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Latest Developments, October 2

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Secret meetings
The Washington Post reports that the White House has held a series of meetings to “consider for the first time whether to prepare for unilateral strikes” in North Africa as a result of a perceived increase in the threat of terrorism:

“ ‘Right now, we’re not in position to do much about it,’ said a senior U.S. counterterrorism official involved in the talks. As a result, he said, officials have begun to consider contingencies, including the question of ‘do we or don’t we’ deploy drones.
…
In addition, the U.S. military has launched a series of clandestine intelligence missions, including the use of civilian aircraft to conduct surveillance flights and monitor communications over the Sahara Desert and the arid region to the south, known as the Sahel.”

American justice
Reuters reports that US Supreme Court judges “seemed skeptical” as they listened to arguments for allowing American courts to hear cases relating to human rights abuses committed overseas by foreign corporations:

“But in oral arguments in one of the court’s biggest human rights cases in years, some justices suggested they might not close U.S. courts to similar claims against individuals, including those who take refuge in the United States, or to claims involving U.S. companies.
…
More than 150 lawsuits accusing U.S. and foreign corporations of wrongdoing in more than 60 foreign countries have been filed in U.S. courts in the last two decades, according to the U.S. Chamber of Commerce.”

Running interference
The Globe and Mail reports that a Canadian cabinet minister is being accused of “threatening the integrity and independence of the penal and parole systems” in the wake of comments made following the repatriation of Omar Khadr who spent a decade in detention at Guantanamo Bay after his capture at the age of 15:

“[Public Safety Minister Vic] Toews’ remarks are controversial because while he was the government minister tasked with overseeing Mr. Khadr’s repatriation, he is also the minister who presides over the Correctional Service of Canada.
Mr. Toews also appoints and renews the adjudicators for the National Parole Board – the same patronage appointees who are charged with determining any given individual prisoner’s liberties.
Now these same officials who must now try to figure out whether to allow Mr. Khadr out of prison and onto parole in coming months, or whether to lock him up until his sentence expires in 2018.
Lawyers for Mr. Khadr wonder whether Mr. Toews’ remarks too clearly telegraph to his officials what he would like to have happen.”

Death tolls
The Associated Press reports that US military deaths in Afghanistan have reached 2,000, a number that is dwarfed by the number of dead Afghan civilians:

“Tracking deaths of Afghan civilians is much more difficult. According to the UN, 13,431 civilians were killed in the Afghan conflict between 2007, when the UN began keeping statistics, and the end of August. Going back to the U.S.-led invasion in 2001, most estimates put the number of Afghan civilian deaths in the war at more than 20,000.”

Unequal trade talks
Inter Press Service reports that a former Jamaican prime minister, P.J. Patterson, has concerns about ongoing talks for an “Economic Partnership Agreement” between Caribbean states and the European Union:

“ ‘The concept of proportionality has been thrown out of the window. Indeed, some are more equal than others. Inequality is evident – no visas are required for entry in most of our countries – while we need a Schengen Visa or UK Permit to step foot on European soil.’
Patterson said the Caribbean Community (CARICOM) will need to address without further delay ‘such issues as investment, competition policy and government procurement to avert the danger of undertaking obligations or conferring rights on others that do not yet exist within the Community but already fall within the framework of the EPA’.”

Big deal
The New York Times reports that the board of Anglo-Swiss miner Xstrata has approved a takeover bid that would “create a behemoth in the world of mining and minerals”:

“First announced in February, the proposed transaction would unite Glencore, a giant commodities trading house, with Xstrata, its longtime mining partner. Together, the two would create an international mining company with both significant physical assets and an enormous trading operation that has invaluable insights into global demand for minerals.
The talks have drawn in many of London’s top deal makers, generating big fees for the bankers involved if the transaction is approved.”

Gray wave
The Guardian reports that legally enforceable rights specific to people over the age of 60, who will outnumber those under 15 by 2050, remain a rarity in today’s world:

“[The International Association of Gerontology and Geriatrics’ Laura] Machado said there is a split between rich and poor countries on the need for a legally binding international instrument on ageing along the lines of the UN convention on discrimination against women.
‘It is clear there are two groups with very different positions,’ she said. ‘The EU especially does not consider such a convention on older persons necessary, whereas the Latin American bloc wants a legally binding instrument that will pave the way for laws at the state level.’ ”

Jobs, jobs, jobs
Inter Press Service reports that the latest edition of the World Bank’s annual World Development Report marks something of a shift from the institution’s traditional fixation on economic growth:

“ ‘The conventional wisdom is to focus on growth as a precondition for continued increases in living standards and strengthened social cohesion. But … the impact of growth on poverty reduction varies considerably across countries,’ the report notes.
‘If growth indicators captured the intangible social benefits from jobs, from lower poverty to greater social cohesion, a growth strategy and a jobs strategy would be equivalent. But a growth strategy may not pay enough attention to female employment, or to employment in secondary cities, or to idleness among youth. When potentially important spillovers from jobs are not realized, a jobs strategy may provide more useful insights.’ ”

Latest Developments, September 27

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Africa’s lily pads
UPI reports that the US is expanding its “secret wars” in Africa as global interest in the continent’s resources grows:

“ ‘Washington is in the process of a massive expansion of what are referred to internally as “lily pads” that allow it a global strike capability,’ Oxford Analytica noted.
These include facilities in Kenya, Uganda, the Central African Republic, Ethiopia, Djibouti, Mauritania, Burkina Faso and the Seychelles islands in the Indian Ocean off East Africa. Western military sources say the Americans are seeking to establish a base in newly independent South Sudan as well.”

Harmful financial flows
Boston University’s Kevin Gallagher writes about efforts to get the World Trade Organization to ensure international trade rules do not impede efforts to reform the global financial system:

“In 2011, Ecuador joined with India, Argentina and South Africa to request that the WTO study the inter-relationships between trade rules and regulatory reform. The US however, blocked the request. The US, South Korea, Norway and Canada, all said that the WTO, and particularly the General Agreement on Trade in Services (GATS), had a ‘prudential carve-out’ that provided WTO Members with the flexibility to regulate their financial systems. Thus, they were implying, there was no need to have such a discussion.
Ecuador and other emerging market and developing countries want to see that in writing.  They worry that their regulations could eventually result in a WTO challenge or cause nations not to put in place needed reforms for fear of being challenged. ”

AGOA’s failure
University of Oxford researcher Pierre-Louis Vézina writes that the African Growth and Opportunity Act, a US law meant to promote the continent’s textile exports, may not have been such a “trade-policy success” after all:

“The quotas imposed on Chinese exports during the Multifibre Agreement guaranteed smaller developing countries access to the US market. This implicit export subsidy for African countries, coupled with AGOA preferences, was thus a golden opportunity for African apparel exporters.
Yet, a key feature of the AGOA preferences was the absence of rules of origin, which are usually imposed under trade agreements to avoid transhipment. This meant that African exporters could use inputs from any country, in any proportion, as long as some assembly work took place in Africa. It thus provided an opportunity for Chinese exporters to merely tranship their products via ‘screwdriver plants’ in Africa, avoiding US quotas and on top benefitting from AGOA preferences. The end of the quotas on Chinese exports rendered the transhipment unnecessary and thus led to the departure of footloose factories and the fall of AGOA exports.”

Bhopal’s water
The Business Standard reports on findings that Bhopal’s groundwater remains contaminated nearly three decades after a leak at a Union Carbide factory caused “the world’s largest industrial disaster”:

“Indian Institute of Toxicology Research (IITR), which examined the ground water, submitted a report to the [Supreme Court] saying the levels of lead, nitrate and nickel are more than permissible levels in many samples of water taken by it.
‘In nine of the 30 samples, nitrate levels exceeded its permissible Bureau of Indian Standard (BIS) limits for drinking water. Lead level in 24 samples were found to exceed its BIS permissible limit,’ said the report, submitted to a bench headed by Justice Altamas Kabir.”

Carte blanche
The Bureau of Investigative Journalism reports that Somalia’s new government has “little or no authority over the numerous foreign forces” operating in the country:

“ ‘Whoever comes trying to help them defeat al Shabaab, they are more than welcome… [but] they are given a licence to completely ignore any local or international law,’ [Omar Jamal, a diplomat with the Somali mission to the UN] added.
It’s not even clear which foreign forces are currently serving in Somalia, the terms of their involvement, and what they are doing.
…
The striking thing that emerges is the extent of the US’s involvement in Somalia, both direct and indirect.”

Oil impacts
In a Q&A with Rue89Lyon, Guatemalan community activist Hilda Ventura decries the actions of Franco-British oil company Perenco in her area:

“There was never any environmental impact assessment. Over the last while, children have been falling ill: they have skin ailments. We’ve seen an increase in miscarriages and respiratory problems. Ponds and wells have dried up near the oil drilling. In one community, they wanted to dig wells for water but it was contaminated. We live off corn and bean cultivation but we’ve noticed the harvests have shrunk. And we think it’s due to the pollution from the oil extraction.
…
Since 2009, there have been four expulsions. In total, 2,000 people were affected. From one day to the next, they tell us to leave. Only the big landowners have property titles. They kick us off our land: that’s taking our lives because we live off the land. Most of us have experienced three or four forced displacements. We’re being squeezed. To the north is a tourism megaproject, to the south is the monoculture for biofuels and to the west is the extension of the oilfield.” [Translated from the French.]

UK drones
A new report by Drone Wars UK indicates that the British government has so far spent £2 billion ($3.2bn) on drones and is “likely” to spend that much again, beginning in 2013:

“ ‘Rather than spending further billions on more drones what’s needed is investment in tackling the underlying causes of insecurity. That means devoting resources to measures designed to seriously tackle inequality and injustice in the world  – such as the Millennium Development Goals. Today, in the midst of a global economic and environmental crisis, we need to jettison ever-increasing military spending and technological security fixes in favour of a sustainable security strategy that puts people – and especially the poor – at its centre,’ [according to Chris Cole, the report’s author].”

Kiobel II
The Center for Justice and Accountability’s Pamela Merchant lays out what is at stake next week when the US Supreme Court hears a second round of arguments pitting Nigerian plaintiffs against oil giant Shell:

“If the Supreme Court accepts Shell’s arguments, federal law will no longer recognize a civil remedy for foreign abuses like genocide, crimes against humanity, war crimes, or slavery. Already, the Supreme Court’s April 2012 ruling in Mohamad v. Palestinian Authority shielded corporations, governments, and other legal entities from liability under the Torture Victim Protection Act.
For many survivors, the [Alien Tort Statute] offers the only avenue to seek redress and hear a court of law condemn a crime under its true name: genocide or crimes against humanity.”

Latest Developments, September 26

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Alternatives to development
Inter Press Service reports on last week’s third international degrowth conference in Venice:

“Renouncing economic growth in the North, say the proponents, would not only allow humanity to stay within the ecological limits of the planet but also contribute to restoring global social justice.
…
‘But what degrowth proponents (who reject economic growth) must be aware of,’ [Colombian anthropologist Arturo] Escobar told IPS, ‘is that development is much more than growth. So it might be that the global South needs some growth, in areas such as health, education, employment, decent standards of living, if this is subordinated to the principle of buen vivir and not under the currently predominant vision of development.
‘At the same time, the growth vision cannot be rejected for the North and considered acceptable for the South; the South does not need development, it does not even need sustainable development, it needs alternatives to development.’ ”

Double-tap strikes
The Independent reports on new research that suggests CIA drone tactics in Pakistan are relying increasingly on repeated, staggered attacks that are “killing an even greater number of civilians”:

“As the drone circled it let off the first of its Hellfire missiles, slamming into a small house and reducing it to rubble. When residents rushed to the scene of the attack to see if they could help they were struck again.
According to reports at the time, three local rescuers were killed by a second missile whilst a further strike killed another three people five minutes later. In all, somewhere between 17 and 24 people are thought to have been killed in the attack.”

Production chain problems
Reuters reports that controversial Apple supplier Foxconn had to close one of its Chinese plants for 24 hours following an outbreak of violence that highlighted “regimented dormitory life and thuggish security as major sources of labour tension”:

“[The violence] marked a blow to Apple’s top supplier as it ramps up production to meet orders for the iPhone 5 and seeks to rehabilitate its image after a labour audit this year found flaws.
…
Some labour groups say ultimate responsibility for strains rests with Apple, which they say puts profit above workers’ welfare despite pledges to cut overtime hours and improve workers’ livelihoods.
‘The whole Apple production chain has problems,’ said Li Qiang, with the New York-based China Labor Watch, that has scrutinized Apple and Foxconn for years.
‘Its sales and marketing strategy involves launching a product suddenly, without maintaining much inventory … so the subsequent product shortages help build demand, but also place extreme pressures on workers.’ ”

Global warming case
The Connecticut Law Tribune reports that a US court has ruled against residents of an Alaskan village seeking damages from major oil companies for allegedly changing the environment through pollution:

“The village, with a population of 400, is composed of 97 percent Inupiat Native Alaskans. The plaintiffs alleged that greenhouse gas emissions caused by the companies’ products had eroded sea ice that hugs the village’s coastline and protects it from powerful winter storms. The plaintiffs claimed that the entire village needed to move, at a cost of up to $400 million, to survive.
…
Other defendants in the case [besides ExxonMobil, BP America and Chevron] included ConocoPhillips, Royal Dutch Shell, the AES Corp., Duke Energy Corp., and Edison International”

Self-investigating
Wayne State University’s Peter Henning writes that in the US, “much of the effort to police corporate misconduct seems to have been shifted to lawyers retained by the companies under investigation”:

“Companies would prefer not to conduct an investigation at all. But having a law firm they hired overseeing the inquiry means they can maintain control over information, and minimize any surprises.
…
When lawyers report their conclusions, are they free from bias about the company that is also paying their bills?”

Gorillas over profits
Reuters reports that the UK government has expressed its opposition to a British company exploring for oil in the Democratic Republic of Congo’s Virunga National Park:

“ ‘We have informed Soco and urge the government of DR Congo to fully respect the international conventions to which it is signatory,’ a foreign office spokesperson said in a statement seen by Reuters.
‘Foreign investments in sectors such as hydrocarbons … can play a vital role in boosting development of the DRC … Such investment needs to be done responsibly and sustainably, in compliance with local law and conforming to international standards,’ the statement said.”

Disarmament disarmed
Former Australian foreign minister Gareth Evans describes the latest news regarding the global nuclear disarmament process as “bleak”:

“There are those who will say that it is naïve to want a world free of nuclear weapons, much less to think that it can be achieved. But it is not naïve to be concerned about the most indiscriminately inhumane weapons of destruction ever invented – 23,000 of which still exist – with a combined destructive capability of 150,000 Hiroshima bombs. And it is not naïve to believe that non-proliferation and disarmament are inextricably connected: that so long as any state retains nuclear weapons, others will want them.
The genuinely naïve – or ignorant – position is to believe that statesmanship and foolproof controls, rather than sheer dumb luck, have enabled the world to go almost seven decades without a nuclear-weapons catastrophe. It is not naïve to believe that nuclear deterrence is both fragile operationally, and of thoroughly dubious utility in sustaining the peace. Nor is it naïve to believe that even if nuclear weapons cannot be un-invented, they can ultimately be outlawed.”

Measuring poverty
The UN News Centre reports that the President of the Dominican Republic, Danilo Medina Sanchez, has criticized the continued use of  “ ‘one-dimensional measurements’ centred on monetary income” for assessing a country’s development:

“He noted that the ‘optimism’ of international poverty measures does not seem to agree with the perception of many people around the world, who feel that the growth in gross domestic product has done nothing to lessen their sense of despair, nor, in particular, discontent among youth, who are not finding decent jobs.”

Latest Developments, September 25

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Subsidized bribery
The Age reports that Australian government officials appear to have been “deeply involved” in a $150 million shipbuilding deal allegedly secured through bribing of Filipino officials:

“In what shapes as a second big international corruption scandal for Australia following the Reserve Bank bribery affair, cables show Australian officials knew in 2005 that an order by the Philippines for search and rescue vessels from Tenix was made without the required budgetary approvals in Manila.
This knowledge should have prompted immediate probity concerns within the Department of Foreign Affairs and Trade, which had since the late 1990s been issuing written warnings about corruption in the Philippines specifically involving government contracts.
The Tenix deals in the Philippines, which are at the centre of a police bribery probe, are sensitive for the Australian government because they were underpinned by huge Australian taxpayer grants and loans.”

Justice delayed
A new joint report by Amnesty International and Greenpeace calls for a UK criminal investigation into Trafigura’s role in the 2006 dumping of toxic waste in Côte d’Ivoire’s biggest city, “resulting in over 100,000 people seeking medical assistance”:

“ ‘This is a story of corporate crime, human rights abuse and governments’ failure to protect people and the environment. It is a story that exposes how systems for enforcing international law have failed to keep up with companies that operate transnationally, and how one company has been able to take full advantage of legal uncertainties and jurisdictional loopholes, with devastating consequences,’ said Greenpeace International Executive Director Kumi Naidoo.”

Park oil
The Associated Press reports that the government of the Democratic Republic of Congo has granted permission to British company SOCO to explore for oil in North Kivu’s Virunga National Park:

“Minister of Hydrocarbons Crispin Atama Tabe told The Associated Press that national economic interests take precedence over environmental considerations in Virunga, which is a UNESCO World Heritage site.
…
The Minister of Environment and Tourism Bavo Nsamputu refused to comment on the news.
The permission to explore for oil in Virunga is in contrast to the environment minister’s decision in March 2011 to suspend oil exploration in Block 5 of the Albertine Graben area of Virunga park that is home to more than 200 gorillas.”

Scramble redux
In a PanAfrican Visions Q&A, former Pambazuka editor-in-chief Firoze Manji is pessimistic about the continent’s ability to cope with a second “Scramble for Africa”:

“But it would be a serious mistake to view the entry of the ‘emerging powers’ with those of the US, Europe and Japan. The latter are the dominant exploiters of African labour, extractors of natural resources, and decimation of the environment. China, for example, is certainly becoming as big as the US in terms of trade. But in terms of natural resource extraction and in terms of extraction of wealth through debt financing, they remain a very small player in comparison to the US, Europe and Japan. Remember, the domination of the multinational corporations, banks and international finance institutions is guaranteed not by the ‘emerging powers’ but principally by the US. There is a growing US military presence in Africa in the form of US AFRICOM. We have seen military intervention in Africa from the US and its NATO allies in Somalia, Côte d’Ivoire, Libya. There has been no equivalent military intervention and occupation by the emerging powers.”

Legalize it
Espolea’s Lisa Sánchez and the Transform Drug Policy Foundation’s Steve Rolles write that after decades of devastation caused by the American-led war on drugs, “the era of blanket global prohibitions on drugs is finally coming to an end”:

“It is vitally important to learn from the mistakes made with alcohol and tobacco regulation. That means avoiding over-commercialisation and, while allowing legal availability to adult consumers, putting in place a regulatory framework to minimise health and social harms, rather than maximise profits. What this means in practice has been explored in some detail in Transform’s Blueprint for Regulation which outlines potential controls over products (potency, price, information on packaging etc), vendors (licensing, vetting, training requirements), venues for sale and consumption (location, appearance, opening hours), and availability (age access controls, membership clubs). A responsible government is a far better entity to develop such a model than the free market.”

Drone terror
Reprieve’s Clive Stafford Smith compares CIA drones in Pakistan to German doodlebugs in WWII London in terms of the fear and trauma caused to civilians:

“I hope that this report reminds us all what the US – with British support – is doing to the people of Pakistan. Maybe then there will be less surprise at the hatred the drone war is engendering in the Islamic world – and a chance that we will reconsider what we are doing.”

Poverty barons
The World Development Movement’s Deborah Doane writes that problems with the UK government’s approach to reducing global poverty have more to do with ideology than excessive largesse toward British consultants:

“In one stark example, UK aid money is currently paying for consultants to advise the Bangladeshi government on the establishment of new special economic zones aimed at attracting private-sector investment. Existing zones give multinational companies tax holidays and subsidised land while placing severe restrictions on trade union activity to an extent where the average wage inside these Bangladeshi ‘export processing zones’ is around £30 a month. Here, the scandal goes well beyond the approximately £14m that we are paying the consultants. The heart of the issue is the fact that we are using aid to support a project that will do everything to benefit multinationals like Adidas, which made 671 million Euros in profit last year, and next to nothing for the supposed beneficiaries.”

Communication breakdown
Marginal Revolution reproduces a statement by New York University’s Paul Romer on why he and his “Transparency Commission,” appointed by presidential decree last year, are no longer associated with a proposed charter city or Region Especial de Desarrollo in Honduras:

“From recent newspaper reports, I learned that the Honduran agency responsible for public-private partnerships had signed an agreement about a RED with a private company. When I asked for information, I was told that I could not see this agreement.
….
The administration’s current position is that because the decree was never published, the Transparency Commission does not exist in the eyes of the law and the five named members have no legal basis for reviewing any agreements.”

Latest Developments, September 19

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Strike over
Reuters reports that workers at Lonmin’s Marikana mine in South Africa have accepted a 22-percent pay increase to end six weeks of deadly labour unrest:

“The Marikana police shootings were the deadliest security incident since the end of white minority rule in 1994 and, for many South Africans, painfully recalled security force massacres of black demonstrators under apartheid.
In all, 45 people died in the Marikana unrest, which spread beyond Lonmin to other platinum firms around Rustenburg and some gold mines.”

Towards transparency
The Wall Street Journal reports that a “key panel of the European parliament” has voted in favour of proposed rules that would require oil, gas and mining companies to declare what they pay to foreign governments:

“Under the proposal approved Tuesday, companies would have to disclose all payments of more than 80,000 euros ($105,000) on a country-by-country basis, and would have to specify how much money was allocated to each project.
…
The rules approved by the committee would delete a provision in the European Commission legislation that exempted companies from making disclosures barred by the host country.”

Asbestos rebirth
The Montreal Gazette reports that a Canadian asbestos mine is expected to reopen despite the federal government’s decision to stop opposing the controversial mineral’s inclusion on a UN list of hazardous substances:

“Adding asbestos to the hazardous-substances list under the United Nations Rotterdam Convention would require exporting countries to inform importing countries about the hazards of using it, and to include safe-handling and proper precautionary measures.
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Although other countries could try to block the addition of asbestos, it is Canada that has worked hardest to prevent that from happening, said Kathleen Ruff, a human-rights adviser to the Rideau Institute.”

Restricting restrictions
IRIN reports on a new study that calls on the World Trade Organization to ensure that poor countries are exempted from the food export restrictions of other nations:

“The WTO allows countries to impose export restrictions and bans as a temporary measure to address critical food shortages. But these restrictions affect poor countries, which buy most of their food supply, in two ways: They push food prices up globally, making it more expensive for poor countries to buy food, and they force food-importing countries to shop for deals long distances away.
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In April 2011, the net food-importing developing countries (NFIDCs) submitted an informal proposal at the WTO for a new paragraph to be included in the draft Doha Accord exempting them and the [Least Developed Countries] from export restriction put in place by other countries. UN agencies and most food experts agree that export restrictions influence sharp spikes in prices, helping to drive food prices up during 2007/2008 crisis. At least 23 countries had either banned or imposed restrictions on the export of cereals then, according to the [International Centre for Trade and Sustainable Development] study.
The proposed exemption was not adopted by the WTO.”

Big fish
Agence France-Presse reports that the former head of French oil giant Elf has been extradited to Togo to face a charge of “accessory to fraud”:

“The former Elf CEO was questioned by a Togolese judge for about three hours Monday, following his lightning-fast extradition from Ivory Coast over the weekend.
His legal team had condemned the international transfer, which came the day after his arrest in Ivory Coast’s economic capital Abidjan on Friday as he tried to board an Air France flight to Paris.
…
[Loik] Le Floch-Prigent, currently an oil industry consultant, has already served jail terms in France for corruption which dated from his time as head of Elf from 1989 to 1993.”

High-frequency trading
The Bureau of Investigative Journalism reports that the UK is “trying to water down” efforts by European politicians to rein in a form of trading widely blamed for increasing volatility:

“Several influential MEPs are determined to clamp down on the use of sophisticated computer algorithms and fast connections to generate profits through huge numbers of high-speed trades, after seeing its role in the notorious 2010 US Flash Crash and the collapse of Knight Capital last month.
…
Fuelled by fears over potential market shocks and unease that markets appear dominated by speculators, the European parliament is cracking down on the industry through the revised Markets in Financial Instruments Directive (Mifid), which shapes financial markets across the European Union.”

Cookie-cutter justice
Wayne State University’s Peter Henning asks whether deferred and nonprosecution agreements make sense as “the new standard for how the [US] Justice Department deals with criminal conduct by corporations”:

“It seems as if we are coming perilously close to cookie-cutter justice in corporate criminal investigations. Everyone by now knows the drill: turn over the results of an internal investigation, highlight how damaging a conviction would be and then offer to pay the fine and put in place an enhanced compliance program. The press release almost writes itself, but it is the rare case in which senior management pays any price.
Deferred and nonprosecution agreements are here to stay because they give the Justice Department a means to police corporations while mitigating the full impact of the criminal law. They occupy a middle ground between the sledgehammer of criminal charges and giving a company a free pass.”

Asymmetrical delusions
Warwick University’s Robert Skidelsky argues that “current counter-insurgency orthodoxy” has not incorporated the lessons of Algeria and Vietnam:

“Even putting aside moral and legal questions – which one should never do – it is doubtful whether the strategy of torture and assassination can achieve its pacifying purpose. It repeats the mistake made in 1957 by [French General Jacques] Massu, who assumed that he faced a cohesive organization with a single command structure. Relative calm was restored to Algiers for a couple of years after his arrival, but then the insurgency broke out again with redoubled strength, and the French had to leave the country in 1962.
Today, the international community similarly misconceives the nature of the ‘war’ that it is fighting. There is no single worldwide terrorist organization with a single head. Insofar as Al Qaeda still exists at all, it is a Hydra that sprouts new heads as fast as the old ones are cut off. Trying to win ‘hearts and minds’ with Western goods simply corrupts, and thus discredits, the governments established by those intervening. It happened in Vietnam, and it is happening now in Iraq and Afghanistan.”