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Americans fear punishment for Afghan war crimes

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Lo and behold! Looks like the “great and terrible” United States can be scared to the point of hysteria. Another myth about American omnipotence is being debunked before our very eyes now that the big shots in Washington are dreading the prospect of being held accountable for the crimes their soldiers have committed in Afghanistan.

Well, it’s been a long time since the Yankees have last been scared of anyone anywhere, save, perhaps, for Soviet missiles. Still, the challenge they now have thrown out to the International Criminal Court (ICC) has laid bare their cowardice for the whole world to see. And all this under the guise of threats and warlike rhetoric, of course.

Washington saw red when, in November 2016, Foreign Policy journal wrote that “the prosecutor’s office of the International Criminal Court (ICC) is ready to initiate a full investigation of a range of possible war crimes and crimes against humanity in Afghanistan, including some by US personnel.” Washington was incensed even more after the very same publication wrote that “the chief prosecutor, Fatou Bensouda, will seek to initiate an investigation,” and that “the prosecutor’s office repeatedly called attention to alleged abuses of detainees by US personnel between 2003 and 2005 that it believes have not been adequately addressed by the United States.”

The ICC report noted that “crimes were allegedly committed with particular cruelty and in a manner that debased the basic human dignity of the victims.” 

Shortly afterwards, US officials visited The Hague where the ICC was meeting to discuss the potential investigation and to express concerns about its scope in what was seen as their first attempt to intimidate the court.

A report by the UN mission in Afghanistan added fuel to the flames of the ICC probe. According to the report, in 2016 alone, 11,418 civilians died there at the hands of all the warring sides, including the Taliban (banned in Russia). Still, the main culprits are US invaders and their NATO allies.

Despite the mounting pressure, the ICC prosecutor Fatou Bensouda of Gambia persisted with the investigation. Washington then ramped up the pressure by simply revoking her entry visa to the United States. Simple as that.

Bensouda’s office said she had an “independent and impartial mandate” under the Rome statute governing the ICC, and described Washington’s move as an attempted attack on the ICC by the US Administration bringing a sigh of relief from “law-abiding” Americans. And no one in the “free and independent” US media raised his voice against this arbitrary practice.

Such voices of disagreement came from the European Union and the United Nations though, with the UN Secretary General’s official spokesperson Stephane Dujarric expressing the hope that “the United States government will continue to comply with its obligations… and that the prosecutor, when she needs to come to the United Nations, will be afforded a visa for work done at the United Nations,” where Fatou Bensouda was to present a report to the Security Council on the progress of ongoing investigations into the events in Libya.

EU foreign policy chief Federica Mogherini likewise backed the ICC: “We will continue to fully and strongly support the ICC and its work,” she said.

It has also been said that Washington’s disregard for the ICC, which comprises 123 countries (excluding Russia and the US), is fraught with an international scandal. However, President Trump will hardly bother to worry about trifles like this. Responding to the start of the investigation into the crimes committed by the Americans in Afghanistan, the US State Department vowed to revoke or deny visas to ICC staff “seeking to investigate alleged war crimes and other abuses committed by US forces in Afghanistan or elsewhere.” 

Secretary of State Mike Pompeo threatened “to take additional steps, including economic sanctions, if the ICC does not change its course.”

Washington reserves the same treatment also for the ICC staff investigating alleged crimes by the Israelis in the West Bank and Gaza Strip, and President Trump has confirmed this. Paraphrasing George Orwell, all people are equal before the ICC, but some people are more equal than others.

However, here the Americans’ strength turns into weakness and uncertainty. President Trump’s national security adviser John Bolton threatened prosecutions and financial sanctions against ICC staff, as well as against countries and companies assisting in ICC investigations of US nationals. If this is not a sign of panic, then what is?

However, the mere fact that an official investigation has been launched against the United States is unprecedented in modern-day politics. When even a Gambian national can see that a global superpower is losing strength and is vulnerable, one can only imagine what will happen if everyone else in the world realizes this too.

Fully aware of this prospect, the Americans have applied all levers of political and economic pressure available to them and showed everyone that they are still a power to be reckoned with. On April 12, the ICC  unanimously (sic!) rejected prosecutor Fatou Bensouda’s request to investigate criminal offenses allegedly committed by NATO coalition forces against civilians in Afghanistan on the very dubious grounds that such an investigation at the present time “would not serve the interests of justice.”

The ruling states that the prosecutor’s request “establishes a reasonable basis to consider that crimes within the ICC jurisdiction have been committed in Afghanistan and that potential cases would be admissible before the Court.” However, the Chamber noted “the time elapsed since the opening of the preliminary examination in 2006 and the political changing scene in Afghanistan since then, the lack of cooperation that the Prosecutor has received and which is likely to go scarcer should an investigation be authorized hampering the chances of successful investigation and prosecution, as well as the need for the Court to use its resources prioritizing activities that would have better chances to succeed.”

US Secretary of State Mike Pompeo is happy: “I am very pleased that the ICC made this decision today. It is the right one. When Americans misbehave, whether it’s our military, intelligence officers, we have a robust democratic process that holds them accountable. You’ve seen us do that for those that misbehaved. There is in no way or any need for the ICC to intervene,” he said.

This is a striking example of national legislation taking precedence over international law – especially in critical situations.

President Trump was equally pleased hailing the ICC’s refusal to consider the actions of the US military in Afghanistan as “a major international victory not only for these patriots, but for the rule of law (?)”. He reiterated US reservations about the Hague-based ICC, saying that its “broad, unaccountable prosecutorial powers” present a threat to US sovereignty. Which means that Yankees are immune from prosecution – something we should all keep very much in mind.

The whole situation turned out to be pretty ambiguous: the Americans got scared, but the ICC ended up bending under Washington’s pressure. It still looks like the days of America’s complete domination are over, just as the current scandal proved beyond any reasonable doubt.

First published in our partner International Affairs

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Americas

Scandinavia Veers Left plus D-Day Reflections as Trump Storms Europe

Dr. Arshad M. Khan

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Mette Frederiksen of the five-party Social Democrat bloc won 91 of the 169 seats in the Danish parliament ending the rule of the right-wing Liberal Party group that had governed for 14 of the last 18 years.  The election issues centered on climate change, immigration and Denmark’s generous social welfare policies.  All parties favored tighter immigration rules thereby taking away the central issue dominating the far-right Democrat Freedom Party which has seen its support halved since the last election in 2015.

Ms Frederiksen promised more spending to bolster the much loved social welfare model and increased taxes on businesses and the wealthy.  A left wave is sweeping Scandinavia as Denmark becomes the third country, after Sweden and Finland, to move left within a year.  Mette Frederiksen will also be, at 41, the youngest prime minister Denmark has ever had.

Donald Trump has used the 75th anniversary of D-Day commemorations to garner positive publicity.  The supreme promoter has managed to tie it in with a “classy” (his oft-chosen word) state visit to the UK spending a day with royals.  It was also a farewell to the prime minister as her resignation is effective from June 7.  Add a D-Day remembrance ceremony at Portsmouth and he was off to his golf course in Ireland for a couple of days of relaxation disguised as a visit to the country for talks — he has little in common with the prime minister, Leo Varadkar, who is half-Indian and gay.

Onward to France where leaders gathered for ceremonies at several places.  It is easy to forget the extent of that carnage:  over 20,000 French civilians were killed in Normandy alone mostly from aerial bombing and artillery fire.  The Normandy American cemetery holds over 9600 soldiers.  All in all, France lost in the neighborhood of 390,000 civilian dead during the whole war.  Estimates of total deaths across the world range from 70 to 85 million or about 3 percent of the then global population (estimated at 2.3 billion).

Much has been written about conflict resolutions generally from a cold rational perspective.  Emotions like greed, fear and a sense of injustice when unresolved lead only in one direction.  There was a time when individual disputes were given the ultimate resolution through single combat.  Now legal rights and courts are available — not always perfect, not always fair, but neither are humans.

It does not take a genius to extrapolate such legal measures to nations and international courts … which already exist.  Just one problem:  the mighty simply ignore them.  So we wait, and we honor the dead of wars that in retrospect appear idiotic and insane.  Worse is the attempt to justify such insanity through times like the “good war”, a monstrous absurdity.

It usually takes a while.  Then we get leaders who have never seen the horror of war — some have assiduously avoided it — and the cycle starts again.

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Americas

To Impeach Or Not To Impeach? That Is The Question

Dr. Arshad M. Khan

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Robert Mueller let loose a thunderbolt midweek.  Donald Trump had not been charged, he said, because it was Department of Justice policy not to charge a sitting president.  Dumping the issue firmly into Speaker Nancy Pelosi’s lap, he reminded us of the purpose of the impeachment process.  According to Mueller there are ten instances where there are serious issues with the president obstructing justice adding that his report never concludes that Trump is innocent.

So here is a simple question:  If Mueller thought the president is not innocent but he did not charge him because of Justice Department policy, and he appears also to favor impeachment, then why in heaven’s name did he not simply state in his report that the preponderance of evidence indicated Trump was guilty?

Nancy Pelosi is wary of impeachment.  According to the rules, the House initiates it and when/if  it finds sufficient grounds, it forwards the case to the Senate for a formal trial.  The Senate at present is controlled by Republicans, who have been saying it’s time to move on, often adding that after two years of investigation and a 448-page report, what is the point of re-litigating the issue?  They have a point and again it leads to the question:  if Special Counsel Mueller thinks Trump is guilty as he now implies, why did he not actually say so?

Never one to miss any opportunity , Trump labels Mueller, highly conflicted, and blasts impeachment as ‘a dirty, filthy, disgusting word’,  He has also stopped Don McGahn, a special counsel at the White House from testifying before Congress invoking ‘executive privilege’ — a doctrine designed to keep private the president’s consultations with his advisors.  While not cited anywhere in the Constitution, the Supreme Court has held it to be ‘fundamental to the operation of government and inextricably rooted in the Separation of Powers under the Constitution.’  Separation of powers keeps apart the executive branch, the legislature and the judiciary, meaning each one cannot interfere with the other.

Nancy Pelosi is under increasing pressure from the young firebrands.  Rep Alexandra Ocasio-Cortez has already expressed the view that it is time to open an impeachment inquiry against Trump given the obstruction of lawmakers’ oversight duty.

Speaker Pelosi is a long-time politician with political blood running through her veins — her father was Mayor of Baltimore and like herself also a US Representative.  To her the situation as is, is quite appealing.  Trump’s behavior fires up Democrats across the country and they respond by emptying their pockets to defeat the Republicans in 2020.  Democratic coffers benefit so why harm this golden goose — a bogeyman they have an excellent chance of defeating — also evident from the numbers lining up to contest the Democratic presidential primaries, currently at 24. 

Will Trump be impeached?  Time will tell but at present it sure doesn’t look likely.

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Americas

When Republicans Are In Power, Banks, Real Estate, and Insurance Companies Crush The People

Rahul D. Manchanda, Esq.

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There is certainly a correlation by and between when conservatives and Republicans talk about “de-regulation” and “freedom” of business, in the outright and total crushing of the American people underneath a boot of immorality.

For example, insurance companies will start to increase the use dishonest and unethical “adjustors” to set out to deny lawful proper claims for insurance, such as when someone has fully paid their expensive premiums, but then is cruelly and out of hand denied much needed assistance from these insurance companies for various health problems, automobile accidents, home and renters policy mishaps, professional liability defense, general business liability assistance, property damage, and other types of accidents and mishaps that these insurance companies state that they were designed to protect their customers with.

These insurance companies know fully well that the poor and middle class do not have the ability to hire and retain competent high powered lawyers to defend their interests, either by entangling with them or in dealing with the entities that are coming after them in the above named types of life problems.

The Democrats had created and implemented such consumer watchdog agencies such as the Consumer Financial Protection Bureau (“CFPB”) and the New York Department of Financial Services (“DFS”) and these agencies were very successful in prosecuting, investigating, and beating back insurance company and banker predatory behavior, but then the lobbying groups for these industries began to buy and pay for Republican whores and populated the Congress and Senate with their “people,” and low and behold, we got an avalanche of “deregulation” from the Executive and Legislative Branches, gutted agencies and replacement of its leaders, all of a sudden leaving the American people at the will and hellish end of the retaliatory insurance and banking industries, and now things are worse than they ever were before.

Similarly, as the Insurance industry benefited from screwing over the American people, the Banking industry simultaneously have begun again to rape the American people, by instituting usurious collections and interest rates, sometimes as high as 50-60%, on such things as student loans in default through no fault of the borrower (due to sickness, injury, loss of employment, bankruptcy) and credit card companies now routinely rape and pillage the American people with ungodly APRs and other “bait and switch” mechanisms designed to fleece their customers, enriching themselves while impoverishing their customers.

All the while these banks and insurance companies are charging more than ever for premiums, simple day to day processes such as ATM machine usage, finance charges, late fees, and other highway robbery-type methods to steal from the American people.

The real estate industry, headed up by men such as Ben Carson of HUD, have now mercilessly began to crush tenants and mortgage holders, denying them basic warranties of safety and habitability, skirting all state and federal regulation so as to make a buck.

“Freedom” as used by Republican and conservative leaders was supposed to mean something different than giving trillion dollar international banks, real estate, and insurance companies the license to rape and pillage the American people, but “deregulation” is the proverbial “wolf in sheep’s clothing” or “trojan horse” by these communist industries to devastate the American people, and they must be reigned in once again by the Democrat led powers in the Congress and the Senate, and perhaps even the Judiciary (state and federal).

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