'Chain of Command': What Geneva Conventions?
Sunday, October 17, 2004 at 12:35PM
TheSpook
- Originally published in the New York Times on October 17, 2004 [here
]
Copyright 2004 The New York Times Company
By MICHAEL IGNATIEFF
- The Road From 9/11 to Abu Ghraib.
By Seymour M. Hersh
394 pp. HarperCollins Publishers. $36.95.
CHAIN OF COMMAND'' is the best book we are likely to have, this close
to events, about why the United States went from leading an
international coalition, united in horror at the attacks of 9/11, to
fighting alone in Iraq and, in Abu Ghraib, to violating the very human
rights it said it had come to restore.
According to Seymour M. Hersh, whose revelations this spring about the
Abu Ghraib scandal have matched in impact his breaking of the My Lai
story in 1969, this fatal declension was a direct consequence of
presidential decisions taken long before combat in Iraq. The war on
terror began as a defense of international law, giving America allies
and friends. It soon became a war in defiance of law. In a secret order
dated Feb. 7, 2002, President Bush declared, as Hersh puts it, that
''when it came to Al Qaeda the Geneva Conventions were applicable only
at his discretion.'' Based on memorandums from the Defense and Justice
Departments and the White House legal office that, in Anthony Lewis's
apt words, ''read like the advice of a mob lawyer to a mafia don on how
to . . . stay out of prison,'' Bush unilaterally withdrew the war on
terror from the international legal regime that sets the standards for
treatment and interrogation of prisoners. Abu Ghraib was not the work
of a few bad apples, but the direct consequence, Hersh says, of ''the
reliance of George Bush and Donald Rumsfeld on secret operations and
the use of coercion -- and eye-for-an-eye retribution -- in fighting
terrorism.''
The resort to torture also flowed from the administration's fantasies
of liberating Iraq and its failure to anticipate Iraqi resistance. Once
this resistance began to claim American lives in the summer and autumn
of 2003, the administration believed it had to let the dogs loose --
literally -- at the prison at Abu Ghraib. Torture and humiliation
became the fallback response to the failure to plan for occupation.
Bush may have neglected to anticipate Iraqi resistance, but Saddam
Hussein did not. According to Ahmad Sadik, an Iraqi Air Force brigadier
general in signals intelligence Hersh interviewed in Damascus in
December 2003, Hussein had ''drawn up plans for a widespread insurgency
in 2001, soon after George Bush's election brought into office many of
the officials who had directed the 1991 gulf war,'' stockpiling small
arms around the country. Insurgency divisions were set up under the
command of Izzat al-Douri and Taha Yassin Ramadan, Hussein's
lieutenants. If this is true, and if, as Sadik told Hersh, he was
interviewed by American intelligence after the fall of Baghdad, it is
genuinely astonishing that the administration did not see the
insurgency coming.
We now have two major accounts of the road to war in Iraq, Hersh's
''Chain of Command'' and Bob Woodward's ''Plan of Attack.'' Hersh is
the anti-Woodward. Woodward is official scribe to the inner sanctum,
and his access -- to Bush, Cheney, Rumsfeld and Powell -- gives his
account real authority, but at a price. In Woodward's world, everything
is what the principals say it is. In Hersh's world, by contrast,
nothing the policy elites say is true actually is. Sy Hersh would be
persona non grata in that inner sanctum, because unlike Woodward, he is
not inclined to take dictation from presidents. What Hersh lacks in
privileged access, he makes up for in unparalleled sources throughout
the Washington bureaucracy, among the secret army of spooks,
bureaucrats and bag carriers in the F.B.I., State and Defense. ''Chain
of Command'' is a whispering gallery peopled by phantoms: a ''former
U.S. ambassador in the Middle East told me,'' ''one recently retired
senior military officer . . . said at the time,'' ''a high-ranking
intelligence official similarly noted.'' Hersh has sources not just in
Washington, but also in Syria, Turkey, Pakistan and Israel. In his
introduction, David Remnick, the editor of The New Yorker, where Hersh
has been writing steadily about national security and intelligence
issues and Afghanistan and Iraq, assures readers that Hersh's tips are
verified by the magazine's editors. The problem is not accuracy, I
think, so much as whose agenda Hersh may be furthering without meaning
to. Are C.I.A. operatives talking to him to cover the agency's
lamentable failures? Are State Department people spinning him because
State is so obviously out of the loop on key decisions?
Hersh has vacuumed up all their doubts and anger at the policy they
were charged to execute. Put Woodward together with Hersh and an abyss
opens up, dividing the decision elite's view of the road to war --
ideological, pristine, hard-edged and clear -- and the foot soldiers'
view -- messy, incompetent, confused and sometimes downright immoral.
Hersh's reporting is not faultless -- he never really established, at
the time, just how flawed the weapons of mass destruction intelligence
truly was, and he allowed himself to accept the conventional wisdom of
the early days of the invasion, that the United States would get bogged
down because it lacked sufficient troops. The problem turned out not to
be the execution of the combat phase, but the lack of preparation for
the occupation phase.
At a few points, a reader is left wondering: so how would Hersh control
the abuses he so tellingly illuminates? Take the case of the Hellfire
missile strike on a Qaeda leader named Qaed Salim Sinan al-Harethi,
while he was driving in a car in Yemen. Hersh equivocates, admiring the
precision of the strike but not addressing the hard question: if the
technology exists to eliminate a genuine and correctly identified
terrorist cadre, how do you keep the practice under legal and political
control so that targeted killing does not degenerate into a
Vietnam-style Operation Phoenix program?
At the end of the book, Hersh confesses that he still hasn't got the
whole story. ''There is so much about this presidency that we don't
know, and may never learn,'' he writes. ''How did they do it? How did
eight or nine neoconservatives who believed that war in Iraq was the
answer to international terrorism get their way? How did they redirect
the government and rearrange longstanding American priorities and
policies with so much ease? How did they overcome the bureaucracy,
intimidate the press, mislead the Congress and dominate the military?
Is our democracy that fragile?''
Yes, our democracy is that fragile. Checks and balances in the American
constitutional system are functioning poorly. With some creditable
exceptions -- Senators Byrd, Kennedy, Biden come to mind -- Congress
did not subject the case for war to critical scrutiny. The courts
deferred for too long to presidential authority, and only now with the
recent Supreme Court decision, on the rights of enemy combatants at
Guantanamo Bay, that ''a state of war is not a blank check for the
president,'' have they begun to claw back some of their prerogatives of
judicial review. Nor, in the lead-up to war, did the press, Hersh
included, subject the administration case on weapons of mass
destruction to the critical scrutiny it cried out for. They were taken
for a ride, and so were we.
What we have learned since, however, about the secret war fought in our
name and to our discredit, we owe to reporters, chief among them Sy
Hersh. This book reminds us why tough, skeptical journalism matters so
much: it helps to keep us free.
- Michael Ignatieff is the Carr professor of human
rights at Harvard's John F. Kennedy School of Government and the author
of ''The Lesser Evil: Political Ethics in an Age of Terror.''
Article originally appeared on The BrownWatch: News for People of Color (http://www.thebrownwatch.com/).
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