Author Archives: Stoa

Just Hit See-Me: the new military satellites

The Seeme Program from DARPA website:

DARPA’s SeeMe (Space Enabled Effects for Military Engagements) program aims to give mobile individual US warfighters access to on-demand, space-based tactical information in remote and beyond- line-of-sight conditions. If successful, SeeMe will provide small squads and individual teams the ability to receive timely imagery of their specific overseas location directly from a small satellite with the press of a button — something that’s currently not possible from military or commercial satellites.

The program seeks to develop a constellation of small “disposable” satellites, at a fraction of the cost of airborne systems, enabling deployed warfighters overseas to hit ‘see me’ on existing handheld devices to receive a satellite image of their precise location within 90 minutes. DARPA plans SeeMe to be an adjunct to unmanned aerial vehicle (UAV) technology, which provides local and regional very-high resolution coverage but cannot cover extended areas without frequent refueling. SeeMe aims to support warfighters in multiple deployed overseas locations simultaneously with no logistics or maintenance costs beyond the warfighters’ handheld devices.

The SeeMe constellation may consist of some two-dozen satellites, each lasting 60-90 days in a very low-earth orbit before de-orbiting and completely burning up, leaving no space debris and causing no re-entry hazard. The program may leverage DARPA’s Airborne Launch Assist Space Access (ALASA) program, which is developing an aircraft-based satellite launch platform for payloads on the order of 100 lbs. ALASA seeks to provide low-cost, rapid launch of small satellites into any required orbit, a capability not possible today from fixed ground launch sites.

Raytheon Company was awarded a $1.5 million Defense Advanced Research Projects Agency (DARPA) contract for phase one of the agency’s Space Enabled Effects for Military Engagements (SeeMe) program. During the next nine months, the company will complete the design for small satellites to enhance warfighter situational awareness in the battlespace.  Raython News Release, Dec. 13, 2012

Torture in Afghanistan: following the master

The UN report (2013), titled “Treatment of Conflict-Related Detainees in Afghan Custody,” offered a grim tour of Afghanistan’s detention facilities, where even adolescents have reported abuse like beatings with hoses and pipes and threats of sodomy.

In the case of the intelligence service, the United Nations reported a lower incidence of torture. But it was not clear whether that finding reflected improved behavior as much as it did a decrease in the number of detainees handed over to the intelligence service by the international military coalition. And some detainees have alluded to new secret interrogation centers.

The Afghan government rejected the report’s specific allegations but said that there were some abuses, and that it had taken numerous steps to improve the treatment of detainees. The government gave United Nations officials access to those held in all but one detention facility.Among the questions raised by the report is whether the pervasiveness of torture will make it difficult for the American military to hand over those being held in the Parwan Detention Facility, also known as Bagram Prison, as required under the agreement reached last week in Washington between President Obama and President Hamid Karzai of Afghanistan.  The United Nations did not look at the Parwan Detention Facility, in part because it is not yet wholly under Afghan control….

After a United Nations report on torture in 2011, the international coalition suspended transfers of battlefield detainees to 16 Afghan detention sites. ISAF resumed transfers to most of those centers after certifying that they were complying with human rights protocols. Then, in October 2012, the coalition received new reports of torture and abuse and halted some of the transfers that it had restarted only months before, the United Nations report said. The United Nations has briefed ISAF at several points in the course of its research, which included interviews with more than 600 detainees as well as employees of the Afghan intelligence service, the Afghan police, judges and prosecutors….The Afghan government’s 20-page response, which is included in the United Nations report, rejected all specific allegations, including “beating with rubber pipes or water pipes, forced confession, suspension, twisting of the detainees’ penises and wrenching of the detainees’ testicles, death threats, sexual abuse and child abuse.”

ALISSA J. RUBIN, Anti-Torture Efforts in Afghanistan Failed, U.N. Says, NY Times, Jan. 20, 2012

See also Convention against Torture

The Playbook of Targeted Killings

The Obama administration is nearing completion of a detailed counterterrorism manual that is designed to establish clear rules for targeted-killing operations but leaves open a major exemption for the CIA’s campaign of drone strikes in Pakistan, U.S. officials said.  The carve-out would allow the CIA to continue pounding al-Qaeda and Taliban targets for a year or more before the agency is forced to comply with more stringent rules spelled out in a classified document that officials have described as a counterterrorism “playbook.”

The document, which is expected to be submitted to President Obama for final approval within weeks, marks the culmination of a year-long effort by the White House to codify its counterterrorism policies and create a guide for lethal operations through Obama’s second term.

A senior U.S. official involved in drafting the document said that a few issues remain unresolved but described them as minor. The senior U.S. official said the playbook “will be done shortly.”  The adoption of a formal guide to targeted killing marks a significant — and to some uncomfortable — milestone: the institutionalization of a practice that would have seemed anathema to many before the Sept. 11 , 2001, terrorist attacks.Among the subjects covered in the playbook are the process for adding names to kill lists, the legal principles that govern when U.S. citizens can be targeted overseas and the sequence of approvals required when the CIA or U.S. military conducts drone strikes outside war zones.

U.S. officials said the effort to draft the playbook was nearly derailed late last year by disagreements among the State Department, the CIA and the Pentagon on the criteria for lethal strikes and other issues. Granting the CIA a temporary exemption for its Pakistan operations was described as a compromise that allowed officials to move forward with other parts of the playbook.The decision to allow the CIA strikes to continue was driven in part by concern that the window for weakening al-Qaeda and the Taliban in Pakistan is beginning to close, with plans to pull most U.S. troops out of neighboring Afghanistan over the next two years. CIA drones are flown out of bases in Afghanistan.

Excerpt, Greg Miller, Ellen Nakashima and Karen DeYoung, CIA drone strikes will get pass in counterterrorism ‘playbook,’ officials say, Washington Post., Jan 19, 2012

The Desert at the Heart of the Amazon Rainforest

An area of the Amazon rainforest twice the size of California continues to suffer from the effects of a megadrought that began in 2005, finds a new NASA-led study. These results, together with observed recurrences of droughts every few years and associated damage to the forests in southern and western Amazonia in the past decade, suggest these rainforests may be showing the first signs of potential large-scale degradation due to climate change.

An international research team led by Sassan Saatchi of NASA’s Jet Propulsion Laboratory, Pasadena, Calif., analyzed more than a decade of satellite microwave radar data collected between 2000 and 2009 over Amazonia. The observations included measurements of rainfall from NASA’s Tropical Rainfall Measuring Mission and measurements of the moisture content and structure of the forest canopy (top layer) from the Seawinds scatterometer on NASA’s QuikScat spacecraft.

The scientists found that during the summer of 2005, more than 270,000 square miles (700,000 square kilometers, or 70 million hectares) of pristine, old-growth forest in southwestern Amazonia experienced an extensive, severe drought. This megadrought caused widespread changes to the forest canopy that were detectable by satellite. The changes suggest dieback of branches and tree falls, especially among the older, larger, more vulnerable canopy trees that blanket the forest.

While rainfall levels gradually recovered in subsequent years, the damage to the forest canopy persisted all the way to the next major drought, which began in 2010. About half the forest affected by the 2005 drought – an area the size of California – did not recover by the time QuikScat stopped gathering global data in November 2009 and before the start of a more extensive drought in 2010.

“The biggest surprise for us was that the effects appeared to persist for years after the 2005 drought,” said study co-author Yadvinder Malhi of the University of Oxford, United Kingdom. “We had expected the forest canopy to bounce back after a year with a new flush of leaf growth, but the damage appeared to persist right up to the subsequent drought in 2010.”

Recent Amazonian droughts have drawn attention to the vulnerability of tropical forests to climate change. Satellite and ground data have shown an increase in wildfires during drought years and tree die-offs following severe droughts. Until now, there had been no satellite-based assessment of the multi-year impacts of these droughts across all of Amazonia. Large-scale droughts can lead to sustained releases of carbon dioxide from decaying wood, affecting ecosystems and Earth’s carbon cycle.

The researchers attribute the 2005 Amazonian drought to the long-term warming of tropical Atlantic sea surface temperatures. “In effect, the same climate phenomenon that helped form hurricanes Katrina and Rita along U.S. southern coasts in 2005 also likely caused the severe drought in southwest Amazonia,” Saatchi said. “An extreme climate event caused the drought, which subsequently damaged the Amazonian trees.”

Saatchi said such megadroughts can have long-lasting effects on rainforest ecosystems. “Our results suggest that if droughts continue at five- to 10-year intervals or increase in frequency due to climate change, large areas of the Amazon forest are likely to be exposed to persistent effects of droughts and corresponding slow forest recovery,” he said. “This may alter the structure and function of Amazonian rainforest ecosystems.”

The team found that the area affected by the 2005 drought was much larger than scientists had previously predicted. About 30 percent (656,370 square miles, or 1.7 million square kilometers) of the Amazon basin’s total current forest area was affected, with more than five percent of the forest experiencing severe drought conditions. The 2010 drought affected nearly half of the entire Amazon forest, with nearly a fifth of it experiencing severe drought. More than 231,660 square miles (600,000 square kilometers) of the area affected by the 2005 drought were also affected by the 2010 drought. This “double whammy” by successive droughts suggests a potentially long-lasting and widespread effect on forests in southern and western Amazonia.

The drought rate in Amazonia during the past decade is unprecedented over the past century. In addition to the two major droughts in 2005 and 2010, the area has experienced several localized mini-droughts in recent years. Observations from ground stations show that rainfall over the southern Amazon rainforest declined by almost 3.2 percent per year in the period from 1970 to 1998. Climate analyses for the period from 1995 to 2005 show a steady decline in water availability for plants in the region. Together, these data suggest a decade of moderate water stress led up to the 2005 drought, helping trigger the large-scale forest damage seen following the 2005 drought…

Results of the study were published recently in the Proceedings of the National Academy of Sciences. Other participating institutions included UCLA; University of Oxford, United Kingdom; University of Exeter, Devon, United Kingdom; National Institute for Space Research, Sao Jose dos Campos, Sao Paulo, Brazil; Boston University, Mass.; and NASA’s Ames Research Center, Moffett Field, Calif.

Study Finds Severe Climate Jeopardizing Amazon Forest, NASA Press Release, Jan. 17, 2013

Water in the Middle East: investment

Amidst a growing water crisis in the predominantly arid Middle East and North Africa (MENA), some of the world’s most influential water experts will meet Jan. 15-17 at the International Water Summit (IWS) in Abu Dhabi, United Arab Emirates (UAE) to look for sustainable solutions.The World Bank has already warned that MENA is the world’s “most water-scarce region, home to 6.3 percent of the world’s population but with just 1.4 percent of renewable fresh water.”

The six countries that comprise the Gulf Cooperation Council – Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and UAE – are expected to spend a staggering 725 billion dollars over the next two decades on new water projects, desalination plants, infrastructure-building and high-tech innovations…

At the Abu Dhabi summit, Project Stream will offer a major opportunity for developers and investors to “connect and accelerate the building of sustainable water solutions”.  The summit, which is is part of the Abu Dhabi Sustainability Week being hosted by Masdar, described as “a sustainable green energy city of the future”, will also bring together financiers and some of the world’s leading engineering, technology and service providers.

Peter McConnell, show director for IWS, says that GCC countries have been investing heavily in water sustainability over the last few years.  “And Project Stream will in essence become a networking platform that will connect solution providers from around the world to project developers from the region,” he added.  These projects, McConnell, said range from multi-billion-dollar government infrastructure ventures to high-tech innovations in areas such as low-energy desalination, water leakage prevention and water efficiency.  “These will contribute in a significant way to address the worldwide challenges surrounding clear water supply,” he added…

The industry think-tank Global Water Intelligence (GWI), which is collaborating with Project Stream in Abu Dhabi, has reported major planned investments by Gulf countries, amounting as much as 725 billion dollars over the next two decades.  Between 2013 and 2017, Qatar is planning to invest some 1.1 billion dollars in desalination capacity through independent water and power projects (IWPPs).  Kuwait has a combined municipal water/wastewater capital expenditure budget of 4.4 billion dollars from 2013 to 2016, while the UAE’s budget reaches 13.0 billion dollars.  Saudi Arabia is expected to spend about 53.9 billion dollars over the next two decades to build, operate and maintain water projects to meet the growing demand in the Kingdom, according to GWI estimates

Excerpts,  Thalif Deen, Water Summit to Focus on Resolving Scarcities in Mideast, IPS, Jan. 11, 2012

Reversing Deforestation in the Amazon

Brazilian policymakers can take some of the credit for a dramatic slowdown in the deforestation rate in the Brazilian Amazon, say experts – but that’s not the whole story.  In November Brazil (2012) announced deforestation rates in the Amazon declined 27 percent from August 2011 to July 2012, reaching the lowest rates ever recorded for the fourth consecutive year.  According to Brazil’s National Institute for Space Research (INPE), 4656 square kilometres of Amazon rainforest were cleared over the twelve months, compared with 27,772 square kilometres in 2004.

Brazil’s government says this represents a 76 percent reduction since 2004 – coming close to the country’s commitment to reduce deforestation in the Amazon region 80 percent by 2020.  It has attributed the dramatic results to a package of policies known as PPCDAm (The Action Plan for Prevention and Control of Legal Amazon Deforestation) that were first implemented in 2004.

PPCDAm comprises more than 200 initiatives across 14 ministries that together aim to reduce deforestation in the Amazon…Over the last decade, the country has established new protected areas, indigenous lands and sustainable use areas covering 709,000 square kilometres.  This has decreased both deforestation and the incidence of fires – and crucially, more of them than previously are located near particularly threatened areas, making them more effective.We know every day where deforestation is going on in the Amazon…from detection to having people in the field stopping illegal loggers takes just five days….Brazil’s space agency, remote sensing centre, and law enforcement agencies collaborate to detect and precisely locate deforestation and forest degradation, and to apprehend perpetrators.  From detection to having people in the field stopping illegal loggers takes just five days….  Last year [Brazil]  confiscated 110 chainsaws, nine bulldozers, and 329 trucks…

Jorge Hargrave – who  worked with Wunder on the UNEP report (pdf) – and colleagues assessed the effectiveness of the PPPDAm policies.  They found that these policies were responsible for curbing deforestation – and that the command-and-control policies, particularly the issuance of environmental fines, had the most impact.  The government’s decision to focus on 36 specific municipalities where deforestation was most intense was also very effective, they found, as was the cross sector coordination and high-level political support for the program.

However, Hargrave also cautioned against over-confidence about the recent encouraging results. “It’s not clear that if the government changes or the policy changes, deforestation can’t go up again,” he said.  “In addition, the lack of land tenure security in the region was consistently identified as a key problem and the biggest bottleneck to further progress.”

In another recent study, Clarissa Costalonga e Gandour and colleagues from the Climate Policy Initiative showed that environmental policies are important – but are only part of the deforestation-reduction story.  The study found that agricultural prices – particularly meat and soybeans – had a significant impact on deforestation as well…The study makes special mention of a 2008 policy that made rural credit for agricultural activities in the Amazon conditional on proof of compliance with environmental regulations – with exceptions for smallholders.

Excerpts, KATE EVANS, How much credit can Brazil take for slowing Amazon deforestation – and how low can it go?, CIFOR, Jan. 15, 2013

Nuclear Waste from Britain to Japan on the Pacific Grebe

Japan Nuclear Fuel Ltd. said Thursday that 28 canisters of high-level radioactive waste produced through the reprocessing of spent Japanese nuclear fuel in Britain will arrive in Aomori Prefecture in the latter half of February.  The 28 canisters of vitrified radioactive waste include 14 for Kansai Electric Power Co. and seven each for Chubu Electric Power Co. and Chugoku Electric Power Co.

The freighter Pacific Grebe carrying the waste left the port of Barrow on Wednesday Jan, 9, 2013) and will travel to Rokkasho, Aomori Prefecture, via the Panama Canal, Japan Nuclear Fuel said.  It will be the third time that vitrified radioactive waste will be brought to Japan from Britain.

Japan has received 104 canisters of such waste from Britain and plans to receive around 800 more. The 104 canisters have been stored at a facility in the village of Rokkasho.

Reprocessed nuclear waste to arrive in Aomori from Britain in late February, The Japan Times, Jan. 11, 2012

How to Command the Deep Sea: deep sea capsules of DARPA

Distributed systems to hibernate in deep-sea capsules for years, wake up when commanded, and deploy to surface providing operational support and situational awareness.

Today, cost and complexity limit the Navy to fewer weapons systems and platforms, so resources are strained to operate over vast maritime areas. Unmanned systems and sensors are commonly envisioned to fill coverage gaps and deliver action at a distance. However, for all of the advances in sensing, autonomy, and unmanned platforms in recent years, the usefulness of such technology becomes academic when faced with the question, “How do you get the systems there?” DARPA’s Upward Falling Payloads program seeks to address that challenge.

The UFP concept centers on developing deployable, unmanned, distributed systems that lie on the deep-ocean floor in special containers for years at a time. These deep-sea nodes would then be woken up remotely when needed and recalled to the surface. In other words, they “fall upward.”

“The goal is to support the Navy with distributed technologies anywhere, anytime over large maritime areas. If we can do this rapidly, we can get close to the areas we need to affect, or become widely distributed without delay,” said Andy Coon, DARPA program manager. “To make this work, we need to address technical challenges like extended survival of nodes under extreme ocean pressure, communications to wake-up the nodes after years of sleep, and efficient launch of payloads to the surface.”

Source DARPA, Jan. 11, 2013

DARPA will host a Proposers’ Day Conference for the Upward Falling Payload (UFP) program on Friday, January 25, 2012 in Arlington, VA at the DARPA Conference Center, in support of the Broad Agency Announcement (BAA) DARPA-BAA-13-17

Cost and complexity limit the number of ships and weapon systems the Navy can support in forward operating areas. This concentration of force structure is magnified as areas of contested environments grow. A natural response is to develop lower-cost unmanned and distributed systems that can deliver effects and situation awareness at a distance. However, power and logistics to deliver these systems over vast ocean areas limit their utility. The Upward Falling Payload (UFP) program intends to overcome these barriers. The objective of the UFP program is to realize a new approach for enabling forward deployed unmanned distributed systems that can provide non-lethal effects or situation awareness over large maritime areas. The approach centers on pre-deploying deep-ocean nodes years in advance in forward areas which can be commanded from standoff to launch to the surface. The UFP system is envisioned to consist of three key subsystems: (1) The ‘payload’ which executes waterborne or airborne applications after being deployed to the surface, (2) The UFP ‘riser’ which provides pressure tolerant encapsulation and launch (ascent) of the payload, and (3) The UFP communications which triggers the UFP riser to launch. A multi-phase effort is envisioned to design, develop, and demonstrate UFP systems.

Source: Federal Business Opportunities

What Transocean Pays for the Gulf Oil Spill

Transocean Ltd. appeared in federal court in New Orleans after reaching a $1.4 billion settlement with the U.S. over the 2010 Gulf of Mexico oil spill….The company agreed last week to plead guilty to a misdemeanor count of violating the Clean Water Act and to pay $400 million in criminal fines and $1 billion plus interest in civil penalties. Under the agreement, Transocean will undergo five years’ probation and establish a technology innovation group to focus on drilling safety, devoting a minimum of $10 million to this effort…..

The agreement doesn’t cover costs to Transocean for natural-resources damage under the Oil Pollution Act of 1990, the company said. That law requires responsible parties to reimburse governments for restoring natural resources to pre- incident conditions.  Transocean said last week that the company’s liability for these damages was limited by a 2012 court ruling that it wouldn’t be liable under the Oil Pollution Act for subsurface discharge from the well.

The blowout and explosion aboard Transocean’s drilling rig sent millions of barrels of crude leaking into the gulf. The accident prompted hundreds of lawsuits against Transocean, London-based BP, the well’s owner, and Houston-based Halliburton Co. (HAL), which provided cementing services. BP previously agreed to pay $4 billion to the Justice Department to resolve charges connected to the spill and $525 million to settle the U.S. Securities and Exchange Commission’s claim that the company misled investors about the rate of oil flowing into the gulf.  BP announced Nov. 15 that it reached a deal with the Justice Department to plead guilty to 14 counts, including 11 for felony seaman’s manslaughter. U.S. District Judge Sarah S. Vance said last month that she would determine at a Jan. 29 hearing whether to accept BP’s plea.

The criminal case is U.S. v. Transocean Deepwater Inc., 13- cr-001, U.S. District Court, Eastern District of Louisiana (New Orleans). (pdf)

Margaret Cronin Fisk & Allen Johnson Jr, Transocean Appears in Court After $1.4 Billion Spill Pact, Bloomberg, Jan. 9, 2013

Nuclear Energy and the Supplies of Uranium: 2013

Uranium is poised to rebound from a second annual decline as Japan considers restarting its atomic plants almost two years after the Fukushima disaster and China pushes ahead with the world’s biggest nuclear building program…A revival in demand from Japan is raising the prospect that supplies of the radioactive metal will shrink at the same time as China continues with a project to increase its nuclear power capacity at least fivefold by 2020. That’s a boost for uranium producers such as Perth, Australia-based Paladin (PDN) Energy Ltd. It’s also a blow for liquefied natural gas exporters including Qatar and Australia, which have helped plug Japan’s power shortage since the earthquake that led to the meltdown at the Fukushima Dai-Ichi plant in March 2011.,,,

The uranium forecasts for 2013 ranged from $45 to $62.60 a ton in the Bloomberg survey conducted Dec. 10 to Dec. 19. That compares with a three-year high of $73 in February 2011, according to data from Roswell, Georgia-based Ux Consulting, which advises the nuclear industry. The fuel averaged $56.80 in 2011 and was $43 a pound on Jan. 3.  The price plunged as low as $49.75 a ton in March 2011 after Japan’s biggest earthquake on record and a subsequent tsunami damaged reactors at the Fukushima site run by Tokyo Electric Power Co. (9501), releasing radiation and causing the evacuation of 160,000 people. The government responded to the disaster by keeping all 54 of the nation’s then-functioning atomic plants shut after safety checks, while countries from China to France reviewed their nuclear policies and Germany said it would close its facilities….

Speculation that uranium demand will rebound has grown since Dec. 16, when Japan’s Liberal Democrat Party won a landslide election victory. The previous administration of the Democratic Party of Japan, which ordered the shutdowns, planned to phase out nuclear power by the end of the 2030s…

Stockmarket investors have been betting that the resumptions will occur and boost uranium demand just as China pushes on with plans to build at least 26 new reactors. At the same time, analysts are predicting a drop in the price of LNG as Japan’s utilities seek to reduce their electricity-generation costs by switching back to nuclear.

Paladin, which operates two uranium mines in Africa and has exploration assets in Australia, rose 22 percent in Sydney in the two days through Dec. 18. Energy Resources of Australia Ltd. (ERA), whose Ranger mine in the Northern Territory produces about 10 percent of the world’s mined uranium, advanced 13 percent over the same period. Australia has the world’s largest known deposits of the fuel, according to the World Nuclear Association.

The cost of Japan’s LNG imports almost doubled in the past three years, reaching a record $18.07 per million Btu in July, according to Finance Ministry data. Purchases for the first 11 months of last year increased 11.5 percent from the same period in 2011 to a record 79.5 million tons, according to data from the ministry….The country must restart reactors quickly because of the price of fossil fuels, LDP General Council Chairman Hiroyuki Hosoda said Nov. 27.

Ben Sharples. Uranium Rebound Seen as Japan Considers Nuclear: Energy Markets, Bloomberg, Jan. 4, 2012

Illegal Nuclear Waste Dumping, Japan

Cleanup crews in Fukushima Prefecture have dumped soil and leaves contaminated with radioactive fallout into rivers. Water sprayed on contaminated buildings has been allowed to drain back into the environment. And supervisors have instructed workers to ignore rules on proper collection and disposal of the radioactive waste.  Decontamination is considered a crucial process in enabling thousands of evacuees to return to their homes around the crippled Fukushima No. 1 nuclear power plant and resume their normal lives.  But the decontamination work witnessed by a team of Asahi Shimbun reporters shows that contractual rules with the Environment Ministry have been regularly and blatantly ignored, and in some cases, could violate environmental laws.  “If the reports are true, it would be extremely regrettable,” Fukushima Governor Yuhei Sato said at his first news conference of the year on Jan. 4. “I hope everyone involved will clearly understand how important decontamination is to the people of Fukushima.”

He called on the Environment Ministry to investigate and present a clear report to the prefectural government.  The shoddy practices may also raise questions about the decontamination program itself–and the huge amounts of money pumped into the program.  The central government initially set aside 650 billion yen ($7.4 billion) to decontaminate areas hit by radioactive substances from the March 11, 2011, accident at the Fukushima plant. Since last summer, the Environment Ministry has designated 11 municipalities in Fukushima Prefecture for special decontamination work.  Work has already begun in four municipalities to remove radioactive substances from areas within 20 meters of buildings, roads and farmland.  The Environment Ministry itself does not have the know-how to decontaminate such a large area, so it has given contracts to joint ventures led by major construction companies to do the work.

A contract worth 18.8 billion yen to decontaminate the municipality of Naraha was awarded to a group that includes Maeda Corp. and Dai Nippon Construction. A 7.7-billion-yen contract for Iitate was signed with a group that includes Taisei Corp., while a 4.3-billion-yen contract for Kawauchi was given to a group led by Obayashi Corp. A consortium that includes Kajima Corp. was awarded a 3.3-billion-yen contract to clean up Tamura.  In signing the contracts, the Environment Ministry established work rules requiring the companies to place all collected soil and leaves into bags to ensure the radioactive materials would not spread further. The roofs and walls of homes must be wiped by hand or brushes. The use of pressurized sprayers is limited to gutters to avoid the spread of contaminated water. The water used in such cleaning must be properly collected under the ministry’s rules.

A special measures law for dealing with radioactive contamination of the environment prohibits the dumping of such waste materials. Violators face a maximum prison sentence of five years or a 10-million-yen fine.  From Dec. 11 to 18, four Asahi reporters spent 130 hours observing work at various locations in Fukushima Prefecture.At 13 locations in Naraha, Iitate and Tamura, workers were seen simply dumping collected soil and leaves as well as water used for cleaning rather than securing them for proper disposal. Photographs were taken at 11 of those locations.

Excerpt, CROOKED CLEANUP (1): Radioactive waste dumped into rivers during decontamination work in Fukushima, THE ASAHI SHIMBUN, Jan. 4, 2012

Bank Secrecy: Wegelin

Wegelin & Co, the oldest Swiss private bank, said on Thursday it would shut its doors permanently after more than 2 1/2 centuries, following its guilty plea to charges of helping wealthy Americans evade taxes through secret accounts.  The plea, in U.S. District Court in Manhattan, marks the death knell for one of Switzerland’s most storied banks, whose original European clients pre-date the American Revolution. It is also potentially a major turning point in a battle by U.S. authorities against Swiss bank secrecy.  A major question was left hanging by the plea: Has the bank turned over, or does it plan to disclose, names of American clients to U.S. authorities?.. Wegelin admitted to charges of conspiracy in helping Americans evade taxes on at least $1.2 billion for nearly a decade. Wegelin agreed to pay $57.8 million to the United States in restitution and fines. Otto Bruderer, a managing partner at the bank, said in court that “Wegelin was aware that this conduct was wrong.”  He said that “from about 2002 through about 2010, Wegelin agreed with certain U.S. taxpayers to evade the U.S. tax obligations of these U.S. taxpayer clients, who filed false tax returns with the IRS.”..

The surprise plea effectively ended the U.S. case against Wegelin, one of the most aggressive bank crackdowns in U.S. history.  “Once the matter is finally concluded, Wegelin will cease to operate as a bank,” Wegelin said in a statement on Thursday from its headquarters in the remote, small town of St. Gallen next to the Appenzell Alps near the German-Austrian border.  But the fate of three Wegelin bankers, indicted in January 2012 on charges later modified to include the bank, remains up in the air. Under criminal procedural rules, the cases of the three bankers – Michael Berlinka, Urs Frei and Roger Keller – are still pending.,

Although Wegelin had about a dozen branches, all in Switzerland, at the time of its indictment, it moved quickly to wind down its business, partly through a sale of its non-U.S. assets to regional Swiss bank Raiffeisen Gruppe.….Wegelin, a partnership of Swiss private bankers, was already a shadow of its former self – it effectively broke itself up following the indictment last year by selling the non-U.S. portion of its business.

Dozens of Swiss bankers and their clients have been indicted in recent years, following a 2009 agreement by UBS AG (UBSN.VX), the largest Swiss bank, to enter into a deferred-prosecution agreement, turn over 4,450 client names and pay a $780 million fine after admitting to criminal wrongdoing in selling tax-evasion services to wealthy Americans…Banks under U.S. criminal investigation in the wider probe include Credit Suisse, which disclosed last July it had received a target letter saying it was under a grand jury investigation…Zurich-based Julius Baer and some cantonal, or regional, banks are also under scrutiny, sources familiar with the probes previously told Reuters. So are UK-based HSBC Holdings (HSBA.L) and three Israeli banks, Hapoalim, Mizrahi-Tefahot Bank Ltd and Bank Leumi (LUMI.TA), sources also said previously.

Under its plea, Wegelin agreed to pay the $20 million in restitution to the IRS as well a civil forfeiture of $15.8 million, the Justice Department said.  Wegelin also agreed to pay an additional $22.05 million fine, the Justice Department said. U.S. District Judge Jed Rakoff, who must approve the monetary penalties, set a hearing in the case for March 4 for sentencing.  Last year, the U.S. government separately seized more than $16 million of Wegelin funds in a UBS AG account in Stamford, Connecticut, via a civil forfeiture complaint.  Since Wegelin has no branches outside Switzerland, it used UBS for correspondent banking services, a standard industry practice, to handle money for U.S.-based clients.  n court papers, Bruderer said that Wegelin “believed it would not be prosecuted in the United States for this conduct because it had no branches or offices in the United States and because of its understanding that it acted in accordance with, and not in violation of, Swiss law and that such conduct was common in the Swiss banking industry.”

The case is U.S. v. Wegelin & Co et al, U.S. District Court, Southern District of New York, No. 12-cr-00002.

Excerpts, Nate Raymond and Lynnley Browning, Swiss bank Wegelin to close after guilty plea, Reuters, Jan. 4, 2013

The Lack of Nuclear Waste Confidence

In documents filed Wednesday (Jan. 2, 2012)  with the Nuclear Regulatory Commission (NRC), a wide range of national and grassroots environmental groups said it would be impossible for the NRC to adequately conduct a court-ordered assessment of the environmental implications of long-term storage of spent nuclear reactor fuel in the two short years the federal agency envisions for the process.

In June 2012, the U.S. Court of Appeals for the D.C. Circuit vacated the NRC’s 2010 Waste Confidence Decision and Temporary Storage Rule and remanded them to the agency for study of the environmental impacts of storing spent fuel indefinitely if no permanent nuclear waste repository is licensed or if licensing of a repository is substantially delayed. Spent nuclear fuel remains highly dangerous for prolonged periods. It has long-lived radioactive materials in it that can seriously contaminate the environment and harm public health if released. Additionally, spent nuclear fuel contains plutonium-239, a radiotoxic element that can be used to make nuclear weapons if separated from the other materials in the fuel. Plutonium-239 has a half-life of over 24,000 years.

In their filings, the 24 groups said a full review of the three issues outlined in June 2012 by the U.S. Court of Appeals for the D.C. Circuit – long-term storage risks for spent nuclear fuel, spent fuel pool fire risks, and spent fuel pool leakage risks – would take at least the seven years originally projected by the NRC staff, and likely considerably longer. Current federal law requires that the NRC conduct a comprehensive environmental impact statement (EIS) study before issuing a revised Waste Confidence Decision; the 24 groups submitted their comments about the appropriate “scoping” of the EIS.

In the absence of an adequate EIS review, the NRC has “no choice but to continue to suspend all licensing and re-licensing actions” for U.S. nuclear reactors, according to the 24 organizations. All licensing and re-licensing actions were previously suspended by the NRC until an EIS and revised Waste Confidence Decision have been issued.  The 24 groups jointly filing the comments today with the NRC are the Alliance for Nuclear Accountability, Beyond Nuclear, Blue Ridge Environmental Defense League, Center for a Sustainable Coast, Citizens Allied for Safe Energy, Citizens Environmental Alliance, Don’t Waste Michigan, Ecology Party of Florida, Friends of the Earth, Georgia Women’s Action for New Directions, Hudson River Sloop Clearwater, Missouri Coalition for the Environment, New England Coalition, Nevada Nuclear Waste Task Force, NC WARN, Nuclear Information and Resource Service, Nuclear Watch South, Physicians for Social Responsibility, Public Citizen, Riverkeeper, San Luis Obispo Mothers for Peace, SEED Coalition, Sierra Club Nuclear Free Campaign, and Southern Alliance for Clean Energy.

The expert declarations were made by: Dr. Arjun Makhijani, president of the Institute for Energy and Environmental Research; Dr. Gordon Thompson, executive director for the Institute for Resource and Security Studies; and Phillip Musegaas, Esq., Hudson River program director for Riverkeeper, Inc.

Highlights of the 24-group filings include the following:

•The “hurry-up” two-year timeframe for environmental review falls far short of the 2019 estimate of NRC’s own technical staff for data collecting and analysis on the impacts of long-term storage of spent nuclear fuel. The NRC currently lacks sufficient information to reach scientifically, well-founded conclusions about the impacts of such storage. The agency also lacks information regarding the impacts associated with the eventual disposal of spent nuclear fuel. According to Dr. Makhijani, the NRC will not be able to gather this information within its truncated, self-imposed two-year timeframe.

•The short timeframe provided for environmental review will also not permit post-Fukushima information about U.S. reactors to be fully collected and evaluated. Under the schedule established by the NRC staff in March 2012, reactor licensees are not due to supply post-Fukushima seismic information until September 2013 for reactor sites in the eastern and central U.S. and March 2015 for western reactor sites. According to the groups’ filing with the NRC today: “Given the significant role played by seismic events in accidents ranging from spent fuel pool leaks to pool fires and their potential effects on long-term storage sites, this information is crucial to the NRC’s ability to take a ‘hard look’ at all three topics remanded by the Court.”

•Despite the Court’s order to consider impacts associated with the failure to ever establish a permanent repository for spent nuclear fuel, the NRC proposed only to consider the impacts associated with failing to secure a repository by the end of this century. Dr. Makhijani and Dr. Thompson argue that the NRC should consider the environmental impacts of failing to establish a repository until 2250, requiring approximately 300 years of onsite storage.

•The NRC should consider alternatives to minimize the risks of storage of spent nuclear fuel and high level waste, including placement below ground level, elimination of the current practice of high-density storage of spent fuel in pools, and more robust designs for storage casks.

•The environmental impact statement should assess the radiological risk arising from a range of conventional accidents or attacks, including those conducted by terrorists.

24 Groups: NRC Rushing Nuclear “Waste Confidence” Process, Not Satisfying Court-Ordered Requirements, PRNewswire, Jan. 3, 2013

Inside the CIA: the Scorpions

The rapid collapse of a U.S. diplomatic compound in Libya exposed the vulnerabilities of State Department facilities overseas. But the CIA’s ability to fend off a second attack that same night provided a glimpse of a key element in the agency’s defensive arsenal: a secret security force created after the Sept. 11, 2001, attacks.  Two of the Americans killed in Benghazi were members of the CIA’s Global Response Staff, an innocuously named organization that has recruited hundreds of former U.S. Special Forces operatives to serve as armed guards for the agency’s spies.   The GRS, as it is known, is designed to stay in the shadows, training teams to work undercover and provide an unobtrusive layer of security for CIA officers in high-risk outposts.  But a series of deadly scrapes over the past four years has illuminated the GRS’s expanding role, as well as its emerging status as one of the CIA’s most dangerous assignments.

Of the 14 CIA employees killed since 2009, five worked for the GRS, all as contractors. They include two killed at Benghazi, as well as three others who were within the blast radius on Dec. 31, 2009, when a Jordanian double agent detonated a suicide bomb at a CIA compound in Khost, Afghanistan.  GRS contractors have also been involved in shootouts in which only foreign nationals were killed, including one that triggered a diplomatic crisis. While working for the CIA, Raymond Davis was jailed for weeks in Pakistan last year after killing two men in what he said was an armed robbery attempt in Lahore. (pdf from cryptome.org)

The increasingly conspicuous role of the GRS is part of a broader expansion of the CIA’s paramilitary capabilities over the past 10 years. Beyond hiring former U.S. military commandos, the agency has collaborated with U.S. Special Operations teams on missions including the raid that killed Osama bin Laden and has killed thousands of Islamist militants and civilians with its fleet of armed drones.

CIA veterans said that GRS teams have become a critical component of conventional espionage, providing protection for case officers whose counterterrorism assignments carry a level of risk that rarely accompanied the cloak-and-dagger encounters of the Cold War.  Spywork used to require slipping solo through cities in Eastern Europe. Now, “clandestine human intelligence involves showing up in a Land Cruiser with some [former] Deltas or SEALs, picking up an asset and then dumping him back there when you are through,” said a former CIA officer who worked closely with the security group overseas.  Bodyguard details have become so essential to espionage that the CIA has overhauled its training program at the Farm — its case officer academy in southern Virginia — to teach spies the basics of working with GRS teams.

The security apparatus relies heavily on contractors who are drawn by relatively high pay and flexible schedules that give them several months off each year. In turn, they agree to high-risk assignments in places such as Benghazi and are largely left on their own to take basic precautions, such as finding health and life insurance.

Current and former U.S. intelligence officials said the GRS has about 125 employees working abroad at any given time, with at least that many rotating through cycles of training and off-time in the United States.  At least half are contractors, who often earn $140,000 or more a year and typically serve 90- or 120-day assignments abroad. Full-time GRS staff officers — those who are permanent CIA employees — earn slightly less but collect benefits and are typically put in supervisory roles.  The work is lucrative enough that recruiting is done largely by word of mouth, said one former U.S. intelligence official. Candidates tend to be members of U.S. Special Forces units who have recently retired, or veterans of police department SWAT teams.  Most GRS recruits arrive with skills in handling the weapons they will carry, including Glock handguns and M4 rifles. But they undergo additional training so they do not call attention to the presence or movements of the CIA officers they are in position to protect.

Although the agency created the GRS to protect officers in war zones such as Iraq and Afghanistan, it has been expanded to protect secret drone bases as well as CIA facilities and officers in locations including Yemen, Lebanon and Djibouti.  In some cases, elite GRS units provide security for personnel from other agencies, including National Security Agency teams deploying sensors or eavesdropping equipment in conflict zones, a former special operator said. The most skilled security operators are informally known as “scorpions.”  “They don’t learn languages, they’re not meeting foreign nationals and they’re not writing up intelligence reports,” a former U.S. intelligence official said. Their main tasks are to map escape routes from meeting places, pat down informants and provide an “envelope” of security, the former official said, all while knowing that “if push comes to shove, you’re going to have to shoot.”

The consequences in such cases can be severe. Former CIA officials who worked with the GRS still wince at the fallout from Davis’s inability to avoid capture as well as his decision to open fire in the middle of a busy street in Pakistan. The former security contractor, who did not respond to requests for comment, said he was doing basic “area familiarization” work, meaning learning his surroundings and possibly mapping routes of escape, when he was confronted by two Pakistanis traveling by motorcycle.  Davis became trapped at the scene, and his arrest provoked a diplomatic standoff between two tense allies in the fight against terrorism.  The CIA took heavy criticism for the clumsiness of the Davis episode, temporarily suspending the drone campaign in Pakistan before U.S. payments to the families of the men Davis had killed helped secure his release.

Excerpt, Greg Miller and Julie Tate, CIA’s Global Response Staff emerging from shadows after incidents in Libya and Pakistan, Washington Post. Dec. 26, 2012

Finland and Sweden go Ahead with Nuclear Waste Disposal

An application to build a Finnish repository for spent nuclear fuel was filed Friday (December 28, 2012), the government and the company planning to build the storage site said.  The planned location is at Olkiluoto in south-western Finland where two of the country‘s four reactors operate and a fifth is being built.  Company Posiva, owned by energy groups TVO and Fortum, said the envisaged site was to store 9,000 tonnes of spent uranium fuel.  “The construction licence application is based on more than 30 years of research and development work, carried out ever since the commissioning of the existing nuclear power plants,” said Reijo Sundell, president of Posiva.  The waste is to be stored in bedrock at a depth of 400-450 metres. The waste would be cached in canisters that would be able to withstand corrosion, the company said.

The Ministry of Employment and the Economy said it would invite other ministries, authorities and organizations to provide views on the plans, as well as private citizens and the municipality of Eurajoki where Olkiluoto is located.  The Radiation and Nuclear Safety Authority is to assess safety. The process is expected to run until the end of 2014 when the government is to consider the construction licence application.

A similar review is underway in neighbouring Sweden where the Swedish Nuclear Fuel and Waste Management Company (SKB) opted for the municipality of Osthammar, 150 kilometres north of Stockholm, for an envisaged repository to store Swedish waste for 100,000 years.  Osthammar, with some 23,000 inhabitants, is home to three reactors at the Forsmark plant and earlier applied to house the storage site.

Application filed for Finnish nuclear waste repository, Europe Online, Dec. 28, 2012

Nuclear Protesters and the Establishment: Japan

Eight million people signed an Internet petition demanding an end to nuclear power and hundreds of thousands joined public protests. Yet Japan handed an election landslide to the most pro-atomic option on offer.  Anti-nuclear activists have been left licking their wounds after the first national poll since the tsunami-sparked disaster at Fukushima saw an apparent melting away of public anger as the country welcomed back the establishment…

The Liberal Democratic Party bagged 294 of the 480 seats in the lower house, crushing their opponents, the biggest of which won only 57 seats.  Where smaller parties offered an end to nuclear power — immediately, over ten years, or within three decades — the LDP pledged only to “decide” on reactor restarts within three years.

Commentators say the pro-business party is likely to give the green light to power companies. Markets agree, with shares in Fukushima operator Tokyo Electric Power (TECPO) surging around 50 percent in two days after the win.  The problem, said the left-leaning Asahi Shimbun newspaper, was that other issues trumped nuclear; voters were frustrated with Japan’s economic malaise, huge public debts, fragile employment and diplomatic friction with China.  The public were looking for a way to punish the ruling Democratic Party of Japan for its policy failures…In fact, says the Asahi, the anti-nuclear vote was almost completely neutralised because of the fragmentation caused by this mushrooming of parties.

Excerpts from Hiroshi Hiyama, Japan anti-nuclear vote melts away, Agence France Presse, Dec. 23, 2012

The CIA Drone Program in Yemen: cover up

A rickety Toyota truck packed with 14 people rumbled down a desert road from the town of Radda, which al-Qaeda militants once controlled. Suddenly a missile hurtled from the sky and flipped the vehicle over.  Chaos. Flames. Corpses. Then, a second missile struck.  Within seconds, 11 of the passengers were dead, including a woman and her 7-year-old daughter. A 12-year-old boy also perished that day, and another man later died from his wounds.

The Yemeni government initially said that those killed were al-Qaeda militants and that its Soviet-era jets had carried out the Sept. 2 attack. But tribal leaders and Yemeni officials would later say that it was an American assault and that all the victims were civilians who lived in a village near Radda, in central Yemen. U.S. officials last week acknowledged for the first time that it was an American strike.  “Their bodies were burning,” recalled Sultan Ahmed Mohammed, 27, who was riding on the hood of the truck and flew headfirst into a sandy expanse. “How could this happen? None of us were al-Qaeda.”

More than three months later, the incident offers a window into the Yemeni government’s efforts to conceal Washington’s mistakes and the unintended consequences of civilian deaths in American air assaults. In this case, the deaths have bolstered the popularity of al-Qaeda in the Arabian Peninsula, the terrorist network’s Yemen affiliate, which has tried to stage attacks on U.S. soil several times.

Furious tribesmen tried to take the bodies to the gates of the presidential residence, forcing the government into the rare position of withdrawing its assertion that militants had been killed. The apparent target, Yemeni officials and tribal leaders said, was a senior regional al-Qaeda leader, Abdelrauf al-Dahab, who was thought to be in a car traveling on the same road.

U.S. airstrikes have killed numerous civilians in Afghanistan, Pakistan and other parts of the world, and those governments have spoken against the attacks. But in Yemen, the weak government has often tried to hide civilian casualties from the public, fearing repercussions in a nation where hostility toward U.S. policies is widespread. It continues to insist in local media reports that its own aging jets attacked the truck.

Meanwhile, the Obama administration has kept silent publicly, neither confirming nor denying any involvement, a standard practice with most U.S. airstrikes in its clandestine counterterrorism fight in this strategic Middle Eastern country.  In response to questions, U.S. officials in Washington, who spoke on the condition of anonymity because of the sensitivity of the matter, said it was a Defense Department aircraft, either a drone or a fixed-wing warplane, that fired on the truck. The Pentagon declined to comment on the incident, as did senior U.S. officials in Yemen and senior counterterrorism officials in Washington.

Since the attack, militants in the tribal areas surrounding Radda have gained more recruits and supporters in their war against the Yemeni government and its key backer, the United States. The two survivors and relatives of six victims, interviewed separately and speaking to a Western journalist about the incident for the first time, expressed willingness to support or even fight alongside AQAP, as the al-Qaeda group is known.  “Our entire village is angry at the government and the Americans,” Mohammed said. “If the Americans are responsible, I would have no choice but to sympathize with al-Qaeda because al-Qaeda is fighting America.”…

After Osama bin Laden’s death last year, Yemen emerged as a key battlefield in the Obama administration’s war on Islamist militancy. AQAP members are among those on a clandestine “kill list” created by the administration to hunt down terrorism suspects. It is a lethal campaign, mostly fueled by unmanned drones, but it also includes fixed-wing aircraft and cruise missiles fired from the sea.  This year, there have been at least 38 U.S. airstrikes in Yemen, according to the Long War Journal, a nonprofit Web site that tracks American drone attacks. That is significantly more than in any year since 2009, when President Obama is thought to have ordered the first drone strike.

The Radda attack was one of the deadliest since a U.S. cruise missile strike in December 2009 killed dozens of civilians, including women and children, in the mountainous region of al-  Majala in southern Yemen. After that attack, many tribesmen in that area became radicalized and joined AQAP.,,,

“The government is trying to kill the case,” said Abdul Rahman Berman, the executive director of the National Organization for Defending Rights and Freedoms, or HOOD, a local human rights group. “The government wants to protect its relations with the U.S.”  After the 2009 strike in al-Majala, the Yemeni government took responsibility for the assault. “We’ll continue saying the bombs are ours, not yours,” Saleh told Gen. David H. Petraeus, who was then the head of U.S. Central Command, according to a U.S. Embassy e-mail leaked by the anti-secrecy Web site WikiLeaks…

On extremist Web sites and Facebook pages, grisly pictures of the attack’s aftermath, with bodies tossed like rag dolls on the road, have been posted, coupled with condemnations of the government and the United States. In Sabool and Radda, youths have vowed to join al-Qaeda to fight the United States.

Excerpts, Sudarsan Raghavan,When U.S. drones kill civilians, Yemen’s government tries to conceal it, Washington Post, Dec. 24, 2012

The CIA Drone Program and Right to Information

A London court  has ruled against examining intelligence-sharing by [Government Communications Headquarters] GCHQ  that leads to CIA drone strikes, claiming it would ‘imperil relations’ with the US.   The case was brought by Noor Khan, a Pakistani national whose father was killed in a drone strike in March 2011. The strike, which killed over 40 people, mostly civilians who had gathered to resolve a mining dispute, is one of the bloodiest on record. Khan has also launched court action against drone strikes in Pakistan. His UK case was supported by legal charity Reprieve and solicitors Leigh Day & Co.

Khan’s lawyers argued that in cases where the UK shared intelligence with the US security services on the location of suspects, knowing that this may be used to kill them with drone strikes, the GCHQ agents responsible may be committing crimes including accessory to murder. The case was an application for a judicial review of the UK’s intelligence-sharing policy in cases where the information might lead to drone strikes.  But Lord Justice Moses and Mr Justice Simon yesterday rejected the application.  ‘It is plain, from the nature of the claims, that the purpose of the proceedings in England and in Pakistan is to persuade a court to do what it can to stop further strikes by drones operated by the United States,’ said Lord Justice Moses in his written response.  He cited a legal principle whereby ‘the courts will not sit in judgment on the sovereign acts of a foreign state’; breaking with this principle would ‘imperil relations between the states,’ he added.

In order to decide whether GCHQ agents might be open to prosecution if they shared information with the CIA that was used to target drone strikes, a UK court would have to rule on whether the CIA’s campaign in Waziristan could be considered a formal war, as this would allow the agents to claim combatant immunity.  ‘I reject the suggestion that the argument can be confined to an academic discussion as to the status of the conflict in North Waziristan,’ wrote Lord Justice Moses. ‘The claimant cannot demonstrate that his application will avoid, during the course of the hearing and in the judgment, giving a clear impression that it is the United States’ conduct in North Waziristan which is also on trial.’  ‘

The government has never officially confirmed or denied sharing intelligence for drone attacks, although in 2010, a Sunday Times article quoted ‘insiders’ claiming GCHQ had shared information about the locations of al Qaeda and Taliban commanders in both Afghanistan and Pakistan. GCHQ told the Sunday Times all intelligence sharing was in ‘strict accordance’ with the law.

Noor Khan announced he would appeal the decision. Rosa Curling, of Khan’s solicitors Leigh Day & Co, said: ‘We are disappointed that the court has decided not to engage in this very important issue, leaving our client no option but to appeal the decision. This claim raises very serious questions and issues about the UK’s involvement in the CIA drone attacks in Pakistan. This case seeks to determine the legality of intelligence sharing in relation to GCHQ assistance in CIA drone strikes.’  Kat Craig, legal director of Reprieve, said: ‘By avoiding judicial scrutiny over drone attacks, combined with its ongoing attempts to push through secret courts, this government is showing a disturbing desire to put itself above the law… If the Government is supporting the CIA’s campaign of drone strikes which are illegal, the British public have the right to know.’

Alice K Ross, High court rejects first UK challenge to CIA’s drone campaign, Bureau of Investigative Journalism, Dec. 22, 2012

What Iraq and EU have in Common? Toxic Waste

The Iraqi Ministry of Science and Technology on Thursday (December 20, 2012) signed a memorandum of understanding (MoU) with the European Union (EU) to build a $2.6 million landfill for dumping radioactive nuclear waste, according to a ministry statement. During a joint press conference with Iraqi Science and Technology Minister Abdul Karim al-Sammarae, the head of the EU Delegation to Iraq, Ambassador Jana Hybášková, said the memorandum will complete joint activities and programmes that began in 2008.

The grant allocates money to design and prepare a landfill and train Iraqi scientists in the field, she said. Al-Sammarae said the MoU is slated to take effect for a maximum of three years, during which all destroyed nuclear facilities are to be liquidate

EU to build $2.6 million radioactive waste landfill for Iraq, http://www.al-shorfa.com,  Dec, 21, 2012

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More than 40 sites across Iraq are contaminated with high levels or radiation and dioxins, with three decades of war and neglect having left environmental ruin in large parts of the country, an official Iraqi study has found.  Areas in and near Iraq’s largest towns and cities, including Najaf, Basra and ­Falluja, account for around 25% of the contaminated sites, which appear to coincide with communities that have seen increased rates of cancer and birth defects over the past five years. The joint study by the environment, health and science ministries found that scrap metal yards in and around Baghdad and Basra contain high levels of ionising radiation, which is thought to be a legacy of depleted uranium used in munitions during the first Gulf war and since the 2003 invasion.

The environment minister, Narmin Othman, said high levels of dioxins on agricultural lands in southern Iraq, in particular, were increasingly thought to be a key factor in a general decline in the health of people living in the poorest parts of the country.  “If we look at Basra, there are some heavily polluted areas there and there are many factors contributing to it,” ­she told the Guardian. “First, it has been a battlefield for two wars, the Gulf war and the Iran-Iraq war, where many kinds of bombs were used. Also, oil pipelines were bombed and most of the contamination settled in and around Basra. “The soil has ended up in people’s lungs and has been on food that people have eaten. Dioxins have been very high in those areas. All of this has caused systemic problems on a very large scale for both ecology and overall health.”…

Ten of those areas have been classified by Iraq’s nuclear decommissioning body as having high levels of radiation. They include the sites of three former nuclear reactors at the Tuwaitha facility – once the pride of Saddam ­Hussein’s regime on the south-eastern outskirts of Baghdad – as well as former research centres around the capital that were either bombed or dismantled between the two Gulf wars.

Bushra Ali Ahmed, director of the Radiation Protection Centre in Baghdad, said only 80% of Iraq had so far been surveyed. “We have focused so far on the sites that have been contaminated by the wars,” he said. “We have further plans to swab sites that have been destroyed by war.  “A big problem for us is when say a tank has been destroyed and then moved, we are finding a clear radiation trail. It takes a while to decontaminate these sites.”

Scrap sites remain a prime concern. Wastelands of rusting cars and war damage dot Baghdad and other cities between the capital and Basra, offering unchecked access to both children and scavengers.

Othman said Iraq’s environmental degradation is being intensified by an acute drought and water shortage across the country that has seen a 70% decrease in the volume of water flowing through the Euphrates and Tigris rivers.  “We can no longer in good conscience call ourselves the land between the rivers,” she said. “A lot of the water we are getting has first been used by Turkey and Syria for power generation. When it reaches us it is poor quality. That water which is used for agriculture is often contaminated. We are in the midst of an unmatched environmental disaster.”

Excerpts from Martin Chulov, Iraq littered with high levels of nuclear and dioxin contamination, study finds, Guardian, Jan. 22, 2010

Nigeria and the Oil Companies: the ECOWAS Judgment

Amnesty International and Socio-Economic Rights and Accountability Project (SERAP) have hailed last [Economic Community of West African States] ECOWAS Court of Justice ground-breaking judgment as a “key moment in holding governments and companies to account for pollution.”  In the case, SERAP v. Nigeria, the Court unanimously found the Nigerian government responsible for abuses by oil companies and makes it clear that the government must hold the companies and other perpetrators to account.

The Court also found that Nigeria violated articles 21 (on the right to natural wealth and resources) and 24 (on the right to a general satisfactory environment) of the African Charter on Human and Peoples’ Rights by failing to protect the Niger Delta and its people from the operations of oil companies that have for many years devastated the region.  According to the Court, the right to food and social life of the people of Niger Delta was violated by destroying their environment, and thus destroying their opportunity to earn a living and enjoy a healthy and adequate standard of living. The Court also said that both the government and the oil companies violate the human and cultural rights of the people in the region.

The Court ruled that the government’s failure to enact effective laws and establish effective institutions to regulate the activities of the companies coupled with its failure to bring perpetrators of pollution “to book” amount to a breach of Nigeria’s international human rights obligations and commitments.  The Court emphasized that “the quality of life of people is determined by the quality of the environment. But the government has failed in its duty to maintain a general satisfactory environment conducive to the development of the Niger Delta region”.

“This judgment confirms the persistent failure of the Nigerian government to properly and effectively punish oil companies that have caused pollution and perpetrated serious human rights abuses, and is an important step towards accountability for government and oil companies that continue to prioritise profit-making over and above the well-being of the people of the region,” said Femi Falana SAN, and Adetokunbo Mumuni for SERAP.  “This is a crucial precedent that vindicates the human right to a healthy environment and affirms the human right of the Nigerian people to live a life free from pollution. It also makes it clear that the government must hold the oil companies to account,” said Michael Bochenek, Director of Law and Policy at Amnesty International.  “The judgment makes it clear that the Nigerian government has failed to prevent the oil companies causing pollution. It is a major step forward in holding the government and oil companies accountable for years of devastation and deprivation.” said Bochenek.

The court affirmed that the government must now move swiftly to fully implement the judgment and restore the dignity and humanity of the people of the region.

“The judgment has also come at a time when oil is being discovered in the majority of the member states of the ECOWAS. It is vital that other states take heed of this judgement, which has laid down minimum standards of operations for government and oil companies involved in the exploitation of oil and gas in the region,” Falana and Mumuni also said.  “The time has come for the Nigerian government to stand up to powerful oil companies that have abused the human rights of the people of the Niger Delta with impunity for decades,” said Bochenek.  “We commend the ECOWAS Court for standing up for the rights and dignity of the people of the Niger Delta. We also acknowledge the important legal contribution of Dr Kolawole Olaniyan of Amnesty International, to the case,” said Falana and Mumuni.

he case was filed against the Federal Government and six oil companies over alleged violation of human rights and associated oil pollution in the Niger Delta. Specifically, the plaintiff alleged: “Violations of the right to an adequate standard of living, including the right to food, to work, to health, to water, to life and human dignity, to a clean and healthy environment; and to economic and social development – as a consequence of: the impact of oil-related pollution and environmental damage on agriculture and fisheries.”  SERAP also alleged “oil spills and waste materials polluting water used for drinking and other domestic purposes; failure to secure the underlying determinants of health, including a healthy environment, and failure to enforce laws and regulations to protect the environment and prevent pollution.”

The Court dismissed the government’s objections that SERAP had no locus standi to institute the case; that the ECOWAS Court had no jurisdiction to entertain it; and that the case was statute-barred. The Court also rejected efforts by the government to exclude a 2009  Amnesty International report on oil pollution from being considered. The report was based on an in-depth investigation into pollution caused by the international oil companies, in particular Shell, and the failure of the government of Nigeria to prevent pollution or sanction the companies.

The suit number ECW/CCJ/APP/08/09 was argued by SERAP counsel, Femi Falana SAN, Adetokunbo Mumuni and Sola Egbeyinka.  The judgment was delivered by a panel of 6 judges: Justice Awa Nana Daboya, Justice Benefeito Mosso Ramos, Justice Hansine Donli, Justice Alfred Benin, Justice Clotilde Medegan and Justice Eliam Potey.

Article 15(4) of the ECOWAS Treaty makes the Judgment of the Court binding on Member States, including Nigeria. Also, Article 19(2) of the 1991 Protocol provides that the decisions of the Court shall be final and immediately enforceable. Furthermore, non-compliance with the judgment of the Court can be sanctioned under Article 24 of the Supplementary Protocol of the ECOWAS Court of Justice, and Article 77 of the ECOWAS Treaty.

SERAP Press Release, December 2012

See also decision of the ECOWAS Community Court on Jurisdiction

The Flight of Gold: what Afghanistan, China and Iran have in common

Packed into hand luggage and tucked into jacket pockets, roughly hewed bars of gold are being flown out of Kabul with increasing regularity, confounding Afghan and American officials who fear money launderers have found a new way to spirit funds from the country.  Most of the gold is being carried on commercial flights destined for Dubai, according to airport security reports and officials. The amounts carried by single couriers are often heavy enough that passengers flying from Kabul to the Persian Gulf emirate would be well advised to heed warnings about the danger of bags falling from overhead compartments. One courier, for instance, carried nearly 60 pounds of gold bars, each about the size of an iPhone, aboard an early morning flight in mid-October, according to an airport security report. The load was worth more than $1.5 million.

The gold is fully declared and legal to fly. Some, if not most, is legitimately being sent by gold dealers seeking to have old and damaged jewelry refashioned into new pieces by skilled craftsmen in the Persian Gulf, said Afghan officials and gold dealers.  But gold dealers in Kabul and current and former Kabul airport officials say there has been a surge in shipments since early summer. The talk of a growing exodus of gold from Afghanistan has been spreading among the business community here, and in recent weeks has caught the attention of Afghan and American officials. The officials are now puzzling over the origin of the gold — very little is mined in Afghanistan, although larger mines are planned — and why so much appears to be heading for Dubai.

“We are investigating it, and if we find this is a way of laundering money, we will intervene,” said Noorullah Delawari, the governor of Afghanistan’s central bank. Yet he acknowledged that there were more questions than answers at this point. “I don’t know where so much gold would come from, unless you can tell me something about it,” he said in an interview. Or, as a European official who tracks the Afghan economy put it, “new mysteries abound” as the war appears to be drawing to a close.

Figuring out what precisely is happening in the Afghan economy remains as confounding as ever. Nearly 90 percent of the financial activity takes place outside formal banks. Written contracts are the exception, receipts are rare and statistics are often unreliable. Money laundering is commonplace, say Western and Afghan officials.  As a result, with the gold, “right now you’re stuck in that situation we usually are: is there something bad going on here or is this just the Afghan way of commerce?” said a senior American official who tracks illicit financial networks.

There is reason to be suspicious: the gold shipments track with the far larger problem of cash smuggling. For years, flights have left Kabul almost every day carrying thick wads of bank notes — dollars, euros, Norwegian kroner, Saudi Arabian riyals and other currencies — stuffed into suitcases, packed into boxes and shrink-wrapped onto pallets. At one point, cash was even being hidden in food trays aboard now-defunct Pamir Airways flights to Dubai.

Last year alone, Afghanistan’s central bank says, roughly $4.5 billion in cash was spirited out through the airport. Efforts to stanch the flow have had limited impact, and concerns about money laundering persist, according to a report released last week by the United States Special Inspector General for Afghanistan Reconstruction.  The unimpeded “bulk cash flows raise the risk of money laundering and bulk cash smuggling — tools often used to finance terrorist, narcotics and other illicit operations,” the report said. The cash, and now the gold, is most often taken to Dubai, where officials are known for asking few questions. Many wealthy Afghans park their money and families in the emirate, and gold dealers say more middle-class Afghans are sending money and gold — seen as a safeguard against economic ruin — to Dubai as talk of a postwar economic collapse grows louder. But given Dubai’s reputation as a haven for laundered money, an Afghan official said that the “obvious suspicion” is that at least some of the apparent growth in gold shipments to Dubai is tied to the myriad illicit activities — opium smuggling, corruption, Taliban taxation schemes — that have come to define Afghanistan’s economy.

There are also indications that Iran could be dipping into the Afghan gold trade. It is already buying up dollars and euros here to circumvent American and European sanctions, and it may be using gold for the same purpose.  Yahya, a dealer in Kabul, said other gold traders were helping Iran buy the precious metal here. Payment was being made in oil or with Iranian rials, which readily circulate in western Afghanistan. The Afghan dealers are then taking it to Dubai, where the gold is sold for dollars. The money is then moved to China, where it was used to buy needed goods or simply funneled back to Iran, said Yahya, who like many Afghans uses a single name.

Excerpt, MATTHEW ROSENBERG, An Afghan Mystery: Why Are Large Shipments of Gold Leaving the Country?, NY Times, Dec. 15, 2012

Another War to Save the Rhino

Retired SA Army Major General Johan Jooste was this week unveiled as the man who will be in overall command of the Kruger national park’s (located in South Africa) efforts to for once and all stop rhino poaching.  So far this year 381 rhino have been killed by poachers in Kruger, well over half the national loss of 618.  Jooste… was his usual straightforward self when commenting on the new task.  “I am no messiah. What I am is a proven leader as well as a team player…The battle lines have been drawn and now the team and I are going to work hard to push back poachers.  It is a fact that South Africa as a sovereign country is under attack by armed foreign nationals. This can be seen as a declaration of war. We are going to take the war to these bandits and we aim to win it,” the highly decorated and respected retired two-star general said in Skukuza.  SANParks chief executive Dr David Mabunda who is on record as saying the country was engaged in “a low intensity war” against poachers, said the arrival of Jooste in Kruger was another indication of the high priority the national conservation agency was giving to the scourge of rhino poaching.  “We are fully aware we will never be able to put a ranger behind every rhino. That’s why we are developing modern and innovative ways of protecting rhino against a well-organised onslaught.”

Jooste’s appointment is in line with SANParks multi-pronged approach to rhino poaching including a single operations command. He brings with him experience in military intelligence, border and area protection as well as contemporary knowledge of modern military technology, its use and integration at operational level as well as conservation knowledge.

Kim Helfric, War on rhino poaching intensifies as general joins the fray, The NewAge, Dec. 13, 2012

Why UN is Failing Congo?

The United Nations said it had launched a comprehensive review of its Congo peacekeeping mission, which suffered a severe blow to its image last month after it stood aside and let rebels seize control of a major eastern city.  But U.N. Security Council diplomats and officials said any changes in the U.N.’s largest peacekeeping force would matter little if authorities in the Democratic Republic of the Congo did not improve their own army, and neighbouring Rwanda and Uganda continued to finance, equip and train rebel groups in mineral-rich eastern Congo.  U.N. officials have defended the U.N. Congo force, MONUSCO, for not preventing the well-equipped M23 rebels from taking the eastern city of Goma last month.  They said any attempt to have done so would have put Goma’s civilian population at risk. But they are painfully aware of the damage to the image of the mission, which U.N. officials say has been quite effective over the years, in Congo and across Africa.  “MONUSCO’s reputation has been severely damaged in the DRC and the region,” a U.N. diplomat told Reuters on condition of anonymity. “The U.N. is looking closely at MONUSCO now to consider whether there can be changes.

U.N. peacekeeping spokesman Kieran Dwyer said the United Nations was launching a comprehensive assessment of MONUSCO, and diplomats said U.N. Secretary-General Ban Ki-moon would present the results to the Security Council early next year…

One idea U.N. officials are considering is the creation of an “enforcement wing” of MONUSCO, that would take a more robust approach to dealing with insurgents in eastern Congo, U.N. diplomats and officials told Reuters on condition of anonymity.  “The idea would be to create a wing of MONUSCO that would do more than simply support the FARDC (Congolese army) but could take on more difficult battlefield tasks,” an envoy said.   Details are sketchy, since the review has just begun. But the idea is that the enforcement wing and the international neutral force could deploy along the Rwandan border, possibly with a separate, beefed-up mandate from the rest of MONUSCO, though they would all be part of the same overall mission.  Diplomats said the idea would have to be approved by troop-contributing countries and the Security Council.

A U.N. panel of experts has said M23 rebels are getting money, sophisticated equipment, training and reinforcements from Rwanda, as well as some additional support from Uganda. Analysts, diplomats and U.N. officials say Rwanda and Uganda have been interfering in eastern Congo for many years.  Rwanda and Uganda deny the charges….

It is not the first time Goma residents have felt let down by blue-helmeted U.N. troops. In 2008, the Security Council increased the size the peacekeeping force by 3,000 troops to help Congo’s weak army confront Tutsi rebels in eastern Congo.  At that time, angry displaced people and residents rioted and hurled stones at the peacekeepers, accusing them of failing to protect them from raping and pillaging Tutsi rebels led by renegade General Laurent Nkunda.  Despite recent setbacks sparked by the M23 rebellion and political instability in Congo, U.N. officials and diplomats say MONUSCO has done much good in Congo, which has seen five different peacekeeping forces over the last five decades…One problem in eastern Congo is that the army itself is in shambles. Not only is it widely seen as incapable of providing security in the region, it routinely faces accusations of rape and other atrocities.  Another problem is the weakness of President Joseph Kabila’s government, which has virtually no control over eastern Congo, an area the size of France. U.N. officials have spoken of Rwanda’s de facto annexation of Congo’s eastern provinces.

By Louis Charbonneau, U.N. launches review of Congo force with battered reputation, Reuters, Dec 13 2012

The Battery of Europe – Swiss hydroelectricity is not Green

Swiss energy companies are determined to turn the country into a ‘battery for Europe’. Vast investments are made in big-scale water power projects. But it is not certain they will eventually pay off.  With the decision for a nuclear shutdown, the spotlight in Switzerland and Germany has switched to renewable energy sources. In Germany there’s a massive boost to solar and wind energy production, while Switzerland’s energy companies focus on increasing their storage capacities in the Alps.  About 11 percent of Europe’s electricity flows through Switzerland. The Swiss electricity industry stresses the advantages of the country’s central location in Europe and its topography. On the European energy map, Swiss mountain lakes could function as a huge battery for unsteadily generated renewable energy, and generate high revenues.

Natural and artificial mountain lakes are an essential component of Switzerland’s energy supply. Water power makes up 57 percent of the country’s electricity production. Some of these lakes aren’t just natural water reservoirs though, but serve as basins for pumped-storage hydro power plants (PSPs).  The system is simple and has long been a good business. Throughout the day, cheap, spare electricity is bought on the market and then used to pump water from a lower reservoir to a basin further up the mountain. At times when demand for electricity is high, stored water is released and drives turbines that produce electricity, which can then be sold on the market for a higher price.  Currently, 11 such plants are running in Switzerland with a combined 1400 megawatt capacity. Three other projects are under construction, to increase Swiss pumped-storage capacity to 3500 megawatts by 2017. Two more PSPs are being planned: ‘Grimsel 3′ at the Grimsel Pass in the Bernese Alps and ‘Lago Bianco’ at the Bernina Pass in Grisons.

“The symbiosis between nature and technology has defined the character of this landscape,” writes the Grimsel region’s tourism agency. Ernst Baumberger, press officer at the regional energy company KWO looks at Grimsel through two lenses: while praising the region’s beauty, Baumberger points out that a plenty of precipitation, glaciation, rock as building ground and the immense altitude difference make it ideal for water power use. KWO put its first power plant at Grimsel in operation 80 years ago.  The company recently was licenced to implement its 1.2 billion Swiss francs project ‘KWOplus’, including the construction of a second PSP (‘Grimsel 3′). The plant will have a 660 megawatt capacity, which is about the power of an average Swiss nuclear plant. The plan is controversial, both politically and economically.

“Switzerland doesn’t need any additional PSPs. There’s neither a lack of batteries, nor a grid stability problem,” argues Jürg Buri, managing director of the Swiss Energy Foundation (SES). He says that no country operates as many flexible power stations as Switzerland….Environmental organisations say that mainly cheap electricity from coal and nuclear plants is used for the pumping and that during the process, about a quarter of the energy is lost. Even worse, at windy times, PSPs keep coal and nuclear plants running.  There’s nothing green about pumped-storage hydroelectricity anyway. “If today’s PSPs were supplied with clean energy, that business would be unprofitable,” Buri says. “The revenues of the peak current wouldn’t make up for the purchase price and the energy lost for pumping.”

According to the licence, KWO is obliged to run Grimsel 3 with as much renewable energy as “economically and technically possible.” No fixed share was defined however. KWO’s Baumberger stresses that in the long term, the company’s PSPs should run solely with green electricity. “However, the primary criteria will remain the profitability,” he adds.  While the energy company praises Grimsel 3 as an important contribution to the security of energy supply for the country, Jürg Buri claims that the pumped-storage business further strains transmission lines. “In fact, to run Grimsel 3, even more lines would have to be built, something which people often forget about….

The Swiss Association for Water Management (SWV) views investments in PSPs as risky and their profitability as volatile. At the Bernische Kraftwerke (BKW), which holds half of KWO’s shares and manages electricity trade, the media officer declines to comment on the prospects of pumped-storage hydroelectricity…

In contrast to environmental organisations, KWO’s Baumberger remains optimistic. He stresses that in the light of booming wind and solar energy in Europe, the demand for further storage capacities will grow. “What Switzerland so far offers in terms of energy storage is nothing but a drop in the ocean.”  While opinions on the future of Swiss pumped-storage hydroelectricity differ sharply, one thing seems sure: the industry’s prospects lie in the hands of European, not Swiss politicians and businessmen.

Excerpts from Ray Smith, Swiss Battery May Lose Power, IPS, Dec. 8, 2012

Coerced Transparency: Leaked Climate Change Report

The fifth assessment report (AR5) by the Intergovernmental Panel on Climate Change, which is not due to be published in full until September 2013, was uploaded onto a website called Stop Green Suicide on Thursday and has since been mirrored elsewhere on the internet.  The IPCC, which confirmed the draft is genuine, said in a statement: “The IPCC regrets this unauthorized posting which interferes with the process of assessment and review. We will continue not to comment on the contents of draft reports, as they are works in progress.”

A little-known US-based climate sceptic called Alex Rawls, who had been accepted by the IPCC to be one of the report’s 800 expert reviewers, admitted to leaking the document. In a statement posted online, he sought to justify the leak: “The addition of one single sentence [discussing the influence of cosmic rays on the earth’s climate] demands the release of the whole. That sentence is an astounding bit of honesty, a killing admission that completely undercuts the main premise and the main conclusion of the full report, revealing the fundamental dishonesty of the whole.”  Climate sceptics have heralded the sentence – which they interpret as meaning that cosmic rays could have a greater warming influence on the planet than mankind’s emissions – as “game-changing”.

The isolation by climate sceptics of one sentence in the 14-chapter draft report was described as “completely ridiculous” by one of the report’s lead authors. Prof Steve Sherwood, a director of the Climate Change Research Centre at the University of New South Wales, told ABC Radio in Australia: “You could go and read those paragraphs yourself and the summary of it and see that we conclude exactly the opposite, that this cosmic ray effect that the paragraph is discussing appears to be negligible … It’s a pretty severe case of [cherry-picking], because even the sentence doesn’t say what [climate sceptics] say and certainly if you look at the context, we’re really saying the opposite.”  The leaked draft “summary for policymakers” contains a statement that appears to contradict the climate sceptics’ interpretation.  It says: “There is consistent evidence from observations of a net energy uptake of the earth system due to an imbalance in the energy budget. It is virtually certain that this is caused by human activities, primarily by the increase in CO2 concentrations. There is very high confidence that natural forcing contributes only a small fraction to this imbalance.”  By “virtually certain”, the scientists say they mean they are now 99% sure that man’s emissions are responsible. By comparison, in the IPCC’s last report, published in 2007, the scientists said they had a “very high confidence” – 90% sure – humans were principally responsible for causing the planet to warm.

Richard Betts, a climate scientist at the Met Office Hadley Centre and an AR5 lead author, tweeted that the report is still a draft and could well change: “Worth pointing out that the wording in the leaked IPCC WG1 [working group 1, which examines the “physical science basis” of climate change] draft chapters may still change in the final versions, following review comments.”  Bob Ward, policy and communications director at the Grantham Research Institute on Climate Change and the Environment at London School of Economics and Political Science, said that Rawls appeared to have broken the confidentiality agreement signed by reviewers: “As a registered reviewer of the IPCC report, I condemn the decision by a climate change sceptic to violate the confidentiality of the review process. The review of the IPCC report is being carried out in line with the principles of peer review which operate throughout academic science, including an expectation of high standards of ethical behaviour by reviewers. It is disappointing, if not surprising, that climate change sceptics have been unable to meet these high standards of ethical behaviour.”

The IPCC, which publishes a detailed synthesis of the latest climate science every seven years to help guide policy makers, has experienced leaks before. In 2000, the third assessment report was leaked to the New York Times, while the fourth assessment report was published in 2006 by the US government a year ahead of its official publication.

Prof Bill McGuire, Professor of Geophysical & Climate Hazards at University College London and contributing author on the recent IPCC report on climate change and extreme events, said that sceptics’ reading of the draft was incorrect: “Alex Rawls’ interpretation of what IPCC5 says is quite simply wrong. In fact, while temperatures have been ramping up in recent decades, solar activity has been pretty subdued, so any interaction with cosmic rays is clearly having minimal – if any – effects. IPCC AR5 reiterates what we can be absolutely certain of: that contemporary climate change is not a natural process, but the consequence of human activities.”

Prof Piers Forster, Professor of Climate Change at the University of Leeds, said: “Although this may seem like a ‘leak’, the draft IPCC reports are not kept secret and the review process is open. The rationale in not disseminating the findings until the final version is complete, is to try and iron out all the errors and inconsistencies which might be inadvertently included. Personally, I would be happy if the whole IPCC process were even more open and public, and I think we as scientists need to explore how we can best match the development of measured critical arguments with those of the Twitter generation.”

Landmark climate change report leaked online, Guardian, Dec. 14,2012

CIA Torture Program: the case of El-Masri

Nearly a decade after a German man claimed he was snatched off the street, held in secret and tortured as part of the CIA’s extraordinary rendition program — all due to a case of mistaken identity — a panel of international judges said today what Khaled El-Masri has been waiting to hear since 2004: We believe you.  The European Court of Human Rights (ECHR) handed down a unanimous verdict siding with El-Masri (pdf of verdict) in his case against the government of Macedonia, which he claimed first played an integral role in his illegal detention and then ignored his pleas to investigate the traumatic ordeal. For his troubles, the ECHR ordered the government of Macedonia to pay El-Masri 60,000 Euros in damages, about $80,000.

“There’s no question 60,000 Euros does not begin to provide compensation for the harm he has suffered,” James Goldston, executive director of the Open Society Justice Initiative, which is representing El-Masri, told ABC News today. “That said… for Mr. El-Masri, the most important thing that he was hoping for was to have the European court officially acknowledge what he did and say that what he’s been claiming is in fact true and it was in fact a breach of the law… It’s an extraordinary ruling.”

El-Masri’s dramatic story, as detailed in various court and government documents, began in late 2003 when he was snatched off a bus at a border crossing in Macedonia. Plainclothes Macedonian police officers brought him to a hotel in the capital city of Skopje and held him there under guard for 23 days. In the hotel he was interrogated repeatedly and told to admit he was a member of al Qaeda, according to an account provided by the Open Society Justice Initiative.

The German was then blindfolded and taken to an airport where he said he was met by men he believed to be a secret CIA rendition team. In its ruling today, the EHRC recounted how the CIA men allegedly beat and sodomized El-Masri in an airport facility, treatment that the court said “amounted to torture.” The CIA declined to comment for this report.  El-Masri was then put on a plane and claims that the next thing he knew, he was in Afghanistan, where he would stay for four months under what his lawyers called “inhuman and degrading” conditions.  According to the Initiative, it wasn’t until May 28, 2004 that El-Masri was suddenly removed from his cell, put on another plane and flown to a military base in Albania. “On arrival he was driven in a car for several hours and then let out and told not to look back,” the group says on its website. Albanian authorities soon picked El-Masri up and took him to an airport where he flew back to Frankfurt, Germany.  According to El-Masri’s lawyers, the CIA had finally realized they accidentally picked up the wrong man.

In their decision today, the ECHR said El-Masri’s account was established “beyond reasonable doubt,” in part based on the findings of previous investigations into flight logs and forensic evidence.  Before the EHRC, El-Masri and his supporters had tried to bring his case to trial in several courts, including in the U.S. in 2005. There, the American Civil Liberties Union filed a suit on behalf of El-Masri against George Tenet, then director of the CIA, but the case was dismissed in 2006 after the U.S. government claimed hearing it would jeopardize “state secrets.” The U.S. Supreme Court declined to review the case in 2007.The same year, a German prosecutor issued an arrest warrant for 13 CIA agents for their alleged role, according to the New York Times, but the agents were never arrested.

In addition to the money Macedonia has been ordered to pay El-Masri, the Open Society Justice Initiative is calling on Macedonia, the U.S. and Germany to offer official apologies to El-Masri and for Germany to ask the U.S. to hand over the officers allegedly involved in the kidnapping so they may see trial.  Goldston said he hoped the ECHR’s ruling could open the door to further investigations into the CIA’s controversial rendition program and “all these kinds of cases where allegations of abuse arise from counter-terrorism practices.”

LEE FERRAN. Court: CIA Tortured German During Botched Rendition, ABC News, Dec. 13, 2012

Afghanistan: 2012 Report of US Department of Defense

From the Executive summary of 2012 Report

During the period of April 1 to September 30, 2012, the Coalition and our Afghan partners blunted the insurgent summer offensive, continued to transition the Afghan National Security Forces (ANSF) into security lead, pushed violence out of most populated areas, and coalition member nations signed several international agreements to support the long-term stability and security of Afghanistan…

Despite these and other positive trends during the reporting period, the campaign continued to face challenges, including a rise in insider attacks. The rise in insider attacks has the potential to adversely affect the Coalition’s political landscape, but mitigation policies and a collective ISAF-ANSF approach are helping to reduce risks to coalition personnel, and to sustain confidence in the campaign. The cause of and eventual solution to this joint ISAF and ANSF problem will require continuous assessment; it remains clear that the insider threat is both an enemy tactic and has a cultural component. The many mitigation policies recently put in place will require additional time to assess their effects, although the number of insider attacks has dropped off sharply from the peak in August.

The insurgency’s safe havens in Pakistan, the limited institutional capacity of the Afghan  government, and endemic corruption remain the greatest risks to long-term stability and sustainable security in Afghanistan. The Taliban-led insurgency and its al-Qaida affiliates still operate from sanctuaries in Pakistan, however, the insurgency and al-Qaida continue to face U.S. counterterrorism pressure within the safe havens. U.S. relations with Pakistan have begun to improve following the re-opening of Pakistani Ground Lines of Communication (GLOCs), and  there has been nascent improvement with respect to cross-border cooperation between Pakistan and Afghanistan.

Although the insurgency’s kinetic capabilities have declined from their peak in 2010, the insurgents remain resilient and determined, and will likely attempt to regain lost ground and  influence through continued assassinations, intimidation, high-profile attacks, and the  emplacement of improvised explosive devices (IEDs). Widespread corruption continues to limit  the effectiveness and legitimacy of the Afghan government. Despite these challenges, the  Coalition continued to make measured progress toward achieving its strategic goals during the  reporting period.

Excerpt from Report on Progress Toward Security and Stability in Afghanistan, (DOD,  Dec. 2012)

The Third X-37B Space Drone

An experimental robotic space plane developed for the Air Force is slated to be launched Tuesday (Dec. 11, 2012) from Cape Canaveral, Fla., fueling an ongoing mystery about its hush-hush payload and overall mission.  Air Force officials offered few details about the mission. They said the unmanned space plane, which resembles a miniature space shuttle, simply provides a way to test technologies in space, such as satellite sensors and other components.

This is the third time that the Air Force will send an X-37B Orbital Test Vehicle into orbit.   The first X-37B was launched in April 2010 and landed 224 days later on a 15,000-foot airstrip at Vandenberg Air Force Base, northwest of Santa Barbara. The second X-37B spent 469 days in space.  The only information the government released was when the space plane was launched and when it returned.

Because of its clandestine nature, some industry analysts say it could be a precursor to an orbiting weapon, capable of dropping bombs or disabling foreign satellites as it circles the globe.  But the Pentagon has repeatedly said the X-37B is simply a “test bed” for other technologies.

The X-37B is about 29 feet long, about the size of a small school bus, with stubby wings that are about 15 feet from tip to tip. It is one-fifth the size of the space shuttle and is powered by unfolding solar panels. It is designed to stay in orbit for 270 days.  The spacecraft was built in tight secrecy by Boeing Co.’s Space and Intelligence Systems unit in Huntington Beach. Engineering work was done at the company’s facilities in Huntington Beach and Seal Beach. Other components were supplied by its satellite-making plant in El Segundo.

Weather permitting, the plane is set to be launched Tuesday atop a 19-story Atlas V rocket, which will lift the spacecraft into orbit inside the nosecone. Once in orbit, the X-37B will emerge for its estimated nine-month journey.

By W.J. Hennigan, Another secretive space drone is set for launch, LA Times, Dec. 11, 2012

Turning Turkey into an Illegal Nuclear Dump: the evidence

Amid growing public concern about the discovery of radioactive waste buried at an abandoned factory in Izmir (Turkey), experts have pointed out to the possibility that there could be other sites with nuclear waste imported illegally into Turkey from foreign companies that operate nuclear plants.Public concerns about radioactive and other toxic waste began after a news report appeared in the Radikal daily last week about the discovery of highly radioactive waste buried at a defunct factory on Akçay Street, the main thoroughfare running through Izmir’s Gaziemir district. The Turkish Atomic Energy Agency (TAEK), which was assigned to test the plant on Tuesday, stated that the radioactive level at the site did not constitute a dangerous situation, but they didn’t address concerns about a radioactive material that might have been brought into Turkey illegally.   The factory, situated on more than 70 acres, used old batteries and scrap lead to produce cast lead until just a few years ago.

In relation to the inspection, a former senior manager of the Izmir factory, speaking on condition of anonymity to Radikal on Thursday, confirmed the fact that the toxic waste of the factory was buried on the site in an effort to save money by not sending the waste for proper disposal. However, he didn’t comment on the possibility of nuclear materials being brought in illegally.  It was also reported that locals, particularly children playing in the vicinity, had access to the plant as the wire fencing around the factory had corroded over time.

Radikal reported that TAEK had examined the site of the factory in 2007. A radioactive substance called europium, an illegally imported element used in nuclear reactor control rods, found on the site is thought to be the source of the radioactivity, a report from TAEK showed.  A nuclear engineer at Okan University, Tolga Yarman said the radioactive element could have entered the country along with other nuclear waste, as it was illegal to keep this substance in Turkey. In fact, other sites where nuclear waste was buried have been discovered. A similar case was reported in 1987 by Professor Ahmet Yüksel Özemre, a former general director of TAEK and Turkey’s first nuclear engineer….”The ministry should have ideal staffing levels to work more closely on the detection of nuclear waste cases by complying with European Union standards, and a control mechanism should be part of this improvement,” said Ministry of Environment and Urban Planning Deputy Undersecretary Mustafa Öztürk.  Professor Öztürk warned about tons of toxic waste which is illegally buried at many other plants in different provinces around Turkey.  “Toxic waste can only be kept on site at a plant for six months provided that plant authorities take the necessary environmental precautions, and the waste should be moved to disposal centers at the end of the period stated by law. However, plants keep running while their waste is buried in the soil without taking any precautions. This is the case for many provinces, including Istanbul, Samsun, Hatay, Kayseri and Mersin,” answered Öztürk to a question about the legal regulations regarding the conservation and disposal of toxic waste.

A similar case was reported in 1987 by Professor Özemre, who received an anonymous tip that 1,150 tons of radioactive waste, which were imported from Germany, had been buried on the site of the Göltas cement factory in Isparta, a province in southwest Turkey. Özemre had also asserted, in a written document and on several television news programs, that a flour factory in Konya had burned 800 tons of toxic waste on its site in order to generate energy.  He further noted that he would not have given credit to this anonymous tip about the nuclear waste cases in Isparta and Konya if he himself had not received a similar proposal from a German firm who offered him 40 million Deutsche Mark in return for burying 4,000 tons of radioactive waste while he served as the director of TAEK. Özemre asserted that when he did not accept the German firm’s proposal, stating that he “would not let Turkey turn into a nuclear landfill,” the firm told him that the toxic waste would be buried in Turkey one way or another.

A research commission was assigned by the Turkish Parliament to check into the claim that illegal nuclear waste was buried around Isparta and had been burned in Konya. The conclusion of the commission, published in the form of general meeting minutes in 1997, showed that the factory sites did not include radioactive elements.

Excerpt, Izmir Factory Scandal Causes Concern Over Nuclear Waste Elsewhere, http://www.haberler.com, Dec. 9, 2012

The Arctic Challenger: ready for Arctic oil spills

Shell Oil has been building and testing equipment designed for the Arctic Ocean in Puget Sound, Seattle, United States.  In September, a key test of underwater oil-spill equipment was a spectacular failure.  It forced the energy giant to postpone drilling into oil-bearing rocks beneath the Arctic Ocean until next summer. Shell and its federal regulators have been tight-lipped about the failed test.  But a freedom-of-information request reveals what happened beneath the surface of Puget Sound.

Before Shell can drill for oil in the Arctic Ocean, it needs to prove to federal officials that it can clean up a massive oil spill there. That proof hinges on a barge being built in Bellingham called the Arctic Challenger.  The barge is only one component of Shell’s plans for handling oil spills off the remote north coast of Alaska. But the Obama Administration won’t let oil drilling get under way until the 36-year-old barge and its brand new oil-spill equipment are in place,  On board the Arctic Challenger is a massive steel “containment dome.” It’s a sort of giant underwater vacuum cleaner. If efforts to cap a blown-out well don’t work, the dome can capture spewing oil and funnel it to a tanker on the surface.

The Arctic Challenger passed several US Coast Guard tests for seaworthiness in September. But it was a different story when its oil-spill containment system was put to the test in 150-foot-deep water near Anacortes, Washington.  The federal Bureau of Safety and Environmental Enforcement required the test of the oil-spill system.

According to BSEE internal emails obtained by KUOW, the containment dome test was supposed to take about a day. That estimate proved to be wildly optimistic.

•Day 1: The Arctic Challenger’s massive steel dome comes unhooked from some of the winches used to maneuver it underwater. The crew has to recover it and repair it.

•Day 2: A remote-controlled submarine gets tangled in some anchor lines. It takes divers about 24 hours to rescue the submarine.

•Day 5: The test has its worst accident. On that dead-calm Friday night, Mark Fesmire, the head of BSEE’s Alaska office, is on board the Challenger. He’s watching the underwater video feed from the remote-control submarine when, a little after midnight, the video screen suddenly fills with bubbles. The 20-foot-tall containment dome then shoots to the surface. The massive white dome “breached like a whale,” Fesmire e-mails a colleague at BSEE headquarters.

Then the dome sinks more than 120 feet. A safety buoy, basically a giant balloon, catches it before it hits bottom. About 12 hours later, the crew of the Challenger manages to get the dome back to the surface. “As bad as I thought,” Fesmire writes his BSEE colleague. “Basically the top half is crushed like a beer can.”

Representatives of Shell Oil and of BSEE declined to answer questions or allow interviews about the mishaps. In an email, Shell spokeswoman Kelly op de Weegh writes:  Our internal investigation determined the Arctic Challenger’s dome was damaged when it descended too quickly due to a faulty electrical connection, which improperly opened a valve. While safety systems ensured it did not hit the bottom, buoyancy chambers were damaged from the sudden pressure change.

Environmental groups say the Arctic Challenger’s multiple problems show that Shell isn’t prepared for an Arctic oil spill.

Excerpt, By John Ryan, Sea Trial Leaves Shell’s Arctic Oil-Spill Gear “Crushed Like A Beer Can”, Kuow.org. Nov. 30, 2012

Who is the Master of Mastercard? credit card blockades

A blockade on WikiLeaks payments processor DataCell by Visa, MasterCard and American Express is unlikely to violate EU competition rules.  MasterCard, Visa and American Express, among others, stopped processing payments for WikiLeaks when it started releasing about 250,000 secret US diplomatic cables in 2010. This made it hard to raise funds, and WikiLeaks has said the blockade resulted in a 95 percent donations reduction, which cost the organisation more than US$50 million.

DataCell, the company that processed WikiLeaks donations until the blockade started, last year filed a complaint with the European Commission, suggesting the blockade is a violation of European competition rules.  The Commission, however, does not think that is the case. “On the basis of the information available, the Commission considers that the complaint does not merit further investigation because it is unlikely that any infringement of EU competition rules could be established,” an official of the European Commission said in an email on Tuesday.

he Commission said it looked at the impact of the blockade on DataCell and at the impact on the markets in which it operates. “It appears that DataCell is not prevented from accepting card payments for its own services or for the benefit of other parties; it is only payments for the benefit of WikiLeaks that DataCell cannot process. It seems unlikely that this would lead to harmful effects to competition and to consumers on the payment services markets concerned,” the official said.  It is unclear when the Commission will issue a final decision. “We never announce that in advance,” the official said.

WikiLeaks’ founder, Julian Assange, was displeased with the news. “These companies should not have the power to impose an economic death penalty,” he said during a news conference that was available via a live video link in Brussels. Assange is in self-imposed political asylum in the Ecuadorian embassy in London to avoid being extradited to Sweden, where he is wanted for questioning related to accusations of committing sexual offenses…

While the European Commission is unlikely to decide the payment blockade against WikiLeaks violates competition laws, the European Parliament last week called for legislation to regulate credit card companies’ ability to refuse service to organizations such as WikiLeaks. The Parliament voted in favor of a text that “considers it to be in the public interest to define objective rules describing the circumstances and procedures under which card payment schemes may unilaterally refuse acceptance.” [see European Parliament resolution of 20 November 2012 on ‘Towards an integrated European market for card, internet and mobile payments’ (2012/2040(INI))

“Visa can set the rules of the market”  The Commission will be asked to consider the text for laws limiting the rights of credit card companies to refuse service.  “The Commission’s assessment to not even investigate is in total opposite direction of the political will,” said Andreas Fink, CEO of DataCell, in an email. Fink read the preliminary report send to him by the Commission.

“It basically sounds like they were hunting for an excuse to not have to investigate it,” he said. The Commission essentially reasoned that one less small player in the market doesn’t change the market mechanics, while the intention of competition rules is to avoid powerful, monopoly-like players like Visa dictating to the market, Fink said…. adding that when Visa ordered service providers to stop DataCell payments to WikiLeaks in Iceland, MasterCard and American Express transactions were automatically canceled as well.  “So Visa can set the rules of the market,” dictating to other credit card companies, Fink said. “This is competition control at its finest,” he said, calling the situation “absurd.”

Credit card blockade of WikiLeaks donations likely to be legal, EU says, Computerworld, UK, Nov. 28, 2012

Surveillance State: how China helps Africa

A Chinese surveillance firm Nanjing Les Information Technology has won a $5 million contract to install an integrated urban surveillance system (IUSS) project in the Kenyan city of Nairobi.  The project is planned to be completed by February 2013, a senior Kenyan official disclosed on Tuesday, according to a Baku-APA report.  Nairobi Metropolitan Minister Jamleck Kamau said the security surveillance equipment is planned to help monitor traffic and thwart potential terrorist attacks in the city.  “The system will enable live streaming of video from different areas of the city as well as record and store video for later viewing,” Kamau reportedly told journalists in Nairobi. “The system is of an open architecture which means it will enable scaling up later and connection of existing and/or any other private entities.”

The minister said the system could even capture speeding vehicles’ number plate details in the Nairobi Central Business District (CBD).  Phase one of the project is expected to be installed at 51 traffic lights and crime spots within the CBD.  Kamau said Nanjing Les Information Technologies won the tender among 27 firms which had applied and returned the forms on the grounds of technical capacity and better pricing ($5 million).

In May this year it was announced that Kenya would soon begin installing close-circuit television cameras across the country, starting with the capital Nairobi, after receiving a $100 million grant from China.  “We are going to start the installation almost immediately,” Prime Minister Raila Odinga told Kenya’s parliament at the time. “And this is going to spread to other cities, Mombasa is next, then Kisumu and other cities.”  He said that Kenya had received a US$100 million grant from China for the project, and that the goal is to stop terrorism and improve security.

Nairobi blames Somali-based al Shabaab militants for cross-border raids and kidnappings that have threatened the country’s multi-million dollar tourism industry. Since Kenya sent troops into Somalia last year, militants have threatened reprisals if Kenyan troops do not withdraw.  “The country is at the moment facing a lot of security challenges arising from the operation in Somalia,” Odinga said. “With Al Shabaab’s capability to wage conventional warfare completely degraded, the militia has resorted to guerrilla tactics. This includes the use of grenades, improvised explosive devices and sporadic shootings to attack business premises, security forces and members of the public.”

Chinese firm receives $5 million Nairobi surveillance contract, DefenceWeb, Nov. 30,2012

How the UN failed Sri Lanka Civilians

Between August 2008 and May 2009, as the war between the Government of Sri Lanka and the Liberation Tigers of Tamil Eelam (LTTE) entered its final stages, an estimated 360,000 or more civilians were crowded into an ever smaller part of ‘the Wanni’ area of Northern Sri Lanka where many died as a result of sustained artillery shelling, illness and starvation. Almost 280,000 survivors were forcibly interned in military-run camps outside the area of conflict. The UN responded mainly through its humanitarian assistance and development frameworks; its political and human rights roles were limited. Despite the gravity of events, UN Member States did not formally consider the situation until the war ended. During the final stages, and the aftermath from May 2009 onward, the UN provided assistance to IDPs in internment camps, even as IDP rights and UN principles of intervention were not respected. Most IDPs were eventually allowed to return home. (Annex III provides a detailed account of events and UN actions)

In April 2011, the Secretary-General’s Panel of Experts (POE) on accountability in Sri Lanka issued a report recommending a review of the UN’s own actions. In a letter to the Secretary-General, the POE described UN action as a low point for the organization as a whole, and said that some UN agencies and individuals had failed in their mandates and did not uphold the UN’s founding principles. Pursuant to the POE’s recommendation, the Secretary-General established an “Internal Review Panel on UN action in Sri Lanka” (the Panel), led by Charles Petrie, tasked with providing an assessment of UN action during the final stages of the conflict and its aftermath, identifying institutional and structural strengths and weaknesses, and making recommendations to ensure a more effective UN response in similar situations. The Panel began work in late April 2012 and submitted the present report at the end of September.

For the UN, the last phase of the conflict in Sri Lanka presented a major challenge. The UN struggled to exert influence on the Government which, with the effective acquiescence of a post-9/11 world order, was determined to defeat militarily an organization designated as terrorist. Some have argued that many deaths could have been averted had the Security Council and the Secretariat, backed by the UN country team (UNCT), spoken out loudly early on, notably by publicizing the casualty numbers. Others say that the question is less whether the UN should assume responsibility for the tragedy, but more whether it did everything it could to assist the victims.

The Panel’s conclusion is that events in Sri Lanka mark a grave failure of the UN to adequately respond to early warning and the evolving events during the final stages of the conflict and its aftermath, to the detriment of hundreds of thousands of civilians and in contradiction with the principles and responsibilities adopted by Member States and the Secretariat, agencies and programs.

Decision-making across the UN was dominated by a culture of trade-offs – from the ground to UN headquarters (UNHQ). Options for action were seen less as responsibilities and more in terms of dilemmas. Choosing not to speak up about Government and LTTE broken commitments and violations of international law was seen as the only way to increase UN humanitarian access. Choosing to focus Security Council briefings on the humanitarian situation rather than the causes of the crisis and the obligations of the parties to the conflict was seen as essential to facilitate Secretariat engagement with Member States. There was a sustained and institutionalized reluctance among UNCT actors to stand up for the rights of the people they were mandated to assist. In Colombo, many senior UN staff simply did not perceive the prevention of killing of civilians as their responsibility; and agency and department heads at UNHQ were not instructing their staff in Sri Lanka otherwise.

The UN’s failure to adequately counter the Government’s under-estimation of population numbers in the Wanni, the failure to adequately confront the Government on its obstructions to humanitarian assistance, the unwillingness of the UN in UNHQ and Colombo to address Government responsibility for attacks that were killing civilians, and the tone and content of UN communications with the Government and Member States on these issues, contributed to the unfolding of dramatic events.

UNHQ engagement with Member States regarding Sri Lanka was ineffective and heavily influenced by what UNHQ perceived Member States wanted to hear, rather than by what States needed to know if they were to respond. Reflection on Sri Lanka by UNHQ and States at the UN was conducted on the basis of a mosaic of considerations among which the grave situation of civilians in Sri Lanka competed with extraneous factors such as inconclusive discussions on the concept of the ‘responsibility to protect’ and Security Council ambivalence on its role in such situations. In the absence of clear Security Council support, the UN’s actions lacked adequate purpose and direction amid the many competing factors.

Most crucially, the UN did not use all the political and advocacy tools at its disposal. In particular, it did not keep Member States or the public fully informed. Nor did it warn the Sri Lankan Government or the LTTE of the consequences of their actions, including their responsibility for possible war crimes and crimes against humanity.

Systemic failure in Sri Lanka can be distilled into the following:

(i) a UN system that lacked an adequate and shared sense of responsibility for human rights violations;

(ii)  an incoherent internal UN crisis-management structure which failed to conceive and execute a coherent strategy in response to early warnings and subsequent human rights and international humanitarian law (IHL) violations against civilians, and which did not exercise sufficient oversight for UN action in the field;

(iii)  senior staff on the ground who lacked the necessary armed conflict, political and IHL experience to deal with the challenge presented by Sri Lanka, and who were given insufficient support;

(iv) the ineffective dispersal of coordination of UN action and monitoring of human rights and IHL violations across several different UNHQ entities in Geneva and New York with overlapping mandates;

(v) inadequate political support from Member States and inadequate efforts by the Secretariat to build such support;

and (vi) a framework for Member State engagement with human rights and IHL protection crises that is outdated and often unworkable.

Overview of Recommendations

The Panel’s Terms of Reference imply that it should gather lessons from an historical event that has passed. However, the magnitude of the violence in the Wanni, following decades of strife and injustice, continue to be felt by Sri Lanka’s communities. Sri Lanka’s peaceful and stable progress will require a process of accountability and reconciliation and a political solution to the long-standing grievances of all communities, as well as a response to ongoing and new concerns, and prevention and protection in the future. Working closely with the Government of Sri Lanka, the UN needs to take on this further challenge.

This report’s recommendations for the UN system are designed to be politically feasible and resource neutral, while encouraging profound changes in the institution’s approach to similar situations in the future. The broad lines of the recommendations include the need to:

Restate the vision of the UN: The Secretary-General should restate a vision of the UN’s most fundamental responsibilities to include the defence of human rights. The vision should help frame strategy and policy responses by senior levels of the organization to situations of massive human rights violations.

Embed a UN human rights perspective into UN strategies: The UNHQ needs stronger capacity to include human rights, IHL and international criminal law perspectives in overall analysis and strategy for any situation. It should also have stronger capacity to build political support from Member States for addressing grave concerns.

Strengthen the management of the UN’s crisis response: To ensure coherent UNHQ oversight for UN strategy and action, the Secretary-General should strengthen management of the whole-of-UN response to situations of massive human rights violations.

Promote accountability and responsibility: All staff should be fully informed of, and have easy access to, procedures under which allegations of serious misconduct by staff can be reported and promptly investigated.

Improve UN engagement with Member States and building of political support: For every such crisis, the Secretary-General must have an array of options that will permit him to fully inform Member States and suggest appropriate actions.

Better address violations of privileges and immunities: When a Member State engages in sustained actions against UN personnel and institutions, including violations of UN privileges and immunities, the Secretary-General should review options for response by the Secretariat and invite Member States to consider what action they could also take.

Coming at the beginning of his second term, the Secretary-General’s decision to commission an internal review is an extremely courageous step. The Panel believes that the report’s findings and recommendations provide an urgent and compelling platform for action. The UN’s failure to adequately respond to the events in Sri Lanka should not happen again. When confronted by similar situations, the UN should be able to meet a much higher standard in fulfilling its protection and humanitarian responsibilities. In support of this effort, the Panel strongly urges that its report be made public.

This executive summary was obtained fromhttp://www.innercitypress.com/

Final redacted version of UN report

BBC initial report (unfortunately does not contain the leaked version as a pdf)

Oil Sands of Canada

Canada’s oil sands contain some 170 billion barrels of oil that can be recovered economically with today’s technology (and perhaps ten times that in total). Canada thus has the world’s third-largest proven oil reserves, after Saudi Arabia and Venezuela. And since most oil-rich nations’ reserves are under state control, Canada has the largest reserves that private companies are free to invest in—more than half of the global total, reckons Ken Hughes, Alberta’s energy minister.

Other countries welcome the idea of plentiful energy from a stable democracy. It could reduce the rich world’s dependence on the Middle East. There are “no bribes or body bags”, grins an oil-industry booster. And the potential is immense. A new study by the Alberta Geological Survey estimates that the province has huge resources in its shale beds as well as its oil sands: 3,400 trillion cubic feet of natural gas and 420 billion barrels of oil—numbers comparable to America’s.  However, Canada’s output of 3.5m barrels of oil a day is less than half that of America. (America’s output is set to exceed Saudi Arabia’s; see article.) Several problems hobble Canadian energy: geology, capital, people and pipes.

First, geology. Canadian oil is hard to extract. It mostly comes in the form of bitumen, which is “hard as a hockey puck” at 10°C, as the Canadian Association of Petroleum Producers (CAPP), an industry body, puts it. If it is far below ground, it must be blasted with steam to make it flow, and then pumped out. This process (known as “steam-assisted gravity drainage”) was developed in Alberta. In the past decade, with high oil prices, it has made the oil sands economical to exploit. But precariously so: the best projects break even when oil is $30 a barrel, but many new ones need it to be $80 or more. (West Texas Intermediate is currently $85.)

Canada gets less than it should for its oil because it lacks enough pipelines. Environmentalists oppose them, arguing that pipes leak (which is always possible) and that Canada’s heavy oil causes more greenhouse-gas emissions than other oil (which is true, but not by much). President Barack Obama has delayed the approval of a pipeline called Keystone XL, which would move Canadian oil to America’s Gulf coast. A decision is expected soon.

Alex Pourbaix of TransCanada, the firm behind the Keystone pipeline, insists that the project will be good for both countries. Canada forgoes a fortune—perhaps $20 a barrel—because it cannot get its oil to the sea. Canadian gas sells at a discount, too: North American prices are far lower than those in Asia.  Another proposed pipeline, Northern Gateway, would carry oil to Canada’s west coast, whence it could be shipped to Asia. Canada would benefit from having a choice of customers. But the government of British Columbia, and various aboriginal groups, have yet to say yes.

To exploit its hydrocarbons, Canada needs capital: some $50 billion-60 billion a year, on recent trends. Such sums are “far more than Canadian capital markets can raise,” says Dave Collyer of the CAPP. Canada gets plenty of foreign investment: Syncrude, one of the biggest oil-sands developers, is a joint venture that includes American, Chinese and Japanese partners. But lately the country has grown frostier towards foreign capital.

In October Canada’s federal government temporarily blocked a $5.2 billion bid by Petronas, Malaysia’s state energy giant, for Progress Energy Resources, a Canadian natural-gas company. It has yet to approve a $15 billion offer by CNOOC, a Chinese state-owned firm, for Nexen, a Canadian oil-and-gas firm. A deadline passed last week; a decision may come next month. Mr Hughes says he is keen on foreign investment so long as foreign firms abide by the same rules as Canadians; but it is not up to the provincial government.

The other big bottleneck is human capital. Hardly anyone lives near the oil sands, so labour must be imported, from other parts of Canada and from abroad. People from 127 countries live in Fort McMurray, says Ken Chapman of the Oil Sands Developers’ Group. They speak 69 languages. The Walmart in town looks like the United Nations, except that all the shivering Africans are buying woolly hats. Mr Hughes expects to see a skills shortfall of 100,000 people in Alberta by 2017. Canada’s immigration rules are more liberal than America’s, but firms still gripe about delays. An Irish worker in Fort McMurray complains of having to fly to Calgary to sit a test of English proficiency. It’s her native language, and the test is online.

Companies poach staff from each other, bidding up labour costs. It would be easier to attract workers to Fort McMurray if the town were more liveable; a one-bedroom flat can cost $2,000 a month. To build more homes, however, the town must wrestle with provincial red tape—and also attract legions of builders, plumbers and electricians, all at inflated wages.

Working conditions in the oil sands are tough. Touch a metal pipe with your bare hand at minus 40 and it sticks. “It’s not for everybody,” shrugs an oil-firm boss. At remote work camps, companies provide hot food, warm cabins, broadband and squash courts. All this is costly. Many firms make equipment elsewhere and truck it in, so that fewer people have to toil in the cold. Some are hoping dramatically to raise the proportion of man-hours worked off-site.

With so many bottlenecks and a volatile oil price, firms are growing cautious. Suncor Energy and Canadian Natural Resources, among others, are putting new investments on hold. “It’s the uncertainty,” says Marcel Coutu, the boss of Canadian Oil Sands, a firm that owns 37% of Syncrude. “No one knows when or whether those pipelines will be built.”

Canadian energy: The sands of grime, Economist, Nov. 17, 2012, at 62

Wall Street Manipulation of Energy Markets

The U.S. Federal Energy Regulatory Commission (FERC) is taking on big banks for their questionable energy trade.  The Federal Energy Regulatory Commission has slammed Barclays (pdf) with a demand to pay $470 million in fines for allegedly manipulating electricity markets in the western US to benefit the bank’s financial swap positions from 2006 to 2008.  Messages and email exchanges between Barclays energy traders released earlier this month reflect their efforts to manipulate and cheat their way to profits. What’s more disturbing is the glee the Barclay’s traders took in manipulating the energy markets with a total disregard for the costs to consumers.

The Barclays traders’ own words are damning:

“I totally f**kked with the Palo mrkt today. . . . Was fun. Need to do that more often.”

The attitude expressed doesn’t get much clearer than that.

In another instant message, the same Barclays trader wrote, “I’m gonna try to crap on the NP light and it should drive the SP light lower.”

The response from his colleague: “That is fine.”

Enron’s energy traders could have written the Barclays’ traders’ scripts. Remember Enron traders gloating, “He just f—s California,” and “He steals money from California to the tune of about a million” a day?  Only the traders’ attitudes are more obscene than their language. So saturated in arrogance, the traders had no concern they might get caught — which makes it even better that they did.

Though FERC hasn’t historically had much to do with regulating Wall Street, that is changing. FERC now also is going after JPMorgan Chase (pdf) and Deutsche Bank  (pdf) on similar charges.  The Los Angeles Times reports that JP Morgan’s questionable trades in the power market in 2010 and 2011 may have cost California residents and businesses more than $200 million. The no-holds-barred pursuit of profiteering no matter what laws and regulations are violated or what the cost is to the public has become a hallmark of Wall Street from Enron to Barclays.

While Wall Street may not have gotten the message that Enron-esque conduct is wrong, it’s gratifying to see FERC step up to hold banks accountable using the power from a post-Enron law. The 2005 Energy Policy Act gave FERC the authority to prevent market manipulation in the energy markets.  Not only does FERC have the power to fine companies as much as $1 million a day per violation, but it also has the ultimate weapon: the ability to suspend authorization to sell. JP Morgan knows that FERC is not afraid to flex this muscle.

Just last week, FERC suspended the authorization for a JPMorgan unit, J.P. Morgan Ventures Energy Corp., to sell electricity at market-based rates for six months beginning next April. FERC took this step because it found that JPMorgan had filed “factual misrepresentations” and omitted material information in filing with FERC and in communications with the California Independent System Operator. JPMorgan will be able to offer electricity for sale only at prices based on specified factors, so that utilities can continue to be able to meet demand.  FERC is relatively new to dealing with Wall Street, but it is quickly learning that a strong jolt is necessary to get banks to comply.

The Commodity Futures Trading Commission, which often works side-by-side with FERC, is expected to see similar cases of energy market manipulation as a result of whistleblower information provided to the CFTC’s new whistleblower reward program created under Dodd-Frank. The outcome of the FERC cases against Wall Street could provide a useful roadmap for future whistleblowers.

Excerpt from, Erika Kelton, Barclays’ Traders Show How Much Fun Wall Street Has Manipulating Markets, Forbes, Nov. 20, 2012

Rating Agencies on Fire

The ruling in the Federal Court of Australia on November 5th held Standard & Poor’s (S&P) jointly liable with ABN AMRO, a bank, for the losses suffered by local councils that had invested in credit derivatives that were designed to pay a high rate of interest yet were also meant to be very safe. The derivatives in question were “constant proportion debt obligations” (CPDOs). These instruments make even the most ardent fans of complex financial engineering blush: they are designed to add leverage when they take losses in order to make up the shortfall. S&P’s models, which the court said blindly adopted inputs provided by ABN AMRO, gave the notes a AAA rating, judging they had about as much chance of going bust as the American government.

S&P denies that its ratings were inappropriate, and plans to appeal. But evidence before the court suggests a world of harried analysts being outsmarted by spivvy bankers. It also indicated a disturbing lack of curiosity by S&P analysts and a desire to cover up for the firm’s failings even when they fretted about a “crisis in CPDO land” and worried that some buyers of these products were “in no hurry to stay in front of the truck”. Instead of warning investors that it had made mistakes, the court found that the firm continued to provide glowing opinions on new CPDOs coming out of the ABN AMRO factory.  There is nothing in the ruling to suggest the shoddy behaviour that took place in this instance was widespread across the firm. It would be a mistake to attribute all ratings that subsequently turn out to be wrong to negligence. Making predictions is hard, as Yogi Berra, a famously quotable baseball player, noted, especially when they are about the future.

But the Australian case does challenge a central part of the defence proffered by S&P and other ratings agencies (Moody’s and Fitch are the other two big ones) in some 40 ongoing cases worldwide alleging negligence. They argue that ratings are merely opinions and protected by constitutional safeguards on free speech, and that only imprudent investors would take decisions solely based on them.  This defence has already worked in a number of high-profile cases in America. Investment analysts and lawyers reckon that there is no sign that courts elsewhere are likely to follow the Australian ruling; it may not even survive the appeal. But the reasoning in the Australian case is persuasive. The judge argued that agencies could not wash their hands of all responsibility if investors took their ratings at face value and then lost money. “The issuer of the product is willing to pay for the rating not because it may be used by participants and others interested in financial markets for a whole range of purposes but because the rating will be highly material to the decision of potential investors to invest or not,” the judge wrote.

The tendency of investors to rely on ratings is reinforced by the privileged access that agencies have to information about issuers. The agencies’ defence that theirs is just an opinion wears thin when, having looked under the hood and kicked the tyres, they then tell investors to make up their own mind from a distance. It would help if regulators forced issuers of bonds and other rated securities to provide more public information. That would allow investors to do more of their own due diligence and enable more competition between agencies to provide the best analysis to investors rather than the best service to issuers.

Ratings agencies: Crisis in ratings land?, Economist, Nov. 10, at 74

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Italian prosecutors filed suit against five former employees of Standard and Poor’s (S&P) and two former employees of Fitch [corporate websites] for allegedly manipulating the market and abusing privileged information that led to the rating agencies’ downgrades of Italy. Though magistrates in Rome and Milan have refused to support the claim, prosecutors from the southern town of Trani contend that the agencies failed to respect European rules of transparency.

Divide and Conquer: the Mekong River

Laos has given the go-ahead to build a massive dam on the lower Mekong river, despite opposition from neighbouring countries and environmentalists.  Landlocked Laos is one of South-east Asia’s poorest countries and its strategy for development is based on generating electricity from its rivers and selling the power to its neighbours, says the BBC’s Jonah Fisher in Bangkok.  Xayaburi is being built by a Thai company with Thai money – and almost all of the electricity has been pre-sold to Thailand, BBC says.

Countries such as Cambodia and Vietnam point to a report last year that said the project should be delayed while more research was done on the dam’s environmental impact. Up to now, Laos had promised not to press ahead while those concerns remained…

Laos has followed the letter, if not the spirit, of the 1995 Mekong Agreement. Under its terms, the countries that share the Mekong agree to prior consultations on the possible cross-border impact of any development on the river before deciding to proceed. Laos believes it has just done that.  Cambodia and Vietnam expressed concerns about the dam’s impact on fish migration and the flow of sediment downstream. So the Laos authorities brought in their own contractors and now say the problems have been solved.  Critics of the dam say many of the modifications to it are untested and the decision to proceed amounts to a huge experiment on one of the world’s great rivers.

Four dams already exist in the narrow gorges of the Upper Mekong in China but until now there have been none on the slower-moving lower reaches of the river..Laos deputy energy minister Viraphonh Virawong said work on the Xayaburi dam itself would begin this week, and hoped it would be the first of many….

Excerpt, Laos approves Xayaburi ‘mega’ dam on Mekong, BBC, Nov. 5, 2012

Barclays and Qatar: an Unholy Alliance?

U.S. authorities are investigating Barclays  for potentially violating anti-corruption laws during its scramble to raise money from Middle Eastern investors in the early days of the financial crisis.  The probe, being conducted by the Justice Department and the Securities and Exchange Commission, is at an early stage…The U.S. investigation follows a similar probe that British regulators opened earlier this year.

According to people familiar with the probe, it is examining Barclays’ use of middlemen serving as brokers to connect the bank with powerful Middle Eastern interests at a time when the bank was seeking a cash injection from investors in the region.  Barclays disclosed the investigation at the same time it reported a GBP106 million third-quarter loss…The new investigations represent the latest blows to a once-proud British institution. This summer, Barclays paid about $450 million to settle U.S. and British charges that it sought to manipulate benchmark interest rates, sometimes at the behest of top executives. The ensuing political furor led to the abrupt resignations of Barclays’s chairman, chief executive and chief operating officer.

The Justice Department and SEC investigation involves possible violations of the Foreign Corrupt Practices Act, which among other things bars companies with U.S. operations from bribing overseas politicians or corporate executives in order to win business.  In June 2008, as the financial crisis was gaining steam, senior bankers at Barclays persuaded the Qatar Investment Authority and other investors to inject about GBP4.5 billion into the British bank, seeking to erase fears about Barclays’s health. As part of that deal, Barclays hired the Qatar fund to provide “advisory services’ in the Middle East. The bank later disclosed that it was paying about GBP238 million in fees and commissions to Qatar Investment Authority and related entities.

This summer, the U.K.’s Financial Services Authority launched a formal investigation into Barclays’s public disclosures of those arrangements. The probe focused on past and present Barclays executives, including finance chief Chris Lucas, as well as on the manner in which Barclays wooed the Qataris to invest, according to people familiar with the matter.

Excerpts, Barclays Faces U.S. Anti-Corruption Probe, MarketWatch, Oct. 31, 2012

An Independent Kurdistan? Ask the Oil Companies

Iraq is blessed with abundant oil that is cheap to extract and close to newly built export terminals. Production has hit a three-decade high and continues to rise steadily. By 2035, predicts the International Energy Agency (IEA) Iraqi output could more than double, to 8.3m barrels per day (b/d).  But Western oil firms are increasingly reluctant to play a part in this boom. ExxonMobil appears keen to sell its stake in West Qurna, one of the giant fields in southern Iraq that will provide much of the production growth. Royal Dutch Shell and BP are both still working in the south, but unhappily so. Suffocating bureaucracy and onerous contract terms make life difficult. Heavier-than-expected costs and delays to infrastructure undercut profits.

Three years ago when they signed contracts with the Iraqi government, the oil majors were prepared to accept hiccups. But their patience has thinned with the arrival of an alternative source of Iraqi oil. Kurdistan, the semi-autonomous province in the country’s north, has been offering competing and much more lucrative deals. ExxonMobil’s decision last year to acquire six blocks in the region angered the central government, which considers the deal illegal and lays claim to Kurdish oil. But the world’s largest oil company started a trend. In July Total, Chevron and Gazprom all signed contracts with the Kurdistan regional government, potentially dooming their chances of winning future business in the south. BG, a British firm, was in Erbil, the Kurdish capital, on a scouting mission in late October.

“Kurdistan is 11 years ahead of the rest of Iraq in terms of political and commercial development,” says Luay al-Khatteeb, head of the Iraq Energy Institute, a London-based think-tank. Kurdistan’s potential oil reserves of around 45 billion barrels are less than a third of those in southern Iraq. Still, the Kurdish oil minister, Ashti Hawrami, believes output of 1m b/d is possible within three years.

The tricky part is getting the oil to market. The Kurds today export around 200,000 b/d through pipelines controlled by the central government. Mr Hawrami wants to build a new Kurdish-owned pipe to Turkey, feeding long-held dreams of Kurdish independence. That unnerves Turkey which is fighting Kurdish separatists in its south-east. Some Turkish officials seem to acknowledge the possibility of an eventual Kurdish state in northern Iraq and seek to make it commercially dependent on Turkey. Co-operating with the Iraqi Kurds would also generate lucrative transit fees and offer Turkey an alternative to oil from Russia and Iran.

The Iraqi government is pondering how to respond. It could sweeten the terms of its contracts with the oil firms in the south. That might staunch the flow of Western capital to Kurdistan. In the meantime, the main beneficiaries of the majors’ receding interest in southern Iraq are Asian oil firms. Chinese will account for about 2m b/d of Iraq’s production by 2020. Fatih Birol, the IEA’s chief economist, talks of a “Baghdad-to-Beijing” axis.

Iraq’s oil: The Kurdish opening, Economist,Nov. 3, at 49

Fradulent Quality Certificates for Nuclear Reactors: South Korea

South Korea’s ambitious nuclear energy program is under intensive scrutiny and criticism after the discovery of microscopic cracks in the structure of a nuclear power plant and forgery of quality certificates vouching for thousands of components in at least two reactors.  Officials in all three major agencies responsible for monitoring the program said Friday there’s no danger to nuclear safety, but the government ordered the shutdown of the two reactors with the uncertified parts. At the same time, the head of the state company overseeing the program, Korea Electric Power Corp. has resigned for what he said were personal reasons.

A sequence of problems at a nuclear power plant on the southwestern coast fueled rising doubts about a program that’s been a centerpiece of the government’s energy policy since the first reactors went on line more than 30 years ago. Korea counts on nuclear energy for 30 percent of its electrical power, but critics are now demanding the government shut down some of the older plants and pull back from plans to build enough reactors to fulfill half the country’s power needs.  “I am worried about safety standards,” says Lee Chang-choon, who served as South Korea’s ambassador to the International Atomic Energy Agency during his long diplomatic career. “I do not have confidence and trust in the care of sensitive machinery operations.”

The trouble seemed to begin at the nuclear power plant at Yeonggwang where inspectors this week reported thousands of  “noncore components” were installed on the basis of fraudulent quality certificates. The Korea Hydro and Nuclear Power Corporation, which operates Korea’s four nuclear power plants, including 23 reactors, promised to replace all the parts by the end of the year while asking prosecutors to investigate alleged bribery.

Compounding the difficulties at the Yeonggwang plant, the ministry also reported the discovery of microscopic cracks in passages linking control rods to one of the reactors. An official at the Korea Hydro and Nuclear Power Corporation said the cracks affected warning signals on control panels but not operation of the reactors…

The underlying problem, however, is that South Korea has virtually no oil or natural gas deposits and is running out of coal. Nuclear power has long been seen as the only way to meet the demands of a growing industrial economy. Hong Suk-woon, Korea’s knowledge and economy minister, warned of severe power cuts that might affect industry and individual consumers as a result of shutdown of the two Yeonggwang reactors….

Others are still more critical. Yun Sun-jin, a professor who teaches courses on energy policy at Seoul National University, accuses the Korea Hydro Nuclear Power Corporation of placing higher priority on output with reduced emphasis on safety.  “They are decreasing the time for periodic overhaul of reactors,” she says. “They think a high operation rate means a more competitive strategy.”  She agrees with the view of the nongovernmental Korea Federation for the Environment that the government should shut down older plants and cancel plans to build new ones.  “We cannot believe nuclear power plants are safe,” says Yang-yi Won-young, in charge of the organization’s “nuclear phase-out” campaign. “The government says nuclear energy is the cheapest and cleanest, but they don’t take account of the cost of getting rid of nuclear waste.”…An official at the ministry of knowledge and economy listed 60 forged quality certificates since 2003 including more than 7,600 components, 98.4 percent of which, he says, were for the Yeonggwang plant. “These are noncore parts,” he says, including fuses, switches, and resistors that cannot be used for the core safety-related facility” and therefore “posing no threat of radiation leakage.”  The government, he adds, “will prepare and implement a comprehensive package of measures as soon as possible starting later this month to cope with the possible power shortages during this winte

Excerpts, By Donald Kirk, Cracks at South Korean nuclear plant raise safety concerns, Reuters, Nov. 9, 2012

Tricks of Illegal Waste Dumping

The US Navy has launched its own investigation into allegations that its contractor has been dumping on Subic Bay hazardous wastes which it siphons from US Navy ships docked here.  In an e-mailed statement on Saturday, Cynthia Cook, deputy press attache of the US Embassy in Manila, said the US Navy had “initiated its own inquiry into allegations of hazardous waste dumping by Glenn Defense Marine Philippines, a contractor for the US Navy in the Philippines.”  Cook said the embassy was aware of the investigation being conducted by the Subic Bay Metropolitan Authority (SBMA), and that it would “take appropriate action depending on the outcome of those processes.”

The SBMA board of directors is meeting on Monday to discuss the results of the initial investigation into the reported dumping by Glenn Defense Marine Philippines, the local operator of the Malaysian-owned Glenn Defense Marine Asia, said SBMA Chair Roberto Garcia.  In a letter to the SBMA earlier, the lawyers of Glenn Defense claimed that the Presidential Commission on the Visiting Forces Agreement (VFACOM) was the only agency authorized to address complaints about toxic dumping at Subic Bay.  Also on Saturday, the Subic Bay Freeport Chamber of Commerce announced it had suspended the membership of Glenn Defense, a registered locator of the Subic Bay Freeport.

Danny Piano, SBFCC president, said the group was aware of the alleged dumping in Subic waters since October. He said the chamber’s environmental committee has been on the lookout for potential environmental problems around the freeport.  Piano recounted: “At around 8 a.m. on Oct. 15, members of the committee spotted a marine [vessel] collecting liquid waste from a US Navy ship at Alava Pier. They became curious [as to] why a [ship], and not a [sewage] truck, would be performing waste collection [for] a naval ship already berthed at a pier…  “Sensing potential hazard, the members reported the situation to the SBMA ecology department for a spot check and to make sure that proper procedures were followed in dumping the waste.”

The vessel, MT Glenn Guardian, had been carrying around 50,000 gallons of domestic waste and around 200 gallons of bilge water (or a combination of water, oil, and grease), which were untreated according to laboratory tests, Piano said.

By Robert Gonzaga, US Navy begins inquiry into toxic waste dumping, Inquirer Central Luzon, Nov. 10, 210

Bankers with Chainsaws – logging companies and their banks

Some big banks do little more than pay lip service to environmental issues. HSBC likes to think of itself as different. It has signed up to many initiatives, including the Equator Principles, a set of social and environmental standards launched in 2003 for project financiers….

Sarawak (Malaysia) has lost more than 90% of its “primary” forests to logging and has the fastest rate of deforestation in Asia. Sarawak has only 0.5% of the world’s tropical forest but accounted for 25% of tropical-log exports in 2010. As timber stocks have become depleted, the loggers have moved into the palm-oil business, clearing peat-swamp forests to make way for plantations. The deforestation has been accompanied by abuses against indigenous groups, including harassment and illegal evictions. Allegations of corruption and abuse of public office dog Abdul Taib Mahmud, Sarawak’s chief minister, finance minister and planning-and-resources minister, who is believed to have firm control over the granting of logging licences. Mr Taib has long denied being corrupt.

Global Witness, a campaigning group, has analysed the publicly available financial records of seven of Sarawak’s largest logging and plantation companies.  It identified loans and other financial services from HSBC that it estimates have generated at least $116m in interest payments and $13.6m in fees for the bank since 1977. Although lending has declined over the past decade, HSBC continues to list Sarawak loggers among its clients, in apparent violation of its own Forest Land and Forest Products Sector Policy.

On paper HSBC’s forest policy gets high marks, including from BankTrack, a network of NGOs that monitors lenders. When it was drawn up in 2004, the policy required clients to have 70% of their activities certified by the Forest Stewardship Council (FSC), or equivalent, by 2009, with evidence that the remainder was legal. (The FSC is a global non-profit body that sets standards and does independent certification for logging and forest products.)

Not only did the seven firms analysed fail to meet that deadline, but none has any FSC-certified operations today. Ta Ann Holdings, for example, listed HSBC as a “principal banker” in its 2011 annual report. Ta Ann does not have FSC certification, and has failed to obtain full verification of the legality of its Sarawak concession under the independent “Verified Legal Origin” scheme. The firm has been accused of clear-felling rainforest that is home to endangered orangutan and of cutting down conservation forest for plantations. Ta Ann told Global Witness it is “collaborating closely with HSBC towards achieving full compliance” with its forest policy.

Another forestry conglomerate that is still banking with HSBC, according to its annual report, is WTK Holdings, whose intensive logging is widely believed by pressure groups to have caused landslides that ended up blocking a 50km (31-mile) stretch of river in 2010. None of WTK’s operations is FSC-certified.

In all, Global Witness identified six loans, totalling $25m, made by HSBC to non-compliant Sarawak loggers since the bank introduced its forest policy. HSBC said in 2004 that it would stop doing business with clients that failed to make a reasonable effort to comply by 2009.  The Economist asked HSBC to comment. The bank declined to discuss its clients because of confidentiality, but said it is “not accurate” to state that its clients are in violation of its forestland and forest-products policy. It said current data show that 99% of its forest-sector clients worldwide (by size of lending) are “compliant” or “near-compliant” with its policy. What precisely it means by “near-compliant” is unclear…..HSBC’s  continued involvement, however modest, allows logging firms to claim credentials they don’t deserve. Ta Ann, for instance, has run adverts saying it holds forest-policy certification from HSBC. That looks like a figleaf.

Deforestation in Sarawak: Log tale, Economist, Nov. 3, 2012, at 75

Nuclear Waste in Egypt – illegally dumped?

Egypt’s prosecution begins reviewing charges against ousted president Hosni Mubarak and his former prime ministers, Ahmed Nazif and Atef Ebeid, of negligently burying nuclear waste in Egypt, endangering citizens.  The lawsuit was filed by attorneys Hamed Mohamed, Nasser El-Askalani and Tarek Ibrahim, who are members of the Protection of Freedoms Committee of the Lawyers’ Syndicate.

The three lawyers accused Mubarak and his former regime of allowing Egyptian and European businessmen to bury nuclear waste in Egypt, particularily in desert areas close to the Mediterranean known as Al-Alamein and Al-Hamam. These areas are 71km and 106km, respectively, from Egypt’s second-largest city, Alexandria.  Hosni Mubarak is currently serving a life sentence for failing to prevent the killing of protesters during the 18-day uprising that led to his ouster on 11 February 2011.  In September, Nazif, who served as prime minister between 2004 – 2011, was founded guilty of abusing his political position for personal gain and was given a three-year prison sentence.

Prosecution reviews charges against Mubarak of burying nuclear waste, Ahram Online,Nov. 10, 2012

Nuclear Waste and Environmental Justice

After California regulators refused to allow the U.S. Air Force to label residue from radioactive aircraft instruments as “naturally occurring” – declaring it unsuitable for a Bakersfield-area dump – the military turned to Idaho with the same story.  There, military officials met with success. The Air Force is now sending radioactive waste from Sacramento County’s McClellan Air Force Base to a Grand View, Idaho, hazardous waste landfill.

This solution involved a bit of legal semantics rejected in California despite 10 months of Air Force lobbying: The military claimed radium dust left over from glow-in-the-dark aircraft instruments actually was naturally occurring, putting it the same relatively lax regulatory category as mine tailings, according to government memos obtained by California Watch through a public records request.  Larry Morgan, a health physicist with the California Department of Public Health, disagreed with that characterization. Radioactive paint does not “meet the definition” of naturally occurring waste, he wrote in a September 2011 memo.

The Idaho facility’s permit allows it to accept materials defined as natural without notifying state regulators, leaving the state’s hazardous waste manager in the dark.  “I’m not familiar with this particular waste stream. I intend to find out now that you’ve contacted me,” Robert Bullock, hazardous waste permits manager for the Idaho Department of Environmental Quality, said during an October interview.  The redefinition of the waste as natural might not even have been necessary, given Idaho’s different standards for waste containing trace amounts of radium.

Days after the Idaho Department of Environmental Quality told California Watch that the agency was unaware of the Air Force waste, an official went out to inspect the landfill. Interviewed after that visit, engineer Dennis Meier said the dumping was legal because of the low concentration of radium in the soil, despite the source.  “It’s not waste that has to go to a radioactive waste facility,” he said. “The concentration is way below what we would accept.”

Nonetheless,California health officials and environmental activists accused the Air Force of bending the truth to get its way.  “Illuminated instrument dials do not naturally occur,” said Daniel Hirsch, a lecturer on nuclear policy at UC Santa Cruz who leads the environmental group Committee to Bridge the Gap. “I can’t dig into the soil and discover naturally occurring radium instrument dials.”

The radioactive dirt in question hails from the former McClellan Air Force Base northeast of Sacramento,now a commercial development site.“At least 24 sites” on the base “all have low levels of radium mixed in with the soil, and there are many thousands of cubic yards” of contaminated soil, according to Philip Mook, Western region senior representative for the Air Force Civil Engineer Center, which is in charge of cleanups at Air Force installations. “A little bit of radium goes a long way.”  The Air Force has sent 22,000 tons of radioactive dirt from McClellan out of state so far, according to Charlotte Fadipe, a spokeswoman for the California Department of Toxic Substances Control.

According to the federal Environmental Protection Agency, if significant radium is inhaled or ingested, it can increase the risk of diseases such as lymphoma, bone cancer and leukemia. While the concentrations in the McClellan soil are low, they are above limits the federal government has set to protect human health.  Before these medical effects became evident, aircraft dials and gauges were painted with glowing radium so pilots could see them better at night. Air Force officials speculate that the radium became dispersed in the soil at McClellan “probably in cleanup water, like mop water or solvents that were used to clean the equipment or to clean up spills of radium,” Mook said. Although radium paint wasn’t used on the base after the 1950s, items contaminated with it remained…

Stephen Woods, chief of the California Department of Public Health’s Division of Food, Drug and Radiation Safety, argued in a Nov. 4, 2011, letter that the dirt should be sent to “a licensed low-level radioactive waste disposal facility.” The Idaho facility where the soil is now going does not meet that criteria. Neither do any California waste disposal facilities.  That’s partly because of vocal opposition from local Kern County residents and environmental groups.  “Hazardous waste landfills in low-income communities of color in California aren’t the right places for” nuclear waste, said Caroline Farrell, executive director of the Center on Race, Poverty & the Environment, which for almost two decades has fought to limit the Buttonwillow landfill’s expansion and impact on local residents.

But in the past, the landfill has accepted nuclear waste. In 1998 and 1999, the Army Corps of Engineers sent residue from the Manhattan Project, the World War II-era research and development program that produced atomic bombs dropped in Japan, to the landfill.  The move outraged civilian officials.  Democratic U.S. Sen. Barbara Boxer testified before a Senate committee on July 25, 2000: “When I learned that the Corps had disposed of 2,200 tons of radioactive waste at an unlicensed hazardous waste facility in Buttonwillow, California, I was shocked. The facility sits atop aquifers that supply water to the Central Valley of California.”  Since the Manhattan Project controversy, the facility’s permit has been tightened. Yet the landfill’s current permit states that it may accept naturally occurring radioactive materials at low concentrations….

US Ecology, which operates the hazardous waste landfill in Grand View, Idaho, seemed to accept the terminology.  Steve Welling, senior vice president of sales and marketing for US Ecology, said in an interview that “state law and our permits” allowed the facility to accept the waste that the Air Force had characterized as naturally occurring.

Katharine Mieszkowski and Matt Smith, Air Force Ships Calif. Radioactive Waste To Idaho Landfill, NBC, Nov. 9, 2012

Ship Breaking – Greens against workers

At its height in 2008 Bangladesh’s ship-breaking industry accounted for half of all ships scrapped in the world, according to IHS, a consultancy. Today the country accounts for around a fifth. In these years Bangladeshi ship breakers found themselves at the forefront of criticism as NGOs and pressure groups exposed some of the worst practices causing environmental and human harm. These included high health risks due to injuries, noxious fumes and the handling of asbestos. Critics say one way in which Bangladesh competes on cost is that poor workers are unlikely to file claims for accidents or bad health. Another advantage is (or was) the use of child labour.

In 2009 the Bangladesh Environmental Lawyers Association (BELA), a public-advocacy group, convinced the Supreme Court to ban all ship recycling not meeting certain environmental standards. The court’s decision meant that by 2010 the ship-breaking industry had come to a halt. Zahirul Islam of PHP, a local manufacturer with a big ship-breaking division (the industry prefers to call it ship recycling), says that for 14 months the company was unable to import a single vessel for breaking.  Knock-on effects hurt the wider economy. A World Bank study estimated that ship breaking employed over 200,000 in Bangladesh. Many of the jobs were subsequently lost. And domestic steel prices rose sharply. Half of all Bangladesh’s steel comes from breaking ships.  Under pressure from the ship breakers, Bangladesh’s prime minister, Sheikh Hasina, has since relaxed the regulations. Hefzatur Rahman, president of the Bangladesh Ship Breakers Association, believes this has saved the industry. From just a score of vessels scrapped in the main part of Chittagong two years ago, about 150 were broken up in 2011.

Greens are not happy and want the ban reimposed. Delphine Reuter of the Shipbreaking Platform, an NGO in Brussels, describes ship recycling as “close to slavery”. It and BELA are leading the call for more regulation. That bothers international shipping firms and ship brokers, which argue that Bangladeshi ship breakers have cleaned up their act.

At the International Maritime Organisation, the UN agency responsible for curbing shipping pollution and ensuring safety, the head of pollution prevention, Nikos Mikelis, says environmentalists present Bangladesh with a false choice. “They say they are happy to have the industry, but not on the beaches. Where do they want it? In the mountains?”

Ship breaking in Bangladesh: Hard to break up, Economist, Oct. 27, 2012, at 44

Chevron, 50 Activists and their Email Accounts

The Electronic Frontier Foundation (EFF) and EarthRights International (ERI) asked judges in California and New York today to quash subpoenas issued by Chevron Corporation to three email providers demanding identifying information about the users of more than 100 email accounts, including environmental activists, journalists, and attorneys. The information Chevron wants could be used to create a detailed map of the individuals’ locations and associations over nearly a decade.

The subpoenas are the latest salvo in the long-running battle over damage caused by oil drilling in Ecuador. After years of litigation, an Ecuadorian court last year imposed a judgment of over $17 billion on Chevron for dumping toxic waste into Amazon waterways and causing massive harm to the rainforest. Instead of paying, Chevron sued more than 50 people who were involved in the Ecuador lawsuit, claiming they were part of a conspiracy to defraud the oil giant. None of the individuals represented by EFF and ERI has been sued by Chevron or accused of wrongdoing.

“Environmental advocates have the right to speak anonymously and travel without their every move and association being exposed to Chevron,” said Marcia Hofmann, EFF Senior Staff Attorney. “These sweeping subpoenas create a chilling effect among those who have spoken out against the oil giant’s activities in Ecuador.”

The motions to quash filed today asked the courts to reject the subpoenas, pointing out that anonymous speakers who are not parties in a lawsuit receive particularly strong First Amendment protections. EFF first won court recognition of this protection in Doe v. 2theMart.com in 2001. Chevron’s subpoenas also violate the legal protections for the right of association for political action that were developed during the civil rights era.

“The courts have long recognized that forcing activists to reveal their names and political associations will chill First Amendment rights and can only be done in the most extreme situations,” added Marco Simons, Legal Director of ERI, which has provided legal assistance to third parties affected by the Chevron litigation in two international proceedings. “We look forward to having those longstanding principles applied in this case so that people can engage in journalism and political activism and assist in litigation against environmental destruction without fear that their identities and personal email information will be put at risk.”

EFF and ERI are challenging the subpoenas to Google and Yahoo! in the U.S. District Court for the Northern District of California and the subpoena to Microsoft in the U.S. District Court for the Northern District of New York. .

EFF and ERI Fight to Quash Speech-Chilling Subpoenas from Chevron, Press Release of Electronic Frontier Foundation, Oct. 22, 2012

Palm Oil Industry: environmental and human impacts

Indonesia’s largest palm oil company, Sinar Mas, ran into trouble recently when communities in Liberia complained about a 33,000 ha. operation being developed on their lands by its indirectly-owned subsidiary, Golden Veroleum in Butaw District, Sinoe County. Alfred Brownell, the lawyer from Green Advocates representing the Kru tribes impacted by the project who is attending the 10th Roundtable on Sustainable Palm Oil (RSPO) being held in Singapore this week noted:

Golden Veroleum is in clear violation of the RSPO’s New Planting Procedure as it has not advertised its plans to clear and plant oil palms and carry out and publicise a High Conservation Value Assessment in advance of expanding its operations. Under the RSPO procedure, the company should now cease clearance until due process is followed. The villagers are concerned that their lands are being taken without their fully informed or free consent.

This is the second palm oil development involving a prominent RSPO member to run into controversy in Liberia. Last year, a subsidiary of Malaysia’s largest palm oil consortium, Sime Darby, was criticised for expanding its operations without respecting local peoples’ rights. The company was in the early stages of developing a 220,000 ha. operation but was halted in its tracks by complaints, which, to its credit, the company has responded to by entering into dialogue with the communities.

The spotlight is now on two large palm oil operations in Cameroon. One is planned by a company called BioPalm, a subsidiary of India-based corporation Siva Group which is marking out its planned operations without consultation on the lands of the Bagyeli “Pygmies” in Océan Département in western Cameroon. The company claims to be an RSPO member but does not show up on the RSPO’s membership lists. Messe Venant, Project Coordinator of the community-based indigenous NGO Okani says:  As the affected Bagyeli communities have told us, the forest is their memory. If they lose it, they lose their past, their present and their future. They will no longer be Bagyeli. To destroy the forest is to reduce them to nothingness.

Another palm oil developer is SG Sustainable Oils Cameroon PLC (SGSOC), owned by Herakles Farms from the USA and an affiliate of Herakles Capital, which is also involved in the telecommunications, energy, infrastructure, mining and agro-industrial sectors in Africa. SGSOC is developing an oil palm plantation further north in Cameroon, but has also run into sustained opposition from local communities and concerned NGOs and has announced it will pull out of the RSPO.

Other cases are highlighted in a searching review of 15 companies’ operations carried out by the Forest Peoples Programme and SawitWatch with a consortium of other NGOs and community organisations in Liberia, Cameroon, the Democratic Republic of Congo, the Philippines, Malaysia and Indonesia.

One case examined is the operation being developed by Genting Plantations, a client of HSBC, and a subsidiary of the vast Genting group which runs a casino, hotel and property empire in Malaysia. Both companies are prominent RSPO members. Genting is now in a protracted land dispute with the Dusun and Sungai peoples in Tongod District in Sabah over the imposition of the oil palm plantation. Leonard Alaza representing the Indigenous Peoples Network of Malaysia or Jaringan Orang Asal SeMalaysia (JOAS) at the 10th Roundtable of the RSPO underway in Singapore, says:  The communities have been objecting to this plantation since 2000 and filed a court case 10 years ago asking the court to recognise their rights and freeze the company’s expansion. But instead of recognising our rights, as the RSPO standard requires, the company has been contesting even the admissibility of our case and meanwhile has taken over and planted all the disputed lands.

Excerpt from Press Release of Forest Peoples Programme, New oil palm land grabs exposed: Asian palm oil companies run into trouble in Africa, Nov. 1, 2012

The Covert War in Sudan: Yarmouk Weapons Factory

Satellite images of the aftermath of an explosion at a Sudanese weapons factory this past week suggest the site was hit in an air strike, a US monitoring group said Saturday (Oct. 27, 2012) The Sudanese government has accused Israel of bombing its Yarmouk military complex in Khartoum, killing two people and leaving the factory in ruins.  The images released by the Satellite Sentinel Project to the Associated Press on Saturday showed six 52-foot wide craters near the epicenter of Wednesday’s explosion at the compound.  Military experts consulted by the project found the craters to be “consistent with large impact craters created by air-delivered munitions”, Satellite Sentinel Project spokesman Jonathan Hutson said.  The target may have been around 40 shipping containers seen at the site in earlier images. The group said the craters center on the area where the containers had been stacked.

Israeli officials have neither confirmed nor denied striking the site. Instead, they accused Sudan of playing a role in an Iranian-backed network of arms shipments to Hamas and Hezbollah. Israel believes Sudan is a key transit point in the circuitous route that weapons take to the Islamic militant groups in the Gaza Strip and Lebanon.  Sudan was a major hub for al-Qaida militants and remains a transit for weapon smugglers and African migrant traffickers. Israeli officials believe arms that originate in the Iranian port of Bandar Abbas go through Sudan before crossing Egypt’s lawless Sinai desert and into Gaza through underground tunnels.

The Satellite Sentinel Project is a partnership between the Enough Project, a Washington-based anti-genocide advocacy group and DigitalGlobe, which operates three commercial satellites and provides geospatial analysis.  The project was founded last year with support from actor George Clooney, and in the past has used satellite images to monitor the destruction of villages by Sudanese troops in the country’s multiple war zones.

Opened in 1996, Yarmouk is one of two known state-owned weapons manufacturing plants in the Sudanese capital. Sudan prided itself in having a way to produce its own ammunition and weapons despite United Nations and US sanctions.  The satellite images indicate that the Yarmouk facility includes an oil storage facility, a military depot and an ammunition plant.

The monitoring group said the images indicate that the blast “destroyed two buildings and heavily damaged at least 21 others”, adding that there was no indication of fire damage at the fuel depot inside the military complex.  The group said it could not be certain the containers, seen in images taken 12 October, were still there when explosion took place. But the effects of the blast suggested a “highly volatile cargo” was at the epicenter of the explosion.  “If the explosions resulted from a rocket or missile attack against material stored in the shipping containers, then it was an effective surgical strike that totally destroyed any container” that was at the location, the project said.  Yarmouk is located in a densely populated residential area of the city approximately 11km southwest of the Khartoum international airport.  Wednesday’s explosion sent exploding ammunition flying into homes in the neighborhood adjacent to the factory, causing panic among residents. Sudanese officials said some people suffered from smoke inhalation.  A man who lives near the factory said that from inside their house, he and his brother heard a load roar of what they believed was a plane just before the boom of the explosion sounded from the factory.

In the aftermath of Wednesday’s explosion, Sudanese officials said the government has the right to respond to what the information minister said was a “flagrant attack” by Israel on Sudan’s sovereignty and right to strengthen its military capabilities.  In a Friday speech marking Eid al Adha, Islam’s biggest holiday, Sudanese president Omar al-Bashir called Israel “short-sighted,” according to comments published by the Egyptian state-owned paper Al Ahram. The president likened the incident to the 1998 bombing by American cruise missiles of a Khartoum pharmaceutical factory suspected of links to al-Qaida.

Some Israeli commentators suggested that if Israel did indeed carry out an airstrike causing Wednesday’s blast, it might have been a trial run of sorts for an operation in Iran. Both countries are roughly 1,000 miles (1,600km) away from Israel, and an air operation would require careful planning and in-flight refueling.

Satellite pictures suggest Sudanese weapons factory hit by air strike, Associated Press, Oct. 27, 2012

Top Five Worst Polluters in Gas Flaring

An international coalition led by the World Bank is calling for state-backed and private oil producers to reduce “gas flaring” by an additional 30 percent over the next five years, saying that doing so would be equivalent to taking 60 million cars off of the roads.  Analysts widely characterised the goal as both ambitious and significant, though it follows on an apparent levelling out in flaring reductions in recent years.

Since a major new push began in 2005, the World Bank-led Global Gas Flaring Reduction (GGFR)* partnership estimates that, through 2011, its actions have brought down gas flaring by 20 percent, eliminating around 274 million tonnes of carbon dioxide emissions.  But according to the GGFR – a coalition of 20 major oil companies and 19 countries..both the economic and environmental impacts of gas flaring require far greater reductions.  “A 30 percent cut in five years is a realistic goal,” Rachel Kyte, the World Bank’s vice-president for sustainable development, said…

Oil producers resort to flaring when gas, a by-product of oil, is brought up to the surface but cannot easily be repurposed for consumers. Instead, producers simply burn off the product, the value of which the World Bank, based here in Washington, puts at some 50 billion dollars a year.  The total amount of gas estimated to have been flared last year, about five trillion cubic feet, is said to equal the amount of natural gas used in the United States over a full year.

Environmentalists have long called for the outright banning of the practice, though flaring does in fact release far lower levels of greenhouse gases than simply allowing the gas to evaporate. However, the process does not deal with one notorious pollutant, nitrogen oxide, and still releases significant carbon dioxide, and thus significant greenhouse gas-related worries remain.

Alternative uses for this gas range from producing power, refining it for use in local markets, or even putting it back into the ground. But analysts say the economic benefits for companies in doing so are low.  Nonetheless, the World Bank reports slow but steady success in reductions, particularly since 2005. According to data released Mexico has cut its flaring by two-thirds and Azerbaijan by half in just two years, while Kuwait gotten its flaring down to just one percent of previous levels.  In addition, Qatar and Congo have been singled out for using the gas to make electricity.

Significant improvements have also been seen in many of the world’s worst flaring offenders. “Huge investments” by GGFR partners have reportedly helped Nigeria to reduce its flaring by nearly a quarter through 2011, while Russia, the most significant culprit in this regard, has reduced flaring by around 40 percent, though those figures rose last year.  Still, the World Bank warned that both of these countries, particularly Russia, in addition to Mexico, Iraq and Kazakhstan, need to make significant improvements.

Missing from this list, however, is one of the most significant outliers in the global push against gas flaring: the United States, which has increased its gas flaring by more than three times since 2007, more than any other country.  The U.S. is currently in the midst of a sea-changing boom in natural gas production, thanks almost entirely to new technologies (so-called hydraulic fracturing or “fracking”) that have allowed for the exploitation of previously off-limits gas deposits in shale and other geological formations.

Against the promising country-by-country numbers, total global gas flaring actually increased last year by around two billion cubic metres, which World Bank analysts have put down to output from Russia and, specifically, the U.S. state of North Dakota.  “The small increase underlines the importance for countries and companies to sustain and even accelerate efforts to reduce flaring of gas associated with oil production,” Bent Svensson, manager of the GGFR partnership, said when the 2011 figures became available in July. “It is a warning sign that major gains over the past few years could be lost if oil-producing countries and companies don’t step up their efforts.”

The U.S. is now the fifth-largest flarer, behind Russia, Nigeria, Iran and Iraq. While part of this is due to the multifold increase in production in recent years, it also appears to be due to a lag in implementing the necessary infrastructure.  “Due to insufficient natural gas pipeline capacity and processing facilities … over 35% of North Dakota’s natural gas production … has been flared or otherwise not marketed,” the U.S. government reported in late 2011. “The percentage of flared gas in North Dakota is considerably higher than the national average; in 2009, less than 1% of natural gas produced in the United States was vented or flared.”…But based on new EPA rules, “the U.S. is going to have 100 percent no-flaring by 2015, which will be pretty good in terms of the rest of the world,” Kyle Ash, a Washington-based legislative analyst with Greenpeace, an advocacy group, told IPS.

Excerpts, By Carey L. Biron, U.S. Outlier in New Push to Reduce Gas Flaring,Inter Press Service,Oct. 24, 2012

*The GGFR partners include: Algeria (Sonatrach), Angola (Sonangol), Azerbaijan, Cameroon (SNH), Ecuador (PetroEcuador), Equatorial Guinea, European Bank for Reconstruction and Development (EBRD), France, Gabon, Indonesia, Iraq, Kazakhstan, Khanty-Mansijsysk (Russia), Mexico (SENER), Nigeria, Norway, Qatar, the United States (DOE) and Uzbekistan; BP, Chevron, ConocoPhillips, ENI, ExxonMobil, Marathon Oil, Maersk Oil & Gas, Pemex, Qatar Petroleum, Shell, Statoil, TOTAL; European Union, the World Bank Group; Associated partner: Wärtsilä.

Japan and the Polluted Radioactive Water

Japan’s crippled nuclear power plant is struggling to find space to store tens of thousands of tonnes of highly contaminated water used to cool the broken reactors, the manager of the water treatment team has said.About 200,000 tonnes of radioactive water, enough to fill more than 50 Olympic-sized swimming pools, are being stored in hundreds of gigantic tanks built around the Fukushima Daiichi plant.

Operator Tokyo Electric Power Company (TEPCO) has already chopped down trees to make room for more tanks and predicts the volume of water will be more than tripled within three years.  “It’s a time-pressing issue because the storage of contaminated water has its limits, there is only limited storage space,” the water-treatment manager, Yuichi Okamura, told the AP news agency in an exclusive interview this week.  The Yotukura fishing village was one of the areas devastated by the Mar. 11, 2011 tsunami that caused the nuclear plant meltdown.

Dumping massive amounts of water into the melting reactors was the only way to avoid an even bigger catastrophe after the meltdown at TEPCO’s Fukushima Daiichi nuclear power reactor, caused by the Mar. 11, 2011 tsunami.  Okamura remembers frantically trying to find a way to get water to spent fuel pools located on the highest floor of the 50m high reactor buildings.  Without water, the spent fuel likely would have overheated and melted, sending radioactive smoke for miles and affecting possibly millions of people.

But the measures to keep the plant under control created another huge headache for the utility: What to do with all the radioactive water that leaked out of the damaged reactors and collected in the basements of reactor buildings and nearby facilities.  “At that time, we never expected high-level contaminated water to turn up in the turbine building,” Okamura said.  He was tasked with setting up a treatment system that would make the water clean enough for reuse as a coolant, and was also aimed at reducing health risks for workers and at curbing environmental damage.  At first, the utility shunted the tainted water into existing storage tanks near the reactors.

Meanwhile, Okamura’s 55-member team scrambled to get a treatment unit up and running within three months of the accident, a project that would normally take about two years, he said.  Using that equipment, TEPCO was able to circulate reprocessed water back into the reactor cores.  But even though the reactors now are being cooled exclusively with recycled water, the volume of contaminated water is still increasing, mostly because groundwater is seeping through cracks into the reactor and turbine basements….

Masashi Goto, a nuclear engineer and university lecturer, said the contaminated water build-up posed a major long-term threat to health and the environment.  He said he was worried that the radioactive water in the basements may already be getting into the underground water system, where it could reach far beyond the plant via underground water channels, possibly reaching the ocean or public water supplies.  “There are pools of some 10,000 or 20,000 tonnes of contaminated water in each plant, and there are many of these, and to bring all of these to one place would mean you would have to treat hundreds of thousands of tonnes of contaminated water which is mind-blowing in itself,” Goto said.  “It’s an outrageous amount, truly outrageous,” Goto added.

The plant will have to deal with contaminated water until all the melted fuel and other debris is removed from the reactor, a process that will easily take more than a decade.

Japan Struggling to Store Nuclear Water, Inter Press Service, Oct. 25, 2012

The Yemen Drone War

A U.S.-backed military onslaught may have driven Islamist militants from towns in Yemen they seized last year, but many have regrouped into “sleeper cells” threatening anew the areas they vacated, security officials and analysts say.  The resilience of Al Qaeda in the Arabian Peninsula (AQAP), despite increased U.S. drone strikes to eliminate militants, is worrying for top oil exporter Saudi Arabia next door and the security of major shipping lanes in the seas off Yemen.

When a nationwide uprising against autocratic rule erupted last year, tying up security forces and causing a power vacuum, militants charged into the major south Yemen towns of Zinjibar, Jaar and Shuqra and set up Islamic “emirates”.  To broad their appeal, the militants renamed themselves Ansar al-Sharia (Partisans of Islamic Law), appointed spokesmen to deal with the media and put up signposts and flags. Poverty, unemployment and alienation from a central government seen as aloof and corrupt spurred some young men to join the cause.  Residents said the militants included Saudis, Pakistanis, Egyptians, Chechens and Somalis, hinting at the international scope of the jihadi threat to Saudi and Western interests.

After President Ali Abdullah Saleh finally bowed to popular revolt and stepped down in February, the U.S.-backed Yemeni military swept in and wrested back southern towns from the militants, sometimes after heavy fighting.  But the south, where resentment of tribal domination from the north has long run high and a separatist movement revived in 2007, has since become a more dangerous place, residents say…A rash of deadly violence in the major southern province of Abyan ensued, indicating that Ansar militants were still lurking in the vicinity of the towns they had once controlled.  Nine jihadis including the head of the Jaar “emirate” Nader al-Shaddadi were killed by a U.S. drone missile fired into a farmhouse where they were hiding just outside town on October 19.  Five of the militants were teenagers from Jaar itself who had quietly moved into the farmhouse as a typical sleeper cell, a Yemeni security source told Reuters.

The next day, militants ambushed an army base in Shuqra, killing 16 soldiers, after apparently slipping out of lairs in the barren rugged mountains rearing up above the town.  “Most people are concerned about sleeper cells. We’re aware of it and people have started to be more careful,” said Hasan Ali Hasan, 35, from the Mansoura district of Aden where security forces raided some suspected “safe houses” this month.

In June, the commander of the army’s southern division, a southerner who replaced a Saleh ally from north Yemen in March, was killed by a car bomb in a suburb of Aden, the sprawling main city and port in the south. Security forces subsequently uncovered numerous caches of suicide belts in the area.  There have been dozens of other attacks and kidnappings by undercover militants targeting security and military officials.

Yemeni security sources said the two leading figures in Ansar al-Sharia, Nader al-Shaddadi and Galal Bil-Eidy, are believed to be sheltering in mountains around Shuqra where they form the link between urban cells in Aden and AQAP commanders like Nasser al-Wuhayshi tucked away in mountains to the north.  They said such regional militant chieftains had activated sleeper cells to carry out assassinations of security officials in Aden and attacks like the one in Shuqra.

Formed in 2009, AQAP has carved out a reputation as al Qaeda’s most formidable regional wing with suicide attacks on tourists, diplomats and operations against neighboring Saudi Arabia, the world’s top oil exporter, and U.S. targets abroad….

Excerpt, Andrew Hammond, Al Qaeda goes underground in Yemen against U.S.-driven crackdown, Reuters, Oct 23 2012

Covert Operations in Pakistan Yemen and Somalia

How Iran Copes with Sanctions?

According to the latest figures from the Natural Gas Vehicle Knowledge Base, Iran, with the world’s second-largest natural gas reserves after Russia, in 2011 became the world leader in natural gas vehicles with some 2.9 million on the road, narrowly edging Pakistan, which is trailed by Argentina, Brazil and India, respectively.  Iran’s reliance on its cleaner fossil fuel seems unlikely to diminish as international sanctions continue to bear down on its nuclear program, which in turn have curbed imports of gasoline; though Iran has large oil reserves, its ability to refine its own gasoline falls well short of its needs.  But for ordinary Iranian motorists, natural gas is less a geopolitical or environmental issue than a pocketbook concern. “This sort of fuel is cheap, and it gets me home every day — that’s what I care about,” said Sasan Ahmadi, a 42-year-old office assistant filling up his Iranian-made Kia Pride at a natural-gas station for his hour commute home.

The government began promoting natural gas about a decade ago, and not just in response to American-led sanctions. A big initial reason was the increasingly thick yellow blankets of smog that often engulf greater Tehran and its 12 million inhabitants. That was a result of rising auto sales by domestic carmakers like Iran Khodro and Saipa, which took off as oil revenue began rising sharply around 15 years ago, enriching tens of millions of Iranians…..

As a means to counter outside economic pressure, natural gas’s usefulness is clear. Because of its inadequate investment in oil refineries, Iran has long been forced to refine a portion of its own crude at refineries in Europe to satisfy rising domestic demand for gasoline. So when the European Union in July barred gasoline sales to the country, natural gas helped to blunt the blow.

Despite the sanctions against Iran, motorists like Mr. Ahmadi can make their commute for the equivalent of less than a penny a mile using the alternative fuel at subsidized prices. Gasoline is more expensive, especially because government subsidies have been reduced, but it is still incredibly cheap by Western standards: less than $1 a gallon….

Excerpt, THOMAS ERDBRINK, Oil-Rich Iran, Natural Gas Turns Wheels, New York Times, Oct. 23, 2012

United States Air Dominance

The Pentagon is inviting the aerospace industry to help brainstorm the next era in U.S. air- combat superiority after the F-35 and F-22 fighters are retired, decades from now.  Reflecting the rise of drone warfare, an 18-month evaluation will consider both piloted and unmanned aircraft working in tandem with a network of weapons, sensors, electronic warfare and command-and-control capabilities, according to a memo by Frank Kendall, the under secretary of defense for acquisition, obtained by Bloomberg News.  The intent of the “concept definition” initiative is to start preparing the Pentagon for a time when today’s F-22 jets and the new F-35s still being developed reach the end of their service lives. The Defense Advanced Research Projects Agency will sponsor the effort, providing $20 million to $30 million in funds, according to Kendall…

The Pentagon assumes 8,000 hours of flying time for each of the planned 2,443 F-35s over 30 years. The Air Force, Navy and Marine Corps have their own variations of the aircraft, with the last in the fleet to be produced in 2035.

The F-35 program has been subject to criticism for its ballooning cost, which at $395.7 billion is up 70 percent percent from the $233 billion projected when Lockheed Martin won the program from Boeing Co. (BA) in late 2001, after adjusting for inflation.  The plane, known as the Joint Strike Fighter, has been the Pentagon’s only high-performance aircraft in development for a decade.  The Pentagon has spent $67 billion to buy 188 of the supersonic F-22 jets from Lockheed Martin. The military plans to spend an additional $11.7 billion to upgrade the planes, which were conceived during the Cold War as a fighter for the 21st Century.

The Defense Advanced Research Projects Agency, or Darpa, is the Pentagon research arm dedicated to maintaining the U.S. military’s technology edge. The agency, which played a role in developing the Internet, displays on its website the slogan, “Creating & Preventing Strategic Surprise.”  Agency spokesman Eric Mazzacone said Darpa “is in the early stages of working” with the Navy and Air Force to develop an implementation plan, including the timing of the competition among contractors.  Kendall said the new competition can help sustain the U.S. defense industry’s expertise in military aviation design, which he called “an important national resource.”  “Our ability to design cutting-edge platforms of this type is already atrophying” and the “potential for viable future competition in this area will shrink or be eliminated” if the Pentagon “doesn’t take action soon,” Kendall said.

Excerpt, By Tony Capaccio, U.S. Launches Air-Combat Brainstorm: What’s After F-35?, Bloomerg Businessweek, Oct. 22, 2012

Private Military Firms and their Bonanzas

The past decade – particularly the U.S.-led wars in Iraq and Afghanistan – provided rich pickings for firms providing private armed guards, drivers and other services that would once have been performed by uniformed soldiers.  But as the conflicts that helped create the modern industry wind down, firms are having to adapt to survive. They must also, industry insiders say, work to banish the controversial image of mercenary “dogs of war” that bedevil many firms, particularly in Iraq, Reuters reports. “This industry has always gone up and down,” Doug Brooks, president of the International Stability Operations Association (ISOA), told Reuters on the sidelines of its annual conference in Washington. “What we’re seeing now is that it is becoming much more mature – and much more responsible.”

The free-for-all atmosphere that pervaded the industry, particularly in the early years of the war in Iraq, insiders say, appears gone for good. A string of high profile incidents – often involving armed private guards firing on sometimes unarmed Iraqis – trashed the reputation of firms such as Blackwater, a Virginia-based firm since renamed several times, as well as the wider industry.  Members of the ISOA – which include some but not all of the major contracting firms as well as smaller players – subscribe to a code of conduct that they say helps identify responsible firms.

Despite these efforts, industry insiders and other observers say quality remains mixed. Some firms providing armed guards for merchant ships passing through the Somali pirate-infested Indian Ocean, for example, only hire elite personnel who have served in the Marines or special forces. Others, however, have a reputation for being less discriminating and for unreliable staff and weapons.  In the aftermath of last month’s attack on the U.S. diplomatic mission in Benghazi, which killed the U.S. ambassador to Libya and three other Americans, critics have seized on the hiring of a little-known British private security firm now accused of providing inadequate protection at the mission….

The most vulnerable firms, many in industry say, may be those who have relied on ongoing U.S. military work that is now drying up as the Pentagon “Operational Contingency Allowance” – the additional funding earmarked for the wars – tapers off.  At its peak, the U.S. Commission on Wartime Contracting, a bipartisan legislative commission established to study wartime contracting in Iraq and Afghanistan, estimated there might have been as many as 260,000 contractors in the two countries.

“At the moment, everyone is looking for work that is not OCA-funded,” one industry executive told Reuters on condition of anonymity, saying he expected an era of mergers and even bankruptcies. “It’s going to be like when the tide goes out at the beach and you suddenly find out who has been naked.”  New Pentagon priorities, many believe, will provide fewer openings for traditional private military contractors. Washington’s strategic “pivot” to the Asia-Pacific region will involve mainly warships or uniformed Marines, with little need for extra hired muscle.  Companies that take a broader approach and also provide logistic, intelligence and other functions, however, could have a much better decade.  “If your definition of a private security contractor is only someone with a gun at a checkpoint in Afghanistan, then yes, you may be seeing a decline,” says David Isenberg, an adjunct scholar at the Cato Institute in Washington.  “But if your definition is of private contractors performing tasks that would once have been done almost exclusively by government and military, it’s a very different picture.”

When it comes to conventional security, many in the industry believe the real growth will come from serving the private sector – particularly the oil, gas and mining industries.  Even with U.S. troops gone from Iraq and the number of government contractors down, some companies say they are finding strong demand from energy firms for protection, particularly around Basra in southern Iraq.  “We are as busy as ever and the need has never been greater,” said Pete Dordal, senior vice president at GardaWorld, a global risk management and security services firm. “I don’t want to say it’s a gold rush, but business is very good.”

Private security firms, insiders say, evacuated the vast majority of the thousands of foreign nationals plucked from Libya as its civil war erupted early last year. Most were contracted by other private firms, although governments also used them heavily. London-based Control Risks told Reuters last year that China hired it directly to fly hundreds of its nationals out by airliner.

Some in the industry believe the number of contractors in Afghanistan could even rise with the planned departure of all U.S. combat troops in 2014, as mining companies exploit largely untapped mineral resources.  It’s a similar picture in Africa, where even in war-torn Somalia, a handful of companies are setting up shop. They often work with local tribes and other groups to safeguard visiting journalists, business representatives and prospectors.  Focusing on finding reliable local staff, some say, may ultimately prove both cheaper and more reliable than foreign hired guns. In Libya, some energy firms long turned to local desert tribes to protect their facilities – a tactic that proved remarkably effective during last year’s civil war after foreign security staff were swiftly withdrawn.

The trick may be to avoid having grandiose ambitions.  A handful of British firms in particular have made millions from providing on-board protection teams for Indian Ocean shipping. But those who have tried to go a step further and start their own private navies – hoping to escort merchant ships for cash – have struggled to find sufficient funding.

Within Somalia some credit the hiring of private contractors with Gulf state money to bolster the Coast Guard of the independent enclave of Puntland as being behind recent drops in pirate attacks. But it proved so controversial that funding was eventually pulled, leaving behind half-trained local fighters that some worry could prove a regional security threat in their own right.

Private contractors are increasingly central to operations such as the African Union’s AMISOM peacekeeping mission in Somalia, performing roles such as bomb disposal, logistics and technical support. ISOA and some experts argued they could do much, much more.  The few dozen foreign contractors from the now-defunct British firm “Executive Outcomes,” together with the hundreds of local fighters they trained, are often credited with turning the tide in Sierra Leone’s 2001 civil war.  But after years of discussions at the United Nations, few of the world’s governments appear enthusiastic about the idea of private security firms becoming the norm.  “In some places, contractors might be more effective than some of the troops from contributing nations,” said Edmond Mulet, U.N. Assistant Secretary General for Peacekeeping Operations.  “But the U.N. is simply the sum of its member states and some of them are opposed to the use of contractors in some roles,” he told the conference.

As Iraq and Afghan wars end, private security firms adapt, Reuters, Oct. 22, 2012

Cost per Kill of Drones Armed with Cheap Weapons

Guided missiles are ludicrously expensive. A Tomahawk cruise missile costs about $1.5m, and even the Hellfire, an air-to-ground rocket that weighs a mere 50kg, is $115,000 a pop. In exchange for, say, an enemy tank, that is probably a fair price to pay. To knock out a pick-up truck crewed by a few lightly armed guerrillas, however, it seems a little expensive, and using its shoulder-fired cousin the Javelin ($147,000) to kill individual soldiers in foxholes, as is often the case in Afghanistan, is positively profligate. Clearly, something has to change. And changing it is.

An early sign of this change came in March 2012, with the deployment in Afghanistan of the APKWS II (Advanced Precision Kill Weapons System) made by BAE Systems and Northrop Grumman. The APKWS II is a smart version of the old-fashioned 70mm (2.75-inch) rocket, which has been used by America’s armed forces since 1948. It is also cheap, as guided missiles go, costing $18,000 a shot.  The APKWS II is loaded and fired in the same way (pictured above) as its unguided predecessors, from the same 19-round pods, making its use straightforward. The difference is that it can strike with an accuracy of one metre because it has been fitted with a laser-seeking head which follows a beam pointed at the target by the missile’s operators. This controls a set of fins that can steer the missile to its destination.  Standard practice with unguided 70mm missiles is to use as many as two pods’ worth (ie, 38 rockets, at $1,000 a round) to blanket a target. That means the APKWS II comes in at less than half the cost per kill. It also means that many more targets can be attacked on a single mission.

BAE and Northrop are merely the first to market with this sort of device. ATK, Lockheed Martin and Raytheon are all close behind. Meanwhile, the American navy has been working on its own cheap guided missile, the Low-Cost Imaging Terminal Seeker (LCITS), which it tested successfully last year.  The LCITS is another upgraded 70mm weapon, but instead of laser guidance it picks out its targets by their heat signature. Because the operators do not need to keep pointing a laser at the target, they can fire several missiles in quick succession—a useful feature if a ship is being attacked by a swarm of boats.

Smaller precision weapons are useful, too, in circumstances where weight is a crucial factor. Shadow, a drone used by the American, Australian and Swedish armies, is too light to be able to carry Hellfires and is thus, at the moment, restricted to reconnaissance duties. But not for much longer. Shadows are now being armed with a small, still-classified guided missile. This follows the earlier success of arming Hunter drones with Viper Strike, a laser-guided glide bomb weighing 20kg originally developed by Northrop Grumman as an anti-tank weapon and now owned by MBDA. Viper Strike, along with Raytheon’s Griffin, a similar weapon, also arms the marines’ Harvest Hawk, an aerial gunship based on the Hercules transport aircraft. Viper Strike means these aircraft are capable of hitting a large number of targets with great precision from a distance of several kilometres.

The most determined effort to develop a small, cheap guided weapon, though, is the Forward Firing Miniature Munition (F2M2, or Spike missile), from the Naval Air Weapons Station in China Lake, California. Steve Felix, the F2M2’s project manager, wanted to make such a weapon for just $5,000, using off-the-shelf components. The result, which weighs less than 3kg and is the size of a baguette, is claimed to be the world’s smallest.  Spike has been tested successfully as a shoulder-launched missile, and also fired from drones. It has an ingenious optical-guidance system—a camera that can either lock on to an operator-designated object or can pick up a laser spot and home in on it. It has a range of 1,500 metres and, though the warhead is too small to damage a tank, it can destroy cars and other light targets far more cheaply than the alternatives.

Precision weapons have already changed warfare radically, even though they have sometimes raised the price of battle. Low-cost guided missiles, often carried on small drones rather than expensive piloted aircraft, will change it further still. When such missiles cost a thousand dollars rather than a million, no target will be too cheap to engage.

Excerpts, Cheap smart weapons: Rockets galore, Economist, Sept. 29, 2012, at 85

The Deadly Weapon Dumps

Taking stock of an ammunition depot can be a deadly task…Last year was the worst yet, with 442 victims from 46 explosions. One of the biggest ever happened in March this year: an accident in Congo-Brazzaville that killed 250, showering munitions over a two-mile radius.  Thousands of ill-run weapons stores are in restless parts of Africa and the Middle East, often near towns or cities. The end of the cold war left unneeded weapons all over the Soviet empire. Moldova spends a quarter of its defence budget guarding obsolete munitions. Ukraine alone has half a million tonnes.

Most high explosives are inherently stable. But the propellant that launches projectiles from gun barrels is not. Over time it eats away at the stabilising compounds—especially in hot weather—until spontaneous detonation occurs. In rich and strict countries munitions are tested and dealt with before that happens. In poorer places, the temptation is to trust to luck. Many are also reluctant to give up their arsenals, particularly if they are unsure they can be replaced. Somaliland, an independence-seeking statelet in the Horn of Africa, for example, has curbed the destruction of its ageing weapons because international sanctions stop it buying new ones.

Small slip-ups can have grave consequences. At a weapons dump in the Rajasthan desert in India, a gardener was sacked to save money. Unkempt long grass then caught fire, triggering an explosion in April 2000 that killed two soldiers and destroyed $90m of ammunition.

Bad management of weapons dumps makes life easier for thieves and dodgy customers. It is a big headache for Western countries worried about advanced weapons such as shoulder-launched missiles, or those suitable for use by insurgents or independent militias. This is a particular problem in Libya, where Muammar Qaddafi, the former dictator, spread his arms around more than 500 supply points to avoid NATO’s air strikes.

The simplest means of disposal is to blow weapons up in a hole in a remote location. But they must be expertly stacked to ensure everything explodes properly. And for big stockpiles, and in countries with tough environmental rules, that may not be possible. Alternative solutions include movable facilities that remove explosives from their casings, cut them into small pieces and burn them in a furnace. But for big munitions such schemes are costly and so far still untested.

Landmines get far more money and legal scrutiny than ammunition dumps, because of their dire effects. But perhaps too much. Adrian Wilkinson, a UN explosives specialist, reckons landmines have killed roughly five times as many people, but at least 100 times more is spent on dealing with them.

Ammunition depots: Storing up risk, Economist, Sept. 29, 2012, at 66

Water/Oil/Gas Wars: the Stans of Central Asia

Tajikistan’s president, Emomali Rakhmon, likes things big. He has built the world’s tallest flagpole. Last year he opened the region’s largest library (with few books in it so far). But one gigantic project is proving contentious with the neighbours: building the world’s tallest hydroelectric dam.

Islam Karimov, the strongman who rules downstream Uzbekistan, says the proposed 335-metre Rogun dam, on a tributary of the Amu Darya, will give Tajikistan unfair control over water resources and endanger millions in the event of an earthquake. On September 7th, he said such projects could lead to “not just serious confrontation, but even wars”.  Mr Karimov wasn’t talking only about Tajikistan. Upstream from Uzbekistan on a tributary of the region’s other major river, the Syr Darya, Kyrgyzstan is seeking investment for a project of its own, called Kambarata. The two proposed dams (Rogun at 3.6 gigawatts and Kambarata at 1.9) would theoretically end their respective countries’ frequent power shortages and provide badly needed export earnings.

Both were conceived in the twilight of the communist era and stalled when subsidies from Moscow evaporated at independence. Soviet leaders envisioned managing the region’s water flows, energy trades and competing interests, and their Russian successors still maintain an interest. During a visit to Bishkek on September 20th, Russia’s president, Vladimir Putin, promised help with Kambarata in exchange for, among other things, an extension of military-basing rights in Kyrgyzstan. Tajikistan has sought Russian help for Rogun, too. Mr Putin promised $2 billion for the dam in 2004. But that deal fell apart three years later, when the two countries could not agree about the dam’s height.

Spurring on both projects is Uzbekistan’s bad behaviour, egregious even in a tetchy region. Unlike Uzbekistan, neither Tajikistan nor Kyrgyzstan, the two poorest former Soviet republics, has reliable access to oil or gas. Uzbekistan’s Mr Karimov has a habit of changing gas prices and cutting deliveries during the coldest months. He has prevented electricity supplies to his indigent neighbours from transiting his country’s Soviet-era grid. Uzbekistan has also unilaterally closed most border checkpoints with both upstream countries, set mines along parts of the boundary with Tajikistan, and often holds up commercial traffic. When a rail bridge in southern Uzbekistan mysteriously exploded last autumn, depriving southern Tajikistan of its rail connections, few believed Uzbek claims of a terrorist attack. Indeed, rather than fix the track, the Uzbeks dismantled it. Tajikistan calls the actions a blockade.

Though it seems unlikely Mr Karimov will drive his tanks over the border just yet, shoot-outs on the disputed borders are not uncommon. All of this worries NATO officials. All three countries help supply the war in Afghanistan and will be crucial for NATO’s withdrawal.

Excerpt, Water wars in Central Asia: Dammed if they do, Economist, Sept. 29, 2012, at 44

One the international agreements between states on water and electricity exchanges, see Elli Louka International Environmental Law

Nuclear Waste Island, Orchid, Taiwan

Most people on the windswept outpost, 62 kilometres east of Taiwan’s mainland, would love to see the 100,277 barrels of nuclear waste gone. But many admit they are concerned about their livelihoods if that day comes.  Orchid Island has been a flashpoint for Taiwan’s environmental movement since nuclear waste was first shipped there in 1982. Local residents, mostly members of the Tao aboriginal group, say the waste was put on the island without their consent. Periodic protests have claimed negative health and environmental effects.

In response, Taiwan Power Co has showered the community with cash handouts, subsidies, and other benefits.  Orchid Island received subsidies worth 110 million Taiwan dollars in 2011, according to company data. That doubled local government spending, according to township secretary Huang Cheng-de.  “The current situation, basically, is that Taipower gives us quite a bit of money, and our people are becoming pretty reliant,” Huang said.  Most of the funds are divided into government-managed accounts for each of the island’s 4,700 residents, who can apply for it if they have a business or career-oriented need. Residents also receive free electricity, health-related emergency evacuations, scholarships for higher education and a 50-per-cent discount on all transportation costs to Taiwan’s mainland.  Statistics indicate local residents are taking advantage of the benefits. In 2011, they used nearly twice as much electricity per household as the national average, according to company data.

Protests have weakened and for many residents, including Chou the restaurant owner, the existence of nuclear waste has become more acceptable.  “Most people here are against the nuclear waste, but since its already here, they should pay us for using our land,” Chou said. “For now, I’m okay with it as long as they don’t add any more barrels.”  The utility plans to move the waste off the island by 2021, but only if another township in Taiwan agrees by referendum to take it, according to Huang Tian-Huang, a company deputy director.  If it goes to plan, “so goes the compensation,” Huang said, although he acknowledged that gaining consent from another community will be difficult.  Questions remain on what would support Orchid Island’s economy if those subsidies end.

For Taiwan aborigines, nuclear waste is blessing and curse, http://www.timeslive.co.za, Sept. 16, 2012

Nuclear Waste Russia: Andreyeva Bay

Andreyeva Bay, the former naval technical base come solid radioactive waste storage facility has undergone many improvements, but problems also remain. Andreyeva Bay is one of the hottest radioactive spots in Northwest Russia and work deadlines are hard to meet.  Founded in between 1960 and 1964, Andreyeva Bay’s task was to remove, store and ship for reprocessing at the Ural Mountains Mayak Chemical Combine spent nuclear fuel from nuclear submarines. After a 1982 accident in the spent nuclear fuel storage, Russia Ministery of Defense decided to reconstruct the facility. But the turbulent political and economic conditions of the 1980s and 1990s scuttled the plans. Andreyeva Bay was assigned to Minatom, Rosatom’s precursor, in 2000.  The beleaguered facility, which is nearby the Norwegian border is of special concern to Oslo. Norway’s Deputy Ambassador in Moscow, Bård Svendsen, noted that the two countries had cooperated on solving the Andreyeva bay issue for many years.  “Over these years, much has been done and much remains to be done,” said Svendsen. “Norwegian authorities will continue this work, which costs some €10 million euro a year.”  According to Rosatom’s deputy head of Department for Project Implementation and Nuclear and Radiaiton Safety, Anatoly Grigorieyev, the last 10 years have seen the installation of constant radiation monitoring and significant improvements in the conditions in which radioactive waste and spent nuclear fuel is stored.  A new installation for working with spent nuclear fuel is expected to be installed at Andreyeva Bay in 2014, and by 2015 the fuel is slated for removal – the same year a facility for handling radioactive waste should be installed, he said in remarks reported by Regnum news agency.  “The work we have planned will allow for the territory to be brought up to suitable conditions within 10-15 years,” said Grigorieyev.

Vladimir Romanov, deputy director of the Federal Medical and Biological Agency, said that studies conducted by his institute confirm that the radiological conditions at Andreyeva Bay and at Gremikha – the second onshore storage site at the Kola Peninsula for spent nuclear fuel from submarines – are indeed on the mend…. According to Valery Panteleyev, head of SevRAO, the Northwest Russian firm responsible for dealing with radioactive waste Some 846 spent fuel assemblies have been taken from storage at the former naval based to the Mayak Chemical Combine for reprocessing thanks to infrastructure built for fuel unloading purposes.  Panteleyev said Gremikha still currently is home to used removable parts from liquid metal cooled reactors submarine reactors, spent fuel assemblies, a reactor from an Alpha class submarine and more than 1000 cubic meters of solid radioactive waste.  Panteleyev said that by the end of 2012, all standard and non-standard fuel will have been sent to Mayak from Gremikha. He said that between 2012 and 2020 the removable parts of the liquid metal cooled reactors would also be gone, and that during the period between 2012 and 2014, 4000 cubic meters of solid radioactive waste would also be removed to long term storage at Saida Bay.  If all goes according to schedule, the Gremikha site will be rehabilitated by 2025.

Rosatom also presented detailed reports on an international project to build long-term storage for reactor compartments at the Saida Bay storage site for aged submarine reactors.  Panteleyev said none of the achievements at either Saida Bay or Gremikha would have been possible without international help.  The projects are being completed with funding from Germany, Italy, France, Norway, Sweden, Great Britain and the EBRD.  “These countries are investing in the creation of infrastructure for handling radioactive waste and spent nuclear fuel, dismantlement of nuclear vessels of the atomic fleet and in the infrastructure for the safe storage or reactor compartments,” said Panteleyev….

Another item of special concern at the Bellona/Rosatom seminar was the disposition of the floating spent nuclear fuel vessel, the Lepse. A former technical support vessel, taken out of service in 1988 the Lepse presents the biggest nuclear and radiation risk of all retired nuclear service ships in Russia. The Lepse’s spent nuclear fuel storage holds – in casks and caissons – 639 spent fuel assemblies, a significant portion of which are severely damaged.  Extraction of these spent fuel assemblies presents special radiological risks and technical innovation. The vessel is currently moored at Atomflot in Murmansk, the base of Russia’s nuclear icebreaker fleet.  Mikhail Repin, group director for the Russian Federal State Unitary Enterprise the Federal Center for Nuclear and Radiation Safety, said work on the Lepse is divided into three categories: transfer of the vessel to the ship repair yard Nerpa in the Murmansk Region, fixing it to an assembly based, removing the spent fuel and dividing into blocks. The work is expected to be complete by 2012.  But the barriers to enacting this project, however, remain largely bureaucratic.  “One gets the impression that international and Russian bureaucrats are capable of muddling any project, as shown by the experience with the Lepse,” said Bellona’s Niktin. The project of dismantling the Lepse have remained on paper since 1995.  The Lepse was built in 1930, and the vessel has been afloat for 75 years, said Repin… The equipment necessary for removing the spent fuel assemblies must be fabricated for specifically this project. The equipment must first ensure the safety of the workers, meaning the work will have to be done essentially remotely to ensure minimum exposure.

Safety of Nuclear Fuel at Pools: From Fukushima to Yucca Mountain

An Entergy Corp.  unit sued the U.S. for $100 million alleging the government breached a contract for disposal of nuclear waste at two plants in Michigan.  Entergy Nuclear Palisades LLC, owner of the Palisades Nuclear Plant and the Big Rock Point plant, alleged yesterday that the Energy Department collected fees under a 1983 contract without ever starting to dispose of the radioactive material. The suit is in the U.S. Court of Federal Claims in Washington.  Entergy and a previous owner of the shuttered Big Rock Point plant “have fully complied with all their fee payment obligations under the contract,” according to the complaint. “The government, however, has failed to perform its reciprocal obligation to dispose of spent nuclear fuel, and currently has no plan to meet these obligations.”

Entergy’s lawsuit is the latest legal challenge stemming from the federal government’s failure to create a central, long- term facility to store nuclear waste.  Most nuclear-plant owners continue to store spent nuclear fuel onsite despite contributing for decades into a fund meant to finance a central waste depository.

The U.S. Nuclear Regulatory Commission is freezing U.S. operating licenses for at least two years as it reassesses waste-storage risks and strategies in response to a June 8 order by the U.S. Court of Appeals in Washington.  See US Court of Appeals

Entergy Corp., based in New Orleans, is the second-largest owner of nuclear plants in the U.S.  Through June 30, Entergy and Consumers Energy Co., the former owner of Big Rock Point, have paid about $274 million into the fund under the contract, the company said. Charles Miller, a Justice Department spokesman, declined to comment on the lawsuit.

The case is Entergy Nuclear Palisades LLC v. U.S., 12-cv- 1641, U.S. Court of Federal Claims (Washington).

By Tom Schoenberg and Julie Johnsson, Entergy Sues U.S. for Failure to Dispose of Nuclear Waste, Bloomberg, Sep 27, 2012

WTO and the Level Playing Field: Europe v. Russia

Europe’s trade chief threatened to take Russia to the World Trade Organization over a string of restrictive practices saying Moscow needed to play by the rules now it was a member of the global body.  Trade Commissioner Karel De Gucht singled out Russia’s ban on European live animal imports, plans to levy fees on imported vehicles, two anti-dumping cases and another trade defense case launched by Moscow against Europe in recent months.  In the same week that the European Commission opened an investigation into Russia’s Gazprom and China’s solar panel exports, De Gucht said the measures sent “the wrong signal”, Reuters reports.

“Membership of the WTO means a country is subject to the dispute settlement mechanism of that organization,” he told an EU-Russia seminar in Helsinki. “Russia should understand that Europe takes that mechanism very seriously and that we will not hesitate to enforce our rights where they are violated,” he added.

Russia joined the WTO last month after an 18-year wait. President Vladimir Putin said on Wednesday the country would use its membership to try to develop freer trade across the world, but he’ll also be hoping it will further boost the energy-driven $1.9 trillion economy.  De Gucht said Russia was violating WTO rules by keeping its markets closed to competitors.  “What these and other measures … have in common is that they affect products where significant market opening is due to take place under Russia’s WTO commitments,” De Gucht said.  “This is the wrong signal to send at a time when liberalization is supposed to be moving forward.”

Russia and the EU are deeply intertwined, with Europe relying heavily on Russian energy exports and Russians hungry for EU products and access to its 500 million consumers.  But the two sides argue over issues ranging from energy supplies, trade and market access to human rights. While relations are at times frosty, both refer to each other as “strategic partners” and meet for twice-yearly summits.  Negotiations between Russia and the EU towards closer economic and political ties have also stalled, and Brussels is concerned by Putin’s plan to develop a “Eurasian union” of ex-Soviet states, including Kazakhstan and Belarus.

EU warns Russia to play by WTO rules or face action, Reuters, Sept. 7, 2012

Russian President Vladimir Putin signed a decree giving the government the right to protect its natural gas-export monopoly, OAO Gazprom (GAZP), from an anti-trust inquiry by the European Union.  Putin’s measure bans strategic companies from disclosing information, disposing of assets or amending contracts without government approval in case claims are made by foreign states or entities, the president’s office said in an e-mailed statement from Moscow today. The Russian leader on Sept. 9 warned the EU, which relies on Russia for a quarter of its gas needs, that there would be “losses on both sides” if the issue isn’t resolved. He accused the 27-nation bloc of trying to shift responsibility for subsidizing former communist EU members onto Russia by forcing Gazprom to cut prices for customers in eastern and central Europe.

Excerpt, By Henry Meyer, Putin Moves to Protect Gazprom From EU Pricing Dispute, Bloomberg, Sept. 11, 2012

The Hundred Defects in Nuclear Plants: Europe

Hundreds of defects have been found throughout Europe’s nuclear reactors and mostly in France, according to a EU stress test report leaked to the German and French media.  A leaked EU stress test report says it it will cost €25 billion to bring Europe’s nuclear reactors up to international saftey standards   The stress tests assess whether any of Europe’s 143 licensed nuclear power plants can withstand extreme events such as earthquakes and terrorists attacks.  The tests were introduced after the nuclear accident in Japan’s Fukushima some 18 months ago. EU energy commissioner Gunther Oettinger is to present the final report and recommendations in the upcoming EU summit on 18 and 19 October…

The European Nuclear Safety Regulators Group (Ensreg), a group of senior officials from the national nuclear regulatory authorities from all 27 member states, said on Monday (October 1, 2012) in a statement said they have yet to be informed of the content of the report.  “The commission had not made available to Ensreg any draft of the communication. However, the content of a draft was known by some Ensreg members and this draft raised major problems and concerns in Ensreg,” said the group’s chairperson Tero Varjoranta.

Meanwhile, a preview into the content by French daily Le Figaro and German daily Die Welt suggests none of France’s 58 nuclear power plants meet, to varying degrees, the international security standards outlined by the International Atomic Energy Agency (IAEA).  “For the very first time in history, we know for all the nuclear power plants in Europe whether these very high standards are actually used or not used,” said Holzner.

Nineteen French reactors have no seismic measuring instruments, says Le Figaro. The paper also notes that safety and rescue equipment in case of disaster is not adequately protected unlike at German, British and Swedish reactors.  The report does not recommend shutting down any one EU nuclear power plant, say the papers, but notes that getting them up to standard would cost some €25 billion.

National regulators carry out the initial stress tests inspections. Teams of safety experts from the EU member states and the commission then scrutinize their conclusions followed by on-site spot checks.  For its part, Belgium’s national regulator, the federal agency for nuclear control (FANC), decided to shut down two of its seven reactors in August after having discovered thousands of cracks.  The discovery of the cracks came two months after having submitted their peer-reviewed EU stress tests in April.  “Results of the stress tests are still perfectly valid. In any case they had an altogether different purpose,” said FANC at the time.

Leaked EU nuclear stress tests reveal hundreds of defects, EUobserver.com, Oct. 2, 2012

Covert Ops in Pakistan, Yemen and Somalia: Civilians Killed

From the Bureau of Investigative Journalism:

Pakistan September 2012 actions: Total CIA strikes in September: 3 Total killed in strikes in September: 12-18, of whom 0-3 were reportedly civilians; All actions 2004 – September 30 2012: Total Obama strikes: 294;Total US strikes since 2004: 346; Total reported killed: 2,570-3,337; Civilians reported killed: 474-884; Children reported killed: 176; Total reported injured: 1,232-1,366

After seven strikes in August – the most in a single month since October 2011 – September saw a pause in the bombing which lasted 20 days. The respite coincided with many and sometimes violent anti-US protests around the world. Muslims were inflamed by a blasphemous film, produced in the US and posted online. Up to 17 people died in riots across Pakistan as public outrage at drone strikes reportedly added to the violence.

On September 24 two named al Qaeda militants were killed by the CIA. Saleh al Turki ’was not on the FBI’s bounty list, but was a mid level AQ guy’. However Abu Kahsha al Iraqi was described as ‘a liaison between al Qaeda and the Taliban’ and ‘long a target of Western counterterrorism agencies.’

Yemen September 2012 actions:Confirmed US drone strikes: 0; Further reported/possible US strike events: 4-5′ Total reported killed in US operations: 0-40;Civilians reported killed in US strikes: 0-12  All actions 2002 – September 30 2012: Total confirmed US operations: 52-62; Total confirmed US drone strikes: 40-50; Possible additional US operations: 117-133; Of which possible additional US drone strikes: 61-71; Total reported killed: 357-1,026; Total civilians killed: 60-163; Children killed: 24-34

US and Yemeni officials were unusually reticent in September in attributing air strikes to United States air assets, including drones. That may have been due to the deaths of eleven named civilians in a botched airstrike in Radaa in central Yemen, the worst loss of civilian life since at least 12 civilians were killed in May. Victims of the strike were buried 18 days later in Dhamar with police pallbearers.  Abdulraouf al Dahab was the supposed target of the strike. But it missed the alleged militant leader’s car and hit civilian vehicles. A ten-year-old girl Daolah Nasser was killed with her parents. Two boys – Mabrook Mouqbal Al Qadari (13) and AbedalGhani Mohammed Mabkhout (12) – were also among those killed.  Some reports said US drones carried out the strike. The Yemen Air Force publicly claimed responsibility for the attack but it lacks the technical capability to strike a moving target.  That fact was confirmed by President Hadi on a visit to Washington, where he also claimed to approve every US strike carried out in Yemen, and downplayed civilian deaths  A suspected US drone killed at least six people, eight days after the Radaa strike. Said al Shehri was initially reported among the dead. But subsequent reports say the former Guantanamo inmate and al Qaeda’s number two in Yemen survived the attack.

Somalia September 2012 actions:  Total reported US operations: 0;All actions 2007 – September 30 2012 Total US operations: 10-23; Total US drone strikes: 3-9; Total reported killed: 58-170;  Civilians reported killed: 11-57; Children reported killed: 1-3

Once again no US combat operations were reported for September, although a former UN official told the Bureau that as much as 50% of secret actions by various forces operating in Somalia go unreported. Two previously unrecorded operations have been added to the Bureau’s data. These relate to possible US strikes on al Shabaab bases in Puntland in August, and in Kismayo in October 2011.  Kenyan Defence Force (KDF) troops finally struck al Shabaab’s last stronghold, Kismayo, in Operations Sledge Hammer alongside soldiers of the Somalia National Army. The KDF is fighting in Somalia as a part of the Amisom peacekeeping force and attacked Kismayo from the land and sea before dawn on September 28. Initial reports said they met with some resistance from al Shabaab but had taken control of the city’s port. It is possible that US forces assisted the operation.  A Somali diplomat told the Bureau that the outgoing Transitional Federal Government opened its doors to the US and others to fight al Shabaab, and in doing so allowed them ‘a licence to completely ignore any local or international law.’ US Special Forces and CIA are operating across Somalia. And the US is supporting proxy forces with training and weapons

Jack Serle and Chris Woods, Bureau of Investigative Journalism, September 2012 update, Oct. 1, 2012

The US Campaigns of Attrition: Iran, Iraq

There is another…theory, that Iran will persist in its drive to achieve a bomb—or at least a break-out capacity to get one quickly if it so desired. The Iranians say they never trusted Mr Obama’s offer of detente early in his presidency because of the heavier sanctions and the campaigns of sabotage and assassination that accompanied the offer. In the same vein,they deplore the American administration’s recent decision to drop its longstanding classification of the exiled People’s Mujahedeen of Iran as a terrorist organisation.

So Iran’s rulers will not easily trust future pledges to lift sanctions in return for nuclear concessions. In any event, Iran’s leaders may now believe that such concessions would destroy the Islamic Republic’s credibility and open it to a recurrence of the unrest that followed Mr Ahmadinejad’s disputed re-election in 2009. So it is possible that an American policy of containment, even an undeclared one, might lead to a long campaign of attrition of the kind that impoverished Iraq in the 1990s, while leaving its leader in power.

Anticipating trouble, Iran’s hardliners have been stifling the remaining repositories of dissent as fiercely as ever. The most notable of these is Akbar Hashemi Rafsanjani, an establishment heavyweight and former president who became an opposition figurehead after the contentious poll of 2009. The two most controversial of his five children—his daughter Faezeh and his son Mehdi—have recently been arrested, undoubtedly with the approval of Iran’s supreme leader, Ali Khamenei. Mr Rafsanjani had been expected to put up a fight when Mr Khamenei tries, as he probably will, to install his own nominee as president in elections that are due next spring. But with his children behind bars, the former president may favour circumspection over principle.

Excerpt, Iran: Behind the rants, uncertainty grows, Economist, Sept. 29,2012, at 54

US Special Forces in Iraq to Stop Russia

The civil war in Syria is testing Iraq’s fragile society and fledgling democracy, worsening sectarian tensions, pushing Iraq closer to Iran… just nine months after American forces ended their long and costly occupation here.  Fearing that Iraq’s insurgents will unite with extremists in Syria to wage a two-front battle for Sunni dominance, Prime Minister Nuri Kamal al-Maliki recently ordered guards at the western border to block adult men…along with thousands of refugees seeking to escape the grinding war next door.  Farther north, Iraqi officials have another concern, also related to the fighting across the border. Turkish warplanes have stepped up attacks on the mountain hide-outs of Kurdish insurgents galvanized by the war in Syria, underscoring Iraq’s inability to control its own airspace.

The hardening of the antagonists’ positions in Syria — reverberating across Iraq — was made clear Monday at the United Nations when the new special envoy for Syria, Lakhdar Brahimi, gave a bleak appraisal of the conflict to the Security Council and said he saw no prospect for a breakthrough anytime soon.

The Syrian war’s spillover has called attention to uncomfortable realities for American officials: despite nearly nine years of military engagement, an effort that continues today with a $19 billion weapons sales program, Iraq’s security is uncertain and its alliance with the theocratic government in Tehran is growing. Iraq’s Shiite-dominated leadership is so worried about a victory by Sunni radicals in Syria that it has moved closer to Iran, which shares a similar interest in supporting the Syrian president, Bashar al-Assad.,,,

In response, the United States has tried to secure its interests in Iraq. It has unsuccessfully pressed Iraq to halt flights from Iran that traverse Iraqi airspace to ferry weapons and fighters to the Assad government, although The Associated Press reported that over the weekend a government spokesman said Iraq would begin random searches of Iranian aircraft.  While some Congressional leaders have threatened to cut off aid to Iraq if the flights do not stop, the United States is trying to speed up weapons sales to Iraq to secure it as an ally, said Lt. Gen. Robert L. Caslen Jr., the American commander in charge of that effort. As regional security deteriorates, the United States is finding it hard to deliver the weapons — especially antiaircraft systems — quickly enough to satisfy the Iraqis, who in some cases are looking elsewhere, including Russia.

“Although they want a strategic partnership with the United States, they recognize the vulnerability, and they are interested in going with the nation that will be able to provide them, and meet their need, their capabilities gap, as quickly as possible,” said General Caslen, who oversees a Pentagon office here, under the authority of the American Embassy, that brokers weapons sales to Iraq.  The United States is providing Iraq with refurbished antiaircraft guns, free of charge, but they will not arrive until June. In the meantime, the Iraqis have collected cold war-era missiles found in a junkyard on an air base north of Baghdad, and they are trying to get them in working order. Iraq is negotiating with Russia to buy air defense systems that could be delivered much more quickly than those bought from the United States.

“Iraq recognizes they don’t control their airspace, and they are very sensitive to that,” General Caslen said. Each time Turkish fighter jets enter Iraq’s airspace to bomb Kurdish targets, he said, Iraqi officials “see it, they know it and they resent it.”  Iskander Witwit, a former Iraqi Air Force officer and member of Parliament’s security committee, said, “God willing, we will be arming Iraq with weapons to be able to shoot down those planes.”

The American military withdrew at the end of last year after negotiations for an extended troop presence collapsed because the Iraqis would not agree to extend legal immunities to any remaining force. Once the Americans left, Iraq celebrated its sovereignty, even as military officials in both countries fretted about the deficiencies of Iraq’s military and sought ways to work together that would not require a public debate about immunities.  Iraq and the United States are negotiating an agreement that could result in the return of small units of American soldiers to Iraq on training missions. At the request of the Iraqi government, according to General Caslen, a unit of Army Special Operations soldiers was recently deployed to Iraq to advise on counterterrorism and help with intelligence.

Excerpts from TIM ARANGO, Syrian War’s Spillover Threatens a Fragile Iraq, NY Times, Sept. 24, 2012

Drones: the Politics of Fear and Complacency

Excerpt from the Executive Summary Living Under Drones Death, Injury, and Trauma to Civilians From US Drone Practices in Pakistan (Stanford and NYU, Sept. 2012)

In the United States, the dominant narrative about the use of drones in Pakistan is of a surgically precise and effective tool that makes the US safer by enabling “targeted killing” of terrorists, with minimal downsides or collateral impacts. This narrative is false…

The US publicly describes its drone program in terms of its unprecedented ability to “distinguish …effectively between an al Qaeda terrorist and innocent civilians,” and touts its missile-armed drones as capable of conducting strikes with “astonishing” and “surgical” precision. First, while civilian casualties are rarely acknowledged by the US government, there is significant evidence that US drone strikes have injured and killed civilians. In public statements, the US states that there have been“no” or “single digit” civilian casualties.” It is difficult to obtain data on strike casualties because of US efforts to shield the drone program from democratic accountability, compounded by the obstacles to independent investigation of strikes in North Waziristan. The best currently available public aggregate data on drone strikes are provided by The Bureau of Investigative Journalism (TBIJ), an independent journalist organization.

TBIJ reports that from June 2004 through mid- September 2012, available data indicate that drone strikes killed 2,562-3,325 people in Pakistan, of whom 474-881 were civilians, including 176 children. TBIJ reports that these strikes also injured an additional 1,228-1,362 individuals….

US drone strike policies cause considerable and under-accounted for harm to the daily lives of ordinary civilians, beyond death and physical injury. Drones hover twenty-four hours a day over communities in northwest Pakistan, striking homes, vehicles, and public spaces without warning. Their presence terrorizes men, women, and children, giving rise to anxiety and psychological trauma among civilian communities. Those living under drones have to face the constant worry that a deadly strike may be fired at any moment, and the knowledge that they are powerless to protect themselves….

Publicly available evidence that the strikes have made the US safer overall is ambiguous at best. The strikes have certainly killed alleged combatants and disrupted armed actor networks. However, serious concerns about the efficacy and counter-productive nature of drone strikes have been raised. The number of “high-level” targets killed as a percentage of total casualties is extremely low—estimated at just 2%. Furthermore, evidence suggests that US strikes have facilitated recruitment to violent non-state armed groups, and motivated further violent attacks…..

Drone strikes have also soured many Pakistanis on cooperation with the US and undermined US-Pakistani relations. One major study shows that 74% of Pakistanis now consider the US an enemy.

Current US targeted killings and drone strike practices undermine respect for the rule of law and international legal protections and may set dangerous precedents. This report casts doubt on the legality of strikes on individuals or groups not linked to the terrorist attacks of September 11, 2011, and who do not pose imminent threats to the US. The US government’s failure to ensure basic transparency and accountability in its targeted killing policies, to provide necessary details about its targeted killing program, or adequately to set out the legal factors involved in decisions to strike hinders necessary democratic debate about a key aspect of US foreign and national security policy. US practices may also facilitate recourse to lethal force around the globe by establishing dangerous precedents for other governments….

In light of these concerns, this report recommends that the US conduct a fundamental re-evaluation of current targeted killing practices, taking into account all available evidence, the concerns of various stakeholders, and the short and long-term costs and benefits. A significant rethinking of current US targeted killing and drone strike policies is long overdue. US policy-makers, and the American public, cannot continue to ignore evidence of the civilian harm and counterproductive impacts of US targeted killings and drone strikes in Pakistan….

The US should fulfill its international obligations with respect to accountability and transparency, and ensure proper democratic debate about key policies. The US should.

–Release the US Department of Justice memoranda outlining the legal basis for US targeted killing in Pakistan;

–Make public critical information concerning US drone strike policies, including as previously and repeatedly requested by various groups and officials: the targeting criteria for so-called “signature” strikes; the mechanisms in place to ensure that targeting complies with international law; whichlaws are being applied; the nature of investigations into civilian deathand injury; and mechanisms in place to track, analyze and publicly recognize civilian casualties;

–Ensure independent investigations into drone strike deaths, consistent with the call made by Ben Emmerson, UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism in August 2012

–In conjunction with robust investigations and, where appropriate,prosecutions, establish compensation programs for civilians harmed by US strikes in Pakistan.

–The US should fulfill its international humanitarian and human rights law obligations with respect to the use of force, including by not using lethal force against individuals who are not members of armed groups with whom the US is in an armed conflict, or otherwise against individuals not posing an imminent threat to life. This includes not double-striking targets as first responders arrive.

–Journalists and media outlets should cease the common practice of referring simply to “militant” deaths, without further explanation. All reporting of government accounts of “militant” deaths should include acknowledgment that the US government counts all adult males killed by strikes as “militants,” absent exonerating evidence. Media accounts relying on anonymous government sources should also highlight the fact of their single source information and of the past record of false government reports

Excerpt from the Executive Summary Living Under Drones Death, Injury, and Trauma to Civilians From US Drone Practices in Pakistan (Stanford and NYU, Sept. 2012)
See also http://livingunderdrones.org/

The iPhone, radioactive waste and rare earths: the Lynas case

Lynas Corporation, an Australian based mining company are constructing a rare earth processing plant, known as the Lynas Advanced Materials Plant (LAMP) in Gebeng industrial estate in Kuantan, Malaysia. The LAMP will process lanthanide concentrate which will be trucked from the mine site in Mt Weld Western Australia to the Port of Fremantle where it will be shipped to Malaysia. This report provides an assessment of the emissions from the LAMP plant rather than Lynas Corporation‟s activities in Western Australia. The LAMP plant will have significant atmospheric, terrestrial and waterborne emissions of toxic chemicals and radionuclides including uranium, thorium and radon gas.

________________________________________________________

A Malaysian high court put on hold until October 4 a temporary operating license granted to Lynas Corp Ltd’s controversial rare earth plant near the eastern city of Kuantan, prompting an 8 percent fall in the Australian firm’s shares on Tuesday (Sept. 24, 2012).  The rare earth plant – the world’s biggest outside China – has been ready to fire up since early May, but the company has been embroiled in lengthy environmental and safety disputes with local residents since construction began two years ago [regarding the handling of radioactive waste at the plant].

The plant is considered important to breaking China’s grip on the processing of rare earths, which are used in products ranging from smartphones to hybrid cars.

Lynas confirmed the Kuantan High Court’s decision on Tuesday, but said it would not affect production at the plant and that it plans to strongly assert its rights at the next court hearing…Lynas shares plunged more than 8 percent after the court order to A$0.795, their lowest close in almost three weeks as investors closely track each move in the sensitive case. Earlier this month they rose up to 50 percent when Malaysia approved the license.

Activists linked to the environmental group, Save Malaysia Stop Lynas, want the court to suspend the temporary license until two judicial review cases challenging the government’s decision allowing the plant to operate are heard.  “It’s a small victory, but there is still a long way to go,” Tan Bun Teet, a spokesman for the group, told Reuters after the court decision. “We will fight tooth and nail. We have a lot at stake,” he added.  The group’s previous attempts to legally stop the plant had failed.

Lynas received a temporary operating license for its long-delayed $800 million rare earth plant earlier this month, enabling it to start production as early as October.  The Malaysian Atomic Energy Licensing Board (AELB) issued the permit following an earlier recommendation from a government committee.  Protests over possible radioactive residue have drawn thousands of people and the project has become a hot topic ahead of an election that must be held by early next year.

Sources

Lee Bell, Rare Earth and Radioactive Waste: A Preliminary Waste Stream Assessment of the Lynas Advanced Materials Plant, Gebeng, Malaysia, National Toxics Network. April 2012

Siva Sithraputhran, Malaysian court puts license on hold for Lynas rare earth plant, Reuters, Sept. 25, 2012

Nuclear Protests in India and Foreign-Funded NGOs

This week police in Kudankulam, in southern Tamil Nadu, fired at thousands of anti-nuclear protesters on the beach, killing a fisherman. The locals were opposing a new, Russian-designed, 2,000MW nuclear plant, India’s biggest, which is now being filled with fuel. The 2004 Indian Ocean tsunami killed over 10,000 Indians. Now fears grow of another big wave that could bring a Fukushima-style disaster.  Protesters also claim harassment, saying officials have slapped sedition notices against 8,000 who have dared speak out. Opposition has flared before. The state’s chief minister, Jayaram Jayalalitha, once backed the protests but has now swung in favour of the plant—perhaps betting that anger over power shortages trumps anti-nuclear outbursts.

The reaction of the national government, under the prime minister, Manmohan Singh, has been mixed. Committees of investigation called the plant safe. The High Court in Chennai heard, and ruled against, a petition by locals over safety. The Supreme Court will hear an appeal.  The government’s argument that politicians not protesters should decide the country’s energy mix is reasonable. But, twitchy at criticism, it veered off in suggesting opponents merely did the bidding of a foreign hand. Mr Singh, in an interview with a science magazine in February, blamed protests on NGOs, “mostly I think based in the United States”. A tough new law is in force, severely restricting foreign money going to local NGOs.  Mr Singh’s frostiness is best understood in the context of America’s moans that a civil-nuclear deal signed with India has not led to American investors getting energy contracts. Strict liability laws scare its private investors, whereas government-backed ones, such as Russians, feel more secure. Could Mr Singh be implying that American activists are stirring the trouble in Kudankulam because the plant is Russian-built?

Nuclear Power in India: The Kudankulam conundrum, Economist, Sept. 15,2012, at 39

The Swiss Nuke Smugglers, CIA and Libya

Three Swiss engineers are set to escape jail for nuclear smuggling, in part because they helped the CIA bust a global ring that was supplying Libya’s atomic weapons program.  Urs Tinner, his brother Marco, and their father Friedrich are accused of aiding the smuggling network of Pakistani nuclear scientist Abdul Qadeer Khan.  But according to Swiss prosecution documents released Tuesday setting out a plea bargain deal, the three also cooperated with U.S. authorities who were able to seize a shipment of nuclear equipment destined for Libya in 2003.  The CIA operation ultimately destroyed the Khan network and Libya gave up its efforts to acquire nuclear weapons.

Prosecutors say their work was hampered by the Swiss government’s decision to destroy key evidence in the case.  The plea bargain will be put before a Swiss court for approval next week.

Swiss nuke smugglers who helped CIA to escape jail, Associated Press, Sept. 18, 2012

How to Avoid the Carbon Tax

According to the Union of Concerned Scientists (UCS),  a Climate of Corporate Control, statements and actions on climate science and policy by 28 U.S. companies, shows how these contributions can be problematic, and suggests steps that Congress, the public, the media, and companies themselves can take to address the problem.  Corporations have the right, of course, to weigh in on public policy issues that affect their interests. But too often they do so irresponsibly, misrepresenting and misusing science at the public’s expense, and in recent years their influence has grown.

Corporations skew the national dialogue on climate policy in a variety of ways—making inconsistent statements across different venues, attacking science through industry-supported organizations, and taking advantage of the secrecy allowed them by current legal and regulatory structures.

Inconsistency: Having It Both Ways–Some corporations are contradictory in their actions, expressing concern about the threat of climate change in some venues—such as company websites, Security and Exchange Commission (SEC) filings, annual reports, or statements to Congress—while working to weaken policy responses to climate change in others.  For example, ConocoPhillips has acknowledged on its website that “human activity…is contributing to increased concentrations of greenhouse gases in the atmosphere that can lead to adverse changes in global climate.” Yet in its comments on the 2009 EPA Endangerment Finding, the company claimed that “the support for the effects of climate change on public health and welfare is limited and is typified by a high degree of uncertainty.”

Using Outside Organizations: Contrarians By Proxy–One way a company can work against effective climate policy while avoiding accountability for that work is to provide funding to outside groups that lobby against climate legislation and regulation or engage in advocacy campaigns against climate science. Such groups range from business associations such as the National Association of Manufacturers to front groups like the Heartland Institute.

Echoing the inconsistency in their other statements and actions on the issue, many companies belong to groups lobbying on both sides of the climate policy debate. For example, Caterpillar is affiliated both with the World Resources Institute and Nature Conservancy, which advocate global warming solutions, and with the Cato Institute and Heritage Foundation, which oppose them.  Of course, corporations may point out that the organizations they support work on many issues besides climate—but the fact remains that many of these groups take starkly anti-science positions on climate change and work aggressively to challenge science-based climate policies.

A Lack of Transparency–When business interests can hide their influence on policy-making processes from public view, it becomes easier for them to manipulate perceptions of science and skew policy discussions. There are several areas in which greater transparency is needed:  Charitable contributions. Current law only requires corporate foundations to disclose their donations to the IRS; companies can get around this requirement by making their donations directly, bypassing their foundations. This information is also hidden from shareholders: several corporations have received proposals from their shareholders demanding access to the company’s charitable contributions, and legislation to require such disclosure has been proposed in Congress.  Lobbying and political expenditures. While companies are legally required to report their total expenditures on political contributions and lobbying, they are not required to disclose the particular issues for which these contributions are targeted. So it is not possible to determine how much lobbying corporations are doing on climate issues. Business risks from climate change. Publicly traded companies are required to discuss risks that might materially affect their business in their annual SEC filings. The report shows that compliance with this requirement with regard to climate change is not consistent; some companies address climate-related risks fully, some discuss only the possible impacts of climate regulation, neglecting the physical impacts of climate change, and others ignore the issue entirely.

Good and Bad Behavior–It’s not all bad news out there: The report shows that some companies, such as NIKE, appear to be consistently constructive in their climate-related statements and actions.  At the other extreme, some companies appear to be almost uniformly obstructionist on climate issues. This list is dominated by fossil-fuel companies such as Peabody Energy and Marathon Oil.  But because of the lack of disclosure, it is impossible to say for sure whether companies are completely constructive or obstructionist.  Inappropriate corporate influence on the national dialogue on climate science and policy is a large-scale, complex problem requiring large-scale, complex solutions.

Excerpt from A Climate of Corporate Control

Right to Participate: Indigenous Peoples of Peru

Peru’s official human rights ombudsman, Defender of the People Eduardo Vega, is set to convene the first the first “prior consultation” with Amazonian indigenous peoples on oil development in their territory, under terms of a new law passed earlier this year setting terms for the process. The consultation concerns a planned new round of oil contracts planned for Bloc 1AB, currently held by Argentine firm Pluspetrol, in the watersheds of the Pastaza, Corrientes and Tigre rivers in the northeast of Loreto region. The Regional Organisation of Indigenous Peoples of the East (ORPIO), with an office in the city of Iquitos, it to represent the impacted indigenous peoples. Vega pledged the process would be carried out “with the utmost clarity so that rights of the indigenous peoples will be respected and the same process can serve for other consultations that will subsequently be carried out.”  But after years of conflict over resource extraction in the region and accusations of broken promises by the government, many indigenous residents remain skeptical about the process.

Peru: first “prior consultations” on Amazon oil development, WW4 Report, Sept. 15, 2012

The Legality of Targeted Killings

The CRS memorandum, entitled “Legal Issues Related to the Lethal Targeting of U.S. Citizens Suspected of Terrorist Activities,” was prepared in May 2012 by legislative attorney Jennifer K. Elsea. It presents an overview of the pertinent legal context, and then carefully parses official Administration statements in an attempt to infer a detailed legal rationale for lethal targeting. A copy was obtained by Secrecy News.

“This memorandum is an effort to clarify the debate by providing legal background, setting forth what is known about the Administration’s position and identifying possible points of contention among legal experts and other observers,” the memo states.  In the end, CRS concludes that none of the established legal frameworks is a perfect fit for the Administration’s lethal targeting operations because the current U.S. practice of lethal targeting involves features that are improvised, inconsistent or otherwise questionable.

For example, CRS says the Administration appears to have redefined the meaning of “imminence,” one of the required elements for justifying the use of force in self-defense on the territory of another country. The standard definition of imminence refers to an overwhelming threat that allows “no moment for deliberation.” But the Administration uses imminence idiosyncratically “to refer to the window of opportunity for striking rather than the perceived immediacy of the threat of an armed attack.” This novel usage “may pose some challenge to the international law regarding the use of force,” CRS said.

The CRS memo notes that the U.S. Supreme Court has ruled — in Hamdi v. Rumsfeld — that when a U.S. citizen is detained as a suspected enemy combatant he must be given notice of the factual basis for his detention and an opportunity to rebut it. Yet, in contrast, when a citizen-suspect is to be killed rather than detained the Administration’s position is that no such notice or opportunity is required.  This embrace of unchecked executive authority may prove difficult to reconcile with the majority holding in Hamdi, the memo suggests.  In fact, CRS says, the Administration’s position “seems to conform more with Justice Thomas’s dissenting opinion in Hamdi, in which Justice Thomas argued that in the context of wartime detention for non-punitive purposes, ‘due process requires nothing more than a good-faith executive determination’.”

By withholding its own Office of Legal Counsel opinion on the legality of lethal targeting of suspected terrorists who are U.S. citizens, the Obama Administration seems intent not on protecting sensitive operational details but on suppressing public awareness and debate. The CRS memo is not a substitute for the OLC opinion, but it nonetheless can serve to advance public understanding of the underlying issues.

Excerpt, Steven Aftergood, Legality of Targeted Killing of Suspected Terrorists Reviewed by CRS, SecrecyNews.com, Sept. 10, 2012

Flooding Nuclear Power Plants Close to Dams

Below we reproduce verbatim the letter of Richard Perkins to the Office of Inspector General US Nuclear Regulatory Commission dated Sept. 14, 2012

From: Richard H. Perkins, P.E., Division of Risk Analysis, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission

To: Hubert T. Bell, Office of the Inspector General, U.S. Nuclear Regulatory Commission, MS 05-E13, 11555 Rockville Pike, Rockville MD 20852

Dear Mr. Bell,

Subject: Concealment of Significant Nuclear Safety Information by the U.S. Nuclear Regulatory Commission

I allege that the Nuclear Regulatory Commission (NRC) has intentionally mischaracterized relevant and noteworthy safety information as sensitive, security information in an effort to conceal the information from the public. This action occurred in anticipation of, in preparation for, and as part of the NRC’s response to a Freedom of Information Act request for information concerning the generic issue  investigation on Flooding of U.S. Nuclear Power Plants Following Upstream Dam Failure. (pdf of censored report)  Specifically requested was the completed screening analysis report for this issue, of which I am the lead author.  Portions of the publically released version of this report are redacted citing security sensitivities, however,the redacted information is of a general descriptive nature or is strictly relevant to the safety of U.S. nuclear  power plants, plant personnel, and members of the public. The Nuclear Regulatory Commission staff has engaged in an effort to mischaracterize the information as security sensitive in order to justify withholding it from public release using certain exemptions specified in the Freedom of Information Act. Evidencesupporting this allegation includes the redacted text from the analysis report, e-mails and written correspondence within the NRC, and e-mail correspondence with other Government agencies. The Nuclear Regulatory Commission staff may be motivated to prevent the disclosure of this safety information to the public because it will embarrass the agency. The redacted information includes discussion of, and excerpts from, NRCofficial agency records that show the NRC has been in possession of relevant, notable, and derogatory safety information for an extended period but failed to properly act on it. Concurrently, the NRC concealed the information from the public.

Because this concern involves a violation of law and is not related to a technical opinion or distinction, I am not submitting this concern to (or though) the NRC’s Differing Professional Opinion Program. It is my intention to cooperate fully with NRC Office of the Inspector General. It is also my intention to make a copy of this letter available to the public shortly after I have submitted it to your office; therefore, please consider this allegation to be public information.

United States,Taliban, and the spin doctors

Days after deciding to blacklist an insurgent group linked to the Taliban and responsible for some of the deadliest attacks in Afghanistan, Secretary of State Hillary Clinton declined to say whether she also would brand the Taliban a foreign terrorist organization.  Asked in an interview yesterday with Bloomberg Radio if the Taliban — whose government gave sanctuary to Osama bin Laden and his al-Qaeda terror network before the 2001 U.S. military actions — should be blacklisted, Clinton didn’t directly answer.

“You know, we do a very intensive analysis before we designate someone as a foreign terrorist organization,” she said. “We have reached that conclusion about the Haqqani Network, and we think it’s the right decision.”  Clinton’s decision on Sept. 7 to designate as a terrorist organization the Haqqani Network — a militant group with operations in Afghanistan and Pakistan that is closely affiliated with the Afghan branch of the Taliban [or simply another name for Taliban]– came after months of inter-agency debate.  One issue was the potential impact on already difficult relations with Pakistan. The Haqqanis operate from havens in Pakistan’s North Waziristan tribal region with what U.S. officials have said are ties to Pakistan’s intelligence agency.  Clinton said in the interview that blacklisting the Haqqanis wasn’t a message aimed at Pakistan.  “No, it is about squeezing” the Haqqanis, she said.  “It’s part of the continuing effort to try to send a message to them — not to anyone else, but to them — because of the really incredibly damaging attacks they have waged against us, against other targets inside Afghanistan, and it’s important that we use every tool at our disposal to go after them,” she said in the interview in Vladivostok, Russia, at the end of an 11-day trip through the Asia-Pacific.  The U.S. had already slapped the Haqqani group’s leaders with individual sanctions, and has long targeted them in military operations and clandestine drone strikes.Adding the Haqqanis to the group blacklist “gives us much greater reach into any financial assets or fundraising that they may engage in, it gives us better traction against assets that they might own,” Clinton said. “It’s important that we use every tool at our disposal to go after them.”

Though the Haqqanis were behind some of the highest-profile attacks on American and NATO interests in Afghanistan, including a day-long assault last year on the U.S. embassy in Kabul and an attack on NATO headquarters there, the debate on whether to blacklist them involved arguments that doing so might hinder U.S. policy goals.

The decision followed months of discussion within the White House, State Department, Pentagon, Treasury Department, Justice Department and the intelligence community over the merits and the timing of blacklisting the Haqqanis, according to officials from different agencies who spoke on condition of anonymity to discuss internal deliberations.

Opponents of blacklisting the Haqqanis had argued that slapping them with a label might hinder prospects for engaging them in reconciliation talks to take them off the battlefield. The same may be said of the Taliban…Another concern about blacklisting the Haqqanis — which can also be said of the Taliban — is that affixing a terror label to the group may affect U.S. relations with Pakistan. Some U.S. officials, including former chairman of the Joint Chiefs of Staff Admiral Mike Mullen, have said Pakistani intelligence and security forces have aided the Haqqanis in order to wield influence in Afghanistan. Clinton and Defense Secretary Leon Panetta have said Pakistan needs to do more to crack down on the group.  Pakistan also has ties with the Afghan Taliban, whose leadership is based in the Pakistani city of Quetta, according to U.S. intelligence officials.  The U.S. wants Pakistan to use its influence with the Taliban to engage them in serious peace talks with the Afghan government to help bring an end to the 11-year conflict.

Excerpts, Indira A.R. Lakshmanan, Clinton Doesn’t Say If Taliban Should Be on Terror List, BusinessWeek, Sept. 9, 2012

BP: Culture of Corporate Recklessness

The Obama administration has accused BP of gross negligence and willful misconduct in causing the Deepwater Horizon oil spill of 2010. In a new court filing, the Department of Justice appears bent on blaming BP for the worst oil disaster in U.S. history.  The court document blasts BP’s leadership in no uncertain terms. Referring to “A Culture of Corporate Recklessness,” it states that “The behaviour, words and actions of these BP executives would not have been tolerated in a middling size company manufacturing dry goods for sale in a suburban mall.” It criticizes “the utter lack of any semblance of investigation of the systemic management causes deeply implicating the corporate managers and leadership who caused and allowed the rig-based mechanical causes to fester and ultimately explode in a fireball of death, personal injury, economic catastrophe, and environmental devastation.”

Referring to a “negative pressure test” performed by BP and Transocean hours before the blowout, the report states, “That such a simple, yet fundamental safety-critical test could have been so stunningly, blindingly botched in so many ways, by so many people, demonstrates gross negligence.”  The designation of “gross negligence” under the Clean Water Act, is an important distinction because it would mean the company could face $21 billion in civil damages alone—almost quadruple the penalty if “gross negligence” is not confirmed. BP also faces criminal charges.

The case may not go to trial, which is scheduled to begin January 14. Both sides are negotiating to reach a settlement to resolve both civil and criminal violations.  The Justice Department reportedly sought a $25 billion agreement from BP, but now may be willing to settle for $15 billion.

Justice Dept. Accuses BP of “Gross Negligence” over Gulf Oil Spill, AllGov.com, Sept. 7, 2012

Drones: Rules and Reality

In his most comprehensive public comments yet on the US covert drone war, President Barack Obama has laid out the five rules he says the United States uses to target and kill alleged terrorists – including US citizens.  The president has also warned of the need to avoid a ‘slippery slope’ when fighting terrorism, ‘in which you end up bending rules, thinking that the ends always justify the means.’  Obama’s comments were made in an on-camera interview with CNN’s chief White House correspondent Jessica Yellin. Only once before has the president publicly discussed the US covert drone policy, when he spoke briefly about strikes in Pakistan’s tribal areas.  Now Obama says there are five rules that need to be followed in covert US drone attacks. In his own words:

1 ’It has to be a target that is authorised by our laws.’

2 ’It has to be a threat that is serious and not speculative.’

3 ’It has to be a situation in which we can’t capture the individual before they move forward on some sort of operational plot against the United States.’

4 ‘We’ve got to make sure that in whatever operations we conduct, we are very careful about avoiding civilian casualties.’

5 ‘That while there is a legal justification for us to try and stop [American citizens] from carrying out plots… they are subject to the protections of the constitution and due process.’

Obama twice referred to what he claims has been ‘misreporting’ by the media of his drones policy.  Apparently responding to recent allegations that his administration prefers to kill rather than capture suspects, the president said that ‘our preference has always been to capture when we can because we can gather intelligence’ but that it’s sometimes ‘very difficult to capture them.’  CNN’s Yellin did not bring up the issue of civilian casualties – despite CNN itself reporting multiple civilian deaths in a suspected Yemen drone strike just hours earlier. However Obama insisted that ‘we are very careful about avoiding civilian casualties, and in fact there are a whole bunch of situations where we will not engage in operations if we think there’s going to be civilian casualties involved.’

Obama also took on the contentious targeted killing of US citizens – the subject of a number of high profile legal cases. Insisting that there was ‘legal justification’ for such killings, the president conceded that ‘as an American citizen, they are subject to the protections of the constitution and due process.’  The US Department of Justice (DoJ) is presently trying to block publication of administration legal opinions which allegedly provided the justification for the killing of US citizen Anwar al Awlaki and others.  In a recent court submission the DoJ insisted that Obama’s January comments on the covert drone war could not be taken as an admission that it was taking place: ‘Plaintiffs speculate that the president must have been speaking about CIA involvement in lethal operations…. This is insufficient to support a claim of official disclosure.’  With Obama now publicly laying out the ground rules for the covert drone war, the DoJ’s position appears further damaged.

The president also discussed in some detail his moral concerns regarding the campaign, admitting that he ‘struggle[s] with issues of war and peace and fighting terrorism.’  Our preference has always been to capture when we can because we can gather intelligence.’  He said that he and his national security team needed to ‘continually ask questions about “Are we doing the right thing? Are we abiding by the rule of law? Are we abiding by due process?”‘  If that failed to happen, the president warned, there was the risk of a ‘slippery slope… in which you end up bending rules, thinking that the ends always justify the means.’  The continuing deaths of civilians – and CIA tactics such as the deliberate targeting of rescuers – have led some to argue that the US is already bending or even breaking those rules.

Chris Woods, Obama’s five rules for covert drone strikes, Bureau of Investigative Journalism, Sept. 6, 2012

CIA Operations in Syria: the leaks

The U.S. is ramping up its presence at Syria’s Turkish border, sending more spies and diplomats to help advise the rebel forces in their mismatched fight against the better armed Syrian regime, and to watch for possible al-Qaida infiltration of rebel ranks.  U.S. officials briefed on the plan said the modest surge in U.S. personnel in the past few weeks — estimated at fewer than a dozen people — has helped improve rebels’ political organizing skills as well as their military organization. The officials spoke anonymously because they were not authorized to discuss the plans publicly.

It’s part of a two-pronged effort by the Obama administration to bolster the rebels militarily without actually contributing weapons to the fight, and politically, to help them stave off internal power challenges by the well-organized and often better-funded hardline Islamic militants who have flowed into the country from Iraq and elsewhere in the Persian Gulf region.  The increased intelligence gathered is intended to help the White House decide whether its current policy of providing only non-lethal aid is enough to keep momentum building in the nearly 18-month revolt against the regime of Syrian President Bashar Assad. Spokesmen for the Pentagon and White House declined to comment Thursday.

The diplomats and intelligence operatives from the CIA and other agencies stay outside war-torn Syria and meet with rebel leaders to help them organize their ranks, while also studying who makes up those ranks, how they are armed and whom they answer to, the officials say.  Information is also gathered from Syrian defectors and refugees as well as rebel troops, officials say.  “The model is to keep case officers away from conflict, and you collect through local forces,” said former CIA officer Reuel Gerecht, now a fellow at the Foundation for Defense of Democracies, a Washington-based policy group that focuses on terrorism.

The effort is concentrated on the Turkish border instead of the border with Jordan where many Syrian refugees are fleeing, a U.S. official said, because the traffic between Syria and Turkey is still far greater…. Syrian rebels have complained they are outgunned by the Syrian military and must rely on contributions in money and small arms from Gulf countries, and increasingly from hardline Islamic militants, including Iraq’s branch of al-Qaida.

US sends more spies, diplomats to help organize, train and study Syria’s rebel ranks, Associated Press, Sept. 6, 2012

The Nuclear Proliferation Potential of Laser Enrichment

The following is being released by Physicians for Social Responsibility:  The U.S. Nuclear Regulatory Commission (NRC) is putting U.S. nuclear non-proliferation policy at risk if it decides not to require a formal nuclear proliferation assessment as part of the licensing process for a uranium laser enrichment facility in Wilmington, N.C.  That’s the message from 19 nuclear non-proliferation experts in a letter sent today asking the NRC to fulfill its statutory responsibility to assess proliferation threats related to the technologies it regulates. The letter is available online at http://www.psr.org/nrcassessment.

Global Laser Enrichment, LLC, a joint venture of General Electric (USA), Hitachi (Japan) and Cameco (Canada), has applied for a license to operate a laser enrichment facility in Wilmington, North Carolina, based on Australian SILEX technology. The NRC licensing review schedule sets September 30, 2012 as the date of license issuance.  One of the authors of the letter, Catherine Thomasson, MD, executive director, Physicians for Social Responsibility, said:“It is a widely shared view that laser enrichment could be an undetectable stepping-stone to a clandestine nuclear weapons program. To strengthen U.S. policy and protect the U.S. and the world from nuclear proliferation, the NRC should systematically and thoroughly assess the proliferation risks of any new uranium enrichment technology BEFORE issuing a license allowing their development.”  Dr. Ira Helfand, co-president of International Physicians for the Prevention of Nuclear War, said: “If the U.S. is going to have moral authority in dealing with proliferation threats in other nations, such as Iran, it must do a better job of taking responsible steps in relation to proliferation threats in our own backyard. In fact, a persuasive case can be made that laser enrichment technology requires even more immediate action, since this is a known danger that can be addressed directly by the NRC under its existing regulatory authority.”

In the letter, the experts note that the NRC has no rules or requirements for a nuclear proliferation assessment as part of this licensing process. The experts are concerned that the Commission is falling short in its duties since a 2008 NRC manual on enrichment technology clearly states that laser enrichment presents “extra proliferation concerns due to the small size and high separation factors.”

Previous letters to the NRC asking for a proliferation assessment, signed by many of today’s signatories, have been rebuffed. NRC is on record stating that the National Environmental Policy Act does not require preparation of a proliferation assessment. However, a March 27, 2012 memorandum from the Congressional Research Service clearly concludes that the NRC has legal authority “to promulgate a regulation” requiring a proliferation assessment as part of the licensing process.  Both the Nuclear Non-Proliferation Act of 1978 and the Atomic Energy Act are cited by the experts as statutory basis of the NRC’s responsibility to assess proliferation risks.

Excerpt, 19 Experts: Nuclear Proliferation Risks Of Laser Enrichment Require Fuller NRC Review, PRNewswire, Sept 5, 2012

Laser Weapons

The notion of using energy as a weapon of war dates back at least as far as the ancient Greeks. In the late 1970s and early 1980s the idea was revived when American strategists began thinking in earnest about the technologies they would need to shoot down nuclear-armed ballistic missiles. Among the more fanciful ideas taken up by Ronald Reagan’s Strategic Defence Initiative (more commonly known as Star Wars) was the X-ray laser, which aimed to harness the energy of an atomic explosion to generate powerful laser beams….

The main appeal of using an energy beam to shoot things is that it travels at the speed of light, which means, in practice, that it will hit whatever it is aimed at. Trying to shoot down an incoming missile or warhead with a physical projectile, by contrast, is much more difficult. The guidance challenges of trying to “hit a bullet with a bullet” are enormous and are only gradually being solved using complex radars and missiles equipped with expensive sensors. A second attraction of lasers and other energy weapons is that in most cases they cannot run out of ammunition, and can keep firing for as long as they are plugged into a power source. The initial costs may be quite high, but each shot may then cost only a few dollars, compared with a price-tag of $3m or more for the latest missiles used to shoot down aircraft or other missiles.

Yet until very recently, despite the billions of dollars invested in them, military lasers have had a less than glowing record. The most famous (and expensive) experiment was America’s Airborne Laser Test Bed. This programme, which cost the Pentagon about $5 billion over more than 15 years, was an effort to cram a huge laser gun into a Boeing 747. It was intended to shoot down ballistic missiles in their “boost phase”, after their launch but before they had picked up enough speed to leave the atmosphere. The logic was that this is a particularly vulnerable time for a missile, since it is moving relatively slowly and because even minor damage to an accelerating rocket could prove fatal given the enormous stresses it is subjected to.

The airborne laser showed some promise in tests, but the programme was ignominiously zapped in 2011 by the Pentagon, which couldn’t quite work out how it would be able to keep a big, slow-moving jumbo jet airborne around the clock, deep within enemy territory, while waiting for a missile to blast off nearby.  Another laser that came close to being practical enough to use was the Tactical High Energy Laser, also known as the Nautilus laser which was designed to shoot down incoming artillery rounds. It was successfully tested in Israel, where it intercepted incoming rockets and shells, but Israel and America decided to pull the plug on it. One reason that it and the airborne laser were shot down was that military planners fell out of love with chemical lasers. These are very large and not especially portable lasers that are powered by a chemical reaction. As well as being bulky, they require large amounts of toxic and perishable chemicals, which can run out, limiting the number of shots that the laser can fire.

For the moment, the idea of shooting down big nuclear-tipped missiles with lasers has been put on hold, and proponents of laser weapons are aiming instead at more flammable targets. Much of the work in this field is now being done by the American navy….

The big trend now is to try to scale up three other sorts of laser that are far more compact than chemical lasers and can fire away merrily as long as they have power and don’t get too hot. The first sort is the fibre laser, in which the beam is generated within an optical fibre. Because this is already used in industry for welding and cutting, prices are falling, power output is increasing and reliability has been steadily improving. Industrial lasers can be turned into weapons pretty easily, simply by strapping them to a weapons mount.  But they are not very powerful. The Tactical Laser System being developed for the American navy by BAE Systems, a British firm, has an output of just 10kW, enough to run a few household kettles. Even so, it might be useful for frightening off (or burning holes in) small boats that look threatening but wouldn’t warrant a hail of machinegun fire. A slightly bigger version puts out about 33kW of power and fits neatly on existing turrets that house the rotary cannons used to shoot down incoming anti-ship missiles. It could blind optical or heat-seeking sensors on enemy missiles, or puncture small boats.  Plans are afoot to scale military fibre lasers up to about 100kW, which would enable them to shoot down small unmanned aircraft. The technology is relatively mature: a study by the Congressional Research Service (CRS), an American government-research body, (pdf) reckons it would cost around $150m to develop a prototype, and that such lasers could be in service by 2017.

The second technology being worked on is the slab laser… It would be less useful for shooting down targets flying directly at the laser because of “thermal blooming”….The Center for Strategic and Budgetary Assessments, a think-tank based in Washington, DC, argues that various sorts of solid-state lasers could be in service on American ships by 2018. It thinks that they could also be used to counter cruise missiles flying directly at a ship, using relay mirrors mounted on nearby unmanned aircraft.

To be really suitable for shooting down ballistic missiles, however, a laser with a power level of more than a megawatt would be needed. That would mean using a third technology, called a free-electron laser….

Although lasers have many advantages, in short, they also suffer from quite severe limitations. The main one is their relatively low power output. So much energy is needed to burn through the armour of a tank, for instance, that it is easier simply to fire a rocket at it. Even people do not make particularly good targets for lasers: human bodies can absorb a lot of energy before heating up substantially. (Eyes make a better target, but international conventions ban lasers designed to blind.)

A further limitation is that laser light can be absorbed or scattered by pollution, fog or smoke. Missiles or other targets can also be protected by coating them with mirrors or wrapping them with insulation. In addition, laser beams travel in a straight line, which means they are less useful than conventional artillery when shooting at something on the other side of a hill. It seems likely that laser weapons will have been deployed on ships by the end of the decade. They will have their uses, but they remain rather less fearsome than their science-fiction reputation might suggest.

Excerpts, Energy weapons: Zap, crackle and pop, Economist Technology Quarterely, Sept. 1, 2012, at 12

Canada and its Nuclear Waste

Since the 1960s,  Canada’s nuclear power plants have generated more than two million bundles of highly radioactive used fuel. And they’re all still stored on the sites of the plants that produced them.But the pace of finding a site to store Canada’s most potent radioactive waste permanently is about to pick up.  Twenty Canadian communities have said they’ll consider volunteering to host the storage site.  That list is about to close. The Nuclear Waste Management Organization, whose job it is to find and build the site, will stop taking new names on Sept. 30, 2012.  The impending cut-off is ratcheting up the pressure on the technocrats charged with selecting a site; on the boosters who want to snare the multi-billion-dollar repository for their community; on the activists who harbour deep suspicions about safety; and on the aboriginal leaders who say they’ve been cut out of the process….

A fuel bundle for a Candu nuclear power reactor is about the size of a fireplace log. As of June 30, 2011, Canada had 2,273,873 used fuel bundles stored at its nuclear plants in Ontario, Quebec and New Brunswick.  Another 85,000 or so have been added since then.  In total, they’d fill about six NHL hockey rinks, stacked up as high as the boards.

The Nuclear Waste Management Organization, formed by the three electric utilities that run nuclear reactors, wants to bury the waste deep underground in caverns excavated from stable rock, where it can lie undisturbed forever.  The depth will probably depend on the site’s geology. A facility proposed to hold less-potent radioactive waste at the Bruce nuclear site near Kincardine will be 680 metres deep. By comparison, the CN Tower is 553 metres tall.  The NWMO is looking for a “willing” community to agree to take the $16-to-$24-billion project. The host community itself will decide how to define “willing.” Candidate communities will have multiple opportunities to withdraw if they get cold feet, the NWMO says.  As it moves through a nine-stage selection process, the NWMO hopes to have narrowed the field to one or two communities by 2015, then spend until about 2020 deciding on a specific site within the chosen community.  After that, it will take three to five years to do an extensive environmental assessment of the site. The proponents will also have to satisfy the Canadian Nuclear Safety Commission that their plan makes sense, and obtain a license to construct and operate the facility.  Then, it will take six to 10 years to build. The NWMO doesn’t expect the first bundles to be stored until 2035.  The plan is to seal the waste in sturdy, radiation-proof containers and store it deep in a stable rock formation where — even if the containers were to crack and leak — there’s be no danger of contaminating groundwater used by humans. (Although that’s the current strategy, the NWMO says it would consider a different plan if compelling evidence emerged that another technique is superior.)

Current designs call for surface buildings and facilities to cover about 100 hectares (250 acres), says the NWMO’s Michael Krizanc.  “As well, there may be a need to limit activities in the immediate area surrounding the surface facilities in order to meet regulatory or other requirements.”  Underground, the excavated caverns will cover an area of about 2.5 kilometres by 1.5 kilometres. That’s 375 hectares, or 930 acres.  “The NWMO would need to have rights to the land above the repository,” says Krizanc, but “alternative uses could be considered, with the community, for portions of the land.”….

Meanwhile in Saugeen Shores, a lively battle is under way as members of a citizens group dubbed save Save Our Saugeen Shores, or SOS, fights what they see as an attempt to impose the waste site on their community on the shore of the Great Lakes….SOS also worries that U.S. power plants might be able to force Canada to take U.S. nuclear waste in a Canadian waste site, through terms of the free trade agreement between the countries…..Up in Elliot Lake, contractors Stephen Martin and Marc Brunet can’t wait for the project to start….Elliot Lake has been identified with uranium since its founding, he shrugs: “We’re the uranium capital of the world…. This thing will be a tourist attraction. I think it’s the best thing that could happen.”

John Spears, Nuclear waste seeks a home, Toronto Star, Sept. 1, 2012

Cyberwar: Attacking the Pipelines

The vast U.S. network of natural gas and hazardous liquid pipelines is integral to U.S. energy supply and has vital links to other critical infrastructure. While an efficient and fundamentally safe means of transport, this network is vulnerable to cyber attacks. In particular, cyberinfiltration of supervisory control and data acquisition (SCADA) systems could allow successful “hackers” to disrupt pipeline service and cause spills, explosions, or fires—all from remote locations.

In March 2012, the Department of Homeland Security (DHS) reported ongoing cyber intrusions among U.S. natural gas pipeline operators. These intrusions have heightened congressional concern about cybersecurity in the U.S. pipelines sector. The Transportation Security Administration (TSA) is authorized by federal statute to promulgate pipeline physical security and cybersecurity regulations, if necessary, but the agency has not issued such regulations. TSA officials assert that security regulations could be counterproductive because they could establish a general standard below the level of security already in place for many pipelines…. While the pipelines sector has many cybersecurity issues in common with other critical infrastructure sectors, it is somewhat distinct in several ways:

• Pipelines in the United States have been the target of several confirmed terrorist plots and attempted physical attacks since September 11, 2001.

• Changes to pipeline computer networks over the past 20 years, more sophisticated hackers, and the emergence of specialized malicious software have made pipeline SCADA operations increasingly vulnerable to cyber attacks.

• There recently has been a coordinated series of cyber intrusions specifically targeting U.S. pipeline computer systems.

• TSA already has statutory authority to issue cybersecurity regulations for pipelines if the agency chooses to do so, but it may not have the resources to develop, implement, and enforce such regulations if they are mandated….

In March 2012, the Department of Homeland Security (DHS) reported ongoing cyber intrusions among U.S. natural gas pipeline operators. The incidents drew new attention to an Al Qaeda video obtained in 2011 by the Federal Bureau of Investigation (FBI) reportedly calling for “electronic jihad” against U.S. critical infrastructure.  These cybersecurity events coupled with serious consequences from recent pipeline accidents have heightened congressional concern about cybersecurity measures in the U.S. pipelines sector.

Excerpt, Paul W. Parfomak, Pipeline Cybersecurity: Federal Policy, CRS Report for Congress, Aug. 16, 2012

Killing Civilians: the Crazyhorse

On July 12 2007 a US apache helicopter shot several Iraqi civilians in an incident that shocked the world when footage of the event was published by whistleblower website, Wikileaks.  The footage, taken from the helicopter, shows people fleeing for the safety of buildings being pursued, then the buildings they run to blown up. The attack resulted in 12 dead civilians, including a Reuters’ journalist and cameraman.

In ‘Permission to engage’, Al Jazeera tracks down families of the victims and a former US soldier to tell the story behind the Wikileaks ‘Collateral murder’ film.  But the footage leaked to Wikileaks is just one incident of several involving a unit relating to the call sign ‘Crazyhorse’. The particular incident filmed involved Crazyhorse 18. Through cables leaked to Wikileaks as part of its Iraq war logs cache of documents, the Al Jazeera documentary traces several other incidents involving the call sign. Many of these attacks also resulted in civilian deaths, or collateral damage as they are referred to by US army personnel.

Just 4 days after the death of the two Reuters’ journalists, in a neighbouring area of Baghdad, another incident occurred in which 14 civilians were fatally wounded in an operation involving two helicopter gunships responding to call signs ‘Crazyhorse 20’ and ‘Crazyhorse 21.’  In February 2007, two Iraqi insurgents were killed after attempting to surrender to a helicopter gunship. Soldiers aboard ‘Crazyhorse 18’ were given legal advice from a nearby military base: ‘Lawyer states they can not surrender to aircraft and are still valid targets’. The men fled to a nearby shack after Hellfire missiles were fired at their truck. The men were killed minutes later when the shack was destroyed by further missiles.

The pseudonym ‘Crazyhorse’ has its roots in US Army history. An ‘operation crazyhorse’ took place in Vietnam in 1966, after North Vietnamese plans to ambush a US Army foot patrol were intercepted. About 250 US soldiers from two airborne battalions, defeated and killed 500 NVA soldiers in a fierce firefight.  The commander of one of these battalions, Captain Mozey, instructed his men to put ‘Death from above’ cards on every enemy they killed. ‘Death from above’ and ‘crazyhorse’ were both referred to and made famous by the reckless Lieutenant Colonel Bill Kilgore in ‘Apocalypse now.’The Al Jazeera documentary talks to people directly affected by the reckless, gung-ho nature of the helicopter pilots of the ‘crazyhorse’ battalion, to produce a moving and personal account of the footage.

Excerpt, Permission to Engage: WikiLeaks collateral murder footage examined, Bureau of Investigative Journalism, Aug. 30, 2012

Oil, Somalia and the Fnal Frontier

Canadian oil and gas exploration company Horn Petroleum said  it had encountered only water in a well it drilled in Somalia’s semi-autonomous Puntland region earlier this year, the first to be sunk in the country since civil war erupted two decades ago.  The well, Shabeel North-1, reached a total depth of 3,945 metres and is now being plugged, Horn said.  Because there were no shows of oil and gas, Horn Petroleum determined a second well it drilled earlier in the year, Shabeel-1, also was dry and said the company would not test it further for hydrocarbon potential

“While we were disappointed that we were not able to flow oil from the first two exploration wells in our Puntland (Somalia) drilling campaign, we remain highly encouraged that all of the critical elements exist for oil accumulations, namely a working petroleum system,” Horn’s chairman Keith Hill said in a statement.  While there has been speculation about finding oil in the anarchic Horn of Africa country for decades, it has no proven hydrocarbon reserves. The prospect of oil beneath Dharoor’s sandy, arid plains has elicited excitement among officials of the impoverished region. The companies estimated there could be as much as 300 million barrels of recoverable oil in the northern part of Somalia.  Somalia, mired in conflict since warlords in the early 1990s and then Islamist militants reduced the government to impotence, represents one of the final frontiers in Africa to be explored.

Horn Petroleum’s Somali wells come up dry, Reuters, Aug. 28, 2012

Selling Weapons: US Dominance and Motivations

From 2008 to 2011, the United States and Russia have dominated the arms market in the developing world, with both nations either ranking first or second for each of these four years in the value of arms transfer agreements. From 2008 to 2011, the United States made nearly $113 billion in such agreements, 54.5% of all these agreements (expressed in current dollars). Russia made $31.1 billion, 15% of these agreements. During this same period, collectively, the United States and Russia made 69.5% of all arms transfer agreements with developing nations, ($207.3 billion in current dollars) during this four-year period.

In 2011, the United States ranked first in arms transfer agreements with developing nations with over $56.3 billion or 78.7% of these agreements, an extraordinary increase in market share from 2010, when the United States held a 43.6% market share. In second place was Russia with $4.1 billion or 5.7% of such agreements.

In 2011, the United States ranked first in the value of arms deliveries to developing nations at $10.5 billion, or 37.6% of all such deliveries. Russia ranked second in these deliveries at $7.5 billion or 26.8%.

In worldwide arms transfer agreements in 2011—to both developed and developing nations—the United States dominated, ranking first with $66.3 billion in such agreements or 77.7% of all such agreements. This is the highest single year agreements total in the history of the U.S. arms export program. Russia ranked second in worldwide arms transfer agreements in 2011with $4.8 billion in such global agreements or 5.6%. …..

In 2011, Saudi Arabia ranked first in the value of arms transfer agreements among all developing nations weapons purchasers, concluding $33.7 billion in such agreements. The Saudis concluded $33.4 billion of these agreements with the United States (99%). India ranked second with $6.9 billion in such agreements. The United Arab Emirates (U.A.E) ranked third with $4.5 billion…..

Whereas the principal motivation for arms sales by key foreign suppliers in earlier years might have been to support a foreign policy objective, today that motivation may be based as much, if not more, on economic considerations as those of foreign or national security policy.

Excerpt from, Richard F. Grimmett and Paul K. Kerr,  Conventional Arms Transfers to Developing Nations, 2004-2011, (pdf)-

Mini Bombs: the CLAW

Textron Defense Systems, announced  that it has entered into a cooperative research and development agreement (CRADA) with the U.S. Special Operations Command (USSOCOM) Program Executive Office (PEO) Fixed Wing for development of standoff precision guided munition capability. Initial activities will focus on Textron Defense Systems’ Guided Clean Area Weapon (G-CLAW), a cost-effective, lightweight, guided precision unitary weapon providing anti-personnel and anti-material capabilities, as well as features for low collateral damage and hazardous unexploded ordnance (UXO) prevention.

Under the CRADA, the organizations intend to integrate the G-CLAW into PEO Fixed Wing’s common launch tube dispenser and complete the required testing to secure flight and weapons safety certifications. From there, Textron Defense Systems and USSOCOM will conduct inert and live-fire demonstrations of precision unitary munition delivery from a tactical carrier aircraft such as the MC-130W Dragon Spear. Integration activities will culminate in an end-to-end, live-fire demonstration.

Our G-CLAW allows users to shape the attack over a broad area, and to achieve precision effects using GPS targeting and a powerful warhead,” says Senior Vice President and General Manager Ellen Lord of Textron Defense Systems. “Further, it incorporates all of the safety features we’ve carefully designed, developed, tested and demonstrated to prevent UXO. Integrating this unitary system into the USSOCOM common launch tube could bring G-CLAW capabilities and performance to multiple new aircraft platforms for the gamut of irregular warfare missions.”

Textron Defense Systems’ weapons incorporate multiple, redundant safety features, including self-destruct and self-neutralization mechanisms, to eradicate the threat of UXO. The G-CLAW is designed for flexible integration into tactical munitions dispensers, as well as from unmanned aircraft platforms.

Textron Defense Systems and USSOCOM Enter CRADA for Standoff Precision Guided Munitions, Globe Newswire, Aug. 27, 2012

US Cyberattacks against Enemies: Afghanistan

The U.S. military has been launching cyberattacks against its opponents in Afghanistan, a senior officer says, making an unusually explicit acknowledgment of the oft-hidden world of electronic warfare.  Marine Lt. Gen. Richard P. Mills’ comments came last week at a conference in Baltimore during which he explained how U.S. commanders considered cyber weapons an important part of their arsenal.  “I can tell you that as a commander in Afghanistan in the year 2010, I was able to use my cyber operations against my adversary with great impact,” Mills said. “I was able to get inside his nets, infect his command-and-control, and in fact defend myself against his almost constant incursions to get inside my wire, to affect my operations.”

Mills, now a deputy commandant with the Marine Corps, was in charge of international forces in southwestern Afghanistan between 2010 and 2011, according to his official biography. He didn’t go into any further detail as to the nature or scope of his forces’ attacks, but experts said that such a public admission that they were being carried out was itself striking.  “This is news,” said James Lewis, a cyber-security analyst with the Washington-based Center for Strategic and International Studies. He said that while it was generally known in defense circles that cyberattacks had been carried out by U.S. forces in Afghanistan, he had never seen a senior officer take credit for them in such a way.  “It’s not secret,” Lewis said in a telephone interview, but he added: “I haven’t seen as explicit a statement on this as the one” Mills made.  The Pentagon did not immediately respond to an email seeking comment on Mills’ speech.

U.S. defense planners have spent the past few years wondering aloud about how and under what circumstances the Pentagon would launch a cyber attack against its enemies, but it’s only recently become apparent that a sophisticated program of U.S.-backed cyberattacks is already under way.  A book by The New York Times reporter David Sanger recently recounted how President Barack Obama ordered a wave of electronic incursions aimed at physically sabotaging Iran’s disputed atomic energy program. Subsequent reports have linked the program to a virus dubbed Flame, which prompted a temporary Internet blackout across Iran’s oil industry in April, and another virus called Gauss, which appeared to have been aimed at stealing information from customers of Lebanese banks. An earlier report alleged that U.S. forces in Iraq had hacked into a terrorist group’s computer there to lure its members into an ambush.

Herbert Lin, a cyber expert at the National Research Council, agreed that Mills’ comments were unusual in terms of the fact that they were made publicly. But Lin said that the United States was, little by little, opening up about the fact that its military was launching attacks across the Internet.  “The U.S. military is starting to talk more and more in terms of what it’s doing and how it’s doing it,” he said. “A couple of years ago it was hard to get them to acknowledge that they were doing offense at all — even as a matter of policy, let alone in specific theaters or specific operations.”

Mills’ brief comments about cyberattacks in Afghanistan were delivered to the TechNet Land Forces East conference in Baltimore on Aug. 15, but they did not appear to have attracted much attention at the time. Footage of the speech was only recently posted to the Internet by conference organizers

Marine General: We Launched Cyberattacks Against Afghanistan, CBS News, Aug. 24, 2012

Foreign Soldiers who Die in Afghanistan: the insider attacks

At the height of this dusty summer, American troops are dying at unprecedented rates at the hands of their Afghan allies. And both sides are struggling to explain why, even as they search for ways to stem what are known in military parlance as “insider” attacks.  This month, at least 10 U.S. troops — including a U.S. service member shot Sunday and five members of America’s elite special-operations forces slain earlier — have been killed by Afghan police, soldiers or civilian workers at military installations. As of Sunday, that accounted for a stunning 32% of the 31 American military fatalities in Afghanistan reported thus far in August by the monitoring website icasualties.org.  [I]nsider shootings have wider-ranging repercussions. They have provided a propaganda bonanza to the Taliban, and could threaten a linchpin of the Western exit strategy: training Afghan security forces in preparation for handing over most fighting duties to them by 2014.

The military says only a very small share of insider attacks is carried out by Taliban “sleepers” in the police or army. But that opens the way to perhaps an even more alarming conclusion: that the majority of the assailants are undertaking what are in effect spontaneous, self-assigned suicide missions, because many insider shooters are killed on the spot in return fire.

The military says it is working to address the threat. Changes in recent months have included the posting of armed Western troops — so-called guardian angels — to watch over others in mess halls, sleeping tents and gyms. Last week, the American commander of the NATO force, Gen. John Allen, ordered that NATO troops across Afghanistan keep a loaded magazine in their weapons, even when on base.  This year, an Army captain described an informal buddy system at his base of troops signaling each other to keep a close watch on armed Afghans nearby, especially if one of their comrades was diverted by some task.  “‘Shona-ba-shona,’ OK,” the captain said, invoking the “shoulder-to-shoulder” slogan of the NATO force and its Afghan partners. “But also: ‘Eyes on, all times.'”…..

How to guard against such attacks is the subject of considerable debate in military leadership circles, because overtly heavy-handed measures can send a signal to the Afghans that they are not trusted, which can be taken as an insult. And in traditional Afghan culture, perceived insult can swiftly lead to exactly the sort of violence the attacks represent…The phenomenon is so pervasive that the killings have their own evolving nomenclature. Previously, the military called them green-on-blue attacks, a color-coded reference to Afghan and Western forces. Now the preferred, more encompassing term is “insider threat,” stemming from the fact that assailants have included not only uniformed police and soldiers, but also civilian members of the Afghan security apparatus, or simply someone with access to a coalition base, even in a low-level capacity.

The Taliban movement has noted the rising number of insider shootings with ill-concealed delight, boasting of having infiltrated all branches of the Afghan security forces. In the past, the Taliban leadership claimed responsibility for virtually every such attack, but lately the group’s publicity machine often cites individual initiative by those without links to the insurgency.  “Our fighters are in the ranks of the police, army and intelligence service, but there are also some who carry out attacks on foreign troops only because they are Afghans and Muslims and act on their religious obligation to protect their country from invading forces,” said Zabiullah Mujahid, a spokesman for the group. “It is an indication of utter hatred against the foreigners.”…….

Some analysts believe part of the problem is the sheer longevity of the war, now in its 11th year. In the conflict’s early stages, such attacks were an extreme rarity.  “I wouldn’t say it’s normal, but I think it’s understandable in a war situation which is lasting for more than a decade,” said Fabrizio Foshini of the Afghan Analysts Network. “The conflict has been becoming worse, nastier — and the presence of foreign troops doesn’t seem in the eyes of many Afghans to have brought positive changes.”

Laura King, Afghanistan ‘insider’ attacks pose threat to West’s exit strategy, LA Times, August 20, 2012

Torture Techniques in Clandestine Prisons

The al Qaeda suspects who were subjected to so-called harsh interrogation techniques, and the lawyers charged with defending them at the Guantanamo Bay military tribunals, are not allowed to talk about the treatment they consider torture.  Defense attorneys say that and other Kafkaesque legal restrictions on what they can discuss with their clients and raise in the courtroom undermine their ability to mount a proper defense on charges that could lead to the death penalty.  Those restrictions will be the focus of a pretrial hearing that convenes this week.  Prosecutors say every utterance of the alleged al Qaeda murderers, and what their lawyers in turn pass on to the court, must be strictly monitored precisely because of the defendants’ intimate personal knowledge of highly classified CIA interrogation methods they endured in the agency’s clandestine overseas prisons.  Defense attorneys called that view extreme.  “Everything is presumptively top secret. So if my client had a tuna fish sandwich for lunch, I couldn’t tell you that,” Cheryl Bormann, who represents defendant Walid bin Attash, said after the May arraignment of the men charged with plotting the 9/11 attacks on the World Trade Center.  At one point in the arraignment, another of bin Attash’s attorneys, Air Force Captain Michael Schwartz, was explaining why his client refused to cooperate. Just when things got interesting, a security officer cut the audio feed to the media and others observing the proceedings from behind a soundproof glass wall with a 40-second audio delay.  “The reason for that is the torture that my client was subjected to by the men and women wearing the big-boy pants down at the CIA, it makes it impossible …,” Schwartz said during the blocked portion of the arraignment, according to a partial transcript later declassified.  Prosecutors have said in court filings that any revelations about the defendants’ interrogations could cause “exceptionally grave damage.”

Civil libertarians argue that if those interrogation methods really are top secret, then the CIA had no business revealing them to al Qaeda suspects.  Defense attorneys will challenge the secrecy rules at the pretrial hearing that begins on Wednesday at the Guantanamo Bay U.S. Naval Base.  Prosecutors have about 75,000 pages of evidence to turn over to defense attorneys in the 9/11 case, but they won’t do it until the judge, Army Colonel James Pohl, issues protective orders aimed at safeguarding the material.

Hundreds of men suspected of supporting al Qaeda or the Taliban were rounded up in Afghanistan, Pakistan and elsewhere and shipped to Guantanamo in response to the September 11 attacks. (Of the 779 men who have been held at Guantanamo since the prison operation began in 2002, 168 remain.)  The CIA took custody of the “high-value” captives believed to have top-level information that could help the U.S. and its allies prevent further attacks.  It held them incommunicado for three or four years and transferred them among secret overseas prisons, questioning them with interrogation methods that defense attorneys say amounted to torture and which the Obama administration has since banned.  Some details of the program, including waterboarding, mock executions and sleep deprivation, have already been disclosed by Bush and the CIA itself. Jose Rodriguez, a former CIA official, recently defended them in news interviews to promote his book, “Hard Measures: How Aggressive CIA Action After 9/11 Saved American Lives.”

Yet in both the 9/11 case and that of Abd al Rahim al Nashiri, who is accused of sending suicide bombers to ram a boat full of explosives into the side of the USS Cole off Yemen in 2000, the government presumes that every word spoken by the defendants, in the past and in the future, is classified at the highest level — “Top Secret,” with a “Sensitive Compartmented Information,” which is routinely shortened to TS/SCI.  The defendants’ words are also “born classified,” a status their lawyers said has previously been used only to safeguard details about nuclear weapons. So are all documents and legal motions related to their cases, which cannot be made public unless they’re cleared by a Department of Defense Security Classification Review team.  How that team works is a secret.  “I’ve never seen them. I’ve never communicated (with them). No one has ever been able to tell me that,” said James Connell, a lawyer for 9/11 defendant Ali Abdul Aziz Ali.  The Pentagon would say only that the review team includes both civilians and uniformed military personnel and that it can take up to 15 business days to make its decisions.

Proscribed topics include details of the defendants’ capture, where they were held and under what conditions, the names and descriptions of anyone who transferred, detained or interrogated them and the methods used to get information from them, according to the court documents.

Defense lawyers say the classification system used at Guantanamo violates President Barack Obama’s 2009 order that prohibits using secrecy labels to conceal lawbreaking or prevent political embarrassment. They say it also “eviscerates” the legal defense protections Congress set down in the law that authorizes the Guantanamo tribunals.  The government’s secrecy rules mean that every lawyer, paralegal and expert on the prosecution and defense teams must undergo an extensive background check and obtain a TS/SCI clearance. Once they get clearance, they are briefed on what has to stay secret. The document that forms the basis of the presumptive classification is itself secret.  “It is ridiculous,” said Army Captain Jason Wright, one of the lawyers for accused 9/11 mastermind Khalid Sheikh Mohammed. “The briefing is classified, so I can’t discuss what I can and cannot discuss.”

Mohammed’s lawyers have asked the UN special rapporteur for torture, Juan E. Mendez, to investigate claims that their client was tortured. But they could only share with Mendez the information that has been publicly declassified.  “We are prohibited from sharing any details of his mistreatment, even to the special rapporteur,” Wright said.

The American Civil Liberties Union has filed a challenge arguing that the government has no legal authority to classify information that it not only disclosed to the defendants but forced them to learn.  “The question here is: Can the government subject people to torture and abuse and then prevent them from talking about it?” said Hina Shamsi, director of the ACLU’s National Security Project.  The ACLU said the claim of broad authority to gag defendants infringes on the American public’s right to open trials and goes far beyond what the courts have allowed, namely that censorship must be narrowly tailored and aimed at protecting a compelling government interest.

Excerpt, Jane Sutton and Josh Meyer, Insight: At Guantanamo tribunals, don’t mention the “T” word, Reuters, Aug. 20, 2012

The Y-12: Nuclear Weapons Alive and Well

Nearly three weeks after a stunning security breach shut down the Y-12 nuclear weapons plant, the government on Wednesday (Aug. 15, 2012) authorized the restart of nuclear operations…..B&W Y-12, the managing contractor, ordered a “security stand-down” on Aug. 1, 2012 soon after the unprecedented intrusion July 28 by three Plowshares protesters, who reportedly scaled a ridge on the north side of Y-12 and walked all the way to the plant’s high-security inner core. The protesters …. used bolt-cutters to pass through a series of sensor-laden security fences and reach the fortresslike uranium storehouse, which they defaced with spray-painted protest messages and human blood. The breach raised deep questions about site vulnerabilities and prompted multiple investigations, which are still under way.The approval to restart nuclear operations has no bearing on the “show cause” notice that the National Nuclear Security Administration sent to B&W Y-12 last week, Wyatt said.

In the Aug. 10, 2015 letter to the contractor, the NNSA said security concerns raised by the break-in and the response to it were so severe as to potentially harm the ability to carry out the Y-12 contract. ….It wasn’t clear how long it would take Y-12 to get the uranium operations and other activities, including the dismantlement of old warhead parts, up and running or restart manufacturing programs.  In its “show cause” letter to B&W, the NNSA said a “high number” of cameras associated with the plant’s PIDAS (Perimeter Intrusion Detection and Assessment System) were inoperable at the time of the July 28, 2012intrusion in the predawn hours. ”

Excepts from   Frank Munge, Feds authorize restart of Y-12’s nuke operations,
Knoxville News Sentinel, Aug. 15, 2012

Who is Trapwire? CIA’s surveillance machinery

Trapwire is the name of a program revealed in the latest Wikileaks bonanza—it is the mother of all leaks, by the way….. “Former senior intelligence officials have created a detailed surveillance system more accurate than modern facial recognition technology—and have installed it across the U.S. under the radar of most Americans, according to emails hacked by Anonymous.  Every few seconds, data picked up at surveillance points in major cities and landmarks across the United States are recorded digitally on the spot, then encrypted and instantaneously delivered to a fortified central database center at an undisclosed location to be aggregated with other intelligence. It’s part of a program called TrapWire and it’s the brainchild of the Abraxas, a Northern Virginia company (has been acquired by Cubic corporation) staffed with elite from America’s intelligence community.  The employee roster at Arbaxas reads like a who’s who of agents once with the Pentagon, CIA and other government entities according to their public LinkedIn profiles, and the corporation’s ties are assumed to go deeper than even documented. The details on Abraxas and, to an even greater extent TrapWire, are scarce, however, and not without reason. For a program touted as a tool to thwart terrorism and monitor activity meant to be under wraps, its understandable that Abraxas would want the program’s public presence to be relatively limited. But thanks to last year’s hack of the Strategic Forecasting intelligence agency, or Stratfor, all of that is quickly changing.”  So: those spooky new “circular” dark globe cameras installed in your neighborhood park, town, or city—they aren’t just passively monitoring. They’re plugged into Trapwire and they are potentially monitoring every single person via facial recognition.

Excerpts, David Seaman, WIKILEAKS: Surveillance Cameras Around The Country Are Being Used In A Huge Spy Network, Businessinsider.com, Aug. 10, 2012

See also Top Secret America

The Alliance between CIA and Pakistan

And, perhaps most crucially, the two fractious allies’ top spies are talking again, with a view to enhancing their cooperation as the 2014 deadline for a withdrawal of U.S. troops from Afghanistan looms.   The relationship between the CIA and Pakistan’s Inter-Services Intelligence (ISI) agency has been at the core of Washington and Islamabad’s alliance for over a decade now — and sometimes the source of the mutual misery. After 9/11, both intelligence agencies collaborated closely to capture scores of al-Qaeda suspects. But over the past two years, as suspicions have grown, the two sides have become near adversaries.

The ISI is often accused of supporting jihadist proxies attacking U.S. and NATO troops in Afghanistan — and is widely considered to have been either incompetent or complicit when it came to Osama bin Laden’s presence in Pakistan. The CIA was found to be operating independently within Pakistan’s jealously guarded territory, running unauthorized contractors, recruiting local informants and showering drones at their fiercest pace yet.  But as bitter memories of those disputes begin to recede and new faces assume leadership roles, there is some cautious optimism going forward now — this despite domestic imperatives in both countries (an election year in the U.S., the heated anti-American populism in Pakistan) making rapprochement difficult. Last month the new head of ISI, Lieut. General Zaheer-ul-Islam, made his first visit to Washington, meeting with top intelligence, defense and Administration officials. Tentative agreements were made in terms of joint operations against militants in the region, the Wall Street Journal reported. But, officials from both sides say, fundamental differences linger.

Little is known about General ul-Islam, but a change at the top of ISI will please U.S. security officials. The previous ISI chief, now retired Lieut. General Ahmad Shuja Pasha, had become fiercely hostile to Washington in his final year — engaging in “shouting matches” with then CIA director Leon Panetta, cutting cooperation down to a minimum, ordering the harassment of U.S. diplomats in Pakistan and locking up Shakil Afridi, the physician who ran a vaccination program in the town where bin Laden was found hiding.

Afridi is currently serving a 33-year sentence handed down to him by a tribal court. The charges were not explicitly for spying for the U.S., but there is little doubt in observers’ minds that this is the reason he was punished. Afridi wasn’t arrested for the alleged offenses he has been convicted for until the ISI discovered his vaccination program and links to the CIA. At one point, according to a Pakistani military official familiar with the discussions, the CIA suggested that the ISI strip Afridi of his nationality and hand him over to the U.S. General Pasha angrily refused, saying it would set a bad precedent — one that could encourage others to spy for foreign countries if there were no consequences. U.S. Congressmen reacted angrily to Afridi’s imprisonment, voting to cut $33 million of U.S. assistance to Pakistan, one million for each year he’s serving in prison. The question of Afridi’s fate will likely have come up during ul-Islam’s visit to the U.S. There may be no movement soon, but if relations between Washington and Islamabad grow warmer, the ISI may eventually be persuaded to arrange for Afridi’s quiet release.

The harassment of U.S. officials hasn’t changed much, says a U.S. official. Vehicles are constantly stopped, security personnel searched with unusual rigor, and there is even pressure on the U.S. to abandon the construction of a new consulate in Peshawar. On other fronts, ul-Islam has maintained a low profile, a decision thought to be influenced by his predecessor’s controversial visibility. “Unlike General Pasha,” says a senior politician from Pakistan’s opposition Pakistan Muslim League-Nawaz party, “we don’t see the new head of the ISI interfering in politics — yet.”

During the new ISI chief’s visit, U.S. officials repeated their long-standing concerns about the Haqqani network, a potent jihadist group linked to al-Qaeda that is based in Pakistan’s North Waziristan tribal territory along the Afghan border. From their sanctuary there, say U.S. officials, the group contentedly plots terrorist attacks on U.S. and NATO troops in Afghanistan, before slipping back across the border. The ISI is widely suspected of offering the group support, with Admiral Mike Mullen, former Chairman of the Joint Chiefs of Staff, even describing the Haqqanis as “a veritable arm of the ISI” in his valedictory testimony before Congress last year.

The Pakistanis deny backing the Haqqanis but concede links with them and their reluctance to confront them. They plaintively cite a lack of resources and insist their priority is targeting militants mounting attacks inside Pakistan, but tellingly add that the Haqqanis will be crucial to any future Afghan settlement that Pakistan hopes to be a part of. But a series of unremitting, violent attacks in and around Kabul, authored by the Haqqanis, has intensified the pressure on the Pakistanis.

Last October, Pakistan’s army chief, General Ashfaq Kayani, discussed the possibility of “limiting the space” given to the Haqqanis in North Waziristan with Clinton during her visit to Islamabad. The Pakistani army said it had certain contingency plans in place for limited, surgical operations to reclaim territory in some of North Waziristan’s main towns. These plans were shelved soon after, with the deaths of the Pakistani soldiers in November 2011. Now, as pressure builds again, with enduring attacks and Congressmen calling for the Haqqani network to be designated as a foreign terrorist organization, the plans will have to be revisited. The new U.S. ambassador to Pakistan, Richard Olson, told U.S. lawmakers during his confirmation hearings last month that he will be committed to taking on the Haqqanis.

Without a Pakistani military operation against the Haqqanis, the CIA has focused on drone strikes against them and other militants in the region. The strikes, U.S. officials insist, are effective. Some Pakistani military officials also have conceded improved accuracy. But there are limits to what can be achieved by a drone-only strategy, and there are political costs. Drone strikes have not only become hugely unpopular in Pakistan, where the parliament has united in denouncing them, but also across the world. A Pew Research Center survey published in June found that majorities in countries as diverse as France, Germany, the Czech Republic, China, Japan, Brazil and Turkey opposed the widespread use of drone strikes.

An acknowledgment of the accumulating political costs may temper the frequency with which the CIA uses drone strikes. General David Petraeus, the new CIA director, is said to appreciate that the program is unsustainable. Previous CIA director Panetta was seen as being indulgent of “the CT guys and their shiny toys,” says the official. Drone strikes increased to a pace of one every four days at their height.

But there are certain points at which they are seen as a necessity — and they will continue to be used despite ul-Islam’s insistence last month in Washington that they stop. Just days after Clinton’s apology and the reopening of the NATO supply lines, a drone strike in North Waziristan reportedly killed 20 suspected militants. The actual figure, the U.S. official says, was lower. But it was a truck packed with explosives heading across the border. “It was a clear shot,” the official says. “We had to take it.” And that is one of the many differences in opinion that both sides will somehow have to learn to live with.

Omar Waraich.The CIA and ISI: Are Pakistan and the U.S.’s Spy Agencies Starting to Get Along?, Time, Aug. 7, 2012

Rogue Army or Rogue Soldiers? Haditha Massacre, Iraq

Defense Secretary Leon Panetta has directed a panel of experts to assess whether reforms are needed in the way the military justice system handles crimes committed by U.S. forces against civilians in combat zones, the Pentagon said on Friday (Aug. 3, 2012).  While the Pentagon said the decision was not linked to any specific case, it follows a spate of incidents in Afghanistan that have outraged the local population, including one in which a soldier is suspected of killing 16 villagers in a shooting rampage.   “There is no one case that motivates this,” said Jeh Johnson, the Pentagon’s top lawyer, who explained Panetta’s decision to undertake the review.  “We’ve now been in deployed areas for over 10 years,” he said. “We want to ask ourselves every once in a while: Is the system working like it should? Are there reforms that could be brought about to better apply military justice in deployed areas when the offense involves civilians?”

Panetta asked a subcommittee of the newly established Defense Legal Policy Board to review cases over the past decade in which U.S. forces committed crimes against civilians in Iraq and Afghanistan to see whether judicial procedures need to be improved.  “Abuses have been rare among our professional fighting force, but they became huge flash points that threatened to undermine our entire mission and the foundation of our relationship with the host government and its people,” Panetta said in a memorandum to the Pentagon leadership.  “For offenses that take place in a country in which we operate alongside the civilian population, it is critical that our system of military justice be efficient, fair, dependable and credible,” he added.

The review is expected to look into cases like the Haditha massacre in Iraq, where Marines killed 24 civilians. Of the eight Marines originally charged in the case, only one was found guilty — of dereliction of duty.  Cases like the one against Army Staff Sergeant Robert Bales, who is accused in the slayings of 16 Afghan civilians earlier this year, may not factor into the investigation. Panetta’s instructions call for the panel not to “intrude upon any pending case or investigation.”

The review panel will be led by former top Pentagon lawyer Judith Miller and retired Major General Walter Huffman, a former Army judge advocate general. While largely made up of lawyers, the panel also includes retired military commanders and a former police criminal investigator.  The group is expected to deliver a report within seven months to the Defense Legal Policy Board, which will review the findings before passing them to the defense secretary.

Panetta orders review of military justice in combat zones, August 03, 2012|David Alexander | Reuters

UNESCO World Heritage: Failed States and Kleptocratic Elites

UNESCO’s World-Heritage regime began life 40 years ago, when dozens of countries signed up to the idea that the world’s cultural and natural patrimony was under threat not only from “traditional causes of decay” but also because of “changing social and economic conditions”. Among those who endorsed the principle was the Republican administration of Richard Nixon, which gave remarkably high priority to conservation and the environment. (Since then, America has had a stormy relationship with UNESCO; it cut off payments to the agency last year, under a law which denies funding to any body that admits Palestine.)

In many poorer countries which host heritage sites, the biggest changes since 1972 have been exploding populations and a huge rise in global tourism, combined with a lack of the governance needed to cope with both phenomena. Angkor Wat, a temple complex in Cambodia, and the Inca fortress of Machu Picchu in Peru (pictured above) are often cited as places of world-historical importance where a vast influx of tourists may be causing serious damage. By recognising and thus publicising individual sites, UNESCO and other cultural watchdogs risk harming the cause of conservation, which would be better served if visitors to the country were spread around a broader range of places.

But there are no easy ways to maintain heritage sites in relatively poor countries; it requires delicate balancing acts, much local diplomacy and long-term engagement, according to organisations that work in that field. Even a well-functioning state, be it democratic or authoritarian, will fail to conserve monuments unless local people see an interest in maintaining their heritage and using it rationally, says Vincent Michael, new chairman of the Global Heritage Fund (GHF), based in California. The effort will collapse if cultural heritage is seen either as a pesky impediment to making money, or as something to be exploited for short-term gain. Nor should local economies ever be too reliant on tourism, which can fall as rapidly as it rises….

But in many places where sites are at risk, government either does not operate at all, or functions only in the interest of a kleptocratic elite. In some such places, so-called non-state players (from warlords to private firms to religious leaders) are about the only things that really function at all…

One of the biggest global challenges to conservation, says the WMF’s president, Bonnie Burnham, is that national agencies which control precious places (culture ministries, for example) often have no say over what goes on—in terms of development, transport or sanitation—in the surrounding areas. That is one of the obstacles to conserving Inca sites in Peru…

As part of her agency’s [UNESCO] effort to stop the traffic in stolen art, Ms Bokova  [UNESCO’s director-general]has started a dialogue—a constructive one, she says—with commercial auction houses. Perhaps she should also be talking more to tour operators, and even darker forces, from the conservationists’ viewpoint, like road-builders and mining companies.

Excerpts, The Heritage Debate: Living Treasure, Economist, July 14, 2012, at 73

Indigenous Peoples Rights and Energy Projects: the Inter-American Court of Human Rights

Deep in the rainforest, the village of Sarayaku is two days by river from the nearest town. But its 1,200 Kichwa Indians are now in the spotlight. On July 25th the Inter-American Court of Human Rights ruled that Ecuador’s government had ignored the rights of Sarayaku’s residents when granting permission for an energy project—putting governments in the Americas on notice that big physical investments are not legal until the indigenous people they affect have had their say.

The dispute began in 1996 when Petroecuador, the state oil firm, signed a prospecting deal with a consortium led by Argentina’s Compañía General de Combustibles (CGC). Much of the area it covered was the ancestral land of Sarayaku’s residents, who were not consulted. CGC later offered locals medical aid for their consent. Some villages signed up, but Sarayaku held out.  Nonetheless, by early 2003 CGC had drilled 467 boreholes around the town for seismic surveying, and packed them with 1,433kg of high explosives. They were never detonated, and remain buried in the forest. As well as felling trees and destroying a sacred site, the company ruined some of Sarayaku’s water sources. Work ceased in 2003, and CGC’s contract ended in 2010.

The court found that the state had breached the villagers’ rights to prior consultation, communal property and cultural identity by approving the project, and that CGC’s tests had threatened their right to life. It ordered the government to pay damages, clear the remaining explosives and overhaul its consultation process. In future affected groups must be heard in a plan’s “first stages…not only when the need arises to obtain the approval of the community.” However, the judges did not ban prospecting on Sarayaku lands. The right to consultation does not grant a veto.

The ruling will be studied closely in the myriad Latin American countries struggling to balance big investments with local rights. A narrow reading of the decision suggests that governments must tiptoe around indigenous concerns, but can act more boldly when other groups protest, since the ruling was based partly on the International Labour Organisation’s Indigenous and Tribal Peoples Convention.

The ruling also shows that the regional justice system has not lost its mettle. In 2011 the Inter-American Commission on Human Rights, which litigates cases at the court, asked Brazil to halt work on the huge Belo Monte dam because its neighbours were not given a sufficient chance to speak up. Brazil’s government, which had authorised the dam only after a long public debate, saw this as a violation of its sovereignty. It did not comply, and stopped contributing money to the commission.  The commission was weakened by angering the region’s biggest country and by the criticism that it had exceeded its mandate. After Brazil presented new evidence in the case, the commission reversed its stance on Belo Monte. Moreover, last month the Organisation of American States voted to draft a reform plan for the commission, which some fear could strip it of important powers. Ecuador was among the commission’s loudest critics.

The Sarayaku case was not as heated as Belo Monte, since Ecuador’s government had already promised to pay damages. However, the court’s decision did strongly reassert its right to intervene in development cases. Moreover, Ecuador’s government plans to tender a big chunk of the Amazon for oil exploration later this year, despite indigenous opposition. If neither side backs down and the protesters appeal, the court’s next ruling on development in Ecuador may be far more contentious.

Indigenous rights in South America: Cowboys and Indians, Economist,July 28, 2012, at 32

For the Fear of Iran: The Nuclear Power in the Gulf

Saudi Arabia is pressing ahead with its ambitious plans to develop nuclear power to meet rising electricity demand and save oil for export.  But the outlook for other Arab states is less promising because of political turmoil and a lack of financial resources.  The Saudis have built a foreign assets cushion of around $500 billion from oil exports. It has used this immense wealth to buy its way out of trouble; for instance, heading off pro-democracy protests with massive social spending in recent years.  But, the Middle East Economic Digest observed, “a more serious set of challenges now faces the kingdom that threaten to be even more destabilizing.  “Inefficient and wasteful energy consumption, coupled with a rising population, is leading the kingdom to burn even more of its natural resources at home rather than selling them abroad and adding to the proceeds of the half-trillion-dollar cash pile.  “Unless action is taken, the kingdom could find it needs the oil price to be $320 a barrel by 2030 just to balance the budget,” the weekly, published in the United Arab Emirates, warned.  Nuclear power is seen as the solution. But, as MEED stressed, “time is of the essence.”

For one thing, Saudi Arabia and other Arab states, including the United Arab Emirates, Kuwait, Qatar and Egypt, have no wish to lag any further behind Iran and Israel in developing nuclear technologies.  In 2010, the King Abdallah Center for Atomic and Renewable Energy, known as KAcare, was established to oversee the gulf state’s nuclear program under its president, Hashim bin Abdullah Yamani, who was accorded ministerial powers.  KAcare consultant Ibrahim Babelli said in 2010 it took 3.4 million barrels of oil equivalent a day — known as boe/d — to power electricity generation. This is expected to more than double by 2028 to 8.3 million boe/d.

The aim of the Saudis’ $100 billion nuclear program is to achieve an electricity output of 110 gigawatts by 2032.  The Financial Times reports that in 2009, the latest data available, Saudi electricity capacity was 52GW from 79 power stations.  At least 16 nuclear reactors, each costing around $7 billion, are planned, with the first producing by 2019.  Some estimates state the kingdom, the world’s largest oil exporter, will burn as much as 1.2 million barrels of oil daily on electricity production, almost double the 2010 total, to meet domestic and industrial demand.  This is crucial, as the Saudis are driving to build an industrial infrastructure to sustain the economy when the oil fields run down. Some have already begun to decline.  For total reliance on nuclear power, Babelli says, 40-60 reactors would be needed by 2030. That’s four-six reactors per year from 2020.  “That’s stretching it,” he said. “The answer is an energy mix.”

That means fossil fuels will still be needed, probably as the primary energy source, while wind, solar and nuclear power capabilities are developed. KAcare is developing solar power projects that MEES estimates should produce 41GW within 20 years with geothermal and waste-to-energy systems providing 4GW.  The Emirates, which launched its nuclear energy program in 2009, is the most advanced in the Arab world, with Saudi Arab running second.  The United Arab Emirates’ $30 billion program — $10 billion more than originally planned — is smaller in scale than that in Saudi Arabia.  Both states benefit from political stability and vast financial reserves. Other regional states are less fortunate.

Bahrain, Qatar, Kuwait, Egypt and Jordan all have announced plans to invest in nuclear energy to crank up electricity generation but all have lagged behind or scrapped their programs because of lack of funds or foreign investment.  “Kuwait has the cash,” MEED reported, “but it’s been through eight governments in the past six years.”  Sunni-ruled Bahrain, an island state neighboring Saudi Arabia, “continues to face destabilizing protests by its majority Shiite population and its budget is already in deficit.”  Egypt remains convulsed by the political turmoil that ensued following the February 2011 overthrow of President Hosni Mubarak, its economy sagging dangerously.  In Jordan, heavily reliant on foreign aid, parliament recently scrapped nuclear plans as “hazardous and costly.”  Failure to start boosting electricity generation for burgeoning populations in the coming decades almost certainly will mean more political upheavals.

Saudis, Emirates push nuclear power plans, UPI,July 26, 2012

The Next Pandemic and the US Military

U.S. military forces are the front line of U.S. national security, but as a globally deployed force they are also on the front line of any new pathogen-based health threat that may emerge [including also due to biological warfare]. As overall human activity pushes ever further into previously undeveloped territory, the likelihood of exposure to new pandemic diseases increases.  The 2009 Army Posture Statement, cites a World Health Organization estimate of between 20 and 50 percent of the world’s population being affected if a pandemic were to emerge. WHO forecasts “it may be six to nine months before a vaccine for a pandemic virus strain becomes available.” In a separate report on pandemic influenza, the WHO describes several challenges to producing sufficient volumes of vaccine using current, egg-based protein-production technology, including the likelihood that two doses per person could be required due to the absence of pre-existing immunity.

In short, the potential for a pandemic exists and current technological limitations on defensive measures put the health and readiness of U.S. military forces at risk. A technological solution to increase the speed and adaptability of vaccine production is urgently needed to match the broad biological threat.

DARPA’s Blue Angel program seeks to demonstrate a flexible and agile capability for the Department of Defense to rapidly react to and neutralize any natural or intentional pandemic disease. Building on a previous DARPA program, Accelerated Manufacture of Pharmaceuticals, Blue Angel targets new ways of producing large amounts of high-quality, vaccine-grade protein in less than three months in response to emerging and novel biological threats. One of the research avenues explores plant-made proteins for candidate vaccine production.“Vaccinating susceptible populations during the initial stage of a pandemic is critical to containment,” said Dr. Alan Magill, DARPA program manager. “We’re looking at plant-based solutions to vaccine production as a more rapid and efficient alternative to the standard egg-based technologies, and the research is very promising.”

In a recent milestone development under Blue Angel, researchers at Medicago Inc. produced more than 10 million doses (as defined in an animal model) of an H1N1 influenza vaccine candidate based on virus-like particles (VLP) in one month….“The results we’ve achieved here with plant-based production of vaccines represent both significant increase in scale and decrease in time-to-production over previous production capabilities in the same time period. The plant-made community is now better positioned to continue development and target FDA approval of candidate vaccines,” Magill said. “Once the FDA has approved a plant-made vaccine candidate, the shorter production times of plant-made pharmaceuticals should allow DoD to be much better prepared to face whatever pandemic next emerges.”

DARPA Makes 10 Million Strides in the Race to Contain a Hypothetical Pandemic, July 25, 2012

How to Falsify Radiation Levels: Japan

Japan’s Ministry of Health, Labor and Welfare is investigating a report that workers at the damaged Fukushima Daiichi nuclear power plant were told to use lead covers in order to hide unsafe radiation levels, an official said.The alleged incident happened December 1, nine months after a major earthquake and tsunami ravaged northern Japan and damaged the plant.”We’ll firmly deal with the matter once the practice is confirmed to constitute a violation of any law,” said the ministry official, who could not be named in line with policy.  An official with the plant’s operator, TEPCO, said the company received a report of the alleged incident Thursday from subcontractor Tokyo Energy & Systems. The report said a second subcontractor, Build-Up, created the lead covers and ordered workers to use them over their dosimeters, pocket-size devices used to detect high radiation levels.The TEPCO official could also not be named in line with policy.  okyo Energy & Systems said in its report that the workers never used the covers, the TEPCO official said. Japan’s Asahi Shimbun newspaper, however, reported Saturday that while some workers refused the orders to use the lead covers, nine others did use them for several hours.

The newspaper’s report cited plant workers, who described the lead covers as fitting snugly over the dosimeters inside the breast pockets of the workers’ protection suits.

TEPCO told CNN it ordered Tokyo Energy & Systems Inc. to conduct an investigation and is awaiting a reply.

Report: Japan nuclear workers told to hide radiation levels, CNN, July 21, 2012

The Essence of Imperialism: Australia in the Pacific

Nor is it the first time Vanuatu has clashed with the Australian Federal Police (AFP). In 2004 its government closed down the AFP offices in the capital, Port Vila, and expelled officers, after allegations that they were spying and interfering with domestic politics. The AFP’s main concerns in Vanuatu have been over the country marketing itself vigorously as an international tax haven, and over the risk posed by the volatile Vanuatu Mobile Force, the paramilitary wing of the local police force. Protecting Australia’s national interests under the guise of so-called capacity-building can quickly lead to tensions.

The AFP’s activities in Vanuatu have been part of a broader expansion over the past decade of Australian policing across the Pacific. Peacekeeping missions to Timor-Leste since 1999 and to the Solomon Islands, beginning in 2003, boosted police numbers. In the past decade, the AFP has trebled in size and increased its budget fivefold. The AFP commissioner now has an influential role on the Australian cabinet’s national-security committee. In Australia most domestic policing is carried out by state police forces, leaving the federal force largely free, outside aboriginal communities in the Northern Territory, to focus on international deployments.

Their efforts have often led to accusations of heavy-handedness. In 2005 a mission to Papua New Guinea was abandoned after that country’s Supreme Court ruled that legal immunities granted to AFP officers were unconstitutional. In 2006 the Solomon Islands’ police chief, Shane Castles, an Australian, was sacked and declared an “undesirable immigrant” after a raid by his police officers on the office of the prime minister. That raid was connected with the AFP’s long-standing pursuit of the Solomon Islands’ then attorney-general, Julian Moti, on charges of sex with an underage girl. Mr Moti was deported to Australia in 2007, arrested and brought before the courts. In December 2011 the High Court threw the case out, finding that Australian officials had colluded in Mr Moti’s illegal deportation.

The Australian Federal Police in the Pacific: Booting out big brother, Economist, May 19, 2012, at 49

Resuscitating Collapsed Fisheries: catch shares

For American fish, this is a good time to be alive. On May 14th, 2012 the National Oceanic and Atmospheric Administration (NOAA) reported that a record six federal fisheries returned to health last year. After a decade of similar progress, 86% of America’s roughly 250 federally monitored commercial fish stocks were not subject to overfishing; 79% were considered healthy…

In the late 1980s cod fisheries in the Gulf of Maine and Georges Bank collapsed. This led to efforts to improve the fishery act, in 1996 and 2006, which forced the eight regional bodies that manage federal fisheries to introduce science-based quotas and ten-year recovery programmes for depleted fisheries. The recent recovery of species, including New England scallops, mid-Atlantic bluefish and summer flounder and Pacific lingcod, is the result. This signals another truth: given a break, the marine environment can often replenish itself spectacularly.

America’s fisheries are probably now managed almost as well as the world’s best, in Norway, Iceland, New Zealand and Australia. Yet there is plenty of room for improvement. State-run fisheries, which tend to be close to shore and dominated by small-scale and inefficient fishermen, are less well funded and well managed and much poorer for it. New England groundfish stocks, including cod, have also not recovered: they account for 13 of the remaining depleted populations. This appears to be partly the result of environmental change, climatic or cyclical.

And the politicians are still interfering. On May 9th the House passed legislation forbidding NOAA from developing an innovative means of apportioning fishing quotas, known as catch shares. These are long-term, aiming to give fishermen a stake in the future of their fisheries; market-based, since they can be traded; and, in practice, good for fish. Sadly, the two Republican congressmen behind the ban consider they have been designed “to destroy every aspect of American freedom under the guise of conservation”.

Fish stocks: Plenty more fish in the sea, Economist, May 26, 2012, at 32

Military Robots and Automated Killing

Military robots come in an astonishing range of shapes and sizes. DelFly, a dragonfly-shaped surveillance drone built at the Delft University of Technology in the Netherlands, weighs less than a gold wedding ring, camera included. At the other end of the scale is America’s biggest and fastest drone, the $15m Avenger, the first of which recently began testing in Afghanistan. It uses a jet engine to carry up to 2.7 tonnes of bombs, sensors and other types of payload at more than 740kph (460mph).

On the ground, robots range from truck-sized to tiny. TerraMax, a robotics kit made by Oshkosh Defense, based in Wisconsin, turns military lorries or armoured vehicles into remotely controlled or autonomous machines. And smaller robotic beasties are hopping, crawling and running into action, as three models built by Boston Dynamics, a spin-out from the Massachusetts Institute of Technology (MIT), illustrate.  By jabbing the ground with a gas-powered piston, the Sand Flea can leap through a window, or onto a roof nine metres up. Gyro-stabilisers provide smooth in-air filming and landings. The 5kg robot then rolls along on wheels until another hop is needed—to jump up some stairs, perhaps, or to a rooftop across the street. Another robot, RiSE, resembles a giant cockroach and uses six legs, tipped with short, Velcro-like spikes, to climb coarse walls. Biggest of all is the LS3, a four-legged dog-like robot that uses computer vision to trot behind a human over rough terrain carrying more than 180kg of supplies. The firm says it could be deployed within three years.

Demand for land robots, also known as unmanned ground vehicles (UGVs), began to pick up a decade ago after American-led forces knocked the Taliban from power in Afghanistan. Soldiers hunting Osama bin Laden and his al-Qaeda fighters in the Hindu Kush were keen to send robot scouts into caves first. Remote-controlled ground robots then proved enormously helpful in the discovery and removal of makeshift roadside bombs in Afghanistan, Iraq, and elsewhere. Visiongain, a research firm, reckons a total of $689m will be spent on ground robots this year. The ten biggest buyers in descending order are America, followed by Israel, a distant second, and Britain, Germany, China, South Korea, Singapore, Australia, France and Canada.

Robots’ capabilities have steadily improved. Upload a mugshot into an SUGV, a briefcase-sized robot than runs on caterpillar tracks, and it can identify a man walking in a crowd and follow him. Its maker, iRobot, another MIT spin-out, is best known for its robot vacuum cleaners. Its latest military robot, FirstLook, is a smaller device that also runs on tracks. Equipped with four cameras, it is designed to be thrown through windows or over walls.

Another throwable reconnaissance robot, the Scout XT Throwbot made by Recon Robotics, based in Edina, Minnesota, was one of the stars of the Ground Robotics Capabilities conference held in San Diego in March. Shaped like a two-headed hammer with wheels on each head, the Scout XT has the heft of a grenade and can be thrown through glass windows. Wheel spikes provide traction on steep or rocky surfaces. In February the US Army ordered 1,100 Scout XTs for $13.9m. Another version, being developed with the US Navy, can be taken to a ship inside a small aquatic robot, and will use magnetic wheels to climb up the hull and onto the deck, says Alan Bignall, Recon’s boss.

Even more exotic designs are in development. DARPA, the research arm of America’s Department of Defence, is funding the development of small, soft robots that move like jerky slithering blobs. EATR, another DARPA project, is a foraging robot that gathers leaves and wood for fuel and then burns it to generate electricity. Researchers at Italy’s Sant’Anna School of Advanced Studies, in Pisa, have designed a snakelike aquatic robot. And a small helicopter drone called the Pelican, designed by German and American companies, could remain aloft for weeks, powered by energy from a ground-based laser….

A larger worry is that countries with high-performance military robots may be more inclined to launch attacks. Robots protect soldiers and improve their odds of success. Using drones sidesteps the tricky politics of putting boots on foreign soil. In the past eight years drone strikes by America’s Central Intelligence Agency (CIA) have killed more than 2,400 people in Pakistan, including 479 civilians, according to the Bureau for Investigative Journalism in London. Technological progress appears to have contributed to an increase in the frequency of strikes. In 2005 CIA drones struck targets in Pakistan three times; last year there were 76 strikes there. Do armed robots make killing too easy?

Not necessarily….. Today’s drones, blimps, unmanned boats and reconnaissance robots collect and transmit so much data, she says, that Western countries now practise “warfare by committee”. Government lawyers and others in operation rooms monitor video feeds from robots to call off strikes that are illegal or would “look bad on CNN”, says Ms Cummings, who is now a robotics researcher at MIT. And unlike pilots at the scene, these remote observers are unaffected by the physical toil of flying a jet or the adrenalin rush of combat.

In March Britain’s Royal Artillery began buying robotic missiles designed by MBDA, a French company. The Fire Shadow is a “loitering munition” capable of travelling 100km, more than twice the maximum range of a traditional artillery shell. It can circle in the sky for hours, using sensors to track even a moving target. A human operator, viewing a video feed, then issues an instruction to attack, fly elsewhere to find a better target, or abort the mission by destroying itself. But bypassing the human operator to automate attacks would be, technologically, in the “realm of feasibility”, an MBDA spokesman says……

Traditional rules of engagement stipulate that a human must decide if a weapon is to be fired. But this restriction is starting to come under pressure. Already, defence planners are considering whether a drone aircraft should be able to fire a weapon based on its own analysis. In 2009 the authors of a US Air Force report suggested that humans will increasingly operate not “in the loop” but “on the loop”, monitoring armed robots rather than fully controlling them. Better artificial intelligence will eventually allow robots to “make lethal combat decisions”, they wrote, provided legal and ethical issues can be resolved…..

Pressure will grow for armies to automate their robots if only so machines can shoot before being shot, says Jürgen Altmann of the Technical University of Dortmund, in Germany, and a founder of the International Committee for Robot Arms Control, an advocacy group. Some robot weapons already operate without human operators to save precious seconds. An incoming anti-ship missile detected even a dozen miles away can be safely shot down only by a robot, says Frank Biemans, head of sensing technologies for the Goalkeeper automatic ship-defence cannons made by Thales Nederland.  Admittedly, that involves a machine destroying another machine. But as human operators struggle to assimilate the information collected by robotic sensors, decision-making by robots seems likely to increase. This might be a good thing, says Ronald Arkin, a roboticist at the Georgia Institute of Technology, who is developing “ethics software” for armed robots. By crunching data from drone sensors and military databases, it might be possible to predict, for example, that a strike from a missile could damage a nearby religious building. Clever software might be used to call off attacks as well as initiate them.

In the air, on land and at sea, military robots are proliferating. But the revolution in military robotics does have an Achilles heel, notes Emmanuel Goffi of the French air-force academy in Salon-de-Provence. As robots become more autonomous, identifying a human to hold accountable for a bloody blunder will become very difficult, he says. Should it be the robot’s programmer, designer, manufacturer, human overseer or his superiors? It is hard to say. The backlash from a deadly and well-publicised mistake may be the only thing that can halt the rapid march of the robots.

Robots go to war: March of the robots, Economist Technology Quarterly, June 2, 2012

Beyond GPS: All Source Positioning and Navigation

DARPA’s All Source Positioning and Navigation (ASPN) program seeks to enable low cost, robust, and seamless navigation solutions for military users on any operational platform and in any environment, with or without GPS. In particular, ASPN will develop the architectures,  abstraction methods, and navigation filtering algorithms needed for rapid integration and reconfiguration of any combination of sensors. This will enable rapid adaptation to evolving missions as well as reduction of the system integration costs and time-to-market for navigation solutions in general.

The goal of Phase 2 of ASPEN is to address the issues of optimization and real-time operation, showing capabilities beyond basic plug-and-play flexibility. Solutions must be capable of adapting to a diverse set of sensor and IMU inputs and selectively choosing the subset of measurements that produces the best possible solution, ideally mirroring the result from a tuned filter solution for that same scenario….Phase 2 solutions will need to demonstrate real-time operation in representative field (non-laboratory) environments. Although adaptability is the main goal of the ASPN program, the possibility of ASPN accuracy being substantially better than current state of art should be considered, given accommodation by ASPN of larger and more diverse sensor suites, ease of optimizing ASPN to immediate applications, and potential synergistic benefits of an open architecture.

What is In-Q-Tel? Technology Branch of CIA

Throughout its lifetime, the CIA has operated at the cutting edge of science and technology. From the U-2 spy plane to the CORONA satellite, CIA’s “wizards of Langley” earned a reputation for bold innovation and risk taking, working in advance of the private sector and other branches of government. Much of CIA’s technology success was a result of identifying gaps and opportunities.  By the late 1990s, the pace of commercial innovation had overtaken the ability of government agencies to develop and incorporate new technologies. Private industry represented technical insights and innovation far too important to ignore. Driven by private sector R&D investment, these commercial technologies addressed many of the same information technology, biotechnology, communications, and energy challenges that faced the Intelligence Community.

In 1998, CIA identified technology as a top strategic priority, and set out a radical plan to create a new venture that would help increase the CIA’s access to private sector innovation. In-Q-Tel was chartered in February 1999 by a group of private citizens at the request of the Director of Central Intelligence and with the support of the U.S. Congress. IQT was tasked with building a bridge between the Agency and a new set of technology innovators.

From the website IQT (2012)

Industrial Revolution in Genetic Engineering: Military

From DARPA’s Website: Living Foundries

Current approaches to engineering biology rely on an ad hoc, laborious, trial-and-error process, wherein one successful project often does not translate to enabling subsequent new designs. As a result, the state of the art development cycle for engineering a new biologically manufactured product often takes 7+ years and tens to hundreds of millions of dollars (e.g. microbial production of artemisinic acid for the treatment of malaria and the non-petroleum-based production 1,3-propanediol).

[DARPA Goal]

Transforming biology into an engineering practice would enable on-demand production of new and high-value materials, devices and capabilities for the Department of Defense (DoD) and address complex challenges that today have no or few solutions.

The Living Foundries Program seeks to create the engineering framework for biology, speeding the biological design-build-test cycle and expanding the complexity of systems that can be engineered. The Program aims to develop new tools, technologies and methodologies to decouple biological design from fabrication, yield design rules and tools, and manage biological complexity through abstraction and standardization. These foundational tools would enable the rapid development of previously unattainable technologies and products, leveraging biology to solve challenges associated with production of new materials, novel capabilities, fuel and medicines. For example, one motivating, widespread and currently intractable problem is that of corrosion/materials degradation. The DoD must operate in all environments, including some of the most corrosively aggressive on Earth, and do so with increasingly complex heterogeneous materials systems. This multifaceted and ubiquitous problem costs the DoD approximately $23 Billion per year. The ability to truly program and engineer biology, would enable the capability to design and engineer systems to rapidly and dynamically prevent, seek out, identify and repair corrosion/materials degradation.

Accomplishing this vision requires an approach that is more than multidisciplinary – it requires a new engineering discipline built upon the integration of new ideas, approaches and tools from fields spanning computer science and electrical engineering to chemistry and the biological sciences. The best innovations will introduce new architectures and tools into an open technology platform to rapidly move new designs from conception to execution.  Performers must ensure and demonstrate throughout the program that all methods and demonstrations of capability comply with national guidance for manipulation of genes and organisms and follow all guidance for biological safety and Biosecurity.

A Broad Agency Announcement (BAA) solicitation for phase one, Advanced Tools and Capabilities for Generalizable Platforms (ATCG), closed in November, 2011. The BAA called for the development of the advanced, translatable tools and capabilities that will make up an end-to-end technology platform for rapidly, safely and predictably engineering biological production systems. The goals of these advanced tools and capabilities are to compress the biological design-build-test cycle by at least 10x in both time and cost while increasing the complexity of the systems that can be designed and executed by orders of magnitude. These advancements should enable the ability to rapidly design and build new systems to create novel capabilities and to address complex challenges.

Kamikaze Drones: Shortening the Kill Chain

The 2-foot-long Switchblade drone [unmanned aerial vehicle (UAV)] is so named because its wings fold into the fuselage for transport and spring out after launch. It is designed to fit into a soldier’s rucksack and is fired from a mortar-like tube. Once airborne, it begins sending back live video and GPS coordinates to a hand-held control set clutched by the soldier who launched it.  When soldiers identify and lock on a target, they send a command for the drone to nose-dive into it and detonate on impact. Because of the way it operates, the Switchblade has been dubbed the “kamikaze drone.”

The Obama administration, notably the CIA, has long been lambasted by critics for its use of combat drones and carelessly killing civilians in targeted strikes in Pakistan, Afghanistan, Iraq, Yemen and Somalia. In 2010, a United Nations official said the CIA in Pakistan had made the United States “the most prolific user of targeted killings” in the world.

The Switchblade drone appears to be an improvement as an alternative to traditional drone strikes, in terms of minimizing civilian harm, but it also raises new concerns, said Naureen Shah, associate director of the Counterterrorism and Human Rights Project at Columbia Law School.  She pointed out that when a drone strike is being considered there are teams of lawyers, analysts and military personnel looking at the data to determine whether lethal force is necessary. But the Switchblade could shorten that “kill chain.”  “It delegates full responsibility to a lower-level soldier on the ground,” she said. “That delegation is worrisome. It’s a situation that could end up in more mistakes being made.”  Arms-control advocates also have concerns. As these small robotic weapons proliferate, they worry about what could happen if the drones end up in the hands of terrorists or other hostile forces.

The Switchblade “is symptomatic of a larger problem that U.S. military and aerospace companies are generating, which is producing various more exotic designs,” said Daryl Kimball, executive director of the Arms Control Assn. “This technology is not always going to be in the sole possession of the U.S. and its allies. We need to think about the rules of the road for when and how these should be used so we can mitigate against unintended consequences.”

The Switchblade is assembled in Simi Valley by AeroVironment Inc., the Pentagon’s top supplier of small drones, which include the Raven, Wasp and Puma. More than 50 Switchblades will be sent to the war zone in Afghanistan this summer under a $10.1-million contract, which also includes the cost of repairs, spare parts, training and other expenses. Officials would not provide details about where the weapons would be used, how many were ordered and precisely when they would be deployed.  AeroVironment, based in Monrovia, developed the weapon on its own, thinking the military could use a lethal drone that could be made cheaply and deployed quickly by soldiers in the field, said company spokesman Steven Gitlin.

“It’s not inexpensive to task an Apache helicopter or F-16 fighter jet from a base to take out an [improvised explosive device] team when you consider fuel, people, logistics support, etc.,” he said.

About a dozen Switchblades were tested last year by special operations units in Afghanistan, according to Army officials, who said the drone proved effective.  The Army is considering buying $100 million worth of the drones in a few years under a program called the Lethal Miniature Aerial Munition System, Nichols said. The Air Force and the Marine Corps have also expressed interest in the technology.

AeroVironment is not the only company pursuing small, lethal drones. Textron Defense Systems is also working on a small kamikaze-style drone. Named the BattleHawk Squad-Level Loitering Munition, the drone is being tested at an Army facility in New Mexico.

Excerpts, W.J. Hennigan, Pentagon to soon deploy pint-sized but lethal Switchblade drones, LA Times, June 11, 2012

Drug Markets, Patents and the Developing World

Sales of antiretroviral drugs in America and the five biggest European markets reached $13.3 billion in 2011, according to Datamonitor, a research outfit…. Publicly funded research has played a larger role in developing drugs for HIV than for other diseases. A study published last year in Health Affairs found that HIV drugs were three times as likely to involve a patent from the public sector. HIV also has special status among regulators. America’s Food and Drug Administration (FDA) created a faster way to review HIV drugs, allowing them on the market before the most expensive stage of clinical trials.

In total, public and private investment has yielded more than two dozen HIV drugs. In 1987 Burroughs-Wellcome (now part of GlaxoSmithKline) introduced the first one, tackling an enzyme that helps the virus progress inside human cells. In 1995 Hoffmann-La Roche, a Swiss drug firm, launched the first protease inhibitor, which interrupts the virus at a later stage of replication….One company stands out: Gilead, of California. A late entrant to the HIV race, Gilead quickly took the lead. Its strategy was simple: the more convenient the treatment, the better. In 2004 Gilead launched Truvada, a once-a-day, one-pill combination of two drugs. In 2006 it introduced Atripla, a once-a-day, one-pill combination of Truvada and another treatment. Atripla’s average wholesale price in America is nearly $25,000 per patient, per year. In 2011 its global sales reached $3.2 billion.  More good news for Gilead has come in recent weeks. An FDA panel recommended Truvada for preventive use: ie, to protect healthy people from contracting the virus. Another FDA panel endorsed Gilead’s new Quad pill, which is the simplest, most effective combination drug to date.

If the process for developing HIV drugs has been unusual, selling them has been even more so. America is the rich world’s biggest market, with 841,000 patients diagnosed—ten times as many as in Britain. More than 60% of HIV drugs in America are bought with public money. Insurers give HIV special treatment: patients are rarely pressed to buy the cheapest pills, as they might be if they had another disease.

Distributing drugs in poor countries is harder. A decade ago, hardly any poor people could afford them. At first, drugs firms handled this badly. In 1998, 39 big Western firms sued South Africa to protect their HIV patents. Global uproar ensued; the firms backed down in 2001.  Then two things changed. First, rich countries started donating vast sums to fight AIDS in poor ones. In 2000 there was less than $2 billion for HIV programmes each year; by 2010 there was $15 billion, thanks to the Global Fund to Fight AIDS, Tuberculosis and Malaria and George Bush junior’s President’s Emergency Plan for AIDS Relief (PEPFAR).

Second, the price of AIDS drugs plunged. In May 2000 a year’s “triple cocktail” therapy cost $10,000 or so. By 2011 the same pills sold for $62 in poor countries. PEPFAR cash buys generic versions of patented drugs, which may be supplied only to poor countries. Last year two drugmakers won most of PEPFAR’s contracts: Aurobindo, an Indian firm, and Matrix, an Indian firm acquired in 2007 by Mylan, an American one. PEPFAR’s bidding system keeps margins slim even by the standards of the generics industry, says Rajiv Malik, the president of Mylan. But volumes are huge.

Can treatment expand further? Despite the subsidies and the plunge in prices, less than half of those infected with HIV take HIV drugs. Those who do, however, live a long time, and they have to keep taking the pills. What’s more, new studies show that it helps to start treating patients early, so demand is sure to rise.  Alas, aid dipped in 2009 and 2010, thanks to the financial crisis. To make matters more complicated, there is a trade-off between more drugs and better ones. Most patients in poor countries get outdated pills, according to Médecins Sans Frontières. Allowing generics firms to copy yet more patented drugs might help. Since 2006 Gilead has licensed drugs to generics firms for 5% royalties. Last year it went further, agreeing to license drugs to a “patent pool” to centralise royalty deals for a range of firms. So far, however, Gilead is the only Western company to join….

There are two distinct HIV markets. In rich countries, many good treatments jostle for market share. The best will generate fat profits, since patients have to take their pills every day. But Datamonitor predicts that growth will slow after 2017, as many drugs lose patent protection and prices crash. In poor countries, by contrast, Big Pharma makes very little money but the most efficient copycats thrive. Meanwhile, the world still waits for a cure.

The business of HIV: Battling the virus, Economist, June 2, 2012,at 80

International Law-Making by Tacit Consent: Drone Killings

When Thomas de Maizière, the German defense minister, told a gathering of army reservists last month that he considered the U.S. strategy of using drones for targeted killings a “strategic mistake,” his remarks received almost no coverage.  Only the online news edition of the German public television broadcaster ARD carried the story.  According to their reporter, Mr. de Maizière said he thought it was unwise to have U.S. commanders direct such attacks from their base in the United States.  Repeated requests to the reservists’ association for a full transcript of the speech went unanswered. Nor did the Defense Ministry publish the remarks.  Mr. de Maizière is not the only politician in Europe to feel uneasy with the United States’ frequent use of unmanned drones to target what it says are terrorism suspects in Afghanistan, Pakistan and Yemen. But many are reluctant to speak out about their doubts.

The German chancellor, Angela Merkel; the E.U. foreign policy chief, Catherine Ashton; and the new French president, François Hollande, are among the many officials unwilling to publicly criticize the practice of remote control, targeted killings….Even when several German nationals — accused of being militants who had undergone training in terrorist camps in Pakistan — were killed in a U.S. drone attack in Pakistan in 2010, the German government played down the incident.  In an official reply to queries by opposition parties in the German Parliament, the government said on nearly every count that either it had no reliable information or that the information it did have was confidential.

In contrast, the Obama administration has had to start explaining the issue of drone attacks as human rights organizations, security experts and the military have begun asking the White House to justify their legality. John O. Brennan, the president’s counterterrorism chief, gave a major speech on the issue in April. He said that the targeted attacks did not breach international law because the United States has been acting in self-defense since the terrorist attacks in New York and Washington on Sept. 11, 2001.  Mr. Brennan added that the White House was doing everything possible to balance security and transparency.

Legal experts say, however, that most of the targeted killings are carried out by the C.I.A. The agency is not subject to the same transparency or accountability as the military would be.  “The laws of war do not prohibit intelligence agencies from taking part in combat operations,” said James Ross, legal adviser to Human Rights Watch. “But states are obligated to investigate credible allegations of war crimes and actually provide redress for victims of unlawful attacks, and that is difficult in the case of intelligence agencies.”

Apart from the legal issues, the Obama administration has also been accused of leaking details from secret drone attacks to reap political mileage during the presidential election campaign.  Republicans sharply criticized the White House’s announcement last week that Al Qaeda’s deputy leader, Abu Yahya al-Libi, had been killed during a drone attack in Pakistan.

Analysts suggest that European governments prefer to turn a blind eye to the drone attacks because they see the Islamist militants targeted by the United States as a danger to Europe, too. Having this threat eliminated outweighs what qualms they may have about the method employed.  “E.U. countries have their own interests in tacitly condoning these tactics,” said Nathalie Van Raemdonck, a guest researcher at the Istituto Affari Internazionali, an independent research center in Rome. “Since they are not involved in any such operations, they cannot be accused of playing any role in targeted killings. The Europeans are content with letting the U.S. do their dirty work.”

European governments, however, are not united on this issue. Britain has armed drones in Afghanistan, and other European countries also employ them for surveillance purposes so the issue of targeted killings does not directly concern them. Government officials point to this to explain their silence.  Analysts say this approach is short-sighted. The United States intends to arm Italian surveillance drones in Afghanistan beginning next year. France has plans for military drones for reconnaissance and attack missions. NATO is trying to get member states to finance surveillance drones that eventually may also be armed.  Even more importantly, China, Russia and other non-Western countries are also working on developing armed drones.  This could lead to a free-for-all situation unless standards for the use of these weapons are agreed upon, legal experts say. It is time, said Mr. Bütikofer, the European Parliament lawmaker, for Europe to break its silence.

Excerpts, JUDY DEMPSEY, Europe Stays Quiet Despite Unease About Drones, NY Times,June 11, 2012

China and its Collaborators in Africa

Congolese critics accuse Sassou-Nguesso [President of Congo] of using the Chinese-backed building boom to move from his ‘authoritarian-authoritarian’ model to something nearer the ‘developmental authoritarian’ style of Rwanda’s President Paul Kagame. However, Sassou-Nguesso was in triumphant mode as he inaugurated a spate of Chinese construction projects in the country’s hinterland on 14-18 May. These projects are intended to bring the benefits of oil-backed growth to regions previously isolated from the bustling cities of Brazzaville and Pointe-Noire.  Now known locally as ‘The Cutter of Ribbons’, Sassou-Nguesso is using oil money and plans to develop Congo-Brazzaville’s mineral resources to shape a new relationship with China. Once a key commercial and diplomatic ally of France, Sassou-Nguesso’s headlong rush to Beijing coincides with the election of President François Hollande. Hollande’s African policy team promises to break with the old Françafrique networks. Among their advisors is the activist lawyer William Bourdon, who has been pursuing a case against Sassou-Nguesso in France for stealing Congolese state assets…..

From fibre-optic installation and new dams to more than 1,000 kilometres of paved roads, companies like China Road and Bridge Corporation and China State Construction Engineering Corporation have quietly landed most of the major contracts issued by the Brazzaville government.  That means large profits and more deals to come.

Congo-Brazzaville, for so long the preserve of European companies, is drawing serious attention from China. The two countries have signed deals to develop special economic zones, build a new oil port and revamp an ageing refinery. For the Chinese investors, the lure is Congo-Brazzaville’s rich but under-exploited resource base. Having relied for decades on offshore oil riches and forestry, the country has until recently made little effort to exploit its mineral deposits, develop its more remote regions or diversify the economy into commerce and services. That could change if the new Asian relationships live up to their billing. For Sassou-Nguesso, the big attraction is an engagement based purely on economic and financial criteria, with a partner who does not impose awkward governance or human rights conditions.

This is not Congo’s first encounter with Asian investment. South Korean and Malaysian companies, via the Consortium Congo Malaisie Corée, had proposed a huge resources-for-infrastructure deal that would build new rail lines in exchange for access to forestry and mining permits in 2008. That deal didn’t work out but the Chemin de Fer Congo Océan received part of its order of engines and cars from Korail in August 2011. Malaysian investors have looked at opportunities in the hydrocarbons sector and – building on their experience of rural Congo in the timber business – palm oil production. In 2010 Atama Plantation agreed to invest $300 million in new oil palm plantations and processing capacity.

The most recent interest from Chinese entities takes the engagement a step further. Alain Akouala Atipault, a Minister in the Presidency, was China’s guest at an international infrastructure and investment forum in Macau where, on 24 April, he signed an agreement with the China Friendship Development International Engineering Design and Consult Corporation (FDDC) – an offshoot of the Trade Ministry in Beijing.  FDDC will seek out Chinese investors interested in setting up operations in four special economic zones, which Congo plans to establish in Brazzaville, Pointe- Noire, Ouesso and the Oyo-Ollombo area. FDDC will also help to mobilise financing for the zones, build their infrastructure and carry out feasibility studies……

China’s engagement in Congo is typical of its strategy elsewhere in Africa. Beijing often takes a long-term view of whether projects will generate an economic return. Viability is seen in broad terms, encompassing not just the specific project’s concerns but also the wider trade and political benefits of partnership and the political goodwill that could open up access to valuable natural resources. Congo has both major reserves of high-value timber – a sector where Congo Dejia Wood Industry, Jua Ikié, Million Well Congo Bois, Sino-Congo Forêt and Société d’Exploitation Forestière Yuan Dong are already active – and reserves of minerals such as iron ore and potash, which are largely untouched.

China National Complete Plant Import & Export Corporation is developing the potash reserves at Mengo with Canada’s MagIndustries; Australia’s Sundance Resources relies on finance and expertise from Hanlong Mining and other Chinese infrastructure companies to make its designs on iron-ore projects in Cameroon (Mbarga) and Congo-Brazzaville (Nabeba) viable. Sundance is waiting for final approvals from Yaoundé and Brazzaville and expects all the paperwork to be signed before the end of 2012.

Beijing’s policy of ignoring questions of democracy and human rights is certainly helpful to Sassou-Nguesso’s regime – which has a poor human rights record, is marred by widespread corruption and remains fundamentally authoritarian despite the trappings of a multiparty system.

Excerpt, Congo-Brazzaville: Sassou Draws in Beijing,AllAfrica.com, June 2, 2012

Chevron and Amazon: the $18 billion Ecuador Liability

The D.C. Circuit Court of Appeals  on June 12, 2012  (pdf) dealt another setback to Chevron over its $18 billion Ecuador liability, reversing a lower court decision that allowed the oil giant access to documents from a prominent consulting group for the Amazon rainforest communities that sued the company.

SOCOM: United States Special Operations Command

Admiral McRaven’s [head of the SOCOM] broad goal is to obtain new authority from the Defense Department to move his elite forces faster and outside normal Pentagon deployment channels. That would give him more autonomy to position his personnel and their fighting equipment where intelligence and world events indicate they are most needed. It would also allow the Special Operations forces to expand their presence in regions where they have not operated in large numbers for the past decade, especially in Asia, Africa and Latin America.

At a time of declining Pentagon budgets and a waning public appetite for large wars of occupation, the Obama administration hopes to rely more on foreign troops and security forces to tackle extremist threats abroad. These new realities have led to a larger debate within the military about its future priorities, and not all senior officers welcome Admiral McRaven’s ambitious proposals, suspecting a power grab that might weaken the authority of regional commanders.  “I was trying to figure out how to stand in front of this juggernaut that is the Special Operations Command, particularly in today’s world,” Adm. Timothy J. Keating, a former head of the military’s Northern and Pacific commands, said at a Special Operations conference in April in Washington. “I don’t fundamentally understand what needs fixing.”

While it is not unusual for branches of the armed services or combatant commands to lobby Congress for troop benefits or weaponry, like new fighter jets or artillery systems, the Special Operations Command’s hurried pitch because of the pending legislation did not go down well.  In its request in April 2012, the command sought a new $25 million fund to buy uniforms, build barracks and ferry foreign troops rather than using existing Pentagon and State Department aid programs that could have added months to the process. That required changes in the law, so the command asked to tuck them into a Pentagon budget bill the House was poised to pass.

In a three-page, confidential draft legislative proposal, the command argued that by coupling the proposed changes with its existing special fast-track acquisition authorities, it could provide “a fast turnaround resource for dealing with breaking issues.” Special Operations officers would work closely with American ambassadors in each country and the State Department to support foreign policy goals.  The legislative draft filled in some details of a plan sketched out for Congress on March 27 by the Pentagon’s top civilian Special Operations policy official, Michael A. Sheehan. Citing Africa as a prime example, Mr. Sheehan, a West Point graduate who is assistant secretary of defense for Special Operations and low-intensity conflict, told the Senate Armed Services Committee, “We will need different authorities, we will need different types of programs in order for us to engage with the range of countries, from Libya down through Mali, which is obviously in the middle of chaos right now, to Mauritania, all the way — and, quite frankly, all the way over to Nigeria.”

But lawmakers and State Department officials were puzzled. Only last year, Mr. Gates and Mrs. Clinton, backed by Congress, agreed to pool resources from their two departments in a new fund to respond more quickly to counter emerging threats from Al Qaeda and other militants in places like Yemen and the Horn of Africa.  The program, the Global Security Contingency Fund (pdf), is small as government programs go — $250 million a year, mostly from the Pentagon — but it is meant to address many of the needs the command’s proposal outlined.

A report accompanying the military budget bill that the House approved last month summed up the objections of not only lawmakers in the House and Senate, but also high-ranking administration officials who met on May 7 at the White House to work out the dispute. “The committee is concerned that the proliferation of similar, overlapping and/or competing building partner capacity authorities creates unnecessary confusion and friction,” the House report said.

Excerpt, ERIC SCHMITT, Elite Military Forces Are Denied in Bid for Expansion, New York Times, June 4, 2012

The Kill List and Body Count: Drones

Just days after taking office, the president [Obamaa] got word that the first strike under his administration had killed a number of innocent Pakistanis. “The president was very sharp on the thing, and said, ‘I want to know how this happened,’ “ a top White House adviser recounted.  In response to his concern, the C.I.A. downsized its munitions for more pinpoint strikes. In addition, the president tightened standards, aides say: If the agency did not have a “near certainty” that a strike would result in zero civilian deaths, Mr. Obama wanted to decide personally whether to go ahead.

The president’s directive reinforced the need for caution, counterterrorism officials said, but did not significantly change the program. In part, that is because “the protection of innocent life was always a critical consideration,” said Michael V. Hayden, the last C.I.A. director under President George W. Bush.  It is also because Mr. Obama embraced a disputed method for counting civilian casualties that did little to box him in. It in effect counts all military-age males in a strike zone as combatants, according to several administration officials, unless there is explicit intelligence posthumously proving them innocent.  Counterterrorism officials insist this approach is one of simple logic: people in an area of known terrorist activity, or found with a top Qaeda operative, are probably up to no good. “Al Qaeda is an insular, paranoid organization — innocent neighbors don’t hitchhike rides in the back of trucks headed for the border with guns and bombs,” said one official, who requested anonymity to speak about what is still a classified program.

This counting method may partly explain the official claims of extraordinarily low collateral deaths. In a speech last year Mr. Brennan, Mr. Obama’s trusted adviser, said that not a single noncombatant had been killed in a year of strikes. And in a recent interview, a senior administration official said that the number of civilians killed in drone strikes in Pakistan under Mr. Obama was in the “single digits” — and that independent counts of scores or hundreds of civilian deaths unwittingly draw on false propaganda claims by militants.

But in interviews, three former senior intelligence officials expressed disbelief that the number could be so low. The C.I.A. accounting has so troubled some administration officials outside the agency that they have brought their concerns to the White House. One called it “guilt by association” that has led to “deceptive” estimates of civilian casualties.  “It bothers me when they say there were seven guys, so they must all be militants,” the official said. “They count the corpses and they’re not really sure who they are.”

Excerpt, JO BECKER and SCOTT SHANE, Secret ‘Kill List’ Proves a Test of Obama’s Principles and Will, NY Times, May 29, 2012

United States, Iran and the Stuxnet Worm

From his first months in office, President Obama secretly ordered increasingly sophisticated attacks on the computer systems that run Iran’s main nuclear enrichment facilities, significantly expanding America’s first sustained use of cyberweapons, according to participants in the program.  Mr. Obama decided to accelerate the attacks — begun in the Bush administration and code-named Olympic Games — even after an element of the program accidentally became public in the summer of 2010 because of a programming error that allowed it to escape Iran’s Natanz plant and sent it around the world on the Internet. Computer security experts who began studying the worm, which had been developed by the United States and Israel, gave it a name: Stuxnet.  At a tense meeting in the White House Situation Room within days of the worm’s “escape,” Mr. Obama, Vice President Joseph R. Biden Jr. and the director of the Central Intelligence Agency at the time, Leon E. Panetta, considered whether America’s most ambitious attempt to slow the progress of Iran’s nuclear efforts had been fatally compromised.  “Should we shut this thing down?” Mr. Obama asked, according to members of the president’s national security team who were in the room.  Told it was unclear how much the Iranians knew about the code, and offered evidence that it was still causing havoc, Mr. Obama decided that the cyberattacks should proceed. In the following weeks, the Natanz plant was hit by a newer version of the computer worm, and then another after that. The last of that series of attacks, a few weeks after Stuxnet was detected around the world, temporarily took out nearly 1,000 of the 5,000 centrifuges Iran had spinning at the time to purify uranium.

This account of the American and Israeli effort to undermine the Iranian nuclear program is based on interviews over the past 18 months with current and former American, European and Israeli officials involved in the program, as well as a range of outside experts. None would allow their names to be used because the effort remains highly classified, and parts of it continue to this day.  These officials gave differing assessments of how successful the sabotage program was in slowing Iran’s progress toward developing the ability to build nuclear weapons. Internal Obama administration estimates say the effort was set back by 18 months to two years, but some experts inside and outside the government are more skeptical, noting that Iran’s enrichment levels have steadily recovered, giving the country enough fuel today for five or more weapons, with additional enrichment.

Whether Iran is still trying to design and build a weapon is in dispute. The most recent United States intelligence estimate concludes that Iran suspended major parts of its weaponization effort after 2003, though there is evidence that some remnants of it continue.

Iran initially denied that its enrichment facilities had been hit by Stuxnet, then said it had found the worm and contained it. Last year, the nation announced that it had begun its own military cyberunit, and Brig. Gen. Gholamreza Jalali, the head of Iran’s Passive Defense Organization, said that the Iranian military was prepared “to fight our enemies” in “cyberspace and Internet warfare.” But there has been scant evidence that it has begun to strike back.

The United States government only recently acknowledged developing cyberweapons, and it has never admitted using them. There have been reports of one-time attacks against personal computers used by members of Al Qaeda, and of contemplated attacks against the computers that run air defense systems, including during the NATO-led air attack on Libya last year. But Olympic Games was of an entirely different type and sophistication.

It appears to be the first time the United States has repeatedly used cyberweapons to cripple another country’s infrastructure, achieving, with computer code, what until then could be accomplished only by bombing a country or sending in agents to plant explosives. The code itself is 50 times as big as the typical computer worm, Carey Nachenberg, a vice president of Symantec, one of the many groups that have dissected the code, said at a symposium at Stanford University in April. Those forensic investigations into the inner workings of the code, while picking apart how it worked, came to no conclusions about who was responsible.

A similar process is now under way to figure out the origins of another cyberweapon called Flame that was recently discovered to have attacked the computers of Iranian officials, sweeping up information from those machines. But the computer code appears to be at least five years old, and American officials say that it was not part of Olympic Games. They have declined to say whether the United States was responsible for the Flame attack.

Mr. Obama, according to participants in the many Situation Room meetings on Olympic Games, was acutely aware that with every attack he was pushing the United States into new territory, much as his predecessors had with the first use of atomic weapons in the 1940s, of intercontinental missiles in the 1950s and of drones in the past decade. He repeatedly expressed concerns that any American acknowledgment that it was using cyberweapons — even under the most careful and limited circumstances — could enable other countries, terrorists or hackers to justify their own attacks.

“We discussed the irony, more than once,” one of his aides said. Another said that the administration was resistant to developing a “grand theory for a weapon whose possibilities they were still discovering.” Yet Mr. Obama concluded that when it came to stopping Iran, the United States had no other choice.If Olympic Games failed, he told aides, there would be no time for sanctions and diplomacy with Iran to work. Israel could carry out a conventional military attack, prompting a conflict that could spread throughout the region.

The impetus for Olympic Games dates from 2006, when President George W. Bush saw few good options in dealing with Iran. At the time, America’s European allies were divided about the cost that imposing sanctions on Iran would have on their own economies. Having falsely accused Saddam Hussein of reconstituting his nuclear program in Iraq, Mr. Bush had little credibility in publicly discussing another nation’s nuclear ambitions. The Iranians seemed to sense his vulnerability, and, frustrated by negotiations, they resumed enriching uranium at an underground site at Natanz, one whose existence had been exposed just three years before.

Iran’s president, Mahmoud Ahmadinejad, took reporters on a tour of the plant and described grand ambitions to install upward of 50,000 centrifuges. For a country with only one nuclear power reactor — whose fuel comes from Russia — to say that it needed fuel for its civilian nuclear program seemed dubious to Bush administration officials. They feared that the fuel could be used in another way besides providing power: to create a stockpile that could later be enriched to bomb-grade material if the Iranians made a political decision to do so.  Hawks in the Bush administration like Vice President Dick Cheney urged Mr. Bush to consider a military strike against the Iranian nuclear facilities before they could produce fuel suitable for a weapon. Several times, the administration reviewed military options and concluded that they would only further inflame a region already at war, and would have uncertain results.

For years the C.I.A. had introduced faulty parts and designs into Iran’s systems — even tinkering with imported power supplies so that they would blow up — but the sabotage had had relatively little effect. General James E. Cartwright, who had established a small cyberoperation inside the United States Strategic Command, which is responsible for many of America’s nuclear forces, joined intelligence officials in presenting a radical new idea to Mr. Bush and his national security team. It involved a far more sophisticated cyberweapon than the United States had designed before.

The goal was to gain access to the Natanz plant’s industrial computer controls. That required leaping the electronic moat that cut the Natanz plant off from the Internet — called the air gap, because it physically separates the facility from the outside world. The computer code would invade the specialized computers that command the centrifuges.  The first stage in the effort was to develop a bit of computer code called a beacon that could be inserted into the computers, which were made by the German company Siemens and an Iranian manufacturer, to map their operations. The idea was to draw the equivalent of an electrical blueprint of the Natanz plant, to understand how the computers control the giant silvery centrifuges that spin at tremendous speeds. The connections were complex, and unless every circuit was understood, efforts to seize control of the centrifuges could fail.

Eventually the beacon would have to “phone home” — literally send a message back to the headquarters of the National Security Agency that would describe the structure and daily rhythms of the enrichment plant. Expectations for the plan were low; one participant said the goal was simply to “throw a little sand in the gears” and buy some time. Mr. Bush was skeptical, but lacking other options, he authorized the effort.  It took months for the beacons to do their work and report home, complete with maps of the electronic directories of the controllers and what amounted to blueprints of how they were connected to the centrifuges deep underground.  Then the N.S.A. and a secret Israeli unit respected by American intelligence officials for its cyberskills set to work developing the enormously complex computer worm that would become the attacker from within.  The unusually tight collaboration with Israel was driven by two imperatives. Israel’s Unit 8200, a part of its military, had technical expertise that rivaled the N.S.A.’s, and the Israelis had deep intelligence about operations at Natanz that would be vital to making the cyberattack a success. But American officials had another interest, to dissuade the Israelis from carrying out their own pre-emptive strike against the Iranian nuclear facilities. To do that, the Israelis would have to be convinced that the new line of attack was working. The only way to convince them, several officials said in interviews, was to have them deeply involved in every aspect of the program.

Soon the two countries had developed a complex worm that the Americans called “the bug.” But the bug needed to be tested. So, under enormous secrecy, the United States began building replicas of Iran’s P-1 centrifuges, an aging, unreliable design that Iran purchased from Abdul Qadeer Khan, the Pakistani nuclear chief who had begun selling fuel-making technology on the black market. Fortunately for the United States, it already owned some P-1s, thanks to the Libyan dictator, Col. Muammar el-Qaddafi.  When Colonel Qaddafi gave up his nuclear weapons program in 2003, he turned over the centrifuges he had bought from the Pakistani nuclear ring, and they were placed in storage at a weapons laboratory in Tennessee. The military and intelligence officials overseeing Olympic Games borrowed some for what they termed “destructive testing,” essentially building a virtual replica of Natanz, but spreading the test over several of the Energy Department’s national laboratories to keep even the most trusted nuclear workers from figuring out what was afoot.

Those first small-scale tests were surprisingly successful: the bug invaded the computers, lurking for days or weeks, before sending instructions to speed them up or slow them down so suddenly that their delicate parts, spinning at supersonic speeds, self-destructed. After several false starts, it worked. One day, toward the end of Mr. Bush’s term, the rubble of a centrifuge was spread out on the conference table in the Situation Room, proof of the potential power of a cyberweapon. The worm was declared ready to test against the real target: Iran’s underground enrichment plant.

“Previous cyberattacks had effects limited to other computers,” Michael V. Hayden, the former chief of the C.I.A., said, declining to describe what he knew of these attacks when he was in office. “This is the first attack of a major nature in which a cyberattack was used to effect physical destruction,” rather than just slow another computer, or hack into it to steal data…  Getting the worm into Natanz, however, was no easy trick. The United States and Israel would have to rely on engineers, maintenance workers and others — both spies and unwitting accomplices — with physical access to the plant. “That was our holy grail,” one of the architects of the plan said. “It turns out there is always an idiot around who doesn’t think much about the thumb drive in their hand.”

In fact, thumb drives turned out to be critical in spreading the first variants of the computer worm; later, more sophisticated methods were developed to deliver the malicious code.  The first attacks were small, and when the centrifuges began spinning out of control in 2008, the Iranians were mystified about the cause, according to intercepts that the United States later picked up. “The thinking was that the Iranians would blame bad parts, or bad engineering, or just incompetence,” one of the architects of the early attack said.  The Iranians were confused partly because no two attacks were exactly alike. Moreover, the code would lurk inside the plant for weeks, recording normal operations; when it attacked, it sent signals to the Natanz control room indicating that everything downstairs was operating normally. “This may have been the most brilliant part of the code,” one American official said.

Later, word circulated through the International Atomic Energy Agency, the Vienna-based nuclear watchdog, that the Iranians had grown so distrustful of their own instruments that they had assigned people to sit in the plant and radio back what they saw.  “The intent was that the failures should make them feel they were stupid, which is what happened,” the participant in the attacks said. When a few centrifuges failed, the Iranians would close down whole “stands” that linked 164 machines, looking for signs of sabotage in all of them. “They overreacted,” one official said. “We soon discovered they fired people.”

Imagery recovered by nuclear inspectors from cameras at Natanz — which the nuclear agency uses to keep track of what happens between visits — showed the results. There was some evidence of wreckage, but it was clear that the Iranians had also carted away centrifuges that had previously appeared to be working well.  But by the time Mr. Bush left office, no wholesale destruction had been accomplished. Meeting with Mr. Obama in the White House days before his inauguration, Mr. Bush urged him to preserve two classified programs, Olympic Games and the drone program in Pakistan. Mr. Obama took Mr. Bush’s advice….

But the good luck did not last. In the summer of 2010, shortly after a new variant of the worm had been sent into Natanz, it became clear that the worm, which was never supposed to leave the Natanz machines, had broken free, like a zoo animal that found the keys to the cage. It fell to Mr. Panetta and two other crucial players in Olympic Games — General Cartwright, the vice chairman of the Joint Chiefs of Staff, and Michael J. Morell, the deputy director of the C.I.A. — to break the news to Mr. Obama and Mr. Biden.

“I don’t think we have enough information,” Mr. Obama told the group that day, according to the officials. But in the meantime, he ordered that the cyberattacks continue. They were his best hope of disrupting the Iranian nuclear program unless economic sanctions began to bite harder and reduced Iran’s oil revenues.

American cyberattacks are not limited to Iran, but the focus of attention, as one administration official put it, “has been overwhelmingly on one country.” There is no reason to believe that will remain the case for long. Some officials question why the same techniques have not been used more aggressively against North Korea. Others see chances to disrupt Chinese military plans, forces in Syria on the way to suppress the uprising there, and Qaeda operations around the world. “We’ve considered a lot more attacks than we have gone ahead with,” one former intelligence official said….

Mr. Obama has repeatedly told his aides that there are risks to using — and particularly to overusing — the weapon. In fact, no country’s infrastructure is more dependent on computer systems, and thus more vulnerable to attack, than that of the United States. It is only a matter of time, most experts believe, before it becomes the target of the same kind of weapon that the Americans have used, secretly, against Iran.

DAVID E. SANGER,Obama Order Sped Up Wave of Cyberattacks Against Iran, New York Times, June 1, 2012