Friday, August 14, 2015

The United States’ compliance with "The International Covenant on Civil and Political Rights" and the implications for Ukraine and Russia.

Commentary on The United States’ compliance with The International Covenant on Civil and Political Rights -- and the implications of such U.S. policy for Ukraine and Russia.

    

 
So, you'd think that the United States of America, the home of the free, the land of the brave and the cradle of democracy is at the forefront of supporting and promulgating The International Covenant on Civil and Political Rights (ICCPR)?

Wrong!

And guess what?

I don't think that the U.S. will be pushing the new pro-U.S. Ukrainian government to comply with the ICCPR any time soon -- with all ensuing (non-democratic) consequences for Ukrainians!

"In 1994, the United Nations' Human Rights Committee expressed concerns with compliance [by the Unites States]:[93]

Indeed, the United States has not accepted a single international obligation required under the Covenant. It has not changed its domestic law to conform with the strictures of the Covenant.[94]

Its citizens are not permitted to sue to enforce their basic human rights under the Covenant.[94] It has not ratified the Optional Protocol to the Convention against Torture (OPCAT).

As such, the Covenant has been rendered ineffective, with the bone of contention being United States officials' insistence upon preserving a vast web of sovereign, judicial, prosecutorial, and executive branch immunities that often deprives its citizens of the "effective remedy" under law the Covenant is intended to guarantee.

In 2006, the Human Rights Committee expressed concern over what it interprets as material non-compliance, exhorting the United States to take immediate corrective action:[95]"

So what does this covenant contain that provoked the United States' "material non-compliance?"

Probably some repulsive, communist, socialist, anarchist and other pink-o liberal junk that only card-carrying members of the ACLU would dare support?

Let's look at some select articles of the Covenant that apparently are repulsive to American politicians who, having sworn an oath to defend The U.S. Constitution (including its Bill of Rights), stubbornly refuse to ensure U.S. compliance with the Covenant and its provisions:

"Article 6 of the Covenant recognises the individual's "inherent right to life" and requires it to be protected by law.[18] It is a "supreme right" from which no derogation can be permitted, and must be interpreted widely.[19] It therefore requires parties to take positive measures to reduce infant mortality and increase life expectancy, as well as forbidding arbitrary killings by security forces.[19]

Article 7 prohibits torture and cruel, inhuman or degrading punishment.[23] As with Article 6, it cannot be derogated from under any circumstances.[16] The article is now interpreted to impose similar obligations to those required by the United Nations Convention Against Torture, including not just prohibition of torture, but active measures to prevent its use and a prohibition on refoulement.[24] In response to Nazi human experimentation during WW2 this article explicitly includes a prohibition on medical and scientific experimentation without consent.[23]

Article 9 recognises the rights to liberty and security of the person. It prohibits arbitrary arrest and detention, requires any deprivation of liberty to be according to law,[27] and obliges parties to allow those deprived of their liberty to challenge their imprisonment through the courts.[28] These provisions apply not just to those imprisoned as part of the criminal process, but also to those detained due to mental illness, drug addiction, or for educational or immigration purposes.[29]

Articles 9.3 and 9.4 impose procedural safeguards around arrest, requiring anyone arrested to be promptly informed of the charges against them, and to be brought promptly before a judge.[30]

It also restricts the use of pre-trial detention,[31] requiring it to be imposed only in exceptional circumstances and for as short a period of time as possible.[29]

Article 10 requires anyone deprived of liberty to be treated with dignity and humanity.[32]

Article 12 guarantees freedom of movement, including the right of persons to choose their residence and to leave a country.[47]

Article 14 recognizes and protects a right to justice and a fair trial.

Article 18 mandates freedom of religion.[55]

Article 19 mandates freedom of expression.[56]

Article 20 mandates sanctions against inciting hatred.[57]

Articles 21 and 22 mandate freedom of association.

Article 27 mandates the rights of ethnic, religious and linguistic minority to enjoy their own culture, to profess their own religion, and to use their own language.[62]"

Wow, aren't you glad that the U.S. Political Establishment refuses to support this Covenant and its apparently anti-democratic and anti-American provisions that freedom loving Americans just wouldn't want the United Nations to shove down their throats?

And with all that in mind the United States is going to try to lead the crusade for freedom and democracy around the world, including Ukraine and Russia?

As they say, charity starts at home.

https://twitter.com/URA_Observer/status/632298557417123840

Friday, August 7, 2015

Atomic Bombings of Hiroshima and Nagasaki - A Crime of War and against Humanity that must be acknowledged and rectified.

Atomic Bombings of Hiroshima and Nagasaki - A Crime of War and against Humanity that must be acknowledged and rectified.

It’s not what people and their governments do that counts, it’s what they do afterwards.

People, nations and countries make mistakes and commit crimes and atrocities against fellow man.

Some of them eventually recognize their wrongs, their sins, and repent. These countries and people have a moral future

Others do not and sometimes even revise history to justify their actions. Such nations then head toward an eventual dead-end in history, moral and cultural development.

Yesterday, August 6, 2015 was the 70th anniversary of the atomic bombing of Hiroshima by the United States. Three days later the U.S. dropped another bomb on Nagasaki.

Japan and its military wrongfully attacked the United States surreptitiously at Pearl Harbor on December 7, 1941, making Japan the military aggressor.

Yet, all wars are started by someone. Japan started the war against the U.S. in a “traditional” & “proper” way (if there is one) by attacking a legitimate military target – the U.S. Pacific fleet at Pearl Harbor.

Surreptitious surprise attacks are rightfully disdained – unlike an honorable duel between knights, no warning is given before the aggressor pounces on its enemy like a predator pounces on its prey – but from a cold-blooded military tactics point of view, surprise attacks by a smaller enemy have been viewed as a legitimate means to quickly disable a superior adversary, who, if were not for the sneak attack, would surely beat back and defeat the smaller attacker.

So that’s what Japan, a lone wolf in comparison to the American Grizzly, did at Pearl Harbor. It attacked a bigger and superior adversary with the hopes of temporarily disabling it in the hopes of achieving a military and political victory (with the help of its Axis partners, Nazi Germany and Fascist Italy), perhaps through a negotiated settlement that would have the U.S. secede large swaths of the Pacific to Japan.

Japan took a chance as the wrongful military aggressor against the United States and it lost. The Japanese also committed horrific war crimes in countries that they occupied, including mainland China, the Philippines and other places, including British, French, Portuguese and Dutch colonies.

The commission of such war crimes and crimes against humanity deserved condemnation and proper punishment – of those responsible, namely of the Japanese military commanders, officers and enlisted men who committed such acts as well as punishment of the Japanese political leadership who ordered them.
  
Nevertheless, the wrongful conduct and crimes of the Japanese Imperial government and military cannot justify the war crime committed against the civilian populations of Hiroshima and Nagasaki by the U.S. atomic bombing of these cities in August of 1945.

The Unites States military and political establishment has always justified the bombing of Hiroshima and Nagasaki by claiming that these bombings were a military necessity needed to force Japan’s surrender without the loss of hundreds of thousands (if not millions!) of U.S. troops during the invasion of the Japanese mainland.

This is a lie, pure and simple. By August 6, 1945, the U.S. Navy had blockaded the Japanese mainland and pretty much destroyed the Japanese fleet. Moreover, Japan was cut of from sources of petrochemical fuels (oil and coal) needed for its planes, ships, trucks and other defensive pieces of machinery.

Had the U.S. kept up the naval blockade, bombing and shelling of Japanese military and industrial targets – after Nazi Germany’s surrender on May 8, 1945 the U.S. certainly had the manpower to do it on it own even without the assistance of the Soviet Union – Japan would have surrendered within six months or a year at most.

Yet the bombing of Hiroshima and Nagasaki was more that just cruel and deadly retribution against an enemy’s civilian population – like the fire bombings of Tokyo and Dresden that killed hundreds of thousands – it was a war crime of unparallel scope and intensity that was committed not just to punish the Japanese people (who had no real say in their Emperor’s decision to attack the U.S.) but also to test out a new weapon of mass destruction.

Moreover, I believe that the nuclear bombings of Hiroshima and Nagasaki - incidentally, Japanese cities with very high, if not the highest, percentages of Christian residents in Japan – were conducted to (a) demonstrate to Joseph Stalin’s Soviet Union America’s new military might and ability to contain Soviet communism in Europe and elsewhere and (b) force a quick surrender of Japan to minimize Soviet military and territorial gains from Japan in the Far East.

Regardless of the geopolitical and military arguments and reasons, the purposeful condemnation to a horrible death of Hiroshima and Nagasaki’s civilian populations, including so many elderly, women and children – by immediate incineration and eventual death from radiation burns, radiation sickness, cancer, mutations and birth defects – is a war crime that deserves to be recognized as such and properly condemned.

The maliciousness of this war crime is exacerbated by the racism and dehumanization applied to the Japanese by the U.S. government, military and society. The Japanese were portrayed and treated as sub-human, yellow, slant-eyed ape-like carnivorous creatures without a conscience, and were treated as such. This influenced the mass incarceration of Japanese Americans in internment camps, the mistreatment of Japanese prisoners of war (including summary execution upon capture) and the fire-bombing and nuclear bombing of Japanese cities.

No, Japanese war crimes do not justify – and can never justify in war – the commission of similar retaliatory crimes by the United States, the self-declared cradle and defender of Democracy world-wide.

Two wrongs do not make a right – we cannot fight evil with greater evil without becoming unwitting servants of evil itself.

By bombing Hiroshima, a mostly civilian target, and especially, by needlessly bombing Nagasaki only three days later, the United States committed a war crime and a crime against humanity. No subsequent advantages vis-a-vis against the Soviet Union can ever justify the depth of this crime and the dangerous precedent that it creates (while its not recognized as a war crime) in the use of weapons of mass destruction against civilian populations to achieve military and political ends.

There is only one moral way out for the United States, its government and population. We must acknowledge what happened as a crime of war and against humanity (repent), make amends (reparations to the survivors and their progeny) and make sure that we reject formally & legally the first use (preemptive, as they usually justify) of nuclear weapons in war. 

If we don’t acknowledge, repent and make amends, then the likelihood that the Unites States will use nuclear weapons first – with devastating and possible lethal consequences not just for the participants of the nuclear conflict, but possibly with species-ending consequences for all of humanity – will remain.

As Murphy’s Law holds, if it can happen, then it will, eventually. Unfortunately, we as humanity cannot afford that eventuality.

So with all that in mind, the current Ukrainian civil war currently presents one of the greatest threats to humankind, as escalation of the conflict could lead to “limited” nuclear war if Russia and NATO countries are sucked in.

As such, the best thing that we can do to minimize the threat of nuclear war is to do everything possible to make sure that this conflict is resolved through a political compromise, as envisioned in the Minsk Accords.

But the above are merely the opinions of the author, a man who was born in 1968 and whose closest approach to the dangers of man-made radiation and war crimes was

(a) by contracting viral meningitis after his immune system was shot by contamination from tritium and phosphorus-32 in a pharmacology laboratory,

(b) visiting abandoned and mothballed Manhattan Project laboratories (containing radioactive Uranium-238!) at Columbia University during his freshman year in 1987 (see http://columbiaspectator.com/spectrum/2015/01/22/spectrum-investigates-tunnel-system), and   

(c) watching the artillery shelling and Aviation Strikes on Lugansk, Ukraine  by Ukrainian Armed Forces in June of 2014.

Let’s see what others believe, feel and have written about what happened in Hiroshima and Nagasaki in 1945.
  
1. Eamonn McCann: Hiroshima was a crime against humanity
The Irish Times

“Strong evidence exists that Japan prepared to surrender before the bomb was dropped

The bombs reduced Hiroshima, population 350,000, and Nagasaki, 210,000, to smears of ash and vaporised at least 200,000 civilians. Upwards of another 250,000 were to die from radiation poisoning in later years.

In a radio broadcast within hours of Hiroshima, Truman told the nation: “We are now prepared to obliterate more rapidly and completely every productive enterprise the Japanese have standing above ground in any city. We shall destroy their docks, their factories and their communications. Let there be no doubt.” (Docks, factories, communications. . . People didn’t rate a mention.)

The US strategic bombing survey, commissioned by Truman, compiled by a civilian team including John K Galbraith and based on interviews with more than 400 US officers and on access to the complete Japanese military logs, reported in July 1946: “Based on a detailed investigation of all the facts and supported by the testimony of the surviving Japanese leaders involved, it is the survey’s opinion that . . . Japan would have surrendered even if the atomic bombs had not been dropped, even if Russia had not entered the war and even if no invasion had been planned or contemplated.”

The Soviet Union joined the war in Asia two days after Hiroshima, a day before Nagasaki, delivering in the nick of time on a promise made by Stalin in Yalta – and also with a view to qualifying as a combatant entitled to a share of the spoils.
The US will meanwhile have wanted to impress on the world and especially on Stalin that it possessed weapons capable of reducing any rival to rubble.
Thus, there were geopolitical reasons for killing everybody in the two Japanese cities that may have been more persuasive with US leaders than urgency to end the war.

The atomic bombing of Hiroshima and Nagasaki had no moral or military justification. It was a crime against humanity.”



2. At Hiroshima’s 70th Anniversary, Japan Again Mourns Dawn of Atomic Age.
The New York Times
 
"History Lessons: How Textbooks from Around the World Portray U.S. History," published in 2004 and collected excerpts from textbooks in different parts of the world.

Here's a sample from Italy: "There was no doubt that in very little time the Japanese, already at the end of their tether, would have had to surrender ... What seems certain is that the show of force, made indiscriminately at the expense of unarmed people, increased the United States' weight in post-war tensions and decisions, especially concerning the Soviet Union. It is probably therefore that Truman's decision was inspired more by post-war prospects than by calculations on the most convenient method to put an end to the conflict with Japan."
Kohei Oiwa, an 83-year-old bombing survivor, sat silently through Mr. Abe’s remarks at the ceremony but criticized him bluntly afterward. He condemned legislation now before Parliament that would allow Japanese forces to fight overseas, in limited situations, for the first time since the war. And he criticized as hypocritical the government’s repeated pledges to help rid the world of nuclear weapons. Japan, he noted, accepts the protection of the United States, its former enemy turned close ally, including the deterrent provided by the American nuclear arsenal.



3. Hiroshima atomic bomb survivors visit Baltimore, call for peace
The Baltimore Sun

“Estimates of casualties of the two bombings approach 250,000, most of them civilians. Japan announced its surrender Aug. 15, ending World War II. The number of casualties is difficult to ascertain because it was not clear how many people were living in the cities during the war, and people continued to die of bomb-related illnesses many years afterward.
Seventy years ago, Goro Matsuyama watched as his city was destroyed.

Matsuyama was 16 years old when the United States dropped its first atomic bomb on Hiroshima. He remembers feeling sad when Japan surrendered at the end of the second World War. But his views have evolved.

"I am against war itself," Matsuyama, now 86, said Thursday through a translator. "If there is no war, there will be no nuclear bombs. We should fight against war. That is the only way to achieve peace."

In Tokyo, the U.S. Embassy warned that the anniversary was "a traditional day of protests" against the embassy and told American citizens to avoid demonstrations or other large gatherings.

But in Hiroshima, the scene was peaceful. Lanterns floated in the river through Hiroshima overnight, while survivors of the blast were preparing to read poems at the memorial. A "Don't repeat the war" conference was held, and choirs performed.”



4. Atomic bombings of Hiroshima and Nagasaki
From Wikipedia, the free encyclopedia

"Debate over bombings.

The atomic bomb was more than a weapon of terrible destruction; it was a psychological weapon.

—Henry L. Stimson, 1947[259]
A shot along a river. There is a bridge in the distance, and a ruined domed building in the middle distance. People walk along the footpath that runs parallel to the river
Citizens of Hiroshima walk by the Hiroshima Peace Memorial, the closest building to have survived the city's atomic bombing
The role of the bombings in Japan's surrender and the U.S.'s ethical justification for them has been the subject of scholarly and popular debate for decades. J. Samuel Walker wrote in an April 2005 overview of recent historiography on the issue, "the controversy over the use of the bomb seems certain to continue." He wrote that "The fundamental issue that has divided scholars over a period of nearly four decades is whether the use of the bomb was necessary to achieve victory in the war in the Pacific on terms satisfactory to the United States."[260]

Supporters of the bombings generally assert that they caused the Japanese surrender, preventing casualties on both sides during Operation Downfall. One figure of speech, "One hundred million [subjects of the Japanese Empire] will die for the Emperor and Nation,"[261] served as a unifying slogan, although that phrase was intended as a figure of speech along the lines of the "ten thousand years" phrase.[262] In Truman's 1955 Memoirs, "he states that the atomic bomb probably saved half a million U.S. lives— anticipated casualties in an Allied invasion of Japan planned for November. Stimson subsequently talked of saving one million U.S. casualties, and Churchill of saving one million American and half that number of British lives."[263] Scholars have pointed out various alternatives that could have ended the war without an invasion, but these alternatives could have resulted in the deaths of many more Japanese.[264] Supporters also point to an order given by the Japanese War Ministry on August 1, 1944, ordering the execution of Allied prisoners of war when the POW camp was in the combat zone.[265]

Those who oppose the bombings cite a number of reasons for their view, among them: a belief that atomic bombing is fundamentally immoral, that the bombings counted as war crimes, that they were militarily unnecessary, that they constituted state terrorism,[266] and that they involved racism against and the dehumanization of the Japanese people. Another popular view among critics of the bombings, originating with Gar Alperovitz in 1965 and becoming the default position in Japanese school history textbooks, is the idea of atomic diplomacy: that the United States used nuclear weapons in order to intimidate the Soviet Union in the early stages of the Cold War.[267] The bombings were part of an already fierce conventional bombing campaign. This, together with the sea blockade and the collapse of Germany (with its implications regarding redeployment), could also have led to a Japanese surrender. At the time the United States dropped its atomic bomb on Nagasaki on August 9, 1945, the Soviet Union launched a surprise attack with 1.6 million troops against the Kwantung Army in Manchuria. "The Soviet entry into the war", argued Japanese historian Tsuyoshi Hasegawa, "played a much greater role than the atomic bombs in inducing Japan to surrender because it dashed any hope that Japan could terminate the war through Moscow's mediation".[268]"




Listing of URA Observer's Prior Posts on Facebook.

For those of you who may not follow or have missed this blog's prior posts on Facebook, here's a list:
  
The Ukrainian-Russian-American Observer

https://www.facebook.com/URA.Observer


Report: Global War On Terror Has Killed Over 4 Million Muslims.
August 5, 2015

     https://www.facebook.com/URA.Observer/posts/1165102920170512

You can lose your U.S. passport without a court order or a contested court proceeding if you're suspected of helping terrorists or not paying your taxes!
August 5, 2015

     https://www.facebook.com/URA.Observer/posts/1165029146844556

Dumping Debt and Seizing Assets - Ukrainian Countermeasures for Russian Aggression?
July 30, 2015

     https://www.facebook.com/URA.Observer/posts/1161466413867496

Ukraine agribusiness firms in 'quiet land grab' with development finance.
July 30, 2015 

     https://www.facebook.com/URA.Observer/posts/1161461493867988

What is happening to civilians trapped in eastern Ukraine’s war zone?
July 30, 2015

     https://www.facebook.com/URA.Observer/posts/1161458573868280
  
When Ukraine is no longer Ukraine.
July 30, 2015 
  
     https://www.facebook.com/URA.Observer/posts/1161390380541766

Ukraine faces mass starvation and the exodus of millions, says bishop
July 30, 2015

     https://www.facebook.com/URA.Observer/posts/1161388253875312

Pentagon Plans More Support for Ukraine as Buffer Zone Mooted
July 30, 2015
  
     https://www.facebook.com/URA.Observer/posts/1161384840542320
  
Special Report: Ukraine struggles to control maverick battalions
July 30, 2015 

     https://www.facebook.com/URA.Observer/posts/1160846030596201

Ukraine: World’s unseen refugee crisis
July 28, 2015 

      https://www.facebook.com/URA.Observer/posts/1160339223980215

OSCE Delegation Confirms That It Came Under Fire in Donbass
July 28, 2015 

      https://www.facebook.com/URA.Observer/posts/1160332987314172

The White House Should Resist Calls to Arm Ukraine
July 28, 2015

       https://www.facebook.com/URA.Observer/posts/1160329397314531

Ukrainian Jew who transported 137 faceless corpses starts over in Israel
July 28, 2015 

       https://www.facebook.com/URA.Observer/posts/1160323293981808

In America, mass incarceration has caused more crime than it’s prevented
July 25, 2015 

       https://www.facebook.com/URA.Observer/posts/1158445637502907
  
New Sandy Bland Dash Cam Footage Released - The Young Turks
July 25, 2015 

       https://www.facebook.com/URA.Observer/posts/1158416917505779
  
IMF Violates IMF Rules, to Continue Ukraine Bailouts
July 13, 2015 

      https://www.facebook.com/URA.Observer/posts/1150285758318895 

The IMF Has Made €2.5 Billion Profit Out of Greece Loans
July 6, 2015 

      https://www.facebook.com/URA.Observer/posts/1146490755365062

Churches introduce FACIAL RECOGNITION to keep track of members' attendance
July 2, 2015

      https://www.facebook.com/URA.Observer/posts/1143869662293838
  
XKEYSCORE: NSA's Google for the World's Private Communications
July 2, 2015

    https://www.facebook.com/URA.Observer/posts/1143842275629910

What Borders Mean to Europe
The Muslim refugee crisis, Greece's economic quagmire and the situation in Ukraine all stem from Europe's understanding of borders.
July 2, 2015

     https://www.facebook.com/URA.Observer/posts/1143739658973505
   
Operation Barbarossa
June 23, 2015
  
      https://www.facebook.com/URA.Observer/posts/1138237539523717