Click here. There is something more than resisting European ways and ideas transpiring here; if it a fuel injector, a coffee maker or the income support. The message here has something to do with a tacit unofficial communique' about unequal human value. But, you have decided that you are not as equal as some other Anglo community or possibly some other linguistic community; like the Chinese or the French. As Anglos, you don't have commensurate universal income support in comparison to the Norwegians or the French or the Germans or the Russians or the Chinese. Your sales tax is too low and what is the point of having national defense if you have not defended your citizens against the probability of joblessness occasioned by automation when, if you do not, you are only defending Drug zombies? It would take 5 minutes to do a Massachusetts style income support across all of North America that is universal and unconditional with the the more fulsome Vermont qualities on a national level with the Delaware swarthy Biedeness. Its hard to call "time" on all of the aboriginal emotions. But, at 13% sales tax or less in your national financial policies, it may be that you don't want the government to feel like it has a pulse or that it can stand for very long. But, you are the government with the people. The reason why Bieden wins is because he is expressing an aboriginal emotion subconsciously; not white, not black. The reason why Trumup wins is for the same reason and his persona is certainly in the lowest common denominator with all the French wine to satisfy the upper crusts at the same time but his package was just a bit too Euro posh Casino for Aboriginamerica but his soul is certainly just as earthy and aboriginal as Bieden's. With one read of the constitution, Truup would have been able to tell Bieden to get lost and he would have won the election. The aboriginal read the Euro Posh Casino ether as a kind of foreign tyranny especially when the casino owner did not dispense the cash necessary fast enough. He would have had two terms if he dispensed the cash in the form of a universal unconditional income support by by January 2018. Instead we got Stormy scandals; oooooh! But, he did win. Anyway, all the other President's would have agreed but Truup was too busy being dependent on people for little things. If the aboriginal was to abandon government which is the nonverbal suggestion in the Bieden emotion where he is kind of leading us to this false promise land of no government, then we abandon money and all aspects of modern life. The emotion you feel is kind of like a man who has an electronic car tire pump but he chooses to pump up the tire with an old foot pump. He has canned food and a can opener but choose to use a saw to open the can. He is the man that was told there is now hot and cold running water for every home but he turns the water mains off and goes to the river with a bucket illegally instead. There is electricity but instead, he choose a candle. There is now a national income support but he steals all the cheques instead and tells everyone to just ask for cash at the bank illegally. Income support is now paid electronically and I suppose the habit of resistance in the veins has been cured by a Swiss and Irish dna in a vaccine in the soft drinks. Drink two a week. This hesitation, the emotional dissonance between two technological points of human experience has manifested this time nonetheless as Covet 25 but usually this hesitation manifests as America taken up in a genocidal war that kills the population. You were told to think of electric regenerative engines designed by Tesla and you refused in 1908. This caused WW1. You refused the Messerschmitt fuel injector in 1936. It is emotional dissonance and not cognitive dissonance because clearly, you are not thinking but feeling angry and the Australians laugh at you and I guarantee you this emotional anchor of false self determination will continue. It will continue in some after even when every citizen has income support of more than $100,000.00 per year. Maybe you will hand wash your cars and never use a machine to express the emotion* or maybe you will never use a tablet computer with an android app for your bible study to maintain this tense emotion* vis a vis technology after every North American citizen has $80000.00 per year in support tomorrow morning. It only takes minutes to put into effect. All three world wars were predicated on the American failure to pick up the new social policies and implement them, involving a universal unconditional income support for all human and citizens whether or not they had been naturalized on American soil. A band of natives living on the river bank could not justify the hesitation. The economic problem is more like evidence. It is evident that you don't want to solve the problem or you don't understand how. The money spent on automation must be equated with money spent on maintaining market activity. There are forces, however, that are resisting an America that may have a cultural Porky's, Route 66, sense of resurgence or independence when it is no longer divided on social policies involving the income support for every citizen; a requisite policy that inoculates every citizen from the joblessness that is a causality of robotic automation. They want to be sure that America will never feel that white or wild again where there is no time to really know Egypt is in Africa or that Japan may have as many Holiday Inn Hotels and McDonalds franchises as America. But, America has to feel like something just like Australia is a nation composed of European ex pats aboriginals and half or mixed race aboriginals; with the expats being mostly Anglo and many are Asian where every citizen, black or white, has a universal unconditional income support. They still have a culture though with their unique beers and foods. The income support is not a capitulation but an opportunity to rest in the quiet of your own unique American Culture; just like the Australians do rest in their own unique culture. But what if we give all the citizens the money they need for their lives especially due to the joblessness occasioned by automation, and they can, in spite of their education, stumble aboriginally through the world of formal documented property ownership on their own; inclusive of bank account ownership and home ownership. If they don't understand or take time to understand happily these methods of ownership, then they might lose the money they have in a foolish resentment of these formal methods of property ownership in fraud land deals. What would Canada be like if it was run by the Swiss or the Icelanders? Without a coordinated universal income support program across the entire economy like in Asia, France, Germany or Sweden or Belgium or Russia, economic performance is volatile across the country and the economy. America, itself is the last Mohican. But, at a minimum of $80,000 per citizen, then who would care if Santa Claus, The Grinch or Ray from Ozark is running the country? He is from Canada anyway so that the real English people will feel hegemony over America although he is not real English, He is an aboriginal who emerged white over the centuries when people with the more pale skin white Artful Dodger dna kept breeding together. President Ray's wife was very apparently female but her gametes were male. She had no education but called everyone with full high school education a liar. She called Pastor David Gideon from California liar all day until he was not on tv any more. She did not want him to have any authority. Two half whites would make a half white and then eventually one breeds with a 3/4 white so they become more white. It is his honesty about his ancestry that makes him feel like the most genuine gym coach that will allow everyone to be accepted. He chose his running mate as an acknowledgement of his ancestry. American President Ray from Ozark, born in Sarnia Indian reserve but raised in Port Perry, is obsessed about what people think of him and he uses CNEN to edit their emotions and the political viability of his opponents. There are; certainly are real Asians in the West Indies and else where who understand a black appearing Asian with an Afro from Iwo Jima as they carry the ancient Ainu people's ancestry and dna. Then, there are those who only look Asian but maybe they are not really Asian. You put a table spoon of soya sauce when you were having babies in Connecticut to make a more Asian looking mixed race child with a white father.
Babylon is the most famous city from ancient Mesopotamia whose ruins lie in modern-day Iraq 59 miles (94 kilometres) southwest of Baghdad. The name is thought to derive from bav-il or bav-ilim which, in the Akkadian language of the time, meant 'Gate of God' or 'Gate of the Gods' and 'Babylon' coming from Greek.
The city owes its fame (or infamy) to the many references the Bible makes to it; all of which are unfavourable. In the Book of Genesis, chapter 11, Babylon is featured in the story of The Tower of Babel and the Hebrews claimed the city was named for the confusion which ensued after God caused the people to begin speaking in different languages so they would not be able to complete their great tower to the heavens (the Hebrew word bavel means 'confusion').
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See https://www.casematrixnetwork.org/#6 for more.
P.25.1. Evidence of the nature of the conditions of life imposed.
P.25.2. Evidence of the length of time for which the conditions of life were imposed.
P.25.3. Evidence of the characteristics of the members of the targeted group.
P.27. Not required: Evidence of the actual physical destruction of the group.
Element:
A. Legal source/authority and evidence:
Prosecutor v. Radoslav Brđanin, Case No. IT-99-36-T, Judgement (TC), 1 September 2004, para. 692:
"692. The group upon which these conditions are inflicted must be a protected group under the terms of the Genocide Convention. Such conditions must be calculated to bring about the physical destruction of the targeted group in whole or in part and must be inflicted on it deliberately."
Prosecutor v. Milomir Stakić, Case No. IT-97-24-T, Judgment (TC), 31 July 2003, para. 518:
"518. The words "calculated to bring about its physical destruction" replaced the phrase "aimed at causing death" proposed by Belgium in the UN General Assembly’s Sixth (Legal) Committee.1094 The Trial Chamber in Akayesu held that the expression "should be construed as the methods of destruction by which the perpetrator does not immediately kill the members of the group, but which, ultimately, seek their physical destruction".1095 The element of physical destruction is inherent in the word genocide itself, which is derived from the Greek "genos" meaning race or tribe and the Latin "caedere" meaning to kill. It must also be remembered that cultural genocide, as distinct from physical and biological genocide, was specifically excluded from the Convention against Genocide. The International Law Commission has commented:
519. It does not suffice to deport a group or a part of a group. A clear distinction must be drawn between physical destruction and mere dissolution of a group. The expulsion of a group or part of a group does not in itself suffice for genocide.1097 As Kreß has stated, "[t]his is true even if the expulsion can be characterised as a tendency to the dissolution of the group, taking the form of its fragmentation or assimilation. This is because the dissolution of the group is not to be equated with physical destruction".1098 In this context the Chamber recalls that a proposal by Syria in the Sixth Committee to include "[i]mposing measures intended to oblige members of a group to abandon their homes in order to escape the threat of subsequent ill-treatment" as a separate sub-paragraph of Article II of the Convention against Genocide was rejected by twenty-nine votes to five, with eight abstentions.1099"
"1094. UN Doc. A/C.6/217 (Belgian proposal); UN Doc. A/C.6/SR.82 (Soviet amendment).
1095. Akayesu Trial Judgement, para. 505.
1096. Report of the International Law Commission on the Work of its Forty-eighth Session, 6 May- 26 July 1996, UN Doc. A/51/10, pp. 90-91.
1097. K. Kreß, Münchner Kommentar zum StGB, Rn 57, §6 VStGB, (Munich 2003), W. A. Schabas, Genocide in International Law (Cambridge University Press, 2000), p. 200. The German courts have found that the expulsion of Bosnian Muslims from the areas in which they lived did not constitute genocide. See BGH v. 21.2.2001 – 3 StR 244/00, NJW 2001, 2732 (2733).
1098. K. Kreß, Münchner Kommentar zum StGB, Rn 57, §6 VStGB, (Munich 2003).
1099. A/C.6/234, see UN GAOR, 3rd Session, Sixth Committee, Summary Records of Meetings, 21 September to 10 December 1948, p. 176 and 186. For further details see K. Kreß, Münchner Kommentar zum StGB, Rn 53-57, 57, §6 VStGB, (Munich 2003)."
B. Evidentiary comment:
The passage of the ICTY Trial Chamber in Stakić (para. 519) seems to blur the line between the nature of the acts (in particular whether they are such as to actually bring about the physical destruction of the group) and the state of mind of the perpetrator (whether the conditions were calculated to bring about the physical destruction of the group) and to introduce a requirement that the acts must be objectively capable of bringing about the destruction of the group. This also seems implicit in the approach of the ICTR Trial Chamber in Kayishema (para. 116, above), where it states that the conditions of life in question could include "rape, the starving of a group of people, reducing required medical services below a minimum, and withholding sufficient living accommodation for a reasonable period, provided the above would lead to the destruction of the group in whole or in part." (emphasis added). Such a position is, however, to contrasted with the holding by the ICTY Appeals Chamber in Krstić (para. 32) concerning the general requirement of genocidal intent, that:
One way to reconcile these apparently conflicting views would be to read the specific requirement in paragraph (c) – that the living conditions be "calculated to bring about the physical destruction of the group" – as a more specific and perhaps more stringent requirement than the general requirement for genocidal intent under article 6. (It might indeed be argued that if this were not the case the requirement would be redundant.) This would imply the requirement that the conditions of life be capable of physically destroying the group. There is nothing, however, in the text of article 6(c) or its drafting history that would support such interpretation.
The question thus remains open as to what this element adds to the common element of genocide that the perpetrator "intended to destroy, in whole or in part, [the protected] group, as such". It may be argued that the requirement that a specific conduct be "calculated" to cause a certain outcome is different from requiring that the conduct be accompanied by the "intent" to cause that result: this, however, has yet to be established by a national court or international tribunal.
''2586. However, the Chamber recalls that the “actus reus of Article 4(2)(c) of the Statute ‘covers methods of physical destruction, other than killing, whereby the perpetrator ultimately seeks the death of the members of the group’”. While Article 4(2)(a) and (b) in that Article 4(2)(a) and (b) proscribes acts causing a specific result, i.e.: death and serious bodily or mental harm, respectively, Article 4(2)(c) concerns “those methods of destruction that do not immediately kill the members of the groups, but which, ultimately, seek their physical destruction”, i.e.: slow death.''
A. Legal source/authority and evidence:
Prosecutor v. Radoslav Brđanin, Case No. IT-99-36-T, Judgement (TC), 1 September 2004, para. 906:
"906. In the absence of direct evidence, in inferring whether the "conditions of life" imposed on Bosnian Muslim and Bosnian Croat detainees amounted to conditions calculated to bring about their physical destruction in part,2256 the Trial Chamber has focused on the objective probability of these conditions leading to the physical destruction of the group in part.2257 In evaluating this objective probability, the Trial Chamber has focused on the actual nature of the "conditions of life" and on the length of time that members of the group were subjected to them. It has also been guided, when available, by factors such as the characteristics of the members of the group upon which they were inflicted."
"2256. The Indictment alleges that Bosnian Muslim and Bosnian Croat non-combatants were detained under conditions calculated to bring about the physical destruction of a part of those groups: Indictment, para. 37(3).
2257. See N. Robinson, The Genocide Convention: a Commentary (Institute of Jewish Affairs, New York, 1960), p. 64: "[i]t is impossible to enumerate in advance the 'conditions of life' that would come within the prohibition of Article II; the intent and probability of the final aim alone can determine in each separate case whether an act of Genocide has been committed (or attempted) or not"."
P.25.1. Evidence of the nature of the conditions of life imposed.
A. Legal source/authority and evidence:
Prosecutor v. Radoslav Brđanin, Case No. IT-99-36-T, Judgement (TC), 1 September 2004, para. 906:
"906. In the absence of direct evidence, in inferring whether the "conditions of life" imposed on Bosnian Muslim and Bosnian Croat detainees amounted to conditions calculated to bring about their physical destruction in part,2256 the Trial Chamber has focused on the objective probability of these conditions leading to the physical destruction of the group in part.2257 In evaluating this objective probability, the Trial Chamber has focused on the actual nature of the "conditions of life" and on the length of time that members of the group were subjected to them. It has also been guided, when available, by factors such as the characteristics of the members of the group upon which they were inflicted."
"2256. The Indictment alleges that Bosnian Muslim and Bosnian Croat non-combatants were detained under conditions calculated to bring about the physical destruction of a part of those groups: Indictment , para. 37(3).
2257. See N. Robinson, The Genocide Convention: a Commentary (Institute of Jewish Affairs, New York , 1960), p. 64: "[i]t is impossible to enumerate in advance the 'conditions of life' that would come within the prohibition of Article II; the intent and probability of the final aim alone can determine in each separate case whether an act of Genocide has been committed (or attempted) or not"."
P.25.2. Evidence of the length of time for which the conditions of life were imposed.
A. Legal source/authority and evidence:
Prosecutor v. Radoslav Brđanin, Case No. IT-99-36-T, Judgement (TC), 1 September 2004, para. 906:
"906. In the absence of direct evidence, in inferring whether the "conditions of life" imposed on Bosnian Muslim and Bosnian Croat detainees amounted to conditions calculated to bring about their physical destruction in part,2256 the Trial Chamber has focused on the objective probability of these conditions leading to the physical destruction of the group in part.2257 In evaluating this objective probability, the Trial Chamber has focused on the actual nature of the "conditions of life" and on the length of time that members of the group were subjected to them. It has also been guided, when available, by factors such as the characteristics of the members of the group upon which they were inflicted."
"2256. The Indictment alleges that Bosnian Muslim and Bosnian Croat non-combatants were detained under conditions calculated to bring about the physical destruction of a part of those groups: Indictment , para. 37(3).
2257. See N. Robinson, The Genocide Convention: a Commentary (Institute of Jewish Affairs, New York , 1960), p. 64: "[i]t is impossible to enumerate in advance the 'conditions of life' that would come within the prohibition of Article II; the intent and probability of the final aim alone can determine in each separate case whether an act of Genocide has been committed (or attempted) or not"."
P.25.3. Evidence of the characteristics of the members of the targeted group.
A. Legal source/authority and evidence:
Prosecutor v. Radoslav Brđanin, Case No. IT-99-36-T, Judgement (TC), 1 September 2004, para. 906:
"906. In the absence of direct evidence, in inferring whether the "conditions of life" imposed on Bosnian Muslim and Bosnian Croat detainees amounted to conditions calculated to bring about their physical destruction in part,2256 the Trial Chamber has focused on the objective probability of these conditions leading to the physical destruction of the group in part.2257 In evaluating this objective probability, the Trial Chamber has focused on the actual nature of the "conditions of life" and on the length of time that members of the group were subjected to them. It has also been guided, when available, by factors such as the characteristics of the members of the group upon which they were inflicted."
"2256. The Indictment alleges that Bosnian Muslim and Bosnian Croat non-combatants were detained under conditions calculated to bring about the physical destruction of a part of those groups: Indictment , para. 37(3).
2257. See N. Robinson, The Genocide Convention: a Commentary (Institute of Jewish Affairs, New York , 1960), p. 64: "[i]t is impossible to enumerate in advance the 'conditions of life' that would come within the prohibition of Article II; the intent and probability of the final aim alone can determine in each separate case whether an act of Genocide has been committed (or attempted) or not"."
A. Legal source/authority and evidence:
Prosecutor v. Radoslav Brđanin, Case No. IT-99-36-T, Judgement (TC), 1 September 2004, para. 906:
"906. In the absence of direct evidence, in inferring whether the "conditions of life" imposed on Bosnian Muslim and Bosnian Croat detainees amounted to conditions calculated to bring about their physical destruction in part,2256 the Trial Chamber has focused on the objective probability of these conditions leading to the physical destruction of the group in part.2257 In evaluating this objective probability, the Trial Chamber has focused on the actual nature of the "conditions of life" and on the length of time that members of the group were subjected to them. It has also been guided, when available, by factors such as the characteristics of the members of the group upon which they were inflicted."
"2256. The Indictment alleges that Bosnian Muslim and Bosnian Croat non-combatants were detained under conditions calculated to bring about the physical destruction of a part of those groups: Indictment , para. 37(3).
2257. See N. Robinson, The Genocide Convention: a Commentary (Institute of Jewish Affairs, New York , 1960), p. 64: "[i]t is impossible to enumerate in advance the 'conditions of life' that would come within the prohibition of Article II; the intent and probability of the final aim alone can determine in each separate case whether an act of Genocide has been committed (or attempted) or not"."
P.27. Not required: Evidence of the actual physical destruction of the group.
A. Legal source/authority and evidence:
Prosecutor v. Radoslav Brđanin, Case No. IT-99-36-T, Judgement (TC), 1 September 2004, para. 691:
"691. "Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part" under sub-paragraph (c) does not require proof of the physical destruction in whole or in part of the targeted group.1705 […]"
Prosecutor v. Milomir Stakić, Case No. IT-97-24-T, Judgment (TC), 31 July 2003, para. 517:
"517. "Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part" under sub-paragraph (c) does not require proof of a result. […]"
A. Legal source/authority and evidence:
Prosecutor v. Milomir Stakić, Case No. IT-97-24-T, Judgment (TC), 31 July 2003, para. 519:
"519. It does not suffice to deport a group or a part of a group. A clear distinction must be drawn between physical destruction and mere dissolution of a group. The expulsion of a group or part of a group does not in itself suffice for genocide.1097 As Kreß has stated, "[t]his is true even if the expulsion can be characterised as a tendency to the dissolution of the group, taking the form of its fragmentation or assimilation. This is because the dissolution of the group is not to be equated with physical destruction".1098 In this context the Chamber recalls that a proposal by Syria in the Sixth Committee to include "[i]mposing measures intended to oblige members of a group to abandon their homes in order to escape the threat of subsequent ill-treatment" as a separate sub-paragraph of Article II of the Convention against Genocide was rejected by twenty -nine votes to five, with eight abstentions.1099"
"1094. UN Doc. A/C.6/217 (Belgian proposal); UN Doc. A/C.6/SR.82 (Soviet amendment).
1095. Akayesu Trial Judgement, para. 505.
1096. Report of the International Law Commission on the Work of its Forty-eighth Session, 6 May- 26 July 1996, UN Doc. A/51/10, pp. 90-91.
1097. K. Kreß, Münchner Kommentar zum StGB, Rn 57, §6 VStGB, (Munich 2003), W. A. Schabas, Genocide in International Law (Cambridge University Press, 2000), p. 200. The German courts have found that the expulsion of Bosnian Muslims from the areas in which they lived did not constitute genocide. See BGH v. 21.2.2001 – 3 StR 244/00, NJW 2001, 2732 (2733).
1098. K. Kreß, Münchner Kommentar zum StGB, Rn 57, §6 VStGB, (Munich 2003).
1099. A/C.6/234, see UN GAOR, 3rd Session, Sixth Committee, Summary Records of Meetings, 21 September to 10 December 1948, p. 176 and 186. For further details see K. Kreß, Münchner Kommentar zum StGB, Rn 53-57, 57, §6 VStGB, (Munich 2003)."
"557. For the same reasons, the Trial Chamber finds that the dolus specialis has not been proved in relation to "deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part." The Trial Chamber recalls in this context that deporting a group or part of a group is insufficient if it is not accompanied by methods seeking the physical destruction of the group."
B. Evidentiary comment:
The ICTY Trial Chamber in Stakić appears to have taken the position that forced deportations are not covered by article 6(c) (or at least not in themselves), apparently on the basis that they could not be calculated to destroy the group, but only to dissolve it. (On this point see the evidentiary under element 5 above.)
In Brđanin the Prosecution sought to argue that forced deportations constituted conditions of life calculated to bring about the destruction of the group under article 6(c). The Trial Chamber ruled this argument impermissible on the basis that it had not been raised in pleadings (but did not state whether it would in any event necessarily fail on the grounds discussed in Stakić).
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Angel Ronan Lex Scripta.
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