Kopel's Corner weblog archive 2006

This weekend, Congress passed, and sent to the President for his signature, the Homeland Security appropriations bill, H.R. 5441. The Conference Report of the bill includes a variety of non-appropriations measures to enhance homeland security. The most notable of these is the construction 700 miles of fence along the portions of the Mexican border which are the main transit zones for illegal aliens. Also included in the legislation is a ban on gun confiscation during emergencies and natural disasters, to prevent a repeat of the post-Katrina abuses such as law enforcement officers breaking into homes and confiscating firearms from law-abiding citizens.

The new legislation is a modified version of H.R. 5013, by Louisiana Representative Bobby Jindal, which overwhelmingly passed the House in July, and which I wrote about here.

The full text is below, preceded by my summary.

Summary: (a). The bill applies to all law enforcement, including state and local. (Formally, it applies to federal law enforcement, plus anyone receiving federal funds or assisting federal law enforcement. In a disaster, this means almost everyone.) It bans gun confiscation, gun registration, and restrictions on where a firearm may be possessed; confiscation, registration, and restrictions pursuant to existing laws are still allowed. People who are assisting federal disaster relief, and who are allowed to carry firearms under existing law, may not be forbidden to do so.
(b) When mass transit is being used for evacuation (e.g., busses out of New Orleans), passengers can be required to surrender their firearms for the duration of the trip, and then reclaim the firearms when the trip is over.
(c) A person victimized by a violation of this law can sue in federal district court; a prevailing plaintiff will be awarded attorney fees.

SEC. 557. Title VII of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5201) is amended by adding at the end the following:

‘‘SEC. 706. FIREARMS POLICIES.
‘‘(a) PROHIBITION ON CONFISCATION OF FIREARMS.—
No officer or employee of the United States (including any member of the uniformed services), or person operating pursuant to or under color of Federal law, or receiving Federal funds, or under control of any Federal official, or providing services to such an officer, employee, or other person, while acting in support of relief from a major disaster or emergency, may—
‘‘(1) temporarily or permanently seize, or authorize seizure of, any firearm the possession of which is not prohibited under Federal, State, or local law, other than for forfeiture in compliance with Federal law or as evidence in a criminal investigation;
‘‘(2) require registration of any firearm for which registration is not required by Federal, State, or local law;
‘‘(3) prohibit possession of any firearm, or promulgate any rule, regulation, or order prohibiting possession of any firearm, in any place or by any person where such possession is not otherwise prohibited by Federal, State, or local law; or
‘‘(4) prohibit the carrying of firearms by any person otherwise authorized to carry firearms under Federal, State, or local law, solely because such person is operating under the direction, control, or supervision of a Federal agency in support of relief from the major disaster or emergency.
‘‘(b) LIMITATION.—Nothing in this section shall be construed to prohibit any person in subsection (a) from requiring the temporary surrender of a firearm as a condition for entry into any mode of transportation used for rescue or evacuation during a major disaster or emergency, provided that such temporarily surrendered firearm is returned at the completion of such rescue or evacuation.
‘‘(c) PRIVATE RIGHTS OF ACTION.—
‘‘(1) IN GENERAL.—Any individual aggrieved by a violation of this section may seek relief in an action at law, suit in equity, or other proper proceeding for redress against any person who subjects such individual, or causes such individual to be subjected, to the deprivation of any of the rights, privileges, or immunities secured by this section.
‘‘(2) REMEDIES.—In addition to any existing remedy in law or equity, under any law, an individual aggrieved by the seizure or confiscation of a firearm in violation of this section may bring an action for return of such firearm in the United States district court in the district in which that individual resides or in which such firearm may be found.
‘‘(3) ATTORNEY FEES.—In any action or proceeding to enforce this section, the court shall award the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs.’’.

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[David Kopel, September 26, 2006 at 3:10pm] 1 Trackbacks / Possibly More Trackbacks

Gun Control: Does the UN Protect Women’s Rights?

In a new article on ChronWatch, Howard Nemerov recounts some of the atrocities of sexual abuse perpetrated by UN "peacekeepers" against women. He also reports how some women in Liberia have joined rebel groups in order to obtain firearms to protect themselves from sexual assault.

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[David Kopel, September 13, 2006 at 6:29pm] 1 Trackbacks / Possibly More Trackbacks

UN's New Attack on Law-Abiding American Gun Owners:

Advanced Topics in Human Rights Law. Exam, Spring 2010. Question 4: One day, a woman goes to a gun store in Florida. She provides picture identification to the store owner, who then, pursuant to the National Instant Check System, uses his telephone to contact law enforcement, and ensure that the woman has no criminal record. The woman then purchases an expensive double-barreled shotgun, manufactured in the United Kingdom. She plans to use the gun for all lawful purposes, but primarily for sporting clays. In accordance with Florida law, she did not need to obtain a government license to possess the gun.

Two years later, a man breaks into her home at night. The woman reasonably (and correctly) believes that the man intends to rape and torture her. She also, correctly, believes that there is absolutely no possibility that the man will kill her. She shoots the man and kills him.

Summarize the human rights violations

Answer:

1. The United Kingdom violated human rights by allowing the export of small arms to the United States for retail sale, under conditions which the U.K. knew (or through due diligence should have known) made it likely that the arms would be used to violate human rights. The Arms Trade Treaty was proposed in the fall of 2006 in the United Nations General Assembly by Australia, Argentina, Costa Rica, Finland, Japan, Kenya and the United Kingdom. Those nations, and many others, later ratified the treaty. The treaty makes it illegal to export small arms to a nation when it is likely that the arms will be used to violate human rights.

Almost all of the public discussion of the ATT focused on violations of "traditional" human rights — such as selling arms to the Burmese police, some which would be used to murder peaceful dissidents. However, the text of the ATT applies to all human rights violations, include newer human rights. The U.K. knew or should have known that its export of arms to the civilian market in the U.S. would lead to the human rights violations detailed below.

2. The United States and the State of Florida violated human rights by allowing the woman to possess a firearm without a license. The July 27, 2006, Final Report of the United Nations Special Rapporteur on the use of small arms in human rights violation stated:

16. Minimum effective measures that States should adopt to prevent small arms violence, then, must go beyond mere criminalization of acts of armed violence. Under the principle of due diligence, it is reasonable for international human rights bodies to require States to enforce a minimum licensing requirement designed to keep small arms and light weapons out of the hands of persons who are likely to misuse them....The criteria for licensing may vary from State to State, but most licensing procedures consider the following: (a) minimum age of applicant; (b) past criminal record including any history of interfamilial violence; (c) proof of a legitimate purpose for obtaining a weapon; and (d) mental fitness. Other proposed criteria include knowledge of laws related to small arms, proof of training on the proper use of a firearm and proof of proper storage. Licences should be renewed regularly to prevent transfer to unauthorized persons. These licensing criteria are not insurmountable barriers to legitimate civilian possession. There is broad international consensus around the principle that the laws and procedures governing the possession of small arms by civilians should remain the fundamental prerogative of individual States. While regulation of civilian possession of firearms remains a contested issue in public debate - due in large part to the efforts of firearms manufacturers and the United States of America-based pro-gun organizations - there is in fact almost universal consensus on the need for reasonable minimum standards for national legislation to license civilian possession in order to promote public safety and protect human rights. This consensus is a factor to be considered by human rights mechanisms in weighing the affirmative responsibilities of States to prevent core human rights violations in cases involving private sector gun violence.

Neither Florida nor the United States require a license to possess a gun. Nor did either government require any "proof" that the woman had "a legitimate purpose for obtaining a weapon." Notably, even if the woman had lived in an American state or city with more restrictive laws, there still would have been a human rights violation. Only a minority of jurisdictions have licensing system, and of those, many require a license only for hand guns (not long guns), and require a license only for purchase — rather than a license for continuing possession, which must be periodically renewed. Notably, even the most restrictive jurisdictions (e.g., New York City for handguns) do not require a purchaser to prove that she has a legitimate purpose. Hence, any export of firearms for civilian sale to the U.S. is per se human rights violation.

On August 21, 2006, the UN Human Right Council's Subcommission on the Promotion and Protection of Human Rights endorsed the Frey Report in toto, and recommended that the full Human Rights Council do so. The HRC later did so.

Although the Arms Trade Treaty has been signed by President Clinton, it has never been brought to the Senate floor for ratification. However, the ATT, as well as the decisions of the HRC, are relevant guides to the interpretation of U.S. and Florida constitutional provisions, including those which forbid the deprivation of life without due process. The principle that unratified treaties (such as the Convention for the Elimination of All Forms of Discrimination Against Women), or treaties to which the United States could not even be a party (such the African Charter on the Rights and Welfare of the Child) may be used in interpreting the human rights provisions of the U.S. Constitution is well-established by Supreme Court precedent. Significantly, the ATT and the HRC standards on gun control have been endorsed by several international bodies, as well as international organizations concerned with human rights, including Amnesty International, the World Council of Churches, and the International Action Network on Small Arms.

3. Finally, the woman's use of gun violence against the man was also a human rights violation. This gun violence was also accountable as a human rights violation by the State of Florida. According to the Frey Standards adopted by the UN Human Rights Council, self-defense is not a human right. Rather, "When small arms and light weapons are used for self-defence, for instance, unless the action was necessary to save a life or lives and the use of force with small arms is proportionate to the threat of force, self-defence will not alleviate responsibility for violating another’s right to life." (Para. 26). Moreover, "Because of the lethal nature of these weapons and the jus cogens human rights obligations imposed upon all States and individuals to respect the right to life, small arms and light weapons may be used defensively only in the most extreme circumstances, expressly, where the right to life is already threatened or unjustifiably impinged." Under international law, a jus cogens standard supersedes any contrary rule. The constitutions of the United States and of Florida, as well as numerous human rights treaties ratified by the United States, recognize the government's obligation not to take life unjustifiably. As the Frey Report details, a government's failure to enact sufficiently stringent gun control laws (discussed in item 2, above) and to enact sufficiently stringent restrictions on self-defense constitute a governmental failure to exercise due diligence, and consequently a violation of the right to life.

The laws of all American states allow the use of deadly force against certain violent felonies (include rape, torture, and mayhem) when the person being attacked reasonably believes that no lesser force will suffice. The use of deadly force against an attack which is not life-threatening is plainly disproportionate, and a violation of the HRC standards.

Florida--like many other American states--compounds its human rights violation by not requiring that the defender use less-than-deadly-force if lesser force would sufficient to stop the violent felony.

Extra credit: Although the law regarding private suits for human rights violations is still evolving, the estate or relatives of the man who was the gun violence victim might have a cause of action in a U.K. or European Court to sue the firearms manufacturer, and also to sue the United Kingdom itself. Further, the estate/relatives of the gun violence victim could sue the State of Florida, and the United States, for violating his right to life. The suit would be based on section 1983 of the Civil Rights Act, which encompasses private lawsuits for the deprivation of federal civil rights, including the right not to be deprived of life without due process. The American court, following the lead of the U.S. Supreme Court, could use international law standards, such as the HRC standards, in determining the scope of a government's duty regarding the right to life.

The federal Protection of Lawful Commerce in Firearms Act, and its Florida analogue, prohibit a lawsuit against the manufacturer, wholesaler, and retailer of the shotgun. Florida law prohibits a lawsuit against the gun violence perpetrator, because the perpetrator was acting within the scope of Florida self-defense law when she shot the victim. However, the estate/relatives could argue the all the statutes mentioned in this paragraph are unconstitutional, because the are contrary to the right to life guaranteed by the federal due process clause, as informed by the evolving standards of international human rights, as defined by the UN Human Rights Commission.

As the Frey/HRC observed, the "regulation of civilian possession of firearms remains a contested issue in public debate - due in large part to the efforts of firearms manufacturers and the United States of America-based pro-gun organizations." If the victim's human rights lawsuit were brought before a judge who was sympathetic to such manufacturers or organizations, it is unlikely that the suit would succeed. However, there are many judges who do not have such sympathies. Thanks to the flexibility of international law, and the evolving practice in U.S. constitutional interpretation of using international law guidelines, it would be possible for the lawsuits to result not only in monetary damages, but also in injunctive relief, and the judicial negation of the state and federal laws on self-defense and gun control which violate international human rights.

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Taiwan's Right to Representation in the United Nations:

Today the United Nations General Assembly convenes in its 61st session. Unfortunately, the legitimacy of the General Assembly, and of the United Nations itself, is undermined by the exclusion of the free, democratic, and independent nation of Taiwan from membership--in contravention of the UN Charter.

It might seem futile even to raise the issue of Taiwan's exclusion, since China is adamant that Taiwan will never be admitted to the United Nations. But even though a great power may persist for decades in trying to block the admission of an independent state to the UN, diplomatic circumstances and priorities can change, over time — as was demonstrated, for example, by the awarding of the China seat to the Mao regime in 1971 (following decades of U.S. opposition). In any case, it is important for the public and the diplomatic community to recognize the illegitimacy of Taiwan being denied its rightful place in the United Nations.

The UN Charter, article 4, states that "Membership in the United Nations is open to all other [non-founding] peace-loving states which accept the obligations contained in the present Charter and, in the judgment of the Organization, are able and willing to carry out these obligations." Taiwan is indisputably a "peace-loving" state — in marked contrast to China, which not only makes threats against Taiwan, but supplies arms and financial support to warlords, dictators, and genocidaires around the world, including in Sudan.

Since Taiwan is "peace-loving," it is necessarily entitled to UN membership, according to the UN Charter, as long as Taiwan is a "state" that is capable of carrying out various UN obligations. Plainly Taiwan is such a state.

Taiwan is self-governing. Indeed, Taiwan exercises far more complete self-government than has been exercised by some UN member states — such as Lebanon during its period of colonization by Syria, or the Warsaw Pact nations during the period of Soviet hegemony.

Taiwan encompasses a well-defined territory, consisting of the island of Taiwan itself, plus dozens of smaller islands in the Taiwan Strait, the most important of which are the Pescadores. In contrast, some UN member states (such as India and Pakistan) have disputed or unresolved borders.

Taiwan's government is sovereign over its entire territory. Again, some UN member states do not exercise full sovereignty over their nominal territories; for example, Pakistan has only limited control over the northwest frontier province and the federally administered tribal areas. Likewise, Lebanon's government is far from fully sovereign in southern Lebanon.

In addition, Taiwan's population of over 23 million is larger than most UN member states. Taiwan has developed a republican form of government, and achieved a very good record on human rights — putting Taiwan far ahead of scores of UN member states, and much closer to full compliance with the founding ideals of the United Nations, as well as the many UN human rights treaties and declarations.

As the Declaration of Independence explains, self-government is the foundation of legitimate sovereignty; accordingly, Taiwan's current democratically-elected government exercises a legitimate sovereignty which is not possessed by the dictatorship in China nor by the dozens of other dictatorships which have UN delegations.

Taiwan clearly fulfills the four criteria of de facto statehood, as articulated in Article 1 of the 1933 Montevideo Convention: "(a) a permanent population; (b) a defined territory; (c) government; and (d) capacity to enter into relations with the other states." Notably, even if China succeeded in convincing every country in the world to terminate formal diplomatic recognition of Taiwan, Taiwan would still, legally, be an independent state; as Montevideo's article 4 declares: "The political existence of the state is independent of recognition by the other states."

In 1971, the United Nations gave the China seat at the UN to the Mao Zedong dynasty, the seat having formerly been held by the Chiang Kai-shek dictatorship. The UN's decision was reasonable: the Chiang regime had lost the Chinese civil war in 1949, and, although the regime still made a nominal but ridiculous claim to rule China, it was clear in 1971 that for the last 22 years, the sovereign in China had been Mao, not Chiang, and there was no prospect of that situation changing. Resolution 2758 addressed solely the question of which regime was entitled to hold the "China" seat, and did not purport to resolve anything regarding Taiwan's independence.

The Mao dynasty in China has, since 1949, claimed sovereignty over Taiwan, but never has actually exercised a shred of sovereignty. Fifty-seven years of actual independence is more than sufficient for the Taiwan to deserve recognition as an independent state.

In terms of the right to admission to the United Nations, all that matters is Taiwan's status now as an independent, peace-loving state. Even if Taiwan had been part of China for 3,500 years, the most recent 57 years of independence entitle Taiwan to UN membership. However, it should be noted that the historical and international law record is more supportive of Taiwan's independence than of China's claim to sovereignty over Taiwan.

The history of Chinese government is very old, dating back to the Shang dynasty in the middle of the second millennium BC. Many Chinese dynasties rose and fell in the following centuries — but not until three thousand years later did any government on the continent of Asia claim to rule even a portion of the island of Taiwan. (However, the Quemoy Islands, which are very close to the Chinese coast, and which are currently ruled by the Taipei government, were historically part of China.) In 1683, China's government did establish some control over western Taiwan, and this control lasted for two centuries. For almost all of this period, the Chinese explicitly denied that they were sovereign over eastern Taiwan. One purpose of the denial was to avoid taking responsibility for the pirates who operated from eastern ports; and the Chinese's government's inability to suppress the pirates is one indication that China was correct in claiming not to exercise sovereignty in the east.

Only for 17 years (some other historians say 8 years) in the late 19th century did China actually declare sovereignty over all of Taiwan. This is trivially short period in the scope of Taiwanese and Chinese history.

Significantly, China renounced any claim to sovereignty over Taiwan, in the 1895 Treaty of Shimonoseki, and Taiwan was ceded to Japan. Japan ruled the entire island of Taiwan from 1895 to 1945 — that is, three times as long a China ruled the entire island. Ever since the sixteenth century, Japan had claimed sovereignty over eastern Taiwan. Thus, Japan's claim of sovereignty over one side of the island is actually two centuries longer and more senior than China's claim of sovereignty over the other side. Today, we would hardly claim that Japan's historical record of sovereignty over Taiwan entitles Japan to rule Taiwan against its will; a fortiori, the weaker record of Chinese sovereignty cannot give China a right to rule Taiwan against its will.

In the 1951 San Francisco Peace Treaty, which formally ended World War II, and the 1952 Treaty of Taipei (between Japan and Taiwan), Japan renounced all claims to Taiwan. Significantly, neither treaty stated that Taiwan was now part of China.

In the unsigned 1943 Cairo Declaration, Roosevelt, Churchill, and Chiang stated that "Manchuria, Formosa [Taiwan's Japanese name], and the Pescadores, shall be restored to the Republic of China." Although it is doubtful that Cairo created binding international law, the literal effect of the language is consistent with Taiwan's current, independent existence as the "Republic of China," and inconsistent with Taiwan being subsumed into the "People's Republic of China"; certainly the Communist tyranny which Mao hoped to establish was not an intended beneficiary of the Cairo Declaration. To the contrary, the intent of the parties of the Cairo Declaration would be to construe each and every word against a Mao regime and its successors. The Cairo Declaration is also referenced in the Potsdam Declaration.

The fact that China persists in a claim of sovereignty of Taiwan, and sometimes makes military threats, cannot be considered a proper reason for denying UN membership to Taiwan. After all, North Korea and South Korea were each admitted to the UN, even though the North Korean tyranny claims sovereignty over South Korea, and legally remains in a state of war with South Korea. (The Korean War was ended by an armistice, which was executed in the expectation that a peace treaty would be negogiated later, but there has been no such treaty.)

During a 1998 visit to China, President Clinton said that he opposed admitting Taiwan to the United Nations. The U.S. House of Representatives promptly rebuked him, voting 390-1 for a Resolution (H. Con. Res. 301) by which Congress "affirms its strong support, in accordance with the spirit of the Taiwan Relations Act, of appropriate membership for Taiwan in international financial institutions and other international organizations."

Rather than kowtowing to the Chinese dictatorship, all freedom-loving nations and peoples should stand in support of Taiwan's right to self-determination and to membership in the United Nations.

Further reading: Parris Chang & Kok-ui Lim, "Taiwan's Case for United Nations Membership," UCLA Journal of International Law and Foreign Affairs (1997).

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Jewish Boxing, Fencing, and Self-Defense

A recent post on David Hardy's fine weblog, Of Arms & the Law, discusses the great English Jewish boxer Daniel Mendoza. So I thought I would add what I know about Jewish boxing, along with a bonus paragraph on Jewish fencing.

Beginning in 1760, British Jews began to participate in the sport of boxing. The English champion from 1791-95 was Daniel Mendoza, whose innovative technique relied on speed and skill rather than pure force.

As the political reformer Francis Place explained, before Mendoza:

Dogs could not be used in the streets in the manner many Jews were treated. One circumstance among others put an end to the ill-usage of Jews....[Mendoza became famous and set up a boxing school for young Jews.] The consequence was in a very few years seen and felt too. It was no longer safe to insult a Jew unless he was an old man and alone....But even if the Jews were unable to defend themselves, the few who would now be disposed to insult them merely because they are Jews, would be in danger of chastisement from passers-by and of punishment from the police.

Thus, when Jews began to defend themselves, they demonstrated that they were worthy of being defended-—and so good-hearted gentiles also began to defend Jews.

In the 1920s in the United States, Jews were the major ethnic group engaged in professional boxing—-mainly for the same economic reasons that many low-income groups gravitate towards boxing. Jews remained prominent in the 1930s, after which Jewish participation waned as Jews climbed the socio-economic ladder, and found easier ways to make a living.

In the Jewish boxers, one could see what historian Irving Howe called the "New Jewish Character," which was "active, not passive, subject, not object, erect, not bowed, combative, not acquiescent."

The first American boxer to play a prominent role in public affairs was Barney Ross, who won the lightweight, junior welterweight, and welterweight championships. He retired from boxing in 1938, enlisted in the army after Pearl Harbor, and was wounded at Guadalcanal, earning a Silver Star for rescuing soldiers from a Japanese ambush. After returning to the United States, Ross played a very public role in Zionist groups pressuring the American government to help Jewish refugees, and recruiting Americans to assist the Irgun (Menachem Begin’s fighting group in British Palestine).

In 1915, Louis Brandeis explained how Zionism was reforming the Jewish character, so that Jews would fight for their rights, rather than submitting to anti-Semitism:

[Zionism’s] effect upon the Jewish students of Austrian universities was immediate and striking. Until then they had been despised and ill-treated. They had wormed their way into appointments and into free professions by dint of pliancy, mock humility, mental acuteness, and clandestine protection. If struck or spat upon by "Aryan" students, they rarely ventured to return the blow or insult. But Zionism gave them courage. They formed associations, and learned athletic drill and fencing…..[P]resently the best fencers of the German fighting corps found that Zionist students could gash cheeks quite as effectually as any Teuton, and that Jews were in a fair way to become the best swordsmen of the university. Today the purple cap of the Zionist is as respected as any academic association.

Sources: Allen Bodner, When Boxing Was a Jewish Sport (Westport, Conn.: Praeger, 1997).

Irving Howe, Introduction to The Legacy of Jewish Migration, ed., David Berger (N.Y.: Holt, Rinehart & Winston, 1983), p. 28.

Louis D. Brandeis, Brandeis on Zionism: A Collection of Addresses and Statements by Louis D. Brandeis (Union, N.J.: The Lawbook Exchange, 1999)(1st pub. 1942), p. 32 (June 1915 speech, "The Jewish Problem and How to Solve It").

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Colorado Governor's Race:

The race for governor in the purple state of Colorado features Democrat Bill Ritter (former D.A. of Denver) versus Republican Bob Beauprez (U.S. Rep. of the 7th C.D., south and east of Denver). According to the Denver Post, Ritter recently told a meeting of "several members of the state's business elite" that he agreed with 38 of Owens' 47 vetoes in 2005. Award-winning political columnist (and retired 22-year legislator, and my father) Jerry Kopel calls on Ritter to disclose to everyone which bills he would vetoed. My father also urges the state legislature's Democratic leadership to "talk some sense into him about how far he can go in losing the Democratic base and alienating Democratic legislators or nominees in order to ensure funding from the 'business elite'."

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War on Drugs versus War on Terrorists:

During the recent war against Israel, Hezbollah used night vision equipment which had been supplied by Iran, as detailed in a new article by the Jewish Institute of National Security Affairs. Iran had obtained the equipment from the United Kingdom to "bolster Iranian efforts to combat heroin smuggling across the Afghan border as part of the UN Drug Control Program." The U.K. was extremely foolish to expect the Iranian tyrants to keep their promises not to divert the equipment to military use.

This is far from the only example of how excessive zeal in the drug war undermines the national security interest of democracies. A similar problem is evident in Latin America, as Mike Krause and I wrote in "A Foreign Policy Disaster," a chapter in the book The New Prohibition: Voices of Dissent Challenge the Drug War (Accurate Press, 2004).

Related Posts (on one page):

The War on Drugs vs. The War on Terror
War on Drugs versus War on Terrorists:

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Colorado Shakespeare Festival 2006:

Do you want to be happy, or do you want to think deep thoughts? At this summer’s Colorado Shakespeare Festival, at the University of Colorado at Boulder, you can do both, although not on the same night.

If you want to laugh, then see As You Like It, a comedy for the CSF seems to have a particular talent. The previous CSF production of As You Like It, in 2001, was sparkling and wonderful, and so is this version, but in a very different way.

This time around, As You Like It is turned into a “screwball comedy.” The screwball comedy, which was especially popular in the late 1930s and early 1940s, was based on the comic juxtaposition of opposites – rich vs. poor, urban vs. rural, and male versus female. In As You Like It, the heroes, having been betrayed by their older relatives, flee to the Forest of Arden. In the Boulder production, the forest is the rural south of the 1930s.

The male hero of the screwball comedy is often good-hearted, simple, and naïve, while the female is a wily, deceitful fast-talker. The improbable film plots succeed on the strength of excellent leads and their witty dialogue.

Director Gavin Cameron-Webb transforms As You Like It into screwball mode so seamlessly that one almost believes that the play was originally written screwball-style. Particularly excellent as sharp-tongued cynical dames are Rosalind’s cousin Celia (Elgin Kelly) and Phebe the hard-hearted country girl (Laura Montes)—two broads with broad gestures, wide swings in their voices, and comically expressive faces.

The males are well-played and solid, although none of them rises to, say, the heights of Gary Cooper in Mr. Deeds Goes to Town (1936).

The only really false note is struck by Duke Senior, as the hobo leader who is the exiled brother of Duke Frederick. He often played with a yo-yo during his speeches, but the action seemed contrived rather than zany.

Hobos with yo-yos notwithstanding, most of the other elements from the 1930s fit together smoothly: the wrestler with the Brooklyn accent who would be “loathe ta hoit 'im,” the singing telegram, the Woody Guthrie music, the square dance finale, and, especially, the characters at the urban costume party dressed as Flash Gordon, Ming the Merciless, Scarlett O’Hara, the Mummy, and other 1930s movie characters.

Another play involving an exiled brother, The Tempest, is also excellent, in its own dark and disturbing way. The story begins with Prospero and his young adult daughter Miranda, who for almost two decades have been exiled on a Mediterranean island by Prospero’s usurping brother, who took over the duchy of Milan. During the years on the island, Prospero has learned magic and acquired a collection of ethereal servants, led by Ariel. He also rules over a monstrous slave named Caliban.

Prospero discovers that a ship carrying his wicked brother, as well as the wicked king of Naples (who had helped the usurpation plot) are coming nearby; Prospero uses magic to cause a shipwreck, and most of the play involves several shipwrecked parties who wander the island.

The performances and staging evoke, at various times, Heart of Darkness, Lord of the Flies, The Hulk, and Lost—works which followed The Tempest in exploring the dark-hearted monster that is part of human nature—a monster sometimes revealed more vividly in the wilderness, but always present in “civilization” too.

Caliban is the overt monster—enslaved because he once attempted to rape Miranda, after she befriended and tutored him. The Neapolitan and Milanese rulers and courtiers are better-dressed than brutish Caliban, but even more monstrous, betraying families and each other.

Almost all the characters in the play undergo a transformation. The leading exceptions are Prospero’s beautiful daughter Miranda (the charming Tara McMullen) and her beloved, handsome Prince Ferdinand, who both remain guileless and pure.

The biggest transformation is Prospero’s. A Freudian avant la lettre, he re-enacts the central trauma of his life (the usurpation of his dukedom), and this time ensures a happy ending—defeating a pair of drunken, cruel sailors whom he has entrapped in a plot to usurp his little island kingdom. After exacting some revenge and teaching a few lessons to the shipwrecked characters, Prospero abjures magic, frees the spirit Ariel (thereby liberating his own spirit), emancipates Caliban, reconciles with his brother, and prepares to return to civilization.

Having grown up without knowing any human other than her father, Miranda sees the shipwrecked men, and exclaims “Oh brave new world, that hath such people in it!” Her naïve excitement evokes laughter from the audience, but the line also reminds us of the new word that has been created by the reconciliation of Prospero and his enemies (and also by the solution of other conflicts in the subplots), when reformed men stop acting like monsters.

Yet in the brave new world created by mercy, Prospero remains a rather dour fellow. After all, character is built over the years, and, although a person can change his intentions, changing one’s disposition is takes time.

Both of The Tempest and As You Like It are performed at the beautiful outdoor Mary Rippon Theatre at the University of Colorado, with a stage flanked by evergreens, and the night sky sometimes adding commentary to the show. The Tempest benefits most from the setting, as the sparse set blends into the outdoors to create scenes of magical otherworldiness.

As You Like It, ostensibly set in a forest, keeps so much attention on the characters’ madcap physicalizations that the play would work equally well indoors. The CSF finishes its season with performances every night this week, through Saturday night.

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Celebrate Diversity with Hezbollah:

Denver blogger Joshua Sharf (View from a Heights) notes a Denver Post report of an anti-Israel rally in Denver last Saturday: "Mixed messages ranging from steadfast nonviolence to support for Hezbollah 'show the diversity' of a new organization called the Front Range Coalition for Justice and Peace in the Middle East, said Imam Ibrahim Kazerooni, a leader of interfaith efforts at St. John's Cathedral."

Sharf writes:

I hadn't realized that tolerance for, indeed applause for, Ahmedinejad's willing executioners was included in the definition of "interfaith efforts."

...A well-organized rally would have had marshals controlling the message a little bit. The quote to the paper would have been about how his "movement" had no place for the sort of hatred that Nasrallah represents, blah blah blah. But Kazerooni couldn't even bring himself to say that.

Kazerooni knows what Hezbollah and Nasrallah are. He knows perfectly well that Nasrallh, too, has said he's looking forward to the ingathering of the Jewish exiles, all the easier to kill them. He's also a professional at PR, so he knows how to stay on message when he wants to. And in this case, the message was, "we'll take all comers, even if they're experimenting with Zyklon B in their back yards."

He's not anti-war, he's just on the other side.

Kazerooni came to Colorado after fleeing persecution under Saddam Hussein, but it hard so respect his current tolerance a group that would impose its own tyranny on Lebanon.

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[David Kopel, August 7, 2006 at 3:14am] 0 Trackbacks / Possibly More Trackbacks

President Kennedy's Words on Cuba:

Speaking to the American public about the Cuban Missile Crisis on October 22, 1962, President Kennedy concluded with some words which are still relevant:

Finally, I want to say a few words to the captive people of Cuba to whom this speech is being directly carried by special radio facilities.

I speak to you as a friend, as one who knows of your deep attachment to your fatherland, as one who shares your aspirations for liberty and justice for all.

And I have watched and the American people have watched with deep sorrow how your nationalist revolution was betrayed and how your fatherland fell under foreign domination.

Now your leaders are no longer Cuban leaders inspired by Cuban ideals. They are puppets and agents of an international conspiracy which has turned Cuba against your friends and neighbors in the Americas...

But this country has no wish to cause you to suffer or to impose any system upon you. We know that your lives and land are being used as pawns by those who deny your freedom. Many times in the past the Cuban people have risen to throw out tyrants who destroyed their liberty.

And I have no doubt that most Cubans today look forward to the time when they will be truly free, free from foreign domination, free to choose their own leaders, free to select their own system, free to own their own land, free to speak and write and worship without fear or degradation.

And then shall Cuba be welcomed back to the society of free nations and to the associations of this hemisphere.

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[David Kopel, August 5, 2006 at 1:53am] 0 Trackbacks / Possibly More Trackbacks

Never Again

Israeli journalist Ben Caspit, who writes commentary for the daily newspaper Ma'ariv (and who, in early 2006, was criticized by some as an apologist for Ariel Sharon's plans to withdraw from most of the West Bank/Judea/Samaria) has penned a speech which he thinks that Israel's Prime Minister should give:

Ladies and gentlemen, leaders of the world. I, the Prime Minister of Israel, am speaking to you from Jerusalem in the face of the terrible pictures from Kfar Kana. Any human heart, wherever it is, must sicken and recoil at the sight of such pictures....Still, I am looking you straight in the eye and telling you that the State of Israel will continue its military campaign in Lebanon....

We will not hesitate, we will not apologize and we will not back off. If they continue to launch missiles into Israel from Kfar Kana, we will continue to bomb Kfar Kana. Today, tomorrow and the day after tomorrow. Here, there and everywhere. The children of Kfar Kana could now be sleeping peacefully in their homes, unmolested, had the agents of the devil not taken over their land and turned the lives of our children into hell.

Ladies and gentlemen, it’s time you understood: the Jewish state will no longer be trampled upon. We will no longer allow anyone to exploit population centers in order to bomb our citizens. No one will be able to hide anymore behind women and children in order to kill our women and children....

Today I am serving as the voice of six million bombarded Israeli citizens who serve as the voice of six million murdered Jews....In both cases, those responsible for these evil acts were, and are, barbarians devoid of all humanity, who set themselves one simple goal: to wipe the Jewish race off the face of the earth, as Adolph Hitler said, or to wipe the State of Israel off the map, as Mahmoud Ahmedinjad proclaims.

And you - just as you did not take those words seriously then, you are ignoring them again now. And that, ladies and gentlemen, leaders of the world, will not happen again....Never again will we wait for salvation that never arrives. Now we have our own air force. The Jewish people are now capable of standing up to those who seek their destruction - those people will no longer be able to hide behind women and children. They will no longer be able to evade their responsibility.

Every place from which a Katyusha is fired into the State of Israel will be a legitimate target for us to attack. This must be stated clearly and publicly, once and for all. You are welcome to judge us, to ostracize us, to boycott us and to vilify us. But to kill us? Absolutely not.

Four months ago I was elected by hundreds of thousands of citizens to the office of Prime Minister of the government of Israel, on the basis of my plan for unilaterally withdrawing from 90 percent of the areas of Judea and Samaria...

The Prime Minister who preceded me, Ariel Sharon, made a full withdrawal from the Gaza Strip...The Prime Minister who preceded him, Ehud Barak, ended the lengthy Israeli presence in Lebanon....

What did the State of Israel get in exchange for all of this?...Ehud Barak's peace initiative at Camp David let loose on us a wave of suicide bombers who smashed and blew to pieces over 1,000 citizens, men, women and children. I don't remember you being so enraged then....

We do not dance on the roofs at the sight of the bodies of our enemy's children - we express genuine sorrow and regret. That is the monstrous behavior of our enemies....

And Ariel Sharon's withdrawal from Gaza. What did it get us? A barrage of Kassem missiles fired at peaceful settlements and the kidnapping of soldiers. Then too, I don't recall you reacting with such alarm....

In a loud clear voice, looking you straight in the eye, I stand before you openly and I will not apologize. I will not capitulate. I will not whine. This is a battle for our freedom. For our humanity. For the right to lead normal lives within our recognized, legitimate borders. It is also your battle. I pray and I believe that now you will understand that. Because if you don't, you may regret it later, when it's too late.

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David Kopel, August 4, 2006 at 9:42pm] 0 Trackbacks / Possibly More Trackbacks

Who Thinks Bush is a lot like Hitler?

The organization World Can't Wait has run an advertisement urging a rally on October 5 to "mass resistance" to begin to "Drive out the Bush regime." After listing various Bush sins, the advertisement declares "People look at all this and think of Hitler – and they are right to do so. The Bush regime is setting out to radically remake society very quickly, in a fascist way, and for generations to come."

The advertisement lists the following endorsers:

James Abourezk, Aris Anagnos, Anti-Flag, Edward Asner, Russell Banks, Ed Begley Jr., Harry Belafonte, St. Clair Bourne, Gabriel Byrne, Margaret Cho, Ward Churchill, Kate Clinton, US Rep. John Conyers Jr., John Densmore, Jesse Díaz Jr., Ariel Dorfman, Tom Duane, Michael Eric Dyson, Steve Earle, Niles Eldredge, Daniel Ellsberg, Eve Ensler, Lawrence Ferlinghetti, Jane Fonda, Michael Franti, reg e. gaines, Martin Garbus, Wavy Gravy, André Gregory, Paul Haggis, Sam Hamill, Suheir Hammad, Kathleen Hanna, Stephen Hays, Merle Hoffman, Rev. Jesse L. Jackson, Mumia Abu-Jamal, Bill T. Jones, Rickie Lee Jones, Sarah Jones, Brig. Gen. (ret) Janis Karpinski, Casey Kasem, Ron Kovic, Jonathan Kozol, Jessica Lange, Lewis Lapham, Mark Leno, Rabbi Michael Lerner, George Lois, US Rep. Cynthia McKinney, Mark Crispin Miller, Tom Morello, US Rep. Major Owens, Ozomatli, Grace Paley, Harvey Pekar, Sean Penn, Jeremy Pikser, Harold Pinter, Frances Fox Piven, Sister Helen Prejean, Michael Ratner, Boots Riley, Mark Ruffalo, US Rep. Bobby Rush, Susan Sarandon, James Schamus, Richard Serra, Rev. Al Sharpton, Cindy Sheehan, Martin Sheen, Gary Soto, Nancy Spero, Gloria Steinem, Lynne Stewart, Serj Tankian, Jonathan Tasini, Sunsara Taylor, Studs Terkel, Gore Vidal, Kurt Vonnegut, Alice Walker, Naomi Wallace, Lt. Ehren Watada, US Rep. Maxine Waters, Cornel West, Saul Williams, Krzysztof Wodiczko, Ann Wright, Howard Zinn.

All I can say is that I'm disappointed with Wavy Gravy, but not surprised about most of the rest.

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David Kopel, July 29, 2006 at 1:55pm] 1 Trackbacks / Possibly More Trackbacks

How Israel and Thailand are preventing jihadi shootings:

At schools and other youth centers, they allow or require the presence of armed adults, such as teachers, as I detailed in a 2004 article for National Review Online. These policies were adopted to deal with well-organized terrorist attacks, rather than with perpetrators such as the lone Jew-hater who apparently carried out yesterday's crimes in Seattle. Lone terrorists, especially those who are mentally ill, might be less subject to rational deterrence than are organized terrorist gangs. On the other hand, lone terrorists, should they attempt to instigate an attack, would be all the more easily defeated by the guardian adults, since the perpetrator would be acting alone, and would usually not be as careful about planning as are organized terrorist gangs.

Like Eugene Volokh, I am skeptical about "hate crime" laws as a response to crimes such as the Seattle shooting. In a 2003 Issue Paper for the Independence Institute, I examined the record of Colorado's "ethnic intimidation" statute, and found the statute to have contributed almost nothing to effective criminal justice in Colorado. While calling for repeal of the ethnic intimidation statute, I argued that the penalty for hate crime hoaxes should be substantially increased, since hate crime hoaxes (like hate crimes themselves) cause broad fear in the community. PDF version. HTML version.

On another subject, my Rocky Mountain News media column notes how the Denver Post erred in describing Republican gubernatorial candidate Bob Beauprez's stance on gun control. And I chastise the Denver Newspaper Agency for running as bait-and-switch web ad promising "You have been chosen to receive a FREE 42-inch Samsung or Panasonic HDTV."

Finally, those of you who read Spanish might enjoy Política de Oficiales: Los recientes escándalos del departamento de policía son el resultado de la creciente intervención del estado federal y de las prácticas de empleo racistas. It's a Spanish translation of an article that Mike Krause and I wrote for American Outlook in 2001; examining the Rampart scandal in Los Angeles, and similar problems in other big city police departments, we suggest that the problems of corruption and illegal violence involving the police are aggravated by excessive federal involvement, race-based hiring, and the drug war.

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[David Kopel, July 26, 2006 at 3:32am] 1 Trackbacks / Possibly More Trackbacks

U.S. House votes to ban gun confiscation in disasters:

On Tuesday, the House of Representatives voted 322 to 99 to prohibit federal employees, as well as state and local police which receive federal funding (that is, most of them) from confiscating lawfully-owned firearms. "The Disaster Recovery Personal Protection Act" (H.R. 5013) was sponsored by Rep. Bobby Jindal (R-Louisiana), in response to the illegal gun confiscation perpertrated by two Louisiana parishes after Hurricane Katrina. (For the VC's discussion of the issue last fall, and for other documents related to the contoversy, start here and follow the links.)

A similar measure, sponsored by Louisiana Senator David Vitter (R), as a rider to the homeland security appropriations bill, H.R. 5441, passed the Senate 84-16 last week. Section 570 of that bill simply states "None of the funds appropriated by this Act shall be used for the seizure of a firearm based on the existence of a declaration or state of emergency."

The Jindal bill prohibits federal and state/local police from confiscating (at any time, not just after a natural disaster) firearms which are legally owned under state and federal law. The bill likewise forbids police from requiring the registration of firearms, or prohibiting the possession of firearms in particular places, to the extent that registration or possession bans are not authorized by federal or state law. Finally, the bill forbids federal officers from banning on the otherwise-lawful carrying of firearms by persons engaged in disaster relief under federal supervision. The bill creates a right to sue for persons aggrieved by the violation of the law, and provides for the award of attorney's fee to victorious plaintiffs.

The bill's findings state:

(1) The Second Amendment to the Constitution states, `A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed,' and Congress has repeatedly recognized this language as protecting an individual right.

(4) Many of these citizens [those affected by Katrina] lawfully kept firearms for the safety of themselves, their loved ones, their businesses, and their property, as guaranteed by the Second Amendment, and used their firearms, individually or in concert with their neighbors, for protection against crime.

(5) In the wake of Hurricane Katrina, certain agencies confiscated the firearms of these citizens, in contravention of the Second Amendment, depriving these citizens of the right to keep and bear arms and rendering them helpless against criminal activity.

(6) These confiscations were carried out at gunpoint, by nonconsensual entries into private homes, by traffic checkpoints, by stoppage of boats, and otherwise by force.

(8) The means by which the confiscations were carried out, which included intrusion into the home, temporary detention of persons, and seizures of property, constituted unreasonable searches and seizures and deprived these citizens of liberty and property without due process of law in violation of fundamental rights under the Constitution.

(9) Many citizens who took temporary refuge in emergency housing were prohibited from storing firearms on the premises, and were thus treated as second-class citizens who had forfeited their constitutional right to keep and bear arms.

(11) These confiscations and prohibitions, and the means by which they were carried out, deprived the citizens of Louisiana not only of their right to keep and bear arms, but also of their rights to personal security, personal liberty, and private property, all in violation of the Constitution and laws of the United States.

If the Jindal bill becomes law in its current form, then the bill would be the fifth time in which a Congressional law has formally recognized the Second Amendment as an individual right. These laws are the Freedmen's Bureau Act of 1866, the 1941 Property Requisition Act, the Firearms Owners' Protection Act of 1986, and the 2005 Protection of Lawful Commerce in Firearms Act (S. 397). See Stephen Halbrook's Tennessee Law Review article for discussion of the first three.

Interestingly, the Jindal bill refers to a plaintiff's "rights, privileges, or immunities", while S. 397 stated Congress's intent to protect the "rights, privileges, and immunities guaranteed to a citizen of the United States under the Fourteenth Amendment to the United States Constitution."

Under the Supreme Court's narrowest readings of the Privileges and Immunities clause of the 14th Amendment, nothing in the Bill of Rights is a Privilege and Immunity. Arguably, the Congressional bills could be said to be related to the few national rights which have been held to a P&I of national citizenship. For example, gun prohibition (enforced through outright confiscation, or through lawsuit-based destruction of the firearms business) might be said to impose an impermissible burden on the right of interstate travel. (The 1986 FOPA contains preemption language protecting interstate travelers with unloaded guns which are not "directly accessible from the passenger compartment." The preemption applies only if the traveler may lawfully possess the gun in both his place of origin and his destination. Section III.D.2 of David Hardy's huge article on FOPA supplies the details.)

On the other hand, the repeated Privileges & Immunities language might be considered a signal to the Court that its narrow P&I decisions were mistaken, and ought to be reconsidered, and that the Second Amendment is among the Privileges & Immunities guaranteed by the Fourteenth Amendment. Of course neither the Congressional hints about P&I, nor the repeated explicit statements about the Second Amendment are binding on the courts. On the other hand, the Court is often reluctant to diverge too far from public sentiment, and the huge, bipartisan majority in favor of the Jindal bill (especially if it becomes law) as well as the substantial bipartisan support for the Protection of Lawful Commerce in Firearms Act might well be regarded by Supreme Court Justices who believe in "a living Constitution" as proof that the Second Amendment is alive and well, and not obsolete or irrelevant, or confined only to the National Guard, as some law review authors have claimed.

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[David Kopel, July 24, 2006 at 8:34pm] 0 Trackbacks / Possibly More Trackbacks

African Genocide and Gun Bans:

That's the topic of my new article in America's 1st Freedom (one of the magazines for NRA members). Using information gathered by the International Crisis Group and Sudan Update, the article details the Khartoum government's confiscation of guns from the Darfuris, and arming of the Arab janjaweed. The article also reports on the four Darfuri girls from a refugee camp who have been arrested for murder because they stabbed a soldier who was trying to rape them. Finally, the article notes how successfully the United Nations is promoting Sudan-style gun control all over sub-Saharan Africa.

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[David Kopel, July 21, 2006 at 7:12pm] 12 Trackbacks / Possibly More Trackbacks

United Nations an Accomplice in Hezbollah Kidnapping:

After Hezbollah's kidnapping of a pair of Israeli soldiers spurred an Israeli counter-attack, many critics of Israel actions have suggested that the United Nations can serve as a buffer between Israel and Hezbollah. To the contrary, the United Nations has a well-established record of collaboration with Hezbollah in the kidnapping of Israeli soldiers.

The United Nations Interim Force in Lebanon (UNIFIL) has been deployed since 1978, not long after Israel first entered Lebanon in pursuit of PLO terrorists. UNIFIL was created pursuant to Security Council Resolution 425, for the purpose of "confirming the withdrawal of Israeli forces, restoring international peace and security and assisting the Government of Lebanon in ensuring the return of its effective authority in the area." Quite obviously UNFIL has utterly failed to achieve the Security Council's objectives, either before or after Israel's 2000 complete withdrawal from Lebanon. One reason is that UNIFIL does not interdict Hezbollah attacks on Israel. Instead, UNIFIL allows Hezbollah to set up positions next to UNFIL units, in effect using UNIFIL as human shields against Israeli counterstrikes. (Aluf Benn, Israel accuses UN of collaborating with Hezbollah," Haaretz, Sept. 11, 2005.)

UNIFIL's most notorious collaboration with terrorists involved the kidnapping and murder of three Israeli soldiers, and the subsequent cover-up.

On October 7, 2000, Hezbollah terrorists entered Israel, attacked three Israeli soldiers on Mount Dov, and abducted them Lebanon. The kidnapping was witnessed by several dozen UNIFIL soldiers who stood idle. One of the soldier witnesses described the kidnapping: the terrorists set of an explosive which stunned the Israeli soldiers. Clad in UN uniforms, the terrorists called out, "Come, come, we’ll help you."

The Israeli soldiers approached the men in UN uniforms. Then, a Hezbollah bomb detonated—-apparently prematurely. It wounded the disguised Hezbollah commander, and three Israeli soldiers.

Two other terrorists in U.N. uniforms dragged their Hezbollah commander and the three wounded soldiers into a getaway car.

According an Indian solider in UNIFIL who witnessed the kidnapping, "By this stage, there was a big commotion and dozens of UN soldiers from the Indian brigade came around." The witness stated that the brigade knew that the kidnappers in UN uniform were Hezbollah. One soldiers said that the brigade should arrest the Hezbollah, but the brigade did nothing.

According to the Indian soldier, the UNFIL brigade in the area "could have prevented the kidnapping."

"I’m very sorry about what happened, because we saw what happened," he said. Hezbollah "were wearing our uniforms and it was too bad we didn’t stop them."

It appears that at least four of the UNIFIL "peacekeepers," all from India, has received bribes from Hezbollah in order to assist the kidnapping by helping them get to the kidnapping spot and find the Israeli soldiers. Some of the bribery involved alcohol and Lebanese women.

The Indian brigade later had a bitter internal argument, as some members complained that the brigade had betrayed its peacekeeping mandate. An Indian government investigation sternly criticized the brigade's conduct.

There is evidence of far greater payments by Hezbollah to the UNIFIL Indian brigade, including hundreds of thousands of dollars for assistance in the kidnapping and cover-up.

The UN cover-up began almost immediately.

Lebanon's The Daily Star reported the story told by a former officer of the Observer Group Lebanon (OGL), which is part of the UN Truce Supervision Organization (UNTSO). ("UN 'destroyed' evidence after abduction of 3 Israeli troops," The Daily Star, July 20, 2001.)

A few hours after the kidnapping, UNTSO learned that two abandoned cars had been discovered. One was a white Nissan Pathfinder with fake UN insignia; it had hit an embankment because it was being driven so fast that the driver missed a turn. The other was a Range Rover; it was missing a tire rim, and was still running when it was discovered.

Rather than using the very-recently-abandoned vehicles as clues to rescue the kidnap victims, the UN initiated a cover-up. The next morning, eighteen hours after the kidnapping, a team of OGL and the Indian UNIFIL began removing the contents of the cars.

The Range Rover was soaked with blood. Among the contents of the vehicles may have been a cell phone belonging to the terrorists. The UNTSO officer confirmed that the cars contained "extremely sensitive" items which included "current and relevant information that could have been easily linked to the incident."

A UNIFIL peacekeeper videotaped the removal of the contents, and attempted to tow one of the cars. According to a much-later U.N. report, there were fifty items taken from the car, seven of them blood-stained. (Report of the fact-finding investigation relating to the abduction of three Israeli soldiers on 7 October 2000 and subsequent relevant events, Aug. 2, 2001.)

The end of the UNIFIL videotape featured armed Lebanese men confronting the UN forces, and taking the cars away from the UN. The UN personnel did not resist, because, they later claimed, the cars did not belong to the UN anyway.

The UNTSO officer told The Daily Star that the UN ordered its personnel to destroy all photographs and written reports about the incident.

The U.N. did not provide the Israelis with the automobile contents, or the videotape, both of which might have helped the Israelis rescue the kidnap victims. Instead, the seized contents of the cars were taken to a town in Lebanon, stored in a safe, and some were eventually returned to Hezbollah.

Israel found out about the videotape, and demanded that the UN let Israeli investigators see it. Kofi Annan and his Special Envoy denied that any videotape existed. It is not clear whether Annan was lying, or whether he was misled.

Nine months after the kidnapping, July 6, 2001, the UN admitted that is had the videotape. Annan ordered an internal UN Report, which was led by UN undersecretary-General Joseph Connor. (Connor was later implicated in the Oil-for-Food scam.) The report revealed that the UN had two additional videotapes—one of which contained still photographs from the kidnapping itself. The UN investigation declared that there was no evidence that the UNIFIL forces had been bribed, or that the UN had deliberately misled anyone.

Even after admitting the existence of the first videotape, Annan refused to allow Israel to view it. He claimed that letting Israel see evidence about the kidnapping would undermine the UN’s neutrality. Thus, Annan insisted on neutrality between innocent victims and terrorists who had used fake UN insignia and who had taken vehicles from UN staff a gunpoint.

The United States House of Representatives, on July 30, 2001, passed by a vote of 411-4 a resolution urging the UN to allow Israel to see the videotape. Annan relented, but only under the condition that the tape be edited so as to hide the faces of the Hezbollah perpetrators. He also agreed to give the Israelis some, but not all, of the items which the UN had seized from the getaway cars.

On January 29, 2004, the bodies of the murdered Israelis were returned to Israel by Hezbollah, as part of a prisoner exchange.

UPDATE: In response to one of the commenters, I've added the following analysis on two questions: 1. By what standard can the UN be considered an "accomplice" in the Hezbollah kidnapping? 2. Is anti-semitism the best explanation of UN behavior?

1. Regarding UN complicity in kidnapping, one can analogize from the rules that are used to decide whether a corporation is criminally culpable for the acts of its employees, or whether a government agency is liable under section 1983 for the acts of its employees. At the lowest level--the four bribed Indians--the trier of facts looks at the entity's efforts to prevent or punish the employee conduct in question, and whether the entity creates a culture in which the conduct is encouraged or tacitly tolerated.

For misconduct by higher-ranking employees, prosecutors and fact-finders tend to be more likely to conclude that misconduct is attributable to the entity. If you believe the UNTSO official who spoke to The Daily Star (not exactly a reflexively pro-Israel newspaper), or if you believe that reports of a vast bribery scheme are true, then you might well find culpability on the part of the UN.

But I think that my calling the UN an "accomplice" is supportable purely on the undisputed public facts about the UN's concealment and suppression of evidence — with some of the suppression being conducted at the direct order of the UN's chief executive. I believe the undisputed facts are sufficient to show, at the least, that the UN was an accessory-after-the-fact to the kidnappings.

Moreover, the activities of the UN's top staff in New York City, and of high-ranking UN officials in Lebanon, are also relevant evidence for whether there is UN corporate culture of tolerance for terrorism/kidnapping, which is relevant evidence for whether the misconduct of the Indian brigade can be attributed to the UN.

As some commenters have pointed out, there is a very long record of the UN being extremely lax towards crimes committed by its peacekeepers in many other places--for example, the rapes of women and girls in former Yugoslavia, Cambodia, West Africa, and the Congo. The global record suggests, again, a corporate culture of indifference (despite official statements to the contrary) towards employee on-the-job involvement in violent crime; the evidence of a global culture of indifference is more evidence which a fact-finder could use in concluding that crimes of the Indian brigade were attributable to the UN.

2. Anti-semitism. I don't think that anti-semitism is the root of the UN's problem with Israel. It's true, as some commentators have pointed out, that the UN is functionally anti-semitic; that is, the UN constantly condemns Israel far more often and more vehemently than it condemns other countries which (even if you believe the worst about Israel) violate human rights much more severely than Israel does. The Eye on the UN website provides copious documentation of the UN's functional anti-semitism.

Nevertheless, I think the UN's pervasive anti-Israelism, although anti-Semitic in practice, is not primarily motivated by hatred of Jews.

Hitler was genuinely committed to anti-Semitism. He harmed his own military interests by giving rail line priority to trains which were headed for the death camps, putting those trains ahead of military transport trains. Similarly, Hitler would have produced resources with which to fight the war if he had used Jews as slave labor (as many were used before extermination), rather than killing them en masse. Who else would harm their own self-interest in order to kill Jews. The answers include "the government of Iran, Hezbollah, Hamas, and the PLO." But only one of these has a UN delegation, and the UN had turned vehemently against Israel long before Iran's government was taken over by Islamonazis.

Way back in the 1950s, the Arab bloc at the UN had succeeded in perverting UNRWA so that UNRWA would perpetuate rather than solve the Palestinian refugee problem. The Arab dictators of the day may have personally despised Jews, but I