Draft United Nations Security Council Resolution on the Interrogation of Detained Persons by the United States of America
drafted by Thomas Gangale and Marilyn Dudley-Flores
11 December 2014
The Security Council,
Taking note of the report of the United States Senate Select Committee on Intelligence, "Committee study on the Central Intelligence Agency's detention and interrogation program;"
Expressing grave concern at the report's findings of the gross and systematic violations of international human rights law and the law of war;
Stressing the need to hold to account those responsible for torture;
Recalling article 16 of the Rome Statute under which no investigation or prosecution may be commenced or proceeded with by the International Criminal Court for a period of 12 months after a Security Council request to that effect;
Acting under Chapter VII of the Charter of the United Nations;
1. Strongly condemns the gross and systematic violations of human rights perpetrated by persons acting under the authority of the United States of America, whether having occurred within its territory or in facilities outside its territory under the control of its government;
2. Decides to refer the situation regarding the United States of America since 11 September 2001 to the Prosecutor of the International Criminal Court;
3. Decides also that the Government of the United States of America shall cooperate fully with and provide any necessary assistance to the Court and the Prosecutor, including by implementing fully the Agreement on the Privileges and Immunities of the International Criminal Court, pursuant to this resolution and, while recognizing that States not party to the Rome Statute have no obligation under the Statute, strongly urges all States and concerned regional and other international organizations to cooperate fully with the Court and the Prosecutor;
4. Decides that nationals, current or former officials or personnel from a State outside the United States of America which is not a party to the Rome Statute of the International Criminal Court shall be subject to the exclusive jurisdiction of that State for all alleged acts or omissions arising out of or related to operations in the United States of America established or authorized by the Council, unless such exclusive jurisdiction has been expressly waived by the State;
5. Invites the Prosecutor to address the Security Council within two months of the adoption of this resolution and every six months thereafter on actions taken pursuant to this resolution;
6. Recognizes that none of the expenses incurred in connection with the referral, including expenses related to investigations or prosecutions in connection with that referral, shall be borne by the United Nations and that such costs shall be borne by the parties to the Rome Statute and those States that wish to contribute voluntarily;
7. Decides to remain actively seized of the matter.
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Lewis Beale speaks for me in his piece, "How 'Star Wars' ruined sci-fi."A New Hope and The Empire Strikes Back were the only films in the series worth watching. After that, George Lucas turned to making 2-hour ads for marketing action figures like Ewoks and (heaven help us) Jar Jar Binks with silly names like Salacious Crumb and General Grievous. After waiting decades for the prequel trilogy, I was disappointed to find that Lucas had lost all artistic sense. His characters are either too florid or too flat, and pacing is so swift that one never gets the chance to give a damn about the characters anyway. Luke gets his hand chopped off... kind of a drag, but ZAP to the next scene. Anakin gets his hand chopped off, too... no big deal, he's feeling up Amidala with his synthetic hand a moment or two later. Anakin gets everything else chopped off and is horribly burned… that must smart a little, but PRESTO! he's suddenly Darth Vader. We are supposed to laugh when C-3PO gets dismembered; when humans are similarly dismembered we're supposed to... what? Does anyone really care that Amidala dies in childbirth? Before very long I'm numbed from the sensory overload of the senselessly overdone. There's far more feeling in a Terry Gilliam animation.
Hollywood studios appear be locked in an arms race to develop devastating weapons of mass distraction that are ever louder and more furious, signifying less and less. The epitome of this was Gravity. I heard all this hype about it, and when Amazon finally delivered the DVD to my Third World backwater cottage, it rejuvenated my childhood dreams of becoming an astronaut someday... I wanted to toss the damned thing out the airlock. I want to fly a space mission just so I can enjoy the privilege of doing that.
An unwavering trekker since that glorious evening of 8 September 1966, I haven't been all that wild about J. J. Abrams's ballyhooed "reboot." He dragged Star Trek into the same arms race and turned the franchise into a live-action travesty far worse than The Animated Series. Is there really a ditch in Iowa big enough to plunge a Corvette into? I could have done without the slapstick of Scotty getting pumped through the plumbing of the Brew Pub Enterprise. If Spock From the Future could see Vulcan implode from his backyard on Delta Vega, why did he need to teach Scotty some fancy trans-warp matter transporter equation to beam onto the Enterprise? And WTF, over? An Englishman as Khan? The film should have been called Star Trek Into Whiteness. Abrams couldn't find some bhenchod from the Punjab to make Star Trek's iconic arch-villain believable? Maybe he thought that a South Asian actor would insist on at least one song and dance scene. Actually, that might have helped... and it would have been no more out of place than the wholly gratuitous "blonde in her underwear" scene.
It didn't break my heart when Abrams jumped ship to make the next Star Wars farce will be with you always. If he can screw up Star Wars any worse than it already is, I really don't care. No doubt it's also good riddance that Roberto Orci just stepped down as director given his rapport with Star Trek fans. I'm damned proud to be a shitty Star Trek fan. I've been one since before Orci was born.
The personnel shuffle probably comes too late to rescue "Star Trek 3" from more of the same old schlock and aw geez, but I'll hang tough in hope of a worthy "Star Trek 4." I dearly hope that the next in line will steer the Enterprise back to its original course. I want to contemplate the separated components of the human soul as in "The Enemy Within," or the rights of a sentient android as in "The Measure of a Man," or weep for a dying android as in "The Offspring," or for a long dead planet as in "The Inner Light," or for a daughter caught in a universe that ceases to exist as in "World Enough and Time." Make me feel something human or make this human feel what it might be like to be the alien, as opposed to feeling just plain alienated. Make me feel something other than rage at having been bilked yet again out of the price of a ticket and two precious hours of whatever life remains to me.
The question is whether a theater audience would sit through two hours of that. I think so. Plenty of Shakespeare's plays have been put to film. Let's not forget that Forbidden Planet featured a Trekesque ensemble of a captain, first officer, surgeon, and chief engineer in a retelling of The Tempest. (I think of this as the pre-Roddenberry Star Trek film.) But these days Hollywood would rather dazzle and din the audience with cinematic analogs of flash-bang grenades.
Which suggests that Star Trek needs to return to television where it began life half a century ago. It was in the process of returning to small screen in the late 1970s until Paramount saw Star Trek as its vehicle to cash in on the Star Wars bonanza, forcing Gene Roddenberry to transform a one-hour television script into "The Slow Motion Picture" padded with tedious special effects sequences. But Star Trek and Star Wars are two entirely different universes, and they appeal to very different audiences. When it is true to itself, Star Trek is about exploration, not only of outer space but of the human soul; the alien is an intriguing foil for inspecting the familiar in our existence that is too much taken for granted. That is science fiction. Star Wars is about light saber swordplay and mystic mumbo jumbo with fifteen minutes of script and the best special effects money can buy to deceive the audience into believing that it is watching something more meaningful than a fireworks display; it is space opera mixed with sword and sorcery, and it examines nothing that is not better illuminated in other genres.
It was a mistake for Paramount to transport Star Trek into an alternative universe where theater audiences aren't supposed to think, and after nearly forty years, only a few Star Trek films such as The Wrath of Khan and First Contact can stand alongside the best television episodes. Fortunately, Paramount also did return Star Trek to television with The Next Generation, Deep Space Nine, Voyager, and Enterprise. Even so, flash-bang blow-back from the big screen made serious incursions into Star Trek television in the form of the Dominion War and the Xindi War; Enterprise was fatally wounded by the Xindi War cycle in its third season, which pandered shamelessly to post-9/11 American angst, and died after a fourth season that was considerably better.
Meanwhile, Star Trek fan films have flourished. They do so because they deliver to audiences what Paramount does not: exploration, thoughtfulness, sentiment. I have mentioned a Phase II episode in which Sulu raised a daughter, only to watch her wink out of existence; another episode worth mentioning is "Coward's Death" from Hidden Frontier, in which a crewman suffers brain damage that results in a permanent case of clinical depression. Some enduring stories have been written by people who care more about the vision of Trek than making money from dreck.
Star Trek should leave the big screen to Star Wars and go back to being what it was at its best: tight, hard-hitting scripts that tug at the mind and touch the heart. Put simply, it needs to get out of the Wars and back to the Trek.
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The United Nations General Assembly recently passed a draft resolution on No First Placement of Weapons in Outer Space (NFP) proposed by Russia. This is yet one more tale told by an idiot, full of sound and fury, signifying nothing. The UNGA has passed resolutions on the prevention of an arms race in space (PAROS) anually since 1981. PAROS is the quintessence of naive blue sky wishfulness. Be careful what you wish for; a desert always has a blue sky. It plays into Sino-Russian diplomatic duplicity to hamstring US research on missile defense systems while they conduct similar research in secret. The Sino-Russian PPWT is a Preposterous Propaganda Weapon faux Treaty. Meanwhile, space lawyer Michael J. Listner asks, "What the heck is a 'space weapon?'"
What a softball question that is! A "space weapon" is any space object that can be used with the intent to cause harm to anything or anyone in outer space or on Earth, as distinct from a "non-space weapon," which is any non-space object that can be used with the intent to cause harm to anything or anyone not in outer space. For example, although unintentionally, the lethality of a cricket ball was demonstrated in Sydney on 25 November, and there can be no doubt that it could be used as a lethal weapon.
"How many times must the cricket balls fly before they are forever banned?"
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[See my 30 May 2008 article on Dr. Marilyn Dudley-Flores, written as she started training for the U.S. Army's Human Terrain System program. I had imagined that my article would be the beginning of a series of stories about her experiences during a 13-month tour "downrange," the modern military euphemism for the war zones. For thousands of years young men have marched off to war full of patriotism and a sense of adventure. Marilyn, a middle-age woman, similarly stirred by the call to duty, found that the most immediate enemy was in her own foxhole... and in the Five-Sided Foxhole on the Potomac. --TG]
I was in transit to Afghanistan from late October through early November 2008 to take my U.S. Army Human Terrain System (HTS) post on the Human Terrain Analysis Team (HTAT) at Bagram Air Field (BAF). It was during this time that an information operation (IO) was launched against me. From what witnesses have told me, at first it seemed like harmless fact-checking over open sources, to see what kind of background I had. The “information operatives” were high-level 101st Army Airborne Division staff officers answerable to Major General Jeffrey Schloesser of the Combined Joint Task Force (CJTF). At least one of them wanted my job on the team after he completed his military tour-of-duty, wanting to come back as a civilian contractor and earn the higher salary (that I was supposed to be earning) than what he earned as a soldier. (I say “supposed” because to this day I am still owed nearly $40,000 due to me for my work with the U.S. Army’s HTS.) Other stakeholders in the IO against me definitely did not want me co-leading the team when they found out from all that IO’ing that I had the authentic background of a 55-year-old scientist who had been active in Academe, as well as in other professional venues. The other stakeholders were four men on my team with serious developmental and psychological challenges and without the skills, credentials, and/or motivation to do counterinsurgency (COIN) research and analysis and related tasks.
Like a Tony Soprano “no work job” crew, they smoked, joked, and napped their way through their duty day, until my arrival had them and their accessories working 24-7 to get rid of me and the other genuine professionals on our team – by any means necessary. In addition to these stakeholders, also simpatico with the IO against me, was the military contractor company that was supposed to be paying me my salary, but instead was playing fast and loose with HTS’ers’ salaries and other of their workers’ salaries and benefits on other government contracts. And, at the same time, defrauding the American government of over a million dollars on one government war zone contract alone. That company and its principals have been meted out consequences in the recent past and more are likely to come down the pike. Add to those social actors, stakeholders to the IO (and worse) were lazy, bored field-grade staffers close to Schloesser who were all too happy to play blood sport with the lives of the genuine people on my team.
When I was forced to pull the plug on all of this cahooting to keep us genuine teammates safe and so that we could go forward with the prosecution of our team’s mission, events went sideways for me and the story about our HTAT went global over the online media. The story, like many other HTS’ers’ true stories, wasn’t one to inspire the U.S. Congress to pass more funds to a proof-of-concept project that might not be proving itself all that well. The incoming president, Mr. Obama, upon hearing such stories, might not be convinced that the HTS could be the cornerstone of the civilian surge in Afghanistan. Almost immediately, the IO that was homegrown on Bagram continued through the Pentagon think tank, the Office of Net Assessment, structurally close to then-SECDEF, Dr. Robert Gates. The information operatives in the Pentagon seized on features in my very real background and blogged them 180 degrees differently. Clearly, the aim was to spread disinformation about me to discredit my legitimacy and veracity. One of the sock puppets peeping up behind the walls of that digital fortress initially masked himself in one or more cyber stockings, but soon admitted to being Army Ranger Lieutenant Colonel Robert Bateman, Jr. Research on Bateman proved fruitful.
As discussed in the blog commentary over http://zeroanthropology.net/2009/02/26/some-breaking-news-on-the-human-terrain-system-death-threats/:
Roger Neuman asked on 19 April 2010:
Did you ever hear such an arrogant condescending person as this Bob Bateman? I would be willing to bet that the story of Bob’s life would make good reading. Anyone interested in researching his life?
I answered on 20 April 2010:
Yes, Roger, LTC Bob Bateman, as depicted over the Internet, would be an interesting research project for someone so inclined. Here are some leads since last my supporters and I delved into his background.
He had his own domain name robertbateman.com.
He had a website.
He had a longish Wikipedia article on himself — which he authored.
Bateman has made other inroads on Wikipedia. He tried to revise the history of No Gun Ri to whitewash it. The revision history for that article shed a good bit of light on that activity. The author (murdoch) of the Wikipedia article on the No Gun Ri incident (Korean War) posted a complaint on 15 July 2005 that someone was continually going into his article online and trying to revise the history of a well-documented event. He found the IP address of the person doing it.
Two days earlier, that same someone created the Wikipedia article on Robert Bateman using the same IP address (see the bottom of the revision history on the Wikipedia article “Robert Bateman [historian]”).
Currently, there are still references to Robert Bateman in the No Gun Ri Wikipedia entry, but they are no longer links to the Wikipedia article about him.
Sean McFate was a Facebook friend of LTC Robert Bateman. (Note: Sean McFate is the ex-husband of Dr. Montgomery McFate (aka Montgomery “Mitzy” Carlough.) Carlough/McFate was the chief social scientist manager in the opening years of the HTS.
Shortly after I FOIPA’ed his blog transmissions that referred to me out of his Pentagon computer and verified the details already discovered over this page, Bateman’s website disappeared.
I was surprised today to see that Bateman’s Wikipedia entry on himself has been deleted. It was entertaining reading. It introduced me to the wonderful world of “fake veteran hunting” by Army Rangers and others, which as a daughter of the South reminded me so much of the Ku Klux Klan.
So, it would seem that LTC Bateman is being relegated to the obscurity that he deserves. He would make a great targeting exercise for newbie HTS’ers.
Dr. Maximilian Forte responded on 20 April 2010:
This is very rich, an excellent example of good counter-surveillance. Many thanks.
To continue, among the IO’s disinformative topics, was I had never worked with the late premier Afghanistan expert, Dr. Louis Dupree. Never mind the various “hits” over Internet search engines linking our names in news articles, archives, and in the scholarly record! An example is as follows.
Denker, D., 1983. “The Last Migration of the Kirghiz of Afghanistan?” Central Asian Survey, Taylor & Francis:
... Their cause briefly looked hopeful in early 1982, when through the efforts of anthropologist Dr. Louis Dupree and Marilyn Dudley-Rowley of the Institute of Alaskan Affairs, arrangements were made for Haji Rahman Qul and one of his sons to accompany Dr. Nazif Shahrani to ...
If a feature in my academic and professional background was genuine, the information operatives had to make it over into something false to undercut my veracity and legitimacy.
The IO directed against me was not only outrageous, but illegal. Such un-American activities have been highlighted in the 2011 case of Lieutenant General Caldwell who tried to launch an IO against Senator John McCain and other visiting dignitaries in Afghanistan. Caldwell sought “to manipulate the perceptions and opinions of U.S. senators and representatives through psychological operations (PSYOP).” This, apparently, to hoodoo Members of Congress out of more funding and resources for his mission in Afghanistan (https://www.aclu.org/blog/free-speech/military-may-be-engaged-illegal-psychological-operations-and-propaganda-against-us). Unlike the information operatives who enthusiastically jumped on the smear campaign against me, the Texas National Guard officers in charge of Caldwell’s IO cell reminded the general that such operations against American citizens were illegal. Other stories about this case show that some days later, those dutiful officers were subjected to propaganda against them in order to levy sanctions on them in retaliation (http://www.wired.com/2011/02/did-a-top-general-run-psyops-on-senators/).
The genuine members of my HTAT on BAF and out in the field were targets of several types of crime and misdeeds – none that were criminally investigated. The IO against me has never been criminally investigated. Follow-on reprisal-like events that befell me and my family members and their consequences have never been investigated – at least by a federal agency.
So, I continue to advocate for federal criminal investigations. As I have argued, investigate not only for the victims involved, but for the sake of the Republic and what it, what we, stand for.
Despite these experiences, I urge the continuance, improvement, and restructuring of the U.S. Army’s Human Terrain System and the use and innovation of Human Terrain Analysis (HTA) in matters of criminal justice, the national security, and the Global War on Terror (GWOT).
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Thomas Gangale holds a bachelor's degree in aerospace engineering from the University of Southern California and a master's degree in international relations from San Francisco State University. He was both an airman and an officer in the US Air Force, serving as an air traffic controller and an F-4 weapon systems officer. Also while on active duty, he served on the technical management teams of several satellite projects of the highest national priority involving national technical means of verification of strategic arms control agreements, as well as a Strategic Defense Initiative satellite program and two Space Shuttle payloads (STS-4 and STS-39). He has published numerous articles in aerospace and social science journals, has presented papers at several aerospace symposia, has written opinion editorials in major metropolitan newspapers, and has appeared as a guest on radio talk shows. He is a leading authority on timekeeping systems for other planets, and is the inventor of a class of orbits that will be essential to communication between Earth and crews in the vicinity of Mars. He is the author of the American Plan for reforming the presidential nomination process.