November, 13 2008, 11:34am EDT
For Immediate Release
Contact:
Marjorie
Cohn, NLG President, libertad48@san.rr.com,
619-374-6923
Jeanne
Mirer, NLG International Committee, mirerfam@earthlink.net,
313-515-2046
NLG Calls on Obama to Close Guantanamo, Opposes National Secuity Courts
After
September 11, 2001, George W. Bush established the Guantanamo
Bay prison to enable the
United States to imprison
non-Americans indefinitely outside the reach and protection of both U.S.
and international law. The military
commissions and their trial procedures, created under the Military Commissions
Act of 2006, have been universally condemned by jurists, scholars and human
rights specialists as violating minimum fair trial standards and of being a sham
intended to secure convictions.
WASHINGTON
After
September 11, 2001, George W. Bush established the Guantanamo
Bay prison to enable the
United States to imprison
non-Americans indefinitely outside the reach and protection of both U.S.
and international law. The military
commissions and their trial procedures, created under the Military Commissions
Act of 2006, have been universally condemned by jurists, scholars and human
rights specialists as violating minimum fair trial standards and of being a sham
intended to secure convictions.
The
National Lawyers Guild (NLG) calls
on President-electBarack Obama to, on the first day of his presidency,
issue a presidential order closing Guantanamo Bay prison and ending military
commissions.
The
NLG also urges
President-elect Obama to thereafter, ensure that Guantanamo Bay prisoners are
released, repatriated, resettled, or brought to trial (if there is probable
cause to believe they have committed a crime) in strict accordance with
international human rights and humanitarian law, and the principles of
fundamental justice pertaining to criminal proceedings including, but not
limited to, the Four Geneva Conventions of 1949, the Convention
against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment
and the International Covenant on Civil and Political Rights. The United
States has ratified all of these treaties which makes their
provisions binding U.S. law under the Supremacy Clause
of the Constitution.
The
NLG opposes the establishment of special national security courts. Although
President-elect Obama said in August, "It's time to better protect the
American people and our values by bringing swift and sure justice to terrorists
through our courts and our Uniform Code of Military Justice,"
three Obama advisers told the Associated Press that the President-elect is
expected to propose a new court system to deal with "sensitive national security
cases." Concerns have been cited
about disclosure of classified information in civilian courts and
courts-martial.
However,
the Classified Information Procedures Act (CIPA) provides a comprehensive and
effective method of protecting classified information in existing
U.S. courts. CIPA allows a judge to assess the
importance of sensitive evidence before it is disclosed in open court and, if
necessary, create a nonclassified substitute for use at trial. Former federal prosecutors Richard B.
Zabel and James J. Benjamin, Jr. studied the 107 post-9/11 cases and prepared a
171-page white paper for Human Rights First called In Pursuit of Justice: Prosecuting Terrorism
Cases in the Federal Courts. They wrote, "[w]e are not aware of a single
terrorism case in which CIPA procedures have failed and a serious security
breach has occurred." National
security courts, they write, "would give the government more power and make it
easier for the government to secure convictions."
"Guantanamo
Bay prison is a legal black hole
that has become a symbol of injustice, abuse, and U.S. hypocrisy,"
said National Lawyers Guild President Marjorie Cohn. "The National Lawyers Guild called for
its closure in 2005 and we are hopeful that President-elect Barack Obama will
finally end this disgraceful chapter in U.S. history."
The National Lawyers Guild (NLG) works to promote human rights and the rights of ecosystems over property interests. It was founded in 1937 as the first national, racially-integrated bar association in the U.S.
(212) 679-5100LATEST NEWS
Russia Says 40 Killed in Fiery Attack on Concert Hall Near Moscow
While the attack comes over two years into Russia's war on Ukraine, an adviser for the Ukrainian president said the neighboring nation "certainly has nothing to do with the shooting/explosions in the Crocus City Hall."
Mar 22, 2024
This is a developing story… Please check back for possible updates...
At least dozens of people were killed and wounded when individuals reportedly armed with automatic weapons opened fire at Crocus City Hall, a concert venue in suburban Moscow, Russia.
"According to preliminary data, as a result of the terrorist attack at the Crocus City Hall building 40 people were killed and over 100 were injured," Russia's Federal Security Service (FSB) said in a statement reported by TASS.
Citing eyewitnesses, the Russian news agency reported that the group of unidentified men "armed with assault rifles went on a shooting spree in the lobby and then inside the concert hall just before a concert by the rock band Picnic."
As The Moscow Timesdetailed:
According to a journalist who was at Crocus City Hall during the attack, a grenade or an incendiary bomb was thrown after the shooting broke out and caused a fire.
"People in the hall were lying down on the floor to escape from the shooting, lying between 15 and 20 minutes, after which they began to crawl out. Many managed to get out," the unnamed journalist was quoted as saying by RIA Novosti.
The attack comes on the heels of Russian President Vladimir Putin's contested reelection and over two years into Russia's invasion of Ukraine, which has received weapons support from around the world, including the United States.
In a lengthy social media post, Mykhailo Podolyak, an adviser to Ukrainian President Volodymyr Zelenskyy, said that "Ukraine certainly has nothing to do with the shooting/explosions in the Crocus City Hall."
"There is not the slightest doubt that the events in the Moscow suburbs will contribute to a sharp increase in military propaganda, accelerated militarization, expanded mobilization, and, ultimately, the scaling up of the war," Podolyak added. "And also to justify manifest genocidal strikes against the civilian population of Ukraine."
According toThe Guardian, John Kirby, the White House national security spokesperson, told reporters that "there's no indication at this time that Ukraine, or Ukrainians were involved in the shooting... We're taking a look at it, but I would disabuse you at this early hour of any connection to Ukraine."
Asked whether the attack signals cracks in Putin's regime, Kirby said that "there are people in Moscow and in Russia that object to the way Mr. Putin is governing the country, but I don't think we, at this early hour, can make a link between the shopping mall attack and political motivations. I think... we just need more time and we need to learn more information."
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Just 22 House Dems Oppose Bill That Bars UNRWA Funding While Giving Billions to Israel
"Our elected leaders are funding Palestinian death," said one advocacy group.
Mar 22, 2024
The House of Representatives on Friday approved a sprawling government spending package that prohibits U.S. funding for the United Nations' Palestinian refugee agency for at least a year and hands Israel billions of dollars in unconditional military assistance, even as the country massacres and starves Gaza civilians.
The 1,012-page legislation passed in a 286-134 vote, with 112 Republicans and just 22 Democrats opposing the bill. All but one of the bill's Democratic opponents are members of the Congressional Progressive Caucus (CPC).
Rep. Pramila Jayapal (D-Wash.), the chair of the CPC, said in a statement after voting against the measure that she is "very concerned that this package continues funding for the Netanyahu government with no conditions, while at the same time prohibiting funding" for the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA)
"For decades, UNRWA has played a unique and integral role in supporting the welfare and survival of Palestinians in several countries," said Jayapal. "Humanitarian aid in the region is already severely restricted. Implementing a prohibition on UNRWA funding is irresponsible and unacceptable. As the largest contributor of funding to Israel, we should use our funding leverage to demand that humanitarian aid enter Gaza and that we have a lasting cease-fire and a return of all hostages."
In a
social media post ahead of Friday's vote, Rep. Ro Khanna (D-Calif.) announced his intention to "vote no on this bill that bans aid to children in Gaza who are dying of hunger."
"Forget the politics and procedural jargon," Khanna wrote. "This is a test of first principles. The America I believe in must never be indifferent to the man-made starvation of children."
The legislation now heads to the Senate, which must pass the bill by Friday night to avert a partial government shutdown.
"Instead of banning funding for UNRWA, the U.S. should restore its aid to Gaza and halt weapons transfers to the Israeli military. No more money for massacre."
If passed and signed into law by President Joe Biden, the measure would bar the U.S. from resuming funding for UNRWA until at least March 25, 2025. The Biden administration and other Western governments suspended donations to UNRWA in January after Israel accused a dozen of the agency's 13,000 Gaza employees of taking part in the October 7 Hamas-led attack—allegations it has not substantiated.
While Canada, Finland, and other countries have since resumed funding for UNRWA, the U.S. has kept its contributions frozen as famine spreads rapidly in Gaza. The territory's entire population is facing "high levels of acute food insecurity," according to the Integrated Food Security Phase Classification.
By including such a provision in must-pass government funding legislation, Congress is "further deepening U.S. complicity in Israel's starvation of Palestinian children," said Josh Ruebner, an adjunct lecturer at Georgetown University and the former policy director of the U.S. Campaign for Palestinian Rights.
While barring U.S. funding for the primary humanitarian relief agency in Gaza, the measure includes $3.8 billion in military support for Israel, whose forces have used
U.S.-made weaponry to commit atrocities against civilians in the Palestinian enclave.
As Security Policy Reform Institute co-founder Stephen Semler pointed out, the bill also prohibits U.S. funding for the United Nations commission that is investigating potential war crimes committed in the occupied Palestinian territories and Israel.
The House just passed a bill that cements genocide as official US policy. The legislation gives Israel $3.8 billion in weapons, sanctions UNRWA as Palestinians starve, and defunds a UN investigation into Israel's violations of international law.
All but 22 Democrats voted for it pic.twitter.com/8q9xaMVeJI
— Stephen Semler (@stephensemler) March 22, 2024
IfNotNow, an American Jewish group that campaigns for Palestinian rights, said in response to Friday's vote that "our elected leaders are funding Palestinian death."
"It's unsurprising that the GOP is working to ban funding for UNRWA while the Israeli military massacres and starves Palestinians in Gaza with U.S. financial and diplomatic backing," the group said. "It's unconscionable that so many Democrats are joining them."
"Instead of banning funding for UNRWA, the U.S. should restore its aid to Gaza and halt weapons transfers to the Israeli military," IfNotNow added. "No more money for massacre."
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US Pariah Status Grows as Finland Resumes UNRWA Funding
"Collectively punishing millions of Palestinians over allegations concerning a few individuals is never acceptable," said one campaigner. "Other E.U. member states must follow."
Mar 22, 2024
As the United States doubled down on banning funds for the United Nations agency for Palestinian refugees, Finland said Friday that it would resume contributions to the lifesaving organization in an implicit rebuke of unsubstantiated Israeli claims—reportedly extracted via torture—that staff members were involved in the October 7 attacks.
Finnish Minister for Foreign Trade and Development Ville Tavio announced during a press conference that the country's €5 million ($5.4 million) annual contribution to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) would be reinstated, with 10% of the funding reserved for "risk management."
"Improving UNRWA's risk management, i.e. starting to prevent abuses and close supervision, gives us sufficient guarantees at this stage from the perspective of risk management that support can continue," said Tavio. "As a result, UNRWA's support for this year will proceed."
"In the future, UNRWA will also require annual bilateral discussions with Finland on how to improve the efficiency of risk management," the minister added. "It is of paramount importance to ensure that our money does not end up benefiting terrorism."
Led by the United States, more than a dozen nations including Finland suspended UNRWA funding after Israeli officials accused 12 of the agency's 13,000 employees in Gaza of participating in the Hamas-led attacks on southern Israel.
UNRWA Commissioner-General Philippe Lazzarini terminated nine of the 12 employees accused by Israel. However, Lazzarini later admitted to having no evidence to support their firing, calling the terminations an act of "reverse due process." An Israeli dossier cited by countries suspending UNRWA funding also contained no concrete evidence of staff involvement in the October 7 attacks.
U.S. Sen. Chris Van Hollen (D-Md.) earlier this week called Israeli claims that UNRWA is a Hamas proxy "flat-out lies."
UNRWA employees say they were tortured into making false confessions about involvement in Hamas and October 7. The staffers accuse Israeli interrogators of severely beating and waterboarding them, as well as threatening to harm their relatives.
The European Union and nations including Canada, Sweden, Denmark, and Australia subsequently resumed funding for UNRWA, while other contributors including Saudi Arabia increased their donations.
"For the time being there is no alternative to UNRWA," Danish Minister for Development Cooperation Dan Jørgensen said earlier this week.
The United States, however, continues to withhold UNRWA contributions, as do other nations including Japan, Germany, France, and the United Kingdom. An agreement reached earlier this week between Congress and the White House as part of a $1.1 trillion militarized spending package extends the ban on UNRWA funding until next March.
On Friday, the House of Representatives voted 286-134 on a bill sanctioning UNRWA while giving Israel $3.8 billion in armed aid. The Biden administration is also seeking an additional $14.3 billion in armed assistance for Israel while repeatedly sidestepping Congress to expedite emergency weapons shipments.
UNRWA supports Palestinian refugees not only in Gaza and the illegally occupied West Bank and East Jerusalem, but also in Jordan, Lebanon, and Syria. In Gaza, agency staff provide shelter, food, water, clothing, blankets, and other essential humanitarian assistance amid Israel's genocidal war and siege, which have killed and maimed more than 113,000 Palestinians while displacing around 90% of the embattled strip's 2.3 million people. With deadly starvation spreading rapidly in Gaza, the agency's work is more needed than ever.
It's perilous work. According to figures from the Aid Worker Security Database, at least 196 humanitarian workers—most of them UNRWA staffers in Gaza—have been killed in Palestine since last October. One in every 100 UNRWA workers in Gaza has been killed by Israeli bombs and bullets, the highest toll in United Nations history.
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