahill, Iraq witnessed a wave of abductions,
torture, and killings at the hands of PMC operatives similar to the
U.S. -sponsored death-squad horrors in Central America during the
1980s. By late 2006, when an average of nearly 1000 Iraqis were
being killed every week, "the big-picture reality was that the country
was quickly becoming the global epicenter of privatized warfare
with scores of heavily-armed groups of various loyalties and agendas
roaming Iraq." 73 In this setting it is hardly surprising to find PMC
groups described as Storm Troopers, in this case possessing their
own private aircraft, vehicles, weapons caches, and communications
systems. Of course the people who run the PMCs see their work
differently, as a vehicle of peace, democracy, and stability.

In February 2007, to cite another flagrant instance of PMC
mayhem, a sniper killed three guards outside the state-run Iraqi
Media Network office in Baghdad. An investigation quickly revealed
that Blackwater was guilty, but no one was ever charged much less
convicted of what was an attack on a news outlet considered less
than friendly to the U.S. occupation. Everything was kept silent
behind a great wall of secrecy. One American official even conceded:
"Because they [contractors] are security, everything was a big secret.
They draw the wagon circle. They protect each other." 74 There
are massive efforts to protect the guilty, who already benefit from
an immunity shield, answering (in the case of Blackwater) only
to the U.S. Embassy security staff. Added one Iraqi government
official: "They don't have car licenses. They don't have any names.

TORTURE AND OTHER ATROCITIES 237

Nobody knows who they are. If they are asked anyway, they bully
people." 75 Another Iraqi official referred to the PMC operatives,
quite appropriately, as nothing but a pack of criminals.

The U.S. government does not count PMC workers as soldiers
and therefore does not count those killed while on duty as part of
overall casualty statistics, allowing this significant part of military
engagement to be hidden from view. It is generally believed,
moreover, that "privatization" augments the corporate potential
for war-making profits. And since PMCs function mostly outside
any system of legality, their capacity to commit atrocities of the
sort attributed to Blackwater in September 2007 is heightened.
Rules of engagement are thrown to the wind. It is for this and
other reasons that such contracting work was declared illegal by the
Geneva Conventions. At the same time, the oft-heard argument that
PMCs constitute a fundamental remaking of the U.S. war machine
or allow for a renovated combat force seems far-fetched. After all,
the familiar military-industrial complex has always been just that,
a tight, ever-expanding partnership between the Pentagon and huge
corporations with consistently high profits accruing to dozens of
major contractors. Viewed thusly, "privatization" hardly suggests a
radical departure from the past but rather a different arrangement
of priorities within the larger war machine. As for U.S. personnel
in the field, while military forces are indeed subject to more rigid
formal controls than workers at the PMCs, their record of war
crimes and human rights abuses has nonetheless far exceeded that
of the private contractors, even in Iraq. The PMCs, which have
actually been deployed for decades, must therefore be seen as just
an augmented extension of Pentagon operations instead of some
new out-of-control n

OUTLAWRY AND DENIAL

What generalizations, then, can be set forth about the U.S. legacy
of atrocities (including torture) of the kind explored in this chapter?
What are the historical circumstances surrounding American global
outlawry? We have already seen how practices of illegal detention,
murder, assassination, torture, and myriad human rights abuses
are neither isolated nor particularly novel but fit a longstanding
pattern of behavior geared to imperial ambitions going back long
before the Bush administration. Barbarism is not the product of
mistakes or deviations from supposedly exemplary professional
norms, much less the evil machinations of a few sadistic thugs. Such

238 THE CRIMES OF EMPIRE

outlaw behavior perfectly coincides with U.S. imperial objectives
that only became more aggressive with the rise of Bush and the
neocons. We have seen how national exceptionalism, demonization
of foreign targets, growth of military violence, and spread of U.S.
global power have fed this logic. In the present context, it is easy
enough to see how media and political stereotyping of Arabs and
Muslims enters into American efforts to control, pacify, and remake
the Middle East to suit its own economic and geopolitical ends.

At this historical conjuncture it is undeniably true that brutal
practices have been carried out by ordinary soldiers and others
driven by a combination of social and psychological forces — fear,
conformity, revenge, egoism, hatred of the "enemy." Sadism too
enters the picture, but in its absence the legacy of American battlefield
crimes would surely be little different. On the other hand, the larger
historical pattern suggests that moral and legal responsibility for
the outlawry must extend all the way to the top leadership in the
Pentagon and White House. We have seen how, in the contemporary
situation, practices such as torture have been officially endorsed — or
simply ignored — at the commanding heights in Washington, while
the CIA is known to have carried out "extraordinary rendition"
programs for decades. This means that military commanders in the
field, their superiors at the Pentagon, and civilian leaders up to the
President could be, indeed should be, held accountable for war crimes
under provisions of international law and even the War Crimes Act
of 1996. According to Nuremberg precedent, senior officials in
the chain of command are to be prosecuted for criminal activity
that takes place under their authority. In the case of Iraq, however,
only lower-level soldiers at Abu Ghraib and elsewhere have been
criminally prosecuted and punished; their military and government
leaders, responsible for setting the broader agendas, have gotten off
unscathed. The same can be said for every U.S. -initiated war in which
battlefield atrocities are known to have taken place.

Further, despite a constant flow of rhetoric about human rights
and "rule of law," Washington has shown relatively little interest
in upholding basic principles of international law throughout
the postwar years. As for the order of atrocities discussed in the
present chapter, we have seen how the Bush administration not only
escaped culpability but deliberately chose policies in direct conflict
with international rules and norms. Constraints on action have
been resisted at every turn, while secrecy, lies, and cover-ups have
been the norm. Investigations into wrongdoing have been mostly
internal affairs, with the Pentagon typically probing (and policing)

TORTURE AND OTHER ATROCITIES 239

its own domain. Penalties for violations have been shockingly
few and mild, as detailed above, reflecting a pattern visible in
Vietnam and elsewhere. No independent tribunals were ever set
up. Meanwhile, Bush was until the end reluctant to abandon harsh
and cruel "rendition" techniques long practiced by the CIA (and the
Pentagon) and known to be illegal. For example, when the Senate in
late 2005 passed a measure prohibiting the U.S. from using "cruel,
inhumane, or degrading treatment" on any detainee, anywhere in
the world, Bush, threatening a veto, managed to get CIA exemption.
Later, in July 2007, Bush signed an executive order clearing the
way for the CIA to continue its harsh interrogation methods, thus
enabling the intelligence agency to operate according to special rules
outside both domestic and international law. And Bush maintained
his stance that "foreign terrorists" are not entitled to basic rights
under the Geneva Conventions.

General outrage in the U.S. at revelations of torture and other
abuses at Guantanamo and Abu Ghraib have been mostly episodic
and muted, following the established discourse that such behavior is
isolated and marginal, the product of a few renegade thugs. There
is a pervasive mood in American society that "excesses" like torture
might well be justified in fighting the war on terrorism. Not only
law professors such as John Woo and Alan Dershowitz have argued
as much, so too have editorials in leading newspapers like the Wall
Street Journal. Taking a cue from Dershowitz, Mirko Bagaric and
Julie Clark insist in their 2007 book Torture that such practices
are not only permissible but obligatory where harsh treatment of
"wrongdoers" might end up saving innocent lives. They argue:
"Given the choice between inflicting a relatively small level of harm
on a wrongdoer and saving an innocent person, it is verging on
moral indecency to prefer the interests of the wrongdoer." They
add: "It is indefensible to suggest that there should be any absolute
ban on torture." 76 The atrocities explored in this chapter, however,
go far beyond the limited examples that Bagaric and Clark have in
mind, and the focus easily surpasses the question of information
that might be gained by means of harsh and cruel "rendition."
Further, the very social composition of "wrongdoers" in specific
circumstances — for example, the U.S. in Iraq — will likely be just
the reverse of what the authors glibly presume.

In the U.S., at least, both media and political culture have long
been in a state of denial regarding the historical and systematic
character of American outlaw behavior that has resurfaced in Iraq,
Afghanistan, and Guantanamo. The issue of torture has never

240 THE CRIMES OF EMPIRE

received anything resembling a full public airing much less thorough
legal investigation within the framework of an independent tribunal.
It has been more business-as-usual for an imperial power whose
leaders (and supporters) believe they can set their own rules while
engaging in criminal behavior with impunity — fitting the special
claims of a great and noble superpower. The dominant belief appears
to be that a nation embracing such enlightened goals as democracy,
freedom, human rights, and peace ought to be granted broad
latitude in its conduct of foreign and military policy, indeed that it
should be exempt from precedents and norms routinely applied to
other nations. Surveys reveal that more than half of all Americans
are prepared to accept torture when it is used against designated
enemies — that is, against those already demonized in the media as the
"wrongdoers" mentioned above. That "humane treatment" ought
to be extended to "terrorists" and kindred villains is frequently
ridiculed in the media, especially in prevalently right-wing talk
radio. Aside from lawyers and academics, other professionals
have sometimes been complicit in an outlaw agenda — for example,
psychologists assisting the military in refining its harsh interrogation
techniques. 77 In the wake of the Abu Ghraib revelations, it is true,
the media and politicians came forth to protest U.S. behavior, but
their concerns revolved less around moral revulsion than fears the
behavior would be counterproductive to American interests: it could
hurt the U.S. "image" abroad and possibly lead to similar cruel
treatment of U.S. captives.

In the end, while torture and related forms of violence might
be counterproductive to some U.S. military agendas, they are best
viewed as endemic to the far-reaching imperial operations of the
permanent war economy and security state. As the pattern continues,
however, the willful and often brazen use of torture reveals a wealth
of insights into the modus operandi of an imperial power reluctant
to concede limits to its geopolitical aims and international behavior.
Integral to a sprawling Leviathan that stands outside all legality,
such practices not only recall those of historical fascism but could
signify revival of that ideology as the U.S. accelerates its pursuit of
global supremacy.

Conclusion: Empire or Survival?

While the ideal of an orderly and peaceful international society
grounded in universal norms goes back several centuries, efforts to
forge a coherent legal framework — where, among other things, laws
of warfare could be agreed upon and codified — began in earnest
little more than a century ago. The Hague Conventions of 1899
and 1907 represented a major, though still partial, breakthrough on
this terrain. The horrors of World War II, leading to the Nuremberg
and Tokyo tribunals, the U.N. Charter, the Universal Declaration
of Human Rights, and the 1948 Geneva Convention, gave new
impetus to a system of international law that, it was hoped, would
at the very least curtail the worst excesses of modern warfare. As we
have seen, a new moral Zeitgeist evolved, its main premises being
the equal standing of all sovereign nations, the principle of national
self-determination, and the outlawing of military force except in
cases of national self-defense. A new legal order would identify
and punish war crimes, crimes against humanity, and human rights
abuses while blocking the spread of weapons of mass destruction
and, in time, the militarization of outer space. With the nuclear
onslaught at Hiroshima and Nagasaki still in clear memory, world
leaders were anxious to short-circuit possible doomsday scenarios.
This Zeitgeist was upheld not only by the U.N. Charter and Geneva
statutes but by a series of postwar multinational treaties, the work of
Amnesty International and Human Rights Watch, and eventually by
the Rome Statutes that gave rise to the International Criminal Court,
the first truly independent global tribunal. Indispensable to hopes
for a lawful global order were the normative ideals of universality
and reciprocity, meaning that no state — regardless of its power and
wealth — should be permitted to stand outside the legal consensus.
This postwar order, however, never achieved more than a partial,
conflicted outcome in an era of international politics marked by
deep conflicts endemic to the world system; the Zeitgeist failed
to take hold. The promise of a binding legal framework, despite
momentary breakthroughs, met with increasing defeat and futility.
Over the past few decades the world has descended into a morass of
lawlessness that, should it persist or worsen, could threaten future
human survival. It would be tempting to identify the problem as

242 THE CRIMES OF EMPIRE

that of an amorphous, general drift toward Hobbesian chaos and
violence — the result of "globalizing," systemic forces at work
beyond the control of any specific economic interests or political
actors. The main thrust of this book, however, points consistently in
another direction: the outlaw behavior of a militaristic United States
bent on global domination. Superpower ambitions have inevitably
clashed with the requirements of a lawful and peaceful world order,
whatever high-sounding rhetoric Washington might invoke to justify
its imperial projects. The militaristic outlook that actually governs
U.S. foreign policy undermines both national and global constraints
needed for the advent of genuine internationalism. While many
prefer to think that present-day American lawlessness departs
radically from the past, as reflected in the Bush Doctrine and the
"preemptive" U.S. invasion of Iraq, in fact lawlessness has deep
roots in a national exceptionalism that today, as before, extends
across the ideological spectrum. The U.S. has been something of a
rogue state since its formation — its definition, rationale, and scope
having changed to fit new historical circumstances. Today this legacy
is powerfully magnified by several conditions: the post-Cold War
rise of the U.S. as the lone superpower, the increasingly effective
global reach of its war machine, its virtual monopoly of WMD,
and the capacity to invoke the "war on terror" in the service of
expanded military force and endless war.

By the early twenty-first century, it would not be too far-fetched
to depict the U.S. as the foremost menace to planetary survival.
Washington has waged illegal warfare in flagrant contempt of the
U.N., international law, and world public opinion; carried out indis-
criminate attacks on civilians and life-supporting infrastructures;
broken or disregarded many international treaties; perpetrated
massacres and other atrocities; practiced torture; carried out crimes
by proxy; planned the militarization (and possible nuclearization) of
outer space; possesses by far the largest nuclear arsenal still encased
in first-use "doctrine"; and imposed ruinous sanctions on nations
designated as "enemies." This horrific legacy remains very much
alive within a still-expanding imperial edifice tied to a permanent
war economy, security state, hundreds of military bases scattered
across the globe, and a growing presence in outer space. The U.S.
military bases house what Chalmers Johnson calls a vigilant stratum
of "armed missionaries" whose goal is not so much to spread
"American values" as to help consolidate U.S. world supremacy
in the shape of a neoliberal order. 1 Since the end of the Cold War
the U.S. has built a geopolitical strategy around the resource-laden

CONCLUSION: EMPIRE OR SURVIVAL? 243

Middle East and Central Asia, reinforced by military and support
facilities in Qatar, Kuwait, Saudi Arabia, Oman, the United Arab
Emirates, Tadjikistan, and Uzbekistan as well as Afghanistan, Iraq,
Turkey, and the Balkans — bolstered through alliance with Israel.
These bases appear more durable with each passing year, integral
to economic and geopolitical agendas not likely to diminish for
many decades, if ever. Within this Hobbesian milieu, as Johnson
notes, "militarism and imperialism are Siamese twins joined at the
hip," 2 each thriving on the other. It is this pervasive, technologi-
cally sophisticated military presence rather than actual conquest
of territory that now defines the modern American imperium — a
ruthless system justified in the name of high-sounding virtues:
peace, democracy, human rights, the rule of law. Yet it is these
same "virtues," as we have seen, that American global power has
so routinely and recklessly subverted.

For Washington elites the dictates of national power trump those
of international legality, as they must for a military behemoth striving
for ever-greater global advantage. The system, as I have argued
throughout this book, draws its legitimacy from a complex ensemble
of economic, political, cultural, and technological resources. 3 What
is often called U.S. grand strategy is conceived as a means of creating
a favorable balance of forces — that is, abundant space — in which
Western corporations can dominate and shape the world economy.
Such an industrial and military behemoth cannot function at
existing (not to mention higher) levels of growth without aggressive
pursuit of natural resources, cheap labor, investment options, and
political leverage — a stratagem shared equally by Democrats and
Republicans. A problem for American society, however, is that
such imperial reach demands concentrated state power that is
sure to undermine most of what remains of American democratic
institutions and practices. As Johnson persuasively argues in his
book Nemesis, the consequences of Empire predictably militate
against a thriving, operational democracy. 4 At the same time, a
growing culture of militarism has saturated American society as war
(and preparation for war) dominates virtually every realm of public
life. In a society addicted to war and beset with high levels of civic
violence, where militarism approaches a kind of national mythology,
legal and moral norms are all-too-often compromised. If, as Chris
Hedges writes, "war breaks down long-established prohibitions
against violence, destruction, and murder," 5 then perpetual war and
the culture of militarism surrounding it is likely to embolden those

244 THE CRIMES OF EMPIRE

lamentable features of U.S. international outlawry and criminality
addressed in this book.

Many optimistic Americans believed that the 2008 presidential
campaign might signal dramatic changes in U.S. global behavior that
would finally dispense with the cowboy image personified by George
W. Bush. Of course the candidacy of Senator John McCain offered
Republicans the prospect of even grander illusions of Pax Americana
at a time when conservative platitudes (free market, family values,
fiscal responsibility, reduced government) had lost much of their
appeal. McCain relished tales of U.S. military heroics as he pressed
for increased Pentagon spending, wider military deployments, and
"victory" over "surrender" in Iraq, with a resulting U.S. occupation
that could last many decades, perhaps "100 years." The Arizona
politician, a Vietnam POW, staunchly backed every U.S. military
intervention since World War II and seemed ready for military action
against Iran, having famously sung "Bomb, bomb, bomb, bomb
Iran" on several occasions. A McCain presidency surely would
have heightened U.S. militarism and outlawry, which he (like Bush)
justified as part of an endless "war on terrorism." Commenting
on McCain's "lust for war," Matt Taibbi wrote: "All they [the
Republicans] have left to offer is this sad, dwindling, knee-jerk
patriotism, a promise to keep selling world politics as a McHale's
Navy rerun to a Middle America that wants nothing to do with
realizing the world has changed since 1946. " 6 However, whether
either viable Democratic candidate, Senators Hillary Clinton or
Barack Obama, could steer U.S. foreign policy in new directions
was always highly problematic. After all, like McCain, they were
financially and political beholden to the same corporate interests,
the same military-industrial system, the same security state, and
the same Israel lobby. With only slight variations, they embraced
identical visions of U.S. global supremacy. As mentioned earlier, an
imperial Democratic agenda was visible in Obama 's call for increases
in military spending, more deployments abroad, escalation of the
Afghan war, a stepped-up war on terrorism, and seeming willingness
to keep U.S. troops in Iraq indefinitely. And Obama did not rule
out using military force against Iran. Clinton, the new Secretary of
State, also stated that American bases should be maintained in the
Middle East without time stipulations and, regarding Iran, reiterated
that the Islamic state "poses a threat to our allies and our interests."
For these and the majority of Democrats any rejection of Bush's
foreign policy was purely instrumental — that is, opposition based
on tactics and effectiveness.

CONCLUSION: EMPIRE OR SURVIVAL? 245

This book draws to a close by revisiting the nuclear issue as an
especially defining, and fearsome, aspect of U.S. outlawry. As of early
2009 the Pentagon still had plans for a new generation of "usable"
mini-nukes designed to meet specific "contingencies," all-the-while
retaining its Cold War first-use policy. Despite a series of postwar
arms-control measures, the U.S. still possesses an arsenal of several
thousand warheads, far more than any conceivable military need.
It is strongly allied with three countries — Israel, Pakistan, and
India — that do not belong to the NPT and indeed stand in clear
violation of its statutes. Ignoring the NPT, the U.S. has given India
technological assistance to refine its outlaw nuclear program, while
pretending not to notice Israel's even more threatening arsenal.
Meanwhile, hypocritical threats from both the U.S. and Israel
have been recurrently directed against Iran, an NPT member with
a perfectly legal, non-military nuclear program. While officially
opposed to WMD proliferation, in reality U.S. nuclear politics
works mightily in just the opposite direction: above all, any hopeful
nuclear power is bound to be emboldened by the double standards
(and threats) emanating from Washington. Meanwhile, the U.S.
moved to install "missile shields" in Eastern Europe, on the absurd
rationale (invoked by Bush) that Iran posed an imminent atomic
threat to Europe. These plans were predictably received by Russia
as both threat and provocation — a response widely held across
Europe where Iran is correctly viewed as having neither the intent
nor resources to launch any long-range military attack. Although the
shield was opposed (in 2007) by 70 percent of the Czech public, for
example, it continued to be backed by Republicans and Democrats
alike, with scarcely any debate or much awareness about the project
in American society. 7 (By late 2009, however, President Obama
indicated that a reassessment of the missile-shield project was in
order, though as of this writing no decision had been made.) Little
reflection is needed to see that it is neither Europe nor the U.S. but
Iran which faces the larger military threat, as it is surrounded by
U.S. armed-forces and faces continuous rumblings from U.S. and
Israeli leaders about possible military intervention. One result is that
both Russia and Iran have been thrust into a predicament where
their own arms build-up makes abundantly good sense, especially
at a time of perpetual NATO push eastward.

According to the 2007 National Intelligence Estimate (NIE) report,
Iran had actually halted its nuclear-weapons program as early as
2003. Yet the Bush administration, determined to fix its military sites
on Iran, went into large-scale denial, refusing the data of its own

246 THE CRIMES OF EMPIRE

(supposedly reliable) intelligence agencies. For Bush, Iran was more
than ever a serious "threat to world peace," a totalitarian menace
to its neighbors and others, a source of aid and comfort to global
terrorists. 8 (As of early 2009, none of these warmongering views
had been disavowed by members of the incoming Obama admin-
istration.) For U.S. leaders the NIE report was an embarrassment,
as were similar reports by the IAEA indicating that Iran was not
close to developing nuclear weapons and, in any event, remained
fully within the NPT framework. Ignored by the U.S. government
and media was the undeniable fact that civilian nuclear projects
had long flourished around the world, many with U.S. blessings
and assistance even while some favored nations were permitted to
build WMD arsenals entirely outside the NPT framework.

Meanwhile, beneath the radar, the U.S. has continued its drive
toward military control of outer space, yet another program likely
to accelerate global arms competition that could lead to nuclear
weapons in space. In the Middle East, Washington's unwavering
support of Israel means not only continued Palestinian oppression
but endless warfare, spread of terrorism, and denial of a viable
political solution — that is, more chaos and violence throughout the
region. And nothing changed in the wake of the illegal and bloody
Israeli assaults on Gaza in early 2009. More broadly, long before
the advent of the Bush Doctrine, the U.S. proclaimed its "right"
to militarily intervene anywhere in the world, on its own terms,
even where that means violating international law. As for the U.N.,
Washington has for several decades veered from one extreme to
the other — doing everything possible to manipulate the body to
serve its own interests, subverting or ignoring it when those efforts
failed. 9 Further revealing its disregard for a long list of international
rules and agreements, the U.S. remains stubbornly and tragically
outside the Kyoto consensus on global warming, obstructing the
most hopeful worldwide initiative to reverse the ecological crisis — a
dramatic case of the U.S. choosing to put its own industrial growth
and corporate profits over environmental sanity.

Despite a widely expected historic turn toward international
legality following World War II, therefore, several decades later
the grounds for optimism are slim, and will remain so as long as the
U.S. stands outside the moral Zeitgeist it so fervently championed
in 1945 and that even now it ritually upholds as a watershed in
the struggle for world peace. The sad reality is that, following
Nuremberg, Washington has never supported an independent
tribunal with jurisdiction over war crimes, crimes against humanity,

CONCLUSION: EMPIRE OR SURVIVAL? 247

and human rights abuses. Never has it departed significantly from
its imperial modus operandi: local, ad hoc, victor's courts set up
under U.S. (and sometimes NATO) aegis to punish its designated
villains of the moment. Preferring an ethos of selective justice, the
U.S. steadfastly ignored the International Criminal Court, justifiably
fearful that such an impartial tribunal might be empowered to try
American government and military personnel for war crimes. This
is just one reason that hopes for prosecuting top Bush adn
tion officials for war crimes in Iraq and elsewhere is now r
as crude Machtpolitik dictates U.S. global behavior, moral and
legal principles wind up as so much empty rhetoric. Addressing
this superpower morality, Michael Mandel underscores this imperial
logic, wondering how "a country so powerful as the United States
[might ever decide to] submit itself to the democratic judgment of
some impartial tribunal." 10

Such unrepentant outlawry is no recent development, as we have
seen, but grows out of a long tradition of national exceptionalism
endowing U.S. global ambitions with an arrogant self-righteousness.
The question here revolves around just how long the world can
survive this unrestrained outlawry, especially as U.S. hegemony
faces new challenges by powerful rivals, not to mention escalating
blowback in the form of insurgencies, local movements, and
terrorism. By the year 2050 the four largest economies will be
China, India, Japan, and the U.S., with rapidly growing nations
like Brazil and Indonesia on the horizon. The balance of global
power is destined to shift, even as Washington is sure to do all it can
to retain military supremacy, giving rise to powerful economic and
political challenges to U.S. international leverage and, eventually,
to a multipolar world order. In this context the world can look
forward to mounting resource wars, renewed arms competition,
spread of WMD, and struggles to control outer space — trends
already set in motion. Faced with new threats to their hegemony,
U.S. leaders might well resist any retrenchment or scaling back of
imperial objectives, choosing instead a more defiant aggressiveness
marked by Pentagon build-ups, warfare-state expansion, and new
military interventions facilitated by the advantages of technowar
designed, among other things, to minimize American casualties. (As
the U.S. moves steadily toward reliance on a sci-fi battlefield — it
currently deploys thousands of drone aircraft and many thousands
of other unmanned vehicles, along with a sophisticated network of
satellites — Pentagon intervention in remote areas of the globe will
r fewer impediments, both strategically and ideologically.)

248 THE CRIMES OF EMPIRE

The Iraq venture by itself, projected by a Congressional
in fall 2007 to cost more than $1.5 trillion, has simultaneously
mirrored and exacerbated these trends. According to Joseph Stiglitz
and Linda Bilmes, the fiscal drain of Iraq could run eventually
beyond three trillion dollars — at least double what the Vietnam
War cost Americans in taxes, deficits, and lost public services. 11
According to The Defense Monitor, the U.S. military budget for
2008 (counting all expenditures) was projected at a mammoth $927
billion. 12 This staggering burden will be felt for decades, not only
in the U.S. but worldwide. War and occupation have bequeathed
astronomic public debt, chaotic oil prices, social and political
instability, and lopsided economic development favoring military
over civilian priorities — all thanks to ironclad bipartisan support,
as imperial Democrats ritually endorse every Pentagon deployment
and allocation, their occasional timid reservations soon negated by
the pressures of decision-making.

Today the world order faces mounting economic, social, and
ecological crises reflected in sharpening class differences, the
impoverishment of billions of people, escalating levels of violence,
a shriveling of citizenship, and likely irreversible destruction of the
global ecology. As these crises ultimately intensify, will the U.S.
willingly abandon its drive toward world domination — or even its
pursuit of military supremacy? The answer is sure to be: not likely.
In that event, U.S. outlawry could reach frightening new levels,
with no discernible global counterforce powerful enough to impose
limits on the spread of WMD, space militarization, resource wars,
crimes of aggression, and the cycle of militarism and terrorism.
None of this bodes well for the future of international legality and
peaceful relations among nations that just six decades ago was
upheld as the great promise of Nuremberg, the U.N. Charter, and
the Geneva G

Postscript:

The Routinization of Mass Murder

Long experience tells us that ordinary people from any background,
especially after completing military training, can all too often calmly
plan and/or carry out the killing of large numbers of unknown,
faceless, innocent, and often defenseless human beings, whether
by firing missiles, dropping bombs, shooting long-distance artillery
shells, or simply engaging in high-tech ground combat. Many, from
the upper-echelon officer to the lowest grunt, have been capable of
participating in massacres of civilians. Only rarely are questions of
morality and legality posed, much less brought into a political or
institutional matrix where perpetrators might be held accountable.
Once a wartime enemy is portrayed as a sinister and threatening
monster, efforts to kill inevitably become a matter of organization,
technique, and planning, part of the everyday routines of obeying
commands, fulfilling assigned tasks, ensuring that everything fits
properly into a bureaucratic procedure and discipline. In some cases
(as at My Lai in Vietnam and Haditha in Iraq) killing sprees take
on a spontaneous character — outbursts stemming from revenge,
fear, hatred, and other psychological factors. U.S. history is replete
with wartime circumstances where targets of military action are
defined as subhuman, deserving of the most horrible fates: Native
Americans, Filipinos, Mexicans, Japanese, Koreans, Vietnamese,
Iraqis, Serbs. As on the American nineteenth-century frontier,
mass killing — usually sanctioned from above — can be understood
as necessary, a moral imperative to ensure survival and even save
"civilization" or "democracy." Under such conditions behavior that
on rational grounds might be considered immoral and criminal can
be seen as natural, logical, perhaps desirable.

Within the postwar American culture of militarism, the killing
of thousands and even hundreds of thousands of people — again,
mostly authorized by government or military leaders — has taken on
elements of the ordinary, where guilt and culpability are regularly
eluded. 1 Actions viewed from outside this paradigm as criminal or
barbaric may seem rather normal, acceptable, even praiseworthy
within it, part of a taken-for-granted universe of meanings. Ethical

250 THE CRIMES OF EMPIRE

discourses as such are roundly silenced, jettisoned from public
view. Surveying the record of U.S. war crimes explored in this
book, we can identify normalized criminal behavior such as the
systematic bombing of urban centers, wanton attacks on civilians,
use of weapons of mass destruction, free-fire zones, relocations of
local inhabitants, massacres, the torture and killing of prisoners,
and of course military aggression itself. The vast majority of these
episodes have been planned and sanctioned at the highest levels of
government and military; others have taken place within unwritten
codes of regular armed-forces conduct in the field.

In technowar, as we have seen, the bulk of human activity is
bureaucratic, rule-driven, and impersonal, transforming the end
result into something "rational" where the carnage brought to
victims has no physical, immediate, or emotional content. All
personal initiative — and with it all human vulnerability — disappears
within the organizational apparatus and the culture supporting
it. The more developed the war machine, the more likely that the
technocratic planners' ideology contains elaborate, specialized
discourses with their own insular epistemology, devoid of ethical
criteria. As Gibson argues in the context of Vietnam: "Technowar as
a regime of mechanical power and knowledge posits the high-level
command positions of the political and military bureaucracies as
the legitimate sites of knowledge." 2 Here bureaucratic language
conveniently serves to obscure the reality of militarism and its
victims with familiar references to the primacy of "defense" and
"national security," the need for "surgical" or "precision" strikes,
the regrettable problem of "collateral damage" and "self-inflicted"
casualties. Terms like "incursion" or "armed response" substitute
for military aggression, "body counts" for mass slaughter, "civilian
militias" for death squads, "rendition" methods for torture, and
so forth. The very structure of language helps establish a moral
and social gulf between perpetrators and victims, between war
criminals and the crimes they commit. It seems to be a general rule,
moreover, that those who plan do not kill, and those who kill are
merely following orders — and they too are usually shielded from
psychological immediacy by the mediations of technocratic warfare.

At the same time, not all war crimes are extensions of technowar:
in Vietnam, Iraq, and other locales massacres and similar atrocities
have been indeed authorized — formally or informally — by military
personnel in the midst of ground combat. The My Lai horrors are
well known, but others like them occurred with some frequency
where U.S. armed forces have intervened or set up

POSTSCRIPT: THE ROUTINIZATION OF MASS MURDER 251

proxy operations. My Lai itself was part of a much larger search-
and-destroy mission by American troops, whose standing orders
were to obliterate any resistance or "suspicious" activity and
whose well-known incentives were to maximize "body counts"
in a setting where GIs assumed that virtually everyone was VC, or
enemy. After troops used machine guns, grenades, and hand guns
to wipe out some 500 innocent people in the My Lai hamlet, the
operation was defined as a "great victory" for Charlie Company by
the army officers in charge. It is a matter of record that neither Lt.
William Calley nor any of the other participants expressed much
emotional angst over what they did, echoing previous responses of
U.S. military personnel after episodes like the massacres at Sand
Creek and Wounded Knee, the mass killings at No Gun Ri in Korea,
and the bombings at Tokyo, Hiroshima, and Nagasaki that received
the blessings of God. Said Calley: "I was just ordered to go in there
and destroy the enemy. That was my job on that day. That was the
mission I was given." 3 Calley 's response duplicated that of the Nazis
at Nuremberg almost word-for-word.

Referring to the "seduction of battle," Hedges argues that war
itself quickly and often breaks down moral and social barriers
to extreme violence; it serves to brutalize human behavior, often
turning unspeakable horrors into the ordinary, the acceptable.
If superpatriotism, ethnocentrism, and racism often furnish the
ideological backdrop of war crimes, the battlefield itself (distant
or immediate) provides the emotional context. Warfare typically
weakens longstanding prohibitions against violence and destruction,
permitting virtually anything: executions, mass killings, rape,
torture. As Hedges puts it, "it takes little in wartime to turn ordinary
men into killers," adding: "There are always people willing to
commit unspeakable human atrocity in exchange for a little power
and privilege." 4 When military forces are energized by the moral
certitude of their own cause, normative codes easily disintegrate
along with the social fabric itself. In a crumbling and atomized
milieu, dominated by highly armed and well-trained killers,
brutalization often reigns. Whether directly engaged in battle,
supporting its myriad logistical activities, or watching as distant but
emotionally partisan observers, people gain permission to unleash
collective anger at the designated (and usually degraded) wartime
target. And technowar facilitates these psychological dynamics as
it renders the combat operations as such both more deadly and
more efficient.

252 THE CRIMES OF EMPIRE

For human beings to reach the point where killing (and mass
killing) can become a routine, orderly, sometimes even rewarding
part of an assigned mission, they must undergo what Richard
Rhodes calls a "brutalization process" — a psychological conversion
typically begun in armed-forces basic training, or its equivalent, and
then accelerated during combat. 5 The idea is to strip away moral and
personal inhibitions so that troops will be prepared for a kill-or-be-
killed environment. Individuals must be socialized into an intensely
conflicted milieu where the darkest human behavior can seem
"normal": violence, cruelty, hate, rage, traumas, insanity. From this
point, the carrying-out of atrocities becomes all the more thinkable
as the brutalization experience knows few limits. Participants
come to view extreme violence as simply part of an organizational
task — or in any event approved (formally or informally) by military
superiors. After all, basic training instructs all personnel to follow
orders, under all circumstances, and wartime conditions permit no
exceptions. Yet if the military culture tends to produce a universal
inclination toward extreme violence, the U.S. armed forces have
nonetheless occupied a special place when it comes to war crimes.
There are several reasons for this, including the constant pressures
of maintaining imperial hegemony, the duration, scope, and severity
of transgressions, the unprecedented levels of armed might wielded
by Washington, and a long history of evading legal accountability.

Perhaps the best example of this special status is Vietnam: the
U.S. brought more than a decade of death and destruction there to
wage counterinsurgency warfare against the Communist enemy.
Repeated war crimes were an inescapable outcome of this protracted
campaign, as we have seen. Atrocities like My Lai represent not so
much isolated episodes of barbarism as a microcosm of the entire
catastrophe. There were many (though mostly smaller) instances
of the sort, not to mention ongoing saturation bombing and
chemical defoliation that in the end killed far more people than
the accumulated local atrocities. As for My Lai itself, even before
the massacre the leaders and soldiers of Charlie Company had been
expanding their range of violent actions, one GI saying "it came
to the point where a guy could kill anybody." 6 There was so much
hatred of the Vietnamese that ordinary soldiers felt ready to empty
their magazines into the heads of women and children without
much thought or emotional response. Far from sheer madness, such
behavior was closer to the "normal" category in Vietnam, so that
My Lai came as no great shock to those in the field. One sergeant
was quoted as saying "Before you leave here sir, you're going to

POSTSCRIPT: THE ROUTINIZATION OF MASS MURDER 253

learn that one of the most brutal things in the world is your average
19-year-old American boy." 7 When the My Lai massacre unfolded,
reports were that troops were "shooting at everything in sight,
children, men, women, and animals," all (with a few exceptions)
ready to follow orders as civilians were lined up to be murdered.
Reports indicated that many took great pleasure in the slaughter. 8

Investigations into the My Lai massacre reveal that Charlie
Company was indeed comprised of average soldiers who had
become quickly integrated into the universe of search-and-destroy
missions they were carrying out in early 1968. 9 As noted, standard
orders were for soldiers to be aggressive and to maximize "body
count" — orders that converged with a mood of revenge shared by
GIs angry over VC attacks on their own units. Some men claimed
that a superior, Lt. Col. Frank Barker, had issued commands to the
effect that everyone in the hamlet (considered a VC stronghold)
should be eliminated, a charge denied by Barker. What is known is
that Charlie Company entered My Lai with guns blazing, shooting
at everyone and everything, some soldiers following organizational
discipline and other behaving more or less spontaneously. As for
Lt. Calley himself, he would later say (at trial) that "all orders
were to be assumed legal, that a soldier's job was to carry out any
order given to him to the best of his ability." 10 Like other similar
episodes, My Lai can be described as a "sanctioned massacre" —
that is, a form of ruthless, systematic mass violence carried out
within combat operations that at least appear to be legitimated by
superior command. 11

According to Kelman and Hamilton, sanctioned massacres
ultimately depend on three interwoven organizational and
psychological dynamics. First, they must be seen as authorized
by superior officers, where questions of individual decision-mak-
ing and moral choice appear decisively ruled out. As we have
seen, military personnel are thoroughly trained in the practice of
following orders — any failure to do so likely to be met, in wartime,
with a summary court martial or worse. Such orders, moreover,
do not always have to be formal; they can be informal, a function
of implicitly understood expectations or even the mood of the
moment. Second, they are a product of routinization, above all the
strong social and psychological pressures brought to bear on the
battlefield. Troops are trained to focus on the immediate tasks at
hand, the details of a job they are programmed to complete at the
highest level, no questions asked or even permitted to be asked. It
follows that combat operations can easily morph into

254 THE CRIMES OF EMPIRE

killings, fitting the standard bureaucratic model of discipline rooted
in established norms, rules, procedures, and discourses involving
"kill ratios" and the like. Finally, they depend on the capacity of
actors in the drama to objectify and dehumanize an enemy to the
degree that ordinary moral criteria no longer apply. This is largely
a function of well-honed propaganda that ideologically underpins
the war machine. When U.S. forces attack other nations, their view
of the local population will be shaped by a national chauvinism
and perhaps even racism that sets up human targets for easier
destruction. 12 It is fair to say that all three of these mechanisms
were at work during My Lai and indeed through much of the entire
U.S. military modus operandi in Vietnam.

It is worth looking at the American public response to My Lai in
the months following the massacre, for the aftermath speaks volumes
about the ethnocentrism, double standards, and fetishism of violence
embedded in the military culture — the same flaws Americans are
quick to identify in other nations and cultures. At the outset, there is
evidence that soldiers in Vietnam were versed in rules of engagement
codified not only in international law but in the UCMJ itself, but
combat troops up to the highest-ranking officers were commonly
known to have laughed at such "rules," considering them arcane,
out of touch, irrelevant to conditions prevailing during heat of battle.
This was not so much a matter of ignorance, therefore, but rather
of indifference. More than that: soon after My Lai the Americal
Division (which included Charlie Company) actually celebrated the
atrocity as a victory for its high body count, while the commanding
officers rapidly initiated a cover-up. 13 Knowledge of the massacre in
Vietnam became widespread, but few military personnel expressed
outrage; it was simply another mission — bloody, to be sure, but
just another mission. One solider talked of reporting the episode
to his congressman but was met with immediate threats, with Lt.
Calley's men deciding to place a bounty on his head. 14 There would
be no references to American war crimes in Vietnam — at least until
independent reporters like Seymour Hersh (himself quickly forced
into hiding) could tell the story.

As Michael Belknap shows in his exhaustive treatment of the
events surrounding My Lai, the mainstream news media in the U.S.
had little interest in dealing with the massacres. ls Little outrage was
visible among politicians, many siding with the perpetrators. Public
opinion shaded from mild indifference to outright support for Lt.
Calley and other soldiers of Charlie Company. Most Americans
seemed inclined to voice at least one of several rationaliz

POSTSCRIPT: THE ROUTINIZATION OF MASS MURDER 255

that My Lai was just a predictable outcome of war, that the enemy
got what he deserved, that the VC itself was responsible because
it hid amongst the inhabitants, that the Commies in any case were
doing worse things, and so forth. According to one Gallop Poll
survey in 1969, only 13 percent of respondents thought the GIs
were guilty, the rest believing, no doubt, that Americans were
not capable of such crimes. A Time magazine poll showed that
a majority expressed sympathy for Lt. Calley. 16 President Nixon,
calling My Lai an "isolated episode," expressed fear that giving too
much public attention to the massacres would hurt the U.S. image
and further erode popular support for the war (which was already
ebbing). Rep. Don Fuqua (R-Fla) introduced a resolution giving Lt.
Calley an opportunity to present his case before a joint session of
Congress. Well after details of the massacre surfaced in the media,
Lt. Calley enjoyed widespread backing by a public generally willing
to give him every benefit of the doubt. When Tony Nelson's musical
tribute to mass murder, "The Battle Hymn of Lt. Calley," hit the
airwaves, it sold more than 200,000 copies. Many believed Calley
himself was the main victim who should never have been tried
for war crimes. When Calley was eventually found guilty at court
martial, the verdict was overwhelmingly (by 78 percent) opposed by
the American public. 17 The conviction brought outrage and protests,
most urging that Lt. Calley be freed immediately or at least pardoned
by Nixon. Several states passed resolutions favoring a pardon. In the
two months following the trial, the White House received 200,000
letters in support of Lt. Calley, whose brief sentence for killing
21 civilians was served mostly under house arrest. Many media
pundits and politicians argued (in part correctly) that Calley — a
mere platoon leader — was being scapegoated for atrocities endemic
to the whole Vietnam campaign and for which higher-level officers
and even government officials should have been culpable.

The main argument here is that the vast majority of the American
public, along with important sectors of the political, media, and
military establishments, were little troubled by revelations of
barbaric war crimes of which My Lai was only the tip of the iceberg.
Instead of moral opprobrium, there was a facile willingness to forget
and move on, often reciting the fashionable platitude that, in the
end, "war is hell" under all conditions — a refrain rightly condemned
at Nuremberg. While the evidence against Lt. Calley was as solid
as it could have been (many on the scene attributed more than
100 killings to him), Americans preferred to look the other way,
believing that in the final analysis he was a good soldier just doing

256 THE CRIMES OF EMPIRE

the best he could under extremely trying circumstances. My Lai
provides a fascinating case study, for it shows that the vast majority
of Americans were willing to condone mass murder so long as it
was committed by military personnel serving under the banner of
their own country — that is, where the crimes could be overlooked
because they fit a well-understood national agenda. In other words,
when it came to a specific historical case moral values immediately
gave way to the pull of superpatriotism and ethnocentrism. All
respect for international law was thrown to the winds.

The example of My Lai — indeed the entire Vietnam disaster —
hovers over questions of precisely who might be guilty of war
crimes and, equally important, who of those responsible for such
horrors should be deemed most legally culpable. As we have seen,
there are no quick and ready answers to such questions for, among
other considerations, wartime conditions are so often filled with
chaos and ambiguity as to resist categorical definitions. We know
that at Nuremberg the precept was established that following the
commands of a superior could not be invoked as a defense — all
individuals, whatever their rank, were held responsible for making
their own moral choices. The Allied prosecutors assumed that all
Germans involved in the Nazi system could readily distinguish right
from wrong, and could behave accordingly. Yet this precept — that
following orders is no justification for individual behavior — is
far too simplistic and unrealistic as a basis for determining guilt.
In fact the Allies essentially violated their own precept, choosing
to prosecute only the highest echelon Nazis (top leaders of the
"criminal enterprise") while sparing those lower on the chain of
command owing to their supposed lesser accountability. That is, the
tribunal recognized that "following orders," as opposed to giving
them, could be a mitigating factor in determining culpability. At
Nuremberg, therefore, only a small number of leading Nazis was
convicted of war crimes — a pattern of identifying and prosecuting
only the main decision-makers that would be repeated at Tokyo
and subsequent tribunals.

This precedent makes abundantly good sense when one looks
more closely at the conditions of warfare, as simple precepts and
formulas about assigning guilt for war crimes quickly fall by the
wayside. The first point to emphasize is the very chaos of most
battlefield situations, where ordinary soldiers and even many officers
are forced to make quick, life-and-death decisions at moments of
great stress and where, as under conditions of guerrilla warfare, it
might be impossible to easily distinguish civilians from combatants.

POSTSCRIPT: THE ROUTINIZATION OF MASS MURDER 257

Chaos breeds rapid change, ambiguity, uncertainty, and of course
fear. It is worth repeating here that all military personnel, whatever
their rank, are trained first and foremost to follow commands —
an iron rule during combat, where operations depend on quick,
disciplined, and collective responses to battlefield threats. The deeply
ingrained practice of following orders is nearly always a necessity
impervious to time-consuming questioning or debate. Any failure
to follow orders in wartime, moreover, will be met with swift and
severe punishment: summary courts martial leading to dishonorable
discharge, jail time, or even death. Even mild resistance to the unit's
mission will typically produce ostracism, threats, harassment, and
worse. The pressures to conform are overpowering.

At the same time, during battlefield operations ordinary
troops have limited information and awareness about what is
being planned or what, indeed, is even possible; the big-picture
perspective of events is usually monopolized by a few superior
officers. It would be unreasonable to expect average grunts — lacking
experience, knowledge, and authority — to make rapid moral and
legal judgments regarding combat tactics. Thus, in the case of the
November 2004 U.S. attacks on Fallujah in Iraq, troops were mostly
told they were pursuing small pockets of insurgents who would
be quickly defeated, when in fact the entire operation turned into
a massive operation directed against virtually the entire civilian
population and its infrastructure. Information about this latter
phase of the operation was no doubt available to leading military
planners but almost certainly not shared with ordinary troops. If
we compare the Fallujah campaign with, say, that at Normandy, it
is fair to assume the average soldier will have encountered few if
any differences regarding available options. Once combat orders
are given to ordinary troops, those troops are scarcely in a position
to challenge their all-powerful commanding officers (or even their
peers). It is easy enough to suggest that military personnel are willing
participants in a vast "criminal enterprise," but to expect individual
or mass rebellion except under extreme conditions is far-fetched.
Rebellion in the ranks has indeed taken place but it is rare, and
those involved have always paid a heavy price. At My Lai, most
personnel involved in the massacre, including officers, said they were
just "following orders," but this defense could hardly be sustained
once it was obvious the troops of Charlie Company were on a
wild, bloody rampage against innocent and unarmed civilians that
lasted for several hours. And indeed a few (but only a few) soldiers

258 THE CRIMES OF EMPIRE

did refuse to participate, while the one soldier indicating he would
report the atrocities was harassed and received death threats.

With My Lai as an obvious extreme case, the larger task of
ascertaining who is guilty of battlefield war crimes — and to what
degree — is not always as straightforward as the laws of warfare might
indicate. (Indeed the laws themselves are often quite ambiguous.)
This takes us back to an earlier question: who precisely ought to
be considered a war criminal? One strong principle should be that,
where violations have clearly taken place, culpability increases as
we move up the chain of command. Hence those responsible for
setting policy, or for implementing it at the highest levels, should be
found most guilty insofar as they have greater access to power and
information — and thus more capacity to determine another course
of action. If we take Vietnam, for example, it was government
and military leaders in Washington who initiated and prolonged
the war, and it was the armed-forces commanding heights in the
field that shaped the overall battlefield conduct. The pacification
campaigns, bombing missions, search-and-destroy operations,
emphasis on body counts, indifference to rules of engagement —
all this was the domain of General Westmoreland and his staff,
along with dozens of field commanders. In Vietnam the major war
criminals were therefore Presidents Kennedy, Johnson, and Nixon,
their Secretaries of Defense and State, other cabinet members, top
Pentagon officials, and leading field commanders — a list of perhaps
100 people. The original architects of this catastrophe, including
liberal policy-makers like Robert McNamara, Dean Rusk, Walt
Rostow, and McGeorge Bundy, belong at the top of this list. A
similar list could be compiled for Iraq, headed by Bush, Cheney,
Rumsfeld, and Rice, and including top neocon figures like Paul
Wolfowitz, Richard Perle, and Scooter Libby. Leading propagandists
in both cases would likewise find places on the list — keeping in mind
that Nazi propagandist Julius Streicher was tried and convicted at
Nuremberg. Crucial to remember here is that both Vietnam and
Iraq constitute flagrant crimes of aggression, so that war planners
are guilty not only of that transgression but of the many crimes
that followed. As for a savage episode like My Lai, we have blatant
war crimes for which all participants ought to be prosecuted,
whether they gave or followed orders. An extended massacre of
unarmed civilians in any context cannot be defended on the basis
of ambiguous circumstances, threats to survival, battlefield stress,
or following commands from superiors.

POSTSCRIPT: THE ROUTINIZATION OF MASS MURDER 259

A major problem with U.S. war crimes in general is that virtually
everyone has managed to escape criminal liability, except in a few
cases like My Lai and Abu Ghraib where lower-level personnel
were tried, convicted, and generally given light sentences. Another
problem is the extent to which repeated violations of international
laws and rules take on the character of normalcy within American
society and political culture. The prevailing discourse says that only
other nations can be guilty of transgressions, while Japanese leaders
(among others) are routinely chastised for ignoring or denying their
criminal past. Such "normalcy" is a product of the way in which the
long record of U.S. outlawry has become taken for granted as part
of the national experience. Returning the example of former Senator
Robert Kerrey, the revelations of war crimes hardly disturbed the
established rhythms of his professional and daily life; he was viewed
as just another dedicated, hard-working American citizen who had
fought for his country and perhaps made a few mistakes along
the way, but in no way could be regarded a war criminal. Indeed
Kerrey, highly successful, looks and acts "normal" enough. So too
do the vast majority of U.S. government and military elites who,
in Nuremberg language, were "willing, knowing, and energetic
accomplices in a vast and malignant enterprise." 18 The Pentagon war
machine has been led and staffed by ordinary folks with typically
good educations, solid family backgrounds, nice manners, elevated
cultural tastes, and even good intentions. The Vietnam War itself was
engineered and planned not by revolting sadistic thugs or Hannibal
Lecter-type psychopaths — or even xenophobic right-wingers — but
mostly by liberal, cultured, urbane, visionary government officials,
many of them celebrated academics. Persico writes that the Nazi
defendants at Nuremberg also looked and acted in every respect
"ordinary," with the exception of the massive, gruff, red-faced Ernst
Kaltenbrunner, a Nazi from central casting. In fact few Nazis looked
like sadistic monsters: as Persico comments, "It would be hard to
pick out most of these men as war criminals from a gathering of
Rotarians or accountants." 19 Thus Albert Speer came across as just
another intelligent, refined businessman, someone who could have
been an executive at General Motors instead of a willing accomplice
in a "vast and malignant enterprise."

Given the long history of U.S. militarism, along with the
immense scope of American global power today, no one should be
astonished to find the most terrible deeds engulfed and camouflaged
by bureaucratic structures and legitimating ideologies that seem
commonplace and rational enough on the surface. Nor should

260 THE CRIMES OF EMPIRE

anyone be surprised to discover that such deeds have been planned
and/or carried out by otherwise exemplary citizens. Obedience,
violence, national chauvinism, even racism are built into the very
logic of an imperial system. This recalls Hannah Arendt's famous
commentary on the Adolf Eichmann trial and Nazism in general.
The Nazis too were viewed internally as "normal" in their multiple
criminal operations, and most indeed led "normal" lives. Writes
Arendt: "The trouble with Eichmann was that precisely so many
were like him, and that the many were neither perverted nor
sadistic, that they were ... terribly and terrifyingly normal." 20 At
the end of World War II the Army Air Force crews that brought
atomic destruction to Hiroshima and Nagasaki, killing more than
200,000 innocent civilians, were comprised of highly competent,
stable, dedicated military personnel all convinced they were doing
the right thing. Said Paul W Tibbetts Jr., pilot of the Enola Gay
that bombed Hiroshima, "I never lost a night's sleep over it." As
would later be the case in Korea, Vietnam, Iraq, and other theaters
of U.S. war crimes, the people committing atrocities — from bottom
to top, with few exceptions — believed they were doing the right
patriotic thing, possibly even ordained by God, scarcely giving a
second thought to their actions.

All this raises the fascinating question as to whether most
people involved in committing war crimes might be labeled
"psychopaths" — that is, psychologically deranged to the extent
of being able to routinely or casually torture, rape, or kill other
human beings. Nazis and other fascists were often believed to fit
this category, as well as many tyrannical leaders like Stalin, Mao,
and Saddam Hussein. Psychopaths are generally thought capable of
carrying out the most heinous crimes, including genocide and ethnic
cleansing, without feeling much if any guilt; in other words, such
perpetrators lack a "normal" conscience. David Model identifies
President Bush as a psychopath for his cruel and senseless Iraq
venture. 21 Whether perpetrators of war crimes, including mass
murder, are often psychopaths may be difficult to ascertain in
particular cases, but what seems clear is that those involved —
government and military leaders, troops in the field, propagandists,
even supporters among the general population — typically rationalize
those crimes within definite ideological frameworks: patriotic duty,
a superior national mission, confronting perceived threats, and
so forth. If such beliefs are strongly and frequently propagated
within the political system, mass media, education, and other venues
of opinion formation, they can provide an effective interpretive

POSTSCRIPT: THE ROUTINIZATION OF MASS MURDER 261

framework within which outlawry and criminality can be justified
and legitimated. In this context the deeds are not really viewed as
"crimes" so much as accepted praiseworthy behavior for which
honors and medals are awarded. Where legitimating beliefs are
internalized throughout a community of interests, as is often the
case in the military, their psychological force on the individual
will be all the more powerful and difficult to resist. In the midst of
warfare, deeds typically regarded as abnormal or criminal might
well be seen as routine, possibly heroic. While it might be tempting
to blame "psychopaths" for monstrous atrocities and other crimes,
American history reveals a more common, mundane source — the
very patterns of activity that correspond to the requirements of an
aggressive imperial war machine.

Notes

INTRODUCTION

1. Richard Dawkins, The God Delusion (New York: Houghton Mifflin, 2006),
p. 267.

2. Ibid., p. 270.

3. David Chandler, From Kosovo to Kabul (London: Pluto Press, 2002), p. 153.

4. Ibid., p. 154.

5. Philippe Sands, Lawless World (New York: Viking Press, 2005).

6. Richard Falk, Human Rights Horizons (New York: Routledge, 2000), ch. 10.

7. David Chandler, "International Justice," New Left Review
(November-December, 2000), p. 63.

8. Noam Chomsky, Rogue States (Boston: South End Press, 2000), p. 17.

9. See Michael Ignatieff, "Nation-Buidling Lite," New York Times Magazine
(July 28, 2002).

10. Robert Jay Lifton, The Superpower Syndrome (New York: Nation Books,
2003), p. 112.

11. Robert Kagan, Of Paradise and Power (New York: Alfred A. Knopf, 2003),
p. 27.

12. Ibid., p. 27.

13. Ibid., p. 76.

14. Ibid., p. 87.

15. Ibid., p. 99.

16. Chandler, From Kosovo to Kabul, p. 187.

17. Ibid., p. 191.

18. See Jack L. Goldsmith and Eric A. Posner, The Limits of International Law
(New York: Oxford University Press, 2005).

19. Antonia Juhasz, The Bush Agenda (New York: Regan Books, 2006), p. 298.

Democrats have
converged idei the past two decades, see Carl Boggs, The End

of Politics: Corporate Power and the Decline of the Public Sphere (New York:
Guilford Publications, 2000), chs 1-4.

21. Edward Herman, "The New York Times Versus Civil Society," Z Magazine
(December 2005), p. 54.

22. Ibid., p. 54.

23. Chris Hedges, War is a Force That Gives Us Meaning (New York: Public
Affairs, 2002), p. 143.

: John Wiley and
Sons, 2005), p. 26.

25. Sam Harris, The End of Faith (New York: W.W. Norton, 2004), p. 144.

26. Ibid., p. 143.

27. Sands, Lawless World, p. 48.

28. See Diana Johnstone, Fool's Crusade (New York: Monthly Review Press, 2002).

262

29. See Michael Mandel, How America Gets Away with Murder (London: Pluto
Press, 2004) and David Model, Lying for Empire (Monroe, ME: Common

Press, 2005).

30. See Carla Del Ponte, Madame Prosecutor: Confrontations with Humanity's
Worst Criminals (New York: Other Press, 2009).

CHAPTER 1

1. See William Blum, Killing Hope (Monroe, ME: Common Courage Press, 1995),

. lonroe, ME: Common Courage Press, 2000).

2. On U.S. aggression in Korea, see Bruce Cumings, et al., Inventing the Axis
of Evil (New York: The New Press, 2004), pp. 1-27; Blum, Killing Hope,
pp. 45-55; am ott and Edward Hagerman, The United States
and Biological Warfare (Bloomington: University of Indiana Press, 1998),
pp. 88-106.

3. On President Kennedy's involvement in Vietnam war planning and escalation,
see Bruce Miroff, Pragmatic Illusions (New York: David McKay, 1976),
pp. 142-66, an

1991), pp. 60-105.

4. See Christopli >n: Verso, 2001).

5. See Philip E. Wheaton, Panama Invaded (Trenton, NJ: The Red Sea Press,
1992), pp. 13-20.

6. Ibid., pp. 143-58.

7. The U.S. flew 110,000 air sortie; ing Desert Storm, resulting
in at least 200,000 deaths. According to the Red Crescent Society of Jordan,
113,000 civilians were killed in just the final week of the war. See Ramsey
Clark, et al., War Crimes (Washington, DC: Maisonneuve Press, 1992), p. 15.

8. Anthony Amove, ed., Iraq Under Siege (Boston: South End Press, 2000),
esp. chs 1-3, 11, 12, and 13.

9. See Clark, et al., War Crimes, pp. 9-25. Nineteen charges in all were listed.

10. Dilip Hiro, Iraq: in the Eye of the Storm (New York: Nation Books, 2002),
chs 5-9.

11. Wesley Clark, quoted in Michael Parenti, To Kill a Nation (London: Verso,
2000), p. 124.

12. See Mandel, How America Gets Away With Murder, pp. 176-200.

13. On the U.S. attack in Yemen, see the Los Angeles Times (November 5, 2002).

14. Quoted in Richard Clarke, Agai 'erica's War on
Terror (New York: The Free Press, 2004), p. 24.

15. On the Bush

supposed possession of weapons of mass destruction, see James Bamford, A
Pretext for War (New York: Anchor Books, 2004), pp. 294-307.

16. On the illegality of the U.S. invasion of Iraq, see Sands, Lawless World,
pp. 185-7.

17. Ibid., pp. 201-3.

18. See Hiro, Iraq, p. 82.

19. Ibid., p. 129.

20. Ibid., p. 88.

21. Ibid., p. 92.

22. See James Bamford, "How Public Relations Gave us the War in Iraq," Rolling
Stone (December 1, 2005), p. 53.

264 THE CRIMES OF EMPIRE

23. Ibid., p. 61.

24. Clarke, Against All Enemies.

25. Los Angeles Times (July 1, 2004).

26. See Antonia Juhasz, The Bush Agenda (New York: Regan Books, 2006),
pp. 6-8.

27. Ibid., p. 41.

28. Ibid., pp. 177-8.

29. Ibid., p. 252.

30. Joshua Muravchik, in Los Angeles Times (November 19, 2006).

31. Scott Ritter, Target Iran (New York: Nation Books, 2006).

32. Ibid., p. 208.

33. Ibid., p. 203.

34. Joseph Persico, Nuremberg (New York: 1994), p. 261.

35. Noam Chomsky, Failed States (New York: Metropolitan Books, 2006), ch. 2.

36. Sands, Lawless World, p. 243.

37. See Goldsmith and Posner, The Limits of International Law, pp. 225-6.

38. Ritter, Target Iran, p. 141.

39. Ibid., p. 205.

nver, see Michael
Ignatieff, "The American Empire (Get Used to It)," New York Times
(January 5, 2003).

41. Esther Kaplan, With God on Their Side (New York: The New Press, 2004),
p. 10.

42. Los Angeles Times (October 29, 2007).

CHAPTER 2

1. Tariq Ali, The Clash of Fundamentalisms (London: Verso, 2002), p. 267.

2. Edward Herman, "'Tragic Errors' in U.S. Military Policy," Z Magazine
(September 2002), p. 27.

3. See Ward Ch San Francisco: City Lights
Books, 1997), p. 188.

4. Caleb Carr, The Lessons of Terror (New York: Random House, 2002),
pp. 172-3.

5. Ibid., p. 255.

6. See Roy Gutman and David Rieff, eds, Crimes of War (New York: W. W.
Norton, 1999), pp. 84-6, 372.

7. The reference to "poisoned weapons" in the International Criminal Court
statutes is contained in Sands, Lawless World, p. 282 (Article 8, section xviii).

8. John Dower, War Without Mercy (New York: Pantheon, 1986), p. 69.

9. Ibid., pp. 8-9.

10. Ibid., p. 11.

11. Endicott and Hagerman, The Unit \apons, pp. 88-9.

12. Ibid., p. 188.

13. Young, The Vietnam Wars, pp. 144-8.

14. See Douglas Valentine, The Phoenix Program (New York: William Morrow
and Co., 1990), pp. 156-7.

15. Quoted in James William Gibson, The Perfect War: Technowar in Vietnam
(New York: Atlantic Monthly Press, 1986), pp. 141-2.

16. Quoted in ibid., p. 199.

17. The "production model" of war is discussed in ibid., ch. 5.

18. Wheaton, Panama Invaded, pp. 115-16.

19. Ibid., p. 31.

20. Quoted in ibid., p. 53.

21. Ibid., p. 147.

22. Ibid., p. 149.

23. See the colk Ushonor (New York: International Action Center,
1999), chs 1,3, and 8.

24. See Joy Gordon, "Cool War," Harpers (November 2002), p. 43.

25. Los Angeles Times (January 17, 2007).

26. Johns Hopkins School of Public Health Report, in Lancet (October 2006).

27. Los Angeles Times (August 3, 2006).

28. Los Angeles Times (January 7, 2005).

29. www.dahrjamailiraq.com (February 3, 2005).

30. On the militarization of America!": Hilar culture, see Carl Boggs
and Tom Pollard, The Hollywood War Machine (Boulder, CO: Paradigm,
2006), ch. 1.

31. Phyllis Bennis, Before and After: U.S. Foreign Policy and the September 11
Crisis (New York: Olive Branch Press, 2003), p. 104.

32. Barbara Ehrenreich, Blood Rites (New York: Henry Holt and Co., 1997),
pp. 222-3.

33. Richard Rhodes, Why They Kill (New York: Vintage, 1999), p. 287.

34. Sven Lindqvist, A History of Bombing (New York: the New Press, 2001),
p. 126.

35. Ibid., pp. 26-7.

36. Ibid., p. 121.

37. On Geneva Convention articles 52 to 57, see www.deoxy.org/wc/wc-proto.

38. Quoted in Dower, War Without Mercy, p. 41.

39. See A. C. Grayling, Among the Dead Cities (New York: Walker and Co., 2006),
p. 272.

40. Ibid., p. 277.

41. Reported in the obituary of Kurt Vonnegut, Los Angeles Times (April 12,
2007).

42. Los Angeles Times (July 21, 2003).

43. Lindqvist, A History of Bombing, p. 131.

44. Quoted in ibid., p. 128.

45. Ibid., p. 121.

46. Endicott and Hagerman, The I Varfarc, p. MS.

47. Ibid., p. 101.

48. Report on U.S. War Crimes in Korea (Pyon onal Association
of Lawyers, 1952), p. 23.

49. On the development of technowar in Vietnam, see Gibson, The Perfect War,
pp. 433-59.

50. Lindqvist, A History of Bombing, p. 159.

51. Ibid., p. 162.

52. Ibid., p. 157.

53. Young, The Vietnam Wars, p. 235.

54. Lindqvist, A History of Bombing, pp. 158-9.

55. Amove, Iraq Under Siege, chs 1, 4.

266 THECRIMESOF EMPIRE

56. Clark, et al., War Crimes, parts 1-3.

57. Ramsey Clark, "Indictment of the U.S./NATO," in John Catalinotto and Sara
Flounders, eds, Hidden Agenda: U.S./NATO Takeover of Yugoslavia (New
York: International Action Center, 2002), pp. 33-45.

58. See Parenti, To Kill a Nation, p. 124.

59. Johnstone, Fool's Crusade, pp. 118-19.

60. Catalinotto and Flounders, eds, Hidden Agenda, pp. 318-21.

61. Ibid., pp. 320-1.

62. Los Angeles Times (January 4, 2002).

63. Report on U.S. Crimes in Korea, p. 3.

64. Ibid., p. 35.

65. Ibid., pp. 13-14.

66. Ibid., p. 15.

67. Ibid.

68. Ibid., p. 16.

69. Sang-Hun Choe, Charles J. Hank The Bridge at No
Gun Ri," Dissent (Spring 2000), pp. 39-41.

70. Ibid., p. 41.

71. Ibid.

72. Gibson, The Perfect War, p. 296.

73. Ibid., p. 183.

74. Herbert Kelman and V. Lee Hamilton, "The My Lai Massacre: A Military
Crime of Obedience," in David M. Newman, ed., Sociology (Thousand Oaks:
Pine Forge Press, 1997), p. 19.

75. Ibid., p. 24.

76. Seymour Hersh, My Lai 4: A Report on the Aftermath (New
York: Vintage, 1972).

77. On the aftei g it, see Michael R. Belknap,
The Vietnam War on Trial (Lawrence: University Press of Kansas, 2002),
chs 11, 12.

78. Los Angeles Times (August 8, 2006).

79. Scanlans Monthly (February 27, 1970).

80. Los Angeles Times (August 8, 2006).

81. Los Angeles Times (August 8, 2006).

82. Winter Soldier Hearings (film 1972).

83. All quotes are from the Winter Soldier Hearings.

84. Quoted in Time (May 7, 2001).

85. See Newsweek (August 6, 2002).

86. www.dahrjamailiraq.com (December 2005).

87. William Langewiesche, "Rules of Engagement," Vanity Fair (November 2006),
p. 318.

88. Frontline documentary on Haditha (February 2008).

89. Los Angeles Times (June 8, 2006).

90. Quoted in Nafeez Mosaddeq Ahmed, The War on Truth (Northampton: Olive
Branch Press, 2005), p. 294.

91. See Howard Zinn, "The Problem is Obedience," in Howard Zinn/Anthony
Amove, Voices From a People's History of the United States (New York: Seven
Stories, 2004), p. 484.

92. Harris, The End of Faith, p. 140.

93. Ibid., p. 143.

NOTES 267

94. Ibid., p. 146.

95. Ibid., p. 144.

96. Ibid., p. 146.

97. Christopher Hitchens, A Long Short War (New York: Penguin, 2003), p. 53.

98. Ibid., p. 96.

99. Ibid., p. 25.

100. Ibid., p. 20.

101. Douglas Murray, Neoconservatism (New York: Encounter Books, 2006),
p. 117.

102. See the report on Winter Sold (May 2008).

103. Chris Hedges' report is contained in The Nation (July 30, 2008).

104. See Juhasz, The Bush Agenda, especially chs 1, 2.

1. For more details on this point, see William Blum, Rogue State (Monroe, ME:
Common Courage Press, 2000), chs 4-10.

2. Thus, at the ICTY in The Hague, Serb leadei evic was charged
with a series of war crimes that fall under the category of "

criminal activity. Within Article 7 (1) of the Ti ;c was accused

of participating in a series of "joint criminal enterprises," including providing
financial, material, and is to various regular and irregular

forces in Yugoslavia during the 1990s. Milosevic was said to "share the
intent" of oth. anal enterprises, fully aware of the

consequences of their [others] actions. See No

Indictment at The Hague (New York: New York University Press, 2002),
pp. 292-8.

3. Ibid., pp. 96-7.

4. The U.S. has led the world in arms sales throughout most of the postwar years,
reaching nearly 60 percent of the total by 2003. For an overview of global
weapons sales, see Gider Burrows, The No-Nonsense Guide to the Arms Trade
(London: Verso, 2002), ch. 1.

5. See Blum, Killing Hope, p. 194.

6. Between 1980 and 2000 Turkey received nearly $12 billion in U.S. military
aid in addition to some $6.5 billion in combined grants and direct loans
(www.fas.org/; key). Turkey has been described as the worst
human rights abusing state in the European region, its armed forces carrying
out repression with sophisticated weapons supplied mainly by the U.S. See
Burrow, The No-Nonsense Guide to the Arms Trade, pp. 55-6.

7. See Frederick H. Gareau, State Terrorism and the United States (Atlanta:
Clarity Press, 2004), p. 23.

8. Ibid., pp. 37-41.

9. Noam Chon: ;. i-iks, 1987), pp. 15,
18.

10. Ibid., p. 27.

1 1 . Blum, Killing Hope, p. 232.

12. Gareau, State Terrorism, p. 62.

13. On human rights violations in Guatemala, see Chomsky, Turning the Tide,
pp. 28-30; Blum, Killing Hope, pp. 229-39; and Jennifer Harbury, Truth,
Torture, and the American V icon Press, 2005), pp. 32-40.

268 THE CRIMES OF EMPIRE

. Blum, Killing Hope, p. 293.

. Chomsky, Turning the Tide, p. 136.

. See Michael Klare, Resource Wars (New York: Henry Holt, 2001), pp. 5-26.

. Gregory Elich, "The Invasion of Serbian Kraijina," in Ramsey Clark, et al.,

NATO in the Balkans (New York: IAC, 1998), pp. 130-40.
. Johnstone, Fool's Crusade, p. 228; Mandel, How America Gets Away With

Murder, and Parenti, To Kill a Nation, pp. 95-107.
. Johnstone, Fool's Crusade, p. 230.
. Diana Johnstone, "Kosovo: Waiting for War, Dreaming of Diplomacy,"

Z Magazine (February 2008), pp. 9-12.
. Michael Neumann, The Case Against Israel (Petrolia, CA: CounterPunch,

2005), p. 187.
, See John J. Mearsheimer and Stephen M. Walt, The Israel Lobby and U.S.

Foreign Policy (New York: Farrar, Strauss, and Giroux, 2007), pp. 23-30, oi

the trajectory of U.S. economic, politi

. Ibid., pp. 81-91.

. Norman Finke I Berkeley: Univer;

Press, 2005), p. 100.
. Ibid., p. 142.
. Ibid., p. 155.
. Ibid., p. 103.
. Edward Said, "America's Last Taboo," New Left Review (Nov

2000), p. 47.

litary, and diplomatic support for

nber-December

. Michael Jansen, The Battle of Beiru

. Ibid., pp. 30-5.

. Ibid., p. 25.

. See Mearshemv I 'by, pp. 229-62.

. Ibid., pp. 40-1.

. Ibid., p. 5.

. Ibid., p. 80.

. Quoted in ibid., p. 65.

. Ibid., p. 235.

. Ibid., pp. 238-55.

. Los Angeles Times (January 12, 2007).

. Los Angeles Times (January 12, 2007).

. Ussama Makdisi, Los An tober 21, 2006).

, Los Angeles Times (February 15, 2009).

. Los Angeles Times (March 21, 2009).

South End Press, 1982), p. 3.

1. www.en.wikipedia.org

2. U.S. Nuclear Posture Review (March 2002). For a larger overview of American
nuclear policy, see Christopher Paine, "The Moscow Threat: Making Matters
Worse," Bulletin of Atomic Scientists (December 2002), and Julian Borger,
"U.S. Plan for Nuclear Arsenal," Guardian (February 19, 2003).

3. Gordon, "Cool War," p. 43.

4. Ibid., p. 44.

5. Ibid., p. 49.

NOTES 269

6. See Robert Aldrich, First Strike! (Boston: South End Press, 1983), pp. 21-42.

7. Lindqvist, A History of Bombing, p. 126.

8. Aldrich, First Strike!, pp. 255-74.

9. Karl Grossman, Weapons in Space (New York: Seven Stories Press, 2001),
pp. 9-17.

10. Quoted in Model, Lying for Empire, p. 70.

11. See Endicott and Hagerman, The United States and Biological Warfare,
pp. 97-8.

12. David Model, "The Nuclear Peril," Z Magazine (July-August 2006). See
also "The End of Arms Control," The Defense Monitor (December 2006).
K. Gajendra Singh refers to the NPT as enforci ar "apartheid
regime" (www.uruknet.info). Mohamed ElBaradei, director of IAEA, has said
that it is "morally reprehensible for some countries to pursue weapons of mass
destruction yet morally acceptable for others to rely on them for security to
continue to refine their capacities am for their use" (New York
Times, February 12, 2004).

1 3 . Helen Caldicott, The New Nuclear Danger (New York: The New Press, 2002 ) ,
p. 5.

II. Quadrant. >f Defense, 2001).

15. Robert McNamara, in Foreign Policy (May-June 2005).

16. New York Times (February 12, 2004).

17. See Fred Kaplan, "India's Summer," at www.slate.msu.com

18. Los Angeles Times (February 25, 2007).

19. Caldicott, The New Nuclear Danger, p. 15.

20. Los Angeles Times (June 13, 2006).

21. Los Angeles Times (March 2, 2007).

22. Lifton, Superpower Syndrome, p. 24.

23. Ibid., p. 41.

24. Ibid., p. 117.

25. Ibid., p. 130.

\ w.en.wikipedia/
cwc.org

27. Blum, Rogue State, pp. 105-6.

28. See David Rose, "Weapons of Self-Destruction," Vanity Fair (August 2006),
p. 110.

29. www.newsbbc.co.uk

30. Los Angeles Times (April 19, 2002).

31. See Rose, : ction," p. 112.

32. See Philip Jo Vietnam (New-
York: Trolley, 2004).

33. Peter Pringlf apons," in Gutman and Rieff, eds, Crimes of War,
pp. 74-5.

34. Blum, Rogue State, pp. 121-2.

35. Los Angeles Times (November 28, 2005).

36. Ibid.

37. www.bushfash.com

38. See Stephen uary 19, 2006).

39. See Peter L. Pellett, "Sanctions, Food, Nutrition, and Health in Iraq," in
Amove, Iraq Under Siege, pp. 151-68.

270 THE CRIMES OF EMPIRE

40. Michio Kaku, "Depleted Uranium: Huge Quantities of Dangerous Waste," in
Metal of Dishonor, pp. 111-15.

41. Quoted in Rose, "V )estruction," p. 111.

42. For an extensive account of the U.S. production, use, and justification of
DU, see Caldic -'"ger, pp. 153-7. See also Metal of
Dishonor, introduction.

43. Carolina Ositore, "U.S. Biochemical Research," Z Magazine (March 2007).
The U.S. has developed new grenades for use in biowarfare, in violation of
the BWC. See, for example, the Sunshine Project report of May 8, 2003, at
www.sunshine-project.org. The Sun: 1 13 university,
government, c have engaged in secret bii
research.

44. Los Angeles Times (September 15, 2006).

45. Edward Hamoud, "The Pentagon's Secret Chemical Weapons Program,"
CounterPunch (September 25, 2002).

46. Los Angeles Times (October 10, 2002). There were no less than 21 tests at
sea overseen by the Desert Test Center at Ft. Douglas, Utah.

47. Los Angeles Times (October 9, 2002).

48. See Endicott and Hagerman, The il Warfare, ch. 6.

49. Ibid., p. 100.

50. Ibid., pp. ix, x.

51. Ibid., p. 103.

52. Ibid., pp. 103-4.

53. Ibid., pp. 148-51.

54. Report on U.S. Crimes in Korea, pp. 28-7 to 28-12.

55. Los Angeles Times (February 11, 2007).

56. See www.wmdcommission.org/sida. asp?id=l

57. The proposals are contained in 1 1; 'moment Matters
(Cambridge, MA: MIT Press, 2008), pp. 75-95.

58. Ibid., pp. 61-2.

59. The Defense Monitor (September/October 2008), p. 13.

CHAPTER 5

1. Los Angeles Times (April 15, 2006).

2. Ward Churchill, A Little Matter of Genocide (San Francisco: City Lights Books,
1997), pp. 136-7.

3. Vine Deloria, Jr., Custer Died for Your Sins ( > ity of Oklahoma
Press, 1988), p. 28.

4. Ibid., p. 32.

5. Zinn, A People's History of the United States, p. 128.

6. Ibid., p. 140.

7. Robert J. M nca, Discovered and Conquered (Westport, CN:
Praeger, 2006).

8. Ibid., p. 9.

9. Ibid., p. 3.

10. See Judith Nies, Native American History (New York: Ballantine Books, 1996),
p. 268.

11. Ibid., p. 273.

12. Ibid., p. 274.

Quoted in ibid., p. 281.

Ibid., p. 297.

Deloria, Custer Died for Your Sins, p. 35.

Ibid., pp. 51-2.

Ibid., p. 51.

See Blum, Rogue State, pp. 184-99.

David Frum and Richard Perle, An End to Evil (New York: Random House,

2003), p. 267.

Ibid., pp. 271-2.

See Bennis, Before and After, p. 61.

See Blum, Rogue State, for these and related examples.

Ibid., pp. 186-92.

24. Ibid., pp. 191-6.

25. For extensive commentary on the evolution of Israeli outlawry, most of it
carried out with full American support, see Mearsheimer and Walt, The Israel
Lobby, pp. 49-77 and pp. 306-34.

26. See Andrew Kohut and Bruce Stokes, America Against the World (New York:
Times Books, 2006), p. 18.

27. Ibid., p. 88.

28. On the original concept of genocide, see Raphael Lemken, Axis Rule in
Occupied Eurt -inent, 1944). According
to Lemken, genocide is the coordina :i < )f a national,
religious, or racial group by a variety of actions aimed at undermining the
basis of survival of a gn ion has been clearly watered down
across the postwar years.

29. The text is contained in U.N. General Assembly Resolution 96 (I), passed
unanimously December 11, 1946.

30. For an excellent discussion of the Lugar-Helms-Hatch "sovereignty"
reservation, essentially reserving for the U.S. sole jurisdiction over its own
actions, see Churchill, A Little Matter of Genocide, pp. 383-87.

31. Ibid., p. 391.

32. See the pouv um-Sutn. I, ()/;
Genocide and . e Evidence and judgments of the International
War-Crimes Tribunal (Boston: Beacon Press, 1988).

33. On Israeli oppression of Palestinians as genocidal behavior, see Churchill, A
Little Matter of Genocide, pp. 73-5, and James Petras, The Power of Israel
in the United States (Atlanta: Clarity Press, 2006), pp. 45-6 and pp. 115-17.

34. It is well km da Meir remarked, in 1968, that in fact
"there were no Palestinians," esscn any claims of Palestinian
statehood — a view that continues to hold much currency within Israeli political
culture. See Men <\iel Lobby, p. 96.

35. Grossman, Weapons in Space, p. 17.

36. Ibid., p. 61.

37. See Beth Dickey, "Bush Rethinking Space Treaty," at www.goveexec.com/
dailyfed/2007

38. www.state/gov.htm/2007

39. See, for example, Laura Griego's Senate testimony of May 3, 2007, at www.
ucusa.org/global/2007

40. Grossman hice, pp. 24-5.

272 THE CRIMES OF EMPIRE

41. The United Nations Intergovernmental Panel on Climate Change issued four
reports in 2007. juts-reports. htm

42. Los Angeles Times (April 7, 2007).

43. Sands, Lawless World, p. 70.

44. Los Angeles Times (December 17, 2005).

45. Robert F. Kennedy, Jr., "The Junk Science of George W. Bush," The Nation
(March 8, 2004).

46. See Chris Mooney, "Climate of Denial," Mother Jones (June 2005), p. 36.

47. On Washing global warming,
see In These Times (April 2007).

48. On the increasing closure of the public sphere, see Boggs, The En J <>/ Politics.
and David Brock, The Republican Noise Machine (New York: Crown
Publishers, 2004), chs 1-3.

CHAPTER 6

1. Persico, Nuremberg, p. 437.

2. Ibid., p. 442.

3. New York Times (February 11, 2002).

4. Quoted in Gary Jonathan Bass, Stay the Hand of Vengeance (Princeton, NJ:
Princeton University Press, 2000), p. 282.

5. Cigar and Wil

6. On the Krajina massacres, see Gregory Elich, "The Invasion of Serbian
Krajina," in Clark, et al., NATO in the Balkans, pp. 130-40. On the larger
historical context, see Jo on's NATO Strategy," in
Catalinotto and Flounders, eds, Hidden Agenda, pp. 153-64.

7. See Mandel, How America Gets Away With Murder, pp. 97-8.

8. Quoted in ibid., p. 112.

9. Ibid., p. 132.

10. John Loughland, Travesty: The Trt lilosevic and the Corruption
of International Justice (London: Pluto Press, 2007), p. 66.

11. On U.S. and NATO interests in the Balkans, see Catalinotto, "Washington's
NATO Strategy," Sean Gervasi, "Why is NATO in Yugoslavia?," in Clark, et
al., NATO in The Balkans, pp. 29-46; and Parenti, To Kill a Nation, chs 2

12. Johnstone, Fool's Crusade, p. 101.

13. For a brief summary of Milosevic's own statement regarding the ICTY
proceedings, see his "Illegitimacy of the 'Tribunal'," in Catalinotto and
Flounders, Hidden Agenda, pp. 59-74.

14. Los Angeles Times (July 12, 2007).

15. See Dimitri Oram, SWANS Commentary of February 26, 2007, at www.swans.

16. See Gervasi, "Why is NATO in Yugoslavia?," pp. 30-33.

17. New York Times (March 8, 1992).

18. See Chandler, "International Justice," p. 65.

19. Telford Tavl ;lc Books, 1970),
p. 39.

20. Los Angeles Times (November 17, 2005).

21. Los Angeles Times (November 17, 2005).

NOTES 273

22. See www.u ttnl. Reid had been in Iraq
since 2004, in rights to Iraqi corrections officers in
prisons around Baghdad" before he c Crimes Liaison's Office
first field office, which investigated atrocities said to be committed by the
Hussein regime. In March 2005 Re; rimes Liaison.

23. For Mike Newton's CO ilvement, see www/law.vanderbilt.edu

24. See www.utexas,edu/law/news/2005/09 140_sievert.html

25. On Christian Eckart's involvement with the Hussein tribunal, see www.Isr.
nellco.org/cornell/lps/papers/13

26. Quoted in Los Angeles Times (March 6, 2006).

27. For the Amnesty International response, see www.globalresearch.ca/index.
php?context=va&aid=3763

28. See the report of Peter Symonds, "Hussein Trial Descends into a Legal Farce,"
atwww.wsws.org/articles/2006/jan2006/iraq-j31.shtml

29. On the notion of a "Grotian Moment," see, for example, the commentary of
Mike Newton, who served as an adviser to Iraqi jurists, at www.law.vanderbilt.
edu/about/news/2005/1 l_14b.htm

30. www.new-info.wustl.edu/news

31. www.wsws.org/articles

32. Sands, Lawless World, ch. 1.

33. Los Angeles Times (August 3, 2002).

34. Los Angeles Times (July 13, 2002).

35. Sands, Lawless World, p. 48.

36. Los Angeles Times (October 9, 2004).

37. Falk, Human Rights Horizons, p. 25.

38. Hitchens, The Trial of Henry Kissinger, p. 33.

39. Los Angeles Times (June 8, 2007).

40. See Ralph G. Kershaw, "Criminal Tribunal for Rwanda," Covert Action
Quarterly (Fall 2002), p. 36.

41. Los Angeles Times (August 5, 2007).

42. Ibid.

43. Los Angeles Times (June 7, 2007).

44. Edward S. Herman and David Peterson, "The Dismantling of Yugoslavia,"
Monthly Review (October 2007), p. 47.

45. Mandel, How America Gets Away With Murder, p. 233.

46. Ibid., p. 235.

1. Los Angeles Times (October 3, 2006).

2. Los Angeles Times (December 6, 2005).

3. The Convention against Torture (1984) is consistent with Article 5 of the
UDHR, passed by the U.N. General Assembly without dissent in December
1948.

4. On the Washita River massacre, see Nies, Native American History, p. 276.

5. Cited in Churchill, A Little Matter of Genocide, p. 233.

6. Ibid., p. 234.

7. Dower, War Without Mercy, pp. 64-6.

8. Cited in ibid., p. 70.

9. Ibid., pp. 72-3.

274 THE CRIMES OF EMPIRE

10. See, for example, Gibson, The Perfect War, pp. 138-42.

11. Ibid., p. 149.

12. Cited in ibid., p. 184.

13. Cited in ibid., pp. 202-3.

14. Ibid., p. 203.

15. Ibid., p. 226.

16. Rhodes, Why They Kill, p. 300.

17. Cited in ibid., p. 303.

18. See Gibson, The Perfect War, pp. 300-1.

19. Harbury, Truth, Torture, and the American Way, p. 29.

20. Ibid., p. 30.

21. Ibid., p. 98.

22. Petras, The Power of Israel in the United States, pp. 88-9.

23. Los Angeles Times (June 27, 2007).

24. Stephen Grey, Ghost Plane: the True Story of the CIA Torture Program (New
York: St. Martin's, 2006).

25. Mohamed Bazzi, "The CIA's Italian Job," The Nation (April 9, 2007).

26. See Sands, Lawless World, pp. 212-14.

27. See Michael Ratner and Ellen Ra (White River Junction, VT:
Chelsea Green, 2004), pp. 117-18.

28. Sands, Lawless World, pp. 156-7.

29. See David Rose, Guantanamo: the War on I New York: The
New Press, 2004), pp. 9-11.

30. On the tendency of U.S. operatives to elicit false information, see Ratner and
Ray, Guanlanamo, pp. 55-8.

31. Rose, Guanlanamo, ch. 1.

32. Aside from and Rose books cited above, see Mark Danner,
Torture and Truth: America, Abu Ghraih, and the War on Terror (New York:
New York Review of Books, 2004).

33. Ratner and Ray, Guantanamo, p. xvi.

34. Aaron Sussman, "The MCA," Z Magazine (January 2007).

35. Ratner and Ray, Guantanamo, p. 41.

36. Rose, Guantanamo, p. 114.

37. Ibid., pp. 121-2.

38. Ratner and Ray, Guantanamo, p. 46.

39. Cited in Rose, Guantanamo, pp. 38-9.

40. Seymour Hersh, "Torture at Abu Ghraib," The New Yorker (May 10, 2004).
This article was followed in the next issues of The New Yorker by two more
pieces, "Chain of Command" and "The Grey Zone," dealing with torture at
Abu Ghraib.

41. www.en.wilt \bu_Ghraib_prisoner_abuse

42. General Taguba's damning report, never meant for public release, was
completed in February 2004.

43. www.en.wik h_prisoner_abuse

44. Ibid.

45. www.hrw.org/english/2005/04/27

46. www.cbc.ca/news/background/iraq

47. Los Angeles Times (July 15, 2007).

48. See Los Angeles Times (June 19, 2004).

49. www.en.wik b_prisoner_abuse

54. Ibid.

55. Ibid.

56. See JoAnn Wypijewski, "The Final Act at Abu Ghraib," Mother Jones (Api
2008).

57. Cited in ibid., p. 40.

58. Cited in ibid., p. 35.

59. On the efforts of Blackwater and other PMCs to resist UCMJ legal jurisdictioi
see Jeremy Scahill, Blackwater: the Rise of the World's Most Powerfi
Mercenary Army (New York: Nation Books, 2007), pp. xxi-xxii.
Los Angeles Times (September 18, 2007).
Los Angeles Times (September 22, 2007).
Los Angeles Times (September 18, 2007).

63. Ibid.

64. www.en.wik Pnvate_military_contractor
See Ken Silverstein, Private Warriors (London: Verso, 2000), pp. 172-3.
www.en.wikipi

Ibid., p. 289.

Los Angeles Times (September 21, 2007).

Ibid.

76. See Mirko }.'■

Permissible (Albany: SUNY Press, 2007), pp. vii, vih.

77. San Francisco Chronicle (August 1, 2007).

CONCLUSION

1. On the spread of U.S. military bases around the world and development of
the "new imperialism," see Chalmers Johnson, The Sorrows of Empire (New
York: Henry Holt, 2004), ch. 1.

2. Ibid., p. 30.

3. See Carl Bo;. nham, MD: Rowman and Littlefield,
2006), chs 1-4.

4. Chalmers Johnson, Nemesis (New York: Henry Holt, 2006), p. 278.

5. Hedges, War is a Force That Gives Us Meaning, p. 103.

6. Matt Taibbi, "John McCain's Lust for War," Rolling Stone (March 6, 2008),
p. 34.

7. The Defense Monitor (March/April, 2008).

8. See Steve Rendell, "Wl telligence Estimate?," Extra (March/
April, 2008).

276 THE CRIMES OF EMPIRE

9. On the general U.S. record of obstructionism at the United Nations, see Blum,
Rogue State, pp. 184-99. On U.S. efforts to manipulate the U.N. in the lead-up
to the Iraq invasion, see Bennis, Before and After, pp. 106-36.

10. Mandel, How America Gets Away With Murder, p. 215.

11. See Joseph'- )ollar War (New
York: W.W. Norton, 2008).

12. The Defense Monitor (March/April, 2008).

POSTSCRIPT

1. See Henry T. Nash, "The Bureaucratization of Homicide," in E.P. Thompson
and Dan Smith, eds, Protest and Survive (New York: Monthly Review Press,
1981), pp. 149-62.

2. Gibson, The Perfect War, p. 464.

3. Quoted in Kelman and Hamilton, "The My Lai Massacre: A Military Crime
of Obedience," pp. 17-28.

4. Hedges, War is a Force That Gives Us Meaning, pp. 87-8.

5. Rhodes, Why They Kill, pp. 299-300.

6. Cited in ibid., p. 304.

7. Cited in Belknap, The Vietnam War on Trial, p. 49.

8. Rhodes, Why They Kill, p. 306.

9. See the analysis in Kelman and Hamilton, "The My Lai Massacre."

10. Cited in ibid., p. 24.

11. Ibid.,]

12. Ibid.,]

13. Belknap, The Vietnam War on Trial, p. 79.

14. Ibid., p. 87.

15. Ibid., p. 117.

16. Ibid.,] '-

17. Ibid.,]

18. Persico, Nuremberg, p. 440.

19. Ibid., p. 188.

20. Hannah Art m (New York: Penguin, 1963), p. 276.

21. Model, Lying for Empire, p. 301.

Index

Compiled by Sue Carlton

9/11 terrorist attacks 14, 20, 33, 72,

91,200,217
60 Minutes 223
Abdel Rahman, Raouf 193
Abrams, Elliot 107
Abu Ghraib prison (Iraq) 16, 48, 80,
145, 199, 215, 223-32
and PMCs 232
responses to abuses 73, 198, 207-8,

221, 229, 239, 240
responsibility of higher officers
226-8, 230-1, 238, 259
accountability 1-2, 161, 179, 180,

195,199,249
Achcar, Gilbert 22
aerial bombardment

anti-personnel bombs 86, 104, 114,

145
carpet bombing 49, 70
and civilian casualties 50, 54, 59,

61,64-73,178,185-6,211

precision bombing 64, 73, 87-8

saturation bombing 50, 54, 66, 68,

69,86,115, 178,211,252

aerial terrorism 14, 32, 53, 64, 67, 69,

73,115,181,185,188
Afghanistan 23, 24, 89, 115, 121, 144,

Albright, Madeleine 33, 181, 186
Ali, Tariq 48

Alien Tort Claims Act (1789) 235
American Civil Liberties Union

(ACLU) 228, 235
American Enterprise Institute (AEI) 42,

104, 167, 173
American Indian Movement (AIM)

152
American Service Member's Protection

Act (2002) 198
Amnesty International 90, 95, 102,

103,194,218,241
Anak (Korea) 75
Annan, Kofi 194
anthrax 129, 134
Anti-Ballistic Missile treaty (ABM)

113, 120, 146
anti-satellite (ASAT) weapons 169
Al Arabiya TV 24
Arbenz, Jacobo 95
Archivo 95
Arendt, Hannah 259
Argentina 180
Aristide, Jean-Bertrand 31
Arkan's Tigers 90

arms race 146, 156, 166, 167, 168-9
Atlantic Charter (1942) 154
axis of evil 119

U.S.

U.S. proxy wars 89, 90, 92
and war on terror 33, 72, 121

Agent Orange 69, 127, 128-9

Ahmadinejad regime 43, 44

AIPAC (American Israel Public Affairs
Committee) 23, 104

Ajami, Fouad 229

Alabama 149

Alamogordo 126

Albanian separatists 99

Ba'ath Party 37, 115, 190, 191
Bagaric, Mirko 239
Baghdad 61, 73
Bagram Air Force Base 219

U.S. use of chemical weapons 130,

131
U.S./NATO war in 8, 22, 32-3, 47,

97-100, 115
see also Bosnia; Yugoslavia
Bamford, James 39
Bandar, Awar Hamed 190

278 THE CRIMES OF EMPIRE

Barker, Lt. Col. Frank 253
Bechtel 10, 41
Beirut, siege of 104
Belknap, Michael 254
Bell Telephone Hour 213
Ben Tre (Vietnam) 128
Bennis, Phyllis 63
Berger, Samuel 38
Berlin 64, 178

Bertrand Russell Tribunal 57
Betts, Corporal Joshua Lee 226
BG (bacterium) 134
Biden, Joseph 24
Bilmes, Linda 248
bin Laden, Osama 20
biological weapons 114, 133-7, 156
U.S. testing programs 134, 136

(BWC) 113,133-4,136,145
Bishop, Maurice 30
Blackwater 10, 232, 233-6, 237
Blair, Tony 33, 186, 192
Blix, Dr. Hans 138, 143
Blum, William 28
body count 250

ing 56, 60, 74, 76, 82,251,

ind Abu Ghraib revelat
224

is 207,

258
and My Lai massacre 251, 253, 254

Boeing Company 235

Bolivia 180

Bolton, John 159

Boot, Max 20

Bosch, Juan 30

Bosnia 90, 92, 98, 185, 235

Bosnian Muslims 97, 185

botulinum 129

Bozeman Trail 151

Bremer, L. Paul, III 40, 233

Brody, Reed 228

Brokaw, Tom 20

Bundy, McGeorge 29, 258

Bush Doctrine 5, 34, 35, 242
see also preemptive war

Bush, George H.W./first Bush adminis-
tration 31, 58, 71, 98

Bush, George W./second Bush adminis-
tration 24, 25, 46, 244
and 9/11/war on terror 14, 35-6,
72,112,120, 144,217-18

attitude to torture 198-9
and chemical and biological

weapons 132, 134
and climate change 170, 171, 172-5
and ICC 176, 197-9
and international law 9, 14, 45,

147, 155, 159, 166, 192, 218-19,

239
and Iran threat 245-6
and Iraq Tribunal 190-3, 195
military commissions 218-19
and nuclear weapons 15, 119-20,

121-4, 167-8
and regime change plans 38, 39-40,

41, 43, 105
and rendition 239
sanctions against Iraq 115, 116
and treatment of detainees 204,

207, 217-18, 220, 221, 222, 224,

231-3
and U.N. 155-6,159
war against Iraq 17, 20-1, 35,

42-3, 84, 88, 129, 155

see also Iraq War
war crimes 46, 202, 205, 258, 260
and weaponization of space 168

Caldicott, Helen 120, 125

Calley, Lt. William 57, 77, 204, 251,

253, 255
Cambodia 29, 55, 70, 163, 202
Camp Bondsteel 100
Cardona, Sgt. Santos 226
Caribbean 11, 30
Carr, Caleb 49
Carter administration 96

(CCR) 205, 220-1
Central America 10, 11, 30, 90,

214-16, 236
U.S. proxy warfare 93-7
Chalabi, Ahmed 18, 38
Chandler, Captain Melbourne 75
Chandler, David 8, 22
. t, George 70
Charlie Company 251, 252, 253, 254,

257-8

Charter of the International Military

Tribunal 49, 51
Chechnya 92

chemical weapons 55, 69, 72, 86,
126-33, 156, 252

effects of 128-9, 131, 132-3

and international law 127-8, 129
Chemical Weapons Convention (CWC)

113, 127, 130, 145
Cheney, Dick 35-6, 38, 192, 202, 219,

258
Chevron 10, 41
Cheyennes 151
Chile 89

China, and climate change 172, 174
Chivington, Colonel John 210
Choctaws 150
cholera 135, 136

Chomsky, Noam 5, 22, 84, 86, 95, 96-7
Christian Phalange 103
Christopher, Warren 98
Churchill, Ward 48, 162
CIA

and Central America 93, 95-6

covert operations 26

detention methods 214-15, 216-17,
221, 223, 224, 227, 232

detention sites 145, 198, 232

and Indonesia 91-2

and Iran 123

and Iraq 37-8, 39, 40

rendition programs 24, 207,
216-17,219,235,238,239

use of PMCs 234, 235

and Yugoslavia 98, 99, 100
Cigar, Norman 181

attacks on 14, 115, 145, 185-6
and intent 83-4, 86, 88
and military necessity 52

casualties 15, 34, 48-88, 94-5

54,59,61,64-73,178,185-6,

59-60

World War II 49-50, 53, 64,
65-7, 178

see also collateral damage
killed by PMC employees 233

Clark, General Wesley 32, 33, 186,

207
Clark, Julie 239
Clarke, Richard 40
climate change see global warming
Climate Change Conference

(Montreal) 171-2
Clinton, Bill/Clinton administration
attacks on Al Qaeda 73
and Balkans 32, 33
and climate change 171
and dangers of WMD 129
and Haiti 31
and ICC 176
and Saddam Hussein 37, 38

Iraq 115, 116
146
of detainees 217
and war crimes 33, 186
Clinton, Hillary 24, 244
cluster bombs 69-70, 107, 115
Coalition Provisional Authority 195
coalition of the willing 36
Cohen, William 33, 186
Cold War 29, 89, 91, 92, 117, 161
collateral damage 21, 52, 53, 63, 125

see also civilians
Colombia 89, 90, 130, 235

■
Columbus Day 13
Communism 28, 29, 161
Communist Party of Indonesia (PKI)
91

hensive Test Ban Treaty
(CTBT) 113, 119-20, 122, 142,
156
Contras (Nicaragua) 96
Convention Against Torture 198, 209,

220, 228
corporations, profits from U.S.

interventions 9-10, 40-1, 100
Council on Foreign Relations 167
counterinsurgency 29, 52, 69, 94, 214,

215
Cowan, Lt. Col. Bill 223
Creeks 149

crimes against humanity 1, 51, 160,
164, 197, 241

280 THE CRIMES OF EMPIRE

crimes against peace 1, 14, 19, 26, 30,

31,44, 179
Croatia 183

Cuba, U.S. embargo on 157
Cuban missile crisis (1962) 117, 121
Custer, General George Armstrong

210

Dailey, General John 67
'daisy-cutter' bombs 71
Dancing Rabbit Creek treaty (1830)

150
Darfur 202, 203
Daskai, Jennifer 204
D'Aubisson, Roberto 94
Davis, Sgt. Javal 226
Dawkins, Richard 2-3
De Soto, Alvaro 106-7
dead-checking 225
death squads 14, 89, 90, 94, 95, 215,

250
Declaration on the Rights of

Indigenous Peoples 157
Defense Monitor 143, 248
Defense Planning Guidance 41
defoliants 127, 128, 130, 252
DelPonte, Carla 22, 33, 186
Dellums Committee 56-7
Deloria, Vine 148, 153
Delta Force 216
depleted uranium (DU) 32, 59, 61, 71,

72, 86, 114, 127, 130-3
Dershowitz, Alan 20, 239
Desert Test Center 134
dioxin 128

Discovery Doctrine 149-50, 165
Dominican Re

Dostum, General Abdul Rashid 80
Douglas, Justice William O. 68
Dow 129

Dower, John 53, 212
Dresden 64, 66-7, 178
Dugway Proving Grounds 136
Dujail killings (1982) 190
DynCorp 232, 235

Earth Summit (Rio-1992) 170
East Jerusalem 102
East Timor 91-2
Eckart, Christian 191-2

against Iraq 32, 37, 59-60, 113,
115-17, 163

as form of WMD 114,115-17
Edgewood Biological and Chemical

Center 133
Egypt 122, 139
Ehrenreich, Barbara 63
Eichmann, Adolf 259
Eisenhower, Dwight D. 135
El Chorillo, Panama City 31, 80
El Salvador 89, 94-5, 214, 215
ElBaradei, Mohamed 19, 122
emissions caps 172, 174

encephalitis 15, 134, 136
Endicott, Stephen 54, 68, 135-6
enemy, dehumanization of 63, 78, 80,

109,211,213,249,253
England, Pfc. Lynndie 226-7
Enola Gay 67, 126, 260
environment/ecological crisis see global

Environmental Protection Agency

(EPA) 172
ethnic cleansing 9, 14, 32, 51, 73, 97,

98, 99, 181, 184-5
see also genocide
EURATOM inspections 142
ExxonMobil 10, 41, 173

Fadlallah, Sayyid Muhammed Hosayn

106
Falk, Richard 200, 206
Fallujah 61-2, 73, 130
Fay, General George R. 230
Federal Republic of Yugoslavia (FRY)
targeted for demolition 97-8
see also Balkans; Yugoslavia
Finkelstein, Norman 102
Florida 149
Foreign Operations Appropriation

Law 97
Fort Greeley 168

Fort Laramie Treaty (1851) 150, 151
Fort Leonard Wood 134
Framework Convention for Tobacco

Control 146
Frederick, Sgt. Ivan 226
freedom fighters 92, 96, 99

NDEX 281

Frontline, documentary on Haditha

81,82
Frum, David 156
fuel-air explosives (FAEs) 115
Fuller, General Bonner 66
Fuqua, Don 255

G-8 Summit (Germany-2007) 174

G2 95

Gates, Robert 24

Gaza 158

blockade 108, 109

Israeli attack (2009) 23-4, 107-10,
246
General Allotment Act (1887) 151
General Electric 167
Geneva Conventions and Protocols 1,
3, 40, 144, 176, 241

ls 59, 1

laws of occupation 40, 145, 194-5,

and nuclear weapons 113
and protection of civilians 15, 32,
50,61,65,101,116,130,132,

it of prisoners 198-9, 204,
207, 209, 218, 220, 221, 227,
228
genocide 9, 13, 14, 32, 51, 57, 159-66
definition of 160
Serbs and 32, 97, 98, 99, 184-5,

187
U.N. Convention on 145, 146, 160-6
see also ethnic cleansing
Genocide Convention Imple
Act (1989), U.S.
161-2, 166
Georgia 149
German Marshall Fund survey (2005)

159
Germany 36, 44, 50, 64

and war in Balkans 98, 183
Gibson, William 57, 76, 250
Global Climate and Energy Project

(Stanford University) 173
Global Nuclear Energy Partnership
124

global warming 169-75

dismissed by U.S. 172-4, 246
globalization 4-5, 10, 40, 41, 88, 120,

199, 242
glyphosate 130
Goering, Herman 160
Goldsmith, Jack 20
Goldstone, Richard 187
Gonzales, Alberto 196, 218
Gordon, Joy 59, 116-17
Graner, Specialist Charles 226-7
Grant, Ulysses S. 151
Grayling, A.C. 66
Greater Serbia 97, 181,184
Grenada 30, 58
Grey, Stephen 216
Grossman, Karl 166-7, 169
Grotius, Hugo 177

(GMD) 168
Guantanamo Bay (Cuba) 24, 204,

217-23, 227, 228, 231-2, 239
and illegality 207, 223
interrogation and torture 21, 145,

192, 198, 207-8, 215, 217-18,

222-3, 239
Guatemala 89, 94-5, 215
Guernica (Spain) 112
guerrilla warfare 52, 56, 64, 74, 88, 94
Gulf of Tonkin crisis 30
Gulf War (1991) 31-2, 70-1
Gulf War Syndrome 131-2

Haditha massacre (Iraq) 16, 81-2, 249
Hagerman, Edward 54, 68, 135-6
The Hague Conventions 1, 49, 59, 64,

127-8, 129, 132, 176, 178, 186,

241
The Hague Tribunal (ICTY) 33, 72,

90, 97, 100, 163, 177, 180-90,

193,203
biased 182-3, 186-7, 188-9, 205-6
Haiju (Korea) 75
Haiti 30, 31
Halliburton 41
Hamas 24, 107, 108, 110
Hamburg 64, 178
Haradinaj, Ramush 188-9
Harbury, Jennifer 214-15
Hardan, Dr. Ahmad 131

282 THE CRIMES OF EMPIRE

Hariri, Rafik 203

Harman, Specialist Sabrina 226, 230

Harris, Sam 21, 84-5, 86, 87

Harrison, Benjamin 151

Harun, Ahmad 203

Hasan, Barzan Ibrahim 190

Hatfield Report 128

Hedges, Chris 20, 87, 243, 251

Helms, Jesse 146

Henry, Medic Jamie 77

herbicides 127

Heritage Foundation 42, 167

Herman, Edward 18, 19, 22, 48,

205-6
Hersch, Seymour 77, 220, 223, 254
Hezbollah 106, 107
high-order conventional weapons

114
Hiro, Dilip 38

bombings 65-6, 67, 86, 112, 138,
241,251,260
and Allies' immunity 178
and minimal significance for
military outcome 115, 119
Hitchens, Christopher 30, 85, 87
Hobbes, Thomas 177
Holliday, Denis 18
Homestead Act (1852) 150-1
Honduras 96, 214
Horst, General Karl 235
Hudson Institute 104
human rights 4, 5

abuses 18, 63, 90, 100, 158, 180,
241

owing orders 251, 253,
256, 257-8
see also crimes against h

Human Rights Watch (HRW) 103,

204,218,227-8,229,241
humanitarian intervention 8-9, 32, 71,

99, 183-4
Hussein, Saddam 19, 20, 34, 37-9, 41,
46, 85, 260
execution 190
links to Al Qaeda 20, 35
trial of 9, 20, 40, 163-4, 190-6
weapons used against Kurds 130
Hums 203

incendiary devices 104, 115, 127, 130
India

and climate change 172, 174
and nuclear weapons 15, 43, 105,
122, 123, 141, 245
Indochina 29, 55-7, 70, 115, 163, 164
Indonesia 89, 90, 91-2, 163
Inhofe, James 229
insects, disease-carrying 135, 136
International Atomic Energy Agency
(IAEA) 19, 122, 123, 142,246
International Court of Justice (ICJ) 189
International Criminal Court (ICC) 1,
21,106, 145, 176,196-9,241
and Israeli attack on Gaza 110
and protection of civilians 51
and U.S. immunity/exemptions 145,

162, 197-8, 206, 218
U.S. opposition to 5, 16, 180, 192,
196-7, 200, 202, 203, 205, 247
International Criminal Tribunal for the
former Yugoslavia (ICTY) see
The Hague Tribunal
International Criminal Tribunal for

Rwanda (ICTR) 163, 202-3
international law 1-4, 47
evolving consensus 199-200
failures of 241-2
limits to 8, 20, 45
regulation of warfare 1 76-7
subversion by U.S. 6, 199-205
and universality 8, 51, 67, 154,

176, 177, 179, 180, 197
see also Geneva Conventions;
International Court of Justice
(ICC); rules of engagement;

States, disregard for intc

law; war-crimes tribunals

International Monetary Fund (IMF) 97

International War-Crimes Tribunal

Commission for Inquiry 71

see also war-crimes tribunals

interrogation 219, 220, 222, 225, 226,

228,231,239
Iran 89, 106

as threat to Israel 43
threats against 244-5
U.S. plans for regime change 42-4
and WMD 7, 15, 42-3, 105, 112,
119,122,123,139,245-6

Iran Freedom Support Act (2006) 43
Iran-Iraq War (1980-88) 90

and chemical weapons 129

economic sanctions 32, 37, 59-60,

113, 115-17, 163
first U.S.-led invasion see Gulf War
invasion of Kuwait 31
links with Al Qaeda 20, 35, 38, 40
no-fly zones 32, 37

>r 1 1-;

ida against 39
second U.S.-led invasion see Iraq

War (second)
support for Palestinians 37
U.S. atrocities 80-2, 87

see also Abu Ghraib prison
U.S. espionage activities 37-8, 159
U.S. military bases 23, 42
U.S. plans for regime change 37-40,

105
U.S. use of chemical weapons 130,

131-2
U.S. withdrawal from 23
and WMD 18-19, 20, 35-6, 38, 40,
59,112,113,119,121
Iraq Bar Association I 92
Iraq Liberation Act (1998) 35, 38, 129
Iraq National Congress (INC) 38
Iraq Study Group 42
Iraq Tribunal (Iraq Higher Criminal
Court-IHCC) 190-6
uion of 192-6
defense team harassed 192-3
heralded as triumph 190-2, 196
illegitimacy of 194-5, 196
Iraq War (second) 9-10, 17-21, 26,
34^4, 155, 159,242
cost of 248

as crime of aggression 258
illegality of 35, 36, 40, 88, 159,

196, 202, 242
and Israeli lobby 24, 105, 106
and U.S. economic interests 40-2
Ishaqi (Iraq) 82

1982 invasion of Lebanon 103-4
and abduction of IDF soldiers 107
arms from U.S. 24, 90, 103

s 108-9, 216
attacks on Lebanon (2006) 107,

159
calls for war crimes charges 109-10
collective punishment 109
genocidal behavior 163, 165, 166
and nuclear weapons 15, 43, 105,

122,139,141,245
reckless use of force 102-3
refugee camp massacres 103, 104
settlement policy 101-2, 103, 104,

158
treatment of prisoners 103
U.S. proxy war 100-10
U.S. support 15, 23-4, 89, 102,

103, 104-7, 109, 158-9, 246
and violation of international law

101, 102-4
Israel Policy Forum (IPP) 104
Israeli Defense Forces (IDF) 102, 103,

108
Izetbegovic regime (Bosnia) 33, 73

Jackson, Andrew 12, 13, 149

Jamail, Dahr 80

Japan

aerial bombardment 115, 211

atomic bombings
Japanese, dehumanization of 53-4

Jeppeson Dataplan, Inc. (San Jose) 235

Jessen-Petersen, Soren 188

Jewish Institute for National Security

Affairs (JINSA) 104
Joffe, Roland 126
Johns Hopkins School of Public Health

60
Johnson, Chalmers 242, 243
Johnson, Lyndon B. 30, 258
Johnson v. Mclntosli 150
Johnstone, Diana 22, 99
Jones, General Anthony R. 230
Jones, James 24
Jordan 158

Jordan, Lt. Col. Steven 227, 230-1
Joseph, Robert G. 168
Juhasz, Antonia 9-10, 40-1, 88

Kagame, Paul 203

284 THE CRIMES OF EMPIRE

Kagan, Robert 7, 20

Kaltenbrunner, Ernst 259

Kant, Immanuel 177, 205

Kaplan, Robert 20

Karpinski, Brigadier General Janis 227,
228,229

Kashmir 36

KBR 232

Kean, General William B. 75

Kellogg-Briand Act (1928) 1, 153-4,
179

Kennedy, John F. 29, 30, 202, 258

Kennedy, Robert, Jr. 172

Kennedy, Rory 229

Kerrey, Robert 79-80, 259

Khalil, Bashra 194

Khosaa (Gaza) 108

Kilo Company 81

Kimmit, Brigadier General Mark 223

Kissinger, Henry 30, 70, 202

Klann, Gerhard 79

Korean War (1950-53) 28-9, 54-5,
154
aerial terrorism 67-8, 115, 135
U.S. atrocities 74-5, 135
U.S. genocidal behavior 163, 164
and U.S. nuclear threat 117, 119,

121
and use of biological weapons 134,
135-6

Kosovar Albanians 182
Kosovo 99, 100, 183, 189
Kosovo Liberation Army (KLA) 33,

97,99, 183,185,189
Krajina region (Croatia) 98, 183

.. Dennis 143
Kurds 92-3, 190
Kyoto Protocol (1997) 145, 146,

170-1, 174, 175, 246

land-mines treaty 145

Laos 29, 55, 70, 202

Le Cao Dai 128

League of Nations 154, 177

Leay, Admiral William D. 118-19

Lebanon 203

1982 Israeli invasion 103-4, 201
attacked by Israel (2006) 107

LeMay, General Curtis 64, 66
Lemke, Raphael 160
Levinson, Barry 32, 185
Lewis, Anthony 181
Libya, U.S. aerial bomb.

(1980s) 33
life-support systems, destruction of 86,

135,185
Lifton, Robert Jay 7, 125-6
Limbaugh, Rush 20-1, 229

. Charles 211
Lindqvist, Sven 64, 65, 68, 70, 117
Livermore nuclear laboratory 125
Lockheed-Martin 10, 41, 167
Lopezromo, Marine Corporal Saul 225
Los Alamos nuclear laboratory 125
Los Angeles Times 77, 108, 234

MA (biological agent) 134

MacArthur, General Douglas 54, 66

McCain, John 244

McDermott, Jim 132

Machtpolitik 6, 247

McNamara, Robert 29, 121, 202, 258

Mandel, Michael 22, 206, 247

Manhattan Project 112

Manifest Destiny 6, 9, 10, 12, 13, 49,

63, 124, 126, 151
Marcos, Ferdinand 201
/.. Chu Chu 58
Mearsheimer, John 104-5, 106
media 9, 15, 46-7

and Balkans 33, 97-8, 99, 181,

182, 185,189
and climate change 173, 174
and Guantanamo and Abu Ghraib
prisons 207, 221, 225, 228, 230,
239-40
and The Hague Tribunal 72, 181,

203
and Iraq Tribunal 190-1, 194
and Iraq War 18-20, 34, 39, 73, 80,

165
and Israel 109
jingoism 63
and U.S. atrocities in Vietnam 79,

213, 214, 254-5
and U.S. proxy wars 93, 96, 110-11
and U.S. war crimes 21
Medical General Lab. (Far East) 134-5

NDEX 285

Meir, Golda 165
mercenaries/private soldiers 232-7

immunity 232, 233, 234, 235, 237
methyl bromide 133
Mexico, conquest of 10, 11
Middle East

as nuclear-free zone 122, 139

U.S. democratization plans 20

and U.S. interests 9, 23, 34, 37,
40-2,97,195,238,242-3

and U.S. military bases 243, 244
Mikolashek, Lt. General Paul T. 230
military commissions 218, 222
Military Commissions Act (2006) 204,

205, 221
Military Professional Resources, Inc.

(MPRI) 98, 232, 235
Miller, Judith 18, 19

ajor General Geoffrey D.
199, 222, 227, 229
Miller, Robert 149-50
Milosevic, Slobodan

demonization of 19, 32, 46, 97, 99,
181-2

ethnic cleansing/genocide
accusations 97, 98, 164, 184

The Hague Tribunal 72, 90, 100,
181, 186, 187-8, 193

as impediment to U.S. do
of Balkans 189-90
missile shields 245
Model, David 22, 260
Monroe Doctrine (1823) 11, 49
Monsanto 129, 130
Montana Post 151
moral Zeitgeist 1 7

changes in 2-4, 50, 51, 199, 241

U.S. departure from 5
Moreno-Ocampo, Luis 110
Moret, Leuren 131
Morgan, Thomas 151-2
Moscow Treaty (2002) 119
Mossad 216

Moussaoui, Zacarias 113
al-Moussawi, Jaafar 192
Muravchik, Joshua 43
Murray, Douglas 85-6, 87
Musharraf regime 122
Muslim militants/terrorists 46, 84, 85,
90,97,121,217

see also Al Qaeda

My Lai massacre (Vietnam) 16, 48,
76-80, 85, 204, 249, 250-1,
257-8
American public response to 254-6
as the norm 57, 213, 252-4
My Lai Museum 77

Nagasaki see Hiroshima and Nagasaki

atomic bombings
napalm 61, 67, 69, 70, 86, 93, 94,

114, 126-7

Administration (NASA), Project
Prometheus 167
National Intelligence Estimate (NIE)

report 245-6
National Missile Defense (NMD)

project 124, 166, 169
National Research Council (NRC) 172
National Security Strategy 45
NATO (North Atlantic Treaty
Organization)
eastward expansion 23, 33, 97,

100, 245
and The Hague Tribunal 180-90,

193
and war in Balkans 8, 32-3, 71-2,

97-100
war crimes 22, 33, 72, 186, 193
Naughton, Colonel James 132
Navy SEALs 214, 216
Nazi Germany 222, 259-60
as criminal enterprise 2, 44
and genocide 162, 163, 164
trial and punishment 26, 51, 160,
177-8, 256
Nazism 99, 157, 181, 182,260
Nelson, Tony 255
neocons 7, 14, 23, 63, 144, 155-6,
159,238
and Iraq War 18, 20, 36, 106
and perils of WMD 121,129

iq 34, 35, 38,
39, 43, 105
and U.S. business interests 9, 42
neoliberalism 5, 31, 97, 174, 175, 187,

199, 242
Netanyahu, Benjamin 109
Neumann, Michael 101
New York Times 18-19, 24

286 THE CRIMES OF EMPIRE

The New Yorker 223

Newton, Mike 191

Ngo Dinh Diem 30

Nicaragua 30, 89, 96, 146, 214, 215

Nixon, Richard 57, 70, 161, 202, 255,

258
No Gun Ri (Korea) 74, 75, 135, 251
Noriega, Manuel 19, 31, 46, 57, 58
North Korea 112, 119, 122

see also Korean War
Northern Alliance 80
Norton, Colonel Robert 231
Nuclear Non-Proliferation Treaty
(NPT) 15, 113, 117, 138-43

U.S. rejection and violation of 119,
122,123, 145,245,246
Nuclear Posture Review (2002) 114,

120
nuclear weapons 7, 114-15

'godlike capacity' 125-6

India 15, 43, 105, 122, 123, 141,

Israel 15, 43, 105, 1

245

12, 139, 141,

mutually assured destruction

(MAD) 120
Pakistan 15, 43, 105, 122, 141, 245
in space 166-9

U.S. 15, 86, 114, 117-26, 141-2,
245
nuclearism 126

Nuremberg Charter 26-7, 49, 51, 155
Nuremberg principles 27, 47, 50-1,

179, 199-200, 201
Nuremberg tribunal 1, 9, 30, 49, 154,
241,255,259
and immunity for allied powers

178-9
as precedent 44, 160, 176-80, 190,
256

)bama, Barack/Oban

22-5, 244
cabinet appointments 24
and global warming 175
and Guantanamo Bay 204, 217,

221
and ICC 197
and Iraq 23, 24, 42
and missile-shield project 245

and secrecy of CIA programs 235
support for Israel 23-4
occupation, laws of 40, 145, 194-5,

196
oil corporations 41
Oklahoma land rush (1889-90) 151
Omar, Abu 217
Operation Desert Storm 31-2, 58-9,

60, 69, 71
Operation Iraqi Freedom 18
Operation Storm (Croatia) 98
Oppenheimer, Robert J. 112

ition of American States
(OAS) 31
Rio Treaty 58
Outer- Space Treaty (OST) 113, 125,
145, 146, 156, 166-9

Pacific Railroad Act (1862) 150-1

arms from U.S. 90
and nuclear weapons 24, 43, 105,
122, 141, 155

Palestinians 101-2
Iraqi support for 37
moral case for 105
right to self-determination 24, 101,
158-9

■e solut

i 158

Panama 30, 31, 39, 144, 155, 1;
214
civilian casualties 57-8
Canal 31, 58
Pappas, Colonel Thomas 227
Parenti, Michael 22, 71
Patriot Act 91
Pax Americana 5,41, 244
Pearl Harbor 211
Perle, Richard 20, 156, 258
Persian Gulf War (1991) 156
Persico, Joseph 44, 178, 259
pesticides 133
Peterson, David 205-6
Petras, James 216
Philip Morris 147
Philippines 89

Phoenix Program 55, 79, 214
Pinochet, Augusto 205
plague 134, 136

NDEX 287

Plain of Jars (Laos) 70

Plan Colombia 130

Pol Pot 163, 164

Polk, James K. 11

population relocation programs 28

Posner, Eric 20

Powell, Colin 202

preemptive war 5, 11, 34, 35, 45, 121,
155

Professional Military Corporations
(PMCs) 232-7
see also mercenaries/private soldiers

Project for a New American Century
(PNAC) 104

propaganda 19, 32-3, 34, 37, 39

proportionality 33, 52, 62, 66

Provance, Sgt. Sam 231

proxy wars 14, 28, 30, 53
and war crimes 89-111
see also United States, and proxy

Puritans 10-11

Putin, Vladimir 119, 137

Pyongyang (Korea) 54, 68, 75, 136

Al Qaeda 92

Iraq's alleged links with 20, 35, 38,

40
prisoners 217, 218, 222, 224
U.S. attacks on base sites 23, 33,
72-3, 121
Qalaye Niazi 73

Quadrennial Defense Review 120, 124
Que Son Valley (Vietnam) 78

racism 10-11, 13, 53-4, 74, 76, 83,

165, 251, 254, 260
Ramadi 61, 73
Rather, Dan 223
Ratner, Michael 220-1, 222
Ray, Ellen 220, 222
Raytheon 10, 41, 167
Reagan, Ronald/Reagan administration

30,95,96,124,146,166,215
Red Cloud (Ogalal Sioux chief) 151
Red Cross 50, 72, 80, 219, 224-5,

231-2
regime change 45-6

U.S. plans for Iran 42-4

U.S. plans for Iraq 37-40, 105

Rehabilitation Act (1950) 152

Reid, Christopher 191

reliable replacement warheads (RRWs)

12, 143
Rendon Group 39
Rendon, John 39
Revolution in Military Affairs (RMA)

232
Rhee, Syngman 28-9
Rhodes, Richard 63, 214, 252
Ribbentrop, Joachim von 160
Rice, Condoleezza 35, 38, 192, 202,

207-8,233-4,258
on, Michael 82

Rios Montt, General Efrain 95, 201,

215
riot-control agents 127, 128
Ritter, Scott 18, 19, 43, 45-6
Robinson, Mary 218-19
Rockier, Walter 47, 184
Rome Statute 241
Romo, Barry 79-80
Roosevelt, Theodore 13
Rose, David 220, 222
Rostow, Walt 29, 258
ROTC (Reserve Officers' Training

Corps) programs 24
Roy, Arundhati 85, 86
Rubale, Mowaffak 233
rules of engagement 1, 3, 10, 15, 49,
55, 73-4, 88
and Iraq War 81, 87

li invasion of Gaza 109
and PMCs 232, 234, 237
and Soviet-Afghan war (1979-8)

92
U.S. breaches of 14
and Vietnam War 56, 61, 212, 214,
254, 258
Rumsfeld, Donald
and ICC 197, 198
and Iraq 35-6, 38,202,258
and nuclear threat from Iran and
North Korea 122

219, 228, 229, 232
and U.S. nuclear strategy 120
Rusk, Dean 29, 202, 258
Russell Tribunal 161, 164

288 THE CRIMESOF EMPIRE

Russia 18, 31, 129, 167, 187
and nuclear weapons 119, 121,

141,245
Rwanda 163, 202-3
Rwandan Patriotic Army dictatorship

203

Sabra and Shatila I

Sadat, Leila 196

Said, Edward 103

Sanchez, General Ricardo 227, 228

Sand Creek massacre (1864) 151, 210,

251
Sandia nuclear laboratory 125
Sandinistas 96

Sands, Philippe 5, 21-2, 45, 171, 198
sarin nerve gas 134
Sariwon (Korea) 75
Sartre, Jean-Paul 164
Saudi Arabia 235
Scahill, Jeremy 236
scarlet fever 134
Schechter, Arnold 128
School of the Americas (SOA) 94, 95,

96,215
Scooter, Libby 258
scorched-earth policy 54, 69, 95
search-and-destroy 29, 55, 56, 76,

251,253,258
self-defense 1, 33, 35, 44, 58, 82, 108,

109,241
self-determination 3, 24, 101, 158-9,

241
Serbs 163, 193

demonized 32-3, 97-8, 99, 181-3,

187
victimized 98, 99, 183, 189
Seselj,Vojislavl87
Sharon, Ariel 103,201
Al-Sheik, Ameen Saeed 224
Sheridan, General 151
'shock-and-awe' tactics 21, 60, 61, 73,

165
Sierra Leone 203
Sievert, Professor Ronald 191
Sinchon massacre (Korea) 74-5
Sioux 151

Sines, Specialist Jeremy 226
Slaughter, Anne-Marie 20
slave economy 10

smallpox 135, 136
Smith, Sgt. Michael 226
Smithsonian National Air and Space

n67

Somalia, U.S. troops deplo)

(1993)33
South Africa 157, 180
South Summit (2000) 184
sovereignty 3, 8, 157, 160-1, 162
space, weaponization of 6, 114, 118,

119,124-5,166-9,241,242,

246
Spanish- American War 153
Special Forces units 216

Detnck 135
Specter, Arlen 193-4
Speer, Albert 259
Srebrenica massacre (1994) 189
Star Wars project 124, 166
state terrorism 93, 96
Steele, Colonel Michael 60
Stiglitz, Joseph 248
Stinson, Harold 118
Streicher, Julius 258
Sudan 202, 203
Suharto, General 91, 201
Sunshine Project 133

Taguba, Major General Antonio 224,
230,231

Taibbi, Matt 244

Taliban 33, 92, 121

detainees 80, 217, 218, 222, 224
U.S. attacks on military positions
23, 72-3

Taylor, Charles 203

Taylor, Maxwell 29

Tayor, Telford 190

technowar 14-15, 57, 58-9, 62, 71,
247, 250, 251
aerial bombardment 64, 69
and civilian casualties 15, 31, 34,

87
and depersonalization of killing 63
long-term effects of 56

Thanh Phong 79

Tibbetts, Paul W. Jr. 260

Time magazine 79, 81, 82, 255

tobacco treaty see Framework

Convention for Tobacco Control
Tokyo, bombings of 65, 178, 251
Tokyo tribunal 1, 30, 44, 66, 154, 176,

177-8, 241
torture 53, 55, 78-9, 80, 96, 145,
198-9, 207-40
and American public opinion

239-40
defense of 20-1, 239
definition of 218
and international law 208-9
involvement of doctors 222-3
mercenaries use of 235
U.S. proxy war 14
see also Convention Against Torture
total war 54, 57, 58, 68, 70, 74, 137,

211
Trail of Broken Treaties campaign 152
Tran Van Truong 55
Truman Doctrine 155
Truman, Harry S./Truman administra-
tion 28, 29, 54, 118,119,121,
135
truth commissions 180
TRW 167
Tudjman, Franjo/Tudjman regime

(Croatia) 33, 98, 185
Turkey 63, 89, 90, 92-3
Turner, Frederick Jackson 152
Tutsis 203

Ubaidi,Khamisl92

Uniform Code of Military Justice

(UCMJ) 56, 73, 204, 233
United Nations (UN.) 177
Charter 8, 50, 154, 176

199, 241

and genocide 160

and The Hague Tribunal (ICTY)

183,187

and Israeli attack on Gaza 101

1, 27, 29, 32, 35, 37, 44

and self-defense 1, 58

and treatment of prisoners 220

and U.S. attacks on Al Qaeda 33

U.S. violations of 9, 14,17-18,

35, 144, 155, 159

U.S./NATO violations in Balkans

32, 185-6
Convention on Laws of the Sea

146-7
Convention on Prevention and

Punishment of the Crime of

Genocide 145, 146, 160-6
General Assembly

Resolution 96/11 160

Resolution 194 101
andGulfWar(1991)31,32
Intergovernmental Panel on Climate

Change 170
and Iraq war (2003) 34-5, 36
resolutions on arms control 146,

156
resolutions condemning Israel 105,

146, 156, 158-9
Security Council

Resolution 242 101, 146, 158

Resolution 687 35

Resolution 688 155

Resolution 827 187

Resolution 1441 36

resolution giving U.S. exemption

in ICC 197-8
subverted by U.S. 101, 106-7, 146,

153-9
Truth Commission on Salvadoran

Death Squads 94
and U.S. atrocities in Afghanistan

80
and U.S. veto 101, 105, 145, 154,

155, 158
weapons inspectors/inspections

(UNSCOM)6, 18, 35, 37-8
United States Space Command, 'Vision

for 2020' 167
United States (U.S.)

arms exports 6, 24, 90-1, 103, 111

Civil War 4

and civilian casualties 48-9, 52-82,

145, 185-6
civilizing project 12, 13, 14, 148, 151
culture of denial 83-8, 237-40
disregard for international law 4-6,

7-8, 14-22, 45, 127, 196-9, 242,

246-8

and American public opinion 16,

159,239

290 THE CRIMES OF EMPIRE

United States (U.S.), disregard for

international law continued

origins/history of outlawry

10-14, 147-53, 209

perpetuation of outlawry 14-16,

210-11

see also International Criminal

Court (ICC); United Nations

(UN.), subverted by U.S.
and domination of Middle East 9,

23, 34, 37, 40-2, 97, 195, 238,

242-3
and environment 170, 171, 172-5

hazardous waste dumping at sea

146
exceptionalism 5, 6, 11, 13, 63, 96,

171,180

and contradictions/double

standards 114, 138, 144, 156,

184

and invasion of Iraq 42, 45, 46

legacy of 45, 48, 153, 242, 247

and war on terror 220
genocidal behavior 148, 163, 164,

209
hypocrisy/double standards 16, 59,

83, 105, 106, 114, 142, 156, 254
imperialism/expansionism 4-5, 6-7,

11-14,26,33,48-9,209,242
and Indian population 10, 12-13,

49, 148-53, 163, 165

history of broken treaties 147-53
' " .

148, 149

Indian Wars 10, 13, 14, 49, 153,

210

reservation system dismantled

152
military aggression 5-6, 27-34, 44,

49, 208, 242

64,65-6,86, 118
and blowback 6, 105, 106, 247
and destruction of public infra-
60

•s 61-2,

c and geopolitical
interests 34, 35, 37, 38, 40-2, 44,
45, 58, 97, 185, 242-3

and environmental damage 52-3,
56, 69, 71, 72, 127, 128
and normalization of criminal
behavior 249-61
pretexts for 28, 31,32, 36,
39-40,42-3,58,63,112,113
military bases abroad 6, 17, 23, 29,
42, 242-3, 244

ethos 63, 251, 252, 253-4
nuclear research agreement with

Japan 123-4
nuclear 'strategic partnership' with

India 123
pattern of atrocities 73-82, 83,

86-7, 209-16
and proxy wars 14, 28, 30, 53,

Afghanistan 89, 90, 92

atrocities 89, 95, 215

Central America 93-7, 215

civilian casualties 94-5

history of aiding and abetting

90-3

Yugoslavia 97-100
and pursuit of global democracy 5,

6, 7, 8, 9, 17, 20
rejection of treaties/global

agreements 14, 17, 144-75, 246

see also genocide, U.N.

Convention on; Outer Space

Treaty; United Nations (U.N.),

subverted by US
support for Israel 15, 23-4, 101-2,

103, 104-7, 109, 158-9, 246

and blowback 105, 106

Israel lobby 104-5, 106
support for paramilitary groups 89,

90, 93, 94
targeting small/weak nations 15, 34,

it of prisoner see Abu
Ghraib prison; Guantanamo Bay;

ivar against Iraq see Iraq; Iraq War
and war crimes 16, 21-2, 48-9, 55,

57, 63, 71, 195-6, 201-2, 252

against Iraq 32, 60

by proxy 89-111

immunity for US personnel
197-8,205,206,218,221
prosecutions 77, 78, 226, 259

and weaponization of space 6, 114,
118,124-5,166-9,246

and WMD 15-16, 112, 114, 137-8,
145, 242

biological weapons 134-7
chemical weapons 126-33
nuclear weapons 15, 85-6, 114,
117-26,141-2,245
WMD Commission options
138-43

Universal Declaration of Human
Rights (UDHR) 154, 157, 200,
208-9, 220, 241

Universal Jurisdiction 205

unlawful enemy combatants 204, 217

Valentine, Di
Van Auken, Bill 196
Veterans Administration 132
'Vietnam Syndrome' 161
Vietnam War 29-30, 55-7, 161, 202,
258, 259
aerial bombardment 69, 70
body counts 56, 76, 82, 250, 251,

253, 254, 258
effects of chemical weapons 128-9
U.S. atrocities 56, 76-80, 212-14,
215,252
Vinnell 235
Vonnegut, Kurt 66-7

Wall Street Journal 24, 239
Walsh, John 170
Walt, Stephen 104-5, 106
war crimes 1,50-1

aiding and abetting of 90-3
. guilt 256-60
see also Abu Ghraib, re
ity of higher officers
and ICC jurisdiction 197
punishment of 241
see also United States (U.S.), and
war crimes; war-crimes tribunals
War Crimes Act 198-9, 221, 238
war criminals

ordinariness of 259-60
as psychopaths 260, 261

war on terror 5-6, 14, 33, 105, 144,

198,220
and civilian casualties 52, 82
and detainees 204, 217, 218, 222,

227, 235
and perpetual war 110, 242, 244
and U.S. WMD strategy 120, 133
and use of torture 20-1, 239
war-crimes tribunals 176-206

and universality 177-8, 179, 180,

195,205
and victor's justice 1, 9, 51-2, 160,

177, 178, 179, 184, 187, 190,

191,194
warfare

counterinsurgency 29, 52, 69, 94,

214,215
'good war' 46, 53, 211
illegal 27

see also Iraq War (second),

and international law 241

perpetual war 110-11

and routinization of mass murder

249-61
see also rules of engagement;

Washington Institute for Near East

Policy (WINEP) 104
Washita massacre 210
water resources, bombing of 54, 60,

68, 70, 135
Watson, Harlan 172
Weapons of Mass Destruction
Commission 241
proposals 138-43
weapons of mass destruction (WMD)
7,28,112-43

is of 112, 113
regulation 113, 114, 117-18,

119-20, 121-2, 137
types of 114

see also United States (U.S.), and
WMD
Weekly Standard 43
WestBankl01,110, 146, 158
Western Hemisphere Institute for

Security Cooperation 94
Westmoreland, General William 213,

258
Wheaton, Philip 58

292 THE CRIMES OF EMPIRE

white phosphorous 61, 69, 86, 108,

114,127, 130
white-supremacist ideology 12-13
Williams, Paul 181

Winter Soldier hearings 78-9, 87, 214
Wolfowitz, Paul 38, 202, 258
Woo, John 20, 239
Wood, Capt. Carolyn 231
World Court 30, 96, 146, 192
World Health Organization 147
World Tribunal on Iraq (WTI) 195
World War I 4, 49
World War II 177, 211,241
aerial bombardment 65-7

117,118-19

atomic bombings
and atrocities 211-12
and civilian casualties 49-50, 53,

64, 65-7, 178

and crimes against peace 26, 44
andWMD115
Wounded Knee, massacre at (1890) 13,
149,150,210,251

Yalu River (Korea) 135

Yemen, CIA attack (2002) 33

Yoo, John 218

Young, Marilyn 70

Yugoslavia 22, 89, 90, 115, 144, 155

aid withdrawn 97

economic sanctions 98

U.S./NATO bombings (1999) 71,
100,182,183,185

as U.S./NATO proxy war 97-100

see also Balkans

Zinn, Howard 83-4, 149
Zionism 102, 109, 165

(ZOA) 104