Category Archives: Human Rights

The UN “Sheriff”: Nikki Haley Elevated Israel, Damaged US Standing

US Ambassador to the UN, Nikki Haley, has made her post a “more glamorous” position than her predecessors – as President Donald Trump described Haley’s 2-year term at the UN, following her resignation announcement.

We may never know the nature of Haley’s purported ‘glamour’ at the UN, but we certainly know that, during her relatively brief stint, Haley has further diminished her country’s struggling reputation, entrenching US isolation in the world’s most vital international political body.

In her own words, Haley concluded that her mission at the UN was accomplished, commending herself on three achievements: the US has become more respected; it saved a lot of money and strongly defended Israel against UN ‘bias.’

“All of those things have made a huge difference in the US standing,” she said. “The US is strong again. And the US is strong in a way that should make all Americans very proud.”

Nothing could be further from the truth and Haley, who is suspected of engineering a run for the White House in the future, has no evidence to back up her claim of new-found ‘strength’ and ‘respect’.

During his speech before the General Assembly on September 25, Trump’s preposterous claims were not met with thundering applause but humiliating laughter. So much for respect.

However, there is no question that Haley was a good fit to be Trump’s representative to the international community. Her aggressive and self-aggrandizing language tallies with the political discourse emanating from the White House.

That aside, considering the violations of human rights committed by Israel during Haley’s time at the UN, her relentless defense of Israel is no laughing matter.

Haley’s supposed ‘achievements’ of saving money and supporting Israel are intrinsically linked. Indeed, the US saved $1.3 billion dollars – by cutting off funds to organizations that were critical of Israel or supportive of the Palestinian people.

Haley’s political outlook is not influenced by true conviction.  In his bestselling book, Fire and Fury: Inside the Trump White House, Michael Wolff describes Haley as an “opportunist” who is as “ambitious as Lucifer.”

In fact, there can be no rational explanation for Haley’s palpable hatred of Palestinians and Arab and love of Israel, other than sheer opportunism.

The US-Israel pact at the UN is as old as Israel itself, but the last two decades have taken this relationship to new heights. The already slanted US position on Israel’s Occupation of Palestine, and its brazen use of the ‘veto’ power to shield Israel from international criticism, reached its zenith during the term of George W. Bush’s ambassador to the UN, John Negroponte (2001-04).

The ‘Negroponte doctrine’ – the instant rejection and, if necessary, vetoing of any UN Security Council resolution critical of Israel – remained a staple in US foreign policy until today, with the notable exception of Resolution 2334.

On December 23, 2016, the Obama Administration abstained from voting on a resolution that condemned Israel’s construction of illegal Jewish settlements in the Occupied Palestinian Territories. Obama’s final act violated the main tenet of US diplomacy at the UN.

Soon after, Haley arrived in New York with a clear and urgent mandate: to do everything in her power to recover the traditional US position in support of Israel.

Eager to reassure Israel that it has not been abandoned, Haley launched her pro-Israel campaign at the annual policy conference of the American Israel Public Affairs Committee (AIPAC) in March 2017, using bizarre, tactless language.

“There’s a new sheriff in town,” she announced before nearly 18,000 conference attendees, intoxicated with excitement. “I wear heels. It’s not for a fashion statement,” she declared. “It’s because if I see something wrong, we’re going to kick ’em every single time.”

Haley was true to her words. The ‘Haley doctrine’ went even further than Negroponte’s, as the latter was largely confined to blocking resolutions critical of Israel. Haley, on the other hand, supported Israel at every possible opportunity, and, along with Israeli Ambassador to the UN, Danny Danon, she conspired to punish countries and UN agencies, such as UNESCO, UNRWA and others for recognizing Palestinian rights or providing aid to Palestinian refugees.

Haley, therefore, tried to manage the UN from within – rewarding and punishing as she saw fit – to end what she wrongly perceived the organization’s systematic targeting of Israel.

On a visit to Israel in June 2017, she accused the UN in a press conference held jointly with Israeli Prime Minister, Benjamin Netanyahu, of ‘bullying’ Israel. “If there’s anything I have no patience for, its bullies – and the UN was being such a bully to Israel because they could,” she said.

The notion, that of the UN’s supposed unfairness to Israel, was at the heart of Haley skewed discourse.

In December 2017, the self-proclaimed anti-bullying diplomat, threatened those who voted in favor of an Egypt-sponsored draft resolution that expressed “deep regret at recent decisions concerning the status of Jerusalem.” She vetoed the draft, which was supported by all other members of the Security Council, calling the vote an ‘insult’ that would not be forgotten.

On May 14, Israeli snipers opened fire at unarmed protesters at the fence separating besieged Gaza from Israel, killing more than 60 and injuring thousands. Haley was the only member of the Security Council who could not comprehend the international outrage over one of the worst Israeli massacres in years.

“No country in this chamber would act with more restraint than Israel has,” she lectured the other ambassadors.

While Haley was duly criticized by Palestinians for impeding international law, she was enthusiastically celebrated by Israel and its friends in Washington for being a ‘true friend of Israel.’

Soon after her resignation was announced, Danon spoke fondly of Haley for challenging ‘anti-Israel bias’ in the UN.

For Palestinians, however, Haley was a stumbling block in their efforts to finally achieve the justice and rights they need and deserve.

The US-Israeli love affair at the UN, and their ongoing war on Palestinian rights, are likely to remain unchanged, long after Haley’s departure.

Bearing in mind the irreparable damage created by the “new sheriff in town”, Haley certainly will not be missed in Palestine.

Act Now To Protect Our Right To Protest

The radical attack on our constitutional right to protest in Washington, DC needs to be stopped. The National Park Service (NPS) has published proposed rules that would curtail First Amendment rights to assemble, petition the government and exercise free speech in the nation’s capital. Together, we can stop this proposal from going forward.

Popular Resistance submitted comments to the National Park Service and is working in coalition with numerous organizations in Washington, DC to protect our constitutional rights. We will be joining with other organizations in submitting coalition comments. We need everyone to participate, submit a comment this weekend, the deadline is Monday.

Tell the NPS why protest in Washington, DC is important, your experience with protest and why these new restrictions will make it difficult to exercise your constitutional rights. Your comment will be the evidence courts will consider in reviewing these proposed rules.

Submit your comment here. The deadline is Monday, October 15th. More specifics are provided below. Please act today. 

This is part of the effort to curtail dissent in the United States

The proposal would result in people being charged fees if they hold a protest. That means in order to exercise your constitutional right, the government can charge you for the police barricades, the Park Service police time and even their overtime. And, if you hold a concert with your protest where people make speeches, play music or use spoken word, you can be charged for that exercise of Free Speech as well.

While the “pay to play” rules have gotten some attention in the media, that is just the beginning of the restrictions. The area around the White House would basically be off-limits as they would close the walkway and sidewalk in front of it. This area that was used by suffragists to appeal to President Wilson for the right to vote would no longer be available. There are hundreds of protests every year around the White House as this iconic spot has been used for protests on civil rights, opposition to war, protection of the environment, urging climate justice, for economic fairness and so much more. It is used to get the attention of the president to use the presidential power to pardon, as we did in the campaign for Chelsea Manning directed at President Obama.

In this time of immediate news coverage and the ability to use social media for breaking news as it happens, NPS proposed restricting “spontaneous demonstrations.” Rather than the current rule, which presumes a permit is granted if it is not denied within 24 hours, the NPS would now put such requests in limbo and have until the last minute to deny the permit. And even if a permit is granted, the proposed rules would allow a permit to be revoked for any infraction of the permit.

Under international law, no authorization should be required to assemble peacefully, and a system of prior notification should only be intended to allow authorities to facilitate protests and peaceful assemblies. This standard would be a standard consistent with the US Constitution which forbids the abridgment of the rights to assemble, petition the government and to speak freely. The permit process already violates international law, making it more restrictive moves the United States further into the territory of a rogue nation that ignores the law even though it ratified the International Covenant on Civil and Political Rights in 1992.

The proposed rules would also limit the size of signs and banners in many parts of the city and asks whether more parks should be labeled as parks that do not allow protest. And, in response to the Occupy protests, the NPS would limit vigils and encampments to one month — letting the people in power know that long-term protests are only a short-term threat.

Read the twelve ways that the proposed protest rules would restrict our constitutional right to protest in our call to action.

Protests are increasing and will continue

Protests have been escalating in the United States since the 2009 economic collapse. That collapse was followed by a wide range of protests at banks and the Federal Reserve as well as in state capitals across the country. That was followed by the sustained multi-month protest of the Occupy encampments in hundreds of cities across the country. Out of police violence and killings of black people came the Black Lives Matter movement, and out of the poverty wages of low wage workers came Our Walmart and Fight for $15. As the US moved to become the largest oil and gas producing nation in the world — at a time when climate change science said we should build no oil and gas infrastructure — protests across the country against pipelines, compressor stations, export terminals and other infrastructure grew. This climaxed in the No DAPL protest at Standing Rock, and continues to build.

There has been a dramatic increase in protests since President Trump was elected president. In the last year, one-fifth of people in the United States say they have participated in a protest, rally or other First Amendment event. A recent poll found, “One in five Americans have protested in the streets or participated in political rallies since the beginning of 2016. Of those, 19 percent said they had never before joined a march or a political gathering.”

This is a time to be protecting constitutional rights, not curtailing them. People understand the government is not listening to them or meeting their needs and are protesting in order to be heard as they face economic insecurity – high debt and low pay.

Efforts to curtail protest are a sign that the movement is having an impact. We are building our power and are getting more organized. We have the power to stop these unconstitutional restrictions on our right to protest.

We urge you to join us in taking action today. Submit a comment explaining why the right to protest matters to you. It can be brief or long or somewhere in between.

Together we can keep building a movement for transformational change. Economic, racial and environmental justice as well as an end to war can be achieved. We are closer than we realize, efforts to stop us are a sign that the power structure is afraid of the people organizing to demand change.

A Global People’s Bailout for the Coming Crash

When the global financial crisis resurfaces, we the people will have to fill the vacuum in political leadership. It will call for a monumental mobilisation of citizens from below, focused on a single and unifying demand for a people’s bailout across the world.

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A full decade since the great crash of 2008, many progressive thinkers have recently reflected on the consequences of that fateful day when the investment bank Lehman Brothers collapsed, foreshadowing the worst international financial crisis of the post-war period. What seems obvious to everyone is that lessons have not been learnt, the financial sector is now larger and more dominant than ever, and an even greater crisis is set to happen anytime soon. But the real question is when it strikes, what are the chances of achieving a bailout for ordinary people and the planet this time?

In the aftermath of the last global financial meltdown, there was a constant stream of analysis about its proximate causes. This centred on the bursting of the US housing bubble, fuelled in large part by reckless sub-prime lending and an under-regulated shadow banking system. Media commentaries fixated on the implosion of collateralised debt obligations, credit default swaps and other financial innovations—all evidence of the speculative greed and lax government oversight which led to the housing and credit booms.

The term ‘financialisation’ has become a buzzword to explain the factors which precipitated these events, referring to the vastly expanded role of financial markets in the operation of domestic and global economies. It is not only about the growth of big banks and hedge funds, but the radical transformation of our entire society that has taken place as a result of the increasing dominance of the financial sector with its short-termist, profitmaking logic.

The origins of the problem are rooted in the early 1970s, when the US government decided to end the fixed convertibility of dollars into gold, formally ending the Bretton Woods monetary system. It marked the beginning of a new regime of floating exchange rates, free trade in goods and the free movement of capital across borders. The sweeping reforms brought in under the Thatcher and Reagan governments accelerated a wave of deregulation and privatisation, with minimum protective barriers against the ‘self-regulating market’.

The agenda was pushed aggressively by most national governments in the Global North, while being imposed on many Southern countries through the International Monetary Fund and World Bank’s infamous ‘structural adjustment programmes’. A legion of books have examined the disastrous consequences of this market-led approach to monetary and fiscal policy, derisorily labelled the neoliberal Washington Consensus. As governments increasingly focused on maintaining low inflation and removing regulations on capital and corporations, the world of finance boomed—and the foundations were laid for a dramatic dénouement in 2008.

Missed opportunities

What’s extraordinary to recall about the immediate aftermath of the great crash is the temporary reversal of those policies that had dominated the previous two decades. At the G20 summit in April 2009 hosted by British Prime Minister Gordon Brown, heads of state envisaged a return to Keynesian macroeconomic prescriptions, including a large-scale fiscal stimulus in both developed and developing countries. It appeared that the Washington Consensus had suddenly lost all legitimacy. The liberalised global financial system had clearly failed to provide for a net transfer of resources to the developing world, or prevent instability and recurrent crisis without effective state regulation and democratic public oversight.

Many civil society organisations saw the moment to call for fundamental reform of the Bretton Woods institutions, as well as a complete rethink of the role of the state in the economy. There was even talk of negotiating a new Bretton Woods agreement that re-regulates international capital flows, and supports policy diversity and multilateralism as a core principle (in direct contrast to the IMF’s discredited approach).

The United Nations played a staunch role in upholding such demands, particularly through a commission set up by the then-President of the UN General Assembly, Miguel d’Escoto Brockmann. Led by Nobel laureate Joseph Stiglitz, the ‘UN Conference on the World Financial and Economic Crisis and its Impact on Development’ proposed a number of sensible measures to protect the least privileged citizens from the effects of the crisis, while giving developing countries greater influence in reforming the global economy.

Around the same time, the UN Secretary-General endorsed a Global Green New Deal that could stimulate an economic recovery, combat poverty and avert dangerous climate change simultaneously. It envisioned a massive programme of direct public investments and other internationally-coordinated interventions, arguing that the time had come to transform the global economy for the greater benefit of people everywhere, including the millions living in poverty in developing and emerging industrial economies.

This wasn’t the first time that nations were called upon to enact a full-scale reordering of global priorities in response to financial turmoil. At the onset of the ‘third world’ debt crisis in 1980, an Independent Commission on International Development Issues convened by the former West German Chancellor, Willy Brandt, also proposed far-reaching emergency measures to reform the global economic system and effectively bail out the world’s poor.

Yet the Brandt Commission proposals were widely ignored by Western governments at the time, which marked the rise of the neoliberal counterrevolution in macroeconomic policy—and all the conditions that led to financial breakdown three decades later. Then once again, governments responded in precisely the opposite direction for bringing about a sustainable economic recovery based on principles of equity, justice, sharing and human rights.

A world falling apart

We are all familiar with the course of action taken from 2008-9: colossal bank bailouts enacted (without public consultation) that favoured creditors, not debtors, despite using taxpayer money. Quantitative easing (QE) programmes that have pumped trillions of dollars into the global financial system, unleashing a fresh wave of speculative investment and further widening income and wealth gaps. And the perceived blame for the crisis deflected towards excessive public spending, leading to fiscal austerity measures being rolled out across most countries—a ‘decade of adjustment’ that is projected to affect nearly 80 percent of the global population by 2020.

To be sure, the ensuing policy responses across Europe were often compared to structural adjustment programmes imposed on developing countries in the 1980s and 1990s, when repayments to creditors of commercial banks similarly took precedence over measures to ensure social and economic recovery. The same pattern has repeated in every crisis-hit region, where the poorest in society pay the price through extreme austerity and the privatisation of public assets and services, despite being the least to blame for causing the crisis in the first place.

After ten years of these policies a new billionaire is created every second day, banks are still paying out billions of dollars in bonuses each year, and the top 1% of the world population are far wealthier than before the crisis happened. At the same time, global income inequality has returned to 1820 levels, and indicators suggest progress is now reversing on the prevention of extreme poverty and multiple forms of malnutrition.

Indeed the United Nations continues to face the worst humanitarian situation since the second world war, in large part due to conflict-driven crises that are rooted in the economic fallout of the 2008 crash—most dramatically in Syria, Libya, and Yemen. Countries of both the Global North and South remain in the grip of a record upsurge of forced human displacement, to which governments are predictably failing to respond to in the direction of cooperative burden sharing through agreements and institutions at the international level.

Not to mention the rise of fascism and divisive populism that is escalating in almost every society, often as a misguided response to pervasive inequality and a widespread sense of unfairness among ordinary workers. It is surely reasonable to suggest that all these trends would not be deteriorating if the community of nations had seized the opportunity a decade ago, and acted in accordance with calls for a just transition to a more equitable world order.

The worst is yet to come

We now live in a strange era of political limbo. Neoclassical economics may have failed to predict the great crash or provide answers for a sustained recovery, yet it still retains its hold on conventional academic thought. Neoliberalism may also be discredited as the dominant political and economic paradigm, yet mainstream institutions like the IMF and OECD still embrace the fundamentals of free market orthodoxy and countenance no meaningful alternative. Consequently, the new regulatory initiatives agreed at the global level are largely voluntary and inadequate, and governments have done little to counter the power of oligopolistic banks or prevent reckless speculative behaviour.

Banks may be relatively safer and possess a bigger crisis toolkit, but the risk has moved to the largely unregulated shadow banking system which has massively increased in size, growing from $28 trillion in 2010 to $45 trillion in 2018. Even major banks like JP Morgan are forewarning an imminent crisis, which may be caused by a digital ‘flash crash’ in which high frequency investments (measuring trades in millionths of a second) lead to a sudden downfall of global stock markets.

Another probable cause is the precipitous rise in global debt, which has soared from $142 to $250 trillion since 2008, three times the combined income of every nation. Global markets are running on easy money and credit, leading to a debt build-up which economists from across the political spectrum agree cannot last indefinitely without catastrophic results. The problem is most acute in emerging and developing economies, where short-term capital flowed in response to low interest rates and QE policies in the West. As the US and other rich countries begin to steadily raise interest rates again, there is a risk of a mass exodus of capital from emerging markets that could trigger a renewed debt crisis in the world’s poorest countries.

Of most concern is China, however, whose credit-fuelled expansion in the post-crash years has led to massive over-investment and national debt. With an overheating real-estate sector, volatile stock market and uncontrolled shadow banking system, it is a prime candidate to be the site for the next financial implosion.

However it originates, all the evidence suggests that an economic collapse could be far worse this time around. The ‘too-big-to-fail’ problem remains critical, with the biggest US banks owning more deposits, assets and cash than ever before. And with interest rates at historic lows for many G-10 central banks while the QE taps are still turned on, both developed and developing countries have less policy and fiscal space to respond to another shock.

Above all, China and the US are not in a position to take the same decisive central bank action that helped avert a world depression in 2008. And then there are all the contemporary political factors that mitigate against a coordinated international response—the retreat from multilateralism, the disintegration of established geopolitical structures and relationships, the fragmentation and polarisation of political systems throughout the world.

After two years of a US presidency that recklessly scraps global agreements and instigates trade wars, it is hard to imagine a repeat of the G20 gathering in 2009 when assembled leaders pledged never to go down the road of protectionist tariff policies again, fearing a return to the dire economic conditions that led to a world war in the 1930s. The domestic policies of the Trump administration are also especially perturbing, considering its current push for greater deregulation of the financial sector—rolling back the Dodd-Frank and consumer protection acts, increasing the speed of the revolving door between Wall Street and Washington, D.C., and more.

Mobilising from below

None of this is a reason to despair or lose hope. The great crash has opened up a new awareness and energy for a better society that brings finance under popular control, as a servant to the public and no longer its master. Many different movements and campaigns have sprung up in the post-crash years that focus on addressing the problems wrought by financialisation, which more and more people realise is the underlying source of most of the world’s interlinking crises. All of these developments are hugely important, although the true test of this rising political consciousness will come when the next crash happens.

After the worldwide bank bailouts of 2008-9—estimated in excess of $29 trillion by the US Federal Reserve alone—it is no longer possible to argue that governments cannot afford to provide for the basic necessities of everyone. Just a fraction of that sum would be enough to end income poverty for the 10% of the global population who live on less than $1.90 a day. Not to mention the trillions of dollars, euros, pounds and yen that have been directly pumped into financial markets by central banks of the major developed economies, constituting a regressive form of distribution in favour of the already wealthy that could have been converted into some form of ‘quantitative easing for the people’.

A reversal of government priorities on this scale is clearly not going to be led by the political class. They have already missed the opportunity, and are largely beholden to vested interests that are unduly concerned with short-term profit maximisation, not the rebuilding of the public realm or the universal provision of essential goods and services. The great crash and its aftermath was a global phenomenon that called for a cooperative global response, yet the necessary vision from within the ranks of our governments was woefully lacking. If the financial crisis resurfaces in a different and severer manifestation, we the people will have to fill the vacuum in political leadership. It will call for a monumental mobilisation of citizens from below, focused on a single and unifying demand for a people’s bailout across the world.

Much inspiration can be drawn from the popular uprisings throughout 2011 and 2012, although the Arab Spring and Occupy movements were unable to sustain the momentum for change without a clear agenda that is truly international in scope, and attentive to the needs of the world’s majority poor. That is why we should coalesce our voices around Article 25 of the Universal Declaration of Human Rights, which proclaims the right of everyone to the minimal requirements for a dignified life—adequate food, housing, medical care, access to social services and financial security.

Through ceaseless demonstrations in all countries that continue day and night, a united call for implementing Article 25 worldwide may finally impel governments to cooperate at the highest level, and rewrite the rules of the international economic system on the basis of shared mutual interests. In the wake of a breakdown of the entire international financial and economic order, such a grassroots mobilisation of numberless people may be the last chance we have of resurrecting long-forgotten proposals in the UN archives, as notably embodied in the aforementioned Brandt Report or Stiglitz Commission.

The case of Iceland is widely remembered as an example of how a people’s bailout can be achieved, following the ‘Pots and Pans Revolution’ that swept the country in 2009—the largest protests in the country’s history to date. As a result of the public’s demands, a new coalition government was able to buck all trends by avoiding austerity measures, actively intervening in capital markets and strengthening social programs for the less privileged. The results were remarkable for Iceland’s economic recovery, which was achieved without forcing society as a whole to pay for the blunders of corrupt banks. But it still wasn’t enough to prevent the old establishment political parties from eventually returning to power, and resuming their support for the same neoliberal policies that generated the crisis.

So what must happen if another systemic banking collapse occurs of even greater magnitude, not only in Iceland but in every country of the world? That is the moment when we’ll need a global Pots and Pans Revolution that is replicated by citizens of all nationalities and political persuasions, on and on until the entire planet is engulfed in a wave of peaceful demonstrations with a common cause. It will require a huge resurgence of the goodwill and staying power that once animated Occupy encampments, although this time focused on a more inclusive and universal demand for implementing Article 25 and sharing the world’s resources.

It may seem far-fetched to presume such an unprecedented awakening of a disillusioned populace, as if we can expect a visionary leader of Christ-like stature to point out the path towards resurrecting the UN’s founding ideals of “better standards of life for everyone in the world”. Unfortunately, nothing less may suffice in this age of economic chaos and confusion, so let us all be prepared for the climactic events about to take place.

UK’s Snoopers’ Charter Ruled Unlawful: What Does Privacy Mean to You?

Two weeks ago the European Court of Human Rights (ECHR) gave a landmark ruling against the UK government’s mass surveillance program, stating that it violated human rights and offered “no real safeguards” to the public.  This surveillance programme, according to the Strasbourg court, allowed the British intelligence agencies’ to violate the right to a private and family life with “insufficient oversight” over which communications were chosen for examination. Of equal importance the ECHR found that the Investigatory Powers Act (IPA), also known as the Snoopers’ Charter, did not give enough protection to journalistic sources which would violate the rights to freedom of expression guaranteed in UK and EU laws and would discourage whistle-blowing.   In its judgment of the case, Big Brother Watch and Others v. the United Kingdom (applications nos. 58170/13, 62322/14 and 24960/15), the court concluded that police and security services had breached citizens’ right to privacy by intercepting communications data in bulk, with little oversight of when these powers could be used, just as NSA whistleblower Edward Snowden had revealed.

In its judgment, the ECHR expressed concern that “intelligence services can search and examine ‘related communications data’ apparently without restriction’ – data that identifies senders and recipients of communications, their location, email headers, web browsing information, IP addresses, and more.” This means that Internet service providers must store details of everything we do online for twelve months and render it accessible to dozens of public bodies to include everything from browsing records to data on private citizens, search engine activity, to every phone call to text message and geographical location we have held in any of our electronic devices.  The IPA also requires that tech companies hand over the data that they possess to intelligence agencies.

Yet, what does this mean for those of us who just use our computers for work and our mobiles for texting friends to meet up for drinks? Surely, this does not affect us, right?  Wrong.

The catch is that we are all implicated, to include the simple text message to confirm dinner plans. Do you use a social media account? Do you have photos on your mobile and laptop that you have or have not posted online? Did you rate a restaurant on Google? All this information to include your list of Facebook friends are being mined by the government along with all the tracking information that your many apps provide, your bank, credit card and financial details, biographical information, your resume, your medical records, and all the information in the world that you store on these devices which you might even deem harmless. In this day and age there is no such thing as harmless information. At that, there is no such thing as privacy when the government believes it has already rewritten the IPA in measure with the previous court’s instruction.

As many are concerned with the interception of personal data and parents are reading online privacy and safety guide for kids, the government’s secret interception, processing and storing data of millions of people’s private communications, should alarm each and every one of us.  The current form of the IPA means that any information that you have in the UK can be shared with secret intelligence agencies like the CIA, and well beyond. With which other countries does the US also share information under similar secret legal frameworks?  Also important to consider here are the impediments to tech development that are under threat such as when then Prime Minister David Cameron threatened to ban Snapchat, WhatsApp, and any other encrypted messaging services unless these companies provided the government with backdoor access to user data. Such measures actually deter technology since most tech companies are aware that the minute they undermine their users’ privacy, their company will not last.

In short, by stripping away our privacy, the government is undermining everything that keeps us free: our expression, our right to protest and to fair trials, our legal and patient confidentiality, our free press. And one can argue our individuality is at stake whereby everything we do, consume, record, and say is potentially up for monitoring and scrutiny, as are those with whom we interact.  As Edward Snowden stated, “Because privacy isn’t about something to hide. Privacy is about something to protect. That’s who you are.”

We need to prize our privacy and human right not to be spied upon in this day and age where governments are pulling out the “terrorism” card in order to goad its citizens into surrendering one of the qualities which makes us most human.

Priorities of the Time: Peace

For as long as anyone can remember violence and conflict have been part of daily life: humanity appears incapable of living peacefully together. There are the brutal cries of war, the vile acts of terror, homicides, rapes and assaults of all kinds. People everywhere long for an end to such conflicts, and are crying out for peace and understanding, to live in a just world free from fear.

Creating a world at peace not only demands putting an end to all forms of armed brutality, it also entails building peace within communities, in the workplace, educational institutions and the home, in the natural environment and, most importantly, it requires the inculcation of harmony within all of us. Each of these areas of living are interconnected, the prevailing condition in each affecting the stability and atmosphere of the other.

The task before us is to identify and change the prevailing divisive modes of living for inclusive ways that facilitate peace and cultivate tolerance. Peace itself is part of our essential nature: when the conditions of conflict are removed, peace between groups and within individuals arises naturally.

We are Society

Society is not an abstraction; it is a reflection of the consciousness of the individuals that make up any given community. As such, the responsibility for the nature of a town, city, school, office, country, region, etc., rests largely with those who live within its boundaries. I say “largely” because the corporate and state bodies that fashion the structures and promote the ideals of the day bear a large part of the responsibility. Specific values and conclusions are daily poured into the minds of everyone, virtually from birth, conditioning the consciousness and behavior of people around the world; the media (including the internet), institutionalized education and organized religion being the main outlets for such propaganda.

Variations on the nature of such conditioning are determined by circumstances of birth and background: the religious, political, socio-economic belief systems, the values of the family, the region and/or the country. All ism’s are inhibiting and divisive, and as the Dalai Lama says in A Human Approach to World Peace, when they are adopted people lose “sight of the basic humanity that binds us all together as a single human family.” Freedom of thought and independent creative thinking is denied, conformity expected. And can there be peace when the mind is imprisoned within the confines of a doctrine, no matter how lofty?

Whilst it is true that a symbiotic relationship exists between society and the individual, fundamentally the external world in which we live is a reflection of the internal life of humanity. Violent, disharmonious societies are the external manifestation of the inner turmoil, discontent and fear that many people feel.

The business of War

The loudest, ugliest form of violence is war, the machinery of which is a huge global industry greatly valued by the corporate state. It is a business ostensibly like any other, the difference being its products are intended to kill people and destroy everything in their path.

Like all businesses, weapons manufacturers operate to generate profits: wars are big business for arms companies, and therefore highly profitable, desirable even. International arms sales (dominated by America, with 34% of the total) according to the BBC “is now worth about $100bn.” By contrast, to end world hunger, which currently crushes the lives of around a billion people globally, would cost a mere $30 billion per year. And we wonder why there is no peace – how can there be peace when such gross injustice and inhumanity persist?

Profit, whether financial remuneration, status or power, is the principle motivating force within the working methodology of the global economic system. It is an unjust model that promotes a range of divisive, therefore violent values, including selfishness, competition and ambition. It thrives on and continually engenders dissatisfaction, and can there be peace when there is discontent?

Enormous wealth and power for a handful of men flow from the Ideology of Consumerism, leading to unprecedented levels of inequality in income/wealth, influence, education, health care, employment opportunities, access to culture and freedom to travel. Inequality is a fundamental form of social injustice: peace will never be realized where social injustice exists. Nor can peace be known when hunger, poverty, and exploitation, flowing from (financial) vulnerability, stalk the land destroying the lives of millions throughout the world.

Removing the obstacles to peace

Extreme inequality is a vile stain on our common humanity; inequality between the hideously wealthy, who have everything but want more, and the desperately poor, who have nothing, can barely feed themselves and live lives stunted by suffering; inequality between the economically secure and habitually complacent, and those who work until they drop yet can barely pay the rent. The hierarchy of injustice is crude at the extremes, variable in the middle and toxic throughout. It feeds anger and resentment and crushes peace.

Together with a ‘dog-eat-dog’ mentality, global inequality fuels insecurity and fear, both psychological and physical, leading to tension, anxiety and depression. It fosters bitterness, crushes hope and strengthens false notions of superiority and inferiority. This in turn reinforces the prevailing fear and a strengthening spiral of suspicion, intolerance and unease is set in motion, thereby denying the quiet manifestation of peace.

The realization of peace is inextricably related to the introduction of a new socio-economic order based on values altogether different from the existing model. A socially just system that reduces inequality, encourages cooperation instead of competition, and facilitates equal access to well designed accommodation, good quality health care and stimulating education. Where social justice exists trust develops, relationships evolve, peace comes into being.

At the heart of any alternative system should be the inculcation of the Principle of Sharing; sharing not only of the food, water, land and other natural resources, but of knowledge, skills and opportunities. Sharing encourages cooperation between people from different backgrounds, allowing understanding and tolerance to grow. Tolerance of those who look different, pray and think differently, and understanding that humanity is one, that the human condition is universal no matter one’s circumstances or worldview. That we share one home, which we are all responsible for, and that in every corner of the world men, women and children want the same things: to live in peace free from fear, to build a decent life for themselves and their families and to be happy.

When we share, we acknowledge our common need, our shared humanity and our universal rights. Through sharing, a more equitable world can evolve; sharing, together with cooperation, tolerance and understanding are key elements of the time, and when expressed individually and collectivelyallow for peace to naturally come into being. Complementary to such Principles of Goodness, forgiveness and the absence of retaliation or retribution are essential in establishing peace. As is well documented, punishment without rehabilitation and compassion is a recipe for despondency, more violence and further acts of crime. Such actions have dogged humanity since records began, as has war, and while there have been tremendous advances in technology, medicine and science, the consciousness of humanity seems to have changed very little, we remain violent, selfish and fearful. As the Dalai Lama puts it, “there is no doubt about the increase in our material progress and technology, but somehow this is not sufficient as we have not yet succeeded in bringing about peace and happiness or in overcoming suffering…the basic human problems remain.”

The overcoming of these ‘basic problems’ and the realization of peace both flow from the same root: the recognition of mankind’s essential unity, and the cultivation of a sense of “universal responsibility”. Fragmentation and dishonesty of mind must be resolved, fear and desire understood. The current modes of living inflame these negative tendencies and make what already appears difficult, even more so. Discontent and desire are constantly agitated, social and national divisions inflamed, and an atmosphere of insecurity created. At the same time a reductive image of happiness and security is portrayed through mainstream films, TV and other media outlets. It is a hollow construct based on pleasure, the fulfillment of emotionally rooted desires and material satisfactions, none of which will ever create lasting happiness or inner peace. Peace does not lie inside walls of division, whether formed of concrete or constructed out of some ideological doctrine, but, like lasting happiness, reveals itself when there is total freedom from desire.

A New Capital? Palestinians say Abu Dis is No Substitute for East Jerusalem

From the offputting concrete edifice that confronts a visitor to Abu Dis, the significance of this West Bank town – past and present – is not immediately obvious.

The eight metre-high grey slabs of Israel’s separation wall silently attest to a divided land and a quarter-century of a failed Middle East peace process.

The entrance to Abu Dis could not be more disconcerting, given reports that Donald Trump’s administration intends it to be the capital of a future Palestinian state, in place of Jerusalem.

The wall, and the security cameras lining the top of it, are the legacy of battles for control of Jerusalem’s borders. Sections of concrete remain charred black by fires residents set years ago in the forlorn hope of weakening the structure and bringing it down.

Before the wall was erected more than a decade ago, Abu Dis had a spectacular view across the valley to Jerusalem’s Old City and the iconic golden-topped Dome of the Rock, less than three kilometres away. It was a few minutes’ drive – or an hour’s hike – to Al Aqsa mosque, the third holiest site in Islam, and the Church of the Holy Sepulchre, the reputed location of Jesus’s crucifixion.

Now, for many of the 13,000 inhabitants, Jerusalem might as well as be on another planet. They can no longer reach its holy places, markets, schools or hospitals.

Abu Dis, say its residents, is hemmed in on all sides – by Israel’s oppressive wall; by illegal Jewish settlements encroaching relentlessly on what is left of its lands; and by a large, Israeli-run landfill site that, according to experts, is a threat to human health.

The Palestinian authorities do not even control Abu Dis. The Israeli security cameras watch over it and armoured jeeps full of Israeli soldiers make forays at will into its crowded streets.

Perhaps fittingly, given the Palestinians’ current plight, Abu Dis feels more like it is being gradually turned into one wing of a dystopian open-air prison than a capital-in-waiting.

Abu Dis repackaged

Nonetheless, the town has been thrust into the spotlight. Rumours have intensified that US President Trump’s promised peace plan – what he terms the “deal of the century” – is nearing completion. His son-in-law, Jared Kushner, has been drafting it for more than a year.

Back in January Mahmoud Abbas, the Palestinian leader, confirmed for the first time that the White House was leaning on him to accept Abu Dis as his capital.

The issue has become highly charged for Palestinians since May, when Mr Trump overturned decades of diplomatic consensus by moving the US embassy from Tel Aviv to Jerusalem.

That appeared to overturn a once widely shared assumption that Israel would be required to withdraw from East Jerusalem, which it occupied in 1967, and allow the Palestinians to declare it their capital.

Instead Mr Kushner and his team appear to believe they can repackage Abu Dis, just outside the city limits, as a substitute capital.

How plausible is it that the Palestinians can accept a ghettoised, anonymous community like Abu Dis for such a pivotal role in their nation-building project?

Symbolic power

Ghassan Khatib, a former Palestinian cabinet minister, said Mr Trump would find no takers among the Palestinian leadership.

“A Palestinian state without Jerusalem as its capital simply won’t work. It’s not credible,” he said. “It’s not just Jerusalem’s religious and historic significance. It also has strategic, economic and geographic importance to Palestinians.”

The people of Abu Dis appear to feel the same way, with many pointing to Jerusalem’s enormous symbolic power, as well as the potential role of international tourism in developing the Palestinian economy.

Abu Dis, however, is unlikely ever to attract visitors, even should it get a dramatic makeover.

The approach road, skirting the massive settlement of Maale Adumim, home to 40,000 Jews, is adorned with red signs warning that it is dangerous for Israelis to enter the area.

The section of wall at the entrance to Abu Dis alludes to the residents’ growing anger and frustration – not only with Israel but some of their own leaders.

Artists have spray-painted a giant image of Marwan Barghouti, a Palestinian resistance leader imprisoned by Israel for the past 16 years. It shows him lifting his handcuffed hands to make a V-for-victory sign.

But noticeably, next to him is a much smaller image of Mr Abbas, president of the Palestinian Authority, whose face has been painted out. He has come under mounting domestic criticism for maintaining Palestinian “security cooperation” with Israel’s occupation forces.

Resentment at such cooperation is felt especially keenly in Abu Dis. Large iron gates in the wall give the Israeli army ready access in and out of the town.

An orphaned town

Under the Oslo accords signed in the mid-1990s, all of Abu Dis was placed temporarily under Israeli military control, and most of it under Israel’s civil control also. That temporary status appears to have become permanent, leaving residents at the whim of hostile Israeli authorities who deny building permits and readily issue demolition orders.

The restrictions mean Abu Dis lacks most of the infrastructure one would associate with a city, let alone a capital.

Abdulwahab Sabbah, a local community activist, said: “We are now a small island of territory controlled by the Israeli army.

“Not only have we lost our schools, the hospitals we once used, our holy places, the job opportunities that the city offered. Families have been split apart too, unable to visit their relatives in Jerusalem.

“We have been orphaned. We have lost Jerusalem, our mother.”

A short drive into Abu Dis and the shell of a huge building comes into view, a reminder that the idea of an Abu Dis upgrade is not the Trump administration’s alone.

In fact, noted Mr Khatib, Israel began rebranding Abu Dis as a second “Al Quds” – the Holy City, the Arabic name for Jerusalem – in the late 1990s, after the Oslo agreement allowed Palestinian leaders to return to Gaza and limited parts of the West Bank.

The Palestinian leadership, desperate to get a foothold closer to the densely populated neighbourhoods of East Jerusalem, played along. They expected that Israel would eventually relinquish Abu Dis to full Palestinian control, allowing it to be annexed to East Jerusalem in a future peace deal.

View of al-Aqsa

In 1996 the Palestinians began work building a $4 million parliament on the side of Abu Dis closest to Jerusalem. The location was selected so that the office of the late Palestinian leader Yasser Arafat would have a view of Al Aqsa.

Reports from that time talk of Abu Dis becoming a gateway, or “safe corridor”, for West Bank Palestinians to reach the mosque. One proposal was to build a tunnel between Abu Dis and the Old City.

However, with the outbreak of hostilities in 2000 – a Palestinian intifada – work on the parliament came to a halt. The interior was never finished, and there is now no view of Al Aqsa. The parliament too is sealed off from Jerusalem by the wall.

Since then Israel has barred the Palestinian Authority from having any role in East Jerusalem.

Khalil Erekat, a caretaker, holds the key to the unused parliament. Once visitors could inspect the building, including its glass-domed central chamber. Now, he said, only pigeons and the odd stray dog or snake ventured inside.

“No one comes any more,” he added. “The place has been forgotten.”

And that, it seems, is the way Palestinian officials would prefer it. With the Trump administration mooting the town as a substitute capital, the parliament is now an embarrassing white elephant.

Requests from The National to the Palestinian authorities to visit the building were rejected on the grounds that it was no longer structurally safe.

Eyesore ghetto

Evidence of how quickly Israel has transformed Abu Dis from a rural suburb of Jerusalem into an eyesore ghetto are evident in the homes around the parliament.

A once-palatial four-storey home next door would be more in place in war-ravaged Gaza than an impending capital. Its collapsed top floors sit precariously above the rest of the structure.

Mohammed Anati, a retired carpenter aged 64, is a tenant occupying the bottom floor with his wife and three sons.

He said the destruction was carried out by the Jerusalem municipality several years ago, apparently because the upper floors were built in violation of planning rules Israeli military authorities imposed after 1967.

Neighbours speculate that, in fact, Israel was more concerned that the top of the building provided views over the wall.

Mr Anati said that, paradoxically, the Jerusalem municipality treated this small neighbourhood next to the wall as within its jurisdiction. “We have to pay council taxes to Jerusalem even though we are cut off from the city and receive no services,” he said.

Asked whether he thought Abu Dis could be a Palestinian capital, Mr Anati scoffed. “Trump will offer us the worst deal of the century,” he said. “Jerusalem has to be the capital. There is nothing of Jerusalem here since Israel built the wall.”

Only pigeons still free

Nearby, Ghassan Abu Hillel’s two-storey home presses up against the grey slabs of concrete. He said cameras on the top of the wall monitored his and his neighbours’ activities around the clock.

His family moved to this house in 1967, when he was 14 years old, and shortly before Israel occupied Abu Dis, along with the rest of the West Bank and East Jerusalem.

Until the wall was constructed, he spent his time herding sheep and goats on the surrounding hills.

Now he has had to corral then into a corner of the wall. Their improvised pen is daubed with graffiti: “Take an axe to the prison wall. Escape.”

His herd of what was once more than 200 sheep is down to barely a dozen. The animals can no longer graze out on the hills, and he cannot afford the cost of feeding them straw.

Unlike Mr Abu Hillel and the sheep, his pigeons still enjoy their freedom. “They can fly over the wall and reach Jerusalem whenever they want,” he said.

His family owned much of the land surrounding Abu Dis before 1967, he added, but almost all of it had been taken by Israel – originally on the pretext that it was needed for military purposes.

Since then, Israel has built a series of Jewish settlements on the surrounding land, including Maale Adumim, Kfar Adumim and Kedar.

In the early 1980s it also opened a landfill site to cope with the region’s waste. In 2009 the United Nations warned that toxic fumes from waste-burning and leakage into the groundwater posed a threat to local inhabitants’ health.

A bluff from Israel

Some residents are actively finding ways to break out of the isolation imposed on Abu Dis by Israel.

Mr Sabbah is a founder of the Friendship Association, which encourages exchange programmes with European students, teachers and youth clubs. His most successful project is the twinning of Abu Dis with the London borough of Camden.

Mr Sabbah’s prominent political activities may be one reason why his home – along with the local mayor’s – was one of 10 invaded in the middle of the night on September 4.

The operation had the hallmarks of what former Israeli soldiers from the whistleblowing group Breaking the Silence have termed “establishing presence” – military training exercises designed to disrupt the lives of Palestinian communities and spread fear.

Mr Sabbah is sceptical that the Abu Dis proposal by the Trump administration has been made in good faith.

“It’s a bluff,” he said. “Israel has shown through all its actions that it does not want any Palestinian state – and that means no capital, even in Abu Dis.

“It is being offered only because Israel knows no Palestinian leader could ever accept it as a capital. And that way Israel can again blame us for being the ones to reject their version of ‘peace’.”

An oasis of normality

Amid its confinement, however, Abu Dis does have one asset – a university – that now attracts thousands of young Palestinians, though it adds to overcrowding.

The main campus of the Palestinian-run Al Quds university has been operating in Abu Dis since the 1980s.

Sitting on the crossroads between the Palestinian cities of Bethlehem and Nablus to the south, Jericho to the east, and Ramallah to the north, the Abu Dis campus has grown rapidly. It has profited from the fact that West Bank Palestinians cannot access another campus of Al Quds university in East Jerusalem.

The university is enclosed and security is tight. Inside, students enjoy spacious grounds with shaded gardens, a small oasis of normality where it is possible briefly to forget the situation outside.

Nonetheless, the university is not immune from Israeli military operations either. On September 5, soldiers shut down the campus and nearby schools, as they reportedly fired tear gas, stun grenades and rubber bullets at youths.

Omar Mahmoud, aged 23, a medical student from Nablus, raised his eyebrows at the suggestion that Abu Dis could serve as the Palestinians’ capital.

“It’s fully under Israeli control,” he said. “One side there is the wall and on the other side there are Israeli settlements. There are no services and it just gets more crowded by the year.”

He has shared an apartment with other students in Abu Dis for five years. He said: “To be honest, I can’t wait to get out of here.”

• First published in The National

The First Thing We Do

We can do it the easy way or we can do it the hard way. Romania did it the hard way. Moarte criminalului, death to criminals: armed revolution, then a series of epic Mineriads, with a mild-mannered IMF gent on hand to suck them dry. I was there after the revolution, in the long hiatus between the fourth and fifth Mineriads, and I was starving until someone told us where the soccer stars dine out.

It turned out the way it was bound to, with all the world-standard requisites of responsible sovereignty: The International Bill of Human Rights, the Rome Statute, and the UN Charter. Most core human rights, in fact, and an opposition that demands individual accountability of officials and police. Constitutional change by referendum. A restive and demanding civil society that leaves and returns to their country at will and assembles in public without fear. Rights and freedoms that you can only dream of in your US police state.

It happens again and again like a series of echoes. Leon Rosselson dug up the Diggers: The club is all their law, stand up now. We had San Francisco diggers back then too. But the time was not ripe. The world had not worked out how to help struggling peoples claim their sovereignty.

Now in the burble and slosh of another impending puke, in the countercultural hinterlands of the US a former governor’s son makes a so-so whiskey called Shay’s Rebellion and sells it for a hundred dollars a fifth. He may regret reminding us of it, because it looks like we’re going to do it the hard way. The club is all their law to keep poor folk in awe, That they no vision saw to maintain such a law. At such times history crumples and new jacqueries can touch and draw strength from the many, many old ones. From Xiang Yu, Ankhmakis, the Red Eyebrows, the Yellow Turbans, the Gay Troop, the Circumcellions, the Shocho debtors, the Cudgel Warriors, the Taiping, the Red Spear Society, the Mau Mau, the Shining Path, die Wende, The Black Panther Party, the Allamuchy Tribe, or the Zapatistas…

Maybe even from Sierra Leone: the Kamajors, the RUF, the West Side Boys. Sobels, soldiers by day and rebels by night. The war set the country back 60 years. Years after the war’s end I got a thousand calories on a good day. That was my first brush with wasting, the only time I ever had a sixpack. I wouldn’t recommend it as a slimming regime or as a means of liberation. Once the diamond merchants got involved, the uprising produced a generation of child soldiers, mass dismemberment, and the old Israeli sport of cutting pregnant mothers open to bet on the sex of the fetus.1 By now the country has rejoined the world. The international community responds to armed struggle by imposing law to curb the state predation that caused it. The new law grounds human rights not in nature or in god but in our recourse to rebellion.

But Americans are mired in a brutish, backward corner of the world. Primitive legal and political doctrines hold them back. You can see it from a height on world maps, stark as the nighttime dark of North Korea viewed from orbit.

This map shows the government’s commitments to core human rights, the minimal standards of the civilized world. By this criterion, the US government is crusted at the bottom of the barrel, at about the level of Myanmar, Malaysia, or South Sudan.

This map shows whether the government lets you appeal its actions to independent international human rights experts. The US government forbids you any recourse to the outside world. Again, the US is in the cellar, sunk deep in the bottom ten per cent with North Korea, Iran, China, and some other cats and dogs.

This map is for reporting compliance. In the few cases where the US government has made a commitment, does it report as agreed in good faith? In this respect the US attains mediocrity — the middle of the pack, trailing Russia, China, Saudi Arabia, and Turkey, but more dutiful than North Korea or Iran. Solidly second-rate: under review by the Committee Against Torture, the government turned its report in five years late. This was while CIA was running their secret gulag of “black site” death camps, so they took extra time thinking how to put it nicely.

This map is pass/fail, and our government fails. The US government has failed to issue standing invitations to UN human rights experts reviewing compliance in country.

This map shows whether government meets the world standard for institutionalized human rights under independent expert supervision. Here again the US is floundering in the bottom tier, the international equivalent of Animal House. Even Myanmar can do better than that.

It looks even worse when you dig into specific issues and urgent derelictions. So to sum up, here’s your government’s report card:

Respecting your human rights: F
Giving you recourse to the outside world: F
Reporting on state human rights compliance: C-
Permitting independent human rights examination: F
Instituting independent protection of human rights: F

Apply the minimal standards of the civilized world: the US government doesn’t measure up.

If this were your kid, would you waste college money on him? Our rulers’ abject failure coexists with an odd baseless self-regard. They seem to think they’re paragons of statecraft. The example of countries that know what they’re doing seems not to be enough. Acculturation doesn’t sink in. Like any other hopeless failure, the US government needs to be expelled.

How did the US legal system spawn such a bunch of throwbacks?

Twentieth-century US legal scholars took their cues from Prussian realists of the Iron Chancellor’s day. Rudolph Von Ihering told them to subordinate individual good to social purpose, because everyone agrees, doch, freedom is craps. Our obvious, universally self-evident common purpose is what matters (those days, the Franco-Prussian war was in the back of everybody’s mind). There’s no point setting limits on the state (forget John Stuart Mill.) Ihering thought of law as Darwin in action, only a deterministic sort of Darwin that always makes the bugs turn out the same, just right (Darwin explained everything back then.) Ergo, whatever the law says is right. It all comes down to The Worthlessness of Jurisprudence as a Science, as propounded by J.H. Von Kirschmann.

US legal scholars took worthlessness to heart. They liked that Teutonic jawohling. John Chipman Gray said law is not laws, law is just what judges say. Jerome Frank said, who are we kidding, there are no rules, law’s a bunch of random verdicts. Karl Llewellyn came right out and admitted that all sorts of bureaucrats make law, not just judges. And even today we see the awkward truth of Llewellyn’s statement in the fact that any frightened cop can shoot you dead. US jurisprudence thinks your right to life is nothing but the history of timid assholes armed and dressed in jaunty blue police costumes. Hessel Yntema said that courts are merely pageants in a sort of cathartic mystery religion. To control the ill effects of sacerdotal whimsy, Yntema urged judges to strangle themselves in precedent, groping for the least common denominator of consistency in a degenerating system. We can watch this tendency erupt when US bureaucrats try to drown world-standard human rights law in every idiotic thing that any crooked judge has ever said.

American jurists facing the fundamental question — Is the state for me, or do I exist for the state? – made their choice. They decided you exist for the state. The idea that humanity is not to be used, that the state is a means to human ends and not the other way around, that’s beyond them. They expect you to be selfless in the sense that Arendt cited as the key to success for totalitarian states. Our preeminent mediocrities Benjamin Cardozo and Roscoe Pound remind you not to count on law for protection or for anything else. Law is always changing so naturally lawmakers do what they want, untrammeled by law of any sort. Especially, in practice, when law asserts your human rights. US legal theory is a conscious rejection of the free will underlying human rights. Postwar history is the story of that losing battle.

America’s absolutist furuncle came to a head whenever judges faced clandestine crime. In US v. Curtiss Wright Export Corp. (299 US 304 (1936)), the Supreme Court exempted presidents from the Tenth Amendment where “foreign or external affairs” are concerned. In upholding an indictment for clandestine gun-running in Bolivia, the court cleared the way for state secrets and covert state crime. Harding appointee George Sutherland garbled Justice Story’s nuanced concept of popular sovereignty to grant the president something called ‘complete’ sovereignty. The Supreme Court clearly appreciates the ambiguity of this hackwork, as state criminals can invoke it to silence witnesses to state crimes, keep Congress in the dark, or frame political enemies with secret evidence. Thanks to Sutherland’s slipshod logic, the illegal arms trade the case interdicted is one of CIA’s most lucrative lines of business.

Sutherland also blithely gutted Constitution Article II, Section 2, Clause 2. So much for advice and consent. If you want to cut the Senate out of treaty-making powers, just say your agreement’s not a treaty, it’s a compact. This is convenient when CIA wants to infiltrate terrorists into the US, like Andreas Strassmeir, Sivan Kurzberg, or the 200 other Israeli saboteurs of 9/11. CIA makes an eyes-only intelligence liaison agreement. It’s none of your business, it’s a compact.

Once CIA came into being, judicial groveling peaked. In deference to “intelligence services whose reports are not and ought not be published to the world,” defender of freedom Robert Jackson decided that “It would be intolerable that courts, without the relevant information, should review and perhaps nullify actions of the Executive taken on information properly held secret.” [333 U.S. 103 (1948)] Our courts have affirmed CIA’s impunity, its absolute life-and-death power, and its arbitrary rule.

The Supreme Court’s last gasp of resistance to state crime came during US aggression in Cambodia. The international community had established a Special Committee of 35 states to define aggression. The definition of aggression, UNGA (XXIX) Agenda Item 86, was set to become customary international law when Elizabeth Holtzman and Air Force dissidents asked the court to halt US bombardment of neutral Cambodia. The Supreme Court fractured with countermanding individual orders when Justice Douglas enjoined the bombing. A panicked quorum fobbed the question off onto the Second Circuit, which threw up its hands and called illegal war nonjusticiable.

In washing its hands of US aggression, the court had to stay one step ahead of their hapless forbears Josef Altstötter, et al. UNGA Resolution 2330 (XXII) was expediting work on defining aggression in light of “the present international situation.” By 1973, the situation was little Phan Thị Kim Phúc running naked screaming, “Too hot, too hot!” with burning napalm plastered to her back. The hot potato of judicial acquiescence naturally fell to Thurgood Marshall, one of America’s first black faces in the limousines. With the dignified authority of Prissy birthin’ babies, our ultimate judges held that the bombardment “may ultimately be adjudged to have been not only unwise but also unlawful.”

The court backpedaled furiously from that unnerving brush with adult responsibility. From the ensuing frenzy of judicial forelock-tugging, including United States v. Nixon, Snepp v. United States, and Haig v. Agee, CIA cherry-picked the precedent and seized on “utmost deference” as their magic words to dispel unwelcome scrutiny. Along the way Judge Robert Vance poked his nose into CIA drug trafficking and got himself blown up, and that was that.2 Now the courts know their place.

CIA’s contempt of court is now a hallowed institution. Our idea of a judge is Clarence Thomas, the comically bent speak-no-evil curio that DCI Bush placed on the bench. Prospective lawyers need someone else to look up to. More than any other US legal institution, Harvard Law School bears the burden of taking smart people and brainwashing the sense out of them. Harvard ossified the profession with the case method in the kleptocratic nadir of the Gilded Age. By the 1980s, thirty years of CIA impunity and international disgrace had made US law a laughingstock worldwide. Harvard’s dubious prestige did not protect it from the general rot. Everyone there knew Watergate hero Archibald Cox as the goon who turned a mob of unbadged cops loose on the antiwar occupiers of University Hall. It was harder to get people to perform Paper Chase pomposity. So it was probably unavoidable that Harvard slipped up and hired some smart-aleck teachers.

These were the adherents of Critical Legal Studies or CLS. They helped professors’ secretaries form unions. They called war in Grenada illegal. One of their sympathizers went so far as to sue the USA for war on Nicaragua, and not in a pliant American rubber-stamp court like the Supreme Court where you knew what would happen, but in the World Court. They helped all sorts of powerless people who got screwed by their predatory state. The ferment spawned an enemy within, a revolutionary cell of student pranksters that called itself the Counter-Hegemonic Front. Someone started a Human Rights Program at the law school, undermining frantic statist efforts to wall off human rights from US law. The CLS thinkers made mincemeat of the traditional plodders’ trade-school verities. They showed how legal slogans and nostrums make lawyers into earnest tools of a criminal state.

For youthful exuberance liberated from the soul-murdering tedium of legal regurgitation, what did the case method hacks have to offer? Nothing. While CLS partisans backed students fighting Apartheid, the old guard shooed them off to spread kumbaya coaching soccer at white Afrikaner schools. So the would-be Kingsfields did what they could. In dreary bureaucratic campaigns the old mediocrities made an example of a few of the smartest, mobbing them in meetings, writing 80-page memos of eye-glazing scholastic invidia, running to the president to get them fired in double-secret panels. Their adversaries countered by winning hearts and minds: CLS professors showed greedy student sellouts how their rigorous methods could be applied to the cynical sophistry of corporate law.

US lawyers’ indoctrination came to be policed by the Federalist Society, founded by influential legal crook Ed Meese. The society fought human rights with their thought-stopping shibboleth “treaty law.” An uneasy ideological equipoise returned as Harvard degenerated in lockstep with its statist culture. Now an unprecedented mass of undergraduate cheaters, half the class, has been admonished or sent down and let back in. The last of them have issued from their educational peristalsis, swirled in ignominy, and made it big, but now the prized foreign princelings who valued the Harvard brand as a status symbol increasingly prefer European universities, where societies are less violent and civil-law traditions are more compatible with world-standard principles of comity like human rights.3 Fewer outsiders need learn to prop up a criminal enterprise like the USA. Historian Johan Huizinga showed how the ethos of chivalry became more and more rigid in a parasitic class of knights, and a joke to everybody else. That’s happening now, worldwide, with the doctrinal absurdities of US government and law. The whole world knows your lawgivers are shitheads.

In the Human Rights Committee’s 2014 review of the US, the chair gave a remarkable summation.4 “The idea of the country being a nation of laws, not of men, is hard-wired into the state’s civic DNA.” The consummate diplomat complimented and qualified, sought common ground, then proceeded to give the US delegation a remedial lesson in basic legal reasoning and reading comprehension.

Acknowledging the US government’s “principled approach to the interpretation of treaties,” the chair said, “I hope I am not being accused of being ironic if I express difficulty in understanding what the principles are.” He then gave them basic instruction in the black-letter law of legal interpretation, introduced the relevant provisions of the Vienna Convention on the Law of Treaties, and showed them how to apply it step-by-step through “a perfectly ordinary grammatical reading,” and if confusion somehow persists, how it is to be disposed of in terms of the stated object and purpose of the treaty. What he found really troubling was the example the US set. He left implicit that if every country interpreted treaties so dishonestly, law would degenerate to nonsense.

The chair then addressed the problem of impunity for US government torturers. “One can imagine that they might not be easily prosecuted as a result of spurious legal memoranda” from officials who are themselves protected by the impunity program. “You wouldn’t have to do an international human rights law course maybe to think that such a, such legal, advice deserved some question.” His exasperation mounted as he spoke of the government’s reflex resort to its all-purpose ritual incantation, national security, and its senseless state sadism, a seeming raison d’être of “victimizing victims.” He finally confessed himself baffled: “many of my colleagues might find it as difficult as I do to even begin to comprehend.”

The US government makes a fetish of law but they don’t know what they’re talking about. They seem to think law’s some sort of Alice in Wonderland off-with-her-head arrangement. He asked them what we all want to know: You people can’t be that stupid, What’s wrong with you?

At Penn Law, with its faintly subversive milieu, they used to sell tee shirts printed with Dick the Butcher’s comprehensive program from Henry VI. His wisdom passed into US mass culture in the form of the traditional couplets known as jokes:

What do you call a thousand lawyers chained together at the bottom of the ocean?
A good start.

Indeed, we call that fat hairy corpse at Cibolo Creek Ranch a start.

c.f.5

  1. Israeli arms dealer Simon Yelnik and his ilk sent arms to Liberia. Charles Taylor paid for them with diamonds extracted from Sierra Leone. The Israel Diamond Exchange traded and exported diamonds from Taylor’s diggers. Internment camps like Mapeh functioned as a miners’ hiring hall. Other diggers were impressed as needed in the bush.
  2. When the designated bomber’s conviction collapsed in spectacular prosecutorial malfeasance, he was trundled off to Alabama’s death row for safekeeping. He was executed this past spring, preventing the sort of awkward appeals that make a nuisance of lone nuts Sirhan Sirhan and James Earl Ray.
  3. And the crucial check and balance of saisit le juge.
  4. Human Rights Committee, 110th Session: United States, Part 3, beginning at 2:28.
  5. What is the difference between a lawyer and a rooster?
    When a rooster wakes up in the morning, its primal urge is to cluck defiance.

    – anent legal whistleblowers like Coleen Rowley. The maxim applies equally to consultants. John Weed was a virtuosic nuclear effects modeler who would unwind shooting pumpkins with M1 machine guns. Salt of the earth, in short, a latter-day Wat Tyler, the best of Castle Langley’s restive peasants. He suffers from a sense of right and wrong. Transparency activist and human rights defender John Weed, we thank you for your service. You are the tip of the tip of the iceberg.

Americans Are as Spacey as Ever

The white race – and I mean Israeli, Iberian, Slovak, Anglo-Saxon, Caucasian, and the lot of us – is crazy. We do not need Susan Sontag to declare the white race as cancer on the world to ramify the point, since it’s been more than 50 years since she declared:

If America is the culmination of Western white civilization, as everyone from the Left to the Right declares, then there must be something terribly wrong with Western white civilization. This is a painful truth; few of us want to go that far. … The truth is that Mozart, Pascal, Boolean algebra, Shakespeare, parliamentary government, baroque churches, Newton, the emancipation of women, Kant, Marx, Balanchine ballets, et al., don’t redeem what this particular civilization has wrought upon the world. The white race is the cancer of human history; it is the white race and it alone—its ideologies and inventions—which eradicates autonomous civilizations wherever it spreads, which has upset the ecological balance of the planet, which now threatens the very existence of life itself.

The zenith of this insanity, of course, encompasses the world leaders of all those European nations, the UK, Australia, that demented cabal in Tel Aviv, the amazing daft of Americanos, and the entire lot who works the wormhole of destruction and continuing hollowing out with that soft shoe power of money, might and ethos that states “we don’t need no stinking ethics . . . and we kill the world at will.”

I’m working daily with homeless veterans, and the reality of what it means to have Trump or Clinton or Bernie or any of them in the leeching single party of Demons-RepubliRats running the show is that it’s a prostitute’s game of the highest order: homeless with property debts, evictions, miles and miles of contracts to pay back worthless schooling (degrees), mental health not being treated, crimes invented and prosecuted against them, endless toil in lines of bureaucracy, the trauma of substance abuse and then sobriety, the end game of just wanting to get a cheap house to call home to fortify against the constant chatter of the money launderers and repo men.

Reality is Americans in large part are broken, man, and their progeny are a hop, skip and a jump from disability classification, as each new birth is a crap-shoot of this or that physiological, genetic and mental impingement. Debilitating and lifelong scarlet letters of Double D-B-C-E at birth stitched on their Triple X sleeveless Budweiser T-shirts.

Disabled/Debt-ridden, Broken/Blank-Bankrupted, and Crippled/Corrupted, Epigenetic/ER-prone, at birth, as the psychological torturers bring to us more and more hormone-disrupting, DNA-warping, mental-draining and spiritual-tapping goods and services that have shackled us to a system of obsolescence, delusion, propaganda, and penury. We are not a united nation of anything but belief in the cartoonish ideology we are Number One and Ever-Conquering, yet the Chinese-made bombs bursting in air, hormone-drenched spare ribs, and GMO/pesticide-infused high fructose corn syrup Everything Goes Better with CocaCola on that one static day, July 4, push us to believe the lies, the big lie and the impending extinction of our own history.

Pondering the universe of delusional thinking, I am only 61, yet I feel like Rip Van Winkle, or worse, living my last third of life (if I get that lucky) inside the slipstream of human depravity on every level – from the bowels of the belly of the beast, to the syphilitic thinking of the star chamber levelers with their billions, their bots, their vision of a world tied to their modified DNA strains, existing someplace floating on ten thousand tethered space stations, near the reflection of their apple of their Dystopian eye, Mars.

A world colluding with the masters of consumption, addiction to fossil fuels, chemicals, wars, brain-barrier hacking entertainment, and the concomitant insanity of carving away species after species, while polluting precious fresh water, razing coral reefs, over-harvesting oceans, and living lifestyles where the cracked calories of cooked HomoConsumpithectus’ food and the endless pitching withdrawals of HomoRetailopithectus’ proclivity to sex, drugs, gambling, shopping, stupidity will forever shape the death of Earth’s ecosystems as we have known them up close and personal and through the bio-paleo-chemical microscopic records we have set as marching orders for our scientists and ecologists who are inevitably ignored at every turn of the Point Zero One Percent’s gluttony and narcissism.

The dream and the hope are now a requiem, lost on the flow of sperm through the epididymis, as we further unlock the barriers to a healthy society: how even the lumbering, pigsty physiology of the progenitor sperm donator HomoConsumopithectus can express the further quickening of the zygote’s snowball’s chance in hell gestating into anything but a cancer-seeded, on-the-spectrum, continual chronic fatigue syndrome child.

The number of people on planet earth – not just in the Chronic Exceptional Diseased America – with chronic illness and dripping concentration and retrograde humanity – is huge, largely tied to the superstition of  fascist religion and unending exploitation of each square acre of god’s green earth. This new normal of fear-at-birth and flagging-constitutions whereby the human race is racing away from the solutions to the disease of the mind and the pollution of land-atmosphere-air-water is not only unholy and denuding of spirit, but exactly what the Captains of Industry and Masters of the Gigabytes and Algorithms desire.

Choices, man: flipping burgers or humping backpacks in the US Military; lifetime debt for meaningless college degrees or the drudgery of working two or three jobs in the service and precarious economy; dealing into the game of American Castes or isolating in a world of addiction, pollution and surveillance?

Choices turning Americans into spies and enemies, suckers and marks, a deployed army of tens of millions ball-and-chained to the disease of fearing a worthy death in order to overthrow the powers, the militaries, and the mad men and women crafting the biggest lies since a resurrection and second coming.

Oddly, working with homeless veterans battling meth, opioids, booze, PTSD, disabilities from military service, and a cart-load of criminal convictions, I still come out daily with a sense of purpose and confidence that one man, one woman, can do something revolutionary, even in this I-Spy Sicko World of Plastic Futures. It’s the forest, not the single tree, that is diseased. The unending stupidity of the collective, whereby we allow the mighty dollar to hold sway over everything – trillions spent on the military’s implements of welfare/warfare while our collective mouths rot; the millions upon millions of babies born with birth defects and learning disabilities because we can’t muster up a collective” Hell No We Aren’t Going to Take These” chemicals sprayed on and in everything.

A study in mice conducted by researchers at Tufts University School of Medicine (TUSM) suggests that a woman’s risk of anxiety and dysfunctional social behavior may depend on the experiences of her parents, particularly fathers, when they were young. The study, published online in Biological Psychiatry, suggests that stress caused by chronic social instability during youth contributes to epigenetic changes in sperm cells that can lead to psychiatric disorders in female offspring across multiple generations.

Obese male mice and normal weight female mice produce female pups that are overweight at birth through childhood, and have delayed development of their breast tissue as well as increased rates of breast cancer.

The findings, published online June 24 in Scientific Reports by Georgetown Lombardi Comprehensive Cancer Center researchers, come from one of the first animal studies to examine the impact of paternal obesity on future generations’ cancer risk.

The researchers say they’ve found evidence that obesity changes the microRNA (miRNA) signature—epigenetic regulators of gene expression—in both the dad’s sperm and the daughter’s breast tissue, suggesting that miRNAs may carry the epigenetic information from obese dads to their daughters.

We are looking at a globe that navel gazes at these cretins – Multimillionaire Obamas, Clintons, Bush, and the deadly misanthropic billionaires club of the Gates-Bezos-Trump-Adelson- et al, and the dirty dealings of Madison Avenue, Wall Street, Holly-Dirt and the like. The attention span is square on the Tweet or the argumentative average American who will question a thousand PhDs working on climate change with his or her community college education.

So, no matter how homogenized the elites’ churned-out mush is, for instance, proclaiming how the world is so much less violent now than fifty years ago (another troll, Stephen Pinker), the reality is the white race is bent on hobbling the rest of the world with the pollution, indentured servant status, and disease creation to feed the most violent time in history of constant structural violence, mass incarceration, mass delusion, mass toxin-creating, hyper-caste generating. We are here, in a process of withering away, slowly, as this Tinhorn Country pokes holes in any common fabric the world holds sacred.

Stephen Pinker is wrong about the World of Enlightened Peoples Is Less Violent, easily beaten down here by a splendid writer:

There is something repellently absurd in the notion that war is a vice of “backward” peoples. Destroying some of the most refined civilizations that have ever existed, the wars that ravaged south-east Asia in the second world war and the decades that followed were the work of colonial powers. One of the causes of the genocide in Rwanda was the segregation of the population by German and Belgian imperialism. Unending war in the Congo has been fueled by western demand for the country’s natural resources. If violence has dwindled in advanced societies, one reason may be that they have exported it.

Then again, the idea that violence is declining in the most highly developed countries is questionable. Judged by accepted standards, the United States is the most advanced society in the world. According to many estimates the US also has the highest rate of incarceration, some way ahead of China and Russia, for example. Around a quarter of all the world’s prisoners are held in American jails, many for exceptionally long periods. Black people are disproportionately represented, many prisoners are mentally ill and growing numbers are aged and infirm. Imprisonment in America involves continuous risk of assault by other prisoners. There is the threat of long periods spent in solitary confinement, sometimes (as in “supermax” facilities, where something like Bentham’s Panopticon has been constructed) for indefinite periods – a type of treatment that has been reasonably classified as torture. Cruel and unusual punishments involving flogging and mutilation may have been abolished in many countries, but, along with unprecedented levels of mass incarceration, the practice of torture seems to be integral to the functioning of the world’s most advanced state.

Funny stuff, that which precipitates my noggin: Was reading this writer’s (Karl Schroeder) take on what it means to Escape the Default Future When Writing Science Fiction:

There’s a term that futurists use: “the default future.” The default future is what we assume is going to happen, as a matter of obvious fact. Its assumptions are so deeply ingrained that we don’t even know they’re there. For instance, current popular culture typically imagines one of just three possible future Earths: an Orwellian dystopia, a post-apocalyptic wasteland, or a space-faring urban hypercivilization.

But should we? Sharing the wealth among nine billion will be hard. In many nations, birth-rates are on the decline. Shouldn’t we encourage that trend?

Here’s a proposal: let’s get smaller. Imagine a future where the economy is increasingly automated and taps into the infinite resources of outer space; and where humanity shares a core of common goods such as Universal Basic Income, Universal Healthcare, and free education. These aren’t fantasies, they’re trends. Now add to this mix a naturally declining population that retains its genetic diversity. The formula for our future becomes: more and more wealth, divided among fewer and fewer people.

In material terms alone, the results are staggering. Imagine if your family owned Paris? Or was responsible for tending the Catskill Mountains? What does wealth mean when robotics, automation and AI mean that each person can have, not money or an income, but his or her own economy? When kids learn history by reenacting the Battle of the Somme with real robot armies? When you don’t watch movies, you have the entire story including sets, car chases and crowd scenes, played out for you by troops of android players?

And here we are, these elitists and thought experimenters, sticking their intellectual tongues out at us, the majority of us, 6 billion-plus, pontificating about a world that is less violent or one that can be depopulated for a cool million, or how better the world is with a point-zero-zero-one Percent controlling us with their flimflam ideas, their products, their tools of oppression, their war is peace simulated psycho-babble. We are subject to their whims, their marketing, and their disease-generating ideologies — arrogance, chauvinism, immorality, all things filtered through the American lens/ White Race’s Lens, that is.

So I come to the end of this screed, precipitated by the daily sin of living and working in America as my fellow Americans (sic) become more and more punch drunk crazy on their own self-admiration. But also catalyzed by some insipid article,

New archaeological research from The Australian National University (ANU) has found that Homo erectus, an extinct species of primitive humans, went extinct in part because they were ‘lazy’.

The premise is that Homo erectus failed to mine better materials to be more efficient (killers) and more widely spread-out hunters. Ironically, the fool’s errand is we as a society/ dominator civilization are absolutely lazy when it comes to our daftness around this collapsing planet, dying ecosystems and soon-to-be-extinct millions of species. Climate change and mitigating that existential crisis, which we have failed tremendously at, we have proven our Homo Sapiens ilk as both lazy and lazier than any Homo erectus that may have been eliminated by more warring and consumptive species, now,  HomoConsumpithectus.

Terms like least effort strategies and they did not have that sense of wonder we have come from this Australian anthropologist’s mouth in his dusting off of Homo erectus gathering sites.

The arrogance of this thinking, that they — Homo erectus — knew the better stone was there but decided against it because they felt they had enough adequate raw materials and decided against rarefied tool making. He goes on to say that the stone tool makers of later periods, including early Homo sapiens and Neanderthals, “who were climbing mountains to find good quality stone and transporting it over long distances,” outstripped our progenitor clan Homo erectus as survivors.

Shipton (the Aussie) states this is a failure to progress technologically, and as their environment dried out into a desert, the Homo erectus species’ population’s demise was inevitable.

Ironic, really, now as we Homo/Retail/Consumo-Sapiens have worked so hard to rape the planet and chug out toxins and greenhouse gases that we are failing more than any other past species in our line to grapple with this greenhouse gas inevitability —

The study, “Trajectories of the Earth System in the Anthropocene,” was published in the peer-reviewed journal Proceedings of the National Academy of Sciences.

As for what to do to prevent a hothouse Earth, it’s easier said than done: Decarbonize the world economy, end deforestation, improve farming techniques and promote carbon-capture technologies, among other recommendations.

This can “only be achieved and maintained by a coordinated, deliberate effort by human societies to manage our relationship with the rest of the Earth system, recognizing that humanity is an integral, interacting component of the system,” according to the study. “Humanity is now facing the need for critical decisions and actions that could influence our future for centuries, if not millennia.”

This is August 2018, and yet, my slipstream life intersects daily sometimes dozens of times with the chauvinism of partial truths, counter-intuitive stasis, collective unknowing, and frequent mistruths.

I have new ways to teach and work with this blind thinking, but in one sense, I find the white race in America log-jammed, and even around sincere and fairly robustly interested folk, there are blind sides.

Imagine, we eat apples year round. Sometimes apples in the store are 14 months old, meaning we are tricked into eating foods out of season, out of our own bio-region. Apples are picked, then warehoused away in a place where oxygen is cut back to a low percentage, the temperature is just a touch above 32 degrees, and the skins sprayed on with fungicides. The problem is that these apples lose their antioxidant power quickly —  polyphenols.

The apple is a microcosm of the entire broken system of addiction to oil, embedded energy out the roof, bad choices, and what that Australian anthropologist might want to look at sociologically by seeing his own species, and his own brethren — science and technology —  as the perpetrators of humanity’s demise. But, oh, we are a busy-busy species, making those Homo erectus die-offs look like the ultimate slackers!

Authoritarian Revocations: Australia, Terrorism and Citizenship

Contrary to any popular perceptions of Australia’s legal system, a dislike of rights reigns with pious conviction on both sides of the political aisle.  Rights are the stuff of nonsense and nuisance, revocable for those deemed undesirable. The Australian constitution, a heavily dull document, remains silent on many important liberties; the common law is relied upon to fill in gaps (think of that conjuration known as the implied constitutional right to freedom of communication on political subjects). Parliament, mystically wise, is meant to be the grand guardian.

In terms of citizenship, Australia’s parliament has been rather cavalier on the idea of citizenship, exploiting the absence of any specific reference to the term in the arid document that grants it legislative powers.  In 2015, national security considerations became the basis for legislation stripping individuals of citizenship in certain instances where terrorism was an issue.  While citizenship can be lost in certain instances common to other countries, the arbitrary revocation of citizenship via executive fiat is possible under the Citizenship Act 2007 (Cth).

The relevant minister, goes the wording of s. 35A, “may determine in writing that a person ceases to be an Australian citizen” in various instances involving convictions for certain offences, including terrorism.  But convictions might not be necessary; the minister might deem it against the public interest for the person to remain an Australian citizen. This is all made ever vaguer on the issue of what constitutes recruitment and the status of foreign fighters.  We remain at the mercy of “security” considerations.

Parliament did stop short of rendering citizens stateless, making the provisions apply to dual nationals.  But it yielded two outcomes: that the relevant minister would be effectively governed by the consideration that the Australian citizen might have citizenship of another country, however tenuous that link would be, and that any powers to deprive that person of Australian citizenship could be exercised to limited review.

This curiously venal formulation was always problematic; for one, such laws are not, specifically, “with respect to aliens” or with respect to immigration, terminology that is to be found in the constitution.

Khaled Sharrouf became the debutant to lose his Australian citizenship under the amendments, his reputation marked by a spectacularly gruesome display of images sporting his son holding a severed head.

Five Islamic State supporters can now deem themselves former Australian citizens.  Details are scant.  All it took was a decision by the Home Affairs Minister, Peter Dutton.  There was no presiding judge, nor scrutinising judicial proceeding to oversee the merits of the decision.  There was no context supplied as to what support was given to Islamic State.  “We have taken a decision that these people have been involved in serious terrorist-related activity.”  No guidelines were disclosed supporting the decision, no taxing criteria by which we could even say that these supporters should be deprived of their bit of paperwork.

Dutton admits that there was something akin to a process, but openly admits conflict zones present different challengers to the investigator.  “Obviously when you are talking about a war zone, it is a very different circumstance than a crime zone in Australia in terms of gathering evidence.”

Not that this evidentiary hurdle troubles him.  Intelligence assessments and briefings do not necessarily stand the test of a withering legal examination, but for Dutton they constitute the legal basis for alleviating individuals of their citizenship.

The issues of belonging and involvement in civic life are troubling propositions. Stripping citizenship is an announcement that the time for belonging is over.  But it is also an assertion that there is no redemption and challenge.  Like the despot’s favour, Dutton can designate individuals terrorists with capricious ease, a situation that does not broker appeal except in exceptional cases.  That very repellent, illiberal fact runs against the concept of holding an overly zealous executive to account.

All that matters for Dutton is the public safety rationale, a concept of such fuzziness it is susceptible to convenient abuse. “The determination of the Government is to try and keep Australia as safe as possible and we do that by keeping these people far from our shores so if we can deal with foreign fighters away from our shores we do that.”

Such occasions should strike fear into the citizenry of any self-respecting state.  Dutton has assumed the position of assessor, deliberator, and executor, his crude paternalism a conspicuous threat to civil liberties.  Policing roles have been fused with the judicial, the very definition of an unchecked tyrant.  Whatever the nature of those who deemed it necessary to join a cause or find solace in the organisational bosom of an officially designated terrorist group (and the options are many) the ease by which they lost their status is more than troubling.  The Magna Carta, it would seem, is a dead letter, a fact that should be a cause for lengthy mourning.