All posts filed under: Long Read

Denial and Defamation: The ITN-LM Libel Trial Revisited (II)

PART TWO: THE TRIAL VI. The Standards of Western Journalism The trial eventually began at the High Courts of Justice in London on 28 February 2000. The defendants—recorded as Michael Hume, InformInc (LM) Ltd., and Helene Guldberg—arrived at court on the heels of a disappointing pre-trial hearing. The presiding judge, Mr. Justice Morland, had ruled the testimony of a number of key defence witnesses, including the BBC’s John Simpson, inadmissible. He was not interested in rehearsing the debates about the journalism of attachment or press freedom that had convulsed the chatterati for three years. The claimants—recorded as Independent Television News Ltd., Penny Marshall, and Ian Williams—held that Deichmann’s article, Hume’s accompanying editorial, and the first LM press release were all false and defamatory. Under Britain’s controversial libel law, the defendants were required to show that their contested claims about ITN’s reporting were true. Morland simply wanted to establish if that was the case. The defence’s priority was to establish the location of the barbed wire fence at Trnopolje. This their lawyer Gavin Millar successfully accomplished …

Denial and Defamation: The ITN-LM Libel Trial Revisited (I)

PART ONE: THE CAMPS Intro: From Phnom Pehn to Srebrenica In 1977, Noam Chomsky and his co-author, the late Edward S. Herman, wrote an essay for the Nation entitled “Distortions at Fourth Hand,” in which they scorned reports that the Khmer Rouge were turning Cambodia into a charnel house. Stories of genocide, they suggested, were either exaggerated or fabricated outright by refugees, and any deaths—regrettable though they may be—were most likely the result of disease, starvation, and confusion caused by America’s devastating involvement in the foregoing civil war. The two books that bore the brunt of Herman and Chomsky’s disdain were John Barron and Anthony Paul’s Murder of a Gentle Land and François Ponchaud’s Cambodia Year Zero. Contemporaneous accounts from and about war zones are rarely correct in every particular. But Chomsky and Herman ignored everything Ponchaud and Barron-Paul got right, and seized upon isolated errors and inconsistencies to discredit their work in its entirety. Gareth Porter and George C. Hildebrand’s book Cambodia: Starvation and Revolution, on the other hand, they praised as “a carefully …

Europe’s Virtues Will Be Its Undoing

Terrible is the temptation to be good. ~Bertolt Brecht We often forget that contemporary Europe was not born, as the United States was, in the euphoria of new beginnings, but in a sinking sense of its own abjection. The crimes of the Nazis affected the entire Old World, like a cancer that had long been growing inside it. Thus, the European victors over the Third Reich were contaminated by the enemy they had helped defeat, in contrast to the Americans and Soviets, who emerged from the conflict crowned in glory. Ever since, all of Europe—the East as well as the West—has carried the burden of Nazi guilt, as others would have us bear the guilt of North American slavery and Jim Crow. It has left us sullied to the very depths of our culture. Isn’t this what the Martinique poet Aimé Césaire contends when he de-Germanizes Hitler and makes him the very metaphor of the white man in general? In 1955, in his Discours sur le Colonialisme, Césaire points to: [The] very distinguished, very humanist, …

The Drayton Icon and Intellectual Vice

Some attacks are best absorbed, not fended off. Some accusations are best let past, not answered. Life is far too short to slap down every slight, and those of a determined ill will won’t be moved anyway. Besides, too thin a skin betrays a touchy insecurity that suggests the critic’s barbs have found their target. For those reasons, I have hesitated to respond to Richard Drayton’s essay, “Biggar vs Little Britain: God, War, Union, Brexit and Empire in Twenty-First Century Conservative Ideology,” which was published last month in a collection entitled, Embers of Empire in Brexit Britain.1 His assault is at once morally vicious and rationally weak. Moreover, it displays such an incontinent hostility that it’s doubtful anything I say would make an impression on him or his allies. Nevertheless, Drayton’s diatribe does reveal something important—not much about me, something about him, but mostly about the vices that fester in certain reaches of our universities, which serve to undermine rational dialogue and public norms of liberal civility. For that reason, I take up the cudgels …

Canada’s Treatment of Indigenous Peoples Was Cruel. But Calling It an Ongoing ‘Genocide’ Is Wrong

Two months after Hitler invaded the Soviet Union, British Prime Minister Winston Churchill addressed the public: “As his armies advance, whole districts are being exterminated. Scores of thousands, literally scores of thousands of executions in cold blood are being perpetrated by the German police troops…We are in the presence of a crime without a name.” By the end of World War II, we had at least two names for it, Crimes Against Humanity and Genocide. Now, almost 80 years later, a debate over the semantics of genocide has erupted in Canada, following a report from a National Inquiry investigating the problem of missing and murdered Indigenous women and girls (MMIWG). The report claims not only that Indigenous communities were historically victimized by racist and murderous colonial policies, but also that a “genocide” is still going on in Canada to this very day. While many well-meaning activists are pressuring the Canadian government to act on the findings of the Inquiry, others have questioned the use of this term. The fact that the overall Canadian homicide rate …

A MeToo Mob Tried to Destroy My Life as a Poet. This Is How I Survived

I’ll begin by confessing: I fucked up. I fucked up as a friend, an acquaintance, a stranger, a neighbor, and as a partner. I said cruel things; I said provocative things; I said obscene things; I said manipulative things; I said psychotic things—to men and to women. My language crossed boundaries countless times, usually online. And my behavior, on a few occasions, crossed physical boundaries. In 2009, I inappropriately touched a woman at a bar after a poetry reading. In 2005, I got into a fist fight with a man—again, after a poetry reading. As someone who attended the reading said, in a comment posted on the website of the press that published the book I read from that night: “I remember the tension, angst, rage, and insecurity—all funneled through the 40oz’er he was drinking while performing—and that my main impression of the work was a deep, devastating suffering…one that aroused concern.” I was 26 years old. Throughout my 20s and early 30s, I rarely appeared in public unless alcohol was promised. I drank to …

The Fog of Youth: The Cornell Student Takeover, 50 Years On

On April 20, 1969, an era of student rebellions that had rocked American campuses at Berkeley, Columbia, San Francisco State, and Harvard reached a culmination of sorts with the triumphant exit of armed black students from Cornell’s Willard Straight student union building after a two-day occupation. The students had just won sweeping concessions from the university’s administration, including a pledge to urge faculty governing bodies to nullify reprimands of several members of the Afro-American Society (AAS) for previous campus disruptions on behalf of starting up a black studies program, judicial actions that had prompted the takeover. White student supporters cheered the outcome. And when the faculty, at an emergency meeting attended by 1,200 professors, initially balked at the administration’s request to overturn the reprimands, the radical Students for a Democratic Society (SDS) led a body that grew to six thousand students in a three-day possession of the university’s Barton gymnasium. Amid threats of violence by and against the student activists, the faculty, in a series of tumultuous meetings, voted to reverse themselves, allowing the crisis …

Sedentary Revolutionaries: Two Academics Who Joined the Nazi Party

Carl Schmitt (1888–1985) and Martin Heidegger (1889–1976), two of the most prominent German thinkers of the twentieth century, became members of the Nazi Party in 1933, and briefly held positions of some prominence after Adolf Hitler became Chancellor of Germany. Heidegger spent just over a year as Rector of the University of Freiburg (1933–1934); Schmitt spent the years 1933 to 1936 as the “Crown Jurist of the Third Reich” whilst teaching law in Berlin. After the end of the Second World War, neither man publicly explained or apologised for his earlier political activities. In spite of his close association with Nazism, Heidegger’s reputation as one of the twentieth century’s preeminent thinkers has never faded: he ranks with Ludwig Wittgenstein (1889–1951) as one of the most influential philosophers since Nietzsche, and he has enjoyed particularly widespread admiration in France; prominent thinkers including Jean-Paul Sartre (1905–1980), Maurice Merleau-Ponty (1908–1961), and Jacques Derrida (1930–2004) have all learnt from (and struggled with) Heidegger’s notoriously difficult oeuvre. Schmitt’s work, on the other hand, fell into relative eclipse after the war. …

A Victory for Female Athletes Everywhere

The Court of Arbitration for Sport (CAS) this week upheld the International Association of Athletics Federations (IAAF) regulations governing eligibility for the women’s category in international elite athletics competition. In effect, CAS decided the question “who is a woman” for purposes of elite sport. And it ratified the IAAF’s preferred answer: A woman in sport is anyone whose legal identity is female—whether they personally identify as such or not—and who has testosterone (T) levels in the female range. That may seem like a mere technical ruling. But as I’ll explain in this article, the ramifications are profound for female athletics everywhere—a cause that has been central to my life and to the lives of millions of girls and women worldwide. The female range for testosterone is categorically different from the male range. In general, males have 10 to 30 times more T than females. Most females, including most elite female athletes, have T levels in the range of 0.5 to 1.5 nanomoles per liter (nmol/L). For men, typical values are 10 to 35 nmol/L. The …

Lessons in Forgiveness, from a Bicycle Thief

In the summer of 1993, at the age of 21, I ran through the streets of downtown Victoria, British Columbia, half-naked, wearing only a pair of boxer shorts and wielding a blunt chunk of metal, which I intended to use to bludgeon the thief who had stolen my bicycle. It had been days since I discovered my bicycle missing from my apartment. When I called the shop where I’d bought it, the manager told me that he had only sold two of this model, and as misfortune would have it, the other one had been stolen just the week before. A few days later, my phone rang and it was the manager of the bike shop, who told me that the other owner had spotted my bicycle outside of a downtown pub. The pub happened to be a mere three blocks from my apartment, so I didn’t even bother getting dressed. On the way out the door, I grabbed my roommate’s hefty u-lock, the weapon I intended to use to give my bicycle thief a …