War Crime or Murder?
Posted: December 2, 2025 Filed under: Uncategorized | Tags: Constitution, dod, Donald Trump, franklin-cartoon, jsoc, news, pete-hegseth, Rules of Engagement, Secretary of Defense, UCMJ, Ukraine, United States Constitution, War Crimes, war-on-drugs Leave a commentAn AI generated cartoon from Secretary of Defense Pete Hegseth that he posted on “X” in response to war crime accusations. Franklin is a character from books and an animated TV series for young children . Apparently, the Secretary has nothing better to do than to “own the libs.”
The United States continues to attack unarmed boats at sea under the guise of stopping alleged narco-terrorists operating in international waters in the Caribbean Sea and eastern Pacific Ocean. To date they have attacked at least 23 boats and killed over 80 people. The president and his cabinet allege that the boats carry drugs that are killing tens of thousands of Americans. As I have explained in previous posts, such claims are baloney. The administration has yet to present any concrete evidence that the boats are being used in the drug trade or to explain exactly how this is a direct threat to the United States since the boats are too small with too little fuel to directly reach the United States. The president wrongly asserts that he can declare anyone a terrorist and thus they can be legally killed by the U.S. Armed Forces.
In the last few days, the Washington Post published an article asserting that the Secretary of Defense ordered the destruction of the first boat attacked on 2 September this year, with the order to “kill everybody.” There were eleven people onboard, which to those of us that have participated in stopping the drug trade, means it is unlikely that there were significant, if any, drugs on board because the number of people limits the cargo space. There are usually only three people on drug boats like these. After the first weapon hit the boat — the only video released to the public — two people were observed in the water clinging to the wreckage. A second attack followed to kill the unarmed, helpless survivors. This is in direct contrast to everything that the United States holds near and dear and is a crime under U.S. law, international law, and the Department of Defense Law of War Manual which in section 18.3.2.1 describing clearly illegal orders and violations says, “for example, orders to fire upon the shipwrecked would be clearly illegal.” It is the same as the German U-boat commanders machine gunning survivors in lifeboats after hitting a ship with torpedoes.
Most legal experts, former military officers and national security officials understand that the entire operation is illegal. It is not a military problem, it is a legal problem. Even if the people in those boats are drug runners, they are criminals, not terrorists and not a direct threat to Americans. If the attacks are illegal, then the United States is murdering people on the high seas. Even if one believes that the entire operation is legal, then a war crime was committed. Trump and his administration claim that this is to stop the illegal drug trade, which would be humorous even if it were true. The people in the boats are not cartel members or anything but mostly poor fishermen that have been coerced into transporting the cargo or paid a few hundred dollars to help feed their family. This is not to say that anyone condones such activity, but no one is going after the real drug lords or manufacturing plants or distribution centers. Instead we have a Secretary of Defense acting like a 12 year old with new toys to play with. After the first video went public, the Secretary was on Fox News bragging about how he ordered the operation and watched the whole thing “live.” Clearly he knew what happened and observing his personality, he probably thought it was really cool to kill people.
There is now a concerted effort to pin the whole thing on the operational commander Admiral Frank M. “Mitch” Bradley, USN. At the time he was the Joint Special Operations Command (JSOC) commander in Fort Bragg North Carolina. Trump and Hegseth are publicly washing their hands of the whole thing by claiming “support” for the Admiral who they say ordered the strikes. In fact, Admiral Bradley should be held accountable. Whether or not Hegseth ordered the second strike, the Admiral should have known it was an illegal order. But clearly, by his own statements, Hegseth was involved as the senior person in the chain of command that conducted the attack. Therefore he is liable for a war crime. Or murder.
I suspect that there has been push-back from the military about the anti-fishing boat operation. As I wrote earlier, Admiral Alvin Holsey, USN is resigning two years early from his post in charge of the military’s U.S. Southern Command responsible for the Caribbean and Latin America. Widespread reporting indicates that he is leaving after arguing with Hegseth over these operations. Additional reporting indicates that military Judge Advocates General (JAG) did not clear these operations. They decided that they were illegal. The final opinion on the matter — claiming that the U.S. was in ” non-international armed conflict” with “designated terrorist organizations” — came from the Department of Justice (DOJ) Office of Legal Counsel. In other words, non-military people that are coopted in Pam Bondi’s DOJ that is running amok.
Remember that one of Hegseths first moves when voted into office (by one vote — the Vice President’s) was to fire scores of JAGs. Additionally, I warned back in September that Hegseth’s speech to all flag and general officers and senior enlisted at Quantico Virginia had some very disturbing words in it. It turns out that he was signaling that war crimes were just fine with him. As a reminder, here is what he said about the Rules of Engagement (ROE) — essentially what is legal or illegal during a particular operation.
“We also don’t fight with stupid rules of engagement. We untie the hands of our warfighters to intimidate, demoralize, hunt and kill the enemies of our country. No more politically correct and overbearing rules of engagement, just common sense, maximum lethality and authority for warfighters.” (emphasis added)
Apparently telling people not to kill unarmed survivors that pose no threat is stupid. What a great patriot!
Only an unserious person would think that all of this is about stopping drugs and killing terrorists. There are several “tells.” First, that they did not want any survivors in the first attack. Second, they actually returned two other surviving “narco-terrorists” from another attack on a “go-fast” boat to their native countries where they were allowed to go home. Why? If these are the worst of the worst why not take them prisoner, bring them to the U.S. and put them on trial? In my opinion they did not do that because they would have had to produce actual evidence of their crimes and the survivors would have a chance to tell the world what they were really doing. It would not hold up to public scrutiny. If you want further evidence that this is not a serious counter-drug operation Trump just pardoned and released the former president of Honduras Juan Orlando Hernandez who had been convicted of drug trafficking and sentenced to 45 years in prison. He was at the center of an enormous drug ring that brought tons of cocaine into the United States, tortured informants and is believed to be responsible for more than 50 murders. Trump said it was a political “witch hunt” by President Joe Biden and set him free. So much for the war on drugs.
So what is really going on? I do not know but I have an idea.
Besides the cosplay by Hegseth — have you noticed he is not in on any serious national issues such as the war in Ukraine, solving the Middle East crisis, working on China issues, procuring future weapons systems or anything else that a real Secretary of Defense would have in his portfolio? — there is something else going on.
I think that Trump sees the world as dominated by three people — himself, Putin and Xi. Each has, or should have, their own spheres of influence where they can pretty much do as they want. Trump’s domain is the Western Hemisphere. Putting 15,000 uniformed Americans in the Caribbean area of operations is a demonstration to the rest of the hemisphere that he has the power and the will to use it against anyone that gets in his way. Blowing up fishing boats is a manifestation of that power. He is showing that he can do anything that he wants. In Venezuela, it is to get oil for his billionaire oil buddies that are paying him what are, in essence, bribes by buying his crypto, bitcoins and “contributing” to his various vanity projects.
For Putin, Ukraine is his for the taking. Trump probably believes that Putin deserves to control Ukraine because Russia is a power and Ukraine is not. If one looks closely at the 28 point peace plan — experts can tell it was originally written in Russian and then translated into stilted English — it is really a surrender plan. It gives Russia everything they want with no guarantees of Ukrainian sovereignty. Note also that the prime negotiators for the Russians and the U.S. are billionaire businessmen. Included in the negotiations are many U.S.-Russian business deals ranging from oil to precious minerals to development projects. Ukrainian concerns are not Trump’s concerns. He has also offered to broker a “deal” between NATO and Russia. Wait. What? The U.S. is part of NATO, how could he do that? Because he does not believe in NATO and would leave it at the drop of a hat if it meant a deal with Russia where he benefits. (I have no idea, but some people speculate that the Russian intelligence agencies have copies or at least know what is in the Epstein files.)
Xi gets to have the western Pacific. Specifically he can take Taiwan without the U.S. offering any real resistance. China is big and powerful, Taiwan is not. Japan is not. China deserves it.
Note how Trump talks with such admiration about Putin and Xi. He thinks he is in their league and that they adore him as much as he adores them. So, lets divvy up the world and all its riches. Trump will make himself rich (he has already accumulated billions since he came into office) and he will make all of his billionaire buddies even richer. Same with Putin and Xi. Regional alliances and the rule of law are old fashioned. Plutocrats rule! We, the rich and powerful will run everything. If other people were as smart and savvy as we are they wouldn’t be poor and weak.
With that perspective, a lot of what this administration is doing makes sense. What’s a war crime against some peasants in a boat when we own the world?
Six Senators and Representatives with military and national security backgrounds released a video reminding the military that not only does one not have to obey an illegal order, it is the law as established in the Uniform Code of Military Justice (UCMJ) that they must not obey an illegal order. The six are 100 percent correct as any individual that has been in the military more than two months knows. Hegseth is clearly threatened as he is making a lot of noise about bringing Captain Mark Kelly, USN (ret) (now a Senator from Arizona) up before a court martial. (Officers serve at the pleasure of the president. Retired officers can be recalled to active duty at any time — even if it is extremely unusual.) The others are being threatened by the FBI. It is ridiculous and without any legal grounding to do so, but the intent is not to actually convict anyone. The intent is in the harassment, expenses and time involved in defending oneself. It is meant to instill fear and to inhibit criticism. The exercise of power against the powerless. The message is that if we can come after these high ranking people we can come for you. He also thinks that the military should be loyal to him, not to the Constitution. They should do whatever he orders them to do and the six are getting in his way. He even threatened to execute them.
Each of those participating in the video ended their explanation the same way that we should all be thinking — from “No Kings” demonstrations to quiet support for those in need. We should all remember their words which are the foundational motto of the United States Navy:
DON’T GIVE UP THE SHIP!
Disgusting!
Posted: August 17, 2025 Filed under: Uncategorized | Tags: Donald Trump, Historical Perspective, NATO, putin, Russia, Sanctions, Ukraine, US-Russia Summit, Vladimir Putin, War, War Crimes Leave a commentNauseating! Embarrassing! Revolting! Stomach-churning! Mind-boggling!
These are but a few of the phrases I have seen over the last few days following the spectacle that took place at Joint Base Elmendorf-Richardson near Anchorage, Alaska on Friday. The best thing that can be said about it is that the Secretary of Defense did not rename the facility after a Confederate general while he was there. Right from the beginning, the optics were horrible as Russian President Vladimir Putin looked like he was in charge while the President of the United States looked like he was a lost puppy that finally found his master. Trump simply could not keep his hands off Putin.
Think about this. Trump gave full honors to an indicted war criminal that is responsible for kidnapping thousands of children from Ukraine and indiscriminately bombing civilians including a maternity ward, schools, numerous hospitals and countless other buildings that have no military value whatsoever. Barbaric atrocities such as those against the poor people of Bucha, Ukraine should not be forgotten. Putin has a warrant out for his arrest by the International Criminal Court (ICC) and Trump gives him a hero’s welcome. Then again, Trump is a convicted felon 34 times over, an adjudicated sex offender, indicted for mishandling (stealing) classified documents, indicted for trying to overturn the 2020 election and impeached twice. The law and order president that pardoned nearly 2,000 convicts surrounding the assault and ransacking of the capital, put a convicted child sex trafficker in a minimum security prison, and pardoned convicted drug traffickers probably felt right at home with his counterpart in crime.
I am willing to opine that Trump went into the summit ill-prepared and thought that he could just schmooze his way to an agreement over Ukraine. Despite the fact that Putin has been unwavering in his demands for ending the war that Russia started. Somehow, people, including Trump, blame Ukraine for the war. It might help to start with the facts if one wants to solve a problem. But then, Trump has always been fact challenged. Putin had him for lunch — probably the reason Putin left early before the ceremonial lunch Trump had planned — as he had already filled up on embarrassing Trump.
Putin schooled Trump on how power really works in the world. Not only did he control the narrative, he spoke first in briefing the results of the talks (in diplomatic circles the host country speaks first) and laid out his demands. Putin did not agree to a ceasefire, and like the nickname TACO (Trump Always Chickens Out), Trump dropped his demands for a ceasefire before negotiations continue (he says that they usually do not work, anyway) and dropped imposing further sanctions on Russian oil exports to other countries. Could it be because Putin agreed with Trump that the 2020 election was rigged — because of mail-in voting according to the war criminal — and that the war with Ukraine would not have started if Trump were president in 2022? With Trump, flattery will get you whatever you want, especially if you are a ruthless dictator.
Note that no European nations or organizations were present, despite the fact that European security rests heavily on the outcome of the largest land war in Europe since World War II, and not to mention that Ukraine — the country that was invaded — had no representation. On the up side, many observers were worried that Trump would do his best Neville Chamberlain impersonation and declare “peace in our time” while handing over the Ukrainians to Russian subjugation. Thankfully, that did not happen. Yet. During the press brief (no questions from the press were allowed) Putin looked and acted elated and full of vigor. Trump looked defeated and tired.
Putin lectured the world from that podium on U.S. territory. His position has not changed. As he said, until the “root causes” of the war are resolved, there will be no peace. What are his root causes? His goal is to effectively, if not actually, return Ukraine to its role in the Soviet Union prior to the fall of the Berlin wall. Total domination. Putin claims that his goal is to “demilitarize and denazify” Ukraine. That means a “neutral” Ukraine with no NATO guarantees for Ukraine’s security, no strong Ukrainian military, and that Ukraine recognize that Crimea belongs to Russia and cede the Donetsk region of Ukraine to Russia. (The Donetsk was Ukraine’s most populous region with much of its industrial capacity before the war.)
So, essentially, here is what happened. Putin came to Alaska (which some in Russia consider still to be a part of their country), got a tremendous photo op with the leader (?) of the free world including a one-on-one ride in the presidential limousine thereby gaining prestige and increased power in his own country and the rest of the world; lectured Trump on the history of Russia and its relationship with Ukraine, including that the Ukrainians are really Russians with a different accent; laid out his non-negotiable demands to end the war that he started; refused to talk to the press; snubbed Trump’s ceremonial luncheon; cut the meeting time in half; got back on his plane and left. Meanwhile Trump in his remarks mumbled something about how the meeting was “very useful” and adopted Putin’s talking point that a cease-fire was not needed and that only a complete peace agreement was satisfactory. All taking place while more innocent Ukrainian civilians, children, women, and men continue to have drones and missiles rain down on them and people continue to die. Trump gives the word “deal” the worst possible meaning. He has no idea what a real deal might be. The only deals he knows are how to swindle people on real estate sales.
I have no problem with the U.S. and Russia meeting to try and solve the issues surrounding the war. I do have a problem with a fawning President of the United States adopting the talking points of a war criminal and not including Ukraine in the discussions. Rightly, Ukraine President Volodymyr Zelenskyy will not accept any agreement of which they are not a part. Their slogan could be “nothing about us without us.” President Zelenskyy is scheduled to meet with Trump tomorrow in Washington D.C. Their last meeting did not go well as Trump and his henchmen bullied Mr. Zelenskyy telling him he had “no cards” to play in the negotiations. Trump proved on Friday that he is the one being taken for his lunch money at the card table.
Russia and Putin only understand power. Anyone with even a passing knowledge of history knows that the only way to get Putin’s attention is through strength, not schmoozing. If Trump is serious about ending the war in Ukraine he should immediately put sanctions on Russian oil to third parties (their illegal oil exports are about the only thing keeping Russia economically afloat), increase the number and lethality of U.S. and NATO weapons to Ukraine, remove any restrictions on their use, including the current limited range into Russia proper and work to completely isolate Putin and Russia on the international stage.
Instead, we got one of history’s most pathetic showings by a U.S. president in international negotiations that anyone can remember. It was a bad day for America.
Ukraine (Still) Has Not Perished
Posted: October 12, 2022 Filed under: Uncategorized | Tags: Russia, Ukraine, War Crimes 1 CommentIn English, the Ukrainian national anthem is known as “Ukraine Has Not Perished.” Indeed, it has not perished, even as the unprovoked Russian invasion of its territory continues. The initial invasion took place in February 2014 and the Russians invaded again in February 2022. Over seven months ago, Russian President Vladimir Putin went all in on his long-standing desire to annex all of Ukraine, not just Crimea or the eastern part known as the Donbas. After seven long months of warfare, massive casualties continue to mount on both sides of the conflict. Recently, however, the Ukrainians have shown themselves to be the superior force on the ground — both in terms of their fighting ability and in terms of their will to destroy the Russian troops invading their country. There does not appear to be any comparable will to fight in any of the Russian units engaged in combat and thus the tide is starting to slowly turn in the Ukrainians’ favor.
Perhaps surprisingly so, the Ukrainian successes create an ever more dangerous situation. The last few weeks have shown that President Putin is not willing to back off of his stated goal to crush the Ukrainian people, overthrow its government, and install a puppet regime that is controlled by Moscow. Indeed, he is doubling down despite his gross miscalculation that he could take Ukraine in a matter of days with a quick strike into Kyiv. To show his resolve to control Ukraine, earlier this month he formally annexed the regions of Luhansk, Donetsk, Kherson, and Zaporizhzhia in eastern Ukraine. That part of the country is where the fighting on the ground continues and the Russian and pro-Russian forces are concentrated there. The annexation was announced despite one important thing — the Russians do not control all of that territory. In fact, Ukrainian forces have the Russians in retreat in several parts of the annexed areas. This is where things get dicey.
President Putin declared that those four regions were now a part of Russia proper (just as he claimed Crimea in 2014) and that an attack on them would be considered an attack on the homeland. In a late September speech, President Putin declared that he was willing to use nuclear weapons to defend Russia’s “territorial integrity.” Since then he has reiterated that he is willing to use “all means necessary” to protect the newly acquired territory, which is a euphemism for threatening to use Weapons of Mass Destruction (WMD) to prevent Ukraine from retaking their own territory. (WMD are chemical, biological and nuclear weapons.) Bluff? Bluster? Empty threats? Warning? No one is sure, and that is the problem. Mr. Putin backed himself into a corner that now threatens the stability of Russia as a country and threatens his own iron grip on the population. He considers the current state of affairs to be “an existential threat” to Russia and to himself. Is it possible that if he sees his own safety and power threatened that he would lash out? Possibly, but let’s look a little closer.
The past few days have given us some ideas as to how Mr. Putin might respond to an expanded war. When the twelve mile long Kerch Strait Bridge from Crimea to Russia was partially damaged on Sunday, the Russians retaliated by launching massive air strikes using approximately one hundred cruise missiles and suicide drones in one morning to attack Ukrainian infrastructure and civilian neighborhoods. (So far, no one has claimed responsibility for the attack on the bridge, but Russia assumes it was Ukrainian special forces.) The Russian supply of such weapons is not endless, but air strikes are probably the primary method that the Russians will use to continue to disrupt daily life in Ukraine and to inflict serious damage. The intent is to break the will of the civilian population and force the Ukrainian government to seek a settlement of some kind. It will not work.
The Russian style of warfare is based on raw brutality. Massive numbers of people and weapons are used against every aspect of an opponent’s military and civilian systems, capabilities, support and people. The term “collateral damage” does not exist for Russia. Killing civilians and destroying playgrounds, hospitals, apartment buildings, and any other area of a city is the point. Torture is a tool to be used. Indiscriminate bombing is a tool to be used. Everything is on the table. If brutality is the point, then that adds credibility to any threat to use WMD. So does that include nuclear weapons?
In my opinion, no. Not because Mr. Putin considers them to be off the table. Rather, so far, he calculates that he has other means at his disposal to achieve his war aims. In my many years in the military, I never seriously believed that we, or anyone else, would use nuclear weapons. The deterrent impact of sufficient numbers of weapons on both sides made it highly improbable. But now, for the first time in my adult life (I was around for the Cuban Missile Crisis, but that is a different situation), the chances are not zero. I still think that the probability of Mr. Putin using a nuclear weapon, even as a “demonstration,” is incredibly low, but no one knows for certain what he may be capable of doing. Probably more likely is the use of chemical weapons. The Russians used them, or at least abetted their use, in Syria. It may be as the Russian army withdraws from yet another town or village that the incoming Ukrainian forces may be subject to a chemical attack. If so, it is likely to be on a small scale and intended to be a deterrent to a continuing Ukrainian offensive and a warning to the rest of the world that the Russians are not bluffing when they threaten to defend themselves using “any means necessary.”
More likely, the Russians will expand their use of asymmetric attacks such as cyberwarfare, economic warfare such as limiting or stopping the export of oil or natural gas, or halting the shipment of goods (especially grain) from the Black Sea. A clear sign of such efforts occurred in late September this year when Swedish and Danish sensors detected explosions in the Baltic Sea. It was soon discovered that the Nord Stream pipelines running from Russia to Europe were experiencing massive leaks, thus stopping the flow of natural gas to Europe. To date, there is no official blame or explanation for the leaks. It is widely believed, however, that Russian special forces are to blame. The Russians, and other nations including the United States, have the capability to operate from submarines near the seabed to disrupt the wide array of modern infrastructure that crosses great bodies of water such as gas and oil lines and fiber optic cables. As winter approaches, Mr. Putin may be pushing European nations, especially Germany, to give up their support of Ukraine by disrupting their economies and signaling that other elements of infrastructure could be at risk if their support to Ukraine continues. It may be a long, cold winter in much of Europe. In the short run, it actually hurts Russia as the gas it sells to Europe is a major element of support to the Russian economy. The side effect is to again signal that Mr. Putin is willing to do “anything,” even if it hurts his own people, to achieve his goals. I would expect to see more of these moves from the Russians, as long as they can plausibly (or in some cases implausibly) deny their involvement.
The war in Ukraine will drag on for months to come, possibly years. Mr. Putin knows that he is in trouble on the ground and his army is being destroyed. Recent attempts to mobilize 300,000 additional troops to fight in the war have gone badly. Russian men are leaving the country in droves. Reportedly, over 200,000 have fled to Kazakhstan alone. Another 100,000 are said to have left for other countries surrounding Russia in order to avoid conscription. Even if he raises an additional 300,000 troops, they will be poorly trained and equipped based on what we see with his allegedly “elite” forces that have already been decimated on the battlefield. They will only be cannon fodder, which is yet another indicator that the Russian army and Mr. Putin in particular have no concerns about the lives and well-being of their soldiers or their civilians. It is worth noting that Mr. Putin’s retaliatory strikes this week and his threats to use “any means necessary” are not aimed at the Ukrainian soldiers on the front. Rather, they are all aimed at the Ukrainian civilian population. It is terrifying for them, but as has happened throughout history, his terror tactics only increase the resolve of those under attack.
Mr. Putin has many options left in his bag of tricks. However, even he must recognize that he does not want to go toe-to-toe with NATO. He must also recognize that as his attacks on Ukrainian cities escalates, he runs the risk of NATO and other friendly nations increasing the number and sophistication of the weapons they are sending to Ukraine.
It is hard to know how this conflict ends, but it is increasingly less likely that there will be a negotiated settlement.
Never Again!
Posted: April 19, 2022 Filed under: Uncategorized | Tags: Genocide, Russia, Ukraine, Vladimir Putin, War, War Crimes 4 CommentsIn what should be more than a war of words, the term “genocide” is being tossed around in the wake of the fighting during Putin’s War. Russian President Vladimir Putin used the term prior to his invasion of Ukraine, claiming that the Ukrainians were committing genocide against the Russian speaking population of Donbas in the eastern part of Ukraine. Indeed, it is part of his disinformation campaign to justify his invasion and he connects it to his declaration that the Ukrainian government is run by “Nazis.” There is a long history of this sort of talk from Mr. Putin. In short, the Soviet Union’s war against Nazi Germany in World War II is glorified in Russian history beyond any level that we in the United States may understand. He is trying to build support for his war by tying it to the success of the Soviet army against the Nazis. Forgotten in that telling, of course, is that in 1939 the Soviet Union was allied with Germany via a non-aggression pact and they divided Poland between them. Also conveniently forgotten is that in April and May of 1940 the Soviets executed about 22,000 Polish military officers and intelligentsia in the Katyn forest.
In 2022 we face a difficult situation. President Joe Biden called Mr. Putin a “war criminal” for the atrocities taking place in Ukrainian areas occupied or under siege by Russian troops. At last count, Ukrainian government prosecutors were investigating about 5,800 cases of war crimes and crimes against humanity, with more uncovered everyday. These are facts which, unfortunately, many of us can see for ourselves each night on the national news. Last week Mr. Biden took it a step further during an event in Iowa by saying that Mr. Putin is “a dictator that commits genocide.” Later, he doubled down on his statement saying, “Yes. I called it genocide. It’s become clearer and clearer that Putin is trying to wipe out the idea of being Ukrainian.” Which has a basis in fact, as Mr. Putin repeatedly claims that Ukraine should cease to exist as a sovereign nation. He believes it should be Russian with only Russian speakers living there.
War crimes, crimes against humanity and genocide are all legal terms under international law. Each is the result of ever more horrifying actions of one people against others. Genocide, however, has usually been reserved for the most heinous of crimes and gives another level of importance to the events in Ukraine. As if they were not already of utmost importance. The moral stakes are as high as they can be.
The 1948 Convention on the Prevention and Punishment of the Crime of Genocide (often called the Genocide Convention) codified the United Nations resolution of 1946 that made genocide a crime under international law. In Article II, the Convention document defines genocide as meaning “any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group as such: Killing members of the group; Causing serious bodily or mental harm to members of the group; Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; Imposing measures intended to prevent births within the group; Forcibly transferring children of the group to another group.”
I will leave it to the international law experts to define what “in whole or in part” means, but it would seem that actions by one nation attempting to eliminate another does not have to succeed in entirely wiping them out. Merely trying to do so is a crime. In fact, the Convention states that conspiracy or incitement to commit genocide is itself a crime. Certainly it is easy from what we know in open source reporting that the Russians have violated at least four of the five genocidal actions under the Convention.
Sadly, whether brought up on war crime charges or for genocide, it is unlikely that Mr. Putin or any of those in his inner circle or those carrying out his orders will be brought to trial. Under the Convention the investigation and trial of such crimes are to be undertaken by the nation in which they occurred or in international court.
The real issue here is a moral one. It raises new questions about how NATO should support Ukraine and how this conflict will end. If we in the West truly believe in the slogan “Never Again!” — meaning we will never again sit by and watch the slaughter of thousands or millions of our fellow human beings as occurred in the Nazi death camps — then now is the time to step up. This is a major test of the world order and a test that will have consequences for decades to come. Russians are deliberately torturing, killing, beheading, raping, and desecrating civilians in Ukraine. I’ll repeat that. Deliberately. Even though I cannot understand how human beings can be so cruel to others — and yes, I know my history from around the world including here in the U.S. — it is none-the-less happening. It is an instrument of planned terror. It also provides a look into the psyche of the average Russian. Only by dehumanizing an opponent — thinking of them as “scum” (Putin’s word) and other than human — can people be so cruel.
These actions also impact how the war will end. How can Ukraine reach a negotiated settlement with Russia if the Russians are attempting to wipe out the very meaning of what it means to be Ukrainian? How can the West broker a settlement with a country accused of genocide? Is anything short of a complete defeat of Russia rewarding their genocidal policy? Does giving up Ukrainian territory — rewarding Russia for committing genocide — even make sense? Such questions have a significant impact on the course of the war, who gets involved, and its outcome.
My thoughts on NATO and with that, U.S. support to Ukraine have evolved over the course of the last few weeks. I think we need to go all in. Not with troops in Ukraine — at least not yet — but with every offensive and defensive weapon we can reasonably give to Ukraine. I am sure that we are providing valuable intelligence data to the Ukrainians (surprise Russian flagship Moskva!) to help them with their targeting but we should take that a step further to allow them to attack into Russian territory to hit supply, fuel and military targets. Continue to put our best military minds to work with imaginative, but deniable, actions that hinder the Russian military. Sanctions are the public face of such efforts — and they are beginning to work — but there is much more to do. Our covert capabilities are excellent. There is more to do without directly fighting the Russians.
The moral imperative is there now. I have come to understand what Ukrainian President Volodymyr Zelenskyy is saying about how this is a fight for the future of western democracies. It may sound like hyperbole, or over-dramatization on their part, but as we see the ruthless brutality of the Russians such statements take on more meaning. Importantly, remember why Mr. Putin started this war. Once the propaganda is removed it is for one major reason. He saw a direct challenge to his totalitarian regime. If Ukraine — where many Russians have family members as do Ukrainians in Russia — becomes a full fledged western democracy sitting fully on his border, he will soon have internal domestic problems as more and more Russians clamor for a similar assimilation into Europe. As it is, many of his troops are seeing a way of life that they could not imagine. In addition to the subjugation of a nation, there is a reason Russian troops are carrying away washing machines, laptops, televisions and other consumer goods. They cannot get them in many parts of Russia and certainly, many average Russians cannot afford them.
Mr. Putin is desperate to maintain his way of life and to rule Russia with an iron fist. That is why Ukraine is such a threat. He must destroy it in order to show that the western democracies of NATO cannot succeed in protecting it, therefore no nation should think that democracy is a way of governing that succeeds. How far he is willing to go in this scorched earth policy we can only guess. This is the first time in my experience that sober, knowledgeable people are talking about the use of nuclear weapons. Many surmise that Mr. Putin thinks such weapons are a viable option if needed to succeed in Ukraine. That should give all of us pause and emphasize once again how serious this war is and how much more serious it can become.
We get easily distracted by such things as “The Slap” at the Academy Awards show, or whether we now have to wear masks on airplanes. Life goes on, yes, but the stakes are higher in Ukraine than many believe. Five million people to date have left Ukraine for other countries. This in its self is a humanitarian crisis. It is also part of the Russian plan to destabilize western Europe by disrupting the ability of democratic governments to care for their own people and the refugees.
Genocide is underway. There is a massive humanitarian crisis underway. Terror is raining down on the civilians in many Ukrainian cities, killing tens of thousands of innocent men, women and children. Russia is reportedly deporting women and children from occupied areas to camps in Russia. More atrocities will be uncovered. Mr. Putin is trying to destroy the ideals of western democracy. The list will grow longer.
If we mean “Never Again!” we need to act on it.
The Butcher of Bucha
Posted: April 5, 2022 Filed under: Uncategorized | Tags: Ukraine, War Crimes Leave a comment“Russia is worse than ISIS. Full stop.”
Dmytro Kuleba, Ukrainian Foreign Minister
This past weekend we witnessed two significant events surrounding Russia’s war on Ukraine. The Russians withdrew from the towns and suburbs around the capital Kyiv, and the resulting discoveries were horrendous. Besides the utter destruction of homes and buildings, it was clear to the most impartial observers that the Russians had conducted untold atrocities on the civilian population including murder, rape and looting. To date, over four hundred civilian Ukrainians are known to have been murdered in one town alone. Some were buried in mass graves, some were left where they were shot in the street. Dozens were shot execution style with their hands tied behind their backs. The pictures are horrifying. The stories from the survivors are worse. The town of Bucha was the first to uncover the breadth of the atrocities but it will not be the last. Many observers believe that similar war crimes are being committed in other occupied cities and towns. The only difference so far is that those areas have yet to be freed of Russian forces, their accomplices from Chechnya and the mercenaries sent to bail out the Russian military.
These two developments together may mark a turning point in Putin’s War. Analysts believe that the Russians are in the process of concentrating their remaining forces in eastern Ukraine to dominate the separatist areas of Luhansk and Donetsk. This is why the battle for Kharkiv is so essential. Additionally, they will concentrate on completing a Russian land bridge from Crimea to Russia along the coast of the Sea of Azov and the Black Sea. This is the importance of the battle for Mariupol and efforts by the Russians to capture Odessa. So far, the Russians have failed to achieve all of their strategic and operational goals. The Ukrainian resistance is unbelievable and is to be commended. Unfortunately, the war is not over and time is on the Russian’s side. At the current rate, the Ukrainians cannot hold out for ever, perhaps only a few more months. Meantime, the loss of Ukrainian lives, military and civilian, continues during heavy fighting and deliberate and random Russian attacks on cities and civilians. Russian president Vladimir Putin seems to be taking the approach that if he cannot have Ukraine, then he will make sure that there is nothing left for the Ukrainians that survive his brutal attacks.
This should come as no surprise to anyone that studies eastern European history. It is certainly no surprise to the Ukrainians. For a hundred years or more, the Russian way of fighting includes destroying civilian infrastructure and killing as many civilians as possible. While leading the Soviet Union, Josef Stalin killed millions of Ukrainians, Poles, Russians and others in war and in peace. Mr. Putin has used scorched earth tactics in Chechnya, Georgia, Syria and elsewhere. It is what they do. It is what they are doing now. Make no mistake, the war crimes ongoing in Ukraine are not the result of poorly trained, undisciplined individual units going berserk. This is a strategy. It is meant to terrorize the civilian population into giving up. Even as the Russians deny their atrocities and call it “fake news” they are glad it is publicized. It gets the message out to those watching that the terror is real and it is personal. It is an integral element of their conduct of war and crucial to the PSYOPS (Psychological Operations) they are conducting to demoralize the Ukrainian population.
Now is the time for NATO to act with ever greater urgency. The Russians are temporarily disorganized, demoralized and lacking in unit cohesion, supplies and the essentials of war. That will not last forever. While they are regrouping in Russia and Belarus, the NATO allies and other supporters should be pouring weapons and materiel into Ukraine to give them the chance to go on the offensive and push the Russians back. Apparently, there is a debate among the allies as to supplying “defensive” arms to Ukraine as opposed to “offensive” arms. It is past time to forget about such niceties. For the Ukrainians, this is a fight to the finish. For the rest of the world, this is a fight for freedom and democracy. Ukraine is on the front lines. What happens there will have great geo-political consequences for the West and much of the rest of the world. Give them what they need. They are doing an incredible job defending themselves. They are not asking for NATO troops or forces from anywhere else — only the weapons they need to fight the Russian war machine. As important in warfare as weapons is the will to fight. The Ukrainians have proved their determination to fight for every inch of their nation. But they don’t have the weapons. Most military men and women will tell you that when the shooting starts, they don’t know or care whether the bullets and shells coming at them are from “defensive” or “offensive” weapons. They just know that they are getting shot at. Of course, let’s not forget that the Russians went on the offensive to start the war and continue to be offensive in their operations and actions in every sense of the word.
Primarily, the U.S. is under pressure to supply more sophisticated weapons to Ukraine. Without going into a litany of particular weapon systems, U.S. sophisticated weapons are not of much use at this point because the Ukrainian Armed Forces do not have the training to use them. The U.S. should continue to supply massive amounts of effective, but less sophisticated weapons such as MANPADS (Man Portable Air Defense Systems such as Stinger missiles) and NLAWS (Next generation Light Anti-tank Weapon Systems such as British and Swedish shoulder fired systems or the larger U.S. Javelin). Such weapons are easy to learn to use in a short period of time and are quite effective in the right circumstances. Just ask the Russian armored columns.
More sophisticated weapons such as mid or high-altitude air defense systems, or coastal missile systems, or tanks or airplanes should come from our NATO allies that were formerly part of the USSR or Warsaw Pact. These Soviet era weapons are of the same types that Ukraine primarily has in their military so there is no ramp up in training. They can be used immediately. Poland in particular could be quite effective in this way.
As much as can be provided now, not a month from now or later, would be most effective in saving Ukrainian lives and in giving the Ukrainian military the opportunity to take advantage of the Russian disarray. Let’s face it. The Ukrainians are not going to march to Moscow. They will not retake Crimea through force. Whether “offensive” or “defensive” they need the equipment now to save lives and to push Russia to meaningful negotiations.
At the same time NATO needs to decide which “red lines” must be drawn. War crimes are taking place daily. Russia must be held responsible. It is too far-fetched to believe that Mr. Putin will ever stand trial in person for his war crimes. However, significant destruction of his conventional military power is not beyond the realm of possibility if he continues to pursue the war in Ukraine. They have been proved to be ill-equipped, poorly trained, lacking in leadership and short on logistic support. But there is still the preponderance of force on their side both in manpower and in numbers of weapons. They can still over-run Ukraine if they go all in, which it seems Mr. Putin is willing to do. He is not personally suffering from sanctions or the war. As I mentioned above, the Russian mentality is to crush everything in their path. If that means losing thousands (or in World War II, millions) of their own troops, so be it. They are ruthless in every way, including the treatment of their own fighting forces. To date, no number of casualties is too high.
The Butcher of Bucha will not stop the atrocities. We need to make them pay the highest price we can.
Losers And Suckers
Posted: September 6, 2020 Filed under: Uncategorized | Tags: Donald Trump, Gold Star Families, Historical Perspective, John McCain, NATO, Russia, Russian Bounties, Vladimir Putin, War Crimes 2 CommentsIf you have not yet heard about the article in The Atlantic by Jeffrey Goldberg then you may think that this piece is about someone or something else other than the United States military. Unfortunately, the title comes from the mouth of Mr. Donald J. Trump and he was referring to our military, especially to those killed, wounded or missing in action. In accordance with the over 20,000 documented lies that the president has uttered since taking office, no one is surprised that Mr. Trump denied saying anything like that and trotted out a series of sycophants and Trump associates to deny that he ever said it.
Believe what you want, but I’ll go with The Atlantic and the corroboration of the essence of the article as confirmed by the Washington Post, New York Times, Associated Press, and Fox News. It also fits a long pattern of actions on his part that indicate his prime interest in the military is the trappings of office and banana republic style parades and displays of military equipment. For example, in 2018 his personal attorney Michael Cohen testified that Mr. Trump told him that he would never have gone to Vietnam. “You think I’m stupid? I wasn’t going to Vietnam.”
To me, it is easy to believe. It fits a pattern of behavior and conduct in office that fully supports his belief that nothing, absolutely nothing, is worth doing unless there is some personal monetary or other reward involved. He simply cannot comprehend that anybody would put their lives at risk for a concept such as democracy or the Constitution. His world view is that everyone is out to get whatever they can, and to get it they will lie, cheat or steal. If you do not do that then you are a loser or a sucker. You are there to be had.
Apparently in his world view, no one gets rich in the military so to join makes you either stupid — literally, you couldn’t do anything else — or a sucker. He is reported to have said to aides after a briefing by the then Chairman of the Joint Chiefs General Joe Dunford; “That guy is smart. Why did he join the military?”
This latest revelation of the superficiality of everything associated with Mr. Trump is not surprising. A quick look at some of his greatest hits shows that his language about the military is nothing new. I still find it depressing. Apparently he is not just totally transactional, but also ill-informed and basically ignorant about anything that does not involve his personal interests.
- In 1997 Mr. Trump said during the Howard Stern Show that his “personal Vietnam” was avoiding Sexually Transmitted Diseases. “I feel like a great and very brave soldier.”
- Starting in 1999 he continually attacked Senator John McCain and called him a loser. Mr. Trump denies this but his own Tweet from 18 July 2015 says exactly that. The then Chief of Staff at the Department of Homeland Security Mr. Miles Taylor attested to the fact that Mr. Trump did not want to take any honorific actions following the Senator’s death. Indeed, Mr. Trump was outraged that action was taken.
- Following the 2016 Democratic Convention he relentlessly attacked Khizr and Ghazala Khan after they spoke about the sacrifice of their son Army Captain Khan who was killed in action in 2004.
- In a botched condolence call in 2017 to the widow of Army Sergeant La David Johnson she said that Mr. Trump could not remember her husband’s name (he told her he read it after stumbling over it) and said to her “He knew what he signed up for.” When she expressed her pain over the call, Mr. Trump spent the next eight days attacking her via his Twitter account.
- In 2017 during a meeting in the Pentagon with the Joint Chiefs of Staff and other senior administration officials, he angrily told them they were all “losers.” “I wouldn’t go to war with you people. You’re a bunch of dopes and babies.”
- In 2019 he interfered in the military justice system by overturning the war crimes convictions of a Navy SEAL and an Army Special Forces officer and another Army officer about to go on trial for war crimes. Special interests used the medium of Fox News to get him to intervene. He thought it was good for him to do so because it would be popular. He said, “We train our boys to be killing machines, then prosecute them when they kill.” Such statements show that he has no clue about the military, its honor, or its code of conduct.
- Against the advice of his senior military and civilian advisers Mr. Trump precipitously withdrew U.S. support to the Kurds in Syria leading to a near massacre as Turkish forces poured across the border. He left a staunch ally in the lurch in order to impress the thugish leader of Turkey.
- This summer Mr. Trump threatened to deploy U.S. combat troops against American citizens. The Chairman of the Joint Chiefs General Mark Milley had to make two separate public statements affirming the military is not in the business of acting against our own citizens and that the non-partisan nature of the military precludes support for any candidate for public office.
- In July of this year Mr. Trump announced that the U.S. would withdraw about a third of our deployed forces in Europe to support NATO. This is a move that certainly delights Russian president Vladimir Putin. His stated reason for doing so was “We don’t want to be the suckers anymore. We’re reducing the force because they’re not paying their bills. It’s that simple.” (Not surprisingly, his statement on bill paying is not accurate and shows his ignorance of how NATO defense spending works. But hey, remember the 20,000 lies.)
- It is well known in and out of government through published reports that Russian agents in Afghanistan put bounties on the heads of U.S. military personnel. Taliban fighters would be paid for each American killed. This is perhaps the greatest sign the Mr. Trump cares not one iota for American military personnel as he makes countless excuses for inaction. Claiming ignorance, to this day he has not confronted the Russians over this outrage. Preventing the needless loss of life for the troops and doing all in his power to keep them safe is the greatest responsibility of the Commander-in-Chief and he refuses to take action.
There are many more examples of his callous disregard for the American military. He seems to think that all he has to do is mouth a few words at some rally and he’s done.
Do I believe that Mr. Trump is capable of calling our dead and wounded losers and suckers? You bet I do. His track record is abysmal. To paraphrase another president, Mr. Trump does not ask what he can do for the country, he asks what the country can do for him.
Where Does It End?
Posted: December 17, 2019 Filed under: Uncategorized | Tags: 2020 Elections, Constitution, Donald Trump, Impeachment, Russia, Russian Meddling, UCMJ, Ukraine, War Crimes 1 CommentThe last few weeks produced a year’s worth of newsworthy events. Among other things was the Commander-in-Chief interfering with the effective application of good order and discipline in the military under the Uniform Code of Military Justice (UCMJ). The president pardoned three men convicted or accused (and awaiting trial) for war crimes — two Army officers and one Navy Chief Petty Officer. In doing so he further demonstrated a total lack of understanding of the military by tweeting (of course) that he did so because “we train our boys to be killing machines and then prosecute them when they kill!” Such statements totally ignore the fact that what separates our military from most others is that in training to fight for our country, our military also learns to do so with discipline, under a code of conduct that prohibits indiscriminate killing, especially of civilians and works to protect the honor and dignity of our nation’s morals, espoused in a speech by General Douglas MacArthur, as “duty, honor, country.” Note that all three men were brought up on charges of crimes under the UCMJ by their own soldiers and Sailors, not by higher ranking officers trying to make some politically correct example of them, as the president implies.
Hanging over everything of course, is the impending impeachment of the President of the United States. In the course of events, three particularly troubling things are happening that in my opinion fundamentally threaten the nature of our democracy.
Very troubling is the conscious use of Russian propaganda on the part of Republican U.S. Senators to try and defend the president’s shakedown scheme against Ukraine to help his own reelection in 2020 using taxpayer money. Otherwise knowledgeable and intelligent Republican Senators such as John Neely Kennedy (LA) and Ted Cruz (TX) and others publicly say that we do not know whether the Russians meddled in the 2016 election, rather it was the Ukrainians. Such garbage could have been written by the former KGB officer Vladimir Putin himself. A unanimous intelligence community agrees it was the Russians. Period. They agree it was not Ukraine, a fact FBI Director Christopher Wray reiterated just last week. The alleged Ukrainian “meddling” is most often a reference to a single op-ed piece written by the Ukrainian Ambassador to the United States criticizing then candidate Trump for saying that Crimea (stolen from Ukraine by force by Russia) “belongs” to Russia. Since Ukraine and Russia continue in a hot war, it might not be too far of a stretch to say that there were some hard feelings towards Mr. Trump saying, essentially, that Ukraine should be a part of Russia again. Another statement straight out of Putin’s talking points.
It is shameful that Republican Representatives and Senators perpetuate such lies on the citizens of the greatest nation on Earth.
But it get worse.
The long anticipated Department of Justice (DOJ) Inspector General (IG) report on the origins of the investigation into meddling in the 2016 election came out. This report, according to Mr. Trump and his supporters, would unmask the “deep state” and clearly show that the FBI and DOJ were out to keep Mr. Trump from becoming president through a vast “liberal” conspiracy. It did none of those things. None. On the contrary, while the IG’s report found some troubling procedural problems that need to be corrected or changed, it explicitly says that the basis of the investigation was solid, within DOJ guidelines, had no bias behind any of the decisions made and was fully appropriate.
The president’s reaction? He lashed out as usual. Among other things he referred to the people in the FBI as “scum.” Perhaps we as a country have come to expect that from a President of the United States, but I have not. But, I am no longer surprised. What deeply troubles me is that Attorney General William Barr, the DOJ and FBI boss, echoed the president’s remarks. Instead of supporting the FBI or the work of the independent IG, in an interview with NBC News he said about the report and investigation:
“I think our nation was turned on its head for three years based on a completely bogus narrative that was largely fanned and hyped by a completely irresponsible press. I think there were gross abuses and inexplicable behavior that is intolerable in the FBI.”
In an interview with the Wall Street Journal he said of the investigation “It was a travesty, and there were many abuses.” So much for the credibility of an independent IG and so much for the Attorney General working for the people of the United States rather than being the president’s personal shill, I mean attorney.
Deeply troubling. But it gets worse yet.
The president is about to be impeached (appropriately in my opinion, but that’s a post for another day). The Senate will then conduct a trial on the two Articles of Impeachment to either remove Mr. Trump from office, or acquit him.
All 100 of the sitting Senators act as jurors and take an oath. It is not the oath of office, but an oath as a juror. According to Rule XXV of the Senate Rules On Impeachment Trials the oath is:
“I solemnly swear (or affirm) that in all things appertaining to the trial of ___, now pending, I will do impartial justice according to the Constitution and laws, so help me God.”
And yet.
The Senate Majority Leader Mitch McConnell (R-KY) went on TV and declared that he is “in total coordination with the White House counsel” on the rules and parameters of the trial — such as calling witnesses or not — and opined that the president would be acquitted and that all Republicans would so vote. Senator McConnell gets to set the rules of this trial and is also a juror. Fair and impartial? It is like the jury foreman in a case getting together with the defense attorney before the trial to determine how they will acquit the defendant.
Other Republican Senators have expressed similar opinions, most notably Senator Lindsey Graham (R-SC). On Sunday’s Face the Nation he said that he was going to vote to acquit the president and that “I don’t need any witnesses. I am ready to vote on the underlying articles.” Earlier last week he said that he did not even intend to review any of the facts raised before the House of Representatives during the investigation leading to the Articles of Impeachment. So much for following one’s oath.
Impeachment is a serious and sobering step. The Senate deserves to treat it as such. Instead we continue to hear Republicans moan and groan about “hoaxes” “witch hunts” “undermining the 2016 election” and other whiny defenses of the president. Please note that not one of them disputes the facts as presented in the House.
Our democracy is in trouble as the president continues to argue that he is above the law. He claims that he cannot be investigated by law enforcement or by the Congress. Nobody or no entity or no organization can do so. His lawyers have even argued in court that if the president actually did shoot someone on Fifth Avenue in New York (as he famously said during his campaign) that he could not be prosecuted.
In recent days, Mr. Trump’s “personal lawyer” Rudy Guiliani, just back from a “fact finding” trip to Ukraine, is bragging to anyone that will listen that he “forced out” U.S. Ambassador Marie Yovanavitch because she was getting in the way of his schemes.
The president is being impeached for Obstruction of Congress and Abuse of Power. It is clear that he did not just abuse power, rather that he continues abusing power today. Events are unfolding that impact our elections. Not the one in 2016, but the upcoming 2020 elections. We already know that Mr. Trump thinks his position is so weak that he must cheat to win. He took advantage of Russian meddling and he has often publicly stated that he will take help again from other nations if it will help him win.
The past is past. We need to protect our future.


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