Itamar Mann
@itamann
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Academic and lawyer, marine mammal (English content here, Hebrew on FB)
Haifa
Joined April 2009
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“Mr. Zelensky told reporters on Saturday that Jerusalem could be a site for peace talks between the leaders of Ukraine and Russia.”
Half of Jerusalem is occupied and unilaterally annexed.
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1 deeply impressed by these students who performed the Passover Seder in solidarity with the Palestinian people. Their protest is important on so many levels and one can only hope they succeed in transforming US foreign policy. And yet, their image also demonstrates how far
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1/ Alarming:
@UofT
apparently rescinded
@ValentinaAzarov
’s job offer as director of the human rights program due to pressure by a sitting judge who didn’t like her work with Palestinians and on Palestinian rights.
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To fulfill para 79 of the provisional measures decision, Yoav Gallant, Isaac Herzog, and Israel Katz, at a minimum, must resign immediately and / or face disciplinary measures and / or indictment.
Mark my word, this minimum will not be met.
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This would obviously be an unfortunate choice if part of what Zelensky would be after is stressing the illegality of the acquisition of territory by force.
Just like most embassies, it would be wiser to stay away from Jerusalem ->
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Happy and pround to share that I have been promoted to professor of law
@HaifaFacultyLaw
. Mentors and friends out there, my deepest thanks go to you. This job is nothing if not a local and transnational work of community-making.
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"We are not committing genocide but war crimes and / crimes against humanity": Israel's best defense today before the ICJ is also it worse one.
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After hearing SA's argument today i predict that the ICJ will craft a ceasefire order of some kind. My own legal opinion is that such an order will be justified.
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"accusing the Jewish state of genocide is crossing a moral threshold!"
This position seems to me very dangerous and invites continued spiralling of antisemitic conspiracy & backlash.
It scares me as a Jew
Unbelievable. Stéphane Séjourné, France's new minister of foreign affairs, essentially said that France wouldn't support the ICJ's decision if it rule against Israel because accusing them of genocide is "crossing a moral threshold" and is "exploiting the notion of genocide for
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Striking how much an ICJ hearing looks like a Jessup moot court exercise
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Demanding
#CeasefireNOW
is sometimes understood as an anti-Israeli slogan. But there are hefty Isaeli national security interests to stop this war. Below are *only* those concerns (though there are others):
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1. Been working on this talk for the last year or so, and finally it's out -- integrating thoughts about revolution / migration /
@GLAN_LAW
litigation.
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1. In late March, such strange images started to circulate. During the last six weeks,
@NiamhKTabbal
and I have been investigating the story behind them. Today
@just_security
publishes our work.
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Starting from August, my family and I will be spending a year in Berlin. Happy and grateful for the opportunity to join Humboldt University as a research fellow, hosted by Florian Jeßberger. Will be good to take a break, but would have preferred to leave during better times.
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But Perhaps I can recommend the unlikely option of Haifa. The Northern port city would symbolically bring the leaders closer to large Ukrainian and Russian diasporas.
Apart from that, Haifa would shed the meeting from unnecessary symbolism, which may Indeed be a heavy load.
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to prevent any unintended offense against the Palestinian cause.
Tel Aviv is a fun city. It’s small hotels are well suited to host classified preparatory meetings.
It would also create an auspicious atmosphere for a summit.
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Studied international law as thought it might help in liberating the Palestinian people and therefore also my own. That turned out to be wrong.
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What does it mean to "decolonize" Palestine? Various parties use the term in totally different ways:
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"We must ask whether the mass killing of one set of human beings is a proportionate means of completely protecting another set of human beings from all future threats. It is not."
@AdHaque110
channeling
@dirkmoses
on "permanent security"
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Proud to have been appointed associate Dean for research
@HaifaFacultyLaw
. We have a really exciting & excellent group of scholars; I’m seeking advice on how to be useful. If you’ve done this job or have thoughts I’ll be thankful for any tips.
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Methodology for legal scholars, summarized:
(1) Pick a topic you find interesting, curious, or enraging.
(2) Read everything you can about it, including legal materials.
(3) Write what you think about the topic now that you've read; what's wrong with what people write?
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Update: Flip Schuller,
@NiamhKTabbal
, Lisa-Marie Komp and I just filed an ECtHR complaint on behalf of A.N., an asylum seeker who was the victim of this practice near Samos on 13.5.
1. In late March, such strange images started to circulate. During the last six weeks,
@NiamhKTabbal
and I have been investigating the story behind them. Today
@just_security
publishes our work.
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1. How and why has rescue equipment been weaponized against migrants in the Aegean?
@NiamhKTabbal
and I have been trying to crack this puzzle for a while, looking at the materiality of rescue equipment.
Our concluding article is now out w/
@LJIL_Leiden
:
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1. For some years, we
@GLAN_LAW
have been chasing the tail of a beast called European border externalization: a violent creature from Brussels, often discussed but seldom seen (apart from its incarnation in the bodies of Italian/ Greek/ Spanish/ non-European border guards).
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This, by
@AdHaque110
, is spot on:
🧵of background on where the second war of independence trope comes from.
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2 is Hamas's project. 3 is the explicit project of large part of the Israeli gov. (Some jewish groups see it as decolonial). 1 has never been less popular over here. It may be a dead political project. But it is the only kind of decolonization that can also represent justice.
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The decision
@HarvLRev
made to rescind a publication offer at this late late stage is disappointing and shameful. Judging from his past work, Rabea Eghbariah is a wonderful scholar.
“the piece was solicited, commissioned, contracted, submitted, edited, fact checked, copy edited, and approved by the relevant editors. Yet it will never be published with the Harvard Law Review. [It] would have been the first from a Palestinian scholar.”
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My essay on international criminal law and
@BehrouzBoochani
's work will be coming out this year with the European Journal of International Law. Today marks 7 years since Reza Barati's death in detention, and so I've posted it:
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Literally shredding the UN Charter while blaming the audience for metaphorically doing it is truly next level
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As an international law guy, kinda relieved that constitutional lawyers have now decisively overtaken our dubious traditional role of generating defensive scholarship solely aimed to preserve the discipline.
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Next week in Frankfurt for first conference abroad after who knows how long. Opening lecture by Seyla Benhabib, then meeting in real life with missed colleagues and collaborators.
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Why has the European Court of Human Rights failed to stop acts of abandoning asylum seekers at sea on unnavigable life rafts? Why have no remedies been given since this started in March 2020?
Two answers
@ejiltalk
, following
@ABoatReport
@daria_sartori
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The attack on Gaza will displace many Palestinians, sending them on horrific journeys seeking asylum. Many will have suffered bombings against the backdrop of extreme poverty and oppression. Governments should grant them intl protection, but also help make their return possible.
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🎭Border Masquerades🎭is out at long last
@BerkeleyIntLaw
. The paper inverts Hannah Arendt's claim that citizenship functions as a mask covering our private charachteristics and allowing us to appear as equal persons publicly. Humanity is a mask.
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"I came to your seminar on human rights because I thought this would not be about politics, but about the basic needs that everyone has. I'm sightly disappointed."
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My new article Border Masquerades will be coming out late this Autumn with the Berkeley Journal of International Law, in a Special Issue dedicated to Guy Goodwin-Gill. This version is not perfectly final, still soliciting your thoughts and comments.
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My analysis of South Africa's litigation strategy at the ICJ is up on
@Verfassungsblog
.
I try to make several points and open a basic question about the nature of this procedure. The piece is titled The Missing Party.
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The Body of the Judge and the Suffering of the Collective: South Africa’s Genocide Application and the Power of Minority Opinions
New post on Israel's appointment of Aharon Barak, holocaust survivor, as ad-hoc ICJ judge
Thanks
@Verfassungsblog
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1. Gaza is an ongoing atrocity. Whether its situation formally meets the legal definition of apartheid is a technical matter. In many ways the 15-years closure is probably worse. But the closure in itself is held by most commentators as legal. This was not always a given outcome.
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Good coverage of the way in which the Gaza war has become an opportunity for displacing Palestinian communities in the West Bank.
Displacement is proceedings by the hands of violent settlers and, as shown here, by the Israeli military. All under longstanding political plans.
The entire population of the West Bank village of Zanota is moving. They say they have no choice after being harassed and threatened by Israeli settlers.
Sky's Stuart Ramsay speaks to people forced to move 👉
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Thanks to Zoom we have really been able to continue pushing forward with all aspects of our academic activity with the exception of fun
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1/3 The rush to make genocide accusations on both sides of the Hamas-Israel war seems to me indicative of the utter failure of international law in responding to war crimes and crimes against humanity (including apartheid).
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Justice David Mintz of the Israeli High Court of Justice, in a decision from today: "torture is prohibited, apart from in very exceptional cases..."
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Art of teaching = finding sweet spot between under and over prepared
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I can't get this photograph out of my mind. What a horrific nightmare.
The olives and palms in the background.
If someone knows where and by whom it was taken, or what is the box in the foreground (detail, below), please tell me.
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1. More than a month later, I decided to watch the videos collected from the atrocities of Oct 7 and posted online by the Israeli government. (Theynare now accessible to everyone).
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Human rights law emerged from a backward looking orientation to time: holocaust, absolute destruction. Those bases have lost relevance. The project will remain viable only by a forward looking orientation to the time of unfolding climate crisis.
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Our newly established
@BorderForensic
is dedicated to realizing a global vision of border justice. For updates, please follow.
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It took me a long time to admit this, but now I can say proudly: IHL is not something I enjoy.
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1/ As per Thomas Friedman, Biden has adopted a plan for a "demilitarized" Palestinian state. Post Oct-7, it will be hard or impossible to find Israeli support for anything more. Mainstream is still terrified that Palestinian military power will invite another similar attack.
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Teachers of international law: Martti Koskenniemi has a new 10-page (!) introduction to the critical school, focusing on sovereignty:
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Unaccompanied minor sues Greece for towing him out to sea, abandoning him there
Horrifying account of pushback of two minors, taken from the Samos camp, forced on a Hellenic Coast Guard vessel & finally left adrift in a life raft at sea - case filed by
@GLAN_LAW
at the European Court of Human Rights on behalf of one of the *children*
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Wish for the new Jewish year: may The Max Planck Encyclopedia of Public International Law become as open and accessible as the Stanford Encyclopedia of Philosophy.
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New essay out
@JournalGenocide
:
Everyday Evil and the Family: Watching the Zone of Interest in Israel 2024
I argue that the main contribution the film offers to our understanding of “banal evil” is in tying it to parenting and the family.
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1/ Uploaded Eichmann’s Mistake: The Problem of Thoughtlessness in International Criminal Law
I've been working on this paper for a while, and it is now thankfully forthcoming in the Canadian Journal of Law and Jurisprudence
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Discouraged as i'm back from a small demonstration for a hostage deal. Support for a deal has become a form of opposition, suggesting that chances for gov adopting it are slim. Despite oppositional protest, no word on Rafah, as the offensive intensifies. At least i met a fox.
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4/ Hard to exaggerate how dangerous this development is for academic freedom in legal clinics globally.
@UofT
urgently needs to be put on a recovery treatment. First step is to hold those who mistreated
@ValentinaAzarov
accountable. With all respect, Dean Iacobucci should resign.
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New article w/
@InternatlTheory
written for tumultous times -- back in times that now seem not as tumultuous.
I'd like to think this read is relevant and escapist in equal measure.
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Pleasure & honour to be here in Copenhagen
@MobileUCPH
with
@tgammeltoft
's crew
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Conversation with a good friend i met at Tel Aviv university nearly two decades ago: he reminds me how our education was based on thinkers who came out of WWII: Arendt, Benjamin, Levinas... and how the readings we were invited to do were all about exposing their contemporary
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This engrossing piece by
@fredericmegret
is a must-read for anyone interested in activism grounded in international law. It also generously and deeply engages with my own work, in a way that I very much hope to follow up on.
🌊🚢🐳
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(1) Releasing the hostages. According to reports, an unknown number of Israeli hostages have already died. A failure to
#BringThemHome
will have dire consequences for the cohesion of Israeli society and Israeli stability. A ceasfire and prisoner swap can prevent that risk.
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2/ But this idea is contrary to sovereign equality. From an international legal standpoint, a "demilitarized" state is not a state. (Art. 9 of the Japan constitution, outlawing war as a means to settle disputes, is often the counter-example. But it's probably a different matter).
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This will raise Qs about very real nat sec risk from Hamas. Israel can protect its Southern border (with different gov). Military/Intel action vs Hamas can be long term and discriminatory. Revenge is not a military purpose. Retribution for Oct 7 can be achieved through trials.
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Out at last
Border Violence as Crime
42(3) U. Pa. J. Int'l L 675-736 (2021)
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A few years ago,
@samuelmoyn
wrote this very critical review of an essay that later became Chapter 1 of my book. Working on related themes once again, and his devastating words stick. The review is no longer available online, so I uploaded it here:
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New paper up now -
Hangman’s Perspective: Three Genres of Critique following Eichmann
Forthcoming in The Oxford Handbook of International Criminal Law (2018)
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Conferences are important because they lead you to believe that some people care about what you do
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Our team
@GLAN_LAW
@ForensicArchi
just published a report and submitted SDG v Italy at the Human Rights Committee. We document Italy's reliance on merchant vessels for returns to Libya. Passengers of the Nivin resisted their disembarkation for ten days. One took this photo. /1
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Why is literature central to human rights thinking and action?
@LyndseyStonebri
formulates a concise and powerful answer, within the general terms of Kantian aesthetics.
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The problem with the ICJ decision in 3 words: everyone is satisfied.
The same problem in 6 words: everyone but the Palestinians is satisfied.
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Decolonization 1: Jews in Israel willingly place their security in the hands of Palestinians, as Palestinians do in the hands of Jews, so that all can live equally. Both groups belong to the land, and the land belongs to both of them.
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UN Security Council should make a Ch. 7 Resolution enforcing this provisional measure designed to ensure access to food and water.
President Salam: Without such humanitarian aid, “the right of existence” of an entire human group [...] would be jeopardized.
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Podcast: Dapo Akande, Marko Milanovic, Philippa Webb, and
@mabecker17
discuss the ICJ oral hearings in South Africa v. Israel
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Those who use the idea of our hostages as a justification to continue the war at all costs are often those who display the least amount of care whether our actual hostages live or die.
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.
@ProfCCostello
and I finished our editorial work on a Special Issue
@Ger_Law_Journal
titled Border Justice: Migration and Accountability for Human Rights Violations. Was hard to keep track of developments (not all of which fall into the more visible crisis narrative). We tried.
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3/3 As far as i can see, war crimes and crimes against humanity are probably still the more accurate categories.
This is not to absolve anyone from responsibility. It's a mistake to think that genocide is always more heinous than crimes against humanity.
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Joe Biden: "without Israel, Jews wouldn’t be safe anywhere."
James Baldwin:
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My take on the possible ICC investigation of the Situation in Palestine
Thanks
@edokonrad
@aj_iraqi
for inviting this piece, and superb editorial work
@972mag
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Teachers of international law: if you don't want to ignore what's going on in the world, this new piece by James Crawford seems like a good addition to the syllabus ("The Current Political Discourse Concerning International Law - 22 pages)
@ModernLRev
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Tendayi is a pathbreaking scholar who has contributed, perhaps more than anyone else, to the understanding of borders as a racial justice issue.
E. Tendayi Achiume is a legal scholar and 2023 MacArthur Fellow. Tendayi is envisioning more ethical and just ways of approaching the movement of people across national borders.
#MacFellow
Explore her work and all the 2023 Fellows on our website!
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1/3 When the cease fire kicks in many IHL questions will continue to be asked, but the most important one will remain about the legality of permanent blockade and whether it constitutes collective punishment.
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4 would have been interesting to have such a pluralist tradition to draw on over here. We surely have something to learn from these students.
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1/5 My sense is that a large majority of western audiences now denouncing Israeli "genocide" have been rather uninterested in Palestinians until just a fortnight ago.
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I have absolutely no problem with an ICC arrest warrant against Netanyahu save from the fact the Court lacks jurisdiction for his crimes of gross negligence in protecting the security of Israeli citizes.
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(2) "The day after": all signs are that ending Hamas rule will lead to an Israeli boots-on-the-ground occupation. A *bad* solution for Israeli nat sec. Soldiers will be exposed to terrible risk. Isr experience in S. Lebanon and US experience in Iraq/Afghanistan are instructive.
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1/ Coauthored with the fantastic
@juliapermoser
and newly published -
Floating sanctuaries: The ethics of search and rescue at sea 🛥
Where we try to open up some of the difficult dilemmas facing search and rescue activists in the Mediterranean.
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