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International court judge resigns, citing ‘shocking’ interference from ‘above the law’ US

RT | January 30, 2019

A senior judge has resigned from the UN International Criminal Court (ICC) in The Hague, after the United States threatened judges investigating alleged US war crimes in Afghanistan.

The judge, Christoph Flügge, has worked with the International Criminal Court (ICC) and the International Criminal Tribunal for the Former Yugoslavia (ICTY) since 2008. More recently, he got involved with preliminary investigations into claims that US military service members and CIA operatives tortured prisoners in Afghanistan.

Flügge told German newspaper Zeit that he handed in his resignation after open threats from US officials, including a speech by hawkish national security adviser John Bolton last September, where Bolton “wished death” on the Court.

“If these judges ever interfere in the domestic concerns of the US or investigate an American citizen, he said the American government would do all it could to ensure that these judges would no longer be allowed to travel to the United States – and that they would perhaps even be criminally prosecuted,” Flügge told Zeit, in an interview translated by The Guardian.

“The American security adviser held his speech at a time when The Hague was planning preliminary investigations into American soldiers who had been accused of torturing people in Afghanistan,” Flügge explained. “The American threats against international judges clearly show the new political climate. It is shocking. I had never heard such a threat.”

Bolton’s speech was delivered in September to the conservative Federalist Society in Washington, DC. It came a year after the ICC began investigating claims that at least 61 detained persons in Afghanistan had been tortured by American troops and another 27 by the CIA at secret prisons in Afghanistan and abroad, according to prosecutor Fatou Bensouda.

Bolton called the investigation “utterly unfounded” and “unjustifiable,” and promised to “protect our citizens and those of our allies from unjust prosecution by this illegitimate court.”

The senior US official also vowed to defend Israeli citizens from the court. US “friend and ally” Israel was at the time accused of perpetrating war crimes against Palestinian civilians. He warned that the US would disregard arrest warrants, ban judges and prosecutors from entering the country, and even try them in American courts.

Flügge said his colleagues were “stunned” that “the US would roll out such heavy artillery,” but added “it is consistent with the new American line: ‘We are No 1 and we stand above the law’.”

American disregard for the ICC is not a new phenomenon. After much debate, President Bill Clinton signed the Rome Treaty that established the International Criminal Court, but the Congress never ratified it. Clinton’s successor George W. Bush symbolically ‘un-signed’ the treaty in 2002, when the war in Afghanistan was in full swing.

Later that year, the Congress passed the American Service Members’ Protection Act, which obliged the president to prevent any ICC prosecution of US armed forces “to the maximum extent possible,” and even authorized military force to free any US service members from ICC custody. Bolton, incidentally, was Bush’s under-secretary of state at the time.

The court has come under fire from more countries than just the US. Russia withdrew its signature from the Rome Treaty in 2016, after the court criticized the reunification of Crimea. China, India, Saudi Arabia, and Turkey are among the other nations that never signed the treaty.

January 30, 2019 Posted by | War Crimes | , , , , , , | Leave a comment

DPRK Is Still Being Persecuted For “Violating Human Rights”

By Konstantin Asmolov – New Eastern Outlook – 20.12.2018

The ties between South and North Koreas are becoming closer and there are fewer tensions in the relationship between DPRK and the USA. That often makes us forget that, though it was rather the Democrats’ strategy to pick on North Korea for violating human rights, the pressure on Pyongyang for this reason has merely become less blatant.

For example, on 23 October 2018, the UN Special Rapporteur on the situation of human rights in DPRK, Tomás Ojea Quintana, announced that over the past year many changes had taken place on the Korean Peninsula, but the situation with human rights in DPRK remained the same. He referred to testimonies, made by defectors from North Korea, when he said that ordinary North Korean inhabitants were starving and had no access to medical services due to lack of money. During his speech he even showed a padlock, which had been given to him as a gift by a teenage defector from North Korea, and said that specifically the United Nations had the key to improving the human rights situation in DPRK.

On 15 November, the UN General Assembly Third Committee on human rights, humanitarian affairs and social matters unanimously (without a vote) approved yet another resolution, put forward by Japan and the European Union, condemning DPRK for violating human rights. The UN has been adopting such resolutions since 2005, and the latest resolution happens to be the 14th one. And just as the resolutions approved earlier, it condemns DPRK for constant, systematic, widespread and grave violations of human rights in the north of the Korean Peninsula. It demands, among other things, that all labor camps be immediately closed, all prisoners freed, and all parties, responsible for violating human rights, be held responsible. The authors of the document urge for the situation in DPRK to be resolved in the International Criminal Court; for the North Korean leader Kim Jong-un to be brought to justice, and for concrete measures to be taken on this issue, with due consideration to be given to the conclusions reached by the UN Commission of Inquiry (COI) to investigate violations of human rights in DPRK (as it turns out the notorious 2014 report was, for the most part, based on false testimonies).

In reality, no serious changes were made to the document, which, according to South Korean media sources, lends evidence to the idea that no progress has been made to resolve human rights issues in North Korea, and does not illustrate the fact that such resolutions are produced regardless of the reality on the ground in North Korea. Still, the UN Committee on humanitarian affairs “has welcomed” Pyongyang’s attempts to normalize diplomatic relations with the international community and to abide by the inter-Korean agreements on families split up by the conflict.

In response, North Korea’s Ambassador to the United Nations, Kim Song, stated that discussions about human rights violations in DPRK were out of the question, and that the international community was meddling in internal affairs of a sovereign nation. China, Russia, Syria, Myanmar and other countries also did not support the resolution, but they did not demand for its approval to be put to a vote. They did not do so because the international community cannot demand that Pyongyang abide by its conditions, and the pressure applied by the resolution on North Korea is not great enough to start a confrontation over it. DPRK media outlets also called the resolution a thinly veiled campaign to tarnish North Korea’s reputation, and stated that the step taken by the UN was aimed at halting the current trend towards better dialogue and peace.

In November 2018, Moon Jong In, a special advisor to the South Korean President on issues connected with diplomacy and unification, advised the DPRK leader to start focusing on human rights issues, and to better still close labor camps. In his opinion, any rhetoric voiced by Kim Jong-un on human rights issues can substantially help Pyongyang gain more trust from the international community. Quoting the statement made by Moon Jong In, Amnesty International estimated (it would be interesting to know how) that there are more than 130,000 political prisoners in North Korea. And on 31 October 2018, experts from the international organization Human Rights Watch published an 86-page report, entitled “You Cry at Night but Don’t Know Why: Sexual Violence against Women in North Korea”, which stated that North Korean officials used the lawless rape of women as a mechanism of repression. We will dedicate a separate article to the analysis of this report, as it is a good example of how broad interpretations of the meaning of the word “rape”, and inaccurate information selection help transform DPRK into an analogue of those African nations where mass rape is actually part of repression means, used by authorities.

On 26 November, the main DPRK newspaper commented on the Human Rights Watch report and the repeated allusions to this issue, by noting that the USA had been using these mind games in order to gain concessions from DPRK in negotiations and to destabilize the North Korean regime. The paper also reported that, currently in the US, it is being asserted that the stumbling block in the relationship between the USA and DPRK is the nuclear issue. But once this issue is resolved to the benefit of Washington, the US will use the human rights violation issue or another reason to apply pressure on DPRK to change its regime.

On 27 November, the international news agency France-Presse announced that Washington approached the UN Security Council with a request to hold a meeting on the human rights issues in North Korea on 10 December. Such meetings have taken place since 2014, and despite objections from Beijing, the request has already received support from 9 nation-participants, which is essential for its approval.

DPRK’s Ambassador to the United Nations once again expressed regret at the fact that the UN Security Council followed orders from Washington blindly, and highlighted that the decision would not have a favorable effect on the outcomes of diplomatic negotiations between the international community and Pyongyang.

Along with international sanctions, imposed in response to the violations, unilateral ones are also being used. Hence, on 29 November, in order to reinforce the fight against human trafficking, Donald Trump signed an executive order to ban provision of non-humanitarian and non-trade financial assistance to a number of countries in year 2019. Eighteen countries were placed in this banned list, which includes DPRK, China, Iran, South Sudan, Eritrea, Venezuela and even the Russian Federation. They were included, because their local authorities failed to make enough effort to combat human trafficking, and these restrictions will remain in place until the nations take decisive action. Trump appealed to the International Monetary Fund and development banks to not offer credit lines to the previously mentioned nations.

Every year, the USA publishes a report on human trafficking, and every time DPRK, for 16 years in a row now, is listed as a nation which actively engages in human trafficking. Since 2003, the country has received the lowest rating, which means that it is actively involved in human trafficking within its borders, and that local authorities take no measures to resolve this issue. In the case of DPRK, “slave trade” usually refers to the fate of North Korean defectors to China, who end up in inhumane conditions on account of the efforts made by the so-called “brokers” that are often protected by South Korean NGOs.

As the UN Special Rapporteur on the situation of human rights in DPRK, Tomás Ojea Quintana, stated, the United Nations would embrace closer ties between the two Koreas, but human rights violations were impossible to ignore. The author urges the readers to remember this statement and also recall it when answering the question “Will DPRK be left alone after it (let us say this is possible) fulfills the denuclearization requirements?” After all, in one possible scenario any mistake on North Korea’s part is presented as deplorable, but in another, as an unfortunate incident, which is easily forgotten. It is probably not worth explaining what the reaction of the international community would have been if the diplomatic mission where a dissident was dismembered had been a North Korean and not a Saudi one.

Konstantin Asmolov, PhD in History, Leading Research Fellow at the Center for Korean Studies of the Institute of Far Eastern Studies of the Russian Academy of Sciences.

December 20, 2018 Posted by | Mainstream Media, Warmongering | , , , , , , | Leave a comment

Israel Attorney General: ‘No Palestinian state’ so ICJ illegitimate

MEMO | November 27, 2018

Israel’s Attorney General is drafting a legal opinion which will declare the International Court of Justice (ICJ) illegitimate on the grounds that there is “no Palestinian state”.

Avichai Mandelblit said yesterday that he was drafting the judgment to refute the ICJ’s legitimacy to rule on the Israel-Palestine conflict, claiming that there is no Palestinian state and citing the fact that Israel is not a member of the court.

Speaking to students at Israel’s Bar-Ilan University, Mandelblit explained: “I intend to issue an opinion soon, according to which the International Court of Justice in The Hague has no authority to discuss the Israeli-Palestinian conflict because there is no Palestinian state,” Arutz Sheva reported.

Israel has consistently rejected efforts by the ICJ and its counterpart, the International Criminal Court (ICC), to investigate its human rights record. In this, Israel has received the support of its main ally – the USA – with National Security Adviser John Bolton saying in September that the institution is “dead to [us]”. Bolton continued: “The United States will use any means necessary to protect our citizens and those of our allies from unjust prosecution by this illegitimate court.”

The ICC was quick to respond to the US’ threats, saying: “As a court of law, [the ICC] will continue to do its work undeterred, in accordance with those principles and the overarching idea of the rule of law.” The ICC added that it is an independent and impartial institution with the backing of 123 countries.

Israel’s opposition to the ICJ and ICC has become more vehement in the wake of Palestine’s appeals to the court. In January 2015 the Palestinian Authority (PA) signed the Rome Statute of the ICC, officially accepting the court’s jurisdiction over its territories and allowing a preliminary investigation into the situation in Palestine to be opened.

In May 2018, the PA specifically requested that the ICC investigate crimes committed within its territories, with Palestinian Foreign Minister Riyad Al-Maliki meeting ICC prosecutor Fatou Bensouda to discuss the issue. The request called on The Hague to investigate the forcible transfer of Palestinians, unlawful killings, illegal appropriation of land and property, demolition of Palestinian properties, repression of dissent through the unlawful killing of peaceful protesters and the policy of mass arbitrary detention and torture.

Since then the PA has called on the ICC to investigate a number of incidents. In June, the PA asked the court to prosecute Israeli Internal Security Minister Gilad Erdan for incitement after he called for Palestinians allegedly flying incendiary kites to be assassinated. In September, the PA called for an investigation into Israel’s planned demolition of the Palestinian village of Khan Al-Ahmar, which the ICC said could constitute a war crime. In October, the PA asked the ICC to investigate Israel’s escalation of illegal settlement in the West Bank city of Hebron.

Thus far neither the ICJ nor the ICC have prosecuted Israel for its actions.

November 27, 2018 Posted by | Ethnic Cleansing, Racism, Zionism, War Crimes | , , , , , , | Leave a comment

John Bolton versus the International Criminal Court: A Simple Solution

By Thomas L. Knapp | William Lloyd Garrison Center | September 11, 2018

In a September 10 speech to the Federalist Society, National Security Advisor John Bolton offered “a major announcement on US policy toward the International Criminal Court.” The US government, per Bolton, considers the court “fundamentally illegitimate. … We will not cooperate with the ICC. We will provide no assistance to the ICC. We will not join the ICC.”

Bolton threatened sanctions against the court and those who resort to it or cooperate with it in investigations of war crimes involving the United States or Israel. He also announced the first such sanction, closure of a Palestine Liberation Organization office in Washington in retaliation for the state of Palestine’s referral of charges against Israel for actions in the West Bank and Gaza.

What’s with this sudden interest in the court and its jurisdiction?

Why is Bolton suddenly so concerned with protecting notions of “sovereignty” (he uses the word nine times) that the US government itself routinely ignores at its convenience, claiming global jurisdiction over individuals and organizations outside its own borders in matters ranging from the 17-year “war on terror” to its financial regulation and sanctions schemes?

The answer, in a word: Afghanistan. The regime installed by the US after its 2001 invasion of that country, and maintained in power by the US since then, ratified the Rome Statute in 2003. Crimes committed in Afghanistan since then, regardless of the perpetrators’ nationalities, therefore fall under the ICC’s jurisdiction.

Bolton finds it unconscionable that an American — in particular an American soldier, sailor, airman, Marine, or politician — accused of crimes committed in Afghanistan might be tried in a court Afghanistan’s government has duly accepted the authority of. So much for “sovereignty.”

Bolton wants it both ways. On one hand, the long arm of US law must reach everywhere, be it to a bank in Switzerland, to a hacker’s keyboard in the United Kingdom, or to a battlefield in the Middle East. On the other hand, no foreign arm of law must ever reach a US citizen, regardless of the alleged crime or where it was committed.

Pretty messed up, but there’s a simple solution. All the US government has to do is close its embassies and consulates in, withdraw its troops from, and advise its citizens not to travel to, any of the 120-odd countries which recognize the International Criminal Court as their judicial authority for war crimes, genocide, and crimes against humanity.

Starting with Afghanistan.

Problem solved.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org).

September 12, 2018 Posted by | Ethnic Cleansing, Racism, Zionism, Timeless or most popular, War Crimes | , , , | Leave a comment

International Criminal Court unfazed by US threats of sanctions over Afghan war crimes probe

RT | September 11, 2018

The International Criminal Court (ICC) has said it will “continue to do its work undeterred,” after US National Security Advisor John Bolton threatened sanctions if the tribunal investigates alleged US war crimes in Afghanistan.

The Hague-based court investigates genocide, crimes against humanity, and war crimes and is backed by 123 countries – but not by China and the US.

“The ICC, as a court of law, will continue to do its work undeterred, in accordance with those principles and the overarching idea of the rule of law,” it said in a statement on Tuesday.

The tribunal’s remarks came in response to a scathing verbal attack launched by Bolton in Washington DC on Monday during a speech to the conservative Federalist Society.

“Today, on the eve of September 11th, I want to deliver a clear and unambiguous message on behalf of the president,” Bolton began, before launching into the blistering offensive against the ICC.

“The United States will use any means necessary to protect our citizens and those of our allies from unjust prosecution by this illegitimate court. We will not cooperate with the ICC. We will provide no assistance to the ICC… We will let the ICC die on its own. After all, for all intents and purposes, the ICC is already dead to us.”

Bolton then issued a very clear threat: If the international court continues to pursue the probe, Washington will ban ICC judges from entering the country, prosecute them and sanction their funding. His main objection is the notion that the ICC could have higher authority than the US constitution and US sovereignty.

“In secular terms we don’t recognize any higher authority than the US constitution,” he said, adding that Trump “will not allow American citizens to be prosecuted by foreign bureaucrats, and he will not allow other nations to dictate our means of self defence.”

In November 2017, an ICC prosecutor requested approval to launch a probe into potential war crimes by the US armed forces and the CIA through the torture of detainees in Afghanistan.

However, Bolton didn’t come out swinging solely on the behalf of the US – he also attacked the ICC’s threat to Washington’s “friend and ally” Israel, as the Middle Eastern country faces an investigation into alleged war crimes against Palestinians.

Bolton said the probe into the actions of Israel, which he described as a “liberal, democratic nation,” was unacceptable, and added that any countries supporting the investigation and cooperating with the ICC would be subject to secondary sanctions.

September 11, 2018 Posted by | War Crimes | , , , | Leave a comment

US announces closure of Palestinian mission in Washington

Press TV – Sep 10, 2018

The US State Department has announced it is ordering the closure of the Washington mission of the Palestine Liberation Organization (PLO), a move that has drawn strong reaction from Palestinians.

“We have permitted the PLO office to conduct operations that support the objective of achieving a lasting, comprehensive peace between Israelis and the Palestinians since the expiration of a previous waiver in November 2017,” State Department spokeswoman Heather Nauert said on Monday.

“However, the PLO has not taken steps to advance the start of direct and meaningful negotiations with Israel,” she stated.

The statement accused PLO leaders of failing to engage with American efforts to establish peace between Palestinians and Israelis and attempting to prompt an investigation of Israel by the International Criminal Court (ICC).

Meanwhile in a speech on Monday, White House National Security Adviser John Bolton announced punitive measures against any anti-Israeli action by the ICC.

Bolton threatened imposing harsh sanctions against the ICC in case it decides to move ahead with requests to investigate the US and Israel.

“The United States will always stand with our friend and ally, Israel,” Bolton told members of the conservative Federalist Society gathered at a hotel in Washington, DC. “We will not allow the ICC, or any other organization, to constrain Israel’s right to self-defense.”

‘Palestinians won’t succumb to US bullying’

A senior Palestinian official called the decision a “dangerous escalation.”

“We reiterate that the rights of the Palestinian people are not for sale, that we will not succumb to US threats and bullying,” Palestinian diplomat Saeb Erekat said in a statement to news organizations in advance of Bolton’s speech.

“Accordingly, we continue to call upon the International Criminal Court to open its immediate investigation into Israeli crimes,” he stated.

The PLO office in Washington has long been a source of tension.

In November last year, the Trump administration warned that it might close the office in reaction to a call by Palestinian Authority President Mahmoud Abbas for probing and prosecuting Israeli officials at the ICC and other international organizations.

Erekat responded back then that such a move would undermine prospects of resolving the Israeli-Palestinian conflict.

The PLO warned to cut all ties with the US in case its mission was shuttered. The organization opened the office in 1994 and went on to join the ICC after receiving observer state status at the UN in 2012.

Earlier this year, Palestine asked the ICC to probe human rights violations linked to the Israeli regime’s illegal settlement activities on occupied Palestinian territories.

September 10, 2018 Posted by | Ethnic Cleansing, Racism, Zionism, Illegal Occupation, Timeless or most popular, War Crimes | , , , , | Leave a comment

Bolton wants to sanction ICC judges who probe US war crimes

Press TV – September 10, 2018

White House National Security Adviser John Bolton wants to sanction International Criminal Court (ICC) judges who probe alleged war crimes committed by Americans in Afghanistan, according to reports.

Bolton on Monday will declare the ICC in The Hague “illegitimate” in an attempt to pressure the court which is planning to investigate the alleged US war crimes, according to a draft of his speech obtained by Reuters.

“The United States will use any means necessary to protect our citizens and those of our allies from unjust prosecution by this illegitimate court,” Bolton will say.

Bolton will threaten to punish ICC judges if they proceed with the proposal, the news agency said.

“We will not cooperate with the ICC,” he will say. “We will provide no assistance to the ICC. We will not join the ICC. We will let the ICC die on its own. After all, for all intents and purposes, the ICC is already dead to us.”

The chief prosecutor of the ICC has called for a formal investigation into war crimes in Afghanistan following the US-led invasion of the country in 2001.

“Following a meticulous preliminary examination of the situation, I have come to the conclusion that all legal criteria required to commence an investigation have been met”, said Fatou Bensouda in a statement last year.

“There is a reasonable basis to believe that war crimes and crimes against humanity have been committed,” Bensouda added.

She said US forces and CIA agents might have committed war crimes by torturing detainees in Afghanistan under a system of approved torture techniques, which included simulated drowning.

Human Rights Watch has welcomed the possibility of holding perpetrators to account for what it called horrendous human rights abuses against Afghans.

The United States — under Republican George W. Bush’s presidency — and its allies invaded Afghanistan on October 7, 2001 as part of Washington’s so-called war on terror. The offensive removed the Taliban regime from power, but after more than one and a half decades, the foreign troops are still deployed to the country.

After becoming president in January 2009, President Barack Obama, a Democrat, vowed to end the Afghan war — one of the longest conflicts in US history – but he failed to keep his promise.

Trump, who has spoken against the Afghan war, has dubbed the 2001 invasion and following occupation of Afghanistan as “Obama’s war.”

But Trump has also announced to deploy thousands of more troops to the war-torn country. Trump has said that his views have changed since entering the White House and that he would continue the military intervention “as long as we see determination and progress” in Afghanistan.

September 10, 2018 Posted by | Aletho News | , , , | Leave a comment

Afghanistan war crimes probe a sham and cover-up for US

© Ruptly

By Finian Cunningham | RT | November 14, 2017

When The Hague-based International Criminal Court (ICC) announced it was planning to investigate alleged war crimes in Afghanistan, the timing seemed appropriate.

The announcement by the ICC on November 3 came within days of a deadly airstrike by US forces in northern Afghanistan, which UN officials say killed ten civilians.

But the history of the intergovernmental court since it was set up some 15 years ago gives pause to hope that it might deliver justice in Afghanistan. For many critics, the ICC is a byword for self-serving Western political control, either whitewashing crimes or smearing designated opponents. A pertinent question is: why has it taken the ICC so long to investigate alleged crimes in Afghanistan’s war?

The Pentagon claimed the air raid near the city of Kunduz on November 4 killed only Taliban militants. However, last week the United Nations Assistance Mission in Afghanistan (UNAMA) provided a very different version of events. UNAMA said extensive interviews with local residents and medics show that at least ten civilians died in the airstrike.

The incident would, therefore, be a prime case to investigate. ICC chief prosecutor Fatou Bensouda has promised an investigation into any alleged war crimes in Afghanistan would be “independent, impartial and objective.”

As a Reuters report stated, the ICC “could examine the role of US forces” in Afghanistan, which have been occupying the country for the past 16 years since October 2001, following the 9/11 terror attacks in Washington DC and New York City.

US torture practices conducted during CIA interrogations and renditions could also be probed, according to reports. An earlier announcement by the ICC said it would be looking into alleged violations committed by three parties: US military, Afghan security forces, and Taliban militants.

If the ICC did carry out an earnest probe into alleged war crimes in Afghanistan, it would have its work cut out – even if it just restricted itself to incidents involving US forces and the CIA.

Two years ago, in October 2015, the northern city of Kunduz was the location of another apparent atrocity committed by the US air force. A hospital run by the French-based Medecins Sans Frontieres (MSF) was bombed and machine-gunned by US aircraft, killing 42 medical staff and patients. MSF condemned the attack as a violation of the Geneva Convention – a war crime. Though, the Pentagon maintained that its forces made a mistake while targeting militants.

There is very little clarity on the number of Afghan civilians who have been killed by US forces over the past 16 years, from gun battles, house raids, drone strikes, and airstrikes. One estimate puts the total number of civilian deaths in the war at over 31,000. Many of them are victims of Taliban shootings, and bombings or operations carried out by the US-backed Afghan security forces.

Nevertheless, there are abundant incidents involving civilians being killed by US operations in what could merit war crimes prosecutions. This is especially so given the renewal of American military operations in the country ordered by President Trump in August this year – three years after the US forces were officially supposed to wind down.

Trump’s defense secretary James Mattis, on a trip to the Afghan capital Kabul in September, warned that US airstrikes would be ramped up in the coming months. Already this year, the UN reports that there was a surge in civilian casualties from American-backed air raids. The situation has an ominous resonance with how civilian casualties have escalated from increased US airstrikes in Iraq and Syria under the Trump administration’s wider authorization to the Pentagon to mount operations.

So, it seems clear that if the ICC were to open prosecution cases in Afghanistan it would, to say the least, be kept busy. However, critics of the ICC say that its intentions are not motivated by seeking justice.

It’s a political move, says international criminal lawyer Christopher Black.

Since its establishment in 2002, the international court has come in for much criticism that it is a “political tool” of the United States and European allies. Virtually all of the court’s prosecutions and indictments have been against African leaders. For example, Omar Bashir (Sudan), Uhuru Kenyatta (Kenya), Muammar Gaddafi (Libya), and Laurent Gbagbo (Ivory Coast) are among those indicted by the ICC.

The US is not a member of the 123-nation ICC. Neither are Russia, China, and India. However, the US exerts a controlling influence over the court’s prosecution office via European governments and the European Union, which are dominant in the administration of the ICC.

“The United States and its European allies use the ICC as a means of political control, not for justice,” says Christopher Black who is registered on the defense counsel for the court, but who has vociferously criticized its political subservience.

Black says the ICC has a similar function to several other ad hoc international tribunals, such as those which purportedly investigated war crimes in Rwanda and former Yugoslavia.

“These courts serve to cover-up actual crimes committed by Western powers while criminalizing political enemies of the West,” says Black.

In the case of former Yugoslavia, he points out, the Hague-based court did not examine the putative crimes of NATO bombing Belgrade in 1999. It only went after former Yugoslav President Slobodan Milosevic whom Washington and the European governments wanted to criminalize to justify NATO’s illegal intervention in the Balkans.

With regard to Afghanistan, the declared intention of the ICC to divide its investigations between US and Afghan parties raises the suspicion the court will seek to mitigate violations carried out by American forces by embroiling other criminal actors.

Even if the ICC were to find US forces guilty of war crimes, it is doubtful that Washington would take any notice of such rulings.

As Christopher Black points out too, the focus of any forthcoming investigation is misplaced in its entire framework. “The focus of a war crimes investigation should be looking at the way the US launched this military occupation back in 2001. A case can be made that the US is guilty of the supreme crime of war of aggression. All other violations stem from Washington committing the ultimate crime of going to war in Afghanistan.”

He says the ICC planned investigation is a piecemeal approach which will serve to conceal the primary responsibility of the US in Afghanistan.

So why then would the ICC bother to set up such a probe into Afghanistan?

The answer is simply to salvage much-needed credibility for the court. Because of its lop-sided focus in prosecuting African leaders, the ICC has come under fire from African members for “double standards” and serving as a neocolonial instrument for Western powers.

Beginning last year, several African nations threatened to walk away from the ICC, including Kenya, Namibia, South Africa, Gambia, and Uganda. Last month, Burundi formally completed its withdrawal from the ICC.

In other words, the court is in danger of imploding from lack of credibility. Hence, the announcement to go into Afghanistan is an attempt to salvage authority and public image by appearing to, at last, investigate alleged American war crimes.

“This is all about giving the ICC some badly needed credibility as it unravels in the face of a mass African walk-out,” says lawyer Christopher Black.

As such US and NATO states have nothing to fear from this proposed war crimes investigation in Afghanistan. It’s a cover-up and a sham driven by political interests, not by justice.

Finian Cunningham (born 1963) has written extensively on international affairs, with articles published in several languages. Originally from Belfast, Ireland, he is a Master’s graduate in Agricultural Chemistry and worked as a scientific editor for the Royal Society of Chemistry, Cambridge, England, before pursuing a career in newspaper journalism. For over 20 years he worked as an editor and writer in major news media organizations, including The Mirror, Irish Times and Independent. Now a freelance journalist based in East Africa, his columns appear on RT, Sputnik, Strategic Culture Foundation and Press TV.

Read more:

US airstrike kills at least 10 civilians in Kunduz – UN

‘Cold day in hell before ICC goes after US for committing Afghanistan war crimes’

‘The more US engages in war on terror, the more terrorists it produces’

November 15, 2017 Posted by | Timeless or most popular, War Crimes | , , , , | Leave a comment

‘Cold day in hell before ICC goes after US for committing Afghanistan war crimes’

RT | November 9, 2017

The ICC prosecutor’s decision to pursue a probe into alleged war crimes in Afghanistan is “completely political” and won’t amount to anything, law professor Francis Boyle believes. He said it will be a “cold day in hell” before any Americans are prosecuted.

The International Criminal Court’s chief prosecutor, Fatou Bensouda, announced last week that her request to launch an investigation had been handed over to a pre-trial court. She said that if her request is granted, the probe will focus “upon those most responsible for the most serious crimes committed in connection with the situation in Afghanistan.”

However, Francis Boyle, an international law professor at the University of Illinois, told RT that while Bensouda is likely to get approval for the investigation, the move is simply a “propaganda stunt.” He added that Bensouda has no desire to go after any Americans who committed war crimes.

“You have to understand, this is all political,” said Boyle. He noted that the African country of Burundi has already pulled out of the ICC, and South Africa has voiced the same intention.

“So she’s in a position and the court is in a position that almost all of Africa is going to pull out of the ICC because the only people in the dock over there are black, tin-pot dictators from Africa,” Boyle said. He called the court a “Western, racist, imperial tool” which is being used against Africa.

Because of this, the so-called “white man’s court” will not be going after Americans, Boyle said. “It will be a cold day in hell” before we see Bensouda doing so, he added. Boyle noted that the ICC has “never gone after the Americans, the NATO states, Britain, Israel, despite clear-cut jurisdiction to do so.”

Boyle went on to accuse the US government of committing a Nuremberg crime against peace by “invading Afghanistan and attacking it and blowing them back to the Stone Age and killing a million Afghans.” He added that “I doubt very seriously Bensouda is going to deal with any of that.”

“The United States illegally and criminally invaded Afghanistan and attacked and destroyed them… and then they set up all these torture campus over there, they’ve been torturing these poor people forever. And at a minimum, the United States has probably killed a million Afghanis [sic] since October 2001,” he said.

“The Americans should have been investigated a decade ago at least,” said Boyle, who filed an ICC complaint against former US President George W. Bush, Vice President Dick Cheney, and Secretary of State Condoleezza Rice, among others, in 2010, over their policy of “extraordinary rendition perpetrated upon about 100 human beings.” He added that “the American government knows full well they’ll be able to sabotage her [Bensouda], stop her. Nothing’s going to come of it.”

However, Boyle predicted that Bensouda would likely come back with a verdict that it was actually the Taliban who was responsible for crimes. “Or she might apportion blame, but that’s ridiculous too…if you read all the United Nations reports of human rights violations coming out of Afghanistan, they all blame the Taliban. And it’s a joke.”

Although the ICC statement doesn’t name specific parties that would be subject to the investigation, a report released by the prosecutor’s office last year said there is “reasonable basis” to believe crimes were committed by US military forces deployed to Afghanistan, and in secret detention facilities operated by the CIA. It also points the finger at the Taliban and Afghan government forces.

Boyle noted that although the US can technically be prosecuted by the court – despite not being a member – the ICC “pretty much do what they’re told to do,” citing money received from Europe, Japan, and South Korea, as well as the influence of America.

Meanwhile, the United Nations mission in Afghanistan said earlier on Thursday that at least 10 civilians may have been killed in an airstrike in the north city of Kunduz last week, despite a US military investigation stating that no evidence of civilian deaths had been found.

Boyle previously served on the board of Amnesty International USA and drafted legislation for the Biological Weapons Convention, known as the Biological Weapons Anti-Terrorism Act of 1989, which was signed into law after being unanimously approved by both chambers of the US Congress.

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November 9, 2017 Posted by | Deception, Fake News, Mainstream Media, Warmongering, Timeless or most popular, War Crimes | , , , , , | Leave a comment

UNHRC Yemen Inquiry is Doomed to Fail Magnanimously

By Salman Rafi Sheikh | New Eastern Outlook | 09.10.2017 

The United Nations Human Rights Council (UNHRC) seems to have finally awakened up to the brazen human rights violations that the Saudia led Arab coalition forces have been blamed to have committed in the conflict in Yemen that has been going on for more than two years now, and has consumed thousands of lives, and destroyed the country, its polity and economy alike. While UNHRC has resolved to find out the atrocities that have been committed, the question that remains unanswered is if this ‘fact-finding’ mission would lead to an end of the war, let alone punish the antagonists?A compromise has been achieved from the very beginning, which will allow the House of Saud to not only to manipulate or dispute the results, but also escape any consequences whatsoever. As a matter of fact, Saudi Arabia was able to steer things to a course of its own advantage by simply altering the original resolution adopted by the Council, making the UNHRC look like a meaningless and worthless house of cards.

Let’s consider what the original resolution had called for and what is actually going to happen now. The original resolution had called for the establishment of an independent inquiry commission. However, thanks to Saudi Arabia’s intense lobbying and coercive diplomacy, the amended version is now restricted only to sending some “eminent experts”. According to reports, Riyadh had threatened to restrict and even cut trade and diplomatic ties with the council members which had backed the much more robust version. The House of Saud also publicly appreciated the UK, US and France for their cooperation in securing a compromise on resolution. The three countries also support Saudi Arabia’s deadly military aggression against the impoverished Yemen. The UK and the US had no reason to criminalize Saudi Arabia not only because they are allies but also because the US is itself a party to destroying Yemen.

This is evident from the way the US president Donald Trump has almost doubled the number of covert US airstrikes in Yemen. According to the data compiled by The Bureau of Investigative Journalism, the US has carried out about 100 strikes in Yemen in 2017. While the official narrative is that these strikes target Al-Qaeda in the Arabian Peninsula (AQAP), there are evidences that suggest that the US has been equally targeting the Houthis as well. Nothing perhaps could illustrate this ‘US vs Houthis’ phenomenon more than the fact that a US drone was attacked and shot down by the Houthis in western Yemen as recently as October 2, 2017. While the US officials said that the matter was under investigation, the Houthi-controled Defense Ministry announced that it had downed an American drone in the outskirts of Yemen’s capital Sanaa, thus rejecting the US claim that it was mainly involved in non-combatant missions in the aid of the Arab coalition.

On the other hand, what really explains the reason for the Trump administration’s decision to increase drone attacks is the policy of isolating and defeating Iran that the US and Saudi Arabia are following. Interestingly enough, perusal of this policy has caused political tension in the UK as well, where the parliament’s joint committee on human rights has raised strong concerns about the UK’s involvement in the US targeted killing programme, noting that the UK’s intelligence agencies work “hand in glove” with the US.

Given the extent of co-operation between the West and its key ally in the Middle East, an independent inquiry into war atrocities committed by the self-declared regional hegemon is unlikely to take place ever, let alone punish the wrongdoers. Besides the current UNHRC debacle, this is also evident from the way the House of Saud was able, back in July 2016, to turn upside down a UN report that had blacklisted the country after it found out that the Kingdom was responsible for 60 percent of the 785 deaths of children in Yemen in 2015. A few days later, however, the world body announced that the Riyadh regime would be scratched off the list, pending a joint review with the Arab kingdom. Sounds like really independent and impartial!

Once again Riyadh has been able to manipulate inquiry into atrocities by radically altering the resolution that had called for an independent inquiry. Could there be a greater irony than the fact that the new resolution that decided to set up a committee of experts had been set up by Riyadh itself? How can an accused set up, or even influence, a committee to investigate into his own crimes? Can such a body be expected to be impartial and truly reveal what the Arab coalition has done in Yemen?

Answers to all of these questions have, unfortunately, to be in the negative. It is not that we are expressing pessimism, there are certainly concrete basis for what we have said. Besides the above given arguments with regard to the co-operation between the US, the UK and Saudi Arabia, the fact remains that not even the EU, the so-called champion of human rights, is able to leave a decisive impact on the situation and turn things against Saudia. For instance, the European human rights organisation had to face a lot of ridicule when, despite its earlier statement that had confirmed that airstrikes carried out by the Arab coalition in the past two months had killed 39 civilians, including 26 children, the resolution was amended and the bid for constituting an independent inquiry was replaced by a committee of “experts.” Not only were their reports and arguments not accepted, but their demand that the matter be brought before the International Criminal Court (ICC) was squarely rejected, thanks again to the Saudi lobbying and the help it received from its key allies in the West i.e., the US and UK and France and the way it coerced countries into backing down on this demand.

According to a Reuters report, in a letter seen by one of the diplomats, Saudi Arabia – the world’s biggest oil exporter – had warned some states of possible consequences should they support the Dutch resolution, submitted jointly with Canada, calling for a full commission. This lobbying was the perfectly echoed by French diplomatic source who was reported to have said that “there is room to satisfy everybody.”

It appears that no other party is more satisfied now than the House of Saud, the principal accused in the scene. The accused stands vindicated as it is well “satisfied” with the way things have ended in the UNHRC session and the way things will proceed in the future. It is possible that by the time the committee of experts is constituted, does its investigation and submits its report in a year from now on, the Arab coalition, which believes that airstrikes killing civilians are legally justifiable, might end up killing thousands of innocent people. Who will then the UNHRC blame for the loss?

October 9, 2017 Posted by | Corruption, Deception, War Crimes | , , , , , , , | Leave a comment

In Continued Targeting of Only Africans, ICC Calls for Arrest of Saif al-Islam Gaddafi

teleSUR | June 14, 2017

Just shortly after Saif al-Islam Gaddafi, the son of late Libyan leader Muammar Gaddafi, was released from prison Saturday, the International Criminal Court on Wednesday called for his arrest.

“Libya is obliged to immediately arrest and surrender Mr. Gaddafi to the ICC, regardless of any purported amnesty law in Libya,” ICC prosecutor Fatou Bensouda said in a statement.

The body — which in its history has only prosecuted Africans — alleges that Gaddafi suppressed opposition to his father’s rule during uprisings in 2011, accusing him of crimes against humanity.

Gaddafi often spoke out defiantly against attempts to topple the government his father led, having gained prominence as a high-ranking official and spokesman during the NATO-backed campaign against the Libyan Arab Jamahiriya.

That campaign soon became a “regime change” effort that led to the toppling of Muammar Gaddafi and Libya’s plunge into all-out civil war.

The North African country has since become a base for various transnational extremist factions such as al-Qaida, the Islamic State group and the Libyan Islamic Fighting group.

The ICC, on the other hand, has largely been discredited in Africa, with Gambia’s Information Minister Sheriff Bojang noting last October that the ICC is, “in fact, an International Caucasian Court for the persecution and humiliation of people of color, especially Africans.”

Earlier this year, leaders from the African Union adopted a non-binding decision to withdraw from the court.

In addition to the ICC’s calls for arrest, a Tripoli court in 2015 sentenced Saif to death in absentia for alleged war crimes as well.

June 14, 2017 Posted by | Aletho News | , , , , | Leave a comment

Massacres of Muslims: In Canada Condemned, In Yemen Condoned

By Christopher Black | New Eastern Outlook | 07.02.2017

The massacre of Muslims in Canada at a Quebec City mosque on Sunday, January 29, raises a number of questions about what happened but also raises deep questions of morality and justice since the massacre of Muslims in Canada is rightly condemned but another massacre of Muslims, in Yemen, is shamefully and criminally condoned. In one situation, a suspect faces trial for murder and is condemned by public opinion, while in the other the guilty are treated as heroes and will receive medals. Let’s deal with the Canadian situation first.

Instead of facts we have confusion since first reports are of two figures, wearing ski masks, blasting away with Ak-47’s. Now the two are declared to be one. We have a conversation on a bridge between a “suspect” and the police, after the “suspect” is alleged to have called them “because he feels bad,” to tell them he “was involved.” What that means is not stated but is played in the press as a confession, but there is no confession. At his bail hearing on Monday, the sole accused Alexandre Bissonnette, entered no plea and said not a word.

He is portrayed in the press as a right wing oddball, a loner type. Friends and family never saw it coming. Much is made of his mundane “likes” on his Facebook site as if these indicate his guilt or innocence any more than my “likes” indicate mine. Was he a hidden ideological time bomb and killed with an objective in mind, to make a cruel statement, to create terror for political objectives? If so, and after so brazen a massacre, where were the shouts of defiance, of bragging, from this terrorist madman? Instead, a man shuffled and hung his head and dared not look anyone in the eye, tried to keep a low profile when all eyes were focused on him. Why? Is he one of the shooters? Were there two or just one?

The Toronto Star reported on the Sunday, January 30, that,

“Two attackers carried out a shooting at a Quebec City Mosque…”

Quoting Radio-Canada, the Star stated that,

“One man who was at the mosque told Radio-Canada that there were two attackers wearing ski masks who burst into the building and opened fire. The man, who didn’t want to be identified by name, said they had strong Quebecois accents, but added that he believed them shouting ‘Allahu Akbar’… The man said he narrowly escaped when a bullet whizzed over his head. He said the gunmen took aim at those who were still praying.”

There we have it, a recent direct witness statement that there were two shooters, not one, as the police now claim. The witness talks in the plural all through his statement. There can be no doubt this event is seared in his mind. He was there. There can be no doubt there were two men involved. But now one has disappeared from the official narrative. I am not surprised he feared to give his name because if killers can disappear witnesses can too.

Even the CBC, on Tuesday January 31, in reference to a witness who was arrested as a suspect by mistake, quoted that witness as stating, “I found a victim near the door. I didn’t know if he was alive or dead… when I gave him my jacket to keep warm, I saw the image of someone with a firearm. I didn’t know it was the police. I thought it was a shooter who’d returned.”

He refers to “a” shooter not “the” shooter implying there were more than one. He even thought the police officers were the shooters. But clearly he misunderstood why they were there. And the CBC article also cited the witness who saw two attackers and repeated the Radio-Canada story.

The police now state there was only one shooter. Yet the police statement from the Surete de Quebec on January 30 said, “The Surete de Quebec confirms that only one of the individuals arrested yesterday evening is connected with the attack in Quebec and is considered a suspect.” That does not exclude other attackers and does not say that Bissonnette is the only attacker. Now the press are quoting witnesses saying there was one attacker but the police state they have two long guns used in the crime. Witnesses described them as AK 47’s. They also say that a shooter also used a 9 mm pistol after his rifle jammed. The 9mm could hold 15 rounds and since more than 20 people were shot the question of two shooters does not go away.

What is the motive? Not a word on that from anyone though the media is heavy with speculation it is because of alleged right wing views. But many people in Quebec and Canada share these opinions. This is not evidence. If it was Bissonnette, was this a hate attack against Muslims and if so how did this come about? If it wasn’t, is he insane so that now he is arrested we no longer need worry? Very different scenarios cause different reactions and consequences. But we are left with the word “terrorism” as if saying it explains things. Where and how did he or they get the automatic weapons they used? Was CSIS, the Canadian Security and Intelligence Service aware of any of this developing? If not, why not?

Who benefits from this crime? We know that President Trump issued an executive order banning entry of Muslims from certain countries on Friday. The Canadian Prime Minister Trudeau, in reaction to the Trump travel ban, stated on Saturday,

“To those fleeing persecution, terror and war, Canadians will welcome you, regardless of faith. Diversity is our strength.”

One day later, on Sunday, came the message in the form of the attack that Muslims better forget Canada as a safe place to be. So, was there a political objective? If so, was it to damage Trump through the murder of innocents? Was it to slap down Trudeau and damage Canada’s reputation? Will it be another in a long string of such incidents the past few years which have been used to excuse even more draconian security laws and loss of civil rights and freedoms?

The anti-Trump media, political opponents and commentators are using it to link Trump to right wing murderers, while Trump has tried to use it to call for more security and offered Canada the help of American security services.

The Canadian media are in a frenzy putting out stories about Canada as a welcoming country that is horrified by this crime and condemning violence against Muslims. The only thing the public knows is that we do not know the whole story.

But the massacre in Quebec City was not the only massacre that took place on that Sunday. That same day American special forces invaded Yemen and carried out a series of “raids,” in reality a series of invasions of a sovereign country to kill its citizens. One of these raids was against a man they claim was a “suspected Al-Qaeda leader” their code phrase for anyone they want out of the way in the Middle East, since Al-Qaeda does not exist; it is just a label attached to any group in the middle east that resists US hegemony, or in Yemen, is part of the resistance to the US-UK sponsored war conducted by Saudi Arabia against Yemen.

This invasion of Yemen, an act of aggression against a member of the United Nations, was planned by President Obama and approved by President Trump, showing the seamless continuity of American imperialism. It was supposedly to “gather intelligence,” in the form of a computer hard drive. To obtain that hard drive, the Americans slaughtered dozens.

In one version in the US media, the American soldiers descended from their helicopters, surrounded a house, and then killed everyone in it. They then began to meet resistance and more violence ensued as the Yemenis tried to resist the American invaders. A US helicopter was shot down, and as is often the case with them, the Americans fired and bombed indiscriminately and killed, according to local media, 30 people including civilians, 8 women and children among them, and bombed a school, a medical facility and a mosque. It was reported that the Americans killed more people in Yemen in other raids that day.

This is a war crime under international law, a crime against humanity, to invade a country and kill its citizens who have every right to resist the attack. Yet where is the condemnation of President Obama for planning this operation and for President Trump for carrying it out? Where are the arrests of these two men and the soldiers who carried out this atrocity? Are they not as guilty as Alexandre Bissonnette, if indeed he is one of the attackers in Quebec? Why is it insignificant that Muslims are murdered in their homes and mosques in Yemen by a powerful state but a world tragedy when Muslims are murdered in a mosque in Canada?

Yet, as the Surete de Quebec and the other Canadian police forces and intelligence agencies carry out their activities to determine what happened in Quebec City and as the Canadian and world media put out wall to wall coverage of the massacre in Canada, the same media do nothing more than regret the death and wounding of the American murderers who carried out the massacre in Yemen and excuse this mass slaughter while the prosecutor of the ICC sits at her desk and wonders why she and the court she represents have become totally irrelevant to what seems to be a hopeless quest to prevent war crimes and the wars from which they arise and which have led directly to the crimes in Canada and Yemen.

Christopher Black is an international criminal lawyer based in Toronto. He is known for a number of high-profile war crimes cases and recently published his novel “Beneath the Clouds. He writes essays on international law, politics and world events.

February 7, 2017 Posted by | Deception, False Flag Terrorism, Militarism, Timeless or most popular, War Crimes | , , , , | Leave a comment