Monday, December 16, 2024

Report: Trump DOJ secretly gathered phone, text records of congressional staffers

LOOKING FOR THE LEAKER WHO WAS NEVER FOUND JUST LIKE WITH SCOTUS



Sen. Adam Schiff, D-Calif. (R), speaks during a press conference following the Democratic Party policy luncheon at the U.S. Capitol in Washington, D.C., on Tuesday. A report on Tuesday said the Trump Justice Department in 2017 and 2018 secretly obtained phone records from the California lawmaker, who was a representative at the time. Photo by Anna Rose Layden/UPI | 

Dec. 10 (UPI) -- The Justice Department under the Trump administration in 2017 and 2018 secretly collected phone and text message logs from 43 congressional staffers and two members of Congress during an investigation of leaked classified information, an internal watchdog said.

The department's Inspector General Michael Horowitz said in a new report that, while the DOJ did not act with political inclinations, it crossed the line in constitutional separation of powers.

Horowitz said prosecutors obtained the information through third-party providers and used gag orders to prevent those companies from notifying their customers that their records were being collected. The report highlighted that the probe into leaks was much broader than previously believed.

Horowitz's report also found that Trump's Justice Department collected phone and text records from news reporters in the same classified leak investigation.

The inspector general started the probe in 2021 after press reporters showed that then-Rep. Adam Schiff and Rep. Eric Swalwell, both California Democrats, had their records seized in regard to the leaks.

A Democratic staffer had suspected the lawmakers of playing a role in the classified leaks, but the Justice Department eventually determined that the staffer's complaint did not have any "evidentiary support" its credibility was "uncertain."
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"We did not find any evidence of retaliatory or political motivation by the career prosecutors who issued the compulsory process we reviewed," Horowitz's report said.

Of the staffers who had records access, 21 were affiliated with Democrats and 20 were connected with Republicans, including Kash Patel, who is Trump's nominee to run the FBI.
Tokyo introduces four-day workweek for government workers to boost birth rates


Tokyo will implement a four-day workweek for government employees next year to encourage young people to get married and start families. Sociologists have blamed Japan’s plunging birth rates on the high cost of living and grueling work culture. File Photo by Keizo Mori/UPI | License Photo

Dec. 9 (UPI) -- Tokyo will implement a four-day workweek for government employees next year to encourage young people to get married and start families.

Tokyo Gov. Yuriko Koike announced employees of the metropolitan government would be allowed to take three days off every week, starting in April, to help working mothers and boost record-low fertility rates.

"Now is the time for Tokyo to take the initiative to protect and enhance the lives, livelihoods and economy of our people during these challenging times for the nation," Koike said last week.

Other policies will encourage couples to have more children by providing paternity leave for men and allowing parents of elementary school first through third-graders to trade part of their salaries to leave work early.

"We will review work styles ... with flexibility, ensuring no one has to give up their career due to life events such as childbirth or childcare," Koike added.

Last year, only 727,277 births were recorded in Japan, according to the Health, Labor and Welfare Ministry, as more women are forced to choose between careers and families. Sociologists have blamed Japan's plunging birth rates on the country's grueling work culture and high cost of living.

The record-low birthrate of 1.2, which relates to the number of children a woman has in her lifetime, is forcing the Japanese government to reverse its population crisis. It takes a fertility rate of 2.1 for a population to remain stable.

Nonprofit organization 4 Day Week Global conducted a series of four-day workweek pilot programs in 2022 and found that more than nine out of 10 workers wanted to continue their four-day workweek, saying it gave them improved work-life balance, lessened their stress and improved their physical and mental health.

Earlier this year, Singapore introduced new guidelines that require all companies to consider employee requests for flexible work arrangements, including four-day workweeks and staggered hours.




International Federation of Journalists: 2024 a 'particularly deadly' year for news reporters

By Chris Benson


The International Federation of Journalists on Tuesday said that 104 journalists were killed in 2024 with more than half working in Gaza. In July, mourners, seen here, gathered to hold up a tattered press jacket that surrounded the body of Al-Jazeera Arabic journalist Ismail al-Ghoul, killed along with his cameraman Rami al-Refee, in an Israeli strike during their coverage of Gaza's Al-Shati refugee camp. 
Photo by Hossam Azzam/UPI | License Photo

Dec. 10 (UPI) -- The International Federation of Journalists on Tuesday said that 2024 was another "particularly deadly" year for media professionals and news reporters in its annual report.

"The public's need for information is very real at a time when authoritarian regimes are developing all over the world," Anthony Bellanger, the IFJ's general secretary, wrote in a release. "Greater vigilance on the part of our profession is required."

The Belgium-based organization noted that initial findings showed that as of Dec. 10 an estimated 104 journalists and other professionals working in the media were killed worldwide so far in 2024 while in the line of duty.

On Tuesday, IFJ officials said this "reaffirms its determination" to see an International Convention for the Protection of Journalists adopted by the United Nations as a matter of urgency.

Bellanger said the "sad figures" show once more just how "fragile is press freedom and how risky and dangerous is the profession of journalism."

The findings in its 2024 report arrived on International Human Rights Day amid ongoing accusations of genocide by Israel with its war in Gaza and military operations to its north in Lebanon.

According to the IFJ, of the 104 journalists killed this year worldwide, more than half were in the Palestinian enclave Gaza.

The International Federation of Journalists -- established in 1926 -- is the world's largest and foremost organization of journalists, representing roughly 600,000 media professionals in 187 trade unions or other associations spread out across more than 140 countries.

Russia's war in Ukraine claimed even more victims on the continent with four journalists killed so far this year, last year and 13 in 2022. But the IFJ noted that despite Russia's deadly conflict, Europe remains the safest continent in the world for reporters.

Its latest data, while still incomplete, indicates that of the 104 media professionals killed since Jan. 1, 12 were women, representing a little more than 11% of the IFJ's total membership. It added that by 2023, the IFJ had documented at least 129 deaths, which included 14 women, marking "one of the deadliest years" for international journalists since 1990, when the IFJ first began to publish a list of journalists killed while on the job.

In addition to the staggering number of deaths, at least 520 journalists were counted to be in prison around the globe as of Dec. 10., according to data by the federation.


The IFJ said the number of jailed reporters is a "sharp increase" versus 2023 which saw 427 behind bars and 375 the year prior in 2022.

Europe currently holds about 142 journalists in detainment for various reasons with 101 in the Middle East, 17 on the African continent and 6 in Latin America.

However, China and the small territory of Hong Kong to its south remain "the world's biggest" prison for media professionals ahead of Israel with a reported 59 Palestinian journalists being held in captivity and 44 in Myanmar. The neighboring Asia-Pacific region alone has 254 journalists in prison.

Meanwhile, the war in Gaza and Lebanon once again highlights the "massacre" suffered by Palestinian, Lebanese and Syrian media professionals, the IFJ stated.

Its data showed for the second year in running, the Arab world and Middle East region hold "the macabre record" for total number of killed journalists at 66 this year representing about 60% of the total number killed this year in the profession.

According to IFJ, the number of Palestinian journalists killed jumped to at least 138 making Gaza "one of the most dangerous in the history of modern journalism" behind Iraq, the Philippines and Mexico since the start of the Oct. 7, 2023 war.

Last year in October the IFJ called on UNESCO to protect journalists, establish a lasting cease-fire, open humanitarian corridors for civilians and allow Gaza journalists to take refuge outside the war-torn enclave and foreign reporters to enter the enclave, but "all to no avail."

The Asia-Pacific region is the IFJ's largest geographical region where it saw "an upsurge in violence" in South Asia. It's 20 reported journalist deaths this year in the region was "considerably higher" from 12 the last year and 16 in 2022, officials say. It saw six killed in Pakistan, five in Bangladesh and three in India.

However, "the military regime in Myanmar is continuing its hunt for journalists," the International Federation of Journalists wrote Tuesday.

In Africa, a total of eight journalists lost their lives this year which was slightly down from eight in 2023 but four in 2022. Sudan, however, "paid the heaviest price" with five reporters dead "as a result of the generals' war, which is particularly deadly," IFJ said Tuesday. It added that two Somali journalists and a Chadian journalist also died, which also "testifies to the fragile and violent political situations in these two countries."

The federation stated that prior to the outbreak of the Gaza war, Latin America was "one of the most dangerous" regions in the world for media professionals -- particularly Mexico -- which saw six journalists killed in the line of duty this year and 2023, according to IFJ information.

"Once again, threats, intimidation, kidnappings and murders are due to reports on drug trafficking, which has plagued Mexico for more than two decades," the international organization said.

That was a drop from the 30 reported dead in 2022 in the America's.

"We urge the member states of the United Nations to take action," the IFJ's general secretary said. "To ensure the adoption of a binding convention on the safety of journalists,"

"So as to put an end to the deaths and injuries that occur every year."


Senate GOP blocks PRESS Act that would give journalists more protections


Reporters in Philadelphia shout questions to Vice President-elect JD Vance. On Tuesday, Republican Sen. Tom Cotton of Arkansas blocked a unanimous consent to pass the PRESS Act, or Protect Reporters from Exploitive State Spying Act, which would have protected journalists from being forced to reveal their sources or hand over data.
 File Photo by Bonnie Cash/UPI | License Photo

Dec. 11 (UPI) -- A Senate Republican blocked a bipartisan bill Tuesday that would have given journalists more protections under federal law.

The Protect Reporters from Exploitive State Spying Act, also known as the PRESS Act, which would have protected journalists from being forced to reveal their sources or turn over their data, was blocked by GOP Sen. Tom Cotton of Arkansas.

Democrats had been working to get the bill passed before the end of President Joe Biden's term, as President-elect Donald Trump called on Republicans in a Truth Social post last month to "Kill this bill!"

On Tuesday, Sen. Ron Wyden, D-Ore., asked for unanimous consent to pass the bipartisan measure after it passed in the GOP-controlled House earlier this year and was not likely to win the 60 votes needed in the Senate.

Cotton objected and blocked the attempt.

"The PRESS Act would undermine our national security and turn liberal reporters into a protected class," Cotton said in a speech Tuesday on the Senate floor.

"Releasing classified information is a serious crime. Contrary to what members of our press must think, a press badge doesn't make you better than the rest of America or put you above the law."

"No American citizen should be afforded the privileges provided in this bill, least of all the media."



Senate majority leader Chuck Schumer, D-N.Y., told Republicans earlier Tuesday to get out of the way.

"This bill would protect journalists against overreaching government surveillance," Schumer wrote in a post on X.

"It would ensure reporters can't be legally required to disclose sources or research files or hand over data held by phone and Internet companies," Schumer added.

"This bill is bipartisan and passed the House. Senate Republicans should not get in the way."
CRIMINAL CAPITALI$M

U.S. fines foreign airlines $825K for designator code violations, flying in prohibited air space

By Mark Moran

Dec. 12 (UPI) -- The U.S. Department of Transportation has fined a pair of foreign airlines $825,000 for operating flights in prohibited airspace while using other carriers' designator codes, the department announced Thursday.

U.S. authorities fined Etihad Airways $400,000 for using United Airlines designator code and Ethiopian Airlines $425,000 for using the code that belongs to JetBlue Airways.

"Ethiopian Airlines operated a significant number of flights carrying the United Airlines code between Ethiopia and Djibouti in airspace prohibited by the FAA to U.S. operators," the Transportation Department officials said in a statement.

The department's consumer affairs office said Ethiopian violated the law between February 2020 and December 2022. Some of the violations occurred even after officials announced they were conducting an investigation into the carrier's practice.


"By operating these flights in this manner, Ethiopian Airlines violated the conditions of its authority to operate and engaged in air transportation without the proper DOT authority," the release continued.

Etihad operated flights between the United Arab Emirates and the United States in airspace prohibited by the FAA to U.S. operators using JetBlue's code between September 2002 and April 2023, the department said.

Ethiopian Airlines and Etihad Airways were both ordered to cease and desist from future violations.
DOJ accuses Mount Vernon, N.Y., police of systematic civil rights violations



Federal prosecutors on Thursday published a report detailing civil rights violations systematically committed by the police department in Mount Vernon, N.Y. File Photo by Bonnie Cash/UPI | License Photo



Dec. 13 (UPI) -- Federal prosecutors are accusing the Mount Vernon Police Department of committing civil rights violations, such as routinely using excessive force, making arbitrary arrests and conducting unlawful strip and body cavity searches.

The Justice Department on Thursday released its report following a three-year investigation into the department, finding that it "engages in a pattern or practice of conduct that deprives people of rights secured by the U.S. Constitution and federal law."

The report states the department engages in using excessive force, including unnecessarily escalating minor encounters and using Tasers and "closed-fist strikes" against suspects who have already been taken to the ground.

It also highlights a practice of making arrests without probable cause and conducting unlawful strip and body cavity searches until at least last year, it said.

An example of of the "inadequate policies, training, supervision and accountability" at the department, as highlighted in the report, is the arrest of two women, ages 65 and 75, in June 2020.

The report states officers conducted a traffic stop on suspicion the women had engaged in a "hand-to-hand drug transaction." Their car was searched, and when no drugs were found, they were driven to the police station, where the women were made to "completely disrobe -- including their bras and underwear -- and told them to bend over and cough."

After no contraband was discovered, the women were taken back to their vehicle and released.

However, an Internal affairs investigation found that the arresting officer had lied and there was no reason for the stop.

"The driver of the car explained she had given her husband a five-dollar bill to purchase a lottery ticket," the report states.

Internal records show that this is the only strip search in 10 years that the Mount Vernon Police Department admits was wrongful, despite the investigation finding both women detectives who performed the search confirmed "they routinely conducted strip and visual cavity searches of all female arrestees, consistent with MVPD practice."

Mount Vernon Mayor Shawyn Patterson-Howard acknowledged receipt of the report on Thursday and vowed to continue working with the Department of Justice to address the issues identified.

"We have never run from this issue. We wholeheartedly support our good officers and at the same time will not tolerate and will punish unconstitutional policing," the mayor said in a statement.

Justice Department officials stated the city has taken preliminary actions to address some of the issues but must implement comprehensive measures to end its unconstitutional practices.

The report outlines 10 recommendations, mostly revolving around the implementation of policies, training and supervision.

"We stand ready to work with Mount Vernon officials to achieve constitutional policing and to strengthen community trust. Police reform will not happen overnight," Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division said in a statement.

Mount Vernon, a suburb of New York City, is home to roughly 67,000 people in Westchester County. The Department of Justice opened its investigation into its police department in December 2021.

ALT. HEALING

Reiki might help ease pain for cancer patients

By Ernie Mundell, HealthDay News

Dec. 13, 2024 / 

The ancient Japanese practice of reiki "energy healing" might help some cancer patients deal with the pain that can come with infusion therapies, new research shows. Photo by Adobe Stock/HealthDay News

The ancient Japanese practice of reiki "energy healing" might help some cancer patients deal with the pain that can come with infusion therapies, new research shows.

"Outpatients receiving reiki during infusion reported clinically significant improvements in all symptoms, high levels of satisfaction and a qualitatively positive healing experience," reported a team led by Natalie Dyer, of Connor Whole Health at the University Hospitals of Cleveland.

Her team published its findings recently in the Journal of Pain and Symptom Management.

The Cleveland Clinic notes that reiki "has roots in ancient Japanese healing practices and is considered a form of energy healing. It stems from the Japanese words 'rei,' meaning universal, and 'ki,' meaning vital life force energy."

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The theory behind reiki is that people all have a life force and a reiki master (a practitioner trained in reiki) can channel the "universal life force energy" to you by either lightly touching you with their hands or hovering their hands above you, "channeling" energy in healthy ways.

Does reiki work beyond a possible placebo effect? That still "up for debate," the Cleveland Clinic said, and probably will be for some time to come.

In the new study, Dyer and colleagues tracked outcomes for 268 cancer patients who were receiving infusion treatments such as chemotherapy on an outpatient basis.

These treatments can come with painful side effects, such as fatigue, nausea and anxiety.

Patients were asked about their level of various forms of discomfort before and after a 15-20-minute reiki session given during their infusion treatments. In all, 392 reiki sessions were conducted.

According to patient testimonies, reiki brought about "clinically significant mean improvements in all measured symptoms," as detailed in a Connor Whole Health news release. These included noticeable declines in pain, fatigue, anxiety, nausea and well-being.

Patients also reported feeling relaxed, with positive body sensations, helpful emotions and gratitude. Most requested another reiki session, the authors noted.

The effects were only measured over the short-term, however, and more study is needed to see if any benefits linger over the longer term.

In the meantime, "this study has provided valuable insights for the effects reiki can have on our patients." Dr. Francoise Adan, chief of Whole Health and Director of Connor Whole Health, said.

More information

Find out more about reiki at Kaiser Permanente.
Bank groups sue CFPB over rule to limit overdraft fees


Banks and credit unions said Thursday they plan to sue the federal Consumer Financial Protection Bureau for adopting that would limit overdraft fees. File Photo by Billie Jean Shaw/UPI

Dec. 13 (UPI) -- Banking groups said they plan to sue the federal Consumer Financial Protection Bureau for adopting a rule that would limit overdraft fees.

The Consumer Bankers Association, American Bankers Association, America's Credit Unions, and the Mississippi Bankers Association filed the suit Thursday, arguing their billions in profits from overdraft fees "are an essential lifeline for consumers when they experience unexpected expenses."

"Without overdraft services, consumers on the margins are more likely to turn toward worse, less-regulated non-banking services to fill the gap," Consumer Bankers Association President and CEO Lindsey Johnson said in a statement.

The groups said the final rule introduced by the CFPB on Thursday, "exceeds its regulatory authority."

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CFPB proposes rule requring paycheck advance cost disclosures

"More importantly, the CFPB fails to appropriately consider how its actions will harm the consumers who most benefit from the access to the liquidity enabled by overdraft services," they wrote.

The CFPB said the rule brings overdraft loan fees into compliance with the Truth In Lending Act while still allowing sufficient fees to banks and credit union overdraft loans.

It added that overdraft fees added $5.8 billion in expenses for bank and credit union customers in 2023.

"For far too long, the largest banks have exploited a legal loophole that has drained billions of dollars from Americans' deposit accounts," said CFPB Director Rohit Chopra in a statement. "The CFPB is cracking down on these excessive junk fees and requiring big banks to come clean about the interest rate they're charging on overdraft loans."

President Joe Biden proposed the new rule on overdraft fees in January, saying "banks call it a service -- I call it exploitation."

America's Credit Unions President and CEO Jim Nussle said in a statement that the new CFPB saving consumers billions " threatens to eliminate financial protections for consumers."

The rule does not eliminate the fees but gives banks and credit unions options of charging low fees just enough to cover their costs or to continue to profit from charging the fees as long as they comply with the Truth In Lending Act.

"The CFPB's final overdraft rule exceeds the Bureau's statutory authority, ignores thoughtful industry and stakeholder feedback, and will harm the very consumers the CFPB claims to protect," ABA President and CEO Rob Nichols said in a statement.






NASA updates 'Moon to Mars' roadmap for exploring Red Planet


NASA's Artemis II Orion Spacecraft sits in the Operations and Checkout Building at the Kennedy Space Center, Fla., on Aug. 8, 2023. NASA on Friday issued an update of its "Moon to Mars" blueprint which includes Artemis missions to the Moon that will help prepare for human exploration of the Red Planet.
 File Photo by Joe Marino/UPI |

Dec. 13 (UPI) -- NASA on Friday issued updates to its "Moon to Mars architecture," its exploration blueprint that includes Artemis missions to the moon that will help prepare for human exploration of the Red Planet.

Among the updates is a decision to use fission power as the primary source of power on the Martian surface to sustain crews, the agency announced as part of its 2024 Moon-to-Mars Architecture Concept Review.

Fission power is a form of nuclear power that would be unaffected by day and night cycles or potential dust storms on Mars.

"NASA's selection of nuclear power technology over non-nuclear power technology was driven primarily by the need to mitigate the risk of loss of mission," scientists stated in a white paper issued Friday. "To make the decision, NASA traded numerous power technologies, ultimately down selecting to nuclear fission systems versus photovoltaic arrays with energy storage (i.e., solar panels with batteries)."

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Although solar power may have a lower per unit cost, fission power "is more robust and better suited to the Martian environment," the agency concluded, noting that fission "can provide consistent power generation for a wide range of potential landing sites, around the clock, and during global dust storms."

NASA also issued 11 other white papers in its Moon-to-Mars architecture review.

"NASA's Architecture Concept Review process is critical to getting us on a path to mount a human mission to Mars," NASA Associate Administrator Jim Free said in a statement. "We're taking a methodical approach to mapping out the decisions we need to make, understanding resource and technological trades, and ensuring we are listening to feedback from stakeholders."  

Among the updates, NASA also revealed it is moving ahead with planning for the development of a lunar surface cargo lander and an initial lunar surface habitat.

The lunar surface cargo lander will deliver logistics items, science and technology payloads, communications systems, and more. In its white paper, experts forecast a cargo demand range of 2,500 to 10,000 kilograms per year for annual recurring logistics during the "foundational exploration" phase of human activity on the Moon.

That estimate includes occasional large cargo deliveries of up to 15,000 kg for elements like rovers or habitation modules.

Planning for an initial surface habitat, which will house astronauts on the lunar surface, was also given new priority in the update.

The initial surface habitat will support crews for 30 days with evolvability to 60 days and must operate during multiple days of lunar darkness throughout the year, when temperatures can plummet to -250 degrees Fahrenheit or lower in some areas of the moon.

Under current assumptions, the surface habitat will provide accommodations for two crew members with a surge capacity of four crew for short durations, such as during crew swap-outs between the habitat and a pressurized surface rover. The habitat would include functional space for medical care, sleeping quarters, a galley and kitchen, science, extravehicular preparation and repair, waste processing, communications, and life support systems.

NASA astronauts head to International Space Station



A United Launch Alliance Atlas V rocket carries the Boeing Starliner capsule on its maiden crewed flight from Complex 41 at Cape Canaveral Space Force Station in Florida on June 5, 2024. Photo by Joe Marino/UPI | 
Japanese high court rules same-sex marriage ban is unconstitutional


Japanese law prohibiting same-sex marriage from being officially recognized is unconstitutional, the country’s Fukuoka High Court ruled on Friday, becoming the third of eight such legal bodies to do so. File Photo by Jiji Press/EPA-EFE

Dec. 13 (UPI) -- Japanese law prohibiting same-sex marriage from being officially recognized is unconstitutional, the country's Fukuoka High Court ruled on Friday.

The decree marks the third time a Japanese high court has ruled in a similar manner.

Japan's legal system includes eight high courts including Fukuoka, which fall below the Supreme Court of Japan.

A total of 35 plaintiffs filed a lawsuit contesting the legality and constitutionality of Japanese laws enshrined in the county's Civil Code.

This past March, the Sapporo High Court upheld a 2021 lower court decision that found that a lack of protection for same-sex marriages violated the Constitution of Japan.

The Tokyo High Court in October ruled the same way, becoming the second body to do so.

Friday's ruling by the Fukuoka High Court found Japanese civil laws currently in place that prohibit marriage and recognition of same-sex couples, violate parts of the constitution that guarantee equality of both sexes.

"There is no longer any reason to not legally recognize marriage between same-sex couples," Presiding Judge Takeshi Okada said Friday following the ruling.

Japan currently does not permit same-sex marriage or offer any legal protection or recognition for LGBTQ couples, making it the only member of the Group of Seven nations in that regard.

It's not yet clear if legislators will seek to appeal the decision to Japan's supreme court.

Japan's federal government will monitor the situation, Chief Cabinet Secretary Yoshimasa Hayashi told reporters Friday following the court ruling.

Japanese Prime Minister Shigeru Ishiba was elected last month and has publicly expressed support for LGBTQ marriage.

Finding the Unmentionable: Amnesty International, Israel and Genocide

December 16, 2024
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Photograph Source: 7C0 – CC BY 2.0

It was bound to happen. With continuing operations in Gaza, and increasingly violent activities being conducted against Palestinians in the occupied territories, human rights organisations are making increasingly severe assessments of Israel’s warring cause.  While the world awaits the findings of the International Court of Justice on whether Israel’s campaign, as argued by South Africa, amounts to genocide, Amnesty International has already reached its conclusions.

In a 296-page report sporting the ominous title “You Feel Like You Are Subhuman”, the human rights body, after considering the events in Gaza between October 2023 and July 2024, identified a “pattern of conduct” that indicated genocidal intent.  These included, among other things, persistent direct attacks on civilians and objects “and deliberately indiscriminate strikes over the nine-month period, wiping out entire families repeatedly launched at times when these strikes would result in high numbers of casualties”; the nature of the weapons used; the speed and scale of destruction to civilian objects and infrastructure (homes, shelters, health facilities, water and sanitation infrastructure, agricultural land”; the use of bulldozing and controlled demolitions; and the use of “incomprehensible, misleading and arbitrary ‘evacuation’ orders’”.

The report does much to focus on statements made from the highest officials to the common soldiery to reveal the mental state necessary to reveal genocide.  102 statements made by members of the Knesset, government officials and high-ranking commanders “dehumanized Palestinians, or called for, or justified genocidal acts or other crimes under international law against them.”  The report also examined 62 videos, audio recordings and photographs posted online featuring gleeful Israeli soldiers rejoicing in the “destruction of Gaza or the denial of essential services to people in Gaza, or celebrated the destruction of Palestinian homes, mosques, schools and universities, including through controlled demolitions, in some cases without apparent military necessity.”

From its alternative universe, the Israeli public relations machine drew from its own agitprop specialists, working on mangling the language of the report.  The formula is familiar: attack the authors first, not their premises.  “The deplorable and fanatical organisation Amnesty International has once again produced a fabricated response that is entirely based on lies,” came the howl from Israeli Foreign Ministry spokesperson Oren Marmorstein.

Other methods of repudiation involve detaching Hamas and its war with Israel from any historical continuum, not least the fact that it was aided, supported and backed by Israel for years as a counter to Fatah in the West Bank.  Isolating Hamas as a terrorist aberration also serves to treat it as alien, artificially foreign and not part of any resistance movement against suffocating Israeli occupation and strangulation.  They, so goes this argument, are genocidal, and countering such a body can never be, by any stretch, genocidal.  The pro-Israeli group NGO Monitor abides by this line of reasoning, calling allegations of genocide against Israel “a reversal of the actual and clearly established intent of Hamas and its allies (including its patron, Iran), to wipe Israel off the map”.

Israel’s closest ally and sponsor, the United States, proved predictable in rejecting the findings while still claiming to respect the humanitarian line.  The US State Department’s principal deputy spokesman, Vedant Patel, expresseddisagreement “with the conclusions of such a report.  We had said previously and continue to find that the allegations of genocide are unfounded.”  Patel did, however, pay lip service to the “vital role that civil society organizations like Amnesty International and human rights groups and NGOs play in providing information and analysis as it relates to Gaza and what’s going on.”  Vital, but only up to a point.

Far less guarded assessments can be found in the American pro-Israeli chatter sphere.  These follow the usual pattern.  Orde Kittrie, senior fellow of the Foundation for Defense of Democracies, a name that can only imply that crimes committed in such a cause are bound to be justifiable, offers a neat illustration.  Amnesty, he argues, “systematically and repeatedly mischaracterizes both the facts and the law.”  Kittrie suggests his own mischaracterisation by parroting the IDF’s line that Hamas had “increased casualty counts by illegally using Palestinian civilian shields and by hiding weapons and war fighters in and below homes, hospitals, mosques, and other buildings.”  This conveniently ignores that point that the numbers are not necessarily proof of genocidal intent, though it helps.

The report also notes that, even in the face of such tactics by Hamas, Israel was still “obligated to take all feasible precautions to spare civilians and avoid attacks that would be indiscriminate or disproportionate.”

Amnesty International’s report is yet another addition to the gloomy literature on the subject.  Human Rights Watch, in November, pointed to violations of the laws of war, crimes against humanity, and the provisional measures of the ICJ issued urging Israel to abide by the obligations imposed by the UN Genocide Convention of 1948.  The Israeli human rights organisation B’Tselem stated in no uncertain terms in October that “Israel intends to forcibly displace northern Gaza’s residents by committing some of the gravest crimes under the laws of war”.

Battling over the designation of whether a campaign is genocidal can act as a distraction, a field of quibbles for paper pushing pedants.  The “specific intent” in proof must be unequivocally demonstrated and beyond any other reasonable inference.  A smokescreen is thereby deployed that risks masking the broader ambit of war crimes and crimes against humanity.  But no amount of pedantry and disagreement can arrest the sense that Israel’s lethal conduct, whatever threshold it may reach in international law, is directed at destroying not merely Palestinian life but any worthwhile sense of a viable sovereignty.  Amnesty Israel, while rejecting the central claim of the parent organisation’s report did make one concession: the country’s brutal response following October 7, 2023 “may amount to crimes against humanity and ethnic cleansing.”

Binoy Kampmark was a Commonwealth Scholar at Selwyn College, Cambridge. He lectures at RMIT University, Melbourne. Email: bkampmark@gmail.com