Monthly archives: February 2025


Islamic Resistance Movements and Israel 107

We were searching for a site in the northern Bekaa valley recently bombed by Israel. Hadi knew near which village it was located but, as we drove between large expanses of fertile, well-cultivated fields, it was plain his information was vague.

We pulled up at a garage to ask the way. Lebanon has not gone the way of Western economies in making consumers perform the very service for which they are paying, and in Lebanese service stations they still have attendants. A scruffily dressed old man sat on the front step of a dilapidated and very basic kiosk constructed of concrete blocks. He came over to the driver’s window.

First Hadi ordered fuel, and the old man filled the car, washed the windscreen and took payment. His hair was white and his beard short, but not from the obsessively neat trimming that is universal in Beirut. When he returned with change, Hadi asked him if he knew where to find the bomb site.

The old man replied with questions. I did not understand the Arabic, but from the body language there was a marked shift in the interaction between the two, from the man serving Hadi to the man interrogating Hadi. He lost his shuffle, notably straightened his back and stood taller.

They were talking through the driver’s window, and with a very definite movement the man moved forward and rested his forearm on the sill, intruding his head into the vehicle assertively. He looked at me with searching eyes, and looked at Niels sitting in the back seat with his camera equipment. His questioning of Hadi became terse.

I looked into his eyes. He had the distinct, piercing gaze that I used to note in the special forces officers I occasionally came across in my Foreign Office career. He then walked away from the car, took out his phone and made a call.

After a while he handed the phone to Hadi, who looked both serious and worried. Hadi listened, handed the phone back to the attendant, said goodbye and thank you, and reversed out of the garage. Hadi told us we were not permitted to go to the bomb site.

We had just encountered Hezbollah. The important thing to understand in this encounter is that it is not that the man was an undercover Hezbollah operative posing as a garage attendant. He was a garage attendant who was a Hezbollah operative.

Hezbollah is not an organisation comparable to the IRA, in which a relatively small number of members operated within the context of a community in which they enjoyed very large sympathy. Hezbollah operates in a community in which almost everybody is an activist and pretty well every adult is prepared to pick up a gun or an RPG and knows how to use it.

This is a key to understanding how Hezbollah became the only military force that has ever been able to defeat the IDF in pitched ground warfare. In this respect, Hezbollah’s crucial advantage compared to Hamas is that it has had practical access to weapons deliveries to build its arsenal, whereas Hamas has been greatly constricted by Israel’s control of goods entering Gaza.

Ending the weapons supply to Hezbollah has been a key US/Israeli strategic objective this last year, and they have in large part achieved it. I shall return to that.

On a personal level, this encounter with the garage attendant was fairly typical of my interactions with Hezbollah in my four months in Lebanon. They had detained me in a rather frightening manner on first encounter, and in general treated me with a suspicion which is understandable given my British diplomatic background.

I saw literally thousands of buildings in Lebanon that Israel had destroyed. The most haunting part of the entire experience was the frequent event of finding the clothing and toys of small children among the rubble: I still have bad dreams about it.

However this was the second of the two occasions when we were able to identify that Israel had struck an actual Hezbollah military installation, rather than a civilian building. Both times Hezbollah prevented me from going to see. In terms of maintaining the security of the military site, this strikes me as shutting the stable door after the horse has bolted.

Having been denied access to that particular bomb site, we drove on into the village and met with some locals Hadi knew. In this small village there had been over 70 Israeli bombings, 8 of them since the ceasefire.

They took me to one large house which had been completely destroyed, a pile of rubble spread over a large area. Twelve members of the same family had been killed in this house, seven of them children. The head of the family had left in late afternoon to go to the butcher’s to buy dinner, when his home and family was destroyed behind him.

The explosion was so enormous that the body of one of the children was found in the neighbouring orchard of olive trees, clean across the road, about seventy yards away. Many of the olive trees had been shredded and debris from the house was strewn across the field and beyond.

The next house was not greatly damaged, but there a father and his two daughters were killed by the shock wave as they sat on their terrace drinking coffee.

There are so many important points to make about Hezbollah, but let me start with these three.

The first is that support for Hezbollah among their own Shia communities in Lebanon is extremely strong. They are far more than a military organisation. They are Lebanon’s largest legitimate political party.

At the 2022 election Hezbollah received 19.9% of the vote, and their close ally the Amal Movement received another 10.5%. The party with the second highest vote behind Hezbollah, the neo-fascist Lebanese Forces, received 11.6% of the vote.

[The Lebanese Forces political party should not be confused with the Lebanese Armed Forces, with which it has no connection. The Lebanese Armed Forces remain under effective US control and fired not a shot against the Israeli invasion and occupation. But like so much in Lebanon, the situation should not be simplified and the majority of the rank and file of the LAF are Shia Muslims sympathetic to Hezbollah, and a large majority of the rank and file of any denomination would be happy to fight the Israelis were they ever allowed to do so.]

Under Lebanon’s extraordinary constitution, Lebanese Forces with 11.6% received 19 seats in parliament while Hezbollah with 19.9% received 15 seats. Of which again more later.

But when it comes to political legitimacy, it is worth noting that the combined Hezbollah/Amal vote percentage is equal to the Labour Party percentage at the last General Election in the UK. There is no argument that Hezbollah are not a legitimate democratic political force.

The second point is that it is absolutely wrong to see Lebanon in purely sectarian terms. Hezbollah has supporters and allies across all religions in Lebanon and, in a country where politics is officially and constitutionally organised on religious lines (a “confessional” constitution), there are minor parties of all religions aligned with Hezbollah, of which several had ministers until appointment of the new Cabinet last month (of which again, more later).

Perhaps a quarter of those at the funeral for Nasrallah were not Shia Muslims.

The third point is that Hezbollah is much more than a political party with a military wing. In a country in which central government has all but collapsed (Lebanon has no income tax), Hezbollah provides hospitals, schools, banking, pensions and welfare benefits.

When Niels and I witnessed refugee returns to evacuated areas following the “ceasefire”, a very substantial percentage of the population were waving Hezbollah flags or Lebanese flags, with some waving both. Hezbollah is an integral part of Lebanese society, entirely born within the country out of the resistance to Israel’s 1982 occupation, and is in no sense alien or anti-Lebanese.

The elephant in the room is that in the UK and other Western states, this highly complex social and political movement is designated as a terrorist organisation in its entirety. Ironically, the justification for this given in Westminster in 2019 was that Hezbollah was destabilising the Middle East and prolonging the conflict in Syria – where the very Western powers that proscribed Hezbollah have just assisted another proscribed terrorist group into power.

The truth is that terrorist proscription by the NATO powers of organisations in the Middle East is simply a tool for taking whatever decisions are expedient at that moment to promote the interests of apartheid Israel. The “terrorist acts” of Hezbollah that led to proscription of the entire organisation in 2019 consisted of fighting ISIS, Al Qaeda and Al Nusra in Syria.

We all suffer from the temptation of assuming that others share our prejudices. I assume that like me, many in the West find it difficult to empathise with Hezbollah because of its Islamic philosophy and – I know this is petty – appearance.

Hassan Nasrallah was the most important and steadfast leader of resistance to the mass murderous Zionist project of the last forty years. He was also, by all accounts, a hugely charismatic figure to Arabic speakers. But his very appearance made it easy for him to be represented to Western audiences as an alienating, even evil, character, due to the state-promoted Islamophobia in the Western world which has been universally projected in the media this last quarter century.

But here honesty is required. I myself do not like to see political leaders with a religious function and am simply against theocratic rule. I am entirely in favour of freedom of religion, but utterly opposed to religion ruling any state.

There is an element of smoke and mirrors here. In the glorious mosaic of Lebanon, Hezbollah exist jumbled with those of other sects and religions, and in practice rub along very well.

Nasrallah spoke like all committed Islamists of his desire to seeing a united Muslim rule over Muslim lands, with the state under firmly religious leadership and Sharia law. But in practice Hezbollah are highly tolerant.

In those large areas of Lebanon where they both have physical military control and dominate the elected local authority, Hezbollah do not ban the sale of alcohol by the Christian minority or enforce hair covering, even on Muslims.

This is an area where my prejudices were disabused. I did not expect to find this.

All this caused me some difficulty in Lebanon. I was frequently asked whether I supported Hezbollah. As I was spending much of my time in those areas attacked by Israel – which largely are the Hezbollah areas – in general the question came from Hezbollah supporters.

I would always reply that I supported absolutely the right of occupied people to conduct armed resistance, and the duty to do everything possible to prevent genocide. Both are established principles of international law. But I did not support Hezbollah per se, and would not vote for it were I Lebanese, because it is an openly Islamist organisation and I am opposed to theocratic rule and religious legal codes.

Being in Lebanon did however allow me to overcome some of the gulf of my cultural understanding. The practice of calling those killed by Israel “martyrs” and frequently referring to them as such in conversation, is alien to a Western ear where the word has largely outdated religious connotations.

When you live amongst a community where everybody has friends or relatives who have been killed in the decades-long aggression of Israel, the revering of the fallen as martyrs, and their omnipresence in everyday thought, starts to make much more sense.

Similarly to Western eyes the widespread display of large images of the “martyrs” is peculiar. These are along every roadside and atop every ruin. There are always posters at the site where the person was killed, and frequently dozens of other posters of that individual at sites of importance to them.

I overcame my incomprehension of this practice by thinking of it in reference to my own culture, that these were posters of people put up to mark where they fought and died to defend their wee bit hill and glen. In those terms it made sense to me.

I am extremely conscious that religious faith has played a very positive role in both Palestine and South Lebanon in enabling people to endure the unendurable and to maintain Resistance against impossible odds. But it is not possible to ignore the fact that there remain substantial differences between my world view and an Islamist world view.

This has been brought into urgent focus by the attitude of many Sunni Muslims to the overthrow of Assad in Syria. In my world view, this has been a disaster for the Palestinians. It has seriously and perhaps permanently damaged the flow of arms and other resources to Hezbollah, the Palestinians’ most important ally. And it has enabled the Greater Israel project to expand substantially into Syria.

Try now to imagine that you are a Sunni Muslim scholar who believes that only by becoming Sunni Muslim can people obey God. You believe that the benefit to mankind of bringing Sunni Muslim rule to most of Syria outweighs the loss of part of Syria to Israel. You believe that Palestinian martyrs killed by Israel are going immediately to Heaven anyway, so in spiritual terms there is no real loss to the “martyrs”.

That really is the position of many of the leaders of the Saudi- and Gulf-sponsored Muslim religious community. Just like there are a great many shades of Christian, there are a great many shades of Islam and there are many Muslims, including Sunni Muslims, who would not share that viewpoint. But to a religious Islamist it makes perfect sense.

I cannot find it again because it was deep in replies on a thread, but I had a very interesting exchange with a Muslim intellectual on Twitter on precisely this topic. He accused me of “orientalism” for denigrating an Eastern spiritual viewpoint in favour of a Western secularist narrative, in seeing the installation of HTS as a reverse for Palestine. He pointed out that Hamas, a fellow Sunni Islamist movement, had welcomed the triumph of HTS.

The exchange was welcome for its honesty and intellectual acuity. I said I did not believe Edward Said would have welcomed the accompanying expansion of Israel into Syria or cutting off of supplies to Hezbollah. He called in a nephew of Said to bolster his view that my viewpoint is orientalist.

I have thought about this deeply; I do not think my viewpoint can fairly be described as orientalist. The truth is that all mainstream Western thought would have entirely concurred with the view that the expansion of rule by a particular religious sect was more important than associated temporal reverses that did not affect the faith of the people: but Western thought was exactly that 500 years ago.

I do not see my view as orientalist. I see it as anti-medievalist.

The fall of the Assad regime was deeply desired by Western neoliberals and Zionists in order to replace it with a Western democratic model, and they are desperately pretending that is what they have got in al-Jolani. As atrocities against Shia, Alaouites and Christians in Syria mount, the one thing that cannot be disputed is that al-Jolani is steadfastly Zionist, as he allows Israel daily to occupy more of Syria and destroy more of its infrastructure, without a single shot fired in response.

There is no doubt that the position of the Resistance to an expansionist apartheid Israeli colonial project has worsened considerably since my arrival in Lebanon in October. While Israel could not progress a ground offensive, the almost total absence of any air defences for Lebanon meant it could murder and destroy with impunity from the air.

Israel embarked on a campaign of devastation of purely civilian areas by aerial bombardment. Of that I am an eye witness. I can say from personal inspection that the claims that the tens of thousands of homes destroyed had any military use are a massive lie.

With no defence against a relentless bombing campaign, and with most of their leadership eliminated, Hezbollah were obliged to accede to a suicidally unbalanced “ceasefire agreement”. It is plain on the actual face of the agreement that only one side will cease fire.

All Lebanese groups are to cease fire without qualification whereas Israel is only to cease “offensive” operations. Israel of course claims all its attacks as defensive. This is absolute nonsense, but despite over 500 violations of the ceasefire agreement, killing hundreds of people, Israel has not been held accountable because Hezbollah acceded to a ceasefire guaranteed by a “Mechanism” which is chaired by a United States General.

I think my discussion on this point with the UN Spokesman in Lebanon was extremely important, especially where he explicitly states that the Ceasefire Agreement was drafted by the USA. This link takes you to the key point in the interview.

The members of the “Mechanism” overseeing the ceasefire are the United States, France, Israel (sic), and the Lebanese government of General Aoun, a total US puppet.

Furthermore while the Ceasefire Agreement provides for a zone south of the Litani river from which Hezbollah must remove its weapons, it also calls for Hezbollah disarmament throughout the whole of Lebanon, which the Israelis and Americans have used to justify numerous continuing Israeli strikes in the Bekaa Valley, the Syrian border and even Beirut.

Hezbollah are not a formal party to the Agreement but it was sanctioned by them before signature. Personally I find it difficult to imagine that Nasrallah would ever have accepted such a position.

At the same time, Hezbollah’s domestic political position has been also greatly weakened. They were obliged to accept effectively the US imposition of General Aoun as President, which they had been resisting for over two years. They also then found themselves accepting his nomination of the openly anti-Hezbollah Nawaf Salam as Prime Minister.

I referred earlier to Lebanon’s “confessional” constitutional arrangements, and said I would give more detail. The President must be a Christian, the Prime Minister a Sunni and the Speaker of Parliament a Shiite.

But it does not stop there. The governing agreement specifies the division of ministerial positions too. Not only between Sunni, Shia and Christian, but to include several other groupings, of which the best known is Druze and there are others, particularly various specific sects of Christianity.

Hezbollah has operated through the Amal movement in providing the Shiite ministers, but it is a key fact that it has always had important allies among Christian anti-Israeli occupation factions who have filled important ministerial posts.

The loss of Hezbollah power within Lebanon is to be found within the detail of all these ministries. In claiming to appoint a “technocratic”, apolitical administration, Aoun and Salam have in fact excluded most of Hezbollah’s support.

It is in practice almost impossible to find a Shiite in Lebanon who is not pro-Hezbollah, but Aoun and Salam have certainly done their best. More pertinently, they have almost totally excluded Hezbollah and anti-Zionist sympathisers from the ministerial representation of Sunni and the assorted minority and smaller Christian groups, while simultaneously boosting the de facto influence of the fascist Lebanese Forces sympathisers.

Hezbollah has not been this politically weak in the Lebanese institutions for 20 years, which is why the show of mass popular support at Nasrallah’s funeral was so important to them. However, given Lebanon’s electoral system with its deliberate Christian bias, piling up popular support is of little use to Hezbollah electorally. There are Christian MPs in parliament elected with under 500 votes, while Hezbollah could put on another 100,000 votes without significantly increasing their representation.

Crucially the “Ministerial statement” of the aims of the new government excluded resistance to Israel as an objective – a key change – and specified the state’s monopoly on carrying arms, a reference to the full disarmament of Hezbollah.

Finally, of course, Hezbollah’s archenemies, HTS, are now in power in Damascus. Hezbollah fought off repeated Al Qaeda/Al Nusra/ISIS attempts to invade Lebanon and also intervened against these forces within Syria. Al-Jolani coming to power represents a major disruption to Hezbollah’s supply lines from Iran.

The US and Israel are attempting to turn up this pressure by frequent aerial attacks on border crossings from Syria and on Hezbollah individuals within Lebanon. Recently they took the additional measure of banning pilgrimage flights to and from Iran, which greatly angered the Shia community and was aimed at cutting off a route for physical supplies of cash.

What is uncertain is what secret accommodations General Aoun may have reached with Hezbollah, over whether their physical disarmament throughout Lebanon under SCR 1701 and the Ceasefire Agreement is a genuine process or a show. Politically, Aoun and Salam have strongly planted their banner for real disarmament of Hezbollah.

What appears beyond dispute is that the Israelis receive a continued flow of intelligence from Lebanese sources on Hezbollah personnel movements and sites, and the US-sanctioned intense Israeli bombing campaign shows no sign of abating.

We can add to this sad fact that Israel was able to use the Ceasefire Agreement to occupy parts of Southern Lebanon which Hezbollah had successfully defended during the war, and that Israel has destroyed by demolition thousands of homes and other civilian buildings under cover of the ceasefire to add to those destroyed during the war.

Indeed Israel demolishes more buildings in Southern Lebanon every day still, and has now destroyed over 90,000 buildings in Lebanon in total. As I predicted, Israel is building 5 permanent military outposts in Southern Lebanon and has made plain it has no intention of leaving.

The US puppet government in Beirut, like the US puppet government in Damascus, plainly has no intention of any realistic action against de facto Israeli annexation of its land. While Hezbollah has signalled a reversion to past tactics of guerilla warfare, I have serious doubts about both its current capacity, both political and military.

Of the enduring heroism of the people of South Lebanon I have no doubt, and I also have no doubt that as Israel is maintaining an illegal occupation, their legal right of armed resistance in unimpeachable.

It is however foolish not to acknowledge that with Israel expanding into Lebanon and Syria, with US puppet regimes in Syria and Damascus, with genocide about to restart in Gaza and spreading into the West Bank, and with an apparently crazed level of open Zionist support from Trump that is in fact only more honest than the pro-Genocide positions of the large majority of Western governments, the current position looks bleak indeed.

The only grounds for hope is that I cannot imagine that the people of the region are going to tolerate Israeli collaborationist regimes in Damascus, Beirut and Ramallah much longer. Indeed with slight variations you might say the same of the entire Arab world.

I hope you will forgive this being a very personal post as I try to make sense of my experiences and assimilate much new knowledge into my view of the world.

I went to Lebanon knowing literally nobody in the country, and with an introduction to just one person who helped us through immigration, but whose assistance thereafter did not work out. I did so accompanied by Niels as cinematographer, despite my never really having worked in video before, and my not being very accomplished at it. On top of which we had no financial resources except for our crowdfunding, which was not going well.

I now realise just how deeply ignorant I was about Lebanon before arriving.

The truth is, I wanted to go to Gaza but could find no way to get in. I had then had applied to Israel for the required permission from COGAT to enter the West Bank, but had been refused. So Lebanon was the one place under Israeli aggression where I could actually hope to get in to document and report on Israeli atrocities.

This venture was also born out of a rather desperate feeling that I must try to do something. I had been involved in the genesis of the ICJ case and in international campaigning for Palestine, but felt so helpless watching murdered children in Gaza every day on social media, that I felt compelled to do more.

With war against the Israeli invaders raging in Lebanon, I admit I also had a compulsion to share at least some of the danger of those putting their lives at stake. In truth, I felt something of a fraud to be writing about it from home if I was not prepared to experience it.

Well, at times Lebanon really was dangerous for us, but I am extremely proud of what Niels and I achieved. The six mini-documentaries reached millions of people and I think genuinely informed the Western public. I think the interview with the UN was extremely revealing and important and wish I had been able to get a rather wider audience for it. On top of which we produced numerous shorter video pieces, written articles and interviews with alternative media outlets across the globe, as well as doing a lot of Arab mainstream media.

In the end we had to leave because it proved simply not possible to meet the substantial costs of the venture by individual subscriptions and donations, and I ran out of money. It was a bold experiment in being able to do the kind of real, on-the-ground journalism that legacy media has abandoned, but to continue would require more fundraising ability or organisational ability than I possess.

There is no doubt that we suffered – and still suffer – massive social media suppression, and this limitation of reach is what crippled fundraising efforts. Essentially we were asking the same people for donations again and again, which is both impractical and, I admit, I found personally difficult and undignified.

So I shall continue reporting from my base in Scotland, travelling the world as occasion demands. My knowledge has been hugely expanded by my time in Beirut. I will now largely revert to written rather than video format. The struggle for justice goes on, and my commitment to it remains.

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My reporting and advocacy work has no source of finance at all other than your contributions to keep us going. We get nothing from any state nor any billionaire.

Anybody is welcome to republish and reuse, including in translation.

Because some people wish an alternative to PayPal, I have set up new methods of payment including a Patreon account and a Substack account if you wish to subscribe that way. The content will be the same as you get on this blog. Substack has the advantage of overcoming social media suppression by emailing you direct every time I post. You can if you wish subscribe free to Substack and use the email notifications as a trigger to come for this blog and read the articles for free. I am determined to maintain free access for those who cannot afford a subscription.




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UN Peacekeepers Watch Civilians Massacred 582

On 26 January, 26 unarmed civilians were shot dead by Israel and 147 wounded in a massacre observed by heavily armed UN Peacekeepers who did not intervene. I asked the UN the very hard questions which nobody else is asking them.

The civilians were simply attempting to return to their homes in accordance with both UNSCR 1701 and the current ceasefire agreement, and indeed UNIFIL has a specific mandate under 1701 to assist displaced people to return.

So what has gone wrong with UNIFIL? Is this Srebrenica syndrome? What is the purpose of the heavy weaponry deployed by the UN’s best-equipped peacekeeping force, if it can never be fired? Why is the UN failing to monitor the hundreds of Israeli breaches of the Ceasefire Agreement? Why is the UN serving on a committee under a US General?

These and other questions I put to UNIFIL spokesman Andrea Tenenti. I did so in my usual, I hope courteous, manner. The result is a fascinating conversation which I believe is an extremely important piece of documentation of institutional failure to confront Israeli and US aggression at a critical time for the entire world.

———————————

My reporting and advocacy work has no source of finance at all other than your contributions to keep us going. We get nothing from any state nor any billionaire.

Anybody is welcome to republish and reuse, including in translation.

Because some people wish an alternative to PayPal, I have set up new methods of payment including a GoFundMe appeal and a Patreon account.

I have now also started a Substack account if you wish to subscribe that way. The content will be the same as you get on this blog. Substack has the advantage of overcoming social media suppression by emailing you direct every time I post. You can if you wish subscribe free to Substack and use the email notifications as a trigger to come for this blog and read the articles for free. I am determined to maintain free access for those who cannot afford a subscription.




Click HERE TO DONATE if you do not see the Donate button above

Subscriptions to keep this blog going are gratefully received.

Choose subscription amount from dropdown box:

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Alternatively by bank transfer or standing order:

Account name
MURRAY CJ
Account number 3 2 1 5 0 9 6 2
Sort code 6 0 – 4 0 – 0 5
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BIC NWBKGB2L
Bank address NatWest, PO Box 414, 38 Strand, London, WC2H 5JB

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United Nations Censures UK Over Abuse of Terrorism Act Against Journalists and Activists 158

Four UN Special Rapporteurs have written jointly to the UK government demanding explanation of its inappropriate persecution of journalists and political activists under the Terrorism Act. They state that those persecuted:

appear to have no credible connection to “terrorist” or “hostile” activity

The cases taken up by the United Nations are those of Johanna Ross (Ganyukova), John Laughland, Kit Klarenberg, Craig Murray (yes, me), Richard Barnard and Richard Medhurst. The UN letter is signed by:

Ben Saul
Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism

Irene Khan
Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression

Gina Romero
Special Rapporteur on the rights to freedom of peaceful assembly and of association

Ana Brian Nougrères
Special Rapporteur on the right to privacy

Under this UN special procedure, the letter is sent to the government in question which has sixty days to respond. This letter was sent by the UN to Starmer’s government on 4 December. No reply having been received, it has now been published.

It is worth noting that even with the UN letter on its desk and ignored, Starmer’s government in fact stepped up the use of the Terrorism Act against pro-Palestinian journalists and activists in this period. The cases of Asa Winstanley, Sarah Wilkinson and Tony Greenstein, among others, happened after the letter was drafted.

I should be clear that I was, working with Justice for All International (for which we had a crowdfunder last year in relation to the Assange case at the UN), heavily involved in assisting with preparation of this initiative, and made three visits to the UN in Geneva on the subject together with Sharof Azizov, and on one occasion Richard Medhurst. Your subscriptions and donations to this blog are the only funding I have to make such activity possible, so thank you.

The letter is in two parts. The first consists of an outline of the information received by the UN on each case and a request for a response from the British government.

But the second part is a devastating critique of the UK’s terrorism laws and their inappropriate use to stifle dissent and freedom of expression. This legal analysis on lack of conformity with the UK’s human rights obligations is not dependent on any of the particular cases cited.

While we do not wish to prejudge the accuracy of these allegations, we
express our concern regarding the potential misapplication of counter-terrorism laws
against journalists and activists who were critical of the policies and practices of
certain governments, which may unjustifiably interfere with the rights to freedom of
expression and opinion and participation in public life, lead to self-censorship and
have a serious chilling effect on the media, civil society and legitimate political and
public discourse.
We are particularly concerned by the broad scope of section 12(1A) and
schedule 7 of the Terrorism Act 2000 and schedule 3 of the Counter-Terrorism and
Border Security Act 2019…

We are concerned at the vagueness and overbreadth of the offence in
section 12(1A) of the Terrorism Act 2000, which criminalizes expressing an opinion
or belief that is supportive of a proscribed organisation and being reckless as to
whether it encouraged support for that organisation…

The term “support” is undefined in the Act and in our view is vague and
overbroad and may unjustifiably criminalize legitimate expression.

…the meaning of expressing support for a
proscribed organization is ambiguous and could capture speech that is neither
necessary nor proportionate to criminalize, including legitimate debates about the de-
proscription of an organization and disagreement with a government’s decision to
proscribe…

We note that there is no requirement that the expression of support relate to
the commission of violent terrorist acts by the organization. As such, the offence may
unjustifiably criminalize the expression of opinion or belief that is not rationally,
proximately or causally related to actual terrorist violence or harms. The offence
further does not require any likelihood that the support will assist the organization in
any way. It goes well beyond the accepted restrictions on freedom of expression under
international law concerning the prohibition of incitement to violence or hate speech…

We note that some proscribed organizations are de facto authorities
performing a diversity of civilian functions, including governance, humanitarian and
medical activities, and provision of social services, public utilities and education.
Expressing support for any of these ordinary civilian activities by the organization
could constitute expressing support for it, no matter how remote such expression is
from support for any violent terrorist acts by the group…

Further, the section 12(1A) offence does not require the person to intend to
encourage others to support the organization…

We are further concerned that the absence of legal certainty may have a
chilling effect on the media, public debate, activism, and the activities of civil society,
in a context where there is a heightened public interest in discussion of the conflict in
the Middle East, including the conduct of the parties and the underlying conditions
conducive to violence in the region. We are further concerned that a person could be
prosecuted for isolated remarks or sentences that mischaracterize the overall position
of the individual, or despite the individual’s intentions or continued and express
disavowal of terrorist violence, given the subjectivity and contested meanings of
certain expressions in relation to sensitive or controversial political conflicts…

We encourage your Excellency’s Government to repeal section 12(1A), or
otherwise to amend it to protect freedom of expression, and to develop prosecutorial
guidelines for its appropriate use to avoid the unnecessary or disproportionate
incrimination of political dissent…

We are concerned that police powers at UK border areas and ports under
schedule 7 may be unjustifiably used against journalists and activists who are critical
of Western foreign policy. We note that the examination of each journalist named in
this communication under schedule 7 was premeditated, and that the examination,
confiscation of devices, and DNA prints were conducted despite the apparent absence
of a credible “terrorist” connection. We are concerned that such powers carry a risk of
intimidating, deterring, and disrupting the ability of journalists to report on topics of
public importance without self-censorship…

We are concerned that the distinction between “examination” and “detention”
under the Act is artificial given the punitive sanctions for of non-compliance, and that
this distinction may be inconsistent with the accepted meaning of “arrest” or
“detention” under article 9 of the ICCPR. We are further concerned that the extensive
powers authorised under section 2 do not require any degree of suspicion that a person
falls within the meaning of “terrorist” at section 40(1)(b). The extreme breadth of
such power enables unnecessary, disproportionate, arbitrary or discriminatory
interference with an individual’s rights, including freedom from arbitrary detention,
freedom of movement under article 12(1) of the ICCPR, and the rights to leave and
enter one’s own country under article 12(2) and (4) of the ICCPR…

we refer your
Excellency’s government to article 17 of the ICCPR which requires that “[n]o one
shall be subjected to arbitrary or unlawful interference with [their] privacy, family,
home or correspondence, nor to unlawful attacks on [their] honour and reputation”.
We note that several journalists detained under schedule 7 have had their electronic
devices confiscated for a significant period of time and have not been updated on the
use, retention or destruction of their data, or advised in relation to their personal data
protection rights.

We urge your Excellency’s Government to consider the growing number of
instances where schedule 7 may have been inappropriately directed towards
journalists and activists, and to consider addressing this through amendments to the
legislation, guidance for relevant officials, and training of border security officers. We
further encourage your Excellency’s Government to address the judiciary’s concerns
regarding the retention of electronic data

It is a stunning letter well worth reading in full; the legal language and diplomatic formality does not disguise the extreme concern of the UN at the extraordinary authoritarian attack on freedom of speech in the UK.

I might reveal that some of the UN Special Rapporteurs who signed were very sceptical of the issue until studying the details. One told me personally they were too busy to look at such a minor problem; their attitude changed completely when faced with papers on the cases involved.

There is no sign the UN has given the Starmer government pause; human rights are extremely low on their agenda. Support for Israel and the crushing of pro-Palestinian sentiment, or of any criticism of western foreign policy, is extremely high on their agenda.

The legislation concerned has been brought into disrepute by the widespread support in public from Establishment figures for HTS in Syria, even though it remains a proscribed organisation and any expression of support is an offence under the Terrorism Act. To my knowledge, not one person has been charged or even questioned for supporting the HTS coup in Syria.

This occurred after the UN letter, but they could now mention extreme arbitrariness in police and prosecutorial application of the law in their critique. The Terrorism Act is being used to criminalise peaceful criticism of western foreign policy. There can be no doubt about that at all.

It also remains the case that there has not been one reference in UK mainstream media to the persecution of dissident journalists using terrorism laws. I don’t expect the prostitute stenographers to power to change that by covering this censure from the United Nations.

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