Why We Can’t See the Trees or the Forest

The “American idea” was illustrated further by the remarkable campaign, initiated by the Eisenhower administration virtually at once to restore Cuba to its proper place, after Fidel Castro entered Havana in January 1959, finally liberating the island from foreign domination, with enormous popular support, as Washington ruefully conceded. What followed was economic warfare with the clearly articulated aim of punishing the Cuban population so that they would overthrow the disobedient Castro government, invasion, the dedication of the Kennedy brothers to bringing “the terrors of the earth” to Cuba (the phrase of historian Arthur Schlesinger in his biography of Robert Kennedy, who considered that task one of his highest priorities), and other crimes continuing to the present, in defiance of virtually unanimous world opinion.

American imperialism is often traced to the takeover of Cuba, Puerto Rico, and Hawaii in 1898. But that is to succumb to what historian of imperialism Bernard Porter calls “the saltwater fallacy,” the idea that conquest only becomes imperialism when it crosses saltwater. Thus, if the Mississippi had resembled the Irish Sea, Western expansion would have been imperialism. From George Washington to Henry Cabot Lodge, those engaged in the enterprise had a clearer grasp of just what they were doing.

After the success of humanitarian intervention in Cuba in 1898, the next step in the mission assigned by Providence was to confer “the blessings of liberty and civilization upon all the rescued peoples” of the Philippines (in the words of the platform of Lodge’s Republican party) — at least those who survived the murderous onslaught and widespread use of torture and other atrocities that accompanied it. These fortunate souls were left to the mercies of the U.S.-established Philippine constabulary within a newly devised model of colonial domination, relying on security forces trained and equipped for sophisticated modes of surveillance, intimidation, and violence. Similar models would be adopted in many other areas where the U.S. imposed brutal National Guards and other client forces.

The Torture Paradigm

Over the past 60 years, victims worldwide have endured the CIA’s “torture paradigm,” developed at a cost that reached $1 billion annually, according to historian Alfred McCoy in his book A Question of Torture. He shows how torture methods the CIA developed from the 1950s surfaced with little change in the infamous photos at Iraq’s Abu Ghraib prison. There is no hyperbole in the title of Jennifer Harbury’s penetrating study of the U.S. torture record: Truth, Torture, and the American Way. So it is highly misleading, to say the least, when investigators of the Bush gang’s descent into the global sewers lament that “in waging the war against terrorism, America had lost its way.”

None of this is to say that Bush-Cheney-Rumsfeld et al. did not introduce important innovations. In ordinary American practice, torture was largely farmed out to subsidiaries, not carried out by Americans directly in their own government-established torture chambers. As Allan Nairn, who has carried out some of the most revealing and courageous investigations of torture, points out: “What the Obama [ban on torture] ostensibly knocks off is that small percentage of torture now done by Americans while retaining the overwhelming bulk of the system’s torture, which is done by foreigners under U.S. patronage. Obama could stop backing foreign forces that torture, but he has chosen not to do so.”

Obama did not shut down the practice of torture, Nairn observes, but “merely repositioned it,” restoring it to the American norm, a matter of indifference to the victims. “[H]is is a return to the status quo ante,” writes Nairn, “the torture regime of Ford through Clinton, which, year by year, often produced more U.S.-backed strapped-down agony than was produced during the Bush/Cheney years.”

Sometimes the American engagement in torture was even more indirect. In a 1980 study, Latin Americanist Lars Schoultz found that U.S. aid “has tended to flow disproportionately to Latin American governments which torture their citizens,… to the hemisphere’s relatively egregious violators of fundamental human rights.” Broader studies by Edward Herman found the same correlation, and also suggested an explanation. Not surprisingly, U.S. aid tends to correlate with a favorable climate for business operations, commonly improved by the murder of labor and peasant organizers and human rights activists and other such actions, yielding a secondary correlation between aid and egregious violation of human rights.

These studies took place before the Reagan years, when the topic was not worth studying because the correlations were so clear.

Small wonder that President Obama advises us to look forward, not backward — a convenient doctrine for those who hold the clubs. Those who are beaten by them tend to see the world differently, much to our annoyance.

Adopting Bush’s Positions

An argument can be made that implementation of the CIA’s “torture paradigm” never violated the 1984 Torture Convention, at least as Washington interpreted it. McCoy points out that the highly sophisticated CIA paradigm developed at enormous cost in the 1950s and 1960s, based on the “KGB’s most devastating torture technique,” kept primarily to mental torture, not crude physical torture, which was considered less effective in turning people into pliant vegetables.

McCoy writes that the Reagan administration then carefully revised the International Torture Convention “with four detailed diplomatic ‘reservations’ focused on just one word in the convention’s 26-printed pages,” the word “mental.” He continues: “These intricately-constructed diplomatic reservations re-defined torture, as interpreted by the United States, to exclude sensory deprivation and self-inflicted pain — the very techniques the CIA had refined at such great cost.”

When Clinton sent the UN Convention to Congress for ratification in 1994, he included the Reagan reservations. The president and Congress therefore exempted the core of the CIA torture paradigm from the U.S. interpretation of the Torture Convention; and those reservations, McCoy observes, were “reproduced verbatim in domestic legislation enacted to give legal force to the UN Convention.” That is the “political land mine” that “detonated with such phenomenal force” in the Abu Ghraib scandal and in the shameful Military Commissions Act that was passed with bipartisan support in 2006.

Bush, of course, went beyond his predecessors in authorizing prima facie violations of international law, and several of his extremist innovations were struck down by the Courts. While Obama, like Bush, eloquently affirms our unwavering commitment to international law, he seems intent on substantially reinstating the extremist Bush measures. In the important case of Boumediene v. Bush in June 2008, the Supreme Court rejected as unconstitutional the Bush administration claim that prisoners in Guantanamo are not entitled to the right of habeas corpus.

Salon.com columnist Glenn Greenwald reviews the aftermath. Seeking to “preserve the power to abduct people from around the world” and imprison them without due process, the Bush administration decided to ship them to the U.S. prison at Bagram Air Base in Afghanistan, treating “the Boumediene ruling, grounded in our most basic constitutional guarantees, as though it was some sort of a silly game — fly your abducted prisoners to Guantanamo and they have constitutional rights, but fly them instead to Bagram and you can disappear them forever with no judicial process.”

Obama adopted the Bush position, “filing a brief in federal court that, in two sentences, declared that it embraced the most extremist Bush theory on this issue,” arguing that prisoners flown to Bagram from anywhere in the world (in the case in question, Yemenis and Tunisians captured in Thailand and the United Arab Emirates) “can be imprisoned indefinitely with no rights of any kind — as long as they are kept in Bagram rather than Guantanamo.”

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