international law
Israeli AI ‘using WhatsApp data’ to target Gaza families for bomb strikes
‘Lavender’ AI set to prioritise hitting targets at home with their families and is said to be using WhatsApp data for its process – but how is Israel getting hold of it?
Israel’s AI system for targeting people for murder in Gaza uses WhatsApp data among its targeting criteria, according to a report in the Israeli 972 magazine and analysis by Paul Biggar of Tech for Palestine.
The platform is marketed as encrypted ‘end to end’, supposedly offering complete security, and WhatsApp told Middle East Monitor that:
WhatsApp has no backdoors and we do not provide bulk information to any government. For over a decade, Meta has provided consistent transparency reports and those include the limited circumstances when WhatsApp information has been requested. Our principles are firm – we carefully review, validate and respond to law enforcement requests based on applicable law and consistent with internationally recognized standards, including human rights.
However, a 2021 Freedom of Information Request to the FBI revealed that WhatsApp’s owner provides ‘near real-time’ information to US authorities – not the content of messages in most cases, but of who is sending and receiving messages:
WhatsApp will produce certain user metadata, though not actual message content, every 15 minutes in response to a pen register [a special type of federal request], the FBI says. The FBI guide explains that most messaging services do not or cannot do this and instead provide data with a lag and not in anything close to real time: “Return data provided by the companies listed below, with the exception of WhatsApp, are actually logs of latent data that are provided to law enforcement in a non-real-time manner and may impact investigations due to delivery delays.”
This potentially fits with reports in Israeli media that Israel is using an artificial intelligence platform named ‘Lavender’ to identify thousands of human targets in Gaza and flag them for an airstrike, with WhatsApp data forming a key part of the AI’s decision process, based on the WhatsApp connections of supposed ‘militants’ – and that the system is designed to kill large numbers of civilians. One source told 972 that when Lavender identifies a target, Israeli forces:
bombed them in homes without hesitation, as a first option. It’s much easier to bomb a family’s home. The system is built to look for them in these situations.
But of course, people are in WhatsApp groups of all kinds of topics and for all kind of reasons – and merely being in a group which has a ‘militant’ member is no guarantee of any kind of ‘guilt’ – even if the right to resist occupation is disregarded, as Israel, the US and UK do.
This pattern raises the possibility that Israel is obtaining WhatsApp data, whether directly or from the US government. Another possibility is that Israel is accessing the data through the notorious ‘Pegasus’ hacking programme that has been shown to target WhatsApp users, hijacking their phones through WhatsApp even, in the later Pegasus versions, if they don’t open any suspicious links. Journalists, politicians, human rights activists and others are known to have been hacked by governments using the software, including its use by the Saudis against dissident Saudi journalist Jamal Khashoggi.
So serious was the issue that in 2021 tech firm Apple sued NSO, the maker of Pegasus, for targeting Apple users. NSO claimed that the software is used only against ‘terrorists’ – as which Israel, the UK, US and some others have designated Palestinian resistance groups – but there is clearly no guarantee that the definition of ‘terrorist’ is not extended in practice to anyone targeted by Israel. Biggar has accused WhatsApp’s owners of breaking international law and violating human rights.
Facebook, which belongs to the same Meta parent group as WhatsApp, has been accused of shutting down the circulation of pro-Palestinian and anti-Zionist posts and treating the term ‘Zionist’ as hate speech. In 2020, the company admitted changing its algorithms to filter out left-wing news and analysis from users’ feeds while allowing right-wing propaganda to flow unchecked.
However Israel is accessing the WhatsApp data it is said to be using to target Palestinians and their families, undoubtedly a war crime, the news that it is doing so is a warning for those who dissent from Establishment narratives and use ‘private’ messaging services to do so.
Meta continued its statement to Middle East Monitor:
Our principles are firm – we carefully review, validate and respond to law enforcement requests based on applicable law and consistent with internationally recognized standards, including human rights.
The US and UK governments, however, continue to insist that Israel is following international law and recognised human rights standards, even as it murders tens of thousands of civilians, mostly women and children.
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Israeli media: Israel ‘totally defeated’ – and terrified of Iran
Source close to discussions about Iran says millions would be fleeing Israel if they knew what was being said
Israeli media are often far more honest about what their country is doing – and what is going on in it – than western ‘mainstream’ media are about the same issues. While UK ‘msm’ still maintain the lie that Hamas ‘beheaded babies’ and raped women on 7 October, Israeli media sometimes freely discuss the truth – and frequently and openly write about the ‘immense’ numbers of Israelis killed that day by the Israeli military.
And now, Israeli media are discussing two further truths that will not be aired by UK broadcasters or printed by UK papers.
First, Haaretz – one of Israel’s major dailies – has splashed a headline concluding that Israel has lost – totally lost – the ‘war’, the genocide, it has been raining down on the innocent civilians of Gaza. Lost so badly that Israel cannot be secure – and will not either regain by force the captives taken by Hamas, or end its pariah status:
And second, journalists with sources close to the Israeli regime’s discussions about Iran – which yesterday achieved a measured but compelling attack on Israel in retaliation for Israel’s bombing of Iran’s consulate in Damascus – are saying openly that those discussions are so terrifying that if the Israeli populace knew what was being said, millions of them would be flooding Israel’s main international airport to try to get out of the country:
The UK government, opposition and media are incorrigibly dishonest about Israel’s genocide and its terrible consequences for the millions of innocents in Gaza and the West Bank – and the ruination of both Israel’s and the West’s always-thin pretence as democratic, humane and law-abiding. But the truth is out there – and will percolate through.
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Video: friend of Israel Hodge says ‘very few dare’ in Labour to support Palestine
Newly-uncovered video from Labour’s last conference shows shocking comment – and Hodge falsely claiming fellow right-winger Luciana Berger needed ‘police protection’ to move around 2018 conference
A Times Radio video clip reveals right-wing Labour MP Margaret Hodge – who has continued to accept funds from Labour Friends of Israel to visit the country even during Israel’s genocide of Palestinians – telling interviewer John Pienaar that ‘very very few’ people within the Labour party ‘are daring to express support’ for Palestinians.
The clip, which does not appear to have been circulated before now, was posted by Steve Powers after he found it couched in a much longer video from the Murdoch station. Hodge then goes on to repeat the long-debunked claim, still (of course) widely circulated by right-wingers and the so-called ‘mainstream’ media, that former Labour/Tinge party/LibDem MP Luciana Berger needed a police escort to ‘get around’ the 2018 party conference, the last one she had attended before deserting the party:
Merseyside Police confirmed at the time that there was no special police detail for Berger, whom Keir Starmer has welcomed back into the party despite her efforts to prevent a Labour victory in 2019.
But even more damning is the arrogance of the claim – no doubt accurate under Starmer’s Stalinist, pro-genocide regime – just as Israel was preparing to launch its genocide, that ‘very very few’ would now ‘dare’ to show support for Palestinians.
Within the rotting shell that now passes for Labour, that may be correct – but the millions marching every weekend for freedom for Palestinians and an end to Israel’s war crimes make clear that Starmer’s Labour, like the blue version of the Tories, is utterly out of touch with the three quarters of the UK public who despise the murderousness that has killed and maimed more than 100,000 civilians, mostly women and children, and the apartheid states’s contempt for international law and want the genocide to end.
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Yemen ‘promises Iran 400,000 troops’ in event of regional war
Fighters “ready to completely blockade the Red Sea and target US bases in Africa and the Middle East”, says Iran Observer
Image: Iran Observer
Yemen has promised Iran the support of 400,000 troops if regional war breaks out after Israel’s bombing of the Iranian embassy in Syria to murder a top Iranian military officer, Iran Observer Twitter/X account has said this afternoon. The account, which has 233,000 followers and appears to have access to a stream of information from within the region, notes that Yemen has recruited 200,000 additional fighters since Israel began its genocidal assault on the Palestinians in Gaza and says that the fighters are:
ready to completely blockade the Red Sea and target US bases in Africa and the Middle East.
The news came as Hezbollah leader Hassan Nasrallah in Lebanon appeared to warn that the group’s relative restraint so far in the face of Israel’s attacks on homes and bases in Lebanon had run out and that ‘all scenarios’ are possible. Yemen’s Houthis have been attacking – in response to the International Court of Justice’s findings against Israel – Israel-bound and -owned shipping off its coast, undeterred by attacks by the UK and US, whose governments continue to collude in Israel’s genocide in Gaza, which has killed and maimed well over 100,000 people so far, mostly women and children, and has put more than two million into famine.
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Video: Israel’s ‘error’ killing of WCK food aid workers was 3 attacks over 1.5 miles
‘Error’? The facts say different but western governments still complicit
Israel has claimed that its slaughter of seven World Central Kitchen food aid workers was an ‘error’ and says it is investigating. The attack consisted of three separate bombings – across a distance of 2.4km.
And as a White House correspondent pointed out in questions to government spokesperson John Kirby this evening, the attacks were spread across time, too – with the first strike hitting one vehicle then two more as survivors tried to escape with their wounded in the remaining two: an attack designed to make sure no one got out of it alive:
The ‘error’ also happens to have achieved Israel’s objective of cutting off the only remaining significant supply of food to the two million civilians of Gaza – WCK fed some half million Palestinians – after Netanyahu ordered his forces to prevent any shipping of food by UN agency UNRWA.
Yet the US and UK political establishments remain more than happy to collude in Israel’s fictions – and to allow the war criminals to investigate themselves. The UK has not even ordered Israel’s far-right ambassador to appear to explain Israel’s actions, despite at least one UK citizen being among the murder victims.
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Labour frontbencher McFadden: Israel is an ally and Labour will continue arms sales
Sky News shows Starmer’s Labour happy to turn blind eye to clear genocide
Pat McFadden, a Starmer front-bencher, has made clear during an interview with Sky News this morning that Labour considers Israel an ‘ally’ and is happy to continue selling weapons to the genocidal regime if Labour gets into government.
And McFadden – who must know, like the rest of the country since last weekend’s leaked recording, that the government has already been told by its lawyers that Israel is committing genocide in Gaza and is covering it up – tried to hide behind the government’s failure to state the obvious, to excuse his and his boss’s readiness to keep providing Israel with arms that are killing Palestinians and international aid workers:
Video grab by Saul Staniforth, subtitling by Skwawkbox
McFadden also blathered about hostages, even though it is clear that Netanyahu and co are killing Israeli hostages as well as tens of thousands of Palestinian civilians – and, of course, did not once refer either to the International Court of Justice (ICJ) findings against Israel, Israel’s flouting of the ICJ’s orders to end its starvation and bombing of Gaza, or the UN Special Rapporteur for occupied Palestine’s confirmation that Israel is, as we all knew, committing genocide.
McFadden is a vice-chair of the Zionist group Labour Friends of Israel of which Keir Starmer is an avid supporter – or as it should now accurately be named, Labour: friends of genocide.
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Graham cuts Community section out of top Unite representation
Rule change pushed by general secretary means members of Unite’s groundbreaking section for unemployed people and voluntary section can no longer sit on ‘highest committees’
Unite general secretary Sharon Graham has been heavily criticised for her bizarre letter to all the union’s staff last month, attempting to undermine a number of criticisms that have been levelled at her and her management of the union. The letter was described by union insiders as ‘unhinged’ and a ‘rant’ – and it backfired heavily.
As Skwawkbox has already covered, Graham told recipients that the union under her will always prioritise jobs in the weapons industry above the fight to stop Israel’s genocide in Gaza. Her letter also claimed that an unfavourable interim financial report had been faked wholesale and that the forger had gone to the extent of copying the font and layout of actual reports to fool members. The union did not respond to an enquiry whether it stood by the claim despite the screenshots of the report appearing to show that it was found on the union’s official ‘Sharepoint’ network. The letter also claimed the union’s financial value was ‘pushing up towards half a billion pounds’ – but insiders say that the value was already around half a billion when she took over two and a half years ago.
Graham also used the letter to attack the membership figures published by the union’s previous management – compared to which she has been accused of losing members – as ‘phony’. Yet insiders also say that the person responsible for compiling and reporting those figures to the management in those days was… Sharon Graham, then Unite’s head of organising.
And the letter also flags a major attack by the union’s management on Unite’s unique ‘Community’ section, the first attempt to bring in unemployed people, disabled people, voluntary and other unwaged workers into the union movement.
Unite Community, around 20,000 strong, has played a vital role in the union’s industrial actions, as members have often had the flexibility to be able to support striking workers by participating in pickets that many others could not get to. Unite Community members have also tended to be among the most politicised and radical – a tendency that puts them at odds with a general secretary who insists that Unite should not be ‘political’ and who has been accused of ever-increasing cosiness with ‘red Tory’ Keir Starmer.
And members have long feared that Ms Graham does not want the section as part of the ‘workplace only’ union she said she was going to create. She reportedly denied this during her election campaign and shortly after – but a section of her letter to organisers, staff and officers contained news of a major attack on the status of Unite Community within the union and the opportunity for its members to have a meaningful voice in Unite’s decisions.
Graham wrote:
Following the Rules Conference, only people who are elected representatives of workers from within a workplace(s) will be eligible to sit on our highest committees. This will ensure that decisions being taken are decisions that workplace representatives want the Union to take. This will be communicated in the coming weeks.
At a stroke, Unite Community members have been ruled out of standing for senior positions in Unite, depriving them – and the millions they represent – of a real say in Unite’s decisions and policies.
Sharon Graham seemed to be trying to put out fires through her bizarre and self-justifying letter. But she seems instead to have stoked them higher and lit new ones.
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In pictures: Liverpool turns out in force for Gaza
Large gathering dominates famous station frontage as crowd chants for an end to Israel’s genocide
Hundreds turned out on Easter Saturday to demonstrate at Liverpool’s famous Lime Street Station today to demand an end to Israel’s genocide and war crimes against the Palestinian people in Gaza. The first real spring day did justice to the banners and flags and the large crowd was supplemented by passers-by as shoppers paused to find out more and then join in:
Liverpool Community Independents leader Alan Gibbons is a stalwart of the Gaza protests
Liverpool women hold ‘babies’ to symbolise Israel’s slaughter of Gaza’s children
The protest came in a week where a growing number of countries reinstated their support for the UN’s Gaza relief agency UNRWA – and as Ireland, the ancestral home of so many scousers, announced that it would formally join South Africa’s genocide case against Israel.
According to human rights agency Euro Med Monitor, Israel has already killed well over 40,000 civilians in Gaza, mostly women and children, and has wounded and maimed at least twice that number, with the death toll now accelerating even further as the famine imposed by Israel on Gaza’s two million plus inhabitants bites. Israel continues to flout international law and is now ignoring the International Court of Justice’s orders to allow immediate, unfettered, mass access of humanitarian aid and has blocked UNRWA’s access to distribute and deliver, while allowing far-right Israeli groups to block shipments and using starvation as a weapon.
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Graham tells staff/organisers Unite will always put arms jobs before fighting Gaza genocide
‘Unhinged’ letter to all staff, organisers and officers includes ‘disgusting’ section about Palestine
Unite general secretary Sharon Graham has sent a letter to all the union’s staff, organisers and officers that has been described as an ‘unhinged’ attempt to counter criticisms. Skwawkbox will publish analysis of the various sections separately – and will first cover what Unite figures have described as Graham’s ‘disgusting’ comments on Israel’s slaughter of Palestinian civilians in Gaza.
The letter claims that Graham and Unite have led on opposition to the mass murder in Gaza – despite Graham being widely criticised for her silence on the issue and insiders saying that she had to be pressured into a proper statement on Gaza at all.
And the section, which is titled ‘Palestine’, goes on to make clear that while Unite has given a one-off donation (one that Skwawkbox understands was given suddenly and without approval by Unite’s elected executive) to Doctors without Borders, Ms Graham and the union under her will always prioritise defence industry jobs above any outside issues, despite the union’s official, democratic position in support of sanctions and a boycott against Israel.
The full section reads:
Palestine
Of all the issues that have been used in these attacks, probably the most abhorrent is the attempted weaponisation of the conflict and the deaths of thousands of innocent civilians and the collective punishment of the people of Gaza.
Unite, through the General Secretary and the Chair of the Union and the Executive Council, was the first major union to publicly and unambiguously call for a permanent ceasefire in Gaza. We were very clear. We have watched on with horror the bombardment and destruction of Gaza, and the unbearable terror, suffering and death of its innocent civilians. We have been unequivocal that the deliberate killing of civilians, hostage-taking and collective punishment are war crimes and should be identified as such.
Unite has also donated £50,000 to Médecins Sans Frontières/ Doctors Without Borders specifically to help the many victims of this horrific conflict. Most recently the General Secretary has written to the Palestinian General Federation of Trade Unions (PGFTU) offering our solidarity after the horrific bombing of their Gaza headquarters which, alongside providing services to workers, was also functioning as a kindergarten and bakery.
However, we cannot and will not endorse any organisation which decides unilaterally and without any discussion (let alone agreement) with the workers themselves, to support the targeting of our members’ workplaces or their jobs. To be clear, this will not happen. No outside body, no matter what their political position, will be allowed to dictate terms to our Union and our members.
It is important to highlight here that it is a core principle of Unite that as a trade union the ‘first claim’ on our priorities is always the protection and advancement of our members’ interests at work. It is very simple. Unite cannot and never will advocate or support any course of action which is counter to that principle. We are a trade union, not a political party or single-issue campaign group.
Therefore, there is no contradiction for a trade union to hold a position of solidarity with Palestinian workers, while at the same time refusing to support campaigns that target our members’ workplaces without their support. Similarly, we cannot be expected to affiliate to organisations that actively work against our members and their jobs.
Examples include groups that look to build networks inside trade unions to undermine the defence industry or demand the disbandment of NATO and AUKUS. Whatever anyone may think personally about those objectives is irrelevant. We are a trade union with thousands of members employed in the defence industry. It is the views of affected members that take precedence in a trade union. That will not change and nor should it. Unite members have recently been attacked directly, been spat at and called “child killers”. We cannot and will not endorse this.
Emphases added
One furious senior insider told Skwawkbox:
She’s effectively saying members working in defence don’t care if what they make ends up killing women and children in Gaza – only jobs matter. Has she bothered asking any of them?
Another said:
Unite’s official position, democratically reached repeatedly at conference and confirmed again just last summer, is that it supports Boycott, Divestment and Sanctions against Israel. We didn’t add ‘except where it might affect defence jobs’. We’ve also voted for the end of trade agreements with Israel. This is disgusting by Sharon.
Sharon Graham has been alleged by insiders to have:
- banned Unite officials and national banners from pro-Gaza protests
- banned and smeared films and books exposing the ‘Labour antisemitism’ scam
- placed an official under investigation who refused to cancel a Palestine solidarity fringe event at Labour’s 2023 annual conference
- told her chief of staff to threaten a soon-to-retire official with the loss of a pension bonus if he did not soften his support for Palestinians
Her supporters also prevented debate and votes on Gaza at a meeting of the union’s elected executive earlier this month.
According to human rights group Euro Med Monitor, since 7 October last year Israel has killed over 40,000 Palestinians in Gaza and wounded more than double that number, overwhelmingly women and children and many of them with life-changing injuries, while Gaza’s health and school systems have been bombed into collapse, often using US- and UK-made weapons and systems. More than a million people have been forcibly displaced and Gaza is in famine because of Israel’s blockade of food and vital supplies. Israel is formally on trial for genocide before the International Court of Justice and ordered to stop its slaughter – and has been found by UN human rights investigators to be committing genocide.
Unite was contacted for comment but did not respond by the press deadline.
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Failed ICJ Case Against Russia Backfires, Paves Way for Genocide Charges Against Ukraine
As January became February, the International Court of Justice (ICJ) delivered a pair of legal body blows to Ukraine and its Western backers. First, on January 31, it ruled on a case brought by Kiev against Russia in 2017, which accused Moscow of presiding over a campaign of “terrorism” in Donbas, including the July 2014 downing of MH17. It also charged that Russia racially discriminated against Ukrainian and Tatar residents of Crimea following its reunification with Moscow.
The ICJ summarily rejected most charges. Then, on February 2, the Court made a preliminary judgment in a case where Kiev accused Moscow of exploiting false claims of an ongoing genocide of Russians and Russian speakers in Donbas to justify its invasion. Ukraine further charged the Special Military Operation breached the Genocide Convention despite not itself constituting genocide. Almost unanimously, ICJ judges rejected these arguments.
Western media universally ignored or distorted the substance of the ICJ rulings. When outlets did acknowledge the judgments, they misrepresented the first by focusing prominently on the accepted charges while downplaying all dismissed allegations. The second was wildly spun as a significant loss for Moscow. The BBC and others focused on how the Court agreed that “part” of Ukraine’s case could proceed. That this “part” is the question of whether Kiev itself committed genocide in Donbas post-2014 was unmentioned.
Ukraine’s failed lawfare effort was backed by 47 EU and NATO member states, leading to the farce of 32 separate international legal teams submitting representations to The Hague in September 2023. Among other things, they supported Kiev’s bizarre contention that the Donetsk and Lugansk People’s Republics were comparable to Al-Qaeda. Judges comprehensively rejected that assertion. Markedly, in its submitted arguments, Russia drew attention to how the same countries backing Kiev justified their illegal, unilateral destruction of Yugoslavia under the “responsibility to protect” doctrine.
This may not be the only area where Ukraine and its overseas sponsors are in trouble moving forward. A closer inspection of the Court’s rulings comprehensively discredits the established mainstream narrative of what transpired in Crimea and Donbas following the Western-orchestrated Maidan coup in February 2014.
In sum, the judgments raise serious questions about Kiev’s eight-year-long “anti-terrorist operation” against “pro-Russian separatists,” following months of vast protests and violent clashes throughout eastern Ukraine between Russian-speaking pro-federal activists and authorities.
Damning finding after damning finding
In its first judgment, the ICJ ruled the Donbas and Lugansk People’s Republics were not “terrorist” entities, as “[neither] group has previously been characterized as being terrorist in nature by an organ of the United Nations” and could not be branded such simply because Kiev labeled them so. This gravely undermined Ukraine’s allegations of Russia “funding…terrorist groups” in Donbas, let alone committing “terrorist” acts there itself.
Other revelatory findings reinforced this bombshell. The ICJ held that Moscow wasn’t liable for committing or even failing to prevent terrorism, as the Kremlin had no “reasonable grounds to suspect” material provided by Ukraine, including details of “accounts, bank cards and other financial instruments” allegedly used by accused “terrorists” in Donbas, were used for such purposes. Moscow was also ruled to have launched investigations into “alleged offenders” but concluded they “d[id] not exist… or their location could not be identified”.
Nonetheless, the ICJ ruled that Moscow had failed “to investigate allegations of the commission of terrorism financing offenses by alleged offenders present in its territory.” This was due to the Kremlin not providing “additional information” upon Kiev’s request and failing to “specify to Ukraine what further information may have been required.” Ironically, judges conversely condemned Kiev’s allegations of “terrorism” by Russia as “vague and highly generalized,” based on highly dubious evidence and documentation, including – strikingly – Western media reports:
The Court has held that certain materials, such as press articles and extracts from publications, are regarded ‘not as evidence capable of proving facts.’
The ICJ was also highly condemnatory of the quality of witnesses and witness evidence produced by Kiev to support these charges. Judges were particularly scathing of Ukraine’s reliance on testimony supporting a systematic, state-sanctioned “pattern of racial discrimination” discrimination against Ukrainians and Tatars in Crimea since 2014. Statements attesting to this were “collected many years after the relevant events” and “not supported by corroborating documentation”:
The reports relied on by Ukraine are of limited value in confirming that the relevant measures are of a racially discriminatory character…Ukraine has not demonstrated… reasonable grounds to suspect that racial discrimination had taken place, which should have prompted the Russian authorities to investigate.
Elsewhere, Ukraine argued that “legal consequences” for residents of Crimea if they opted to maintain Ukrainian citizenship post-2014 and a “steep decline in the number of students receiving their school education in the Ukrainian language between 2014 and 2016,” amounting to an alleged 80% drop in the first year and a further 50% reduction in 2015, were signifiers of a discriminatory environment for non-Russians in the peninsula.
Ukrainian soldiers patrol alongsidethe Donbas Battalion, a Ukrainian militia, in Luhansk, July 26, 2014. Dmitry Lovetsky | AP
In support, Kiev submitted witness statements from parents claiming they were “subjected to harassment and manipulative conduct with a view to deterring” their children from receiving “instruction in Ukrainian,” which judges did not accept. By contrast, Moscow provided testimony not only demonstrating that parents made a “genuine” choice “not subject to pressure” to have their children taught in Russian but also “unresponsiveness on the part of parents to some teachers’ active encouragement [emphasis added] to continue having their children receive instruction in Ukrainian.”
The ICJ lent weight to these submissions, noting, “It is undisputed that no such decline has taken place with respect to school education in other languages, including the Crimean Tatar language.” Judges attributed much of the drop in demand for Ukrainian language “school instruction” to “a dominant Russian cultural environment and the departure of thousands of pro-Ukrainian Crimean residents to mainland Ukraine.” Moscow moreover “produced evidence substantiating its attempts at preserving Ukrainian cultural heritage and… explanations for the measures undertaken with respect to that heritage.”
Russia supplied documentation showing that “Ukrainian and Crimean Tatar organizations have been successful in applying to hold events” in the peninsula. In contrast, “multiple events organized by ethnic Russians have been denied.” Evidently, Russian authorities are even-handed towards Crimea’s population – the color of someone’s passport and their mother tongue are immaterial. On the same grounds, judges rejected Kiev’s accusation that “measures taken against Crimean Tatar and Ukrainian media outlets were based on the ethnic origin of the persons affiliated with them.”
Still, the Court contradictorily concluded Russia “violated its obligations of the International Convention on the Elimination of Racial Discrimination,” as Moscow “[did not demonstrate] that it complied with its duty to protect the rights of ethnic Ukrainians from a disparate adverse effect based on their ethnic origin.”
Kiev goes in for the kill
The ICJ has now effectively confirmed that the entire mainstream narrative of what happened in Crimea and Donbas over the previous decade was fraudulent. Some legal scholars have argued Ukraine’s acquittal on charges of genocide to be inevitable. Yet, many statements made by Ukrainian nationalists since Maidan unambiguously indicate such an intent.
Moreover, in June 2020, a British immigration court granted asylum to Ukrainian citizens who fled the country to avoid conscription. They successfully argued that military service in Donbas would necessarily entail perpetrating and being implicated in “acts contrary to the basic rules of human conduct” – in other words, war crimes – against the civilian population.
The Court’s ruling noted the Ukrainian military routinely engaged in “unlawful capture and detention of civilians with no legal or military justification…motivated by the need for ‘currency’ for prisoner exchanges.” It added there was “systemic mistreatment” of detainees during the “anti-terrorist operation” in Donbas. This included “torture and other conduct that is cruel, inhumane and degrading treatment.” An “attitude and atmosphere of impunity for those involved in mistreating detainees” was observed.
The judgment also recorded “widespread civilian loss of life and the extensive destruction of residential property” in Donbas, “attributable to poorly targeted and disproportionate attacks carried out by the Ukrainian military.” Water installations, it recorded, “have been a particular and repeated target by Ukrainian armed forces, despite civilian maintenance and transport vehicles being clearly marked…and despite the protected status such installations enjoy” under international law.
All of this could quite reasonably be argued to constitute genocide. Regardless, the British asylum judgment amply underlines who Ukraine was truly fighting all along – its own citizens. Moscow could furthermore reasonably cite recent disclosures from Angela Merkel and Francois Hollande that the 2014-15 Minsk Accords were, in fact, a con, never intended to be implemented, buying Kiev time to bolster its stockpiles of Western weapons, vehicles, and ammunition, as yet further proof of Ukraine’s malign intentions in Donbas.
The Accords did not provide for secession or independence for the Donetsk and Lugansk People’s Republics but for their full autonomy within Ukraine. Russia was named a mediator, not a party, to the conflict. Kiev was to resolve the dispute directly with rebel leaders. These were crucial legal distinctions about which Ukraine and its overseas backers were immensely displeased. They repeatedly attempted over subsequent years to compel Moscow to designate itself formally as a party to the conflict despite Russia’s minimal role in the conflict.
As a 2019 report published by the Soros-funded International Crisis Group (ICG), “Rebels Without A Cause” found, “the conflict in eastern Ukraine started as a grassroots movement… Demonstrations were led by local citizens claiming to represent the region’s Russian-speaking majority.” Moscow only began providing financial and material support to the rebels after Ukraine’s “counter-terror” operation in Donbas started in April 2014. And it was meager at that.
Volunteer pro-Russian fighters bring aid to civilians living in Donbas, February 01, 2022. Svetlana Kysilyova | Abaca | Sipa via AP
The ICG found that Russia’s position was consistent: the two breakaway republics remain autonomous subjects within Ukraine. This frequently put the Kremlin at significant odds with the rebel leadership, who acted in their own interests and rarely followed orders. The report concluded that Moscow was ultimately “beholden” to the breakaway republics, not vice versa. Rebel fighters wouldn’t put down their arms even if Vladimir Putin personally demanded them to.
Given present-day events, the report’s conclusions are eerie. The ICG declared the situation in Donbas “ought not to be narrowly defined as a matter of Russian occupation” and criticized Kiev’s “tendency to conflate” the Kremlin and the rebels. It expressed hope that newly-elected President Volodymyr Zelensky could “peacefully reunify with the rebel-held territories” and “[engage] the alienated east.”
The 2017 ICJ case explicitly concerned validating allegations of Russia’s direct, active involvement in Donbas. We are left to ponder whether this lawfare effort was intended to secure Kiev’s specious legal grounds for claiming it was invaded in 2014. After all, this could, in turn, have precipitated an all-out Western proxy war in Donbas of the kind that erupted in February 2022.
At the start of that month, French President Emmanuel Macron reaffirmed his commitment to Minsk, claiming he had Zelensky’s personal assurance it would be implemented. However, on February 11, talks between representatives of France, Germany, Russia, and Ukraine collapsed after nine hours without tangible results. Notably, Kiev rejected demands for “direct dialogue” with the rebels, insisting Moscow formally designate itself a party to the conflict in keeping with its past obstructionist position.
Then, as documented in multiple contemporary eyewitness reports from OSCE observers, mass Ukrainian artillery shelling of Donbas erupted. On February 15, alarmed representatives of the Duma, led by Russia’s influential Communist Party, formally requested that the Kremlin recognize the Donetsk and Lugansk People’s Republics. Putin initially refused, reiterating his commitment to Minsk. The shelling intensified. A February 19 OSCE report recorded 591 ceasefire violations over the past 24 hours, including 553 explosions in rebel-held areas.
Civilians were harmed in the strikes, and civilian structures, including schools, were apparently targeted directly. Meanwhile, that same day, Donetsk rebels claimed they thwarted two sabotage attacks by Polish-speaking operatives on ammonia and oil reservoirs in their territory. Perhaps not coincidentally, in January 2022, it was revealed that the CIA had been training a secret paramilitary army in Ukraine to carry out precisely such strikes in the event of a Russian invasion since 2015.
So, on February 21, the Kremlin formally accepted the Duma’s plea from a week earlier to recognize Donetsk and Lugansk as independent republics. And now here we are.
Feature photo | Pro-Russian Serviceman with a heavy machine gun observing the movement of Ukrainian troops from the advanced trenches of the people’s militia of the Donetsk People’s Republic in the Yasne village area, Donbas, February 11, 2022. Svetlana Kysilyova | Abaca | Sipa via AP2022. Svetlana Kisileva/Abaca/Sipa USA(Sipa via AP Images)
Kit Klarenberg is an investigative journalist and MintPress News contributor exploring the role of intelligence services in shaping politics and perceptions. His work has previously appeared in The Cradle, Declassified UK, and Grayzone. Follow him on Twitter @KitKlarenberg.
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