Where I Stand — Mike O’Callaghan: The enemy in the mirror

Friday, July 11, 2003 | 8:57 a.m.

THE FEDERAL COURT AWARD of almost $1 billion to 17 former POWs held by Iraq in 1991 was most interesting and refreshing. The lawsuit against Iraq was brought by the former prisoners and 37 of their family members. The awards for the individuals ranged from $16 million to $35 million. The family members, including several spouses, received awards of $5 million to $10 million each.

What now must be determined will be the source of the payments. There is the possibility that the White House may block the use of the $1.7 billion of Iraqi assets we have frozen. President Bush has already designated that money for the rebuilding of Iraq.

Past attempts of worthy groups suing foreign nations have always run into blocks thrown up by the Department of State and the Department of Justice. Six years ago Congress passed laws that permit individuals the right to sue nations on our list of terrorists. Near the top of that list are Iraq and North Korea.

The POWs held for several years, not several weeks, by Japan during World War II have been denied their claims against wealthy Japanese corporations. Those who lived have been forced to settle for $1 a day and nothing more. All attempts to get justice in our courts have been stymied by Justice and State. The Bush White House has been worried that the awarding of damages would hurt relationships with our ally Japan. The same concerns were voiced by the president's father and President Bill Clinton.

Today we have about 5,000 former POWs, held and brutalized by Japan, still alive. Most of their comrades have died while still seeking justice. Allow me to repeat the story of POW Maurice Mazer as told by Sy Brody. Before being used for three years as a slave in Mitsubishi's copper mines, Mazer was captured and survived the Bataan Death March. Brody writes:

"As the march progressed, more men fell out of the line due to dehydration, injuries and heat exhaustion. Mazer carried a sick man on his back until a Japanese truck deliberately rammed them. The soldier fell to the ground dead and Mazer limped away.

"After they had walked 30 miles, they were herded into boxcars that were poorly ventilated. It took four hours for them to travel 25 miles to a Japanese prisoner of war camp called Camp O'Donnell. Here he received his first food in five days. Hundreds of men died in this camp from malaria, dysentery, beriberi and starvation. They lived in thatched huts which were exposed to the sun. The prisoners had no soap, disinfectant or medicine. They were repeatedly beaten with clubs, planks and anything from a broomstick to a bamboo pole."

The Americans from our embassy held hostage by Iran for 444 days also ran into strong opposition from Justice and State when suing for compensation. Then last week the survivors of the Nazi-created Holocaust had the Supreme Court deny their use of a California law to search for information from foreign insurance companies now doing business in that state. The Bush administration sided with the insurance industry. By a 5-4 vote, the court ruled that the search interferes with the president's conduct of foreign affairs.

There are experts in international law who believe that governments cannot forfeit the rights of its citizens where violations of human rights are involved. This legal interpretation has been rejected by several presidents and their Justice and State departments.

If not for the actions of Congress in 1996, the POWs held by Iraq in 1991 for three or four weeks would have also had their demands rejected. In the meantime, Americans who suffered brutality for 444 days and some for several years have found their biggest enemy resides in Washington, D.C. Last week the Supreme Court joined the White House, State and Justice departments on their list of enemies.