Category Archives: International Law

What the Press Hides From You About Venezuela

Introduction

This news-report is being submitted to all U.S. and allied news-media, and is being published by all honest ones, in order to inform you of crucial facts that the others — the dishonest ones, who hide such crucial facts — are hiding about Venezuela. These are facts that have received coverage only in one single British newspaper: the Independent, which published a summary account of them on January 26th. That newspaper’s account will be excerpted here at the end, but first will be highlights from its topic, the official report to the U.N. General Assembly in August of last year, which has been covered-up ever since. This is why that report’s author has now gone to the Independent, desperate to get the story out, finally, to the public:

The Covered Up Document

On 3 August 2018, the U.N.’s General Assembly received the report from the U.N. Independent Expert on the Promotion of a Democratic and Equitable International Order, concerning his mission to Venezuela and Ecuador. His recent travel through both countries focused on “how best to enhance the enjoyment of all human rights by the populations of both countries.” He “noted the eradication of illiteracy, free education from primary school to university, and programmes to reduce extreme poverty, provide housing to the homeless and vulnerable, phase out privilege and discrimination, and extend medical care to everyone.” He noted “that the Bolivarian Republic of Venezuela, and Ecuador, both devote around 70 per cent of their national budgets to social services.” However, (and here, key paragraphs from the report are now quoted):

22. Observers have identified errors committed by the Chávez and Maduro Governments, noting that there are too many ideologues and too few technocrats in public administration, resulting in government policies that lack coherence and professional management and discourage domestic investment, already crippled by inefficiency and corruption, which extend to government officials, transnational corporations and entrepreneurs. Critics warn about the undue influence of the military on government and on the running of enterprises like Petróleos de Venezuela. The lack of regular, publicly available data on nutrition, epidemiology and inflation are said to complicate efforts to provide humanitarian support.

23. Meanwhile, the Attorney General, Tarek Saab, has launched a vigorous anticorruption campaign, investigating the links between Venezuelan enterprises and tax havens, contracting scams, and deals by public officials with Odebrecht. It is estimated that corruption in the oil industry has cost the Government US$ 4.8 billion. The Attorney General’s Office informed the Independent Expert of pending investigations for embezzlement and extortion against 79 officials of Petróleos de Venezuela, including 22 senior managers. The Office also pointed to the arrest of two high-level oil executives, accused of money-laundering in Andorra. The Ministry of Justice estimates corruption losses at some US$ 15 billion. Other stakeholders, in contrast, assert that anti-corruption programmes are selective and have not sufficiently targeted State institutions, including the military.

29. Over the past sixty years, non-conventional economic wars have been waged against Cuba, Chile, Nicaragua, the Syrian Arab Republic and the Bolivarian Republic of Venezuela in order to make their economies fail, facilitate regime change and impose a neo-liberal socioeconomic model. In order to discredit selected governments, failures in the field of human rights are maximized so as to make violent overthrow more palatable. Human rights are being “weaponized” against rivals. Yet, human rights are the heritage of every human being and should never be instrumentalized as weapons of demonization.

30. The principles of non-intervention and non-interference in the internal affairs of sovereign States belong to customary international law and have been reaffirmed in General Assembly resolutions, notably [a list is supplied].

31. In its judgment of 27 June 1986 concerning Nicaragua v. United States, the International Court of Justice quoted from [U.N.] resolution 2625 (XXV): “no State shall organize, assist, foment, finance, incite or tolerate subversive, terrorist or armed activities directed towards the violent overthrow of the regime of another State, or interfere in civil strife in another State”.

36. The effects of sanctions imposed by Presidents Obama and Trump and unilateral measures by Canada and the European Union have directly and indirectly aggravated the shortages in medicines such as insulin and anti-retroviral drugs. To the extent that economic sanctions have caused delays in distribution and thus contributed to many deaths, sanctions contravene the human rights obligations of the countries imposing them. Moreover, sanctions can amount to crimes against humanity under Article 7 of the Rome Statute of the International Criminal Court. An investigation by that Court would be appropriate, but the geopolitical submissiveness of the Court may prevent this.

37. Modern-day economic sanctions and blockades are comparable with medieval sieges of towns with the intention of forcing them to surrender. Twenty-first century sanctions attempt to bring not just a town, but sovereign countries to their knees. A difference, perhaps, is that twenty-first century sanctions are accompanied by the manipulation of public opinion through “fake news”, aggressive public relations and a pseudo-human rights rhetoric so as to give the impression that a human rights “end” justifies the criminal means.

39. Economic asphyxiation policies are comparable to those already practised in Chile, the Democratic People’s Republic of Korea, Nicaragua and the Syrian Arab Republic. In January 2018, Middle East correspondent of The Financial Times and The Independent, Patrick Cockburn, wrote on the sanctions affecting Syria:

There is usually a pretence that foodstuffs and medical equipment are being allowed through freely and no mention is made of the financial and other regulatory obstacles making it impossible to deliver them. An example of this is the draconian sanctions imposed on Syria by the US and EU which were meant to target President Bashar al-Assad and help remove him from power. They have wholly failed to do this, but a UN internal report leaked in 2016 shows all too convincingly the effect of the embargo in stopping the delivery of aid by international aid agencies. They cannot import the aid despite waivers because banks and commercial companies dare not risk being penalised for having anything to do with Syria. The report quotes a European doctor working in Syria as saying that “the indirect effect of sanctions … makes the import of the medical instruments and other medical supplies immensely difficult, near impossible”.

In short: economic sanctions kill.

41. Bearing in mind that Venezuelan society is polarized, what is most needed is dialogue between the Government and the opposition, and it would be a noble task on the part of the Secretary-General of the United Nations to offer his good offices for such a dialogue. Yet, opposition leaders Antonio Ledezma and Julio Borges, during a trip through Europe to denounce the Government of the Bolivarian Republic of Venezuela, called for further sanctions as well as a military “humanitarian intervention”.

44. Although the situation in the Bolivarian Republic of Venezuela has not yet reached the humanitarian crisis threshold, there is hunger, malnutrition, anxiety, anguish and emigration. What is crucial is to study the causes of the crisis, including neglected factors of sanctions, sabotage, hoarding, black market activities, induced inflation and contraband in food and medicines. 

45. The “crisis” in the Bolivarian Republic of Venezuela is an economic crisis, which cannot be compared with the humanitarian crises in Gaza, Yemen, Libya, the Syrian Arab Republic, Iraq, Haiti, Mali, the Central African Republic, South Sudan, Somalia, or Myanmar, among others. It is significant that when, in 2017, the Bolivarian Republic of Venezuela requested medical aid from the Global Fund to Fight AIDS, Tuberculosis and Malaria, the plea was rejected, because it ”is still a high-income country … and as such is not eligible”.

46. It is pertinent to recall the situation in the years prior to the election of Hugo Chávez. 118 Corruption was ubiquitous and in 1993, President Carlos Pérez was removed because of embezzlement. The Chávez election in 1998 reflected despair with the corruption and neo-liberal policies of the 1980s and 1990s, and rejection of the gulf between the super-rich and the abject poor.

47. Participatory democracy in the Bolivarian Republic of Venezuela, called “protagónica”, is anchored in the Constitution of 1999 and relies on frequent elections and referendums. During the mission, the Independent Expert exchanged views with the Electoral Commission and learned that in the 19 years since Chávez, 25 elections and referendums had been conducted, 4 of them observed by the Carter Center. The Independent Expert met with the representative of the Carter Center in the Bolivarian Republic of Venezuela, who recalled Carter’s positive assessment of the electoral system. They also discussed the constitutional objections raised by the opposition to the referendum held on 30 July 2017, resulting in the creation of a Constitutional Assembly. Over 8 million Venezuelans voted in the referendum, which was accompanied by international observers, including from the Council of Electoral Specialists of Latin America. 

48. An atmosphere of intimidation accompanied the mission, attempting to pressure the Independent Expert into a predetermined matrix. He received letters from NGOs asking him not to proceed because he was not the “relevant” rapporteur, and almost dictating what should be in the report. Weeks before his arrival, some called the mission a “fake investigation”. Social media insults bordered on “hate speech” and “incitement”. Mobbing before, during and after the mission bore a resemblance to the experience of two American journalists who visited the country in July 2017. Utilizing platforms such as Facebook and Twitter, critics questioned the Independent Expert’s integrity and accused him of bias, demonstrating a culture of intransigence and refusal to accept the duty of an independent expert to be neutral, objective, dispassionate and to apply his expertise free of external pressures.

67. The Independent Expert recommends that the General Assembly: (g) Invoke article 96 of the Charter of the United Nations and refer the following questions to the International Court of Justice: Can unilateral coercive measures be compatible with international law? Can unilateral coercive measures amount to crimes against humanity when a large number of persons perish because of scarcity of food and medicines? What reparations are due to the victims of sanctions? Do sanctions and currency manipulations constitute geopolitical crimes? (h) Adopt a resolution along the lines of the resolutions on the United States embargo against Cuba, declaring the sanctions against the Bolivarian Republic of Venezuela contrary to international law and human rights law.

70. The Independent Expert recommends that the International Criminal Court investigate the problem of unilateral coercive measures that cause death from malnutrition, lack of medicines and medical equipment.

72. The Independent Expert recommends that, until the International Court of Justice and the International Criminal Court address the lethal outcomes of economic wars and sanctions regimes, the Permanent Peoples Tribunal, the Russell Tribunal and the Kuala Lumpur War Crimes Commission undertake the task so as to facilitate future judicial pronouncements.

On January 26th, Britain’s Independent headlined “Venezuela crisis: Former UN rapporteur says US sanctions are killing citizens“, and Michael Selby-Green reported that:

The first UN rapporteur to visit Venezuela for 21 years has told The Independent the US sanctions on the country are illegal and could amount to “crimes against humanity” under international law.

Former special rapporteur Alfred de Zayas, who finished his term at the UN in March, has criticized the US for engaging in “economic warfare” against Venezuela which he said is hurting the economy and killing Venezuelans.

The comments come amid worsening tensions in the country after the US and UK have backed Juan Guaido, who appointed himself “interim president” of Venezuela as hundreds of thousands marched to support him.

The US Treasury has not responded to a request for comment on Mr de Zayas’s allegations of the effects of the sanctions programme.

US sanctions prohibit dealing in currencies issued by the Venezuelan government. They also target individuals, and stop US-based companies or people from buying and selling new debt issued by PDVSA or the government.

The US has previously defended its sanctions on Venezuela, with a senior US official saying in 2018: “The fact is that the greatest sanction on Venezuelan oil and oil production is called Nicolas Maduro, and PDVSA’s inefficiencies,” referring to the state-run oil body, Petroleos de Venezuela, SA.

Mr De Zayas’s findings are based on his late-2017 mission to the country and interviews with 12 Venezuelan government minsters, opposition politicians, 35 NGOs working in the country, academics, church officials, activists, chambers of commerce and regional UN agencies.

The US imposed new sanctions against Venezuela on 9 March 2015, when President Barack Obama issued executive order 13692, declaring the country a threat to national security.

The sanctions have since intensified under Donald Trump, who has also threatened military invasion and discussed a coup.

Despite being the first UN official to visit and report from Venezuela in 21 years, Mr de Zayas said his research into the causes of the country’s economic crisis has so far largely been ignored by the UN and the media, and caused little debate within the Human Rights Council.

He believes his report has been ignored because it goes against the popular narrative that Venezuela needs regime change.

The then UN high commissioner, Zeid Raad Al Hussein1, reportedly refused to meet Mr de Zayas after the visit, and the Venezuela desk of the UN Human Rights Council also declined to help with his work after his return despite being obliged to do so, Mr de Zayas claimed.

Ivan Briscoe, Latin America and Caribbean programme director for Crisis Group, an international NGO, told The Independent that Venezuela is a polarising subject. … Briscoe is critical of Mr de Zayas’s report because it highlights US economic warfare but in his view neglects to mention the impact of a difficult business environment in the country. … Briscoe acknowledged rising tensions and the likely presence of US personnel operating covertly in the country.

Eugenia Russian, president of FUNDALATIN, one of the oldest human rights NGOs in Venezuela, founded in 1978 before the Chavez and Maduro governments and with special consultative status at the UN, spoke to The Independent on the significance of the sanctions.

“In contact with the popular communities, we consider that one of the fundamental causes of the economic crisis in the country is the effect that the unilateral coercive sanctions that are applied in the economy, especially by the government of the United States,” Ms Russian said.

She said there may also be causes from internal errors, but said probably few countries in the world have suffered an “economic siege” like the one Venezuelans are living under.

In his report, Mr de Zayas expressed concern that those calling the situation a “humanitarian crisis” are trying to justify regime change and that human rights are being “weaponised” to discredit the government and make violent overthrow more “palatable”….

Venezuela has the largest oil reserves in the world and an abundance of other natural resources including gold, bauxite and coltan. But under the Maduro government they’re not easily accessible to US and transnational corporations.

US oil companies had large investments in Venezuela in the early 20th century but were locked out after Venezuelans voted to nationalise the industry in 1973.

Other than readers of that single newspaper, where has the public been able to find these facts? If the public can have these facts hidden from them, then how much trust should the public reasonably have in the government, and in the news-media?

• Here is the garbage that a reader comes to, who is trying to find online Mr. de Zayas’s report on this matter:  As intended, the document remains effectively hidden to the present day. Perhaps the U.N. needs to be replaced and located in Venezuela, Iran, or some other country that’s targeted for take-over by the people who effectively own the United States Government and control the U.N.’s bureaucracy. The hiding of this document was done not only by the press but by the U.N. itself.

• On January 23rd, Germany’s Die Zeit headlined “Christoph Flügge: ‘I am deeply disturbed’: The U.N. International Criminal Court Judge Christoph Flügge Accuses Western Nations of Threatening the Independence of the Judges“. Flügge especially cited U.S. President Trump’s agent, John Bolton. That same day, the Democratic Party and Labour Party organ, Britain’s Guardian, bannered “International criminal court: UN court judge quits The Hague citing political interference“. This news-report said that, “A senior judge has resigned from one of the UN’s international courts in The Hague citing ‘shocking’ political interference from the White House and Turkey.” The judge especially criticised Bolton: “The American security adviser held his speech at a time when The Hague was planning preliminary investigations into American soldiers who had been accused of torturing people in Afghanistan. The American threats against international judges clearly show the new political climate. It is shocking. I had never heard such a threat.” Flügge said that the judges on the court had been “stunned” that “the US would roll out such heavy artillery”. Flügge told the Guardian: “It is consistent with the new American line: ‘We are No 1 and we stand above the law’.”)

• On February 6th, a former UK Ambassador to Syria vented at an alt-news site, 21st Century Wire (since he couldn’t get any of the major-media sites to publish it), “A Guide to Decoding the Doublespeak on Syria“, and he brazenly exposed there the Doublespeak-Newspeak that the U.S. Government and press (what he called America’s “frothing neocons and their liberal interventionist fellow travellers”) apply in order to report the ‘news’ about Syria. So: how can the public, in a country such as the U.S., democratically control the Government, if the government and its press are lying to them, like that, all the time, and so routinely?)

  1. Zeid Raad Al Hussein, who “reportedly refused to meet Mr de Zayas after the visit,” is Prince Zeid Raad Al Hussein, a Jordanian Prince. Jordan is a vassal-state in the U.S. empire. But Prince Hussein is a Jordanian diplomat who served as United Nations High Commissioner for Human Rights from 2014 to 2018 — hardly an unbiased or independent person in such a supposedly nonpartisan role.

Europe on the Brink of Collapse?

The Empire’s European castle of vassals is crumbling. Right in front of our eyes. But Nobody seems to see it. The European Union (EU), the conglomerate of vassals. Trump calls them irrelevant, and he doesn’t care what they think about him, they deserve to be collapsing. They, the ‘vassalic’ EU, a group of 28 countries, some 500 million people, with a combined economy of a projected 19 trillion US-dollar equivalent, about the same as the US, have submitted themselves to the dictate of Washington in just about every important aspect of life.

The EU has accepted on orders by Washington to sanction Russia, Venezuela, Iran, and a myriad of countries that have never done any harm to any of the 28 EU member states. The EU has accepted the humiliation of military impositions by NATO – threatening Russia and China with ever more and ever more advancing military basis towards Moscow and Beijing, to the point that Brussels’ foreign policy is basically led by NATO.

It was clear from the very get-go that the US sanctions regime imposed on Russia and all the countries refusing to submit to the whims and rules of Washington, directly and via the EU, was hurting the EU economically far more than Russia. This is specifically true for some of the southern European countries, whose economy depended more on trading with Russia and Eurasia than it did for other EU countries.

The ‘sanctions’ disaster really hit the fan, when Trump unilaterally decided to abrogate the “Nuclear Deal” with Iran and reimpose heavy sanctions on Iran and on “everybody who would do business with Iran”. European hydrocarbon giants started losing business. That’s when Brussels, led by Germany, started mumbling that they would not follow the US and – even – that they would back European corporations, mainly hydrocarbon giants, sticking to their contractual arrangements they had with Iran.

Too late. European business had lost all confidence in Brussels EU Administration’s feeble and generally untrustworthy words. Many breached their longstanding and, after the Nuclear Deal, renewed contracts with Iran, out of fear of punishment by Washington and lack of trust in Brussel’s protection. Case in point is the French-British petrol giant, Total, which shifted its supply source from Iran to Russia – no, not to the US, as was, of course, Washington’s intent. The damage is done. The vassals are committing slow suicide.

The people have had it. More than half of the European population wants to get out of the fangs from Brussels. But nobody asks them, nor listens to them, and that in the so-called heartland of ‘democracy’ (sic). That’s why people are now up in arms and protesting everywhere – in one way or another in Germany, France, the UK, Belgium, the Netherlands, Italy, Hungary, Poland – the list is almost endless. And it can be called generically the ‘Yellow Vests”, after the new French revolution.

The latest in a series of the US attacking Germany and German business – and German integrity, for that matter – are the US Ambassador’s, Richard Grenell, recent threats to German corporations with sanctions if they work on Nord Stream 2, the 1,200 km pipeline bringing Russian gas to Europe, to be completed by the end of 2019. It will virtually double the capacity of Russian gas supply to Europe. Instead, Washington wants Europe to buy US shale gas and oil, and especially keeping Europe economically and financially in the US orbit, avoiding in any way a detachment from Washington and preventing the obvious and logical – an alliance with Russia. This attempt will fail bitterly, as various German Ministers, including Foreign Minister Heiko Maas, have loudly and with determination protested against such US hegemonic advances. Well, friends, you have bent over backwards to please your Washington Masters for too long. It’s high time to step out of this lock-step of obedience.

In France, this past weekend of 12 / 13 January, the Yellow Vests went into round 9 of protests against dictator Macron, his austerity program and not least his abject arrogance vis-à- vis the working class. A recent public statement of Macron’s is testimony of this below-the-belt arrogance: Trop de francals n’ont pas le sens de l’effort, ce qui explique en partie les ‘troubles’ que connalt le pays”. Translated: “Too many French don’t know the meaning of ‘effort’ which explains at least partially the trouble this country is in.”

The Yellow Vests and a majority of the French population want nothing less than Macron’s resignation. Protesters are consistently and largely under-reported by Christophe Castaner, the French Interior Minister. This past weekend the official figure was 50,000 demonstrators, countrywide, when in reality the figure was at least three times higher. The official French version would like the public at large, inside and outside of France, to believe that the Yellow Vest’s movement is diminishing. It is not. To the contrary, they are demonstrating all over France, and that despite the Macron regime’s increasing violent repression.

RT reports on Macron’s orders the police are becoming more violent, using military suppression to control protesting French civilians. Thousands have been arrested, and hundreds injured by police brutality. Nevertheless, the movement is gaining massive public support and the ‘Yellow Vests” idea is spreading throughout Europe. This spread is, of course, hardly reported by the mainstream media.

In fact, 80% of the French back the Yellow Vests and their idea of a Citizen Initiated Referendum (RIC for “Référendum d’initiative citoyenne”), under which citizens could propose their own laws that would then be voted on by the general public. The RIC could effectively bypass the French Parliament, and would be enshrined in the French Constitution. A similar law exists since 1848 in Switzerland and is regularly applied by Swiss citizens. It is a way of Direct Democracy that any country calling itself a “democracy” should incorporate in its Constitution.

The UK is in shambles. Thousands are taking to the streets of London, organized by the People’s Assembly Against Austerity”, calling for general elections to replace the failing Tory Government. They are joined by the French Gilets Jaunes (Yellow Vests), out of solidarity. Many of the UK protesters are also wearing high-visibility yellow vests.

This is in direct correlation with the ever-growing louder debacle over BREXIT – yes, or no and how. At this point nobody knows what Britain’s future is going to be. Propaganda and counter-propaganda is destined to further confuse the people and confused people usually want to stick to the ‘status quo’. There is even a movement of pro “remain” propaganda, organized by some members of the European Parliament. Imagine! Talking about sovereignty, if Brussels cannot even leave the Brits alone to decide whether they want to continue under their dictate or not.

Hélas, the Brits are largely divided, but also past the stage of being swayed by foreign propaganda, especially in this delicate question of leaving the EU – which a majority of Brits clearly decided in June 2016. Prime Minister, Theresa May, has screwed-up the BREXIT process royally, to the point where many Brits feel that what she negotiated is worse than “no deal”. This has likely happened in close connivance with the unelected EU ‘leadership’ which does not want the UK to leave and under strict orders from Washington which needs the UK in its crucial role as a US mole in the European Union.

On 15 January 2019, the UK Parliament voted on whether they accept the negotiated BREXIT conditions, or whether they prefer a ‘no deal’ BREXIT, or will request an extension for further negotiations under Article 50 of the “Treaty of Lisbon” (which was imposed by the heads of state of the 28 members, without any public vote, and is a false stand-in for a EU Constitution). Ms. May’s proposal was largely rejected by the British Parliament, but her Government survived a subsequent vote of “No Confidence”.

Now, the situation for the a divided British population is chaos. So far nobody knows, probably not even Ms. May, what will follow next. There are various options, including ‘snap’ elections, and let the new PM decide, a new “remain or exit” referendum that would not go down well with probably the majority of the population – or simply a vote to in Parliament for a “no deal Brexit”, or to stay in the EU after all.

For weeks, the Yellow Vest movement has spread to Belgium and The Netherlands. For similar reasons – public discontent over austerity, EU dictatorship over Belgian and Dutch sovereignty. Last Friday, one of the Belgian Yellow Vests was overrun by a truck and killed. Authorities reported it as an accident.

Greece — The MS-media report all is ‘donkey-dory’, Greece is recovering, has for the first time in many years a positive growth rate and is able to refinance herself on the open capital market. Greece is no longer dependent on the irate and infamous troika (European Central Bank – ECB, European Commission and IMF). Reality is completely different, as about two thirds of the Greek population are still hovering around or below the survival level – no access to public health care, affordable medication, public schools – umpteen times reduced pensions, most public assets and services privatized for a pittance. Nothing has fundamentally changed in the last years, at least not for the better and for the majority of the people. The troika has allowed the Greek to go to the private capital markets – to boost falsely their, the Greek’s, image among the international public at large, basically telling the brainwashed populace, “It worked, we, the troika, did a good job”.

Nothing worked. People are unhappy; more than unhappy, they are indignant. They demonstrated against Angela Merkel’s recent visit to Athens, and their protests were violently oppressed by police forces. What do you expect? This is what has become of Europe, a highly repressive state of spineless vassals.

On Wednesday, 16 January, the Greek Parliament may hold a Vote of Confidence against or for Prime Minister Alexis Tsipras. The official and make-believe reason is supposedly the controversy over the name of Macedonia, which, in fact, has long been settled. The real reason is the public’s discontent about the continuous and increasing blood-letting by never-ending austerity, sucking the last pennies from the poor. According to Lancet, the renowned British health journal, the Greek suicide rate is soaring. Nobody talks about it. Will Tsipras survive a possible Vote of Confidence? If not, early elections? Who will follow Tsipras? Don’t be fooled by the term ‘democracy’.  The elite from within and without Greece will not allow any policy changes. That’s when people à la Gilets Jaunes (Yellow Vests) may come in. Civil unrest. Enough is enough.

In Italy the coalition of the 5-Star Movement and the small right-wing brother, Lega Norte, is pulled to the far right by Lega’s Matteo Salvini, Deputy Prime Minister and Interior Minister. Mr. Salvini is clearly calling the shots, and his alliance is firing strongly against Brussels and with good reason, as Brussels is attempting to impose rules on Italy’s budget, while the same rules do not apply equally to all EU member states. For example, Macron, France’s Rothschild implant, has special privileges, as far as budget overrun margins are concerned. Mr. Salvini’s anti-Brussels, anti-EU stance is no secret, and he has a lot of Italians behind him. An Italian Yellow Vest movement cannot be excluded.

The empire’s vassal castle is crumbling and not even silently.

Then there are the former Soviet satellites, Hungary and Poland, turned right wing – don’t appreciate Brussels meddling with Hungary’s anti-immigration policy and in Poland over a controversial overhaul of the Judiciary system. Never mind whether you agree or not with individual country actions. Both cases are clear interferences in these nations’ sovereignty. Though upon the European Court of Justice’s strong warning, Poland indeed blinked and reinstated the judges fired in the judiciary reform process. Poland’s love for NATO, and Brussels use of the NATO leverage, may have played a role in Poland’s reversal of decision. Nevertheless, discontent in Poland as in Hungary among the public at large remains strong. Migration and the Judiciary are just the visible pretexts. The legendary tip of the iceberg. Reality is on a deeper level, much deeper. These countries are both reminded of what they considered the Soviet Union’s handcuffs. “Freedom” is not being dictated by Brussels.

The triad of systematic and willful destabilization and destruction of what we know as the Greater Middle East and western world is what we have to be aware of. The east, mostly Russia and China, is a challenge being tackled simultaneously, impressively for the brainwashed westerner, but rather meekly for those who are informed about Russia’s and China’s military might and intelligence capacity.

This drive of destabilization cum destruction comes in three phases. It started with the Middle East which for the most part has become a hopeless hell-hole, a source of indiscriminate killing by the western allies, say, the emperor’s puppets and mercenaries, resulting in millions killed and in an endless flood of refugees destabilizing Europe – which is the second phase of the triad. It’s in full swing. It happens right in front of our eyes, but we don’t see it.

It’s the Yellow Vests, austerity, increasing inequality, unemployment, social sector’s being milked to zilch by the financial system, popular uprisings’ oppression by police and military forces; it’s reflected by the dismal powerlessness of the people that leads to “enough is enough” in the streets. That’s the way it’s all wanted. The more chaos the better. People in chaos are easily controlled.

Now comes phase three of the triad – Latin America. It has already started three or four years back. Countries that have struggled for decades to eventually break loose with some form of ‘democracy’ from the fangs of empire, are gradually being subdued with fake elections and ‘internal’ parliamentary coups, back into the emperor’s backyard. The Southern Cone – Argentina, Chile, Brazil, Uruguay, Paraguay – is ‘gone’, except for Bolivia. Peru, Colombia, Ecuador all the way to Guyana are governed by neoliberal, even neo-nazi-shaded Lords of Washington. But there is still Venezuela, Cuba, Nicaragua and now also Mexico that have not caved in and will not cave in.

In an extraordinary analysis, Thierry Meyssan describes in “The Terrible Forthcoming Destruction of the Caribbean Basin” –  how the Pentagon is still pursuing the implementation of the Rumsfeld-Cebrowski plan, this time aiming at the destruction of the “Caribbean Basin” States. There is no consideration for friends or political enemies, Thierry Meyssan observes. He goes on predicting that after the period of economic destabilization and that of military preparation, the actual operation should begin in the years to come by an attack on Venezuela by Brazil (supported by Israel), Colombia (an ally of the United States) and Guyana (in other words, the United Kingdom). It will be followed by others, beginning with Cuba and Nicaragua, the ‘troika of tyranny’, as per John Bolton.

Only the future will say to what extent this plan will be implemented. At the outset, its ambitions exceed the crumbling empire’s actual capacity.

When it comes all down to one single denominator, it’s the current western financial system that must go. It is private banking gone berserk. We are living in a financial system that has gone wild and running havoc, uncontrolled – a train of endless greed that is loosely speeding ahead and doesn’t know when it will hit an unyielding steel-enforced brick wall – but hit it will. It is a mere question of time. People are sick and tired of being milked no end by a fraudulent pyramid system constructed by the US and her dollar hegemony and maintained by globalized private banking.

We are living in a private banking system that has nothing to do with economic development, but everything with a greed-driven domination of us, consumers, sold on debt and on money that we don’t control, despite the fact that we earned it with our hard labor; despite the fact that it is our added value to what we call the economy. No!  This system is totally disrespectful of the individual.  It is even ready to steal our money, if it needs to survive – our banking system. It takes the liberty of “administering” it and basically appropriating it. Once our money is in a private bank, we have lost control over it. And mind you and get it into your brains, private banks do not work for you and me, but for their shareholders. But through hundreds of years of indoctrination, we have become so used to it, that being charged interest for borrowing our own money, through an intermediary who does nothing, absolutely nothing but wait for profit to fall into its lap, has become the ‘normality’.

It isn’t. This system has to be abolished, the faster the better. Private banking needs to be eradicated and replaced by local public banking that works with local currencies, based on local economic output, way removed from globalized concepts that help steal resources, empty local social safety nets – all under the guise of austerity for progress. We should know better by now. There is no austerity for progress, has never been. This fraudulent IMF-World Bank concept has never worked, anywhere.

We have to de-dollarize our money, de-digitize our money and pool it through a public banking system for the purpose of people’s growth, hence a society’s or nation’s growth. There is currently one good example, the Bank of North Dakota. The BND has helped the US State of North Dakota through the 2008 and following years crisis, with economic growth instead of economic decline, with almost full employment, versus skyrocketing unemployment in the rest of the US and the western world. We need to build our common wealth with sovereign money, backed by our sovereign economies.

As the empire and its vassals are crumbling badly, they are shaking in their foundations, it is time to rethink what we have been taking for granted and for ‘normal’ – a fraudulent and deceptive monetary system, backed by nothing, no economy, not even gold – we are living on sheer fiat money, made by private banking by a mouse-click – and by letting us be enslaved by debt.

Enough is enough. The Yellow Vests have understood. They want to get rid of their “Macron” who keeps propagating the fraud. It is time to rethink and restart, as the crumbling is getting louder and louder. Empire’s European vassal state is falling apart and will pull Washington and its hegemonic war and money machine along into the abyss.

• First published by the New Eastern Outlook – NEO

A Question Every American Must Confront: Apartheid Israel or US Democracy?

Bahia Amawai is a US citizen and Texas-based language specialist who helps autistic and speech-impaired children overcome their impairment.

Despite the essential and noble nature of her work, she was fired by the Pflugerville Independent School District, which serves the Austin area.

Every year, Amawai signs an annual contract that allows her to carry on with her tasks uninterrupted. This year, however, something changed.

Shockingly, the school district has decided to add a clause to the contract that requires teachers and other employees to pledge not to boycott Israel ‘during the term of their contract.’

The ‘oath’ is now part of Section 2270.001 of the Texas Government Code, and it is stated in the contract with obvious elaboration so as those wishing to work, or keep their jobs with the Texan government find no loophole to avoid its penalties:

“‘Boycott Israel’ means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in Israeli-controlled territory ..”

The fact that Texas considers unacceptable even the boycott of businesses operating in the illegal Jewish settlements in the Occupied West Bank puts it at odds with international law, and, subsequently with the vast majority of the international community.

But don’t rush to judgment yet, condemning Texas for being the infamous and stereotypical ‘wild west’, as portrayed even in the United States’ own media. Indeed, Texas is but a small facet in a massive American government campaign aimed at stifling freedom of speech as enshrined in its country’s own constitution.

25 US states have already passed anti-boycott of Israel legislation, or have issued executive orders targeting the boycott of support networks, while other states are in the process of following suit.

At a federal government level, the Congressional Israel Anti-boycott Act, which is being received with enthusiasm among US legislators, vows to fine and imprison those who boycott Israel.

While there is strong civil society opposition to such obvious violations of the basic tenets of freedom of speech, the pro-Israel campaigners are unhinged.

Texas – which has passed and enacted laws criminalizing support for the boycott of Israel, as championed by the Palestinian Civil Society Boycott, Divestment and Sanctions movement (BDS) – continues to lead the way for other states.

In the Texan town of Dickinson, which was devastated by hurricane Harvey last year, hurricane victims were asked to sign a pledge not to boycott Israel in exchange for life-saving humanitarian aid.

It must have been a complete shock for displaced residents of the town to learn that the meager supplies they were about to receive hinged on their support of the far-right government of Israeli Prime Minister Benjamin Netanyahu.

But this is the sad state of democracy in the US at the moment, where the interests of a relatively small, distant country are made the centerpiece of US government policies, at home or abroad.

Israel’s wealthy supporters are working hand in hand with Israel’s influential lobby groups in Washington DC, but also at state, and even city levels to make the boycott of Israel punishable by law.

Many US politicians are answering the unreasonable lobby call of criminalizing political dissent throughout the country. While in reality many of them could care less or even truly understand the nature of the debate concerning BDS, they are willing to go the extra mile (as in violating the sanctity of their own democratic system) to win lobby favors, or to, at least avoid their wrath.

The anti-BDS campaign started in the US in earnest a few years ago, and, unlike BDS’ own tactics, it avoided grassroot efforts, focusing instead on quickly creating an official body of legal work that places boycotters of Israel in the dock.

Although the hastily composed legal language has been bravely challenged, and, at times, reversed altogether by civil society lawyers and organizations, the Israeli strategy has managed to place BDS supporters on the defensive.

That limited success can be accredited to powerful friends of Israel who have generously and forcefully responded to Tel Aviv’s war drums.

Las Vegas gambling mogul, Sheldon Adelson, took the helm of leadership. He moved into action, establishing the “Maccabee Task Force”, which raised millions of dollars to fight against what Israeli officials define as an existential threat to Israel and the delegitimization of the country as a “Jewish state.”

A major strategy that the Israeli camp has advanced in the discussion is the misleading notion that BDS calls for the boycott of Jews, as opposed to the boycott of Israel as a state that violates international law and numerous United Nations resolutions.

A country that practices racism as a matter of course, defends racial segregation and builds apartheid walls deserves nothing but complete boycott. That is the minimal degree of moral, political and legal accountability considering that the US, as with other countries, are obligated to honor and respect international law in that regard.

The US, however, encouraged by the lack of accountability, continues to behave in the same manner as countries that Washington relentlessly attacks for their undemocratic behavior and violation of human rights.

If such bizarre happenings – firing teachers and conditioning aid on taking a political stance – took place in China, for example, Washington would have led an international campaign condemning Beijing’s intransigence and violation of human rights.

Many Americans have yet to fathom how the United States’ submission to Israel’s political will is affecting their everyday life. But with more and more such legal restrictions, even ordinary Americans will soon find themselves fighting for basic political rights that, like Bahia Amawai, they have always taken for granted.

Sure, Israel may have succeeded in coercing some people not to openly vow support of BDS, but it will eventually lose this battle as well.

Muffling the voices of civil society rarely works over long periods of time, and the anti-BDS campaign, now penetrating the very heart of US government, is bound to eventually resurrect a nationwide conversation.

Is protecting Israeli Apartheid more important to Americans than preserving the fundamental nature of their own democracy?

That is a question that every American, regardless of how they feel about a supposedly distant Middle Eastern conflict, must answer, and urgently so.

A World Federation

With law shall our land be built up, but with lawlessness laid waste.

— Njal’s Saga, Iceland, c 1270 AD

The present United Nations Charter

After the unspeakable horrors of World War II, delegates from 50 Allied nations met in San Francisco California. The purpose of the conference, which took place between 25 April and 26 June, 1945, was to set up an international organization that would be able to abolish the institution of war. However, the Charter which the delegates produced was too weak to achieve this goal.

In many respects the United Nations has been highly successful. During the 73 years that have passed since its establishment, a world war has been avoided. The agencies of the United Nations, such as the World Health Organization, the Food and Agricultural Organization, UNESCO and the IPCC, have provided urgently-needed services to the international community. The Universal Declaration of Human Rights, and the Millennium Development Goals have set up norms towards which we can and should aim. Further-more, the UN has provided a place where representatives from many nations can meet for informal diplomacy, through which many dangerous conflicts have been avoided.

Nevertheless, the United Nations, with its present Charter, has proved to be too weak to achieve the purpose for which it was established – the complete abolition of the institution of war. If civil wars are included, there are, on any given day, an average of 12 wars somewhere in the world. The task of abolishing war has become extremely urgent since the advent of thermonuclear weapons. The danger that these weapons will be used, through accident, technical or human error, or through uncontrollable escalation of a war with conventional weapons, poses an existential threat to human civilization and the biosphere.

The Russell-Einstein Manifesto of 1955 described our present situation in the following words:

Here then is the problem that we present to you, stark and dreadful and inescapable: Shall we put an end to the human race, or shall mankind renounce war?… There lies before us, if we choose, continual progress in happiness, knowledge and wisdom. Shall we, instead, choose death because we cannot forget our quarrels? We appeal as human beings to human beings: Remember your humanity, and forget the rest. If you can do so, the way lies open to a new Paradise; if you cannot, there lies before you the risk of universal death.

Why call war an “institution”?

Because the world spends almost two thousand billion dollars each year on armaments, it follows that very many people make their living from war. This is the reason why it is correct to speak of war as a social institution, and also the reason why war persists, although everyone realizes that it is the cause of much of the suffering that inflicts humanity. We know that war is madness, but it persists. We know that it threatens the future survival of our species, but it persists, entrenched in the attitudes of historians, newspaper editors and television producers, entrenched in the methods by which politicians finance their campaigns, and entrenched in the financial power of arms manufacturers, entrenched also in the ponderous and costly hardware of war, the fleets of warships, bombers, tanks, nuclear missiles and so on.

Military-industrial complexes, throughout the world, drive and perpetuate the institution of war. Each military-industrial complex involves a circular flow of money. The money flows like the electrical current in a dynamo, driving a diabolical machine. Money from immensely rich corporate oligarchs buys the votes of politicians and the propaganda of the mainstream media. Numbed by the propaganda, citizens allow the politicians to vote for obscenely bloated military budgets, which further enrich the corporate oligarchs, and the circular flow continues.

A World Federation

In order to save the world from destruction in a thermonuclear World War III, the United Nations Charter must be reformed and strengthened. At present, the UN is a confederation of absolutely sovereign nation-states. But in a world of all-destroying modern weapons, instantaneous global communication, and economic interdependence, the absolutely sovereign nation-state has become a dangerous anachronism.

Furthermore, history has shown confederations to be fatally weak. For example, the original United States Constitution was a confederation; but it soon became apparent that this form of governance was too weak. Instead, a federation was needed. In his Federalist Papers, Alexander Hamilton wrote:

To coerce the states is one of the maddest projects that was ever devised… Can any reasonable man be well disposed towards a government which makes war and carnage the only means of supporting itself, a government that can exist only by the sword? Every such war must involve the innocent with the guilty. The single consideration should be enough to dispose every peaceable citizen against such government… What is the cure for this great evil? Nothing, but to enable the… laws to operate on individuals, in the same manner as those of states do.

George Mason, one of the drafters of the Federal Constitution, believed that “such a government was necessary as could directly operate on individuals, and would punish those only whose guilt required it”, while another drafter, James Madison, wrote that the more he reflected on the use of force, the more he doubted “the practicality, the justice and the efficacy of it when applied to people collectively, and not individually.”

At present, the United Nations attempts to coerce states through sanctions; but sanctions are a form of collective punishment, and collective punishment is expressly forbidden by the Geneva Conventions. The worst effects of sanctions are usually felt by the weakest and least guilty of the citizens, while the guilty leaders are usually unaffected. Besides being a violation of the Geneva Conventions, sanctions are ineffective, their only effect being to unite the people of a country behind its guilty leaders.

The success of federations

A federation is a union of organizations to which specific powers are granted, all other powers being retained by the sub-units. Historically, federations have proved to be highly successful and durable.

Besides political federations, many other kinds exist, examples being Universal Postal Union, established by the Treaty of Bern in 1874, and the International Tennis Federation (ITF), founded in 1913.

Examples of political federations include the European Union, the Federal Republic of Germany, the Swiss Federation, the Russian Federation, the Federal Government of the United States, and the governments of Australia and Brazil.

Laws binding on individuals

In general, political federations have the power to make laws which are binding on individuals, thus avoiding the need to coerce their member states. An effective World Federation would need to have the power to make laws that act on individuals. The International Criminal Court is an important step towards the establishment of a system of international law that acts on individuals rather than on states, and the ICC deserves our wholehearted support.

Greatly increased financial support for the UN

A very important step towards strengthening the United Nations would be to give it at least 50 times the financial support that it has today. At present the entire yearly budget of the UN is only 2.7 billion US dollars, a ridiculously low figure, considering the organization’s duty to ensure peace, law. human rights, social justice, respect for the environment, human health, and a safe food supply for the entire world. If the financial support of the United Nations could be greatly increased, its agencies could perform their vitally important duties much more effectively. This would give the UN increased prestige and authority, and the UN would thus be better able to resolve political disputes.

Various methods for increasing the money available to the UN have been proposed. For example, James Tobin, who was Sterling Professor of Eco-nomics at Yale University, and Nobel Laureate in Economics, proposed that international currency transactions be taxed at a small fraction of a percent. He believed that even this extremely small tax would make exchange rates much more stable. When asked what should be done with the proceeds of the tax, Tobin added, almost as an afterthought, “Give it to the United Nations”. In fact, the volume of international currency transactions is so enormous that even the tiny tax proposed by Tobin would be sufficient to solve all the UN’s financial problems.

A standing UN Emergency Force

The United Nations is often called on to act quickly in emergency situations, an example being the call for the UN to stop the Rwandan genocide. It would be helpful if the UN had a standing armed force which could act quickly in such emergency situations. The force could consist of volunteers from around the world, pledged to loyalty to humanity as a whole, rather than loyalty to any nation.

A reformed voting system

In the present UN General Assembly, each nation is given one vote regardless of size. This means that Monaco, Liechtenstein, Malta and Andorra have as much voting power as China, India, the United States and Russia combined. For this reason, UN resolutions are often ignored.

The voting system of the General Assembly should be reformed. One possible plan would be for final votes to be cast by regional blocks, each block having one vote. The blocks might be. 1) Latin America 2) Africa 3) Europe 4) North America 5) Russia and Central Asia 6) China 7) India and Southeast Asia 8) The Middle East and 9) Japan, Korea and Oceania.

In a reformed, democratized and possibly renamed Security Council, the veto power would be absent, and final votes would be taken between regions of roughly equal populations.

Hope for the future

Can we abolish the institution of war? Can we hope and work for a time when the terrible suffering inflicted by wars will exist only as a dark memory fading into the past? I believe that this is really possible. The problem of achieving internal peace over a large geographical area is not insoluble. It has already been solved. There exist today many nations or regions within each of which there is internal peace, and some of these are so large that they are almost worlds in themselves. One thinks of China, India, Brazil, the Russian Federation, the United States, and the European Union. Many of these enormous societies contain a variety of ethnic groups, a variety of religions and a variety of languages, as well as striking contrasts between wealth and poverty. If these great land areas have been forged into peaceful and cooperative societies, cannot the same methods of government be applied globally?

Today, there is a pressing need to enlarge the size of the political unit from the nation-state to the entire world. The need to do so results from the terrible dangers of modern weapons and from global economic interdependence. The progress of science has created this need, but science has also given us the means to enlarge the political unit: Our almost miraculous modern communications media, if properly used, have the power to weld all of humankind into a single supportive and cooperative society.

We live at a critical time for human civilization, a time of crisis. Each of us must accept his or her individual responsibility for solving the problems that are facing the world today. We cannot leave this to the politicians. That is what we have been doing until now, and the results have been disastrous. Nor can we trust the mass media to give us adequate public discussion of the challenges that we are facing. We have a responsibility towards future generations to take matters into our own hands, to join hands and make our own alternative media, to work actively and fearlessly for better government and for a better society.

We, the people of the world, not only have the facts on our side; we also have numbers on our side. The vast majority of the world’s peoples long for peace. The vast majority long for abolition of nuclear weapons, and for a world of kindness and cooperation, a world of respect for the environment.

No one can make these changes alone, but together we can do it. Together, we have the power to choose a future where international anarchy, chronic war and institutionalized injustice will be replaced by democratic and humane global governance, a future where the madness and immorality of war will be replaced by the rule of law.

We need a sense of the unity of all mankind to save the future, a new global ethic for a united world. We need politeness and kindness to save the future, politeness and kindness not only within nations but also between nations.

To save the future, we need a just and democratic system of international law; for with law shall our land be built up, but with lawlessness laid waste.

A freely downloadable book

A new 418-page book entitled A World Federation may be downloaded and circulated gratis from the following link

Why Is Israel Afraid of Khalida Jarrar?

When Israeli troops stormed the house of Palestinian parliamentarian and lawyer, Khalida Jarrar, on April 2, 2015, she was engrossed in her research. For months, Jarrar had been leading a Palestinian effort to take Israel to the International Criminal Court (ICC).

Her research on that very evening was directly related to the kind of behavior that allows a group of soldiers to handcuff a respected Palestinian intellectual, throwing her in jail with no trial and with no accountability for their action.

Jarrar was released after spending over one year in jail in June 2016, only to be arrested once more, on July 2, 2017. She remains in an Israeli prison.

On October 28 of this year, her ‘administrative detention’ was renewed for the fourth time.

There are thousands of Palestinian prisoners in Israeli jails, most of them held outside the militarily Occupied Palestinian Territories, in violation of the Fourth Geneva Convention.

However, nearly 500 Palestinians fall into a different category, as they are held without trial, detained for six-month periods that are renewed, sometimes indefinitely, by Israeli military courts with no legal justification whatsoever. Jarrar is one of those detainees.

Jarrar is not beseeching her jailers for her freedom. Instead, she is keeping busy educating her fellow female prisoners on international law, offering classes and issuing statements to the outside world that reflect not only her refined intellect, but also her resolve and strength of character.

Jarrar is relentless. Despite her failing health – she suffers from multiple ischemic infarctions, hypercholesterolemia and was hospitalized due to severe bleeding resulting from epistaxis – her commitment to the cause of her people did not, in any way, weaken or falter.

The 55-year-old Palestinian lawyer has championed a political discourse that is largely missing amid the ongoing feud between the Palestinian Authority’s largest faction, Fatah, in the Occupied West Bank and Hamas in besieged Gaza.

As a member of the Palestine Legislative Council (PLC) and an active member within the Popular Front for the Liberation of Palestine (PFLP), Jarrar has advocated the kind of politics that is not disconnected from the people and, especially, from the women who she strongly and uncompromisingly represents.

According to Jarrar, no Palestinian official should engage in any form of dialogue with Israel, because such engagement helps legitimize a state that is founded on genocide and ethnic cleansing, and is currently carrying out various types of war crimes; the very crimes that Jarrar tried to expose before the ICC.

Expectedly, Jarrar rejects the so-called ‘peace process’, a futile exercise that has no intention or mechanism that is aimed at “implementing international resolutions related to the Palestinian cause and recognizing the fundamental rights of the Palestinians.”

It goes without saying that a woman with such an astute, strong position, vehemently rejects the ‘security coordination’ between the PA and Israel, seeing such action as a betrayal to the struggle and sacrifices of the Palestinian people.

While PA officials continue to enjoy the perks of ‘leadership’, desperately breathing life into a dead political discourse of a ‘peace process’ and a ‘two state solution’, Jarrar, a Palestinian female leader with a true vision, subsists in HaSharon Prison. There, along with dozens of Palestinian women, she experiences daily humiliation, denial of rights and various types of Israeli methods aimed at breaking her will.

But Jarrar is as experienced in resisting Israel as she is in her knowledge of law and human rights.

In August 2014, as Israel was carrying out one of its most heinous acts of genocide in Gaza – killing and wounding thousands in its so-called ‘Protective Edge’ war – Jarrar received an unwelcome visit by Israeli soldiers.

Fully aware of Jarrar’s work and credibility as a Palestinian lawyer with an international outreach – she is the Palestine representative in the Council of Europe – the Israeli government unleashed their campaign of harassment, which ended in her imprisonment. The soldiers delivered a military edict ordering her to leave her home in al-Bireh, near Ramallah, for Jericho.

Failing to silence her voice, she was arrested in April the following year, beginning an episode of suffering, but also resistance, which is yet to end.

When the Israeli army came for Jarrar, they surrounded her home with a massive number of soldiers, as if the well-spoken Palestinian activist was Israel’s greatest ‘security threat.’

The scene was quite surreal, and telling of Israel’s real fear – that of Palestinians, like Khalida Jarrar, who are able to communicate an articulate message that exposes Israel to the rest of the world.

It was reminiscent of the opening sentence of Franz Kafka’s novel, The Trial: “Somebody must have made a false accusation against Joseph K., for he was arrested one morning without having done anything wrong.”

Administrative detention in Israel is the re-creation of that Kafkaesque scene over and over again. Joseph K. is Khalida Jarrar and thousands of other Palestinians, paying a price for merely calling for the rights and freedom of their people.

Under international pressure, Israel was forced to put Jarrar on trial, levying against her twelve charges that included visiting a released prisoner and participating in a book fair.

Her other arrest, and the four renewals of her detention, is a testament not just to Israel’s lack of any real evidence against Jarrar, but for its moral bankruptcy as well.

But why is Israel afraid of Khalida Jarrar?

The truth is, Jarrar, like many other Palestinian women, represents the antidote of the fabricated Israeli narrative, relentlessly promoting Israel as an oasis of freedom, democracy and human rights, juxtaposed with a Palestinian society that purportedly represents the opposite of what Israel stands for.

Jarrar, a lawyer, human rights activist, prominent politician and advocate for women, demolishes, in her eloquence, courage and deep understanding of her rights and the rights of her people, this Israeli house of lies.

Jarrar is the quintessential feminist; her feminism, however, is not mere identity politics, a surface ideology, evoking empty rights meant to strike a chord with western audiences.

Instead, Khalida Jarrar fights for Palestinian women, their freedom and their rights to receive proper education, to seek work opportunity and to better their lives, while facing tremendous obstacles of military occupation, prison and social pressure.

Khalida in Arabic means “immortal”, a most fitting designation for a true fighter who represents the legacy of generations of strong Palestinian women, whose ‘sumoud’ – steadfastness – shall always inspire an entire nation.

The Anti-War Autumn Is Here

Last weekend, we participated in the Women’s March on the Pentagon, a successful action designed to build on the women-led movement against militarism and imperialism. Cindy Sheehan, who called for the march, stated explicitly that this was not a get out the vote event, as the last Women’s March was, and condemned both major parties for their support of war and militarism. She explained that war is a women’s issue because of the rape, violence, displacement and murder of women in countries that are occupied by military forces.

We have been referring to this fall as the Antiwar Autumn as there have been and will be many activities opposing war. This is a critical time to rebuild the peace movement because US foreign policy is headed in a dangerous direction by antagonizing the great powers, Russia and China, as well as continuing military and economic war in the Middle East and Latin America and increased military presence in Africa and Asia. At some point the US and its allies may cross the line and incite a nuclear or world war. We must work to prevent that and guide the US toward a foreign policy grounded in respect for international law and the self-determination of peoples and nations.

Largest NATO Military Exercise Since End of Cold War Begins

As relations between the United States and Russia further deteriorate, the US and allies from 28 other countries begin a month-long military exercise near the Russian border, “Trident Juncture.” Billed as a test of NATO countries’ ability to respond rapidly, this exercise includes troops from Finland and Sweden, which are not NATO members. It is the largest mobilization of NATO troops since the end of the Cold War.

The location of the exercise is designed to send a message to both Russia and China. NATO Naval ships will enter the Baltic Sea, where Russian military planes fly, and be placed off the coast of Norway where they could cut off the transportation of goods between Russia and China and the European Union though the Arctic, called the Northern Passage.

Further antagonism of Russia exists in the push to expand NATO to include Ukraine and Georgia, which are both on the Russian border. The US is already conducting joint military exercises with the Ukrainian military and has stated support for adding Ukraine and Georgia to NATO despite concerns raised by NATO members France and Germany that this would be too provocative and might trigger a response from Russia. The US expanded NATO to Colombia, which borders Venezuela.

The new book, “The Russians are Coming Again,” chronicles the long history of US antagonism toward Russia. In his review of the book, Ron Ridenour points out that Russia has more to fear from the US than the US does from Russia and that historical amnesia results in successful demonization of Russia in the media. The authors write:

Russia helps to reaffirm US national identity and visions of exceptionalism and righteousness at a time of escalating domestic crises, and helps rationalize the expansion of NATO and maintenance of huge military budgets. The result is that we are again threatened with the outbreak of a Third World War, with the United States again bearing considerable responsibility.

Sarah Lazare points out the dangerous “Russiagate” rhetoric of the Democrats that is being used to justify their support for massive increases in military spending. Funds are included in the new budget to bolster militarization in countries along the Russian border and for more nuclear weapons. Trump’s support for withdrawal from the intermediate-range nuclear treaty with Russia could spark a new nuclear arms race.

Anniversary of AFRICOM and the Murder of Gaddafi

October marks the tenth anniversary of AFRICOM (the US Africa Command) and the seventh anniversary of the murder of Libyan president Muammar Gaddafi. These are both manifestations of US imperialism. African countries are rich in resources that the United States seeks to control and to prevent China from having access to them.

Netfa Freeman, of Black Alliance for Peace, calls AFRICOM the modern colonization of Africa. Countries that sign military agreements with the US give up sovereignty over their land where the bases are located. Freeman also explains that AFRICOM exists to prevent the existence of “any independent African influence or force,” which is why Gaddafi was killed and why the US supported coups in Mali and Burkina Faso in recent years.

Black Alliance for Peace has a petition calling on the Congressional Black Caucus to investigate AFRICOM and for the closure of US bases in Africa. CLICK HERE TO SIGN IT.

We interviewed Ajamu Baraka, the national organizer for Black Alliance for Peace, about AFRICOM and why it is critical to understand and oppose US imperialism if we are to achieve peace on the Clearing the FOG podcast this week.

Protest the War Machine

There were multiple protests against militarism this week. In addition to the Women’s March on the Pentagon, seven people were arrested protesting the drone program at Creech Air Force Base in Nevada. The Stop Banking the Bomb campaign had actions outside PNC banks in three cities to call attention to the hundreds of millions of dollars they provide in loans for corporations that make weapons. And, hundreds of students protested Henry Kissinger’s speaking event at New York University.

There are upcoming opportunities to protest and to build the anti-war, anti-imperialist movement.

November 3 – Black is Back is holding a march to the White House to protest wars in Africa.

November 9 – 11Full weekend of events in Washington, DC and Philadelphia. The coalition that opposed the military parade is organizing a full weekend of events including veterans occupying the VA, concerts in McPherson Square, a Peace Congress to End US Wars at Home and Abroad, a veteran and military family-led march to reclaim Armistice Day and a vigil in Philadelphia where Joe Biden will give former president Bush an award.

November 16 to 18SOA Watch Border Encuentro in Nogales, Arizona/Sonora.

November 16 to 18No US NATO Bases conference in Dublin, Ireland.

November 17 – “Two Minutes to Midnight” – Conference to prevent nuclear war in Maryland.

We will participate in the No US NATO Bases conference in Ireland. Popular Resistance is a member of the No US Foreign Military Bases coalition. After that, we will head to the Netherlands to deliver a letter to the International Criminal Court calling for a full investigation of Israeli war crimes. Please sign the letter as an individual or organization. CLICK HERE TO SIGN.

On April 4, 2019, NATO will hold its 70th anniversary meeting in Washington, DC. Organizations are starting now to call for and plan actions. Here are calls to protest NATO by the United National Antiwar Coalition (UNAC) and World Beyond War, which Popular Resistance has endorsed. We will keep you updated as plans unfold.

The anti-war movement is growing at a critical time. We can reverse this path towards war and build a peace economy and a peace culture. To do that, we must recognize the many connections between militarization at home and abroad and myriad aspects of our lives from oppression of Indigenous Peoples to police violence to militarization of children to climate change and ecological destruction to capitalism, colonization and austerity. We are committed to building a movement of movements to create transformative change.

Before the Law

The limited formal and negative generality of law under liberalism not only makes possible capitalist calculability but also guarantees a minimum of liberty since formal liberty has two aspects and makes available at least legal chances to the weak. For this reason there develops a conflict between the law and the liberties based thereon on the one side, and the requirements of a monopolistic economy on the other side. Under monopolistic capitalism private property in the means of production as the characteristic institution of the entire bourgeois epoch is preserved but general law and contract disappear and are replaced by individual measures on the part of the sovereign.
— Franz Neumann, The Change in the Function of Law in Modern Society, 1937

Large Capitalist firms — banks as well as monopoly concerns — long ago ceased to depend on court proceedings to conduct their affairs with members of other social groups.
— Otto Kircheimer, State Structure and Law in the Third Reich, 1935 pamphlet

What is legalism? It is the ethical attitude that holds moral conduct to be a matter of rule following, and moral relationships to consist of duties and rights determined by rules.
— Judith N. Shklar, Legalism: Law, Morals, and Political Trials, Harvard University Press, 1964

Do not the bourgeois assert that the present-day distribution is ‘fair’? And is it not, in fact, the only ‘fair’ distribution on the basis of the present-day mode of production? Are economic relations regulated by legal conceptions or do not, on the contrary, legal relations arise from economic ones?
— Karl Marx, Critique of the Gotha Program

Watching the Kavanaugh circus the last few weeks I kept thinking about the way in which the general public now views law and justice. I suspect most Americans think of law and legality in terms they have learned from Hollywood TV. Perhaps there is no other area in which the general public relies so extensively on assumptions and cliche as the judicial system. But it also raises questions about the law that I suspect even relatively well educated people never ask themselves.

The entire narrative that is manufactured each time a justice is nominated to the Supreme Court is among the more overblown and hysterical versions of political theatre we are granted but also the most opaque. For the vast majority of people have no real legal knowledge, nor do they understand the intricacies of the entire appellate courts system. Like most things that pass for politics in America, the nomination is treated as a form of American Idol or a beauty pageant.

But there is another issue attached to the spectacle that accompanies Supreme Court nominations and that has to do with a more philosophical set of questions about both class, and about psychology. And the most obvious and most forgotten (and intentionally obscured) truth about the rule of law is that it is not impartial or in any way democratic.

Mass incarceration shows no sign of slowing down despite the very tireless and relentless work of prison critics and death penalty activists. ICE continues to round up people and separate children from their parents. All legal, of course. Children are sentenced as adults. Men are given life terms for drug offenses. The criminalization of life continues to expand. Criminal codes increase. And that increase and expansion mirrors the German criminal law system under National Socialism.

The first period after the downfall of the Weimar Republic was marked by the rise of authoritarian ideology. An authoritarian criminal theory mingled with elements of the old classical school, dominated the academic field. In the criminal courts the transition was immediately reflected by the imposition of harsher punishments, and by a weakening of the status of the defendant.
— Otto Kircheimer, Criminal Law in National Socialist Germany, 1939

The second shift Kircheimer notes was a shift from the objective facts of the case to the subjective. It was the Nietzschian theory being appropriated. The subjective took the form of a focus on intent, and served thereby to obscure the distinction between act and intention. I’d argue one sees a version of this logic today in the valorizing of remorse. It has become a singularly elevated component in evaluating the appropriate punishment, and more, in how to *feel* about the criminal. The unrepentant are the lowest rung on the ladder of guilt. Remorse and confession eclipse the actual commissioned criminal act. In the Germany of the thirties the law allowed for vagueness in the service of expansion. And in a sense today, victim’s rights and a new subjectivity of remorse and confession are in the service of widening the definition of crime itself. And all correctives (#metoo, for example) are quickly absorbed within a trend that strips away presumptions of innocence and the rights of the accused. For denying accusations sounds perilously close to unapologetic and lacking in the qualities of penitence.

Another instance of professional attitudes may be seen in the way in which such a citadel of conservative lawyerdom as the American Bar Association addresses itself to social issues. Matters are taken up one by one, in isolation from the social context and without discussion of the basic issue. Precisely because the A.B.A. regards itself as the official spokesman of the bar it must present its views in a formal manner that gives the appearance of being supra-political and almost without concrete content. It is the independence of the judiciary, the separation of powers, the preservation of fundamental rights, or just fairness, the policy of justice-never the specific social interests or purposes of policies-that is discussed.
— Judith Shklar, Legalism: Law, Morals, and Political Trials, Harvard University Press, 1964

Shklar wrote Legalism in 1964. She presciently articulated the front edges of that neo Nietzschian fascist sensibility at work in the intentional vagueness that allowed for its use in traversing any theoretical problems with mass warehousing of the poor, cruel and unusual punishments, torture, and executions.

The men who reach candidacy for appointments to positions of authority in the legal apparatus are, these days certainly, uniformly guided by a belief in retaining the status quo, and a devotion to the societal direction of control and oppressive social forms. There are no radicals available even if a President, in a fit of madness, wanted to appoint one.

On balance and over the span of American history, the court has, in fact, done far more to retard progress than to advance it. Most horribly, the court upheld in its decision in Dred Scott the sanctity of slavers’ property interest in other humans. The court likewise approved in its Korematsu decision the World War II–era imprisonment of Japanese Americans based on nothing more than fear and paranoia. The court recently claimed to overturn Korematsu, but in the context of the Trump v. Hawaii decision in which the court upheld the constitutionality of Trump’s Muslim travel ban. In the Citizens United case, meanwhile, the court turned back legislative efforts to rein in the corruption of our politics that follows inevitably from our First Amendment–sponsored orgy of special interest contributions.
— Christopher Jon Sprigman, “The Supreme Court is a Historically Regressive and Presently Expendable Institution“, October 11, 2018

In fact, through most of its history the Supreme Court has engaged in the wildest conservative judicial activism in defense of privileged groups. Right-wing judicial activism reached a frenzy point in George W. Bush v. Al Gore. In a 5-to-4 decision, the conservatives overruled the Florida Supreme Court’s order for a recount in the 2000 presidential election. The justices argued with breathtaking contrivance that since different Florida counties might use different modes of tabulating ballots, a hand recount would violate the equal protection clause of the Fourteenth Amendment. By preventing a recount, the Supreme Court gave the presidency to Bush.

In recent years these same conservative justices have held that the Fourteenth Amendment’s equal protection clause could not be used to stop violence against women, or provide a more equitable mode of property taxes, or a more equitable distribution of funds between rich and poor school districts.
— Michael Parenti, “Right-wing Judicial Activism”, Democracy for the Few, 2010, p. 266

Michael Mandel pointed out that When dealing in their writings with legality, Marx and Engels sought to discredit completely any notion of an autonomous or egalitarian legal realm capable of transcending or resolving the discord, unfulfillment and subjugation of everyday life or (most importantly) of restraining the oppressive social power of class society.” And it was Marx who formulated the concept of base/superstructure. For the total reality (base) of life is found in the total of its relations of production — on top of which a superstructure of political and legal institutions is built.

Here again, however, one sees the overall dumbing down of the American public. And I’m honestly not sure how much of a journey that was. The TV staple ‘lawyer show’ is almost always prosecutorial, and rarely about defense lawyers. There was one, The Divide, but it was cancelled after one season due to low ratings. This is the culture (and here I’m speaking of the white bourgeoisie) that thrives on and embraces racist rhetoric like ‘super predator’ and who fail to see the dogged xenophobia and racism of all lawyer shows. In fact, the single most predominant theme or plot is that of white saviour; the idealistic DA (sic) working to help the “good” black or hispanic kid from the clutches of gangs and drug dealers (the vast majority of the residents of the *ghetto*). White paternalism has always been a hallmark of Hollywood drama. But I digress.

These are difficulties which the man from the country has not expected to meet, the Law, he thinks, should be accessible to every man and at all times, but when he looks more closely at the doorkeeper in his furred robe, with his huge pointed nose and long, thin, Tartar beard, he decides that he had better wait until he gets permission to enter. The doorkeeper gives him a stool and lets him sit down at the side of the door. There he sits waiting for days and years.

— Franz Kafka, “Before the Law”, from The Trial

What is important to recognize is the hegemonic nature of the legal system, and of laws. There is a consensus which grows out of an atmosphere or backdrop that is society wide, and which is manufactured and presented by media and entertainment over and over again. And today these assumptions and consensus travel across various economic trans-national blocs. The paradox, if that is what it is, of a growing nationalist frenzy in Europe and the U.S. serves to mask the greater cooperation of these global economic blocs. And such blocs are also rather fluid, though not completely. And while cynical regarding Nationalistic interests, they also often fall prey themselves to such jingoism. This is the global reality and it shadows domestic institutions, and that most certainly includes the courts. For these economic blocs are immune to judicial or legal interference or sanction.

The idea that the law plays a central role in the American imagination and political imagination is well- trodden ground; noticed early on by Tocqueville and today provocatively framed by some as a form of religious observance for the foundational document that is the U.S. Constitution, the idea of law looms large in the American liberal imagination. One is hard pressed to find an account of liberalism — be it by its proponents or by its critics — that does not feature the rule of law as one of its main tenets, if not as its central normative feature.
— Tiphaine Dickson, “On the Poverty, Rise, and Demise of International Criminal Law“, (2016), Dissertations and Theses, Paper 2707, Portland State University

The courts are reflective, on several levels, of life in the U.S. It is racist firstly. Profoundly so. In death penalty cases, 97% of DA’s were white. And not just that…

[A]n investigation of all murder cases prosecuted . . . from 1973 to 1990 revealed that in cases involving the murder of a white person, prosecutors often met with the victim’s family and discussed whether to seek the death penalty. In a case involving the murder of the daughter of a prominent white contractor, the prosecutor contacted the contractor and asked him if he wanted to seek the death penalty. When the contractor replied in the affirmative, the prosecutor said that was all he needed to know. He obtained the death penalty at trial. He was rewarded with a contribution of $5,000 from the contractor when he successfully ran for judge in the next election. The contribution was the largest received by the District Attorney. There were other cases in which the District Attorney issued press releases announcing that he was seeking the death penalty after meeting with the family of a white victim. But prosecutors failed to meet with African-Americans whose family members had been murdered to determine what sentence they wanted. Most were not even notified that the case had been resolved. As a result of these practices, although African-Americans were the victims of 65% of the homicides in the Chattahoochee Judicial District, 85% of the capital cases were white victim cases.
— S. Bright, Santa Clara Law Review, Death and Denial: The Tolerance of Racial Discrimination in Infliction of the Death Penalty, 1995

One could continue citing statistics for a few hundred pages. The courts express American intolerance and inequality as if under a magnifying glass. And remember that that religious adulation reserved for the *Founding Fathers* (sic) usually conveniently omits that most of them owned slaves. Judith Shklar wrote of the Supreme Court: “this is an institution obviously irreconcilable with democracy, but results from the conjunction of the three following facts: legal traditions inherited from the colonial and Revolutionary period, distrust of any government, and a democracy which had little confidence in itself”.

The courts are factories to process surplus humanity, in the eyes of the ruling class anyway.
— Antonio Gramsci, The Conquest of the State

So, returning to the Brett Kavanaugh circus. (side bar note: Brett boy is a Catholic, which may account for his deficiencies as a public weeper. Evangelicals are far superior at crying. See: Swaggert, Jimmy. Weber, Rep. Randy. Baker, Jim.) The fact is that Obama’s last nominee Merrick Garland was almost a cookie cutter cutout ideologically from Kavanaugh, and John Roberts seems of no interest to most liberals. And it again is a part of this ‘American Idolization’ of the political that no major media outlet ever addresses the fact that even Ginsburg, the erstwhile liberal on the court, is eons removed from William O. Douglas or Brennan. In fact, per the New York Times (circa 1997 it should be noted):

A recent survey by the libertarian Institute for Justice examined Supreme Court opinions between 1993 and 1996. The survey lamented the fact that the Justices least likely to strike down laws infringing civil and economic liberties were President Clinton’s appointees, Justices Ginsburg and Stephen Breyer, who voted to uphold Government power in two-thirds of the cases examined.

Ginsburg is also tight with Antonin Scalia. Go figure, huh.

So it is hard to muster much outrage over another uptight white guy becoming a supreme court justice. The higher courts are the expression of an illusory coherence and imaginary neutrality that it is alleged, stands above the merely political. But, in fact, it is at its core political. The courts adaptation of a rarified positivist grammar, one that carries with it a kind of scientific precision (and it is precise, if one allows it to frame itself. Precise and even beautiful) are, in fact, neither neutral nor precise. But this distance, this hermetic emotionless rationality is really in the service of removing social trauma and human suffering from the rulings, and to hide the class mediated selectivity at work.

In the arena of international law, the first problem has to do with tribunals created by members of the U.N. security council. For such tribunals (The ICTY, at the Hague and the ICTR at Arusha, et al) are trying individuals whose countries of origin are not members of the security council and hence cannot create ad hoc tribunals. Nor can these individuals refuse to participate. Milosevic, who was kidnapped by the U.S. and taken to the Hague, opened his defense by declaring the tribunal illegitimate. Of course, the trial went ahead and he died in custody. A decade later he was acquitted.

It is interesting to note that nobody involved in the killing of Osama bin Ladin was ever thought to be put on trial. Nor whatever drone pilot hit the sixteen year old American Anwar al-Awlaki. The father did bring a suit but it was dismissed out of hand. Or is it possible for the nation of Honduras to form an ad hoc tribunal to consider the role of the U.S. in the recent coup that unleashed massive violence. Could Venezuela form an ad hoc tribunal? No.

Tiphaine Dickson, in her remarkably comprehensive examination of the evolution of international criminal law, notes, the ascendency of human rights as a foreign policy principle took place as an arm of neoliberalism, and came out of a variety of factors that included corporatism, Vietnam and American shame, and in theory the failure of political utopias — this last was really the argument of Samuel Moyn. And failure is certainly a relative term.

By all accounts, human rights organizations made the conscious choice to scuttle socio-economic rights in order to streamline and mainstream their message; in today’s cynical marketing parlance, we would speak of clarifying their brand. This certainly contradicts the idea that these movements stood like deer in the headlights before an unexpected neoliberal ten-ton truck: they had already known it best to dash away to the safe-haven of the atrocity and the war crime.
— Tiphaine Dickson, “On the Poverty, Rise, and Demise of International Criminal Law“, (2016), Dissertations and Theses, Paper 2707, Portland State University

Moyn described the *spectacular atrocity as the organizational fulcrum* of international moral conscience. Now there was also a decided colonial flavor to this marketing parlance. And to its choices. The *dark continent* was the perfect backdrop for the association of primitive bestial violence. A violence that far exceeded what was possible in the advanced West. It is that super predator theme again. And it is again white paternalism. There was another factor in the rise of this specific human rights consciousness and that was what is termed “Holocaust Memory”. The Holocaust industry. So neoliberalism, inequality, and the Holocaust memory idea roughly came to prominence at the same time. And it is interesting, perhaps, to observe the rise of ‘victim’s rights’ in domestic criminal law and practice, a short while later. The role of American guilt, then, is tied into this, or at least the shaping of and control of how guilt is viewed and experienced.

After its defeat in Vietnam, and Richard Nixon’s normalization of relations with China, the United States engaged in a major ideological shift. In the early 1970s, the United States used the Conference on Security and Cooperation in Europe to redefine its enemy. Under the cover of détente with Moscow, this East-West conference agreed on measures supposedly designed to promote lasting peace. The Helsinki Final Act, signed in 1975, endorsed the inviolability of frontiers, territorial integrity of states, and non-intervention in internal affairs of other states (measures designed to reassure Moscow, still fearful of German revanchism). However, that last principle was subtly challenged by Washington’s new cherished “value”: respect for human rights. While seemingly affirming the status quo, this initiated a new phase of indirect U.S. interference in the internal affairs of other nations, no longer in the name of anti-communism, but rather as defense of human rights. In 1978, the Helsinki Watch group was founded to monitor human rights in Soviet bloc countries. Ten years later, Helsinki Watch evolved into Human Rights Watch, whose watchfulness continues to focus on countries where the United States is likely to favor regime change.
— Diana Johnstone, Monthly Review, 2017

I am writing an almost short hand simplified overview here of what is a complex history. But there is enough material, I think, to arrive at a few conclusions. The US court system is not going to ever do other than it always has. It is going to protect those who own the wealth and property of the country, and the Supreme Court is the final voice of the Imperialist ruling elite and its role is to tidy up matters in a way that protects the status quo.

Michael Mandel (in How America Gets Away with Murder) summarizes international criminal courts thus…

So here is the problem with international criminal law: it lets the Americans get away, not only with murder, but with the supreme international crime, and it punishes only the individual evils of the Americans’ enemies – even though these are but the inevitable result of this supreme crime that ‘contains within itself the accumulated evil of the whole.’ It does this so regularly that it cannot be regarded as some minor kink that has to be worked out of the system. Despite international criminal law’s banner commitment to ‘ending impunity,’ its operating principle is really one of ‘selective impunity.

The supreme international crime is, of course, a reference to Robert Jackson’s opening speech at Nuremberg, where he described aggressive war, not in self defense, as the supreme international crime. Which, by my reckoning, means the U.S. is guilty of that crime about 7 or 8 times in just the last twenty years

This is an era of massive organized disinformation, historical revisionism, and outright propaganda. Massive. One of the problems associated with pointing this out is that one is liable to be called a conspiracy theorist. It’s the definitive fear inducing appellation. And even when obvious campaigns of disinformation are being implemented, there is a reluctance on the part of many to point it out. Hollywood, let alone the media news giants and telecoms, are directly tied to the US government, to the Pentagon, CIA, and state department. In Hollywood today CIA advisors sit in on story meetings for any show or film that even indirectly touches on the subject of the military or government or law enforcement. The result has been twenty five years of direct propaganda. Most Americans learn of the court system from TV. Dick Wolf, as an example, as several hugely successful franchises that have legal and courtroom, or law enforcement backdrops and locations. In fact, his latest show is titled FBI. But there are a dozen other show runners and show creators who peddle the same kitsch versions of a cartoon legal world. Most Americans learn most everything from mass corporate entertainment and news. The normalizing of outright executions and coups is experienced as nothing out of the ordinary, and far away anyway. The public is told when to be outraged and when not to be. And they are instructed that class doesn’t exist and that military service is the most noble form or patriotism. And never ever is American exceptionalism to be questioned.

In the legal system there are only ‘individual’ stories, de-linked from social reality and from history. Liberal pieties about the ‘rule of law’ and the reactionaries devotion to morality (others, not their own) again speaks to parallels with National Socialism in the thirties. Kircheimer ends his essay on law under the Third Reich this way:

In effect it is difficult to see how the goal of improving public morality could be obtained by a state that not only operates at such a low level satisfaction of needs, but rests on a supervision and direction of all spheres of life by an oppressive political organization.

So, I’d say the Supreme Court is actually pretty much as it’s always been. Founded by slavers and the rich colonial proprietorial class, it has served the interests of the wealthy, of business and privilege, and has done it without interruption since its inception. There is the additional psychological conditioning today that encourages agreement, encourages consensus and a valorizing of the familiar. Words such as *revolutionary* or *dissent* are considered bad, lumped into an amorphous category labeled *fake news*. *Radical* is a bad word, too. And the business of the courts, all courts, really, is too conform to, and reinforce the values of, a class system and a privileged wealthy elite.

International Court of Justice: forum for Palestine’s dispute with the United States

On 28 September 2018, the State of Palestine filed a complaint against the United States before the International Court of Justice (the ICJ, the UN's Court). The State of Palestine is denouncing the US embassy's recent relocation to Jerusalem. The brief filed by the State of Palestine is based on UNGA Res 181 on The Partition of Palestine, adopted in 1947 . This partition plan provides that the city of Jerusalem, given its broadest definition, does not form part of the two Independent (...)

Canada’s First Principle of International Relations Should Be “First Do No Harm”

Many progressives call for Canada to “do more” around the world. The assumption is that this country is a force for good, a healer of humankind. But if we claim to be the “doctors without borders” of international relations, shouldn’t Canada swear to “first do no harm” like MDs before beginning practice? At a minimum shouldn’t the Left judge foreign policy decisions through the lens of the Hippocratic oath?

Libya illustrates the point. That North African nation looks set to miss a United Nations deadline to unify the country. An upsurge of militia violence in Tripoli and political wrangling makes it highly unlikely elections planned for December will take place.

Seven years after the foreign backed war Libya remains divided between two main political factions and hundreds of militias operate in the country of six million. Thousands have died in fighting since 2011.

The instability is not a surprise to Canadian military and political leaders who orchestrated Canada’s war on that country. Eight days before Canadian fighter jets began dropping bombs on Libya in 2011 military intelligence officers told Ottawa decision makers the country would likely descend into a lengthy civil war if foreign countries assisted rebels opposed to Muammar Gadhafi. An internal assessment obtained by the Ottawa Citizen noted:

There is the increasing possibility that the situation in Libya will transform into a long-term tribal/civil war… This is particularly probable if opposition forces received military assistance from foreign militaries.

A year and a half before the war a Canadian intelligence report described eastern Libya as an “epicentre of Islamist extremism” and said “extremist cells” operated in the anti-Gaddafi stronghold. In fact, during the bombing, notes Ottawa Citizen military reporter David Pugliese, Canadian air force members privately joked they were part of “al-Qaida’s  air force”. Lo and behold hardline Jihadists were the major beneficiaries of the war, taking control of significant portions of the country.

A Canadian general oversaw NATO’s 2011 war, seven CF-18s participated in bombing runs and two Royal Canadian Navy vessels patrolled Libya’s coast. Ottawa defied the UN Security Council resolution authorizing a no-fly zone to protect Libyan civilians by dispatching ground forces, delivering weaponry to the opposition and bombing in service of regime change. Additionally, Montréal-based private security firm GardaWorld aided the rebels in contravention of UN resolutions 1970 and 1973.

The NATO bombing campaign was justified based on exaggerations and outright lies about the Gaddafi regime’s human rights violations. Western media and politicians repeated the rebels’ outlandish (and racist) claims that sub-Saharan African mercenaries fuelled by Viagra given by Gaddafi, engaged in mass rape. Amnesty International’s senior crisis response adviser Donatella Rovera, who was in Libya for three months after the start of the uprising and Liesel Gerntholtz, head of women’s rights at Human Rights Watch, were unable to find any basis for these claims.

But, seduced by the need to “do something”, the NDP, Stephen Lewis, Walter Dorn and others associated with the Left supported the war on Libya. In my new book Left, Right: Marching to the Beat of Imperial Canada I question the “do more” mantra and borrow from healthcare to offer a simple foreign policy principle: First Do No Harm. As in the medical industry, responsible practitioners of foreign policy should be mindful that the “treatments” offered often include “side effects” that can cause serious harm or even kill.

Leftists should err on the side of caution when aligning with official/dominant media policy, particularly when NATO’s war drums are beating. Just because the politicians and dominant media say we have to “do something” doesn’t make it so. Libya and the Sahel region of Africa would almost certainly be better off had a “first do no harm” policy won over the interventionists in 2011.

While a “do more” ethos spans the political divide, a “first do no harm” foreign policy is rooted in international law. The concept of self-determination is a core principle of the UN Charter and International Covenant on Civil and Political Rights. Peoples’ inalienable right to shape their own destiny is based on the truism that they are best situated to run their own affairs.

Alongside the right to self-determination, the UN and Organization of American States prohibit interfering in the internal affairs of another state without consent. Article 2 (7) of the UN Charter states that “nothing should authorize intervention in matters essentially within the domestic jurisdiction of any state.”

A military intervention without UN approval is the “supreme international crime”. Created by the UN’s International Law Commission after World War II, the Nuremberg Principles describe aggression as the “supreme international crime, differing only from other war crimes in that it contains within itself the accumulated evil of the whole.” In other words, by committing an act of aggression against Libya in 2011 — notably bombing in service of regime change — Ottawa is responsible not only for rights violations it caused directly, but also those that flowed from its role in destabilizing that country and large swaths of Africa’s Sahel region.

If Canada is to truly be the “good doctor” of international relations it will be up to Left foreign policy practitioners to ensure that this country lives up to that part of the Hippocratic oath stating, “First do no harm”.

Palestinians Suffer as Trump Tears Up Rules-based Order

Washington’s decision to intensify swingeing aid cuts to the Palestinians – the latest targets include cancer patients and peace groups – reveals more than a simple determination to strong-arm the Palestinian leadership to the negotiating table.

Under cover of a supposed peace effort, or “deal of the century”, the Trump administration hopes to solve problems closer to home. It wants finally to shake off the burden of international humanitarian law, and the potential for war crimes trials, that have overshadowed US actions in Afghanistan, Iraq, Libya and Syria – and may yet prove treacherous in dealings with Iran.

The Palestinians have been thrust into the centre of this battle for good reason. They are the most troublesome legacy of a post-war, rules-based international order that the US is now committed to sweeping away. Amputate the Palestinian cause, an injustice festering for more than seven decades, and America’s hand will be freer elsewhere. Might will again be right.

An assault on the already fragile international order as it relates to the Palestinians began in earnest last month. The US stopped all aid to UNRWA, the United Nations refugee agency that helps more than five million Palestinians languishing in camps across the Middle East.

The pressure sharpened last week when $25m in aid was blocked to hospitals in East Jerusalem that provide a lifeline to Palestinians from Gaza and the West Bank, whose health services have withered under a belligerent Israeli occupation.

Then at the weekend, the US revealed it would no longer hand over $10m to peace groups fostering ties between Israelis and Palestinians.

The only significant transfer the US still makes is $60m annually to the Palestinian security services, which effectively enforce the occupation on Israel’s behalf. In short, that money benefits Israel, not the Palestinians.

At the same time, the Trump administration revoked the US visa of the Palestinian ambassador to Washington, Husam Zomlot, shortly after shuttering his diplomatic mission. The Palestinians have been cast fully out into the cold.

Most observers wrongly assume that the screws are simply being tightened to force the Palestinians to engage with Mr Trump’s peace plan, even though it is nowhere in sight. Like an unwanted tin can, it has been kicked ever further down the road over the past year. A reasonable presumption is that it will never be unveiled. While the US keeps everyone distracted with empty talk, Israel gets on with its unilateral solutions.

The world is watching, nonetheless. The Palestinian community of Khan Al Ahmar, outside Jerusalem, appears to be days away from demolition. Israel intends to ethnically cleanse its inhabitants to clear the way for more illegal Jewish settlements in a key area that would eradicate any hope of a Palestinian state.

Mr Trump’s recent punitive actions are designed to choke into submission the Palestinian Authority in the West Bank, just as Israel once secretly put Palestinians in Gaza on a starvation “diet” to make them more compliant. Israel’s long-standing collective punishment of Palestinians – constituting a war crime under the Fourth Geneva Convention – has now been supplemented by similar types of collective punishment by the US, against Palestinian refugees and cancer patients.

Jared Kushner, Mr Trump’s son-in-law and adviser, admitted as much at the weekend. He told the New York Times that the cuts in aid were punishment for the Palestinian leadership “vilifying the [US] administration”.

In an apparent coded reference to international law, Mr Kushner added that it was time to change “false realities”. However feeble international institutions have proved, the Trump administration, like Israel, prefers to be without them.

In particular, both detest the potential constraints imposed by the International Criminal Court at The Hague, which is empowered to prosecute war crimes. Although it was established only in 2002, it draws on a body of international law and notions of human rights that date back to the immediate period after the Second World War.

The crimes committed by Zionist leaders in establishing Israel on the ruins of the Palestinians’ homeland occurred in 1948, just as international law was being born. The Palestinians were among the first, and are still the most glaring, violation of that new rules-based global order.

Righting those historic wrongs is the biggest test of whether international law will ever amount to more than jailing the odd African dictator.

That the Palestinian cause continues to loom large was underscored this month by two challenges conducted in international forums.

Legislators from Israel’s large Palestinian minority have appealed to the United Nations to sanction Israel for recently passing the apartheid-like Nation-State Basic Law. It gives constitutional standing to institutionalised discrimination against the fifth of the population who are not Jewish.

And the Palestinian Authority has alerted the Hague court to the imminent destruction by Israel of Khan Al Ahmar. The ICC is already examining whether to bring a case against Israel over the settlements built on occupied land.

The US State Department has said the aid cuts and closure of the Palestinian embassy were prompted partly by “concerns” over the Hague referral. John Bolton, Mr Trump’s national security adviser, meanwhile, has vowed to shield Israel from any war crimes trials.

Sitting on the fence have been the Europeans. Last week the European parliament passed a resolution warning that Khan Al Ahmar’s destruction and the “forcible transfer” of its inhabitants would be a “grave breach” of international law. In an unusual move, it also threatened to demand compensation from Israel for any damage to infrastructure in Khan Al Ahmar funded by Europe.

Europe’s leading states anxiously wish to uphold the semblance of an international order they believe has prevented their region’s descent into a Third World War. Israel and the US, on the other hand, are determined to use Palestine as the test bed for dismantling these protections.

The Israeli bulldozers sent to Khan Al Ahmar will also launch an assault on Europe and its resolve to defend international law and the Palestinians. When push comes to shove, will Europe’s nerve hold?

• First published in The National