Saturday, April 13, 2024

Justice and the Red Queen Effect-Rabbi Marc Katz

EXCERPT

Like many of you, despite all the warning signs, I never thought Roe v Wade would be overturned. That battle was fought and won long before my birth. I had underestimated the forces pushing against women’s choice. It was matter of fact, a story concluded. Settled law. There could be no part two.  

Then, in what felt like a blink of an eye – though in hindsight was decades of steady erosion– that protection was gone. The hard-fought progress so many had sacrificed for was walked back. And the more I thought about it, the more I realized, I was to blame. 

Now before going on, I want to say that there are and have always been activists and voices working tirelessly to preserve reproductive rights. In the secular world we have Planned Parenthood, NARAL, and the Center for Reproductive Rights. In the Jewish world we have the National Council of Jewish Women and the Religious Action Center of Reform Judaism, among others. They were not blindsided by this. Their battle for women’s health is a daily endeavor. They knew that the story of Roe v Wade was forever in formation. 

But they are the exception. Most people who care about abortion access have a list of other social justice issues that also keep them up at night. And in a world where so much cries out for our attention, a story that seems settled and a battle that appears won, gives us permission to turn our attention to something else.  

Part of the reason many of us paid more attention to other issues over these years was because preserving the status quo can feel unexciting, even monotonous. When I used to take kids to lobbying with the Religious Action Center it was always so much more fun to march into the office of a congressperson who didn’t agree with our position and try to change their minds than to write a heartfelt thank you to someone who already did. When the latter happened, I always thought, “I drove four hours to Washington when a simple thank you card would have sufficed.”  

What I didn’t realize at the time, and what Roe v Wade taught me, is that you often have to push harder to keep things stable in part because your status quo is the other side’s fight. To return to the story we began with, Mahlah, Noah, Hoglah, Milcah, and Tirzah weren’t stewing in anger after God’s ruling, but their male contemporaries certainly were.  

In evolutionary biology this phenomenon has a name. It’s called the Red Queen Hypothesis and it’s named after a famous scene in Lewis Caroll’s Through the Looking Glass, his sequel to Alice in Wonderland. There, Alice meets the Red Queen. As they begin running, Alice notes her surprise that she’s growing tired from running but going nowhere:  

 

"Well, in our country," said Alice, still panting a little, "you'd generally get to somewhere else—if you run very fast for a long time, as we've been doing." 

 

"A slow sort of country!" said the Queen. "Now, here, you see, it takes all the running you can do, to keep in the same place. If you want to get somewhere else, you must run at least twice as fast as that!" 

This short scene was taken by evolutionary biologists Leigh Van Valen in 1973, to explain the idea species go extinct if they stop evolving. Since predator and prey are always trying to get an edge on one another their only way to stay in the same place is to keep changing. Standing still actually means going backward. Running forward keeps you in the same place, evolutionarily speaking. And only radical leaps forward, like humanity's growth in brain size or bipedal locomotion, actually puts one at an advantage.  

Although it’s not used in politics, I feel like the Red Queen Hypothesis is just as applicable. Most of the time, if we want things to stay the same we have to run fast. If we take our attention away from those things that matter to us, we will go backward. It may be exhausting but we can never stop moving.  

I worry that as it relates to Roe v Wade, our collective mistake was that we stopped running. 

And I worry, that if I don’t take to heart what I’ve learned here, some other hard-fought battles that also feel settled will go the same way. 

There is little questions LGBTQ rights could be next. Although I got to New Jersey well after same sex marriage became legal in 2013, I’ve heard stories about how galvanized the TNT community was about it. Cantor Greenberg has told me with pride what it meant to her to travel down to Trenton, often multiple times a month, to lobby and give testimony. We were the daughters of Zelophehad, marching into the halls of power and demanding change. We were organized, thoughtful, passionate. And then we won. 

And although we have had no shortage of LBGTQ themed events, services, and speakers, whenever I have been in a room brainstorming about what issues we should add to our social justice agenda, which topics need our finger on the scale in order to effect change, no one has suggested getting involved in LGBTQ advocacy. It feels like a finished fight.  

But like reproductive rights, it is not. After Roe v Wade fell, many in this country made it clear that their next battle would be walking back wins by the LGBTQ community. And I promise, they are organizing with the fervor and passion that we did a decade ago.  

The same is true for countless other issues. Whether it’s voting rights, which seemed settled in the 1960s or the clean air act of the 1970s, or even Holocaust education which is mandated in school but enforced less today than when it first passed, there are plenty of examples of times where it is at our peril to stand still.  

Even segregation is beginning to creep back in. In recent years, New Jersey has quietly found itself with the 6th most segregated schools in the nation. In 1989, 4.8% of schools were considered highly segregated meaning 90% white or conversely 90% non-white. By 2010 that number was 8%. Now some estimates put it upwards of 20%. In some locales this change is an accident of demographic changes but in others it is a product of deliberate decisions on the part of the leadership to split towns into smaller units keeping their locales as homogeneous as possible.  

It is easy for long past advances to slip away. But I want to suggest a few tools to protect those things that matter most to you, whatever they are. If we are deliberate in our actions, we won’t lose sight today of how to protect the status quo. 

First, if there is an issue that matters to you and you do not want to see it change, you have to find a way to keep it fresh in the minds of others. There is something fun about being involved in change. Marches, rallies, phone banking are galvanizing. So why not keep doing them even after achieving your goal. But now instead of marches and rallies being about what you want to win, they become reminders of what it might mean to lose your gains. 


Ecuadorian tribunal deems arrest of former Vice President Glas illegal

But the three-member panel also upheld his ongoing imprisonment, arguing it could not ‘modify’ his sentence.

Francisco Hidalgo, who submitted a writ of habeas corpus on Jorge Glas's behalf, celebrates the tribunal's ruling on April 12
 [Karen Toro/Reuters]

Published On 13 Apr 2024

The defence team for former Ecuadorian Vice President Jorge Glas has hailed a decision declaring his arrest inside Mexico’s embassy in Quito illegal.

Still, on Friday, lawyer Sonia Vera Garcia pledged to appeal the ruling, which upheld her client’s continued detention.

Latin American countries condemn Ecuador raid on Mexico embassy

Mexico cuts ties with Ecuador after police raid embassy

“We thank the international community,” she wrote on the social media platform X. “Its support led to the detention being declared arbitrary, a step forward.”

“However, Jorge remains detained. We will appeal until we achieve his freedom.”

The ruling comes after Francisco Hidalgo — a member of Glas’s left-wing political party, Citizen Revolution — submitted a writ of habeas corpus earlier this week on the former vice president’s behalf, arguing he had been unlawfully detained.Protesters call for the release of former Vice President Jorge Glas in Quito, Ecuador, on April 12 [Karen Toro/Reuters]

Glas’s arrest had been the subject of ongoing international tensions. On April 5, Ecuadorian police stormed the Mexican embassy, scaling its fence and pointing a gun at a top diplomat who sought to bar their entrance.

In its ruling on Friday, a three-member tribunal in Ecuador found that the arrest on embassy grounds had indeed been “illegal and arbitrary”.

Judge Monica Heredia wrote that “without authorisation from the head of the Foreign Ministry and political affairs at the Mexican embassy in Ecuador, the detention became illegal”.

International law protects embassies and consulates from the interference of local law enforcement. This “rule of inviolability” theoretically allows diplomats to conduct sensitive work without fear of reprisal from their host country.

But embattled public figures like Glas have also turned to embassies to seek temporary refuge from arrest, knowing that local police are not supposed to enter without permission.

Glas was twice convicted on corruption-related charges. He was sentenced to six years in prison in 2017 and eight years in 2020.

In the hours before his arrest, Mexico’s Foreign Ministry announced it had granted political asylum to Glas, who had been sheltering in its embassy in Quito since December.
Demonstrators show support for former Vice President Jorge Glas on April 12
 [Karen Toro/Reuters]

But the embassy raid ignited a full-blown spat between Mexico and Ecuador.

In its wake, Mexico severed diplomatic ties and recalled its embassy staff from Ecuador. Countries around Latin America, as well as the Organization of American States (OAS), have also denounced the police raid.

But the government of Ecuadorian President Daniel Noboa has sought to defend the raid as authorised by executive decree.

In addition, it argued that Glas should not be eligible for political asylum, as his convictions were not the result of persecution.

But the three-member tribunal on Friday said the government’s defence of the raid “lacks legal basis”.

Still, while the tribunal ruled that the arrest itself was illegal, it decided Glas should remain behind bars, given his prior convictions.

“This tribunal cannot modify the sentence,” Judge Heredia said.

Glas is currently serving his prison term in Guayaquil, where he is conducting a hunger strike in protest. He was hospitalised earlier this week.

On Thursday, Mexico filed a complaint with the International Court of Justice to expel Ecuador from the United Nations over the embassy raid — at least until the country delivers a formal apology for its violations of international law.


SOURCE: AL JAZEERA AND NEWS AGENCIES
Israel says it’s boosting Gaza aid, but UN says little has changed

Louisa Loveluck, Claire Parker and Loveday Morris | The Washington Post


HUMANITARIAN AID: Trucks carrying humanitarian aid for the Gaza Strip pass through the Kerem Shalom Crossing in southern Israel in March, 2024. 
Heidi Levine for The Washington Post

JERUSALEM - In the week since President Biden warned Israel to swiftly address civilian suffering in Gaza - or risk future U.S. support - Israeli officials have touted what they say is a record number of aid trucks entering the territory, one of several new measures that the government maintains will help alleviate the crisis.

But according to U.N. and other aid officials, as well as relief workers inside Gaza, little has actually changed on the ground - and aid access remains as complicated and risky as ever, even as much of the population hurtles toward famine.

Despite Israel’s emphasis on truck numbers - it says more than 1,200 trucks have crossed into Gaza over the last three days - the volume of aid hasn’t significantly increased, nor is it reaching those most in need. The government’s most concrete promises of reopening a crossing in northern Gaza, bringing bakeries back online and establishing clear channels to coordinate with aid workers also have yet to yield results.

‘Under pressure’

“The proof in the pudding will be when it actually happens beyond words,” Jamie McGoldrick, the interim U.N. humanitarian coordinator for the Palestinian territories, said of the steps Israel pledged to take. “They are under pressure to deliver something.”

Biden’s ultimatum to Israel last week, delivered in a phone call with Prime Minister Benjamin Netanyahu, was spurred by the killing of seven World Central Kitchen workers by Israeli forces April 1, a reminder of the perilous environment in which relief agencies operate.

Six months into the conflict, which began when Hamas militants killed around 1,200 people in Israel and took 253 others hostage Oct. 7, the stakes for getting more food, medicine and other relief to Palestinians are those of life and death. More than 33,500 people have already been killed and over 76,000 injured, according to the Gaza Health Ministry, which does not distinguish between civilians and combatants but says the majority of the casualties are women and children.

Ninety-five percent of the population of 2.2 million is estimated to be experiencing crisis levels of hunger, and health authorities say at least 32 people had died of malnutrition or dehydration by early April. In northern Gaza, which the Israeli military has isolated from the rest of the enclave, famine may already be underway, the world’s leading body on food crises said last month.

Israeli officials have said they don’t want responsibility for Gaza and want to focus instead on the military campaign to eliminate Hamas. But growing U.S. pressure on Netanyahu to halt the worsening calamity prompted the prime minister to change course, according to an Israeli official who spoke on the condition of anonymity to discuss the high-level decision-making.

‘Concrete tangible steps’

The White House last week said it would be watching for Israel to take “concrete, tangible steps” to significantly improve humanitarian access, with Biden describing the crisis in Gaza as “unacceptable.”

In response, McGoldrick’s office said Saturday, Israel committed to reopening the Erez Crossing in northern Gaza, restarting about 20 bakeries and repairing a major water line.

By Thursday, aid officials said, those plans had been discussed but were mostly not nearing fruition. Appearing to reverse course on opening Erez, which was heavily damaged in the Oct. 7 attack and only ever designed for foot passengers, Israel announced instead that it was building a new crossing to bring aid to the north.

This will help “gradually” boost the number of trucks entering Gaza overall to around 500 per day, said Rear Adm. Daniel Hagari, an Israeli military spokesman. That is the same number that sustained the enclave before the war, though swaths of Gaza’s agricultural land and farming capacity have been wiped out since then.

It was unclear when the new crossing would be built.

“Israel is surging aid into Gaza, with over 1200 trucks entering in 3 days (avg 400/day),” the Coordinator of Government Activities in the Territories (COGAT) posted Wednesday on X, formerly Twitter.

‘Not doing their jobs’

The agency, a branch of the Israeli military that coordinates aid in Gaza, was promoting the rising number of trucks that it says it inspects each day to enter the enclave’s border crossings. It blames the delays in aid distribution on the United Nations and other international agencies operating in Gaza. Israel has cited photographs of crateloads of aid apparently waiting to be distributed as evidence that humanitarian groups are not doing their jobs.

But the United Nations records only the trucks that physically enter Gaza in its database, and UNRWA, the U.N. agency for Palestinian refugees, tallied a lower figure for the same three-day period this week, at an average of 168 humanitarian trucks each day through the Rafah and Kerem Shalom crossings in the south.

Relief workers say Israeli regulations around access to the crossings mean they do not often have permission to reach the supplies that await them. COGAT did not respond to requests for comment on how it was addressing the obstacles cited by aid groups.

“It does not mean we have unfettered access to collect it,” an aid worker engaged in operations at the crossing said, speaking on the condition of anonymity due to the sensitivity of the issue. “Sometimes we only get partial access in the afternoon. Sometimes we only get a stab to collect the bulk of the aid in the morning. Sometimes, if there is fog or poor visibility in the corridor, we do not get access at all.”

At the same time, the inspection process remains onerous and opaque, officials say, and agencies often don’t know what type of aid they’re picking up until they reach the Gaza side of the terminal.

‘No visibility’

“Let’s say UNICEF has 10 trucks of medicine, 10 trucks of nutrition treatments. Once they’re in screening, we lose visibility,” said Tess Ingram, a spokeswoman for the U.N. children’s agency. “When we get to the receiving end, there might be one truck of medicine and one truck of nutrition, and then the next day maybe three trucks of something. It’s very difficult for us to plan on the other end because we have no visibility of what’s going to be spat out when.”

Trucks that enter Gaza from Egypt are sometimes only half-filled or have a smaller capacity than those used by the United Nations to collect and distribute aid - another reason the figures collected by aid groups and Israel’s military are often different.

“They might send in 300-plus trucks in a day, but we can’t get 300-plus trucks processed and out,” McGoldrick said.

Then aid groups must coordinate with the Israeli military for safe access to areas where civilians are most in need.

Food convoys traveling north are three times more likely to be denied permissions by Israel than any other humanitarian convoy, Jens Laerke, spokesman for the U.N. humanitarian office, said in a briefing Tuesday.

“When you put up statistics with numbers of truck going in saying, ‘Look at all these hundreds of trucks coming in,’ and you put it against how few trucks have actually moved around - well, it’s kind of an own goal, isn’t it?” he said. “Half of the convoys that we were trying to send to the north with food were denied by the very same Israeli authorities.”

McGoldrick said he was due to meet with representatives of the Israeli military’s Southern Command on Wednesday to discuss the establishment of a coordination cell that can deconflict movements of humanitarians on the battlefield and avoid further tragedies like the deaths of the WCK workers - one of Israel’s promises in the wake of the Biden call.

“We need a system that works,” McGoldrick said.

But 10 days after the WCK strike, aid workers themselves still fear being targeted. Around 200 relief workers have been killed in Gaza over the past six months.

UNICEF said one of its convoys was awaiting entry to northern Gaza on Tuesday when it was hit by gunfire that appeared to have originated from Israeli forces.

The convoy was carrying 10,000 liters of fuel to power water and sanitation points, as well as nutrition and medical supplies intended for Kamal Adwan Hospital, which has reported that children there are dying of malnutrition and dehydration.

The agency’s armored car was hit three times as the group waited at a designated U.N. holding point along a route coordinated with Israeli forces, said Ingram, who was traveling with the convoy.

“We got three bullets in our car - two on my passenger door and one on the bonnet,” Ingram said.

After the shooting stopped, the group communicated what had happened to Israeli forces via UNRWA security personnel, she said. The Israeli military did not respond for request for comment about the incident.

“It’s clear that eight days after the World Central Kitchen tragedy, measures weren’t in place to prevent something like this from happening,” Ingram said.
Haiti sets up transitional council to choose next PM in bid to quell crisis

BONAPARTISM NOT DEMOCRACY

By Evens Sanon And Dánica Coto 
 The Associated Press
Posted April 12, 2024 

Haiti crisis: Surge in gang violence, food insecurity envelopes nation – Mar 29, 2024

A transitional council tasked with choosing Haiti’s next prime minister and Cabinet was established Friday in a move supporters hope will help quell turmoil in the troubled Caribbean country where most of the capital remains under the grip of criminal gangs.

The formation of the council, announced in a decree published Friday in a Haitian government gazette, was expected to soon trigger the resignation of Prime Minister Ariel Henry, but a new provision said he would step down when a new premier is chosen. Henry did not immediately comment.

Those awarded a seat on the council are Petit Desalin, a party led by former senator and presidential candidate Jean-Charles Moïse; EDE/RED, a party led by former Prime Minister Claude Joseph; the Montana Accord, a group of civil society leaders, political parties and others; Fanmi Lavalas, the party of former President Jean-Bertrand Aristide; the Jan. 30 Collective, which represents parties including that of former President Michel Martelly; and the private sector.

The two non-voting seats are represented by someone from Haiti’s civil society and its religious sector.

“The establishment of the…politically inclusive council signals the possibility of a new beginning for Haiti,” a Caribbean trade bloc known as Caricom, who helped form the council, said in a statement.

It said that the council “will take the troubled country through elections to the restoration of the lapsed state institutions and constitutional government.”

“It is also clear that one of the first priorities of the newly installed Presidential Council will be to urgently address the security situation so that Haitians can go about their daily lives in a normal manner; safely access food, water and medical services; children can return to school; women can move around without fear of horrific abuses; and so that businesses can reopen,” Caricom said.

The published decree acknowledged what it called “a multidimensional crisis” that has worsened since the July 2021 assassination of President Jovenel Moïse. It said the crisis has led to a “catastrophic humanitarian situation” and that Haiti is experiencing “unprecedented institutional dysfunction, which has led to a political impasse.”
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It also noted that Henry would present his resignation once a new prime minister is appointed.

The decree, which was signed by Henry and his Cabinet, noted that no one can be a member of the council if they have been sanctioned by the U.N., oppose the deployment of a foreign armed force or plan to run in the next general election, among other conditions.

While an election date hasn’t been set, the decree stated that the president-elect must be sworn-in on Feb. 7, 2026 at the latest, and that the council will exercise presidential powers until then.


2:06 Haiti crisis: Canada begins airlift evacuations


The council also will be responsible for helping set the agenda of a new Cabinet and will appoint members to form a provisional electoral council, which is needed before elections are held. It also will establish a national security council whose responsibilities have not been decided.

The decree does not set any deadlines for choosing a new prime minister or Cabinet, stating only that the council must “quickly” do so.

The council will be based at the National Palace, and its mandate is supposed to end when a new president is sworn-in, with no possibility of extension.

The United Nations Integrated Office in Haiti posted on X that it would continue to closely follow the political process as it called for international support for Haiti’s National Police, saying it is “essential to restore security and the rule of law.”

“We reaffirm our commitment to supporting the country’s institutions in their efforts to restore democratic institutions,” María Isabel Salvador, the U.N. special envoy for Haiti, said in a statement.


1:00 Canadian military’s elite counter-terrorism unit deployed to Haiti

The council’s creation comes exactly a month and one day after Caribbean leaders announced plans to help form the nine-member panel, with seven members awarded voting powers.

Friday’s development was cheered by those who believe the council could help steer Haiti in a new direction and help quell widespread gang violence that has paralyzed swaths of the capital of Port-au-Prince for more than a month.

More than 1,550 people have been killed across Haiti and more than 820 injured from January to March 22, according to the U.N.
While gangs have long operated throughout Haiti, gunmen organized large-scale attacks starting Feb. 29. They burned police stations, opened fire on the main international airport that remains closed and raided the country’s two biggest prisons, freeing more than 4,000 inmates.

The attacks were meant to prevent the return of Henry to Haiti. At the time, he was in Kenya pushing for the U.N.-backed deployment of a police force from the East African country. He remains locked out of Haiti.

While the violence has somewhat subsided, gangs are still launching attacks throughout Port-au-Prince, especially in the downtown area, where they have seized control of Haiti’s biggest public hospital.



Marx wrote The Eighteenth Brumaire of Louis Napoleon between December 1851 and March 1852. The "Eighteenth Brumaire" refers to November 9, 1799 in the French ...
Chapter I · ‎Preface · ‎Chapter IV · ‎Chapter V
The Eighteenth Brumaire of Louis Napoleon is an essay written by Karl Marx between December 1851 and March 1852, and originally published in 1852 in Die ...

Friday, April 12, 2024

 

More videos of Kiwi hostage Philip Mehrtens in Papua warn against Indonesian military air strikes

New Zealand pilot Philip Mehrtens was photographed with his rebel captors in Indonesia's Papua region.

New Zealand pilot Philip Mehrtens was photographed with his rebel captors in Indonesia's Papua region. File pic Photo: Supplied/TPNPB

More videos appear to have been released by the West Papua Liberation Army showing Kiwi hostage Phillip Mehrtens.

The New Zealander was taken hostage more than a year ago on 7 February in Paro, Papua, while providing vital air links and supplies to remote communities.

In the recent videos he is seen surrounded by armed men and delivers a statement, saying his life is at risk because of air strikes conducted by the Indonesian military.

He asks Indonesia to cease airstrikes and for foreign governments to pressure Indonesia to not conduct any aerial bombardments.

RNZ has sought comment from the Ministry of Foreign Affairs and Trade.

Earlier this year Foreign Minister Winston Peters strongly urged those holding Mehrtens to release him immediately without harm.

Peters said his continued detention serves no-one's interests.

In the last year, a wide range of New Zealand government agencies has been working extensively with Indonesian authorities and others towards securing Mehrtens release.

The response, led by the Ministry of Foreign Affairs and Trade, has also been supporting his family.

20 years later, Abu Ghraib detainees get their day in US court


 This late 2003 photo obtained by The Associated Press shows an unidentified detainee standing on a box with a bag on his head and wires attached to him in the Abu Ghraib prison in Baghdad, Iraq. A trial scheduled to begin Monday, April 15, 2024, in U.S. District Court in Alexandria, Va., will be the first time that survivors of Iraq’s Abu Ghraib prison will bring their claims of torture to a U.S. jury. Twenty years ago, photos of abused prisoners and smiling U.S. soldiers guarding them shocked the world. 

 In this June 22, 2004, photo, a detainee in an outdoor solitary confinement cell talks with a military police officer at the Abu Ghraib prison on the outskirts of Baghdad, Iraq. A trial scheduled to begin Monday, April 15, 2024, in U.S. District Court in Alexandria, Va., will be the first time that survivors of Iraq’s Abu Ghraib prison will bring their claims of torture to a U.S. jury. Twenty years ago, photos of abused prisoners and smiling U.S. soldiers guarding them shocked the world. (AP Photo/John Moore, File)

BY MATTHEW BARAKAT
April 11, 2024


ALEXANDRIA, Va. (AP) — Twenty years ago this month, photos of abused prisoners and smiling U.S. soldiers guarding them at Iraq’s Abu Ghraib prison were released, shocking the world.

Now, three survivors of Abu Ghraib will finally get their day in U.S. court against the military contractor they hold responsible for their mistreatment.

The trial is scheduled to begin Monday in U.S. District Court in Alexandria, and will be the first time that Abu Ghraib survivors are able to bring their claims of torture to a U.S. jury, said Baher Azmy, a lawyer with the Center for Constitutional Rights representing the plaintiffs.

The defendant in the civil suit, CACI, supplied the interrogators who worked at the prison. The Virginia-based contractor denies any wrongdoing, and has emphasized throughout 16 years of litigation that its employees are not alleged to have inflicted any abuse on any of the plaintiffs in the case.

The plaintiffs, though, seek to hold CACI responsible for setting the conditions that resulted in the torture they endured, citing evidence in government investigations that CACI contractors instructed military police to “soften up” detainees for their interrogations.

Retired Army Gen. Antonio Taguba, who led an investigation into the Abu Ghraib scandal, is among those expected to testify. His inquiry concluded that at least one CACI interrogator should be held accountable for instructing military police to set conditions that amounted to physical abuse.

There is little dispute that the abuse was horrific. The photos released in 2004 showed naked prisoners stacked into pyramids or dragged by leashes. Some photos had a soldier smiling and giving a thumbs up while posing next to a corpse, or detainees being threatened with dogs, or hooded and attached to electrical wires.

The plaintiffs cannot be clearly identified in any of the infamous images, but their descriptions of mistreatment are unnerving.

Suhail Al Shimari has described sexual assaults and beatings during his two months at the prison. He was also electrically shocked and dragged around the prison by a rope tied around his neck. Former Al-Jazeera reporter Salah Al-Ejaili said he was subjected to stress positions that caused him to vomit black liquid. He was also deprived of sleep, forced to wear women’s underwear and threatened with dogs.

CACI, though, has said the U.S. military is the institution that bears responsibility for setting the conditions at Abu Ghraib and that its employees weren’t in a position to be giving orders to soldiers. In court papers, lawyers for the contractor group have said the “entire case is nothing more than an attempt to impose liability on CACI PT because its personnel worked in a war zone prison with a climate of activity that reeks of something foul. The law, however, does not recognize guilt by association with Abu Ghraib.”

The case has bouncedthroughthecourts since 2008, and CACI has tried roughly 20 times to have it tossed out of court. The U.S. Supreme Court in 2021 ultimately turned back CACI’s appeal efforts and sent the case back to district court for trial.

In one of CACI’s appeal arguments, the company contended that the U.S. enjoys sovereign immunity against the torture claims, and that CACI enjoys derivative immunity as a contractor doing the government’s bidding. But U.S. District Judge Leonie Brinkema, in a first-of-its kind ruling, determined that the U.S. government can’t claim immunity when it comes to allegations that violate established international norms, like torturing prisoners, so CACI as a result can’t claim any derivative immunity.

Jurors next week are also expected to hear testimony from some of the soldiers who were convicted in military court of directly inflicting the abuse. Ivan Frederick, a former staff sergeant who was sentenced to more than eight years of confinement after a court-martial conviction on charges including assault, indecent acts and dereliction of duty, has provided deposition testimony that is expected to be played for the jury because he has refused to attend the trial voluntarily. The two sides have differed on whether his testimony establishes that soldiers were working under the direction of CACI interrogators.

The U.S. government may present a wild card in the trial, which is scheduled to last two weeks. Both the plaintiffs and CACI have complained that their cases have been hampered by government assertions that some evidence, if made public, would divulge state secrets that would harm national security.

Government lawyers will be at the trial ready to object if witnesses stray into territory they deem to be a state secret, they said at a pretrial hearing April 5.

Judge Brinkema, who has overseen complex national security cases many times, warned the government that if it asserts such a privilege at trial, “it better be a genuine state secret.”

Jason Lynch, a government lawyer, assured her, “We’re trying to stay out of the way as much as we possibly can.”

Of the three plaintiffs, only Al-Ejaili, who now lives in Sweden, is expected to testify in person. The other two will testify remotely from Iraq. Brinkema has ruled that the reasons they were sent to Abu Ghraib are irrelevant and won’t be given to jurors. All three were released after periods of detention ranging from two months to a year without ever being charged with a crime, according to court papers.

“Even if they were terrorists it doesn’t excuse the conduct that’s alleged here,” she said at the April 5 hearing.
'BOTTOM LINE -- BIBI'S STRATEGY WAS AN ABJECT FAILURE'

Ex-Shin Bet chief: Netanyahu unfit for office, leading Israel to its doom

Saying the PM is directly responsible through his policies for ‘the greatest disaster’ in Israel’s history, Nadav Argaman says he must go or things could get ‘very, very bad’
Today

Former Shin Bet chief Nadav Argaman in an interview to Channel 12 broadcast April 11, 2024. (Screen capture: Channel 12, used in accordance with Clause 27a of the Copyright Law)

Former head of the Shin Bet internal security service Nadav Argaman launched a full-scale assault against Prime Minister Benjamin Netanyahu in an interview with Channel 12 that was broadcast Thursday, saying he was directly to blame for October 7, “the worst disaster since the state’s establishment,” and was leading Israel to its “doom.”

“Netanyahu is not fit to be prime minister of Israel,” Argaman told the network’s Uvda investigative program.

Calling for swift elections, Argaman, who led the Shin Bet between 2016 and 2021, mostly under Netanyahu, argued that “Morally he cannot [run for office again]. He is responsible for a monumental failure. He is responsible. There’s no one else… Someone who does not take responsibility for a failure of this magnitude is not fit to be a leader of the Jewish people.”

Israel, he said, was “already in the abyss, and if Bibi Netanyahu does not leave office — it will be our doom… I think if the State of Israel doesn’t get its act together and fast, we’ll reach some very, very, very bad places.”

Argaman said Netanyahu had been directly responsible for a policy that had strengthened Hamas over years, supplying it with millions of dollars in Qatari cash to buy calm while allowing it to build itself up for the massive attack. He said that when he was leading the service, the prime minister repeatedly demurred on his proposals for aggressive policies toward Hamas, including taking out its top leadership.

“We pushed for it strongly, including presenting operational plans. I won’t say more,” he said. “Bibi preferred to weaken the Palestinian Authority.”

The former security chief also accused Netanyahu of ignoring the Shin Bet’s long-running assessment that Hamas had not been deterred from attacking Israel.

“Looking at the bottom line, Bibi’s strategy for Israel’s national security over the past decade was an abject failure,” he said.

Argaman also pinned a significant share of the blame on the government’s hugely contentious judicial overhaul effort.

“This government is ultimately what caused October 7, because the judicial overhaul is what led to the weakening, in the eyes of our enemies, of Israel,” said Argaman.

“Bibi deliberately rent apart Israeli society in order to govern,” concluded Argaman. “In order for us to get out of the abyss there is a single condition, and the condition is that we replace this disastrous government.”

Asked if he thought it was tenable to hold elections during a war, Argaman replied: “I think the war is over. We are fighting, [but] not at war.” He noted that only “small forces” were still stationed in the Gaza Strip. “Israel should have headed to elections yesterday.”

“Ultimately the ones who will topple the government are the people,” said Argaman, clarifying that he had no intention to run for office himself. “Otherwise this war — what he calls a war — will continue” until the next election.

File – Then-Shin Bet chief Nadav Argaman (left) and Prime Minister Benjamin Netanyahu, April 11, 2021 (Courtesy)

The premier, Argaman said, is “a very smart man, a very capable man, a sharp-minded man, but [one who] acts for himself, for his own political survival.

Argaman said Netanyahu “is responsible from the start” for the failures leading up to October 7.

“From the moment he let [Justice Minister] Yariv Levin lead the crazy judicial overhaul, through the delusional ministers he appointed: He took [Itamar] Ben Gvir, took [Bezalel] Smotrich, let one ruin the economy, let the other ruin internal security, and this is what we look like today.” Argaman was referring to the two far-right religious firebrands whom Netanyahu appointed as ministers for national security and finance, respectively, in his current government.

“I remember times when Bibi spoke of Ben Gvir and Smotrich with great contempt,” said Argaman. “I see now how he uses Smotrich [as finance minister] even though he knows Smotrich and the economy have nothing to do with each other.”

“What does Ben Gvir have to do with security?” exclaimed Argaman. “National security minister? Perhaps the better term is national disaster minister.”

File – Finance Minister Bezalel Smotrich (right) of the Religious Zionism party talks to National Security Minister Itamar Ben Gvir of Otzma Yehudit in the Knesset plenum on December 28, 2022. (Olivier Fitoussi/ Flash90)

Argaman, who served in the Shin Bet for over 40 years, told Channel 12 he didn’t think Hamas would have been able to pull off a shock assault in October 2021, when he stepped down as the agency’s chief after five years.

“The system I knew was different,” he said. “Why it happened, how it happened, what enabled all of this to converge on a single moment where they surprise us, they conquer us — and for an extended period…?” he trailed off, signaling he was at a loss.

Asked about the failure of the heads of the security establishment, who discussed worrying signals of unusual Hamas activity in Gaza hours before the assault began, but did not take decisive action, Argaman said: “I don’t want to look here like someone who’s wise in retrospect, saying ‘I would do A, B and C.’ I don’t know to answer these questions. I can say these are very good people, very serious people, with vast experience — and the fact is they acted in this way. Why? I can’t answer that.”

Argaman repeated several more times throughout the conversation: “I can’t understand it. I can’t understand it.”

He also signaled that in his view the greater failure was not the lack of clear intelligence on the Hamas plot, but a failure to act on the signs that were there.

“My assessment is that the problem was not one of intelligence but of threat assessment and risk management. As for Intelligence — getting a ‘golden’ report is a lottery. But very often you hold security assessments when there are indicative signs and nothing more…”

He also expressed bewilderment at the military’s failure to respond in a timely manner even after it ws caught by surprise.

“Citizens [were] screaming ‘help’ for an entire day and nobody came to them,” said Argaman. “I don’t where they were. I just know they weren’t there.”

Illustrative: soldiers walking next to the destruction by Hamas terrorists in Kibbutz Nir Oz on October 7, 2023, in southern Israel, November 21, 2023 (Chaim Goldberg/Flash90)

Argaman said Israel’s top security officials would also need to take responsibility for their failure and resign. However, the ex-Shin Bet chief was adamant that they not do so before Netanyahu.

“Bibi can’t appoint the next Shin Bet chief. He can’t appoint the next military chief of staff, said Argaman. “From my point of view, this government does not have a mandate to appoint the heads of the [defense] bodies.”

Argaman declined to comment when asked whether he had discussed the prospect of resigning with his successor, current Shin Bet chief Ronen Bar.
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“My fear is that if Netanyahu appoints Ronen’s successor, he will appoint a person who could harm Israeli democracy, because I suspect Bibi of harming Israeli democracy,” said Argaman.

“He could appoint a Shin Bet head who would [make it] comfortable for Bibi to continue the judicial overhaul,” said Argaman, noting that Bar had advised Netanyahu on the dangers posed to security by the controversial legislation, and particularly the cracks it caused in Israeli society, which were clearly visible to Israel’s enemies.

File – Then-Prime Minister Naftali Bennett (R), outgoing director Nadav Argaman (L), and the latter’s successor, Ronen Bar (C), at the prime minister’s office on October 13, 2021 (Haim Zach/GPO)

Argaman expressed his fear that Netanyahu appointees could undermine the independence of their agencies, weakening Israeli democracy.

“The Prison Service has fallen, the Israel Police is in the process, and I’m very wary there will be an attempt to use October 7 to undermine the Shin Bet and the Israeli Defense Forces,” said Argaman, adding that “if the Shin Bet and the justice system fall, then Israeli democracy will fall.”

File – Shin Bet head Ronen Bar speaks to IDF chief of staff Herzi Halevi during the hostage rescue in southern Gaza’s Rafah, February 12, 2024 (Shin Bet)

Argaman pushed back when asked whether, after October 7, he regretted supporting those Israelis who threatened during protests against the judicial overhaul not to show up for reserve duty.

“You can’t take an entire population and put all the blame on it,” said Argaman.

“The person who led to the judicial overhaul is Netanyahu, and the person who caused people to take to the streets and oppose Israel’s becoming a dictatorship is Netanyahu,” he continued, adding that he’d never overtly called on anyone to refuse service.

Illustrative: Protesters against plans by Prime Minister Benjamin Netanyahu’s government to overhaul the judicial system, in Jerusalem, September 11, 2023. (AP/Ohad Zwigenberg)

Nonetheless, Argaman said he “absolve[s]” those who had threatened to refuse reserve duty, commenting that he thought it “better to live with refusal than with dictatorship.”

In response to the interview, the Prime Minister’s Office accused Argaman of having encouraged refusal to serve. “He’s a political activist, one of the leaders of the protest movement aimed at bringing down the right-wing government.”

It asserted that Netanyahu had in fact approved moving forward with plans to eliminate the heads of Hamas during 2021’s Gaza conflict, but that it became evident that this was not operationally possible at the time.

“Contrary to the impression given by Argaman’s comments, he never supported invading the Gaza Strip and eliminating Hamas, while Prime Minister Netanyahu led three significant military operations [prior to the current war]… in which thousands of terrorists were killed including senior ones.”

Don’t Expect Any Breakthroughs In India-Pakistan Relations

April 12, 2024
Syed Ali Zia Jaffery

The following is an excerpt from 9DASHLINE.

February 2024 marked the 5th and 3rd anniversaries of the Pulwama-Balakot Crisis and the Indo-Pak ceasefire agreement on the Line of Control (LoC), respectively. While the Crisis brought the two nuclear-armed neighbours perilously close to a catastrophe, the ceasefire agreement brought about a temporary end to violence on the most militarized boundary in the world. Unfortunately, neither the said nuclear-tinged crisis nor the ceasefire agreement portends better days ahead for Indo-Pak relations.

If anything, the crisis has set dangerous precedents of attacking the mainland and posturing for horizontal escalation. As for the ceasefire, it cannot help address the root causes of the Kashmir imbroglio. This is not the first ceasefire agreement as both countries have made four attempts to silence guns along the LoC since 2000. The results of these efforts show that any ceasefire is unlikely to pave the way for further steps towards enduring peace between the two countries.

That being said, it does provide relief to civilians on both sides of the LoC. Regardless, these two episodes loom large as the new coalition government finds its feet in Pakistan, and India readies itself for the upcoming general election. Notwithstanding the importance of these elections, it is unlikely that they will change the state of Indo-Pak relations. In the short term, no breakthrough should be expected.

Continue reading at 9DASHLINE.

Syed Ali Zia Jaffery is a graduate student in the NPTS Nonproliferation and Terrorism Program at the Middlebury Institute of International Studies at Monterey.