Joshua Kahn Russell
FROM THE WEB
Net Briefs 05-09
TMI at 30
John M. Laforge
El Salvador's Victory
Spies & Informers
Julia a. Shearson
Von Mises Rises
God, Guns, & Blood
GAY & LESBIAN COMMUNITY NOTES
Signs of Change
Savannah Schroll guz
The Black Vote
Herbert P. Bix
Nicolas J.S. Davies
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The Caroline Rooting
"Rooting out safe havens for terrorists" in the United States and Pakistan
In his first press conference on February 9, President Obama tried to justify attacks by U.S. Predator and Raptor drones that are killing hundreds of Pakistanis in their own country. He explained that the goal of these attacks is to "root out safe havens for terrorists" in Pakistan. But the drone strikes are themselves acts of terrorism, attacks on civilian targets to achieve political objectives, and they are undermining Pakistan's own counter-terrorism strategy, as Foreign Minister Qureshi told Ambassador Holbrooke on February 10. Fortunately, international law provides valuable (and binding) guidance in the form of the principles of necessity and proportionality. These principles were defined by the Caroline case, which stemmed from U.S. support for terrorism against Canada in 1837.
Following the American Revolution, Upper Canada (now Ontario) was largely settled by a succession of immigrants from the United States. This began with about 7,000 United Empire Loyalists fleeing the Revolution, followed by "late-Loyalists" attracted by cheap land grants, who eventually outnumbered the original Loyalists by about ten to one. The doubtful loyalties of this population led members of Congress in Washington to speculate that the annexation of Upper Canada to the United States would be a "mere matter of marching." But the British government understood the vulnerability of its Canadian possessions and kept more troops on the Canadian border than anywhere else in the British Empire throughout the 19th century. The United States annexed three quarters of Mexico, but none of Canada.
William Lyon Mackenzie was a newspaper publisher and a reformist legislator in Upper Canada who campaigned for Britain to delegate real power to the Colonial Assembly. After being twice expelled from the Assembly, he was elected the first mayor of Toronto in 1834 and re-elected to his Assembly seat. After his Reform Party lost the 1836 election, he lost patience with peaceful reform and became an advocate of armed rebellion.
In 1837 the British garrison in Toronto was sent to fight a rebellion in Lower Canada (Quebec) and MacKenzie took the opportunity to march on Toronto with a rag-tag army of 400, mostly farmers from the surrounding area. The British governor called out the local militia, and enough of them answered his call to outnumber and defeat the rebels in a bloody battle at Montgomery's Tavern.
MacKenzie and 200 rebels regrouped on Navy Island in British territory on the Niagara River, and declared independence as the Republic of Canada on December 13, 1837. MacKenzie toured Buffalo and upstate New York, raising men and arms, which were ferried over to Navy Island from Fort Schlosser, New York (present day Niagara Falls) on an American steamer named the Caroline. The rebels had several cannons and kept up sporadic fire, inflicting some damage and a few casualties.
On December 29, 1837, a British boarding party of 45 men crossed the river at night in small boats and captured the Caroline at Schlosser, killing an American, Amos Durfee. The British cut the Caroline loose, towed it into the current, set it on fire and left it to drift down the river. A contemporary newspaper depicted the fiery wreck tipping over Niagara Falls, but later research suggested that it broke up and sank before that. Two weeks later, the British attacked Navy Island and defeated the rebels, but demands for reform forced the British to grant Canadians greater autonomy and led eventually to Canada's post-colonial dominion status.
The passions aroused by the Caroline incident on both sides of the border brought Britain and the United States to the brink of war as it raised the fundamental question of how a country can legitimately respond to cross-border fire or attacks by irregular forces that the government of the neighboring territory is failing to prevent. The British claimed the right to cross into American territory to conduct a "preemptive" military operation to prevent further men and arms reaching the rebels on Navy Island, while Americans universally viewed this as an act of war and a violation of U.S. sovereignty.
President Van Buren sent Major General Winfield Scott to Buffalo to discourage Americans from launching further attacks on Canada, but Britain and the United States remained at a diplomatic impasse for more than four years. To complicate matters further, American authorities arrested a Canadian named Alexander McLeod who claimed to have taken part in the raid and a court in New York State put him on trial for the murder of Amos Durfee.
But powerful interests in both countries were eager to resolve the dispute. British bankers wanted to invest in the United States and American land developers wanted British capital. Other important matters, such as the border of Maine and New Brunswick and the disposition of Oregon, also remained unresolved due to the diplomatic stand-off. Finally, in 1842 the British government sent Lord Ashburton, a senior partner in Barings Bank, to Washington to negotiate with the new Secretary of State Daniel Webster. They exchanged several letters and Ashburton eventually expressed his government's regrets for the incident based on Webster's definition of the relevant customary international law, which went as follows: "(The U.S. Government) does not think that that transaction can be justified by any reasonable application or construction of the right of self-defence under the laws of nations. It is admitted that a just right of self-defence attaches always to nations as to individuals, and is equally necessary for the preservation of both. But the extent of this right is a question to be judged of by the circumstances of each particular case, and when its alleged exercise has led to the commission of hostile acts within the territory of a Power at peace, nothing less than a clear and absolute necessity can afford ground of justification...
"Under these circumstances, and under those immediately connected with the transaction itself, it will be for Her Majesty's Government to show upon what state of facts, and what rules of international law, the destruction of the Caroline is to be defended. It will be for that Government to show a necessity of self-defense, instant, overwhelming, leaving no choice of means, and no moment for deliberation. It will be for it to show, also, that the local authorities of Canada, even supposing the necessity of the moment authorized them to enter the territories of The United States at all, did nothing unreasonable or excessive; since the act, justified by the necessity of self-defence, must be limited by that necessity, and kept clearly within it. It must be shown that admonition or remonstrance to the persons on board the Caroline was impracticable, or would have been unavailing; it must be shown that day-light could not be waited for; that there could be no attempt at discrimination between the innocent and the guilty; that it would not have been enough to seize and detain the vessel; but that there was a necessity, present and inevitable, for attacking her in the darkness of the night, while moored to the shore, and while unarmed men were asleep on board, killing some and wounding others, and then drawing her into the current, above the cataract, setting her on fire, and, careless to know whether there might not be in her the innocent with the guilty, or the living with the dead, committing her to a fate which fills the imagination with horror. A necessity for all this, the Government of the United States cannot believe to have existed.
"All will see that if such things be allowed to occur, they must lead to bloody and exasperated war."
Webster's words defined what have since been recognized in international law as the principles of necessity and proportionality. His precise wording has been cited in subsequent cases, in particular the "necessity of self-defense, instant, overwhelming, leaving no choice of means, and no moment for deliberation" and that the action taken "must be limited by that necessity, and kept clearly within it." Perhaps most notably, the International War Crimes Tribunal at Nuremberg cited the Caroline case as an established legal precedent in rejecting the defendants' claim that Germany's invasion of Norway was an act of preemptive self-defense. The judges rejected the claim that "Germany alone could decide...whether preventive action was a necessity, and that in making her decision her judgment was conclusive." The Tribunal ruled that this "must ultimately be subject to investigation and adjudication if international law is ever to be enforced."
Applying Webster's standards to the drone attacks in Pakistan, it is clear that President Obama is not faced with an "instant" or "overwhelming" "necessity of self-defense," and that, far from having "no moment for deliberation," the United States government has in fact taken seven years since bin-Laden and al-Qaeda fled into Pakistan to come up with this particular "choice of means." As with Guantanamo, the fact that the U.S. spent seven years and billions of the taxpayers' dollars developing an illegal policy does not provide a justification for continuing it now.
Guantanamo has also demonstrated that U.S. intelligence agents are often unable to distinguish terrorists from innocent civilians even when they are shackled to the floor right in front of them. The drone pilots who fire missiles in Pakistan from computer terminals at Nellis Air Force Base in Las Vegas cannot possibly know for sure who they are firing at, making this a dangerously indiscriminate and excessive use of force, and therefore failing Webster's proportionality test.
Nellis AFB has been turned into a macabre casino, where grounded Air Force pilots play games with the lives of unknown men, women, and children on the other side of the world. Using consoles modeled on Xbox and Playstation, they consign their victims to "a fate which fills the imagination with horror" with the push of a button. During the U.S. invasion of Iraq, Rob Hewson, the editor of the arms trade journal Jane's Air-Launched Weapons, assessed the accuracy of U.S. "precision" weapons at 75-80 percent, meaning that another 20-25 percent miss their targets by at least 30 feet. So the impression given by the Pentagon and CNN that these weapons can be used to surgically "zap" one house in a civilian area without harming innocent people is an artful blend of propaganda and science fiction. The attacks in Pakistan fail both Webster's proportionality test and more general prohibitions against the use of military force in predominantly civilian areas.
The remarkable thing about Bush's, and now Obama's, efforts to ignore the Caroline principles in their response to terrorism is that these principles were originally formulated in the context of terrorism, as the history of the Caroline incident demonstrates. The argument that terrorism, which led to the establishment of these principles in the first place, has now rendered them obsolete or inadequate makes no sense at all. Officials who make this argument are either tragically ignorant of international law or cynically intent on deceiving the public.
In its recent report on terrorism, counter-terrorism, and human rights, a panel convened by the International Commission of Jurists (ICJ) explained that the United States government has confused the public by framing its counter-terrorism activities within a "war paradigm." A legal state of war between nations, in which the laws of war apply, is quite different from the rhetorical use of the term "war," as in the "war on terror," the "war on drugs," or the "war on obesity," which does not provide a legal basis for indefinite detention, let alone torture or the illegal use of military force.
The ICJ panel found that, "The US's war paradigm has created fundamental problems. Among the most serious is that the US has applied war rules to persons not involved in situations of armed conflict, and in genuine situations of warfare, it has distorted, selectively applied and ignored otherwise binding rules, including fundamental guarantees of human rights laws." These "binding rules" and "fundamental guarantees" include the Caroline principles of necessity and proportionality, as well as the Third and Fourth Geneva Conventions, the International Covenant on Civil and Political Rights, the U.S. War Crimes Act and Uniform Code of Military Justice, and the entire body of international law governing war and human rights.
The ICJ panel concluded that, contrary to the claims of the U.S. government, the established principles of international law "were intended to withstand crises, and they provide a robust and effective framework from within which to tackle terrorism." Any effort to "root out safe havens for terrorists" in Pakistan must therefore be governed by the same principles of necessity and proportionality that U.S. Secretary of State Daniel Webster stipulated to the British government in 1841, and which have since gained universal recognition as binding customary international law.
Z Magazine Archive
AnnouncementsLABOR - May 1 is May Day. Workers of the world will celebrate the 124th anniversary of International Worker’s Day. Born out of a call for an 8-hour workday in the United States, this day is an opportunity for all workers to show their solidarity with one another, as well as to renew the call for labor rights.
FARM CONFERENCE - The Farm Conference on Community and Sustainability will be held May 24-26 in Summertown, TN, in partnership with the Fellowship of Intentional Communities. Tour green homes, see sustainable food production, learn about solar installations, alternative education, midwifery, and more.
Contact: Douglas@thefarmcommunity.com; http://www.thefarmcommunity.com/.
PALESTINE - The Conference of the Palestinian Shatat in North American will be held June 3-5 in Vancouver. The conference will examine the future of the Palestinian liberation movement.
Contact: email@example.com; http://www.palestinianconference.org/.
LABOR - The Pacific Northwest Labor History Association’s 45th annual conference will be held May 3-5, in Portland, OR. This year’s theme is Labor Under Attack: Learning from the Past and Preparing for the Future. A call for presentations, workshops and papers is currently underway.
Contact: PNLHA, 27920 68th Ave. East, Graham, WA 98338; 206-406-2604; PNLHA1@aol.com; http://www3.telus.net.
MARIJUANA - On the first Saturday of May marijuana legalization activists will hold informational and educational events, rallies and marches in over 300 cities around the world.
ECONOMICS - The Union For Radical Political Economics will hold its 39th annual conference May 9-11 in New York City.
RECLAIM THE DREAM - The 2013 Poor People’s Campaign & March from Baltimore to Washington D.C. will be May 11. Communities, schools and unions interested in participating are encouraged to contact the Baltimore People’s Assembly.
Contact: 410-500-2168; 410-218-4835; BaltimorePeoplesAssembly@gmail.com; Southern Christian Leadership Conference of Baltimore and the Baltimore Peoples Power Assembly, 2011 N. Charles St., Baltimore, MD 21218.
MOTHER’S DAY - The 17th Annual Mother’s Day Walk For Peace will be May 12th, in Dorchester, MA. The walk began in 1996 for families who had lost children to violence. The day has become a way for thousands of people to financially support the work of the Louis Brown Peace Institute.
Contact: http://www.ldbpeaceinstitute.org/; http://mothersdaywalk4peace.org/.
NATO 5 - An International Week of Solidarity with the NATO 5 has been called for May 16-21. Supports call on supporters to raise awareness of the NATO 5 and support funds for the defendants on the one-year anniversary of their preemptive arrests.
Contact: firstname.lastname@example.org; https://nato5support.wordpress.com.
MOUNTAINTOP - The 2013 Mountain Justice Summer Activist Training Camp will be held May 19-27 in Damascus, VA. It will be a week of workshops, field trips to view Mountain Top Removal coal mines, direct actions, and service project.
FEMINIST SCI-FI - The feminist science fiction convention WisCon 37 is scheduled for May 24-27 in Madison, WI.
Contact: WisCon, ? SF3, PO Box 1624, Madison, WI 53701; email@example.com; http://www.wiscon.info/.
ANARCHY FEST - A month-long Festival of Anarchy is scheduled for May in Montreal. The festival includes The Montreal Anarchist Bookfair (May 19-20).
Contact: http://www.anarchistbookfair.ca/; http://www.radicalmontreal.com/.
LABOR - The International Labor Rights Forum will present: Down the Supply Chain, Driving Corporate Accountability, on May 22 in Washington, DC. The Labor Rights Awards Ceremony and Reception will honor pioneers in supply chain worker organizing, working solidarity and international labor rights policy.
MULTICULTURE - The 26th annual National Conference on Race & Ethnicity in American Higher Education (NCORE) will take place May 28-June 1, in New Orleans.
Contact: SWCHRS, 3200 Marshall Avenue, Suite 290, Norman, OK 73072; 405-325-3694; firstname.lastname@example.org; www.ncore.ou.edu.
MEDIA - The 2013 Alliance for Community Media Annual Conference will be held May 29-31, in San Francisco, CA. Participants will include educators, community leaders, media professionals, journalists, nonprofit leaders, policymakers and students.
RADIO - The 38th Annual Community Radio Conference is schedule for May 29-June 1, in San Francisco, CA, with discussions and workshops.
Contact: 1101 Pennsylvania Ave. NW, Suite 600, Washington, DC 20004; 202-756-2268; email@example.com; http://www.nfcb.org/.
BRADLEY MANNING - On June 1, a rally will be held at Fort Meade in support of Bradley Manning.
BIKES - Bikes Not Bombs is holding its 24th annual Bike-A-Thon and Green Roots Festival in Boston, MA on June 3, with several bike rides scheduled, music, exhibitors and more.
Contact: Bikes Not Bombs, 284 Amory St., Jamaica Plain, MA 02130; 617-522-0222; firstname.lastname@example.org; www.bikesnotbombs.org.
LEFT FORUM - The 2013 Left Forum will be held June 7-9, at Pace University in New York City.
Contact: 365 Fifth Avenue, CUNY Graduated Center, ? Sociology Dept., New York, NY 10016; http://www.leftforum.org/.
VEGAN FEST - Mad City Vegan Fest will be held in Madison, WI, June 8. The annual event features food, speakers, and exhibitors.
Contact: 122 State Street, Suite 405 B, Madison, WI 53701; email@example.com; http://veganfest.org/.
ADC CONFERENCE - The American-Arab Anti-Discrimination Committee (ADC) holds its annual conference June 13-16, in Washington, DC, with panel discussions and workshops on civil rights, media and other topics.
Contact: 1990 M Street, Suite 610, Washington, DC, 20036; 202-244-2990; firstname.lastname@example.org http://convention.adc.org/.
CUBA/SOCIALISM - A Cuban-North American Dialog on Socialist Renewal and Global Capitalist Crisis will be held in Havana, Cuba, June 16-30. There will be a 5 day Seminar at University of Havana, plus visits to a cooperative, urban garden, community development project, social research centers, and educational & medical institutions.
Contact: email@example.com; http://www.globaljusticecenter.org/.
NETROOTS - The 8th Annual Netroots Nation conference will take place June 20-23 in San Jose, CA. The event features panels, trainings, networking, screenings, and keynotes.
Contact: 164 Robles Way, #276, Vallejo, CA 94591; firstname.lastname@example.org; http://www.netrootsnation.org/.
MEDIA - The 15th annual Allied Media Conference will be held June 20-23, in Detroit.
Contact: 4126 Third Street, Detroit, MI 48201; http://alliedmedia.org/.
GRASSROOTS - The United We Stand Festival will be hosted by Free & Equal, June 22 in Little Rock, Arkansas. The festival aims to reform the electoral process throughout the U.S.
SOCIALISM - The Socialism 2013 Conference is scheduled for June 27-30 in Chicago, featuring talks and panel discussions.
Contact: email@example.com; http://www.socialismconference.org.
LITERACY - The National Association for Media Literacy Education (NAMLE) will hold its conference July 12-13 in Los Angeles under the heading, Intersections: Teaching and Learning Across Media.
Contact: 10 Laurel Hill Drive, Cherry Hill, NJ 08003; http://namle.net/conference/.
IWW - The North American Work People’s College will take place July 12-16 at Mesaba Co-op Park in northern Minnesota. The event will bring together Wobblies from branches across the continent to learn new skills and build One Big Union.
PEACESTOCK - On July 13th, the 11th Annual Peacestock: A Gathering for Peace, will take place at Windbeam Farm in Hager City, WI. The event is a mixture of music, speakers and community for peace. Sponsored by Veterans for Peace.
Contact: Bill Habedank, 1913 Grandview Ave., Red Wing, MN 55066; 651-388-7733; firstname.lastname@example.org; http://www.peacestockvfp.org.
CHILDREN’S DEFENSE - July 15-19, join clergy, seminarians, Christian educators, young adult leaders and other faith-based advocates for children at CDF Haley Farm in Clinton, Tennessee, for five days of spiritual renewal, networking, movement building workshops, and continuing education about the urgent needs of children at the 19th annual Proctor Institute for Child Advocacy Ministry.
Contact: email@example.com; http://www.childrensdefense.org.
ACTIVIST CAMP - Youth Empowered Action (YEA) Camp will have sessions in July and August in Ben Lomond, CA; Portland, OR; Charlton, MA. YEA Camp is designed for activists 12-17 years old who want to make a difference in the world.
Contact: firstname.lastname@example.org; http://yeacamp.org/.
LA RAZA - The annual National Council of La Raza (NCLR) Conference is scheduled for July 18-19 in New Orleans, with workshops, presentations and panel discussions.
Contact: NCLR Headquarters Office, Raul Yzaguirre Building, 1126 16th Street, NW, Washington, DC 20036; 202-785-1670; www.nclr.org.
LABOR - The Eastern Conference For Workplace Democracy: Growing Our Cooperatives, Growing Our Communities, will be held at Drexel University in Philadelphia, PA, July 26-28.
Contact: email@example.com; http://east.usworker.coop/.
WOMEN/LYNNE STEWART- Radical Women is asking for support letters and cards to be sent to Lynne Stewart. Stewart is a civil rights attorney and political prisoner who is currently in jail. She has breast cancer and authorities have denied her request for transfer from her Texas prison to the New York City hospital where she received medical attention during a prior bout of breast cancer. Send messages and cards to: Lynne Stewart 53504-054, Federal Medical Center Carswell, P.O. Box 27137, Fort Worth, TX 76127.
Contact: 747 Polk Street, San Francisco, CA 94109; 415-864-1278; RadicalWomenUS@gmail.com; http://lynnestewart.org/; http://www.radicalwomen.org/.
HAITI/WOMEN - Haiti’s government is considering a legal reform measure that would prohibit and punish all sexual assault, including marital rape. MADRE and the International Campaign to Stop Rape & Gender Violence in Conflict are launching a petition to raise international support for this push to address violence against women in Haiti.
Contact: 121 West 27th Street, #301, New York, NY 10001; 212-627-0444; firstname.lastname@example.org; http://www.madre.org.
SYRIA/MIDDLE EAST - The Middle East Children’s Alliance (MECA) is currently seeking funds to assist more than 200,000 refugees fleeing violence in Syria.
FOLK FESTIVAL - The Falcon Ridge Folk Festival will be held August 2-4, in the Berkshires, NY.
Contact: http://www.falconridgefolk.com/; email@example.com.
WAR RESISTERS - The War Resisters League will hold its 90th anniversary conference, Revolutionary Nonviolence: Building Bridges Across Generations and Communities, August 1-4, at Georgetown University. The event will focus on the U.S.’ long history of antimilitarism.
Contact: 339 Lafayette Street, New York, NY 10012; 212-228-0450; firstname.lastname@example.org; http://www.warresisters.org.
POPULAR ECONOMICS - The Center for Popular Economics is holding its 2013 Summer Institute August 4-9 at Hampshire College in Amherst, MA. No background in economics is needed for this intensive training. This year’s theme is, The Care Economy: Building a Just Economy with a Heart.
Contact: Center for Popular Economics, PO Box 785 Amherst, MA 01004; 413-545-0743; email@example.com; www.populareconomics.org.
VETERANS - Veterans for Peace is holding the 28th annual convention August 6-11 in Madison, WI. This year’s theme is, Power To The Peaceful.
DEMOCRACY - The Democracy Convention will take place August 7-11 in Madison, WI. The convention brings together nine conferences including topics such as media, education, defense, race, environment and others.
MEN - The 38th National Conference on Men & Masculinity: Forging Justice: Creating Safe, Equal and Accountable Communities, presented in partnership with HAVEN, will be held in Detroit, MI, August 8-10.
Contact: firstname.lastname@example.org; http://www.nomas.org/.
OCCUPY - An Occupy National Gathering will be held in Kalamazoo, MI, August 21-25.
Contact: email@example.com; http://occupynationalgathering.net/.
COMMUNITIES - The Communities Conference is a networking and learning opportunity for co-operative or communal lifestyles, with workshops, events and entertainment; scheduled for August 30-September 2 at the Twin Oaks Community in Louisa, Virginia.
LABOR DAY - The 29th annual Bread and Roses Festival, a celebration of the ethnic diversity and labor history of Lawrence, MA, will be held September 2, in honor of the 1912 Bread and Roses Strike. There will be music, dance, poetry, drama, ethnic food, historical demonstrations, walking & trolley tours.
Contact: PO Box 1137, Lawrence, MA 01842; 978-794-1655; http://www.breadandrosesheritage.org/.
OCCUPY WALL STREET - September 17 is the two-year anniversary of the Occupy Wall Street movement. Events are planned in New York City and worldwide.
TEACHERS - The 13th Annual Conference, “Teaching for Social Justice: The Politics of Pedagogy,” will be held October 12 in San Francisco, CA. The free event features workshops, resources, and free childcare.
Contact: 415-676-7844; firstname.lastname@example.org; http://www.t4sj.org/.
HAITI - International Action, which brings clean water and chlorinators to Haiti, seeks office space capable of housing up to six people and their office equipment.
Contact: Zach Bremer, Zbrehmer@haitiwater.org; 202-488-0735; http://www.haitiwater.org/.
MEDIA - The Union for Democratic Communications and Project Censored are sponsoring a joint conference on media democracy, media activism and social justice to be held November 1-3 at the University of San Francisco. Proposals for presentations, workshops and panels from activists and critical scholars are invited.