RELIGIOUS FREEDOM, THE PATH TO PEACE (Benedict XVI)

MESSAGE OF HIS HOLINESS
POPE BENEDICT XVI
FOR THE CELEBRATION OF THE
WORLD DAY OF PEACE

1 JANUARY 2011

RELIGIOUS FREEDOM, THE PATH TO PEACE

1. At the beginning of the new year I offer good wishes to each and all for serenity and prosperity, but especially for peace. Sadly, the year now ending has again been marked by persecution, discrimination, terrible acts of violence and religious intolerance.

My thoughts turn in a special way to the beloved country of Iraq, which continues to be a theatre of violence and strife as it makes its way towards a future of stability and reconciliation. I think of the recent sufferings of the Christian community, and in particular the reprehensible attack on the Syro-Catholic Cathedral of Our Lady of Perpetual Help in Baghdad, where on 31 October two priests and over fifty faithful were killed as they gathered for the celebration of Holy Mass. In the days that followed, other attacks ensued, even on private homes, spreading fear within the Christian community and a desire on the part of many to emigrate in search of a better life. I assure them of my own closeness and that of the entire Church, a closeness which found concrete expression in the recent Special Assembly for the Middle East of the Synod of Bishops. The Synod encouraged the Catholic communities in Iraq and throughout the Middle East to live in communion and to continue to offer a courageous witness of faith in those lands.

I offer heartfelt thanks to those Governments which are working to alleviate the sufferings of these, our brothers and sisters in the human family, and I ask all Catholics for their prayers and support for their brethren in the faith who are victims of violence and intolerance. In this context, I have felt it particularly appropriate to share some reflections on religious freedom as the path to peace. It is painful to think that in some areas of the world it is impossible to profess one’s religion freely except at the risk of life and personal liberty. In other areas we see more subtle and sophisticated forms of prejudice and hostility towards believers and religious symbols. At present, Christians are the religious group which suffers most from persecution on account of its faith. Many Christians experience daily affronts and often live in fear because of their pursuit of truth, their faith in Jesus Christ and their heartfelt plea for respect for religious freedom. This situation is unacceptable, since it represents an insult to God and to human dignity; furthermore, it is a threat to security and peace, and an obstacle to the achievement of authentic and integral human development.[1]

Religious freedom expresses what is unique about the human person, for it allows us to direct our personal and social life to God, in whose light the identity, meaning and purpose of the person are fully understood. To deny or arbitrarily restrict this freedom is to foster a reductive vision of the human person; to eclipse the public role of religion is to create a society which is unjust, inasmuch as it fails to take account of the true nature of the human person; it is to stifle the growth of the authentic and lasting peace of the whole human family.

For this reason, I implore all men and women of good will to renew their commitment to building a world where all are free to profess their religion or faith, and to express their love of God with all their heart, with all their soul and with all their mind (cf. Mt 22:37). This is the sentiment which inspires and directs this Message for the XLIV World Day of Peace, devoted to the theme: Religious Freedom, the Path to Peace.

A sacred right to life and to a spiritual life

2. The right to religious freedom is rooted in the very dignity of the human person,[2] whose transcendent nature must not be ignored or overlooked. God created man and woman in his own image and likeness (cf. Gen 1:27). For this reason each person is endowed with the sacred right to a full life, also from a spiritual standpoint. Without the acknowledgement of his spiritual being, without openness to the transcendent, the human person withdraws within himself, fails to find answers to the heart’s deepest questions about life’s meaning, fails to appropriate lasting ethical values and principles, and fails even to experience authentic freedom and to build a just society.[3]

Sacred Scripture, in harmony with our own experience, reveals the profound value of human dignity: “When I look at your heavens, the work of your fingers, the moon and the stars which you have established, what is man that you are mindful of him, and the son of man, that you care for him? Yet you have made him little less than God, and crowned him with glory and honour. You have given him dominion over the works of your hands; you have put all things under his feet” (Ps 8:3-6).

Contemplating the sublime reality of human nature, we can experience the same amazement felt by the Psalmist. Our nature appears as openness to the Mystery, a capacity to ask deep questions about ourselves and the origin of the universe, and a profound echo of the supreme Love of God, the beginning and end of all things, of every person and people.[4] The transcendent dignity of the person is an essential value of Judeo-Christian wisdom, yet thanks to the use of reason, it can be recognized by all. This dignity, understood as a capacity to transcend one’s own materiality and to seek truth, must be acknowledged as a universal good, indispensable for the building of a society directed to human fulfilment. Respect for essential elements of human dignity, such as the right to life and the right to religious freedom, is a condition for the moral legitimacy of every social and legal norm.

Religious freedom and mutual respect

3. Religious freedom is at the origin of moral freedom. Openness to truth and perfect goodness, openness to God, is rooted in human nature; it confers full dignity on each individual and is the guarantee of full mutual respect between persons. Religious freedom should be understood, then, not merely as immunity from coercion, but even more fundamentally as an ability to order one’s own choices in accordance with truth.

Freedom and respect are inseparable; indeed, “in exercising their rights, individuals and social groups are bound by the moral law to have regard for the rights of others, their own duties to others and the common good of all”.[5]

A freedom which is hostile or indifferent to God becomes self-negating and does not guarantee full respect for others. A will which believes itself radically incapable of seeking truth and goodness has no objective reasons or motives for acting save those imposed by its fleeting and contingent interests; it does not have an “identity” to safeguard and build up through truly free and conscious decisions. As a result, it cannot demand respect from other “wills”, which are themselves detached from their own deepest being and thus capable of imposing other “reasons” or, for that matter, no “reason” at all. The illusion that moral relativism provides the key for peaceful coexistence is actually the origin of divisions and the denial of the dignity of human beings. Hence we can see the need for recognition of a twofold dimension within the unity of the human person: a religious dimension and a social dimension. In this regard, “it is inconceivable that believers should have to suppress a part of themselves – their faith – in order to be active citizens. It should never be necessary to deny God in order to enjoy one’s rights”.[6]

The family, the school of freedom and peace

4. If religious freedom is the path to peace, religious education is the highway which leads new generations to see others as their brothers and sisters, with whom they are called to journey and work together so that all will feel that they are living members of the one human family, from which no one is to be excluded.

The family founded on marriage, as the expression of the close union and complementarity between a man and a woman, finds its place here as the first school for the social, cultural, moral and spiritual formation and growth of children, who should always be able to see in their father and mother the first witnesses of a life directed to the pursuit of truth and the love of God. Parents must be always free to transmit to their children, responsibly and without constraints, their heritage of faith, values and culture. The family, the first cell of human society, remains the primary training ground for harmonious relations at every level of coexistence, human, national and international. Wisdom suggests that this is the road to building a strong and fraternal social fabric, in which young people can be prepared to assume their proper responsibilities in life, in a free society, and in a spirit of understanding and peace.

A common patrimony

5. It could be said that among the fundamental rights and freedoms rooted in the dignity of the person, religious freedom enjoys a special status. When religious freedom is acknowledged, the dignity of the human person is respected at its root, and the ethos and institutions of peoples are strengthened. On the other hand, whenever religious freedom is denied, and attempts are made to hinder people from professing their religion or faith and living accordingly, human dignity is offended, with a resulting threat to justice and peace, which are grounded in that right social order established in the light of Supreme Truth and Supreme Goodness.

Religious freedom is, in this sense, also an achievement of a sound political and juridical culture. It is an essential good: each person must be able freely to exercise the right to profess and manifest, individually or in community, his or her own religion or faith, in public and in private, in teaching, in practice, in publications, in worship and in ritual observances. There should be no obstacles should he or she eventually wish to belong to another religion or profess none at all. In this context, international law is a model and an essential point of reference for states, insofar as it allows no derogation from religious freedom, as long as the just requirements of public order are observed.[7] The international order thus recognizes that rights of a religious nature have the same status as the right to life and to personal freedom, as proof of the fact that they belong to the essential core of human rights, to those universal and natural rights which human law can never deny.

Religious freedom is not the exclusive patrimony of believers, but of the whole family of the earth’s peoples. It is an essential element of a constitutional state; it cannot be denied without at the same time encroaching on all fundamental rights and freedoms, since it is their synthesis and keystone. It is “the litmus test for the respect of all the other human rights”.[8] While it favours the exercise of our most specifically human faculties, it creates the necessary premises for the attainment of an integral development which concerns the whole of the person in every single dimension.[9]

The public dimension of religion

6. Religious freedom, like every freedom, proceeds from the personal sphere and is achieved in relationship with others. Freedom without relationship is not full freedom. Religious freedom is not limited to the individual dimension alone, but is attained within one’s community and in society, in a way consistent with the relational being of the person and the public nature of religion.

Relationship is a decisive component in religious freedom, which impels the community of believers to practise solidarity for the common good. In this communitarian dimension, each person remains unique and unrepeatable, while at the same time finding completion and full realization.

The contribution of religious communities to society is undeniable. Numerous charitable and cultural institutions testify to the constructive role played by believers in the life of society. More important still is religion’s ethical contribution in the political sphere. Religion should not be marginalized or prohibited, but seen as making an effective contribution to the promotion of the common good. In this context mention should be made of the religious dimension of culture, built up over centuries thanks to the social and especially ethical contributions of religion. This dimension is in no way discriminatory towards those who do not share its beliefs, but instead reinforces social cohesion, integration and solidarity.

Religious freedom, a force for freedom and civilization:
dangers arising from its exploitation

7. The exploitation of religious freedom to disguise hidden interests, such as the subversion of the established order, the hoarding of resources or the grip on power of a single group, can cause enormous harm to societies. Fanaticism, fundamentalism and practices contrary to human dignity can never be justified, even less so in the name of religion. The profession of a religion cannot be exploited or imposed by force. States and the various human communities must never forget that religious freedom is the condition for the pursuit of truth, and truth does not impose itself by violence but “by the force of its own truth”.[10] In this sense, religion is a positive driving force for the building of civil and political society.

How can anyone deny the contribution of the world’s great religions to the development of civilization? The sincere search for God has led to greater respect for human dignity. Christian communities, with their patrimony of values and principles, have contributed much to making individuals and peoples aware of their identity and their dignity, the establishment of democratic institutions and the recognition of human rights and their corresponding duties.

Today too, in an increasingly globalized society, Christians are called, not only through their responsible involvement in civic, economic and political life but also through the witness of their charity and faith, to offer a valuable contribution to the laborious and stimulating pursuit of justice, integral human development and the right ordering of human affairs. The exclusion of religion from public life deprives the latter of a dimension open to transcendence. Without this fundamental experience it becomes difficult to guide societies towards universal ethical principles and to establish at the national and international level a legal order which fully recognizes and respects fundamental rights and freedoms as these are set forth in the goals – sadly still disregarded or contradicted – of the 1948 Universal Declaration of Human Rights.

An issue of justice and civility:
fundamentalism and hostility to believers
compromise the positive secularity of states

8. The same determination that condemns every form of fanaticism and religious fundamentalism must also oppose every form of hostility to religion that would restrict the public role of believers in civil and political life.

It should be clear that religious fundamentalism and secularism are alike in that both represent extreme forms of a rejection of legitimate pluralism and the principle of secularity. Both absolutize a reductive and partial vision of the human person, favouring in the one case forms of religious integralism and, in the other, of rationalism. A society that would violently impose or, on the contrary, reject religion is not only unjust to individuals and to God, but also to itself. God beckons humanity with a loving plan that, while engaging the whole person in his or her natural and spiritual dimensions, calls for a free and responsible answer which engages the whole heart and being, individual and communitarian. Society too, as an expression of the person and of all his or her constitutive dimensions, must live and organize itself in a way that favours openness to transcendence. Precisely for this reason, the laws and institutions of a society cannot be shaped in such a way as to ignore the religious dimension of its citizens or to prescind completely from it. Through the democratic activity of citizens conscious of their lofty calling, those laws and institutions must adequately reflect the authentic nature of the person and support its religious dimension. Since the latter is not a creation of the state, it cannot be manipulated by the state, but must rather be acknowledged and respected by it.

Whenever the legal system at any level, national or international, allows or tolerates religious or antireligious fanaticism, it fails in its mission, which is to protect and promote justice and the rights of all. These matters cannot be left to the discretion of the legislator or the majority since, as Cicero once pointed out, justice is something more than a mere act which produces and applies law. It entails acknowledging the dignity of each person[11] which, unless religious freedom is guaranteed and lived in its essence, ends up being curtailed and offended, exposed to the risk of falling under the sway of idols, of relative goods which then become absolute. All this exposes society to the risk of forms of political and ideological totalitarianism which emphasize public power while demeaning and restricting freedom of conscience, thought and religion as potential competitors.

Dialogue between civil and religious institutions

9. The patrimony of principles and values expressed by an authentic religiosity is a source of enrichment for peoples and their ethos. It speaks directly to the conscience and mind of men and women, it recalls the need for moral conversion, and it encourages the practice of the virtues and a loving approach to others as brothers and sisters, as members of the larger human family.[12]

With due respect for the positive secularity of state institutions, the public dimension of religion must always be acknowledged. A healthy dialogue between civil and religious institutions is fundamental for the integral development of the human person and social harmony.

Living in love and in truth

10. In a globalized world marked by increasingly multi-ethnic and multi-religious societies, the great religions can serve as an important factor of unity and peace for the human family. On the basis of their religious convictions and their reasoned pursuit of the common good, their followers are called to give responsible expression to their commitment within a context of religious freedom. Amid the variety of religious cultures, there is a need to value those elements which foster civil coexistence, while rejecting whatever is contrary to the dignity of men and women.

The public space which the international community makes available for the religions and their proposal of what constitutes a “good life” helps to create a measure of agreement about truth and goodness, and a moral consensus; both of these are fundamental to a just and peaceful coexistence. The leaders of the great religions, thanks to their position, their influence and their authority in their respective communities, are the first ones called to mutual respect and dialogue.

Christians, for their part, are spurred by their faith in God, the Father of the Lord Jesus Christ, to live as brothers and sisters who encounter one another in the Church and work together in building a world where individuals and peoples “shall not hurt or destroy … for the earth shall be full of the knowledge of the Lord as the waters cover the sea” (Is 11:9).

Dialogue as a shared pursuit

11. For the Church, dialogue between the followers of the different religions represents an important means of cooperating with all religious communities for the common good. The Church herself rejects nothing of what is true and holy in the various religions. “She has a high regard for those ways of life and conduct, precepts and doctrines which, although differing in many ways from her own teaching, nevertheless often reflect a ray of that truth which enlightens all men and women”.[13]

The path to take is not the way of relativism or religious syncretism. The Church, in fact, “proclaims, and is in duty bound to proclaim without fail, Christ who is the way, the truth and the life (Jn 14:6); in Christ, in whom God reconciled all things to himself, people find the fullness of the religious life”.[14] Yet this in no way excludes dialogue and the common pursuit of truth in different areas of life, since, as Saint Thomas Aquinas would say, “every truth, whoever utters it, comes from the Holy Spirit”.[15]

The year 2011 marks the twenty-fifth anniversary of the World Day of Prayer for Peace convened in Assisi in 1986 by Pope John Paul II. On that occasion the leaders of the great world religions testified to the fact that religion is a factor of union and peace, and not of division and conflict. The memory of that experience gives reason to hope for a future in which all believers will see themselves, and will actually be, agents of justice and peace.

Moral truth in politics and diplomacy

12. Politics and diplomacy should look to the moral and spiritual patrimony offered by the great religions of the world in order to acknowledge and affirm universal truths, principles and values which cannot be denied without denying the dignity of the human person. But what does it mean, in practical terms, to promote moral truth in the world of politics and diplomacy? It means acting in a responsible way on the basis of an objective and integral knowledge of the facts; it means deconstructing political ideologies which end up supplanting truth and human dignity in order to promote pseudo-values under the pretext of peace, development and human rights; it means fostering an unswerving commitment to base positive law on the principles of the natural law.[16] All this is necessary and consistent with the respect for the dignity and worth of the human person enshrined by the world’s peoples in the 1945 Charter of the United Nations, which presents universal values and moral principles as a point of reference for the norms, institutions and systems governing coexistence on the national and international levels.

Beyond hatred and prejudice

13. Despite the lessons of history and the efforts of states, international and regional organizations, non-governmental organizations and the many men and women of good will who daily work to protect fundamental rights and freedoms, today’s world also witnesses cases of persecution, discrimination, acts of violence and intolerance based on religion. In a particular way, in Asia and in Africa, the chief victims are the members of religious minorities, who are prevented from freely professing or changing their religion by forms of intimidation and the violation of their rights, basic freedoms and essential goods, including the loss of personal freedom and life itself.

There also exist – as I have said – more sophisticated forms of hostility to religion which, in Western countries, occasionally find expression in a denial of history and the rejection of religious symbols which reflect the identity and the culture of the majority of citizens. Often these forms of hostility also foster hatred and prejudice; they are inconsistent with a serene and balanced vision of pluralism and the secularity of institutions, to say nothing of the fact that coming generations risk losing contact with the priceless spiritual heritage of their countries.

Religion is defended by defending the rights and freedoms of religious communities. The leaders of the great world religions and the leaders of nations should therefore renew their commitment to promoting and protecting religious freedom, and in particular to defending religious minorities; these do not represent a threat to the identity of the majority but rather an opportunity for dialogue and mutual cultural enrichment. Defending them is the ideal way to consolidate the spirit of good will, openness and reciprocity which can ensure the protection of fundamental rights and freedoms in all areas and regions of the world.

Religious freedom in the world

14. Finally I wish to say a word to the Christian communities suffering from persecution, discrimination, violence and intolerance, particularly in Asia, in Africa, in the Middle East and especially in the Holy Land, a place chosen and blessed by God. I assure them once more of my paternal affection and prayers, and I ask all those in authority to act promptly to end every injustice against the Christians living in those lands. In the face of present difficulties, may Christ’s followers not lose heart, for witnessing to the Gospel is, and always will be, a sign of contradiction.

Let us take to heart the words of the Lord Jesus: “Blessed are those who mourn, for they shall be comforted … Blessed are those who hunger and thirst for righteousness, for they shall be satisfied … Blessed are you when men revile you and persecute you and utter all kinds of evil against you falsely on my account. Rejoice and be glad, for your reward is great in heaven” (Mt 5:4-12). Then let us renew “the pledge we give to be forgiving and to pardon when we invoke God’s forgiveness in the Our Father. We ourselves lay down the condition and the extent of the mercy we ask for when we say: `And forgive us our debts, as we have forgiven those who are in debt to us’ (Mt 6:12)”.[17] Violence is not overcome by violence. May our cries of pain always be accompanied by faith, by hope and by the witness of our love of God. I also express my hope that in the West, and especially in Europe, there will be an end to hostility and prejudice against Christians because they are resolved to orient their lives in a way consistent with the values and principles expressed in the Gospel. May Europe rather be reconciled to its own Christian roots, which are fundamental for understanding its past, present and future role in history; in this way it will come to experience justice, concord and peace by cultivating a sincere dialogue with all peoples.

Religious freedom, the path to peace

15. The world needs God. It needs universal, shared ethical and spiritual values, and religion can offer a precious contribution to their pursuit, for the building of a just and peaceful social order at the national and international levels.

Peace is a gift of God and at the same time a task which is never fully completed. A society reconciled with God is closer to peace, which is not the mere absence of war or the result of military or economic supremacy, much less deceptive ploys or clever manipulation. Rather, peace is the result of a process of purification and of cultural, moral and spiritual elevation involving each individual and people, a process in which human dignity is fully respected. I invite all those who wish to be peacemakers, especially the young, to heed the voice speaking within their hearts and thus to find in God the stable point of reference for attaining authentic freedom, the inexhaustible force which can give the world a new direction and spirit, and overcome the mistakes of the past. In the words of Pope Paul VI, to whose wisdom and farsightedness we owe the institution of the World Day of Peace: “It is necessary before all else to provide peace with other weapons – different from those destined to kill and exterminate mankind. What are needed above all are moral weapons, those which give strength and prestige to international law – the weapon, in the first place, of the observance of pacts”.[18] Religious freedom is an authentic weapon of peace, with an historical and prophetic mission. Peace brings to full fruition the deepest qualities and potentials of the human person, the qualities which can change the world and make it better. It gives hope for a future of justice and peace, even in the face of grave injustice and material and moral poverty. May all men and women, and societies at every level and in every part of the earth, soon be able to experience religious freedom, the path to peace!

From the Vatican, 8 December 2010

BENEDICTUS PP XVI

 

The Norms of canon law dealing with crimes of sexual abuse have been published today

Fr Lombardi, sj, on the document of the Congregation for the Doctrine of the Faith

Significance of the “Normae de gravioribus delictis’


The Norms of canon law dealing with crimes of sexual abuse of minors by members of the clergy have been published today in a comprehensive and updated form, in a document which covers all the crimes the Church considers as exceptionally serious and, for that reason, subject to the competency of the Tribunal of the Congregation for the Doctrine of the Faith. Apart from sexual abuse, these include crimes against the faith and against the Sacraments of the Eucharist, Penance and Holy Orders.
The Norms concerning sexual abuse make specific provision for more rapid procedures in order to deal with the most urgent and serious situations more effectively. They also admit lay people into the tribunal staff; extend the statute of limitations from 10 to 20 years; establish parity between the abuse of mentally disabled people and that of minors, and introduce the crime of paedophile pornography. The Norm concerning the secrecy of trials is maintained in order to protect the dignity of everyone involved.
These Norms are part of canon law; i.e., they exclusively concern the Church. For this reason they do not deal with the subject of reporting offenders to the civil authorities. It should be noted, however, that compliance with civil law is contained in the instructions issued by the Congregation for the Doctrine of the Faith as part of the preliminary procedures to be followed in abuse cases, as per the “Guide to Understanding Basic CDF Procedures”.
The Congregation for the Doctrine of the Faith is also working on further instructions for Bishops, so that the directives it issues on the subject of sexual abuse of minors, either by the clergy or in institutions connected with the Church, may be increasingly rigorous, coherent and effective. 

(©L’Osservatore Romano – 21 July 2010)

================

Historical introduction prepared by the Congregation for the Doctrine of the Faith

The Norms of the Motu Proprio
“Sacramentorum sanctitatis tutela’

 
The Code of Canon Law promulgated by Pope Benedict xv in 1917 recognized the existence of a number of canonical crimes or “delicts” reserved to the exclusive competence of the Sacred Congregation of the Holy Office which, as a tribunal, was governed by its own proper law (cf. can. 1555 cic 1917).
A few years after the promulgation of the 1917 Code, the Holy Office issued an Instruction, “Crimen Sollicitationis” (1922), which gave detailed instruction to local dioceses and tribunals on the procedures to be adopted when dealing with the canonical delict of solicitation. This most grave crime concerned the abuse of the sanctity and dignity of the Sacrament of Penance by a Catholic priest who solicited the penitent to sin against the sixth commandment, either with the confessor himself, or with a third party. The norms issued in 1922 were an update, in light of the Code of Canon Law of 1917, of the Apostolic Constitution “Sacramentorum Poenitentiae” promulgated by Pope Benedict xiv in 1741.
A number of concerns had to be addressed, underlining the specificity of the legislation (with implications which are less relevant from the perspective of civil penal law):  the respect of the dignity of the sacrament, the inviolable seal of the confessional, the dignity of the penitent and the fact that in most cases the accused priest could not be interrogated fully on what occurred without putting the seal of confession in danger.
This special procedure was based, therefore, on an indirect method of achieving the moral certitude necessary for a definitive decision in the case. This indirect method included investigating the credibility of the person accusing the priest and the life and behaviour of the accused priest. The accusation itself was considered the most serious accusation one could bring against a Roman Catholic priest.
Therefore, the procedure took care to ensure that a priest who could be a victim of a false or calumnious accusation would be protected from infamy until proven guilty. This was achieved through a strict code of confidentiality which was meant to protect all persons concerned from undue publicity until the definitive decision of the ecclesiastic tribunal.
The 1922 Instruction included a short section dedicated to another canonical delict:  the “crimen pessimum” which dealt with same-sex clerical misconduct. This further section determined that the special procedures for solicitation cases should be used for “crimen pessimum” cases, with those adaptations rendered necessary by the nature of the case. The norms concerning the “crimen pessimum” also extended to the heinous crime of sexual abuse of prepubescent children and to bestiality.
The Instruction “Crimen Sollecitationis” was, therefore, never intended to represent the entirety of the policy of the Catholic Church regarding sexual improprieties on the part of the clergy. Rather, its sole purpose was to establish a procedure that responded to the singularly delicate situation that is a sacramental confession, in which the duty of complete confidentiality on the part of the priest corresponds, according to divine law, to the complete openness of the intimate life of the soul on the part of the penitent.
Over time and only analogously, these norms were extended to some cases of immoral conduct of priests. The idea that there should be comprehensive legislation that treats the sexual conduct of persons entrusted with the educational responsibility is very recent; therefore, attempting to judge the canonical norms of the past century from this perspective is gravely anachronistic.
The 1922 Instruction was given as needed to bishops who had to deal with particular cases concerning solicitation, clerical homosexuality, sexual abuse of children and bestiality. In 1962, Blessed Pope John xxiii authorised a reprint of the 1922 Instruction, with a small section added regarding the administrative procedures to be used in those cases in which religious clerics were involved.
Copies of the 1962 re-print were meant to be given to the Bishops gathering for the Second Vatican Council (1962-1965). A few copies of this re-print were handed out to Bishops who, in the meantime, needed to process cases reserved to the Holy Office but, most of the copies were never distributed.
The reforms proposed by the Second Vatican Council required a reform of the 1917 Code of Canon Law and of the Roman Curia. The period between 1965 and 1983 (the year when the new Latin Code of Canon Law appeared) was marked by differing trends in canonical scholarship as to the scope of canonical penal law and the need for a de-centralized approach to cases with emphasis on the authority and discretion of the local bishops.
A  “pastoral attitude” to misconduct was preferred and canonical processes were thought by some to be anachronistic. A “therapeutic model” often prevailed in dealing with clerical misconduct. The bishop was expected to “heal” rather than “punish”. An over-optimistic idea of the benefits of psychological therapy guided many decisions concerning diocesan or religious personnel, sometimes without adequate regard for the possibility of recidivism.
Cases concerning the dignity of the Sacrament of Penance remained with the Congregation for the Doctrine of the Faith (formerly the Holy Office; its name changed in 1965) after the Council, and the Instruction “Crimen Sollicitationis” was still used for such cases until the new norms established by the Motu Proprio Sacramentorum sanctitatis tutela” in 2001.
A small number of cases concerning sexual misconduct of clergy with minors was referred to the Congregation for the Doctrine of the Faith after the Second Vatican Council. Some of these cases were linked with the abuse of the Sacrament of Penance, while a number may have been referred as requests for dispensations from the obligations of priesthood, including celibacy (sometimes referred to as “laicization” ) which were dealt with by the Congregation for the Doctrine of the Faith until 1989 (From 1989 to 2005 the competence in these dispensation cases was transferred to the Congregation for Sacraments and Divine Worship; from 2005 to the present the same cases have been treated by the Congregation for the Clergy).
The Code of Canon Law promulgated by Pope John Paul ii in 1983 updated the whole discipline n can, 1395, 2:  “A cleric who in another way has committed an offence against the sixth commandment of the Decalogue, if the delict was committed by force or threats or publicly or with a minor below the age of sixteen years, is to be punished with just penalties, not excluding dismissal from the clerical state if the case so warrants”. According to the 1983 Code of Canon Law canonical trials are held in the dioceses. Appeals from judicial sentences may be presented to the Roman Rota, whereas administrative recourses against penal decrees are presented to the Congregation for the Clergy.
In 1994 the Holy See granted an indult to the Bishops of the United States:  the age for the canonical crime of sexual abuse of a minor was raised to 18. At the same time, prescription (canonical term for Statute of Limitations) was extended to a period of 10 years from the 18th birthday of the victim. Bishops were reminded to conduct canonical trials in their dioceses. Appeals were to be heard by the Roman Rota. Administrative Recourses were heard by the Congregation for the Clergy. During this period (1994 2001) no reference was made to the previous competence of the Holy Office over such cases.
The 1994 Indult for the US was extended to Ireland in 1996. In the meantime the question of special procedures for sexual abuse cases was under discussion in the Roman Curia. Finally Pope John Paul ii decided to include the sexual abuse of a minor under 18 by a cleric, among the new list of canonical delicts reserved to the Congregation for the Doctrine of the Faith. Prescription for these cases was of ten (10) years from the 18th birthday of the victim. This new law was promulgated in the Motu Proprio Sacramentorum sanctitatis tutela” on 30 April 2001. A letter signed by Cardinal Joseph Ratzinger and Archbishop Tarcisio Bertone, respectively Prefect and Secretary of the Congregation for the Doctrine of the Faith, was sent to all the Roman Catholic Bishops on 18 May 2001. This letter informed the bishops of the new law and the new procedures which replaced the Instruction “Crimen Sollicitationis“.
The acts that constitute the most grave delicts reserved to the Congregation were specified in this letter, both those against morality and those committed in the celebration of the Sacraments. Also given were special procedural norms to be followed in cases concerning these grave delicts, including those norms regarding the determination and imposition of canonical sanctions.
The delicta graviora reserved to the Congregation for the Doctrine of the Faith were as follows: 
Delicts against the sanctity of the Most Holy Sacrament and Sacrifice of the Eucharist: 
1. Throwing away, taking or retaining the consecrated species for a sacrilegious purpose, or profaning the consecrated species (cic can. 1367; cceo can. 1442).
2. Attempting the liturgical action of the Eucharistic sacrifice or the simulation thereof (cic can. 1378 2 n. 1, can. 1379; cceo can. 1443).
3. Concelebrating the Eucharistic Sacrifice together with ministers of ecclesial communities which do not have Apostolic succession nor recognize the Sacramental dignity of priestly ordination (cic can. 908, 1365; cceo can. 792, 1440). 4. Consecrating one matter without the other in a Eucharistic celebration or both outside of a Eucharistic celebration (cf. cic can. 927).
Delicts against the sanctity of the Sacrament of Penance: 
1. Absolution of an accomplice in the sin against the sixth commandment of the Decalogue (cic can. 1378 1; cceo can. 1457).
2. Solicitation to sin with the confessor against the sixth commandment of the Decalogue, in the act of, context of or pretext of the Sacrament of Penance (cic can. 1387; cceo can. 1458).
3. Direct violation of the Sacramental seal (cic can. 1388 1; cceo can. 1456).
Delicts against morality: 
1. The violation of the sixth commandment of the Decalogue, committed by a cleric with a minor under the age of 18.
The procedural norms to be followed in these cases were as follows: 
– Whenever an Ordinary or Hierarch had at least probable knowledge (notitiam saltem verisimilem habeat) of the commission of one of the reserved grave delicts, after having carried out the preliminary investigation, he was to inform the Congregation for the Doctrine of the Faith which, unless it called the case to itself because of special circumstances, would indicate to the Ordinary or Hierarch how to proceed. The right of appeal against a sentence of the first instance was to be exercised only before the Supreme Tribunal of the Congregation.
 Criminal action in the cases reserved to the Congregation for the Doctrine of the Faith was extinguished by a prescription of ten years. It was also foreseen that prescription would be computed according to the norms of cic can. 1362 2 and cceo can. 1152 3, with the singular exception of the delict contra sextum cum minore, in which case prescription would begin to run from the day when the minor had completed his eighteenth year of age.
– In tribunals established by Ordinaries or Hierarchs, for the cases of the more grave delicts reserved to the Congregation for the Doctrine of the Faith, the functions of judge, promoter of justice, notary and legal representative could be validly performed only by priests. Furthermore, upon completion of the trial in the tribunal in any manner, the acts of the case were to be transmitted ex officio, as soon as possible, to the Congregation.
It was also established that all of the tribunals of the Latin Church and of all Eastern Catholic Churches were to observe the canons on delicts, penalties and the penal process of both Codes respectively. These were to be followed together with the special norms given by the Congregation for the Doctrine of the Faith.
Nine years after the promulgation of the Motu Proprio Sacramentorum sanctitatis tutela, the Congregation for the Doctrine of the Faith felt it necessary to propose certain changes to these norms, not modifying the text in its entirety, but rather only in a few areas, in an effort to improve the application of the law.
After a serious and attentive study of the proposed changes, the Cardinals and Bishops Members of the Congregation for the Doctrine of the Faith presented the results of their decisions to the Supreme Pontiff and, on 21 May 2010, Pope Benedict XVI gave his approval and ordered the promulgation of the revised text.
The text of the Norms on delicta graviora currently in force is the text approved by the Holy Father Benedict XVI on 21 May 2010.
(©L’Osservatore Romano – 21 July 2010)

Bibles with ‘Allah’ are Confiscated

 http://www.latimes. com/news/ nationworld/ world/la- fg-briefs30- 2009oct30, 0,7232083. story

 
October 30, 2009
 
MALAYSIA

Bibles with ‘Allah’ are confiscated

Malaysian authorities have confiscated more than 15,000 Bibles because they referred to “God” as “Allah,” a translation that has been banned in this Muslim-majority country, Christian church officials said.

The Rev. Hermen Shastri, general secretary of the Council of Churches of Malaysia, said authorities seized a consignment of 10,000 copies sent from Jakarta, Indonesia, to Kuching, in Sarawak state, on Sept. 11 because the Indonesian-language Bibles contained the word “Allah.”

An additional 5,100 Bibles, also imported from Indonesia, were seized in March, said an official from the Bible Society of Malaysia.

A Home Ministry official said he was not aware of the seizures.

Church officials say “Allah” is not exclusive to Islam but is an Arabic word that predates Islam.

Letter from an Israeli Jail

http://english. pravda.ru/ world/americas/ 08-07-2009/ 108016-letterisr aelijail- 0

08.07.2009

Letter from an Israeli Jail

This is Cynthia McKinney and I’m speaking from an Israeli prison cellblock in Ramle. [I am one of] the Free Gaza 21, human rights activists currently imprisoned for trying to take medical supplies to Gaza, building supplies – and even crayons for children, I had a suitcase full of crayons for children. While we were on our way to Gaza the Israelis threatened to fire on our boat, but we did not turn around.

The Israelis high-jacked and arrested us because we wanted to give crayons to the children in Gaza. We have been detained, and we want the people of the world to see how we have been treated just because we wanted to deliver humanitarian assistance to the people of Gaza.

At the outbreak of Israel’s Operation ‘Cast Lead’ [in December 2008], I boarded a Free Gaza boat with one day’s notice and tried, as the US representative in a multi-national delegation, to deliver 3 tons of medical supplies to an already besieged and ravaged Gaza.

During Operation Cast Lead, U.S.-supplied F-16’s rained hellfire on a trapped people. Ethnic cleansing became full scale outright genocide. U.S.-supplied white phosphorus, depleted uranium, robotic technology, DIME weapons, and cluster bombs – new weapons creating injuries never treated before by Jordanian and Norwegian doctors. I was later told by doctors who were there in Gaza during Israel’s onslaught that Gaza had become Israel’s veritable weapons testing laboratory, people used to test and improve the kill ratio of their weapons.

The world saw Israel’s despicable violence thanks to al-Jazeera Arabic and Press TV that broadcast in English. I saw those broadcasts live and around the clock, not from the USA but from Lebanon, where my first attempt to get into Gaza had ended because the Israeli military rammed the boat I was on in international water … It’s a miracle that I’m even here to write about my second encounter with the Israeli military, again a humanitarian mission aborted by the Israeli military.

The Israeli authorities have tried to get us to confess that we committed a crime … I am now known as Israeli prisoner number 88794. How can I be in prison for collecting crayons to kids?

Zionism has surely run out of its last legitimacy if this is what it does to people who believe so deeply in human rights for all that they put their own lives on the line for someone else’s children. Israel is the fullest expression of Zionism, but if Israel fears for its security because Gaza’s children have crayons then not only has Israel lost its last shred of legitimacy, but Israel must be declared a failed state.

I am facing deportation from the state that brought me here at gunpoint after commandeering our boat. I was brought to Israel against my will. I am being held in this prison because I had a dream that Gaza’s children could color & paint, that Gaza’s wounded could be healed, and that Gaza’s bombed-out houses could be rebuilt.

But I’ve learned an interesting thing by being inside this prison. First of all, it’s incredibly black: populated mostly by Ethiopians who also had a dream … like my cellmates, one who is pregnant. They are all are in their twenties. They thought they were coming to the Holy Land. They had a dream that their lives would be better … The once proud, never colonized Ethiopia [has been thrown into] the back pocket of the United States, and become a place of torture, rendition, and occupation. Ethiopians must free their country because superpower politics [have] become more important than human rights and self-determination.

My cellmates came to the Holy Land so they could be free from the exigencies of superpower politics. They committed no crime except to have a dream. They came to Israel because they thought that Israel held promise for them. Their journey to Israel through Sudan and Egypt was arduous. I can only imagine what it must have been like for them. And it wasn’t cheap. Many of them represent their family’s best collective efforts for self-fulfilment. They made their way to the United Nations High Commission for Refugees. They got their yellow paper of identification. They got their certificate for police protection. They are refugees from tragedy, and they made it to Israel only after they arrived Israel told them “there is no UN in Israel.”

The police here have license to pick them up & suck them into the black hole of a farce for a justice system. These beautiful, industrious and proud women represent the hopes of entire families. The idea of Israel tricked them and the rest of us. In a widely propagandized slick marketing campaign, Israel represented itself as a place of refuge and safety for the world’s first Jews and Christian. I too believed that marketing and failed to look deeper.

The truth is that Israel lied to the world. Israel lied to the families of these young women. Israel lied to the women themselves who are now trapped in Ramle’s detention facility. And what are we to do? One of my cellmates cried today. She has been here for 6 months. As an American, crying with them is not enough. The policy of the United States must be better, and while we watch President Obama give 12.8 trillion dollars to the financial elite of the United States it ought now be clear that hope, change, and ‘yes we can’ were powerfully presented images of dignity and self-fulfilment, individually and nationally, that besieged people everywhere truly believed in.

It was a slick marketing campaign as slickly put to the world and to the voters of America as was Israel’s marketing to the world. It tricked all of us but, more tragically, these young women.

We must cast an informed vote about better candidates seeking to represent us. I have read and re-read Dr. Martin Luther King Junior’s letter from a Birmingham jail. Never in my wildest dreams would I have ever imagined that I too would one day have to do so. It is clear that taxpayers in Europe and the U.S. have a lot to atone for, for what they’ve done to others around the world.

What an irony! My son begins his law school program without me because I am in prison, in my own way trying to do my best, again, for other people’s children. Forgive me, my son. I guess I’m experiencing the harsh reality which is why people need dreams. [But] I’m lucky. I will leave this place. Has Israel become the place where dreams die?

Ask the people of Palestine. Ask the stream of black and Asian men whom I see being processed at Ramle. Ask the women on my cellblock. [Ask yourself:] what are you willing to do?

Let’s change the world together & reclaim what we all need as human beings: Dignity. I appeal to the United Nations to get these women of Ramle, who have done nothing wrong other than to believe in Israel as the guardian of the Holy Land, resettled in safe homes. I appeal to the United State’s Department of State to include the plight of detained UNHCR-certified refugees in the Israel country report in its annual human rights report. I appeal once again to President Obama to go to Gaza: send your special envoy, George Mitchell there, and to engage Hamas as the elected choice of the Palestinian people.

I dedicate this message to those who struggle to achieve a free Palestine, and to the women I’ve met at Ramle. This is Cynthia McKinney, July 2nd 2009, also known as Ramle prisoner number 88794

Watching Obama Morph Into Dick Cheney

Watching Obama Morph Into Dick Cheney

By Paul Craig Roberts

May 21, 2009 “Information Clearing House” — – America has lost her soul, and so has her president.

A despairing country elected a president who promised change. Americans arrived from every state to witness in bitter cold Obama’s swearing-in ceremony. The mall was packed in a way that it has never been for any other president.
The people’s good will toward Obama and the expectations they had for him were sufficient for Obama to end the gratuitous wars and enact major reforms. But Obama has deserted the people for the interests. He is relying on his non-threatening demeanor and rhetoric to convince the people that change is underway.
The change that we are witnessing is in Obama, not in policies. Obama is morphing into Dick Cheney.
Obama has not been in office four months and already a book could be written about his broken promises.
Obama said he would close the torture prison, Guantanamo, and abolish the kangaroo courts known as military tribunals. But now he says he is going to reform the tribunals and continue the process, but without confessions obtained with torture. Getting behind Obama’s validation of the Bush/Cheney policy, House Democrats pulled the budget funding that was to be used for closing Guantanamo.
The policy of kidnapping people (usually on the basis of disinformation supplied by their enemies) and whisking them off to Third World prisons to be interrogated is to be continued. Again, Obama has substituted a “reform” for his promise to abolish an illegal policy. Rendition, Obama says, has also been reformed and will no longer involve torture. How would anyone know? Is Obama going to assign a U.S. government agent to watch over the treatment given to disappeared people by Third World thugs? Given the proclivity of American police to brutalize U.S. citizens, nothing can save the victims of rendition from torture.
Obama has defended the Bush/Cheney warrantless wiretapping program run by the National Security Agency and broadened the government’s legal argument that “sovereign immunity” protects government officials from prosecution and civil suits when they violate U.S. law and constitutional protections of citizens. Obama’s Justice Department has taken up the defense of Donald Rumsfeld against a case brought by detainees whose rights Rumsfeld violated.
In a signing statement this month, Obama abandoned his promise to protect whistleblowers who give information of executive branch illegality to Congress.
Obama is making even more expansive claims of executive power than Bush. As Bruce Fein puts it: “In principle, President Obama is maintaining that victims of constitutional wrongdoing by the U.S. government should be denied a remedy in order to prevent the American people and the world at large from learning of the lawlessness perpetrated in the name of national security and exacting political and legal accountability. ”
Obama, in other words, is committed to covering up the Bush regime’s crimes and to ensuring that his own regime can continue to operate in the same illegal and unconstitutional ways.
Obama is fighting the release of the latest batch of horrific torture photos that have come to light. Obama claims that release of the photos would anger insurgents and cause them to kill our troops. That, of course, is nonsense. Those resisting occupation of their land by U.S. troops and NATO mercenaries are already dedicated to killing our troops, and they know that Americans torture whomever they capture. Obama is fighting the release of the photos because he knows the barbaric image that the photos present of the U.S. military will undermine the public’s support for the wars that enrich the military/security complex, appease the Israel Lobby, and repay the campaign contributions that elect the U.S. government.
As for bringing the troops home from Iraq, this promise, too, has been reformed. To the consternation of his supporters, Obama is leaving 50,000 U.S. soldiers in Iraq. The others are being sent to Afghanistan and to Pakistan, where on Obama’s watch war has broken out big time with already one million refugees from the indiscriminate bombing of civilians.
Meanwhile, war with Iran remains a possibility, and at Washington’s insistence, NATO is conducting war games on former Soviet territory, thus laying the groundwork for future enrichment of the U.S. military/security complex. The steeply rising U.S. unemployment rate will provide the needed troops for Obama’s expanding wars.
Obama can give a great speech without mangling the language. He can smile and make people believe his rhetoric. The world, or much of it, seems to be content with the soft words that now drape Dick Cheney’s policies in pursuit of executive supremacy and U.S. hegemony.

Paul Craig Roberts wrote the Kemp-Roth bill and was assistant secretary of the Treasury in the Reagan administration. He was associate editor of the Wall Street Journal editorial page and contributing editor of National Review.


U.S. Officials Admitted that Boys Weere Sodomized In Iraq Prison

U.S. Officials Admitted that Boys Were Sodomized In Iraq Prison

By Washington’s Blog

May 21, 2009 “Washington’s Blog” —  Many people have heard Pulitzer prize winning reporter Seymour Hersh’s claim that boys were sodomized at Abu Ghraib and that the Pentagon has video of the rapes.

Many people think that they’ll believe it when and if they ever see the video. But we don’t need to wait for the military to release the videos. There is already proof that Hersh is right.
For example, the Guardian wrote in 2004:

The October 12 memorandum, reported in the Washington Post…came to light as more details emerged of the extent of detainee abuse. Formal statements by inmates published yesterday describe horrific treatment at the hands of guards, including the rape of a teenage Iraqi boy by an army translator.. .

According to the leaked memorandum … it also called for military intelligence officials to work more closely with the military police guards at the prison to “manipulate an internee’s emotions and weaknesses”. ..

In the Washington Post report, one detainee, Kasim Hilas, describes the rape of an Iraqi boy by a man in uniform, whose name has been blacked out of the statement, but who appears to be a translator working for the army.
“I saw [name blacked out] fucking a kid, his age would be about 15-18 years. The kid was hurting very bad and they covered all the doors with sheets. Then when I heard the screaming I climbed the door because on top it wasn’t covered and I saw [blacked out], who was wearing the military uniform putting his dick in the little kid’s ass,” Mr Hilas told military investigators. “I couldn’t see the face of the kid because his face wasn’t in front of the door. And the female soldier was taking pictures.”

It is not clear from the testimony whether the rapist described by Mr Hilas was working for a private contractor or was a US soldier…

Another inmate, Thaar Dawod, describes more abuse of teenage Iraqis. “They came with two boys naked and they were cuffed together face to face and Grainer [Corporal Charles Graner, one of the military policemen facing court martial] was beating them and a group of guards were watching and taking pictures from top and bottom and there was three female soldiers laughing at the prisoners,” he said.

More convincingly, the Telegraph wrote in 2004:

America was braced last night for new allegations of torture in Iraq after military officials said that photographs apparently showing US soldiers beating an Iraqi prisoner nearly to death and having sex with a female PoW were about to be released.

The officials told the US television network NBC that other images showed soldiers “acting inappropriately with a dead body”. A videotape, apparently made by US personnel, is said to show Iraqi guards raping young boys.

(If that link becomes broken, see this).

There you have it: the Telegraph implied in 2004 that U.S. officials admitted that there was a video of guards raping boys. Even if the Telegraph’s implication is wrong, there is strong evidence that such rapes did in fact occur as Hersh said.

And whether or not any of the rapists were U.S. soldiers or contractors, at the very least, American soldiers aided and abetted the rape by standing around and taking videos and photographs.

Whether or not Obama releases the photographic evidence, he must prosecute all of those who committed such atrocities, stood around and watched, ordered them to be committed, or created an environment in which they could occur.


Obama: From Anti-war Law Professor to Warmonger in 100 Days

Obama: From Anti-war Law Professor to Warmonger in 100 Days

It didn’t take long for President Barack Obama to swing behind targeted assassinations and bombing raids, says Alexander Cockburn

By Alexander Cockburn

May 21, 2009 “First Post” — How long does it take a mild-mannered, anti-war, black professor of constitutional law, trained as a community organiser on the South Side of Chicago, to become an enthusiastic sponsor of targeted assassinations, ‘decapitation’ strategies and remote-control bombing of mud houses at the far end of the globe?

There’s nothing surprising here. As far back as President Woodrow Wilson, in the early 20th century, American liberalism has been swift to flex its imperial muscle and whistle up the Marines. High-explosive has always been in the hormone shot.

The nearest parallel to Obama in eager deference to the bloodthirsty counsels of his counter-insurgency advisors is John F. Kennedy. It is not surprising that bright young presidents relish quick-fix, ‘outside the box’ scenarios for victory.

Obama’s course is set and his presidency is already stained the familiar blood-red

Whether in Vietnam or Afghanistan the counsel of regular Army generals tends to be drear and unappetising: vast, costly deployments of troops by the hundreds of thousands, mounting casualties, uncertain prospects for any long-term success ­ all adding up to dismaying political costs on the home front.

Amid Camelot’s dawn in 1961, Kennedy swiftly bent an ear to the advice of men like Ed Lansdale, a special ops man who wore rakishly the halo of victory over the Communist guerillas in the Philippines and who promised results in Vietnam.

By the time he himself had become the victim of Lee Harvey Oswald’s ‘decapitation’ strategy, brought to successful conclusion in Dealey Plaza, Dallas, on November 22, 1963, Kennedy had set in motion the secret counter-insurgency operations, complete with programs of assassination and torture, that turned South-East Asia and Latin America into charnel houses for the next 20 years.

Another Democrat who strode into the White House with the word ‘peace’ springing from his lips was Jimmy Carter. It was he who first decreed that ‘freedom’ and the war on terror required a $3.5bn investment in a secret CIA-led war in Afghanistan, plus the deployment of Argentinian torturers to advise US military teams in counter-insurgency ops in El Salvador and Nicaragua.

Obama campaigned on a pledge to ‘decapitate’ al-Qaeda, meaning the assassination of its leaders. It was his short-hand way of advertising that he had the right stuff. Now, like Kennedy, he’s summoned the exponents of unconventional, short-cut paths to success in that mission.

Lt. Gen. Stanley A. McChrystal now replaces General David McKiernan as Commander of US Forces in Afghanistan. McChrystal’s expertise is precisely in assassination and ‘decapitation’ . As commander of the military’s Joint Special Operations Command (JSOC) for nearly five years starting in 2003, McChrystal was in charge of death squad ops, his best advertised success being the killing of Abu Musab al-Zarqawi, head of al-Qaeda in Iraq.

The phrase ‘sophisticated networks’ tends to crop up in assessments of McChrystal’s Iraq years. Actually there’s nothing fresh or sophisticated in what he did. Programmes of targeted assassination aren’t new in counter-insurgency. The most infamous and best known was the Phoenix Program in Vietnam, designed to identify and eliminate cadres of Vietnam’s National Liberation Front, informally known as the Viet Cong, of whom, on some estimates, at least 40,000 were duly assassinated.

In such enterprises two outcomes are inevitable. Identification of the human targets requires either voluntary informants or captives. In the latter instance torture is certain, whatever rhetorical pledges are proclaimed back home. There may be intelligence officers who rely on patient, non-violent interrogation, as the US officer who elicited the whereabouts of al-Zarqawi claims he did.

But there will be others who will reach for the garden hose and the face towel. (McChrystal, not uncoincidentally, was involved in the prisoner abuse scandal at Baghdad’s Camp Nama. He also played a sordid role in the cover-up of the friendly-fire death of ex-NFL star and Army Ranger Pat Tillman.)

Whatever the technique, a second certainty is the killing of large numbers of civilians in the final ‘targeted assassination’ . At one point in the first war on Saddam Hussein in the early 1990s, a huge component of US air sorties was devoted each day to bombing places where US intelligence had concluded Saddam might be hiding. Time after time, after the mangled bodies of men, women and children had been scrutinised, came the crestfallen tidings that Saddam was not among them.

Already in Afghanistan public opinion has been inflamed by the weekly bulletins of deadly bombardments either by drones or manned bombers. Still in the headlines is the US bombardment of Bala Boluk in Farah province, which yielded 140 dead villagers torn apart by high explosives, including 93 children. Only 22 were male and over 18.

Perhaps ‘sophisticated intelligence’ had identified one of these as an al-Qaeda man, or a Taliban captain, or maybe someone an Afghan informant to the US military just didn’t care for. Maybe electronic eavesdropping simply screwed up the coordinates. If we ever know, it won’t be for a very long time. Obama has managed a terse apology, even as he installs McChrystal, thus ensuring more of the same.

Obama is bidding to be as sure-footed as Bush in trampling on constitutional rights

The logic of targeted assassinations was on display in Gaza even as Obama worked on the uplifting phrases of his inaugural address in January. The Israelis claimed they were targeting only Hamas even as the body counts of women and children methodically refuted these claims and finally extorted from Obama a terse phrase of regret.

He may soon weary of uttering them. His course is set and his presidency already permanently stained the ever-familiar blood-red tint. There’s no short-cut in counter-insurgency. A targeted bombing yields up Bala Boluk, and the incandescent enmity of most Afghans. The war on al-Qaeda mutates into the war on the Taliban, and 850,000 refugees in the Swat Valley in Pakistan.

The mild-mannered professor is bidding to be as sure-footed as Bush and Cheney in trampling on constitutional rights. He’s planning to restore Bush’s kangaroo courts for prisoners at Guantanamo who’ve never even been formally charged with a crime! He’s threatening to hold some prisoners indefinitely in the US without trial.

He’s even been awarded a hearty editorial clap on the back from the Wall Street Journal: “Mr. Obama deserves credit for accepting that civilians courts are largely unsuited for the realities of the war on terror. He has now decided to preserve a tribunal process that will be identical in every material way to the one favoured by Dick Cheney.”

It didn’t take long. But it’s what we’ve got ­ for the rest of Obama-time.

source: thefirstpost.co.uk