How Israel violates International Law in Gaza: expert report

https://mondoweiss.net/2024/04/how-israel-violates-international-law-in-gaza-expert-report/
The findings are illustrated by 17 specific, horrific “incidents” and 18 pages of additional incidents. This review of incidents is said to be “supported by both credible media and civil society reporting and statements by Government of Israel officials and IDF uniformed officers.” But the incidents identified are “just the most easily identifiable among a clear pattern of violations of international law, failures to apply civilian harm mitigation best practices, and restrictions on humanitarian assistance,” by Israel and the IDF, often using U.S.-provided arms.
An independent expert report lays out how Israel systematically violated U.S. and International Law in Gaza, concluding that Israel launched indiscriminate and disproportionate attacks on civilian areas due to “extremely relaxed rules of engagement.”
BY STEVE FRANCE
Just days after the Biden administration showered the Israeli military with billions of dollars more in lethal aid, still with no apparent effort to restrict its use on non-military populations and structures, Palestinian solidarity activists were gifted with powerful ammunition to challenge Israel’s genocidal disregard for the International and U.S. laws and norms that protect civilians in war situations.
In a sober but scathing 76-page report, publicly released on April 24, the Independent Task Force on the Application of National Security Memorandum-20 (NSM-20), details “multiple credible incidents constituting violations of international humanitarian law, military best practices, and [improper] restrictions on humanitarian assistance.”
The volunteer and unaffiliated task force of prominent experts — including two recently departed senior State Department officials, legal scholar Noura Erekat, and a former senior “joint terminal attack controller,” Wes Bryant — was rapidly formed after President Biden signed NSM-20 on February 8, 2024. The memorandum tasked the Departments of State and Defense to report to Congress by May 8 on the compliance of Israel (and, nominally, other U.S. allies) with International Humanitarian Law and military best practices, as well as on whether it has impeded humanitarian assistance to Gaza.
Co-chair Noura Erekat said at a briefing that the task force report has two main goals: first, to “inform” State and Defense officials’ review with a selection of well-documented and assessed incidents of misuse of aid, and second, to put pressure on the agencies and the White House to act vigorously to curb the abuses. The pressure will depend on the report’s ability to focus the understanding of the media, the relevant experts, and activists on specific illustrative cases and to clearly explain the legal framework and standards that are supposed to apply.
The panel reported that its
“aggregate analysis of credible reports involving U.S-provided weapons by Israeli forces indicates a context of systematic disregard for fundamental principles of international law, including recurrent attacks launched despite foreseeably disproportionate harm to civilians and civilian objects, wide area attacks without prior warnings in some of the most densely populated residential neighborhoods in the world, direct attacks on civilians…and attacks against civilian objects, including those indispensable for the survival of the civilian population.”
The experts further reported:
“Israeli intelligence sources cited by credible media reports indicate that these patterns of unlawful attacks reflect reliance on an unyielding and unconditioned supply of U.S. weapons, relaxed rules of engagement, application of collective punishment, and the use of artificial intelligence technology to generate thousands of targets (including civilian police and civil defense personnel), at maximum speed and with minimal human oversight.”
The findings are illustrated by 17 specific, horrific “incidents” and 18 pages of additional incidents. This review of incidents is said to be “supported by both credible media and civil society reporting and statements by Government of Israel officials and IDF uniformed officers.” But the incidents identified are “just the most easily identifiable among a clear pattern of violations of international law, failures to apply civilian harm mitigation best practices, and restrictions on humanitarian assistance,” by Israel and the IDF, often using U.S.-provided arms.
Just as important for non-experts is the report’s outline of exactly how the U.S. and international legal systems are supposed to protect civilians from harm — and how they are flouted. Thus, the experts point to three “fundamental rules [that] govern targeting decisions in armed conflict”:
1 Distinguish between civilians and combatants, and between civilian objects and military objectives, with a presumption that persons or objects are protected from attack unless the information available at the time indicates that they are military objectives.
2. Take all feasible “precautions” in planning and conducting attacks to avoid or at least minimize incidental loss of civilian life, injury to civilians, and damage to civilian objects.
3. Respect “proportionality,” i.e., conduct no attacks that are excessive in relation to the concrete and direct military advantage anticipated. The greater the foreseeable harm to civilians and civilian objects, the greater the foreseeable military advantage necessary to justify a particular attack. International humanitarian law (IHL) gives special protection to hospitals, clinics, and ambulances, as well as to humanitarian relief operations, and UN premises.
The report outlines the basics of “civilian harm mitigation practices,” including U.S. Defense Department practices. A key concept is “no-strike entities” (NSEs), which DOD says “may include, but are not limited to, medical, educational, diplomatic, cultural, religious, and historical sites, or other objects that do not, by their nature, location, purpose, or use, effectively contribute to the enemy’s war-fighting or war-sustaining capability.” The task force charges that Israel has “routinely and repeatedly” targeted six fundamental categories of NSEs, plus a broad array of slightly less protected entities.
Proportionality ‘rendered meaningless’
A common excuse the Israelis advance for the death and wounding of civilians is that they are being used by Hamas as “human shields.” The report notes that “taking advantage of the presence of civilians or other protected persons with intent to shield a military objective from attack constitutes a war crime.” However, U.S. military rules “affirm that an attacker shares responsibility for civilian harm with its enemies if it fails to take feasible precautions” to avoid killing shields.
NSM-20 itself spells out that its allies must “facilitate and not arbitrarily deny, restrict, or otherwise impede . . . the transport or delivery of [U.S.] humanitarian assistance and U.S. Government-supported international…humanitarian assistance.”
Outlining the “context” of Israel’s “systematic disregard for IHL,” the report cites “recurrent attacks launched despite foreseeably disproportionate harm to civilians and civilian objects, wide-area attacks without prior warnings in some of the most densely populated residential neighborhoods in the world, direct attacks on civilians or otherwise protected persons…and attacks against civilians objects, including those indispensable for the survival of the civilian population.” A high-ranking former IDF officer is quoted as condemning Israel’s “reckless conduct,” which he says “reflects an absolute assumption that the U.S. will continue to arm and finance it.”
“Extremely relaxed rules of engagement” inconsistent with IHL also explain much of the harm done to civilians. Thus, Chief of Staff of the Israeli Air Force, Omar Tishler, has stated that neighborhoods have been attacked “on a large scale and not in a surgical manner.”
Such attacks are facilitated by an expansion of the concept of “military advantage” in its proportionality assessments to weigh civilian harms against the advantages of “an operation as a whole,” rather than against each individual attack. That move “renders the proportionality rule meaningless,” the report says, as it’s impossible to compare the harms of a single specific attack with all the military advantages allegedly achieved or sought by the whole Gaza operation, which has lasted more than six months.
Similarly, former U.S. Air Force drone controller Bryant noted how Israel blurs the requirement of taking precautions to protect civilians “by employing precautions it knows are ineffective,” such as texting populations whose phones are not functional.
Also “relaxed” is Israel’s use of the term terrorist. Thus, a reserve officer told Ha’aretz, “In practice, a terrorist is anyone the IDF has killed in the areas in which its forces operate.” The extensive, open-ended imposition of “kill zones” is another way to disguise genocide, an Israeli intelligence officer has explained. With a “kill zone” lasting a month or two, “you could stick with an order that anyone approaching should be shot…But we’ve been there for six months, and people have to start coming out; they are trying to survive, and that leads to very serious incidents.”
Lastly, Israel asserts it can block humanitarian aid, if it has “serious reasons for fearing” that relief consignments “will be diverted from their civilian destination or otherwise provide a definite advantage to the enemy’s military efforts” — a position the task force says relies on a “defective rule” from 1949 that was modified in 1977 and superseded by a rule of customary international law. Recent UN Security Council and General Assembly resolutions confirm that Israel “must allow and facilitate rapid and unimpeded humanitarian relief and may not deny such relief based on fears that a small portion of aid may be seized by armed groups.”
In conclusion, the report warns that “the Task Force’s findings raise grave concerns regarding the Administration’s compliance with both U.S. and international law, particularly with respect to security assistance and arms transfers.” It then identifies the laws in question, as well as citing “obligations under customary international law to ensure respect for international humanitarian law and to cooperate to bring serious violations of peremptory norms of general international law to an end through lawful means.”
Academic arrested for “statements against Zionism” as Israel intensifies anti-genocide crackdown
Jean Shaoul, WSWS, 1 May 24
This month, Israeli police arrested and detained for questioning Professor Nadera Shalhoub-Kevorkian, a leading Palestinian legal academic, over comments made on a podcast weeks earlier. Shalhoub-Kevorkian holds a chair in law at the Hebrew University in Jerusalem and another at Queen Mary University of London.
The police said, “The detainee is suspected of making serious incitement against the State of Israel and for having said statements against Zionism and even claims that Israel is currently committing genocide in the Gaza Strip.” They added that they had found posters and pictures in her home depicting Israel Defense Forces (IDF) soldiers as an occupying army.
Freedom of political expression in relation to the Israeli-Palestinian conflict has always been restricted and there have been widespread detentions of Palestinian citizens of Israel who have publicly criticised the war in Gaza. But this is the first time an academic has been targeted over opposition to Zionism, possession of posters against the occupation and claims of Israeli genocide in Gaza—statements that pose no “security threat,” let alone any “incitement” to violence, terror and racism. Since the attorney general’s office must approve all prosecutions relating to freedom of speech, Shalhoub-Kevorkian’s detention was greenlighted not just by the police but at the very heart of government.
Her detention is part of a broader crackdown on dissent and the targeting of Israel’s critics by Prime Minister Benjamin Netanyahu’s fascistic regime, aimed at intimidating and silencing Israel’s Palestinian citizens who make up 20 percent of the population. Netanyahu’s strategic goal of annexing Palestinian territory illegally occupied since the 1967 Arab-Israeli war and establishing an ethno-religious regime between the River Jordan and the Mediterranean Sea means the “only democracy in the Middle East” eliminating even the tattered, democratic façade of the Israeli state.
The police confiscated books and posters from Shalhoub-Kevorkian’s home and questioned her extensively about her academic work, including articles published years ago, even though academic writing is afforded special legal protections in Israel. In her 60s, she was strip-searched, handcuffed so tightly it caused pain, denied access to food, water and medication for several hours, and held overnight in a cold cell without adequate clothing or blankets, conditions her lawyers described as “terrible” and designed to humiliate. While she was released on bail the next day, after a magistrate and a district court judge both ruled she posed no threat, days later she was summoned for further questioning.
Her lawyer, the director of the human rights organisation Adalah, Hassan Jabareen, said, “This case is unique. This is not only about one professor; it could be a [precedent] for any academic who goes against the consensus in wartime.” As he explained, “They could have asked her to come to the police station for two or three hours to discuss, investigate. To carry out the arrest like that, as if she was a dangerous person, shows the main purpose was to humiliate her. It was illegal, that’s why the magistrates court accepted my argument that she should be released and the district court confirmed it.”
Her arrest follows months of political attacks orchestrated by the Hebrew University, which likes to present itself as a model of liberalism and inclusion, in the run-up to her detention. The rector had called on her to resign in late 2023 after she signed a letter calling for a ceasefire in Gaza and describing Israel’s campaign as genocide, and she was briefly suspended over a podcast in which she discussed the tragic events of October 7 and the subsequent destruction, death, and starvation in Gaza. He had objected to her calling for Zionism to be abolished and casting doubt about some aspects of the October 7 attack, particularly reports of sexual assaults.
More than 100 academics at the Hebrew University published an open letter backing Shalhoub-Kevorkian, criticising the university for not supporting her. They wrote, “Regardless of the content of Nadera’s words, their interpretation and the opinions she expressed, it is clear to everyone that this is a political arrest, the whole purpose of which is to gag mouths and limit freedom of expression. Today it is Nadera who stands on the bench, and tomorrow it is each and every one of us.”…………………………………………………………………….. more https://www.wsws.org/en/articles/2024/04/30/dxoj-a30.html
Former Sellafield consultant claims the nuclear complex tampered with evidence
Whistleblower Alison McDermott claims former employer Sellafield tampered with metadata in letters used in evidence during an employment tribunal.
Tommy Greene, Bill Goodwin, Computer Weekly, 22 Apr 24
A former consultant at Sellafield has claimed that metadata in letters used against her in a tribunal hearing by the nuclear facility has been interfered with.
A tribunal has heard that three letters produced by managers at the vast nuclear complex and submitted as evidence in the employment dispute were “fabricated” and “tampered with”.
Alison McDermott lost a whistleblowing claim against the Cumbrian nuclear facility and is now fighting a demand to pay £40,000 costs.
The former Sellafield consultant said the metadata for one of the three letters was “wiped” by legal representatives for Sellafield.
She formally withdrew the allegations in her first employment tribunal claim against the nuclear complex.
The 2021 tribunal judgment determined that the letters were not “fabrications”.
“These letters are not fabrications, as had previously been asserted by the Claimant,” it found.
However, the ex-contractor raised her claims about the letters’ production and of alleged tampering during last week’s tribunal when defending herself from allegations she had acted “unreasonably” in the legal action with Sellafield and a regulatory body.
Sellafield maintains that McDermott’s allegations are “untrue”.
McDermott, a human resources (HR) consultant, signed a two-day-a-week contract with Sellafield worth £1,500 per day and was tasked in 2018 with looking at an employee’s sexual harassment allegations.
But within days of submitting a report that found the HR team was viewed as “broken and dysfunctional” by some staff, her contract was ended.
She has contested cost awards as a litigant-in-person during a one-day hearing in Leeds.
Summarising her arguments, tribunal judge Stuart Robertson said McDermott had suggested that the three letters used against her by Sellafield during the employment case over the termination of her contract were “fabricated and not genuine”.
Deshpal Panesar KC, who represented Sellafield at the tribunal, accused McDermott of “making baseless claims of the most damaging sort – representing an existential threat to the careers of multiple public servants”.
Panesar said McDermott had accused Sellafield and its regulatory body, the Nuclear Decommissioning Authority (NDA), of “illicit conduct, fabrication of evidence and false representations” when making her case.
McDermott sought to challenge cost awards made against her, amounting to £40,000, in a previous tribunal decision.
The employment tribunal claim she brought against Sellafield in 2021 was unsuccessful. But an appeal judge found aspects of her case “troubling” and she was subsequently recognised as a whistleblower under UK employment law.
Robertson, a new tribunal judge, is now considering whether McDermott’s claims and conduct have been “unreasonable”.
McDermott claims she suffered a number of detriments when her contract was terminated. She has since spoken out publicly against Sellafield, branding its workplace culture as “toxic”.
Sellafield and the NDA have contested the claims robustly, initially arguing McDermott’s work was ended for “financial reasons” and later as a result of her “poor” performance.
Suspicious of the letters
The three letters have been a central point of contention in McDermott’s court battle.
The Information Commissioner’s Office ruled in early 2021 that Sellafield had acted unlawfully, having broken data laws and committed security breaches for, among other things, failing to supply McDermott with the letters after she had made a data subject access request.
Sellafield subsequently used the critical letters against McDermott in the employment tribunal case she brought over the termination of her contract.
McDermott told Thursday’s tribunal that the letters had caused her “significant detriment”………………………………………………………………………………………………………………………………………… more https://www.computerweekly.com/news/366581793/Former-Sellafield-consultant-claims-the-nuclear-complex-tampered-with-evidence
Under UN Charter, Iran’s Attack Was a Legal Response to Israel’s Illegal Attack

Iran’s attack on Israel was lawful self-defense carried out in compliance with international humanitarian law.
On April 13, Iran’s aircraft struck two air bases in the Negev desert, where the April 1 attack on Iran’s consulate had been launched. “Iran retaliated against those targets in Israel directly related to the Israeli attack on Iran,”
By Marjorie Cohn , TRUTHOUT, April 18, 2024
On April 1, Israel mounted an unprovoked military attack on a building that was part of the Iranian Embassy complex in Damascus, Syria, killing seven of Iran’s senior military advisers and five additional people. The victims included Gen. Mohamad Reza Zahedi, head of Iran’s covert military operations in Lebanon and Syria, and two other senior generals.
Although Israel’s attack violated the United Nations Charter, the UN Security Council refused to condemn it because the United States, the U.K. and France exercised their vetoes on April 4.
Iran considered this attack on its consulate “an act of war,” Trita Parsi wrote at Foreign Policy.
On April 11, the Permanent Mission of the Islamic Republic of Iran to the United Nations stated: “Had the UN Security Council condemned the Zionist regime’s reprehensible act of aggression on our diplomatic premises in Damascus and subsequently brought to justice its perpetrators, the imperative for Iran to punish this rogue regime might have been obviated.”
Then, on April 13, in response to Israel’s attack, Iran fired more than 300 drones and missiles at the Israeli air base from which the April 1 attacks had emanated. Only two of them landed inside Israel and no one was killed; a Bedouin girl was injured. The U.S., U.K., France, Jordan and Israel intercepted the remaining Iranian missiles and drones. A senior U.S. military official said “there’s no significant damage within Israel itself.”
The Iranian mission to the UN wrote in an April 13 letter to the UN secretary-general that Iran’s action was conducted “in the exercise of Iran’s inherent right to self-defense” under Article 51 of the UN Charter “and in response to the Israeli recurring military aggressions, particularly its armed attack” on April 1 “against Iranian diplomatic premises, in the defiance of Article 2(4) of the Charter of the United Nations.”
The April 1 attack was not the first time Israel had attacked key Iranian personnel………………………………………………………………………….
Iran made clear that it seeks to avoid further escalation that could spark a widespread regional war. An April 13 social media post from Iran’s permanent mission to the UN stated, “The matter can be deemed concluded. However, should the Israeli regime make another mistake, Iran’s response will be considerably more severe. It is a conflict between Iran and the rogue Israeli regime, from which the U.S. MUST STAY AWAY!”
At a Security Council meeting on April 14, Iran’s UN Ambassador Saeid Iravani defended the lawfulness of the missile and drone attack on Israel. He noted the hypocrisy of the U.S. and its allies that claim Israel is acting in self-defense as it conducts its genocide of the Palestinian people:………………………………………..
Israel’s Attack on Iranian Consulate Violated the UN Charter and Vienna Conventions
Iran’s April 13 attack on Israel was a lawful exercise of self-defense in response to Israel’s unlawful April 1 attack on the Iranian consulate. The Israeli attack was an illegal act of aggression.
Article 2 (4) of the UN Charter states, “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.”
An act of aggression is inconsistent with the purposes of the UN. Article 39 of the Charter says, “The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression.”
An “‘act of aggression’ means the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations,” under the Rome Statute for the International Criminal Court. Aggression includes “the invasion or attack by the armed forces of a State of the territory of another State.”
Moreover, “Consular premises shall be inviolable,” according to Article 31 of the 1963 Vienna Convention on Consular Relations. Article 1 defines consular premises as “the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, used exclusively for the purposes of the consular post.”
The 1961 Vienna Convention on Diplomatic Relations likewise provides in Article 22.1 that, “The premises of the mission shall be inviolable. The agents of the receiving State may not enter them, except with the consent of the head of the mission.”
During Israel’s bombing of Iran’s consulate in Syria, it targeted and killed very senior Iranian officials. The attack constituted an act of aggression, which triggered Iran’s right to self-defense.
Iran’s April 13 Attack on Israel Constituted Lawful Self-Defense
Article 51 states, “Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations, until the Security Council has taken the measures necessary to maintain international peace and security.”
An armed attack includes not just an attack against the territory of a state, including its airspace and territorial sea, but also attacks directed against its armed forces or embassies abroad.
On April 13, Iran’s aircraft struck two air bases in the Negev desert, where the April 1 attack on Iran’s consulate had been launched. “Iran retaliated against those targets in Israel directly related to the Israeli attack on Iran,” former U.S. weapons inspector Scott Ritter wrote.
Nevertheless, the Security Council has failed to adopt a resolution condemning Israel’s attack on Iran’s consulate, as Iran pointed out in its April 13 letter to the UN secretary-general.
At an April 14 meeting of the Security Council, the Israeli representative declared that Iran is the number one global sponsor of terrorism and the world’s worst human rights violator. It is Israel, however, that has killed nearly 34,000 Palestinians — two-thirds of them women and children — during its campaign of genocide in Gaza that has now entered its seventh month.
Iran’s self-defense action was the natural outcome of Israel’s violations of international law — both on Syrian territory and elsewhere — the representative from the Syrian Arab Republic said at the April 14 council meeting. Israel is trying to cover up its genocide and military failures in Gaza, the Syrian representative added.
Iran’s Attack Satisfied the Principles of Proportionality, Distinction and Precautions……………………………………………………………….
Netanyahu Is Gunning for War With Iran
Israeli Prime Minister Benjamin Netanyahu would like nothing better than to start a war with Iran. Netanyahu considers Iran an “existential threat” to Israel. He persuaded former President Donald Trump to pull out of the Iran nuclear deal, which was working to prevent Iran from developing nuclear weapons.
As the world waits for Israel’s response to the Iranian attack, President Joe Biden said the U.S. would not assist Israel in an offensive military action against Iran but it would give Israel defensive support if Iran attacks Israel. “But the distinction between offensive or defensive support becomes meaningless the second a war breaks out,” wrote Trita Parsi.
Today, the U.S. and U.K. imposed additional punishing sanctions on Iran. Unilateral coercive measures, levied without the imprimatur of the Security Council, are illegal and generally harm only the general population…………………………………………………………………………………………… more https://truthout.org/articles/under-un-charter-irans-attack-was-a-legal-response-to-israels-illegal-attack/
Biden Administration Defies Australia’s Call To End Assange Case, Submits ‘Assurances’ To UK Court
Streamed live on 17 Apr 2024Join Kevin Gosztola, author of “Guilty of Journalism: The Political Case Against Julian Assange,” as he covers the U.S. government’s “assurances” that were submitted to a British appeals court. They represent a clear indication that President Joe Biden’s administration is not going to end the case. If Biden was “considering” a plea deal for Assange, as was reported, he has made the decision to keep pursuing extradition and a U.S. trial on Espionage Act charges.
US Issues Assurances on Assange

The U.S. Tuesday filed assurances on the death penalty and the 1st Amendment, the latter of which Stella Assange called a “non-assurance.”
Joe Lauria, in London, Consortium News, 17 Apr 24, https://consortiumnews.com/2024/04/16/us-issues-assurances-assange/
The United States Embassy on Tuesday filed two assurances with the British Foreign Office saying it would not seek the death penalty against imprisoned WikiLeaks‘ publisher Julian Assange and would allow Assange “the ability to raise and seek to reply upon at trial … the rights and protections given under the First Amendment,” according to the U.S. diplomatic note.
Assange’s wife Stella Assange said the note “makes no undertaking to withdraw the prosecution’s previous assertion that Julian has no First Amendment rights because he is not a U.S citizen. Instead,” she said, “the US has limited itself to blatant weasel words claiming that Julian can ‘seek to raise’ the First Amendment if extradited.”
The note contains a hollow statement, namely, that Assange can try to raise the First Amendment at trial (and at sentencing), but the U.S. Department of Justice can’t guarantee he would get those rights, which is precisely what it must do under British extradition law based on the European Convention on Human Rights.
The U.S. Department of Justice is legally restricted to assure a free speech guarantee to Assange equivalent to Article 10 of the European Convention, which the British court is bound to follow. But without that assurance, Assange should be freed according to a British Crown Prosecution Service comment on extraditions.
In USAID v. Alliance for Open Society, the U.S. Supreme Court ruled in 2020 that non-U.S. citizens outside the U.S. don’t possess constitutional rights. Both former C.I.A. Director Mike Pompeo and Gordon Kromberg, Assange’s U.S. prosecutor, have said Assange does not have First Amendment protection.
Because of the separation of powers in the United States, the executive branch’s Justice Department can’t guarantee to the British courts what the U.S. judicial branch decides about the rights of a non-U.S. citizen in court, said Marjorie Cohn, law professor and former president of the National Lawyers’ Guild.
“Let’s assume that … the Biden administration, does give assurances that he would be able to raise the First Amendment and that the [High] Court found that those were significant assurances,” Cohn told Consortium News‘ webcast CN Live! last month.
“That really doesn’t mean anything, because one of the things that the British courts don’t understand is the U.S. doctrine of separation of powers,” she said.
“The prosecutors can give all the assurances they want, but the judiciary, another [one] .. of these three branches of government in the U.S., doesn’t have to abide by the executive branch claim or assurance,” Cohn said.
In other words, whether Assange can rely on the First Amendment in his defense in a U.S. court is up to that court not Kromberg or the Department of Justice, which issued the assurance on Tuesday.
The United States has issued a non-assurance in relation to the First Amendment,” said Stella Assange
Assange’s legal team now has the right to challenge the credibility and validity of the U.S. assurances filed on Tuesday. The U.S. would then have a right to reply to Assange’s legal submissions to the court, which will hold a hearing on May 20 to determine whether or not to accept the U.S. assurances.
If the court does, Assange can be put on a plane to the U.S. theoretically that day. If not Assange would be granted a full appeal against the Home Office’s 2022 order to extradite him. Assange is wanted in the U.S. on 17 charges under the 1917 Espionage Act and one on conspiracy to commit computer intrusion. He faces up to 175 years in a U.S. dungeon.
“The diplomatic note does nothing to relieve our family’s extreme distress about his future — his grim expectation of spending the rest of his life in isolation in US prison for publishing award-winning journalism,” Stella Assange said.
In its 66-page ruling on March 26, the two High Court judges wrote Kromberg wouldn’t have said Assange would be without First Amendment rights at trial “unless that was a tenable argument that the prosecution was entitled to deploy with a real prospect of success.”
“If such an argument were to succeed it would (at least arguably) cause the applicant [Assange] prejudice on the grounds of his non-US citizenship (and hence, on the grounds of his nationality),” the judges said. They added:
“The applicant wishes to argue, at any trial in the United States, that his actions were protected by the First Amendment. He contends that if he is given First Amendment rights, the prosecution will be stopped. The First Amendment is therefore of central importance to his defence to the extradition charge.”
This is the statement Stella Assange put out on X Tuesday at 11:36 am EDT:
“The United States has issued a non-assurance in relation to the First Amendment, and a standard assurance in relation to the death penalty. It makes no undertaking to withdraw the prosecution’s previous assertion that Julian has no First Amendment rights because he is not a U.S citizen. Instead, the US has limited itself to blatant weasel words claiming that Julian can ‘seek to raise’ the First Amendment if extradited. The diplomatic note does nothing to relieve our family’s extreme distress about his future — his grim expectation of spending the rest of his life in isolation in US prison for publishing award-winning journalism. The Biden Administration must drop this dangerous prosecution before it is too late.”
Faulty Assurances: The Judicial Torture of Assange Continues

April 17, 2024, Dr Binoy Kampmark, https://theaimn.com/faulty-assurances-the-judicial-torture-of-assange-continues/
Only this month, the near comatose US President, Joe Biden, made a casual, castaway remark that his administration was “considering” the request by Australia that the case against Julian Assange be concluded. The WikiLeaks founder has already spent five gruelling years in London’s Belmarsh prison, where he continues a remarkable, if draining campaign against the US extradition request on 18 charges, 17 incongruously and outrageously based on the US Espionage Act of 1917.
Like readings of coffee grinds, his defenders took the remark as a sign of progress. Jennifer Robinson, a longtime member of Assange’s legal team, told Sky News Australia that Biden’s “response, this is what we have been asking for over five years. Since 2010 we’ve been saying this is a dangerous precedent that’s being set. So, we certainly hope it was a serious remark and the US will act on it.” WikiLeaks editor-in-chief Kristinn Hrafnsson found the mumbled comment from the president “extraordinary”, hoping “to see in the coming days” whether “clarification of what this means” would be offered by the powerful.
On April 14, the Wall Street Journal reported that Canberra had asked their US counterparts whether a felony plea deal could be reached, enabling the publisher to return to Australia. “Prosecutors and a lawyer for Assange have discussed a range of potential deals, including those that include pleading guilty to a felony under the espionage law under which he was indicted, and those of conspiring to mishandle classified information, which would be a misdemeanor, people familiar with the matter have said.”
Last month, the UK High Court gave what can only be regarded as an absurd prescription to the prosecution should they wish to succeed. Extradition would be unlikely to be refused if Assange was availed of protections offered by the First Amendment (though rejecting claims that he was a legitimate journalist), was guaranteed not to be prejudiced, both during the trial and in sentence on account of his nationality, and not be subject to the death penalty. That such directions were even countenanced shows the somewhat delusionary nature of British justices towards their US counterparts.
On April 16, Assange’s supporters received confirmation that the extradition battle, far from ending, would continue in its tormenting grind. Not wishing to see the prospect of a full hearing of Assange’s already hobbled arguments, the US State Department, almost to the hour, filed the assurances in a diplomatic note to the Crown Prosecution Service (CPS). “Assange,” the US Embassy in London claimed with aping fidelity to the formula proposed by the High Court, “will not be prejudiced by reason of nationality with respect to which defenses he may seek to raise at trial and at sentencing.”
Were he to be extradited, “Assange will have the ability to raise and seek to rely upon at trial (which includes any sentencing hearing) the rights and protections given under the First Amendment of the Constitution of the United States.” An obvious caveat, and one that should be observed with wary consideration by the High Court judges, followed. “A decision as to the applicability of the First Amendment is exclusively within the purview of the US Courts.”
The US embassy also promised that, “A sentence of death will neither be sought nor imposed on Assange. The United States is able to provide such assurance as Assange is not charged with a death-penalty eligible offense, and the United States assures that he will not be tried for a death-eligible offense.” This undertaking does not dispel the threat of Assange being charged with additional offences such as traditional espionage, let alone aiding or abetting treason, which would carry the death penalty.
In 2020, Gordon Kromberg, the chief Department of Justice prosecutor behind the case, told the Central Criminal Court of England and Wales that the US “could argue that foreign nationals are not entitled to protections under the First Amendment, at least as it concerns national defense information.” There was also the likelihood that Assange, in allegedly revealing the names of US intelligence sources thereby putting them at risk of harm, would also preclude the possibility of him relying on such protections.
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That the zealous Kromberg will be fronting matters should Assange reach US shores is more than troubling. Lawyers and civil rights activists have accused him of using the Eastern District Court of Virginia for selective and malicious prosecutions. As Murtaza Hussain of The Intercept observed with bleak accuracy in July 2021, “[r]ather than being pushed into obscurity by these efforts, today he is serving as a key figure in one of the most important civil liberties cases in the world.”
The High Court also acknowledged Kromberg’s views at trial regarding the possibility that the First Amendment did not cover foreign nationals. “It can fairly be assumed that [Kromberg] would not have said that the prosecution ‘could argue that foreign nationals are not entitled to protections under the First Amendment’ unless that was a tenable argument that the prosecution was entitled to deploy with real prospect of success.” These latest assurances do nothing to change that fact.
A post from Assange’s wife, Stella, provided a neat and damning summary of the embassy note. “The United States has issued a non-assurance in relation to the First Amendment, and a standard assurance in relation to the death penalty. It makes no undertaking to withdraw the prosecution’s previous assertion that Julian has no First Amendment rights because he is not a US citizen. Instead, the US has limited itself to blatant weasel words claiming that Julian can ‘seek to raise’ the First Amendment if extradited.”
UK Government decision to withhold nuclear power plant information unlawful
Government decision to withhold nuclear power plant information unlawful.
A ruling by the Information Commissioner (IC) requiring the Secretary of
State for Energy Security and Net Zero requesting the disclosure of
information in respect of a proposed nuclear power plant on Anglesey was
upheld by the General Regulatory Chamber (GRC) which concluded that the
public interest supported its disclosure.
Planning Resource 11th April 2024
Swiss women win landmark climate victory at European Court of Human Rights
Swiss women win landmark climate victory at European Court of Human
Rights. Court finds in favour of group of older Swiss women who claimed
inaction on the climate crisis by their government put them at greater risk
of death from heatwaves.
Independent 9th April 2024
BBC 9th April 2024
Lawsuit challenges $1 billion in federal funding to sustain California’s last nuclear power plant

BY MICHAEL R. BLOOD, 10, April 4, 2024
LOS ANGELES (AP) — An environmental group has sued the U.S. Energy Department over its decision to award over $1 billion to help keep California’s last nuclear power plant running beyond a planned closure that was set for 2025. The move opens another battlefront in the fight over the future of Diablo Canyon’s twin reactors.
Friends of the Earth, in a complaint filed Tuesday in U.S. District Court in Los Angeles, argued that the award to plant operator Pacific Gas & Electric last year was based on an outdated, flawed analysis that failed to recognize the risk of earthquakes or other serious events.
The complaint called the safety assessment “grossly deficient” and accuses the Energy Department of relying on a 50-year-old environmental analysis.
“The environmental impacts from extending the lifespan of this aging power plant at this point in time have not been adequately addressed or disclosed to the public,” the complaint said.
An email seeking comment was sent to the Energy Department.
Diablo Canyon lies on a bluff overlooking the Pacific midway between Los Angeles and San Francisco. It began operating in the mid-1980s and supplies up to 9% of the state’s electricity on any given day.
In 2016, PG&E, environmental groups and unions representing plant workers agreed to close the facility by 2025. But the Legislature voided the deal in 2022 after Democratic Gov. Gavin Newsom reversed his position and said the power is needed to ward off blackouts as the state transitions to renewables and climate change stresses California’s energy system.
Since then, disputes have swirled about the safety of Diablo Canyon’s decades-old reactors, whether taxpayers might be saddled with hundreds of millions of dollars in additional costs and even if the electricity is needed in the age of solar and other green energy.
PG&E has long said the twin-domed plant is safe, an assessment endorsed by the Nuclear Regulatory Commission.
The Biden administration approved $1.1 billion in Energy Department funding in January. The financing came through the administration’s civil nuclear credit program, which is intended to bail out financially distressed owners or operators of nuclear power reactors as part of the administration’s effort to cut planet-warming greenhouse gas emissions in half by 2030 compared with 2005 levels.
PG&E has said it wants to keep the plant open to “ensure statewide electrical reliability and combat climate change” at the direction of the state.
The utility is seeking a 20-year extension of its federal licenses, typical in the industry, but emphasized the state would control how long the plant actually runs. A state judge has conditionally approved a blueprint to keep it operating for an additional five years, until 2030.
California is the birthplace of the modern environmental movement and for decades has had a fraught relationship with nuclear power. The fight over Diablo Canyon is playing out as the long-struggling nuclear industry sees a potential rebirth in the era of global warming. Nuclear power doesn’t produce carbon pollution like fossil fuels, but it leaves behind waste that can remain dangerously radioactive for centuries.
Sprawling Sellafield Nuclear Waste Site Prosecuted for Cybersecurity Failings

UK regulator said that one of the world’s most toxic sites accumulated cybersecurity “offenses” from 2019 to 2023
Dark Reading Staff, Dark Reading, April 2, 2024, https://www.darkreading.com/ics-ot-security/sellafield-nuclear-waste-site-prosecuted-cybersecurity-failings
Sellafield Ltd, the managing company of the Sellafield nuclear site, will be prosecuted by the UK’s independent nuclear safety regulator for alleged cybersecurity offenses.
According to the safety regulator, the infractions were garnered over a four-year period from 2019 to 2023. However, the regulator noted in its announcement that there is nothing to suggest that public safety has been compromised over these “information technology security offenses.” The Office for Nuclear Regulation (ONR) provided little comment regarding what the specific issues are, or the legal proceedings, but noted that “details of the first court hearing will be announced when available.”
This is not the first time the company has been under scrutiny. Its cybersecurity issues were also addressed in the Chief Nuclear Inspector’s annual report on the country’s nuclear industry, released last September. And in December, the Guardian released a bombshell report that advanced persistent threats (APTs) backed by Russia and China have been breaching the Sellafield’s IT systems as far back as 2015 — attacks that the paper alleged have been consistently covered up by senior staff at the site, which holds a vast store of radioactive waste and the world’s largest store of plutonium
Though it’s not currently known whether any senior managers were involved in these security failings and, if so, whether they’ll face charges, if convicted, an individual can face a maximum of two years in prison.
A nuclear reactor is located on the Sellafield grounds. Even though it was closed in 2003, it is still Europe’s largest nuclear site, and the ONR considers it to be “one of the most complex and hazardous nuclear sites in the world.” That’s likely a big part of the reason why the company’s cybersecurity failings are of notable concern.
Though cyberattacks on power plants aren’t necessarily common, they have occurred on rare occasions, such as the 2017 spate of attacks using Triton malware, also known as Trisis and HatMan, that was used to target a Middle East petrochemical facility at the hands of the Russian Central Scientific Research Institute of Chemistry and Mechanics (TsNIIkhM). The threat actor moved through IT and operational technology (OT) networks to gain entry to the safety system and targeted the Schneider Electric Triconex safety instrumented system, which allows initiation of a safe shutdown process in case of emergencies. With the system modified by malware, it could have led to damages to the facility, operational shutdown, and even fatalities.
That said, what kind of damage a cyberattack would cause Sellafield and whether it could have a similar catastrophic fallout is unknown, since the nuclear reactor is no longer operational.
UK Court Gives Biden Chance to Dodge Assange Appeal by “Assuring” His Rights

The WikiLeaks publisher could be extradited if the US gives “satisfactory assurances” of rights and no death penalty.
By Marjorie Cohn , TRUTHOUT 29 Mar 24, https://truthout.org/articles/uk-gives-biden-opportunity-to-dodge-assange-appeal-by-assuring-his-rights/
WikiLeaks publisher Julian Assange is closer than ever to being extradited to the United States for trial on 17 counts under the Espionage Act and one count of conspiracy to commit computer intrusion over WikiLeaks’s 2010-2011 revelation of evidence of U.S. war crimes in Iraq, Afghanistan and Guantánamo Bay. He faces 175 years in prison.
“This is a signal to all of you that if you expose the interests that are driving war they will come after you, they will put you in prison and they will try to kill you,” said Stella Assange, Julian’s wife, of his prosecution.
On March 26, the United Kingdom Divisional Court denied Assange the opportunity to make most of his appellate arguments. But the two-judge panel of Justice Jeremy Johnson and Dame Victoria Sharp left open the possibility that Assange could appeal on three grounds. They found that Assange “has a real prospect of success” on the following issues: If extradited to the U.S., he will be denied the right to freedom of expression, will suffer discrimination because he’s not a U.S. citizen and could be sentenced to death.
Rather than simply allowing Assange to argue the three issues on appeal, however, the panel gave the Biden administration an out. If the U.S. provides the court with “satisfactory assurances” that Assange won’t be denied any of these rights, his extradition to the U.S. can proceed without an appeals hearing.
Stella Assange called the decision “astounding,” adding, “The court’s recognized that Julian has been exposed to flagrant denial of his freedom of expression rights, that he is being discriminated against on the basis of his nationality and that he remains exposed to the death penalty.”
At an earlier stage in this case, the U.S. gave the U.K. High Court “assurances” that Assange would be treated humanely if extradited. That caused the court to reverse the magistrate judge’s denial of extradition (which was based on the likelihood of suicide if Assange is held in harsh conditions of confinement in the U.S.). The High Court accepted those assurances at face value in spite of the U.S.’s history of reneging on similar assurances.
The current ruling, however, requires U.S. assurances to be “satisfactory” and the defense will have an opportunity to challenge them at a hearing.
“Mr. Assange will not, therefore, be extradited immediately,” the panel wrote, implying that if they had denied his appeal outright, the U.K. authorities would put him on a plane to the U.S. forthwith. They gave the U.S. three weeks to come forward with satisfactory assurances.
If the U.S. fails to provide any assurances, Assange will be granted a hearing on the three grounds. If the U.S. does give assurances, a hearing to decide whether they are satisfactory will occur on May 20.
“The Biden administration should not offer assurances. They should drop this shameful case that should never have been brought,” Stella Assange said.
These are the grounds the High Court will review if the U.S. fails to provide “satisfactory assurances”:
1. Extradition Would Violate Freedom of Expression Guaranteed by Article 10 of European Convention on Human Rights
Assange would argue at trial that his actions were protected by the First Amendment to the U.S. Constitution. “He contends that if he is given First Amendment rights, the prosecution will be stopped. The First Amendment is therefore of central importance to his defence,” the panel concluded.
The First Amendment provides “strong protection” to freedom of expression, similar to that provided by Article 10 of the European Convention on Human Rights, the panel noted. Article 10 (1) of the convention says, “Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.”
Gordon Kromberg, assistant U.S. attorney in the Eastern District of Virginia, where Assange’s trial would be held, said the prosecution might argue at trial that “foreign nationals are not entitled to protections under the First Amendment,” the panel noted. In 2017, then-CIA Director Mike Pompeo said that Assange “has no First Amendment freedoms” because “he is not a U.S. citizen.”
In addition, the U.S. Supreme Court ruled in the 2020 case of Agency for International Development v. Alliance for Open Society International that “it is long settled as a matter of American constitutional law that foreign citizens outside United States territory do not possess rights under the US Constitution.”
The panel wrote that if Assange “is not permitted to rely on the First Amendment, then it is arguable that his extradition would be incompatible with article 10 of the Convention.”
But even if the U.S. Department of Justice prosecutors give “satisfactory assurances” that Assange’s First Amendment rights would be protected, that is no guarantee. Prosecutors are part of the executive branch, which cannot bind the judicial branch due to the constitutional doctrine of separation of powers.
“The ruling reveals that the High Court does not understand the American system of government,” Stephen Rohde, who practiced First Amendment law for almost 50 years and writes extensively about the Assange case, told Truthout. “It only has before it the executive branch of the U.S. government. Whatever ‘satisfactory assurances’ the Department of Justice may give the High Court, they are not binding on the judicial branch.”
Moreover, Rohde said, “The High Court is obligated to uphold Assange’s rights to ‘freedom of expression’ under Article 10 of the European Convention on Human Rights, which protects Assange even if the U.S. courts refuse to do so. The only way to do that is to deny extradition.”
2. The U.K. Extradition Act Forbids Discrimination Based on Nationality
Julian Assange is an Australian citizen who would be tried in the U.S. if the Biden administration’s pursuit of extradition is successful.
Section 81(b) of the U.K. Extradition Act says that extradition is barred for an individual who “might be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his … nationality.”
Due to the centrality of the First Amendment to Assange’s defense, the panel noted, “If he is not permitted to rely on the First Amendment because of his status as a foreign national, he will thereby be prejudiced (potentially very greatly prejudiced) by reason of his nationality.”
3. Extradition Is Barred by Inadequate Death Penalty Protection Required by the Extradition Act
Section 94 of the U.K. Extradition Act says, “The Secretary of State must not order a person’s extradition … if he could be, will be or has been sentenced to death for the offence” in the receiving state. That limitation does not apply if a written “assurance” that is “adequate” says “that a sentence of death- (a) will not be imposed, or (b) will not be carried out (if imposed).”
None of the charges that Assange is currently facing carry the death penalty. But if extradited to the U.S., he could be charged with aiding and abetting treason or espionage, both of which are capital offenses.
Ben Watson KC, secretary of state for the Home Department, admitted that:
a.) The facts alleged against [Assange] could sustain a charge of aiding or abetting treason, or espionage.
b.) If [Assange] is extradited, there is nothing to prevent a charge of aiding or abetting treason, or a charge of espionage, from being added to the indictment.
c.) The death penalty is available on conviction for aiding or abetting treason, or espionage.
d.) There are no arrangements in place to prevent the imposition of the death penalty.
e.) The existing assurance does not explicitly prevent the imposition of the death.
The panel noted that when former President Donald Trump was asked about WikiLeaks publishing the leaked documents, he said, “I think it was disgraceful…. I think there should be like a death penalty or something.” If Trump is reelected, he may seek to ensure that his Justice Department adds capital charges to the indictment.
In concluding that Assange could raise this issue on appeal subject to “satisfactory assurances,” the panel cited “the potential, on the facts, for capital charges to be laid; the calls for the imposition of the death penalty by leading politicians and other public figures; the fact that the Treaty does not preclude extradition for death penalty charges, and the fact that the existing assurance does not explicitly cover the death penalty.”
Appeal Grounds Denied by Panel
Remaining grounds for appeal that Assange requested were denied by the panel. They include prosecution for a political offense, prosecution based on political opinion; violation of right to a fair trial; violation of right to life; and violation of right to be free from torture and inhuman or degrading treatment or punishment. In addition, since no publisher has ever been prosecuted under the Espionage Act for publishing government secrets, Assange could not have known it was a crime.
The panel also ruled that Assange could not introduce new evidence adduced after the magistrate judge’s ruling. This includes a Yahoo News report detailing the CIA’s plan to kidnap and kill Assange when he was living under a grant of asylum in the Ecuadorian Embassy in London.
If the U.S. offers “satisfactory assurances” and extradition is ordered, Assange could appeal to the European Court of Human Rights and raise these additional issues as well.
Meanwhile, there is a possibility that instead of filing “assurances,” the Biden administration will opt to avoid the political pitfalls of Assange’s extradition to the U.S. and offer a plea bargain to end the case.
Marjorie Cohn is professor emerita at Thomas Jefferson School of Law, former president of the National Lawyers Guild, and a member of the national advisory boards of Assange Defense and Veterans For Peace, and the bureau of the International Association of Democratic Lawyers. She is founding dean of the People’s Academy of International Law and the U.S. representative to the continental advisory council of the Association of American Jurists. Her books include Drones and Targeted Killing: Legal, Moral and Geopolitical Issues.
British nuclear site Sellafield to be prosecuted for cybersecurity failures

Alexander Martin, March 29th, 2024, https://therecord.media/sellafield-site-prosecution-nuclear-facility-cybersecurity
The United Kingdom’s independent nuclear safety regulator has announced that it will be prosecuting the company managing the Sellafield nuclear site over “alleged information technology security offenses during a four year period between 2019 and early 2023.”
It is not clear whether senior managers at the state-owned Sellafield Ltd. will face charges. Under the Nuclear Industries Security Regulations 2003, individuals convicted of an offense can face up to two years imprisonment.
“There is no suggestion that public safety has been compromised as a result of these issues,” the regulator announced on Thursday, adding that the decision to begin legal proceedings followed an investigation.
“Details of the first court hearing will be announced when available,” stated the ONR.
Sellafield had previously been the focus of enhanced regulatory attention over its cybersecurity failings, as the U.K. chief nuclear inspector’s annual report revealed last year. At the same time, EDF, the company operating several nuclear power plants in Britain, was placed under similar measures.
As set out in the U.K.’s civil nuclear cybersecurity strategy, the National Cyber Security Centre (NCSC) threat assessment warns that ransomware “almost certainly represents the most likely disruptive threat.”
A ransomware attack on the IT systems used by a nuclear power plant could disrupt its operations, although the industrial systems are designed with multiple failsafes to prevent a radiological accident.
Sellafield’s nuclear reactor was closed in 2003, but the sprawling complex remains the largest nuclear site in Europe, with the ONR describing it as “one of the most complex and hazardous nuclear sites in the world.”
It houses more plutonium — in particular the isotopes created as a byproduct of nuclear reactor operations — than any other location on the planet, alongside a range of facilities for nuclear decommissioning, and waste processing and storage.
It was the location of the country’s worst-ever nuclear accident in 1957, when a reactor caught fire leading to radioactive material spreading in the atmosphere across Britain and Europe.
Cyberattacks targeting the operational technology (OT) systems at power plants are rare, but not unheard of — with the Triton malware discovered in Saudi Arabia in 2017 among the best known and most concerning examples.
It is not known whether the suspected Russian actors behind that attack could have engineered a method to overcome the failsafe mechanisms preventing an explosion.
According to the British government’s National Risk Register, a cyberattack on the computer systems controlling a nuclear reactor could potentially require a controlled shutdown as a protective measure, although there is not a major concern about them causing any radiological discharge.
As Sellafield no longer has an operational nuclear reactor, it is not clear what damage a cyber incident at the facility could cause.
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