Genocide Label for ISIS? Kerry Unsure

What happened to Bashir al Assad and the genocide happening to Syrians?

Kerry weighs ‘genocide’ label for Islamic State

Secretary of State John Kerry signaled today that he plans to decide soon whether to formally accuse the Islamic State of genocide amid what sources describe as an intense debate within the Obama administration about how such a declaration should be worded and what it might mean for U.S. strategy against the terrorist group.

“None of us have ever seen anything like it in our lifetimes,” Kerry said during a House subcommittee hearing Wednesday about beheadings and atrocities committed by the Islamic State.

But in response to questioning by Rep. Jeff Fortenberry, a Nebraska Republican who has been spearheading a resolution in Congress demanding the administration invoke an international treaty against genocide, Kerry was careful not to tip his hand on what has turned into a thorny internal legal debate with political and potentially military consequences.

Saying the department was reviewing “very carefully the legal standards and precedents” for a declaration of genocide against the Islamic State, Kerry added that he had received “initial recommendations” on the issue but had then asked for “further evaluations.”

In his first public comments on the issue, Kerry said he “will make a decision on this” as soon as he receives those evaluations. He didn’t elaborate on when that might occur.

The administration’s plans to invoke the powerfully evocative genocide label — an extremely rare move — was first reported by Yahoo News last November. But at the time, the State Department was focused on restricting the designation to the Islamic State’s mass killings, beheadings and enslavement of the Yazidis — a relatively small minority group of about 500,000 in northern Iraq that the terrorist group has vowed to wipe out on the grounds they are “devil worshipers.”

The disclosure set off a strong backlash among members of Congress and Christian groups who argued that Islamic State atrocities against Iraqi and Syrian Christians and other smaller minority groups also deserved the genocide label. Some conservatives even chastised the administration for displaying a “politically correct bias that views Christians … never as victims but always as Inquisition-style oppressors.”

The issue has since made its way into the presidential campaign; Sen. Marco Rubio has signed a Senate version of a House resolution, co-sponsored by Fortenberry and Rep. Anna Eshoo, for a broader genocide designation that incorporates Christians, Turkmen, Kurds and other groups. Hillary Clinton has also endorsed such as move. In response to a question from a voter at a New Hampshire town hall last December about whether she believes Christians as well as Yazidis should be declared victims of genocide, she said, “I will, because we now have enough evidence.”

A Iraqi Yazidi woman and her children took refuge at the Bajid Kandala camp in Dohuk, Iraq, after fleeing Islamic State jihadists. (Photo: Ahmad Al-Rubaye/AFP)

But administration sources and others intimately familiar with the internal debate say the issue has proven more complicated. While ISIS has openly declared its intention of destroying the Yazidis, they argue, the terrorist group’s leaders have not made equally explicit statements about Christians even while committing killings, kidnappings, forced removals and the confiscation and destruction of churches aimed at Christian groups. As a result, administration officials and State Department lawyers have weighed labeling those acts “crimes against humanity” — a step that critics have said doesn’t go far enough. “We’ve been trying to tell them, crimes against humanity are not a bronze medal,” said one administration official, contending that it should not be viewed as a less serious designation.

Kerry seemed to hint as much in his responses to Fortenberry at Wednesday’s hearing, noting that Christians in Syria “and other places” have been forcibly removed from their homes. “There have been increased, forced evacuations,” he said. “No, its not — they are killing them in that case — but it’s a removal and a cleansing, ethnically and religiously, that is equally disturbing.”

At the same time, two sources familiar with the debate said, Pentagon officials have expressed concerns that a genocide designation would morally obligate the U.S. military to take steps — such as protecting endangered populations or using drones to identify enslaved women — that could divert resources from the campaign to defeat the Islamic State. (An administration official told Yahoo News Wednesday that any such concerns have not been raised in “interagency” discussions over the genocide issue. “There is no resource issue,” the official said.)

In fact, many legal scholars say, there is considerable debate about just what practical impact a genocide designation would have. It would be made under a loosely worded 1948 international treaty that compels signatory nations, including the United States, “to prevent and to punish” the “odious scourge” of genocide defined as acts “committed with intent to destroy, in whole or in part, a national, ethnical (sic), racial or religious group.” As documented by Samantha Power, now the U.S. ambassador to the United Nations, in her 2002 book, “A Problem from Hell,” President Clinton’s Secretary of State Warren Christopher, resisted labeling the mass murder of the Tutsis in Rwanda in 1994 as genocide for fear, as one State Department memo put it at the time, “it could commit [the U.S. government] to actually do something.”

But 10 years later, Secretary of State Colin Powell declared the killings of non-Arab people in Darfur to be genocide — the first time the U.S. invoked such a declaration during an ongoing conflict. But he did so only after receiving a secret State Department memo concluding the designation “has no immediate legal — as opposed to moral, political or policy consequences for the United States.”

Administration officials have argued they are already taking extraordinary steps to protect threatened minorities in Iraq, pointing to, for example, the 2014 evacuation of Yazidis from Mount Sinjar — and that a genocide designation wouldn’t change that. White House press secretary Josh Earnest said as much when he was pressed on the issue during a recent White House briefing during which he said a genocide designation is “an open question that continues to be considered by administration lawyers.”

“The decision to apply this term to this situation is an important one,” Earnest said during a Feb. 4 briefing. “It has significant consequences, and it matters for a whole variety of reasons, both legal and moral. But it doesn’t change our response. And the fact is that this administration has been aggressive, even though that term has not been applied, in trying to protect religious minorities who are victims or potential victims of violence.”

ISIS with WMD, Overstated Threat? Peshmerga Today

Authorities in the Kurdistan said on Friday, according to Reuters, that they are investigating another suspected gas attack by Islamic State (ISIS) against the Kurdish Peshmerga.

Civilians and Peshmerga alike in the Sinjar area are being treated for nausea and vomiting after ISIS rockets containing a chemical substance were fired at them on Thursday the Kurdistan Region Security Council (KRSC) said on its Twitter page.

“If confirmed this will be the eight ISIL weaponized chemical attack against Peshmerga. ISIL tactics continue to become more sophisticated,” warned the council.

The KRSC said the American-led anti-ISIS coalition is helping them with the investigation.

This attack comes the same week that a source within the Organization for the Prohibition of Chemical Weapons (OPCW) said that mustard gas was used against the Peshmerga in August of last year, making 35 of them ill.

This latest attack however appears to have used chlorine gas, a type of gas that is often used in the Syrian conflict. Chlorine gas is a choking agent and nausea and vomiting are telltale signs one has been exposed to it.

Rogan/NR: Chemical agents, by disrupting a military adversary and sowing terror among its civilian population, make for powerful psychological weapons. And, as attested by Bashar al-Assad’s ongoing suffocation of innocent Syrians, chemical weapons are also tools of torture. The National Institutes of Health describes how concentrated chlorine gas affects a human body: “respiratory failure, pulmonary edema, likely acute pulmonary hypertension, cardiomegaly, pulmonary vascular congestion, acute burns of the upper and especially the proximal lower airways, and death.”

For ISIS, weaponized chlorine is a perfect instrument. And ISIS is using it. Reports suggest that ISIS has employed mustard- and chlorine-gas–based weapons in Iraq and Syria. Unfortunately, far worse is likely to come. After all, it’s increasingly obvious that ISIS regards its chemical-weapons programs as a key strategic priority. Last October, for example, the Associated Press described how European organized-crime groups are offering radioactive material to ISIS. And just last week, the Independent reported on the disruption of a ten-person ISIS cell in Morocco — a cell masterminded by ISIS leaders in Libya. The connecting threads are clear: Morocco, a favored destination of Western tourists, offered ISIS an opportunity to follow up in 2016 on its 2015 massacre of 38 people — including 30 Britons — in Sousse, Tunisia. ISIS wants to scare Western tourist investment away from moderate-Muslim nations and implode those nations into chaos. ISIS chemical weapons also threaten U.S. personnel. As ISIS confronts higher stakes — as it does in the battle for its Iraqi capital, Mosul — U.S. personnel will face a growing threat of chemical attack.
This threat demands the strengthening of the U.S. deterrent posture against chemical, biological, radiological, and nuclear threats. At present, that posture stands eviscerated because of the failure to punish Assad’s breach of President Obama’s “red line” on chemical weapons. But that’s only half the story. Consider, too, that an AP report from October highlighted how senior figures in WMD conspiracies are escaping consequences for their actions. That must end. In future, those who enable ISIS WMD programs should face one of two simple repercussions: detention by Jordan’s GID intelligence service, or death. The special urgency of this threat is unique. From Morocco and France to Turkey and Indonesia, ISIS has proven its ability to launch attacks from separate bases in Iraq, Syria, and Libya — and to do so while evading detection by Western intelligence. ISIS chemical-weapons plots must not be underestimated. Of course, as Wilfred Owen reminds us, the use of chemical weapons in pursuit of human misery is nothing new. My British great-grandfather — a veteran of World War I– described German chemical attacks this way: “We could smell the gas coming. Every horse that we had was blind due to gas.” President Obama must recognize this new, old reality. In February 2016, “acute burns of the upper and especially the proximal lower airways, and death” are no longer peripheral concerns suffered by forgotten Syrians at the hands of Assad. Today, ISIS has the means and intent to drown Western civilians — and American credibility — in a green and yellow sea.

 

The IAEA’s Big Challenge of Iran’s Nuclear Program

  $150 billion or $50 billion, should take care of the financial shortfall. What say you?

The full GAO report here.

Will IAEA be able to verify Iran’s nuclear program

alMonitor: The UN nuclear agency will face “challenges” verifying Iran’s compliance with last year’s nuclear agreement, the US government watchdog said Feb. 23 in a new report that was immediately used as ammunition by critics of the deal.

The International Atomic Energy Agency (IAEA) faces a budget and staffing shortfall that will require an extra $10 million per year for the next 15 years to monitor the deal, according to the Government Accountability Office (GAO). The report goes on to detail the agency’s dependence on Iranian cooperation to access nuclear sites and the intrinsic difficulty in detecting undeclared activities such as weapons development and centrifuge manufacturing that do not leave a nuclear trace.

Sen. Robert Menendez, D-N.J., said the report raises concerns about “the entity that we are putting all our marbles in.” He commissioned the report with Sen. Mark Kirk, R-Ill., a fellow critic of the deal who also voted against it last year.

“Some of the preliminary findings cause concern for me about what the IAEA is capable of,” Menendez told Secretary of State John Kerry at a hearing on the department’s FY 2017 budget request. “The GAO [report] point[s] directly to future problems with monitoring, verifying and meeting requirements of the [Iran deal].”

Kirk used the report to call on Congress to prepare sanctions that can be imposed if Iran starts to cheat on its nuclear obligations. He and Menendez are pushing for the reauthorization of the Iran Sanctions Act, a decade-old law that expires at the end of the year.

“My biggest takeaway is lawmakers must come together in a bipartisan manner now to create an insurance policy for imposing crippling pressure if and when Iran once again cheats on nuclear inspections as it has so many times in the past,” Kirk said in a statement. “International inspectors, according to the GAO’s interim report, still face an ‘inherent challenge’ in detecting undeclared nuclear activities, including weapons development activities and centrifuge manufacturing. The report also cites concerns the IAEA’s decision to end investigations into Iran’s past nuclear weapons activities ‘could reduce the indicators at the IAEA’s disposal to detect undeclared activity.’ Indeed, GAO also warns the nuclear deal’s mechanism for IAEA inspectors to gain access to Iranian sites suspected of having undeclared nuclear activities remains ‘untested’ and cautions ‘it is too soon to tell whether it will improve access.’”

Among the concerns raised by the GAO report is the sheer amount of manpower the Iran deal will consume. The agency is expected to have to transfer 18 “experienced inspectors” and “nearly twice that number of other staff” to its Iran Task Force, the GAO concludes, raising concerns about proliferation in other countries.

The State Department is proposing a $191 million US contribution to the agency in its FY 2017 budget request, a $5 million increase over the current year, to help the agency meet its new obligations.

*** 

In part by Rubin at WaPo:

Last week the administration warned that a sale of Russian advanced jets to Iran would violate the United Nations ban on such equipment. Sanctions guru Mark Dubowitz tells me, “Congress should draw up a list of Russian and Iranian entities to be sanctioned, give the administration 30 days to impose sanctions on these entities, and, if there’s no action, move ahead with statutory designations of these entities.”

That thinking needs to be applied across the board, taking into account all aspects of Iran’s behavior. Iran acts with impunity because it is convinced (rightly) the administration will do nothing. If the White House won’t, then Congress must act. Full article here.

 

Report on MH 17, Shot Down at Russia/Ukraine Border

Anyone remember this tragedy that killed 283 passengers? German intelligence, the Ukraine government, the Dutch Safety Board, the Russian government all have a hand in the investigation. Who did order the BUK missile to shoot the plane down? Any consequences or reparations?

   

MH17 – Potential Suspects and Witnesses from the 53rd Anti-Aircraft Missile Brigade

Bellingcat: The report can be downloaded here stock_save_pdf

This report, MH17: Potential Suspects and Witnesses from the 53rd Anti-Aircraft Missile Brigade, presents information regarding the Russian brigade that we believe provided, and possibly operated, the Buk-M1 missile launcher that downed Malaysian Airlines Flight 17. In this post, we will summarize the role of the 53rd Anti-Aircraft Missile Brigade and “Buk 3×2” in the downing of MH17 before providing a summary of the report. At the bottom of this post, an index is provided of Bellingcat’s previously published major research projects on the MH17 disaster.

Introduction

From June 23 to 25, 2014, Russia’s 53rd Anti-Aircraft Missile Brigade transported several Buk-M1 anti-aircraft missile systems to areas near the Russia-Ukraine border. Bellingcat has extensively covered this convoy of military vehicles over the past year and a half, including numerous reports on the 53rd Brigade’s most notable piece of cargo: Buk 3×2, the missile launcher that we believe downed MH17. You can trace the 53rd Brigade’s journey from its base in Kursk, Russia to near the Russia-Ukraine border on Storymap, through which you can watch the videos and photographs in which the convoy, including Buk 3×2, are captured.

There is no direct evidence indicating if it was Russian or separatist soldiers who operated Buk 3×2 when it was in Ukraine. However, considering the complexity of the Buk-M1 system, it is most likely that the Russian military did not transfer a Buk missile launcher to separatist commanders without some guidance or a Russian crew. In the likely case that the Buk 3×2 did come with a Russian crew, it is almost certain that they were from the 53rd Anti-Aircraft Missile Brigade, which was deployed at the border throughout the summer of 2014.

Bellingcat has published numerous reports indicating our confidence that the Buk-M1 system that most likely downed MH17 was the Russian Buk 3×2. In the six available photographs and videos of the Buk-M1 missile launcher in Donetsk, Zuhres, Luhansk, Torez, and Snizhne on the day of and after the airliner’s downing, numerous features on the Buk match uncommon features found on Buk 3×2. Many of these features can be seen in this comparison between Buk 3×2 (in Russia, June 2014) and the Buk seen in Donetsk, Ukraine on the day of the tragedy:

 

There are numerous other features on Buk 3×2 that match the Buk seen in eastern Ukraine on July 17 and 18, 2014 that indicate that it is definitely a Russian Buk, and more specifically 3×2. These features include:

  • H-2200 mark on the left side (a load-bearing code used in railways, and extremely common on Russian equipment, with only a few examples of it seen on Ukrainian tanks and none on Buks)
  • Cross hair symbol (gravity mark) next to H-2200, meant for stabilizing while loading onto railways
  • Visible unit designation, with a likely “3”, an obscured middle digit, and fairly clear “2”
  • Distinct marks on hull and side-skirt
  • Side-skirt damage pattern
  • Distinct white mark on right side-skirt, visible in July 18 Luhansk video and a June 23 video in Alexeyevka, Russia (see comparison here). The same white mark is visible on the other side skirt below the H-2200 mark, as seen in the above comparison video.

Summary of Report

The report contains five sections, each covering a different aspect of the 53rd Brigade and its activities in the summer of 2014.

The first section, “The 53rd Anti-Aircraft Missile Brigade,” describes the role of the brigade within the Russian military and its structure, including the unit designations of Buk-M1 systems within the brigade.

The second section, “Mobilization of the 53rd Anti-Aircraft Missile Brigade,” provides a detailed account of the deployment of the brigade throughout the summer of 2014. By studying the makeup of the convoy that transported Buk-M1 systems from Kursk, Russia to near the Russia-Ukraine border on June 23-25, we have established that the 2nd Battalion of the 53rd Brigade was responsible for the transport of Buk 3×2. The missile launcher designated Buk 3×2 replaced the 2nd Battalion’s missile launcher numbered 222, thus indicating that the officers and soldiers normally responsible for Buk 222 were the most likely candidates to operate its replacement, Buk 3×2. This second section also details another convoy in which equipment from the 1st Battalion was transported in the days following the MH17 disaster.

The third section, “Soldiers of the 53rd Anti-Aircraft Missile Brigade,” details the soldiers within the 53rd Brigade and the information provided by their public postings on social media. The soldiers of the 2nd Battalion provided a wealth of information, including photographs and written notes, describing their time on the Russia-Ukraine border in June and July, 2014. More extensive details are provided regarding the soldiers who were normally responsible for the Buk missile launcher numbered 222, which was replaced by Buk 3×2, which we believe downed MH17. Additional details are provided on soldiers of the 1st and 3rd Battalions in order to demonstrate that they likely had no involvement or knowledge regarding the transfer or operation of Buk 3×2 in Ukraine. The identities of all of these soldiers have been anonymized in this public version of the report, with their names changed and faces blurred, though an uncensored version with their true identities has been provided to the Dutch-led Joint Investigation Team (JIT).

The fourth section, “Cadets at the 53rd Anti-Aircraft Missile Brigade,” describes a summer cadet training program at the Kursk base of the 53rd Brigade. Information provided by these cadets gives us additional understanding of the structure and operations of the brigade, in addition to ruling out numerous officers from any involvement with the MH17 disaster. The identities of all cadets have been anonymized, like with the soldiers in the previous section.

The final and most important section, “Commanders of the 53rd Anti-Aircraft Missile Brigade,” provides extensive information regarding the leadership structure of the brigade and battalion that provided and possibly operated the likely murder weapon in the downing of MH17. We provide partially anonymized information regarding 14 officers of the 2nd Battalion of the 53rd Brigade, including the commanders of the Buk unit vehicles within the battalion. Sergey Borisovich Muchkaev, the commander of the 53rd Anti-Aircraft Missile Brigade, is closely detailed, along with his superiors, including Aleksey Zolotov of the Air Defense of the 20th Guards Army and Andrey Kokhanov of the Air Defense of the Western Military District. Ultimately, responsibility for the downing of MH17 from a weapon provided and possibly operated by the Russian military lies with the Ministry of Defense and the Supreme Commander of the Russian Armed Forces, President Vladimir Putin.

Previous Major MH17 Investigations

Obama Secret Talks, World is Normalized with DPRK

Upon Obama’s departure from  the Oval Office in January 2017, there will be no more rogue nations or enemies of America and the West.

Next up after Iran and Cuba is North Korea. (shhhh, but I predicted this)

TheHill: The White House had signaled to the Kim Jung Un regime that it is willing to cut a deal similar to that brokered with Iran to curtail its nuclear program in exchange for sanctions relief.

But North Korea has expedited its plans to develop a nuclear bomb, which it sees as a valuable bargaining chip in eventual peace negotiations.

A long-range rocket launched by North Korea earlier this month triggered additional international sanctions, including a law signed Thursday by President Obama imposing steeper penalties.

Un, who took power at the end of 2011, has demanded additional conditions for a treaty with South Korea, 63 years after the Korean War ended with an armistice.

Obama Administration Secretly Approached North Korea About Diplomatic Talks Days Before Its Latest Nuclear Test: WSJ

Days before North Korea’s Jan. 6 nuclear test, the Obama administration clandestinely agreed to talks that would have formally ended the Korean War, the Wall Street Journal reported Sunday.

As part of the offer, reported to have been made at a U.N. meeting, the U.S. dropped its longstanding prerequisite that North Korea first make efforts to reduce its nuclear arsenal, instead calling for the military dictatorship to make its nuclear weapons program part of the talks. But the test ended those discussions.

North Korea began 2016 on a belligerent footing, even considering the unpredictable pariah state’s history. In addition to the January nuclear test, North Korea launched a rocket earlier this month, resulting in swift pushback from Japan and South Korea, which closed a joint industrial park that provided North Korea with valuable hard currency.

The most recent offer to North Korea was one of several overtures extended by the Obama administration, insiders told the Journal, which happened at the same time the administration was working on an ultimately successful diplomatic outreach to Iran. North Korea first tested a nuclear weapon in 2006, and its nuclear capabilities were confirmed in 2009. North and South Korea have technically been at war ever since the “hot” phase of the Korean War ended in 1953, but the North’s recent nuclear developments have increased the urgency to ultimately resolve the dispute diplomatically.

In addition to its unsanctioned nuclear activity, the North Korean regime is also alleged to operate a system of concentration camps where political prisoners are worked and starved to death. The U.N. released a 2014 report that suggested the regime’s security chiefs and leader Kim Jong Un should be prosecuted for crimes against humanity.

*** Note there is nothing about Unit 121, North Korea’s hacking division. Known since at least 2007.

CNet: North Korea’s Reconnaissance General Bureau (RGB) is in charge of both traditional and cyber operations, and is known for sending agents abroad for training in cyberwarfare. The RGB reportedly oversees six bureaus that specialize in operations, reconnaissance, technology, and cyber matters — and two of which have been identified as the No. 91 Office and Unit 121. The two bureaus in question comprise of intelligence operations and are based in China.

The RGB also reportedly oversees state-run espionage businesses located in 30 to 40 countries, often hosted in unsuspecting places such as cafes. Members of this espionage network reportedly “send more than $100 million in cash per year to the regime and provide cover for spies,” the report says.

In addition, the country’s Worker’s Party oversees a faction of ethnic North Koreans living in Japan. Established in 1955, the group — dubbed the Chosen Soren — refuse to assimilate in to Japanese culture and live in the country in order to covertly raise funds via weapons trafficking, drug trafficking, and other black market activities. The group also gathers intelligence for the country and attempts to procure advanced technologies.

Despite aging infrastructure and power supply problems, North Korea reportedly was able to gain access to 33 of 80 South Korean military wireless communication networks in 2004, and an attack on the US State Department believed to be approved by North Korean officials coincided with US-North Korea talks over nuclear missile testing in the same time period. In addition, a month later, South Korea claimed that Unit 121 was responsible for hacking into South Korean and US defense department networks.