Israeli Attorney General Avichai Mendelblit has joined a lawsuit by an army reservist against Palestinian filmmaker Mohammad Bakri, over the latter’s 2002 film “Jenin, Jenin”.
According to a report in Haaretz, “the unusual move” will see the top legal official support Nissim Meghnagi’s defamation of character suit against the acclaimed director due to the “public interest in the case”. The paper says this is a “rarely exercised” privilege of the Attorney General.
Meghnagi is a veteran of “Operation Defensive Shield”, which saw Israeli occupation forces conduct large-scale attacks on Palestinian population centres. In Jenin refugee camp, more than 50 residents were killed, including some two dozen non-combatants.
In 2016, Meghnagi sued Bakri for 2.6 million shekels ($0.74 million), claiming that “he appears in and was named in the movie, and that the film libelled Israeli soldiers by presenting them as war criminals”.
“Bakri argues that the purpose of the suit is persecution and political silencing, and says the case is without merit”, reported Haaretz, since Meghnagi only appears on camera for a few seconds, and “he cannot be identified as the person behind the deeds described in the movie”.
Haaretz says that “Mendelblit’s announcement throwing his weight behind the suit followed requests from Meghnagi himself and from Israel Defence Force Chief of Staff Lt. Gen. Gadi Eisenkot.”
Five years ago, a district court rejected a lawsuit by five other soldiers who participated in “Operation Defensive Shield”, a decision upheld by the Supreme Court.
Then Attorney General Menachem Mazuz sided with the soldiers, but Mendelblit said in his announcement that “in contrast to the previous proceedings, this plaintiff actually appears in the movie while the narrator accuses the Israeli soldiers of looting”.
Did Barack Obama arm ISIS? The question strikes many people as absurd, if not offensive. How can anyone suggest something so awful about a nice guy like the former president? But a stunning report by an investigative group known as Conflict Armament Research (CAR) leaves us little choice but to conclude that he did.
CAR, based in London and funded by Switzerland and the European Union, spent three years tracing the origin of some 40,000 pieces of captured ISIS arms and ammunition. Its findings, made public last week, are that much of it originated in former Warsaw Pact nations in Eastern Europe, where it was purchased by United States and Saudi Arabia and then diverted, in violation of various rules and treaties, to Islamist rebels seeking to overthrow Syrian President Bashar al-Assad. The rebels, in turn, somehow caused or allowed the equipment to be passed on to Islamic State, which is also known by the acronyms ISIS or ISIL, or just the abbreviation IS.
This is damning stuff since it makes it clear that rather than fighting ISIS, the U.S. government was feeding it.
But CAR turns vague when it comes to the all-important question of precisely how the second leg of the transfer worked. Did the rebels turn the weapons over voluntarily, involuntarily, or did they somehow drop them when ISIS was in close proximity and forget to pick them up? All CAR will say is that “background information … indicates that IS [Islamic State] forces acquired the materiel through varied means, including battlefield capture and the amalgamation of disparate Syrian opposition groups.” It adds that it “cannot rule out direct supply to IS forces from the territories of Jordan and Turkey, especially given the presence of various opposition groups, with shifting allegiances, in cross-border supply locations.” But that’s it.
If so, this suggests an astonishing level of incompetence on the part of Washington. The Syrian rebel forces are an amazingly fractious lot as they merge, split, attack one another and then team up all over again. So how could the White House have imagined that it could keep weapons tossed into this mix from falling into the wrong hands? Considering how each new gun adds to the chaos, how could it possibly keep track? The answer is that it couldn’t, which is why ISIS wound up reaping the benefits.
But here’s the rub. The report implies a level of incompetence that is not just staggering, but too staggering. How could such a massive transfer occur without field operatives not having a clue as to what was going on? Was every last one of them deaf, dumb, and blind?
Not likely. What seems much more plausible is that once the CIA established “plausible deniability” for itself, all it cared about was that the arms made their way to the most effective fighting force, which in Syria happened to be Islamic State.
This is what had happened in Afghanistan three decades earlier when the lion’s share of anti-Soviet aid, some $600 million in all, went to a brutal warlord named Gulbuddin Hekmatyar. Hekmatyar was a raging bigot, a sectarian, and an anti-western xenophobe, qualities that presumably did not endear him to his CIA handlers. But as Steve Coll notes in Ghost Wars, his bestselling 2004 account of the CIA’s love affair with Islamic holy war, he “was the most efficient at killing Soviets” and that was the only thing that mattered. As one CIA officer put it, “analytically, the best fighters – the best-organized fighters – were the fundamentalists” that Hekmatyar led. Consequently, he ended up with the most money.
After all, if you’re funding a neo-medieval uprising, it makes sense to steer the money to the darkest reactionaries of them all. Something similar occurred in March 2015 when Syrian rebels launched an assault on government positions in the northern province of Idlib. The rebel coalition was under the control of Jabhat al-Nusra, as the local branch of Al Qaeda was known at the time, and what Al-Nusra needed most of all were high-tech TOW missiles with which to counter government tanks and trucks.
Arming Al Qaeda
So the Obama administration arranged for Nusra to get them. To be sure, it didn’t provide them directly. To ensure deniability, rather, it allowed Raytheon to sell some 15,000 TOWs to Saudi Arabia in late 2013 and then looked the other way when the Saudis transferred large numbers of them to pro-Nusra forces in Idlib. [See Consortiumnews.com’s “Climbing into bed with Al-Qaeda.”] Al-Nusra had the toughest fighters in the area, and the offensive was sure to send the Assad regime reeling. So even though its people were compatriots with those who destroyed the World Trade Center, Obama’s White House couldn’t say no.
“Nusra have always demonstrated superior planning and battle management,” Yezid Sayigh, a senior associate at the Carnegie Middle East Center in Beirut, said a few weeks later. If the rebel coalition was successful as a whole, it “was entirely due to their willingness to work with Nusra, who have been the backbone in all of this.”
Scruples, assuming they existed in the first place, fell by the wayside. A senior White House official toldThe Washington Post that the Obama administration was “not blind to the fact that it is to some extent inevitable” that U.S. weapons would wind up in terrorist hands, but what could you do? It was all part of the game of realpolitik. A senior Washington official crowed that “the trend lines for Assad are bad and getting worse” while The New York Times happily noted that “[t]he Syrian Army has suffered a string of defeats from re-energized insurgents.” So, for the master planners in Washington, it was worth it.
Then there is ISIS, which is even more beyond the pale as most Americans are concerned thanks to its extravagant displays of barbarism and cruelty – its killing of Yazidis and enslavement of Yazidi women and girls, its mass beheadings, its fiery execution of Jordanian fighter pilot Moaz al-Kasasbeh, and so on.
Yet U.S. government attitudes were more ambivalent than most Americans realized. Indeed, the U.S. government was strictly neutral as long as ISIS confined itself to attacking Assad. As a senior defense official told the Wall Street Journal in early 2015: “Certainly, ISIS has been able to expand in Syria, but that’s not our main objective. I wouldn’t call Syria a safe haven for ISIL, but it is a place where it’s easier for them to organize, plan, and seek shelter than it is in Iraq.”
In other words, Syria was a safe haven because, the Journal explained, the U.S. was reluctant to interfere in any way that might “tip the balance of power toward Syrian President Bashar al-Assad, who is fighting Islamic State and other rebels.” So the idea was to allow ISIS to have its fun as long as it didn’t bother anyone else. For the same reason, the U.S. refrained from bombing the group when, shortly after the Idlib offensive, its fighters closed in on the central Syrian city of Palmyra, 80 miles or so to the east. This was despite the fact that the fighters would have made perfect targets while “traversing miles of open desert roads.”
As The New York Times explained: “Any airstrikes against Islamic State militants in and around Palmyra would probably benefit the force of President Bashar al-Assad. So far, United States-led airstrikes in Syria have largely focussed on areas far outside government control, to avoid the perception of aiding a leader whose ouster President Obama has called for.” [See Consortiumnews.com’s “How US-Backed War on Syria Helped ISIS.”]
Looting Palmyra
The United States thus allowed ISIS to capture one of the most archeologically important cities in the world, killing dozens of government soldiers and decapitating 83-year-old Khalid al-Asaad, the city’s retired chief of antiquities. (After looting and destroying many of the ancient treasures, ISIS militants were later driven from Palmyra by a Russian-backed offensive by troops loyal to President Assad.)
Obama’s bottom line was: ISIS is very, very bad when it attacks the U.S.-backed regime in Iraq, but less so when it wreaks havoc just over the border in Syria. In September 2016, John Kerry clarified what the administration was up to in a tape-recorded conversation at the U.N. that was later made public. Referring to Russia’s decision to intervene in Syria against ISIS, also known by the Arabic acronym Daesh, the then-Secretary of State told a small knot of pro-rebel sympathizers:
“The reason Russia came in is because ISIL was getting stronger. Daesh was threatening the possibility of going to Damascus and so forth, and that’s why Russia came in, because they didn’t want a Daesh government and they supported Assad. And we know this was growing. We were watching. We saw that Daesh was growing in strength, and we thought Assad was threatened. We thought, however, we could probably manage, that Assad might then negotiate. Instead of negotiating, he got … Putin in to support him. So it’s truly complicated.” (Quote starts at 26:10.)
“We were watching.” Kerry said. So, by giving ISIS free rein, the administration hoped to use it as a lever with which to dislodge Assad. As in Afghanistan, the United States thought it could use jihad to advance its own imperial interests. Yet the little people – Syrian soldiers, three thousand office workers in lower Manhattan, Yazidis, the Islamic State’s beheading of Western hostages, etc. – made things “truly complicated.”
Putting this all together, a few things seem clear. One is that the Obama administration was happy to see its Saudi allies use U.S.-made weapons to arm Al Qaeda. Another is that it was not displeased to see ISIS battle Assad’s government as well. If so, how unhappy could it have been if its allies then passed along weapons to the Islamic State so it could battle Assad all the more? The administration was desperate to knock out Assad, and it needed someone to do the job before Vladimir Putin stepped in and bombed ISIS instead.
It was a modern version of Henry II’s lament, “Who will rid me of this meddlesome priest?” The imperative was to get rid of Assad; Obama and his team had no interest in the messy details.
None of which proves that Obama armed ISIS. But unless one believes that the CIA is so monumentally inept that it could screw up a two-car funeral, it’s the only explanation that makes sense. Obama is still a congenial fellow. But he’s a classic liberal who had no desire to interfere with the imperatives of empire and whose idea of realism was therefore to leave foreign policy in the hands of neocons or liberal interventionists like Secretaries of State Hillary Clinton and John Kerry.
If America were any kind of healthy democracy, Congress would not rest until it got to the bottom of what should be the scandal of the decade: Did the U.S. government wittingly or unwittingly arm the brutal killers of ISIS and Al Qaeda? However, since that storyline doesn’t fit with the prevailing mainstream narrative of Washington standing up for international human rights and opposing global terrorism, the troublesome question will likely neither be asked nor answered.
Daniel Lazare is the author of several books including The Frozen Republic: How the Constitution Is Paralyzing Democracy (Harcourt Brace).
This is, unfortunately, no surprise at all. It happens every time that a key surveillance provision is set to sunset. Rather than have any real public debate about it, the “surveillance hawks” in Congress refuse to do anything until there are just weeks left until the provision would expire… and then try to ram through a renewal. And, indeed, that’s exactly what’s happening. While people who are concerned about these surveillance powers have been urging debate on possible reform for basically two years, Congress has mostly ignored all such requests. Instead, they pushed for a very weak “reform” bill… and then did nothing about it for months. And now, they apparently announced just last week a plan to vote on a toothless bill today. No debate, no notice, no discussion. As EFF notes, this bill is bad:
As we wrote, the bill, originally introduced by Chairman Devin Nunes before the House Permanent Select Committee on Intelligence, “allows warrantless search of American communications, expands how collected data can be used, and treats constitutional protections as voluntary.”
The bill would create an easy path for the NSA to restart an invasive type of surveillance (called “about” searches) that the agency voluntarily ended earlier this year because of criticisms from the FISA court. It would also give FBI agents the power to decide whether or not to seek a warrant to read American communications collected under Section 702.
Of course, it’s particularly ridiculous that it’s Nunes pushing for this broad renewal of Section 702. While he has a very long history of actively misleading the public about what the NSA can actually do, he was also the one who flipped out when he found out that Section 702 was used (legally under the law) to conduct surveillance that swept in the communications of General Mike Flynn’s calls with Russians. And yet, here he is, making sure that that power continues, without restrictions, suggesting that maybe (just maybe) his public wailing about the surveillance on Flynn was political theater, rather than legitimate concern.
EFF has set up a page to let you contact your Representative to let them know to vote against the bill. Unfortunately, when surveillance hawks started screaming in Congress about how failing to pass this bill will “harm national security” and “put us at risk of terrorist attacks” or “take away a key NSA tool” many Congress members who aren’t knowledgeable about the details will reflexively vote for the bill. Check out the EFF’s page and make sure that your elected representative knows that this is a bad bill that wrecks the 4th Amendment rights of Americans and allows for massive domestic surveillance.
In case you want a refresher, a few months back we wrote about an an important report by Marcy Wheeler detailing twelve years of NSA surveillance abuse, much of it done under this 702 program that is set to expire at the end of the year, and which this new bill seeks to renew without any real change. Please read up and let your elected representatives know not to support this bill.
The UN General Assembly has overwhelming adopted a resolution calling on the US to reverse its decision to recognize Jerusalem as the capital of Israel. One hundred and twenty-eight countries voted in favor of the motion.
Nine states voted against the UN resolution and 35 nations abstained.
Turkey, which has led the Muslim opposition to the US Jerusalem declaration, was among the first to speak at the meeting. Turkish Foreign Minister Mevlut Cavusoglu stressed that only a two-state solution and sticking to the 1967 borders can be a foundation for a lasting peace between Israel and Palestine. The minister said that since Jerusalem is the cradle for the “three monotheistic religions,” all of humanity should come together to preserve the status quo.
“The recent decision of a UN member state to recognize Jerusalem as the capital of Israel violates the international law, including all relevant UN resolutions. This decision is an outrageous assault on all universal values,” Cavusoglu said.
US envoy to the UN Nikki Haley said that whatever decision is made by the UNGA, it will not influence Washington’s decision to recognize Jerusalem as the capital of Israel. Haley reminded UN members of the US’ generous contributions to the organization and said that the United States expects its will to be respected in return.
“When we make a generous contributions to the UN, we also have a legitimate expectation that our goodwill is recognized and respected,” Haley said, adding that the vote will be “remembered” by the US and “make a difference on how the Americans look at the UN.”
Israeli envoy to the UN Danny Danon stated that Israel considers Jerusalem its capital, dating back to Biblical times, and the US decision only outlines the obvious. Danon went further and accused the UN of “double standards” and an “unbreakable bond of hypocrisy” with Palestine and prejudice against Israel.
“Those who support today’s resolution are like puppets. You’re puppets pulled by the strings of your Palestinian puppet masters. You’re like marionettes forced to dance, while the Palestinian leadership looks on with glee,” Danon told the gathering.
The US leadership earlier voiced threats towards UN member states which would back the UN resolution against its Jerusalem decision. Haley said Washington would be “taking names.”
Trump also suggested that countries which vote in favor of the resolution at the UN General Assembly will lose money. “Let them vote against us,” he said. “We’ll save a lot. We don’t care. But this isn’t like it used to be where they could vote against you and then you pay them hundreds of millions of dollars… we’re not going to be taken advantage of any longer.”
The US threats were condemned by Turkey, with the country’s President Recep Tayyip Erdogan stating that Trump “cannot buy Turkey’s democratic will.”
“I hope and expect the United States won’t get the result it expects from there (the UN General Assembly) and the world will give a very good lesson to the United States,” Erdogan said during a speech in Ankara on Thursday ahead of the meeting.
On Monday, the US vetoed a UN Security Council (UNSC) resolution on Jerusalem, which had demanded that the American decision to recognize the city as the Israeli capital be withdrawn. All other UNSC members voted in favor of the document.
Today in Too Long Don’t Read : It’s hard to tell what’s going on in the world, isn’t it? Whom do you believe when there are competing, totally irreconcilable narratives out there? Are the White Helmets heroes or villains? The mainstream narrative has them as a neutral, unarmed, grassroots (and Oscar-winning) humanitarian group with no political affiliations, nominated for a Nobel Peace Prize.
Independent journalists, notably Vanessa Beeley, Eva Karene Bartlett, Patrick Henningsen, and Khaled Iskef, among a few others, suggest a radically different picture, in which the White Helmets are nothing more than a propaganda front for terrorist groups like the Al Nusra Front.
The Guardian, in defense of the heroic narrative, just published a piece by Olivia Solon that turns the propaganda charge against the critics of the White Helmets and refers to them as “a network of anti-imperialist activists, conspiracy theorists and trolls with the support of the Russian government.”
I read this article with great interest, wondering whether it would actually back-up its claims and refute the allegations head on. That is what it would do if it were actual journalism. It would give a fair accounting of the allegations and assess the evidence behind them. If it found the evidence lacking, it would say why, it would offer context, additional evidence, show why the supposed facts were wrong, etc. That would be journalism.
Solon didn’t do that. She mentioned only one video, the so-called Mannequin Challenge piece, and dismissed it as simply the stupid mistake the White Helmets and their apologists said it was. As for the few cases of White Helmet involvement in terrorist activity that Solon did acknowledge, she dismissed these as a case of a few bad apples that left the overall courageous heroic narrative intact.
Watch White Helmets “Mannequin Challenge” spoof rescue video:
How can we tell what’s going on in the world? I feel that one way is to examine the way narratives are defended, and the way challenges are treated. What Solon has done is not journalism. Her work does nothing to examine or investigate seriously. It only tries to dismiss and defame with tired old negative buzzwords like “conspiracy theory” or new ones like “Russia” — never mind that the three main journalists she offers in support of her Russian operation CONSPIRACY THEORY are from the UK, Australia, and Canada.
There is no substantive analysis at all. Nothing. Meanwhile she uncritically and with a straight face describes the US-backed mayhem-generating team of mercenaries and fanatics as an effort to “stabilize” Syria. The piece also contains serious errors, e.g., Patrick Henningsen is NOT an editor at Infowars. Since it is not true, somebody had to have made it up. Is that an innocent mistake, or a cheap attempt to discredit? All of this tells us something about Solon and the Guardian and our media generally and these are clues to what is going on in the world. Look at what is and is not there. Listen to the dogs that are not barking here.
What else did she leave out? Was it anything important? I’ve taken the liberty of compiling a skeletal, condensed list of some of the important, credible allegations and facts that, to my mind, deserve more attention and investigation than the glib, contemptuous dismissals offered by the likes of Olivia Solon.
These are all taken from articles by Vanessa Beeley except where noted. If I’ve gotten anything wrong I hope she or someone else will correct me. Now, if you believe Solon, you’ll dismiss all of it in one fell swoop: “Well that’s Beeley! She’s appeared on RT for god’s sake!” And that is exactly the desired effect, I presume, of articles like Solon’s. To cancel out reams of evidence by impugning the messengers with what amounts to fear-mongering and slander.
But the thing is, you don’t have to take Beeley’s word for it. If you follow the links to her articles, you can see the photos and the videos and find the documentation yourself. For now, just have a look at the list. It’s simplified. You’ll have to follow the links if you want more details. But just have a look. These are things Solon couldn’t, wouldn’t, and didn’t deal with in her hack job hit piece. There may be alternative interpretations of some of the photos and videos, and they might make an interesting argument. Solon unfortunately chose not to do that, however, and while she couldn’t be expected to cover everything in one newspaper article, see if you think credible journalism would ignore all of this:
THE CONDENSED CASE AGAINST THE WHITE HELMETS
All from Vanessa Beeley’s two articles unless other sources are mentioned:
1: White Helmets were started and largely trained not in Syria but in Turkey and Jordan, by James le Mesurier, a former British military intelligence officer who went on to become Vice President for Special Projects at the Olive Group, “a private mercenary organization that has since merged with Blackwater-Academi into what is now known as Constellis Holdings.”
2: White Helmets receive substantial funding from the US, the UK, and the EU, at least $150 million over 3 years, from the same parties that are supporting the rebels/terrorists. No political ties?
3: White Helmets only ever operated in territory controlled by terrorist groups like Al Nusra Front, ISIS, and Nour Al Din Zinki, the latter are notorious for filming themselves torturing and beheading a 12-year-old boy. When those groups are forced to move, the White Helmets move with them, often in the same buses, as when they abandoned East Aleppo.
Mohammad Jnued, White Helmet and Nusra Front supporter. (Collage taken from his Facebook account)
4: The White Helmet leader, Raed Saleh, is tied to extremists, a fact acknowledged even by the State Department’s Mark Toner. Saleh was actually deported from the US out of Dulles Airport in April 2016, with no reason being disclosed. He is a close colleague of Mustafa Al Haj Yussef, another White Helmets leader, whose social media accounts show him openly declaring allegiance to Ahrar Al Sham, calling for unity with Al Nusra, advocating the shelling and execution of civilians and other equally charming practices. Actually a recent survey of social media activity carried out by the Syrian War Blog has conservatively identified 65 White Helmet operatives who have professed their membership of, or alliance with, extremist groups like Ahrar Al Sham and Nusra Front or even ISIS.
5: The White Helmet group in East Aleppo was established by the president of the UK-funded East Aleppo Council (EAC), Abdulaziz Maghrabi, often photographed with, offering support for, and maintaining active militant membership with terrorist groups Abu Amara and Nusra Front.
Abdulaziz Maghrabi (circled) with Abu Amara, one of the most brutal terrorist organisations in East Aleppo working as “security” for Nusra Front aka Al Qaeda in Syria. (Photo from Maghrabi’s Facebook account)
6: White Helmets in Idlib were photographed taking part in demonstrations and calling for the “burning and destruction” of the towns Kafarya and Foua, which resisted occupation by the terrorists and suffered a siege that deprived its citizens of food, water, and medicine in addition to attacks that killed some 1300 residents. White Helmets also participated in luring children evacuated from these towns off their buses to their death by a truck bomb in an event known as the Rashideen Massacre.
On the left White Helmets are carrying banners calling for burning of Kafarya and Foua, two Shia Muslim villages in Nusra Front controlled Idlib. On right post taken from the Facebook account of White Helmet, Abdul Halim al Shehab “Exterminate Kafarya”.
7:Muawiya Hassan Aghawas present at Rashideen, and he later became infamous for his involvement in the execution of two prisoners of war in Aleppo. For this rogue bad appleness he was supposedly fired from the White Helmets, although he was later photographed still with them. He has also been photographed celebrating “victory” with Nusra Front in Idlib. There have been at least three other executions on video that show White Helmet involvement, not just being present and immediately cleaning up, but celebrating, mistreating bodies, and otherwise not acting in a manner consistent with being a neutral humanitarian group.
White Helmets in Idlib, celebrating with Nusra Front. Muawiya is on left in hi-viz jacket. (Photo: screenshot from Nusra Front video)
8: Videos show White Helmets participating in Nusra Front operations, e.g., joining in the beating and encirclement of a Syrian civilian, thoroughly mingling in with heavily armed Nusra terrorists.
9: The main White Helmets center in East Aleppo was integrated into the Nusra Front compound, and was adorned with a variety of graffiti and flags affirming the White Helmet affiliation to various terrorist groups, but predominantly Nusra Front.
Watch video by Pierre Le Corfshowing the proximity of White Helmet centre in Sakhour to Nusra Front headquarters:
10: Numerous civilian witnesses from Aleppo were unfamiliar with the term White Helmets but knew the group as the Nusra Front Civil Defense and reported its participation in executions and atrocities.
11: On multiple occasions, the White Helmets have been exposed staging rescue scenes for both photo and video, recycling images in multiple propaganda pieces.
12:Swedish Doctors for Human Rights analyzed a White Helmets video report and concluded “the measures inflicted upon those children, some of them lifeless, are bizarre, non-medical, non-lifesaving, and even counterproductive in terms of life-saving purposes…[including measures that] would have resulted in the death of the child, if not already dead.” The implication is that the White Helmets may have actually killed children and/or were using already-dead children “as propaganda props.”
13: The White Helmets have been filmed describing Syrian Arab Army bodies as “trash” and one particular video shows them flashing “V” signs while standing on bodies of Syrian soldiers piled onto a truck.
14: Many photos show White Helmet operatives carrying arms or posing, armed, with rebel groups including Nusra Front. At least one of them, Mo’ad Baresh, who was killed fighting against the Syrian Army, was an active rebel/terrorist while also a member of White Helmets.
15: The White Helmets claim to have saved over 90,000 lives but there is zero documentation of these lives — no names, no records of any kind.
16: The White Helmets’ critics cannot be described or dismissed as comprising only “fringe” voices. Eminent prize-winning journalist and filmmaker John Pilger described the White Helmets as “a complete propaganda construct.”
These are all things that can be looked up and verified, much of it is in photographs and videos, other bits are first-hand accounts from Syrian people via reporters who bothered to go there instead of reprinting Pentagon press releases. Solon and the Guardian do not even hint at the existence of a body of evidence like this, let alone debunk it.
If they had only tried, and made an honest effort, then an informative debate might have ensued. I am all ears for counter arguments. Let us subject all of this to scrutiny, by all means. Maybe there are errors, mistranslations, missing context, mistakes. If truth is what we’re after, we confront criticism squarely, not weasel away from it or ignore it.
The once-respectable Guardian declines the invitation, preferring to smear and ignore, a choice that speaks sad volumes about the paucity of arrows in its quiver. The whole thing suggests, I think, that we ought to consider that what has happened before — in the Cold War, in Vietnam, in Iraq — is happening again: that people with an interest in war are offering a narrative of lies for hearts, minds, and resources. To put it another way, we might want to consider seriously the possibility that they are gaslighting the hell out of us.
Screenshot taken from UK Column report on the Guardian clumsy hit piece.
In a highly significant diplomatic gesture, India showed solidarity with Russia in the UN General Assembly vote on Tuesday, which condemned the human rights situation in Crimea and Sevastopol. The resolution, which was proposed by Ukraine and backed by the western powers was passed by 70 votes, with 76 countries abstaining and 26 opposing.
Interestingly, India was the only country from South Asia to oppose the resolution – Pakistan and Sri Lanka abstained – and one of just three from Asia-Pacific to do so – the others being China and Myanmar. The line-up of voting had the ominous look of an epic ‘East-West’ battle of a bygone era. There is no issue that can be more important for Russian foreign policy today than Ukraine. And US pressure is building up on Russia lately. From the US perspective, there is no better way to whip up the enemy image of Russia and shepherd dispirited European allies behind its transatlantic leadership than by rekindling the embers in eastern Ukraine. (Read my earlier blog US-EU-Russia tensions spill over the Ukraine.)
This has been, therefore, a brilliant assertion of India’s independent foreign policies. Simply put, the Modi government took a deliberate decision to stand up and be counted as Russia’s friend – although President Trump had just the previous day issued a birth certificate to India as ‘global power’. This would have been a decision taken at a political level – probably even at the highest level — because these are extraordinary times when Nikki Haley keeps a note pad to jot down where individual countries stood on issues of vital interest to the American foreign policy and, presumably, she is under instruction to report directly to the boss. (BBC)
India has traditionally taken a dim view of the intrusive western attempts to use the pretext of human rights to politicize regional issues. But then, this is not like any other issue. Nothing brings it home [more] than the curious coincidence that even as the UN General Assembly vote on Crimea got under way, the US state department disclosed in Washington that the Trump administration has decided to cross the ‘red line’ in Ukraine. (Canada, which usually does the foreplay for the US, took a similar decision last week.) Moscow has repeatedly warned Washington against precipitating a flare-up in Ukraine by arming the forces of ultra-nationalists and neo-Nazis who double as the ‘army’ in Kiev.
But Russia apparently anticipated the US move. In fact, there were far too many tell-tale signs that couldn’t be overlooked. Reports have been appearing of Ukrainian troop movements on the Donbas front. The Russian monitors within the OSCE group were being prevented from physically accessing the frontline. At a meeting of the OSCE Permanent Council in Vienna on December 14, the Russian ambassador detailed the violations of the Minsk agreement protocol by the Ukrainian forces. (Transcript) On December 19, Moscow announced that it was withdrawing the Russian officers in the monitoring group, since “further work of the Russian Armed Forces’ mission at the Centre has become impossible.” (MFA)
A concerted attempt seems to have begun to ‘activate’ the front in Eastern Ukraine. Smarting under the humiliating defeat in the project to overthrow the Assad regime in Syria, Washington is blackmailing Moscow.
The US National Security Advisor HR McMaster recently hinted at a new doctrine of ‘competitive engagement’ of Russia. Possibly, the generals in the Trump administration see the situation in Ukraine through the Cold War prism with a zero sum mindset. That will be a catastrophic mistake. Putin recently warned of massacres worse than Srebrenica if violence flares up again in Ukraine. But then, if there is another refugee problem, it will be after all Germany’s headache – not Trump’s.
Now, what could be the Russian counter-move? For sure, President Vladimir Putin would have thought through a long time ago already what should be the next step and the step thereafter and the step even thereafter if Trump refuels the conflict in Ukraine.
The Washington Post reports President Donald Trump has approved providing lethal weapons to Ukraine’s armed forces.
Specifically, according to the report, the decision opens the door for delivery of items like Model M107A1 sniper systems and ammunition, plus associated parts and equipment, with a value of $41.5 million. At the same time, presidential approval is reportedly still being withheld from providing Javelin man-held anti-tank missiles, which Kiev also wants.
The decision to provide lethal “defensive” weapons comports with repeated Congressional authorizations, passed with overwhelming bipartisan support since 2014. While former President Barack Obama declined to act on those authorities, President Trump evidently has now done so.
With regard to the domestic political purposes of the decision, it seems to be another Trump effort to appear wisely Solomonic by “splitting the baby”: look “strong” by making a muscular judgment but don’t go all the way. It’s the same ploy he used in recognizing Jerusalem as Israel’s capital (but not yet moving the US embassy, which he could easily do by switching the plaques of the US Consulate General in West Jerusalem with the current embassy in Tel Aviv) and by “de-certifying” the Iran deal (but not pulling the US out of it, yet).
For arming Ukraine, we can be sure Trump will be heaped with praise from the same domestic sectors that for more than a year have been denouncing him as “Putin’s puppet.” While there will be objections from antiwar dissidents – whose opinions don’t count – the only point of criticism from the establishment will be that he hasn’t yet gone far enough (the Javelins).
This has already begun, with Michael Carpenter, Barack Obama’s former Deputy Assistant Secretary of Defense for Russia, Ukraine, Eurasia, the Balkans, and conventional arms control, tweeting his approval of Secretary of Defense James Mattis for his role in the decision.
It’s reminiscent of the plaudits Trump received in April following his order to hit a Syrian airbase with cruise missiles in retaliation for a chemical attack that almost certainly was not committed by Syrian government forces. For example, at that time, CNN’s Fareed Zakaria, up to then uniformly a harsh critic who had derided Mr. Trump’s “rocking horse presidency” as a “circus,” intoned the next day: “I think Donald Trump became President of the United States last night.” Expect more of such hosannas in the coming days.
Carpenter’s mention of Mattis is significant. According to the Post report, Trump approved sending the arms to Ukraine by signing off on a decision memorandum presented by Mattis and Secretary of State Rex Tillerson. (It is certain that National Security Adviser H.R. McMaster also concurred, or the memo would not have been given to the President.) As Carpenter would know (and as I would know, having had a hand in drafting State Department decision memoranda), the principal almost always signs off on the decision option preferred by the subordinates who drafted the memo. While Trump no doubt understands the gravity of the decision, his grasp of the details would be no more than what his underlings wanted him to know to point him to their favored outcome.
The Ukraine decision comes two days after the release of a US National Security Strategy (NSS) that could be best called confused. Pillar I (defense of American borders and tightening immigration controls to keep dangerous people out) and Pillar II (ending unfair trade practices and restoring America’s industrial base) are solid “America First” principles from Trump’s campaign and a repudiation of the Democratic and Republican establishments.
But Pillar III could have been drafted by any group of George W. Bush retreads – and no doubt was – or for that matter by Obama holdovers. It is little more than a rehash of the usual litany of “threats” from China, Russia, North Korea, Iran, etc. Still, in his speech unveiling the NSS Trump made a point of acknowledging Russian President Vladimir Putin’s thank you call for reportedly providing intelligence information from the CIA to thwart a terrorist attack on St. Petersburg’s Kazan Cathedral. (One can’t help but wonder if the whole story was intended as a cover for some backroom effort to improve Washington-Moscow ties. After all, since the American side would never abide “thanking the Russians” for anything, having the Russians thank the US for something would be a sensible approach.)
In short, as with his Jerusalem and Iran nuclear moves, Trump’s Ukraine decision was mainly calculated for domestic political effect in the United States. Read most optimistically, it could be intended as political “protection” for some kind of positive move concerning Russia. But in the meantime, it could have consequences. How serious they might be remains to be seen.
First, the very notion of “defensive” weapons is a myth. Weapons kill. The units approved for sale to Ukraine are designed for use as anti-materiel rifles, but they can also be used as anti-personnel weapons. Their very nature is offensive, though their tactical use can be either offensive or defensive. Trump’s decision to supply the sniper systems to Kiev will not have any impact on the strategic situation on the ground in eastern Ukraine. Its only likely consequence is that more people will die, as Ukrainian forces use their new equipment to probe for vulnerabilities on the line of control. Forces of the Donetsk and Lugansk republics will respond in kind.
Second, the decision will have no positive influence on the political stalemate over the Donbas. With no effort from Kiev to implement the political aspects of the Minsk 2 agreement and with sporadic killing continuing – and now possibly being stepped up – along the front line, a political solution will be farther away as ever. Instability in Kiev, fed by the antics of the clownish former Georgian President Mikhail Saakashvili in his effort to topple the unpopular President Petro Poroshenko, makes serious political engagement all but impossible. Inside Ukraine, the only direct political consequence of Trump’s action will be to convince the Donbas even more – if that is possible – that no rapprochement with Kiev is possible.
Jim Jatras is a former US diplomat (with service in the Office of Soviet Union Affairs during the Reagan administration) and was for many years a senior foreign policy adviser to the US Senate Republican leadership.
The International Committee of the Red Cross (ICRC) says the number of suspected cholera cases in war-torn Yemen has hit one million amid the ongoing Saudi military campaign against the impoverished nation.
The ICRC also said Thursday that more than 80 percent of the Yemeni population lacks food, fuel, clean water and access to healthcare.
The World Health Organization (WHO) has recorded 2,219 deaths since the cholera epidemic began in April, with children accounting for nearly a third of infections.
On Wednesday, the Oxfam charity group warned that more than 8.4 million Yemenis are now at acute risk of famine due to Saudi Arabia’s crippling blockade of Yemen’s key ports, which is causing a halt to the delivery of food, fuel, and medicine.
Food prices have shot up by 28 percent since early November, when the Saudi-led coalition tightened the siege. That has made it unaffordable for poor families–already hit by the collapse of the economy –to buy food.
Clean water supplies in towns and cities have been cut due to fuel shortages.
Yemen is also suffering from diphtheria epidemic, with aid groups warning that the spread of the disease is inevitable in Yemen due to low vaccination rates, lack of access to medical care and so many people moving around and coming in contact with those infected.
At least a million children are at risk of contracting the disease.
Saudi Arabia and a group of its allies have been bombing Yemen since 2015 to put its former Riyadh-friendly government back in the saddle. More than 12,000 have died since the war began.
Now, more than eight million Yemenis are on the verge of starvation, making the country the scene of, what the UN calls, the world’s worst humanitarian crisis.
North Korea has rejected media speculation, fueled by the US National Security Strategy, that it’s preparing for chemical warfare. Pyongyang accused Washington of fabricating yet another “false pretext” for a surprise attack.
As tensions on the Korean peninsula continue to escalate, a series of reports suggest that North Korea might be developing a program to fit biological weapons on intercontinental ballistic missiles. One such report appeared in Japan’s Asahi newspaper, which cited an unnamed person allegedly connected to South Korea’s intelligence. The allegations took root in the fertile media ground, already prepped by the assessment from Donald Trump’s National Security Strategy released Monday.
“As missiles grow in numbers, types, and effectiveness, to include those with greater ranges, they are the most likely means for states like North Korea to use a nuclear weapon against the United States,” the document notes. “North Korea is also pursuing chemical and biological weapons which could also be delivered by missile.”
North Korea dismissed the allegations that it’s preparing for biological warfare. “The DPRK, as a state party to the Biological Weapons Convention (BWC), maintains its consistent stand to oppose development, manufacture, stockpiling and possession of biological weapons,” the North’s Institute for American Studies, affiliated with the foreign ministry, was quoted as saying by state news agency KCNA.
Furthermore, the North accused the US of “fabricating” rumors as a potential justification for a surprise attack, pointing out that Washington already used the pretext of biological and chemical weapons to invade Iraq in 2003 and to strike Shayrat airbase in Syria in April 2017.
“It is the US that conducts military aggressions and cruise missile attacks on sovereign states in broad daylight while faking up ‘possession of WMD’ and ‘use of chemical weapons’ of those countries,” the KCNA statement reads.
North Korea urged Washington to abandon such behavior, or otherwise be ready for a “revenge” and “destruction” in case of an attack.
“The more the US clings to the anti-DPRK stifling move, by denouncing us as a state of ‘developing the biological weapons’, the more hardened the determination of our entire military personnel and people to take revenge will be and the earlier the days of destruction of the US, an empire of evils will come,” the statement said further.
Pyongyang’s statement follows the conclusion of last week’s US-South Korean ‘Warrior Strike’ military drills which focused on practicing a potential infiltration into the North to dismantle Pyongyang’s nuclear installations. The North could possess up to 13 types of pathogens that can potentially be used as biological weapons and that need to be secured in case of a war, according to the Korea Institute for Defense Analyses.
While the US keeps insisting that it is ready to pursue a military option to neutralize the North Korean threat, both Russia and China have been calling for calm, urging a diplomatic solution to the crisis based on a ‘double freeze’ initiative. The simple Sino-Russian proposal, rejected by Washington, seeks a simultaneous suspension to any missile launches and nuclear tests by Pyongyang, as well as large-scale military exercises by Washington and Seoul.
The iconic and even trending Supreme Court Justice Ruth Bader Ginsburg (lovingly known to fans as Notorious RBG or Ruth Badass Ginsburg) came this close to receiving the 2018 Genesis Prize, aka the “Jewish Nobel,” awarded yearly to Jews who have attained excellence and recognition in their fields, and who inspire others in their dedication to the Jewish community, Jewish values, and the State of Israel.
The award comes with a $1 million payout, and there, as they say, was the rub.
Ha’aretzreports that the prize was taken away from Ginsburg (and given to Natalie Portman) because the committee’s legal advisor discovered a rule against awarding monetary prizes to US judges. She had already decided to donate half of her prize money to women’s groups in the US, and the other half to equivalent organizations in Israel. Apparently her office had even contacted the groups and told them they had some big bucks coming their way.
Well, the charities got stiffed, but Ginsburg got a consolation prize: a new and prestigious award was created for her – the Genesis Prize for Lifetime Achievement. She will receive the award during a ceremony next summer.
Does Ginsburg meet all of the qualifications for a Genesis award? She has indeed attained excellence and recognition; no doubt she has been an inspiration – to Jews and Gentiles alike – as she has beaten the odds and risen to the very top of her field. Is she “dedicated to Jewish community, Jewish values, and the Jewish State”? Let’s do some sleuthing to find out.
A little background
Ginsburg was born on March 15th, 1933 in Brooklyn, New York. She fought her way past gender discrimination (one of 9 women in a class of 500 at Harvard Law School) and became only the second female and the sixth Jewish justice to be appointed to the Supreme Court.
Religiously, Ginsburg became non-observant when, at her mother’s death, she saw up close the second-class role of women in Orthodox Judaism. She has worked tirelessly for women’s rights throughout her distinguished career.
My heritage as a Jew and my occupation as a judge fit together symmetrically. The demand for justice runs through the entirety of Jewish history and Jewish tradition. I take pride in and draw strength from my heritage, as signs in my chambers attest: a large silver mezuzah on my door post, [and the Hebrew words] from Deuteronomy: “Zedek, zedek, tirdof” — “Justice, justice shall you pursue.”
Check the box marked “Jewish values.”
Moving on to “Jewish community,” just look back to last September. Ms. Ginsburg surprised members of a Washington DC synagogue when she came to speak at their Rosh Hashanah service. She talked about faith, about her fellow Jewish justices over the years and the views they have shared. She reminded worshipers that “the Jewish religion is an ethical religion. That is, we are taught to do right, to love mercy, do justice.” And she remarked that their shared experience as Jews makes them compassionate: “If you are a member of a minority group, particularly a minority group that has been picked on, you have empathy for others who are similarly situated.”
Ginsburg has pursued justice wholeheartedly all her life, and has throughout her career advocated for progressive causes. In 1972, she co-founded the Women’s Rights Project at the ACLU, and fought more than 300 gender discrimination cases between 1973 and 1974.
But these admirable convictions we see in Ginsburg that are common among many Americans – empathy toward the marginalized, advocacy for defenseless – suddenly evaporate in certain situations. Perhaps it’s subconscious, but there lurks another loyalty ready to override the cause of true justice and compassion. Ruth Bader Ginsburg is among the many influential members of the P.E.P. Club: Progressive Except Palestine.
For someone dedicated to liberty and justice for all, she is resoundingly silent on the issue of Palestine. Nowhere in her recently published collection of writings, My Own Words, do the words “Palestine” or “Palestinian” appear. Even “Arab” is nowhere to be found, although she discusses the Holocaust, Zionism, and Israel.
Ginsburg was poised to donate $500,000 to women’s organizations in Israel, a country which – surely she has heard – has been flagrantly violating the human rights of Palestinians for decades, denying them the most basic justice. This is a country in which many rock stars fear to book a concert, lest they be ostracized by the moral majority for pandering to an apartheid state – but Ginsburg was about to drop a cool half a mil.
Well, at least we can check the most important box of all: the one marked “dedication to the State of Israel.”
This leaning is no surprise, given Ginsburg’s admiration for one particular former US Supreme Court justice.
The Honorable Louis Brandeis
Louis Brandeis, associate justice
on the US Supreme Court, 1916 to 1939
Ruth Bader Ginsburg is a big fan of the Supreme Court’s first Jewish justice, Louis Dembitz Brandeis. Brandeis is revered today as a great judge, but at the time of his appointment – 1916 – he was recognized by some as “unscrupulous” in his methods and at times “unethical” in his behavior.
Distinguished historian Bruce Allen Murphy revealed that Brandeis was involved in some covert pursuits for many years, both before and during his time on the Supreme Court. The fact that he and his primary cohort, Felix Frankfurter, kept their work secret indicates that they knew it was – or at least looked – unethical.
Brandeis’ endeavors included (but were not limited to) advancing the Zionist agenda, both in the US and internationally. Murphy describes his work in general as “part of a vast, carefully planned and orchestrated political crusade.”
Israeli professor Dr. Sarah Schmidt described a clandestine society of which Brandeis was a part: “a secret underground guerilla force determined to influence the course of events in a quiet, anonymous way.” The most ambitious young Jewish men were recruited for the work. Their secret initiation ceremony included the charge:
You are about to take a step which will bind you to a single cause for all your life… [Y]ou will be fellow of a brotherhood whose bond you will regard as greater than any other in your life – dearer than that of family, of school, of nation. By entering this brotherhood, you become a self-dedicated soldier in the army of Zion. Your obligation to Zion becomes your paramount obligation… It is the wish of your heart and of your own free will to join our fellowship, to share its duties, its tasks, and its necessary sacrifices.
Brandeis also served as president of the Provisional Executive Committee for Zionist Affairs – essentially the leader of the world’s Zionists. He spent several months during 1914 – 1915 on a speaking tour to build a network of support for the “Jewish homeland,” underscoring the goals of self-determination and freedom.
In 1916, President Woodrow Wilson named Brandeis to the Supreme Court. As required, Brandeis officially resigned from his formal affiliations, including stepping down from his leadership role in Zionism. However, he zealously continued his work on a more informal basis, even from his Supreme Court chambers. Later, he would persuade the next 2 Jewish justices – Cardozo and Frankfurter – to join the ranks of the Zionist Organization of America, assuring a continued, subtle partiality toward the Jewish project.
Brandeis is tapped
In fact, Brandeis remained so deeply involved in Zionism that he was chosen by a leader of the movement for a very important job: that of, possibly, helping to turn the tide of World War I for the British.
Great Britain was in desperate need of an ally in the war, and the Zionists were in need of an ally in their quest for a homeland. Brandeis was tasked with delivering the United States as an ally to Great Britain; Great Britain would reimburse the Zionists with the Balfour Declaration.
Samuel Landman, secretary of the World Zionist Organization, claimed in a 1936 article in World Jewry, that it was “Jewish help that brought USA into the war on the side of the Allies.” The goal was not victory for the Allies, but real estate in Palestine, so Brandeis and associate Felix Frankfurter reportedly worked to ensure the war would last until Palestine was in the bag. They even reportedly sabotaged a potential opportunity to end the war in May 1917 (18 months early), which would have saved much destruction and many lives, including Brandeis’ fellow Americans.
Eventually, of course, Germany was defeated. According to historian Henry Wickham Steed, one of Germany’s top generals considered the Balfour Declaration to be “the cleverest thing done by the Allies in the way of propaganda,” and wished Germany had thought of it first.
Landman further stated that Germany was aware of the Jewish connection, and, chillingly, this “contributed in no small measure to the prominence which anti-Semitism occupie[d] in the Nazi program” only a few decades later. This horrific irony can not be overstated.
“Never again”
Ruth Bader Ginsburg spoke of those days in 2004 at the Holocaust Memorial Museum:
Hitler’s Europe, his Holocaust Kingdom, was not lawless. Indeed, it was a kingdom full of laws, laws deployed by highly educated people—teachers, lawyers, and judges—to facilitate oppression, slavery, and mass murder. We convene to say “Never again,” not only to Western history’s most unjust regime, but also to a world in which good men and women, abroad and even in the USA, witnessed or knew of the Holocaust Kingdom’s crimes against humanity, and let them happen…
In striving to drain dry the waters of prejudice and oppression, we must rely… upon the wisdom of our laws and the decency of our institutions, upon our reasoning minds and our feeling hearts. And as a constant spark to carry on, upon our vivid memories of the evils we wish to banish from our world.
And indeed, Ginsburg has famously spent years of her life checking America’s laws against the rubric of our Constitution to banish what evil she can from America.
But as a highly intelligent woman, in the Information Age, is it even remotely possible that she is not aware of the opinions of progressive Jewish anti-Zionist voices from the time of Brandeis, like Alfred Lilienthal and Rabbi Elmer Berger, or the historians of our time who have brought to light the folly of early Zionism, like Noam Chomsky, Norman Finkelstein, and Ilan Pappé? (The Palestinian historians who first wrote about this, sadly, are less likely to have shown up on her radar.)
Can she not know about the displacement of 750,000 Palestinians in the Nakba? Or the Deir Yassin massacre? Or a hundred other stories of injustice imposed on a people because of where they lived by another people who had been mistreated because of what they believed?
Aharon Barak
To be passionate about justice and yet ignore this gross injustice requires a studied unconcern. “Progressive Except Palestine” has mentors in the highest places, and Ginsburg has a friend who may be among the best.
Meet Aharon Barak
Former Israeli supreme court president Aharon Barak, partly educated at Harvard, talks some good talk, the kind that would resonate with Americans:
Democracy has its own internal morality, based on the dignity and equality of all human beings… Most central of all human rights is the right to dignity. It is the source from which all other human rights are derived.
[E]quality is a fundamental value of every democratic society…. The feeling of the lack of equality is the most difficult of feelings. It undermines the forces that unite society.
And he discusses his home country in language that sounds relatable:
The State of Israel is a State whose values are Jewish and democratic. Here we have established a State that preserves law, that achieves its national goals and the vision of generations, and that does so while recognizing and realizing human rights in general and human dignity in particular. Between these two there are harmony and accord, not conflict and estrangement.
The Israeli legal system is a young system, albeit one with deep historical roots that reflect its Jewish values. It is a legal system that guards its democratic nature despite the existential struggle it has faced since its founding.
No wonder Ginsburg and Barak are close: they share a deep reverence for democracy, and for the Jewish values they like to believe are inherent in their respective countries’ justice systems.
But Barak sees the Israeli court, and Israel itself, as an exceptional world. It is not a simple, safe democracy like America, but a “defensive democracy” that fights daily for its very survival. Barak lives under the delusion that nuclear-capable, Iron-Dome, cruise-missile, armored-personnel-carrier Israel, is under constant “existential threat” from rock-throwing, homemade-missile-launching, underfed Palestinians. Israel was created through ethnic cleansing and is maintained through illegal occupation and blockade, and when Palestinians legally exercise their right to resist, Barak sees this as “terrorism.”
we have recognized the power of the state to protect its security and the security of its citizens on the one hand; on the other hand, we have emphasized that the rights of every individual must be preserved, including the rights of the individual suspected of being a terrorist (sic).
It sounds so ethical, but Gideon Spiro knew better and wrote eloquently about “The Barak Method”:
No doubt about it: Barak has succeeded in creating around him a “human-rights man” aura even outside Israel. This is a huge propaganda feat…considering that Barak is, to a large extent, the judicial designer, enabler and backer of the regime of human-rights abuses in the Occupied Territories. [He] legitimized almost all the injustices of the occupation. He has led Israel’s judicial system into the role of indentured servant to the security forces – the IDF, the Shin Bet (domestic secret service), the Mossad and the settlers.
Barak’s time on the bench is replete with examples of Supreme Court benevolence toward individuals suspected of being terrorists (i.e. pretty much every Palestinian who set foot in his courtroom). One such example happened in 1992.
Mass Deportation
Hamas had killed six Israeli soldiers, and in retaliation, the IDF arrested, blindfolded, and deported 415 Palestinians (believed to be Hamas members) to Lebanon.
Human rights organizations immediately petitioned the Israeli Supreme Court – Barak was on call that night – and testimony was heard. It was pointed out that the men had not been given a hearing before the deportation.
The Court ruled: Israel must grant the deportees a hearing – but it would take place a month later.
The deportees spent the month in freezing winter weather. The Red Cross asked to bring them medical aid, but Israel refused. The UN Security Council condemned the mass deportation (full text here).
On January 17, 1993, the hearing in Israel began. A few days later, the Israeli Supreme Court found – unanimously – that in one sense, the deportation orders were not valid, but in another sense, the orders were valid. (Obviously, this is a simplification; find details here and here.)
Punitive house demolition
Another area in which Aharon Barak labored to find the alleged balance between security and human rights is in the area of house demolition. His court recognized the need for proportionality, and concluded that “only when human life has been lost is it permissible to destroy the buildings where the terrorists lived.”
A relative of Abdelrahman Shaludi, a Palestinian who killed two Israelis last month, displays his portrait inside his family home after it was razed by Israel in E. Jerusalem. Nov. 19, 2014.
The struggle was real for Barak and the rest of the Israeli Supreme Court on the issue of administrative detention – holding people for months or years without even charging them with a crime. Once again, they had to choose between protecting fundamental human rights of the individual or protecting “national security.”
They went with national security. And so the practice of administrative detention continues unchecked: Palestinians are arrested without charge and detained for 6 months; their case undergoes “judicial review,” in which a judge looks at their file (without representation from the detainee) and often approves another 6-month term, and another, and another. Some have been held for years. During Barak’s reign, well over a thousand Palestinians were held under administrative detention.
Since 1967, Israeli forces have arrested over 800,000 Palestinians – almost 20% of the Palestinian population, and about 40% of the male Palestinians in the occupied territories.
The separation (aka apartheid) wall
It was on Aharon Barak’s watch that construction of the Wall was begun. Correction: “security fence to prevent terror.” The damage done by this “fence” – confiscating Palestinian land, cutting off children from their schools, patients from their doctors, workers from their jobs, families from each other, farmers from their land – this is what Barak termed “proportionate damage.” In 2004 and 2005 he and his Court dropped a few crumbs for the Palestinians in the form of rulings to alter the route of the wall a bit, but at no point did they address the legality of the wall itself.
The rest of the world, however, did address the issue. In 2004, the UN Security Council called on Israel to abide by international law; the General Assembly called on the International Court of Justice to rule on the wall. The ICJ complied, in 2004 finding the wall to be in violation of international law. The Israeli Supreme Court chose, as usual, to ignore near global condemnation, Barak himself claiming “factual superiority” over the ICJ.
Extrajudicial executions (aka targeted killing)
The final verdict of Aharon Barak’s career, the cherry on top of his years of whatever-that-was, looked just like the others. It was all about balance. Harm – even death – to civilians is permitted if there was no better way to manage the situation; harm must be proportionate, that is the civilian “damage” must be comparable to the military advantage achieved. In Barak’s own decisive words, “we cannot determine that a preventative strike is always legal, just as we cannot determine that it is always illegal.” So, kill if you must, and fall on the mercy of the Court (wink, wink).
Torture (aka moderate physical pressure)
Aharon Barak had a few words on the issue of torture, which Justice Ginsburg found compelling. She explained in a recent interview:
The police think that a suspect they have apprehended knows where and when a bomb is going to go off…Can the police use torture to extract that information? And in an eloquent decision by Aharon Barak, then the chief justice of Israel, the court said: ‘Torture? Never.’
Barak himself elaborated: “They act against the law, by violating and trampling it, while in its war against terrorism, a democratic state acts within the framework of the law and according to the law.”
An Israeli Peace activist demonstrates a torture technique used by Shin Bet interrogators against Palestinian prisoners.
But once again, the actions of the State speak louder than the words of the Court.
The ruling to which Ginsburg referred left a “narrow opening for torture: a defense of “necessity,” which allows for interrogators, during “extraordinary circumstances” (for example, in a “ticking time bomb scenario,” when innocent lives, according to Israeli officials, are believed to be in the balance), to independently choose to break the no-torture law. Later, if torturers are taken to court for it, they may use the “necessity defense.”)
That “narrow opening” has proved to be wide and welcoming.
According to a 2016 Ha’aretz article, over 1,000 complaints of torture have been registered against Israel’s General Security Service, Shin Bet, since 2001. Not a single criminal investigation has ever been launched by the one investigator that the department employs.
It has been reported that 70-90% of the time, detained men, women and children are not permitted to speak to anyone – including a lawyer – until they have “confessed.” And once that confession has been obtained, whether it is genuine or not, there is no recanting.
Caution: PEP causes selective blindness
While Justice Ruth Bader Ginsburg has done great things for women and minorities, and is no doubt a woman of compassion and conscience, she shows all of the symptoms of P.E.P. Prognosis: if the anti-BDS law (Israel calls BDS an “Israel de-legitimization program”) comes before the Supreme Court, will she uphold it, limiting our free speech and support for human rights? Or if the Taylor Force Act comes up for judicial review – the law which would effectively deprive Palestinian widows of their “survivor benefits” (Israeli hasbara calls it a “terrorism incentivizing program”), would Ginsburg sympathize with women and orphans when they are Palestinian?
It is likely that she has seen reports of the humanitarian crisis in Gaza and the rampant and illegal settlement-building in the West Bank and East Jerusalem, but there is no indication that these issues have penetrated her consciousness. If they had, one expects she would be in a moral quandary –what does one do with a lifetime of unexposed bias when light finally shines on it?
Conclusion
Lady Justice is the traditional symbol of our judicial systems. Her attributes include a blindfold – to represent impartiality and a total absence of bias; a balance – to represent the weighing of the evidence as the only source of a decision of guilt or innocence; and a sword – to represent the authority of the court, and the swiftness of the meting out of justice.
“Progressive Except Palestine” is, sadly, a reality for too many people of all faiths and and people of no faith. The result? Where justice ought to be applied impartially, objectivity becomes impossible when Israel is part of the equation. Where guilt or innocence should be determined based on evidence, the label “terrorist” makes guilt a foregone conclusion. And where justice should be meted out swiftly, only injustice seems to move at that pace.
And when one of America’s Supreme Court justices is complicit in this, there is little hope of improvement.
Kathryn Shihadah is a staff writer for If Americans Knew
How Israeli dual citizens and their associates work to influence U.S. legislation in favor of Israel. For more information see
“Israeli dual citizens driving US laws against Palestinians, BDS, etc” (http://iakn.us/2iKxkhX)
“Adelson-funded Israel lobby group IAC could soon rival AIPAC” (http://iakn.us/2BTyIX9)
If Americans Knew: The Israel lobby (http://iakn.us/2z4UbXP)
The video was made by DeceptionsUSA with assistance from If Americans Knew. Please donate so we can continue our work! (http://iakn.us/2kRFSRf)
There has been a sharp rise in the number of US drone strikes in Yemen and Somalia since US President Donald Trump took office, says a report.
In March, Trump gave the US military authority to carry out airstrikes without notifying the government in regions designated as areas with “active hostilities.”
“In Yemen, 30 strikes hit within a month of the declaration being reported – nearly as many as the whole of 2016. Most of the 125 strikes in 2017 hit in central Yemen, where the US military’s Central Command vigorously pursued fighters from al-Qaeda in the Arabian Peninsula (AQAP),” said the Bureau of Investigative Journalism.
Yemen has come under regular US drone strikes, with Washington claiming to be targeting al-Qaeda militants while local sources say civilians have been the main victims.
The London-based NGO noted that the number of strikes doubled in Somalia and tripled in Yemen since Trump began his term in January 2017.
“In Somalia, the Obama administration had officially designated the al-Shabab group as an al-Qaeda affiliate at the end of November 2016, essentially widening who could be targeted. But there was no increase in strikes until July 2017, with all but two of this year’s 32 strikes carried out since then,” it added.
The Pentagon has been carrying out airstrikes and ground raids in Somalia for a decade, initially using helicopters and AC-130 gunships.
In June 2011, American forces began using drones to carry out the strikes, in a mission which has so far failed to uproot militancy in the country.
Psychiatric drugs lead to the deaths of over 500,000 people aged 65 and over annually in the West, a Danish scientist says. He warns the benefits of these drugs are “minimal,” and have been vastly overstated.
Research director at Denmark’s Nordic Cochrane Centre, Professor Peter Gøtzsche, says the use of most antidepressants and dementia drugs could be halted without inflicting harm on patients. The Danish scientist’s views were published in the British Medical Journal on Tuesday.
His scathing analysis will likely prove controversial among traditional medics. However, concern is mounting among doctors and scientists worldwide that psychiatric medication is doing more harm than good. In particular, they say antipsychotic drugs have been over-prescribed to many dementia patients in a bid to calm agitated behavior.
Gøtzsche warns psychiatric drugs kill patients year in year out, and hold few positive benefits. He says in excess of half a million citizens across the Western world aged 65 and over die annually as a result of taking these drugs.
“Their benefits would need to be colossal to justify this, but they are minimal,” he writes.
“Given their lack of benefit, I estimate we could stop almost all psychotropic drugs without causing harm.”
Gøtzsche, who is also a clinical trials expert, says drug trials funded by big pharmaceutical companies tend to produce biased results because many patients took other medication prior to the tests.
He says patients cease taking the old drugs and then experience a phase of withdrawal prior to taking the trial pharmaceuticals, which appear highly beneficial at first.
The Danish professor also warns fatalities from suicides in clinical trials are significantly under-reported. … continue
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