Speaking of Mattis and war crimes, there's already plenty of blood on his hands. He earned that "Mad Dog" sobriquet while commanding the U.S. Marines who twice in 2004 laid siege to Fallujah. During those sieges, American forces sealed that Iraqi city off so no one could leave, attacked marked ambulances and aid workers, shot women, children, and an ambulance driver, killed almost 6,000 civilians outright, displaced 200,000 more, and destroyed 75% of the city with bombs and other munitions. The civilian toll was vastly disproportionate to any possible military objective -- itself the definition of a war crime.
One of the uglier aspects of that battle was the use of white phosphorus, an incendiary munition. Phosphorus ignites spontaneously when exposed to air. If bits of that substance attach to human beings, as long as there's oxygen to combine with the phosphorus, skin and flesh burn away, sometimes right into the bone. Use of white phosphorus as an anti-personnel weapon is forbidden under the Chemical Weapons Convention, which the U.S. has signed.
In Iraq, Mattis also saw to it that charges would be dropped against soldiers responsible for murdering civilians in the city of Haditha. In a well-documented 2005 massacre -- a reprisal for a roadside bomb -- American soldiers shot 24 unarmed men, women, and children at close range. As the convening authority for the subsequent judicial hearing, Mattis dismissed the murder charges against all the soldiers accused of that atrocity.
Mattis is hardly the only slightly used war criminal in the Trump administration. As most people know, the president has just nominated Deputy CIA Director Gina Haspel to head the Agency. There are times when women might want to celebrate the shattering of a glass ceiling, but this shouldn't be one of them. Haspel was responsible for running a CIA black site in Thailand, during a period in the Bush years when the Agency's torture program was operating at full throttle. She was in charge, for instance, when the CIA tortured Abd al-Rahim al-Nashiri, who was waterboarded at least three times and, according to the executive summary of the Senate Intelligence Committee's Torture report, "interrogated using the CIA's enhanced interrogation techniques." (The report provided no further details.)
Haspel was also part of the chain of command that ordered the destruction of videotapes of the torture of Abu Zubaydah (waterboarded a staggering 83 times). According to the PBS show Frontline, she drafted the cable that CIA counterterrorism chief Jose' Rodrguez sent out to make sure those tapes disappeared. In many countries, covering up war crimes would itself merit prosecution; in Washington, it earns a promotion.
More on Trump and Torture
Many people remember that Trump campaigned on a promise to bring back waterboarding "and a whole lot worse." On the campaign trail, he repeatedly insisted that torture "works" and that even "if it doesn't work, they [whoever "they" may be] deserve it anyway, for what they're doing." Trump repeated his confidence in the efficacy of torture a few days after his inauguration, saying that "people at the highest level of intelligence" had assured him it worked.
Trump's nominee to replace Rex Tillerson as secretary of state is former Tea Party congressman and CIA Director Mike Pompeo. Known for his antipathy to Muslims (and to Iran), he once endorsed calling his Indian-American electoral opponent a "turban topper."
Pompeo is as eager as Trump to restore torture's good name and legality, although his public pronouncements have sometimes been more circumspect than the president's. During his CIA confirmation hearings he assured the Senate Intelligence Committee of what most of its members wanted to hear: that he would "absolutely not" reinstitute waterboarding and other forms of torture, even if ordered to do so by the president. However, his written testimony was significantly more equivocal. As the British Independent reported, Pompeo wrote that he would back reviewing the ban on waterboarding if prohibiting the technique was shown to impede the "gathering of vital intelligence."
Pompeo added that he planned to reopen the question of whether interrogation techniques should be limited to those -- none of them considered torture techniques -- found in the Army Field Manual, something legally required ever since, in 2009, President Obama issued an executive order to that effect. ("If confirmed," wrote Pompeo, "I will consult with experts at the [Central Intelligence] Agency and at other organizations in the U.S. government on whether the Army Field Manual uniform application is an impediment to gathering vital intelligence to protect the country.") Unlike many of Trump's appointees, Pompeo is a smart guy, which makes him all the more dangerous.
When President Trump lists his triumphs, often the first one he mentions is the confirmation of Neil Gorsuch as a Supreme Court justice. Gorsuch, too, played a small but juicy role in the Bush torture drama, drafting the president's signing statement for the Detainee Treatment Act when he worked in the Justice Department's Office of Legal Counsel back in 2005. That statement officially outlawed any torture of "war on terror" detainees, and yet left open the actual practice of torture because, as Gorsuch assured President Bush, none of the administration's self-proclaimed "enhanced interrogation techniques" (including waterboarding) amounted to torture in the first place.
Still, of all Trump's recycled appointments, the most dangerous of all took place only recently. The president fired his national security advisor, Lieutenant General H.R. McMaster, and replaced him with John Bolton of Iran-Contra and Iraq invasion fame.
Under George W. Bush, Bolton was a key proponent of that invasion, which he'd been advocating since at least 1998 when he signed an infamous letter to Bill Clinton from the Project for a New American Century recommending just such a course of action. In 2002, Bolton, while undersecretary of state for arms control, engineered the dismissal of Jose' Bustani, the head of the U.N.'s Organization for the Prohibition of Chemical Weapons, which was involved in overseeing Iraq's disarmament process. A former Bolton deputy told the New York Times that Bolton was dismayed because Bustani "was trying to send chemical-weapons inspectors to Baghdad in advance of the U.S.-led invasion." Presumably Bolton didn't want the U.N. trumpeting the bad news that Iraq had no active chemical weapons program at that moment.
Nor has Bolton ever forgotten his first Middle Eastern fascination, Iran, although nowadays he wants to attack it (along with North Korea) rather than conspire with it, as President Reagan and he did in the 1980s. He's argued in several editorials and as a Fox News commentator -- wrongly as it happens -- that it would be completely legal for the United States to launch first strikes against both countries. Naturally, he opposes the six-nation pact with Iran to end its nuclear weapons program. When that agreement was signed, the New York Times ran an op-ed by Bolton entitled "To Stop Iran's Bomb, Bomb Iran." It should (but doesn't) go without saying that any first strike against another country is again the very definition of the initial crime on that Nuremberg list.
Recycling War Crimes
We can't blame the Trump administration for the decision to support Saudi Arabia's grim war in Yemen, a catastrophe for the civilians of that poverty-stricken, now famine-plagued country. That choice was made under Barack Obama. But President Trump hasn't shown the slightest urge to end the American role in it either. Not after the Saudis threw him that fabulous party in Riyadh, projecting a five-story-high portrait of him on the exterior of the Ritz Carlton there. Not after his warm embrace of Saudi crown prince Mohammed bin Salman during his recent visit to the United States. In fact, at their joint press conference, Trump actually criticized former president Obama for bothering the Saudis with complaints about human rights violations in Yemen and in Saudi Arabia itself.
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