drone attack, another example of the US assaulting transnational legal process created by its own government since WWII


Herald Hongju Koh

transnational legal process after 9/11

(1)  unsigning the Rome Statute, seeking exemption of the US troops from ICC jurisdiction
(2)  the US’s attitude toward GCs and it’s decision to create Gitmo without complying the GCs as well as designating certain US citizens in US as enemy combatant
(3)  death penalty which has been growing irritant in relationship b/w the US and EU

All of which show assault by the US government on the system of transnational legal process the US has created since WWII to serve its own national interest.  

After WWII the US constructed world public order devoted to liberal internationalism. Its effectiveness was immuted by the intent of polarity of the Cold War. After Berlin Wall fell, from 1981 to 2001, there was an era of global optimism. The US tried to revive the idea of using global cooperation to solve global problem like war crime, global warming, trade, development, AIDS, transnational crime and drug. So the approach adopted by the US was more of diplomacy, more of human rights, and more of democracy, and more of legal process. Then, came in 9/11, a classic example of global problem to solved by global cooperation. The Bush administration responded not within the existing post WWII framework. But they tried to create new architectural counter-response – Bush doctrine.     

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International Herald Tribune  October 10, 2011 Monday BY SCOTT SHANE

A world soon armed with drones; U.S. created a new model for warfare that is certain to be pursued by others

The use of armed drones has been a largely U.S. phenomenon. The spread of such weapons to other countries and potentially to terrorist groups has severe implications. The problem is that the US is creating an international norm – asserting the right to strike preemptively against those the US suspect of planning attack.
DO – this would be another example of the US assaulting transnational legal process created by its own government since the WWII

FULL TEXT

At the Zhuhai air show in southeastern China last November, Chinese companies startled some Americans by unveiling 25 different models of remotely controlled aircraft and showing video animation of a missile-armed drone taking out an armored vehicle and attacking a U.S. aircraft carrier.

The presentation appeared to be more marketing hype than military threat; the event is China's biggest aviation market, drawing Chinese and foreign military buyers. But it was stark evidence that the United States' near monopoly on armed drones was coming to an end, with far-reaching consequences for international law and the future of warfare, to say nothing of American security.

Eventually, the United States will face a military adversary or terrorist group armed with drones, military analysts say. But what the experts foresee is not an attack on America, which faces no enemies with significant combat drone capabilities, but the political and legal challenges posed when another country follows the U.S. example. The George W. Bush administration, and even more aggressively the administration of President Barack Obama, embraced an extraordinary principle: that the United States can send this robotic weapon over borders to kill perceived enemies, even American citizens, who are viewed as a threat.

''Is this the world we want to live in?'' Micah Zenko, a fellow at the Council on Foreign Relations, has asked. ''Because we're creating it.''

What was a science-fiction scenario not much more than a decade ago has become the news of today. In Iraq and Afghanistan, military drones have become a routine part of the arsenal. In Pakistan, according to American officials, strikes from Predators and Reapers operated by the C.I.A. have killed more than 2,000 militants; the number of civilian casualties is hotly debated. In Yemen last month, an American citizen was, for the first time, the intended target of a drone strike: Anwar al-Awlaki, the Qaeda propagandist and plotter, was killed along with a second American, Samir Khan.

If China, for instance, sends killer drones into Kazakhstan to hunt minority Uighur Muslims it accuses of plotting terrorism, what will the United States say? What if India uses remotely controlled craft to hit terrorism suspects in Kashmir, or Russia sends drones after militants in the Caucasus? American officials who protest are likely to find their own example thrown back at them.

''The problem is that we're creating an international norm'' - asserting the right to strike preemptively against those we suspect of planning attacks, argued Dennis M. Gormley, a senior research fellow at the University of Pittsburgh and author of ''Missile Contagion,'' who has called for tougher export controls on U.S. drone technology. ''The copycatting is what I worry about most.''

The qualities that have made lethal drones so attractive to the Obama administration for counterterrorism appeal to many countries and, conceivably, to terrorist groups: a capacity for leisurely surveillance and precise strikes, modest cost, and most important, no danger to the operator, who may sit in safety, thousands of miles from the target.

To date, only the United States, Israel (against Hezbollah in Lebanon and Hamas in Gaza) and Britain (in Afghanistan) are known to have used drones for strikes. But American defense analysts count more than 50 countries that have built or bought unmanned aerial vehicles, or U.A.V.'s, and the number is rising every month. Most are designed for surveillance, but as the United States has found, adding missiles or bombs is hardly a technical challenge.

''The virtue of most U.A.V.'s is that they have long wings and you can strap anything to them,'' Mr. Gormley said.

So far, the United States has a huge lead in the number and sophistication of unmanned aerial vehicles - about 7,000, by one official's estimate. The U.S. Air Force prefers to call them not unmanned aerial vehicles but remotely piloted aircraft, or R.P.A.'s, in acknowledgment of the human role; the air force is now training more pilots to operate drones than fighters and bombers.

Philip Finnegan, director of corporate analysis for the Teal Group, a company that tracks defense and aerospace markets, says global spending on research and procurement of drones during the next decade is expected to total more than $94 billion, including $9 billion on remotely piloted combat aircraft.

Israel and China are aggressively developing and marketing drones, and Russia, Iran, India, Pakistan and several other countries are not far behind. The Defense Security Service, which protects the Pentagon and its contractors from espionage, warned in a report last year that American drone technology had become a prime target for foreign spies.

Last December, a surveillance drone crashed in a neighborhood in El Paso, Texas; it had been launched, it turned out, by the Mexican police across the border. Even Hezbollah, the Lebanese militant group, has deployed drones, an Iranian design capable of carrying munitions and diving into a target, said P.W. Singer of the Brookings Institution in Washington, whose 2009 book ''Wired for War'' is a primer on robotic combat.

Late last month, a 26-year-old man from a Boston suburb was arrested and charged with plotting to load a remotely controlled aircraft with plastic explosives and crash it into the Pentagon or U.S. Capitol. His supposed co-conspirators were actually undercover F.B.I. agents, and it was unclear that his plan could have done much damage.

But it was an unnerving harbinger, said John Villasenor, professor of electrical engineering at the University of California, Los Angeles. He noted that the U.S. Army had just announced a $5 million contract for a backpack-size drone called a Switchblade that could carry an explosive payload into a target; such a weapon will not long be beyond the capabilities of a terrorist network.

''If they are skimming over rooftops and trees, they will be almost impossible to shoot down,'' Mr. Villasenor maintained.

It is easy to imagine terrorist drones rigged not just to carry bombs but to spew anthrax or scatter radioactive waste. Speculation that Al Qaeda might use exotic weapons has so far turned out to be just that. But the technological curve for drones means the threat can no longer be discounted.

''I think of where the airplane was at the start of World War I,'' Mr. Singer said. ''At first it was unarmed and limited to a handful of countries. Then it was armed and everywhere. That is the path we're on.''

Germany reopens investigations into Nazi death camp guards – JCE II


Germany reopens investigations into Nazi death camp guards – JCE II
Poland reopens investigations into Nazi-era crimes

Germany reopens investigations into Nazi death camp guards
guardian.co.uk, Wednesday 5 October 2011

Prosecutors in Germany have reopened hundreds of investigations of former Nazi death camp guards and others who might now be charged under a precedent set by the conviction of John Demjanjuk, a guard at Sobibor camp in Poland in 1943.

the head of the German prosecutors' office dedicated to investigating Nazi war crimes , Kurt Schrimm

The Simon Wiesenthal Centre's chief Nazi-hunter, Efraim Zuroff, said he would launch a campaign in the next two months – a successor to his Operation Last Chance – to track down the remaining war criminals.

He added that the Demjanjuk conviction had opened the door to prosecutions that were never thought possible.

Demjanjuk, now 91, was deported from the US to Germany in 2009 to stand trial. He was convicted in May of 28,060 counts of accessory to murder for serving as a guard at the Sobibor death camp.
It was the first time prosecutors were able to convict someone in a Nazi-era case without direct evidence that the suspect participated in a specific killing.
He has appealed against his conviction.

In bringing Demjanjuk to trial, Munich prosecutors argued that if they could prove he was a guard at a camp like Sobibor, which had been established for the sole purpose of extermination, it would be enough to convict him of being an accessory to murder.

After 18 months of testimony a Munich court agreed and found Demjanjuk guilty, sentencing him to five years in prison. Demjanjuk, a retired car worker who denies having served as a guard, is currently free and living in southern Germany as he waits for his appeal to be heard.

Schrimm said his office was poring over its files to see if others fit into the same category as Demjanjuk.  He could not give an exact figure, but said there were probably "less than 1,000" possible suspects living in Germany and elsewhere who could face prosecution.

It has not yet been tested in court whether the Demjanjuk precedent could be extended to guards of Nazi camps where thousands died but whose sole purpose was not necessarily murder.

Murder and related offences are the only charges that are not subject to a statute of limitations in Germany.  Even the narrowest scenario – investigating the guards of the four death camps: Belzec, Chelmno, Sobibor and Treblinka – plus those involved in the Einsatzgruppen could lead to scores of prosecutions, Zuroff said.

Immediately after the war senior Nazis such as Hermann Göring were convicted at war-crimes trials run by the allied powers, while investigations of lower-ranking officials fell to German courts.  But there was little political will to aggressively pursue the prosecutions, and many of the trials ended with short sentences or the acquittal of suspects in greater positions of responsibility than Demjanjuk allegedly had.

However, Schrimm said it makes sense to try to bring new cases to trial once the Demjanjuk case is through the appeals process, rather than expend the resources needed to charge a suspect only to have the case thrown out if Demjanjuk wins.

Zuroff said he hoped the appeal would be fast-tracked so new charges could be filed. "This is a test for the German judicial system to see if they can expedite this in an appropriate manner to enable these cases to go forward," he added.

Germany reopens hundreds of Nazi investigations
October 5th, 2011

"This signals that there is a new generation of prosecutors who want to take a fresh and serious look, and it means that the larger German bureaucratic machine is paying attention to the importance of finding these criminals."

Germany Reopens Nazi War Criminal Investigations
October 9, 2011

the defense attorney for Demjanjuk, he has often made the argument that his client is effectively a stand-in and a kind of scapegoat. That he essentially stood by and did nothing and participated, but that a great many Germans at that time did the same thing. And I guess I'm wondering what you feel about that assessment



Poland reopens investigations into Nazi-era crimes
Thu Oct 27, 2011

WARSAW (Reuters) - Poland has reopened investigations into crimes committed at the Nazi death camp of Auschwitz during World War Two, in an effort to track down any surviving camp employees before they die.

Up to 1.5 million people, mostly Jews, perished at Nazi German hands at Auschwitz, near the city of Krakow in southern Poland, during the war that ended in 1945.

In the postwar communist era, Warsaw launched probes into crimes committed at Auschwitz, but closed them in the 1980s because questioning witnesses and perpetrators based abroad was too hard at a time when Poland was part of the Soviet bloc.

"We do not exclude the possibility of finding alive former employees of the Auschwitz-Birkenau concentration camp," Piotr Piatek of Poland's Institute of National Remembrance (IPN) told the PAP state news agency Thursday.

Jewish groups welcomed Thursday's announcement by the IPN.

Poland reopens investigation into Auschwitz crimes
By VANESSA GERA, Associated Press   Oct.27, 2011

Nazi Germany opened Auschwitz in 1940, months after it invaded and occupied Poland. Over the next five years of war, German and Austrian Nazis murdered up to 1.5 million people there at the expanded Auschwitz-Birkenau camp complex, most of them Jews from across Europe, but also Poles, Roma, gays and others

A leading international Nazi hunter, Efraim Zuroff, praised Poland's reopening of the investigation

Poland reopens investigations into Auschwitz crimes
By Matthew Day, Warsaw , 27 Oct 2011

Many of the old cases were started in the 1970s and 1980s but failed to progress owing to difficulties caused by the Iron Curtain,

Most of the staff who served at the camp were captured and punished but a 1956 amnesty stopped trials and led to the release of some of those imprisoned for crimes committed at Auschwitz