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Cardinal Pell and the Burden of Proof Peter West

The conviction of the guilty is just; it is the unremarkable business of a just criminal jurisprudence; but the conviction of the innocent strikes at the heart of justice. If it happens through error or negligence, it is bad enough; when it happens by design, it is an abomination that corrodes trust in the law itself.

Maimonides in the 12th century, in this commentary on Exodus 23:7 (Keep far from a false charge, and do not kill the innocent and righteous, for I will not acquit the wicked) concluded, “it is better and more satisfactory to acquit a thousand guilty persons than to put a single innocent man to death once in a way.”

Practical men, especially those who reasonably expect never to suffer the consequences of flawed jurisprudence, have taken a more pragmatic view than Maimonides. So English Chief Justice John Fortesque, in 1471, revised the number drastically. “Indeed I would rather wish twenty evil doers to escape death through pity, than one man to be unjustly condemned.” Later still, Lord Blackstone in the late 1760s widened the scope to all crime and punishment, writing, “Better that ten guilty persons escape than that one innocent suffer.” This last has become a fundamental maxim of common law criminal justice, generally known as Blackstone’s Ratio.

Statesmen, and the secret police, can have their own sense of the practical. Otto van Bismarck supposedly remarked that “it is better that ten innocent men suffer than one guilty man escape.” Felix Dzerzhinsky, founder of the Cheka, perpetrator of the Red Terror, head of the OGPU/NKVD, was more to the point. “Better to execute ten innocent men than to leave one guilty man alive.” One of his successors, Nikolay Yezhov, restated his argument. “Better that ten innocent people should suffer than one spy get away.” What he meant by “suffer” was illustrated, as in the pictures below, when he fell foul of the Great Purge which he had orchestrated: he was executed in 1940.

French Philosopher: ‘Left-wing Islamism and antisemitism have a future’ One of France’s most important philosophers and a widely recognized public intellectual, Alain Finkielkraut, sounded strong alarm bells over the rise of left-wing Islamism and radical antisemitism.By Benjamin Weinthal

https://www.jpost.com/Diaspora/French-Philosopher-Left-wing-Islamism-and-antisemitism-have-a-future-612682

“In France, it [antisemitism] is part of the extreme Left and a growing part of the population with a migration background,” he told the German magazine Der Spiegel on Saturday. “It is particularly worrying that the extreme left defends radical, antisemitic Islam for two reasons: ideologically, because for them, the Muslims are the new Jews, the disenfranchised; but also for tactical reasons, because today there are many more Muslims than Jews in France. So, left Islamism also has a future, and I’m afraid of that.”

In February, a Yellow Vests protester hurled antisemitic insults at Finkielkraut, calling him a “dirty Zionist shit” who should “go back to Tel Aviv.”

“Antisemitism is not a thing of the past, it even has a future,” Finkielkraut said. “I was actually the object of aggression with a proven antisemitic character. But I was not called ‘dirty Jew’ but ‘dirty  Zionist shit.’ The peculiarity of contemporary antisemitism is that it uses the language of anti-racism. Because of the existence of Israel, the Jews are now considered racists. ‘Filthy Jew’ – that was a morally disgraceful term. ‘Dirty racist’ – that is highly moral today.”

According to Der Spiegel, in Finkielkraut’s new autobiography, In First Person, he writes about how he and the leftist, gay philosopher Michel Foucault opposed the loathing of Israel during the 1970s.

“Michel Foucault was very attached to Israel,” Finkielkraut said. “That is forgotten today. He found the United Nations resolution which put racism and Zionism on the same level as intolerable. That was one of the reasons for the break between him and Gilles Deleuze, the other great philosopher of the era. The left-wing intellectuals around Deleuze were just beginning to demonize the State of Israel beyond legitimate criticism of Israeli politics. It occurred to me as much as to Foucault.”

Iran Can No Longer Rely on Shia Militias to Fight its Wars by Con Coughlin

https://www.gatestoneinstitute.org/15368/iran-shia-militias-iraq

The President’s robust response to the recent upsurge in Iranian-sponsored violence in Iraq and elsewhere in the Middle East certainly appears at odds with the perception that he has no interest in conducting military operations in the Middle East, and that his main objective is to reduce Washington’s military presence in the region ahead of this year’s presidential election contest.

And it should also send a clear signal to Tehran that its reliance on Shia militias to carry out attacks on its behalf will no longer be tolerated.

The intense pressure Iran is facing over its continued meddling in Iraq is the key factor behind the recent upsurge of violence in the Middle East that has resulted in American warplanes carrying out their biggest attack in a decade on Iran-backed militias.

Ever since the ayatollahs came to power more than 40 years ago, they have sought to distract attention away from their domestic unpopularity by getting Iran-backed Shia militias to carry out high profile attacks.

From the devastating car bomb attacks the Iranian-backed Hizbollah militia carried out against American bases in Beirut in the 1980s to the more recent attacks on Saudi Arabia’s Aramco oil facilities in October 2019, the Iranian regime has repeatedly used its proxy Shia militias to great effect to distract attention away from its domestic travails.

The beauty of this arrangement, so far as the ayatollahs are concerned, is that, by relying on Shia militias to do their dirty work, whether it is firing missiles at Israel or carrying out assassinations in Europe, Tehran is able to deny any involvement in wrongdoing.

No longer. By launching a series of air strikes against Iranian-backed militias in Iraq and Syria on Sunday night, the Trump administration has made it abundantly clear that it will no longer tolerate Tehran’s denials of its involvement in attacks against the US and its allies.

Moreover, after Washington accused Iran of being responsible for the subsequent attacks against the US Embassy in Baghdad that followed the air strikes, Tehran is risking a direct military confrontation with the US if it persists with the underhand tactic of employing proxies to carry out attacks on its behalf.

Yazidi Survivors Are Key to Bringing Islamic State Members to Justice By Bojan Pancevski

https://www.wsj.com/articles/yazidi-survivors-are-key-to-bringing-islamic-state-members-to-justice-11577882496

Efforts to compile testimonies from Yazidi victims offer first-hand evidence of genocide committed by the self-styled caliphate

BERLIN—Ivana says she was eight years old when she was sold as a sex slave to an American member of Islamic State after the group murdered her parents.

Five years after the terror militia sought to exterminate her fellow Yazidi, a religious minority in Iraq and Syria, Ivana’s testimony and those of hundreds of other victims offer evidence that might help bring Islamic State members to justice in the West.

European and U.S. authorities have struggled to successfully prosecute returning Islamic State members, largely because of the difficulties in collecting evidence of crimes that happened in Iraq and Syria.

But the Yazidi who survived carry detailed accounts of one of the militia’s worst crimes: The attempt to wipe out the religious minority and the mass enslavement of its women and female children. Islamic State interprets Islamic scriptures literally, using them to justify the murder and enslavement of Yazidis, who are adherents of an ancient religion that is neither Muslim, Christian nor Jewish and therefore perceived as subhuman by ideologues of the terror group. Now lawyers, activists and the United Nations are compiling these accounts to build cases against captured militants from the self-styled caliphate.

“He was horribly brutal. He and his wife owned me and another two Yazidi girls,” Ivana, now aged 13, says in a documentary about Yazidi survivors. The film, by a German-Yazidi lawyer, will premiere at the United Nations’ New York headquarters in January and is part of the documentation effort. CONTINUE AT SITE

Rock-throwing Iraqi militias quit U.S. Embassy after protests Ahmed Aboulenein

https://www.reuters.com/article/us-iraq-security-usa/rock-throwing-iraqi-militias-quit-u-s-embassy-after-protests-idUSKBN1Z01N9

BAGHDAD (Reuters) – Supporters of Iranian-backed Iraqi paramilitary groups who stormed the U.S. Embassy’s perimeter and hurled rocks in two days of protests withdrew on Wednesday after Washington dispatched extra troops and threatened reprisals against Tehran.

https://www.nbcnews.com/news/world/tear-gas-fired-iraqi-protesters-gather-outside-u-s-embassy-n1109216

Iraqi protesters withdraw from perimeter of U.S. Embassy, building now secured
By Saphora Smith

Iraqi protesters withdrew from the perimeter of the U.S. Embassy compound in Baghdad on the second day of demonstrations against deadly U.S. airstrikes last weekend, U.S. officials said.

“All protesters withdrew from the area in front of the US embassy and left the Green Zone. The embassy is now completely surrounded and secured by security forces,” the Joint Operation Command said Wednesday.

Europe: Anti-Christian Attacks Reach All-Time High in 2019 by Soeren Kern

https://www.gatestoneinstitute.org/15366/europe-anti-christian-attacks

The issue of anti-Christian vandalism was rarely reported by the European media until February 2019, when vandals attacked nine churches within the space of two weeks. The issue made headlines again in April 2019, when a suspicious fire gutted the iconic Notre Dame Cathedral in Paris. Since then, however, the European media are once again shrouding facts in silence.

“Seeking to destroy or damage Christian buildings is a way of ‘wiping the slate clean’ of the past.” — Annie Genevard, MP, Republicans Party, in an interview in Le Figaro, April 2, 2019.

“In the past, even if one was not a Christian, the expression of the sacred was respected. We are facing a serious threat to the expression of religious freedom. Secularism must not be a rejection of the religious, but a principle of neutrality that gives everyone the freedom to express his faith.” — Dominique Rey, Bishop of Fréjus-Toulon, in an interview with the Italian magazine Il Timone, August 5, 2019.

“We are witnessing the convergence of laicism — conceived as secularism, which relegates the faithful only to the private sphere and where every religious denomination is banal or stigmatized — with the overwhelming emergence of Islam, which attacks the infidels and those who reject the Koran. On one hand, we are mocked by the media … and on the other, there is the strengthening of Islamic fundamentalism. These are two joint realities.” — Dominique Rey, Bishop of Fréjus-Toulon, in an interview with the Italian magazine Il Timone, August 5, 2019.

Anti-Christian hostility is sweeping across Western Europe, where, during 2019, Christian churches and symbols were deliberately attacked day after day.

Gatestone Institute reviewed thousands of newspaper reports, police blotters, parliamentary inquiries, social media posts and specialized blogs from Britain, France, Germany, Ireland, Italy and Spain. The research shows (see appendices below) that roughly 3,000 Christian churches, schools, cemeteries and monuments were vandalized, looted or defaced in Europe during 2019 — which is on track to becoming a record year for anti-Christian sacrilege on the continent.

Violence against Christian sites is most widespread in France, where churches, schools, cemeteries and monuments are being vandalized, desecrated and burned at an average rate of three per day, according to government statistics. In Germany, attacks against Christian churches are occurring at an average rate of two per day, according to police blotters.

Attacks on Christian churches and symbols are also commonplace in Belgium, Britain, Denmark, Ireland, Italy and Spain. The attacks overwhelmingly involve Roman Catholic sites and symbols, although in Germany, Protestant churches are also being targeted.

Celebrating a Great Non-Event of 2019 by Douglas Murray

https://www.gatestoneinstitute.org/15350/zayn-malik-non-event

The hope of most of us in a country such as Britain is not that everybody leaves their faith, but simply that people have religious freedom and that this should include the freedom to leave a faith if you wish to do so with no repercussions against your person.

It is, in short, the essence of that Enlightenment which Europe gave the world three centuries ago. We hear plenty of news of assaults on that Enlightenment. But this story of a non-event suggests that aspects of that Enlightenment may be more solid — and attractive — than we are sometimes given to think.

This has been a year filled with bad news. It is a season that cries out for good news. So perhaps I could end the year with a reflection on something that for me has provided — in a difficult and contested era — a small source for optimism. It is really a story of something that didn’t happen. A story, as Sherlock Holmes would put it, of the dog that did not bark.

It is now more than a year since Zayn Malik revealed that he no longer considers himself a Muslim. Some readers will wonder who Malik is. He is not a religious scholar, or a leading clerical authority of any kind. For young people around the world, however, he is far more famous. Malik is a young British man, now in his twenties, of Muslim parentage who came to fame as a member of the British boyband ‘One Direction’. When the group met — in the talent show ‘X Factor’ in 2010 — the group was hailed, among other things, for its diversity. However, this was obviously not the primary reason why stadiums full of largely young women screamed themselves hoarse as the band’s members sang and danced on stage around the world.

Malik never especially pushed his faith, but there were occasional glimpses of it. As I mentioned here in 2014, during the Israel-Gaza conflict of that year, Malik sent a Tweet saying, ‘Free Palestine’ to his 13 million Twitter followers. Now of course one may be a non-Muslim and start pushing ‘Free Palestine’ messages around the web. Britain was only recently saved from having a Prime Minister who indulges in such pseudo-simplistic yet actively bigoted rhetoric. But it did seem to be pushing a religious viewpoint from someone who had — by then — considerable cultural reach.

When all of the evidence is collected together, it is as if Amnesty has declared war on Israel Researcher David Collier sets out the findings from his new 200-page report on the NGO

https://www.thejc.com/comment/comment/when-all-of-the-evidence-is-collected-tog

I have just published a forensic 200-page report on Amnesty international, the world’s largest humanitarian NGO.

The overarching conclusion is that Amnesty International has an institutional hostility towards Israel that borders on obsession, with the NGO visibly attacking Israel more frequently and with far more energy, than it does any other nation.

When all of the evidence presented is collected together, it is as if Amnesty has declared war on Israel.

The research was some of the most detailed I have carried out and it was commissioned by Jewish Human Rights Watch. I followed over 50 Amnesty social media accounts and monitored the output of over 40 staff and volunteers who work or have worked for the NGO.

I poured through 100,000s of social media posts. The process took several months and involved rigorous checks to try to identify what Amnesty were doing and how much of their time was spent focusing on Israel.

I was shocked by the findings. I knew when I started that accusations of bias against Amnesty were not new.

NGO Monitor, an Israel-based NGO that analyses anti-Israel bias has frequently been critical of Amnesty. Even having read their detailed analysis, I was still unprepared for what I found.

The report provides examples from the absurd to the foul. One Amnesty human rights researcher publicly asked non-Jewish citizens of Israel not to vote in an election. How cruel a twist is this, in a world where voting rights are so frequently denied.

An Amnesty media manager for the MENA (Middle East and North Africa) region was found advising Palestinian terror groups like Hamas not to publicly identify their martyrs if they were lost in an action, but rather to have the west believe the fallen were innocent civilians.

An Amnesty consultant tweeted an image of two Islamic Jihad terrorists, with a love heart — and she wrote the word ‘heroes’ above the images. In the same week she tweeted that others in Gaza should be careful about what they say publicly — so as not to harm ‘the resistance’.

Germany Puts Its Head in Russia’s Energy Pipeline Noose by Soeren Kern

https://www.gatestoneinstitute.org/15353/germany-russia-nord-stream-pipeline

A report by the Swedish Defense Research Agency found that Russia has threatened to cut energy supplies to Central and Eastern European more than 50 times. Even after some of those states joined the European Union, Russian threats continued.

Not surprisingly, Germany’s current Social Democratic Foreign Minister, Heiko Maas, has criticized the U.S. sanctions as foreign interference. “Decisions on European energy policy are made in Europe, not the USA,” he tweeted on December 12. “We fundamentally reject foreign interventions and sanctions with extraterritorial effects.”

U.S. President Donald Trump, like his predecessor Barack Obama, has opposed the pipeline project. Trump in particular has criticized German Chancellor Angela Merkel for her refusal to increase defense spending while at the same time supporting the pipeline that will funnel billions of dollars to Russia…. “So, we’re supposed to protect you against Russia and you pay billions of dollars to Russia and I think that’s very inappropriate. Germany will have almost 70 percent of their country controlled by Russia with natural gas. You tell me, is that appropriate?” — U.S. President Donald J. Trump.

“One must assume that Putin’s pet pipeline is not really a business venture — and that the fools are the Europeans, in particular the Germans…. In short, Nord Stream 2 could make Ukraine, Poland and the Baltic states less secure, undermine the EU’s security strategy, give Russia a big stick for threatening Eastern Europe and sow discord among NATO allies. To Mr. Putin, causing so much trouble for a mere $11 billion must seem like a bargain. For Europe it is a trap…. The mystery is why Germany has fallen into it and has been twisting French arms to do the same.” — The Economist.

A Swiss company working on the controversial Nord Stream 2 gas pipeline directly linking Russia to Germany has suspended pipelaying operations after U.S. President Donald J. Trump signed into law new sanctions.

The sanctions are part of an effort by the United States to halt completion of the €9.5 billion ($10.5 billion) pipeline, which would double shipments of Russian natural gas to Germany by transporting the gas under the Baltic Sea. Opponents of the pipeline warn that it will give Russia a stranglehold over Germany’s energy supply. Proponents counter that with European domestic natural gas production in rapid decline, the pipeline will enhance security of supply.

American sanctions may delay Nord Stream 2, but they are probably too late to kill the project. More than 80% of the 1,230-km (764-mile) pipeline has already been laid and the project is expected to be completed in 2020, according to Russia’s Deputy Prime Minister Dmitry Kozak.

On December 17, the U.S. Senate, by a vote of 86 to 6, passed the National Defense Authorization Act (NDAA), the annual defense spending bill, which includes the Nord Stream 2 sanctions language. The measure previously cleared the U.S. House of Representatives on December 11 by a vote of 377 to 48. President Trump signed it into law on December 20.

Turkey’s Gunboat Gambit in the Mediterranean by Burak Bekdil

https://www.gatestoneinstitute.org/15347/turkey-gunboats-mediterranean

Erdoğan seems to think that his best defense in the Mediterranean power game is an offense.

One emerging power in Libya, however, is not a Western state actor…. Russia has the potential to step into the Libyan theater with a bigger proxy and direct force, to establish its second permanent Mediterranean military presence.

Also as in Syria, Turkey’s Islamist agenda will probably fail in Libya, but by the time Erdoğan understands that, it might be too late to get out of Moscow’s orbit.

Turkey, since 2011, has been waging a pro-Sunni proxy war in Syria, in the hope of one day establishing in Damascus a pro-Turkey, Islamist regime. This ambition has failed, costing President Recep Tayyip Erdoğan’s Turkey violent political turmoil on both sides of Turkey’s 911-km border with Syria and billions of dollars spent on more than 4 million Syrian refugees scattered across the Turkish soil.

In Egypt, in 2011-2012, Erdoğan aggressively supported the failed Muslim Brotherhood government and deeply antagonized the incumbent — then-general but now president — Abdel Fattah al-Sisi. Since Erdoğan’s efforts in Syria and Egypt failed, his Sunni Islamist ambitions have found a new proxy-war theater: Libya.

On December 10, Erdoğan said he could deploy troops in Libya if the UN-backed Government of National Accord (GNA) in Tripoli (which Turkey supports) requested it. Erdoğan’s talks with GNA’s head, Fayez al-Sarraj, who is fighting a war against the Libyan National Army (LNA) of General Khalifa Haftar, produced two ostensibly strategic agreements: a memorandum of understanding on providing the GNA with arms, military training and personnel; and a maritime agreement delineating exclusive economic zones in the Mediterranean waters.

Greece and Egypt protested immediately while the European Council unequivocally condemned the controversial accords. Meanwhile, the deals apparently escalated a proxy competition between Turkey’s old (Greece) and new (Egypt and the United Arab Emirates) rivals.