categorically to
Commenting on the unauthorized bombing of civilian villages in Afghanistan, former secretary of state Colin Powell said on German TV, “We spent a huge amount of money and we are putting our young men and women on the line, every day, to put in place a form of government that was decided upon by the Afghan people. And we are helping them to rebuild and reconstruct their society. That pattern is the American pattern. We’re very proud of it. It’s been repeated many times over, and it will be repeated again in Iraq.”36
As Arendt suggests, it is precisely when such absurdities and flights from reality replace clear thinking that evil enters the picture. What follows are but three illustrations of the consequences of the failure of our political and military leadership to think: the systematic killing of unarmed civilians in Afghanistan and Iraq; the creation of a global network of both known and secret prisons around the world in which our troops or intelligence agents routinely torture the inmates; and the way the military’s attitudes at the time of its 2003 assault on Baghdad led to the destruction and desecration of some of the world’s oldest known human artifacts.
During World War II in East Asia, the Imperial Japanese Army contrived one of the worst euphemisms ever used to mask criminal acts— namely, “comfort women”
“Broadly defined,” says a U.S. Air Force training manual, “collateral damage is unintentional damage or incidental damage affecting facilities, equipment, or personnel occurring as a result of military actions directed against targeted enemy forces or facilities. Such damage can occur to friendly, neutral, and even enemy forces.”38 This military euphemism has been substituted for plainspoken words that might induce guilt in airmen when they bomb and strafe defenseless communities or in soldiers when they kick down doors of private homes, rush in pointing assault rifles at women and children, and sometimes rob residents under cover of searching for enemies or contraband. The military also certainly hoped that its adoption of such a neutral, inoffensive expression for ones that might offend or suggest unpleasantness would strengthen the resolve of its soldiers and perhaps prevent them from being held accountable for war crimes.
“Collateral damage” is nowhere recognized, or even mentioned, in humanitarian international law. In fact, intentional attacks of any sort on civilians are prohibited under “Common Article 3,” which applies to all four Geneva Conventions. The United States has signed and ratified the Geneva Conventions (although it never ratified two supplemental protocols of 1977 that spelled out the international rules of war in greater detail). Common Article 3 prohibits “at any time and in any place whatsoever” violence, including murder, mutilation, cruel treatment, torture, and outrages to human dignity against protected persons—that is, “persons taking no active part in hostilities,” such as civilians, the wounded, and prisoners of war. “Such persons are, in all circumstances, entitled to respect for their honor and religion, and must be protected against insults and public curiosity. No physical or moral coercion shall be exercised to obtain information from them or third parties. Reprisals against protected persons and their property are prohibited.”39
Among the gravest contemporary instances of “collateral damage” were the sanctions enforced against Iraq between 1991 and 2003 and the slaughter of Afghan and Iraqi civilians in the wars waged by the United States after 9/11. On May 11, 1996, the CBS television program
During the Gulf War of 1991, the United States drove Iraq from Kuwait but stopped short of invading Iraq itself. Nonetheless, President George H. W. Bush and his national security adviser, General Brent Scow-croft, were determined to do everything in their power to make postwar Iraq ungovernable, to stimulate revolt within the country, and to force Saddam Hussein from office. During the war itself, the United States dropped some ninety thousand tons of bombs on Iraq in the space of forty-three days, intentionally destroying the civilian infrastructure, including eighteen of twenty electricity-generating plants and the water-pumping and sanitation systems.41 Dr. Thomas Nagy, a professor at George Washington University, analyzed a large number of declassified Defense Intelligence Agency documents on the bombing and concluded that American officials were well aware that the purposeful destruction of Iraq’s civilian water sanitation systems would cause increased outbreaks of disease and high rates of child mortality.42 The primary document, “Iraq Water Treatment Vulnerabilities,” dated January 22, 1991, argues that Iraq’s rivers “contain biological materials, pollutants, and are laden with bacteria. Unless the water is purified with chlorine, epidemics of such diseases as cholera, hepatitis, and typhoid could occur.” Later documents state that the sanctions imposed after the war explicitly embargoed the importation of chlorine in order to prevent the purification of drinking water.
A
The bombing itself violated international humanitarian law and made the United States liable to charges of war crimes. Article 54 (2) of the “Protocol Additional to the Geneva Conventions of August 12, 1949, relating to the Protection of Victims of International Armed Conflicts (Protocol 1), June 8, 1977,” explicitly states, “It is prohibited to attack, destroy, remove, or render useless objects indispensable to the survival of the civilian population, such as