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Senate
{152 Congressional Record S251-S252 (January 27 2006)}:
Senate Concurrent Resolution 78 —Condemning the Government of Iran for Violating Its International Nuclear Nonproliferation Obligations and Expressing Support for Efforts to Report Iran to the United Nations Security Counsel
Mr. Frist (for himself, Mr. Reid, Mr. Allard, Mr. Allen, Mr. Biden, Mr. Brownback, Mr. Burr, Mrs. Clinton, Mr. Coleman, Mr. Crapo, Mr. Ensign, Mrs. Feinstein, Mr. Graham, Mr. Hagel, Mr. Kyl, Mr. Lieberman, Mr. Lugar, Ms. Mikulski, Mr. Nelson of Florida, Mr. Santorum, Mr. Schumer, Mr. Talent, Mr. Warner, Mr. McCain, Mr. Voinovich, Mr. Dodd, Ms. Cantwell, Mrs. Boxer, Mr. Feingold, Mr. Kerry, and Mr. Menendez) {additional sponsors: Mr. Isakson, Ms. Collins} submitted the following concurrent resolution; which was considered and agreed to:
Whereas Iran is a non-nuclear-weapon State Party to the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968 (commonly referred to as the “Nuclear Non-Proliferation Treaty”) {25kb.pdf}, under which Iran is obligated, pursuant to Article II of the Treaty,
“not to receive the transfer from any transferor whatsoever of nuclear weapons or other nuclear explosive devices or of control over such weapons or explosive devices directly, or indirectly; not to manufacture or otherwise acquire nuclear weapons or other nuclear explosive devices; and not to seek or receive any assistance in the manufacture of nuclear weapons or other nuclear explosive devices”;
Whereas Iran signed the Agreement Between Iran and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons, done at Vienna June 19, 1973 (commonly referred to as the “Safeguards Agreement”) {81kb.pdf}, which requires Iran to report the importation and use of nuclear material, to declare nuclear facilities, and to accept safeguards on nuclear materials and activities to ensure that such materials and activities are not diverted to any military purpose and are used for peaceful purposes and activities;
Whereas Iran signed the Protocol Additional to the Agreement Between Iran and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons at Vienna on December 18, 2003 (commonly referred to as the “Additional Protocol”) {117kb.pdf};
Whereas the International Atomic Energy Agency (IAEA) reported in November 2003 {324kb.pdf} that Iran had been developing an undeclared nuclear enrichment program for 18 years and had covertly imported nuclear material and equipment, carried out over 110 unreported experiments to produce uranium metal, separated plutonium, and concealed many other aspects of its nuclear facilities and activities;
Ron Paul {4:43}: But is it not true that the Iranians have a right to nuclear power?
And is it not true that they have not been found in any violations?
And is it not true that there is no absolute concrete evidence that they are developing a nuclear bomb? ...
Robert Joseph: In terms of the question of a right, we have avoided the whole debate over theoretical rights — because I can tell you, that Iran does not have the right, to enriched uranium, if it’s for the purpose of a nuclear weapon. ...
In terms of Iran, and its violations, it is in violation of its NPT and IAEA safeguards commitments. That was clearly found to be the case, in September, by the IAEA Board of Governors {IAEA Doc. GOV/2005/77, September 24 2005, 44kb.pdf, ¶ (h): “pursuing a policy of concealment up to October 2003”}. ...
In terms of no evidence of a bomb, I think that Dr. ElBaradei’s most recent report makes very clear that, after three years of extensive, intensive investigations in Iran by the IAEA inspectors, he is still unable to state, that there has not been a diversion.
Robert Joseph (Under Secretary for Arms Control and International Security (T), U.S. State Department), testimony, United States Policy Toward Iran–Next Steps (U.S. Congress 109-2, House International Relations Committee, Hearing, March 8 2006). C-Span video {4:01:09, at 1:51:01 (Q/A), 1:54:48 (quote)}.
Query: “Iran ... is in violation”?
Hans Blix {0:11}: The IAEA Board of Governors has not asserted, that Iran is violating the Nonproliferation Treaty.
Hans Blix (Chairman, Weapons of Mass Destruction Commission, Stockholm; IAEA Director General, 1981-1997), replying to Richard Roth (CNN, Diplomatic License) (United Nations, Press Conference, June 1 2006) {U.N. webcast, press conferences, video, 36:59, at 23:34 (Q/A), 24:34 (quote)}.
46. A detailed overall assessment of Iran’s nuclear programme and the Agency’s efforts to verify Iran’s declarations with respect to that programme was provided by the Director General in November 2004 [GOV/2004/83, ¶¶ 106-114] {239kb.pdf} and again in September 2005 [GOV/2005/67, ¶¶ 42-52] {94kb.pdf}.
As indicated in those reports, Iran has made substantial efforts over the past two decades to master an independent nuclear fuel cycle, and, to that end, has conducted experiments to acquire the know-how for almost every aspect of the fuel cycle.
Many aspects of Iran’s nuclear fuel cycle activities and experiments, particularly in the areas of uranium enrichment, uranium conversion and plutonium research, had not been declared to the Agency in accordance with Iran’s obligations under its Safeguards Agreement.
Iran’s policy of concealment continued until October 2003, and resulted in many breaches of its obligation to comply with that Agreement, as summarized in the Director General’s report of September 2005 [GOV/2005/67, ¶¶ 4-8] {94kb.pdf}.
47. Since October 2003, Iran has taken corrective actions with respect to those breaches.
IAEA Doc. GOV/2006/15, February 27 2006, ¶¶ 46-47, pages 9-10 (cited next).
Query: “Diversion”?
53. As indicated to the Board in November 2004, and again in September 2005, all the declared nuclear material in Iran has been accounted for. Although the Agency has not seen any diversion of nuclear material to nuclear weapons or other nuclear explosive devices, the Agency is not at this point in time in a position to conclude that there are no undeclared nuclear materials or activities in Iran. The process of drawing such a conclusion, under normal circumstances, is a time consuming process even with an Additional Protocol in force.
Mohamed ElBaradei (IAEA Director General), Report to the IAEA Board of Governors, Implementation of the NPT Safeguards Agreement in the Islamic Republic of Iran, ¶ 53, page 11 (IAEA Doc. GOV/2006/15, February 27 2006, derestricted March 8 2006) {80kb.pdf}.
112. All the declared nuclear material in Iran has been accounted for, and therefore such material is not diverted to prohibited activities. The Agency is, however, not yet in a position to conclude that there are no undeclared nuclear materials or activities in Iran. The process of drawing such a conclusion, after an Additional Protocol is in force, is normally a time consuming process.
Mohamed ElBaradei (IAEA Director General), Report to the IAEA Board of Governors, Implementation of the NPT Safeguards Agreement in the Islamic Republic of Iran, ¶ 112, page 10 (IAEA Doc. GOV/2004/83, November 15 2004, derestricted November 29 2004) {239kb.pdf}.
52. ... To date, there is no evidence that the previously undeclared nuclear material and activities referred to above were related to a nuclear weapons programme.
Mohamed ElBaradei (IAEA Director General), Report to the IAEA Board of Governors, Implementation of the NPT Safeguards Agreement in the Islamic Republic of Iran, ¶ 52, page 10 (IAEA Doc. GOV/2003/75, November 10 2003) {324kb.pdf}.
Query: “Over 110 unreported experiments”?
{To come.}
Query: “Plutonium”?
Plutonium Separation
• In 1990 and in the course of a bench scale experiment designed to separate molybdenum, iodine and xenon from fission products for medical purposes, insignificant quantities of plutonium (200 micrograms) were also extracted;
• The results of some of the research experiments were published in scientific journals;
• In 1992, following the relocation of the laboratory, the project was confined to separation of the three items and no further plutonium was separated;
• The equipment and irradiated material have been shown to Agency inspectors.
Statement (omitted by the IAEA from its website) by the Iranian representative at an IAEA Board of Governors meeting, November 2003 (part of a paper distributed after the statement, entitled “Why Iran’s Nuclear Program is Exclusively Peaceful”), reprinted in Iranian Nuclear Policy & Activities: Complementary Information to the Report of the Director General (GOV/2005/67), pages 73-86, at 84-85 (September 12 2005) (Permanent Mission of the Islamic Republic of Iran to the United Nations and other International Organizations in Vienna, IAEA Doc. INFCIRC/657, 15 September 2005) {495kb.pdf}.
76. On the basis of a subsequent recalculation carried out by it using corrected irradiation data and a corrected equation, Iran acknowledged in May 2004 that its theoretical estimations of the quantities of plutonium produced had been understated (micrograms rather than milligrams) and accepted the Agency’s estimate of about 100 mg as having been correct.
Mohamed ElBaradei (IAEA Director General), Report to the IAEA Board of Governors, Implementation of the NPT Safeguards Agreement in the Islamic Republic of Iran, ¶ 76, page 17 (IAEA Doc. GOV/2004/83, November 15 2004, derestricted November 29 2004) {239kb.pdf}.
____________________
Query: “100 milligrams”?
That’s a tenth of a gram.
Let’s see—
That’s one-fifth the weight of a Monarch butterfly.
That would be about—
One butterfly wing?
Question: How much does a Monarch usually weigh, and how do you weigh one?
Answer: They weigh about half a gram. To give you some perspective, a dime weighs about 2 grams, so it would take 4 monarchs to equal the weight of a dime. We put them in a special kind of envelope and put the envelope on a very sensitive scale, then subtract the weight of the envelope to give us the weight of the monarch.
Karen Oberhauser (Director, Monarchs in the Classroom Program; Adjunct Professor, University of Minnesota, Department of Ecology; President, Monarch Butterfly Sanctuary Foundation), “Answers From the Monarch Butterfly Expert.”
The theoretical critical mass of plutonium is 10.5 kilograms. But that won’t explode, so you need about 13 kilograms to make the world’s smallest nuclear weapon (if you know how to do it).
Let’s see now—
13 kilograms—
That’s 13 million milligrams.
But they only made 100 milligrams.
So, they need to repeat their tedious experiment, 130 thousand times, to get enough plutonium, to make a bomb.
That’s if they could figure out, how to collect-up, every last one, of those microscopic specks, from the trash, left over from their experiment, which they buried in the ground, more than a decade ago, and dug-up recently, to show the IAEA inspectors.
Microscopic specks, each one a toxic chemical poison and a death-dealing, DNA-mutating, alpha-beta-gamma, radiation hazard.
And that was only one experiment.
129,999 to go.
And, if they spend about 10 years, and a fortune, to figure-out how to make such a small bomb (because you need some added ingredients).
Then, they would have one tiny bomb, about equal to less than 1 B-52 plane-load of ordinary iron bombs (W-54: 0.18 kilotons, about 20 2000-pound bombs), or maybe 3 plane-loads (W-48: 70 m.tons, about 75 2000-pound bombs).
Wow.
But, they wouldn’t know if it worked, or not.
So, first, they would have to test it.
By blowing it up.
Then, they wouldn’t have their bomb anymore.
They’d have to start all over again.
Another 130,000 experiments.
All those invisible specks, to gather up.
Each time.
Depressing.
I wonder how much electricity they could generate.
With all that money, and effort.
Nuclear weapons take care of the strategic ego, they don’t solve our economic problems. Forty percent of South Asia still lives below the poverty line.
Maqsud Hassan Nuri (senior research fellow at Islamabad Policy Research Institute), quoted by Pepe Escobar, “In the heart of Pipelineistan” (Asia Times, March 17 2006) (the IPI: Iran-Pakistan-India pipeline).
–CJHjr
Whereas the Government of Iran informed the Director General of the IAEA on November 10, 2003, of its decision to suspend enrichment-related and reprocessing activities, and stated that the suspension would cover all activities at the Natanz enrichment facility, the production of all feed material for enrichment, and the importation of any enrichment-related items;
Whereas, in a Note Verbale dated December 29, 2003, the Government of Iran specified the scope of suspension of its enrichment and reprocessing activities, which the IAEA was invited to verify, including the suspension of the operation or testing or any centrifuges, either with or without nuclear material, at the Pilot Fuel Enrichment Plant at Natanz, the suspension of further introduction of nuclear material into any centrifuges, the suspension of the installation of new centrifuges at the Pilot Fuel Enrichment Plant and the installation of centrifuges at the Fuel Enrichment Plant at Natanz, and, to the extent {152 Cong. Rec. S252} practicable, the withdrawal of nuclear material from any centrifuge enrichment facility;
Whereas, on February 24, 2004, the Government of Iran informed the IAEA {207kb.pdf} of its decision to expand the scope and clarify the nature of its decision to suspend to the furthest extent possible the assembly and testing of centrifuges and the domestic manufacture of centrifuge components, including those related to existing contracts, informed the IAEA that any components that are manufactured under existing contracts that cannot be suspended will be stored and placed under IAEA seal, invited the IAEA to verify these measures, and confirmed that the suspension of enrichment activities applied to all facilities in Iran;
Whereas, in November 2004, the Governments of the United Kingdom, France, and Germany entered into an agreement with Iran on Iran’s nuclear program (commonly referred to as the “Paris Agreement”) {80kb.pdf}, securing a formal commitment from the Government of Iran to voluntarily suspend uranium enrichment operations in exchange for discussions on economic, technological, political, and security issues;
Whereas the Department of State has reported for a decade on Iran’s state sponsorship of terrorism and has declared in its most recent Country Reports on Terrorism that Iran
“remained the most active state sponsor of terrorism in 2004”;
Query: “State sponsor of terrorism”?
This designation began life as a lie:
Iran has continuously been designated a state sponsor of terrorism by the U.S. Department of State since January 19, 1984 ... pursuant to section 6(j) of the Export Administration Act of 1979, 50 U.S.C. app. § 2405(j).
This designation arose in part as a result of the October 23, 1983 attack.
Royce C. Lamberth (U.S. District Court Judge), Memorandum Opinion (merits), May 30 2003 {138kb.pdf}, pages 21, 7 n.7, Peterson v. Islamic Republic of Iran (D.D.C., 01-CV-2094, filed Oct. 3 2001, default judgment Dec. 18 2002, merits judgment May 30 2003).
October 23 1983 was the bombing of the U.S. Marine Corps barracks in Beirut, killing 241 U.S. soldiers, and — 8 minutes later, and 4 miles away — the French barracks, killing 56 French soldiers.
President Ronald Reagan labeled these two attacks, “acts of terrorism,” and the bombers, “international criminals and thugs”:
The President: ... Yesterday’s acts of terrorism in Beirut which killed so many young American and French servicemen were a horrifying reminder of the type of enemy that we face in many critical areas of the world today — vicious, cowardly, and ruthless. ...
With our allies — England, France, and Italy — we’re part of a multinational peacekeeping force seeking a withdrawal of all foreign forces from Lebanon ...
We must not allow international criminals and thugs such as these to undermine the peace in Lebanon ...
Bill Applegate (WLS, Chicago): ... What specifically is the military mission of the marines?
The President: Well, you have to go back a little bit in memory on the situation there in the Middle East.
We know, of course, our country, since 1948, has been pledged to the continued existence and the security of Israel. ...
[F]or a number of years now, Lebanon has been torn with strife. They’ve had factions ... war lords set up with their own military forces ... Israel had been forced across its own border, was shelling Beirut ... PLO militias inside Beirut were shelling back ... Syria ... had crossed from the other border ...
And this was why the multinational force went in — to provide that stability so that when the Lebanese forces moved out, as the other forces, the Israelis and the Syrians left, there could be a maintenance of order behind them. ...
Rollin Post (KRON, San Francisco): ... Would you address the other argument that ... if you’re going to do a job, go into Lebanon and do it with some real force ...
The President: But you see what that entails — and that is the difficult thing — we would then be engaged in the combat. We would be the combat force. We would be fighting against Arab States, and that is not the road to peace. ... But to join into the combat and become a part of the combative force, actually all we would really be doing would be increasing the number of targets and risking, really, the start of overall conflict and world war.
Ronald W. Reagan (U.S. President, Jan. 20 1981-1989 Jan. 20), “Remarks and a Question-and-Answer Session With Regional Editors and Broadcasters on the Situation in Lebanon” {copy} (October 24 1983), 1983 PPPUS 1500-1505 at 1501, 1502-1503 (book 2) {Public Papers of the Presidents of the United States: Ronald Reagan, 1983 (book 2), SuDoc: GS 4.113:983/BK.2, ISSN: 0079-7626, LCCN: 58061050, OCLC: 9054188, 1198154, GPOcat, LL: paper, DL, WorldCat}.
This lie was part of the cover-up of another lie:
Six weeks before the Marine Corps barracks bombing, Ronald Reagan, in secret, on September 11 1983, ordered the U.S. military to depart from its published peacekeeping role, and to initiate combat, as a belligerent, in that war.
Ronald Reagan violated his promise to Congress:
In carrying out this mission, the American force will not engage in combat. It may, however, exercise the right of self-defense and will be equipped accordingly. ... there is no intention or expectation that U.S. Armed Forces will become involved in hostilities.
Ronald W. Reagan (U.S. President, Jan. 20 1981-1989 Jan. 20), “Letter to the Speaker of the House and the President Pro Tempore of the Senate Reporting on United States Participation in the Multinational Force in Lebanon” {copy} (September 29 1982), 1982 PPPUS 1238 (book 2) {SuDoc: GS 4.113:982/BK.2}. And see Lebanon Emergency Assistance Act of 1983, Public Law 98-43, June 27 1983, 97 Stat. 214, and Multinational Force in Lebanon Resolution, Public Law 98-119, October 12 1983, 97 Stat. 805, 50 U.S.C. §1541 note.
And, his promise to the United Nations:
It is my firm intention and belief that the presence of the troops will serve to assist the Government of Lebanon in the furtherance of its objectives, and that they will not be involved in hostilities during the course of this operation.
Ronald W. Reagan, letter to the U.N. Secretary-General (September 24 1982), U.N. Doc. S/15435 (September 27 1982) {70.5kb.pdf, via ODS}.
And, his promise to France, Italy, and Lebanon. “Agreement on United States participation in a multinational force in Beirut” (Exchange of notes at Beirut, September 25 1982, TIAS 10509).
U.S. military commanders — knowing the U.S. Congress did not consent to this offensive warfare — nevertheless violated their oath of office, and obeyed the President’s unlawful order.
The U.S. military attacked, with offensive artillery barrages, from ships at sea, to support and assist the combat operations of a belligerent. And, they resupplied thousands of tons of ammunition to that belligerent in the field (Operation Rubber Wall {1315kb.pdf}).
How many people the U.S. military killed, and maimed, in this offensive barrage, when the “USS Virginia (CGN 38) and USS John Rogers (DD 983) fired 338 rounds from their 5-inch guns,” on September 19 1983—
And how many people those thousands of tons of U.S. ammunition killed, and maimed—
I do not know.
I wonder if it was 241+56.
When you decide to become a belligerent, in a war, then guess what:
The other belligerents have the lawful right to attack you.
Their attack is not “terrorism.”
And their valiant warriors are not “international criminals and thugs.”
And the French?
They were part of that self-same “peacekeeping” force, which suddenly decided to become an offensive belligerent combat force.
A salutary lesson, to any nation, contemplating joint operations, foolish enough, to trust the United States of America.
This same decision, by the U.S. military, later, in Somalia (1992) — to violate the humanitarian mission the U.S. Congress approved, and to initiate war, as an offensive combat force, and ambush a meeting of elders — once again justified an armed response, by the citizens of Somalia (Black Hawk Down).
Once again, another lawful military action — not “terrorism” — by those on the receiving end of U.S. military violence.
Ambush is lawful under the laws of war (against combatants, not against a meeting of elders).
Ambush is a violent crime under the laws of peace.
A violent crime for which the responsible U.S. military commanders have not been prosecuted.
Because they are sheltered, by a violent, criminal, terrorist, rogue, state.
{To be continued.}
Beirut 1983-1984: Judicial theft?
John H. Kelly (U.S. Ambassador to Lebanon, 1986-1988; Assistant Secretary of State for the Near East and South Asia, 1989-1991), “Lebanon: 1982-1984,” chapter 6 of Jeremy R. Azrael, Emil A. Payin (editors), U.S. and Russian Policymaking With Respect to the Use of Force (RAND Corporation, Doc. No. CF-129-CRES, 1996, 225 pages).
Rym Ghazal, “Lebanon mulls U.S. extradition requests: America wants five lebanese handed over” (Daily Star, Beirut, February 27 2006): “Other press reports also suggested they were suspected of taking part in a 1983 attack on the U.S. Marines headquarters in Beirut.”
–CJHjr
Whereas President of Iran Mahmoud Ahmadinejad expressed, in an October 26, 2005, speech {copy, accord, accord, MEMRI * *, NYT, ISNA (Persian language), official (Persian language)}, his hope for “a world without America” and his desire “to wipe Israel off the map” and has subsequently denied the existence of the holocaust;
Query: “Wipe Israel off the map”?
Did Mahmoud Ahmadinejad say this?
And, if so, what did he mean?
These are very simple questions to answer.
If you have a transcript, of what he said, and a faithful translation of it.
But these transcripts and translations are carefully concealed, by U.S. and U.K. intelligence officers, implementing the political policy of their governments, to fan the flames of fear, to beat the drums of war.
And I refer to FBIS (CIA) and BBC Monitoring (MI6), who record and translate every word Mahmoud Ahmadinejad speaks, on every such occasion (TV and radio).
Bought and paid for, by U.S. and U.K. taxpayers, but concealed from them, and from Members of Congress (who don’t want to know what he said).
For an explanation, of what I’m talking about, see “FBIS,” an account of a prima facie criminal lie to Congress, by John Bolton, in a similar effort, that time to misquote Fidel Castro, to falsely portray him as a “terrorist.”
Whatever he said, Mahmoud Ahmadinejad is reported as simply quoting the words of his nation’s founding father, in 1979 (Ayatollah Ruhollah Khomeini).
And what that means is this:
There’s nothing new about what he said.
Iran has not suddenly become a new threat, following the election of Mahmoud Ahmadinejad.
Iran’s policy on Israel is unchanged from 1979.
By concealing what he said, U.S. official liars — and that includes most of the Members of the U.S. Congress — want the public to believe that a new danger has suddenly appeared, which must be dealt with.
Whatever danger Iran’s policy on Israel may be, there’s nothing new about it.
The nation’s founding father explicitly referred to the Israeli “regime,” not to the Israeli people.
Question: Amongst your demands is the annihilation of the state of Israel.
If this leads to Israel’s destruction and victory for the Palestinians, what will be the fate of the Jews?
Answer: The issue of the Jews is quite separate from that of the Zionists.
If the Muslims are victorious over the Zionists, the latter will meet the same fate as the deposed Shah.
However, the Muslims will do nothing to the Jews, for they are a nation like other nations, they will carry on with their lives and they will not suffer dispossession.
Ayatollah Ruhollah Khomeini (1902-1989), interview with the West German Radio-Television network, November 8 1979.
We consider the Jewish community to be completely separate from the issue of Zionism and the Zionists.
The latter are in no way among the people of religion ...
Belief in divine power and turning his attention to the affairs of the weak and oppressed ... was the way of Hazrat Moses ...
Something which is in complete contrast to the plan of this group and these Zionists. ...
They act against the weak and oppressed and contrary to the teachings of Hazrat Moses. ...
They are not Jews. They are political people. Who, calling themselves Jews, perpetrate certain acts.
Ayatollah Ruhollah Khomeini, speech (Jewish Society of Iran, May 14 1979).
The actual quote — which comes from an old speech of Khomeini — does not imply military action, or killing anyone at all. ...
The phrase is almost metaphysical.
He quoted Khomeini that:
“The occupation regime over Jerusalem should vanish from the page of time.” ...
Ahmadinejad ... made an analogy, to Khomeini’s determination, and success, in getting rid of the Shah’s government, which Khomeini had said, “must go” (az bain bayad berad).
Then, Ahmadinejad defined Zionism, not as an Arabi-Israeli national struggle but, as a Western plot to divide the world of Islam, with Israel as the pivot of this plan.
The phrase he then used, as I read it, is:
“The Imam said that this regime occupying Jerusalem (een rezhim-e ishghalgar-e qods) must [vanish from] from the page of time (bayad az safheh-ye ruzgar mahv shavad).”
Ahmadinejad was not making a threat.
He was quoting a saying of Khomeini, and urging that pro-Palestinian activists in Iran not give up hope—
That the occupation of Jerusalem was no more a continued inevitability than had been the hegemony of the Shah’s government.
Whatever this quotation from a decades-old speech of Khomeini may have meant, Ahmadinejad did not say that “Israel must be wiped off the map,” with the implication that phrase has, of Nazi-style extermination of a people.
He said that the occupation regime over Jerusalem must be erased from the page of time.
Again, Ariel Sharon erased the occupation regime over Gaza from the page of time.
Juan Cole (Professor of History, University of Michigan), “Hitchens the Hacker” (Informed Comment, May 3 2006).
Subsequently: Jonathan Steele, “If Iran Is Ready to Talk, the US Must Do So Unconditionally” (Guardian, June 2 2006) {copy} (“It is 50 years since the greatest misquotation of the cold war ...”). Ethan Bronner, Nazila Fathi, “Just How Far Did They Go, Those Words Against Israel” (New York Times, June 11 2006). Jonathan Steele, “Lost in Translation” (Guardian Unlimited, June 14 2006). Juan Cole, “Steele on Ahmadinejad: Of Arenas of Time and Intransitive Verbs” (Informed Comment, June 15 2006). Philip Weiss, “Burning Cole” (The Nation, July 3 2006) {pf}: “Yale was drawn to Cole by top-rank scholarly achievement ... Campus Watch, a pro-Israel group that monitors scholars' statements about the Middle East ... Jewish Week: ‘... at least four major Jewish donors ... have contacted officials at the university urging that Cole's appointment be denied’... Yale's Senior Appointments Committee ... rejected Cole after three other Yale committees had signed off on him ... Cole: ‘If the US really wanted to stop terrorism, it would invade the West Bank and Gaza and liberate the Palestinians to have their own state and self-respect’.”
Ronald Reagan: Regimes planted by bayonets.
Do not take root. ...
If history teaches anything, it teaches self-delusion, in the face of unpleasant facts, is folly. ...
Given strong leadership, time, and a little bit of hope, the forces of good, ultimately, rally and triumph over evil.
{audio, 0:14} What I am describing now is a plan, and a hope, for the long term. The march of freedom and democracy. Which will leave Marxism-Leninism on the ash heap of history. As it has left other tyrannies. Which stifle the freedom, and muzzle the self-expression, of the people.
Ronald W. Reagan, (U.S. President, Jan. 20 1981-1989 Jan. 20), “Address to Members of the British Parliament” (Royal Gallery, the Palace of Westminster, London, June 8 1982, 12:14 p.m.), 1982 PPPUS 742-748 {copy} (book 1) {SuDoc: GS 4.113:982/BK.1}.
Ronald Reagan: There is sin and evil in the world.
And we’re enjoined by Scripture, and the Lord Jesus, to oppose it, with all our might.
Our nation, too, has a legacy of evil, with which it must deal. ...
The commandment given us is clear.
And simple:
Thou shalt love thy neighbor as thyself.
... We will never compromise our principles and standards. We will never give away our freedom. We will never abandon our belief in God. And we will never stop searching for a genuine peace. ...
{audio, 0:28} To ignore the facts of history.
And the aggressive impulses.
Of an evil empire ...
They are.
The focus of evil.
In the modern world.
Ronald W. Reagan, (U.S. President, Jan. 20 1981-1989 Jan. 20), “Remarks at the Annual Convention of the National Association of Evangelicals in Orlando, Florida” (Citrus Crown Ballroom, Sheraton Twin Towers Hotel, Orlando Florida, March 8 1983, 3:04 p.m.), 1983 PPPUS 359-364, at 364 {copy} (book 1) {SuDoc: GS 4.113:983/BK.1}.
Iran’s policy on Israel is the same as U.S. policy on Iran:
They want regime change:
They want to free the people of Israel from dominion by Zionists. An aggressive, racist, apartheid, violent, criminal, political clique, which corrupts the character of its citizens, wages war on their neighbors, steals their land, destroys their houses, their farms, their livelihoods, their water, and corrals them into open prisons, separated from their friends, their families, their neighbors, dominated by military forces deaf to their cries.
Iran’s policy on Israel is like Sinn Fein’s policy on Ireland: They aspire to a single state, created by, and serving, all its residents.
But, all Iranian officials say the same thing:
They will accept whatever solution the people living there adopt, of their own free will, which cannot be expressed during a military occupation, the Israeli occupation of territory outside its 1949 borders.
The very same borders the U.S. government itself also insists upon (prior to George W. Bush).
We believe that the only way to restore calm to the troubled Palestine is to stop Zionists’ brutal suppression of the
Palestinians, make the occupying regime pull out of occupied lands, and allow the Palestinian people to decide their fate freely.
The international community should bring pressure to bear on Israel to halt its violent acts which has so far claimed so many
precious Palestinian lives.
Hadi Nejad Hosseinian (then Iran U.N. Ambassador), statement, Resumed Tenth Emergency Special Session of the General Assembly on Illegal Israeli Actions in Occupied East Jerusalem and the Rest of the Occupied Palestinian Territory, 14th meeting, New York City, October 20 2000), U.N. Doc. A/ES-10/PV.14, pages 18-20 at 20 {538kb.pdf, via this, or ODS} (U.N. General Assembly, Official Verbatim Record, October 20 2000, 3:00-10:15 p.m.).
Even if 6 million Jews were killed, they were not killed by the Palestinians.
I have said exactly the same thing before.
But, may be, Mr. Ahmadinejad expresses himself more harshly.
It is the United Nation’s responsibility to compensate everyone in Palestine, both Muslims and Jews.
There should be a referendum, where they can decide their destiny, and not have Israel force its will on people.
Hussein Ali Montazeri (Grand Ayatollah), 84 year old government critic (“no newspaper dares to print a word I say”), interview in Qom, March 8 2006, by Channel 4 News, reported by Jonathan Miller (Channel 4 News, London, March 13 2006, 7:29 p.m.) (video not posted).
Query: “United Nation’s responsibility”?
Yes.
Jimmy Carter agrees with Hussein Ali Montazeri:
The Geneva Accord prescribes: ...
4. The resolution of claims for displaced Palestinians, that focuses on resettlement in the new Palestinian state, or equivalent compensation.
This responsibility would not be on Israel, but on the world community.
Jimmy Carter (U.S. President, Jan. 20 1977-1981 Jan. 20), speech, “The Major Obstacles to Peace in the Holy Land” (Council on Foreign Relations, New York City, March 2 2006), further cited below.
Query: “Denied the existence of the holocaust”?
Did Mahmoud Ahmadinejad do this?
Another very simple question to answer.
If you have a transcript, of what he said, and a faithful translation of it.
Which U.S. and U.K. intelligence officers, once again, conceal.
But the reports of what he said are plain, that he absolutely did not deny the holocaust.
He questioned the holocaust, and then he immediately proceeded to speak on the assumption that the holocaust is an historical fact.
Not least because, he said, Europeans themselves admitted there was a holocaust, and admitted that they did it (a previous generation of Europeans).
No holocaust denier ever made such an assumption or ever accepted such confessions.
This indicates the mind of a person who is personally not acquainted with the evidence, but who recognizes that it’s a generally accepted fact and, hence, likely true.
My guess is, the holocaust evidence has not been translated into Persian (Farsi), the language of Iran.
The most extravagant trial in the history of the world, Trial of the Major War Criminals Before the International Military Tribunal, was conducted, with simultaneous translations, in its four official languages (English, French, German, Russian). The transcripts were published by the IMT Secretariat (1947-1949) {SuDoc: W 1.2:C 86, ISBN: 0404536506, LCCNs: 47031575, 70145536, 95081592, WorldCat}, in those four languages, and the U.K. government also published the trial transcripts (1946-1951), but not the many volumes of documents, and only in English: The Trial of German Major War Criminals {ISBN: 0404536506, LCCN: 47015265, WorldCat}. Affidavits and documents were received by the prosecutors, in about 150 languages, but little of that is published, except those referred to in the trial.
I don’t recollect Iran, and it’s language, had anything to do with that trial. Adolph Hitler didn’t send anybody to Iran, to murder anybody.
The 12 additional big trials, before U.S. Military Tribunals, were later published, but only in English, by the U.S. government (1949-1953). These too quote many thousand pages of documents and testimony. Trials of War Criminals before the Nuernberg Military Tribunals under Control Council Law No. 10 {SuDoc: D 102.8, ditto, LCCNs: 49045929, 97071903, WorldCat}.
And likewise, the mostly unpublished, trial transcripts, of U.S. and U.K. military court martial trials, and trials in other countries, in their own languages. A few of these trials are reported, in a 15 thin-volume set, published, but only in English, by the U.K. government (1947-1949): Law Reports of Trials of War Criminals (“Selected and Prepared by the United Nations War Crimes Commission”) {LCCNs: 47022747, 97080284, WorldCat}.
Has any of this evidence been
translated into the Persian language?
Apparently not.
They’re not listed in the University of Tehran library catalogue, in Persian, English, or any other language:
And so, if you’ve never read any of that evidence, and you’re a public figure, and you’ve listened all your life to Israeli government officials telling lies, about everything under the sun, you will naturally be cautious, in public, endorsing facts which you don’t know to be facts.
A good role model, for U.S. government officials, who continuously, endlessly, relentlessly, assert to be unassailable facts, what they know for a fact, they do not know to be a fact (a “reckless lie”). And omit to mention contrary facts, which they do know to be facts (willfully “misleading” “lies”). And a good example is this very topic, their chorus of deceitful assertions, about Iran’s supposed nuclear weapons program.
Mahmoud Ahmadinejad is a very smart, very rational, character, first in his class in school. That indicates they don’t teach anything about the holocaust in Iranian schools, at least primary and secondary schools. He’s an engineer (as I recollect), and so in university he likely did not study such matters there either.
Nobody taught me anything about the holocaust, in my 19 years in American schools, grammar school (1948-1956), high school (1956-1960), university (1960-1964), law school (1964-1967).
And, on this topic, Mahmoud Ahmadinejad provides a second excellent role model too, another sharp contrast, to deceitful U.S. officials, and that includes most members of Congress:
He’s called for an examination, by Persians, into the facts of the holocaust, to discover what’s true and what, if anything, is untrue.
U.S. government officials, by contrast, are very hostile, to any honest inquiry into facts, about anything, which might thwart their many aggressive, dishonest, political, agendas. And so too the Israelis.
It’s pointless, foolish, and irrational, to pretend people can be compelled, and coerced, to believe a fact. And particularly a fact alien to their history, their culture, their language.
And, it’s likewise foolish and irrational for Iranians to allow themselves to remain in ignorance, of an historical fact as important as the holocaust.
A fact grounded on the most important issues in politics:
• How can a democratic government of good, honest, people be subverted by fanatics, liars, and hoodlums, into violent criminal enterprises?
• How can good, honest, people can be persuaded, by their government, intimidated, coerced, tempted, paid, bribed, to commit violent crimes?
• Why do good, honest, people stand by, while their government officials, and their fellow citizens, wage violent crimes?
• What are the defects in their constitution, their laws, which allow these government crimes to proliferate, unchecked? To recruit participants? To coerce them? To keep secret their crimes? To silence and punish whistleblowers, critics? To shelter the government official criminals from prosecution? Including the criminal liars, who make it all possible.
• What can good, honest, people do? To stop it?
Educating Iranians about these important facts, and issues, is a very desirable, very laudable initiative, by Mahmoud Ahmadinejad.
And that inquiry can be conducted only by Iranians themselves. People they can trust.
They need to do it.
Leaders, they can trust, need to spend the time necessary, to satisfy themselves about the facts.
And then, those leaders need to make their public pronouncements:
That the holocaust is indeed an historical fact.
That all those good, honest, people did indeed, do all those horrible, criminal, things, and murdered in cold blood, millions, and millions, of people.
That those good, honest, people, did indeed, stand by, and do nothing to stop it.
That many of those good, honest, people, participated in these crimes, without knowing, for sure, that’s what they were doing.
That those good, honest, people, yet had their suspicions, and did not, or could not, investigate, did not, or could not, intervene.
That some of those good, honest, people, nevertheless did what they could, to stop it.
It’s a massive, expensive, lengthy, undertaking.
Still today, a generation later, Iranians may still be translating into Persian, the documents they seized at the American embassy, in November 1979.
At least 77 volumes they’ve published so far, but very few libraries have a copy:
The Documents from the U.S. Espionage Den were first brought to the United States from Iran by freelance journalists William Worthy and Randy Goodman in December 1981.
The 13-volume set they attempted to bring in with their luggage was confiscated by the U.S. Customs Service; however, a second set which they sent through the mail arrived safely.
Worthy and Goodman brought the volumes to Scott Armstrong’s attention. The subsequent five-part series of Washington Post articles titled “Iran Documents Give Rare Glimpse of a CIA Enterprise,” beginning on January 31, 1982, brought these documents to national attention. ...
Several U.S. libraries have purchased complete sets, including the Library of Congress and the libraries at Columbia, Harvard, New York University, Princeton and the University of Texas.
Iran: The Making of U.S. Policy, 1977-1980 (National Security Archive).
Translating just the 42 volumes of the IMT trial, and the 15 volumes of NMT trials, is a staggering prospect. And there is much, much, else besides.
But, today, computers can likely do the bulk of that work, the first draft, which editors can then start work with.
Provided, the Iranians can satisfy themselves, that the electronic texts they could start with — which have already been created over many years, at great expense — are accurate copies, of the original publications, which themselves are faithful copies, of the original transcripts and documents, and that the original transcripts themselves, are faithful to the audio, in the archives.
Mahmoud Ahmadinejad’s plain purpose was not to doubt the holocaust.
His was a rhetorical device to focus minds on what he was about to say. His argument, which is this:
The state of Israel was created by Europeans, to finish Adolph Hitler’s work for him, the ethnic cleansing of Jews from Europe.
They copied what Adolph Hitler did in Poland, his Lebensraum policy: They seized land, expelled its owners, shipped in settlers, who took over all those seized farms and houses, on the pretense they owned them.
Adolph Hitler did not invent this policy.
He merely copied the example of the British. Who sent in an army, murdered a segment of the population of Ireland (“subhumans,” as the British described them), drove the rest into the hills, seized their good land, set up a company (Ulster), and sold off the land, to British settlers, on the pretense they owned it.
And the Americans. Who sent in an army, murdered most of the native population (“subhumans,” as the Americans described them), drove the few survivors into the hills, seized their land, and sold it off, to American settlers, on the pretense they owned it.
Completely innocent people, having nothing whatsoever to do with the holocaust, have themselves been victimized by a brand new holocaust, against them.
“Holocaust has been continuing in Palestine over the past 60 years,” he said.
As it’s this, that Mahmoud Ahmadinejad said.
Not what the Israeli-Jews, and their American mouthpieces, pretend he said (concealing the transcripts).
Mahmoud Ahmadinejad said, the holocaust has been exploited, by Israeli-Jews, and by their American backers, as a justification, to launch a new holocaust, based on the myth, that Israeli-Jews are victims (in the present day).
Plain for the whole world to see, Israeli-Jews are oppressors, not victims.
Palestinians are victims, not Israeli-Jews.
And Israeli-Arabs are victims (20% of Israelis), not Israeli-Jews.
This myth — and the holocaust, against the Palestinians, perpetrated by Israeli-Jews, and by their American bankers and backers, based on this myth — is a betrayal of the original holocaust.
The meaning of that holocaust.
The memory of the victims of that holocaust.
Every last one of those holocaust victims would be horrified and repulsed and revolted at the present day holocaust—
Waged in their memory.
Justified by their suffering.
Against the Palestinians.
Powerless victims.
Just like the original holocaust victims.
In the grip of a merciless tyrant.
With a heart of darkness.
An abomination of their memory.
A repudiation, of the very meaning of the holocaust.
Mocking its motto:
“Never again.”
This is what Mahmoud Ahmadinejad apparently said.
And this is why he won the election.
He speaks truth to power.
What is the obvious solution for this?
The solution, Mahmoud Ahmadinejad’s message, is this:
The people responsible for the holocaust should be held accountable for their violent crime, by resolving all the consequences of it, inside their own territory, and renounce, and terminate, their new, ongoing, holocaust against the Palestinians.
Europeans should create a new state of Israel, in the heart of Europe, on land bought and paid for, by eminent domain, and all the foreign settlers in Israel returned to this relocated state, the territory from whence they came.
Just as the German settlers, Adolph Hitler sent to Poland, were expelled from Poland, back to Germany, at the end of the war.
And to those who say the evil done the Palestinians does not amount to a “holocaust,” because Israel has not gassed the whole population, Mahmoud Ahmadinejad says this:
It’s a holocaust nonetheless:
Thousands of people killed.
And for the survivors: Eternal slavery. Eternal theft, of homes, property, belongings. Eternal imprisonment, in a land with no exits, no livelihood, no hope.
For the survivors, it’s not yet death.
That’s true.
It’s worse than death.
This is a rational argument.
A moral argument.
A compelling argument.
An honest analysis, of a vast conspiracy, of crime and other illegalities: The Palestinian Israel problem.
Financed, facilitated, incited, aided and abetted, conspired in, day by day, by “The Oppressor,” “The Great Satan,” the United States of America.
With all of Europe.
Averting their gaze.
And whispering:
“Amen.”
____________________
“Who loves you, baby”
Regular U.S. assistance to the Palestinians has been averaging about $75 million per year since the Oslo accords in the early 1990s. ...
The United States has provided direct assistance to the Palestinian Authority on only four occasions.
In 1993-1994, the United States provided $36 million through the Holst Fund at the World Bank for direct assistance to the Palestinian Authority, and an additional $5 million in cash and equipment for the Palestinian police.
From 1995-2002, no U.S. assistance went to the Palestinian Authority or any of its constituent bodies.
On July 8, 2003, the United States announced that it would provide $20 million out of a $50 million FY2003 Supplemental allocation as direct aid to the PA for infrastructure projects.
On December 8, 2004, President Bush again approved $20 million in direct assistance to the PA. The $20 million was used to pay off overdue Palestinian utility bills to Israeli companies.
Following PA President Mahmoud Abbas’ May 2005 visit to the White House, President Bush announced that the United States would transfer an additional $50 million from unobligated ESF funds to the Palestinian Authority. ...
Table 2. Total U.S. Assistance to the Middle East: 1971-2001
(Loans & Grants; Current Year $ in millions)
| Country/Region | Economic | Military | Total |
| Israel | $28,402.9 | $50,505.7 | $78,908.6 |
| * * * | |||
| Palestinians | $703.4 | $0.0 | $703.4 |
* * *
Jeremy M. Sharp, U.S. Foreign Assistance to the Middle East: Historical Background, Recent Trends, and the FY2006 Request, pages 15, 17, 7 (Congressional Research Service, U.S. Library of Congress, Order Code: RL32260, updated June 13 2005) {132kb.pdf, copy, copy}.
Since 1985, the United States has provided $3 billion in grants annually to Israel. ...
Since 1976, Israel has been the largest annual recipient of U.S. aid and is the largest recipient of cumulative U.S. assistance since World War II.
From 1949 through 1965, U.S. aid to Israel averaged about $63 million per year ...
From 1966 through 1970, average aid per year increased to about $102 million ...
From 1971 to the present, U.S. aid to Israel has averaged over $2 billion per year, two-thirds of which has been military assistance. ...
Of the more than $90 billion in aid the United States has provided Israel through FY2003, about $75 billion has been grants and $15 billion has been loans. ...
[T]he U.S. government has waived repayment of aid to Israel that originally was categorized as loans. ...
Since 1974, some or all of U.S. military aid to Israel has been in the form of loans for which repayment is waived. Technically, the assistance is called loans, but as a practical matter, the military aid is grant. ...
From FY1974 through FY2003, Israel has received more than $45 billion in waived loans. ...
Table 2 shows cumulative U.S. aid to Israel for FY1949 through FY1996, and U.S. aid to Israel for each fiscal year since. ...
Total [1949-2004]: $93.535 billion. ...
Note: The $600 million in housing loan guarantees, $5.5 billion in military debt reduction loan guarantees, $9.2 billion in Soviet Jew resettlement loan guarantees, and $9 billion in economic recovery loan guarantees are not included in the tables because the United States government did not transfer funds to Israel. The United States underwrote loans to Israel from commercial institutions.
Clyde R. Mark, Israel: U.S. Foreign Assistance, pages: summary, 1, 5-6, 12 (Congressional Research Service, U.S. Library of Congress, Order Code: IB85066, updated April 26 2005) {88kb.pdf, copy, copy}. And see Richard H. Curtiss (editor), “The Cost of Israel to U.S. Taxpayers: True Lies About U.S. Aid to Israel” (Washington Report on Middle East Affairs, December 1997, Pages 43-45) {copy}.
____________________
Slush fund?
Is this a slush fund?
The CIA and U.S. military are the king and queen of slush, I suppose.
But this, too, is a mighty big pot of unaccountable cash: $3 billion per year.
U.S. aid to Israel is deposited in a New York City bank account and subject to no audits.
Tens of millions of dollars are likewise deposited into the bank accounts of — guess who — Members of Congress, who vote to not require transparency and audits.
“Contributions” by Zionist sympathizers.
Are these deposits a mere coincidence?
Or are they kick-backs?
Routed through intermediaries.
A massive criminal enterprise.
As far as I’m concerned, the burden of proof is on Members of Congress, to prove, beyond reasonable doubt, they are not members of a RICO criminal enterprise.
Because they have the power, to require transparency, and audits, which can supply that proof.
And they don’t.
I guess they have good reason, to live under a cloud of suspicion.
A cloud they could easily banish.
Do they prefer a cloud?
To enable a criminal enterprise?
And disable the public, from proving it?
This unnecessary cloud demonstrates, that fundamental change is required, in Washington D.C.
Not just a change of faces.
____________________
Israeli Settlements
Jimmy Carter: Palestinians must live in peace and dignity, and permanent Israeli settlements on their land are a major obstacle to this goal.
Let me first review the official position of the United States.
From Dwight Eisenhower through the road map of George W. Bush, our policy has been that Israel’s borders coincide with those of 1949.
The U.S. has consistently stated, since 1967, that U.N. Resolution 242 is binding on Israel as a foreign power that is occupying Palestine territory {S/Res/242, S/PV.1382 (November 22 1967)}. ...
There were just a few hundred settlers in the West Bank and Gaza when I became president {1977}, and all my predecessors had categorized each settlement as both illegal and an obstacle to peace.
After I left office, the Likud government expanded its settlement activity, precipitating a strong statement by President Reagan in September 1982.
I quote the key passages: ...
“We will not support annexation or permanent control by Israel ...
U.N. Resolution 242 remains wholly valid as the foundation stone of America’s Middle East peace effort ...
It is the United States’ position that, in return for peace, the withdrawal provision of Resolution 242 applies to all fronts, including the West Bank and Gaza.”
After a major breakthrough in the peace process occurred under President George H.W. Bush and Secretary James Baker at Madrid, the president reemphasized U.S. opposition to Israeli settlements and even threatened to withhold American financial aid as a deterrent.
Jim Baker announced,
“I don’t think there is any greater obstacle to peace than settlement activity...” ...
Although President Clinton made strong efforts to promote peace, most notably at Camp David in 2000, a massive increase of settlers occurred during his administration, mostly while Ehud Barak was prime minister.
By 2001, there were 225,000 Israeli settlers in the West Bank and Gaza. ...
In addition, there are other large areas that have been taken or earmarked for future expansion, roadways that join the settlements with each other and to Jerusalem, and “life arteries” that provide water, sewage, electricity, and communications.
These range in width from 500 to 4,000 meters, and Palestinians cannot use or even cross many of these connecting links.
This honeycomb of settlements {and outposts} and their interconnecting arteries divides the entire West Bank into multiple fragments {pf}, often uninhabitable or even unreachable.
There are also about 100 {600 pf} military checkpoints completely surrounding Palestine and along the roads going into or between Palestinian communities.
In 2002, President George W. Bush endorsed an Arab proposal to normalize relations with Israel in exchange for withdrawal to its own borders {2002 PPPUS 343-347 (book 1) (March 5 2002) (12kb.txt, 36kb.pdf), 21kb.html, video (17:32), audio (17:32)}.
The following year, he and other members of the international quartet reemphasized U.N. 242 as a basis for a permanent agreement and called for a sovereign Palestinian state side by side with Israel {2002 PPPUS 547-548 (book 1) (April 4 2002) (12kb.txt, 36kb.pdf), 15kb.html, video (16:54), audio (16:54)}. ...
The PLO accepted the road map.
Israel also announced its acceptance, but with 14 caveats and prerequisites, some of which preclude final peace talks ...
The latest development is a huge concrete dividing wall being erected in populated areas and a high fence in more rural areas — built entirely within the West Bank and often intruding deep into Palestinian territory to encompass more land and settlements.
It is planned to surround Palestine completely, and already about two dozen Palestinian communities are on the Israeli side.
With tension rising, the occupying forces have become increasingly oppressive in order to sustain control over the Palestinians, who are deprived of basic human rights militarily, politically, and economically.
This is obvious to anyone who visits Palestine.
From September 2000 until 10 days ago, 3,982 Palestinians and 1,084 Israelis have been killed in the conflict, and this includes many children: 708 Palestinians and 123 Israelis. ...
An overwhelming number, of both the Israelis and Palestinians, want a durable, two-state solution, based on well-known criteria that have been spelled out in the Quartet’s road map.
And with complete compatibility, in what is known as a Geneva Initiative. A privately negotiated plan, it overcomes what I believe is a fatal flaw of the road map — the easily delayed, or completely avoided, step-by-step procedure.
* * *
{Answers to questions:}
But the road map calls for the border of Israel to be modified by good-faith talks between the two.
And so I look upon the Geneva Initiative as good. ...
I don’t see any permanent solution unless Israel withdraws substantially from the West Bank.
And there can be some modifications in crucial places close to Jerusalem, where enormous settlements have already been established.
And the Palestinians — by the way, approved quietly by Arafat — negotiated that agreement.
I’m not saying that Hamas would agree.
But this meant that over half the total Israeli settlers in the West Bank could stay where they are.
But it still would leave a contiguous West Bank.
Jimmy Carter (U.S. President, Jan. 20 1977-1981 Jan. 20), speech, “The Major Obstacles to Peace in the Holy Land” (Council on Foreign Relations, New York City, March 2 2006) {FNS transcript, audio (21.9mb.mp3), video (108.7mb.wmv) (01:03:37)}, quoted answers 35:20-35:40, 47:20-48:00. And see Jimmy Carter, “Colonization of Palestine Precludes Peace” (“This op-ed was published in Ha'aretz and at least 70 other newspapers worldwide,” March 13 2006) {copy, copy}.
But see this abrupt and dramatic change in U.S. policy, as George W. Bush would have it, apparently endorsing Israel’s existing theft and fragmentation of Palestinian land:
As part of a final peace settlement, Israel must have secure and recognized borders, which should emerge from negotiations between the parties in accordance with UNSC Resolutions 242 and 338.
In light of new realities on the ground, including already existing major Israeli populations centers, it is unrealistic to expect that the outcome of final status negotiations will be a full and complete return to the armistice lines of 1949, and all previous efforts to negotiate a two-state solution have reached the same conclusion.
It is realistic to expect that any final status agreement will only be achieved on the basis of mutually agreed changes that reflect these realities.
George W. Bush (U.S. President, Jan. 20 2001-2009 Jan. 20), “Letter From President Bush to Prime Minister Sharon” {pf} (White House, April 14 2004), 40:16 WCPD 598-600 {8kb.txt, 54kb.pdf, copy}. See also “Statement by the President” {pf} (White House, April 14 2004), retitled “Statement on the Israeli Disengagement Plan and the Middle East Peace Process,” 40:16 WCPD 596-598 {8kb.txt, 55kb.pdf, copy}; “President Bush Commends Israeli Prime Minister Sharon's Plan” {pf} (White House, Cross Hall, April 14 2004, 1:05-1:29 p.m.) {video 23:50, audio 23:50}, retitled “The President’s News Conference With Prime Minister Ariel Sharon of Israel,” 40:16 WCPD 592-596 {19kb.txt, 77kb.pdf, copy} {Weekly Compilation of Presidential Documents (purl), SuDoc: AE 2.109:40/16, ISSN: 0511-4187, LCCN: 65009929, OCLC: 1769543, GPOcat, LL: paper, DL, WorldCat}.
Gwynne Dyer, “US Support for Moving Borders Is Just a Charade” (The Border Mail, April 18 2006):
“‘We have a very tight timetable for drawing Israel’s final borders, because we seek the support of the US administration and President Bush.
It has to be done by November, 2008,’
Yoram Turbowicz said last week. Turbowicz, who will be chief of staff to Ehud Olmert when the latter takes over as prime minister of Israel’s new government. ...
The new international law, written into the United Nations Charter, states that territorial changes imposed by force will not be recognised by UN members.
Full stop.
It’s about taking the profit out of war and thereby reducing the temptation to go to war, and over 60 years it is the one UN rule that has almost never been broken. ...
But it is simply inconceivable that President Bush could persuade other countries to accept such a gross violation of international law.
He cannot deliver; the deadline is meaningless.
Olmert’s government can build walls, dig ditches, move settlers around, proclaim that Israel’s eternal borders are now some distance to the east of where they were last week, maybe even get the Bush administration to agree to the change.
But none of it will have any legal force.”
See “Territories occupied by Israel since June 1967” (U.N. Map No. 3243 Rev.4, June 11 1997) {337kb.gif}; “Map showing Israeli settlements established in the Territories occupied in June 1967” (U.N. Map No. 3070 Rev.17, October 1 1996) {114kb.gif}; “Population Map of the West Bank and Gaza Strip” (Peace Now, Settlements Watch Team, November 2000) {3118kb.pdf}; Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (U.N. I.C.J., July 9 2004) (it’s illegal to build a wall on your neighbor’s land) {summary, docket, opinion, 428kb.pdf}; U.N. resolutions by the Security Council (S/Res/), General Assembly (A/Res/), Economic and Social Council (E/Res/), Commission on Human Rights (E/CN.4/Res/), Commission on the Status of Women (E/CN.6/Res/); and other documents on the “Question of Palestine.”
____________________
Complicity
The United States has become the de facto enabler of Israeli expansion in the Occupied Territories, making it complicit in the crimes perpetrated against the Palestinians.
John Mearsheimer (Professor of Political Science, co-director of the Program on International Security Policy, University of Chicago), Stephen Walt (Academic Dean, Professor of International Affairs, John F. Kennedy School of Government, Harvard University), “The Israel Lobby” (London Review of Books, March 23 2006, volume 28, number 6), footnoted version, John J. Mearsheimer, Stephen Walt, “The Israel Lobby and U.S. Foreign Policy” (Harvard University, John F. Kennedy School of Government, Faculty Research Working Paper Number: RWP06-011, March 13 2006) {1411kb.pdf} (“about 250,000 downloads,” as of about May 1: Walt, speaking on C-Span, June 23 2006), response to responses, John Mearsheimer, Stephen Walt, “Letters: The Israel Lobby” (London Review of Books, May 11 2006, volume 28, number 9) {copy}.
Criminal facilitation
A person is guilty of criminal facilitation in the second degree when, believing it probable that he is rendering aid to a person who intends to commit a class A felony, he engages in conduct which provides such person with means or opportunity for the commission thereof and which in fact aids such person to commit such class A felony.
New York Penal Code, § 115.05. Accord: Arizona, § 13-1004 (“knowingly provides the other person with means or opportunity for the commission of the offense”); Kentucky, § 506.080 (“knowingly provides such person with means or opportunity for the commission of the crime”); North Dakota, § 12.1-06-02 (“knowingly provides substantial assistance to a person intending to commit a felony”); Tennessee, § 39-11-403 (“knowingly furnishes substantial assistance in the commission of the felony”); Guam, § 9-4.65 (“knowingly furnishes substantial assistance to him”); United States, 18 U.S.C. § 2339A (“provides material support or resources ... knowing or intending that they are to be used in preparation for, or in carrying out ...” 35 different crimes). And see Model Penal Code § 206, commentary (American Law Institute) {LCClass: KF9219, ditto, ditto, LCCNs: 80050699, 84051700}.
§ 2339A. Providing material support to terrorists
(a) Offense.— Whoever provides material support or resources ... knowing ... they are to be used in preparation for, or in carrying out, a violation of section ... 956 ... or attempts or conspires to do such an act, shall be fined under this title, imprisoned not more than 15 years, or both, and, if the death of any person results, shall be imprisoned for any term of years or for life.
18 U.S.C. § 2339A. 18 U.S.C. § 956. “Conspiracy to kill, kidnap, maim, or injure persons or damage property in a foreign country.”
____________________
Query: Does this include armed robbery?
Of Palestinian land and water?
• Noam Chomsky, “The Israel Lobby?” (ZNet, March 28 2006) {copy} (the Israel Lobby preaches to the long-ago converted, and the title of the sermon is “Oil”).
• Tony Judt, “A Lobby, Not a Conspiracy” (New York Times, April 19 2006) {copy}: “American influence in that part of the world now rests almost exclusively on our power to make war: which means in the end that it is no influence at all. ... Europeans, Latin Americans, Africans or Asians. Why, they ask, has America chosen to lose touch with the rest of the international community on this issue? Americans may not like the implications of this question. But it is pressing. It bears directly on our international standing and influence; and it has nothing to do with anti-Semitism.”
• Jim Lobe, “Jewish Community Worried About Iran Backlash” (Inter Press Service, May 9 2006) {copy}: “While most neo-conservatives are Jewish, most U.S. Jews, while very sympathetic to Israel, are not neo-conservatives.”
• Michael Massing, “The Storm over the Israel Lobby” (New York Review of Books, June 8 2006): “The Center for Responsive Politics, a nonpartisan group that analyzes political contributions, lists a total of thirty-six pro-Israel PACs, which together contributed $3.14 million to candidates in the 2004 election cycle. Pro-Israel donors give many millions more ... What AIPAC wants can be summed up very succinctly: a powerful Israel free to occupy the territory it chooses; enfeebled Palestinians; and unquestioning support for Israel by the United States ... while AIPAC focuses most of its efforts on Congress, the executive branch is more often lobbied by the Conference of Presidents of Major American Jewish Organizations ... the heads of more than fifty American Jewish organizations.”
• Betty McCollum (Member of Congress), “A Letter to AIPAC” (New York Review of Books, Volume 53, Number 10, June 8 2006): “Until I receive a formal, written apology from your organization, I must inform you, that AIPAC representatives are not welcome in my offices, or for meetings with my staff.”
• Kathleen and Bill Christison, “The Power of the Israel Lobby: Its Origins and Growth” (CounterPunch, June 16/18 2006): “Policymakers began negotiating with AIPAC before presenting legislation in order to help assure passage, and Congress consulted the lobby on pending legislation. Congress eagerly embraced almost every legislative initiative proposed by the lobby and came to rely on AIPAC for information on all issues related to the Middle East. The close cooperation between the administration and AIPAC soon began to stifle discourse inside the bureaucracy. Middle East experts in the State Department and other agencies were almost completely cut out of decision-making, and officials throughout government became increasingly unwilling to propose policies or put forth analysis likely to arouse opposition from AIPAC or Congress. ... It is the very power of the lobby to continue shaping the public mindset, to mold thinking and, perhaps most important, to instill fear of deviation that brings this intellectual political class together in an unswerving determination to work for Israel. ... No conceivable U.S. national interest is served ... by its support for Israel’s harshly oppressive policy in the West Bank and Gaza, and furthermore this support is a dangerous liability ... a major cause of terrorism against the U.S. and the West. The impetus for oppressing the Palestinians ... supporting Israel and facilitating this oppression has come, very clearly and directly, from the lobby.”
• “Does the Israel Lobby Have Too Much Power?” (CEIP: Carnegie Endowment for International Peace, Foreign Policy, Roundtable, July/August 2006), posted before June 23 2006, “Political scientists John J. Mearsheimer and Stephen M. Walt sparked a firestorm when they raised questions about the power the Israel lobby wields over U.S. foreign policy. Now, in an exclusive FP Roundtable, they face off with four distinguished experts of the Middle East over whether the influence of the Israel lobby is ordinary or extraordinary:” John J. Mearsheimer, Stephen M. Walt, “Unrestricted Access;” Aaron Friedberg, “An Uncivilized Argument;” Dennis Ross, “The Mind-set Matters;” Shlomo Ben-Ami, “The Complex Truth;” Zbigniew Brzezinski, “A Dangerous Exemption;” John J. Mearsheimer, Stephen M. Walt, “Mearsheimer and Walt Respond.”
• John J. Mearsheimer and Stephen M. Walt, interviewed by Brian Lamb (C-Span founder and CEO), on Washington Journal (C-Span, June 23 2006), “discuss lobbying for Israel,” C-Span video {1:00:30}, their first TV appearance, since publishing their paper, on March 23 2006.
–CJHjr
Whereas Article XII.C of the Statute of the IAEA requires the IAEA Board of Governors to report the noncompliance of any member of the IAEA with its IAEA safeguards obligations to all members and to the Security Council and General Assembly of the United Nations;
Whereas Article III.B-4 of the Statute of the IAEA specifies that
“if in connection with the activities of the Agency there should arise questions that are within the competence of the Security Council, the Agency shall notify the Security Council, as the organ bearing the main responsibility for the maintenance of international peace and security”;
Whereas, on September 24, 2005, the IAEA Board of Governors adopted a resolution {44kb.pdf} finding that Iran’s many failures and breaches of its obligations to comply with the Safeguards Agreement constitute noncompliance in the context of Article XII.C of the Statute of the IAEA and that matters concerning Iran’s nuclear program have given rise to questions that are within the competence of the Security Council as the organ bearing the primary responsibility for the maintenance of international peace and security;
Whereas, on January 3, 2006, the Government of Iran announced that it planned to restart its nuclear research efforts, nullifying the Paris Agreement;
Whereas, in January 2006, Iranian officials, in the presence of IAEA inspectors, began to remove IAEA seals from the enrichment facility in Natanz, Iran;
Whereas Foreign Secretary of the United Kingdom Jack Straw warned Iranian officials that they were “pushing their luck” by removing the United Nations seals that were placed on the Natanz facility by the IAEA 2 years earlier;
Jack Straw {2:14}: Iran is not Iraq. ...
Iran, it has not invaded any of its neighbours.
It did not launch missile attacks against any of its neighbours.
And nor — so far as the nuclear weapon programme is concerned — do we have categorical evidence that it is developing a nuclear weapon.
And I’ve made—
James Naughtie: Do you think it wants a bomb?
Jack Straw: I’ve, I’ve made, made that clear.
My strong suspicion is that it does. ...
Jack Straw (U.K. Foreign Secretary), interviewed by James Naughtie (BBC Radio 4, Today, January 13 2006, 8:10-8:23 a.m., at 8:20-8:21 a.m.) {audio, 13:54, at 9:02-11:16} {transcript}.
Jack Straw {3:10}: This is not Iraq for a moment. ...
Iran is not in that situation.
I don’t expect them to be in that situation for a moment.
They’ve actually no history of Iran launching attacks on other countries. ...
John Humphrys: But if they have no record, as you say, of launching attacks on others, and we don’t expect them to do that, then why are we so exercised about them getting the same sort of weapons that India has, that Pakistan has, that we believe North Korea, well that we know North Korea, has, and other countries as well? ...
Jack Straw: We don’t know for certain, that they are moving towards the development of a nuclear weapons system. ...
Let me say, if Iran is — and it’s the working assumption, of everybody — is developing a nuclear weapons capability, it would very seriously destabilize the Middle East, and shift the balance of power there, to a very worrying extent.
Jack Straw (U.K. Foreign Secretary), interviewed by John Humphrys (BBC Radio 4, Today, March 13 2006, 8:10-8:22 a.m., at 8:14-8:17 a.m.) {audio, 13:01, at 4:25} {5465kb.mp3}.
Andrew Marr {1:09 (bb)}: We wouldn’t accept a pre-emptive attack?
Jack Straw: No.
And I don't—
No, we wouldn’t.
Won’t.
Just so I sound clear.
And neither would—
I don’t feel—
I’m as certain as I can be, sitting here, that neither would the United States.
I mean let’s, let’s just understand, what the evidence is ... which adds up to high suspicion that Iran is developing a civil nuclear capability which in turn could be used for nuclear weapons.
But.
Let’s be clear.
There is no smoking gun.
There is no Casus Belli.
We can’t be certain about Iran’s intentions.
And that is, therefore, not a basis on which anybody would gain authority to go for military action.
I think—
I’ve been trying to be clear about this.
Andrew Marr: Absolutely.
And you have been.
Jack Straw (U.K. Foreign Secretary), interviewed by Andrew Marr (BBC TV One, Sunday A.M., April 9 2006, 9:00-10:00 a.m.) {video (bb), 1:02:23, 43:45-57:40 (bb) at 48:20-49:29 (bb)} {transcript, transcript}.
_______________
Query: “Suspicion”?
Suspicion is a state of mind of the accuser and not a state of mind or an act by the one accused.
It is a monstrous proposition containing the very essence of license that the state of mind of the accuser shall be the determining factor, in the absence of evidence of guilt, whether the accused shall or shall not be summarily executed. ...
The orders to execute such persons and mere suspects on suspicion only and without proof, were criminal on their face.
Executions pursuant thereto were criminal.
Those who gave or passed down such orders must bear criminal responsibility for passing them down and for their implementation by the units subordinate to them.
The High Command Case {4932kb.html, excerpt}, 10-11 N.M.T., at 11 N.M.T. 531 (opinion) (U.S. Military Tribunal 5, Nürnberg Germany, October 27-28 1948), volumes 10-11 of Trials of War Criminals before the Nuernberg Military Tribunals under Control Council Law No. 10, Nurenberg, October 1946–April 1949 (U.S. G.P.O., 15 volumes, 1949-1953), volume 10 (1951, 31+1308 pages), volume 11 (1951, 31+755 pages) {SuDoc: D 102.8, ditto, LCCN: 49045929, 97071903, OCLC: 12799641, WorldCat}.
–CJHjr
Whereas President of France Jacques Chirac said that the Governments of Iran and North Korea risk making a “serious error” {full text} by pursuing nuclear activities in defiance of international agreements;
Query: “In defiance of international agreements”?
Jacques Chirac never made any such allegation, that Iran is “pursuing nuclear activities in defiance of international agreements.”
And he would be a very foolish man to say so, as Iran appears to be in full compliance, with all its obligations and, in addition, all its voluntary commitments, which it has no legal obligation to offer.
Misquoting Jacques Chirac — and waging war on the basis of malicious lies about what he said — is a favorite criminal lie, and criminal conspiracy, by U.S. officials.
–CJHjr
Whereas Foreign Minister of Germany Frank-Walter Steinmeier said that the Government of Iran had “crossed lines which it knew would not remain without consequences”;
Whereas Secretary of State Condoleezza Rice stated,
“It is obvious that if Iran cannot be brought to live up to its international obligations, in fact, the IAEA Statute would indicate that Iran would have to be referred to the U.N. Security Council.”;
Whereas President Ahmadinejad stated {copy, copy},
“The Iranian government and nation has no fear of the Western ballyhoo and will continue its nuclear programs with decisiveness and wisdom.”;
and
Whereas the United States has joined with the Governments of Britain, France, and Germany in calling for a meeting of the IAEA Board of Governors to discuss Iran’s non-compliance with its IAEA safeguards obligations:
Now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That Congress—
(1) condemns the many failures of the Government of Iran to comply faithfully with its nuclear nonproliferation obligations, including its obligations under the Safeguards Agreement (as reported by the Director General of the IAEA to the IAEA Board of Governors since 2003), its suspension commitments under the Paris Agreement, and prior commitments to the EU-3 to suspend all enrichment- and reprocessing- related activities;
Query: “Many failures ... since 2003”?
47. Since October 2003, Iran has taken corrective actions with respect to those breaches.
Mohamed ElBaradei (IAEA Director General), Report to the IAEA Board of Governors, Implementation of the NPT Safeguards Agreement in the Islamic Republic of Iran, ¶ 47, page 10 (IAEA Doc. GOV/2006/15, February 27 2006, derestricted March 8 2006) {80kb.pdf}.
CJHjr note: These are procedural reporting disputes, not any violation of the substantive provisions of the treaty. Iran meanwhile reported everything the IAEA says it should have reported, even those things Iran says it has no obligation to report.
36. As noted in the Director General’s November 2004 report {IAEA GOV/2004/83, 15 November 2004, 239kb.pdf}, since December 2003, Iran has facilitated, in a timely manner, Agency access under its Safeguards Agreement and Additional Protocol to nuclear materials and facilities, as well as to other locations in the country, and has permitted the Agency to take environmental samples as requested by the Agency. Iran still maintains some restrictions on the issuance of multiple entry visas to designated inspectors. As of August 2005, Iran had agreed to provide fifteen designated inspectors with such visas.
37. Iran has, since October 2003, provided the Agency upon its request, and as a transparency measure, access to certain additional information and locations beyond that required under its Safeguards Agreement and Additional Protocol.
Mohamed ElBaradei (IAEA Director General), Report to the IAEA Board of Governors, Implementation of the NPT Safeguards Agreement in the Islamic Republic of Iran, ¶¶ 36-37, page 9 (IAEA Doc. GOV/2005/67, 2 September 2005) {94kb.pdf}.
_______________
Query: “Suspension commitments”?
The E3/EU recognise Iran’s rights under the NPT exercised in conformity with its obligations under the Treaty, without discrimination. ...
The suspension will be sustained while negotiations proceed on a mutually acceptable agreement on long-term arrangements.
The E3/EU recognize that this suspension is a voluntary confidence building measure and not a legal obligation.
Paris Agreement, page 3 (November 15 2004) (IAEA Doc. INFCIRC/637, 26 November 2004) {80kb.pdf}.
And see Permanent Mission of the Islamic Republic of Iran to the United Nations and other International Organizations in Vienna, letter dated August 1 2005, to the IAEA, reporting failure of negotiations and resumption of uranium conversion under IAEA Safeguards), IAEA Doc. INFCIRC/648 (1 August 2005) {101kb.pdf}. See also Gordon Prather, “Anti-Iranian Hysteria” (LewRockwell.com, October 10 2005).
My, my.
An agreement, which assured Iran, and promised Iran, that “the E3/EU recognise Iran’s rights under the NPT.”
Now what more?
Could Iran possibly want?
Iran, in a timely manner, submitted its proposal to the E3/EU, on March 23 2005 (detailed in INFCIRC/648, linked just above, page 3).
But the E3/EU did not submit their promised proposal.
By the end of July, Iran learned, what the E3/EU had in mind, and declared negotiations had failed.
A week later, the E3/EU submitted their proposal.
Now why did Iran announce the failure of negotiations, under the Paris Agreement?
Could this be the reason?
The E3/EU proposal:
34. As Iran will have an assured supply of fuel over the coming years, it will be able to provide the confidence needed by making a binding commitment not to pursue fuel cycle activities other than the construction and operation of light water power and research reactors.
E3/EU proposal under the Paris Agreement, page 23, ¶ 34, “Framework for a Long-Term Agreement Between the Islamic Republic of Iran and France, Germany & the United Kingdom, with the Support of the High Representative of the European Union” (August 5 2005) (IAEA Doc. INFCIRC/651, 8 August 2005) {235kb.pdf} {copy}.
No different, {copy} from {pf} Brazil —
No different, from Japan —
No different, from Germany, Netherlands —
Enriching uranium, for electricity plant fuel, is one of “Iran’s rights under the NPT.”
Which the E3/EU claimed they recognized.
But then proceeded to deny Iran, by their proposal.
The next decades will see an enormous amount of money, spent all over the world, buying nuclear electricity plants, and the fuel to power them.
But few of the world’s 191 countries can foresee — or are willing to risk — dealing with a cartel of thugs and hoodlums, who view most countries in the world as some species of enemy.
They want an honest supplier.
For their nuclear electricity plants.
A honorable supplier, they can trust.
To honor their agreements.
And not suddenly turn their electricity plants into a herd of $5 billion White Elephants.
With sanctions.
On the fuel to power them.
On the parts to complete them.
On the repairs, maintenance, and safety modifications they will require.
Over their long lives.
Iran has declared:
We are a major player in the oil and gas sector.
We will be a player in the nuclear field.
A lot of countries will be mighty glad to see them play.
That’s my guess.
–CJHjr
(2) commends the efforts of the Governments of France, Germany, and the United Kingdom to seek a meaningful and credible suspension of Iran’s enrichment- and reprocessing- related activities and to find a diplomatic means to address the non-compliance of the Government of Iran with its obligations, requirements, and commitments related to nuclear non-proliferation;
Query: “Non-compliance”?
Paragraph F of the resolution reaffirmed the report of the Director General that
“good progress has been made in Iran’s corrections of the breaches and in the Agency’s ability to confirm certain aspects of Iran's current declarations.”
... Iran extended a vast and sincere cooperation with the Agency to resolve the outstanding questions.
Different reports by the DG and even the current resolution referred to this reality.
Returning to the year 2003 by this Board resolution and mentioning the failures and also aggrandizement of them could only emanate from the political motivations and ignoring all the progress that the Agency made in that regard.
Besides that the DG {Director General} in his reports clearly expressed that the Iranian peaceful nuclear activities had no diversions to the prohibited purposes.
Neither the DG nor the inspectors have used the term “non-compliance” regarding the implementation of safeguards in Iran.
Therefore the use of the term “non-compliance” in the Beard resolution is a clear deviation from the objectivities and has no legal basis.
Contradiction and Legal Problems of the Board of Governors Resolution on the Implementation of the NPT Safeguard Agreement in the Islamic Republic of Iran September 2005 (GOV/2005/77), pages 7-8 (November 4 2005) (Permanent Mission of the Islamic Republic of Iran to the United Nations and other International Organizations in Vienna, IAEA Doc. INFCIRC/661, 17 November 2005) {401kb.pdf (image only), 275kb.pdf (image+text)}.
–CJHjr
(3) strongly urges the IAEA Board of Governors, at its special meeting on February 2, 2006, to order that Iran’s noncompliance with its safeguards obligations be reported to the United Nations Security Council {IAEA draft resolution}; and
(4) calls on all members of the United Nations Security Council, in particular the Russian Federation and the People’s Republic of China, to act expeditiously to consider any report of Iran’s noncompliance in fulfillment of the mandate of the Security Council to respond to and deal with situations bearing on the maintenance of international peace and security.
Query: “Respond to and deal with”?
An excellent suggestion.
Here are some paragraphs, for Russia and China, to table at the U.N. Security Council, to provide context (which the U.S. Congress omits to mention), for Iran’s pre-2003 secret activities:
The Security Council:
1. Condemns the United States of America, and Israel, for their threats to attack Iran’s nuclear sites; and demands they withdraw their threats; failing which all member states of the United Nations shall, beginning one-month from today, bar entrance, into their territory, of any official of either state, including their unofficial officials and agents (except for the two states themselves, who may admit their returning nationals and residents).
2. Condemns the United States of America, for its wilful non-compliance with its obligations under the Non-Proliferation Treaty, to assist other parties to that treaty, to develop peaceful nuclear industries, including:
(a) The wilful breach by the United States of America of its contract, to supply Iran with a nuclear reactor and fuel to power it, thereby forcing Iran to develop a large nuclear infrastructure, otherwise unnecessary, including a nuclear fuel cycle, because United States of America has demonstrated, that no nation can trust the United States of America, or its allies, to provide the fuel and technology they promise to provide.
(b) The wilful sanctions enforced by the United States of America, to prevent Iran from obtaining the materials, it has the lawful right under the treaty to obtain, necessary to develop a peaceful nuclear industry.
3. Condemns the United States of America, for forcing Iran to resort to international countermeasures, to remedy the unlawful wrongs done to it: to deal in the black market, with dubious characters, to purchase what it is lawfully entitled to purchase on the open market; and to secret these activities from the IAEA, in its reasonable defense against the continuous unlawful acts by the United States of America, and other nations under its sway, which frustrate and prevent Iran from pursuing its lawful business, guaranteed to it by the NPT, to develop a peaceful nuclear industry.
4. Condemns the United States of America, for nullifying and destroying the NPT treaty they agreed to obey, and its important object, to promote and facilitate the peaceful use of nuclear energy, under safeguards to prevent proliferation of nuclear weapons, including the wilful violation by the United States of America of this provision it agreed to obey:
2. All the Parties to the Treaty undertake to facilitate, and have the right to participate in, the fullest possible exchange of equipment, materials and scientific and technological information for the peaceful uses of nuclear energy. Parties to the Treaty in a position to do so shall also cooperate in contributing alone or together with other States or international organizations to the further development of the applications of nuclear energy for peaceful purposes, especially in the territories of non-nuclear-weapon States Party to the Treaty, with due consideration for the needs of the developing areas of the world.
Treaty on the Non-Proliferation of Nuclear Weapons, Article 4(2) (Vienna, June 19 1973) {25kb.pdf, 25kb.pdf}, status {12kb.pdf}, declarations {68kb.pdf}.
–CJHjr
{End of Congressional Record text.}
S. Con. Res. 78 {S.Con.Res.78.es, 11kb.txt, 33kb.pdf} (U.S. Congress 109-2): Senate concurrent resolution, “Condemning the Government of Iran for violating its international nuclear nonproliferation obligations and expressing support for efforts to report Iran to the United Nations Security Counsel {Council},” adopted without committee hearing or markup, floor debate or vote, 152 Congressional Record S251-S252 (submitted) {11kb.txt, 56kb.pdf}, S253-S254 (adopted) {12kb.txt, 54kb.pdf} (January 27 2006, daily edition 152:7, U.S. Congress 109-2) {SuDoc: X/A.109/2:152/7}. Received by the House and referred to the House Committee on International Relations {S.Con.Res.78.rfh, 11kb.txt, 32kb.pdf}, 152 Congressional Record H3 (received) {2kb.txt, 64kb.pdf}, H19 (referred) {1kb.txt, 40kb.pdf} (January 31 2006, daily edition 152:9, U.S. Congress 109-2) {SuDoc: X/A.109/2:152/9, ISSN: 0363-7239, LCCN: 80646573, OCLC: 02437919, GPOcat, LL: paper, microfiche, DL, WorldCat}.
{152 Congressional Record H337-H338 (February 16 2006)}:
Resolution of Condemnation Regarding Iran
* * *
Mr. Hyde {written statement, 152 Cong. Rec. H350}. This resolution is closely modeled on a resolution, Senate Concurrent Resolution 78, introduced in the Senate by ... a bipartisan group totaling 32 Senators, and adopted unanimously on January 27.
Our colleague, Representative Ros-Lehtinen of Florida, has worked with me and other members of the House Committee on International Relations, including our distinguished ranking Democrat, the gentleman from California, Mr. Lantos, on this resolution.
She has updated the text of the Senate resolution in the light of recent events and in the light of the understanding that we in the House have about Iran’s actions and intentions.
* * *
Condemning the Government of Iran for Violating Its International Nuclear Nonproliferation Obligations and Expressing Support for Efforts to Report Iran to the United Nations Security Counsel
Whereas Iran is a non-nuclear-weapon State Party to the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968 (commonly referred to as the “Nuclear Non-Proliferation Treaty”) {25kb.pdf}, under which Iran is obligated, pursuant to Article II of the Treaty,
“not to receive the transfer from any transferor whatsoever of nuclear weapons or other nuclear explosive devices or of control over such weapons or explosive devices directly, or indirectly; not to manufacture or otherwise acquire nuclear weapons or other nuclear explosive devices; and not to seek or receive any assistance in the manufacture of nuclear weapons or other nuclear explosive devices”;
Whereas Iran signed the Agreement Between Iran and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons, done at Vienna June 19, 1973 (commonly referred to as the “Safeguards Agreement”) {81kb.pdf}, which requires Iran to report the importation and use of nuclear material, to declare nuclear facilities, and to accept safeguards on nuclear materials and activities to ensure that such materials and activities are not diverted to any military purpose and are used for peaceful purposes and activities;
Whereas the International Atomic Energy Agency (IAEA) reported in November 2003 that Iran had been developing an undeclared nuclear enrichment program for 18 years and had covertly imported nuclear material and equipment, carried out over 110 unreported experiments to produce uranium metal, separated plutonium, and concealed many other aspects of its nuclear facilities and activities;
Whereas the Government of Iran informed the Director General of the IAEA on November 10, 2003, of its decision to suspend enrichment-related and reprocessing activities, and stated that the suspension would cover all activities at the Natanz enrichment facility, the production of all feed material for enrichment, and the importation of any enrichment-related items;
Whereas in a Note Verbale dated December 29, 2003, the Government of Iran specified the scope of suspension of its enrichment and reprocessing activities, which the IAEA was invited to verify, including the suspension of the operation or testing or any centrifuges, either with or without nuclear material, at the Pilot Fuel Enrichment Plant at Natanz, the suspension of further introduction of nuclear material into any centrifuges, the suspension of the installation of new centrifuges at the Pilot Fuel Enrichment Plant and the installation of centrifuges at the Fuel Enrichment Plant at Natanz, and, to the extent practicable, the withdrawal of nuclear material from any centrifuge enrichment facility;
Whereas on February 24, 2004, the Government of Iran informed the IAEA of its decision to expand the scope and clarify the nature of its decision to suspend to the furthest extent possible the assembly and testing of centrifuges and the domestic manufacture of centrifuge components, including those related to existing contracts, informed the IAEA that any components that are manufactured under existing contracts that cannot be suspended will be stored and placed under IAEA seal, invited the IAEA to verify these measures, and confirmed that the suspension of enrichment activities applied to all facilities in Iran;
Whereas the IAEA Board of Governors’ resolution of March 13, 2004, which was adopted unanimously, noted with “serious concern that the declarations made by Iran in October 2003 did not amount to the complete and final picture of Iran’s past and present nuclear programme considered essential by the Board’s November 2003 resolution”, and also noted that the IAEA has discovered that Iran had hidden more advanced centrifuge associated research, manufacturing, and testing activities, two mass spectrometers used in the laser enrichment program, and designs for hot cells to handle highly radioactive materials;
Whereas the same resolution also noted “with equal concern that Iran has not resolved all questions regarding the development of its enrichment technology to its current extent, and that a number of other questions remain unresolved”;
Whereas in November 2004, the Governments of the United Kingdom, France, and Germany entered into an agreement with Iran on Iran’s nuclear program (commonly referred to as the “Paris Agreement”), securing a formal commitment from the Government of Iran to voluntarily suspend uranium enrichment operations in exchange for discussions on economic, technological, political, and security issues;
Whereas on August 29, 2005, Iran’s Atomic Energy Organization announced it has mastered the technique of using biotechnology to extract purer uranium, adding that this method “substantially decreases the cost . . . in the process that leads to the production of yellowcake”, which is a part of the early stages of the nuclear fuel cycle;
Whereas Article XII.C of the Statute of the IAEA requires the IAEA Board of Governors to report the noncompliance of any member of the IAEA with its IAEA safeguards obligations to all members and to the Security Council and General Assembly of the United Nations;
Whereas Article III.B-4 of the Statute of the IAEA specifies that “if in connection with the activities of the Agency there should arise questions that are within the competence of the Security Council, the Agency shall notify the Security Council, as the organ bearing the main responsibility for the maintenance of international peace and security”;
Whereas on September 24, 2005, the IAEA Board of Governors adopted a resolution finding that Iran’s many failures and breaches of its obligations to comply with the Safeguards Agreement constitute noncompliance in the context of Article XII.C of the Statute of the IAEA and that matters concerning Iran’s nuclear program have given rise to questions that are within the competence of the Security Council as the organ bearing the primary responsibility for the maintenance of international peace and security;
Whereas President of Iran Mahmoud Ahmadinejad expressed, in an October 26, 2005, speech, his hope for “a world without America” and his desire “to wipe Israel off the map” and has subsequently denied the existence of the Holocaust;
Whereas on January 3, 2006, the Government of Iran announced that it planned to restart its nuclear research efforts;
Whereas in January 2006, Iranian officials, in the presence of IAEA inspectors, began to remove IAEA seals from the enrichment facility in Natanz, Iran;
Whereas Secretary of State Condoleezza Rice stated, “[i]t is obvious that if Iran cannot be brought to live up to its international obligations, in fact, the IAEA Statute would indicate that Iran would have to be referred to the U.N. Security Council”;
Whereas President Ahmadinejad stated, “The Iranian government and nation has no {152 Cong. Rec. H338} fear of the Western ballyhoo and will continue its nuclear programs with decisiveness and wisdom.”;
Whereas the United States joined with the Governments of Britain, France, and Germany in calling for a meeting of the IAEA Board of Governors to discuss Iran’s noncompliance with its IAEA safeguards obligations;
Whereas on February 4, 2006, Resolution GOV/2006/14 {44kb.pdf} of the IAEA Board of Governors relayed an “absence of confidence that Iran’s nuclear programme is exclusively for peaceful purposes resulting from the history of concealment of Iran’s nuclear activities, the nature of those activities and other issues arising from the Agency’s verification of declarations made by Iran since September 2002”;
Whereas Resolution GOV/2006/14 {44kb.pdf} further expressed “serious concern that the Agency is not yet in a position to clarify some important issues relating to Iran’s nuclear programme, including the fact that Iran has in its possession a document on the production of uranium metal hemispheres, since, as reported by the Secretariat, this process is related to the fabrication of nuclear weapon components”;
Whereas on February 4, 2006, the IAEA Board of Governors reported Iran’s noncompliance with its IAEA safeguards obligations to the Security Council;
Whereas Iran has, since February 4, 2006, taken additional steps confirming its unwillingness to comply with its nuclear nonproliferation obligations; and
Whereas Iran has been designated a state sponsor of terrorism for over two decades and the Department of State has declared in its most recent Country Reports on Terrorism that Iran “remained the most active state sponsor of terrorism”:
Now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That Congress—
(1) condemns in the strongest possible terms the many breaches and failures of the Government of Iran to comply faithfully with its nuclear nonproliferation obligations, including its obligations under the Agreement Between Iran and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non- Proliferation of Nuclear Weapons, done at Vienna June 19, 1973 (commonly referred to as the “Safeguards Agreement”), as reported by the Director General of the IAEA to the IAEA Board of Governors since 2003;
(2) commends the efforts of the Governments of France, Germany, and the United Kingdom to seek a meaningful and credible suspension of Iran’s enrichment- and reprocessing- related activities and to find a diplomatic means to address the non-compliance of the Government of Iran with its obligations, requirements, and commitments related to nuclear nonproliferation;
(3) calls on all members of the United Nations Security Council, in particular the Russian Federation and the People’s Republic of China, to expeditiously consider and take action in response to the report of Iran’s noncompliance in fulfillment of the mandate of the Security Council to respond to and deal with situations bearing on the maintenance of international peace and security;
(4) declares that Iran, through its many breaches for almost 20 years of its obligations under the Safeguards Agreement, has forfeited the right to develop any aspect of a nuclear fuel cycle, especially with uranium conversion and enrichment and plutonium reprocessing technology, equipment, and facilities;
(5) calls on all responsible members of the international community to impose economic sanctions designed to deny Iran the ability to develop nuclear weapons; and
(6) urges the President to keep Congress fully and currently informed concerning Iran’s violation of its international nuclear nonproliferation obligations.
* * *
Mr. Paul {152 Cong. Rec. H340}. I do not quite have the concern that others have expressed that Iran is on the verge of having a nuclear weapon.
They have never been found in violation.
There has been a lot of talk and a lot of accusation, but technically they have never been found in any violation.
* * *
Mr. McDermott {written statement, 152 Cong. Rec. H348}. Mr. Speaker, some time yesterday, a Member introduced House Concurrent Resolution 341.
Earlier today, without benefit of hearings or markup by any committee or subcommittee of the House, it was brought to the floor and the vast majority of members voted for it. ...
If Iran’s leaders want to insist that they only seek to produce electricity, we should work with the IAEA to make sure there are so many inspectors assigned to Iran that they can’t produce anything except electricity. ...
Had there been hearings, I believe that the difficulties with this approach would have been identified.
But once again, the Republican House leadership hasn’t bothered with regular process, hasn’t bothered with hearings and witnesses or even markups and amendments.
The Republican leadership doesn’t want to hear dissent, doesn’t want to hear concerns, doesn’t want to hear anything but “yes, sir!” ...
* * *
{End of Congressional Record text.}
H. Con. Res. 341 {H.Con.Res.341.eh, 14kb.txt, 37kb.pdf} (U.S. Congress 109-2): House concurrent resolution, “Condemning the Government of Iran for violating its international nuclear nonproliferation obligations and expressing support for efforts to report Iran to the United Nations Security Council,” submitted: “Public Bills and Resolutions,” 152 Cong. Rec. H332 (February 15 2006), debate and vote, without committee hearing or markup, “Resolution of Condemnation Regarding Iran,” 152 Congressional Record H337-H351 {150kb.txt, 154kb.pdf} (February 16 2006, daily edition 152:20, U.S. Congress 109-2) {SuDoc: X/A.109/2:152/20}, House roll call vote 109-2:12 (404/4/4/20) (February 16 2006, 11:31 a.m.), 152 Cong. Rec. H350-H351. Received by the Senate and referred to the Senate Committee on Foreign Relations {H.Con.Res.341.rfs, 14kb.txt, 42kb.pdf}, 152 Congressional Record S1411 {45kb.pdf} (“Messages from the House”) {3kb.txt}, (“Measures Referred”) {2kb.txt} (February 16 2006, daily edition 152:20, U.S. Congress 109-2) {SuDoc: X/A.109/2:152/20}.
Personal Explanation
Michael Everett Capuano: Mr. Speaker, I was prepared today to vote for this resolution but a late language change has made that impossible.
The phrase “and take action” was added to paragraph three which now reads:
“calls on all members of the United Nations Security Council ... to expeditiously consider and take action ... to respond to and deal with situations bearing on the maintenance of international peace and security”
(emphasis added).
Because of that change, I cannot support this resolution.
However, since I do believe that Iran poses a serious threat to the world and demands the attention of the world, I could not vote against the proposal.
Therefore, I voted “present.”
I strongly agree that Iran poses a real security threat to the world and I encourage continued vigilance.
However, I have real concerns that the wording of this resolution might be interpreted by the Bush administration as all that is necessary to take military action.
Although the day may come when I do support such action, today is not that day.
I do not trust the Bush administration to come back to Congress if they wish to pursue military action.
My lack of trust is, unfortunately, based on past actions.
I voted to support military action against Afghanistan but the President is insisting today that Congress in so voting also granted him the legal authority to intercept telephone calls and other forms of communication without a warrant.
I completely reject that assertion and I am concerned with future interpretations of H. Con. Res. 341.
I regret that I cannot trust the President of the United States to use military force prudently and when all nonviolent means have been exhausted.
I regret that I cannot support this resolution.
Michael Everett Capuano, written statement, “Personal Explanation,” 152 Congressional Record H351 {3kb.txt, 47kb.pdf} (February 16 2006, daily edition 152:20, U.S. Congress 109-2) {SuDoc: X/A.109/2:152/20}.
Query: “Come back to Congress”?
Your distrust is well placed:
His daddy said it’s no business of Congress.
If the U.N. Security Council orders a country to do something.
And they won’t do it.
Then the U.S. President, he said, has “inherent power,” under the U.S. Constitution, to attack that country.
And he doesn’t need any permission from Congress, to do it.
Or, more precisely, to order somebody else to do it (U.S. Military, CIA).
Naturally.
And, of course, with somebody else’s money.
Not his.
The Court is not prepared to read out of the Constitution the clause granting to the Congress, and to it alone, the authority “to declare war.”
Dellums v. Bush, 752 F.Supp. 1141, 1146 (D.D.C., December 13 1990).
This system will not hurry us into war; it is calculated to guard against it. It will not be in the power of a single man, or a single body of men, to involve us in such distress; for the important power of declaring war is vested in the legislature at large: this declaration must be made with the concurrence of the House of Representatives: from this circumstance we may draw a certain conclusion that nothing but our national interest can draw us into a war.
James Wilson (subsequently a Justice of the first U.S. Supreme Court), December 11 1787, The Debates in the Convention of the State of Pennsylvania, on the Adoption of the Federal Constitution, 2 Elliot's Debates 528 {text, pages 415-546: 343kb.html} {LCCN: 78325363}.
We have already given in example one effectual check to the Dog of war, by transferring the power of letting him loose from the executive to the Legislative body, from those who are to spend to those who are to pay.
Thomas Jefferson to James Madison, letter dated Paris, September 6 1789, Thomas Jefferson Papers at the Library of Congress, Series 1, General Correspondence, 1651-1827, March 15 1789 to November 30 1789, image 912-919 of 1242, at 918; transcribed: Paul Leicester Ford (editor), The Works of Thomas Jefferson (Federal Edition, 1904-05, 12 volumes) {LCCN: 06015404}.
A White House spokesman said he was not aware of any reconsideration of previously stated Administration policy not to request a resolution from Congress similar to the one adopted by the United Nations Security Council authorizing the use of force to remove Iraq from Kuwait.
Clifford Krauss, “Top Bush Advisers Called In to Meet on Iraq Strategy” (New York Times, January 2 1991, page A1, at A8).
The House Speaker, Thomas S. Foley, ... and Senator George J. Mitchell of Maine, the Democratic majority leader, returned to Capitol Hill from a White House breakfast with President Bush ... and maintained that Mr. Bush had no legal authority to order an attack on Iraq without Congressional approval first.
They noted that he had disagreed, again today, with that view of the Constitution.
Adam Clymer, “102d Congress Opens, Troubled on Gulf but Without a Consensus” (New York Times, January 4 1991, page A1).
Question: Do you think you need such a resolution?
And if you lose it, would you be bound by that?
The President: I don’t think I need it.
I think Secretary Cheney expressed it very well the other day.
There are different opinions on either side of this question, but Saddam Hussein should be under no question on this:
I feel that I have the authority to fully implement the United Nations resolutions.
Question: And the question of being bound — the second part of that?
The President: I still feel that I have the constitutional authority — many attorneys having so advised me.
George H.W. Bush (U.S. President, Jan. 20 1989-1993 Jan. 20), “The President’s News Conference on the Persian Gulf Crisis” (White House, Briefing Room, January 9 1991, 3:55 p.m.), 1991 PPPUS 17-23, at 20 (book 1) {15kb.txt, 27kb.pdf} {54kb.html, copy} {Public Papers of the Presidents of the United States: George Bush, 1991 (book 1), SuDoc: AE 2.114:991/BK.1, ISSN: 0079-7626, LCCN: 58061050, OCLC: 22445077, 1198154, GPOcat, LL: paper, DL, WorldCat}.
George H.W. Bush: As I made clear to congressional leaders at the outset, my request for congressional support did not, and my signing this resolution does not, constitute any change in the long-standing positions of the executive branch on either the President’s constitutional authority to use the Armed Forces to defend vital U.S. interests or the constitutionality of the War Powers Resolution.
George H.W. Bush (U.S. President, Jan. 20 1989-1993 Jan. 20), “Statement on Signing the Resolution Authorizing the Use of Military Force Against Iraq” (White House, January 14 1991), 1991 PPPUS 40 (book 1) {3kb.txt, 17kb.pdf} {40kb.html, copy} {SuDoc: AE 2.114:991/BK.1}, concerning H.J. Res. 77 (U.S. Congress 102-1), Public Law 102-1, 105 Stat. 3 (January 14 1991).
George H.W. Bush: I have great respect for Congress, and I prefer to work cooperatively with it whenever possible.
Though I felt after studying the question that I had the inherent power to commit our forces to battle after the U.N. resolutions, I solicited congressional support before committing our forces to the Gulf war.
George H.W. Bush (U.S. President, Jan. 20 1989-1993 Jan. 20), “Remarks at Dedication Ceremony of the Social Sciences Complex at Princeton University in Princeton, New Jersey” (Princeton New Jersey, May 10 1991), 27 WCPD 589, 590 {SuDoc: AE 2.109:v.27 ap-je 1991}, 1991 PPPUS 496-499, at 497 (book 1) {15kb.txt, 17kb.pdf} {40kb.html, copy} {SuDoc: AE 2.114:991/BK.1}.
George H.W. Bush: Some people say:
Why can’t you bring the same kind of purpose and success to the domestic scene?
As you did in Desert Shield?
And Desert Storm?
And the answer is:
I didn’t have to get permission.
From some old goat.
In the United States Congress.
To kick Saddam Hussein out of Kuwait.
That’s the reason.
Audience members:
Four more years!
Four more years!
Four more years!
George H.W. Bush (U.S. President, Jan. 20 1989-1993 Jan. 20), “Remarks at the Texas State Republican Convention in Dallas, Texas” (Dallas Convention Center, June 20 1992, 4:06 p.m.), 1992-93 PPPUS 993-996 at 995 (book 1) {18kb.txt, 37kb.pdf} {43kb.html, copy} {SuDoc: AE 2.114:992-93/BK.1}.
See S/Res/678 (U.N. Security Council, November 29 1990) {177kb.pdf}: “The Security Council, ... 2. Authorizes Member States co-operating with the Government of Kuwait, unless Iraq on or before 15 January 1991 fully implements, as set forth in paragraph 1 above, the above-mentioned resolutions, to use all necessary means to uphold and implement resolution 660 ({August 2} 1990) {87kb.pdf} and all subsequent relevant resolutions and to restore international peace and security in the area.”
See David M. Ackerman (Legislative Attorney, American Law Division), Richard F. Grimmett (Specialist in National Defense; Foreign Affairs, Defense, and Trade Division), Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications, pages 14-16 (Congressional Research Service, U.S. Library of Congress, Order Code: RL31133, updated January 14 2003) {443kb.pdf, copy}.
Source note: The two New York Times articles, and George H.W. Bush’s Princeton speech, are cited in J. Gregory Sidak, “To Declare War,” 41 Duke Law Journal 27-121, at 43 note 75 (1991) {6754kb.pdf}, cited by the court in Koohi v. United States, 976 F.2d 1328, at 1334 (9th Cir., No. 90-16107, October 8 1992) (Iran Air Flight 655, July 3 1988, 290 victims).
____________________
His daddy claimed it’s no business of Congress.
If his daddy said so.
If there is a U.N. Security Council resolution.
But his daddy’s son claims, it’s no business of Congress, or the Security Council, either one.
If he says so:
George W. Bush: I sought an additional resolution of support from the Congress to use force against Iraq, should force become necessary.
While I appreciate receiving that support, my request for it did not, and my signing this resolution does not, constitute any change in the long-standing positions of the executive branch on either the President’s constitutional authority to use force to deter, prevent, or respond to aggression or other threats to U.S. interests or on the constitutionality of the War Powers Resolution.
George W. Bush (U.S. President, Jan. 20 2001-2009 Jan. 20), “Statement by the President” {pf} (written “signing statement,” dated White House, October 16 2002), retitled “Statement on Signing the Authorization for Use of Military Force Against Iraq Resolution of 2002,” 38:42 WCPD 1779 {4kb.txt, 37kb.pdf, copy} (claiming legal authority, without consent of Congress, to order the U.S. military, CIA, paramilitary, and private contractors, “to use force to deter ... threats to U.S. interests”), concerning H.J. Res. 114 (U.S. Congress 107-2), Public Law 107-243, 116 Stat. 1498-1502 (October 16 2002) {15kb.txt, 36kb.pdf}, not mentioned in “President Signs Iraq Resolution” {pf} (White House, East Room, October 16 2002, 11:17-11:30 a.m.) {video 14:28, audio 13:32}, retitled “Remarks on Signing the Authorization for Use of Military Force Against Iraq Resolution of 2002,” 38:42 WCPD 1777-1779 {10kb.txt, 44kb.pdf, copy} {Weekly Compilation of Presidential Documents (purl), SuDoc: AE 2.109:38/42, ISSN: 0511-4187, LCCN: 65009929, OCLC: 1769543, GPOcat, LL: paper, DL, WorldCat}.
Query: “Threats”?
John Negroponte (Director of National Intelligence), testimony, Current and Projected National Security Threats to the United States (U.S. Congress 109-2, Senate Select Committee on Intelligence, Hearing, February 2 2006); ditto, testimony, Current and Future Worldwide Threats to the National Security of the United States (U.S. Congress 109-2, Senate Armed Services Committee, Hearing, February 29 2006).
Condoleezza Rice: And in a year of peaceful and patient efforts, the United States has broadened the diplomatic consensus on the threat posed by Iran’s nuclear program.
Condoleezza Rice (U.S. Secretary of State), opening statement, The President's Budget for Foreign Affairs (Senate Foreign Relations Committee, Hearing, February 15 2006), accord prepared statement {74kb.pdf}.
George W. Bush {2:38}: When you see a threat, you got to deal with it, before it hurts you. ...
I see a threat in Iran. ...
The threat from Iran is, of course, their stated objective to destroy our strong ally, Israel.
That’s a threat.
A serious threat.
It’s a threat to world peace.
It’s a threat, in essence, to a strong alliance.
I made it clear and I’ll be making it clear again, that we will use military might to protect our ally, Israel, and—
[Applause].
At any rate, our objective is to solve this issue diplomatically.
And so our message must be a united message.
A message from, not only the United States but also, Great Britain and France and Germany as well as Russia, hopefully, and China.
In order to say, loud and clear, to the Iranians:
“This is unacceptable behavior.
Your desire to have a nuclear weapon is unacceptable.”
And so to answer your question, I take a practical view of doing the job you want me to do.
Which is—
How do we defeat an enemy that still wants to hurt us.
And how do we deal with threats before they fully materialize.
What do we do to protect us from harm?
That’s my job.
George W. Bush, “President Discusses War on Terror and Operation Iraqi Freedom” {pf)} (March 20 2006, 12:25-1:56 p.m. EST) {video 1:30:18, at 35:42}, retitled “Remarks to the City Club of Cleveland and a Question-and-Answer Session in Cleveland, Ohio,” 42:12 WCPD 498-516, at 505 {77kb.txt, 114kb.pdf, copy} {SuDoc: AE 2.109:42/12}.
John Bolton {0:23} The United States has maintained for close to 4 years now, that Iran’s program constitutes a threat to international peace and security.
That remains our position.
John Bolton (U.S. U.N. Representative), interviewed in a media stakeout, shortly before a 3:30 p.m. private Security Council meeting, before Security Council meeting 5403 (March 29 2006, 4:30-4:35 p.m.) {U.N. webcast, Security Council, video, 23:09, at 7:09 (Bolton), 9:30 (Q/A: Lederer/Bolton), 10:20 (quote)}.
House International Relations Committee: Iran is the state which poses the most critical security threat to the United States.
Iran Freedom Support Act, page 9 (U.S. Congress 109-2, House Report No. 109-417, House International Relations Committee, April 25 2006).
George W. Bush: When Ahmadinejad speaks, we need to take it seriously,
And when he says he wants to destroy Israel, the world needs to take that very seriously.
It’s a serious threat.
It’s a threat to an ally of the United States and Germany.
But what he’s also saying is, if he’s willing to destroy one country, he’d be willing to destroy other countries.
And, therefore, this is a threat that has got to be dealt with. ...
My first choice is to solve this diplomatically.
I think we can.
But all options are on the table.
George W. Bush (U.S. President, Jan. 20 2001-2009 Jan. 20), “Interview of the President by Kai Diekmann of BILD” {pf} (White House, Oval Office, May 5 2006, 1:55-2:40 p.m. EDT), retitled “Interview With Kai Diekmann of BILD,” 42:19 WCPD 874-883, at 880 {77kb.txt, 114kb.pdf, copy} {SuDoc: AE 2.109:42/19}.
John Bolton Iran’s unrelenting pursuit of nuclear weapons poses a grave and direct threat to international peace and security ...
We must treat the threat they pose to our friends and allies in the region and beyond with the utmost gravity.
John Bolton (U.S. U.N. Representative), testimony, Senate Foreign Relations Committee, (July 27 2006) {44kb.html, copy, 45kb.pdf}.
John Bolton {0:13}: The pursuit of nuclear weapons by Iran constitutes a direct threat to international peace and security.
John Bolton (U.S. U.N. Representative), statement, following adoption of S/Res/1696 (U.N. Security Council, Meeting 5500, Wednesday, July 31 2006) {11kb.html, copy, S/PV.5500} {U.N. video, 1:18:17, 9:07-12:48, at 10:24-10:38}.
John Bolton {1:03}: But it’s also clear, that in this resolution — 1696 — that the council has made a declaratory statement of policy, and has made it mandatory on Iran, that it must suspend its uranium enrichment, and reprocessing activities.
So, from that perspective, the resolution itself clearly grants authority, and imposes a mandatory obligation, on Iran.
John Bolton (U.S. U.N. Representative), media stakeout, following adoption of S/Res/1696 (U.N. Security Council lobby, July 31 2006) {11kb.html, copy} {11kb.html, copy, S/PV.5500} {U.N. video, 9:12, at 3:30-4:34}.
See scenario 1. –CJHjr
See Charlie Savage, “Bush Challenges Hundreds of Laws” (Boston Globe, April 30 2006); Charlie Savage, “Cheney Aide Is Screening Legislation: Adviser Seeks to Protect Bush Power” (Boston Globe, May 28 2006).
The purpose of George W. Bush’s signing statement is to create doubt.
About the President’s legal authority.
So that U.S. military commanders can be threatened, with a criminal prosecution, for mutiny, if they refuse to obey an order — e.g., to attack Iran.
See “Mutiny or sedition” (10 U.S.C. § 894) (Uniform Code of Military Justice, Article 94); “Revolt or mutiny of seamen” (18 U.S.C. § 2193).
Without this signing statement, it’s obvious to anybody, that an offensive war is unlawful (under U.S. law), unless Congress approves it. (It can be criminal under international law, even if Congress does approve it, if it’s an aggressive war, or a war in violation of a treaty).
The signing statement challenges the obvious, and the uncertainty it creates imperils U.S. military officers, who have to judge — at their peril — whether a military court martial would hold their commander-in-chief’s order to be unlawful.
The remedy for this, is for Congress to enact a new crime of inciting mutiny:
To issue, transmit, or obey an order, to initiate or continue an offensive armed attack, without approval by Congress.
And for Congress to create a permanent independent prosecutor, to prosecute this crime, and in the U.S. Federal District Courts (not a court martial in a military court).
See, generally, Walter E. Dellinger III (Assistant Attorney General, OLC), “The Legal Significance of Presidential Signing Statements,” Memorandum for Bernard N. Nussbaum, Counsel to the President (U.S. Department of Justice, Office of Legal Counsel, November 3 1993), 17 Op. Off. Legal Counsel 131 (volume 17, page 131, 1999) {Opinions of the Office of Legal Counsel of the United States Department of Justice, SuDoc: J 1.5/4:17-18, ISSN: 0270-2134, LCCN: 80643741, OCLC: 6289282, GPOcat, LL: paper, DL, WorldCat}, reprinted in “Memorandum for Bernard N. Nussbaum, Counsel to the President” (“November 3 1993, From: Walter Dellinger, Re: Presidential Signing Statements”), 48 Arkansas Law Review 333-346 (1995) {abstract, 705kb.pdf}. See also Dawn E. Johnsen (Acting Assistant Attorney General, OLC, 1997-1998; Deputy Assistant, 1993-1996), “Presidential Non-Enforcement of Constitutionally Objectionable Statutes,” 63 Law and Contemporary Problems 7 (Winter/Spring 2000) {abstract}.
In all this hawk talk, something is missing. ...
There is a reason the Founding Fathers separated the power to conduct war from the power to declare it.
The reason is just such a ruler as George W. Bush, a man possessed of an ideology and sense of mission that are not necessarily coterminous with what is best for his country.
Under our Constitution, it is Congress — not the president — who decides on war. ...
It is time for Congress to tell President Bush, directly, that he has no authority to go to war on Iran.
And to launch such a war would be an impeachable offense. ...
If Congress lacks the courage to do its constitutional duty, it should stop whining about imperial presidents.
Because—
Like the Roman Senate of Caesar’s time—
It will have invited them.
And it will deserve them.
Patrick J. Buchanan, “Of Imperial Presidents and Congressional Cowards” {copy} (WND: WorldNetDaily, April 28 2006). And see Paul Craig Roberts, “Endgame for the Constitution” (CounterPunch, May 2 2006) {copy}: “Unless Bush is impeached and turned over to the war crimes court in the Hague, Americans will never reclaim their liberties from an executive branch that has established itself as the sole judge of the limits of its powers.”
–CJHjr
____________________
• H. Con. Res. 391 {H.Con.Res.391.ih, 8kb.txt, 36kb.pdf} (U.S. Congress 109-2): House concurrent resolution, “Expressing the sense of Congress that the President should not initiate military action against Iran with respect to its nuclear program without first obtaining authorization from Congress,” introduced and referred to the House Committee on International Relations, “Public Bills and Resolutions,” 152 Congressional Record H1851-H1853, at H1852 {19kb.txt, 83kb.pdf} (April 26 2006, daily edition 152:47, U.S. Congress 109-2) {SuDoc: X/A.109/2:152/47}.
____________________
• H. Res. 782 {H.Res.782.ih, 4kb.txt, 31kb.pdf} (U.S. Congress 109-2): House resolution, “Expressing the sense of the House of Representatives that the United Nations Security Council should sanction Iran for its noncompliance with the Nuclear Non-Proliferation Treaty,” introduced and referred to the House Committee on International Relations, “Public Bills and Resolutions,” 152 Congressional Record H1851-H1853, at H1852-H1853 {19kb.txt, 83kb.pdf} (U.S. Congress 109-2, daily edition 152:47, April 26 2006) {SuDoc: X/A.109/2:152/47}.
____________________
• H. Res. 846 {H.Res.846.ih, 4kb.txt, 31kb.pdf} (U.S. Congress 109-2): House resolution, “Requesting the President and directing the Secretary of State to provide to the House of Representatives certain documents in their possession relating to strategies and plans either designed to cause regime change in or for the use of military force against Iran,” introduced and referred to the House Committee on International Relations, “Public Bills and Resolutions,” 152 Congressional Record H3306-H3308 {pf}, at H3308 {27kb.txt, 66kb.pdf} (U.S. Congress 109-2, daily edition 152:67, May 25 2006) {SuDoc: X/A.109/2:152/67}. Rejected, by an adverse report, by the Committee (details).
____________________
Here’s a tabloid caricature.
Inciting hatred.
Fear.
And war.
A word cartoon and essay.
By a Julius Streicher of our day:
By CJHjr: Formatting (xhtml/css), bold-face, links, highlighting, text {in braces}, text beside a green bar ( ), text in yellow boxes.
This document is not copyrighted and may be freely copied.
Charles Judson Harwood Jr.
Posted Jan. 29 2006. Updated Jan. 31 2007.
http://homepage.ntlworld.com/jksonc/docs/iran-nuclear-congress-un-resolutions-war-power.html
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