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    Alabama is using the notion that embryos are people to surveil and harass women | Moira Donegan

    Something that’s important to remember about last week’s ruling by the Alabama supreme court, which held that frozen embryos were persons under state law, is that the very absurdity of the claim is itself a demonstration of power. That a frozen embryo – a microscopic bit of biological information that can’t even be called tissue, a flick laden with the hopes of aspiring parents but fulfilling none of them – is equivalent in any way to a child is the sort of thing you can only say if no one has the power to laugh at you. The Alabama supreme court is the final court of review in that state. It cannot be appealed. For the foreseeable future, frozen cells in Alabama have the same legal status there as you or I do. Is this an absurd elevation of the status of an embryo, or an obscene degradation of human beings? The answer, of course, is both.The decision immediately halted almost all IVF procedures in Alabama. Aspiring patents there – including women who had undergone rounds of injected hormone treatments and the invasive, gruelingly painful egg retrieval process in order to create the embryos – will now be unable to have the material implanted in an attempt to create a pregnancy. Hundreds of other frozen embryos – those that are not viable, or not needed by families that are already complete – can now not be destroyed as is typical IVF practice. They need to be continually stored in freezers, or what the Alabama supreme court refers to, in Orwellian style, as “cryogenic nurseries”, a term you almost have to admire for the sheer audacity of its creepiness.But the concept of embryonic personhood, now inscribed in Alabama law, poses dangers well beyond the cruelty it has imposed on the hopeful couples who were pursuing IVF in Alabama, before their state supreme court made that impossible. If embryos and fetuses are people, as Alabama now says they are, then whole swaths of women’s daily lives come under the purview of state scrutiny.Forget about abortion, which would automatically be banned as murder in any situation where fetuses are considered persons – Alabama already has a total abortion ban, without exceptions for rape, incest or health. Embryonic personhood would also ban many kinds of birth control, such as Plan B, IUDs, and some hormonal birth control pills, which courts have said can be interpreted as working by preventing the implantation of a fertilized egg. (In fact these methods work primarily by preventing ovulation, but facts are of dwindling relevance in the kind of anti-abortion litigation that comes before Republican-controlled courts.)Further, if embryos and fetuses are children, then the state may have an interest in protecting their lives that extends to controlling even more of women’s daily conduct. Could a woman who is pregnant, or could be pregnant, have a right to do things that might endanger her embryo in a situation where an embryo is her legal equal, with a claim on state protection? Could she risk this embryo’s health and life by, say, eating sushi, or having some soft cheese? Forget about the wine. Could she be charged with child endangerment for speeding? For going on a jog?These scenarios might sound hyperbolic, but they are not entirely hypothetical. Even before the Alabama court began enforcing the vulgar fiction that a frozen embryo is a person, authorities there had long used the notion of fetal personhood to harass, intimidate and jail women – often those suspected of using drugs during pregnancies – under the state’s “chemical endangerment of a child” law, using the theory that women’s bodies are environments that they have an obligation to keep free of “chemicals” that could harm a fetus or infringe upon its rights.Using this logic, police in Alabama, and particularly in rural Etowah county, north-east of Birmingham, have repeatedly jailed women for allegedly using drugs ranging from marijuana to meth while pregnant – including women who have claimed that they did not use drugs, and women who turned out not to be pregnant. In 2021, Kim Blalock, a mother of six, was arrested on felony charges after filling a doctor’s prescription during a pregnancy; the state of Alabama decided that it knew better than her doctor, and they could criminalize her for following medical advice.This is not an extreme example: it is the logical conclusion of fetal personhood’s legalization – the surveillance, jailing and draconian monitoring of pregnant women, an exercise in voyeuristic sadism justified by the flimsy pretext that it’s all being done for the good of children. Except there are no children. Lest this seem like an idea that will necessarily be corrected by political response, or by the ultimate intervention of a federal court on the question, remember that Samuel Alito’s majority opinion in Dobbs referred repeatedly to “unborn human beings”.There are several ways this supreme court could ban abortion nationwide, and they do not need to enforce fetal personhood to do so – many rightwing organizations, for instance, are encouraging federal courts to revive the long-dormant Comstock Act, from the 1870s, to ban all abortions. Nor will the ultimate national abortion ban necessarily even come from the courts. Any future Republican president will be under enormous pressure to enact a national abortion ban, and they will have many means at their disposal to do so even without congressional cooperation, be it through the justice department or through the FDA. Donald Trump, the Republican nominee in all but name, has floated the idea of a 16-week national ban – a huge restriction on women’s right’s nationwide that would undoubtably be just the opening salvo for even further rollbacks. Meanwhile, his nominal rival, Nikki Haley, responded to the news of the Alabama court ruling by voicing approval of fetal personhood. “Embryos, to me, are babies.”Let’s be clear: they are not. An embryo is not a child. Neither is a fetus. Treating them as such is a legal absurdity that degrades human life and insults the reality of parenthood. But most importantly: there is no notion of when personhood begins that is compatible with women’s citizenship other than birth. If personhood begins while a pregnancy is ongoing – if a person, that is, can be someone enclosed entirely inside another person’s body – then the competition of rights will be humiliatingly, violently, brutally one-sided. None of the opportunities, freedoms or responsibilities of citizenship are available to someone whose body is constantly surveilled, commandeered and colonized by the state like that. No citizenship worth its name can belong to someone who cannot even wield within the bounds of her own skin.It is humiliating to even have to say this: that women matter more than fetuses or embryos, that a frozen cell in a petri dish is not a human being, but we are. It is an absurdity to make this argument, an exhausting waste of our time, a degradation. That, too, is part of the point.
    Moira Donegan is a Guardian US columnist More

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    Leftist Democrats invoke human rights law in scrutiny of Israel military aid

    Leftwing Democrats in Congress have invoked a landmark law barring assistance to security forces of governments deemed guilty of human rights abuses to challenge the Biden administration’s emergency military aid program for Israel.Members of the Democratic party’s progressive wing say the $14.3bn package pledged by the White House after the 7 October attack by Hamas that killed more than 1,400 Israelis breaches the Leahy Act because Israel’s retaliatory assault on Gaza has overwhelmingly harmed civilians. An estimated 9,000 people have been killed in Gaza so far, among them 3,700 children, according to the Gaza health ministry, run by Hamas.The act, sponsored by the former Democratic senator Patrick Leahy and passed in 1997, prohibits the US defence and state departments from rendering security assistance to foreign governments facing credible accusations of rights abuses. The law was originally designed only to refer to narcotics assistance, but was later expanded, with amendments covering assistance from both state department and Pentagon budgetsSeveral governments, some of them key US allies, are believed to have been denied assistance under the law, including Turkey, Colombia and Mexico.Proponents of applying the act to Israel point to the rising death toll in Gaza from military strikes on the territory, the displacement of more than 1 million people from their homes and a surging humanitarian crisis after Israeli authorities cut water, food, fuel and electricity supplies.“I am very concerned that our taxpayer dollars may be used for violations of human rights,” said the congressman Andre Carson of Indiana in an email to the Guardian, in which he accused Israel of “war crimes”, citing this week’s deadly bombing of the Jabalia refugee camp and the Israeli Defense Forces’ (IDF) alleged use of white phosphorus.“Last year, I voted to provide $3 billion dollars of strategic and security assistance to Israel. But we must absolutely make sure that none of those funds are used inappropriately, in violation of US law like the Leahy Act, or in violation of international law.”But earlier this week, the Biden administration said it was not placing any limits on how Israel uses the weapons provided to it by the US. “That is really up to the Israel Defense Force to use in how they are going to conduct their operations,” a Pentagon spokesperson, Sabrina Singh, said on Monday. “But we’re not putting any constraints on that.”The Israeli government and its prime minister, Benjamin Netanyahu, have so far not responded to calls for a humanitarian pause and have rejected calls for a ceasefire, as demanded by some progressive Democrats.Joe Biden promised a lavish military aid package to Israel in an Oval Office speech after visiting the country following the Hamas attack. US commandos are currently in Israel helping to locate an estimated 240 hostages, the number given by IDF, including American citizens, seized in the assault, the Pentagon has confirmed.Carson, one of three Muslims in Congress, said he previously raised concerns about possible Leahy Act violations last year after the shooting death of the US-Palestinian journalist Shireen Abu Akleh in the West Bank. An Israeli investigation subsequently admitted there was a “high probability” that she had been killed by Israeli gunfire, after initially blaming Palestinians.Usamah Andrabi, the communications director for Justice Democrats – a political action committee that helped elect leftwing House members nicknamed “the Squad”, which include some of Congress’s most vocal advocates for Palestinian rights – also invoked the Leahy legislation.“I think the Leahy Act should absolutely be looked into right now, when we are seeing gross violations of human rights,” he said. “[The Israelis] are targeting refugee camps, hospitals, mosques all under the guise of self-defense or that one or other member of Hamas is hiding there. It doesn’t matter whether Hamas is there or not, because you are targeting civilians. No amount of tax dollars should be justified for that.”Like Carson, Alexandria Ocasio-Cortez, one of the most high-profile members of “the Squad”, specifically identified the supposed use of white phosphorus – as claimed by Human Rights Watch (HRW) and Amnesty International – as a transgression that should disqualify Israel from receiving US assistance. The IDF had said it does not use white phosphorus against civilians, but didn’t clarify whether it was used at the time.“Deployment of white phosphorus near populated civilian areas is a war crime,” she said. “The United States must adhere to our own laws and policies, which prohibit US aid from assisting forces engaged in gross violations of human rights and international humanitarian law.”Congressional calls for scrutiny over US funding for Israel predate the current war in Gaza.Last May, Betty McCollum, a Democrat from Minnesota, introduced the Defending the Human Rights of Palestinian Children and Families Living Under Israeli Military Occupation bill, designed to prohibit US funds from being used to enforce Israeli occupation policies in the West Bank.“Not $1 of US aid should be used to commit human rights violations, demolish families’ homes, or permanently annex Palestinian lands,” McCollum said at the time. “The United States provides billions in assistance for Israel’s government each year – and those dollars should go toward Israel’s security, not toward actions that violate international law and cause harm.”The bill, which has not passed, was co-sponsored by 16 other House Democrats – including some who have not supported the current calls for a ceasefire – and endorsed by 75 civil society groups, including Amnesty, HRW and J Street.McCollum’s office did not respond to questions over whether she now supported extending her bill to Gaza or using the Leahy Act to block Biden’s emergency fund package.In a speech on the Senate floor this week, the senator Bernie Sanders of Vermont called Israel’s Gaza campaign “morally unacceptable and a violation of international law” but stopped short of opposing Biden’s assistance program.Instead, he demanded a “clear promise” from Israel that displaced Palestinians will be allowed to return to their homes after fighting stops and for the abandonment of efforts to annex the West Bank, a territory claimed by Palestinians as part of a future state.“The United States must make it clear that these are the conditions for our solidarity,” he said.In a letter to the Senate majority leader, Chuck Schumer, and the minority leader, Mitch McConnell, Sanders and five other Democratic senators – Elizabeth Warren, Jeff Merkley, Ed Markey, Peter Welch and Mazie Hirono – said they supported approving Biden’s proposed overall $106bn aid package to Israel, Ukraine and other foreign crisis areas “without delay”.But they demanded that an equal sum be allocated to “domestic emergencies”, including childcare, primary health care and the opioid epidemic.A separate letter the six sent to Biden asks a series of searching questions about Israel’s invasion of Gaza.“We have serious concerns about what this invasion and potential occupation of Gaza will mean, both in terms of the long-term security of Israel and the well-being of the Palestinian residents of Gaza,” it says. “Congress needs more information about Israel’s long-term plans and goals, as well as the United States Government’s assessments of those prospects.” More

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    Top UN official in New York steps down citing ‘genocide’ of Palestinian civilians

    The director of the New York office of the UN high commissioner for human rights has left his post, protesting that the UN is “failing” in its duty to prevent what he categorizes as genocide of Palestinian civilians in Gaza under Israeli bombardment and citing the US, UK and much of Europe as “wholly complicit in the horrific assault”.Craig Mokhiber wrote on 28 October to the UN high commissioner in Geneva, Volker Turk, saying: “This will be my last communication to you” in his role in New York.Mokhiber, who was stepping down having reached retirement age, wrote: “Once again we are seeing a genocide unfolding before our eyes and the organization we serve appears powerless to stop it.”He said that the UN had failed to prevent previous genocides against the Tutsis in Rwanda, Muslims in Bosnia, the Yazidi in Iraqi Kurdistan and the Rohingya in Myanmar and wrote: “High Commissioner we are failing again.“The current wholesale slaughter of the Palestinian people, rooted in an ethno-nationalist colonial settler ideology, in continuation of decades of their systematic persecution and purging, based entirely upon their status as Arabs … leaves no room for doubt.”Mokhiber added: “This is text book case of genocide” and said the US, UK and much of Europe were not only “refusing to meet their treaty obligations” under the Geneva Conventions but were also arming Israel’s assault and providing political and diplomatic cover for it.The outgoing director’s departure letter did not mention the 7 October attack by Hamas on southern Israel killing more than 1,400 people and taking 240 hostages. Even more contentiously, his letter calls for the effective end to the state of Israel.“We must support the establishment of a single, democratic secular state in all of historic Palestine, with equal rights for Christians, Muslims, and Jews,” he wrote, adding: “and, therefore, the dismantling of the deeply racist, settler-colonial project and an end to apartheid across the land.”Mokhiber has worked for the UN since 1992, serving in a number of increasingly prominent roles. He led the high commissioner’s work on devising a human rights-based approach to development, and acted as a senior human rights adviser in Palestine, Afghanistan and Sudan.A lawyer who specialises in international human rights law, he lived in Gaza in the 1990s.In his role as director of the New York office of the high commissioner for human rights, he has come under occasional fire from pro-Israeli groups for his comments on social media. He was criticised for posting support of the boycott, divest, sanctions (BDS) movement and accusing Israel of apartheid – an accusation which he repeated in his retirement letter.Journalists and academics began posting the letter’s content to X, formerly known as Twitter, on Tuesday afternoon.skip past newsletter promotionafter newsletter promotionA spokesperson for the UN in New York sent the Guardian a statement about Mokhiber, saying: “I can confirm that he is retiring today. He informed the UN in March 2023 of his upcoming retirement, which takes effect tomorrow. The views in his letter made public today are his personal views.”The statement went on: “The position of the office on the grave situation in the Occupied Palestinian Territories and Israel is reflected in our reports and public statements.”Reaction to Mokhiber’s outspoken departure from such a prominent UN position was mixed. Louis Charbonneau, the UN director at Human Rights Watch, told the Guardian that he had made a powerful argument against double standards in the stance of the world body.“You don’t have to agree with everything in the letter to see that he’s made a powerful and depressing case that the UN lost its way on human rights when it comes to Israel and Palestine, partly due to pressure from the US, Israel and other governments. It’s not too late to turn the UN ship around, but they need to do it quickly.”By contrast, Anne Bayefsky, who directs Touro College’s Institute on Human Rights and the Holocaust in New York, accused Mokhiber on social media of “overt antisemitism”. She said he had used a UN letterhead to call for “wiping Israel off the map”. More

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    Scary CIA-MI6 Coup Destroyed Iran and Damaged the World

    The Fair Observer website uses digital cookies so it can collect statistics on how many visitors come to the site, what content is viewed and for how long, and the general location of the computer network of the visitor. These statistics are collected and processed using the Google Analytics service. Fair Observer uses these aggregate statistics from website visits to help improve the content of the website and to provide regular reports to our current and future donors and funding organizations. The type of digital cookie information collected during your visit and any derived data cannot be used or combined with other information to personally identify you. Fair Observer does not use personal data collected from its website for advertising purposes or to market to you.As a convenience to you, Fair Observer provides buttons that link to popular social media sites, called social sharing buttons, to help you share Fair Observer content and your comments and opinions about it on these social media sites. These social sharing buttons are provided by and are part of these social media sites. They may collect and use personal data as described in their respective policies. Fair Observer does not receive personal data from your use of these social sharing buttons. It is not necessary that you use these buttons to read Fair Observer content or to share on social media. More

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    Iran: Theocracy Must Make Way for Democracy, Not Dynasty

    The Fair Observer website uses digital cookies so it can collect statistics on how many visitors come to the site, what content is viewed and for how long, and the general location of the computer network of the visitor. These statistics are collected and processed using the Google Analytics service. Fair Observer uses these aggregate statistics from website visits to help improve the content of the website and to provide regular reports to our current and future donors and funding organizations. The type of digital cookie information collected during your visit and any derived data cannot be used or combined with other information to personally identify you. Fair Observer does not use personal data collected from its website for advertising purposes or to market to you.As a convenience to you, Fair Observer provides buttons that link to popular social media sites, called social sharing buttons, to help you share Fair Observer content and your comments and opinions about it on these social media sites. These social sharing buttons are provided by and are part of these social media sites. They may collect and use personal data as described in their respective policies. Fair Observer does not receive personal data from your use of these social sharing buttons. It is not necessary that you use these buttons to read Fair Observer content or to share on social media. More

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    What Jakarta Climate Change Lawsuit Means for the Future

    The Fair Observer website uses digital cookies so it can collect statistics on how many visitors come to the site, what content is viewed and for how long, and the general location of the computer network of the visitor. These statistics are collected and processed using the Google Analytics service. Fair Observer uses these aggregate statistics from website visits to help improve the content of the website and to provide regular reports to our current and future donors and funding organizations. The type of digital cookie information collected during your visit and any derived data cannot be used or combined with other information to personally identify you. Fair Observer does not use personal data collected from its website for advertising purposes or to market to you.As a convenience to you, Fair Observer provides buttons that link to popular social media sites, called social sharing buttons, to help you share Fair Observer content and your comments and opinions about it on these social media sites. These social sharing buttons are provided by and are part of these social media sites. They may collect and use personal data as described in their respective policies. Fair Observer does not receive personal data from your use of these social sharing buttons. It is not necessary that you use these buttons to read Fair Observer content or to share on social media. More

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    FO° Exclusive: China’s Zero-COVID Policy Comes to Zero

    The Fair Observer website uses digital cookies so it can collect statistics on how many visitors come to the site, what content is viewed and for how long, and the general location of the computer network of the visitor. These statistics are collected and processed using the Google Analytics service. Fair Observer uses these aggregate statistics from website visits to help improve the content of the website and to provide regular reports to our current and future donors and funding organizations. The type of digital cookie information collected during your visit and any derived data cannot be used or combined with other information to personally identify you. Fair Observer does not use personal data collected from its website for advertising purposes or to market to you.As a convenience to you, Fair Observer provides buttons that link to popular social media sites, called social sharing buttons, to help you share Fair Observer content and your comments and opinions about it on these social media sites. These social sharing buttons are provided by and are part of these social media sites. They may collect and use personal data as described in their respective policies. Fair Observer does not receive personal data from your use of these social sharing buttons. It is not necessary that you use these buttons to read Fair Observer content or to share on social media. More

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    China’s Zero-COVID Policy Comes to Zero

    The Fair Observer website uses digital cookies so it can collect statistics on how many visitors come to the site, what content is viewed and for how long, and the general location of the computer network of the visitor. These statistics are collected and processed using the Google Analytics service. Fair Observer uses these aggregate statistics from website visits to help improve the content of the website and to provide regular reports to our current and future donors and funding organizations. The type of digital cookie information collected during your visit and any derived data cannot be used or combined with other information to personally identify you. Fair Observer does not use personal data collected from its website for advertising purposes or to market to you.As a convenience to you, Fair Observer provides buttons that link to popular social media sites, called social sharing buttons, to help you share Fair Observer content and your comments and opinions about it on these social media sites. These social sharing buttons are provided by and are part of these social media sites. They may collect and use personal data as described in their respective policies. Fair Observer does not receive personal data from your use of these social sharing buttons. It is not necessary that you use these buttons to read Fair Observer content or to share on social media. More