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Poland is to ask the European Court of Human Rights to re-consider its ruling that Poland violated its human rights commitments by hosting a secret CIA jail on its soil, the prosecutor general was quoted as saying on Tuesday. The court in Strasbourg said in a ruling issued in July this year that the CIA had used a facility in a Polish forest, code named "Quartz", as a hub in its network of sites around the world where al Qaeda suspects were interrogated.Poland has always denied that the CIA had a jail on its territory, despite evidence pointing to Polish involvement in the U.S. programme of "extraordinary rendition" put in place after the Sept. 11, 2001 attacks.

"A motion from Poland to the court on a review of this case before the Grand Chamber is being finalised," state news agency PAP cited Prosecutor-General Andrzej Seremet as saying.Under the procedures of the Strasbourg court, seeking a referral to the Grand Chamber is equivalent to lodging an appeal.Seremet was quoted as saying that the court had ruled unfairly that Poland had not cooperated with the court.He said Poland was limited in the material it could hand over to the court because much of it was classified, and he said the court had not put in place arrangements that would have allowed Poland to share that information in confidence.

Israeli practices of detaining Palestinians without charge or trial is a violation of the Fourth Geneva Convention, which defines humanitarian protection for civilians, the United Nations has said.

The comments made by a spokeswoman for the United Nations Human Rights Office (OHCHR) came just days after Khalida Jarrar, a Palestinian lawmaker, was imprisoned without trial by Israeli authorities, The Nation website said. "We are concerned at the continued and increasing use of administrative detention by Israeli authorities against Palestinians. Administrative detainees are held without charge or trial, often on the basis of secret evidence, for periods of up to six months, which are extendable indefinitely," UN spokeswoman Ravina Shamdasani said, during a press briefing in Geneva, adding that this practice had been condemned by the UN on numerous occasions in the past. OHCHR reiterates its call on Israel to end its practice of administrative detention and to either release without delay or to promptly charge all administrative detainees and prosecute them with all the judicial guarantees required by international human rights law, she said. Khalida Jarrar, a member of the Palestinian parliament and the Popular Front for the Liberation of Palestine, was arrested on Monday and is currently being held in administrative detention, PNN reports.

Jarrar is just one of the many Palestinians that include several other legislators, believed to be held in prisons by Israel. "As of February this year, there were reportedly 424 Palestinians held under administrative detention orders - more than double the 181 held at the same time last year," Shamdasani said. "We call, once again, on Israel to end its practice of administrative detention and to either release without delay or to promptly charge all administrative detainees and prosecute them with all the judicial guarantees required by international human rights law and standards." The policy of administrative detention, which Israel has reportedly defended as necessary to prevent attacks, has also been criticized by several Israeli lawmakers, who have denounced it as "draconian." "Israel should be ashamed of the draconian regime of administrative detentions, which is unparalleled in any democracy," Aida Touma-Suliman, a member of the Arab Joint List party, said, according to a report by Haaretz, an Israeli newspaper.

It seems that Saudi Arabia has started to undergo the transformation various experts predicted. Those became obvious when the sitting king Salman bin Abdulaziz Al Saud replaced his deceased elder brother Abdullah bin Abdulaziz Al Saud in January 2015, and made a number of quite unusual arrangements within the ruling elite, appointing the head of the Ministry of Interior Muhammad bin Nayef from Abdullah’s clan the Crown Prince, while his 33-year-old son Mohammad bin Salman Al Saudfrom the Sudairy clan received the appointment of Deputy Crown Prince.

Now it seems that the wheels of the political machine are moving again. Last week reports from Riyadh indicated that his disease is taking a toll on the king and he wants to renounce his reign in favor of the Crown Prince. But then neighboring states, especially Qatar and the United Arab Emirates, started hinting that the members of the Saudi royal family along with the sheikhs of the strongest tribes, which are the foundation of Al Saud’s rule, are extremely dissatisfied with the sharp deterioration of the economic and social situation in the country, leading to a major drop in their personal incomes. It is no secret that Riyadh increased the volume of oil production to weaken the positions of its main competitors – Russia, Iran and Venezuela. But the kingdom had to take a punch as well, it was forced to unseal its reserve fund and cut the funding of numerous social programs.

Now the highly respected Institute for Gulf Affairs is stating that the king of Saudi Arabia Salman bin Abdulaziz Al Saud is preparing to renounce the throne in favor of his son Mohammad bin Salman Al Saud, and has since brought his country to the brink of a disaster. It means that the 80-year-old Salman is trying desperately hard to persuade his brothers on the succession board to allow him to change the principle of succession of the Saudi throne, since he’s ready to leave, but not so ready for his nephew Mohammad bin Salman Al Saud to rule the country. What the king has been doing is allegedly done “only for the sake of the stability of the kingdom.” Although the reality of the situation is clear – should Salman retain his position, the disintegration of the kingdom is imminent, with certain Shia areas breaking away, while the regions on the border with Yemen which are mostly populated by Yemeni tribes, more than happy to return home. Moreover, the Minister of Interior used to be a habitual cocaine user, so he was only able to “produce” two daughters, and now he’s somewhat incapable of producing more children. Should the king manage to carry out the above described scheme, he will become the first Saudi monarch to leave the throne to his son.

MERICAN AND BRITISH INTELLIGENCE secretly tapped into live video feeds from Israeli drones and fighter jets, monitoring military operations in Gaza, watching for a potential strike against Iran, and keeping tabs on the drone technology Israel exports around the world. Under a classified program code-named “Anarchist,” the U.K.’s Government Communications Headquarters, or GCHQ, working with the National Security Agency, systematically targeted Israeli drones from a mountaintop on the Mediterranean island of Cyprus. GCHQ files provided by former NSA contractor Edward Snowden include a series of “Anarchist snapshots” — thumbnail images from videos recorded by drone cameras. The files also show location data mapping the flight paths of the aircraft. In essence, U.S. and British agencies stole a bird’s-eye view from the drones.

Several of the snapshots, a subset collected in 2009 and 2010, appear to show drones carrying missiles. Although they are not clear enough to be conclusive, the images offer rare visual evidence to support reports that Israel flies attack drones — an open secret that the Israeli government won’t acknowledge. “There’s a good chance that we are looking at the first images of an armed Israeli drone in the public domain,” said Chris Woods, author of Sudden Justice, a history of drone warfare. “They’ve gone to extraordinary lengths to suppress information on weaponized drones.” The Intercept is publishing a selection of the drone snapshots in an accompanying article.

Additionally, in 2012, a GCHQ analyst reported “regular collects of Heron TP carrying weapons,” referring to a giant drone made by the state-owned Israel Aerospace Industries, known as IAI. Anarchist operated from a Royal Air Force installation in the Troodos Mountains, near Mount Olympus, the highest point on Cyprus. The Troodos site “has long been regarded as a ‘Jewel in the Crown’ by NSA as it offers unique access to the Levant, North Africa, and Turkey,” according to an article from GCHQ’s internal wiki. Last August, The Intercept published a portion of a GCHQ document that revealed that NSA and GCHQ tracked weapons signals from Troodos, and earlier reporting on the Snowden documents indicated that the NSA targeted Israeli drones and an Israeli missile system for tracking, but the details of the operations have not been previously disclosed. “This access is indispensable for maintaining an understanding of Israeli military training and operations and thus an insight to possible future developments in the region,” a GCHQ report from 2008 enthused. “In times of crisis this access is critical and one of the only avenues to provide up to the minute information and support to U.S. and Allied operations in the area.”

There’s a lot that’s remarkable about last Tuesday’s Third Circuit decision in Hassan v. City of New York, which Faiza Patel cogently summarized in her post last week. In a nutshell, Hassan involves a challenge to secret intelligence operations carried out by the New York Police Department (NYPD) over the years since September 11 that allegedly targets Muslim communities “based on the false and stigmatizing premise that Muslim religious identity ‘is a permissible proxy for criminality, and that Muslim individuals, businesses, and institutions can therefore be subject to pervasive surveillance not visited upon individuals, businesses, and institutions of any other religious faith or the public at large.'” The district court had tersely granted the City’s motion to dismiss both because it concluded the plaintiffs lacked standing and because, in the alternative, it held that the plaintiffs had failed to overcome the pleading burden articulated by the Supreme Court in Iqbal. But the Third Circuit reversed on both fronts, holding that the plaintiffs’ allegations, if true, were more than enough to establish both that they had suffered an injury in fact sufficient to satisfy Article III standing, and that their equal protection and First Amendment claims were sufficiently plausible to satisfy Iqbal. To be sure, the Third Circuit’s decision is interlocutory — coming at a very preliminary stage in the litigation. But what I want to suggest in the post that follows is that, as much as any other post-September 11 judicial decision, Hassan represents the full-throated repudiation of the Supreme Court’s infamous World War II-era ruling in Korematsu v. United States that has been so long in coming — and so thoroughly overdue.

As I’ve written about before, Korematsu reflects two separate — but equally important — constitutional failures. The first failure was the internment policy itself, which we now know (and which the US government knew at the time) to have been a completely unnecessary — if not hysterical — overreaction to hyperbolic and (after Midway, at least) categorically overstated fears of a Japanese invasion of the West Coast. By itself, the camps were a dark stain on the history of civil liberties in the United States — albeit one of many, alas. But the second failure was, historically, the far more significant and unique one — the Supreme Court’s conscious constitutional rationalization of the internment policy, based upon a combination of naïveté on the Justices’ part and the affirmatively misleading (if not downright disingenuous) briefing by the federal government. As Justice Robert H. Jackson understood — and forcefully articulated — in his Korematsu dissent, the real violence to the “rule of law” resulting from the camps was thus not the underlying policy, but rather its validation by the Supreme Court. In his words, “a military commander may overstep the bounds of constitutionality, and it is an incident. But if we review and approve, that passing incident becomes the doctrine of the Constitution.”

But we’ve struggled somewhat with the second constitutional failure. The courts have repudiated Korematsu’s conviction; the Office of the Solicitor General has confessed error for its role in perpetuating the government’s misleading case before the Supreme Court; and scholars have suggested that Korematsu itself has become part of the “anti-canon” — the class of Supreme Court decisions so reviled that they are cited, if at all, in support of the wrongness of their holdings. But Korematsu itself remains on the books, as do broader concerns that courts are still vulnerable to Korematsu — style reasoning, i.e., that the need to protect national security might provide legal justification for government conduct that would otherwise be unjustifiable. Indeed, one need look no further than the ongoing debate over the SSCI’s torture report for evidence of the Korematsu mentality being alive and well.

A leaked audio of a conversation between Venezuelan businessman, Lorenzo Mendoza, and former politician, Ricardo Hausman, has revealed Venezuela’s political and business opposition to be seeking collaboration with the IMF (International Monetary Fund) ahead of the country’s parliamentary elections on December 6th. In the phone conversation, leaked in Venezuela last Wednesday, both men speak about the possibility of IMF intervention in the Venezuelan economy and frequently refer to each other as “mate”.   Mendoza currently ranks as one the wealthiest businessmen in the world and controls key areas of the Venezuelan economy, such as the production of cornflour, beer and other household staples. Government supporters hold him responsible for the widespread shortage of key products, which they say is an attempt to destabilise the administration of current leftwing President Nicolas Maduro.   Hausman was formerly Planning Minister (1992-1993) to disgraced ex-Venezuelan President president, Carlos Andres Perez. He currently resides in the US where he is a lecturer at the Kennedy School of Government at Harvard University. 

In the audio, which is dominated by Hausman, the ex-minister reveals that he is a longterm friend of the IMF’s Vice-president for the Western Hemisphere, who has asked him to go to the organisation to “talk about Venezuela”. He explains that the fund is “worried” that it will have to “intervene” in the country.   “The condition is that we have a small committee meeting to speak, gloves off, about what the hell we can do to see… Or, if you were to receive a call from Obama or Holland, or whoever and they say… Hell, mate, for us it’s really important that they get involved in Venezuela,” says Hausman.  The economist also assures Mendoza that he is committed to the “war in Venezuela” despite his absence, stating that “there is no exit for Venezuela without substantial international help,” appearing to reference the opposition’s violent street campaign to unseat the government last year, entitled La Salida (the exit).  Specifically Hausman recommends a 40-50 billion dollar loan from the IMF, which he says will entail a significant restructure of the country’s “debt profile” and “what they euphemistically term, private sector involvement”. The two men also reference a group of Hausman’s students in the US, who appear to have been pinned by both men to carry out the economic restructuring in a post-Chavista government.  The conversation finishes with Hausman revealing that he has “projects” in Colombia, Mexico, Peru and Albania, and confirming that the time is right for “carrying out an adjustment plan in Venezuela”. 

The recording has caused shockwaves amongst Venezuela’s citizens, who have widely rejected any IMF involvement in the country’s economics. The fund is largely held responsible by citizens for the country’s debt crisis in the 1980s, the economic turmoil of the 1990s, as well as for the riots known as the Caracazo in 1989 which led to widespread police repression and thousands of killings.  The IMF’s poisonous legacy in the country has led the country’s political opposition to distance itself publicly from the organisation. Nonetheless, its spokespeople have been consistently linked to the ill reputed fund over the past fifteen years of leftist government.  Earlier in February 2015, the political opposition led by Leopoldo Lopez, Maria Corina Machado and Antonio Ledezma, released a “Call for a National Transition Agreement” just days before the national government reported that it had uncovered plans for an attempted coup amongst the airforce.  “The Call for a National Transition” contained a number of points orientating the politics of a transitional regime in Venezuela, including selling off national public enterprises and the input of “international financial organisations”. 

Speaking to Germany’s Der Spiegel magazine in July 2015, Assange suggested that institutions within the international relations discipline have failed to understand the intersection between current geopolitical and technological developments. Specifically, Assange charged that the US journal International Studies Quarterly (ISQ), published by the prestigious International Studies Association (ISA), would not accept manuscripts based on WikiLeaks’ material. Professor of international politics Daniel W. Drezner hit back on July 30 in The Washington Post, arguing that there were other explanations for why the journal was not publishing WikiLeaks’ material. However, he did concede that it is possible that the “structural forces” opposing WikiLeaks were so powerful that a scholar would eschew WikiLeaks’ publications for “fear of being blackballed”. For the thousands of undergraduate to PhD students, fellows and academic researchers facing a precarious employment market, self-censorship for fear of freezing one’s career is not unlikely. One publicised incident from November 2010 concerning the office of career services at Columbia University’s School of International and Public Affairs (SIPA), which according to The New York Times “grooms future diplomats”, provides the perfect illustration. That year the office sent an email to students warning them against commenting on or posting WikiLeaks’ documents on social media because “engaging in these activities would call into question your ability to deal with confidential information, which is part of most positions with the federal government”. The warning came to the office through a SIPA alumnus working at the State Department.

Years later, the tone of the warning continued to reverberate through the halls of one of the most reputable universities in the world. In documenting human rights abuses in June 2013 a Columbia University graduate class produced the anonymous academic paper “WikiLeaks and Iraq Body Count: the sum of parts may not add up to the whole — a comparison of two tallies of Iraqi civilian deaths”. The acknowledgements section of their report refers to the 2010 warning email and states that in light of that email it would be “unwise and perhaps unethical to acknowledge all the participating students by name”. Others participating in a peer-review process have cited additional factors curtailing their use of comprehensive and illuminating WikiLeaks publications. Former US presidential candidate for the Green Party Cynthia McKinney, for example, says that she was forced to scrub her PhD dissertation from any reference of WikiLeaks material. However Drezner, who is an ISA member and on the ISQ’s web advisory board, claims that WikiLeaks’ published diplomatic cables “are not nearly as significant as Assange believes” and that the “academic universe is indifferent to WikiLeaks”. A surprising claim, given that international human rights courts have not been indifferent to evidence derived from WikiLeaks’ published cables, including cables that show the insidious ways in which European officials attempt to conceal CIA torture in secret prisons.

To help address the gap in scholarly analysis of the more than 2 million US diplomatic cables and State Department records published by WikiLeaks since 2010, WikiLeaks has produced a new book, The WikiLeaks Files: The World According to US Empire, published September 7, 2015. The book brings together journalists, researchers and experts on international law and foreign policy to examine the current cables and records. The documents are extensive. They expose US efforts —  across Bush and Obama administrations — to use bribes and threats to keep the US protected from facing war crimes allegations, conveying the fading effervescence of concepts such as “international justice” or “rule of law” in the face of a superpower that clearly believes that “might makes right”. Analysts review the efforts US diplomats take to maintain ties with dictators. They examine the meaning of human rights in the context of a global “War on Terror”. Like the cables they seek to illuminate, the 18 chapters of the book touch upon most major regions of the world. Experts on US foreign policy such as Robert Naiman, Stephen Zunes and Gareth Porter examine cables that reveal US meddling in Syria, US acceptance of Israeli violations of international law, and how the US dealt with the International Atomic Energy Agency in relation to Iranian nuclear development. The book offers a user guide written by WikiLeaks’ investigations editor Sarah Harrison on how to research WikiLeaks’ cables including meta data and content.

ECCHR’s legal intervention filed with the German Federal Public Prosecutor (Generalbundesanwalt – GBA) is aimed at securing an arrest warrant for CIA Deputy Director Gina Haspel. Haspel was appointed to the post by President Donald Trump in February 2017. The information submitted to the GBA by ECCHR on 6 June 2017 documents Haspel’s role in the torture of detainees in 2002 at a secret CIA prison in Thailand. In the dossier, ECCHR argues that Haspel oversaw the daily torture of detainees at the black site in 2002 and failed to do anything to stop it.  “Those who commit, order or allow torture should be brought before a court – this is especially true for senior officials from powerful nations,” said ECCHR’s General Secretary Wolfgang Kaleck. “The prosecutor must, under the principle of universal jurisdiction, open investigations, secure evidence and seek an arrest warrant. If the deputy director travels to Germany or Europe, she must be arrested.”

The new CIA director Gina Haspel is well known for actively directing and participating in the torture of prisoners at 'black sites': Beyond all that, she played a vital role in the destruction of interrogation videotapes that showed the torture of detainees both at the black site she ran and other secret agency locations. The concealment of those interrogation tapes, which violated multiple court orders as well as the demands of the 9/11 commission and the advice of White House lawyers, was condemned as “obstruction” by commission chairs Lee Hamilton and Thomas Keane. Haspel would be in jail if former president Barack Obama had not decided against prosecuting the CIA torture crimes. Torturing prisoners is a war crime. Obstruction of courts and destruction of evidence are likewise crimes.