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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.)
  • 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.
  • 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:  
  • 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. 
  • Noura Erakat
Paul Merrell

Israel's anti-boycott law will hit Palestinians hardest, rights groups warn | The Elect... - 0 views

  • Israel’s high court on Thursday upheld a 2011 law imposing stiff sanctions on those advocating boycotts of Israel or its colonial settlements in the occupied West Bank and Golan Heights. The so-called Law for the Prevention of Damage to the State of Israel through Boycott allows entities to sue and win compensation from individuals or organizations that call for economic, cultural or academic boycott. It also allows the finance ministry to financially penalize any organization that receives state funding that participates in such calls. The court threw out only one minor provision of the law, which would have allowed anyone to sue for boycott-related damages without showing proof they were harmed.
  • Sawsan Zaher, an attorney for Adalah – the Legal Center for Arab Minority Rights in Israel, said the law “harms Palestinians more than others because they are on the frontlines of struggling against the occupation and the violation of the human rights of their people under occupation in the West Bank and Gaza.” In a press release from Adalah, Zaher added that the law would also hit Palestinians in occupied East Jerusalem hard, as it would prevent them from using the “main civil protest tool of boycott to end the occupation.”
  • In their challenge, the petitioners pointed out that the law was discriminatory, as it did not outlaw boycotts for purposes other than supporting Palestinian rights. Israelis have successfully used consumer boycotts for a host of causes, for example in order to fight for lower cottage cheese prices.
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    The court's decision does little more than emphasize how painful the international BSD campaign has become for Israel's government globally.
Paul Merrell

» Meretz Head: "Netanyahu's Theory Of Running The Conflict Has Collapsed"- IM... - 0 views

  • Meretz Party head, Israeli Member of Knesset (MK) Zehava Gal-On, stated Saturday that the theory of Prime Minister Benjamin Netanyahu of running the conflict has failed, and added that the only solution is ending this conflict through a political solution. “Israel cannot just ignore the Quartet Committee report,” Gal-On said, “Israel must understand that the only solution to stopping the attacks and the escalation is reaching a political soliton to the conflict, and ending this occupation.” “The conflict is running us; the recent attacks and threats have proven that the calm we’ve seen was temporary,” the Israeli official said, “Netanyahu’s theory of running the conflict has completely collapsed, and now this conflict is running us.” The Israeli MK also said that what several politicians are proposing is the use of more military force, and iron fist policies that only kill hope. “What they are suggesting is not different than witchcraft and deception,” she added, “It’s like placing a small bandage on a severed hand.”
  • In its July 1st report, the Quartet Committee (UN, Russia, EU and USA) reiterated the need for a negotiated two-state solution as the only way to reach a lasting peace agreement that ensures Israel’s security and the meets the Palestinian aspirations of independence and sovereignty, by ending the occupation that began in 1967, and resolving all permanent status issues. It also denounced the “ongoing construction and expansion of Israeli settlements in the occupied Palestinian territories”, and the Palestinian Authority’s “lack of control in Gaza, and called on both Israel and the Palestinian Authority to resume meaningful negotiations that resolve all final status issues.” The Quartet Committee also called on the Israelis and Palestinians to “independently demonstrate, through policies and actions, a genuine commitment to the two-state solution and refrain from unilateral steps that prejudge the outcome of final status negotiation.”
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    Bear in mind that the "two state solution" is *only* an excuse for postponing the day of reckoning on Palestinian rights. The "solution" in its variations involves swapping territory between Israel and the State of Palestine. However, it ignores the fact that all Palestinians driven from their homes by the Zionist Jewish invaders in the 1948 era, and all Palestinians driven from their homes subsequent to Israel's occupation of the remainder of Palestine (and part of Syria) in 1967, all have a personal right of return to their homes under international law, a right that according to the Fourth Geneva Convention is not subject to negotiation by the occupying power and any government of the occupied territory. There is no lawful government power to extinguish that right. So when the Quartet calls for the "two state solution," keep in mind that it is only an excuse for continuing the occupation and Israel's colonization of Palestine. The Meretz is a minor party in Israel, combining Green-socialist-progressive traits with a Zionist agenda. See WIkipedia https://en.wikipedia.org/wiki/Meretz
Paul Merrell

In massive shift, Lutherans vote to halt US aid to Israel | The Electronic Intifada - 0 views

  • The Evangelical Lutheran Church in America has become the latest US denomination to take economic action against the Israeli occupation. At its triennial assembly last week in Baton Rouge, Louisiana, the four million-member church, one of the largest in the US, voted on two separate resolutions targeting Israel’s occupation and human rights abuses, passing each by a landslide. The first resolution calls for the end of US aid to Israel until it ceases violations of international human rights norms, specifically the ongoing construction of settlements on occupied Palestinian land. It passed by a 751-162 vote, or 82 percent, on 12 August. The US gives Israel more than $3 billion every year, despite laws that prohibit aid to countries with persistent records of human rights violations. The Obama administration has vowed to increase that sum over the coming decade in what would be the largest military aid package the US has ever given any country.
  • Fries cited huge majority support for resolutions also put to vote at the assembly about supporting refugees and immigrants (by an 842-48 vote), and expressing solidarity with Black Lives Matter (846-73). Resolutions on fossil fuel divestment and opposition to US military spending also passed with overwhelming support. Still, the votes on the Israeli occupation marked a notable shift in position. Dale Loepp, an Isaiah 58 leader, noted that at the previous church assembly in 2013, there was visible and organized opposition from the Zionist activist group Christians for Fair Witness on the Middle East. At that time, Loepp told The Electronic Intifada, the main strategy to defeat such measures was to introduce amendments that removed any economic consequences, allowing such “toothless” resolutions to pass easily. Similar tactics were used to effectively deflect divestment actions targeting occupation-linked firms during the United Methodist Church convention earlier this year.
  • “The surprising story here is that there has been a massive shift in the stance of the Evangelical Lutheran Church in America on the occupation in only three short years – 70 percent opposed to economic tools to end the occupation, versus 90 percent in favor today,” Loepp said. “Though these are three years that I’m sure seem like two eternities to Palestinians.”
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  • At this year’s assembly, Loepp observed no such visible organized opposition. At the same time, grassroots organizers from the US Campaign to End the Israeli Occupation joined Isaiah 58 and allies from the Israel Palestine Mission Network of the Presbyterian Church (USA), American Friends Service Committee, Friends of Sabeel North America, New Orleans Palestinian Solidarity Committee and Jewish Voice for Peace to support the resolutions.
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    BDS continues to grow exponentially.
clausonlaw22

How Much Does Mental Health Disability Pay In 2023 - 0 views

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    How Much Does Mental Health Disability Pay In 2023 Social Security Disability Insurance (SSDI or SSD) is the sole source of income for millions of Americans who are unable to work due to a non-work-related injury or illness. SSDI benefits are available only to workers and former workers with a substantial employment history. Both physical and mental disabilities are covered under the Social Security Act. While SSDI pays the same benefits for qualifying mental impairments as it does for physical impairments, the amount each individual receives in benefits depends on their history of earnings. This blog post will explain how Social Security defines qualifying disabilities, including mental impairments, and determines each individual's benefit payment. At The Clauson Law Firm, we know how important it is for every disability applicant and benefit recipient to understand how their benefits are arrived at, what affects their continued benefits, and how their benefits can change over time. Contact Clauson Law today if you have questions about qualifying for SSDI benefits or need help filing a claim or appealing a denial. We've helped thousands of disabled people across the U.S. with their disability claims. Mental Impairments And Social Security Disability More than 40% of SSD cases in the United States have some mental health or intellectual impairment as a component in the claim. Mental health impairments can result from an almost unlimited array of circumstances, including traumatic stress; depression; genetic predisposition to depression, bipolar disorder, or schizophrenia; or traumatic brain injury (TBI); one of the many forms of dementia; and others. The ways in which mental impairments affect the person suffering can often interfere with their ability to perform work on a regular basis. These are discussed in detail in the section "Common Mental Disabilities that May Qualify for SSDI" below. But first, let's look at how you qualify for SSD benefits and how you
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    How Much Does Mental Health Disability Pay In 2023
Paul Merrell

Israel wants to "Settle Israeli Sovereignty over Syrian Golan Heights" | nsnbc internat... - 0 views

  • Israel’s Foreign Minister, Avigdor Lieberman, has publicly called for “settling the Israeli sovereignty over the Golan Heights within the framework of the Israeli – Palestinian negotiations” adding that “part of this comprehensive bargain has to cover an understanding between Israel, the international community and the USA” and adding that “the Golan is part and parcel with Israel”.
  • The statement prompted a response by the Syrian government to the UN Secretary General and the President of the Security Council. The statement confirms information nsnbc received from a Palestinian intelligence expert in 2011 and 2012, who warned that Israel plans to permanently annex the Golan, parts of southern Lebanon and most of the West Bank, while planning to recognize a Palestinian State in the Gaza Strip plus micro enclaves in the West Bank. The statement also substantiates Christof Lehmann’s warnings about joint Israeli – US plans to that effect, issued in 2011, after the 66th Session of the UN General Assembly. During the 66th Session, US President Obama refused to recognize Palestine as a State, saying that “a solution for Palestine only could be found within the framework of a comprehensive solution for the Middle East“.
  • On Wednesday, the Syrian Foreign and Expatriates Ministry responded by sending two identical letters to the offices of the UN Secretary General and the President of the US Security Council, reports the Syrian news agency SANA. The letters inform the UN Secretary General and the UNSC President, that Lieberman made the statement on 31 January 2014, while visiting the occupied Syrian Golan. In the letters, the Syrian Foreign Ministry stressed that the Israeli Foreign Minister’s statements embody an insolent approach to the events in Syria and recklessness with regard to relevant UN resolutions, such as UNSC resolution 497 (1981) and others, which call on Israel to end the occupation of the Syrian Golan and all Arab lands which Israel has occupied since 1967. The Syrian government quotes Lieberman as claiming that: ” The dangers to security, linked to our capability to defend the North of the country, require a recognition of Isrel’s sovereignty over the Golan Heights by the international community”. The Syrian Foreign Ministry stressed that Israel is sponsoring terrorism in Syria and that Israel seems as if it mistakenly believes that it can exploit its sponsorship of the terrorist war on Syria to achieve its expansionist ambitions. The Syrian Foreign Ministry also stressed that 47 years have passed since Israel’s occupation of the Syrian Golan Heights and that Israel has defied hundreds of resolutions and calls on ending the occupation and to stop its inhuman racial policies and its killing of civilians in the Israeli occupied territories.
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  • The ministry added that Lieberman’s statements indicate an escalation of Israel’s recklessness and disregard for the UN Security Council and the UN General Assembly and stressed, that Israel must not be allowed to escape from compliance with international law, resolutions, and if necessary punishment. Syria requests that the UN Secretary General and the President of the UN Security Council guarantee that Israel respects the UN resolutions, to oblige Israel to end its occupation of the Syrian Golan, and to withdraw from the Golan according to the red line on 4 June 1967. The Foreign Ministry asserted, that the UN continuously deals with the Israeli occupation of the Syrian Golan “on a routine basis without any serious move to enforce the Security Council’s resolutions” and that this nonchalant posture encourages the illegal situation to continue” thus “undermining the credibility of the UN organization”.
  • It is worth reiterating, that Lehmann, already in 2011, warned that US President Obama’s statement pertaining the recognition of Palestine, and his article based on information from a Palestinian intelligence expert explicitly stated, that the US administration of Barak Obama and Israel are complicit in planning Israel’s permanent annexation of the Israeli occupied Syrian Golan Heights, parts of southern Lebanon and some 97 percent of the Palestinian West Bank, while establishing Palestinian small enclaves, dependent on Jordan, in the remaining 3 percent of the West Bank and a recognized Palestinian State in the Gaza Strip.
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    The return of the occupied Golan Heights is absolutely required by the U.N. Charter, Geneva Conventions, and numerous U.N. Security Council resolutions.  Israel's purported security concerns do not create a lawful exception. What is really at stake in the Golan Heights and the occupied territories of Palestine is whether the U.N. Charter did in fact put an end to the right of Conquest. 
Paul Merrell

The Settlements vs. the Peace Process « LobeLog - 0 views

  • On Wednesday, in the wake of Israel’s announcement of hundreds of more units in West Bank settlements, the Israeli Ministry of Foreign Affairs posted a page on its website articulating its view that building in the occupied West Bank is legal under international law and is not, as many critics claim, an impediment to peace. The fact that the MFA felt the need to make such a case indicates that rising international criticism, particularly from the U.S., is having an impact, and that case bears an examination of its key claims. Israel claims that the settlements are not illegal because the laws of belligerent occupation do not apply to the West Bank and that the prohibition against transferring citizens of an occupying power to occupied territory “…applied to forcible transfers and not to the case of Israeli settlements.” The vast majority of legal opinions, including those of the High Court of Justice in Israel and the US State Department (which consistently refers to the West Bank as “occupied territory”), directly contradict this claim. As recently as 2004, the High Court in Israel ruled “…that Israel holds the (West Bank) in belligerent occupation,” and that its authority over the Palestinians “… flows from the provisions of public international law regarding belligerent occupation.” No ruling since has superseded this view. Indeed, in an analysis requested by the Israeli Prime Minister’s office in 1967 regarding the potential legality of settlements in the then-newly occupied territories, Israeli Foreign Ministry legal adviser Theodor Meron wrote, “My conclusion is that civilian settlement in the administered territories contravenes the explicit provisions of the Fourth Geneva Convention.” This is the overwhelming consensus view of international legal opinion, and contradicts Israel’s claim that Article 49 of the Fourth Geneva Convention applies only to forcible transfers, rather than voluntary ones like those of Israeli settlers. Israel says “the current Israeli government, like several preceding governments, has limited Jewish construction primarily to those areas that are fully expected to remain under Israeli control in any final agreement with the Palestinians.”
Paul Merrell

We will no longer be fig leaf for occupation, says B'Tselem | The Electronic Intifada - 0 views

  • For as long as Israeli human rights group B’Tselem has documented human rights violations by Israel in the occupied West Bank and Gaza Strip, it has also referred complaints to the Israeli military’s internal investigative unit. But this week, the nearly three-decade old human rights organization announced it will end its cooperation with Israel’s military law enforcement system. “As of today,” executive director Hagai El-Ad wrote in an emailed statement on 25 May, “we will no longer refer complaints to this system, and we will call on the Palestinian public not to do so either.” “We will no longer aid a system that whitewashes investigations and serves as a fig leaf for the occupation.” B’Tselem’s cooperation with the military’s investigations was not confined to filing complaints with the office of the Military Advocate General. The organization also assisted investigators to speak to Palestinians and Palestinian victims and obtain documents and medical records.
  • The decision to cease such work was announced alongside the publication of “The Occupation’s Fig Leaf: Israel’s Military Law Enforcement System as a Whitewash Mechanism.” The report examines the paucity of the army’s investigative efforts, that by design only probe the conduct of low-ranking soldiers. Orders are never placed under investigation, B’Tselem explains, only alleged breaches of orders. “B’Tselem’s cooperation with the military investigation and enforcement systems has not achieved justice, instead lending legitimacy to the occupation regime and aiding to whitewash it,” the report states. The decision has been percolating for some time. B’Tselem first broke with its usual practice in 2014, when it refused to provide information to the military unit investigating “irregular” incidents during Israel’s bombardment of Gaza that summer. Since the second intifada, B’Tselem has demanded investigations into 739 cases in which Palestinians were killed, injured, used as human shields or subjected to other abuses.
  • Only 25 led to charges against soldiers. Of the rest, in nearly 75 percent of cases, investigations were either never opened or closed without further action. The outbreak of the second intifada in late 2000 marked a change in how Israel viewed the legality of soldiers killing Palestinians. Whereas before Israel would investigate every case in which a soldier killed a Palestinian, until 2011 Israel “permitted the use of force – even lethal force – against those identified as being involved in the fighting or in terror activity in certain circumstances,” as former Military Advocate General Avichai Mandelblit wrote in 2010.
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  • B’Tselem says that years of working within the system have given the organization an intimate familiarity and understanding of why it fails. Their report reveals an internal process whose default is to absolve military actions, and which is further legitimized by a civilian system that keeps the military insulated from any intervention. Israel has established multiple commissions to make recommendations for improving the investigative system. But even these, B’Tselem writes, just end up shielding the army from accountability. “Report after report, committee after committee, the discourse in itself creates the illusion of movement toward changing and improving the system,” the report states. “This illusory movement allows officials both inside and outside the system to make statements about the importance of the stated goal of enforcing the law on soldiers, while the substantive failures remain as they were and most cases continue to be closed with no measures taken.” This is the fig leaf which B’Tselem is now stripping away. At home and abroad, Israeli officials have pointed to their military law enforcement system as evidence of their military’s higher ethics and values.
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    I've read the report, which is devastating. Not mentioned in the article was that the NGO's decision was largely driven by the fact that witnesses repeatedly suffered retaliation, leading to the decision that the few successes were outweighed by the harm to witnesses.  Make no mistake: the NGO's decision to boycott the Israel military's established procedures for reporting and investigating crimes committed by Israeli mlliitary personnel against Palestinians will pack a wallop internationally. B-Tselem had lent an air of legitimacy to the IDF's procedures for investigating crimes against Palestinians committed by IDF forces. That fig leaf has now been removed. 
Gary Edwards

Political Editors: Dick Morris Corrects the Record on Hillary Clinton - The Patriot Post - 0 views

  • Then Bill discusses Hillary’s legal career at the Rose Law firm. He doesn’t mention that she made partner when he was elected governor and was only hired when he got elected as attorney general. "He makes as if it was a public service job — it wasn’t. Her main job was to get state business, and she got tens-of-millions of dollars of state business, then hid her participation and the fees by taking an extra share of non-state business to compensate for the fees on state business that she brought in. Her other job was to call the state banking commissioner any time one of her banks got into trouble to get them off.
  • "Bill speaks at length how Hillary was a mother, juggling career and family, taking Chelsea to soccer games and stuff — that’s non-sense. Hillary was a mother but Chelsea in the Arkansas governor’s mansion had a staff of nannies and agents to drive her around and people to be with her, and Hillary didn’t have to bother with any of that. All of that was paid for by the state. "He says she became the warrior in chief over the family finances and that was true, and the result is she learned how to steal. "She accepted a $100,000 bribe from the poultry industry in return for Bill going easy on regulating them, despite new standards. Jim Blair, the poultry lobbyist, gave her $1,000 to invest in the Futures Market and lined up seven to eight other investors and their winnings were all deposited into Hillary’s account. She made $100,000 in a year and she was out. That essentially was a bribe.
  • ”[She did] a phony real-estate deal for Jim McDougal and the Madison Bank to deceive the federal regulators by pretending someone else was buying the property. She was called before a grand jury in 1995 about that but, conveniently, the billing records were lost, couldn’t be found and there wasn’t proof that she worked on it.
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  • “Bill talks about her work on the health care task force but doesn’t say the reason it didn’t pass was the task force was discredited because the meetings were all held in secret. A federal judge forced them open and fined the task force several hundred thousand dollars because of their secrecy. "He says that after the health care bill failed in 1994, Hillary went to work on adopting each piece of it piecemeal — mainly health insurance for children. "That is completely the opposite of the truth. The fact is when that bill failed, I called Hillary and I suggested that she support a proposal by Republican Bob Dole that we cover children, and she said, ‘We can’t just cover one part of this. You have to change everything or change nothing.’ Then in 1997 when I repeated that advice to Bill Clinton, we worked together to pass the Children’s Health Insurance Program. I found a lot of the money for that in the tobacco settlement that my friend Dick Scruggs was negotiating.
  • "Then Bill extols her record in the U.S. Senate. In fact, she did practically nothing. There were seven or eight bills that she introduced that passed; almost all of were symbolic — renaming a courthouse, congratulating a high school team on winning the championship. There was only one vaguely substantive bill, and that had a lot of co-sponsors of whom Hillary was just one.
  • "Then he goes to her record in the State Department and manages to tell that story without mentioning the word Benghazi, without mentioning her secret emails, without mentioning he was getting tens of millions — $220 million in speaking fees in return for favorable actions by the State Department.
  • "Also totally lacking in the speech was anything about the war on terror — terror is a word you don’t hear at the Democratic Convention. "Bill says that Hillary passed tough sanctions on Iran for their nuclear program. The opposite is true. "Every time a tough sanction bill was introduced by Senators Menendez or Kirk, Hillary would send Deputy Secretary Wendy Sherman to Capital Hill to testify against it and urge it not to pass, and it was over Hillary’s objections that those sanctions were put into place.
  • ”[Liberal columnist] Maureen Dowd called the speech by Bill Clinton “air brushed.” “It was a hell of a lot more than that — it was fiction. (Also see Morris’s comments after Clinton’s DNC acceptance speech. "It’s strategy and message will be interdicted by reality at every turn. … She basically has no message. … Her entire campaign is, ‘I’m a woman and I am running against Donald Trump. … She bean her speech by saying let’s compromise and work together. Is there any woman in the world less likely to compromise?”)
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    "Dick Morris is a nationally recognized political campaign adviser, analyst and author. He was the senior political adviser to Bill Clinton before and after his occupation of the White House. He was campaign manager of Clinton's 1996 re-election, and the architect of his successful "triangulation" rhetorical ruse. Clinton's communications director George Stephanopoulos said of Morris, "No single person had more power over [Bill Clinton]." This week, in a message entitled "What Bill Left Out, Morris corrected the record regarding Clinton's glowing remarks about Hillary Clinton, her personal attributes and professional achievements. Morris's insights into the Clintons are priceless. What follows is a transcript of Morris's comments: "Bill Clinton talked at length about Hillary's idealistic work in college and law school, but he omits that she was defending the Black Panthers who killed security guards; they were on trial in New Haven. She monitored the trial while she was in law school to find evidence that could be grounds for reversal in the event they were convicted. "That summer she went to work for the True-Haft (SP) law firm in CA, headed by True Haft who is the head of the CA Communist Party and that's when she got involved with Saul Alinsky, who became something of a mentor for the rest of her life. "Then Bill says that she went off to Massachusetts and he went to Arkansas, and eventually Hillary followed her heart to join him in Arkansas. He omits that she went to work for the Watergate Committee and was fired from that job for taking home evidence and hiding documents that they needed in the impeachment inquiry. Then she took the DC Bar exam and flunked it, she went to Arkansas because that is the only bar exam she could pass. "He talked about how in the 1970's she took all kinds of pro-bono cases to defend women and children. In her memoirs, she cites one which was a custody case and that's it. In fact, in 1975 she represen
Paul Merrell

Fresno Police Roll Out Dystopian 'Threat Ranking' System - 0 views

  • “On 57 monitors that cover the walls of the center, operators zoomed and panned an array of roughly 200 police cameras perched across the city. They could dial up 800 more feeds from the city’s schools and traffic cameras, and they soon hope to add 400 more streams from cameras worn on officers’ bodies and from thousands from local businesses that have surveillance systems.” Though the intricate surveillance apparatus described above seems straight from a dystopic novel, it is actually the Washington Post’s recent description of the the visual data collection system employed by a local California police department. The police department in Fresno, California, has taken extreme measures to combat high rates of crime in the city. As the Post reports, Fresno’s Real Time Crime Center, buried deep in the police station’s headquarters, has developed as a response to what many police call increasing threats. The system, according to police officials, can “provide critical information that can help uncover terrorists or thwart mass shootings, ensure the safety of officers and the public, find suspects, and crack open cases” — a feature they say is increasingly important in the wake of events like the November terror attack in Paris and the San Bernardino shooting last month.
  • “Our officers are expected to know the unknown and see the unseen,” Fresno Chief of Police Jerry Dyer said. “They are making split-second decisions based on limited facts. The more you can provide in terms of intelligence and video, the more safely you can respond to calls.” Programs similar to the Real Time Crime Center have launched in New York, Houston, and Seattle over the course of the last decade. Nationwide, the use of Stingrays, data fusion centers, and aerial drone surveillance have broadened the access local police have to private information. In another example, the FBI is continually developing a comprehensive biometric database that local police access every day. “This is something that’s been building since September 11,” says Jennifer Lynch, a senior attorney at the Electronic Frontier Foundation. Like the problem of police militarization, Lynch traces the trend back to the Pentagon: “First funding went to the military to develop this technology, and now it has come back to domestic law enforcement. It’s the perfect storm of cheaper and easier-to-use technologies and money from state and federal governments to purchase it.”
  • While many of these programs may fail to shock Americans, one new software program takes police scrutiny of private citizens to a new level. Beware, a software tool produced by tech firm Intrado, not only surveils the data of the citizens of Fresno, the first city to test it — it calculates threat levels based on what it discovers. The software scours arrest records, property records, Deep Web searches, commercial databases, and social media postings. By this method, it was able to designate a man with a firearm and gang convictions involved in a real-time domestic violence dispute as the highest of three threat levels: a bright red ranking. Fresno police say the intelligence from Beware aided them, as the man eventually surrendered and officers found he was armed with a gun. Beware scours billions of data points to develop rankings for citizens, and though few recoil at the thought of catching criminals and miscreants, the program provides particular cause for concern because of both its invasiveness and its fallibility.
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  • These shortcomings have sparked concern among Fresno’s city council members, who discussed the issue at a meeting in November. At that meeting, one council member cited an incident where a girl who posted on social media about a card game called “Rage” was consequently given an elevated threat ranking — all because “rage” could be a triggering keyword for Beware. At that same meeting, libertarian-leaning Republican councilman Clinton J. Olivier asked Chief Dyer to use the technology to calculate his threat level. In real-time, Olivier was given a green, or non-threatening ranking, but his home received a yellow, or medium, threat ranking. It was likely due to the record of his home’s prior occupant. “Even though it’s not me that’s the yellow guy, your officers are going to treat whoever comes out of that house in his boxer shorts as the yellow guy,” Olivier told Dyer. “That may not be fair to me.” He added later, “[Beware] has failed right here with a council member as the example.” “It’s a very unrefined, gross technique,” Fresno civil rights attorney, Rob Nabarro, has said of Beware’s color-coded levels. “A police call is something that can be very dangerous for a citizen,” he noted, echoing Olivier’s worries.
  • Further, though Fresno police use Beware, they are left in the dark about how it determines rankings. Intrado designates the method a “trade secret,” and as such, will not share it with the officers who use it. This element of the software’s implementation has concerned civil rights advocates like Nabarro. He believes the secrecy surrounding the technology may result in unfair, unchecked threat rankings. Nabarro cautioned that between the software’s secrecy and room for error, Beware could accidentally rank a citizen as dangerous based on, for example, posts on social media criticizing police. This potential carries with it the ability for citizens to be punished not for actual crimes, but for exercising basic constitutional rights. Further, it compromises the rights of individuals who have been previously convicted of crimes, potentially using past behavior to assume guilt in unrelated future incidents. Chief Dyer insists concerns are exaggerated and that a particular score does not guarantee a particular police response. Police maintain the tools are necessary to fight crime. Nevertheless, following the heated November meeting, Dyer suggested he would work to turn off the color-coded threat ranking due to citizens’ concerns. “It’s a balancing act,” he admitted.
  • It remains to be seen if Fresno police and residents will move forward with the technology or shut it down over privacy concerns. City officials in Oakland, California, for example, recently scaled back plans to establish a Real Time Crime Center after outraged citizens protested. At the very least, as Northern California ACLU attorney Matt Cagle said, “[W]henever these surveillance technologies are on the table, there needs to be a meaningful debate. There needs to be safeguards and oversight.”
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    Claiming trade secrecy for the software's selection criteria for threat ranking actually constitutes policy policy, the trade secrecy claim would probably not survive judical review. It's at least arguably an unconstitutional delegation of a government function (ranking citizens as threats) to a private company. Police departments in Florida were sued to produce records of how a related surveillance device, the Stingray IMSI device that intercepts cell phone calls by mimicking a cell-phone tower, and only averted court-ordered disclosure of its trade secret workings by the FBI swooping in just before decision to remove all the software documentation from local police possession, custody, and control.    There is a long chain of case law holding that information that is legitimately trade secret and proprietary loses that protection if adopted by local or federal government as law. With a software program that classifies citizens as threats for governmental purposes if they meet the program's selection criteria, the software is performing a strictly governmental function that is in reality law. 
Paul Merrell

Netanyahu and Trump: A Shared Focus on Terrorism « LobeLog - 0 views

  • Scholars of terrorism credit a specific 1979 symposium in Jerusalem as a turning point in the U.S. and international usage of “terrorism” as we understand it today. The Jonathan Institute, founded following the death of Benjamin Netanyahu’s brother Yonatan during a raid to rescue hostages from a PLO hijacking, hosted a 1979 conference in Jerusalem— and a follow up in 1984 in Washington—on “International Terrorism.” Directed by Benjamin Netanyahu, the Jonathan Institute maintained close ties to the Israeli government. Current and former Israeli officials across the political spectrum—including Golda Meir, Menachem Begin, Yitzhak Rabin, Ezer Weizman, Moshe Dayan, and Shimon Peres—dominated its administrative committee. Lisa Stampnitsky, in her 2013 book Disciplining Terror, discusses how the Jonathan Institute helped internationalize Israel’s use of the term to describe terrorist violence as both irrational and illegitimate in both means and ends, and as primarily targeting democracies and “the West.” Previously, she notes, terrorism referred largely to rational political violence, either state or individual, and was dealt with as an issue of criminality and law. The shift helped Israel delegitimize the political aims of certain groups, such as the Palestinian resistance to its colonization and territorial occupation. One cannot be a “freedom fighter” if one’s political aims are demonized as illegitimate or irrational. Stampnitsky argues that the shift to using terrorism to describe violence outside the law also set the stage for retaliatory strikes (such as the 1986 U.S. air strikes in Libya in response to a bombing at a Berlin disco that killed an American soldier) and eventually for the doctrine of preemptive force that has characterized the post-9/11 “War on Terror.”
  • Israel’s role in the development of a specifically anti-Muslim discourse of terrorism is deeply intertwined with the foreign policies of American politicians. As Deepa Kumar and others have pointed out, American neocons and Israel’s Likud party jointly developed a shared language around Islamic terrorism. The 1979 Jonathan Institute conference was attended by prominent American officials and political figures, including future President George H.W. Bush and representatives of the American Enterprise Institute, the Center for Strategic and International Studies, and Commentary magazine who brought the ideas, and later a follow-up conference, back to the U.S. Intended to serve as an intervention into the international discourse on terrorism, the explicit aim of the Jerusalem conference was to awaken the Western world to the problem of terrorism as defined by the conference organizers. It contributed to entrenching in the minds of American conservatives what was popularized a few years later as the “clash of civilizations,” firmly situating Israel in the category of Western democracies threatened by Soviets and Palestinians. The follow-up conference in the United States in 1984 went further by emphasizing the relationship between Islam and terror. As Netanyahu himself wrote in the book that came out of the conference: “the battle against terrorism was part of a much larger struggle, one between the forces of civilization and the forces of barbarism.” Then, as now, Netanyahu presented Israel as the bulwark against terrorism, a specific kind of illegitimate political violence that threatens not just Israel but all democracies and the Western world.
  • Echoes of this framing of the debate on terrorism can be found in how Western politicians, including Netanyahu and Trump, discuss the issue. Terrorism, which has no single agreed-upon definition in U.S. or international law, now serves as a moniker applied to all violence that established states deem illegitimate. Most often these days, Western democracies use “terrorism” to describe violence committed by Muslims. As journalist Glenn Greenwald writes, “In other words, any violence by Muslims against the West is inherently ‘terrorism,’ even if targeted only at soldiers at war and/or designed to resist invasion and occupation.” The term functions not as a descriptive tool but an ideological one. It doesn’t merely identify a particular kind of violence. It justifies and even requires a particular kind of forceful response by the state. Israel today presents itself as the world’s expert on counterterrorism. It maintains a profitable security industry predicated on selling expertise and technology tested in its interactions with Palestinians. American tax dollars have been funneled into this industry through U.S. military aid, over 25% of which Israel was allowed to spend domestically (the new military aid deal signed by the Obama White House will phase out this allowance over the next 10 years, sending the rest of the $3.8 billion per year to U.S. defense contractors). The United States and Israel collaborate on counterterrorism initiatives, including joint military exercises and police exchange programs. Here tactics and skills are developed and exchanged for surveillance and violent repression of protests that primarily impact Muslims and people of color in the U.S. and Palestinians and Black Jews in Israel.
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  • In this context, Trump’s framing of his anti-Muslim immigration policies as a national security priority to keep out terrorists is nothing new. What is new in this political moment is the extent to which the U.S. public is seeing straight through this discourse and rallying against discrimination and bigotry. Ahead of Trump and Netanyahu’s meeting this week, there’s an opportunity to pay attention to how these discourses have enabled Israel to justify decades of military occupation and human rights abuses with the discourse of national security and counterterrorism. As the Trump administration goes back to the drawing board to devise restrictive immigration policies that will hold up in court, Netanyahu and Israel’s example shouldn’t be far from mind.
Paul Merrell

Palestinian Red Crescent Society declares state of emergency in the West Bank - Mondoweiss - 0 views

  • The Palestinian Red Crescent Society (PRCS) has declared a level 3 state of emergency in the West Bank, including East Jerusalem, following the serious escalation of attacks by Israeli forces and violent settlers against Palestinians, which has included assaults and serious violations against PCRS staff and ambulances.
  • Over the weekend PRCS crews found themselves under attack from Israeli forces and violent settlers. PRCS: On Sunday the 4th of October, Israeli occupation soldiers attacked a PRCS’ ambulance in the line of duty in front of Al Quds University in Abou Diss, firing rubber bullets and tear gas grenades at it. On the 2nd of October, occupation soldiers attacked an ambulance in Al Eissawiyeh to the North of Jerusalem. They then proceeded to arrest an injured Palestinian from inside the ambulance. In Boureen (Nablus Governorate), settlers prevented a PRCS’ ambulance from discharging its humanitarian duty and smashed its windshield. The next day, five PRCS’ paramedics were beaten up by soldiers in Jerusalem. That same day, another group of soldiers attacked with their batons another PRCS’ ambulance in the Old City of Jerusalem Also on the same day, occupation soldiers severely beat another ambulance crew in Jabal Al Taweel (Al-Bireh), wounding two paramedics. They then kidnapped an injured Palestinian from inside the ambulance, firing tear gas grenades and rubber bullets at it. According to the New York Times, PRCS has reported “some 500 injuries in recent days”. This was published before “at least four Palestinians were shot by Israeli army live fire” last night, according to the International Middle East Media Center and countless more people will no doubt be injured in the coming days.
  • PRCS was officially recognized as part of the International Red Cross and Red Crescent Movement in 2006 making these assaults on their staff and crews a blatant violation of international humanitarian law as specified in the Geneva Convention. So where’s the international community in all this? PRCS rightly points out: PRCS urges the International Community, represented by the UN General Assembly and Security Council, to shoulder their responsibilities by taking the necessary steps to make Israeli occupation authorities comply with IHL provisions, and to put an end to the targeting of civilians and their properties. It calls on these parties to compel Israel to respect IHL provisions regarding the respect of medical and PRCS’ emblems, and recalls that the occupying power is obliged to protect emergency, medical and relief personnel and to facilitate their safe access to the sick and wounded. How long are they going sit there and do nothing year after year as Palestine burns? With Jerusalem at a breaking point; incitement and provocations from all quarters, fanatical civilians, extremist elected officials and an army run amok, who is going to stop them? Unfortunately is it probably not going to be the beseeching words of the Palestinian Red Crescent Society that will thrust this crisis front and center. But it’s worth asking over and over, what’s it going to take for some outside party, like the international community, to put their collective foot down? Or are we going wait until after some random fanatic or a fanatical government has destroyed Al Aqsa?
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    Getting very ugly very fast in Palestine.
Paul Merrell

Responding to Failure: Reorganizing U.S. Policies in the Middle East | Middle East Poli... - 0 views

  • I want to speak with you today about the Middle East. This is the region where Africa, Asia, and Europe come together. It is also the part of the world where we have been most compellingly reminded that some struggles cannot be won, but there are no struggles that cannot be lost. It is often said that human beings learn little useful from success but can learn a great deal from defeat. If so, the Middle East now offers a remarkably rich menu of foreign-policy failures for Americans to study. • Our four-decade-long diplomatic effort to bring peace to the Holy Land sputtered to an ignominious conclusion a year ago. • Our unconditional political, economic, and military backing of Israel has earned us the enmity of Israel’s enemies even as it has enabled egregiously contemptuous expressions of ingratitude and disrespect for us from Israel itself.
  • • Our attempts to contain the Iranian revolution have instead empowered it. • Our military campaigns to pacify the region have destabilized it, dismantled its states, and ignited ferocious wars of religion among its peoples. • Our efforts to democratize Arab societies have helped to produce anarchy, terrorism, dictatorship, or an indecisive juxtaposition of all three. • In Iraq, Libya, and Syria we have shown that war does not decide who’s right so much as determine who’s left. • Our campaign against terrorism with global reach has multiplied our enemies and continuously expanded their areas of operation. • Our opposition to nuclear proliferation did not prevent Israel from clandestinely developing nuclear weapons and related delivery systems and may not preclude Iran and others from following suit.
  • • At the global level, our policies in the Middle East have damaged our prestige, weakened our alliances, and gained us a reputation for militaristic fecklessness in the conduct of our foreign affairs. They have also distracted us from challenges elsewhere of equal or greater importance to our national interests. That’s quite a record.
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  • One can only measure success or failure by reference to what one is trying achieve. So, in practice, what have U.S. objectives been? Are these objectives still valid? If we’ve failed to advance them, what went wrong? What must we do now to have a better chance of success? Our objectives in the Middle East have not changed much over the course of the past half century or more. We have sought to 1. Gain acceptance and security for a Jewish homeland from the other states and peoples of the region; 2. Ensure the uninterrupted availability of the region’s energy supplies to sustain global and U.S. security and prosperity; 3. Preserve our ability to transit the region so as to be able to project power around the world; 4. Prevent the rise of a regional hegemon or the deployment of weapons of mass destruction that might threaten any or all of these first three objectives; 5. Maximize profitable commerce; and 6. Promote stability while enhancing respect for human rights and progress toward constitutional democracy. Let’s briefly review what’s happened with respect to each of these objectives. I will not mince words.
  • Israel has come to enjoy military supremacy but it remains excluded from most participation in its region’s political, economic, and cultural life. In the 67 years since the Jewish state was proclaimed, Israel has not made a single friend in the Middle East, where it continues to be regarded as an illegitimate legacy of Western imperialism engaged in racist removal of the indigenous population. International support for Israel is down to the United States and a few of the former colonial powers that originally imposed the Zionist project on the Arabs under Sykes-Picot and the related Balfour Declaration. The two-state solution has expired as a physical or political possibility. There is no longer any peace process to distract global attention from Israel’s maltreatment of its captive Arab populations. After years of deference to American diplomacy, the Palestinians are about to challenge the legality of Israel’s cruelties to them in the International Criminal Court and other venues in which Americans have no veto, are not present, or cannot protect the Jewish state from the consequences of its own behavior as we have always been able to do in the past. Israel’s ongoing occupation of the West Bank and siege of Gaza are fueling a drive to boycott its products, disinvest in its companies, and sanction its political and cultural elite. These trends are the very opposite of what the United States has attempted to achieve for Israel.
  • In a stunning demonstration of his country’s most famous renewable resource — chutzpah — Israel’s Prime Minister chose this very moment to make America the main issue in his reelection campaign while simultaneously transforming Israel into a partisan issue in the United States. This is the very opposite of a sound survival strategy for Israel. Uncertainties about their country’s future are leading many Israelis to emigrate, not just to America but to Europe. This should disturb not just Israelis but Americans, if only because of the enormous investment we have made in attempts to gain a secure place for Israel in its region and the world. The Palestinians have been silent about Mr. Netanyahu’s recent political maneuvers. Evidently, they recall Napoleon’s adage that one should never interrupt an enemy when he is making a mistake. This brings me to an awkward but transcendently important issue. Israel was established as a haven from anti-Semitism — Jew hatred — in Europe, a disease of nationalism and Christian culture that culminated in the Holocaust. Israel’s creation was a relief for European Jews but a disaster for the Arabs of Palestine, who were either ethnically cleansed by European Jewish settlers or subjugated, or both.  But the birth of Israel also proved tragic for Jews throughout the Middle East — the Mizrahim. In a nasty irony, the implementation of Zionism in the Holy Land led to the introduction of European-style anti-Semitism — including its classic Christian libels on Jews — to the region, dividing Arab Jews from their Muslim neighbors as never before and compelling them to join European Jews in taking refuge in Israel amidst outrage over the dispossession of Palestinians from their homeland. Now, in a further irony, Israel’s pogroms and other injustices to the Muslim and Christian Arabs over whom it rules are leading not just to a rebirth of anti-Semitism in Europe but to its globalization.
  • The late King `Abdullah of Saudi Arabia engineered a reversal of decades of Arab rejectionism at Beirut in 2002. He brought all Arab countries and later all 57 Muslim countries to agree to normalize relations with Israel if it did a deal — any deal — with the Palestinians that the latter could accept. Israel spurned the offer. Its working assumption seems to be that it does not need peace with its neighbors as long as it can bomb and strafe them. Proceeding on this basis is not just a bad bet, it is one that is dividing Israel from the world, including Jews outside Israel. This does not look like a story with a happy ending. It’s hard to avoid the thought that Zionism is turning out to be bad for the Jews. If so, given the American investment in it, it will also have turned out to be bad for America. The political costs to America of support for Israel are steadily rising. We must find a way to divert Israel from the largely self-engineered isolation into which it is driving itself, while repairing our own increasing international ostracism on issues related to Israel.  
  • Despite Mr. Netanyahu’s recent public hysteria about Iran and his efforts to demonize it, Israel has traditionally seen Iran’s rivalry with the Arabs as a strategic asset. It had a very cooperative relationship with the Shah. Neither Israelis nor Arabs have forgotten the strategic logic that produced Israel's entente with Iran. Israel is very much on Daesh’s list of targets, as is Iran. For now, however, Israel’s main concern is the possible loss of its nuclear monopoly in the Middle East. Many years ago, Israel actually did what it now accuses Iran of planning to do. It clandestinely developed nuclear weapons while denying to us and others that it was doing so. Unlike Iran, Israel has not adhered to the Nuclear Non-Proliferation Treaty or subjected its nuclear facilities to international inspection. It has expressed no interest in proposals for a nuclear-free zone in the Middle East. It sees its ability to bring on nuclear Armageddon as the ultimate guarantee of its existence.
  • To many, Israel now seems to have acquired the obnoxious habit of biting the American hand that has fed it for so long. The Palestinians have despaired of American support for their self-determination. They are reaching out to the international community in ways that deliberately bypass the United States. Random acts of violence herald mayhem in the Holy Land. Daesh has proclaimed the objective of erasing the Sykes-Picot borders and the states within them. It has already expunged the border between Iraq and Syria. It is at work in Lebanon and has set its sights on Jordan, Palestine, and Israel. Lebanon, under Saudi influence, has turned to France rather than America for support. Hezbollah has intervened militarily in Iraq and Syria, both of whose governments are close to Iran. Egypt and Turkey have distanced themselves from the United States as well as from each other. Russia is back as a regional actor and arms supplier. The Gulf Arabs, Egypt, and Turkey now separately intervene in Libya, Syria, and Iraq without reference to American policy or views. Iran is the dominant influence in Iraq, Syria, parts of Lebanon, and now Yemen. It has boots on the ground in Iraq. And now Saudi Arabia seems to be organizing a coalition that will manage its own nuclear deterrence and military balancing of Ir
  • To describe this as out of control is hardly adequate. What are we to do about it? Perhaps we should start by recalling the first law of holes — “when stuck in one, stop digging.” It appears that “don’t just sit there, bomb something” isn’t much of a strategy. When he was asked last summer what our strategy for dealing with Daesh was, President Obama replied, “We don’t yet have one.” He was widely derided for that. He should have been praised for making the novel suggestion that before Washington acts, it should first think through what it hopes to accomplish and how best to do it. Sunzi once observed that “tactics without strategy is the noise before defeat." America’s noisy but strategy-free approach to the Middle East has proven him right. Again the starting point must be what we are trying to accomplish. Strategy is "the discipline of achieving desired ends through the most efficient use of available means" [John Lewis Gaddis].Our desired ends with respect to the Middle East are not in doubt. They have been and remain to gain an accepted and therefore secure place for Israel there; to keep the region's oil and gas coming at reasonable prices; to be able to pass through the area at will; to head off challenges to these interests; to do profitable business in the markets of the Middle East; and to promote stability amidst the expansion of liberty in its countries. Judging by results, we have been doing a lot wrong. Two related problems in our overall approach need correction. They are “enablement” and the creation of “moral hazard.” Both are fall-out from  relationships of codependency.
  • Enablement occurs when one party to a relationship indulges or supports and thereby enables another party’s dysfunctional behavior. A familiar example from ordinary life is giving money to a drunk or a drug addict or ignoring, explaining away, or defending their subsequent self-destructive behavior.  Moral hazard is the condition that obtains when one party is emboldened to take risks it would not otherwise take because it knows another party will shoulder the consequences and bear the costs of failure. The U.S.-Israel relationship has evolved to exemplify codependency. It now embodies both enablement and moral hazard. U.S. support for Israel is unconditional.  Israel has therefore had no need to cultivate relations with others in the Middle East, to declare its borders, or to choose peace over continued expansion into formerly Arab lands. Confidence in U.S. backing enables Israel to do whatever it likes to the Palestinians and its neighbors without having to worry about the consequences. Israel is now a rich country, but the United States continues to subsidize it with cash transfers and other fiscal privileges. The Jewish state is the most powerful country in the Middle East. It can launch attacks on its neighbors, confident that it will be resupplied by the United States. Its use of U.S. weapons in ways that violate both U.S. and international law goes unrebuked. 41 American vetoes in the United Nations Security Council have exempted Israel from censure and international law. We enable it to defy the expressed will of the international community, including, ironically, our own.
  • We Americans are facilitating Israel's indulgence in denial and avoidance of the choices it must make if it is not to jeopardize its long-term existence as a state in the Middle East. The biggest contribution we could now make to Israel's longevity would be to ration our support for it, so as to cause it to rethink and reform its often self-destructive behavior. Such peace as Israel now enjoys with Egypt, Jordan, and the Palestinians is the direct result of tough love of this kind by earlier American administrations. We Americans cannot save Israel from itself, but we can avoid killing it with uncritical kindness. We should support Israel when it makes sense to do so and it needs our support on specific issues, but not otherwise. Israel is placing itself and American interests in jeopardy. We need to discuss how to reverse this dynamic.
  • Moral hazard has also been a major problem in our relationship with our Arab partners. Why should they play an active role in countering the threat to them they perceive from Iran, if they can get America to do this for them? Similarly, why should any Muslim country rearrange its priorities to deal with Muslim renegades like Daesh when it can count on America to act for it? If America thinks it must lead, why not let it do so? But responsible foreign and defense policies begin with self-help, not outsourcing of military risks. The United States has the power-projection and war-fighting capabilities to back a Saudi-led coalition effort against Daesh. The Saudis have the religious and political credibility, leadership credentials, and diplomatic connections to organize such an effort. We do not. Since this century began, America has administered multiple disappointments to its allies and friends in the Middle East, while empowering their and our adversaries. Unlike the Gulf Arabs, Egypt, and Turkey, Washington does not have diplomatic relations with Tehran. Given our non-Muslim identity, solidarity with Israel, and recent history in the Fertile Crescent, the United States cannot hope to unite the region’s Muslims against Daesh.  Daesh is an insurgency that claims to exemplify Islam as well as a governing structure and an armed force. A coalition led by inhibited foreign forces, built on papered-over differences, and embodying hedged commitments will not defeat such an insurgency with or without boots on the ground.
  • When elections have yielded governments whose policies we oppose, we have not hesitated to conspire with their opponents to overthrow them. But the results of our efforts to coerce political change in the Middle East are not just failures but catastrophic failures. Our policies have nowhere produced democracy. They have instead contrived the destabilization of societies, the kindling of religious warfare, and the installation of dictatorships contemptuous of the rights of religious and ethnic minorities. Frankly, we have done a lot better at selling things, including armaments, to the region than we have at transplanting the ideals of the Atlantic Enlightenment there. The region’s autocrats cooperate with us to secure our protection, and they get it. When they are nonetheless overthrown, the result is not democracy or the rule of law but socio-political collapse and the emergence of  a Hobbesian state of nature in which religious and ethnic communities, families, and individuals are able to feel safe only when they are armed and have the drop on each other. Where we have engineered or attempted to engineer regime change, violent politics, partition, and ethno-religious cleansing have everywhere succeeded unjust but tranquil order. One result of our bungled interventions in Iraq and Syria is the rise of Daesh. This is yet another illustration that, in our efforts to do good in the Middle East, we have violated the principle that one should first do no harm.
  • Americans used to believe that we could best lead by example. We and those in the Middle East seeking nonviolent change would all be better off if America returned to that tradition and forswore ideologically motivated hectoring and intervention. No one willingly follows a wagging finger. Despite our unparalleled ability to use force against foreigners, the best way to inspire them to emulate us remains showing them that we have our act together. At the moment, we do not. In the end, to cure the dysfunction in our policies toward the Middle East, it comes down to this. We must cure the dysfunction and venality of our politics. If we cannot, we have no business trying to use an 8,000-mile-long screwdriver to fix things one-third of the way around the world. That doesn’t work well under the best of circumstances. But when the country wielding the screwdriver has very little idea what it’s doing, it really screws things up.
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    Chas Freeman served as US ambassador to Saudi Arabia during the war to liberate Kuwait and as Assistant Secretary of Defense from 1993-94. He was the editor of the Encyclopedia Britannica entry on "diplomacy" and is the author of five books, including "America's Misadventures in the Middle East" and "Interesting Times: China, America, and the Shifting Balance of Prestige."  I have largely omitted highlighting portions of the speech dealing with Muslim nations because Freeman has apparently lost touch with the actual U.S., Saudi, UAE, Kuwait, and Turish roles in creating and expanding ISIL. But his analysis of Israel's situation and recommendations for curing it seem quite valid, as well as his overall Mideast recommendation to heed the First Law of Holes: "when stuck in one, stop digging."   I recommend reading the entire speech notwithstanding his misunderstanding of ISIL. There is a lot of very important history there ably summarized.
Gary Edwards

Is The US Finally Ready For Revolution? - Democratic Underground - 1 views

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    Written in June of 2012, before the national elections, this commentary remains the ringing truth.  Maybe more Americans are ready to listen this fourth of July? ........................... "Is America Ready For Revolution? I have always strongly believed that it's not possible to be a good Christian without standing up against social injustice and government corruption in all its forms. As I take a look around me today I find a lot of things wrong with our country. In fact, I have been a proponent for radical change for several years now, and I have written and published 2 books on this very topic. Where shall I begin? In God-blessed America, the land of the free where everyone is an economic slave, our founding fathers' sacred idea of a government "of the people, by the people, for the people" has become but a cruel joke. Former president George W. Bush has notoriously called our Constitution - our supreme law of the land - "that (expletive) piece of paper". The federal government is currently spending at least $60 billion per month on military excursions in Afghanistan, the Middle East, and northern and western Africa - including operating between 800 and 1,000 foreign military bases all over the world. Our country's over-used flying drone aircraft kills hundreds daily overseas, many of whom are only innocent bystanders. Meanwhile here on the home front, one in seven people are on food stamps, and at any given time one in four American children are going hungry today. Our country spends more money incarcerating people than it does on education. What's up with that? Our political system is openly rigged against the best interests of the American people. A massive market mechanism is securely entrenched in our political system where political influence is openly bought and sold. Tens of thousands of highly-paid middlemen called "lobbyists" facilitate the legal transfer of billions between moneyed special interests and our so-called "representatives" i
Paul Merrell

MoD pays out millions to Iraqi torture victims | Law | The Guardian - 0 views

  • The Ministry of Defence has paid out £14m in compensation and costs to hundreds of Iraqis who complained that they were illegally detained and tortured by British forces during the five-year occupation of the south-east of the country.Hundreds more claims are in the pipeline as Iraqis become aware that they are able to bring proceedings against the UK authorities in the London courts.
  • Lawyers representing former prisoners of the British military say that more than 700 further individuals are likely to make claims next year.Most of those compensated were male civilians who said they had been beaten, deprived of sleep and threatened before being interrogated by British servicemen and women who had detained them on suspicion of involvement in the violent insurgency against the occupation. Others said that they suffered sexual humiliation and were forced into stress positions for prolonged periods.
  • Many of the complaints arise out of the actions of a shadowy military intelligence unit called the Joint Forward Interrogation Team (Jfit) which operated an interrogation centre throughout the five-year occupation. Officials of the International Committee of the Red Cross complained about the mistreatment of detainees at Jfit not long after it was first established.Despite this, the interrogators shot hundreds of video films in which they captured themselves threatening and abusing men who can be seen to be bruised, disoriented, complaining of starvation and sleep deprivation and, in some cases, too exhausted to stand unaided.
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  • During proceedings brought before the high court in London, lawyers representing the former Jfit prisoners suggested the interrogation centre could be regarded as "Britain's Abu Ghraib".
  • Next month, the high court will hear a judicial review of the MoD's refusal to hold a public inquiry into the abuses. Human rights groups and lawyers for the former prisoners say the UK government is obliged to hold an inquiry to meet its obligations under the European convention on human rights – and particularly under article three of the convention, which protects individuals from torture.After a hearing, the high court highlighted matters supporting the allegations of systemic abuse. These included:• The same techniques being used at the same places for the same purpose: to assist interrogation.• The facilities being under the command of an officer.• Military doctors examining each prisoner at various stages in their detention.• Investigations by the Royal Military police that were concluded without anyone being held to account.
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    The Brits at least have the decency to attempt to make amends for its soldiers who tortured prisoners. Not so in the U.S. *Every* "war on terror" detainee who has filed a case for damages in the U.S. has been thrown out of court at the government's request, usually on grounds of the State Secrets privilege. It is a sad situation that our courts allow government secrecy about unlawful conduct to trump individual rights to redress for injury. 
Paul Merrell

http://www.quakerpi.org/news/letter.htm - 0 views

  • Amidst another week of deadly Israeli-Palestinian violence, fifteen faith leaders representing U.S. churches and faith organizations have called on Congress to condition U.S. military aid to Israel upon Israel’s “compliance with applicable U.S. laws and policies.” These leaders--representing Baptist, Lutheran, Catholic, Presbyterian, Methodist, Orthodox, Quaker and other major Christian groups--agree that unconditional U.S. military assistance to Israel has contributed to “sustaining the conflict and undermining the long-term security interests of both Israelis and Palestinians.”  [SEE LETTER BELOW]   As a Quaker peace lobby that has advocated for Israeli-Palestinian peace for decades in Washington, the Friends Committee on National Legislation (FCNL) is proud to be a partner in this effort.   These organizations draw upon their decades of experience in the region, during which they have collectively witnessed the horror of suicide bombing, rocket attacks, shootings of civilians, home demolitions, forced displacement, and other widespread human rights violations. These faith groups “recognize that each party — Israeli and Palestinian — bears responsibilities for its actions and we therefore continue to stand against all violence regardless of its source.”      Unconditional U.S. military aid has become one of those sources fueling violence and further entrenchment of Israel’s military occupation of the Palestinian territories. This statement highlights the United States’ responsibility to hold Israel accountable for “a troubling and consistent pattern of disregard by the government of Israel for U.S. policies that support a just and lasting peace.”
  • Dear Member of Congress,
  • Echoing urgent warnings from Israeli leader The letter also echoes the urgency for immediate action to secure a diplomatic settlement to the crisis that has been acknowledged by scores of Israeli and Palestinian leaders, including Ehud Barak, Israel’s current Defense Minister and former Prime Minister. In a historic speech delivered at the prestigious Herzliya National Security Conference in Israel in early 2010, Mr. Barak warned of Israel’s future in the absence of a political settlement, saying in stark terms:   “The reality is cruel but simple. Between the Jordan River...and the Mediterranean, 12 million people live, 7.5 million Israelis and 4.5 million Palestinians. And the simple truth is that as long as in this territory to the West of the Jordan River, there is one political entity which is called Israel[...]and if this bloc of Palestinians would not be able to vote, it’s going to be an apartheid state.”     Israeli, Palestinian, and U.S. interests require urgent efforts to avoid the nightmare that Israeli leader Ehud Barak has described as an apartheid state. A just and peaceful future for Israelis and Palestinians requires that all parties to a conflict are held accountable and that a comprehensive, inclusive diplomatic settlement be secured. An essential step for Congress to support Israeli-Palestinian peace efforts is to heed these warnings, and hold Israel accountable for how it uses U.S. military aid. (See full letter at:http://www.fcnl.org/middle_east
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  • Congress must investigate possible violations of U.S. law The latest State Department human rights report on Israel and the Occupied Territories provides a devastating account of Israel’s human rights violations against civilians, many of which involve the misuse of U.S.-supplied weapons. This diverse religious coalition has called for “an immediate investigation into possible violations by Israel of the U.S. Foreign Assistance Act and the U.S. Arms Export Control Act,” and urges Congress to “ensure that our aid is not supporting actions by the government of Israel that undermine prospects for peace”.     The signers affirm that these are laws that “should be enforced in all instances regardless of location,” but that it is especially critical for Israel to comply with laws that regulate the use of U.S. supplied weapons, since Israel is the single largest recipient of U.S. foreign aid since World War II. Notably, the United States has initiated investigations of violations of these laws by other countries, and on four different occasions between 1978 and 1982, the Secretary of State notified Congress that Israel “may” have violated the provisions of the Arms Export Control Act.   The coalition has called for renewed investigations into human rights violations documented by the State Department’s report, including Israel’s escalation of home demolitions, forced displacement, suppression of dissent, and its use of prohibited weapons in densely populated areas during Israel’s military Operation Cast Lead in the Gaza Strip.  
  • Unfortunately, unconditional U.S. military assistance to Israel has contributed to this deterioration, sustaining the conflict and undermining the long-term security interests of both Israelis and Palestinians. This is made clear in the most recent 2011 State Department Country Report on Human Rights Practices covering Israel and the Occupied Territories (1), which details widespread Israeli human rights violations committed against Palestinian civilians, many of which involve the misuse of U.S.-supplied weapons. Accordingly, we urge an immediate investigation into possible violations by Israel of the U.S. Foreign Assistance Act and the U.S. Arms Export Control Act which respectively prohibit assistance to any country which engages in a consistent pattern of human rights violations and limit the use of U.S. weapons (2) to “internal security” or “legitimate self-defense.” (3) More broadly, we urge Congress to undertake careful scrutiny to ensure that our aid is not supporting actions by the government of Israel that undermine prospects for peace. We urge Congress to hold hearings to examine Israel’s compliance, and we request regular reporting on compliance and the withholding of military aid for non-compliance.
  • Sincerely, Rev. Gradye Parsons
Stated Clerk of the General Assembly
Presbyterian Church (USA) Mark S. Hanson
Presiding Bishop
Evangelical Lutheran Church in America Bishop Rosemarie Wenner
President, Council of Bishops
United Methodist Church Peg Birk
Transitional General Secretary
National Council of Churches USA   Shan Cretin
General Secretary
American Friends Service Committee J Ron Byler
Executive Director
Mennonite Central Committee U.S. Alexander Patico
North American Secretary
Orthodox Peace Fellowship Diane Randall
Executive Secretary
Friends Committee on National Legislation Dr. A. Roy Medley
General Secretary
American Baptist Churches, U.S.A. Rev. Geoffrey A. Black
General Minister and President
United Church of Christ Rev. Dr. Sharon E. Watkins
General Minister and President
Christian Church (Disciples of Christ) Rev. Julia Brown Karimu
President, Christian Church (Disciples of Christ), Division of Overseas Ministries
Co-Executive, Global Ministries (UCC and Disciples) Rev. Dr. James A. Moos
Executive Minister, United Church of Christ, Wider Church Ministries
Co-Executive, Global Ministries (UCC and Disciples) Kathy McKneely
Acting Director
Maryknoll Office for Global Concerns Eli S. McCarthy, PhD
Justice and Peace Director
Conference of Major Superiors of Men (CMSM)
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    Maybe part of the solution is to stop propping up the apartheid state of Israel with U.S. weapons and war supplies?
Paul Merrell

Impending Threat to Canadian Democracy: Harper Government's "Anti-Terrorism Act" isn't ... - 0 views

  • The Harper government’s Bill C-51, or Anti-Terrorism Act, has been in the public domain for over a month. Long enough for us to know that it subverts basic principles of constitutional law, assaults rights of free speech and free assembly, and is viciously anti-democratic. An unprecedented torrent of criticism has been directed against this bill as the government rushes it through Parliament. This has included stern or at least sceptical editorials in all the major newspapers; an open letter, signed by four former Prime Ministers and five former Supreme Court judges, denouncing the bill for exposing Canadians to major violations of their rights; and another letter, signed by a hundred Canadian law professors, explaining the dangers it poses to justice and legality. As its critics have shown, the bill isn’t really about terrorism: it’s about smearing other activities by association—and then suppressing them in ways that would formerly have been flagrantly illegal. The bill targets, among others, people who defend the treaty rights of First Nations, people who oppose tar sands, fracking, and bitumen-carrying pipelines as threats to health and the environment, and people who urge that international law be peacefully applied to ending Israel’s illegal occupation of Palestinian territories. (Members of this latter group include significant numbers of Canadian Jews.)
  • But the Anti-Terrorism Act is more mortally dangerous to Canadian democracy than even these indications would suggest. A central section of the act empowers CSIS agents to obtain judicial warrants—on mere suspicion, with no requirement for supporting evidence—that will allow them to supplement other disruptive actions against purported enemies of Harperland with acts that directly violate the Charter of Rights and Freedoms and other Canadian laws. The only constraints placed on this legalized law-breaking are that CSIS agents shall not “(a) cause, intentionally or by criminal negligence, death or bodily harm to an individual; (b) wilfully attempt in any manner to obstruct, pervert or defeat the course of justice; or (c) violate the sexual integrity of an individual.”
  • The second of these prohibitions—occurring in the midst of a bill that seeks systematically to obstruct citizens in the exercise of their rights, pervert justice, and defeat democracy—might tempt one to believe that there is a satirist at work within the Department of Justice. (Note, however, that CSIS agents can obstruct, pervert and defeat to their hearts’ content, so long as they do so haphazardly, rather than “wilfully.”) But the first and third clauses amount to an authorization of torture.
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    U.S. government's excesses metastasize to Canada.
Paul Merrell

Palestinians sue billionaire Sheldon Adelson for Israeli war crimes | The Electronic In... - 0 views

  • A group of Palestinians and Palestinian Americans are seeking $34.5 billion dollars in damages from wealthy individuals and companies they accuse of financing and profiting from Israel’s settlements in the occupied West Bank and other abuses of their rights. The plaintiffs include Palestinians who have lost family members in Israeli attacks in the West Bank and Gaza Strip. Their lawsuit is the latest effort to expose and curb the role of organizations that operate as tax-exempt US charities in fueling violence and settlement expansion on occupied Palestinian land. It names as defendants US tycoons Sheldon Adelson, Haim Saban, Irving Moskowitz and Oracle founder Lawrence Ellison.
  • Adelson is renowned for using his huge casino fortune to advance his pro-Israel political agenda and is a major financial backer of both Israeli Prime Minister Benjamin Netanyahu and the US Republican Party. Saban has donated millions of dollars to US Democratic Party presidential hopeful Hillary Clinton. Moskowitz is one of the main financiers of settler efforts to force Palestinians out of their homes in occupied East Jerusalem. The lawsuit also names Israeli diamond magnate and settlement builder Lev Leviev and Christians United for Israel founder, the US Evangelical pastor John Hagee. Twelve US-based charities and a number of Israeli and US corporations are also named as defendants. The charities include Friends of the Israel Defense Forces, The Hebron Fund and Christian Friends of Israeli Communities.
  • The plaintiffs, represented by the law firm Martin McMahon and Associates, allege that the defendants are directly responsible for violence and for the expansion of settlements. The lawsuit, filed in a Washington, DC, federal court on Monday, alleges a wide range of crimes under US and international law, including genocide, war crimes and crimes against humanity, conspiracy, money laundering, racketeering, perjury and pillage. It alleges that charitable donations are sent to the Israeli army, a violation of US laws against funding a foreign military. Last December, some of the same plaintiffs using the same law firm sued the US Treasury for allowing billions of dollars of tax-exempt donations to flow to Israeli settlements. This lawsuit targets those who are supplying the money. Several are powerful billionaires who the lawsuit contends have defrauded the US tax authorities by funnelling huge sums of money meant for illegal purposes through tax-exempt organizations. According to the lawsuit, approximately $1 billion is sent through these organizations each year, with $104 million going to the Israeli army in 2014.
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  • The lawsuit alleges that the defendants donate money to tax-exempt organizations knowing that it will be used for criminal activity, such as funding the theft and destruction of private property and financing racially discriminatory practices such as Jewish-only towns and highways.
  • But this lawsuit reaches even more broadly than charities that fund political agendas abroad. Seventeen international corporations are named as beneficiaries of the unlawful activities of the tax-exempt entities and donors. The lawsuit calls this money loop a civil conspiracy to defraud the US government. “The settlement enterprise is a very successful industry,” the law firm states in a press release. The US-based real estate firm RE/MAX has grossed $9.5 billion for selling 26,000 new homes in the occupied West Bank, according to the lawsuit. Other corporations named are G4S, Hewlett Packard, Motorola and Volvo. Israeli banks that process international wire transfers for other defendants are also accused in the conspiracy. By targeting both the funders and the profiteers, the lawsuit aims to capture the criminal economic cycle that has helped make Israel’s occupation sustainable for everyone but Palestinians.
  • Separate from the civil conspiracy charges, the lawsuit also accuses Ahava–Dead Sea Laboratories, Israel Chemicals and Nordstrom department stores of the war crime of pillage. Nordstrom sells Ahava cosmetics made with Dead Sea minerals taken from the occupied West Bank.
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    Somewhat ironic that the path to prosecution in the U.S. for damage awards against foreign governments as "sponsors of terrorism" by the Israeli Mossad front, Shurat Hadin is now being used to go after those in the U.S. who fund Israeli terrorism against Palestinians.  More coverage here: http://www.aljazeera.com/news/2016/03/palestinians-sue-pro-israel-tycoons-345bn-160307191923877.html
Paul Merrell

PressTV - US planning for a post-Israel Middle East - 0 views

  • So what is all the fuss about? It’s a paper entitled: Preparing for a Post-Israel Middle East, an 82-page analysis that concludes that the American national interest in fundamentally at odds with that of Zionist Israel. The authors conclude that Israel is currently the greatest threat to US national interests because its nature and actions prevent normal US relations with Arab and Muslim countries and, to a growing degree, the wider international community. The study was commissioned by the US Intelligence Community comprising 16 American intelligence agencies with an annual budget in excess of $ 70 billion. The IC includes the departments of the Navy, Army, Air Force, Marine Corps, Coast Guard, Defense Intelligence Agency, Departments of Energy, Homeland Security, State, Treasury, Drug Enforcement Agency, Federal Bureau of Investigation, National Security Agency, National Geospatial Intelligence Agency, National Reconnaissance Agency and the Central Intelligence Agency commissioned the study.
  • srael, given its current brutal occupation and belligerence cannot be salvaged any more than apartheid South Africa could be when as late as 1987 Israel was the only “Western” nation that upheld diplomatic ties with South Africa and was the last country to join the international boycott campaign before the regime collapsed;
  • Simultaneous with, but predating, rapidly expanding Arab and Muslim power in the region as evidenced by the Arab Spring, Islamic Awakening and the ascendancy of Iran, as American power and influence recedes, the US commitment to belligerent oppressive Israel is becoming impossible to defend or execute consistent given paramount US national interests which include normalizing relations with the 57 Islamic countries; · Gross Israeli interference in the internal affairs of the United States through spying and illegal US arms transfers. This includes supporting more than 60 ‘front organizations’ and approximately 7,500 US officials who do Israel’s bidding and seek to dominate and intimidate the media and agencies of the US government which should no longer be condoned;
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  • The international opposition to the increasingly apartheid regime can no longer be synchronized with American claimed humanitarian values or US expectations in its bilateral relations with the 193 member United Nations. The Draft ends with language about the need to avoid entangling alliances that alienate much of the World and condemn American citizens to endure the consequences.
  • Franklin Lamb, former Assistant Counsel, US House Judiciary Committee and Professor of International Law at Northwestern College of Law in Oregon, earned his Law Degree at Boston University and his LLM, M.Phil., and PhD degrees at the London School of Economics. Following three years at the International Court of Justice in The Hague, Lamb was visiting fellow at the Harvard Law School’s East Asian Legal Studies Center.
Paul Merrell

Losing public opinion on BDS, activists turn to 'lawfare' - 0 views

  •      Champions of proposed Senate Bill SB1761, which passed both houses of the Illinois General Assembly May 18th, say it’s designed to fight anti-Semitic activism and protects Israel from the existential threat posed by the Boycott, Divestment, & Sanctions movement (BDS). Opponents of the bill say it places the economic welfare of Israel before U.S. interests, tacitly endorses the full annexation of the West Bank into Israel, and violates our country’s First Amendment rights. The bill’s opponents are right. But a potential threat of this legislation, edging closer to the criminalization of advocating for Palestinian rights and against occupation, threatens our core First Amendment rights and has been relatively absent from the discourse surrounding this bill.
  • And that’s not just here in the United States. Israeli lawmakers sought to criminalize public support of boycotts against Israel back in 2010 through their “Law for Prevention of Damage to the State of Israel through Boycott.” When I spoke with a staffer for Illinois State Rep. Sara Feigenholtz, one of the bill’s primary sponsors, inquiring if SB1761 was modeled after the 1977 amendments to the Export Administration Act (regarding the Arab League boycott of Israel), I was informed “These ‘antiboycott’ laws are the 1977 amendments to the Export Administration Act (EAA) and the Ribicoff Amendment to the 1976 Tax Reform Act (TRA). I hope this helps.…SB1761 falls in line with these federal laws”
  • Referencing EAA is another indication of the move toward weakening our First Amendment rights, as that amendment was meant to criminalize people who adhered to the Arab League’s boycott of Israel. Melissa Redmiles writes of the 70’s legislation in International Boycott Reports, 2003 and 2004 (pdf), from the IRS.gov website: “Those U.S persons who agree to participate in such boycotts are subject to criminal and civil penalties.” SB1761 seems to be the latest manifestation of a trend toward enacting a kind of trickle-down suppression. From the Center For Constitutional Rights website for Palestine Solidarity Legal Support: “These bills must be opposed in order to protect the right to engage in boycotts that reflect collective action to address a human rights issue, which the US Supreme Court has declared is protected speech… These bills would make it state policy to discourage support of human rights boycotts against Israel… and have the potential to stifle expressions of political beliefs…”
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  • SB1761 requires all five public retirement benefits systems of the Illinois Pension Code to divest “all direct holdings” from any company which engages in boycotting Israel. This is designed to financially punish companies which participate in BDS; presumably European companies. But it will also burden an already severely crippled,“worst in nation”, Illinois pension system. Illinois Governor Bruce Rauner was quoted by Jewish United Fund News (JUF) earlier this month as saying, “I made a pledge that Illinois would become the first state in America to divest its public pension funds from any company in the world that boycotts Israel.” Rauner includes U.S. companies in his threat of divestment when he says “any company in the world.”
  • Relatedly from SB1761 itself: “It is not the intent [of this bill]… to cause divestiture from any company based in the United States of America.” Not intended? This soft language clearly leaves the door open to require Illinois public retirement systems’ divestiture from U.S. companies that participate in BDS. So, while politicians endorsing this bill can point to this statement of “intent” as some kind of safeguard for American companies, this same sentence simultaneously functions as a veiled threat to those companies.
  • SB1761 characterizes the motivations of the BDS movement as “intending to penalize… Israel.” Similarly, JUF News this month quoted JUF President Steven B. Nasatir saying, “At the core of the BDS movement is a quest to delegitimize Israel as a Jewish state.” That’s like stating that the intent of the Civil Rights Montgomery bus boycott was to “penalize white people.
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    As though ACLU didn't already have enough lawsuits going. But this takes the cake. Although anti-BDS legislation has been introduced several times in Congress but never got off the ground because of the First Amendment barrier. Similar measures pending in Europe too.  The good news here is that Israel's right-wing government is getting desperate. The BDS movement is mushrooming globally and routinely is achieving success in convincing companies (and recording artists, etc.) to pull out of Israel. More so in Europe, but BDS is off to a great start in the U.S. Kerry warned Netanyahu before the latter blew up the last round of negotations with the Palestinians that BDS would soon make it politically impossible for the U.S. to continue providing cover for Israel on the U.N. Security Council. There's a big shift of public opinion in the U.S. about Israel's abuse of Palestinians well under way. It won't be long before introducing Israel Lobby measures in Congress will stop happening. 
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