Archive for January 13, 2017

German court gives Muslims who attacked synagogue suspended sentences, says attack justified

January 13, 2017

German court gives Muslims who attacked synagogue suspended sentences, says attack justified, Jihad Watch

“A German regional court in the city of Wuppertal affirmed a lower court decision last Friday stating that a violent attempt to burn the city’s synagogue by three men in 2014 was a justified expression of criticism of Israel’s policies.”

Meet the new Germany, same as the old Germany. This ruling is the apotheosis of Islamopandering. Would a German court say that the attempted torching of a mosque was a justified criticism of jihad terror attacks? Of course not. Nor should it. But this ruling shows how desperate German authorities are to appease their rapidly growing and increasingly aggressive Muslim population.

What’s next? A statue of Hitler at the Brandenburg Gate?

german-synagogue-wuppertal

“German court calls synagogue torching an act to ‘criticize Israel,’” by Benjamin Weinthal, Jerusalem Post, January 13, 2017:

A German regional court in the city of Wuppertal affirmed a lower court decision last Friday stating that a violent attempt to burn the city’s synagogue by three men in 2014 was a justified expression of criticism of Israel’s policies.

Johannes Pinnel, a spokesman for the regional court in Wuppertal, outlined the court’s decision in a statement.

Three German Palestinians sought to torch the Wuppertal synagogue with Molotov cocktails in July, 2014. The local Wuppertal court panel said in its 2015 decision that the three men wanted to draw “attention to the Gaza conflict” with Israel. The court deemed the attack not to be motivated by antisemitism.

Israel launched Operation Protective Edge in the summer of 2014 to stop Hamas rocket attacks into Israeli territory.

The court sentenced the three men – the 31-year-old Mohamad E., the 26 year-old Ismail A. and the 20-year-old Mohammad A.—to suspended sentences. The men tossed self-made Molotov cocktails at the synagogue. German courts frequently decline to release the last names of criminals to protect privacy.

The attack caused €800 damage to the synagogue. The original synagogue in Wuppertal was burned by Germans during the Kristallnacht pogroms in 1938. Wuppertal has a population of nearly 344,000 and is located in the state of North Rhine-Westphalia.

The court said the men had consumed alcohol and there were no injuries to members of the synagogue.

A 13-year-old who lived near the synagogue and noticed the flames informed the police. Several days before the fire, a person sprayed “Free Palestine” on a wall of the synagogue….

Obama’s Betrayal of Israel

January 13, 2017

Obama’s Betrayal of Israel, Gatestone InstituteGuy Millière, January 13, 2017

(Please see also, Israel is the legal occupant of the West Bank, says the Court of Appeal of Versailles. — DM)

President Obama’s decision not to use the US veto in the UN Security Council and to let pass Resolution 2334, effectively sets the boundaries of a future Palestinian state. The resolution declares all of Judea, Samaria and East Jerusalem — home to the Old City, the Western Wall and the Temple Mount — the most sacred place in Judaism — “occupied Palestinian territory,” and is a declaration of war against Israel.

Resolution 2334 nullified any possibility of further negotiations by giving the Palestinians everything in exchange for nothing — not even an insincere promise of peace.

The next act is the Orwellian-named “peace conference,” to be held in Paris on January 15. It has but one objective: to set the stage to eradicate Israel.

In this new “Dreyfus trial,” the accused will be the only Jewish state and the accusers will be the OIC and officials from Islamized, dhimmified, anti-Israel Western states. As in the Dreyfus trial, the verdict has been decided before it even starts. Israel will be considered guilty of all charges and condemned. A draft of the declaration to be published at the end of the conference is already available.

The declaration rejects any Jewish presence beyond the 1949 armistice lines — thereby instituting apartheid. It also praises the “Arab Peace Initiative,” which calls for returning of millions of so-called “refugees” to Israel, thus transforming Israel into an Arab Muslim state where a massacre of Jews could conveniently be organized.

The declaration is most likely meant serve as the basis for a new Security Council resolution on January 17 that would recognize a Palestinian state inside the “1967 borders,” and be adopted, thanks to a second US abstention, three days before Obama leaves office. The betrayal of Israel by the Obama administration and by Obama himself would then be complete.

The US Congress is already discussing bills to defund the UN and the Palestinian Authority. If Europeans think that the incoming Trump administration is as spineless as the Obama administration, they are in for a shock.

Khaled Abu Toameh noted that the Palestinian Authority sees Resolution 2334 as a green light for more murders and violence.

Daniel Pipes recently wrote that it is time to acknowledge the failure of a “peace process” that is really a war process. He stresses that peace can only come when an enemy is defeated.

Resolution 2334 and the Paris conference, both promoted by Obama, are, as the great historian Bat Ye’or wrote, simply a victory for jihad.

The Middle East is in chaos. More than half a million people have been killed in the Syrian war and the number is rising. Bashar al-Assad’s army used chemical weapons and barrel bombs against civilians; Russia has bombed schools and hospitals.

Syrians, Christians, Yazidis, Libyans, Yemenis and Egyptians all face lethal treats. Iranian leaders still shout “Death to Israel” and “Death to America” while buying nuclear equipment with money from lifted sanctions. Turkey is sliding toward an Islamist dictatorship, and unable to stem attacks against it.

The only democratic and stable country in the region is Israel, and that is the country U.S. President Barack Obama, in the final weeks of his term, chooses to incriminate. His decision not to use the US veto in the UN Security Council, to let pass Resolution 2334, effectively sets the boundaries of a future Palestinian state. The resolution also declares all of Judea, Samaria and East Jerusalem, home to the Old City, the Western Wall and the Temple Mount — the most sacred place in Judaism — “occupied Palestinian territory,” and is a declaration of war against Israel.

UNSC Resolution 2334 nullified any possibility of further negotiations, by giving the Palestinians everything in exchange for nothing — not even an insincere promise of peace. US Secretary of State John Kerry’s speech five days later confirmed Obama’s support for the resolution. Kerry, like US Ambassador to the UN Samantha Power, used the existence of Jewish towns and villages in Judea and Samaria as a pretext to endorse the position of Palestinian leaders, who want to ethnically cleanse Jews from these areas. But this was just a prelude.

The next act is the Orwellian-named “peace conference,” to be held in Paris on January 15. It has but one objective: to set the stage to eradicate Israel.

Organized by François Hollande, a failed French President who will leave power in four months, it was supported from the start by the Obama administration. Israeli Defense Minister Avigdor Lieberman called it “the new Dreyfus trial.” The accused will be the only Jewish state and the accusers will be the Organization of Islamic Cooperation (OIC) and officials from Islamized, dhimmified, anti-Israel Western states. As in the Dreyfus trial, the verdict is known before it starts. Israel will be considered guilty of all charges and condemned to what its accusers hope will be the beginning of its end.

2208Is Barack Obama planning another betrayal of Israel at next week’s Paris “peace conference,” organized by French President François Hollande? Pictured: Obama and Hollande in Washington, May 18, 2012. (Image source: White House)

Some commentators have compared what will happen in Paris to the 1942 Wannsee Conference in Nazi Germany, because the aim seems clearly to be the “final solution” of the “Jewish problem” in the Middle East. A draft of the declaration to be published at the end of the conference is already available. It affirms unreserved support for the “Palestinian Statehood strategy” and the principle of intangibility (that the borders cannot be modified) of the “1967 borders,” including East Jerusalem, the Old City and the Western Wall.

The draft declaration rejects any Jewish presence beyond these borders — thereby instituting apartheid — and praises the “Arab Peace Initiative,” which calls for returning millions of so-called “refugees” to Israel, and thus the transforming of Israel into an Arab Muslim state — where a massacre of the Jews could conveniently be organized.

The declaration is most likely meant to be the basis for a new UN Security Council resolution that would endorse the recognition of a Palestinian state in the “1967 borders” as defined in the declaration. The new resolution could be adopted by a second US abstention at the Security Council on January 17, three days before Obama leaves office. The betrayal of Israel by the Obama administration and by Obama himself would then be complete.

On January 20, however, Donald J. Trump is to take office as President of the United States. Trump sent a message on December 23: “Stay strong Israel, January 20th is fast approaching!” He added explicitly that the U.S. “cannot continue to let Israel be treated with such total disdain and disrespect.”

On January 5, the US House of Representatives approved a text harshly criticizing Resolution 2334. Congress is already discussing defunding the UN and the Palestinian Authority. If Europeans and members of UN think the incoming Trump administration is as spineless as the Obama administration, they are in for a shock.

Wall Street Journal columnist Bret Stephens recently wondered if the creation of a Palestinian state would alleviate the current Middle East chaos. His answer was that it would not, and that the creation of a Palestinian state would be seen as a victory for jihadists. He also noted that the Palestinian Authority still behaves like a terrorist entity; that an Israeli withdrawal from Judea and Samaria would encourage Hamas and lead to the creation of another terrorist Islamic state in the West Bank, and that an Israeli withdrawal is something that most Palestinians do not even want:

“[A] telling figure came in a June 2015 poll conducted by the Palestinian Center for Public Opinion, which found that a majority of Arab residents in East Jerusalem would rather live as citizens with equal rights in Israel than in a Palestinian state.”

Khaled Abu Toameh, an Arab journalist who has never yet been wrong, noted that the Palestinian Authority sees Resolution 2334 as a green light for more violence, murders and confrontation. He added that if presidential elections by the PA were held today, Hamas leader Ismail Haniyeh would win by a comfortable margin.

In another important article, Middle East scholar Daniel Pipes writes that it is time to acknowledge the failure of a “peace process” that is really a war process. He stressed that peace can only come when an enemy is defeated. He predicts that for peace to come, Israel must win unambiguously, and the Palestinians pass through “the bitter crucible of defeat, with all its deprivation, destruction, and despair.”

Jihadi indoctrination, as well as the financial aid given to Palestinian terrorists, have been paid for by the United States, France, and other Western European nations. That too should stop.

Resolution 2334 and the Paris peace conference, both promoted by Obama, are, as the great historian Bat Ye’or wrote, simply victories for jihad.

Democrats hunker down for ‘permanent opposition’ to Donald Trump presidency

January 13, 2017

Democrats hunker down for ‘permanent opposition’ to Donald Trump presidency, Washington TimesValerie Richardson, January 12, 2017

kkkdemoProtesters dressed as Ku Klux Klan members disrupt the Senate Judiciary Committee’s confirmation hearing for Attorney General-designate Sen. Jeff Sessions on Tuesday. (Associated Press)

For those stunned to see Tuesday’s Senate confirmation hearing disrupted by shouts, changs and protesters dressed as Ku Klux Klan members: Get used to it.

President-elect Donald Trump won’t take office for another week, but Democrats and left-wing groups have already laid the groundwork for a relentless four-year assault on his presidency, vowing to disrupt and discredit his administration long before he signs his first bill.

Trump campaign manager Kellyanne Conway and former House Speaker Newt Gingrich have a name for it: the permanent opposition.

“You’re going to have a permanent opposition, sort of a combination of the news media and the Elizabeth Warren hard left, and they’re going to attack every single day and they’re going to find something to attack all the time,” Mr. Gingrich said on Fox’s “Sunday Morning Futures.”

“And Trump’s got to get used to the idea. ‘That’s OK, that’s just noise,’” Mr. Gingrich said.

Nobody expects the losing party to celebrate after a presidential race, but political analysts say the postelection frenzy of fundraising, war rooms, protests and social media hysteria represents an alarming departure from the traditional stoic acceptance of years past.

“This is dramatically different from what we’ve seen,” said conservative author David Horowitz, chronicler of left-wing movements and author of the 2012 book “The New Leviathan: How the Left-Wing Money Machine Shapes American Politics.”

“A democracy only works if the factions, the divisions are done peacefully and resolved peacefully, and compromises are made,” Mr. Horowitz said. “There’s a honeymoon after the election in which the losing party defends the legitimacy of the election result. That’s why we’ve had peace since the Civil War in this country.”

Democrats have countered that Mr. Trump’s campaign statements in favor of policies such as repealing Obamacare and building a wall to stop illegal immigration from Mexico have forced them to mobilize before the Jan. 20 inauguration.

“While we don’t yet know the harmful proposals the next administration will put forward, thanks to Donald Trump’s campaign, Cabinet appointments and Twitter feed, we do have an idea of what we will be dealing with, and we must be prepared,” said California Assembly Speaker Anthony Rendon.

The Democrat-controlled California Legislature took the unprecedented step last week of hiring former U.S. Attorney Eric H. Holder Jr. to fight Mr. Trump, and New York Gov. Andrew Cuomo has called his state a refuge for minorities who feel they are under attack by the still-hypothetical Trump administration.

Democrats say Republicans didn’t make it easy for President Obama, who had barely got comfortable in the White House before the tea party announced its arrival with a march on Washington in September 2009.

On the other hand, conservatives never tried to upend the 2008 Electoral College result by urging electors to defect, or called for his impeachment before he took office, or organized dozens of demonstrations to coincide with his inauguration.

All of that and more have followed Mr. Trump since his Nov. 8 election victory against Democratic nominee Hillary Clinton.

“You don’t criticize it in advance of it happening,” Mr. Horowitz said. “I’m amused at all these attacks on Trump as an authoritarian. Well, an authoritarian is a form of ruler. He hasn’t ruled anything.”

Mr. Obama and Mrs. Clinton have stayed largely above the fray in public, encouraging the electorate to give Mr. Trump a chance, but their top supporters are moving in another direction entirely.

The Center for American Progress Action Fund, backed by the Democracy Alliance, a millionaire and billionaire’s club of top Democratic donors, launched on Dec. 15 its Resist campaign, vowing to marshal its resources behind an effort to “push back rapidly and forcefully against the excesses of the Trump administration.”

“We will organize in our communities and congressional offices. We will march in the streets and apply pressure through social media,” says the Resist post. “And we will forge ahead. We will stand up for progressive values and lay the groundwork for a progressive resurgence in the years to come.”

The center isn’t exactly a fringe group. It was founded by John Podesta, who ran Mrs. Clinton’s campaign and served as a White House adviser to Mr. Obama.

For Democrats, the strategy clearly has benefits. In addition to juicing fundraising, vowing to fight Mr. Trump has helped unify supporters and patch up fractures that emerged during the primary campaign between Mrs. Clinton and Sen. Bernard Sanders of Vermont.

On the other hand, promoting a state of never-ending political battle may come back to haunt the party. Swing voters may grow weary and ultimately tune out the constant anti-Trump outcry, as many of them did during the election.

Liberal comedian Bill Maher said Democrats cried wolf so many times in past presidential races that nobody believed their warnings about Mr. Trump.

Democrats also risk being associated with some of the more extreme elements taking part in the massive resistance to Mr. Trump. One example is RefuseFascism.org, whose organizers include Weather Underground bomber Bill Ayers and Carl Dix, a founding member of the Revolutionary Communist Party.

The group clearly has connections: It ran a full-page ad Wednesday in The Washington Post, signed by liberal celebrities such as Ed Asner, Debra Messing and Rosie O’Donnell, that urged millions to join a “month of resistance” with “protests that don’t stop” in which “people refuse to leave, occupying public space.”

On her personal Twitter feed, Miss O’Donnell told her 900,000 followers about her idea for resisting Mr. Trump — martial law. “I fully support imposing martial law — delaying the inauguration — until Trump is ‘cleared’ of all charges,” Miss O’Donnell tweeted.

Although the comedian failed to specify what official charges should prevent Mr. Trump from taking office, she did link to an image describing environments where military control of the civilian population “might be best.”

Dozens of groups are urging thousands to protest the Jan. 20 inaugural in Washington, leading to concerns about violence and vandalism that could deliver a public relations hit to anti-Trump groups such as Occupy Inauguration.

Republican strategist Mike McKenna called the uproar “sad and pathological.” “Politically, it is really a mistake,” he said.

“The longer they go without coming to grips about what has happened over the last eight years with respect to the dissolution of the Democrat Party as a national party,” Mr. McKenna said, “that’s not good for anyone.”

Fixating on Mr. Trump also prevents Democrats from promoting a positive message for voters, especially if he winds up scoring policy victories early on in his administration.

“His job is to produce for the American people,” Mr. Gingrich said, “and frankly, to the degree that the Democrats decay into just being the anti-Trump party, they will keep themselves in the minority a long time.”

Mystery blasts in Damascus: Syria accuses Israel

January 13, 2017

Mystery blasts in Damascus: Syria accuses Israel, DEBKAfile, January 13, 2017

syrian_iaf_attack_13-1-17

Some unknown hand struck into the heart of that regime in the space of a few hours – not once, but twice.The Assad regime used its standard scapegoat, Israel, for covering up embarrassing and inexplicable occurrences.

However, DEBKAfile’s military and intelligence sources disclose that the regime has reached an awkward crossroads. The Russians have taken charge of the Syrian war and no longer bother to consult with the Syrian president or Iran on its conduct. They are deeply immersed in preparing the Syrian peace conference they are sponsoring which is scheduled to open at Astana, Kazakhstan on Jan. 23.

If Moscow coordinates its Syrian strategy with anyone, it is Turkish President Tayyip Erdogan, but even then only to a limited extent.

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There were two unclaimed explosions in Damascus overnight Thursday and early Friday (Jan.12-13) – one at an officers club in Damascus and the second at Mezzeh airport, which Syria alleged was the work of the new Israeli S-35 stealth aircraft firing across the border from a point over the Sea of Galilee.

There was no claim to either of the attacks.

The standard Israeli policy of striking any Iranian arms shipments for Hizballah in Lebanon when they cross through Syria would not longer be applicable to any such air strike, if indeed one was launched..

The Lebanese Shiite Hizballah deploys 9,000 elite fighters in Syria to fight for Bashar Assad. Its Iranian arms supplies no longer need to risk being trucked through Syria to Lebanon; they can be delivered directly to Hizballah bases in Syria without exposure to Israel air strikes.

Indeed, should the pro-Iranian Hizballah decide to go back to shooting missiles at Israel – or using Iranian-supplied unconventional weapon – it has new launching pads readily available in Syria from those very bases. They are located in the Qalamoun mountains in western Syria and at Zabadani, a Syrian ghost town near the Damascus-Beirut highway, which the Lebanese terror group has made its military center.

Both would be obvious targets for Israel to attack rather than Damascus’ Mezzeh airport.

Tehran, having grasped from bitter experience that Mezzeh is under close surveillance by Israeli intelligence, no longer uses its facilities. Instead Iran flies arms shipments for Hizballah to Beirut by commercial aircraft, which Israel prefers not to attack, or overland through Iraq to northwestern Syria, where the consignments are picked up and transferred to Lebanon by sea.

So if an Israeli F-35 air strike on the Damascus airport should be confirmed, its target would not have been Iranian and Hizballah military supplies. Mezzeh is the site of a sterile zone set aside for the exclusive use of President Bashar Assad, his family and his top military and intelligence chiefs. It also houses laboratories for developing and manufacturing unconventional weapons, as well serving as the main command center for the 4th Division, whose Republican Guard unit protects the president, his family and members of the ruling caste.

In the first attack, a suicide bomber blew himself up Thursday night at the officers’ club in the heavily policed Kafra Sousa district of Damascus. At least ten people were killed and dozens injured. Located there are the homes of many Assad loyalists in the security and military establishments, as well as top secret facilities.

The ability of a suicide bomber to penetrate one of the most heavily secured locations in Damascus and blow up at an exclusive regime watering hole raises questions about the inner workings of the Assad regime.

Some unknown hand struck into the heart of that regime in the space of a few hours – not once, but twice.The Assad regime used its standard scapegoat, Israel, for covering up embarrassing and inexplicable occurrences.

However, DEBKAfile’s military and intelligence sources disclose that the regime has reached an awkward crossroads. The Russians have taken charge of the Syrian war and no longer bother to consult with the Syrian president or Iran on its conduct. They are deeply immersed in preparing the Syrian peace conference they are sponsoring which is scheduled to open at Astana, Kazakhstan on Jan. 23.

If Moscow coordinates its Syrian strategy with anyone, it is Turkish President Tayyip Erdogan, but even then only to a limited extent.

The Syrian ruler and Iran, after being sidelined by the Russians, are following their example. Both have taken to holding their cards close to their vests and operating under in close secrecy.

In an attempt to pierce the resulting aura of mistrust spreading over the staunch Iranian-Syrian alliance, Ali Shamkhani, Secretary of the Supreme National Security Council of Iran and one of supreme leader Ayatollah Ali Khamenei’s closest confidants, was sent to Damascus Sunday, Jan 8, to find out what is going on there

The mystery deepened further Friday morning, when Syrian state media ran photos of a big blaze – which may or may not be authentic – to illustrate the alleged Israeli attack on Mezzeh airport.

Off Topic? | Obama Blocks Cubans Fleeing Regime, Scraps Defectors Program

January 13, 2017

Obama Blocks Cubans Fleeing Regime, Scraps Defectors Program, PJ Media, Bridget Johnson, January 12, 2017

(Obama welcomes Islamists who hate America and all for which she stands, while rejecting Cubans fleeing a Communist dictatorship in hopes of living and prospering in a free country.  Please see also, Obama Feeds Cuba’s Firing Squads — DM)

cubanrefugeesA group of men from Cuba hug after coming ashore in Key West, Fla., in June 2016. (Mike Hentz, Key West Citizen via AP)

Menendez said the eliminated policies “reflect our commitment to the values of liberty and democracy.”

“We should never deny a Cuban refugee fleeing a brutal regime entry into the United States. We must remind ourselves every day of the continued oppression and human suffering that is happening – not only halfway around the world, but just 90 miles off our shores. The ongoing repressive behavior of the Cuban regime still haunts our hemisphere today,” the New Jersey Dem said. “The fact is the recent ill-conceived changes in American policy towards Cuba have rewarded the regime with an economic lifeline while leaving everyday Cubans less hopeful about their futures under a brutal totalitarian dictatorship.”

“And while more needs to be done to prevent the small universe arriving from Cuba who may seek to exploit the privileges and freedoms that come with the ‘wet-foot/dry-foot’ policy, those few actors should not destroy our efforts to protect the many who are forced to flee persecution.”

*****************************************

WASHINGTON — President Obama today revoked the “wet-foot/dry-foot” policy that has provided refuge for Cubans escaping the communist island since the mid-1990s, prompting Sen. Bob Menendez (D-N.J.) to accuse the administration of turning its back on people fleeing persecution.

Rep. Ileana Ros-Lehtinen (R-Fla.), whose family fled Cuba when she was 7 years old, declared that Obama eliminated the refugee policy, and the Cuban Medical Professional Parole program that encouraged defections of doctors and nurses working abroad, “because that’s what the Cuban dictatorship wanted and the White House caved to what Castro wants.”

“Castro uses refugees as pawns to get more concessions from Washington so there is no reason to do away with the Cuban medical doctor program, which is a foolhardy concession to a regime that sends its doctors to foreign nations in a modern-day indentured servitude,” Ros-Lehtinen said.

The Department of Homeland Security said the programs were scrapped for the sake of “ongoing normalization of relations between the governments of the United States and Cuba” and “a commitment to have a broader immigration policy in which we treat people from different countries consistently.”

“The United States will now treat Cuban migrants in a manner consistent with how it treats others; unauthorized migrants can expect to be removed unless they qualify for humanitarian relief under our laws,” DHS said in a statement, adding that the Cuban government “has agreed to begin to accept the return of Cuban nationals who have been ordered removed.”

“Cuba and the United States will work to further discourage unlawful migration to the United States and promote bilateral cooperation to prevent and prosecute alien smuggling and other crimes related to illegal migration.”

Obama said the policies were “designed for a different era” and the elimination of the medical parole program was for the benefit of Cubans. “By providing preferential treatment to Cuban medical personnel, the medical parole program contradicts those efforts, and risks harming the Cuban people,” he said. “Cuban medical personnel will now be eligible to apply for asylum at U.S. embassies and consulates around the world, consistent with the procedures for all foreign nationals.”

“With this change we will continue to welcome Cubans as we welcome immigrants from other nations, consistent with our laws,” the president added. “During my administration, we worked to improve the lives of the Cuban people – inside of Cuba – by providing them with greater access to resources, information and connectivity to the wider world. Sustaining that approach is the best way to ensure that Cubans can enjoy prosperity, pursue reforms, and determine their own destiny.”

On a White House call with reporters this evening, Deputy National Security Advisor Ben Rhodes said there has been “a continued uptick in Cuban migrants coming to the United States” since the administration’s policies to deepen relations with the regime have gone into effect, and officials “did not want to speculate publicly about the likelihood of this change for fear of inviting even greater migration flows.”

“There’s obviously an enormous number of — there’s a very large Cuban American population, and many Cuban migrants are already here. It was going to be too complicated, frankly, to significantly return people who are already here,” Rhodes said. “We wanted to get things right going forward.”

Rhodes added that “the best way” for Cubans to have opportunity “is for them to be able to pursue it at home through an economy that has continued to pursue market-based reforms.”

Menendez said Congress “was not consulted prior to this abrupt policy announcement with just nine days left in this administration.”

“The Obama administration seeks to pursue engagement with the Castro regime at the cost of ignoring the present state of torture and oppression, and its systematic curtailment of freedom,” the senator said.

DHS Secretary Jeh Johnson said on the White House call that “the discussions leading up to this were very sensitive,” and that’s why Congress was left in the dark.

“The policy that we’re announcing today is effective immediately. We did not want for there to be a mass exodus from Cuba in anticipation of a change in policy,” Johnson said.

c2bkisxxcaiyvao

Cubans line up on Mexican border. Stopped from entering US. “I got here two hours late,” said Carlos

15 Cubans are lined up on Mexican side of border at Laredo border station blocked from entering. “Help us. Help us.”

White House official said they hoped Congress would repeal the Cuban Adjustment Act, the 1966 law allowing migration of Cubans able to escape. Sen. Marco Rubio (R-Fla.) acknowledged that the law needs reform, but said “the Obama administration’s characterization of this change as part of the ongoing normalization with the Castro regime is absurd.”

“We must work to ensure that Cubans who arrive here to escape political persecution are not summarily returned to the regime, and they are given a fair opportunity to apply for and receive political asylum,” Rubio said.

He called on the incoming Trump administration to reverse the part of the executive order eliminating the medical parole program and “allow these doctors to seek asylum at U.S. embassies or consulates in other countries.”

Menendez said the eliminated policies “reflect our commitment to the values of liberty and democracy.”

“We should never deny a Cuban refugee fleeing a brutal regime entry into the United States. We must remind ourselves every day of the continued oppression and human suffering that is happening – not only halfway around the world, but just 90 miles off our shores. The ongoing repressive behavior of the Cuban regime still haunts our hemisphere today,” the New Jersey Dem said. “The fact is the recent ill-conceived changes in American policy towards Cuba have rewarded the regime with an economic lifeline while leaving everyday Cubans less hopeful about their futures under a brutal totalitarian dictatorship.”

“And while more needs to be done to prevent the small universe arriving from Cuba who may seek to exploit the privileges and freedoms that come with the ‘wet-foot/dry-foot’ policy, those few actors should not destroy our efforts to protect the many who are forced to flee persecution.”

Israel is the legal occupant of the West Bank, says the Court of Appeal of Versailles

January 13, 2017

Israel is the legal occupant of the West Bank, says the Court of Appeal of Versailles

By Pamela Geller – on January 12, 2017

Source: Israel is the legal occupant of the West Bank, says the Court of Appeal of Versailles – The Geller Report

Much thanks to Jean-Patrick for reporting on this monumental but ignored court ruling.

Also see San Remo mandate: Israel’s Magna Carta (and here).

Israel is the legal occupant of the West Bank, says the Court of Appeal of Versailles, France

Publie par Jean-Patrick Grumberg, Le 12 Janvier 2017

In a historical trial carefully « forgotten » by the media, the 3rd Chamber of the Court of Appeal of Versailles declares that Israel is the legal occupier of the West Bank*.

When I first learned that the Court of Appeal of Versailles ruled that West bank settlements and occupation of Judea Samaria by Israel is unequivocally legal under international law, in a suit brought by the Palestinian Authority against Jerusalem’s light rail built by French companies Alstom and Veolia, that received no media coverage, I decided to put to work my years of Law Studies in France, and I meticulously analyzed the Court ruling.

To my astonishment, pro-Israeli media did not cover it either. The few who mentioned the case did not have any legal background in French law to understand the mega-importance of the ruling, and, as a few lefty English speaking Israeli websites reported it, they thought that it was a decision strictly pertinent to the Jerusalem light rail. It’s not.

To make sure I did not overestimate my legal abilities and that I wasn’t over optimistic – as usual-, I submitted my analysis and the Court papers to one of the most prominent French lawyer, Gilles-William Goldnadel, President of Lawyer without borders, to receive his legal opinion. He indeed validated my finding. Then I decided to translate it to English, and it will soon be submitted to Benjamin Netanyahu thru a mutual friend.

 

First and foremost, the Versailles Court of Appeals had to determine the legal rights of Palestinians and Israelis in West Bank. Their conclusion: Palestinians have no right – in the international legal sense – to the region, unlike Israel, who is legitimately entitled to occupy all land pass the 67 line.

The context :

In the 90s, Israel bid for the construction of the Jerusalem light rail. The tender was won by French companies Veolia and Alstom. The light rail was completed in 2011, and it cross Jerusalem all the way to the east side and the « occupied territories » (more about this term later).

Following this, the PLO filed a complaint with the High Court (Tribunal de Grande Instance) of Versailles France, against Alstom and Veolia, because according to PLO, « the construction of the tram is illegal since the UN, the EU, many NGOs and governments consider that « Israel illegally occupy Palestinian territories ».

The quest for the International Legislation to establish the rights of each party.

In order to rule whether the light rail construction was legal or not, the court had to to seek the texts of international law, to examine international treaties, in order to establish the respective rights of the Palestinians and the Israelis.

And to my knowledge, this is the first time that a non-Israeli court has been led to rule on the status of the West Bank.

Why is this an historical ruling: it is the first international case since the declaration of the State of Israel in 1948

It is the first time since the establishment of the State of Israel in 1948 that an independent, non-Israeli court has been called upon to examine the legal status of West bank territories under international law, beyond the political claims of the parties.

Keep in mind though, that the Court’s findings have no effect in international law. What they do, and it’s of the utmost importance, they are clarify the legal reality.

The Versailles Court of Appeal conclusions are as resounding as the silence in which they were received in the media: Israel has real rights in the territories, its decision to build a light rail in the West Bank or anything else in the area is legal, and the judges have rejected all the arguments presented by the Palestinians.

The Palestinian arguments

  • The PLO denounces the deportation of the Palestinian population, and the destruction of properties in violation of international regulations. Relying on the Geneva and Hague Conventions and the UN resolutions, it considers that the State of Israel is illegally occupying Palestinian territory and is pursuing illegal Jewish colonization. Thus, construction of the light rail is itself illegal (1).
  • The PLO adds that the light rail construction has resulted in the destruction of Palestinian buildings and houses, the almost total destruction of Highway 60, which is vital for Palestinians and their goods, and has conducted many illegal dispossessions. Therefore, several clauses from the annexed Regulations to the October 18, 1907 Fourth Hague Convention were violated (2).
  • Finally, the PLO alleges that Israel violates the provisions relating to the « protection of cultural property » provided for in Article 4 of the Hague Convention of 14 May 1954, Article 27 of the Hague Regulations of 1907, Article 5 of the Hague Convention IX of 1907, and Article 53 of Additional Protocol No. 1 to the Geneva Conventions.

The Court of Appeal does not deny the occupation, but it destroys one after another all the Palestinian arguments

Referring to the texts on which the PLO claim is based, the Court of Appeal considers that Israel is entitled to ensure order and public life in the West Bank, therefore Israel has the right to build a light rail, infrastructure and dwellings.

Article 43 of the Fourth Hague Convention of 1907 stipulates that « The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety ».

Israeli occupation does not violate any international law

« The Palestinian Authority misread the documents, they do not apply to the occupation »

The Court explains that the Palestinian Authority misinterprets the texts and they do not apply to the occupation:

  • First of all, all the international instruments put forward by the PLO are acts signed between States, and the obligations or prohibitions contained therein are relevant to States. Neither the Palestinian Authority nor the PLO are States, therefore, none of these legal documents apply.
  • Secondly, said the Court, these texts are binding only on those who signed them, namely the « contracting parties ». But neither the PLO nor the Palestinian Authority have ever signed these texts.

Propaganda is not international law

The Court, quite irritated by the presented arguments, boldly asserted that the law « can not be based solely on the PLO’s assessment of a political or social situation.« 

Humanitarian law was not violated

The PLO mistakenly refers to the wrong legal document because the Hague Convention applies in case of bombing. And … « Jerusalem is not bombed. »

The PLO invokes the violation of humanitarian law contained in the Geneva and Hague Conventions.

  • But on the one hand, says the judges of the Court of Appeal, international conventions apply between States and the PLO is not a State: « the International Court of Justice has indicated that [the Conventions] only contain obligations for the States, and that individual have no rights to claim the benefit of those obligation for themselves ».
  • Then the Court says that only the contracting parties are bound by international conventions, and neither the PLO nor the Palestinian Authority have ever signed any of them.
  • The Court draw the conclusion that the PLO is mistakenly referring to the wrong legal document because the Hague Convention applies in case of bombing. And … « Jerusalem is not bombed« 

The PLO and the Palestinians were dismissed

The PLO cannot invoke any of these international conventions, said the Court.

« These international norms and treaties » does not give the « Palestinian people that the PLO says he represents, the right to invoke them before a court.« 

The Court of Appeal therefore sentenced the PLO (and Association France Palestine Solidarité AFPS who was co-defendant) to pay 30,000 euros ($32,000) to Alstom, 30,000 euros to Alstom Transport and 30,000 euros to Veolia Transport.

Neither the PLO nor the Palestinian Authority nor the AFPS appealed to the Supreme Court, therefore the judgment has become final.

This is the first time that a Court has legally destroyed all Palestinian legal claim that Israeli’s occupation is illegal.

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  • (1) The PLO relies on article 49 of the Fourth Geneva Convention of August 12, 1949, which states that « the occupant power may not deport or transfer part of its own civilian population in the Territory he occupies », and article 53, which states that « the occupant Power is prohibited from destroying movable or immovable properties belonging individually or collectively to private people, to the State or to public authorities or social or cooperative organizations, except in cases where such destruction is rendered absolutely necessary for military operations ».
  • (2) The PLO refers to the Fourth Geneva Convention of August 12, 1949:
    • Article 23 (g), which prohibits « the destruction or seizure of enemy properties except in cases where such destruction or seizure are imperatively ordered for the necessities of war. »
    • Article 27 according to which « in the sieges and bombardments, all necessary measures must be taken to spare as much as possible the buildings devoted to worship, the arts, sciences, charitable institutions, historical monuments, and hospitals … »
    • Article 46 which states that « private property can not be confiscated ».