Amnesty blames Ukraine for Alleged Russian bombardment
To Agnès.Callamard
Amnesty International Secretary-General
August 10, 2022
Dear Ms. Callamard and whom it may concern:
I am writing to express my concern about a purported Amnesty Press release I learned about from the New York Times. Here are the links:
An Amnesty International assessment that Ukraine ‘put civilians in harm’s way’ stirs outrage.
https://www.nytimes.com/2022/08/07/world/europe/amnesty-international-ukraine-russia-war-crimes.html
Ukraine: Ukrainian fighting tactics endanger civilians
https://www.amnesty.org/en/latest/news/2022/08/ukraine-ukrainian-fighting-tactics-endanger-civilians/
My concern about this communication is profound.
Even granted this is one message in a larger corpus of Amnesty communications all of which I’ve not read, obvs, nevertheless there are a number of very problematic issues which stand out on first inspection.
First is the issue of tone.
This press release reads like Russian propaganda.
““We have documented a pattern of Ukrainian forces putting civilians at risk and violating the laws of war when they operate in populated areas,” said Agnès Callamard, Amnesty International’s Secretary General.”
It uses a straw man argument, ““Being in a defensive position does not exempt the Ukrainian military from respecting international humanitarian law.””
Well ofc that’s true, but you don’t actually cite any instance of anyone saying or asserting that. Thus it is a straw man argument.
What the straw man argument elides is that there is a clear distinction in customary law between aggressive war and self-defense.
The judgment of the International Military Tribunal at Nuremberg states, “War is essentially an evil thing. Its consequences are not confined to the belligerent states alone, but affect the whole world. To initiate a war of aggression, therefore, is not only an international crime; it is the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole.”
Wars of aggression are recognized as crimes under customary law in the UN Charter Articles 1, 2, 33, and 39; in the Rio Pact; in UN General Assembly Res 3314, in the Rome Statute of the ICC; and elsewhere.
Your framing omits this important fact. You aren’t even even-handed. Your condemnation is weighted in scope and particulars against Ukraine, and thus one might reasonably infer, relatively favorable toward Russia’s perspective.
I find it problematic in the extreme that your April to July investigation of alleged Russian strikes by Russia against Ukrainian protected sites and persons results in this strange press release –condemning Ukraine! Seriously what???
Russia and Ukraine have obligations under customary law of proportionality; respecting cultural sites and hospitals; avoiding aerial bombardment of civilian areas; respecting the rights of prisoners of war and interned civilians; refraining from theft, rape, torture, not punishing people merely for fighting to defend their homeland, and eschewing extrajudicial punishments and executions.
Article 51(3) of the 1977 Additional Protocol I of the 1949 Geneva Convention provides that civilians shall enjoy protection against the dangers arising from military operations “unless and for such time as they take a direct part in hostilities”.
If Russian troops are on the doorstep of Irpan or Bucha or Hostomel what is Ukraine to do, according to Amnesty?
Not defend the town or the people in it and leave them to the tender mercies of the Russians? is that your Amnesty’s idea of “protecting the rights of Ukrainian civilians?” Really? Think this through a bit.
You repeatedly state in this release that “international law” says this, that, and the other thing as though this is a settled and codified body of law. We both know that’s not true. What you do not do is to cite any particular, specific, actual customary law, precedent, resolution, or rule of war at issue.
You use testimonials in lieu of sufficient documented statistics, maps, and dates and locations and particulars. This is an informal logical fallacy, incomplete induction or “arguing from the specific to the general.”
You use weasel words like, “This did not appear to have happened in the cases examined by Amnesty International.” Sorry, but this is a very weak inference on which to end a section. As Carl Sagan famously said, “absence of evidence is not evidence of absence.”
Your one-sided and manipulative condemnation of Ukraine defending itself gives aid and comfort to Russia and deprecates Ukrainian forces and civilians for defending themselves, their homes, and the civilian population, from Russia’s war of aggression.
When Ukrainians civilians and military defend their homes, and Russians attack them with largely disproportionate, indiscriminate, unguided aerial bombardment, rockets and artillery, is it the Ukrainians who are at fault for defending their homes and families?
Are you sure?
How can you? Just, how can you make such one-sided, misleading, incomplete, erroneous, gaslighting, and classic victim-blaming statements?
Why don’t you send your “extended press release” to your colleague, Maksym Butkevych. Perhaps he’ll enjoy reading your victim-blaming, pro-Russian statement in the Russian concentration camp where you have abandoned him. Please, give him something nice to read between interrogation and re-education sessions. Not this.
The final and greatest concern I have, Ms. Callamard, is for you. Your quoted and published statements are notably lacking in humanity, empathy and caring.
Is this a game to you? All about Amnesty putting out trolling offensive statements to stoke controversy and build buzz for your brand?
When you make statements like these apparently justifying and providing cover for the illegal Russian aggressive war and alleged Russian war crimes, by blaming alleged Russian bombardment of protected buildings, sites, and persons on those targeted, those words should burn your heart and taste like iron on your tongue.
What have you become?
very sincerely and with good will,
Henry Edward Hardy
former Senior Systems Administrator
Tufts University*
*institutional affiliation for identification purposes only
Henry Edward Hardy
Vote for Hillary Clinton to continue these Bush-Obama policies
Vote for Hillary Clinton to continue these Bush-Obama policies:
Eternal, undeclared, illegal, aggressive war. In Libya, Syria, Iraq, Mali, Afghanistan, Pakistan, Sudan, Chad, Somalia, Nigeria, Philippines, Honduras, and Yemen. Universal surveillance. General Warrants. Secret courts. National Security Letters. Endless imprisonment without trial or charge. Effective abolition of the writ of habeas corpus, notwithstanding that it is in the US Constitution Article I, Section 9. Black sites. Rendition. Special Ops death squads. Assassination of US citizens without trial or charge. Including juveniles. Robot bombs sent to assassinate more than 2,000 civilians so far in neutral countries with which we are not at war. Mercantilist trade policies such as TTIP, TPP, NAFTA. Okay, Hillary was for TPP and helped write it, until she was suddenly against it a few months ago. Fracking. Bailing out Wall Sreet, AIG to the tune of $318 thousand million dollars, then also bailing out big banks like Citi, who were already re-insured by AIG. But Obama could not find $20 billion to bail out Detroit’s pension funds, nor $60 million for public works to replace all the lead pipes in Flint.
Copyright © 2016 Henry Edward Hardy
The United States is in a tizzy about chemical weapons in Syria.
The United States is in a tizzy about chemical weapons in Syria.
Is this the United States which didn’t adhere to the 1925 Geneva gas protocol for 50 years?
Is this the United States which lobbied successfully for tear gas and other chemical agents to be exempted from the 1993 Chemical Weapons Convention if used against their own citizens?
Is this the United States which made such extensive use of “nonlethal” chemical munitions in violently suppressing the peaceful Occupy protests of two years ago?
Is this the United States which continues to use mines and cluster bombs in contravention of customary law?
Is this the United States which is preparing to go to war (without a declaration of war) in violation of international law, which prohibits aggressive warfare, which means attacking first. And all in the name of enforcing international law with regard to chemical warfare?
Copyright © 2013 Henry Edward Hardy
Letter to CJ Chivers of the New York Times about the improbable narrative on Syrian gas attacks
Mr Chivers,
There are several things about the alleged Syrian gas attack at Ghouta story which don’t seem to pass the smell test.
I’m dubious about the claims that Syrian regular forces were responsible given the use of IRAM (Improvised Rocket Assisted Munition) as a delivery mechanism. Isn’t this more likely to be some militia such as Hezbollah or Al Nusra or one of the US contra fronts?
Given the internecine fighting between anti government forces and the extreme brutality used in these fights, I don’t think it is a given that an attack on rebel territory is ipso facto certain to be of government regular troops origin.
A number of qualified commentators have commented on how the medical and other personnel have been able to handle the bodies without protective gear and without any apparent ill effects. Very odd if we are looking at sarin don’t you think?[1]
Cui bono? There is every motive for the FSA forces who are losing the war to try to change the equation. Likewise there is no motive for the government, which is winning the war, to do so.
Finally, the explanation for why the inspectors were unable to reach a site a few miles from the city center from Damascus just doesn’t hold water. We are told they came under fire from snipers, but no-one was injured.
We both know that is at best utterly improbable. Snipers just don’t work that way.
Snipers disabled the lead vehicle and took out the front windshield and then… did nothing? Really?[2]
Given the “dodgy dossier” and Dr. Kelley’s subsequent “suicide” with almost no blood found at the scene and no fingerprints recoverable from the knife or other objects allegedly found at the scene[3], and the blatant lies pedaled by Colin Powell and credulously amplified by the media including the Times in the leadup to the Iraq war, and given the lack of any direct confirmation at all of the origin of this attack, I smell a rat.
If you do too, please have the courage to go public with your concerns and skepticism.
Also being elided in the Times coverage seemingly is that waging aggressive war is a war crime as defined by the Nuremberg Principles. There is no possible justification for an unprovoked US attack on Syria under customary law absent an attack on the US or a UN Security Council resolution.
And under the US Constitution such actions require a declaration of war from Congress, the in my view, unconstitutional War Powers Act notwithstanding.
Is the New York Times going to repeat all its mistakes from the Judy Miller years? Have you learned nothing at all? You are all falling for the exact same tricks of disinformation again, if not actually knowingly and intentionally going along for the ride.
best regards,
–Henry
[1] AFP reports:
“At the moment, I am not totally convinced because the
people that are helping them are without any protective clothing and
without any respirators,” said Paula Vanninen, director of Verifin, the
Finnish Institute for Verification of the Chemical Weapons Convention.
“In a real case, they would also be contaminated and would also be having symptoms.”
John Hart, head of the Chemical and Biological Security Project at
Stockholm International Peace Research Institute said he had not seen
the telltale evidence in the eyes of the victims that would be
compelling evidence of chemical weapons use.
“Of the videos that I’ve seen for the last few hours, none of them
show pinpoint pupils… this would indicate exposure to organophosphorus
nerve agents,” he said.
Gwyn Winfield, editor of CBRNe World magazine, which specialises in
chemical weapons issues, said the evidence did not suggest that the
chemicals used were of the weapons-grade that the Syrian army possesses
in its stockpiles.
“We’re not seeing reports that doctors and nurses… are becoming
fatalities, so that would suggest that the toxicity of it isn’t what we
would consider military sarin. It may well be that it is a lower-grade,”
Winfield told AFP.
Syria opposition says 1,300 dead in chemical attacks by army
Haaretz reports:
Western experts on chemical warfare who have examined at
least part of the footage are skeptical that weapons-grade chemical
substances were used, although they all emphasize that serious
conclusions cannot be reached without thorough on-site examination.
Dan Kaszeta, a former officer of the U.S. Army’s Chemical Corps and a
leading private consultant, pointed out a number of details absent from
the footage so far: “None of the people treating the casualties or
photographing them are wearing any sort of chemical-warfare protective
gear,” he says, “and despite that, none of them seem to be harmed.” This
would seem to rule out most types of military-grade chemical weapons,
including the vast majority of nerve gases, since these substances would
not evaporate immediately, especially if they were used in sufficient
quantities to kill hundreds of people, but rather leave a level of
contamination on clothes and bodies which would harm anyone coming in
unprotected contact with them in the hours after an attack. In addition,
he says that “there are none of the other signs you would expect to see
in the aftermath of a chemical attack, such as intermediate levels of
casualties, severe visual problems, vomiting and loss of bowel control.”
Steve Johnson, a leading researcher on the effects of hazardous
material exposure at England’s Cranfield University who has worked with
Britain’s Ministry of Defense on chemical warfare issues, agrees that
“from the details we have seen so far, a large number of casualties over
a wide area would mean quite a pervasive dispersal. With that level of
chemical agent, you would expect to see a lot of contamination on the
casualties coming in, and it would affect those treating them who are
not properly protected. We are not seeing that here.”
Additional questions also remain unanswered, especially regarding the
timing of the attack, being that it occurred on the exact same day that
a team of UN inspectors was in Damascus to investigate earlier claims
of chemical weapons use. It is also unclear what tactical goal the
Syrian army would have been trying to achieve, when over the last few
weeks it has managed to push back the rebels who were encroaching on
central areas of the capital. But if this was not a chemical weapons
attack, what then caused the deaths of so many people without any
external signs of trauma?
Following alleged sarin attack || Defense Minister: Assad used chemical weapons multiple times in Syria But Western experts are skeptical that nerve gas was used Wednesday, and describe other viable scenarios.
[2]
Despite Sniper Fire, U.N. Team Reaches Syria Inspection Site
Source: NYT
LONDON — Snipers opened fire Monday on a convoy of United Nations inspectors heading toward the site of a suspected chemical weapons attack in Syria, disabling the lead vehicle with multiple shots to the tires and windshield, the United Nations said, but the inspectors still managed to visit two hospitals, interview witnesses and doctors and collect patient samples for the first time since the attack last week that claimed hundreds of lives.
Secretary General Ban Ki-moon said in a statement that he had instructed his top disarmament official, Angela Kane, who was visiting Damascus, to register a “strong complaint to the Syrian government and authorities of opposition forces” to ensure the safety of the inspectors after the assault. There was no indication that any member of the inspection team had been hurt.
Mr. Ban’s spokesman, Farhan Haq, told reporters at a regular daily briefing at United Nations headquarters in New York that the assailants, who had not been identified, fired on the first vehicle in the convoy, which was “hit in its tires and its front window, ultimately it was not able to travel further.”
Mr. Haq said the inspectors, who numbered about a dozen, resumed their trip to a suspected attack site in a Damascus suburb after the vehicle was replaced, visiting two hospitals and interviewing witnesses, survivors and doctors. “They took a number of relevant samples, they feel very satisfied with the results of their work,” Mr. Haq said. A second visit was planned for Tuesday.
Despite Sniper Fire, U.N. Team Reaches Syria Inspection Site
Secretary General Ban Ki-moon said in a statement after the assault that he had told his top disarmament official, Angela Kane, who was visiting Damascus, to register a “strong complaint to the Syrian government and authorities of opposition forces” to ensure the inspectors’ safety. There was no indication that any inspection team member had been hurt.
Mr. Ban’s spokesman, Farhan Haq, told reporters at a regular daily briefing at United Nations headquarters in New York that the assailants, who had not been identified, fired on the first vehicle in the convoy, which was “hit in its tires and its front window.”
“Ultimately,” he said, “it was not able to travel farther.”
Kerry Cites Clear Evidence of Chemical Weapon Use in Syria
[3] New suspicion over Kelly death – MP
Copyright © 2013 Henry Edward Hardy
Secret drone court? No, thanks!
The idea of establishing a secret “drone court” modeled on the FISA court is an exceptionally bad one. Here in brief are some of my objections:
The court and its proceedings would be secret. It would be even worse than the infamous English Star Chamber. Even in the Star Chamber you had to be accused of doing *something*. As I understand it, the standard being articulated by the US administration now is “imminent danger”. Hello, “Minority Report” scenario anyone?
These death warrants would constitute a “Bill of Attainder” which is very expressly and categorically prohibited in the US Constitution Article I Section 9.
It is a fundamental and blatant violation of customary international law, in particular the 1923 Hague Convention. No you cannot bomb civilians. No you cannot bomb mosques and hospitals. No you cannot bomb people away from the battlefield.
Granted these prohibitions were blatantly ignored in the latter phases of WWII by all major participants. Nonetheless the principals in the German V-1 and V-2 rocket program were tried for war crimes in the Dora trial of 1947. But they were acquitted of all charges and found refuge in the US, where their work became the basis of the US space and missile programs. The drone is the modern inheritor of the Nazi V-1 buzz bomb both in scientific development and in the shocking lack of ethics.
It is murder. It is lying. It is covert and unaccountable. It is a grim violation of international law and simple human decency. It is clearly unconstitutional.
Come on Congress and President Obama. Think about this. How hard can it be to see what is right?
International Law on the Bombing of Civilians
Copyright © 2013 Henry Edward Hardy