Africa, Britain, Government, Human Rights, Legal, Society, United Nations

Tackling rape in war through international law…

INTERNATIONAL PROTOCOL

For as long as wars have been fought, rape and sexual violence have conventionally featured in them. Men running amok with guns will always be hard to control; that the level of rape and sexual assaults in conflict zones haven’t fallen since 1945, when the Nuremberg trials decried it as a crime against humanity, points to the stubborn depravity of man. The difficulties of bringing perpetrators to justice have proven to be complex with the process often described as being an “uphill task”.

This week, a global summit has begun in London with the arch objective of changing perceptions. Participants to the symposium whose aim it will be to change the narrative are faced with a steep and problematic issue. Within the last two decades alone hundreds of thousands of women have been victims of serious sexual assault. The British Foreign Secretary, William Hague, a leading figure at the summit, acknowledges the difficulties the summit is addressing and has said that, if anything, sexual violence is getting much worse.

Mr Hague is not mistaken, though, when he says there are measures which can be taken to limit the scourge of sexual crimes. Whilst, of course, it will never be eradicated, recent studies portray a more nuanced picture of rape’s prevalence in times of war. Although the levels of rape are notoriously high in the war-torn Democratic Republic of Congo, a survey of all African conflicts between 1989 and 2009 concluded that only 26 per cent of armed groups were reported to have been engaged in sexual violence.

In addressing the hugely difficult issue of what can be done to make soldiers on the front lines think twice, an International Protocol is to be launched to standardise the kind of evidence needed for a case to be brought to court. This will lead to more convictions. And it will also hold commanders legally responsible for the behaviour of their troops. A change in the law to this effect will make it much harder to get away with rape.

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Arts, History, Human Rights, Philosophy, Society, United States

Quantum Leaps: Thomas Paine…

THOMAS PAINE 1737 – 1809

English born political philosopher, Paine not only invented the term ‘United States of America’, he inspired the revolutions both there and in France. He was forced to flee from England when he tried to do the same thing there. Awareness of his importance in the formulation of the American constitution and the American ‘way of life’ is pivotal to understanding the entity that is modern day America.

Having emigrated to the New World in the early 1770s, Paine became editor of the Pennsylvania Magazine and published one of the first essays calling for the abolition of slavery. With the beginning of the American Revolution, Paine made himself famous by publishing his book Common Sense. In it, he argues against the notion of a ruling class, insisting that government and society must be kept distinct. Independence for the American colonies, Paine argued, was both morally and practically justified. He continued to write and publish pamphlets throughout the War of Independence in support of the revolution.

Thomas Paine was a philosopher, political activist and revolutionary. As a political theorist he advocated that ‘the proceeds of land and property tax should be invested in a welfare system’.

Thomas Paine was a philosopher, political activist and revolutionary. As a political theorist he advocated that ‘the proceeds of land and property tax should be invested in a welfare system’.

After the success of the war for American independence, Paine went first to France and then to England. In response to Burke’s Reflections on the Revolution in France, Paine wrote and published The Rights of Man, his seminal treatise on democracy and republicanism. According to Paine, all men are born with equal rights. The necessity of social living however, can bring about situations where we impinge on the rights of others. Moreover, we may not always have the means to protect our rights from others who do not respect them. Consequently, it is necessary to develop the state and a constitution in which individual rights are encoded as civil rights, enforced by the state on behalf of the individual. The only morally acceptable constitution is that of the democratic republic in which citizens are granted the further right to vote in order to choose their own leaders. It is just this right, to choose one’s leaders, that the hereditary monarchies of France and England deny to their people and provides justification enough to abandon them as immoral constitutions.

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The British Government, in response, charged Paine with treason, causing him to flee back to France. With Paine gone, the government quashed the British revolution before it had a chance to gain momentum. In France, Paine was at first welcomed and given a seat in the National Convention. However he was later imprisoned and only just escaped execution.

Paine developed his ideas on civil rights and justice in his Agrarian Justice. He argues that a state is predicated on the basis that it makes its citizens better off than they otherwise would be without the constitution. But, he finds, many of the poorest people in the civilised societies of Europe are in a worse state than so-called ‘uncivilised’ Native American Indians. The inequity has much to do with land and property ownership, a privilege Paine suggests should be taxed since the generation of wealth that makes it possible requires the support of society. The proceeds of land and property tax should be invested in a welfare system, access to which is a right of every citizen.

In 1802 Paine returned to America, but it was not to be a happy homecoming. In the Age of Reason Paine had argued against both atheism and Christianity in favour of a deism which rejects any appeal to divine revelation. Rather, the belief in God is claimed to be intrinsically reasonable, a logical conclusion to the question of why anything exists at all. Paine rejects both organised religion and the Bible’s portrayal of a vindictive, vengeful God. Unfortunately for Paine, America was resolutely Christian and frowned upon his religious writings, despite his previous service to her. Though he remained in the United States for the rest of his life, he died in obscurity.

Paine’s work is characterised by a rare integrity that rails against political oppression, organised religion and poverty. Despite the massive influence of his early writings he remains a philosopher who, curiously, is now rarely mentioned.

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Afghanistan, Britain, Defence, Government, Human Rights, Military

Anger as RAF airmen gloat over dead bodies of Taliban fighters…

RAF POLICE & MILITARY INVESTIGATION

Two British servicemen from the RAF Regiment have been withdrawn from the frontline in Afghanistan and returned to Britain. Damning photographs apparently showing airmen posing in a glorified manner next to the bloodstained body of a Taliban fighter are now being investigated after images were brought to the attention of the Military Police.

In one graphic picture, a grinning serviceman gives a thumbs-up as he crouches beside a body. Trails of blood, seemingly from the man’s wounds, can be seen beside him.

Other photographs show more bodies of insurgents and there are concerns that the images could be used for recruitment and propaganda by the Taliban in the months leading up to the withdrawal of UK forces from Afghanistan later this year.

Described by some as being grotesque, others have been quick in condemning the apparent ‘stupidity’ of the airmen which they say has handed the Taliban a tool to beat the remaining British troops with prior to their departure from this war-torn country.

The photographs were taken after a Taliban attack on the main British base at Camp Bastion in September 2012, while Prince Harry was deployed to fly Apache attack helicopters.

A group of 15 Taliban fighters wearing stolen US military uniforms crept towards the camp, which was ringed by a 30ft metal fence and barbed-wiring. They cut through the wire and destroyed aircraft situated on the ground inside the camp, vehicles and equipment.

A three-hour gun battle then raged involving 50 British troops, some of whom have been decorated for bravery. Two US Marines were killed and 16 troops – eight US and eight British – were injured. Of the 15 insurgents, 14 were killed and one captured.

It is two of these Taliban bodies and the actions of two members of the RAF Regiment that are now at the centre of the hugely sensitive inquiry. The airmen are from 51 Squadron RAF Regiment, currently based in Moray, Scotland.

The Ministry of Defence said the images came to its attention last month and that military police are now investigating.

Two of the photographs appear to show British airmen giving the thumbs-up but it is unclear whether it is the same man. Defence officials said there was no excuse for such behaviour. Contrary to all instructions, these appear to break military rules.

The RAF insists it has a ‘zero-tolerance policy’ on the mistreatment of deceased enemy personnel. The incident is now the subject of an ongoing RAF Police investigation.

A spokesperson for Amnesty International, said: ‘These pictures are appalling. They violate international humanitarian law standards, including Common Article 3 of the Geneva Conventions, which prohibit the disrespectful and degrading treatment of the bodies of dead combatants.’

The photographs emerged following the conviction of Sergeant Alexander Blackman, a Royal Marine, for executing a seriously wounded Taliban prisoner. The 39-year-old shot the captive in the chest at close range with his 9mm pistol.

Controversially, Sergeant Blackman is serving a minimum of ten years in prison after becoming the first British serviceman to be found guilty of murder in a war zone since the Second World War.

Blackman killed the insurgent on September 15, 2011. Recordings from a helmet-mounted camera worn by a fellow Royal Marine captured the moments when Blackman shot the prisoner.

OPINION

The unedifying sight of a British airman doing the thumbs-up next to the dead corpse has understandably provoked widespread anger. For civilians the images offer an uncomfortable position between death and glee. Such actions fall short of the respect demanded in the articles of the Geneva Conventions for the bodies of enemy combatants.

Laid before you above are the events that transpired on the evening of September 14, 2012, in Camp Bastion, Afghanistan. 15 Taliban fighters dressed in US Army uniforms started their attack at 10pm, cutting through the perimeter wire of the base and opened fire with assault rifles and rocket propelled grenades (RPGs). The firefight that ensued lasted for several hours and, by the end of it, six RAF Harrier jets were burnt out and destroyed, two Marines were dead, and a dozen more British and American soldiers were injured. All but one of the Taliban fighters was dead.

The attack that night was, undoubtedly, one of the most shocking incidents of the Afghan war since deployment began in 2001. The attack revealed culpable security lapses in the running of the camp, and the RAF airmen instantly caught up in it must have been terrified yet exhilarated to be alive. It is apt to point out that many defending the base that evening were decorated for bravery.

Two of them, however, did something in bad taste, by posing victoriously next to an enemy corpse. Such folly has been compounded and made much worse as the images have appeared online, provoking outrage as the pictures could be used as a propaganda weapon against Western forces as they prepare to leave Afghanistan by the end of the year. A ‘selfie’ type culture which has now stemmed into the battlefield seems certain to be at the centre of the military police investigation, and how it ever came to pass publicly.

Opinions will vary as to the extent of the damage caused and what action should be taken. We should trust, though, that a sense of proportion is retained. Young men have found themselves in extreme danger given the perilous circumstances of the moment and were sent there at the behest of our government.

But the difficulty will be in a matter of interpretation. Whilst Camp Bastion is not Abu Ghraib, in which US guards pictured themselves degrading Iraqi prisoners, the British authorities seem likely to draw parallels. Having survived the attack the airmen clearly would have felt euphoric, but the reality of war – including the rogue emotions that accompany killing and survival – does not always chime with civilian sensitivities.

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