by Ganesh Sahathevan
My selfie with President Obama !
Mohd Najib Tun RazakVerified account@NajibRazak
The UN Security Council Resolution 2334 (2016) on Israeli settlements is reported to have been initiated by US President Barak Obama.According to CNN:
In an interview with Kate Bolduan on CNN's "Erin Burnett Outfront," David Keyes (spokesman for Israel PM Nethenyahu) declined twice to say that the White House lied by denying that it helped push the resolution, which the United States abstained from voting on.
But Keyes did say: "All I can say is we have that information and it is very clear to us. It's not in doubt and we are going to pass it through the proper channels." He added that there is solid information from the Arab world and internationally that the Obama administration helped craft and promote the resolution.
The resolution was promoted by UNSC member Malaysia, whose prime minister Najib Razak said,after the resolution was passed:
"Alhamdulillah, with the grace of God (Allah SWT), the resolution which faced uncertainty when Egypt withdrew the draft, had finally answered the prayers of the people of Palestine.
"Malaysia, together with New Zealand, Senegal and Venezuela agreed to put the text of a draft resolution to vote, calling on Israel to stop the construction of illegal settlements," said Najib in his blog posting titled 'Resolusi Menentang Penempatan Haram'(The Resolution Against Illegal Settlements).
However,Najib, members of his family, and their associates are subject of a USDOJ investigation that has already resulted in the DOJ seeking the seizure of billions in assets that are alleged to have been acquired with funds stolen from the Malaysian Government's 1MDB sovereign wealth fund. Najib is not named in the USDOJ's writs, but is instead referred to a Malaysian Official One (MO1).
The matter of that theft, and Obama's friendship with Najib was an issue in the US presidential election when Wikileaks published an email from George Soros's office which warned that the Obama administration was encouraging Najib is his theft ,and promotion of Islamism and jihadism
There can be no doubt that Obama's promotion of the Israeli settlements resolution would have required lobbying Najib, for Malaysia's UN representatives are bound by Najib's will.
The UNSC ,as does the UN, relies on its moral authority (such as it may be) as well as a theory of international law to give its resolutions standing, and legal force.While opinion on the issue of an UNSC resolution's legal force is divided,the issue does raise the question of whether an UNSC resolution may be declared invalid due to say,members acting in bad faith,or say a perception of bias. In the case of the Israeli settlements resolution Obama's dealings with a person who is subject of an action by his own government's Kleptocracy Asset Recovery Initiative raises at least the matter of a perception of bias, which is by itself grounds to invalidate a decision of a court of law. That was the dilemma faced by the UK House of Lords in Re:Pinochet, ,where the court was forced to admit that even a mere perception of bias was sufficient to taint its decision. The UN and the UNSC must surely be held to a higher standard, given their claims of moral authority.UN Security Council Resolution 2334 (2016) may in fact be invalid, and it may well be in the UNSC's best interest to have the resolution suspended pending review of the conduct of its members who promoted it.