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Fri, 27 Dec 2002

Overspill from the Clanceyverse

According to the LA Times, US Secretary of Defense Donald Rumsfeld is pushing the Defense Department to build up a secret army for black operations overseas -- directed against terrorist targets and any country designated as a "rogue state" by the White House.

Known as the Intelligence Support Activity, or ISA, when it was established in 1981, this unit fought in drug wars and counter-terror operations from the Middle East to South America. It built a reputation for daring, flexibility and a degree of lawlessness.

In May 1982, Deputy Secretary of Defense Frank Carlucci called the ISA "uncoordinated and uncontrolled." Though its freelance tendencies were curbed, the ISA continued to operate under different guises through the ill-starred U.S. involvement in Somalia in 1992 and was reportedly active in the hunt for Bosnian Serbs suspected of war crimes.

Today, the ISA operates under the code name Gray Fox. In addition to covert operations, it provides the war on terrorism with the kind of so-called "close-in" signals monitoring -- including the interception of cell phone conversations -- that helped bring down Colombian drug lord Pablo Escobar.

Gray Fox's low-profile eavesdropping planes also fly without military markings. Working closely with Special Forces and the CIA, Gray Fox also places operatives inside hostile territory.

Hostile territory?

Here's the rub: when North Korea or Iran do this sort of thing, it's called State Terrorism. It's illegal as hell within the (admittedly Hobbesian) terms of international law, in which state sovereignty is held inviolable and military actions against a nation may be deemed grounds for a declaration of war. Because it's illegal, it tends to be carried out quietly and without oversight. Because there's no oversight there's limited regard for legal niceties. It is, in short, a recipe for potential war crimes. not to mention straightforward criminal acts ordered by those in authority and carried out by military personnel. The action against Pablo Escobar would have been grossly illegal if carried out within US jurisdiction -- a violation of the law of posse comitatus. US courts seem to be currently in the throes of asserting their authority over entities outside the United States (as in, for example, the Elcomsoft trial) while refusing to grant non-US residents detained overseas the right to defend themselves in court. It's a confused picture, and an unpleasant one: foreigners can be accused in American courts of crimes committed completely outside US jurisdiction, the US military can be sent after them, and they can be deprived of any and all legal protections if the US military simply refrains from dragging them back to US territory for detention.

Let's remember that this is the US administration that's been trying desperately hard to spike the International War Crimes Tribunal, perhaps because of fears that incidents like this might in future generate calls for prosecution of US military personnel or, more importantly, politicians who give the orders.

Maybe someone is thinking about securing their re-election by "acting tough on terrorism"? It all adds up to a rather nasty picture; as I've said before, the US stance on the international war crimes tribunal -- given the way the court really works -- suggests that the US government wants to be free to commit crimes against humanity, and the promotion of the Gray Fox operation to a major tool of state terror implies that this is how they will go about it. At least, this is the cynical, capabilities-based interpretation that every other government on the planet is going to have to put on the current actions.

If Iraq or North Korea did something like this, we'd bomb them. So how come we aren't bombing the White House?

Hint for warbloggers reading this: reading comprehension is important! I am not accusing the current US administration of committing war crimes -- at least, not yet. I am accusing them of setting up an infrastructure that will allow them to do so in future, using the very tools of State Terrorism that they denounce as the defining characteristics of the nations in the "axis of evil". Get the picture?

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posted at: 12:28 | path: /wartime | permanent link to this entry

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