September 11: before and after
By Shameem Akhtar
IF a catastrophe of the magnitude of September 11 were to occur in the horrific manner in which it did in New York, any nation would go mad, and if the victims of this brutal act were to see the hidden hand of militants of whatever persuasion or faith, they would become the target of vendetta, more so in a democracy. One shouldn’t blame them if their administration does not see the grey shade between the black and white.
Never before have the Americans felt so insecure — not even during the sabre-rattling with Moscow in the days of the Cold War. It was a throwback to the Japanese attack on Pearl Harbour in Honolulu in 1941 but then it was war and though the US proclaimed neutrality, it really was not the case since it was supplying warplanes and strategic material, not to speak of credits to the allies at war with Japan. No wonder the treacherous Japanese invasion of the American military base unleashed anti-Japanese frenzy with racist overtones impelling Washington to enforce draconian laws such as the infamous Executive Order 9006 that interned 1,20,000 American-Japanese in 1942 notwithstanding their valorous performance in the war against Japan.
The 442nd Regimental Combat Team that comprised American-Japanese was the most decorated unit of the US armed forces. The law remained in force for 40 years until it was annulled by the supreme court in 1983. In fact, anti-Japanese feelings had been running high in the US since Japan embarked on its colonialist adventure in the Far East beginning with the annexation of the Korean Peninsula in 1910 and Manchuria in 1931. Expansionist Japan’s colonial ambitions knew no bounds as it went on conquering the coastal region of China, thus closing the doors to American export trade.
The American ruling classes raised the bogey of yellow peril, meaning the looming Japanese threat. The Second World War witnessed Japan’s invasion and occupation of the US, British, Dutch and French colonies including the Philippines, Malaya, Singapore, the Dutch East Indies now called Indonesia and Indochina. Interestingly, the western allies dreaded — and despised — Japan more than they did Nazi Germany and Fascist Italy though they had hit Britain and Europe directly in their home territories. The reason was purely racial.
The allies considered the Germans and Italians as the lesser evil because they belonged to the same racial stock while Japanese with their Mongoloid features were the considered barbarians.
In the post-World War II period, another spectre was haunting Western Europe and the US — that of godless communism emanating from the Soviet Union. Once again panic seized the Americans, who feared that their freedom and democracy were threatened by subversion and their two-party plutocracy was endangered by the totalitarian ideology. To prevent the spread of communism, the Congress passed the Smith Act in 1950 that made the advocacy of violent overthrow of government, or dissemination of this idea or the joining of a group or party promoting the forcible toppling of the government a criminal offence.
With the intensification of the Cold War and the ensuing anti-communist hysteria, American society put pressure on the US administration and the Congress to deny civil liberties to those preaching revolution. In 1951 the Smith Act was challenged in the supreme court which ruled that advocating the violent overthrow of an established government was a criminal offence even if the offender hadn’t committed any overt act in furtherance of his design. The chief justice Fred Vinson observed: “It is the existence of the conspiracy which constitutes the danger not the presence or absence of overt action.”
This appears to be a narrow view of the Act since it in effect prohibits even an academic discussion of a revolutionary doctrine. But it has to be viewed against the background of prevailing public opinion in America created by the crusading media controlled by the vested interests. The treason trial of Ethel and Julius Rosenberg, who had passed on the design of the atomic bomb to the Soviet Union and their execution following the supreme court judgment, had created a war psychosis. In the supreme court Justice William Douglas was the lone dissenting voice and even he could not escape the slanderous attacks by war- mongering politicians.
In this grim scenario rose the maverick Senator Joseph McCarthy of Wisconsin who started a systematic campaign of slander and witch-hunt with the zeal of Jesuits. Acting on the Old Testament commandment that those who are not with us are against us, he would prove even the liberals as communists or dupes in televised investigations.
In his eyes any utterance of peaceful coexistence with the Soviet Union was tantamount to high treason. The Smith Act was used by the administration against communists who were jailed just because they professed the Marxist ideology. They lost their jobs once they were branded as communists.
It then seemed that the US would cease to be an open society and the widespread paranoia would plunge the whole nation into a disastrous war with the Soviet Union. But saner elements asserted themselves in favour of freedom of expression as enshrined in the First Amendment to the Bill of Rights. In 1957 Chief Justice Earl Warren held in Yates v the United States case that the conviction of the American Communist Party leaders under the Smith Act was illegal because they did not indulge in any overt action but merely advocated abstract rebellion which was no offence.
The judgment marks a significant shift in the judicial philosophy of the apex court. This view was further endorsed in the Scales v the United States case which ruled that the Smith Act did not prohibit membership of the Communist Party per se but it regarded its active membership involving the overthrow of government by violent means as illegal. Again, another black law, a by-product of McCarthyism, McCarran Act or Internal Security Act was passed in 1950 barring communists from federal government service and requiring them to get registered with the attorney-general. A so-called Subversive Activities Board was established for the purpose.
Though the Act violated the Fifth Amendment of the US constitution protecting citizens against self-incrimination, it was never struck down by any court but the registration clause was declared ultra vires of the basic law of the land. Owing to public opposition, the McCarran Act was finally scrapped in 1973.
In Britain the violence in the wake of IRA’s struggle for the liberation of Ulster from British rule and the counter-insurgency operation of the United Kingdom raised concern about civil liberties since the 1971 law authorising the detention of the Irish suspects without trial and denial of access to legal counsel constituted a clear violation of the Habeas Corpus Act. . The Gilford Four and Birmingham Six cases are glaring examples of the miscarriage of justice as the accused, after spending 15 years in prison, were found not guilty. This prompted the Lord Chief Justice Denning to resign from office 18 months before his superannuation was due.
The catastrophe of September 11 has had the most negative impact of all. The Patriot Act deprives US citizens of individual liberty and human rights such as the right to access to counsel, right to open trial, freedom of assembly and association once a person is declared a suspect by the FBI or CIA. In such cases suspicion is considered to be proof. In the case of aliens or immigrants of Muslim faith, racial profiling, stereotyping, fingerprinting and humiliating body searches have become their fate. The Guantanamo and Abu Ghraib prisons are like Nazi concentration camps.
George Bush kept denying the internees of Guantanamo Bay the status of prisoners of war under the Third Geneva Convention until the US supreme court ruled that they were POWs under that law. The Bush administration may not treat them as prisoners of war but the judiciary has declared, loud and clear, that the US administration was wrong on this count. The hysteria generated by the terrorist attack on the World Trade Centre in New York had repercussions in the West and in the Third World, especially the Islamic countries in terms of human rights violations. The US-based Human Rights Watch, the London-based Amnesty International, Human Rights Commission and the Bar Associations of Pakistan, have vehemently criticised the so-called unending war on terror under which cover their governments have resorted to mass arrests of suspects, detention without trial and extradition without regard to the international law, and in doing so even bypassing the courts of law.
Worse still, the anti-terrorist law has been applied to legitimate wars of national liberation by people living in occupied territories against foreign occupation. It has also given the despotic regimes a pretext to crush democratic opposition at home. This is neo-McCarthyism that transcends the US borders and infringes on the sovereignty of independent states.
The writer is Dean, Faculty of Management and Social Sciences, Balochistan University of Information Technology and Management Sciences (BUITMS), Quetta.
E-mail: prshameem@yahoo.com


