Prosecutors from the International Criminal Court (ICC) today revealed that the results of a preliminary probe have suggested the US likely committed war crimes during the occupation of Afghanistan, saying that the probe suggested troops and the CIA tortured at least 61 detainees.
The United States has made a point of not becoming a member of the ICC specifically to try to prevent American personnel from facing legal repercussions for war crimes. The ICC, however, has jurisdiction in this case because Afghanistan is a member, and the torture happened on Afghan soil.
The report said the evidence suggests the torture was not the abuses of a few isolated individuals, but rather part of a systematic US approach of mistreating detainees to try to extract “actionable intelligence” from them. The report added that secondary investigations are also ongoing related to CIA torture in Poland, Romania, and Lithuania.
Such preliminary probes are obviously just the first step, and are meant to determine if there is enough evidence and a legal basis for jurisdiction to launch a full-scale investigation. While Afghanistan obviously gives them jurisdiction, it isn’t clear if they will move forward.
That’s because the ICC would also have to establish that the war criminals are not being prosecuted for their crimes at home, and they are still seeking to get all the details of all the court-martial cases and the like the US has conducted.
Even then, the ICC has never gone on to launch a full investigation in anyplace but Africa so far, and the international body may be loathe to move from prosecuting Tuareg rebels in Mali to trying to go after CIA torture-masters.
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ICC Prosecutors: US Likely Committed War Crimes In Afghanistan - 0 views
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Australia, UK, US all complicit in Indonesian 1965 massacres, international judges say ... - 0 views
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A non-binding international tribunal at The Hague has found Australia, the United Kingdom and the United States were complicit in facilitating the 1965 mass killings in Indonesia.
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An estimated half a million people perished in what was one of the worst massacres of the 20th Century. The killings were triggered by a failed coup that led to the deaths of six army generals, followed by the mass targeting of communists.The International People's Tribunal at The Hague has now ruled that Indonesia committed crimes against humanity, but the finding is non-binding and carries no legal weight.The judges found allegations of "cruel and unspeakable murders" and the "unjustifiable imprisonment of hundreds of thousands of people without trial" was well founded."It has also been demonstrated that sexual violence, particularly against women, was systematic and routine, especially during the period 1965 to 1967," the report said.The judges found Indonesia responsible for the crimes and called for the current administration to apologise and to institute investigations and prosecutions of those perpetrators who are still alive."Furthermore, the archives should be opened and the real truth on these crimes against humanity should be established," the judges said.The tribunal's report found Australia, the US and the UK complicit by using propaganda to manipulate international opinion in favour of the Indonesian army.
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The report said Australia and the UK, " … shared the US aim of seeking to bring about the overthrow of president Sukarno.""They continued with this policy even after it had become abundantly clear that killings were taking place on a mass and indiscriminate basis. On balance, this appears to justify the charge of complicity," the report said.The report detailed horrifying details of rape and torture, including accused communists being forced to drink soldiers' urine, while in other cases victims' ears were cut off and they were forced to consume them.According to the report, other acts of torture included, burning body parts, electric shocks, water torture, pulling out of fingernails and tying victims inside a sack with snakes.
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Egyptian Legislators Call on Security Council to Refer Blair and Bush to the ICC for Wa... - 0 views
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The Egyptian Parliament’s Arab Affairs Committee, on Friday, requested that the UN Security Council refers Tony Blair and George W. Bush to the International Criminal Court to try both for crimes against peace and war crimes related to the 2003 invasion of Iraq. The request is likely to fail because the UK and USA have veto right at the Council. It will, however, shed light on the fact that citizens of permanent UNSC member States can act with impunity, and the urgent need to reform the UN.
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Growing boycott will "hit each of us in the pocket" warns Israel finance minister | The... - 0 views
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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.
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Lapid, leader of the Yesh Atid faction, is the senior coalition partner of Israeli Prime Minister Benjamin Netanyahu.
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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.
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Lapid, an alleged “centrist” who has habitually made anti-Arab comments, joins other senior politicians who have warned about the looming threat of boycott. Recently, the chair of the governing coalition’s Habayit Hayehudi party said that boycott was the “greatest threat” Israel faced. Justice minister and war crimes suspect Tzipi Livni also warned that “The boycott is moving and advancing uniformly and exponentially … Those who don’t want to see it, will end up feeling it.”
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This is the largest part of the real back story on John Kerry's feverish effort to negotiate a two-state solution to the Israel-Palestine apartheid problem. The Palestinian Boycott, Divestment, and Sanctions ("BDS") movement against Israel is growing rapidly, nearly doubling the rate of growth of the former BDS movement that successfully ended apartheid government of South Africa. Israel has become a pariah state diplomatically because of its war crimes against Palestinians and because of BDS, is increasingly becoming a pariah state economically. At the same time, Israel has illegally colonized Palestine to the extent that a 2-state solution is all but impossible, meaning that the most likely outcome is that Israel will cease being the "Jewish State" and be forced to grant equality to Palestinians as well in a new secular government. The situation became all the more dire for Israel as the "Jewish State" when the U.N. General Assembly granted Palestine observer state status, opening the way for Palestine to, e.g., pursue criminal prosecution of Israeli leaders for war crimes before the International Criminal Court. That has dramatically increased the Palestinian Authority's leverage in negotiations. Kerry is on a rescue mission to see if he can coerce the Palestinian Authority to cede sufficient land and powers to Israel to make a 2-state solution credible. Kerry's leverage is that the U.S. has been underwriting the Palestinian Authority's expenses and can threaten to withdraw the financial support. All of which brings it down to the question of Palestinian Authority leadership corruption. If the PA stands tall and refuses to accept Kerry's ridiculous demands, there will almost certainly be no 2-state solution, ever, because Israel continues to colonize Palestine and has locked up most of Palestine's water resources. Further colonization means still less water for an "independent" Palestine state. The Palestine Authority, on the other hand, suffered f
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New Israeli legal campaign accuses Abbas of 'terrorism' | Maan News Agency - 0 views
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Right-wing Israeli political parties have begun a campaign to sue president Abbas for "war crimes" at the International Criminal Court in response to the Palestinian Authority's recent decision to join international conventions and treaties.The campaign comes amid a near breakdown in ongoing peace negotiations between Israel and the PLO, and seeks to file legal procedures against Abbas accusing him of supporting "terrorism" and aiding to terrorist organizations.Beginning on Friday, Israeli newspapers and websites have published advertisements calling on Israeli lawyers to join the campaign led by the Israel Law Center to sue Palestinian president Mahmoud Abbas on charges of supporting terrorist organizations.
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Right-wing Israeli political parties have begun a campaign to sue president Abbas for "war crimes" at the International Criminal Court in response to the Palestinian Authority's recent decision to join international conventions and treaties.The campaign comes amid a near breakdown in ongoing peace negotiations between Israel and the PLO, and seeks to file legal procedures against Abbas accusing him of supporting "terrorism" and aiding to terrorist organizations.Beginning on Friday, Israeli newspapers and websites have published advertisements calling on Israeli lawyers to join the campaign led by the Israel Law Center to sue Palestinian president Mahmoud Abbas on charges of supporting terrorist organizations.
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Palestinian minister of justice Ali Muhanna told Ma'an that the Israeli government had "lost balance both politically and legally." Their response, he said, reflects the degree of rage in Israel towards the PA for attempting to join international conventions. Muhanna confirmed that Israel "cannot engage in any legal action at the ICC because Israel is not a signatory to the Rome Statute of the International Criminal Court." "Such legal proceedings are submitted through the ICC's Attorney General or through the UN Security Council.""Abbas' move isn't a war crime. But the ongoing Israeli settlement construction, confiscation of Palestinian money, killing and detention of children are war crimes," he added.
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Mideast war in March? - 1 views
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NATO war in Syria in March? Meanwhile, according to the Middle Eastern diplomatic and security officials speaking to WND, the international community is considering launching NATO airstrikes on Assad’s forces as soon as March if the opposition does not make major strides toward ending Assad’s regime. The NATO members, however, have been satisfied with the momentum of the opposition in the last few days, which saw a number of defectors from the Syrian military join the rebels, a move that also precipitated the downfall of Muammar Gadhafi’s regime before the NATO campaign in Libya. Similar to Gadhafi, Assad’s regime has been accused of major human rights violations, including crimes against humanity, in clamping down on a violent insurgency targeting his rule.
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Mass demonstrations were held in recent weeks in Syrian insurgent strongholds calling for the international NATO coalition in Libya to deploy in Syria. Just yesterday, 50 foreign ministers from Western and Arab nations got together in Tunis to demand that Syria allow aid to be delivered to civilians in the absence of any international force to resolve the conflict. Damascus officials claimed to WND that NATO troops are currently training in Turkey for a Turkish-led NATO invasion of Syria.
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Any deployment would most likely come under the banner of the same “Responsibility to Protect” global doctrine used to justify the U.S.-NATO airstrikes in Libya.
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Responsibility to Protect, or Responsibility to Act, as cited by President Obama, is a set of principles, now backed by the United Nations, based on the idea that sovereignty is not a privilege but a responsibility that can be revoked if a country is accused of “war crimes,” “genocide,” “crimes against humanity” or “ethnic cleansing.”
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In his address to the nation in April explaining the NATO campaign in Libya, Obama cited Responsibility to Protect doctrine as the main justification for U.S. and international airstrikes against Libya. The Global Center for Responsibility to Protect is the world’s leading champion of the military doctrine. As WND reported, billionaire activist George Soros is a primary funder and key proponent of the Global Center for Responsibility to Protect. Several of the doctrine’s main founders also sit on boards with Soros.
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Marbux is right - this report is filled with stunning information! "TEL AVIV - NATO countries are strongly considering the possibility of an international deployment to Syria if the Syrian opposition does not make major advances in the next few weeks, according to informed Middle Eastern diplomatic and security officials. Egyptian security officials, meanwhile, outlined what they said was large scale international backing for the rebels attacking the embattled regime of Syrian President Bashar Assad - including arms and training from the U.S., Turkey, Jordan and Saudi Arabia."
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One key point is that this article was published on February 24, 2012, long before the false flag sarin gas attack in late August of 2013 that was falsely attributed to the Assad government of Syria. Planning for a Libya-like NATO invasion of Syria was underway long before that attack. And the report gives us the information that the shipment of arms to and training of the Syrian opposition was already underway at that early date, if the report is accurate. All such activities were later confirmed by mainstream media, although I have not found any such reports that provide a beginning date. Hence the value of this report. The report also goes into some detail on the emerging international law norm of Responsibility to Protect ("RTP"), but misses some key aspects. RTP doctrine was an innovation in international law in response to massive genocidal events such as the Rwandan and Srebrenica Massacres. As international law stood before RTP, what happened entirely within the borders of a nation was an aspect of national sovereignty that international law could not interfere with. RTP cracked that barrier, holding that some human rights were so important that they deserved protection by international law, therefore the United Nations Security Council would be empowered to authorize intervention in cases involving wholly domestic genocide, war crimes, ethnic cleansing, and crimes against humanity. But omitted from the article is the fact that it is a doctrine to be exercised only by the U.N. Security Council; individual nations gain no license under the doctrine to launch their own wars to protect the citizens of another nation, whether directly or through proxies such as jihadi mercenaries. Russia has, quite properly in my opinion, vetoed U.S. sponsored draft resolutions based on RTP for Security Council authorization to intervene in Syria, because the U.S. is already an unlawful belligerent in Syria and because the U.S. so severely abused the Security Council's RTP r
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shared by Paul Merrell on 29 Jul 15
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Milosevic prosecutor claims top ICC official bowing to Israeli, US pressure | The Elect... - 0 views
electronicintifada.net/...ial-bowing-israeli-us-pressure
war & peace ICC Mavi-Marmara Gaza-Freedom-Flotilla Israel war crimes prosecution
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The chief prosecutor of the International Criminal Court (ICC) is appealing a ruling ordering her to reconsider her decision not to investigate Israel’s lethal attack on an aid flotilla to Gaza five years ago. But Geoffrey Nice, lead counsel for victims and families of those killed in the Israeli attack on the Mavi Marmara, told The Electronic Intifada that the arguments Chief Prosecutor Fatou Bensouda has put forward are “complete hogwash.” Nice, who worked for the International Criminal Tribunal for the Former Yugoslavia from 1998 to 2006, led the prosecution of former Serbian President Slobodan Milošević. Nice and his law firm Stoke and White also represent the government of Comoros, the Indian Ocean archipelago state where the Mavi Marmara is registered. Instead of doing her job and properly investigating the case, Nice said, Bensouda’s appeal is “a last ditch attempt to do what would be expected of her by the US and supporters of Israel.”
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A professor of law at London’s Gresham College who has previously represented victims before the ICC, Nice said he doubted that Bensouda even had a right to go to the appeal judges at this stage. He said his first legal response would be to ask them to throw her appeal out on procedural grounds. Serious errors Earlier this month, a panel of ICC judges found in a scathing 2-1 ruling that Bensouda had made serious errors of fact and law in her decision not to pursue the case. They said that the chief prosecutor had underestimated the seriousness and international significance of the crimes and ordered her to review her decision not to proceed with an investigation into the attack. In the early hours of 31 May 2010, Israeli commandos boarded and seized the flotilla boats in international waters in the eastern Mediterranean. Israeli forces carried out a particularly violent armed attack on the largest vessel, Mavi Marmara, killing nine persons. A tenth victim died of his injuries in June 2014. The victims were all Turkish citizens. One of them, 18-year-old Furkan Doğan, was also a US citizen.
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The initial request for the ICC to investigate the killings was submitted in 2013 by Comoros. Bensouda decided not to proceed with a full investigation in November 2014. Ignoring evidence In a notice of appeal filed Monday, Chief Prosecutor Bensouda says that the judges overstepped their mandate and trampled on her prosecutorial discretion by ordering her to review the case. She also claims that the ruling gives her no clear explanation of how to review her decision. But Nice said that her claims are “absolute rubbish” and the judges’ ruling is very clear about what matters and evidence should be looked at again. The judges’ 16 July ruling lists a long litany of errors by the prosecutor.
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These include that Bensouda “wilfully ignored” evidence submitted by Comoros that Israeli forces “fired live ammunition from the boats and the helicopters before the [Israeli forces] forces boarded the Mavi Marmara.” This information was supplemented by the UN Human Rights Council fact-finding mission and autopsy reports, which, according to the evidence submitted by Comoros, “indicate that persons were shot from above.” Intent to kill “For the purpose of her decision” whether or not to investigate, the judges conclude, “the prosecutor should have accepted that live fire may have been used prior to the boarding of the Mavi Marmara, and drawn the appropriate inferences.” “This fact is extremely serious and particularly relevant to the matter under consideration,” the ruling continues, “as it may reasonably suggest that there was, on the part of the [Israeli] forces who carried out the identified crimes, a prior intention to attack and possibly kill passengers on board the Mavi Marmara.” The judges also fault Bensouda for failing to properly consider the impact of the crimes beyond the immediate victims.
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srael’s violent actions against the Mavi Marmara would, the judges write, “have sent a clear and strong message to the people in Gaza (and beyond) that the blockade of Gaza was in full force and that even the delivery of humanitarian aid would be controlled and supervised by the Israeli authorities.” Rule of law Nice says the stakes are high – not just for this case but for other Palestine-related matters that might come before the ICC. In January, the court began a preliminary probe, at the request of the Palestinian Authority, that will include Israel’s attack on Gaza last summer that killed more than 2,200 Palestinians. Will such cases be handled according to the “rule of law,” Nice asks, or will victims witness “officials of the highest rank seeming yet again to bend the knee to the interests of Israel and the US?”
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Israel to engage with ICC over 'war crimes' probe | The Times of Israel - 0 views
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he Israeli government has reversed its position and will respond to the International Criminal Court’s investigation of Palestinian allegations of Israeli war crimes, the daily Haaretz newspaper reported Thursday
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The decision marks an about-face for Prime Minister Benjamin Netanyahu, who has previously refused to engage with the investigators. Israeli officials maintained, however, that their communications with the ICC probe will only be to reaffirm the government’s stance that the Palestinian Authority, as a non-state actor, does not have the right to open a case against Israel, the report said. “The Israeli position, like the position of other countries around the world, is that the International Criminal Court in The Hague has no authority to hear the Palestinian request since Palestine is not a country and because the Israeli judicial system is independent and can handle complaints on the matter of alleged war crimes,” an unnamed Israeli official told the newspaper. The decision to work with the ICC was apparently made by Netanyahu over the past few months, in collaboration with representatives of the justice and foreign ministries, the Israel Defense Forces and the National Security Council. Representatives from those same groups will reportedly travel to The Hague to meet with its chief prosecutor, Fatou Bensouda of The Gambia.
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United States v. United States Dist. Court for Eastern Dist. of Mich., 407 US 297 - Sup... - 0 views
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But a recognition of these elementary truths does not make the employment by Government of electronic surveillance a welcome development—even when employed with restraint and under judicial supervision. There is, understandably, a deep-seated uneasiness and apprehension that this capability will be used to intrude upon cherished privacy of law-abiding citizens.[13] We 313*313 look to the Bill of Rights to safeguard this privacy. Though physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed, its broader spirit now shields private speech from unreasonable surveillance. Katz v. United States, supra; Berger v. New York, supra; Silverman v. United States, 365 U. S. 505 (1961). Our decision in Katz refused to lock the Fourth Amendment into instances of actual physical trespass. Rather, the Amendment governs "not only the seizure of tangible items, but extends as well to the recording of oral statements . . . without any `technical trespass under . . . local property law.'" Katz, supra, at 353. That decision implicitly recognized that the broad and unsuspected governmental incursions into conversational privacy which electronic surveillance entails[14] necessitate the application of Fourth Amendment safeguards.
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National security cases, moreover, often reflect a convergence of First and Fourth Amendment values not present in cases of "ordinary" crime. Though the investigative duty of the executive may be stronger in such cases, so also is there greater jeopardy to constitutionally protected speech. "Historically the struggle for freedom of speech and press in England was bound up with the issue of the scope of the search and seizure 314*314 power," Marcus v. Search Warrant, 367 U. S. 717, 724 (1961). History abundantly documents the tendency of Government—however benevolent and benign its motives —to view with suspicion those who most fervently dispute its policies. Fourth Amendment protections become the more necessary when the targets of official surveillance may be those suspected of unorthodoxy in their political beliefs. The danger to political dissent is acute where the Government attempts to act under so vague a concept as the power to protect "domestic security." Given the difficulty of defining the domestic security interest, the danger of abuse in acting to protect that interest becomes apparent. Senator Hart addressed this dilemma in the floor debate on § 2511 (3):
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"As I read it—and this is my fear—we are saying that the President, on his motion, could declare— name your favorite poison—draft dodgers, Black Muslims, the Ku Klux Klan, or civil rights activists to be a clear and present danger to the structure or existence of the Government."[15] The price of lawful public dissent must not be a dread of subjection to an unchecked surveillance power. Nor must the fear of unauthorized official eavesdropping deter vigorous citizen dissent and discussion of Government action in private conversation. For private dissent, no less than open public discourse, is essential to our free society.
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As the Fourth Amendment is not absolute in its terms, our task is to examine and balance the basic values at stake in this case: the duty of Government 315*315 to protect the domestic security, and the potential danger posed by unreasonable surveillance to individual privacy and free expression. If the legitimate need of Government to safeguard domestic security requires the use of electronic surveillance, the question is whether the needs of citizens for privacy and free expression may not be better protected by requiring a warrant before such surveillance is undertaken. We must also ask whether a warrant requirement would unduly frustrate the efforts of Government to protect itself from acts of subversion and overthrow directed against it. Though the Fourth Amendment speaks broadly of "unreasonable searches and seizures," the definition of "reasonableness" turns, at least in part, on the more specific commands of the warrant clause. Some have argued that "[t]he relevant test is not whether it is reasonable to procure a search warrant, but whether the search was reasonable," United States v. Rabinowitz, 339 U. S. 56, 66 (1950).[16] This view, however, overlooks the second clause of the Amendment. The warrant clause of the Fourth Amendment is not dead language. Rather, it has been
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"a valued part of our constitutional law for decades, and it has determined the result in scores and scores of cases in courts all over this country. It is not an inconvenience to be somehow `weighed' against the claims of police efficiency. It is, or should 316*316 be, an important working part of our machinery of government, operating as a matter of course to check the `well-intentioned but mistakenly overzealous executive officers' who are a part of any system of law enforcement." Coolidge v. New Hampshire, 403 U. S., at 481. See also United States v. Rabinowitz, supra, at 68 (Frankfurter, J., dissenting); Davis v. United States, 328 U. S. 582, 604 (1946) (Frankfurter, J., dissenting). Over two centuries ago, Lord Mansfield held that common-law principles prohibited warrants that ordered the arrest of unnamed individuals who the officer might conclude were guilty of seditious libel. "It is not fit," said Mansfield, "that the receiving or judging of the information should be left to the discretion of the officer. The magistrate ought to judge; and should give certain directions to the officer." Leach v. Three of the King's Messengers, 19 How. St. Tr. 1001, 1027 (1765).
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Lord Mansfield's formulation touches the very heart of the Fourth Amendment directive: that, where practical, a governmental search and seizure should represent both the efforts of the officer to gather evidence of wrongful acts and the judgment of the magistrate that the collected evidence is sufficient to justify invasion of a citizen's private premises or conversation. Inherent in the concept of a warrant is its issuance by a "neutral and detached magistrate." Coolidge v. New Hampshire, supra, at 453; Katz v. United States, supra, at 356. The further requirement of "probable cause" instructs the magistrate that baseless searches shall not proceed. These Fourth Amendment freedoms cannot properly be guaranteed if domestic security surveillances may be conducted solely within the discretion of the Executive 317*317 Branch. The Fourth Amendment does not contemplate the executive officers of Government as neutral and disinterested magistrates. Their duty and responsibility are to enforce the laws, to investigate, and to prosecute. Katz v. United States, supra, at 359-360 (DOUGLAS, J., concurring). But those charged with this investigative and prosecutorial duty should not be the sole judges of when to utilize constitutionally sensitive means in pursuing their tasks. The historical judgment, which the Fourth Amendment accepts, is that unreviewed executive discretion may yield too readily to pressures to obtain incriminating evidence and overlook potential invasions of privacy and protected speech.[17]
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It may well be that, in the instant case, the Government's surveillance of Plamondon's conversations was a reasonable one which readily would have gained prior judicial approval. But this Court "has never sustained a search upon the sole ground that officers reasonably expected to find evidence of a particular crime and voluntarily confined their activities to the least intrusive means consistent with that end." Katz, supra, at 356-357. The Fourth Amendment contemplates a prior judicial judgment,[18] not the risk that executive discretion may be reasonably exercised. This judicial role accords with our basic constitutional doctrine that individual freedoms will best be preserved through a separation of powers and division of functions among the different branches and levels of Government. Harlan, Thoughts at a Dedication: Keeping the Judicial Function in Balance, 49 A. B. A. J. 943-944 (1963). The independent check upon executive discretion is not 318*318 satisfied, as the Government argues, by "extremely limited" post-surveillance judicial review.[19] Indeed, post-surveillance review would never reach the surveillances which failed to result in prosecutions. Prior review by a neutral and detached magistrate is the time-tested means of effectuating Fourth Amendment rights. Beck v. Ohio, 379 U. S. 89, 96 (1964).
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But we do not think a case has been made for the requested departure from Fourth Amendment standards. The circumstances described do not justify complete exemption of domestic security surveillance from prior judicial scrutiny. Official surveillance, whether its purpose be criminal investigation or ongoing intelligence gathering, risks infringement of constitutionally protected privacy of speech. Security surveillances are especially sensitive because of the inherent vagueness of the domestic security concept, the necessarily broad and continuing nature of intelligence gathering, and the temptation to utilize such surveillances to oversee political dissent. We recognize, as we have before, the constitutional basis of the President's domestic security role, but we think it must be exercised in a manner compatible with the Fourth Amendment. In this case we hold that this requires an appropriate prior warrant procedure. We cannot accept the Government's argument that internal security matters are too subtle and complex for judicial evaluation. Courts regularly deal with the most difficult issues of our society. There is no reason to believe that federal judges will be insensitive to or uncomprehending of the issues involved in domestic security cases. Certainly courts can recognize that domestic security surveillance involves different considerations from the surveillance of "ordinary crime." If the threat is too subtle or complex for our senior law enforcement officers to convey its significance to a court, one may question whether there is probable cause for surveillance.
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Nor do we believe prior judicial approval will fracture the secrecy essential to official intelligence gathering. The investigation of criminal activity has long 321*321 involved imparting sensitive information to judicial officers who have respected the confidentialities involved. Judges may be counted upon to be especially conscious of security requirements in national security cases. Title III of the Omnibus Crime Control and Safe Streets Act already has imposed this responsibility on the judiciary in connection with such crimes as espionage, sabotage, and treason, §§ 2516 (1) (a) and (c), each of which may involve domestic as well as foreign security threats. Moreover, a warrant application involves no public or adversary proceedings: it is an ex parte request before a magistrate or judge. Whatever security dangers clerical and secretarial personnel may pose can be minimized by proper administrative measures, possibly to the point of allowing the Government itself to provide the necessary clerical assistance.
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Thus, we conclude that the Government's concerns do not justify departure in this case from the customary Fourth Amendment requirement of judicial approval prior to initiation of a search or surveillance. Although some added burden will be imposed upon the Attorney General, this inconvenience is justified in a free society to protect constitutional values. Nor do we think the Government's domestic surveillance powers will be impaired to any significant degree. A prior warrant establishes presumptive validity of the surveillance and will minimize the burden of justification in post-surveillance judicial review. By no means of least importance will be the reassurance of the public generally that indiscriminate wiretapping and bugging of law-abiding citizens cannot occur.
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As the surveillance of Plamondon's conversations was unlawful, because conducted without prior judicial approval, the courts below correctly held that Alderman v. United States, 394 U. S. 165 (1969), is controlling and that it requires disclosure to the accused of his own impermissibly intercepted conversations. As stated in Alderman, "the trial court can and should, where appropriate, place a defendant and his counsel under enforceable orders against unwarranted disclosure of the materials which they may be entitled to inspect." 394 U. S., at 185.[21]
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shared by Paul Merrell on 05 Jan 15
- No Cached
Israel withholds funds, weighs lawsuits against Palestinians | Reuters - 0 views
www.reuters.com/...s-israel-idUSKBN0KC07Q20150103
war & peace Israel Palestine ICC war-crime-prosecutions
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(Reuters) - Israel will withhold critical tax revenue and seek ways to bring war crimes prosecutions against Palestinian leaders in retaliation for Palestinian moves to join the International Criminal Court (ICC), Israeli officials said on Saturday. On Friday, the Palestinians delivered documents to U.N. headquarters in New York on joining the Rome Statute of the ICC in The Hague and other global treaties with the aim of prosecuting Israelis for what they consider war crimes committed on their territory.
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This is highway robbery. Not only is this illegal, they are adding money theft to land theft. The revenues belong to the Palestinian people, they go to pay salaries and support our economy. Israel has no business deciding to steal our funds," senior Palestinian negotiator Hanan Ashrawi told Reuters.Under interim peace deals from the 1990s, Israel collects at least $100 million a month in duties on behalf of the Palestinian Authority.
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The ICC was set up to try war crimes and crimes against humanity such as genocide. Israel and the United States object to unilateral approaches by the Palestinians to world bodies, saying they undermine prospects for negotiating a peaceful settlement of the decades-old Middle East conflict.
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In addition to the revenue freeze, an Israeli official said Israel was "weighing the possibilities for large-scale prosecution in the United States and elsewhere" of Palestinian President Mahmoud Abbas and other senior Palestinian officials.Israel would probably press these cases via non-governmental groups and pro-Israel legal organizations capable of filing lawsuits abroad, a second Israeli official said.Israel sees the heads of the Palestinian Authority in the occupied West Bank as collaborators with the Islamist militant group Hamas, which dominates Gaza, because of a unity deal they forged in April, the officials said.Netanyahu had previously warned that unilateral moves by the Palestinian Authority at the United Nations would expose its leaders to prosecution over support for Hamas, viewed by Israel and much of the West as a terrorist organization.
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Abbas opted to join the ICC after losing a motion last week in the U.N. Security Council to set a 2017 deadline for a Palestinian state to be established in land occupied by Israel.The United States, Israel's main ally, supports an eventual independent Palestinian state, but has argued against unilateral moves like Friday's, saying they could damage the peace process.Washington sends about $400 million in economic support to the Palestinians every year. Under U.S. law, that aid would be cut off if the Palestinians used membership of the ICC to press claims against Israel.
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Crimes against Humanity. Israel's "Own Words": "We Must Expel Arabs…We Struck... - 0 views
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“We must expel Arabs and take their place.”– David Ben-Gurion, October 5 1937, Journal of Palestine Studies, Vol. 41, No. 2 (Winter 2012), University of California Press, pp. 245-250.*
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shared by Paul Merrell on 19 Aug 14
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Hague court under western pressure not to open Gaza war crimes inquiry | Law | The Guar... - 0 views
www.theguardian.com/...-western-pressure-gaza-inquiry
war & peace Israel Palestine Gaza ICC U.S.-foreign-policy
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The international criminal court has persistently avoided opening an investigation into alleged war crimes in Gaza as a result of US and other western pressure, former court officials and lawyers claim.In recent days, a potential ICC investigation into the actions of both the Israel Defence Forces and Hamas in Gaza has become a fraught political battlefield and a key negotiating issue at ceasefire talks in Cairo. But the question of whether the ICC could or should mount an investigation has also divided the Hague-based court itself.
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An ICC investigation could have a far-reaching impact. It would not just examine alleged war crimes by the Israeli military, Hamas and other Islamist militants in the course of recent fighting in Gaza that left about 2,000 people dead, including women and children. It could also address the issue of Israeli settlements in the Palestinian territories, for which the Israeli leadership would be responsible.
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shared by Paul Merrell on 22 Jan 15
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Israeli Government Watchdog Investigates Military's Conduct in Gaza War - NYTimes.com - 0 views
www.nytimes.com/...a-strip-war-investigation.html
war & peace Israel war-crimes Palestine Gaza self-investigtion ICC
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Israel’s government watchdog, the state comptroller, said on Tuesday that he had opened an investigation into decisions made by military and political leaders during last summer’s 50-day war with the Hamas militant group in Gaza.The announcement was Israel’s latest effort to head off an International Criminal Court inquiry into its conduct during the war, and came days after prosecutors at the court opened a preliminary examination of possible war crimes committed in the Palestinian territories, the first formal step that could lead to charges against Israelis.
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A United Nations Human Rights Council commission of inquiry into Israel’s military operations in the Gaza Strip is underway. The state comptroller’s announcement also came as Physicians for Human Rights-Israel, which opposes Israeli occupation of the territories captured in 1967, published a report criticizing what it said were failures of the Israeli military’s system for warning Gaza’s citizens of impending strikes during the fighting last summer. It also faulted the military for a lack of safe evacuation routes and for strikes against rescue teams.
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The International Criminal Court generally takes on only cases concerning countries that are unwilling or unable to investigate their own actions. In a statement, the Israeli state comptroller, Joseph Haim Shapira, highlighted this point as what was apparently a motivating factor in beginning his inquiry.
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“According to principles of international law,” the statement said, “when a state exercises its authority to objectively investigate accusations regarding violations of the laws of armed conflict, this will preclude examination of said accusations by external international tribunals (such as the International Criminal Court in The Hague).”
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The claim that self-investigation serves as an absolute bar to investigation and prosecution by the ICC drastically overstates the actual principle, which makes exceptions for situations in which the investigating state is unable or unwilling to conduct a thorough investigation and actually prosecute those most responsible for the crime, and for situations in which the state investigation is intended to shield those most responsible from criminal prosecution. An investigation by the Israeli Comptroller won't cut it. The Comptroller has no power to initiate prosecutions; he can only make recommendations to the Knesset, the Israeli parliament, He has no power to initiate criminal prosectuions. This announcement is pure and false propaganda,
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shared by Paul Merrell on 16 Jan 15
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ICC launches initial inquiry into potential war crimes in Palestinian territ... - Israe... - 0 views
www.ynetnews.com/...0,7340,L-4615851,00.html
war & peace Israel Palestine Gaza ICC war-crimes-investigation
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The prosecutor of the International Criminal Court says she has opened a preliminary probe into possible war crimes in Palestinian territories. Fatou Bensouda said in a statement Friday she will conduct the preliminary examination in "full independence and impartiality."
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Foreign Minister Avigdor Lieberman said Friday the ICC's scandalous decision intended to hurt Israel's right to defend itself from terror. "The same court which – with more than 200,000 dead in Syria – has not found cause to intervene there, or in Libya, or in other places, finds it appropriate to 'examine' the most moral military in the world, in a decision based entirely on anti-Israeli political considerations."
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On January 1, a day before requesting ICC membership, the Palestinian government asked the prosecutors to investigate alleged crimes committed on its territory since June 13, 2014, the day three Israeli teens were kidnapped and murdered in the West Bank, leading Israel to launch a military operation in Palestinian territories. "The office will conduct its analysis in full independence and impartiality," said the prosecution office in a statement, adding that it was a matter of "policy and practice" to open a preliminary examination after receiving such a referral. "The case is now in the hands of the court," said Nabil Abuznaid, head of the Palestinian delegation in The Hague. "It is a legal matter now and we have faith in the court system."
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Official sources in Jerusalem said "Israel categorically denies the announcement by the prosecutor on the opening of a preliminary examination based on the scandalous request by the Palestinian Authority." "The PA is not a country and thus there is no cause for the court, even accords to its rules, to undertake such an inquiry. The decision is absurd, even more so given that the PA cooperates with terror organization Hamas, which commits war crimes against Israel – who is fighting terror," added the sources. Palestinian Foreign Minister Riad Malki welcomed the move and said the Palestinian Authority would cooperate.
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Israel continues withholding Palestinian Tax Revenue | nsnbc international - 0 views
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The Cabinet of Israeli Prime Minister Benjamin Netanyahu decided to continue withholding tax revenue which Israel has been collecting on behalf of the Palestinian Authority in accordance with the 1993 Oslo Accords, report Israeli media.
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The Israeli government began withholding Palestinian tax revenues in December, in response to Palestine’s accession to over 20 international treaties, including the Rome Statute. UN Secretary-General Ban Kyi-moon announced that Palestine would become a member of the International Criminal Court (ICC) under the Rome Statutes on April 1, 2015. The Netanyahu administration denounced Palestine’s accession to the Rome Statute and Palestinian ICC membership as “a unilateral move in violation of the Oslo Accords”, while the Palestinian Authority is denouncing Israel for systematic violations of the Accords since 1993.
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The PLO and Palestinian Authority decided to sign over 20 international treaties in response to the rejection of a Jordanian-sponsored, Palestinian UN Security Council Resolution that called for a full withdrawal of Israel from the occupied Palestinian territories in 2017. The Palestinian Authority urgently depends on the tax revenue to pay the wages of over 170,000 public employees. Palestinian Prime Minister Rami Hamdallah urged the public employees to be patient and promised that the Palestinian Authority is working to resolve the issue and enable at least the partial payment of the salaries. In early January the Secretary-General of the Palestinian National Initiative, Dr. Mustafa Barghouti, denounced the Israeli reprisal as theft and an act of piracy.
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The withholding of the tax payments is indeed a violation of international law, a war crime under the Fourth Geneva Convention, which requires inter alia an occupying power to preserve the existing civilian government to the maximum extent consistent with military requirements. Of course the continuing occupation itself is a war crime under the same Convention. Israel siezed the Palestinian territories in its illegal war of aggression in 1967. Under the Fourth Geneva Convention, Israel was requried to withdraw its military forces immediately upon the cessation of hostilities. It has been only the U.S. heavy foreign and military aid and exercise of its veto power and at the U.N. Security Council that has permitted this atrocity to continue.
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U.S. AWOL soldier André Shepherd: European Court of Justice Advocate General ... - 0 views
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In the legal case of U.S. AWOL soldier André Shepherd (37) the European Court of Justice Advocate General, Eleanor Sharpton, today published her final opinion. This official statement contains guiding deliberations for the interpretation of the so-called Qualification Directive of the European Union. Amongst other considerations, these rules state that those endangered by prosecution or punishment for refusal to perform military service involving an illegal war or commital of war crimes, should be protected by the European Union. André Shepherd, former U.S. Army helicopter mechanic in the Iraq War, during leave in Germany, left his unit and in 2008, requested asylum in that country. 2011, the German Federal Office for Migration and Refugees refused Shepherd's application. Shepherd's resulting court action challenge resulted in the Munich Administrative Court's asking for the opinion of the European Court in Luxemburg on significant questions concerning the interpretation of the Qualification Directive. The Justice Advocate General came to the following conclusions:
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- The protection guaranteed by the Qualification Directive is also applicable to soldiers not directly involved in combat, when their duties could support war crimes. The German Federal Office for Migration and Refugees has as yet failed to respect this definition. - Within the asylum application process, a deserter is not obliged to prove that he was or could be involved in war crimes, as the German Federal Office for Migration and Refugees required. Necessary is only the evidence of war crime probability, based on past occurrences. - Even a U.N. mandate for a war, in which the deserter was, or could have been involved, cannot serve as grounds for rejection of his rights as a refugee. - The deserter must prove that he either had already been involved in a military service refusal case, or that for concrete reasons, he could not take advantage of this right. - In deciding the question, whether the military service objector is a member of a social or ethnic group as defined within the framework of E.U. Refugee Rights, the national authority should not only consider the degree and importance of his convictions, but also the degree of discrimination experienced in his own country.
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- The national authorities must investigate whether the asylum applicant's membership in a social or ethnic group could in probability lead to discriminative treatment as the result of a military court action or even dishonorable discharge.
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Big one from the Advocate Genereral of the European Court of Justice. The Court nearly always follows the opinion of the Advocate General. So members of the U.S. military may soon be able to desert the U.S. armed forces and find refuge in the E.U., free from fear of extradition by the U.S. The Court's press release is here. http://goo.gl/nvKpfN (.) That page includes a link to the court's docket where the Advocate General's opinion is found and where the Court's judgment will appear when delivered.
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shared by Paul Merrell on 31 Dec 15
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US Treasury Sued over Donations for Settlements - nsnbc international | nsnbc internati... - 0 views
nsnbc.me/...over-donations-for-settlements
war & peace Israel settlements litigation tax-free-donations
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A lawsuit has been filed in a US court seeking to stop non-profit groups from sending billions of dollars worth of tax-exempt donations to support illegal Israeli settlements and the Israeli army.
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A group of American citizens filed the suit on December 21 against the US Department of Treasury, claiming about 150 non-profits have sent an estimated $280bn to Israel over the past two decades. The lawsuit claims, according to Al Jazeera, that the donations were “pass-throughs” and “funnels” to support the Israeli army and the illegal settlements in the occupied Palestinian territories. The lawsuit claims that certain non-profit groups (including the Falic Family Foundation, FIDF (Friends of the Israeli Defence Force), American Friends of Ariel, Gush Etzion Foundation, American Friends of Har Homa, and Hebron Fund) directly contributed, tax-exempt, to violations of US law and international law, subverted US foreign policy, and contributed to countless crimes and human rights abuses targeting Palestinians. The Treasury Department, which has 60 days to respond to the lawsuit, declined to comment, stating in an email to Al Jazeera: “We don’t comment on pending litigation.”
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It's a lawsuit that's decades overdue. Israel's colonization of Palestine is a war crime forbidden by the Nuremberg Principles and the Fourth Geneva Convention, and through the Constituion's Treaty Clause, stand on the same footing as federal statutes. Encouraging war crimes through tax exemption is not a sustainable position for U.S. government in litigation. On the other hand, we have three Zionist Jews on the Supreme Court, so who knows. But if that tax exemption is lost in the U.S., look for similar government decisions in Europe.
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Manipulation of the Gold Market: China has Imported 2400 Tons of Gold and the... - 0 views
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We will no doubt look back upon the current era as the “crime of the century” for so many different reasons. Actually, current times represent the worst financial crimes of ALL TIME! The various crimes and how they are operated are too numerous to list and would probably fill a three volume set of books, let’s concentrate on just one. Central to everything is the U.S. issuing the global reserve currency by fiat knowing full well it truly means “non payment”. The absolute cornerstone to the dollar retaining confidence and thus value has been the suppression of the price of gold. Before getting to specifically what I’d like to point out, let’s look at a couple common sense points which beg questions. How is it China has been importing 2,400 tons of gold over the past two and a half years without any upward push to the gold price? This amount equals almost EXACTLY the TOTAL amount of gold mined annually around the world! How is it possible that ALL production has been purchased by China and yet the price goes down? The answer of course is quite simple unless you purposely close your eyes or disingenuously “apologize”.
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The argument from the apologists is that “traders” on COMEX and LBMA believe gold will go lower so they are sellers and this is where the downward pressure has come from. You as a reader already know that much of the “selling” is done at midnight (or off hours) in the U.S. which is the lunch break in Asia, China specifically. The massive selling (as much as total global production in less than two trading days) has usually taken place during off hours when the volume is lightest and price moves the most, especially with any significant volume. The result has been gold now trades at or very near the cost of production and silver well below production costs. None of this is new, only a refresher. The reaction in the actual physical markets is backwardation, premiums over spot prices and actual shortages. Put simply, low price has brought out additional physical demand. To the point, the following is a snapshot of inventory movement (or the lack of) within the COMEX gold vaults this month:
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Yes, yes, the open interest ALWAYS collapses and delivery “always gets made”. But doesn’t it seem strange to you that a market with less than $200 million worth of inventory is the pricing to a $5 trillion monetary asset? In comparison, a single ranch in Texas just got sold for nearly 4 times the size of what COMEX claims they have available for delivery. It used to be the tail was wagging the dog. Now, COMEX inventory has been bled down so far it can be said just a few hairs on the tail is wagging the dog! Surely I will receive comments like “this will go on forever” or “don’t worry, nothing ever comes of these delivery months”. It should be pointed out, as it stands right now a single trade of 1,820 contracts represents the entire deliverable inventory and we have seen on multiple occasions where 3,000-6,000 contracts have been sold (in one trade) to collapse the price. I ask, how does COMEX keep this in the box when something very “REAL” happens? “Real” meaning a mere push of our financial system by China? Or a military shove by Russia? Or something as simple as a “truth bomb” being released on the American public? Can an inventory of less than $200 million fiat dollars make good and keep hidden the core crime to the crime of the century? Is this why China is moving toward a physical exchange? Once they “take it out …they will take it up”!
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shared by Paul Merrell on 11 Oct 16
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Washington Hits Back at Putin's Humiliation - 0 views
www.strategic-culture.org/...ts-back-putin-humiliation.html
Auction 2016 U.S.-foreign-policy Russia election-hacking Hillary emails Syria gun-running perjury
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The Obama administration is now accusing Russia of cyber-crime and trying to disrupt the US presidential election. The claim is so far-fetched, it is hardly credible. More credible is that the US is reeling from Putin’s stunning humiliation earlier this week. Since June, US media and supporters of Democrat presidential contender Hillary Clinton have been blaming Russian state-sponsored hackers for breaking into the Democratic party’s database. It is further alleged that Moscow is stealthily trying to influence the outcome of the election, by releasing damaging information on Clinton, which might favor Republican candidate Donald Trump. Russia has vehemently denied any connection to the cyber-crime charges, or trying to disrupt the November poll. Now the Obama administration has stepped into the fray by openly accusing Russia. «US government officially accuses Russia of hacking campaign to interfere with elections», reported the Washington Post. This takes the row to a whole new level. No longer are the insinuations a matter of private, partisan opinion. The US government is officially labelling the Russian state for cyber-crime and political subversion.
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Predictably, following the latest allegations, there are calls among American lawmakers for ramping up more economic sanctions against Russia. While US intelligence figures are urging for retaliatory cyber-attacks on Russian government facilities. Vladimir Putin’s spokesman Dmitry Peskov derided the US claims as «rubbish». He noted that the Kremlin’s computer system incurs hundreds of hacking attempts every day, many of which can be traced to American origin, but Moscow doesn’t turn around and blame the US government for such cyber-attacks. There are several signs that the latest brouhaha out of Washington is a bogus diversion. As with previous Russian-hacker claims by the Democrats and US media, there is no evidence presented by the Obama administration to support its grave allegations against the Russian government. Assertion without facts does not meet a minimal standard of proof. When reports emerged in June – again through the Washington Post – that the Democrat National Committee (DNC) was hacked by Russian agents, the allegation relied on investigations by a private cyber security firm by the name of CrowdStrike. The firm is linked by personnel to the NATO-affiliated, anti-Russian think tank Atlantic Council. Again no verifiable evidence was presented then, just the word of a dubious partisan source.
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Back then the Russian scare story, for that’s what it was, served as a useful diversion from far more important issues. Such as the 19,000 emails released from the DNC database showing that the party chiefs had preordained Clinton’s presidential nomination over her Democrat rival Bernie Sanders. Much-vaunted «US democracy» was exposed as a fraud, and so the Washington establishment quickly went into damage-limitation mode by smearing Russia. It was the whistleblower site Wikileaks, run by Australian journalist Julian Assange, that released the embarrassing emails. It had nothing to do with Russia. Assange has since hinted that his source was within the Democrat party itself. This is where it gets really explosive. Assange has vowed to release more emails that will prove that Clinton as Secretary of State back in 2011-2012 masterminded the supply of weapons and money to Islamist terror networks in Libya and Syria for the objective of regime change. Furthermore, Assange says that the emails prove that Clinton lied under oath to Congress when she denied in 2013 that she was had any involvement in facilitating arms to the jihadists. Assange has said that Wikileaks is going to publish the incriminating emails on Clinton’s alleged gun-running to terrorists this month. If the evidence stands up, Clinton could be prosecuted for perjury as well as treason in aiding and abetting official terrorist enemies of the US.
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The exposure of an American presidential candidate as being involved in state sponsorship of terrorism while serving as a top government official is a powerful incentive for the Obama administration to find a lurid diversion. Hence, the latest charges by the US government against Russia as perpetrating cyber-crime and of trying to subvert American democracy. This is just one more illustration of how irrational and unhinged the US government has become. Day by day, it seems, leads to more damning revelations of Washington’s complicity in illegal wars, covert subversion of foreign states, and systematic collusion with terrorist networks which have inflicted thousands of deaths on American citizens, among many more thousands of other innocent civilians around the world. In addition to exposure by sources like Wikileaks, much of revelation about US criminality and state-sponsored banditry has emerged from Russia’s principled military intervention in Syria. Russia’s intervention has not only helped salvage the Syrian nation from a foreign conspiracy of covert war for regime change. Russia’s intervention has also brought into clear focus the systematic links between Washington and its terrorist proxy army working on its behalf in Syria.
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Washington’s mask of moral and legal superiority has been ripped from its face. And what the world is seeing is the vile ugliness beneath. Such is Washington’s ignominious fall from pretend-grace to its grim, odious reality that Vladimir Putin this week was empowered to speak from the moral high ground. In announcing Russia’s unilateral suspension of a 2002 accord with the US for the disposal of nuclear-weapon-grade plutonium, Putin went much, much further. He gave Washington a list of ultimatums that included the US ending its trumped-up sanctions against Russia, with financial compensation, as well as the scaling back of NATO forces from Russia’s border. In other words, the Russian leader was talking truth to American power in a way that megalomaniac Washington, with all its ridiculous delusions of «exceptionalism», has never ever heard before.
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American pretensions of greatness are eroding like a castle built on sand. Washington’s criminal enterprises and specifically the complicity in terrorism for the supreme crime of foreign aggression are being glaringly exposed. And now with due contempt, Russia is putting manners on Washington. It must be excruciating the humiliation for the narcissistic American tyrant to be treated with the disrespect that it deserves and which is long overdue. Moreover, the humiliation is not just in the eyes of the world. The American people can see the true ugly nature of their rulers too. When a giant banner declaring «Putin a peacemaker» was unfurled off Manhattan bridge in New York City this weekend, the popular enthusiasm went viral. Washington is reeling from Putin’s righteous courage to call it out for what it is. The truth-telling is hard to take for this unipolar unicorn. Its deluded myth-making about its own virtues are being stripped bare. What’s going on here is a world-class, historic exposure of American power as a nefarious excrescence on humanity.
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he reaction is understandable: foaming-at-the-mouth, desperate, hysterical and panicked. Accusing Russia of hacking into the American «democratic process» is a wild attempt to divert from the paramount issues: Washington’s exposed descent into a vile morass of its own making; the emperor is a criminal; the people know it; and a genuine world leader like Vladimir Putin has the temerity to lay it on the line to this has-been.