A Fail Grade for UN Panel

Would the three panelists of the UN working group that found this week in Julian Assange’s favor pass a law exam at any serious law faculty?

Their reasoning is utterly shocking. They fail to note even the UK Supreme Court’s dismissal of his appeal against extradition, a rather reckless attitude to the rule of law and due process by the panel.

As to his current abode at the Ecuadorian embassy, they say this: “Placing individuals in temporary custody in stations, ports and airports or any other facilities where they remain under constant surveillance may not only amount to restrictions to personal freedom of movement, but also constitute a de facto deprivation of liberty.” They fail to note that no authority forced him to take up his current residence.

And then this astonishing statement: “It defeats the purpose and efficiency of justice and the interest of the concerned victims to put this matter of investigation to a state of indefinite procrastination.” Yes, and who was responsible for the procrastination?

The dissenter on the panel, Ukraine’s Vladimir Tochilovsky, deals with the embassy stay thus: “In fact, Mr. Assange fled the bail in June 2012 and since then stays at the premises of the Embassy using them as a safe haven to evade arrest. Indeed, fugitives are often self-confined within the places where they evade arrest and detention. This could be some premises, as in Mr. Assange’s situation, or the territory of the State that does not recognise the arrest warrant. However, these territories and premises of self-confinement cannot be considered as places of detention for the purposes of the mandate of the Working Group.” Quite.

The Irresponsibility of WikiLeaks

Until yesterday I was a strong supporter of the work of WikiLeaks: democratic governments are not transparent enough on the whole, and certainly in the “war on terror” there has been far too much empowering of the security services and far too many civil liberty abuses.  And both the Bush administration and Blair government lied to their publics – and the World – about the reasons for the invasion of Iraq. The disclosure recently by WikiLeaks of a video showing the killing of likely non-combatant Afghans was a public service.

But Julian Assange, the founder of WikiLeaks, has been offensively cavalier with his uploading of 75,000 leaked battlefield reports and other secret and classified U.S. military material from the war in Afghanistan. As the New York Times among others has reported, the names of dozens of Afghans who have provided information to the U.S. military and NATO troops can be identified from many of the reports. A cursory search of some of the documents that I did today reveals informant family and village names: pinpointing them will not be that demanding for the Taliban.

Assange maintains that WikiLeaks withheld 15,000 reports to minimize the danger to informants. Asked on NBC’s Today show about whether he would view the killing of an informant by the Taliban as “collateral damage” in his bid the make public more of the details about the war, he responded: “If we had, in fact, made that mistake, then, of course, that would be something that we would take vey seriously.”

That isn’t good enough. Assange doesn’t describe himself as a journalist – he’s more of a transparency activist. But while he may not consider himself a journalist, he is engaging in journalism and, for the better sort of journalist, there are ethics and professional standards that are to be observed – that is if reputation is to be maintained. Journalists at the Guardian, New York Times and Der Speigel observed those standards at the beginning of the week when given by Assange exclusive access to documents ahead of their full online release. The three publications posted online documents but ensured informant information was redacted.

That is the approach I took when revealing for past stories and investigations the details of hundreds of leaked classified intelligence and law enforcement documents. And, yes, I engaged in self-censorship and erred on the side of caution. It wasn’t my job to assist narco-traffickers or terrorists or other spies to identify informants and to pull the trigger.

Assange has been highly irresponsible in what he has done. Both transparency and bringing home to Americans and Britons the futility and savagery of the war in Afghanistan could have been accomplished by more restraint – the kind of restraint shown by the New York Times, the Guardian and Der Speigel.