Commentary Magazine


Topic: Human Rights Watch

Important Piece on Human Rights Watch

Benjamin Birnbaum has a long investigative piece on HRW in the upcoming issue of TNR that is now available online. There are a number of important disclosures in the piece: he quotes a HRW board member admitting that “We seek the limelight — that’s part of what we do. And so, Israel’s sort of like low-hanging fruit.” (No kidding.)

I’ve written on this blog about some of the rather odious people HRW employs as “human-rights activists,” such as Joe Stork and Sarah Leah Whitson. The latter, who is the head of HRW’s Middle East division, is a major focus of the piece. We learn that she is a big fan of Norman Finkelstein, the crackpot pro-Hezbollah activist (“I continue to have tremendous respect and admiration for him”) and that she has privately acknowledged her mission against Israel (“making Israeli abuses the focus of one’s life work is a thankless but courageous task”).

There is much, much more in this important piece. Please read it all.

What Did He Say?!

At times Obama seems to embody the worst characteristics of the Left — near comical moral equivalence, indifference to human rights, and a willingness to disregard America’s stature as the world’s leading democracy. Add in some jaw-dropping egotism and you have a scene like this:

President Obama said Sunday that the United States is still “working on” democracy and a top aide said he has taken “historic steps” to improve democracy in the United States during his time in office. The remarks came as Obama met with Kazakh President Nursultan Nazarbayev — one of the U.S. president’s many meetings with world leaders ahead of this week’s nuclear summit.

Kazakhstan, which has been touting its record on combating nuclear proliferation, is a key player in the NATO supply network to Afghanistan and currently heads the Organization of Security and Cooperation in Europe (OSCE).

Some observers see a conflict between Kazakhstan’s chairmanship of the 56-nation OSCE, which plays an important role in monitoring elections in emerging democracies, and its own widely criticized human rights record.

But if the Obama administration saw any disconnect, it kept its criticism to itself.

“In connection with the OSCE, the presidents had a very lengthy discussion of issues of democracy and human rights,” NSC senior director Mike McFaul said on a conference call with reporters Sunday. “Both presidents agreed that you don’t ever reach democracy; you always have to work at it. And in particular, President Obama reminded his Kazakh counterpart that we, too, are working to improve our democracy.” …

“You seemed to be suggesting there was some equivalence between their issues of democracy and the United States’ issues, when you said that President Obama assured him that we, too, are working on our democracy,” [Wall Street Journal reporter Jonathan]Weisman said. “Is there equivalence between the problems that President Nazarbayev is confronting and the state of democracy in the United States?”

“Absolutely not. … There was no equivalence meant whatsoever,” McFaul said. “[Obama's] taken, I think, rather historic steps to improve our own democracy since coming to office here in the United States.”

This is astounding in several respects. First lumping the U.S. in with Kazakhstan has to be a new low (high) in moral obtuseness. As the report notes:

The State Department’s own 2009 human rights report on Kazakhstan reported widespread human rights violations, including severe limits on citizens’ rights to change their government; detainee and prisoner torture and other abuse; unhealthy prison conditions; arbitrary arrest and detention; lack of an independent judiciary; restrictions on freedom of speech, the press, assembly, and association; and pervasive corruption, especially in law enforcement and the judicial system.

Freedom House’s 2010 world survey declared Kazakhstan “not free” and said, “Kazakhstan holds the chairmanship of the OSCE for the year 2010 despite a record of fraudulent elections and repression of independent critics in the media and civil society — behavior that only grew worse as 2010 approached.”

The latest Human Rights Watch report on Kazakhstan was entitled, “An atmosphere of quiet repression.”

Furthermore, what has Obama done that qualifies as historic steps to improve our own democracy? I’m stumped to think of a single thing. Great transparency? Hmm. Haven’t seen that in the health-care legislative process of elsewhere. Toleration and civility for the opposition? Puhleez. Does Obama regard his own presidency as some historic leap forward for American democracy? Apparently so, a troubling sign that his narcissism continues to grow by leaps and bounds.

RE: No Condemnation Forthcoming

Well, we called that one. The State Department did not “condemn” the brutality of the Egyptian police or the detention of demonstrators (who were subsequently released). As this report explains, all that came was a gentle prod, an ever-so-diplomatic nudge, from Foggy Bottom:

In Washington, U.S. State Department spokesman P.J. Crowley said the United States was “deeply concerned” about the arrests and called on the Egyptian government to uphold the rights of its people “to express their political views peacefully.”

“The people of Egypt should be able to participate in the political process and ultimately determine who will run and win Egypt’s upcoming elections,” Crowley told reporters Wednesday.

Even Human Rights Watch, which usually reserves its fire for Israel, did considerably better than that:

At the demonstration, which called for an end to Egypt’s restrictive “emergency laws,” Human Rights Watch staff witnessed security officials beating and arresting the protesters, including two women. The state of emergency, which allows the authorities to restrict basic rights, has been continuously in effect for 29 years.

“The Egyptian authorities respond with lawless brutality to protesters peacefully demanding restoration of their human rights,” said Sarah Leah Whitson, Middle East and North Africa director at Human Rights Watch. “Let today’s beating and arrests of demonstrators remind countries that finance and arm the Egyptian government what their ally is really all about.” …

During the review of Egypt’s record by the UN Human Rights Council in February, Egypt once again promised to end the state of emergency, a commitment first made by President Mubarak in 2005. … “Egypt keeps promising to end the emergency law, but year after year, it’s one broken promise after another,” Whitson said.

The contrast between the namby-pamby response to Egyptian human rights abuses and the conniption displayed when a midlevel Israeli bureaucrat stamped a housing permit vividly encapsulates the Obama Middle East approach. Kid gloves and averted eyes for the Muslims; bullying for the Jewish state. It’s “change” certainly.

Double-Standards Watch

For a few months, a “human rights activist” named Mohammad Othman was held by Israel in something called administrative detention, which allows suspects to be held for a short period of time without a trial, but with judicial oversight. Othman’s detention earned this rebuke from Human Rights Watch, titled with a stern demand: “End Arbitrary Detention.” Of course, many nations, both democratic and undemocratic, practice administrative detention. And why the presumption that it was “arbitrary”? Never mind. The statement reads:

Israeli authorities have detained Othman without charge for more than two months on what appear to be politically motivated grounds. … Othman has no criminal record and, to the knowledge of Human Rights Watch, has never advocated or participated in violence. …

“The only reasonable conclusion is that Othman is being punished for his peaceful advocacy,” said Sarah Leah Whitson, Middle East director at Human Rights Watch. [Emphasis added to weasel-phrasing]

Is that really the only reasonable conclusion? I would actually characterize this as a fantasy conclusion, or at least one of many possible conclusions. If the Shin Bet or IDF were interested in punishing people for “peaceful advocacy” in Israel and the West Bank, there would be tens of thousands of activists in detention. But there aren’t. The fact of the matter is that Whitson has no idea why he was detained, and neither does anyone else outside the Israeli security establishment and courts — but her ignorance of the facts doesn’t stop her from accusing Israel of grave abuses. I would say that the only “reasonable conclusion” here is that Whitson is a shrill and fanatical political activist who has no business working for a human-rights organization.

As it happens, there was another person detained in the area around the same time — a British journalist named Paul Martin, who traveled to Gaza to testify on behalf of a Palestinian accused by Hamas of “collaborating.” Martin was promptly arrested and thrown in jail as a “security threat.” Whitson’s response? She waited until Martin was released and then issued a short statement that is exquisitely deferential to Hamas, containing none of the allegations and passion of her Othman statement. “Journalist’s Detention Violated Due Process,” the title reads.

“We are relieved at Martin’s release, but we are also concerned that Hamas has produced no evidence to justify his detention,” said Sarah Leah Whitson, Middle East director at Human Rights Watch.

For Israel, there are accusations, demands, and denunciations. For Hamas, there is polite “concern” that “due process” rules weren’t followed, as if Hamas has any pretensions to due process in the first place. This is Human Rights Watch.

The Times They Are a-Changin’

The Financial Times published a piece, “Don’t Be So Sure Invading Iraq Was Immoral,” written by Professor Nigel Biggar of Oxford, a leading theologian and moral philosopher. According to Professor Biggar:

The decisive issue in evaluating the Iraq invasion is not whether it was morally flawed or disproportionate or illegal, but whether it was really necessary to stop or prevent a sufficiently great evil.

No one disputes that Saddam Hussein’s regime was grossly atrocious. In 1988 it used chemical weapons against Kurdish civilians in what, according to Human Rights Watch, amounted to genocide; and from 1988 to 2003 it murdered at least 400,000 of its own people. Critics of the invasion would presumably not tolerate such a regime in their own backyard; and an effective international policing authority would have changed it. Is the coalition to be condemned for filling the vacuum? Yes, there have been similar vacuums that it (and others) have failed to fill – Rwanda, Zimbabwe, Darfur. But is it not better to be inconsistently responsible than

consistently irresponsible?

Now add the concern about weapons of mass destruction. This was sufficiently grave to rouse the UN to litter the period 1991-2003 with 17 resolutions calling on Saddam to disarm permanently. Given the shocking discovery in the mid-1990s of Iraq’s success in enriching uranium and coming within 24 months of nuclear armament, and given the regime’s persistent flouting of the UN’s will, there was good reason to withhold benefit of doubt and to suppose that it was developing WMDs. It was not just Messrs Bush and Blair who supposed this. So did Jacques Chirac, then French president, and Hans Blix, the UN’s chief weapons inspector.

We now know this reasonable supposition was mistaken and that the problem was less urgent than it appeared. But it was still urgent. Saddam was intent on acquiring nuclear weapons and support for containment was dissolving. David Kelly, Britain ’s chief expert on Iraqi WMDs, famous for being driven to commit suicide, is less famous for being convinced that the problem’s only lasting solution was regime-change.

Maybe critics of the war view with equanimity what might have happened without the 2003 invasion, trusting that the secular rationality of Realpolitik would have prevented the rivalry between Iraq’s atrocious Saddam and Iran’s millenarian Mahmoud Ahmadi-Nejad from turning catastrophically nuclear. In this age of suicide bombers, however, such faith is hard to credit.

Well said. And that it was said is further evidence, I think, that we are seeing a climate change when it comes to the debate about the Iraq war.

Tom Campbell and Israel (Updated)

Philip Klein’s must-read post details more Tom Campbell comments concerning Israel. There was his remark that “Jerusalem is the capital of Israel, but it’s wrong to say it can’t also be the capital of Palestine.”  And there was his comment to Yasser Arafat, following a minor mishap in the West Bank, that “this makes me the first American to have shed blood in your country.” In isolation, this or that comment might not seem extraordinary. But, in addition to his record of anti-Israel votes, Campbell tosses about praise and encouragement to some extreme figures who are hostile to Israel.

A case in point is his praise for Israel-hater and conspiracy-monger Alison Weir. Others have noted that Weir runs an outfit, If Americans Only Knew, that is replete with her calls to cut aid to Israel and her vile anti-Israel bashing, which includes her fanning of the organ-harvesting libel. This escaped the attention of David Frum, who recently rose in support of Tom Campbell. It was just last week that Frum wrote movingly about a Swedish newspaper that saw fit to give space to a freelance journalist, Donald Bostrom, ”to charge that the Israeli army regularly harvested organs from the bodies of slain Palestinians.” Frum explained:

After briefly acknowledging that the vast majority of the world’s illegally harvested organs come from China, Pakistan, and the Philippines, Bostrom then hurled this astounding charge: “Palestinians also harbor strong suspicions that young men have been seized, and made to serve as organ reserve, just as in China and Pakistan, before being killed.”

Jewish vampirism is an ancient fantasy, dating back to the Middle Ages. Yet it remains current in the contemporary Middle East. A Syrian film company created a multipart TV drama out of the story in 2003. The drama was broadcast worldwide on Hezbollah’s al-Manar satellite network. Iranian state TV broadcast a drama in 2004 in which the plot turns on an Israeli plan to steal Palestinian children’s eyes.

It’s a winding road from medieval folktales to Hezbollah TV to the New Jersey mob to a Swedish daily to the British House of Lords.

But it’s a road traveled by more and more people. On February 11, Tel Aviv’s Reut Institute presented a paper to the Israeli cabinet warning of “delegitimization” aimed at the Jewish state. As reported by Ha’aretz, the paper warns:

“The ‘delegitimizers’ cooperate with organizations engaging in legitimate criticism of Israel’s policy in the territories such as Amnesty [International] and Human Rights Watch, blurring the line between legitimate censure and delegitimization. … The network’s activists are not mostly Palestinian, Arab or Muslim. Many of them are European and North American left-wing activists,” who portray Israel as a pariah state and deny its right to exist.

It is that very Swedish newspaper report, among many, that Weir touts on her website. Well, I’m sure then Frum would be appalled to learn that Campbell fancies Weir as “an intelligent, careful, and critical” scholar and urges that “American policy makers would benefit greatly from hearing her first-hand observations and attempting to answer the questions she poses.”

Frum also quoted from a recent interview given by Campbell, in which Campbell professes support for Israel. Frum perhaps did not have access to (and hence did not include) the two final questions and responses, which were not included in the web article he cites. However, these have now circulated in the California Jewish community, a copy of which I obtained:

What is Campbellʼs position on his 1990 Jerusalem vote [ opposing support for Jerusalem as Israel's capital]

When George Bush, Sr., was President, then Secretary of State James Baker announced that Israel was not serious about stopping settlements in East Jerusalem, and that when they were serious, they could call the White House. As a rebuke to Secretary Baker, a resolution was introduced by a prominent Democrat in the House recognizing Jerusalem as the undivided, permanent, and not-to-be-shared capital of Israel. The resolution was intended to undermine the position Secretary Baker was attempting to maintain, and which is still official American policy, that the status of Jerusalem is a matter to be resolved between the Israelis and the Palestinians. Declaring all of Jerusalem as sovereign Israeli territory, not to be shared, was equivalent to an endorsement of putting more settlements in the eastern part of Jerusalem. The Bush Administration opposed the resolution, and I voted against it.

What is Campbellʼs position regarding his vote in 1999 against a resolution expressing congressional opposition to the unilateral declaration of a Palestinian state?

Regarding the resolution disapproving a unilateral declaration of the statehood of Palestine, this was one of those occasions where having taught international law, and studied this particular issue, probably hurt me more than helped me. I know “Wikipedia” is not necessarily the most authoritative source, but look at the selection below dealing with the various legal scholars’ opinions regarding Palestinian statehood. It lays out the complexity of the issue. The international law sources cited support the case that a State of Palestine was already twice declared by the international community, in the Treaty of Lausanne, and then by the UN at the termination of the British Palestinian mandate. Suffice it to say that I could not vote for the proposed resolution, which took absolutely no account of this international history or international law. As things have subsequently worked out, I believe Israel’s official position now is in favor of a State of Palestine.

As to the last answer, I have no idea what Campbell is talking about and how he thinks his opposition to a unilateral declaration of statehood matches Israel’s current position. (Hint: Israel demands the Palestinians actually recognize the Jewish state’s existence and renounce terrorism.)  As one informed staffer and expert on Israel issues put it, “Tom Campbell has the questionable distinction as being the only politician ever to cite the Treaty of Lausanne in order to justify an anti-Israel vote.” And as to his invocation of James “F*** the Jews” Baker and the curious reference to stopping “settlements in East Jerusalem” (What “settlements” is he talking about?), one can only say, as an official of a prominent Jewish organization put it with understated disdain, it suggests “someone with a pronounced anti-Israel perspective.”  (The vote on the measure was not, as Campbell argued, a partisan affair. It passed with 378 votes; Campbell was one of only 34 opposed.) A Jewish official who works on Capitol Hill sums it up:

“I am hard pressed to remember any member of Congress who targeted Israel’s aid to cut, voted the wrong way in an overwhelming bipartisan vote on Jerusalem, supported Hamas terrorist Sami Al-Aryian and others convicted of supporting Islamic Jihad terrorists – even appearing at rallies with Al-Aryian and others as the spewed their anti-Israel bile, took campaign cash from them, wrote letters on Al Ariyan’s behalf, spoke at CAIR events – a group notoriously hostile to Israel and which is at the heart of the Muslim Brotherhood’s efforts in America, and publicly supports Alison Weir – lately a purveyor of the organ harvesting blood libel against Israel.  That is quite a public record.  Now maybe Tom Campbell has become more pro-Israel than the Chief Rabbi on Minsk, but that would truly be the world’s most miraculous conversion.  The facts are the facts.  Mr. Campbell’s record speaks for itself and no amount of lipstik can pretty up this pig.”

The voters of California concerned about the candidates’ position on Israel will need to decide for themselves whether Campbell’s record and judgment justify their support. Frankly, he’s got some explaining to do.

UPDATE: Bruce Kesler, who identifies himself as the author of the Tom Campbell  Q&A that David Frum cited, denies that the final two questions and answers I referenced above were part of his interview with Campbell. A document containing those two questions and answers as well as the other questions and answers Kesler did report on his website was circulated in California in the Jewish community by a representative of the Campbell campaign with the purpose of bolstering Campbell’s position on these issues. Campbell’s answers and other materials accompanying the Q&A match other materials that have been sent by the Campbell campaign.

The Voiceless Victims

In Friday’s post, I noted that due to their warped focus, Israeli human-rights organizations are increasingly leaving real victims voiceless. But the damage is incomparably greater when major international organizations do the same. To appreciate just how badly groups such as Amnesty International and Human Rights Watch have betrayed those who need them most, everyone should read Nicholas Kristof’s devastating recent articles on Congo in the New York Times (see, for instance, here and here).

The civil war in Congo, Kristof writes, has claimed almost seven million lives over the last dozen years. It has also created a whole new vocabulary to describe the other horrific abuses it has generated – such as “autocannibalism,” which is when militiamen cut flesh from living victims and force the victims to eat it, or “re-rape,” which applies to women and girls who are raped anew every time militiamen visit their town.

Yet the world rarely hears about Congo — because groups such as Amnesty and HRW have left the victims largely voiceless, preferring instead to focus on far less serious abuses in developed countries, where gathering information is easier.

Neither Amnesty nor HRW has issued a single press release or report on Congo so far this year, according to their web sites. Yet HRW found time to issue two statements criticizing Israel and 12 criticizing the U.S.; Amnesty issued 11 on Israel and 15 on the U.S. To its credit, HRW did cover Congo fairly extensively in 2009. But Amnesty’s imbalance was egregious: For all of 2009, its web site lists exactly one statement on Congo — even as the group found time and energy to issue 62 statements critical of Israel.

By any objective standard, of course, there is no comparison in the scope of the violations. Even if you accept all the Goldstone Report’s worst slanders against Israel as gospel truth, none of them remotely compares to the kind of atrocities Congo’s victims describe – such as experienced by the young woman who told Kristof that after Hutu militiamen tied up her uncle, “they cut off his hands, gouged out his eyes, cut off his feet, cut off his sex organs and left him like that.” Nor is this exceptional: such stories are routine.

The same holds for the death toll. The highest estimate of Palestinian fatalities in last year’s Gaza war is just over 1,400; for the rest of the year combined, Palestinian fatalities numbered around 115, according to the UN Office for the Coordination of Humanitarian affairs. By contrast, the death toll in Congo is around 45,000 a month — every month.

Human-rights organizations clearly should not ignore genuine violations in developed countries, but they do need to maintain a sense of proportion. Instead, the relative frequency of their press releases paints countries such as Israel and the U.S. as the world’s worst human rights violators. The result is that the real worst abuses, like those in Congo, remain largely below the public’s radar. And so the victims continue to suffer in unheard agony.

You Know What’s a Human-Rights Violation?

Criticizing anti-Zionist NGOs, that’s what. In what is apparently not a parody, Human Rights Watch has issued a press release about the New Israel Fund controversy, apparently in the belief that making the association between the two groups explicit will help the NIF:

(New York, February 7, 2010) – The growing harshness of attacks by Israeli government officials on nongovernmental organizations poses a real threat to civil society in Israel, Human Rights Watch said today.

The most recent attacks center on the New Israel Fund (NIF). …

“What we’re seeing in Israel is a greater official intolerance of dissent,” said Sarah Leah Whitson, Middle East director at Human Rights Watch. … “A clear pattern of official efforts to suppress voices critical of government policy is emerging.”

Note that HRW has done zero investigation into the clear pattern of official efforts to murder democracy activists by the Iranian regime. However, a thoroughly democratic debate in Israel about NGOs sends the group into hysterics about “threats to civil society.”

Aren’t there some actual dissenters in the Middle East who are actually being attacked who Human Rights Watch could pay attention to?

The Human-Rights Facade Is Beginning to Crumble

The collaboration between Amnesty International and an unrepentant Islamist named Moazzam Begg has been a source of wonderment among those who follow these kinds of things, but only back-burner wonderment, obscured by the media’s general tendency to protect the credibility of “human rights” NGOs, or at least not ask too many questions.

The UK Times was impelled, finally, to give some space to the fact that Amnesty, one of the two largest human-rights groups* (the other being Human Rights Watch) has been promoting Begg, a former Gitmo detainee and booster of terrorists and radicals. What finally attracted press attention to this outrageous state of affairs was the appearance of a whistleblower from within the ranks of Amnesty.

Meet Gita Sahgal, the head of Amnesty’s gender unit. She went public with her disgust after spending two years in a failed effort to separate Amnesty from Begg:

“I believe the campaign [with Begg's organization, "Cageprisoners"] fundamentally damages Amnesty International’s integrity and, more importantly, constitutes a threat to human rights,” Sahgal wrote in an email to the organisation’s leaders on January 30. “To be appearing on platforms with Britain’s most famous supporter of the Taliban, whom we treat as a human rights defender, is a gross error of judgment.”

No kidding. But this story doesn’t have a happy ending. Amnesty responded to her going public by suspending her. The excellent British blog Harry’s Place has posted her statement:

A moment comes, which comes but rarely in history, when a great organisation must ask: if it lies to itself, can it demand the truth of others? For in defending the torture standard, one of the strongest and most embedded in international human rights law, Amnesty International has sanitized the history and politics of the ex-Guantanamo detainee, Moazzam Begg and completely failed to recognize the nature of his organisation Cageprisoners. …

The issue is a fundamental one about the importance of the human rights movement maintaining an objective distance from groups and ideas that are committed to systematic discrimination and fundamentally undermine the universality of human rights.

Or, as a British blogger puts it, “upholding concepts of due process and women’s rights may not be best served by strolling along to Downing Street hand in hand with Moazzam Begg, a Salafi Islamist who has attended Jihadi training camps in Afghanistan and Bosnia.”

There is a vital role for groups like HRW and Amnesty to play in the world. Properly understood, their mission is to use their moral authority to shame and condemn tyranny and those who wish to make the world a hospitable place for tyrants and terrorists. But moral authority requires moral clarity. HRW and Amnesty have been overtaken by activists who use their position to wage easy campaigns against open societies instead of taking on the more difficult, thankless, and sometimes dangerous struggle against closed ones.

For people who do not follow these issues closely, there have been a few recent moments that indicate beyond any doubt that something is rotten in the “human-rights community.” One moment was when HRW went to Saudi Arabia to raise money. We have arrived at another such moment: a human-rights organization has suspended an employee for complaining about the organization’s partnership with a terrorist.

*In my opinion, the largest and most important human rights organization in the world is the U.S. Army, but that’s an argument for another time.

HRW Should Stop Punishing Colombia

If I were being ungenerous, I could easily say that no one should pay attention to what Human Rights Watch has to say in light of that group’s history of employing an investigator with a strange fetish for Nazi memorabilia and its attempt to raise money in Saudi Arabia, of all places, by advertising its battles against “pro-Israel pressure groups.” But that would be wrong because, for all its faults, HRW does some valuable work in such countries as China and Sudan. Unfortunately, HRW does not extend similar tolerance and understanding to its targets.

Case in point is its new report on Colombia: “Paramilitaries’ Heirs: The New Face of Violence in Colombia.” In it, HRW focuses on violence and drug-trafficking perpetrated by paramilitary groups that have continued to exist even after the majority of such fighters were demobilized between 2003 and 2006. As far as I can tell, HRW has collected some useful information that shows the need for greater Colombian action against these groups. I am sure that Colombia officials would be the first to say that they need to do more to combat paramilitaries along with FARC and other leftist groups. (In fact, I heard those very views voiced during my visit to Colombia in the fall.) But there is no acknowledgment in the report of the tremendous strides that the government under President Alvaro Uribe has made in combating guerrillas and terrorists of whatever strip, in pacifying much of the country, and in making it possible for citizens to enjoy their democratic rights in peace. Instead the report has a nasty, hectoring tone, suggesting, without quite coming out and saying so, that senior echelons of the government are complicit in paramilitary violence. Among the report’s recommendations for action is this:

Delay consideration of free trade deals with Colombia until the Colombian government meets human rights pre-conditions, including dismantling paramilitary structures and effectively confronting the successor groups that now pose a serious threat to trade unionists.

Actually the U.S.-Colombia Free Trade Agreement is already stalled. It has been ratified by the Colombian parliament but not by the U.S. Congress, where Democrats are blocking it at the instigation of protectionist union leaders. This makes no sense as a matter of policy, because the agreement would not only provide a boost for American exporters, it would also provide much-needed economic help to America’s closest ally in Latin America. Colombia has made amazing, almost miraculous strides in beating back insurgents and narco-traffickers over the past decade, and it did so while reducing human-rights violations among its security forces and enhancing the rule of law (a story that my colleague Rick Bennet and I told in this Weekly Standard article). But the HRW report has nothing positive to say about Colombia’s achievement as far as I can tell. Instead it insists on punishing Colombia — and the U.S. economy — by stopping an important trade agreement until such time as Colombia achieves a state of perfection that will suit HRW. This is a perfect illustration of why it is hard to take seriously so much of the work that comes out of the professional “human rights” community, which too often seems colored by animus against democratic American allies such as Israel and Colombia.

Human Rights Watch: The World Needs More Corrupt and Politicized “International Justice”

Predictable, of course. Clive Baldwin, a “senior legal adviser” to HRW, finds it “most embarrassing of all” that the British attorney general “gave a speech in Jerusalem on 5 January declaring that the government was ‘determined that Israel’s leaders should always be able to travel freely to the UK.’”

Can’t have that, can we?

This really isn’t about international justice, of course. It’s about the desire of many human-rights activists — today they unfortunately are almost exclusively drawn from the far Left — for more political power. Here’s how the international justice game is played:

Groups like HRW rely on fraudulent or biased testimony in Gaza and Lebanon (or Iraq) combined with creative interpretations of the “laws of war” to produce claims of war crimes; these claims are received as legitimate and trustworthy in UN bodies, among allied NGOs, and in the international press; activist lawyers use the now-laundered allegations to file universal jurisdiction lawsuits with sympathetic British judges; arrest warrants are issued. But then government officials recognize the awful reality of this politicized little merry-go-round and speak out against the practice — prompting HRW to protest that politicians are interfering in the independence of the court system. Chutzpah.

There are at least a few people left in the UK who understand the perniciousness of “universal jurisdiction.” One is MP Daniel Hannan, who wrote a terse seven-point refutation of the idea yesterday (h/t Andrew Stuttaford):

1. Territorial jurisdiction has been a remarkably successful concept. Ever since the Treaty of Westphalia in 1648, it has been broadly understood that crimes are the responsibility of the state where they are committed. … Western liberals might say: “Since Karadzic won’t get justice in Serbia, he should get it at The Hague.” But an Iranian judge might apply precisely the same logic and say: “Adulterers in Western countries are going unpunished: we must kidnap them and bring them to a place where they will face consequences”. …

2. International jurisdiction breaks the link between legislators and law. Instead of legislation being passed by representatives who are, in some way, accountable to their populations, laws are generated by international jurists. …

7. The politicisation of international jurisprudence seems always to come from the same direction: a writ was served against Ariel Sharon, but not against Yasser Arafat. Augusto Pinochet was arrested, but Fidel Castro could attend international summits. Donald Rumsfeld was indicted in Europe, but not Saddam Hussein.

What you’ll always find about the international-justice hustle is that its proponents never explain how these fatal problems can be resolved. In this case, the problems, of course, are the solutions. That’s because universal jurisdiction isn’t about justice. It’s about power.

Egypt Does PR Right

Credit where it is due: The Egyptians know how to deal with Hamas and especially with the useful idiots who have turned Gaza into a cause celebre. When George Galloway and his traveling roadshow of activists showed up in Egypt to make trouble, the Egyptians simply threw all of them out of the country.

“George Galloway is considered persona non grata and will not be allowed to enter into Egypt again,” a Foreign Ministry statement said. The activist left Egypt Friday morning from Cairo airport. … “He was told that he is a trouble maker and his behavior is undermining Egyptian security.”

This is no exaggeration. The arrival of Galloway’s “relief convoy” was accompanied by Hamas-staged riots along the Gaza border in which a Hamas sniper killed an Egyptian border guard. As a result, “Egyptian Foreign Minister Ahmed Ali Aboul Gheit said his country would ban aid convoys from entering its territory.”

Where are the outraged Human Rights Watch press releases? When are the UN Human Rights Council hearings? Where is the collective outrage of the British media? We have banned aid convoys to Gaza — this statement would cause global apoplexy if uttered by the Israeli foreign minister.

But Egypt isn’t done:

Mosques throughout Egypt took advantage of Friday prayers to criticize Hamas…London-based Arabic-language newspaper Al-Quds Al-Arabi reported Saturday that most of the 140,000 mosques operating under the auspices of Egypt’s Ministry of Awqaf took part in the verbal onslaught on the Palestinian Islamist group. …

According to another imam, Hamas is to blame for the blockade imposed on the Palestinians in Gaza. “Its leaders want to stay in power, even at the cost of their own people’s expulsion and starvation,” the imam said during a sermon at Cairo’s Al-Rahma Mosque.

Egyptian officials speak the terse and confident language of sovereignty. Israelis too frequently employ the defensive language of ethics, unaware that such noble rhetoric, when applied to foreign policy, invites little but skepticism and complaint.

Will They Give up on Closing Guantanamo?

The rationale for closing Guantanamo was always thin. It was, the Obami said, a “recruiting tool” — although terrorists hardly needed yet another reason to slaughter us. They have so many after all and didn’t need Guantanamo to recruit terrorists throughout the 1990s and for 9/11. It had a “bad reputation” — although much of that was based on misinformation, and the Obama team concedes it is a professionally run, humane, and secure facility. Now comes word that the detainees don’t want to leave. After all, even leftist advocacy groups realize the change of venue doesn’t mean much. (A Human Rights Watch rep tells Newsweek “Moving more than 100 detainees — the vast majority of whom would end up being held without charge — to a U.S. facility that is already being dubbed ‘Gitmo North’ will blunt the positive message Obama hoped to send by shutting Guantanamo in the first place.”)

It doesn’t really make any sense if we want to “improve our image” when the detainees and their lawyers now contend that a SuperMax facility is worse than the current rather comfy environs:

[T]he final irony is that many of the detainees may not even want to be transferred to Thomson and could conceivably even raise their own legal roadblocks to allow them to stay at Gitmo. [Detainee lawyer Marc] Falkoff notes that many of his clients, while they clearly want to go home, are at least being held under Geneva Convention conditions in Guantánamo. At Thomson, he notes, the plans call for them to be thrown into the equivalent of a “supermax” security prison under near-lockdown conditions.

“As far as our clients are concerned, it’s probably preferable for them to remain at Guantánamo,” he says.

It is hard to escape the conclusion that the Obamis insisted on closing Guantanamo as part of their fixation from the campaign — now embedded in Obama’s governance — with being “not Bush.” As one after another of their rationales collapses, as it has become untenable even to send the large number of detainees from Yemen back home, and as the public grows increasingly wary of shuffling the detainees to the heartland of America, one wonders just how long the Obama team will keep at this.

At some point the invocation of his still-unfulfilled promise to close Guantanamo simply reinforces the image of Obama as an out-of-touch and ineffectual commander in chief in the war against Islamic fundamentalists. Sometimes it’s best to admit that there is a vast difference between campaigning and governing. After all, they dumped the promise to allow C-SPAN to televise health-care negotiations, so why not give up the much dumber idea of closing Guantanamo?

Judge Goldstone: I Participated in a Farce

Richard Goldstone seems to use interviews to chip away at the legitimacy of his own work. He told the Forward that nothing he uncovered in Gaza is credible enough to be admissible in court. And now he has admitted this to Haaretz:

Many Israelis are right to feel that the United Nations and its member bodies such as the Human Rights Council and the General Assembly have devoted inordinate and disproportionate attention to scrutinizing and criticizing Israel. This has come at the price of ignoring violations of human rights in other countries, some of them members of those very same bodies. The time has come for the investigation of all violations of international human rights law and international law whenever they are committed, in any state.

A few thoughts: First, this is almost exactly what Bob Bernstein argued in his New York Times op-ed about Human Rights Watch — for which he was accused by HRW, on whose board Goldstone sat, of claiming that no scrutiny whatsoever should be applied to Israel. Will HRW now distort Goldstone and level the same charge? Not a chance.

Second, this statement would seem to validate Shimon Peres’s critique that Goldstone is a “small man, devoid of any sense of justice, a technocrat with no real understanding of jurisprudence” who was “on a one-sided mission to hurt Israel.” Goldstone has admitted that the lawfare campaign against Israel, of which he has become the de facto leader, is a perversion of justice: disproportionately and selectively applied. It is the equivalent of a police force that pursues the arrest of Jews, and scarcely anyone else, for violations. Such a police force is inherently illegitimate. Yet Goldstone chose to become the chief of that police force, and now denounces the fact of its — his — own iniquity. What psychodrama. What a small man.

Third, there is one person perfectly situated to rise to the challenge of even-handedness and proportionality that the good judge has placed before the world: his name is Richard Goldstone. He has earned his bona fides as a harsh and tendentious critic of Israel. Because of this, he has immense credibility at the UN and among “human-rights” activists worldwide. When will his campaign of inquisition against other democracies begin? Someone should ask him.

Close Gitmo, Open the National Security Court

In the current issue of Foreign Affairs, Ken Roth of Human Rights Watch presents the maximalist position of civil liberties advocates when it comes to the War on Terror: He argues not only that we should close the detention facility at Guantanamo (which I agree with), but also that we should either try suspects in the criminal courts under standard criminal procedures or else release them. That’s going a bit too far for me, or, I suspect, most other Americans. To see why, consider this AP report:

Al-Arabiya television reports that a former Guantanamo detainee carried out a recent suicide bombing in the northern Iraqi city of Mosul.

A cousin says Abdullah Saleh al-Ajmi, a Kuwaiti released from Guantanamo in 2005, was reported missing two weeks ago and his family learned of his death Thursday through a friend in Iraq.

The cousin, Salem al-Ajmi, told Al-Arabiya on Thursday that the former detainee was behind the latest attack in Mosul, although he did not provide more details.

Three suicide car bombers targeted Iraqi security forces in Mosul on April 26, killing at least seven people.

Because it was “only” Iraqis who were killed, this apparent attack by a former Gitmo detainee will not cause much uproar in the United States. But imagine if he had struck not in Mosul but in New York, Paris, or London. Then it would be a different story. To avoid such a dire scenario, we need to have a way of dealing with detainees that goes beyond the normal safeguards of the criminal justice system.

Jack Goldsmith and Neal Katyal–the former a conservative law professor who served in the Bush Justice Department, the latter a liberal law professor who represented one of the Gitmo detainees in a successful appeal to the Supreme Court in 2006–have proposed just such a system: setting up a federal National Security Court run by specially selected federal judges. Roth argues against this idea, but it makes a lot of sense to me.

Spielberg Withdraws from the Olympics

Yesterday, Steven Spielberg announced that he had severed his role as artistic advisor to this year’s Summer Olympics, which begins in August. “I find that my conscience will not allow me to continue business as usual,” he said in a statement. “At this point, my time and energy must be spent not on Olympic ceremonies, but on doing all I can to help bring an end to the unspeakable crimes against humanity that continue to be committed in Darfur.”

China is committing no such crimes in Darfur. It is, however, providing crucial material support to the government in Khartoum as well as diplomatic help, especially in the U.N Security Council. That government, in turn, is sponsoring the Janjaweed militia, which has rightly been accused of genocide. So far, about 200,000 to 400,000 people have died according to the U.N. High Commissioner for Refugees. Spielberg, by refusing to continue his work on the opening and closing ceremonies, implicitly says that participation in the Olympics is tantamount to supporting the atrocities, including mass murder and rape, taking place in western Sudan.

In the wake of the famed director’s withdrawal, Human Rights Watch has asked others to think about their personal responsibility. “These influential players should be prepared to show the steps they are taking to address the worsening rights climate in China, or they risk being tarnished by a human rights debacle,” said Minky Worden, the group’s media director, yesterday.

Worden raises a fundamental issue: At what point does personal participation imply guilt? Beijing’s response is predictable: “As the Darfur issue is neither an internal issue of China, nor is it caused by China, it is completely unreasonable, irresponsible and unfair for certain organizations and individuals to link the two as one,” the Chinese embassy in Washington said in a statement yesterday. Beijing’s position, however reasonable it seems on its face, is unconvincing simply because the tragedy in Darfur would not be occurring were it not for China.

Today, there is a growing sentiment that China is too damn close to the Janjaweed militia. On Tuesday, 25 individuals, including Nobel peace laureates, called on Chinese President Hu Jintao to take steps to end the slaughter sponsored by Khartoum. Whether Beijing likes it or not, people are starting to make the connections between death in Darfur and the celebrations in Beijing. It is high time we examine our national—and personal—responsibility for China’s acts because we are enabling the Chinese regime through our policies of engagement.

“Repression in China is on the rise, and Olympic sponsors, governments, or world leaders—especially those planning to attend the Games—can’t pretend otherwise,” said Worden. At least Prince Charles is on the side of the angels. He has said that he will not attend the Games. President Bush, however, is going to Beijing in August for the spectacle. Regrettably, he has tried to lessen his personal responsibility by saying that he is doing so only as a sports fan. As Spielberg has just shown us, however, that is not possible in today’s climate. Let me quote Bush to Bush: you’re either with the Chinese autocrats or against them.

And if you’re with me, you insist that your leaders in Washington not associate themselves with ugly events taking place in Darfur by supporting the extravaganza in Beijing.

More Samantha Power

Martin Kramer points us to an interesting quote from the 2003 book Ethnic Violence and Justice, in which Samantha Power, one of Barack Obama’s foreign policy advisers, asks a question of David Rohde, a reporter who covered the intifada for the New York Times. The quote is as follows:

Samantha Power: I have a question for David about working for the New York Times. I was struck by a headline that accompanied a news story on the publication of the Human Rights Watch report. The headline was, I believe: “Human Rights Report Finds Massacre Did Not Occur in Jenin.” The second paragraph said, “Oh, but lots of war crimes did.” Why wouldn’t they make the war crimes the headline and the non-massacre the second paragraph?

(The article to which Power refers is here, and its headline is: “MIDEAST TURMOIL: INQUIRY; Rights Group Doubts Mass Deaths in Jenin, but Sees Signs of War Crimes.” Obviously, Power has misremembered the headline.)

Here we have another window into the thinking of Power: Israel is accused in sensational press reports of a massacre in Jenin, and is subjected to severe international condemnation; HRW finally gets out a report and says there was no massacre; the NYT reports this as its headline; and Power thinks the headline still should have been: Israel guilty of war crimes!

The Norman Finkelstein Roadshow

Norman Finkelstein, freshly liberated from the humdrum of academic life by way of being denied tenure at De Paul University, has taken his hate-Israel routine on the road. He has gone to Lebanon to give lectures and to “hold two workshops in Palestinian refugee camps.”

At a press conference on Friday — Finkelstein must surely savor having the kind of attention lavished on him in Lebanon that few can be bothered to provide in America — he channeled Hassan Nasrallah, the leader of Hizballah, in describing the 2006 Israel-Hizballah war:

However, it is also true to say that the Lebanese resistance inflicted a historic and well-deserved military defeat on the invading foreign army and its chief supporter.

He continued:

It should also be mentioned that after the war the US-based organization Human Rights Watch whitewashed Israeli war crimes and made false accusations against Hizballah. This cowardly and mercenary act deserves contempt.

Ah yes, Human Rights Watch, that steely defender of the Jewish state.

It’s probably impossible to put Finkelstein’s swindles and perversions (to borrow an Orwell phrase) into a ratings system, and I am by no means a person who wastes much time following the man’s deluded utterances. But here he has clearly sunk to a new low: He openly sympathizes with Hizballah, a group which seeks the genocide of the Jewish people; he openly wishes for Israel’s military defeat at the hands of an enemy whose primary ambition is the state’s annihilation; and he does all of this while hiding behind the fig leaf of his own Jewishness so as to deflect the charge that he is an anti-Semite.

It is normal to say that Finkelstein’s are the views of a self-hating Jew. But by all appearances, the man does not hate himself, and in fact views his role as that of a hero — a brave truth-teller fighting against the imperial forces of Zionism and Americanism. Finkelstein is a hustler and a coward because he trades off his Jewishness to lend credibility to starkly anti-Jewish rhetoric. It’s time we stopped calling Finkelstein a self-hating Jew and started calling him what he actually is: an anti-Semite.

UPDATE: Tony Badran emailed me a link to a Haaretz article with fresh details. Touring southern Lebanon and meeting with Hezbollah’s regional commander, Finkelstein said: “I think that the Hezbollah represents the hope.” No word yet on whether Finkelstein is going to pose for photos manning a Katyusha rocket launcher…

The Other Fallujah Reporter

“The man who reads nothing at all is better educated than the man who reads nothing but newspapers.” — Thomas Jefferson

I just returned home from a trip to Fallujah, where I was the only reporter embedded with the United States military. There was, however, an unembedded reporter in the city at the same time. Normally it would be useful to compare what I saw and heard while traveling and working with the Marines with what a colleague saw and heard while working solo. Unfortunately, the other Fallujah reporter was Ali al-Fadhily from Inter Press Services.

Mr. al-Fadhily is unhappy with the way things are going in the city right now. It means little to him that the only shots fired by the Marines anymore are practice rounds on the range, and that there hasn’t been a single fire fight or combat casualty for months. That’s fair enough, as far as it goes, and perhaps to be expected from a reporter who isn’t embedded with the military and who focuses his attention on Iraqi civilians. The trouble is that Mr. Al-Fadhily’s hysterical exaggerations, refusal to provide crucial context, and outright fabrications amount to a serious case of journalistic malpractice.

Some of what al-Fadhily writes is correct. The economy and infrastructure really are shattered. Unemployment is greater than 50 percent, as he says. It’s true that most Iraqis – in Fallujah as well as everywhere else – don’t have access to safe drinking water. But he proves himself unreliable, to put it mildly, after only one sentence: “The city that was routed in November 2004 is still suffering the worst humanitarian conditions under a siege that continues.”

There is no “siege” in Fallujah. He is referring here to the hard perimeter around the city manned by Iraqi Police who prevent non-residents from bringing their cars in. It’s an extreme measure, no doubt about it. But it keeps the car bombers and weapon smugglers out. Iraqis who live in Fallujah are free to come and go as they please. The non-resident vehicle ban is a defensive measure, like a national border or castle moat. Its purpose is to prevent a siege from the outside.

My colleague (of sorts) at least acknowledges that “military actions are down to the minimum inside the city.” He adds, however, that “local and U.S. authorities do not seem to be thinking of ending the agonies of the over 400,000 residents of Fallujah.”

This is nonsense on stilts. Marines distribute food aid to impoverished local civilians. The electrical grid is being repaired now that insurgents no longer sabotage it. Solar-powered street lights have been installed on some of the main thoroughfares and will cover the entire city in two years if the war doesn’t come back. Locals are hired to pick up trash that went uncollected for months. A new sewage and water treatment plant is under construction in the poorest part of the city. Low-interest microloans are being distributed to small business owners to kick start the economy. American civilians donate school supplies to Iraqi children that are distributed by the Marines. Mr. al-Fadhily would know all this if he embedded with the U.S. military. Whether or not he would take the trouble to report these facts if he knew of them is another question.

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Katie’s World

At her National Press Club event yesterday, we heard this from CBS News anchor Katie Couric:

The whole culture of wearing flags on our lapel and saying “we” when referring to the United States and, even the “shock and awe” of the initial stages, it was just too jubilant and just a little uncomfortable. And I remember feeling, when I was anchoring the “Today” show, this inevitable march towards war and kind of feeling like, “Will anybody put the brakes on this?” And is this really being properly challenged by the right people? And I think, at the time, anyone who questioned the administration was considered unpatriotic and it was a very difficult position to be in.

There is a lot to unpack in these few sentences. For one thing, Couric’s aversion to using the word “we” when referring to her own country is both weird and revealing. After all, she is part of the United States, a citizen of America, and so she is part of “we.” Hers is an example of a certain journalistic sensibility that feels as if members of the media are compromising their objectivity by referring to their country as if they were a part of it. And I suppose in The World According To Katie, it would be a gross violation of journalistic ethics to hope for America to prevail in a war to depose Saddam Hussein and bring liberty to his broken land. Hence, I suppose, her discomfort with how well the initial stages of the Iraq war went.

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