Tag Archives: VIC-20

That one place

There is a place where everyone is the same, where it does not matter what your convictions are, what your gender is or how you swing your love life. That is the one thing I always believed, I remain faithful to the notion that games and gaming is the one place where it does not matter what you are, who you are and how you are, as long as you are fine that is. I grew up with games, I reviewed and tested games for well over a decade and played them for additional decades beyond that. I was already a gamer when the term did not even exist.

I always believed that games had, in those days two distinct powers. One was to entertain the person playing; the other was to lower the threshold of using computers, I ended up being correct on both counts. I started my gaming life in 1982, almost 36 years ago. I started with a Commodore VIC-20, after that a Commodore 64 and after that I was off to the races. So, the VIC-20, CBM-64, Atari 2600, CD-32, Atari ST, Amiga 500, PC, MAC, Nintendo-64, Sega Megadrive, Sega Dreamcast, PlayStation 1, 2, 3, and 4, Xbox, Xbox360 and Xbox One. I had them all and played them all. I saw games evolve from blocks; I played Pong and many arcade games. I always hoped that the women would not keep on considering it ‘an act too nerdy’ and behold, in the beginning of the second millennia I saw more and more women taking up gaming to some extent. I always thought that gaming was a true equaliser and to some extent it became one, so I was a little upset to see ‘eSports analyst receives death threats after thanking men on women’s day‘ (at https://www.theguardian.com/sport/2018/mar/09/soembie-soe-gschwind-penski-overwatch-league), there she is on the article smiling and announcing the Blizzard event, looking like an overwatch player. Soe Gschwind-Penski was not the pesky Peski adversarial player that was up against people, she was hosting the event as the excellent eSports commentator she is regarded to be. So, the lady born in the land of Cheese and Chocolate gave the tweet: “It’s #InternationalWomensDay I’d like to give a special shoutout to all the men in our lives who have supported us, gave us a voice when we had none, fought for our cause and treated us the way we all ought to treat each other…like a fellow human being – no race, no gender.” as @Soembie she gave us all a nice tweet, all positive in every direction giving a voice to an international day. So for the utter life of me, I cannot comprehend the fact that people hand out responses that lead to: ““Ive gotten death threats and hundreds of hate messages the past 20 minutes because I thanked men for treating me as their equal, on a day which is all about womens struggle for equality,” Gschwind-Penski posted. “Hate, because I am grateful for the men in our lives who fight alongside us for our rights.”“, from my point of view that could not have been done by anyone who is an actual real gamer. I see it as actions from people pretending to be ‘gamers’; pretending to know anything at all. Like those people claiming that they finished ‘Dead Space in Impossible mode in two hours‘, or something as ridiculous like that. They tend to use cheats and god mode codes or alterations so that they can run through a game not getting hurt by anything, they are not and never will be players. I never had any regard or respect for them. So am I a great gamer? Nope! I am a good gamer and I like to enjoy games, so I will never run through an RPG. What is the purpose of running through Skyrim, or Fallout 4 and missing on the magnificent views the game offers? I even admire the fact that Fallout 4 can be played as a pacifist. I never did that, but the fact that it is there is just awesome, it makes for a gamer to be an actual gamer (cause for a golden Achievement; Hint, hint). I am not one for multiple shooting games. I used to like it, but Unreal Tournament spoiled that for me. All people hopping like kangaroos through the game, it was just too weird for me. Still, there is plenty of awesomeness in going down the throat of Diablo 3 with three other players. A game I loved since the very first Diablo and my team of 7 hardcore mode level 70 characters are decent evidence of that.

So in that setting the entire abuse of Soe Gschwind-Penski makes no sense at all. Even when we see: “The two-year-old OWL did make headlines last month when South Korean teenager Kim Se-yeon signed with the Shanghai Dragons to become the league’s first female player. But high-profile eSports competitions remain a male-dominated space: Gschwind-Penski is the only female member of OWL’s full-time commentary team.

You see, for the most finding female gamers, serious gamers are still a rare thing. So even as there might be a case in regards to the fact that ‘Gschwind-Penski is the only female member of OWL’s full-time commentary team‘, we must equally realise that for the longest time, even today that a high estimate from my speculative view is that the women in gaming are set to a mere 10% at best (I apologise if I am wrong). So we are happy that people like Soe Gschwind-Penski, Aoife Wilson (@AoifeLockhart) from Eurogamer, Stephanie Claire Bendixsen (aka Hex), and Anita Sarkeesian. The list is way too short and we can point fingers at the reasons, but in the end I am not certain if there is an actual real culprit. If there is one than I might blame the makers of these review sites and channels as the culprit for not hiring more women, or is that actually the non-capability of finding more women?

You see, I started gaming in the age when nearly all women remained in enthusiastic denial of games for well over a decade. I know that because in those days woman in gaming was extremely rare. Roberta Williams was one of the very few. Jane Jensen would not appear until a decade later and the writing she did on EcoQuest and Police Quest 3 put her on the map (both excellent games). Yet the last two were two of a very small group of game designers, not game critics or reviewers (or hosts). Yet, I still believe that women are as welcome in the gaming industry and the gaming world as much as anyone else. Anyone who does not agree with that view is of course allowed to disagree, but he is not an actual gamer plain and simple!

You see, it truly does not matter what you are or who you are in gaming. It is merely the setting that you can hold your own in that virtual team, once you do you are in it for life! There are several women that I have met who can hold their own in Mass Effect 3 multiplayer on platinum level. That is all it requires and even as the settings change per game, they are all about being able to hold your own and strengthen the multiplayer (MP) team. So in all this I have absolutely no clue why anyone would give death threats to any female gamer and I feel certain that this was not dome by any real gamer, at best a wannabe, and optionally merely a game hater and we have no real use for each of these two groups.

It is my view that it needs to be dealt with. It is in that regard that I remember an article (and found it) which was from 2014. The Guardian gave us (at https://www.theguardian.com/culture/australia-culture-blog/2014/nov/28/alanah-pearce-tells-on-her-internet-trolls-to-their-mothers) , so when we read the tweet “Sometimes young boys on Facebook send me rape threats, so I’ve started telling their mothers“, most actual gamers would be laughing out loud and when we read the results “more than 11,000 users had retweeted her comment, and more than 20,000 had favourited it, eight hours after Pearce made her original post” game reviewer Alanah Pearce struck gold! Actually, in my view it does not really matter how young or old the person is, when it comes to the threats that Soe Gschwind-Penski was exposed to, it should be standard practise to tell on them to their mommy’s. For them to be exposed as the utter disappointment they show themselves to be to others might not be a bad thing. The wannabe’s will stop pretending to be gamers and hide in a corner, the rest will get a quick moral adjustment they desperately needed.

In my view gaming is for all and everyone. It does not matter what your gender, religion orientation or conviction is. The world of gaming is about the gaming world you enter, whether that is in the depths of a cathedral in Diablo, the house in Overwatch, the landing site on Mass Effect 3, or the power chamber in Unreal Tournament. You only have to hold your own. If you cannot do that, choose a lower level and get there, or get better. It is the one part that every player can do and that is why gaming will remain a world of inclusion, it is the only place where your inclusion only relies on you doing your part which is awesome in nearly everyone’s view. And the nicest part is that if you are not ready today, you can practice, get better and return, gender was never an issue.

Yet, there is still a long way to go, not because of gamers or gender, the fact that the President of the United States is still a few cans short of a six pack and that evidence is shown in light of “Donald Trump will host executives from the video game industry at the White House on Thursday, resurrecting a debate over the link between violent video games and gun-related deaths in the aftermath of the Parkland high school shooting“, so how long until women (and some men) will turn away from Overwatch out of fear for being seen as an aspiring psychopath?

Do you think I am kidding?

The foundation of all this is values and inherent choices. The choice an abuser makes is seen in two settings. Psychology Today gives us the 5 types of abuse:

– Emotional (killing pet, playing mind games)
– Verbal (calling names)
– Technological (GPS system /Face book sabotage)
– Sexual (forcing sex while sleep or based on the bible)
– Physical (killing, punching, choking)

The issue is seen in the first two, emotional, and then verbal after that we get the physical one. Yet in gaming this is all in a virtual setting and the gamer knows this. So they know that the person they fight with is a virtual person, and in games like Half-Life counter-strike we know that the opposing person is a virtual one too. The issue is that every psychopath might be a gamer to some extent, but that person will not be able to tell the virtual world and the real world apart. They merely want to hurt people, to actually abuse them, a gamer never does. It was that same article that gave me something that I did not know. Did you know that an actual abuser ‘Holds very rigid gender roles‘? So basically these threatening people might be actual abusers and reporting them becomes a duty for every gamer, not merely every women threatened. This person, usually a male regards himself as ‘King of the Castle’, it is her duty to cater (and service) him. As I am not like that, I had no idea, but that becomes a worry and Trump is not making it easier. If anything he is currently catering to abusers and psychopaths. This could be a comforting notion if the entire issue was not that worrying, but it actually is.

Then we get the worrying part, worrying because it is a dangerous step. As we see ‘Treatment for this population‘, we get to see “Group Therapy is important because it allows the batterer to be confronted by his peers on his behavior. I’ve facilitated groups with 16 men in the room at times it would become very confrontational but it was important for the men to be held accountable for their behavior by other men and group facilitators so this might translate into “making them a group of inclusion, allow and accept them in our midst and calling them openly out on every transgression they make“. I for one am happy to shun abusers and never letting them in our midst, but I recognise that I would make matters worse, in my defence, I feel more compelled to protect my fellow gamer, whether he is a man or a woman, because quality gamers are rare and I feel that their protection is more important than curing a non-gamer in the gaming world. This is merely my personal view.

In the end I would call to my fellow gamers to call out those who attack gamers like Soe Gschwind-Penski because our population of true gamers is not that large when we compare 2-3 million on a total of 8 billion. I would love for that number to double the next few years, so as we grow we will hopefully see more women join our ranks.

In opposition

There is however a part I need to mention. I never agreed with it, but it is a view we must not ignore. In 2013 (at https://www.newstatesman.com/if-you-love-games-you-are-not-a-gamer), in the New Statesman there was a piece. In its origin the New Statesman is a British political and cultural magazine published in London. Founded as a weekly review of politics and literature on 12 April 1913, so a magazine from before WW1, gave us “The idea of the ‘gaming community’ needs to die“, it is one view. You see, as gamers we segregate ourselves, I am happy to do just that because I am proud to be a gamer, I always have been. One quote applies to the origin of the gamers (in the 80’s). With: “gamers are depicted as the contemporary nerd group, a mildly downtrodden crowd, shunned by the jocks and achievers. Gamers are the losers who spend their days in darkened bedrooms furiously tapping on controllers or keyboards in a solitary pursuit that sits close to masturbation in the mind“, in the old days that was certainly true as the image presented of gamers as others saw them. Yet is that true now? Now the gaming industry is a $100+ billion a year. Now we see that people group and identify with the worlds of Skyrim, post-apocalyptic USA and as other groups are formed around successful games like GTA5, Far Cry, League of Legends and Overwatch that image is not only no longer true, it is in opposition of all those developers called by the need of $$$ (and their developing powers). So when we see “Within the next century ‘gamers’ will be a term that encompasses every gay and transgender person, every girl and woman, every politician in the cabinet, everyone with a title in the House of Lords, every teacher, nurse, banker, social worker, dustman and paedophile“, which is an unsettling truth. It is unsettling because even as we all want our fellow gamers to be merely gamers regardless of gender, we cannot (and perhaps should not) see what they are in real life. So it is not impossible that the serial killer hides in GTA5 multiplayer, killing whatever he/she can until the call for real blood is needed. So my view is in opposition of President Trump, he is stating that every rectangle is a square, whilst I identify that every square is a rectangle, as well as proving him wrong at the same time. It is not the same but there is a foundation and a foundation where a person can hide in anonymity. I belief it is a good thing, but it could be abused by those who have in ‘the core of the matter’ no business being there. In that part the Statesman does not make the case but the call for the cancellation of any community is not overtly evil. It is a non-invalid view, especially when we see “the urge to form groups with like-minded people is a universal one. But when that collective power is turned against those on the margins of the group“, so even as we are gamers, and we unite and think alike, but when that makes us a target, is the call valid to endanger some of us? I believe that when we unite we are more than ready for those attacking us, even if we merely start protecting our fellow gamers by calling the mommy and daddy of their attackers, no matter what age they have.

In the end I hope that people like Soe Gschwind-Penski realise that every real gamer is happy that she is around and that we have no qualms about her presence, even if she, in addition, defeats us in the most humiliating way. It merely ups the ante for us to get better, and that is in the core of multiplayer gaming, a drive to improve, a fellow gamer that makes any of us a better gamer, how great is such a life?

Live it to find out!

 

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Persecuting the prosecutors

Sometimes things get to me. We all have those moments, we all consider the things that touch us in different ways. For me, I have been a gamer since the beginning of gaming. This world started for me in 1983 with the Vic-20 and was followed up with the CBM-64 a year later. I never stopped gaming, so when I got hit with the article ‘I couldn’t save my child from being killed by an online predator‘ (at http://www.theguardian.com/lifeandstyle/2016/jan/23/breck-bednar-murder-online-grooming-gaming-lorin-lafave), I kind of lost it. This gaming world is a world I share, virtually and in reality. I talk to my co-workers on the new games, the challenges some games give and how we feel about some games. A few friends are all about GTA, some share my passion for Fallout, Diablo 3 and Minecraft. Whilst some games we all play by ourselves, because we cannot be into every game that is a mere reality. We hunt down the mutants, kill them with our rifles (all by ourselves), and when we get that legendary monster we get to talk about it the next day. This is a world of fun, joy and challenges. We do not ignore the real life, we interact with others too, which is not always about games. So, I was slightly dismayed when Olivia Wilde chose Jason Sudeikis over me (it must have been the beard). Life goes on, so as you see, we have our dreams, our fun, our joy, our fantasies and we go out of our way to get as much joy into our lives without bringing harm. That is as I see it a way of life that the bulk of us gamers have.

Some are a lot more competitive and even relenting on gaming as they kill virtually to be the best, some of them have a too vivid drive to be winners and dissing the losers or at times being the wannabe’s that strike out to winners. In that world we have all kinds, but actual harm, those cases are rare to say the least. So as I read the article, a form of anger flushed over me. This is for the mere reason that, for a large part of my life, I have been driven by logic and common sense (apart from that Olivia Wilde moment). From what I have read, there are several things wrong here. Not towards one person, but towards a few, including the victim himself.

This is the first quote that actually came after the second one “He claimed to be a 17-year-old computer engineer running a multimillion pound company. Sometimes he was in New York, working for the US government. Other times, he was in Dubai, or off to Syria” and “the ringmaster, whose server they played on. While the other members were known to Breck or his friends, Lewis Daynes was not someone they knew in real life“.

These two quotes should have been a red flag to all parties. We cannot blame a 14 year old, but this should have been the red flag to upset the parents. You see, I will never be a multi-millionaire (actually if Larry Page listens to an option I came up with, I could be). What is the issue is that gaming comes at a price, for the most the really wealthy ones work too much to get time to be on gaming servers. In addition, his location should have been all over the place, any Cyber squad could have seen that, it would have been a real orange flag to the victim that not all was on the up and up, the first thread on the loom of disaster would have been dismantled.

The quote “Lewis says I don’t need to finish school as he can get me a Microsoft apprenticeship when I turn 16” is the second flag. It should have been the alert on several levels. The man was either some ‘multi-millionaire‘ working for Microsoft, or again this was a ruse. The additional “I should be allowed to game as long as I want“, should have alerted parents and police. You see, in common Law even at 16 Breck Bednar would have remained a minor. So, why is a stranger deciding on what someone else’s child does?

The final quote on that topic is “I’d be telling Breck to get offline and he’d literally have Dayne’s voice in his earphones telling him not to listen. I could see Breck’s face, torn between me and his cool mentor who had the whole world going for him”, which now gets us a stranger involving themselves in the life of a minor.

The police as well as the cyber groups should have been all over this, in addition, did anyone contact the FBI here (even though after the facts it seemed an irrelevant act)? You see, the events not yet known could have been averted before zero hour, as Lewis Daynes was from Grays, Essex. This could have diffused a lot of issues. His stories out in the open, for Breck Bednar and all his friends to know what kind of a person Lewis Daynes was before he could strike. Now we can blame the police, and I am doing that partially. Yet in all this, we must also expect that there is a limit to the resources the police has, limitations in time and hardware. Not all is a given.

But there is an issue when we go solely from the article we see in the guardian. You see the quote “I told the call handler what I’d heard, what I feared. She obviously didn’t understand online grooming” has more than one side.

The known elements here are that Breck Bednar was a minor and that there was a clear indication that Breck Bednar was unlikely to be the only minor. We have the following parts, when we look from the other side: ‘Cyberstalking is the use of the Internet or other electronic means to stalk an individual. It may include monitoring, identity theft, threats, or gathering information that may be used to threaten or harass‘, I edited the non-relevant parts out of here. So we see that Lewis Daynes was monitoring, we have identity theft, we can make that case as he assumed to be a person, moreover an industrial who did not exist. This could be seen as a danger to the life and wellbeing of minors.

The elements here are now another matter. You see, in the eyes of the court there is no established guilt, or even crime at this point, yet exposing the elements would have diminished the threat Lewis Daynes was and would most certainly have protected at least one child, leaving us with the reality that Breck Bednar could have been alive today. In this we might consider that the police is to be blamed to some extent, but in equal measure, they did look for the elements, the issue here is the fact that does also count. When we see the quote “Daynes later pleaded guilty to murder with sexual and sadistic motivation“, we are confronted with a combination that is really rare, and with the elements as found, or better stated those that were missing, mainly that the police didn’t find a single image or text about bodies or sex. Certain flags were never raised, but as stated, from what we can see, enough flags should have been raised to take this serious, to give clear indication to Lewis Daynes that he was under open investigation, perhaps enough for him to back off. Enough to diffuse the situation.

Here is my part that is now also an issue. This took me mere minutes, which also beckons on what more precisely happened. You see the police is not lacking or stupid, I would go even further that the involved people might be burdened with guilt. So why is it so clear to me? Well, first of all, to see this in the article is simple, a mere exercise of logic. The true elements over time are a lot less clear, but in all this, the main elements were gamers, gaming platforms and servers, they have time lines and logs. Any level of logs missing would have been another red flag, any other interactions would create even more red flags. So why were these elements missed? Where did the police system fail? In my view there was a clear failure here. Police 101 had failed in a few ways, but it is uncertain whether the failure should allow any level of blame. You see, there is an element that is in the article, but cannot clearly be weighted. it is  “Now 18, he was unemployed, living alone in an Essex flat where he bought server space and used it to game with teenage boys“, we are looking at a 2012 system, so what kind of server space? Did he have his own server? Or did he lease hardware? Unemployed and cash for that? If it was a solitary server, we see another element, because it would not be in an enterprise environment, showing even more flags, if it was a personal server, the cyber division had a place to look at, who had Lewis Daynes been interacting with? Even more parents would have been alerted, other gamers would have been informed that he was a jobless no one, and not the 7 figure income person dangling IT jobs from Syria, New York or Dubai.

All elements, all flags and more issues. All out in the open could have prevented the fatal consequence to Breck Bednar, but that is me talking after the events. As stated, this one article is not a proper setting for it. Yet the BBC article gave a few more issues to consider. The fact “Five other counts against Daynes, including the rape of another boy, were not pursued as there was not a realistic prospect of a conviction, the prosecution said“, so perhaps the fact that the element of rape might have been an additional flag that there was a real risk of danger to Breck Bednar. Yet, the BBC is unclear as per when those criminal elements would have been known. Yet there is additional evidence. If there had been a clear investigation the evidence “encrypted electronic equipment” as stated by the BBC could have given additional issues, because they might have been there validly in an organisational situation, in the case of an unemployed 18 year old, such elements could give rise to flags of a criminal aspect, a criminal aspect that had children in the mix.

Even though there have been investigations and even though a misconduct notice was brought, it took almost no time to find enough flags to raise concerns on several levels. This gives concerns to what else is getting missed. Not because I am so bright (I am that), or that the police is that stupid (they really are not), but the need for an evolving infrastructure. If you think that issues are missed now, what do you think will happen when the transition to IPv6 really gets underway? With handheld and mobile devices all stronger than the average data server in 2007, what was reserved to data servers and corporations, is already in the hands of individuals, most of them having no clue what they are holding onto and what these systems are capable of. How can any police force sustain its workload if it is not reshaped into an evolving infrastructure that is able to adjust to other criminal elements? This level of evolution is currently not happening, moreover, it is not happening in many nations. Which is a worry when we consider the case of Lewis Daynes, you see, in this age of economy, the danger of extreme behaviour in a time when people have no jobs, no outlooks and no prospects, these souls are more likely to become extreme, that is a given, yet the extent to it happening is not known, it cannot be predicted and it requires for a better level of investigation. If we are to lower the dangers that kids like Breck Bednar face, we have no other choice but to evolve and change the way we investigate these issues. There has been a clear call for a long time that legislation requires adaption to all kinds of cyber-crimes and cyber based crimes. This for the mere reason that the jump to IPv6 allows a jump from the 4.3 billion addresses that IPv4 gave, to the amount that every person on the planet would have a unique address for every device it owns. More important, IPv6 will allow for every person on the planet to have 1,000 devices, each with their own address and even after that less than 0.1% of all available IPv6 addresses would have been used. We are pushed into an evolution because IP addresses are no longer available. Our devices, each 1,000 times more powerful than the computer that got Apollo 11 to the moon, the computers required to monitor the satellites is now no more than an app and nearly every mobile phone from the previous generation would be able to run it. We moved technology that far ahead. We are now moving to the situation where we see that almost 4 Exabyte a day is transmitted. All that data, once we are in IPv6, all that data can be identified per person and the amount of data will increase almost exponentially. When we get there, how impossible will it become to find extreme elements like Lewis Daynes? That is just the extremes, we haven’t even considered what organised crime could be up to. A situation that brings more questions than answers. Some answers are being sought by Lorin LaFave and I wonder if enough parties are asking the right questions, because some questions come with the element of costs, and they will grow, yet the costs will already be high to begin with. A dimension many politicians are not ready for because the coffers are empty and budgets constraints will limit the steps that need to be made, many are aware of it and nearly no one are voicing those elements.

There is a reality to that, but the reality we need to address is the nightmare Lorin LaFave is forced to face and she is not the only mother who should be worried.

 

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Tactical choices of inactivity

I reckon that many are awaiting the events as they are unfolding currently in Syria. Will we be investing in Boeing Defence stock, should these missiles be used? (At $1.2M a pop that would mean a nice increase of revenue for Boeing). Will we change our investments in oil and gas as the Syrian situation continues?

These are the questions that matter. The hundreds of deaths because of a chemical attack do not seem to matter.

Are you wondering why I have that opinion?

Then read the BBC quote in regards to these attacks. “The United Nations Security Council said it was necessary to clarify what happened in the alleged attack, but stopped short of demanding an investigation by a UN team currently in Damascus, following an emergency meeting on Wednesday evening.” This was published on August 21st.  So there was a chemical attack and the UNSC did NOT demand the immediate investigation in regards to chemical attack deaths. The worse matter was that the bulk of the casualties were all civilians.

But where is the case of what matters?

If we look at the UNSC charter we see the following “The UN Charter established six main organs of the United Nations, including the Security Council. It gives primary responsibility for maintaining international peace and security to the Security Council, which may meet whenever peace is threatened.

So clinically we see that they are not an issue. Peace was not an issue in Syria at all. It stopped existing well over two years earlier. The UNSC is set in a charter. They are called the “Provisional rules of procedure of the Security Council” (at http://www.un.org/en/sc/inc/pages/pdf/rules.pdf). They actually do not help that much, only to illustrate certain steps. Yet, this is about the procedures of the UNSC, this will not help at all. So where is their decision making tree? For that we need to take a look at the charter of the United Nations. I took a specific look at Chapter VII: Action with Respect to Threats to the Peace, Breaches of the Peace and Acts of Aggression.

The premeditated crux is set in Article 45 which states: “In order to enable the United Nations to take urgent military measures, Members shall hold immediately available national air-force contingents for combined international enforcement action. The strength and degree of readiness of these contingents and plans for their combined action shall be determined within the limits laid down in the special agreement or agreements referred to in Article 43, by the Security Council with the assistance of the Military Staff Committee.

So we need to look at Article 43, which actually does not help us that much. That part is about making available troops “in order to contribute to the maintenance of international peace and security“. I think we can agree that that part is at least two years late, and nothing here gives us a pass to start anything AFTER chemical attacks.

 

Yet we see in that same chapter that Article 51 (partially shown) states: “Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations” This is all very nice, but Syria is not a member state, which makes this all a little moot. In addition, this is a civil (local) war, so other member states are not in question.

So let’s take a look at ‘Customary International Humanitarian Law Volume I: Rules‘ (at http://www.icrc.org/eng/assets/files/other/customary-international-humanitarian-law-i-icrc-eng.pdf).

Rule 11 states “Rule 11. Indiscriminate attacks are prohibited.” Ah! Now we are getting somewhere. Even the rules of war have some level of distinction, yet for the most; this is all based on the previous Article 51, as is quoted “The prohibition of indiscriminate attacks is set forth in Article 51(4) of Additional Protocol I.” Darn! I am caught in some sort of looped program. It reminds me of my very first program I wrote on the Commodore VIC-20 in 1983.

10 PRINT “You are crazy!”
20 GOTO 10
RUN

Ah! The simple old days, how I miss them at times.

The same book lists an interesting part on page 38. “several States invoked the prohibition of indiscriminate attacks in their assessment of whether an attack with nuclear weapons would violate international humanitarian law.9 When the ICRC appealed to the parties to the conflict in the Middle East in October 1973, i.e., before the adoption of Additional Protocol I, to respect the prohibition of indiscriminate attacks, the States concerned (Egypt, Iraq, Israel and Syria) replied favourably.10

9 See. e.g., the pleadings of Australia (ibid., § 65), India (ibid., § 77), Mexico (ibid., § 85), New Zealand (ibid., § 86) and United States (ibid., § 99).
10 See ICRC, The International Committee’s Action in the Middle East (ibid., § 139).

Yes, I agree that a chemical attack is not a nuclear attack, yet when I was taught the elements of NBC (in army days long ago), we tended to count the Nuclear and the Chemical similar to some extent. The Biological element is one that might be considered to be one worse than that as it can continue its damage and even transcend borders.

So we can now add a look at additional protocol I, especially as Syria was one of the parties who replied favourably. As such, we could see Syria as a party that accepted these rules (to some extent).

You see, these parts underline the part as set in Rule 13 (from the IHL), which states “Rule 13. Attacks by bombardment by any method or means which treats as a single military objective a number of clearly separated and distinct military objectives located in a city, town, village or other area containing a similar concentration of civilians or civilian objects are prohibited.

This my dear readers includes ANY level of chemical attack, as that form of attack that is utterly indiscriminate as well as encompassing the area as one military objective.

Taking into account these elements, why did at that point did the UNSC, as stated by the BBC in the first mentioned article “but stopped short of demanding“. The stopped short in these elements were utterly unwarranted, in my humble opinion.

Now we all watch a political runaway train disaster where politicians stop short of acting in the United Kingdom, the Netherlands, Germany and France await ‘evidence’ which they can deal on. The one cowboy state (the United States) would be at present the only hope the Syrian population has for now. Are these nations correct in holding of? Well, they do have a case there. However, the evidence as UN investigators were delayed, the possible evidence on how the chemical spread started. If we take the elements we have, then we need to consider the firing mechanism. That part had been made near impossible with 5 days of bombings. Yet, in all honesty, did Assad do this? The question is important for two reasons.

1. If he did not do this, was it an intentional act?
2. What other intelligence has Assad silenced?

The two are related, because the earlier fear the US had is now truly coming to fruition. If these missiles were inadvertently fired by the opposition forces, the theory I have is that as they lack military expertise, they might have known and partially learned how to fire a SCUD, but did they know about the payload? Let us not forget that many fighters are anything but military trained. Even those who had training, it is possible that they had too limited knowledge on how to work and identify these types of equipment.

The danger is that they might have found chemical payloads, so here is the danger. Al-Qaeda is currently helping the opposition forces. We now have a trained AQ with support from people lacking knowledge, and they gave AQ access to a chemical storage area. Here is where it becomes dicey! Assad knows the assets lost, he is playing high stakes poker by keeping these locations a secret. For him it is a win-win. If the opposition figures it out they have a time-bomb they cannot use. AQ will use it no matter what and preferably on Israel. Whichever of those steps happened (when they do), the world would have no option but to remove his enemy for him.

Proving that Assad did the actual firing is almost non-provable. The evidence is scattered and at best we can see that NBC components were used, but by whom is less of an option which will leave doubt.

Time is on the side of Assad and elements stopping activities to attack, whether justified or not will only strengthen Assad’s position. I can side with the politicians when they claim that they do not want another Iraq, yet when we look at the initial quote from the BBC “but stopped short of demanding an investigation by a UN team” we must more actively wonder what it would take for them to get anything done. It should be seen as tactical inactivity of the very worst kind!

 

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