Showing posts with label Peter A. Belmont. Show all posts
Showing posts with label Peter A. Belmont. Show all posts

Wednesday, 12 October 2011

Mahmud Ramadan to Al-Manar Website: This is Why Antonio Cassesse Resigned…

 
Hussein Assi
Mahmud Ramadan to Al-Manar Website:
This is Why Antonio Cassesse Resigned…

  • Health Reasons Not Enough… Even if True!
  • Judge Cassesse Committed Big Mistakes
  • Cassesse Pressured to Revive Indictment
  • Judges Keep Conscience despite Pressures
  • Int’l Tribunals Generally Politicized, Unfair
  • Cassesse Resignation Will Not Affect STL
  • Why Doesn’t Hariri Family Finance STL?
  • Lebanese Want Truth… But Not Whatever!

International law expert Dr Mahmud Ramadan said the health reasons were not enough for the Special Tribunal for Lebanon (STL) President Antonio Cassesse to resign from his post. Ramadan doubted such reasons were true, but said that even if they were true, they are not enough. He declared that if they had been enough, then Cassesse would have resigned from the whole tribunal.

In an exclusive interview with Al-Manar Website, Dr Ramadan spoke of a number of unannounced reasons behind Cassesse’s resignation, and pointed to a number of causes that were not settled by him. He hinted that Cassesse was pressured to revive the indictment by adding the names of some officials from neighboring countries, mainly Syria, to the list of suspects.

Dr Ramadan also noted that the Lebanese state can reject the STL financing under the pretext that it was financially unable to pay the required amount. He undermined all claims of possible sanctions to be imposed on Lebanon in such case. Yet, he pointed to the presence of specific sides which are more concerned with the martyrdom of former Prime Minister Rafiq Hariri than other Lebanese, in reference to the Hariri family. He wondered why this family does not contribute in financing the tribunal, given that it possesses capabilities that are probably not available to the state. He stressed that Lebanese want truth and justice, but highlighted they don’t want whatever.


HEALTH REASONS NOT ENOUGH

International Law expert Dr Mahmoud Ramadan pointed to the resignation of STL President Antonio Cassesse as announced by the tribunal. The tribunal declared on Monday that Judge Sir David Baragwanath has been unanimously elected President of the Tribunal and Presiding Judge of the Appeals Chamber, after being proposed by Vice-President Ralph Riachy and Judge Antonio Cassese. It said that the appointment of the new President by the Appeals Chamber follows the resignation, on health grounds, of Judge Cassese as President. Yet, it noted that Judge Cassese will continue to serve as a Judge of the Tribunal's Appeals Chamber.
Dr Ramadan noted that this resignation was not the first in relation with the STL, but remarked that it was the first of its kind at the level of the judges, as previous resignations were administrative. He said that the health grounds announced by the tribunal were not enough and do not justify the resignation, especially that Cassesse will continue to serve in the Appeals Chamber. Thus, he doubted the credibility of these grounds, and said that, even if they were true, then nothing justifies why he didn’t resign from the whole tribunal.

Dr Ramadan pointed, meanwhile, to some other causes which were not settled by Cassesse as STL President, including the request made by former General Security Chief General Jamil Sayyed to get false witnesses’ documents. He said that Cassesse who, instead of taking a decision in this regard, transferred the file to United Nations chief Ban Ki-moon, has committed an enormous mistake. “It is true that the tribunal was created through an international resolution, but this doesn’t mean that it should not perform its duties freely,” he said, as he also quoted Cassesse himself as telling his students during an earlier stage that all international tribunals are politicized.


CASSESSE PUZZLED…

Dr Ramadan expressed belief that Cassess want to escape the lights and prefers to be a normal judge in the meaning that he doesn’t want to assume responsibility, given that the tribunal’s president holds the hugest responsibility. He pointed to the false witnesses’ issue. “The STL Prosecutor himself admitted their testimonies were inaccurate. Yet, no one suggested to even question them, nothing more. Here, the STL President assumes a big part of the responsibility,” he explained.

Ramadan also pointed to the obstacles preventing the arrest of the suspects, who are still not indicted. He hinted in this context that some sides were pressuring Cassesse to issue an indictment convicting the four suspects, even before the trial goes on. Even more, the most dangerous thing according to him is that the STL President might have been pressured to revive the indictment by adding the names of officials in brother states, mainly Syria, to the list of suspects.

Dr Ramadan said that, for all the reasons listed above, Cassesse found himself puzzled. “At the end, he’s a judge. The judge has always his conscience playing, regardless of all pressures. He can’t afford trying innocent people,” he said. He recalled that international tribunals are generally politicized and unfair.



ALTERNATIVES AVAILABLE…

The international law expert said that the resigning STL President is also aware of the current conflict in Lebanon over the legal aspect of the tribunal. He recalled that this tribunal was created under Chapter 7 of the United Nations pact and that it was neither legal nor constitutional, given that its creation procedures were not valid. He highlighted that it was a Special Tribunal for Lebanon, not an international tribunal with the absolute meaning of the term. He also pointed that it was created under the demand of a specific Lebanese side which does not enjoy the required legality, in reference to then unconstitutional government of Fouad Saniora. He recalled that constitutional norms were not adopted, as the Parliament did not even discuss it.

Dr Ramadan concluded that the health grounds, even if true, were absolutely not enough for the STL President to resign. He noted that if such grounds were accurate, then Antonio Cassesse would have resigned from the whole tribunal and would not continue to serve as a Judge of the Tribunal's Appeals Chamber. Yet, he ruled out that this resignation would leave an impact on the tribunal’s process, and said that alternatives are always available. “Whoever appoints the judges, mainly the foreign ones, has always an alternative,” he said.


LEBANON UNABLE TO PAY
In a related issue, Dr Ramadan stressed the necessity that the government takes a firm and solid stance towards the tribunal. He urged the cabinet to return to the signed protocol between the Lebanese state and the United Nations concerning the procedures, and noted that clause 18 or 19 allows the Lebanese state to demand the international organization to reconsider the tribunal’s decisions.

Dr Ramadan tackled the conflict taking place over financing the STL, and spoke of two ways to deal with the issue. He said that if Lebanon does not pay the required amount, then other states could compensate the lack of money, and this is basic. He explained that the Lebanese state cannot refuse to finance the STL under the pretext that it was financially unable to do so, which is true. He pointed to the recent crisis that erupted in Athens and Portugal and which is expected in other European countries. “The situation in Lebanon is even more complicated given the number of its citizens and its space,” he said.


WHAT ABOUT HARIRI FAMILY?

Dr Ramadan pointed to the presence of specific sides which are more concerned with the martyrdom of former Prime Minister Rafiq Hariri than other Lebanese, in reference to the Hariri family. He wondered why this family does not contribute in financing the tribunal, given that it possesses capabilities that are probably not available to the state.

The expert undermined claims of sanctions to be imposed against Lebanon in case the STL was not financed. He said that if the financing sources was not guaranteed, then the UN chief could urge the world governments to contribute. He said that sanctions were out of discussion, and said that a big part of the Lebanese population declared its commitment to the tribunal, but found itself unable to pay the required amount of money.
To conclude, Dr Ramadan reiterated that Lebanese in general want truth and justice. He pointed that all Lebanese were concerned, but that they do not seek “whatever.”
Source: Al-Manar Website

River to Sea Uprooted Palestinian

Saturday, 30 July 2011

Jamil Sayyed: Hariri Head of Conspiracy in His Father’s Case

Local Editor
General Jamil Sayyed said that the first thing that came to his mind when receiving the news about the accusation of Hezbollah members in the assassination of late PM Rafiq Hariri, was the day when he, and the three other generals were falsely accused and arrested for the same reason.
In an interview with Al-Manar TV Friday, General Sayyed asked: “What Saad Hariri and what international justice will the Lebanese believe now?”
“Will they believe the “justice of 2005” or the “justice of 2011”, and what will stop the same incidents that happened with the four officers from happening with the accused members of Hezbollah?”
He stated that “Saad Hariri leads the false witnesses’ conspiracy in his father’s assassination. He knows that he assassinated his father once again when he conspired with the false witnesses, and I have evidence on that…”
General Sayyed further considered that “for Hezbollah to triumph over the indictment, it neither needs arms nor strength. It only needs the state’s recognition that the tribunal failed due to its mistakes.”

“The International Tribunal’s General Prosecutor Daniel Bellemare seeks to protect Saad Hariri, Marwan Hamadeh and others. Hence, the tribunal is a tool in the hands of Israel and America against Syria and the resistance… the false witnesses issue is not just political but also juristic.”
Regarding Bellemare’s intention to officially declare the names of the four Hezbollah members accused by the international tribunal, former General Security Chief reminded that “the international tribunal has destroyed itself, and now Bellemare and (Daniel) Francen are fighting for executing their goals. Justice requires that Saad Hariri gets imprisoned in Lahai because of the false witnesses.”
In parallel, when asked about the false witnesses’ effect on the tribunal, General Sayyed said: “the case starts with (Information Branch Chief) Wissam Al-Hasan, (State Prosecuter) Said Mirza, (ISF Chief) Ashraf Rifi, (PM Saad) Hariri, and (MP Walid) Jumblatt, as the people cannot believe them anymore unless they clarify before the Lebanese public opinion the reason behind seizing Lebanon for six years and protecting as well as creating the false witnesses. What was their goal?”
Moreover, General Sayyed added that “after the international tribunal refused to adopt the false witnesses’ case, the Lebanese court should study such a case. The tribunal is supposed to refer this case to the judicial council and trial Mirza and Rifi”.
Source: Al Manar TV
30-07-2011 - 15:08 | 184 View

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Friday, 22 October 2010

The Four Israels



Peter A. Belmont
ESSAY 104
2010-05-07
© 2010 by Peter A. Belmont, Brooklyn, New York
In Roshomon style, I describe four Israels. The First Israel is the dream Israel, to which no one (some believe) can rightly object, comforting to liberal Jews. The Second Israel is the illegitimate Israel, to which everyone must object (others believe), a frightening bogey especially to militarist Zionists who speak of it constantly in response to BDS. The Third Israel is the Israel of wars and occupation and human-rights violations, with which the Palestinians must grapple, the target of the BDS movement. The fourth Israel is the peaceable kingdom for which the world waits, ever so long, the Israel no longer at war, the Israel that lives at peace with its Palestinian neighbor.
Like anything else more complex than tic-tac-toe, Israel is a social construct. Because of its history and the dreams and nightmares woven around it, however, it is not just one social construct, or even two. There are three principal Israels. A fourth beckons on the horizon.

The First Israel

The First Israel is the dream Israel, beloved of liberal Zionists in the USA, Israel, and elsewhere. The dream is the guilt-free solution to past European anti-Semitism and the Holocaust, a guilt-free place to escape present and future anti-Semitism, a guilt-free home for the Jews who want to live there (non-Israeli believers in the First Israel don’t, for the most part, want to live there), a guilt-free place of artists, authors, scientists (yes and Nobel Prize winners), and water-conserving farmers, a place which came into existence at some slight cost to another people, but, hey, the Palestinians should have been welcomed in 1948 by their Arab brethren. The war of 1948? Israel was attacked by the Arab states! The Palestinian refugees? There are always discomforts and dislocations after wars, and the fact that the Palestinian refugees of 1948 didn’t disappear into the woodwork, as they properly should have, isn’t Israel’s fault. The fact that the Palestinians are still complaining after all these years is certainly not Israel’s fault and is an unfair attack on the legitimacy of the First Israel. Gaza? Shmaza! Israel had a right to fight back against all those rockets! The Goldstone Report? Just legal mumbo-jumbo. Settlements and a Wall in the West Bank? Israel won the war in 1967, and therefore owns the land. It’s just using its own land. Jews have a right to live anywhere in Mandatory Palestine. The Mandate said so. (And, as some say, God said so.) And, always, Israel has a right to its security against the threats and attacks of these people who have no legitimate complaint.

In the First Israel story or “construct”, it is the Palestinians who are somehow illegitimate, not Israel.

The First Israel is a sort of “teddy bear” which liberal Jews carry around with them, of particular use as a comfort toy whenever the news (i.e., vibes of the Third Israel, q.v. below) reaches within their coddled consciousness. Keeping the Third Israel at bay is not so hard, however, as it is the settled policy of the US main stream media (“MSM”) (and especially, and most shamefully, of the New York Times (“NYT”), which hid the Holocaust in the 1940s) to hide unpleasant realities of the Third Israel today. Cherishers of the First Israel largely ignore the actual present in favor of a mythical past.


The Second Israel

The Second Israel is a rather different idea or “construct”, the nightmare of right-wing, human-rights-be-damned Israelis and other Zionists. It is the First Israel turned on its head, the critur that should have been aborted or strangled at birth. It is the idea of an illegitimate creation, born of terrorist rebellion against legitimate authority and aggressive war against an unoffending people by robbers, thieves, monsters!

You might suppose that this Second Israel would be the nightmare of the Palestinians, but they are too busy trying to cope with the Third Israel, to which I will soon turn, to have time to dwell on the Second Israel.

The Second Israel is the bogeyman which Zionists imagine, fear, detest, and have fully internalized, and against which, in a spasm of “denial”, they cry out, as many have been doing during the recent surge of Boycott, Divestment, and Sanctions (BDS) activity, complaining to the heavens that people are trying to “delegitimize Israel”. The idea of the Second Israel is the flip side of the idea of the First Israel: it is the idea you get by a small change of moral or ethical perspective based on the well-known facts of Israel’s founding, but still largely ignoring the present.

The Second Israel is the delegitimized Israel, the Israel that is and always was illegitimate. A bad seed.

The Zionists recognize this Israel, because the idea that the a country could be created only by expelling the legitimate government, the British, who from 1922 to 1948 were the legitimate government of Mandatory Palestine—by application of terroristic force—is an idea that had to be imagined and accepted and acted upon by the early Zionists. (They see the proposed creation of a New Palestine within Israel/Palestine as a replay of this script, with Palestinian armed national self-assertion seen as “terrorism” threatening themselves.)

The Zionists recognize this Israel, because the idea that a country could be created inside another people’s country by force of arms is an idea that had to be imagined and accepted and acted upon by the early Zionists. (They see the proposed creation of a New Palestine within Israel/Palestine as a replay of this script, but now threatening themselves.)

They recognize this Israel, because the idea that a country could be created by expelling the residents (or most of them) from that people’s own country is an idea that had to be imagined and accepted and acted upon by the early Zionists. (They see the proposed expulsion of the settlers from the West Bank—and the often mentioned “pushing of the Jews into the sea”—as a replay of this script, but with Jews being the proposed expellees.)

There was “no space between” these Zionist ideas and what in other circumstances is called criminality—not a comfortable thought for anyone wedded to the dream of the First Israel, but a commonplace for anyone acquainted with the history of Israel. This is what Israel-apologists mean when they say that “you cannot make an omelet without breaking eggs”, a sly suggestion that what happened to the Palestinians was a slight inconvenience and, more importantly, a sly elision of the entire question of whether the omelet should ever have been made in the first place (what with the need to break eggs quite well understood up front).

The Second Israel is not a bogey of believers in the First Israel, for if the thought, “Whatever have we done?” edgily threatens to creep into any mind wedded to the First Israel, it is quickly swept out, a thing unclean, like breadcrumbs before passover.

The Second Israel is not a bogey of believers in the Third Israel, for the horrors imposed by present-day Israel upon Palestinians living in the occupied territories is the reality with which human-rights activists and Palestinians must deal, in the here and now, and it leaves no time for philosophical ruminations about the Second Israel.


The Third Israel

The idea of the Third Israel is the idea of the Israel with which Palestinians and others must live today, the on-going reality as perceived, the Israel of intense oppression of the Palestinian people.

This is not only the perception (or idea or construct) of Palestinians and their most natural colleagues. It is also the idea of increasing numbers of young American Jews, such as these Jews at Brandeis.:

This is where we are today. For many young American Jews, the only association they have with Israel is the conflict with the Palestinians. Israel is the country that oppresses Palestinians, and nothing more.

No longer is Israel the country that managed to forge a future for the Jewish people when it was left in tatters after the Holocaust.

* * *

Nor is Israel the place where Jewish cultural creativity is exploding with newfound energy

* * *

No, Israel is none of those things. For many young American Jews, it is only the country of roadblocks and genocide, of a relentless war waged against the Palestinians for no apparent reason.

The Third Israel is the Israel which went beyond its difficult birth and said, we are not satisfied, we want more. It is the Israel that said, we do not accept the small place proposed for us by the UN in 1947 (55% of Mandatory Palestine for 1/3 the population). It is the Israel that said, we do not accept the larger but nevertheless small place we gained by the warfare and ethnic cleansing of 1948 (78% of Mandatory Palestine, with 85% of the Arabs removed and never allowed to return).

This is the Israel which said, hey, force of arms works so well that we should really keep using it. Let us refuse to make peace and there will be war forever, which we will win. War is our metier. With peace we would not know ourselves. We are warriors and evermore shall be so. This is the Israel that seeks to expand to occupy all of Israel/Palestine by gradually expelling the Palestinian people now living under occupation and replacing them with Israel’s illegal settlers.

This is also the Israel which said that there is no such thing as a Palestinian people, and which said that the people who call themselves Palestinians are a threat to us and must be forever denied—and which says, we will never give them an inch.

This is the Israel which, in 1967 (at age 19) destroyed the Egyptian Air Force on the ground in a few hours and defeated the armed forces of Egypt, Syria, and Jordan in 6 days—and yet constantly cries out its fear and insecurity as justification for further war (now looking to attack Iran and attack Hezbollah, again, in Lebanon).

This is the Israel which invaded Lebanon, without cause, in 1982 and soon performed the encirclement (without exits) of the Sabra and Shatilla refugee camps and then ushered in the Maronite militia for a massacre which was carried out under Israeli supervision, a massacre that killed hundreds if not thousands of unarmed Palestinians, chiefly women and children, “like fish in a barrel”.

This is the Israel which began a blockade of Gaza in 2000, intensified it in 2007, continues it today with deadly effect, and, in late-2008 / early-2009 invaded Gaza (see here), again an operation like “shooting fish in a barrel”, the events which brought on the UN’s Goldstone Report, which identified what it called war crimes by Israel (and also by Hamas).

This is the Israel which continues to build settlements on land within occupied territories expropriated from Palestinians—in clear and constantly reiterated violation of international law—and settles Israeli citizens within occupied territories—also in clear violation of international law.

This is the Israel that kills Palestinians, internationals, and perhaps Israelis at peaceful political demonstrations often using so-called “live ammunition” in situations where shooting any sort of ammunition should not be allowed.

This is the Israel that arrests its own citizens for political dissent and places “gag orders” on its press so that such events will not become widely reported even or especially within so-called “democratic” Israel (see here).

This is the Israel that protects its settlers in the West Bank and rarely punishes them, creating for the settlers—what the US’s indulgence has created for the Third Israel as a whole—a culture of immunity and impunity, leading to recent burnings of Mosques by settlers, usually unpunished, (see here). In some cases the settlers are taking out on Palestinians their rage at proposed Israeli governmental limitations on settlement building and land grabbing for settlement expansion:


Jewish settlers have declared a “price-tag” [1]policy, under which they have targeted Palestinians or their property in retaliation for any Israeli government measure they see as threatening settlements.

The Third Israel is an on-going reality, a horrible reality. Knowledge of the Third Israel is getting into the American mainstream, not much thanks to the US MSM, and this knowledge accounts for the gradual shifting of American opinion from blanket acceptance of Israel (heretofore near-universally considered under the idea of the First Israel) to critical complaints against current Third Israeli policies and practices. The divestment projects springing up on college campuses in America are a sign that knowledge of the Third Israel is replacing the comfortable belief in the First Israel among American Jews, especially perhaps among the young.

How Second Israel and Third Israel differ.

Complaints against the Third Israel are not to be confused with the blanket delegitimization implied by belief in the Second Israel. Those who decry Third Israel are not calling for the obliteration of Israel—they are calling for an end of Israel’s on-going crimes, especially for an end of the occupation and the creation of a (new) Palestinian State in the West Bank and Gaza with its capital in East Jerusalem. They call for a fair sharing, in other words, of land and water in Israel/Palestine between Israel and Palestine; and for national and human rights, at long last, for the Palestinian people.

Some call for a “right of return” of Palestinian refugees from 1948 into Israel (that is, into the Israel of 1950-1966) on the unobjectionable ground that Israel’s continued refusal to allow this return (called for by annual UN resolutions from 1948 onward) is an on-going crime against the Palestinians, an on-going crime which should be ended. This particular claim is especially threatening to Israelis who foresee that a general return of Palestinians to Israel would make non-Jews a majority of the population, removing either the Jewish character of Israel (if it no longer has a majority Jewish population and majority Jewish electorate) or its democratic character (if the returning Palestinians were not allowed to vote). This is a vexed question which I have treated elsewhere..

Conclusion

Perhaps because of the internet, news of the Third Israel is getting out—in spite of the efforts of the US MSM and NYT to keep it secret—and it becomes hard for Americans (including American Jews, brought up on the First Israel) to ignore it. The hard-right Zionists are fighting this bad news (how criminals hate sunshine!) by pretending that those who seek to publicize and to stop Israel’s on-going crimes and human-rights violations are trying to delegitimize or even to destroy Israel. Although delegitimizing the Second Israel should not be thought of as a bad thing (it is clearly not anti-Semitic to identify and describe a crime just because the criminals are Jews),[2] the program of the Boycott, Divestment, and Sanctions movement (BDS) and of others who shine the light of day on the Third Israel and thereby seek to correct its worst excesses is neither to delegitimize Israel nor to destroy it but, rather, to restrain it and to make possible a normal national existence for the Palestinian people free of the deadening repressions with which Israel has treated the Palestinians since 1947.

With luck, the Palestinians will soon have an opportunity to live their lives, to raise families and conduct normal lives free of oppression. With luck, Israel will have a chance to find out what a normal national existence may be like free of the soul-deadening activities required (especially since 1967) by the need to repress and suppress the Palestinians. Some think the new Israel (the Fourth Israel?) and the new Palestine will get along just fine.

Why not?



[1] ”Israeli settlers on horseback set fire to fields of olive trees and stoned Palestinian cars in the West Bank yesterday, apparently in response to the Israeli army’s removal of an illegal outpost in the area.

At least 1,500 Palestinian-owned trees were destroyed and two Palestinians were injured in the attack, near the city of Nablus, by about 30 settlers, security officials said. Farmers fought fires late into the afternoon, as fears grew that the flames would spread across the dry summer fields.

It was the most recent example of the “price tag” policy, in which settlers seek revenge by attacking Palestinians for every outpost that is demolished. “The goal is to create a price for each evacuation, causing Israeli authorities to think twice about carrying them out,” the Israeli human rights group Yesh Din said.”


-----------

[2] It has become fashionable, today, for Zionists to demand a “right” to a “Jewish State” by which they seem to mean a territorially-large super-majority-Jewish State. They never explain where this “right” came from (apart from their own dreams and desires). Most importantly, they never claim that the 1947 UNGA Partition Resolution (or the Mandate or the Balfour Declaration) granted them this “right”, nor that anything in law or otherwise granted them the right to expel even a single Palestinian—much less 85% of the Palestinians of 1948-1967 Israel. In fact, they deny that Zionist forces expelled anyone! A “divine wind” (or something similar) is credited with removal of all those Palestinians in 1947-50! It is quite recent that any Israeli at all admitted that Zionists deliberately expelled Palestinians in the 1947-50 war—see “The Birth of the Palestinian Refugee Problem, 1947-1949” by Benny Morris. But however the Palestinians were removed, and whatever the UNGA may have demanded by way of their repatriation, Israelis now refuse repatriation and claim that this refusal is “of right” and not merely a continuation of a crime.

On the question of whether expulsion was thought likely before 1947, here is President Truman:

In supporting the establishment of the Jewish National Home in Palestine the United States had no thought of embarking upon a policy which would be prejudicial to the interests of the indigenous population of Palestine... We would be firmly opposed to any solution of the Palestine problem which would permit a majority of the population to discriminate against a minority on religious, racial, or other grounds... I am convinced, furthermore, that the responsible Jewish groups and leaders interested in developing the Jewish National Home in Palestine have no intention of expelling now or at a later date the indigenous inhabitants of that country or of using Palestine as a base for aggression against neighbouring Arab States...

No people have suffered more than the Jews during recent years from aggression and intolerance. No people stands more in need of world sympathy and support at the present time. It is therefore inconceivable that responsible Jewish groups or leaders could be contemplating acts of intolerance and aggression against Arabs in Palestine or elsewhere which would be sure to arouse public opinion and to provoke indignation throughout the world.

From President Harry Truman’s letter to the King of Saudi Arabia, January 24, 1947, from a US government publication quoted in Victor Kattan’s great book, From Coexistence to Conquest, International Law and the Origins of the Arab-Israeli Conflict, 1891-1949.
from here

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