- The United Nations' highest court on Wednesday ordered the United States to lift sanctions on Iran that affect imports of humanitarian goods and products and services linked to civil aviation safety. The ruling by the International Court of Justice is legally binding, but it remains to be seen if the administration of President Donald Trump will comply. Trump moved to restore tough U.S. sanctions in May after withdrawing from Tehran's nuclear accord with world powers. Iran challenged the sanctions in a case filed in July at the International Court of Justice. In a preliminary ruling, the court said that Washington must "remove, by means of its choosing, any impediments arising from" the re-imposition of sanctions to the export to Iran of medicine and medical devices, food and agricultural commodities and spare parts and equipment necessary to ensure the safety of civil aviation.
By limiting the order to sanctions covering humanitarian goods and the civil aviation industry, the ruling did not go as far as Iran had requested.
The U.S. ambassador to the Netherlands, Peter Hoekstra, pointed that out in a tweet.
"This is a meritless case over which the court has no jurisdiction," the ambassador tweeted. "Even so, it is worth noting that the Court declined today to grant the sweeping measures requested by Iran. Instead, the Court issued a narrow decision on a very limited range of sectors."
While imposing the so-called "provisional measures," the court's president, Abdulqawi Ahmed Yusuf, stressed that the case will continue and the United States could still challenge the court's jurisdiction.
Iran's Foreign Minister Mohammad Javad Zarif praised the court ruling on Twitter, calling it "another failure for sanctions-addicted" U.S. and a "victory for rule of law." He added that it is imperative for the international community "to collectively counter malign US unilateralism."
Iranian state television trumpeted the court's decision in a scrolling graphic at the bottom of TV screens: "The victory of Tehran over Washington by the Hague Court."
No date has been set for further hearings in the case.
At hearings in August, Tehran sought the suspension of sanctions while the case challenging their legality is being heard - a process that can take years. U.S. lawyers responded that the sanctions are a legal and justified national security measure that cannot be challenged by Tehran at the world court.
In its decision, the court said that the U.S. sanctions "have the potential to endanger civil aviation safety" in Iran and that sanctions limiting sales of goods required for humanitarian needs such as food, medicines and medical devices "may have a serious detrimental impact on the health and lives of individuals on the territory of Iran."
The court said that the Trump administration must "ensure that licenses and necessary authorizations are granted" and payments not restricted if they are linked to the humanitarian and aviation goods.
The court also told both the United States and Iran to "refrain from any action which might aggravate or extend the dispute."
U.S. lawyers had told the court that the administration would "use its best endeavors" to look at concerns about humanitarian and aviation related issues caused by the sanctions.
But in its written ruling the court said that the American assurances "are not adequate to address fully the humanitarian and safety concerns" raised by Iran.
Iran alleges that the sanctions breach a 1955 bilateral agreement known as the Treaty of Amity that regulates and promotes economic and consular ties between the two countries.
The treaty was signed when the U.S. and Iran were still allies following the 1953 revolution - fomented by Britain and the U.S. - that ultimately cemented the rule of Shah Mohammad Reza Pahlavi.
Diplomatic relations were severed following the 1979 Islamic Revolution in Iran and takeover of the U.S. Embassy and ensuing hostage crisis. However, the treaty remains in force.
Wednesday's ruling could set up another clash between the Trump administration and a Hague-based court. Last month, Trump's national security advisor, John Bolton, denounced the International Criminal Court - a separate and unrelated institution based just a few kilometers (miles) away from the International Court of Justice.
The ICC prosecutes people accused of war atrocities while the ICJ settles disputes between nations.
Bolton said last month that "for all intents and purposes, the ICC is already dead to us."
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Associated Press writer Amir Vahdat in Tehran, Iran, contributed.
US officials confirmed Friday that there is an active internal process on considering waivers for countries that intend to continue to buy oil from Iran in violation of US sanctions. This is ongoing in spite of John Bolton claiming only the day before that there would be no waivers at all.
Though the administration had indicated in the past they were loathe to accept any waiver requests, today’s comments mark the first time they’ve confirmed that a process of review even exists, and is active. Several nations, including India and Iraq, have been seeking waivers form the US, while the European Union, China, and Russia have indicated they’ll just defy the sanctions outright.
The EU announcement that they are establishing their own clearing house to skirt US banking sanctions likely is playing a role in this US decision to review the waivers. China buys more than half of Iran’s oil, and with the EU buying it’s clear this “drop to zero” plan for Iran’s exports is going nowhere. Punishing other allies for trading with Iran makes less and less sense in that context.
Historically, Iran’s oil trade has tended to flow mostly eastward, toward the Asian Pacific region. Nations like South Korea and Japan have been buyers in the past, and are likely to be given priority for waivers since failing to get them would inconvenience them more.
Note To Iran - Debunking Netanyahu Requires Some Care
By Moon of Alabama
The Israeli Prime Minister Netanyahoo held a speech in front of the UN General Assembly. As usual he brought some props to continue his 30 years of false claims about a 'nuclear Iran'. Netanyahoo's claim in front of this year's UNGA was not entirely false but highly misleading. Unfortunately he is helped by some rather hapless Iranian responses to it.
In May we exposed the site of Iran’s secret atomic archive. It’s right here in the Shuabad Distrcit of Tehran. Today I’m revealing the site of a second facility: Iran’s secret atomic warehouse. It’s right here, in the Turkuzahbad Distrcit of Tehran. Just three miles away. Let me show you exactly what the secret atomic warehouse looks like. Here it is. You see, like the atomic archive it’s another innocent-looking compound. Now for those of you at home using Google Earth, this no longer secret atomic warehouse. You have the coordinates, you can try to get there. And for those of you who try to get there: It’s 100 meters from the rug-cleaning operation. By the way, i hear they do a fantastic job of cleaning rugs there. But by now they may be radioactive rags. This is the second secret site. Now countries with satellite capabilities may notice some increased activity on the alley in the days and weeks ahead.
Netanyahoo added the obviously false claim that Iran removed radioactive material from the warehouse and spread it over Tehran.
A US intelligence official has said that the speech delivered by Prime Minister Benjamin Netanyahu on Thursday at the UN General Assembly about the existence of a second secret atomic facility in Iran was “somewhat misleading.” ... According to the US intelligence official, knowledge of the facility is nothing new to the Americans.“First, we have known about this facility for some time, and it’s full of file cabinets and paper, not aluminum tubes for centrifuges, and second, so far as anyone knows, there is nothing in it that would allow Iran to break out of the JCPOA any faster than it otherwise could,” the official said. Another US military official, speaking on condition of anonymity, said the United States is aware of the facility Netanyahu announced and described it as a “warehouse” used to store “records and archives” from Iran’s nuclear program.
I am told that the IAEA also knows of the archive and its harmless content. The old material Netanyahoo presented back in May was most likely copied from the IAEA in Vienna. The IAEA is also the most likely source from where Israeli spies gained knowledge about the 'secret atomic warehouse'.
Netanyahoo again made misleading claims about Iran. That's nothing new. The case is closed.
The first picture in Meysam Yaghoubi's tweet is indeed the gate to the compound Netanyahoo showed. The other pictures though, which show a carpet cleaning facility, were taken inside a compound on the other side of the street of the archive compound. They were not taken inside the compound that Netanyahoo pointed out. This can be easily discerned by comparing the second picture in the tweet above with a satellite view of the place.
The notable gate structure of the archive compound visible at the upper left is not the gate of the compound where the picture was taken, but on the other side of the road. bigger
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The archive compound is marked, the carpet cleaning compound where the interior pictures were taken is south of it. bigger
The Iranian Students News Agency ISNA provided the carpet cleaning pictures within a mocking piece (Persian, Machine translation) that tried to debunk Netanyahoo by visiting the marked building. The headline and intro of the report make it seem as if the compound Netanyahoo pointed out is a carpet cleaning facility. But the reporter and the photographer never entered that building. They only entered the compound opposite of it:
Netanyahu confused a simple carpet with atomic storage!... At that place, Mr. Rezaei and his partner, who were the owners of the workshop opposite the atomic bomb of the prime minister of the Zionist regime, stood in front of their workshop, and at the very beginning of seeing the photographer, they were jokingly told us that you were late; before you, other reporter too come here to see the bombs! Mr. Rezaei and his partner are the owners of the "Yekta" carpet workshop, ... ... Mr. Rezaei counted the number of reporters who arrived in front of his workshop on Friday morning, whose partner invited us to the workshop to explore it. Together with the carpet owners and the photographer, we entered the workshop showing us the partner of Mr. Reza'i, and said jokingly that there is the secret storehouse there; we went ahead and saw that there was a number of rug and carpet in Anbar's unique workshop.
This ISNA piece and the attached pictures unintentionally confirm exactly what Netanyahoo said about the location of the archive building: "It’s 100 meters from the rug-cleaning operation."
Iran's foreign ministry is also somewhat hapless when it describes Netanyahoo's speech as "false, meaningless and unnecessary". Why can't Tehran simply say: "Decades old administrative records of our legitimate nuclear energy program are archived in a warehouse that is well known to all relevant entities. There is nothing secret nor nefarious about it."
Hapless attempts to debunk Netanyahoo even where he is right will be used by his propagandists to claim that "Iran lies". Tehran, and its news agencies, must up their game.
Ten Items Corroborate Dr. Blasey Ford’s Allegation Kavanaugh Tried to Rape Her
By Doug Johnson at Information Clearing House
- Along with the usual smears, name calling, and flat dismissals put forward by rape culture warriors, defenders of Brett Kavanaugh, and Kavanaugh at times himself, have repeatedly argued that Dr. Christine Blasey Ford contradicted herself in the number of people she placed at the party, that those people have said it never happened, and that she has provided no evidence to support her story. The first argument is terribly weak and barely worthy addressing. Remembering the exact number of people there is not a central part of the story, and she’s named several of them that will become relevant in what follows.
The second argument (they’ve all denied it under penalty of perjury) was horribly handled by Democratic Senators yesterday, and could be the topic of another post. For starters, Mark Judge didn’t deny it under penalty of perjury as his lawyer, not he himself, submitted a cursory statement to the Senate Judiciary committee. (Update: Judge and lawyer sent a new letter, signed by Judge and released by Chuck Grassely, before midnight last night. As below, still no reason whatsoever he shouldn’t be scrutinized under Senate questioning or court room cross-examination.) There are problems with each of the other supposed denials too, but that isn’t the subject here. So, without further ado, let’s go in reverse order of strength to the 10 items that corroborate Dr. Blasey Ford’s allegation that Brett Kavanaugh tried to rape her. The claim that “there is no corroboration” is consistently bandied about on news programs, by senators, and on social media by people who, apparently do not know what the term corroborate means (hint: ‘to confirm or give support to’ is a lot wider category than “eye witness testimony”).
10. Kavanaugh (and His Closest Defenders) Own Admissions
With some of the wilder allegations of rape or sexual assault leaked, it seems, by Senate Republicans, Kavanaugh said things like, “I was not in Newport, haven’t been on a boat in Newport. Not with Mark Judge on a boat, nor all those three things combined. This is just completely made up, or at least not me. I don’t know what they’re referring to.” Fair enough. Corroboration would mean things like showing he was on a boat at the relevant time in Newport with Mark Judge. This isn’t the case with Blasey Ford’s allegation. Kavanaugh admits that he at least knew her and socialized with her in passing, further acknowledging that he doesn’t deny that these things happened to her, it just wasn’t him. As such, close associates of his tried a failed doppelgänger theory on for size. Admitting he knew Blasey Ford and acknowledging her credibility in so far as she claims to have been sexually assaulted are minimally corroborative.
9. Kavanaugh’s Own Speeches
Kavanaugh went on Fox News and tried to suggest that maybe he had a beer here and there, but that generally he was a virgin who focused on sports, going to church every Sunday, and service projects. We’ll get to some responses to that shortly, but his own speeches about hard-partying ways at both Yale and Georgetown Prep cut against that portrayal and corroborate Dr. Blasey Ford’s suggestion that he was the kind of person who could get wildly drunk and aggressive. “What happens on the bus stays on the bus” and “what happens at Georgetown Prep stays at Georgetown prep.”
8. People Blasey Ford Told Over the Last 1/2 Dozen Years
These include her therapist who took notes and four people who submitted affidavits that she had told them about being assaulted, being assaulted by a top lawyer or federal judge, or specifically naming Kavanaugh since 2012. This corroboration helps to establish that her story was not made up last minute to derail Kavanaugh, as a vocal minority of Kavanaugh supporters claim and as Kavanaugh himself more vaguely hinted in the hearings yesterday.
7. Yale Roomates and Friends of Kavanaugh
A key question has become, not as GOP flacks would have it whether he drinks or drinks excessively at all, but whether Kavanaugh may have sometimes or even regularly become drunk to the point of blacking out, passing out, or not remembering his actions while drunk. Many people from his Yale circles have corroborated the claim that he could be a terrible, angry drunk. His roommate told ABC News that “he became aggressive and belligerent when he was very drunk. I did not observe the specific incident [the second accusation] in question, but I do remember Brett frequently drinking excessively and becoming incoherently drunk.” These stories provide critical evidence undermining Kavanaugh’s self-presentation as almost a choir boy and support Blasey Ford’s story that he was badly drunk and violent with her.
6. Kavanaugh’s Yearbook Entries
As much as Kavanaugh tried in his testimony, he could not get past how terrible the yearbook entries make him look. Some of his explanations, as for the Fffffffourth of July entry, make reasonable sense on face. Several others don’t pass a basic smell test. Even he had to admit they are “a disaster,” the kind of disaster that provides corroboration to Blasey Ford’s account of his heavy drinking and rotten treatment of women.
5. Polygraph
There are reasons polygraph tests are looked at with some skepticism by courts in the U.S. and other reasons why they (1) have become more and more accepted in some court situations, when administered properly, in recent decades and (2) why US intelligence agencies often use them with their own employees. Some people are the kind of smooth liars that can fool them, and some people are so anxious that they trigger negative results without actually lying. No evidence has come forward that Dr. Blasey Ford is some kind of known liar. So the fact that, despite her admitted deep anxiety problems particularly around this matter, she took one and passed one, counts as some corroboration of her story.
Taken together, the previous six items provide a fair, but likely not necessarily entirely persuasive amount of corroboration for Blasey Ford’s story. Sure, Kavanaugh was likely a hard partying drunk who treated women as sexual objects in high school and had at least some interaction with Blasey Ford. And, yes, Blasey Ford’s story was not simply created sometime in August with the help of Democratic operatives, meaning she could meaningfully pass a polygraph test. These help fill out a picture, but on their own or together aren’t, by themselves, dispositive.
The following four items, however, are each quite powerful on their own, and especially when combined with each other and with the items above.
4. Mark Judge’s Writings
Mark Judge is in hiding. Clearly for good reason. The last thing Kavanaugh and his allies want is for Judge to be cross-examined in public. Democratic Senators landed a few jabs on this, but did nothing to camp out here the way they should. Judge and Kavanaugh were clearly best friends and, try as they might to characterize his writings as fictional accounts, Judge has never ever presented them that way. He has presented them as accounts of his life with a few names changed here and there. The entire scene he describes, including one “Bart O’Kavanaugh,” corroborates the account of this crew of Georgetown Prep boys as violent, black-out-drunk misogynists. An article in The Intercept nails this in vivid detail, followed by a second piece detailing just how bad the relationship with Judge is for Kavanaugh in terms of corroborating Blasey Ford’s story.
3. Mark Judge’s Ex-Girlfriend Elizabeth Rasor’s Account
Rasor’s story, as told initially to the New Yorker’s Jane Mayer and Ronan Farrow is a devastating piece of corroboration that what Judge and possibly also Kavanaugh were involved in was criminal sexual assault: “Rasor recalled that Judge had told her ashamedly of an incident that involved him and other boys taking turns having sex with a drunk woman. Rasor said that Judge seemed to regard it as fully consensual. She said that Judge did not name others involved in the incident, and she has no knowledge that Kavanaugh participated. But Rasor was disturbed by the story and noted that it undercut Judge’s protestations about the sexual innocence of Georgetown Prep.”
2. Two Other Credible Allegations From Other Women
For decades we have learned that when one woman comes forward with a credible story of having been assaulted by a powerful man, it is not long before other women step forward. These stories, particularly where they dovetail in details, small or large, provide a strong level of corroboration to each other. Deborah Ramirez and Julie Swetnick have told powerful stories of having been assaulted by Kavanaugh themselves. In all three cases, heavy drinking was involved. The initial details of Swetnick’s account, in particular, came out right about the same time as the New Yorker piece on Deborah Ramirez that include Rasor’s account of Judge and other boys taking turns having sex with women unable to consent because they were drunk. Swetnick likewise claims the she and other young women or teenaged girls were subject to Judge, Kavanaugh, and/or others taking turns having sex with them when they were too drunk or drugged to consent. This is an incredibly potent set of items corroborating Dr. Blasey Ford’s initial allegation.
1. Kavanaugh’s Own Calendars
I am completely baffled why, outside of Philip Bump’s excellent articles on this yesterday here and here and here (and Bump is not always someone I agree with or find persuasive), everyone isn’t camping out on the Calendar. How in the world could someone who thinks he’s qualified for the Supreme Court willingly give up the most damning corroborating evidence of all, somehow thinking it proves his innocence? It’s a bit gobsmacking, to be honest. The July 1 entry, in particular, that Bump has focused on, puts Kavanaugh with Judge, P.J. (whom Ford has named as at the party), Squi (whom Blasey Ford says now she was going out with around that time), and a few other boys. They were drinking (as Kavanaugh admitted “skis” meant with Cory Booker in the hearings). It fits, as Bump noted, the timeline of six to eight weeks before Blasey Ford could have run into Judge at a grocery store later that summer. Beyond the fact of all the rest of the corroborating evidence suggesting that Dr. Blasey Ford is telling the truth (where Kavanaugh’s honesty is questionable at best), how can any decision maker in their right mind want to put someone so terrible at evaluating evidence into a lifetime role on the nation’s most powerful court?