#BentBritain: #UK admits unlawfully monitoring legally privileged communications!

UK admits unlawfully monitoring legally privileged communications ~ and , The Guardian, Wednesday 18 February 2015.

Intelligence agencies have been monitoring conversations between lawyers and their clients for past five years, government admits

Abdul Hakim Belhaj and Sami al Saadi
The admission comes ahead of a legal challenge brought on behalf of two Libyans, Abdel-Hakim Belhaj and Sami al-Saadi, over allegations that security services unlawfully intercepted their communications with lawyers.  Photograph: PA & AFP

The regime under which UK intelligence agencies, including MI5 and MI6, have been monitoring conversations between lawyers and their clients for the past five years is unlawful, the British government has admitted.

The admission that the activities of the security services have failed to comply fully with human rights laws in a second major area – this time highly sensitive legally privileged communications – is a severe embarrassment for the government.

It follows hard on the heels of the British court ruling on 6 February declaring that the regime surrounding the sharing of mass personal intelligence data between America’s national security agency and Britain’s GCHQ was unlawful for seven years.

The admission that the regime surrounding state snooping on legally privileged communications has also failed to comply with the European convention on human rights comes in advance of a legal challenge, to be heard early next month, in which the security services are alleged to have unlawfully intercepted conversations between lawyers and their clients to provide the government with an advantage in court.

The case is due to be heard before the Investigatory Powers Tribunal (IPT). It is being brought by lawyers on behalf of two Libyans, Abdel-Hakim Belhaj and Sami al-Saadi, who, along with their families, were abducted in a joint MI6-CIA operation and sent back to Tripoli to be tortured by Muammar Gaddafi’s regime in 2004.

A government spokesman said: “The concession the government has made today relates to the agencies’ policies and procedures governing the handling of legally privileged communications and whether they are compatible with the European convention on human rights.

“In view of recent IPT judgments, we acknowledge that the policies adopted since [January] 2010 have not fully met the requirements of the ECHR, specifically article 8 (right to privacy). This includes a requirement that safeguards are made sufficiently public.

“It does not mean that there was any deliberate wrongdoing on their part of the security and intelligence agencies, which have always taken their obligations to protect legally privileged material extremely seriously. Nor does it mean that any of the agencies’ activities have prejudiced or in any way resulted in an abuse of process in any civil or criminal proceedings.”

He said that the intelligence agencies would now work with the interception of communications commissioner to ensure their policies satisfy all of the UK’s human rights obligations.

Cori Crider, a director at Reprieve and one of the Belhaj family’s lawyers said: “By allowing the intelligence agencies free reign to spy on communications between lawyers and their clients, the government has endangered the fundamental British right to a fair trial.

“Reprieve has been warning for months that the security services’ policies on lawyer-client snooping have been shot through with loopholes big enough to drive a bus through.

“For too long, the security services have been allowed to snoop on those bringing cases against them when they speak to their lawyers. In doing so, they have violated a right that is centuries old in British common law. Today they have finally admitted they have been acting unlawfully for years.

“Worryingly, it looks very much like they have collected the private lawyer-client communications of two victims of rendition and torture, and possibly misused them. While the government says there was no ‘deliberate’ collection of material, it’s abundantly clear that private material was collected and may well have been passed on to lawyers or ministers involved in the civil case brought by Abdel hakim Belhaj and Fatima Boudchar, who were ‘rendered’ to Libya in 2004 by British intelligence.

“Only time will tell how badly their case was tainted. But right now, the government needs urgently to investigate how things went wrong and come clean about what it is doing to repair the damage.”

Government sources, in line with all such cases, refuse to confirm or deny whether the two Libyans were the subject of an interception operation. They insist the concession does not concern the allegation that actual interception took place and say it will be for the investigatory powers tribunal hearing to determine the issue.

An updated draft interception code of practice spelling out the the rules for the first time was quietly published at the same time as the Investigatory Powers Tribunal ruling against GCHQ earlier this month in the case brought by Privacy International and Liberty.

The government spokesman said the draft code set out enhanced safeguards and provided more detail than previously on the protections that had to be applied in the security agencies handling of legally privileged communications.

The draft code makes clear that warrants for snooping on legally privileged conversations, emails and other communications between suspects and their lawyers can be granted if there are exceptional and compelling circumstances. They have to however ensure that they are not available to lawyers or policy officials who are conducting legal cases against those suspects.

Exchanges between lawyers and their clients enjoy a special protected status under UK law. Following exposure of widespread monitoring by the US whistleblower Edward Snowden in 2013, Belhaj’s lawyers feared that their exchanges with their clients could have been compromised by GCHQ’s interception of phone conversations and emails.

To demonstrate that its policies satisfy legal safeguards, MI6 were required in advance of Wednesday’s concession to disclose internal guidance on how intelligence staff should deal with material protected by legal professional privilege.

The MI6 papers noted: “Undertaking interception in such circumstances would be extremely rare and would require strong justification and robust safeguards. It is essential that such intercepted material is not acquired or used for the purpose of conferring an unfair or improper advantage on SIS or HMG [Her Majesty’s government] in any such litigation, legal proceedings or criminal investigation.”

The internal documents also refer to a visit by the interception commissioner, Sir Anthony May, last summer to examine interception warrants, where it was discovered that regulations were not being observed. “In relation to one of the warrants,” the document explained, “the commissioner identified a number of concerns with regard to the handling of [legal professional privilege] material”.

Amnesty UK’s legal programme director, Rachel Logan, said: “We are talking about nothing less than the violation of a fundamental principle of the rule of law – that communications between a lawyer and their client must be confidential.

“The government has been caught red-handed. The security agencies have been illegally intercepting privileged material and are continuing to do so – this could mean they’ve been spying on the very people challenging them in court.

“This is the second time in as many weeks that government spies have been rumbled breaking the law.”


#Obama’s ‘Crusaders’ analogy veils the #West’s modern crimes!

Obama’s ‘Crusaders’ analogy veils the West’s modern crimes ~ Ben White, The Nation, February 14, 2015.

Like many children, 13-year-old Mohammed Tuaiman suffered from nightmares. In his dreams, he would see flying “death machines” that turned family and friends into burning charcoal. No one could stop them, and they struck any place, at any time.

Unlike most children, Mohammed’s nightmares killed him.

Three weeks ago, a CIA drone operating over Yemen fired a missile at a car carrying the teenager, and two others. They were all incinerated. Nor was Mohammed the first in his family to be targeted: drones had already killed his father and brother.

Since president Barack Obama took office in 2009, the US has killed at least 2,464 people through drone strikes outside the country’s declared war zones. The figure is courtesy of The Bureau of Investigative Journalism, which says that at least 314 of the dead, one in seven, were civilians.

Recall that for Obama, as The New York Times reported in May 2012, “all military-age males in a strike zone” are counted “as combatants” – unless “there is explicit intelligence posthumously proving them innocent”.

It sounds like the stuff of nightmares.

The week after Mohammed’s death, on February 5, Mr Obama addressed the National Prayer Breakfast, and discussed the violence of ISIL.

“Lest we get on our high horses”, said the commander-in-chief, “remember that during the Crusades and the Inquisition, people committed terrible deeds in the name of Christ.”

These comments prompted a (brief) media storm, with Mr Obama accused of insulting Christians, pandering to the terrorist enemy, or just bad history.

In fact, the president was simply repeating a point often made by liberals since September 11, namely, that all religions have blots on their copy book through the deeds of their followers.

One of the consequences, however, of this invocation of the Crusades – unintended, and all the more significant for it – is to seal away the West’s “sins”, particularly vis-à-vis its relationship to the Middle East, in events that took place a thousand years ago.

The Crusades were, in one sense, a demonstration of raw military power, and a collective trauma for the peoples of the regions they marched through and invaded.

In the siege of Jerusalem in 1099, a witness described how the Europeans ordered “all the Saracen dead to be cast outside because of the great stench, since the whole city was filled with their corpses”.

He added: “No one ever saw or heard of such slaughter of pagan people, for funeral pyres were formed from them like pyramids.”

Or take the Third Crusade, when, on August 20, 1191, England’s King Richard I oversaw the beheading of 3,000 Muslim prisoners at Acre in full view of Saladin’s army.

Just “ancient history”? In 1920, when the French had besieged and captured Damascus, their commander Henri Gourard reportedly went to the grave of Saladin, kicked it, and uttered: “Awake Saladin, we have returned! My presence here consecrates the victory of the Cross over the Crescent.”

But the US president need not cite the Crusades or even the colonial rule of the early 20th century: more relevant reference points would be Bagram and Fallujah.

Bagram base in Afghanistan is where US soldiers tortured prisoners to death – like 22-year-old taxi driver and farmer Dilawar. Before he was killed in custody, Dilawar was beaten by soldiers just to make him scream “Allah!”

Five months after September 11, The Guardian reported that US missiles had killed anywhere between 1,300 and 8,000 in Afghanistan. Months later, the paper suggested that “as many as 20,000 Afghans may have lost their lives as an indirect consequence of the US intervention”.

When it was Iraq’s turn, the people of Fallujah discovered that US forces gave them funerals, not democracy. On April 28, 2003, US soldiers massacred civilian protesters, shooting to death 17 during a demonstration.

When that city revolted against the occupation, the residents paid a price. As Marines tried to quell resistance in the city, wrote The New York Times on April 14, 2004, they had “orders to shoot any male of military age on the streets after dark, armed or not”.Months later, as the Marines launched their November assault on the city, CNN reported that “the sky…seems to explode”.

In their bombardment and invasion of Iraq in 2003, the US and UK armed forces rained fiery death down on men, women and children. Prisoners were tortured and sexually abused. Hundreds of thousands of Iraqis died. No one was held to account.

It is one thing to apologise for the brutality of western Crusaders a thousand years ago. It is quite another to look at the corpses of the victims of the imperialist present, or hear the screams of the bereaved.

In his excellent book The Muslims Are Coming, Arun Kundnani analysed the “politics of anti-extremism”, and describes the two approaches developed by policymakers and analysts during the “war on terror”.

The first approach, which he refers to as “culturalism”, emphasises “what adherents regard as inherent features of Islamic culture”. The second approach, “reformism”, is when “extremism is viewed as a perversion of Islam’s message”, rather than “a clash of civilisations between the West’s modern values and Islam’s fanaticism”.

Thus the American Right was angry with Mr Obama, because for them, it is about religion – or specifically, Islam. Liberals, meanwhile, want to locate the problem in terms of culture.

Both want to avoid a discussion about imperialism, massacres, coups, brutalities, disappearances, dictatorships – in other words, politics.

As Kundnani writes: when “the concept of ideology” is made central, whether understood as “Islam itself or as Islamist extremism”, then “the role of western states in co-producing the terror war is obscured”.

The problem with Mr Obama’s comments on the Crusades was not, as hysterical conservatives claimed, that he was making offensive and inaccurate analogies with ISIL; rather, that in the comfort of condemning the past, he could mask the violence of his own government in the present.

The echoes of collective trauma remain for a long time, and especially when new wounds are still being inflicted. Think it is farfetched that Muslims would still care about a 1,000-year-old European invasion? Then try asking them about Guantanamo and Camp Bucca instead.

Ben White is a journalist and author of Israeli Apartheid

Obama’s ‘Crusaders’ analogy veils the West’s modern crimes
Pep Montserrat for The National

Russell Tribunal Extraordinary Session on Gaza | Rethinking the Palestinian Struggle!

Russell Tribunal Extraordinary Session on Gaza | Rethinking the Palestinian Struggle ~ Dr. Peter F. Cohen, Humanity for Palestine (Founder) October 4, 2014.

We are putting the world on notice, with very heavy hearts, that we believe that something [terrible] will happen.  Ahdaf Soueif

Every time the operations are getting worse, the massacres are getting worse – I’m telling you that this massacre will happen again.– Eran Efrati

There is no reason that [we] can say we don’t know. We know. Dr. Mads Gilbert


On September 24th, the Russell Tribunal on Palestine (RToP) held an Extraordinary Session in Brussels on Operation Protective Edge, followed by a press conference and presentation to the European Parliament on September 25th. Several members of Humanity for Palestine were there.

Founded by Bertrand Russell in 1966, the Russell Tribunal is intended to be a “Tribunal of conscience,” investigating injustices and violations of international law that the international community fails to adequately address. Since the first Tribunal on war crimes in Vietnam, headed by Jean-Paul Sartre, Tribunals have been formed to examined human rights violations in Argentina and Brazil (1973), Chile (1974-76) and Iraq (2004), and Palestine (2009-2012). Having held five sessions and delivered a Final Report, the RToP decided, during the recent Israeli attack on Gaza, to hold a supplementary session due to the gravity of the situation on the ground.

Three of the four Gazan witnesses invited by the Tribunal were prevented from leaving Gaza, due to such Kafkaesque restrictions as having to physically obtain Israeli approval for their Belgian visas in Jerusalem, while being denied access to Jerusalem (the very fact that this requirement held even though the witnesses were attempting to exit via Egypt itself belies the myth that Israel is not the Occupying Power, effectively controlling all access by land sea and air). The only one who managed to get out, Palestinian journalist Mohamed Omar, was able to do so only with his Dutch passport, after having first had his Gazan passport refused. The European Parliament Members who had attempted to enter Gaza two weeks earlier were also denied access.

The session was extraordinary in more ways than one. The intellectual caliber, humanity and commitment of the Jurors and witnesses were impressive. The testimonies were detailed, comprehensive and chilling, and the patterns that emerged from them constellated a compelling case for systematic and deliberate war crimes committed in a broader social context of racism, impunity and genocidal discourse. While the legal definition of the “G-word” sets a high bar, the Tribunal’s conclusion – and that of many present – was that we are all too close and getting inexorably closer to the mass-scale willful extermination of an entire people.

Attacks on Civilians

IMG_1600The deliberate targeting of civilians, prisoners and wounded, abductions, beatings, humiliation and torture, the use of children as human shields, systematic attacks on journalists and medics, massive destruction of property, homes, mosques, churches and cemeteries, farms, factories, businesses and basic infrastructure including water, food, sanitation and electricity, revenge attacks and other possible war crimes – all committed against a backdrop of rising ethno-religious supremicism, racist and genocidal speech and hate crimes – lend a new urgency to the international struggle in support of the Palestinian people.

To cite a just a few of the grim specifics, 89 families were completely liquidated – one after being ordered to stay in their home or shot, and the house bombed several hours later with them inside.  Handcuffed bodies were found with bullets to the head and chest and bullet casings by the heads, in classic “shoot to kill” fashion. A video was shown of the murder of a man while searching for a family member in the rubble accompanied by international solidarity workers, including a coup de grace as he was lying wounded on the ground. There were several examples of groups being asked who spoke Hebrew and anyone who answered affirmatively being promptly shot in the chest. One man was told to step forward and hold up his lighter and, when he did so, shot. A 17-year-old boy was held by the IDF for 5 days, stripped, beaten, tortured and used as a human shield (this just one of multiple cases of children being used as human shields by the IDF during the operation). A 55 year-old Imam was ordered to strip naked in front of women and to tell people to leave their homes over the mosque’s PA. The men were then taken at gunpoint, also forced to strip and marched away, while the Imam himself was placed against a bulldozer, a bottle placed at his neck, and used for target practice. One family sheltering in their basement from an F-16 attack when IDF soldiers broke in and held them captive were refused use of the toilet and told to “do it on yourself.” A 65-year-old man was shot at close range by an IDF solider in front of his family while pleaded with the soldiers in English. His last words were: “Please don’t shoot me.”

Massive and Systematic Destruction

The totality of the evidence suggested that such examples were not isolated, but consistent with broader policies, attitudes and practices – the low level of convictions and light sentences for such crimes when investigated, being one (“systemic impunity is the status quo,” said Yvan Karakashian).

The sheer scope of the damage – including deaths of at least 1658 civilians, the wounding of 11,231, and the destruction of 18,000 housing units (or 13% of available housing in Gaza), leaving 110,000 people homeless – is itself evidence of a systematic and willful campaign against the civilian population of Gaza. The 51-day assault dropped an estimated 700 tons of explosives – 2 tons per square kilometer – equal to the Hiroshima and Nagasaki bombs. The use of such armaments as white phosphorous, depleted uranium, DIME, flechettes, fuel-air and thermobaric munitions, and cluster bombs suggested a deliberate antipersonnel strategy against a trapped civilian population in one of the most densely populated places on earth, denied of their basic right to flee a conflict zone.

The destruction of businesses, food production, and 220 factories (including a soap factory and a candy factory), 68% of the arable land, fishing equipment that had been stored for protection, and 130 cows on one farm (“none of the cows were Hamas,” said their owner, “they were secular cows”), coming as it did on the heels of an 8-year embargo and four major attacks, amounted to the effective destruction of a once healthy economy.

The destruction of 50% of the hospitals and 63% of the medical clinics; the shooting of ambulances and refusal to allow ambulances in (donkey carts were being to replace them); and the shooting of medics attempting to help people (one medic was shot in the hip and chest and bled to death and when his colleagues tried to help him, they were also shot); with a total of 144 healthcare workers, doctors, nurses, medics, firefighters killed or injured.

The destruction of basic civilian infrastructure was also massive and systematic. The bombing of water facilities for 450,000 people comes in a context of the diversion by Israel of water from Gaza to Negev leading to the drying up of three major local wadis and expected depletion of coastal aquifer by 2016 and refusal to allow the importation of the chemicals needed to purify the remaining – and heavily contaminated – Gazan water. The destruction of Gaza’s only power plant further affected water treatment, sanitation, food and the capacity of medical facilities to treat the wounded and displaced. Even UN-sponsored and controlled infrastructure was bombed, including three UNRWA schools being used as refugee shelters.

As the IDF claimed a 90% success rate for its bombing campaign, one can only conclude – along with the Tribunal – that this destruction was willful. “There was no justification at all,” said journalist Martin Lejeune of the bombing of factories: “I think it was really to harm the civilians and to harm the population of Gaza. That was the reason they committed these attacks.”

War Crimes

Russell Tribunal Extraordinary Sessions on Gaza | Rethinking the Palestinian StruggleAn established military protocol (“Dahiya Doctrine”) for disproportionate revenge attacks on local populations (including a policy of shooting anything that moves in pre-designated areas) was invoked in Shuja’iyya after 13 IDF soldiers were killed during the 4-day occupation by Golani Brigade on July 19th-23rd. Within 7 hours, at least 600 shells (most contained depleted uranium), and 120 1-ton bombs, were dropped in the neighborhood. The infantry entered the area on foot with orders to break windows, and destroy property and houses.

A policy was described by IDF veteran and journalist Eran Efrati of drawing a “red imaginary line,” beyond which anyone would be immediately killed, around the houses in which the IDF set up temporary field posts. He claimed that, unlike in earlier campaigns, the lines during Protective Edge were drawn as much as hundreds of meters from the posts and that neither the locations nor the presence of the lines was communicated to locals. He concluded that it was not loss of life that caused the IDF to launch the Shuja’iyya bombing so much as the humiliation of sustaining losses: “What we are doing here is trying to revenge and trying to kill people for an insult.”

An IDF protocol for killing its own soldiers in order to avoid their capture and eventual use in prisoner exchanges (the “Hannibal Directive”) was reportedly invoked when an Israeli raid on a tunnel in Rafa went awry minutes before the start of a ceasefire. The IDF immediately blamed Hamas for the soldier’s death and launched an assault on Rafa along the lines proscribed by the Dahiya Doctrine.

Genocidal Discourse

IMG_1527As horrifying as the many individual stories of violence detailed by the witnesses were to those present (complete with unmistakable elements of humiliation, torture and sadism), the most chilling testimony was arguably Israeli journalist David Sheen’s panoramic depiction of Israeli hate speech, anti-Arab racism, and incitement to genocide. Sheen’s examples were drawn from top political leaders, religious figures and other influential figures, and were so numerous that there was no time to present all his slides. The cumulative effect of his evidence was to place the violence and destruction described by other witnesses in the socio-political context of a broader nationalist project, the collapse of the Israeli political center, and the rise of Settler extremism within the IDF itself (with and messianic nationalists now comprising nearly a third of the officer corps). As the Tribunal concluded:

…the Israeli state is implementing an apartheid system based on the dominance of Israeli Jews over Palestinians. Beyond the prolonged siege and collective punishment of the Palestinians of Gaza, the ongoing settlement project in the West Bank, and the now regular massive military assaults on the civilian population of the Gaza Strip, one must add the increase in aggravated racist hate speech. … The jury has listened to alarming evidence over the course of this extraordinary session; we have a genuine fear that in an environment of impunity and an absence of sanction for serious and repeated criminality, the lessons from Rwanda and other mass atrocities may once again go unheeded (Russell Tribunal on Palestine 2014:10).

Implications for the Peace with Justice Movement

Up until now, many of us in the pro-Palestine movement have framed it as a human rights struggle, along the lines of the Civil Rights and anti-Apartheid Movements. The case presented in Brussels with such comprehensiveness and clarity, however, challenges us all to reframe our mission as nothing less than the staunching of a nascent genocide that, if left unchecked, will only express itself in ever-mounting numbers of murdered men, women and children.

One thing that distinguishes this particular crisis from other attacks on civilian populations, such as in Iraq, Syria or Congo is that here the solution is simple: boycott, sanctions and divestment (BDS), legal action against states and corporations that collude in these crimes, suspension of arms sales and financial aid, prosecutions in the International Criminal Court – in a word, putting the Israeli government on notice that it can no longer commit these crimes with impunity, but must answer for its actions. Until this is done, we are all complicit.

Dr. Peter F. Cohen is an anthropologist and Founder of Humanity for Palestine.

Watch the video recordings of the Russell Tribunal and European Parliament sessions

Photos by Lori Sloan

 

| How the West Created the Islamic State … With a Little Help From Our Friends!

How the West Created the Islamic State … With a Little Help From Our Friends  ~ Nafeez Ahmed,  bestselling author, investigative journalist and international security scholar.

Part 1 – OUR TERRORISTS

“This is an organisation that has an apocalyptic, end-of-days strategic vision which will eventually have to be defeated,” Gen Martin Dempsey, chairman of the US Joint Chiefs of Staff, told a Pentagon press conference in August.

Military action is necessary to halt the spread of the ISIS/IS “cancer,” said President Obama. Yesterday, in his much anticipated address, he called for expanded airstrikes across Iraq and Syria, and new measures to arm and train Iraqi and Kurdish ground forces.

“The only way to defeat [IS] is to stand firm and to send a very straightforward message,” declared Prime Minister Cameron. “A country like ours will not be cowed by these barbaric killers.”

Missing from the chorus of outrage, however, has been any acknowledgement of the integral role of covert US and British regional military intelligence strategy in empowering and even directly sponsoring the very same virulent Islamist militants in Iraq, Syria and beyond, that went on to break away from al-Qaeda and form ‘ISIS’, the Islamic State of Iraq and Syria, or now simply, the Islamic State (IS).

Since 2003, Anglo-American power has secretly and openly coordinated direct and indirect support for Islamist terrorist groups linked to al-Qaeda across the Middle East and North Africa. This ill-conceived patchwork geostrategy is a legacy of the persistent influence of neoconservative ideology, motivated by longstanding but often contradictory ambitions to dominate regional oil resources, defend an expansionist Israel, and in pursuit of these, re-draw the map of the Middle East.

Now despite Pentagon denials that there will be boots on the ground – and Obama’s insistence that this would not be another “Iraq war” – local Kurdish military and intelligence sources confirm that US and German special operations forces are already “on the ground here. They are helping to support us in the attack.” US airstrikes on ISIS positions and arms supplies to the Kurds have also been accompanied by British RAF reconnaissance flights over the region andUK weapons shipments to Kurdish peshmerga forces.

Divide and rule in Iraq

“It’s not that we don’t want the Salafis to throw bombs,” said one US government defense consultant in 2007. “It’s who they throw them at – Hezbollah, Moqtada al-Sadr, Iran, and at the Syrians, if they continue to work with Hezbollah and Iran.”

Early during the 2003 invasion and occupation of Iraq, the US covertly supplied arms to al-Qaeda affiliated insurgents even while ostensibly supporting an emerging Shi’a-dominated administration.

Pakistani defense sources interviewed by Asia Times in February 2005 confirmed that insurgents described as “former Ba’ath party” loyalists – who were being recruited and trainedby “al-Qaeda in Iraq” under the leadership of the late Abu Musab Zarqawi – were being supplied Pakistan-manufactured weapons by the US. The arms shipments included rifles, rocket-propelled grenade launchers, ammunition, rockets and other light weaponry. These arms “could not be destined for the Iraqi security forces because US arms would be given to them”, a source told Syed Saleem Shahzad – the Times’ Pakistan bureau chief who, “known for his exposes of the Pakistani military” according to the New Yorker, was murdered in 2011. Rather, the US is playing a double-game to “head off” the threat of a “Shi’ite clergy-driven religious movement,” said the Pakistani defense source.

This was not the only way US strategy aided the rise of Zarqawi, a bin Laden mentee and brainchild of the extremist ideology that would later spawn ‘ISIS.’

The JSOC insignia

According to a little-known November report for the US Joint Special Operations University(JSOU) and Strategic Studies Department, Dividing Our Enemies, post-invasion Iraq was “an interesting case study of fanning discontent among enemies, leading to ‘red-against-red’ [enemy-against-enemy] firefights.”

While counterinsurgency on the one hand requires US forces to “ameliorate harsh or deprived living conditions of the indigenous populations” to publicly win local hearts and minds:

“… the reverse side of this coin is one less discussed. It involves no effort to win over those caught in the crossfire of insurgent and counterinsurgent warfare, whether by bullet or broadcast. On the contrary, this underside of the counterinsurgency coin is calculated to exploit or create divisions among adversaries for the purpose of fomenting enemy-on-enemy deadly encounters.”

In other words, US forces will pursue public legitimacy through conventional social welfare while simultaneously delegitimising local enemies by escalating intra-insurgent violence, knowing full-well that doing so will in turn escalate the number of innocent civilians “caught in the crossfire.” The idea is that violence covertly calibrated by US special operations will not only weaken enemies through in-fighting but turn the population against them.

In this case, the ‘enemy’ consisted of jihadists, Ba’athists, and peaceful Sufis, who were in a majority but, like the militants, also opposed the US military presence and therefore needed to be influenced. The JSOU report referred to events in late 2004 in Fallujah where “US psychological warfare (PSYOP) specialists” undertook to “set insurgents battling insurgents.” This involved actually promoting Zarqawi’s ideology, ironically, to defeat it: “The PSYOP warriors crafted programs to exploit Zarqawi’s murderous activities – and to disseminate them through meetings, radio and television broadcasts, handouts, newspaper stories, political cartoons, and posters – thereby diminishing his folk-hero image,” and encouraging the different factions to pick each other off. “By tapping into the Fallujans’ revulsion and antagonism to the Zarqawi jihadis the Joint PSYOP Task Force did its ‘best to foster a rift between Sunni groups.’”

Yet as noted by Dahr Jamail, one of the few unembedded investigative reporters in Iraq after the war, the proliferation of propaganda linking the acceleration of suicide bombings to the persona of Zarqawi was not matched by meaningful evidence. His own search to substantiate the myriad claims attributing the insurgency to Zarqawi beyond anonymous US intelligence sources encountered only an “eerie blankness”.

US soldiers in Fallujah

The US military operation in Fallujah, largely justified on the claim that Zarqawi’s militant forces had occupied the city, used white phosphorous, cluster bombs, and indiscriminate air strikes to pulverise 36,000 of Fallujah’s 50,000 homes, killing nearly a thousand civilians, terrorising 300,000 inhabitants to flee, and culminating in a disproportionate increase in birth defects, cancer and infant mortality due to the devastating environmental consequences of the war.

To this day, Fallujah has suffered from being largely cut-off from wider Iraq, its infrastructure largely unworkable with water and sewage systems still in disrepair, and its citizens subject to sectarian discrimination and persecution by Iraqi government backed Shi’a militia and police. “Thousands of bereaved and homeless Falluja families have a new reason to hate the US and its allies,” observed The Guardian in 2005. Thus, did the US occupation plant the seeds from which Zarqawi’s legacy would coalesce into the Frankenstein monster that calls itself “the Islamic State.”

Bankrolling al-Qaeda in Syria

According to former French foreign minister Roland Dumas, Britain had planned covert action in Syria as early as 2009: “I was in England two years before the violence in Syria on other business,” he told French television: “I met with top British officials, who confessed to me that they were preparing something in Syria. This was in Britain not in America. Britain was preparing gunmen to invade Syria.”

Leaked emails from the private intelligence firm Stratfor, including notes from a meeting with Pentagon officials, confirmed that as of 2011, US and UK special forces training of Syrian opposition forces was well underway. The goal was to elicit the “collapse” of Assad’s regime “from within.”

Since then, the role of the Gulf states – namely Saudi Arabia, Qatar, Kuwait, the United Arab Emirates, and Jordan (as well as NATO member Turkey) – in officially and unofficiallyfinancing and coordinating the most virulent elements amongst Syria’s rebels under the tutelage of US military intelligence is no secret. Yet the conventional wisdom is that the funneling of support to Islamist extremists in the rebel movement affiliated to al-Qaeda has been a colossal and regrettable error.

The reality is very different. The empowerment of the Islamist factions within the ‘Free Syrian Army’ (FSA) was a foregone conclusion of the strategy.

United States Secretary of State Hillary Clinton (R) greets Turkey’s Foreign Minister Ahmet Davutoglu (L), United Arab Emirates’ Foreign Minister Sheikh Abdullah bin Zayed al-Nahyan (2nd L) and British Foreign Minister William Hague, in Tunis

In its drive to depose Col. Qaddafi in Libya, NATO had previously allied itself with rebels affiliated to the al-Qaeda faction, the Islamic Fighting Group. The resulting Libyan regime backed by the US was in turn liaising with FSA leaders in Istanbul to provide money and heavy weapons for the anti-Assad insurgency. The State Department even hired an al-Qaeda affiliated Libyan militia group to provide security for the US embassy in Benghazi – although they had links with the very people that attacked the embassy.

Last year, CNN confirmed that CIA officials operating secretly out of the Benghazi embassy were being forced to take extra polygraph tests to keep under wraps what US Congressman suspect was a covert operation “to move surface-to-air missiles out of Libya, through Turkey, and into the hands of Syrian rebels.”

With their command and control centre based in Istanbul, Turkey, military supplies from Saudi Arabia and Qatar in particular were transported by Turkish intelligence to the border for rebel acquisition. CIA operatives along with Israeli and Jordanian commandos were also training FSA rebels on the Jordanian-Syrian border with anti-tank and anti-aircraft weapons. In addition, otherreports show that British and French military were also involved in these secret training programmes. It appears that the same FSA rebels receiving this elite training went straight into ISIS – last month one ISIS commander, Abu Yusaf, said, “Many of the FSA people who the west has trained are actually joining us.”

The National thus confirmed the existence of another command and control centre in Amman, Jordan, “staffed by western and Arab military officials,” which “channels vehicles, sniper rifles, mortars, heavy machine guns, small arms and ammunition to Free Syrian Army units.” Rebel and opposition sources described the weapons bridge as “a well-run operation staffed by high-ranking military officials from 14 countries, including the US, European nations and Arabian Gulf states, the latter providing the bulk of materiel and financial support to rebel factions.”

The FSA sources interviewed by The National went to pains to deny that any al-Qaeda affiliated factions were involved in the control centre, or would receive any weapons support. But this is difficult to believe given that “Saudi and Qatari-supplied weapons” were being funneled through to the rebels via Amman, to their favoured factions.

Classified assessments of the military assistance supplied by US allies Saudi Arabia and Qatar obtained by the New York Times showed that “most of the arms shipped at the behest of Saudi Arabia and Qatar to supply Syrian rebel groups… are going to hardline Islamic jihadists, and not the more secular opposition groups that the West wants to bolster.”

Lest there be any doubt as to the extent to which all this covert military assistance coordinated by the US has gone to support al-Qaeda affiliated factions in the FSA, it is worth noting that earlier this year, the Israeli military intelligence website Debkafile – run by two veteran correspondents who covered the Middle East for 23 years for The Economist – reported that: “Turkey is giving Syrian rebel forces, including the al-Qaeda-affiliated Nusra Front, passage through its territory to attack the northwestern Syrian coastal area around Latakia.”

In August, Debkafile reported that “The US, Jordan and Israel are quietly backing the mixed bag of some 30 Syrian rebel factions”, some of which had just “seized control of the Syrian side of the Quneitra crossing, the only transit point between Israeli and Syrian Golan.” However, Debkafile noted, “al-Qaeda elements have permeated all those factions.” Israel has provided limited support to these rebels in the form of “medical care,” as well as “arms, intelligence and food…

“Israel acted as a member, along with the US and Jordan, of a support system for rebel groups fighting in southern Syria. Their efforts are coordinated through a war-room which the Pentagon established last year near Amman. The US, Jordanian and Israeli officers manning the facility determine in consultation which rebel factions are provided with reinforcements from the special training camps run for Syrian rebels in Jordan, and which will receive arms. All three governments understand perfectly that, notwithstanding all their precautions, some of their military assistance is bound to percolate to al-Qaeda’s Syrian arm, Jabhat Al-Nusra, which is fighting in rebel ranks. Neither Washington or Jerusalem or Amman would be comfortable in admitting they are arming al-Qaeda’s Nusra Front in southern Syria.”

This support also went to ISIS. Although the latter was originally founded in Iraq in October 2006, by 2013 the group had significantly expanded its operations in Syria working alongside al-Qaeda’s al-Nusra until February 2014, when ISIS was formally denounced by al-Qaeda. Even so, experts on the region’s Islamist groups point out that the alleged rift between al-Nusra and ISIS, while real, is not as fraught as one might hope, constituting a mere difference in tactics rather than fundamental ideology.

ISIS fighters pose for the camera

Officially, the US government’s financial support for the FSA goes through the Washington DC entity, the Syrian Support Group (SSG), Syrian Support Group (SSG) which was incorporated in April 2012. The SSG is licensed via the US Treasury Department to “export, re-export, sell, or supply to the Free Syrian Army (‘FSA’) financial, communications, logistical, and other services otherwise prohibited by Executive Order 13582 in order to support the FSA.”

In mid-2013, the Obama administration intensified its support to the rebels with a new classified executive order reversing its previous policy limiting US direct support to only nonlethal equipment. As before, the order would aim to supply weapons strictly to “moderate” forces in the FSA.

Except the government’s vetting procedures to block Islamist extremists from receiving US weapons have never worked.

A year later, Mother Jones found that the US government has “little oversight over whether US supplies are falling prey to corruption – or into the hands of extremists,” and relies “on too much good faith.” The US government keeps track of rebels receiving assistance purely through “handwritten receipts provided by rebel commanders in the field,” and the judgement of its allies. Countries supporting the rebels – the very same which have empowered al-Qaeda affiliated Islamists – “are doing audits of the delivery of lethal and nonlethal supplies.”

Thus, with the Gulf states still calling the shots on the ground, it is no surprise that by September last year, eleven prominent rebel groups distanced themselves from the ‘moderate’ opposition leadership and allied themselves with al-Qaeda.

By the SSG’s own conservative estimate, as much as 15% of rebel fighters are Islamists affiliated to al-Qaeda, either through the Jabhut al-Nusra faction, or its breakaway group ISIS. But privately, Pentagon officials estimate that “more than 50%” of the FSA is comprised of Islamist extremists, and according to rebel sources neither FSA chief Gen Salim Idris nor his senior aides engage in much vetting, decisions about which are made typically by local commanders.

Part 2 – THE LONG WAR

Follow the money

Media reports following ISIS’ conquest of much of northern and central Iraq this summer have painted the group as the world’s most super-efficient, self-financed, terrorist organisation that has been able to consolidate itself exclusively through extensive looting of Iraq’s banks and funds from black market oil sales. Much of this narrative, however, has derived from dubious sources, and overlooked disturbing details.

One senior anonymous intelligence source told Guardian correspondent Martin Chulov, for instance, that over 160 computer flash sticks obtained from an ISIS hideout revealed information on ISIS’ finances that was completely new to the intelligence community.

“Before Mosul, their total cash and assets were $875m [£515m],” said the official on the funds obtained largely via “massive cashflows from the oilfields of eastern Syria, which it had commandeered in late 2012.” Afterwards, “with the money they robbed from banks and the value of the military supplies they looted, they could add another $1.5bn to that.” The thrust of the narrative coming from intelligence sources was simple: “They had done this all themselves. There was no state actor at all behind them, which we had long known. They don’t need one.”

“ISIS’ half-a-billion-dollar bank heist makes it world’s richest terror group,” claimed the Telegraph, adding that the figure did not include additional stolen gold bullion, and millions more grabbed from banks “across the region.”

This story of ISIS’ stupendous bank looting spree across Iraq made global headlines but turned out to be disinformation. Senior Iraqi officials and bankers confirmed that banks in Iraq, including Mosul where ISIS supposedly stole $430 million, had faced no assault, remain open, and are guarded by their own private security forces.

How did the story come about? One of its prime sources was Iraqi parliamentarian Ahmed Chalabi – the same man who under the wing of his ‘Iraqi National Congress’ peddled false intelligence about Saddam’s weapons of mass destruction and ties to al-Qaeda.

In June, Chalabi met with the US ambassador to Iraq, Robert Beecroft, and Brett McGurk, the State Department’s deputy assistant secretary of state for Iraq and Iran. According to sources cited by Buzzfeed in June, Beecroft “has been meeting Chalabi for months and has dined at his mansion in Baghdad.”

Follow the oil

But while ISIS has clearly obtained funding from donors in the Gulf states, many of its fighters having broken away from the more traditional al-Qaeda affiliated groups like Jabhut al-Nusra, it has also successfully leveraged its control over Syrian and Iraqi oil fields.

In January, the New York Times reported that “Islamist rebels and extremist groups have seized control of most of Syria’s oil and gas resources”, bolstering “the fortunes of the Islamic State of Iraq and Syria, or ISIS, and the Nusra Front, both of which are offshoots of al-Qaeda.” Al-Qaeda affiliated rebels had “seized control of the oil and gas fields scattered across the country’s north and east,” while more moderate “Western-backed rebel groups do not appear to be involved in the oil trade, in large part because they have not taken over any oil fields.”

Yet the west had directly aided these Islamist groups in their efforts to operationalise Syria’s oil fields. In April 2013, for instance, the Times noted that al-Qaeda rebels had taken over key regions of Syria: “Nusra’s hand is felt most strongly in Aleppo”, where the al-Qaeda affiliate had established in coordination with other rebel groups including ISIS “a Shariah Commission” running “a police force and an Islamic court that hands down sentences that have included lashings.” Al-Qaeda fighters also “control the power plant and distribute flour to keep the city’s bakeries running.” Additionally, they “have seized government oil fields” in provinces of Deir al-Zour and Hasaka, and now make a “profit from the crude they produce.”

Lost in the fog of media hype was the disconcerting fact that these al-Qaeda rebel bread and oil operations in Aleppo, Deir al-Zour and Hasaka were directly and indirectly supported by the US and the European Union (EU). One account by the Washington Post for instance refers to a stealth mission in Aleppo “to deliver food and other aid to needy Syrians – all of it paid for by the US government,” including the supply of flour. “The bakery is fully supplied with flour paid for by the United States,” the Post continues, noting that local consumers, however, “credited Jabhat al-Nusra – a rebel group the United States has designated a terrorist organisation because of its ties to al-Qaeda – with providing flour to the region, though he admitted he wasn’t sure where it comes from.”

And in the same month that al-Qaeda’s control of Syria’s main oil regions in Deir al-Zour and Hasaka was confirmed, the EU voted to ease an oil embargo on Syria to allow oil to be sold on international markets from these very al-Qaeda controlled oil fields. European companies would be permitted to buy crude oil and petroleum products from these areas, although transactions would be approved by the Syrian National Coalition. Due to damaged infrastructure, oil would be trucked by road to Turkey where the nearest refineries are located.

“The logical conclusion from this craziness is that Europe will be funding al-Qaeda,”said Joshua Landis , a Syria expert at the University of Oklahoma.

Just two months later, a former senior staffer at the Syria Support Group in DC, David Falt, leaked internal SSG emails confirming that the group was “obsessed” with brokering “jackpot” oil deals on behalf of the FSA for Syria’s rebel-run oil regions.

“The idea they could raise hundreds of millions from the sale of the oil came to dominate the work of the SSG to the point no real attention was paid to the nature of the conflict,” said Falt, referring in particular to SSG’s director Brian Neill Sayers, who before his SSG role worked with NATO’s Operations Division. Their aim was to raise money for the rebels by selling the rights to Syrian oil.

Tacit complicity in IS oil smuggling

Even as al-Qaeda fighters increasingly decide to join up with IS, the ad hoc black market oil production and export infrastructure established by the Islamist groups in Syria has continued to function with, it seems, the tacit support of regional and western powers.

According to Ali Ediboglu, a Turkish MP for the border province of Hatay, IS is selling the bulk of its oil from regions in Syria and Mosul in Iraq through Turkey, with the tacit consent of Turkish authorities: “They have laid pipes from villages near the Turkish border at Hatay. Similar pipes exist also at [the Turkish border regions of] Kilis, Urfa and Gaziantep. They transfer the oil to Turkey and parlay it into cash. They take the oil from the refineries at zero cost. Using primitive means, they refine the oil in areas close to the Turkish border and then sell it via Turkey. This is worth $800 million.” He also noted that the extent of this and related operations indicates official Turkish complicity. “Fighters from Europe, Russia, Asian countries and Chechnya are going in large numbers both to Syria and Iraq, crossing from Turkish territory. There is information that at least 1,000 Turkish nationals are helping those foreign fighters sneak into Syria and Iraq to join ISIS. The National Intelligence Organization (MIT) is allegedly involved. None of this can be happening without MIT’s knowledge.”

Similarly, there is evidence that authorities in the Kurdish region of Iraq are also turning a blind eye to IS oil smuggling. In July, Iraqi officials said that IS had begun selling oil extracted from in the northern province of Salahuddin. One official pointed out that “the Kurdish peshmerga forces stopped the sale of oil at first, but later allowed tankers to transfer and sell oil.”

State of Law coalition MP Alia Nasseef also accused the Kurdistan Regional Government (KRG) of secretly trading oil with IS: “What is happening shows the extent of the massive conspiracy against Iraq by Kurdish politicians… The [illegal] sale of Iraqi oil to ISIS or anyone else is something that would not surprise us.” Although Kurdish officials have roundly rejected these accusations, informed sources told the Arabic daily Asharq Al-Awsat that Iraqi crude captured by ISIS was “being sold to Kurdish traders in the border regions straddling Iraq, Iran and Syria, and was being shipped to Pakistan where it was being sold ‘for less than half its original price.’”

An official statement in August from Iraq’s Oil Ministry warned that any oil not sanctioned by Baghdad could include crude smuggled illegally from IS:

“International purchasers [of crude oil] and other market participants should be aware that any oil exports made without the authorisation of the Ministry of Oil may contain crude oil originating from fields under the control of [ISIS].”

“Countries like Turkey have turned a blind eye to the practice” of IS oil smuggling, said Luay al-Khateeb, a fellow at the Brookings Doha Center, “and international pressure should be mounted to close down black markets in its southern region.” So far there has been no such pressure. Meanwhile, IS oil smuggling continues, with observers inside and outside Turkeynoting that the Turkish government is tacitly allowing IS to flourish as it prefers the rebels to the Assad regime.

According to former Iraqi oil minister Isam al-Jalabi, “Turkey is the biggest winner from the Islamic State’s oil smuggling trade.” Both traders and oil firms are involved, he said, with the low prices allowing for “massive” profits for the countries facilitating the smuggling.

Buying ISIS oil?

Early last month, a tanker carrying over a million barrels in crude oil from northern Iraq’s Kurdish region arrived at the Texas Gulf of Mexico. The oil had been refined in the Iraqi Kurdish region before being pumped through a new pipeline from the KRG area ending up at Ceyhan, Turkey, where it was then loaded onto the tanker for shipping to the US. Baghdad’s efforts to stop the oil sale on the basis of its having national jurisdiction were rebuffed by American courts.

In early September, the European Union’s ambassador to Iraq, Jana Hybášková, told the EU Foreign Affairs Committee that “several EU member states have bought oil from the Islamic State (IS, formerly ISIS) terrorist organisation that has been brutally conquering large portions of Iraq and Syria,” according to Israel National News. She however “refused to divulge the names of the countries despite being asked numerous times.”

A third end-point for the KRG’s crude this summer, once again shipped via Turkey’s port of Ceyhan, was Israel’s southwestern port of Ashkelon. This is hardly news though. In May,Reuters revealed that Israeli and US oil refineries had been regularly purchasing and importing KRG’s disputed oil.

Meanwhile, as this triangle of covert oil shipments in which ISIS crude appears to be hopelessly entangled becomes more established, Turkey has increasingly demanded that the US pursue formal measures to lift obstacles to Kurdish oil sales to global markets. The KRG plans to export as much as 1 million barrels of oil a day by next year through its pipeline to Turkey.

The Kirkuk-Ceyhan pipeline: Iraqi Kurdistan alone could hold up to 45 billion barrels of oil, allowing exports of up to 4 million barrels a day in the next decade if successfully brought to production

Among the many oil and gas firms active in the KRG capital, Erbil, are ExxonMobil and Chevron. They are drilling in the region for oil under KRG contracts, though operations have been halted due to the crisis. No wonder Steve Coll writes in the New Yorker that Obama’s air strikes and arms supplies to the Kurds – notably not to Baghdad – effectively amount to “the defense of an undeclared Kurdish oil state whose sources of geopolitical appeal – as a long-term, non-Russian supplier of oil and gas to Europe, for example – are best not spoken of in polite or naïve company.” The Kurds are now busy working to “quadruple” their export capacity, while US policy has increasingly shifted toward permitting Kurdish exports – a development that would have major ramifications for Iraq’s national territorial integrity.

To be sure, as the offensive against IS ramps up, the Kurds are now selectively cracking down on IS smuggling efforts – but the measures are too little, too late.

A new map

The Third Iraq War has begun. With it, longstanding neocon dreams to partition Iraq into three along ethnic and religious lines have been resurrected.

White House officials now estimate that the fight against the region’s ‘Islamic State’ will lastyears, and may outlive the Obama administration. But this ‘long war’ vision goes back to nebulous ideas formally presented by late RAND Corp analyst Laurent Muraweic before the Pentagon’s Defense Policy Board at the invitation of then chairman Richard Perle. That presentation described Iraq as a “tactical pivot” by which to transform the wider Middle East.

Brian Whitaker, former Guardian Middle East editor, rightly noted that the Perle-RAND strategy drew inspiration from a 1996 paper published by the Israeli Institute for Advanced Strategic and Political Studies, co-authored by Perle and other neocons who held top positions in the post-9/11 Bush administration.

The policy paper advocated a strategy that bears startling resemblance to the chaos unfolding in the wake of the expansion of the ‘Islamic State’ – Israel would “shape its strategic environment” by first securing the removal of Saddam Hussein. “Jordan and Turkey would form an axis along with Israel to weaken and ‘roll back’ Syria.” This axis would attempt to weaken the influence of Lebanon, Syria and Iran by “weaning” off their Shi’ite populations. To succeed, Israel would need to engender US support, which would be obtained by Benjamin Netanyahu formulating the strategy “in language familiar to the Americans by tapping into themes of American administrations during the cold war.”

The 2002 Perle-RAND plan was active in the Bush administration’s strategic thinking on Iraq shortly before the 2003 war. According to US private intelligence firm Stratfor, in late 2002, then vice-president Dick Cheney and deputy defense secretary Paul Wolfowitz had co-authored a scheme under which central Sunni-majority Iraq would join with Jordan; the northern Kurdish regions would become an autonomous state; all becoming separate from the southern Shi’ite region.

The strategic advantages of an Iraq partition, Stratfor argued, focused on US control of oil:

“After eliminating Iraq as a sovereign state, there would be no fear that one day an anti-American government would come to power in Baghdad, as the capital would be in Amman [Jordan]. Current and potential US geopolitical foes Iran, Saudi Arabia and Syria would be isolated from each other, with big chunks of land between them under control of the pro-US forces.Equally important, Washington would be able to justify its long-term and heavy military presence in the region as necessary for the defense of a young new state asking for US protection – and to secure the stability of oil markets and supplies. That in turn would help the United States gain direct control of Iraqi oil and replace Saudi oil in case of conflict with Riyadh.”

The expansion of the ‘Islamic State’ has provided a pretext for the fundamental contours of this scenario to unfold, with the US and British looking to re-establish a long-term military presence in Iraq in the name of the “defense of a young new state.”

In 2006, Cheney’s successor, Joe Biden, also indicated his support for the ‘soft partition’ of Iraq along ethno-religious lines – a position which the co-author of the Biden-Iraq plan, Leslie Gelb of the Council on Foreign Relations, now argues is “the only solution” to the current crisis.

Also in 2006, the Armed Forces Journal published a map of the Middle East with its borders thoroughly re-drawn, courtesy of Lt. Col. (ret.) Ralph Peters, who had previously been assigned to the Office of the Deputy Chief of Staff for Intelligence where he was responsible for future warfare. As for the goals of this plan, apart from “security from terrorism” and “the prospect of democracy”, Peters also mentioned “access to oil supplies in a region that is destined to fight itself.”

In 2008, the strategy re-surfaced – once again via RAND Corp – through a report funded by the US Army Training and Doctrine Command on how to prosecute the ‘long war.’ Among its strategies, one scenario advocated by the report was ‘Divide and Rule’ which would involve:

“… exploiting fault lines between the various Salafi-jihadist groups to turn them against each other and dissipate their energy on internal conflicts.”

Simultaneously, the report suggested that the US could foster conflict between Salafi-jihadists and Shi’ite militants by:

“… shoring up the traditional Sunni regimes… as a way of containing Iranian power and influence in the Middle East and Persian Gulf.”

One way or another, some semblance of this plan is in motion. Last week, Israeli foreign minister Avigdor Leiberman told US secretary of state John Kerry:

“Iraq is breaking up before our eyes and it would appear that the creation of an independent Kurdish state is a foregone conclusion.”

Nafeez Ahmed is a bestselling author, investigative journalist and international security scholar. He has contributed to two major terrorism investigations in the US and UK, the 9/11 Commission and the 7/7 Coroner’s Inquest, and has advised the Royal Military Academy Sandhust, British Foreign Office and US State Department, among government agencies.

Nafeez is a regular contributor to The Guardian where he writes about the geopolitics of interconnected environmental, energy and economic crises. He has also written for The Independent, Sydney Morning Herald, The Age, The Scotsman, Foreign Policy, Prospect, New Statesman, Le Monde diplomatique, among many others.

Nafeez’s just released new novel, ZERO POINT, predicted a new war in Iraq to put down an al-Qaeda insurgency.

| The Palestinian message to Israel: Deal with us justly. Or disappear!

The Palestinian message to Israel: Deal with us justly. Or disappear ~ Jeff Halper, Mondoweiss.

Until Operation Protective Edge, most of the “messaging” regarding the Israeli-Palestinian conflict, certainly that which broke through the mainstream media, came from the Israeli side. Since Zionism’s official beginnings in Palestine some 110 years ago, the Jewish community, whether the pre-state Yishuv or constituted as the state of Israel, never took the Palestinians seriously. They were dark-skinned “natives” wrapped sinisterly in kafiyas, fedayeen or terrorists without names, history or humanity, an existential threat subsumed under the rubric “Arabs.” In 1967, when Israel finally came face to face with an organized, visible, politically aware Palestinian society, the idea of talking to them did not even occur to Israel’s leaders. They preferred to take what land and resources they wanted from the West Bank and “return” its Palestinian population to Jordan. (No one until this day in Israel has the faintest idea what to do with Gaza, except isolate it.) One Prime Minister, Golda Meir, even denied vociferously and derisively that a “Palestinian” people even existed. No Israeli government ever acknowledged the national rights of the Palestinian people to self-determination in their own country, even in a tiny, truncated state on parts of the Occupied Territory. In the brightest days of the Oslo “peace process,” all a Labor/Meretz government agreed to do was recognize the PLO as a negotiating partner. It never accepted the idea of a truly sovereign, viable Palestinian state, even if demilitarized and arising on but a fifth of historic Palestine.

To be sure, the Palestinian people resisted and, when possible, tried to negotiate. Their leadership was often weak, but we must remember that since 1948, when the nascent IDF went from village to village with ledgers containing the names of those who should be assassinated, until the attempted assassination of Muhammed Deif a few days ago, Israel has conducted a systematic campaign of eliminating by murder or imprisonment any Palestinian showing real or potential leadership. Fearful of giving any credit to Palestinian peace-making lest it undermine their own absolute claims by legitimizing a Palestinian “side,” Israelis forget and deride any Palestinian hand reaching out to them. Who remembers, for example, the moving words of Yasser Arafat at the (unsuccessful) conclusion of the Wye Plantation negotiations in 1998?  That’s when Netanyahu decided to stop agreed-upon Israeli withdrawals in the West Bank and his Foreign Minister Sharon publically called on the settlers to “grab every hilltop.” Nonetheless, in the concluding press conference, with nothing to gain and no prompting, Arafat said:

I am quite confident that I’m talking in the name of all Palestinians when I assure you that we are all committed to the security of every child, woman and man in Israel. I will do everything I can so that no Israeli mother will be worried if her son or daughter is late coming home, or any Israeli would be afraid when they heard an explosion.

The Palestinians’ messaging of peace, security and, yes, justice, was always buried under Israeli spin. At that very same Wye Plantation meeting, Sharon demonstrably refused to shake Arafat’s hand before the cameras. “Shake the hand of that dog?” he told reporters: “Never.” Mahmoud Abbas has gotten little better from Sharon or Netanyahu, despite repeated televised meetings with Israeli students, Knesset members or anyone else willing to listen to his pleas for peace, even at the price of giving up parts of East Jerusalem and some major settlement blocs. Abbas and his Palestinian Authority bear their share of the responsibility for this as well. For his own reasons Abbas has silenced his most articulate spokespeople, filled his Authority’s diplomatic posts for the most part with ineffective political hacks and makes it almost impossible for reporters to get information or responses – all in contrast to Israel’s vaunted hasbara and legions of professional spin-doctors. As a result, there has been little official Palestinian messaging at all. What has saved the day until now has been the efforts of civil society supporters of the Palestinian cause: the contributors to the Electronic Intifada, articulate Palestinian activists and academics on al Shabaka, events and actions initiated on campuses by Students for Justice in Palestine (SJP) and the myriad analysts, activists and organizations of the international civil society, including critical Israeli ones, not to forget the growing BDS movement.

That seemed to change suddenly when, on August 26th, Israel announced that it had accepted a permanent cease-fire with no pre-conditions, to be followed by a month of negotiations over issues of concern to Gazans – opening borders, reconstruction under international supervision, the rebuilding of the airport and seaport, ending restrictions on Palestinian fishing and on farming in the “buffer zone,” the reopening of the “safe passage” to the West Bank, release of prisoners and more. Hamas, who led the confrontation with Israel, was careful not to disconnect Gaza from the wider struggle for Palestinian national rights. It was Abbas who announced the cease-fire, not Khaled Mashal or Ismail Haniya, stressing that the struggle was a Palestinian one, not merely Gazan. In fact, although Netanyahu initiated Operation Protective Edge with an eye to destroying a Palestinian Unity Government of Fatah/Hamas, he ended up strengthening it. Hamas emerged the darling of the Palestinian people, as least as far as resistance goes. It was announced that Hamas and Islamic Jihad would be joining the PLO. And, in order to allow a kind of civil relationship with Egypt, Hamas lowered its pan-Islam Muslim Brotherhood profile in favor of its Palestinian one.

Still, the messaging belonged to Hamas, the ones who not only confront the Israeli Occupation but who have seized the political initiative from it. In stark contrast to Abbas, who has declared security cooperation with Israel to be “sacred” and who passively allows Israel to take effective control of Area C, the 62% of the West Bank where the settlements, the massive matrix of Israeli highways and the Separation Barrier spell the end of the two-state solution, Hamas has sent a clear and forceful message to Israel: We won’t submit even if you kill us. Deal with us justly – or disappear.

Yes, even in its moment of triumph – an Israeli commentator wryly noted on TV this week that “a Six Day War this will not be,” and polls show that 59% of Israelis do not believe Israel won – Hamas has left the door open to a two-state solution. Their position, as I understand it and as set out in the Prisoners’ National Conciliation Document of 2006, is nuanced but principled and coherent. Hamas and Jihad reject utterly the legitimacy of Israel, viewing it as a settler colonial state, and thus reject any negotiations with it or any subsequent recognition. That said, if other Palestinian parties (i.e. Fatah) enter into negotiations with Israel and the outcome is a total withdrawal from the Occupied Territory based on conditions that would allow a truly sovereign and viable Palestinian state to arise, and if such a outcome would be approved by a referendum of all Palestinians around the world, Hamas and Jihad would respect that as the voice of the Palestinian people. Thus, while still rejecting the legitimacy of Israel in principle, Hamas has agreed to join a Unity Government that accepts the two-state solution – enough for the Netanyahu government to try and break it apart. Hence Hamas’s post-Operation Protective Edge message to Israel: deal with us justly – or disappear. This is your last chance. The alternative to the two-state solution, which few Palestinians believe is still possible, and rightly so, is a single state. That’s a democratic state in the eyes of the Palestinian left, an Algeria-like situation in which the colonialists leave in the eyes of Hamas and Jihad.

This should give Israel pause, although ironically it is Israel that has eliminated the two-state solution and has left a single state – an apartheid one in the eyes of all Israeli governments, including Labor – as the only other option. Indeed, just last month Netanyahu said publicly: “There cannot be a situation, under any agreement, in which we relinquish security control of the territory west of the River Jordan.” For 110 years “practical Zionism” has believed it can beat the natives, that it can judaize Palestine and, with its metaphorical and physical Iron Walls, cause “the Arabs” to despair of the Land of Israel ever becoming Palestine.

Well, Israel has given it its best shot. After grabbing almost all the land, driving most of the Palestinians out, imprisoning and impoverishing them in tiny enclaves in both Israel and the Occupied Territory, after burying the Palestinian presence and patrimony under Israeli-only cities, towns, kibbutzim and national parks, after assassinating its leaders and leaving its youth with no hope of a future, it now brings the full force of one of the best-equipped militaries in the world against two million poor people living in an area the size of Mobile, Alabama. More than 2000 killed in Gaza, another 12,000 injured. Some 20,000 homes destroyed, 475,000 people displaced. Six billion dollars in damage to buildings and infrastructure. And for what? Israel may have finally discovered the limits of force and violence. After taking its best shots for more than a century – and, it is true, dealing the Palestinians devastating blows, as Netanyahu and the IDF proudly claim – Israel has gained one thing: an opportunity before it is too late to learn that the Palestinians cannot be beaten militarily, that Israel itself will never know security and normal life for all the “blows” it administers the Palestinians, as long as it maintains its Occupation. Indeed, for all its strength, it is liable to disappear if it doesn’t deal justly with the natives.

At least Abbas seems to have gotten the message. He now discards further pointless negotiations with Israel as brokered by the US, preferring to have the UN set a target date for Israeli withdrawal, and perhaps going to the International Criminal Court. Hamas is likely to prevent any backsliding on his part. Maybe Israel will never get the message, its hubris blinding it to tectonic shifts in the geopolitical landscape, especially among the people of the world. But the collapse is happening. Perhaps slower than in apartheid South Africa, the Soviet Union, the Shah’s Iran or Mubarak’s Egypt, but happening none the less. Having lost the power of deterrence, Israel will either have to deal justly with the Palestinians or, indeed, disappear.

Hamas leader Khaled Meshaal (Photo: AP) 

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| Open letter to John Baird, Canadian FM: Stop slandering Richard Falk!

Mr. Baird: Stop Slandering Richard Falk ~ Hanna Kawas, Chairperson, Canada Palestine Association.

Dec. 20, 2013.
Open letter to John Baird, Canadian Foreign Minister

Mr. Baird:

Your latest call for the removal of Richard Falk, the U.N. Special Rapporteur for the Palestinian Territories, smacks of hypocrisy and racism; it also exposes your (and your government’s) blind support for Israeli war crimes and Apartheid.

While your government officially claims that “Canada does not recognize permanent Israeli control over territories occupied in 1967 (the Golan Heights, the West Bank, East Jerusalem and the Gaza Strip)”, you are nonetheless supporting not only settlement building but also settlement products that are not exempt under the “Canada-Israel Free Trade Agreement (CIFTA)”.

You, your Prime Minister and your government also support unconditionally the discriminatory policies of the “Jewish National Fund” (JNF), which is financing illegal Israeli settlements and the infamous Canada Park that is built on the rubble of three Palestinian towns in the occupied West Bank. By doing so, you are violating the Fourth Geneva Conventions to which Canada is a signatory.

Your comments not only “undermine the fundamental values of the United Nations”, they also deny the terrible suffering and the slow genocide of the Palestinian people since the Zionist ethnic cleansing started in 1947/48. Recently, your spokesperson Rick Roth dismissed the new mini-genocide, the “Prawer Plan” which the Israeli government is planning for the Bedouin Israelis, as an “internal Israeli matter”.

You called for Prof. Falk to be fired “for his numerous outrageous and anti-Semitic statements”. However, it is your statement that is outrageous and libellous considering that he is a Jewish international law scholar that fought all his life for the truth, justice, equality and peace (contrary to what your government stands for). Once again it is you Mr. Baird that is promoting anti-Semitism by claiming that everything Israel does falls on the shoulders of all Jews. We asked you previously, clearly to no avail: “Mr. Baird: Don’t Equate Zionism with Judaism”‏.

Stop taking your marching orders from Tel Aviv and start, if you care for your dignity and humanity, listening to the vast majority of Canadians who yearn for peace and justice.

Hanna Kawas,

Chairperson,
Canada Palestine Association

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| Stealing Palestine: Interview with Richard Falk!

Stealing Palestine: interview with Richard Falk ~ Stuart LittlewoodRedress Information & Analysis.

Creeping annexation, ethnic cleansing and “the politics of fragmentation” inflicted by criminals who strut the world stage and thumb their noses at international law.

As the international conspiracy to rob Palestinians of their freedom and homeland is exposed a little more each day, observers and activists still puzzle over the duplicity of the United Nations in the decades-long illegal occupation and ethnic cleansing of the Palestinian territories, not to mention the true intent of Palestinian leaders. So when Richard Falk, Professor of International Law at Princeton and UN Special Rapporteur on Human Rights in Occupied Palestine, visited Norwich recently, I took the opportunity to put some questions to him.

“Peace process”

[Stuart Littlewood] Can we start with the so-called “peace process”, please? Does the resignation of the Palestinian negotiation team, and the reasons given, effectively end the already discredited “peace talks”? Should the Palestinians walk away or carry on playing a pointless game for another six months?

[Richard Falk] It is difficult to know how to assess the current suspension of peace talks. The Palestinian Authority (PA) seems always ready to bend to pressure, although with some outer limits. In this respect, the future of this phase of “peace talks” will be determined not in Ramallah, but in Washington and Tel Aviv. It should be evident 20 years after Oslo that the peace talks serve Israel’s interest in “creeping annexation” of the West Bank and ethnic cleansing in East Jerusalem, while diminishing Palestinian prospects, and even harming the Palestinian image by disinformation that blames the Palestinian side for the breakdown of the process when and however it occurs. It would be a welcome sign of PA independence if they come forth and denounce this peace process for what it is.

The sad reality is that this is almost certain not to happen, and more likely than not the period of negotiations will be extended beyond the nine months set aside, on the entirely false claim that the parties are on the verge of resolving all their differences, and with a little patience, the prospects for a deal are quite bright.

[Question] The negotiators said they were resigning because of the “unprecedented escalation” of settlement building and because the Israeli government wasn’t serious about a two-state solution and had failed to fulfil commitments given before the present talks were resumed. I now read that [Palestinian negotiator Saeb] Erekat has already been back to Washington for more talks with Tzipi Livni (Israel’s lead negotiator), [US Secretary of State John] Kerry and US envoy [Martin] Indyk. Far from denouncing the process they are once again endorsing it, which makes your point.

In any case, how acceptable is it for a weak, demoralized and captive people like the Palestinians to be forced to the negotiation table with their brutal occupier under the auspices of a US administration seen by many people as too dishonest to play the part of peace broker?

[Answer] Even if the United States was acting in good faith, for which there is no evidence, its dual role as Israel’s unconditional ally and as intermediary would subvert the credibility of a negotiating process. In fact, the US government signals its partisanship by White House appointments of individuals overtly associated with the AIPAC [American Israel Public Affairs Committee] lobbying group as special envoys to oversee the negotiations such as Dennis Ross and Martin Indyk. It is hard to imagine the fury in the West that would exist if the conditions were reversed, and the UN proposed a one-sided “peace process” biased in favour of the Palestinians. The unsatisfactory nature of the current framework of negotiations is further flawed by weighting the process in favour of Israel, which enjoys a position of hard power dominance.

Palestinians’ main grievances are all reinforced by an objective interpretation of international law

[Q] There can be no peace without justice, so is it right for final status “negotiations” to be held before competing claims are tested in the courts and the many outstanding rulings under international law and UN resolutions are implemented? In any case, shouldn’t a neutral UN peace commission be supervising the final settlement of this long struggle, rather than the US or the Quartet?

[A] Yes, if the priority were to attain a just and sustainable peace, a framework would be developed that had two characteristics: neutral as between the two sides and sensitive to the relevance of rights under international law. Such sensitivity would favour the Palestinians as their main grievances are all reinforced by an objective interpretation of international law, including in relation to settlements, Jerusalem, refugees, borders, water.

Mahmoud Abbas’s legitimacy

[Q] How much legitimacy does Palestinian President Abbas enjoy, having overstayed his term of office?

[A] This question of political legitimacy of President Abbas turns on the subjective mood of the Palestinian people. Because the PA is a political entity so vulnerable to pressures and manipulation, the status of its presiding leader seems to be widely seen as a secondary matter of limited significance. When President Abbas has articulated the case for Palestinian statehood during the last three years at the United Nations he gained considerable personal respect among most governments and for many Palestinians. He seems a leader caught between the realities of his compromised position and the occasional opportunities to express the national ambitions and support the rights of the Palestinian people. The division with Hamas, and the failure to find a formula to restore Palestinian unity in relation to the West, is a further source of weakness for PA claims to represent the Palestinian people as a whole. The failure to hold scheduled elections highlights the insufficiency of PA and Palestinian leadership.

Two-state solution

[Q] Do you believe a two-state solution is still feasible?

[A] No. I think Oslo has been dead for some years, primarily due to Israeli policies designed to encroach upon the remnant of Palestinian territorial and symbolic rights, especially by the continuously expanding settlement archipelago, the unlawful separation wall built on occupied territory, and the demographic manipulations in East Jerusalem. The pretence that Oslo plus the Roadmap point the only way to peace serves American and Israeli purposes in quieting growing complaints about the persistence of the conflict. It represents a diplomatic attempt to deflect criticism, and to divert attention from Palestinian grievances and a growing global solidarity movement.

[Q] The 1947 UN Partition was unworkable as well as immoral. Shouldn’t the whole territory [of historic Palestine] be returned to the melting pot and shared out more sensibly? Shouldn’t Jerusalem and Bethlehem become an international city, or corpus separatum, as the UN originally intended?

[A] For me the fundamental flaw with the partition proposals contained in GA [UN General Assembly] Resolution 181 was the failure to consult the people resident in Palestine at the time. A secondary flaw was the unfairness of awarding 55 per cent of the territory to the Jewish presence as represented by the Zionist movement, which in 1947 represented an estimated 7 per cent of Palestine’s population. This idea of determining the future of Palestine by outsiders, even if well intentioned, which seems not to have ever been the case, is incompatible with the historical trend toward resolving the future of peoples by way of the dynamics of self-determination. In Palestine’s case, at least from the issuance of the Balfour Declaration onwards, this effort to control the future of Palestine has been justly condemned as the last major example of “settler colonialism”. It is a particularly acute example as the settlers have no mother country to which to return, and take a poker player’s high risk posture of “all in”.

International Criminal Court

[Q]  Turning to the role of the International Criminal Court [ICC], this is an organ of the UN. So why doesn’t the ICC initiate its own prosecution of Israeli crimes based on UN reports and the mountain of evidence available to it, especially in view of Palestine’s upgraded status?

There is no authoritative explanation of ICC passivity in face of the Israeli criminal violation of fundamental Palestinian rights.

[A] There is no authoritative explanation of ICC passivity in face of the Israeli criminal violation of fundamental Palestinian rights. As a matter of speculation, it is plausible to assume an absence of political will on the part of the prosecutor’s office to initiate an investigation that would be deeply opposed by Israel and the United States. The ICC has been recently criticized for its Western bias, and its failure, for instance, to consider whether the United Kingdom and the United States violated the Rome Statute’s enumeration of international crimes by initiating and conducting the Iraq War. The African Union has complained about the seeming focus on the criminality of African leaders, and the bypassing of grievances directed at Western behaviour.

Responsibility to protect in Palestine

[Q] We hear you and others calling for intervention to prevent humanitarian catastrophes, e.g. the Gaza water crisis. Who exactly are you calling on? What is the chain of responsibility for intervening.

[A] There has been evolving within the UN and in international society more generally a sense that there is a “responsibility to protect” [R2P] peoples subject to severe threats of humanitarian catastrophes or natural disasters. Such sentiments are part of a process I have described as “moral globalization”.

In fact, R2P diplomacy has been discredited by being used as a geopolitical instrument, most dramatically as the normative foundation for the UN endorsement of the NATO 2011 military intervention in Libya. With respect to Libya the justification was protection against a feared massacre of civilians in the city of Benghazi, but the actual military operation from its outset seemed designed to achieve regime change in Tripoli. When it comes to Gaza where the present crisis has passed into a zone of desperation, the UN and world community are silent as if stone deaf to this deepening human crisis of survival.

So long as it is useful for Israel and Washington to treat Hamas as “a terrorist organization” the UN will be limited in its role to being a provider of a subsistence existence for the Gazan people…

[Q] We have just seen the UN intervening to bring fuel into Gaza as it teetered on the brink of a full-blown public health crisis. There are many such emergencies thanks to Israel’s continuing blockade. Why doesn’t the UN take over the supply of fuel full-time? And indeed the supply of medicines, drugs, medical equipment and spares?

[A] The tragic situation in Gaza cannot be understood without taking account of the political context, above all the split between Fatah and Hamas, and the Israeli posture toward Gaza after its “disengagement” in 2005 and the imposition of a punitive blockade in mid-2007 after Hamas took over the governance of Gaza. The UN has no capability to override geopolitical priorities, and so long as it is useful for Israel and Washington to treat Hamas as “a terrorist organization” the UN will be limited in its role to being a provider of a subsistence existence for the Gazan people, long victims of unlawful Israel policies of “collective punishment”, unconditionally prohibited by Article 33 of the Fourth Geneva Convention.

After the Egyptian coup of 3 July this year [reference to the mass popular uprising against the Muslim Brotherhood’s President Muhammad Morsi], the subsistence regime evolved in Gaza is itself in jeopardy. The tunnel network has been substantiallydestroyed by Egyptian military action and the Rafah crossing from Gaza to Egypt has been mainly closed, isolating the people, and creating emergency conditions due to fuel shortages that have made electricity available only in very limited amounts.

The results are horrifying: sewage in the streets, insufficient power to run machines needed to keep the terminally ill alive, fuel shortages that virtually preclude economic activity, and closed borders that seal the fate of 1.6 million Gazans. Long before this dramatic further deterioration of life circumstances, observers were calling Gaza the largest open air prison in the world.

Israeli theft of Palestinian water and gas

The wrongful appropriation by Israel of Palestine’s water, land and energy resources has been a massive crime against the Palestinian people…

[Q] What is the UN doing to protect Palestine’ s precious aquifers and offshore gas field from being plundered by the Israelis?

[A] Again, the UN has no independent capability, or ever will, to challenge Israel or to protect Palestinian rights. It is a case of geopolitical manipulation and Palestinian victimization. The wrongful appropriation by Israel of Palestine’s water, land and energy resources has been a massive crime against the Palestinian people that has been continuous with the occupation that commenced in 1967.

[Q] Why is the requirement, often repeated, to allow Palestinians free and unfettered movement in and out of Gaza not implemented? Gaza and the West Bank are supposed to be a contiguous territory but, for example, Palestinian students in Gaza are prevented from attending their excellent universities in the West Bank. And why are Gazan fishermen still restricted to a mere fraction of their territorial waters, despite agreements to the contrary, and regularly fired on? Why is Israel not prosecuted for acts of piracy in international waters against humanitarian traffic to Gaza?

Israeli military dominance, as politically reinforced by American geopolitical muscle, overrides all of these Palestinian claims of right… Such injustice and suffering can only be challenged by Palestinian resistance and international solidarity.

[A]  As earlier, the hard power realities of Israeli military dominance, as politically reinforced by American geopolitical muscle, overrides all of these Palestinian claims of right. In this respect, such injustice and suffering can only be challenged by Palestinian resistance and international solidarity. The specific abuses can and should be delimited to raise public awareness and contribute to the mobilization of support for the Palestinian struggle, but it is pointless to expect the UN to do more than its capabilities allow. The whole structure of the organization, combined with the method of funding, gives geopolitical pressures great leverage in relation to specific situations. The veto power given to the permanent members of the Security Council is a major expression of this weakness that was built into the constitutional structure of the UN from the moment of its establishment.

“Nuremberg Promise has not been kept”

[Q] People reading what you say here will be alarmed that US geopolitical power and Israeli military might can so easily override international and humanitarian law. After Nuremburg our legal institutions were strong enough to bring Nazi era criminals to book, but present-day war criminals walk free and thumb their noses. What hope is there for mankind and our brave new world if this is allowed to continue?

The bottom line is that we live in a world in which the primacy of hard power prevails in the relationship among states.

[A] The Nuremberg experience was based on “victors’ justice”, holding the defeated leaders after World War II criminally accountable, while exempting the crimes of the victors from accountability. There was a promise made at Nuremberg that in the future the rules by which the Germans were judged would be applicable to all who committed state crimes in the future. This Nuremberg Promise has not been kept. The political and military leaders of the main states enjoy impunity while the leaders of defeated countries (e.g. Saddam Hussein, Slobodan Milosevic) or sub-Saharan African countries are prosecuted by international tribunals. Double standards prevail, and it is questionable whether an international criminal law that punishes the weak and exempts the strong is to be treated as legitimate, even if those accused receive a fair trial and are convicted and punished only if they were guilty of grave misconduct.

The bottom line is that we live in a world in which the primacy of hard power prevails in the relationship among states. Geopolitical leverage enables Israel to defy the most basic principles of international law, and yet their leaders are not held accountable. There are only two paths available that challenge this result. National courts can be empowered by what is called “universal jurisdiction” to investigate, indict, prosecute, convict and punish anyone accused of state crime that can be personally delivered to the relevant court. In 1998 the Chilean dictator was detained in London after the Spanish government requested that [Augusto] Pinochet be extradited. After lengthy litigation it was found that Pinochet could be extradited for torture committed during part of his reign, but in the end he was sent back to Chile because of health reasons, and never faced trial in Spain. Yet such a possibility exists in relation to Israeli political and military leaders, and seems to have discouraged their travel to countries whose criminal law contains the authority to invoke universal jurisdiction.

The other possibility is by convening a peoples tribunal of the sort constituted in the past by the Bertrand Russell Foundation in Brussels and the Lelio Basso Foundation in Rome. The Russell Foundation sponsored four sessions devoted to various allegations of criminality attributed to the government of Israel. It produced convincing documentation of the charges, and issued judgements that called for civil society initiatives. Such a tribunal, although acting on evidence and in accord with the relevant provisions of international criminal law, possesses no formal authority and lacks implementing capabilities. Its role is limited to documenting the case against a government, and providing symbolic support to those who contend that there have been violations of international criminal law. Such outcomes may influence public opinion, and help change the balance of political forces by undermining the legitimacy of an established order of oppression as exists with respect to Israel’s relationship to the Palestinian people and the denial of their collective right of self-determination.

Palestinian disunity

[Q]  What are the chances as you see them for achieving unity between Fatah and Hamas, and how should the Palestinians play their cards in future?

The “politics of fragmentation” designed to undermine Palestinian unity… has been alarmingly successful.

[A] There is a near unanimous belief among Palestinians and their supporters that unity is needed to move the struggle forward. Such unity existed throughout the early decades of the Palestinian national movement, despite many ideological differences relating to tactics and goals, but within a shared resolve to achieve national liberation. The unifying image provided by Yasser Arafat’s uncontested leadership was also important.

Israel has pursued a policy I describe as “the politics of fragmentation” designed to undermine Palestinian unity, and it has been alarmingly successful. Oslo contributed to this end by dividing up the West Bank into Areas A, B and C, by splitting the administration of Gaza off from the rest of Palestine. The emergence of Hamas highlighted Palestinian fragmentation, a result welcomed by Israel even as it was condemned. Fatah appears to have been inhibited in reaching some kind of functional unity with Hamas by pressures to refrain from such moves mounted in Israel and the United States. So long as Hamas is treated as a terrorist organization, even in the face of its turn from armed struggle and entry into the political process back in 2006, there will be strong opposition to moves towards unity…

Deflection by defamation

[Q]  Finally, Richard, your robust defence of Palestinian rights has ruffled many feathers and led to demands from “the usual suspects” for your dismissal. Should the people you speak up for be concerned about this?

[A] The attacks on me, and others who have tried to bear witness to the directives of international law and political justice, are part of a deliberate campaign by Israel, and its cadres in civil society, to deflect attention from the substantive grievances of the Palestinian people. It is what I have described as “the politics of deflection”, go after the messenger so as to deflect attention from the message. The media have been largely compliant as have Israel’s powerful governmental friends, including the United Kingdom, US and Canadian governments. Of course, many NGOs and elements of the public push back against such tactics. In my case the defamatory efforts of UN Watch, in particular, have been unpleasant, but have not altered my effort to do the job of witnessing to the best of my ability and in accordance with the canons of truth telling.

Those of us living in comfort should not turn our gaze away from the children of Gaza this Christmas.

[Q] Thank you for being so generous with your time and sharing your assessment of the situation. But before you go, what sort of Christmas can the children of Gaza look forward to?

[A] We can only imagine the horror of Christmas this year in Gaza for young and old alike: from life amid raw sewage to freezing cold, scarcities, desolation and a sense that the world is elsewhere, indifferent to such acute suffering, such sustained injustice, such blind hate.

And yet also knowing many Gazans makes me believe that even in such dire circumstances there remains space for some laughter, and much love, and that such a spirit of resistance lives on among the children of this place haunted by the evils of our world. If present these days in Gaza it would likely make me feel a mystifying blend of sadness and inspiration.

At the very least, those of us living in comfort should not turn our gaze away from the children of Gaza this Christmas: we should demand empathy from our leaders and be as personally attentive as possible, whether by commentary, prayer, donations, a compassionate scream! We should not allow these days of celebration and renewal to pass this year without moments of reflection on selfish joys and cheerful carols, as contrasting with the miserable destiny bestowed upon the innocent and abused children of Gaza

Let us look the children of Gaza in the eye if we can. And if we can’t, as I could not, seize the moment to reflect on what it means to be (in)human during this holiday season.

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| Palestine is still on its own long walk to freedom!

Palestine is still on its own long walk to freedom ~ Dr Daud Abdullah, MEMO.

There are certain events in the life of nations that define their history for generations. In South Africa, the 1960 Sharpeville Massacre and the 1976 Soweto Uprising are prime examples. In Palestine, Israel’s wilful killing of four Palestinian workers in December 1987 ignited the First Intifada (Uprising) and changed the course of the Palestinian struggle forever.

The comparisons are apt. Sharpeville give birth to Umkhonto we Sizwe (Spear of the Nation), the military wing of the African National Congress (ANC), in 1961, which kept up the pressure on the apartheid regime until June 1976 when the Soweto Uprising erupted and sent several other townships into a spiral of rebellion.

As in South Africa, there were deep seated social, economic and political factors inherent in the Palestinian experience which made the Intifada inevitable. It was from this charged political climate that the Islamic Resistance Movement (Hamas) emerged to become a major political force on the Palestinian scene. Almost thirty years later, Hamas has gone on to develop a military capability that allows it to resist the Israeli occupation as well as pursue the goal of national liberation.

Ultimately, this is as far as the comparisons can go. There are significant differences too. For a start, the ANC never gave up the option of armed struggle before the goal of national liberation was achieved. In Palestine, however, the negotiations which started in Madrid in 1991 were used as a pretext to quash the Intifada then at its height; armed resistance was abandoned by the Western-backed Palestinian leadership. That is still the case today, despite their failure to deliver on any of the promises enshrined in the Oslo Accords and national liberation is still a dream.

MAN FREE

Former Hamas spokesman Ibrahim Ghusheh recalls in his newly-published memoirs how intense pressure was brought to bear on Hamas at a meeting convened by Sudan’s President Omar Al-Bashir between Hamas and Fatah just prior to the Madrid Conference. The aim of the meeting, wrote Ghusheh, was to force Hamas to join the Palestine National Council (PNC) and then attend its planned meeting in Algiers, where the PLO leadership intended to endorse the decision to go to Madrid. In the event of any agreement with the PLO, having Hamas within the PNC would have made the Oslo Accords look as if they were endorsed by the Islamic movement.

In its early stages, the Intifada was referred to as the “Mosques’ Intifada” because of the noticeable influence of the Islamic movement in the occupied Palestinian territories. It was later referred to as the “Stones Intifada” in recognition of the weapons used to confront Israel’s military might.

Everyone was taken by surprise by the uprising’s scale and intensity. The occupying Israeli power believed wrongly that after the humiliating defeat of 1967 their colonial project in Palestine would never again be challenged by either the Palestinians or the Arab states. They reckoned that the defeat of the official Arab armies in the Six-Day War had put an end to all forms of resistance.

They were wrong. Out of the rubble of 1967 a new generation emerged; they were not the defeated generation, psychologically or politically, as was often presumed. The regimes around them were, but they were not. They have come of age today.

As for Hamas, it has survived, despite the extra-judicial killings of its historic leadership; despite the siege of Gaza; and despite the attempts by the Israeli occupation to besmirch and isolate the movement with the ‘terrorist’ label. Since the Intifada catapulted it on to the political scene Hamas has remained an indispensable factor in the complex Palestinian equation.

Today it appears that the pre-Oslo scenario is about to repeat itself as Israeli officials point out openly that that they will not sign a deal with the Palestinians if Hamas is not on board.

The failure of the US-sponsored negotiations have left Palestinians bitterly disillusioned and aggrieved. On the other hand, the achievements of the Hamas-led resistance, notably from Gaza, have made them optimistic that they can realise their dream of being free in their own land; not because of US impartiality but in spite of Washington’s bias as a dishonest broker.

For the people of the Gaza Strip, this 26th anniversary of the First Intifada has a special meaning and significance. Just as Soweto formed the crucible from where the South African Uprising of 1976 erupted, so too Jabaliya refugee camp in Gaza became the launch pad of the 1987 Intifada. It was from there, in Gaza, that Hamas announced its arrival with its first communique on 14 December 1987.

The Soweto Uprising of 1976 laid the foundation for the long but ultimately successful international boycott and sanctions campaign against the South African apartheid regime. Although the Palestinian Intifada pricked the conscience of the world community in 1987, this never developed into a similar international boycott, possibly because the priority for campaigners at the time was to defeat South Africa’s heinous political system. Now that it has been dismantled the world must turn its attention to the last remaining bastion of racial domination, Israel’s occupation of Palestine. Justice and liberation for the Palestinians is long overdue but notice is given to the world that whether they get on board to defeat Israeli apartheid or not, the Palestinians have the courage, patience and determination to continue with their resistance, in their own unique style, on their own long walk to freedom.

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| Israel boycott bites deeper as Dutch company cuts ties!

Israel boycott bites deeper as Dutch company cuts ties ~ Redress Information & Analysis.

It seems that hardly a day passes by without someone – a country, a firm, an individual – ends their relationship with Israel, which is increasingly becoming a serious reputational risk.

The latest to see the light is the Dutch water supplier Vitens, which has ended a partnership with the Israeli water company Mekorot, Vitens announced on 11 December, the Israeli news website Ynet reports.

In a statement, the Dutch company said it was “extremely hard” to work with Mekorot on future projects “because they cannot be taken out of the political context”.

The Dutch decision comes days after the Netherland’s trade minister, Lilianne Ploumen, abruptly cancelled a visit to the Mekorot offices in Israel.

The planned visit was part of a larger tour of Israel by the Dutch prime minister, Mark Rutte, which was marred by a dispute over a Dutch-made security scanner on the Gaza border.

Mekorot, which provides water to Israelis and to the illegal Jewish colonies in the West Bank, has been accused by the Dutch media of denying water access to Palestinians,Ynet notes

According to the World Bank, a third of Palestinian territories are cut off from the Israeli water system and Israelis draw out a far bigger share of the water supply than agreed in the 1995 Oslo accords .

Vitens said the decision to end the relationship with Mekorot was made after conferring with the Dutch Foreign Ministry and other “concerned parties”.

Israel’s relationship with the civilized world appears to be deteriorating to the point of no return, as more and more countries, particularly in Europe, summon the courage to say “enough” to Israeli crimes.

Readers with long memories will remember the comparable stage in the 1970s and 1980s when, one by one, Western states and companies began to abandon apartheid South Africa, eventually leading to the collapse of the supremacist regime there.

The path ahead with respect to the boycott Israel campaign may be long, but the pattern that is beginning to form is clear for all to see.

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| FREE Marwan Barghouti: Palestine’s Mandela!

Where is Palestine’s Mandela? ~ Alan Hart, www.alanhart.net.

The answer to my headline question is that he, Marwan Barghouti, is in an Israeli jail where he has been since his arrest in Ramallah by an IDF unit in 2002, after which, in 2004, he was sentenced to five life terms in prison. Some months before his arrest one of Israel’s security agencies tried and failed to assassinate him. A missile was fired at his bodyguard’s car and killed the bodyguard. (If the attempt on Barghouti’s life had succeeded, his killers would not have been brought to justice because as well as bulldozing Palestinian homes and stealing Palestinian land and water, Israel kills, murders, with impunity).

 

Regular readers of my occasional thoughts and analysis will know that I am in favour of the dissolution of the impotent, corrupt and discredited Palestine National Authority (PNA) and handing back to Israel complete and full responsibility for the occupation. As I have previously said, this could make calling and holding the Zionist monster to account for its crimes something less than a mission impossible. But…

If putting the PNA out of its misery is not an option, what the Palestinians of the occupied West Bank and the besieged Gaza Strip need, urgently, are elections to give them the opportunity to bring on a new and credible leadership. If there were elections, and if Barghouti was pardoned, released and allowed to run for the office of “President of Palestine”, he would almost certainly win.

I’m also happy to speculate that in office he would do what collaborator Abbas, more or less under orders from the U.S., has failed to do – unite Fatah and Hamasto enable the occupied and oppressed Palestinians to speak with one voice.

As I have written and said in the past, it bears repeating, there is no secret about Hamas’s real position. While it is not prepared to recognise Israel’s “right” to exist, nor should it do so, it isprepared, with Arafat-like pragmatism, to recognise and live with the actual existence of an Israel inside the pre-1967 war borders with, probably, mutually agreed minor border changes, and Jerusalem an open, undivided city and the capital of two states. Assertions about Hamas’s real position to the contrary by Greater Israel’s hardliners and the neo-fascists to the extreme right of them are Zionist propaganda “bs” (President Carters code for bullshit), out of the same stable as Netanyahu’s nonsense about Iran representing a threat to Israel’s existence.

Now 54, and fully fluent in Hebrew, Barghouti joined Fatah at the age of 15. He co-founded the Fatah Youth Movement on the West Bank and became Secretary General of Fatah in that territory. He is widely believed to have been the leader on the ground of the first and second intifadas. (Once it was underway the oversight director of the first intifada was actually Arafat’s number two, Abu Jihad, from the bedroom of his home in Tunis; and that’s why Israel assassinated him, in his bedroom, on 16 April 1988. If he had not been assassinated, Abu Jihad would have succeeded Arafat and the Palestinian cause would have been in the best possible hands at leadership level).

At about the time of his arrest Barghouti’s position on ending the conflict was in this statement:

I, and the Fatah movement to which I belong, strongly oppose attacks and the targeting of civilians inside Israel, our future neighbour. I reserve the right to protect myself, to resist the Israeli occupation of my country and to fight for my freedom. I still seek peaceful coexistence between the equal and independent countries of Israel and Palestine based on full withdrawal from Palestinian territories occupied in 1967.

In jail Barghouti has continued to condemn attacks on civilians in Israel but also stressed that he supported armed resistance to Israeli occupation. (In international law all occupied peoples have the right to resist occupation by all means including armed struggle).

Even in Israeli political and media circles there has been some debate about pardoning and releasing Barghouti. Following his January 2006 re-election to the Palestinian Legislative Council (he was first elected to it in 1996), Yossi Beilin, a foreign policy specialist and former Israeli government minister, and a voice of some sanity, called for Barghouti to be pardoned. And it was probably on advice from Beilin that in January 2007 Shimon Peres, then deputy prime minister, declared that if elected to the presidency he would sign a pardon for Barghouti. He has not yet done so and I think it’s reasonable to assume that Netanyahu said to him something like, “Don’t even think about it!”

The last thing Netanyahu wants is a Palestinian leader who commands the respect of his people and will not accept crumbs from Zionism’s table.

In his tribute to Nelson Mandela at the memorial service in Soweto’s FNB stadium, President Obama said that he, Mandela, “understood that ideas cannot be contained by prison walls, or extinguished by a sniper’s bullet.” Barghouti understands that, too.

What a real peace process needs is an Israeli leader who understands that an acceptable amount of justice for the Palestinians is an idea that can’t be destroyed by military might and oppression of all kinds. Such a leader would pardon and free Marwan Barghouti.

To the Zionist argument that he can’t be freed because he is a terrorist, there can be only one response.

Whether Barghouti was or was not a terrorist is an irrelevance. Mandela was described as a “terrorist”, and so were many of those who became prime ministers and presidents of Britain’s former colonies when they gained their independence. And what about Zionism’s own, Menachem Begin for example, arguably the most successful terrorist of modern times if not all of human history? (Begin had a leading role in driving out of Palestine by terrorism first the occupying British and then three-quarters of its indigenous Arab inhabitants).

To that response could be added the fact that Israel sometimes resorts to state terrorism.

There is good reason to believe that if Barghouti was pardoned and freed and became the president of Palestine, he would pursue a Mandela-like path of reconciliation to the extent that he would be committed to the wellbeing and security of Jews in a state of Israel inside more or less its borders as they were on the eve of the 1967 war. So there is a case for saying that Israel needs Barghouti as much as the Palestinians do.

There is now one thing (apart from Netanyahu!) that neither Israel nor the occupied and oppressed Palestinians need. It was drawn to my attention in an article by Abdel Bari Atwan, the former editor-in-chief of Al Quds, the only Arab newspaper while Abdel Bari was in charge of it that was required reading in the foreign offices of the Western world. Abdel Bari is no longer with the paper because its principal Gulf Arab funders were not prepared to tolerate his truth-telling any longer and demanded his departure. That didn’t come as a surprise to me because when three years ago I interviewed him for my Heart of the Matter series for Press TV (which can be found on my web site www.alanhart.net), he told me that the chair in which I was sitting opposite him at his desk had been occupied some weeks previously by a Saudi royal who offered him a vast amount of money to take his leave of the paper.

Abdel Bari’s article which commanded my full attention was headlined Al-Qaeda Arrives In The West Bank. It included this:

When I met Sheikh Osama bin-Laden in Tora Bora caves in the 1996, I conveyed to him people’s criticism that the organization focuses on fighting in Afghanistan, Southeast Asia (Thailand and southern Philippines), Bosnia-Herzegovina, Chechnya, Daghistan, and elsewhere and that it did not carry out any operations against Israeli targets in and outside Palestinian territories. He told me the reason was the difficulty in crossing the border and the vicious security measures that the Arab security agencies adopted against his organization… It appears (mainly because of the mayhem in Iraq and Syria) things have now changed, at least partially.

About how things are changing Abdel Bari wrote this:

The Mujahedeen Shura Council, which is affiliated with al-Qaeda, yesterday announced in a statement that the three young men killed by the Israeli army in Hebron on Tuesday were members of one of its cells. The statement, posted on the internet, said: “As we announce the martyrdom of this group, we bring to the Muslim nation the glad tidings that, praise be to God, global jihad now has a foothold in the proud West Bank after everyone tried to foil every seed planted there.”Shin Bet (Israeli internal security) officials said the extremist network had established a safe haven in the West Bank, stored weapons, and planned attacks against Israeli targets and against the PNA.

If this information is true – and it appears to be true – it will shock both the PNA and Israel because al-Qaeda’s arrival in the occupied West Bank is a very serious security breach that will have repercussions because, judging from al-Qaeda’s activities in other regions, it means martyrdom-seeking operations and booby-trapped cars.

 

I personally do not rule out such a breach. Hamas has not carried out any military attacks against Israeli targets and settlements in the West Bank because it has a sort of “truce” with both the Israelis and the PNA in the West Bank and Gaza, and with it refraining from launching any systematic operations in order to evade an Israeli incursion into Gaza, which it rules, I believe it is inevitable that al-Qaeda and its supporters will try to find a foothold; and that they will likely succeed in recruiting enthusiastic young men dismayed at the state of deadlock and influenced by the Arab revolutions.

 

If al-Qaeda (and/or affiliates) did succeed in establishing enough of a foothold on the occupied West Bank from which to launch attacks to kill Israeli Jews, that could trigger a final Zionist ethnic cleansing.

It also could be that a credible Palestinian leadership headed by Marwan Barghouti after elections would represent the very last chance for stopping the countdown to catastrophe for all.

My plea to all who campaign for justice for the Palestinians is – give a priority to calling and lobbying for the release of Marwan Barghouti, the man who could become the Palestinian Mandela in terms of the reconciliation needed if the two-state solution is to be resurrected from its grave.

If it was, my guess is that that Barghouti would entertain the same hope as Arafat – that one or two generations of a two-state peace would lead by mutual consent to a one state with equal rights for all.

Footnote

James Robbins, the BBC’s diplomatic correspondent, made what I thought was a most perceptive comment a few days ago. He said words to the effect that maybe it was not Mandela who had been in jail for 27 years but most of South Africa’s whites – in the jail of apartheid ideology. In the case of Marwan Barghouti, maybe it’s not him who is in jail but most Israeli Jews – in the jail of Zionism’s ideology.

 

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