US retracts Kerry’s accusations against Israel
MEMO | April 9, 2014
“US Secretary of State John Kerry was clear throughout the negotiations saying that the two sides have taken futile steps and he avoided the entire time to involve himself in the game of accusations against this or that party,” US State Department spokesperson Jen Psaki told Israel’s Haaretz newspaper.
Psaki’s remarks came as an apparent attempt by the US to ease Israeli reactions over remarks of Kerry’s accusing Israel of responsibility for ruining the negotiations.
“Secretary Kerry addressed the courageous steps taken by the Israeli Prime Minister Benjamin Netanyahu to move the peace process forward,” Psaki said, pointing out that now “it is up to the leaders of both sides to take courageous decisions to move the negotiations in the positive direction.”
Palestinian schoolchildren attacked by Israeli settlers, in South Hebron Hills
Military escort misconduct exposes Palestinian children to risk on their way to and from school
Tuwani Resiste | April 9, 2014
At Tuwani – On April 9, children from the Palestinian villages of Tuba and Maghayir Al Abeed were attacked by settlers coming from the Israeli illegal outpost of Havat Ma’on. The children were walking to school, accompanied by the Israeli military escort that has the duty to protect them everyday on their way to and from school, as established in 2004 by the Children Rights Committee of the Knesset. During the 2013-2014 school year the misconduct this military escort has exposed the children to dangerous risks in numerous occasions.
In order to reach the school in the village of At Tuwani, the Palestinian children coming from the nearby byvillages of Tuba and Maghayir Al Abeed, aged between 6 and 17 years, usually walk through the shortest route, about 20 minutes walking, that passes between the Israeli settlement of Ma’on and the illegal outpost of Havat Ma’on (Hill 833). This route is the main road linking their villages and At Tuwani.
On the morning of April 9 at 7:40 am, two Israeli children coming from the illegal outpost of Havat Ma’on attacked the Palestinian children by trowing them stones with slingshots. Two Palestinian girls, aged 12 and 14, were hit on their legs by the stones and were injured. At the moment of the attack the Israeli soldiers were not walking with the children as they are supposed to, but were all inside the military vehicle, following behind the group of children.
Everyday international volunteers monitor the regular implementation of the IDF escort for an average number of 16 children, aged between 6 and 17 years old, coming from the villages of Tuba and Maghayir al Abeed. August 25 marked the beginning of the school year 2013-2014 and 132 days of school have been recorded so far. The escort was not present in 5 mornings and 6 afternoons, forcing the children to walk a longer and still dangerous path that takes them about one hour to reach the school. During the current school year international volunteers registered that in 30% of the cases the military escort was late (27% during the previous school year 2012-2013), causing children the loss of about 8 hours of lessons (17 in 2012-2013). In addition, in 50% of the cases (52% in 2012-2013) the military escort arrived late after school, forcing the children to wait in a dangerous place (the gathering one), close to both the settlement and the outpost, for a total time of about 12 hours (19 in 2012-2013). In contravention to the escort’s protective mandate, in 96% of the cases (i.e. 127 out of 132 recorded cases in which the escort was present) the Israeli military failed to fully complete the escort and the soldiers did not accompany the children to the end of the established path (78% in 2012-2013). Furthermore thus far in 2013-2014 school year, in 82% (37% in 2012-2013) of the cases the escort didn’t walk with the children, as established in the agreement between the Israel Civil Administration’s District Coordination Office (DCO) and the mayor of At Tuwani.
For further information on the military escort in the past years, it is available the report “The Dangerous Road to Education. Palestinian Students Suffer Under Settler Violence and Military Negligence” at: http://goo.gl/CXfi9
Operation Dove has maintained an international presence in At Tuwani and the South Hebron Hills since 2004.
For further information:
Operation Dove, 054 99 25 773
[Note: According to the Fourth Geneva Convention, the Hague Regulations, the International Court of Justice, and several United Nations resolutions, all Israeli settlements and outposts in the Occupied Palestinian Territories are illegal. Most settlement outposts, including Havat Ma’on (Hill 833), are considered illegal also under Israeli law.]
“Freedom of the Press” and “The Shield Law”: “Protecting the Public” from Independent Alternatives to the Mainstream Media
By Devon DB | Global Research | April 8, 2014
Currently being debated by the Senate, but rarely discussed on mainstream television, is the Shield Law. While on the surface it may seem to be rather innocuous, some of the language in it and its implications are quite problematic for journalists.
A Shield Law is a law which “provides statutory protection for the ‘reporters’ privilege’— legal rules which protect journalists against the government requiring them to reveal confidential sources or other information.”[1] Generally, this is a positive occurrence as journalists are much more able to conduct their work and bring information to public light if they do not need to worry about having to reveal their sources. While Shield Laws have occurred in the past, they have only been on the state level. This currently proposed Shield Law is the first one to reach the federal level and the main goal is to protect journalists from having to reveal confidential sources in federal cases.[2]
However, there are certain instances in which journalists will have to reveal sources, such as “(1) The party seeking disclosure has exhausted all reasonable alternative sources of the information; (2) The requested information is essential to resolving the matter; (3) Disclosure of the requested information would not be contrary to the public interest; and (4) In criminal cases, if the requesting party is the federal government, the government must show that there are reasonable grounds to believe that a crime has occurred.”[3]
While overall it may seem like a good bill, there are a number of problems with this Shield Law, officially known as the Free Flow of Information Act of 2013. For starters, this law would “allow the government to seize reporters’ records without notifying them for 45 days – a period of time that could be renewed by a judge 45 additional days – if investigators convince a judge pre-notification ‘would pose a clear and substantial threat to the integrity of a criminal investigation.’”[4] This power of seizing records without notifying reporters was used most recently in regards to the Associated Press, when the federal government seized their phone records in May of last year, with the government only saying that “they were needed for investigation of an unspecified criminal matter.”[5] Oh yes! What transparency and accountability! Infringing upon the First Amendment rights of reporters and then only giving what is essentially a BS, purposefully vague explanation.
In addition to this, the government can force journalists to give up information in the name of national security.[6] This is quite worrying as the US government has time and time again been involved in operations of entrapment.[7,8] Due to this, they could potentially have a scenario where they create a case of entrapment, label it terrorism, and then force all journalists to give up information on any and all sources as well as seize their records under the guise of national security.
Yet in this current bill, not only can the government continue to engage in the above behavior, but they are also defining who is and who is not a journalist. Initially, the bill defined a journalist as “a person who has a ‘primary intent to investigate events and procure material’ in order to inform the public by regularly gathering information through interviews and observations” and added the stipulation that “The person also must intend to report on the news at the start of obtaining any protected information and must plan to publish that news.”[9] This seems to be rather fine as it would include mainstream and independent journalists. However, the situation became problematic when in September 2013, an amendment to the bill was proposed that- let’s just say- ‘more clearly’ defined who and who was not a journalist.
Kevin Gostolza of Firedoglake discussed this amendment last year and it would be appropriate to quote him now at some length:
A “covered journalist,” under the amendment, would be the following: an employee, independent contractor, or agent of an entity or service that disseminates news or information by means of newspaper; nonfiction book; wire service; news agency; news website, mobile application or other news or information service (whether distributed digitally or other wise); news program; magazine or other periodical, whether in print, electronic, or other format; or through television or radio broadcast, multichannel video programming distributor (as such term is defined in section 602(13) of the Communications Act of 1934 (47 U.S.C. 522(13)), or motion picture for public showing… That person must also have the “primary intent to investigate events and procure material in order to disseminate to the public news or information concerning local, national, or international events or other matters of public interest.” Or, that person should be engaged in the “regular gathering, preparation, collection, photographing, recording, writing, editing, reporting or publishing on such matters.” A person would also qualify as a “covered journalist” if they had experience in journalism and had “substantially contributed, as an author, editor, photographer, or producer, to a significant number of articles, stories, programs, or publications” in the past twenty years. As Feinstein said, it would “cover a legitimate journalist such as a Dan Rather who leaves his media entity and takes to publishing freelance stories on the web.”[10] (emphasis added)
Now, let’s begin to take those paragraphs apart and analyze them, bit by bit.
In the first paragraph, the law defines a journalist as “an employee, independent contractor, or agent of an entity or service that disseminates news or information” and then goes on to define the many mediums by which the news can be disseminated. Some of this language seems to be problematic. What exactly do they mean by “independent contractor?” Do they mean a freelancer? Do they mean someone like myself who researches and writes independently?
In the next paragraph, it adds a caveat to the definition of journalist, stating that the individual in question must also “have the ‘primary intent to investigate events and procure material in order to disseminate to the public news or information concerning local, national, or international events or other matters of public interest.’” Well, how do you prove that this is one’s primary intent? Do you just have to state as such? And what do they even mean by the term “primary intent?” Isn’t the main goal of most if not all journalists to disseminate news to the public?
The final paragraph offers an alternative if one is not with a mainstream source by stating that they are covered if “they had experience in journalism and had ‘substantially contributed, as an author, editor, photographer, or producer, to a significant number of articles, stories, programs, or publications’ in the past twenty years.” Does this mean that contributing to sites such as Truthout could qualify one as a journalist under this law?
Apparently, in an earlier version of the bill, the law defined “journalists so narrowly that it excludes bloggers, citizen reporters and even some freelancers,”[11] and thus the amendment was added. However, this amendment seems to leave more questions than answers.
In addition to this, many supporters of this bill have been using some rather bellicose language. For example, Senator Dianne Feinstein has been quoted as saying that “real journalists draw salaries”[12] and stating that the First Amendment is “a privilege,”[13] which is rather worrying.
On top of all these other problems, former U.S. Attorney General Michael Mukasey, has written that this bill would “give judges too much power to decide on their own whether the disclosure of the information would be contrary to the public interest and thus not protected.”[14] This means the issue of deciding whether or not information that is being withheld by journalists, say, sources for example, violates the public interest in the form of national security would be decided by judges. If the judges do decide that the information being withheld does violate the public interest, then the journalist would be forced to hand over that information.
While judges do from time to time uphold the rights of the people, they seem to have often sided with the national security state as of recent. For example in 2010, a federal appeals court “ruled that former prisoners of the C.I.A. could not sue over their alleged torture in overseas prisons because such a lawsuit might expose secret government information,”[15] last year, the US Supreme Court decided to “allow the National Security Agency’s surveillance of domestic telephone communication records to continue.”[16]
This year it was reported that the US Supreme Court “rejected [the Center for Constitutional Rights] lawsuit against Bush-era warrantless surveillance, which “guarantees that the federal courts will never address a fundamental question: Was the warrantless surveillance program the NSA carried out on President Bush’s orders legal?”[17] Thus, it seems that the situation of on whose side the courts would rule in a case regarding national security is rather iffy. This is made all the more strenuous by the fact that if a case were to make it up all the way to the Supreme Court and they ruled in favor of the US government, it has the potential to set a precedent which could only be overturned by an entirely new Supreme Court case.
As of now, there are conflicting reports about whether or not Chuck Shumer (D.-N.Y.) has the votes to pass the bill in the Senate, with Schumer saying he does and Sen. John Cornyn (R-Texas) saying he doesn’t.[19] However, if it does pass, there is no doubt about it going into law as Obama has already voiced his support for it.[20]
By essentially giving the government the power to define what a journalist is, it has the potential to hurt independent media when it is needed now more than ever. The mainstream media consistently sits on stories to please the US government. It was reported in 2006 that the New York Times made a decision to “[withhold] a story about the Bush administration’s program of illegal domestic spying until after the 2004 election.”[21] More recently, the US media reported again and again that the Syrian government had used chemical weapons in Ghouta and that the UN report confirmed it[22], when in reality, the question is still up in the air as new information has come to light that puts the official narrative in doubt.[23]
We need independent alternatives to the mainstream media like Corbett Report, Citizen Radio, and Black Agenda Report to allow people to get a glimpse behind the wall of misinformation that permeates much of the mainstream and get an idea of what is truly going on in the world. If this law gives the government the power to define who a journalist is, we may just lose that.
Notes
1: Society of Professional Journalists, Shield Law 101: Frequently Asked Questions, https://www.spj.org/shieldlaw-faq.asp
2: Rem Reider, “Media Shield Law Moves Forward,” USA Today, http://www.usatoday.com/story/money/business/2013/09/12/senate-judiciary-committee-approves-media-shield-bill/2807045/ (September 12, 2013)
3: Chris Palmer, Josh Stearns, “The Journalism Shield Law: How We Got Here,” Free Press, http://www.freepress.net/blog/2013/08/06/journalism-shield-law-how-we-got-here (August 6, 2013
4: Steven Nelson, “Holes in Media Shield Law Worry Opponents, and Even Some Supporters,” US News, http://www.usnews.com/news/articles/2013/09/18/holes-in-media-shield-law-worry-opponents-and-even-some-supporters (September 18, 2013)
5: Roger Yu, “Feds Seize AP Phone Records For Criminal Probe,” USA Today, http://www.usatoday.com/story/news/2013/05/13/justice-department-associated-press-telephone-records/2156521/ (May 13, 2013)
6: Zoë Carpenter, “Flawed Media Shield Law Goes to the Senate Floor,” The Nation, http://www.thenation.com/blog/176166/flawed-media-shield-law-goes-senate-floor (September 13, 2013)
7: Alex Newman, “FBI Celebrates Foiling Its Own Terrorist Plot, Again,” The New American, http://www.thenewamerican.com/usnews/crime/item/13263-fbi-celebrates-foiling-its-own-terror-plot-again (October 18, 2012)
8: Glenn Greenwald, ”The FBI Again Thwarts Its Own Terror Plot,” Salon, http://www.salon.com/2011/09/29/fbi_terror/ (September 29, 2011)
9: Tim Cushing, “Sen. Feinstein During ‘Shield’ Law Debate: ‘Real’ Journalists Draw Salaries,” Techdirt, https://www.techdirt.com/articles/20130807/13153224102/sen-feinstein-during-shield-law-debate-real-journalists-draw-salaries.shtml (August 8, 2013)
10: Kevin Gosztola, “Media Shield Law, Which Aims to Protect Only ‘Real Reporters,’ Moves Onward to the Senate,” Firedoglake, http://dissenter.firedoglake.com/2013/09/12/media-shield-law-which-defines-covered-journalists-moves-onward-to-the-senate/ (September 12, 2013)
11: Free Press, (August 6, 2013)
12: Morgan Weiland, “Why Sen. Feinstein Is Wrong About Who’s a ‘Real Reporter,’” Electronic Frontier Foundation, https://www.eff.org/deeplinks/2013/08/why-sen-feinstein-wrong-about-whos-real-reporter (August 9, 2013)
13: Mark Whitney, “Dianne Feinstein First Amendment Is A Special Privilege,” https://www.youtube.com/watch?v=bywtn9RIDRw
14: Jacob Gershman, “Mukasey: Beware the Proposed Media-Shield Law,” Wall Street Journal, http://blogs.wsj.com/law/2013/12/02/mukasey-beware-of-the-proposed-media-shield-law/ (December 2, 2013)
15: Charlie Savage, “Court Dismisses a Case Asserting Torture by C.I.A.,” New York Times, http://www.nytimes.com/2010/09/09/us/09secrets.html?pagewanted=all&_r=0 (September 8, 2010)
16: Bill Mears, “Supreme Court allows NSA to continue looking at telephone records for now,” CNN, http://www.cnn.com/2013/11/18/politics/supreme-court-nsa-phone-records/ (November 8, 2013)
17: Kevin Gosztola, “Supreme Court Declines to Hear Case That Would Have Challenged NSA Warrantless Surveillance of Lawyers,” Firedoglake, http://dissenter.firedoglake.com/2014/03/04/supreme-court-declines-to-hear-case-that-would-have-challenged-nsa-surveillance-of-lawyers/ (March 4, 2014)
18: Fox News, Schumer: Senate Has Votes for Media Shield Law, http://www.foxnews.com/politics/2014/03/21/schumer-senate-has-votes-for-media-shield-law/ (March 21, 2014)
19: Hadas Gold, “Cornyn: Schumer Doesn’t Have Votes for Shield Law,” Politico, http://www.politico.com/blogs/media/2014/03/cornyn-schumer-doesnt-have-votes-for-shield-law-185862.html (March 27, 2014)
20: David Jackson, “Obama backs ‘Shield Law’ for Reporters,” USA Today, http://www.usatoday.com/story/news/politics/2013/05/15/obama-schumer-associated-press-shield-law/2161913/ (May 15, 2013)
21: Barry Grey, David Walsh, “A Damning Admission: New York Times Concealed NSA Spying Until After 2004 Election,” World Socialist Web Site, http://www.wsws.org/en/articles/2006/08/nyti-a22.html (August 22, 2006)
22: Bill Chapel, “U.N. Report Confirms Chemical Weapons Were Used In Syria,” NPR, http://www.npr.org/blogs/thetwo-way/2013/12/12/250572623/u-n-report-confirms-chemical-weapons-were-used-in-syria (December 12, 2013)
23: Matthew Schofield, “New Analysis of Rocket Used In Syria Chemical Attack Undercuts U.S. Claims,” McClatchy, http://www.mcclatchydc.com/2014/01/15/214656/new-analysis-of-rocket-used-in.html (January 15, 2014)
Devon DB is a 22 year old independent writer and researcher. He can be contacted at devondb[at]mail[dot]com.
Settler shoots Palestinian as he tries to repair his car
International Solidarity Movement | April 8, 2014
Urif, Occupied Palestine – On Sunday 30th March on the road to Madama (near Nablus), 25-year-old Nidal, from the village of Urif, was fixing his car when a settler with a handgun shot him in the leg. 12 years ago, in the same area, Nidal and two friends were kidnapped and held for 17 hours by settlers from a nearby illegal settlement.
At approximately 9:00 pm, Nidal and a friend attempted to drive from their village of Urif to the city of Nablus. Before reaching the Huwarra checkpoint, they discovered that one of the tires on the car had a puncture. While they were fixing the tire, another car arrived on the other side of the road and stopped across from them.Nidal assumed it was a Palestinian stopping to offer his help, as he walked over to the car he realized that it was a settler, carrying a handgun. The settler shot Nidal in the calf and fled the area.
Nidal was losing a lot of blood, so his friend drove to the hospital without fixing the puncture, damaging the car. They arrived at Rafidia hosptial approximately15 minutes after the event. Nidal stayed in hospital for two days and will need to rest for at least three weeks to heal correctly.
This not the first time Nidal has suffered from settler violence. Twelve years ago, Nidal was 13-year-old and was playing outside Urif School with two friends. A group of settlers from what would become the illegal settlement of Yezhar arrived at the school and kidnapped the three children. The families and the Palestinian Authority worked hard to have the children released; while they were illegally detained settlers beat the children.
They were held in the settlement for 17 hours, denied food, water, and access to the bathroom. Eventually the President of the Palestinian Authority made a call for their release, and after 17 hours the Israeli army entered the settlement and finally released the children back to their families.
German forces raid offices of “Hezbollah affiliated” charity
Al-Akhbar | April 8, 2014
German authorities on Tuesday raided the offices of a charity organization that allegedly has ties to Lebanon’s Hezbollah movement, accusing it of raising money for the group.
Around 150 police officers searched premises across six states and confiscated cash, computers and around 40 boxes of files.
Two bank accounts with a total of around 60,000 euros were frozen but no arrests were made, the German interior ministry said.
The ministry said it had outlawed the “Waisenkinderprojekt Libanon” (Orphan Children Project Lebanon) with immediate effect.
“The name of the group masks its actual purpose,” ministry state secretary Emily Haber said in a statement.
She said the organization based in the western city of Essen had raised 3.3 million euros ($4.5 million) in donations between 2007 and 2013 for the Lebanese Shahid Foundation, which supports families of fallen Hezbollah fighters.
Haber claimed the funds were used to recruit fighters “to combat Israel, also with terrorist measures” and compensate the families of suicide bombers.
The statement did not cite its evidence. Hezbollah used to carry out suicide missions against Israeli occupation forces in South Lebanon prior to their retreat in 2000.
The group has not used that tactic since Israel pulled its army from Lebanon 14 year ago.
“Organizations that directly or indirectly from German soil oppose the state of Israel’s right to exist may not seek freedom of association protection,” Interior Minister Thomas de Maiziere said in the statement.
He said the group’s goals violated Germany’s constitution.
The European Union in July last year also listed Hezbollah’s so-called military wing as a “terrorist organization.” But the EU said it would continue to deal with Hezbollah as a political entity.
The German interior ministry said it had put Waisenkinderprojekt Libanon, which has about 80 members, under surveillance since 2009.
(AFP, Al-Akhbar)
Killer Drones in a Downward Spiral?
By Medea Benjamin and Kate Chandley | Dissident Voice | April 7, 2014
Illegal US drone strikes continue (the Long War Journal says there have been 8 drones strikes in Yemen so far in 2014), but efforts to curb the use of killer drones have made remarkable headway this year.
While the faith-based community has taken far too long to address the moral issues posed by remote-controlled killing, on February 13, the World Council of Churches — the largest coalition of Christian churches — came out in opposition to the use of armed drones. The Council said that the use of armed drones poses a “serious threat to humanity” and condemned, in particular, US drone strikes in Pakistan. This is a breakthrough in the religious community, and should make it easier for individual denominations to make similar pronouncements, as the Church of the Brethren has.
There have also been major developments in the secular world. In February, the European Union, with an overwhelming vote of 534-49, passed a resolution calling on EU Member States to “oppose and ban the practice of extrajudicial targeted killings” and demanding that EU member states “do not perpetrate unlawful targeted killings or facilitate such killings by other states.” This resolution will pressure individual European nations to stop their own production and/or use of killer drones (especially the UK, Germany, Italy and France), and to stop their collaboration with the US drone program.
People on the receiving end of US drone strikes have also stepped up their opposition. On April 1, a group of friends and family of drone strike victims in Yemen came together to form the National Organization for Drone Victims. This is the first time anywhere that drone strike victims have created their own entity to support one another and seek redress. The organization plans to conduct its own investigations, focusing on the civilian impact of drone attacks. At the official launch, which was packed with press, the group said any government official supporting the US drones should be tried in a criminal court. “Today, we launch this new organization which will be the starting point for us to get justice and to take legal measures on a national and international scale against anyone who is aiding these crimes,” said the organization’s president Mohammad Ali al-Qawli, whose brother was killed in a drone strike.
The Pakistani government has taken its opposition to drone strikes directly to the UN Human Rights Council. Pakistan, with the co-sponsorship of Yemen, introduced a resolution calling for transparency in drone strikes and for setting up a committee of experts to address the legal issues. Despite the opposition of the United States, which boycotted the talks and lobbied to kill the resolution, it passed on March 24 by a vote of 27-6, with 14 abstentions. The panel of experts that will be convened is scheduled to present its findings at the UN Human Rights Council session in September 2014.
UN Special Rapporteur on Terrorism, Ben Emmerson, also used this session of the UN Human Rights Council to release a detailed report on the issue of drones. Emmerson examined 37 instances of drone strikes in which civilians were reportedly killed or injured and concluded that nations using drones must provide a “public explanation of the circumstances and a justification for the use of deadly force.” Emmerson said it was critical for the international community to reach a consensus on many issues presented by drones strikes, including state sovereignty and whether it is legal to target a hostile person in a non-belligerent state.
These new developments have come about due to increasing public scrutiny and protests against drone attacks, such as the ongoing protests at the Hancock, Beale, and Creech Air Force Bases, the headquarters of drone manufacturer General Atomics, the White House, CIA, Congress and the Pentagon. The entire month of April has been designated for Days of Action, with film showings, talks, die-ins, re-enactments of drone strikes and other creative actions happening throughout the country.
Activists opposing weaponized drones are pleased to finally see more movement at the international level, and hope this will result in heightened pressure on the Obama administration, both internationally and domestically, to stop its policy of targeted assassinations and instead adhere to the rule of law.