International Criminal Court Authorizes Investigation into War Crimes in Afghanistan, Including US Torture Program

The logo of the International Criminal Court (ICC) and an image of a secret prison.

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Good news from The Hague, as the Appeals Chamber of the International Criminal Court (ICC) has approved an investigation into war crimes and crimes against humanity committed in Afghanistan since May 2003 “by US armed forces and members of the CIA, the Taliban and affiliated armed groups, and Afghan government forces,” as the Center for Constitutional Rights (CCR) explained in a press release.

The investigation, as CCR also explained, will include “crimes against humanity and war crimes … committed as part of the US torture program,” not only in Afghanistan but also in “the territory of other States Parties to the Rome Statute implicated in the US torture program”; in other words, other sites in the CIA’s global network of “black site” torture prisons, which, notoriously, included facilities in Poland, Romania and Lithuania. As CCR explained, “Although the United States is not a party to the ICC Statute, the Court has jurisdiction over crimes committed by US actors on the territory of a State Party to the ICC,” and this aspect of the investigation will look at crimes committed since July 1, 2002.

AS CCR also explained, “The investigation marks the first time senior US officials may face criminal liability for their involvement in the torture program.”

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A Call for the Mainstream Media to Defend Press Freedom and to Oppose the Proposed Extradition of Julian Assange to the US

A screenshot from a video of WikiLeaks founder Julian Assange in a prison van, as he was returned to Belmarsh maximum security prison from Westminster Magistrates Court after a hearing regarding his proposed extradition to the US. His full extradition hearing begins on February 24, 2020 at Belmarsh.

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Check out the opening paragraphs of ‘Press freedom is at risk if we allow Julian Assange’s extradition’, an excellent article written for the Guardian two weeks ago by Roy Greenslade, a Guardian columnist and academic, who was the editor of the Daily Mirror from 1990-91:

Later this month, a journalist will appear at a London court hearing in which he faces being extradited to the United States to spend the rest of his life in prison. The 18 charges against him are the direct result of his having revealed a host of secrets, many of them related to the US prosecution of wars in Iraq and Afghanistan.

They included the “collateral murder” video which showed a US helicopter crew shooting 18 people in Baghdad in 2007, including two Reuters war correspondents, Namir Noor-Eldeen and Saeed Chmagh. Among the files were thousands of military dispatches and diplomatic cables that enabled people in scores of countries to perceive the relationships between their governments and the US. They also showed the way in which American diplomats sought to gather personal information about two UN secretary generals.

Unsurprisingly, the revelations were gratefully published and broadcast by newspapers and media outlets across the world. “Scoop” is far too mundane a term to describe the staggering range of disclosures. By any journalistic standard, it was a breathtaking piece of reporting, which earned the journalist more than a dozen awards.

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My US Visit to Call for the Closure of Guantánamo on the 18th Anniversary of Its Opening, Jan. 10-20, 2020

The flier for the rally calling for the closure of the prison at Guantánamo Bay on the 18th anniversary of its opening, taking place outside the White House on January 11, 2020. The flier was designed for the campaigning group Witness Against Torture.

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On Friday I fly into New York’s JFK Airport from London for what will be my tenth successive January visit to the US to call for the closure of the prison at Guantánamo Bay on the anniversary of its opening.

The main focus of my visits, from that first year onwards, has been a rally outside the White House of groups calling for the prison’s closure, including Amnesty International, the Center for Constitutional Rights, the National Religious Campaign Against Torture, Witness Against Torture, and the World Can’t Wait. and, most years, I have also taken part in a panel discussion about the future of Guantánamo at New America, a D.C.-based think-tank. For more, check out the archive for my visits in 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018 and 2019.

Even that first year (2011), the rally was an example of tenacity over hope, and it remains so today, something that has to be done, because the existence of Guantánamo is an abomination, but, sadly, with no expectation that it will fundamentally change anything.

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As $738 Billion Defense Bill Is Passed, Guantánamo Prisoners Are Ignored by Congress

A collaged image of the US Congress, and a prisoner at Guantánamo.

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I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.

Two months ago, I reviewed the situation at Guantánamo as it relates to Congress, providing a succinct summary of the extent to which Congress has — and hasn’t — been involved in establishing and maintaining the prison since it first opened nearly 18 years ago, and establishing that Congress has largely been complicit in the existence of Guantánamo.

Lawmakers facilitated its creation under George W. Bush, and, when both the Senate and the House were controlled by Republicans under Barack Obama, imposed restrictions on Obama’s efforts to close the prison, in the annual National Defense Authorisation Act (NDAA), that largely remain in place today.

These restrictions — on the countries to which prisoners can be released, on the transfer of any prisoner to the US mainland for any reason, and on spending any money to create a replacement for Guantánamo on the US mainland, or to close the facility in Cuba — largely make no difference under Donald Trump, because Trump has no interest in releasing prisoners, or in closing Guantánamo under any circumstances. As Military.com explained, the requirements regarding Guantánamo in the NDAA “fall in line with Trump’s Jan. 2018 executive order to keep Guantánamo open indefinitely.”

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Radio: I Discuss Boris Johnson’s Alarming Election Victory – and Guantánamo – with Chris Cook on Gorilla Radio

Boris Johnson promising to ‘Get Brexit Done’ and Donald Trump and Guantánamo.

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On Thursday, I was delighted to be interviewed by Chris Cook, in Victoria, Canada, about the parlous state of British politics, and the ongoing and outrageous injustice of Guantánamo, on his weekly show, Gorilla Radio, which is “dedicated to social justice, the environment, community, and providing a forum for people and issues not covered in the corporate media.”

The show is here (and here as an MP3), and I’m also pleased to be able to embed it below. My interview is in the first half of the one-hour show:

Here’s how Chris introduced the show on his website, accurately capturing the madness of the UK right now:

Last week, Britain followed America’s lead in electing an ultra-conservative, faux populist based on the single premise of, if not making Britain Great again, at least carrying through with the years-old promise to take the country out of the European Union. The great mystery to those looking from outside the country is why?

Why, following the divisive and ill-defined scheme dreamt up by the David Cameron Tories of yore, did the people of that green and pleasant land, rather than punishing the authors, and bungling executors of the disastrous Brexit debacle, decide instead to reward them with massive electoral success? And for Britons, the greater question now is, what’s going to happen next?

I’m honoured that Chris has had me on his show numerous times over the last ten years — almost always to discuss Guantánamo, but occasionally to discuss other topics — and it was a pleasure on Thursday to be able to provide some analysis of the disaster area that is Britain today, following last week’s General Election.

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Close Guantánamo’s Aims for 2020’s Presidential Election Year – and New Campaign Posters

Campaigners outside the White House calling for the closure of the prison at Guantánamo Bay on January 11, 2012, the 10th anniversary of the opening of the prison.

Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration. If you can help, please click on the button below to donate via PayPal.





 

I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.

For those of us who care about the ever-pressing need for the prison at Guantánamo Bay to be shut down for good, the coming year is going to be challenging.

As long as Donald Trump remains president, and, frankly, as long as Republicans retain control of either the Senate or the House of Representatives, it is reasonable to assume that there will be no movement whatsoever towards the closure of Guantánamo.

Forgotten or ignored, Guantánamo may not even be mentioned at all on the presidential trail, but we’ll be doing our best to make America remember this stain on its national conscience, where 40 men are still held, for the most part without charge or trial, in defiance of all the legal and judicial values the US claims to hold dear.

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Radio: I Discuss Guantánamo and Julian Assange on the Peace and Justice Report on Sarasota Community Radio

Guantánamo prisoners, on the day the prison opened, January 11, 2002, and WikiLeaks founder Julian Assange.

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On Wednesday, I was delighted to talk for 30 minutes to Bob Connors and Tom Walker of the Peace and Justice Report on Sarasota Community Radio on WSLR 96.5 FM, which describes itself as “cover[ing] local, state, national and international social justice issues.” featuring “a wide variety of guests whose views are underrepresented in the mainstream media.”

We spoke about Guantánamo, past, present and future, and also about the US torture program and the plight of WikiLeaks founder Julian Assange, imprisoned in the UK and fighting his proposed extradition to the US to face espionage charges.

The show is embedded below:

Andy Worthington on the Peace and Justice Report on Sarasota Community Radio, November 20, 2019.

My interview started six minutes in and ended at 34:40, and in it I ran through Guantánamo’s history, and my involvement with it, and expressed my sorrow about how most people nowadays have completely forgotten about the prison, even though it continues to hold men indefinitely without charge or trial, which ought to be a source of profound shame to US citizens who respect the rule of law.

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Trump’s Personal Prisoners at Guantánamo: The Five Men Cleared for Release But Still Held

Guantánamo prisoners Abdul Latif Nasir, Sufyian Barhoumi and Tawfiq al-Bihani, three of the five men still held under Donald Trump who were approved for release by high-level government review processes under President Obama.

Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration. If you can help, please click on the button below to donate via PayPal.




 

I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.

The nearly three-year long presidency of Donald Trump is so strewn with scandals and cruel policies that some lingering injustices are being forgotten. A case in point is the prison at Guantánamo Bay, which is rarely reported in the mainstream media, with the valiant exception of Carol Rosenberg at the New York Times, who continues to visit the prison regularly, often being the only reporter in the whole of the US to subject the working of the facility to outside scrutiny.

And yet the longer Guantánamo remains open, the more cruel and unacceptable is its fundamentally unjust premise: that men seized nearly two decades ago can be held indefinitely without charge or trial. This was grotesque under George W. Bush, who responded by releasing nearly two-thirds of the 779 men held since the prison opened on January 11, 2002, and it remained so under Barack Obama, who, shamefully, promised to close it but never did, although he did release nearly 200 more men, via two review processes that he established.

However, a new low point has been reached under Donald Trump, who has no interest in releasing any prisoners under any circumstances, and, with one exception, has been true to his word. For the 40 men still held, the prison has become a tomb.

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Closing Guantánamo, the Democrats and the NDAA

Campaigners calling for the closure of the prison at Guantánamo Bay walk past Congress on January 11, 2012, the 10th anniversary of the opening of the prison.

Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration. If you can help, please click on the button below to donate via PayPal.





 

I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.

In the long and dispiriting story of the prison at Guantánamo Bay, where, in defiance of its purported values, the US is holding men indefinitely without charge or trial, the role of Congress is not always well understood.

Under George W. Bush, lawmakers were largely compliant with the shameful innovations introduced after the terrorist attacks of September 11, 2001, passing the Authorization for Use of Military Force, the week after the attacks, which allowed the president to pursue anyone that he felt was associated with Al-Qaeda, the Taliban or associated forces, and to imprison them at the Guantánamo prison, which was deliberately established on the US naval base in Cuba to be beyond the reach of the US courts.

From the beginning, the men — and boys — held there were held without rights, and although long legal struggles led to them eventually securing habeas corpus rights, Congress fought back. However, when their habeas rights were eventually gutted of all meaning, the responsibility lay with ideologically malignant appeals court judges rather than Congress.

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As a Frail and Confused Julian Assange Appears in Court, It’s Time For the UK to Stop His Proposed Extradition to the US

A WikiLeaks image calling for Julian Assange’s proposed extradition to the US from the UK to be stopped, and for Assange to be freed.

Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration. If you can help, please click on the button below to donate via PayPal.





 

I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.

On Monday, at Westminster Magistrates’ Court, Julian Assange, the founder of WikiLeaks, looked frail and, at times, appeared confused as his lawyers sought a delay to a hearing regarding his proposed extradition to the US to face dubious — and potentially punitive — espionage charges relating to WikiLeaks’ work as a publisher of classified US government information; in particular, “Collateral Murder,” a “classified US military video depicting the indiscriminate slaying of over a dozen people in the Iraqi suburb of New Baghdad — including two Reuters news staff,” war logs from the Afghan and Iraq wars, a vast number of US diplomatic cables from around the world, and, in 2011, classified military files relating to Guantánamo, on which I worked as media partner, along with the Washington Post, McClatchy, the Daily Telegraph and others.

Assange has been imprisoned in the maximum-security Belmarsh prison in south east London since April, when the government of Ecuador, in whose embassy he had been living for nearly seven years, revoked the political asylum granted to him by the country’s former president, the democratic socialist Rafael Correa, who called his replacement, the right-winger Lenin Moreno, “[t]he greatest traitor in Ecuadorian and Latin American history” for his betrayal of Assange, declaring, “Moreno is a corrupt man, but what he has done is a crime that humanity will never forget.”

In May, a British court sought to justify Assange’s imprisonment with a 50-week sentence for having broken his bail conditions back in 2012, when he first sought asylum in the Ecuadorian embassy, fearing that he would be extradited to Sweden to face unsubstantiated sexual assault allegations, and would then be handed over to the US.

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Andy Worthington

Investigative journalist, author, campaigner, commentator and public speaker. Recognized as an authority on Guantánamo and the “war on terror.” Co-founder, Close Guantánamo and We Stand With Shaker. Also, photo-journalist (The State of London), and singer and songwriter (The Four Fathers).
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