October, 30 2009, 04:01pm EDT
For Immediate Release
Contact:
Paige
Cram, Communications Coordinator, 212-679-5100, ext 15, communications@nlg.org
National Lawyers Guild Calls for Urgent Action on Goldstone Recommendations
NEW YORK
The National Lawyers Guild (NLG) calls on the United States not to block
Security Council action on the Goldstone Report concerning war
crimes and possible crimes against humanity committed in Gaza when it votes in
the UN Security Council.
The Goldstone Report recommends
that the Security Council require the Government of Israel to launch
independent investigations "into the serious violations of international
humanitarian and international human rights law reported by the [Goldstone Fact
Finding] Mission
[paragraph 1969a]. The Goldstone Report also recommends that the Security
Council "refer the situation in Gaza
to the Prosecutor of the International Criminal Court" if Israeli
authorities do not initiate "good-faith investigations that are independent
and in conformity with international standards" [paragraph 1969c].
Hamas has agreed to initiate investigation but so farIsrael has refused to launch an
independent, impartial investigation.
Should the U.S. veto Goldstone's
recommendation to refer the situation in Gaza to the International Criminal
Court, allowing the "culture of impunity" identified by Goldstone to
continue, the National Lawyers Guild urges the General Assembly to itself
implement this and other recommendations of the Goldstone Report.
1. The UN General Assembly can do the equivalent
by establishing an Article 22 tribunal to prosecute the perpetrators. Article
22 of the UN Charter provides, "The General Assembly may establish such
subsidiary organs as it deems necessary for the performance of its
functions."
2. Alternatively, the General
Assembly can facilitate prosecution at the International Criminal Court by
adopting a resolution accepting Palestine as a state for the purpose of ICC jurisdiction in that court, a
suggestion made in a July 22, 2009 New York Times op-ed by
John Dugard, a South African professor of
international law who served as a judge on the International Court of Justice,
as a special rapporteur on Human Rights in the Occupied Palestinian Territories
for the former UN Commission on Human Rights, and as a member of the UN
International Law Commission.
3. As recommended in the Goldstone Report
[paragraph 1971a], the General Assembly can also take action under Uniting for
Peace Resolution 377, which states that
"if the Security Council, because of lack of unanimity of the permanent
members, fails to exercise its primary responsibility for the maintenance of
international peace and security. . . the General Assembly shall consider the
matter immediately with a view to making appropriate recommendations to Members
for collective measures. . . to maintain or restore international peace and
security."
Responding to the U.S. opposition
to the Goldstone Report, Navanethem Pillay, the United Nations High Commissioner for Human Rights,
stated, "Accountability for breaches
of international humanitarian law and for human rights violations, as well as
respect for human rights, are not obstacles to peace, but rather the
preconditions on which trust and, ultimately, a durable peace can be
built."
The Goldstone Report recognized the ongoing
blockade of Gaza by Israel and noted that "Israeli
incursions and military operations in the Gaza Strip did not stop after the end
of the military operations of December - January." [paragraph 1915] Action
is especially urgent because the blockade and military incursions continue.
NLG President David Gespass said,
"The current U.S. position is incompatible with any standard of justice.
It is incompatible with President Obama's speech to the UN General Assembly on
September 23, 2009, when he said 'The world must stand together. We must
demonstrate that international law is not an empty promise.' The Israeli
officials who planned and committed the war crimes and crimes against humanity
identified by the United Nations Fact Finding Mission remain in power in Israel to this day, they continue the illegal blockade
of Gaza, and they continue planning and
executing military operations there and in the occupied West
Bank. If the U.S. position prevails the culture of impunity will
continue. The U.S. must not be allowed to obstruct justice. If Israel continues
to refuse to launch an independent investigation, and if action by the UN
Security Council is blocked by a U.S. veto, the UN General Assembly should act.
Justice delayed is justice denied."
The National Lawyers Guild (NLG) works to promote human rights and the rights of ecosystems over property interests. It was founded in 1937 as the first national, racially-integrated bar association in the U.S.
(212) 679-5100LATEST NEWS
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"In my opinion no country that has something like this to enter into force can still be considered to be free," said Edward Snowden.
Apr 15, 2024
NSA whistleblower Edward Snowden is among the privacy advocates sounding the alarm over a major expansion of mass surveillance that the U.S. House approved in a bipartisan vote last week, a step toward handing the federal government—and a potential second Trump administration—even more power to spy on Americans' communications without a warrant.
Sean Vitka, policy director of Demand Progress, used social media to press the top Democrat on the House Permanent Select Committee on Intelligence (HPSCI) on the implications of an amendment that the lower chamber approved as part of a bill to reauthorize Section 702 of the Foreign Intelligence Surveillance Act (FISA).
"Did you know your FISA [electronic communications service provider] amendment facilitates Stasi-like powers, very plausibly for [former President Donald] Trump? I asked your staff if you were lied to about it or if you knew. Can you confirm?" Vitka asked Rep. Jim Himes (D-Conn.) on X, the platform formerly known as Twitter. (Trump, the presumptive 2024 GOP nominee, has postured as a FISA opponent, but as president he signed an extension of Section 702 authority.)
Vitka noted Sunday that Himes repeatedly characterized the amendment—which was led by HPSCI Chair Rep. Mike Turner (R-Ohio)—as narrow, even though it would dramatically expand the kinds of businesses that can be forced to help the government conduct surveillance operations under Section 702, possibly handing a would-be authoritarian chilling surveillance powers.
As the Brennan Center for Justice explained, "Although the amendment exempts hotels, libraries, restaurants, and a handful of other types of establishments, an enormous range of businesses could still be conscripted into service, including grocery stores, department stores, hardware stores, laundromats, barber shops, fitness centers, and countless other locations Americans frequent—even the offices in which they work."
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Section 702 permits U.S. agencies to spy on non-citizens located outside of the country, but the communications of Americans—including activists, journalists, and lawmakers—have
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Himes, an
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"Yes I know exactly what is in there," Himes added, referring to the Turner-led amendment. "Some of it is classified. And none of it is remotely 'Stasi-like.' Sell your nonsense elsewhere."
Snowden, who in 2013 exposed the NSA's
illegal mass surveillance program, said in response that "the 'it's classified' dodge" by Himes "is a bright red flag."
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Snowden went on to argue that Vitka's "invocation of "Stasi-like" is not only a fair characterization" of the amendment, "it's probably generous."
"Frankly, it's hard to imagine any modern communication beyond the reach of this thing—which is, of course, the true reason they're trying to sneak it into law so quietly," he added. "It is unbelievably overbroad, and in my opinion no country that has something like this to enter into force can still be considered to be free."
"The House bill represents one of the most dramatic and terrifying expansions of government surveillance authority in history."
Elizabeth Goitein, co-director of the Brennan Center's Liberty and National Security Program,
said the "disregard for Americans' civil liberties" in Himes' reply to Vitka "is staggering."
"This provision allows the NSA to force a huge range of ordinary U.S. businesses to assist the NSA in Section 702 surveillance," Goitein added. "That's not 'nonsense,' that's a fact. And this is your response?"
URGENT: Please read thread below. We have just days to convince the Senate NOT to pass a “terrifying” law (@RonWyden) that will force U.S. businesses to serve as NSA spies. CALL YOUR SENATOR NOW using this call tool (click below or call 202-899-8938). 1/25 https://t.co/HAOHURZoJQ
— Elizabeth Goitein (@LizaGoitein) April 15, 2024
The Reforming Intelligence and Securing America Act (RISAA), described by some as "Patriot Act 2.0," passed the House in an overwhelming bipartisan vote last week after mass spying supporters—including the Biden White House—defeated an effort to add a search warrant requirement to the bill.
But the legislation still has to clear a procedural hurdle to reach the Senate. Later Monday, the House is expected to vote on whether to table a motion to reconsider RISAA's passage.
If the bill does reach the closely divided Senate, privacy advocates are expected to continue their fight for meaningful reforms.
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U.S. Sen. Marsha Blackburn (R-Tenn.), directing her message at President Joe Biden, was more explicit in demanding an immediate military response from the U.S.
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The number two Republican in the U.S. House, Rep. Steve Scalise (R-La.),
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Iran's launch of hundreds of drones and missiles on Saturday marked its first direct assault on Israel, which has repeatedly engaged in covert attacks inside Iranian territory. On April 1, Israel bombed Iran's consulate in the Syrian capital, killing diplomats and a senior Islamic Revolutionary Guard Corps commander.
Iran said its retaliatory firing of missiles and drones—most of which were intercepted—was in line with international law. One person, a seven-year-old girl, was seriously injured in the attack.
Israeli officials immediately vowed revenge, a pledge that intensified global calls for restraint to prevent the regional war in the Middle East from spiraling further out of control.
As
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U.S. Rep. Cori Bush (D-Mo.), a vocal supporter of a cease-fire in Gaza, issued a statement Sunday condemning both Israel's attack on Iran's consulate and Tehran's response, which she said "threaten civilian lives and regional war."
"I also condemn the calls by members of Congress and others to initiate war with Iran; to do so without congressional authorization is blatantly unconstitutional," Bush said. "We cannot let the warmongers win; our country and our world are calling for restraint, de-escalation, a lasting cease-fire, and diplomacy. Our government must listen. That is how we save lives."
Bush urged the Biden administration to "take immediate steps, including at the U.N. Security Council and G7, to de-escalate and facilitate an immediate, lasting cease-fire in the region."
U.S. Rep. Barbara Lee (D-Calif.), the lone congressional no vote against the war in Afghanistan, similarly called on the Biden administration to "lead efforts toward de-escalation, diplomacy, and securing a permanent cease-fire in Gaza."
"We must resist the U.S. becoming embroiled in another costly conflict abroad, but rather lead toward peace and security in the region," Lee added.
Axiosreported Sunday that Biden told Israeli Prime Minister Benjamin Netanyahu directly that the U.S. would not "support any Israeli counterattack against Iran." An unnamed official told the outlet that "when Biden told Netanyahu that the U.S. will not participate in any offensive operations against Iran and will not support such operations, Netanyahu said he understood."
Echoing her progressive colleagues, U.S. Rep. Ilhan Omar (D-Minn.)
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A few dozen protesters from Youth Action for Climate Justice and Scientists for Extinction Rebellion this weekend occupied a new climate gallery at the Science Museum in London that is sponsored by the Indian coal and weapons giant Adani.
"To have a coal company sponsoring an exhibition on the future of energy is blatantly deceiving," Anya, a young person who occupied the Energy Revolution gallery, said in a statement. "Through this sponsorship deal, the Science Museum is helping Adani attach itself to the image of a positive and sustainable future when in reality it is a coal giant, weapons manufacturer, and genocide supporter. It's plain wrong for the Science Museum to be deceiving visitors, including young people like me, when it comes to the climate crisis."
The occupation came after over 150 people protested at the museum shortly before the gallery's opening last month. In response, an Adani representative claimed that the sponsorship—which has been condemned by climate action advocates since it was announced three years ago—was part of the company's effort to participate in the global energy transition. Ian Blatchford, director and chief executive of the Science Museum Group, defended the firm's involvement.
However, their comments didn't satisfy critics who participated in the weekend occupation. As Real Mediareported:
On Friday evening the activists smuggled in balloons and black paper which they used to create a large art piece—a mound of black coal—in the centre of the gallery. Their plan was to interact with the public on Saturday after their first night of occupation, including a People's Assembly to discuss the controversial sponsorship in the afternoon.
Police were called, but no arrests were made. However, perhaps embarrassed by the presence of the protest and their message about the climate-wrecking sponsors, the museum decided to prevent access to the gallery for the whole of Saturday, although supporters did come with more banners which they held near the entrance.
The protesters remained in the museum overnight on Saturday and ended their action on Sunday.
"It's not just Adani's brand that the Science Museum is greenwashing, they're also allowing the oil and gas giants BP and Equinor to sponsor their exhibits, disregarding the fact that these companies continue to expand fossil fuel production against the warnings of climate scientists," noted Aaron Thierry, one of the scientists who occupied the gallery.
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The young people and scientists were joined by naturalist and television presenter Chris Packham, who gave a speech Friday night.
"For me, science is the art of understanding truth and beauty and a lot of that beauty lies in the natural world. Science tells us that the fossil fuel industry is responsible for the accelerating destruction of our natural world," said Packham. "The Science Museum is a place to spark imagination, to provide answers but also to encourage us to ask questions."
"The question I'm asking today is a big one, 'Why on Earth are we allowing a destructive industry to sponsor an educational exhibition whilst simultaneously setting fire to young people's futures?'" he continued. "This is beyond greenwash—it's grotesque."
Packham emphasized that "we urgently need an 'Energy Revolution' to steer us away from the course of planetary destruction on which we are heading. We need a rapid, just transition to renewables—that revolution means an end to coal, and starts with the young people and scientists occupying this space this evening. Science tells us the truth, and the truth is that we must change."
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