‘Permanent War Economy’: EU Defense Policy ‘Outsourced’ to Arms Industry
Sputnik – October 17, 2107
A report issued by Belgian campaign group Vredesactie (Peace Action) has documented how Europe’s defense industry played a pivotal role in the development of military strategies, with plans closely modeled on proposals made by major arms firms.
In 2016, the European Union took an unprecedented step, setting up the Preparatory Action on Defense Research — a military program worth US$1.05 billion — and proposing the establishment of a European Defense Fund, which allocates almost US$50 billion to the research, development and procurement of weapons over 10 years. While civil society, the academic world, and the European Parliament, were almost entirely excluded from policy discussions, the European arms industry left a “heavy footprint” in negotiations.
In essence, as the militarization of the 28-member bloc has accelerated rapidly, the arms industry has had access to every stage of decision-making processes, from setting agendas to drawing up the provisions of various action plans, Vredesactie has found.
“Rather than a reflection of what security means and how to ensure it, the European strategy is dominated by developing and selling new capabilities. Supporting the defense industry has become a goal in itself. Meanwhile, actual security challenges remain unanswered and mistakes from past policy choices perpetuated, at a high cost,” the report stated.
Over the course of their investigation, Vredesactie uncovered minutes of a 2015 meeting of the so-called Group of Personalities (GoP), a working group set up by the Commission, whose subsequent report laid the foundations of the European Defense Action Plan. At the meeting, a Commission civil servant said the goal of the group’s report was to “overcome resistance towards a defense research program.”
No Representation
GoP membership was heavily skewed towards the defense industry, with “barely any” independent voices represented, “let alone” critical voices such as peace groups or human rights organisations. The only member of the European Parliament that participated, center-right German Michael Gahler, is “known for his pro-military views” and a board member of a defense lobby organization.
Vredesactie noted the setting up of a Group of Personalities was “rare” and seems to have been deliberately used to evade “even basic levels of transparency” — the GoP was not registered as an expert group, and expert groups are to a certain extent subjected to rules regarding transparency (e.g. dates of meetings, agendas and minutes are publicly available).
“In the case of the GoP not even these basic rules were enforced. The reasons stated by the Commission for setting up the GoP have been inconsistent. The Commission at first declared the GoP is an expert group and therefore did not include any representatives from civil, but the Commission later denied [this], stating it provided political and strategic advice. In reality the GoP laid down the ideological foundation for the further militarization of Europe,” the report continued.
Disturbing Dynamic
The report concludes there is a “disturbing dynamic” going on at the EU level — what originally began life as a project to ensure continental peace between former perpetually-warring powers, has mutated into a bloc “subsidizing an industry which exports war.”
“The European Defense Fund creates a self-fulfilling and continuous loop between supply and demand, funded with public money. This creates the specter of a European permanent war economy, which has to be constantly funded by public means to remain competitive. The military technologies developed now, shape the wars of the future — the EU has already started developing autonomous systems through the Pilot Project and the Preparatory Action, despite warnings from both the scientific community as well as the European Parliament,” the report cautioned.
Furthermore, the disastrous impact of arms exports on the world has “not even [been] considered by European leaders,” instead viewed as a sign of a “thriving defense industrial base.” Modest calls for an upgrade of arms export control policies have not been heeded, and the European Defense Fund “will not lead to more security — because it is not meant to lead to more security.”
“The fund is an industrial stimulus fund for the major European arms-multinationals, located in only a few European countries. The undue influence of these companies at every level of the decision-making process has led to an outcome which solely takes economic considerations into account. This raises questions on the democratic legitimacy of these policies. Similarly, most Europeans are opposed to increased military expenditures and do not think ‘hard power’ is effective in combating terrorism,” the report concluded.
Trump holds back from destroying Iran deal
By M K Bhadrakumar | Indian Punchline | October 14, 2017
The US President Donald Trump’s statement on Friday regarding Iran turned out to be high on rhetoric but lacking in substance. Simply put, Iran can learn to live with it, as things stand. Prima facie, Trump ‘decertified’ the Iran nuclear deal – that is to say, he refused to certify that Iran is fulfilling its commitments under the agreement. On the other hand, it is an action that falls exclusively within the domain of the relevant US law, and has per se nothing to do with the implementation of the Iran deal.
The point is, Trump has not torn up the agreement. He has instead tossed the ball into the court of the US Congress, leaving it to the lawmakers to impose sanctions against Iran (which would effectively undermine the nuclear deal.) But then, the likelihood of the Congress imposing sanctions (or assuming the political responsibility to destroy the Iran deal) is also very low. Trump probably knows it, too. And, without a re-imposition of sanctions, the nuclear deal is not in any jeopardy.
So, what has been Trump’s game plan? First, his tirade against Iran – even recalling the hostage crisis in 1980 – shores up the traditional concerns of the Republican Party regarding Iran’s role in the Middle East and appeases the Israeli lobby. Second, Trump has taken one more step to fulfill his pledge to undo the legacy of his predecessor (after having scuttled the Trans-Pacific Partnership Agreement and the Paris accord on climate change.) Third, Trump probably calculated that his brinkmanship – stepping up to the line but not killing the nuclear agreement – would enable him to rally the US’ European allies to a joint platform to pressure Iran to rein in its missile program and to moderate its regional policies.
The firm stance taken by the European Union – and UK, France and Germany, in particular – in support of the Iran nuclear deal has proved to be the clincher. The US faces isolation in the international community if it abandons the nuclear deal. An extraordinary joint declaration by the heads of governments of UK, France and Germany underscored that preserving the nuclear deal “is in our shared national security interest.” Having said that, the statement offered cooperation to the US in engaging Iran in constructive dialogue to work toward “negotiated solutions” to the concerns raised by Iran’s ballistic missile program and its regional activities. In sum, US’ European allies have suggested a twin-track approach – on the one hand preserve the nuclear deal while on the other hand independently address “our collective wider concerns” regarding Iran’s foreign and security policies.
The Iranian Foreign Ministry has reacted to Trump’s statement, meeting rhetoric with rhetoric. Evidently, Tehran understands that Trump has left the nuclear deal untouched and the chances are that the agreement may remain in place for the foreseeable future. Tehran will be open to the idea of a “constructive dialogue” with the Western powers on issues of mutual concern. Interestingly, the Iranian statement has reiterated that “Iran will not be the first to withdraw from the deal, but if its rights and interests in the deal are not respected, it will stop implementing all its commitments and will resume its peaceful nuclear program without any restrictions.” The text of the Iranian statement is here.
Living Under the French Hate Speech Laws
By Lawrence G. Proulx • Unz Review • October 4, 2017
The term “hate speech” is employed more and more these days, and Internet companies and government agencies are being urged to suppress it. So it might be worthwhile to consider how countries without a First Amendment treat the types of speech that are likely to fall within the ever-expanding definition of the term.
I can report on one such country, France, which may be representative of European countries generally. I worked there as an (English-language) newspaper copyeditor from 1999 to 2016. While I am not competent to describe precisely how its complex legal system works, I believe I can offer an informative overview. To do this well, many thousands of words are necessary, but I have divided them into sections and invite you to jump ahead to the next whenever you might feel bogged down.
The United States is often described as a litigious society, even as the litigious society. This view has been shared by the French at least since the publication of “Democracy in America,” in 1835, in which Alexis de Tocqueville wrote that “there is hardly a political question in the United States which does not sooner or later turn into a judicial one.”
Today, however, an American observing French public life is likely to be surprised by the frequency with which the courts are asked to punish people for things written or said. A legal tradition different from our own, to which have been added a number of specific criminal laws, has produced a regulatory system in which fines, damage payments and prison sentences (almost always suspended) are imposed for violations.
In the United States, punishment for saying or writing things that others find objectionable is sometimes imposed by private entities, such as employers, and in the past few decades many businesses, institutions and organizations have established restrictions on expression. But the means of engaging the judiciary in this enterprise are severely limited. In this the United States differs not only from France but also from many other European countries as well as the developing legal structure of the European Union.
The First Amendment to the U.S. Constitution states that “Congress shall make no law … abridging the freedom of speech, or of the press.” The Declaration of the Rights of Man and the Citizen, adopted during the French Revolution and confirmed explicitly in 1958 in the preamble to the constitution of the Fifth Republic, states: “The free communication of ideas and opinions is one of the most precious of the rights of man. Every citizen may, accordingly, speak, write, and print with freedom, but shall be responsible for such abuses of this freedom as shall be defined by law.”
It would be simplistic to say that the difference between the two systems lies primarily in the “but” clause of the latter. But even if the American amendment has inevitably been moderated by court decisions through the years, it does make every abridgment fight for its life, as it were, whereas the French formulation takes the inevitability of exceptions as a matter of course.
What infractions must a speaker or writer or editor or publisher avoid in order to stay within the law in France? Here are the basics, as discussed in the manual “Droits des journalistes et liberté d’expression” by Bernard Dapogny and Marion Dapogny:
- False news, “made in bad faith, that disturbs the public order or is capable of disturbing it.”
- Use of a false document in reporting.
- Attempt to harm the discipline or morale of the armed forces or to hinder a war effort.
- Defamation.
- Insult. [The distinction between this and the preceding is that defamation must assert something specific, whereas insult can be merely an offensive word.]
- Attempt to harm a person’s honor or reputation.
- Defamation of or insult to the judiciary, the military services, various other public bodies including “junior high schools, high schools, universities, the Legion of Honor” as well as “local administrations, the police, hospitals, penitentiaries.”
- Defamation of or insult to persons acting in a position of public authority, including “representatives and senators, ministers and Secretaries of State” as well as “police personnel, magistrates, teachers.”
- Defamation or insult based on race, religion or belonging to an ethnic group or a nation.
- Defamation or insult based on sex, sexual orientation or handicap.
- Defamation of or insult to deceased persons, where the offense touches on the honor of the heirs or close survivors.
- Provocation to the commission of a crime which leads to the crime.
- Provocation to the commission of a crime which doesn’t lead to the crime.
- Indirect provocation (apology), that is, stating that certain crimes were justified, including “war crimes, crimes against humanity or crimes in collaboration with the enemy.”
- Provocation to hate, violence or discrimination, which could be based on a person’s “origin, sex, family situation, state of pregnancy, physical appearance, family name, state of health, handicap, genetic characteristics, morals, sexual orientation, age, opinions, politics, labor union activity, belonging or not belonging, real or supposed to a particular ethnic group, nation, race or religion.”
- Provocation to or apology for terrorism.
- Contesting “the existence of one or several crimes against humanity as defined by Article 6 of the charter of the International Military Tribunal [the Nuremberg Tribunal] annexed to the London Agreement of August 6, 1945, and which were committed by the members of an organization declared criminal in application of Article 9 of the said charter, by a person recognized as guilty of such crimes by a French jurisdiction or by an international one.” Enacted in July 1990 and called the Gayssot Law.
- Offending the president of the Republic. [This law was repealed in 2013.]
Many of these laws are seldom invoked; others are used frequently. To put flesh on the matter, I offer you a list of cases from 2013 that I put together in 2014 for an article that never found a publisher. (Sorry, but the work of assembling it was too tedious for me to undertake it again, and I think the general impression given by more recent cases would not be different.) Although details of the offensive language are frequently omitted in the news reports from which this list is compiled, a quick look will give a sense of how routine the cases are.
One thing should be mentioned first. An anti-racism law passed in July 1972, commonly called the Pleven Law, strengthened the restrictions on speech and granted to private associations dedicated to fighting racism the right to participate in the prosecution of criminal cases and to claim damages as well. Amendments to the law empowered additional categories of associations, for example, associations working “to defend the moral interests and the honor of veterans and victims of war and of those who died for France” or “to defend the memory of slaves and the honor of their descendants.” Such associations are frequently the first to blow the whistle on remarks they consider violative, and because they have the standing to file complaints even when no particular person is targeted by the contested remarks, their legal recognition is an important factor in the number of cases brought before the courts today.
January
Marie-Josée Roig, the mayor of Avignon, files a complaint for public insults contained in a book purporting to be fiction (“Le Monarque, son fils, son fief”) by Marie-Célie Guillaume in which a character who resembles Nicolas Sarkozy, the former president, demands a quick sexual “present” from a woman who resembles Roig.
Daniel Boyer, the mayor of Châteaubernard, files a complaint for public insults after a wave of graffiti attacking him and various acts of vandalism.
Frédéric Haziza, a Jewish journalist, files a complaint for public insult and public insult committed against a person because of his religion, after being attacked on the website of Alain Soral, a self-described anti-Zionist activist. Haziza had refused to invite Soral onto his show to discuss Soral’s book “Comprendre l’empire” because of Soral’s “clearly antisemitic” views.
March
A judge, Jean-Michel Gentil, files a complaint for contempt and insult against Henri Guaino, a deputy in Parliament, for having said that the judge “dishonored the [state] institutions and justice” after Sarkozy was interrogated on suspicion of abusing the weakness of a rich aged widow.
Bloc Identitaire, a nationalist group, announces its intention to file a complaint for public insult against Yann Galut, a deputy from the Cher department, for having called the members of the bloc “casseurs” (protesters who destroy property) in a Twitter message.
April
Rama Yade, a former secretary of state for human rights and for sports, is found guilty of defamation and insult for eight of twenty-eight contested statements posted on her blog about a political opponent, Manuel Aeschlimann, after she was challenged over her domicile status in the Hauts-de-Seine department.
May
Yvan Benedetti and Alexandre Gabriac, right-wing activists, file a complaint against Jean-François Carenco, the prefect of Lyon, and Albert Doutre, director of public security, for “hateful” public insults (such as “imbecilities” and “thugs”) made during the containment of a nationalist youth protest in front of the Socialist Party local headquarters.
June
The city of Angers files suit against a shopkeeper for public insult in the form of signs he put up to protest a proposed tax on businesses that serve clients on the sidewalk, which followed among other things a police check of whether he was serving alcohol without the proper license.
Pierre Dubois, the mayor of Roubaix, and the Human Rights League file a complaint against an unnamed man who, during the course of a heated discussion at a public meeting, suggested that the Roma (Gypsies) be sent to Auschwitz.
July
Sylvie Goy-Chavent, a senator of the Ain department who prepared a report on the security of meat production in France, files a complaint against a website, Internet JSSNews.com, which describes itself as a webzine of Israeli opinion, for calling her such things as “bitch” and “little shit” and writing, among other things, “Goy, she wears her name well.”
September
The Union of Jewish Students of France says it will file a complaint against the weekly magazine Valeurs Actuelles for provocation of racial or religious discrimination, hatred or violence. The group describes the cover of the magazine’s Sept. 26 issue, which shows a white bust of a woman representing France wearing a black Islamic veil and bearing the title “Naturalized: The Invasion They’re Hiding,” as “racist” and “hateful.” The magazine says in return that it will file a complaint against the group for calumnious denunciation, defamation and attack on freedom of expression.
The Foundation for the Memorial of the Black Slave Trade, along with the Federation of African Associations, the National Union of Overseas France, and other organizations and individual citizens file a complaint against Jean-Sebastien Vialatte, a deputy in Parliament, for public insult, defamation and incitement of racial hatred and racial discrimination, for his remarks after vandalism occurred during a celebration of the Paris Saint-Germain soccer team. He had sent a Twitter message in which he said sardonically that “the people who vandalize are surely descendants of slaves, they have excuses[.] #Taubira [the justice minister] will give them some compensation!”
October
The League for the Judicial Defense of Muslims files a complaint against the weekly newspaper Charlie Hebdo for its July 10 cover which had a cartoon captioned in large letters with “The Koran, it’s shit; it doesn’t stop bullets”; against the magazine Valeurs Actuelles for its Sept. 26 cover; against the website Riposte Laïque for various articles; and against Manuel Valls, the secretary of the interior, for provocation of discrimination and hate, for saying, “Within ten years we will show, we are in the process of showing, there is a will, that Islam is compatible [sic] with the Republic.”
Bruno Gilles, a senator in the Union for a Popular Movement, files a complaint against a socialist, Patrick Mennucci, for “defamation and public insults.” “He called me a racist and xenophobe,” the senator said.
France-El Djazaïr, a Franco-Algerian friendship association, announces that it will file a complaint against a police officer in the city of Alès for “insults and incitement to xenophobic and Islamophobic hatred”; the officer had put on his Facebook profile page a photo-montage representing the Algerian flag over which was written “I hate Algeria,” attached to an image of a man wiping his bottom with the flag.
Bachir Bouhmadou, adjunct general secretary of Citizen Resistance, and Ali Saab, president of the Association of Muslims of the Territory of Belfort, file a complaint against Christine Tasin, a militant with the group Republican Resistance, for videotaped comments opposing ritual Islamic butchery and criticizing Islam.
Abdellah Zekri, the president of the National Observatory Against Islamophobia, says he will file a complaint after his house was defaced with swastikas and graffiti saying “Islam Out” and “Heit [sic] Hitler.”
The National Front says it will file a complaint against Christiane Taubira, the justice minister, for public insult for having described the party’s way of thinking as “deadly and murderous” and summarizing it thus: “It’s the blacks in the branches of the trees, the Arabs in the sea, the homosexuals in the Seine, the Jews in the oven and so forth.”
November
A 65-year-old man is found guilty of insulting Claudine Ledoux, the mayor of Charleville-Mézières, on his website, l’Union-l’Ardennais, in a manner described by a regional newspaper as “menacing, racist and sexist,” in relation to her being made a knight in the Legion of Honor; he is ordered to pay a fine of one thousand euros and damages for mental distress of the same amount to Ledoux.
The association SOS Racisme says it will file a complaint for incitation to racial hatred against Minute, a 16-page rightist weekly, for its cover with a photo of Justice Minister Christiane Taubira, who is a native of French Guiana, and for the title “Clever Like a Monkey, Taubira Finds the Banana Again,” which combines two common French expressions; to have the banana (or the peach) means to be full of energy.
A player files a complaint for racial insult after a rough soccer game (three red cards) between the second-stringers of the Sablé and Lude clubs. A player explained: “This attacker called me a dirty white. I called him a dirty black.”
The Movement Against Racism and for the Amity of Peoples files a complaint for provocation of racial hatred against Manuel Valls, minister of the interior, for comments about the Gypsies including, “The Gypsies should stay in Romania or return there.” The case will be dismissed in December 2013.
Bob Dylan is put under formal investigation for insult and provocation of racial hatred after the Representative Council of the Croatian Community and Institutions of France files a complaint against both him and the magazine Rolling Stone, the French version of which republished an interview in which he said, “If you’ve got a slave master or the Klan in your blood, blacks can sense that. … Just like Jews can sense Nazi blood and the Serbs can sense Croatian blood.” The case will be dismissed in April 2014.
December
The comedian Nicolas Bedos testifies after being accused of complicity in making a public racial insult in an article in the magazine Marianne as well as on its website; among the phrases he used were “Negro bugger,” “island indolence” and “lazy natives.”
Gérard Huet, the mayor of Loudéac, is sued by the Human Rights League for comments about Gypsies he made at a meeting to discuss expenditures to renovate the area where the Gypsies were living. “They’ve stolen all our plumbing,” he says, and he later objects to the comment of another member of the city council with, “You’re defending thieves?” He sues the league in return for harassment.
The comedian Dieudonné files a defamation complaint after Alain Jakubowicz, the president of the International League Against Racism and Antisemitism, describes the “quenelle,” a gesture used by the comedian and his fans, as “corresponding to an inverted Nazi salute signifying the sodomizing of the victims of the Holocaust.” Dieudonné also says he will sue Le Monde, Le Figaro, BFMTV, France 2 and Manuel Valls, the interior minister.
The imam Hicham El Barkani files a complaint for insult after a protest described as islamophobic against the opening of a mosque in Papeete.
Historians on Trial
Some cases have greater import than those listed above, as when historians are attacked for their work.
The Columbia University historian Bernard Lewis gave an interview to Le Monde on November 16, 1993, in which he discussed the killings of Armenians by Turks during the First World War. In the course of it he said, “If one speaks of genocide, that implies that there was a deliberate policy, a decision, to systematically annihilate the Armenian nation. That is quite doubtful. Turkish documents prove a will of deportation, not of extermination.” On January 1, 1994, in response to strong objections to his remarks, he published a further explanation of his position, again in Le Monde, ending with a repetition of his main point, that “no serious proof exists of a decision and a plan by the Ottoman government aiming at exterminating the Armenian nation.” He was sued by the Forum of Armenian Associations of France and the International League Against Racism and Antisemitism on the claim that he had “gravely hurt the memory and respect of the survivors and of their families.” The civil court of Paris ruled that Lewis had “failed to meet his duty of objectivity and prudence in expressing himself without nuance on so sensitive a subject” and ordered him to pay a franc each to the two associations as well as the cost of publishing the decision. Lewis was also the defendant in other civil cases and one criminal one on the same subject, all of which were dismissed.
In 2001, the French Parliament “publicly recognized the Armenian genocide of 1915,” and in 2012 the Parliament passed a law instituting a punishment of imprisonment for one year and a fine of 45,000 euros of anyone who “contests or minimizes in an outrageous fashion” genocides recognized as such by French law, but the Constitutional Council ruled the latter law unconstitutional a month later. Both of the main candidates for president that year, Nicolas Sarkozy and François Hollande, soon announced that they would seek a new law to criminalize denial of the Armenian genocide, and in January 2017 a law took effect providing for a year of prison and a fine of 45,000 euros for those who denied, belittled or “banalized in an outrageous way” recognized genocides, crimes against humanity, and enslavement or exploitation of an enslaved person.
In 2001 Parliament also passed a law recognizing “that the trans-Atlantic trade in Negroes as well as the trade in the Indian Ocean on the one hand, and, on the other hand, the slavery perpetrated starting in the 15th Century, in the Americas and the Caribbean, in the Indian Ocean and in Europe against the Africans, Amerindians, Madagascans and Indians constitute a crime against humanity.” Four years later this law was invoked against Olivier Pétré-Grenouilleau, a professor at the University of Southern Brittany. In the course of an interview given on June 12, 2005, in relation to his book “Les traites négrières” (The Negro Slave Trades), which had won many awards including the Senate History Book Prize, Pétré-Grenouilleau rejected a comparison of the slave trades to the Jewish Holocaust: “The slave trades are not genocides. The slave trade didn’t have the goal of exterminating a people. The slave was a good that had a market value that one wanted to make work as much as possible.” An association representing people of the Caribbean, French Guiana and Réunion filed a complaint against him for denying a crime against humanity and demanded that he be “suspended from his university functions for revisionism.” In the vehement debate that ensued, Pétré-Grenouilleau was strongly supported by many prominent historians, and in February 2006, acknowledging this opposition, the association withdrew its complaint.
Shortly before the Pétré-Grenouilleau affair erupted, another “memorial” law had been passed, in January 2005, aimed generally at recognizing the suffering of those French citizens who had been repatriated from North Africa at the end of the Algerian War. This law had itself evoked controversy, by requiring that “school programs recognize in particular the positive role of the French presence overseas, notably in North Africa.” A year later the law was emended and the “positive role” removed.
Real Prison Sentences
I know of only three writers who have recently been given sentences that were “fermes,” as the French say, that is, that were not suspended as soon as pronounced. Vincent Reynouard is a Frenchman born in 1969 and trained as a chemical engineer who has argued that the Nazis had no plan to exterminate the Jews and that gas chambers were not used to kill people. Among the many videos he has placed on the Internet, there is one in which he expresses his admiration for Hitler; he says, “I think that Hitler was a man too good for the 20th Century, too honest, too straightforward.” A month after being arrested in Belgium, Reynouard was extradited to France in August 2010 and served seven and a half months in prison for contesting a crime against humanity. He has continued to produce writings and Internet videos, and in February 2015 he was convicted of contestation of crimes against humanity and sentenced to two years in prison. In November 2016 he was given a five-months sentence for publishing two videos in which he stated that he would offer 5,000 euros to “anyone who can show me, in free, candid and courteous debate, that the homicidal Hitlerian gas chambers are not a myth of history.” To avoid a return to prison, he is said to be living in England.
Hervé Ryssen, according to Wikipedia, has been sentenced several times for his writings about Jews on counts, among others, of racial insult, racial defamation, defamation against a group of persons because of their belonging to a certain race, and incitation to racial hatred; and Boris Le Lay, who is living in Japan, has been sentenced in absentia many times, most recently in July this year to serve 32 months in prison and to pay 31,500 euros to the groups representing the supposed victims, for his writings judged to constitute incitement to discrimination and to racial hatred and violence, and to contain public racial insults. Among the recent charges against Le Lay was one of making death threats against activists of the Human Rights League; I have not been able to determine if he was convicted of this; if he was, he appears in that instance to be an exception to the other cases discussed in this article, which involve no violence or threat thereof.
Politicians on Trial
Although many speech cases involve politicians, two in particular deserve mention because they arguably played a role in the presidential election of 2007.
The first round of the previous election, in 2002, had stunned the country as Jean-Marie Le Pen, the leader of the National Front, edged out Lionel Jospin, the Socialist candidate, for a place in the second round. Le Pen’s share of the first-round vote was only 16.9 percent, but Jospin was handicapped by an abundance of rivals on the left who split the vote. Before the second round, a broad denunciatory publicity campaign to block Le Pen took place, and his opponent, Jacques Chirac, the incumbent, refused to debate him. Chirac was re-elected with 82 percent of the vote.
Before the next election, in 2007, both Le Pen and the party’s second-ranking member, Bruno Gollnisch, would be defendants in high-profile cases over things they said.
On January 7, 2005, the rightist weekly Rivarol published an interview in which Le Pen said: “In France, at least, the German occupation wasn’t particularly inhumane, even if there were slip-ups, inevitable in a country of 550,000 square kilometers.” He also related a story about a German lieutenant, “crazy with pain” after an attack on a train in which many young soldiers died, who he said would have shot up a village had the Gestapo not intervened. Various groups filed complaints, and in March an investigation was formally opened. In February 2008 he was found guilty of complicity in the contestation of crimes against humanity and complicity in apology for war crimes. In January 2009 the appeals court in Paris confirmed the verdict on the first count but threw out the war-crimes verdict. In April 2011 the Court of Cassation overturned the crimes-against-humanity verdict, and remanded the matter to the appeals court, which again found him guilty in February 2012, a judgment confirmed by the Court of Cassation in June 2013. Le Pen was sentenced to three months in prison (suspended) and assessed a fine of 10,000 euros, and the editor of Rivarol and the interviewer were fined 5,000 euros and 2,000 euros respectively. Three of the complainant groups were awarded damages of 5,000 euros each, and Rivarol was ordered to pay for the publication of the decision in Le Figaro.
In the other case, Gollnisch, a professor of Japanese language and culture at the University of Lyon who at the time was director general of the National Front (before the ascension of Marine Le Pen), was charged with contestation of crimes against humanity for responses to a journalist’s questions at a press conference in October 2004. No electronic recording was made, but he was quoted as saying: “There is no serious historian who accepts completely the conclusions of the Nuremberg Tribunal; I think that the discussion should remain free concerning the drama of the concentration camps. The number of deaths, the manner in which the people died —historians have the right to discuss. … I don’t deny that there were homicidal gas chambers, but the discussion should remain free.” In 2006, before the verdict was rendered, he was suspended from his university post for five years.
During the trial Gollnisch was questioned intensively for hours one day in November 2006 over his true beliefs on the matter, and the attorney examining him, Alain Jakubowicz, representing the International League Against Racism and Antisemitism, said he would withdraw from the case if Gollnisch would only admit “that the organized extermination of the Jews of Europe by the Nazi regime during the Second World War constitute an incontestable crime against humanity perpetrated notably by the use of gas chambers.” According to Le Monde, Gollnisch appeared surprised and hesitated before giving an answer that might alienate the “hard fringe of his movement.” Gollnisch replied, “Completely.” Asked to repeat his answer, he said: “My answer is affirmative.” He was convicted in January 2007, three months before the first round of the presidential election, and sentenced to serve three months in prison (suspended) and pay a fine of 5,000 euros. An appeals court in February 2008 confirmed the conviction and added fines totaling 39,000 euros to be paid to nine associations devoted to fighting racism or representing people deported from France during World War Two. But in June 2009 the Court of Cassation, judging that his contradictory remarks as presented to the court did not constitute contestation, overturned the verdict without possibility of retrial.
However these cases might be viewed in relation to freedom of speech, they also merit attention from a purely political point of view. In the 2002 election, Jean-Marie Le Pen scored an upset in the first round; in 2007, Nicolas Sarkozy won the presidency by, in the view of many commentators, “borrowing the discourse” and luring the voters of Le Pen’s party. In between, both Le Pen and his righthand man were put on trial, to the accompaniment of much public commentary, on charges that suggested their approbation of Nazi atrocities. Under such circumstances, borrowing and luring may be much easier than would otherwise be the case.
Censored Books
In September 2013 the International League Against Racism and Antisemitism sought an injunction from a court in Bobigny to order the excision of passages from five books republished by Kontre Kulture, a publishing enterprise whose publication director is Alain Soral. David-Olivier Kaminski, an attorney for the league, described Soral as someone known as a “vector of hate” and characterized the re-editions as a “provocation, with the purpose of arousing tensions.” The league also asked for 20,000 euros in damages for each of the five books.
In November the court ordered the withdrawal from sale of one of the books, “L’Anthologie des propos contre les juifs, le judaïsme et le sionisme” by Paul-Eric Blanrue, which had originally been published by another publisher in 2007, and the removal of certain passages from the four others, all of which were reprints of books published long ago: “La France juive” by Edouard Drumont, “Le salut par les juifs” by Léon Bloy, “Le juif international” by Henry Ford, et “La controverse de Sion” by Douglas Reed. The court judged that the works constituted “insult toward a group of persons because of their belonging to a specific religion,” “negation of crimes against humanity,” and “provocation of racial hatred.” Kontre Kulture and Soral were also ordered to pay 8,000 euros each to the league as well as a part of its legal expenses. In December 2014 a court overturned the previous ruling on the “Anthologie” and it was again allowed to be sold.
The media reaction focused principally on the book by Léon Bloy. Bloy’s great-grandchild, Alexis Galpérine, reminded readers in Le Figaro that Bloy was a “philosemite” and that “Le salut par les juifs” had been recommended as a “book against antisemitism” by Franz Kafka. Pierre Glaudes, a professor at the Sorbonne, wrote in the weekly magazine Le Nouvel Observateur : “This decision of justice arouses astonishment and disquiet by attacking a literary work that is 122 years old and has been republished several times without having attracted lightning strikes by justice. … This condemnation sets a dangerous precedent. Why not censor ‘The Merchant of Venice’ by Shakespeare, ‘Gobseck’ by Balzac or ‘Money’ by Zola for their antisemitic statements?”
Stage Show Blocked
The case of the comedian Dieudonné M’bala M’bala merits notice particularly for the legal manner in which the performance of his show “The Wall” in Nantes was forbidden in January 2014.
Dieudonné, the son of a Cameroonian man and a French woman, performed for several years early in his career with a Jewish partner, and their sketches often made fun of racism. Eventually he came to hold Jews responsible in large part for the slave trade, he expressed resentment at the attention given to the Holocaust in comparison with that given to the slavery, and he came to regard Jews not as fellow victims of prejudice but instead as important members of a power structure in which people of the Third World and of Third World origin are kept down. His new acts were sharply criticized, and he responded with provocations such as including Robert Faurisson, notorious as a denier of the Holocaust and gas chambers, in his acts. Dieudonné was found guilty of racial insult or defamation on numerous occasions, for example, for saying that a television host financed the Israeli Army, “which doesn’t hesitate to kill Palestinian children”; for characterizing Holocaust remembrance as “memorial pornography”; for stating that the directors of a pro-Israeli website were trying to paint him as an antisemite and “son of Hitler”; for describing the International League Against Racism and Antisemitism as one of the “mafia-like associations that organize censorship, … that deny all concepts of racism except that concerning the Jews. In fact, they are nothing but Israeli agents.”
Largely excluded from television and other standard venues, he has nonetheless maintained an enthusiastic and politically and racially mixed following through his stage shows and videos. In January 2014 his stage show “The Wall” was challenged by the government as a threat to public order and to the dignity of the human person. Its performance in Nantes was banned by the prefecture of the Loire-Atlantic region, which judged that it contained antisemitic remarks that would incite racial hatred and constitute an apology for discriminations, persecutions and exterminations perpetrated in the course of the Second World War. The ban was lifted on the day of the show by the region’s administrative tribunal, which held that the show “could not be regarded as having as its essential purpose an affront at human dignity,” but the tribunal’s ruling was overturned and the ban reinstated later the same day by a judge of the Council of State, the highest court in the administrative-law system, after an urgent request by Interior Minister Manuel Valls.
Conclusion
French people in general seem content with the way free speech questions are handled. If in private they will occasionally murmur that “one can’t say anything anymore,” in public there is very little disagreement over the necessity of punishing infractions involving remarks characterized as racist or antisemitic or “negationist.” Prominent cases, such as the many brought against Jean-Marie Le Pen, are approved, explicitly or implicitly, by the vast majority of commentators in the press and on the radio and television. Even publications that push the limits of public tolerance in other ways — for example, with crude or even violently obscene and sacrilegious writings and cartoons — do not defend the targets of anti-racism or anti-contestation laws on general free-speech grounds; quite the contrary.
There is no high-profile organization or figure that publicly espouses the famous words that Voltaire apparently never really said, “I disapprove of what you say, but I will defend to the death your right to say it.” Over all the attitude is closer to that attributed to the revolutionary Saint-Just, “No liberty for the enemies of liberty.” The slogan of the International League Against Racism and Antisemitism, one of the organizations most active in denouncing speech offenders, is “Racism is not an opinion but a criminal offense.” Even a group such as Reporters Without Borders, which works to further the freedom of the press throughout the world, generally makes no objection to the laws discussed above, although it did oppose the one criminalizing the denial of legally recognized genocides. In an interview, Antoine Héry, in charge of the group’s activities in the European Union and the Balkans, explained to me: “I think that the problem in France is that there really are racist statements — many. … This climate exists; it isn’t a phantasm. There is, from this point of view, a necessity to regulate a little the domain of speech, because there are abuses. I don’t think that in the United States one finds this sort of mass behavior — because it is massive, it isn’t just one guy in his corner doing his thing.”
There have been dissident voices on the subject of the criminalization of so-called negationism and other “memorial laws.” One of the most prominent is a group called Liberté pour l’Histoire, which was formed in 2005 in response to what seemed about to become a wave of such laws. In a public appeal signed by nineteen historians in December of that year and later by hundreds more, it stated that “in a free state, it is not the business of the parliament nor of the judicial authority to define historical truth” and called for “the abrogation of these legislative measures unworthy of a democratic regime.” But even this unambiguous stand is not so solid as it might appear. In 2010, at the International Congress of Historical Sciences in Amsterdam, the group’s president, Pierre Nora, spoke of the Gayssot Law and stated: “It is now twenty years since the law was voted, and even if we continue to regret it intellectually speaking, the association Liberté pour l’Histoire does not campaign for its suppression and does not wish to challenge it for the simple reason that this legal and official challenge would only be seen in the public eye as authorizing and even encouraging the denial of the Jewish genocide.” There could hardly be a better illustration of the French ambivalence on the matter than this.
This ambivalence derives from an evident fact: the characteristics of the system that make it vicious from a free-speech perspective — the vagueness and elasticity of the definitions of the crimes, the politically selective application of the laws, the tendency of the trials to become examinations of the defendants’ thoughts and beliefs rather than merely of their public statements — are virtues for a system of political repression, and in France there is a general consensus that the “extreme right” needs to be kept down and that expressions of “racism” and “antisemitism” deserve to be squelched. While there are pockets of dissidence — such as the websites Polémia and Boulevard Voltaire, the independent rightist station Radio Courtoisie and the Internet television channel TV Libertés — the assumption remains widespread that anyone arguing that freedom should extend to such speech must have evil motives.
The legal procedures through which speech is restricted do sometimes come under criticism. For instance, the ban on Dieudonné’s show “The Wall” was widely criticized because it imposed a prior restraint, seen as equivalent to censorship in a way that punishing the performer afterward would not be. Jack Lang, who was minister of culture in the Mitterrand administration, said that the Council of State had opened a Pandora’s box of potential abuses; he objected as well to basing the decision on a vague principle of “human dignity” and pointed out that the risk to public order was not credible. Michel Tubiana, a former president of the Human Rights League, which also objected to the ban, told me in an interview that Dieudonné should have been allowed to do his show and then he could have been prosecuted in the normal way. On the league’s website, one reads: “Clearly it is necessary to let nothing pass, to systematically bring prosecutions against the delinquent, to denounce systematically his crimes.”
For the future, there is pressure to increase the surveillance, particularly of the Internet. At its annual dinners, which are grand affairs similar to those of the American Israel Public Affairs Committee in the United States, the Representative Council of Jewish Institutions of France presses the attending government officials hard for ever more stringent restrictions, especially on Internet communications. In March 2016, for example, its president, Roger Cukierman, urged that the state of emergency “should also apply to the Internet,” and this year its new president, Francis Kalifat, called for “zero tolerance” for bloggers “of hateful content.”
In the meantime, France, like the other countries of the European Union, is a party to the Council Framework Decision “on combating certain forms and expressions of racism and xenophobia by means of criminal law,” adopted unanimously by the ministers in the Council of the European Union in November 2008. In a report in January 2014 on the implementation of this decision, the European Commission stated: “Member States must ensure that the following intentional conduct is punishable when directed against a group of persons or a member of such a group defined by reference to race, colour, religion, descent or national or ethnic origin:
- publicly inciting to violence or hatred, including by public dissemination or distribution of tracts, pictures or other material;
- publicly condoning, denying or grossly trivialising
- crimes of genocide, crimes against humanity and war crimes as defined in Articles 6, 7 and 8 of the Statute of the International Criminal Court; or
- the crimes defined in Article 6 of the Charter of the International Military Tribunal appended to the London Agreement of 8 August 1945, when the conduct is carried out in a manner likely to incite violence or hatred against such a group or one or more of its members.”
And France does its part, by continuing to reinforce its laws. On August 5 of this year it made illegal any “nonpublic” insult or defamation (as, for example, made during a meeting in a company’s offices) “made toward a person or group of persons because of their origin or belonging or not belonging, real or supposed, to an ethnic group, a nation, a putative race or a particular religion; … [or] because of their sex, their sexual orientation or gender identity, or their handicap.”
The law provides for fines of 1,500 euros initially and 3,000 euros for recidivists. It also gives a judge the option of augmenting the punishment with a compulsory course in citizenship.
Lawrence G. Proulx is a retired copy editor who worked for more than 30 years at the Washington Times, Washington Post, International Herald Tribune and International New York Times.
Catalonia: Rajoy Moves Towards Extreme Measures
By Craig Murray | October 4, 2017
Things have taken a much more sinister turn in Catalonia, without sufficient notice being paid internationally. The leader of the Catalan regional police force has been formally arraigned for sedition by the Spanish attorney general, for refusal to comply enthusiastically with the beating up of old women. That carries a minimum jail sentence of four years. It is the first step towards major imprisonment of Catalan leaders. It is also extremely significant that this first step is aimed at decapitating the only disciplined and armed force under some measure of Catalan government control. What does that tell you about Rajoy’s next move?
This extreme action against Major Trapero is precisely in line with last night’s ultra hardline address by a man with the comic opera name of Felipe Juan Pablo Alfonso de Todos los Santos de Borbón y Grecia. It is hard to take seriously anyone named after a whiskey, but we live in such a strange world that this unelected, far right and immensely corrupt, inbred buffoon could spout about democracy and accuse anyone who did not bow the knee to him of disloyalty and sedition. That precisely prefigures the legal action taken against Major Trapero. It can only be a precursor to a Spanish attempt to impose physical control on Catalonia and imprison its leaders. Having rejected both dialogue and mediation, I see no other direction Rajoy will take.
The Catalan government has said it will declare Independence within days. I am not, and have never been, a pacifist. A vital duty of any state is the defence of its citizens. Once Catalonia declares Independence it will be in a different position as a state than as a movement for Independence within Spain. The highly impressive and disciplined non-violence of the Independence movement will no longer be appropriate. But physically, I am not aware of any capacity to defend itself against the Spanish forces which there is every sign Rajoy will unleash immediately after any Declaration of Independence. Catalonia will also need to move instantly to dismantle any parts of the state fabric, and particularly the judiciary and prosecutorial service, which may remain loyal to Madrid,
The EU failed to draw a line in the sand when Rajoy’s Francoist paramilitary thugs beat up old ladies, en masse, before the eyes of the whole world. Rajoy will be certain to calculate that if he now invokes article 155, seizes Catalonia by force, and imprisons all the Catalan leadership for 30 years for rebellion, that the EU will continue to back him. Following the “royal” address yesterday and the extreme charges against Major Trapero today, the Francoist solution seems to me to be where we are heading, with nobody in any position of authority in Europe making the slightest effort to stop it.
Goods from Israel settlements granted preferential EU trade deals
MEMO | September 28, 2017
Goods from illegal Israeli settlements in the occupied West Bank have been bypassing European Union (EU) laws and profiting from the preferential trade tariffs with the EU, MEMO has learnt.
The EU has admitted that it has become “impossible” to monitor the source of goods imported to Europe from Israel despite a legal obligation to implement a policy of differentiating between Israel and settlement activities within its multibillion dollar bilateral trade relations.
Documents obtained under EU freedom of information rules seen by MEMO revealed that it has become “impossible” for the EU to differentiate between Israel and the Green Line following the introduction of a “new 7 digit zip code system”.
Notes from a meeting in June between Israeli Minister of Economy, Eli Cohen, and Lars Faaborg-Andersen, then the EU’s ambassador in Tel Aviv, state that the new zip code is “impossible for the delegation to follow” and the “EU requested Israel’s input to address the issue”.
The EU delegation confirmed that the European side suggested using a different method to ensure that settlement products are not granted the same preferential treatment Israel gets under existing trade rules, but the reply from the Israeli side was that “the current system is very effective and that the arrangement operates in a very satisfactory manner”.
It’s unclear if the new zip code system introduced four years ago was intended to circumvent tariff rules that differentiate between Israel and the occupied territories. However “despite having rather fewer people than China” said the Israel’s Haaretz newspaper, “Israel [is] switching to a rather more complicated 7-digit postal code system”.
The EU delegation repeated its stance on the differentiation rules but the admission by the EU Ambassador Faaborg-Andersen indicates that under his term, EU trade rules have been flouted for four years.
The influential European Council on Foreign Relations (ECFR) explained to MEMO details of the trade agreement between the EU and Israel. The EU and its member states, like the rest of the international community, do not recognise any legal or de facto Israeli sovereignty over the Occupied Palestinian Territories. This duty of non-recognition is based on international law, resulting in a legal obligation to clearly differentiate between Israel and its activities beyond the Green Line within their bilateral relations.
Asked how far the EU could go to uphold its own trade rules, ECFR representative said that the EU will not be able to completely terminate its trade agreement with Tel Aviv but if it really insisted on being faithful to its rules, then Brussels could cancel all its preferential trade deals with Israel until it clearly distinguishes between itself and the territory beyond the Green Line. In the meantime the EU and Israel could maintain a non-preferential trade agreement.
Read also: UN warns companies about doing business in Israeli settlements
Footfall in the attic of Europe’s geopolitics
By M K Bhadrakumar |Indian Punchline | September 27, 2017
The German Question has been at the very core of geopolitics in Europe at least since 1453, a poignant year in world history signifying the notional end of the Middle Ages. Ottoman Sultan Mehmed the Conqueror put an end to the Byzantine Empire by capturing Constantinople (present day Istanbul); France recaptured Bordeaux, marking the end of the Hundred Years’ War. For the next four centuries, the German Nation lurked as a fragmented space in the heart of the Holy Roman Empire, sucking instability from outside, until late 19th century when a re-united Germany began ‘exporting’ instability.
The European Union project aimed at containing German revanchism following World War II by diverting its energies and attention to the Cold War struggle. But with the end of the eighties, things began changing dramatically with the unexpected unification of Germany and the unforeseen disbandment of the Soviet Union. The EU has since proved incapable of managing the re-emergence of German power and itself increasingly resembles the old Holy Roman Empire. (“I speak Spanish to God, Italian to women, French to men, and German to my horse,” Emperor Charles V once said.)
Against the above backdrop, Sunday’s election to the German Bundestag assumes great significance. The importance of Germany in terms of its location, size, population, economy and military strength add up to immense potential. To what extent is Germany going to ‘pull its weight’; the likely elements of continuity and change in the German Question; how the emergent internal order of Germany is going to impact European (as well as Eurasian and Euro-Atlantic) balance of power – these are big questions.
The reactions of the US, Russia and France to the election victory of Chancellor Angela Merkel provide insight into the power dynamic. The US President Donald Trump phoned up Merkel on September 23 “to wish her country a successful election” on the next day “when Germans go to the polls” and to underscore “the steadfast bond between the United States and Germany.”
Trump hasn’t spoken to Merkel after she won the election on Sunday. When asked about it on Tuesday, the White House Press Secretary Sarah Sanders said that “they’re working on timing for a second call of congratulations. But I don’t believe that’s taken place yet today… No, I think they’re just working on the logistics piece of both leaders coordinating.”
The Russian President Vladimir Putin called up Merkel on Tuesday and congratulated her “on CDU/CSU’s success”. The crisply worded Kremlin readout said that they “reaffirmed their readiness to carry on with business-like, mutually beneficial cooperation” between the two countries.
The French President Emmanuel Macron, on the other hand, made a major speech on Tuesday at the Sorbonne, hot on the heels of Merkel’s victory, on the future of Europe. Macron reiterated his proposals for the eurozone having its own budget and finance minister to ensure the stability of the single currency union and “to weather economic shocks”.
Macron also proposed a shared European military intervention force and a shared defense budget and a European defense strategy to be defined by the early 2020s. He offered to open the French military to European soldiers and proposed other EU member states do the same on a voluntary basis. He suggested the creation of a European intelligence academy to better fight against terrorism, and a shared civil protection force. He said that a European asylum agency and standard EU identity documents could better handle migration flows and harmonize migration procedures.
It is no secret that Merkel has had difficult relationships with both Putin and Trump. Indeed, Merkel has little in common with their ‘world view’ and they are far from enamored of her being a flag carrier of western liberalism. Merkel’s foreign policy is very much centered on supporting global institutions and she has also remained at the forefront of defining a common European response to geopolitical challenges.
Merkel’s diplomatic relations with Trump have been reserved at best and their stances on trade, climate change and immigration are poles apart. Trump has been a trenchant critic of Merkel’s move to allow over one million refugees to enter Germany in 2015. When it comes to Putin, Merkel is unforgiving on Russia’s annexation of Crimea and its alleged intervention in Donbas. At the bottom of it all, the fact remains that the ‘regime change’ in Ukraine has been Merkel’s botched up project, thanks to Russia’s counter-offensive. The bitterness and mutual suspicions cannot easily dissipate.
What salvages the German-American relationship is that ultimately it is also a close institutional relationship (which is not the case with Russia.) In the final analysis, Germany remains dependent on the US military and economic leadership.
The Russian commentaries have caricatured that Merkel won a hollow victory. An acerbic commentary carried by RT is titled Merkel’s days as German Chancellor are probably now numbered. Disarray in German politics suits Russia, since Merkel has been the main exponent of the EU sanctions against Russia. And disunity within the EU in turn shifts the balance in favor of Moscow, which will be far more comfortable dealing with European countries at the bilateral level, none of them individually being a match for Russia.
The alacrity with which Macron has spoken goes to show France’s keenness to preserve its axis with Germany. Merkel is Macron’s best bet in Berlin. Despite her election losses, she intends to remain at the helm of European affairs. The EU is at a historic crossroads, with Brexit and Trump’s ‘America First’ changing the alchemy of European integration. Macron’s speech aims at strengthening Merkel’s hands as she begins the painful process of cobbling together a new coalition government in Berlin with partners who have divergent views on European integration.
Macron is due to meet Merkel on Thursday at the EU summit in Tallinn, Estonia. Read an analysis by Spiegel entitled Uncertainty Dogs Europe After German Election.
