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Is Australian General Jim Molan a War Criminal?

Few people have heard of Australian General Jim Molan, despite his direct command responsibility for the brutal Coalition assault on Fallujah and other Sunni cities in Iraq in late 2004. He planned and directed the attacks on Najaf, Fallujah, and Samarra. CHRIS DORAN believes Molan must take responsibility for the atrocities that occured.

Fallujah is particularly notorious for the widespread and well documented allegations of serious atrocities, if not outright war crimes, committed by Coalition troops under Molan's command. Molan has just released a book, entitled Running the War in Iraq, a highly sanitised version of what actually occurred under his command. Molan's account suggests that the attack on Fallujah, codenamed Operation Fury, was little more than a few surgical missile strikes which unfortunately and only occasionally resulted in civilian deaths.
 
He conveniently omits the fact that an estimated 30,000 to 50,000 civilians still remained in Fallujah when the attack began. Citizens had been instructed to evacuate the city, population 250,000, before bombing began in October 2004, but any and all men aged 15 to 45 were prohibited from leaving. Many family members understandably chose to stay with their fathers and brothers. Once the bombing began, all exits out of the city were sealed off.

On October 16, the Washington Post reported that "electricity and water were cut off to the city just as a fresh wave of [bombing] strikes began Thursday night, an action that US forces also took at the start of assaults on Najaf and Samarra". The Red Cross and other aid agencies were also denied access to deliver the most basic of humanitarian aid - water, food, and emergency medical supplies to the civilian population.
The situation was so severe that the United Nation's Special Rapporteur on the Right to Food, Jean Ziegler, stated that the Coalition had used "hunger and deprivation of water as a weapon of war against the civilian population [in] flagrant violation" of the Geneva Conventions. Specifically Article 14, which clearly states that cutting off water, electricity, and denying access to humanitarian aid is considered to be a war crime.

But it gets worse, much worse. On November 7, a New York Times front page story detailed how the Coalition's ground campaign was launched by seizing Fallujah's only hospital: "Patients and hospital employees were rushed out of the rooms by armed soldiers and ordered to sit or lie on the floor while troops tied their hands behind their backs." The story also revealed the motive for attacking the hospital: "The offensive also shut down what officers said was a propaganda weapon for the militants: Fallujah General Hospital with its stream of reports of civilian casualties". The city's two medical clinics were also bombed and destroyed.

In his excerpt, Molan also clearly views any non Coalition approved reporting of civilian deaths as propaganda. Independent American journalist Dahr Jamail interviewed scores of Fallujah survivors after the assault. He documented eye witness accounts of US troops denying the Red Cross entry to Fallujah to deliver medical aid, and firing on ambulances trying to enter the city. The fourth Geneva Convention strictly forbids attacks on hospitals, medical emergency vehicles and any impeding of medical operations.

Molan's account also neglects to mention the now irrefutable evidence that chemical weapons, specifically white phosphorous, were used under his command on Fallujah. Irrefutable because U.S. Colonel Barry Venable admitted it to the UK's Independent newspaper a year later. "Yes, it was used as an incendiary weapon against enemy combatants".
 
In a November 2005 editorial denouncing its use, the New York Times described white phosphorous: "Packed into an artillery shell, it explodes over a battlefield in a white glare that can illuminate an enemy's positions. It also rains balls of flaming chemicals, which cling to anything they touch and burn until their oxygen supply is cut off. They can burn for hours inside a human body."

Again, one does not have to be an international legal expert to know that the use of chemical weapons is considered to be a war crime, and a particularly heinous one. We are particularly aware of this thanks to The Australian and other Murdoch press, which told us ad nauseam in the lead up to the invasion that there was no better proof of the need to remove Saddam Hussein by force than his use of the same white phosphorous on the Kurds.

Further allegations of atrocities occurred when U.S. and Iraqi troops entered Fallujah. Jamail reports first hand accounts of U.S. snipers shooting women and children in the streets; unarmed men shot while seeking safe passage with their wives and children under a white flag; photographers shot as they filmed battle. And in images captured by journalist Kevin Sites and beamed around the world on November 9, a U.S. marine was shown to approach a clearly wounded man lying on the floor of a mosque. The marine then fired his rife directly into the man, said "He's done", and casually walked away.

Relatively few insurgents were found once the city was subdued; most had, predictably, fled the city long before the assault began. Meanwhile an estimated 70% of the city was utterly destroyed, with thousands dead (Jamail and Fadhil 2006). Molan claims, and perhaps even believes, that his actions "represented the rule of law". In writing about the "terrorists", Molan succinctly expresses the view of many in the international community regarding the Coalition in Iraq: "But there are rules; they just did not obey them. In fact they institutionalised the transgression of international law."

There is little evidence to suggest that the resistance emanating from Fallujah was anything other than Fallujans fighting an occupation they believed to be illegal and unjust, a view shared by good deal of the planet. Yet Molan doggedly holds onto the long warn out U.S. propaganda view that there were just a few extreme "terrorists" who could be singled out: "They went to Fallujah to hide among the people but committed mindless acts of violence against them. They set up local religious courts and Fallujans were tried and punished, even tortured and executed, if they did not commit to extreme fundamentalist Islamic ideology and sharia law."

While he does not provide evidence to support this claim, regardless, it is stunning to suggest that this was somehow a worse fate than what awaited ordinary Iraqis at Abu Ghraib, the scandal of which had broken months earlier. Or what clearly awaited them once the assault on their city began under his direct command.

Under the international legal doctrine of command responsibility, a commander can be held liable if they knew, or should have known, that anyone under their command was committing war crimes and they failed to prevent them. The consistency and similarity of the attacks at Najaf, Samarra, and Fallujah display a deliberate disregard for civilian casualties in the planning and implementation of those military assaults. By Molan's own admission, he was responsible for not only planning, but also directing, these attacks. It is not conceivable that Molan was unaware of the serious and well documented accusations of atrocities being committed under his command.

While admirable that General Molan is so quick to admit responsibility for Fallujah, it is disconcerting that he does not seem to feel that he has done anything wrong, or should in any way be held accountable, for his actions. It is this utter hubris that most accurately characterises his writing. Sanitised as it is though, Molan has written an excellent brief regarding why it is crucial we start holding our political and military leaders accountable for their actions in Iraq. He would be an excellent place to start.

This is a shorter version of the piece originally published here.
Chris Doran  summarised these views in a letter to The Australian, which sparked a reply from Molan and a fierce debate. Molan has just released a book, entitled Running the War in Iraq.

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Only a day later, on the opposite and non-EU side of Europe, Russian and Ukrainian officials met, with Putin announcing that he would be easing gas supply terms to a neighbour that is crucial for Russia's European pipelines. 

Is it too cynical to think this isn't it a coincidence? 

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The HomepageDAILY community likes to co-create both content and process. What are you thinking right now about what we do and how we do it? Tell us about the news, videos and stories and anything else you see on HPD. What you like, what you don't like, what you'd like to see in future. Recommend a website, video or article; send us pix, new stories - share it with us and by so doing you are giving us permission to share it with the world.

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 Re: Commoditisation of aboriginal art

dear jack do you know anything about the history of Aboriginal 'art'??? Your speculation seems based on complete ignorance of the fact that Aboriginal art was invented for white buyers - the Aborigines themselves having survived 40,000 years without needing to give their lore and laws, myths and legends and rules for survival in a hostile climate any permanent form. It was only our attempts to assimilate them into our 'society' that drove the link to canvas - though the money we paid for their art was a nice bonus, and shouldn't be ignored as a continuing motive for painting. cheers - jeremy

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 Re: Farmers and ETS

Thank you for your commentary about farmers in a world of changing climate. Here in the Pacific NW we are not as aware of it as some other places. Our Transition Town group hosted author William Catton last night, who wrote a prophetic book called "Overshoot" back in 1980. During the discussion, a local fish biologist pointed out that of all industries, farmers are the only ones constantly limited by nature. The rest of the world ( with a few exceptions like fishermen or foresters) really do not seem to make their living in a world of limited by forces beyond their control--- or so they imagine. There is a fundamental sanity in these other ways of life that our culture is unwilling to hear. It runs away from the voice of limitation. I think farmers have a lot to teach the world. We always thought there was something wholesome about farming and I think this is exactly it; a lack of hubris. How many slaps in the face will it take before people come to their senses? - Anna Willis

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 Re: Turning Chinese

Obama is just a puppet of the Corporate elites.He has not recinded the Patriot Act,Bushes' presidential orders nor habius corpus.Presently ,we have corporate facism. - Ross

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 Re: Why Won't God Heal Amputees?

it seems that your whole point and discussion is aimed at christianity. what you state is pretty thought provoking and maybe true but one thing that i have to say is that maybe the whole religion thing has just been corrupted by people and that maybe god does exist.... nomatter all the scientific bull that you and other people can come up with, there are still things that you and scientist just cant explain. ie youe exsistance and the fact that you as a human have suchbrain capacity to do what you do today, and why there is such an order in nature "ofcoures humans always fuck up the order" everything on earth is one complex puzzle that works and you and everyone found it working. not only earth but even beyond to space and shit. now you can say that all this came from a bang and what ever but even if you believe that, what created the platform for that bang and why this place and stuff. just too many things dont add up to just say there is no god. and i think most of these motherfuckers miss the point of this religious shit anyway. because god is not a religion but a spiritual bond. dont be fooled by sensationalism and think that god does not exist cos he does. at least for me. the only problem with this now is that humans have sensationalised everything to make thier shit the best and in part have missed the whole point of god. every human bieng needs something to hold on to. even you and weather it is the image of god that people have painted or not is irrelevent. there is something that you believe in.. you might not go to church and get on your knees but its just part of human nature to associate yourself with something. it could be a superstition or eating chocolate coated roaches whatever you like fact is some things are just bigger than our rational. hope to get a responce from you - esco

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Re: Safran sure to offend, but who cares?

It is an interesting question to pursue "And, is there a ratio that exists where the amount of people offended compared to those that weren't makes something objectively racist?" I suppose the most right answer to whether something is racist or not can only come about democratically. By asking people if they find it racist. Even then (in this currently impossible world where people who want to vote on everything) who gets to vote? Hopefully I do. How do I cast my vote? At the moment I abstain. - Joshua Genner

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Re: The Pointless Question of "What is Art?"

You're article serves as a blatant example of people's lack of knowledge/interest in the contemporary art scene. Some of the most profound and revealing conversations stem from dicussions of art, politics and religion so why label them taboo subject matter? why not let the idiots add in their artistic two cents, because who knows what could happen? a change of opinion... an education... a flash of interest? Perhaps you and your friends to venture down to the COFA 09 annual exhibit and see some 200 fresh sydney artists emerge onto the art scene, unless it's too boring/inane. - Kara

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Re: The Pointless Question of "What is Art?"

I dare say the question is not pointless but rather is made pointless by overcomplications of academia and peripherals of market and status, in which Sean appears to have gotten bogged down notwithstanding the word limit. One of the things we do know about art for a fact is that we humans appear to have always had it around from the caves (who can forget the fetching bison from Alta Mira!) So the issue is cutting through the baggage of history as old as humanity to get back to the fundamentals. It took me about 35 years of research but does not take 100 words. It is this: "Art is something that is designed to communicate thoughts and feelings and to influence our thoughts and feeling through one or more of our senses."(25 words) Since we have space, a rider: "The particular art form is qualified by the particular senses involved in production and reception of that communication. If Sound then Music, If body then Dance. If we use eyes to perceive colour and shape we call it Visual art." How you work the item in question is the matter of objectivity after all some of us eat fruit raw and others make jam. If you choose to make art an investment go for it, if you choose to make it a status symbol you won't be the first. However, in my book, art is really the best at being art and in the immortal words of one Oscar Wilde, for any other purpose "All art is quite useless" - Valerie (Co-incidental author of "Why Art? The Pocket Art Expert)
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Re: John Safran ready for when skit hits the fan

The only aspect of "multiculturalism" we (or any western society)have accepted, revolves around food: sweet and sour chicken or donner kebab..nothing else is relevent, interesting or in anyway beneficial to us. The Cronulla riots were seen as well overdue by most people abroad, we should be proud of standing up to and rejecting ethnic gangs from our pure shores - "Peter Piper"

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Re: Brassed off about creationism- by Andy Coghlan

This is why we need change in Texas and why I'm running for State Board of Education. - Rebecca Bell-Metereau (www.voterebecca.com)

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Re: The Rape Tunnel

It astonishes and intrigues me this 'shock art' Being a over zealous muscled ex con looking for love, where could one find Richard Whitehursts hole?

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Re: ETS Voted Down: Rudd Proves Himself An Evil Genius

Nice to see such an insightful article, despite the snide comments.. Did you read the Quarterly Essay by Guy Pearse in writing the first 5 paragraphs- not that that's a bad thing really. Nice of you to widen your vision beyond the road ahead and take in some history- but I would add one thing- that as it stands (in the senate, especially with Steve Fielding) we won't have a real, meaningful ETS passed. The bummer is that even with a double dissolution election and the resultant simultaneous sitting of both houses of parliament (which as you point out, the greens/minor parties and labor would benefit from) would still not change the ETS from it's current configuration- not unless the Greens tripled their vote. Silly that it all came down to labor preferences to a little known party led by a little know bloke named Steve Fielding and Family First- not that that should be the reason we're in this predicament... - Shaun Lambert

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Re: Evil Capitalists

In response to the "100 Words" on Psychotic Capitalism: The statement, "only psychotics fail to distinguish right from wrong," has a semantic problem. What makes a person psychotic is the inability to recognize that, theoretically, actions or behavior can be right and wrong. A psychologically normal person can do this by age 5. But well- intentioned people constantly disagree about which actions are right and wrong in particular situations. This evening my husband and I re- watched "Zeitgeist--- Addendum" on youtube. We had to restrain ourselves from a festival of paranoia, anger and frustration at what appears to be an evil plot to enslave us all, to bleed us like pods in The Matrix. I cannot argue against the idea that Capitalism--- looked at as a planetary movement--- seems heartlessly destructive, yet there is no single person or even group of Illuminati to blame --- we are willing participants in this plot to rule the world, exploit the human race, rape Mother Earth. All of us are not psychotic, rather we are doing what seems right, and we are following norms set by our culture and community. I personally do my best to support those lawmakers who help us define right at wrong at the transpersonal level--- where this kind of crime being committed, with vast and ultimately very personal consequences. Indeed people can be stupider and meaner in groups than singly --- but whatever the right word is for that, it is not psychotic. Our real problem is that we seem incapable of seeing consequences beyond the local and immediate, we are selfish and shortsighted. But the writer is right: stupid, mean, selfish, shortsighted --- these terms trivialize the unfathomable crimes of Capitalists and their sheep-like dupes. - Anna Willis

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Re: Ethics Implicit?

There is one place where ethics is not "implicit everywhere" and that is television and the media generally - the only ethic is win the audience. This is the toxic environment "informing" students. - Terry McGee

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Re: Australia's Swine Flu vaccination plan

The word "pandemic" has absolutely nothing to do with a deadly disease taking over the planet. The definition of "Pandemic" is simply about the SPREAD of a disease. Any disease. It could be a relatively harmless disease like the Swine Flu, to maybe a more harmful type (like normal seasonal influenza). Nothing to do with how bad or how good it is to your health ... just how WIDESPREAD it is. That is the interpretation of "Pandemic". A word that is nothing to be scared about, but just a measure of the SPREAD of any disease (harmful or relatively harmless) around the globe. The original "Spanish Flu" in 1819 killed 50 to 100 million people worldwide. Swine Flu deaths to date? 2,800 or so. Compare this to up to 500,000 deaths worldwide from our ongoing "Seasonal Flu". People need to see things in perspective. Swine Flu is a mild flu. No need for risky & possibly dangerous vaccinations. No need to be scared. In fact NO NEED TO DO ANYTHING. Just stay cool and take whatever vitamins & health supplements that are appropriate. Good luck & stay informed. - Tim
 
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Re: Kabul-shit

A nice puncture of the ADF's mad illusions. Shooting civvies in another land used to be called murder, now we pretend its nation building. It must have struck a chord. General Jim Molan, the butcher of Fallujah, who used white phosphorous & put snipers on hospital rooftops, raves in today's SMH about staying true to the mission. What is it with these guys? Untold deaths in Iraq, bombs still exploding, millions of refugees ... and this guy thinks he's a genius. - Tina G

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Re: Why we shouldn't care about he loneliness of the University Liberal

While you have managed to approach, with a complete lack of understanding and sensitivity, the complaints of the many people who feel alienated by the overtly leftist university agenda, I also think that you have failed to address the concerns of an increasingly disenfranchised leftist populace. The article was concerning the Left Handed bigots, not the personal politics of either of the 4 people mentioned. Their concern was not with, as you pointlessly attacked, their political beliefs, but rather with their freedom to express their beliefs and how they were treated on campus because of them. I write this as a disenfranchised leftist. Apparently, freedom of speech on campus somehow took a backseat to the far left's bigotry, however well intentioned they thought it was originally. I'm not right; I'm not left. But fuck anybody that tries to censure me and revoke my right to freedom of speech, merely for believing in a political party. Anyone that thinks that's OK, well simply look up the definition of fascist. - I Swing My Vote

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