KSM’s defense

Sheikh Mohammed said that the purpose of the attack on the Twin Towers was to “wake the American people up.” Sheikh Mohammed said that if the target would have been strictly military or government, the American people would not focus on the atrocities that America is committing by supporting Israel against the Palestinian people and America’s self-serving foreign policy that corrupts Arab governments and leads to further exploitation of the Arab/Muslim peoples.”

Defense Trial Exhibit 941 {1.6mb.pdf}, paragraph 15, page 11, United States v. Zacarias Moussaoui (E.D. Va. criminal no. 01-455-A), quoted by, Ray McGovern, “Shining Light on Roots of Terrorism: What We Might Learn From the Trial of Khalid Sheikh Mohammed” (CounterPunch, November 16 2009) (copies: cn, aw, ich, cd, rr).

Khalid Sheikh Mohammed explains — what Americans have been lied to about, for 30 years — that what Israel is doing in Palestine is not politics, it’s violent crime.

And so too the U.S., backing Israel, the very same violent crimes, via complicity: inciting, conspiring, aiding and abetting, facilitating, RICO.

These violent crimes, by the U.S. and Israel, are the war crimes of looting and colonizing, (1) armed robbery of Palestinian land (60%) and water and (2) transfer of foreigners to live there (500,000 Israelis). This, the territory occupied by Israel, in the 6-day 1967 war, “occupied Palestinian territory” (1967 oPt): Gaza and the West Bank, including East Jerusalem (unlawfully annexed by Israel).

Before Israel was born, this identical violent criminal enterprise, which Israel has replicated, was prosecuted — by the U.S., U.K., France, Russia (Soviet Union) — at the Nuremberg war crimes tribunals, when the Germans did the same thing, in Poland, looting farmland, expelling its owners, importing ethnic Germans to take over the farms. Like Israel, the German occupiers, they too had their bureaucracy, laws, courts, paperwork, to make it all look legal, their armed robbery.

Details,Prosecuting U.S. complicity in Israeli settlement war crimes,” discussing, Trial of the Major War Criminals Before the International Military Tribunal (IMT 1945-1946) (“plunder of public and private property”) and The RuSHA Case (NMT 1947-1948) (“Germanization and spoliation” “planned to exploit the people and material resources … to reduce it to a vassal state … creating islands of German settlements in the more fertile regions … in order to engulf the native Polish population and accelerate the process of Germanization … to bring thousands of German subjects … for purposes of settlement … to confiscate the property — particularly the farms — of the Poles, the Jews, and all dissident elements … confiscation provided land for the new German settlers and enabled the conspirators to reward their adherents”).

In addition, the violence Israel inflicts, with U.S. complicity, to accomplish its violent war crimes, and tend them, to make them stick, this violence is likewise a war crime, the felony murder of more than 8,000 Palestinians, felony arson (destruction) of their property, buildings, orchards, kidnapping, torture, apartheid abuse, and much more.

These U.S.-Israeli violent war crimes have continued for decades, a continuous promise of more of the same in the future.

Do the victims of these violent war crimes have a legal, violent, remedy?

Yes.

And Khalid Sheikh Mohammed demonstrated it, with his wake-up call, on 9/11 (if he did it).

A prima facie belligerent reprisal. An eye for an eye. With the aim to “wake the American people up,” to encourage them, to elect decent people, who will stop it, U.S. complicity in Israel’s violent war crimes.

The law of belligerent reprisals permits targeting most civilians, and civilian objects — like the twin towers, attacked in New York City, on 9/11 (September 11 2001) — like Hamas rockets, fired at Sderot, a town in Israel, bordering Gaza. This (otherwise criminal) targeting is legalized, for the purpose of trying to persuade the opponent to stop its violent war crimes.

The U.S. says it’s legal. And its biggest NATO allies agree, U.K., France, Germany, Italy. They reject the change to that settled law, in the 1977 Additional Protocol I to the Geneva Conventions, and Israel rejects the whole protocol, and the notion of international law, any restraint on its behavior. See,Blockade, targeting, capture, self-defense, reprisals.”

If you never heard of this, then you are an item of evidence, in a future criminal prosecution, of hundreds, thousands, of U.S. officials and their gangster partners, who have combined, to lie to you for 30 years, to conceal it from you, this information, to confuse you, and so wage their violent crimes, and pretend it’s their victims who are the terrorists and criminals.

U.S. government criminal complicity began with Ronald Reagan (1981), his administration, and rapidly intensified, as the neocon gangsters, in his administration, encountered no resistance, to their violent crimes.

Decades of pleading, by the victims, and their friends, has produced no result, only more and more violent crime, faster and faster, by this violent criminal axis, U.S.-Israel.

On these facts, Khalid Sheikh Mohammed is a hero (if he did it), a valiant law enforcement officer, the whole world owes him a debt of gratitude. His innocent victims? sacrificed, by the gangster U.S. officials, a small price others paid, to feed their violent criminal greed.

Khalid Sheikh Mohammed fashioned a brilliant prima facie belligerent reprisal (if he did it), a law enforcement action, a legal remedy, hoping, to awaken the American people, to inspire them, to action, at their federal elections, every 2 years:

To seize back control of their government.

To throw the Israelites out, from Congress, from the White House.

To elect decent people, who promise to do it, purge Israelites, from all departments of government, and all government contractors, cut-off their money, their secret DoD contractor funding, fronted through think tanks, newspapers, broadcasters, universities, wherever U.S. taxpayer money reaches their pockets.

And to turn on Israel.

Terminate all aid to Israel, especially the biggest political slush fund in the history of the world, a $3-billion annual cash deposit, on the first day of each U.S. fiscal year (October 1), into a special Israeli bank account, with the New York Federal Reserve Bank, no questions asked, no strings attached, no accounting required, or audits, or reports, or explanations.

Promote prompt international sanctions, against that violent criminal gangster regime, until they withdraw their 500,000 illegal settlers, back inside their own borders, return the land and water they robbed, and tear down that wall, the 80% they built on Palestinian land, as the law requires (U.N. I.C.J., the 15-judge world court, 2004, linked below).

KSM surely wants to present this defense (if he did it), because that’s the justification he claims. It’s a valid legal defense, if the facts support it, the U.S. government agrees, claims that very defense for itself, as a legal justification.

The main facts, which justify it, are beyond dispute: (1) violent war crimes by Israel, (2) continuously, a continuous threat, (3) complicity by the U.S., (4) Bin Laden gave the U.S. notice, a demand, an ultimatum, to stop it, U.S. complicity, in his two declarations of war (1996, 1998), (5) the U.S. and al-Qaeda both declared war on each other long before 9/11.

The U.S. will always dispute. The U.S. nearly always claims, the U.S. is legally entitled to wage war but its opponents are not, that they are terrorists, not lawful combatants, non-state actors, not “belligerents,” or that the action is a MOOTW (military operations other than war), not an “armed conflict,” and this deprives its opponent of legal rights, the U.S. claims. The U.S. made these claim in all these events: Marine Corps barracks bombing (Beirut 1983), Grenada regime change (1983), Panama regime change (1989), Blackhawk down (Mogadishu 1993), U.S. embassy bombings (Dar es Salaam, Nairobi, 1998), U.S.S. Cole (Aden 2000), Afghanistan regime change (2001).

On the merits, it’s plain to me, that KSM is entitled to believe, and to act on his belief, that if al-Qaeda has enough legal personality for the U.S. to wage war against (as the U.S. claims), then it likewise has enough legal personality to wage war back again, and certainly has the right of belligerent reprisals.

The U.S. became a violent, criminal, rogue state because its officials fear no consequences, no restraint, no punishment. The U.S. has a Nazi-clone legal system, exempting the government, and its officials, from court proceedings, about all international violence (with very rare exceptions). The U.S. practically never has to justify its arguments in a court.

One exception was the invasion of Panama, an unusual legal proceeding, when the judge rejected the U.S. argument, held the invasion was an international armed conflict and the Geneva Conventions applied. U.S. v. Noriega, 808 F.Supp. 791, at 795, 803 (S.D. Fla., No. 88-79-Cr, December 8 1992, judge William Hoeveler) (“However the government wishes to label it, what occurred in late 1989-early 1990 was clearly an ‘armed conflict’ within the meaning of Article 2.” “The implications of a less-than-strict adherence to Geneva III are serious”).

If the trial judge denies it to KSM, his right to present this defense — a complete justification and exoneration of the 9/11 attacks, by reason of the continuing violent war crimes by the U.S. — that trial judge will, prima facie, commit judicial murder, if KSM is convicted, imprisoned, executed, for which s/he, the judge, can be prosecuted convicted, imprisoned, executed.

Charles Judson Harwood Jr (WarLaw), March 6 2010.

Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, 2004 I.C.J. 136 (U.N. I.C.J.: International Court of Justice, The Hague, Advisory Opinion, July 9 2004) {8mb.pdf, source, UNBISnet}, ICJ summary {129kb.pdf, source}, series, I.C.J. Reports of Judgments, Advisory Opinions and Orders, U.N. Doc. A/ES-10/273 (July 16 2004) {469kb.pdf, UNBISnet, browse}.

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