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Paul Merrell

US to UN Human Rights Committee: Move Along, Nothing to See Here | American Civil Liber... - 0 views

  • Yesterday the United States gave the U.N. Human Rights Committee its one year follow-up report on progress made to implement four priority recommendations made by the committee a year ago. The independent human rights experts had reviewed the United States' compliance with a major human rights treaty, the International Covenant on Civil and Political Rights (ICCPR). They found the U.S. coming up short in many areas, including accountability for torture, privacy and surveillance, Guantánamo, and gun violence. Yesterday’s disappointing 15-page submission does provide some information on Justice Department investigations regarding police misconduct, including the recent Ferguson report. But, there was nothing on accountability measures taken in the aftermath of the release of the Senate report on the CIA torture program. The need for Attorney General Eric Holder to appoint a special prosecutor remains as glaring as ever.
  • The submission notes that the Senate report’s 500-page executive summary was “declassified with minimal redactions to protect national security,” but it failed to commit to release the entire report (which the ACLU is currently fighting for in a FOIA lawsuit). And while the submission states that the U.S. “supports transparency and has taken steps to ensure that it never resorts to the use of those [harsh interrogation] techniques again,” there is no mention of any concrete actions taken to criminally investigate CIA torture, especially in light of the new information made public in the report about the brutality of the CIA’s methods, and its lies to Congress, the media, and the public about its torture program. Under the ICCPR and the Convention Against Torture, the U.S. has an obligation to effectively, independently, and impartially investigate all cases of unlawful killing or torture, as well as arbitrary detention or enforced disappearance. The U.S. also has an international legal obligation to appropriately prosecute perpetrators – including high-level policymakers.
  • The U.S. submission mentions the investigation by Justice Department prosecutor John Durham, which he closed in 2012 without any charges being filed. But, the submission fails to provide detailed information on the precise scope of Durham’s mandate. We remain concerned that the investigation may have focused on instances in which interrogators overstepped limits set by senior officials, rather than on the culpability of senior officials themselves. It also remains unclear whether investigators interviewed any prisoners who were subjected to the CIA torture program. During the November 2014 review of the United States before the U.N. Committee Against Torture in Geneva, the committee raised concerns, based on letters and accounts from torture victims or their attorneys, indicating that Durham had never interviewed any detainees. The U.S. delegation responded that it had interviewed 96 persons as part of the investigation, but it did not indicate whether any of the prisoners who were subjected to abuse and torture were amongst those interviewed.
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  • A comprehensive criminal investigation by the U.S. government would dissuade future government officials from ordering or using torture and abuse. Failure to conduct an independent criminal investigation not only flouts international law but it also undermines America’s ability to advocate for human rights abroad and compromises Americans’ faith in the rule of law at home. The ACLU and other human rights groups have until May 1st to submit “shadow reports” to the Human Rights Committee, which will subsequently assess and grade U.S. implementation of the key priority recommendations.  The Obama administration can still avoid a low grade by responding to domestic and international calls to appoint a special prosecutor to conduct a comprehensive criminal investigation of the tactics described in the Senate torture report, including all acts authorizing or ordering acts of torture and other abuses and provide redress to victims of torture.  
Paul Merrell

US and Israel try to rewrite history of UN resolution declaring Zionism racism - 0 views

  • “Zionism is a form of racism and racial discrimination,” reads UN General Assembly Resolution 3379. The measure was adopted 40 years ago, on Nov. 10, 1975, and the majority of the international community backed it. 72 countries voted for the resolution, with just 35 opposed (and 32 abstentions). Although little-known in the US today (it is remarkable how effectively the US and its allies have rewritten history in their favor), UN GA Res. 3379, titled “Elimination of all forms of racial discrimination,” made an indelible imprint on history. The geographic distribution of the vote was telling. The countries that voted against the resolution were primarily colonial powers and/or their allies. The countries that voted for it were overwhelmingly formerly colonized and anti-imperialist nations.
  • The resolution also cited two other little-known measures passed by international organizations in the same year: the Assembly of the Heads of State and Government of the Organization of African Unity’s resolution 77, which ruled “that the racist regime in occupied Palestine and the racist regimes in Zimbabwe and South Africa have a common imperialist origin, forming a whole and having the same racist structure”; and the Political Declaration and Strategy to Strengthen International Peace and Security and to Intensify Solidarity and Mutual Assistance among Non-Aligned Countries, which called Zionism a “racist and imperialist ideology.” When the resolution was passed, Israeli Ambassador to the UN Chaim Herzog — who later became Israel’s sixth president, and the father of Isaac Herzog, the head of Israel’s opposition — famously tore up the text at the podium. Herzog claimed the measure was “based on hatred, falsehood, and arrogance,” insisting it was “devoid of any moral or legal value.” Still today, supporters of Israel argue UN GA Res. 3379 was an anomalous product of anti-Semitism. In reality, however, the resolution was the result of international condemnation of the illegal military occupation to which Palestinians had been subjected since 1967 and the apartheid-like conditions the indigenous Arab population had lived under as second-class citizens of an ethnocratic state since 1948.
  • In 1991, resolution 3379 was repealed for two primary reasons: One, the Soviet bloc, which helped pass the resolution, had collapsed; and two, Israel and the US demanded that it be revoked or they refused to participate in the Madrid Peace Conference. At the UN on Nov. 11, US Ambassador to the UN Samantha Power and Secretary of State John Kerry eulogized the late Herzog and forcefully condemned the resolution on its 40th anniversary. In his 2,500-word statement, Kerry mentioned Palestinians just once, and only then as an extension of Israelis. In her remarks, Power did not mention Palestinians at all.
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  • In his speech, Kerry smeared resolution 3379 as “anti-Semitic” and “absurd.” Kerry called it “a bitter irony that this resolution against Zionism was originally a resolution against racism and colonialism” and lamented that “reasonableness was detoured by a willful ignorance of history and truth.” Sec. Kerry insisted “we will do all in our power to prevent the hijacking of this great forum for malicious intent” — a fascinating claim, considering how incredibly often the US itself hijacks the UN against the will of the international community, in the interests of both itself and Israel. Kerry warned about “the global reality of anti-Semitism today” (he made no mention whatsoever of the global reality of rampant, rapidly accelerating, and viciously violent anti-Muslim, anti-Arab, and anti-Black racism), and implied that the “terrorist bigots of Daesh [ISIS], Boko Haram, Al Shabaab, and so many others” are part of this larger anti-Semitic trend. One could argue Sec. Kerry downplayed the severity of the present political situation by characterizing these fascistic groups’ violent extremism as rooted in anti-Semitic bigotry, rather than in radicalization under conditions of intense oppression, bitter poverty, and brutal tyranny.
  • The US secretary of state extolled “Zionism as the expression of a national liberation movement.” The national liberation movements of Vietnam, Korea, China, Nicaragua, El Salvador, Colombia, Congo, South Africa, Burkina Faso, and so many more nations, however, did not get such approval from Washington; au contraire, they were mercilessly crushed under the iron fist of American empire. Traditionally, only right-wing and settler-colonial “national liberation movements” have garnered the US’s official approval. “Why do we Americans care so much about the rights of others being respected?” Kerry asked unprovoked. “Because, in an interconnected world, injustice anywhere is a threat to justice everywhere.” He should tell that to the victims of US-backed dictatorships in Saudi Arabia, the UAE, Bahrain, Qatar, Egypt, Turkmenistan, Kazakhstan, Thailand, Brunei, Rwanda, Ethiopia, Uganda, and, once again, so many more nations. “Times may change, but one thing we do know: America’s support for Israel’s dreaming and Israel’s security, that will never change,” Kerry proclaimed.
  • In her speech at the UN, Power, like Kerry, conflated the heinous Nazi attacks on Jewish civilians in the Kristallnacht with UN GA Res. 3379. Both speakers cited the abominable horrors of the Holocaust several times as reasons to support Zionism, glossing over the fact that Zionism was created in the late 19th century and that the Balfour Declaration dates back to 1917, decades before World War II. Amb. Power — a serial warmonger and veteran blame-dodger — did what she did best: rewrote history in the favor of US imperialism. She called the resolution “1975 smearing of Jews’ aspirations to have a homeland” and insisted multiple times that resolutions like 3379 “threaten the legitimacy of the UN.” Like Kerry, Power conveniently forgot to mention that, when it comes to the halls of the UN, there is no other rogue state as blunt as the US, which regularly spits in the face of the international community, defying UN resolutions, violating the UN Charter, and breaking international law when it sees fit. Power’s speech exposed the fault lines in the contentious (to put it mildly) relationship between the US and the UN — that is to say, between the US and the international community. Such tensions are not the fault of the UN; the blame rests squarely on the shoulders of Washington, with its doctrinal “American exceptionalism” and the flagrant disregard for international law that so frequently accompanies such imperial hubris.
  • In their speeches, both Kerry and Power also thanked Israeli UN Ambassador Danny Danon, who was described by an Israeli Labor Party lawmaker as “a right-wing extremist with the diplomatic sensitivity of a pit bull” and who proposed legislation that would, in his own words, have the Israeli government “annex the West Bank and repeal the Oslo Accords.” Amb. Danon insists that God gave the land of historic Palestine to the Jewish people as an “everlasting possession” (while forsaking the US). He also told the Times of Israel that the “international community can say whatever they want, and we can do whatever we want.” Netanyahu addressed the session with a video message. He claimed that Israel, which has for years led the world in violating UN Security Council resolutions, “continues to face systemic discrimination here at the UN.” In a January 2013 statement submitted to the UN Human Rights Council, the Russell Tribunal calculated Israel had defied a bare minimum of 87 Security Council resolutions. The Russel Tribunal also crucially noted “that Israel’s ongoing colonial settlement expansion, its racial separatist policies, as well as its violent militarism would not be possible without the US’s unequivocal support.” The tribunal pointed out that Israel “is the largest recipient of US foreign aid since 1976 and the largest cumulative recipient since World War II” and that, between 1972 and 2012, the US was the lone veto of UN resolutions critical of Israel 43 times.
  • UN Secretary-General Ban Ki-moon joined Kerry, Power, and Netanyahu in the echo chamber, albeit with a bit more subtlety. “The reputation of the United Nations was badly damaged by the adoption of resolution 3379, in and beyond Israel and the wider Jewish community,” he said. Unlike the others, Ban condemned not just anti-Semitism, but also “wide-ranging anti-Muslim bigotry and attacks [and] discrimination against migrants and refugees.” Although the Israeli government accuses the UN of bias, the evidence demonstrates the opposite. Secret cables released by whistleblowing journalism organization WikiLeaks revealed that the US and Israel worked hand-in-hand with the UN and Sec.-Gen. Ban in order to undermine investigation into and punitive action on Israel’s war crimes in Gaza.
  • The real victim of the 40th anniversary event was the truth — and, of course, as it was four decades ago, the Palestinians. Yet, while UN GA Res. 3379 was repealed, the truth cannot be revoked. Zionism was and remains an unequivocally racist movement — just like any other hyper-nationalist and ethnocratic movement. None other than the founding father of Zionism, Theodor Herzl, recognized this elementary fact. In a 1902 letter to Cecil Rhodes — a diamond magnate and white supremacist British colonialist with oceans of African blood on his hands — Herzl, writing of “the idea of Zionism, which is a colonial idea,” requested help colonizing historic Palestine. “It doesn’t involve Africa, but a piece of Asia Minor, not Englishmen but Jews… How, then, do I happen to turn to you since this is an out-of-the-way matter for you? How indeed? Because it is something colonial,” Herzl wrote. “I want you to… put the stamp of your authority on the Zionist plan.”
Paul Merrell

UN officials accused of bowing to Israeli pressure over children's rights list | World ... - 0 views

  • Senior UN officials in Jerusalem have been accused of caving in to Israeli pressure to abandon moves to include the state’s armed forces on a UN list of serious violators of children’s rights. UN officials backed away from recommending that the Israel Defence Forces (IDF) be included on the list following telephone calls from senior Israeli officials. The Israelis allegedly warned of serious consequences if a meeting of UN agencies and NGOs based in Jerusalem to ratify the recommendation went ahead. Within hours, the meeting was cancelled. “Top officials have buckled under political pressure,” said a UN source. “As a result, a clear message has been given that Israel will not be listed.”
  • Organisations pressing for the IDF’s inclusion on the list since the war in Gaza last summer – which left more than 500 children dead and more than 3,300 injured – include Save the Children and War Child as well as at least a dozen Palestinian human rights organisations, the Israeli rights organisation B’Tselem and UN bodies such as the children’s agency Unicef. “These organisations are in uproar over what has happened,” said the UN source
  • The IDF’s inclusion on the UN’s list of grave violators of children’s rights would place it alongside non-state armed forces such as Islamic State, Boko Haram and the Taliban. There are no other state armies on the list. It would propel Israel further towards pariah status within international bodies and could lead to UN sanctions.
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  • Although Jerusalem-based officials cancelled the meeting – and subsequently decided not to recommend the IDF’s inclusion on the list – the UN complained to Israel over the intimidation of its staff. Susana Malcorra – a high-ranking official in the New York office of the UN secretary general, Ban Ki-moon – raised the issue in a private letter to Israel’s ambassador to the UN, Ron Prosor. The UN in New York said it could not comment on leaked documents. The telephone calls were made to June Kunugi, Unicef’s special representative to Palestine and Israel, on 12 February, the night before a meeting to decide whether to recommend the IDF’s inclusion on the list. One call was from a senior figure in Cogat, the Israeli government body that coordinates between the IDF, the Palestinian Authority and the international community; the other was made by an official in Israel’s foreign ministry.
  • ccording to UN and NGO sources, Kunugi was advised to cancel the meeting or face serious consequences. However, Israeli sources described the telephone conversations as friendly and courteous attempts to persuade Kunugi to delay the working group’s decision on its recommendation regarding the IDF until Israel had been allowed to present its case on the issue. At 8.54am the next morning, an email was sent on behalf of James Rawley, a senior official with UNSCO (the office of the UN special coordinator for the Middle East peace process) who had called the meeting, to participants. It said: “Please be informed that today’s meeting scheduled at 13:00hrs has been postponed. Sincere apologies for the inconvenience this may have caused.” A joint statement to the Guardian from Kunugi and Rawley said the “strictly confidential process” of determining inclusion on the list was still ongoing and was the “prerogative of the UN secretary general, and it rests with him alone”. The UN in Jerusalem was unable to comment on the process, it added, but the submission from Jerusalem to New York was “based on verified facts, not influenced by any member state or other entity”.
  • Unicef has called a fresh meeting to update UN and NGO officials in Jerusalem on Thursday. The decision on which state and non-state armed forces are to be included on the list will be taken by UN chiefs in New York next month. However, according to the UN source, “a political decision has already been taken not to include Israel”.
  • A separate source told the Guardian: “The UN caved to Israel’s political pressure and took a highly contentious step to shelter Israel from accountability.” The list of violators of children’s rights is contained in the annex of the annual report of the secretary general on children and armed conflict. A “monitoring and reporting mechanism”, established by a UN security council resolution, supplies information on grave violations of children’s rights, such as killing and maiming, recruitment of minors into armed forces, attacks on schools, rape, abduction, and denial of humanitarian access to children. The secretary general is required to list armed forces or armed groups responsible for such actions. Following last summer’s seven-week war in Gaza, a number of UN agencies and NGOs met to consider whether to recommend the IDF’s inclusion on the list. According to insiders, participants “agreed there is a strong and credible case to recommend listing”.
  • A 13-page internal Unicef paper seen by the Guardian examined the case for the IDF to be listed on the basis of its actions in last summer’s war in Gaza, including the killing and injuring of children, and “targeted and indiscriminate” attacks on schools and hospitals. Several of the working group’s participants wrote to the UN secretary general to urge the inclusion of the IDF on the list. A letter sent in December by Defence for Children International (Palestine) said: “There is ample evidence to demonstrate that Israel’s armed forces have committed acts that amount to the grave violations against children during armed conflict, as defined by UN security council resolutions, including killing or maiming children and attacks against schools and hospitals.” The Israeli ministry of foreign affairs and Cogat declined to answer specific questions about the phone calls to Kunugi, but said in a joint statement: “Israel has a good working relationship with Unicef and the United Nations in general. Israel has no desire to get into a slanging match with anti-Israel elements nor to submit to their intimidations.”
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    More information, including that Palestine Civil Society has requested that U.N. Secretary General Ban Ki Moon to discharge two U.N. officials involved becuase of this issue and because of signifificant delays that work to Israel's advantage in reconstruction of Gaza following Israel's assault last summer. http://electronicintifada.net/blogs/ali-abunimah/un-providing-israel-cover-killing-gazas-children
Paul Merrell

NSA oversight dismissed as 'illusory' as anger intensifies in Europe and beyond | World... - 0 views

  • The Obama administration's international surveillance crisis deepened on Monday as representatives from a Latin American human rights panel told US diplomats that oversight of the programs was "illusory".Members of the Inter-American Commission on Human Rights, an arm of the Organization of American States, expressed frustration and dissatisfaction with the National Security Agency's mass surveillance of foreign nationals – something the agency argues is both central to its existence and necessary to prevent terrorism. "With a program of this scope, it's obvious that any form of control becomes illusory when there's hundreds of millions of communications that become monitored and surveilled," said Felipe Gonzales, a commissioner and Chilean national."This is of concern to us because maybe the Inter-American Committee on Human Rights may become a target as well of surveillance," said Rodrigo Escobar Gil, a commissioner and Colombian citizen.
  • Frank La Rue, the United Nations special rapporteur on the right to freedom of opinion and expression, told the commission that the right to privacy was "inextricably linked" to free expression. "What is not permissible from a human rights point of view is that those that hold political power or those that are in security agencies or, even less, those in intelligence agencies decide by themselves, for themselves, what the scope of these surveillance activities are, or who will be targeted, or who will be blank surveilled," La Rue said.While the US sent four representatives to the hearing, they offered no defence, rebuttal or elaboration about bulk surveillance, saying the October government shutdown prevented them from adequate preparation. "We are here to listen," said deputy permanent representative Lawrence Gumbiner, who pledged to submit written responses within 30 days.All 35 North, Central and South American nations are members of the commission. La Rue, originally from Guatemala and an independent expert appointed by the Human Rights Council, travels the world reporting on human rights concerns – often in countries with poor democratic standards.
  • The Obama administration has been fielding a week's worth of European outrage following media reports that the NSA had collected a similarly large volume of phone calls from France – which director of national intelligence James Clapper, who recently apologised for misleading the Senate about domestic spying, called "false" – and spying on German chancellor Angela Merkel's own cellphone, which US officials have effectively confessed to. Brazil and Mexico are also demanding answers from US intelligence officials, following reports about intrusive acts of espionage in their territory revealed by documents provided to journalists by former NSA contractor Edward Snowden. The White House has said it will provide some answers after the completion of an external review of its surveillance programs, scheduled to be completed before the end of the year. The Guardian reported on Thursday that the NSA has intercepted the communications of 35 world leaders.
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  • Spying on foreigners is the core mission of the NSA, one that it vigorously defends as appropriate, legal and unexceptional given the nature of global threats and widespread spycraft. Monday's hearing suggested that there are diplomatic consequences to bulk surveillance even if there may not be legal redress for non-Americans. Brazil has already shown a willingness to challenge Washington over bulk surveillance. President Dilma Rousseff postponed a September meeting with President Obama in protest, and denounced the spying during the UN general assembly shortly thereafter. Brazil is also teaming up with Germany at the UN on a general assembly resolution demanding an end to the mass surveillance. The commission's examination of the NSA's bulk surveillance activities suggested a potential southern front could open in the spy crisis just as the administration is attempting to calm down Europe.
  • International discomfort with NSA bulk surveillance is not the only spy challenge the Obama administration now confronts. Congressman James Sensenbrenner, the Wisconsin Republican and key author of the 2001 Patriot Act, is poised to introduce a bill this week that would prevent the NSA from collecting phone records on American citizens in bulk and without an individual warrant. The National Journal reported that Sensenbrenner's bill, which has a companion in the Senate, has attracted eight co-sponsors who either voted against or abstained on a July amendment in the House that would have defunded the domestic phone records bulk collection, a legislative gambit that came within seven votes of passage.Sensenbrenner's bill, like its Senate counterpart sponsored by Vermont Democrat Patrick Leahy, would not substantially restrict the NSA's foreign-focused surveillance, which is a traditional NSA activity. There is practically no congressional appetite, and no viable legislation, to limit the NSA from intercepting the communications of foreigners. An early sign about the course of potential surveillance reforms in the House of Representatives may come as early as Tuesday. The House intelligence committee, a hotbed of support for the NSA, will hold its first public hearing of the fall legislative calendar on proposed surveillance legislation. Its chairman, Mike Rogers of Michigan, has proposed requiring greater transparency on the NSA and the surveillance court that oversees it, but would largely leave the actual surveillance activities of the NSA, inside and outside the United States, untouched.
  • Alex Abdo, a lawyer with the ACLU, which requested the hearing at the Inter-American Commission on Human Rights, warned the human rights panel that the NSA could "target the foreign members of this commission when they travel abroad", as well as foreign dissidents of US-aligned governments; foreign lawyers for Guantánamo detainees; and other foreigners."If every country were to engage in surveillance as pervasive as the NSA, we would soon live in a state … with no refuge for the world's dissidents, journalists and human rights defenders," Abdo said.
Paul Merrell

UN Security Council Plans Declaration of War Against ISIS - 0 views

  • Russia's resolution for the creating of an international anti-ISIS coalition has been tabled by the U.N. Security Council because it calls for cooperation with Assad (which of course is “unacceptable”). But France has now proposed a similar resolution, and it's likely to pass: World powers are poised to forge a single resolution at the United Nations Security Council to declare a common war against Isis and “eradicate” jihadists in Iraq and Syria, The Independentunderstands.The attacks in Paris as well as the downing of the Russian jet over the Sinai Peninsula have galvanised a hitherto divided Security Council. And a new reality exists: with its alleged execution this week of a Chinese national, Isis has now slaughtered citizens of all five permanent Security Council members.
  • French officials said they were formally submitting a draft resolution to the Security Council, pushing aside a competing draft offered by Russia earlier this week. It could be adopted as early as Friday or over the weekend. The French manoeuvre reflected confidence that its resolution would not provoke Russian or Chinese vetoes and would thus win approval. The text, shared with the The Independent, calls on member states “with the capacity to do so” to “take all necessary measures, in compliance with international law, in particular international human rights, refugee and humanitarian law, on the territory under the control of Isil [Isis] in Syria and Iraq, to redouble and co-ordinate their efforts to prevent and suppress terrorist acts committed specifically by Isil… and to eradicate the safe haven they have established in Iraq and Syria”.We are in favor of any international, multilateral effort to erradicate psychos with guns. But if this resolution passes, will the U.S. stop “accidentally” delivering weapons to ISIS? Curious minds want to know. 
Paul Merrell

UN takes first concrete step to hold Israel accountable for violating Palesti... - 0 views

  • September 27, 2017  — Today’s media reports revealed that the UN High Commissioner for Human Rights began sending letters two weeks ago to 150 companies in Israel and around the globe, warning them that they could be added to a database of complicit companies doing business in illegal Israeli settlements based in the occupied Palestinian West Bank, including East Jerusalem. The letters reminded these companies that their operations in and with illegal Israeli settlements are in violation of “international law and in opposition of UN resolutions.” They also requested that these companies respond with clarifications about such operations. According to senior Israeli officials, some of the companies have already responded to the UN High Commissioner for Human Rights by saying they won’t renew their contracts or sign new ones in Israel. “This could turn into a snowball,” worried an Israeli official. Of the 150 companies, some 30 are American firms, and a number are from nations including Germany, South Korea and Norway. The remaining half are Israeli companies, including pharmaceutical giant Teva, the national phone company Bezeq, bus company Egged, the national water company Mekorot, the county’s two biggest banks Hapoalim and Leumi, the large military and technology company Elbit Systems, Coca-Cola, Africa-Israel, IDB and Netafim. American companies that received letters include Caterpillar, Priceline.com, TripAdvisor and Airbnb. The Trump administration is reportedly trying to prevent the list’s publication.
  • Omar Barghouti, co-founder of the BDS movement, commented, After decades of Palestinian dispossession and Israeli military occupation and apartheid, the United Nations has taken its first concrete, practical step to secure accountability for ongoing Israeli violations of Palestinian human rights. Palestinians warmly welcome this step. We hope the UN Human Rights Council will stand firm and publish its full list of companies illegally operating in or with Israeli settlements on stolen Palestinian land, and will develop this list as called for by the UN Human Rights Council in March 2016. It may be too ambitious to expect this courageous UN accountability measure to effectively take Israel “off the pedestal,” as South African anti-apartheid leader Archbishop Desmond Tutu once called for. But if implemented properly, this UN database of companies that are complicit in some of Israel’s human rights violations may augur the beginning of the end of Israel’s criminal impunity.
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    Getting much closer to the tipping point for the Boycott, Divestment, & Sanctions Movement.
Paul Merrell

Germany warns Israel to face UN rights panel: Report - Region - World - Ahram Online - 0 views

  • Germany has warned Israel to attend a periodic UN human rights review on Tuesday or face "severe diplomatic damage", Haaretz newspaper reported on Sunday. Israel cut all ties with the Geneva-based UN Human Rights Council in March 2012, after it announced it would probe how Israeli settlements may be infringing on the rights of Palestinians.
  • An Israeli official, speaking on condition of anonymity, said that a decision on whether to attend Tuesday's Geneva meeting was likely to be taken later Sunday. On January 29, Israel became the first country to boycott a council review of its human rights record. But in June it said it would like to re-engage with the body, which has 47 state members. The Jewish state has come under widespread criticism for ramping up its construction of settlements in the occupied West Bank, including in Israeli-annexed east Jerusalem. Israel has long accused the Human Rights Council of singling it out, noting that it is the only country to have a specific agenda item dedicated to it at every meeting of the council, and that the body has passed an inordinate number of resolutions against it.
Paul Merrell

UN to investigate Israel's Gaza offensive - Human Rights - Al Jazeera English - 0 views

  • The UN Human Rights Council has voted to launch an independent inquiry into Israel's offensive in Gaza, backing efforts by the Palestinians to hold the Israel up to international scrutiny.
  • The vote on Wednesday in Geneva came hours after the UN rights chief, Navi Pillay, told an emergency session of the council that Israel's military actions could amount to war crimes, as it continued pounding the enclave for a 16th day. The 47-member council adopted the investigation under a draft resolution after a request by Palestine, which has UN observer status. 29 states voted in favour of the investigation. 17 abstained, including many EU states. 1 voted against - the US. Al Jazeera's Lauren Taylor, reporting from Geneva, said that the president of the council would now have to agree who would lead the investigation before it was put into effect. Even then, the investigation could face opposition from Israel. 
  • The Israeli prime minister's office said in a statement that the decision was a "travesty", adding that Israel had "gone to unprecedented lengths to keep Palestinian civilians out of harm's way". A total of 693 Palestinians - the vast majority of them civilians - have been killed in Israel's 16-day campaign in Gaza.  Two Israeli civilians have been killed by rocket fire into Israel, and 32 Israeli soldiers have died in the assault on Gaza.  Hours before the vote, Pillay told the emergency session that there was a "strong possibility" that Israel had violated international law in Gaza, "in a manner that could amount to war crimes". She said the killing of civilians in Gaza, especially children, raised concerns over Israel’s precautions and respect for proportionality.
Paul Merrell

United Nations News Centre - UN Rights Council appoints final member on panel to invest... - 0 views

  • The United Nations Human Rights Council announced today the appointment of the last of three members of its probe to investigate purported violations of international humanitarian and human rights laws in the Occupied Palestinian Territory, including East Jerusalem, and particularly in the Gaza Strip since the conflict began on 13 June. In a statement released today, the Council’s President, Ambassador Baudelaire Ndong Ella (Gabon), announced that Mary McGowan Davis (United States) will join William Schabas (Canada) and Doudou Diène (Senegal) whose appointments were announced on 11 August. The previously appointed Amal Alamuddin (United Kingdom) was unable to serve due to prior commitments. Ms. Davis is from the United States and has served as a Justice for the State of New York and as a federal prosecutor during the course of a 24-year career. She also has extensive experience in the fields of international human rights law and has served as Chair on a UN Committee tasked with following up on the findings of the Gaza conflict that occurred between December 2008 and January 2009.
  • The Independent International Commission of Inquiry – launched by the Human Rights Council on 23 July – is charged with investigating human rights violations in the Occupied Palestinian Territory, in particular the occupied Gaza Strip. It plans to investigate all violations of human rights and humanitarian law since the current military operations began in mid-June. As it stands now, the cumulative death toll among Palestinians stands at 2,076. Some 1,454 – 70 per cent – are believed to be civilians, including 491 children and 253 women, according to the UN Office of Humanitarian Affairs (OCHA). Out of the 2,076 killed, 253 are believed to be militants, and the status of a further 369 killed Palestinians is still to be determined. Meanwhile, UNRWA said today that its schools along with Government-run schools are not ready for the new school year in Gaza, which was set to begin yesterday. More than 200 schools which were affected by shelling need to be repaired, including 22 which have been completely destroyed. In the meantime, UNRWA said its TV station will run education programs at emergency shelters and will expand psychosocial work with humanitarian organizations.
Gary Edwards

GOP Platform Rejects UN Agenda 21 as Threat to Sovereignty - 0 views

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    Too bad Romney didn't think enough of the GOP Platform to sell it to the American people.  Probably cost him the election, and us our country. "The official GOP platform approved at the Republican National Convention in Tampa included tough language rejecting the United Nations "sustainability" scheme known as Agenda 21 for the threat it represents to national sovereignty, drawing praise from conservative and Tea Party leaders across the country. The Republican Party document also rejected any form of UN global taxes and slammed a wide range of the international body's controversial programs.  In a section of the 54-page platform entitled "Sovereign American Leadership in International Organizations," the GOP noted that multilateral bodies such as the UN and NATO sometimes fail to serve the cause of peace and prosperity. As such, the U.S. government must always reserve the right to go its own way. "There can be no substitute for principled American leadership," the platform says. The UN in particular remains in "dire need of reform," Republicans said in the document, attacking the global organization's "overpaid bureaucrats," its "scandal-ridden management," and the fact that some of the world's most barbaric tyrants hold seats on the so-called "Human Rights Council." Unless and until the situation improves, the platform stated, the UN can never expect the full support of the American people. Some Republicans such as Congressman Ron Paul go further, calling for the United States to get out of the UN entirely. Some matters, however, are non-negotiable. "We strongly reject the U.N. Agenda 21 as erosive of American sovereignty, and we oppose any form of U.N. Global Tax," the platform explains. The language echoes a resolution adopted by the GOP earlier this year slamming the planetary scheme to enforce so-called "sustainable development" on the world. Since then, state and local Republican parties as well as state legisl
Paul Merrell

Polish Outrage to Paying Victims of CIA Black Sites-and What the Eur Court Said | Just ... - 0 views

  • Poland will be paying a quarter of a million dollars to two Guantánamo detainees, Abu Zubaydah and Abd al-Rahim al-Nashiri. The payment arises in the context of the torture of the terror suspects at a CIA “black site” operating on Polish territory. Last July, the European Court of Human Rights handed down its much-awaited judgments in the cases of Abd al-Rahim al-Nashiri v. Poland and Husayn (Abu Zubaydah) v. Poland in relation to Poland’s involvement in the CIA rendition, detention and interrogation program. The Court ruled that Poland violated the substantive and procedural aspects of the detainees’ right to be free from torture or inhuman or degrading treatment or punishment (Article 3, European Convention on Human Rights). The Court also found violations of, among other rights, Articles 5 (liberty and security), 8 (private and family life), and 13 (effective remedy) of the ECHR. The Court ordered the Polish government to pay €130,000 to Zubaydah and €100,000 to al-Nashiri, within three months from when the judgments become final. Poland appealed the ruling, but the request was rejected by a Grand Chamber panel on February 16, making last weekend the deadline for the payments. The Polish Foreign Ministry said on Friday that it was processing the payments, AP’s Vanessa Gera reported.
  • Poland will be paying a quarter of a million dollars to two Guantánamo detainees, Abu Zubaydah and Abd al-Rahim al-Nashiri. The payment arises in the context of the torture of the terror suspects at a CIA “black site” operating on Polish territory. Last July, the European Court of Human Rights handed down its much-awaited judgments in the cases of Abd al-Rahim al-Nashiri v. Poland and Husayn (Abu Zubaydah) v. Poland in relation to Poland’s involvement in the CIA rendition, detention and interrogation program. The Court ruled that Poland violated the substantive and procedural aspects of the detainees’ right to be free from torture or inhuman or degrading treatment or punishment (Article 3, European Convention on Human Rights). The Court also found violations of, among other rights, Articles 5 (liberty and security), 8 (private and family life), and 13 (effective remedy) of the ECHR. The Court ordered the Polish government to pay €130,000 to Zubaydah and €100,000 to al-Nashiri, within three months from when the judgments become final. Poland appealed the ruling, but the request was rejected by a Grand Chamber panel on February 16, making last weekend the deadline for the payments. The Polish Foreign Ministry said on Friday that it was processing the payments, AP’s Vanessa Gera reported.
  • But the Court took a different, more robust view and found significant responsibility on part of the Polish government. The Court held (my emphasis added): “517. … Notwithstanding the [Article 3] Convention obligation, Poland, for all practical purposes, facilitated the whole process, created the conditions for it to happen and made no attempt to prevent it from occurring. As the Court has already held above, on the basis of their own knowledge of the CIA activities deriving from Poland’s complicity in the [High-Value Detainees Program] Programme and from publicly accessible information on treatment applied in the context of the “war on terror” to terrorist suspects in US custody the authorities – even if they did not witness or participate in the specific acts of ill-treatment and abuse endured by the applicant – must have been aware of the serious risk of treatment contrary to Article 3 occurring on Polish territory.”
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  • The ruling, which predated the publication of the redacted version of the Senate Intelligence Committee report on the CIA program, brought important judicial scrutiny to the agency’s post-9/11 practices, including the controversial role played by U.S. allies. The Senate report has since provided some further details about Poland’s involvement, although the country is not identified by name. The AP report notes the frustration of those in Poland who view the ruling as unjustifiably punishing the country for CIA actions. An opposition Polish lawmaker has recorded his discontent, stating that the terror suspects remained in the sole custody of U.S. officials throughout their detention. Former Foreign Minister Radoslaw Sikorski has similarly been quoted by the LA Times’ Carol Williams as saying:  “We might have to pay compensation even though our personnel did nothing wrong. You can imagine how Polish people feel about it … We just wish that intelligence matters were kept confidential.”
  • While some in Poland are expressing their exasperation with the Court’s ruling, the issue of compensation has sparked equal outrage among some in the United States who do not believe that suspects of terrorist attacks should receive payments, as noted by the AP. The controversy over compensation comes just as the U.S. faces renewed calls from some European and other countries to compensate victims of CIA torture. At the UN Human Rights Council last week, the Universal Periodic Review report on the United States documented other UN member states’ objections to U.S. practices.
  • Meanwhile, in Europe, more judgments are pending on this subject, including two involving the same detainees (see: Abu Zubaydah v. Lithuania and Al Nashiri v. Romania). While accountability within the U.S. still seems like a pipe dream, the European Court of Human Right’s more robust approach perhaps offers the only means of securing reparation for human rights abuses committed as part of the “war on terror.” The Court’s approach may also help to educate European citizens on the nature of complicity in grave human rights abuses. By calling for compensation, the Court has also served to weaken the forms of international cooperation that foster such violations in the first place.
Paul Merrell

Where global solutions are shaped for you | News & Media | HUMAN RIGHTS COUNCIL OPENS S... - 0 views

  • Kyung-wha Kang, Assistant Secretary-General for Humanitarian Affairs and Deputy Emergency Relief Coordinator, stated that at least 18 medical facilities, including five UNRWA health clinics, had been hit by airstrikes and shelling since the beginning of the fighting.  The seven-year blockade had destroyed Gaza’s economy, with high unemployment rates and growing dependence on international assistance.  The United Nations was feeding 67 per cent of the population.  The international community and the parties to the conflict had to live up to their obligations.  Lance Bartholomeusz, Director of Legal Affairs of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, said that by yesterday evening, 22 July, approximately 118,000 Palestinians had sought refuge in 77 UNRWA schools.  That was about 6 per cent of the population of Gaza and double the peak in UNRWA shelters during the 2008 to 2009 conflict.  The conflict had not spared UNRWA premises.  Makarim Wibisono, Special Rapporteur for the situation of human rights in the Occupied Palestinian Territory, speaking on behalf of the Coordination Committee of the Special Procedures of the Human Rights Council, said in addition to at least 599 Palestinians killed, the destruction of numerous houses had left several thousand families homeless.  At the same time, the right of the Palestinian people to resist occupation could not justify the launching of thousands of rockets and mortars directed against Israeli civilians. 
  • NAVI PILLAY, United Nations High Commissioner for Human Rights, said since Israel announced its military operation “Protective Edge” on 7 July, Gaza had been subjected to daily intensive bombardment from the air, land and sea, employing well over 2,100 air strikes alone.  The hostilities had resulted in the deaths of more than 600 Palestinians, including at least 147 children and 74 women.  As in the two previous crises in 2009 and 2012, it was innocent civilians in the Gaza Strip, including children, women, the elderly and persons with disabilities, who suffered the most.  According to preliminary United Nations figures, around 74 per cent of those killed so far were civilians, and thousands more had been injured.  Hundreds of homes and other civilian buildings, such as schools, had been destroyed or severely damaged in Gaza, and more than 140,000 Palestinians had been displaced.  Two Israeli civilians had also lost their lives and between 17 and 32 others had been reported injured as a result of rockets and other projectiles fired from Gaza, and 27 Israeli soldiers had been killed during military operations in Gaza.  The indiscriminate firing by Hamas and other armed groups of more than 2,900 rockets and mortars from Gaza continued to endanger the lives of civilians in Israel, and Ms. Pillay once again condemned such indiscriminate attacks.  It was unacceptable to locate military assets in densely populated areas or to launch attacks from such areas.  However, international law was clear - the actions of one party did not absolve the other party of the need to respect its obligations under international law.
  • he also warned that the current situation in Gaza overshadowed the backdrop of heightened tensions in the occupied West Bank, including East Jerusalem and expressed concern about a significant rise in incitement to violence against Palestinians, including through social media.  Only those responsible for criminal acts could legitimately be punished, she said, individuals should not be subject to collective penalties. 
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  • LANCE BARTHOLOMEUSZ, Acting Director of Legal Affairs, United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNWRA), said UNRWA was deeply alarmed and affected by the escalation of violence in the Gaza Strip and the devastating human and physical toll it was taking on civilians, including Palestine refugees.  Far too many lives were being lost and the traumas resulting from the military operations would mark the population for years to come.  Among ordinary Palestinians there was a profound crisis of confidence in the ability of international law and international mechanisms to protect civilians, and to prevent and address violations of international law.  Because of military operations, and because over 40 per cent of Gaza’s territory was affected by Israel evacuation warnings or declarations of “no-go zones”, thousands of people continued to flee to shelters run by UNRWA and by partners.  By yesterday evening, 22 July, approximately 118,000 Palestinians had sought refuge in 77 UNRWA schools.  That was about 6 per cent of the population of Gaza and double the peak in UNRWA shelters during the 2008 to 2009 conflict.
  • The conflict had not spared UNRWA premises, 77 of which had been damaged by air raids and other fire, which was totally unacceptable.  All parties to the conflict must respect at all times the neutrality and inviolability of UNRWA’s premises.  The situation of the population of Gaza and of Palestine Refugees in Gaza had become completely unsustainable.  Israel’s illegal blockade had deepened poverty levels and Gaza's aquifer would be entirely contaminated in the next three to four years making the Strip essentially unliveable.  Today, these indicators paled in comparison to the intensity of the bombardments, fighting and the immediate fears for security and survival. 
Paul Merrell

U.N. Moves to Lift Iran Sanctions After Nuclear Deal, Setting Up a Clash in Congress - ... - 0 views

  • The United Nations Security Council on Monday unanimously approved a resolution that creates the basis for international economic sanctions against Iran to be lifted, a move that incited a furious reaction in Israel and potentially sets up an angry showdown in Congress.The 15-to-0 vote for approval of the resolution — 104 pages long including annexes and lists — was written in Vienna by diplomats who negotiated a landmark pact last week that limits Iran’s nuclear capabilities in exchange for ending the sanctions.
  • The European Union also approved the Iran nuclear deal on Monday, putting in motion the lifting of its own sanctions, which include prohibitions on the purchase of Iranian oil. Europe will continue to prohibit the export of ballistic missile technology and sanctions related to human rights.
  • Diplomats have warned that if the United States Congress refuses to lift American penalties against Iran, the Iranians may renege on their commitments as well, which could result in a collapse of the entire deal.The resolution takes effect in 90 days, a time frame negotiated in Vienna to allow Congress, where members have expressed strong distrust of the agreement, to review it. President Obama, who has staked much of his foreign policy ambitions on the Iran pact, has vowed to veto a congressional rejection of the nuclear accord.The resolution will not completely lift all Council restrictions on Iran. It maintains an arms embargo, and sets up a panel to review the import of sensitive technology on a case-by-case basis.It also sets up a way to renew sanctions if Iran does not abide by its commitments. In the event of an unresolved dispute over Iran’s enrichment activities, the United Nations sanctions snap back automatically after 30 days. To avoid the sanctions renewal requires a vote of the Council — giving skeptics, namely the United States, an opportunity to veto it.
Paul Merrell

Asia Times Online :: The self-beheading House of Saud - 0 views

  • By Pepe Escobar Don't count on a female Saudi playwright writing a 21st century remix of John Osborne's Look Back in Anger starring a bunch of non-working class Saudi royals. But anger it is - from King Abdullah downwards; not only at the UN's "double standards" but especially - hush hush - at the infidel Obama administration. This is the official Saudi explanation for spurning a much-coveted two-year term at the UN Security Council, only hours after its nomination. No wonder the House of Saud's unprecedented self-beheading move was praised only by the usual minion suspects; petro-monarchies of the Gulf Counter-revolution Club, aka Gulf <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> Cooperation Council (GCC) as well as Egypt, who now depends on Saudi money to pay its bills and barely survive. Kuwait shared Riyadh's pain, enough to send "a message to the world". The UAE said the UN now had the "historical responsibility" to review its role. Bahrain - invaded by the Saudis in 2001 - stressed the "clear and courageous stand". Cairo said the whole thing was "brave".
  • How brave, indeed, to lobby Arab and Pacific nations for two years, and to spend a fortune training a dozen diplomats in New York for months just to say "no" when you get the prize. The House of Saud would have replaced Pakistan with a Pacific seat; Morocco stays until 2015, in an African seat. As early as five months ago the Saudi seat was considered a done deal at the UN.
  • Apart from a few Middle Eastern spots, no one is seriously losing sleep over the adolescent Saudi move - which displays a curious notion of leverage, as in choosing a PR spin reinventing the corrupt petro-monarchy as the "principled" champions of a cause (UN reform) just as they might have a crack at trying to influence it from within. That would have implied more scrutiny. For instance, this Monday the Human Rights Council, another UN institution, duly blasted Saudi Arabia on its sterling record of discrimination against women and sectarianism, following reports by Human Rights Watch and Amnesty International. As a member of the UN Security Council, the discrepancy between the medievalist reality inside Saudi Arabia and its lofty "reformist" agenda would be even more glaring.
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  • The perennial Saudi Foreign Minister, Prince Saud al-Faisal had lunch with US Secretary of State John Kerry at the Prince's very private luxury digs in Paris this Monday. The mystery is which kafir fluid was consumed; no doubts though in the official, harmless spin; they agreed on a nuclear-free Iran, an end to the war in Syria and a "stable" Egypt. Before the Paris bash, during the weekend, Bandar Bush was already in his trademark full gear, openly announcing to European diplomats in Riyadh that he will buy his Syria-bound weapons somewhere else, will dissociate his scheme from the CIA, and will train "his" rebels with other players, mostly France and Jordan. The Wall Street Journal has the story, which predictably has not surfaced in Arab media (90% of it controlled by different branches of the House of Saud). Even more interesting is two other pieces of information leaked by diplomats. The House of Saud wanted the US to provide them with targets to be hit inside Syria when Obama's kinetic whatever would start. Washington adamantly refused.
  • Better yet; Washington allegedly told Riyadh the US would not be able to defend the Shi'ite majority, oil-rich Eastern Province if the Tomahawks started flying over Syria. Imagine the horror show in Riyadh; after all, mob protection against petrodollars recycled/invested in the US economy is the basis of this dysfunctional marriage for nearly seven decades. So that should lead us to the now much hyped "independent Saudi foreign policy posture" to be implemented in relation to Washington. Don't hold your breath. As much as the House of Saud is completely paranoid regarding the Obama administration's latest moves, throwing a fit will not change the way the geopolitical winds are blowing. Iran's geopolitical ascent is inevitable. A Syrian solution is on the horizon. No one wants batshit crazy jihadis roaming free from Syria to Iraq to the wider Middle East. The Saudi spin about creating "a new security arrangement for the Arab world" is a joke - as depicted by Saudi-financed shills such as this.
  • The bottom line is that an angry, fearful House of Saud does not have what it takes to confront benign protector Washington. Throwing a fit - as in crying to attract attention - is for geopolitical babies. Without the US - or "the West" - who's gonna run the Saudi energy industry? PhD-deprived camels? And who's gonna sell (and maintain) those savory weapons? Who's going to defend them for smashing the true spirit of the Arab Spring, across the GCC and beyond? Perennial Foreign Minister Prince Saud is gravely ill. He will be replaced by a recently appointed deputy prime minister. Guess who? Prince Abdul Aziz bin Abdullah, the king's son. Instead of a "principled" stance against "double standards", the House of Saud move at the UN feels more like nepotism.
Paul Merrell

'This Week' Transcript: Ambassador Samantha Power - ABC News - 0 views

  • STEPHANOPOULOS: And we are joined now by the U.S. Ambassador to the United Nations Samantha Power. Thanks for coming back to This Week. And you know, the president said he's prepared to strike Syria. Those strikes could be imminent. Will the United States try to get UN Security Council authorization first? Or do you accept now that's just not going to be possible? SAMANTHA POWER, U.S. AMBASSADOR TO THE UNITED NATIONS: Well, let me say that Secretary Kerry just convened a meeting of the Security Council on Friday which showcased just how much support there is on the Security Council and in the broader international community for the anti-ISIL effort. STEPHANOPOULOS: But the Russia veto.
  • POWER: Russia has vetoed in the past, but on very different issues. I think Russia has made clear for a long time its opposition to ISIL. The Iraqis have appealed to the international community to come to their defense not only in Iraq, but also to go after safe havens in foreign countries. And what they mean by that of course is Syria. And they're quite explicit about that. So they have made an appeal to the international community for collective defense. And we think we have a legal basis we need if the president decides... STEPHANOPOULOS: Without a UN authorization. POWER: Consistent with the UN charter, we -- it will depend on the facts and circumstances of any particular strike in Syria, but we have a legal basis we need.
  •  
    Context: U.S. Ambassador to the U.N., Samantha Power, holds the U.N. Security Council's rotating chair this month. Powers'  claims a right for the U.S. to wage war against ISIL in Syria on grounds of the collective security exception to the U.N. Charter's prohibition; that is, that the U.S. has a collective security agreement with the nation of Iraq, that makes it lawful for the U.S. to strike ISIL. True enough as a matter of international law, ignoring the fact that Obama has yet to obtain permission from the U.S. Congress, which the U.S. Constitution requires him to do. But ISIL is not the nation of Syria; hence to attack ISIL in Syria, an additional exception is necessary for both Iraq and the U.S. The only other recognized exception that might seem to do deals with the situation when a nation in which a private organization inflicting harm on another nation  is "unwilling or unable" to protect the second nation (Iraq) from the depradations of the private organization. And that is where Powers' legal analysis dissembles because the U.S. has been actively attempting to overthrow the Syrian government via proxy terrorist organizations including ISIL. So the U.S. lacks clean hands in claiming any lawful right to invade Syria on the theory that the Syrian government is unwilling or unable to put down the ISIL organization. The Syrian government is certainly willing and has been attempting to do so. But its inability to do so thus far is entirely due to the U.S., its Gulf Coast state allies, and its ally Turkey continuing to supply ISIL and other terrorist groups in Syria with weapons, training, and supplies, aimed at overthrowing the Syrian government. The doctrine of unclean hands has limited applicability in international law governing human rights. See Lisa LaPlante, The Law of Remedies and the Clean Hands Doctrine: Exclusionary Reparation Policies in Peru's Political Transition, 23 Am Univ Int Law Rev 50 (2007), https://digitalcommons.wcl.american.edu/cg
Paul Merrell

US Boycotts Pakistan's Push For Greater Transparency On Drone Strikes - 0 views

  • The United States is refusing to participate in UN Human Rights Council talks about greater accountability for human rights violations in covert drone wars. Foreign Policy reporter Colum Lynch, who broke the story Wednesday, says the U.S. is opting out of discussions about a draft Pakistani resolution aimed at the U.S. drone strikes. Lynch explains: The Pakistani draft, which was obtained by Foreign Policy, urges states to “ensure transparency” in record-keeping on drone strikes and to “conduct prompt, independent and impartial investigations whenever there are indications of any violations to human rights caused by their use.” It also calls for the convening of “an interactive panel discussion” on the use of drones. During the third round of talks on Wednesday about the resolution, the United States was notably absent. The boycott marks a shift from President Obama’s decision in 2009 to join the Human Rights Council after years of U.S. boycott at the behest of former President George W. Bush.
  • Yet, the move is in keeping with the Obama administration’s diligent refusal to share public information about those U.S. drone wars and those killed in the attacks. A “modest” initiative in the U.S. Senate that would have forced the U.S. government to publicly report and identify those killed by U.S. drone strikes overseas failed last November. While the Obama administration has repeatedly claimed that civilian deaths in drone strikes are minimal, the Bureau of Investigative Journalism documents alarming rates of civilian deaths by covert U.S. attacks in Yemen, Pakistan, and Somalia. Furthermore, in a 21-page report released earlier this month, UN special rapporteur on human rights Ben Emmerson identifies drone strikes in Afghanistan, Pakistan, Yemen, Somalia, and Gaza in which civilians were killed, injured, or threatened in drone attacks by the U.S. and close ally Israel. The U.S. still has not answered for numerous high-profile attacks, including a December 2013 U.S. drone strike on a recent wedding procession in Yemen near the city of Rad’a that left 12 people dead and at least 15 wounded. The boycott of the talks comes as the U.S. escalates its covert drone war in Yemen, with at least seven suspected strikes in the first two weeks of March.
Paul Merrell

Exclusive: at ICC Palestine seeks 23 counts against Israel, 7 war crimes - 0 views

  • Palestinian leaders seek to charge Israel at the International Criminal Court in The Hague with the crime of “Apartheid” and 22 other criminal counts, including seven war crimes. A thick set of documents containing evidence and arguments was ceremoniously handed over to the ICC today at its headquarters, according to Shawan Jabarin, the director of the Palestinian human rights group Al Haq. Jabarin said he had seen the documents in Ramallah and that the case file covers three areas of Israeli violations under international law: the summer war in Gaza in 2014, settlements in East Jerusalem and the West Bank, and issues relating to Palestinian prisoners. Most of the pages are of “legal analysis and legal arguments” he said, in which Palestinians gave technical explanations to the court for how Israel broke specific regulations.
  • The dossier is organized into sections, one for each of the 23 counts against Israel. Aside from asserting that Israel has violated the United Nations definition of “Apartheid,” Jabarin said the report also names specific crimes such as the “targeting of civilians” in Gaza, and violations of rights to due process for Palestinian detainees held in Israeli prisons who are then prosecuted under Israeli military code. Military courts boast a 99.9% conviction rate and trials last an average of five minutes. Palestinians rights groups say these courts violate their fundamental rights to a fair trial. Additionally, Israel transfers Palestinians from the occupied territory to a number of prisons inside Israel in what the Palestinian brief argues is a violation of the Fourth Geneva Convention.   The evidence used to support each of the Palestinian claims is sourced from field investigations by the Palestinian government, and reports published by the human rights groups Al Haq, Human Rights Watch and Amnesty International. Surprisingly Jabarin indicated the United Nations Human Rights Council’s (UNHRC) report published Sunday outlining “possible war crimes” committed by Israel and Hamas was not included, despite Palestinian leaders stating repeatedly over the past few months that they would courier a copy to the ICC. Even so, the court has the ability to solicit their own research materials including ordering the UN report.
  • Last winter after Palestine joined the ICC, its leaders sought to compel the ICC to look into war crimes committed by Israel. However, Palestinian President Mahmoud Abbas was barred at that time from calling for a criminal investigation. His hands were tied by a four-month waiting period for new members to the court. All the same, Palestinian officials exploited a loophole in the ICC rules to initiate a “preliminary inquiry” against Israel within their first months of joining the ICC. Now that freeze against filing charges against Israel has elapsed, Palestinian officials hope that their documents turned over to the court today will upgrade the inquiry into a full investigation, giving the court the power to summons Israeli officials for a trial. Yet there is no guarantee that the court will charge Israel, and Israel can still take actions that would immobilize The Hague. 
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  • The ICC can only move to charge Israel once its internal war crimes investigations closes. The ICC does not prosecute countries or leaders who are sanctioned by their own legal systems. Right now, Israel still has a handful of cases open that could lead to indictments. On the other hand, prosecution in the ICC could be nearing for Hamas for the alleged war crimes it committed during the war, including the targeting of civilians by rocket fire and the killings of so-called collaborators. The UN Human Rights Council report revealed the Islamic movement that rules Gaza does not have any system of internal review, which is the only mechanism that could outright block the ICC from opening charges. As a result, Hamas is currently more exposed to the long arm of the ICC than Israel.
Paul Merrell

No, Israel Does Not Have the Right to Self-Defense In International Law Against Occupie... - 0 views

  • On the fourth day of Israel's most recent onslaught against Gaza's Palestinian population, President Barack Obama declared, “No country on Earth would tolerate missiles raining down on its citizens from outside its borders.” In an echo of Israeli officials, he sought to frame Israel's aerial missile strikes against the 360-square kilometer Strip as the just use of armed force against a foreign country. Israel's ability to frame its assault against territory it occupies as a right of self-defense turns international law on its head.  A state cannot simultaneously exercise control over territory it occupies and militarily attack that territory on the claim that it is “foreign” and poses an exogenous national security threat. In doing precisely that, Israel is asserting rights that may be consistent with colonial domination but simply do not exist under international law. 
  • Admittedly, the enforceability of international law largely depends on voluntary state consent and compliance. Absent the political will to make state behavior comport with the law, violations are the norm rather than the exception. Nevertheless, examining what international law says with regard to an occupant’s right to use force is worthwhile in light of Israel's deliberate attempts since 1967 to reinterpret and transform the laws applicable to occupied territory. These efforts have expanded significantly since the eruption of the Palestinian uprising in 2000, and if successful, Israel’s reinterpretation would cast the law as an instrument that protects colonial authority at the expense of the rights of civilian non-combatants.  
  • International Law places the responsibility upon the commanding general of preserving order, punishing crime, and protecting lives and property within the occupied territory. His power in accomplishing these ends is as great as his responsibility.  The extent and breadth of force constitutes the distinction between the right to self-defense and the right to police. Police authority is restricted to the least amount of force necessary to restore order and subdue violence. In such a context, the use of lethal force is legitimate only as a measure of last resort. Even where military force is considered necessary to maintain law and order, such force is circumscribed by concern for the civilian non-combatant population. The law of self-defense, invoked by states against other states, however, affords a broader spectrum of military force. Both are legitimate pursuant to the law of armed conflict and therefore distinguished from the peacetime legal regime regulated by human rights law. 
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  • Military occupation is a recognized status under international law and since 1967, the international community has designated the West Bank and the Gaza Strip as militarily occupied. As long as the occupation continues, Israel has the right to protect itself and its citizens from attacks by Palestinians who reside in the occupied territories. However, Israel also has a duty to maintain law and order, also known as “normal life,” within territory it occupies. This obligation includes not only ensuring but prioritizing the security and well-being of the occupied population. That responsibility and those duties are enumerated in Occupation Law.  Occupation Law is part of the laws of armed conflict; it contemplates military occupation as an outcome of war and enumerates the duties of an occupying power until the peace is restored and the occupation ends. To fulfill its duties, the occupying power is afforded the right to use police powers, or the force permissible for law enforcement purposes. As put by the U.S. Military Tribunal during the Hostages Trial (The United States of America vs. Wilhelm List, et al.)
  • To equate the two is simply to confuse the legal with the linguistic denotation of the term ”defense.“ Just as ”negligence,“ in law, does not mean ”carelessness” but, rather, refers to an elaborate doctrinal structure, so ”self-defense” refers to a complex doctrine that has a much more restricted scope than ordinary notions of ”defense.“  To argue that Israel is employing legitimate “self-defense” when it militarily attacks Gaza affords the occupying power the right to use both police and military force in occupied territory. An occupying power cannot justify military force as self-defense in territory for which it is responsible as the occupant. The problem is that Israel has never regulated its own behavior in the West Bank and Gaza as in accordance with Occupation Law. 
  • Once armed conflict is initiated, and irrespective of the reason or legitimacy of such conflict, the jus in bello legal framework is triggered. Therefore, where an occupation already is in place, the right to initiate militarized force in response to an armed attack, as opposed to police force to restore order, is not a remedy available to the occupying state. The beginning of a military occupation marks the triumph of one belligerent over another. In the case of Israel, its occupation of the West Bank, the Gaza Strip, the Golan Heights, and the Sinai in 1967 marked a military victory against Arab belligerents.  Occupation Law prohibits an occupying power from initiating armed force against its occupied territory. By mere virtue of the existence of military occupation, an armed attack, including one consistent with the UN Charter, has already occurred and been concluded. Therefore the right of self-defense in international law is, by definition since 1967, not available to Israel with respect to its dealings with real or perceived threats emanating from the West Bank and Gaza Strip population. To achieve its security goals, Israel can resort to no more than the police powers, or the exceptional use of militarized force, vested in it by IHL. This is not to say that Israel cannot defend itself—but those defensive measures can neither take the form of warfare nor be justified as self-defense in international law. As explained by Ian Scobbie:  
  • When It Is Just to Begin to Fight  The laws of armed conflict are found primarily in the Hague Regulations of 1907, the Four Geneva Conventions of 1949, and their Additional Protocols I and II of 1977. This body of law is based on a crude balance between humanitarian concerns on the one hand and military advantage and necessity on the other. The post-World War II Nuremberg trials defined military exigency as permission to expend “any amount and kind of force to compel the complete submission of the enemy…” so long as the destruction of life and property is not done for revenge or a lust to kill. Thus, the permissible use of force during war, while expansive, is not unlimited.  In international law, self-defense is the legal justification for a state to initiate the use of armed force and to declare war. This is referred to as jus ad bellum—meaning “when it is just to begin to fight.” The right to fight in self-defense is distinguished from jus in bello, the principles and laws regulating the means and methods of warfare itself. Jus ad bellum aims to limit the initiation of the use of armed force in accordance with United Nations Charter Article 2(4); its sole justification, found in Article 51, is in response to an armed attack (or an imminent threat of one in accordance with customary law on the matter). The only other lawful way to begin a war, according to Article 51, is with Security Council sanction, an option reserved—in principle, at least—for the defense or restoration of international peace and security.
  • Noura Erakat
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

Putin signs "undesirable NGOs" Bill into Law | nsnbc international - 0 views

  • Russian President Vladimir Putin has signed a bill, enabling the designation of foreign and foreign-funded NGOs as undesirables after the bill passed both the Lower and Upper House of Parliament.
  • The bill authorizes the designation of foreign and foreign funded non-profit as well as for profit NGOs as “undesirables” on grounds of “national security. The bill passed the second reading in Russia’s Lower House of Parliament (State Duma), last week and was approved by the Upper House of Parliament, the Federation Council. The bill had been proposed by legislators of the governing United Russia party of President Vladimir Putin, The passing of the bill in both houses of parliament and the signing of the bill by Putin was no surprise since United Russia has a majority in both chambers. The bill has been heavily criticized by foreign, particularly western media, western politicians and primarily western-based or funded NGOs, including Human Rights Watch, Amnesty International, among many others. One of the NGOs that is certain to fall under the provisions of the bill is USAID.
  • he new law follows up on a law that was adopted in 2012 that obliged foreign-funded non-governmental organizations to register as “foreign agents”. The law provides for declaring foreigners and foreign-funded NGOs as“undesirable”. Persons who are violating the newly adopted law could face a fine up to 10,000 dollar to be paid in local currency and up to six years imprisonment. Supporters of the bill are referring to the risk that foreign-funded NGOs could pose to the Russian Federation’s national security while critics maintain that the wording of the legislation and especially the term “undesirable” is ambiguous and opens the floodgates for the abuse of the law to crack down on legal and legitimate dissent.
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  • While the wording and the use of “undesirable” is ambiguous and does pose legal problems as much as it opens the floodgates for the abuse of the legislation, there may be a good reason for keeping the wording ambiguous. Internationally acting NGOs have increasingly become “weaponized”; That is, that they have increasingly been utilized as tool for everything from supporting legitimate dissent to the organization of political violence and coup d’état. Another disturbing fact is that this pattern includes UN organizations such as the UN Interagency Framework Team for Preventive Action (Framework Team). Examples? Doctors Without Borders (MSF) played a key role in accusing the Syrian government for the use of chemical weapons, stating MSF sources. Later on the NGO had to admit that it had no staff in Damascus and exclusively relied on statements by “partners” in “rebel-held territories”.
  • Amnesty International for its part issued a report about alleged war crimes committed during NATO’s bombing of Libya in 2011. A 2012 report by Amnesty International claimed that Operation Unified Protector, authorized by UNSC Resolution 1973 has resulted in 55 documented cases of named civilian casualties, including 16 children and 14 women that were killed in air strikes in the capital Tripoli and the towns of Zliten, Majer, Sirte, and Brega. The low figure is utterly inconsistent with casualty figures provided by local NGOs as well as documented eyewitness reports. Two things are worth considering with regard to the Amnesty report. During the first night of the operation NATO forces launched over 100 cruise missiles into Tripoli alone.
  • The Director of Amnesty International at that time was Suzanne Nozzel, who also worked as adviser on U.S. government – NGO relations for the then U.S. Secretary of State Hillary Clinton.
  • While Human Right Watch does, indeed, engage in justified human rights advocacy, it has also been engaged in issuing strongly biased reports, in politicizing that “representatives are denied entry to e.g. Egypt”, while failing to mention that proper visa procedures had not been followed, and so forth. The most disturbing NGO may, however, be the UN Interagency Framework Team for Preventive Action. The Framework Team is largely privately funded with George Soros as one of the primary sponsors. The NGO under UN cover is “coordinating UN, governmental and non-governmental initiatives”.
  • The UN organization could undoubtedly be useful but it has also been sharply criticized for “fanning the flames” of the inter-communal violence in Myanmar’s Rakhine State, and for its active role in creating rather than preventing ethnic and sectarian disputes and violence in Nepal. In both the case of Myanmar and in the case of Nepal it is easy to establish ties between the Framework Team and Western or Western allied intelligence services. Criticism of the ambiguous wording of the new Russian legislation is, in other words, as justified as criticism of NGOs who prostitute themselves and the best intentions of the members at their base as pawns in geopolitical chess-games.
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    More than understandable given the long history of the U.S. weaponizing NGOs in aid of its "color revolutions" strategy to overthrow governments in secular states and left-leaning democracies. The most recent examples are the successful U.S. coup in Ukraine and the thrice-failed coup attempts in Venezuela.  U.S. NGOs have been attempting to provoke such a coup in Russia for some time but have failed thus far because of Putin's immense popularity and a perhaps better-informed Russian public. The Russian people know they are under attack and have wisely closed ranks rather than falling for a divide-and-conquer strategy. Venezuela recently enacted similar legislation.  
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