In 18 years of existence this blog has only twice hosted guest posts. However in view of the current Middle East Crisis I thought I should give space to Guardian columnists Jonathan Freedland, Gaby Hinsliff, Hadley Freeman, Lucy Mangan, and Marina Hyde, assisted by Stephen Fry, to collaborate and give us their perspective.

Here is their article:

It is easy for people, particularly young people, to be misled by social media into a malformed and warped view of the current conflict in the Middle East.

Of course, we fully understand that it is natural that pictures of thousands of dead Palestinian children, strewn across Twitter, give rise to feelings of hate and disgust.

But step back a little and consider this: are hate and disgust solid bases for building a rational assessment of Middle East Policy? Are those dead Palestinian children obscuring, in your mind, the calculation of something altogether more fundamental and important?

On 7 October Hamas beheaded forty babies, burned babies in ovens before their grieving parents, and carried out a systematic programme of mass rape, particularly of innocent young partygoers. They incinerated people with high explosives so their bodies became unrecognisable.

History started on October 7 2023 and started with an extreme excrescence of the worst abuses of classic patriarchy.

This is the existential threat which Israel faces. Israel is the only Jewish homeland and therefore Hamas is an existential threat to all Jews, everywhere. We saw this before, of course, with the Holocaust. Jewish people have had to live with existential threat for millennia.

The Palestinian people however do not face existential threat. It may appear a paradox that 1,000 dead Israelis is an existential threat to Israel but 20,000 dead Palestinians is not an existential threat to Palestine, but that is the point: it only seems a paradox to you.

You are again being blinded by numbers, your mind is again perplexed by all those images of dead Palestinian children. But you must understand this situation cannot be reduced to a simple numbers game.

It is not the number of dead children that counts: it is their quality.

Palestinians cannot face existential threat because there are now massively more Palestinians living in Gaza than lived there before the Nakba, when they all chose to move there and set up refugee camps.

In Gaza, Palestinians had a chance to set up a second Singapore with all the aid money they received from the EU and Qatar.

In fact Gaza could have been better than Singapore. Because of the physical constraints placed by Israel, including not permitting a port or an airport and controlling the entry of all people and materiel, the Palestinians had a glorious opportunity to go further than Singapore. They could have abandoned the physical world and set up a state that did not involve any movement either of goods or people.

Gaza divorced in this way from the physical world could have been an ultra-wealthy modern leader in pure intelligence-driven economy, not even dependent on computers as they were pretty restricted too.

Instead Hamas chose to ignore this glorious opportunity and focus instead on saving people from being killed, beaten, raped or detained by Israeli soldiers who were merely exercising the entirely necessary right of self-defence from the existential threat I think we mentioned before.

Hamas built command and control centres under hospitals, as proven by photos of Israeli soldiers carrying small amounts of incriminating-looking stuff into these hospitals. Hamas made terrorist bases of schools, forcing Israel to kill literally thousands of people crammed into them for refuge. Hamas stored weapons in churches and mosques, probably including the only high-explosive weapon Hamas ever possessed, which it obviously used to attack its own hospital.

Hamas also recruited hundreds of United Nations staff and journalists, forcing Israel to kill them too. This was all a ruse to increase hatred of Israel and thus reinforce the existential threat to Israel which I think we mentioned already.

That is of course a proper understanding of what has happened in the Middle East, where hundreds of babies were definitely beheaded by Hamas as part of an existential threat.

In return, in exercising Israel’s right to self-defence, an unverifiable number of Palestinians may have been killed or wounded, but figures are from the Hamas-run health ministry so are probably invented to increase the level of the existential threat to Israel.

Remember, if Hamas surrendered, the Middle East would be entirely peaceful and Israel could restore its apartheid state and only kill about 400 Palestinians every year, while systematically stealing more and more of their land, destroying their crops and bulldozing their lands. That is after a few thousand more immediate revenge killings, of course.

But if Israel surrendered, every single Jewish person in the world would be killed, exactly like every single Afrikaaner and Dutch person in the world was killed after the fall of apartheid South Africa. That is the existential threat to Israel.

But we have to look outside the Middle East and consider the effect on the wider Jewish diaspora, but not including those liberal Jews and Orthodox Jews who don’t support Israel at all (better cut this it complicates things – ed.).

I was in my local coffee shop on Tuesday, where you order at the counter and your coffee is delivered to your table by bicycle in a wicker basket with interwoven sprigs of lavender. I was eagerly awaiting my non-binary oatmeal latte with Peruvian single-estate caramel syrup, when I overheard an aggressive-looking man at the next table say:

“What do you think Janet? It’s a bit rum all these nippers being killed in Gaza isn’t it?”.

My entire world crashed around me. I had always felt safe in the UK, never believing I could, as a Jew, face any threat or danger. But here I was staring actual anti-semitism in its moustachioed face above a mustard-yellow scarf that had a distinct coffee stain!

I suddenly realised that every Jew faces an existential threat everywhere, and that Israel is entirely necessary to our very survival, no matter how many Palestinians are killed and displaced over decades!

It certainly put those thousands of dead Palestinian children into perspective, for me anyway!

Indeed I realised that to claim there were any dead Palestinian children at all was just to repeat the ancient medieval internet blood libel meme and therefore was itself a part of the existential threat to Israel.

That is the true understanding of the dead Palestinian children! They are actually part of the existential threat to Israel itself! Dead Palestinian children are just an anti-semitic meme!

Keeping an eye on the rampant anti-semite in the mustard scarf, I left, realising that as a Jew I was now unable to visit my own favourite coffee shop. I immediately withdrew young Tristan from nursery because of this coffee shop anti-semitism, and phoned the Community Security Trust, who said they would get back to me once they had fabricated a few hundred more incidents.

Forget those dead Palestinian children, Stephen Fry and I are the real victims in all this.

Signed

Jonathan Freedland, Gaby Hinsliff, Lucy Mangan, Marina Hyde, Hadley Freeman, Stephen Fry, etc. etc. etc. (Can you ask MI6 if I should sign this? – LH)

The above—and I would hope I did not have to say this, but experience proves otherwise—is satire.

A great many of the bravest opponents of the war in Gaza are Jewish. There are hundreds of thousands of Jews who are not Zionists. The large majority of Zionists are not Jews. It is important never to conflate the two.

I have no quarrel whatsoever with Jewish people. I view supporters of the racist, aggressive and genocidal political programme that is Zionism with the deepest hostility and indeed contempt.

It is however undoubtedly the case that some of the subset of Jews who are Zionists have been especially active in the British media in justifying the current vicious genocide being perpetrated in Gaza. In doing so they have often chosen to foreground their own Jewishness, to emphasise Israel’s role as the “Jewish state”, and to make claims of facing anti-Jewish discrimination or hostility in the UK.

It is impossible to reply in a way that makes plain that none of those things justify thousands of dead Palestinian children (and scores or hundreds more still every day) without addressing the Jewishness on which they themselves depend.

And their arguments are so callous, so self-serving and so prejudiced that they are overripe for satire. I appreciate it will be impossible to do this without myself attracting totally bogus accusations of an anti-semitism I do not entertain for a second.

Mentioning the Holocaust in a satirical piece caused me great consideration and is not done lightly. I have written here before of how my political duties in the British Embassy in Poland took me frequently to the sites of the concentration camps, and how it had a serious emotional impact on me. But using that dreadful event to justify another act of genocide simply has to be called out.

But I think the anti-semitism scam lost its force 20,000 dead Palestinians ago. So here we go.

I have chosen a random bunch of Guardian journalists (and ex journalists) as that “newspaper” is the epicentre of much of this guff. The names are pretty random and make no implication of ethnicity.

 
 
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We have learnt this year that there is no crime so startling, so obvious and so visible to the whole world that the United States and Israel are not willing to commit it brazenly and openly. The massacre of 20,000 people includes the killing of babies and infants, the deliberate shooting of pregnant women and toddlers, the murder of old ladies in church and the execution of prisoners stripped naked.

This is all justified as “Israel’s right of self-defence”.

We have also seen the increasing rise of fascism as western governments crack down on their publics in order to curtail political resistance to the genocide. Tony Greenstein, Mick Napier and I have all been harassed under the Terrorism Act. I have left the country because I fear I am officially “under investigation” under the Terrorism Act and I fear I shall be arrested and placed in jail for two years awaiting trial. Numerous people have been arrested for expressing their horror at the massacre through placards, words or even songs that the police judge “offensive”. Police action is often prompted by instruction from self-appointed Zionist vigilante organisations.

We are also seeing, exactly as I predicted, a replay of the “War on Terror” state Islamophobic propaganda. Do you remember the famous “ricin plot” where the ricin found was the trace level to be found in every kitchen? The British government kept it Top Secret for two years that there was in fact no ricin. Or the non-existent Easter Bomb Plot where the “ingredient of improvised explosives” found turned out to be a bag of sugar?

In Germany they have a great deal of work to do to justify the world’s most extreme anti-Palestinian governmental racism, so they have invented a “Hamas terror plot” and arrested four young Muslims. No evidence at all that been produced to justify this.

Hamas has never, ever conducted any violent attack outside of Palestine and it has always been their policy not to do so – and it still is. The notion is ludicrous that at this time Hamas have decided to suddenly lose the propaganda war which they are winning worldwide, by attacking Germany.

Germany’s governments have form of course, not only for genocide, but also for enthusiastic creation of fake terrorism. The German government was heavily implicated both in false flag terrorist attacks in Tashkent, which I was able to investigate and report to the UK government in real time, and in the creation of a whole fake terrorist organisation, “The Islamic Jihad Union of Uzbekistan”, which was entirely the work of the CIA and the German security services. The aim at that time was to justify the German military airbase at Termez in Uzbekistan, operating into Afghanistan. People forget German participation on the losing side in the last Afghan war.

I have no doubt we are in for a period of more propaganda, fake terrorist plots, false flag actual terrorism and agent provocateur led terrorism. It is the only way the Establishment can hope to regain the propaganda narrative.

I have not quite got used yet to my new position as an itinerant terrorist, so I apologise that posting has been a bit scarce due to a lot of organisational bother and a general sense of discombobulation. This is being dashed off at Milan airport. I am very happy on a personal note to say that my family are joining me at an exotic venue for Christmas and New Year, so you may not hear much from me till mid-January as I owe my children a great deal of my attention.

I do wish you a safe and very happy festive season wherever you are, and hope you can be together with those you love. For all those living in fear and danger, particularly but not only those in Gaza, my thoughts along with those of millions around the world are with you now and always.

Shortly before the first Iraq War, between the invasion of Kuwait and the outbreak of real hostilities, I sent a minute in reply to one from John Major. I was working in a the Embargo Surveillance Centre, a Top Secret establishment operating from an underground NATO HQ in central London. We were among the recipients of a Christmas message from the Prime Minister which combined Christian wishes with a bellicose message. I replied in a formal minute with this verse from the carol It Came Upon the Midnight Clear:

But with the woes of sin and strife
The world has suffered long;
Beneath the angel-strain have rolled
Two thousand years of wrong;
And man, at war with man, hears not
The love-song which they bring; –
Oh hush the noise, ye men of strife,
And hear the angels sing!

Whomever the angels are to you, I hope you hear them sing.

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Unlike our adversaries including the Integrity Initiative, the 77th Brigade, Bellingcat, the Atlantic Council and hundreds of other warmongering propaganda operations, this blog has no source of state, corporate or institutional finance whatsoever. It runs entirely on voluntary subscriptions from its readers – many of whom do not necessarily agree with the every article, but welcome the alternative voice, insider information and debate.

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We have made two formal complaints to the UN High Commissioner for Human Rights, one over my incarceration for Contempt of Court, and one over continuing police harassment including the investigation for “terrorism” of which I am now the subject.

In a meeting with UN staff, we promised to follow up with details of a few of the many others who have been detained, questioned and had their electronics seized under Article 7 of the Terrorism Act. In each case there was no suggestion of any kind – including by the Police – that they have any connection to terrorism.

It is plain that in fact people are being persecuted for political dissident opinion.

In the modern world, access to your electronics – and it is a criminal offence under the Terrorism Act not to hand over access codes to the police when your electronics are confiscated – allows the police to trawl through your entire private life. Most of us access over 90% of our correspondence, all of our financial information, and much of our social relationships, online.

Just think personally for one moment: if the police had full access to everything in your laptop or tablet and phone, including all the history, how would you feel about that?

It leaves the victims, myself included, feeling violated. It is an incredibly intrusive thing for the state to do.

The case of Dr John Laughland is particularly interesting. In his case, judges ruled explicitly that the police had every right to access all his electronics, and to retain all the data, precisely because there was no suggestion of him committing any offence. This extraordinary passage justifying the fascist approach to Dr Laughland’s data comes from Lord Menzies, one of the judges who sent me to jail.

The reference in Mr Laughland’s representations to respecting the presumption of innocence is therefore misplaced – nobody has accused him of anything, far less found him guilty of anything. His reputation is not tarnished by the decision to retain the copied material, and this decision should not be taken as a conclusion that he poses a risk or threat to national security. No such finding is to be implied in this decision.

It is of course quite mad to argue that the police should have access to all your most private information, precisely because you have done nothing wrong. It is the ultimate development of the “if you’ve got nothing to hide you’ve got nothing to fear” argument beloved by proponents of maximum state surveillance.

The idea that the state has a right to see everything, and you have no right to private affairs, of course lies also behind the government move just this week to promulgate a law in the UK that allows the state full access to the bank accounts of anyone in receipt of any state benefit, including old age pension and child benefit – over half the population.

Incidentally, whether you or I agree with Dr Laughland’s politics is irrelevant. Freedom is not only important for people with whom you happen to agree.

I do not expect any instant results from the UN. The human rights mechanisms are swamped by the genocide in Gaza. There is already cognitive dissonance among UN officials who do not know how to react to Western government support for that genocide. A complaint against the UK always faces resistance, as the narrative of British support for human rights has strong roots in the history of the UN as an institution; even though that is a false or, at best, very partial picture of historical British behaviour.

But we keep chipping away at the marble façade.

 
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Unlike our adversaries including the Integrity Initiative, the 77th Brigade, Bellingcat, the Atlantic Council and hundreds of other warmongering propaganda operations, this blog has no source of state, corporate or institutional finance whatsoever. It runs entirely on voluntary subscriptions from its readers – many of whom do not necessarily agree with the every article, but welcome the alternative voice, insider information and debate.

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Yesterday I scanned the MSM news. The UK openly boasted of running aerial surveillance over Gaza to identify targets for Israel, and it was revealed the USA has provided over 12,000 bombs and 57,000 shells to Israel. Israel killed over 300 more civilians, including over 100 more dead children. At the same time, Kamala Harris had been sobered up long enough to make a speech claiming that the US wished Israel to avoid casualties, in a desperate attempt to mask the blood on the hands of Genocide Joe.

I read that Germany is in budget crisis. I looked thorugh numerous articles, and not a single one mentioned the actual cause of the crisis, the war in Ukraine and in particular the destruction of Nordstream. None of the MSM has ever apologised for their coordinated and unanimous “big lie” that Russia blew up its own pipeline, even though they have all now quietly abandoned this in favour of a fallback lie that it was a heroic “Dad’s Army” attack by a few Ukrainians on a little boat.

I saw the media reporting without criticism, as indeed heroic, a speech by Zelensky in which he claimed as a victory that Ukraine had not actually lost significant territory during its counter-offensive. I found nothing explaining the causes of the war and very little on the inevitable need for a negotiated solution.

I read articles about immigrants drowning while trying to reach Spain, about an EU/Switzerland agreement being stymied over fears of immigration, about immigrants on the Russia/Finland border and about the causes of anti-immigration riots in Ireland. Not one of these articles mentioned that the great wave of immigration to Europe these past twenty years has been directly caused by the destruction of whole societies, economies and national infrastructures by Western invasions and direct or proxy attacks on Iraq, Afghanistan, Libya, Somalia, Yemen and Syria.

I saw the prosecutor of the International Criminal Court shuttled around Israel and the West Bank in a fleet of armored Toyotas, looking like the most arrogant of VIPs, while refusing to act against Israel and seeking to “bothsides” the genocide unfolding before our eyes.

I realised that Karim Khan KC, brother of an ex Tory MP, himself should by rights be charged with complicity in war crimes.

The evil of the times in which we live has been clear for a very long time. In “developed” countries we have seen a massive growth in disparity of wealth and increasing numbers of people unable to lead a standard of life which makes them a part of society, in consequence of destruction of worker rights and institutional protections. We have seen an increasingly unapologetic tendency of Western neo-imperialism to unleash the devastating power of modern weaponry upon less developed nations, generally of the Islamic faith, with no care for civilian casualties.

We saw it in Iraq, Libya, Afghanistan and elsewhere, and now we see its apotheosis in Gaza.

Here the two strands of dystopian western and domestic policy intertwine, because there is massive popular opposition to the genocide in Gaza, and it is crystal plain that the people of the “democracies” have no actual influence on the war machine. The war machine controls the people, they do not control the war machine. If you want to look for a sign of hope – and we all need hope – it is that a whole new generation of young people has come to understand that.

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The judgment of the Supreme Court on the illegality of deportation of asylum seekers to Rwanda was given massive publicity in connection with the sacking of Suella Braverman, but in fact it is a decision of much wider significance. It also has great relevance to the coming High Court hearing on Julian Assange, both in terms of the arguments, some of which are common to both cases, and the stance of the judges, some of whom are also common to both cases.

Let me start with the point on which the Supreme Court decision turned – whether or not the court should independently determine whether Rwanda is a safe country, or whether the Home Secretary is entitled to make that decision without possibility of judicial interference, provided correct procedures are followed.

The original Divisional Court determination, by Justices Swift and Lewis, was that the Home Secretary’s decision was “irrebuttable”: that the Executive was best placed to make the decision and there was no room for interference by the courts. This view was overturned by a majority of the Appeal Court, although there in a minority judgment Lord Chief Justice of England Burnett supported the original decision on rather incoherent grounds that this wasn’t the question at issue.

The Supreme Court has said, unanimously, that judges have a positive duty to determine whether a country is safe for deportation, rather than simply take the word of ministers for it. This is a very strong piece of judicial activism.

The correct test, derived from Soering, requires the
court to decide for itself whether there are substantial grounds for believing that the
removal of asylum seekers to Rwanda would expose them to a real risk of ill treatment,
as a consequence of refoulement to another country. The assessment is one which must
be made by the court. The majority of the Court of Appeal considered that the
Divisional Court had mistakenly dealt with the issue on the basis that the court’s role
was confined to deciding whether the Secretary of State had been entitled to form the
view that there was no such risk…

After reviewing the evidence, the court judged that Rwanda’s general human rights record, its past treatment of refugees and the state of its asylum system make it an unsafe country for deportation. It does not become a safe country either because Pritti Patel and Suella Braverman say so, or – and this is crucial for the Assange case – because its government makes promises about future behaviour.

This is a crucial passage with obvious relevance to the Assange case which I shall go on to explain:

46. The Secretary of State relies on the assurances provided by the Rwandan
government in the MEDP as meeting any concerns arising from the evidence about the
past and present operation of the Rwandan asylum system. In essence, the Secretary of
State submits that, notwithstanding any problems that there may have been in the past or
that may remain at present, the MEDP sets out arrangements for the future which
provide adequate safeguards against refoulement, and the Rwandan government can be
relied on to fulfil its undertaking to process the claims in accordance with those
arrangements…

As authority for its view that it is for the court to decide on the safety of the deportee, they quote with approval the European Court of Human Rights decision in the Othman case:

“There is an obligation to examine whether assurances
provide, in their practical application, a sufficient guarantee
that the applicant will be protected against the risk of ill-
treatment. The weight to be given to assurances from the
receiving state depends, in each case, on the circumstances
prevailing at the material time.”

This is interesting because the decision in the Othman case forms part of the legal arguments for Julian’s appeal.

There is a massive academic literature, right across the world, on the weight to be given (or not) to diplomatic assurances of good treatment by the receiving government, in extradition or deportation cases. The issue has generated countless PhDs and employed the time of numerous officials of governments, international institutions and NGO’s. This is just from the first page of a Google search on the issue:

Governments like the UK which wish to deport people are keen to argue that deportation to assorted dictatorial hellholes is fine, if the torturing dictatorship sends a Diplomatic Note promising not to torture or persecute (or send to torture and persecution). International institutions and judges tend to argue that facts on the ground are worth more than pieces of paper. In practice, the UK’s system of deportations relies heavily on “diplomatic assurances”.

The UK government gets away with this by carefully not monitoring what happens to the deportee at the other end. In the only Uzbek case in which my intervention ever failed to prevent a deportation, the couple concerned simply vanished on arrival back in Tashkent. The position of the FCDO is that, as they were Uzbek nationals, the British government had no responsibility to monitor what happened to them in their home country, after deportation from the UK.

In the present Rwanda case, the Supreme Court notes that the UK government plans to operate the Rwanda policy through the Migration and Economic Development Partnership (MEDP) which in practice consists of a Memorandum of Understanding and two diplomatic notes from the government of Rwanda entitled “the asylum process of transferred individuals” and “the reception and accommodation of transferred individuals”.

These are simply “Diplomatic assurances” in their classic form, and the Supreme Court treats them as such.

The Home Secretary’s appeal against the Appeal Court judgment explicitly argued that the court should defer to the executive’s judgment of the value of these assurances, which the Supreme Court summarises as the Home Secretary criticising the Appeal Court for:

giving
insufficient weight to HM Government’s assessment of the likelihood of the
government of Rwanda abiding by its assurances

The Supreme Court rejects the notion that diplomatic assurances provided to the executive outweigh an assessment by the court itself of the true situation. The Supreme Court states:

The government’s assessment of whether there is such a risk is an important
element of that evidence, but the court is bound to consider the question in the light of
the evidence as a whole and to reach its own conclusion.

This is a definitive position, and a very strong one, in the debate about the role of diplomatic assurances in deportation proceedings.

The reason this is so vital to the Assange case, is that the court of first instance decided against Assange’s extradition, due to the combination of his health and the appalling maximum security conditions to which he would be subjected in the United States. On Appeal by the government of the USA, Lord Chief Justice Burnett rejected this argument, primarily on the basis of diplomatic assurances as to Assange’s treatment, received in Diplomatic Notes submitted at the appeal stage.

Because they were not submitted to the original hearing but only at Appeal, Assange’s team had no opportunity to question these diplomatic assurances or cross-examine on their value. Lord Chief Justice Burnett rejected this as having any weight, on the grounds that it was for the executive to decide the value of diplomatic assurances.

Note this: Lord Chief Justice Burnett was also the dissenting judge who found for the government at appeal in the Rwanda case, where again he argued that the diplomatic assurances from the Rwanda government should simply be accepted on the executive’s evaluation. That is the classic executive position in the whole diplomatic assurances debate – and the Supreme Court has just unanimously and fizzingly rejected Burnett’s argument.

If it is for the court and not the executive to investigate and determine the value of diplomatic assurances in the Rwanda case, then it must also be for the court to examine and determine the value of diplomatic assurances in the Assange case. At no point in the Assange process has any court undertaken this duty, or the defence been offered any opportunity to challenge the veracity of the diplomatic assurances.

That must now play a crucial role in consideration of the Assange case going forward.

It is Burnett who granted the US appeal against the refusal to extradite Assange. As detailed in past articles, Burnett  is the best friend and former college flatmate of Tory Minister Alan Duncan, who called Julian “a worm” in parliament and who was in direct charge of the operation to remove Julian from the Ecuadorean Embassy.

The other judge whose arguments were resoundingly rejected by the Supreme Court is Jonathan Swift, who found for the Home Secretary at first instance in the Rwanda case. Swift is also the judge who dismissed Assange’s 150-page appeal in three double-spaced pages and attempted to limit any future hearing to half an hour. Again as previously explained here, Swift is a former barrister for the security services, which he said were his favourite clients.

Swift’s judgments in both the Assange and Rwanda cases smack of the alt-right in their contemptuous dismissal of argument and contrary evidence. The Supreme Court, however, is crushing about Swift’s simple assertion in the Divisional Court that the United Nations Commission for Human Rights is not a body whose views should be given particular weight. The Supreme Court tramples all over Swift’s trite approach, in hobnailed boots, for a significant period of time:

The Divisional Court was dismissive of this evidence, and did not attempt to
engage with it. It stated at para 71 that the evidence of UNHCR “carries no special
weight”…

64. …The Divisional Court’s view that the evidence of UNHCR carried no special
weight was a further error. Of course, the weight to be attached to evidence is always a
matter for the court, and will depend on the circumstances. However, a number of
factors combined in the present case to render the evidence of UNHCR of particular
significance.

65. The first relevant factor is the status and role of UNHCR. It is entrusted by the
United Nations General Assembly with supervision of the interpretation and application
of the Refugee Convention: see the Statute of the Office of the United Nations High
Commissioner for Refugees, annexed to UN General Assembly Resolution 428(V), 14
December 1950. Under article 35 of the Refugee Convention, states parties undertake to
co-operate with UNHCR in the exercise of its functions, and to facilitate its duty of
supervising the application of the provisions of the Convention. Reflecting those
circumstances, it is well established that UNHCR’s guidance concerning the
interpretation and application of the Refugee Convention “should be accorded
considerable weight”: Al-Sirri v Secretary of State for the Home Department [2012]
UKSC 54; [2013] 1 AC 745, para 36. In IA (Iran) v Secretary of State for the Home
Department [2014] UKSC 6; [2014] 1 WLR 384, para 44, this court stated that “the
accumulated and unrivalled expertise of this organisation, its experience in working
with governments throughout the world, the development, promotion and enforcement
of procedures of high standard and consistent decision-making in the field of refugee
status determinations must invest its decisions with considerable authority”.

66. The second factor, mentioned in that dictum, is UNHCR’s expertise and
experience. That factor was also emphasised by this court in R (EM (Eritrea)) v
Secretary of State for the Home Department [2014] UKSC 12; [2014] AC 1321, when
considering the approach which should be adopted to evidence provided by UNHCR in
relation to the risks involved in removing asylum seekers to another country. Lord Kerr
of Tonaghmore, with whose judgment the other members of the court agreed, referred
(para 72) to “the unique and unrivalled expertise of UNHCR in the field of asylum and
refugee law”, and expressed agreement with the observations of Sir Stephen Sedley in
the court below [2013] 1 WLR 576, para 41, which he quoted at para 71:
“It seems to us that there was a reason for [the European
Court in MSS v Belgium and Greece] according the UNHCR a
special status in this context. The finding of facts by a court of
law on the scale involved here is necessarily a problematical
exercise, prone to influence by accidental factors such as the
date of a report, or its sources, or the quality of its authorship,
and conducted in a single intensive session. The High
Commissioner for Refugees, by contrast, is today the holder
of an internationally respected office with an expert staff
(numbering 7,190 in 120 different states, according to its
website), able to assemble and monitor information from year
to year and to apply to it standards of knowledge and
judgment which are ordinarily beyond the reach of a court. In
doing this, and in reaching his conclusions, he has the
authority of the General Assembly of the United Nations, by
whom he is appointed and to whom he reports. It is
intelligible in this situation that a supranational court should
pay special regard both to the facts which the High
Commissioner reports and to the value judgments he arrives at
within his remit.”

67. As was mentioned in that passage, considerable weight is given to the evidence
of UNHCR by the European Court. In MSS v Belgium and Greece, for example, the
court attached “critical importance” (para 349) to UNHCR’s concerns about the
treatment of asylum seekers in Greece. In Ilias v Hungary, UNHCR’s reports were
described as “authoritative” (para 141, quoted at para 45 above). For the reasons we
have explained, it is unsurprising that that should be so; and it is a factor which is
relevant to the approach of domestic courts when considering asylum questions under
the ECHR.

68. UNHCR’s evidence will naturally be of greatest weight when it relates to matters
within its particular remit or where it has special expertise in the subject matter. Its
evidence in the present case concerns matters falling within its remit and about which it
has undoubted expertise. As the Lord Chief Justice observed in the present case,
UNHCR “has unrivalled practical experience of the working of the asylum system in
Rwanda through long years of engagement” (para 467). It has been operating
permanently in Rwanda since 1993, and had 332 staff there at the time of its evidence in
these proceedings. Its role in Rwanda includes assisting asylum seekers and refugees,
funding and training non-governmental organisations working with the Rwandan
asylum system, dealing with officials responsible for asylum decision-making, and
engaging with the relevant department of the Rwandan government over the
management of refugee camps. Although UNHCR has no official role in Rwanda’s
asylum system, the Rwandan authorities have, albeit intermittently, sent it copies of
asylum decisions, and UNHCR receives information from asylum-seekers and NGOs,
and through communications with relevant officials. UNHCR is therefore able to collate
data and gain insight into the practical realities of Rwanda’s asylum system. Its
experience was recognised by Home Office officials. They reported that the Rwandan
government depended heavily on UNHCR and other non-governmental organisations
for delivering its asylum and refugee processes, and that UNHCR had undoubted
expertise and experience of managing part of the refugee process, as well as knowledge
of the Rwandan system more generally.

69. As the Lord Chief Justice noted at para 467, UNHCR can be said to have an
institutional interest in the outcome of these proceedings, since it has adopted the
position (set out in its Guidance Note on bilateral and/or multilateral arrangements of
asylum-seekers) that asylum seekers and refugees should ordinarily be processed in the
territory of the state where they arrive or which otherwise has jurisdiction over them.
The fact that UNHCR has adopted that position is a factor to be taken into account when
assessing its evidence. However, its evidence and submissions were presented with
moderation, and did not appear to reflect a partisan assessment. It has also to be borne in
mind that, as a responsible United Nations agency accountable to the General
Assembly, UNHCR will not lightly make statements critical of any state in which it
operates.

70. Drawing these threads together, it is apparent from the factors which we have
mentioned and the authorities which we have cited that particular importance should
have been attached to the evidence of UNHCR in the present case. That is not to say
that its evidence should necessarily be decisive or pre-eminent. In the circumstances of
the present case, however, its evidence on significant matters of fact is essentially
uncontradicted by any cogent evidence to the contrary, as the Court of Appeal explained
(eg at para 136). It should not have been treated as dismissively as it was by the
Divisional Court.

I think it is fair to say that the Supreme Court’s extensive comments on Swift’s one-sentence dismissal of the evidence of the United Nations, is not incompatible with the view that the Supreme Court has twigged Swift for a glib little wanker. I wonder whether they would take the same view over Swift’s equally glib and dismissive approach to Assange’s entire appeal?

A further hot legal point which has relevance for the Assange case relates to the extent to which the UK is bound by international law.

I have attended a number of meetings at the UN in Geneva this last fortnight, including country reviews of the human rights records of a number of nations. These NGO and expert meetings are held under Chatham House rules, so I am not able to tell you precise details. But I saw developing nations specifically criticised for failures of judicial decisions to take into account the obligations in international law of the state to follow treaties they have ratified.

Extraordinarily, the UK openly takes the view that no international law, including treaties it has signed, is ever legally binding on the UK unless it has been explicitly incorporated in UK domestic legislation. The UK does not consider itself bound by treaties it has ratified.

This is absolutely crucial in the Assange case, where the US/UK Extradition Treaty of 2003, under which the extradition is taking place, specifically forbids political extradition. The courts have accepted the argument that this is irrelevant as the treaty has no legal force, this text not having been incorporated in any UK domestic legislation.

The Supreme Court judgment on Rwanda, however, appears to take the UK’s obligations in international law very seriously. The Supreme Court does not appear to be treating the UK’s international treaty obligations as governing the conduct of the UK Government, only insofar as they are incorporated in domestic law. After talking about the prohibition of refoulement under the Refugee Convention, the Supreme Court states:

As we shall explain, refoulement is also prohibited
under a number of other international conventions which the United Kingdom has
ratified. There are also several Acts of Parliament which protect refugees against
refoulement.

It is very difficult to read that in a way that makes the applicability of the international treaties valid only insofar as they have been incorporated in the Acts of Parliament. The second use of the word “also” is here a specific indicator that the international conventions are sufficient; the Acts of Parliament are reinforcement, not necessary condition.

That perhaps is not immediately apparent. Let me show you without the second “also”:

As we shall explain, refoulement is also prohibited
under a number of other international conventions which the United Kingdom has
ratified. There are several Acts of Parliament which protect refugees against
refoulement.

In that formulation it is possible to argue that the Acts of Parliament are necessary to give effect in law to the international conventions, even though that is not stated. But insert the second “also”:

As we shall explain, refoulement is also prohibited
under a number of other international conventions which the United Kingdom has
ratified. There are also several Acts of Parliament which protect refugees against
refoulement.

The “also” makes it impossible to argue that the international conventions have no weight without the Acts of Parliament. Do you see it now?

The Supreme Court then does go on to discuss the several areas of UK domestic law that do establish the principle of non-refoulement, but I thought the initial approach was very interesting. There is an unresolved tension over the status of international law inside the UK, and the Supreme Court rather leaves it floating. Should the Assange case reach the Supreme Court, it does not appear to me impossible they may take a different view on the applicability of the “no political extradition” clause of the Treaty under which the extradition is taking place.

I am of course delighted about the spoke in the wheel of the appalling Rwanda deportation project. Anyone paying attention to social media is bound to have noticed the correlation between support for the Rwanda proposal and support for Israel’s genocidal actions. I suppose it is all a part of a general racism and Islamophobia.

One further question left hanging by the Supreme Court is the “Flat Earth” question. This is likely to arise fairly soon, if the Tories carry through their promise to specifically legislate for the legality of deportation of asylum seekers to Rwanda.

The question is this.

The Supreme Court has ruled it did not have to accept the Patel/Braverman assessment of the safety of Rwanda, but had the duty to make its own determination. But if parliament were to pass a law stating that Rwanda is safe, rather than that the Secretary of State can designate it safe, would the court still have the right to exercise its own judgment in face of what would be a strange but extant statute ?

If Parliament passed a law stating that the Earth is flat, would that mean that in UK law the Earth is flat, or could judges make their own assessment? How do you square the answer to that question with the ruling doctrine of the sovereignty of the King in Parliament?

We may be going to find out, if the Tories are determined to push ahead with legislation on the safety of Rwanda, as they propose. We find ourselves asking ludicrous questions with a straight face, but that is where crazed Tory rule has taken us.

————————————————

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There are 149 states party to the Genocide Convention. Every one of them has the right to call out the genocide in progress in Gaza and report it to the United Nations. In the event that another state party disputes the claim of genocide – and Israel, the United States and the United Kingdom are all states party – then the International Court of Justice is required to adjudicate on “the responsibility of a State for genocide”.

These are the relevant articles of the genocide convention:

Article VIII
Any Contracting Party may call upon the competent organs of the United Nations to take such action under the Charter of the United Nations as they consider appropriate for the prevention and suppression of acts of genocide or any of the other acts enumerated in article III.
 
Article IX
Disputes between the Contracting Parties relating to the interpretation, application or fulfilment of the present Convention, including those relating to the responsibility of a State for genocide or for any of the other acts enumerated in article III, shall be submitted to the International Court of Justice at the request of any of the parties to the dispute.

Note that here “parties to the dispute” means the states disputing the facts of genocide, not the parties to the genocide/conflict. Any single state party is able to invoke the Convention.

There is no doubt that Israel’s actions amount to genocide. Numerous international law experts have said so and genocidal intent has been directly expressed by numerous Israeli ministers, generals and public officials.

This is the definition of genocide in international law, from the Genocide Convention:

Article II
In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group

I can see no room to doubt whatsoever that Israel’s current campaign of bombing of civilians and of the deprivation of food, water and other necessities of life to Palestinians amounts to genocide under articles II a), b) and c).

It is also worth considering Articles III and IV:

Article III
The following acts shall be punishable:
(a) Genocide;
(b) Conspiracy to commit genocide;
(c) Direct and public incitement to commit genocide;
(d) Attempt to commit genocide;
(e) Complicity in genocide.
 
Article IV
Persons committing genocide or any of the other acts enumerated in article III shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals.

There is, at the very least, a strong prima facie case that the actions of the United States and United Kingdom and others, in openly providing direct military support to be used in genocide, are complicity in genocide. The point of Article IV is that individuals are responsible, not just states. So Netanyahu, Biden and Sunak bear individual responsibility. So, indeed, do all those who have been calling for the destruction of the Palestinians.

It is very definitely worth activating the Genocide Convention. A judgement of the International Court of Justice that Israel is guilty of genocide would have an extraordinary diplomatic effect and would cause domestic difficulties in the UK and even in the US in continuing to subsidise and arm Israel. The International Court of Justice is the most respected of international institutions; while the United States has repudiated its compulsory jurisdiction, the United Kingdom has not and the EU positively accepts it.

If the International Court of Justice makes a determination of genocide, then the International Criminal Court does not have to determine that genocide has happened. This is important because unlike the august and independent ICJ, the ICC is very much a western government puppet institution which will wiggle out of action if it can. But a determination of the ICJ of genocide and of complicity in genocide would reduce the ICC’s task to determining which individuals bear the responsibility. That is a prospect which can indeed alter the calculations of politicians.

It is also the fact that a reference for genocide would force the western media to address the issue and use the term, rather than just pump out propaganda about Hamas fighting bases in hospitals. Furthermore a judgement from the ICJ would automatically trigger a reference to the United Nations General Assembly – crucially not to the western-vetoed Security Council.

All this begs the question of why no state has yet invoked the Genocide Convention. This is especially remarkable as Palestine is one of the 149 states party to the Genocide Convention, and for this purpose would have standing before both the UN and the ICJ.

I am afraid the question of why Palestine has not invoked the Genocide Convention takes us somewhere very dark. Anyone who, like George Galloway and myself, cut their political teeth in left-wing politics of Dundee of the 1970s has (long story) their experience and contacts with Fatah, and my sympathies have always very much lain with Fatah rather than Hamas. They still do, with the aspiration for a democratic, secular Palestine. It is Fatah who occupy the Palestinian seat at the United Nations, and the decision for Palestine to call into play the Genocide Convention lies with Mahmoud Abbas.

It is more and more difficult daily to support Abbas. He seems extraordinarily passive, and the suspicion that he is more concerned with refighting the Palestinian civil war than with resisting the genocide is impossible to shake. By invoking the Genocide Convention he could put himself and Fatah back at the centre of the narrative. But he does nothing. I do not want to believe that corruption and a Blinken promise of inheriting Gaza are Mahmoud’s motivators. But at the moment, I cannot grab on to any other explanation to believe in.

Any one of the 139 states party could invoke the Genocide Convention against Israel and its co-conspirators. Those states include Iran, Russia, Libya, Malaysia, Bolivia, Venezuela, Brazil, Afghanistan, Cuba, Ireland, Iceland, Jordan, South Africa, Turkey and Qatar. But not one of these states has called out the genocide. Why?

It is not because the Genocide Convention is a dead letter. It is not. It was invoked against Serbia by Bosnia and Herzegovina and the ICJ ruled against Serbia with regard to the massacre at Srebrenica. This fed directly through to ICC prosecutions.

Some states may simply not have thought of it. For Arab states in particular, the fact that Palestine itself has not invoked the Genocide Convention may provide an excuse. EU states can hide behind bloc unanimity.

But I am afraid that the truth is that no state cares sufficiently about the thousands of Palestinian children already killed and thousands more who will shortly be killed, to introduce another factor of hostility in their relationship with the United States. Just as at this weekend’s summit in Saudi Arabia, where Islamic countries could not agree an oil and gas boycott of Israel, the truth is that those in power really do not care about a genocide in Gaza. They care about their own interests.

It just needs one state to invoke the Genocide Convention and change the narrative and the international dynamic. That will only happen through the power of the people in pressing the idea on their governments. This is where everybody can do a little something to add to the pressure. Please do what you can.

Hat tip to the indefatigable Sam Husseini who has been pressing the Genocide Convention on the White House.

————————————————

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Unlike our adversaries including the Integrity Initiative, the 77th Brigade, Bellingcat, the Atlantic Council and hundreds of other warmongering propaganda operations, this blog has no source of state, corporate or institutional finance whatsoever. It runs entirely on voluntary subscriptions from its readers – many of whom do not necessarily agree with the every article, but welcome the alternative voice, insider information and debate.

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It may seem hopeless, but we have to continue to hold back the tide of fascism with all our might. This letter is self-explanatory, and I think its staid legal argument brings out the absurdity of deeming me a terrorist danger to the UK.

I honestly believe that I am fighting not for myself – my life is turned upside down – but for important principles. For freedom of speech and the right of the public to information, as exemplified in the case of Julian Assange. For universal human rights, as exemplified by the struggle of the Palestinians. For the right of citizen journalists to write without persecution, as exemplified by my own case and others. I am afraid this all costs money. I am grateful for the unfailing generosity of people in what is a continuing struggle.

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This post may generate a tweet on @matthuag (which the hacked @craigmurrayorg has been renamed) because the autoposting programme interacts differently with Twitter (called a Twitter API).

When my account was hacked yesterday the hacker changed the password, email address, telephone number and username. They quickly tweeted out a post in praise of Hitler in my original username before changing it, which indicates that the primary motivation was defamation. They then subsequently changed the user id to @MattHuag, apparently to create an account stealing the identity of @MattHuang, which seems like a ruse to disguise the motivation.

But here is the rub. Twitter does not let you change the password, email address, phone number and username of an account all at once, for obvious reasons. The email I received from Twitter that alerted me to the hack makes plain that once you change the password, your ability to make some other changes is suspended.

Three people have now tried to replicate making all these changes on a Twitter account and nobody has succeeded (see for example comments below). So it appears that whoever did this hack was within Twitter or has a backdoor into Twitter to overcome these safeguards. That obviously points towards a security service rather than a random hacker. My twitter following had grown to over 136,000 and some individual tweets on Gaza were gaining 10,000 likes.

It is of course the case that all my electronics were confiscated by the state less than a month ago, and while they cloned and returned my laptop, they still have my phone. I was always confident there is nothing criminal on them, so I wonder whether this is just an attempt to bolster some kind of case with an outrageous tweet.

Subject to an “anti-terrorism investigation”, I do not view it as safe currently to return to the UK. Whether the investigation relates to my support for Wikileaks or to my support for Palestine, or to both, I do not know, as the police have not said why I am being investigated.

I honestly believe I am not fighting for me, but against encroaching fascism in Western societies. It is for freedom from an ever-encroaching police state and from a political class trying to enforce a monopoly of information to the public. The fight can only happen at all with financial support from the amazing readers of this blog. You have seen me through so much, and I am very grateful.

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My twitter account has been hacked.