<

In Strikes on Libya by NATO, an Unspoken Civilian Toll


12/18/2011

By C. J. CHIVERS and ERIC SCHMITT
     nytimes.com

TRIPOLI, Libya — NATO’s seven-month air campaign in Libya, hailed by the alliance and many Libyans for blunting a lethal crackdown by Col. Muammar el-Qaddafi and helping to push him from power, came with an unrecognized toll: scores of civilian casualties the alliance has long refused to acknowledge or investigate.

By NATO’s telling during the war, and in statements since sorties ended on Oct. 31, the alliance-led operation was nearly flawless — a model air war that used high technology, meticulous planning and restraint to protect civilians from Colonel Qaddafi’s troops, which was the alliance’s mandate.

“We have carried out this operation very carefully, without confirmed civilian casualties,” the secretary general of NATO, Anders Fogh Rasmussen, said in November.

But an on-the-ground examination by The New York Times of airstrike sites across Libya — including interviews with survivors, doctors and witnesses, and the collection of munitions remnants, medical reports, death certificates and photographs — found credible accounts of dozens of civilians killed by NATO in many distinct attacks. The victims, including at least 29 women or children, often had been asleep in homes when the ordnance hit.

In all, at least 40 civilians, and perhaps more than 70, were killed by NATO at these sites, available evidence suggests. While that total is not high compared with other conflicts in which Western powers have relied heavily on air power, and less than the exaggerated accounts circulated by the Qaddafi government, it is also not a complete accounting. Survivors and doctors working for the anti-Qaddafi interim authorities point to dozens more civilians wounded in these and other strikes, and they referred reporters to other sites where civilian casualties were suspected.

Two weeks after being provided a 27-page memorandum from The Times containing extensive details of nine separate attacks in which evidence indicated that allied planes had killed or wounded unintended victims, NATO modified its stance.

“From what you have gathered on the ground, it appears that innocent civilians may have been killed or injured, despite all the care and precision,” said Oana Lungescu, a spokeswoman for NATO headquarters in Brussels. “We deeply regret any loss of life.”

She added that NATO was in regular contact with the new Libyan government and that “we stand ready to work with the Libyan authorities to do what they feel is right.”

NATO, however, deferred the responsibility of initiating any inquiry to Libya’s interim authorities, whose survival and climb to power were made possible largely by the airstrike campaign. So far, Libyan leaders have expressed no interest in examining NATO’s mistakes.

The failure to thoroughly assess the civilian toll reduces the chances that allied forces, which are relying ever more heavily on air power rather than risking ground troops in overseas conflicts, will examine their Libyan experience to minimize collateral deaths elsewhere. Allied commanders have been ordered to submit a lessons-learned report to NATO headquarters in February. NATO’s incuriosity about the many lethal accidents raises questions about how thorough that review will be.

NATO’s experience in Libya also reveals an attitude that initially prevailed in Afghanistan. There, NATO forces, led by the United States, tightened the rules of engagement for airstrikes and insisted on better targeting to reduce civilian deaths only after repeatedly ignoring or disputing accounts of airstrikes that left many civilians dead.

In Libya, NATO’s inattention to its unintended victims has also left many wounded civilians with little aid in the aftermath of the country’s still-chaotic change in leadership.

These victims include a boy blasted by debris in his face and right eye, a woman whose left leg was amputated, another whose foot and leg wounds left her disabled, a North Korean doctor whose left foot was crushed and his wife, who suffered a fractured skull.

The Times’s investigation included visits to more than 25 sites, including in Tripoli, Surman, Mizdah, Zlitan, Ga’a, Majer, Ajdabiya, Misurata, Surt, Brega and Sabratha and near Benghazi. More than 150 targets — bunkers, buildings or vehicles — were hit at these places.

NATO warplanes flew thousands of sorties that dropped 7,700 bombs or missiles; because The Times did not examine sites in several cities and towns where the air campaign was active, the casualty estimate could be low.

There are indications that the alliance took many steps to avoid harming civilians, and often did not damage civilian infrastructure useful to Colonel Qaddafi’s military. Elements of two American-led air campaigns in Iraq, in 1991 and 2003, appear to have been avoided, including attacks on electrical grids.

Such steps spared civilians certain hardships and risks that accompanied previous Western air-to-ground operations. NATO also said that allied forces did not use cluster munitions or ordnance containing depleted uranium, both of which pose health and environmental risks, in Libya at any time.

The alliance’s fixed-wing aircraft dropped only laser- or satellite-guided weapons, said Col. Gregory Julian, a NATO spokesman; no so-called dumb bombs were used.

While the overwhelming preponderance of strikes seemed to have hit their targets without killing noncombatants, many factors contributed to a run of fatal mistakes. These included a technically faulty bomb, poor or dated intelligence and the near absence of experienced military personnel on the ground who could help direct airstrikes.

The alliance’s apparent presumption that residences thought to harbor pro-Qaddafi forces were not occupied by civilians repeatedly proved mistaken, the evidence suggests, posing a reminder to advocates of air power that no war is cost- or error-free.

The investigation also found significant damage to civilian infrastructure from certain attacks for which a rationale was not evident or risks to civilians were clear. These included strikes on warehouses that current anti-Qaddafi guards said contained only food, or near businesses or homes that were destroyed, including an attack on a munitions bunker beside a neighborhood that caused a large secondary explosion, scattering warheads and toxic rocket fuel.

NATO has also not yet provided data to Libyans on the locations or types of unexploded ordnance from its strikes. At least two large weapons were present at sites visited by The Times. “This information is urgently needed,” said Dr. Ali Yahwya, chief surgeon at the Zlitan hospital.

Moreover, the scouring of one strike site found remnants of NATO munitions in a ruined building that an alliance spokesman explicitly said NATO did not attack.

That mistake — a pair of strikes — killed 12 anti-Qaddafi fighters and nearly killed a civilian ambulance crew aiding wounded men. It underscored NATO’s sometimes tenuous grasp of battle lines and raised questions about the forthrightness and accuracy of the alliance’s public-relations campaign.

The second strike pointed to a tactic that survivors at several sites recounted: warplanes restriking targets minutes after a first attack, a practice that imperiled, and sometimes killed, civilians rushing to the wounded.

Pressed about the dangers posed to noncombatants by such attacks, NATO said it would reconsider the tactic’s rationale in its internal campaign review. “That’s a valid point to take into consideration in future operations,” Colonel Julian said.

That statement is a shift in the alliance’s stance. NATO’s response to allegations of mistaken attacks had long been carefully worded denials and insistence that its operations were devised and supervised with exceptional care. Faced with credible allegations that it killed civilians, the alliance said it had neither the capacity for nor intention of investigating and often repeated that disputed strikes were sound.

The alliance maintained this position even after two independent Western organizations — Human Rights Watch and the Campaign for Innocent Victims in Conflict, or Civic — met privately with NATO officials and shared field research about mistakes, including, in some cases, victims’ names and the dates and locations where they died.

Organizations researching civilian deaths in Libya said that the alliance’s resistance to making itself accountable and acknowledging mistakes amounted to poor public policy. “It’s crystal clear that civilians died in NATO strikes,” said Fred Abrahams, a researcher for Human Rights Watch. “But this whole campaign is shrouded by an atmosphere of impunity” and by NATO’s and the Libyan authorities’ mutually congratulatory statements.

Mr. Abrahams added that the matter went beyond the need to assist civilians harmed by airstrikes, though he said that was important. At issue, he said, was “who is going to lose their lives in the next campaign because these errors and mistakes went unexamined, and no one learned from them?”

Human Rights Watch and Civic also noted that the alliance’s stance on civilian casualties it caused in Libya was at odds with its practices for so-called collateral damage in Afghanistan. There, public anger and political tension over fatal mistakes led NATO to adopt policies for investigating actions that caused civilian harm, including guidelines for expressing condolences and making small payments to victims or their families.

“You would think, and I did think, that all of the lessons learned from Afghanistan would have been transferred to Libya,” said Sarah Holewinski, the executive director of Civic, which helped NATO devise its practices for Afghanistan. “But many of them didn’t.”

Choosing Targets

When foreign militaries began attacking Libya’s loyalists on March 19, the United States military, more experienced than NATO at directing large operations, coordinated the campaign. On March 31, the Americans transferred command to NATO.

Seven months later, the alliance had destroyed more than 5,900 military targets by means of roughly 9,700 strike sorties, according to its data, helping to dismantle the pro-Qaddafi military and militias. Warplanes from France, Britain, the United States, Italy, Norway, Denmark, Belgium and Canada dropped ordnance. Two non-NATO nations, Qatar and the United Arab Emirates, participated on a small scale.

France carried out about a third of all strike sorties, Britain 21 percent and the United States 19 percent, according to data from each nation.

The attacks fell under two broad categories. So-called deliberate strikes were directed against fixed targets, like buildings or air-defense systems. These targets were selected and assigned to pilots before aircraft took off.

Deliberate strikes were planned to minimize risks to civilians, NATO said. In Naples, Italy, intelligence analysts and targeting specialists vetted proposed targets and compiled lists, which were sent to an operations center near Bologna, where targets were matched to specific aircraft and weapons.

For some targets, like command bunkers, NATO said, it conducted long periods of surveillance first. Drones or other aircraft chronicled the daily routines at the sites, known as “patterns of life,” until commanders felt confident that each target was valid.

Other considerations then came into play. Targeting specialists chose, for example, the angle of attack and time of day thought to pose the least risk to civilians. They would also consider questions of ordnance. These included the size and type of bomb, and its fuze.

Some fuzes briefly delay detonation of a bomb’s high-explosive charge. This can allow ordnance to penetrate concrete and explode in an underground tunnel or bunker, or, alternately, to burrow into sand before exploding — reducing the blast wave, shrapnel and risk to people and property nearby.

(NATO could also choose inert bombs, made of concrete, that can collapse buildings or shatter tanks with kinetic energy rather than an explosion. NATO said such weapons were used fewer than 10 times in the war.)

Many early strikes were planned missions. But about two-thirds of all strikes, and most of the attacks late in the war, were another sort: dynamic strikes.

Dynamic strikes were against targets of opportunity. Crews on aerial patrols would spot or be told of a potential target, like suspected military vehicles. Then, if cleared by controllers in Awacs aircraft, they would attack.

NATO said dynamic missions, too, were guided by practices meant to limit risks. On Oct. 24, Lt. Gen. Charles Bouchard of Canada, the operation’s commander, described a philosophy beyond careful target vetting or using only guided weapons: restraint. “Only when we had a clear shot would we take it,” he said.

Colonel Julian, the spokesman, said there were hundreds of instances when pilots could have released ordnance but because of concerns for civilians they held fire. Col. Alain Pelletier, commander of seven Canadian CF-18 fighters that flew 946 strike sorties, said Canada installed a special computer software modification in its planes that allowed pilots to assess the likely blast radius around an intended target and to call off strikes if the technology warned they posed too great a risk to civilians.

Colonel Julian also said that NATO broadcast radio messages and that it dropped millions of leaflets to warn Libyans to stay away from likely military targets, a practice Libyan citizens across much of the country confirmed.

A Blow to the Rebels

Civilians were killed by NATO within days of the alliance’s intervention, the available evidence shows, beginning with one of the uglier mistakes of the air war: the pummeling of a secret rebel armored convoy that was advancing through the desert toward the Qaddafi forces’ eastern front lines.

Having survived the first wave of air-to-ground attacks, the loyalists were taking steps to avoid attracting NATO bombs. They moved in smaller formations and sometimes set aside armored vehicles in favor of pickup trucks resembling those that rebels drove. Pilots suddenly had fewer targets.

On April 7, as the rebel armor lined up on a hill about 20 miles from Brega, NATO aircraft struck. In a series of attacks, laser-guided bombs stopped the formation, destroyed the rebels’ armor and scattered the anti-Qaddafi fighters, killing several of them, survivors said.

The attack continued as civilians, including ambulance crews, tried to converge on the craters and flames to aid the wounded. Three shepherds were among them.

As the shepherds approached over the sand, a bomb slammed in again, said one of them, Abdul Rahman Ali Suleiman Sudani. The blast knocked them over, he said. His two cousins were hit.

One, he said, was cut in half; the other had a gaping chest wound. Both died. Mr. Sudani and other relatives returned to the wreckage later and retrieved the remains for burial in Kufra. The men had died, he said, trying to help.

“We called their families in Sudan and told them, ‘Your sons, they have passed away,’ ” he said.

Colonel Julian declined to discuss this episode but said that each time NATO aircraft returned to strike again was a distinct event and a distinct decision, and that it was not a general practice for NATO to “double tap” its targets.

This practice was reported several times by survivors at separate attacks and cited to explain why some civilians opted not to help at strike sites or bolted in fear soon after they did.

Colonel Julian said the tactic was likely to be included in NATO’s internal review of the air campaign.

An Errant Strike

NATO’s planning or restraint did not protect the family of Ali Mukhar al-Gharari when his home was shattered in June by a phenomenon as old as air-to-ground war: errant ordnance.

A retiree in Tripoli, Mr. Gharari owned a three-story house he shared with his adult children and their families. Late on June 19 a bomb struck it squarely, collapsing the front side. The rubble buried a courtyard apartment, the family said, where Karima, Mr. Gharari’s adult daughter, lived with her husband and two children, Jomana, 2, and Khaled, 7 months.

All four were killed, as was another of Mr. Gharari’s adult children, Faruj, who was blasted from his second-floor bed to the rubble below, two of his brothers said. Eight other family members were wounded, one seriously.

The Qaddafi government, given to exaggeration, claimed that nine civilians died in the airstrike, including a rescue worker electrocuted while clearing rubble. These deaths have not been independently corroborated. There has been no dispute about the Gharari deaths.

Initially, NATO almost acknowledged its mistake. “A military missile site was the intended target,” an alliance statement said soon after. “There may have been a weapons system failure which may have caused a number of civilian casualties.”

Then it backtracked. Kristele Younes, director of field operations for Civic, the victims’ group, examined the site and delivered her findings to NATO. She met a cold response. “They said, ‘We have no confirmed reports of civilian casualties,’ ” Ms. Younes said.

The reason, she said, was that the alliance had created its own definition for “confirmed”: only a death that NATO itself investigated and corroborated could be called confirmed. But because the alliance declined to investigate allegations, its casualty tally by definition could not budge — from zero.

“The position was absurd,” Ms. Younes said. “But they made it very clear: there was no appetite within NATO to look at these incidents.”

The position left the Gharari family disoriented, and in social jeopardy. Another of Mr. Gharari’s sons, Mohammed, said the family supported the revolution. But since NATO’s attack, other Libyans have labeled the family pro-Qaddafi. If NATO attacked the Ghararis’ home, the street logic went, the alliance must have had a reason.

Mohammed al-Gharari said he would accept an apology from NATO. He said he could even accept the mistake. “If this was an error from their control room, I will not say anything harsh, because that was our destiny,” he said.

But he asked that NATO lift the dishonor from the family and set the record straight. “NATO should tell the truth,” he said. “They should tell what happened, so everyone knows our family is innocent.”

A ‘Horrible Mistake’

In the hours before his wife and two of their sons were killed, on Aug. 4, Mustafa Naji al-Morabit thought he had taken adequate precautions.

When Colonel Qaddafi’s officers began meeting at a home next door in Zlitan, he moved his family. That was in July. The adjacent property, Mr. Morabit and his neighbors said, was owned by a loyalist doctor who hosted commanders who organized the local front.

About a month later, as rebels pressed near, the officers fled, Mr. Morabit said. He and his family returned home on Aug. 2, assuming that the danger had passed.

Calamity struck two days later. A bomb roared down in the early morning quiet and slammed into their concrete home, causing its front to buckle.

Mr. Morabit’s wife, Eptisam Ali al-Barbar, died of a crushed skull. Two of their three sons — Mohammed, 6, and Moataz, 3 — were killed, too. Three toes on the left foot of Fatima Umar Mansour, Mr. Morabit’s mother, were severed. Her lower left leg was snapped.

“We were just in our homes at night,” she said, showing the swollen leg.

The destruction of their home showed that even with careful standards for target selection, mistakes occurred. Not only did NATO hit the wrong building, survivors and neighbors said, but it also hit it more than two days late.

Mr. Morabit added a sorrowful detail. He suspected that the bomb was made of concrete; there seemed to be no fire or explosion when it struck, he said. NATO may have tried to minimize damage, he added, but the would-be benefits of its caution were lost. “I want to know why,” he said. “NATO said they are so organized, that they are specialists. So why? Why this horrible mistake?”

It is not clear whether the mistake was made by the pilot or those who selected the target. NATO declined to answer questions about the strike.

On Aug. 8, four days after destroying the Morabit home, NATO hit buildings occupied by civilians again, this time in Majer, according to survivors, doctors and independent investigators. The strikes were NATO’s bloodiest known accidents in the war.

The attack began with a series of 500-pound laser-guided bombs, called GBU-12s, ordnance remnants suggest. The first house, owned by Ali Hamid Gafez, 61, was crowded with Mr. Gafez’s relatives, who had been dislocated by the war, he and his neighbors said.

The bomb destroyed the second floor and much of the first. Five women and seven children were killed; several more people were wounded, including Mr. Gafez’s wife, whose her lower left leg had to be amputated, the doctor who performed the procedure said.

Minutes later, NATO aircraft attacked two buildings in a second compound, owned by brothers in the Jarud family. Four people were killed, the family said.

Several minutes after the first strikes, as neighbors rushed to dig for victims, another bomb struck. The blast killed 18 civilians, both families said.

The death toll has been a source of confusion. The Qaddafi government said 85 civilians died. That claim does not seem to be credible. With the Qaddafi propaganda machine now gone, an official list of dead, issued by the new government, includes 35 victims, among them the late-term fetus of a fatally wounded woman the Gafez family said went into labor as she died.

The Zlitan hospital confirmed 34 deaths. Five doctors there also told of treating dozens of wounded people, including many women and children.

All 16 beds in the intensive-care unit were filled with severely wounded civilians, doctors said. Dr. Ahmad Thoboot, the hospital’s co-director, said none of the victims, alive or dead, were in uniform. “There is no doubt,” he said. “This is not fabricated. Civilians were killed.”

Descriptions of the wounds underscored the difference between mistakes with typical ground-to-ground arms and the unforgiving nature of mistakes with 500-pound bombs, which create blast waves of an entirely different order.

Dr. Mustafa Ekhial, a surgeon, said the wounds caused by NATO’s bombs were far worse than those the staff had treated for months. “We have to tell the truth,” he said. “What we saw that night was completely different.”

In previous statements, NATO said it watched the homes carefully before attacking and saw “military staging areas.” It also said that it reviewed the strikes and that claims of civilian casualties were not corroborated by “available factual information.” When asked what this information was, the alliance did not provide it.

Mr. Gafez issued a challenge. An independent review of all prestrike surveillance video, he said, would prove NATO wrong. Only civilians were there, he said, and he demanded that the alliance release the video.

Ms. Younes said the dispute missed an essential point. Under NATO’s targeting guidelines and in keeping with practices the alliance has repeatedly insisted that it followed, she said, if civilians were present, aircraft should not have attacked.

The initial findings on the Majer strikes, part of the United Nations’ investigation into actions by all sides in Libya that harmed civilians, have raised questions about the legality of the attack under international humanitarian law, according to an official familiar with the investigation.

Homes as Targets

NATO’s strikes in Majer, one of five known attacks on apparently occupied residences, suggested a pattern. When residential targets were presumed to be used by loyalist forces, civilians were sometimes present — suggesting holes in NATO’s “pattern of life” reviews and other forms of vetting.

Airstrikes on June 20 in Surman leveled homes owned by Maj. Gen. El-Khweldi el-Hamedi, a longtime confidant of Colonel Qaddafi and a member of his Revolutionary Council. NATO has said the family compound was used as command center.

The family’s account, partly confirmed by rebels, claimed that the strikes killed 13 civilians and wounded six more. Local anti-Qaddafi fighters corroborated the deaths of four of those killed — one of the general’s daughters-in-law and three of her children.

General Hamedi was wounded and has taken refuge in Morocco, said his son Khaled. Khaled has filed a lawsuit against NATO, claiming that the attack was a crime. He said that he and his family were victims of rebel “fabrications,” which attracted NATO bombs.

On Sept. 25, a smaller but similar attack destroyed the residence of Brig. Gen. Musbah Diyab in Surt, neighbors and his family members said.

General Diyab, a distant cousin of Colonel Qaddafi, was killed. So were seven women and children who crowded into his home as rebels besieged the defenses of some of the Qaddafi loyalists’ last holdouts, witnesses said.

By this time, tables in Libya had turned. The remaining loyalists held almost no territory. They were a dwindling, disorganized lot. It was the anti-Qaddafi forces who endangered civilians they suspected of having sympathies for the dying government, residents of Surt said.

On a recent afternoon, Mahmoud Zarog Massoud, his hand swollen with an infection from a wound, wandered the broken shell of a seven-story apartment building in Surt, which was struck in mid-September. His apartment furniture had been blown about by the blast.

He approached the kitchen, where, he said, he and his wife had just broken their Ramadan fast when ordnance hit. “We were not thinking NATO would attack our home,” he said.

Judging by the damage and munitions’ remains, a bomb with a delayed fuze struck another wing of the building, burrowed into another apartment and exploded, blasting walls outward. Debris flew across the courtyard and through his kitchen’s balcony door.

His wife, Aisha Abdujodil, was killed, both her arms severed, he said. Bloodstains still marked the floor and walls.

Provided written questions, NATO declined to comment on the three strikes on homes in Surman and Surt.

C. J. Chivers reported from Libya, and Eric Schmitt from Washington, Brussels and Naples, Italy.

Read More

CIA, MI6 helped Gaddafi on dissidents: rights group


09/03/2011

By Yvonne Bell
     reuters.com

(Reuters) - Documents found in the abandoned Tripoli office of Muammar Gaddafi`s intelligence chief indicate the U.S. and British spy agencies helped the fallen strongman persecute Libyan dissidents, Human Rights Watch said on Saturday.

The documents were uncovered by the human rights activist group in the abandoned offices of Libya`s former spy chief and foreign minister, Moussa Koussa.

The group said it uncovered hundreds of letters between the CIA, MI6 and Koussa, who is now in exile in London. Letters from the CIA began, "Dear Moussa," and were signed informally with first names only by CIA officials, Human Rights Watch said.

The current military commander for Tripoli of Libya`s provisional government, Abdel Hakim Belhadj, was among those captured and sent to Libya by the CIA, Human Rights Watch said.

"Among the files we discovered at Moussa Koussa`s office is a fax from the CIA dated 2004 in which the CIA informs the Libyan government that they are in a position to capture and render Belhadj," Human Rights Watch`s Peter Bouckaert, who was part of the group that found the stash, told Reuters.

"That operation actually took place. He was captured by the CIA in Asia and put on a secret flight back to Libya where he was interrogated and tortured by the Libyan security services."

The files shed new light on the practice known as rendition, used by the United States under former President George W. Bush, in which the terrorism suspects were handed over to other countries for interrogation. Rights groups have criticized the United States for sending these suspects to countries where they were likely to be tortured.

HANDED OVER FOR TORTURE

Belhadj has said that he was tortured by CIA agents before being transferred to Libya, where he says he was then tortured at Tripoli`s notorious Abu Salim prison.

Western intelligence services began cooperating with Libya after Gaddafi abandoned his programme to build unconventional weapons in 2004. But the files show his cooperation with the CIA and MI6 may have been more extensive than previously thought, analysts say.

The depth of the ties could anger officials in Libya`s provisional government -- many of whom are long-term opponents of Gaddafi and are now responsible for charting a new path for Libya`s foreign relations.

Bouckaert showed Reuters photos of several documents on his computer and also photos of letters he said were from the CIA to Koussa and were signed, "Steve." He also displayed photographs he said were of letters from MI6 giving Libyan intelligence information on Libyan dissidents in Britain.

"Our concern is that when these people were handed over to the Libyan security they were tortured and the CIA knew what would happen when they sent people like Abdel Hakim into the hands of the Libyan security services," Bouckaert said.

In Washington, CIA spokeswoman Jennifer Youngblood, without commenting on any specific allegation or document, said: "It can`t come as a surprise that the Central Intelligence Agency works with foreign governments to help protect our country from terrorism and other deadly threats. That is exactly what we are expected to do."

A U.S. official, speaking on condition of anonymity, added: "There are lots of countries willing to take terrorists off the street who want to kill Americans. That doesn`t mean U.S. concerns about human rights are ignored in the process."

"Let`s keep in mind the context here," the official added. "By 2004, the U.S. had successfully convinced the Libyan government to renounce its nuclear weapons program and to help stop terrorists who were actively targeting Americans in the US and abroad."

A British government spokesman told Reuters that Britain did "not comment on intelligence matters."

More recent documents showed that after the war broke out six months ago, Libya reached out to a former rebel group in the breakaway Somali state of Puntland, the Somali Salvation Front, asking them to send 10,000 fighters to Tripoli to help defend Gaddafi.

(Additional reporting by Jim Wolf in Washington; Writing by Barry Malone; Editing by Alastair MacdonaldCaroline Drees and Will Dunham)

Read More

Obama’s War on Libya: A Constitutional View


03/25/2011

By Michael Boldin
     Tenth Amendment Center

With military action taking place in Libya right now, the essential question must be asked: Is it even Constitutional? For those of you who don’t want to read more than a sentence or two, here’s the short answer. Absolutely not.

DELEGATED POWERS

The ninth and tenth amendments, while they didn’t add anything new, defined the Constitution. In short, they tell us that the federal government is only authorized to exercise those powers delegated to it in the Constitution…and nothing more. Everything else is either prohibited or retained by the states or people themselves.

What does this have to do with Libya? Well, whenever the federal government does anything, the first question should always be, “where in the Constitution is the authority to do this?” What follows here is an answer regarding American bombs being dropped on Libya.

WHO DECIDES?

Ever since the Korean War, Article II, Section 2 of the Constitution has been regularly cited as justification for the President to act with a seemingly free reign in the realm of foreign policy – including the initiation of foreign wars. But, it is Article I, Section 8 of the Constitution that lists the power to declare war, and this power is placed solely in the hands of Congress.

Article II, Section 2, on the other hand, refers to the President as the “commander-in-chief of the army and navy of the United States.” What the founders meant by this clause was that once war was declared, it would then be the responsibility of the President, as the commander-in-chief, to direct the war.

Alexander Hamilton clarified this when he said that the President, while lacking the power to declare war, would have “the direction of war when authorized.”

Thomas Jefferson reaffirmed this quite eloquently when, in 1801, he said that, as President, he was“unauthorized by the Constitution, without the sanction of Congress, to go beyond the line of defense.”

In Federalist #69, Alexander Hamilton explained that the President’s authority:

“would be nominally the same with that of the King of Great Britain, but in substance much inferior to it. It would amount to nothing more than the supreme command and direction of the military and naval forces, as first general and admiral of the confederacy; while that of the British king extends to the declaring of war, and to the raising and regulating of fleets and armies; all which by the constitution under consideration would appertain to the legislature.”

James Madison warned us that the power of declaring war must be kept away from the executive branch when he wrote to Thomas Jefferson:

“The constitution supposes, what the history of all governments demonstrates, that the executive is the branch of power most interested in war, and most prone to it. It has accordingly with studied care vested the question of war in the legislature.”

WORDS HAVE MEANING

  • A D V E R T I S E M E N T

If, like any legal document, the words of the Constitution mean today just what they meant the moment it was signed, we must first look for the 18th Century meaning of the words used. Here’s a few common 18th-century definitions of the important words:

WarThe exercise of violence against withstanders under a foreign command.
DeclareExpressing something before it is promised, decreed, or acted upon.
InvadeTo attack a country; to make a hostile entrance

What does this all mean? Unless the country is being invaded, if congress does not declare war against another country, the president is constitutionally barred from waging it, no matter how much he desires to do so. Pre-emptive strikes and undeclared offensive military expeditions are not powers delegated to the federal government in the Constitution, and are, therefore, unlawful.

HOW IT APPLIES TODAY

Here’s the quick overview of how this all plays out:

  • In Constitutional terms, the United States is currently at war with Libya.
  • Libya is not invading the United States, nor has it threatened to do so.
  • Congress has not declared war. Barack Obama did.

Some would claim, and news articles are already reporting on it, that the 1973 war powers resolution authorizes the President to start a war as long as it’s reported to Congress within 48 hours. Then, Congress would have 60 days to authorize the action, or extend it.

The only question you should have to ask for this would be – “where in the Constitution is congress given the authority to change the constitution by resolution?”

It doesn’t. And that resolution, in and of itself, is a Constitutional violation. More on that in a future article, of course.

James Madison had something to say about such a plan when he wrote:

“The executive has no right, in any case, to decide the question, whether there is or is not cause for declaring war.” [emphasis added]

War Powers resolution or no war powers resolution – without a Congressional declaration, the president is not authorized to start an offensive military campaign. Period.

Stock up with Fresh Food that lasts with eFoodsDirect (Ad)

The bottom line? By using US Military to begin hostilities with a foreign nation without a Congressional declaration of war, Barack Obama has committed a serious violation of the Constitution. While he certainly is not the first to do so in regards to war powers, it’s high time that he becomes the last.

Michael Boldin [send him email] is the founder of the Tenth Amendment Center. He was raised in Milwaukee, WI, and currently resides in Los Angeles, CA. Follow him on twitter – @michaelboldin– and visit his personal blog – www.michaelboldin.com

Read More

Reactor Core May Be Breached at Damaged Fukushima Plant


03/25/2011

By Go Onomitsu and Takashi Hirokawa
     Bloomberg.com

Japan’s nuclear regulator said one reactor core at the quake-damaged Fukushima Dai-Ichi power plant may be cracked and leaking radiation.

“It’s very possible that there has been some kind of leak at the No. 3 reactor,” Hidehiko Nishiyama, a spokesman at the Japan Nuclear and Industrial Safety Agency, said in Tokyo today. While radioactive water at the unit most likely escaped from the reactor core, it also could have originated from spent fuel pools stored atop the reactor, he said.

Repair work at the site of the worst nuclear disaster since Chernobyl has been plagued by explosions, fires and leaks of toxic material. Prime Minister Naoto Kan told a press conference that efforts to bring the reactor under control haven’t yet reached a stage where the government can let down its guard.

“Even if there has been encouraging news such as getting some power back to the site, the installation remains in an extremely precarious and very serious situation that has not yet been stabilized,” Thomas Houdre, head of reactors at France’s nuclear safety agency, told reporters in Paris.

Workers using fire engines have streamed 4,000 tons of water on the No. 3 reactor, five times more than any of the other five units, according to the government.

Radiation Burns

Two plant workers were hospitalized yesterday with radiation burns after stepping in the water, which was found to have radiation levels 10,000 times higher than water used in reactor cooling, Nishiyama said earlier today.

Tokyo Electric Power Co., the plant operator, said it found eight different radioactive materials in the water of the turbine building basement, where the men were attempting to connect a power cable. The materials are made through a process of fission, and include cobalt and molybdenum-99, a spokesman for the power utility said.

Tokyo Electric plans to drain radioactive water from the turbine building of the No. 3 unit where the accident occurred, spokesman Osamu Yokokura said. It has yet to determine how and when to do this, he said.

“The water that is coming out of that area is much higher in terms of radiation and this is obviously complicating the clean up,” said Tony Roulstone, an atomic engineer who directs the University of Cambridge’s master’s program in nuclear energy. “If it’s leaking out then they have to figure out some way to contain this water.”

The March 11 quake, Japan’s biggest ever, left the plant without power needed to cool nuclear fuel rods. Japan today advised more people living close to the nuclear plant to evacuate because basic goods are in short supply, while assuring them that radiation levels haven’t risen.

Evacuation Zone

The recommendation applies to residents living between 20 kilometers (12 miles) and 30 kilometers from the Fukushima Dai- Ichi facility, which was damaged by the March 11 earthquake and tsunami. The government previously evacuated everyone living closer to the plant.

“It’s becoming difficult for people to live a normal life and we can’t rule out the possibility of broadening the mandatory evacuation if radiation levels rise,” Chief Cabinet Secretary Yukio Edano told reporters in Tokyo today. “We will make maximum efforts to ensure a smooth, voluntary withdrawal by providing transportation and shelter.”

The death toll from the quake and tsunami climbed to 10,066 as of 3 p.m. with 17,443 people missing, according to the National Police Agency in Tokyo.

The spread of radiation to food and water supplies prompted bulk-buying of bottled drinks even as the government said the health threat remained minimal.

Exceed Limits

Radioactive cesium above the government limit was found on komatsuna, a leafy vegetable known as Japanese mustard spinach, harvested in Tokyo’s Edogawa ward, authorities said yesterday. That indicates radioactive elements have spread 220 kilometers (135 miles) south of the Fukushima plant.

A sample collected on March 20 from an open field contained 890 becquerels per kilogram of radioactive cesium, Japan’s Health Ministry said on its web site. The safety limit is 500 becquerels. Consuming 1 kilogram of komatsuna would yield a radiation exposure of 0.01 millisieverts, or a third of exposure to cosmic rays on a flight from New York to Los Angeles.

Cancer Risk

Exposure to radiation from cesium-137 increases the risk of cancer, and high doses can cause serious burns and death, according to the U.S. Environmental Protection Agency.

Tokyo authorities already were handing out bottled water after determining that tap water may be unsafe for babies. Radioactive iodine in tap water was above the government limit for infants today in Utsunomiya, a city about 80 miles southwest of the plant, Kyodo News reported.

Changing weather systems will drive radiation from the Fukushima plant over the Pacific Ocean today, Austria’s Meteorological and Geophysics Center reported, citing data from the United Nations nuclear-test ban treaty organization

Wind will carry the radionuclides for a “short while” inland, the center said on its website. Reactors at Fukushima may have released as much as 20 percent of the radioactive iodine and up to 60 percent of the radioactive cesium that resulted from the Chernobyl meltdown in 1986, according to the report yesterday.

The maximum radiation reading reported so far at the nuclear plant is 500 millisieverts per hour, meaning a worker in the vicinity would receive the maximum-allowed dose in 30 minutes.Tokyo Electric said 17 workers had received more than 100 millisieverts of radiation since the crisis started.

U.S. Navy ships carrying out Japan relief efforts have been ordered to stay outside a 100-nautical-mile radius of the Fukushima plant. Tokyo is 135 miles south of Dai-Ichi. The nuclear-powered aircraft carrier USS George Washington this week left port at Yokosuka, 175 miles south from the plant, to avoid getting residual traces of radiation on the vessel, which could trigger alarms and require extensive cleanup.

To contact the reporters on this story: Go Onomitsu in Tokyo at gonomitsu@bloomberg.net; Takashi Hirokawa in Tokyo at thirokawa@bloomberg.net

To contact the editor responsible for this story: Timothy Coulter at tcoulter@bloomberg.net

Read More

12/18/2011 - In Strikes on Libya by NATO, an Unspoken Civilian Toll

09/03/2011 - CIA, MI6 helped Gaddafi on dissidents: rights group

03/25/2011 - Obama’s War on Libya: A Constitutional View

03/25/2011 - Reactor Core May Be Breached at Damaged Fukushima Plant

03/21/2011 - Kucinich: Obama could be impeached for attacking Libya

01/02/2011 - "No Refusal" DUI Blood Test Goes Nationwide funded on Federal Grant Money

12/08/2010 - Critics Of Big Sis/Wal-Mart Spy Campaign Branded Insane

12/04/2010 - Conspiracy Theory with Gov. Jesse Ventura "Worldwide Water Conspiracy"

08/22/2010 - Orwell in charge? Kucinich compares Iraq ‘exit’ to Bush’s ‘Mission Accomplished’

07/10/2010 - Obama Science Czar Called For Global Carbon Tax

07/01/2010 - Kagan Gets Grilled On What Are Our Inalienable Rights

06/27/2010 - Is Petraeus McChrystal’s Replacement or Obama’s?

06/25/2010 - Scientist is first man to be `infected` by computer virus

06/25/2010 - 80% chance of Gulf-bound tropical depression in Caribbean

06/12/2010 - Prince of Wales calls for population control in developing world

06/12/2010 - Saudi Arabia gives Israel clear skies to attack Iranian nuclear sites

06/09/2010 - Infowars.com Receives “Rise of the New Right” Script

06/09/2010 - 39 dead in blast at Afghanistan wedding

06/02/2010 - Glenn Greenwald Destroys MSNBC’s Defense of Israeli Attack

05/31/2010 - Israeli Envoys Summoned Across Europe

05/16/2010 - New York midwives lose right to deliver babies at home

05/10/2010 - SHOCKING VIDEO: Professor Calls for Mexican Revolt in America

04/30/2010 - Congressman Waxman sneaks anti-vitamin amendment into Wall Street reform bill

04/27/2010 - Arizona – Classic Problem Reaction Solution

04/26/2010 - CIA Director Says Cyber Attack Could Be Next “Pearl Harbor”

04/24/2010 - 18 veterans kill themselves every day: report

03/16/2010 - John McCain’s Attack On Liberty

03/14/2010 - Citibank exposes 600,000 customers` Social Security numbers

03/14/2010 - Story on Mystery Substance Distracts from Fact Fluoride is a Deadly Killer

03/13/2010 - FEMA`s sells off Katrina trailers tainted with formaldehyde

03/13/2010 - ID Card for Workers at Center of Immigration Plan

03/07/2010 - A Detention Bill You Ought to Read More Carefully

03/07/2010 - POLICE STATE: NYPD Police Officer Admits to arrest quotas

02/14/2010 - Climategate U-turn as scientist at centre of row admits: There has been no global warming since 1995

01/31/2010 - The Sharp Dressed Man Who Aided Mutallab Onto Flight 253 Was U.S. Government Agent

01/30/2010 - Taxpayers pay $101,000 for Pelosi in-flight food & booze

01/30/2010 - UN chief knew about climate change error EIGHT WEEKS before summit

01/16/2010 - George W. Obama

01/01/2010 - Exclusive: FBI Silent On Plane Bomber’s Accomplice

12/17/2009 - See the Video: Gore’s Outrageous Lie On Arctic Ice

12/03/2009 - Its Over Al Gore!

11/30/2009 - Out of 5.5 million articles written about Climategate around the world, CNN has 0

11/22/2009 - Sweeteners for the South

10/16/2009 - US Military Spending Vs. The World, 2008

09/09/2009 - DHS Enlists Girl Scouts for National Citizen Preparedness Effort

08/29/2009 - ABC Hypocrisy Over Ad Critical Of Nationalized Healthcare

08/20/2009 - Shepard Fairey declared new Propaganda Czar

08/14/2009 - Audio Unearthed: Obama in His Own Words Wants Mandatory Civil or Military Service

08/13/2009 - Foreclosures rise 7 percent in July from June

08/08/2009 - White House Move to Collect 'Fishy' Info May Be Illegal, Critics Say

07/27/2009 - New Taser Gun can shock 3 at a time

07/27/2009 - Conyers Sees No Point in Members Reading 1,000 Page Health Care Bill

07/14/2009 - What a spectacle, this country is a joke. FACT CHECK Sotomayor quote altered by Senator

07/07/2009 - CARBON TAX HERE WE COME

07/02/2009 - Stewart blasts former CIA analyst for rooting for bin Laden attack

07/02/2009 - Bureaucrats Will Carry Out Mandatory Home Inspections Under Climate Bill

06/23/2009 - Scheuer: Obama Managed To Keep His Big Mouth Shut While Israelis Killed 1500 People In Gaza

06/20/2009 - FDA Threatens to Seize All Natural Products that Dare to Mention H1N1 Swine Flu

06/08/2009 - TODAY SHOW MOCKS OBAMA TELEPROMPTER..

06/06/2009 - New Orleans mayor quarantined in China for possible flu exposure

05/27/2009 - Meet the Carbon Nine

05/27/2009 - US killed 97 Afghan civilians in two days: Probe

05/15/2009 - Ending the War on Drugs: The Moment is Now

05/08/2009 - Lieberman and Graham Urge Obama to Keep Hiding Detainee Abuse Photos

05/08/2009 - Criminalizing Criticism of Israel

04/24/2009 - Previous Swine Flu Outbreak Originated At Fort Dix

03/28/2009 - GIVE Act outlaws citizens' right to protest

03/24/2009 - Senate Rubber Stamps National Enslavement Bill

03/24/2009 - Geithner seeks new powers over financial companies

03/15/2009 - Cheney “Assassination Unit” Still Active Under Obama, Including Domestically

03/14/2009 - John Dean: Cheney is guilty of murder if Hersh claims are true

03/01/2009 - Democrats Introduce Public National Service Bills

02/23/2009 - Pope warns on new eugenics based on beauty

02/19/2009 - It's Time To Put People In there Place

02/18/2009 - Massachusetts may consider a mileage charge

02/15/2009 - -Pork- Bailout Bill Could Ban Guns for Millions of Americans

02/15/2009 - U.S. Military Will Offer Path to Citizenship

02/13/2009 - Vogue Cover - Michelle Makes The Hand Signal

02/11/2009 - The HPV vaccine: Ashley Ryburn tells her story

02/11/2009 - Sports in America = WWF

02/08/2009 - Tell us the truth about torture, Mr Miliband

02/01/2009 - Bank of America: Bad for America

01/28/2009 - How realistic is a North American currency?

01/25/2009 - Downturn Accelerates As It Circles The Globe

01/16/2009 - Any time you want to speak up there Mr Change!!

01/11/2009 - Obama On Appointing Special Prosecutor To Investigate Bush Crimes: We Need To Look Forward

12/31/2008 - National Guard Soldiers to Usher in New Year at Times Square

12/29/2008 - Barack Obama on Israely deadly attacks on Gaza: No comment

12/26/2008 - Retailers Want In on Stimulus Plan

12/23/2008 - 4 recruiter suicides lead to Army probe

12/19/2008 - Barack Obama: The Naked Emperor

12/11/2008 - Ron Paul: Printing Money Only Prolongs The Pain

12/11/2008 - Corporate Newspaper Columnist Backpedals on World Government Story

12/10/2008 - The Days of Uncertainty

12/05/2008 - Employers cut 533,000 jobs in November

12/03/2008 - Governing In the State Of Fear

11/28/2008 - BLACK FRIDAY AND THE FORESEEABLE DEBT CRISIS

11/28/2008 - Food Prices Will Rise, Causing Export Bans, Riots: Chart of Day

11/28/2008 - New crisis, in commercial real estate, looms

11/26/2008 - Bailouts: $7 trillion and rising

11/26/2008 - Black Friday: It has to be big, and bold

11/25/2008 - Peter Schiff Was Right

10/28/2008 - The end of the road for U.S. car makers?

10/24/2008 - WeAreChangeIreland EU Calls For 'New World Governance'

10/23/2008 - EU President Calls For “Global Governance” To Solve Financial Crisis

10/03/2008 - U.S. Sheds 159,000 Jobs; 9th Straight Monthly Drop

10/03/2008 - Subpoenas upheld in Palin trooper investigation

10/03/2008 - California may need $7 billion federal loan

10/03/2008 - Employers cut jobs by most in more than 5 years

10/03/2008 - French PM says world on edge of abyss

10/02/2008 - Taiwan recalls Nestlé milk products

10/01/2008 - Senate takes up plan to buy $700B in assets. Backers hope add-ons will entice foes.

10/01/2008 - Nearly 1 in 5 car dealerships could fail

10/01/2008 - U.S. in Nuclear Talks With N. Korea

10/01/2008 - US drone kills six in Pakistan

09/25/2008 - Has the Election Just Been Cancelled?

09/25/2008 - Guantanamo prosecutor steps down

09/25/2008 - Feds bailout plan met with skepticism out West

09/25/2008 - Rep. Waters Says Providing Additional Iraq War Funding in Time of Crisis is Shameful

09/25/2008 - China banks told to halt lending to US banks

09/24/2008 - A call for warnings on energy drinks

09/24/2008 - Key finance firms probed by FBI

09/24/2008 - U.S. Troops In Homeland, Crowd Control Patrols From October 1st

09/24/2008 - Homeschooling Banned in California as State Turns Parents Into Criminals for Teaching Their Own Children

09/22/2008 - Oil skyrockets, hits $130

09/22/2008 - Congress scrambles on rescue bill

09/22/2008 - Russian navy sails to Venezuela

09/22/2008 - Morgan Stanley in 20% stake sale

09/20/2008 - Explosion at Pakistan Marriott hotel kills 40

09/18/2008 - Russia ratchets up US tensions with arms sales to Iran and Venezuela

09/18/2008 - Rising Deficits -- Don't Blame the Economy

09/18/2008 - U.S. Government Mandates HPV Vaccine For New US Residents

09/18/2008 - Central banks $247 billion deal

09/18/2008 - Iraq: Seven U.S. soldiers killed in chopper crash

09/17/2008 - Tainted formula kills 3 babies, sickens 6,000

09/17/2008 - Gold prices post biggest 1-day gain ever

09/17/2008 - House Passes Bill To Expand Drilling, Fund Renewables

09/17/2008 - US Embassy Suicide Attack Kills 16

09/17/2008 - What does it mean when Palin won’t cooperate with legislative investigation?

09/16/2008 - Fed to lend $85 billion to AIG, take 80 percent stake

09/16/2008 - Did McCain economy gaffe prompt a correction?
Republican maintains conditions are fundamentally strong despite meltdown

09/16/2008 - H-P to slash nearly 25,000 jobs as part of EDS deal

09/15/2008 - Lehman Lists Debts Of $613 Billion In Chapter 11 Filing Monday

09/10/2008 - Federal Shortfall To Double This Year Next President To Inherit Deficit Of $500 Billion

09/10/2008 - Damon rips Palin, calls her Terrifying

09/10/2008 - U.S. approves $330 million in arms deals for Israel

09/10/2008 - 65 Miles to the Gallon

09/10/2008 - Hard Fall: What Happened to NBC?

09/10/2008 - Enron investors to split billions from lawsuit

09/08/2008 - Drill, baby, drill: Host says Palin the next Cheney on energy

09/05/2008 - Cigarette Company Marlboro Sponsors Children’s School Uniforms

09/05/2008 - Army: soldier suicide rate may set record again

09/05/2008 - US navy ship steams into port where Russian troops stationed

08/29/2008 - Comcast to limit customers' broadband usage

08/21/2008 - US, Poland OK missile defense base, riling Moscow

08/21/2008 - Judgment? McCain Says He'd Have Picked Cheney, Rumsfeld

08/21/2008 - Russia Checkmates the Neocons

08/21/2008 - Saddest Picture You'll See Today

08/21/2008 - Border Patrol Officer Pleads Guilty To Jack Bauer Imitation

08/21/2008 - Man arrested and locked up for five hours after taking photo of police van ignoring 'no entry' sign

08/19/2008 - Wholesale prices rising at fastest pace since 1981

08/12/2008 - Largest Naval Deployment Since 1991 Heads For Persian Gulf

08/10/2008 - Would Obama prosecute the Bush administration for torture?

08/03/2008 - EYES OF WAR

07/30/2008 - Bush drug warrior crashes pot press conference

07/29/2008 - Blackwater protected Barack Obama in Afghanistan

07/28/2008 - Pakistan has right to retaliate if allied forces attacked: President

07/27/2008 - MOVIE FANS TO GET BOMB FRISK

07/28/2008 - This Time, It's Different

07/28/2008 - Istanbul rocked by bomb attacks

07/28/2008 - Al Qaeda chemist likely target of U.S. missile strike

07/25/2008 - Schools eye four-day week to cut fuel costs

07/25/2008 - Foreclosure filings up 120%

07/22/2008 - 'US will strike targets in Pakistan'

07/21/2008 - NEW! Meria's interview with Jesse Ventura!

07/13/2008 - Red Cross finds Bush administration guilty of war crimes

07/13/2008 - IndyMac Bank seized by federal regulators

07/11/2008 - Arizona Law Professor: McCain Not Eligible To Be President

07/10/2008 - Inside the Bush White House's Nonstop Propaganda War

06/28/2008 - Video: War camp kids chant Ooh, aah, ooh, aah, I want to kill somebody.

06/24/2008 - Many Dutch prepare for 2012 apocalypse

06/23/2008 - Kristol: Bush might attack Iran if he thinks Obama will win

06/21/2008 - UN warns attack on Iran will spark 'fireball' in Middle East

06/20/2008 - Chavez warns may shut off Venezuela oil to Europe

06/20/2008 - Israel silent on rehearsal for Iran war

06/15/2008 - In The Great Tradition: Obama Is A Hawk

06/17/2008 - The New Iraq Doesn't Include Us

06/06/2008 - Obama’s Office Won’t Deny Senator Attended Bilderberg

06/01/2008 - 5-27-08: Racial profiling inhabits some state voter registration systems

05/31/2008 - Bush Election Fraud Mechanics - Part One

05/31/2008 - Florida, Michigan get all delegates, but each gets half vote

05/29/2008 - Bush’s laws will be scrutinized if I become president, Obama says

05/26/2008 - Keith Olbermann Special Comment: Clinton-Obama Assassination