Tag Archives: CodePink

Israel Is Terrified the World Court Will Decide It’s Committing Genocide

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:International Court of Justice HQ 2006 via Wikimedia Commons

By Marjorie Cohn

Source: ScheerPost

For nearly three months, Israel has enjoyed virtual impunity for its atrocious crimes against the Palestinian people. That changed on December 29 when South Africa, a state party to the Genocide Convention, filed an 84-page application in the International Court of Justice (ICJ, or World Court) alleging that Israel is committing genocide in Gaza.

South Africa’s well-documented application alleges that “acts and omissions by Israel … are genocidal in character, as they are committed with the requisite specific intent … to destroy Palestinians in Gaza as a part of the broader Palestinian national, racial and ethnical group” and that “the conduct of Israel — through its State organs, State agents, and other persons and entities acting on its instructions or under its direction, control or influence — in relation to Palestinians in Gaza, is in violation of its obligations under the Genocide Convention.”

Israel is mounting a full-court press to prevent an ICJ finding that it’s committing genocide in Gaza. On January 4, the Israeli Foreign Ministry instructed its embassies to pressure politicians and diplomats in their host countries to make statements opposing South Africa’s case at the ICJ.

In its application, South Africa cited eight allegations to support its contention that Israel is perpetrating genocide in Gaza. They include:

(1) Killing Palestinians in Gaza, including a large proportion of women and children (approximately 70 percent) of the more than 21,110 fatalities and some appear to have been subjected to summary execution;

(2) Causing serious mental and bodily harm to Palestinians in Gaza, including maiming, psychological trauma, and inhuman and degrading treatment;

(3) Causing the forced evacuation and displacement of about 85 percent of Palestinians in Gaza — including children, the elderly and infirm, and the sick and wounded. Israel is also causing the massive destruction of Palestinian homes, villages, towns, refugee camps and entire areas, which precludes the return of a significant proportion of the Palestinian people to their homes;

(4) Causing widespread hunger, starvation and dehydration to the besieged Palestinians in Gaza by impeding sufficient humanitarian assistance, cutting off sufficient food, water, fuel and electricity, and destroying bakeries, mills, agricultural lands and other means of production and sustenance;

(5) Failing to provide and restricting the provision of adequate clothing, shelter, hygiene and sanitation to Palestinians in Gaza, including 1.9 million internally displaced persons. This has compelled them to live in dangerous situations of squalor, in conjunction with routine targeting and destruction of places of shelter and killing and wounding of persons who are sheltering, including women, children, the elderly and the disabled;

(6) Failing to provide for or ensure the provision of medical care to Palestinians in Gaza, including those medical needs created by other genocidal acts that are causing serious bodily harm. This is occurring by direct attacks on Palestinian hospitals, ambulances and other healthcare facilities, the killing of Palestinian doctors, medics and nurses (including the most qualified medics in Gaza) and the destruction and disabling of Gaza’s medical system; 

(7) Destroying Palestinian life in Gaza, by destroying its infrastructure, schools, universities, courts, public buildings, public records, libraries, stores, churches, mosques, roads, utilities and other facilities necessary to sustain the lives of Palestinians as a group. Israel is killing whole families, erasing entire oral histories and killing prominent and distinguished members of society;

(8) Imposing measures intended to prevent Palestinian births in Gaza, including through reproductive violence inflicted on Palestinian women, newborns, infants and children.

South Africa cited myriad statements by Israeli officials that constitute direct evidence of an intent to commit genocide:

“Gaza won’t return to what it was before. We will eliminate everything,” Israel’s Defense Minister Yoav Gallant said. “If it doesn’t take one day, it will take a week. It will take weeks or even months, we will reach all places.”

Avi Dichter, Israel’s Minister of Agriculture, declared, “We are now actually rolling out the Gaza Nakba,” a reference to the 1948 ethnic cleansing of Palestinians to create the state of Israel.

“Now we all have one common goal — erasing the Gaza Strip from the face of the earth,” Nissim Vaturi, the Deputy Speaker of the Knesset and Member of the Foreign Affairs and Security Committee proclaimed.

Israel’s Strategy to Defeat South Africa’s Case at the ICJ

Israel and its chief patron, the United States, understand the magnitude of South Africa’s ICJ application, and they are livid. Israel usually thumbs its nose at international institutions, but it is taking South Africa’s case seriously. In 2021, when the International Criminal Court launched an investigation into Israel’s alleged war crimes in Gaza, Israel firmly rejected the legitimacy of the probe.

“Israel generally doesn’t participate in such proceedings,” Prof. Eliav Lieblich, an international law expert at Tel Aviv University, told Haaretz. “But this isn’t a UN inquiry commission or the International Criminal Court in the Hague, whose authority Israel rejects. It’s the International Court of Justice, which derives its powers from a treaty Israel joined, so it can’t reject it on the usual grounds of lack of authority. It’s also a body with international prestige.”

A January 4 cable from the Israeli Foreign Ministry says that Israel’s “strategic goal” is that the ICJ reject South Africa’s request for an injunction to suspend Israel’s military action in Gaza, refuse to find that Israel is committing genocide in Gaza and rule that Israel is complying with international law.

“A ruling by the court could have significant potential implications that are not only in the legal world but have practical bilateral, multilateral, economic, security ramifications,” the cable states. “We ask for an immediate and unequivocal public statement along the following lines: To publicly and clearly state that YOUR COUNTRY rejects the outragest [sic], absurd and baseless allegations made against Israel.” 

The cable instructs Israeli embassies to urge diplomats and politicians at the highest levels “to publicly acknowledge that Israel is working [together with international actors] to increase the humanitarian aid to Gaza, as well as to minimize damage to civilians, while acting in self defense after the horrible October 7th attack by a genocidal terrorist organization.”

“The State of Israel will appear before the ICJ at The Hague to dispel South Africa’s absurd blood libel,” Prime Minister Benjamin Netanyahu spokesperson Eylon Levy declared. South Africa’s application is “without legal merit and constitutes a base exploitation and contempt of court,” he said.

Israel is pulling out all the stops, including disingenuous accusations of “blood libel,” an anti-Semitic trope that erroneously accuses Jews of the ritual sacrifice of Christian children.

“How tragic that the rainbow nation that prides itself on fighting racism will be fighting pro-bono for anti-Jewish racists,” Levy added ironically. He made the astonishing claim that Israel’s military campaign to destroy Hamas in Gaza is designed to prevent the genocide of the Jews.

As the old adage goes, when you’re being run out of town, get in front of the crowd and act like you’re leading the parade.

The Biden regime rose to defend its staunch ally Israel. U.S. National Security Council spokesman John Kirby lambasted South Africa’s ICJ application as “meritless, counterproductive and completely without any basis in fact whatsoever.” Kirby claimed, “Israel is not trying to wipe the Palestinian people off the map. Israel is not trying to wipe Gaza off the map. Israel is trying to defend itself against a genocidal terrorist threat,” echoing Israel’s preposterous assertion.

Kirby’s contention that Israel is trying to prevent genocide is particularly absurd, given the fact that since Hamas killed 1,200 Israelis on October 7, Israeli forces have killed at least 22,100 Gazans, about 9,100 of whom are children. At least 57,000 persons have been wounded and at least 7,000 are reported missing. Untold numbers of people are trapped beneath the rubble.

Provisional Measures Against Israel Can Have Immediate Impact

South Africa is requesting that the ICJ order provisional measures (interim injunction) in order to “protect against further, severe and irreparable harm to the rights of the Palestinian people under the Genocide Convention.” South Africa is also asking the court “to ensure Israel’s compliance with its obligations under the Genocide Convention not to engage in genocide, and to prevent and to punish genocide.”

The provisional measures South Africa seeks include ordering Israel to “immediately suspend its military operations in and against Gaza” and to cease and desist from killing and causing serious bodily or mental harm to Palestinians, inflicting on them conditions of life intended to destroy them in whole or in part, and imposing measures to prevent Palestinian births. South Africa wants the ICJ to order that Israel stop expelling and forcibly displacing Palestinians and depriving them of food, water, fuel, and medical supplies and assistance.

The judicial arm of the United Nations, the ICJ is composed of 15 judges elected for a nine-year term by the UN General Assembly and the Security Council. It is not a criminal tribunal like the International Criminal Court; rather it resolves disputes between countries.

If a party to the Genocide Convention believes that another party has failed to comply with its obligations, it can take that country to the ICJ to determine its responsibility. This was done in the case of Bosnia v. Serbia, in which the Court found that Serbia violated its duties to prevent and punish genocide under the Convention.

The obligations in the Genocide Convention are erga omnes partes, that is, obligations owed by a state towards all the states parties to the Convention. The ICJ has stated, “In such a convention the contracting States do not have any interests of their own; they merely have, one and all, a common interest, namely, the accomplishment of those high purposes which are the raison d’être of the Convention.”

Article 94 of the UN Charter says that all parties to a dispute must comply with the decisions of the ICJ and if a party fails to do so, the other party may go to the UN Security Council for the enforcement of the decision.

An average ICJ case from start to finish can last several years (it was nearly 15 years from the time that Bosnia first filed its case against Serbia in 1993 to the issuance of the final judgment on the merits in 2007). However, a case can have an immediate impact. The filing of a case in the ICJ sends a strong message to Israel that the international community will not tolerate its actions and seeks to hold it accountable.

Provisional measures can be issued quickly. For example, the ICJ ordered measures 19 days after the Bosnian case was initiated. Provisional measures are binding on the party against whom they are ordered, and compliance with them can be monitored by both the ICJ and the Security Council.

Judgments on the merits rendered by the ICJ in disputes between parties are binding on the parties involved. Article 94 of the United Nations Charter provides that “each Member of the United Nations undertakes to comply with the decision of [the Court] in any case to which it is a party.” The judgments of the court are final; there is no appeal.

Public hearings on South Africa’s request for provisional measures will take place on January 11 and 12 at the ICJ which is located in the Peace Palace in The Hague, Netherlands. The hearings will be livestreamed from 4:00-6:00 a.m. Eastern/1:00-3:00 a.m. Pacific on the Court’s website and on UN Web TV. The court could order provisional measures within a week after the hearings.

Other States Parties to the Genocide Convention Can Join South Africa’s Case

Other states parties to the Genocide Convention can either request permission to intervene in the case filed by South Africa or file their own applications against Israel in the ICJ. South Africa’s application identifies several countries that have referred to Israel’s genocide in Gaza. They include Algeria, Bolivia, Brazil, Colombia, Cuba, Iran, Palestine, Türkiye, Venezuela, Bangladesh, Egypt, Honduras, Iraq, Jordan, Libya, Malaysia, Namibia, Pakistan and Syria.

On January 5, Quds News Network tweeted, “Jordan’s minister of Foreign Affairs, Ayman Safadi, announces that his country backs South Africa’s genocide case against Israel in the ICJ. He added that the Jordanian government is working on a legal file to follow up on the case. Turkey, Malaysia, and the Organization of Islamic Cooperation (OIC) had announced that they back the case too.”

The newly formed International Coalition to Stop Genocide in Palestine, endorsed by more than 600 groups throughout the world, has convened to urge states parties to invoke the Genocide Convention.

The coalition contends, “Declarations of Intervention in support of South Africa’s invocation of the Genocide Convention against Israel will increase the likelihood that a positive finding of the crime of genocide will be enforced by the United Nations such that actions will be taken to end all acts of genocide and those who are responsible for the acts will be held accountable.”

During the first week of January, delegations of “grassroots diplomats,” spearheaded by CODEPINK, World Beyond War and RootsAction, mounted a campaign across the United States urging nations to submit Declarations of Intervention in South Africa’s case against Israel in the ICJ. Activists traveled to 12 cities, visiting UN missions, embassies and consulates from Colombia, Pakistan, Bolivia, Bangladesh, the African Union, Ghana, Chile, Ethiopia, Turkey, Belize, Brazil, Denmark, France, Honduras, Ireland, Spain, Greece, Mexico, Italy, Haiti, Belgium, Kuwait, Malaysia and Slovakia.

“This is the rare case where collective social pressure urging governments to support the South African case can be a sharp turning point for Palestine,” said Lamis Deek, a Palestinian attorney based in New York, whose firm convened the Palestinian Assembly for Liberation’s Commission on War Crimes Justice, Reparations, and Return. “We need more states to file supporting interventions — and we need the court to feel the watchful eye of the masses so as to withstand what will be extreme U.S. political pressure on the Court.”

Suzanne Adely, president of the National Lawyers Guild, noted, “The increasing global isolation of Israel and the U.S. and their European allies is an indicator that this is a key moment for popular movements to move their governments in the direction of taking these steps and being on the right side of history.” Indeed, since October 7, millions of people throughout the world have marched, protested and demonstrated in support of Palestinian liberation.

RootsAction and World Beyond War have created a template that organizations and individuals can use to urge other states parties to the Genocide Convention to file a Declaration of Intervention in South Africa’s genocide case against Israel in the ICJ.

US government drops case against Max Blumenthal after jailing journalist on false charges

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As the mysterious disappearance of Secret Service records and complete absence of evidence supporting its case came to light, the US government dropped its bogus charges against journalist Max Blumenthal.

By Ben Norton

Source: Grayzone

The US government has dropped its bogus charge of “simple assault” against journalist Max Blumenthal, after having him arrested on a 5-month-old warrant and jailed for nearly two days.

The Grayzone has learned that Secret Service call logs recorded during the alleged incident were either not kept or destroyed. The mysteriously missing evidence included print documents and radio recordings that may have exposed collusion between Secret Service officers operating under the auspices of the US State Department and violent right-wing hooligans in an operation to besiege peace activists stationed inside Venezuela’s embassy in Washington, DC.

Blumenthal, who is the editor of The Grayzone, was arrested at his home on October 25 by a team of DC cops who had threatened to break down his door. He later learned that he was listed in his arrest warrant as “armed and dangerous,” a rare and completely unfounded designation that placed Blumenthal at risk of severe harm by the police.

The government’s case rested entirely on a false accusation by a right-wing Venezuelan opposition activist, Naylet Pacheco, that Blumenthal and Benjamin Rubinstein had assaulted her while they were delivering food to Venezuela’s embassy in Washington, DC in the early morning on May 8. (Rubinstein is the brother of journalist and Grayzone contributor Alexander Rubinstein, who was reporting from inside the embassy at the time.)

The Grayzone has reported extensively on the corruption of coup leader Juan Guaidó, whom Washington recognizes as “interim president” of Venezuela, as well as the scandals plaguing Guaidó’s “ambassador” to the United States, Carlos Vecchio.

Vecchio personally presided over the weeks-long siege of Venezuela’s embassy in Washington, DC, stage-managing efforts by a mob of rabid right-wing activists to prevent peace activists from receiving deliveries of food and sanitary supplies.

As The Grayzone reported, the Donald Trump administration has diverted USAID funding originally intended to assist Central American migrants to pay the salaries of Vecchio and his team in Washington.

The US Department of Justice dismissed its case against Blumenthal on December 6. On the same day, it also dropped charges against Rubinstein, who had been arrested on May 8, hours after the food delivery.

“I’m relieved the government has finally decided to drop these phony charges against me. But I’m also disgusted,” Max Blumenthal said, “because I should never have been hauled out of my house and thrown in jail for an obviously politically motivated, false allegation that the police failed to investigate.”

Disappeared Secret Service call logs ‘highly unusual’

Lawyers representing Blumenthal and Rubinstein placed multiple and highly specified discovery requests to the prosecutor for Secret Service call recordings and reports logged on May 8 at the location of the embassy food delivery. The US prosecutor was unable to satisfy the request, verbally confirming that if the documents had existed, they no longer did.

“This is highly unusual and highly notable, almost inexplicable in the ordinary course of operations that these records were not maintained and preserved,” said Carl Messineo, the counsel to Rubinstein and a co-founder of the Partnership for Civil Justice Fund. “Given the false nature of allegations and that they advanced a prosecution based on these it is really questionable that this information was not produced.”

Beyond the mysterious disappearance of the call logs, there was a complete dearth of evidence on the prosecution’s side.

William Moran, who served as Blumenthal’s attorney, wondered why law enforcement trusted Pacheco, an accuser with such clear credibility issues. “The local police advanced a fraudulent case against a journalist on the word of a complainant who told at least six different, increasingly exaggerated stories and made identical accusations that night about at least three other individuals,” he said.

One Venezuelan opposition member whose identity remains under a protective order provided testimony to police attempting to corroborate Pacheco’s claims about Blumenthal and Rubinstein. According to Moran, that person had been convicted for the impeachable offense of writing fraudulent checks.

“The DC police wholly failed to conduct a proper investigation before calling for the arrest and imprisonment of a dissident journalist that they labeled without any cause whatsoever as ‘armed and dangerous,’ placing him in mortal danger,” Moran stated.

A pattern of false assault allegations and police collusion

The arrest of Blumenthal was part of a wider pattern of political persecution of those who resisted the seizure of the Venezuelan embassy by a US-backed coup administration.

On November 13, police appeared at the home of Medea Benjamin to threaten her with arrest, after she too was falsely accused of assault. Benjamin, a co-founder and leader of the anti-war group CODEPINK, had been a prominent figure in the Venezuelan Embassy Protection Collective.

Benjamin was accused by members of the Venezuelan opposition of assaulting Representative Debbie Wasserman-Schultz, who had joined Carlos Vecchio for a press conference on Capitol Hill. The police eventually left without arresting Benjamin, because they did not have a warrant.

Video of the incident revealed that it was, in fact, Benjamin who was assaulted by Vecchio’s notoriously violent minions.

During the same press conference, a member of the Venezuelan opposition seized the phone of journalist Wyatt Reed. When Reed complained to a Secret Service officer on site, the officer brushed him off.

Diliana Bustillos, a Venezuelan opposition lobbyist who participated in a May 8 press conference falsely accusing peace activists of violence, threatened Reed after the incident, warning that he would “end up like [Max Blumenthal] and Ben [Rubinstein].”

Mara Verheyden-Hilliard, a civil liberties lawyer with the Partnership for Civil Justice Fund, was present throughout much of the embassy siege. She noticed clear collusion between the right-wing opposition mob outside and the Secret Service, who were operating at the time under the watch of the State Department.

“Throughout the siege of the peace activists at the Venezuelan embassy,” Verheyden-Hillard said, “it was apparent to those on the scene that there was what looked like a facilitated effort between the government and the mob besieging the embassy.”

Mainstream media silence, demonization by regime change activists

The Washington Post reported extensively on the siege of the Venezuelan embassy, presenting the situation largely from the opposition’s perspective. The paper’s correspondent, Marissa Lang, uncritically conveyed Pacheco’s false charges, writing that “she said she was pushed against a wall and kicked by several men, then spent hours at a hospital being treated.”

However, the Washington Post did not report on Blumenthal’s arrest and imprisonment five months later or any of his public comments about the high-profile incident.

Meanwhile, an assortment of malicious regime-change cheerleaders seized on Blumenthal’s arrest to defame him with false and now-discredited claims on social media:

  • Bellingcat founder Elliot Higgins promoted a Medium post by an anonymous author who has routinely smeared Blumenthal, which featured his arrest warrant and a video of the complainant’s false testimony. He then repeatedly criticized skeptics who expressed doubts about the completely unfounded allegations against Blumenthal. Higgins’ website Bellingcat is funded by the National Endowment for Democracy, a regime change arm of the US government, and the UK Foreign Office via the Zinc Network, among other entities.
  • Foreign Policy senior editor and anti-China hawk James Palmer declared without a scintilla of evidence that Blumenthal “assault[ed] people freely.”
  • Freelance journalist and longtime Syria regime-change activist Danny Gold claimed falsely and without proof that Blumenthal “kicked an old woman in the stomach.”
  • Idrees Ahmad, a Stirling University professor of journalism who has obsessively denigrated Blumenthal and even phoned him to threaten him against publishing a factual investigative report on the Syrian White Helmets, falsely accused Blumenthal of “manhandling an elderly woman.”
  • Istanbul-based TRT World contributor Wilson Dizard suggested that Blumenthal was guilty before being proven innocent, insisting that a Grayzone account of his arrest “does not actually provide an alternative version of events.”
  • Oz Katerji, the notorious regime change fanatic who was recently fired from the Daily Mail for denigrating its columnist Peter Hitchens on social media, declared that he would “probably buy the guys who shackled pro-Assad war crimes denier Max Blumenthal to the floor for assaulting a Venezuelan protester a beer or two.” Katerji later insisted without any basis that “there’s video evidence” to support the false charge against Blumenthal.
  • Dutch regime-change activist Thomas van Linge, who fancied himself a Syria expert before moving on to advocate for Western-backed right-wing opposition groups in Iran, Bolivia, Hong Kong, and beyond, denied that Blumenthal’s arrest was political and instead outrageously claimed he was “arrested for kicking a pregnant woman.” Even in the totally fabricated accusations against Blumenthal, no one ever claimed that the alleged victim, right-wing Venezuelan activist Naylet Pacheco, who is 58 years old, was pregnant. As of the publication of this article, van Linge still has not deleted this patently false, defamatory claim.
  • Neil Hauer, a self-described “freelance analyst” who has previously consulted for the European Union and US Marines, called journalist Jeet Heer a “moron” for publicly advocating for Blumenthal.
  • UK liberal interventionist Sunny Hundal also attacked Heer for defending Blumenthal, asserting that “given the person in question I think you should exercise some judgement before accepting his story at face value.”
  • The anonymous right-wing Reagan Battalion Twitter account falsely claimed that Blumenthal was “arrested for kicking a pregnant woman,” misrepresenting the identity of the complainant while not even bothering to frame the non-existent incident as an alleged assault. In a previous spasm of mendacity, the Reagan Battalion declared that Blumenthal “works for” foreign socialist governments and smeared him as “a puppet for every dictator around the globe.”
  • Liberal feminist Mona Eltahawy falsely smeared Blumenthal as a supposed abuser of women and a “piece of shit.”
  • Right-wing pro-Israel lobby group StopAntisemitism.org defamed Blumenthal, who is Jewish, as an “antisemite,” cheered his arrest, and falsely asserted he “assault[ed] a Venezuelan opposition figure.” This pro-Israel organization has also smeared left-wing Jewish activist Ariel Gold and Muslim American progressives Ilhan Omar, Rashida Tlaib, and Linda Sarsour as supposed “antisemites.”
  • Joshua Holland, a liberal contributor to The Nation, publicly lashed out at media critic Joe Emersberger and implied the false, totally unsubstantiated allegations could be true.
  • Joshua Frank, an editor of the former-muckraking website CounterPunch, downplayed the attack on Blumenthal, whitewashed the state repression, and called on people “to not blow this all out of proportion, as Max is likely to do for his own gain.” Frank, who has viciously maligned journalists and activists who opposed the international proxy war on Syria, also derided this present reporter, Ben Norton, with superficial ad hominem insults.
  • Sean Davis, a co-founder of the hard-right website The Federalist and a longtime conservative activist who has worked for numerous Republican politicians, spread the fake accusations. Davis’ website The Federalist has been widely criticized for blatant racism (it once had a tag devoted specifically to “black crime“), and it published an article defending far-right Alabama judge Roy Moore after he was accused of dating teenage girls as young as 14.

Asked about the wave of libelous attacks spurred by his arrest on false charges, Blumenthal commented, “The outpouring of support I’ve received from around the world has been more profound and meaningful than any of the smears from the usual suspects. But that does not mean that I will let this campaign of lies go unanswered. This whole episode began with a false, defamatory accusation, and I plan to take the necessary actions to see it ends with a sense of justice.

 

Who’s the “Low Life Scum:” Kissinger or CODEPINK?

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kissinger-wanted

By Medea Benjamin

Source: Information Clearing House

A very angry Senator John McCain denounced CodePink activists as “low-life scum” for holding up signs reading “Arrest Kissinger for War Crimes” and dangling handcuffs next to Henry Kissinger’s head during a Senate hearing on January 29. McCain called the demonstration “disgraceful, outrageous and despicable,” accused the protesters of “physically intimidating” Kissinger and apologized profusely to his friend for this “deeply troubling incident.”

But if Senator McCain was really concerned about physical intimidation, perhaps he should have conjured up the memory of the gentle Chilean singer/songwriter Victor Jara. After Kissinger facilitated the September 11, 1973 coup against Salvador Allende that brought the ruthless Augusto Pinochet to power, Victor Jara and 5,000 others were rounded up in Chile’s National Stadium. Jara’s hands were smashed and his nails torn off; the sadistic guards then ordered him to play his guitar. Jara was later found dumped on the street, his dead body riddled with gunshot wounds and signs of torture.

Despite warnings by senior US officials that thousands of Chileans were being tortured and slaughtered, then Secretary of State Kissinger told Pinochet, “You did a great service to the West in overthrowing Allende.”

Rather than calling peaceful protesters “despicable,” perhaps Senator McCain should have used that term to describe Kissinger’s role in the brutal 1975 Indonesian invasion of East Timor, which took place just hours after Kissinger and President Ford visited Indonesia. They had given the Indonesian strongman the US green light—and the weapons—for an invasion that led to a 25-year occupation in which over 100,000 soldiers and civilians were killed or starved to death. The UN’s Commission for Reception, Truth and Reconciliation in East Timor (CAVR) stated that U.S. “political and military support were fundamental to the Indonesian invasion and occupation” of East Timor.

If McCain could stomach it, he could have read the report by the UN Commission on Human Rights describing the horrific consequences of that invasion. It includes gang rape of female detainees following periods of prolonged sexual torture; placing women in tanks of water for prolonged periods, including submerging their heads, before being raped; the use of snakes to instill terror during sexual torture; and the mutilation of women’s sexual organs, including insertion of batteries into vaginas and burning nipples and genitals with cigarettes. Talk about physical intimidation, Senator McCain!

You might think that McCain, who suffered tremendously in Vietnam, might be more sensitive to Kissinger’s role in prolonging that war. From 1969 through 1973, it was Kissinger, along with President Nixon, who oversaw the slaughter in Vietnam, Cambodia and Laos—killing perhaps one million during this period. He gave the order for the secret bombing of Cambodia. Kissinger is heard on tape saying, “[Nixon] wants a massive bombing campaign in Cambodia. He doesn’t want to hear anything about it. It’s an order, to be done. Anything that flies or anything that moves.”

Senator McCain could have taken the easy route by simply reading the meticulously researched book by the late Christopher Hitchens, The Trial of Henry Kissinger. Writing as a prosecutor before an international court of law, Hitchens skewers Kissinger for ordering or sanctioning the destruction of civilian populations, the assassination of “unfriendly” politicians and the kidnapping and disappearance of soldiers, journalists and clerics who got in his way. He holds Kissinger responsible for war crimes that range from the deliberate mass killings of civilian populations in Indochina, to collusion in mass murder and assassination in Bangladesh, the overthrow of the democratically elected government in Chile, and the incitement and enabling of genocide in East Timor.

McCain could have also perused the warrant issued by French Judge Roger Le Loire to have Kissinger appear before his court. When the French served Kissinger with summons in 2001 at the Ritz Hotel in Paris, Kissinger fled the country. More indictments followed from Spain, Argentina, Uruguay—even a civil suit in Washington DC.

Hitchens was disgusted by the way Henry Kissinger was treated as a respected statesman. He would have been appalled by Senator McCain’s obsequious attitude. “Kissinger should have the door shut in his face by every decent person and should be shamed, ostracized, and excluded,” Hitchens said. “No more dinners in his honor; no more respectful audiences for his absurdly overpriced public appearances; no more smirking photographs with hostesses and celebrities; no more soliciting of his worthless opinions by sycophantic editors and producers.”

Rather than fawning on him, Hitchens suggested, “why don’t you arrest him?”

Hitchens’ words were lost on Senator McCain, who preferred fawning to accountability. That’s where CodePink comes in. If we can’t get Kissinger before a court of law, at least we can show—with words and banners—that there are Americans who remember, Americans who empathize with the man’s many victims, Americans who have a conscience.

While McCain called us disgraceful, what is really disgraceful is the Senate calling in a tired old war criminal to testify about “Global Challenges and the U.S. National Security Strategy.” After horribly tragic failed wars, not just in Vietnam but over the last decade in Iraq and Afghanistan, it’s time for the US leaders like John McCain to bring in fresh faces and fresh ideas. We owe it to the next generation that will be cleaning up the bloody legacy left behind by Kissinger for years to come.