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Most Americans, their minds focused at the moment on the tragic slaughter of 20 young children aged 5 and 6, along with five teachers and a school principal in Connecticut by a heavily-armed psychotic 21-year-old, are blissfully unaware that their previous president, George W. Bush, along with five key members of his administration, were recently convicted in absentia of war crimes at a tribunal in Kuala Lumpur, Malaysia. They are unaware because the US corporate media have ignored the story, just as that same corporate media have failed to note that the crimes of which Bush, Vice President Dick Cheney, former Defense Secretary Donald Rumsfeld and five White House lawyers, were convicted all could apply equally well to current President Barack Obama and his administration. Bush, Cheney, White House counsel (and later Attorney General) Alberto Gonzalez and others were found guilty earlier this month of war crimes and crimes against humanity relating to the executive orders that launched the wars against Iraq and Afghanistan, as well as of authorizing and failing to punish torture and other war crimes by US forces, including the military and the CIA.

But as international law expert Francis Boyle, a professor of law at the University of Illinois, notes, under the Geneva Convention, failing to take action to prosecute those guilty of war crimes such as the “Crime against Peace” (invading a country that does not pose an imminent threat to the attacker), and torture, are war crimes in and of themselves. Speaking last week at a Summit Conference on Human Rights held at the University of the Sacred Heart in the US island colony of Puerto Rico, Boyle said US authorities, including President Obama, are engaged in an “ongoing criminal conspiracy under international law” both to cover up and protect criminals like Bush, Cheney and Rumsfeld, and to continue the commission of war crimes by the US government.

Obama, when initially campaigning in 2008 for the presidency, vowed that he wanted to restore the respect for the law and the Constitution, once elected President, he and his attorney general Eric Holder quickly made it clear that they were “looking forward, not backward,” and that there would be no prosecutions or indictments for war crimes of any Bush administration people.   The thing is, at that moment, both President Obama and AG Holder became war criminals themselves under the UN Charter and the Nuremberg Principles, which declare that covering up war crimes by prior government and military leaders, and failure to prosecute such war crimes, are in themselves war crimes.

America loses all its wars because it seems we’ve always been on the wrong side of history. Morally nor legally should any nation have the right to invade and occupy another sovereign nation, much less believe it can achieve victory in long, protracted wars. Yet in violation of all ethical precepts and all international laws, the sole global superpower citing its impunity through exceptionalism hypocritically insists it can maintain its moral high ground in its relentless pursuit of regime changes anywhere it so chooses on earth. We are the global village bully that’s hated by much of the world. And it’s pure self-aggrandizing bullshit to perpetrate the myth that America is hated because of our “freedom,” another rhetorical brainwashing lie. We now live in a fascist totalitarian police state run by a globalized crime syndicate of the central banking cabal. As of last April per a Princeton-Northwestern study the US has officially been designated an oligarchy. Last year after a group of ethnic Russians living in Crimea voted to become part of Russia, the Russian military claimed control over its own naval base there that the US-NATO had been lusting to steal after the unlawful overthrow of Ukraine’s democratically elected sovereign government. Ever since it’s been nonstop lies and propaganda propagated to demonize Putin as the aggressor when in fact all along it’s the American Empire that’s been recklessly pushing what could end up World War III against nuclear powered Russia. With US-NATO missiles installed on Russia’s doorstep in virtually every former Soviet eastern bloc nation, hemming Russia in, who’s really the aggressor here?

Meanwhile, despite costing US taxpayers up to six trillion dollars and counting in Iraq alone and another trillion so far in Afghanistan in this age of increasing austerity, the albeit detached reverence for the US military and its abysmal losing war record fail to draw much notice or reflection, much less any real criticism or troubleshooting that might correct the same pattern of mistakes being repeated indefinitely. Another article in the same issue calls for resurrecting the draft as the feeble answer, something my ex-West Point roommate-former Afghan Ambassador-retired general and current Council on Foreign Relations (CFR) member Karl Eikenberry has also publicly advocated. They are all missing the point, unwilling or unable to address the pink elephant in the global room. Respected author-activist David Swanson wrote an incisive rebuttal also confronting the Atlantic article for not answering the obvious question of why America loses at war. He makes the excellent point: The U.S. has killed huge numbers of men, women, and children, made itself hated, made the world more dangerous, destroyed the environment, discarded civil liberties, and wasted trillions of dollars that could have done a world of good spent otherwise. A draft would do nothing to make people aware of that situation. But Swanson merely glides over as a passing fact that the ruling elite is the only entity that stands to gain from war. He fails to emphasize that it is the elite’s power, money and influence that both initiates, but then by calculated design, willfully sabotages the chance of any US military victory after World War II. The reason is simple. If the US triumphed in war it would only delay the totalitarian New World Order from materialization. Only a weakened United States would expeditiously promote a one world government.

As a brief historical review tracing events from the dawn of the twentieth century, media mogul Randolph Hearst used the false flag of the Spanish American War to “remember the USS Maine” sinking in the 1898 Havana harbor as its deceitful justification to ruthlessly, violently colonize Cuba and the Philippines, committing ethnic cleansing with estimates as high as near a half million dead Filipinos in that bloodbath. Then it was the “great” English statesman Winston Churchill who plotted the sinking of the Lusitania killing nearly 1200 of his own British citizens (along with 128 Americans) as the baited sacrifice secretly carrying arms to ignite the First World War that was supposed to end all wars.

Israeli Prime Minister Benjamin Netanyahu is reportedly urging U.S. lawmakers to protect his country from Palestinian claims that Israel engaged in “war crimes” during recent Gaza fighting that left nearly 1,900 Palestinians dead. A top Israeli lawmaker told The New York Post that Netanyahu is urging U.S. lawmakers to “help Israel avoid war crimes charges.” The Israeli leader is reportedly appealing to American legislators to resist a seemingly global backlash against the Gaza fighting, saying that Israel took “extraordinary measures” to avoid civilian deaths in the recent month-long conflict.

Israeli Prime Minister Benjamin Netanyahu is reportedly urging U.S. lawmakers to protect his country from Palestinian claims that Israel engaged in “war crimes” during recent Gaza fighting that left nearly 1,900 Palestinians dead. A top Israeli lawmaker told The New York Post that Netanyahu is urging U.S. lawmakers to “help Israel avoid war crimes charges.” The Israeli leader is reportedly appealing to American legislators to resist a seemingly global backlash against the Gaza fighting, saying that Israel took “extraordinary measures” to avoid civilian deaths in the recent month-long conflict.

Israeli Prime Minister Benjamin Netanyahu is reportedly urging U.S. lawmakers to protect his country from Palestinian claims that Israel engaged in “war crimes” during recent Gaza fighting that left nearly 1,900 Palestinians dead. A top Israeli lawmaker told The New York Post that Netanyahu is urging U.S. lawmakers to “help Israel avoid war crimes charges.” The Israeli leader is reportedly appealing to American legislators to resist a seemingly global backlash against the Gaza fighting, saying that Israel took “extraordinary measures” to avoid civilian deaths in the recent month-long conflict. According to Gaza officials, three-quarters of the 1,900 Palestinians killed in the fighting were civilians, although Israeli Defense Forces have stressed that Hamas has intentionally used civilians as human shields. Three Israeli civilians and 64 Israeli soldiers have also been killed in the Gaza conflict. Netanyahu said that “90percent of the fatalities could have been avoided had Hamas not rejected the ceasefire it accepts now,” according to The Post.

An American military attack on Syria could begin as early as Thursday and will involve three days of missile strikes, according to "senior U.S. officials" talking to NBC News. The Washington Post has the bombing at "no more than two days," though long-range bombers could "possibly" join the missiles. "Factors weighing into the timing of any action include a desire to get it done before the president leaves for Russia next week," reports CNN, citing a "senior administration official." The New York Times, quoting a Pentagon official, adds that "the initial target list has fewer than 50 sites, including air bases where Syria's Russian-made attack helicopters are deployed." The Times adds that "like several other military officials contacted for this report, the official agreed to discuss planning options only on condition of anonymity." Thus do the legal and moral requirements of secret military operations lose out in this Administration to the imperatives of in-the-know spin and political gestures.

It's always possible that all of this leaking about when, how and for how long the U.S. will attack Syria is an elaborate head-fake, like Patton's ghost army on the eve of D-Day, poised for the assault on Calais. But based on this Administration's past behavior, such as the leaked bin Laden raid details, chances are most of this really is the war plan. Which makes us wonder why the Administration even bothers to pursue the likes of Edward Snowden when it is giving away its plan of attack to anyone in Damascus with an Internet connection. The answer, it seems, is that the attack in Syria isn't really about damaging the Bashar Assad regime's capacity to murder its own people, much less about ending the Assad regime for good. "I want to make clear that the options that we are considering are not about regime change," White House spokesman Jay Carney said Tuesday. Translation: We're not coming for you, Bashar, so don't worry. And by the way, you might want to fly those attack choppers off base, at least until next week.

So what is the purpose of a U.S. attack? Mr. Carney elaborated that it's "about responding to [a] clear violation of an international standard that prohibits the use of chemical weapons." He added that the U.S. had a national security interest that Assad's use of chemical weapons "not go unanswered." This is another way of saying that the attacks are primarily about making a political statement, and vindicating President Obama's ill-considered promise of "consequences," rather than materially degrading Assad's ability to continue to wage war against his own people. It should go without saying that the principal purpose of a military strike is to have a military effect. Political statements can always be delivered politically, and U.S. airmen should not be put in harm's way to deliver what amounts to an extremely loud diplomatic demarche. That's especially so with a "do something" strike that is, in fact, deliberately calibrated to do very little. We wrote Tuesday that there is likely to be no good outcome in Syria until Assad and his regime are gone. Military strikes that advance that goal—either by targeting Assad directly or crippling his army's ability to fight—deserve the support of the American people and our international partners. That's not what this Administration seems to have in mind.

The sense of pride expressed by officials of the Obama administration at the release of Army Sgt. Bowe Bergdahl is not shared by many of those who served with him: veterans and soldiers who call him a deserter whose "selfish act" ended up costing the lives of better men.

As I noted in an earlier post, Nathan Smith, a U.S. Army captain deployed to Kuwait as part of the campaign against ISIL, Operation Inherent Resolve, has sued the President, seeking a declaration that Congress has not authorized the hostilities in Iraq and Syria and that therefore the War Powers Resolution requires the President to remove U.S. forces from hostilities in those nations. On Tuesday, the Department of Justice filed a motion to dismiss the case. Its brief in support of the motion includes one argument that I think is correct (albeit not for all the reasons the government offers) — namely, that Smith lacks standing to sue. That ought to be sufficient to have the case dismissed. The brief also includes an argument on the merits (albeit not designated as such) that is very interesting and potentially important — an account of how Congress has allegedly authorized Inherent Resolve in three ways: (i) in the 2001 AUMF; (ii) in the 2002 AUMF; and (iii) in current appropriations statutes. The heart of the brief, however, is devoted to a third argument — that Judge Koller-Kotelly must dismiss the case on the basis of the political question doctrine — that is not only wrong, but that simply ignores the Supreme Court’s recent (and repeated) repudiation of that very argument.

On page 39 of its 45-page brief, the government finally gets around to the reason why the court should dismiss the complaint: Smith lacks standing. Importantly, Smith’s theory of standing is not that he — an Army captain deployed to perform intelligence services in Kuwait — is more likely to be injured or killed by virtue of the President’s decision to deploy troops into hostilities in Iraq and Syria. It is, instead, that the President’s alleged failure to comply with the War Powers Act results in Captain Smith’s own violation of his officer’s oath to “support and defend” the Constitution “against all enemies, foreign and domestic,” and to “bear true faith and allegiance” to the Constitution.

The government’s standing argument begins (p. 35) by suggesting that “[p]laintiff’s claim that he is being forced to betray his oath is insufficient to establish standing because the violation of an oath, by itself, is not an injury in fact.” The cases the government cites for that proposition, however, do not say that a forced oath violation would not be an injury in fact — and that’s not a question the judge needs to resolve. What the cases establish, instead, is the point the government finally argues at page 39 — namely, that a government officer does not violate his oath by complying with superiors’ orders, even if it turns out that the law prohibits the military operation in which those orders are issued. Indeed, Smith would not violate his oath of office even if his superiors’ orders themselves were unauthorized, or if the intelligence activities he is ordered to performed were unauthorized. But he does not allege even those things (as I discuss below, he does not, for instance, alleged that he is being ordered to do anything unlawful). Instead, he merely argues that because President Obama should have withdrawn troops from Syria and Iraq 60 days after their deployment, Smith himself is violating his oath to “bear true faith and allegiance to the Constitution.” This is a non sequitur: Even if Smith is right that the continuation of Operation Inherent Resolve is unlawful, that would not mean that he is acting in violation of his oath. (Much more on this in my earlier post.) And that simple fact is reason enough for Judge Koller-Kotelly to dismiss the case.

In a replay of the last major Gaza conflict, human rights defenders are again accusing Israel and Hamas of violating the rules of war, pointing to what they say appear to be indiscriminate or deliberate attacks on civilians.In 2009, such war crimes allegations leveled by U.N. investigators - and denied by both sides at the time - never came close to reaching the International Criminal Court.Some Palestinians hope the outcome will be different this time, in part because President Mahmoud Abbas, as head of a U.N.-recognized state of Palestine, has since earned the right to turn directly to the court.Still, the road to the ICC, set up in 2002 to prosecute war crimes, is filled with formidable political obstacles.

Israel and the United States strongly oppose bringing any possible charges stemming from the Israeli-Palestinian conflict before the court, arguing such proceedings could poison the atmosphere and make future peace talks impossible.If Abbas seeks a war crimes investigation of Israel, he could lose Western support and expose Hamas - a major Palestinian player - to the same charges.

Unlike in 2009, Abbas has the option of turning to the court directly because of the upgrade in legal standing awarded by the U.N. General Assembly in 2012. At the time, the assembly recognized "Palestine" in the West Bank, Gaza and east Jerusalem as a non-member observer state, meeting the ICC requirement of accepting requests for jurisdiction from states over crimes committed in their territory.After 20 years of failed negotiations with Israel, many Palestinians believe the ICC offers the only opportunity to hold Israel accountable, not only for Gaza military operations, but for continued expansion of settlement-building on occupied lands. With daily scenes of Gaza carnage, the West Bank-based Abbas is under growing pressure to join the court.He still hesitates, because going after Israel at the ICC would signal a fundamental policy shift, instantly turning his tense relationship with Israel into a hostile one and creating a rift with the United States.

destruction, and U.S. counterterrorism strategy. Lynch's enterprise reporting has explored the underside of international diplomacy. His investigations have uncovered a U.S. spying operation in Iraq, Dick Cheney's former company's financial links to Saddam Hussein, and documented numerous sexual misconduct and corruption scandals. Lynch has appeared frequently on the Lehrer News Hour, MSNBC, NPR radio, and the BBC. He has also moderated public discussions on foreign policy, including interviews with Susan E. Rice, the U.S. National Security Advisor, Gerard Araud, France's U.N. ambassador, and other senior diplomatic leaders. Born in Los Angeles, California, Lynch received a bachelor's degree from the University of California, Berkeley, in 1985 and a master's degree from Columbia University's Graduate School of Journalism in 1987. He previously worked for the Boston Globe. January 15, 2015 colum.lynch @columlynch Stephen J. Rapp, the U.S. ambassador at large for war crimes, is stepping down after five and a half years as the Obama administration’s point man for global prosecutions of the world’s most notorious war criminals

Wars in an imperialist democracy cannot simply be dictated by executive fiat, they require the consent of highly motivated masses who will make the human and material sacrifices. Imperialist leaders have to create a visible and highly charged emotional sense of injustice and righteousness to secure national cohesion and overcome the natural opposition to early death, destruction and disruption of civilian life and to the brutal regimentation that goes with submission to absolutist rule by the military. The need to invent a cause is especially the case with imperialist countries because their national territory is not under threat. There is no visible occupation army oppressing the mass of the people in their everyday life. The ‘enemy’ does not disrupt everyday normal life – as forced conscription would and does. Under normal peaceful time, who would be willing to sacrifice their constitutional rights and their participation in civil society to subject themselves to martial rule that precludes the exercise of all their civil freedoms?

The task of imperial rulers is to fabricate a world in which the enemy to be attacked (an emerging imperial power like Japan) is portrayed as an ‘invader’ or an ‘aggressor’ in the case of revolutionary movements (Korean and Indo-Chinese communists) engaged in a civil war against an imperial client ruler or a ‘terrorist conspiracy’ linked to an anti-imperialist, anti-colonial Islamic movements and secular states. Imperialist-democracies in the past did not need to consult or secure mass support for their expansionist wars; they relied on volunteer armies, mercenaries and colonial subjects led and directed by colonial officers. Only with the confluence of imperialism, electoral politics and total war did the need arise to secure not only consent, but also enthusiasm, to facilitate mass recruitment and obligatory conscription. Since all US imperial wars are fought ‘overseas’ – far from any immediate threats, attacks or invasions – -US imperial rulers have the special task of making the ‘causus bellicus’ immediate, ‘dramatic’ and self-righteously ‘defensive’. To this end US Presidents have created circumstances, fabricated incidents and acted in complicity with their enemies, to incite the bellicose temperament of the masses in favor of war.

The pretext for wars are acts of provocation which set in motion a series of counter-moves by the enemy, which are then used to justify an imperial mass military mobilization leading to and legitimizing war. State ‘provocations’ require uniform mass media complicity in the lead-up to open warfare: Namely the portrayal of the imperial country as a victim of its own over-trusting innocence and good intentions. All four major US imperial wars over the past 67 years resorted to a provocation, a pretext, and systematic, high intensity mass media propaganda to mobilize the masses for war. An army of academics, journalists, mass media pundits and experts ‘soften up’ the public in preparation for war through demonological writing and commentary: Each and every aspect of the forthcoming military target is described as totally evil – hence ‘totalitarian’ – in which even the most benign policy is linked to demonic ends of the regime. Since the ‘enemy to be’ lacks any saving graces and worst, since the ‘totalitarian state’ controls everything and everybody, no process of internal reform or change is possible. Hence the defeat of ‘total evil’ can only take place through ‘total war’. The targeted state and people must be destroyed in order to be redeemed. In a word, the imperial democracy must regiment and convert itself into a military juggernaut based on mass complicity with imperial war crimes. The war against ‘totalitarianism’ becomes the vehicle for total state control for an imperial war.

However, now, there is a US Department of Defense (DoD) document confirming without doubt that the so-called “Syrian opposition” is Al Qaeda, including the so-called “Islamic State” (ISIS), and that the opposition’s supporters – the West, Turkey, Jordan, Saudi Arabia, and Qatar – specifically sought to establish safe havens in Iraq and eastern Syria, precisely where ISIS is now based. America is Behind ISISFirst appeared: http://journal-neo.org/2015/05/25/washington-confesses-to-backing-questionable-actors-in-syria/

Washington is playing the lead role in delaying the publication of the long-awaited report into how Britain went to  war with Iraq, The Independent has learnt. Although the Cabinet Office has been under fire for stalling the progress of the four-year Iraq Inquiry by Sir John Chilcot, senior diplomatic sources in the US and Whitehall indicated that it is officials in the White House and the US Department of State who have refused to sanction any declassification of critical pre- and post-war communications between George W Bush and Tony Blair.Without permission from the US government, David Cameron faces the politically embarrassing situation of having to block evidence, on Washington’s orders, from being included in the report of an expensive and lengthy British inquiry.Earlier this year, The Independent revealed that early drafts of the report challenged the official version of events leading up to the Iraq war, which saw Mr Blair send in 45,000 troops to overthrow Saddam Hussein’s regime.

On Tuesday, the Chief Prosecutor of the International Criminal Court announced, in the most explicit and detailed terms to date, that the U.S. treatment of detainees captured in the Afghanistan conflict is under examination by her office. The statement is included in the Office of the Prosecutor’s (OTP) annual “Report on Preliminary Examination Activities,” released on the eve of the Assembly of States Parties this month.

In particular, the OTP is assessing the degree to which national proceedings are underway with respect to the allegations underlying the examination.  Furthermore, an affirmative determination that there is a reasonable basis to proceed with an investigation is far from a finding of strong evidence of criminal wrongdoing. Nevertheless, the appearance of the latter is surely one issue on the minds of administration officials. David Bosco, for instance, reported that “the U.S. delegation urged the court not to publish the allegations, even in preliminary form. They warned that the world would see any ICC mention of possible American war crimes as evidence of guilt, even if the court never brought a formal case.”

Here are the key graphs: “94. The Office has been assessing available information relating to the alleged abuse of detainees by international forces within the temporal jurisdiction of the Court. In particular, the alleged torture or ill-treatment of conflict-related detainees by US armed forces in Afghanistan in the period 2003-2008 forms another potential case identified by the Office. In accordance with the Presidential Directive of 7 February 2002, Taliban detainees were denied the status of prisoner of war under article 4 of the Third Geneva Convention but were required to be treated humanely. In this context, the information available suggests that between May 2003 and June 2004, members of the US military in Afghanistan used so-called “enhanced interrogation techniques” against conflict-related detainees in an effort to improve the level of actionable intelligence obtained from interrogations. The development and implementation of such techniques is documented inter alia in declassified US Government documents released to the public, including Department of Defense reports as well as the US Senate Armed Services Committee’s inquiry. These reports describe interrogation techniques approved for use as including food deprivation, deprivation of clothing, environmental manipulation, sleep adjustment, use of individual fears, use of stress positions, sensory deprivation (deprivation of light and sound), and sensory overstimulation.

Amidst another week of deadly Israeli-Palestinian violence, fifteen faith leaders representing U.S. churches and faith organizations have called on Congress to condition U.S. military aid to Israel upon Israel’s “compliance with applicable U.S. laws and policies.” These leaders--representing Baptist, Lutheran, Catholic, Presbyterian, Methodist, Orthodox, Quaker and other major Christian groups--agree that unconditional U.S. military assistance to Israel has contributed to “sustaining the conflict and undermining the long-term security interests of both Israelis and Palestinians.”  [SEE LETTER BELOW]   As a Quaker peace lobby that has advocated for Israeli-Palestinian peace for decades in Washington, the Friends Committee on National Legislation (FCNL) is proud to be a partner in this effort.   These organizations draw upon their decades of experience in the region, during which they have collectively witnessed the horror of suicide bombing, rocket attacks, shootings of civilians, home demolitions, forced displacement, and other widespread human rights violations. These faith groups “recognize that each party — Israeli and Palestinian — bears responsibilities for its actions and we therefore continue to stand against all violence regardless of its source.”      Unconditional U.S. military aid has become one of those sources fueling violence and further entrenchment of Israel’s military occupation of the Palestinian territories. This statement highlights the United States’ responsibility to hold Israel accountable for “a troubling and consistent pattern of disregard by the government of Israel for U.S. policies that support a just and lasting peace.”

Congress must investigate possible violations of U.S. law The latest State Department human rights report on Israel and the Occupied Territories provides a devastating account of Israel’s human rights violations against civilians, many of which involve the misuse of U.S.-supplied weapons. This diverse religious coalition has called for “an immediate investigation into possible violations by Israel of the U.S. Foreign Assistance Act and the U.S. Arms Export Control Act,” and urges Congress to “ensure that our aid is not supporting actions by the government of Israel that undermine prospects for peace”.     The signers affirm that these are laws that “should be enforced in all instances regardless of location,” but that it is especially critical for Israel to comply with laws that regulate the use of U.S. supplied weapons, since Israel is the single largest recipient of U.S. foreign aid since World War II. Notably, the United States has initiated investigations of violations of these laws by other countries, and on four different occasions between 1978 and 1982, the Secretary of State notified Congress that Israel “may” have violated the provisions of the Arms Export Control Act.   The coalition has called for renewed investigations into human rights violations documented by the State Department’s report, including Israel’s escalation of home demolitions, forced displacement, suppression of dissent, and its use of prohibited weapons in densely populated areas during Israel’s military Operation Cast Lead in the Gaza Strip.  

Echoing urgent warnings from Israeli leader The letter also echoes the urgency for immediate action to secure a diplomatic settlement to the crisis that has been acknowledged by scores of Israeli and Palestinian leaders, including Ehud Barak, Israel’s current Defense Minister and former Prime Minister. In a historic speech delivered at the prestigious Herzliya National Security Conference in Israel in early 2010, Mr. Barak warned of Israel’s future in the absence of a political settlement, saying in stark terms:   “The reality is cruel but simple. Between the Jordan River...and the Mediterranean, 12 million people live, 7.5 million Israelis and 4.5 million Palestinians. And the simple truth is that as long as in this territory to the West of the Jordan River, there is one political entity which is called Israel[...]and if this bloc of Palestinians would not be able to vote, it’s going to be an apartheid state.”     Israeli, Palestinian, and U.S. interests require urgent efforts to avoid the nightmare that Israeli leader Ehud Barak has described as an apartheid state. A just and peaceful future for Israelis and Palestinians requires that all parties to a conflict are held accountable and that a comprehensive, inclusive diplomatic settlement be secured. An essential step for Congress to support Israeli-Palestinian peace efforts is to heed these warnings, and hold Israel accountable for how it uses U.S. military aid. (See full letter at:http://www.fcnl.org/middle_east

I thought about that March night as the election results rolled in, as the New York Times forecast showed Hillary Clinton’s chances of winning the presidency plummet from about 80% to less than 5%, while Trump’s fortunes skyrocketed by the minute. As Clinton’s future in the Oval Office evaporated, leaving only a whiff of her stale dreams, I saw all the foreign-policy certainties, all the hawkish policies and military interventions, all the would-be bin Laden raids and drone strikes she’d preside over as commander-in-chief similarly vanish into the ether. With her failed candidacy went the no-fly escalation in Syria that she was sure to pursue as president with the vigor she had applied to the disastrous Libyan intervention of 2011 while secretary of state.  So, too, went her continued pursuit of the now-nameless war on terror, the attendant “gray-zone” conflicts — marked by small contingents of U.S. troops, drone strikes, and bombing campaigns — and all those munitions she would ship to Saudi Arabia for its war in Yemen. As the life drained from Clinton’s candidacy, I saw her rabid pursuit of a new Cold War start to wither and Russo-phobic comparisons of Putin’s rickety Russian petro-state to Stalin’s Soviet Union begin to die.  I saw the end, too, of her Iron Curtain-clouded vision of NATO, of her blind faith in an alliance more in line with 1957 than 2017. As Clinton’s political fortunes collapsed, so did her Israel-Palestine policy — rooted in the fiction that American and Israeli security interests overlap — and her commitment to what was clearly an unworkable “peace process.”  Just as, for domestic considerations, she would blindly support that Middle Eastern nuclear power, so was she likely to follow President Obama’s trillion-dollarpath to modernizing America’s nuclear arsenal.  All that, along with her sure-to-be-gargantuan military budget requests, were scattered to the winds by her ringing defeat.

Clinton’s foreign policy future had been a certainty.  Trump’s was another story entirely.  He had, for instance, called for a raft of military spending: growing the Army and Marines to a ridiculous size, building a Navy to reach a seemingly arbitrary and budget-busting number of ships, creating a mammoth air armada of fighter jets, pouring money into a missile defense boondoggle, and recruiting a legion of (presumably overweight) hackers to wage cyber war.  All of it to be paid for by cutting unnamed waste, ending unspecified “federal programs,” or somehow conjuring up dollars from hither and yon.  But was any of it serious?  Was any of it true?  Would President Trump actually make good on the promises of candidate Trump?  Or would he simply bark “Wrong!” when somebody accused him of pledging to field an army of 540,000 active duty soldiers or build a Navy of 350 ships. Would Trump actually attempt to implement his plan to defeat ISIS — that is, “bomb the shit out of them” and then “take the oil” of Iraq?  Or was that just the bellicose bluster of the campaign trail?  Would he be the reckless hawk Clinton promised to be, waging wars like the Libyan intervention?  Or would he follow the dictum of candidate Trump who said, “The current strategy of toppling regimes, with no plan for what to do the day after, only produces power vacuums that are filled by terrorists.” Outgoing representative Randy Forbes of Virginia, a contender to be secretary of the Navy in the new administration, recently said that the president elect would employ “an international defense strategy that is driven by the Pentagon and not by the political National Security Council… Because if you look around the globe, over the last eight years, the National Security Council has been writing that. And find one country anywhere that we are better off than we were eight years [ago], you cannot find it.”

Such a plan might actually blunt armed adventurism, since it was war-weary military officials who reportedly pushed back against President Obama’s plans to escalate Iraq War 3.0.  According to some Pentagon-watchers, a potentially hostile bureaucracy might also put the brakes on even fielding a national security team in a timely fashion. While Wall Street investors seemed convinced that the president elect would be good for defense industry giants like Lockheed Martin and General Dynamics, whose stocks surged in the wake of Trump’s win, it’s unclear whether that indicates a belief in more armed conflicts or simply more bloated military spending. Under President Obama, the U.S. has waged war in or carried out attacks on at least eight nations — Afghanistan, Iran, Iraq, Pakistan, Somalia, Yemen, Libya, and Syria.  A Clinton presidency promised more, perhaps markedly more, of the same — an attitude summed up in her infamous comment about the late Libyan autocrat Muammar Gaddafi: “We came, we saw, he died.”  Trump advisor Senator Jeff Sessions said, “Trump does not believe in war. He sees war as bad, destructive, death and a wealth destruction.”  Of course, Trump himself said he favors committing war crimes like torture and murder.  He’s also suggested that he would risk war over the sort of naval provocations — like Iranian ships sailing close to U.S. vessels — that are currently met with nothing graver than warning shots. So there’s good reason to assume Trump will be a Clintonesque hawk or even worse, but some reason to believe — due to his propensity for lies, bluster, and backing down — that he could also turn out to be less bellicose.

Abbas pledged to join the ICC and lodge charges against Israel there. On Wednesday evening he took the first step, signing the request along with applications to join 20 other international conventions during a meeting broadcast live on PA television, despite US criticism. Speaking to Arutz Sheva, Shurat Hadin legal center's director Nitsana Darshan-Leitner said that if Abbas follows through on his threats, the PA's case would likely center around alleged war crimes committed by the IDF during the past summer's war with Gazan terrorists, as well as "settlement-building" - a euphemism for any Jewish communities built in Judea, Samaria, and large parts of Jerusalem. The veteran attorney and legal campaigner warns that if such a case is launched the prospects for Israel are bleak. "Israel will of course try to defend itself, but chances are they will lose. And if they lose and they're convicted for war crimes, it would be a game-changer. It would drop Israel to the bottom tier internationally," she said.

The ICC has faced serious criticism over the years for only focusing on "third-world" countries, and particularly the African continent, (since its founding in 1998 all eight cases handled by the ICC have been in African states,) and there is heavy pressure for the court to also try a "western" or allied country as well to dispel those allegations. "They need to take a different type of case, and they would gladly take upon themselves the Arab-Israeli conflict... it's a more interesting and sexier issue to be involved with, and there is tremendous pressure from countries all over the world for the court to get involved." Despite that pressure, until now the ICC has been unable to get involved due to a lack of jurisdiction.

But could the move be a blessing in disguise, providing Israel with an opportunity to decisively knock down the many allegations against it in the international arena - including both the legality of "settlements" and alleged war crimes - once and for all? "No, this is a biased court," Darshan-Leitner answers bluntly. "Of course Israel will bring international legal experts and explain why the territories (Judea-Samaria) are only disputed, not occupied, and how Jordan never had a right to them in the first place, for example - but Europe, and many other countries, have a different perspective," and it's from that political perspective that the ICC will analyse the case. "Once Israel is charged with war crimes it's the 'end of the game' - that's why Israel should do whatever it can not to be charged." If found guilty, "Israel would have to extradite to the court those individuals or officials, IDF commanders, etc, who will be individually charged for war crimes. Israel will obviously refuse to do so - Israel is not insane, so it's not going to extradite its own people to be blamed for war crimes - and then as a result Israel will be sanctioned... then there will be a real boycott against Israel from the court's member states.

Over the weekend, the U.S. military carried out further airstrikes in Iraq, targeting Islamic State militants near the Mosul Dam, involving “a mix of fighter, bomber, attack and remotely piloted aircraft.” The nine strikes on Saturday and 14 strikes on Sunday were carried out under authority “to support humanitarian efforts in Iraq,” to protect U.S. personnel and facilities, and to support Iraqi and Kurdish defense forces [U.S. Central Command]. President Obama notified Congress of the latest American involvement yesterday, stating that “[t]he failure of the Mosul Dam could threaten the lives of large numbers of civilians, endanger U.S. personnel and facilities, including the U.S. Embassy in Baghdad.” Obama said the operations will be “limited in their scope and duration.” The significantly expanded air campaign, including the first reported use of U.S. bombers, has strengthened the Kurdish forces’ ground offensive to reclaim the strategic dam from Islamic State control [Wall Street Journal’s Matt Bradley et al.; Washington Post’s Liz Sly et al.]. Iraqi state television reported early today that Iraqi and Kurdish forces are now in control of the dam [Reuters], although there are reports of continued heavy fighting around the Mosul Dam [Al Jazeera]. Joe Parkinson [Wall Street Journal] covers how the U.S. has gained a “controversial new ally” in the Kurdistan Workers’ Party (PKK), as a number of PKK fighters joined the U.S.-backed Kurdish battle in northern Iraq over the weekend.

Israel-Palestine With the five-day truce between Israel and Hamas set to expire tonight, Israeli and Palestinian negotiators are continuing discussions in Cairo, although significant gaps remain between the two sides. While Israel is pushing for tougher security measures, Palestine is demanding an end to the Gaza blockade without preconditions [Associated Press; Reuters’ Nidal Al-Mughrabi and Jeffrey Heller]. Israeli troops have demolished the homes of two Palestinians suspected to have been behind the abduction and killing of the three Israeli teenagers in the West Bank in June [Haaretz’s Gili Cohen]. An IDF spokesperson said that the demolition “conveys a clear message to terrorists and their accomplices that there is a personal price to pay when engaging in terror and carrying out attacks against Israelis” [Al Jazeera]. Haaretz’s editorial board notes how the Israeli offensive in Gaza has generated “a very public crisis in relations between Israel and the United States” and warns that “Netanyahu must ease the tension with Washington and act to repair the rift with Obama.” The Wall Street Journal (Joshua Mitnick) explores how Israeli Prime Minister Benjamin Netanyahu’s “containment strategy” in the ongoing conflict is “a contrast from the tough talk against terrorism that fueled his political ascent.”

ulian Borger [The Guardian] notes how the potential International Criminal Court investigation into alleged war crimes in Gaza by both Israeli and Hamas forces has become a “fraught political battlefield.” Marwan Bishara [Al Jazeera] explains how and why the UN has been “sidelined” in the Middle East conflict. Meanwhile, the British government is facing a legal challenge over its decision to not suspend existing licenses for the sale of military hardware to Israel following the launch of Operation Protective Edge in Gaza last month [The Guardian’s Jamie Doward].

There is nothing tragic about the Obama presidency, capable of drawing the analytical talents of a neo-Plutarch or a neo-Gibbon. This is more like a Pirandello farce, a sort of Character in Search of An Author. Candidates to Author are well documented - from the Israel lobby to the House of Saud, from a select elite of the industrial-military-security complex to, most of all, the rarified banking/financial elite, the real Masters of the Universe. Poor Barack is just a cipher, a <a href='http://asianmedia.com/GAAN/www/delivery/ck.php?n=a9473bc7&cb=%n' target='_blank'><img src='http://asianmedia.com/GAAN/www/delivery/avw.php?zoneid=36&cb=%n&n=a9473bc7&ct0=%c' border='0' alt='' ></a> functionary of empire, whose ''deciding'' repertoire barely extends to what trademark smile to flash at the requisite photo-ops. There's nothing ''tragic'' about the fact that during this week - marking the 12th anniversary of 9/11 - this presidency will be fighting for its bombing ''credibility'' trying to seduce Republican hawks in the US Congress while most of the warmongers du jour happen to be Democrats.

Republicans are torn between supporting the president they love to hate and delivering him a stinging rebuke - as much as they are aching to follow the orders of their masters, ranging from the American Israel Public Affairs Committee to military contractors. Once again, this is farce - caused by the fact that a man elected to finish off wars is eager to start yet another one. And once again without a United Nations vote. The White House ''strategy'' in this crucial negotiating week boils down to this; to convince the US Congress that the United States must start a war on Syria to punish an ''evil dictator'' - once again, as bad as Hitler - for gassing children. The evidence? It's ''indisputable''. Well, it's not ''irrefutable''. It's not even ''beyond-a-reasonable-doubt''. As Obama's Chief of Staff Denis McDonough admitted, with a straight face, it boils down to ''a quite strong common sense test, irrespective of the intelligence, that suggests that the regime carried this out''. So if this is really about ''common sense'', the president is obviously not being shown by his close coterie of sycophants this compendium of common sense, compiled by a group of top, extremely credible former US intelligence officials, which debunks all the ''evidence'' as flawed beyond belief. To evoke a farce from 12 years ago, this clearly seems to be a case of ''facts being fixed around the policy''.

The Arab street doesn't buy it because they clearly see through the hypocrisy; the desperate rush to ''punish'' the Bashar al-Assad government in Syria while justifying everything the apartheid state of Israel perpetrates in occupied Palestine. The Muslim world doesn't buy it because it clearly sees the demonization only applies to Muslims - from Arafat to bin Laden to Saddam to Gaddafi and now Assad. It would never apply to the military junta in Myanmar, which was clever enough to engineer an ''opening''; the next day Westerners were lining up to kiss the hem of Burmese longyis. It would never apply to the Islam Karimov dictatorship in Uzbekistan because ''we'' always need to seduce him as one of our bastards away from Russia and China. It eventually applies, on and off, to the Kim dynasty in North Korea, but with no consequences - because these are badass Asians who can actually respond to an US attack. Informed public opinion across the developing world does not buy it because they clearly see, examining the historical record, that Washington would never really be bothered with the sorry spectacle of Arabs killing Arabs, or Muslims killing Muslims, non-stop. The 1980-1988 Iran-Iraq war is a prime piece of evidence.

WASHINGTON -- The National Security Agency has been gathering records of online sexual activity and evidence of visits to pornographic websites as part of a proposed plan to harm the reputations of those whom the agency believes are radicalizing others through incendiary speeches, according to a top-secret NSA document. The document, provided by NSA whistleblower Edward Snowden, identifies six targets, all Muslims, as “exemplars” of how “personal vulnerabilities” can be learned through electronic surveillance, and then exploited to undermine a target's credibility, reputation and authority. The NSA document, dated Oct. 3, 2012, repeatedly refers to the power of charges of hypocrisy to undermine such a messenger. “A previous SIGINT" -- or signals intelligence, the interception of communications -- "assessment report on radicalization indicated that radicalizers appear to be particularly vulnerable in the area of authority when their private and public behaviors are not consistent,” the document argues. Among the vulnerabilities listed by the NSA that can be effectively exploited are “viewing sexually explicit material online” and “using sexually explicit persuasive language when communicating with inexperienced young girls.”

The Director of the National Security Agency -- described as "DIRNSA" -- is listed as the "originator" of the document. Beyond the NSA itself, the listed recipients include officials with the Departments of Justice and Commerce and the Drug Enforcement Administration. "Without discussing specific individuals, it should not be surprising that the US Government uses all of the lawful tools at our disposal to impede the efforts of valid terrorist targets who seek to harm the nation and radicalize others to violence," Shawn Turner, director of public affairs for National Intelligence, told The Huffington Post in an email Tuesday. Yet Jameel Jaffer, deputy legal director of the American Civil Liberties Union, said these revelations give rise to serious concerns about abuse. "It's important to remember that the NSA’s surveillance activities are anything but narrowly focused -- the agency is collecting massive amounts of sensitive information about virtually everyone," he said. "Wherever you are, the NSA's databases store information about your political views, your medical history, your intimate relationships and your activities online," he added. "The NSA says this personal information won't be abused, but these documents show that the NSA probably defines 'abuse' very narrowly."

None of the six individuals targeted by the NSA is accused in the document of being involved in terror plots. The agency believes they all currently reside outside the United States. It identifies one of them, however, as a "U.S. person," which means he is either a U.S. citizen or a permanent resident. A U.S. person is entitled to greater legal protections against NSA surveillance than foreigners are. Stewart Baker, a one-time general counsel for the NSA and a top Homeland Security official in the Bush administration, said that the idea of using potentially embarrassing information to undermine targets is a sound one. "If people are engaged in trying to recruit folks to kill Americans and we can discredit them, we ought to," said Baker. "On the whole, it's fairer and maybe more humane" than bombing a target, he said, describing the tactic as "dropping the truth on them." Any system can be abused, Baker allowed, but he said fears of the policy drifting to domestic political opponents don't justify rejecting it. "On that ground you could question almost any tactic we use in a war, and at some point you have to say we're counting on our officials to know the difference," he said.

Israeli finance minister Yair Lapid has become the latest senior official to warn about the serious impact of growing boycott, divestment and sanctions (BDS) campaigns targeting Israel. “The world seems to be losing patience with us,” Lapid told the Hebrew edition of Ynet on 10 January.

Lapid, leader of the Yesh Atid faction, is the senior coalition partner of Israeli Prime Minister Benjamin Netanyahu.

Lapid added: “We have formulated complete scenarios as to what will happen if the boycott continues and exports are hurt. In all scenarios, things do not look good. The status quo will hit each of us in the pocket, will hurt every Israeli. We are export-oriented, and this [export trade] depends on our global standing.” Lapid was particularly concerned about further announcements by Israel of new tenders for houses in illegal Jewish-only colonies in the occupied West Bank. Lapid’s frank comments come just days after Dutch pensions giant PGGM took the unprecedented decision to divest from all Israeli banks because of their role in the colonization program.

(Reuters) - Hamas leaders said on Saturday they had given their consent for the Palestinians to join the International Criminal Court (ICC), a move that could open up both Israel and the militant group to war crime probes over the fighting in Gaza. Moussa Abu Marzouk, a Hamas leader based in Cairo, said he had signed a document Palestinian President Mahmoud Abbas says all factions must endorse before he proceeds with the ICC push.If the Palestinians were to sign the ICC's founding treaty, the Rome Statute, the court would have jurisdiction over crimes committed in the Palestinian territories.An investigation could then examine events as far back as mid-2002, when the ICC opened with a mandate to try individuals for war crimes, crimes against humanity and genocide.Explaining the Islamist group's decision to sign, Hamas official Mushir al-Masri told Reuters: "There is nothing to fear, the Palestinian factions are leading legitimate resistance in keeping with all international laws and standards.""We are in a state of self-defence," he added.

At a news conference in Cairo earlier on Saturday, Abbas said he had asked all factions to join the ICC bid, adding: "There will be results for them joining." There was no immediate comment from Israel, which is also not an ICC member. It says Hamas has committed war crimes by both firing thousands of rockets indiscriminately at Israeli towns and cities and by using Gazans as human shields.A statement from the office of Prime Minister Benjamin Netanyahu did not directly address the Hamas move, but it quoted the Israeli leader as telling U.N. Secretary General Ban Ki-moon Hamas was guilty of such crimes.

Palestinian health officials say 2,078 people, most of them civilians, have been killed by Israel since it launched its offensive, which is intended to end the militants' rocket fire.The United Nations Children Fund (UNICEF) said on Saturday at least 480 Palestinian children had been reported killed.