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Open Thread
b – I was just preparing a new Iraqi thread with the same Boston Globe article, plus the big extract from Conchita that she put in the “dollar” thread and which I copy again below… Which I take to mean that I have the right reflexes for the site, if not yet your speed (or availability?)!
THE FOLLOWING letter from a U.S. soldier stationed in Iraq, known as hEkLe,powerfully conveys the terror of the U.S. assault on Falluja. It was
published in GI Special, a daily Internet newsletter that gathers news and information helpful to soldiers and military families. You can find an archive of the GI Special updated with each new issue at
http://www.militaryproject.org. hEkLe and several fellow soldiers have a Web log that they regularly update with essays at
http://www.ftssoldier.blogspot.com.
– – – – – – – – – – – – – – – –
THESE ARE ugly times for the U.S. military in Iraq. It seems everywhere you turn, more and more troops are being killed and maimed in vicious
encounters with determined rebel fighters.
The insurgency is mounting incredibly in such places as Baghdad, Mosul and Baquba, using more advanced techniques and weaponry associated with a
well-organized guerilla campaign. Even in the massively destroyed city of Falluja, rebel forces are starting to reappear with a callous determination to win or die trying. Many critics and political pundits are starting to realize that this war is, in many aspects, un-winnable.
And why should anyone think that a complete victory is possible? Conventionally, our U.S. forces win territory here or there, killing a
plethora of civilians as well as insurgents with each new boundary conquered. However, such as the recent case in Falluja, the rebel fighters have returned like a swarm of angry hornets, attacking with a vicious frenzy.
I was in Falluja during the last two days of the final assault. My mission was much different from that of the brave and weary infantry and Marines involved in the major fighting. I was on an escort mission, accompanied by a squad whose task it was to protect a high brass figure in the combat zone.
This particularly arrogant officer went to the last battle in the same spirit of an impartial spectator checking out the fourth quarter of a high school football game. Once we got to the Marine-occupied Camp Falluja and saw artillery being fired into town, the man suddenly became desperate to play an active role in the battle that would render Falluja to ashes. It was already rumored that all he really wanted was his trigger time, perhaps to prove that he is the toughest cowboy west of the Euphrates. Guys like him are a dime a dozen in the army: a career soldier who spent the first 20 years of his service patrolling the Berlin Wall or guarding the DMZ between North and South Korea. This sort of brass may have been
lucky to serve in the first Gulf War, but in all actuality spent very little time shooting rag heads.
For these trigger-happy tough guys, the last two decades of Cold War hostilities built into a war frenzy of stark emptiness, fizzling out almost
completely with the Clinton administration. But this is the New War, a never-ending, action-packed “Red Scare” in which the communist threat of yesteryear was simply replaced with the white
knuckled tension of today’s “war on terrorism.”
The younger soldiers who grew up in relatively peaceful times interpret the mentality of the careerists as one of making up for lost opportunities. To the elder generation of trigger pullers, this is the real deal; the chance to use all the cool toys and high speed training that has been stored away since the ’70s for something tangibly useful…and it’s about goddamn time.
– – – – – – – – – – – – – – – –
HOWEVER, UPON reaching the front lines, a safety standard was in effect stating that the urban combat was extremely intense. The lightest armored
vehicles allowed in sector were Bradley tanks.
Taking a glance at our armored humvees, this commander insisted that our section would be fine. Even though the armored humvees are very stout and
nearly impenetrable against small-arms fire, they usually don’t hold up well against rocket attacks and roadside bombs, like a heavily armored tank
will. The reports from within the war zone indicated heavy rocket attacks, with an armed insurgent waiting on every corner for a soft target such as trucks. In the end, the overzealous officer was urged not to infiltrate into sector
with only three trucks, for it would be a death wish during those dangerous twilight hours. It was suggested that in the morning, after the air strikes were complete, he could move in and “inspect the damage.”
Even as the sun was setting over the hazy orange horizon, artillery was
pounding away at the remaining 12 percent of the already devastated Falluja. Many units were pulled out for the evening in preparation of a full-scale
air strike that was scheduled to last for up to 12 hours. Our squad was sitting on top of our parked humvees, manning the crew-served machine guns and scanning the urban landscape for enemy activity. This was supposed to be a secured forward operating area, right on the edge of the combat zone. However, with no barbed wire perimeter set up and only a few scattered tanks serving as protection, one was under the assumption that if
someone missed a minor detail while on guard, some serious shit could go down. One soldier informed me that only two nights prior, an insurgent was caught sneaking around the bullet-ridden houses to our immediate west. He was armed with a rocket-propelled grenade and was laying low on his advance towards the perimeter. One of the tanks spotted him through its night vision and hastily shot him into three pieces. Indeed, though it was safe enough to smoke a cigarette and relax, one had to remain diligently aware of his surroundings if he planned on making it through the night.
As the evening wore on and the artillery continued, a new gruesome roar filled the sky. The fighter jets were right on time and made their grand appearance with a series of massive air strikes. Between the pernicious bombs and fierce
artillery, the sky seemed as though it were on fire for several minutes at a time. First, you would see a blaze of light in the horizon, like
lightning hitting a dynamite warehouse, and then hear the massive explosion that would turn your stomach, rattle your eyeballs and compress itself deep within your lungs. Although these massive bombs were being dropped no further than five kilometers away, it felt like it was happening right in front of your face.
At first, it was impossible not to flinch with each unexpected boom, but after scores of intense explosions, your senses became aware and complacent towards them.
At times, the jets would scream menacingly low over the city and open fire with smaller missiles meant for extreme accuracy. This is what Top Gun, in all its glory and silver screen acclaim, seemed to be lacking in the movie’s high budget sound effects.
These air-deployed missiles make a banshee-like squeal, sort of like bottle rocket fueled with plutonium, and then suddenly would become inaudible. Seconds later, the colossal explosion would rip the sky open and hammer devastatingly into the ground, sending flames and debris pummeling into the air.
And as always, the artillery–some rounds were high explosive, some were illumination rounds, some were reported as being white phosphorus (the
modern-day napalm).
Occasionally, on the outskirts of the isolated impact area, you could hear tanks firing machine guns and blazing their cannons. It was amazing that anything could survive this deadly onslaught. Suddenly, a transmission came over the radio approving the request for “bunker-busters.” Apparently, there were a handful of insurgent compounds that were impenetrable by artillery. At the time, I was unaware when these bunker-busters were deployed, but I was told later that the incredibly massive explosions were a direct result of these “final solution”-type missiles.
I continued to watch the final assault on Falluja throughout the night from atop my humvee.
It was interesting to scan the vast skies above with night-vision goggles. Circling continuously overhead throughout the battle was an array of attack helicopters. The most devastating were the Cobras and Apaches with their chain-gun missile launchers.
Through the night vision, I could see them hovering around the carnage, scanning the ground with an infrared spotlight that seemed to reach for miles. Once a target was identified, a rapid series of hollow blasts would echo through the skies, and from the ground came a “rat-a-tatting” of explosions, like a daisy chain of supercharged black cats during a Fourth of July barbeque.
More artillery, more tanks, more machine gun fire, ominous death-dealing fighter planes terminating whole city blocks at a time…this wasn’t a war,
it was a massacre!
– – – – – – – – – – – – – – – –
AS I look back on the air strikes that lasted well into the next morning, I cannot help but be both amazed by our modern technology and disgusted by
its means.
It occurred to me many times during the siege that while the Falluja resistance was boldly fighting us with archaic weapons from the Cold War, we were soaring far above their heads, dropping Thor’s fury with a destructive power and precision that may as well been nuclear. It was like the Iraqis were bringing a knife to a tank fight.
And yet, the resistance toiled on, many fighting until their deaths. What determination!
Some soldiers call them stupid for even thinking they have a chance in hell to defeat the strongest military in the world, but I call them brave. It’s
not about fighting to win an immediate victory. And what is a conventional victory in a non-conventional war?
It seems overwhelmingly obvious that this is no longer within the United States hands.
We reduced Falluja to rubble. We claimed victory and told the world we held Falluja under total and complete control. Our military claimed very few
civilian casualties and listed thousands of insurgents dead. CNN and Fox News harped and cheered on the television that the battle of Falluja would go down in history as a complete success, and a testament to the United States’ supremacy on the modern battlefield.
However, after the dust settled, and generals sat in cozy offices smoking their victory cigars, the front lines in Falluja exploded again with
indomitable mortar, rocket, and small-arm attacks on U.S. and coalition forces.
Recent reports indicate that many insurgents have resurfaced in the devastated city of Falluja. We had already claimed the situation under control and were starting to turn our attention to the other problem city of Mosul. Suddenly, we were backtracking our attention to Falluja. Did the
Department of Defense and the national press lie to the public and claim another preemptive victory?
Not necessarily so. Conventionally, we won the battle–how could anyone argue that? We destroyed an entire city and killed thousands of its
occupants. But the main issue that both the military and public forget to analyze is that this war, beyond any shadow of a doubt, is completely
guerrilla.
Sometimes I wonder if the West Point-graduated officers have ever studied the intricate simplicity and effectiveness of guerrilla warfare.
During the course of this war, I have occasionally asked a random lieutenant or a captain if he at any time has even browsed through Che Guevara’s Guerrilla Warfare. Almost half of them admit that they have not. This I find to be amazing! Here we have many years of guerrilla warfare ahead of us, and our military’s leadership seems dangerously unaware of what it all means!
Anyone can tell you that a guerrilla fighter is one who uses hit-and-run techniques to attempt a breakdown of a stronger conventional force.
However, what is more important to a guerrilla campaign are the political forces that drive it. Throughout history, many guerrilla armies have been successful; our own country and its fight for independence cannot be excluded.
We should have learned a lesson in guerrilla fighting with the Vietnam War only 30 years ago, but history has a funny way of repeating itself. The Vietnam War was a perfect example of how quick, deadly assaults on conventional troops over a long period of time can lead to an unpopular
public view of the war, thus ending it.
Che Guevara stressed in his book Guerrilla Warfare that the most important factor in a guerrilla campaign is popular support. With that, victory is
almost completely assured.
The Iraqis already have many of the main ingredients of a successful insurrection. Not only do they have a seemingly endless supply of munitions and weapons, they have the advantage to blend into their environment, whether that environment is a crowded marketplace or a thickly vegetated palm grove.
The Iraqi insurgent has utilized these advantages to the fullest, but his most important and relevant advantage is the popular support from his own countrymen.
What our military and government needs to realize is that every mistake we make is an advantage to the Iraqi insurrection. Every time an innocent man, woman or child is murdered in a military act, deliberate or not, the insurgent grows stronger.
Even if an innocent civilian is slain at the hands of his or her own freedom fighter, that fighter is still viewed as a warrior of the people, while the occupying force will ultimately be blamed as the responsible perpetrator.
Everything about this war is political…every ambush, every bombing, every death. When a coalition worker or soldier is abducted and executed, this only adds encouragement and justice to the dissident fervor of the Iraq public, while angering and demoralizing the occupier.
Our own media will prove to be our downfall as well. Every time an atrocity is revealed through our news outlets, our grasp on this once secular nation slips away. As America grows increasingly disturbed by the images of carnage and violent death of her own sons in arms, its government loses the justification to continue the bloody debacle.
Since all these traits are the conventional power’s unavoidable mistakes, the guerrilla campaign will surely succeed.
In Iraq’s case, complete destruction of the United States military is impossible, but through perseverance, the insurgency will drive us out.
This will prove to be the inevitable outcome of the war.
– – – – – – – – – – – – – – – –
WE LOST many soldiers in the final battle for Falluja, and many more were seriously wounded. It seems unfair that even after the devastation we
wreaked on this city just to contain it, many more troops will die in vain to keep it that way.
I saw the look in the eyes of a reconnaissance scout while I talked to him after the battle. His stories of gore and violent death were unnerving. The sacrifices that he and his whole platoon had made were infinite. They fought every day with little or no sleep, very few breaks and no hot meals.
For obvious reasons, they never could manage to find time to e-mail their mothers to let them know that everything turned out okay.
Some of the members of his platoon will never get the chance to reassure their mothers, because now, those soldiers are dead.
The look in his eyes as he told some of the stories were deep and weary, even perturbed. He described in accurate detail how some enemy combatants were blown to pieces by army-issued bazookas, some had their heads shot off by a 50 caliber bullet, others were run over by tanks as they stood defiantly in the narrow streets, firing an AK-47.
The soldier told me how one of his favorite sergeants died right in front of him. He was taking cover behind an alley wall, and as he emerged to fire his M4 rifle, he was shot through the abdomen with a rocket-propelled grenade.
The grenade itself exploded and sent shrapnel into the narrator’s leg. He showed me where a chunk of burned flesh was torn from his left thigh.
He ended his conversation saying that he was just a dumb kid from California who never thought joining the army would send him straight to
hell. He told me he was tired as fuck and wanted a shower. Then he slowly walked away, cradling a rifle under his arm.
Posted by: Jérôme | Dec 6 2004 15:14 utc | 3
Russia is only of significance to the West for a small number of reasons:
– veto on the Security Council, and still a pretty active diplomacy
– lots of nukes around that need to be kept secure
– it’s a neighboor to pretty much everybody and gets involved in most local disputes in Europe and Asia.
– it has a nuisance capacity by being friendly to rogue regimes (friendly meaning providing diplomatic support (cf first point above) and weapons)
– it sells A LOT of gas to Europe (and is now making noises about LNG that could also go to the US)
– it exports of lot of oil, which until recently, and pretty unusually for a non OECD country, was produced by private, quoted companies (i.e. with US shareholders).
So what’s really important in that? What do Bush, Chirac, Blair, Schroder and others want form Russia, and do they get it?
Bush – with Condi being a Cold War specialist, and the whole administration loving power games, relations with Russia are quite simple. They are on the same side of history, the past, where might is right. (Russia is weak; noisy, but weak. So it’s easy)
They can deal with Russia – you support us on the WoT, we let you do you stuff (genocide, remember) in Chechnya. You sort of scream on Iraq, but don’t really do anything about it, and we’ll let you in the game later. You produce oil in increasing quantities, which is good (non-Arab oil is very good), so we’ll let you take back the oil companies from their owners (so long as the US investors are compensated and US majors get a slice on the way). We’ll push you around a little in Georgia and Ukraine, but hey, it’s business, nothing personal, we know you’d do the same (as a matter of fact, you’re trying) and nothing much you can do about it – take your nerves on the silly Europeans…
Putin is happy, because, despite the occasional shafting on the borders of the former Soviet Union, he gets a good deal out of it: his authority within Russia is not contested (forget those pesky political opponents), he is taken seriously on the world stage, and he gets a seat at the geopolitical grand table with his oil and pipelines. The USA play a game he can understand – and when you consider the terribly weak state of the country, the results are not so bad.
Chirac – he’d love a Russia that stands up to the USA, and is one of the poles of his “multipolar world. He enjoys power politics with the big countries, it’s more fun than defending stupid agricultural subsidies against Dutch or Slovenian bureaucrats. Any photo-op that makes him look standing up against the villain Bush with the mighty tsar Putin (don’t forget the aura that remains for words like “Kremlin”, “tsar”, etc) is popular at home and around the world.
Putin indulges him up to a point (but he’s careful never to do anything that would really piss Bush off; these photo ops don’t really count, Condi knows that). Better let these crazy French do the dirty job of saying loud what everybody thinks but does not dare tell the bully…
Schroeder – apart from the games when Chirac pulls him in, he has more down to earth worries: making sure that Russia pays its debt (60% of which is owed to Germany), that Russia delivers its gas that Germany – and the neighbors – needs (more than 30% – and growing – of its needs for Germany, 60 to 100% for Central Europe), and that Russia behaves viz. the new small friends to the East. If he can get business for the big German companies, that’s nice too. So Schroeder tries to keep Putin more or less happy, and tries to explain to him how the European bureaucracy works, and asks that he does not complain too much about Chechnya or other nasty stuff, so long as it does not happen to EU or near-EU countries (the Balts or Georgia).
Putin, he’s happy to keep Schroeder happy (in fact, he’s pretty desperate to, as the gas exports to Europe make 25% of the whole country’s exports, and 20% of his government’s income – he cannot believe that he gets such an easy deal there). Schroeder helps him with those stupid Brussels bureaucrats who don’t know a thing about Russia but want to decide what he and his friends and companies can and cannot do; (Actually, they do decide about these things, and they reflect the consensus of most European governments; Putin – as most Russians and Americans – really does not understand how Brussels work and how pervasise its influence is – it’s so much easier to deal with Schroeder, schmooze him, maks him feel respected). If Schroeder is pissed at him, he makes friends with Blair and snubs him and that always works (ahh, divide and rule, so simple, Bush knows that as well – but it is getting harder in Europe these days). Luckily, they get all worked up about that crazy Kyoto stuff. This has been sooo useful in recent times to get goodies from all of them.
Blair – who cares about Blair these days?
(Sorry, could not resist. I am French, after all; The short version is: see Chirac. Different motivations, same results).
Others? Well China is a whole other story. (another time) Iran? See below.
So, what about Ukraine? Well, for Russians, Ukraine is not just the former soviet Union, it is, in the Russian soul, part of Russia. So it should be off limits to everybody else. They cannot believe that Europe is so interested in the election there, it’s none of their business! The USA they can understand, they are always trying to nibble when they can, but that can be dealt with. Europe – it’s suddenly getting too damn close for confort; hence the outraged screams.
The fact is, Russia is in tough situation.
– natural gas is a co-dependency relationship; Big pipelines mean that the supplier (Russia) has one client (Europe), and the client has one supplier; so they are stuck with one another and cannot do anything that would jeopardise that fundamental fact. sure, there’s a lot of theater, jockeying around, politicking, but essentially, it’s a draw.
– oil. again, Russia is heavily dependent on the stuff, so it’s not a painless weapon for them. Jacking up production is still a good way to matter worldwide, earning cookie points with the US and a bundle of $ as well, but it keeps the corruption going and it prevents real reform of the rest of the economy. There’s the pipeline games in the Caspian, but this is a game Russia has lost (they’ve won the game on the gas side) – to build a new pipe, you need a reliable partner, and Russia is not a reliable partner for these things (too much tinkering) – so new pipelines are built elsewhere to avoid the hassle (on the gas side, Russia won because the pipelines are already there) – even if the other governments forget it, the oil companies know it and take it into account. Sure, they also want access to the reserves, but they are big boys and understand power games with the best of them (and they have much deeper pockets than Russia, and longer memories than other investors). So Russia is in the game, but it’s not a free ride.
– nukes. Well, that’s the big unsaid. Russia is potentially too dangerous to let it go bad, so the threat that chaos is looming is always good for a little extra help from the gullible West (cash at times, tolerance for repression at others, etc).
– rogue regimes. Like helping Iran build their nuclear reactor. Again, it’s mostly leverage against the West, and the West falls for it each time, it’s almost too easy. This is really a situation that would call for a little firmness (“stop selling nukes to iran or we’ll stop giving visas to Paris or London to your girlfriends”, handed with an up-to-date list of said girlfriends, would work absolute wonders if we cared to try…).
Russia does not give a damn about Iran. All it wants is respect and monet form the West. Supporting democracy consistently (the key word) will get you respect, even if you are a pain in the ass. forget the consistency, and Russia knows it’s just a game played for leverage – and that, they know how to play. Make it non-negotiable, and there will be progress.
– UN veto. Who cares about the UN? France and Russia. Why? Because they have the veto! Forget the UN, lose the veto, ignore France and Russia. Seriously… (I mean, hated as the US administration is, what would it change? As if Bush cares about AIDS or refugees, the only kind of stuff that the UN does reasonably well)
So my bet is – relations between Russia and the US will be good, even if they are not warm. Relations between Russia and Europe will be tumultuous, even if they cannot be allowed to go bad.
Posted by: Jérôme | Dec 6 2004 21:14 utc | 16
So much loss… by Dahr Jamail in Baghdad
December 7, 2004
Last weekend alone, over 70 Iraqis were killed in violence around their country. Yet these are only those reported as a result of spectacular, “newsworthy” incidents like car bombs or clashes between the resistance and occupation forces.
Iraqis are dying everyday from other things, like violent crime, kidnappings where families can’t afford to pay the ransom, stray bullets…
It’s all too easy to lose sight of what this means by looking only at the macro headlines; 32 Iraqis killed by a car bomb, 8 Iraqi Police killed when Police Station stormed, etc.
The numbers don’t tell the story of families the dead are leaving behind.
There are no words to describe the sadness, nor the hopelessness felt, when meeting with a family left behind when their 30 year-old father was shot by US forces this past Fall.
In a small, one room house in Sadr City lives Sua’ad, a widow of 8 young children.
“I can do nothing but look at my children and cry,” she says while weeping throughout the interview, “What are children to do without their father? A mother can care for them, but it will be different. No matter what I do, it will be different. Sometimes I need my husband for small things, and when he’s not there I just want to cry.”
Her husband, Abdulla Rahman, was killed when caught in the crossfire between occupation forces and the Mehdi Army.
She describes the day her husband was killed. US forces were attacking fighters in the area of Sadr City where they lived.
“His last day he worked his job of selling used clothing,” she said quietly. Abdulla had come home for his break to eat with his family. He played with his 7 year-old son, then went outside to see what was happening when fighting broke out.
He returned shortly thereafter to tell Sua’ad he needed to go close his small shop. Roaring jets thundered overhead as bombs dropped, and small arms fire was audible down the street.
“His shop is all we have,” explained Sua’ad, “I asked him not to go, but he said he would be right back.”
But her husband never came back home…
“Some men told me he had been wounded, but when I found him at the head of the street he was dead,” she said softly while weeping.
Abbas, a 17 year-old neighbor hobbles in on his new crutches. One of his legs was amputated because of wounds received from a cluster bomb that fell near his home.
Sua’ad’s oldest child, Ahmed is just 14 years old. Their small house in the sprawling slum of Baghdad is nearly empty. Aside from infrequent handouts from neighbors, they have no income.
“He was our father, and we are needing him so much,” she explains while holding her arms out while a small child sits in her lap, “His house needs many things. His children need many things. They are children. He was like my mother and my father and everything in my life.”
She pauses to catch her breath. She never stops weeping.
“We are living alone now. I have four children with asthma. Sometimes they can’t breathe and I can do nothing for them. All I do is stand with them and cry,” she explains, “He was helping me by taking them to the hospital and bringing the medicines, but now I am knocking on the doors of the neighbors. Now we are really needing him.”
She looks outside as tears run down her cheeks. Remembering him, she continues while staring out the window…
“He sacrificed everything for his children,” she says softly, “This happens for all the good people in the world, not just me.”
Her grief is mixed with anger towards the occupiers of her country…
“What can I say for the Americans? God will have the revenge for me. Now I have 8 orphans, and I am the 9th. As they make us orphans, God is going to kick them out of our country. All of these young men have been killed for nothing. They killed them but they did nothing wrong. My husband did nothing.”
She sits in silence. The room is quiet, aside from one of her baby who is crying in the next room.
Sua’ad offers food, but it is time to go.
She walks to the front gate as we leave.
I look back once more.
She is still weeping.
Posted by: DM | Dec 8 2004 2:31 utc | 45
TSOG(Tsarist Occupation Government)Accelerating!
Will voices of dissent still be heard?
U.S. firms now need OK to publish authors from nations under sanction.
Author: Scott Martelle; Times Staff Writer
Calendar Desk
Edition: Home Edition
Section: Calendar
Page: E-1
In the summer of 1956, Russian poet Boris Pasternak — a favorite of the
recently deceased Joseph Stalin — delivered his epic “Doctor Zhivago”
manuscript to a Soviet publishing house, hoping for a warm reception and a fast
track to readers who had shared Russia’s torturous half-century of revolution
and war, oppression and terror.
Instead, Pasternak received one of the all-time classic rejection letters: A
10,000-word missive that stopped just short of accusing him of treason. It was
left to foreign publishers to give his smuggled manuscript life, offering the
West a peek into the soul of the Cold War enemy, winning Pasternak the 1958
Nobel in literature and providing Hollywood with an epic film.
These days, Pasternak might not fare so well.
In an apparent reversal of decades of U.S. practice, recent federal Office of
Foreign Assets Control regulations bar American firms from publishing works by
dissident writers in countries under sanction unless they first get U.S.
government approval.
The restriction, condemned by critics as a violation of the 1st Amendment,
means that books and other works banned by some totalitarian regimes cannot be
published freely in the United States, a country that prides itself as the
international beacon of free expression.
“It strikes me as very odd,” said Douglas Kmiec, a constitutional law professor
at Pepperdine University and former constitutional legal counsel to Presidents
Ronald Reagan and George H.W. Bush. “I think the government has an uphill
struggle to justify this constitutionally.”
Several groups, led by the PEN American Center and including Arcade Publishing,
have filed suit in U.S. District Court in New York seeking to overturn the
regulations, which cover writers in Iran, Sudan, Cuba, North Korea and, until
recently, Iraq.
Violations carry severe reprisals — publishing houses can be fined $1 million
and individual violators face up to 10 years in prison and a $250,000 fine.
“Historically, the United States has served as a megaphone for dissidents from
other countries,” said Ed Davis of New York, a lawyer leading the PEN legal
challenge. “Now we’re not able to hear from dissidents.”
Yet more than dissident voices are affected.
The regulations already have led publishers to scrap plans for volumes on Cuban
architecture and birds, and publishers complain that the rules threaten the
intellectual breadth and independence of academic journals.
Shirin Ebadi, the 2003 Nobel Peace Prize winner, has joined the lawsuit,
arguing that the rules preclude American publishers from helping craft her
memoirs of surviving Iran’s Islamic revolution and her efforts to defend human
rights in Iranian courts.
In a further wrinkle, even if publishers obtain a license for a book —
something they are loathe to do — they believe the regulations bar them from
advertising it, forcing readers to find the dissident works on their own.
“It’s absolutely against the 1st Amendment,” fumed Arcade editor Richard
Seaver, who hopes to publish an anthology of Iranian short stories. “We’re not
going to ask permission [to publish]. That reeks of censorship. And
‘censorship’ is a word that gets my hackles up very quickly.”
Officials from the U.S. Treasury Department, which oversees OFAC, declined
comment on the lawsuit, but spokeswoman Molly Millerwise described the
sanctions as “a very important part of our overall national security.”
“These are countries that pose serious threats to the United States, to our
economy and security and our well being around the globe,” Millerwise said,
adding that publishers can still bring dissident writers to American readers as
long as they first apply for a license.
“The licensing is a very important part of the sanctions policy because it
allows people to engage with these countries,” Millerwise said. “Anyone is free
to apply to OFAC for a license.”
Critics say they shouldn’t have to.
“We have a long tradition of not accepting prior restraint,” said Wendy
Strothman of Boston, who hopes to serve as Ebadi’s literary agent should the
regulations be struck down. “The notion of getting a license seems to me to be
completely counter to the spirit of the 1st Amendment…. It’s really, for me,
mostly about the notion of freedom of expression.”
Strothman found the logic behind the restrictions perplexing.
“It strikes me as incredible irony that we worry about the value of our
intelligence system while cutting off the voices of people we should be hearing
from,” she said. “We need to be hearing what people on the street are thinking
around the world.”
The literature that might be lost to American readers is impossible to measure,
but in recent months the bestseller lists have been dominated by Azar Nafisi’s
“Reading Lolita in Tehran,” a memoir she wrote in exile. And Marjane Satrapi’s
graphic novel, “Persepolis: The Story of a Childhood,” written and published
after her family left Iran for France, has found an international audience.
Tom Miller, author of “Trading With the Enemy: A Yankee Travels Through
Castro’s Cuba,” said the regulations not only “nullify the 1st Amendment” but
would dampen the hopes of censored Cuban writers.
“It would be all the more depressing,” said Miller, who travels to Cuba several
times a year under U.S. licenses for journalistic, academic or cultural
purposes. “There are two places Cubans get published outside of Cuba — Spain
and the States. To cut that short list in half is devastating. In the U.S., it
means less artistic and literary infusion from overseas.”
Curt Goering, deputy executive director for the Amnesty International human
rights monitoring group, criticized the regulations as “a violation of some
fundamental human rights.”
Goering said international covenants recognize the right of people to receive
and distribute information regardless of political boundaries. “It’s yet
another example of the hypocrisy of this administration on human rights,”
Goering said, adding that while the U.S. defends its role in Iraq as a defense
of liberty at home it is “blocking” publication of dissident voices.
Kmiec, who is not part of the legal challenge, said the 1st Amendment — and
subsequent court rulings — generally preclude the government from restricting
publications before they are made.
“It does allow for limitations where there are clear and present dangers and
compelling foreign policy or other interests that can be tangibly and
authentically demonstrated,” Kmiec said. “But short of that special application
and very rare circumstance, government censorship is properly off-limits. These
efforts to restrain in advance are almost sure to fail.”
The dispute centers on a Treasury Department interpretation this year of
regulations rooted in the 1917 “Trading With the Enemy Act,” which allows the
president to bar transactions with people or businesses in nations during times
of war or national emergency. A 1988 amendment by Rep. Howard Berman (D-North
Hollywood) relaxed the act to effectively give publishers an exemption while
maintaining restrictions on general trade.
In April, OFAC regulators amended an earlier interpretation to advise academic
publishers that they can make minor changes to works already published in
sanctioned countries and reissue them.
But the regulators said editors cannot provide broader services considered
basic to publishing, such as commissioning works, making “substantive” changes
to texts, or adding illustrations.
The regulations seem shaded by Joseph Heller’s classic novel “Catch-22.”
American publishers are allowed to reissue, for example, Cuban communist
propaganda or officially approved books but not original works by writers whom
the Cuban government has stifled.
In a letter to Treasury officials this past spring, Berman described the
regulations as “patently absurd” and said they form a “narrow and misguided
interpretation of the law.”
“It is in our national interest to support the dissemination of American ideas
and values, especially in nations with oppressive regimes,” Berman said. “At
the same time, [the Berman amendment] is intended to ensure the right of
American citizens to have access to a wide range of information and satisfy
their curiosity about the world around them.”
Had the current Treasury regulations been in place during the Cold War, such
dissidents as Pasternak, Alexander Solzhenitsyn and Vaclav Havel could not have
been published unlicensed in the U.S.
But they were published. And while those writers faced severe reprisals at home
— including years of prison camps — knowing that the outside world was
listening helped keep their hopes alive.
“It was like a constant life support,” said Serguei Oushakine, a doctoral
candidate in anthropology at New York’s Columbia University and a former
Russian culture professor at Altai State Technical University in Barnaul,
Siberia.
Oushakine said the dissidents’ Cold War-era writings in the samizdat — the
underground Russian self-publishing network — and the tamizdat — works
published abroad — infused the political culture of the 1970s and 1980s.
Dissident voices helped inform eventual reformers such as Mikhail Gorbachev,
who “took some of the dissidents’ ideas for granted.”
“These publications provided an immediate influx of literature and ideas when
changes started happening,” Oushakine said. “[They] formed a certain pool of
people who could act as moral authorities of some kind in a situation when
previous hierarchies collapsed.”
Without them, he believes, perestroika would not have been possible and the
collapse of the former Soviet regime would have unfolded much differently and
much more slowly.
“If you take this long view, I think such a publishing was extremely important
and necessary for the Soviet Union,” Oushakine said. “And I think it could be
useful for countries like Iran, Cuba or North Korea.”
Posted by: Uncle $cam | Dec 9 2004 23:24 utc | 88
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