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Paul Merrell

The United Nations' Response to ISIS Beheadings in Syria. "Resolutions" Calling for "Re... - 0 views

  • Following the gruesome beheading of James Foley, by a terrorist group called “The Islamic State of Iraq and Syria,” and the group’s threats to behead other captives in August 2014, The New York Times headline on page A19 reads, with Kafkaesque “logic”:  “U.S. Invokes Defense of Iraq in Legal Justification of Syria Strikes.”  US/NATO had failed, for three years, to get UN Security Council authorization for military action against Syria, and unilateral military action against Syria would be a violation of international law. However, the very visible emergence of ISIS, now defined as the most dangerous terrorist organization in the Middle East, or, perhaps, globally, and their widely publicized video beheadings of James Foley, Steve Sotloff and others, appeared to give some form of de facto justification for broader military action, including against Syria.  On August 22, 2014, The New York Times reported, page A6: “When the United States began airstrikes in Iraq this month, senior Obama administration officials went out of their way to underscore the limited nature of their action.  ‘This was not an authorization of a broad-based counterterrorism campaign,’ a senior Obama administration official told reporters at the time.  But the beheading of an American journalist and the possibility that more American citizens being held by the group might be slain has prompted outrage at the highest levels of the American government.”
  • In an interview with Anderson Cooper, Diane Foley stated that a military official forbade the family from going to the media and threatened to prosecute them for supporting terrorism if they attempted to raise the $1.32 million dollar ransom demanded by ISIS. “Three times he intimidated us with that message.  We were horrified he would say that.  He just told us we would be prosecuted.  We knew we had to save our son, we had to try,” Mrs. Foley told Anderson Cooper. Foley’s brother, Michael noted in an interview that he was ‘directly threatened with possible prosecution for violating anti-terrorism laws by a State Department official.”  Reporter Michael Isikoff states, in a September 12 article: “The parents of murdered journalist Steven Sotloff were told by a White House counterterrorism official at a meeting last May that they could face criminal prosecution if they paid ransom to try to free their son.”
  • Indeed, it can be asserted that these same administration officials who claimed “outrage” after the beheadings, inflicted the most extreme psychological torture upon the families of James Foley and Stephen Sotloff, who were desperately trying to save the lives of their sons and brother. On September 12, 2014, ABC news reported:  “Obama administration officials repeatedly threatened the family of murdered journalist James Foley that they might face criminal charges for supporting terrorism if they paid ransom to the ISIS killers who ultimately beheaded their son, his mother and brother said this week.  ‘We were told that several times and we took it as a threat and it was appalling,’ Foley’s mother Diane told ABC news in an interview.  She said the warnings over the summer came primarily from a highly decorated military officer serving on the White House National Security Council staff, which five outraged current and former officials with direct knowledge of the Foley case also recounted to ABC news in recent weeks.”
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  • Mrs. Foley diplomatically implies that her son’s death was in the “strategic interest” and she stops just short of accusing the administration of using her son’s beheading as the fig-leaf they needed to justify the administration’s unilateral attack on Syria, which was in violation of international law. If saving Foley was not in the “strategic interest,” a very frightening possibility exists. The murders of Foley and Sotloff, both of whom were beheaded by ISIS, were called ‘acts of barbarism’ by Obama in his speech announcing a military campaign to destroy the terrorist organization. Frenzied hysteria over human rights abuses in Syria continues to be incited by mainstream media, as the middle east is fragmented and decomposed by US/NATO bombings and internecine warfare so complex that the UN’s call for the “diplomatic resolution” of multiple devastating conflicts becomes an increasingly remote possibility.  Saudi Arabia and Qatar continue arming the terrorist opposition.
  • “Sotloff’s father, Art, was ‘shaking’ after the meeting with the official, who works for the National Security Council.  Sources close to the family say that at the time of the White House meeting the Sotloffs and Foleys were exploring lining up donors who would help pay multimillion dollar ransoms to free their sons.  But after the meeting those efforts collapsed, one source said, because of concerns that ‘donors could expose themselves to prosecution.’” James Nye for Mailonline reported:  “Mrs. Foley poured scorn on the Pentagon’s claim they tried to rescue Foley on July 4, only to raid the wrong base…Throughout the 20 month ordeal, Mrs. Foley said she came to regard her and her family’s efforts to rescue James as an ‘annoyance’ to the administration and began to feel that their desperation to bring James Foley home did not ‘seem to be in the strategic interest, if you will.’”
  • The front page headline states:  “U.S. General Says Raiding Syria is Key to Halting Isis.  The Islamic State in Iraq and Syria cannot be defeated unless the United States or its partners take on the Sunni militants in Syria,’ General Martin Dempsey, Chairman of the Joint Chiefs of Staff said on August 21, 2014. ‘This is an organization that has an apocalyptic end-of-days strategic vision that will eventually have to be defeated.  Can they be defeated without addressing that part of the organization that resides in Syria?  The answer is no.” Public horror at the beheading of James Foley and Steven Sotloff transformed public reluctance to engage in yet another seemingly endless and futile distant war, paid for by the U.S. taxpayer, into public outrage and support for retaliation against the terrorists who beheaded Foley and Sotloff.  US/NATO now had a de facto form of support and legitimacy for attacking Syria.  Given little publicity, however, then and now, was the fact that ISIS offered to exchange the lives of James Foley and Stephen Sotloff for $100 million dollars in ransom.  Although top U.S. officials used their “outrage” at the beheading of Foley and Sotloff to “justify” a unilateral attack on Syria, they were not sufficiently outraged to do what was necessary to prevent these beheadings, which, once executed, provided a convenient fig-leaf for the attack on Syria for which  they had sought and failed to attain legal justification during the preceding three years.
  • At the same time that the military-industrial complex thrives on huge profits derived from these geo-politically engineered conflicts, it is worth recalling the September 10, 2014 report by Mazzetti, Schmitt and Landler in The New York Times: “Washington – “The violent ambitions of the Islamic State in Iraq and Syria have been condemned across the world:  in Europe and the Middle East, by Sunni nations and Shiite ones, and by sworn enemies like Israel and Iran.  Pope Francis joined the call for ISIS to be stopped. “As President Obama prepares to send the United States on what could be yearslong military campaign against the militant group (ISIS), American intelligence agencies have concluded that it poses no immediate threat to the United States.  Some officials and terrorism experts believe that the actual danger posed by ISIS has been distorted in hours of television punditry and alarmist statements by politicians, and that there has been little substantive public debate about the unintended consequences of expanding American military action in the Middle East. “Daniel Benjamin, who served as the State Department’s top counterterrorism adviser during Mr. Obama’s first term, said the public discussion about the ISIS threat has been a ‘farce,’ with ‘members of the cabinet and top military officers all over the place describing the threat in lurid terms that are not justified.’  “It’s hard to imagine a better indication of the ability of elected officials and TV talking heads to spin the public into a panic, with claims that the nation is honeycombed with sleeper cells, that operatives are streaming across the border into Texas or that the group will soon be spraying Ebola virus on mass transit systems – all on the basis of no corroborated information,’ said Mr. Benjamin, who is now a scholar at Dartmouth College.”
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    The Feds' "no ransom" policy might better be changed to "pay the ransom then extract retribution." It would still serve as a deterrent. Nonetheless, that policy is now part of a U.N. Security Council Resolution. 
Paul Merrell

'As an American I'm embarrassed and appalled': James Foley's mother hits out at Obama's... - 0 views

  • The mother of James Foley, the American journalist beheaded by ISIS, spoke tonight of her deep disappointment felt towards the Obama administration for their handling of his time as a prisoner of the terror group, saying, 'I really feel our country let Jim down.'On the 13th anniversary of 9/11 and the day after President Obama addressed the nation and finally offered a strategy to defeat ISIS, Diane Foley told CNN that 'as an American', she was 'embarrassed and appalled' at the efforts to rescue her son from captivity.Articulate and thoughtful throughout her interview, Mrs. Foley made the startling claim that US officials threatened her family with prosecution if they tried to raise a ransom for Foley, 40, and said 'Jim was sacrificed because of a lack of communication and prioritization.'And in a thinly veiled attack on Obama's new strategy to 'degrade and destroy' ISIS she said that meeting violence with more violence may not be the answer and said, 'bombing caused Jim's death.' 'Jim was killed in the most horrific way. He was sacrificed because of just a lack of coordination, lack of communication, lack of prioritization,' said Diane Foley. 'As a family, we had to find our way through this on our own.' 
  • Still grieving, Diane Foley also said US officials told her they would not exchange prisoners or carry out any military action to try and rescue her son.At times withering in her assessment of the Obama administration's co-ordination with her family, Mrs. Foley poured scorn on the Pentagon's claim they tried to rescue Foley on July 4, only to raid the wrong base.Speaking to CNN's Anderson Cooper, Mrs. Foley said her family knew where James Foley was being held on two separate occasions in Syria, and that each time he was there for months following his capture on Thanksgiving, 2012.
Paul Merrell

James Foley Beheading Video Has Play-Acting Portions - Video Experts Say - Internationa... - 0 views

  • Video experts observed that the video showing the actual beheading of US journalist James Foley was so professionally produced and well-scripted, to the extent that portions of it appeared to be just being acted out.
  • Two video experts were one in observing that portions of the purported video were give-aways that the beheading video was intended primarily for propaganda purposes.
Paul Merrell

Pentagon: Isis is 'beyond anything we've seen' and must be contained | World news | the... - 0 views

  • Senior Pentagon officials described the Islamic State (Isis) militant group as an “apocalyptic” organisation that posed an “imminent threat” on Thursday, yet the highest ranking officer in the US military said that in the short term, it was sufficient for the United States to “contain” the group that has reshaped the map of Iraq and Syria. Army general Martin Dempsey, chairman of the joint chiefs of staff, told reporters in a Pentagon briefing that while Isis would eventually have to be defeated, the US should concentrate on building allies in the region to oppose the group that murdered an American journalist, James Foley. “It is possible to contain them,” Dempsey said, in a Pentagon press conference alongside the defense secretary, Chuck Hagel. “They can be contained, but not in perpetuity. This is an organisation that has an apocalyptic, end-of-days strategic vision which will eventually have to be defeated.”
  • Dempsey’s comments came a day after secretary of state John Kerry said Isis “must be destroyed” following the killing of Foley, the first American known to have died at the hands of Isis. President Obama had referred to the organisation as a “cancer”. Their remarks raised expectations that the administration was preparing for a wider war aimed at wiping out Isis, rather than stopping its advances in Iraq. Internal administration deliberations over a response to Isis continue, and US officials predicted that there would be little departure from the strategy of limited airstrikes launched since 8 August. One said the military plan “may ultimately evolve”.
Paul Merrell

ISIS: Made in Washington, Riyadh - and Tel Aviv by Justin Raimondo -- Antiwar.com - 0 views

  • The Islamic State in Iraq and Syria (ISIS) is being touted as the newest "threat" to the American homeland: hysterics have pointed to Chicago as the locus of their interest, and we are told by everyone from the President on down that if we don’t attack them – i.e. go back into Iraq (and even venture into Syria) to root them out – they’ll soon show up on American shores.
  • If we step back from the hysteria generated by the beheading of US journalist James Foley, what’s clear is that this new bogeyman is the creation of the United States and its allies in the region. ISIS didn’t just arise out of the earth like some Islamist variation on the fabled Myrmidons: they needed money, weapons, logistics, propaganda facilities, and international connections to reach the relatively high level of organization and lethality they seem to have achieved in such a short period of time. Where did they get these assets? None of this is any secret: Saudi Arabia, Qatar, and the rest of the oil-rich Gulf states have been backing them all the way. Prince Bandar al-Sultan, until recently the head of the Kingdom’s intelligence agency – and still the chief of its National Security Council – has been among their biggest backers. Qatar and the Gulf states have also been generous in their support for the Syrian jihadists who were too radical for the US to openly back. Although pressure from Washington – only recently exerted – has reportedly forced them to cut off the aid, ISIS is now an accomplished fact – and how can anyone say that support has entirely evaporated instead of merely going underground?
  • Washington’s responsibility for the success of ISIS is less direct, but no less damning. The US was in a de facto alliance with the groups that merged to form ISIS ever since President Barack Obama declared Syria’s Bashar al-Assad "must go" – and Washington started funding Syrian rebel groups whose composition and leadership kept changing. By funding the Free Syrian Army (FSA), our "vetted" Syrian Islamists, this administration has actively worked to defeat the only forces capable of rooting out ISIS from its Syrian nest – Assad’s Ba’athist government. Millions of dollars in overt aid – and who knows how much covertly? – were pumped into the FSA. How much of that seeped into the coffers of ISIS when constantly forming and re-forming chameleon-like rebel groups defected from the FSA? These defectors didn’t just go away: they joined up with more radical – and militarily effective – Islamist militias, some of which undoubtedly found their way to ISIS. How many ISIS cadres who started out in the FSA were trained and equipped by American "advisors" in neighboring Jordan? We’ll never know the exact answer to that question, but the number is very likely not zero – and this Mother Jones piece shows that, at least under the Clinton-Petraeus duo, the "vetting" process was a joke. Furthermore, Senator Rand Paul (R-Kentucky) may have been on to something when he confronted Hillary with the contention that some of the arms looted from Gaddafi’s arsenals may well have reached the Syrian rebels. There was, after all, the question of where that mysterious "charity ship," the Al Entisar, carrying "humanitarian aid" to the Syrian rebels headquartered in Turkey, sailed from.
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  • In a recent public event held at the Aspen Institute, former Israeli ambassador to the US Michael Oren bluntly stated that in any struggle between the Sunni jihadists and their Iranian Shi’ite enemies, the former are the "lesser evil." They’re all "bad guys," says Oren, but "we always wanted Bashar Assad to go, we always preferred the bad guys who weren’t backed by Iran to the bad guys who were backed by Iran." Last year, Sima Shine, Israel’s Minister of Strategic Affairs, declared: "The alternative, whereby [Assad falls and] Jihadists flock to Syria, is not good. We have no good options in Syria. But Assad remaining along with the Iranians is worse. His ouster would exert immense pressure on Iran." None of this should come as much of a surprise to anyone who has been following Israel’s machinations in the region. It has long been known that the Israelis have been standing very close to the sidelines of the Syrian civil war, gloating and hoping for "no outcome," as this New York Times piece put it.
  • Secondly, the open backing by the US of particular Syrian rebel groups no doubt discredited them in the eyes of most Islamist types, driving them away from the FSA and into the arms of ISIS. When it became clear Washington wasn’t going to provide air support for rebel actions on the ground, these guys left the FSA in droves – and swelled the ranks of groups that eventually coalesced into ISIS. Thirdly, the one silent partner in all this has been the state of Israel. While there is no evidence of direct Israeli backing, the public statements of some top Israeli officials lead one to believe Tel Aviv has little interest in stopping the ISIS threat – except, of course, to urge Washington to step deeper into the Syrian quagmire.
  • Israel’s goal in the region has been to gin up as much conflict and chaos as possible, keeping its Islamic enemies divided, making it impossible for any credible challenge to arise among its Arab neighbors – and aiming the main blow at Tehran. As Ambassador Oren so brazenly asserted – while paying lip service to the awfulness of ISIS and al-Qaeda – their quarrel isn’t really with the Arabs, anyway – it’s with the Persians, whom they fear and loathe, and whose destruction has been their number one objective since the days of Ariel Sharon. Why anyone is shocked that our Middle Eastern allies have been building up Sunni radicals in the region is beyond me – because this has also been de facto US policy since the Bush administration, which began recruiting American assets in the Sunni region as the linchpin of the Iraqi "surge." This was part and parcel of the so-called "Sunni turn," or "redirection," in Seymour Hersh’s phrase, which, as I warned in 2006, would become Washington’s chosen strategy for dealing with what they called the "Shia crescent" – the crescent-shaped territory spanning Iran, Iraq, Syria, and parts of Lebanon under Hezbollah’s control, which the neocons began pointing to as the Big New Threat shortly after Saddam Hussein’s defeat.
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    If one were to attempt to write the most damning yet throughly referenced report on U.S. involvement with ISIL, this manuscript would make a very good first draft.  But probably unintentionally, the author gives less credit to Israel than it is due. At least twice (and I think more but would have to check), the Israeli Air Force has struck Syria, destroying Russian heavy weaponry, missiles capable of reaching Israel, being delivered to the Lebanonese Hezbollah in Syria. Hesbollah is fighting side-by-side with the Syrian government forces in Syria. So Israel has had a direct and overt hand in the Syrian war. 
Paul Merrell

Israel Hayom | British special forces land in Iraq to fight ISIS - 0 views

  • Troops from the Royal British Army's elite SAS unit and Special Reconnaissance Regiment have landed in Iraq and are pursuing Islamic State fighters, particularly the U.K. citizen known as "Jihadi John" who beheaded the American journalist James Foley on camera last week. The Sunday Mail reported that the British commandos were employing advanced technologies to find the killer. "It is possible to identify British jihadis on the battlefield by intercepting their radio messages. When they're captured by the Iraqis or Kurds we'll take a close interest in their questioning," an SAS member told the weekly paper. It already appears that the U.S. and U.K. are close to identifying the British-accented terrorist who killed Foley. "We're not in a position to say exactly who this is, but I think we are close," British Ambassador to the U.S. Sir Peter Westmacott told NBC's "Meet the Press."
Paul Merrell

Report: ISIS, Syrian rebels reach ceasefire | TheHill - 0 views

  • Moderate Syrian rebels and the Islamic State in Iraq and Syria (ISIS) reportedly struck a cease-fire deal on Friday, according to a group that has monitored Syria's civil war. The groups agreed to a non-aggression pact in which they promised not to attack each other.The development could influence members of Congress to vote “no” on an authorization to train and equip moderate rebel groups as early as next week. The White House has requested the authorization, but some lawmakers have already been skeptical the opposition groups can be trusted. The Syrian Observatory for Human Rights, a monitoring group based in the United Kingdom, said the groups reached the agreement in a suburb of Damascus, Syria’s capital.ADVERTISEMENTUnder the deal, "the two parties will respect a truce until a final solution is found and they promise not to attack each other because they consider the principal enemy to be the Nussayri regime,” Agence France-Presse reported.Nussayri is a negative term for Syrian President Bashar al-Assad’s Alawite regime.
  • Moderate Syrian rebels and the Islamic State in Iraq and Syria (ISIS) reportedly struck a cease-fire deal on Friday, according to a group that has monitored Syria's civil war. The groups agreed to a non-aggression pact in which they promised not to attack each other.The development could influence members of Congress to vote “no” on an authorization to train and equip moderate rebel groups as early as next week. The White House has requested the authorization, but some lawmakers have already been skeptical the opposition groups can be trusted. The Syrian Observatory for Human Rights, a monitoring group based in the United Kingdom, said the groups reached the agreement in a suburb of Damascus, Syria’s capital.ADVERTISEMENTUnder the deal, "the two parties will respect a truce until a final solution is found and they promise not to attack each other because they consider the principal enemy to be the Nussayri regime,” Agence France-Presse reported.Nussayri is a negative term for Syrian President Bashar al-Assad’s Alawite regime.This comes as House lawmakers mull over the option to provide Obama with the authorization to train and arm the Syrian rebels. A vote on a short-term spending bill was delayed this week after the White House asked House Republicans to attach the authorization to the bill.
  • Moderate Syrian rebels and the Islamic State in Iraq and Syria (ISIS) reportedly struck a cease-fire deal on Friday, according to a group that has monitored Syria's civil war. The groups agreed to a non-aggression pact in which they promised not to attack each other.The development could influence members of Congress to vote “no” on an authorization to train and equip moderate rebel groups as early as next week. The White House has requested the authorization, but some lawmakers have already been skeptical the opposition groups can be trusted. The Syrian Observatory for Human Rights, a monitoring group based in the United Kingdom, said the groups reached the agreement in a suburb of Damascus, Syria’s capital.
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  • Under the deal, "the two parties will respect a truce until a final solution is found and they promise not to attack each other because they consider the principal enemy to be the Nussayri regime,” Agence France-Presse reported.Nussayri is a negative term for Syrian President Bashar al-Assad’s Alawite regime.This comes as House lawmakers mull over the option to provide Obama with the authorization to train and arm the Syrian rebels. A vote on a short-term spending bill was delayed this week after the White House asked House Republicans to attach the authorization to the bill.It’s possible GOP leaders might decide to hold a separate vote on the authorization to equip the rebels.  Some Republicans and Democrats have long called on the administration arm the rebels, but other lawmakers in both parties are afraid the weapons could wind up in the wrong hands. 
  • A spokesman for the family of slain journalist Steven Sotloff told CNN this week that Sotloff was captured by “so-called moderate rebels” in Syria and was sold to ISIS.ISIS militants released videos in the last month showing them beheading Sotloff and U.S. journalist James Foley. 
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    There go the rest of the "moderate" Syrian Opposition that Barack and Hillary want to train and arm to fight ISIL.
Paul Merrell

ISIS Beheadings on Cue from Washington and London? > Strategic-Culture.org - Strategic ... - 0 views

  • The macabre video executions have also overturned anti-war public feeling in the US. When Obama was planning to launch air strikes in Syria last year following the chemical weapons incident, polls showed that a big majority – 70 per cent – of Americans were opposed to any intervention. That opposition, plus the British parliament’s rejection, was a major factor in why Obama backed down then on his proposed military strikes during September 2013. But after the latest videos showing two American journalists being brutally slain, US public opinion, according to recent polls, is now strongly in favour of Obama’s anti-ISIS bombing coalition; not just operating in Iraq, but more significantly, the American public wants the coalition to go after ISIS inside Syria too. Thus, where the chemical weapons horror last year failed to convince the American public to give its approval for US air strikes in Syria, the beheading of American hostages has succeeded.
  • For Washington and its close London ally, the British public is a crucial constituency to also win over. It seems more than a coincidence that ISIS has now carried out the same sickening execution of a British national as it did with the two Americans. President Obama said after the videoed slaying of Briton David Haines that the US “stands shoulder-to-shoulder” with the British people. The question is this: are these shocking executions, with their highly stylised graphic videos, being used to manipulate public consent for Western military intervention in Syria? In that case, ISIS is not acting in some apparent rogue fashion, turning on its Western intelligence masters, but rather it is obeying orders as usual as part of a macabre charade to facilitate Western military intervention.
  • Once again, what we are seeing is a variation of “humanitarian pretext” to pave the way for the covert, ulterior agenda of Western-orchestrated regime change in foreign countries. That ploy was used previously by NATO forces in former Yugoslavia at the end of the 1990s and more recently in Libya during 2011. It is well documented that ISIS, IS or ISIL, is a terror network created by US, British and Saudi military intelligence going back to the early years of the Iraq War beginning in 2003, when the group played a vital role in fomenting sectarian strife in Iraq to the advantage of the Western occupying armies.The network has antecedents in Western collusion with radical Islamist mercenaries in Afghanistan during the 1980s against the former Soviet Union, which led to the formation of Al Qaeda, and also in Chechnya in the mid-1990s.
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  • ISIS leader Abu Bakr Baghdadi is known to be a US intelligence asset, according to a former senior Al Qaeda operative, Nabil Naim, among other sources. Former CIA personnel have also disclosed that ISIS, like Al Qaeda, was set up to further geopolitical goals for Washington and its allies in the Middle East. These goals include regime change in target countries, such as Syria, and perpetuating the money-spinning American military-industrial complex by creating an endless security threat. Officially, the network may be a proscribed terror organization and “an enemy of the state”. But in the underworld of black operations, ISIS is a covert instrument of US government and corporate interests.
  • Given the strategic importance of the US-led regime-change objective in Syria – and in particular the importance of obtaining public support for military intervention in that country – it is not beyond the realm of possibility that the ISIS network is carrying out beheadings of Western citizens on the orders of its handlers in the CIA and Britain’s MI6. Perhaps even, the outward political leadership in Washington and London, Obama and Cameron, are unaware of their own dark forces at work, which gives their public reactions of indignation an air of authenticity and credibility.
  • Indeed, the evident political consequences from the latest execution of Briton David Haines and Americans Jim Foley and Steven Sotloff are strongly indicative of a Western psychological operation. That makes Washington and London culpable of murdering their own citizens for geopolitical expediency. These victims are sacrificial lambs in the foulest sense.
Gary Edwards

The obscure legal system that lets corporations sue countries | Claire Provost and Matt... - 0 views

  • Every year on 15 September, thousands of Salvadorans celebrate the date when much of Central America gained independence from Spain. Fireworks are set off and marching bands parade through villages across the country. But, last year, in the town of San Isidro, in Cabañas, the festivities had a markedly different tone. Hundreds had gathered to protest against the mine. Gold mines often use cyanide to separate gold from ore, and widespread concern over already severe water contamination in El Salvador has helped fuel a powerful movement determined to keep the country’s minerals in the ground. In the central square, colourful banners were strung up, calling on OceanaGold to drop its case against the country and leave the area. Many were adorned with the slogan, “No a la mineria, Si a la vida” (No to mining, Yes to life). On the same day, in Washington DC, Parada gathered his notes and shuffled into a suite of nondescript meeting rooms in the World Bank’s J building, across the street from its main headquarters on Pennsylvania Avenue. This is the International Centre for the Settlement of Investment Disputes (ICSID): the primary institution for handling the cases that companies file against sovereign states. (The ICSID is not the sole venue for such cases; there are similar forums in London, Paris, Hong Kong and the Hague, among others.) The date of the hearing was not a coincidence, Parada said. The case has been framed in El Salvador as a test of the country’s sovereignty in the 21st century, and he suggested that it should be heard on Independence Day. “The ultimate question in this case,” he said, “is whether a foreign investor can force a government to change its laws to please the investor as opposed to the investor complying with the laws they find in the country.”
  • Most international investment treaties and free-trade deals grant foreign investors the right to activate this system, known as investor-state dispute settlement (ISDS), if they want to challenge government decisions affecting their investments. In Europe, this system has become a sticking point in negotiations over the controversial Transatlantic Trade and Investment Partnership (TTIP) deal proposed between the European Union and the US, which would massively extend its scope and power and make it harder to challenge in the future. Both France and Germany have said that they want access to investor-state dispute settlement removed from the TTIP treaty currently under discussion. Investors have used this system not only to sue for compensation for alleged expropriation of land and factories, but also over a huge range of government measures, including environmental and social regulations, which they say infringe on their rights. Multinationals have sued to recover money they have already invested, but also for alleged lost profits and “expected future profits”. The number of suits filed against countries at the ICSID is now around 500 – and that figure is growing at an average rate of one case a week. The sums awarded in damages are so vast that investment funds have taken notice: corporations’ claims against states are now seen as assets that can be invested in or used as leverage to secure multimillion-dollar loans. Increasingly, companies are using the threat of a lawsuit at the ICSID to exert pressure on governments not to challenge investors’ actions.
  • “I had absolutely no idea this was coming,” Parada said. Sitting in a glass-walled meeting room in his offices, at the law firm Foley Hoag, he paused, searching for the right word to describe what has happened in his field. “Rogue,” he decided, finally. “I think the investor-state arbitration system was created with good intentions, but in practice it has gone completely rogue.”
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  • The quiet village of Moorburg in Germany lies just across the river from Hamburg. Past the 16th-century church and meadows rich with wildflowers, two huge chimneys spew a steady stream of thick, grey smoke into the sky. This is Kraftwerk Moorburg, a new coal-fired power plant – the village’s controversial next-door neighbour. In 2009, it was the subject of a €1.4bn investor-state case filed by Vattenfall, the Swedish energy giant, against the Federal Republic of Germany. It is a prime example of how this powerful international legal system, built to protect foreign investors in developing countries, is now being used to challenge the actions of European governments as well. Since the 1980s, German investors have sued dozens of countries, including Ghana, Ukraine and the Philippines, at the World Bank’s Centre in Washington DC. But with the Vattenfall case, Germany found itself in the dock for the first time. The irony was not lost on those who considered Germany to be the grandfather of investor-state arbitration: it was a group of German businessmen, in the late 1950s, who first conceived of a way to protect their overseas investments as a wave of developing countries gained independence from European colonial powers. Led by Deutsche Bank chairman Hermann Abs, they called their proposal an “international magna carta” for private investors.
  • In the 1960s, the idea was taken up by the World Bank, which said that such a system could help the world’s poorer countries attract foreign capital. “I am convinced,” the World Bank president George Woods said at the time, “that those … who adopt as their national policy a welcome [environment] for international investment – and that means, to mince no words about it, giving foreign investors a fair opportunity to make attractive profits – will achieve their development objectives more rapidly than those who do not.” At the World Bank’s 1964 annual meeting in Tokyo, it approved a resolution to set up a mechanism for handling investor-state cases. The first line of the ICSID Convention’s preamble sets out its goal as “international cooperation for economic development”. There was sharp opposition to this system from its inception, with a bloc of developing countries warning that it would undermine their sovereignty. A group of 21 countries – almost every Latin American country, plus Iraq and the Philippines – voted against the proposal in Tokyo. But the World Bank moved ahead regardless. Andreas Lowenfeld, an American legal academic who was involved in some of these early discussions, later remarked: “I believe this was the first time that a major resolution of the World Bank had been pressed forward with so much opposition.”
  • now governments are discovering, too late, the true price of that confidence. The Kraftwerk Moorburg plant was controversial long before the case was filed. For years, local residents and environmental groups objected to its construction, amid growing concern over climate change and the impact the project would have on the Elbe river. In 2008, Vattenfall was granted a water permit for its Moorburg project, but, in response to local pressure, local authorities imposed strict environmental conditions to limit the utility’s water usage and its impact on fish. Vattenfall sued Hamburg in the local courts. But, as a foreign investor, it was also able to file a case at the ICSID. These environmental measures, it said, were so strict that they constituted a violation of its rights as guaranteed by the Energy Charter Treaty, a multilateral investment agreement signed by more than 50 countries, including Sweden and Germany. It claimed that the environmental conditions placed on its permit were so severe that they made the plant uneconomical and constituted acts of indirect expropriation.
  • With the rapid growth in these treaties – today there are more than 3,000 in force – a specialist industry has developed in advising companies how best to exploit treaties that give investors access to the dispute resolution system, and how to structure their businesses to benefit from the different protections on offer. It is a lucrative sector: legal fees alone average $8m per case, but they have exceeded $30m in some disputes; arbitrators’ fees at start at $3,000 per day, plus expenses.
  • Vattenfall v Germany ended in a settlement in 2011, after the company won its case in the local court and received a new water permit for its Moorburg plant – which significantly lowered the environmental standards that had originally been imposed, according to legal experts, allowing the plant to use more water from the river and weakening measures to protect fish. The European Commission has now stepped in, taking Germany to the EU Court of Justice, saying its authorisation of the Moorburg coal plant violated EU environmental law by not doing more to reduce the risk to protected fish species, including salmon, which pass near the plant while migrating from the North Sea. A year after the Moorburg case closed, Vattenfall filed another claim against Germany, this time over the federal government’s decision to phase out nuclear power. This second suit – for which very little information is available in the public domain, despite reports that the company is seeking €4.7bn from German taxpayers – is still ongoing. Roughly one third of all concluded cases filed at the ICSID are recorded as ending in “settlements”, which – as the Moorburg dispute shows – can be very profitable for investors, though their terms are rarely fully disclosed.
  • “It was a total surprise for us,” the local Green party leader Jens Kerstan laughed, in a meeting at his sunny office in Hamburg last year. “As far as I knew, there were some [treaties] to protect German companies in the [developing] world or in dictatorships, but that a European company can sue Germany, that was totally a surprise to me.”
  • While a tribunal cannot force a country to change its laws, or give a company a permit, the risk of massive damages may in some cases be enough to persuade a government to reconsider its actions. The possibility of arbitration proceedings can be used to encourage states to enter into meaningful settlement negotiations.
  • A small number of countries are now attempting to extricate themselves from the bonds of the investor-state dispute system. One of these is Bolivia, where thousands of people took to the streets of the country’s third-largest city, Cochabamba, in 2000, to protest against a dramatic hike in water rates by a private company owned by Bechtel, the US civil engineering firm. During the demonstrations, the Bolivian government stepped in and terminated the company’s concession. The company then filed a $50m suit against Bolivia at the ICSID. In 2006, following a campaign calling for the case to be thrown out, the company agreed to accept a token payment of less than $1. After this expensive case, Bolivia cancelled the international agreements it had signed with other states giving their investors access to these tribunals. But getting out of this system is not easily done. Most of these international agreements have sunset clauses, under which their provisions remain in force for a further 10 or even 20 years, even if the treaties themselves are cancelled.
  • There are now thousands of international investment agreements and free-trade acts, signed by states, which give foreign companies access to the investor-state dispute system, if they decide to challenge government decisions. Disputes are typically heard by panels of three arbitrators; one selected by each side, and the third agreed upon by both parties. Rulings are made by majority vote, and decisions are final and binding. There is no appeals process – only an annulment option that can be used on very limited grounds. If states do not pay up after the decision, their assets are subject to seizure in almost every country in the world (the company can apply to local courts for an enforcement order).
  • While there is no equivalent of legal aid for states trying to defend themselves against these suits, corporations have access to a growing group of third-party financiers who are willing to fund their cases against states, usually in exchange for a cut of any eventual award.
  • Increasingly, these suits are becoming valuable even before claims are settled. After Rurelec filed suit against Bolivia, it took its case to the market and secured a multimillion-dollar corporate loan, using its dispute with Bolivia as collateral, so that it could expand its business. Over the last 10 years, and particularly since the global financial crisis, a growing number of specialised investment funds have moved to raise money through these cases, treating companies’ multimillion-dollar claims against states as a new “asset class”.
  • El Salvador has already spent more than $12m defending itself against Pacific Rim, but even if it succeeds in beating the company’s $284m claim, it may never recover these costs. For years Salvadoran protest groups have been calling on the World Bank to initiate an open and public review of ICSID. To date, no such study has been carried out. In recent years, a number of ideas have been mooted to reform the international investor-state dispute system – to adopt a “loser pays” approach to costs, for example, or to increase transparency. The solution may lie in creating an appeals system, so that controversial judgments can be revisited.
  • Brazil has never signed up to this system – it has not entered into a single treaty with these investor-state dispute provisions – and yet it has had no trouble attracting foreign investment.
  •  
    "Luis Parada's office is just four blocks from the White House, in the heart of K Street, Washington's lobbying row - a stretch of steel and glass buildings once dubbed the "road to riches", when influence-peddling became an American growth industry. Parada, a soft-spoken 55-year-old from El Salvador, is one of a handful of lawyers in the world who specialise in defending sovereign states against lawsuits lodged by multinational corporations. He is the lawyer for the defence in an obscure but increasingly powerful field of international law - where foreign investors can sue governments in a network of tribunals for billions of dollars. Fifteen years ago, Parada's work was a minor niche even within the legal business. But since 2000, hundreds of foreign investors have sued more than half of the world's countries, claiming damages for a wide range of government actions that they say have threatened their profits. In 2006, Ecuador cancelled an oil-exploration contract with Houston-based Occidental Petroleum; in 2012, after Occidental filed a suit before an international investment tribunal, Ecuador was ordered to pay a record $1.8bn - roughly equal to the country's health budget for a year. (Ecuador has logged a request for the decision to be annulled.) Parada's first case was defending Argentina in the late 1990s against the French conglomerate Vivendi, which sued after the Argentine province of Tucuman stepped in to limit the price it charged people for water and wastewater services. Argentina eventually lost, and was ordered to pay the company more than $100m. Now, in his most high-profile case yet, Parada is part of the team defending El Salvador as it tries to fend off a multimillion-dollar suit lodged by a multinational mining company after the tiny Central American country refused to allow it to dig for gold."
Paul Merrell

McCain calls for dramatic increase in US airstrikes against Islamic State - Yahoo News ... - 0 views

  • (Reuters) - Republican Senator John McCain called on Wednesday for a dramatic increase in U.S. airstrikes against Islamic State targets in Iraq and said the attacks should also extend into Syria. McCain told Reuters that the beheading of American journalist James Foley by Islamic State militants should serve as a turning point for President Barack Obama's deliberations on how to deal with the group. "First of all, you've got to dramatically increase the airstrikes. And those airstrikes have to be devoted to Syria as well," McCain said in a telephone interview. Of the video of Foley's beheading, McCain said: "I don't think there's any doubt that this horrible video on the Internet is bound to have an impact on the American people. The nature of the brutality of this organization has been brought home by this." McCain said hitting Islamic State targets in Syria is necessary because the militants have captured military equipment in the Iraqi city of Mosul which they seized in June and moved it into enclaves inside Syria. "We have to defeat them, not stop them," he said.
  • The Arizona senator also said the United States should arm Iraqi Kurds and help arrange a reconciliation between Shi'ites and Sunnis in Iraq.
  •  
    What I'm still waiting to hear from the hawks is any kind of plan with a shot at achieving either a victory that also includes an exit strategy. Fact: the last major war the U.S. won was against Japan in 1945. Since then, the U.S. has been defeated in every major war, Korea, Viet Nam, Iraq, and Afghanistan. I also want to hear a reasonable plan for funding such a war. Until I see those details filled in, I hear nothing but a politics of fear call for government subsidization of the military/industrial complex. As though we could afford it.  
Paul Merrell

Land Destroyer: ISIS: Region-wide Genocide Portended in 2007 Now Fully Realized - 0 views

  • American journalist James Wright Foley was allegedly brutally murdered on video by terrorists of the Islamic State in Syria and Iraq (ISIS). The development would at first appear to portray a terrorist organization openly declaring itself an enemy of the West, but in reality, it is the latest attempt by the West itself to cover up the true genesis of the current region-wide catastrophe of its own creation now unfolding in the Middle East.  As early as 2007, the stage was being set for the regional genocide now unfolding from Syria and Lebanon along the Mediterranean to northern Iraq. The "sudden" appearance of the Islamic State of Syria and Iraq, otherwise known as ISIS, betrays years of its rise and the central part it played in Western-backed violence seeking to overthrow the government of Syria starting in 2011 amid the cover of the so-called "Arab Spring." 
  •  
    Yup. Tony Cartalucci into the breach again, pulling together the pieces to show that the Islamic Caliphate is the creation of the U.S. and its allies in the Mideast. This should be read together with another Cartalucci article at http://journal-neo.org/2014/08/20/staged-provocations-ahead-possible-us-syrian-war/ Yet another false flag maneuver by the War Party to keep the money pump flowing to the military-industrial complex and the banksters. 
Paul Merrell

Isis gains in Syria put pressure on west to deliver more robust response | World news |... - 0 views

  • As US aircraft continued to pound the Islamist militants in northern Iraq, the Obama administration was studying a range of options for pressuring Isis in Syria, primarily through training "moderate" Syrian rebels as a proxy force, with air strikes as a possible backup.
  • The favoured option, according to two administration officials, is to press forward with a training mission, led by elite special operations forces, aimed at making non-jihadist Syrians an effective proxy force. But the rebels are outgunned and outnumbered by Isis and the administration still has not received $500m from Congress for its rebel training plans. Pentagon officials said they had yet to work out what the training program would actually look like, where it will be hosted, or if air strikes on Isis targets in Syria will support it. For all the internal administration focus on propping up moderate Syrian rebels, the US military would not be able to begin training them until October, the earliest that Congressional approval could be obtained for the required funding and authorisation. Kirby said he was unaware of any "plan to accelerate it". Nor have critical details for the training program been worked out, despite it being effectively the lynchpin of what the administration considers a long-term plan to defeat Isis. "I can't tell you where it would take place, or how many people would be trained, and there's still a vetting process that needs to be fully developed here," Kirby conceded.
  • the White House went further than before in its condemnation of Isis, describing the killing of Foley as an act of terrorism. "When we see somebody killed in such a horrific way, that represents a terrorist attack against our country and against an American citizen, Rhodes said, saying the US would do whatever necessary to protect Americans in future."We are actively considering what is necessary to deal with that threat and we are not going to be restricted by borders," said Rhodes, briefing reporters at Martha's Vineyard, where the president is on vacation.
  •  
    That is not a winning strategy. The Free Syrian Army has been a joke from the beginning, a largely fictional entity composed of "moderates" used as political cover for the U.S. to smuggle weapons to mercenaries paid by Saudi Arabia that operated under the "Al Nusrah" flag. Most of Al Nusrah and the FSF joined ISIS after the U.S. attack on Syria was called off last year. The real "moderates" in Syria are fighting for the Syrian government. So I view this "strategy" as mere window dressing so the Obama Administration can claim that it has one. 
  •  
    That is not a winning strategy. The Free Syrian Army has been a joke from the beginning, a largely fictional entity composed of "moderates" used as political cover for the U.S. to smuggle weapons to mercenaries paid by Saudi Arabia that operated under the "Al Nusrah" flag. Most of Al Nusrah and the FSF joined ISIS after the U.S. attack on Syria was called off last year. The real "moderates" in Syria are fighting for the Syrian government. So I view this "strategy" as mere window dressing so the Obama Administration can claim that it has one. 
Paul Merrell

News Roundup and Notes: September 11, 2014 | Just Security - 0 views

  • In a highly anticipated address last night, President Barack Obama authorized a significant expansion of the U.S. campaign to “degrade and ultimately destroy” the Islamic State in Iraq and Syria, backed by a broad coalition of allies. His four-part strategy against ISIS will involve a “systematic campaign of airstrikes” against the militants “wherever they are,” including Syria; the deployment of an additional 475 advisers to Iraq; and new support for the moderate Syrian opposition. Obama sought to distinguish his campaign from the wars in Iraq and Afghanistan, likening the mission to U.S. strikes against suspected terrorists in Yemen and Somalia [Reuters’ Steve Holland and Roberta Rampton; Washington Post’s Juliet Eilperin and Ed O’Keefe]. Saudi Arabia has agreed to provide a training base for moderate Syrian opposition fighters—which forms part of the president’s strategy—following an American request [New York Times’ Michael R. Gordon and Eric Schmitt].
  • Lauren French [Politico] discusses the mixed reactions to Obama’s speech on the Hill. The Syrian National Coalition, the main Western-supported opposition group, issued a statement yesterday welcoming President Obama’s announcement that the U.S. would conduct airstrikes targeting the Islamic State in Syria [Associated Press]. Australia and Japan also expressed their support for the president’s strategy this morning [Wall Street Journal’s Rob Taylor and Alexander Martin]. However, there has been a “muted response” to Obama’s address from Arab states in the Gulf region [Wall Street Journal’s Rory Jones].
  • Reuters (David Lawder and Patricia Zengerle) reports that U.S. lawmakers are considering a congressional vote on President Obama’s plan, but several Republicans want further information on the strategy to battle global terrorism, while many would prefer a vote wider than one focused solely on funding for the Syrian opposition. And The Daily Beast (Josh Rogin and Tim Mak) writes that Democrats are ready to approve Obama’s request for $5 billion to counter terrorism, despite the lack of details on how the money would be used. The Wall Street Journal (Julian E. Barnes and Siobhan Gorman) focuses on the president’s plan to rely on U.S.-trained local forces to battle the Islamic State, noting America’s “poor track record” of relying on local forces in Iraq and Libya.
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  • The New York Times’ Charlie Savage discusses the president’s reliance on existing authorization for his campaign against ISIS, although Obama indicated in his speech that he would “welcome congressional support” for this operation. Eli Lake [The Daily Beast] and Spencer Ackerman [The Guardian] also explore the legality of the administration’s expanded mission against ISIS. Politico (Jake Sherman and John Bresnahan) notes that Obama’s urgent request for authorization to equip and train moderate Syrian rebels “is scrambling delicate plans on Capitol Hill less that two months before the midterm elections.”
  • Peter Baker [New York Times] suggests that Obama’s new course is likely to extend “a legacy of war,” and could leave the president’s successor with “a volatile and incomplete war, much as his predecessor left one for him.” The New York Times editorial board weighs the strengths and weaknesses of the president’s strategy, suggesting that the authorization of strikes in Syria was a decision in which he “had little choice militarily or politically.” The Wall Street Journal editorial board suggests that Obama’s “biggest obstacle … will be his own ambivalence about American military force.” And the Washington Post editorial board calls on Congress to take a supportive view, stating that “[c]ongressional and public debate are especially necessary to help strengthen those parts of Mr. Obama’s strategy that remain open to question.” Edward-Isaac Dovere and Josh Gerstein [Politico] provide an analysis of the “speech Obama didn’t want to give.”
  • In other developments, the U.S. military conducted an airstrike on Tuesday in support of Iraqi Security Forces’ efforts to defend Erbil [Central Command]. The Washington Post (Adam Goldman) reports that a senior intelligence official told Congress yesterday that the Department of Homeland Security is “unaware of any specific credible threat to the U.S. homeland” from the Islamic State.     Al Jazeera has learned that the 45 UN peacekeepers from Fiji held by the Nusra Front rebel group in the Golan Heights have been released. An international watchdog has reported that chlorine gas was used as a chemical weapon in northern Syria earlier this year, in an attack that only the Assad regime could have the ability to conduct [Wall Street Journal’s Naftali Bendavid].
  • Murtaza Hussein [The Intercept] reports on the assassination of one of Syria’s top anti-ISIS rebel leaders, suggesting that the group was one of “Obama’s best hope[s]” and that the U.S. must now consider aligning itself with Iran. A young woman from Colorado pleaded guilty yesterday to conspiring to assist ISIS, after she was arrested attempting to travel to Syria [New York Times’ Emma G. Fitzsimons]. Peter Mass [The Intercept] argues why the American government should not have censored the media from hosting the videos of the beheadings of American journalists James Foley and Steven Sotloff.
Paul Merrell

How the US Armed-up Syrian Jihadists - Consortiumnews - 0 views

  • “No one on the ground believes in this mission or this effort”, a former Green Beret writes of America’s covert and clandestine programs to train and arm Syrian insurgents, “they know we are just training the next generation of jihadis, so they are sabotaging it by saying, ‘Fuck it, who cares?’”. “I don’t want to be responsible for Nusra guys saying they were trained by Americans,” the Green Beret added. In a detailed report, US Special Forces Sabotage White House Policy gone Disastrously Wrong with Covert Ops in Syria, Jack Murphy, himself a former Green Beret (U.S. Special Forces), recounts a former CIA officer having told him how the “the Syria covert action program is [CIA Director John] Brennan’s baby …Brennan was the one who breathed life into the Syrian Task Force … John Brennan loved that regime-change bullshit.”
  • “No one on the ground believes in this mission or this effort”, a former Green Beret writes of America’s covert and clandestine programs to train and arm Syrian insurgents, “they know we are just training the next generation of jihadis, so they are sabotaging it by saying, ‘Fuck it, who cares?’”. “I don’t want to be responsible for Nusra guys saying they were trained by Americans,” the Green Beret added. In a detailed report, US Special Forces Sabotage White House Policy gone Disastrously Wrong with Covert Ops in Syria, Jack Murphy, himself a former Green Beret (U.S. Special Forces), recounts a former CIA officer having told him how the “the Syria covert action program is [CIA Director John] Brennan’s baby …Brennan was the one who breathed life into the Syrian Task Force … John Brennan loved that regime-change bullshit.”
  • In gist, Murphy tells the story of U.S. Special Forces under one Presidential authority, arming Syrian anti-ISIS forces, whilst the CIA, obsessed with overthrowing President Bashar al-Assad, and operating under a separate Presidential authority, conducts a separate and parallel program to arm anti-Assad insurgents. Murphy’s report makes clear the CIA disdain for combatting ISIS (though this altered somewhat with the beheading of American journalist James Foley in August 2014): “With the CIA wanting little to do with anti-ISIS operations as they are focused on bringing down the Assad regime, the agency kicked the can over to 5th Special Forces Group. Basing themselves out of Jordan and Turkey” — operating under “military activities” authority, rather than under the CIA’s coveted Title 50 covert action authority. The “untold story,” Murphy writes, is one of abuse, as well as bureaucratic infighting, which has only contributed to perpetuating the Syrian conflict.
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  • But it is not the “turf wars,” nor the “abuse and waste,” which occupies the central part of Murphy’s long report, that truly matters; nor even the contradictory and self-defeating nature of U.S. objectives pursued. Rather, the report tells us quite plainly why the attempted ceasefires have failed (although this is not explicitly treated in the analysis), and it helps explain why parts of the U.S. Administration (Defense Secretary Ashton Carter and CIA Director Brenner) have declined to comply with President Obama’s will – as expressed in the diplomatic accord (the recent ceasefire) reached with the Russian Federation. The story is much worse than that hinted in Murphy’s title: it underlies the present mess which constitutes relations between the U.S. and Russia, and the collapse of the ceasefire.
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