Certain Doubt

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Posts Tagged ‘war’

Indefinite Detention

Wednesday, December 29th, 2010

Along with many others in my circle of friends I have been scratching my head over the recent decision by the Obama administration to continue the Bush administration policy on indefinite detentions.

While I can understand the stance that such detentions are a “useful tool” in dealing with terrorists which the government feels would be difficult to try in a court of law, I believe that Habeus Corpus and the right to a fair trial are too important to be thrown away for the sake of convenience. Furthermore, president Obama’s campaign assertion that if elected he would close Guantanamo and work to restore the rule of law with respect to things like torture flies in the face of his decision to maintain presidential authority to unilaterally side step the court system in favor of military tribunals, an arbitrary and capricious system which leaves virtually all who get swept up in it in legal limbo, incarcerated without trial, without charges and even without access to legal representation.

Recently I had a conversation with a friend about indefinite detentions. He expressed the opinion that indefinite detention was “a useful tool,” and that “Indefinite detention doesn’t negate habeas corpus as long as there is a sufficient hearing.”

I am not a lawyer. However, even as a lay person, I fail to see how indefinite detention doesn’t put a serious crimp in the notion of habeus corpus and the right to a fair trial.

From Wikipedia:

A writ of habeas corpus is a summons with the force of a court order, addressed to the custodian (a prison official for example) demanding that a prisoner be taken before the court, and that the custodian present proof of authority, allowing the court to determine if the custodian has lawful authority to detain the person. If the custodian does not have authority to detain the prisoner, then he must be released from custody. The prisoner, or another person acting on his or her behalf, may petition the court, or a judge, for a writ of habeas corpus.

If the executive claims for himself and himself alone the ability to detain an individual indefinitely, without any oversight, where does a prisoner’s right to habeus corpus come in? Without a legal system in place which allows for an appeal of one’s detention, is not the process of arrest and detention – or if we are to be truly honest, imprisonment – arbitrary , subject not to the will of a recognized legal authority but instead to the whims and convenience of a single individual?

Recognize here we are not dealing with the minutae of the president’s constitutional power. Any leader may well claim he has the the ability to detain individuals based on some nebulous war powers granted by a compliant legislature. What I am arguing is that by expanding his power to arrest and detain individuals without right of appeal, Obama is negating the legal system upon which the legitimacy of his office rests. He is like the fish who, by dreaming of flight, negates the existence of the very water which he needs to survive. (sorry, I’ve been reading too much Zizek.)

When one gets to the matter of a right to a fair trial things get even stickier.

Habeas corpus … is technically only a procedural remedy; it is a guarantee against any detention that is forbidden by law, but it does not necessarily protect other rights, such as the entitlement to a fair trial. So if an imposition such as internment without trial is permitted by the law then habeas corpus may not be a useful remedy.

The truly heinous thing about the President’s decision to continue Guantanamo and reinstate military tribunals is not the denial of Habeus Corpus but the denial of the right to a fair trial. If one allows for indefinite imprisonment – with no right to a fair trial – doesn’t this negate our entire legal system?

“Okay sure,” you say, “but the detainees in Guantanamo are foreigners and terrorists to boot.” The president is well within his rights to classify terrorists differently than ordinary citizens.” The problem with this stance is that our legal system is based upon the notion that anyone accused of a crime is innocent until proven guilty. The moment you throw this away, the moment you make a differentiation between American citizen’s legal rights and the rights of those suspected of terrorism you are creating two separate sets of laws.

The way I see it, in order to have a fair and just system of laws you can’t have one set of rules that apply to one group of people and another set that applies to another. To do so would be to declare a kind of legal apartheid. For example, are the “detainees” in Guantanamo any less deserving of legal respect and rights because George W. Bush or Barrack Obama decide that they are “terrorists” or “unlawful combatants?”

I don’t consider president Obama’s actions as a slippery slope. I see them as a double standard. I see them as blatant hypocrisy; a fundamental re-writing of hundreds of years of established legal precedent. As he has studied constitutional law, Obama has to recognize the dangers of the precedents he is setting. He may feel capable of applying an expanded presidential power over imprisonment. But what of the next president? Or the president after that? Once you open the door to allowing presidents the authority to decide who is to be locked up without trial you close the door on equality and justice.

Personally I don’t see indefinite detention as morally, ethically, or legally right, regardless of how and why it is being used. If I am thrown in jail indefinitely, solely on the say-so of a president, premier, dictator or any other autocrat, without right to a fair trial, to face my accusers or even know what it is that I am accused of, I fail to see how that decision making process can in any way be considered fair and impartial.

If you were thrown in jail in this manner would you think you had received a fair shake?

I doubt it.

As a final footnote the Wikipedia article contains this interesting tidbit:

The writ of habeas corpus is one of what are called the “extraordinary”, “common law”, or “prerogative writs”, which were historically issued by the English courts in the name of the monarch to control inferior courts and public authorities within the kingdom.

The irony of a writ originally issued in the name of a ruler to protect his subjects from the excesses of the courts now applied to protect the subjects from the excesses of the ruler himself seems somewhat poignant.

Enough blather,

All the best for the New Year.

Tags: detainees, detention, government, indefinite, law, legal, Obama, prison, suspect, Terrorism, Thomas Vincent, unconstitutional, unfair, Vincent, war
Posted in Daily Doubt, Daily Rant, Ethics, Politics, government, law, warfare | No Comments »

Stupider

Monday, November 29th, 2010

Stupid:

- Slow to learn or understand; obtuse

- Tending to make poor decisions or careless mistakes

- Marked by a lack of intelligence or care; foolish or careless.

- Dazed, stunned or stupefied.

Will machines surpass people? Like a pesky weed, the question keeps popping up again and again. Some are sanguine about the possibilities:

“It seems plausible that with technology we can, in the fairly near future,” says sci-fi legend Vernor Vinge, “create (or become) creatures who surpass humans in every intellectual and creative dimension.”

Others are less so:

The science fiction author Ken MacLeod described the idea of the singularity (the point where machines surpass us) as “the Rapture of the nerds.” Kevin Kelly, an editor at Wired magazine, notes, “People who predict a very utopian future always predict that it is going to happen before they die.”

I believe if – or even when – machines do overtake man, it will not be because of advances in artificial intelligence but instead because of retreats on the human front. To put it bluntly, humans are not losing the race against machines because machines are speeding up; they are losing because man is slowing down.

By any measure, mankind – at least the American version – ain’t getting any smarter. For example, You can’t pick up a paper today without reading about declining test scores and failing schools. One only need take a ride on any inner city bus to wonder if our intellectual gene pool isn’t leaking. And no wonder. Survivor, Dancing with the Stars, Monday Night Football, Fox News, and Sarah Palin. At the rate we’re going, give us another decade and the average IQ of all Americans will be about as robust as soggy toast.

In many ways, I feel the tipping point at which machines pass us by has already been reached. The best evidence I can give of this is our use of machines in war. In a recent front page article in the New York Times entitled “War Machines: Recruiting Robots for Combat,” John Markoff presents a great example of how we have already lost the battle:

In a mock city here used by Army Rangers for urban combat training, a 15-inch robot with a video camera scuttles around a bomb factory on a spying mission. Overhead an almost silent drone aircraft with a four-foot wingspan transmits images of the buildings below. Onto the scene rolls a sinister-looking vehicle on tank treads, about the size of a riding lawn mower, equipped with a machine gun and a grenade launcher.

Three backpack-clad technicians, standing out of the line of fire, operate the three robots with wireless video-game-style controllers. One swivels the video camera on the armed robot until it spots a sniper on a rooftop. The machine gun pirouettes, points and fires in two rapid bursts. Had the bullets been real, the target would have been destroyed.

In his piece, Markoff dutifully trots our arguments for and against the use of robotics in warfare. The arguments against, largely fall under the heading of morality, ethics, legality and foreign policy.

“Wars will be started very easily and with minimal costs” as automation increases, predicted Wendell Wallach, a scholar at the Yale Interdisciplinary Center for Bioethics and chairman of its technology and ethics study group…The short-term benefits being derived from roboticizing aspects of warfare are likely to be far outweighed by the long-term consequences,” said Mr. Wallach, the Yale scholar, suggesting that wars would occur more readily and that a technological arms race would develop

On the side of man machine interaction in war, Markoff quotes an array of “military strategists, officers, and weapons designers” whose defense of robots in war focus on the “practical” benefits that the machines offer – they are never distracted, they never panic, they never tire, they are more precise in targeting – in other words, they are more effective at killing than humans. As an added bonus, manufacturers never miss an opportunity to note how robots take soldiers out of the line of fire. Lastly, the claim is made that civilian casualties can be reduced because of the aforementioned precision and the fact that because they are machines “they can fire second.”

(The claim about reduced civilian casualties seems somewhat dubious in light of the high rate of “collateral damage” in recent Predator drone strikes in Pakistan.)

The point here, however, is that Markoff and those he quotes who have been examining the issue of robots in war, virtually all raise straw men arguments. Drones and robots may keep soldiers out of harms way and even cut down on civilian casualties. So what? So does not fighting wars in the first place. Robotic sentries like MAARS may be able to “follow the military rules of engagement,” by “using voice warnings and tear gas before firing guns.” Super. Wouldn’t it be better to simply close our bases and bring our occupying forces home? If we did that, we wouldn’t need the robots at all. I fail to see how even the best robotic sentry in the world can win us friends and influence in foreign lands when what the people there really need are good roads, bridges, hospitals, and most importantly, jobs!

Sadly, even some of the arguments against using robots in war border on the absurd. For example, how can one be guilty of “war crimes” for employing a weapons system when there are no existing laws, international or otherwise, governing the use of that weapon? As for the argument that robotic soldiers will make war more likely, Humans have been killing each other for millennia before robots came along. Not being able to keep soldiers “out of harm’s way,” never stopped presidents from finding ways of entering foreign wars before now. Even if the U.N. decided to outlaw drones and bots tomorrow, I fear man would still be just as likely to engage in war.

The most ridiculous discussion about robots in war, however, has to be the imbroglio over whether to allow robots to make autonomous life and death battlefield decisions or whether to require that humans remain the ones pulling the trigger. Supporters of robotic warfare may try to reassure us that the United States will always hold to the convention that humans must remain in control. All it will take for that convention to be swept away, however, is for someone we are fighting against to decide to allow autonomous robots to do their fighting for them. The superior tactical advantage enjoyed by those employing automated killing machines means that all armies would have to follow suit or risk losing the next war.Given their obvious disregard for life and liberty, it seems clear that should they get their hands on robotic military technology, al Qaeda would not hesitate to send autonomous robots against us.

With regard to the debate over human soldiers versus machines, I feel it is too late already. The genie is already out of the bottle. The more prevalent robotics becomes, the sooner the day will come when we face killing robots deployed by an enemy without even the few meager scruples we still employ.

The final absurdity – the ultimate in surrealism – is a battlefield where the parties on both sides of a conflict employ fully autonomous killing machines. After all, since robots are so much better and more efficient at killing than humans, why involve humans at all? Of course, if no humans are involved in the conflict, why fight at all? Therein lies the real question in the debate. It is not important whether humans control the machines or whether the machines should be let loose like savage hunting dogs. The only truly important thing is, the decision to go to war in the first place. I’m sad to say I see little hope on that score. From Viet-Nam to Iraq and Afghanistan and on to Yemen, Iran and North Korea, the people who make the decisions to deploy our armies seem to have learned nothing. If anything, our leaders seem less moral, less sensible, less wise and certainly less intelligent in their decision making to go to war than they have ever been. And it is this decision making that is the critical part of any evaluation of intelligence.

In the end I am not worried about robots getting smarter. I’m more concerned that we humans are getting stupider.

Tags: artificial intelligence, dumb, intelligence, machines, robots, singularity, smart, stupid, war
Posted in Daily Doubt, Ethics, Politics, law, technology, warfare | No Comments »

Drone Diplomacy

Tuesday, November 2nd, 2010


The recent article in the Wall Street Journal stating that the White House and the Pentagon are actively considering the deployment of unmanned drones as part of “hunter killer” teams in Yemen is an interesting development in the Obama administration’s foreign policy.

It is not a development for the better.

Under this proposal the military would cede authority over elite special forces units to the C.I.A. to allow them to operate in foreign countries extra judicially… that is with out oversight, accountability and most importantly, without asking permission of the governments in which they conduct their operations.

Recognizing the increasingly questionable nature of the reporting in the Wall Street Journal – neither the White House nor the Yemeni Government deigned to comment on their claims – the mere notion that the White House might even be considering this move should be enough to send chills up the spines of tribal muslims around the globe. The deployment of special forces teams or even just a squad of armed drones under the auspices of the C.I.A. would cement the precedent set in Pakistan to allow the President to issue targeted assassination orders of foreign nationals in secret with no accountability whatsoever. In other words it would give the president his own personal hit squad.

My own feeling is that even if drones in Yemen is only a trial balloon it is one that should be punctured without delay.

Let’s get one thing out of the way right off. Unmanned drones are lousy as tools of statecraft. If you want to have a drone circle a battle field for hours and then blow things up without putting soldier’s lives at risk then arguably they are an effective weapon. No one can argue that American soldier’s live are in jeopardy when the operators of the drones are half a world away slipping Big Gulp Slurpies in air-conditioned comfort the deserts of New Mexico.

If your goal is to build things, like roads, bridges, and hospitals or if you desire to bring stability to a region through democratic nation building or if you merely wish to win over hearts and minds, drones will not do you any good. The ability to blow up a building without putting yourself in harm’s way is hardly the way to make peace, build infrastructure, or get people to like you. In fact, as many observers and counter terrorism experts have noted, the use of drones as a weapon against insurgents is wildly ineffective and even counter productive. Every time a drone attack kills innocent civilians it acts as a recruiting tool for the militants whom you are fighting. And drones always kill civilians.

To use unmanned drones as we have been, for targeted, extra-judicial killing is contrary to every known international law one can think of. If one has any respect for the laws of other nations one has to condemn the use of drones as tools of state sponsored assassination. It matters not that we have been flying them over areas where the “state” government is a loose and unruly collection of tribal councils. If we were to fly drones over Ottowa, Cancun, or London in an effort to assassinate those we suspect of harboring ill will against our country, we would be just as guilty as we are blowing up militants in the Tribal areas of Waziristan. Every time we use drones to run an assassination mission over a sovereign nation we are guilty of a crime under international law. It’s that simple.

If it is illegal to use drones as assassination tools, then it is perforce immoral as well. Let me put it bluntly. Assassination is murder. You can call it extra-judicial killing but that doesn’t make it any more ethical. In order to put any kind of legitimacy on the taking of a life by the United States government we must first make such an order comply with the full weight of the law. The process must be transparent, or at least be controlled by some independent body with oversight capability. This does not happen with drones. The targets are chosen in secret. The death sentence decrees are handed down in secret. The affected parties are incinerated with no ability to face their accuser declare their innocence or refute the evidence against them. Indeed, if the person blown to glory is innocent, he or she may go to their reward never even knowing they were suspected of being a militant. And of course, the innocent bystanders who die as a result of any attack never get a say in the matter at all.

To be able to use any weapon without oversight or accountability, virtually insures that the weapon in question will be used with less reservation than if controls and oversight were in place. If any one requires proof of this, simply look at the statistics for frequency of drone attacks by the United States. Since the introduction of drones as a tool for targeting insurgents was introduced, their use has steadily increased. For Presidents like Obama and Bush before him, the ability to wipe out inconvenient people in foreign countries without having to ask permission or provide any reason to the leaders of the countries in question is like a powerful drug – one with dangerous side effects.

To sum up,
1) using drones for state assassination is illegal and immoral.

2) When employed with no oversight or accountability, the use of any weapon to carry out state sponsored assassination is an addictive drug for world leaders bent on military domination of the planet.

3) Drones are lousy weapons for fighting insurgencies because they are inaccurate and they create enemies when we kill the wrong people. The use of remote drones in targeted assassinations act as a recruiting tool for the very militants we are attempting to kill.

4) Finally, when used as a weapon of war, drones are excellent for blowing things up. However, they are useless for putting things back together, thus they are lousy as instruments of Statecraft, nation building, and bringing stability to a region.

The use of unmanned armed drones as tools for targeted assassination virtually assures instability and lawlessness in a region. The president, the Pentagon, and the manufacturers of unmanned areal vehicles may try to push them on us as effective at producing peace. However, the truth is the escalating use of unmanned assassination drones as a substitute for diplomacy will produce a much, much more dangerous world and make us all less safe.

Tags: Assassination, diplomacy, Drone Diplomacy, Ethics, government, law, Morality, Thomas Vincent, Vincent, Wall Street Journal, war, warfare
Posted in Daily Rant, Ethics, Politics, law, warfare | 2 Comments »

Let’s Talk Numbers

Friday, August 20th, 2010

According to Jack Kem, the Deputy to the Commander of NATO training mission in Afghanistan, the Afghan army now stands at around 134,000 troops. The number of police stand at 115,000.

Add this to the almost 120,000 NATO troops and their attendant 100,000 private contractors and you get a combined number of around 379,000 souls devoted to fighting the Taliban.

To put this into perspective, according to Major-General Richard Barrons, as of March 3, 2010, Taliban forces are estimated to number about 36,000 insurgents.

379,000 against 36,000. I’m no math genius but this looks to me like the Taliban are out numbered Ten to one.

Or to put it another way, with a population of barely 30 million, there are there is one soldier, policeman or foreign contractor for every 77 people in the country.

And the cost? The US has ponied up more than 335 billion dollars for it’s war effort in Afghanistan so far with no end in sight. This staggering amount of money has been spent on a country where two-thirds of the population live on fewer than 2 US dollars a day.

This is past insanity. It is bat shit crazy.

What is even crazier is that the enemy we are afraid of, al Qaeda, according to our own C.I.A. numbers as few as 50 men!

We have poured a third of a trillion dollars into a dirt poor country to “disrupt, dismantle and defeat’ a rag tag bag of fundamentalist nut jobs who’s greatest “victory” over our country was to highjack four airliners using box cutters and fly them into buildings?

300 billion dollars to hunt down 50 guys? Talk about over kill.

To put it into further perspective, Neighboring Pakistan has recently been the victim of catastrophic flooding that has affected some 20 million people. The US military has offered the use of four Chinook Helicopters and two black Hawk helicopters to support flood relief.

Six helicopters to help relief efforts for 20 million people?

By any measure, the United States has completely lost perspective as to what is important in the world. You can’t defeat box cutters with daisy cutters. Thousands of soldiers can’t defeat terrorists who aren’t there. And drones armed with Hellfire missiles are no use against catastrophic floods.

Tags: afghanistan, Al Qaeda, floods, numbers, pakistan, perspective, soldiers, Taliban, Terrorism, war, warfare
Posted in Daily Rant, Ethics, Politics, warfare | No Comments »

Morality of War in Afghanistan

Thursday, August 19th, 2010

Since the dawn of history, men have fought wars of aggression.

And since the dawn of history men have sought to justify those wars…

They have failed.

There is no moral justification for starting a war. None. While there can be honest debate about the acceptability of violence in defense of one’s life or liberty, it is a perversion of the concept of morality to claim that it is right and just to be the aggressor and preemptively attack another nation for any reason whatsoever. Whether you call it “making the world safe for democracy,” or whether you claim you are simply seeking “lebensraum,” sending soldiers into battle without provocation is wrong. It is immoral, and yes it is evil.

Fact: Since the events of Pearl Harbor on December 7th 1941, no nation has attacked the United States. Despite prodigious amounts of government spin, in the past fifty years none of the conflicts in which we have engaged have been in defense of our shores. In every conflict since WW II in which the United States has begun, we have been the aggressors. Thus with regard to the defense of this nation, none of the wars and invasions we have begun were justifiable.

As I said, bullies of the past have always tried to justify their aggressive acts. The chief difference I see between wars of the past and today’s conflict is that today, those in power don’t even try to justify their actions. Take General David Petraeus for example. In a recent interview with David Gregory of MSNBC, General Petreaus spoke out on the “big issues” of the conflict in Afghanistan. He talked about “the public’s frustration with the war, the strength of the Taliban, the government of Hamid Karzai… and whether President Obama’s July of 2011 withdrawal timeline will hold.” In addition, Gregory added his own straw-man question to the mix: “Is nation building possible in the badlands of Afghanistan?”

However, no question was raised in the interview of the rightness of the United States’ cause. Not one word was devoted to the moral justification of invading and occupying Afghanistan, putting our soldiers in harm’s way, and bankrupting the country in the process.

Instead, Petraeus talked about the “importance of the mission” and how hard that mission was. But the rightness of the mission? Un uh. No way.

In addition to being morally vague, General Petraeus’ comments on the war were so ambiguous as to be practically double speak:

“What we have are areas of progress, we have to link those together, extend them and then build on it because, of course, the security progress, as you noted earlier is the foundation for everything else, for the governance progress, the economic progress, the rule-of-law progress and so forth… the trick is to get all of it moving so that you’re spiraling upward where one initiative reinforces another.”

If my head did much more “spiraling upward” it would leave my shoulders altogether.

Not only can’t Petraeus identify the moral underpinning of America’s cause, he has trouble identifying what constitutes success:

“…but if you could reduce the level of violence by some 90 to 95 percent, as was the case in Iraq, to below a threshold which allows commerce and business and outside investment to take place, where there is an election that’s certainly at least elected representatives, and now you have to see if they can come together and form a government that is still representative of and responsive to the people, as was the previous one. If that can all be achieved there, that would be a reasonable solution here as well. “

The hell with peace; the hell with freedom; the hell with winning hearts and minds, the most important moral justification for all the death and destruction we are causing is so that commerce can resume?

“If Afghanistan can become the central Asian “roundabout,” to use President Karzai’s term, to where it can be the new Silk Road, think of the implications for that, recalling that, of course, Afghanistan is blessed with the presence of what are trillions, with an S on the end, trillions of dollars worth of minerals if, and only if, you can get the extractive technology, the human capital operated, the lines of communication to enable you to get it out of the country and all the rest of that.”

Is he serious? The moral purpose behind fighting and killing and dying in Afghanistan is so that we can dig up some minerals?

In an August 14 article in Huffington Post, entitled “Why Petraeus can’t make the sale” Author Dan Froomkin identifies Petraeus’ main problem as a simple one of facing up to reality.

“That reality, increasingly obvious to national security experts and the general public alike, is that no amount of good intentions or firepower is going to advance our fundamental interests in Afghanistan — and that as much as Petraeus might be able to achieve in the next six months, or a year, little to none of it is sustainable and most of it is, even worse, counterproductive.”

I believe Petraeus’ problem to be much more basic. If the General truly cares about “making the sale” for continuing to fight a war in Afghanistan then either he or President Obama must offer up a clear and unambiguous moral reason for fighting it.

And as the United States was the one who invaded and is currently occupying Afghanistan – as well as being responsible for inflicting much of the damage – I think that is a hard sell indeed.

Tags: 9-11, afghanistan, agression, attack, history, Moral, Morality, Obama, Petraeus, preemptive, sale, Terrorism, Thomas Vincent, Vincent, war
Posted in Daily Doubt, Ethics, Politics, warfare | No Comments »

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