Committee Secretary Joint Standing Committee on Foreign Affairs, Defence and Trade Parliament House Canberra ACT 2600

Dear Committee Secretary

Inquiry into whether Australia should examine the use of targeted sanctions to address human rights abuses

On Tuesday, 3 December 2019, the Minister for Foreign Affairs and Minister for Women, Senator the Hon Marise Payne, asked the Joint Standing Committee on Foreign Affairs, Defence and Trade - Human Rights Sub- Committee to inquire into the use of targeted sanctions to address human rights abuses. I am grateful for this opportunity to make a submission addressing the terms of reference of the Inquiry. Firstly, I note that this Inquiry uses the words “Magnitsky Act” in its Uniform Resource Locator (URL), colloquially its web address, for its Home page and its Terms of Reference: https://www.aph.gov.au/Parliamentary Business/Committees/Joint/Foreign Affairs Defen ce and Trade/MagnitskyAct, and https://www.aph.gov.au/Parliamentary Business/Committees/Joint/Foreign Affairs Defen ce and Trade/MagnitskyAct/Terms of Reference

Sergei Magnitsky was a Russian tax accountant, auditor and attorney. He was employed by Firestone Duncan in Moscow. Its clients included the investments firm, Hermitage Capital Management. Magnitsky died in pre-trial custody whilst being detained by the Russian Federal Penitentiary Service (UFSIN). The events leading up to his death have been extensively reported. The background of which, involving the American-born British investments manager Bill Browder, his firm Hermitage Capital Management and the Russian

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Federal Security Service (FSB), remains a subject of some counterfactual intrigue. i Internet Trolling is a real risk against those who write on-line about these and related topics.

Magnitsky was found to have been subjected to calculated, deliberate, and inhumane neglect by individuals of the UFSIN which did manifestly contribute to his death.ii As a consequence, the Sergei Magnitsky Rule of Law Accountability Act was passed into United States of America (US) law in 2012. It was extended by the US, to encompass corruption, with the Global Magnitsky Human Rights Accountability Act in 2016.

On 27 August 2019, the European Court of Human Rights at Strasbourg found that Magnitsky’s incarceration, treatment in prison and death (on 16 November 2009) constituted substantial violations of the its Convention for the Protection of Human Rights and Fundamental Freedoms. The full reasons of the court have been published and commented upon. iii

Where hereafter, I write ‘Magnitsky Act’, I mean Australia’s lapsed International Human Rights and Corruption (Magnitsky Sanctions) Bill and/or any new thematic regulation with our existing Autonomous Sanctions regime. It however remains very much an open question for this Inquiry to decide whether a Magnitsky Act should make any reference at all to Magnitsky?

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Terms of Reference

The Committee’s stated opening brief is to “examine the use of targeted sanctions to address gross human rights abuses”. iv I simply note that addressing ‘corruption’ is apparently omitted from this opening. The Committee shall however have particular regard to its five terms of reference. My submission addresses the terms of reference:

1/ The framework for autonomous sanctions under Australian law, in particular the Autonomous Sanctions Act 2011 (Cth) and the Autonomous Sanctions Regulations 2011 (Cth), and

5/ The advisability of introducing a new thematic regulation within our existing Autonomous Sanctions Regime for human rights abuses

This Inquiry might open by rhetorically asking, “Why not just rely on the existing Autonomous Sanctions Act for sanctioning of foreign individuals?”. This Commonwealth legislation has however never been reviewed by any Federal government, since being enacted in 2011. This legislation has also been called “not fit for purpose”. v

On a practical economic level, however, were sanctions to encompass foreign individuals, there will be hurdles for any unrelated corporation with sanctions compliance from a risk management perspective. No pun intended, corporate sanctions compliance that goes beyond monitoring for sanctioned States can be visualised as akin to delving into the layers of onion-like nesting of Russian ‘Matryoshka’ dolls. vi

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For example, there were 18 individuals of the Russian Federation initially sanctioned with by the original US Magnitsky law. That list has since been expanded (stepwise) to 196, split roughly equal across foreign individuals and foreign entities, sanctioned by the US Global Magnitsky law. Notably, to counter ‘sanction-busting’, the US has extended sanctions on foreign individuals to sanctions on these individuals’ related business fronts.vii viii

The challenge when extending sanctions from States to foreign individuals and their related business fronts is how does an unrelated third party corporation ensure compliance in its dealings with any of those sanctioned foreign individuals' related business fronts? What is the economic cost for the unwitting corporation in ensuring its compliance?

The lapsed International Human Rights and Corruption (Magnitsky Sanctions) Bill sought to give the Executive of the Commonwealth the power to sanction foreign individuals for gross violations of human rights or significant corruption. It might however be argued that a ‘Magnitsky Act’ should be targeted at the combination of human rights violations and corruption. The Explanatory Memorandum for the Bill also provided no justification for empowering the relevant Minister to impose immigration, financial or trade sanctions or prescribe penalties by delegated legislation.ix A ‘Magnitsky Act’ should ensure it contains adequate justification for empowering the relevant Minister. I note at this point the various phraseology in use: human rights abuses; gross human rights abuses; gross violations of human rights or significant corruption; and combination of human rights violations and corruption. These variants may well become important to the Inquiry.

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2/ The use of sanctions alongside other tools by which Australia promotes human rights internationally, and

3/ The advantages and disadvantages of the use of human rights sanctions, including the effectiveness of sanctions as an instrument of foreign policy to combat human rights abuses.

Australia has no tradition of unilaterally imposing sanctions on foreign individuals who are guilty of committing gross violations of human rights. Australia’s involvement with the United Nations’ Security Council and Human Rights Council is focused on sanctioning other States. In a globalised world, a ‘Magnitsky Act’ can provide a way to sanction foreign individuals and entities.

The Law Society of New South Wales canvassed the issues on 5 August 2019 in its Thought Leadership Forum, "A Magnitsky Act for Australia - Human Rights Bombshell or Frankenstein's Monster?" x The Forum’s Jeremy Moller, Senior Advisor - Risk Advisory, Norton Rose Fulbright Australia noted justifications for promoting a ‘Magnitsky Act’: namely, the downing of Flight MH17, the killings of Sergei Magnitsky and Jamal Khashoggi, the atrocities during the Syrian civil war xi , the systematic mistreatment of Rohinga, Uyghur, and Kurdish peoples, and extrajudicial executions in Venezuela.

On the other hand, a ‘Magnitsky Act’ may well suffer in its reputation were it seen to be weaponising human rights. Emeritus Professor Graeme Gill, Director of Research Development, Department of Government and International Relations, University of Sydney spoke in the Forum of the political tussle of Bill Browder with Russian Federation President Vladimir Putin. A

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‘Magnitsky Act’ would need to be disentangled from that joust.xii It must have a completely different name that makes no reference to Sergei Magnitsky. A ‘Magnitsky Act’ must contain no compulsion to take sanctions. Professor Gill raised concern that a ‘Magnitsky Act’ that "weaponises human rights" potentially "degrades human rights".

Pauline Wright, President, NSW Council for Civil Liberties commended to the Forum the foundational insights, expressed by Geoffrey Robertson QC, as to “Why Australia needs a Magnitsky Law”, in the Australian Quarterly, Vol. 89 Issue 4, Oct-Dec 2018.

Senator Kimberley Kitching, Senator for Victoria, Deputy Manager of Opposition Business in the Senate and Shadow Assistant Minister for Government Accountability, voiced in the Forum that there is multi-party support for a ‘Magnitsky Act’. The Greens and the crossbenchers are with the Labor Party in supporting the Bill introduced by former MP Michael Danby in December 2018. Australia needs to now “draw a line in the sand”, xiii said Senator Kitching, adding that, Australia should join with its partners in the ‘Five Eyes’ intelligence alliance to enact a ‘Magnitsky Act’. Senator Kitching told the Forum that the next step should be an inquiry conducted by the Senate Standing Committee on Foreign Affairs, Defence and Trade. [I note Senator Kitching is one of 10 members of the Human Rights Sub-Committee xiv]. Senator Kitching specifically called out the Cambodian generals, referring to the ABC ‘Four Corners’ program “Champagne with Dictators”, 30 July 2018, as pressing the need for a ‘Magnitsky Act’.xv xvi

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4/ Any relevant experience of other jurisdictions, including the United States regarding their Global Magnitsky Human Rights Accountability Act (2016)

Other than citing the US experience, Pauline Wright also identified five other countries to have passed Magnitsky-style laws, as at the date of the Forum: United Kingdom (UK), Canada, Estonia, Lithuania, and Latvia (in 2018). I note that legislators (in Gibraltar and Jersey) have followed the UK. Most recently, on 29 January 2020, Kosovo passed its Magnitsky law. The European Union remains supportive with its voice and preparations.

In the UK, its Magnitsky-style laws are enacted by way of the proceeds of crime and anti-money laundering legislation.xvii Bill Browder has characterised these sanctions imposed by Magnitsky laws as “the iPad for human rights advocacy”.xviii That is, a new way to strike at those individuals, linked to autocrats and dictators, who would otherwise scoff at what Western governments might say about their human rights abuses and corruption. On the other hand, those individuals with diplomatic immunity are not banned from entry at the border by Magnitsky-style laws. The exceptions to imposing sanctions might apply where national security interests and/or international agreements prevail. It is very much a question for this Inquiry to evaluate the arguments for targeting those foreign individuals who might otherwise claim diplomatic immunity from a ‘Magnitsky Act’? The Norwegian Helsinki Committee argues against immunity for such dignitaries. I commend to this Inquiry the thorough examination of global Magnitsky mechanisms by that Committee. xix In particular, that Committee applauded the model employed by the Council on Ethics of the Norwegian Government Pension Fund, the largest sovereign wealth fund in the world.

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[Similar mechanisms to address human rights abuses and corruption are employed by the Ethical Council of the First-Fourth AP Funds of Sweden, the Guardians of the New Zealand Government Superannuation Fund, the world’s “most-innovative” xx sovereign wealth fund, and by the General Board of Pension & Health Benefits of The United Methodist Church. It should not be tangential for this Inquiry to raise such "other tools by which Australia promotes human rights internationally" with the relevant Federal Minister who may in turn take up the matter with the Trustees of Australia’s sovereign Future Fund and those of the Commonwealth Superannuation Corporation].

Transparency is an important safeguard for a ‘Magnitsky Act’. Pauline Wright highlighted to the Forum the safeguards with the existing Magnitsky-style laws. In the US, there is administrative review by the Secretary to the Treasury, and appeal to the judiciary, though not for visa bans. In the UK, there is the ability to request a review by the Secretary of State, and judicial review, but the UK will not be liable unless shown to have acted in ‘bad faith’. In Canada, there is appeal to the Minister of Foreign Affairs, and a Parliamentary annual review of the ‘blacklisted’ persons.

Concluding Remarks

Magnitsky-style laws find their strength by being limited in scope. The list of sanctioned persons will never grow too large. Western politicians have not given up the right to wage military war for specified goals within a political and cultural context. Magnitsky-style laws therefore are a useful non-military alternative. Tools by which these politicians can impose their morals & values on some other group. Tools by which politicians may even place pressure on

8 | P a g e friendly States, by sanctioning individuals within those State's military or other officials. xxi For example, Human Rights Watch has recently written, "It is increasingly clear that there is no end in sight to Israel's continued [military] control and discriminatory regime against Palestinians [in the occupied West Bank ex-East Jerusalem & Gaza], who are entitled to their core human rights. Those rights should not wait for a political arrangement.” xxii

Relevant today is the 1961 Inaugural Address of US President John F. Kennedy, in part: "...... To those new States whom we welcome to the ranks of the free, we pledge our word that one form of colonial control shall not have passed away merely to be replaced by a far more iron tyranny. We shall not always expect to find them supporting our view. But we shall always hope to find them strongly supporting their own freedom--and to remember that, in the past, those who foolishly sought power by riding the back of the tiger ended up inside...... To that world assembly of sovereign states, the United Nations, our last best hope in an age where the instruments of war have far outpaced the instruments of peace, we renew our pledge of support--to prevent it from becoming merely a forum for invective--to strengthen its shield of the new and the weak--and to enlarge the area in which its writ may run...... " (my emphasis) xxiii

The biographer A.N. Wilson reminds us, that ‘enlightened’ politicians, having cast off the more grotesque prejudices of early 20th century European fascism from their moral vocabulary, are in fact its heirs.xxiv This is one reason for there to be the safeguards of the judiciary embedded into a ‘Magnitsky Act’.

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I wish the Inquiry every success, cognisant the poet’s question of old remains - …. Things fall apart; the centre cannot hold; … And what rough beast, its hour come round at last, Slouches towards Bethlehem to be born? xxv

Thank you for the opportunity to make this submission.

Greg Hogan

About the Author Greg Hogan is an Australian lawyer, a Chartered Financial Analyst, and a Chartered Alternative Investment Analyst. In 2004, he travelled overland across Russia from Irkutsk to St.Petersburg, and on through the Baltic republics of Estonia, Latvia, and Lithuania. In 2006, as a potential investor, he met with Hermitage Capital Management (HCM) in London. He has extensive experience with global hedge fund investing. He follows with interest the Magnitsky human rights campaign waged by HCM’s founder Bill Browder. Greg attended the Law Society of New South Wales Thought Leadership Forum on 5 August 2019.

i E.g. see “The Magnitsky Act: Behind the Scenes ”https://swprs.org/the-magnitsky-act/ , Behind the Magnitsky hoax: HSBC’s offshore crime machine and the new Cold War against Russia(26 July 2017) https://nicholaswilson.com/behind-the-magnitsky-hoax-hsbcs-offshore-crime-machine- and-the-new-cold-war-against-russia/ , Monkeys with an administrative resource: The Russian state is strangely arranged: they wanted to deal with a foreign investor, and 5.4 billion rubles were lost from the country's budget (27 November 2011) http://www.compromat.ru/page 23653.htm , The Inconsistencies of Bill Browder & the Magnitsky Act (7 September 2018) https://themarketswork.com/2018/09/06/the-inconsistencies-of-bill-browder/ https://www.theepochtimes.com/the-inconsistencies-of-bill-browder-and-the-magnitsky- act 2642783.html , Sergei Magnitsky, Bill Browder, Hermitage Capital Management and Wondrous Metamorphoses (19 January 2011) https://marknesop.wordpress.com/2011/01/19/sergei-magnitsky-bill-browder-hermitage-capital- management-and-wondrous-metamorphoses/ , Translation of Starova Complaint The Statement of Article 144 of the Criminal procedure code of the Russian Federation About Excitation of Criminal Case (April 2018) https://www.thekomisarscoop.com/wp-content/uploads/2018/04/Translation-of-Starova- Complaint.pdf and most recently, Bill Browder points finger at Bernie Sanders on Magnitsky Act vote, but the real story is his own corruption (2 March 2020) https://www.rt.com/op-ed/482145-bill-browder-bernie-sanders-magnitsky/,

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I do highly commend to the Inquiry the 2-hour documentary, “Citizen K” (2018), starring Mikhail Khodorkovsky, Vladimir Putin, and Leonid Nevzlin, with supporting players https://www.nytimes.com/2020/01/14/movies/citizen-k- review.htmlhttps://www.rogerebert.com/reviews/citizen-k-movie-review-2020 . From his London- base, Khodorkovsky is behind the Open Russia initiative https://khodorkovsky.com/what-is-open- russia/ and the Dossier Centre https://khodorkovsky.com/dossier-center/, https://dossier.center/ Counterfactual https://www.amnesty.org/en/latest/news/2017/04/russian-authorities-ban- khodorkovskys-organization-open-russia-as-undesirable/ (all accessed in March 2020) ii Physicians for Human Rights, “Forensic Review of Sergei Magnitsky documents submitted by Hermitage Fund”, 28 June 2011, https://phr.org/our-work/resources/forensic-review-of-sergei- magnitsky-documents/, (accessed in March 2020) iii CASE OF MAGNITSKIY AND OTHERS v. RUSSIA (Applications nos. 32631/09 and 53799/12) JUDGMENT STRASBOURG 27 August 2019, http://hudoc.echr.coe.int/eng?i=001-195527 , especially paragraphs 4 – 7, but also see paras 203 – 205, and paras 31 – 32. Also see Aitkhozhina, D. Why You Should Read the European Court Ruling on Magnitsky, Case Highlights Sergei Magnitsky’s Kafkaesque Ordeal in Russia https://www.hrw.org/news/2019/08/27/why-you-should-read- european-court-ruling-magnitsky, Magnitsky wins Russian rights battle 10 years after his death https://www.bbc.com/news/world-europe-49481471, Europe's top rights court condemns Russia over Magnitsky's death. The European Court of Human Rights orders Moscow to pay Sergei Magnitsky's widow and mother almost $38,000 in damages https://www.aljazeera.com/news/2019/08/europe-top-rights-court-condemns-russia-magnitsky- death-190827184340259.html, and Finally, some accountability in the death of Sergei Magnitsky https://www.washingtonpost.com/opinions/global-opinions/finally-some-accountability-in-the- death-of-sergei-magnitsky/2019/08/29/2bd2cf34-c9b7-11e9-a1fe- ca46e8d573c0 story.html?noredirect=on , (all accessed in March 2020) iv Inquiry’s Terms of Reference https://www.aph.gov.au/Parliamentary Business/Committees/Joint/Foreign Affairs Defence and Trade/MagnitskyAct/Terms of Reference v “Why Australia needs a Magnitsky Law”, AQ: Australian Quarterly, Vol. 89 Issue 4, Oct-Dec 2018, https://www.pressreader.com/australia/aq-australian-quarterly/20181001/281479277344384, (accessed in March 2020) vi Jeremy Moller, Senior Advisor - Risk Advisory, Norton Rose Fulbright Australia vii United States Office of Foreign Assets Control, Sanctions List Search program “GLOMAG”, https://sanctionssearch.ofac.treas.gov/. Also see https://foreignpolicy.com/2013/04/13/a-guide-to- the-russian-officials-on-the-u-s-magnitsky-list/ (both accessed in March 2020) viii Designations of individuals and entities under US E.O. 13818 relating to corruption in Cambodia, Latvia, and Serbia, or relating to serious human rights abuse in Burma, Pakistan, Slovakia, Libya, the Democratic Republic of Congo, and South Sudan, but not affecting Burmese military-owned or operated enterprises https://www.state.gov/global-magnitsky-program-designations-for-corruption-and-serious-human- rights-abuse/ (10 Dec 2019) , https://www.globalwitness.org/en/blog/its-the-end-of-the-year-the- global-magnitsky-sanctions-are-here/ (accessed in March 2020)

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ix Senate Standing Committee for the Scrutiny of Bills, 14 February 2019; the Scrutiny Digest 1 of 2019, page 10, re the International Human Rights and Corruption (Magnitsky Sanctions) Bill 2018 and its Explanatory Memorandum, https://www.legislation.gov.au/Details/C2018B00232 , and https://www.aph.gov.au/Parliamentary Business/Bills Legislation/Bills Search Results/Result?bId= r6218, (both accessed in March 2020)

xNSWLS Magnitsky Thought Leadership Forum 5 August 2019 The speakers: Emeritus Professor Graeme Gill, Director of Research Development, Department of Government and International Relations, University of Sydney Pauline Wright, President NSW Council for Civil Liberties, former Law Society President and Partner Principal, P J Donnellan & Co Solicitors Senator Kimberley Kitching, Senator for Victoria, Deputy Manager of Opposition Business in the Senate and Shadow Assistant Minister for Government Accountability, and Jeremy Moller, Senior Advisor - Risk Advisory, Norton Rose Fulbright Australia https://www.lawsociety.com.au/events/events-calendar/thought-leadership-Magnitsky-act- Australia and http://www.nswccl.org.au/nswccl president at the magnitsky thought leadership forum, (accessed in March 2020). The author’s review of the Forum subsequently appeared in the Justinian, an Australian legal magazine under the blogging title, “Time to act on Magnitsky”, 31 August 2019, http://justinian.com.au/bloggers/time-to-act-on-magnitsky.html xi For example, view the 94 minute documentary “For Sama” (2019) set in Aleppo during its 6-month siege by Syrian government forces https://www.forsamafilm.com/ https://www.theguardian.com/film/2019/sep/12/for-sama-review-waad-al-kateab-aleppo-syria- documentary https://www.theguardian.com/film/2019/sep/15/for-sama-review-documentary-aleppo-syria (all accessed in March 2020) xii In summary, see “Putin’s Home: Gazprom”, pgs. 326-327, 348 in Chapter 7: Russia, Putin, and the Future of Kleptocratic Authoritarianism, also see pg. 195n, by Dawisha, K. (2014) PUTIN’S KLEPTOCRACY Who Owns Russia?, Simon & Schuster, New York. xiii To 'draw lines in the sand' has multiple lore, including: Col. William Travis (to his men at the Alamo), 'those prepared to give their lives in freedom’s cause, come over to me', in Line in the Sand http://www.texasescapes.com/MikeCoxTexasTales/Line-in-the-Sand-Alamo-History.htm but also Jesus to the scribes and Pharisees, 'let any one of you who is without sin be the first to throw a stone at her' in John 8: 1 - 11 https://www.biblegateway.com/passage/?search=John+8%3A1-11&version=ESV (both accessed in March 2020) xiv Members of the Human Rights Sub-Committee https://www.aph.gov.au/Parliamentary Business/Committees/Joint/Foreign Affairs Defence and Trade/Committee Membership xv Champagne With Dictators, https://www.abc.net.au/4corners/champagne-with- dictators/10053664 , and, “Cambodia election: Australia warned ‘you don’t drink champagne with dictators’”

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https://english.cambodiadaily.com/news/cambodia-election-australia-warned-you-dont-drink- champagne-with-dictators-139097/ (both accessed in March 2020) xvi Designations of individuals and entities under US E.O. 13818 relating to corruption in Cambodia, https://www.state.gov/global-magnitsky-program-designations-for-corruption-and-serious-human- rights-abuse/ (10 Dec 2019) , https://www.globalwitness.org/en/blog/its-the-end-of-the-year-the- global-magnitsky-sanctions-are-here/ (accessed in March 2020) xvii Hogan Lovells on Amendments to the Proceeds of Crime Act and the new Sanctions and Anti- money Laundering Bill: the UK’s answer to the Global Magnitsky Act? https://www.hlregulation.com/2018/05/14/amendments-to-the-proceeds-of-crime-act-and-a-new- sanctions-and-anti-money-laundering-bill-the-uks-answer-to-the-global-magnitsky-act/ (accessed in March 2020) xviii The Power of the Magnitsky Act, https://www.the-american-interest.com/2013/09/16/the- power-of-the-magnitsky-act/. Referenced by the Norwegian Helsinki Committee, “Norway and other democratic countries should establish global Magnitsky mechanisms”, NHC Policy Paper No.2 – 2015, https://www.nhc.no/content/uploads/2018/07/NHC PolicyPaper 2 2015 Norwayglobalmagnitsky. pdf, (both accessed in March 2020) xix Norwegian Helsinki Committee, “Norway and other democratic countries should establish global Magnitsky mechanisms”, NHC Policy Paper No.2 – 2015, especially pages 13-14, https://www.nhc.no/content/uploads/2018/07/NHC PolicyPaper 2 2015 Norwayglobalmagnitsky. pdf, (accessed in March 2020) xx The New Zealand Gov’t Superannuation Fund the world’s most innovative sovereign fund https://www.nzsuperfund.co.nz/news-media/new-zealand-superannuation-fund-named-worlds- most-innovative 6 Dec 2012 http://www.ai-cio.com/Class of 2012.aspx?page=14, 28 Nov 2012 https://www.nzsuperfund.co.nz/performance/awards xxi Statement of ICC Prosecutor, Fatou Bensouda, on the conclusion of the preliminary examination of the Situation in Palestine, and seeking a ruling on the scope of the Court’s territorial jurisdiction https://www.icc-cpi.int/Pages/item.aspx?name=20191220-otp-statement-palestine Israel fears ICC could issue global arrest warrants for top officials — report (21 Dec 2019) https://www.timesofisrael.com/israel-fears-icc-could-issue-global-arrest-warrants-for-top-officials- report/ Cabinet concerned about secret ICC arrest warrants against Israeli officials (12 Jan 2020) https://www.israelhayom.com/2020/01/12/cabinet-concerned-about-secret-icc-arrest-warrants- against-israeli-officials/ Israel said to be concerned about secret ICC arrest warrants (12 Jan 2020) https://www.jns.org/israel-said-to-be-concerned-about-secret-icc-arrest-warrants/ ICC Prosecutor to ‘Post’: Probe of Gantz, IDF officers, is premature (3 Jan 2020) https://www.jpost.com/Israel-News/ICC-Prosecutor-to-Post-Probe-of-Gantz-IDF-officers-is- premature-612938 Does the ICC stand any chance with Israel? (30 Dec 2019) https://www.insideover.com/politics/does-the-icc-stand-any-chance-with-israel.html ICC to investigate alleged Israeli and Palestinian war crimes (21 Dec 2019) https://www.theguardian.com/law/2019/dec/20/icc-to-investigate-alleged-israeli-and-palestinian- war-crimes 13 | P a g e

xxii "Israel's military deny Palestinians their fundamental rights in the occupied West Bank" (17 Dec 2019) https://www.middleeasteye.net/news/human-rights-watch-cancel-conference-jordan- announcing-report-israeli-military-orders , "Israeli (military) authorities deny that its human rights obligations extend to its treatment of Palestinians in the occupied West Bank" (17 Dec 2019) https://www.hrw.org/report/2019/12/17/born-without-civil-rights/israels-use-draconian-military- orders-repress Also watch the 110 minute documentary “Advocate” (2019) profiling Israeli human rights lawyer Lea Tsemel https://en.wikipedia.org/wiki/Advocate (2019 film) ‘Advocate’ Review: Defending More Than Just Her Clients A portrait of an Israeli lawyer who takes on difficult cases involving Palestinian clients. https://www.nytimes.com/2020/01/02/movies/advocate-review.html (all accessed in March 2020) xxiii Cited by Ward, G. (2017) The Vietnam War: An Intimate History, Alfred A. Knopf, New York, see pages 52, 84 – 85. Pres. Kennedy speech to the American people was also directed to the Soviets, the Chinese, and then South Vietnam President Ngo Dinh Diem. The Avalon Project: Documents in Law, History and Diplomacy, The Inaugural Address of John F. Kennedy, 20 January 1961, https://avalon.law.yale.edu/20th century/kennedy.asp (accessed in March 2020) xxiv Wilson, A.N. (2012) “Hitler”, Basic Books, New York, esp. Chapter 12 Final Verdict pgs. 181-190, esp. page 187. Wilson’s excellent biography of the Führer should be read alongside the masterful account of the decline and fall of the German Army’s General Staff in World War II; refer Stone, D. (2011) “Twilight of the Gods”, Conway, London. xxv Extract from "The Second Coming" (1919) by Irish poet W.B. Yeats https://en.m.wikipedia.org/wiki/The Second Coming (poem) Cited by Wilson, A.N. (2012) “Hitler”, pg 190. Also see Haass, R. (2017) A World in Disarray, American Foreign Policy and the Crisis of the Old Order, Penguin Press https://www.nytimes.com/2017/02/13/books/a-world-in-disarray-richard- haass.html?rref=collection%2Fsectioncollection%2Farts (both accessed in March 2020)

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