Did Richard Goldstone hide more sinister crimes in Gaza? Part 4(Final) (Republished)
Did Richard Goldstone hide more sinister crimes in Gaza? Part 4(Final) (Republished)
My own submission to the United Nations
Having much knowledge of the long term suffering of the people of Palestine and in particular that of Gaza I decided to lodge my own Human Rights Complaint directly with the UN in Geneva.
I did not receive any acknowledgement from them and so I again addressed my complaint to all departments within the UN in Geneva and also to the Red Cross and Red Crescent pointing out that I had not received any confirmation for such an important document………this eventually forced them into sending me a formal acknowledgement
From: PETER EYRE
Subject: Call for Submissions
Date: Wednesday, 10 June, 2009, 11:13 AM
|To whom it may concern,|
Please find attached my submission in regard to the Gaza Investigation by the United Nations.
Please acknowledge receipt of this communication
Yours Sincerely Peter Eyre
Submission: The United Nations Fact Finding Mission on the Gaza Conflict
The Secretariat of the Fact-Finding Mission
c/o OHCHR, G. Motta 48,
Switzerland 10th June 2009
Re; Submission pursuant to Resolution S-9/1 of the United Nations
Human Rights Council (HRC), adopted on 12 January 2009.
Dear Sir or Madam,
Please find below a summary of my research in regard to events leading up to the Israeli – Gaza Conflict 2008 – 2009, including events that took place after the withdrawal of the IDF that all fall within the parameters of your inquiry
In the context of the above Resolution and pursuant to the term of the inquiry namely: International Independent Fact Finding Mission mandated “to investigate all violations of International Human Rights Law and International Humanitarian Law that might have been committed at any time in the context of the military operations that were conducted in Gaza during the period from 27 December 2008 and 18 January 2009 whether before during or after”.
The submission covers many aspects of the build up to the conflict which in my opinion constitutes breaches of both International Human Rights Law and International Humanitarian Law. It reveals many possible failings and weaknesses that occurred historically that were instrumental in the development of the conflict.
These possible failings and weaknesses involved the United Nations (UN), as the main overseer and The United Nations Convention on the Law of the Sea (UNCLOS). The involvement of certain International Governments also played a major role in allowing the already strained relationship, between the parties involved in the conflict, to further deteriorate. This must therefore reflect on those governments, namely that of the United States, United Kingdom, Egypt and Israel including some of the countries that are signatory to NATO.
It is also evident that one of the main contributing factors in the build up to the conflict was the failings of those responsible for monitoring and implementing the guidelines of The Oslo Accord. One can clearly see that all the many issues that occurred on both sides relating to internal and external security may have been instrumental into one side or the other taking action.
In order for your team to truly evaluate what happened I think it would be beneficial to look into the possible root causes of the conflict and as to what is still keeping the fire burning. I sincerely hope that the information provided helps your team complete their task and in reaching a successful conclusion.
The historically backdrop in the build up to this conflict goes back before the final Israeli withdrawal in 2005. The pride of Gaza was its new international airport that had been funded by Japan, Egypt, Saudi Arabia, Spain and Germany with the design by Moroccan Architects. The airport opened in 1998 at a total cost off $86 million and gave the people of Gaza access to the outside world.
However, the United States kept applying pressure on Israel to remove Israeli settlers from the strip and to eventually withdraw from Gaza. In 2001 the systematic destruction of this vital lifeline began followed by the final act of ripping up the runway and taxiways in 2002. The Israeli’s reason for doing this was because they felt that they would not be able to control the flow of possible weapons into and out of Gaza which at the time was under the control of The Palestinian Authority.
This totally unacceptable act of aggression resulted in condemnation from the United Nations and the International Air Transport Association (IATA) as well as other member countries. This act alone left the people of Gaza with a bitter taste. The final end to Israeli dwellers and the withdrawal of the IDF in 2005 supposedly signaled an end to the occupation.
I believe that in actual fact this was not the end of the occupation of Gaza but rather a new phase in its occupation and the start of an extensive blockade. When one looks at the time when the airport commenced operations it truly gave the people a ray of hope and gave them a certain level of freedom with borders open and trade taking place (with restrictions). However, we now see a total blockade and an indirect occupation of Gaza with many more restrictions and border closures.
Immediately prior to this pull out we saw the establishment of The Oslo Accord which was deeply flawed with Israel basically calling the shots. A fishing zone was declared which fell well short of normal international protocol. It created a marine buffer zone in both the North and South of the Gaza Marine Area and in doing so reduced both the breadth and width by a significant margin. This act alone was not in line with normal international borders and basically deprived the Palestinians of claiming it territorial waters, rights and EEZ that is so vital to their economy. The Israeli’s insisted that as part of the deal that they would be responsible for all security aspects and that the offshore area would come under their control. This further extended into total control of land, sea and air.
This was the first major mistake made by the mediators and would have serious consequences down the track. During this same period of time British Gas had found some interesting large reserves of natural gas in the offshore Gaza Marine Area and those finds resulted in two wells being named Gaza Marine 1 and 2.
One can clearly see that this issue would also back fire and create total mistrust.
When you look at a nautical based chart for the region and the optional plans for the subsea pipelines it is very easy to see why many were concerns.
Let’s just dwell on those two issues alone and focus in on the implications to the people of Gaza and Palestine. You know have a situation whereby the IDF do not accept the terms of the Oslo Accord and continue to kill, injure or intimidate the fishermen. The IDF warships patrol the strip on a regular basis, open fire and also sometimes ram these harmless vessels. The Israeli naval vessels also severely restrict the fishermen to sometimes 6 nm or down to 3nm whenever it suits them. As a result of these actions The Gazan fishing industry has collapsed and the fishing stocks in the permitted area have been depleted to a dangerously unacceptable level. This industry was so vital the people of Palestinians in terms of fish for protein intake and for its economy. Surely this constitutes a breach of International Human Rights Law, International Humanitarian Law.
The second and most important issue is that of the huge reserves of natural gas in the Gaza Marine Area and their location in regard to international borders. One must also address the adjacent Israeli reserves that could in actual fact be jointly owned and if that is the case we could again see a violation of international law. The UN has already condemned Israel for exploiting Palestinian natural resources and this could prove to be an extension to that problem. Again we come back to the issue of possible violation of both International Human Rights Law and International Humanitarian Law.
To put these two very important issues into perspective we have to visit Gaza and see the world’s largest outdoor prison and all of the associated poverty and hardship that has been forced upon them. We can very quickly carry out an analysis and realize that in actual fact apart from the urgent requirement of Medical Aid and Humanitarian Supplies the people of Gaza and West Bank do not need financial aid as they have all the wealth in the world sitting offshore, which belongs to Gaza and the people of Palestine. In that regard there is certainly a case to answer via UNCLOS and the ICJ.
Finally we come to the actual crimes associated with the conflict just before, during and after the event. What is absurd is the fact that in June 2008 Israel was debating a plan to attack Gaza whilst at the same time they were in discussions for a 6 month ceasefire with Hamas. Prior to this there Ex Chief of the IDF had quoted that Hamas had to be removed from Gaza before the gas could flow.
I can say with great authority there is certainly a link between the very lucrative offshore reserves and the attack on Gaza. Israel realized that there was a distinct possibility that the Gaza Gas from Marine 1 and 2 could well be directed to Egypt and then turned into LNG for onward export to UK, US or wherever. This prompted the involvement of the British PM Tony Blair to intervene in an attempt to get talks underway again. The initial contract with Egypt was therefore cancelled.
The Israeli desperately needed this gas deal and asked British Gas to again enter into urgent negotiations in order to strike a deal before such an attack was carried out. Had they gone in too early the Central Government (PA) would have gone against the Israeli’s as a protest and the contract would never have been signed. Again Talks with British Gas fell though and Israel decided to go in and remove Hamas and had they been successful the gas deal would have been back on track. As we all know worldwide condemnation forced them to pull out.
Before detailing the violations within Gaza I would like to draw to the attention of the United Nations that Israel has ignored over 130 UN Resolutions with the total support of the United States. In addition to this the UN Permanent Observer Mission for Palestine has sent over 339 letters to the UN Secretary General complaining of serious illegal Israeli actions and other matters between 2005 and early 2009. We have also seen other violations of the Geneva Convention that is already well documented.
The five year interim agreement has failed from its onset and relationships have become strained after many serious incursions by the IDF. In December 2008 we witnessed the totally disproportionate attack on Gaza. Since the conflict the crossings have been severely restricted to a point of stagnation. They close without warning despite the urgency of Medical/Humanitarian Aid and stop those with urgent medical conditions from seeking treatment.
We have seen high levels of intimidation in the offshore Gaza area and we continue to see regular bombings by the IDF at selected targets, most of which have been in the tunnel area of Southern Gaza. It is obvious that since the agreement between the US – Egypt – Israel and the continued financial/military support, the Rafah crossing is totally controlled by the US and Israel. When we add up all the violations – UN Resolutions, Geneva Conventions, Oslo Accord and the terrible consequences of the attack on Gaza we can see that the Palestinians have really been dealt a card from the bottom of the pack.
As an ex military man serving in the Middle East and having spent much time in the region as a consultant I find the current situation totally unacceptable. When the IDF first moved into Gaza, I, like most veterans, watched with horror as we first observed the parachute illumination flares being fired. This immediately was followed by White Phosphorus time and time again all of which were over highly populated areas which as we all know this is in violation of the Geneva Convention.
The use of White Phosphorus on densely populated areas is in violation of the Geneva Convention: Protocol on Prohibitions or Restrictions on the Use of Incendiary Weapons (Protocol III). Certain use of incendiary weapons, in particular the use of air delivered incendiary weapons against targets situated amongst concentrations of civilians (Protocol III to the Conventional Weapons Convention). WP was and has been used extensively
When WP rains down on areas of population it is impossible to avoid the fallout. Sometimes they explode very close to the ground or at acute angles & the concentration of WP are intense and in this case the casualty level can be extremely high. When WP is released into the atmosphere it is vital that persons are not out in the street & families remain inside with windows & doors closed. Phosphorus can badly damage the lungs of babies and children. WP continues to burn for some time as long as it has oxygen. When it comes in contact with the skin it can burn right through to the bone and in such heavy concentrations will cause death by burning beyond recognition. Evidence of such injuries and deaths are available at the hospital and by the ambulance crews attending the scene.
Depleted Uranium (DU) weaponry was and are still being used in the Gaza Strip which again is in violation of the Geneva Convention. The use of weaponry containing Depleted Uranium (DU) with indiscriminate effect or of a nature to cause superflouus injury or unnecessary suffering is in violation of Protocol I to the Geneva Conventions. Countries using such weaponry have an obligation to ascertain that new weapons do not violate the laws and customs of war or any other international law. The International Court of Justice considers this rule a binding customary humanitarian law. These US manufactured weapons are currently in us by the US, UK and other NATO forces as well as the IDF. They have been used in the Balkans, Kuwait, Iraq, Afghanistan, Lebanon, Gaza and now possible Pakistan
Chemical toxicity of DU is about a million times greater than its radiological hazard. Health effects of DU are determined by factors such as the extent of exposure & whether it was internal, external inhalation, Ingestion & Shrapnel. Causes Congenital Disorders, Immune System Damage, Increased Risk of Birth Defects & Brain Damage
There are also serious long-term effects of DU such as malignant cancers, ludicrously high leukemia rates, heart problems, 4 x increases in cancer among children. DU dust can also contaminate agricultural areas & water supply. In 2003 DU was used in the Iraq “Shock and Awe” campaign. Around 350 sites were contaminated resulting in around 140,000 cancer cases. It is estimated that this increased to between 7-8,000 new cases per annum. This would indicate that the future for Gaza is not good unless the UN investigate, locate, isolate and force the removal of such contamination without delay.
I would also add that these potential highly contaminated sites are currently used by locals, especially children, to forage around for recyclable items. The danger to children in particular is extremely high as there organs and immune system are not yet fully developed
A strong case may also exist in the use of DIME weaponry in the Gaza Strip based on the type of injuries observed and should form part of the investigation. Indications reveal the use of DIME weapons were experimentally carried out on Gaza.
These weapons consist of a Carbon Fibre case filled with mixture of explosive and a very dense powder of a Heavy Metal Tungsten Alloy (HMTA) composed of tungsten & other metals such as cobalt, nickel or iron. The casing disintegrates into extremely small particles, as opposed to shrapnel. Survivors close to the lethal zone may have their limbs amputated (as the micro shrapnel can slice through soft tissue and bone) and may subsequently contract cancer from the HMTA micro-shrapnel embedded in their body tissue. The carcinogenic effects of HMTA have been studied by the U.S. Armed Forces since at least 2000, along with DU and these alloys were found to cause a transformation in the victim’s cells.
I would also add that any surgeon, when operating on such victims, will only remove fragments that are safe to do so and many other fragments remain inside the body to carry out there own lethal progression.
Other terrible war crimes have been committed by the IDF whilst inside the Gaza Strip. Much of this activity is well documented and the team will gain knowledge of such violation by carrying out local interviews The ironic aspect of these crimes is the fact that it constitutes a violation of the IDF own Code of Conduct which clearly show the parameters in which they have to operate. Conclusive evidence exists locally on this aspect and I have details those rulings as per below:
Code of Conduct against militants and Palestinian civilians
Military action can only be taken against military targets.
The use of force must be proportional.
Soldiers may only use weaponry that was issued by the IDF.
Anyone who surrenders cannot be attacked.
Only those who are properly trained can interrogate prisoners.
Soldiers must accord dignity and respect to the Palestinian population and those arrested.
Soldiers must give appropriate medical care, when conditions allow, to oneself and one’s enemy.
Pillaging is absolutely and totally illegal.
Soldiers must show proper respect for religious and cultural sites and artefacts.
Soldiers must protect international aid workers, including their property and vehicles.
Soldiers must report all violations of this code.
We now come to the issue of “Who sold such weapons to Israel”?
It is evident that these weapons are illegal in the context by which they have or are being used. It is also believed that the sale of such weapons could constitute a violation of the US Department of Defense own rulings on the export and usage of these weapons that are manufactured primarily in the US. A member of Congress has already raised this issue with the US Secretary of State. It must also be noted that all weapons are passed through Congress for approval with the final signatory being the President. The sale of all the arms to Israel is well documented and normally one can see much activity just prior to conflict which was the case in Israel when 1,000 Smart Bombs were exported just prior to the attack.
Finally as evidence, I add reference to the following list of some of the more recent letters sent to the UN Secretary General from the Permanent Representative for the UN in Palestine. These original letters are held at the United Nations for your perusal and I presume form part of any enquiry if relevant to the location:
June 3, 18 and 25 – July 25 – August 1 – September Nil – October 20th – November 5, 17 – December 27, 29 and 30
January 2, 5, 6, 9, 12, and 14 – February 2, 18 and 25 – March 6 and 25
April 8, 16 and 30 – May 22
On the question of Depleted Uranium we have seen flaws in the research and testing techniques especially on the effects of low level radiation as opposed to high dosage rates. The Balkans revealed many such flaws which did not bring the result most people were hoping for. It is fact that in forensic science one can now prosecute a person for carrying out the murder of another person, even when the victim has never been found. This is done by DNA evidence of both the victim and the offender and also other on site sampling and laboratory tests.
In the Balkans forensic evident was found in the use of DU but the outcome was not conclusive in that the Military denied its use. Why such evidence did not bring the expected result was indeed a major flaw in that enquiry. DU Penetrators were found and other DU weapons fragments with clear traces of yellow on the casings along with the appropriate radiation readings.
We saw the same happen during the Lebanon 2006 conflict when again Israel was accused of using DU weapons. Further independent laboratory tests on samples taken from craters revealed the presence of enriched uranium and much more. Additional tests further revealed the possible use of 4th Generation Weapons. All the appropriate readings were very well documented and are still retained. Again good evidence was recovered but the result was again flawed and the IDF denied it usage.
Kuwait and Iraq was the first time that DU truly came out into the open and all evidence was confirmed by the experts and the various armed forces. As a result of an unfortunate accident at a US depot in Kuwait, contamination from the DU spread in the area. This was conclusive evidence that the US and other NATO forces were using DU weaponry. The Kuwaiti Government then ordered the US to clean up the site and remove the contamination. This is normal policy and in this case the US had to remove around 7,500 kg of contaminated soil/sand and ship it back to the US for disposal. If one can relate to any such bomb site in Gaza then we can see the same problem on a much smaller scale.
Local independent sampling from Gaza has already taken place and currently under laboratory testing in both the UK and Sweden. The initial findings show some very interesting aspects with an apparent firm link to Depleted Uranium. Further sampling is required from the Rafah border & tunnel area of Southern Gaza to conclude this private investigation.
Gaza is an extremely small enclave with a dense population. The world was truly shocked at the disproportionate attack by the IDF and the high rate of injuries and deaths, especially in women and children. One cannot imagine the on going casualties that may follow as a result of the many weapons used on Gaza, some of which appeared to be experimental. It is hoped that this independent research will reveal shocking evidence with good clear results.
DU as we know becomes an aerosol with a potentially lethal outcome. The DU Dust/Contamination can travel very long distances both in the adjacent area, region and further afield. It is possible that this contamination has since passed over the border to Israel, Lebanon, Jordan and Egypt. During the attack on Lebanon in 2006 the DU contamination moved into Northern Israel within one hour. As a result of this contamination we may well see a dramatic rise in cancer related illnesses both in Palestine and the region. This, as we know may also cause still births and badly disfigured babies and reflects on the importance of keeping very accurate health records in Gaza and West Bank. It would also be advisable for adjacent countries to also carry out their own analysis.
To summarise we now have an opportunity to investigate in great detail the past failings of the many authorities involved in all past and current DU investigation. We can now carry out an assortment of different up to date tests on both victims and in the laboratory. These tests should take into account that methods used in the past, such as the ICRP Biokenetic Model, is not suitable for low level radiation. We must also focus on the uniqueness of Alpha particles once inhaled or ingested into the human body. Its capacity to start the cancer cycle, alter the genetics, cell structure and DNA and more importantly the passing on to the unborn child and indeed their siblings.
I am sure that if the UN team were given more time they would find much more convincing evidence in and around Gaza. It is extremely sad to learn that your team has been given time constraints for such an important issue. As you know the situation in this region is extremely sensitive and one could only assume that if a stone remains unturned it will add more fuel to the existing problems.
We have all seen the incapacity of many organisations in attempting to avoid the onset of the attack on Gaza. The writing was on the wall some six months prior to the conflict when debates were taking place and weapons orders were being processed from the United States via Congress. We saw the shameful way the world’s governments observed the onslaught but did little about it. We saw their own brothers turn their backs in their hour of need. Finally we saw the disgraceful workings of the United Nations and the Security Council, when despite a majority vote against Israel they lacked the ability to stop the conflict in its early stages.
What we did see was the tremendous turnout around the world of the masses. We observed that people power can change events in this world and force governments to take notice or succumb to their demands.
Finally we have now seen the UN carry out their own investigation in relation to the attacks on UN facilities in such a slow painful way. We have seen the results of those enquires which proved conclusively that Israel were guilty on almost all counts. What we did not see was that despite the evidence no attempted action has been taken via the International Court of Justice in bringing those responsible to trial. What we did see was the UN accusing them of those crimes and demand compensation for the damage caused.
One could ask the question why was this not taken further and why did this very quick investigation only deal with UN breaches. It was obvious that those same incidents had been duplicated on the people of Gaza both in the indiscriminate attacks on it citizens and on their property.
This investigation in the true sense is relatively easy compared to such places as the Balkans. All the alleged violations were carried out in a very small enclave and all the evidence is concentrated in such a small area. I feel that the United Nations has a real opportunity here to show it true strength and credibility in bringing this investigation to a successful conclusion.
We already have sufficient support from many member states to ban DU weapons production and use. We see a very strong anti DU campaign talking place in Europe even to a point that some of those countries are now funding research into the DU problem. What we do not see is the same support coming from the United States and other NATO countries that are currently using such weapons. One can clearly see that war can be a very lucrative business despite the barbaric indiscriminate use of such weapons.
The US has re classified an array of such weapons as being conventional when in actual fact they have strong ties with nuclear weapons. One could even see a possible connection in DU Weaponry being added to the list of Weapons of Mass Destruction (WMD based on evidence that DU particles have been transmitted over the far reaches of the globe. We all know the tremendous pressures being applied to world government on the issues of Global Warming and that we all have to look at our own carbon footprint and may have to pay the price. However, we do not see those same nations showing concern at the contamination of the upper atmosphere as a result of the use of DU.
We can draw down on evidence in this particular case when we relate to the High Volume Air Sampler (HVAS) filter systems deployed by the Atomic Weapons Establishment (AWE) situation in Aldermaston, Berkshire UK. The monitoring of Uranium in the atmosphere has been carried out since the early 1990’s with more intense studies being carried since this time. After the “Shock and Awe” campaign in Iraq and the same activity in Afghanistan, the UK was subjected to extremely high levels of uranium causing alarm to the authorities. This is also very well documented and is not contained in my submission.
One does not have to be into rocket science to understand that this is a grave threat to the whole of mankind resulting in harm to possible many thousands if not millions of people. In this context I believe that the UN is in a very unique position whilst carrying out its investigations in Gaza to finally, not only prove that DU was used, but also to instigate action to stop the manufacturing of such weapons and to remove such weapons from military stock piles. It is also important for the UN to force Israel to reveal its own nuclear activity in such areas.
Finally we come to what can be done to ensure peace be returned to this region.
I believe that the UN should send in their own peacekeeping troops (Blue Helmets not combat troops from NATO) to take up positions on all borders (both sides) and once in place lift the entire blockade of land, sea and air. One could then create a corridor between Gaza and West Bank to unite the two enclaves and at the same time create trade. From the Israeli perspective they could build an elevated highway to take traffic over the Palestinian strip in order for them to gain access between Central/Northern Israel and Southern Israel.
On the issue of re construction one would have to be extremely careful with the assumed presence of DU contamination. As we have already pointed out such sites have to be isolated/fenced/contained and finally de contaminated by the removal of the subsoil’s and debris etc. One would have to take the weather conditions into account when carrying out this activity based on prevailing winds and carefully make sure that resident were well clear during the operation.
Under normal protocol in the Nuclear Industry, any waste generated as a by product of the industry has to be safely stored. In the case of contamination it becomes the responsibility of the instigators to remove all traces of such contamination and return it to its place of origin. It would be Israel in this case with the involvement of the United States who exports DU weaponry to Israel knowing its final usage. It is obvious to say that with the size of Israel one could not stockpile such waste unless a suitable location was found in the Negev Desert and certainly not in or near Gaza or West Bank.
Finally when the clean up has been completed a reconstruction programme can commence especially in the building of a sea/container port and urgent re construction of the badly damaged international airport. During this period urgent action must be taken via UNCLOS and the ICJ to clarify/re define the true international borders between Egypt and Gaza, Gaza and Israel, West Bank and Israel, West Bank and Jordan. The establishment of legal offshore limits and the creation of an Exclusive Economic Zone (EEZ).
On the question of all offshore oil/gas reserves both within Gaza and Israeli waters. The UNCLOS and ICJ must clarify who legally own what. In the case where a reserve is jointly owned make sure that immediate activity is halted until the results on the enquiry is known.
With all this underway the Palestinians can then be allowed (in conjunction with British Gas) to re negotiate the Joint Venture Agreement (JV) with all parties involved, including Hamas. It must be noted that these reserves belong to the country that own the coastline and that the share ratio should reflect a fair agreement which is not the current case.
It would be my recommendation for the oil/gas to then be piped directly to Gaza which would entail the construction of a large domestic gas plant and an adjacent Liquefied Natural Gas (LNG) plant to process surplus gas for export.
This will not only bring high technology to Gaza and the Palestinians but will also create many jobs. Several power stations would have to be built or modified with industrial gas turbine engines and then the natural gas can be piped to those facilities to run Palestine’s energy requirements.
The spin off from the above will allow industry, public transport, commercial transport and domestic housing to all run on gas and the lucrative export of surplus gas. Any dealings with Israel would be entirely under the control of the Palestinians in conjunction with British Gas.
The future prosperity of both Gaza and West Bank (Palestine) looks extremely bright and I can say with great confidence that Gaza in particular can become the Mini Dubai of the Eastern Mediterranean. The international community must identify the terrible conditions and way of life that has been inflicted on the people of Palestine and remove this terrible blockade without delay. Palestine must be given its rightful sovereign statehood by the United Nations as a matter of priority and the UN investigation team should bring a successful conclusion to this investigation.
I have intentionally left out all the many references to the violation carried out in both Gaza and West Bank as I know that all of this is very well documented in the archives of the United Nations.
As a footnote to this submission it is my intention to place this in the public domain once you have received it.
I look forward to your preliminary response.
Middle East Consultant
Peter Eyre – Middle East Consultant – 8/12/2012
Written by Peter Eyre
December 8, 2012 at 22:44
Posted in News
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