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James Freedland, (212) 519-7829 or 549-2666; media@aclu.org
The
American Civil Liberties Union is at Guantanamo to monitor the military
commission trial of Ali Hamza al-Bahlul scheduled to begin today. The
ACLU has been present as an independent observer at nearly every
military commission hearing since 2004 and continues to see no
indication that the proceedings are fair, impartial or in accordance
with constitutional principles.
The
American Civil Liberties Union is at Guantanamo to monitor the military
commission trial of Ali Hamza al-Bahlul scheduled to begin today. The
ACLU has been present as an independent observer at nearly every
military commission hearing since 2004 and continues to see no
indication that the proceedings are fair, impartial or in accordance
with constitutional principles.
"Clearly something is fundamentally
wrong with a system that admits evidence obtained through torture,
employs ad hoc rules that are made up on the fly and lacks meaningful
constitutional protections," said Jamil Dakwar, Director of the ACLU
Human Rights Program who is observing al-Bahlul's proceedings. "America
deserves better than a system that is so incompatible with universal
notions of fairness and justice."
Tainted by political interference,
the proceedings have been riddled with ethical and legal problems from
day one. Among other things, the proceedings allow the admission of
secret evidence, hearsay and evidence obtained through torture. The
Bush administration has admitted that at least three detainees in its
custody have been subjected to waterboarding. Currently, 253 detainees
classified as "alien unlawful enemy combatants" remain in U.S. custody
and only 25 have been charged before this flawed military commission
system.
Al-Bahlul, a Yemeni national, was
first tried in the original military commissions. After they were
struck down by the U.S. Supreme Court as unconstitutional, he was
charged in the new system after Congress passed the Military
Commissions Act in 2006. Al-Bahlul is alleged to be Osama bin Laden's
communications director and is charged with conspiracy to commit war
crimes, solicitation and material support to terrorism. In August,
al-Bahlul refused to accept military defense counsel and he continues
to represent himself in the current proceedings.
"These commissions don't even
resemble a legitimate justice system - they have become a farce in the
eyes of the world," said Dakwar. "There is absolutely no reason to
continue this sham a single day longer."
The ACLU is one of four
organizations that have been granted status as human rights observers
at the military commission proceedings. In addition to monitoring the
commissions, the ACLU has repeatedly called on Congress and the Bush
administration to shut down the U.S. detention facility at Guantanamo
Bay.
In May 2007, the ACLU endorsed
legislation introduced by Senator Tom Harkin (D-IA) that would close
the Guantanamo facility and end the practice of indefinite detention.
It would also provide a push for the government to finally charge the
Guantanamo detainees, some of whom have been held without charge for
over six years.
Dakwar will post a series of blogs
containing his comments and observations from the hearings on the
ACLU's Blog of Rights, which can be found at: blog.aclu.org
Additional information about the ACLU's work related to the detention of prisoners at Guantanamo Bay can be found online at: www.aclu.org/gitmo
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
(212) 549-2666
"The window of opportunity to deliver assistance is now, today, not tomorrow," said the deputy director-general of the United Nations Food and Agriculture Organization.
A top official at the United Nations Food and Agriculture Organization said Monday that food availability across Gaza has reached "an all-time low" under Israel's suffocating blockade, which has heavily restricted the entrance of lifesaving humanitarian assistance and plunged the enclave into famine.
"Food supply has sharply deteriorated," FAO Deputy Director-General Beth Bechdol said at a conference in Cairo, Egypt. "The window of opportunity to deliver assistance is now, today, not tomorrow. Food, medicine, and fuel are self-evident priorities, but we must also prioritize the ability to grow food locally where it is needed most to ensure survival."
Bechdol's grim assessment came weeks after the Biden administration pressured Israel to improve conditions on the ground in Gaza, which has been utterly devastated by more than a year of bombing.
Aid organizations say that far from improving, Gaza's humanitarian crisis has only gotten worse since the Biden administration threatened to cut off the supply of U.S. weapons to Israel. Last month, the U.S. effectively dropped its pressure campaign by concluding that Israel was not violating international law by blocking American humanitarian assistance.
Most of Gaza's population is currently experiencing "high levels of food insecurity," according to the latest Integrated Food Security Phase Classification (IPC) figures, and the "risk of Famine persists across the whole Gaza Strip."
"The catastrophe in Gaza is nothing short of a complete breakdown of our common humanity. The nightmare must stop."
In addition to obstructing aid deliveries, Israeli forces have decimated Gaza's agricultural infrastructure and cropland, repeatedly attacked aid workers, and facilitated the looting of humanitarian supplies, fueling desperation among Gaza's starving population. Last week, as The Associated Pressreported, "two children and a woman were crushed to death... as a crowd of Palestinians pushed to get bread at a bakery in the Gaza Strip amid a worsening food crisis in the war-ravaged territory."
Amina Mohammed, the U.N.'s deputy secretary-general, said at the Cairo conference on Monday that "conditions for Palestinians in Gaza are appalling and apocalyptic," with malnutrition running "rampant" and famine "imminent."
"In the past four months alone, nearly 19,000 children were hospitalized due to acute malnutrition—nearly double the cases in the first half of the year," Mohammed said. "In the face of the gigantic needs, humanitarian aid is—outrageously—being blocked. This flies in the face of the clear requirements under international humanitarian law to respect and to protect civilians and to ensure their essential needs are met."
"It's past time for an immediate cease-fire and the immediate and unconditional release of all hostages," she added. "The catastrophe in Gaza is nothing short of a complete breakdown of our common humanity. The nightmare must stop. We cannot continue to look away."
Israeli airstrikes killed nearly a dozen people in southern Lebanon on Monday, heightening fears that a tenuous cease-fire agreement is on the verge of collapse.
The Israeli military on Monday carried out a series of airstrikes in southern Lebanon, killing nearly a dozen people and further imperiling a fragile cease-fire agreement that Israel has been accused of violating dozens of times since the deal took effect last week.
Israel's latest strikes came after Hezbollah fired a pair of projectiles in the direction of Israeli-occupied territory known as Shebaa Farms. Israel's military, which condemned the Hezbollah attack as a violation of the cease-fire deal, said the projectiles did not cause any casualties, as they fell in open areas.
The Israeli outlet Ynetreported that Israel "acted against alleged Hezbollah violations without consulting the international committee tasked with monitoring compliance under the agreement."
CNNnoted Monday that Hezbollah's projectile fire was a response to "repeated Israeli strikes that have hit Lebanon daily since Thursday, the day after the cease-fire came into force." A United Nations peacekeeping source told the outlet that Israel has violated the cease-fire deal "about 100 times."
About the Lebanon ceasefire Biden is so proud of — CNN just reported that "Israel has violated that ceasefire about 100 times." pic.twitter.com/w172R5VrQM
— Ken Klippenstein (@kenklippenstein) December 2, 2024
In a statement, Hezbollah accused Israel of "firing on civilians" and launching "airstrikes in different parts of Lebanon, which led to the death of citizens and the injury of others, in addition to the continued violation of Lebanese airspace by hostile Israeli aircraft reaching the capital Beirut."
The cease-fire deal brokered by France and the United States includes a 60-day period during which Israel must halt "offensive military operations against Lebanese targets" and withdraw its forces from southern Lebanon. The agreement was announced after weeks of relentless Israeli bombings and ground attacks in Lebanon that killed thousands of people and displaced more than a million.
The U.S., Israel's main ally and weapons supplier, assured Israel that a cease-fire agreement would not limit its ability to attack Lebanon whenever it perceives a threat, calling into question the deal's legitimacy.
Asked about alleged violations of the cease-fire agreement, U.S. State Department spokesman Matthew Miller told reporters Monday that "the cease-fire is holding" and the Biden administration is examining potential violations in partnership with the government of France.
"Ultimately, what we don't want to see is the cease-fire break down, and we have not seen the cease-fire break down," Miller said.
But the Biden administration has reportedly told Israel privately that it is "concerned" the cease-fire deal could collapse.
"The Israelis have been playing a dangerous game in recent days," an unnamed U.S. official told Axios.
One Israeli official, according toAxios, "admitted that the current situation could lead to the collapse of the cease-fire but stressed it will depend on how Hezbollah responds" to Israel's latest round of airstrikes.
"Someone tell Trump that Israel already unleashed hell on Gaza, and hostages were not released."
In an early signal of U.S. President-elect Donald Trump's foreign policy plans for when he returns to office next month, the Republican said Monday "there will be ALL HELL TO PAY in the Middle East" if Hamas does not release hostages taken from Israel, the occupying military force in both the West Bank and Gaza Strip.
Trump demanded hostages seized during the October 7 attack of last year be released or his promised retribution would follow. Nearly 45,000 Palestinians have already been killed—mostly civilian men, women, and children—since Israel launched a full-scale invasion of Gaza in the wake of the Hamas-led operation.
Of the 251 people taken captive last year, 63 are believed to be still alive in Gaza, according toThe Washington Post's tracker, which was updated last week. So far, 117 others have been freed or rescued and 71 have been confirmed killed.
After dining with Sara Netanyahu, the wife of Israel's prime minister, at the Trump International Golf Club in Florida Sunday night, the U.S. president-elect made his threat about the hostages on his Truth Social platform Monday afternoon.
"Everybody is talking about the hostages who are being held so violently, inhumanely, and against the will of the entire World, in the Middle East," Trump wrote. "But it's all talk, and no action! Please let this TRUTH serve to represent that if the hostages are not released prior to January 20, 2025, the date that I proudly assume Office as President of the United States, there will be ALL HELL TO PAY in the Middle East, and for those in charge who perpetrated these atrocities against Humanity."
"Those responsible will be hit harder than anybody has been hit in the long and storied History of the United States of America," Trump added. "RELEASE THE HOSTAGES NOW!"
Stephen Pollard, editor-at-large The Jewish Chronicle, responded that "this is the message the president of the USA should have sent on October 8, 2023."
Noting Pollard's comments, Rohan Talbot, director of advocacy and campaigns at the U.K.-based Medical Aid for Palestinians, said: "Genuinely interested to know what Stephen thinks the U.S. could have supported Israel to do in Gaza beyond what it currently has. Nukes?"
"This statement is unhinged—'there will be ALL HELL TO PAY in the Middle East,'" Talbot added.
Andreas Krieg, a senior lecturer in the School of Security Studies at King's College London, said, "Someone tell Trump that Israel already unleashed hell on Gaza, and hostages were not released."
Drop Site Newshighlighted that "Trump's statement—which follows a video released over the weekend by Hamas' armed wing featuring U.S.-Israeli captive Edan Alexander and explicitly addressing Trump—does not acknowledge that Netanyahu has repeatedly sabotaged cease-fire deals that could have freed Israeli hostages. It also appears timed to position himself to claim credit for any progress in cease-fire talks, as negotiations between Hamas and Egyptian mediators are already underway."
As the American Jewish outlet Forwardreported Monday:
The White House is attempting a final push to get... a deal done. President Joe Biden said last week that the cease-fire between Israel and Hezbollah in Lebanon had created an opportunity to reignite stalled negotiations for a similar deal in Gaza. "We will use every day we have in office to try to generate as much progress towards that end as possible," Jake Sullivan, Biden's national security adviser, said Sunday morning on ABC's "This Week."
Given the failed efforts in the past, the families of the American hostages are hoping Trump could leverage his popularity in Israel and his relationship with Israeli Prime Minister Benjamin Netanyahu to take immediate action during the transition period. "Trump must not wait until he is inaugurated to help reach a deal that secures the freedom for Edan, six other Americans, and the rest of the hostages," Adi and Yael Alexander, the parents of Edan, said on Saturday.
Despite an abundance of evidence showing how Israel is using U.S. weapons to slaughter civilians in Gaza and severely restricting the flow of humanitarian aid while claiming to target Hamas, Biden and Congress have refused to cut off arms to Netanyahu's government. In fact, just hours after the cease-fire between the Israeli government and Hezbollah took effect—a deal that Israel has since violated approximately 100 times—the Financial Times reported last week that "Biden has provisionally approved a $680 million weapons sale to Israel."