Israel’s bombardment of Gaza is not self-defence – it’s a war crime

from the london sunday times via juan cole...

Israel’s bombardment of Gaza is not self-defence – it’s a war crime

ISRAEL has sought to justify its military attacks on Gaza by stating that it amounts to an act of “self-defence” as recognised by Article 51, United Nations Charter. We categorically reject this contention.

The rocket attacks on Israel by Hamas deplorable as they are, do not, in terms of scale and effect amount to an armed attack entitling Israel to rely on self-defence. Under international law self-defence is an act of last resort and is subject to the customary rules of proportionality and necessity.

The killing of almost 800 Palestinians, mostly civilians, and more than 3,000 injuries, accompanied by the destruction of schools, mosques, houses, UN compounds and government buildings, which Israel has a responsibility to protect under the Fourth Geneva Convention, is not commensurate to the deaths caused by Hamas rocket fire.

For 18 months Israel had imposed an unlawful blockade on the coastal strip that brought Gazan society to the brink of collapse. In the three years after Israel’s redeployment from Gaza, 11 Israelis were killed by rocket fire. And yet in 2005-8, according to the UN, the Israeli army killed about 1,250 Palestinians in Gaza, including 222 children. Throughout this time the Gaza Strip remained occupied territory under international law because Israel maintained effective control over it.

Israel’s actions amount to aggression, not self-defence, not least because its assault on Gaza was unnecessary. Israel could have agreed to renew the truce with Hamas. Instead it killed 225 Palestinians on the first day of its attack. As things stand, its invasion and bombardment of Gaza amounts to collective punishment of Gaza’s 1.5m inhabitants contrary to international humanitarian and human rights law. In addition, the blockade of humanitarian relief, the destruction of civilian infrastructure, and preventing access to basic necessities such as food and fuel, are prima facie war crimes.

We condemn the firing of rockets by Hamas into Israel and suicide bombings which are also contrary to international humanitarian law and are war crimes. Israel has a right to take reasonable and proportionate means to protect its civilian population from such attacks. However, the manner and scale of its operations in Gaza amount to an act of aggression and is contrary to international law, notwithstanding the rocket attacks by Hamas.

Ian Brownlie QC, Blackstone Chambers
Mark Muller QC, Bar Human Rights Committee of England and Wales
Michael Mansfield QC and Joel Bennathan QC, Tooks Chambers
Sir Geoffrey Bindman, University College, London
Professor Richard Falk, Princeton University
Professor M Cherif Bassiouni, DePaul University, Chicago
Professor Christine Chinkin, LSE
Professor John B Quigley, Ohio State University
Professor Iain Scobbie and Victor Kattan, School of Oriental and African Studies
Professor Vera Gowlland-Debbas, Graduate Institute of International and Development Studies, Geneva
Professor Said Mahmoudi, Stockholm University
Professor Max du Plessis, University of KwaZulu-Natal, Durban
Professor Bill Bowring, Birkbeck College
Professor Joshua Castellino, Middlesex University
Professor Thomas Skouteris and Professor Michael Kagan, American University of Cairo
Professor Javaid Rehman, Brunel University
Daniel Machover, Chairman, Lawyers for Palestinian Human Rights
Dr Phoebe Okawa, Queen Mary University
John Strawson, University of East London
Dr Nisrine Abiad, British Institute of International and Comparative Law
Dr Michael Kearney, University of York
Dr Shane Darcy, National University of Ireland, Galway
Dr Michelle Burgis, University of St Andrews
Dr Niaz Shah, University of Hull
Liz Davies, Chair, Haldane Society of Socialist Lawyer
Prof Michael Lynk, The University of Western Ontario
Steve Kamlish QC and Michael Topolski QC, Tooks Chambers

since i happen to be sitting here, a mere 15 minutes from the israeli border, i am particularly interested in what's happening in gaza... the jordanians, i can tell you, are watching this with great interest, as well they should...

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The nuclear black market and the myth of so-called U.S. "news"

yes, most everyone reading this blog is fully aware of the sad reality of what passes for "news" in the united states... however, it's always nice to have that truth validated in such an articulate fashion...

Centrism is the philosophy of the American media - and that essentially backs the status quo, when you're a centrist, and this game of objectivity that they play is really limited by parameters that you're allowed to ask questions and to investigate and in a sense then you're transmitting these assumptions, and reinforcing every day that the US is really a functioning democracy...

[...]

The mindset of the American mainstream press does not allow certain ideas to easily filter through: the idea that high-ranking US officials might actually be facilitating this [nuclear black market]... It's entertainment all the time, the presidential campaign is entertainment, and do you actually think that these guys would actually go in there and make changes, whoever wins, when behind this wall of entertainment put forward by news media and the entertainment industry is a murky world of terrorism, nuclear procurement ring, of CIA, of the FBI working - and this rarely breaks through to the mainstream press...

They rarely look at the entire system being rotten, not just one official here or there being rotten, and they pat themselves on the back. And when I say the entire system being rotten, I mean Congress that is enthralled to corporate backers, and approving their aggressive foreign policy that enriches themselves, and does nothing to secure the American people or the interests of most American people. That is not even in the discussion in the mainstream press...

this is part of an interview conducted by scott horton of joseph luria (audio here, full transcript here), one of the london sunday times investigators who is still working on the sibel edmonds story... luke ryland has one of his usual highly informative, thorough posts up on daily kos that captures the whole thing...

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"Sibel Edmonds must be heard"

phil geraldi in the huffpo...

Sibel Edmonds is the FBI translator turned whistleblower who decided to go public late in 2002 and has been seeking to tell her story about high level corruption in the United States government involving Turkey and Israel. What makes her story particularly compelling is that the corruption relates to the theft and sale of United States defense secrets, most particularly nuclear technology. Sibel obtained her information while translating Turkish language telephone intercepts directed against several Turkish lobbying groups who had contact with senior officials in the Bush Administration, both at the Pentagon and in the State Department. Many of the officials involved are apparently the same neoconservatives who cooked the books to enable the rush to war against Iraq and who are continuing to urge more wars in the Middle East, most notably against Iran and Syria. Several of them are close allies of leading Republican presidential candidate John McCain.

To stop Sibel from telling her story, then Attorney General John Ashcroft subjected her to a state secrets privilege gag order after her appearance on CBS's 60 Minutes in October 2002 that not only forbade her providing details of her employment with FBI but also made the ban retroactive so that anything relating to her case would be considered a state secret. Edmonds had been discouraged by her experience with CBS as her most important points wound up on the cutting room floor. Then came the gag order, which she has observed while working assiduously to get bits and pieces of her story out in various ways. In October 2007 she decided to tell all without regard for the consequences, stating that she would provide details of her allegations to any American media outlet that would let her collaborate in the final edit so that her message would not be lost. There were no takers. Last month, The Sunday Times of London decided to pick up her story and has now produced a long feature article called "For Sale: the West's Deadliest Nuclear Secrets" plus two follow-ups. The story was picked up and replayed all over the world, but not by the mainstream media in the United States.

Why should Sibel be heard? Mostly because her story, if true, involves corruption at the highest levels of government coupled with the sale of secrets vital to the security of the United States.

goddam it... will a major u.s. news outlet PLEASE give her a forum...? PLEASE...?

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Sibel Edmonds claims now tied to Valerie Plame and Brewster Jennings

for the third sunday, beginning on january 6 (previous articles here and here), the uk london sunday times continues to not only scoop every u.s. news outlet on the sibel edmonds story, but also to hurl a gale-force wind at the bush house of cards...

AN investigation into the illicit sale of American nuclear secrets was compromised by a senior official in the State Department, a former FBI employee has claimed.

The official is said to have tipped off a foreign contact about a bogus CIA company used to investigate the sale of nuclear secrets.

The firm, Brewster Jennings & Associates, was a front for Valerie Plame, the former CIA agent. Her public outing two years later in 2003 by White House officials became a cause célèbre.

The claims that a State Department official blew the investigation into a nuclear smuggling ring have been made by Sibel Edmonds, 38, a former Turkish language translator in the FBI’s Washington field office.

Edmonds had been employed to translate hundreds of hours of intercepted recordings made during a six-year FBI inquiry into the nuclear smuggling ring.

She has previously told The Sunday Times she heard evidence that foreign intelligence agents had enlisted US officials to acquire a network of moles in sensitive military and nuclear institutions.

Her latest claims relate to a number of intercepted recordings believed to have been made between the summer and autumn of 2001. At that time, foreign agents were actively attempting to acquire the West’s nuclear secrets and technology.

luke ryland, who has been on top of the sibel story for nearly two years, offers this disturbing update on apparent bush administration reaction to the recent media attention...

Significantly, since the Times began this series three weeks ago, the White House has quietly moved to legalize the sale of nuclear technology to Turkey in an apparent attempt to 'Exonerate Neocon Criminals' who have been illegally selling this technology for a decade. Congress has 90 days to block this legislation, otherwise it becomes law. If Turkey wants and deserves nuclear technology, this decision should be made openly and transparently, not the result of stealth decisions made by this administration to hide crimes of senior US officials.

We need public open hearings to determine which officials have been supplying the nuclear black market before this becomes law.

it's more than astounding that our complicit u.s. news media continue to stonewall this story when it's creating tidal waves of reaction everwhere outside the u.s... 'course, look at how long they were able to delay reporting the downing street memo...

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More on Sibel Edmonds: our worthless AND complicit U.S. news media

i've been convinced for some time that there may be nothing more important than getting a full public hearing for sibel edmonds... you can go here to see my efforts...

the real hero, however, is luke ryland... here's his most recent post at let sibel edmonds speak...

The UK's Guardian is running a piece, "US journalists ignore Sunday Times scoop on FBI nuclear scandal," criticizing the US media for not picking up on the latest revelations by their competitor, the UK's Times, in the case of former FBI translator Sibel Edmonds.

The author of the piece is the Guardian's media commentator, Roy Greenslade, a Professor of Journalism and former Managing Editor of the Times. He writes:

It looks to me as though the Sunday Times has landed a genuine world exclusive that should surely have been broken ages ago by US-based reporters.

I agree entirely. Consider what any journalist in the US has known, or should have known, for years.

Sibel's case broke as an espionage story in June 2002 in the Washington Post and an October 2002 CBS' 60 Minutes segment (youtube) where we learnt that foreign operatives had spies working for them in both the Pentagon and the State Department.

Simply following the names and associations of the people known to be involved, any journalist should have been able to piece together the broad outlines of the story simply from public sources.

[...]

Roy Greenslade, Professor of Journalism and the Guardian's media commentator, first notes that the story "should surely have been broken ages ago by US-based reporters" then adds that the latest revelations in the Times's latest series (1, 2):

.. looks to me like a very hot story indeed that should surely have been taken up by mainstream newspapers in the United States

not only is our media a laughingstock in the rest of the world, they're also a huge embarrassment to themselves...

btw, the above is only a small excerpt...

in the full post, luke offers this speculation...

US journalists have been either too lazy, or complicit, to report on anything but the most trivial of Sibel's claims...

[...]

For one reason or other - incompetence or complicity - not a single American journalist followed up on the important issues in the 60 Minutes report and the Washington Post, and we didn't learn about any of this in the US media in 2002. Instead, we are 'learning' it in 2008 from the British press - and still the US media refuses to publish it, which leads me to believe that the American media is not 'incompetent' but rather 'complicit.'

i passed the point of no return on "complicity" quite some time ago, pretty much the same time i came to the conclusion that "incompetence" on the part of the bush administration was nothing but an acceptable myth, helping us avoid the most unpleasant reality that our government is deliberately trying to screw us to the wall...

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Daniel Ellsberg on Sibel Edmonds: "the entire U.S. press has let itself be scooped" and "is participating in a cover-up"

i've been doing my part in keeping the sibel edmonds story visible... you can go here to see my efforts...

today we have daniel ellsberg, writing in the bradblog, courtesy of luke ryland and let sibel edmonds speak...

For the second time in two weeks, the entire U.S. press has let itself be scooped by Rupert Murdoch's London Sunday Times on a dynamite story of criminal activities by corrupt U.S. officials promoting nuclear proliferation. But there is a worse journalistic sin than being scooped, and that is participating in a cover-up of information that demands urgent attention from the public, the U.S. Congress and the courts.

For the last two weeks --- one could say, for years --- the major American media have been guilty of ignoring entirely the allegations of the courageous and highly credible source Sibel Edmonds, quoted in the London Times on January 6, 2008 in a front-page story that was front-page news in much of the rest of the world but was not reported in a single American newspaper or network. It is up to readers to demand that this culpable silent treatment end.

Just as important, there must be pressure by the public on Congressional committee chairpersons, in particular Representative Henry Waxman and Senator Patrick Leahy. Both have been sitting for years on classified, sworn testimony by Edmonds --- as she revealed in the Times' new story on Sunday --- along with documentation, in their possession, confirming parts of her account. Pressure must be brought for them to hold public hearings to investigate her accusations of widespread criminal activities, over several administrations, that endanger national security. They should call for open testimony under oath by Edmonds --- as she has urged for five years --- and by other FBI officials she has named to them, as cited anonymously in the first Times' story.

It's a measure of how far the New York Times and Washington Post have fallen from their responsibilities...since I gave them the Pentagon Papers in 1971. They printed them then. Would they today?

And this is the time for those who have so far creditably leaked to the Times of London to come forward, accepting personal risks, to offer their testimony --- and new documents --- both to the Congress and to the American press. I would say to them: Don't do what I did and waste months of precious time trying to get Congressional committees to act as they should in the absence of journalistic pressure. Do your best to inform the American public directly, first, through the major American media.

here's a youtube of few clips of ellsberg commenting on sibel edmonds as put together by luke...



i will repeat my fervent plea... can we PLEASE get on with getting the truth out and bringing our lawless government down...?

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Sibel Edmonds: FBI cover-up

the hits just keep on comin'...

luke offers up another explosive story from the uk london sunday times about sibel edmonds...

THE FBI has been accused of covering up a key case file detailing evidence against corrupt government officials and their dealings with a network stealing nuclear secrets.

The assertion follows allegations made in The Sunday Times two weeks ago by Sibel Edmonds, an FBI whistleblower, who worked on the agency’s investigation of the network.

Edmonds, a 37-year-old former Turkish language translator, listened into hundreds of sensitive intercepted conversations while based at the agency’s Washington field office.

She says the FBI was investigating a Turkish and Israeli-run network that paid high-ranking American officials to steal nuclear weapons secrets. These were then sold on the international black market to countries such as Pakistan and Saudi Arabia.

One of the documents relating to the case was marked 203A-WF-210023. Last week, however, the FBI responded to a freedom of information request for a file of exactly the same number by claiming that it did not exist. But The Sunday Times has obtained a document signed by an FBI official showing the existence of the file.

Edmonds believes the crucial file is being deliberately covered up by the FBI because its contents are explosive. She accuses the agency of an “outright lie”.

“I can tell you that that file and the operations it refers to did exist from 1996 to February 2002. The file refers to the counterintelligence programme that the Department of Justice has declared to be a state secret to protect sensitive diplomatic relations,” she said.

The freedom of information request had not been initiated by Edmonds. It was made quite separately by an American human rights group called the Liberty Coalition, acting on a tip-off it received from an anonymous correspondent.

The letter says: “You may wish to request pertinent audio tapes and documents under FOIA from the Department of Justice, FBI-HQ and the FBI Washington field office.”

It then makes a series of allegations about the contents of the file – many of which corroborate the information that Edmonds later made public.

cripes... when is this going to blow down the goddam house of cards...? soon...? please...?

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The Sibel Edmonds story is picking up some momentum

every time somebody picks up on the sibel edmonds story, it becomes just a little bit more likely that the truth may eventually hit the mainstream... as i've noted repeatedly, luke ryland has been the prime mover of this effort, but it's gratifying to see the likes of brad friedman, the london sunday times, and now chris floyd weighing in...

This week, the Sunday Times lifted the lid on one of the most important stories of the last quarter-century: how American officials sold nuclear arms technology to illegal proliferators -- including ideological allies of al Qaeda -- in return for bribes and other inducements. This widespread corruption has been protected from exposure by the highest levels of the U.S. government, which has gone to enormous lengths to protect the truth from coming out. The entire planet has been put at grave risk by the greed -- and geopolitical gamesmanship -- that lies behind this criminal enterprise, which actually is even more extensive, and goes back further in time, than the newspaper's remarkable revelations.

The Sunday Times story is based on the evidence provided by former FBI translator Sibel Edmonds, who has been subjected to an unprecedented campaign of state-enforced muzzling by the Bush Administration since she first tried to speak out about the corrupt connections between American officials and foreign agents she discovered when reviewing transcripts associated with the 9/11 investigation. As even the leaders of the whitewashing 9/11 Commission themselves now admit, that investigation was deliberately sabotaged by the Bush Administration – in part to cover up the nuclear proliferation network that has directly or indirectly enriched so many in the American elite over the past decades – including the sitting president of the United States, George W. Bush.

there's a lot more...

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The London Sunday Times picks up on Sibel Edmonds

hot damn... this is GREAT news...! i bet luke is dancing a jig... i started to say that it's amazing that the lead establishment newspaper in the uk is the one to pick up on this when NOT A SINGLE MAJOR NEWS OUTLET IN THE U.S. has done so, but, sadly, i guess it's not really so amazing at all, now is it...?

A WHISTLEBLOWER has made a series of extraordinary claims about how corrupt government officials allowed Pakistan and other states to steal nuclear weapons secrets.

Sibel Edmonds, a 37-year-old former Turkish language translator for the FBI, listened into hundreds of sensitive intercepted conversations while based at the agency’s Washington field office.

She approached The Sunday Times last month after reading about an Al-Qaeda terrorist who had revealed his role in training some of the 9/11 hijackers while he was in Turkey.

Edmonds described how foreign intelligence agents had enlisted the support of US officials to acquire a network of moles in sensitive military and nuclear institutions.

Among the hours of covert tape recordings, she says she heard evidence that one well-known senior official in the US State Department was being paid by Turkish agents in Washington who were selling the information on to black market buyers, including Pakistan.

The name of the official – who has held a series of top government posts – is known to The Sunday Times. He strongly denies the claims.

However, Edmonds said: “He was aiding foreign operatives against US interests by passing them highly classified information, not only from the State Department but also from the Pentagon, in exchange for money, position and political objectives.”

She claims that the FBI was also gathering evidence against senior Pentagon officials – including household names – who were aiding foreign agents.

“If you made public all the information that the FBI have on this case, you will see very high-level people going through criminal trials,” she said.

luke has a recommended-list diary up on kos expanding on this story, and he doesn't hesitate to name the "well-known senior official"...

[H]e is Marc Grossman, former #3 at the State Department, former ambassador to Turkey, and current Vice President at The Cohen Group, the lobbying company run by former Secretary of Defense William Cohen.

the times has a characteristically comprehensive, well-written, and quite lengthy article... you need to go read it all...

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