No Comment — May 5, 2009, 9:35 am

Lessons Not Learned

In a function sponsored by the New York City Bar Association last night, former Irish president Mary Robinson described a study that she and seven colleagues—prominent jurists from around the world—had completed, looking into the consequences of the effort against terrorism for human rights and the administration of justice. “The damage that has been done to human rights is severe,” she remarked, “and the most distressing thing is that the process was led by liberal democracies, particularly by the United States.” With the arrival of a new administration in Washington, Robinson argued, the time is here for an assessment of the “war on terror” experience. Is the “war on terror” over? It seems at this point that the legal concept, used by the Bush Administration to test and exceed the limits on presidential power, is being put into retirement. But its effects are likely to be with us for many years to come.

Yet the study Robinson led, with former South African Chief Justice Arthur Chaskalson, was not a study of the United States. It looked at developments in Europe, South Asia, Africa, and Latin America. “In fact we started by looking back to the experience of the democracies of the southern cone of South America—Argentina, Chile and Uruguay—in their own struggle with terrorist movements in the seventies and early eighties,” noted Professor Robert Goldman of American University. These countries faced what they considered to be an existential threat from the terrorists, and they reacted in ways that now seem familiar. They chose to deal with the conflict as a military one, concluding that the criminal law paradigm was not sufficiently aggressive. But they did not consider the military law rules to be applicable either—the battle with the terrorists was a “new kind of conflict.” Torture was used in connection with harsh interrogations, the civil rights of the criminally accused were stripped away, and special courts were introduced in which “classified” intelligence—not shared with the accused and therefore not subject to examination—was used to convict thousands, including many perfectly innocent defendants. A “state of exception” was declared as constitutional, and civil rights were rolled back. Military tribunals were also introduced to speed the process. As criticisms multiplied, military strong men in mirrored sunglasses had a ready retort: “These methods worked,” they argued, “they kept the country safe from the terrorists.”

Sound familiar? In fact, the experience of the southern cone democracies prefigured the Bush Administration’s reaction to its own terrorist threat with remarkable precision. And more than twenty years later, the consensus among leaders of the political and legal communities under the Southern Cross is that the harsh measures were not only unjust but also ineffective. The countries involved have spent a generation recovering from the devastating experience. And how did they recover? Accountability was an essential element. Those who broke the law, especially those who reached to torture and murder as tools of statecraft, had to be held to account for their crimes. “Clemency might prove appropriate in some small number of cases,” concludes Goldman, “but only after all the facts have been fully exposed.”

Inside the Washington Beltway today, however, the chattering classes don’t want to be bothered by the cumulative experiences of humankind. Hence, Ann Coulter is asked her opinions about accountability and torture on the American airwaves, and Mary Robinson is not. More lessons not learned.

Share
Single Page

More from Scott Horton:

Conversation August 5, 2016, 12:08 pm

Lincoln’s Party

Sidney Blumenthal on the origins of the Republican Party, the fallout from Clinton’s emails, and his new biography of Abraham Lincoln

Conversation March 30, 2016, 3:44 pm

Burn Pits

Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.

Context, No Comment August 28, 2015, 12:16 pm

Beltway Secrecy

In five easy lessons

Get access to 165 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

September 2016

Land of Sod

= Subscribers only.
Sign in here.
Subscribe here.

Only an Apocalypse Can Save Us Now

= Subscribers only.
Sign in here.
Subscribe here.

The Watchmen

= Subscribers only.
Sign in here.
Subscribe here.

Acceptable Losses

= Subscribers only.
Sign in here.
Subscribe here.

Home

= Subscribers only.
Sign in here.
Subscribe here.

Tennis Lessons

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Post
 
Andrew Cockburn on the Saudi slaughter in Yemen, Alan Jacobs on the disappearance of Christian intellectuals, a forum on a post-Obama foreign policy, a story by Alice McDermott, and more
Artwork by Ingo Günther
Article
Land of Sod·

= Subscribers only.
Sign in here.
Subscribe here.

Nobody in academia had ever witnessed or even heard of a performance like this before. In just a few years, in the early 1950s, a University of Pennsylvania graduate student — a student, in his twenties — had taken over an entire field of study, linguistics, and stood it on its head and hardened it from a spongy so-called “social science” into a real science, a hard science, and put his name on it: Noam Chomsky.

At the time, Chomsky was still finishing his doctoral dissertation for Penn, where he had completed his graduate-school course work. But at bedtime and in his heart of hearts he was living in Boston as a junior member of Harvard’s Society of Fellows, and creating a Harvard-level name for himself.

Photograph by Mike Slack
Article
The Watchmen·

= Subscribers only.
Sign in here.
Subscribe here.

Nobody in academia had ever witnessed or even heard of a performance like this before. In just a few years, in the early 1950s, a University of Pennsylvania graduate student — a student, in his twenties — had taken over an entire field of study, linguistics, and stood it on its head and hardened it from a spongy so-called “social science” into a real science, a hard science, and put his name on it: Noam Chomsky.

At the time, Chomsky was still finishing his doctoral dissertation for Penn, where he had completed his graduate-school course work. But at bedtime and in his heart of hearts he was living in Boston as a junior member of Harvard’s Society of Fellows, and creating a Harvard-level name for himself.

Illustration by John Ritter
Article
The Origins of Speech·

= Subscribers only.
Sign in here.
Subscribe here.

"To Chomsky...every child’s language organ could use the 'deep structure,' 'universal grammar,' and 'language acquisition device' he was born with to express what he had to say, no matter whether it came out of his mouth in English or Urdu or Nagamese."
Illustration (detail) by Darrel Rees. Source photograph © Miroslav Dakov/Alamy Live News
Article
Acceptable Losses·

= Subscribers only.
Sign in here.
Subscribe here.

Nobody in academia had ever witnessed or even heard of a performance like this before. In just a few years, in the early 1950s, a University of Pennsylvania graduate student — a student, in his twenties — had taken over an entire field of study, linguistics, and stood it on its head and hardened it from a spongy so-called “social science” into a real science, a hard science, and put his name on it: Noam Chomsky.

At the time, Chomsky was still finishing his doctoral dissertation for Penn, where he had completed his graduate-school course work. But at bedtime and in his heart of hearts he was living in Boston as a junior member of Harvard’s Society of Fellows, and creating a Harvard-level name for himself.

Photograph by Alex Potter

Chances that college students select as “most desirable‚” the same face chosen by the chickens:

49 in 50

Most of the United States’ 36,000 yearly bunk-bed injuries involve male victims.

In Italy, a legislator called for parents who feed their children vegan diets to be sentenced to up to six years in prison, and in Sweden, a woman attempted to vindicate her theft of six pairs of underwear by claiming she had severe diarrhea.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Mississippi Drift

By

Matt was happy enough to sustain himself on the detritus of a world he saw as careening toward self-destruction, and equally happy to scam a government he despised. 'I’m glad everyone’s so wasteful,' he told me. 'It supports my lifestyle.'

Subscribe Today