Reflections – May 2012
Friends: Those who’ve followed these postings know that my legal battle with the federal government over a $16,000 fine (for traveling to Iraq to bring medicine without a U.S. license) has ended. The judge dismissed the government’s efforts to collect saying the government waited too long to sue. See Bert’s Case for a history of the legal issues.
I’ve decided to continue to reflect on what these past years working on the Iraq sanctions issue have meant to me. Was it worth it? What have I learned? How has it changed me?
As part of my personal reflections, I realize there are two factual areas which need further mention: they involve the U.S. Courts and the U.S. State Department.
In 1996, when I first began to understand what we were doing to the Iraqi people, I could not believe that it would be judged legal. I wanted to get into court to present the evidence and argue against the policy. Thanks to lawyers at the firm of Garvey Schubert Barer – especially to attorney Don Scaramastra – we began a law suit against the Office of Foreign Assets Control (OFAC), the federal agency which oversees U.S. sanctions.
The years of our law suit against OFAC have been a real-world education for me. After OFAC fined me $10,000 I replied to them with these words: “I want to explain here, as I would to any personal friends of mine, why I have done this ….” It was my initial effort to begin a dialogue with the people who fined me for going to Iraq to bring medicine.
From a biography of Mahatma Gandhi titled My Life is My Message by Narayan Desai, I recently came across this paragraph: “Those who are convinced that truth and justice is on their side seize every opportunity of entering into a dialogue with the opponent. Those who use physical force do not comprehend the power of thoughts and disregard the efficacy and validity of the process of dialogue.”
I cannot think of a better comment on my initial efforts responding to the fine.
After 15 years of dealing with OFAC – including supplying them with over 100 pages of documentation showing what sanctions were doing – I have never had one word of response to my efforts to discuss the substance of what U.S. policy was doing. Perhaps I should not be too surprised. But I really expected more from our legal system.
In 2004 our law suit reached Judge James L. Robart in U.S. District Court. At the end of oral arguments he unexpectedly invited me to address the Court and, in part, I said this:
[I]f we have honored, accepted in some form either the Geneva Convention, the convention against genocide and the customary international law that we, I trust, should respect, then what prompted me in my trips to go to Iraq was the knowledge from the New England Journal of Medicine from 10 years ago, when I first discovered it, that 46,900 children in Iraq had died within the first eight months.
Now, I’ve been struggling for many years to find something that I could do that would help to be a responsible citizen of this country to stop this process which is clearly killing thousands of children every month.
If it is in fact correct that the customary international law that applies in this case, the rights of the children, the Geneva Convention, the Genocide Convention, cannot be brought in front of a domestic Court because the President [sic, and Congress] has standing to overrule those customary international laws, then that issue puts me, and I think all the other citizens of the country, in a quandary.
What can we do if we feel that some gross, terrible human rights violation is occurring under our government? And that to me is the central issue.
Judge Robart then replied to what I’d said:
Mr. Sacks, you’re right in that the issues that are before the Court many times involve legal principles that seem very separated from the facts that are also before the Court.
The Judge is saying that the undisputed facts of the case – that economic sanctions had caused the deaths of 100,000s of Iraqi children – were separate from “the legal principles” before the Court. And that in this case the legal principles render the facts irrelevant.
In short, if Congress chooses to kill Iraqi children and the Executive implements the policy – as long as they cross all the t’s and dot all the i’s – the legal principles trump any customary international law. And this includes the international prohibition of genocide.
That should be a shock to all of us who believe in the importance of the rule of law.
(Just to be clear: Judge Robart did not weigh the facts and then rule that U.S. policy on Iraq was not genocide; he did not rule that if U.S. policy on Iraq did constitute genocide it would nevertheless be legal; he did rule that Congress had prohibited anyone from raising a charge of genocide in federal court – except for the U.S. itself.)
It was not until after our appeal to the Ninth Circuit Court, when we were petitioning the U.S. Supreme Court to take up our case, that I learned of the legal concept jus cogens. Also called peremptory norms, they designate “a fundamental principle of international law which is accepted by the international community of states as a norm from which no derogation is ever permitted.”
Genocide is generally considered such a norm. My point is not to claim that U.S. policy on Iraq was genocide – legal scholars do debate that – but rather that in the suit we brought, the Court held U.S. law can override any international norm, even genocide!
(Of course the most egregious case is that the Courts refuse to rule on “the supreme international crime, initiating a war of aggression” – to quote Justice Jackson at Nuremberg – instead asserting it is a “political question” whether a war is a crime.)
After the Supreme Court refused to hear our case – including the jus cogens argument – I imagined my struggles on the legal front were over. But in March 2010, I was served notice that the Department of Justice was suing me to collect the fine which I’d refused to pay all these years. By this time, I had become fully convinced that the economic sanctions on Iraq – for the purpose of overthrowing the President of Iraq (as senior U.S. officials have clearly stated) by means of inflicting massive suffering on the Iraqi people – came to constitute the crime of international terrorism … according to our own laws.
My Declaration to the Court provides evidence and makes this argument very clearly.
U.S. District Judge Richard A. Jones presided over this case. He eventually dismissed the suit to collect the fine as being untimely. While that was a relief of sorts, I would have wished for him to hear the arguments I made in the material I provided the Court.
Even if he had already decided to rule on the narrow (and essentially technical) grounds of Statue of Limitations, was it not important to publicly listen to the facts that the U.S. had engaged in a massive crime of terrorism against the Iraqis? All the more so because the U.S. is now engaged in an essentially endless war against (yes, that’s right) terrorists.
I can only wonder if Judge Jones didn’t allow this evidence because of its relevance.
The education I’ve received from pursuing the matter in U.S. courts is that – whatever sympathy the judges may have with the issues I raised – they were unwilling to allow in their courts any serious legal challenge to a major official policy of the United States.
(For those who are new to this blog, earlier posts and pull-down menus contain much supporting evidence, many more details, and links to original sources where possible.)
I can see now that my reflections on the U.S. State Department will have to wait for next month. I also realize that I have more things of a general nature I want to reflect on.
For example, in my March posting I wrote about “activism as a tool for coming to truth.” My activism in the U.S. court system has certainly brought me closer to a truth about how our legal system operates when dealing with a major foreign-policy issue.
And that raises a related question: Do I really want to know truths like this?!
The answer to that question, I would say, depends on what I call my world-view “working hypothesis.” Others might call it their “faith” in how the world actually is. (Yes it’s true, I studied science and engineering in college, not theology.)
By a “working hypothesis” I mean, what do I suspect is true: Do I believe that knowing some truths will just make me miserable? Or do I believe that, in the end, finally knowing truths will bring me peace? (In religious terms, will the truth “set me free.”)
It was Mahatma Gandhi who famously said that “Truth is God.” In my April posting I quoted a former British diplomat who cited Gandhi on the intimate relation of means and ends – and who spoke about Gandhian nonviolence. I understand that Gandhian nonviolence is based on a world view that one must follow truth no matter where it leads – and by doing so, that process will bring one to peace within oneself and in the world.
The relevance of this view of nonviolence to our world today could not be more urgent. I (and many others) believe that the future of the Occupy Movement rests on an commitment to accepting nonviolent attitudes and following practices of nonviolence.
I am currently reading a four-volume biography of Gandhi by Narayan Desai, who grew up as a young boy with Gandhi in his ashram. His statement on “The Roots of Nonviolence” is available at tinyurl.com/GZpost1984Page1 which I find very helpful.
Finally, almost as a P.S. to this posting, I want to mention a talk I recently heard by Rocky Anderson. He is the former mayor of Salt Lake City, now the Presidential candidate of the newly formed Justice Party. As I have written much on this post about the rule of law, I want to commend and support him for his forthright criticism of the current policies of both political parties which so deeply undermine the rule of law. You can learn more about him — hear his Seattle talk a few days ago – and be inspired.
Hello Bert,.
Just wanted to make sure you know about the book recently published by Harvard University Press–Invisible War, The United States and the Iraq Sanctions. Perhaps your story is in it, it sounds pretty comprehensive.
Hi Sara — Thanks for pointing out Professor Joy Gordon’s fine book. I’ve mentioned it on our References page — also on the Blog page I quote from her recent article about sanctions from the Madison Capitol paper. She has consistently written about sanctions with great clarity over many years.
Dear Bert, thank you for your integrity and for the work you have done for peace for so many years.
Dear Bert: Thank you for being the voice of sanity in an insane world.
Dear Bert: Rock on !! As one of my favorite YouTube economic forcasters says “Last decade was the decade from sin. This will be the decade from Hell.” Integrity is the road less travelled, but you will be able to look at that Man in the Glass. As we roll into our grim future, let us hope that you are joined by millions on that road, because surely now the bill for our country’s policy sins is coming due. Satyagraha.
Hi, Thanks for what you are doing. How can we start a movement to end this Terrorism of the world by the United States Gov.?
David — I’m sorry to be so late (a whole month) in replying to your key question. The plan is to devote my March 11th posting to the question of What can we do? and How can we do it as effectively as possible? I believe it is only nonviolence — and the concomitant commitment to truth — that holds the power we need. In the meantime, encourage people to sign-up for a once-a-month mailing and spread the word. All of this will require sharing our collective wisdom and compassion.
I want to THANK YOU for being a true HUMANITARIAN in our Dark Times. Please keep up your good work, and keep reminding us of our conscience!
Bert, you always have led by example. Thank you for being a “beacon of light” in what seems to be a world of darkness.
I second Maryrose Asher’s comment, it could not have been put better. Thank you Bert for indeed lighting the darkness.
Please also at some point do credit in your wonderful writings, to Madeleine Albright (12th May 1996 – it is etched in one of the fragments of my broken heart) “We have heard that over half a million children have died, more than died in Hiroshima, is the price worth it?” (To – illegally – get rid of Saddam.) Albright: “It is a hard choice, but the price, we think the price is worth it.” She now “regrets” her comment. Not the sentiment, but that she expressed it. The comment should be engraved on her tombstone.
Love and solidarity, Bert, f xx
Felicity — If you look at the video at IraqiKids.org/media you’ll see that Democracy Now! gave me a chance to “address” Madeleine Albright. It made me glad that I’d looked at her memoir and could speak to the issue of what she and James Baker were doing.
I’ve seen you and heard you speak many times at Seattle events and want you to know you are someone who walks the talk. Your courage and conviction are inspiring.
Bert – Thanks for this site. You remain one of my heroes. Peace.
Bert,
Congratulations on your new web site. Bellingham is already spreading the word. We remain in solidarity with you and your case, and in gratitude for your determination and courage in active nonviolence.
Thank you, Ellen, and all the good folks in Bellingham. Spreading the word would be a great help to start this project off on a strong footing. I hope others reading this will help in this same way.
Bert,
I remember when you made the trip and events following. It’s a long road. I’ll pass the word. Keep moving.
Peace, Bernie
PS. My trips to India has opened to me the like realities to the adivasis and villagers in India. Genecidal.
Thank you, Bert, for all the time you spend doing these good things toward peace and justice.
And thank you, David, for all that Washington Physicians for Social Responsibility (WPSR) does … also as individuals and in other groups!
So glad that you got the medical care you needed. I know you have paid for your beliefs with your body, in the best tradition of kenosis…are you sure you’re not a Christian
?
We should add your story to the Blowback series by Chalmers Johnson. Yet another reason why “they” don’t like US.
Hello Bert,
I appreciated what you did then and what you are doing now. I have just shared this page on Facebook (over 600 FB friends), changing the title to, ‘Fined for saving the lives of Iraqi kids.’ Also shared the link on my website, too.
I included mention of your story in an early effort, back when I got fed up and started my website in 2008:
http://www.mcloughlinpost.com/jan1608IraqKucinichandDemDebate.html
Look forward to reading your articles.
Regards,
Diane
Dear Bert,
Your blog is so well documented and so much needed. As always, your work is thorough, important and timely. I hope you give Voices Education Project permission to republish your pieces each month and direct our membership back to your site. We must spread the word.
O, Yes, Marilyn. Of course Voices Education Project may have permission to use anything — especially my monthly articles — that’s on the website. And I thank you back for all of your fine work with Voices!
Thank you for simply being on this earth. Now it’s clear to me why you’re my hero!
Bert–I so appreciate your unwaving courage in speaking the truth
Let the truth prevail and those who speak the truth be blessed… Bert Sachs, you are blessed! You have chosen to take on the powerful dark forcess that are inflicting crimes against our very own humaninty and you should know you are not alone… We are with you and urge you to continue writting. Looking forward to reading more of your outstanding work… Education is the solution to all our problems… Alex
Thank you, Alex. I have long admired Mohandas Gandhi’s concept of satyagraha, of truth-force. That is what we have to turn to and rely on.
Bert,Thank you for your compassion and for being a faithful servant to the Iraqi kids. Bix
Oh, Bix, I can only say Thank You for all you’ve done over all the years as a truly faithful servant of so many!
Thank for the invitation Bert. Your continued effort to open the eyes of the American people on the tragic number of deaths and the horrible suffering “our impose sanctions” have had on the poor people of Iraq, especially the women and children, is very inspiring. You have many friends who respect and honor you for your since of justice, your kindness and love of your fellow human beings. It is high time we help you by telling everyone we know your courageous story and of how proud we are to know you as a wonderful example of person who loves his neighbor as himself.
Dear Bert,
You truly are satyagraha personified. You are so right, “Nonviolence is the only way”.
This website is a brilliant idea!! I will help spread the word
Thank you, Linda. On my 3rd emailing (3/11/11) I will try to deal with satyagraha — on the deepest level that I can, since that’s where I believe the real strength of truth-force comes from.
Dear Bert,
Thank you for not giving up on us!
Ever grateful to you,
barbara
Dear Bert,
On behalf of all Iraqis that have lived under and suffered severely from the imposed sanctions on nour country Iraq, I want to thank you and greet your bravery for speaking up the truth about what actually the sanctions were and how of a political tool it was to pressure the change of a regime on the expense of the millions of children, men and women in Iraq. My father have died as a consequence of the imposed sanctions, and my health conditions declined for the same reason during those years. I never thought nor imagined that there will be a time when our voices would be heard, but with your effort I have faith that my story and the stories of millions of Iraqis will hopefully reach the hearts and minds of the American people. Shukran.
Farah — I am deeply moved by your comment. As I wrote to a friend who has also traveled with me to Iraq, your expression of thanks makes that long 12-hour ride from Amman to Baghdad seem even more worthwhile. I reply to your thanks with my own back to you: Shukran Jezeelan.
Thanks so much Bert for your tireless commitment to peacebuilding in the formidable face of endless warmaking! You are a prophet and an inspiration. I thank God for your peaceful presence and friendship.
Thank you, Bert, for this amazing compilation of damning evidence. Thank you for clinging to the truth. Now your message will spread even further. –Your old roomate
Sunil, thanks for your kind words. And yes, I think the evidence is damning. But if you think this is damning, search for “Joy Gordon” and then “Robert Fisk” on our site’s Home page. They have written so much, so well, and so damning that it really is a wonder their work is so little known (here, at least). Always good to see you, as at the WPSR dinner.
thank you for standing strong against injustice. The forces (corporations) of the rich and powerful have lost any humanity they might have had in some past times. These are dark times.
I believe there is currently an unspoken movement to decimate the population by attacking the health and well being of the average person on this planet. The poisoning of our environment has caused untold dis-ease cancer anxiety suicide mass murder-that most of us refuse to talk about but too many are now falling for this to be ignored much longer. I only wish I had your courage so that I might stand strong and be a voice for reason.
thank you again for your integrity and strength
Appreciation and respect.
I’ve posted a referral to your site and case, amid a note
on application of the Convention on Genocide, at Night’s Lantern: http://www.nightslantern.ca/2011bulletin.htm#jan15 .
Bart
Thank you for your sacrifice by helping the citizens of Iraq. I feel humbled by your actions. Peace.
Thank you, Tim. But I have to say that I don’t see what I’ve done as a sacrifice. Working on this issue has been, overall, very positive in my life. I’ll try to write more about this in my March posting. Best Wishes, Bert
Thank you for your work. Sometimes, it seems like the world is such a dark place. It is good to see some light. It seems like we can do nothing, then someone like you come along.
Bert;
We remember you fondly and your two visits and presentations in Twisp. Thank you,
as ever, the for good, humane work you do. Dana
Thank you, Dana. And of course I remember you and my time in Twisp fondly. Please help spread the word up in your beautiful part of our state. Best, Bert
If the definition of the word HUMANITY still has its meaning, it’s because of people like You.
I cannot say thank you enough for your being here.
Thanks and good luck.
I’ve tweeted, blogged at http://rewinn.blogspot.com/2011/01/fined-for-helping-iraq-children-wtf.html and will pass on via Facebook.
I guess one lesson here is that even “liberal” administrations are just fine with killing children who they are ostensibly liberating, just so long as you don’t offend the sovereign privileges.
(You know who this case reminds me of? Don Seigelmann -( http://en.wikipedia.org/wiki/Don_Siegelman ) – another guy who should be free of government persecution but the “liberal” Obama Administration continues to persue. Maybe you could play tag-team some time!
Thank you, Randy, for all your posting, tweeting, and in general spreading the word. I’m happy to tell you that this site has received comments from Sweden, Germany, and the UK, along with comments from a lot of supportive people in this country. It’s very heartening.
It was nice meeting you today on the bus. Thank you for all the great resources. I’m looking forward to reading the Alfie Kohn book you suggested.
I read your article and it’s very inspiring.
Thanks for your courage and sense of responsibility.
Dear Bert,
So what support can we offer you? Any gift that you might request or that we might offer is, of course, is a gift to all of us. We are all enriched by sustaining your courage and compassion. All of us must walk in your footsteps when we turn away from cooperating with state terrorism.
So many federal, state, and international laws prohibit our support of terrorism. The Patriot Act makes it a crime to provide even financial support to acts of terror (possible confiscation of property, $1,000,000 fine, and life in prison). Yet how many of us still pay federal taxes that allow our policies of terror in Iraq, Afghanistan, Pakistan, and Iran to continue?
I have such gratitude for your on-going leadership and moral clarity.
Dear David — Thank you for your expression of support. On March 11, 2011, I’ll send out my general thoughts about where we are and what we can most skillfully do to make a positive difference. In the meantime, I think the most helpful thing which folks could do is to spread the word about IraqiKids.org. It seems that no one else is raising the issue of our legal definition of international terrorism with regard to U.S. foreign policies. (Instead, rather like in Orwell’s 1984, people are simply throwing the word around like a smear without regard to its specific meaning. The destruction of language must be opposed to hold on to the rule of law.)
Thanks, Bert, for keeping the faith on this issue. Governments are supposed to be servants of the people but it’s clear that even this one, which pretends to be ruled by law, will stop at nothing to achieve its political ends. Good for you for standing up and speaking the truth.
Thank you for helping us to become more aware of the impact that terrorism has on the innocents. Everyone’s heart is with you.
Dennis
Thank you, Dennis, and all those in VFP who are doing such good work. Blessings, Bert
Hi Bert! Good to hear from you. We met in Baghdad, I think 2002. Keep up the good work!!! Wage peace, -Yusha
Thank you, Yusha. We all need to try to wage peace … actually, as Thich Nhat Hanh puts it, to become peace. (That’s a great book of his — “Being Peace” — which I was told about 20 years ago, and which has been a positive influence on my life.)
Thank you, thank you Bert for keeping the hope for more truth alive after these many years about the genocidal US-UN Sanctions against the people of Iraq. You continue to be a channel of light for me with your durable and beautiful blend of compassion, truth-telling and justice.
Dear Randall — I’m sure you’ll remember your accompanying me on the first delegation I led to Iraq … and the skill with which you conceived of our action in the Ameriya bomb shelter which gathered much media attention (NYT, CBS Nightly News, others). So you have a significant part in my history — and I’m grateful for that.
I am very impressed with both the content and layout of your website Bert. Recent events in Egypt have proven once again that non-violence is very effective. I look forward to supporting you through the trial. Thanks for your dedication to the people of Iraq.
Thank you, Rosemary. I am just now working on my February posting, which I’ll end with some comments about nonviolence — in anticipation of my March column.
Bert…It was by chance that I came across one of your interviews today. I am in awe of the work you do. You have given me much to think about.. I look forward to your monthly articles. ……Thankyou! …….Betty
Betty, I’m very glad that you found the interview useful (or at least interesting). A good way to follow is to sign up for a once-a-month mailing. Sounds like maybe you have. Bert
Glad to see this site. I plan to be at the trial in September. Will you update here with any date or time changes?
PS Found the trial update in the Timeline!
Mark’s & my interest and great respect, Bert.
Bravo, Bert! Your effort to expose the atrocities of the U.S. against Iraqi civilians is a brave and selfless effort. But I am also applauding your recognition of the untold reality of the 9/11 tragedy, an even more difficult thing to accept, and your connecting it with so much of the adversity that we have experienced in the past decade. Contrary to Obama’s admonition that we should not look backward, this country is starving for justice, and you can’t have it without looking behind. We absolutely must expose the truth and let justice take its course. Thank you for being part of the effort, we are much stronger with you on board.
Evan, thank you very much! I am grateful for your words of support. I’ve been pleased that there has only been one ‘negative’ response to me — and a very respectful one at that! — where the writer would have none of the possibility that WTC 7 did not come down by fire, but was a case of controlled demolition. I think we all have an obligation to be thoughtful and conscientious before we express our opinions … but then to speak the truth as best we can determine it, even if it falls outside the pale of our mainstream media.
Bert, you are a true American hero. When you see and read about the injustice and corruption of so many institutions including our government all around us in our country it makes you want to start fighting like our founders did. Yet, you hold the course using good sense, let’s keep beating drums and wake up enough people that a mass movement of our people will eventually make the changes and help rebuild a country we can be proud of. I only wish we could clone you ten million times.
My best,
J. Glenn Evans
J. Glenn, I think that you exaggerate. But rather than argue, I’d like to say that I think a “secret” to persisting in difficult situations is to hold on to an image of how I would like people to respond in such circumstances … and then try to practice acting that way. In other words, to use what comes “down the pike” as a challenge to be the kind of person I would like others to be. Whether I succeed or not, the act of trying is itself a useful act. That’s because I don’t have to berate others for not acting a certain way — or even myself if I fail but am willing to keep trying. Hardly a secret!
Thank you for being a good example to us, Bert. It’s an honor to work with you.
And thank you, Stephanie, for all the fine work you and Michael do at the Metta Center.
Hello, my name is Sarah
I’m an Iranian living in Canada. I’m working with some friends to help the lives of my friends and family members living in a refugee camp called camp Ashraf in Iraq. The Iraqi government wants to close down the camp by the end of the year and this will lead to a serious massacre. There are 1000 women living in the camp.
We are holding a rally on December 12 in DC to protest this. We wanted to invite you to join us an be the voice of these refugees who have escaped the Iranian tyranny and are now facing another threat.
Sarah Baluchestani
YES! Here’s to your steadiness and persistent dedication to what’s true. It has prevailed; and I trust it will continue to.
Bert,
You are a very brave and conscientious man. While the world stood silent, you decided you could not. You braved the powers at the top and went the 7,000 miles carrying aid to the helpless people of Iraq.
The best part of this is the example you set for the rest of us.
Sincerely
Suleiman Shahin
Dear Suleiman,
Thank you for your exceptionally kind words. Indeed we are all examples to each other, and if I have been a positive example in some small way, that gives me much pleasure.
Sincerely,
Bert
Hi Bert,
Congratulations on the dismissal of the government’s case against you. Tragic you did not have your day in court. Criminal that not a single US government official has been held accountable for the massive loss of Iraqi lives during the endless years of sanctions – for crimes against humanity.
It’s been a long time since we traveled together to Iraq in 1996. We remember hospital wards filled with dying children and the heroic efforts of the doctors to save their lives. After so many years of sanctions, war and occupation, the lives of the vast majority of Iraq’s children and families remain imperiled. The Iraqi people deserve better.
Stay “Great”
Rick
Thanks Rick. It seems like lifetimes ago that I joined you on my first trip to Iraq. That was a very important moment in my life, and of the start of my efforts — that you and I and Voices in the Wilderness and others were making — to draw attention to what our country had been doing to the people of Iraq. I wish I could say that things are better now, or that we have really understood what has come out of our violent policies towards Iraq. But we can only keep working, and keep transforming ourselves in the direction of deep nonviolence.