Zahir Ebrahim | Project Humanbeingsfirst.org
Fundamental Types of Justice
- Victor's JusticeResistance to victors, occupiers, oppressors, tyrants, is always a crime regardless.
- Atrocities victors, occupiers, oppressors, tyrants commit are not crimes;
- atrocities victors and vanquished both commit in common, or when there is stalemate, are glossed over in the name of fairness;
- atrocities the vanquished commit are crimes.
- Justice is in hanging the vanquished, occupying their lands, balkanizing their territories, remaking their laws, saddling them with war reparations, creating permanent client-state, stationing victor's troops permanently in the vanquished or occupied territories in the name of peace.
- Victim's JusticeDestroy and burn everything in sight.
- Sovereign's JusticeOnly the King shall wear the crown.
- “When the King asked him what he meant by infesting the sea, the pirate defiantly replied: 'the same as you do when you infest the whole world; but because I do it with a little ship I am called a robber, and because you do it with a great fleet, you are an emperor.'” --- The City of God against the Pagans, Page 148.
- “Every nation, in every region, now has a decision to make. Either you are with us, or you are with the terrorists.” --- George W. Bush Jr., speaking before the United States Congress, 09-21-2001
- Hinduism's JusticeNone on this earth. Fated. Karma. Rebirth into higher form when good, into lower form when bad.
- Judaism's JusticeEye for an eye. Vengeance.
- “And if any mischief follow, then thou shalt give life for life, Eye for eye, tooth for tooth, hand for hand, foot for foot, Burning for burning, wound for wound, stripe for stripe.” --- Exodus 21:23-25 King James Version (KJV)
- Christianity's JusticeTurn the other cheek. Forgiveness. Repentance.
- “38 Ye have heard that it hath been said, An eye for an eye, and a tooth for a tooth:
- 39 But I say unto you, That ye resist not evil: but whosoever shall smite thee on thy right cheek, turn to him the other also.
- 40 And if any man will sue thee at the law, and take away thy coat, let him have thy cloak also.” --- Matthew 5:38-40 King James Version (KJV)
- Islam's JusticeEye for an eye but do not transgress Allah's limits. Forgiveness. Repentance.Fight only the oppressors, cease if they cease, and when they cease, be forgiving and merciful toward them just as you wish Allah to be Forgiving and Merciful towards you; otherwise kill them if they persist, and continue fighting them to your very end.
- “2:190 Fight in the way of Allah those who fight you but do not transgress. Indeed. Allah does not like transgressors.
- 2:191 And kill them wherever you overtake them and expel them from wherever they have expelled you, and fitnah is worse than killing. And do not fight them at al-Masjid al- Haram until they fight you there. But if they fight you, then kill them. Such is the recompense of the disbelievers. 2:192 And if they cease, then indeed, Allah is Forgiving and Merciful.
- 2:193 Fight them until there is no [more] fitnah and [until] worship is [acknowledged to be] for Allah. But if they cease, then there is to be no aggression except against the oppressors.
- 2:194 [Fighting in] the sacred month is for [aggression committed in] the sacred month, and for [all] violations is legal retribution. So whoever has assaulted you, then assault him in the same way that he has assaulted you. And fear Allah and know that Allah is with those who fear Him.
- 2:195 And spend in the way of Allah and do not throw [yourselves] with your [own] hands into destruction [by refraining]. And do good; indeed, Allah loves the doers of good.” --- Holy Qur'an, Surah Al-Baqarah, 2:190-195
- “5:32 Because of that, We decreed upon the Children of Israel that whoever kills a soul unless for a soul or for corruption [done] in the land - it is as if he had slain mankind entirely. And whoever saves one - it is as if he had saved mankind entirely. And our messengers had certainly come to them with clear proofs. Then indeed many of them, [even] after that, throughout the land, were transgressors.
- 5:33 Indeed, the penalty for those who wage war against Allah and His Messenger and strive upon earth [to cause] corruption is none but that they be killed or crucified or that their hands and feet be cut off from opposite sides or that they be exiled from the land. That is for them a disgrace in this world; and for them in the Hereafter is a great punishment,
- 5:34 Except for those who return [repenting] before you apprehend them. And know that Allah is Forgiving and Merciful.
- 5:38 [As for] the thief, the male and the female, amputate their hands in recompense for what they committed as a deterrent [punishment] from Allah . And Allah is Exalted in Might and Wise.
- 5:39 But whoever repents after his wrongdoing and reforms, indeed, Allah will turn to him in forgiveness. Indeed, Allah is Forgiving and Merciful.” --- Holy Qur'an, Surah Al-Ma'idah, 5:32-34. 5:38-39
- Got Justice on Earth?
But of course!
The divine prescriptions have obviously failed man. Or, perhaps man has failed them.
Below are some futile reflections on achieving justice on earth given that sovereigns have always existed, and always shall exist. One tyrant can only be replaced by another. One sociopath by another.
So long as man's power exists to make war, to transgress another man's limits, injustice will continue to raise its head regardless of what's written in lofty divine books.
The journey of the descent of man from the tree-top to the ground continues...
When justice comes to pass, as it surely will – how does one administer justice to monumental criminals for their monumental crimes?
What mortal punishment can ever atone for what they have done to the tabula rasa of civilians across the globe? Imprisoning them for 10,000 lifetimes in cages in Guantanamo Bay, continually torturing them stripped naked with dogs biting at their genitals to see who defecates first, tying them up in contorted positions without food and water, or putting them to death 100,000 times repeatedly, is obviously quite impractical if one is to levy on them the Biblical “Thou shalt give life for life, eye for eye, tooth for tooth, hand for hand, foot for foot” justice from their own books.
There is indeed no adequate punishment possible for monumental crimes – the crimes of conquerors. That only leads one to think that such monumental crimes, even the possibility of such monumental crimes occurring, must be prevented at all cost. That the traditional mantra of War Crimes Tribunal is a red herring, perhaps invented by the same monumental criminals for getting off easy if they are defeated or caught, because no earthly punishment can match their crimes.
Indeed, one can see the hypocrisy with which the Tribunals in Nuremberg and Tokyo were conducted. Just the legal definition of a War Crime was set by the victors to reflect all the “bad things they did that we didn't do” and “all the bad things we did are not war crimes for either side”. Thus the Allied carpet bombing of civilian population centers in Dresden and Tokyo, as well as the dropping of two Atomic bombs on the civilian industrial cities of Hiroshima and Nagasaki, were not classified as war crimes, and neither were the city bombings by the Nazi's all over Europe. President Truman obviously was not tried for war crimes for ordering the deaths of millions of Japanese civilians. But many were hung for breaking treaties and invading Eastern Europe, as well as for the Holocaust, all were declared as war crimes – neither of which the Allies themselves had done.
The Geneva Conventions that have since evolved for the “civilized” conduct of war and protection of Human Rights, does not explicitly state that dropping a Nuclear bomb is a war crime, possessing a weapon of mass destruction like a Nuclear bomb is a war crime, pursuing or adopting an aggressive policy of preemptive nuclear strikes on non-nuclear nations who cannot protect themselves for want of a similar deterrent, is a war crime, or, that war itself, is a war crime.
Thus while My Lai massacre in Vietnam is classified as a war crime, the sustained million ton bombing for a decade of Vietnam, Laos, and Cambodia with napalm and assorted cocktails of horrible deaths is not called a war crime. It's perpetuators in the name of ideology, American Presidents JFK, LBJ, and Nixon, Secretary of Defense Robert McNamara (LBJ), and Secretary of State Henry Kissinger (Nixon), were never charged with the deaths of dispensable innocent civilians caught in a proxy war between super powers on their soil. What led to Richard Nixon's downfall? Not the million deaths he caused in Vietnam through a deceitful escalation of the war, but that he lied about his role in the bugging of his political opponent's headquarters!
Similarly, the team of President Carter and Zbigniew Brzezinski, Ronald Reagan and George Bush, all scot-free from any stains of war crimes in 1979-1988 in Afghanistan on their fine white civilized garments. Nor on the team of President Clinton and Madeleine Albright for the civilian deaths in Iraq in the 1990s under their dutifully maintained economic sanctions.
Wars fought by the West along ideological lines are not war crimes!
There is indeed no major deterrence for them, as victors in those Tribunals of WW II, for once again bombing densely populated cities in Iraq in this 2000's decade, destroying Faluja to rubble, or dropping a million tons of Depleted Uranium bombs each on both Iraq and Afghanistan that will continue to kill civilians mercilessly for generations long after the actual wars of plunder on the 'Grand Chessboard' are over.
And if eventually caught through sheer bad luck for crimes that were actually classified as war crimes, and subsequently endorsed in the Geneva Conventions and Human Rights Conventions – such as torture - they hope to play the same legal games that Augusto Pinochet and Ariel Sharon have been playing to prevent prosecution, and Henry Kissinger has been playing to not even be charged with any war crime.
Which is why the new Attorney General of the United States, Mr. Alberto Gonzalez has argued in his written memos to the White House that these Geneva Conventions on Human Rights for civilized and humane treatment of prisoners are now antiquated, and the United States should not feel compelled to abide by these treaties as it only gets in the way of fighting the “war on terrorism”.
Thus even if these monumental war criminals are eventually busted, they will at best serve out their remaining few years of life sentences in the relative comfort of “suitable” jails as the worst outcome – not in Guantanamo Bay, not stripped naked, not with rods up their assess, not as enemy combatants against humanity who should be brutally tortured day and night to extract all the secrets from the depths of their bowels, following their own Biblical “eye for an eye” notion of justice – neither to exceed nor reduce in punishment.
Indeed, Christians of all stripes will rush to show what it means to bring Jesus to these criminals with “forgive thine enemy” and “turn the other cheek”, but who remain impotent when George Bush brings his own Messianic brand of Christianity to bear: “Whether we bring our enemies to justice or bring justice to our enemies, justice will be done” with million tonnage of bombs, and brutality that knows no bounds.
The present understanding of “war crimes”, and any ex post facto construction of “war crimes Tribunals” is indeed anemic to say the least. It sets no precedence for prosecution of monumental Criminals (with a capital C) from among the victors of WW II. It presents no deterrence against committing crimes against humanity. Just witness Ariel Sharon – although indicted for war crimes against the Palestinian people in Lebanon for the massacres in Sabra and Shatila camps, and the Israeli Knesset itself held him accountable – yet he now roams as the famous “man of peace” and is committing new monumental crimes against humanity on a daily basis in occupied Palestine. His attack on the city of Jenin in 2003 was only mildly rebuked as he continues to boast: “Don't worry about American pressure on Israel. We, the Jewish people, control America, and the Americans know it.”
The “war on terrorism” and all its sponsors in the American Govt. – from the President down to the last advisor in his cabinet – all directly responsible for every single civilian and innocent death – and yet remain undeterred by any fear of accountability as they continue to wantonly wage even more horrible death and military occupation on civilian populations.
The people in the American nation, without fear of accountability or remorse, reelected the same war criminals for a second term who now talk of attacking Iran.
There is so little deterrence indeed, that the Neocons can blithely and publicly disclose their PNAC plans, Brzezinski can blithely accept responsibility for the destruction of Afghanistan as “some agitated Moslems”, and subsequently even print his new imperial quest in the book “The Grand Chessboard”, the White House can publicly disclose on its web site the National Security Council strategy of preemptive nuclear strikes on non-nuclear nations in contradiction to its earlier pledges to protect non-nuclear nations from nuclear strikes by anyone including the United States if they signed the NPT and did not seek this nuclear deterrence of their own!
No fear whatsoever.
Not having succeeded in deterring and preventing any barbaric Criminals from executing their monumental Crimes upon humanity once again, a new model for Monumental War Crimes Tribunals must be developed for the benefit of preventing new victims.
It must pack the power punch necessary for real deterrence of monumental war crimes by the next set of potential imperial conquerors in the future, ensure as fair a sense of restitution and compensation to the victims as humanly possible, and implement enormous national and international level retribution and punitive damages on the aggressor nation.
It must make the price for war crimes so high indeed, that nations and their peoples will be forced to rein in their own governments or become bankrupt into slavery for generations in posterity in paying compensations and punitive damages!
Entire nations must be held liable and called to account for creating and supporting these war criminals from among them. All those with “United We Stand” and “We support our troops” stickers on their cars are as much war criminals as the leaders they support.
Excuses like: 'I did not know', 'I was misled for waging a war in self-defense on another's soil because I am stupid and cannot think properly', or 'I reelected Mein Fuehrer President a second time because god talks to him' must not absolve the self proclaimed “naive” and “misled” war-mongering people of their own complicity in the monumental crimes, nor from paying compensation and punitive damages to their victims for generations.
They must pay the due ransom in order to reclaim their innocence only generations later. Such ransom, in trillions of dollars and no less (in 1950's dollars when it actually had some value), to be paid for generations by the culprit nations directly to the victims and their successor generations – for at least 200 years or however long it takes for all lingering effects of the injustices to physically, mentally, socially, and psychologically disappear. If we go by the example of the Jews, perhaps add another zero to that number as the former victims still continue to suffer from the 'victim complex' and continue to lash out to create new victims of their own in Palestine and in the world by being the key 'ubermensch' masterminds behind “imperial mobilization” and “all the evil that follows” its barbaric implementation.
The cleanup, reconstruction, and rehabilitation costs must all be borne by the culprit nations – with the restitution taking precedence over any domestic spendings.
Monumental crimes require monumental punishments. Only then can it deter.
If one is deemed smart enough to be entrusted a weapon to make war, one must also be deemed smart enough to know when not to do it - when the cost for doing so is made monumental!
Such principles as outlined above compel people to hold their leaders accountable – rather than adopt a laissez faire attitude that it does not concern them, or that they do not have control over their government, or there is no choice, or that they will be reviled and interned if they protest too loudly.
The consequence to not protesting efficaciously and allowing the injustices to prevail in their names now incurs a monumental penalty. Antiwar protests are not a career or a fun outing over the weekend with the family. It is a serious life and death struggle – as much a struggle for the people of the aggressor nation as for the ones at the receiving end of the warfare in remote nations!
People must feel compelled to acquire control over their governments and forever remain vigilant to what their government does in their names, in turn holding politicians, institutions, media, and press accountable for presenting a true and accurate picture of what transpires in the corridors of power. For not doing so also has a price associated with it. Living in a democracy is a privilege, as well as a responsibility. With responsibilities also come accountabilities.
It is the peoples job to ensure by any means necessary, by creating new institutions and new laws if necessary, and by abrogating old laws and old institutions when necessary, that the power entrusted to their government by them is only wielded in what the people deem to be in their nation's best interests, and in conformance with international laws for peaceful and equitable co-existence with other nations on the planet, even when these other nations be composed of weaker 'lower order life forms' or aliens from outer space.
Social and political Darwinism by parasitic leaders must extract a monumental penalty from their entire nation! A responsibility for which now ordinary people are held liable, draining essential wealth from their own social spendings and livelihoods to pay for generations in restitution costs.
Or else all pretenses to civilized existence be universally abandoned in favor of “Daarth Vaider Darwinism” – remembering that political pecking order continually evolves and is always supplanted by a new barbarian more vicious than the one it replaces.
Thus motivation towards equitable co-existence, of necessity for self-preservation, is a powerful impetus for heralding genuine non-fiction people powered Democracies (with a capital D) throughout the world, by setting the example first in the United States of America itself.
Such is the justice that shall be genuinely wrought by the innocent victims of this war on terrorism for a real non-fiction “Never Again”, for the benefit of all of mankind.
End Excerpt --- Christmas 2004 Reflections of a Muslim on Western Civilization
I often wonder if Jesus really has the power to wash away the sins of mass murderers of humanity who commit these monumental crimes in his name or to bring his arrival sooner? Is there some special exclusion clause that makes these monumental criminals exempt from Divine Justice?
Hmmm, perhaps I am in the wrong religion - my God assures us of Divine Justice - take a misstep in this life and you shall pay in the next. Kill one innocent person and it is akin to having killed entire humanity.
Wow, I dare not commit murder or become a suicide bomber out of sheer desperation while I am Muslim, or else I will have eternal damnation to look forward to.
May be I should become an Evangelical Christian first if I ever get mad enough? Or perhaps a Christian Zionist? Or maybe just a Zionist? For then I will be in the company of George Bush and he will surely save me. Doesn't he walk with the lord and communicate with him directly?
Na, such a hypocrite 'religion', whatever the name, and such a hypocrite 'savior', whatever its name, is not for me!
I just as soon take my chances in Islam where at least the God claims He is the "Most Just". For what other philosophy is there that is so firmly rooted in justice? Which other god has the same emphasis on justice? Perhaps the humanist's god? But they have no god, and with them, justice denied in the world, is justice denied period. But in Islam, there is a promise of fair justice that keeps a victim's hope alive. But I generally tend to be too impatient. Justice meted out elsewhere is also justice denied here - even when there is the firm promise of it in the future - I like to see it administered right here and now, for the victims too are right here and now.
But how is it even possible to punish for 100,000 murders? Rigorous imprisonment for 100,000 lifetimes with dogs snapping at the genitals 24x7 in a small hell hole in Guantanamo Bay seems so inadequate, even if taken straight from the Old Testament Commandment of eye for an eye, for we certainly don't want to exceed in the punishment, eye for an eye is just fine. But the problem is that the butchers of a hundred thousand, or a million, with devastation of entire civilizations, and directly responsible for “all the evil that follow[ed]” from their first aggression, with Depleted Uranium everywhere that will continue killing for untold more generations, the total crime can be in millions of 'human units'. Never mind the collateral 'environmental units'. Which is why I refer to their crimes as monumental. But the cowardly murderers will be dead in a few years, if not right off the bat the first day they see the dogs sniffing at their crotch as they are tied upside down and their heads dunked in their own urine and a rod up their hidden cavities - all the stuff meted out by the imperial soldiers of fortunes to innocent Muslim civilian prisoners arbitrarily held in prison camps dotting the destroyed landscapes of Iraq and Afghanistan in the most inhuman condition imaginable - eye for an eye, punishment from their own books.
How to administer it? For once administered, only then will it deter future monumental crimes. Otherwise what did the Nuremberg War Crimes Tribunals ever deter?
Indeed, what earthly punishment can any genuine war crimes tribunal ever implement on a monumental war criminal to affect justice?
These bastards will croak in a day, they are already in their 60s.
How can one subject a monumental war criminal to an explosion of each Daisy Cutter that he authorized dropped, and each missile that he authorized fired, in accordance with the eye for an eye justice?
True eye for an eye justice is infeasible in modern times, isn't it? Which is why shouldn't modernity forcefully deter, and make impossible, monumental crimes before they occur?
Since modernity and its civilized harbingers have continually failed at that endeavor, I guess one would, after all, have to rely on Divine Justice to get real justice now wouldn't one?
I pray every time I remember my God, which these days is not too often any more, to execute His promise of Divine Justice. For it is indeed only such a promise that keeps me a bit sane every time a child falls with a bullet to his head in Palestine and I see another Zionist happy, another wedding party blown to bits and a Neo-con from the Pentagon stating they do not keep track of Iraqi and Afghani civilian casualties. But enough digressing.
End Excerpt --- 2005 Reflections of a Muslim in America - My Little Jihad
Some reflections and musings
In my own mind, I often see myself shouting at the perpetuators of these monumental crimes inflicted upon humanity in the name of “war on terrorism”: 'You are despicable war criminals and I publicly call for your indictments for war crimes against humanity in an open public trial conducted by the victims, as the one held for Eichmann in Jerusalem.' But I cannot imagine what punishment on earth would atone for “Shock and Awe” bombing entire civilizations with depleted uranium bombs, murdering tens of thousands of innocent civilians including defenseless men, women, and children, and depriving many more of their kin, breadwinners, and loved ones. What does 10,000 years of rigorous imprisonment in Guantanamo Bay mean anyway – these guys are already in their 50s, 60s or 70s. Shouldn't punishments match the crimes? Isn't is as unfair to punish a black child who steals chocolates with the 'three-strikes and out for years in jail' law, as it is to ask perpetuators of monumental crimes to simply vacate their posts by the fancy names of “impeachment”? What do you think?
Monumental crimes must deserve monumental punishments.
We know what monumental crimes look like. We have seen them rehearsed not just over the past couple of years, but continually over several millennia of human history. Thus most people, possessing even a modicum of humanity, and an iota of commonsense, must easily recognize monumental crimes. But what is a befitting monumental punishment that can be awarded for these crimes? There can be no adequate atonement and compensation made once monumental crimes have occurred, try as a nation may for generations. Impeachment and getting the criminals out of office is hardly sufficient (though rather necessary if only to hold up the pretense of an advanced civilizations' justice at work). This begets the axiomatic truth that monumental crimes must be prevented from occurring to start with. One cannot wait until the receipts for the ordering of such crimes are found, as the perpetuators seldom leave one behind, and generally maintain the alibis of “plausible deniability”. By the time people wake up to their deeds, the bomber bays have already dropped their payloads.
To stop these handful of misanthropes who command the vast armies of State to indulge in their various ideological fantasies, before they can commence their monumental offenses against humanity, is a responsibility jointly shared by all human kind. But a responsibility more closely shared by the people whose leaders engage in it, especially when they live in a democracy.
End Excerpt --- April 2003 Reflections of a Muslim in America as America's bombing of Iraq was underway - Prisoners of the Cave, Chapter-1
Indeed. We may have descended from the tree-top, we have yet to lose our tail.
Only the dead have seen the end of injustice. The living must continue to endure it.
Happy New Year 2019!
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On Islam URL: https://islam-humanbeingsfirst.blogspot.com/2018/12/got-justice-closing-reflections-2018.html
Got Justice? Closing Reflections 2018 by Zahir Ebrahim | Project Humanbeingsfirst.org