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America loses all its wars because it seems we’ve always been on the wrong side of history. Morally nor legally should any nation have the right to invade and occupy another sovereign nation, much less believe it can achieve victory in long, protracted wars. Yet in violation of all ethical precepts and all international laws, the sole global superpower citing its impunity through exceptionalism hypocritically insists it can maintain its moral high ground in its relentless pursuit of regime changes anywhere it so chooses on earth. We are the global village bully that’s hated by much of the world. And it’s pure self-aggrandizing bullshit to perpetrate the myth that America is hated because of our “freedom,” another rhetorical brainwashing lie. We now live in a fascist totalitarian police state run by a globalized crime syndicate of the central banking cabal. As of last April per a Princeton-Northwestern study the US has officially been designated an oligarchy. Last year after a group of ethnic Russians living in Crimea voted to become part of Russia, the Russian military claimed control over its own naval base there that the US-NATO had been lusting to steal after the unlawful overthrow of Ukraine’s democratically elected sovereign government. Ever since it’s been nonstop lies and propaganda propagated to demonize Putin as the aggressor when in fact all along it’s the American Empire that’s been recklessly pushing what could end up World War III against nuclear powered Russia. With US-NATO missiles installed on Russia’s doorstep in virtually every former Soviet eastern bloc nation, hemming Russia in, who’s really the aggressor here?

Meanwhile, despite costing US taxpayers up to six trillion dollars and counting in Iraq alone and another trillion so far in Afghanistan in this age of increasing austerity, the albeit detached reverence for the US military and its abysmal losing war record fail to draw much notice or reflection, much less any real criticism or troubleshooting that might correct the same pattern of mistakes being repeated indefinitely. Another article in the same issue calls for resurrecting the draft as the feeble answer, something my ex-West Point roommate-former Afghan Ambassador-retired general and current Council on Foreign Relations (CFR) member Karl Eikenberry has also publicly advocated. They are all missing the point, unwilling or unable to address the pink elephant in the global room. Respected author-activist David Swanson wrote an incisive rebuttal also confronting the Atlantic article for not answering the obvious question of why America loses at war. He makes the excellent point: The U.S. has killed huge numbers of men, women, and children, made itself hated, made the world more dangerous, destroyed the environment, discarded civil liberties, and wasted trillions of dollars that could have done a world of good spent otherwise. A draft would do nothing to make people aware of that situation. But Swanson merely glides over as a passing fact that the ruling elite is the only entity that stands to gain from war. He fails to emphasize that it is the elite’s power, money and influence that both initiates, but then by calculated design, willfully sabotages the chance of any US military victory after World War II. The reason is simple. If the US triumphed in war it would only delay the totalitarian New World Order from materialization. Only a weakened United States would expeditiously promote a one world government.

As a brief historical review tracing events from the dawn of the twentieth century, media mogul Randolph Hearst used the false flag of the Spanish American War to “remember the USS Maine” sinking in the 1898 Havana harbor as its deceitful justification to ruthlessly, violently colonize Cuba and the Philippines, committing ethnic cleansing with estimates as high as near a half million dead Filipinos in that bloodbath. Then it was the “great” English statesman Winston Churchill who plotted the sinking of the Lusitania killing nearly 1200 of his own British citizens (along with 128 Americans) as the baited sacrifice secretly carrying arms to ignite the First World War that was supposed to end all wars.

Most Americans, their minds focused at the moment on the tragic slaughter of 20 young children aged 5 and 6, along with five teachers and a school principal in Connecticut by a heavily-armed psychotic 21-year-old, are blissfully unaware that their previous president, George W. Bush, along with five key members of his administration, were recently convicted in absentia of war crimes at a tribunal in Kuala Lumpur, Malaysia. They are unaware because the US corporate media have ignored the story, just as that same corporate media have failed to note that the crimes of which Bush, Vice President Dick Cheney, former Defense Secretary Donald Rumsfeld and five White House lawyers, were convicted all could apply equally well to current President Barack Obama and his administration. Bush, Cheney, White House counsel (and later Attorney General) Alberto Gonzalez and others were found guilty earlier this month of war crimes and crimes against humanity relating to the executive orders that launched the wars against Iraq and Afghanistan, as well as of authorizing and failing to punish torture and other war crimes by US forces, including the military and the CIA.

But as international law expert Francis Boyle, a professor of law at the University of Illinois, notes, under the Geneva Convention, failing to take action to prosecute those guilty of war crimes such as the “Crime against Peace” (invading a country that does not pose an imminent threat to the attacker), and torture, are war crimes in and of themselves. Speaking last week at a Summit Conference on Human Rights held at the University of the Sacred Heart in the US island colony of Puerto Rico, Boyle said US authorities, including President Obama, are engaged in an “ongoing criminal conspiracy under international law” both to cover up and protect criminals like Bush, Cheney and Rumsfeld, and to continue the commission of war crimes by the US government.

Obama, when initially campaigning in 2008 for the presidency, vowed that he wanted to restore the respect for the law and the Constitution, once elected President, he and his attorney general Eric Holder quickly made it clear that they were “looking forward, not backward,” and that there would be no prosecutions or indictments for war crimes of any Bush administration people.   The thing is, at that moment, both President Obama and AG Holder became war criminals themselves under the UN Charter and the Nuremberg Principles, which declare that covering up war crimes by prior government and military leaders, and failure to prosecute such war crimes, are in themselves war crimes.

Israeli Prime Minister Benjamin Netanyahu is reportedly urging U.S. lawmakers to protect his country from Palestinian claims that Israel engaged in “war crimes” during recent Gaza fighting that left nearly 1,900 Palestinians dead. A top Israeli lawmaker told The New York Post that Netanyahu is urging U.S. lawmakers to “help Israel avoid war crimes charges.” The Israeli leader is reportedly appealing to American legislators to resist a seemingly global backlash against the Gaza fighting, saying that Israel took “extraordinary measures” to avoid civilian deaths in the recent month-long conflict.

Israeli Prime Minister Benjamin Netanyahu is reportedly urging U.S. lawmakers to protect his country from Palestinian claims that Israel engaged in “war crimes” during recent Gaza fighting that left nearly 1,900 Palestinians dead. A top Israeli lawmaker told The New York Post that Netanyahu is urging U.S. lawmakers to “help Israel avoid war crimes charges.” The Israeli leader is reportedly appealing to American legislators to resist a seemingly global backlash against the Gaza fighting, saying that Israel took “extraordinary measures” to avoid civilian deaths in the recent month-long conflict.

Israeli Prime Minister Benjamin Netanyahu is reportedly urging U.S. lawmakers to protect his country from Palestinian claims that Israel engaged in “war crimes” during recent Gaza fighting that left nearly 1,900 Palestinians dead. A top Israeli lawmaker told The New York Post that Netanyahu is urging U.S. lawmakers to “help Israel avoid war crimes charges.” The Israeli leader is reportedly appealing to American legislators to resist a seemingly global backlash against the Gaza fighting, saying that Israel took “extraordinary measures” to avoid civilian deaths in the recent month-long conflict. According to Gaza officials, three-quarters of the 1,900 Palestinians killed in the fighting were civilians, although Israeli Defense Forces have stressed that Hamas has intentionally used civilians as human shields. Three Israeli civilians and 64 Israeli soldiers have also been killed in the Gaza conflict. Netanyahu said that “90percent of the fatalities could have been avoided had Hamas not rejected the ceasefire it accepts now,” according to The Post.

In a replay of the last major Gaza conflict, human rights defenders are again accusing Israel and Hamas of violating the rules of war, pointing to what they say appear to be indiscriminate or deliberate attacks on civilians.In 2009, such war crimes allegations leveled by U.N. investigators - and denied by both sides at the time - never came close to reaching the International Criminal Court.Some Palestinians hope the outcome will be different this time, in part because President Mahmoud Abbas, as head of a U.N.-recognized state of Palestine, has since earned the right to turn directly to the court.Still, the road to the ICC, set up in 2002 to prosecute war crimes, is filled with formidable political obstacles.

Israel and the United States strongly oppose bringing any possible charges stemming from the Israeli-Palestinian conflict before the court, arguing such proceedings could poison the atmosphere and make future peace talks impossible.If Abbas seeks a war crimes investigation of Israel, he could lose Western support and expose Hamas - a major Palestinian player - to the same charges.

Unlike in 2009, Abbas has the option of turning to the court directly because of the upgrade in legal standing awarded by the U.N. General Assembly in 2012. At the time, the assembly recognized "Palestine" in the West Bank, Gaza and east Jerusalem as a non-member observer state, meeting the ICC requirement of accepting requests for jurisdiction from states over crimes committed in their territory.After 20 years of failed negotiations with Israel, many Palestinians believe the ICC offers the only opportunity to hold Israel accountable, not only for Gaza military operations, but for continued expansion of settlement-building on occupied lands. With daily scenes of Gaza carnage, the West Bank-based Abbas is under growing pressure to join the court.He still hesitates, because going after Israel at the ICC would signal a fundamental policy shift, instantly turning his tense relationship with Israel into a hostile one and creating a rift with the United States.

As I noted in an earlier post, Nathan Smith, a U.S. Army captain deployed to Kuwait as part of the campaign against ISIL, Operation Inherent Resolve, has sued the President, seeking a declaration that Congress has not authorized the hostilities in Iraq and Syria and that therefore the War Powers Resolution requires the President to remove U.S. forces from hostilities in those nations. On Tuesday, the Department of Justice filed a motion to dismiss the case. Its brief in support of the motion includes one argument that I think is correct (albeit not for all the reasons the government offers) — namely, that Smith lacks standing to sue. That ought to be sufficient to have the case dismissed. The brief also includes an argument on the merits (albeit not designated as such) that is very interesting and potentially important — an account of how Congress has allegedly authorized Inherent Resolve in three ways: (i) in the 2001 AUMF; (ii) in the 2002 AUMF; and (iii) in current appropriations statutes. The heart of the brief, however, is devoted to a third argument — that Judge Koller-Kotelly must dismiss the case on the basis of the political question doctrine — that is not only wrong, but that simply ignores the Supreme Court’s recent (and repeated) repudiation of that very argument.

On page 39 of its 45-page brief, the government finally gets around to the reason why the court should dismiss the complaint: Smith lacks standing. Importantly, Smith’s theory of standing is not that he — an Army captain deployed to perform intelligence services in Kuwait — is more likely to be injured or killed by virtue of the President’s decision to deploy troops into hostilities in Iraq and Syria. It is, instead, that the President’s alleged failure to comply with the War Powers Act results in Captain Smith’s own violation of his officer’s oath to “support and defend” the Constitution “against all enemies, foreign and domestic,” and to “bear true faith and allegiance” to the Constitution.

The government’s standing argument begins (p. 35) by suggesting that “[p]laintiff’s claim that he is being forced to betray his oath is insufficient to establish standing because the violation of an oath, by itself, is not an injury in fact.” The cases the government cites for that proposition, however, do not say that a forced oath violation would not be an injury in fact — and that’s not a question the judge needs to resolve. What the cases establish, instead, is the point the government finally argues at page 39 — namely, that a government officer does not violate his oath by complying with superiors’ orders, even if it turns out that the law prohibits the military operation in which those orders are issued. Indeed, Smith would not violate his oath of office even if his superiors’ orders themselves were unauthorized, or if the intelligence activities he is ordered to performed were unauthorized. But he does not allege even those things (as I discuss below, he does not, for instance, alleged that he is being ordered to do anything unlawful). Instead, he merely argues that because President Obama should have withdrawn troops from Syria and Iraq 60 days after their deployment, Smith himself is violating his oath to “bear true faith and allegiance to the Constitution.” This is a non sequitur: Even if Smith is right that the continuation of Operation Inherent Resolve is unlawful, that would not mean that he is acting in violation of his oath. (Much more on this in my earlier post.) And that simple fact is reason enough for Judge Koller-Kotelly to dismiss the case.

Last week charges of Desertion and Misbehavior Before the Enemy were recommended against Sergeant Bowe Bergdahl. Tragically, Sergeant Bergdahl was once again crucified, without evidence or trial, throughout mainstream, alternative and social media. That same day Sergeant Bergdahl was offered as a sacrifice to primarily Republican politicians, bloggers, pundits, chicken hawks and jingoists, while Democrats mostly kept silent as Sergeant Bergdahl was paraded electronically and digitally in the latest Triumph of the Global War on Terror, President Ashraf Ghani was applauded, in person, by the American Congress. Such coincidences, whether they are arranged or accidental, often appear in literary or cinematic tales, but they do, occasionally, manifest themselves in real life, often appearing to juxtapose the virtues and vices of a society for the sake and advancement of political narratives. The problem with this specific coincidence for those on the Right, indulging in the fantasy of American military success abroad, as well as for those on the Left, desperate to prove that Democrats can be as tough as Republicans, is that reality may intrude. To the chagrin and consternation of many in DC, Sergeant Bergdahl may prove to be the selfless hero, while President Ghani may play the thief, and Sergeant Bergdahl's departure from his unit in Afghanistan may come to be understood as just and his time as a prisoner of war principled, while President Obama's continued propping up and bankrolling of the government in Kabul, at the expense of American servicemembers and taxpayers, comes to be fully acknowledged as immoral and profligate.

Buried in much of the media coverage this past week on the charges presented against Sergeant Bergdahl, with the exception of CNN, are details of the Army's investigation into Sergeant Bergdahl's disappearance, capture and captivity. As revealed by Sergeant Bergdahl's legal team, twenty-two Army investigators have constructed a report that details aspects of Sergeant Bergdahl's departure from his unit, his capture and his five years as a prisoner of war that disprove many of the malicious rumors and depictions of him and his conduct.

As documented in his lawyers' statement submitted to the Army on March 25, 2015, in response to Sergeant Bergdahl's referral to the Article 32 preliminary hearing (which is roughly the military equivalent of a civilian grand jury), the following facts are now known about Sergeant Bergdahl and his time prior to and during his captivity as a prisoner of war:• Sergeant Bergdahl is a "truthful person" who "did not act out of a bad motive"; • he did not have the intention to desert permanently nor did he have an intention to leave the Army when he left his unit's outpost in eastern Afghanistan in 2009; • he did not have the intention of joining the Taliban or assisting the enemy; • he left his post to report "disturbing circumstances to the attention of the nearest general officer". • while he was a prisoner of war for five years, he was tortured, but he did not cooperate with his captors. Rather, Sergeant Bergdahl attempted to escape twelve times, each time with the knowledge he would be tortured or killed if caught; • there is no evidence American soldiers died looking for Sergeant Bergdahl.

Wars in an imperialist democracy cannot simply be dictated by executive fiat, they require the consent of highly motivated masses who will make the human and material sacrifices. Imperialist leaders have to create a visible and highly charged emotional sense of injustice and righteousness to secure national cohesion and overcome the natural opposition to early death, destruction and disruption of civilian life and to the brutal regimentation that goes with submission to absolutist rule by the military. The need to invent a cause is especially the case with imperialist countries because their national territory is not under threat. There is no visible occupation army oppressing the mass of the people in their everyday life. The ‘enemy’ does not disrupt everyday normal life – as forced conscription would and does. Under normal peaceful time, who would be willing to sacrifice their constitutional rights and their participation in civil society to subject themselves to martial rule that precludes the exercise of all their civil freedoms?

The task of imperial rulers is to fabricate a world in which the enemy to be attacked (an emerging imperial power like Japan) is portrayed as an ‘invader’ or an ‘aggressor’ in the case of revolutionary movements (Korean and Indo-Chinese communists) engaged in a civil war against an imperial client ruler or a ‘terrorist conspiracy’ linked to an anti-imperialist, anti-colonial Islamic movements and secular states. Imperialist-democracies in the past did not need to consult or secure mass support for their expansionist wars; they relied on volunteer armies, mercenaries and colonial subjects led and directed by colonial officers. Only with the confluence of imperialism, electoral politics and total war did the need arise to secure not only consent, but also enthusiasm, to facilitate mass recruitment and obligatory conscription. Since all US imperial wars are fought ‘overseas’ – far from any immediate threats, attacks or invasions – -US imperial rulers have the special task of making the ‘causus bellicus’ immediate, ‘dramatic’ and self-righteously ‘defensive’. To this end US Presidents have created circumstances, fabricated incidents and acted in complicity with their enemies, to incite the bellicose temperament of the masses in favor of war.

The pretext for wars are acts of provocation which set in motion a series of counter-moves by the enemy, which are then used to justify an imperial mass military mobilization leading to and legitimizing war. State ‘provocations’ require uniform mass media complicity in the lead-up to open warfare: Namely the portrayal of the imperial country as a victim of its own over-trusting innocence and good intentions. All four major US imperial wars over the past 67 years resorted to a provocation, a pretext, and systematic, high intensity mass media propaganda to mobilize the masses for war. An army of academics, journalists, mass media pundits and experts ‘soften up’ the public in preparation for war through demonological writing and commentary: Each and every aspect of the forthcoming military target is described as totally evil – hence ‘totalitarian’ – in which even the most benign policy is linked to demonic ends of the regime. Since the ‘enemy to be’ lacks any saving graces and worst, since the ‘totalitarian state’ controls everything and everybody, no process of internal reform or change is possible. Hence the defeat of ‘total evil’ can only take place through ‘total war’. The targeted state and people must be destroyed in order to be redeemed. In a word, the imperial democracy must regiment and convert itself into a military juggernaut based on mass complicity with imperial war crimes. The war against ‘totalitarianism’ becomes the vehicle for total state control for an imperial war.

destruction, and U.S. counterterrorism strategy. Lynch's enterprise reporting has explored the underside of international diplomacy. His investigations have uncovered a U.S. spying operation in Iraq, Dick Cheney's former company's financial links to Saddam Hussein, and documented numerous sexual misconduct and corruption scandals. Lynch has appeared frequently on the Lehrer News Hour, MSNBC, NPR radio, and the BBC. He has also moderated public discussions on foreign policy, including interviews with Susan E. Rice, the U.S. National Security Advisor, Gerard Araud, France's U.N. ambassador, and other senior diplomatic leaders. Born in Los Angeles, California, Lynch received a bachelor's degree from the University of California, Berkeley, in 1985 and a master's degree from Columbia University's Graduate School of Journalism in 1987. He previously worked for the Boston Globe. January 15, 2015 colum.lynch @columlynch Stephen J. Rapp, the U.S. ambassador at large for war crimes, is stepping down after five and a half years as the Obama administration’s point man for global prosecutions of the world’s most notorious war criminals

The sense of pride expressed by officials of the Obama administration at the release of Army Sgt. Bowe Bergdahl is not shared by many of those who served with him: veterans and soldiers who call him a deserter whose "selfish act" ended up costing the lives of better men.

After a document obtained by Al Jazeera revealed the Palestinian Authority (PA) has stalled the launch of a formal investigation into alleged Israeli war crimes in Gaza, Palestinian legal and human rights experts remain dubious that the PA ever truly intended to join the International Criminal Court (ICC). In a confidential letter obtained exclusively by Al Jazeera's Investigative Unit, the ICC's top prosecutor, Fatou Bensouda, said she "did not receive a positive confirmation" from PA Foreign Minister Riad al-Malki that the request submitted for an international investigation had the Palestinian government's approval. Palestinian officials have, on numerous occasions, threatened to head to the ICC to hold Israel accountable for possible war crimes and crimes against humanity. But their efforts so far, have proved fruitless. In July, a French lawyer filed a complaint with the court on behalf of the Palestinian minister of justice, accusing Israel of carrying out war crimes in the Gaza Strip. This came after a 2009 call for an ICC investigation into Israel's three-week military offensive in Gaza that was later dropped when the prosecutor said Palestine was not a court member. In August, Malki met with ICC officials to discuss the implications of ratifying the Rome Statute, the treaty that established the criminal court. "Everything that has happened...is clear evidence of war crimes committed by Israel, amounting to crimes against humanity," he told reporters in The Hague, referring to the recent 51-day Israeli military offensive on Gaza, which left more than 2,100 Palestinians dead. Six Israeli civilians were killed, along with 66 Israeli soldiers.

Two years ago, Palestine became recognised as a non-member observer state at the UN General Assembly. This made it eligible to join the ICC; however, to date, Palestinian officials have not signed the Rome Statute, even though almost 80 percent of Palestinians support going to the court. Senior Fatah official Mohammad Shtayyeh didn't say when the Palestinians would apply to the ICC, but said it would probably happen in another few months. "The indictment against Israel at the ICC and all the accompanying documents are ready," Shtayyeh told Al Jazeera. One of the remaining hurdles, Shtayyeh said, is getting one remaining Palestinian faction - Islamic Jihad - to sign an accession document before the Palestinians can present it. Hamas signed onto the proposal at the behest of the PA in August. "We're not in a situation of setting a deadline or making an ultimatum," he said. "We're following developments in the region and the world, and therefore, we'll wait for answers from the international community. But I believe that by November-December, the picture should be clearer."

In response to Al Jazeera's claims, the Palestinian Justice Minister Salim al-Saqqa said that Palestinian President Mahmoud Abbas was serious about going to the ICC and was "awaiting national dialogue" to pursue it. "This issue is our number-one priority," he said. "It is still on the table awaiting a few legal and technical procedures. We have not missed our opportunity to head to the court." So far, the Palestinians have struggled to use the court to pursue their claims, with some attributing this to the PA's use of an ICC investigation as a political bargaining chip. "The PA can go to the ICC in one day," said Shawan Jabarin, the director of Ramallah-based human rights group al-Haq. "Abbas, who has been turned this into a political issue, is balking." Many factors are working against setting off a war crimes investigation at the ICC, not least the international community's apparent opposition to the move. "It is the PA's trump card because the Israelis and the Americans have said it is a red line," said Diana Buttu, a lawyer and former adviser to the Palestine Liberation Organisation (PLO).

Scotland Yard was thwarted yesterday in its attempt to seize a former senior Israeli army officer at Heathrow airport for alleged war crimes in occupied Palestinian lands after a British judge had issued a warrant for his arrest.British detectives were waiting for retired Major General Doron Almog who was aboard an El Al flight which arrived from Israel yesterday. It is believed he was tipped off about his impending arrest while in the air and stayed on the plane to avoid capture until it flew back to Israel. Scotland Yard detectives were armed with a warrant naming Mr Almog as a war crimes suspect for offences that breached the Geneva conventions.The Guardian understands police would have arrested him if he had set foot on British soil. The arrest warrant was issued on Saturday at Bow Street magistrates court, central London. It is believed to be the first warrant for war crimes of its kind issued in Britain against an Israeli national over conduct in the conflict with Palestinians.

Despite the alleged offences occurring in the Gaza Strip, war crimes law means Britain has a duty to arrest and prosecute alleged suspects if they arrive in Britain. The warrant alleges Mr Almog committed war crimes in the Gaza Strip in 2002 when he ordered the destruction of 59 homes near Rafah, which Palestinians say was in revenge for the death of Israeli soldiers. The warrant was issued by senior district judge Timothy Workman after an application by lawyers acting for Mr Almog's alleged Palestinian victims. According to legal sources, before granting the warrant Mr Workman decided his court had jurisdiction for the offences; that diplomatic immunity did not apply; and there was evidence to support a prima facie case for war crimes.If Mr Almog had been arrested he would have been bailed on condition that he did not leave Britain. The attorney general would have to have sanctioned any prosecution against him for war crimes.Mr Almog was commanding officer of the Israeli defence forces' southern command from December 2000 to July 2003. British lawyers representing Palestinians who say they suffered as a result of Mr Almog's orders had presented their evidence to Scotland Yard detectives last month and they began investigating him.

Washington is playing the lead role in delaying the publication of the long-awaited report into how Britain went to  war with Iraq, The Independent has learnt. Although the Cabinet Office has been under fire for stalling the progress of the four-year Iraq Inquiry by Sir John Chilcot, senior diplomatic sources in the US and Whitehall indicated that it is officials in the White House and the US Department of State who have refused to sanction any declassification of critical pre- and post-war communications between George W Bush and Tony Blair.Without permission from the US government, David Cameron faces the politically embarrassing situation of having to block evidence, on Washington’s orders, from being included in the report of an expensive and lengthy British inquiry.Earlier this year, The Independent revealed that early drafts of the report challenged the official version of events leading up to the Iraq war, which saw Mr Blair send in 45,000 troops to overthrow Saddam Hussein’s regime.

Christopher Black is an international criminal lawyer based in Toronto, he is a member of the Law Society of Upper Canada and he is known for a number of high-profile cases involving human rights and war crimes, especially for the online magazine “New Eastern Outlook”.

I thought about that March night as the election results rolled in, as the New York Times forecast showed Hillary Clinton’s chances of winning the presidency plummet from about 80% to less than 5%, while Trump’s fortunes skyrocketed by the minute. As Clinton’s future in the Oval Office evaporated, leaving only a whiff of her stale dreams, I saw all the foreign-policy certainties, all the hawkish policies and military interventions, all the would-be bin Laden raids and drone strikes she’d preside over as commander-in-chief similarly vanish into the ether. With her failed candidacy went the no-fly escalation in Syria that she was sure to pursue as president with the vigor she had applied to the disastrous Libyan intervention of 2011 while secretary of state.  So, too, went her continued pursuit of the now-nameless war on terror, the attendant “gray-zone” conflicts — marked by small contingents of U.S. troops, drone strikes, and bombing campaigns — and all those munitions she would ship to Saudi Arabia for its war in Yemen. As the life drained from Clinton’s candidacy, I saw her rabid pursuit of a new Cold War start to wither and Russo-phobic comparisons of Putin’s rickety Russian petro-state to Stalin’s Soviet Union begin to die.  I saw the end, too, of her Iron Curtain-clouded vision of NATO, of her blind faith in an alliance more in line with 1957 than 2017. As Clinton’s political fortunes collapsed, so did her Israel-Palestine policy — rooted in the fiction that American and Israeli security interests overlap — and her commitment to what was clearly an unworkable “peace process.”  Just as, for domestic considerations, she would blindly support that Middle Eastern nuclear power, so was she likely to follow President Obama’s trillion-dollarpath to modernizing America’s nuclear arsenal.  All that, along with her sure-to-be-gargantuan military budget requests, were scattered to the winds by her ringing defeat.

Clinton’s foreign policy future had been a certainty.  Trump’s was another story entirely.  He had, for instance, called for a raft of military spending: growing the Army and Marines to a ridiculous size, building a Navy to reach a seemingly arbitrary and budget-busting number of ships, creating a mammoth air armada of fighter jets, pouring money into a missile defense boondoggle, and recruiting a legion of (presumably overweight) hackers to wage cyber war.  All of it to be paid for by cutting unnamed waste, ending unspecified “federal programs,” or somehow conjuring up dollars from hither and yon.  But was any of it serious?  Was any of it true?  Would President Trump actually make good on the promises of candidate Trump?  Or would he simply bark “Wrong!” when somebody accused him of pledging to field an army of 540,000 active duty soldiers or build a Navy of 350 ships. Would Trump actually attempt to implement his plan to defeat ISIS — that is, “bomb the shit out of them” and then “take the oil” of Iraq?  Or was that just the bellicose bluster of the campaign trail?  Would he be the reckless hawk Clinton promised to be, waging wars like the Libyan intervention?  Or would he follow the dictum of candidate Trump who said, “The current strategy of toppling regimes, with no plan for what to do the day after, only produces power vacuums that are filled by terrorists.” Outgoing representative Randy Forbes of Virginia, a contender to be secretary of the Navy in the new administration, recently said that the president elect would employ “an international defense strategy that is driven by the Pentagon and not by the political National Security Council… Because if you look around the globe, over the last eight years, the National Security Council has been writing that. And find one country anywhere that we are better off than we were eight years [ago], you cannot find it.”

Such a plan might actually blunt armed adventurism, since it was war-weary military officials who reportedly pushed back against President Obama’s plans to escalate Iraq War 3.0.  According to some Pentagon-watchers, a potentially hostile bureaucracy might also put the brakes on even fielding a national security team in a timely fashion. While Wall Street investors seemed convinced that the president elect would be good for defense industry giants like Lockheed Martin and General Dynamics, whose stocks surged in the wake of Trump’s win, it’s unclear whether that indicates a belief in more armed conflicts or simply more bloated military spending. Under President Obama, the U.S. has waged war in or carried out attacks on at least eight nations — Afghanistan, Iran, Iraq, Pakistan, Somalia, Yemen, Libya, and Syria.  A Clinton presidency promised more, perhaps markedly more, of the same — an attitude summed up in her infamous comment about the late Libyan autocrat Muammar Gaddafi: “We came, we saw, he died.”  Trump advisor Senator Jeff Sessions said, “Trump does not believe in war. He sees war as bad, destructive, death and a wealth destruction.”  Of course, Trump himself said he favors committing war crimes like torture and murder.  He’s also suggested that he would risk war over the sort of naval provocations — like Iranian ships sailing close to U.S. vessels — that are currently met with nothing graver than warning shots. So there’s good reason to assume Trump will be a Clintonesque hawk or even worse, but some reason to believe — due to his propensity for lies, bluster, and backing down — that he could also turn out to be less bellicose.

Former U.S. President George W. Bush recently dedicated his Presidential Library in Dallas. The ceremony included speeches by President Obama, ex-President Bush, and every other living ex-president. But none of the speeches so much as mentioned to Iraq war — the undertaking that dominated George W. Bush’s presidency, and will define his historic legacy. This omission might be due, at least in part, to the fact that Mr. Bush is now a convicted war criminal who dares not travel abroad out of fear of being arrested. In February 2011, Bush was forced to cancel a scheduled appearance in Geneva, Switzerland after human rights groups filed a criminal complaint charging him with violating international treaties against torture. His trouble increased dramatically a year ago when Bush — along with former Vice President Dick Cheney, former Defense Secretary Donald Rumsfeld, and several other top Bush administration officials — were convicted of war crimes in absentia by a special war crimes tribunal in Kuala Lumpur, Malaysia.

The Kuala Lumpur War Crimes Commission was convened and conducted according to internationally recognized procedures and rules of evidence, and the week-long hearing ended with the five-member panel unanimously delivering guilty verdicts. What is the significance of that tribunal? Is its verdict legally binding? Are there troublesome aspects to the idea that a foreign tribunal can sit in judgment of a U.S. President — whatever we may think of his actions? We will discuss these vitally important questions with Dr. Francis Boyle, a professor of international law at the University of Illinois College of Law. He served as a prosecutor at the tribunal.

Abbas pledged to join the ICC and lodge charges against Israel there. On Wednesday evening he took the first step, signing the request along with applications to join 20 other international conventions during a meeting broadcast live on PA television, despite US criticism. Speaking to Arutz Sheva, Shurat Hadin legal center's director Nitsana Darshan-Leitner said that if Abbas follows through on his threats, the PA's case would likely center around alleged war crimes committed by the IDF during the past summer's war with Gazan terrorists, as well as "settlement-building" - a euphemism for any Jewish communities built in Judea, Samaria, and large parts of Jerusalem. The veteran attorney and legal campaigner warns that if such a case is launched the prospects for Israel are bleak. "Israel will of course try to defend itself, but chances are they will lose. And if they lose and they're convicted for war crimes, it would be a game-changer. It would drop Israel to the bottom tier internationally," she said.

The ICC has faced serious criticism over the years for only focusing on "third-world" countries, and particularly the African continent, (since its founding in 1998 all eight cases handled by the ICC have been in African states,) and there is heavy pressure for the court to also try a "western" or allied country as well to dispel those allegations. "They need to take a different type of case, and they would gladly take upon themselves the Arab-Israeli conflict... it's a more interesting and sexier issue to be involved with, and there is tremendous pressure from countries all over the world for the court to get involved." Despite that pressure, until now the ICC has been unable to get involved due to a lack of jurisdiction.

But could the move be a blessing in disguise, providing Israel with an opportunity to decisively knock down the many allegations against it in the international arena - including both the legality of "settlements" and alleged war crimes - once and for all? "No, this is a biased court," Darshan-Leitner answers bluntly. "Of course Israel will bring international legal experts and explain why the territories (Judea-Samaria) are only disputed, not occupied, and how Jordan never had a right to them in the first place, for example - but Europe, and many other countries, have a different perspective," and it's from that political perspective that the ICC will analyse the case. "Once Israel is charged with war crimes it's the 'end of the game' - that's why Israel should do whatever it can not to be charged." If found guilty, "Israel would have to extradite to the court those individuals or officials, IDF commanders, etc, who will be individually charged for war crimes. Israel will obviously refuse to do so - Israel is not insane, so it's not going to extradite its own people to be blamed for war crimes - and then as a result Israel will be sanctioned... then there will be a real boycott against Israel from the court's member states.

There is nothing tragic about the Obama presidency, capable of drawing the analytical talents of a neo-Plutarch or a neo-Gibbon. This is more like a Pirandello farce, a sort of Character in Search of An Author. Candidates to Author are well documented - from the Israel lobby to the House of Saud, from a select elite of the industrial-military-security complex to, most of all, the rarified banking/financial elite, the real Masters of the Universe. Poor Barack is just a cipher, a <a href='http://asianmedia.com/GAAN/www/delivery/ck.php?n=a9473bc7&cb=%n' target='_blank'><img src='http://asianmedia.com/GAAN/www/delivery/avw.php?zoneid=36&cb=%n&n=a9473bc7&ct0=%c' border='0' alt='' ></a> functionary of empire, whose ''deciding'' repertoire barely extends to what trademark smile to flash at the requisite photo-ops. There's nothing ''tragic'' about the fact that during this week - marking the 12th anniversary of 9/11 - this presidency will be fighting for its bombing ''credibility'' trying to seduce Republican hawks in the US Congress while most of the warmongers du jour happen to be Democrats.

Republicans are torn between supporting the president they love to hate and delivering him a stinging rebuke - as much as they are aching to follow the orders of their masters, ranging from the American Israel Public Affairs Committee to military contractors. Once again, this is farce - caused by the fact that a man elected to finish off wars is eager to start yet another one. And once again without a United Nations vote. The White House ''strategy'' in this crucial negotiating week boils down to this; to convince the US Congress that the United States must start a war on Syria to punish an ''evil dictator'' - once again, as bad as Hitler - for gassing children. The evidence? It's ''indisputable''. Well, it's not ''irrefutable''. It's not even ''beyond-a-reasonable-doubt''. As Obama's Chief of Staff Denis McDonough admitted, with a straight face, it boils down to ''a quite strong common sense test, irrespective of the intelligence, that suggests that the regime carried this out''. So if this is really about ''common sense'', the president is obviously not being shown by his close coterie of sycophants this compendium of common sense, compiled by a group of top, extremely credible former US intelligence officials, which debunks all the ''evidence'' as flawed beyond belief. To evoke a farce from 12 years ago, this clearly seems to be a case of ''facts being fixed around the policy''.

The Arab street doesn't buy it because they clearly see through the hypocrisy; the desperate rush to ''punish'' the Bashar al-Assad government in Syria while justifying everything the apartheid state of Israel perpetrates in occupied Palestine. The Muslim world doesn't buy it because it clearly sees the demonization only applies to Muslims - from Arafat to bin Laden to Saddam to Gaddafi and now Assad. It would never apply to the military junta in Myanmar, which was clever enough to engineer an ''opening''; the next day Westerners were lining up to kiss the hem of Burmese longyis. It would never apply to the Islam Karimov dictatorship in Uzbekistan because ''we'' always need to seduce him as one of our bastards away from Russia and China. It eventually applies, on and off, to the Kim dynasty in North Korea, but with no consequences - because these are badass Asians who can actually respond to an US attack. Informed public opinion across the developing world does not buy it because they clearly see, examining the historical record, that Washington would never really be bothered with the sorry spectacle of Arabs killing Arabs, or Muslims killing Muslims, non-stop. The 1980-1988 Iran-Iraq war is a prime piece of evidence.

America is on a war footing.  While, a World War Three Scenario has been on the drawing board of the Pentagon for more than ten years, military action against Russia is now contemplated at an “operational level”. Similarly, both the Senate and the House have introduced enabling legislation which provides legitimacy to the conduct of a war against Russia. We are not dealing with a “Cold War”. None of the safeguards of the Cold War era prevail. 

There has been a breakdown in East-West diplomacy coupled with extensive war propaganda. In turn the United Nations has turned a blind eye to extensive war crimes committed by the Western military alliance. The adoption of a major piece of legislation by the US House of Representatives on December 4th (H. Res. 758)  would provide (pending a vote in the Senate) a de facto green light to the US president and commander in chief to initiate –without congressional approval– a process of military confrontation with Russia. Global security is at stake. This historic vote –which potentially could affect the lives of hundreds of millions of people Worldwide– has received virtually no media coverage. A total media blackout prevails.

The World is at a dangerous crossroads. Moscow has responded to US-NATO threats. Its borders are threatened. On December 3, the Ministry of Defence of the Russian Federation announced the inauguration of a new military-political entity which would take over in the case of war. Russia is launching a new national defense facility, which is meant to monitor threats to national security in peacetime, but would take control of the entire country in case of war. (RT, December 3, 2014)

On Tuesday, the Chief Prosecutor of the International Criminal Court announced, in the most explicit and detailed terms to date, that the U.S. treatment of detainees captured in the Afghanistan conflict is under examination by her office. The statement is included in the Office of the Prosecutor’s (OTP) annual “Report on Preliminary Examination Activities,” released on the eve of the Assembly of States Parties this month.

In particular, the OTP is assessing the degree to which national proceedings are underway with respect to the allegations underlying the examination.  Furthermore, an affirmative determination that there is a reasonable basis to proceed with an investigation is far from a finding of strong evidence of criminal wrongdoing. Nevertheless, the appearance of the latter is surely one issue on the minds of administration officials. David Bosco, for instance, reported that “the U.S. delegation urged the court not to publish the allegations, even in preliminary form. They warned that the world would see any ICC mention of possible American war crimes as evidence of guilt, even if the court never brought a formal case.”

Here are the key graphs: “94. The Office has been assessing available information relating to the alleged abuse of detainees by international forces within the temporal jurisdiction of the Court. In particular, the alleged torture or ill-treatment of conflict-related detainees by US armed forces in Afghanistan in the period 2003-2008 forms another potential case identified by the Office. In accordance with the Presidential Directive of 7 February 2002, Taliban detainees were denied the status of prisoner of war under article 4 of the Third Geneva Convention but were required to be treated humanely. In this context, the information available suggests that between May 2003 and June 2004, members of the US military in Afghanistan used so-called “enhanced interrogation techniques” against conflict-related detainees in an effort to improve the level of actionable intelligence obtained from interrogations. The development and implementation of such techniques is documented inter alia in declassified US Government documents released to the public, including Department of Defense reports as well as the US Senate Armed Services Committee’s inquiry. These reports describe interrogation techniques approved for use as including food deprivation, deprivation of clothing, environmental manipulation, sleep adjustment, use of individual fears, use of stress positions, sensory deprivation (deprivation of light and sound), and sensory overstimulation.