Russia Blocking UN Sanctions on Syrian Chemical Attacks

Russia blocks UN move to sanction Syria for chemical attacks

Russia’s UN ambassador questioned whether a UN report had provided evidence of President Assad’s chemical weapons attacks

MiddleEastEye: Russia blocked a move by the United Nations on Tuesday to sanction Syria for the government’s alleged use of chemical weapons in the country’s brutal civil war.

Britain and France called for UN sanctions after a UN-led investigation found that President Bashar al-Assad’s forces had carried out at least two chemical attacks, one in 2014 and one in 2015.

Following a closed-door Security Council meeting the Russian ambassador, Vitaly Churkin, said he had “very serious questions” about the findings and suggested the panel should continue its work.

“There are a number of questions which have to be clarified before we accept all the findings of the report,” Churkin said.

Previous reports from the Organisation for the Prohibition of Chemical Weapons (OPCW) had concluded that toxic gases have been used as weapons in Syria’s five-year war, but stopped short of identifying the perpetrators.

The panel of inquiry, known as the Joint Investigative Mechanism (JIM), for the first time pointed the finger of blame at the Assad government for chemical weapons use after years of denial from Damascus.

The British and French ambassadors described the use of chemical weapons against civilians as a war crime, while US ambassador Samantha Power called for quick action to ensure those responsible “pay a price.”

Churkin, however, made clear he was unconvinced by the JIM report.

“There is nobody to sanction in the report,” Churkin said. “It contains no names, no specifics, no fingerprints.”

“Clearly there is a smoking gun. We know that chlorine was most likely used, but there are no fingerprints on the gun,” he said.

The panel found that the Syrian government had dropped chemical weapons on two villages in northwestern Idlib province: Talmenes on 21 April, 2014 and Sarmin on 16 March, 2015.

In both instances, Syrian air force helicopters dropped “a device” on houses that was followed by the “release of a toxic substance,” which in the case of Sarmin matched “the characteristics of chlorine.”

Chlorine use as a weapon is banned under the Chemical Weapons Convention, which Syria joined in 2013, under pressure from Russia, Assad’s ally.

No evidence

Syrian ambassador Bashar Jaafari rejected the findings, saying the panel lacked “physical evidence” to support its conclusions that chlorine barrel-bombs were dropped on civilians.

The report was “totally based on witnesses presented by terrorist armed groups,” Jaafari told reporters.

French ambassador Francois Delattre called for a “quick and strong Security Council response” that would include “imposing sanctions on those who are responsible for these acts.”

The council will be “looking at the imposition of sanctions and some form of accountability within international legal mechanisms,” said British Ambassador Matthew Rycroft.

The report also found that the Islamic State had used mustard gas in an attack on the town of Marea in northern Aleppo province in August 2015.

Human Rights Watch called on the council to refer Syria to the International Criminal Court for war crimes and to urgently impose sanctions.

Britain, France and the United States said such a step remained an option, even though Russia and China blocked ICC referral in 2014.

“Russia and China don’t have a leg to stand on by continuing to obstruct the Security Council on Syria sanctions and ICC referral,” said Louis Charbonneau, UN director at Human Rights Watch.

“The Security Council diminishes its importance if it doesn’t take strong action against demonstrated use of chemical weapons by the Syrian government.”

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Syria’s ambassador to the United Nations has dismissed as flawed the findings of a UN-mandated investigation blaming Syrian forces for the use of chemical weapons, saying the report is based on “false testimonies.”  Per the Iran Project 

Last week, a report carried out by the Joint Investigative Mechanism of the UN and the OPCW claimed that Syrian forces had used chlorine in two separate attacks against militants in 2014 and 2015.

The investigation was launched based on the UN Security Council’s Resolution 2235, which called for determining which party used chemical arms in Syria.

Syria rejected the allegations, with Ja’afari saying on Tuesday that the conclusions of the report “lack any physical evidence, whether by samples or attested medical reports that chlorine was used.”

The Syrian diplomat also said the report was “totally based on witnesses presented by terrorist armed groups.”

Russia, which has been backing the Syrian government in its war against the terrorists, also cast doubt on the report.

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Per the United Nations website:

24 August 2016 – United Nations Secretary-General Ban Ki-moon today submitted a joint UN-Organisation for the Prohibition of Chemical Weapons (OPCW) report to the Security Council outlining in-depth investigation into, as well as the findings, assessments and conclusions of, nine selected cases related to incidents involving the use of chemicals weapons in Syria.

According to a statement issued today by Mr. Ban’s spokesperson, the UN chief is looking forward to the Council’s consideration of the report.

The report will be available publicly shortly thereafter, the statement added.

The methods of work and the investigation of the specific cases are described in the report’s annexes.

According to the statement, the UN chief also expressed appreciation to the Joint Investigative Mechanism’s Leadership Panel and its staff, as well as to the OPCW and the Office for Disarmament Affairs for their continued support to the Mechanism.

He further thanked the Member States of the UN for their assistance to the Mechanism, including financial support.

The joint body, established by the Security Council in August 2015 for a period of one year with a possibility of future extension, is tasked with identifying “individuals, entities, groups, or governments involved in the use of chemicals as weapons, including chlorine or any other toxic chemical,” in Syria, according to the Council, which reiterated that those responsible must be held accountable.

That body differs from the OPCW-UN Joint Mission on the elimination of Syrian chemical weapons, and which was formally established in August 2013. It completed its mandate and wrapped up operations on 30 September 2014. From now on, the OPCW mission in Syria will continue to deal with the destruction of chemical weapon production facilities and clarification of certain aspects of the Syrian initial declaration under the Chemical Weapons Convention.

 

Document: How Trump Forces Mexico to Pay for the Wall

Mexico Payment Plan for the Wall

Memo explains how Donald Trump plans to pay for border wall

In a two-page memo to The Washington Post, Trump outlined for the first time how he would seek to force Mexico to pay for his 1,000-mile border fence, which Trump has made a cornerstone of his presidential campaign and which has been repeatedly scoffed at by current and former Mexican leaders. Read about Trump’s plan

Mexico Payment Plan for the Wall  <— Full text here.

 

State Dept: Country Reports on Terrorism 2015

Cuba, Mexico, Venezuela, all in our hemisphere get major passes from the State Department.

Related reading: The 50 most violent cities in the world

Related reading: The world’s most dangerous and safest countries revealed  Interactive map for rankings is found here.

 

Country Reports on Terrorism 2015 is submitted in compliance with Title 22 of the United States Code, Section 2656f (the “Act”), which requires the Department of State to provide to Congress a full and complete annual report on terrorism for those countries and groups meeting the criteria of the Act.

Beginning with the report for 2004, it replaced the previously published Patterns of Global Terrorism.

 

Chapters

Chapter 1. Strategic Assessment
Chapter 2. Country Reports: Africa Overview
Chapter 2. Country Reports: East Asia and Pacific Overview
Chapter 2. Country Reports: Europe Overview
Chapter 2. Country Reports: Middle East and North Africa Overview
Chapter 2. Country Reports: South and Central Asia Overview
Chapter 2. Country Reports: Western Hemisphere Overview
Chapter 3: State Sponsors of Terrorism Overview
Chapter 4: The Global Challenge of Chemical, Biological, Radiological, or Nuclear (CBRN) Terrorism
Chapter 5: Terrorist Safe Havens (Update to 7120 Report)
Chapter 6. Foreign Terrorist Organizations
Chapter 7. Legislative Requirements and Key Terms

Annexes

National Consortium for the Study of Terrorism and Responses to Terrorism: Annex of Statistical Information [Get Acrobat Reader PDF version   ]
Terrorism Deaths, Injuries and Kidnappings of Private U.S. Citizens Overseas in 2015

Full Report

Country Reports on Terrorism 2015 (PDF)

Related reading: SUMMARY: Wilayat Sinai, an organization identified with the Islamic State, has recently suffered a series of serious blows from the Egyptian army. 

Court Reverses Jury Decision on PLO Attack, 11 Americans Died

Circuit Reverses $655M Award Against PLO for Terror Attacks

Hamblett/NewYorkLawJournal: A $655 million award against the Palestine Liberation Organization and the Palestinian Authority for attacks that killed or wounded members of 11 American families in Israel has been thrown out by the U.S. Court of Appeals for the Second Circuit.

The circuit held this morning that there was no personal jurisdiction over the action, where a jury found after a seven-week trial in 2015 that the PLO and the Authority, acting through their employees, perpetrated the attacks or provided material support for those who did.

The decision was a big setback for lawyers who have been working for years to win damages for families under the Anti-Terrorism Act, 18 U.S.C. §2333(a). The jury before Judge George Daniels in the Southern District of New York awarded the plaintiffs $218.5 million, an amount automatically tripled to $655.5 million under the Act.

Judges Pierre Leval and Christopher Droney and Southern District Judge John Koeltl, sitting by designation, said Daniels erred in finding personal jurisdiction in Sokolow v. Palestinian Liberation Organization, 15-3135.

The decision rejected the arguments of Arnold & Porter partner Kent Yalowitz, who told the circuit in April that jurisdiction should lie and justice be done for the “11 American families whose loved ones were murdered and maimed by the defendants” because the goal of the PLO and the Authority was to influence the foreign policy of the United States through coercion and intimidation—a key part of the Anti-Terrorism Act.

Yalowitz said the evidence was clear that the defendants were involved in the attacks, either through their own employees or through assistance to their allies within Hamas and the al-Aqsa Martyrs Brigade (NYLJ, April 13).

But Mitchell Berger, a partner at Squire Patton Boggs, got the better of the argument, telling the judges that case law was clear that “you have to find the brunt of the injury” in the United States to sue in an American courtroom.

The case was bought by 36 plaintiffs and four estates seeking compensation for death and injuries that occurred in a series of attacks, including the July 31, 2002, Hebrew University bombing carried out by Hamas that killed nine people, four of them U.S. citizens.

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During the second Intifada, numerous American citizens were murdered by terrorist attacks.

In 2004, the families of several deceased victims sued the Palestine Liberation Organization (PLO) and the Palestinian Authority (PA) in the Southern District of New York under the Antiterrorism Act. The families claim the PLO and PA organizations financed and orchestrated the following seven attacks:

(1) The January 8, 2001 shooting attack on Varda Guetta and her son Oz;

(2) The January 22, 2002 shooting attack on Shayna Gould and Shmuel Waldman;

(3)The January 27, 2002 suicide bombing attack on the Sokolow family;

(4) The March 21, 2002 suicide bombing attack on Alan Bauer and his son Yehonatan;

(5) The June 19, 2002 suicide bombing attack on Shaul Mandelkorn;

(6) The July 31, 2002 Hebrew University Cafeteria bombing which killed David Gritz, Benjamin Blustein, Diane Carter and Janis Coulter;

(7) The January 29, 2004 suicide bombing attack on a bus which killed Yechezkel Goldberg.

The plaintiffs seek up to $3 billion in damages from attacks between January 2001 and February 2004 by the PLO. In September 2008, U.S. District Judge George Daniels rejected the PLO’s argument that the attacks were acts of war rather than terrorism. Trial began in January 2015 and on February 23, the jury returned a guilty verdict on all counts. The defense has been found liable for $218.5 million, an amount set to be tripled to $655.5 million.

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Case documents for Sokolow et al. v. PLO et al.

After Hillary Left State, More Classified Emails Exchanged

About to have HSS? It is a looming disease….Hillary Saturation Syndrome. Sheesh

Clinton emailed classified info after leaving State: report

NewYorkPost: Hillary Clinton continued sending classified information even after leaving the State Department, The Post has exclusively learned.

On May 28, 2013, months after stepping down as secretary of state, Clinton sent an email to a group of diplomats and top aides about the “123 Deal” with the United Arab Emirates.

But the email, which was obtained by the Republican National Committee through a Freedom of Information Act request, was heavily redacted upon its release by the State Department because it contains classified information.

The markings on the email state it will be declassified on May 28, 2033, and that information in the note is being redacted because it contains “information regarding foreign governors” and because it contains “Foreign relations or foreign activities of the United States, including confidential sources.”

The email from Clinton was sent from the email account — hrod17@clintonemail.com— associated with her private email server.

The email’s recipients were Deputy Secretary of State William Burns, diplomat Jeffrey Feltman, policy aide Jake Sullivan, diplomat Kurt Campbell, State Department chief of staff Cheryl Mills, and Clinton aide Huma Abedin.

The “123 Deal” was a 2009 agreement between the United Arab Emirates and the US on materials and technological sharing for nuclear energy production.

“Hillary Clinton’s mishandling of classified information was so pervasive, it continued after she left government,” Republican National Committee research director Raj Shah told The Post. “She clearly can’t be trusted with our nation’s security.”

Clinton is believed to have sent 2,101 emails that contained at least some classified information.

The Trump campaign said the latest revelation about Clinton’s email habits is more proof she can’t be trusted with national security.

“Hillary Clinton’s secret server jeopardized our national security and sensitive diplomatic efforts on more than 2,000 occasions, and shockingly, it now appears her reckless conduct continued even after leaving the State Department. Hillary Clinton’s terrible judgment shows she cannot be trusted with our national security,” said Jason Miller, Trump’s senior communications advisor, in a statement.

What was the ‘123 Deal’?

 While the purpose of multilateral negotiations with Iran is to reduce proliferation concerns, successful talks may in fact accelerate nuclear plans in the Gulf states and Jordan.

In April 2009, King Abdullah of Saudi Arabia famously told U.S. special envoy Dennis Ross that “if [the Iranians] get nuclear weapons, we will get nuclear weapons.” Such comments suggest that leaders in Riyadh and other Gulf capitals will closely study any deal reached with Iran, whether on or after the expiration of current nuclear talks next Monday. The message out of the kingdom, delivered repeatedly and recently in Washington by former intelligence chief Prince Turki al-Faisal, is that whatever Tehran gets, Gulf Arabs will want. U.S. wishes aside, Saudi Arabia, Kuwait, Qatar, the United Arab Emirates, and perhaps even Jordan could make as plausible a case as Iran for building nuclear power plants. And from their perspective, if Iran is going to be allowed to enrich uranium and retain its nuclear-capable missiles — as they believe likely given Washington’s reported approach to the negotiations thus far — why shouldn’t they be permitted to acquire similar capabilities?

THE UAE’S NUCLEAR CALCULUS

The first challenge to even limited diplomatic success with Iran would likely come from Abu Dhabi, the lead sheikhdom of the United Arab Emirates. Despite having around 10 percent of the world’s oil, the UAE also has the region’s most advanced plans for domestic nuclear power. Its first two nuclear facilities are under construction and due to start up in 2017 and 2018, respectively. Abu Dhabi obtained the reactors from South Korea, but in order to secure access to U.S. technology, material, and equipment, it also agreed to forgo uranium enrichment by signing a so-called “123 Agreement” at Washington’s behest.

Yet the UAE’s continued commitment to eschew enrichment is hardly guaranteed. For one thing, the 123 Agreement itself may give Abu Dhabi an out. The “123” refers to the section of the 1954 Atomic Energy Act that regulates U.S. nuclear cooperation with foreign countries. Depending on how one reads the “Agreed Minute” attached to that section, if Washington and its P5+1 partners (Russia, China, France, Britain, and Germany) reach a deal with Iran, the UAE may have cause to renegotiate its enrichment rights. Of particular note is this passage from the Minute: “The fields of cooperation, terms and conditions accorded…shall be no less favorable in scope and effect than those which may be accorded from time to time to any other non-nuclear weapons state in the Middle East in a peaceful nuclear cooperation agreement.”

More important, if the UAE decides that pursuing enrichment — whether alone or with its Gulf partners — is in its interest, it would not need to ask Washington to renegotiate the 123 Agreement. Instead, it could simply abandon U.S. nuclear cooperation altogether and obtain the technological help it needs elsewhere. Whether it takes either route will depend on Crown Prince Muhammad bin Zayed, the effective ruler of Abu Dhabi, whose admiration for America is matched only by his disappointment with the Obama administration’s policies. Already infuriated when Washington allowed the initial euphoria of the “Arab Spring” to distract it from Iran, he is now said to be livid at the prospect that Tehran’s quasi-nuclear status will be confirmed by an agreement not worth, in his mind, the paper it is written on.

UAE officials have never stated publicly that they would pursue enrichment if Iran is permitted to do so. Yet it is uncertain whether they are silent because they do not plan to do so or because they do not wish to tip their hand.

SAUDI MINDSET

Saudi Arabia’s plans for nuclear power lag behind the UAE’s but are even more ambitious — sixteen plants are to be built over the next twenty years. Although the kingdom has nearly a quarter of the world’s oil reserves, its rapidly growing energy demand could drain much of its oil exports unless it finds ways to reduce consumption. Switching to an alternative fuel source for electricity generation and increasing energy efficiency are the two most promising routes.

The kingdom’s ambition will stretch its capabilities, however. So far it has only one nuclear institution up and running, the King Abdullah City for Atomic and Renewable Energy (KA-CARE). Despite the organization’s civilian-sounding name, a U.S. official noted last month that the kingdom’s perceived nuclear intentions were not straightforward or obvious, and that KA-CARE’s recent leadership transition could also be cover for a policy change.

OTHER GULF PLANS

Kuwait’s tentative nuclear moves have slowed of late, but they have not stopped. In 2009, the government formed the Kuwait National Nuclear Energy Committee (KNNEC). In addition, economic feasibility studies and site surveys have been conducted, and students have been sent abroad for specialist education. Although much of the nascent program was cancelled after the 2011 nuclear accident in Japan, KNNEC’s activities were transferred to the Kuwait Institute for Scientific Research, and there are plans to set up a nuclear research and training facility.

Qatar has investigated the viability of domestic nuclear power as well. In 2008, it announced that it was not proceeding with any such plans, yet two years later it raised the prospect of a regional nuclear project. Doha has also signed a cooperation agreement with Russia’s state-owned Rosatom nuclear corporation.

For its part, Jordan persists in talking ambitiously of nuclear power plans. In September, it signed an agreement with a Rosatom subsidiary aimed at reaching a final construction contract within two years. The projected power plant would cost $10 billion, with half being paid by Russia. Jordan also has plans to mine domestic uranium deposits and is working with South Korea on a project to build a small research and training reactor.

MISSILES, CENTRIFUGES, AND PAKISTAN

One of the clearest signals of how Gulf leaders view Iran diplomacy was Saudi Arabia’s decision to show off two of its nuclear-capable missiles at a military parade in April. The weapons were acquired from China in the 1980s but had hitherto never been put on display, so the timing was conspicuous. Gulf Arabs believe that Washington’s intended nuclear deal with Tehran is unlikely to include limits on the regime’s arsenal of long-range missiles capable of being modified to carry a nuclear warhead. UN Security Council Resolution 1929 (2010) called for Iran to halt work on nuclear-capable missiles, but there is no indication it has done so.

Pakistan’s potential proliferation role remains troubling as well. Among the dignitaries at the Saudi parade last spring was Pakistan’s military chief Gen. Raheel Sharif (who, it should be noted, paid an official visit to Washington earlier this week). Even if the Obama administration hopes that an Iran deal will squash the prospect of Riyadh borrowing or buying nuclear warheads from Pakistan, it must also consider the distinct possibility that the Saudis will ask Islamabad for enrichment technology. Pakistan currently operates the P-2 centrifuge, equivalent to Iran’s IR-2m, which is causing so much concern because of its higher efficiency compared to Iran’s more numerous IR-1.

Saudi Arabia — along with the UAE — has been associated with Pakistan’s enrichment program since as early as the 1980s. This included hosting controversial nuclear scientist A. Q. Khan, who was placed under house arrest ten years ago when revelations emerged about his nuclear trading with Iran, Libya, and North Korea. Well before his detainment and subsequent release, Khan was a frequent visitor to the kingdom — a 1998 brochure commemorating Pakistan’s first nuclear tests contained photos of him meeting former Saudi defense minister Prince Sultan, as well as the late Sheikh Zayed of Abu Dhabi, Crown Prince Muhammad’s father and founder of the UAE. And in 1989, Sheikh Abdullah bin Zayed — then the UAE minister of information and now foreign minister — visited Pakistan’s enrichment plant at Kahuta outside Islamabad.

The Obama administration appears to believe it can stop the proliferation of nuclear technology to Gulf allies by having suppliers insist on extremely tough inspection regimes such as that used for Iran. Yet long-time Gulf partners are unlikely to appreciate being told that they will be treated in the same manner as Iran, with its long track record of violating obligations to the International Atomic Energy Agency. Moreover, it is by no means clear that all potential suppliers of enrichment technology — such as Pakistan — would impose such tough restrictions on Gulf states. In short, if an Iran deal is reached and Gulf leaders dislike it, preventing the proliferation of nuclear technology in the region will be a considerable challenge.

Simon Henderson is the Baker Fellow and director of the Gulf and Energy Policy Program at The Washington Institute. Olli Heinonen is a senior fellow at Harvard’s Belfer Center and a former deputy director-general for safeguards at the IAEA. Previously, they coauthored Nuclear Iran: A Glossary of Terms, a joint publication of the Institute and the Belfer Center.