Let Them Light Candles

AS reported by news media around the world, Israel decided several days ago to interrupt fuel and electricity supplies to Gaza in response to Hamas rocket attacks on Israel -- actually on the township of Sderot, 1 kilometer from the Gaza border. In view of the Palestinian attacks on innocent civilians, Israel’s intermittent power cut seemed to bespeak a super human patience and forbearance. Why God Himself could hardly be as mild in his judgements. Inconvenient? Well Let them light candles!

But there is always the “fine print”. Overlooked in all the blather about electricity cut offs was the following, courtesy of the New York Times:

"Israel said Sunday day that they had begun reducing fuel supplies to the Gaza Strip and had closed one of the two crossings through which food, medicine and other supplies pass into the area. ... As a result, only limited supplies of basic goods are allowed to enter the strip, and all exports of produce are prohibited. ...

"[According to a government spokesman,] the number of trucks of food and other goods entering Gaza will be reduced to roughly 55 trucks a day from 100 to 120, “We will allow in the minimum amount of food and medicines necessary to avoid a humanitarian crisis,” he said.”

A fifty percent reduction in food supplies? On a per-capita basis that boils down to a starvation diet. The “humanitarian crisis” Israel labors hard to avoid means what? The avoidance of “mass death”? But wait, what do starvation diets lead to?

Perhaps one could take a page from Raphael Lemkin’s seminal work “Axis Rule in Occupied Europe.” According to Lemkin, who coined the term, genocide operated on cultural, social, economic and biological levels. Lemkin writes:

“The destruction of the foundations of the economic existence of a national group necessarily brings about a crippling of its development, even a retrogression.”

The physical debilitation and even annihilation of national groups in occupied countries is carried out mainly in the following ways:

1. Racial Discrimination in Feeding. Rationing of food is organized according to racial principles throughout the occupied countries. "The German people come before all other peoples for food," declared Reich Minister Göring on October 4, 1942. In accordance with this program, the German population is getting 93 per cent of its pre-war diet, while those in the occupied territories receive much less: in Warsaw, for example, the Poles receive 66 per cent of the pre-war rations and the Jews only 20 per cent.

2. Endangering of Health. The undesired national groups, particularly in Poland, are deprived of elemental necessities for preserving health and life. This latter method consists, for example, of requisitioning warm clothing and blankets in the winter and withholding firewood and medicine. . . . Such measures, especially pernicious to the health of children, have caused the development of various diseases.

Lemkin’s schema of genocide has not been fully incorporated into international law. Nevertheless, it provides a cogent framework for analyzing genocidal policies from sociological and ethical perspectives. Cutting back on food deliveries in Gaza is strictly analogous to the General Gouvernement’s food “policies” in occupied Poland.

To argue that such measures are “reprisals” against a so-called barrage of rocket attacks on civilian Sderot is simply beside the point. International law prohibits indiscriminate reprisals. The whole purpose of the prohibition is precisely to put limits on the kinds and degrees of retaliation allowed. The limitations presuppose that there is something to retaliate over in the first place. To argue that the “right to retaliate” wipes away limits is simply to wipe away international law itself.

Precisely that kind of “they-started-it” argument was rejected at Nuremberg. The Nazi leveling of Lidice, in Czechoslovakia, was done in response to the unlawful, indisputably terrorist murder of Heydrich, the duly appointed administrator of those occupied territories. What made the Nazi response to that and other partisan acts of sabotage and murder a crime was not that retaliation was not allowed, but rather that the retaliation employed was excessive and indiscriminate, if not altogether an excuse to engage in counter-terror over and above deterrence and extermination over and above lawful reprisal.

Israel's trail of tu quoque’s can ultimately only lead back to the inceptional fact that European Zionists sought to colonize and invade a land that was not theirs by any genealogical or mythological stretch. That aside, the you started it gambit doesn’t work because the “its” are neither militarily nor morally equivalent.

Palestinians and Israelis are engaged in a conflict over land. But in this conflict, Israel -- among the world’s foremost military powers -- holds all the cards. It has control of Gaza’s borders. It has control of Gaza’s finances. It has control of Gaza’s air space. It has control of Gaza’s electricity and power. It has control of all entry and exit into Gaza. When democratic elections produced results Israel did not appreciate, it simply resorted to economic strangulation. No Indian Reservation was so controlled as Gaza whose only historical analog in recent memory are Lodz and Warsaw -- and, like Lodz and Warsaw , Gaza is one if not the most crowded places on earth. To claim some kind of moral equivalence from such state of inequality is simply perverted.

All animals will resist their capture and imprisonment. The human animal is no different. It is entirely natural that Palestinians, not wanting to live under Israeli domination, should resist. One should not expect otherwise . To self-righteously intone that they ought not to resist is to dress up in flimsy moral tissue a demand for abject and acquiescent submission.

Gazan resistance is in fact puny and pathetic. They cannot inflict any real damage on Israel. The facts bespeak the inequalities. According to Human Rights Watch, since 2005 there have been 2,700 Q’assam rocket attacks “into Israel”. The holocaustian horror conjured up by such a phrase qua headline is that of Jerusalem, O Jersualem recoiling under a barrage of missiles. Reading the usual zionist histrionics, one might think that a new “holocaust” was in the making. But these “missiles” (jumbo firecrackers really) have a range of a few kilometers and no more. In fact, just about the only place they can hit is the border village of Sderot. Human Rights Watch reports that as a result of these 2,700 attacks four Israeli civilians have been killed and 75 injured.

Contrast these “horrendous” casualties with the almost daily reports of 9, 5, 17, 23, 4, ...... Palestinians killed in some Israel counter-action. We have gotten so accustomed to the daily reports of Palestinian dead that no one pays attention. Adding insult to injury, these dead are brushed aside as “collateral damages”. Israel routinely has some low level corporal announce that Israel was targeting a “military installation” and oooops ... just happened to blow up the surrounding civilian neighborhood. Needless to say, the “military installation” is the rooftop from which the Q’assam rocket was allegedly fired.

Who the hell is the one taking the punches here? Any moron can see that it’s the Palestinians who are hemorrhaging. How the hell does it all add up here? Very simply this: Palestinians and Israelis are trading punches. In this wretched game of retaliation, Israel consistently gets in the better and more bloody punch. So be it. But now comes Israel decked out in the usual sack cloth and ashes and says that in addition to its regime of retaliatory collateral damage it has decided that it “has to” further retaliate by putting all of Gaza under a starvation regimen.

Shit by any other name stinks just as bad; and putting an entire civilian population on a “minimal” allotment of food and medicine qualifies as genocide.

©Barfo, 2007

Links
07/10/30 Israel Restricts Gaza Crossing as Firing Persists - New York Times
http://www.nytimes.com/2007/10/29/world/middleeast/29mideast.html?pagewanted=print

Rafael Lemkin on Web:
http://www.preventgenocide.org/lemkin/index.htm

Human Rights Watch Reports
http://hrw.org/reports/2007/iopt0707/1.htm#_Toc170198335

Mr. Depravity To Spew More Sulfur

Our Depraved Imbecile is scheduled to throw an official temper tantrum before a crowd of Cuban hysterics, White House staffers announced today. According to the New York Times, Mr. Depravity will warn Cuba, in stern and unbending terms, that he will not accept a transfer of power from Fidel to Raul Castro. Of course, the transfer occurred last year. But never mind.

No. No. No. I won’t have it. I demand you listen to me. LISTEN TO ME!!

Imbecile is expected to demand that Cubans continue to resist the Castro regime, as they most certainly must have been doing for the past 60 years.

His Depravity is expected to blather that “while much of the rest of Latin America has moved from dictatorship to democracy” Cuba “continues to use repression and terror to control its people” who have “suffered economically” as a result of Castro’s rule.

No. No. No, you depraved fuckwad, Cuba has suffered economically as a result of a US imposed embargo (aka siege) designed to strangle and starve.

No. No. No, you diarrhea drooling sack of shit, the ones who terrorized their people were US imposed scum like Videla who tossed kids out helicopters, Stroessner who walled up people alive and Pinochet who had women waterboarded and bottle-raped.

It is certainly true that about half of Latin America has moved from US backed dictatorships to US extorted neo-liberal sell-offs. Either way, half the continent continues to live lives of no-win, economic struggle and deprivation while the even less fortunate, the bands of ragged kiddie orphans wandering through Foochimori’s Lima, struggle to find enough sniffing glue to dull the hunger pains.

It is true that, as a communist state, Cuba does not permit capitalist multi-party democracy, that it has curtailed dissent and, at times, imprisoned opposition that went no further than words. At worst, such a record would put Cuba politically on par with a number of Latin-American "democracies" and many others as well. The difference is that the Cuban leadership works for the people's health, education, housing and welfare as best it can; whereas beneath Mr.Depravity's spew of liberal slogans -- odious on account of the policies to which they have been prostituted -- is the naked aim to turn Cuba into yet another third world cesspool where human beings can toil for $1.00 a day and be reduced to picking for scraps on festering garbage heaps.

While the smirking punk may congratulate himself on his pimping for corporate brutality and greed; the other half of Latin America has had enough of Hell’s Nostrums, Murkan style democrapcy and malignant US corporations bankrolling murderous bands of White Guard thugs. That half, is closing US bases, sending the IMF packing, founding its own development bank and elaborating economic polices and social programs that actually help their fellow human beings.

May Batista’s snarling exiled Ferengi gag -- and gag deeply -- on Mr. Depravity's sulfurous fuming.

©Barfo, 2007

Yet Another Revolting Week (14-21 October 2007)

In what has become a never ending cycle of grotesquerie, the week began with a nominee for Attorney General struggling not to condone torture and ended with the Vice President urging an attack on Iran. In between, the world was fetted with the Imperial Imbecile threatening World War III now that France can once again be counted as an ally.

Simulated Mistakes Worse than Sin

Given the Supreme Court’s je suis trop fatigué performance the week previous, it could hardly come as surprise that the wannabe Chief Law Enforcement Officer of the Nation (CLEON) would sound the trumpet for Imperial Prerogative while palavering excuses for torture. Testifying before Congress, former federal Judge Mukasey imperfectly suggested that torture was a “sin” while dribbling marbles over whether “waterboarding” constituted torture. Mukasey just couldn’t figure it out. After all waterboarding only “simulates” the feeling of drowing; and since the “subject” is not actually drowning it can’t be all that bad, right? Well gee..... why don’t we just interrogate victims by feeding them chocolate coated brandy bon bons?

The fact is (for those blessed with the most minimal inferential faculties) that waterboarding “simulates” drowning by cutting off air-flow. There is no other way to simulate drowing. None. And, for all who have experienced it, a lack of airflow is extremely painful causing the body to convulse with all desperate force to locate and get air. Does it really make a goddam bit of difference whether the deprivation of oxygren occurs because your nose and mouth are “blocked” or your head is dunked under water? No, it does not. And most humans will talk -- and talk anything -- if only because it gives them a chance to get air.

Credit where credit is due. Senator McCain expressed incredudilty at Mukasey’s slithering response. Hanoi taught McCain something, that’s for sure.

In old days “simulated drowining” was called dunking. It was done (judicially of course) to witches in New and Olde England. At some point in the late 18th Century, the practice came to be condsidered a national disgrace -- a disguting barbarity of which we were ashamed. We were taught, then, that mankind -- at least the civilized portion of it -- had progressed and that this sort of thing was no longer tolerated. We could point to the Eighth Amendment which prohibted cruel and unusual punishment even for those who were convicted of something -- the authors of the Bill of Rights evidently considering it superfluous to state that torture of the presumptively innocent was also prohibited.

Given his excuse-making for dunking, Mukasey’s avowed condemnation of torture didn’t float very well. According to Mukasey, the infamous Brybee Memo from the Office of Legal Counsel condoning torture was “worse than a sin, it was a mistake.” A “mistake” is worse than a “sin”? Is that the kind of idolatrization of expediency that passes for a “moral construct” in the U.S. government? One is left to suppose that Mukasey regards the the Crucifixion of Christ as a tactical error. Well... dunkings, hangings, “three-meals and a Koran “ (Mukasey’s describption of Guantanamo’s human kennels) are certainly stepping stones.... Jay Brybee is now a judge on the Ninth Circuit Court of Appeals and there is no mistaking that Mukasey will be confirmed as CLEON.

The Kick-Ass Duo -- Yeeeeeehaw!

While Mukasey was entertaining the Senate with his moral low-wire acts, His Imbecility was appalling the rest of the world with his belligerent blatherings. Perhaps Imbecile was simply trying to show friendliness to our new-found, old ally, La Belle France which has, it would seem, joined in the war against terror sans frontiers.

The election of Nikolas Sarkozy as president of France was generally seen as signalling a raprochement with Washington. Sarkozy’s subsequent appointment of Bernard Kouchner as Foreign Minister could only be seen as an accouchement with the zio-con war hawks in Washington. That Kouchner was openly partial to Israel was one thing; that he not too subtly threatened Iran with war was quite another.

Is it at all surprising that imbeciles rush in where devils are backpedaling out of ? Kouchner’s Jolly Roger was hauled down almost as quickly as it had been run up. To keep it down, Vladmir Putin seized the occasion of this week's conference of Caspian Sea Nations to rebuke Kouchner’s “‘misunderstood” remarks. “We should not even think of making use of force in this region,” Mr. Putin declared. That in turn brought a rebuke from Imbecile himself who took to his podium to declare that Iran was threatening Israel and “if you’re interested in avoiding World War III, it seems like you ought to be interested in preventing [Iran] from having [the] knowledge necessary to make a nuclear weapon.”

No one in the mudia saw fit to ask who the hell “you” was. Perhaps Imbecile meant Helen Thomas sitting in the front row? Anyone who can connect dots could see that “you” was none other than erstwhile soul-mate “Puti.” The threat was not directed so much at Iran as it was at Russia. Oh that’s just great. Goes to show Imbecile really has balls.

The dismal week ended fittingly enough with the Administration’s Albrecht emerging from his subterranean cave to scowl and growl and threaten Gotterdamerung should Iran get the fabled ring of nuclear power. Speaking to the converted at the pro-zionist Washington Institute for Near East Policy, an ever-grimacing Cheney said, “We will not allow Iran to have a nuclear weapon.” To this end, Cheney threatened that the U.S. and other nations were “prepared to impose serious consequences” on Iran.

Although Virginia Senator Jim Webb stated last week that a military strike on Iran, was Cheney's “fondest pipe dream”, the subservient Anglo-Murkan press repeatedly intoned that “The vice president made no specific reference to military action.” But Cheney did not need to say the boogeyword -- certainly not to this audience of war-mongering zionist hawks. It is often the case that to understand the speaker one has to understand the audience, and Cheney’s audience on Sunday was none other than the Israeli promoted war-on-Iran crowd. A wink and a slur would do for them.

While Cheney’s scowling could perhaps be viewed as a “downward correction” of Imbecile’s far greater threat, the core question that has to be asked is what kind of criminal madmen could fondly pipe dream about igniting a regional holocaust, to say nothing of World War III? Does the stunted, infantilized Murkan consciousness even grasp the destruction and suffering such words signal?

Resorting to its tried and trite savant mode, the New York Times reported with detachment that the Bush-Cheney remarks were viewed as ratcheting up the diplomatic rhetoric in what is apparently a game of “hold-me-back!” What ought to be remembered is that war whoops usually lead to war.

©Barfo, 2007

A Misprint !

The News: It was announced today (18 October 2007)that AeroMexico had been sold at auction to the Barrazas business group at Banamex (Mexico's Pseudo National Bank). A "misprint" in the auction rules resulted in other bidders' bids being placed two minutes past the deadline and therefore disqualified. Grupo Barrazas had been a major financial supporter of Quisiling Calderon's bid for the presidency which itself was put on auction last year, although the bid amount was not disclosed until today.

The Note: This reminds me of the scene from I Claudius, in which Tiberius and his astrologer break into uncontrollable laughter upon being told that Marcellus died in a "boating accident".

Banamex is owned by Citigroup which is no doubt overjoyed with Mexico's new found democracy.

©Barfo, 2007
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Supreme Shame.

This week, the United States Supreme Court covered itself with indelible, shame. It prostrated itself before the Imperial Executive's invocation of raison d'etat and denied judicial view to a German litigant who had sued the C.I.A. for kidnapping, false imprisonment and torture.

It would be unright to say that with "a stroke" the Supreme Court undid the very principle of legality upon which this country was founded. The Court was so utterly supine that its "act" of declining to hear an appeal from a lower court dismissal of the suit consisted in assuming a posture of complete judicial passivity and indifference to its own raison d'etre. A crown agent all but walked into the Atrium of Justice, pronounced two words and the court vanished itself like so much water receding into sand.

There was a time when every eighth grader understood that judicial review was the sole bulwark against the evil of secret state security courts like the dreaded Star Chamber. What made the Star Chamber infamous was not that it was irregular or arbitrary. On the contrary, like any inquisitorial court, the Chamber was governed by precise procedures designed to insure the reliability of its judgements. Except, that is, for those special procedures later embodied in the Fifth and Sixth amendments of the Bill of Rights which have been considered necessary to insure fundamental notions of fairness.

What procedures? Nothing more than the right against self-incrimination, the right to be informed of the charges, the right to confront and examine one’s accusers, the right to produce evidence in self-defense and the right to a speedy, full and fair hearing with the assistance of counsel in open court.

Why "fundamental"? Because the justness and necessity of these rights is either self-evident or it is not. These rights are "axiomatic" because they cannot be proved right or wrong. They comprise the Constitutional Faith on which this country was founded. There are arguments that can be made -- and that have been made even by certain Harvard and Yale professors -- in favor of secret proceedings, interrogations in the dark and torture. They are even "reasonable" arguments based practical calculations of risks and benefits. But, for all that, they are not "what we are about." And "what we are about" -- as a People of a certain political faith -- is reflected in the Bill of Rights and the principle of Judicial Review.

There was a time when every eighth grader had read the story of Lord Coke's confrontation with King James I when the Chief Justice approached the Throne and announced that the King himself was subject to the Law. James grew "mightily wroth" and moved to strike Coke who was ushered away. But it was a judicial shot across the bow of executive power. Three years later, in 1610, Coke handed down the decision in Dr. Bonham's Case. The problem in that case was that Bonham was not much of a doctor and had been tried, convicted and fined by the Royal College of Physicians for practicing without a license. Coke and two other judges ruled that the College could not act as a judge in a case in which it was also a party, even if Parliament had given it the "right" to do so. In rendering judgement, Coke announced that "the common law doth control Acts of Parliament, and sometimes adjudge them to be void ... as when an Act of Parliament is against Common right and reason, or repugnant...." By "the common law" Coke unmistakably meant the judiciary. As Chief Justice Marshall would put it near two hundred years later, in Marbury v Madison, "It is emphatically the province of the judiciary to say what the law is."

"What the law is..." is not a question of mere legality. After all, in Bonham's Case Parliament had passed a law authorizing his trial and conviction by the College of Physicians. But for Coke that was not enough because, in his view, that law was "against Common right and reason." To say as much was something of a judicial pun or feint of pen. Because it would have been logically nonesense to state that a law was illegal, Coke subordinated the common law to something higher -- to something he called "common reason". It is this subordination of legality to higher, concepts of due process, reason and fairness that is the foundation of Anlgo-American constitutionalism, and this subordination of law to reason necessarily entails an ultimate subordination of the Executive to the Judiciary.

Later in his career, after consistently making life difficult for his sovereign, Lord Coke went on to draft the Petition of Right one of a long line of English antecedents to the US Bill of Rights. Building on the principles announced in Magna Carta, Coke declared that all men -- not only Lords, Barons and Peers of the Realm -- had a right against arbitrary state actions and exactions. The petition declared unconstitutional certain actions of the king, such as levying taxes without consent, housing soldiers in homes, setting up martial law, and having men imprisoned, disinherited or put to death "without being brought to answer by due process of law."

Lord Coke's career illustrated that judicial review, constraint on executive power, constitutionalism and individual rights, are all strands in one seamless garment. Each implies the other and without any one the fabric unravels. Ultimately, these principles protect our right to breathe free and unshadowed by fear -- fear of unwarranted arrest, night-time detentions, renditions to dark and unknown places and torture. It was not for nothing that the bronze doors to the Supreme Court depict Lord Coke barring King James from sitting as a Judge.

Not for nothing? This week, a crown agent, in effect, pushed through these very doors and with two words -- "National Security" -- barred the Justices from sitting as Judges and denied a man the right to have his case heard in court. This was a case in which the United States Government violated every known principle of "due process" by abducting, imprisoning and torturing a man without even telling him why and on what basis it was subjecting him to such a nightmare. Like all tyrants, the Government condoned itself with the usual spew about safety and necessity. And hiding in their Mausoleum of Justice, Coke's wretched descendants did nothing. There will doubtlessly be those legal hacks who will try to explain away the Court's judicial decadence by blathering about "ripeness of issues" or the need to await the "appropriate vehicle" in the "correct procedural posture." Bullshit.

Tuesday October 9th was a funereal day for the little that was left of five hundred years of constitutionalism. Odious in the eyes of those who apprize liberty, the scum on the court have earned their place in the gutters of history.

©Barfo, 2007

Islam Hate is Quite Acceptable in Polite Society

The News: The National Iranian American Council is calling on the Bush administration to dismiss a Pentagon official who told a visiting foreign delegation "I hate all Iranians." Debra Cagan, the Deputy Assistant Secretary for Coalition Affairs made the comment last month during an official meeting with British MPs.

The Note: Somebody has been feeding at the trough of the New York Post and Sun. Isn't it wonderful to know that "our" military is in the hands of cool, dispassionate professionals? And isn't it curious that the UK's PC-censors were so quick to ignore Cagan's incitement to race hate?

©Barfo, 2007