SECTION
Settlements are unsustainable, and Netanyahu knows it by Dave Osler

Israel’s announcement of plans for 1,600 new settler housing units in illegally occupied Palestinian territory has triggered both stern condemnation from Washington and rioting on the streets of East Jerusalem. And just to highlight their heartfelt regret over these adverse reactions, the Israeli authorities have today confirmed their desire to build 300 more.

It is difficult to interpret such intractable obstinacy as anything other than deliberate provocation, and not just in respect of the timing. As Netanyahu is well aware, substantial withdrawal is the sine qua non for the two-state policy increasingly pressed on his government by the rest of the world.

Yet his evident determination to scupper this outcome is so deep that he is willing quite literally to try and build his way out of his impasse. Not only can he not be allowed to succeed; he cannot succeed, even within his own terms.

Netanyahu’s hardline position puts him directly at odds with majority opinion in his own country. Most Israelis do not regard preservation of settlements in Palestinian territory as a fundamental objective of the state, and do not believe that the interests of settlers take priority over those of the population in general.

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Moral courage in Alternative Iraq by Don Paskini

Nigel Biggar, professor of moral and pastoral theology at the University of Oxford, has written an article in the Financial Times arguing that the Iraq war was necessary to stop or prevent a sufficiently great evil.

This is a good opportunity to test out a piece of the liberal-left infrastructure that Sunny talks about trying to build. In the past, we have had to go through particularly bad articles, such as this one, and take the arguments to pieces line-by-line. This can be time consuming and after a while gets kind of tedious.

Wouldn’t it be useful if there were a website which had already anticipated terrible arguments like this, and mocked and rebutted them for us?

To test this out, I used the Decentpedia, which has an extensive catalogue of arguments made by supporters of the Iraq war. continue reading… »

Mahmoud al Mabhouh: the ethics of state-sponsored assassination by Dave Osler

There now seems little doubt that Mossad took out Hamas commander Mahmoud al Mabhouh, either with or without the complicity of other Palestinian elements. Yet astonishingly enough, the debate on the assassination somehow centres on alleged duplicitous use of British passports on the part of the Isrealis.

Effectively, the Israeli ambassador to London has been summoned to the Foreign Office for a bollocking, at which David Miliband will tell him: ‘Look, no problems with you lot bumping off that dodgy Pally bloke. But it’s just not on for your country’s hit squads to travel on fake UK papers, old chap. Don’t let us catch you doing it again.’

What is being missed here is the question of whether premeditated extrajudicial murder of specific individuals at the behest of a state can ever be morally legitimate, and whether or not it was morally legitimate in this instance.

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Anti-war zealotry, Israel and Aaronovitch by Claude Carpentieri

Do you remember when last year Iraq war zealot and Tony Blair fan David Aaronovitch wrote of the “pointlessness” of accusing Israel of disproportionate force in Gaza?

“Pointless outrage”, he called it, as he wrote in the Times that “Israel takes care with its targeting, [the Palestinians] don’t”.

Like he still does over Iraq, Aaronovitch was oozing confidence that yet another war was “morally just”.

Around that time, Amnesty International and other observers obtained evidence that Israel had used white phosphorous -reports also substantiated by Aaronovitch’s own paper, the Times. All “pointless” stuff, of course.

And yet the UN too, with the Goldstone report, accused the IDFS of using “disproportionate force”, a claim that was immediately rejected by the Israeli government as “flawed from A to Z”, “biased” and “ludicrous”, along with allegations that white phosphorous had been used.

One year later and the tune has changed. The Israeli government published its report to the UN, admitting -crucially- that “[S]everal artillery shells were fired in violation of the rules of engagement prohibiting use of such artillery near populated areas”. In particular, the report refers to a UN compound sheltering 700 civilians that was set ablaze by white phosphorus shells.

Which, I guess, goes to show the “pointlessness” of overpaid commentators a-la Aaronovitch.

Tony Blair: a man simply of belief by Claude Carpentieri

Tony Blair’s appearance at the Chilcot inquiry reminded us of the guy’s exceptionally slippery eel-like qualities.

Also, like Andrew Rawnsley remarked in Sunday’s Observer, the former PM’s job was made a lot easier by the “feeble” nature of the panel:

“Time and again, they approached an interesting subject area, stumbled around like people in the dark trying to find the light switch and then abandoned the quest without leaving themselves or anyone watching much the wiser about the most divisive war in the last century of our history”.

I don’t normally agree with Peter Hitchens, but he nailed it right on the head when he wrote:

“Mr Blair, questioned in a feeble and disorganised way, talked himself out of trouble by answering questions he hadn’t been asked and not answering the ones he was asked. His interrogators mostly didn’t notice this simple trick, which dishonest people instinctively use”.

All we learnt is that, after years of reasons for going to war mutating faster than the Sars virus (in succession, WMDs, violation of UN resolutions, Al Quaeda, human rights and ‘regime change’), we are now told that 9/11 was what really did it.

The former PM said: “The crucial thing after 9/11 is that the calculus of risk changed… After September 11, if you were a regime engaged in WMD (weapons of mass destruction), you had to stop.”

Yet, even if you agreed with this line of thought, it would only make sense if they’d held accountable each and every regime that was suspected of engaging in WMDs. You do it only with one and it’s like trying to contain a bursting dam with a brolly.

And, in any case, hadn’t the slippery christian said in the infamous Fern Britton interview that he’d have gone to war anyway regardless of WMDs?

Not to mention that no-one raised the simple straightforward objection that Iraq had jack to do with 9/11. If anything, a number of countries were far higher in the list of potential involvement. The hijiackers, for instance, were from Saudi Arabia, Egypt and the United Arab Emirates. No evidence whatsoever existed of any link between Iraq and Al Quaeda.

The panel also failed when Blair was asked why he had insisted on a second UN resolution if he now thinks that the first one was enough to legally justify the war. They allowed him to slip out of that contradiction without further prodding.

Fair enough suspicion. Fair enough emotions running high. Fair enough the desire to appear tough before so-called rogue states. But can you raise raze an entire country to the ground purely on that basis – in the 21st century? Can you be so geo-politically inept and blind to the extra oil you’re going to pour on the flames? Can you play with so many people’s lives just like that, when the motivations are so hit and miss?

It has been years now that Tony Blair has been getting away with lame justifications such as “God will be my judge on Iraq“, “I did what I thought was right for the country“, or ” I believed in it. I believed in it then, I believe in it now“.

But you ask any prime minister, president, führer or member of a junta and they’d probably say, through history, that they too believed in what they thought was right. And that is just shit.

Learning about war through Hitchens by Flying Rodent

“Any fight you’re going to have eventually, have it now… We should pick the time, not them”

…and a belated happy new year to Christopher Hitchens, who I’m starting to suspect is neither misguided nor a deluded optimist, but rather a brutal psychopath and a raving homicidal maniac.

The subject matter is, of course, the hated Iranian regime: aggressions and provocations by, and the tonnage of bombs we will have to drop on the Iranian populace in order to bring them the joy of freedom.

The tipple is Johnnie Walker Black Label, and the crimes of the mullahs – or the Revolutionary Guard, as Hitch now terms the Iranian regime – they go into countries where they’re not wanted, arm violent insurgent groups and militias, shoot protestors in the streets, send death squads to the other side of the planet, seek nuclear weapons and they torture, rape and disappear prisoners.

“The existence of such regimes is incompatible with us,” Hitchens says, with a straight face.
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Deluded by Conor Foley

Nick Cohen has not written anything on international issues for a while, but he was back on form in the Observer this week. “Opponents of the Iraq war are deluded if they think Chiclott will find the allied intervention was illegal” he thundered, The “central allegation that the second Iraq war was ‘illegal’ is unsustainable,” he concludes.

Uh huh.

An inquiry into the Netherlands’ support for the invasion of Iraq says it was not justified by UN resolutions. The Dutch Committee of Inquiry on Iraq said UN Security Council resolutions did not “constitute a mandate for… intervention in 2003″.

The inquiry was launched after foreign ministry memos were leaked that cast doubt on the legal basis for the war.

But what would they know, eh Nick.

Meanwhile the Economist has some reasonable questions for the inquiry to put to Tony Blair:

When they question Mr Blair about WMD, Sir John and his colleagues should concentrate on nuclear weapons—and in particular on the government’s assertion that Saddam might develop one “in between one and two years”. These nuclear allegations, which helped Mr Blair call the threat from Iraq “serious and current”, need further probing.

A second focus should be on how raw intelligence was changed. Mr Blair described as “extensive, detailed and authoritative” intelligence that was, in fact, patchy and old; he described conclusions that were speculative as “beyond doubt”. At the inquiry, Mr Campbell drew a distinction between shifting lines and paragraphs in dossiers and actually fabricating intelligence. . . . .

There is also a string of outstanding questions about the conduct and aftermath of the war. For instance, why did some British troops seem not to have been fully equipped for the task? . . . . Another concern is the increasingly vexed issue of when, precisely, Mr Blair committed British forces to the invasion—and whether he simultaneously said different things to George Bush and the British public. And why did he enter the war without much assurance that the Americans had a plan for post-war reconstruction?

Alistair Campbell and the Iraq War inquiry by Septicisle

It’s difficult not to feel the sensation of deja vu when you see Alastair Campbell once again holding forth, defiantly as ever, before a cringing committee of the great and good tasked with supposedly wringing the truth out of him.

That they’d have more chance of draining red viscous fluid from a hard inanimate object is ever the unspoken reality.

It is also touching though, almost heart-warming to see just how loyal Blair’s ever faithful spin doctor remains to his former boss. Blair after all feels no such compunction to keep up the pretence that Iraq was all about the weapons of mass destruction and not the re-ordering of things while the pieces were still in flux, admitting as he did to that noted Rottweiler Fern Britton that he would have invaded even if he had known that there were no WMDs.

Christopher Meyer, the ambassador to Washington at the time, made clear in his evidence that he felt the government never resisted the march to war once it was clear that the US was going to take action regardless of anything or anyone else.

At various points, Campbell’s evidence made you wonder whether his stubbornness to admit almost any mistake is not in fact borne of his continuing loyalty to Blair, but in fact that he has to keep telling both himself and the world how he got everything right while everyone else has repeatedly got it wrong in order to convince himself that he is still on the side of the angels.

Hence he’ll defend “every single word” of the dossier and almost anything which contradicts his evidence is a conspiracy theory, like the Guardian report of yesterday which suggested that he changed a part of the dossier to bring it into line with a claim made by Dick Cheney.

It is though perhaps instructive to compare how we conduct inquiries with the Dutch. Previously the government of the Netherlands resigned after a damning report into the Dutch military’s failures at Srebrenica.

By coincidence, their own inquiry today into their role in the Iraq war has concluded that it was illegal, as UN resolution 1441 could not be used as a mandate for armed conflict.

Back here, we’re still regarding Alastair Campbell as though he’s a reliable witness. One suspects that the Chilcott inquiry’s conclusions won’t be anywhere near as incisive.

Thoughts on the Christmas terror attempt by Jim Jepps

The attempted terrorist attack on an airliner on Christmas Day has attracted so much international press that it’s difficult to ignore. However, my thoughts are mainly in a jumble about the whole thing so rather than take time might a cogent think piece I thought I’d make a list of ‘things what occur to me’.

1. Fail to blow up a plane, you get wall to wall coverage for your cause in every nation on Earth. Actually blow up dozens or even hundreds in Pakistan, Iraq or Afghanistan and you’re lucky if you get into the inside pages once let alone over and over again. It’s obviously news but the response feels disproportionate.

2. What would the world be like if we rewarded non-violent protest with this kind of media coverage? Does the international media actually, inadvertently, make violence more attractive than democratic avenues? The media’s approach is certainly what leads Al Quaida to see airplanes as their targets of choice over other possibilities.
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How will this terrorist attempt affect liberties? by Sunny H

The attempted terrorist attack by Nigerian national Umar Farouk Abdulmutallab on Christmas Eve presents some major policy headaches for President Obama just when he was beginning to grapple with them.

It’s a given that airport security will tighten further to near-ridiculous levels, even though some number-crunching by blogger Nate Silver shows that a person could board 20 flights a year and still have less chance of being caught in a terrorist attack than being hit lightning.

The attempted airborne attack will instead impact other issues too. For a start it will raise complications again about trialling terrorists in civil courts rather than military courts. President Obama attracted a storm of criticism from the right when his Attorney General announced that one of the architects of the 9/11 attacks – Khalid Sheikh Mohammed – will face a civil jury in New York.

That issue is likely to come to the forefront as the trial begins. But Umar Farouk Abdulmutallab’s capture will also raise questions on whether he should be charged in a civil court or by a military commission as KSM initially was.
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What’s our argument against bombing Iran? by Neil Robertson

On Christmas Eve, a time ostensibly meant for peace & goodwill, the New York Times ran an epic op-ed arguing for military action to prevent Iran from acquiring nuclear technology. Should you have the stomach to endure Alan Kuperman’s belch of war-baiting, you can go here; it’s some real Deck The Halls shit.

Because I’m not particularly interested in the substance of Kuperman’s argument (there are already some excellent rebuttals by the likes of Marc Lynch & Matt Duss), I’m instead going to note Stephen Walt’s reaction. For Walt, this is but the opening salvo of a concerted campaign to pressure President Obama into taking military action. He warns that opponents of this action should start refining their arguments now because the march for war may soon become a deafening din.
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So, We Can Engineer a Mass Movement to Hack the Christmas Pop Charts, but We Can’t Agree on a Global Climate Change Treaty? by Robert Sharp

The schadenfreude becomes stale quite quickly, doesn’t it? No sooner had the whoops of glee at Simon Cowell’s failure to reach the Christmas Number 1 spot for the fifth consecutive year, and the many ironies of the Rage Against the Machine campaign were clear for all to see. First amongst these is the fact that R.A.t.M.’s angry Killing in the Name and Joe McElderry’s saccharine version of The Climb were Sony Music records: Joe is on Simco Records (i.e. Simon Cowell) “under exclusive licence to Sony Music Entertainment UK Ltd” while Rage Against The Machine’s label is Epic, a subsidiary of Sony.

The campaign put a small dent into Simon Cowell’s sales figures. Last year, Alexandra Burke’s Hallelujah sold 576,000 copies in the week before Christmas, while this year Joe McElderry only managed 450,000. But this hardly suggests that Cowell’s business model is on the wane – Leon Jackson only sold 275,000 copies of his single, When You Believe in 2007. Cowell knows that a bit of controversy is good for his bottom line. He knows that the label ‘Christmas Number One’ is an entirely relative marketing concept anyway, and modern music history is littered with classic hits which never reached that false summit.

So although the Facebook campaigners for Rage Against the Machine were successful, I can’t help thinking that there is something confused about the campaign and its aims. They say:

… it’s given many others hope that the singles chart really is for everybody in this country of all ages, shapes, and sizes…and maybe re-ignited many people’s passion for the humble old single as well as THAT excitement again in actually tuning in to the chart countdown on a Sunday.

In taking this line, the campaigners seem to be endorsing the Singles Chart as an appropriate indicator of good and popular music, when it is manifestly nothing of the sort. Yes, they reclaimed the ‘excitement’ for a single week… but they did so with a seventeen year-old song which was chosen precisely for its contrast with its competitor. That is entirely different from what the campaigners have nostalgia for – new music from good bands, battling it out. Former chart battles were essentially a positive contest, with music fans buying their favourite record. The 2009 campaign had an entirely negative “anyone by Cowell” message, which is unsustainable.

False Metrics

Modern internet campaigns often seem to fall into the trap of chasing targets based on false metrics. The campaign for Gary McKinnon (the computer hacker in danger of extradition to the US) seems to be a victim:

lets make #mckinnonmonday ‘trend’ – TWEET4GARY NOW !!! please tweet ALL #american friends and ask them to help #FREEGARY #garyMckinnon
- @cliffsul

The aim of #mckinnonmonday is to make Gary McKinnon trend #garymckinnon Pls RT
- @dandelion101

Shouldn’t the aim be to generate anger and interest in the Gary McKinnon story? How helpful is all the constant RT’ing if it doesn’t translate to bodies at the protest, letters in the politician’s in-tray.

And it is not just impoverished grassroots campaigners falling into this trap, either. Here is a recent tweet from a Cabinet Minister:

Support #welovetheNHS, add a #twibbon to your avatar now! – http://twibbon.com/join/welovetheNHS

Admittedly, sending the tweet is hardly a burden on Mr Milband’s resources, but its odd and disturbing that politicians and political campaigns have started to relate to us in this way. The idea that the NHS is something to love is presumed, and the campaign becomes about forming a huge group of people around a slogan for a fleeting moment only. Did anyone capture the e-mail addresses of those who tweeted #welovetheNHS? If not then it seems like a wasted moment.

And as for Twibbons? This innovation seems to me to be a hugely reductive exercise, shrinking political debate to a space 100 pixels wide.

Now, lest you assume I am engaging in pure snark, I should point out that I am as guilty of this hashtag chasing as the next person – perhaps more so. I helped the Burma Campaign devise their 64forSuu.org project, which was, frankly, all about the hashtag. And only today I’ve written a press release lauding the fact that PEN’s Libel Reform petition has just reached 10,000 signatures, a figure that will something only if it serves to light a fire under either Jack Straw or Dominic Grieve.

Its very easy to raise ‘awareness’ of any given issue, but that’s not the same thing as establishing a consensus that what you are proposing is right. And in turn, that is not the same thing as actually motivating people to action. It would be a great shame if “taking action” became synonymous with simply sharing links and joining endless Facebook groups, because when that “action” fails to translate into meaningful change, we will only find that another generation have been turned off politics, disillusioned. The Obama campaign has been criticised recently for its rather top-down approach to twitter, which didn’t really engage in conversation with supporters. But nevertheless, he actually inspired people out of their houses and into the campaign HQs. Did some of us think that Twitter could start a revolution in Iran? Not quite (as Jay Rosen points out). While the #IranElection tag on Twitter has been a useful tool for the protesters and for those reporting on the crisis it is clearly the people on the ground that will really put that regime under pressure (and we hope that the passing of Ayatollah Hoseyn Ali Montazeri will provide inspiration to renew that pressure).

All of which is to say that George Monbiot’s sanctimonious article this morning had the ring of truth about it:

For the past few years good, liberal, compassionate people – the kind who read the Guardian – have shaken their heads and tutted and wondered why someone doesn’t do something. Yet the number taking action has been pathetic. Demonstrations which should have brought millions on to the streets have struggled to mobilise a few thousand. As a result the political cost of the failure at Copenhagen is zero. Where are you?

We’ve been tweeting #hashtags and adding #twibbons to our avatar, George. Get with the programme, yeah?


This is cross-posted on my own blog. I’ve also just added a counter-point to all this, ‘In praise of 100px Campaigns‘. It would be great to have comments on that side of the debate, too.

What can be done about Iran’s nuclear ambitions? by Neil Robertson

The US House of Representatives has overwhelmingly approved new sanctions against Iran aimed at halting its disputed nuclear programme. But will it deal with the problem?

There are, as far as I can see, three ways the West can deal with Iran’s nuclear ambitions. The first is to negotiate a peaceful settlement wherein Iran is only able to ‘go nuclear’ for the purpose of heating the stoves in Tehran. This has been the policy since President Obama was inaugurated; it has seen its share of successes & setbacks and it may well end with Iran having a nuclear weapon.

The second possibility is to impose sanctions with the hope of either materially crippling Iran’s weapon-making capability or hoping that internal dissent would eventually topple the government.

The problem with this is that you’ve got to get China and Russia to play along, and whilst the Kremlin’s stance on sanctions has softened, I wouldn’t expect them to agree to any sanctions regime which would satisfy the ‘get tough’ brigade. There’s also no guarantee that it’ll stop Iran from building a nuclear weapon anyway.

And so the third possibility is military action.
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War crimes and war criminals by Conor Foley

Was the invasion of Iraq illegal? Yes, I think we have now got almost enough evidence to conclude that George Bush and Tony Blair were more concerned to effect regime-change (which has no basis in international law) than with Saddam Hussein’s supposed possession of WMD in defiance of UN Security Council resolutions.

Does it matter? Yes, because if you selectively disregard international law than you weaken its framework and that makes the world a more dangerous place. Blair and Bush also unleashed a bloody maelstrom in Iraq itself which killed hundreds of thousands of innocent people.

Are Bush and Blair war criminals? Possibly. Customary international law recognises the existence of the crime of aggression and some international criminal tribunals (Nuremburg and ICTY) have prosecuted people for this offence. But the crime is not a part of British law and the International Criminal Court has also not yet defined it or granted itself jurisdiction to hear cases. Hopefully this anomaly will be dealt with next year (although the outcome could be a fudge) but the court will not be able to hear cases retrospectively.

If we instead have to content ourselves with the ‘court of public opinion’, I would like to be clear what I do and do not consider these two leaders guilty of.
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You meant well Tony? Of course you did! by David Semple

Anthony Seldon had an article in the Sindy lamenting how unfair everyone has been to Tony Blair. There’s just not enough sympathy in the world for megalomaniacal twits with a god complex and their finger (formerly) on one of the Big Red Buttons.

Some of what Seldon says is pure comedy gold, such as his comparison of Blair to Gladstone: “For them, moral conviction in foreign policy was core.” One wonders what difference it makes if your foreign policy is still resulting in the deaths of the same foreign people as that of your “immoral” Opposition.

He was dealing with someone who was an evil dictator and that was the right thing to do, in his mind, because what was at stake was world peace. In another sense he has been remarkably consistent and I think is tremendously frustrated at not having the opportunity to say that.

If there is one thing worth pointing out to Professor Seldon, it’s that Mr Blair is very good at re-writing history all by himself, without needing the help of his accomplices in the declaration of war, or the media.
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After Dubai by Dave Osler

Sovereign default is basically the posh name for what happens when a country says it can no longer meet repayments for the 545% APR doorstep loan it took out from Provident Financial.

But here’s the good bit; in these cases, the friendly neighbourhood bloodsuckers can’t exactly send round the bailiffs to take away the telly and the stereo. So what do they do? Hold a whipround for the victim instead, and write off large chunks of what is outstanding.

Would that Britain’s poor were treated the same way as Mexico in 1982, Russia in 1998 or Argentina in 2002. The real surprise is that states don’t try it on more often than they do.

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Chilcot and the ’smoking gun’ by Conor Foley

Although Oliver Kamm and Scott Ritter could not be further apart on their views about the invasion of Iraq, both use the phrase ‘smoking gun’ in their relation to the Chilcot Inquiry whose existence or non-existence they believe must be the test by which its results will be judged. Kamm makes the case against having an inquiry at all while Ritter warns that unless the UN weapons inspectors are called to give evidence it will end in another whitewash.

Kamm, quoting John Rentoul, says that opponents of the war have become convinced that ‘there is a big secret that is being concealed from us, a smoking gun that “explains it all”. This is a symptom of the anti-war psychology, which so strongly disagrees with the decision made by Tony Blair, the Cabinet and the House of Commons that it seeks constantly for a hidden reason for it.’

Ritter, by contrast, says: ‘As of December 1998, both the US and Britain knew there was no “smoking gun” in Iraq that could prove that Saddam’s government was retaining or reconstituting a WMD capability. Nothing transpired between that time and when the decision was made in 2002 to invade Iraq that fundamentally altered that basic picture.’
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The continuing madness of Melanie Phillips by Septicisle

At the weekend Ed Husain wrote an eminently reasonable, measured and very restrained attack on the more out-there views of Melanie Phillips. Husain clearly feels that Phillips is a potential ally in the battle against radical Islam, although quite why judging by her record it’s difficult to tell.

His main concern now seems to be that rather than being an ally, she’s becoming a prominent obstacle to any kind of progress. Especially in the way she seems determined to see conspiracies where there are none, in this instance with Inayat Bunglawala and his determined opposition to the remnants of al-Muhajiroun.

Again, this isn’t anything new with Phillips: a few years back she was convinced that Iraq’s weapons of mass destruction had been buried beneath the Euphrates and that Saddam’s crack team of WMD experts had upped sticks and moved to Syria.

Nonetheless, it was also going to be interesting to see how Phillips responded.
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Over-compensating by turning pro-Israeli by Carl Packman

My old psychology dictionary of terms informs me that overcompensation can be ‘a Freudian defence mechanism, whereby an individual attempts to offset weakness in an area of their lives by focusing on another aspect of it.

I thought back to those English Defence League marches, where 2 things are promised every time; that an Israeli flag will appear to show solidarity with Israelis over Muslims (like it was a simple choice between the two), and a couple of beered up scummies will produce the fascist salute (for examples see here and here).

It came up again when Nick Griffin stumbled over his words on Question Time tell the audience that his party was the only one to give full support to Israel and their right to exist during its clashes with Gaza, or more precisely:

[National Socialists in UK] loathe me because I have brought the British National Party from being, frankly, an anti-Semitic and racist organisation into being the only political party which, in the clashes between Israel and Gaza, stood full square behind Israel’s right to deal with Hamas terrorists.

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Back through the looking-glass by Conor Foley

On 17 March 2003, the British Attorney General published a short statement, in response to a parliamentary question, claiming that the forthcoming invasion of Iraq was legal under international law. This legal opinion was sufficient to head off a major rebellion within the British government against the war.

It was also enough for Sir Admiral Michael Boyce, the Chief of Defence, who had demanded a clear assurance of the war’s legality to ensure military chiefs and their soldiers would not be “put through the mill” at the International Criminal Court (ICC).

Ten days before his opinion was published the Attorney General had sent a longer, private and secret, memorandum to the Prime Minister setting out the legal arguments in more detail.

This was shared with the Foreign Office and Defence Chiefs and appears to have been what alarmed Boyce into demanding the clarification. In it he noted that the three legal grounds for the use of force were “a) self-defence (which may include collective self-defence); b) exceptionally to avert overwhelming humanitarian catastrophe; and c) authorisation by the Security Council acting under Chapter VII of the UN Charter.” He stated that he did not believe that the invasion could be justified on either of the first two grounds, but that an arguable case could be made for it on the third.
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