1513

Niccolo Machiavelli

[...]

Now the main foundations of all States, whether new, old, or mixed, are good laws and good arms. But since you cannot have the former without the latter, and where you have the latter, are likely to have the former, I shall here omit all discussion on the subject of laws, and speak only of arms. 

[...]

Mercenaries and auxiliaries are at once useless and dangerous, and he who holds his State by means of mercenary troops can never be solidly or securely seated. For such troops are disunited, ambitious, insubordinate, treacherous, insolent among friends, cowardly before foes, and without fear of God or faith with man. 

[...] 

And if it be said whoever has arms in his hands will act in the same way whether he be a mercenary or no, I answer that when arms have to be employed by a Prince or a Republic, the prince ought to go in person to take command as captain, the Republic should send one of her citizens, and if he prove incapable should change him, but if he prove capable should by the force of the laws confine him within proper bounds. 

[...]

For the gains resulting from mercenary arms are slow, and late, and inconsiderable, but the losses sudden and astounding.

New York Times

Noah Feldman

Cambridge, Mass.

Has the Obama administration changed the legal rules for detaining suspects in the war on terrorism, or is it continuing in the footsteps of the Bush administration?

We got a clue last week when the Justice Department filed an important document “refining” the government’s position in lawsuits over those held at Guantánamo Bay. Hailed by supporters as a leap forward, yet criticized by human rights groups as being little different from what came before, the filing reveals a distinctive approach to constitutional law. Cautious and modest where George W. Bush was ambitious and brash, Mr. Obama still claims the authority necessary to sustain almost everything his predecessor did.

Perhaps what’s most important here is what Mr. Obama’s lawyers do not say. The Bush White House long insisted that the president had inherent power as commander in chief to do whatever it took to defend the country — including overriding American and international law. The Obama filing, however, is silent on the topic of inherent executive power. Indeed, the magic words “commander in chief” never even appear.

Technically, the Obama lawyers have not abandoned the argument for broad presidential power, just implied that such authority is unnecessary to get them what they want.

Yet omitting the claim to unfettered executive authority shows respect for Congress and international standards. In effect, the Obama administration is saying to the courts that if the detainees cannot be held as a matter of federal or international law, judges should release them. This approach is brave — so brave it might even prove foolhardy if the courts, sick of nearly a decade of detention, decide to clear the decks.

The filing argues that the authorization for the use of military force passed by Congress after 9/11 — the contemporary equivalent of a declaration of war — gives the president the powers any sovereign would have under the general principles of the international law of war. Relying on international law to make sense of Congress’s grant of power has deep roots in our constitutional tradition.

In the context of America’s present global military posture, however, the rediscovery of this notion is little short of astonishing. The laws of war, mostly designed for old-fashioned struggles between sovereign states, often do not fit today’s circumstances. The Bush administration saw this mismatch as an occasion to treat the Geneva conventions as “quaint” (in the words of Alberto Gonzales, the former White House counsel).

The Obama lawyers, however, seem to believe that the international law of war is flexible enough to serve their interests — and even to expand the president’s power to detain suspects beyond the strict language used by Congress when it gave President Bush authority to carry out his war on terrorism.

Here is where the law gets complicated: In 2001, Congress told the president he could make war on anyone who had “planned, authorized, committed or aided” the Sept. 11 attacks. The Bush administration, though, went further; it claimed the power to detain any “enemy combatant,” defined to include “anyone who is part of or supporting Taliban or Al Qaeda forces or associated forces.” In an unfortunate legal overreach, one administration lawyer said the government could detain a “little old lady in Switzerland” whose donation to an Afghan orphanage ended up in the hands of Al Qaeda.

In place of the “enemy combatant” definition, the Obama administration now claims the right to detain anyone who “substantially supported” terrorists. Thankfully, the Obama standard would free the little old Swiss lady. But the words “substantial support” do not come from international law any more than Bush’s “enemy combatant” did.

The administration lawyers suggest in their brief that “substantial support” of terrorists could be defined by some unspecified analogy to the laws of detention in traditional armed conflict. Yet the details are left to the imagination; and when push comes to shove, this language might well include all the Guantánamo detainees, including those who never belonged to a terrorist group.

The upshot is that the Obama approach is potentially broad enough to continue detaining everyone whom the Bush administration put in Guantánamo in the first place. The legal theories are subtler, and the reliance on international law may prove more attractive to our allies. But President Obama is stuck with the detainees Mr. Bush left him, and some may pose a real danger. Faced with this conundrum, and pressed for answers by judges who are rightfully impatient, the administration is hurrying to reframe existing powers in new legal doctrines.

The true test of whether Mr. Obama has improved on the Bush era lies in how his administration justifies its decisions on the 241 remaining Guantánamo detainees, whose cases will now be evaluated internally and reviewed by the courts. If the new legal arguments actually affect who goes free and who stays in custody, then they will amount to meaningful change. Without real-world effects, though, even the most elegant new legal arguments are nothing but words.

Noah Feldman is a law professor at Harvard, a fellow at the Council on Foreign Relations and a contributing writer to The Times Magazine.

New York Times

Sheryl Gay Stolberg

WASHINGTON, Sept. 6 — President Bush said Wednesday that 14 high-profile terror suspects held secretly until now by the Central Intelligence Agency — including the man accused of masterminding the Sept. 11 attacks — had been transferred to the detention center at Guantánamo Bay, Cuba, to face military tribunals if Congress approves.

The suspects include Khalid Shaikh Mohammed, thought to be the Sept. 11 mastermind, and other close associates of Osama bin Laden. Mr. Bush said he had decided to “bring them into the open” after years in which the C.I.A. held them without charges in undisclosed sites abroad, in a program the White House had not previously acknowledged.

The announcement, in the East Room of the White House, was the first time the president had discussed the secret C.I.A. program, and he made clear that he had fully authorized it. Mr. Bush defended the treatment the suspects had received but would not say where the so-called “high-value terrorist detainees” had been held or what techniques had been used to extract information from them.

The transfer of the high-level suspects to Guantánamo Bay effectively suspended the extraordinary program, in which the intelligence agency became the jailer and interrogator of suspects counterterrorism officials considered the world’s most wanted Islamic extremists.

The government says the 14 terror suspects include some of the most senior members of Al Qaeda captured by the United States since 2001, including those responsible for the bombing of the destroyer Cole in 2000 in Yemen and the 1998 attacks on American embassies in Kenya and Tanzania. Most of the detainees have been interviewed extensively and are believed to have little remaining intelligence value.

With the transfer of the suspects to Guantánamo, which is run by the Defense Department, the International Committee of the Red Cross will monitor their treatment, Mr. Bush said. He used the East Room appearance to urge Congress to authorize new military commissions to put terror suspects on trial, replacing rules established by the administration but struck down in June by the Supreme Court.

“As soon as Congress acts to authorize the military commissions I have proposed, the men our intelligence officials believe orchestrated the deaths of nearly 3,000 Americans on Sept. 11, 2001, can face justice,” Mr. Bush said, to an audience that included family members of the victims. He added, “To start the process for bringing them to trial, we must bring them out into the open.”

To that end, the president sent Congress legislation proposing new rules for the commissions and detailing specific standards for the humane treatment of detainees. Yet the proposal hews closely to the old commission model, and it retains several provisions the court found troublesome, including language that permits defendants to be excluded from their own trials.

At the same time, the Pentagon released a new Army Field Manual that lays out permissible interrogation techniques and specifically bans eight methods that have come up in abuse cases. Among the techniques banned is water-boarding, in which a wet rag is forced down a bound prisoner’s throat to cause gagging; intelligence officials have said Mr. Mohammed was subjected to that treatment while in C.I.A. custody.

Although the C.I.A. has faced criticism over the use of harsh techniques, one senior intelligence official said detainees had not been mistreated. They were given dental and vision care as well as the Koran, prayer rugs and clocks to schedule prayers, the official said. They were also given reading material, DVD’s and access to exercise equipment.

Administration officials said the timing of Mr. Bush’s decision to bring the terror suspects to trial was driven not by politics but by the need to respond to the Supreme Court’s decision and the fact that the suspects were no longer regarded as sources of valuable intelligence.

On Capitol Hill, some Republicans reacted warily. But even those who criticized the proposal said it was imperative for Congress to pass legislation setting up tribunals soon.

“I do not believe it is necessary to have a trial where the accused cannot see the evidence against them,” said Senator Lindsey Graham, Republican of South Carolina, a former military prosecutor who has played a central role in the debate. But Mr. Graham said he believed his differences with the White House “can be overcome.”

Mr. Bush’s speech was the third in a series he is delivering on the war on terror in the days before the fifth anniversary of the Sept. 11 attacks, and it carried potential political benefits for a White House that is intent on maintaining Republican control of Congress this November.

The address helped put a face on the enemy, reminding Americans that while Osama bin Laden — to whom Mr. Bush referred repeatedly in a speech on Tuesday — is still at large, many terrorists have been captured. Five years after the attacks, Mr. Bush gave the families of Sept. 11 victims something to cheer about, and those in the audience did, as he announced he wanted to put the suspects on trial.

By moving the high-profile suspects to Guantánamo just two months before the midterm elections, the administration is putting intense pressure on lawmakers to act before adjourning to campaign. If Democrats try to thwart legislation to try senior members of Al Qaeda, they will risk being labeled weak on national security, a label they can ill afford in an election that may turn on the question of which party is better suited to keep Americans safe.

“This is certainly a logical and very sound step both substantively and politically,” said David Rivkin, who served in the White House counsel’s office under the first President Bush and is sympathetic to this administration’s approach. “It’s reminding the country and the world of the folks we are fighting against. Nobody can say these are just pitiful foot soldiers; these are pretty senior guys.”

The C.I.A. program, though officially a secret, has been the subject of numerous news reports in recent months. By speaking publicly about it for the first time, Mr. Bush hopes to build support for it on Capitol Hill, and in the public.

The White House released biographies of the 14 suspects and details of the accusations against them. They include such well-known Qaeda operatives as Abu Zubaydah, who the administration said was trying to organize a terrorist attack in Israel at the time of his capture, and Ramzi bin al-Shibh, who the authorities say helped facilitate the Sept. 11 attacks.

Despite the new information, human rights organizations were critical of Mr. Bush’s announcement.

“It’s wonderful that at last the United States has acknowledged that these detention sites exist,” said Larry Cox, executive director of Amnesty International U.S.A. But Mr. Cox described the program as “a form of torture,” and said the United States should suspend it.

In his speech, Mr. Bush fiercely resisted that characterization. “I want to be absolutely clear with our people, and the world,” he said. “The United States does not torture. It’s against our laws, and it’s against our values. I have not authorized it — and I will not authorize it.”

A senior intelligence official said there had been fewer than 100 detainees in the C.I.A. program since its inception shortly after the Sept. 11 attacks. Beyond the 14, the remainder have either been turned over to the Defense Department as so-called unlawful enemy combatants, returned to their countries of origin or sent to nations that have legal proceedings against them.

The official described the C.I.A. detainees as the government’s “single largest source of insight into Al Qaeda,” saying they accounted for 50 percent of everything the authorities had learned about the terrorist network. But, he said, “Some of these people have been held for a considerable period of time, and their intelligence value has aged off.”

Mr. Bush said the C.I.A. would not relinquish its capability to detain and question terrorism suspects, and the senior intelligence official said the administration intended that the program would continue. But agency officials — who feared employees might be subject to lawsuits or criminal prosecution — welcomed the hand-off of the detainees and the prospect that the C.I.A.’s role would be limited in future cases.

“I am confident that this will be greeted with relief by agency employees,” said Jeffrey H. Smith, a former general counsel for the C.I.A. “Many of them were uncomfortable with their role as jailers.”

Military justice experts say that if Congress passes the legislation, trials of some terror suspects at Guantánamo could begin relatively quickly, in three to four months. But the trials of the 14 high-value suspects, who are held in a special high-security facility separate from other detainees, might not begin for at least a year, because the government would have to build its case .

One expert who has been critical of the administration’s plan, Eugene R. Fidell, predicted that the proposal would attract a lawsuit.

“Going the way they have done this is in fact quite unfair to the very families of 9/11 victims who President Bush had at his meeting today,” Mr. Fidell said, “because those people need closure and in fact what he’s done is guarantee further protracted delay because of the inevitable litigation.”

On Capitol Hill, Democrats were also critical. Representative Jane Harman of California, the senior Democrat on the House Intelligence Committee, said Mr. Bush should have disclosed the program years ago and called his speech “the opening salvo in the fall campaign.”

David Johnston and Mark Mazzetti contributed reporting for this article.

New York Times

Mark Mazzetti and William Glaberson

WASHINGTON — President Obama signed executive orders Thursday directing the Central Intelligence Agency to shut what remains of its network of secret prisons and ordering the closing of the Guantánamo detention camp within a year, government officials said.

The orders, which are the first steps in undoing detention policies of former President George W. Bush, rewrite American rules for the detention of terrorism suspects. They require an immediate review of the 245 detainees still held at the naval base in Guantánamo Bay, Cuba, to determine if they should be transferred, released or prosecuted.

And the orders bring to an end a Central Intelligence Agency program that kept terrorism suspects in secret custody for months or years, a practice that has brought fierce criticism from foreign governments and human rights activists. They will also prohibit the C.I.A. from using coercive interrogation methods, requiring the agency to follow the same rules used by the military in interrogating terrorism suspects, government officials said.

But the orders leave unresolved complex questions surrounding the closing of the Guantánamo prison, including whether, where and how many of the detainees are to be prosecuted. They could also allow Mr. Obama to reinstate the C.I.A.’s detention and interrogation operations in the future, by presidential order, as some have argued would be appropriate if Osama bin Laden or another top-level leader of Al Qaeda were captured.

The new White House counsel, Gregory B. Craig, briefed lawmakers about some elements of the orders on Wednesday evening. A Congressional official who attended the session said Mr. Craig acknowledged concerns from intelligence officials that new restrictions on C.I.A. methods might be unwise and indicated that the White House might be open to allowing the use of methods other than the 19 techniques allowed for the military.

Details of the directive involving the C.I.A. were described by government officials who insisted on anonymity so they could not be blamed for pre-empting a White House announcement. Copies of the draft order on Guantánamo were provided by people who have consulted with Mr. Obama’s transition team and requested anonymity for the same reason.

In remarks prepared for delivery at his confirmation hearings to become director of national intelligence in the Obama administration, Dennis C. Blair, a retired admiral with a long background in intelligence, endorsed the new approach and promised to enforce it rigorously. “It is not enough to set a standard and announce it,” he said.

“I believe strongly that torture is not moral, legal or effective,” he told the Senate Select Committee on Intelligence. “Any program of detention and interrogation must comply with the Geneva Conventions, the Conventions on Torture, and the Constitution. There must be clear standards for humane treatment that apply to all agencies of U.S. Government, including the Intelligence Community,” his written statement said.

As for closing Guantanamo, he said that would take time but must be done because it has become “a damaging symbol to the world.”

“It is a rallying cry for terrorist recruitment and harmful to our national security, so closing it is important for our national security,” Admiral Blair’s statement said.

“The guiding principles for closing the center should beprotecting our national security, respecting the Geneva Conventions and the rule of law, and respecting the existing institutions of justice in this country. I also believe we should revitalize efforts to transfer detainees to their countries of origin or other countries whenever that would be consistent with these principles. Closing this center and satisfying these principles will take time, and is the work of many departments and agencies.”

The executive order on interrogations is certain to be received with some skepticism at the C.I.A., which for years has maintained that the military’s interrogation rules are insufficient to get information from senior Qaeda figures like Khalid Sheikh Mohammed. The Bush administration asserted that the harsh interrogation methods were instrumental in gaining valuable intelligence on Qaeda operations.

The intelligence agency built a network of secret prisons in 2002 to house and interrogate senior Qaeda figures captured overseas. The exact number of suspects to have moved through the prisons is unknown, although Michael V. Hayden, the departing director of the agency, has in the past put the number at “fewer than 100.”

The secret detentions brought international condemnation, and in September 2006, President Bush ordered that the remaining 14 detainees in C.I.A. custody be transferred to Guantánamo Bay and tried by military tribunals.

But Mr. Bush made clear then that he was not shutting down the C.I.A. detention system, and in the last two years, two Qaeda operatives are believed to have been detained in agency prisons for several months each before being sent to Guantánamo.

A government official said Mr. Obama’s order on the C.I.A. would still allow its officers abroad to temporarily detain terrorism suspects and transfer them to other agencies, but would no longer allow the agency to carry out long-term detentions.

Since the early days after the 2001 attacks, the intelligence agency’s role in detaining terrorism suspects has been significantly scaled back, as has the severity of interrogation methods the agency is permitted to use. The most controversial practice, the simulated drowning technique known as water-boarding, was used on three suspects but has not been used since 2003, C.I.A. officials said.

But at the urging of the Bush administration, Congress in 2006 authorized the agency to continue using harsher interrogation methods than those permitted for use by other agencies, including the military. Those exact methods remain classified. The order on Guantánamo says that the camp, which received its first hooded and chained detainees seven years ago this month, “shall be closed as soon as practicable, and no later than one year from the date of this order.”

The order calls for a cabinet-level panel to grapple with issues including where in the United States prisoners might be moved and what courts they could be tried in. It also provides for a new diplomatic effort to transfer some of the remaining men, including more than 60 that the Bush administration had cleared for release.

The order also directs an immediate assessment of the prison itself to ensure that the men are held in conditions that meet the humanitarian requirements of the Geneva Convention. That provision appeared to be a pointed embrace of the international treaties that the Bush administration often argued did not apply to detainees captured in the war against terrorism.

The seven years of the detention camp have included four suicides, hunger strikes by scores of detainees, and accusations of extensive use of solitary confinement and abusive interrogations, which the Department of Defense has long denied. Last week a senior Pentagon official said she had concluded that interrogators at Guantánamo had tortured one detainee, who officials have said was a would-be “20th hijacker” in the attacks of Sept. 11, 2001.

The report of Thursday’s announcement came after the new administration late Tuesday night ordered an immediate halt to the military commission proceedings for prosecuting detainees at Guantánamo and filed a request in Federal District Court in Washington to stay habeas corpus proceedings there. Government lawyers described both delays as necessary for the administration to make a broad assessment of detention policy.

The cases immediately affected include those of five detainees charged as the coordinators of the 2001 attacks, including the case against Mr. Mohammed, the self-described mastermind.

The decision to stop the commissions was described by the military prosecutors as a pause in the war-crimes system “to permit the newly inaugurated president and his administration time to review the military commission process generally and the cases currently pending before the military commissions, specifically.”

More than 200 detainees’ habeas corpus cases have been filed in federal court, and lawyers said they expected that all of the cases would be stayed.

Mr. Obama had suggested in the campaign that, in place of military commissions, he would prefer prosecutions in federal courts or, perhaps, in the existing military justice system, which provides legal guarantees similar to those of American civilian courts.

Some human rights groups and lawyers for detainees said they were concerned about the one-year timetable. “It only took days to put these men in Guantánamo; it shouldn’t take a year to get them out,” said Vincent Warren, the executive director of the Center for Constitutional Rights in New York, which has coordinated detainees’ lawyers.

But several groups that had criticized the Bush administration’s policies applauded the rapid moves by the new administration. Mr. Obama’s actions “reaffirmed American values and are a ray of light after eight long, dark years,” said Anthony D. Romero, executive director of the American Civil Liberties Union.

Mark Mazzetti reported from Washington, and William Glaberson from New York. Carl Hulse contributed reporting from Washington.

George W. Bush 

transcribed speech

Fort Bragg 

Thank you. Please be seated. Good evening. I’m pleased to visit Fort Bragg, “Home of the Airborne and Special Operations Forces.” It’s an honor to speak before you tonight.

My greatest responsibility as President is to protect the American people. And that’s your calling, as well. I thank you for your service, your courage, and your sacrifice. I thank your families, who support you in your vital work. The soldiers and families of Fort Bragg have contributed mightily to our efforts to secure our country and promote peace. America is grateful, and so is your Commander-in-Chief.

The troops here and across the world are fighting a global war on terror. The war reached our shores on September the 11th, 2001. The terrorists who attacked us — and the terrorists we face — murder in the name of a totalitarian ideology that hates freedom, rejects tolerance, and despises all dissent. Their aim is to remake the Middle East in their own grim image of tyranny and oppression — by toppling governments, by driving us out of the region, and by exporting terror.

To achieve these aims, they have continued to kill — in Madrid, Istanbul, Jakarta, Casablanca, Riyadh, Bali, and elsewhere. The terrorists believe that free societies are essentially corrupt and decadent, and with a few hard blows they can force us to retreat. They are mistaken. After September the 11th, I made a commitment to the American people: This nation will not wait to be attacked again. We will defend our freedom. We will take the fight to the enemy.

Iraq is the latest battlefield in this war. Many terrorists who kill innocent men, women, and children on the streets of Baghdad are followers of the same murderous ideology that took the lives of our citizens in New York, in Washington, and Pennsylvania. There is only one course of action against them: to defeat them abroad before they attack us at home. The commander in charge of coalition operations in Iraq — who is also senior commander at this base — General John Vines, put it well the other day. He said: “We either deal with terrorism and this extremism abroad, or we deal with it when it comes to us.”

Our mission in Iraq is clear. We’re hunting down the terrorists. We’re helping Iraqis build a free nation that is an ally in the war on terror. We’re advancing freedom in the broader Middle East. We are removing a source of violence and instability, and laying the foundation of peace for our children and our grandchildren.

The work in Iraq is difficult and it is dangerous. Like most Americans, I see the images of violence and bloodshed. Every picture is horrifying, and the suffering is real. Amid all this violence, I know Americans ask the question: Is the sacrifice worth it? It is worth it, and it is vital to the future security of our country. And tonight, I will explain the reasons why.

Some of the violence you see in Iraq is being carried out by ruthless killers who are converging on Iraq to fight the advance of peace and freedom. Our military reports that we have killed or captured hundreds of foreign fighters in Iraq who’ve come from Saudi Arabia and Syria, Iran, Egypt, Sudan, Yemen, Libya and others. They are making common cause with criminal elements, Iraqi insurgents, and remnants of Saddam Hussein’s regime who want to restore the old order. They fight because they know that the survival of their hateful ideology is at stake. They know that as freedom takes root in Iraq, it will inspire millions across the Middle East to claim their liberty, as well. And when the Middle East grows in democracy and prosperity and hope, the terrorists will lose their sponsors, lose their recruits, and lose their hopes for turning that region into a base for attacks on America and our allies around the world.

Some wonder whether Iraq is a central front in the war on terror. Among the terrorists, there is no debate. Hear the words of Osama Bin Laden: “This Third World War is raging” in Iraq.¹ “The whole world is watching this war.” He says it will end in “victory and glory, or misery and humiliation.” The terrorists know that the outcome will leave them emboldened, or defeated. So they are waging a campaign of murder and destruction. And there is no limit to the innocent lives they are willing to take.

We see the nature of the enemy in terrorists who exploded car bombs along a busy shopping street in Baghdad, including one outside a mosque. We see the nature of the enemy in terrorists who sent a suicide bomber to a teaching hospital in Mosul. We see the nature of the enemy in terrorists who behead civilian hostages and broadcast their atrocities for the world to see.

These are savage acts of violence, but they have not brought the terrorists any closer to achieving their strategic objectives. The terrorists — both foreign and Iraqi — failed to stop the transfer of sovereignty. They failed to break our Coalition and force a mass withdrawal by our allies. They failed to incite an Iraqi civil war. They failed to prevent free elections. They failed to stop the formation of a democratic Iraqi government that represents all of Iraq’s diverse population. And they failed to stop Iraqis from signing up in large number with the police forces and the army to defend their new democracy.

The lesson of this experience is clear: The terrorists can kill the innocent, but they cannot stop the advance of freedom. The only way our enemies can succeed is if we forget the lessons of September the 11th, if we abandon the Iraqi people to men like Zarqawi, and if we yield the future of the Middle East to men like Bin Laden. For the sake of our nation’s security, this will not happen on my watch.

A little over a year ago, I spoke to the nation and described our coalition’s goals in Iraq. I said that America’s mission in Iraq is to defeat an enemy and give strength to a friend — a free, representative government that is an ally in the war on terror, and a beacon of hope in a part of the world that is desperate for reform. I outlined the steps we would take to achieve this goal: We would hand authority over to a sovereign Iraqi government. We would help Iraqis hold free elections by January 2005. We would continue helping Iraqis rebuild their nation’s infrastructure and economy. We would encourage more international support for Iraq’s democratic transition, and we would enable Iraqis to take increasing responsibility for their own security and stability.

In the past year, we have made significant progress. One year ago today, we restored sovereignty to the Iraqi people. In January 2005, more than 8 million Iraqi men and women voted in elections that were free and fair, and took time on — and took place on time. We continued our efforts to help them rebuild their country. Rebuilding a country after three decades of tyranny is hard, and rebuilding while at war is even harder. Our progress has been uneven, but progress is being made.

We’re improving roads and schools and health clinics. We’re working to improve basic services like sanitation, electricity, and water. And together with our allies, we’ll help the new Iraqi government deliver a better life for its citizens.

In the past year, the international community has stepped forward with vital assistance. Some 30 nations have troops in Iraq, and many others are contributing non-military assistance. The United Nations is in Iraq to help Iraqis write a constitution and conduct their next elections. Thus far, some 40 countries and three international organizations have pledged about 34 billion dollars in assistance for Iraqi reconstruction. More than 80 countries and international organizations recently came together in Brussels to coordinate their efforts to help Iraqis provide for their security and rebuild their country. And next month, donor countries will meet in Jordan to support Iraqi reconstruction.

Whatever our differences in the past, the world understands that success in Iraq is critical to the security of our nations. As German Chancellor Gerhard Schroeder said at the White House yesterday, “There can be no question a stable and democratic Iraq is in the vested interest of not just Germany, but also Europe.” Finally, we have continued our efforts to equip and train Iraqi security forces. We made gains in both the number and quality of those forces. Today Iraq has more than 160,000 security forces trained and equipped for a variety of missions. Iraqi forces have fought bravely, helping to capture terrorists and insurgents in Najaf and Samarra, Fallujah and Mosul. And in the past month, Iraqi forces have led a major anti-terrorist campaign in Baghdad called Operation Lightning, which has led to the capture of hundreds of suspected insurgents. Like free people everywhere, Iraqis want to be defended by their own countrymen, and we are helping Iraqis assume those duties.

The progress in the past year has been significant, and we have a clear path forward. To complete the mission, we will continue to hunt down the terrorists and insurgents. To complete the mission, we will prevent al Qaeda and other foreign terrorists from turning Iraq into what Afghanistan was under the Taliban, a safe haven from which they could launch attacks on America and our friends. And the best way to complete the mission is to help Iraqis build a free nation that can govern itself, sustain itself, and defend itself.

So our strategy going forward has both a military track and a political track. The principal task of our military is to find and defeat the terrorists, and that is why we are on the offense. And as we pursue the terrorists, our military is helping to train Iraqi security forces so that they can defend their people and fight the enemy on their own. Our strategy can be summed up this way: As the Iraqis stand up, we will stand down.

We’ve made progress, but we have a lot of — a lot more work to do. Today Iraqi security forces are at different levels of readiness. Some are capable of taking on the terrorists and insurgents by themselves. A large number can plan and execute anti-terrorist operations with coalition support. The rest are forming and not yet ready to participate fully in security operations. Our task is to make the Iraqi units fully capable and independent. We’re building up Iraqi security forces as quickly as possible, so they can assume the lead in defeating the terrorists and insurgents.

Our coalition is devoting considerable resources and manpower to this critical task. Thousands of coalition troops are involved in the training and equipping of Iraqi security forces. NATO is establishing a military academy near Baghdad to train the next generation of Iraqi military leaders, and 17 nations are contributing troops to the NATO training mission. Iraqi army and police are being trained by personnel from Italy, Germany, Ukraine, Turkey, Poland, Romania, Australia, and the United Kingdom. Today, dozens of nations are working toward a common objective: an Iraq that can defend itself, defeat its enemies, and secure its freedom.

To further prepare Iraqi forces to fight the enemy on their own, we are taking three new steps: First, we are partnering coalition units with Iraqi units. These coalition-Iraqi teams are conducting operations together in the field. These combined operations are giving Iraqis a chance to experience how the most professional armed forces in the world operate in combat.

Second, we are embedding coalition “transition teams” inside Iraqi units. These teams are made up of coalition officers and non-commissioned officers who live, work, and fight together with their Iraqi comrades. Under U.S. command, they are providing battlefield advice and assistance to Iraqi forces during combat operations. Between battles, they are assisting the Iraqis with important skills, such as urban combat, and intelligence, surveillance and reconnaissance techniques.

Third, we’re working with the Iraqi Ministries of Interior and Defense to improve their capabilities to coordinate anti-terrorist operations. We’re helping them develop command and control structures. We’re also providing them with civilian and military leadership training, so Iraq’s new leaders can effectively manage their forces in the fight against terror.

The new Iraqi security forces are proving their courage every day. More than 2,000 members of Iraqi security forces have given their lives in the line of duty. Thousands more have stepped forward, and are now training to serve their nation. With each engagement, Iraqi soldiers grow more battle-hardened, and their officers grow more experienced. We’ve learned that Iraqis are courageous and that they need additional skills. And that is why a major part of our mission is to train them so they can do the fighting, and then our troops can come home.

I recognize that Americans want our troops to come home as quickly as possible. So do I. Some contend that we should set a deadline for withdrawing U.S. forces. Let me explain why that would be a serious mistake. Setting an artificial timetable would send the wrong message to the Iraqis, who need to know that America will not leave before the job is done. It would send the wrong message to our troops, who need to know that we are serious about completing the mission they are risking their lives to achieve. And it would send the wrong message to the enemy, who would know that all they have to do is to wait us out. We will stay in Iraq as long as we are needed, and not a day longer.

Some Americans ask me, if completing the mission is so important, why don’t you send more troops? If our commanders on the ground say we need more troops, I will send them. But our commanders tell me they have the number of troops they need to do their job. Sending more Americans would undermine our strategy of encouraging Iraqis to take the lead in this fight. And sending more Americans would suggest that we intend to stay forever, when we are, in fact, working for the day when Iraq can defend itself and we can leave. As we determine the right force level, our troops can know that I will continue to be guided by the advice that matters: the sober judgment of our military leaders.

The other critical element of our strategy is to help ensure that the hopes Iraqis expressed at the polls in January are translated into a secure democracy. The Iraqi people are emerging from decades of tyranny and oppression. Under the regime of Saddam Hussein, the Shia and Kurds were brutally oppressed, and the vast majority of Sunni Arabs were also denied their basic rights, while senior regime officials enjoyed the privileges of unchecked power. The challenge facing Iraqis today is to put this past behind them, and come together to build a new Iraq that includes all of its people.

They’re doing that by building the institutions of a free society, a society based on freedom of speech, freedom of assembly, freedom of religion, and equal justice under law. The Iraqis have held free elections and established a Transitional National Assembly. The next step is to write a good constitution that enshrines these freedoms in permanent law. The Assembly plans to expand its constitutional drafting committee to include more Sunni Arabs. Many Sunnis who opposed the January elections are now taking part in the democratic process, and that is essential to Iraq’s future.

After a constitution is written, the Iraqi people will have a chance to vote on it. If approved, Iraqis will go to the polls again, to elect a new government under their new, permanent constitution. By taking these critical steps and meeting their deadlines, Iraqis will bind their multiethnic society together in a democracy that respects the will of the majority and protects minority rights.

As Iraqis grow confident that the democratic progress they are making is real and permanent, more will join the political process. And as Iraqis see that their military can protect them, more will step forward with vital intelligence to help defeat the enemies of a free Iraq. The combination of political and military reform will lay a solid foundation for a free and stable Iraq.

As Iraqis make progress toward a free society, the effects are being felt beyond Iraq’s borders. Before our coalition liberated Iraq, Libya was secretly pursuing nuclear weapons. Today the leader of Libya has given up his chemical and nuclear weapons programs. Across the broader Middle East, people are claiming their freedom. In the last few months, we’ve witnessed elections in the Palestinian Territories and Lebanon. These elections are inspiring democratic reformers in places like Egypt and Saudi Arabia. Our strategy to defend ourselves and spread freedom is working. The rise of freedom in this vital region will eliminate the conditions that feed radicalism and ideologies of murder, and make our nation safer.

We have more work to do, and there will be tough moments that test America’s resolve. We’re fighting against men with blind hatred — and armed with lethal weapons — who are capable of any atrocity. They wear no uniform; they respect no laws of warfare or morality. They take innocent lives to create chaos for the cameras. They are trying to shake our will in Iraq, just as they tried to shake our will on September the 11th, 2001. They will fail. The terrorists do not understand America. The American people do not falter under threat, and we will not allow our future to be determined by car bombers and assassins.

America and our friends are in a conflict that demands much of us. It demands the courage of our fighting men and women; it demands the steadfastness of our allies; and it demands the perseverance of our citizens. We accept these burdens, because we know what is at stake. We fight today because Iraq now carries the hope of freedom in a vital region of the world, and the rise of democracy will be the ultimate triumph over radicalism and terror. And we fight today because terrorists want to attack our country and kill our citizens, and Iraq is where they are making their stand. So we’ll fight them there; we’ll fight them across the world, and we will stay in the fight until the fight is won.

America has done difficult work before. From our desperate fight for independence to the darkest days of a Civil War, to the hard-fought battles against tyranny in the 20th century, there were many chances to lose our heart, our nerve, or our way. But Americans have always held firm, because we have always believed in certain truths. We know that if evil is not confronted, it gains in strength and audacity, and returns to strike us again. We know that when the work is hard, the proper response is not retreat; it is courage. And we know that this great ideal of human freedom entrusted to us in a special way, and that the ideal of liberty is worth defending.

In this time of testing, our troops can know: The American people are behind you. Next week, our nation has an opportunity to make sure that support is felt by every soldier, sailor, airman, Coast Guardsman, and Marine at every outpost across the world. This 4th of July, I ask you to find a way to thank the men and women defending our freedom — by flying the flag, sending a letter to our troops in the field, or helping the military family down the street. The Department of Defense has set up a website — AmericaSupportsYou.mil. You can go there to learn about private efforts in your own community. At this time when we celebrate our freedom, let us stand with the men and women who defend us all.

To the soldiers in this hall, and our servicemen and women across the globe: I thank you for your courage under fire and your service to our nation. I thank our military families — the burden of war falls especially hard on you. In this war, we have lost good men and women who left our shores to defend freedom and did not live to make the journey home. I’ve met with families grieving the loss of loved ones who were taken from us too soon. I’ve been inspired by their strength in the face of such great loss. We pray for the families. And the best way to honor the lives that have been given in this struggle is to complete the mission.

I thank those of you who have re-enlisted in an hour when your country needs you. And to those watching tonight who are considering a military career, there is no higher calling than service in our Armed Forces. We live in freedom because every generation has produced patriots willing to serve a cause greater than themselves. Those who serve today are taking their rightful place among the greatest generations that have worn our nation’s uniform. When the history of this period is written, the liberation of Afghanistan and the liberation of Iraq will be remembered as great turning points in the story of freedom.

After September the 11th, 2001, I told the American people that the road ahead would be difficult, and that we would prevail. Well, it has been difficult — and we are prevailing. Our enemies are brutal, but they are no match for the United States of America, and they are no match for the men and women of the United States military.

May God bless you all.

Hürriyet (Newspaper)

Yusuf Kanlı

While still serving in office, when he was presented with a complaint that some security personnel engaged in the fight against the separatist Kurdistan Workers’ Party, or PKK, terrorism were subjecting people to summary execution, the most senior politician of the country, former President Süleyman Demirel was reported to have said, “The state cannot murder its citizens.” The parliamentary Human Rights Commission of the time reportedly did not take such reports seriously either, saying the claims were products of some foul imagination.

With a pragmatic and rather ignorant approach it could be argued that if there is a secessionist terrorist campaign continuing since 1984 and the security forces have been trying to battle that threat to national security, territorial and national integrity of the country, because of the continued impact of the continued difficult conditions and atmosphere of confrontation on the psychology of the security forces there might be some elements both in police anti-terror task force and in the military to get involved in some summary executions, which is outlawed in the country.

That will be, of course, a rather simplistic approach incompatible at all with either the notion of supremacy of law, sacredness of life or the principle that the most fundamental one of individual rights is the right of living.

Yet, revelations by “informants,” the accuracy of which cannot be verified so far, continue stressing that some civilians, as well some village guards suspected of abetting, supporting, providing information to the separatist gang or engaged in some illicit trade, such as drug trafficking, were “executed” by security personnel. There are claims that bodies of some of the victims of such summary executions were thrown in wells, or are buried secretly at locations far away from view.

A bad record

It is a fact also that as part of policy at the time, villagers were uprooted from their homes, forced to migrate and hundreds of villages were burnt. It is a fact that not only at the Diyarbakır Prison where inmates were forced to eat human excrement, villagers were forced to eat excrement in village squares in full view of other villagers. It is a fact that many people were “convinced” under torture to testify and claim responsibility for many crimes that they did not hear about until the start of their interrogation. It is a fact that this country has lost over 40,000 people in PKK related violence, most of them civilians. It is a fact that over the past almost three decades of PKK related violence, over 17,000 people were declared missing and presumed dead. It is a fact that there are cemeteries in many areas in southeastern Anatolian provinces for victims of terrorism or terrorists whose bodies were not claimed by the families or simply whose identities could not be established. The state cannot murder, but it is a fact that once there was a prime minister, a blonde lady, who was saying “to kill for the state and being killed for the state are equally sacred for us.” That is, there were people who were killing people assuming that they were killing for the state or for the defense of the state.

Crime is crime

Irrespective by who, in what outfit, where, how and in what psychological condition such crimes were committed, there can be no excuse. A crime is a crime, no one should try to ignore or present such crimes as certain acts that might be overseen because of “conditions” or some other pretext. All such claims have to be taken very seriously, investigated and whoever was responsible for them should be brought to justice. This is a duty for the state, the government, security forces and of course the Turkish judiciary.

Such investigations should not be mixed up with politically tainted probes such as Ergenekon, prejudices should be avoided and the utmost care should be attached to verification of the claims backed by hard evidence, as it would not be a surprise for anyone to eventually figure out that at least some of the claims might be baseless and aimed at nothing more than to harm the image of the state and the security forces.

It was shocking for me to read this week the latest “Wells of Death” book by eminent journalist Saygı Öztürk on the Şemdinli events. Öztürk skillfully documented how the gang staged some heinous acts and then successfully placed the blame on the security forces. Such investigations have to be continued with that awareness and should go deep and draw out what indeed might have happened. That is, such investigations should not be allowed to become propaganda tools of the separatist gang or their domestic and foreign political agents.

1513

Niccolo Machiavelli

[...] 

our country, left almost without life, still waits to know who it is that is to heal her bruises, to put an end to the devastation and plunder …

[...] 

We see how she prays God to send some one to rescue her from these barbarous cruelties and oppressions. We see too how ready and eager she is to follow any standard were there only some one to raise it. But at present we see no one except in your illustrious House (pre-eminent by its virtues and good fortune, and favoured by God and by the Church whose headship it now holds), who could undertake the part of a deliverer. 

[...]

For their undertakings were not more just than this, nor more easy, nor was God more their friend than yours. The justice of the cause is conspicuous; for that war is just which is necessary, and those arms are sacred from which we derive our only hope. Everywhere there is the strongest disposition to engage in this cause; and where the disposition is strong the difficulty cannot be great … 

[...]

For those who are skillful in arms will not obey and every one thinks himself skillful, since hitherto we have had none among us so raised by merit or by fortune above his fellows that they should yield him the palm. 

[...]

Brief will be the strife
When valour arms against barbaric rage;
For the bold spirit of the bygone age
Still warms [...] hearts with life.

1513

Niccolo Machiavelli

It now only remains for me to treat of Ecclesiastical Princedoms, all the difficulties in respect of which precede their acquisition. For they are acquired by merit or good fortune, but are maintained without either; being upheld by the venerable ordinances of Religion, which are all of such a nature and efficacy that they secure the authority of their Princes in whatever way they may act or live. These Princes alone have territories which they do not defend, and subjects whom they do not govern; yet their territories are not taken from them through not being defended, nor are their subjects concerned at not being governed, or led to think of throwing off their allegiance; nor is it in their power to do so. Accordingly those Princedoms alone are secure and happy.

Chapter X

Niccolo Machiavelli

[...]

whether the Prince is strong enough, if occasion demands, to stand alone, or whether he needs continual help from others. To make the matter clearer, I pronounce those to be able to stand alone who, with the men and money at their disposal, can get together an army fit to take the field against any assailant; and, conversely, I judge those to be in constant need of help who cannot take the field against their enemies, but are obliged to retire behind their walls, and to defend themselves there. Of the former I have already spoken, and shall speak again as occasion may require. As to the latter there is nothing to be said, except to exhort such Princes to strengthen and fortify the towns in which they dwell, and take no heed of the country outside. For whoever has thoroughly fortified his town, and put himself on such a footing with his subjects as I have already indicated and shall hereafter speak of, will always be attacked with much circumspection; for men are always averse to enterprises that are attended with much circumspection; for men are always averse to enterprises that are attended with difficulty, and it is impossible not to foresee difficulties in attacking a Prince whose town is strongly fortified and who is not hated by his subjects. 

[...]

A Prince, therefore, who has a strong city, and who does not make himself hated, can not be attacked, or should he be so, his assailant will come badly off.

[...] 

Wherefore, if the whole matter be well considered, it ought not to e difficult for a prudent Prince, both at the outset and afterwards, to maintain the spirits of his subjects during a siege; provided always that victuals and the other means of defense do not run short.

1513

Niccolo Machiavelli

[...] 

The ways I speak of are, first, when the ascent to power is made by paths of wickedness and crime; and second, when a private person becomes ruler of his country by the favour of his fellow-citizens. 

[...]

Once established in that post, he resolved to make himself Prince, and to hold by violence and without obligation to others the authority which had been spontaneously entrusted to him.