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While the charge that Obama and other administration officials committed crimes under the Rome Statute for the International Criminal Court might seem odd because the U.S. never acceded to that treaty or to the jurisdiction of the ICC, the statute applies to those who commit war crimes within the jurisdictions of nations that have acceded to the treaty and to their superiors who either knew of should have known that such crimes would be committed and did not act to prevent them.  Pakistan  and Yemen have acceded to the treaty. The Rome treaty requires the arrest of those classified as war criminals under that treaty if they set foot in any nation that has acceded to the treaty. So just as Bush administration figures have done, Obama and crew will need to restrict where they travel after he leaves office.

The linked article should have mentioned that it was a mock tribunal, without legal authority or powers.

The U.S. could help Israel on the war crimes issue only by indirect pressure; like Israel, the U.S. never signed the treaty to join the International Criminal Court so has no direct  voice there. 

Some conflicting reports on Palestine taking Israel to the International Criminal Court charging war crimes. The conflict may be because of the different times they were published This article published yesterday says that Abbas said last week that he would only do so if Hamas agrees and said he was awaiting a decision by Hamas. But the Haaretz live blog on Gaza says that "Palestinian Foreign Minister Riad al-Malki says after meeting prosecutors at the International Criminal Court [today] that there was "clear evidence" that Israel committed war crimes in  Gaza." http://www.haaretz.com/news/diplomacy-defense/1.608928 So it sounds like Palestine has initiated the process at the ICC and that Hamas leadership has decided to accept the risk that they will face war crime charges themselves. If so, that's a strong sign that some nation has agreed to bankroll the Palestine government if the U.S. ends its aid to Palestine. Most likely Qatar from what I've read. The U.N. Human Rights Council has already launched its own investigation of potential war crimes committed during Israel's latest invasion of Gaza. An article passed by me sometime during the last 48 hours that quoted the Chief Prosecutor at the ICC to the effect that she would act if Palestine filed charges but said that "the ball is in Palestine's court." The ICC has been widely criticized for its preference of convicting the leaders of African nations rather than of caucasian nations. Given that circumstance, the Court of 15 judges may welcome the Palestinian opportunity to prove that it is willing to convict leaders of a non-African nation. Certainly, Israel's occupation and colonization of Palestine since hostilities ceased in 1967 offers more than fertile ground for such a case. I have to admit that I enjoy my mental picture of Benjamin Netanyahu in chains standing in the Court's dock in The Hague. 

Which helps explain why, in a recent poll of Palestinians in both Gaza and the West Bank, the Hamas leader outpolled Abbas by something on the order of 70-30 on the question of who Palestinians would vote for as President if elections were held at that time. 

Note that according to a leaked U.S. State Dept. cable on Wikileaks, Ms. Darshan-Leitner confessed to officials of the U.S. Embassy that Shurat HaDin has "accepted direction" from the Israeli government and works closely with Mossad. https://cablegatesearch.wikileaks.org/cable.php?id=07TELAVIV2636

I've read the brief. I don't think the implied partial repeal of the War Powers Resolution argument should fly. The relevant provision establishes a rule of interpretation of later statutes and the appropriations bills neither reject the rule of interpretation nor specifically provide authorization for use of military force. They just authorize funding. On the standing issue, I think the DoJ position is correct; the oath of office applies only to senior officers who make the decision to initiate a war. But DoJ may have opened the door to a more compelling standing argument by arguing that the war does not constitute a war crime, a crime against peace, or a crime against humanity under international law. DoJ did not need to make that argument because Smith had not alleged in his complaint that he was being ordered to commit such crimes, but by doing so DoJ waives any argument that such issues are beyond the scope of Smith's standing and the evidence that the Iraq and Syrian wars are illegal under international law is, to say the least, strong.

I did not bookmark the news about this tribunal's decision last year because I mistakenly assumed that it was a mock trial, that it had no legal force.  But in this interview with renowned international law professor Francis Boyle, who served as co-prosecutor, I learned that the trial was legally constituted, and that international law requires other nations to either extradite Bush and his top officials or independently try them for war crimes and crimes against humanity. Note that Boyle gives Obama no points either, calling for his impeachment and prosecution. So we might look forward to a similar prosecution of Obama and his top officials after he leaves office. 

The concurrent article by The Intercept is at https://firstlook.org/theintercept/2015/04/15/new-zealand-bangladesh-gcsb-surveillance-human-rights/

For many years, Israel has taxed Gaza residents, then paid the Gaza government the collected taxes. But Israel began reducing the payments then finally cut it off entirely. Doctors and medical staff in Gaza have had no pay for five months and had been on half-pay for eight months prior to that. Before the rockets began flying, medical supplies and equipment in Gaza were already severely depleted.  Qatar wants to send Gaza $20 million so the Gaza government employees can be paid. Now Israel threatens to expel the special U.N. envoy for the Mideast Peace Process because he offered to transfer the funds.  The Israeli hubris explodes in faux anger. Not a bright move because Gaza and the West Bank are classified as Occupied Territories Israel under the Fourth Geneva Convention. As the occupying power, Israel is required to maintain the elected Gaza government and is responsible for the well being of all Gaza residents. But Israel has been ignoring U.N. decisions including Security Council decisions from the moment the Israeli government was formed in 1948.   Making an enemy of the international human rights officials will prove doubly dumb when Israeli officials are inevitably seated in the dock of the International Criminal Court facing charges for war crimes, crimes against peace, and crimes against humanity. Human rights lawyers and judges pull no punches.   

EU Court of Justice decision in regard to a Directive that required communications data retention by telcos/ISPs, finding the Directive invalid as a violation of the right of privacy in communications. Fairly read, paragraph 59 outlaws bulk collection of such records, i.e., it requires the equivalent of a judge-issued search warrant in the U.S. based on probable cause to believe that the particular individual's communications are a legitimate object of a search.  Note also that paragraph 67 effectively forbids transfer of any retained data outside the E.U. So a barrier for NSA sharing of data with GCHQ derived from communications NSA collects from EU communications traffic. Bye-bye, Big Data for GCHQ in the E.U. 

A historic day indeed. Turkey is a member of both NATO and INTERPOL. Four high-ranking Israeli military officers will be on the INTERPOL arrest list soon, with a network of human rights lawyers around the world on the watch and ready to enforce INTERPOL arrest obligations. In other words, these officers' travel outside Israel will be very unlikely to include INTERPOL treaty nations and European extradition convention nations as either destinations or waypoints. The deterrent effect on Israeli government officials is considerable, particularly with another criminal prosecution pending in Spain. Fittingly, the Turkish court has aimed its message at high military officials who directed the assassinations rather than at the low-ranking soldiers who committed them. Message to high Israeli officials: be nice to Turkish citizens if you want to ever travel outside Israel.  One can only wish that the same message had been delivered about American citizens. The victim shot five times including a point blank shot to the head was an American citizen. Many of the kidnaped human rights people on the Navi Marmara and accompanying boats were Americans. One of the boats was American-flagged. Under international law, these actions were casus belli, a sufficient cause for military retaliation against the government of Israel. But the cowardly Obama and Secretary of State Hillary Clinton did not so much as lodge a diplomatic protest, so fearful they are of the powerful Israel Lobby. 

"Terrorism: A Matrix of Lies and Deceit - Good catch of a very interesting article from Marbux! Christopher Black (NEO) : So how is your war on "terrorism" going? I'm not doing too well at it since I have no idea who the enemy is. Like the American black comedian, Dick Gregory, who, on hearing that President Johnson had declared a war on poverty, ran out onto the street with a hand grenade to throw it at some poor people, I have no idea who the real enemy is, who to throw a grenade at. That makes me think. We are told, the world over, by every government, that we are in a "war against terrorism." But terrorism is an action, a tactic, a strategy. It's a method not person, a group, a country. How can there be a war against a method of war. But they want us to fight a method and never ask the why or the who. That doesn't seem to matter anymore. They tell us not to be concerned with why something happens, only how it happens. Let's face it, the Americans, with all the creative skills of Madison Avenue, have got us all to use a phrase that George Bush first used in 2001after the strange event in New York that has all the indicia of a state attack on its own people to justify the invasions of Afghanistan and then Iraq. It has become a euphemism and a justification for all the wars they have waged since. The people don't need to know why "terrorists" exist, or who they are and what motivates them, or even whether they really exist, for they are just "terrorists." Sometimes the war is against a "regime" that is "terrorising" its own people according to the "responsibility to protect" mafia that act as the chorus to the principal players in this theatre, as was done to Yugoslavia and Libya; or a regime that "terrorises the world", as we saw with Iraq. Sometimes the war is a phony war against 'terrorists" who are really mercenary forces fighting for the USA and its allies. We see this in Syria. We have seen it used agai

Marbux is right - this report is filled with stunning information! "TEL AVIV - NATO countries are strongly considering the possibility of an international deployment to Syria if the Syrian opposition does not make major advances in the next few weeks, according to informed Middle Eastern diplomatic and security officials. Egyptian security officials, meanwhile, outlined what they said was large scale international backing for the rebels attacking the embattled regime of Syrian President Bashar Assad - including arms and training from the U.S., Turkey, Jordan and Saudi Arabia."

One key point is that this article was published on February 24, 2012, long before the false flag sarin gas attack in late August of 2013 that was falsely attributed to the Assad government of Syria. Planning for a Libya-like NATO invasion of Syria was underway long before that attack. And the report gives us the information that the shipment of arms to and training of the Syrian opposition was already underway at that early date, if the report is accurate. All such activities were later confirmed by mainstream media, although I have not found any such reports that provide a beginning date. Hence the value of this report. The report also goes into some detail on the emerging international law norm of Responsibility to Protect ("RTP"), but misses some key aspects. RTP doctrine was an innovation in international law in response to massive genocidal events such as the Rwandan and Srebrenica Massacres. As international law stood before RTP, what happened entirely within the borders of a nation was an aspect of national sovereignty that international law could not interfere with. RTP cracked that barrier, holding that some human rights were so important that they deserved protection by international law, therefore the United Nations Security Council would be empowered to authorize intervention in cases involving wholly domestic genocide, war crimes, ethnic cleansing, and crimes against humanity. But omitted from the article is the fact that it is a doctrine to be exercised only by the U.N. Security Council; individual nations gain no license under the doctrine to launch their own wars to protect the citizens of another nation, whether directly or through proxies such as jihadi mercenaries. Russia has, quite properly in my opinion, vetoed U.S. sponsored draft resolutions based on RTP for Security Council authorization to intervene in Syria, because the U.S. is already an unlawful belligerent in Syria and because the U.S. so severely abused the Security Council's RTP r

I've read the report, which is devastating. Not mentioned in the article was that the NGO's decision was largely driven by the fact that witnesses repeatedly suffered retaliation, leading to the decision that the few successes were outweighed by the harm to witnesses.  Make no mistake: the NGO's decision to boycott the Israel military's established procedures for reporting and investigating crimes committed by Israeli mlliitary personnel against Palestinians will pack a wallop internationally. B-Tselem had lent an air of legitimacy to the IDF's procedures for investigating crimes against Palestinians committed by IDF forces. That fig leaf has now been removed. 

Somewhat ironic that the path to prosecution in the U.S. for damage awards against foreign governments as "sponsors of terrorism" by the Israeli Mossad front, Shurat Hadin is now being used to go after those in the U.S. who fund Israeli terrorism against Palestinians.  More coverage here: http://www.aljazeera.com/news/2016/03/palestinians-sue-pro-israel-tycoons-345bn-160307191923877.html