A Cruel and Unusual Record
By JIMMY CARTER
Published: June 24, 2012
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THE United States is abandoning its role as the global champion of human rights.
Revelations
that top officials are targeting people to be assassinated abroad,
including American citizens, are only the most recent, disturbing proof
of how far our nation’s violation of human rights has extended. This
development began after the terrorist attacks of Sept. 11, 2001, and has
been sanctioned and escalated by bipartisan executive and legislative
actions, without dissent from the general public. As a result, our
country can no longer speak with moral authority on these critical
issues.
While the country has made mistakes in the past, the widespread abuse of
human rights over the last decade has been a dramatic change from the
past. With leadership from the United States, the Universal Declaration of Human Rights
was adopted in 1948 as “the foundation of freedom, justice and peace in
the world.” This was a bold and clear commitment that power would no
longer serve as a cover to oppress or injure people, and it established
equal rights of all people to life, liberty, security of person, equal
protection of the law and freedom from torture, arbitrary detention or
forced exile.
The declaration has been invoked by human rights activists and the
international community to replace most of the world’s dictatorships
with democracies and to promote the rule of law in domestic and global
affairs. It is disturbing that, instead of strengthening these
principles, our government’s counterterrorism policies are now clearly
violating at least 10 of the declaration’s 30 articles, including the
prohibition against “cruel, inhuman or degrading treatment or
punishment.”
Recent legislation has made legal the president’s right to detain a
person indefinitely on suspicion of affiliation with terrorist
organizations or “associated forces,” a broad, vague power that can be
abused without meaningful oversight from the courts or Congress (the law
is currently being blocked by a federal judge). This law violates the
right to freedom of expression and to be presumed innocent until proved
guilty, two other rights enshrined in the declaration.
In addition to American citizens’ being targeted for assassination or indefinite detention, recent laws have canceled the restraints
in the Foreign Intelligence Surveillance Act of 1978 to allow
unprecedented violations of our rights to privacy through warrantless
wiretapping and government mining of our electronic communications.
Popular state laws permit detaining individuals because of their
appearance, where they worship or with whom they associate.
Despite an arbitrary rule that any man killed by drones is declared an
enemy terrorist, the death of nearby innocent women and children is
accepted as inevitable. After more than 30 airstrikes on civilian homes
this year in Afghanistan, President Hamid Karzai has demanded that such
attacks end, but the practice continues in areas of Pakistan, Somalia
and Yemen that are not in any war zone. We don’t know how many hundreds
of innocent civilians have been killed in these attacks, each one
approved by the highest authorities in Washington. This would have been
unthinkable in previous times.
These policies clearly affect American foreign policy. Top intelligence
and military officials, as well as rights defenders in targeted areas,
affirm that the great escalation in drone attacks has turned aggrieved
families toward terrorist organizations, aroused civilian populations
against us and permitted repressive governments to cite such actions to
justify their own despotic behavior.
Meanwhile, the detention facility at Guantánamo Bay,
Cuba, now houses 169 prisoners. About half have been cleared for
release, yet have little prospect of ever obtaining their freedom.
American authorities have revealed that, in order to obtain confessions,
some of the few being tried (only in military courts) have been
tortured by waterboarding more than 100 times or intimidated with
semiautomatic weapons, power drills or threats to sexually assault their
mothers. Astoundingly, these facts cannot be used as a defense by the
accused, because the government claims they occurred under the cover of
“national security.” Most of the other prisoners have no prospect of
ever being charged or tried either.
At a time when popular revolutions are sweeping the globe, the United
States should be strengthening, not weakening, basic rules of law and
principles of justice enumerated in the Universal Declaration of Human
Rights. But instead of making the world safer, America’s violation of
international human rights abets our enemies and alienates our friends.
As concerned citizens, we must persuade Washington to reverse course and
regain moral leadership according to international human rights norms
that we had officially adopted as our own and cherished throughout the
years.