• Explainer: Is the UK a rogue state? 17 British policies violating domes

    From FBInCIAnNSATerroristSlayer@21:1/5 to All on Mon Jan 16 21:58:30 2023
    XPost: uk.sport.cricket, soc.culture.uk

    Especially for the lunatic clown Robert Henderson who thinks the EVIL
    BLOOD THIRSTY THIEVING ROGUE STATE is an angel.

    Everything about the WEST is FAKE, except their "genius fellatio
    expertise" regardless of their genders and age.

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    https://declassifieduk.org/explainer-is-the-uk-a-rogue-state-17-british-policies-violating-domestic-or-international-law/

    Explainer: Is the UK a rogue state? 17 British policies violating
    domestic or international law

    UK governments routinely claim to uphold national and international law.
    But the reality of British policies is quite different, especially when
    it comes to foreign policy and so-called ‘national security’. This explainer summarises 17 long-running government policies which violate
    UK domestic or international law.

    MARK CURTIS

    7 February 2020

    British foreign secretary Dominic Raab recently described the “rule of international law” as one of the “guiding lights” of UK foreign policy. By contrast, the government regularly chides states it opposes, such as
    Russia or Iran, as violators of international law. These governments are
    often consequently termed “rogue states” in the mainstream media, the supposed antithesis of how “we” operate.

    The following list of 17 policies may not be exhaustive, but it suggests
    that the term “rogue state” is not sensationalist or misplaced when it comes to describing Britain’s own foreign and “security” policies.

    These serial violations suggest that parliamentary and public oversight
    over executive policy-making in the UK is not fit for purpose and that
    new mechanisms are needed to restrain the excesses of the British state.
    The Royal Air Force’s drone war

    Britain’s Royal Air Force (RAF) operates a drone programme in support of
    the US involving a fleet of British “Reaper” drones operating since
    2007. They have been used by the UK to strike targets in Afghanistan,
    Iraq and Syria.

    Four RAF bases in the UK support the US drone war. The joint UK and US
    spy base at Menwith Hill in Yorkshire, northern England, facilitates US
    drone strikes in Yemen, Pakistan and Somalia. US drone strikes,
    involving an assassination programme begun by president Barack Obama,
    are widely regarded as illegal under international law, breaching
    fundamental human rights. Up to 1,700 civilian adults and children have
    been killed in so-called “targeted killings”.

    Amnesty International notes that British backing is “absolutely crucial
    to the US lethal drones programme, providing support for various US surveillance programmes, vital intelligence exchanges and in some cases
    direct involvement from UK personnel in identifying and tracking targets
    for US lethal operations, including drone strikes that may have been unlawful”.

    Chagos Islands

    Britain has violated international law in the case of the Chagos Islands
    in the Indian Ocean since it expelled the inhabitants in the 1960s to
    make way for a US military base on Diego Garcia, the largest island.

    Harold Wilson’s Labour government separated the islands from then
    British colony Mauritius in 1965 in breach of a UN resolution banning
    the breakup of colonies before independence. London then formed a new
    colonial entity, the British Indian Ocean Territory, which is now an
    Overseas Territory.

    In 2015, a UN Tribunal ruled that the UK’s proposed “marine protected area” around the islands — shown by Wikileaks publications to be a ruse
    to keep the islanders from returning — was unlawful since it undermined
    the rights of Mauritius.

    Then in February 2019, the International Court of Justice (ICJ) ruled in
    an advisory opinion that Britain must end its administration of the
    Chagos islands “as rapidly as possible”. The UN General Assembly adopted
    a resolution in May 2019 welcoming the ICJ ruling and “demanding that
    the United Kingdom unconditionally withdraw its colonial administration
    from the area within six months”. The UK government has rejected the calls. Defying the UN over the Falklands

    The UN’s 24-country Special Committee on Decolonisation — its principal body addressing issues concerning decolonisation — has repeatedly called
    on the UK government to negotiate a resolution to the dispute over the
    status of the Falklands. In its latest call, in June 2019, the committee approved a draft resolution “reiterating that the only way to end the
    special and particular colonial situation of the Falkland Islands
    (Malvinas) is through a peaceful and negotiated settlement of the
    sovereignty dispute between Argentina and the United Kingdom”.

    The British government consistently rejects these demands. Last year, it stated:

    “The Decolonisation Committee no longer has a relevant role to play with respect to British Overseas Territories. They all have a large measure
    of self government, have chosen to retain their links with the UK, and therefore should have been delisted a long time ago.”

    In 2016, the UN Commission on the Limits of the Continental Shelf issued
    a report finding that the Falkland Islands are located in Argentina’s territorial waters.
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    Israel and settlement goods

    Although Britain regularly condemns Israeli settlements in the occupied territories as illegal, in line with international law, it permits trade
    in goods produced on those settlements. It also does not keep a record
    of imports that come from the settlements — which include wine, olive
    oil and dates — into the UK.

    UN Security Council resolutions require all states to “distinguish, in
    their relevant dealings, between the territory of the State of Israel
    and the territories occupied since 1967”. The UK is failing to do this. Israel’s blockade of Gaza

    Israel’s blockade of Gaza, imposed in 2007 following the territory’s takeover by Hamas, is widely regarded as illegal. Senior UN officials, a
    UN independent panel of experts, and Amnesty International all agree
    that the infliction of “collective punishment” on the population of Gaza contravenes international human rights and humanitarian law.

    Gaza has about 1.8 million inhabitants who remain “locked in” and denied free access to the remainder of putative Palestine (the West Bank) and
    the outside world. It has poverty and unemployment rates that reached
    nearly 75% in 2019.

    Through its naval blockade, the Israeli navy restricts Palestinians’
    fishing rights, fires on local fishermen and has intercepted ships
    delivering humanitarian aid. Britain, and all states, have an obligation
    “to ensure compliance by Israel with international humanitarian law” in Gaza.

    However, instead of doing so, the UK regularly collaborates with the
    navy enforcing the blockade. In August 2019, Britain’s Royal Navy took
    part in the largest international naval exercise ever held by Israel,
    off the country’s Mediterranean shore. In November 2016 and December
    2017, British warships conducted military exercises with their Israeli
    allies.
    Exports of surveillance equipment

    Declassified revealed that the UK recently exported telecommunications interception equipment or software to 13 countries, including
    authoritarian regimes in the United Arab Emirates (UAE), Saudi Arabia
    and Oman. Such technology can enable security forces to monitor the
    private activities of groups or individuals and crack down on political opponents.

    The UAE has been involved in programmes monitoring domestic activists
    using spyware. In 2017 and 2018, British exporters were given four
    licences to export telecommunications interception equipment, components
    or software to the UAE.

    UK arms export guidelines state that the government will “not grant a
    licence if there is a clear risk that the items might be used for
    internal repression”. Reports by Amnesty International document human
    rights abuses in the cases of UAE, Saudi Arabia and Oman, suggesting
    that British approval of such exports to these countries is prima facie unlawful.
    Arms exports to Saudi Arabia

    Saudi Arabia has been accused by the UN and others of violating
    international humanitarian law and committing war crimes in its war in
    Yemen, which began in March 2015. The UK has licensed nearly £5-billion
    worth of arms to the Saudi regime during this time. In addition, the RAF
    is helping to maintain Saudi warplanes at key operating bases and stores
    and issues bombs for use in Yemen.

    Following legal action brought by the Campaign Against the Arms Trade,
    the UK Court of Appeal ruled in June 2019 that ministers had illegally
    signed off on arms exports without properly assessing the risk to
    civilians. The court ruled that the government must reconsider the
    export licences in accordance with the correct legal approach.

    The ruling followed a report by a cross-party House of Lords committee, published earlier in 2019, which concluded that Britain is breaking international law by selling weapons to Saudi Arabia and should suspend
    some export licences immediately.
    RELATED

    Julian Assange’s arbitrary detention and torture

    In the case of WikiLeaks publisher Julian Assange — currently held in Belmarsh maximum-security prison in London — the UK is defying repeated opinions of the UN Working Group on Arbitrary Detention (WGAD) and the
    UN special rapporteur on torture.

    The latter, Nils Melzer, has called on the UK government to release
    Assange on the grounds that officials are contributing to his
    psychological torture and ill treatment. Melzer has also called for UK officials to be investigated for possible “criminal conduct” as
    government policy “severely undermines the credibility of [its]
    commitment to the prohibition of torture… as well as to the rule of law
    more generally”.

    The WGAD — the supreme international body scrutinising this issue — has repeatedly demanded that the UK government end Assange’s “arbitrary detention”. Although the UN states that WGAD determinations are legally binding, its calls have been consistently rejected by the UK government.
    Covert wars

    Covert military operations to subvert foreign governments, such as
    Britain’s years-long operation in Syria to overthrow the Assad regime,
    are unlawful. As a House of Commons briefing notes, “forcible assistance
    to opposition forces is illegal”.

    A precedent was set in the Nicaragua case in the 1980s, when US-backed
    covert forces (the “Contras”) sought to overthrow the Sandinista government. The International Court of Justice held that a third state
    may not forcibly help the opposition to overthrow a government since it breached the principles of non-intervention and prohibition on the use
    of force.

    As Declassified has shown, the UK is currently engaged in seven covert
    wars, including in Syria, with minimal parliamentary oversight.
    Government policy is “not to comment” on the activities of its special forces “because of the security implications”. The public’s ability to scrutinise policy is also restricted since the UK’s Freedom of
    Information Act applies an “absolute exemption” to special forces. This
    is not the case for allied powers such as the US and Canada.
    Torture and the refusal to hold an inquiry

    In 2018 a report by parliament’s Intelligence and Security Committee
    found that the UK had been complicit in cases of torture and other ill treatment of detainees in the so-called “war on terror”. The inquiry examined the participation of MI6 (the secret intelligence service), MI5
    (the domestic security service) and Ministry of Defence (MOD) personnel
    in interrogating detainees held primarily by the US in Afghanistan, Iraq
    and Guantanamo Bay during 2001-10.

    The report found that there were 232 cases where UK personnel supplied questions or intelligence to foreign intelligence agents after they knew
    or suspected that a detainee was being mistreated. It also found 198
    cases where UK personnel received intelligence from foreign agents
    obtained from detainees whom they knew or suspected to have been mistreated.

    In one case, MI6 “sought and obtained authorisation from the foreign secretary” (then Jack Straw, in Tony Blair’s government) for the costs
    of funding a plane which was involved in rendering a suspect.

    After the report was published, the government announced it was refusing
    to hold a judge-led, independent inquiry into the UK’s role in rendition
    and torture as it had previously promised to do. In 2019, human rights
    group Reprieve, together with Conservative and Labour MPs, instigated a
    legal challenge to the government over this refusal–which the High Court
    has agreed to hear.

    The UN special rapporteur on torture, Nils Melzer, has formally warned
    the UK that its refusal to launch a judicial inquiry into torture and
    rendition breaches international law, specifically the UN Convention
    Against Torture. He has written a private “intervention” letter to the
    UK foreign secretary stating that the government has “a legal obligation
    to investigate and to prosecute”.

    Melzer accuses the government of engaging in a “conscious policy” of co-operating with torture since 9/11, saying it is “impossible” the practice was not approved or at least tolerated by top officials.
    UK’s secret torture policy

    The MOD was revealed in 2019 to be operating a secret policy allowing
    ministers to approve actions which could lead to the torture of
    detainees. The policy, contained in an internal MOD document dated
    November 2018, allows ministers to approve passing information to allies
    even if there is a risk of torture, if “the potential benefits justify accepting the risk and legal consequences”.

    This policy also provides for ministers to approve lists of individuals
    about whom information may be shared despite a serious risk they could
    face mistreatment. One leading lawyer has said that domestic and
    international legislation on the prohibition of torture is clear and
    that the MOD policy supports breaking of the law by ministers.
    Amnesty for crimes committed by soldiers

    There is a long history of British soldiers committing crimes during
    wars. In 2019 the government outlined plans to grant immunity for
    offences by soldiers in Iraq, Afghanistan and Northern Ireland that were committed more than 10 years before.

    These plans have been condemned by the UN Committee Against Torture,
    which has called on the government to “refrain from enacting legislation
    that would grant amnesty or pardon where torture is concerned. It should
    also ensure that all victims of such torture and ill-treatment obtain redress”.

    The committee has specifically urged the UK to “establish responsibility
    and ensure accountability for any torture and ill-treatment committed by
    UK personnel in Iraq from 2003 to 2009, specifically by establishing a
    single, independent, public inquiry to investigate allegations of such conduct.”

    The government’s proposals are also likely to breach UK obligations
    under the European Convention on Human Rights, which obliges states to investigate breaches of the right to life or the prohibition on torture.

    GCHQ’s mass surveillance

    Files revealed by US whistleblower Edward Snowden in 2013 show that the
    UK intelligence agency GCHQ had been secretly intercepting, processing
    and storing data concerning millions of people’s private communications, including people of no intelligence interest — in a programme named
    Tempora. Snowden also revealed that the British government was accessing personal communications and data collected by the US National Security
    Agency and other countries’ intelligence agencies.

    All of this was taking place without public consent or awareness, with
    no basis in law and with no proper safeguards. Since these revelations,
    there has been a long-running legal battle over the UK’s unlawful use of these previously secret surveillance powers.

    In September 2018, the European Court of Human Rights ruled that UK laws enabling mass surveillance were unlawful, violating rights to privacy
    and freedom of expression. The court observed that the UK’s regime for authorising bulk interception was incapable of keeping “interference” to what is “necessary in a democratic society”.

    The UK’s Investigatory Powers Tribunal, the body which considers
    complaints against the security services, also found that UK
    intelligence agencies had unlawfully spied on the communications of
    Amnesty International and the Legal Resources Centre in South Africa.

    In 2014, revelations also confirmed that GCHQ had been granted authority
    to secretly eavesdrop on legally privileged lawyer-client
    communications, and that MI5 and MI6 adopted similar policies. The
    guidelines appeared to permit surveillance of journalists and others
    deemed to work in “sensitive professions” handling confidential information.
    MI5 personal data

    In 2019, MI5 was found to have for years unlawfully retained innocent
    British people’s online location data, calls, messages and web browsing history without proper protections, according to the Investigatory
    Powers Commissioner’s Office which upholds British privacy protections.
    MI5 had also failed to give senior judges accurate information about
    repeated breaches of its duty to delete bulk surveillance data, and was criticised for mishandling sensitive legally privileged material.

    The commissioner concluded that the way MI5 was holding and handling
    people’s data was “undoubtedly unlawful”. Warrants for MI5’s bulk surveillance were issued by senior judges on the understanding that the agency’s legal data handling obligations were being met — when they were not.

    “MI5 have been holding on to people’s data—ordinary people’s data, your data, my data — illegally for many years,” said Megan Goulding, a lawyer for rights organisation Liberty, which brought the case. “Not only that, they’ve been trying to keep their really serious errors secret — secret from the security services watchdog, who’s supposed to know about them, secret from the Home Office, secret from the prime minister and secret
    from the public.”
    Intelligence agencies committing criminal offences

    MI5 has been operating under a secret policy that allows its agents to
    commit serious crimes during counter-terrorism operations in the UK,
    according to lawyers for human rights organisations brin

    ging a case to the Investigatory Powers Tribunal.

    The policy, referred to as the “third direction”, allows MI5 officers to permit the people they have recruited as agents to commit crimes in
    order to secure access to information that could be used to prevent
    other offences being committed. The crimes potentially include murder,
    kidnap and torture and have operated for decades. MI5 officers are,
    meanwhile, immune from prosecution.

    A lawyer for the human rights organisations argues that the issues
    raised by the case are “not hypothetical”, submitting that “in the past, authorisation of agent participation in criminality appears to have led
    to grave breaches of fundamental rights”. He points to the 1989 murder
    of Belfast solicitor Pat Finucane, an attack carried out by loyalist paramilitaries, including some agents working for the British state.
    The ‘James Bond clause’

    British intelligence officers can be authorised to commit crimes outside
    the UK. Section 7 of the 1994 Intelligence Services Act vacates UK
    criminal and civil law as long as a senior government minister has
    signed a written authorisation that committing a criminal act overseas
    is permissible. This is sometimes known as the “James Bond clause”.

    British spies were reportedly given authority to break the law overseas
    on 13 occasions in 2014 under this clause. GCHQ was given five
    authorisations “removing liability for activities including those
    associated with certain types of intelligence gathering and interference
    with computers, mobile phones and other types of electronic equipment”.
    MI6, meanwhile, was given eight such authorisations in 2014.
    Two cadets from the UK military raise funds for the Royal British Legion
    on New Market Street, Chorley, UK, 2015. (Photo: Flickr)
    Underage soldiers

    Britain is the only country in Europe and Nato to allow direct
    enlistment into the army at the age of 16. One in four UK army recruits
    is now under the age of 18. According to the editors of the British
    Medical Journal, “there is no justification for this state policy, which
    is harmful to teen health and should be stopped”. Child recruits are
    more likely than adult recruits to end up in frontline combat, they add.

    It was revealed in 2019 that the UK continued to send child soldiers to
    fight in Iraq and Afghanistan despite pledging to end the practice. The
    UK says it does not send under-18s to warzones, as required by the UN
    Optional Protocol on the Involvement of Children in Armed Conflict,
    known as the “child soldiers treaty”.

    The UK, however, deployed five 17-year-olds to Iraq or Afghanistan
    between 2007 and 2010: it claims to have done so mistakenly. Previous to
    this, a minister admitted that teenagers had also erroneously been sent
    into battle between 2003 and 2005, insisting it would not happen again.

    The UN Committee on the Rights of the Child expressed concern at the
    UK’s recruitment policy in 2008 and 2016, and recommended that the
    government “raise the minimum age for recruitment into the armed forces
    to 18 years in order to promote the protection of children through an
    overall higher legal standard”. Parliament’s Joint Committee on Human Rights, the children’s commissioners for the four jurisdictions of the
    UK, along with children’s rights organisations, all support this call.

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