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Lt. Col. Barry Wingard

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The War on Terror: Beyond the Military

Posted: 07/28/10 09:28 AM ET

The U.S. government routinely uses the term "War on Terror" to describe its military efforts in Iraq and Afghanistan. But how do we really define this "War on Terror"? After all, terrorism dates back to at least the 14th century, and individuals, groups and even nations have employed it ever since.

It's hard to argue that the deployment of a bigger gun or faster tank can actually alter the outcome of either the war in Iraq or Afghanistan, let alone defeat terrorism. The U.S. armed forces have undeniably defeated the organized militaries in Iraq and Afghanistan, but the question now is whether the military can obliterate the ideas and policies that drive the growing use of terrorism.

The fact is, terrorism originates from dark and damp alleys of apathy, poverty, disenfranchisement and misunderstanding. It is a tactic that can support any set of ideals, especially for groups that lack sufficient power to rebel openly. As a result, terrorism in its many forms likely will never be defeated.

More to the point, we certainly cannot expect to defeat terrorism when the "War on Terror" itself creates indifference and fosters misunderstanding among our own citizens. In America, we now accept secrecy in this "War on Terror" as common, acceptable and subject only to the amount of scrutiny that shadowy operatives in the government deem appropriate for disclosure.

In America, the "War on Terror" has become a subjective "us" versus "them" battle that serves to advance stereotypes based upon who we believe we are as Americans and who, or what, we perceive "them" to be. In a real sense, significant effort has gone toward convincing Americans with little worldly experience that a billion Muslim "them" think a certain way and hate us for our free and democratic way of life.

The "War on Terror" should be about taking the moral high ground and protecting law-abiding people of all races, ethnicity and religious faiths. But in the past eight years, it has wrongly been used to sell the idea that the arbitrary "them" are sub-human because they are not like "us." Guantanamo Bay and Abu Ghraib are perfect examples of what happens as a result. These military prisons are already touchstones for the "War on Terror" in history books and nothing we do will ever change that. But, certainly we can do more than continue the mistakes of current and past presidential administrations.

While prosecuting cases in Iraqi courts, I personally witnessed the consequences of misguided U.S. policies. The defendants I was prosecuting were much more likely to be unemployed Iraqis trying to make money, rather than extremists driven by religion or philosophy. Often, when it came to offering justifications for opposing U.S. forces, defendants would cite Abu Ghraib, Guantanamo Bay or the United States' invasion of Iraq. Very few cited historic or religious animosity as the basis for their actions.

As the number of Guantanamo detainees falls below 180 from a one-time high of 775, what will the released men say about their time at Guantanamo Bay and their opinions of the United States? Bear in mind that, for many, Guantanamo was their only American experience. How would their perceptions differ had we afforded these men the same rights we provide every American accused of a crime, no matter how malicious? At a minimum, we would have maintained the high standards of humanity upon which we, as Americans, used to pride ourselves. And we would have maintained the respect we have since lost, even from our closest allies. Instead, at a time when we should have set a shining example through exemplary adherence to the rule of law and respect for human rights, we employed arbitrary long-term detention, "harsh" interrogation techniques and a complete abandonment of due process.

My client, a Kuwaiti named Fayiz al-Kandari, has been confined in a cage at Guantanamo Bay for more than eight years. While we cannot make up for the time Fayiz has lost, we as a country can offer him justice by granting him an opportunity to hear the charges against him, present real evidence, roll back the curtain of secrecy and defend himself in an established court of law.

The only way to win the "War on Terror" is to rise above it and reclaim our leadership role by recognizing international law and not creating policy based on fear. Until we as a nation once again hold ourselves to the standards we demand of others, we will continue to lose friends and create enemies.

Our nation has survived dark times in the past and we can do so again -- not by hiding our mistakes, but by publically rejecting them and changing course. In the present instance, a fair and public trial in a real court for every detainee at Guantanamo Bay is essential. We must put an end to the approach of placing human beings in legal black holes and allowing fear to dictate a policy that contradicts what we have defined as our American way of life.

The views expressed in this article do not represent the views of the Department of Defense or the United States government. Lt. Col. Wingard is a military lawyer who represents Fayiz al-Kandari and has served for 26 years in the military. When not on active duty, he is a public defender in the city of Pittsburgh.

 
 
 
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HUFFPOST SUPER USER
Joseph Furtenbacher
No one you know...
05:08 PM on 08/01/2010
If the Colonel controlled all the horsepow'r and men,
Uncle Sam could be put back together again.

..The views expressed in this article do not represent the views of the Department of Defense or the United States government..

All the worse for them.
HUFFPOST SUPER USER
tosexyformy
02:08 AM on 07/30/2010
It sickens me that men, who have suffered so much in GTMO, can't be given fair, civil trials. They remain suffering from the mistakes of people like Cheney. My hope was that Obama would have ended this craziness. It is a little late to correct all the wrongs but we Americans must insist on justice. Col. Wingard puts it into words so well.
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thereisawayjose
Universal human rights advocat,
02:48 AM on 07/30/2010
How do you kill an Idea ?? " One man's terrorist is another man freedom fighter " those who have no armies, the disenfranchised rely on whatever means are available to them ...
With every kill especially the innocent ones the opposition to occupation grows
We need to stop creating enemies
It is past time to bring our Soldiers home
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GandenT
06:46 PM on 07/29/2010
Good for you sir!
HUFFPOST SUPER USER
tosexyformy
01:14 PM on 07/29/2010
Are we so blinded? This is the answer. What has America become?
10:43 AM on 07/29/2010
If you want to reverse this war on terror campaign, the place to start is the repeal of the Authorization to Use Military Force.

http://en.wikipedia.org/wiki/Authorization_for_Use_of_Military_Force_Against_Terrorists

That will deflate this military balloon so one can turn our attention to these scoundrels running our government.

and kick them to the curb.
09:50 AM on 07/29/2010
I am encouraged by courageous people like Lt. Col. Barry Wingard who has seen through the nonsense about this so called war on terror and the lethal consequences this is having as we turn America into a bankrupt armed fortress promoting ignorance and hatred of foreigners making more enemies around the world everyday at the same time we move towards totalitarianism at home. Thank you!
08:36 AM on 07/29/2010
Once again Barry illuminates the dichotomy that is American policy regarding the "war on terror". A dichotomy in morals, ethics and justice. Were it not for the bravery of men like Barry and other Guantanamo lawyers and reporters, the plight of many of the prisoners would have long ago receded from the nation's psyche.

I was moved yesterday to read the letter Omar Khadr wrote to his Canadian lawyer, Dennis Edney, because it showed such a clear understanding on his part of his scape-goat role in this debacle. A young man whose life was first stolen by his father and now by the powerful bureaucracy of the US military, resigned to his fate regardless of his guilt, is a tragic thing to behold. Equally as tragic is the situation Barry's client, Fayiz, finds himself in. Had Obama transferred these cases to the traditional US justice system, it seems to me that Fayiz would be free now because such an interminably long period without charges or evidence against him, would just not be tolerated.

Barry, I honour you and your work and wish you godspeed in freeing Fayiz.
06:24 AM on 07/29/2010
This analysis goes right to the heart of the biggest problem our country faces today. We turn up our noses at the prospect of trying to understand people who appear different than ourselves . . . and then act mystified that we find ourselves in lots of ugly conflicts. I applaud the courage of a military man who is willing to speak out for the proposition that the answer lies not with more and bigger weapons, but rather with a disciplined application of our own consciences.
02:55 AM on 07/29/2010
As always, Barry states a clear picture of reality. I can only add the perspective both government and media lead us to believe as what constitutes "terrorism" is one sided construct. If one visits any country, or dares imagine life in any country, where the US, UK, or Israel (as prime examples) engage in their "wars", and views the invasion of that country (by hundreds of thousands of heavily armed soldiers, and mercenaries, fighter jets, bombers, choppers, tanks, etc.) through the eyes of its citizens, this implanted perspective will likely alter dramatically and the definition of "terrorism" will hold a decidedly different meaning. Consider what your view would be if, for example, your town had been historically invaded for generations by one neighboring town after another for reasons you cannot comprehend. One town after another, for periods ranging from a year or two to decades, daily drops cluster bombs indiscriminately, strafes your neighborhood and schools, hospitals, shops, churches and civic buildings, shoots your friends and children from rooftops and choppers, scatters leaflets encouraging you to turn in your neighbors for $$, while you struggle to feed your family and keep a roof over their heads, bury your friends, neighbors and loved ones, watch your friends, neighbors and family being arrested, blindfolded, loaded onto planes and carted away to who knows where (maybe to discover they are being held in some distant town and are being tortured, held for years without charges or any chance to defend themselves)...
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HUFFPOST SUPER USER
ray christl
HEMP can save us from ourselves.
07:37 PM on 07/28/2010
The rebellion and terror of Boston Tea party,and Islamic insurgents have similar genes.
lastpost
see biography
10:58 AM on 07/28/2010
“roll back the curtain of secrecy”
Why is no one permitted to take a camera into Guantanamo Bay, to film an interview between an inmate and a journalist? Why is no one permitted to appear before a camera on Fox, to present their side of some current high profile argument in which they are involved? Obviously, nothing that they might say would be capable of clouding the issue. Which is so black and white, that their comments would only further serve to confirm the known facts. The only reason that would make the maintenance of silence an absolute necessity, would be the existence of doubt or even definite knowledge held by those in charge. Concerning the possible uncontrolled release of some unmanageable revelation/s. Exactly that same methodology, can be applied by an opposing force. For a legion knowing too much, may not necessarily be conducive to the objective of the endeavour.
10:19 AM on 07/28/2010
" terrorism originates from dark and damp alleys of apathy, poverty, disenfranchisement and misunderstanding. "

The description you make does not comport with what we know of Osama B Laden. Affluent, educated, U.S. CIA tactician who was instrumental in the defeat of the Ruskie commonist take-over of Afghanistan. The 19 911 assailants were affluent, well educated, children living in the "enemy" land. And.... they attacked us because they did not like our "freedoms".

I believe what you describe counsler. turns out to be a victim of the circumstance of the ugly ugly politics that surrounds this mess. I also believe you have described the youth in America who are taken into the life of prisons, the youth of gangs who miss out on education and a life in accordance with the party line. (where have I heard that before?)