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Reviewing the Torture Report

11 Aug

The Nation recently ran a review of The Torture Report: What the Documents Say About America’s Post-9/11 Torture Program, by Larry Siems. The book is drawn from the online report that Siems developed from documents that the American Civil Liberties Union obtained from a series of freedom of information requests – those documents are publicly available on the site as well.

I don’t work on torture nor do I have any specialist knowledge of the US policies after 9/11, but Siems’ work looks fascinating. Not only is he using a massive collection of primary sources, but the way he assembles and analyses the material brings out the systemic use of torture and the dubious ends pursued on the bodies and minds of its victims.

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Key out takes from the Nation review, written by Peter Baker:

This is oddly apt: failures of understanding are part and parcel of institutionalized torture, which seems to require a systemic aversion to detail, especially the details of other people’s experiences. The most publicly visible manifestation of this aversion was the replacement of “torture”—in both the legal memos and the pages of the nation’s leading newspapers—with terms like “enhanced interrogation.” This same preference for detached vagueness pervades The Torture Report. “Cramped confinement involves the placement of the individual in a confined space,” the administration lawyer John Yoo wrote in a 2002 memo. “The confined space is usually dark.” Depending on the size of the space, “the individual can stand up or sit down.”

Abu Zubaydah’s descriptions of his “cramped confinement,” which Siems quotes, dwell on several aspects that Yoo passes over: how a cloth was draped over his confinement box to restrict his air supply; how the box was so small he could neither sit nor stand but instead had to crouch, which caused a wound in his leg to rupture; how he was given a bucket to use as a toilet, and how it tipped over and spilled while he remained inside for hours; how he lost all sense of time. It is unclear whether Yoo left such details out intentionally, or whether they simply never occurred to him. Similarly, it’s hard to know what to make of a note written by Donald Rumsfeld in ink at the bottom of a 2002 memo on detainee treatment that, among other things, set limits on forced standing. “I stand for 8-10 hours a day,” he wrote. “Why is standing limited to 4 hours?”

America commits torture, funds torture research and encourages torture around the world. It is easy to point the finger at one particularly dark corner or another, be it the CIA or the derelict grunts on the night shift. These documents suggest that a bigger problem might be the sheer number of dark corners: American force abroad is wielded and managed by so many overlapping but distinct organizations that it creates plenty of useful ambiguity as to how, exactly, the overlap is meant to work. There’s a clear sense, especially in memos related to the early days of Guantánamo, of all these various people—Army, Navy, Air Force, CIA, FBI—wandering the cell-block halls, unsure of who is doing what, when and to whom. In the absence of a plan, everyone takes turns dealing with the detainees as he or she sees fit. The guards watch, picking up ideas from the pros for later. One could call the disarray a design flaw, but that would involve assuming that torture wasn’t part of the plan. Given that we know it was, all the confusion seems to have helped; CIA agents reveled in exploiting it, often identifying themselves as FBI agents to avoid having their presence exposed or accurately documented. Defense Department agents pulled a similar move, more than once impersonating State Department officials during torture sessions.

The spectacle of lynching, and the photos documenting that spectacle, served as a boast and a warning: look what we can do—and will. With post-9/11 detainee abuse, the exact same message is being communicated, only so too is its negation: look what we disown, what only the bad apples among us desire, and for which we will duly jail them. Endless memos dissecting torture techniques and parsing existing laws out of existence are a key part of this ritual: they insist that nothing terrible is happening. In a 2002 meeting, a military lawyer was surprisingly honest: “We will need documentation to protect us.” A CIA lawyer chimes in his agreement: “Everything must be approved and documented.”

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Kind of a big deal…

14 Mar

But I suspect it’ll get slightly fewer views than that other video…

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Kony 2012 and The Choir of Saviors: You got a song you wanna sing for me?

11 Mar

You got a song you wanna sing for me?
Sing a song, singing man.
Sing another song, singing man.
Sing a song for me.
One for the pressing, two for the cross,
Three for the blessing, four for the loss.
Kid holdin’ a weapon, walk like a corpse
In the face of transgression, military issue Kalash
Nikova or machete or a pitchfork.
He killing ’cause he feel he got nothin’ to live for
In a war taking heads for men like Charles Taylor
And never seen the undisclosed foreign arms dealer.
Thirteen-year-old killer, he look thirty-five,
He changed his name to Little No-Man-Survive.
When he smoke that leaf shorty believe he can fly.
He loot and terrorize and shoot between the eyes.
Who to blame? Its a shame the youth was demonized.
Wishing he could rearrange the truth to see the lies
And he wouldn’t have to raise his barrel to target you,
His heart can’t get through the years of scar tissue.

-”Singing Man“, The Roots

60 million people and counting have now heard about Invisible Children’s “Kony 2012“. Criticism of the group has been substantial and judicious. The group has defended themselves. Humorous memes are proliferating. Over-exposure has already begun to create awareness fatigue. Yet there is a serious issue largely unaddressed: the most troubling elements of the “Kony 2012″ phenomenon are not unique to Invisible Children, but reflect serious moral and political problems with the pursuit of international criminal justice, and in particular the mission and politics of the International Criminal Court and their controversial prosecutor, Luis Moreno-Ocampo.

To put it bluntly: while Jason Russell addresses his audience in the same way he addresses his five-year-old son Gavin, which is clearly inappropriate given the complexity of the issues he’s asking us to consider, Russell’s framing of the evil of Joseph Kony and “our” responsibility to stop him is importantly similar to the narrative of international criminal law, and Ocampo in particular. We should not be too quick to denounce the moral idiocy of Russell as a personal failing – his sentimental and messianic film represents a revealing apotheosis rather than a transgressive break from our sense of international justice. There are unpleasant resonances between Russell and Ocampo – the ICC prosecutor has already praised the group, saying,

“They’re giving a voice to people who before no-one knew about and no-one cared about and I salute them.”

But the commonalities run deeper than a strategic endorsement and should give us pause before we conclude that while Invisible Children may be unscrupulous and ill-informed, some form of outside intervention is needed to save the children of the Great Lakes region of Africa (to say  nothing of the adults being killed) – and yes, an arrest warrant and possible trial by the ICC is as much an intervention as a military invasion. Russell’s call to “stop Kony” is disturbing beyond his narcissism and the organisation’s inept policies and campaigns, his messianic moralising, in which he positions himself (and those like him who just need to be roused to action) as the hero for the powerless victim, is a single melody line in the score that guides the choir singing for international justice. His self-regarding indignation, and our discomfort, should inspire introspection into the desires that lead us to demand that Kony stand trial at the ICC or to insist that “we” must do something to stop the evil that besets that part of Africa.

Continue reading →

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Human Rights Contested – Part II

25 Feb

This is a continuation of my previous post…

Who Are Human Rights For?

All of the authors take account of the ambiguous history of human rights, in which they can be said to have inspired the Haitian, American and French revolutions, while also justifying the counterrevolutionary post-Cold War order dominated by the United States. Yet recognising this ambiguity without also acknowledging the distinctive reconstruction of contemporary human rights that makes them part of a neo-liberal international order and the unequal power that makes such a quasi-imperial order possible would be irresponsible. A primary contribution made collectively by these texts is that they clearly diagnose the way human rights have been used to consolidate a particular form of political and economic order while undercutting the need for, much less justification of, revolutionary violence. Williams says of Amnesty International’s prisoners of conscience, who serve as archetypal victims of human rights abuse,

the prisoner of conscience, through its restrictive conditions, performs a critical diminution of what constitutes “the political.” The concept not only works to banish from recognition those who resort to or advocate violence, but at the same time it works to efface the very historical conditions that might come to serve as justifications – political and moral – for the taking up of arms.

Human rights, then, are for the civilised victims of the world, those abused by excessive state power, by anomalous states that have not been liberalised – they are not for dangerous radicals seeking to upset the social order.

Continue reading →

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Human Rights Contested – Part I

22 Feb

This post (presented in two parts) is drawn from a review article that will be forthcoming in The Journal of Intervention and Statebuilding, which looks at a recent set of critical writings on human rights in order to consider the profound limitations and evocative possibilities of the contested idea and politics of human rights.

Human Rights in a Posthuman World: Critical Essays by Upendra Baxi. Oxford: Oxford University Press, 2009.

Surrendering to Utopia: An Anthropology of Human Rights by Mark Goodale. Stanford, CA: Stanford University Press, 2009.

The Divided World: Human Rights and Its Violence by Randall Williams. Minneapolis, MN and London: University of Minnesota Press, 2010.

After Evil: A Politics of Human Rights by Robert Meister. New York, NY: Columbia University Press, 2011.

The central tension of human rights is that they propagate a universal and singular human identity in a fragmented political world. No one writing about human rights ignores this tension, but the most important question we face in judging the value of human rights is how to understand this tension and the divisions it creates. The expected divisions between good and evil, between moral universalists and dangerous relativist, between dignified interventionists and cowardly apologists, have long given shape to human rights, as both an ideal and a political project. Seeing the problems of (and for) human rights in these habituated ways has dulled our capacity for critical judgment, as few want to defend evil or violent particularisms or advocate passivity in the face of suffering. Even among serious and determined critics our inherited divisions are problematic (and increasingly over rehearsed), whether we think of human rights as the imposition of Western cultural values, or in terms of capitalist ideology serving the interests of neo-liberal elites, or as an expression of exceptional sovereign power at the domestic and global levels. The ways that these divisions deal with the tension at the heart of human rights misses the ambiguity of those rights in significant ways.

     Rather than trying to contain the tensions between singularity and pluralism, between commonality and difference, in a clear and definitive accounting, the authors of the texts reviewed here allow them to proliferate. Rather than trying to resolve the problem of human rights, they attempt to understand human rights in their indeterminate dissonance while exploring what they might become. To create and invoke the idea of humanity is not a political activity that is unique (either now or in the past) to the ‘West’. The people most dramatically injured by global capitalism sometimes fight their oppression by innovating and using the language and institutions of human rights. Political exceptions – the exclusion of outsiders, humanitarian wars and imperialist conceits – are certainly enabled by the same sovereign power that grants rights to its subjects, which is a metaphorical drama all too easily supported by human rights, but it is only a partial telling of the tale, a telling that leaves out how human rights can reshape political authority and enable struggles in unexpected ways. The work of these authors pushes us to reject the familiar divisions we use to understand the irresolvable tension at the centre of human rights and see the productive possibilities of that tension. If human rights will always be invoked in a politically divided world, and will also always create further divisions with each declaration and act that realises an ideal universalism, then our focus should be on who assumes (and who can assume) the authority to define humanity, the consequences for those subject to such power, and the ends toward which such authority is directed. Continue reading →

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Looking Beyond Spring for the Season: Echoes of Time Before Tahrir Square

16 Aug

This is the fifth and last part in a series of posts from Siba Grovogui, Professor of International Relations and Political Theory at John Hopkins University. The first part is here; the second here; the third here; the fourth here. The series considers the character and dimensions of the tension between the African Union and ‘the West’ over interventions in Africa. As before, responsibility for visuals adheres solely to Pablo K.

It would be disingenuous to relate events in North Africa and the Middle East (or MENA) today without reference to the media. Here too, there are many possible angles to examine. I will focus on the institutional support that the media provide in shaping consensus in support of foreign policy. In this regard, so-called mainstream Western media and networks (BBC, CNN, Fox, RFI and the like) have played a significant role in generating domestic support for the Libyan campaign. The media find themselves in the contradictory positions of both providing sustenance to foreign policy rationales and reporting on government actions. In this role the media either wittingly or unwittingly assumed the position of justifying contradictory Western foreign policy aims while trying to satisfy the needs of their audiences (especially domestic constituencies and home governments) for information from the front. Consistently, the media often generate sympathy for foreign actors or entities that either support Western interests or have affinities for Western values.

This role is not without a cost, especially when foreign policy actions, including wars, fail to attain their objectives. When the outcome of foreign policy proves disastrous, Western media also have an inexhaustible capacity to either ignore their prior support for the underlying causes or to reposition themselves as mere commentators on events over which they had no control or could not prevent. Increasingly, these tendencies have spread around the world as evidenced in the techniques and styles that have propelled the Qatari-based Al Jazeera into prominence as key contender in the emergent game of production, circulation, and consumption of foreign policy-concordant images for their affective and ideological effects.

So it is not surprising that the backdrop and background scenarios for most reporting on the 2011 revolts in MENA are dimensions of Orientalism, of which they are many. But the most constant is one of autocratic ‘barbarism’. In this regard, the discourses and media techniques for creating and supporting sympathetic figures are just as constant (or invariable) as Western states rationales for intervention. The media-hyped stories of Oriental despotism that preceded Operation Desert Storm, when the US expelled Iraq from Kuwait, have provided the template. During that event, for instance, media feted their viewers with stories of invading Iraqi hordes storming through hospital only to disconnect incubators and let helpless infants die a slow death. These and many stories of heroic bids by US soldiers to prevent such barbarism were later discredited but not the other horrific stories which convinced US citizens of the need to wage war on Saddam Hussein’s occupying army. In the Libyan case today, one of the earlier images of the aura of impunity created by Gaddafi was that of a Libyan female lawyer who was allegedly raped by Gaddafi’s forces. There was also a reported event of military takeover of a hospital.

Continue reading →

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Looking Beyond Spring for the Season: Democratic and Non-Democratic Cultures

13 Aug

This is the fourth part in a series of five posts from Siba Grovogui, Professor of International Relations and Political Theory at John Hopkins University. The first part is here; the second here; the third here. The series considers the character and dimensions of the tension between the African Union and ‘the West’ over interventions in Africa. As before, responsibility for visuals adheres solely to Pablo K.

It is not accurate to say that the African Union has been indifferent to the conflict in Libya. If there has been silence in Africa, it has to do with the extent to which the ‘maverick’ Colonel (Gaddafi) has angered some of his peers over the years by interfering in the affairs of such states as Nigeria, Liberia, Burkina Faso, Sierra Leone and others, with disastrous effects. Even when, as in Sudan and Uganda, officeholders have welcomed his entreaties, large segments of the populations have not appreciated them. Yet, regardless of their personal views of Gaddafi and their political differences with him, African elites and populations have yearned for a more positive, conciliatory, and participatory solution to outright regime change or the removal of Gaddafi preferred by the West. This variance, I surmise, comes from a positive understanding of postcoloniality that include forgiveness, solidarity, and democracy and justice, as exhibited in post-apartheid South Africa and post-conflict Liberia, Angola, Mozambique, and the like.

In opting for negotiated mediation and a new constitutional compact, therefore, the African Union (or AU) aimed to foster a different kind of politics in Libya – admittedly one that has escaped many of the states endorsing that position. As articulated by Jean Ping, the Secretary General of the AU, the Libyan crisis offered an opportunity “to enhance a self-nourishing relationship between authority, accountability and responsibility” in order to “reconstitute African politics from being a zero sum to a positive sum game” toward one “characterized by reciprocal behavior and legitimate relations between the governors and the governed.” Mr. Ping added two other dimensions to his vision. The first is an acknowledgement that events in Libya point to the fact that all Africans “yearn for liberty and equality’ and this yearning is “something more consequential than big and strong men.” The second is that Africa’s destiny should be shaped by Africans themselves based on an actualized “sense of common identity based, not on the narrow lenses of state, race or religion, but constructed on Africa’s belief in democracy, good governance and unity as the most viable option to mediate, reconcile and accommodate our individual and collective interests.”

Coming from a politician, these words may read like slogans. But the uniform refusal of the AU to endorse Western intervention tells another story. Continue reading →

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Looking Beyond Spring for the Season: An African Perspective on the World Order after the Arab Revolt

20 Jul

The first of a series of posts by Siba Grovogui, Professor of International Relations and Political Theory at John Hopkins University (followed by a second, third, fourth and fifth installment). He is the author of Sovereigns, Quasi-Sovereigns and Africans: Race and Self-Determination in International Law and of Beyond Eurocentrism and Anarchy: Memories of International Orders and Institutions, as well as a number of articles on race, sovereignty, postcoloniality and human rights and what the history of slavery tells us about the contemporary discourse of international politics. Reposted from The Contemporary Condition. Images by Pablo.

There is much misunderstanding today about the decision of African Union (AU) to not endorse the military intervention in Libya undertaken by France, Great Britain, and the United States in conjunction with a few Arab States. Speculations abound as to whether the uniform decision coming out of Africa indicates that the African Union is out of step with the spirit of freedom sweeping across North Africa and the Arab World; or whether the absence of Africa in the battlefield of Libya merely suggest military ineptitude and political bankruptcy. In fact, it is not accurate that the African Union has been indifferent to the conflict in Libya. The AU opted for mediation and negotiated constitutional compact, with the aim of fostering a different kind of politics. The uniform refusal of the AU to endorse Western intervention has two main explanations. The first is the practice of consensus in decision-making which has long history within Africa. The other is profound unease on the continent about the form and foundation of the intervention itself.

I suggest that there is continent-wide scepticism in Africa about Western leadership in the eras of global governance, the rule of (international) law, the status of international morality, and the future of global democracy. This development is the result of continental experiences with the modes of enactment and execution interventions in Africa. The African position arises therefore from doubt that the coalition of Western powers leading the military effort in Libya today can be trusted to not abuse legitimate anti-Gaddafi sentiments; to not instrumentalize international law and morality; and to not subvert UN procedures and the mechanisms of global governance in order to advance hegemonic agendas and parochial ‘strategic’ interests. In short, underlying the African objection to military intervention is a long-standing tension between international organizations that represent Africa and the self-identified ‘West’ around the representations of the will of the international community, the resulting global democratic deficit in times of intervention, and their effects on international morality, including the principles of humanitarianism.

In relating this conflict, I do not wish to speak for a uniformly-defined ‘Africa’ and/or for all African entities. Continue reading →

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Human Rights In Crisis?

10 Jul

A guest post by Anthony J. Langlois, Associate Professor of International Relations at Flinders University of South Australia. He is the author of The Politics of Justice and Human Rights: Southeast Asia and Universalist Theory, a large number of papers on human rights and most recently of ‘Is Global Justice a Mirage?’ in the European Journal of International Relations. Anthony was a Senior Visiting Fellow at the LSE in 2010, where most of us met him, and where he presented an early version of this argument to the IR theory seminar. A response by our very own Joe will follow shortly. Images by Pablo.

One should not judge a book by its cover, but it is certainly possible to get some sense of the state of a field of study on the basis of the titles of recent books. In the case of the study of human rights, this is quite an interesting exercise: at a time when many claim that human rights proponents have never had it better – the term now has great political respectability and legitimacy; human rights NGOs are thriving; the study of human rights takes place in all the great centres of learning and is taken seriously by previously sceptical disciplines (philosophy, anthropology, international relations). At such a time, one of apparent triumph, there has been a spate of titles which give precisely the opposite impression.

Can human rights survive? What is the future for human rights? Who believes in human rights? Does God believe in human rights? At least two titles claim that human rights are in crisis with one of these playing telos off against demise in questioning the end of human rights. This theme is continued with the important but ironic idea that human rights have been silenced – ironic and paradoxical given their loud presence in all manner of global fora. For many, the success of human rights is a triumph of appearance over substance, and what is often most disturbing to commentators (apart from the obvious hypocrisies of human rights politics) is the absence of a coherent theoretical basis for human rights – a question which in turn can only really be answered by going back to more basic questions regarding the idea of justice.

Continue reading →

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‘Like A Machete’: Is Viagra A Weapon Of War Rape In Libya?

17 May

My friend and colleague Mark Kersten has been drawing my attention over the last weeks to a spate of stories about Libya in which it is claimed Gaddafi has been distributing Viagra as an inducement to sexual violence against ‘enemy’ civilian populations. Colum Lynch reported in late April that Ambassador Susan Rice had cited the use of Viagra and evidence of sexual violence during a meeting of the UN Security Council (although this itself is at least third hand – Lynch seems to have picked up the details from Reuters who were passed the information by a UN diplomat who was in the room). The story seems to have originated, or first surfaced, at The Daily Mail, which claimed “numerous reports” of Viagra use.

The testimony of Suleiman Refadi, an Ajdabiya surgeon, in this Al Jazeera piece is the closest thing to a direct claim that Viagra has been distributed to troops. But, as Lynch points out, Human Rights Watch followed up his allegations and say that Refadi had “no direct evidence”, which I assume means either that he himself hadn’t seen the Viagra and condoms, or that some had been found, but not in any pattern that would associate them with a strategy of war rape. Human Rights Watch have a number of reports and commentaries addressing rape in Libya, but do not seem to have found the Viagra claims credible enough to include. Now the International Criminal Court is investigating. Luis Moreno-Ocampo intimates that he has solid evidence for the claims and declares: “It’s like a machete…It’s new. Viagra is a tool of massive rape.”

That kind of blanket statement makes me suspicious. Reports are so far conflating (or not sufficiently distinguishing) two different claims: 1) that government forces are engaged in rape in Libya; and 2) that Viagra (and sometimes condoms) are handed out as an incentive or aid for that. Claim 1 is entirely plausible and there is already good evidence for it in the case of Libya. Elisabeth Jean Wood has done some important early work on the question of variation in wartime sexual violence and her early conclusions are that there are some contexts in which rape doesn’t occur in war. But the number of such cases is very small. Rape in war is overwhelmingly the norm. This should lead us to a number of questions about type, degree, form, causes and the exact sense in which we mean ‘tool’, ‘weapon’ and ‘strategy’. But reports of rape by soldiers are not in themselves at all surprising.

What is new is the second claim. Continue reading →

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