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Paul Merrell

Case of Navy nurse who refused to force-feed could put Guantánamo hunger stri... - 0 views

  • No decision has been made on whether the U.S. Navy will court-martial a nurse who refused to force-feed hunger strikers at Guantánamo during the summer, the nurse’s commander says.But those who are watching the case say a military trial could put a spotlight on both Guantánamo’s hunger-strike policy and how the military manages medical-ethics issues. Retired Navy Capt. Albert J. Shimkus Jr., who teaches at the U.S. Navy War College in Newport, R.I., calls it “an important time, not only for this individual but also an important time for military medicine and how we interact with our patient and the process by which these decisions are made.”
  • The nurse, who has been identified as a Navy lieutenant, reportedly turned conscientious objector after handling months of feedings. He was sent home early to the Naval Health Clinic New England in Newport, R.I., this month after serving with the 139-member Navy medical staff assigned to care for Guantánamo’s 149 detainees.
  • At Guantánamo, “there was an investigation done and currently it’s under review. The process has started.”
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  • As the lieutenant’s commander, it would be up to Pennington to decide what, if any, disciplinary action to pursue. Typically that starts with what is called a 15-6 investigation: a description of what happened and a recommendation of whether to order a court-martial. The captain would not say whether that was the investigation she had received. Whatever the outcome, two former senior military medical officers said the case would serve as a significant precedent in this, the 13th year of the detention center at the U.S. enclave in southeast Cuba, where an undisclosed number of the 149 captives were on a hunger strike Thursday.
  • The case is also likely to drive a review of “the process of how to recuse oneself” when a health provider in uniform navigates the “dual loyalty question” of obligation to the nation versus the obligation to the patient. Retired Army Brig Gen. Stephen Xenakis, a psychiatrist who has examined Guantánamo captives, also says a court-martial could end up putting Guantánamo hunger-strike policy on trial.During the 1980s, he notes, military doctors were allowed not only to refuse to perform abortions but also to proclaim their opposition to doing them, “and we didn’t prosecute them.” But something about medical autonomy changed during the war on terror. “The issue is that, with this war, there has been a shift in what has been the professional autonomy of clinicians. They’ve been subordinated to the combat arms, to the war-fighters,” says Xenakis.
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    The case may well put the Gitmo hunger-strike policy on trial. All U.S. military officers are under a general order to disobey unlawful commands. Therefore, it is conceivable to me that the nurse's best defense may well be that the order to force-feed the prisoners was unlawful.
Paul Merrell

Patrick J. Buchanan:    GOP Platform: War Without End:  Information Clearing ... - 0 views

  • By Patrick J. Buchanan
  • If the sadists of ISIS are seeking — with their mass executions, child rapes, immolations, and beheadings of Christians — to stampede us into a new war in the Middle East, they are succeeding. Repeatedly snapping the blood-red cape of terrorist atrocities in our faces has the Yankee bull snorting, pawing the ground, ready to charge again. "Nearly three-quarters of Republicans now favor sending ground troops into combat against the Islamic State," says a CBS News poll. The poll was cited in a New York Times story about how the voice of the hawk is ascendant again in the GOP. In April or May 2015, said a Pentagon briefer last week, the Iraqi Army will march north to recapture Mosul from the Islamic State. On to Mosul! On to Raqqa! Yet, who, exactly, will be taking Mosul?
  • According to Rowan Scarborough of The Washington Times, the U.S. general who trained the Iraqi army says Mosul is a mined, booby-trapped city, infested with thousands of suicide fighters. Any Iraqi army attack this spring would be "doomed." Translation: Either U.S. troops lead, or Mosul remains in ISIS' hands. Yet taking Mosul is only the beginning. Scores of thousands of troops will be needed to defeat and destroy ISIS in Syria. And eradicating ISIS is but the first of the wars Republicans have in mind. This coming week, at the invitation of Speaker John Boehner, Bibi Netanyahu will address a joint session of Congress.
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  • His message: Obama and John Kerry are bringing back a rotten deal that will ensure Iran acquires nuclear weapons and becomes an existential threat to Israel. Congress must repudiate Obama's deal, impose new sanctions on Iran and terminate the appeasement talks. Should Bibi and his Republican allies succeed in closing the ramp to a diplomatic solution, we will be on the road to war. Which is where Bibi wants us. To him, Iran is the Nazi Germany of the 21st century, hell-bent on a new Holocaust. A U.S. war that does to the Ayatollah's Iran what a U.S. war did to Hitler's Germany would put Bibi in the history books as the Israeli Churchill. But if Republicans scuttle the Iranian negotiations by voting new sanctions, Iran will take back the concessions it has made, and we are indeed headed for war. Which is where Sen. Lindsey Graham, too, now toying with a presidential bid, wants us to be.
  • In 2010, Sen. Graham declared: "Instead of a surgical strike on [Iran's] nuclear infrastructure ... we're to the point now that you have to really neuter the regime's ability to wage war against us and our allies. ... [We must] destroy the ability of the regime to strike back." If Congress scuttles the nuclear talks, look for Congress to next write an authorization for the use of military force — on Iran. Today, the entire Shiite Crescent — Iran, Iraq, Bashar Assad's Syria, Hezbollah — is fighting ISIS. All these Shiites are de facto allies in any war against ISIS. But should we attack Iran, they will become enemies. And what would war with Iran mean for U.S. interests? With its anti-ship missiles and hundreds of missile boats, Iran could imperil our fleet in the Persian Gulf and Arabian Sea. The Gulf could be closed to commercial shipping by a sinking or two.
  • Hezbollah could go after the U.S. embassy in Beirut. The Green Zone in Baghdad could come under attack by Shiite militia loyal to Iran. Would Assad's army join Iran's fight against America? It surely would if America listened to those Republicans who now say we must bring down Assad to convince Saudi Arabia and the Gulf Arabs to join the fight against ISIS. By clashing with Iran, we would make enemies of Damascus and Baghdad and the Shiite militias in Iraq and Beirut battling ISIS today — in the hope that, tomorrow, the conscientious objectors of the Sunni world — Turks, Saudis, Gulf Arabs — might come and fight beside us. Listen for long to GOP foreign policy voices, and you can hear calls for war on ISIS, al-Qaida, Boko Haram, the Houthi rebels, the Assad regime, the Islamic Republic of Iran, to name but a few.
  • Are we to fight them all? How many U.S. troops will be needed? How long will all these wars take? What will the Middle East look like after we crush them all? Who will fill the vacuum if we go? Or must we stay forever? Nor does this exhaust the GOP war menu. Enraged by Vladimir Putin's defiance, Republicans are calling for U.S. weapons, trainers, even troops, to be sent to Ukraine and Moldova. Says John Bolton, himself looking at a presidential run, "Most of the Republican candidates or prospective candidates are heading in the right direction; there's one who's headed in the wrong direction." That would be Rand Paul, who prefers "Arab boots on the ground."
Paul Merrell

U.S. deserter needs Iraq war crimes evidence to be refugee: EU court | Reuters - 0 views

  • (Reuters) - A U.S. soldier who deserted because he thought the Iraq war was illegal could have grounds for seeking asylum in Germany but only if he can show he would have been involved in war crimes, Europe's highest court said on Thursday.

    The European Court of Justice added that even if Andre Shepherd could prove war crimes were very likely to have been committed, he would still have to show he had no alternative to desertion, such as becoming a conscientious objector.

    The Luxembourg-based court was asked for guidance by a German court after Shepherd took legal action when German authorities rejected his asylum application.

     
     
     
     
     
     

    The final decision will be taken by the German court in accordance with the European court's ruling.

  • Shepherd, who served in Iraq between September 2004 and February 2005 as an Apache helicopter mechanic in the 412th Aviation Support Battalion, deserted in 2007 after being ordered to return to Iraq. He applied for asylum in Germany, where he was based. He remains in Germany."When I read and heard about people being ripped to shreds from machine guns or being blown to bits by the Hellfire missiles I began to feel ashamed about what I was doing," Shepherd told a news conference in Frankfurt in 2008."I could not in good conscience continue to serve," the army specialist from Cleveland, Ohio, said.Shepherd believed he should no longer participate in a war he considered unlawful and in war crimes he believed were committed in Iraq. He said he risked criminal prosecution in the United States because of his desertion.
Paul Merrell

Navy nurse rejects force-feed of Gitmo prisoners - Yahoo News - 0 views

  • SAN JUAN, Puerto Rico (AP) — A rights lawyer and a U.S. official say a Navy nurse has refused to participate in force-feeding of prisoners who are on an extended hunger strike at Guantanamo Bay.An attorney for the British legal rights group Reprieve said Tuesday in a phone interview from London that the nurse decided against being a participant after deciding the practice was criminal.Attorney Cori Crider says she learned about the case from a 42-year-old Syrian prisoner she represents who is on a hunger strike.Southern Command spokesman Army Col. Greg Julian confirms the report. He says it is the first time a Navy nurse has refused to tube-feed a hunger-striking prisoner. He says the nurse is a lieutenant and has been assigned to other duties at Guantanamo.
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    That's probably the end of a military career but I salute the courage of this wo/man.
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