Monthly archives: November 2023


The Twitter Hack 163

The hack of my X Twitter account was definitely intended to reduce my reach on Palestine, it took place while the security services have possession of my electronics and access to my account, and it involved either complicity by Twitter or a security service backdoor.

I have now had to involve lawyers and prepare for legal action against X to get my Twitter account back. It took me 15 years to build up 138,000 followers despite continual suppression and shadow banning. Some of my individual tweets on Palestine were gaining over 10,000 likes. Subscriptions to this blog were increasing.

I understand why action has been taken to destroy all that, just as I understand why a laughable “terrorism” investigation against me has been launched to disrupt my work and try to put me back in jail. I must be achieving something, or they wouldn’t take all this trouble. I intend therefore to bash on.

When my account was hacked, the first thing that was done, immediately, was to change the password and then put out a tweet in support of Hitler and the Holocaust in my name. That is how I know that the motivation was related to the current genocide in Palestine.

I know that either Twitter complicity was involved or a security service backdoor into Twitter because the “hacker” was able, within ten minutes, to change the password, email and the very name and identity of the account, from @craigmurray.org to @matthuag. Twitter automatically blocks you from making all those changes at the same time, for obvious reasons. Also the identity of the account was changed while still retaining the blue verified tick, which is also not normally possible.

It is also consistent with Twitter complicity that despite my reporting the hack to X support within five minutes of the password being changed, and reminding them repeatedly ever since, there has been no response other than automated ones from X Support. Furthermore another victim of this crime, the real @matthuang, has also reported to Twitter the appearance of the fake @matthuag account from the renaming of @craigmurrayorg, impersonating him. Matt Huang also, a person of some note, has been unable to obtain any response from Twitter.

It is a matter of simple fact that X or Twitter employs numerous ex members of the US, UK and Israeli security services. The only thing in doubt about that statement is the “ex”.

It seems to me entirely possible that this action was undertaken by, or at the behest of, the police or security services, in order to bolster the “terrorism” accusation against me by the crazy pro-Hitler tweet. At the time of the tweet they held – and still do – my seized mobile phone. They seized my laptop and cloned it before returning it to me. They had direct access to my Twitter account at the time this was done.

Furthermore my solicitors reported the hack, and the pro-Hitler tweet, to Police Scotland at the time it happened. Police Scotland have shown no interest at all. I would remind you that this is the police force that prosecuted a man for training his dog to give a Nazi salute online. But they have no interest in discovering who sent out a tweet supporting Hitler and the Holocaust?

A final thought. After the hack and the pro-Hitler tweet, it is my strong suspicion that the account was offloaded or sold to other people entirely, who made the change to @matthuag for the purpose of perpetrating some kind of identity fraud on Matt Huang. This appears an entirely different kind of crime and motivation. Otherwise the original hackers could have simply done it to hide their tracks and motivation. Whoever now controls the account appears to lack either the ability or the motivation to disconnect the Twitter API which posts notification of new articles here direct to the account.

I have now asked the lawyers to consider action against the police.

I am sorry to say all this continues to come with a large financial cost, which is of course not an accident. The imposition of constant financial drain through legal and other attacks is a fundamental part of the state system of suppressing dissent. Our only defence against that is horizontal solidarity which shares the cost among hundreds of us. I do plead with the 98% of readers of this blog who still do not subscribe to see if you can afford a small amount – it can be less than a cup of coffee a month. But please do not contribute if it causes you any financial hardship at all.

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Forgive me for pointing out that my ability to provide this coverage is entirely dependent on your kind voluntary subscriptions which keep this blog going. This post is free for anybody to reproduce or republish, including in translation. You are still very welcome to read without subscribing.

Unlike our adversaries including the Integrity Initiative, the 77th Brigade, Bellingcat, the Atlantic Council and hundreds of other warmongering propaganda operations, this blog has no source of state, corporate or institutional finance whatsoever. It runs entirely on voluntary subscriptions from its readers – many of whom do not necessarily agree with the every article, but welcome the alternative voice, insider information and debate.

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Banned Books 153

At Saturday’s great march in support of Palestine in London, police arrested members of the Communist Party of Great Britain Marxist-Leninist (CPGBML) for having a pamphlet on sale on their stall.

The “illegal” pamphlet is entitled Zionism: A Racist, Anti-Semitic and Reactionary Tool of Imperialism.

Just what is illegal about it, I do not know. The authorship is ascribed to the CPGBML. I have looked through it and it is scrupulous in distinguishing between zionism and judaism. Criticism of Israel and of the zionist movement is not anti-semitic.

I suspect what may have upset the authorities are the passages on collaboration between some leaders of the zionist movement and the Nazis.

This is a difficult subject. My own view, which I have discussed both in several articles on this blog and in person with many friends who take a different view, (including Tony Greenstein who has written an entire book on the subject), is that it serves no useful purpose to keep bringing this up. Aberrations of history at a time of great world convulsion, including the events leading up to the Holocaust and that genocide itself, throw up many horrors it is often not helpful to try to tie in to contemporary events.

I see this in Scotland. It appears true that unfortunately a few Scottish nationalists momentarily considered Nazi Germany a possible ally against a common enemy in London. But efforts are made constantly on social media to use that as a meme to portray modern Scottish nationalists as Nazis, which is utter nonsense. Furthermore bringing the Nazis into political debate, especially in anything relating to the Holocaust, immediately causes all kinds of nutters to come out of the woodwork.

Truth is important and true history should always be acknowledged and faced. But I believe my fellow supporters of Palestine do not help today’s debate or the Palestinian cause by dredging up 90-year-old marginal stories.

This particular truth certainly has a place in the history books, but most of the attempts to insert it into current debate are not, in my view, justified.

That, however, is a very different view to saying that books addressing the subject should be banned and people arrested for possessing them. This is a simply appalling attack on freedom of speech. I condemn it unreservedly.

It is also not in the least plain to me where the offence lies.

Is it an offence simply to possess this pamphlet? Does the offence lie rather in displaying it, or in offering to sell it? Is it only an offence to try to sell it at a demonstration? Would it be an offence to sell it in a bookshop? Would it be an offence if it were in a university library for the study of Marxist-Leninist thought?

The pamphlet was published in 2015. Was that an offence at the time? Did anybody who displayed or sold a copy of the pamphlet over the last eight years commit an offence? Is everybody today in possession of a copy committing an offence, including me who has one for the purposes of journalism?

And what offence is it precisely?

The United Nations Office of the High Commissioner for Human Rights has put out a very strong statement on the use of the current attacks on Gaza to damage freedom of expression worldwide:

GENEVA (23 November 2023) – UN experts* today expressed alarm at the worldwide wave of attacks, reprisals, criminalisation and sanctions against those who publicly express solidarity with the victims of the ongoing conflict between Israel and Palestine.

“Calls for an end to the violence and attacks in Gaza, or for a humanitarian ceasefire, or criticism of Israeli government’s policies and actions, have in too many contexts been misleadingly equated with support for terrorism or antisemitism. This stifles free expression, including artistic expression, and creates an atmosphere of fear to participate in public life,” the experts said…

“People have the right to express solidarity with victims of grave human rights violations and demand justice, whether from one side or the other or both,” the experts said.

They noted with deep concern that several artists around the world have been targeted because of their art or political messaging, pressured to change topics of artistic expression, and labelled either as troublemakers or as indifferent to the suffering of one side or the other. “Some artists have been deprogrammed and censored for calling for peace, others have lost their jobs, and some artists have been silenced or side-lined by their own cultural organisations and artistic communities,” they said.

Journalists and media outlets in Israel and Western countries reporting critically about Israeli policies and operations in the occupied territories or expressing pro-Palestinian views have been the target of threats, intimidation, discrimination and retaliation, which have increased the risk of self-censorship, undermining the diversity and plurality of news that is essential for press freedom and the right of the public to be informed. At least one media outlet in Israel has been threatened reportedly with closure for perceived “bias” towards Palestine. They also criticised the disproportionate and wrongful removal of pro-Palestinian content by social media platforms.

The experts raised concerns about suspensions and expulsions of students from universities, dismissal of academics, calls for their deportation, threats to dissolve student unions and associations, and restrictions on campus meetings to express solidarity with the suffering civilians in Gaza and denounce the ongoing Israeli military response. Students have also been blacklisted in some universities as supporters of terrorism, with accompanying threats to their prospects for future employment…

The experts noted a highly disturbing trend to criminalise and label pro-Palestinian protests as “hate protests” and to pre-emptively ban them, often citing risks to national security, including risks related to incitement to hatred, without providing evidence-based justification. “Such actions not only violate the right to protest guaranteed by Article 21 of the ICCPR, but are also detrimental to democracy and any peace-building efforts,” they said.

The experts recalled that any restriction on human rights must meet the conditions of legality, necessity and proportionality. “Furthermore, advocacy of national, racial or religious hatred that constitutes incitement to violence, hostility or discrimination is prohibited under international law,” they said, calling on individuals in official positions in particular to desist from hate speech and inflammatory statements…

Alexandra Xanthaki, Special Rapporteur in the field of cultural rights; Farida Shaheed, Special Rapporteur on the right to education; Clément Nyaletsossi Voule, Special Rapporteur on the rights to freedom of peaceful assembly and of association; Irene Khan, Special Rapporteur on the protection and promotion of freedom of opinion and expression.

The attack on freedom of speech and association is across the western world. Little incidents like this arrest of CPGBML activists, or my own investigation for “terrorism”, are all signs of a real slide towards fascism. Fascism is being enabled by zionism.

As you know, I am not myself a communist. But society is losing touch with the idea that freedom of speech is not freedom for those who agree either with the government, or with you.

The activists have been released on police bail.

On the surface of it, the first bail condition is ludicrous to impose on avowed Marxists, but this appears to be another manifestation of the desire to criminalise any attempt to refer to Nazi genocide in association with the Gaza genocide. The restriction on distributing leaflets at protests is straight from the handbook of a totalitarian state.

Which is a much scarier handbook than a political pamphlet.

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Forgive me for pointing out that my ability to provide this coverage is entirely dependent on your kind voluntary subscriptions which keep this blog going. This post is free for anybody to reproduce or republish, including in translation. You are still very welcome to read without subscribing.

Unlike our adversaries including the Integrity Initiative, the 77th Brigade, Bellingcat, the Atlantic Council and hundreds of other warmongering propaganda operations, this blog has no source of state, corporate or institutional finance whatsoever. It runs entirely on voluntary subscriptions from its readers – many of whom do not necessarily agree with the every article, but welcome the alternative voice, insider information and debate.

Subscriptions to keep this blog going are gratefully received.

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No Ceasefire in the Propaganda War 221

I have had BBC News on in the background for the last two hours. In that time there have been three lengthy interviews with different relatives of Israeli hostages held by Hamas. There has not been a single interview with a Palestinian relative of a Palestinian prisoner held by Israel.

Today 13 Israeli prisoners and 39 Palestinian prisoners are due to be released. 90% of the BBC mentions of prisoner releases do not include the Palestinians at all. Just finished is a ten minute interview of a Professor in Kent on the psychological effects on Israeli hostages. Earlier there was an expert from Tel Aviv on the psychological impact on Israeli hostages’ families. There has been no report whatsoever of the impact on Palestinian prisoners and their families.

The BBC simply does not treat the Palestinians as human, whereas the emphasis on Israeli personal victimhood is incessant and unrelenting.

Of the 300 Palestinian women and children prisoners on the list possibly to be released during the ceasefire, 252 have never been charged with any crime. 23 were charged with stone throwing.

Since October 8 over 200 Palestinian children have been taken prisoner, none of whom had anything to do with the October 7 attacks. That rather puts the possible release of 33 children and six women today into perspective. But it is not a perspective the BBC would ever give you.

Over 2,000 Palestinians are held by Israel in “administrative detention”, without charge or trial. Some for over twenty years.

Since 1967 Israel has made over 1 million arrests of Palestinians. This “justice” system is an essential part of the imposition of apartheid and the slow genocide, which did not just start this autumn. The BBC won’t tell you that either, and appears to have no problem with permanently showcasing its Israel based correspondents churning out the Israeli propaganda narrative, with no attempt at either perspective or balance.

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Forgive me for pointing out that my ability to provide this coverage is entirely dependent on your kind voluntary subscriptions which keep this blog going. This post is free for anybody to reproduce or republish, including in translation. You are still very welcome to read without subscribing.

Unlike our adversaries including the Integrity Initiative, the 77th Brigade, Bellingcat, the Atlantic Council and hundreds of other warmongering propaganda operations, this blog has no source of state, corporate or institutional finance whatsoever. It runs entirely on voluntary subscriptions from its readers – many of whom do not necessarily agree with the every article, but welcome the alternative voice, insider information and debate.

Subscriptions to keep this blog going are gratefully received.

Choose subscription amount from dropdown box:

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Alternatively by bank transfer or standing order:

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MURRAY CJ
Account number 3 2 1 5 0 9 6 2
Sort code 6 0 – 4 0 – 0 5
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BIC NWBKGB2L
Bank address Natwest, PO Box 414, 38 Strand, London, WC2H 5JB

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The Supreme Court, Rwanda and Assange 75

The judgment of the Supreme Court on the illegality of deportation of asylum seekers to Rwanda was given massive publicity in connection with the sacking of Suella Braverman, but in fact it is a decision of much wider significance. It also has great relevance to the coming High Court hearing on Julian Assange, both in terms of the arguments, some of which are common to both cases, and the stance of the judges, some of whom are also common to both cases.

Let me start with the point on which the Supreme Court decision turned – whether or not the court should independently determine whether Rwanda is a safe country, or whether the Home Secretary is entitled to make that decision without possibility of judicial interference, provided correct procedures are followed.

The original Divisional Court determination, by Justices Swift and Lewis, was that the Home Secretary’s decision was “irrebuttable”: that the Executive was best placed to make the decision and there was no room for interference by the courts. This view was overturned by a majority of the Appeal Court, although there in a minority judgment Lord Chief Justice of England Burnett supported the original decision on rather incoherent grounds that this wasn’t the question at issue.

The Supreme Court has said, unanimously, that judges have a positive duty to determine whether a country is safe for deportation, rather than simply take the word of ministers for it. This is a very strong piece of judicial activism.

The correct test, derived from Soering, requires the
court to decide for itself whether there are substantial grounds for believing that the
removal of asylum seekers to Rwanda would expose them to a real risk of ill treatment,
as a consequence of refoulement to another country. The assessment is one which must
be made by the court. The majority of the Court of Appeal considered that the
Divisional Court had mistakenly dealt with the issue on the basis that the court’s role
was confined to deciding whether the Secretary of State had been entitled to form the
view that there was no such risk…

After reviewing the evidence, the court judged that Rwanda’s general human rights record, its past treatment of refugees and the state of its asylum system make it an unsafe country for deportation. It does not become a safe country either because Pritti Patel and Suella Braverman say so, or – and this is crucial for the Assange case – because its government makes promises about future behaviour.

This is a crucial passage with obvious relevance to the Assange case which I shall go on to explain:

46. The Secretary of State relies on the assurances provided by the Rwandan
government in the MEDP as meeting any concerns arising from the evidence about the
past and present operation of the Rwandan asylum system. In essence, the Secretary of
State submits that, notwithstanding any problems that there may have been in the past or
that may remain at present, the MEDP sets out arrangements for the future which
provide adequate safeguards against refoulement, and the Rwandan government can be
relied on to fulfil its undertaking to process the claims in accordance with those
arrangements…

As authority for its view that it is for the court to decide on the safety of the deportee, they quote with approval the European Court of Human Rights decision in the Othman case:

“There is an obligation to examine whether assurances
provide, in their practical application, a sufficient guarantee
that the applicant will be protected against the risk of ill-
treatment. The weight to be given to assurances from the
receiving state depends, in each case, on the circumstances
prevailing at the material time.”

This is interesting because the decision in the Othman case forms part of the legal arguments for Julian’s appeal.

There is a massive academic literature, right across the world, on the weight to be given (or not) to diplomatic assurances of good treatment by the receiving government, in extradition or deportation cases. The issue has generated countless PhDs and employed the time of numerous officials of governments, international institutions and NGO’s. This is just from the first page of a Google search on the issue:

Governments like the UK which wish to deport people are keen to argue that deportation to assorted dictatorial hellholes is fine, if the torturing dictatorship sends a Diplomatic Note promising not to torture or persecute (or send to torture and persecution). International institutions and judges tend to argue that facts on the ground are worth more than pieces of paper. In practice, the UK’s system of deportations relies heavily on “diplomatic assurances”.

The UK government gets away with this by carefully not monitoring what happens to the deportee at the other end. In the only Uzbek case in which my intervention ever failed to prevent a deportation, the couple concerned simply vanished on arrival back in Tashkent. The position of the FCDO is that, as they were Uzbek nationals, the British government had no responsibility to monitor what happened to them in their home country, after deportation from the UK.

In the present Rwanda case, the Supreme Court notes that the UK government plans to operate the Rwanda policy through the Migration and Economic Development Partnership (MEDP) which in practice consists of a Memorandum of Understanding and two diplomatic notes from the government of Rwanda entitled “the asylum process of transferred individuals” and “the reception and accommodation of transferred individuals”.

These are simply “Diplomatic assurances” in their classic form, and the Supreme Court treats them as such.

The Home Secretary’s appeal against the Appeal Court judgment explicitly argued that the court should defer to the executive’s judgment of the value of these assurances, which the Supreme Court summarises as the Home Secretary criticising the Appeal Court for:

giving
insufficient weight to HM Government’s assessment of the likelihood of the
government of Rwanda abiding by its assurances

The Supreme Court rejects the notion that diplomatic assurances provided to the executive outweigh an assessment by the court itself of the true situation. The Supreme Court states:

The government’s assessment of whether there is such a risk is an important
element of that evidence, but the court is bound to consider the question in the light of
the evidence as a whole and to reach its own conclusion.

This is a definitive position, and a very strong one, in the debate about the role of diplomatic assurances in deportation proceedings.

The reason this is so vital to the Assange case, is that the court of first instance decided against Assange’s extradition, due to the combination of his health and the appalling maximum security conditions to which he would be subjected in the United States. On Appeal by the government of the USA, Lord Chief Justice Burnett rejected this argument, primarily on the basis of diplomatic assurances as to Assange’s treatment, received in Diplomatic Notes submitted at the appeal stage.

Because they were not submitted to the original hearing but only at Appeal, Assange’s team had no opportunity to question these diplomatic assurances or cross-examine on their value. Lord Chief Justice Burnett rejected this as having any weight, on the grounds that it was for the executive to decide the value of diplomatic assurances.

Note this: Lord Chief Justice Burnett was also the dissenting judge who found for the government at appeal in the Rwanda case, where again he argued that the diplomatic assurances from the Rwanda government should simply be accepted on the executive’s evaluation. That is the classic executive position in the whole diplomatic assurances debate – and the Supreme Court has just unanimously and fizzingly rejected Burnett’s argument.

If it is for the court and not the executive to investigate and determine the value of diplomatic assurances in the Rwanda case, then it must also be for the court to examine and determine the value of diplomatic assurances in the Assange case. At no point in the Assange process has any court undertaken this duty, or the defence been offered any opportunity to challenge the veracity of the diplomatic assurances.

That must now play a crucial role in consideration of the Assange case going forward.

It is Burnett who granted the US appeal against the refusal to extradite Assange. As detailed in past articles, Burnett  is the best friend and former college flatmate of Tory Minister Alan Duncan, who called Julian “a worm” in parliament and who was in direct charge of the operation to remove Julian from the Ecuadorean Embassy.

The other judge whose arguments were resoundingly rejected by the Supreme Court is Jonathan Swift, who found for the Home Secretary at first instance in the Rwanda case. Swift is also the judge who dismissed Assange’s 150-page appeal in three double-spaced pages and attempted to limit any future hearing to half an hour. Again as previously explained here, Swift is a former barrister for the security services, which he said were his favourite clients.

Swift’s judgments in both the Assange and Rwanda cases smack of the alt-right in their contemptuous dismissal of argument and contrary evidence. The Supreme Court, however, is crushing about Swift’s simple assertion in the Divisional Court that the United Nations Commission for Human Rights is not a body whose views should be given particular weight. The Supreme Court tramples all over Swift’s trite approach, in hobnailed boots, for a significant period of time:

The Divisional Court was dismissive of this evidence, and did not attempt to
engage with it. It stated at para 71 that the evidence of UNHCR “carries no special
weight”…

64. …The Divisional Court’s view that the evidence of UNHCR carried no special
weight was a further error. Of course, the weight to be attached to evidence is always a
matter for the court, and will depend on the circumstances. However, a number of
factors combined in the present case to render the evidence of UNHCR of particular
significance.

65. The first relevant factor is the status and role of UNHCR. It is entrusted by the
United Nations General Assembly with supervision of the interpretation and application
of the Refugee Convention: see the Statute of the Office of the United Nations High
Commissioner for Refugees, annexed to UN General Assembly Resolution 428(V), 14
December 1950. Under article 35 of the Refugee Convention, states parties undertake to
co-operate with UNHCR in the exercise of its functions, and to facilitate its duty of
supervising the application of the provisions of the Convention. Reflecting those
circumstances, it is well established that UNHCR’s guidance concerning the
interpretation and application of the Refugee Convention “should be accorded
considerable weight”: Al-Sirri v Secretary of State for the Home Department [2012]
UKSC 54; [2013] 1 AC 745, para 36. In IA (Iran) v Secretary of State for the Home
Department [2014] UKSC 6; [2014] 1 WLR 384, para 44, this court stated that “the
accumulated and unrivalled expertise of this organisation, its experience in working
with governments throughout the world, the development, promotion and enforcement
of procedures of high standard and consistent decision-making in the field of refugee
status determinations must invest its decisions with considerable authority”.

66. The second factor, mentioned in that dictum, is UNHCR’s expertise and
experience. That factor was also emphasised by this court in R (EM (Eritrea)) v
Secretary of State for the Home Department [2014] UKSC 12; [2014] AC 1321, when
considering the approach which should be adopted to evidence provided by UNHCR in
relation to the risks involved in removing asylum seekers to another country. Lord Kerr
of Tonaghmore, with whose judgment the other members of the court agreed, referred
(para 72) to “the unique and unrivalled expertise of UNHCR in the field of asylum and
refugee law”, and expressed agreement with the observations of Sir Stephen Sedley in
the court below [2013] 1 WLR 576, para 41, which he quoted at para 71:
“It seems to us that there was a reason for [the European
Court in MSS v Belgium and Greece] according the UNHCR a
special status in this context. The finding of facts by a court of
law on the scale involved here is necessarily a problematical
exercise, prone to influence by accidental factors such as the
date of a report, or its sources, or the quality of its authorship,
and conducted in a single intensive session. The High
Commissioner for Refugees, by contrast, is today the holder
of an internationally respected office with an expert staff
(numbering 7,190 in 120 different states, according to its
website), able to assemble and monitor information from year
to year and to apply to it standards of knowledge and
judgment which are ordinarily beyond the reach of a court. In
doing this, and in reaching his conclusions, he has the
authority of the General Assembly of the United Nations, by
whom he is appointed and to whom he reports. It is
intelligible in this situation that a supranational court should
pay special regard both to the facts which the High
Commissioner reports and to the value judgments he arrives at
within his remit.”

67. As was mentioned in that passage, considerable weight is given to the evidence
of UNHCR by the European Court. In MSS v Belgium and Greece, for example, the
court attached “critical importance” (para 349) to UNHCR’s concerns about the
treatment of asylum seekers in Greece. In Ilias v Hungary, UNHCR’s reports were
described as “authoritative” (para 141, quoted at para 45 above). For the reasons we
have explained, it is unsurprising that that should be so; and it is a factor which is
relevant to the approach of domestic courts when considering asylum questions under
the ECHR.

68. UNHCR’s evidence will naturally be of greatest weight when it relates to matters
within its particular remit or where it has special expertise in the subject matter. Its
evidence in the present case concerns matters falling within its remit and about which it
has undoubted expertise. As the Lord Chief Justice observed in the present case,
UNHCR “has unrivalled practical experience of the working of the asylum system in
Rwanda through long years of engagement” (para 467). It has been operating
permanently in Rwanda since 1993, and had 332 staff there at the time of its evidence in
these proceedings. Its role in Rwanda includes assisting asylum seekers and refugees,
funding and training non-governmental organisations working with the Rwandan
asylum system, dealing with officials responsible for asylum decision-making, and
engaging with the relevant department of the Rwandan government over the
management of refugee camps. Although UNHCR has no official role in Rwanda’s
asylum system, the Rwandan authorities have, albeit intermittently, sent it copies of
asylum decisions, and UNHCR receives information from asylum-seekers and NGOs,
and through communications with relevant officials. UNHCR is therefore able to collate
data and gain insight into the practical realities of Rwanda’s asylum system. Its
experience was recognised by Home Office officials. They reported that the Rwandan
government depended heavily on UNHCR and other non-governmental organisations
for delivering its asylum and refugee processes, and that UNHCR had undoubted
expertise and experience of managing part of the refugee process, as well as knowledge
of the Rwandan system more generally.

69. As the Lord Chief Justice noted at para 467, UNHCR can be said to have an
institutional interest in the outcome of these proceedings, since it has adopted the
position (set out in its Guidance Note on bilateral and/or multilateral arrangements of
asylum-seekers) that asylum seekers and refugees should ordinarily be processed in the
territory of the state where they arrive or which otherwise has jurisdiction over them.
The fact that UNHCR has adopted that position is a factor to be taken into account when
assessing its evidence. However, its evidence and submissions were presented with
moderation, and did not appear to reflect a partisan assessment. It has also to be borne in
mind that, as a responsible United Nations agency accountable to the General
Assembly, UNHCR will not lightly make statements critical of any state in which it
operates.

70. Drawing these threads together, it is apparent from the factors which we have
mentioned and the authorities which we have cited that particular importance should
have been attached to the evidence of UNHCR in the present case. That is not to say
that its evidence should necessarily be decisive or pre-eminent. In the circumstances of
the present case, however, its evidence on significant matters of fact is essentially
uncontradicted by any cogent evidence to the contrary, as the Court of Appeal explained
(eg at para 136). It should not have been treated as dismissively as it was by the
Divisional Court.

I think it is fair to say that the Supreme Court’s extensive comments on Swift’s one-sentence dismissal of the evidence of the United Nations, is not incompatible with the view that the Supreme Court has twigged Swift for a glib little wanker. I wonder whether they would take the same view over Swift’s equally glib and dismissive approach to Assange’s entire appeal?

A further hot legal point which has relevance for the Assange case relates to the extent to which the UK is bound by international law.

I have attended a number of meetings at the UN in Geneva this last fortnight, including country reviews of the human rights records of a number of nations. These NGO and expert meetings are held under Chatham House rules, so I am not able to tell you precise details. But I saw developing nations specifically criticised for failures of judicial decisions to take into account the obligations in international law of the state to follow treaties they have ratified.

Extraordinarily, the UK openly takes the view that no international law, including treaties it has signed, is ever legally binding on the UK unless it has been explicitly incorporated in UK domestic legislation. The UK does not consider itself bound by treaties it has ratified.

This is absolutely crucial in the Assange case, where the US/UK Extradition Treaty of 2003, under which the extradition is taking place, specifically forbids political extradition. The courts have accepted the argument that this is irrelevant as the treaty has no legal force, this text not having been incorporated in any UK domestic legislation.

The Supreme Court judgment on Rwanda, however, appears to take the UK’s obligations in international law very seriously. The Supreme Court does not appear to be treating the UK’s international treaty obligations as governing the conduct of the UK Government, only insofar as they are incorporated in domestic law. After talking about the prohibition of refoulement under the Refugee Convention, the Supreme Court states:

As we shall explain, refoulement is also prohibited
under a number of other international conventions which the United Kingdom has
ratified. There are also several Acts of Parliament which protect refugees against
refoulement.

It is very difficult to read that in a way that makes the applicability of the international treaties valid only insofar as they have been incorporated in the Acts of Parliament. The second use of the word “also” is here a specific indicator that the international conventions are sufficient; the Acts of Parliament are reinforcement, not necessary condition.

That perhaps is not immediately apparent. Let me show you without the second “also”:

As we shall explain, refoulement is also prohibited
under a number of other international conventions which the United Kingdom has
ratified. There are several Acts of Parliament which protect refugees against
refoulement.

In that formulation it is possible to argue that the Acts of Parliament are necessary to give effect in law to the international conventions, even though that is not stated. But insert the second “also”:

As we shall explain, refoulement is also prohibited
under a number of other international conventions which the United Kingdom has
ratified. There are also several Acts of Parliament which protect refugees against
refoulement.

The “also” makes it impossible to argue that the international conventions have no weight without the Acts of Parliament. Do you see it now?

The Supreme Court then does go on to discuss the several areas of UK domestic law that do establish the principle of non-refoulement, but I thought the initial approach was very interesting. There is an unresolved tension over the status of international law inside the UK, and the Supreme Court rather leaves it floating. Should the Assange case reach the Supreme Court, it does not appear to me impossible they may take a different view on the applicability of the “no political extradition” clause of the Treaty under which the extradition is taking place.

I am of course delighted about the spoke in the wheel of the appalling Rwanda deportation project. Anyone paying attention to social media is bound to have noticed the correlation between support for the Rwanda proposal and support for Israel’s genocidal actions. I suppose it is all a part of a general racism and Islamophobia.

One further question left hanging by the Supreme Court is the “Flat Earth” question. This is likely to arise fairly soon, if the Tories carry through their promise to specifically legislate for the legality of deportation of asylum seekers to Rwanda.

The question is this.

The Supreme Court has ruled it did not have to accept the Patel/Braverman assessment of the safety of Rwanda, but had the duty to make its own determination. But if parliament were to pass a law stating that Rwanda is safe, rather than that the Secretary of State can designate it safe, would the court still have the right to exercise its own judgment in face of what would be a strange but extant statute ?

If Parliament passed a law stating that the Earth is flat, would that mean that in UK law the Earth is flat, or could judges make their own assessment? How do you square the answer to that question with the ruling doctrine of the sovereignty of the King in Parliament?

We may be going to find out, if the Tories are determined to push ahead with legislation on the safety of Rwanda, as they propose. We find ourselves asking ludicrous questions with a straight face, but that is where crazed Tory rule has taken us.

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Palestine Can Reunite and Reinvigorate Scottish Independence 183

The UK government is actively complicit in genocide in Gaza – indeed with its supply of weapons to Israel, provision of communications intelligence and aerial surveillance and participation of UK special services, I would argue it is more than complicit. The UK government is a part of committing genocide in Gaza. This is vile to many people in the UK, but it is especially anathema to a large majority of people in Scotland.

This YouGov survey of November 2 shows that a strong majority of people in Scotland say that their sympathies lie on the Palestinian side, whereas both in England and in Wales majority support is on the Israeli side by a small margin.

Furthermore this survey attempts to measure strength of feeling, and Scottish support for Palestine is the most strongly held opinion in any constituent part of the UK and on any side of the question, by a wide margin, with 43% of Palestinian sympathising Scots holding that view “a great deal”.

Earlier YouGov surveys gave the same result, with Scotland being the only UK nation with majority Palestinian support. This one is for 24 October.

Across the UK as whole, there is a massive difference in age group, with support for Palestine very high among young people, who sympathise with Palestine by 46% to just 9% for Israel. Support for Israel is highest amongst over 65s, by 30% to 10%. I suspect it is related both to closeness of birth to the Second World War, and to propensity to use mainstream media for news.

I would stress that none of this is new: polls have always shown much higher support for Palestine in Scotland than in England. The same is also true of Ireland, and I have no doubt that in both Scotland and Ireland this instinctive support for the Palestinians is in part related to folk memory of dispossession from the land and colonial occupation.

14/10/2023. Pic sof a pro-Palestine / anti-Israel demonstration at the steps on Buchanan Street, Glasgow.

It is important to remember that the extraordinary rise of the SNP and support for Scottish Independence in the first decades of this century was, in part, fuelled by revulsion at the heavy UK involvement at the attacks on Iraq, Afghanistan, Libya and Syria. Those imperialist wars resulted in millions of dead and maimed and tens of millions of displaced, and the complete destruction of infrastructure in those countries.

The urge to be free from a state that continually engaged in aggressive war motivated a great many Scots to support Independence. It can do so again now over UK support for Gaza. Blair’s rampant neo-imperialism also did much to break Scotland’s support for the Labour Party. We might now realistically hope for a similar reaction to Starmer’s Zionism.

That revulsion is now felt again. Every citizen of the UK is tainted by the support of the British state for genocide. We all bear a drop of responsibility for each drop of child’s blood spilt in Gaza. Because like it or not, the UK government represents us. The military support it gives to Israel is paid for with our taxes. None of us did enough to prevent being ruled by callous enablers of murder. There are degrees of complicity, but everybody is tainted.

All three major England-based parties – the Conservatives, Labour and Liberal Democrats – openly support Israel and oppose efforts to halt the genocide.

I hear a number of the wonderful people who marched through London for peace last weekend, and in many other English cities, groaning at me. Of course there is a strong movement for Palestine in England, and a great many of my friends are in it. But here in Scotland we are operating in a fundamentally different political culture, that values community and horizontal solidarity.

We Scots deserve the right to allow that culture to flourish away from the imposition of an alien political culture by a much larger neighbouring nation.

Suella Braverman’s far-right bully boys were only the tip of the iceberg of racism which has been enabled in Europe by the support of conservative political elites for the genocidal attack on Gaza. The morass of online Islamophobic and anti-immigrant abuse which accompanies the pro-Israeli rhetoric is frightening. This “war of civilisations” undercurrent is there right across Europe. Where there have been pro-Israeli demonstrations, they have been remarkably white.

Here in Scotland I have been impressed by Humza Yousaf, the Scottish First Minister, for his calm and serious reaction to the Gaza genocide and his unequivocal call for a ceasefire. Yousaf has subsequently been treated to an insane barrage of racist and Islamophobic abuse online. This should be a rallying point for all decent Scottish people to defend their First Minister from racism, whatever smaller disagreements they may have.

This points the way to a reinvigoration of the Independence movement. I can find no statistics on it, but it is evident from social media that there is a very strong correlation between unionism and support for Israel, and between Independence support and support for Palestine.

For Independence to be achieved in the short term, Independence supporters need to rally round a cause, and Palestine is it. There is clear blue water between Scottish and English opinion, and there is clear blue water between Scottish and London political parties. There is also clear blue water within Scotland between nationalist and unionist opinion.

The Palestinian cause is popular in Scotland and in fighting it, we also fight racism. This is the moment to focus on working together on Palestine and putting any divisive issues less acute than genocide (and all issues are less acute than genocide) firmly on the back burner, or perhaps in the fridge.

SNP and Alba party MPs walked together through the Westminster lobby to support a ceasefire in Gaza, while the leadership of Tory, Labour and Liberal parties all voted for more killing. Let us build on that.

Nothing is more fundamental than genocide, nothing is more urgent to prevent than genocide. Let us work together to prevent it.

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Activating the Genocide Convention 335

There are 149 states party to the Genocide Convention. Every one of them has the right to call out the genocide in progress in Gaza and report it to the United Nations. In the event that another state party disputes the claim of genocide – and Israel, the United States and the United Kingdom are all states party – then the International Court of Justice is required to adjudicate on “the responsibility of a State for genocide”.

These are the relevant articles of the genocide convention:

Article VIII
Any Contracting Party may call upon the competent organs of the United Nations to take such action under the Charter of the United Nations as they consider appropriate for the prevention and suppression of acts of genocide or any of the other acts enumerated in article III.
 
Article IX
Disputes between the Contracting Parties relating to the interpretation, application or fulfilment of the present Convention, including those relating to the responsibility of a State for genocide or for any of the other acts enumerated in article III, shall be submitted to the International Court of Justice at the request of any of the parties to the dispute.

Note that here “parties to the dispute” means the states disputing the facts of genocide, not the parties to the genocide/conflict. Any single state party is able to invoke the Convention.

There is no doubt that Israel’s actions amount to genocide. Numerous international law experts have said so and genocidal intent has been directly expressed by numerous Israeli ministers, generals and public officials.

This is the definition of genocide in international law, from the Genocide Convention:

Article II
In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group

I can see no room to doubt whatsoever that Israel’s current campaign of bombing of civilians and of the deprivation of food, water and other necessities of life to Palestinians amounts to genocide under articles II a), b) and c).

It is also worth considering Articles III and IV:

Article III
The following acts shall be punishable:
(a) Genocide;
(b) Conspiracy to commit genocide;
(c) Direct and public incitement to commit genocide;
(d) Attempt to commit genocide;
(e) Complicity in genocide.
 
Article IV
Persons committing genocide or any of the other acts enumerated in article III shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals.

There is, at the very least, a strong prima facie case that the actions of the United States and United Kingdom and others, in openly providing direct military support to be used in genocide, are complicity in genocide. The point of Article IV is that individuals are responsible, not just states. So Netanyahu, Biden and Sunak bear individual responsibility. So, indeed, do all those who have been calling for the destruction of the Palestinians.

It is very definitely worth activating the Genocide Convention. A judgement of the International Court of Justice that Israel is guilty of genocide would have an extraordinary diplomatic effect and would cause domestic difficulties in the UK and even in the US in continuing to subsidise and arm Israel. The International Court of Justice is the most respected of international institutions; while the United States has repudiated its compulsory jurisdiction, the United Kingdom has not and the EU positively accepts it.

If the International Court of Justice makes a determination of genocide, then the International Criminal Court does not have to determine that genocide has happened. This is important because unlike the august and independent ICJ, the ICC is very much a western government puppet institution which will wiggle out of action if it can. But a determination of the ICJ of genocide and of complicity in genocide would reduce the ICC’s task to determining which individuals bear the responsibility. That is a prospect which can indeed alter the calculations of politicians.

It is also the fact that a reference for genocide would force the western media to address the issue and use the term, rather than just pump out propaganda about Hamas fighting bases in hospitals. Furthermore a judgement from the ICJ would automatically trigger a reference to the United Nations General Assembly – crucially not to the western-vetoed Security Council.

All this begs the question of why no state has yet invoked the Genocide Convention. This is especially remarkable as Palestine is one of the 149 states party to the Genocide Convention, and for this purpose would have standing before both the UN and the ICJ.

I am afraid the question of why Palestine has not invoked the Genocide Convention takes us somewhere very dark. Anyone who, like George Galloway and myself, cut their political teeth in left-wing politics of Dundee of the 1970s has (long story) their experience and contacts with Fatah, and my sympathies have always very much lain with Fatah rather than Hamas. They still do, with the aspiration for a democratic, secular Palestine. It is Fatah who occupy the Palestinian seat at the United Nations, and the decision for Palestine to call into play the Genocide Convention lies with Mahmoud Abbas.

It is more and more difficult daily to support Abbas. He seems extraordinarily passive, and the suspicion that he is more concerned with refighting the Palestinian civil war than with resisting the genocide is impossible to shake. By invoking the Genocide Convention he could put himself and Fatah back at the centre of the narrative. But he does nothing. I do not want to believe that corruption and a Blinken promise of inheriting Gaza are Mahmoud’s motivators. But at the moment, I cannot grab on to any other explanation to believe in.

Any one of the 139 states party could invoke the Genocide Convention against Israel and its co-conspirators. Those states include Iran, Russia, Libya, Malaysia, Bolivia, Venezuela, Brazil, Afghanistan, Cuba, Ireland, Iceland, Jordan, South Africa, Turkey and Qatar. But not one of these states has called out the genocide. Why?

It is not because the Genocide Convention is a dead letter. It is not. It was invoked against Serbia by Bosnia and Herzegovina and the ICJ ruled against Serbia with regard to the massacre at Srebrenica. This fed directly through to ICC prosecutions.

Some states may simply not have thought of it. For Arab states in particular, the fact that Palestine itself has not invoked the Genocide Convention may provide an excuse. EU states can hide behind bloc unanimity.

But I am afraid that the truth is that no state cares sufficiently about the thousands of Palestinian children already killed and thousands more who will shortly be killed, to introduce another factor of hostility in their relationship with the United States. Just as at this weekend’s summit in Saudi Arabia, where Islamic countries could not agree an oil and gas boycott of Israel, the truth is that those in power really do not care about a genocide in Gaza. They care about their own interests.

It just needs one state to invoke the Genocide Convention and change the narrative and the international dynamic. That will only happen through the power of the people in pressing the idea on their governments. This is where everybody can do a little something to add to the pressure. Please do what you can.

Hat tip to the indefatigable Sam Husseini who has been pressing the Genocide Convention on the White House.

————————————————

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Fighting Back Against the State 102

It may seem hopeless, but we have to continue to hold back the tide of fascism with all our might. This letter is self-explanatory, and I think its staid legal argument brings out the absurdity of deeming me a terrorist danger to the UK.

I honestly believe that I am fighting not for myself – my life is turned upside down – but for important principles. For freedom of speech and the right of the public to information, as exemplified in the case of Julian Assange. For universal human rights, as exemplified by the struggle of the Palestinians. For the right of citizen journalists to write without persecution, as exemplified by my own case and others. I am afraid this all costs money. I am grateful for the unfailing generosity of people in what is a continuing struggle.

But I do very much need contributions to the defence fund:




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The Curious Hacking of @craigmurrayorg 108

This post may generate a tweet on @matthuag (which the hacked @craigmurrayorg has been renamed) because the autoposting programme interacts differently with Twitter (called a Twitter API).

When my account was hacked yesterday the hacker changed the password, email address, telephone number and username. They quickly tweeted out a post in praise of Hitler in my original username before changing it, which indicates that the primary motivation was defamation. They then subsequently changed the user id to @MattHuag, apparently to create an account stealing the identity of @MattHuang, which seems like a ruse to disguise the motivation.

But here is the rub. Twitter does not let you change the password, email address, phone number and username of an account all at once, for obvious reasons. The email I received from Twitter that alerted me to the hack makes plain that once you change the password, your ability to make some other changes is suspended.

Three people have now tried to replicate making all these changes on a Twitter account and nobody has succeeded (see for example comments below). So it appears that whoever did this hack was within Twitter or has a backdoor into Twitter to overcome these safeguards. That obviously points towards a security service rather than a random hacker. My twitter following had grown to over 136,000 and some individual tweets on Gaza were gaining 10,000 likes.

It is of course the case that all my electronics were confiscated by the state less than a month ago, and while they cloned and returned my laptop, they still have my phone. I was always confident there is nothing criminal on them, so I wonder whether this is just an attempt to bolster some kind of case with an outrageous tweet.

Subject to an “anti-terrorism investigation”, I do not view it as safe currently to return to the UK. Whether the investigation relates to my support for Wikileaks or to my support for Palestine, or to both, I do not know, as the police have not said why I am being investigated.

I honestly believe I am not fighting for me, but against encroaching fascism in Western societies. It is for freedom from an ever-encroaching police state and from a political class trying to enforce a monopoly of information to the public. The fight can only happen at all with financial support from the amazing readers of this blog. You have seen me through so much, and I am very grateful.




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The Right of Self-Defence 244

Israel does have the right of self-defence, but only in precisely the same way other countries do. In fact, the only unique factor about Israel here is that it is the only country to have been found by the International Court of Justice specifically to have abused and exceeded the concept of right of self-defence, in its treatment of the Palestinians.

In 2004 the International Court of Justice, in an advisory Opinion to the UN General Assembly, ruled illegal Israel’s construction of its great Wall, which is a fundamental part of the Israeli Apartheid system. The court considered Israel’s argument of self-defence and ruled that this did not justify the numerous breaches of international law represented by the Wall:

While Israel has the right, and indeed the duty to respond to the numerous and
deadly acts of violence directed against its civilian population, in order to protect the life of its
citizens, the measures taken are bound to remain in conformity with applicable international law.
Israel cannot rely on a right of self-defence or on a state of necessity in order to preclude the
wrongfulness of the construction of the wall. The Court accordingly finds that the construction of
the wall, and its associated régime, are contrary to international law.

It flows from this that Israel cannot use “self-defence” as a trump card to tear up international law in the current situation in Palestine. The use of collective punishment against a civilian population—including via starvation, thirst and deprivation of medicine, the carpet bombing, the use of white phosphorus, the attacks on medical facilities, the attacks on medical staff, the execution of prisoners, the clearly genocidal attempt—none of these war crimes is excusable as “self-defence”.

The military cooperation of the US, UK and Australian governments—in an attack which they know is engaged in committing egregious war crimes—also opens those responsible to war crimes charges for their active complicity and indeed conspiracy.

Furthermore, there is in fact a positive legal duty on states to be acting against Israel in view of Israel’s refusal to dismantle the Wall and the Apartheid system in the occupied territories—including the widespread criminal settling and stealing of land which that system embodies. This is the International Court of Justice judgment on the obligations of other states:

Given the character and the importance of the rights and obligations involved, the Court is of the view that all States are under an obligation not to recognize the illegal situation resulting from the construction of the wall in the Occupied Palestinian Territory, including in and around East Jerusalem. They are also under an obligation not to render aid or assistance in maintaining the situation created by such construction. It is also for all States, while respecting the United Nations Charter and international law, to see to it that any impediment, resulting from the construction of the wall, to the exercise by the Palestinian people of its right to self-determination is brought to an end. In addition, all the States parties to the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949 are under an obligation, while respecting the United Nations Charter and international law, to ensure compliance by Israel with international humanitarian law as embodied in that Convention.

Read that paragraph very carefully. Israel has not undertaken any of the actions specified by the ICJ and has indeed built more settlements and imposed more restrictions. It is absolutely plain that the UK, US and European Union are not only not fulfilling their duty in international law as set out by the International Court of Justice,—

The US, UK and EU are acting directly opposite to their obligation in international law under the ICJ ruling.

The BDS movement is acting precisely in line with the obligations set out by the International Court of Justice, while the states attempting to ban the BDS movement are acting precisely against the obligations imposed on them by the International Court of Justice.

Finally, the ruling must imply the Palestinians do indeed have the right of self-defence. Because you cannot have the “right of self-determination”, which the court acknowledges, without the right of self-defence. Because it is impossible to exercise self-determination if somebody else can remove your bodily integrity at whim. That right of self-defence must perforce be exercised by whoever has de facto control of Palestinian territory at the time.

I am indebted to a number of staff and national delegates at the United Nations in Geneva for pointing out to me the importance of the 2004 ICJ ruling in the current context. I hope it helps you understand why the lies of Biden, von der Leyen, Sunak, Starmer, Macron etc. are indeed lies.

Subject to an “anti-terrorism investigation”, I do not view it as safe currently to return to the UK. Whether the investigation relates to my support for Wikileaks or to my support for Palestine, or to both, I do not know, as the police have not said why I am being investigated.

I honestly believe I am not fighting for me, but against encroaching fascism in Western societies. It is for freedom from an ever-encroaching police state and from a political class trying to enforce a monopoly of information to the public. The fight can only happen at all with financial support from the amazing readers of this blog. You have seen me through so much, and I am very grateful.




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“A Textbook Case of Genocide”. 421

The resignation letter of Craig Mokhiber, Director of the New York Office of the UN High Commissioner for Human Rights, has gone viral on social media but most posts only show page one. Here is the full four page letter.

This needs no gloss from me. Craig is one of the world’s leading international lawyers.

I am writing this in Geneva where I am tomorrow meeting UN officials to pursue my own case: both my unprecedented in modern times jailing for contempt of court, and the current surreal persecution under the terrorism act. I shall also be raising the case of other journalists subjected to persecution under the terrorism act, including Kit Klarenberg, Vanessa Beeley and Johanna Ross.

This account from John Laughland is interesting in how precisely it accords with my own experience, particularly in being held for exactly an hour with no right to remain silent and no right to a lawyer.

By one of those astonishing coincidences in life, tomorrow is the United Nations International Day to End Impunity for Crimes Against Journalists.

I am not making it up, that really is a thing.

And the major theme of the keynote meeting is

“to bring visibility to a new Study on the impact of counter-terrorism and other criminal laws on media freedom and safety of journalists. Panellists will explore legal challenges faced by journalists and the increasing practice of resorting to restrictive legal frameworks to unduly interfere with the work of journalists.”

So I could hardly have walked in at a more auspicious moment.

Subject to an “anti-terrorism investigation”, I do not view it as safe currently to return to the UK. Whether the investigation relates to my support for Wikileaks or to my support for Palestine, or to both, I do not know as the police have not said why I am being investigated.

I honestly believe I am not fighting for me, but against encroaching fascism in western societies. It is for freedom from an ever encroaching police state and from a political class trying to enforce a monopoly of information to the public. The fight can only happen at all with financial support from the amazing readers of this blog. You have seen me through so much, and I am very grateful.




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