Legal « nuclear-news

Why cost should not be an obstacle to compensating nuclear survivors

By Alicia Sanders-Zakre, Susi Snyder | July 1, 2024, https://thebulletin.org/2024/07/why-cost-should-not-be-an-obstacle-to-compensating-nuclear-survivors/?utm_source=Newsletter+&utm_medium=Email&utm_campaign=MondayNewsletter07012024&utm_content=NuclearRisk_CompensatingNuclearSurvivors_07012024

Passing an extended and expanded Radiation Exposure Compensation Act (RECA) would be an enormous victory for those affected by US nuclear weapons testing and development who will receive compensation from the legislation. A proposed revised bill would include many communities formerly left out from the compensation program, including additional residents of Arizona, Nevada and Utah, for the first time, residents of Colorado, Idaho, Guam, Montana and New Mexico, uranium miners after 1971, veterans of nuclear waste clean-up in the Marshall Islands, and St. Louis area residents exposed to nuclear waste. The bill, originally estimated by the Congressional Budget Office to cost $147 billion over 10 years, was cut down to cost $50 billion over 10 years, due to concerns by members of Congress about the expense. A RECA bill has gained overwhelming support in the Senate, but it has yet to be passed by the House, in part due to ongoing concerns about the price tag.

Our research shows that more resources exist and should be directed to this important effort, in the United States and internationally, where many nuclear survivors still wait for justice. In our report, we found that nuclear-armed countries spent $91.4 billion on nuclear weapons in 2023 alone. That’s nearly $3,000 every second. The United States spent more than half of that total – $51.5 billion or $1,633 per second. In the five years that we have done this research, from 2019 to 2023, governments have spent a total of $387 billion on nuclear arsenals. The United States alone spent more than $212 billion of that total.

The amount that the United States and other nuclear-armed governments have put towards addressing the harmful legacy of nuclear weapons for their citizens pales by comparison. Since RECA was passed in 1990, the United States has put $2.67 billion into one-time settlements to compensate those whom the United States considered eligible. To address the nuclear legacy of its testing in the Marshall Islands, the United States gave $150 million to establish a Nuclear Claims Tribunal in 1987, but has not provided further funds explicitly for this purpose since.

Internationally, compensation for survivors also comes up short. Russian nuclear test veterans receive one-time compensation for harm to health of 22,102 roubles ($245 as of February 1, 2024) as well as small monthly stipends for food. In 2023, Russia spent 710.5 billion roubles ($8.3 billion) on its nuclear arsenal. In France, CIVEN, le Comité d’Indemnisation des Victimes des Essais Nucléaires, provided 14.9 million euros ($15.9 million) to victims of its nuclear testing in Algeria and French Polynesia in 2022. Last year, France spent 5.6 billion euros ($6.1 billion) on its nuclear weapons. The United Kingdom provided a “full and final” settlement payment of £20 million to Australia in 1993 to remediate former nuclear tests sites there, in comparison to the £6.5 billion ($8.1 billion) it spent on its nuclear arsenal in 2023.

It is no coincidence that, around the world, formerly colonized and Indigenous populations were the first to be bombed and the last to receive recognition and compensation. Existing programs rarely address the multifold harms of nuclear testing beyond physical harm from radiation, such as the psychological and economic toll of displacement, deprivation of traditional ways of life or the fear of children also suffering the scars of nuclear weapons.

But international efforts to address nuclear harms, grounded in human rights principles, have increased in recent years. In July 2017, 122 governments adopted the Treaty on the Prohibition of Nuclear Weapons. The treaty includes Articles 6 and 7, creating for the first time an international collective effort to address the impacts of nuclear weapons use and testing on people and the environment. States affected by nuclear weapons use and testing that have joined the treaty—such as Kazakhstan, Kiribati, Fiji, and New Zealand—take the lead in identifying needs for affected people and for environmental remediation in their countries and designing national plans of action and structures to address those needs. All governments that have joined this treaty pledge to help if they are able. States are currently discussing establishing an international trust fund to support this work.

Providing adequate assistance to those suffering from nuclear harm and beginning to remediate contaminated environments will cost money. It will also take time. But the cost is not an excuse to forgo necessary nuclear justice programs. Our research clearly shows that ever-growing budgets to build and rebuild nuclear arsenals are readily approved by every nuclear-armed government, while funds to help those suffering are a pittance in comparison.

The exorbitant funding poured into producing and maintaining weapons of mass destruction—as those who have borne the brunt of their impacts are dismissed—constitutes a gross dereliction of duty by the nuclear-armed countries. Governments must work together at the national and international level to address the multifaceted harms that nuclear weapons production and testing have inflicted on survivors and the environment. Extending and expanding RECA would be a good place to start. House leaders should stop stalling and start acting.

July 3, 2024 Posted by Christina Macpherson | Legal, USA, weapons and war | Leave a comment

Julian Assange Is Finally Free, But Let’s Not Forget the War Crimes He Exposed

Contrary to US government claims, WikiLeaks’s revelations actually saved lives — and drove demand for US accountability.

By Editor on June 29, 2024 https://truthout.org/articles/julian-assange-is-finally-free-but-lets-not-forget-the-war-crimes-he-exposed/

After a 14-year struggle, including five years spent in Belmarsh, a maximum-security prison in London, WikiLeaks publisher Julian Assange is finally free. Under the terms of a plea deal with the U.S. Department of Justice, Assange pled guilty to one count of conspiracy to obtain documents, writings and notes connected with the national defense under the Espionage Act. Assange was facing 175 years in prison for 18 charges in the indictment filed by the Trump administration and pursued by the Biden administration.

The plea agreement requires that before entering his plea, Assange must have done everything he could to either return or destroy “any such unpublished information in his possession, custody, or control, or that of WikiLeaks or any affiliate of WikiLeaks.”

As stipulated in the plea deal, Ramona Manglona, U.S. Chief Judge of the District Court for the Northern Mariana Islands, sentenced Assange to 62 months with credit for the time he served in Belmarsh Prison. The U.S. sentencing guidelines say the range for this “offense” is 41-51 months, so Assange served 11 to 21 months longer than this type of case would typically garner.

Assange was prosecuted because WikiLeaks exposed U.S. war crimes in Iraq, Afghanistan and Guantánamo Bay. In 2010, U.S. Army intelligence analyst Chelsea Manning, who had a “TOP SECRET” U.S. security clearance, furnished WikiLeaks with 700,000 documents and reports, many of which were classified “SECRET.”

These documents included the “Iraq War Logs,” 400,000 field reports documenting 15,000 unreported deaths of Iraqi civilians, as well as systematic rape, torture and murder after U.S. forces transferred detainees to a notorious Iraqi torture squad.

They also contained the “Afghan War Diary,” comprising 90,000 reports that documented more civilian casualties by coalition forces than the U.S. military had reported. And they included the “Guantánamo Files” — 779 secret reports containing evidence that 150 innocent people had been held at Guantánamo Bay for years. The reports explain how the nearly 800 men and boys there had been tortured and abused, which violated the Geneva Conventions and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Manning also provided WikiLeaks with the infamous 2007 “Collateral Murder” video, which depicts a U.S. Army Apache attack helicopter crew targeting and killing 12 unarmed civilians in Baghdad, including two Reuters journalists, as well as a man who came to rescue the wounded. Two children were injured in the attack. A U.S. Army tank drove over one of the bodies, severing it in two. In a conversation after the attack, one pilot said, “Look at those dead bastards,” and the other responded, “Nice.” The video reveals evidence of three violations of the Geneva Conventions and the U.S. Army Field Manual.

WikiLeaks provided material for news outlets around the world to report on U.S.-led atrocities. Informing the public about the illegality of George W. Bush’s “war on terror” resulted in calls for accountability.

“10 years on, the War Logs remain the only source of information regarding many thousands of violent civilian deaths in Iraq between 2004 and 2009,” John Sloboda, co-founder of Iraq Body Count (IBC), wrote in his submitted testimony for Assange’s extradition hearing in October 2020. IBC is an independent NGO that has done the only comprehensive monitoring of credibly reported casualties in Iraq since Bush’s 2003 invasion.

“WikiLeaks cables have contributed to court findings that US drone strikes are criminal offences and that criminal proceedings should be initiated against senior US officials involved in such strikes,” Clive Stafford Smith, co-founder of Reprieve and attorney for seven Guantánamo detainees, wrote in his submitted testimony.

“They took a hero [Assange] and turned him into a criminal,” Vahid Razavi, founder of Ethics in Tech, told Common Dreams. “Meanwhile, all of the war criminals in the files exposed by WikiLeaks via Chelsea Manning are free and never faced any punishment or even their day in court.”

The Iraq War Logs

The Iraq War Logs contained extensive evidence of U.S. war crimes. Several reports of detainee abuse were supported by medical evidence. Prisoners were blindfolded, shackled and hung by their ankles or wrists. They were subjected to punching, whipping, kicking, electrocution, electric drills, and cutting off fingers or burning with acid. Six reports document the apparent deaths of detainees.

Secret U.S. Army field reports revealed that U.S. authorities refused to investigate hundreds of reports of murder, torture, rape and abuse by Iraqi soldiers and police. The coalition had a formal policy of ignoring these allegations, marking them “no investigation is necessary.”

Although U.S. and U.K. officials maintained that no official records of civilian casualties existed, the logs document 66,081 noncombatant deaths out of 109,000 fatalities from 2004-2009.

The log describes video footage of Iraqi army officers executing a prisoner in Tal Afar. It says, “The footage shows approximately 12 Iraqi army [IA] soldiers. Ten IA soldiers were talking to one another while two soldiers held the detainee. The detainee had his hands bound … The footage shows the IA soldiers moving the detainee into the street, pushing him to the ground, punching him and shooting him.”

The Afghan War Diary

The Afghan War Diary also revealed evidence of U.S. war crimes from 2004-2009. The reports describe how a secret “black” unit composed of special operations forces hunted down accused Taliban leaders for “kill or capture” without trial. Secret commando units — classified groups of Navy and Army special operatives — used a “capture/kill list,” which resulted in the killing of civilians, angering the Afghan people.

Moreover, the CIA expanded paramilitary operations in Afghanistan, carrying out ambushes, ordering airstrikes and conducting night raids. The CIA financed the Afghan spy agency, operating it like a subsidiary.

A 2007 meeting between Afghan district officials and U.S. civil affairs officers was documented in the reports. Afghan officials are quoted as saying, “The people of Afghanistan keep loosing [sic] their trust in the government because of the high amount of corrupted government officials. The general view of the Afghans is that the current government is worst [sic] than the Taliban.”

The logs recorded numerous civilian casualties from airstrikes, shootings on the road, in villages and at checkpoints; many were caught in the cross fire. The victims weren’t suicide bombers or insurgents. Several deaths were not reported to the public.

The Guantánamo Files

The Guantánamo Files say that only 220 of the 780 people held at the prison camp since 2002 were classified as “dangerous international terrorists.” Of the rest of the detainees, 380 were classified as low-level foot soldiers and 150 were considered innocent Afghan or Pakistani civilians or farmers.

Many detainees were held at Guantánamo for years based on paltry evidence or confessions extracted by torture and abuse. Among the detainees, for example, were an 89-year-old Afghan villager with senile dementia and a 14-year-old boy who was the innocent victim of a kidnapping.

The files document a system aimed more at extracting intelligence than detaining dangerous terrorists. One man was transferred to Guantánamo because he was a mullah with special knowledge of the Taliban. A taxi driver was sent to the prison camp because he had general knowledge of certain areas in Afghanistan. An Al Jazeera journalist was held at Guantánamo for six years to be interrogated about the news network.

Nearly 100 detainees were classified with depressive or psychotic disorders. Several joined hunger strikes to protest their indefinite detention or attempted suicide, the files revealed.

**No One Was Harmed by WikiLeaks’s Revelations**

Although the U.S. government alleged that WikiLeaks’s publication of information had caused “great harm,” they “admitted there was not a single person anywhere that they could produce that was harmed by these publications,” Assange’s attorney Barry Pollack said at a June 26 press conference in Australia.

The plea agreement says, “Some of these raw classified documents were publicly disclosed without removing or redacting all of the personally identifiable information relating to certain individuals who shared sensitive information about their own governments and activities in their countries with the U.S. government in confidence.”

The U.S. government claims that Assange endangered U.S. informants who were named in the published documents. But John Goetz, an investigative reporter who worked for Germany’s Der Spiegel, testified at the 2020 extradition hearing that Assange went to great lengths to ensure that the names of informants in Iraq and Afghanistan were redacted. Goetz said that WikiLeaks underwent a “very rigorous redaction process” and Assange repeatedly reminded his media partners to use encryption. Indeed, Goetz said, Assange tried to stop Der Freitag from publishing material that could result in the release of unredacted information.

Moreover, WikiLeaks’s revelations actually saved lives. After WikiLeaks published evidence of Iraqi torture centers established by the U.S., the Iraqi government refused then-President Barack Obama’s request to grant immunity to U.S. soldiers who committed criminal and civil offenses there. As a result, Obama had to withdraw U.S. troops from Iraq.

Obama took credit for ending U.S. military involvement in Iraq. But he had tried for months to extend it beyond the December 31, 2011, deadline his predecessor negotiated with the Iraqi government. Negotiations broke down when Iraq refused to grant criminal and civil immunity to U.S. troops.

What Assange’s Plea Bargain Means for Free Speech

Before she accepted Assange’s guilty plea, Judge Manglona asked him what he did to violate the law. “Working as a journalist, I encouraged my source to provide information that was said to be classified,” Assange said. “I believed the First Amendment protected that activity, but I accept that it was a violation of the espionage statute.” Assange then added, “The First Amendment was in contradiction with the Espionage Act, but I accept that it would be difficult to win such a case given all these circumstances.”

Even though Assange will go free, his plea deal raises concerns for First Amendment advocates in the U.S.

“The United States has now, for the first time in the more than 100-year history of the Espionage Act, obtained an Espionage Act conviction for basic journalistic acts,” David Greene, head of civil liberties at the Electronic Frontier Foundation, told The New York Times. “These charges should never have been brought.”

Charlie Savage, who has covered the Assange case extensively for years, warned that Assange’s plea sets a “new precedent” that “will send a threatening message to national security journalists, who may be chilled in how aggressively they do their jobs because they will see a greater risk of prosecution.” But, Savage noted, since Assange pled guilty and didn’t mount a constitutional challenge to the Espionage Act, that eliminated the risk that the U.S. Supreme Court would ultimately sanction a narrow interpretation of First Amendment press freedoms.

“WikiLeaks published groundbreaking stories of government corruption and human rights abuses, holding the powerful accountable for their actions,” WikiLeaks said in a statement announcing the plea agreement. “As editor-in-chief, Julian paid severely for these principles, and for the people’s right to know. As he returns to Australia, we thank all who stood by us, fought for us, and remained utterly committed in the fight for his freedom.”

There is no doubt that but for the sustained activism of people around the world and the work of his superb legal team, Julian Assange would still be languishing behind bars for revealing evidence of U.S. war crimes.

July 1, 2024 Posted by Christina Macpherson | Atrocities, Legal | Leave a comment

A vigil behind bars: pair who protested US nuclear bombs in Germany serving time

The judges and prosecutors, as well as the guards in prison, treat us respectfully and politely while at the same time sticking to laws and rules that are unjust and cause suffering. The biggest crime in their eyes is to upset the “order”, even though the order is set up to be criminal.

By Susan Crane and Susan van der Hijden , 29 June 24 https://beyondnuclearinternational.org/2024/06/30/a-vigil-behind-bars/

Here in Rohrbach prison we are awakened by the sounds of doves and other birds, giving the illusion that all is well in the world, until other sounds, keys rattling, doors being shut, and guards doing the morning body check, bring us back to reality.

We are sitting in a prison cell, 123 km from Büchel Air Force Base, where more than 20 U.S. nuclear bombs are deployed.

At the moment, the runway at Büchel is being rebuilt to accommodate the new F-35 fighter jets that will carry the new B61-12 nuclear bombs that were designed and built in the U.S.

The planning, preparation, possession, deployment, threat or use of these B61-bombs is illegal and criminal. The U.S., Germany and NATO know that each B61 nuclear bomb would inflict unnecessary suffering and casualties on combatants and civilians and induce cancers, keloid growth and leukemia in large numbers, inflict congenital deformities in unborn children and poison food supplies.

“We have no right to obey,” says Hannah Arendt.

Although our actions might seem futile, we understand that it is our right, duty and responsibility to stand against the planning and preparation for the use of these weapons. They are illegal under the Non-Proliferation Treaty, which both Germany and the U.S. have signed and ratified, and under the the Hague Convention, the Geneva Convention and the Nuremberg Charter.

During the international peace camps in Büchel (organized by the G.A.A.A. which consists of, among others, IPPNW, ICAN and DFG-VK; the German War Resisters League), we, together with other war resisters, and with the help of many supporters, went onto Büchel Air Force Base to communicate with the military personnel about the illegality and immorality of the nuclear bombs. We also wanted to withdraw our consent and complicity to their use.

The judges who sentenced us for these actions made a decision to follow some laws and ignore others. It is common sense, and we all know, that even the law against trespass can be broken when life is endangered.

We wake up every day with determined joy to continue our “vigil behind bars”. A joy constrained by knowing that the other women here have pain, from being separated from their family and children or from constant physical or psychological difficulties or from being locked in a cell all day with nothing to do.

We are only able to “vigil behind bars” through the immense support of people making sure our Catholic Worker houses can continue, people sending us cards and stamps, organizing visits and money for phone calls, remembering us in their prayers, doing press work and those that continue fighting the death dealing war-makers in the world.

Susan Crane is serving a 229 day sentence, and Susan van der Hijden a 115 day sentence, for their nonviolent nuclear disarmament actions at Büchel air base. You can write cards and letters to them, individually addressed to each at JVA Rohrbach, Peter-Caesar-Allee 1, 55597 Wöllstein, Germany. Updates can be found here.

July 1, 2024 Posted by Christina Macpherson | Germany, Legal, opposition to nuclear | Leave a comment

Why WikiLeaks founder will plead guilty – and what happens next

Angus Thompson and Millie Muroi, June 25, 2024 , The Age

WikiLeaks founder Julian Assange, 52, has struck a plea deal with the United States that is set to end a years-long legal pursuit over the release of classified documents.

He is expected to plead guilty to conspiring to unlawfully obtain and disseminate classified national defence information in a court in the Northern Mariana Islands at 9am on Wednesday (AEST) but will avoid jail time in the US after spending several years fighting extradition from London’s maximum-security Belmarsh Prison.

Why was Julian Assange released?

Assange is en route to Saipan, the largest of the Northern Mariana Islands, which are a US commonwealth in the western Pacific. There he will face a US Federal Court judge on a single charge of breaching the Espionage Act with the mass release of secret documents leaked by former intelligence analyst Chelsea Manning.

He faced 18 espionage charges after being indicted in early 2019 by the US Justice Department, which began legal proceedings to seek his extradition from Britain in the same year.

The charges sparked a global outcry over press freedom and led a cross-party coalition of Australian politicians, including former Nationals leader Barnaby Joyce and teal independent Monique Ryan, to travel to the US in 2023 to pressure the Biden administration to drop its pursuit.

US President Joe Biden told a press conference earlier this year he was “considering” a deal over Assange, after Prime Minister Anthony Albanese raised it during his October 2023 US visit.

“I’ve made it clear that enough is enough – that it’s time it was brought to a conclusion,” Albanese said.

How long did Assange spend in prison?

Assange was first detained in 2010 and sent to London’s Wandsworth Prison after a Swedish court ordered his arrest on sex crime allegations. He was freed on bail with a £240,000 surety, but in February 2011, a London court ordered Assange’s extradition to Sweden.

The British Supreme Court rejected his final appeal against the extradition in June 2012. Five days later, he took refuge in Ecuador’s embassy in London, seeking political asylum……………………………………………………………….

What does the plea deal mean for Assange’s future?

Assange is expected to face a US judge at 9am local time in Saipan, who is expected to approve the plea deal, meaning he will avoid the maximum 175 years he faced in the US under the original charges.

His future is largely unknown beyond that, however, in a post on social media platform X on Tuesday morning celebrating Assange’s release, WikiLeaks said he was expected to return to Australia.

What has been the Australian government’s response?

Albanese has so far been tight-lipped about Assange’s release. But Coalition and Greens MPs welcomed the announcement. Opposition foreign affairs spokesman Simon Birmingham said he welcomed the fact Assange’s decision to plead guilty would bring an end to the “long-running saga”.

Nationals MP Joyce said the issue was about “extraterritoriality” and went beyond Assange as an individual. “It’s about an issue, about an Australian citizen, who did not commit a crime in Australia,” he said.

Greens senator David Shoebridge said whistleblowers such as Assange continued to pay an unfair price for revealing unethical and criminal actions of governments. https://www.theage.com.au/politics/federal/why-wikileaks-founder-has-been-set-free-and-what-happens-next-20240625-p5joia.html

June 26, 2024 Posted by Christina Macpherson | Legal, UK | 1 Comment

‘Julian Assange Is Free’: WikiLeaks Founder Strikes Plea Deal With US

“We thank all who stood by us, fought for us, and remained utterly committed in the fight for his freedom,” said WikiLeaks. “Julian’s freedom is our freedom.”

COMMON DREAMS STAFF, Jun 24, 2024, https://www.commondreams.org/news/julian-assange-plea-deal
WikiLeaks founder Julian Assange on Monday reached a deal with the U.S. government, agreeing to plead guilty to one felony related to the disclosure of national security information in exchange for his release from Belmarsh Prison in the United Kingdom.

A related document was filed in federal court in the Northern Mariana Islands, a U.S. commonwealth. Under the plea agreement, which must still be approved by a judge, the Department of Justice will seek a 62-month sentence, equal to the time that the 52-year-old Australian has served in the U.K. prison while battling his extradition to the United States.

Assange faced the risk of spending the rest of his life in U.S. prison if convicted of Espionage Act and Computer Fraud and Abuse Act charges for publishing classified material including the “Collateral Murder” video and the Afghan and Iraq war logs. Before Belmarsh, he spent seven years in the Ecuadorian Embassy in London with asylum protections.

“Julian Assange is free,” WikiLeaks declared on the social media platform X, confirming that he left Belmarsh Friday “after having spent 1,901 days there,” locked in a small cell for 23 hours a day.

He was granted bail by the High Court in London and was released at Stanstead Airport during the afternoon, where he boarded a plane and departed the U.K.,” WikiLeaks said. “This is the result of a global campaign that spanned grassroots organizers, press freedom campaigners, legislators, and leaders from across the political spectrum, all the way to the United Nations.”

“He will soon reunite with his wife Stella Assange, and their children, who have only known their father from behind bars,” the group continued. “WikiLeaks published groundbreaking stories of government corruption and human rights abuses, holding the powerful accountable for their actions. As editor-in-chief, Julian paid severely for these principles, and for the people’s right to know. As he returns to Australia.”

The news of Assange’s release was celebrated by people around the world, who also blasted the U.S. for continuing to pursue charges against him and the U.K. for going along with it.

“Takeaway from the 12 years of Assange persecution: We need a world where independent journalists work in freedom and top war criminals go to prison—not the other way around,” the progressive advocacy group and longtime Assange supporter RootsAction said on social media.

Leftist Colombian President Gustavo Petro said in a statement: “I congratulate Julian Assange on his freedom. Assange’s eternal imprisonment and torture was an attack on press freedom on a global scale. Denouncing the massacre of civilians in Iraq by the U.S. war machine was his “crime”; now the massacre is repeated in Gaza I invite Julian and his wife Stella to visit Colombia and let’s take action for true freedom.”

Australian Greens leader Adam Bandt, who represents Melbourne in Parliament, said on social media that “Julian Assange will finally be free. While great news, this has been over a decade of his life wasted by U.S. overreach.”

“Journalism is not a crime,” Bandt added. “Pursuing Assange was anti-democratic, anti-press freedom, and the charges should have been dropped.”

The women-led peace group CodePink said in a statement:

Without Julian Assange’s critical journalism, the world would know a lot less about war crimes committed by the United States and its allies. He is the reason so many anti-war organizations like ours have the proof we need to fight the war machine in the belly of the beast. CodePink celebrates Julian’s release and commends his brave journalism.

One of the most horrific videos published by WikiLeaks was called “Collateral Murder,” footage of the U.S. military opening fire on a group of unarmed civilians–including Reuters journalists–in Baghdad. While Julian has been in captivity for the past 14 years, the war criminals that destroyed Iraq walked free. Many are still in government positions today or living off the profits of weapons contracts.

While Julian pleads guilty to espionage—we uphold him as a giant of journalistic integrity.

Vahid Razavi, founder of Ethics in Tech and host of multiple NSA Comedy Nights focusing on government mass surveillance, told Common Dreams that “they took a hero and turned him into a criminal.”

“Meanwhile, all of the war criminals in the files exposed by WikiLeaks via Chelsea Manning are free and never faced any punishment or even their day in court,” he added. “You can kill journalists with impunity, just like Israel is doing right now in Gaza.”

British journalist Afshin Rattansi said, “Let no one think that any of us will ever forget what the British state did to the most famous journalist of his generation.”

“They tortured him—according to the United Nations special rapporteur on torture—at the behest of the United States,” Rattansi noted.

Andrew Kennis, a professor of journalism and social media at Rutgers University, told Common Dreams that “Julian Assange is nothing less than the Daniel Ellsberg of our time.”

June 25, 2024 Posted by Christina Macpherson | Legal, UK | Leave a comment

Sellafield operators plead guilty to criminal charges over security breaches

The state-owned operator of the UK’s largest nuclear waste site has pleaded
guilty to criminal charges brought by the industry regulator over IT
security breaches. Lawyers acting for Sellafield told a London court on
Thursday that they accepted cyber security was “not sufficiently adhered
to for a period”, although they insisted there had not been a successful
cyber-attack and that its systems were now secure.

One of the charges to which Sellafield pleaded guilty was that it failed in March last year to
“ensure that there was adequate protection of sensitive nuclear
information on its information technology network”. The other two charges
related to failures to arrange “annual health checks” for its systems.
Sellafield pleaded guilty to all three charges in the prosecution brought
by the Office for Nuclear Regulation under the Nuclear Industries Security
Regulations 2003. Sentencing will take place on August 8……………………………………

FT 20th June 2024

https://www.ft.com/content/a91cb392-0a32-48b4-bc7a-5b2a1debbc96

June 22, 2024 Posted by Christina Macpherson | Legal | Leave a comment

EDF Warns of ‘Huge’ Contract Losses If Convicted in Paris Criminal Trial

EDF lawyer says probity conviction may affect Czech, UK deals
Ex-EDF CEO also tried alongside consultants including Messier

At the heart of the trial is EDF’s former boss, Henri Proglio, who is suspected of
having set up the system to hire the consultants.

Electricite de France SA legal team warned at a Paris trial that the utility could end up losing
“huge contracts” abroad if convicted in a case over accusations it
favoured several consultants by awarding them advisory deals without
putting them up for tender.

The favouritism court case that began on
Tuesday centres on awards worth more than €20 million ($21.7 million)
given to 44 consultants, including the firm set up by former Vivendi SE
boss Jean-Marie Messier.

Bloomberg 21st May 2024

https://www.bloomberg.com/news/articles/2024-05-21/edf-warns-of-huge-contract-losses-if-convicted-in-paris-criminal-trial

June 19, 2024 Posted by Christina Macpherson | France, Legal | Leave a comment

93 Nations Back ICC as Israel Faces Charges for War Crimes in Gaza

A joint statement calls on “all States to ensure full co-operation with the Court for it to carry out its important mandate of ensuring equal justice for all victims of genocide, war crimes, [and] crimes against humanity.”

Common Dreams, JON QUEALLY, Jun 15, 2024

Ninety-three nations on Friday, all them state parties to the Rome Statute that created the International Criminal Court, reiterated their support for the ICC as it assesses an application for arrest warrants of high level Israeli government officials accused of perpetrating war crimes in Gaza.

The 93 countries—including Canada, Bangladesh, Belgium, Ireland, Afghanistan, Costa Rica, Chile, Germany, France, Mongolia, Mexico, New Zealand, and scores of other—cited separate ICC statements defending its mandate for independence and upheld in their joint statement “that the Court, its officials and staff shall carry out their professional duties as international civil servants without intimidation.”

Though neither nation is named in the joint statement, both the United States and Israel have publicly condemned ICC chief prosecutor Karim Khan for his May 20 arrest warrant applications for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant over alleged “war crimes” and “crimes against humanity” in the Gaza Strip.

Khan also submitted arrest warrants for Hamas leaders Yahya Sinwar, Mohammed Diab Ibrahim Al-Masri, and Ismail Haniyeh for their alleged roles in the October 7 attack on southern Israel. Following Khan’s announcement in May, U.S. President Joe Biden said, “Whatever this prosecutor might imply, there is no equivalence—none—between Israel and Hamas. We will always stand with Israel against threats to its security.”

In April it was reported that the U.S. government was working behind the scenes to block the ICC from issuing any arrest warrants targeting Israel officials. Neither Israel nor the U.S. is party to the Rome Statute, though the United Nations has recognized the ICC’s jurisdiction over the Occupied Palestinian Territories (OPT), where the alleged war crimes by the occupying power, Israel, took place…………………………………………………………………………………………………………………………………..

With their show of unified support for the ICC and its mandate, the countries said they aim to “contribute to ending impunity for such crimes and preventing their recurrence while defending the progress we have made together to guarantee lasting respect for international humanitarian law, human rights, the of law and the enforcement of international criminal justice.” https://www.commondreams.org/news/icc-war-cimes-gaza

June 18, 2024 Posted by Christina Macpherson | Israel, Legal | Leave a comment

Judges Named for Assange Appeal

By Joe Lauria / Consortium News June 14, 2024, https://consortiumnews.com/2024/06/14/judges-named-for-assange-appeal/

Consortium News will be back inside the courtroom in London July 9-10 to cover Julian Assange’s appeal against extradition

The judges in Julian Assange’s two-day appeal hearing on July 9-10 are the same who granted Assange a rare victory last month: his right to appeal the Home Office’s extradition order to the United States.

Justices Jeremy Johnson and Victoria Sharp granted Assange the right to appeal on only two of nine requested grounds, but they are significant:

1). his extradition was incompatible with his free speech rights enshrined in the European Convention on Human Rights; and 2.) that he might be prejudiced because of his nationality (not being given 1st Amendment protection as a non-American).

However the denial of his rights in an American courtroom would go beyond the First Amendment to all of his U.S. constitutional rights, according to the 2020 U.S. Supreme Court ruling in USAID v. Alliance for Open Society International Inc., which says that a non-U.S. citizen acting outside the U.S. has no constitutional protections at all.

The United States was unable to provide assurances that the European equivalent of his constitutional rights would be protected, required under British extradition law. That raises hopes for Assange in his appeal.

Assange has been imprisoned in London’s notorious Belmarsh Prison for more than five years on remand pending the outcome of his extradition. He has been charged in the United States for publishing classified documents that revealed prima facie evidence of U.S. state crimes.

CN has received an award and many accolades for our coverage of the Julian Assange case. We will be inside the courtroom and outside the Royal Courts of Justice in London for both days of the hearing, bringing you the latest news, analysis and commentary.

June 17, 2024 Posted by Christina Macpherson | Legal, UK | Leave a comment

‘Immense’ scale of Gaza killings amount to crime against humanity, UN inquiry says

Emma Farge, Wed 12 June 2024 https://uk.news.yahoo.com/news/immense-scale-gaza-killings-amount-070247585.html?guccounter=1&guce_referrer=aHR0cHM6Ly93d3cuc290dC5uZXQv&guce_referrer_sig=AQAAAE8HPcr-FwxjYBWBJjOvPs18KXTim4RNcN-godsX5YX41fMC7lw_jrtVU1-MxuWmywfp-JHc32RWkZntx35DRzp2lMCfrDUJBO9ZfyUj4cQQq1esBhASwVICNpPKfwUP3lrA83XfKI-Wh39AA2ZFjDPO2WQdeLFwaXz4qUyEPAva

GENEVA (Reuters) – Both Israel and Hamas committed war crimes in the early stages of the Gaza war, a U.N. inquiry found on Wednesday, saying that Israel’s actions also constituted crimes against humanity because of the immense civilian losses.

The findings were from two parallel reports, one focusing on the Oct. 7 Hamas attacks and another on Israel’s military response, published by the U.N. Commission of Inquiry (COI), which has an unusually broad mandate to collect evidence and identify perpetrators of international crimes committed in Israel and the occupied Palestinian territories.

Israel does not cooperate with the commission, which it says has an anti-Israel bias. The COI says Israel obstructs its work and prevented investigators from accessing both Israel and the occupied Palestinian territories.

Israel’s diplomatic mission to the U.N. in Geneva rejected the findings. “The COI has once again proven that its actions are all in the service of a narrow-led political agenda against Israel,” said Meirav Eilon Shahar, Israel’s Ambassador to the U.N. in Geneva.

Hamas did not immediately respond to a request for comment.

By Israel’s count more than 1,200 people were killed and 250 taken hostage in the Oct. 7 cross-border attacks that sparked a military retaliation in Gaza that has since killed over 37,000 people, by Palestinian tallies.

The reports, which cover the conflict through to end-December, found that both sides committed war crimes including torture; murder or willful killing; outrages upon personal dignity; and inhuman or cruel treatment.

Israel also committed additional war crimes including starvation as a method of warfare, it said, saying Israel not only failed to provide essential supplies like food, water, shelter and medicine to Gazans but “acted to prevent the supply of those necessities by anyone else”.

Some of the war crimes such as murder also constituted crimes against humanity by Israel, the COI statement said, using a term reserved for the most serious international crimes knowingly committed as part of a widespread or systematic attack against civilians.

“The immense numbers of civilian casualties in Gaza and widespread destruction of civilian objects and infrastructure were the inevitable result of a strategy undertaken with intent to cause maximum damage, disregarding the principles of distinction, proportionality and adequate precautions,” the COI statement said.

Sometimes, the evidence gathered by such U.N.-mandated bodies has formed the basis for war crimes prosecutions and could be drawn on by the International Criminal Court.

MASS KILLINGS, SEXUAL VIOLENCE AND HUMILIATION

The COI’s findings are based on interviews with victims and witnesses, hundreds of submissions, satellite imagery, medical reports and verified open-source information.

Among the findings in the 59-page report on the Oct. 7 attacks, the commission verified four incidents of mass killings in public shelters which it said suggests militants had “standing operational instructions”. It also identified “a pattern of sexual violence” by Palestinian armed groups but could not independently verify reports of rape.

The longer 126-page Gaza report said Israel’s use of weapons such as MK84 guided bombs with a large destructive capacity in urban areas were incompatible with international humanitarian law “as they cannot adequately or accurately discriminate between the intended military targets and civilian objects”.

It also said Palestinian men and boys were subject to the crime against humanity of gender persecution, citing cases where victims were forced to strip naked in public in moves “intended to inflict severe humiliation”.

The findings will be discussed by the U.N. Human Rights Council in Geneva next week.

The COI composed of three independent experts including its chair South African former U.N. human rights chief Navi Pillay was set up in 2021 by the Geneva council. Unusually, it has an open-ended mandate — a fact criticised by both Israel and some of its allies.

June 16, 2024 Posted by Christina Macpherson | Atrocities, Gaza, Israel, Legal | Leave a comment

Gaza has become a humanitarian catastrophe and Israel will have to answer tough questions

By global affairs editor John Lyons, https://www.abc.net.au/news/2024-06-10/israel-tough-questions-war-in-gaza/103956848?utm_campaign=abc_news_web&utm_content=twitter&utm_medium=content_shared&utm_source=abc_news_web

“Frozen“ children — it’s an unusual description of an appalling reality.

They’re the words Sydney clinical psychologist Scarlett Wong used after a recent trip to Gaza with Doctors Without Borders.

“When you see a starving child, they are apathetic, they have no response,” she told SBS News. “This is the kind of thing we were seeing from a medical view … children have become frozen, with no emotion, and apathetic.”

The situation, Dr Wong said, was “the worst humanitarian disaster I have ever seen”.

Gaza has become one of the worst humanitarian catastrophes of our time. The UN’s World Food Programme has said parts of Gaza are now gripped by “a full-blown famine”.

One of the few countries denying this is Israel. Not only is there not a famine, said Ron Dermer, a member of Israel’s war cabinet, but there is an abundance of food.

He told a startled Yalda Hakim on Sky UK recently that there were in fact “bustling markets” with fruit and vegetables.

Dermer’s claim defies all available evidence. Given the Israeli army has drones flying constantly across the tiny enclave, Dermer could have provided photographs of the “bustling markets”. Where are the photos?

According to Foreign Policy magazine, 30 of Gaza’s 36 hospitals have been bombed — many repeatedly — even while medical staff, patients and civilians seeking shelter remained inside. Satellite imagery shows vast sections of Gaza in rubble.

The Wall Street Journal reported that from October 7 to December 15, Israel dropped 29,000 bombs, munitions and shells on Gaza. This means that, on average, Israel hit every square kilometre of Gaza with 79 bombs, munitions or shells.

After just nine weeks of the war, the newspaper said the destruction of homes, schools and other buildings resembled “some of the most devastating campaigns in modern history”.

When the war does finish, the rebuilding of Gaza could take a generation. The Washington Post reported that the head of the UN’s Mine Action Program, Mungo Birch, said the number of unexploded missiles and bombs lying under the rubble was “unprecedented” since World War II and that Gaza was now the site of about 37 million tons of rubble — more than what had been generated across all of Ukraine during Russia’s war — and 800,000 tons of asbestos and other contaminants.

Has the response been proportional?

Over the weekend, Israel rescued four hostages captured on October 7 from a heavily populated refugee camp. Gazan authorities said at least 210 Palestinians were killed and 400 wounded during the rescue, which involved heavy bombardment.

Hamas has had its day of reckoning; the videos from October 7 would be, for any reasonable observer, proof of atrocities and war crimes. The videos and photos not released to the public are even more appalling. Hamas has kept hostages for more than eight months.

But Israel’s day of reckoning for its eight-month-long response is still to come. The question is, has its response been proportional?

Every country that engages in war has a day, or years, of reckoning. America had such a day after the Vietnam and Iraq wars. Australia has had — and continues to have — days of reckoning after its involvement in Afghanistan, with continuing investigations into possible war crimes.

Israel will argue that for self-defence it needed to ensure that Hamas was never again in a position to commit an attack. They will argue that throughout the war, Hamas has used civilians as human shields and that, therefore, a large number of civilians were killed.

But there will be very specific allegations that Israel will be under pressure to answer. Human Rights Watch (HRW) reported this week that the Israeli military has been using white phosphorous in Gaza and south Lebanon. HRW noted that white phosphorous causes severe burns, often down to the bone, and burns to only 10 per cent of the body are often fatal. It said it can cause respiratory damage and organ failure.

“Using airburst white phosphorous is unlawfully indiscriminate in populated areas and otherwise does not meet this legal requirement to take all feasible precautions to avoid civilian harm,” the group said.

The HRW report also referenced the Israel-Lebanon border. It said Israel had engaged in “widespread” use of white phosphorous since October, including at least five municipalities where white phosphorous munitions were unlawfully airburst over populated residential areas. It said Lebanon should turn to the International Criminal Court and enable the prosecution of grave international crimes.

The ABC put these allegations to the Israel Defense Forces (IDF), who said that like many western militaries, the IDF possesses “smoke-screen shells that include white phosphorous that are legal under international law”.

“These shells are used by the IDF for creating smoke screens and not for targeting or causing fires and are not defined under law as incendiary weapons.”

Tough questions are being asked

As the war drags on, some media outlets are increasingly asking difficult questions of Israel.

CNN has conducted a major investigation of one of Israel’s “black site” prison facilities, where they claimed systemic torture of hundreds of Palestinians taken from Gaza is occurring.

The US media outlet spoke to three Israeli whistleblowers from the facility who revealed atrocities ranging from doctors amputating prisoners’ limbs due to injuries sustained from constant handcuffing and medical procedures sometimes performed by underqualified medics, which earned the facility a reputation for being “a paradise for interns” and a place “where the air is filled with the smell of neglected wounds left to rot”.

One medic from the facility said beatings of Palestinians were not done to gather intelligence but out of revenge for the October 7 attack.

He said he was ordered to perform medical procedures on Palestinians for which he was not qualified: “I was asked to learn how to do things on the patients, performing minor medical procedures that are totally outside my expertise.”

June 11, 2024 Posted by Christina Macpherson | Atrocities, Gaza, Israel, Legal, Reference, USA | Leave a comment

‘We Want Peace’: Spain Applies to Join ICJ Genocide Case Against Israel

“We do it out of commitment to the United Nations and to international law,” said the Spanish foreign minister, calling for an end to civilian deaths.

Common Dreams, EDWARD CARVER, Jun 06, 2024

Spain’s foreign minister announced Thursday that the country had applied to join the genocide case against Israel at the International Court of Justice, just over a week after formally recognizing a Palestinian state alongside other European countries.

South Africa brought the case and has led it through its early stages, which culminated on May 24 with the ICJ, the United Nations’ highest court, ordering Israel to halt its military offensive on Rafah in the southern Gaza Strip—an order that Israel ignored. Mexico, Colombia, Nicaragua, Libya, and the Palestinians have already applied to join the case, while Chile and Ireland have also announced plans to intervene in support of the case.

We do it out of commitment to the United Nations and to international law,” José Manuel Albares, Spain’s foreign minister, said Thursday in a social media post that included a video of his announcement speech. “To support the work of the court. To avoid more civilian deaths. For the peace.”

“We take the decision because of the ongoing military operation in Gaza,” Albares said, according toThe Associated Press. “We want peace to return to Gaza and the Middle East, and for that to happen we must all support the court.”…………………………………………

Spain is one of several European countries that have recognized a Palestinian state in recent weeks; indeed, Madrid has been central to organizing the European effort. Israel responded by threatening “severe consequences” to nations that recognize Palestine, and it held out a special level of ire for Spanish leaders……………

“We do it out of commitment to the United Nations and to international law,” José Manuel Albares, Spain’s foreign minister, said Thursday in a social media post that included a video of his announcement speech. “To support the work of the court. To avoid more civilian deaths. For the peace.”

https://platform.twitter.com/embed/Tweet.html?dnt=false&embedId=twitter-widget-0&features=eyJ0ZndfdGltZWxpbmVfbGlzdCI6eyJidWNrZXQiOltdLCJ2ZXJzaW9uIjpudWxsfSwidGZ3X2ZvbGxvd2VyX2NvdW50X3N1bnNldCI6eyJidWNrZXQiOnRydWUsInZlcnNpb24iOm51bGx9LCJ0ZndfdHdlZXRfZWRpdF9iYWNrZW5kIjp7ImJ1Y2tldCI6Im9uIiwidmVyc2lvbiI6bnVsbH0sInRmd19yZWZzcmNfc2Vzc2lvbiI6eyJidWNrZXQiOiJvbiIsInZlcnNpb24iOm51bGx9LCJ0ZndfZm9zbnJfc29mdF9pbnRlcnZlbnRpb25zX2VuYWJsZWQiOnsiYnVja2V0Ijoib24iLCJ2ZXJzaW9uIjpudWxsfSwidGZ3X21peGVkX21lZGlhXzE1ODk3Ijp7ImJ1Y2tldCI6InRyZWF0bWVudCIsInZlcnNpb24iOm51bGx9LCJ0ZndfZXhwZXJpbWVudHNfY29va2llX2V4cGlyYXRpb24iOnsiYnVja2V0IjoxMjA5NjAwLCJ2ZXJzaW9uIjpudWxsfSwidGZ3X3Nob3dfYmlyZHdhdGNoX3Bpdm90c19lbmFibGVkIjp7ImJ1Y2tldCI6Im9uIiwidmVyc2lvbiI6bnVsbH0sInRmd19kdXBsaWNhdGVfc2NyaWJlc190b19zZXR0aW5ncyI6eyJidWNrZXQiOiJvbiIsInZlcnNpb24iOm51bGx9LCJ0ZndfdXNlX3Byb2ZpbGVfaW1hZ2Vfc2hhcGVfZW5hYmxlZCI6eyJidWNrZXQiOiJvbiIsInZlcnNpb24iOm51bGx9LCJ0ZndfdmlkZW9faGxzX2R5bmFtaWNfbWFuaWZlc3RzXzE1MDgyIjp7ImJ1Y2tldCI6InRydWVfYml0cmF0ZSIsInZlcnNpb24iOm51bGx9LCJ0ZndfbGVnYWN5X3RpbWVsaW5lX3N1bnNldCI6eyJidWNrZXQiOnRydWUsInZlcnNpb24iOm51bGx9LCJ0ZndfdHdlZXRfZWRpdF9mcm9udGVuZCI6eyJidWNrZXQiOiJvbiIsInZlcnNpb24iOm51bGx9fQ%3D%3D&frame=false&hideCard=false&hideThread=false&id=1798655457088709006&lang=en&origin=https%3A%2F%2Fwww.commondreams.org%2Fnews%2Fspain-genocide-case&sessionId=a79f54883b85f22ba9639133ba8c494a478ab8a6&siteScreenName=commondreams&siteUserId=14296273&theme=light&widgetsVersion=2615f7e52b7e0%3A1702314776716&width=550px

Albares is a member of the Spanish Socialist Workers’ Party (PSOE), a center-left party that leads a coalition government. Sumar, a new left-wing party that is the junior partner in the coalition, has been strongly pro-Palestine; the party’s ministers have called Israel’s war in Gaza a genocide. Podemos, a left-wing party that was part of previous coalitions but now holds only five seats in parliament and has been largely replaced by Sumar, has taken a similarly strong position; its leader had previously called for Spain to back the ICJ genocide case.

The ICJ is one of several international institutions that pro-Palestine governments are using to try to isolate Israel and hold it to account for its ongoing assault on Gaza, which has killed more than 36,000 people, mostly women and children, in the last eight months. Israel’s military killed dozens early Thursday by bombing a school where refugees were sheltering. Most of the dead were women and children, the APreported.

“Hamas thanks you for your service,” Israeli Foreign Minister Israel Katz wrote in a message to Spain’s Prime Minister Pedro Sánchez on social media, along with a video that, in Al Jazeera‘s description, “flipped between images of flamenco dancers and apparent scenes of the Palestinian group’s incursion into southern Israel on October 7.”

The move for recognition has widespread support among the Spanish public—78%, based on a Madrid think tank’s survey, according to Al Jazeera………………….. https://www.commondreams.org/news/spain-genocide-case

June 8, 2024 Posted by Christina Macpherson | Israel, Legal, Spain | Leave a comment

To continue the Gaza genocide, Israel and the US must destroy the laws of war

Israel presumably dared to defy the court only because it was sure it had the Biden administration’s backing.

Israel has sought to close down Palestinian legal and human rights groups by designating them as “terrorist organisations”.

Middle East Eye Jonathan Cook, 31 May 2024

The world’s two highest courts have made an implacable enemy of Israel in trying to uphold international law and end Israeli atrocities.

Separate announcements last week by the International Court of Justice (ICJ) and the International Criminal Court (ICC) should have forced Israel on to the back foot in Gaza.

A panel of judges at the ICJ – sometimes known as the World Court – demanded last Friday that Israel immediately stop its current offensive on Rafah, in southern Gaza.

Instead, Israel responded by intensifying its atrocities.

On Sunday, it bombed a supposedly “safe zone” crowded with refugee families forced to flee from the rest of Gaza, which has been devastated by Israel’s rampage for the past eight months.

The air strike set fire to an area crammed with tents, killing dozens of Palestinians, many of whom burnt alive. A video shows a man holding aloft a baby beheaded by the Israeli blast.

Hundreds more, many of them women and children, suffered serious injuries, including horrifying burns.

Israel has destroyed almost all of the medical facilities that could treat Rafah’s wounded, as well as denying entry to basic medical supplies such as painkillers that could ease their torment.

This was precisely the outcome US President Joe Biden warned of months ago when he suggested that an Israeli attack on Rafah would constitute a “red line”.

But the US red line evaporated the moment Israel crossed it. The best Biden’s officials could manage was a mealy-mouthed statement calling the images from Rafah “heart-breaking”.

Such images were soon to be repeated, however. Israel attacked the same area again on Tuesday, killing at least 21 Palestinians, mostly women and children, as its tanks entered the centre of Rafah.

‘A mechanism with teeth’

The World Court’s demand that Israel halt its attack on Rafah came in the wake of its decision in January to put Israel effectively on trial for genocide, a judicial process that could take years to complete.

In the meantime, the ICJ insisted, Israel had to refrain from any actions that risked a genocide of Palestinians. In last week’s ruling, the court strongly implied that the current attack on Rafah might advance just such an agenda.

Israel presumably dared to defy the court only because it was sure it had the Biden administration’s backing.

UN officials, admitting that they had run out of negatives to describe the ever-worsening catastrophe in Gaza, called it “hell on earth”.

Days before the ICJ’s ruling, the wheels of its sister court, the ICC, finally began to turn.

Karim Khan, its chief prosecutor, announced last week that he would be seeking arrest warrants for Israel’s prime minister, Benjamin Netanyahu, and his defence minister, Yoav Gallant, along with three Hamas leaders.

Both Israeli leaders are accused of war crimes and crimes against humanity, including attempts to exterminate the population of Gaza through planned starvation.

Israel has been blocking aid deliveries for many months, creating famine, a situation only exacerbated by its recent seizure of a crossing between Egypt and Rafah through which aid was being delivered.

The ICC is a potentially more dangerous judicial mechanism for Israel than the ICJ.

The World Court is likely to take years to reach a judgement on whether Israel has definitively committed a genocide in Gaza – possibly too late to save much of its population.

The ICC, on the other hand, could potentially issue arrest warrants within days or weeks.

And while the World Court has no real enforcement mechanisms, given that the US is certain to veto any UN Security Council resolution seeking to hold Israel to account, an ICC ruling would place an obligation on more than 120 states that have ratified its founding document, the Rome Statute, to arrest Netanyahu and Gallant should either step on their soil.

That would make Europe and much of the world – though not the US – off-limits to both.

And there is no reason for Israeli officials to assume that the ICC’s investigations will finish with Netanyahu and Gallant. Over time, it could issue warrants for many more Israeli officials.

As one Israeli official has noted, “the ICC is a mechanism with teeth”.

‘Antisemitic’ court

For that reason, Israel responded by going on the warpath, accusing the court of being “antisemitic” and threatening to harm its officials.

Washington appeared ready to add its muscle too.

Asked at a Senate committee hearing whether he would support a Republican proposal to impose sanctions on the ICC, Antony Blinken, Biden’s secretary of state, replied: “We want to work with you on a bipartisan basis to find an appropriate response.”

Administration officials, speaking to the Financial Times, suggested the measures under consideration “would target prosecutor Karim Khan and others involved in the investigation”.

US reprisals, according to the paper, would most likely be modelled on the sanctions imposed in 2020 by Donald Trump, Joe Biden’s predecessor, after the ICC threatened to investigate both Israel and the US over war crimes, in the occupied Palestinian territories and Afghanistan respectively.

Then, the Trump administration accused the ICC of “financial corruption and malfeasance at the highest levels” – allegations it never substantiated.

Fatou Bensouda, the chief prosecutor at the time, was denied entry to the US, and Trump officials threatened to confiscate her and the ICC judges’ assets and put them on trial. The administration also vowed to use force to liberate any Americans or Israelis who were arrested.

Mike Pompeo, the then US secretary of state, averred that Washington was “determined to prevent having Americans and our friends and allies in Israel and elsewhere hauled in by this corrupt ICC”.

Covert war on ICC

In fact, a joint investigation by the Israeli website 972 and the British Guardian newspaper revealed this week that Israel – apparently with US support – has been running a covert war against the ICC for the best part of a decade.

Its offensive began after Palestine became a contracting party to the ICC in 2015, and intensified after Bensouda, Khan’s predecessor, started a preliminary investigation into Israeli war crimes – both Israel’s repeated attacks on Gaza and its building of illegal Jewish settlements in the West Bank and East Jerusalem to ethnically cleanse Palestinians from their lands.

Bensouda found herself and her family threatened, and her husband blackmailed. The head of Israel’s Mossad spy agency, Yossi Cohen, became personally involved in the campaign of intimidation. An official briefed on Cohen’s behaviour likened it to “stalking”. The Mossad chief ambushed Bensouda on at least one occasion in an attempt to recruit her to Israel’s side.

Cohen, who is known to be close to Netanyahu, reportedly told her: “You should help us and let us take care of you. You don’t want to be getting into things that could compromise your security or that of your family.”

Israel has also been running a sophisticated spying operation on the court, hacking its database to read emails and documents. It has tried to recruit ICC staff to spy on the court from within. There are suspicions at the ICC that Israel has been successful.

Because Israel oversees access to the occupied territories, it has been able to ban ICC officials from investigating its war crimes directly. That has meant, given its control of the telecommunications systems in the territories, that it has been able to monitor all conversations between the ICC and Palestinians reporting atrocities.

As a result, Israel has sought to close down Palestinian legal and human rights groups by designating them as “terrorist organisations”.

The surveillance of the ICC has continued during Khan’s tenure – and it is the reason Israel knew the arrest warrants were coming. According to sources that spoke to the Guardian and 972 website, the court came under “tremendous pressure from the United States” not to proceed with the warrants.

Khan has pointed out that interference in the court’s activities is a criminal offence. More publicly, a group of senior US Republican senators sent a threatening letter to Khan: “Target Israel and we will target you.”

Khan himself has noted that he has faced a campaign of intimidation and has warned that, if the interference continues, “my office will not hesitate to act”.

The question is how much of this is bravado, and how much is it affecting Khan and the ICC’s judges, making them wary of pursuing their investigation, expediting it or expanding it to more Israeli war crimes suspects.

Legal noose

Despite the intimidation, the legal noose is quickly tightening around Israel’s neck. It has become impossible for the world’s highest judicial authorities to ignore Israel’s eight-month slaughter in Gaza and near-complete destruction of its infrastructure, from schools and hospitals to aid compounds and bakeries.

Many tens of thousands of Palestinian children have been killed, maimed and orphaned in the rampage, and hundreds of thousands more are being gradually starved to death by Israel’s aid blockade.

The role of the World Court and the War Crimes Court are precisely to halt atrocities and genocides before it is too late.

There is an obligation on the world’s most powerful states – especially the world’s superpower-in-chief, the United States, which so often claims the status of “global policeman” – to help enforce such rulings.

Should Israel continue to ignore the ICJ’s demand that it end its attack on Rafah, as seems certain, the UN Security Council would be expected to pass a resolution to enforce the decision.

That could range from, at a minimum, an arms embargo and economic sanctions on Israel to imposing no-fly zones over Gaza or even sending in a UN peacekeeping force.

Washington has shown it can act when it wishes to. Even though the US is one of a minority of states not a party to the Rome Statute, it has vigorously supported the arrest warrant issued by the ICC against Russian leader Vladimir Putin in 2023…………………………………………………

Divisions in Europe

It is not just that the US is missing in action as Israel advances its genocidal goals in Gaza. Washington is actively aiding and abetting the genocide, by supplying Israel with bombs, by cutting funding to UN aid agencies that are the main lifeline for Gaza’s population, by sharing intelligence with Israel and by refusing to use its plentiful leverage over Israel to stop the slaughter.

And the widespread assumption is that the US will veto any Security Council resolution against Israel.

According to two former ICC officials who spoke to the Guardian and 972 website, senior Israeli officials have expressly stated that Israel and the US are working together to stymie the court’s work.

Washington’s contempt for the world’s highest judicial authorities is so flagrant that it is even starting to fray relations with Europe.

The EU’s foreign policy chief, Josep Borrell, has thrown his weight behind the ICC and called for any ruling against Netanyahu and Gallant to be respected.

Meanwhile, on Monday, French President Emmanuel Macron expressed his outrage over Israel’s attacks on Rafah and called for them to stop immediately.

Three European states – Spain, Ireland and Norway – announced last week that they were joining more than 140 other countries, including eight from the 27-member European Union, in recognising Palestine as a state.

The coordination between Spain, Ireland and Norway was presumably designed to attenuate the inevitable backlash provoked by defying Washington’s wishes.

Among the falsehoods promoted by the US and Israel is the claim that the ICC has no jurisdiction over Israel’s military actions in Gaza because neither of them have recognised Palestine as a state.

But Palestine became a state party to the ICC way back in 2015. And, as Spain, Ireland and Norway have highlighted, it is now recognised even by western states usually submissive to the US-imposed “rules-based order”.

Another deception promoted by Israel and the US – a more revealing one – is the claim that the ICC lacks jurisdiction because Israel, like the US, has not ratified the Rome Statute. ……………………..

Might makes right

Both the ICJ and the ICC are fully aware of the dangers of taking on Israel – which is why, despite the dissembling complaints from the US and Israel, each court is treading so slowly and cautiously in dealing with Israeli atrocities.

…………………………………………………………………………………………………………… Taking on Goliath

In making the case against Israel, Khan clearly knew he was taking on a Goliath, given Israel’s stalwart backing from the US. He had even recruited a panel of legal experts to give its blessing, in the hope that might offer some protection from reprisal.

The panel, which unanimously endorsed the indictments against Israel and Hamas, included legal experts like Amal Clooney, the nearest the human rights community has to a legal superstar. But it also included Theodor Meron, a former legal authority in the Israeli government’s foreign ministry.

In an exclusive interview with CNN’s Christiane Amanpour, explaining his reasoning, Khan seemed keen to preempt the coming attacks. He noted that an unnamed senior US politician had already tried to deter him from indicting Israeli leaders. The prosecutor suggested that other threats were being made behind the scenes. ………………………………………………….

The ICC prosecutor made clear that he understands all too well what is at stake if the ICC and ICJ turn a blind eye to the Gaza genocide, as Israel and the US want. He told Amanpour: “If we don’t apply the law equally, we’re going to disintegrate as a species.”

The uncomfortable truth is that such disintegration, in a nuclear age, may be further advanced than any of us cares to acknowledge.

The US and its favourite client state give no sign of being willing to submit to international law. Like Samson, they would prefer to bring the house down than respect the long-established rules of war.

The initial victims are the people of Gaza. But in a world without laws, where might alone makes right, all of us will ultimately be the losers. https://www.middleeasteye.net/opinion/gaza-genocide-continue-israel-us-must-destroy-laws-war?utm_source=substack&utm_medium=email

June 3, 2024 Posted by Christina Macpherson | Israel, Legal, USA, weapons and war | Leave a comment

Tribunal judge accused of covering up complaints – about bullying at Sellafield nuclear plant and other sites.

Seven women who claim they were bullied and intimidated by an employment
tribunal judge have accused the senior judiciary of trying to cover up
their complaints.

The allegation coincides with the Ministry of Justice and
Judicial Conduct Investigations Office (JCIO) being referred to the
Information Commissioner after failing to disclose the number of complaints
made about tribunal judges in response to a freedom of information request.

Both the ministry and the JCIO said that neither holds the information. But
a consultation on judicial discipline, published by both bodies two years
ago, revealed that the figure is estimated to be between 700 and 800
annually.

Of those complaints — which equate to an average of three every
working day — only a fraction result in action. The women who have spoken
to The Times have accused Judge Philip Lancaster of bullying and sexist
behaviour at separate hearings before him at the employment tribunal in
Leeds — with one claiming that he shouted at her 16 times.

Alison McDermott, formerly a human resources consultant at the nuclear fuel
reprocessing plant at Sellafield, first drew attention to Lancaster’s
alleged behaviour after he rejected her claim for whistleblowing detriment
in 2021. McDermott lost the case, but was allowed to appeal on 13 grounds.
Although she lost most of her appeal, the judge said that there were errors
and problems in the way her case was handled. That judge also criticised as
“unsafe” the award of costs against her and said that the tone of
Lancaster’s remarks on the issue were “troubling”.

Times 30th May 2024

https://www.thetimes.co.uk/article/complaints-covered-up-against-tribunal-judges-zkhmlz8bc

June 2, 2024 Posted by Christina Macpherson | Legal, UK | Leave a comment

The Slow-Motion Execution of Julian Assange Continues .

Free speech is a key issue. If Julian is granted First Amendment rights in a U.S. court it will be very difficult for the U.S. to build a criminal case against him, since other news organizations, including The New York Times and The Guardian, published the material he released.

The ruling by the High Court in London permitting Julian Assange to appeal his extradition order leaves him languishing in precarious health in a high-security prison. That is the point.

CHRIS HEDGES, MAY 24, 2024, https://chrishedges.substack.com/p/the-slow-motion-execution-of-julian-986?utm_source=post-email-title&publication_id=778851&post_id=144930141&utm_campaign=email-post-title&isFreemail=true&r=ln98x&triedRedirect=true&utm_medium=email

The decision by the High Court in London to grant Julian Assange the right to appeal the order to extradite him to the United States may prove to be a Pyrrhic victory. It does not mean Julian will elude extradition. It does not mean the court has ruled, as it should, that he is a journalist whose only “crime” was providing evidence of war crimes and lies by the U.S. government to the public. It does not mean he will be released from the high-security HMS Belmarsh prison where, as Nils Melzer, the UN Special Rapporteur on Torture, after visiting Julian there, said he was undergoing a “slow-motion execution.”

It does not mean that journalism is any less imperiled. Editors and publishers of five international media outlets —– The New York Times, the Guardian, Le Monde, El Pais and DER SPIEGEL —– which published stories based on documents released by WikiLeaks, have urged that the U.S. charges be dropped and Julian be released. None of these media executives were charged with espionage. It does not dismiss the ludicrous ploy by the U.S. government to extradite an Australian citizen whose publication is not based in the U.S. and charge him under the Espionage Act. It continues the long Dickensian farce that mocks the most basic concepts of due process.

This ruling is based on the grounds that the U.S. government did not offer sufficient assurances that Julian would be granted the same First Amendment protections afforded to a U.S. citizen, should he stand trial. The appeal process is one more legal hurdle in the persecution of a journalist who should not only be free, but feted and honored as the most courageous of our generation.

Yes. He can file an appeal. But this means another year, perhaps longer, in harsh prison conditions as his physical and psychological health deteriorates. He has spent over five years in HMS Belmarsh without being charged. He spent seven years in the Ecuadorian Embassy because the U.K. and Swedish governments refused to guarantee that he wouldn’t be extradited to the U.S., even though he agreed to return to Sweden to aid a preliminary investigation that was eventually dropped.

The judicial lynching of Julian was never about justice. The plethora of legal irregularities, including the recording of his meetings with attorneys by the Spanish security firm UC Global at the embassy on behalf of the CIA, alone should have seen the case thrown out of court as it eviscerates attorney-client privilege.

The U.S. has charged Julian with 17 counts under the Espionage Act and one count of computer misuse, for an alleged conspiracy to take possession of and then publish national defense information. If found guilty on all of these charges he faces 175 years in a U.S. prison.

The extradition request is based on the 2010 release by WikiLeaks of the Iraq and Afghanistan war logs — hundreds of thousands of classified documents, leaked to the site by Chelsea Manning, then an Army intelligence analyst, which exposed numerous U.S. war crimes including video images of the gunning down of two Reuters journalists and 10 other unarmed civilians in the Collateral Murder video, the routine torture of Iraqi prisoners, the covering up of thousands of civilian deaths and the killing of nearly 700 civilians that had approached too closely to U.S. checkpoints.

In February, lawyers for Julian submitted nine separate grounds for a possible appeal.

A two-day hearing in March, which I attended, was Julian’s last chance to request an appeal of the extradition decision made in 2022 by the then British home secretary, Priti Patel, and of many of the rulings of District Judge Baraitser in 2021.

The two High Court judges, Dame Victoria Sharp and Justice Jeremy Johnson, in March rejected most of Julian’s grounds of appeal. These included his lawyers’ contention that the UK-US extradition treaty bars extradition for political offenses; that the extradition request was made for the purpose of prosecuting him for his political opinions; that extradition would amount to retroactive application of the law — because it was not foreseeable that a century-old espionage law would be used against a foreign publisher; and that he would not receive a fair trial in the Eastern District of Virginia. The judges also refused to hear new evidence that the CIA plotted to kidnap and assassinate Julian, concluding — both perversely and incorrectly — that the CIA only considered these options because they believed Julian was planning to flee to Russia.

But the two judges determined Monday that it is “arguable” that a U.S. court might not grant Julian protection under the First Amendment, violating his rights to free speech as enshrined in the European Convention on Human Rights.

The judges in March asked the U.S. to provide written assurances that Julian would be protected under the First Amendment and that he would be exempt from a death penalty verdict. The U.S. assured the court that Julian would not be subjected to the death penalty, which Julian’s lawyers ultimately accepted. But the Department of Justice was unable to provide an assurance that Julian could mount a First Amendment defense in a U.S. court. Such a decision is made in a U.S. federal court, their lawyers explained.

Assistant U.S. Attorney Gordon Kromberg, who is prosecuting Julian, has argued that only U.S. citizens are guaranteed First Amendment rights in U.S. courts. Kromberg has stated that what Julian published was “not in the public interest” and that the U.S. was not seeking his extradition on political grounds.

The extradition request is based on the contention that Julian is not a journalist and not protected under the First Amendment.

Julian’s attorneys and those representing the U.S. government have until May 24 to submit a draft order, which will determine when the appeal will be heard.

Julian committed the empire’s greatest sin — he exposed it as a criminal enterprise. He documented its lies, routine violation of human rights, wanton killing of innocent civilians, rampant corruption and war crimes. Republican or Democrat, Conservative or Labour, Trump or Biden — it does not matter. Those who manage the empire use the same dirty playbook.

The publication of classified documents is not a crime in the United States, but if Julian is extradited and convicted, it will become one.

Julian is in precarious physical and psychological health. His physical and psychological deterioration has resulted in a minor stroke, hallucinations and depression. He takes antidepressant medication and the antipsychotic quetiapine. He has been observed pacing his cell until he collapses, punching himself in the face and banging his head against the wall. He has spent weeks in the medical wing of Belmarsh, nicknamed “hell wing.” Prison authorities found “half of a razor blade” hidden under his socks. He has repeatedly called the suicide hotline run by the Samaritans because he thought about killing himself “hundreds of times a day.”

These slow-motion executioners have not yet completed their work. Toussaint L’Ouverture, who led the Haitian independence movement, the only successful slave revolt in human history, was physically destroyed in the same manner. He was locked by the French in an unheated and cramped prison cell and left to die of exhaustion, malnutrition, apoplexy, pneumonia and probably tuberculosis.

Prolonged imprisonment, which the granting of this appeal perpetuates, is the point. The 12 years Julian has been detained — seven in the Ecuadorian Embassy in London and over five in high-security Belmarsh Prison — have been accompanied by a lack of sunlight and exercise, as well as unrelenting threats, pressure, prolonged isolation, anxiety and constant stress. The goal is to destroy him.

We must free Julian. We must keep him out of the hands of the U.S. government. Given all he did for us, we owe him an unrelenting fight.

If there is no freedom of speech for Julian, there will be no freedom of speech for us.

May 27, 2024 Posted by Christina Macpherson | civil liberties, Legal, UK | assange, julian-assange, news, Politics, Wikileaks | Leave a comment