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Hamas Chief on Israel’s Decline

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Today's Stories

January 8, 2009

Jean Bricmont /
Diana Johnstone
Gaza Seen From Paris

January 7, 2009

Saree Makdisi
What Kind of Security Will This Barbarism Bring Israel?

Franklin Lamb
Bend Over Professor Dershowitz, It's Time for Your Check Up

William Blum
America's Other Glorious War

Belén Fernández
The Trauma Vortex: Israel's Monopoly on Psychological Suffering

Lawrence Davidson
What is New About Gaza?

Allan Nairn
Adm. Dennis Blair and the Church Killings in East Timor

Jonathan Cook
What is Israel's Objective?

Muhammad Idrees Ahmad
Watching the War on BBC

Deepak Tripathi
Bush, as He Leaves

Cal Winslow
Now is the Hour to Defend Democracy in the Labor Movement!

Manuel Garcia, Jr.
To Students Planning Careers: Be Mindful

Dr. Hannah Safran
No More Recycled Military Solutions

Website of the Day
CNN: Israel Broke the Ceasefire First

January 6, 2009

Pam Martens
It's All One Big Lie

Victoria Buch
Real Estate War in Gaza: the History and "Morals" of Ethnic Cleansing

Neve Gordon
Israel's New War Ethic

Tami Sarfatti /
Yonatan Mendel

What Silence Says: Gaza is Still Waiting on Obama

Mike Whitney
The Gaza Bloodbath

Alan Farago
After the Fall

Gary Leupp
A Hamas Coup d'Etat in 2007?

Larry Everest
Silent Partner: the US-Backed War on Gaza

Ron Jacobs
The New Iraqi Sovereignty

David Macaray
Union-Busting is Alive and Well

Stephanie Basile
Where's Anna's Money?

Stacey Warde
An Uncle's Unrest

Website of the Day
Israeli Refusenik on Gaza

January 5, 2009

Paul Craig Roberts
Will There be a Recovery?

Sousan Hammad
Phoning Home to Gaza

Wajahat Ali
Flying While Brown

Mats Svensson
Longing in Gaza

Jen Marlowe
Abeer's Baby

Muhammad Ali Khalidi
Gaza Phone Tag

Brian Cloughley
Israel is Immune From Criticism

Faheem Hussain
Gaza and India: a View From Pakistan

William Cook
Consider the Realities of Gaza

Dr. Trudy Bond
The Madness Among Us

Christopher Ketcham
The Revenge of the Blogger at the National Press Club: a Rotten Washington Interlude

Steve Early
Who Rules SEIU?

Dave Lindorff
When It Comes to Terrorism and POW Cases, Equal Justice Under Law is a Joke

Website of the Day
The Endangered Fish of the Colorado River Basin

January 2 - 4, 2009

Alexander Cockburn
Diary of 2008: an Incredible, Hope-Filled Year

Uri Avnery
Molten Lead in Gaza

Jonathan Cook
The Real Goal of the Gaza Assault

Paul Craig Roberts
Whatever Happened to Western Morality?

Brian Eno
Stealing Gaza: an Experiment in Provocation

Ralph Nader
America Must Stop Shirking Its Responsibility on Gaza

Omar Barghouti
UN Complicity in Israel's Massacre in Gaza

Graham Usher
Where Pakistan's Generals and the ISI Draw Their Lines

P. Sainath
The Economy is Worse Than It Appears

Belén Fernández
Pardon Our Dust: Israel's PR Campaign for Gaza

Deb Reich
Shiv'a in Gaza, December 2008

Gary Leupp
Defacing Mr. Jefferson's Wall: Preachers and the Inauguration

Michael Yates
Top Chef or Top Wage Thief? Tom Colicchio and the Economics of Restaurants

Joanne Mariner
How to Close Guantánamo

Seth Sandronsky
Funding the Israeli Military: the US Pipeline

Cynthia McKinney
We Lived to Tell the Story

Sonja Karkar
Israel's Dogs of War

Deepak Tripathi
Gaza in Perspective

Robert Fantina
Obama, Afghanistan and Israel

John Ross
The Year No One Can Remember

Norm Kent
The Heat on Duval Street: Why Head Shop Raids are Unfair and Unjust

Larry Portis
Syria and the Arab Barbie Doll--Before the Deluge

Richard Rhames
Is Conscience Dead?

Dee C. Lubell
We Come From the Sun: Zora Neale Hurston and Richard Wright

David Yearsley
A Gay German at the Courts of the Medici and Hanover, and of Course the BBC

Lorenzo Wolff
Joe Ely, the Fighting Rooster of Rock

Marc Catone
Looting Lennon's Legacy

Poets' Basement
Five Poems by Grzegorz Wróblewski

Website of the Weekend
Earth in High Rez

 

January 1, 2008

Jennifer Loewenstein
If Hamas Did Not Exist

Oren Ben-Dor
The Self-Defense of Suicide

Wajahat Ali
The U.S. Response to the Gaza Crisis: Unfair and Unbalanced

Saul Landau
In Cuba No One Man Could Steal $50 Billion From Other People

David Michael Green
What to Expect While We're Expecting

Website of the Day
Morbid Anatomy

December 31, 2008

Pam Martens
Wall Street's Collapse and the Ownership Society

Neve Gordon /
Jeff Halper

Where's the Academic Outrage Over the Bombing of a University in Gaza?

Ted Honderich
The First Casualty of Israel's War

Brian Cloughley
Five Little Girls on a Sofa: Gaza's One-Sided Images

Ron Jacobs
What is Hamas, Really?

Vijay Prashad
Hot Rod and His Sikh Warrior: Blago's Indian Connections

Franklin Lamb
Mr. Mubarak, Tear Down That Wall!

Mike Whitney
My Brilliant Career

David Macaray
What Really Killed the Auto Bailout

Richard Thieme
The Betrayal of the Commons

Mary Lynn Cramer
Who Wins What in Gaza?

Stephen Lendman
The Troubling Case of the Fort Dix Five

Worthy Group of the Day
Western Shoshone Defense Project

December 30, 2008

Paul Craig Roberts
May We No Longer Be Silent

Tariq Ali
The Gaza Ghetto and Western Cant

Robert Bryce
The $775,000-a-Year GI

Jonathan Cook
Electioneering with Bombs

Gary Leupp
The Fishbarrel War

Dave Lindorff
Tough Guys Don't Walk: Will Cheney Seek a Pardon?

Brian McKenna
Ted Downing and Troublemaker Anthropology

John Walsh
The End of the Green Party

Ramzy Baroud
Gaza and the World

Bob Sommer
The Education of David Frost

Worthy Activist of the Day
Support Marie Mason

 

December 29, 2008

Jennifer Loewenstein
Israel's Attempted Endgame in Gaza

Neve Gordon
What, Exactly, is Israel's Mission?

Joshua Frank
Obama and the "Special Relationship"

George Salzman /
Manuel Garcia, Jr.

The War Against Palestine: Exception From Humanity

Norman Solomon
A Hundred Eyes for an Eye

Ewa Jasiewicz
Gaza Today: "This is Just the Beginning"

Rob Larson
The Banks Laugh All the Way to the Bank

Kenneth Libby
Arne Duncan's Dark Years in Chicago

Robert Weissman
The 10 Worst Corporations of 2008

Elsa Johnson
High Noon at Black Mesa: Bush's Farewell Gift to Peabody Coal

Nicola Nasser
Resolution 1850: Bush's Parting Gift

Belén Fernández
Hanukkah Games

Worthy Group of the Day
Nuclear Information and Resource Service

December 26-28, 2008

Alexander Cockburn
The Medusa's Head

Dr Eyad Al Serraj
The Boming of Gaza: "An Earthquake on Top of Your Head"

Jeffrey St. Clair
Cancerous Air

Bradley Simpson
Obama's New Intel Chief, Dennis Blair, Ran Interference for Indonesia's Butchers

Ralph Nader
Government Without Laws

Gary Leupp
Obama and the Graveyard of Empires

Ellen Cantarow
Richard Falk, Israel and the NYT

Matt Landon
The Great Coal Ash Flood
: a Report From Swan Pond Road

David Macaray
SAG's Terrible Dilemma

Patrick Bond
End of Neoliberalism? Sorry, Not Yet

Norm Kent
Invoking Bigotry: Obama and Rick Warren

Brian T. Ketcham
Fuel Efficiency is Easy--Just Don't Let Detroit Tell You How to Do It

Rannie Amiri
War Clouds Over Gaza

Larry Portis
Changing the Ethnic Vocabulary

Richard Rhames
Welcome to Soup Kitchen America

Stephen Lendman
29 Red Flags: Early Suspicions About Bernard Madoff

James L. Secor
Unheralded Coup

Ramzy Baroud
Iraq, the Plot Thickens

Harold Pinter
Art, Truth and Politics: the Nobel Lecture

Cpt. Paul Watson
Tracking the Cetacean Death Star

Howard Lisnoff
Nixon's Cambodian Shock Treatment

Michael Dee
The Bill of Rights, Killed in Action by the War on Drugs

Steve Conn
Eight Predictions for 2009

Poets' Basement
Valentine, Kaung, Moser and Graham

Worthy Group of the Weekend
United Mountain Defense

December 25, 2008

Judy Gumbo Albert
What Were Those 1960s Terrorists Thinking, Anyway?

Rev. William E. Alberts
The Sole of Christmas

Hannah Mermelstein
Caution: Settlers Ahead

Worthy Group of the Day
Citizens' Coal Council

December 24, 2008

Bill Quigley
Five Bailout Lessons From Katrina

Saul Landau
Then and Now: Venezuela and Cuba, 1960-2008

Sam Smith
Evangelism and Politics

Brian Cloughley
Torture, Slaughter and Lies

John Ross
Where's al-Zaidi's Pulitzer?

Eric Walberg
Cold War Shivers

Norm Kent
What Will Obama Do About Marijuana?

Stephen Martin
Reasons for Cheerfulness

Worthy Group of the Day
Collateral Repair Project

December 23, 2008

Michael Hudson
The Ponzi Paradigm

Michael Yates
The Tombstone Economy

Chuck Spinney
The New York Times Flames Out in Defense Dogfight

Vijay Prashad
India's Reckless Road to Washington, Through Tel Aviv

Brian Horejsi
Interior Decorating: Obama, Salazar and the Future of America's Public Lands

David Macaray
Obama's Best Pick?

Neil Watkins /
Sarah Anderson
Ecuador's Conscientious Default

David Michael Green
Hey, Reagan Democrats! Now Do You Get It?

Worthy Group of the Day
Focus on the Corporation

December 22, 2008

Pam Martens
Madoff's Money Trail Leads to Washington

Gary Leupp
Base Alienation: Obama's Team of Rivals

Mike Whitney
Bail Out the Economy? More Pay is the Only Way

Karl Grossman
Lost in Space: NASA at 50

Niall Meehan
Conor Cruise O'Brien: Historian, Politician, Censor

Steve Conn
Where Would Larry Summers Dump the Guantanamo Mess?

Uri Avnery
Israeli Elections: Spot the Difference

Corey D. B. Walker
The Politics of Freedom

David Swanson
The Purloined Constitution

Worthy Group of the Day
Socialist Worker

December 19 - 21, 2008

Alexander Cockburn
An Ethnic Cleansing in America

Jeffrey St. Clair
Salazar and the Tragedy of the Common Ground

Paul Craig Roberts
Country Without Mercy

Patrick Cockburn
The Baathist "Coup Plot"

Felice Pace
Green Myopia: Obama's Appointments Reveal What's Wrong with the Environmental Movement

Diane Farsetta
The Pentagon's PR Slush Fund

George Ciccariello-Maher
By the Time I Get to Arizona: ICE Raids and Resistance in Flagstaff

Eric Bergoust
Extinct Lifestyles: Redefining Prosperity

Marjorie Cohn
Torture Without Regrets: Cheney's Unrepentent Confession

Stan Cox
Clothes and Commentaries That Don't Fit

Michael Donnelly
Clinton III: Continuity We Can Believe In

Robert Weissman
The Auto Bailout

Ralph Nader
Excluded Democracy: Scholastic and the Two Party System

Alan Farago
Shock and Awe Economics

Sam Smith
Not All Public Work is the Same

Timothy G. Hermach
What Happened on the Way to the Inauguration?

Seth Sandronsky
Who's Not Getting By and Why

Rannie Amiri
All Quiet on the Gazan Shore

David Yearsley
Bach as Jihadi

Martha Rosenberg
Wyeth's Pay-to-Play

Dave Lindorff
White House Lied About Iraqi Yellowcake Buy (But That's Not the Biggest Scandal)

Christopher Brauchli
Weekend at Bernie's: the Confinement of Mr. Madoff

Missy Beattie
President Meathead

Richard Rhames
Corporatizing the Kids

Stephen Martin
Full-Spectrum Dominance of the Big Lie

Paul Krassner
Milk and Twinkies

Lorenzo Wolff
Does Coldplay Give a Shit Anymore?

Poets' Basement
Kathwari, Halling and Payne

Worthy Group of the Weekend
Heartwood

December 18, 2008

Phillip Doe
The Man in the Hat: Salazar and the Status Quo

Ronnie Cummins
Vilsack: Another Shill for Monsanto

Jesse Sharkey
No School Left Unsold: Arne Duncan's Privatization Agenda

Saul Landau
Postcard from Venezuela

Peter Morici
What's Next for the Fed?

Dave Lindorff
Prosecuting Bush and Cheney for Torture

Panos Petrou
Days of Rage in Greece

Jeff Cohen /
Norman Solomon

The 2008 P.U.-litzer Prizes: the Stinkiest Media Performances of the Year

Worthy Group of the Day
Organic Consumer Alliance

December 17, 2008

Peter Lee
Pushing Pakistan Over the Edge

Conn Hallinan
Angels and Demons in Mumbai

Mike Whitney
Bernanke's Fatal Flaw

Jeff Halper
Obama and the Israel-Palestine Conflict

Alan Farago
The Audacity of Parkland

Peter Morici
The Big Hole

Norm Kent
Obama Lights Up

Col. Douglas MacGregor
The Price of Expediency

Margaret Kimberley
Blacks and Gay Rights

Ron Jacobs
The Myth of the Good Guy: Waiting on a President to Do the Right Thing

Worthy Group of the Day
Campaign to End the Death Penalty

December 16, 2008

Vicente Navarro
A Forgotten Genocide: the Case of Spain

Patrick Cockburn
Each Shoe was Worth a Thousand Words

Thomas Michael Power
Back to the Pump: an Economic and Environmental Dead End

Jason Hribal
Orangutans, Resistance and the Zoo: the Story of Ken Allen and Kumang

Farzana Versey
Straw Warriors and the Pantomime of Patriotism

Wajahat Ali /
Ahmed Rashid

Indian Muslims: Defining Their Loyalty

Mats Svensson
The Order to Destroy has been Given

Paul Fitzgerald /
Elizabeth Gould

Mumbai Terror's Afghan Roots

David Macaray
Workplace Violence and Termination Etiquette

Howard Lisnoff
Left Control of Academia? The Case of William Felkner

Worthy Group of the Day
AWR: the Last, Best Hope for Saving the Big Wild

December 15, 2008

Andy Worthington
Hit Me Baby One More Time: a History of Music Torture in War on Terror

Franklin Lamb
Why Hezbollah Stiffed Carter

Karl Grossman
Dr. Chu's Nuclear Prescription

Brian Cloughley
Land of the Free (To Torture and Imprison Without Trial)

Mary Lynn Cramer
Stiglitz's Foolishly Flawed Morality

Steve Early
From Nicky Pockets to Blago: Why Pay-to-Play is Bad for Labor

Thomas Christie
Pentagon Train Wreck Awaits Obama

Ken Paff
Remembering Ron Carey: a Great Labor Leader

Niranjan Ramakrishnan
What is India to Do?

Dave Lindorff
A Hero of Our Time: Muntadar al-Zaidi

Alan Farago
The Artless Dodger

Worthy Group of the Day
Davis-Putter Scholarship Fund

December 12 / 14, 2008

Alexander Cockburn
Hail to Chicago, Beacon of American Values

Michael Hudson /
Jeffrey Sommers

The End of the Washington Consensus

David Price
The Leaky Ship of Human Terrain Systems

Jeffrey St. Clair
Nukes Up the Hudson

Frank Barat
An Israeli in Gaza: an Interview with Jeff Halper

John Ross
Writing a Thesis in Blood

Binoy Kampmark
Humanitarian Imperialism: Obama and the Genocide Task Force

David Macaray
Killing the Auto Bailout: a Dagger to the Heart of Organized Labor

Ralph Nader
Antidotes to Plunder: a Holiday Reading List

Eamonn Fingleton
Whatever Happened to Iris Chang?

Lawrence Velvel
Why Blagojevich Might Be Acquitted

Behzad Yaghmaian
The Housing Crisis: a Timebomb China Can't Defuse

Sam Husseini
Putting the Pro in Protest

Tom Barry
Incentives to Detain: How Immigrants Drive Prison Profits

Howard Lisnoff
Why I Went to Jail

Laura Carlsen
Mexico's Immigration Problem

Raj Patel
The WTO and Other Fairy Tales

Ron Jacobs
The Manufacturing of History

Paul Watson
Risky Business Down Under

David Yearsley
They Also Serve Who Only Pull or Tread

Lorenzo Wolff
So You Want Be a Rock 'n' Roll Star...

Kim Nicolini
Finally, a Vampire Movie You Can Sink Your Teeth Into

Susie Day
Proposition 1984: the Problem with Heterosexuals

Poets' Basement
Gibbons, Lerch and Crete

Worthy Group of the Weekend
Energy Justice

December 11, 2008

Patrick Cockburn
Total Defeat for U.S. in Iraq

P. Sainath
After Mumbai

Vicken Cheterian
The Zarqawi Generation

Ray McGovern
Will Obama Buy Torture-Lite?

Dedrick Muhammad
Post-Racial Racism at the Post: the Undying Obsession with Black Family Values

Lee Sustar
Victory at Republic

Peter Morici
The Big Drag

Ayesha Ijaz Khan
Must They Hate Us So?

George Wuerthner
Another Subsidy to Big Timber?

Christopher Brauchli
Mr. Berg's Strange Obsession

Worthy Group of the Day
Animal Balance

December 10, 2008

Ismael Hossein-Zadeh
Whose Interests Will Shape Obama's Change?

Mary Lynn Cramer
The Multi-Trillion Dollar Question

Manuel Garcia, Jr.
Nuclear Weapons Obsolescence

Joshua Frank
Breaking the Stranglehold on Middle East News Coverage

Jack Ely
Stop Sobbing About Free Music Downloads: a Message to the Music Industry from the Lead Singer of the Kingsmen

Steve Conn
An Obama Public Works Program?

Lee Sustar
Republic Workers Target Bank of America

Glen Ford
The Die is Cast

Stephen Lendman
The Persecution of Syed Fahad Hashmi

Nadia Hijab
The Face of America

Dave Lindorff
We All Need a Union

Website of the Day
This One's For You, Senator Dodd

December 9, 2008

Mike Whitney
Card Check

Fawzia Afzal-Khan
Us vs. Them

Ghada Karmi
The UN Resolution That Time Forgot

Dave Lindorff
A Car Dealer Explains Why the Bailout is a Raw Deal

Steve Breyman
Notes on a Green Economy: Managing Stuff in the 21st Century

Lee Sustar /
Nicole Colson

Raising the Stakes at Republic

Rev. William E. Alberts
God of Our Fathers

Martha Rosenberg
Bill Richardson: Secretary of Bloodsports

Sam Husseini
How Holbrooke Lied His Way Into a War

David Macaray
The UAW in Peril

Website of the Day
This Toxic Life

December 8, 2008

Steve Early
Is Obama Backing Off a Crucial Pledge to Labor?

Michael Hudson
Obama's Favoritism: Wall Street, Not the Auto Industry

Patrick Cockburn
Talking to a Lashkar Militant

Diane Farsetta
An Officer and a Conflicted Man: McCaffery, the Pentagon and Fleishman-Hillard

Paul Craig Roberts
Chapters in Imperial Hypocrisy

Daniel Gross
The Chicago Sit-Down Strike

Saul Landau
To Bail or Not to Bail?

Harvey Wasserman
Why John Bryson is Unfit for Energy Secretary

Mike Ferner
The New Generation of "Non-Lethal" Weapons

Norman Solomon
The Silent Winter of Escalation

David Michael Green
The Other Foot

Website of the Day
The Remains of Detroit

 

December 5 / 7, 2008

Alexander Cockburn
Honeymoans From the Left

Brian Cloughley
Shambles in Afghanistan

Paul Craig Roberts
Muslim Revolution: How Washington Arrogance Helped Drive the Mumbai Attacks

Liaquat Ali Khan
Mumbai and the Kashmir Tinderbox

Farzana Versey
Mumbai's Charge of the Lightweight Brigade

Peter Lee
Pakistan Nears the Breaking Point

Peter Morici
Slouching Toward a Depression?

Ralph Nader /
Toby Heaps

Junk Cap-and-Trade

Yinon Cohen /
Neve Gordon
Obama Could End the Israeli-Palestinian Conflict: Will He Meet the Challenge?

Wajahat Ali
Perverse Justice: the Holy Land Foundation Convictions

Johnny Barber
Aswad's Story: Illegal Detention and the Declaration of Human Rights

Alan Farago
Fallout from the Pass-Through Economy

Jeremy Scahill
Obama Doesn't Plan to End Occupation of Iraq

Mike Whitney
Powergrab in Ottawa

Ranjit Hoskote
Jahiliyya Versus Jihad

Carl Finamore
Thank God I'm an Atheist! (Or Boy is Bill O'Reilly in for a Big Surprise)

Marjorie Cohn
Obama and Women's Rights

Norm Kent
Tommy Chong, the Unanticipated Warrior

Missy Beattie
What Lies Ahead

Binoy Kampmark
Committing Suicide On-Line: the Briggs Case

David Macaray
The Best and the Brightest Redux: Too Many Brains, Not Enough Humility

Nancy Stohlman
Relational Activism

Ron Jacobs
Irreverent Politics Then and Now

David Yearsley
Thematics From the Golden Past

Lorenzo Wolff
Troubled Songs of Home and War

Poets' Basement
Orloski: The Door Opener

Website of the Weekend
In Prison My Whole Life

December 4, 2008

Ece Temelkuran
Inside the Ergenekon Case

Ralph Nader
Turning Crisis into Opportunity: Who Will Seize the Moment?

Harry Browne
The Bush-Obama National Security Strategy

Eamonn Fingleton
The American Car Industry: a Riposte to the Knockers

Conn Hallinan
The Syria Attack

Mike Whitney
Fiasco in Somalia: Another CIA Cock-Up

Stewart J. Lawrence
Obama and Latinos: Richardson, Alone, is Not Enough

Paul Fitzgerald /
Elizabeth Gould

Message to Obama: Stop Killing Afghanis

Karyn Strickler
Show Us the Green, Before We Show You the Money

Jennifer Matsui
Obama-Cola: the Great National Temperance Beverage

Website of the Day
"He Ain't Got Laid in a Month of Sundays..."

December 3, 2008

Andrew Cockburn
What's Wrong with the U.S. Military

Sheldon Rampton
Mormon Homophobia: Up Close and Personal

Robert Weissman
Nationalize GM

Yifat Susskind
From Mumbai to Washington

William Blum
The Obama Bummer: Vote First, Ask Questions Later

Alan Singer
The Ghost of the Defunct Economist

David Macaray
Trampled Under Foot at Wal-Mart

Martha Rosenberg
Born With a Statin Deficiency? Line Forms to the Left!

Mats Svensson
The Crimes Have No Period of Limitations

Website of the Day
Why Bill Richardson's Nomination Should be Opposed

December 2, 2008

Jeremy Scahill
Obama's Kettle of Hawks

Paul Craig Roberts
The New Arms Race

Ayesha Ijaz Khan
The Mumbai Terror Attacks: Is Pakistan to Blame?

Sarah Anderson /
John Cavanagh

Skewed Priorities: How the Bailout Dwarfs Spending on Other Global Crises

William Blum
The Mythology of the War on Terrorism

John Ross
Mexico's Drug War Goes Down in Flames

Dave Lindorff
A Tale of Two Terror Attacks

Nicola Nasser
A Peace Process That Makes Peace Impossible

Steve Conn
Operation Redskin Removal

Robert Bryce
Coal Hard Facts

Website of the Day
Country, Funk, Soul

December 1, 2008

Patrick Cockburn
From Baghdad to Mumbai, by Way of Pakistan

Damien Millet /
Eric Toussaint

Obama's Economic Team: Records of Failure

Vijay Prashad
The Fires in South Asia

Deepak Tripathi
Obama's Foreign Crises

Joshua Frank
Madam Secretary Clinton and the Middle East

P. Sainath
The Unlikely Martyrdom of Free Market Jihad

Alan Farago
The Right's War on Regulators

Binoy Kampmark
Sydney's Ball and Chain

Chris Genovali
Silent Fall

David Michael Green
Hope You Die Before You Get Old

Stephen Martin
The Chinese are Coming, the Chinese are Coming!

Website of the Day
Robert Rubin: Coward, Liar or Both?

November 28-30, 2008

Alexander Cockburn
In Time of Trouble

Mike Whitney
The Obama "Dream Team": Rubin Clones and Other Fakers

Ted Honderich
What is the Meaning of Obama's Election?

Tom Kerr
Preserving Filthy Lucre (Or Becoming My Dad)

Mike Ely
The Conquest of New England

David Yearsley
Hymns of the Conquest

Deepak Tripathi
Uproar in Police-State Britain

Sonja Karkar
Gaza's Death Throes

Ramzy Baroud
Salvation in a News Broadcast

Robert Weitzel
Israel's Settlement on Capitol Hill

Robert Roth
Can We Create a Movement for Change?

Carlos Fierro
Obama and the End of Racism?

David Macaray
How to Kill a Union

David Rosen
A New Sexual Agenda

James Cockcroft
Indigenous People Rising

Stan Cox
The Most Disappointing Gift

Steve Conn
Talking Turkey About College Basketball

Stephen Martin
The Electromagnetic Pulse and Economic Warfare

Richard Rhames
Busty Bimbettes, Bombs and Brand Obama

Kim Nicolini
Women as Products and Cannibalistic Achievers

Lorenzo Wolff
A Battle Cry for the Confused and Vulnerable

Poets' Basement
Woods, Harrison and Corseri

 

 

 

 

January 8, 2009

The Dershowitz Check-Up Continues

How the Nutty Professor Misstates, Misrepresents and Misapplies the Law

By FRANKLIN LAMB

Beirut.

"There is no structure of an occupation that endured for decades and involved this kind of oppressive circumstances. The magnitude, the deliberateness, the violations of international humanitarian law, the impact on the health, lives and survival and the overall conditions warrant the characterization of a crime against humanity. This occupation is the direct intention by the Israeli military and civilian authorities. They are responsible and should be held accountable."

-- Professor Richard Falk, United Nations Special Rapporteur for Human Rights in the Occupied Territories

In the minds of some of his colleagues, and a law student reporter at the Harvard Law Record, Professor Alan Dershowitz's unique views of Israel's obligations under international law are reflected in the "private legal memoranda" that he churns out  from time to time in his moonlighting job as "Of Counsel to the Government of Israel". In this role, as one of his former students explained, Harvard's Nutty Professor advises Israel "how to appear to be acting legally to the eyes of the American public".

One recent bit of international legal advice that Dershowitz is said to be particularly proud of is his recent Memorandum regarding the current 'Legal Standard' identifying those who the Israeli Defense Force (IDF) can 'legally' target in Gaza. These days one can witness his opus mini being read word for word off a cue card by IDF spokesman, Benjamin Rutland.https://peoplesgeography.wordpress.com/wp-includes/js/tinymce/plugins/wordpress/img/trans.gif

Mr. Rutland, speaking on  January 3, 2009 to FOX TV by video-link, read to the interviewer,

"Our definition of who we can legally target is that it can be anyone, I repeat, anyone, who is involved in any way, as the Government of Israel shall determine, with terrorism or who supports Hamas, in any qualitative way. That person obviously becomes a lawful target. This ranges from the strictly military institutions and includes the political institutions that provide the logistical funding and human resources for the terrorist arm of Hamas."

The extremely broad scope of the IDF's new 'legal standard' would appear to mean that Israel can now legally kill anyone in Gaza including the 48 civilians seeking shelter in UNWRA's Fakhura girls elementary school or the three members of the Al-Sultan family, 15 hours earlier, as they emerged from the toilets in the courtyard of Asma school, in the Shati refugee camp north of Gaza City.
Philippe Sands, Professor of International Law, University College London notes, "Once you extend the definition of combatants in the way that IDF is doing and associate individuals who are only indirectly or peripherally involved, it becomes an open-ended definition, which undermines the very object and purpose of the rules that are intended to be applied."

As chance would have it, Mr. Rutland turned out to be the same IDF spokesman who asserted, on the evening of  January 6, 2009 that "beyond any doubt militants fired mortars from inside the UN school compound thereby completely justifying the IDF returning fire on the school".

But Mr. Rutland and the IDF cooked their 'court filing' by offering phony footage. Huge mistake. Given that the international press is barred from Gaza, with the exception that on  January 7, 2009, the IDF did allow three chosen 'embedded journalists' to join them, the IDF apparently thought they could foist off some old file footage from nearly two years ago which Mr. Rutland claimed showed militants in the school compound and carrying what may have been military equipment.

Immediately the UN cried 'Hoax!" and Chris Gunness, a spokesman for the United Nations Relief and Works Agency (UNRWA) expressed outrage as he disclosed that the 'demonstrative evidence' "was from 2007 video and bears no connection to Tuesday's military strike on the school".

On the morning of  January 7, 2009, after a UN investigation, UNRWA announced that "we're 99.9% sure that no militants were at the Fakhura girl's elementary school." The agency questioned survivors, including UNRWA staff that run the school under U.N. auspices and "who knew virtually all of the civilians who were seeking shelter form Israeli bombs and shelling."

Mr. Gunness, at a press conference on the afternoon,  January 7,  broadcast by Press TV requested that the IDF or anyone with relevant information, to please submit the evidence so that it might help the UN with a resolution of the "point one percent remaining doubt".

Gunness also stated that UNRWA gave the IDF the coordinates of all of the 23 schools that are serving as refuges for the 14,000 people nearby forced to flee their homes. While Mr. Gunness is far too polite to say so, each of the schools hit on Tuesday housed about 400 people seeking shelter from American-gifted planes, bombs, artillery shells, missiles and perhaps yet to be proven, internationally banned White Phosphorus, in the service of Israel.

Law Checks

In his January 2, 2009 article in the Wall Street Journal entitled 'Israel's Policy Is Perfectly Proportionate', Professor Alan Dershowitz defends Israel's operation "Molten Lead" in Gaza and while doing so consistently misstates and misapplies the Principles, Standards and Rules of International Law as well as their moral underpinnings.

Alan Dershowitz:

"Israel's actions in Gaza are justified under international law, and Israel should be commended for its self-defense against terrorism. Article 51 of the United Nations Charter reserves to every nation the right to engage in self-defense against armed attacks. The only limitation international law places on a democracy are that its actions must satisfy the principle of proportionality."

Law Check:

Leaving aside Dershowitz's misapplication of the term 'terrorism', the fact is that Article 51 of the UN Charter was drafted with Nazi Germany in mind and to support those who have the full right, duty, and backing of International law to resist illegal occupation. Article 51 is to be employed precisely to encourage resistance to the kind of aggression and invasions Israel has launched for more than 40 years. Article 51, and the international customary law on which it is based, gives Israel's neighbors, both UN members and non-members, the right of self-defense against unlawful Israeli aggressions outlawed by UN Charter Article (2) (4).

Additionally, the legal obligation of Proportionality applies to all States, not just those Dershowitz erroneously asserts i.e. "places on a Democracy" and especially, one could argue, on Apartheid states like Israel and the former regime in South Africa.

Professor Dershowitz refers to the Principle of Proportionality as if this black letter law is some sort of idealistic philosophical abstraction. The Proportionality Standard, or Rule or Law is key to the enforcement of post-World War II international norms of civilized conduct and violation of it creates eligibility for criminal indictment and arrest warrants from the Office of the Prosecutor of International Criminal Court in the Hague.

Alan Dershowitz:

"The claim that Israel has violated the principle of proportionality by killing more Hamas terrorists than the number of Israeli civilians killed by Hamas rockets -- is absurd. First, there is no legal equivalence between the deliberate killing of innocent civilians and the deliberate killings of Hamas combatants".

Law Check:

Few, if anyone at all, have ever made the silly legal claim Professor Dershowitz floats. Here he simply employs a legal fiction 'red herring' and erects a 'straw man' to offer a spurious argument on Israelis' behalf.

Proportionality does not require numerical equivalence but contrary to what Dershowitz implies, it clearly does not allow countless killings of civilians to avenge the death or capture of an Israeli soldier. Every Israeli act whether it is ethnic cleansing, occupation, massacre or wanton destruction is consistently portrayed by Professor Dershowitz as perfectly legal, morally just and as a pure act of self-defense reluctantly perpetrated by Israel in its war against the worst kind of human beings imaginable.

Alan Dershowitz:

"Under the laws of war, any number of combatants can be killed to prevent the killing of even one innocent civilian".

Law Check:

This statement is nonsense on its face and totally ignores the key International Law requirements of proportionality and distinguishing combatants from non-combatants. With respect to Gaza, clearly rocket attacks against civilian targets in Israel are unlawful. But that does not give rise to any Israeli right, either as Occupying Power or State, to violate international humanitarian law and commit war crimes or crimes against humanity in a frenzied response as it clearly did in Lebanon in 1978, 1982, 1993, 1996 and 2006 and is currently engaged in with Gaza.

Admittedly, International Humanitarian Law and the Rome Statute permit belligerents to carry out proportionate attacks against military objectives, even when it is known that some civilian deaths or injuries will occur. The crime occurs when there is an intentional attack directed against civilians (principle of distinction) (Article 8(2)(b)(i)) or an attack is launched on a military objective in the reasonable knowledge that the incidental civilian injuries would be excessive in relation to the anticipated military advantage (principle of proportionality) (Article 8(2)(b)(iv). Article 8(2)(b)(iv) criminalizes:
Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;
Article 8(2)(b)(iv) draws on the principles in Article 51(5)(b) of the 1977 Additional Protocol I to the 1949 Geneva Conventions, but restricts the criminal prohibition to cases that are "clearly" excessive.

The application of Article 8(2) (b) (iv) requires, inter alia, an assessment of:

(a) the anticipated civilian damage or injury;
(b) the anticipated military advantage;
(c) and whether (a) was "clearly excessive" in relation to (b).

It's beginning to look a lot like Genocide!

Professor Dershowitz in seeking to exempt Israel from the requirements of International Law has consistently argued that since Israel has not signed the Rome Statute and has not submitted to the jurisdiction of the International Court of Justice in The Hague, that Israel is not bound by the Rome Statute's International Law as noted below. He errs in his interpretation of the Rules of International Law and is quite mistaken that the provisions of the Rome Statute do not apply to Israel.

International Customary Law i.e. legal norms accepted by the vast majority of States, plus the United Nations, are binding on all States, including Israel. The Rome Statute does not make new law like, for example, some contract that Israel would have to sign in order to be bound by it. All states are bound by the law restated in Treaty form in the Rome Statute. Its binding provisions include Article 7 and Article 8 very applicable to the current carnage raging in Gaza.

Given that the Rome Statute imbued the International Criminal Court with 'Universal Jurisdiction' over all people and given further that the Rome Statute rejects Impunity for any person, which Israel has consistently used, for example in US Courts such as the recent Qana Case brought by the New York based Center for Constitutional Rights, Israeli leaders are now bound and can be tried jointly, severally and personally in the Hague. So can George W. Bush and Mohammad Hosni Mubarak even though neither country has yet become a signatory of the Rome Statute.

Article 7 of the Rome Statute, outlaws "a widespread or systematic attack directed against any civilian population', which involves "persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender" grounds ." Such projects, to which Palestinians have been subjected for more than 60 years, constitute a crime against humanity.

What Israel has been doing in Gaza and Palestine comes very close to genocide according to the provisions of the Genocide Convention (1948), reiterated in the Rome Charter of the International Criminal Court (2002), which includes: '(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part' (6). Some of Professor Dershowitz's colleagues consider that the launching of rockets into Israel by Hamas, like the Warsaw ghetto uprising of 1943, constitute a legitimate response to impending extermination and are a desperate bid for survival.

Alan Dershowitz:

"Under international law, Israel is not required to allow Hamas to play Russian roulette with Jewish children's lives".

Law Check:

One of Alan Dershowitz's nemeses, United Nations Special Rapporteur for Human Rights in the Occupied Territories, Professor Richard Falk, accuses Israel of the following indictable crimes in Gaza which are not Russian roulette:

· Collective punishment - the entire 1.5 million people who live in the crowded Gaza Strip are being punished for the actions of a few militants in direct violation of the absolute prohibition of Article 33 of the Geneva Convention.

· Targeting civilians - the airstrikes are aimed at civilian areas in one of the most crowded stretches of land in the world…"

· Disproportionate military response - the airstrikes have not only destroyed every police and security office of Gaza's elected government, but have killed and injured hundreds of civilians.
Other indictable crimes Israel is committing daily in Gaza include intentionally directing attacks against civilian objects, that is, objects which are not military objectives.

Additionally, Professor Dershowitz ignores other violations of International Law by Israel in Gaza which fail to spare the civilian population, including, but not limited to, the following failures to act in accordance with the International Law of Armed Conflict while his "Perfectly Proportionate" judgment, yet again, exonerates Israel:

* Ignoring the prohibition against attacks that target or indiscriminately harm civilians and the requirement to distinguish at all times between civilians and combatants.

* Failure to adhere to the prohibition against disproportionate attacks by not launching any attack that may be expected to cause harm to civilians or damage to civilian objects that would be excessive in relation to the concrete and direct military advantage anticipated.

* Failure to ensure the unhindered movement of medical personnel and ambulances to carry out their duties and of wounded persons to access medical care. Any restrictions on movement for genuine security grounds must be temporary, subject to regular review, and imposed only to the extent absolutely necessary.

* Failure to refrain from using "human shields" and by compelling Palestinian civilians to remain inside homes or other structures taken over by the IDF for military operations.

* Failing to take all necessary steps to ensure that the civilian population has access to sufficient food, medical care, and other essential humanitarian goods and services.

* Failure to allow journalists and humanitarian agencies access to Gaza and ensure that any restrictions on access and movement for genuine security grounds be temporary, subject to regular review, and only imposed to the extent absolutely necessary.

Alan Dershowitz concludes:

"Until the world recognizes that Hamas is committing three war crimes -- targeting Israeli civilians, using Palestinian civilians as human shields, and seeking the destruction of a member state of the United Nations -- and that Israel is acting in self-defense and out of military necessity, the conflict will continue".

Professor Dershowitz's conclusion makes plain his 40-year thesis that Israel is above, and immune from, international law as well as his profound personal lack of respect for post-World War II international legal norms.

As an ultra-Zionist, what he insists is akin to "the law is what I tell you it is! And why can't the World understand that!" While cherry picking, mischaracterizing and misapplying International Law, Professor Dershowitz ignores what every Law School and University teaches on the subject.

Should he spend more time in the Harvard Law School library, and less in TV studios, he would surely learn that an objective application of international legal norms to the conduct of Israel is Gaza would result its leaders being indicted and brought before the International Criminal Court in The Hague.

Franklin Lamb drafted the International Criminal Court submission on behalf of HOKOK, the International Coalition against Impunity, seeking to bring Israel before the Court for International Crimes in Gaza. On January 15, 2009, lawyers from HOKOK will ask the Court to investigate Reports of the use of internationally banned weapons, including White Phosphorus, in Gaza.  Lamb is a former adjunct Professor of international law at Northwestern College of Law in Portland, Oregon. He is currently doing research in Lebanon and can be reached at fplamb@sabrashatila.org

 

 

 

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