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Title: Obama Launches Naked Aggression on Syria
Source: by author
URL Source: [None]
Published: Sep 23, 2014
Author: Stephen Lendman
Post Date: 2014-09-23 06:46:56 by Stephen Lendman
Keywords: None
Views: 248
Comments: 11

Obama Launches Naked Aggression on Syria

by Stephen Lendman

It's no surprise. His intentions were clear for weeks. Naked aggression is longstanding US policy.

In his September 10 address, he said Washington was prepared to "conduct a systematic campaign of airstrikes (against Islamic State terrorists) wherever they are."

"That means I will not hesitate to take action against ISIL in Syria as well as Iraq."

Last week, Defense Secretary Chuck Hagel said US Central Command has a plan to take "targeted actions against ISIS safe havens in Syria."

Obama added another high crime against peace to his rap sheet. It overflows.

Attacking a country posing no threat to America constitutes a grave breach of international, constitutional and US statute laws.

US-led airstrikes began at around 8:30 PM local time. Pentagon press secretary Rear Admiral John Kirby confirmed them, saying:

"US military and partner nation forces…undert(ook) military action against (Islamic State) terrorists in Syria using a mix of fighter, bomber and Tomahawk Land Attack Missiles."

"Given that these operations are ongoing, we are not in a position to provide additional details at this time," he added.

"The decision to conduct theses strikes was made (Monday) by the US Central Command commander under authorization granted him by the commander in chief."

"We will provide more details later as operationally appropriate," he said.

Reuters reported a US official, "speaking on condition of anonymity, said that Saudi Arabia, the United Arab Emirates, Jordan and Bahrain were all involved, although their exact roles in the military action were unclear.

Qatar played a supporting role in the air strikes, the official said.

Another unnamed US official said at least one US warship launched surface-to-surface Tomahawk cruise missiles.

Targets struck include Raqqa and surrounding areas. It's 250 miles northeast of Damascus. Reuters called it Islamic State (IS) headquarters.

Reports said about about 20 locations were attacked. Washington used Tomahawk cruise missiles, B-1 bombers, F-16 and F-18 warplanes, as well as MQ-1 Predator and MQ-9 Reaper drones.

The US aircraft carrier George HW Bush is involved. So is the USS Arleigh Burke guided missile destroyer. It has Tomahawk Land Attack Missiles (TLAM) capability.

Ahead of UN General Assembly meetings, John Kerry was in New York. He was enlisting support for US aggression.

An unnamed senior administration said Washington plans "expand(ed) efforts to defeat" IS. He provided no further details.

On August 26, Syrian Foreign Minister Walid al-Moallem said his government "is prepared to cooperate and coordinate on the regional and international levels to combat terrorism as per Security Council resolution no. 2170 within the framework of respecting Syria's sovereignty and independence."

Washington rejects cooperating or coordinating air strikes on Syrian territory with Damascus. Syria calls launching them without its consent naked aggression.

On Tuesday, Vladimir Putin said bombing Syrian territory shouldn't be conducted without Damascus' consent. Washington operates extrajudicially. All its wars are illegal.

On August 15, 2014, SC Resolution 2170 was unanimously adopted. It "condemn(s) gross, widespread abuse of human rights by extremist groups in Iraq (and) Syria."

It "called on Member States to take national measures to prevent fighters from traveling from their soil to join (terrorist) groups…"

"It expressed readiness to consider putting on the sanctions list those who facilitated the recruitment and travel of foreign fighters."

It left unexplained Washington's direct responsibility. That rogue NATO partners, Israel, Saudi Arabia, other Gulf states and Jordan share it.

Al-Moallem correctly called "any violation of Syrian sovereignty (by) any party (an act) of aggression."

At the same time, he welcomed all countries willing to fight terrorism in Syria cooperatively with his  government.

Weeks earlier, Russian Foreign Minister Sergey Lavrov said Moscow supports Syrian and Iraqi efforts against Islamic State terrorists.

He was clear and unequivocal stresssing "each military effort cannot be granted without the consent of the country concerned."

"We will be fully prepared to work together and coordinate efforts with the countries which came under direct terrorist threats, and here I particularly mean Iraq and Syria, which we will be helping to consolidate their capabilities against armed terrorism," he said.

"We will stand firmly for all anti-terrorism operations to be conducted in agreement with the country concerned and in full respect to its sovereignty."

On Sunday, a Russian Foreign Ministry statement said it's "necessary to strictly observe the United Nations Charter and norms of international law to respect Syria's sovereignty in (conducting) plans of the US-formed coalition, including a force operation."

In mid-September, Russian Foreign Ministry spokesman Alexander Lukashevich said Syrian authorities "made several public remarks in support of the unanimously adopted UN Security Council resolution 2170 on fighting terrorist groups in Syria and Iraq."

They back coordinated anti-terrorist regional efforts. They oppose US unilateral or coalition of willing partners' actions alone.

Luiashivich called it "necessary to fight (IS) evil in compliance with UN Security Council resolutions, respecting the sovereignty and territorial integrity of Syria and Iraq."

On September 23, a Syrian Arab News Agency (SANA) statement said:

"Foreign and Expatriates Ministry: The United States informed Syria’s permanent envoy to the UN before launching airstrikes against ISIS terrorist(s) in Raqqa."

No further details were provided.

Russian Duma Council member Sergey Gavrilov said Moscow opposes air strikes on Syrian territory without coordinating them with Damascus.

He called US-led bombing "a dangerous game." Arab populations know who their friends and foes are, he added.

He warned about unfolding events in Iraq and Syria. He said they pose grave threats to both countries and regionally.

A previous article explained the following:

IS is the pretext for US-led attacks. Syria is the target. Regime change is the objective.

IS is a US creation. Washington bears full responsibility. Britain, Israel, Saudi Arabia, Qatar, Pakistan and rogue NATO partners share it.

Turkey, Jordan, and other Gulf states march in lockstep with US imperial policy. America's regional goals include controlling its oil.

Destabilizing Iraq’s US-installed puppet regime. Balkanizing Iraq into the Kurdish north, Baghdad center, and Basra south.

Ousting Assad. Replacing him with convenient US-friendly stooge governance.

Eliminating a key Israeli rival. Isolating Iran.

Replacing its government with one Washington controls, and redrawing the Middle East map for greater US dominance.

Doing so serves Western monied interests. Plundering nations for profit is longstanding US policy. Stealing their resources. Exploiting their people. Eliminating nonbelievers.

US wars have nothing to do with humanitarian concerns. Or responsibility to protect.

Or external threats. Or internal ones. Or spreading democratic values. Or wanting peace and stability.

They have everything to do with destabilizing and destroying nations to control them. To advancing America's imperium. To do so based on Big Lies.

To eliminate all challengers. To let war profiteers gorge at the public trough.

US-led attacks came ahead of an expected Wednesday Security Council vote.

In emails exchanged with this writer, Francis Boyle said he expects it to be adopted. It's a Chapter VII resolution. It "arguably establishes the predicate for (using) force," said Boyle.

It should have been a UN Charter Chapter VI resolution. It rules out using force.

Security Council resolutions "are binding under either Chapter VI or VII according to an International Court of Justice (ICJ) Namibia Advisory opinion," Boyle explained.

"So obviously, Obama wants to set the predicate here for using force against ISIS in Syria…"

Doing so will "ultimately lead to (ousting) the Assad government, the crack up of Syria, and genocide against the Alawites and the Christians," Boyle added.

Obama's puppet Iraq government "could be the basis for this resolution." It could use UN Charter Article 51's collective self-defense right as alleged justification.

Boyle calls it "the bogus doctrine of hot pursuit." The scheme involves bombing Syrian targets.

Allegedly it's "to prevent (IS) cross-border movement(s) from Syria into Iraq and back."

"Under international law there is no doctrine of hot pursuit on land…" It's lawful "only at sea."

Obama's scheme is clear. He's "trying to create a right of hot pursuit across land borders where it did not previously exist…"

"(A)t least (he'll) interpret it that way…(T)o justify bombing ISIS in Syria…Allegedly at the request of (its puppet) Iraq(i)" government.

Nothing rules out this scenario, said Boyle. He believes this resolution was "drafted for precisely that purpose."

It's Obama's pseudo-legal fig-leaf. He intends for Syria what he did to Libya.

He wants Assad eliminated like Gaddafi and Saddam. Most likely murder in cold blood is planned.

Boyle expects resolution adoption on Wednesday. He believes Russia and China "signed on to it."

He said "massive bombing" will begin after the Security Council acts. Obama didn't wait.

On Tuesday, attacks began straightaway. It bears repeating. Conducting them constitutes premeditated naked aggression.

All US wars are extrajudicial. Attacking a nonthreatening country is the highest of high crimes.

It's a Nuremberg level crime. The Tribunal's Chief Justice Robert Jackson called Nazi war crimes "the supreme international crime against peace."

His November 21, 1945 opening remarks said:

"The wrongs which we seek to condemn and punish have been so calculated, so malignant, and so devastating, that civilization cannot tolerate their being ignored, because it cannot survive their being repeated."

He called aggressive war "the greatest menace of our times."

International law defines crimes against peace as "planning, preparation, initiation, or waging of wars of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing."

This definition applies to all US post-WW II direct and proxy wars. They raged worldwide. They continue doing so. No end of conflicts loom.

They killed tens of millions in East and Central Asia, throughout Africa, the Middle East, Europe, as well as Central and South America.

They're wars without mercy. They exceeded the worst of Nazi and imperial Japanese high crimes.

They included willfully slaughtering civilians, genocide against entire populations, occupations, colonization, plunder, exploitation, and officially authorized torture and other forms of ill-treatment.

WW II criminals were hanged for their crimes. America remains unaccountable.

Its war criminals are considered hostis humani generis - enemies of mankind.

War crimes violate jus gentium - the law of nations. Inviolable international laws explain them.

They're clear and unequivocal. They explain under what circumstances one nation may attack another.

UN Charter Article 2(3) and Article 33(1) require peaceful settlement of international disputes. Article 2(4) prohibits force or its threatened use.

Article 51 allows the "right of individual or collective self-defense if an armed attack occurs against a Member...until the Security Council has taken measures to maintain international peace and security."

Justifiable self-defense is permissible. Charter Articles 2(3), 2(4), and 33 absolutely prohibit unilateral threats or use of force not:

• specifically allowed under Article 51;

• authorized by the Security Council; or

• permitted by the US Constitution's Article I, Section 8.

It grants Congress alone power to declare war, "raise and support armies," appropriate money for their use, and regulate "land and naval forces…to execute the laws of the union, suppress insurrections and repel invasions."

Congress has no authority to declare war on nonthreatening nations. Or presidents.

It bears repeating. Doing so constitutes naked aggression. It's longstanding US policy.

Geneva's Common Article 1 obligates all High Contracting Parties to "respect and ensure respect for" inviolable international laws.

To enforce their principles universally. To "search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts."

Nuremberg Tribunal Principles mandated holding "(a)ny person who commits an act which constitutes a crime under international law…responsible therefor and liable to punishment."

"Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit (them) can the provisions of international law be enforced."

The Rome Statute's Article 25 of the International Criminal Court (ICC) says "person(s) who (commit) crime(s) within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute."

Commanders, their superiors, and top government officials to the highest level are culpable it they "either knew of…should have known (about) forces…committing or about to commit (high) crimes, (and) failed to take all necessary and reasonable measures (to) prevent…their commission or to submit the matter to the competent authorities for investigations and prosecutions."

Past and current US government and military officials remain unaccountable.

The highest of high crimes against peace go unpunished. Obama added more to his rap sheet.

He violated international, constitutional and US statute laws. The US 1996 War Crimes Act calls them "grave breaches."

They include "willful killing, torture or inhumane treatment (causing) great suffering or serious injury to body or health."

Washington's ongoing wars are Nuremberg-level crimes. They're among history's greatest.

Obama is a world-class thug. He's a war criminal multiple times over.

Holding him accountable is a national imperative. He belongs in prison, not high office.

Justice remains denied!

Stephen Lendman lives in Chicago. He can be reached at lendmanstephen@sbcglobal.net.

His new book as editor and contributor is titled "Flashpoint in Ukraine: US Drive for Hegemony Risks WW III."

http://www.claritypress.com/LendmanIII.html

Visit his blog site at sjlendman.blogspot.com.

Listen to cutting-edge discussions with distinguished guests on the Progressive Radio News Hour on the Progressive Radio Network.

It airs three times weekly: live on Sundays at 1PM Central time plus two prerecorded archived programs.

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Begin Trace Mode for Comment # 3.

#3. To: Stephen Lendman (#0) (Edited)

US-led attacks came ahead of an expected Wednesday Security Council vote.

In emails exchanged with this writer, Francis Boyle said he expects it to be adopted. It's a Chapter VII resolution. It "arguably establishes the predicate for (using) force," said Boyle.

It should have been a UN Charter Chapter VI resolution. It rules out using force.

Security Council resolutions "are binding under either Chapter VI or VII according to an International Court of Justice (ICJ) Namibia Advisory opinion," Boyle explained.

"So obviously, Obama wants to set the predicate here for using force against ISIS in Syria…"

Doing so will "ultimately lead to (ousting) the Assad government, the crack up of Syria, and genocide against the Alawites and the Christians," Boyle added.

Obama's puppet Iraq government "could be the basis for this resolution." It could use UN Charter Article 51's collective self-defense right as alleged justification.

Boyle calls it "the bogus doctrine of hot pursuit." The scheme involves bombing Syrian targets.

Allegedly it's "to prevent (IS) cross-border movement(s) from Syria into Iraq and back."

"Under international law there is no doctrine of hot pursuit on land…" It's lawful "only at sea."

Obama's scheme is clear. He's "trying to create a right of hot pursuit across land borders where it did not previously exist…"

"(A)t least (he'll) interpret it that way…(T)o justify bombing ISIS in Syria… Allegedly at the request of (its puppet) Iraq(i)" government.

Nothing rules out this scenario, said Boyle. He believes this resolution was "drafted for precisely that purpose."

It's Obama's pseudo-legal fig-leaf. He intends for Syria what he did to Libya.

He wants Assad eliminated like Gaddafi and Saddam. Most likely murder in cold blood is planned.

Boyle expects resolution adoption on Wednesday. He believes Russia and China "signed on to it."

He said "massive bombing" will begin after the Security Council acts. Obama didn't wait.

On Tuesday, attacks began straightaway. It bears repeating. Conducting them constitutes premeditated naked aggression.

All US wars are extrajudicial. Attacking a nonthreatening country is the highest of high crimes.

It's a Nuremberg level crime.

This is Google's cache of http://www.cfr.org/iraq/can-states-invoke-hot-pursuit-hunt-rebels/p13440. It is a snapshot of the page as it appeared on Sep 18, 2014 01:13:38 GMT.

Can States Invoke ‘Hot Pursuit’ to Hunt Rebels? - Council on Foreign Relations article

Author: Lionel Beehner
Updated: June 7, 2007
This publication is now archived.

Introduction

Most of the foreign-born insurgents in Iraq enter the country through the Syrian border, U.S. officials estimate. They have warned Syria to stop the flow of these suicide bombers but no avail. Secretary of State Condoleezza Rice pressed her Syrian counterpart on this issue recently at an Iraqi security conference in Egypt. But some military experts have called on the U.S. military to raise the ante with Damascus by conducting cross-border raids by Special Forces or targeted air attacks to hunt down jihadis on Syrian soil. They argue that such a strike would be justified under international law and cite a principle known as "hot pursuit." Turkish officials have invoked this doctrine to justify recent cross-border incursions into northern Iraq to pursue Kurdish rebels. But some international legal scholars dispute whether the doctrine could be applied in this case and refute the notion that either U.S. or Turkish forces could justify cross-border incursions, however limited in scope.

What is the principle of 'hot pursuit'?

The doctrine generally pertains to the law of the seas and the ability of one state's navy to pursue a foreign ship that has violated laws and regulations in its territorial waters (twelve nautical miles from shore), even if the ship flees to the high seas. "It means you are literally and temporally in pursuit and following the tail of a fugitive," says Michael P. Scharf of the Case Western School of Law. "[A state] is allowed to temporarily violate borders to make an apprehension under those circumstances."

The principle is enshrined in Article 111 of the 1982 UN Convention on the Law of the Sea and in Article 23 of the 1958 Convention on the High Seas. The United States has signed but not ratified the former treaty, but signed and ratified the latter.

What are some historical examples of 'hot pursuit'?

History is replete with examples of foreign agents or armies crossing another state's sovereign borders in pursuit of those suspected of committing crimes against another state. One famous example is the pursuit of Pancho Villa by U.S. forces into Mexico in 1916. The manhunt was in response to a cross-border raid of New Mexico by Pancho's "Villistas," though the pursuit failed and Villa escaped. Another example was the 1960 seizure of Adolf Eichmann by Israeli agents in Argentina. Eichmann was a former high-ranking Nazi official wanted for war crimes. His capture was widely considered a violation of international law and Argentine sovereignty. Neither of the above cases involved ships on the high seas, nor did either of the states invoke the principle of "hot pursuit" to justify their cross-border activities.

How can this principle be applied to Iraq?

Under international legal norms on state responsibility, and UN Security Council Resolution 1373, passed shortly after the events of 9/11, state sovereignty implies a duty to control one's territory. That is, a government has an obligation not to allow its territory to be used by non-state actors—or terrorist organizations—to carry out armed attacks against its neighbors. In this case, the U.S. government must prove the Syrian government has failed to prevent these foreign actors from crossing into Iraq and carrying out attacks against U.S. troops. In response, U.S. Special Forces could then "pursue" these foreign jihadis, even if they flee back into Syrian territory. CFR Senior Fellow Max Boot writes in the Weekly Standard that to date the Bush administration has refused to authorize Special Operations forces to hit terrorist safe houses in Syria "even though international law recognizes the right of 'hot pursuit' and holds states liable for letting their territory be used to stage attacks on neighbors."

What are some legal challenges to this argument?

Legal experts agree that the principle of "hot pursuit," as it pertains to sovereign territories versus the high seas, remains unsettled. "Let's say [U.S. forces] were to wait for a bunch of terrorists to cross into Iraq and launch an attack and then chase them over the [Syrian] border, no one will ever complain about that," says Scharf. "But to invade another country without an actual pursuit on is going to stretch the idea of international law."

Peter Danchin of the University of Maryland School of Law says if states want to prosecute someone for war crimes or crimes against humanity, usually they need to have them extradited. "This idea of 'hot pursuit' is just an attempt to twist the law of the sea doctrine into a self-defense idea. What you're talking about is the use of force against the territory of another state," which brings up touchy issues of state sovereignty. "Let's say [the jihadis] go into Turkey?" he asks. "You'd have a hard time making the case that the 101st Airborne should go in and take them out without Turkish consent." Further complicating the problem, Danchin argues, is that the United States is not the sovereign in Iraq. "It has fewer rights as an occupier than it does as a sovereign," he says, referring to the legal use of force. David M. Crane, an expert on international law at Syracuse University, says if these foreign jihadis are apprehended on Syrian soil, they should be tried under Syrian domestic law. Any armed incursion by U.S. forces into Syria, he adds, would " be a serious breach of international law and technically an act of war."

Under what other legal circumstances could U.S. forces enter Syria?

The United States could argue, as Israel has done to justify strikes against Hezbollah installations in southern Lebanon, that a limited strike against bases used by foreign jihadis in Syria would be justified under the principle of anticipatory self-defense [My note: aka "pre-emptive" strike], which some legal scholars say is upheld by Article 51 of the UN Charter. Other experts point to the 1837 Caroline case, in which British and Canadian rebels crossed into U.S. territory and set the steamer Caroline ablaze, killing two Americans in the process. The Americans argued that the British claim of self-defense—the ship was suspected of ferrying arms to anti-British rebels— failed to "show a necessity of self-defense [that was] instant, overwhelming, leaving no choice of means, and no moment for deliberation," a line of argument often cited by legal authorities to justify anticipatory self-defense. In the case of Syria, the U.S. government could invoke UN Security Council Resolution 1373, which says that states have the responsibility to prevent the misuse of their territory by non-state actors like al-Qaeda.

What are Syria’s responsibilities under international law?

Syria must prevent its territory from being used as a safe haven for terrorists and patrol its border to prevent attackers from entering Iraq. Under UN Security Resolution 1373, states are obligated to "deny safe haven to those who finance, plan, support, or commit terrorist acts, or provide safe havens" and "prevent those who finance, plan, facilitate or commit terrorist acts from using their respective territories for those purposes against other states or their citizens." Failure to comply could prompt UN sanctions against Syria. But Damascus is not directly responsible for the actions of these foreign jihadis unless it can be proven to exercise "effective control" over them, a high threshold to meet under international law.

In Nicaragua v. United States (1984), the International Court of Justice (ICJ) found the United States, which supplied funds to the Contras in the early 1980s as part of a strategy to unseat the Sandinista government, did not "in itself amount to a use of force," nor did the Court find the Nicaraguan government liable for its failure to halt weapons that flowed into insurgents' hands in El Salvador. Later the ICJ found the Serbian authorities did not have effective control over Bosnian Serbs, who stood accused of genocide and other war crimes. Citing such examples, legal experts say the U.S. government would be hard-pressed to prove Syria—unlike, say, the Taliban government in Afghanistan— can be held responsible for attacks carried out by non-state actors operating from its territory. "It's not a strong case for the U.S.," says Scharf of Case Western School of Law.

Do states generally observe international legal norms of 'hot pursuit'?

No, particularly as it relates to territory versus the high seas. "If you're talking about international rules on territorial sovereignty, the arguments on 'hot pursuit' are going to be much weaker than in the high seas case because you're not infringing on the sovereignty of any other state [in the latter case] ," says Danchin.

To be sure, states routinely violate other states' sovereignty to pursue those wanted for various crimes, instead of following international legal norms and extradition processes. For example, in recent years Russian forces regularly sought Chechen rebels believed to be hiding across the border in Georgia, and in the months after the 1994 Rwandan genocide, the Tutsi-led army pursued Hutu militia suspected in the genocide across the border into Congo. In 2002, the United States sent an unmanned Predator drone into Yemen and struck a car, killing five suspected terrorists, including an al-Qaeda leader wanted in the 2000 U.S.S. Cole bombing. In more recent months, the Turkish authorities have flirted with an invasion of Iraqi Kurdistan, which is part of sovereign Iraq, in pursuit of Kurdish guerillas who launch cross-border attacks into Turkey.

Edited to correct link path and spacing.

GreyLmist  posted on  2014-09-24   0:14:32 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 3.

#4. To: GreyLmist (#3)

Bump. No one is safe anywhere.

Well there is Snowden, in Moscow via red china.

Rotara  posted on  2014-09-24 00:31:34 ET  Reply   Untrace   Trace   Private Reply  


#7. To: All (#3) (Edited)

A Cuckoo Strategy on China - Economic and Political Weekly, excerpts

In a vintage warship, the crow’s nest is the topmost spot on the ship’s mast from where a “lookout” scans the seas for incoming danger. In a modern warship this vantage point has been replaced by the radar. However, for students of strategy, the story of the cuckoo surreptitiously laying eggs in the crows’ nest continues to be relevant. The wise crow is lured out of [its] nest into a chase when provoked by the continuously jarring sounds produced by the male cuckoo. While the crow is busy in hot pursuit, the female cuckoo quietly moves into the crow’s nest, throws out some of the crow’s eggs, thereby making place to lay her eggs. Unknowingly, the crow warms all the eggs and nurtures the babies when the eggs hatch.

The crow is a perfect example of a strategic sucker. In the secular world too, there are nations who are suckered to provide their military manpower to fight someone else’s war.

[...]

“Military power is generally considered to be the ‘ultima ratio’ of power because it is perceived as a decisive arbiter of disputes when it is used and shapes outcomes among states even when it is not”’ (Beckley 2012: 57). However, more than the military, it is the strength of the treasury that determines majority of the international outcomes. Viewing strategy purely as a military option or use of force is a skewed approach. Strategy must extend beyond the narrow confines of use of force to include options that suggest ways and means to avoid getting sucked into wars. Middle powers that get suckered into wars designed to sustain empires and anarchy in the international order only increase their debt and dependency.

Edited for formatting.

GreyLmist  posted on  2014-09-24 02:42:43 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 3.

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