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Paul Merrell

U.S. First Shields Its Torturers and War Criminals From Prosecution, Now Officially Hon... - 0 views

  • As vice president, Dick Cheney was a prime architect of the worldwide torture regime implemented by the U.S. government (which extended far beyond waterboarding), as well as the invasion and destruction of Iraq, which caused the deaths of at least 500,000 people and more likely over a million. As such, he is one of the planet’s most notorious war criminals. President Obama made the decision in early 2009 to block the Justice Department from criminally investigating and prosecuting Cheney and his fellow torturers, as well as to protect them from foreign investigations and even civil liability sought by torture victims. Obama did that notwithstanding a campaign decree that even top Bush officials are subject to the rule of law and, more importantly, notwithstanding a treaty signed in 1984 by Ronald Reagan requiring that all signatory states criminally prosecute their own torturers. Obama’s immunizing Bush-era torturers converted torture from a global taboo and decades-old crime into a reasonable, debatable policy question, which is why so many GOP candidates are now openly suggesting its use.
  • But now, the Obama administration has moved from legally protecting Bush-era war criminals to honoring and gushing over them in public. Yesterday, the House of Representatives unveiled a marble bust of former Vice President Cheney, which — until a person of conscience vandalizes or destroys it — will reside in Emancipation Hall of the U.S. Capitol. At the unveiling ceremony, Cheney was, in the playful words of NPR, “lightly roasted” — as though he’s some sort of grumpy though beloved avuncular stand-up comic. Along with George W. Bush, one of the speakers in attendance was Vice President Joe Biden, who spoke movingly of Cheney’s kind and generous soul
  • Yesterday, the U.S. government unambiguously signaled to the world that not only does it regard itself as entirely exempt from the laws of wars, the principal Nuremberg prohibition against aggressive invasions, and global prohibitions on torture (something that has been self-evident for many years), but believes that the official perpetrators should be honored and memorialized provided they engage in these crimes on behalf of the U.S. government. That’s a message that most of the U.S. media and thus large parts of the American population will not hear, but much of the world will hear it quite loudly and clearly. How could they not?
Gary Edwards

Impeach Judge James Robart for violating sovereignty and Constitution - 0 views

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    "It's still hard to believe we now live in a country where a district judge can demand that we bring in refugees from state sponsors of terror and failed states saturated with terrorists and no data systems during a time of war. It's almost unfathomable that a district judge, an institution created by Congress, can overturn long-standing refugee law and bar the federal government from prioritizing persecuted religious minorities for refugee resettlement. All in contravention to statute, numerous clauses of the Constitution, the social contract, the social compact, popular sovereignty, jurisdictional sovereignty, and 200 years of case law. If Obergefell redefined the building block of all civilization, Judge James Robart's ruling redefined the building block of a sovereign nation. It's hard to comprehend a judicial opinion more divorced from our Constitution, sovereignty, fundamental laws, founding values, history, and tradition. It's also hard to imagine an opinion that is of greater consequence - unless it is ignored. In the long run, Congress must strip the federal judiciary of their power grab and restore Congress' plenary power over immigration, as it was since our founding. However, in the meantime, it's time to make impeachment great again. Impeachment was a critical check on abuse of power   Before the growth of political parties killed the separation of powers, the tool of impeachment was regarded by our founders as one of the most effective ways of checking the executive and judicial branches of government. By my count, impeachment is referenced 58 times in the Federalist Papers and countless times during the Constitutional Convention. Impeachment [U.S.CONST. art. II, §4] was not only reserved for those who engage in criminal behavior. It was clearly designed to check abuse of power. As the Congressional Research Service observes, Congress has identified "improperly exceeding or abusing the powers of the office" as a criterion for
Paul Merrell

U.S. Congresswoman: CIA Must Stop Illegal, Counterproductive War to Overthrow Assad - Y... - 0 views

  • Tulsi Gabbard - a Democrat from Hawaii and member of the Armed Services Committee - demonstrates great knowledge and courage to go against the grain in the US and explain the Syria situation along with Russian and US roles the way it is. Speaking with Wolf Blitzer on CNN, Tulsi explains why the US allying with Islamist extremists to overthrow Syrian President Assad is an illegal, counterproductive war that will cause even more human misery in the region and help ISIS and other Islamist extremists take over all of Syria. Instead of once again being distracted by trying to get rid of a secular dictator, Tulsi explains, the US must stay out of counter productive wars and focus on defeating the Islamist extremists who have declared war on America.
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    A member of Congress, Rep. Tulsi Gabbard (D-Hawaii) brands the U.S. efforts to overthrow the Assad Syrian government as illegal and calls for its end. Gabbard also makes the point that U.S. arms shipments are winding up in the hands of jihadi elements in Syria.  In her charge of illegality, Gabbard relies on the lack of Congressional authorization for a war against Syria. But she might also have relied on the even stronger ground that it is a war of aggression, the "supreme" war crime under Nuremburg Principles, U.N. Charter, and "customary" international law. "Customary international law" is international legal principles that are so firmly established that all nations -- regardless of whether they have ratified relevant treaties -- are subject to them. Customary international law was the basis for the Nuremburg Principles that enabled prosecution and punishment of Nazi war criminals even though Nazi Germany had withdrawn from relevant treaties.
Paul Merrell

Colombia A Banana Republic No More? Chiquita, Dole and Del Monte Face Charges for Crime... - 0 views

  • Several companies including Chiquita, Dole and Del Monte may face charges for crimes against humanity and possibly war crimes-related charges in Colombia as part of the country’s transitional justice system and peace accord between the State and the FARC-EP.
  • The office of Colombia’s Prosecutor General announced that all companies who financed paramilitary death squads in Colombia’s banana-growing regions will face charges for crimes against humanity. The charges will be brought before the transitional justice system that seeks justice for the 8 million victims of Colombia’s 52-year war, the majority of whom fell victim to paramilitary groups financed and supported by politicians and businesses. The prosecution decision to include the prosecution of private companies under the provisions of the peace accord between the Revolutionary Armed Forces of Colombia – People’s Army (FARC-EP) and the State is unprecedented and may, according to many analysts contribute to much-needed systemic changes which are a precondition for a socially just peace. About 200 companies will be facing charges for financing death squads. Among them are the Colombian subsidiary of Chiquita, as well as other multinationals including Dole and Del Monte. The companies will among others face charges for sponsoring the notorious “Bananero-Block” and the ultra-right-wing AUC. The Bananero Block was led by “HH,” Raul Hasbun and Carlos Castaño who would become the leader of paramilitary umbrella organization AUC.
Gary Edwards

You Won't BELIEVE What's Going On with Government Spying on Americans - BlackListedNews... - 1 views

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    "New Revelations Are Breaking Every Day" This web page is very well sourced and filled with links where you will get lost for hours. Excellent reference document ............................ Revelations about the breathtaking scope of government spying are coming so fast that it's time for an updated roundup: - Just weeks after NSA boss Alexander said that a review of NSA spying found not even one violation, the Washington Post published an internal NSA audit showing that the agency has broken its own rules thousands of times each year - 2 Senators on the intelligence committee said the violations revealed in the Post article were just the "tip of the iceberg" - Glenn Greenwald notes:  "One key to the WashPost story: the reports are internal, NSA audits, which means high likelihood of both under-counting & white-washing".(Even so, the White House tried to do damage control by retroactively changing on-the-record quotes) - The government is spying on essentially everything we do. It is not just "metadata" … although that is enough to destroy your privacy - The government has adopted a secret interpretation of the Patriot Act which allows it to pretend that "everything" is relevant … so it spies on everyone - NSA whistleblowers say that the NSA collects all of our conversations word-for-word - It's not just the NSA … Many other agencies, like the FBI and IRS - concerned only with domesticissues - spy on Americans as well - The information gained through spying is shared with federal, state and local agencies, and they are using that information to prosecute petty crimes such as drugs and taxes.  The agencies are instructed to intentionally "launder" the information gained through spying, i.e. to pretend that they got the information in a more legitimate way … and to hide that from defense attorneys and judges - Top counter-terror experts say that the government's mass spying doesn't keep us
Paul Merrell

UK referred to International Criminal Court for war crimes in Iraq - World Socialist We... - 0 views

  • International Criminal Court (ICC) prosecutor, Fatou Bensouda, has accepted the complaint lodged in January alleging that UK military personnel committed war crimes against Iraqis in their custody between 2003 and 2008. She has ordered a preliminary investigation. It is the first step into a possible criminal prosecution against Britain’s political and military leaders, including politicians, senior civil servants, lawyers, Chief of Defence Staff and Chief of Defence Intelligence, who bear ultimate responsibility for systematic abuse of detainees in Iraq. This is the first time the ICC in The Hague has opened an enquiry into a Western state. Almost all of the ICC’s indictees have been African heads of state or officials.
  • Bensouda’s decision flows from an official complaint by the British Public Interest Lawyers (PIL) and the European Centre for Constitutional and Human Rights (ECCHR) last January. Their 250-page submission, the most detailed ever submitted to the ICC on war crimes committed by British forces in Iraq, took years to compile. It documented the new facts and additional evidence that had become available since the initial complaint in 2006.
  • The list of the most serious allegations is damning. They include the use of sensory deprivation and isolation, food and water deprivation, the use of prolonged stress positions, the use of the “harshing” technique which involves sustained aggressive shouting in close proximity to the victim, a wide range of physical assault, including beating, burning, electrocution or electric shocks, both direct and implied threats to the health and safety of the detainees and/or friends and family, including mock executions and threats of rape, death, torture, indefinite detention and violence.
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  • There are claims that British personnel used environmental manipulation such as exposure to extreme temperatures, forced exertion, cultural and religious humiliation. Other allegations referred to a wide range of sexual assaults and humiliation including forced nakedness, sexual taunts and attempted seduction, touching of genitalia, forced or simulated sexual acts, and forced exposure to pornography and sexual acts between soldiers. In all, the victims made thousands of allegations of mistreatment that amount to war crimes: torture, inhuman or degrading treatment as well as the deliberate infliction of grievous suffering and/or serious injury. They were not dissimilar from those of the infamous US torture at Abu Ghraib prison. The sheer scale of the crimes, committed repeatedly at numerous sites and over a long period, testify to the systematic use of illegal methods of detention and interrogation, sanctioned at the top of the military and political chain.
  • UK military commanders “knew or should have known” that forces under their control “were committing or about to commit war crimes,” but failed to act. “Civilian superiors knew or consciously disregarded information at their disposal, which clearly indicated that UK services personnel were committing war crimes in Iraq.” PIL and ECCHR specifically called for Britain’s most senior army personnel and politicians, including former Secretaries of State for Defence Geoffrey Hoon, John Reid, Des Browne and John Hutton and Ministers of State for the Armed Forces Personnel Adam Ingram and Bob Ainsworth as officials who should have to answer claims about the systematic use of torture and cruelty.
Paul Merrell

Exclusive: As Saudis bombed Yemen, U.S. worried about legal blowback | Reuters - 0 views

  • The Obama administration went ahead with a $1.3 billion arms sale to Saudi Arabia last year despite warnings from some officials that the United States could be implicated in war crimes for supporting a Saudi-led air campaign in Yemen that has killed thousands of civilians, according to government documents and the accounts of current and former officials.State Department officials also were privately skeptical of the Saudi military's ability to target Houthi militants without killing civilians and destroying "critical infrastructure" needed for Yemen to recover, according to the emails and other records obtained by Reuters and interviews with nearly a dozen officials with knowledge of those discussions.U.S. government lawyers ultimately did not reach a conclusion on whether U.S. support for the campaign would make the United States a "co-belligerent" in the war under international law, four current and former officials said. That finding would have obligated Washington to investigate allegations of war crimes in Yemen and would have raised a legal risk that U.S. military personnel could be subject to prosecution, at least in theory.
  • For instance, one of the emails made a specific reference to a 2013 ruling from the war crimes trial of former Liberian president Charles Taylor that significantly widened the international legal definition of aiding and abetting such crimes.The ruling found that "practical assistance, encouragement or moral support" is sufficient to determine liability for war crimes. Prosecutors do not have to prove a defendant participated in a specific crime, the U.N.-backed court found.Ironically, the U.S. government already had submitted the Taylor ruling to a military commission at Guantanamo Bay, Cuba, to bolster its case that Khalid Sheikh Mohammed and other al Qaeda detainees were complicit in the Sept 11, 2001 attacks.The previously undisclosed material sheds light on the closed-door debate that shaped U.S. President Barack Obama’s response to what officials described as an agonizing foreign policy dilemma: how to allay Saudi concerns over a nuclear deal with Iran - Riyadh's arch-rival - without exacerbating a conflict in Yemen that has killed thousands.The documents, obtained by Reuters under the Freedom of Information Act, date from mid-May 2015 to February 2016, a period during which State Department officials reviewed and approved the sale of precision munitions to Saudi Arabia to replenish bombs dropped in Yemen. The documents were heavily redacted to withhold classified information and some details of meetings and discussion.(A selection of the documents can be viewed here: tmsnrt.rs/2dL4h6L; tmsnrt.rs/2dLbl2S; tmsnrt.rs/2dLb7Ji; tmsnrt.rs/2dLbbIX)
  • In a statement issued to Reuters before Saturday's attack, National Security Council spokesman Ned Price said, "U.S. security cooperation with Saudi Arabia is not a blank check. ... We have repeatedly expressed our deep concern about airstrikes that allegedly killed and injured civilians and also the heavy humanitarian toll paid by the Yemeni people."The United States continues to urge the Kingdom to take additional steps to avoid "future civilian harm," he added.
Paul Merrell

Republican Presidential Hopeful Says There's No Such Thing As A War Crime | ThinkProgress - 0 views

  • Ben Carson, who is considering mounting a campaign for the 2016 GOP presidential nomination, said Monday that the United States should not hesitate to put boots on the ground to defeat the Islamic State — and that they should be free to fight them without any fear of prosecution for their actions whatsoever. In a Fox News interview, Carson offered a broad criticism President Obama’s handling of national security. Asked how he would take on ISIS were he president, the neurosurgeon voewed he would “not hesitate to put boots on the ground.” He then suggested that the military should not be micromanaged or subject to any war crimes law: CARSON: Our military needs to know that they’re not gonna be prosecuted when they come back, because somebody has, said “You did something that was politically incorrect.” There is no such thing as a politically correct war. We need to grow up, we need to mature. If you’re gonna have rules for war, you should just have a rule that says no war. Other than that, we have to win. Our life depends on it.
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    Sounds like a neurosurgeon in drastic need of neurosurgery. 
Paul Merrell

U.S. AWOL soldier André Shepherd: European Court of Justice Advocate General ... - 0 views

  • In the legal case of U.S. AWOL soldier André Shepherd (37) the European Court of Justice Advocate General, Eleanor Sharpton, today published her final opinion. This official statement contains guiding deliberations for the interpretation of the so-called Qualification Directive of the European Union. Amongst other considerations, these rules state that those endangered by prosecution or punishment for refusal to perform military service involving an illegal war or commital of war crimes, should be protected by the European Union. André Shepherd, former U.S. Army helicopter mechanic in the Iraq War, during leave in Germany, left his unit and in 2008, requested asylum in that country. 2011, the German Federal Office for Migration and Refugees refused Shepherd's application. Shepherd's resulting court action challenge resulted in the Munich Administrative Court's asking for the opinion of the European Court in Luxemburg on significant questions concerning the interpretation of the Qualification Directive. The Justice Advocate General came to the following conclusions:
  • - The protection guaranteed by the Qualification Directive is also applicable to soldiers not directly involved in combat, when their duties could support war crimes. The German Federal Office for Migration and Refugees has as yet failed to respect this definition. - Within the asylum application process, a deserter is not obliged to prove that he was or could be involved in war crimes, as the German Federal Office for Migration and Refugees required. Necessary is only the evidence of war crime probability, based on past occurrences. - Even a U.N. mandate for a war, in which the deserter was, or could have been involved, cannot serve as grounds for rejection of his rights as a refugee. - The deserter must prove that he either had already been involved in a military service refusal case, or that for concrete reasons, he could not take advantage of this right. - In deciding the question, whether the military service objector is a member of a social or ethnic group as defined within the framework of E.U. Refugee Rights, the national authority should not only consider the degree and importance of his convictions, but also the degree of discrimination experienced in his own country.
  • - The national authorities must investigate whether the asylum applicant's membership in a social or ethnic group could in probability lead to discriminative treatment as the result of a military court action or even dishonorable discharge.
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    Big one from the Advocate Genereral of the European Court of Justice. The Court nearly always follows the opinion of the Advocate General. So members of the U.S. military may soon be able to desert the U.S. armed forces and find refuge in the E.U., free from fear of extradition by the U.S.   The Court's press release is here. http://goo.gl/nvKpfN (.) That page includes a link to the court's docket where the Advocate General's opinion is found and where the Court's judgment will appear when delivered.
Paul Merrell

The Torture Chronicle | The American Conservative - 0 views

  • If there is one word missing from the United States government’s post-9/11 lexicon it is “accountability.” While perfectly legal though illicit sexual encounters apparently continue to rise to the level of high crimes and misdemeanors, leading to resignations, no one has been punished for malfeasance, torture, secret prisons, or extraordinary renditions. Indeed, the Obama administration stated in 2009 that it would not punish CIA torturers because it prefers to “look forward and not back,” a decision not to prosecute that was recently confirmed by Attorney General Eric Holder in two cases involving the deaths of detainees after particularly brutal Agency interrogations. What the White House decision almost certainly means is that the president would prefer to avoid a tussle with the Republicans in congress over national security that would inevitably reveal a great deal of dirty laundry belonging to both parties.
  • The bipartisan willingness to avoid confrontation over possible war crimes makes the recently completed 6,000 page long Senate Intelligence Committee report on CIA torture an extraordinary document. Though it is still classified and might well never see the light of day even in any sanitized or bowdlerized form, its principal conclusions have been leaking out in the media over the past two weeks. It directly addresses the principal argument that has been made by Bush administration devotees and continues to be advanced regarding the CIA torture agenda:  that vital information obtained by “enhanced interrogation techniques” led to the killing of Osama bin Laden. According to the report, no information obtained by torture was critical to the eventual assassination of the al-Qaeda leader, nor has it been found to be an indispensable element in any of the other terrorism cases that were examined by the Senate committee.
  • What exactly does that mean? It means that torture, far from being an essential tool in the counter-terrorism effort, has not provided information that could not be obtained elsewhere and using less coercive methods. Senator Diane Feinstein, who sits on the Senate Intelligence Committee and has had access to the entire classified document, elaborated, explaining that the investigation carried out by the Senate included every detainee held by CIA, examining “the conditions under which they were detained, how they were interrogated, the intelligence they actually provided and the accuracy or inaccuracy of CIA descriptions about the program to the White House, Department of Justice, Congress and others.” It “uncovers startling details about the CIA detention and interrogation program…” The report has 35,000 footnotes and investigators perused 6 million pages of official records, which is why it has taken more than two years to produce. The Senate inquiry’s conclusions inevitably lead to the assumption that there has been a whole lot of lying and obfuscation going on in connection with the so-called war on terror.
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  • There are also other good reasons to oppose torture and torture by proxy through CIA rendition. Most people and governments worldwide believe that torture is immoral, a view that is generally shared by most Americans. Legally there is also a long tradition condemning torture. German and Japanese officers were executed after the Second World War for torturing prisoners and the principle was firmly established that torture, specifically including waterboarding, is a war crime. The US is signatory to the UN’s anti-torture convention and both the United States Code and specific acts of congress require prosecution of any government employee engaging in such activity. In practical terms, torture also opens up a door that should never be opened by anyone who genuinely cares about US soldiers, diplomats, and intelligence officers stationed at their peril around the world. To put it succinctly, if we do it to them, they will do it to us.
  • Torture advocates have assiduously cultivated a number of myths, most prominent of which is the “ticking time bomb.” This is a particular favorite of the redoubtable Alan Dershowitz and a number of prominent neocons. It goes like this – a terrorist is captured who has knowledge of an impending attack on a major civilian target, but he won’t cooperate. How to get the information?  Simple. Get an accommodating judge to issue a legal finding that enables you to torture him until he talks, thereby saving lives of innocent civilians. The only problem with the Dershowitz narrative is that there has never been an actual ticking time bomb. No terrorist has ever been captured, subjected to torture, and provided information that foiled an attack, not even in Israel where routine torture of suspected terrorists captured in flagrante used to be the case (but is now illegal). Advocating a policy of torture, with all that entails, based on a “what if” is fighting evil with more evil, not a solution.
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    The "ticking time bomb" justification for extraordinary rendition and torture holds no water under the U.S. Constitution. Consider the situation of a person suspected of kidnapping a child who may still be alive; might government lawfully discard the suspect's right to remain silent, the presumption of innocence, and the right to trial by jury in order to torture the suspect for information about the child's whereabouts? Our Constitution commands otherwise. 
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

The International Criminal Court (ICC) Will Not Prosecute Tony Blair, Others Are Planni... - 0 views

  • Whilst any British or US soldier responsible for the litany of appalling crimes committed in Iraq should be pursued relentlessly – which has broadly been less than the case to date – the ultimate responsibility for the whole tragic disaster for which both countries’ leaders and military brass will surely be haunted throughout history, lies with those at the political top. Their blatant mistruths led to the invasion and its bloody, inhuman, ignorant, culturally clueless, unending aftermath. Of the ICC decision, Reg Keys, who stood against Blair in the 2005 election and whose twenty year old son, Tom was killed in Iraq said: “It makes me very angry. They don’t call him Teflon Tony for nothing.” However, Anthony Charles Linton Blair, QC, will still have to spend a lot of time looking over his shoulder. In what the Daily Mail describes as: “a dramatic attempt to impeach Tony Blair for misleading Parliament over the Iraq war”, a cross party group of MPs are building support: “for an attempted prosecution of the former Prime Minister”, after Wednesday’s publication of the Inquiry’s findings. (2) The MPs are using an ancient parliamentary power, unused since 1806 to bring Blair to trial in Parliament. The groups charge is that: “he should be impeached over allegations (that) he breached his constitutional duties as Premier.” His pivotal claims regarding Iraq’s weapons of mass destruction – which, he had asserted, could reach the West “in 45 minutes” had been “contradicted by his own intelligence (agencies) assessments”, points out the Mail. A parliamentary source told the Mail: “Impeachment is on our minds, but we will need to digest the Report.
  • There is definitely a feeling that Blair must be properly held to account for his actions in the run up to what was a disastrous war.” Not so much a war but the near annihilation of a sovereign nation without even the minimal wherewithal of self defense, many will reflect. If the impeachment attempt is approved by MPs, the defendant is delivered the top parliamentary ceremonial official, known as Black Rod, ahead of a trial. “A simple majority is required to convict, at which point a sentence can be passed, which could, in theory, involve Mr. Blair being sent to prison.” The MPs are not alone in their potential plans. Whatever the Chilcot Report may lack in judgmental findings, it will deliver to relevant legal experts a wealth of potential for civil litigation against all responsible for crimes against sovereignty, humanity, the peace – and what many will argue has been genocide. The Chilcot Inquiry is 2.6 million words. Many figures show that between the embargo, the 1991 desert slaughter, the silent holocaust of the residual deaths from the Depleted Uranium weapons (radioactive residue 4.5 million years) and the 2003 invasion – massacres ongoing -that may represent less than one word for every Iraqi death.
Paul Merrell

ICC Prosecutors: US Likely Committed War Crimes In Afghanistan - 0 views

  • Prosecutors from the International Criminal Court (ICC) today revealed that the results of a preliminary probe have suggested the US likely committed war crimes during the occupation of Afghanistan, saying that the probe suggested troops and the CIA tortured at least 61 detainees. The United States has made a point of not becoming a member of the ICC specifically to try to prevent American personnel from facing legal repercussions for war crimes. The ICC, however, has jurisdiction in this case because Afghanistan is a member, and the torture happened on Afghan soil. The report said the evidence suggests the torture was not the abuses of a few isolated individuals, but rather part of a systematic US approach of mistreating detainees to try to extract “actionable intelligence” from them. The report added that secondary investigations are also ongoing related to CIA torture in Poland, Romania, and Lithuania. Such preliminary probes are obviously just the first step, and are meant to determine if there is enough evidence and a legal basis for jurisdiction to launch a full-scale investigation. While Afghanistan obviously gives them jurisdiction, it isn’t clear if they will move forward. That’s because the ICC would also have to establish that the war criminals are not being prosecuted for their crimes at home, and they are still seeking to get all the details of all the court-martial cases and the like the US has conducted. Even then, the ICC has never gone on to launch a full investigation in anyplace but Africa so far, and the international body may be loathe to move from prosecuting Tuareg rebels in Mali to trying to go after CIA torture-masters.
Paul Merrell

Growing boycott will "hit each of us in the pocket" warns Israel finance minister | The... - 0 views

  • Israeli finance minister Yair Lapid has become the latest senior official to warn about the serious impact of growing boycott, divestment and sanctions (BDS) campaigns targeting Israel. “The world seems to be losing patience with us,” Lapid told the Hebrew edition of Ynet on 10 January.
  • Lapid, leader of the Yesh Atid faction, is the senior coalition partner of Israeli Prime Minister Benjamin Netanyahu.
  • Lapid added: “We have formulated complete scenarios as to what will happen if the boycott continues and exports are hurt. In all scenarios, things do not look good. The status quo will hit each of us in the pocket, will hurt every Israeli. We are export-oriented, and this [export trade] depends on our global standing.” Lapid was particularly concerned about further announcements by Israel of new tenders for houses in illegal Jewish-only colonies in the occupied West Bank. Lapid’s frank comments come just days after Dutch pensions giant PGGM took the unprecedented decision to divest from all Israeli banks because of their role in the colonization program.
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  • Lapid, an alleged “centrist” who has habitually made anti-Arab comments, joins other senior politicians who have warned about the looming threat of boycott. Recently, the chair of the governing coalition’s Habayit Hayehudi party said that boycott was the “greatest threat” Israel faced. Justice minister and war crimes suspect Tzipi Livni also warned that “The boycott is moving and advancing uniformly and exponentially … Those who don’t want to see it, will end up feeling it.”
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    This is the largest part of the real back story on John Kerry's feverish effort to negotiate a two-state solution to the Israel-Palestine apartheid problem. The Palestinian Boycott, Divestment, and Sanctions ("BDS") movement against Israel is growing rapidly, nearly doubling the rate of growth of the former BDS movement that successfully ended apartheid government of South Africa.   Israel has become a pariah state diplomatically because of its war crimes against Palestinians and because of BDS, is increasingly becoming a pariah state economically. At the same time, Israel has illegally colonized Palestine to the extent that a 2-state solution is all but impossible, meaning that the most likely outcome is that Israel will cease being the "Jewish State" and be forced to grant equality to Palestinians as well in a new secular government. The situation became all the more dire for Israel as the "Jewish State" when the U.N. General Assembly granted Palestine observer state status, opening the way for Palestine to, e.g., pursue criminal prosecution of Israeli leaders for war crimes before the International Criminal Court.  That has dramatically increased the Palestinian Authority's leverage in negotiations. Kerry is on a rescue mission to see if he can coerce the Palestinian Authority to cede sufficient land and powers to Israel to make a 2-state solution credible. Kerry's leverage is that the U.S. has been underwriting the Palestinian Authority's expenses and can threaten to withdraw the financial support.  All of which brings it down to the question of Palestinian Authority leadership corruption. If the PA stands tall and refuses to accept Kerry's ridiculous demands, there will almost certainly be no 2-state solution, ever, because Israel continues to colonize Palestine and has locked up most of Palestine's water resources. Further colonization means still less water for an "independent" Palestine state. The Palestine Authority, on the other hand, suffered f
Paul Merrell

The UN Congo Offensive: A Continent Betrayed | nsnbc international - 0 views

  • On January 5, 2015 the United Nations announced that offensive operations by its forces, known as MONUSCO, along with Congolese army elements, are being prepared against the Democratic Forces For the Liberation of Rwanda (FDLR) based in the east of the Republic of Congo (DRC). This follows a Security Council statement of October 3, 2014 calling for the neutralization of the FDLR if they did not surrender, which itself followed a demand by the International Conference of the Great Lakes Region, and the South African Development Community made on July 2nd last year that the FDLR demobilise.
  • The Security Council “rejected any call for political dialogue” and went on to call the FDLR a group of war criminals. This rejection of dialogue based on a false characterization of the FDLR and on a false history of the events in Rwanda and central Africa for the past twenty years is itself a violation of Chapter 1, Article 1 of the UN Charter that states that the purposes of the United Nations are to “maintain peace and security …and to bring about by peaceful means…settlement of international disputes or situations which might lead to a breach of the peace.” It is also surprising since the UN’s own Mapping Exercise Report of 2010 which examined crimes against humanity and war crimes committed against Hutu refugees in the DRC between 1996 and 2003 described countless mass atrocities and massacres of those refugees by Rwandan, Burundian, Ugandan and allied forces, amounting to genocide against the Hutus. Those massacres have not stopped since 2003 as several proxy forces of the Rwandans and Ugandans, using various names, and claiming to be Congolese rebels, have continued attacks on Hutus in the DRC as well as on Congolese who got in the way of their objective of looting the resources of the region.
  • The FDLR is the only force trying to protect Hutu refugees in the DRC from being totally exterminated by the Rwandan and Ugandan forces, the same forces that attacked and pillaged Rwanda between 1990 and 1994 and that have slaughtered several million more Hutus and Congolese since. Because the FDLR is the only effective armed political opposition to the military dictatorship of Paul Kagame and his Rwandan Patriotic Front (RPF), it is a clear threat to the countries that have mining and resource interests in the DRC and who have been using Uganda and Rwanda as local enforcers to carry out their effective division of the country that makes it easier to control and exploit those resources. All the countries in the pan-African groups that called for the demobilisation of the FDLR have interests in the resources of the Congo region. All have an interest in continued war in the DRC, its continued division and weakness, and the destruction of any effective opposition to the forces assigned the role of carrying out that policy. This includes the DRC itself whose President, Joseph Kabila, is known to be a partner and agent of Kagame and rules the DRC not in the interests of the Congolese but in the interests of Kagame, Musuveni and their western masters.
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  • But then the UN has a lot to cover up. There was heartrending testimony by Hutu witnesses at the ICTR Military II trial describing the flight of 2 to 3 million Hutu refugees fleeing with the retreating Rwandan Armed forces into Zaire in July 1994, pursued by RPF units intent on exterminating them. The Rwandan government armed forces, disarmed by Congolese forces when they crossed the border, were unable to protect these Hutu refugees when, in 1996, and subsequently, the Rwandans and Ugandans attacked the Hutu refugee camps killing hundreds of thousands of unarmed civilians. The survivors were either forced into the forest or forced to return to Rwanda at gunpoint, on UN planes, only to be thrown into RPF prisons without charge, tortured, or killed en masse. Those who escaped through the forest told of being pursued day and night through thousands of kilometres of jungle and swamps by the RPF and stated that just before being shelled or attacked by those forces they saw spotter planes overhead with either US or UN markings. All the witnesses were consistent on this. Rwandan Army officers testified that they were surprised to see themselves under attack by UN forces in Kigali in support of the RPF in April 1994. A journalist testified that UN officers at Amohoro Stadium, in Kigali, where General Dallaire had his headquarters, stood by and did nothing as RPF soldiers, on a daily basis, selected Hutus seeking protection there, and shot them.
  • This pattern of UN complicity in the mass crimes committed by the RPF, Ugandan and allied western forces in the Rwandan war, has been followed ever since. The evidence is compelling that the CIA, US military forces, and UN peacekeeping forces in Rwanda in 1993-94, commanded by Canadian General Dallaire, were involved in helping the RPF overthrow the Rwandan interim government and in preparing the RPF’s final offensive launched on the night of April 6th when the Rwandan President’s plane was shot down by RPF missiles, killing two African heads of state, President Habyarimana of Rwanda and President Ntaryamira, of Burundi.
  • The Americans and British have been at the heart of the problem from 1990, when they supported the invasion of Rwanda by units of the Ugandan National Resistance Army (NRA), calling themselves the Rwandan Patriotic Front (RPF), and commanded by a senior ranking intelligence officer of the NRA, Paul Kagame. They supported 4 years of terrorist attacks against Hutus and local Tutsis by the RPF that included the attack on the town of Ruhengeri in February 1993 in which the RPF massacred 40,000 Hutu civilians before the government forces were able to recapture the town.
  • The ICTR prosecutor and the UNHCR also had in their possession a copy of a letter from Paul Kagame, written in August 1994, in which Kagame refers to a meeting with President Musuveni of Uganda and that their “plan for Zaire” was going forward, assisted by the Americans, British, and Belgians. The letter stated that the Hutus were in the way and must be removed at any cost. That letter says a lot and yet it was suppressed until 2009 when it was discovered in prosecution files. In fact that letter indicates that the wars in the DRC were planned long ago and the announcement of the new offensive against the FDLR is a continuation of that plan. Now the only force that exists to protect the Hutus, the FDLR, is going to be attacked again, by the UN. Once again, the Hutus are betrayed by the international community. The UN has lots of things to answer for in Rwanda and Congo and elsewhere and has long been used to further the interests of the west in Africa in general. That certain members of the Security Council, who should know better, go along with protecting those really responsible for the tragedy that is central Africa and Africa as a whole, and for the crimes committed there, is an indictment of the entire UN system.
  • It is ironic that on December 11, 2014th the UN general assembly voted to reopen the investigation into the death of the UN Secretary General Dag Hammarskjold who was killed in then Rhodesia when his plane went down near Ndola. The report of the investigative commission that examined new information stated that there is evidence that the plane was shot down by another aircraft and that the US and British and Belgian governments were likely involved. The death of Hammarskjold is intimately connected with the murder of Patrice Lumumba that led to the installation of Mobutu as President of Congo. We now know that the Rwanda war was the first phase of the greater war for control of the resources of the Congo basin, which was beginning to slip from the west, as Mobutu began to turn towards China. That long and terrible war is not over and it is the UN itself that wants to keep it going.
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    I've been hitting more and more information on the U.S., U.K. and Belgium's role in the infamous Hutu massacres in Rwanda and vicinity. Still ongoing. U.S. military forces in the area -- part of AFRICOM -- are ostensibly there to assist in fighting the "Christianist" Lord's Resistance Army.  
Gary Edwards

"High Crimes and Misdemeanors" - Tea Party Command Center - 0 views

  • high crimes and misdemeanors”
  • Officials accused of “high crimes and misdemeanors” were accused of offenses as varied as misappropriating government funds, appointing unfit subordinates, not prosecuting cases, not spending money allocated by Parliament, promoting themselves ahead of more deserving candidates, threatening a grand jury, disobeying an order from Parliament, arresting a man to keep him from running for Parliament, losing a ship by neglecting to moor it, helping “suppress petitions to the King to call a Parliament,” granting warrants without cause, and bribery. Some of these charges were crimes. Others were not. The one common denominator in all these accusations was that the official had somehow abused the power of his office and was unfit to serve.
  • Patriots plan for resisting the Globalist agenda: Develop Secure Community Co-ops (Interactive Neighborhood Watch on steroids).  Groups should be from about 5 to 15 people in the same general area, neighborhood.  All members should be conservative/responsible adults.Members should work at fortifying local, county and state govts. as well as joining Shrf. Reserve Forces (as long as the shrf. is an oathkeeper), Constitutional Sheriffs Assoc./ USCDA, State Militias, Constitutional Militias, etc.  Also,  should be involved in TP, 9-12, John Birch Soc., etc.SCC's should have a liason with other like-minded grps. in order to give/obtain support when needed.The states should and hopefully will be the first line of defense against an overreaching tyrannical govt.(Don't count on it if you are living in a Blue State)  Next, it would fall on the counties and local communities, working in concert with the various State Militia units, Co. Shrfs' Depts., Constitutional and SCC elements.  After that,  if needed,  Bug Out procedures should be implemented.  Hopefully, to safe areas.
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  • The Constitution defines treason in Article 3, Section 3, Clause 1: Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
  • In all the articles of impeachment that the House has drawn, no official has been charged with treason
  • What are “high crimes and misdemeanors”?
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    "The U.S. Constitution provides impeachment as the method for removing the president, vice president, federal judges, and other federal officials from office. The impeachment process begins in the House of Representatives and follows these steps: The House Judiciary Committee holds hearings and, if necessary, prepares articles of impeachment. These are the charges against the official. If a majority of the committee votes to approve the articles, the whole House debates and votes on them. If a majority of the House votes to impeach the official on any article, then the official must then stand trial in the Senate. For the official to be removed from office, two-thirds of the Senate must vote to convict the official. Upon conviction, the official is automatically removed from office and, if the Senate so decides, may be forbidden from holding governmental office again. The impeachment process is political in nature, not criminal. Congress has no power to impose criminal penalties on impeached officials. But criminal courts may try and punish officials if they have committed crimes. The Constitution sets specific grounds for impeachment. They are "treason, bribery, and other high crimes and misdemeanors." To be impeached and removed from office, the House and Senate must find that the official committed one of these acts. The Constitution defines treason in Article 3, Section 3, Clause 1: Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court."
Paul Merrell

Little consensus within administration on how to stop fall of Aleppo to Assad - The Was... - 0 views

  • There is no consensus within the administration about what the United States can or should do to try to bring a halt to the killing and stop what appears to be the increasingly inevitable fall of Aleppo, Syria’s largest city, to government forces.
  • But last Thursday, as the discussion moved up the chain to a contentious White House meeting of national security principals, top defense officials made clear that their position had not changed. They advised a possible increase in weapons aid to opposition fighters but said the United States should focus its own military firepower on the anti-Islamic State mission rather than risk a direct confrontation with Russia. Asked about the perception of a double shift, a senior defense official said the Pentagon’s position had not changed. “We still believe there are a number of ways to bolster the opposition and not compromise the anti-Islamic State mission,” this official said.
  • But others felt that they had been spun by the defense leadership. Amid increasing internal tension, one senior administration official insisted that both the Syrian opposition and U.S. allies have pressed for a continuation of negotiations and discouraged talk of military intervention. Obama’s position on the subject, this official said, has been “consistent. We do not believe there is a military solution to this conflict. There are any number of challenges that come with applying military force in this context.” In Obama’s recent speech at the United Nations, the official noted, Obama repeated that “there’s no ultimate military victory to be won” in Syria. Instead, Obama said, “we’re going to have to pursue the hard work of diplomacy that aims to stop the violence, and deliver aid to those in need, and support those who pursue a political settlement.” No proposals have been presented to Obama for a decision, and some in the administration think the White House is willing to let time run out on Aleppo, in part to preserve options for a new administration.
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  • De Mistura has predicted that if Russian and Syrian air attacks and artillery bombardment do not stop, the city will fall before the end of the year; the U.S. intelligence community assesses that it could be a matter of weeks.
  • An estimated 275,000 civilians, one-third of them children, and 10,000 rebels are surrounded in the eastern side of the city, now under constant aerial attack
  • While Aleppo is the proximate prize sought by the government and its Russian backers, at least 50,000 opposition fighters — many of whom owe their training, weapons and inspiration in large part to the United States — remain in pockets spread across western Syria. Many of those forces have been advised and supplied by the CIA, whose director, John Brennan, is said to favor military action or, at the very least, dispatching more and better weapons to the opposition, particularly if Aleppo is lost. That decision, which would allow the rebels to continue to fight a guerrilla war, or to defend those pockets of the country still in opposition hands, might not be the administration’s to make. Allied governments in the region, including Qatar, Turkey and, to a lesser extent, Saudi Arabia, have long advocated for increased support for the rebels and could decide on their own to send more sophisticated armaments — some of which, including shoulder-launched antiaircraft weapons, the United States has refused to make available on the grounds that they could end up in the wrong hands.
  • As they assess Russian President Vladi­mir Putin’s goals in Syria, intelligence officials think he is less interested in an outright military victory than in being able to set the terms for a settlement that ensures Assad’s survival. But at least in the short term, they believe, the big winner may be the Front for the Conquest of Syria, the al-Qaeda affiliate formerly known as Jabhat al-Nusra. The jihadist group, which U.S. officials have said is planning “external operations” against the United States, has grown in strength and respect as a formidable, well-equipped fighting force against Assad. While senior White House aides are said to be opposed to U.S. military action, one other official who is said to have argued in favor of a military response is Samantha Power, the U.S. ambassador to the United Nations,
  • Echoing the arguments for accountability in the book, “A Problem From Hell,” Kerry last week publicly called for Russia and Syria to be investigated for war crimes for the targeted killing of civilians and wanton destruction in Aleppo and beyond. On Friday, Moscow described Kerry’s call as “propaganda” and repeated its assertion that the United States, by failing to separate rebel forces from the targetable terrorists it insists control Aleppo, is to blame for the failure of the cease-fire. According to international-law experts, however, the likelihood of a war crimes prosecution of either country is virtually nonexistent. Neither Russia nor Syria belongs to the treaty-based International Criminal Court, and a referral to its jurisdiction would require a resolution by the U.N. Security Council, a body in which Russia holds a veto. At the same time, both the ICC and the International Court of Justice, the United Nations’ judicial branch, are designed to prosecute individuals rather than states.
  • “The law of war crimes is individual and personal,” said Kenneth Anderson, a law professor at American University. “Talk of war crimes trials by itself is not serious,” Anderson said. “It’s an evasion of policy by a state that does not want to have to respond to the concerted actions of another state, another two states.”
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    The WaPo statistics on the number of people surrounded in East Aleppo are way off. Most of the city is government controlled, but WaPo uses the city's entire population as the number of surrounded people. Best estimates for the number surrounded in the cauldron are in the neighborhood of 10,000 fighters and 20,000 of their camp followers. Let's hope that Obama has a sane moment and doesn't buckle to the chickenhawk pressure.
Paul Merrell

Dianne Feinstein, Strong Advocate of Leak Prosecutions, Demands Immunity For David Petr... - 0 views

  • David Petraeus, the person who Feinstein said has “suffered enough,” was hired last year by the $73 billion investment fund KKR to be Chairman of its newly created KKR Global Institute, on top of the $220,000/year pension he receives from the U.S. Army and the teaching position he holds at Harvard’s John F. Kennedy School of Government. Let us all pause for a moment to lament the deep suffering of this man, and the grave injustice of inflicting any further deprivation upon him. In 2011, I wrote a book, With Liberty and Justice for Some, that examined the two-tiered justice system prevailing in the U.S.: how the U.S. imprisons more of its citizens than any other country in the world (both in absolute numbers and proportionally) often for trivial transgressions, while immunizing its political and economic elites for even the most egregious crimes. Matt Taibbi’s book, The Divide, examines the same dynamic with a focus on the protection of economic elites and legal repression of ordinary citizens in the wake of the 2008 financial crisis. This latest example from Feinstein is one of the most vivid yet. She wanted Julian Assange – who isn’t even a U.S. citizen and never served in the U.S. Government – prosecuted for espionage for exposing war crimes, and demanded that Edward Snowden be charged with “treason” for exposing illegal eavesdropping which shocked the world. But a four-star general who leaked classified information not for any noble purpose but to his mistress for personal reasons should be protected from any legal consequences.
  • Long-standing mavens of DC political power literally believe that they and their class-comrades are too noble, important and elevated to be subjected to the rule of law to which they subject everyone else. They barely even disguise it any more. It’s the dynamic by which the Obama administration prosecuted leakers with unprecedented aggression who disclose information that embarrasses them politically while ignoring or even sanctioning the leaks of classified information which politically glorify them. It is, of course, inconceivable that someone like Dianne Feinstein would urge the release of ordinary convicts from prison on the ground that their actions are “in the past” or that they have “suffered enough.” This generous mentality of mercy, forgiveness and understanding - like Obama’s decree that we Look Forward, Not Backward to justify immunity for American torturers - is reserved only for political officials, Generals, telecoms, banks and oligarchs who reside above and beyond the rule of law.
Paul Merrell

War court judge orders Pentagon to replace USS Cole trial overseer | Miami Herald Miami... - 0 views

  • The military judge presiding at the USS Cole death-penalty trial ordered the Pentagon to replace the senior official and his staff overseeing the war-court process, ruling a since-revoked requirement for judges to live at Guantánamo until a trial is over appeared to be unlawful meddling.Air Force Col. Vance Spath, the judge, issued the ruling in court Monday following a week of hearings that showed behind-the-scenes planning at the Pentagon on how to perhaps replace military judges and speed along the pretrial process.Prosecutors defended the planning by the legal staff of the so-called convening authority for military commissions, retired Marine Maj. Gen. Vaughn Ary, as routine brainstorming on resourcing of the war court.Defense lawyers called the move-in order illegal, a crime in military justice called “unlawful command influence,” that was designed to unfairly rush the death-penalty trial of Saudi captive Abd al Rahim al Nashiri, 50, as the alleged mastermind the USS Cole bombing.
  • They wanted the judge to dismiss the case. But while Spath was still taking evidence, Deputy Secretary of Defense Robert O. Work quickly revoked the controversial order — meaning judges hearing war-crimes cases now may keep their prestigious regular duties and simultaneously preside at Guantánamo military commissions cases.Spath, in court Monday, called dismissal “not appropriate” in this instance. Instead, he disqualified Ary and four lawyers who worked on the move-in requirement: retired Army Col. Mark Toole, Army Reserves Lt. Col. Alyssa Adams, Navy Reserve Cmdr. Raghav Kotval, and Army Capt. Matthew Rich.He ordered the Pentagon to replace them in the USS Cole case — meaning a new convening authority would fund and assign Nashiri’s legal-team resources and pick the pool of military officers for his eventual jury.
  • Spath also cut an upcoming two-week pretrial hearing at Guantánamo back to just one week, he said, to demonstrate “this detailed trial judge feels no pressure to accelerate the pace of this litigation.”
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  • Monday, Spath bristled at the notion that pretrial hearings could be accelerated.“This is a complicated international terrorism case under a relatively new statutory scheme with an unprecedented amount of classified evidence,” he said.In last week’s hearings, Nashiri’s attorneys uncovered a plan to relieve Spath of his Guantánamo cases and leave him in his full-time duties as chief of the Air Force Judiciary — a behind-the-scenes development that Spath said was particularly troubling.Ary had staff crunch costs of conducting commuter hearings here at remote Camp Justice — flights, translators, etc. — and figured that 34 days of hearings in 2014 cost $2,294,117 million for each day the court was open. That works out to $458,823 an hour on mostly tangential pretrial issues — or $7,647 a minute. Staff also tallied how many hours each judge spent on the bench at Guantánamo.
  • Three judges are hearing three terror cases: ▪ Army Col. James L. Pohl, presiding in the Sept. 11 capital murder conspiracy trial of Khalid Sheik Mohammed and four alleged accomplices. He ruled without taking testimony last week that there was an appearance of unlawful interference. He had halted proceedings and threatened more action until the Pentagon revoked the move-in order.▪ Judge Spath in the USS Cole case, who said Monday that Work’s revocation of the relocation rule was not a sufficient remedy. He said the attempted effort of unlawful influence appeared to “cast a cloud” over the independence of the judiciary but did not succeed because he would allow no one to rush him. Ary’s role, he ruled, is to resource the judiciary — “most certainly not an entity that sets the pace of litigation.”▪ The non-capital prosecution of Abd al Hadi al Iraqi, who is accused of commanding al-Qaida forces that allegedly committed war crimes while resisting the 2001 U.S. invasion in Afghanistan. Hadi’s judge, Navy Capt. J.K. Waits, has listed the unlawful-influence question, and whether to dismiss the case, as first up on the docket of his next hearing, March 23.
  • Hadi’s lawyers were watching Spath’s decision to see what, if any, remedy they would seek from their Navy judge who is based in Naples, Italy, and commutes to Cuba to preside in the case.It was disclosed over the weekend that Waits has lifted an order on the prison forbidding female troops from touching Hadi, a development that, like the move-in order, had stirred controversy.Spath’s move rejecting a “convening authority” has precedent in the war court that President George W. Bush built and President Barack Obama reformed.In 2008, before the reforms, a Navy judge in the case of Osama bin Laden’s driver disqualified the then-military commissions legal adviser, Air Force Brig. Gen. Thomas W. Hartmann, as not being fair and balanced. The legal adviser in that version of the war court had some of the duties of the current convening authority.
Paul Merrell

Ex-envoy to US warns: There's no Iron Dome against Abbas's moves | The Times of Israel - 0 views

  • ASHINGTON — Hours after Palestinian Authority President Mahmoud Abbas convened a crisis meeting of the Palestinian leadership to get ready to apply for membership in the International Criminal Court, former Israeli ambassador to the United States Michael Oren warned that Abbas’s moves to penalize Israel through international organizations were a “strategic threat” for Israel. In contrast, he said Wednesday, continuing rocket fire from the Hamas-controlled Gaza Strip was a tactical threat that Israel could confront
  • “We have an Iron Dome to protect against rockets, but we have no Iron Dome for this,” cautioned Oren. “The danger of sanctions and embargoes is a real one.” Abbas’s actions, including his threats to seek ICC membership so that he could prosecute Israel though the international legal body, were part of a strategy that Oren warned was not designed “to get a better two-state solution.”
  • Oren cautioned that while Hamas’s rocket fire against Israelis was a “tactical threat” that Israel could confront with weapons technology, Abbas’s plans to upgrade the Palestinian Authority’s international status in order to initiate punitive actions against Israel was a “strategic threat” that Israel was challenged to counter. The former ambassador noted that despite the continued rocket fire against Israeli targets, Washington has maintained a seemingly paradoxical policy of condemning Hamas rocket fire and defending Israel’s right to defend itself, while at the same time “there has been no indication whatsoever that the US or other members of the Quartet are willing to review or reassess their participation in the [Palestinian] unity government.”
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  • At the same time, US support for Abbas’s technocratic government, formed this spring as part of a unity agreement with Hamas, has remained steady. On Tuesday, Philip Gordon, a special assistant to US President Barack Obama and the White House coordinator for the Middle East, warned that Jerusalem “should not take for granted the opportunity to negotiate” with Abbas, who has proven to be a “reliable partner.” But Abbas’s stance, said Oren, “doesn’t resonate with segments of Israeli population who see Abbas refusing to condemn rocket fire but accusing Israel of committing war crimes.” With tens of thousands of reservists massing at the border with Gaza, Oren said that a ground operation against the Hamas-held territory “would be in Hamas’s interest.” Their influence has declined markedly over the past year, he explained, noting that the Islamist group has recently lost support from key backers in Syria and Iran as well as with the fall of the Morsi government in Egypt.
  • “The economy in Gaza is abysmal,” Oren said, arguing that Hamas believes that if it can drag Israel into a ground operation it will come out with the upper hand and Israel will face heavy casualties as well as international criticism and even prosecution for war crimes.
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    It's a huge strategic threat precisely because Israel's leaders are go clearly guilty of war crimes against the Palestinians on a massive scale since the time Israel was established in 1948. 
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