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NORMAN FINKELSTEIN’S GAZA’S GRAVEDIGGERS IS A TOUR DE FORCE [2]
BY ALFRED DE ZAYAS - OCTOBER 6, 2026
Oct 6
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https://covertactionmagazine.com/2026/10/06/norman-finkelsteins-gazas-gravediggers-is-a-tour-de-force/
[8]
[9]
_[Source: orbooks.com [10]]_
There are facts without consequences, books without follow-up. What
shall we make of this monumental piece of research and logic that speaks
to our conscience and should move us all to action? The very essence of
civilized existence, of the values of the Universal Declaration of Human
Rights, of the purposes and principles of the United Nations are at
stake.
The genocide in Gaza is not just another monstrous Holocaust, it is a
public spectacle.[1] [11] The failure of the United Nations to stop it
and the inaction of most Americans and Europeans makes us all complicit
in the crime, because _qui tacet consentire videtur_. If we are only
_voyeurs_ of this ongoing massacre, we bear at the very least moral
responsibility.
Over the past 30 years Norman Finkelstein has given us many brilliant
books, including _Method and Madness, I Accuse, Knowing Too Much,_
_Gaza_, _Beyond Chutzpah,_ and _The Holocaust Industry._
This 400-plus page book documents the civilizational collapse of the
ruling classes in the West, the betrayal of all humanistic values, the
all-too-public Israeli rejection of international law and morals with
the complicity _inter alia _of the U.S., UK, France, Germany and the
European Union.
This is all accompanied by the cacophony of the Orwellian mainstream
media, which disseminate fake news, fake history and fake law,
especially with respect to the Palestinians as a people, who are wrongly
depicted as "terrorists," while they possess the right, recognized in
international law, to resist colonization and occupation.[2] [12]
Nelson Mandela too was once called a "terrorist," but he was crucial in
the struggle to liberate his people. Today everyone acknowledges that
the end of Apartheid in South Africa was overdue. When will we see the
end of Apartheid in Israel and the Occupied Territories? This is what
Jimmy Carter demanded in his book _Palestine: Peace Not Apartheid_.[3]
[13]
Western politicians and the mainstream media have reversed the roles,
and blamed the victim for its misery. Israel is the terrorist that
practices State terrorism and booby-traps pagers, as Israeli Prime
Minister Benjamin Netanyahu obscenely showed during his rant at the UN
General Assembly on September 24, 2026.[4] [14]
It is Israel that was born out of terrorism[5] [15] against Brits and
Palestinians, that has been an aggressor State since its inception, in a
very real sense a _failed state_, because it has not learned how to live
in peace with its neighbors.
Israel has attacked Lebanon, Syria, Iraq, Iran, Egypt, etc. In an
infamous false-flag operation it even attacked the United States Navy
intelligence ship USS _Liberty[6] [16]_ in June 1967, killing 34 U.S.
sailors, in a failed attempt to bring the U.S. into Israel's war of
aggression.
Israel has been a rogue state since its creation in 1948--and even
before.
The Gaza genocide is only a continuation of the criminal intent to
establish an anachronistic, imperialistic "Greater Israel" in the midst
of the Arab and Muslim world.
[17]
_[Source: cartooningforpeace.org [18]]_
Undoubtedly, the governments of Israel and the U.S. and the EU are
morally bankrupt.[7] [19]
Alas, the _perception_ of reality is more decisive than reality itself.
Because our actions are conditioned on the information at our disposal,
our judgment is influenced--and subverted--by the odious narratives we
receive from the mainstream media and our opinions are distorted by the
relentless hate speech and propaganda against the Palestinians. This
constitutes incitement to hatred and violence, in contravention of
Article 20 of the International Covenant on Civil and Political
Rights.[8] [20]
The mainstream media disseminate the Israeli narrative and suppress
dissenting narratives. We are not only lied to, we are deprived of
crucial information that significantly changes the picture.
The public is manipulated, but many let themselves be manipulated. As
Julius Caesar wrote in _De Bello Civili (II, 27, 2) --quae volumus, ea
credimus libenter_--we believe what we want to believe. Or worse, as the
Romans used to say, _mundus vult decipi_--the world wants to be lied to.
It is precisely because we have been led to believe that the Israelis
are the "good guys" and the Palestinians are the terrorists that we have
failed to act in a timely fashion against the outrages committed against
the Palestinians, the Lebanese, the Syrians, the Iranians--and not only
by Netanyahu, but by every Israeli government since 1948.
The mainstream media have not only influenced, they have manufactured,
our qualified consent[9] [21] for the ongoing genocide against the
Palestinians.
[22]
_[Source: newyorkwarcrimes.com [23]]_
Finkelstein's newest book is intended as a "wake up call," in the hope
that a new consciousness in the young people of many countries will lead
to vigorous pushback against the ongoing genocide, will lead to
accountability before domestic and international tribunals.
Finkelstein shocks us into a realization of the magnitude of the crimes
and the inescapable responsibility of our leaders, who have provided and
continue to provide military, political, economic, diplomatic and
propagandistic support to a genocidal state.
Finkelstein demonstrates the failure of the United Nations to act, the
corruption of some UN officials who have gone along with the Israeli
narrative and concocted excuses for the gravest crimes.
He documents the unprofessionalism of "Special Advisers" to the
Secretary-General, "independent commissions," and many politicized
judges at the International Court of Justice and the International
Criminal Court.
[24]
_[Source: lemonde.fr [25]]_
THE BOOK’S STRUCTURE
Lesser historians, politicized academics and journalists are wont to
apply a deductive approach to history-writing, starting from the desired
conclusion and working backwards to find justifications.
Finkelstein relies on inductive reasoning, taking the reader by the hand
and walking him/her past the root causes of the Palestine-Israeli
conflict, the dialectics of racism and Apartheid.
He collects and evaluates incontrovertible facts that necessarily lead
to well-founded conclusions: that Israel has committed and is committing
genocide, that many countries are complicit in the crimes, that the
media have misled the public, and that the United Nations has failed not
only the Palestinians but it has failed the world.
The reader will have no difficulty following Finkelstein's logic,
buttressed by facts and unyielding arguments.
He advances step by step from a comprehensive prologue, followed by a
necessary debunking of "rape fantasies" associated with the Israeli
narrative of what happened on October 7, 2023,[10] [26] a dialectic
between "Laws of War or Logic of Genocide," the insightful analysis
"Free Agent or Foreign Agent?" and the manipulation of public opinion
through "Rewriting the Present," a disturbing Epilogue about the meaning
of it all, and a final, heart-wrenching, Postscript.
In the Appendix he adds a comprehensive analysis of the failure of the
International Criminal Court to conduct an investigation into the
Israeli crimes associated with the repeated illegal hijacking in
international waters of the humanitarian Flotillas bringing crucial
medicines and food to the beleaguered population of Gaza.
As a professor of international law for more than 30 years, I can
confirm that Israel's actions entailed the crime of piracy as well as
multiple violations of the United Nations Convention on the Law of the
Sea, and the unlawful use of force in contravention of Article 2(4) of
the UN Charter. It is hard to swallow that the then-Chief Prosecutor at
the ICC, Fatou Bensouda, refused three times to start an investigation
of the killings that occurred during the boarding of the flotilla,
entailing breaches of Articles 7 and 8 of the Statute of Rome. Was she
blackmailed by Israel? She and other UN officials have many skeletons in
their closets.
[27]
_Fatou Bensouda [Source: icc-cpi.int [28]]_
Throughout the book Finkelstein ably uses tables in which he contrasts
the law with its interpretation, contrasts the factual findings by
commissions with their sometimes incomprehensible assessments, contrasts
the reports with their misuse by the courts, and contrasts Israeli
narratives with the language used, e.g., by Judge Julia Sebutinde[11]
[29] (p. 103) at the ICJ and Chief Prosecutor Fatou Bensouda[12] [30] at
the ICC.
Sometimes the tables consist of three columns, e.g., contrasting the
sources cited by Judge Sebutinde with those presented by Israel and
South Africa (p. 109), contrasting South Africa's request with Israel's
response and Judge Sebutinde's comments (p. 119), and contrasting the
measures indicated by the court with Judge Barak's response and Judge
Sebutinde's observations (122).
He also brings tables that summarize the core findings of judgments and
advisory opinions (p. 169). This method is extremely revealing of the
level of dysfunction at the ICC and ICJ. One can safely conclude: _quod
erat demonstrandum_.
Finkelstein's analysis of the various reports of special commissions,
the pertinent Advisory Opinions of the International Court of Justice
and the arguments presented by South Africa in the pending _South Africa
v._ _Israel_ case are invaluable to understand what is going on in the
court, and why the ICJ is dragging its feet and not issuing an
expeditious judgment determining that Israel has committed and is
committing genocide.
One should remember that the Genocide Convention of 1948 was primarily
intended to _prevent_ genocide. Notwithstanding the enormous
documentation on the genocide and the public statements of numerous
Israeli officials and military, the ICJ continues to delay. There is no
doubt that the criteria of articles 1-3 of the Genocide Convention have
been met. And yet, the ICJ lets the genocide proceed.
Finkelstein also reminds us that, 15 years ago, South African Judge
Richard Goldstone (himself Jewish and a Zionist) issued a report
concerning Israel's Operation Cast Lead (2008-9) and concluded that
Israel's actions constituted war crimes and crimes against humanity.
As so often in the past, judges who express inconvenient views are
mobbed. This we know from anti-Mafia judges in Italy, some of whom have
been killed.
Goldstone, too, was threatened and, on April 1, 2011, he dropped a
bombshell, recanting the report in a _Washington Post_ op-ed. He did not
consult his colleagues in the UN fact-finding commission, but chose an
op-ed to try unilaterally to distance himself from the Commission's
well-founded conclusions. Finkelstein correctly concludes that Goldstone
"disgraced his calling and himself" (p. 295).
[31]
_Judge Richard Goldstone [Source: theguardian.com [32]]_
Finkelstein's observation in the postscript entitled _"Requiem: A
Declaration of War Against Gaza. United Nations Security Council
Resolution 2803 (2025_)"[13] [33] on page 299 ff may shock some readers.
As a 50-year veteran of working in the United Nations in various
capacities--as senior lawyer, Secretary of the Human Rights Committee,
Chief of the Petitions Department, consultant, independent expert,
rapporteur, president of non-governmental organizations with UN
consultative status--I fully understand Finkelstein's conclusion,
although I would have phrased it less sharply, because I still cling to
my inveterate optimism and the undying hope that the UN can be reformed
and that, one day, it will fulfill its principles and purposes laid down
in the UN Charter.
[34]
Alfred de Zayas (left) and Norman Finkelstein (right) in New York.
[Source: Photo courtesy of Alfred de Zayas]
On page 308, Finkelstein notes: "Resolution 2803 directly implicated the
Security Council itself in the ongoing genocide. It also condemned the
tormented and tortured people of Gaza, or those not killed off, to
eternal martyrdom…The silently raised hands ratifying the resolution
sounded its death knell. Going forward, the cause of Justice will have
to be reconstituted on a new foundation. It must be said without
recoiling--for it is the Truth--but also being cognizant of the gravity
of the verdict that: After 17 November 2025, the UN is rotting corpse"
(p. 308).
Tough words. Indeed, the Security Council, by welcoming President Donald
Trump's absurd "Board of Peace" for Gaza, turned its back on hundreds of
resolutions of the Security Council (including Resolution 242 of
November 22, 1967),[14] [35] General Assembly, ECOSOC, Commission on
Human Rights, Human Rights Council, and numerous judgments of the
International Court of Justice, including three advisory opinions on
Israeli-Palestinian issues.
[36]
_[Source: newyorker.com [37]]_
It is inconceivable how such a resolution was proposed and adopted. The
question remains why China and Russia did not veto this abomination. The
resolution is clearly incompatible with the UN Charter and should be
considered _ab initio_ null and void, because it betrays the purposes
and principles of the UN Charter and pretends to "outsource" and
delegate the peace process to President Trump, a function that is the
exclusive domain of the Security Council. Is the UN deliberately
committing hara kiri?
Any member State of the United Nations can request the International
Court of Justice to issue an advisory opinion on the unlawfulness of
Resolution 2803. Alas, as of the writing of this review, no State has
shown the courage to do so. Yet, on November 19, 2025, the Human Rights
Council Special Rapporteur on Palestine, Professor Francesca
Albanese,[15] [38] issued a blistering media statement rejecting the
resolution as _contra legem_ and stating: "This is an existential
moment…The international community must not allow Gaza's future--or the
future of the Palestinian people to be decided without their agency and
consent. Only an approach rooted in justice, legality, and
self-determination can lead to genuine peace."
[39]
_Francesca Albanese [Source: thenation.com [40]]_
In his Epilogue, Finkelstein tells us: "This book was written to expose
lies and restore Truth. It will not save lives. The genocide in Gaza is
too far gone. Is the book then pointless? For the dead, yes. But for the
living, no. The demand sounded in the book's Prologue stands: not just
the perpetrators in Israel but also their accomplices in high
places--blood-soaked, all--must be accountable" (p. 297).
GENERAL OBSERVATIONS
Again and again, I had to agree with Finkelstein's description of the
chronic malaise at the UN Secretariat, at the General Assembly, Security
Council and other UN bodies. From my own experience in the UN, I can
confirm that "it is impossible to ignore that politics always interpose
in UN investigations. The closer a faction stands to Power, the further
it stands from Truth, while the further a faction stands from Power, the
more independent it is and the closer it can stand to Truth." (p. 89)
The _ultra vires_ abuse of power by the UN Secretariat is always
disturbing, sometimes shocking. As UN Independent Expert I can confirm
attempts by the Secretariat to doctor my reports, to banalize them, to
dictate what I should write. I rejected all of these attempts and wrote
about some of them in my book _The Human Rights Industry_.
Yes, the UN has been weaponized by the West. Sooner or later the Global
Majority will ensure that the UN is finally decolonized. In a dozen or
so cases ideologues in the UN Secretariat refused to issue some of my
press releases,[16] [41] which I then published in my blog with an
indication that the UN Secretariat had censored them.
Alas, the situation is this bad. As Juvenal wrote in his Sixth Satire,
_quis custodiet Ipsos custodes?_ Who will guard over the guardians?
(verses 347-48). What do we do when the institutions created to defend
our rights actually betray us?
Often Finkelstein has to remind us of pertinent articles of the Statute
of International Court of Justice. Article 19 stipulates: "Every member
of the Court shall, before taking up his duties, make a solemn
declaration in open court that he will exercise his powers impartially
and conscientiously" (p. 97).
This is necessary in the light of the unprofessional behavior of some
ICJ judges, including Thomas Buergenthal, Georg Nolte, Julia Sebutinde
and Joan Donoghue. The intellectual dishonesty of the German judge and
the logical acrobatics he pursues in his separate opinions and
declarations constitute a disservice to the Court, regardless how
stylistically elegant they are.
To say that _Gravediggers_ is a _tour de force_ is an understatement.
The facts are riveting, the methodology thorough, the sources
impeccable, the analysis merciless, the arguments compelling.
Frequently, I had to put the book aside, because the facts are too
upsetting, the moral implications too disturbing. A sense of profound
indignation came over me, a sense of frustration at the hypocrisy of our
leaders, a conviction that we must win the information war.
[42]
_One victim of Israeli crimes. [Source: pchrgaza.org [43]]_
Even when we do not want to acknowledge it, the normalization of
genocide[17] [44] is ongoing, even if it is dystopian. We must reject
the whitewash of the worst possible crimes imaginable by politicians,
journalists and academics. Their behavior entails an egregious betrayal
of our values, of the U.S. Constitution, of the Universal Declaration of
Human Rights.
We are witnessing an open and public revolt by Israel, the U.S., EU, and
other countries against the United Nations Charter, against
international law and morality, against the International Covenant on
Civil and Political Rights, against the European Convention on Human
Rights--in short, against civilization.
This book is vital, intelligent, pregnant with wider implications. It is
impossible for any single reviewer to do justice to it. The information
is so vast, the tables so complete, the sources so overwhelming, and the
hundreds of footnotes so comprehensive that it is necessary to annotate
the book and come back to it.
With regard to style, Finkelstein's language is at the same time crystal
clear and erudite. He does not hesitate to add Latin and French words
and phrases where appropriate, when they hit the nail on the head. He
embellishes the book by including reproductions of famous works of art
by Goya (_The Disasters of War_, p. 129), Picasso (_Guernica_, p. 140),
Malak Mattar (_No Words, Only Scenes of Ruin_, p. 151) and others. These
additions are not without merit. They optically emphasize the text.
[45]
_Goya, "Plate 44" of The Disasters of War. [Source: bbc.com [46]]_
He also brings photos of the _dramatis personae_ in this tragedy, those
who have betrayed professional ethics and hindered justice, including
Pramila Patten, Sheryl Sandberg, Julia Sebutinde, Joan Donoghue and
Fatou Bensouda.
This reviewer was tempted to incorporate some 20 quotes from
Finkelstein's distressing analysis of corruption in high places, of
careerism and blackmail. That would have significantly lengthened this
review.
Bottom line: This is an indispensable book for all judges of the ICC and
ICJ. It should be read by politicians in the U.S., Canada, UK and EU
countries, especially by those who are complicit in the genocide. It
should be read by all who still have a heart that beats for human
dignity.
Someday there must be an accounting.
The Palestinian victims are entitled to compensation and reparations. We
recall that Israel became a State member of the UN more or less as
recognition following the Holocaust. Palestine has at least an equal
claim to UN membership. But, unlike Israel, I am convinced that
Palestine will adhere to the purposes and principles of the UN Charter
and not wage war against its neighbors.
Finkelstein is the son of Holocaust survivors. His father had been in
Auschwitz, his mother in Lublin/Majdanek. He knows what he is talking
about. It is urgent and just that the Palestinians have their own State
after the Gaza genocide, that they finally enjoy the realization of the
right to self-determination.
-------------------------
*
https://covertactionmagazine.com/2026/01/21/what-did-germans-know-about-the-holocaust-what-do-we-know-about-the-gaza-genocide/
[47] ↑ [48]
*
See Article 7 of the Declaration on Aggression, General Assembly
Resolution 3314.
*
Jimmy Carter, _Palestine: Peace Not Apartheid _(New York: Simon &
Schuster, 2006).
*
[49]
5. [50]
*
https://ussliberty.org/
*
https://www.counterpunch.org/2026/04/01/the-track-record-of-the-collective-west/
[51]
https://dezayasalfred.wordpress.com/2026/04/01/counterpunch-the-track-record-of-the-collective-west-in-regards-to-human-rights-and-international-law/
[52]
*
https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights
*
https://chomsky.info/consent01/
*
See also Max Blumenthal in _The Grayzone_ [53]
*
https://www.icj-cij.org/current-members
*
https://www.icc-cpi.int/about/otp [54], see also
https://www.icc-cpi.int/judges/judges-who-s-who
*
https://digitallibrary.un.org/record/4093207?v=pdf
*
https://digitallibrary.un.org/record/90717?v=pdf
*
https://www.ohchr.org/en/press-releases/2025/11/un-security-council-resolution-violation-palestinian-right-self
*
https://www.counterpunch.org/2025/11/05/the-normalization-of-genocide/
[55]
https://dezayasalfred.wordpress.com/2025/11/13/alfred-de-zayas-on-the-normalization-of-genocide-and-global-complicity/
[56] [50]
ABOUT THE AUTHOR
[57]
Alfred de Zayas [58]
Alfred de Zayas is U.S. and Swiss citizen, residing in Geneva,
Switzerland, where he is Professor of Law at the Geneva School of
Diplomacy.
De Zayas is a former senior lawyer with the UN Office of the High
Commissioner for Human Rights and former UN Independent Expert on
International Order (2012-18).
He is author of 12 books including "Building a Just World Order."
Alfred can be reached at [email protected] [59].
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(c) 2026 Norman Finkelstein
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[11]
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[12]
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[13]
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[14]
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[15]
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[16]
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[17]
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[18]
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[19]
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[20]
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[21]
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[22]
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[23]
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[24]
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[25]
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[26]
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[27]
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[28]
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[29]
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[30]
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[31]
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[32]
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[33]
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[34]
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[35]
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[36]
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[37]
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[38]
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[39]
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[40]
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[41]
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[42]
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[43]
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[44]
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[45]
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[46]
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[47]
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[48]
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[49]
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[50]
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[51]
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[52]
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[53]
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[54]
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[55]
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[56]
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[57]
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[58]
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[59]
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[60]
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[61]
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[62]
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