Israel halts Jordan Valley annexation ahead of ICC probe
MEMO | December 24, 2019
Israel’s plans to annex the occupied Jordan Valley have been frozen following the International Criminal Court’s (ICC) decision to launch a full investigation into alleged war crimes in the Palestinian territories, reports Ynet News.
The first Israeli ministerial team meeting to discuss the plans for annexing the Jordan Valley, scheduled to take place last week, was cancelled last minute due to concerns that it could intensify confrontation with the ICC.
“Because of the prosecutor’s decision in the Hague, the issue of the Jordan Valley annexation will be put on a long hold,” an Israeli government source told Yedioth Ahronoth.
Israeli Prime Minister Benjamin Netanyahu said the ICC has no jurisdiction to investigate in the Palestinian Territories and yesterday branded it anti-Semitic.
On Friday, ICC Chief Prosecutor Fatou Bensouda said the preliminary examination into alleged war crimes, opened in 2015, had rendered enough information to meet all criteria for opening an investigation.
Bensouda also included in her recommendation that Israel has not only failed to stop settlement construction in the West Bank, the Jewish State also intends to annex some parts of the territory.
Before the ICC announcement, Netanyahu on Thursday pledged to secure support from the US for the annexation of the Jordan Valley and illegal settlements built in the occupied West Bank and East Jerusalem.
Approximately 70,000 Palestinians, along with some 9,500 Jewish settlers, currently live in the Jordan Valley, a large, fertile strip of land that accounts for roughly one-quarter of the West Bank’s overall territory.
Palestinians call for the Israeli occupation authorities to completely withdraw from the occupied West Bank, including the Jordan Valley, to make way for a future Palestinian state.
Israel is considering preventing the entry of officials from the ICC to the Palestinian territories, similar to steps taken by the US administration which refuses to grant entry visas for ICC employees investigating American soldiers who participated in the war in Afghanistan.
Israel allows only 55 Palestinian Christians from Gaza to enter West Bank for Christmas
MEMO | December 24, 2019
Israeli authorities have only allowed 55 Christians in the Gaza Strip to enter the West Bank and Jerusalem to celebrate Christmas, according to local news agency Ma’an.
The Orthodox Church in Gaza said among the 600 official requests that were submitted to Israel, occupation authorities agreed to grant travel permits to just three children and 52 Palestinian elders mostly over the age of 60.
This came after the Israeli Defence Ministry said in a statement on Sunday it would allow Palestinian Christians in Gaza to visit Jerusalem and the occupied West Bank “in accordance with security assessments and without regard to age”, reversing an earlier decision not to issue them permits, a move that was met with immediate backlash by Christian Palestinian leaders as well as Gisha, an Israeli rights group.
A spokesperson from the liaison office, known as Coordinator of the Government Activities in the Territories (COGAT), had told Reuters that Christians in the Gaza Strip were barred from visiting holy cities through the Erez crossing this Christmas season.
Gaza, which suffers from high unemployment and faces electricity blackouts and drinking water shortages, has only around 1,000 Christians, most of them Greek Orthodox, in a population of two million in the narrow coastal strip.
Israel claims that a number who have been granted travel permits in recent years have remained in the West Bank and have not returned to Gaza.
Israel tightly restricts movements out of the Gaza Strip.
Gaza’s Christians who plan to travel to the West Bank for Christmas or Easter have to apply to Israel in advance to obtain a temporary single-use travel permit from Israel’s COGAT.
The main attractions in Bethlehem are the 4th-century Church of the Nativity, built over a grotto where Christian tradition says Jesus was born, and the 16-metre (52-foot) Christmas tree in Manger Square.
Last year, Israel granted permits for close to 700 Gaza Christians to travel to Jerusalem, Bethlehem, Nazareth and other holy cities that draw thousands of pilgrims each holiday season.
At Easter this year, similar restrictions were imposed by Israel, 300 Christian Palestinians from Gaza were allowed to visit the West Bank and Jerusalem for Easter “only after public pressure on Israel to change its initial decision to bar them from entering”.
An End to the World as We Know It?
Congress and the White House compete in year-end stupidity sweepstakes
By Philip Giraldi | Unz Review | December 24, 2019
At the end of the nineteenth century, Lord Palmerston stated what he thought was obvious, that “England has no eternal friends, England has no perpetual enemies, England has only eternal and perpetual interests.” Palmerston was saying that national interests should drive the relationships with foreigners. A nation will have amicable relations most of the time with some countries and difficult relations with some others, but the bottom line should always be what is beneficial for one’s own country and people.
If Palmerston were alive today and observing the relationship of the United States of America with the rest of the world, he might well find Washington to be an exception to his rule. The U.S., to be sure, has been adept at turning adversaries into enemies and disappointing friends, and it is all done with a glib assurance that doing so will somehow bring democracy and freedom to all. Indeed, either neoliberal democracy promotion or the neoconservative version of the same have been seen as an overriding and compelling interest during the past twenty years even though the policies themselves have been disastrous and have only damaged the real interests of the American people.
The U.S. relationship with Israel is, for example, driven by a powerful and wealthy domestic lobby rather than by any common interests at all yet it is regularly falsely touted as being between two “close allies” and “best friends.” It has cost Americans hundreds of billions of dollars in subsidies for the Jewish state and Israeli influence over U.S. policy in the Middle East region has led to catastrophic military interventions in Afghanistan, Lebanon, Iraq, Syria, Mogadishu and Libya. Currently, Israel is agitating for U.S. action against the nonexistent Iranian “threat” while also unleashing its lobby in the United States to make illegal criticism of any of its war crimes, effectively curtailing freedom of speech and association for all Americans.
Far more dangerous is the continued excoriation of the Kremlin over the largely mythical Russiagate narrative. Congress has recently approved a bill that would give to Ukraine $300 million in supplementary military assistance to use against Russia. The money and authorization appear in the House of Representatives version of the national defense authorization act (NDAA) that passed last week.
The bill is a renewal of the controversial Ukraine Security Assistance Initiative that Donald Trump allegedly manipulated to bring about an investigation of Joe Biden’s son Hunter. The new version expands on the former assistance package to include coastal defense cruise missiles and anti-ship missiles as offensive weapons that are acceptable for export to Kiev. It also authorizes an additional $50 million in military assistance on top of the $250 million congress had granted in last year’s bill, “of which $100 million would be available only for lethal assistance.”
Ukraine sought the money and arms to counter Russian naval dominance in the Black Sea through its base at Sevastopol in the Crimea. One year ago the Russian navy captured three Ukrainian warships and Kiev was unable to push back against Moscow because it lacked weapons designed to attack ships. Now it will have them and presumably it will use them. How Russia will react is unknowable.
Dmytro Kuleba, Ukraine’s Deputy Prime Minister for European and Euro-Atlantic Integration, has been in Washington lobbying for the additional military assistance. He has had considerable success, particularly as there is bipartisan support in Congress for aid to Kiev and also because the Trump Departments of Defense and State as well as the National Security Council are all on board in countering the “Russian threat” in the Black Sea. President Trump signed the NDAA last week, which completed the process.
Far more ominously, Kuleba and his interlocutors in the administration and congress have been revisiting a proposal first surfaced under Bill Clinton, that Ukraine and Georgia should be admitted to the NATO alliance. Like the $300 million in military aid, there appears to be considerable bipartisan support for such a move. NATO already has a major presence on the Black Sea with Bulgaria, Romania and Turkey all members. Adding Ukraine and Georgia would completely isolate the Russian presence and Moscow would undoubtedly see it as an existential threat.
The NDAA also provides seed money to initiate the so-called Space Force, which President Trump inaugurated by describing it as “the world’s newest war-fighting domain. Amid grave threats to our national security, American superiority in space is absolutely vital. We’re leading, but we’re not leading by enough, but very shortly we’ll be leading by a lot. The Space Force will help us deter aggression and control the ultimate high ground.”
If that isn’t bad enough, the new defense budget ominously also requires the Trump administration to impose sanctions “with respect to provision of certain vessels for the construction of certain Russian energy export pipelines.” Last week the House of Representatives and Senate approved specific sanctions relating to the companies and governments that are collaborating on the construction of the Nord Stream 2 pipeline that will cross the Baltic Sea from Vyborg to Greifswald to connect Germany with Russian natural gas. President Trump has signed off on the legislation.
The United States has opposed the project ever since it was first mooted, claiming that it will make Europe “hostage” to Russian energy, will enrich the Russian government, and will also empower Russian President Vladimir Putin to be more aggressive. Engineering companies that will be providing services such as pipe-laying will be targeted by Washington as the Trump administration tries to halt the completion of the $10.5 billion project.
Now that the NDAA has been signed, the Trump administration has 60 days to identify companies, individuals and even foreign governments that have in some way provided services or assistance to the pipeline project. Sanctions would block individuals from travel to the United States and would freeze bank accounts and other tangible property that would be identified by the U.S. Treasury. One company that will definitely be targeted for sanctions is the Switzerland-based Allseas, which has been contracted with by Russia’s Gazprom to build the offshore section of pipeline. It has suspended work on the project while it examines the implications of the sanctions.
Bear in mind that Nord Stream 2 is a peaceful commercial project between two countries that have friendly relations, making the threats implicit in the U.S. reaction more than somewhat inappropriate. Increased U.S. sanctions against Russia itself are also believed to be a possibility and there has even been some suggestion that the German government and its energy ministry might be sanctioned. This has predictably resulted in pushback from Germany, normally a country that is inclined to go along with any and all American initiatives. Last week German Foreign Minister Heiko Maas asked Congress not to meddle in European energy policy, saying “We think this is unacceptable, because it is ultimately a move to influence autonomous decisions that are made in Europe. European energy policy is decided in Europe, not in the U.S.”
German Bundestag member Andreas Nick warned that “It’s an issue of national sovereignty, and it is potentially a liability for trans-Atlantic relations.” That Trump is needlessly alienating important countries like Germany that are genuine allies, unlike Israel and Saudi Arabia, over an issue that is not an actual American interest is unfortunate. It makes one think that the wheels have definitely come off the cart in Washington.
The point is that Donald Trump, Mike Pompeo, Mike Pence and Mike Esper (admittedly too many Mikes) wouldn’t know a national interest if it hit them in the face. Their politicization of policy to “win in 2020” promoting apocalyptic nonsense like war in space has also reinforced an existing tunnel vision on what Russia under Vladimir Putin is all about that is extremely dangerous. Admittedly, Team Trump throws out sanctions in all directions with reckless abandon, mostly aimed at Russia, Iran, North Korea and, the current favorite, Venezuela. No one is immune. But the escalation going from sanctions to arming the Kremlin’s enemies is both reckless and pointless. Russia will definitely strike back if it is attacked, make no mistake about that, and war could easily escalate with tragic consequences for all of us. That war is perhaps becoming thinkable is in itself deplorable, with Business Insider running a recent piece on surviving a nuclear attack. New homes in target America will likely soon come equipped with bomb shelters, just like in the 1950s.
Philip M. Giraldi, Ph.D., is Executive Director of the Council for the National Interest, a 501(c)3 tax deductible educational foundation (Federal ID Number #52-1739023) that seeks a more interests-based U.S. foreign policy in the Middle East. Website is councilforthenationalinterest.org, address is P.O. Box 2157, Purcellville VA 20134 and its email is inform@cnionline.org.
Young Gaza Girl Fighting Cancer Alone in West Bank Hospital
10-year-old Miral Abu Amsha (L) and 5-year-old Aisha al-Lulu. (Photo: via Social Media)
The Palestine Chronicle | December 23, 2019
10-year-old Miral Abu Amsha is suffering from leukemia. Due to the hermetic Israeli siege on the Gaza Strip, the little girl was not allowed to be joined by her parents when she left Gaza seeking treatment at Najah University Hospital in Nablus, in the West Bank.
Miral’s story, one of the numerous similar tragic stories, was highlighted by the Israeli newspaper Haaretz on December 21.
The hospital’s prognosis is that Miral requires an additional four months of aggressive chemotherapy treatment in order for cancer to go into remission. However, the girl’s parents are unlikely to be with her at the hospital as their permit to leave Gaza has been rejected repeatedly by the Israeli military.
Aisha al-Lulu, a 5-year-old from the Strip, has gone to a similar experience to Miral. In January, Aisha died alone in a Jerusalem hospital, following a brain surgery that failed to save her life.
Hundreds of Gaza patients have died because they were denied permits to leave Gaza in the search of badly needed medical attention. Many of those who are allowed access to West Bank hospitals, usually children, were granted permits but denied the company of their families.
According to the World’s Health Organization (WHO), “in June (2019), 1,242 patient companion applications (52% of the total) were approved, 416 applications (17%) were denied and the remaining 733 (31%) were delayed, receiving no definitive response by the time of the patient’s appointment”.
Gaza has been under a hermetic siege since 2006 when Hamas won the democratic legislative elections held in that same year. Since then, Israel has launched several wars, killing thousands and wounding tens of thousands of Gazans.
The siege and war have also devastated Gaza’s already struggling infrastructures, leaving hospitals with limited medical supplies, and, at times, no electricity. According to a United Nations report, Gaza will be deemed uninhabitable by 2020.
Hard Evidence on Torture and Ill-Treatment Committed against Palestinian Detainees at Israeli Interrogation Centers
Addameer Prisoner Support And Human Rights Association | December 23, 2019
Since its creation, the occupying state developed and enforced laws and practices that led to both the systematic use of torture and to absolute impunity for the perpetrator of this crime. There has never been any individual or agency held accountable for the well-documented crimes of torture and ill-treatment at Israeli prisons and interrogation centers.
The occupation authorities, in particular, the Israeli intelligence agency “Shabak” resorts to torture and ill-treatment as standard operating procedure in a systematic and wide-scale approach against Palestinian detainees. Over the past three months, the intelligence agency subjected a number of detainees at Israeli interrogation centers to severe physical and psychological torture without any form of monitoring and protection.
Addameer has hard evidence on the crimes of torture and ill-treatment committed against a number of detainees held at interrogation centers since late August 2019. Addameer was banned from publishing any of the details of torture prior to this date, due to a gag order issued by the Israeli Court of First Instance in Jerusalem.
On 10 September 2019, a gag order was issued on a number of cases under interrogation at al-Mascobiyya interrogation center. Hence, preventing the public, including Addameer the legal representative, from publishing any information regarding these cases.
The gag order was issued based on a request from the Israeli intelligence agency and Israeli police and was renewed multiple times. Despite the gag order, Israeli media outlets and the Israeli intelligence agency published information to the public about some of those cases. This inconsistent enforcement of the gag order, where the Israeli sources exercised the freedom to publish, can only be understood as a means to influence public opinion.
Most importantly, the issuance of this gag order is an attempt to hide crimes committed against the detainees and prevent the public and the legal representatives from exposing the details of the crimes of torture and ill-treatment that were committed against the detainees in question throughout the past months.
Torture at Israeli interrogation centers
According to Israeli military laws, a detainee can be held in interrogation for a total period of 75 days without receiving any official charges. According to these same laws, a detainee can be banned from meeting his/her lawyer for a total period of 60 days. Those detainees, in particular, were held for extremely long periods of interrogation, and were also banned from lawyers’ visits and legal consultation.
The periods of the ban on meeting the lawyers ranged from 30 to 45 days in some cases. During the interrogations, the detainees suffered from different forms of both physical and psychological torture. The methods used against them included, but were not limited to harsh beating, sleep deprivation, solitary confinement, stress positions, the denial of basic hygiene needs, sexual harassment, threatening and intensive psychological torture including the use of family members and/or other detainees.
The threats used include threats of rape, torture, and revocation of residency. The severe torture and humiliation these detainees suffered from, led to injuries, broken bones, fainting, vomiting, bleeding from different parts of the body (nose, mouth, hands, legs[1] and genital area). In addition, the detainees also suffered from the false assessment made by doctors at the interrogation centers, whom almost in all cases stated that the detainees are qualified for interrogations denying the clear signs of torture.
A short description of some of the torture techniques:
- Positional torture (stress positions): Israeli intelligence officers forced the detainees into a number of stress positions such as the banana position,[2] the frog position, sitting on an imaginary chair, squatting and many other different positions. Almost in all of these stress positions, the detainees would lose their balance and fall on the ground, which would lead to a harsh beating by the officers and then forcing the detainee back into the stress position. Other used stress positions included standing on their toes while their hands were shackled above their heads to a wall. Another position included sitting on a chair while handcuffed to the back, where the hands were positioned on a table behind the detainee’s chair. A third position involved the detainee laying on the ground with his/her hands chained to each other with iron cuffs and positioned behind his/her back. This position also includes officers sitting on the detainee to place pressure on his/her body while beat him/her ferociously.
- Harsh beatings: Israeli occupation intelligence officers used extreme methods of beatings against the detainees using their hands, legs, knees and even their fingers. The officers hit, slapped, punched, poked (using their fingers), and kicked the detainees. These methods resulted in severe and life-threatening injuries that included broken ribs, inability to walk, brutal bruises, swelling marks on the skin, ulcer wounds… etc. The officers, who exceeded five in number in some cases used to blindfold the detainees’ eyes so they would not expect the beating or know where it is coming from. Several of those detainees appeared in their court sessions with marks on their bodies, expressing severe pain, or in some cases arrived on wheelchairs. In one of the cases, the harsh beating was committed with the intention to kill the detainee, who was in fact transferred to the hospital in serious condition after around 30 hours of severe and extreme methods of beatings. In another case, the harsh beating aimed at injuries caused by a police dog during the arrest, the interrogators intended to target those previously obtained injuries, which were mainly on the detainee’s genital area causing the wounds to re-open twice. Also, in many other cases, the method of pulling the facial hair from its roots causing injuries and swelling marks was used.
- Sleep deprivation: this technique was implemented through different methods, in some cases the detainees spent around twenty days sleeping from one to three hours a day. Even when those detainees were sent to their cells to sleep, they would be disturbed with loud and eerie sounds made by the prison guards, the voices of other detainees being harshly beaten or the sound of knocking on their cell doors. In some cases, sleep deprivation ranged from 30 to 60 continuous hours, where the detainee would not be sent to sleep at all during these hours and would be woken up if he/she falls asleep during the interrogation. Some detainees were harshly slapped on their faces to wake up, others were also splashed with water. Detainees described the slaps as extremely severe causing them to feel dizzy.
- The use of family members (emotional blackmailing): psychological torture and ill-treatment were used on the majority of these detainees, focusing on threats against their family members, and loved ones. Israeli occupation forces used the policy of collective punishment through arresting and bringing in some of the family members mostly to al-Mascobiyya interrogations center and Ofer prison. Eight family members for seven different detainees were arrested, and another ten family members were brought in for questioning. Some of these relatives were kept for a number of days while others were kept for hours. In all the cases, family members and loved ones were mainly brought in to pressure the detainees themselves. The interrogators made the detainees assume that their relatives got arrested and will be tortured as well. Relatives included fathers, mothers, brothers, daughters, wives, etc.
- Interrogation at Israeli secret prisons: at least one of the detainees Addameer has documented their cases have stated that they were taken to unknown centers. The detainee said that the interrogators at this center were all face-covered and wearing a different uniform than the known usual uniforms. It has been revealed in the past that Israel has secret prisons that are removed from maps and airbrushed aerial photographs.[3]
These detainees that were subject to torture and ill-treatment in the past months were around 50 detainees, almost half of them were subject to torture, and all of them suffered ill-treatment. The detainees included male and female detainees, they also included university students, union workers, human rights defenders, and a PLC member. Addameer’s lawyer began collecting hard evidence proving the torture and ill-treatment committed against these detainees from the very first day the lawyers were permitted to meet them.
Public International Law
Violations of Fair Trial Guarantees
Israeli military courts completely disregard the fair trial guarantees. The cases monitored in the last months are just another proof of the fact that the Israeli military court from its creation never met the minimum standards of a fair trial. The right to a fair trial is enshrined in all the Geneva Conventions and their Additional Protocols. [4] According to the Third and Fourth Geneva Conventions, depriving a protected person a fair and regular trial is a grave breach.[5] Additionally, the right to a fair trial is set forth in the International Covenant on Civil and Political Rights (ICCPR) and in several other international instruments.[6] For example, the UN Human Rights Committee in its General Comment on Article 4 of the ICCPR stated that the principle of the fair trial cannot be derogated from.[7]
The fair trial guarantees basic principles that are systematically violated at the Israeli military courts include, but are not limited to the following; trail by an independent, impartial and regularly constituted court; presumption of innocence; information on the nature and cause of the accusation (right to be informed); necessary rights and means of defense (right to counsel); the presence of the accused at the trial; and compelling accused persons to testify against themselves or to confess guilt.[8]
As mentioned before, there was a gag order effective for a period of over three months, due to this gag order the court proceedings were not open to the public, and even preventing the family members from attending the court sessions. Thus, violating the right to public proceedings.[9] Also, the majority of the detainees who were included in the gag order were also banned from lawyers’ visits and consultation. Even in the court sessions that were conducted while the lawyers’ ban was effective, detainees were denied to see his/her lawyer. The period of the lawyers’ ban orders ranged from 30 days to around 45 days in some of the cases, depriving them of their right to counsel[10] in the most sensitive period of detention.
Moreover, according to the Israeli military law, a detainee can be held without any charges for a total period of 75 days that is subject to renewals. In those cases, in particular, the military prosecution pressed lists of charges after a period of interrogations that ranged from 50 to 60 days in some of the cases. One of the detainees spent more than 100 days at al-Mascobiyya interrogation center without knowing all of the charges brought against him. Thus, violating detainee’s right to be informed[11] of the nature of the accusations brought against them without delay. In other cases, the intelligence agency published accusations against individuals to the public before presenting them with their list of charges at the court. The published statements were for a mere political motive as the actual charges pressed against the same detainees at the military court are not in line with the published accusation.
Furthermore, according to the court sessions’ protocols, detainees have shown and expressed their need for urgent medical care by emphasizing that they were tortured. Some of the detainees attended their sessions in a wheelchair and one was not able to attend a number of his sessions due to his medical situation. Still, the judge at the military court in all of the cases extended the detention periods for the detainees for the purposes of interrogations. In fact, in the past three months, Addameer’s lawyers made several appeals to the Israeli military courts of appeals on the detention periods and many petitions to the Israeli High Court on the orders that ban the detainees from meeting their lawyers. All the petitions submitted to the Israeli High Court were rejected and around 95 percent of the appeals made to the Israeli military court of appeals were also rejected. This shows how the military court and High Court are not independent, impartial and regularly constituted courts[12] as they prioritize the requests and needs of the Israeli intelligence agency without any consideration of the detainees’ rights. Most importantly, the insistence of the Israeli judges at both courts to extend the interrogation periods with the knowledge of the committed torture shows the complicity of this legal system in the committed crimes. In fact, the judges also obstructed the documentation of torture by attempting to delay the obtaining of medical reports and pictures of the bodies of those tortured detainees, rather than monitoring and preventing torture, which is their legal obligation. Only in one of the cases, the judge ordered the detention center’s doctor to document the body of the detainee by taking pictures.
Finally, almost all of those detainees were forced to give confessions under torture. The intensity of the interrogations and severity of the physical and psychological torture forced the majority of the detainees to testify against themselves, against others, and confess guilty.[13] At the Israeli military court, those confessions are used as the main tool to indict those detainees, in complete disregard of all international norms that assert on the inadmissibility of all confessions obtained under torture.
Prohibition of Torture in Public International Law
Prohibition against torture is one of the most fundamental norms of international law that cannot be derogated from. The protection against torture under all circumstances is enshrined in both Treaty[14] and Customary International Law.[15] Despite the absolute and non-derogable prohibition against torture, enshrined under article (2) of the International Convention against Torture and ratified by Israel on 3 October 1991, torture against Palestinian detainees is systematic and widespread in Israeli occupation prisons and interrogation centers. In fact, torture has been sanctioned by a series of Israeli High Court decisions. In High Court decision number 5100/94 in 1999,[16] the High Court made permissible the use of “special means of pressure” in the case of a “ticking bomb” scenario, where interrogators believe that a suspect is withholding information that could prevent an impending threat to civilian lives as stated in Article (1)34 of the Israeli Penal Code of 1972. This exception constitutes a grave legal loophole that legitimizes the torture and cruel treatment by the Israeli intelligence interrogators against Palestinian detainees and also protects interrogators who are granted impunity for their crimes.
Moreover, the Israeli High Court, in the Tbeish case number 9018/17 in 2018,[17] issued a ruling which expanded the concept of a “ticking bomb” scenario to include cases that are not imminent security threats. In this case, the judge based his ruling on previous decisions and broadened the element of immediacy not to be limited with a time frame. The Israeli occupying state alleges that the “special measures” they use with Palestinian detainees are part of their security measures. However, those practices amount to torture and ill-treatment, and even if the Israeli allegations were accurate, torture is absolutely prohibited in all circumstances including those of security-related measures. Furthermore, torture is committed in Israeli interrogation centers regardless of the classification of a “ticking bomb situation/special measures” torture is used with cases that even include the right to affiliation and organize politically.[18]
International legal standards affirm the absolute prohibition of torture under all circumstances. For example, the Council of Europe outlined guidelines on human rights and fighting terrorism which was adopted by the Committee of Ministers on 11 July 2002. The guidelines stated: “The use of torture or of inhuman or degrading treatment or punishment is absolutely prohibited, in all circumstances, and in particular during the arrest, questioning and detention of a person suspected of or convicted of terrorist activities, irrespective of the nature of the acts that the person is suspected of or for which he/she was convicted.”[19]
The United Nations Special Rapporteur on Torture, Nils Melzer, stated: “The ban on torture and ill-treatment was one of the most fundamental norms of international law and could not be justified in any circumstances.”[20] He added in the same statement speaking about the American prison at Guantanamo Bay that, “By failing to prosecute the crime of torture in CIA custody, the U.S. is in clear violation of the Convention against Torture and is sending a dangerous message of complacency and impunity of officials in the U.S. and around the world.”[21] The Israeli occupying state is an outrageous example of complicity and absolute impunity for perpetrators of the crimes of torture and ill-treatment.
Conclusion: Impunity for a war crime
This Israeli illegal occupation has violated all the legal elements of an occupation under international law. The Israeli legal system and practices are just one example of this violation that aims for suppressing and dominating the Palestinian protected population. Crimes of torture and denial of a fair trial for Palestinian detainees are not limited to one perpetrator. In fact, the agencies complicit in those crimes include the intelligence agency, military court, military prosecution, Hight Court, and even the medical staff that were involved in providing medical care and assessment for those detainees subjected to torture and ill-treatment.
According to various human rights organizations fighting against the crimes of the occupation, there are no effective domestic mechanisms of accountability for the crimes of torture, ill-treatment and the deprivation of a fair trial. In point of fact, Addameer, in the last ten years, has annually submitted tens of complaints of torture, and only one of them, a sexual harassment case, was open for investigation. However, rather than pressing a list of charges against the perpetrators, in this case, it was closed without indictment. Furthermore, according to the Public Committee Against Torture in Israel (PCATI), about 1,200 complaints of torture during Israeli interrogations have been filed since 2001. All the cases were closed without a single indictment.[22]
Finally, Addameer affirms that the Israeli occupying state with all of its agencies continues to commit war crimes and crimes against humanity. According to the Rome Statute, the denial of a fair and regular trial is a war crime (Article 8 (2)(a) (vi)). Additionally, torture is a war crime (Article 8 (2)(a) (ii)) and if committed in a systematic and wide-scale approach it also amounts to a crime against humanity (Article 7 (1)(f)).[23]
Addameer calls on the international community to hold Israel accountable for its war crime and crimes against humanity and to put an end to its sanctioned absolute impunity.
[1] The hands and legs of those detainees suffered great injuries mainly due to the cuffs used to chain them for long hours.
[2] The banana position is a position in which the detainee’s legs cuffed to the lower part of a chair (the back of the chair is positioned to the side) and his hands cuffed to each other and pressured by the interrogators to the lower part of the chair. This position would mean that the detainee’s body would form an arch. Usually, when the detainee is forced into this position, the interrogators beat the detainee harshly on the chest and stomach. Interrogators put a blanket or a pillow on the floor behind the chair, since detainees usually fall with the chair to the floor, due to the intensity the body is exposed.
[3] For further information check the written article on https://www.theguardian.com/world/2003/nov/14/israel2
[4] First Geneva Convention, Article 49; Second Geneva Convention, Article 50; Third Geneva Convention, Articles 102–108; Fourth Geneva Convention, Articles 5 and 66–75; Additional Protocol I, Article 75(4); Additional Protocol II, Article 6(2).The principle of the right to fair trial is also provided for in Article 17(2) of the Second Protocol to the Hague Convention for the Protection of Cultural Property.
[5] Third Geneva Convention, Article 130; Fourth Geneva Convention, Article 147; Additional Protocol I, Article 85(4)(e).
[6] International Covenant on Civil and Political Rights, Article 14(1) (ibid., § 2796); Convention on the Rights of the Child, Article 40(2)(b)(iii) (ibid., § 2802); European Convention on Human Rights, Article 6(1) (ibid., § 2795); American Convention on Human Rights, Article 8(1) (ibid., § 2797); African Charter on Human and Peoples’ Rights, Article 7 (ibid., § 2801).
[7] UN Human Rights Committee, General Comment No. 29 (Article 4 of the International Covenant on Civil and Political Rights) (ibid., § 2998).
[8] For further information check rule 100 of the customary international law at: https://ihl-databases.icrc.org/customary-ihl/eng/docs/v1_rul_rule100
[9] Third Geneva Convention, Article 105; Fourth Geneva Convention, Article 74; Additional Protocol I, Article 75(4)(i); ICC Statute, Article 64(7); ICTY Statute, Article 20(4); ICTR Statute, Article 19(4); International Covenant on Civil and Political Rights, Article 14(1).
[10] First Geneva Convention, Article 49; Second Geneva Convention, Article 50; Third Geneva Convention, Article 84, and Article 96; Fourth Geneva Convention, Article 72, and Article 123; Additional Protocol I, Article 75(4)(a); Additional Protocol II, Article 6(2)(a). Also, the International Covenant on Civil and Political Rights, Article 14(3).
[11] Third Geneva Convention, Article 96, and Article 105; Fourth Geneva Convention, Article 71, and Article 123; Additional Protocol I, Article 75(4)(a); Additional Protocol II, Article 6(2)(a). Also, the International Covenant on Civil and Political Rights, Article 14(3)(a); Convention on the Rights of the Child, Article 40(2)(b)(ii).
[12] Third Geneva Convention, Article 84; Additional Protocol II, Article 6(2); Additional Protocol I, Article 75(4); International Covenant on Civil and Political Rights, Article 14(1); European Convention on Human Rights, Article 6(1).
[13] Third Geneva Convention, Article 99; Additional Protocol I, Article 75(4)(f); Additional Protocol II, Article 6(2)(f); ICC Statute, Article 55(1)(a); International Covenant on Civil and Political Rights, Article 14(3)(g); Convention against Torture, Article 15.
[14] First Geneva Convention, Article 12; Second Geneva Convention, Article 12; Third Geneva Convention, Article 17; fourth paragraph (“physical or mental torture”) Article 87, Article 89 (“inhuman, brutal or dangerous” disciplinary punishment), and Article 32; Additional Protocol I, Article 75(2); Additional Protocol II, Article 4(2); ICC Statute, Article 8(2)(c)(i) and (ii); International Covenant on Civil and Political Rights, Article 7; European Convention on Human Rights, Article 3.
[15] For further details check Rule 90 at: https://ihl-databases.icrc.org/customary-ihl/eng/docs/v1_cha_chapter32_rule90
[16] HCJ 5100/94, Public Committee Against Torture in Israel et al. v. Government of Israel et al., Judgment. An English translation of the Court decision is available at: http://www.hamoked.org/files/2012/264_eng.pdf [accessed 5 December 2019].
[17] HCJ 9018/17, Firas Tbeish et al. v. The Attorney General. An English translation of the Court decision is available at: http://stoptorture.org.il/wp-content/uploads/2017/02/F.-Tbeish-Ruling-Nov.-2018.ENG_.pdf [accessed 22 December 2019].
[18] Joint report: B’Tselem and HAMOKED (2010): Impunity: Israeli military policy not to investigate the killing of Palestinians by soldiers https://www.btselem.org/download/201010_kept_in_the_dark_eng.pdf
[19] Guidelines on human rights and the fight against terrorism adopted by the Committee of Ministers on 11 July 2002 at the 804th meeting of the Ministers’ Deputies
[20] Miles, Tom. “U.N. Expert Says Torture Persists at Guantanamo Bay; U.S. Denies.” Reuters, Thomson Reuters, 13 Dec. 2017, www.reuters.com/article/us-usa-guantanamo-torture/u-n-expert-says-tortur….
[21] Ibid.
[22] Public Committee Against Torture in Israel, Torture in Israel 2019: Situation Report, it can be found here: Situation Report 2019.
[23] For further information check the Rome Statute of International Criminal Court at: https://www.ohchr.org/EN/ProfessionalInterest/Pages/InternationalCriminalCourt.aspx
A Criminal State Under investigation
“If you have the law, hammer the law. If you have the facts, hammer the facts. If you have neither the law nor the facts, hammer the table”. – Anonymous legal advice
By Gilad Atzmon | December 22, 2019
Reports from Israeli press outlets this weekend show that the Jewish State fears the ICC’s (International Criminal Court) decision to move forward with an investigation into whether Israel committed war crimes in the Palestinian territories. Such a probe may expose current and former government officials and military personnel to prosecution on the global stage.
The ICC will investigate Israel’s policy of settling its citizens in the West Bank, its actions during the 2014 war in Gaza, and its response to Palestinian protests on Gaza’s border beginning in March of last year. The ICC will examine indiscriminate shooting by Hamas and other Palestinian groups into Israeli cities as well.
Israel plans to refuse to cooperate with the ICC, although such a move may put a long list of Israeli officials, potentially including the prime minister, defense ministers, IDF chiefs, the heads of the Shin Bet security service, and military officers as well as low-ranking soldiers, at risk of international arrest warrants if, in the absence of a state response, the ICC proceeds with the prosecution of individuals for the alleged crimes.
Israel’s reaction to the ICC’s top prosecutor Fatou Bensouda’s decision to investigate is instructive. Instead of responding ethically and showing a willingness to defend its actions, Israel is hiding behind legalistic Talmudic arguments that seek to refute the ICC’s legitimacy and deny its jurisdiction over Israel and Israeli war criminals.
Israeli Attorney General Avichai Mandelblit’s defense is based on the ICC’s supposed ‘lack of jurisdiction.’ On Saturday, Mandelblit said that Israel “is a democratic state of law, obligated and committed to respecting international law and humanitarian values. This commitment has stood strong for decades, through all the challenged and tough times Israel has faced. It is rooted in the character and values of the State of Israel and guaranteed by a strong and independent justice system… there is no place for international judicial intervention in such a situation.”
Is this really an accurate description of Israel? If Israel is ‘democratic state of law’ that adheres to a universalist value system as Mandelblit insists, why is Israel so afraid of the ICC looking into its behaviour? The reality of Israel contradicts Mandelblit’s position. We are dealing with a criminal state, an institutional ethnic cleanser that explores barbarian tactics locking millions of people in the largest open-air prisons known to man.
Just to prove how ‘ethical’ the Jewish State is not, Israeli Transportation Minister Bezalel Smotrich called on Prime Minister Benjamin Netanyahu to give the Palestinian Authority a 48-hour ultimatum to pull its petition to the ICC or see the Ramallah-based political authority “torn down.”
Blue and White Party Chairman, Benny Gantz, also attacked the ICC’s decision. Citing his decades of military service, including as the IDF’s 20th chief of staff, Gantz unequivocally stated that “the IDF is one of the most moral armies in the world.” Gantz forgot to mention that he is himself a suspected war criminal and may be charged by the ICC. In 2016 we learned that the District Court of the Hague was holding a hearing to determine whether to hear a war crimes case against Gantz relating to his command decisions during the 2014 Gaza War.
Former ‘justice’ minister, Ayelet Shaked, called the move “a political, hypocritical and predictable decision.” Shaked said the ICC “has no authority” to open the probe. She urged the government to “fight the court with all the tools at its disposal.”
PM Netanyahu called the ICC’s announcement “a dark day for truth and justice.” What, one may wonder, would Netanyahu consider a shining moment for truth and justice?
As we now see and could have anticipated, the official Israeli response in opposition to the ICC’s probe is legalistic as opposed to ethical. Israeli officials made public a legal opinion by Mandelblit arguing that the court does not have jurisdiction to conduct an investigation. Instead of attempting to refute the substance of the complaint, Israel and its officials invest in a wall-to-wall attempt to deny the court’s jurisdiction.
The rationale for Israel’s defiance is pretty obvious. Israeli decision makers are clever enough to grasp the prospective outcome of such an investigation. It would drain whatever is left of the Israeli military’s will to fight. Israeli combatants – platoons, pilots, drone operators, commanders- would know that their actions have legal consequences and as a result might be reluctant to execute military orders. The ICC may have closed the door on Israel’s military options and strategy. For a country that survives by the sword and invests in the ‘War between the Wars,’ the ICC investigation is understood as a lethal threat.
I am not holding my breath for the ICC to accomplish its job. I anticipate intensive Lobby efforts to interfere with the court’s work. However, by now we know that an attempt by Jewish power to silence opposition to Jewish power, can only be realised through the manifestation of such power. In Britain, for instance, the Israel Lobby and its stooges within politics and media exposed itself through its relentless war against Corbyn and his party. By the time Corbyn and his party were literally wiped out, every Brit knew who runs this country for real.
The Lobby is more than welcome to expose its sharp teeth and interfere with the ICC’s work. It may destroy the ICC, but Israel won’t be vindicated of its crimes against Palestinians, as these crimes are committed in the open for everyone to see.
The Trudeau Government Joins the Global Majority on Israel-Palestinian Relations
By Anthony James Hall | American Herald Tribune | December 22, 2019
The Chief Executive of B’nai Brith Canada has condemned as anti-democratic a vote in late 2019 by Canada’s Trudeau government. In one of its first major international acts, Trudeau’s minority government sided with 166 other member states of the United Nations’ General Assembly. The Jewish organization expressed “outrage” at Canada’s position on a resolution dealing critically with the subject of Israel-Palestinian relations. “This vote reflects poorly on Canada’s record as a defender of democracy and justice. It stains Canada’s reputation,” said B’nai Brith’s CEO, Michael Mostyn.
Apparently Mr. Mostyn thinks nothing of invoking the principles of democracy and justice as justification for discounting as wrong and misguided the dramatic outcome of a free and fair vote by the world’s governments. In Mr. Mostyn’s view, all that is just and democratic adheres to the position of the five dissident governments that voted against the UN Resolution. The naysayers are Israel, the USA, Australia, Micronesia and Marshall Islands.
Mr. Mostyn and many other representatives of the Israel lobby have chastised the Trudeau government for taking a step that pulls Canada into the mainstream of global opinion especially when it comes to conditions in Gaza and the Occupied Territories. The Trudeau government has planted Canada’s flag among those of 167 national delegations. The governments of all these countries agreed to place an international spotlight on the many illegal acts that violate “the permanent sovereignty of the Palestinian people.”
In giving explicit reasons for its condemnation of the now-adopted UN Resolution, B’nai Brith Canada stated that it “rejects the contention that the [Jewish] settlements [in the Occupied Territories including East Jerusalem] are the core issue of the Israel-Palestine conflict.” The UN Resolution details many of the consequences for indigenous Palestinians of the influx of 700,000 Jewish settlers into territories illegally seized through armed conquest by the Israeli Armed Forces in 1967.
The Resolution sanctioned by the government of Canada and most of the world’s other governments “deplores the detrimental impact of the Israeli settlements on Palestinian and Arab natural resources, including the destruction of orchards and crops and the seizure of water wells by Israel Settlers.” It expresses “grave concern about the widespread destruction, caused by Israel, the occupying Power, to vital infrastructure, including water pipelines, sewage networks, and electricity networks in the Occupied Palestinian Territory.”
The Resolution also lists some of the public health abominations forced on “the Gaza strip during the military operations of July and August of 2014, which, inter alia, has polluted the environment and which negatively affects the functioning of sanitation systems and water supply.” There is reference to “unexploded ordinance” as well as a “chronic energy shortage” in Gaza where “only 5% of the ground water remains potable.”
The Resolution makes specific reference to “the detrimental impact on Palestinian natural resources being caused by the unlawful construction of the wall by Israel, the Occupying power, in the Occupied Palestinian Territory, including in and around East Jerusalem, and in its grave affect as well on the economic and social conditions of the Palestinian people.”
B’nai Brith’s criticism of the Trudeau government ignores most of the explicit content outlined in the now-adopted UN Resolution. Instead of facing the facts, B’nai Brith radically misrepresents as “anti-terror measures” the broad set of changes the Israel government has imposed on the lands at issue.
The Resolution clearly identifies the actions of a government whose goal it is to favor one group by dispossessing and disempowering another. The situation on the ground in the area occupied and controlled by the Israeli government makes it absolutely clear that the real goal is to replace the indigenous Palestinian population. The international emblem of Israel’s replacement project has become the 131 illegal Jewish settlements plus the 110 illegal outposts created to prevent Palestinians from enjoying any security of habitation.
B’nai Brith Canada sometimes represents itself as a “human rights” organization engaged in benevolent philanthropy. It has exploited this image to gain federal recognition as a registered charity capable of granting tax deductions for donations. Perhaps the time has come for an objective federal assessment to see if B’nai Brith Canada has lived up to its side of the bargain. Has B’nai Brith Canada acted like a genuine charity devoted to the ideal of universal human rights or has it acted more as a partisan political lobby?
B’nai Brith Canada announced in its press release that it “remains opposed to Palestinian attempts to internationalize the issue.” How ironic. As I see it, the track record of B’nai Brith Canada is one part of a much larger body of evidence demonstrating the scale of an elaborate Israel lobby based in many countries? Doesn’t the multinational reach of this very active political lobby effectively internationalize the core issues of Israel-Palestinian relations on a 24/7 basis?
The instability of relations between Israel and the Palestinians has significant implications for the domestic and international polices of many countries. For instance, how will the Trudeau government and the Trump government deal with the contentions that have put them on different sides of the recent UN vote? Will the Trudeau government continue to move away from the legacy of ther Harper government when it comes to correcting the gross inequities permeating almost every aspect of Israel-Palestinian relations?
Anthony James Hall has been Editor In Chief of the American Herald Tribune since its inception. Between 1990 and 2018 Dr. Hall was Professor of Globalization Studies and Liberal Education at the University of Lethbridge where he is now Professor Emeritus. The focus of Dr. Hall’s teaching, research, and community service came to highlight the conditions of the colonization of Indigenous peoples in imperial globalization since 1492.
How the Pro-War “Left” Fell for the Kurds in Syria
By Max Parry • Unz Review • December 22, 2019
The October decision by U.S. President Donald Trump to withdraw American troops from northeastern Syria did not only precipitate the Turkish offensive, codenamed ‘Operation Peace Spring’, into Kurdish-held territory which followed. It also sparked an outcry of hysteria from much of the so-called “left” that has been deeply divided during the 8-year long conflict over its Kurdish question. Despite the fact that the Syrian Democratic Forces (SDF) were objectively a U.S. proxy army before they were “abandoned” by Washington to face an assault by its NATO ally, the ostensibly “progressive” politics of the mostly-Kurdish militants duped many self-identified people on the left into supporting them as the best option between terrorists and a “regime.” Apparently, everyone on earth except for the Kurds and their ‘humanitarian interventionist’ supporters saw this “betrayal” coming, which speaks to the essential naiveté of such amateurish politics. However, there is a historical basis to this political tendency that should be interrogated if a lesson is to be learned by those misguided by it.
Turkey initially went all-in with the West, Israel, and Gulf states in a joint effort to depose Syrian President Bashar al-Assad by stoking the flames of the country’s Arab Spring in 2011 into a full blown uprising. With Istanbul serving as the base for the opposition, Kurdish nationalists hoping to participate were not at all pleased that the alliance had based its government-in-exile in Turkey and naturally considered Ankara’s role to be detrimental to their own interests in establishing an autonomous ethnonationalist state. Likewise, Turkish President Recep Tayyip Erdoğan did not bargain on the conflict facilitating such a scenario, with the forty year war with the Kurdistan Workers Party (PKK) in southeastern Turkey still ongoing. When the PKK-linked People’s Protection Units (YPG) militias took control of northern Syrian towns and established a self-governing territory after boycotting the opposition, it was done only after negotiations between Damascus and Kurdish leaders. The Syrian government willingly and peacefully ceded the territory to them, just as we were told that the Baathists were among their oppressors.
The Rojava front opened up when the Kurds came under attack from the most radical jihadist militants in the opposition, some of which would later merge with the Islamist insurgency in western Iraq to form ISIS. Yet we now know for a fact that the rise of Islamic State was something actually desired by the U.S.-led coalition in the hopes of bringing down Assad, as revealed in a declassified 2012 Defense Intelligence Agency report. Shortly after clarifying that the opposition is “backed by the West, Gulf countries and Turkey”, the memo states:
“If the situation unravels there is the possibility of establishing a declared or undeclared Salafist principality in eastern Syria (Hasaka and Der Zor), and this is exactly what the supporting powers to the opposition want, in order to isolate the Syrian regime, which is considered the strategic depth of the Shia expansion (Iraq and Iran).”
Meanwhile, it was the Kurds themselves who divulged Ankara’s support for Daesh, frequently retrieving Turkish-issued passports from captured ISIS fighters. Even Emmanuel Macron said as much at the recent NATO summit in London, prompting a row between France and Turkey that took a backseat to the more ‘newsworthy’ Trump tantrum over a hot mic exchange between the French President and his Canadian and British counterparts. Then there was the disclosure that the late Senator John McCain had crossed the border from Turkey into Syria in mid-2013 to meet with leaders of the short-lived Free Syrian Army (FSA), dubbed as “moderate rebels”, which just a short time later would decline after its members joined better armed, more radical groups and the ISIS caliphate was proclaimed. One of the rebel leaders pictured with McCain in his visit is widely suspected to be the eventual chosen leader of ISIS, Abu Bakr al-Baghdadi, who was allegedly killed in a U.S. raid in Idlib this October. Ironically, many of the Turkish-backed FSA militias are now assisting Ankara in its assault on the Kurds while those who supported arming them feign outrage over the US troop removal.
Henry Kissinger reportedly once remarked, “America has no permanent friends or enemies, only interests.” Given that the U.S. was at the very least still using Daesh as a strategic asset, it seems inexplicable that the Kurdish leadership could trust Washington. The SDF had only a few skirmishes with the Syrian army during the entire war— if they wanted to defeat ISIS, why not partner with Damascus and Moscow? To say nothing of the U.S.’s long history of backing their oppression, from its support of Saddam Hussein during the Iran-Iraq War in the 1980s to the arming of Turkey’s brutal crackdown against the PKK which ended with the capture of its cultish leader, Abdullah Öcalan, in 1999. Did they really think after enlisting them for its cosmetic ‘fight’ against ISIS that the U.S. would continue to side with them against Ankara? Even so, Kurdish gains against Daesh would pale in comparison to those by the Syrian army with Russian air support. More perplexing is why anyone on the left would choose to back a group being used as a cat’s paw for imperialism, regardless of whatever ideals they claim to hold.
Perhaps the U.S. would not have reneged on its implicit pledge to help with the foundation of a Kurdish state had their “Assad must go” policy been successful, but the U.S. pullout appears to be the final nail in the coffin for both Washington’s regime change plans in Syria and an independent Kurdistan. The YPG’s makeover as the SDF was done at the behest of the U.S. but this did nothing to to diminish the objections of Ankara (or many ‘leftists’ from supporting them), who insisted the YPG was already an extension and rebranding of the PKK, a group Washington itself designates as a terrorist organization. Any effort to create a buffer state in the enclave was never going to be tolerated by Turkey but it nonetheless enabled the U.S. to illegally occupy northern Syria and facilitate the ongoing looting of its oil. Unfortunately for Washington, the consequence was that it eventually pushed Ankara closer toward the Kremlin, as Turkey went from shooting down Russian jets one year to purchasing the S-400 weapon system from Moscow the next. After backing a botched coup d’etat attempt against Erdoğan in 2016, any hope of Washington bringing Turkey back into its fold would be to discard the Kurds as soon as their usefulness ran out, if it wasn’t too late to repair the damage already.
Why would the U.S. risk losing its geo-strategic alliance with Turkey? To put it simply, it’s ‘special relationship’ with Israel took greater precedence. Any way you slice it, Washington’s foray into the region has been as much about Zionism as imperialism and its backing of the Kurds is no exception. Despite the blowback, the invasion of Iraq and destruction of Libya took two enormous sources of support for the Palestinian resistance off the chessboard. It may have strengthened Iran in the process, but that is all the more reason for the U.S. to sell a regime change attempt in Tehran in the future. Regrettably for Washington, when it tried to do the same in Syria, Russia intervened and emerged as the new peace broker in the Middle East. It comes as no surprise that following the Turkish invasion of northern Syria amid the U.S. withdrawal, the Kurds have finally struck a deal with Damascus and Moscow, a welcome and inevitable development that should have occurred years ago.
One of the main reasons for the Kurds joining the SDF so willingly has the same explanation as to why Washington was prepared to put its relationship with Ankara in jeopardy by supporting them: Israel. The cozy relationship between the Zionist state and the various Kurdish groups centered at the intersection of Turkey, Iran, Iraq and Syria goes back as far as the 1960s, as Jerusalem has consistently used them to undermine its enemies. It is not by chance that their respective interests overlap to a near tee, between the founding of a Kurdish protectorate and the Zionist plan for a ‘Greater Israel’ in the Middle East which includes a balkanization of Syria. Mossad has openly provided the Kurds with training and they have learned much in the ways of the ethnic cleansing of Arabs from the Jewish state in order to carve out a Syrian Kurdistan. One can certainly have sympathy for the Kurds as the largest ethnic group in the world at 40 million people without a state, but the Israel connection runs much deeper than geopolitical interests to the very ideological basis of their militancy which calls all of their stated ideals into question.
The ties between the YPG and the PKK are undeniable, as both groups follow jailed leader Abdullah Öcalan’s teachings which merge Kurdish nationalism with the theories of ‘democratic confederalism’ from the influential Jewish-American anarchist philosopher, Murray Bookchin. While the PKK may have been initially founded as a ‘Marxist-Leninist’ organization in the early 70s, a widespread misconception is that it still follows that aim when its ideology long-ago shifted to that of a self-professed and contradictory ‘libertarian socialism’ theorized by Bookchin who was actually a zealous anti-communist. Not coincidentally, the Western anarchist icon was also an avowed Zionist who often defended Israel’s war crimes and genocide of Palestinians while demonizing its Arab state opponents as the aggressors, including Syria. Scratch an anarchist and a neo-conservative will bleed, every time.
Many on the pseudo-left who have pledged solidarity with the Kurds have attempted to base their reasoning on a historically inaccurate analogy comparing the Syrian conflict with the Spanish Civil War of the 1930s. You would think ISIS would be the obvious first choice for the fascists in the Syrian war, but journalist Robert Mackey of popular “progressive” news site The Intercept even tried to cast the Syrian government as Francisco Franco’s Nationalists in an article comparing the 1937 bombing of Guernica by the Condor Legion to the 2018 chemical attack in Douma which remains in dispute regarding its perpetrator. One wonders if Mackey will retract his absurd comparison now that dozens of inspectors from the Organization for the Prohibition of Chemical Weapons (OPCW) have dissented in emails published by WikiLeaks showing that the OPCW engaged in a cover-up with the Trump administration to pin blame for the attacks on the Syrian government instead of the opposition, but don’t hold your breath.
In this retelling of the Spanish Civil War, the Kurds are generally seen in the role of the Trotskyite Workers’ Party of Marxist Unification (POUM) and the anarchist trade union National Confederation of Labour (CNT). In the midst of the conflict between the Nazi-supported Nationalists and Soviet-backed Republicans that was a prelude to World War II, the mobilization effort of all anti-fascist forces into a unified Popular Front was obstructed by the ultra-left and intransigent POUM and CNT who were then expelled from the coalition for their sectarianism. While the government was still fighting the Francoists, the POUM and CNT then attacked the Republicans but were put down in a failed insurrection. Although this revolt did not directly cause the loyalist defeat, it nevertheless sapped the strength from the Popular Front and smoothed the path for the generalissimo’s victory.
In the years since, Trotskyists have attempted to rewrite history by alleging that a primary historical text documenting the POUM’s sabotage of the Republicans — a 1938 pamphlet by journalist Georges Soria, the Spanish correspondent for the French Communist Party newspaper L’Humanite — is a forgery. On the Marxists Internet Archive website, an ‘editor’s note’ is provided as a preface to the text citing a single quote from Soria with the claim he admitted the work in its entirety was “no more than a fabrication”, but his words are selectively cropped to give that impression. While the author did admit accusations that the POUM‘s leadership were literal agents of Franco were a sensationalized exaggeration, the source of the full quote states the following:
“On the one hand, the charge that the leaders of POUM, among them Andrés Nin, ‘were agents of the Gestapo and Franco’, was no more than a fabrication because it was impossible to adduce the slightest evidence. On the other hand, although the leaders of POUM were neither agents of Franco or agents of the Gestapo, it is true that their relentless struggle against the Popular Front played the game nolens volens (like it or not/willingly or unwillingly) of the Caudillo (General Franco).”
In other words, Soria did not say the whole work was counterfeit like the editor’s note misleadingly suggests and reiterated that the POUM’s subversion helped Franco. (The Marxists Internet Archive does not hide its pro-Trotsky bias in its FAQ section.)
Marxist historian Eric Hobsbawm summarized the inherent contradictions of the Spanish Civil War and the role ultra-leftism played in the demise of the Republic in one of his later essays:
“Of course, the posthumous polemics about the Spanish war are legitimate, and indeed essential — but only if we separate out debate on real issues from the parti pris of political sectarianism, cold-war propaganda and pure ignorance of a forgotten past. The major question at issue in the Spanish civil war was, and remains, how social revolution and war were related on the republican side. The Spanish civil war was, or began as, both. It was a war born of the resistance of a legitimate government, with the help of a popular mobilisation, against a partially successful military coup; and, in important parts of Spain, the spontaneous transformation of the mobilisation into a social revolution. A serious war conducted by a government requires structure, discipline and a degree of centralisation. What characterises social revolutions like that of 1936 is local initiative, spontaneity, independence of, or even resistance to, higher authority — this was especially so given the unique strength of anarchism in Spain.”
Murray Bookchin also wrote at length about the Spanish Civil War but celebrated the decentralized anarchist tactics which incapacitated the Popular Front. The anarcho-syndicalist theorist championed the ‘civil war within the civil war’ as a successful example of his antithetical vision of ‘libertarian socialism’, while his emphasis on the individualist aspects of the former half of his oxymoronic and anti-statist theory often bears a striking resemblance to neoliberal talking points about self-regulating free markets. This would explain why he actually regarded right-wing libertarians to be his natural allies over the the socialist left, whom he considered ‘totalitarian’ as he told the libertarian publication Reason magazine in an interview in 1979. His reactionary demonization of the Soviet Union and dismissal of the accomplishments of all other socialist revolutions was recalled by Michael Parenti in Blackshirts and Reds:
“Left anticommunists remained studiously unimpressed by the dramatic gains won by masses of previously impoverished people under communism. Some were even scornful of such accomplishments. I recall how in Burlington Vermont, in 1971, the noted anticommunist anarchist, Murray Bookchin, derisively referred to my concern for “the poor little children who got fed under communism” (his words).”
Like the International Brigades consisting of foreign volunteers to assist the Spanish Republic in the 1930s, there is an ‘International Freedom Battalion’ currently fighting with the Kurds in Syria. Unfortunately, its live-action role playing ‘leftist’ mercenaries missed the part about the original International Brigades having been backed by the Comintern, not the U.S. military.
Meanwhile, Western media usually hostile to any semblance of radical politics have heavily promoted the Rojava federation as a feminist ‘direct democracy’ utopia, particularly giving excessive attention to the all-female Women’s Protection Units (YPJ) militia while ignoring the female regiments fighting for the secular Syrian government. As a result of the media’s exoticized portrayal of the Kurds and their endorsement by prominent misleaders on the left, from Slavoj Žižek to Noam Chomsky, many have been fooled into supporting them.
If the Spanish Civil War was a dress rehearsal for WWII, it remains to be seen if Syria proves to be a run-through for another global conflict. Then again, what has emerged from its climax is an increasingly multipolar world with the resurgence of Moscow as a deterrent to the mutually assured destruction between the U.S. and China.
Leftists today wishing to continue the legacy of those who fought for the Spanish Republic should have thrown their support behind the Syrian patriots bravely defending their country from terrorism and imperialism, not left opportunism. Thankfully, this time the good guys have prevailed while the Kurds have paid the price for betraying their fellow countrymen. Liberals shedding crocodile tears about Rojava should take comfort in the fact that they can always play the latest Call of Duty: Modern Warfare video game featuring the YPG fighting alongside the U.S. military if they need to fulfill their imperial fantasies.
Yes, that’s right, the latest installment of the popular first-person shooter franchise features a storyline inspired by the SDF. It’s too bad for them that in real life all of Syria will be returned to where it rightfully belongs under the Syrian Arab Republic.
Max Parry is an independent journalist and geopolitical analyst. His writing has appeared widely in alternative media. Max may be reached at maxrparry@live.com
US State Department ‘firmly opposes’ ICC probe into Israeli war crimes allegations, insisting court lacks jurisdiction
RT | December 21, 2019
US Secretary of State Mike Pompeo has voiced “firm” opposition to a bid in the International Criminal Court (ICC) to investigate alleged war crimes committed by Israel in the occupied Palestinian territories.
After nearly four years of preliminary investigation, the ICC’s top prosecutor Fatou Bensouda said on Friday that the war crimes probe would be expanded into a full-scale inquiry, looking into whether Israel has carried out atrocities in the occupied West Bank and East Jerusalem, as well as Gaza. In a statement echoing earlier remarks by Israeli Prime Minister Benjamin Netanyahu, Pompeo said the case had no merit.
“We firmly oppose this and any other action that seeks to target Israel unfairly,” Pompeo said on Friday, arguing that because Palestine does not qualify as a “sovereign state” and is not a party to the ICC’s founding charter, the Rome Statute, it cannot bring cases before the court.
The top US diplomat also reiterated a “long standing objection” to any claim that the ICC has jurisdiction over non-member states, such as Israel and the United States, “absent a referral from the UN Security Council” or explicit cooperation from the nation in question. While then-President Bill Clinton signed the Rome Statute in 2000, it was never formally ratified by the Senate. Israel, too, was an early signer to the statute, but also never finalized its membership in the organization.
PM Netanyahu made a nearly identical argument to Pompeo’s earlier on Friday, insisting the court had no jurisdiction and that Palestine had not achieved statehood – a goal Palestinians have pursued for decades despite tooth-and-nail opposition from both Tel Aviv and its American benefactor.
While Palestine has yet to achieve statehood, the quasi-governmental Palestinian Authority was accepted into the ICC in 2015. Nonetheless, Bensouda signaled that she will convene with the court to confirm exactly how far its jurisdiction extends before moving ahead with the investigation.
Tel Aviv has been accused repeatedly over the years of carrying out war crimes against Palestinians, including the demolition and shelling of civilian homes and other structures, forcible relocation of residents and the use of live ammunition on unarmed demonstrators. Many of the allegations stem from Israel’s settlement project in the occupied territories.
In November, Pompeo declared that Israeli settlements in the occupied West Bank were legitimate under international law, overturning long-standing US policy on the question. Palestinians and their advocates argue the settlements make the long-sought statehood project increasingly unlikely, as Israel’s Jewish-only housing units sprawl across Palestinian land and tie up important resources. Much of the international community and the UN have long considered the settlements illegal and continue to do so, despite the American about-face.
German Parliament Greenlights Non-Binding Initiative to Ban Hezbollah
Sputnik – December 20, 2019
German lawmakers approved a non-binding initiative on Thursday calling on the government to ban from Germany the political and militant group Hezbollah, which forms part of the Lebanese government. The move, reportedly aimed at combating anti-Semitism, has been rejected multiple times by the parliament.
The Thursday resolution was approved by the opposition Free Democrats as well as the Social Democratic Party, which is allied to the Christian Democratic Union (CDU), Chancellor Angela Merkel’s party. The move seeks to ban the political arm of Hezbollah from Germany and to add the group to the European Union’s terrorist list.
“It is unacceptable that Hezbollah is waging a terrorist fight against Israel in the Middle East, which is being financed through worldwide criminal activities, among other things,” CDU spokesperson Mathias Middelberg said in a statement, according to AP. “In view of Germany’s special responsibility toward Israel, we call on the government to ban all activities for Hezbollah in Germany.”“The separation between a political and a military arm should be abandoned, and Hezbollah as a whole should be placed on the EU terrorist list,” Middelberg said. “This could freeze Hezbollah’s funds and assets in Europe more extensively than before.”
Germany last weighed the question of banning the political wing of Hezbollah, which has just over 1,000 members, in June. That bill, sponsored by the far-right Alternative for Germany (AfD), which has repeatedly sponsored bills seeking to ban burqas and minarets, claiming “Islam is not a part of Germany,” according to Middle East Monitor, failed amid joint opposition by the same parties that sponsored the resolution passed Thursday.
Israeli Foreign Minister Israel Katz praised the move, calling it “an important step in the international struggle against terrorism, particularly against terrorist organization Hezbollah and its patron Iran,” AP noted. US Ambassador to Germany Richard Grenell also voiced his support.Hezbollah is a Lebanese political party and militant group whose primary basis of support is the country’s Shiite Muslim community, although it also enjoys the support of many Christians, Druze and even Sunni Muslims. It gained notoriety for fighting the Israel Defense Forces to a standstill in Lebanon’s south when Israel invaded in 2006. The group was formed as a self-defense force in the early 1980s, during a previous occupation by Israeli forces, against whom it waged a guerrilla campaign. It has also joined the fight in Syria against Daesh and other jihadist rebel groups.
Hezbollah has been accused of multiple acts of terrorism, such as a bus bombing in the Bulgarian city of Burgas in 2012 that killed seven people and injured 32, although no conclusive evidence tying Hezbollah to the attack has been found. It’s also been accused of being behind a slew of terrorist attacks in the early 1980s, including several deadly bombings in Beirut, but again with limited evidence behind the claims. However, 14 nations and several international organizations have declared Hezbollah to be a terrorist organization, while eight nations have declared it not to be one. Hezbollah is also accused of being a proxy of Iran.
Mustafa Ammar, a CDU candidate for the 2021 elections, told Asharq Al-Awsat late last month that secret talks had taken place during a congress held by the CDU in Leipzig about how best to limit anti-Semitism in Germany, especially in schools.“One of the measures included the total banning of Hezbollah and its activities,” Ammar told the London-based outlet. A Hamburg intelligence agency reported in July that Hezbollah had ties to about 30 mosques across Germany, where it raises funds and spreads its ideology, according to Fox News.
Hezbollah has long maintained it distinguishes between Judaism as a religion and Zionism as a political ideology, with leader Hassan Nasrallah saying in 2009: “Our problem with [the Israelis] is not that they are Jews, but that they are occupiers who are raping our land and holy places.” However, Nassrallah and other Hezbollah leaders have also been accused of anti-Semitic statements.
Last week, US President Donald Trump signed an executive order that categorized anti-Israeli speech as anti-Semitism and hate speech under Article VII of the 1964 Civil Rights Act. The move is widely interpreted as aimed at punishing anti-Israel initiatives like Boycott, Divestment and Sanctions (BDS) by declaring them to be anti-Semitic, tying the nation of Israel to the worldwide Jewish community.
From a Blessing to a Curse: How UN Resolution 2334 Accelerated Israel’s Colonization in the West Bank
By Ramzy Baroud | Palestine Chronicle | December 18, 2019
Three years ago, the United Nations Security Council passed Resolution 2334. With fourteen members voting in favor and one abstention, the Resolution was the equivalent of a political earthquake. Indeed, it was the first time in many years that the international body roundly condemned Israel for its illegal settlement policies in the Occupied Palestinian Territories. Unlike previous attempts at holding Israel accountable, this time, the Americans did nothing to protect its closest ally.
What has happened since then, however, has been a testimony to the failure of the UN to furnish meaningful mechanisms that would force violators of international law, like Israel, to respect international consensus. In some way, 2334, although externally supportive of Palestinian rights, turned out to be one of the most costly decisions ever made by the international institution.
Immediately after the adoption of 2334 on December 23, 2016, Israel thumbed its nose at the whole world by announcing, twice in the following January, plans to construct thousands of new homes in illegal Jewish settlements in the occupied West Bank.
At the time, Israeli Prime Minister, Benjamin Netanyahu, and his then-Defense Minister, Avigdor Lieberman, rationalized the provocative moves as a “response to the housing needs” within the settlements. Nothing could have been further from the truth, as the subsequent three years demonstrated.
Now, it has become clear that the settlement expansion was part of a much larger strategy aimed at killing any chance of establishing a contiguous and viable Palestinian State and parting ways with the so-called “land for peace formula”, itself molded through years of American mediation and “peace process”.
The Israeli strategy was a complete success. Thanks to the blank cheque issued by the Trump administration to Israel’s right-wing government coalition, Israeli politicians are now openly plotting what was once nearly unthinkable: the unilateral annexation of major Jewish settlement blocks in the West Bank along with large swathes of the Jordan Valley.
Throughout the last three years, Washington has turned a blind eye to Israel’s sinister designs. Worse, it has fully embraced and validated the Israeli political discourse, while taking every necessary measure to provide a cover for Israeli actions. The declaration by US Secretary of State, Mike Pompeo, on November 18 that Jewish settlements “are not inconsistent with international law” is but one of many such positions adopted by Washington to pave the road for Israel’s insolence and violation of international law.
Retrospectively, President Obama had the chance to do more than merely abstaining from voting against a UN Resolution – which lacked any enforcement mechanism, anyway – by using the generous US financial aid to Israel as a bargaining chip. That way, he could have potentially forced Netanyahu to freeze settlement expansion altogether. Alas, Obama did the exact opposite – as he bankrolled the Israeli military and financed every Israeli war on Gaza. Instead, his belated move opened the stage for the Trump administration to unleash a cruel war on Palestinians and international law, as well.
It seems that the two-year term of US Ambassador to the UN, Nikki Hailey, was mainly dedicated to rectifying the supposed “betrayal” of the Obama administration of Israel. In the name of defending Israel against imaginary global “anti-Semitism”, the US severed its ties with several UN organizations, eventually isolating Washington itself from the rest of the world.
With the UN being designated as the common enemy by both Washington and Tel Aviv, international law was rendered irrelevant. Gradually, the US government fortified its protective shield around Israel, thus making 2334 and many other UN resolutions meaningless. In other words, the US managed to turn international consensus regarding the illegality of the Israeli occupation of Palestine into an opportunity for Tel Aviv to disown any commitment, not only to the UN, but to the so-called two-state solution, and the “peace process”, as well.
While Israel accelerated its settlement projects unhindered, the US ensured that the Palestinian leadership is denied the opportunity to fight back, even if symbolically, through the various international institutions and any available political and legal platform. This was engineered through systematic economic warfare, which saw the cutting of all aid to the Palestinian Authority in August 2018, followed, a week later, by stopping all funds to the UN organization responsible for the welfare of Palestinian refugees, UNRWA.
US-Israeli war on Palestinians was staged on two fronts. One front focused on the seizure of more Palestinian land, the building of new and the expansion of existing settlements, as a precursor of the imminent steps of annexing most of the West Bank. The other front witnessed the relentless US administration’s pressure on Palestinians through political and financial means.
Three years after 2334, a new status quo is upon us. Gone are the days of traditional American “peace-making” and its adjoining elaborate discourse centered on a two-state and other make-believe solutions. Now, Israel is single-handedly formulating its own “vision” for a future that is designed to meet the expectations of the country’s unhinged and ever-growing right-wing constituency. As for the US, its role has been relegated to the cheerleader, unfazed by such seemingly trivial matters as that of international law, human rights, justice, peace or even regional stability.
Shortly after being appointed as Israel’s new Defense Minister on November 9, Naftali Bennett has taken the dangerous and consequential decision of building a new Jewish settlement in the occupied Palestinian city of Al-Khalil (Hebron). Naturally, Jewish settlers rejoiced as they will finally see the destruction of the old Hebron market, which is older than Israel itself, and the potential for further settlement expansion and more annexation in the city.
At the same time, Palestinians are cringing, for a move against Hebron is the final proof that Israel is now operating in Palestine without the slightest fear of political or legal repercussions. Not only did UN Resolution 2334 fail to hold Israel accountable, it, in some way, facilitated further Israeli expansion in the West Bank, paving the road for the annexation that will surely follow.
– Ramzy Baroud is a journalist and the Editor of The Palestine Chronicle. He is the author of five books. His latest is “These Chains Will Be Broken: Palestinian Stories of Struggle and Defiance in Israeli Prisons” (Clarity Press, Atlanta). Dr. Baroud is a Non-resident Senior Research Fellow at the Center for Islam and Global Affairs (CIGA), Istanbul Zaim University (IZU). His website is www.ramzybaroud.net
Turkey denies UK news report attacks against Israel planned on its soil
![Hamas chief Ismail Haniyeh informs Hanna Nasser, head of the Palestinian Central Election Commission, that Hamas agrees to the plan for holding Palestinian elections [Mohammed Asad/Middle East Monitor]](https://i0.wp.com/www.middleeastmonitor.com/wp-content/uploads/2019/11/30-016-8-2019mo-asad-hamas-electionsIMG_0122.jpg?resize=1200%2C800&quality=85&strip=all&ssl=1)
Hamas chief Ismail Haniyeh informs Palestinian Central Election Commission head Hanna Nasser that Hamas agrees to Palestinian election plans [Mohammed Asad/Middle East Monitor]
MEMO | December 18, 2019
The British newspaper the Telegraph has accused Turkey of allowing Hamas to conduct terror attacks on Israel from Istanbul, claims Ankara has denied.
In a report published today, which cited information allegedly gained by Israeli police and security sources from interrogations of the group’s detained suspects, the paper claimed that Hamas’ operations in Jerusalem and the West Bank are being plotted from Turkish soil with authorities there turning a blind eye.
One such operation was a plot to assassinate the mayor of Jerusalem and the national police commissioner.
The report was released only days after Turkish President Recep Tayyip Erdogan hosted Hamas chief Ismail Haniyeh in Istanbul as part of the latter’s foreign tour.
Turkish President Recep Tayyip Erdogan is reported to have reassured the Hamas official that “We will keep on supporting our brothers in Palestine.” Haniyeh and his party then praised the president for his continued support and “positions vis-a-vis the Palestinian people and their just cause”.
The report also cited accusations by Israeli officials that Turkey has broken a commitment made in 2015 between it and the US, which forbade the country from allowing Hamas to plan operations against Israel as a result of the latter’s continued occupation of Palestinian territories.
According to the report, Israel’s Foreign Ministry stated that “Israel is extremely concerned that Turkey is allowing Hamas terrorists to operate from its territory, in planning and engaging in terrorist attacks against Israeli civilians.”
The accusations levelled at Turkey and Erdogan add to the Jewish State’s long-time criticism of the Republic’s hosting of figures associated with Hamas, the political party which runs the besieged Gaza Strip, and its ties to the Palestinian cause as a whole. While Turkey perceives talking with Hamas as a viable option to provide solutions to end the Israeli-Palestinian conflict and further the establishment of an independent Palestinian state, Israel sees it as accommodating a “terrorist group” which fights against its continued occupation of Palestinian territories.
The accusations by the Telegraph and its report have been strongly denied and refuted by Turkey, with a diplomatic source saying that Hamas is “not a terrorist organisation”.
The Palestinian movement has slammed the report as “baseless” due to the fact that “Hamas’ resistance activities are conducted only in the land of occupied Palestine.”
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From the Archives
Who Runs Our World?
Netanyahu addresses US Congress
By Richard Hugus | January 4, 2019
Our world is run by oligarchs, the holders of vast wealth from monopolies in banking, resource extraction, manufacturing, and technology. Oligarchs have such power that most of the world doesn’t even know of their influence over our lives. Their overall agenda is global power — a world government, run by them — to be achieved through planned steps of social engineering. The oligarchs remain in the background and have heads of state and entire governments acting in their service. Presidents and prime ministers are their puppets. Bureaucrats and politicians are their factotums.
Who are politicians? Politicians are people who work for the powerful while pretending to represent the people who voted for them. This double-dealing involves a lot of lying, so successful politicians must be good at it. It’s not an easy job to make the insane agenda of the powerful seem reasonable. Politicians can’t reveal this agenda because it almost always goes against the interests of their constituents, so they become adept at sophistry, mystification, and the appearance of authority. For example, wars for Israel have been part of the agenda of the powerful for years. Since 2001, wars for Israel have been sold as “the war on terror” and lots of lies had to be made up as to why the war on terror was a real thing. The visible faces promoting the war on terror were neoconservatives in the US, almost all of whom were advocates for Israel, or Zionists. Zionists are not the only members of the oligarchy, but they seem to be its lead actors. ... continue
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