Thursday 28th of November 2024
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moral duty, be damned!.......

A legal ruling in Australia this week sentencing military whistleblower David McBride to 5 years imprisonment for disobeying orders to expose war crimes has stood the principles established at the Nuremberg trials on its head.

David McBride, found guilty, has been sentenced to 5 years and 8 months imprisonment (2 years 3 months non-parole). His offence? The refusal to just ‘follow orders.’

 

Australia abandons Nuremberg principles as post-war international order crumbles to ruin    By John Queripel

 

The only duty a soldier has is to follow orders whatever those orders may be. There is no higher obligation, and to think there is is to be accused of the arrogance of ‘knowing best.’ One must ‘operate within the constraints of the organisation,’ and those that do not, ‘must know that breaching their legal obligations … will be met by significant punishment.’ These are the words of Supreme Court Justice David Mossop in sentencing McBride.

Such mindset of course was the exact defence mounted by the Nazis facing trial in the Nuremberg Tribunal at the conclusion of WWII. That Tribunal found it to be no defence. Rather one was expected to act to a higher form of morality. To do so in the Nazi regime would likely be to sacrifice one’s life for a refusal to follow orders. Yet, that was the high bar set by those sitting in judgement at Nuremberg. Not in this case however.

It may be that David McBride’s motives were somewhat dubious in his release of material concerning the Afghan War, but the trial has come down to whether a soldier has an obligation to follow orders above all else. Mossop has found the answer to that in the affirmative. There can be no qualms of conscience or moral scruples which are permitted to stand in the way of such unquestioning obligation. David McBride stands condemned for believing that there are. He stands in that belief with the findings of Nuremberg.

Mossop’s ruling however, stands Nuremberg on its head. It gives succour to some of the worst criminals in history who pleaded, ‘but I was only following orders.’

McBride, it was clearly found, should have kept ethical queasiness to himself, put his head down, and just got on with the job, whatever was happening around him! The Sergeant Schultz, ‘I know nothing’ feinted ignorance.

The files that McBride released to the ABC, which were used in its, ‘The Afghan Files’ story, revealed that Australian soldiers were allegedly involved in horrendous war crimes while serving in Afghanistan. These allegations have been largely substantiated in the Brereton Report. That extensive 4 year enquiry found evidence of 25 Australian soldiers, primarily from the elite Special Forces were involved in 23 instances of war crimes, resulting in the deaths of 39 Afghan Civilians. We expect to read such of the WWII German military. To read it, even on a much smaller scale, carried out by Australian troops, comes as a shock.

The ABC was raided by the Australian Federal Police as a consequence of the story. Evidently this was all supposed to be swept under the carpet. Maintain decorum, and preserve blissful ignorance.

The Attorney-General Mark Dreyfus has refused to get involved, washing his hands, charging that he has nothing to do with it, as the Commonwealth Director of Public Prosecutions carries out its duties independently of the government.

Yet, of course he had the power at any stage to step in and order the charges brought by the Commonwealth be dropped. Shamefully he didn’t. The example of Pontius Pilate exemplified. Too late now of course. Separation of powers. Courts doing their duty independent of the executive.

Of course the other case which comes to mind in this is that of Julian Assange. It shall be interesting to see Australian credibility in urging the British, and probably later the US courts, regards Assange’s right to free speech, while David McBride sits incarcerated due both to the actions of the Australian legal system, and inaction of his own government. After all against McBride the Australian Government has run the same line as the U.S. against Assange

As the prophet long ago said, ‘the one who is prudent shall keep silent in such time for it is an evil time.’ (Amos 5:13).

How convenient a world with the voices of McBride and Assange silenced. Each have committed the worst crime, sharp exposure of the atrocities of the supposed ‘good.’

Nuremberg with all your scruples about moral duty, be damned!

https://johnmenadue.com/australia-abandons-nuremberg-principles-as-post-war-international-order-crumbles-to-ruin/

 

humanity?....

 

We are silencing our young people    By Helen McCue 

 

Western Australian Labor Senator Fatima Payman spoke for millions of Australians yesterday as she courageously and bravely broke the Federal Labor Parties code of silence and described in clear tones that Israel was committing genocide and that the Labor Party had to listen to the young of this country and take political action against Israel.

Born in Afghanistan and the daughter of Muslim migrants who struggled to educate their children she described herself in her maiden speech to Parliament in September 2022 as:

“ . . . a proud daughter of an immigrant and there are millions more like me. In fact, this great nation of ours was built on immigration. The service of my ancestors, the Afghan cameleers, allowed us to navigate the plains of this land. They were pioneers and I, too, will be a pioneer and walk in their footsteps to serve our nation as they did.”

Speaking out May 15, on the 75 anniversary of the Palestinian described Naqba or catastrophe, she was indeed a pioneer speaking of the horrific suffering of the people in Gaza as Israel continues its war describing it as a genocide. She called on the Prime Minister saying:

“We cannot be disconnected from the people of Australia, the young of this nation are telling us and we are silencing them. The future of this nation is speaking, and we are silencing them instead of advocating for justice.”

While Australia supported the United Nations General Assembly last week to take more progressive moves to recognise Palestine as a state, the Federal Government has yet to support many other nations including Israel’s immediate neighbours Egypt, Turkiye and Lebanon in South Africa’s Application to the ICJ of the Convention on the Prévention and Punishment of the Crime of Genocide in the Gaza Strip. There are many actions Australia could take against Israel including the list of actions called for by the ACTU:

• Using all influence, pressure, and diplomatic measures to achieve a permanent ceasefire.

• Ending all military trade with Israel

• Enacting targeted sanctions on Israeli officials who have called for the denial of aid, and military and civil servants denying essential food and materials to civilians of Gaza.

• Committing additional funding of $100 million in humanitarian assistance to Gaza and the West Bank

How can the Prime Minister continue to stay silent when such unspeakable, horrific, brutal torture of the people of Gaza is being carried out. At least 36,000 people killed and nearly 80,000 or more injured let alone the large numbers of people unaccounted for under the rubble. Most of the entire Gaza strip reduced to rubble by American made bombs. Over 200 aid workers killed, 254 UN workers and 122 journalists and media workers also killed. Now most hospitals are not working. For over a week no aid, that is basics fuel, water, flour, food and medicines, has been delivered, trucks stopped by the IDF and vicious uncontrolled settlers allowed to loot and burn aid trucks with the military standing by not taking any action to stop theses crimes. Around half a million terrified people have now left Rafah where they were told to go and shelter a couple of months ago by the IDF now having fled in terror they are cramped in the equally unsafe areas of al-Mawasi and Deir al-Balah.

Eman Mohamed is a maths teacher from Gaza described the situation in Deir al-Balah as abysmal and the crowding as unbearable with some people sleeping in the streets as there is no shelter and nowhere else to even make a tent. Waste water flows everywhere even between the tents and water that is available is polluted adding to the growing number of infections and people are dehydrated and starving. But the spirit of resilience is extraordinary even in such horrific conditions as he reported:

“The people in Gaza have endured endless cycles of hope and despair, and our hearts are weighed down by continual displacement and loss. Tears feel like a luxury we can’t afford, and the sense of helplessness is overwhelming as we struggle to survive in a world that seems indifferent to our suffering. Yet, amid the hardship, there is resilience. We cling to hope, knowing that each day brings us one step closer to relief and a ceasefire, even as our cities crumble around us:

Such courage and resilience is obvious in Senator Payman who in her maiden address to Parliament in September 2022 ended with a poem call in Dari ‘Bani Adam’ by Saadi Shirazi, which translates as ‘Children of Adam’.

It translates to:

  • Human beings are members of a whole
  • In creation of one essence and soul
  • If one member is afflicted with pain
  • Other members uneasy will remain
  • If you have no sympathy for human pain
  • The name of human you cannot retain

Are we uneasy? Have we no sympathy? Young people and millions of Australians taking to the streets weekly are uneasy and sympathetic, but when will the Australian Government find the unease and sympathy needed to take strong action against Israel, and rather than pathetic words that are sickening us all, act in the name of humanity?

 

https://johnmenadue.com/we-are-silencing-our-young-peoplepic-fatima-payman/

 

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protests rights.....

The Jewish Council of Australia said today the actions some universities are taking in response to anti-war students are a violation of students’ rights and freedoms. Deakin University and the Australian National University (ANU) have indicated they intend to dismantle the student camps. Students across the country are protesting in support of Palestinian people and against their institutions’ ties with Israel.

Management at the University of Melbourne yesterday threatened to call police on students, rather than meet with student representatives and hear their concerns. Some universities have begun penalising students and commencing disciplinary proceedings.

After seven months of horrific violence in Gaza, and as Israel pushes further into Rafah, students are calling on their universities to end their complicity with Israel’s crimes.

Universities cannot take isolated incidents to be representative of the encampments as a whole. Palestine solidarity camp student organisers have made clear that these are anti-war protests which are opposed to all forms of racism, including antisemitism. Far right agitators coming onto campuses to disrupt these encampments and escalate the situation are the risk to student safety.

University leaders need to reject the deceitful narrative that the anti-war protests make staff and students unsafe, and instead listen to students who are urging their institutions to stand on the right side of history.

Dr Elizabeth Strakosch, Executive Officer, Jewish Council of Australia:

“The current moral panic about campus antisemitism does not reflect the reality of the situation, and is being used as grounds to violate students’ rights and freedoms. Protests against Israel’s current military actions and strong criticisms of Zionism are legitimate political perspectives and are not antisemitic. This focus on antisemitism allows university leaders to direct attention away from the horror of the ongoing genocide, and the very real questions being asked about their military, financial and research ties to this genocide.”

“Bringing police onto campus to dismantle peaceful protests is an attack on freedom of speech and assembly. This is a critical moment where universities must make real their claim to be places of open debate and inquiry.”

“Antiwar protests pose no threat to Jews and it is important to note that Jewish students and staff have played significant roles in many of them. Such protests may make some students uncomfortable because they politically disagree, but that is not the same as racism and it is not grounds to shut them down. Instead, it is the reality of life in a democracy. Any violence observed on campus has typically been instigated by far-right agitators targeting the protestors, a concerning trend that university authorities appear to be overlooking.”

Dr Max Kaiser, Executive Officer, Jewish Council of Australia:

“Both Labor and Liberal parties are exacerbating community divisions by unfairly denigrating peaceful protesters. We call on both parties to recognise the diversity of views among Jewish Australians, rather than solely listening to lobbyists with a vested interest in stifling any criticism of Israel’s actions.”

“We urge university leadership to allow anti-war students to remain and to meet with representatives to listen to their demands, including divesting from weapons and military industries that prop up Israel’s war.”

 

Republished from The Jewish Council Australia, May 15, 2024.

https://johnmenadue.com/jewish-council-calls-for-universities-to-immediately-halt-actions-against-anti-war-students/

 

 

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