Author: The Cayman Institute

The Cayman Institute Director-General of The Cayman Institute. Nicholas Robson has a rich background in the non-governmental (NGO) sector. He received his MA in Peace Studies from the University of Bradford. Nick has consulted for the British Red Cross in Disaster Management and is the founder of the Cayman Institute, a think tank doing policy research in areas such as global warming and climate change, energy security and economic sustainability for small island states. Nick also has a background in security and law enforcement. His geographical areas of interest are Central and South Asia and the Middle East as well as Small Island Developing States. He is also the Chief Coordinator of the South Asian Strategic Stability Institute (SASSI) based in London whose aims are to make a leading contribution to regional and international academic and policy-orientated research discourses about South Asian security. His publications include Cayman Islands Energy Policy: Background Advisory Report and Sea Level Rise and Its Implications for the Cayman Islands. See Specialties -Geopolitical, strategic and security implications of climate & energy security -Food and water security implications -Climate / Refugee problem -Global terrorism and climate change -Disaster management and climate change -Economic, political and social issues in the world's smallest countries and dependencies (including SIDS) Counter Terrorism. Disaster Response - IFRC. Human Rights - Int’l Human Rights Academy (University of Utrecht). UN training in Peace Keeping Operations (UNITAR)

How Israel’s lies are used to justify mass slaughter of civilians in Gaza

Israel's lies make it clear to the Palestinians that it will continue to wage a campaign of state terror and will never admit its atrocities or its intentions.


ALL GOVERNMENTS lie, including Israel and Hamas. But Israel engages in the kinds of jaw-dropping lies that characterize despotic and totalitarian regimes.


It does not deform the truth; it inverts it. It routinely paints a picture for the outside world that is diametrically opposed to reality. And all of us reporters who have covered the occupied territories have run into Israel's Alice-in-Wonderland narratives, which we dutifully insert into our stories — required under the rules of American journalism — although we know they are untrue.


I saw small boys baited and killed by Israeli soldiers in the Gaza refugee camp of Khan Younis. The soldiers swore at the boys in Arabic over the loudspeakers of their armored jeep. The boys, about 10 years old, then threw stones at an Israeli vehicle and the soldiers opened fire, killing some, wounding others. I was present more than once as Israeli troops drew out and shot Palestinian children in this way.


Such incidents, in the Israeli lexicon, become children caught in crossfire.


I was in Gaza when F-16 attack jets dropped 1,000-pound iron fragmentation bombs on overcrowded hovels in Gaza City. I saw the corpses of the victims, including children. This became a surgical strike on a bomb-making factory.


I have watched Israel demolish homes and entire apartment blocks to create wide buffer zones between the Palestinians and the Israeli troops that ring Gaza. I have interviewed the destitute and homeless families, some camped out in crude shelters erected in the rubble. The destruction becomes the demolition of the homes of terrorists.


I have stood in the remains of schools — Israel struck two United Nations schools in the last six days, causing at least 10 fatalities at one in Rafah on Sunday and at least 19 at one in the Jebaliya refugee camp Wednesday — as well as medical clinics and mosques. I have heard Israel claim that errant rockets or mortar fire from the Palestinians caused these and other deaths, or that the attacked spots were being used as arms depots or launching sites.


I, along with every other reporter I know who has worked in Gaza, have never seen any evidence that Hamas uses civilians as “human shields.”


There is a perverted logic to Israel's repeated use of the Big Lie — the lie favored by tyrants from Josef Stalin to Saddam Hussein. The Big Lie feeds the two reactions Israel seeks to elicit — racism among its supporters and terror among its victims.


By painting a picture of an army that never attacks civilians, that indeed goes out of its way to protect them, the Big Lie says Israelis are civilized and humane, and their Palestinian opponents are inhuman monsters.


The Big Lie serves the idea that the slaughter in Gaza is a clash of civilizations, a war between democracy, decency and honor on one side and Islamic barbarism on the other. And in the uncommon cases when news of atrocities penetrates to the wider public, Israel blames the destruction and casualties on Hamas.


George Orwell in his novel “Nineteen Eighty-Four” called this form of propaganda doublethink. Doublethink uses “logic against logic” and “repudiate[s] morality while laying claim to it.”


The Big Lie does not allow for the nuances and contradictions that can plague conscience. It is a state-orchestrated response to the dilemma of cognitive dissonance. The Big Lie permits no gray zones. The world is black and white, good and evil, righteous and unrighteous.


The Big Lie allows believers to take comfort — a comfort they are desperately seeking — in their own moral superiority at the very moment they have abrogated all morality.


The Big Lie, as the father of American public relations, Edward Bernays, wrote, is limited only by the propagandist's capacity to fathom and harness the undercurrents of individual and mass psychology. And since most supporters of Israel do not have a desire to know the truth, a truth that would force them to examine their own racism and self-delusions about Zionist and Western moral superiority, like packs of famished dogs they lap up the lies fed to them by the Israeli government.


But the Big Lie is also consciously designed to send a chilling message to Gaza's Palestinians, who have lost large numbers of their dwellings, clinics, mosques, and power, water and sewage facilities, along with schools and hospitals, who have suffered some 1,850 deaths since this assault began — most of the victims women and children — and who have seen 400,000 people displaced from their homes.


The Big Lie makes it clear to the Palestinians that Israel will continue to wage a campaign of state terror and will never admit its atrocities or its intentions. The vast disparity between what Israel says and what Israel does tells the Palestinians that there is no hope. Israel will do and say whatever it wants. International law, like the truth, will always be irrelevant. There will never, the Palestinians understand from the Big Lie, be an acknowledgement of reality by the Israeli leadership.


The Israel Defense Forces website is replete with this black propaganda. “Hamas exploits the IDF's sensitivity towards protecting civilian structures, particularly holy sites, by hiding command centers, weapons caches and tunnel entrances in mosques,” the IDF site reads. “In Hamas' world, hospitals are command centers, ambulances are transport vehicles, and medics are human shields,” the site insists.


“… [Israeli] officers are tasked with an enormous responsibility: to protect Palestinian civilians on the ground, no matter how difficult that may be,” the site assures its viewers. And the IDF site provides this quote from a drone operator identified as Lt. Or. “I have personally seen rockets fired at Israel from hospitals and schools, but we couldn't strike back because of civilians nearby. In one instance, we acquired a target but we saw that there were children in the area. We waited around, and when they didn't leave we were forced to abort a strike on an important target.”


Israel's ambassador to the United States, Ron Dermer, in a Big Lie of his own, said last month at a conference of Christians United for Israel that the Israeli army should be given the “Nobel Peace Prize … a Nobel Peace Prize for fighting with unimaginable restraint.”


The Big Lie destroys any possibility of history and therefore any hope for a dialogue between antagonistic parties that can be grounded in truth and reality.


And when facts no longer matter, when there is no shared history grounded in the truth, when people foolishly believe their own lies, there can be no useful exchange of information.


The Big Lie, used like a bludgeon by Israel, as perhaps it is designed to be, ultimately reduces all problems in the world to the brutish language of violence. And when oppressed people are addressed only through violence they will answer only through violence. More

 

 

For the Caribbean, a United Front Is Key to Weathering Climate Change

PHILIPSBURG, St. Maarten, Jul 2 2014 (IPS) – As the costs of climate change continue to mount, officials with the Commonwealth grouping say it is vital that Small Island Developing States (SIDS) stick together on issues such as per capita income classification.

Seawall in Dominica

Deputy Commonwealth Secretary General (Economic and Social Development) Deodat Maharaj told IPS the classification affects the ability of countries like Antigua and Barbuda, Grenada and others to access financing from the international financial institutions.

“To my mind, the international system has to take special consideration of countries such as Antigua and Barbuda, Grenada and others,” he said.

“The example I like to use is the example of Grenada. You would recall Hurricane Ivan about 10 years ago. It damaged about 70 percent of the housing stock in Grenada. It cost a billion U.S. dollars in damages, equivalent to two years GDP.

“So the countries in the Caribbean can move from high income or middle income to almost zero income with an economic shock or natural disaster,” Maharaj added.

Maharaj, whose appointment took effect earlier this year, said the Commonwealth is preparing “an analytical framework based on research, a case, so that countries such as Grenada when there is a natural disaster their international debt obligation for a particular period of time will be suspended so that they don’t have to continue to pay their debt when it is that they have suffered a natural disaster.”

On the issue of collaboration, one of only three female prime ministers in the Caribbean has reaffirmed her country’s commitment to dealing with climate change and all the issues associated with the global phenomena.

“I would like to reaffirm my strong belief in collaboration with other nations,” Sarah Wescot-Williams, the prime minister of St. Maarten, told IPS.

“Economic issues have forced us to look at ways and means of getting together and we are working collaboratively with other Caribbean nations to mitigate the effects of climate change as well as social issues of unemployment, crime and health.”

Prime Minister of St. Maarten Sarah Wescot-Williams (left)

St. Maarten recently developed and approved its National Energy Policy “and as such we have very specific goals and objectives to reach by 2020 in terms of reduction and promoting alternative, new green ideas, new green products,” Wescot-Williams explained.

She reiterated a point made while addressing regional leaders recently. “I told them we should not only look out for the bigger impacts of climate change or look at those developments as something that is far from us, far from our homes, but look at small things like beach erosion, something that St. Maarten is seeing.

“A report has been issued not very long ago indicating that unless specific measures are taken, a great part of what is now land will no longer be as far as the smaller islands, including St. Maarten, are concerned.”

How they are ranked by financial institutions such as the International Monetary Fund (IMF) and World Bank is a major issue for Caribbean countries.

Camillo Gonsalves, a former ambassador to the United Nations, says it affects these countries’ ability to secure the required funding to effectively deal with climate change.

He noted that most Caribbean countries are ranked as middle-income countries, and using that metric alone makes his country, St. Vincent and the Grenadines, with its one-billion-dollar Gross Domestic Product (GDP), “richer than China”.

“If that is the metric by which we determine economic health and access to concessionary financing, and our ability to borrow ourselves out of a crisis or to spend ourselves out of a crisis, it is clearly a flawed measure,” he said.

He noted that within three hours last Christmas Eve, a trough system left damage and loss in St. Vincent equal to 17 percent of GDP, while the country also suffered natural disasters in 2010, and 2011 – the loss and damage from each of which was in double digits.

This, however, is the measure by which the World Bank, the IMF determine the economic strength of Caribbean countries, Gonsalves said, adding that these international institutions do not consider the region’s vulnerabilities.

“The Caribbean small island developing states are among the most heavily indebted states in the world,” Gonsalves said, noting that the debt-to-GDP ratio in the region ranges from 20 percent in Haiti – which received significant debt forgiveness after the 2010 earthquake – to 139 percent in Jamaica, with St. Kitts and Nevis and Grenada at 105 and 115 per cent, respectively, even as the European Union has set itself a debt-to-GDP ratio of 65 per cent.

“If your debt-to-GDP ratio is 139 percent and you are struck by a natural disaster… how do you borrow yourself out of that crisis? Where do you find money immediately to build your roads, your houses, your bridges, your hospitals that have been damaged? How can you set money aside in preparation for the next climate event if you have a debt to GDP ratio of over 100 per cent or approaching 100 per cent, and your debt servicing charges are that high?” Gonsalves said.

Agreeing with Wescot-Williams and Maharaj that there is strength in unity, Gonsalves, who serves as foreign affairs minister for St. Vincent and the Grenadines, said the upcoming Third United Nations Conference on Small Island Developing States (SIDS) in Samoa is an ideal opportunity for regional countries to do more than just talk about collaboration.

“The issue of how we are ranked and classified has to be rectified – not addressed, not flagged, not considered. It has to be rectified in Samoa. That has to be one of our prime objectives going into this conference,” he said.

The Samoa conference will be held from Sep. 1-4 under the theme “The Sustainable Development of Small Island States Through Genuine and Durable Partnerships”.

It will seek to assess progress and remaining gaps; renew political commitment by focusing on practical and pragmatic actions for further implementation; identify new and emerging challenges and opportunities for the sustainable development of SIDS and means of addressing them; and identify priorities for the sustainable development of SIDS to be considered in the elaboration of the post-2015 U.N. development agenda.

Maharaj said “one big challenge” for his organisation is the advancement of the interest of small states.

“When I think about the Caribbean and I think about development…we need to think about development not only in terms of five years, 10 years or 15 years,” he said.

“I would like to think about and imagine what will the Caribbean be in the year 2050 at the time when our grand- and great-grandchildren will be around and many of us won’t be here,” Maharaj added. More

 

WMO Launches SIDS Website

 

WMOAugust 2014: The World Meteorological Organization (WMO) has launched a small island developing States (SIDS) website to highlight its work with SIDS, given that they are low-lying and vulnerable to weather- and climate-related hazards, such as tropical cyclones, floods and droughts.


The website features: a media corner, highlighting the most recent information on SIDS; links to WMO SIDS publications, including ‘Saving Paradise: Ensuring Sustainable Development' and ‘The SIDS Caribbean Project: Preparedness to Climate Variability and Global Change in SIDS of the Caribbean Region;' and information on WMO side events to be convened at the Third International Conference on SIDS, taking place in Apia, Samoa, from 1-4 September 2014.


WMO supports SIDS in developing: adequate structures and building capacity to ensure that information is available in a timely manner to address issues such as coastal zone management, energy, environmental degradation, tourism and climate change; and scientifically sound and culturally sensitive early warning systems. It further supports national meteorological and hydrological services (NMHSs) in SIDS to help access the most sophisticated products in real-time and forecasts of extreme weather events several days in advance. [WMO SIDS Website]



read more: http://sids-l.iisd.org/news/wmo-launches-sids-website/#more-254872

 

Time to ask why

Young people have the most to gain from solving the climate crisis — and the sooner the better.

They didn't cause the issue, but they'll have to live with it for decades. And for far too long, they and their interests have been ignored by leaders who refuse to protect the planet.

On September 23, this is going to change when exceptional young people get a chance to put their questions to the world's decision-makers — to speak for their generation at the U.N. Climate Summit in New York City.

Today, we begin searching for the people who will ask their leaders the tough questions about global warming. We're collecting videos of young people ages 13-21 posing tough Why? or Why not? questions about the climate crisis. We'll choose the best to attend the Summit and demand serious answers from the world's leaders.

If you're between the ages of 13 and 21, submit a video. If not, encourage someone you know to submit a video of their own.


Why do we continue burning fossil fuels that cause climate change? Why not switch to clean, renewable energy?

The answers are out there, but we won't get them unless we stand together and demand them — and refuse to be ignored.

Thanks for your continued support,

Al Gore
Founder and Chairman

SUBMIT A VIDEO

 

The Yuri Orlov File

Yuri Orlov

Human Rights Legend and Distinguished Physicist Turns 90

Founder of Moscow Helsinki Group Endured Gulag and Exile, Still Teaches at Cornell

Web Posting Includes KGB and Politburo Documents on Orlov’s Dissident Career, Declassified U.S. Reports on the Human Rights Challenge Orlov Faced, Complete Orlov Physics Publications List, First Publication in English of Orlov’s Historic 1956 Speech Criticizing the Communist Party, and Video of Orlov-Reagan White House Meeting from 1986

National Security Archive Electronic Briefing Book No. 482
Posted August 13, 2014

Compiled and edited by Svetlana Savranskaya and Tom Blanton
Editorial assistance by Anya Melyakova and Allison Brady
Special thanks to Sidney Orlov

For more information contact:
202/994-7000 or nsarchiv@gwu.edu

Washington, D.C., August 13, 2014 — Marking the 90th birthday of the human rights legend and distinguished physicist Yuri Orlov, the National Security Archive at George Washington University (www.nsarchive.org) and the Memorial Society in Moscow (www.memo.ru) today posted online an extensive collection of formerly secret Soviet and U.S. documents on Orlov’s career as a Soviet dissident, including the first English-language translation of his historic 1956 speech at his physics institute in Moscow, and his 1976 founding of the Moscow Helsinki Group.

The posting also includes Orlov’s complete publications list as a still-active research physicist, his 2009 Vernon Hughes Memorial Lecture at the Brookhaven National Laboratory, and never-before-published video of Orlov’s White House meeting with President Ronald Reagan in 1986.

The documents include detailed KGB, Communist Party Central Committee and Politburo documents, together with parallel CIA and White House assessments, that suggest how courageous human rights activism by leading Soviet scientists like Orlov as early as 1956 fundamentally threatened the repressive Soviet system while setting the stage for the late 1980s perestroika/glasnost period that ended the Cold War.

The documents show that through organizing the Moscow Helsinki Group (with Lyudmila Alexeyeva) in May 1976, Orlov institutionalized human rights monitoring based on the principles in the 1975 Helsinki Final Act, signed by the USSR and even published in Pravda. Multiple other Helsinki groups soon followed throughout Eastern and Western Europe, the U.S. and the Soviet Union, contributing enormous intellectual capital to the international human rights movement and to social processes that culminated in the peaceful revolutions of 1989. The Moscow Helsinki Group remains the oldest still-functioning human rights organization in Russia, and Orlov subsequently became honorary chairman of the International Helsinki Federation.

Check out today’s posting at the National Security Archive’s Website –http://www2.gwu.edu/~nsarchiv/NSAEBB/NSAEBB482/

Find us on Facebook – http://www.facebook.com/NSArchive

Unredacted, the Archive blog – http://nsarchive.wordpress.com/

________________________________________________________
THE NATIONAL SECURITY ARCHIVE is an independent non-governmental research institute and library located at The George Washington University in Washington, D.C. The Archive collects and publishes declassified documents acquired through the Freedom of Information Act (FOIA). A tax-exempt public charity, the Archive receives no U.S. government funding; its budget is supported by publication royalties and donations from foundations and individuals.

 

 

The Criminalization of Everyday Life

The hulking vehicles, built for about $500,000 each at the height of the war, are among the biggest pieces of equipment that the Defense Department is giving to law enforcement agencies under a national military surplus program. (AP Photo/Mike Groll)

Sometimes a single story has a way of standing in for everything you need to know. In the case of the up-arming, up-armoring and militarization of police forces across the country, there is such a story. Not the police, mind you, but the campus cops at Ohio State University now possess an MRAP; that is, a $500,000, 18-ton, mine-resistant, ambush-protected armored vehicle of a sort used in the war in Afghanistan and, as Hunter Stuart of the Huffington Post reported, built to withstand “ballistic arms fire, mine fields, IEDs and nuclear, biological and chemical environments.” Sounds like just the thing for bouts of binge drinking and post-football-game shenanigans.

That MRAP came, like so much other equipment police departments are stocking up on — from tactical military vests, assault rifles and grenade launchers to actual tanks and helicopters – as a freebie via a Pentagon-organized surplus military equipment program. As it happens, police departments across the country are getting MRAPs like OSU’s, including the Dakota County Sheriff’s Office in Minnesota. It’s received one of 18 such decommissioned military vehicles already being distributed around that state. So has Warren County which, like a number of counties in New York state, some quite rural, is now deploying Afghan War-grade vehicles. (Nationwide, rural counties have received a disproportionate percentage of the billions of dollars’ worth of surplus military equipment that has gone to the police in these years.)

When questioned on the utility of its new MRAP, Warren County Sheriff Bud York suggested, according to the Post-Star, the local newspaper, that “in an era of terrorist attacks on US soil and mass killings in schools, police agencies need to be ready for whatever comes their way… The vehicle will also serve as a deterrent to drug dealers or others who might be contemplating a show of force.” So, breathe a sigh of relief, Warren County is ready for the next Al Qaeda-style show of force and, for those fretting about how to deal with such things, there are now 165 18-ton “deterrents” in the hands of local law enforcement around the country, with hundreds of requests still pending.

You can imagine just how useful an MRAP is likely to be if the next Adam Lanza busts into a school in Warren County, assault rifle in hand, or takes over a building at Ohio State University. But keep in mind that we all love bargains and that Warren County’s vehicle cost the department less than $10. (Yes, you read that right!) A cornucopia of such Pentagon “bargains” has, in the post-9/11 years, played its part in transforming the way the police imagine their jobs and in militarizing the very idea of policing in this country.

Just thinking about that MRAP at OSU makes me feel like I grew up in Neolithic America. After all, when I went to college in the early 1960s, campus cops were mooks in suits. Gun-less, they were there to enforce such crucial matters as “parietal hours.” (If you’re too young to know what they were, look it up.) At their worst, they faced what in those still civilianized (and sexist) days were called “panty raids,” but today would undoubtedly be seen as potential manifestations of a terrorist mentality. Now, if there is a sit-in or sit-down on campus, as infamously at the University of California, Davis, during the Occupy movement, expect that the demonstrators will be treated like enemies of the state and pepper-sprayed or perhaps immobilized with a stun gun. And if there’s a bona fide student riot in town, the cops will now roll out an armored vehicle (as they did recently in Seattle).

By the way, don’t think it’s just the weaponry that’s militarizing the police. It’s a mentality as well that, like those weapons, is migrating home from our distant wars. It’s a sense that the US, too, is a “battlefield” and that, for instance, those highly militarized SWAT teams spreading to just about any community you want to mention are made up of “operators” (a “term of art” from the special operations community) ready to deal with threats to American life.

Embedding itself chillingly in our civilian world, that battlefield is proving mobile indeed. As Chase Madar wrote for TomDispatch the last time around, it leads now to the repeated handcuffing of six- and seven-year-olds in our schools as mini-criminals for offenses that once would have been dealt with by a teacher or principal, not a cop, and at school, not in jail or court. Today, Madar returns to explain just how this particular nightmare is spreading into every crevice of American life. Tom

The Over-Policing of America

Police Overkill Has Entered the DNA of Social Policy

If all you’ve got is a hammer, then everything starts to look like a nail. And if police and prosecutors are your only tool, sooner or later everything and everyone will be treated as criminal. This is increasingly the American way of life, a path that involves “solving” social problems (and even some non-problems) by throwing cops at them, with generally disastrous results. Wall-to-wall criminal law encroaches ever more on everyday life as police power is applied in ways that would have been unthinkable just a generation ago.

By now, the militarization of the police has advanced to the point where “the war on crime” and “the war on drugs” are no longer metaphors but bland understatements. There is the proliferation of heavily-armed SWAT teams, even in small towns; the use of shock-and-awe tactics to bust small-time bookies; the no-knock raids to recover trace amounts of drugs that often result in the killing of family dogs, if not family members; and in communities where drug treatment programs once were key, the waging of a drug version of counterinsurgency war. (All of this is ably reported on journalist Radley Balko’s blog and in his book, The Rise of the Warrior Cop.) But American over-policing involves far more than the widely reported up-armoring of your local precinct. It’s also the way police power has entered the DNA of social policy, turning just about every sphere of American life into a police matter.

The School-to-Prison Pipeline

It starts in our schools, where discipline is increasingly outsourced to police personnel. What not long ago would have been seen as normal childhood misbehavior – doodling on a desk, farting in class, a kindergartener’s tantrum – can leave a kid in handcuffs, removed from school or even booked at the local precinct. Such “criminals” can be as young as seven-year-old Wilson Reyes, a New Yorker who was handcuffed and interrogated under suspicion of stealing five dollars from a classmate. (Turned out he didn’t do it.)

Though it’s a national phenomenon, Mississippi currently leads the way in turning school behavior into a police issue. The Hospitality State has imposed felony charges on schoolchildren for “crimes” like throwing peanuts on a bus. Wearing the wrong color belt to school got one child handcuffed to a railing for several hours. All of this goes under the rubric of “zero-tolerance” discipline, which turns out to be just another form of violence legally imported into schools.

Despite a long-term drop in youth crime, the carceral style of education remains in style. Metal detectors — a horrible way for any child to start the day — are installed in ever more schools, even those with sterling disciplinary records, despite the demonstrable fact that such scanners provide no guarantee against shootings and stabbings.

Every school shooting, whether in Sandy Hook, Connecticut, or Littleton, Colorado, only leads to more police in schools and more arms as well. It’s the one thing the National Rifle Association and Democratic senators can agree on. There are plenty of successful ways to run an orderly school without criminalizing the classroom, but politicians and much of the media don’t seem to want to know about them. The “school-to-prison pipeline,” a jargon term coined by activists, is entering the vernacular.

Go to Jail, Do Not Pass Go

Even as simple a matter as getting yourself from point A to point B can quickly become a law enforcement matter as travel and public space are ever more aggressively policed. Waiting for a bus? Such loitering just got three Rochester youths arrested. Driving without a seat belt can easily escalate into an arrest, even if the driver is a state judge. (Notably, all four of these men were black.) If the police think you might be carrying drugs, warrantless body cavity searches at the nearest hospital may be in the offing — you will be sent the bill later.

Air travel entails increasingly intimate pat-downs and arbitrary rules that many experts see as nothing more than “security theater.” As for staying at home, it carries its own risks as Harvard professor Henry Louis Gates found out when a Cambridge police officer mistook him for a burglar and hauled him away — a case that is hardly unique.

Overcriminalization at Work

Office and retail work might seem like an unpromising growth area for police and prosecutors, but criminal law has found its way into the white-collar workplace, too. Just ask Georgia Thompson, a Wisconsin state employee targeted by a federal prosecutor for the “crime” of incorrectly processing a travel agency’s bid for state business. She spent four months in a federal prison before being sprung by a federal court. Or Judy Wilkinson, hauled away in handcuffs by an undercover cop for serving mimosas without a license to the customers in her bridal shop. Or George Norris, sentenced to 17 months in prison for selling orchids without the proper paperwork to an undercover federal agent.

Increasingly, basic economic transactions are being policed under the purview of criminal law. In Arkansas, for instance, Human Rights Watch reports that a new law funnels delinquent (or allegedly delinquent) rental tenants directly to the criminal courts, where failure to pay up can result in quick arrest and incarceration, even though debtor’s prison as an institution was supposed to have ended in the 19th century.

And the mood is spreading. Take the asset bubble collapse of 2008 and the rising cries of progressives for the criminal prosecution of Wall Street perpetrators, as if a fundamentally sound financial system had been abused by a small number of criminals who were running free after the debacle. Instead of pushing a debate about how to restructure our predatory financial system, liberals in their focus on individual prosecution are aping the punitive zeal of the authoritarians. A few high-profile prosecutions for insider trading (which had nothing to do with the last crash) have, of course, not changed Wall Street one bit.

Criminalizing Immigration

The past decade has also seen immigration policy ingested by criminal law. According to another Human Rights Watch report — their US division is increasingly busy — federal criminal prosecutions of immigrants for illegal entry have surged from 3,000 in 2002 to 48,000 last year. This novel application of police and prosecutors has broken up families and fueled the expansion of for-profit detention centers, even as it has failed to show any stronger deterrent effect on immigration than the civil law system that preceded it. Thanks to Arizona’s SB 1070 bill, police in that state are now licensed to stop and check the papers of anyone suspected of being undocumented — that is, who looks Latino.

Meanwhile, significant parts of the US-Mexico border are now militarized (as increasingly is the Canadian border), including what seem to resemble free-fire zones. And if anyone were to leave bottled water for migrants illegally crossing the desert and in danger of death from dehydration, that good Samaritan should expect to face criminal charges, too. Intensified policing with aggressive targets for arrests and deportations are guaranteed to be a part of any future bipartisan deal on immigration reform.

Digital Over-Policing

As for the Internet, for a time it was terra nova and so relatively free of a steroidal law enforcement presence. Not anymore. The late Aaron Swartz, a young Internet genius and activist affiliated with Harvard University, was caught downloading masses of scholarly articles (all publicly subsidized) from an open network on the MIT campus. Swartz was federally prosecuted under the capacious Computer Fraud and Abuse Act for violating a “terms and services agreement” — a transgression that anyone who has ever disabled a cookie on his or her laptop has also, technically, committed. Swartz committed suicide earlier this year while facing a possible 50-year sentence and up to a million dollars in fines.

Since the summer, thanks to whistleblowing contractor Edward Snowden, we have learned a great deal about the way the NSA stops and frisks our (and apparently everyone else’s) digital communications, both email and telephonic. The security benefits of such indiscriminate policing are far from clear, despite the government’s emphatic but inconsistent assurances otherwise. What comes into sharper focus with every volley of new revelations is the emerging digital infrastructure of what can only be called a police state.

Sex Police

Sex is another zone of police overkill in our post-Puritan land. Getting put on a sex offender registry is alarmingly easy — as has been done to children as young as 11 for “playing doctor” with a relative, again according to Human Rights Watch. But getting taken off the registry later is extraordinarily difficult. Across the nation, sex offender registries have expanded massively, especially in California, where one in every 380 adults is now a registered sex offender, creating a new pariah class with severe obstacles to employment, housing or any kind of community life. The proper penalty for, say, an 18-year-old who has sex with a 14-year-old can be debated, but should that 18-year-old’s life really be ruined forever?

Equality Before the Cops?

It will surprise no one that Americans are not all treated equally by the police. Law enforcement picks on kids more than adults, the queer more than straight, Muslims more than Methodists – Muslims a lot more than Methodists — antiwar activists more than the apolitical. Above all, our punitive state targets the poor more than the wealthy and blacks and Latinos more than white people.

A case in point: after the 1999 massacre at Columbine High School, a police presence, including surveillance cameras and metal detectors, was ratcheted up at schools around the country, particularly in urban areas with largely working-class black and Latino student bodies. It was all to “protect” the kids, of course. At Columbine itself, however, no metal detector was installed and no heavy police presence intruded. The reason was simple. At that school in the Colorado suburb of Littleton, the mostly well-heeled white families did not want their kids treated like potential felons and they had the status and political power to get their way. But communities without such clout are less able to push back against the encroachments of police power.

Even Our Prisons Are Over-Policed

The over-criminalization of American life empties out into our vast, overcrowded prison system, which is itself over-policed. The ultimate form of punitive control (and torture) is long-term solitary confinement, in which 80,000 to 100,000 prisoners are encased at any given moment. Is this really necessary? Solitary is no longer reserved for the worst or the worst or most dangerous prisoners but can be inflicted on ones who wear Rastafari dreadlocks, have a copy of Sun Tzu’s Art of War in their cell or are in any way suspected, no matter how tenuous the grounds, of gang affiliations.

Not every developed nation does things this way. Some 30 years ago, Great Britain shifted from isolating prisoners to, whenever possible, giving them greater responsibility and autonomy — with less violent results. But don’t even bring the subject up here. It will fall on deaf ears.

Extreme policing is exacerbated by extreme sentencing. For instance, more than 3,000 Americans have been sentenced to life terms without chance of parole for nonviolent offenses. These are mostly but not exclusively drug offenses, including life for a pound of cocaine that a boyfriend stashed in the attic; selling LSD at a Grateful Dead concert; and shoplifting three belts from a department store.

Our incarceration rate is the highest in the world — triple that of the now-defunct East Germany. The incarceration rate for African-American men is about five times higher than that of the Soviet Union at the peak of the gulag.

The Destruction of Families

Prison may seem the logical finale for this litany of over-criminalization, but the story doesn’t actually end with those inmates. As prisons warehouse ever more Americans, often hundreds of miles from their local communities, family bonds weaken and disintegrate. In addition, once a parent goes into the criminal justice system, his or her family tends to end up on the radar screens of state agencies. “Being under surveillance by law enforcement makes a family much more vulnerable to Child Protective Services,” says Professor Dorothy Roberts of the University of Pennsylvania Law school. An incarcerated parent, especially an incarcerated mother, means a much stronger likelihood that children will be sent into foster care, where, according to one recent study, they will be twice as likely as war veterans to suffer from PTSD.

In New York State, the Administration for Child Services and the juvenile justice system recently merged, effectively putting thousands of children in a heavily policed, penalty-based environment until they age out. “Being in foster care makes you much more vulnerable to being picked up by the juvenile justice system,” says Roberts. “If you’re in a group home and you get in a fight, that could easily become a police matter.” In every respect, the creeping over-criminalization of everyday life exerts a corrosive effect on American families.

Do We Live in a Police State?

The term “police state” was once brushed off by mainstream intellectuals as the hyperbole of paranoids. Not so much anymore. Even in the tweediest precincts of the legal system, the over-criminalization of American life is remarked upon with greater frequency and intensity. “You’re probably a (federal) criminal” is the accusatory title of a widely read essay co-authored by Judge Alex Kozinski of the 9th Circuit of the US Court of Appeals. A Republican appointee, Kozinski surveys the morass of criminal laws that make virtually every American an easy target for law enforcement. Veteran defense lawyer Harvey Silverglate has written an entire book about how an average American professional could easily commit three felonies in a single day without knowing it.

The daily overkill of police power in the US goes a long way toward explaining why more Americans aren’t outraged by the “excesses” of the war on terror, which, as one law professor has argued, are just our everyday domestic penal habits exported to more exotic venues. It is no less true that the growth of domestic police power is, in this positive feedback loop, the partial result of our distant foreign wars seeping back into the homeland (the “imperial boomerang” that Hannah Arendt warned against).

Many who have long railed against our country’s everyday police overkill have reacted to the revelations of NSA surveillance with detectable exasperation: of course we are over-policed! Some have even responded with peevish resentment: Why so much sympathy for this Snowden kid when the daily grind of our justice system destroys so many lives without comment or scandal? After all, in New York, the police department’s “stop and frisk” tactic, which targets African-American and Latino working-class youth for routinized street searches, was until recently uncontroversial among the political and opinion-making class. If “the gloves came off” after September 11, 2001, many Americans were surprised to learn they had ever been on to begin with. More

 

 

 

 

Geneva beckons Rolph Payet – Seychelles environment and energy minister lands top UN post

(Seychelles News Agency) – Seychelles Minister for Environment and Energy, Professor Rolph Payet has been appointed the new Executive Secretary of the Basel, Rotterdam and Stockholm Conventions by the United Nations Secretary General Ban Ki-moon.


Announcing the appointment in a press statement this afternoon, State House said Payet will contribute to the implementation of the mandates and missions of those three conventions including the formulation of their overall strategies and policies.

“He will also act in an advisory capacity to the UNEP Executive Director and the Presidents and the Bureaus of the conventions as well as their subsidiary bodies,” reads the statement.

The environment minister’s role will also include coordinating the preparation of the meetings and implement the substantive work programme of the conventions, including providing assistance to parties, in particular developing country parties and those with economies in transition.

He will also lead the development of strategies and policies and undertake fund raising and donor reporting, the strategic interagency work of the Secretariat in close coordination with UNEP and other Multilateral Environmental Agreements.

Responding to SNA in an email following this afternoon’s announcement, Payet said he is deeply honoured of such confidence in him to lead the conventions.

“I am equally happy that I have been chosen, coming from a Small Island Developing States, during this year dedicated to SIDS. My appointment represents the hard work of President James Michel and the government of Seychelles to continuously push so that Seychelles remains a leader in environment on the international scene. I will miss my work and even though I will be away from Seychelles I will continue to work for the benefit of my country,” he said.

Payet will take up his new post in October this year and he will be based in Geneva.

He will replace Kerstin Stendahl from Finland, who has been serving as interim since April this year following the retirement of US national Jim Willis as the Executive Director of the Basel, Rotterdam and Stockholm Conventions.

The Basel, Rotterdam and Stockholm Conventions.

The first convention is aimed at protecting human health and the environment from the effects of hazardous wastes.

This convention was adopted in 1989 and it entered into force in 1992.

The Rotterdam Convention, which entered into force ten years ago, also deals with the disposal of waste especially pesticides and industrial chemicals.

The third one, the Stockholm Convention which also came into force 10 years ago is a global treaty to protect human health and the environment from chemicals that remain intact in the environment for long periods. The latter or POPs is said to have serious consequences on humans and wildlife.

Seychelles president hails Payet’s appointment as “a memorable achievement.”

Seychelles President James Michel has hailed Payet’s appointment which he describes as “a memorable achievement.”

In a congratulatory message sent to the minister, Michel has wished him success in his new role and expressed his full cooperation and support in his tasks and challenges that lie ahead.

“Your appointment to this high office is a well-deserved recognition of your scientific and academic capabilities and crowns a professional life devoted to the environment and to the cause of Small Island Developing States. It also brings immense pride and satisfaction to Seychelles,” said Michel in the statement.

Michel said he would announce a new minister for environment and energy at a later date.

Payet and the environment cause

The 46 year old leaves vacant the portfolio of Environment and Energy which he assumed in March 2012.

Before that he was Special Advisor to the president on numerous environmental matters including sustainable development, biodiversity, climate change, energy and international environment policy

Payet who holds a Phd in Environmental Science from Linnaeus University of which is now an Associate Professor, is described as a leader in the protection of the environment on the international scene.

He has been at the forefront of several international discussions on issues affecting small islands developing states such as climate change, sustainable development, biodiversity and other environmental issues.

In recent years, he has been invited to participate or as a guest speaker on numerous international conference committees and panels including the United Nations General Assembly.

He has also contributed widely towards several publications on environmental issues.

Payet’s work in advancing environment, islands, ocean, biodiversity and climate issues at the global level has earned him numerous international awards and recognition.

In January 2007, he was recognised as a Young Global Leader by the World Economic Forum and in November that same year he shared in the IPCC Nobel Peace Prize as one of the authors of the Intergovernmental Panel on Climate Change (IPCC).

Locally, Payet has also helped to set up Seychelles first university, the University of Seychelles which was set up in September 2009. He is currently the pro chancellor of the university. More

 

 

Water Efficiency in a Global Crisis

Listen to the headlines and you will hear more and more frequent anecdotal evidence of the crisis facing our global fresh water supply. Only 3 percent of the water on earth is fresh, and of that some 2 percent is locked in the polar ice caps, thus leaving us with the astonishing conclusion that the entire population on earth is reliant on 1 percent of the available water worldwide to sustain its fundamental need.

That need is universal; each of us — no matter who we are, what we earn, or where we live — should consume at least two quarts of water per day to sustain basic daily physical health. According to the World Health Organization, an individual requires 18 gallons a day to provide medium term maintenance to include drinking, cooking, personal hygiene, washing clothes, cleaning homes, growing food, and sanitation and waste disposal.

There is an apocryphal story of a proposed reality television show focusing on water use of a middle-class American family of two adults and three children. The value entertainment was to derive from the inter-personal consequences of reliance on the minimal supply to meet the profligate use of water in the United States for domestic uses only. The trial was a disaster as the family chosen could not subsist a week on these conditions, deprived of infinite supply for cooking, showers, dishwashers and washing machines, lawn and garden watering, without serious negative psychological effect, inter-family conflict, and rejection of the experiment.

The headlines speak of water shortages everywhere, in large amounts, and in many forms. We read of cities closing down their water systems because of toxic run-off, of the poisoned water from fracking oil wells that leak into watersheds, streams, and rivers; of droughts that evaporate available water and radically decrease supply for irrigation of industrial farms and orchards; of wildfires that cannot be contained because there is no available water to fight them. There are many more examples; add them all up and you have a water crisis that threatens rich and poor everywhere in the world, has serious financial implications now and for the future, destroys communities, and indeed becomes a context for conflict.

All this threatens total supply and must force us to re-think how we manage the efficiency of our water use. Certain changes seem obvious: becoming more aware of the problem and modify personal use by turning off faucets, shortening showers, collecting rain water for gardens, not washing the car, replacing old appliances with conservation-certified new ones, and understanding that every gallon wasted by indifference is a gallon gone and irreplaceable for you or anyone else.

Individual actions can, of course, be scaled up by government actions and regulations. The Alliance for Water Efficiency, for example, exists as an authoritative voice for water conservation in North America, informs and advocates for the development of state and municipal laws, codes, and standards, and supports a national partnership with the US Environmental Protection Agency called “WaterSense” that promotes best water conservation management practices for homes, hotels, factories, businesses, treatment plants and water distribution infrastructure, and rewards the best examples of the most efficient water conservation technologies.

But this is nowhere near enough. Water consciousness must improve dramatically at all levels of society to enable us to recycle water effectively, to divert treated water to alternative use, to channel urban run-off from roofs and storm systems back into the usable water supply, to revolutionize our agricultural irrigation practices that today consume a vast majority of water resources worldwide, and regulate any and all industrial or extraction behavior that continues to pollute our waterways with harmful pollutants and poisons with unacceptable local health and downstream consequences.

And yet, in the United States at least, determined politicians are attempting to reverse any such intelligent controls by diluting or over-turning clean water laws and regulations already established in the name of protecting threatened corporate interests, denying the role of government to regulate destructive practice, and sustaining the status quo. Wouldn’t it be interesting to put those representative lawmakers in a situation like that American family? Where they would have to live together, with of their individual hypocrisies, compromised decisions, and destructive political ideologies? I wonder how long they would last having to live together up close and personal in today’s global fresh water crisis? More

Follow Peter Neill on Twitter: www.twitter.com/the_w2o

Going Wild in the Gaza War – by Sandy Tolan

The carnage in the Gaza Strip has been horrendous: more than 1,900 dead, mainly civilians; its sole power plant destroyed (and so electricity and water denied and a sewage disaster looming); 30,000 to 40,000 homes and buildings damaged or destroyed; hundreds of thousands of residents put to flight with nowhere to go; and numerous U.N. schools or facilities housing some of those refugees hit by Israeli firepower.

And then there was the evident targeting by the Israelis of the Gazan economy itself: 175 major factories taken out, according to the New York Times, in a place that already had an estimated unemployment rate of 47%.

The last weeks represent the latest episode in a grim, unbalanced tale of the destructive urges of both the Israeli government and Hamas, in a situation in which the most fundamental thing has been the desire to punish civilians. Worse yet, indiscriminate assaults on civilian populations create the basis for more of the same — fiercer support in Israel for governments committed to ever worse actions and ever more recruits for Hamas or successor organizations potentially far worse and more fundamentalist), and of course more children traumatized and primed for future acts of terror and revenge.

Think of it as the Middle Eastern equivalent of a self-fulfilling prophecy, which means it hardly even qualifies as a prediction to say that Israel’s violent and punishing acts against the civilian population of Gaza will settle nothing whatsoever. In fact, for the Israelis, as Sandy Tolan suggests today, the Gazan War of 2014 may prove a defeat, both in the arena of global opinion (U.S. polls show that young Americans are ever more sympathetic to the Palestinians and disapproving of Israeli actions) and in relation to Hamas itself. History indicates that air strikes and other attacks meant to break the “will” of a populace, and so of a movement’s hold on it, generally only create more support.

These have been the days of the whirlwind in Gaza and in Israel, but don’t stop there. If you want a hair-raising experience, put these events in a larger regional context.

Following 9/11, the Bush administration and its neocon supporters dubbed the area that stretched from North Africa to Central Asia “the Greater Middle East” and referred to that vast expanse as “the arc of instability.” At the time, despite their largely Muslim populations, the nations of that sprawling region had relatively little in common; nor, on the whole, was it particularly unstable, even if the roiling Israeli-Palestinian situation already sat at its heart.

Ruled largely by strongmen and autocrats, those nations remained in a grim post-Cold War state of stasis. Three American interventions — in Afghanistan (2001), Iraq (2003), and Libya (2011) — blew holes through the region, sparking bitter inter-ethnic and religious conflict, as well as an Arab Spring (largely suppressed by now), while transforming most of the Greater Middle East into a genuine arc of instability. Today, what's happening there qualifies as the perfect maelstrom, as yet more states and groups, insurgent, extremist, or otherwise, are drawn into its maw of destruction.

To start on the eastern reaches of the Greater Middle East, Pakistan is now a destabilized democracy with a fierce set of fundamentalist insurgencies operating within and from its territory; Afghanistan is an almost 13-year nation-building disaster where the Taliban is resurgent and, in the latest “insider attack” at its top military academy, an Afghan soldier considered an American “ally” managed to kill a U.S. major general sent to the country to help “stand up” its security forces. Iraq is a tripartite disaster area in which another American-trained and -equipped army stood down rather than up and in which an extreme al-Qaeda offshoot, the Islamic State (IS) is at the moment ascendant. It has routed Iraqi and Syrian forces, and most recently, the supposedly fierce Kurdish pesh merga militia in northern Iraq, while endangering the Kurdish capital and possibly seizing the country’s largest dam. Turkish and Syrian Kurdish insurgents are being drawn into the fight in Iraq, as once again is the U.S.

Syria itself is no longer a country at all, but a warring set of extremist outfits facing what’s left of the patrimony (and military) of the al-Assad family. In Lebanon last week, regular army units found themselves battling IS extremists and their captured American tanks for the control of a border town. In Egypt, the military is back in power atop a disintegrating economy. In Libya, the chaos following the U.S./NATO intervention that led to the fall of autocrat Muammar Gaddafi never ended. Recently, factional militias fighting in Tripoli, the capital, managed to destroy its international airport, while diplomatic missions, including the U.S. one, were withdrawn in haste, and now the Egyptians are threatening an intervention of their own. Meanwhile, reverberations from the chaos in Libya have been spreading across North Africa and heading south. Only Iran (eternally under threat from the U.S. and Israel), Saudi Arabia (which helped bankroll the rise of the IS), and the Gulf States seem to have remained — thus far — relatively aloof from the chaos.

In sum, the vast region the Bush people so blithely called the arc of instability seems to be heading for utter chaos or a mega-conflict, while the predicted “cakewalk” of American forces into Iraq managed, in barely a moment in historical time, to essentially obliterate the regional borders set up by the European colonial powers after World War I. In other words, a world is being unified in turmoil and extremism, as thousands die and millions are uprooted from their homes, and all of this now surrounds the volatile, still destabilizing center that is the Palestinian/Israeli nightmare. There, as Sandy Tolan, a TomDispatch regular and the author of The Lemon Tree: An Arab, a Jew, and the Heart of the Middle East, points out, both Tel Aviv and Washington have, in recent years, ignored every chance to take a less violent path and so encouraged the arrival of the maelstrom. Tom – Follow TomDispatch on Twitter @TomDispatch.

Blown Chances in Gaza
Israel and the U.S. Miss Many Chances to Avoid War
By Sandy Tolan

Alongside the toll of death and broken lives, perhaps the saddest reality of the latest Gaza war, like the Gaza wars before it, is how easy it would have been to avoid. For the last eight years, Israel and the U.S. had repeated opportunities to opt for a diplomatic solution in Gaza. Each time, they have chosen war, with devastating consequences for the families of Gaza.

Let’s begin in June 2006, when the University of Maryland’s Jerome Segal, founder of the Jewish Peace Lobby, carried a high-level private message from Gaza to Washington. Segal had just returned from a meeting with Ismail Haniyeh, whose Hamas faction had recently won free and fair elections and taken power in Gaza. Hamas was seeking a unity government with the rival Fatah faction overseen by Mahmoud Abbas.

The previous year, Israel had withdrawn its soldiers and 8,000 settlers from Gaza, though its armed forces maintained a lockdown of the territory by air, land, and sea, controlling the flow of goods and people. Gazans believed they were trapped in the world’s largest open-air prison. For generations they had lived in overcrowded refugee camps, after their villages were depopulated by Israel and new Israeli cities built on their ruins in the years that followed Israel’s birth in 1948. By voting for Hamas in 2006, Palestinians signaled their weariness with Fatah’s corruption and its failure to deliver an independent state, or even a long-promised safe passage corridor between the West Bank and Gaza. In the wake of its surprise election victory, Hamas was in turn showing signs of edging toward the political center, despite its militant history.

Nevertheless, Israel and “the Quartet” — the U.S., the European Union, Russia, and the U.N. — refused to recognize the outcome of the democratic elections, labeling Hamas a “terrorist organization,” which sought Israel’s destruction. The administration of George W. Bush strongly pressured Abbas not to join a unity government. The Quartet suspended economic aid and Israel severely curtailed the flow of goods in and out of Gaza.

“It’s like meeting with a dietician,” remarked Dov Weisglass, a top aide to Israeli Prime Minister Ariel Sharon. “We have to make [Gazans] much thinner, but not enough to die.” Only years later did researchers prove that Weisglass was speaking literally: Israeli officials had restricted food imports to levels below those necessary to maintain a minimum caloric intake. Child welfare groups began to report a sharp rise in poverty and chronic child malnutrition, anemia, typhoid fever, and potentially fatal infant diarrhea. Human rights organizations denounced the measures as collective punishment. Avi Shlaim, a veteran of the Israeli army, author of numerous books on Middle East history, and professor of international relations at the University of Oxford, wrote:

“America and the EU [European Union] shamelessly joined Israel in ostracizing and demonizing the Hamas government and in trying to bring it down by withholding tax revenues and foreign aid. A surreal situation thus developed with a significant part of the international community imposing economic sanctions not against the occupier but against the occupied, not against the oppressor but against the oppressed. As so often in the tragic history of Palestine, the victims were blamed for their own misfortunes.”

These punitive measures were to remain in place until Hamas renounced violence (including stopping its cross-border rocket attacks), recognized Israel, and accepted all previous agreements based on the Oslo peace accords.

Which brings us back to that Washington-bound letter from Gaza. In the wake of the elections, Hamas was no longer the militant opposition to a ruling Fatah party, but a legally elected government operating under siege. Hamas leader Ismail Haniyeh, suddenly responsible for governing and facing a mounting economic, humanitarian, and political catastrophe, sought to defuse the situation. In his June 2006 hand-written note to President Bush that Jerome Segal delivered to the State Department and the National Security Council, he requested a direct dialogue with the administration.

Despite Hamas’s charter calling for the elimination of Israel, Haniyeh’s conciliatory note to the American president conveyed a different message. “We are so concerned about stability and security in the area that we don't mind having a Palestinian state in the 1967 borders and offering a truce for many years,” Haniyeh wrote to Bush. This essentially added up to an offer ofde facto recognition of Israel with a cessation of hostilities — two of the key U.S. and Israeli demands of Hamas.

“The continuation of this situation,” Haniyeh wrote to Bush, “will encourage violence and chaos in the whole region.”

A few lonely voices in the U.S. and Israel urged that the moment be seized and Hamas coaxed toward moderation. After all, Israel itself had been birthed in part by the Irgun and Stern Gang (or Lehi), groups considered terrorist by the British and the U.N. In the years before Israel’s birth, they had been responsible for a horrific massacre in the Palestinian village of Deir Yassin and the Irgun bombing of the King David Hotel, killing 91 people. Leaders of the two organizations, Menachem Begin and Yitzhak Shamir, later became prime ministers of Israel. Similarly, Yasser Arafat, whose Palestine Liberation Organization was considered a terrorist group by Israel and the West, recognized Israel’s right to exist in a pivotal 1988 speech, paving the way for the Oslo peace process. More

 

US Leaders Aid and Abet Israeli War Crimes, Genocide & Crimes against Humanity – Jurist

 

By sending vast amounts of military aid to Israel, members of the US Congress, President George W. Bush, President Barack Obama and Defense Secretary Chuck Hagel have aided and abetted the commission of war crimes, genocide and crimes against humanity by Israeli officials and commanders in Gaza.


An individual can be convicted of a war crime, genocide or a crime against humanity in the International Criminal Court (ICC) if he or she “aids, abets or otherwise assists” in the commission or attempted commission of the crime, “including providing the means for its commission.”

There is growing evidence that Israeli leaders and commanders have committed the following war crimes, genocide and crimes against humanity as defined in the Rome Statute for the ICC. US military aid has aided, abetted and assisted the commission of these crimes by providing Israel with the military means to commit them.

During Operation Protective Edge, Israeli forces again used the Dahiye Doctrine, which, according to the UN Human Rights Council [Goldstone] Report [PDF], involves “the application of disproportionate force and causing of great damage and destruction to civilian property and infrastructure, and suffering to civilian populations.”

A summary of Israeli leaders' extensive crimes is presented below.

US military aid to Israel

According to the Congressional Research Service, in 2007, the Bush Administration agreed to provide Israel with $30 billion [PDF] in military assistance from 2009 to 2018, provided in annual increments of $3.1 billion. During his March 2013 visit to Israel, Obama pledged that the US would continue to provide Israel with multi-year commitments of military aid subject to the approval of Congress.

Since 2012, the US has sent $276 million worth of weapons and munitions to Israel, not including exports of military transport equipment and high technologies. From January to May 2014, the US transferred to Israel almost $27 million for rocket launchers, $9.3 million worth of parts of guided missiles and nearly $762,000 for bombs, grenades and munitions of war.

On July 20, 2014, Israel requested additional ammunition, including 140mm tank rounds and 40mm illumination grenades, and the Defense Department approved the sale three days later. It came from a $1 billion stockpile of ammunition the US military stores in Israel for that country's use; it is called War Reserve Stockpile Ammunition-Israel. In early August 2014, both houses of Congress overwhelmingly passed, and Obama signed, an appropriation of $225 billion for Israel's Iron Dome missile defense system, which has also been used in Gaza. The Senate vote was unanimous. With no debate, the House of Representatives voted 395 to 8 to approve the deal.

Here is a summary of the crimes, as defined in the Rome Statute, Israeli leaders have committed and US leaders have aided and abetted:

War crimes

(1) Willful killing: Israeli forces have killed nearly 2,000 Palestinians (more than 400 children and over 80% civilians). Israel used 155-millimeter artillery, which, according to Human Rights Watch, is “utterly inappropriate in a densely populated area, because this kind of artillery is considered accurate if it lands anyplace within a 50-meter radius.”

(2) Willfully causing great suffering or serious injury to body or health: Nearly 10,000 people, 2,500 of them children, have been wounded. Naban Abu Shaar told the Daily Beast that the dead bodies from what appeared to be a “mass execution” in Khuza'a looked like they were “melted” and were piled on top of each other; assault rifle bullet casings found in the house were marked “IMI” (Israel Military Industries). UNICEF said the Israeli offensive has had a “catastrophic and tragic impact” on children in Gaza; about 373,000 children have had traumatic experiences and need psychological help. The UN Relief and Works Agency for Palestine Refugees (UNRWA) said: “There's a public health catastrophe going on. You know, most of the medical facilities in Gaza are non-operational.”

(3) Unlawful and wanton, extensive destruction and appropriation of property not justified by military necessity: Tens of thousands of Palestinians have lost their homes. More than 1,300 buildings were destroyed and 752 were severely damaged. Damage to sewer and water infrastructure has affected two-thirds of Gazans. On July 20, Israeli forces virtually flattened the small town of Khuza'a; one man counted 360 shell attacks in one hour. Reconstruction of Gaza is estimated to cost $6 billion. Israel shrunk Gaza's habitable land mass by 44 percent, establishing a 3 km “no-go” zone for Palestinians; 147 square miles of land will be compressed into 82 square miles. Oxfam described the level of destruction as “outrageous … much worse than anything we have seen in previous [Israeli] military operations.”

(4) Willfully depriving a prisoner of war or a civilian the rights of fair and regular trial: Nearly 2,000 Palestinians were arrested by Israeli forces during July 2014, according to the Palestinian Prisoners Center for Studies. Prisoners include 15 members of the Palestinian Legislative Council, about 240 children, dozens of women, journalists, activists, academics and 62 former prisoners previously released in a prisoner exchange. Israeli forces executed many prisoners after arrest, either by directly firing on them, refusing to allow treatment or allowing them to bleed to death. More than 445 prisoners are being held without charge or trial under administrative detention.

(5) Intentionally directing attacks against the civilian population, civilian objects, or humanitarian vehicles, installations and personnel: “The civilian population in the Gaza Strip is under direct attack,” reads a joint declaration of over 150 international law experts. Israeli forces violated the principle of “distinction,” which forbids deliberate attacks on civilians or civilian objects. Israeli forces bombed 142 schools (89 run by the UN), including six UN schools in which civilians were taking refuge. Israeli forces shot and killed fleeing civilians (warnings, which must effectively give civilians time to flee before bombing, do not relieve Israel from its legal obligations not to target civilians). Israeli forces repeatedly bombed Gaza's only power plant and other infrastructure, which are “beyond repair.” Israeli forces bombed one-third of Gaza's hospitals, 14 primary healthcare clinics and 29 ambulances. At least five medical staff were killed and tens of others were injured.

(6) Intentionally launching attacks with knowledge they will cause incidental loss of life or injury to civilians or damage to civilian objects or long-term severe damage to the natural environment, if they are clearly excessive in relation to the anticipated military advantage: The principle of “proportionality” forbids disproportionate and excessive civilian casualties compared to the claimed military advantage gained in the attack. The Dahiye Doctrine directly violates this principle. Responding to Hamas' rockets with 155-millimeter artillery is disproportionate. Although nearly 2,000 Palestinians (over 80 percent civilians) have been killed, 67 Israelis (all but three of them soldiers) have been killed. The coordinates of all UN facilities were repeatedly communicated to the Israeli forces; they nevertheless bombed them multiple times. Civilians were attacked in Shuja'iyyah market.

(7) Attacking or bombarding undefended towns, villages, dwellings or buildings, or intentionally attacking religious, educational and medical buildings, which are not military objectives: On July 20, Israeli forces virtually flattened the small town of Khuza'a; one man counted 360 shell attacks in one hour. Israeli forces bombed 142 schools (89 run by the UN), one-third of Gaza's hospitals, 14 primary healthcare clinics, and 29 ambulances. Israeli shelling completely destroyed 41 mosques and partially destroyed 120 mosques.

Genocide

(a) With the intent to destroy, in whole or in part, a national, ethnical, racial or religious group: Palestinians, including primarily civilians, and Palestinian infrastructure necessary to sustain life were deliberately targeted by Israeli forces.

(b) The commission of any of the following acts

(i) killing members of the group: Israeli forces killed nearly 2,000 Palestinians.

(ii) causing serious bodily or mental harm to members of the group: Israeli forces wounded 10,000 Palestinians.

(iii) deliberately inflicting on the group conditions of life calculated to bring about its destruction in whole or in part: Israeli forces devastated Gaza's infrastructure, knocking out Gaza's only power plant, and destroying homes, schools, buildings, mosques and hospitals.

Crimes against humanity

(A) The commission of murder as part of a widespread or systematic attack against any civilian population: Israeli forces relentlessly bombed Gaza for one month, killing nearly 2,000 Palestinians, more than 80 percent of whom were civilians. Israeli forces intentionally destroyed Gaza's infrastructure, knocking out Gaza's only power plant, and destroying homes, schools, buildings, mosques and hospitals.

(B) Persecution against a group or collectivity based on its political, racial, national, ethnic or religious character, as part of a widespread or systematic attack against any civilian population: Israeli forces killed, wounded, summarily executed, and administratively detained Palestinians, Hamas forces and civilians alike. Israel forces intentionally destroyed the infrastructure of Gaza, populated by Palestinians. UN Secretary General Ban Ki-moon said: “the massive death and destruction in Gaza have shocked and shamed the world.” He added the repeated bombing of UN shelters facilities in Gaza was “outrageous, unacceptable and unjustifiable.”

(C) The crime of apartheid (inhumane acts committed in the context of an institutional regime of systematic oppression and domination by one racial group over another racial group, with the intent to maintain that regime): Ali Hayek, head of Gaza's federation of industries representing 3,900 businesses that employ 35,000 people, said: “After 30 days of war, the economic situation has become, like, dead. It seems the occupation intentionally destroyed these vital factories that constitute the backbone of the society.” Israel maintains an illegal barrier wall that encroaches on Palestinian territory and builds illegal Jewish settlements on Palestinian lands. Israel keeps Gazans caged in what many call “the world's largest open air prison.” Israel controls all ingress and egress to Gaza, limits Gazans' access to medicine, subjects Palestinians to arbitrary arrest, expropriates their property, maintains separate areas and roads, segregated housing, different legal and educational systems for Palestinians and Jews and prevents mixed marriages. Only Jews, not Palestinians, have the right to return to Israel-Palestine.

Collective punishment

Although the Rome Statute does not include the crime of collective punishment, it is considered a grave breach of the Fourth Geneva Convention, which constitutes a war crime. Collective punishment means punishing a civilian for an offense he or she has not personally committed; it forbids reprisals against civilians and their property (civilian objects).

Ostensibly to rout out Hamas fighters, Israel has wreaked unprecedented devastation on the people of Gaza, killing nearly 2,000 people (more than 80 percent of them civilians) and destroying much of the infrastructure of Gaza. This constitutes collective punishment.

On August 5, 2014, veteran Israeli military advisor Giora Eiland advocated collective punishment of Gaza's civilian population, saying: “In order to guarantee our interests versus the other side's demands, we must avoid the artificial, wrong and dangerous distinction between the Hamas people, who are 'the bad guys,' and Gaza's residents, which are allegedly 'the good guys.'” That is precisely the strategy Israel has employed during Operation Protective Edge.

Israel's occupation of Palestinian lands also constitutes collective punishment. Israel maintains effective control over Gaza's land, airspace, seaport, electricity, water, telecommunications and population registry. Israel deprives Gazans of food, medicine, fuel and basic services.

Prospects for criminal accountability

Both Israel and the US have refused to ratify the Rome Statute. But if Palestine were a party to the statute, the ICC could exercise jurisdiction over crimes committed by Israelis and Americans in Palestinian territory. The ICC could also take jurisdiction if the UN Security Council refers the matter to the ICC, or if the ICC prosecutor initiates an investigation of the crime. The US would veto any Security Council referral to the ICC. And the ICC prosecutor has not initiated an investigation. So the question is whether Palestine can ratify the statute, thereby becoming a party to the ICC.

In 2009, the Palestinian National Authority filed a declaration [PDF] with the ICC accepting the court's jurisdiction. In 2012, the UN General Assembly overwhelmingly recognized Palestine as a non-member observer state. During the present war, the Palestinian minister of justice and the deputy minister of justice both submitted documents to the ICC indicating that the 2009 declaration is still valid. On August 5, 2014, the Palestinian minister of foreign affairs met with officials from the ICC and inquired about the procedures for Palestine to become a party to the statute.

On July 25, 2014, a French lawyer filed a complaint with the ICC on behalf of the Palestinian justice minister. Citing Israel's military occupation of Palestinian territories, Israel's blockade of the Gaza Strip and the ongoing military operations there, the complaint alleges that Israel committed war crimes and other crimes. The Palestinian government has not formally commented on this complaint.

On July 23, 2014, the UN Human Rights Council established a commission of inquiry into Israeli violations of international human rights and international humanitarian law. The resolution also called on parties to the Fourth Geneva Convention to convene and respond to the alleged violations. That convention requires parties to prosecute violators. Countries can bring foreign nationals to justice for war crimes, genocide and crimes against humanity under the well-established doctrine of universal jurisdiction. Genocide charges could also be brought under the Genocide Convention, to which both Israel and the United States are parties. That convention also punishes complicity in genocide; US leaders' provision of military aid would constitute complicity.

Although the Israeli and US governments continue to maintain that Israel has only acted in self-defense against Hamas' terrorism, the weight of world opinion points in the opposite direction. There is overwhelming opposition to Israeli aggression in Gaza and calls for justice and accountability.

Both Israeli and US leaders must be criminally prosecuted for committing and aiding and abetting these crimes.

Marjorie Cohn is a professor at Thomas Jefferson School of Law, deputy secretary general of the International Association of Democratic Lawyers, and a former president of the National Lawyers Guild. Her next book, “Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues,” will be published in September.

Suggested Citation: Marjorie Cohn, US Leaders Aid and Abet Israeli War Crimes, Genocide & Crimes against Humanity, JURIST – Forum, August 8, 2014, http://jurist.org/forum/2014/08/marjorie-cohn-israel-crimes.php.