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Talk of war crimes prosecutions against Russia is empty bluster

Western threats to bring war crimes charges against Syria and Russia because of the bombing in Aleppo are neither factually founded nor legally possible because of fundamental jurisdictional issues.

Alexander Mercouris

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Amidst the din of the media campaign against Russian actions in Aleppo, one of the most specious and cynical threats made against the Russians and Syrians is that they might one day face prosecution on war crimes charges.

There is no legal basis for these threats, and the Western political leaders and media commentators who make them know this.

Firstly the Russian and Syrian bombing of eastern Aleppo is almost certainly not a war crime. 

Western claims that the Russians and the Syrians have been deliberately targeting civilians,  hospitals, other medical facilities, and schools, are fiercely disputed and are almost certainly untrue. 

President Assad in a recent interview with Associated Press pointed out that there is no conceivable political and military interest in them doing it, and that no one has ever provided one.  Here is what Assad had to say about it

“We don’t attack any hospital. Again, as I said, this is against our interests. If you put aside the morals, that we do not do it morally, if I put it aside, I am talking about now, let’s say, the ends justify the means, if I want to use it, we don’t have interest. This is how we can help the terrorists if we attack hospitals, schools, and things like this. Of course, whenever you have a war, the civilians and the innocents will pay the price. That’s in any war, any war is a bad war. There is no good war. In any war, people will pay the price, but I’m talking about the policy of the government, of the army; we don’t attack any hospital. We don’t have any interest in attacking hospitals.”

(bold italics added)

What Assad is saying is even if the Syrian military were conducting the war in a completely ruthless ‘end justifies the means’ way, there would be no conceivable reason to attack “hospitals, schools, and things like this” because the only ones who would benefit would be the Jihadis  

Assad is obviously right.  As he says, the only people who would benefit if the Syrian or the Russian militaries deliberately bombed “hospitals, schools, and things like this” would indeed be the Jihadis.  That makes it all but inconceivable the Syrian and the Russian militaries are doing it. 

Assad’s point is in fact so obviously right that as the transcript of the interview shows his interviewers from Associated Press had no rejoinder to it.  Instead they changed the subject to the White Helmets and whether Assad supported awarding them the Nobel Peace Prize.

It is overwhelmingly likely that the Syrian and Russian militaries in Aleppo and elsewhere in Syria, when they carry out bombing, are targeting the Jihadis they are fighting.  Any hospitals, schools or civilians in Aleppo or elsewhere that get bombed in the process are almost certainly bombed by mistake.  That is the only thing that makes sense.

If the bombing of hospitals and schools and the killing of civilians is a tragic but unintended by-product of a war fought against a savage and ruthless enemy – as Assad says – then no war crime has been committed, and the question of a war crimes prosecution does or should not arise.

Beyond this fundamental issue of fact, there is also a fundamental issue of jurisdiction. 

The International Criminal Court, the only international court with a broad international jurisdiction to try cases of war crimes, only has jurisdiction to try prosecutions of nationals of states which have either ratified the Rome Statute or been referred to the International Criminal Court by the UN Security Council. 

Neither Russia nor Syria have ratified the Rome Statute.  Nor is there any possibility that Russia would ever agree that the UN Security Council refer either Syrian citizens or its own citizens to the International Criminal Court.

That means that the International Criminal Court has no jurisdiction to hear war crimes prosecutions against Russia or Syria either in connection to what is happening in Aleppo or anywhere else in Syria.  Any talk that it does is nonsense.

There have been some suggestions that prosecutions against Syrians or Russians for war crimes might be brought in the national courts of some Western states.  The problems with doing that are however practically insuperable.

The appropriate national courts to hear such prosecutions for war crimes committed on Syrian territory would in fact be those of Syria on whose territory the war is being fought.  That could of course only happen if the Syrian government were overthrown and replaced by a pro-Western one. 

Short of an all-out war between Russia, Syria and the Western powers, that no longer looks likely to happen.  If it did there would be far more serious things to worry about than war crimes trials.

Some Western commentators have pointed out that certain Western countries have claimed what are known as ‘universal jurisdictions’ for certain crimes, which means that they able to prosecute these crimes in their own courts even if they have taken place in some other country. 

This is a deeply contentious topic, with no full international consensus of which crimes can be prosecuted in this way.  By way of example, Germany permits prosecutions for genocide, crimes against humanity, and war crimes, by its courts wherever they are committed; France for torture, terrorism, nuclear smuggling, naval piracy and airplane hijacking; and Britain for sexual offences against children, certain crimes of fraud and dishonesty, terrorism and bribery. 

The United States, in keeping with its claim to be the ‘exceptional country’, is increasingly behaving as if its courts have universal jurisdiction over every crime in every country, though it has never gone quite so far as to say it.

There is however no realistic possibility of Syrian or Russian nationals being tried in this way.  The reasons for this are practical even more than legal.

In order to be tried on war crimes charges before the courts of some Western country, these Syrian and Russian nationals would first have to be arrested and brought to this country, either by being arrested whilst travelling in the country (as General Pinochet famously was when he was travelling in Britain) or because they had been arrested in some other country and extradited from it to the country, or (as Adolf Eichmann was) because they had been kidnapped and brought to the country by force.

These sort of things nowadays actually happen fairly regularly, including to Russian citizens.  However it beggars belief they would happen in this case because of the appallingly dangerous precedent it would set. 

The Western powers – notably the US, Britain, France and Israel – have been involved in far more wars than Syria or Russia.  If it became the practice to snatch Syrian or (especially) Russian citizens whilst they were travelling abroad to bring them before Western courts on war crimes charges, then the Russian before long would surely start to retaliate by doing the same thing to Western citizens. 

With far more Western citizens involved in foreign wars and travelling abroad than Russians, this would create a potential game of tit for tat the Western powers could never win.  That fact alone puts this whole idea of prosecuting Russians (and probably Syrians) in Western courts out of contention.

The simple fact is that short of achieving regime change in Moscow there is no way the Western powers could put their threats of war crimes prosecutions against the Syrians and Russians into effect.  Despite empty gestures like the recent vote by a bare majority of states in the UN Human Rights Council to investigate alleged war crimes in Aleppo, the Western powers of course know this.

Since the Western powers know that there is no possibility of Syrians or Russians being prosecuted for war crimes, why are they talking as if it might happen?  The short answer is because it forms part of their propaganda campaign against the military campaign the Syrians and the Russians are waging to crush the Jihadis in Aleppo. 

Whilst the Russians of course knows this and are not going to be deterred or impressed by it (Putin has called it “political rhetoric that does not have great significance”) the cynicism involved in pretending to threaten something which will never happen is still startling.

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Theresa May survives another week in ongoing Brexit fiasco (Video)

The Duran – News in Review – Episode 153.

Alex Christoforou

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The Duran’s Alex Christoforou and Editor-in-Chief Alexander Mercouris discuss Theresa May’s Brexit survival, as the UK Prime Ministers appears to be heading to Brussels so she can coordinate with EU technocrats in order to meet a November deadline to move the unpopular agreement through all channels of British government.

It is still a very fluid situation. May has made it through a tough weekend where support to oust her never materialized, but the week ahead is anything but certain. For now May’s Brexit position looks secure.

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“Brexit. A Deal That Pleases No One,” authored by Daniel Lacalle via dlacalle.com…

The agreement announced between the British government and the European Union has been received in the United Kingdom with criticism from all sides. The defenders of staying in the European Union consider it very negative, of course. However, and this is the most important part, it is unlikely that the conservative party itself will support this agreement in parliament. Jacob Rees-Mogg has called the agreement “a failure of the negotiators and a failure to deliver Brexit.” Boris Johnson has said that it turns the United Kingdom into a “vassal state” and Nigel Farage has described it as “the worst agreement in history”.

Including the entire United Kingdom in the customs union and maintaining the payment of 10 billion pounds a year to give the European Union veto rights to the most important decisions is something that most conservative members of parliament will reject and that does not satisfy the Labor Party – which is also not pro-EU, let’s be clear – nor the liberal-democrats.

That is the great problem facing the government of Theresa May. That not even the government as a whole supports this agreement. The resignations that have been registered prove it. Even if the rest of the government decides to accept this agreement as a lesser evil, it is very difficult for the parliament to approve it.

At the centre of the controversy is a negotiating process that the European Union has left as a United Kingdom issue. But by letting the United Kingdom deal with its own divisions and problems, the EU also lost the perfect opportunity to offer British citizens and the rest of Europe a refreshing, leading and exciting project. And that is the big problem. That Brexit has been seen in many circles in Brussels as an opportunity to advance in the political and interventionist project, instead of moving towards a union in freedom for global, economic and political leadership.

The problem of the UK government is that it is led by a person, Theresa May, who must present a proposal to leave the EU when she has always been an advocate of remaining (Theresa May initially campaigned for the “Remain”). Thus, it is not surprising that the parliament arithmetics in favor of this agreement is not at all clear.

The British Parliament has more members in favor of Brexit than against, but it cannot be THIS Brexit.

Boris Johnson and the pro-Brexit hardliners may see an opportunity to weaken Theresa May and force a change of leadership that will bring a new leader more committed to a better deal.

Moderate Labour, who have been terrified for months with the radical drift of the Corbyn team, may also see an opportunity to weaken the leader who tries to take Labour to the far left.

My perception is that if there were a second referendum the result would probably be the same. In the United Kingdom there are no voices with political weight and real popular support to defend the European Union project. In the United Kingdom, the debate is either seeing the European Union as an annoying partner or as an impossible danger to solve.

Citizens in Europe see Brexit with sadness, logically. In the United Kingdom, news arriving from the European Union do not encourage a remain stance. High unemployment, unresolved immigration problems, lack of global leadership, high taxes, the specter of a new debt crisis in Italy and other risks. Pro-Europe UK leaders offer no other argument to citizens than the so-called Project Fear, a massive economic risk. However, British citizens see UK unemployment at 75-year lows, while in Europe they see the slowdown of the eurozone and the budget crisis of other countries, and do not find an unquestionable reason to stay in the club.

The UK citizen who votes for Brexit does not seem convinced that the only solution is to belong to a union that demands more control but offers less growth and employment.

The reactions to the agreement have not been very euphoric in any case. It seems something that was presented to fail. The pound and stock market did not react as the EU negotiators would think once the deal was seen as unlikely to pass parliament. In the bond market, Gilts strengthened as UK bond spreads fell while eurozone peripheral yields soared. The opposite of what would be seen as an EU victory.

Reaching an agreement that benefits everyone is difficult, but not impossible

The problem in the United Kingdom is that the agreement that would satisfy the pro-Brexit is impossible, and that the agreement that would please the pro-EU is impractical. That the message of economic ruin is not bought by Brexiters and not even the Remainers see the marvels of the EU membership.

Economically, it has been a mistake to present British citizens with the idea of “either the EU or the chaos”, because it does not work when there is not a clear, exciting and global leadership project.

The United Kingdom, one of the voices that defended economic freedom and open markets in an increasingly bureaucratic European Union is an essential partner to advance in Europe. Reaching an agreement that benefits everyone is difficult, but not impossible.

I have never bought the “EU or chaos” argument. I believe that both parts can benefit from a mutually beneficial deal. I am convinced that, even if this agreement is not approved, the British government will reconsider and present a solid plan for its citizens.

 

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Rise of the Western Dissidents

The only reason Assange is being targeted is that he tangled with the highest levels of the western establishment. He is far from alone.

The Duran

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Authored by Allum Bokhari via Breitbart:


We’re used to Russian dissidents, Chinese dissidents, Iranian dissidents, and Saudi Arabian dissidents. But those who rightly believe the west is superior to authoritarian regimes must now contend with a troubling trend — the rise of the western dissident.

Chief among them is Julian Assange, who for a half-decade has been forced to live in the tiny Ecuadorian embassy in London, where he has claimed political asylum since 2011. Assange claimed that he would be extradited to the U.S. to face charges over his work at WikiLeaks if he left the embassy, and was routinely mocked as paranoid for doing so.

This week, we learned that Assange was right and his critics were wrong. Thanks to a clerical error by the U.S. attorney’s office in Alexandria, Virginia, reporters were able to confirm the existence of sealed criminal charges against the WikiLeaks founder.

Because the charges are sealed and the evidence is unknown, it’s impossible to say if the case has merit. But it likely relates to WikiLeaks’ release of unredacted diplomatic cables in 2011, which forced the U.S. to relocate several of its foreign sources.

Some allegations are more serious. While he was alive, neoconservative Senator John McCain maintained that leaks provided to WikiLeaks by Chelsea Manning, which included the diplomatic cables, caused U.S sources to be murdered.

Those who see Assange as a villain will end the story here. What is typically left out is that WikiLeaks originally released the diplomatic cables in piecemeal form, with names redacted to prevent loss of life and minimize harm.

It was only after a Guardian journalist’s error led to the full unredacted cables leaking to third parties on the web that WikiLeaks published them as well — and not before Assange attempted to warn the office of Hillary Clinton, then U.S. Secretary of State.

In other words, WikiLeaks behaved precisely as any responsible publisher handling sensitive material should, redacting information that could cause harm. The redactions only stopped when they became pointless. Assange is unlikely to have won more than a dozen journalism awards if he were completely reckless in his publications.

The Pentagon later admitted under oath that they could not find any instances of individuals being killed as a result of being named in Manning’s leaks to WikiLeaks, contradicting Sen. McCain’s allegations.

At worst, Assange and WikiLeaks can be accused of negligence, not deliberate recklessness, in the way it handled sensitive material. But as Breitbart Tech reporter Lucas Nolan points out, a far stronger case can be made against Hillary Clinton for the way she handled State Department emails — yet we see no criminal charges against her.

It’s hard to escape the conclusion that the only reason Assange is being targeted is that he tangled with the highest levels of the western establishment. In that, he is far from alone.

In the late 2000s to early 2010s, western governments targeted all manner of individuals associated with Assange and the NSA whistleblower Edward Snowden, including Laura Poitras, Glenn Greenwald’s partner David Miranda, and The Guardian newspaper.

This was the early growth period of the internet, when the web had become a truly popular medium but had yet to be censored by pliant social media corporations. It was a time of profound unease at the power of the internet to undermine authority, both through the dissemination of information as in the case of WikiLeaks and Snowden, and in the new mobilization of political forces, as in the case of Occupy Wall Street and the SOPA/PIPA protests. Heavy-handed crackdowns against individuals and groups that were seen, rightly or wrongly, as symbols of the web’s early anarchic tendencies, like Kim DotcomAaron SwartzAnonymous, and LulzSec, were not uncommon.

These days, however, a new class of western dissident has emerged — the populist dissident.

Populist Dissidents

Who would have thought that the highest court in Europe, home of the enlightenment, would uphold a case in which a woman was prosecuted for blasphemy against Islam?

Who would have thought that Britain, the birthplace of liberalism and the free press, would ban an independent journalist from its shores for satirizing the same religion?

Who would have thought that Germany, whose living memory of the totalitarian Stasi is just three decades old, would put its largest opposition party under surveillance?

Just a few years ago, all three would sound far-fetched. But cases like these have become common as elites in virtually every western country mount a panicked attempt to contain the rise of populism (the goal, in the words of a Google executive, is to render it a “hiccup”in history’s march towards progress).

Look at the case of Tommy Robinson, the British critic of Islam who was dragged through Britain’s courts on fuzzy contempt-of-court charges. Sentenced to an astonishing thirteen-month imprisonment, Robinson was eventually freed after a successful appeal and now awaits a final trial before Britain’s Attorney General. Shaky charges that have been successfully appealed were exploited to persecute a British citizen who was inconvenient to the establishment. And there’s still a further trial to come.

Then again, Britain is a country that routinely bans foreign politicians and media figures from the country for being too right-wing. Michael SavageGeert WildersLauren SouthernPamela Geller, and Robert Spencer all enjoy this dubious distinction. Theresa May, who was responsible for internal affairs and immigration when Spencer and Geller were banned, is now the Prime Minister.

But it’s not just Britain. Not only has Trump’s White House, supposedly an ally of populists, failed to publicly intervene on behalf of the American citizens banned from the U.K. for expressing populist viewpoints, but it hasn’t even investigated allegations that far-left Antifa activists were able to stop conservative Rebel Media personality Jack Buckbyfrom entering the country by spreading false criminal allegations.

Julian Assange, a left-libertarian may share little ideological ground with right-wing critics of Islam. But they all share at least one thing: persecution by western states coupled with anti-establishment political speech or activities. They are also targets of the security establishment — Assange because of leaks that have exposed their secrets, and the populists because they refuse to censor themselves to avoid angering Muslims. (The UK justified its attempted ban of Geert Wilders by arguing that his presence in the country could lead to “inter-faith violence.”)

We also see attacks on free speech, with governments and politicians across the west pressuring Silicon Valley to suppress its critics. An unaccountable, unelected elite can sweep away a person’s livelihood in minutes, and cut their political message off from millions of American citizens. As I wrote in my column two weeks ago, the overarching trend is the gradual destruction or delegitimization of every tool, digital or otherwise, that non-elites use to express their preferences. Does that sound like a free society, or a controlled one?

You don’t have to agree with any of the individuals or groups listed above to see that surveilling political parties, blocking journalists from entering countries, jailing critics of religion, upholding blasphemy laws and censoring the net is the behavior of authoritarian nations, not liberal democracies. Yet this is the disturbing pattern we now see in the west.

Worse, foreign authoritarian regimes now provide safe harbor for western dissidents, in the same way that the west does for foreign dissidents. Edward Snowden, accused of violating the U.S. Espionage Act of 1917 for blowing the whistle on the NSA’s mass surveillance of Americans, has for years resided safely in Russia, a country that persecutes and even kills its own journalists. Before that, he sought refuge in Hong Kong, a “Special Administrative Region” of the People’s Republic of China, an even more terrifyingly totalitarian state.

Will there now be a quid pro quo, with Russia and other authoritarian regimes protecting our dissidents while the west protects theirs? Or will western countries remain true to their liberal traditions, and stop its alarming attempts to surveil, suppress, and persecute a growing number of its own citizens? On present trends, a dark and dystopian future seems to loom on the horizon.

Allum Bokhari is the senior technology correspondent at Breitbart News. You can follow him on TwitterGab.ai and add him on Facebook. Email tips and suggestions to [email protected].

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Zuckerberg’s “War Face” Has Driven Key Executives Away, Stoked Tension With Sandberg

About a dozen senior or highly visible executives disclosed their resignations or left Facebook in 2018.

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Via Zerohedge


Earlier this year, Facebook CEO Mark Zuckerberg gathered around 50 of his key executives and told them that the company was at war – more specifically, under siege from lawmakers, investors and angry users over the Cambridge Analytica data harvesting scandal and Russian influence on the platform.

Zuckerberg, according to the Wall Street Journal, told his top lieutenants during that June meeting that while executives can move more slowly and methodically on key decisions during “peacetime,” he would be acting more decisively going forward, said people familiar with the remarks.

The result? Tension which has boiled over to the point where several key executives have left the country – as well as friction between Zuckerberg and longtime COO, Sheryl Sandberg.

The 34-year-old CEO believes Facebook didn’t move quickly enough at key moments this year and increasingly is pressing senior executives to “make progress faster” on resolving problems such as slowing user growth and securing the platform, said people familiar with the matter. Mr. Zuckerberg also at times has expressed frustration at how the company managed the waves of criticism it faced this year.

On Friday, that tension was on display when, during a question-and-answer session with employees at Facebook’s headquarters in Menlo Park, Calif., he blasted a fresh round of critical news coverage as “bullshit,” according to the people familiar with the remarks. –WSJ

One Facebook employee at the Friday session asked if the company could mitigate leaks by publishing internal reports on how frequently offenders are found and fired. While Zuckerberg said that Facebook does fire leakers, the root cause is “bad morale” thanks to negative press coverage.

And while the WSJ notes Zuckerberg has taken on ambitious annual goals, such as learning Mandarin and reading 25 books, this year his biggest challenge is fixing Facebook through his tougher management style, according to a person familiar with his thinking (so says the WSJ). Perhaps the Facebook CEO hired a drill sergeant to coach him on bringing out his inner-Alpha?

According to the Journal, Zuckerberg and Sandberg have had confrontations over his new management style, after she had long been afforded considerable autonomy over the company’s teams which handle communications and policy.

This spring, Mr. Zuckerberg told Ms. Sandberg, 49, that he blamed her and her teams for the public fallout over Cambridge Analytica, the research firm that inappropriately accessed private data on Facebook users and used it for political research, according to people familiar with the exchange.

Ms. Sandberg later confided in friends that the exchange rattled her, and she wondered if she should be worried about her job.

Mr. Zuckerberg also has told Ms. Sandberg she should have been more aggressive in allocating resources to review troublesome content on the site, said one person familiar with the matter, a problem that the company still struggles to fix. –WSJ

Meanwhile, Zuckerberg seems to be pleased of late with internal improvements, telling reporters last week that Sandberg is a “very important partner to me, and continues to be, and will continue to be.”

Privately, Zuckerberg has told executives that some of the fallout from the Cambridge Analytica data harvesting scandal was just “hysteria,” to which Facebook simply didn’t mount an effective response.

Clash of the tech titans

Zuckerberg famously has butted heads with the co-founders of photo-sharing app Instagram, over his desire to share user location data on the main Facebook platform in order to help better target ads. The now-resigned Instagram founders strongly opposed the idea, and abruptly left the company in September.

The founders of WhatsApp similarly bailed on Facebook after disagreements over how to best extract revenue from the messaging service, according to people familiar with the matter.

And most recently, was the departure of Oculus VR co-founder Brendan Iribe, who was forced out by Zuckerberg in part due to a disagreement over the future of the virtual-reality handset, the people said. The decision to leave was reportedly “mutual.”

All told, about a dozen senior or highly visible executives disclosed their resignations or left Facebook in 2018. In May, Facebook announced a major reshuffling of top product executives in a way that helped free up Mr. Zuckerberg to oversee a broader portfolio within the company.

This turmoil at the top of Facebook has made it difficult for the company to execute on some product decisions and shore up employee morale, which has been sinking over the last year along with the stock price, which has fallen 36% since its peak. Many employees are frustrated by the bad press and constant reorganizations, including of the security team, which can disrupt their work, according to current and former employees. –WSJ

Doing whatever it takes

Facebook has come under fire recently – most notably after a New York Times report that the company used GOP operatives to smear the company’s detractors and promote negative news about competitors Google and Apple.

When the Cambridge Analytica data harvesting scandal broke – the resultant rebukes from Apple CEO Tim Cook and Google executives sent Zuckerberg ballistic. The Facebook CEO “later ordered his management team to use only Android phones —arguing that the operating system had far more users than Apple’s,” according to the Times.

Facebook then went on the offensive against the fellow tech giants.

On the advice of Joel Kaplan – a well-connected Republican friend, Bush administration official, and former Harvard classmate of Sandberg, Facebook began to go after Google and Apple.

Mr. Kaplan prevailed on Ms. Sandberg to promote Kevin Martin, a former Federal Communications Commission chairman and fellow Bush administration veteran, to lead the company’s American lobbying efforts. Facebook also expanded its work with Definers.

On a conservative news site called the NTK Network, dozens of articles blasted Google and Apple for unsavory business practices. One story called Mr. Cook hypocritical for chiding Facebook over privacy, noting that Apple also collects reams of data from users. Another played down the impact of the Russians’ use of Facebook.

The rash of news coverage was no accident: NTK is an affiliate of Definers, sharing offices and staff with the public relations firm in Arlington, Va. Many NTK Network stories are written by staff members at Definers or America Rising, the company’s political opposition-research arm, to attack their clients’ enemies. –NYT

Facebook has responded, initially saying they didn’t put out “fake news” against their competitors, and they had no idea what their marketing department was doing. On Friday, however, Sandberg said she took full responsibility for the actions of the communications team.

Facebook has tried to move forward following its various scandals; spearheading efforts to reign in data harvesting, and looking for someone to oversee its corporate, external and legal affairs.

Hopefully whoever is ultimately in charge of oversight won’t be scared away by Zuckerberg’s war face.

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