TFF Associates & Themes Blog

Archive for the ‘International law’ Category

By Jan Oberg

Jan Oberg

Lund, Sweden August 11, 2014

Quality research leads to better predictions

One criteria of quality research is that it predicts the future better than incompetent research.

Because TFF is independent of governments and coroporations it doesn’t have to take political considerations or exclude certain theories, concepts or values. This free research enabled it over the years to make fairly precise predictions about for instance former Yugoslavia, the Iraq war and East-West relations.

In 1998 – 16 years ago – we warned that NATO’s expansion would lead to future problems with Russia. Read it here.

NATO should never have been expanded

We backed this prediction up with 46 arguments and argued that so many other things would be wiser than containing Russia from the Baltic republics to Georgia – a strategy pursued by Bill Clinton in contravention of all promises given to the Soviet Union/Russia at the end of the Cold War about ten years earlier.

That counterproductive and insensitive expansion has now hit Ukraine. A new Cold War is gathering over Europe. It should have been predicted by advisers, intelligence agencies, big research institutes and columnists.

But it wasn’t.

At the end of the Cold War, NATO/the West got everything it could ever wish – and without war. But it wanted more: keeping Russia down, making NATO bigger and “peace-making” as well as finding new enemies to keeping its Military-Industrial-Media-Academic Complex (MIMAC) alive and well: Saddam, Milosevic, the Muslim world, terrorism and – now re-cycling – Russia. Read the rest of this entry »

By TFF’s Board

Lund, Sweden August 6, 2014 – Hiroshima Day

The Nuclear Age – risk of omnicide and our new responsibilities

Nuclear weapons came into the world and were used for the first time in 1945. Their specific feature as weapons of mass destruction and “omnicide” – able to kill us all – has changed what it means to be alive on this earth and to be responsible for its existence.

Until nuclear weapons, human beings could not decide whether or not to end project humankind and project planet earth.

Today we know that the arsenals and missile projection methods are such that a few decision-makers, or a technical malfunction, could blow up enough of the world to make the living – if any – envy the dead.

We live in the Nuclear Age. It means living with the permanent daily threat of extinction. Read the rest of this entry »

By Jan Oberg, TFF director

Jan Oberg

Lund, Sweden July 31, 2014

Responsibility for wars and killing

A number of Western/NATO politicians – Hillary Clinton foremost among them – and media people have recently introduced a new ethical principle in international affairs:

When A delivers weapons to B, A is responsible for what B does with these weapons. The former Secretary of State and perhaps future U.S. President presents this new ethical principle here on CNN.

This makes a lot of sense to me. Look at it this way:

Here is a young confused boy who has little to look forward to – and less to lose – because his country is falling apart in nasty civil war. He’s been told by some commander, or by his President, that he must hate the enemy; he gets paid for killing off as many as he can. And so he does.

He believes also in what he’s been promised: Fame as a hero upon return – that is, if he returns – and a comfortable life.

So he kills people, Read the rest of this entry »

By Richard Falk

Richard Falk

Prefatory Note

The post below is a revised text of an article published in AlJazeera America on July 26, 2014. Devastation and violence has continued in Gaza, with Palestinians deaths now numbering over 1000 (overwhelmingly civilians) and Israeli deaths latest reported at being 43 (almost all military personnel).

The best that the UN has been able to do is to call for an “immediate and unconditional ceasefire” to allow the delivery of humanitarian aid at an emergency meeting of the UN Security Council; such an unseemly balancing act is not what the UN Charter had in mind by aligning the international community in opposition to states that break the peace and act aggressively in disregard of international law; a victimized people deserves protection, not some sort of display of deforming geopolitical symmetry.

So far, the diplomatic effort to end the violence in Gaza has failed miserably, Read the rest of this entry »

By Richard Falk
July 28, 2014

Richard Falk

Prefatory Note
Posted here is a Joint Declaration of 142 (as of now) international law experts from around the world who are listed below as endorsers. I am among the endorsers, and the text was initially drafted by Chantal Meloni who has served as rapporteur.
We welcome additional signatures that can be sent to me at falk@global.ucsb.edu with affiliation noted for identification, and names will be periodically added to the text.
I view this as an important expression of professional judgment and individual conscience relating to Israeli behavior in Gaza commencing on 8 July that has already taken so many innocent lives and caused such widespread devastation. Please join us and spread the word!

The International Community Must End Israel’s Collective Punishment of the Civilian Population in the Gaza Strip

As international and criminal law scholars, human rights defenders, legal experts and individuals who firmly believe in the rule of law and in the necessity for its respect in times of peace and more so in times of war, we feel the intellectual and moral duty to denounce the grave violations, mystification and disrespect of the most basic principles of the laws of armed conflict and of the fundamental human rights of the entire Palestinian population committed during the ongoing Israeli offensive on the Gaza Strip. We also condemn the launch of rockets from the Gaza Strip, as every indiscriminate attack against civilians, regardless of the identity of the perpetrators, is not only illegal under international law but also morally intolerable. However, as also implicitly noted by the UN Human Rights Council in its Resolution of the 23th July 2014, the two parties to the conflict cannot be considered equal, and their actions – once again – appear to be of incomparable magnitude.

Once again it is the unarmed civilian population, the ‘protected persons’ under International humanitarian law (IHL), who is Read the rest of this entry »

By Jake Lynch

Jake Lynch - Photo Jane Dempster. Source: The Australian

“This is not war – it’s a massacre”. The slogan has appeared on placards at demonstrations around the world, calling for an Israeli ceasefire in Gaza. The ‘Dahiya doctrine’, named after the suburb of south Beirut where it was first applied, is in operation: an attempt to turn the population against an armed group – Hamas, in this case – by destroying civilian infrastructure. That is why the civilian death toll – including children – has mounted so rapidly.

Pitted against Israel’s hi-tech killing machine are rockets with all the efficacy of a peashooter. These are indiscriminate by nature, and firing them therefore also constitutes a war crime. It can be of little comfort…

Continue reading at Transcend News Service here.

Here is a background to the case from 2012

By Richard Falk

Richard Falk

Prefatory Note July 17, 2014 written before the ground invasion

This is a modified version of a post published online, July 15, 2014, at the recently established very informative website, Middle East Eye; as the casualty totals continue to mount while the world looks on in stupefied inaction, the attacks go on.

At the very least, from a humanitarian perspective, there should be a global outcry demanding that children, mothers, and those sick and disabled be allowed to leave the Gaza Strip until current hostilities end. Yet this is a gap in international humanitarian law, refugee law, and the moral sensibilities of the combatant states.

• As the hideous Israeli assault on Gaza, named Operation Protective Edge, by the IDF enters its second week, overdue international appeals for a ceasefire fall on deaf ears. The short lived July 15th ceasefire arranged by Sisi’s Egypt had many accompanying signs of bad faith from its inception, including the failure to allow Hamas to participate in the process, insultingly conveying the proposed terms of the ceasefire through public media.

The vague terms depicted, alongside the failure to take any account of Hamas’ previously announced conditions, suggest that this initiative was not a serious effort to end the violence, but rather a clever ploy to regain moral credibility for Israel thereby facilitating the continuation and even intensification of its violent military campaign that was never defensive in conception or execution.

Rather than being a real effort to end the violence, such a ‘ceasefire’ seems best understood as a sophisticated for form of escalation produced by a descent into the lower depths of Israeli hasbara. Such an Israeli tactic was facilitated by the active complicity of the Egyptian government that shares with Israel an undisguised wish to destroy Hamas.

Cairo regards Hamas as an offshoot of the Egyptian Muslim Brotherhood, an organization that has been criminalized and viciously repressed, and has collaborated with Tel Aviv ever since Sisi took over control of the Egyptian government.

Throughout Protective Edge Bibi Netanyahu has been telling the world Read the rest of this entry »

By Jan Oberg

Jan Oberg

July 20, 2014 – 12 days after Israel launched Operation Protective Edge, after Shejaiya and after 400 people on the Palestinian side have been killed.

Some people condemned what they called a planned Serb genocide on Albanians in Kosovo.

Some people were very upset about the siege of Sarajevo. And the massacre at Srebrenica.

Some people believed that the Yugoslav Army occupied Croatia and tried to create a Greater Serbia.

Some people condemned what was then called ethnic cleansing. Read the rest of this entry »

By Farhang Jahanpour

On Friday 27 June, Ukraine’s new president Petro Poroshenko signed a trade and economic pact with the European Union. It was the same deal that his predecessor, Viktor Yanukovych, was prepared to sign in November 2013 provided that he could also maintain economic links with Russia, but he eventually backed out from signing it due to US and EU insistence that he had to choose between the two.

That event led to violent street demonstrations that forced Yanukovych to flee, pushing his troubled country towards upheaval and a virtual civil war.

On Thursday 26 June, President Obama requested $500 million from Congress to train and arm what the White House called “appropriately vetted” members of the Syrian opposition to fight against President Bashar Assad.

This is despite the fact that the insurgents fighting in Syria have morphed into Al-Qaeda-affiliated Jabhat al-Nusra and even into ISIS, the Islamic State in Syria and Sham or greater Syria that has overrun parts of both Syria and Iraq and has been even disowned by Al-Qaeda for being too violent!

A week earlier, during a tour of the Middle East, US Secretary of State John Kerry met with the new Egyptian President, the former Army Chief, General Abdel Fattah el-Sisi, pledging American help and support for his government. Officials accompanying Kerry on the trip told reporters that Washington had quietly restored all but about 78 million dollars of the 650 million dollars of US aid to Egypt earlier this month.

Kerry told reporters in Cairo after meeting Sisi that he was “absolutely confident” that all of the aid would soon be restored. (1) Washington has provided Cairo with an average of about 1.3 million dollars in military aid annually over the past three decades as part of the Camp David Accord signed by the late President Muhammad Anwar Sadat and the late Israeli Prime Minister Menachem Begin at Camp David under President Jimmy Carter.

As it happens, there have been elections in all the three countries in June, and it is useful to study the circumstances surrounding those elections and the West’s reactions to those elections. Read the rest of this entry »

Comments by Hans-C. von Sponeck
Former UN Assistant Secretary General, UN Humanitarian Coordinator for Iraq & TFF Associate

Hearing at the UK House of Commons, London June 10, 2014

Intro
1. HoC/HoL have repeatedly held Iraq hearings as have British NGOs such as CASI (Campaign Against Sanctions on Iraq) and Stop the War Coalition/UK. In Europe these are considered models for responsible public action.

2. My contribution at this hearing is not about the crimes of dictatorship or the details of Iraqi suffering. For both well researched data is available. The objective of my participation is to make two detailed observations about externally-driven Iraq politics during the period 1990-2014.

Observation 1

3. Today’s tragic Iraq reality can only be understood if the additive impact of the years before and the years following the US/UK Governments’ illegal invasion and occupation is fully taken into account. Read the rest of this entry »