International Criminal Court a Tool for Regime Change in Syria?

 

 

 

On Thursday, 22 May 2014, two of the five permanent members of the United Nations Security Council (UNSC) with veto power, have vetoed the French draft resolution to refer Syria to the International Criminal Court (ICC) in The Hague to investigate allegations of serious violations of international humanitarian law. 

The ICC prosecutor cannot investigate the situation in Syria without a referral from the Security Council because Syria is not a state party. Syria has signed, but not ratified The Rome Statute, the treaty that established the International Criminal Court. The court has jurisdiction over crimes only if they are committed in the territory of a state party or if they are committed by a national of a state party. An exception to this rule is that the ICC may also have jurisdiction over crimes if its jurisdiction is authorized by the United Nations Security Council.

 

It was to be expected and foreseen that Russia (and China) would block the passage of the draft resolution, so what are the reasons France initiated this draft and put it to vote?

 

Although Syria has not ratified the Rome Statute, this can be overcome given that Syria is a signatory to the Rome Statute. Signature of a treaty does not create legally binding obligations for the signatory state, however, according to Article 18 of the Vienna Convention on the Law of Treaties (1969), a signatory who intends to ratify is bound to refrain from acts which would defeat the object and purpose of a treaty. Thus, Syria must comply with interim obligations under the Rome Statute. Technically speaking, the ICC Prosecutor can initiate a criminal investigation in Syria on these grounds.

 

In the past weeks, several non-governmental organizations (NGO’s) have done their utmost to help build a case against the government in Damascus.

 

 

george_sorosHuman Rights Watch (HRW), funded by convicted criminal George Soros through his Open Society Institute and used as a tool to undermine national governments around the world, claims that over the last three years, Human Rights Watch has extensively documented abuses by Syrian government and pro-government forces and concluded that they have committed crimes against humanity and war crimes. According to HRW, the Syrian government continues to carry out indiscriminate air and artillery attacks hitting civilian areas and to arbitrarily detain, torture, and extra-judicially execute civilians and combatants.

 

d031d40d-36e8-4fbf-a5f7-5ce8e1be45ac-mPhysicians for Human Rights (PHR), an NGO that receives funding from the UK government, claims that although clinics, hospitals, ambulances, and medical service providers are protected under the laws of war, the Syrian government is repeatedly bombing hospitals until they are destroyed, and that doctors, nurses, pharmacists, medics, ambulance drivers, and medical students are also under fire. According to Physicians for Human Rights, as of April 2014, PHR had confirmed the death of 468 medical service providers, some of whom were killed during attacks on hospitals, clinics, and ambulances, while others were detained and tortured to death in Syrian prisons. Moreover, according to PHR, in violation of the standards of the Geneva Convention, civilians are actively being targeted and then denied life-saving medical care.

 
downloadAccording to The Telegraph (UK), a specialist team from the UN’s Organisation for the Prohibition of Chemical Weapons is investigating the use of chlorine bombs against opposition fighters. The Telegraph also mentions that the Israeli military website Debkafile, which has close ties to Israel’s Defence Ministry, reported earlier this month that Iran was supplying Syria with the new Chinese-made chlorine bombs that are being used against the rebels. In one attack at Kafr Zita, on the outskirts of Hama, regime loyalists were said to have used Chinese-manufactured chlorine gas canisters rigged with explosive detonators.

 

After the liberation of Homs, the third largest city of Syria, earlier this month and the recapture of the Aleppo prison and its surroundings, it is clear that Syrian President Bashar al-Assad is heading for a victory not only in the terrorist war against Syria, but also in the coming elections of 3 June.

 

NATO and friends realize that the only possibility to achieve their goals, is to discredit the Syrian President, government and military by fabricating a case against them based on lies, thus creating a pretext for a humanitarian intervention, which can be prevented or stopped in exchange for regime change.

 

ICC_premisesSyria has signed the Rome Statute, the treaty that established the International Criminal Court, and is according to Article 18 of the Vienna Convention on the Law of Treaties (1969) bound to refrain from acts which would defeat the object and purpose of the treaty. It is therefore very well possible that in the coming weeks the International Criminal Court will initiate a criminal investigation in Syria for non-compliance with interim obligations under the Rome Statute.

 

In this context, it is worth mentioning that on 6 May 2002, the administration of US President George W. Bush sent a note to the United Nations Secretary-General Kofi Annan,“nullifying” the Clinton signature to the Rome Statute of the International Criminal Court. US Undersecretary of State for Arms Control and International Security John Bolton, in a simple three-sentence letter to UN Secretary-General Kofi Annan, formally ended US participation in the International Criminal Court, asserting that Washington “does not intend to become a party (to the Rome Statute of the ICC)” and that it “has no legal obligations arising from its signature (to the treaty)”

 
I strongly recommend that Syria follows in the footsteps of the US and “un-signs” the Rome Statute, making use of Article 25 of the Vienna Convention on the Law of Treaties, according to which, unless the treaty otherwise provides or the negotiating States have otherwise agreed, the provisional application of a treaty or a part of a treaty with respect to a State shall be terminated if that State notifies the other States between which the treaty is being applied provisionally of its intention not to become a party to the treaty.

 

 

 


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zolbor
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zolbor

Pro tip : French prime minister Manuel Valls says he’s eternally linked to israel. Fabius (foreign minister) is an active zionist.

cataro
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cataro

Syrian diplomacy has proved cautious and effective on many occasions and I have no doubt that they must have powerful reasons to have diplomatic links with the Gallic country, protecting the nationals mentioned first. However, do not think the French government deserves much nobility and maturity on the part of Syria, and is just my opinion (and my bile), probably at the time as Ziad said this miserable French government will get paid to much evil.

hussein
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hussein
mon dieu, there is no surprise there. France was the first nation to be taken over by international zionisim. It was the french revolution then napoleon that first released the “jews” from the ghettos to start with. i assume they bribed napoleon with money to help fund this war machine. france then became the first nation to produce pornography and other decadent material in europe. i am certain that this was influenced by the jews, as par of their process to corrupt the “goyim”, as stated in the famous protocols of zion. france was and still is owned and run… Read more »
Ziad Fadel
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Legatus

Great article from Ms. Mulder. I hope you will be writing again about matters concerning international law and global hypocrisy. Ziad

Jenny Mulder
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Thank you, Mr. Fadel! That means a great deal, coming from you. Talking about international law and global hypocrisy, there is enough to fill a book with.

gbcd
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gbcd

I agree with the conclusions of the author of this article. It is a pity that they use any means necessary to attack Syria. These treaties are a joke on the mental sanity of mankind.

Canthama
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Level 8 - Legatus Legionis
Canthama

ziad, hope the Syrian Government follows your advice promptly, there is no end for the evil empire, unless it loses all its teeth and claws. Pls keep us posted on this issue.

Anonymous
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Anonymous
Syria has some paying back to Russia for the support 🙂 that is true brotherhood, unlike the backstabbing americans. When the war has ended, Assad needs to buy some serious military hardware off Russia, which can then be used to get back the Golan heights. My uncle was killed in the Arab Israeli war, he was Syrian and tryed to take a wounded Israeli as a prisoner, he got the Israeli up, as which point he was stabbed to death by the Zionist with a bayonet, who was quickly gunned down by my uncles fellow soldiers. I will never forget… Read more »
rus.lang
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rus.lang

The biggest payback will be if you stand strong and independent. World of one master and shoe-licking slaves is a sad place to live in. You should be proud of your nation, even big and advanced nations like Germany and Japan have sold pride being sovereign and have foreign troops stomping their soil. Good poor old Otto von Bismark doesn’t see this shame.

Hate to admit
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Level 3 - Praetorian

I really admire your wisdom, it is good for a country who can stand on it’s own feet than licking master shoes, a good example of a country who can stand very well is Iran, they can manufacture there own defense and strength by itself and the technology that they used cannot be easily sold to other country. ex: Georgia war with Ossetia, Israel sold the missile signature to Russia and look what just happen to Georgia military? Defeated so easily by Russian force.

CHEVI789
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Level 7 - Tribunus Angusticlavius

May he rest in peace, and i know you never trust the israelis, they always fight dirty and not like men, i had a few die in that war as well and they all said the israelis are not men but chickens hell bent on fighting dirty, they then knew never to leave one soldier alive and shoot them before they even got close just in case.

George w reed
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George w reed

An uplifting article on the presidential election in Syria.

“Syria: Free and Fair Elections Despite Western Sabotage.

People of Syria Take Back the Stolen Arab Spring in Presidential Elections.

nsnbc : Syria is living in a fair and democratic atmosphere ahead of the presidential elections, said presidential candidate Dr. Hassan al-Nouri, adding that the current government succeeded at holding foreign influence at bay. Prominent Syrians denounce the double standards of Germany, France, among other, who prevent Syrian expatriates from voting in Syrian embassies.”

http://nsnbc.me/2014/05/23/syria-free-and-fair-elections-despite-western-sabotage/

George

Shinaydeen
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Shinaydeen

The arguments deployed in this article are legalistic and may be of interest to law students. However, they are also completely irrelevant for two reasons:

1. As Jenny herself points out, Russia and China will not tolerate this nonsense getting through the UNSC.

2. Only those who lose wars end up before the ICC. The Syrian government is winning.

Jenny Mulder
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Newbie
Unfortunately, Shinaydeen the arguments are not irrelevant at all. Even when vetoed by permanent members of the UNSC, the ICC can initiate a criminal investigation in Syria because Syria is a signatory to the Rome Statute. Signature of a treaty does not create legally binding obligations for the signatory state, however, according to Article 18 of the Vienna Convention on the Law of Treaties (1969), a signatory who intends to ratify is bound to refrain from acts which would defeat the object and purpose of a treaty. Thus, Syria must comply with interim obligations under the Rome Statute. Technically speaking,… Read more »
Shinaydeen
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Shinaydeen
Jenny writes: “If the International Criminal Court decides to investigate and prosecute the Syrian President, government and military for non-compliance with interim obligations under the Rome Statute, Syria may have won the battle but lost the war.” Jenny. what you are talking about is a propagandistic, legal battle. I’m sure that everything you say, in legal terms, is quite correct. But if Syria wins the war, none of it matters. Nobody is going to be knocking on the door of the Presidential Palace with an arrest warrant for one Bashar Al Assad. If Syria wins – and Syria will win… Read more »
Jenny Mulder
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Newbie

Shinaydeen, I really hope you’re right. What worries me is the incredible amount of disinformation in the last weeks about torture, rape, chemical weapons, bombing of hospitals and medical staff, targeting of civilians, and so forth, in the mainstream media. What puzzles me, is that France must have been very well aware that Russia would veto the draft resolution, so why initiate it and put it to vote?

Son
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Son

Syria has recently taken measures to to prosecute the French (Zionist controlled) government. Syriafreepress

Shinaydeen
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Shinaydeen

Money.

Shinaydeen
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Level 4 - Scholae Palatinae
Shinaydeen

Jenny wrote:

“France must have been very well aware that Russia would veto the draft resolution, so why initiate it and put it to vote?”

France has interests in supplying weapons to all of the countries that are enemies of Syria. France also has the arrogance of a former colonial ruler which thinks it knows better then the upstart locals how to rule the country.

The government of France does not understand Syria; they will fail and are failing completely.

teevee
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Level 5 - Tribunus Militum
teevee

yes what you say in it’s face value is correct but what Jenny is saying is totally a legal issue, as she said the US withdrew Clintons agreement by simply writing a note, so why not do the same and cover any possible legal problems that may come up that might cause some other issue at a later date. better be safe than sorry. No?

Jenny Mulder
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I totally agree with you! Better safe than sorry. Moreover, it’s taking a clear stand that Syria does not recognize that banana court.

The Thylacine
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The Thylacine

Absolutely, Jenny, thanks for the article.
Dr al-Moallem or Dr Jaafari should ideally get hold of a photocopy of the odious Bolton’s little note and use Tipp-Ex to obliterate his name and signature, over-writing his own.
No point in going to too much trouble with these legal lynch mobs: just stymie ’em.

Jenny Mulder
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Newbie

lol, they certainly don’t deserve the time we’ve spent on them

Anonymous
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Level 0 - Anonymous
Anonymous

This is a total bullshit, a clear pretext. If they want to attack Syria, just do it without
boast of human crimes.

Jenny Mulder
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Newbie

They like to play the good guys, saving the poor and oppressed population from the brutal dictator

CHEVI789
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Level 7 - Tribunus Angusticlavius

So what’s to say they if they try to prosecute the Syrian president many will in turn make their own courts and prosecute blair, bush and co? i have a funny feeling this world is going to get some justice on these real dictators of the west by the hands of it’s own people, many are fed up with their governments, and who is behind it all? the zionists.

Jenny Mulder
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Level 1 - Novice

President Al-Assad is an intelligent man, so they don’t want him to speak out. If they go on with this, something will happen to him before the trial just like they did to Yugoslavian President Milošević.

Jenny Mulder
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Newbie

They feel the need to legitimize their actions

R
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R
Read another article on this and the reasons behind the lead up to the resolution is chillingly similar except this is,with its longtime association,France and not the United States in the lead. RECALL Bush1 ‘Iraq soldiers in Kuwaiti Hospitals killing newborns.? Turned out it was produced in the States and the witness being the Ambassador’s daughter. Bush 2 had his unnamed(with an alias) reveal things(which turned out untrue and after it was over-when they left-he admitted such) now France using(Caesar,a,Syrian Defector, told the investigators his job was “taking pictures of killed detainees”. He did NOT claim to have witnessed executions… Read more »
R
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R

Just checked back to see if more comments had been posted.Why does not China and Russia file charges against France for the indiscriminate bombing of civilians by their Mirage jets.Not only the ICC but also Nato- when their no fly turned into bombing cities and the people in them to dust?

Jenny Mulder
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China and Russia abstained from voting to approve a no-fly zone over Libya, so they let it happen. If they did not approve, why not vote against it?

trackback
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[…] Jenny Mulder […]

Frank Reitzenstein
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Level 7 - Tribunus Angusticlavius

The International Criminal Court, Red Cross, Red Crescent, Knights of Malta and the UN are all joined at the hip. Incidentally the Olympic Committee can be added as all the others have permanent observer status at the UN.

http://www.kmfap.net/index.php?article_id=399

Know thine enemy!

mmmm. Who could be behind all this?

John
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Level 1 - Novice

Interesting debate. It boils down to protecting Syria. Actually, I fear the psychopaths are trying any means to build and prepare a case to bomb The Syrian Regime.
Meanwhile their support for terrorist increases. The ICC motion is not serious, it’s propoganda to prepare the western public for bombing. If Syria were to be referred to ICC, then those issues would be less of a pretext for military intervention, whilst under investigation. I doubt they would stand up in even the ICC. The evidence would implicate solely the fake opposition/mercenaries.

richard sanchez
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richard sanchez

The ICC – “first we are going to give you a totally fair trial, right after that we are going to hang you”.

CHEVI789
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Level 7 - Tribunus Angusticlavius

100% correct, photoshop can produce some real “evidence”, but what about the real evidence?.

ameer
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Level 3 - Praetorian
ameer
Militarily, France and its allies have already lost the war – There is no way they can beat the SAA with their 3 years ongoing tactics. They know this now… Took the a while to understand. France also knew already it was taking the resolution to the Security Council only for Russia/China to veto it. The point of the whole thing is to “continue the pressure” and “to try to present to the world that Russia is an uncivilized nation, while the west is Virtuous”. The whole thing isn’t even about Syria! it is about demonizing Russia in the current… Read more »
rus.lang
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Level 0 - Anonymous
rus.lang

And in this topic i must give my honors to a man who is 11 years on trial in prison, 3 sentences for “disrespect for the court and judge” Vojislav Šešelj, the great patriot of Serbia. He smacked this court so much, all Serbian internet laughs at absurd NATO court and western hypocracy. 28 june his last sentence ends. But they surely make up something to keep him “on trial” forever.

Morgoth
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Level 3 - Praetorian
Morgoth

Indeed.
Also that is the reason they had to kill Milošević, he had strong arguments against western thugs and their involvement in Yugoslavian conflict. Besides he was very good defending himself on court and would hardly be sentenced by legal means.

Kaan
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Level 1 - Novice
Kaan
Great post. Well done, Jenny. I’ve recently noticed the increased media articles regarding chlorine use, but I believe it’s just the normal rubbish being churned out. Regarding military intervention, surely, if it did come to that, the West would adopt a ‘no boots on the ground’ approach? Syria has a good anti-air defense infrastructure. With that, the financial cost of intervention would be significantly greater than that of Libya. With economic growth on a limp, many countries would oppose intervention. The people of the UK are quite aware of the consequences of intervention, surely members of parliament would vote against… Read more »
ameer
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Level 3 - Praetorian
ameer

Good points.

Speaking of the Intervention – Russia has ships on the shore awaiting to shoot anything a “coalition of the willing” outside the security council would do. Hizballah and Iran are also players – Syria just simply Can Not be Brought Down by force!

There are 2 truces in Damascus and one in Hims.

Also the Zabadani hills are now cleared all the way to the boarder with Lebanon.

al Jarban
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Level 3 - Praetorian
al Jarban

Well, Jenny Mulder, tell Ziad to get his friends in Syria to “unsign” immediately.

Please tell me if you can think of any form of recourse for countries like Syria that have gathered proven evidence of international terrorism supported within its borders initiated by regimes in USA, Salafi Wahabia and Turkey?

Or do we all in the West have to swallow the bitter pill of knowing the evil our governments do beyond our borders?

CHEVI789
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Level 7 - Tribunus Angusticlavius

Nice article Jenny, if you have any experience please alert the Syrians to this, unsign now and tell them all to go and get f***D.

So i will tell you my prediction, the E.U, NATO, UNHR , U.N etc will all fall apart, the governments might be with the zionist mafia but the people are not.

Anonymous
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Level 0 - Anonymous
Anonymous
Jenny.. the ICC will have no power to do anything in Syria… The only thing they can do is demonize Assad , and provide a pretext for US -Israel and its Terrorist allies to justify a military intervention.. But that will end to the point of a major regional war involving IRAN and RUSSIA. So relax.. Israel Scum as terrorist as they are.. they will not want their cities to be turned into Dust…and had to fight Syria and Hezbolah and IRAN at the same time with Russia supplying weapons to them, same with Erdogan.. At best what the ICC… Read more »
Anonymous
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Anonymous
So in short.. What will happen in the next Syrian Elections , will be very very very Embarrassing for Obama and its NATO allies who have been helping terrorist in Syria.. There will be thousands of journalist in Syria world wide covering the elections and they all will see the Overwhelming support to Assad..and they all will be telling how American and European media lied all the time about what happens in Syria.. it will be embarrassing for the west… and best of all.. even though Alqaeda will continue fighting to death.. i predict a Significant .. Significant number of… Read more »
FHTEX
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Level 4 - Scholae Palatinae
Anonymous, There were millions upon millions of Libyans out in the streets to support Gaddafi after NATO started bombing Libya–you can see the videos on YouTube from all of the cities–but none of it was reported by the Western media. What’s happened in Syria is the same tired playbook used by the Bilderbergers for years to control nations and resources. But, the Bilderbergers are frustrated that the Russian-Chinese-Iranian axis controis most of the world’s resources and is holding firm. The debt-ridden Western nations are no longer in a position to control nations militarily–witness the 997 out of 1000 emails sent… Read more »
M
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Level 4 - Scholae Palatinae

They will just proclaim that the elections were a sham and they will use some material to “prove” their claims… Blah, blah, blah… Same old, same old… They (US, their sponsors and puppets) simply can’t admit that people in Syria support Assad. They have gone too far and there’s no going back.

Jenny Mulder
Guest
Newbie

You hit the nail on the head

The Thylacine
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Level 7 - Tribunus Angusticlavius
The Thylacine

“Dear ICC,
We repudiate you. We un-sign. We resign from you.
Oh, yes, and remember: S-300, S-400, Iskandar, Sunburn… And by the way, up yours.
Regards,
the free people of the Syrian Arab Republic”

Bob Jackson
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Level 1 - Novice
Bob Jackson

What an appropriate building – all white, two-faced, twisted from the straight and narrow, and obsessed with its own reflection (or is that smoke and mirrors?), with privileged access at the top.

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