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Lawyers for US citizen Bilal Abdul Kareem have filed their response to the Government, in a case that will establish whether the U.S. can assassinate its own citizens, without telling them why or offering them their constitutional right to due process.
Mr Kareem alleges that he was nearly killed by US missiles on five separate occasions in 2016, while working as a journalist in Syria. In June 2018, the U.S. District Court for the District of Columbia held that he could plausibly infer that he had been placed on the 'kill list' - and that the Government must afford him his due process right to find out why.
The Government's lawyers subsequently sought to have the case thrown out on the grounds that it would prejudice national security if state secrets were to be revealed at trial - effectively arguing that the U.S. drone programme operates beyond the reach of the Constitution, even when it targets Americans.
In their response to the Government's motion to dismiss, Mr Kareem's lawyers, Lewis Baach Middlemiss and Reprieve, write: "By invoking the state secrets privilege in the context of designating a U.S. citizen for lethal action, the government seeks to shield itself from all inquiry into the process by which it acts as prosecutor, judge, jury and executioner of plaintiff Bilal Abdul Kareem.
"The consequences of this action are too severe, and the right [to due process] too foundational to a constitutional democracy, to allow the government to secretly condemn an American citizen to death".
Lawyers for the Government previously argued that offering Mr Kareem an opportunity to present evidence that he has been targeted for assassination would in itself constitute due process, but that the Government is under no legal obligation to respond. Mr Kareem's lawyers write: "Due process would not be satisfied by limiting the accused to unilaterally contending that he is innocent of unknown charges in the hopes of persuading a silent, opaque coterie of government officials not to kill him."
Reprieve's Jennifer Gibson, co-counsel for Mr Kareem, said: "The Government's assertion that it has the right to mark its own citizens for death, based on secret information, without affording them the legal protections offered by the Constitution, is chilling. Denying Mr Kareem his right to meaningful due process, on the grounds of national security, would set a dangerous and terrifying precedent."
Reprieve is a UK-based human rights organization that uses the law to enforce the human rights of prisoners, from death row to Guantanamo Bay.
"We grieve for all this unthinkable loss. And with our grief, we also rage," said Jewish Voice for Peace. "The Israeli government's domination and oppression of Palestinians is the root cause of each of these senseless, tragic deaths."
Human rights defenders condemned a Friday attack outside a synagogue in an illegal Israeli settlement by a Palestinian gunman who murdered at least seven people—a massacre that followed the killing of 10 Palestinians by Israeli forces during a raid in the occupied West Bank Thursday.
TheTimes of Israelreports the unidentified gunman shot and killed seven people and wounded three others during the Friday evening attack in Neve Yaakov in East Jerusalem. Friday is International Holocaust Remembrance Day. The attacker was shot dead during a gunfight with police as he attempted to flee into the Palestinian neighborhood of Beit Hanina. An ambulance service said the deceased ranged in age from 20 to 70.
In a statement, Stéphane Dujarric, spokesperson for United Nations Secretary-General António Guterres, said the U.N. chief "strongly condemns today's terrorist attack by a Palestinian perpetrator outside a synagogue in Jerusalem, which claimed the lives of at least seven Israelis and injured several others."
"It is particularly abhorrent that the attack occurred at a place of worship, and on the very day we commemorated International Holocaust Remembrance Day," Dujarric added. "There is never any excuse for acts of terrorism. They must be clearly condemned and rejected by all."
\u201c\ud83d\udea85 #Israelis killed & 5 wounded in a shooting attack near a synagogue in the Neve Yaakov settlements in occupied East Jerusalem.\n\nViolence begets violence begets violence....\n\nPeople don't understand how close the occupied territories are to a full disastrous explosion!\u201d— Muhammad Shehada (@Muhammad Shehada) 1674846498
Tom Nides, the U.S. ambassador to Israel, tweeted that he is "shocked and disgusted at this heinous terrorist attack on innocent people, including children. Praying for all of the victims and their loved ones."
The synagogue massacre came one day after Israeli occupation forces killed 10 Palestinians including an elderly woman and wounded around 20 others during an early morning raid on the Jenin refugee camp. Israeli forces then bombed Gaza early on Friday morning after Palestinian resistance fighters fired two rockets at Israel.
The Jenin raid was part of Operation Breakwater, a nine-month campaign targeting Palestinian resistance in the camp and nearby Nablus. Human rights groups say 30 Palestinians, both fighters and civilians, have been killed so far by Israeli forces in 2023. Last year was the deadliest year for West Bank Palestinians since the second intifada—or general uprising—a generation ago, with 150 people including 33 children killed. Another 53 Palestinians were killed by Israeli forces in Gaza in 2022.
\u201cInstead of linking today's terrible attack in Jerusalem to Holocaust Remembrance Day, which it has nothing to do with, you might connect it instead to the 30 Palestinians that have been killed by Israel just this month. This is a cycle of violence borne of Israeli apartheid.\u201d— Arielle Angel (@Arielle Angel) 1674851482
In a statement following the synagogue murders, the U.S.-based group Jewish Voice for Peace (JVP) called the attack "the inevitable, horrifying outcome of decades of Israeli apartheid"
"We grieve for all this unthinkable loss. And with our grief, we also rage. The Israeli government's domination and oppression of Palestinians is the root cause of each of these senseless, tragic deaths," JVP contended.
"The violent, racist speech coming from the Israeli government makes it clear that the Israeli military will continue to escalate its violent attacks on Palestinians. Already the Israeli army has invaded Palestinian neighborhoods in occupied East Jerusalem," the group said.
\u201c10 killed in #Jenin and now 5 dead, 5 wounded in Jerusalem shooting attack: these are the ENTIRELY PREDICTABLE RESULTS of a vicious extremist #Israeli government that leaves no room for hope, no room for peace, more to come. https://t.co/kQt5NgIMw3\u201d— Sarah Leah Whitson (@Sarah Leah Whitson) 1674845638
What we are witnessing is not a "conflict," a "clash," or a "war" between two equal parties. There is no mistaking the massive disparity of power between the Israeli government and the Palestinians it targets. Backed by $3.8 billion in annual military funding from the U.S. government, the Israeli government controls, dominates, and dispossesses Palestinian lives and lands.
"We are on the side of unconditional commitment to justice, equality, freedom, and dignity for all people, no exceptions," JVP added. "To achieve a future where all are safe and free, we must end the Israeli government's settler-colonial apartheid regime."
"We have sought and aspired to be an example, to uphold international law," said Rep. Alexandria Ocasio-Cortez. "Instead the administration is making it effectively impossible to seek refuge at our border."
Arguing that the Biden administration's expansion of the Trump-era Title 42 anti-asylum policy is not only immoral but also illegal, U.S. Rep. Alexandria Ocasio-Cortez is leading nearly 80 of her fellow Democratic lawmakers in calling on President Joe Biden to instead keep his earlier promise to end the policy that's expelled more than 2.5 million migrants since 2020.
The New York Democrat joined Sens. Robert Menendez (D-N.J.) in spearheading a letter signed by a bicameral coalition of lawmakers to "applaud the creation of new legal pathways for Cubans, Haitians, and Nicaraguans" that the Biden administration announced earlier this month, while expressing "great concern" over the restrictions that were paired with those pathways.
"Last year, we welcomed your administration's announcement that it would move to end Title 42, and we continue to support your efforts in the courts to ensure a timely end to the policy," wrote the lawmakers in the Thursday letter. "We are therefore distressed by the deeply inconsistent choice to expand restrictions on asylum-seekers after your administration determined it was no longer necessary for public health. Title 42 circumvents domestic law and international law."
"We urge the Biden administration to engage quickly and meaningfully with members of Congress to find ways to adequately address migration to our southern border that do not include violating asylum law and our international obligations."
The letter was sent three weeks after the administration announced that under Title 42—which was first used by former Republican President Donald Trump to refuse entry into the U.S. to migrants at the southern border during the Covid-19 pandemic, with Trump claiming the policy was needed to protect public health—30,000 migrants from Nicaragua, Cuba, and Haiti will be able to enter the country legally each month through a humanitarian parole program and U.S.-based financial sponsors.
If people from those countries try to enter the U.S. without going through an official port of entry, they will face immediate expulsion to Mexico, with the Mexican government committing to accept 30,000 deported refugees per month.
At a press conference outside the U.S. Capitol on Thursday, Ocasio-Cortez said by expanding the Title 42 program, Biden is violating human rights that are "enshrined in domestic and international law."
"We have sought and aspired to be an example, to uphold international law," said the congresswoman. "Instead the administration is making it effectively impossible to seek refuge at our border."
\u201cGreat to see @AOC highlight that Title 42 isn\u2019t just amoral, it\u2019s illegal.\n\n\u201cLast year Pres Biden promised to end Title 42. Instead he's now expanding restrictions on asylum. But the right to seek asylum is enshrined in domestic and international law.\u201d\u201d— Sawyer Hackett (@Sawyer Hackett) 1674781507
The lawmakers also raised alarm about a rulemaking process the Biden administration said it would begin to require migrants to first apply for asylum in a third "transit country" instead of exercising their legal right to asylum at the U.S.-Mexico border.
The 9th Circuit Court of Appeals found that Trump's "third country transit ban" violated U.S. asylum laws which prohibit the government from turning people away if they are not "firmly resettled" in another country where they are safe.
"At the time of this ruling, countries across the Western Hemisphere were unable to meet such requirements," wrote the lawmakers. "There does not appear to be evidence to show that country conditions in transit countries have improved since the relevant appellate decision was rendered as to justify a new third country transit [ban]."
Title 42 was also struck down by a district court in November, but the U.S. Supreme Court allowed the policy to continue for the time being last month. The court is set to hear arguments on the case in February.
The Democrats called on the president to work closely with Congress, which passed the Refugee Act of 1980 and affirmed that people fleeing persecution on "account of race, religion, nationality, membership in a particular social group, or political opinion" are legally permitted to seek asylum in the United States.
"We urge the Biden administration to engage quickly and meaningfully with members of Congress to find ways to adequately address migration to our southern border that do not include violating asylum law and our international obligations," said the lawmakers. "When Congress established the right to asylum, it did so without such requirements on where people may have previously traveled through or other pathways available. It is, in fact, necessary that asylum must be maintained and strengthened to ensure that safety is within reach, particularly for the most vulnerable."
A new manifesto calls for building "a sustainable social pact for the 21st century" in which "our rights are guaranteed, not based on our ability to pay, or on whether a system produces profit, but on whether it enables all of us to live well together in peace and equality."
An international coalition made up of more than 200 trade unions and progressive advocacy groups on Thursday published the Santiago Declaration, a manifesto for "a complete overhaul of our global economic system."
The undeniably anti-neoliberal document proclaiming that "our future is public" is the product of a meeting held in Chile—the "laboratory of neoliberalism" where Milton Friedman and his University of Chicago acolytes' upwardly redistributive economic model was first imposed at gunpoint by Gen. Augusto Pinochet's military junta.
From November 29 to December 2, more than 1,000 organizers from over 100 countries gathered in Santiago and virtually to germinate a left-wing movement against "the dominant paradigm of growth, privatization, and commodification."
"Who owns our resources and our services is fundamental. A public future means ensuring that everything essential to dignified lives is out of private control."
"We are at a critical juncture," the manifesto begins. "At a time when the world faces a series of crises, from the environmental emergency to hunger and deepening inequalities, increasing armed conflicts, pandemics, rising extremism, and escalating inflation, a collective response is growing."
"Hundreds of organizations across socioeconomic justice and public services sectors—from education and health services, to care, energy, food, housing, water, transportation, and social protection—are coming together to address the harmful effects of commercializing public services, to reclaim democratic public control, and to reimagine a truly equal and human rights-oriented economy that works for people and the planet," reads the document. "We demand universal access to quality, gender-transformative, and equitable public services as the foundation of a fair and just society."
The Santiago Declaration continues:
The commercialization and privatization of public services and the commodification of all aspects of life have driven growing inequalities and entrenched power disparities, giving prominence to profit and corruption over people's rights and ecological and social well-being. It adversely affects workers, service users, and communities, with the costs and damages falling disproportionately on those who have historically been exploited.
The devaluation of public service workers' social status, the worsening of their working conditions, and attacks against their unions are some of the most worrying regressions of our times and a threat to our collective spaces. This is deeply linked with the patriarchal organization of society, where women as workers and carers are undervalued and absorb social and economic shocks. They are the first to suffer from public sector cuts, losing access to services and opportunities for decent work, and facing a rising burden of unpaid care work.
Austerity cuts in public sector budgets and wage bills are driven by an ideological mindset entrenched in the International Monetary Fund and many ministries of finance that serve the interests of corporations over people, perpetuating dependencies and unsustainable debts. Unfair tax rules, nationally and internationally, enable vast inequalities in the accumulation and concentration of income, wealth, and power within and between countries. The financialization of a wide range of public actions and decisions hands over power to shareholders and undermines democracy.
Against the heavily privatized status quo, "we commit to continue building an intersectional movement for a future that is public," the document says. "One where our rights are guaranteed, not based on our ability to pay, or on whether a system produces profit, but on whether it enables all of us to live well together in peace and equality: our buen vivir."
According to Global Justice Now, the Transnational Institute, and other signatories, the creation of an egalitarian and sustainable society hinges on ensuring universal access to life-sustaining public goods delivered by highly valued workers.
"We need to take back control of decision-making processes and institutions from the current forms of corporate capture to be able to decide for what, for whom, and how we provide."
"Who owns our resources and our services is fundamental," the manifesto argues. "A public future means ensuring that everything essential to dignified lives is out of private control, and under decolonial forms of collective, transparent, and democratic control."
\u201cThe Santiago Declaration calls us to build a public future - where quality education, health & other #PublicServices are guaranteed regardless of ability to pay & w/o commercial control.\n@Oxfam is proud to have supported this effort! https://t.co/OvqARJOy4E\n\n#OurFutureIsPublic\u201d— Oxfam International (@Oxfam International) 1674739224
As the Santiago Declaration explains:
A future that is public also means creating the conditions for enabling alternative production systems, including the prioritization of agroecology as an essential component of food sovereignty. To that end, we need to take back control of decision-making processes and institutions from the current forms of corporate capture to be able to decide for what, for whom, and how we provide, manage, and collectively own resources and public services.
The public future will not be possible without taking bold collective national action for ambitious, gender-transformative, and progressive fiscal and economic reforms, to massively expand financing of universal public services. These reforms must be complemented by major shifts in the international public finance architecture, including transformations in tax, debt, and trade governance.
Democratizing economic governance towards truly multilateral processes is critical to overhaul the power of dominant neoliberal organizations and reorient national and international financial institutions away from the racial, patriarchal, and colonial patterns of capitalism and towards socioeconomic justice, ecological sustainability, human rights, and public services. It is equally essential to enforce the climate and ecological debt of the Global North, to carry out an expedited reduction of energy and material resource use by wealthy economies, to hold big polluters liable for their generations-long infractions, to accelerate the phasing-out of fossil fuels, and to prioritize finance system change.
The call to build "a sustainable social pact for the 21st century," the coalition observes, "follows years of growing mobilization around the world."
During Friday's opening session, former Greek Finance Minister Yanis Varoufakis called for the establishment of a movement capable of dismantling "the existing, exploitative, catastrophically extractive imperialist international economic order so as to build a new one in its place... in which people and planet can breathe, live, and prosper together."