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Notwithstanding his dalliance with criminal justice reform and his castigation of law enforcement officials he says have abused their powers to target him, Donald Trump has always been inclined to “back the blue” against critics of police policies and practices. That instinct goes back decades, and it has served him well in his current incarnation as a populist politician catering to the anxieties and resentments of Americans who worry that policing has been undermined and compromised by the demands of left-wing agitators. But the latest manifestation of this themeTrump’s campaign promise to “indemnify” police officers who supposedly are paralyzed by fear of civil liability for doing their jobsis so detached from reality that it belongs in the same category as his insistence that he actually won reelection in 2020.

“We will restore law and order in our communities,” Trump said during a campaign rally in New Hampshire last Saturday. “I am also going to indemnify our police officers. This is a big thing, and it’s a brand new thing, and I think it’s so important. I’m going to indemnify, through the federal government, all police officers and law enforcement officials throughout the United States from being destroyed by the radical left for taking strong actions against crime.”

The problem, Trump claimed at a rally in Iowa a few days earlier, is that police are “afraid to do anything. They’re forced to avoid any conflict. They are forced to let a lot of bad people do what they want to do, because they’re under threat of losing their pension, losing their house, losing their families.” To address that problem, he said, “we are going to indemnify them against any and all liability.”

Although Trump seems to think indemnification of police officers who are sued for alleged misconduct is “a brand new thing,” it has been long been routine practice. In a 2014 study of civil rights cases that covered “forty-four of the largest law enforcement agencies across the country,” UCLA law professor Joanna Schwartz found that “police officers are virtually always indemnified.” That means they are not personally responsible for settlement payments or jury-awarded damages arising from allegations of police abuse. From 2006 to 2011, Schwartz reported in the New York University Law Review, “governments paid approximately 99.98% of the dollars that plaintiffs recovered in lawsuits alleging civil rights violations by law enforcement.”

During that period, Schwartz calculated, “officers financially contributed to settlements and judgments in just .41% of the approximately 9225 civil rights damages actions resolved in plaintiffs’ favor, and their contributions amounted to just .02% of the over $730 million spent by cities, counties, and states in these cases.” She noted that “officers did not pay a dime of the over $3.9 million awarded in punitive damages,” and “governments satisfied settlements and judgments in full even when officers were disciplined or terminated by the department or criminally prosecuted for their conduct.”

What about legal fees? “Although my public records requests did not seek information about who bears the cost of defense counsel,” Schwartz wrote, “several government employees and plaintiffs’ attorneys noted in their responses that officers are almost always represented by the city’s or county’s attorneys, or by attorneys hired by union representatives.”

Given this situation, Trump’s proposal makes no sense. “The idea that officers need indemnification is frankly absurd,” Benjamin N. Cardozo School of Law professor Alexander Reinert toldThe New York Times, because “they already have it.”

To reiterate, Schwartz found that cops were not actually on the hook for damages or settlements in civil rights cases even when their employers decided that their conduct warranted discipline or dismissal. They were not on the hook even when prosecutors decided that their conduct warranted criminal charges. Yet Trump claims that cops “avoid any conflict” and are “afraid to do anyhing” because they worry that frivolous lawsuits will ruin them financially.

In reality, even meritorious lawsuits often do not get far enough that the defendants need the indemnification they would virtually always receive. Under 42 USC 1983, victims of police abuse theoretically can seek damages for violations of their constitutional rights. But thanks to qualified immunity, a restriction that the Supreme Court grafted onto that statute, such lawsuits cannot proceed unless they allege conduct that violated “clearly established” law. In practice, that means plaintiffs must locate precedents with closely similar facts, a requirement that can block lawsuits when police behave in ways that even Donald Trump might consider beyond the pale.

Suppose a cop responds to an erroneous report of domestic abuse by assaulting the woman he ostensibly came to help, lifting her off the ground in a bear hug and throwing her to the ground, thereby breaking her collarbone and knocking her unconscious, because she disobeyed his command to “get back here.” Suppose police wreck a woman’s home with tear gas grenades after she gives them permission to enter so they can arrest her former boyfriend, who it turns out is not actually there. Suppose police, after chasing a suspect into an innocent family’s yard, shoot a 10-year-old boy while trying to kill his dog. Suppose police steal cash and property worth more than $225,000 while executing a search warrant. Suppose police kill a suicidal, gasoline-soaked man by lighting him on fire with a Taser.

As you can see if you follow those links, these are not theoretical examples. These are actual cases where federal appeals courts decided that qualified immunity barred the would-be plaintiffs from even trying to make the case that they deserved compensation under Section 1983.

In ananalysisof 252 excessive-force cases decided by federal appeals courts from 2015 through 2019, Reutersfoundthat most of the lawsuits were blocked by qualified immunity. It also found that the share of cases decided in favor of police had risen from 44 percent in 200507 to 57 percent in 201719.

As 5th Circuit Judge Don Willett observed in 2018, “qualified immunity smacks of unqualified impunity, letting public officials duck consequences for bad behaviorno matter how palpably unreasonableas long as they were thefirst to behave badly.” Worse, “important constitutional questions go unanswered precisely because those questions are yet unanswered.”

Five years later, the barriers to compensation for victims of police abuse remain daunting. “The American legal system regularly leaves constitutional wrongs unrighted,” Willett noted this month. “Many worthy 1983 claims go unfiled, and those that are filed must navigate a thicket of immunity doctrines that shield government wrongdoing, thus turning valid claims into vanquished ones.”

According to Trump, by contrast, it is so easy to sue police officers and so easy to recover damages that the prospect prevents them from doing their jobs because it threatens them with financial ruin. None of that is true.

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Apple sued by Which? over iCloud use – with potential payout for 40 million UK customers

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Apple sued by Which? over iCloud use - with potential payout for 40 million UK customers

Consumer rights group Which? is suing Apple for £3bn over the way it deploys the iCloud.

If the lawsuit succeeds, around 40 million Apple customers in the UK could be entitled to a payout.

The lawsuit claims Apple, which controls iOS operating systems, has breached UK competition law by giving its iCloud storage preferential treatment, effectively “trapping” customers with Apple devices into using it.

It also claims the company overcharged those customers by stifling competition.

The rights group alleges Apple encouraged users to sign up to iCloud for storage of photos, videos and other data while simultaneously making it difficult to use alternative providers.

Which? says Apple doesn’t allow customers to store or back-up all of their phone’s data with a third-party provider, arguing this violates competition law.

The consumer rights group says once iOS users have signed up to iCloud, they then have to pay for the service once their photos, notes, messages and other data go over the free 5GB limit.

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“By bringing this claim, Which? is showing big corporations like Apple that they cannot rip off UK consumers without facing repercussions,” said Which?’s chief executive Anabel Hoult.

“Taking this legal action means we can help consumers to get the redress that they are owed, deter similar behaviour in the future and create a better, more competitive market.”

Apple ‘rejects’ claims and will defend itself

Apple “rejects” the idea its customers are tied to using iCloud and told Sky News it would “vigorously” defend itself.

“Apple believes in providing our customers with choices,” a spokesperson said.

“Our users are not required to use iCloud, and many rely on a wide range of third-party alternatives for data storage. In addition, we work hard to make data transfer as easy as possible – whether it’s to iCloud or another service.

“We reject any suggestion that our iCloud practices are anti-competitive and will vigorously defend against any legal claim otherwise.”

It also said nearly half of its customers don’t use iCloud and its pricing is inline with other cloud storage providers.

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How much could UK Apple customers receive if lawsuit succeeds?

The lawsuit will represent all UK Apple customers that have used iCloud services since 1 October 2015 – any that don’t want to be included will need to opt out.

However, if consumers live abroad but are otherwise eligible – for example because they lived in UK and used the iCloud but then moved away – they can also opt in.

The consumer rights group estimates that individual consumers could be owed an average of £70, depending on how long they have been paying for the services during that period.

Apple is facing a similar lawsuit in the US, where the US Department of Justice is accusing the company of locking down its iPhone ecosystem to build a monopoly.

Apple said the lawsuit is “wrong on the facts and the law” and that it will vigorously defend against it.

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Big tech’s battles

This is the latest in a line of challenges big tech companies like Apple, Google and Samsung have faced around anti-competitive practices.

Most notably, a landmark case in the US earlier this year saw a judge rule that Google holds an illegal monopoly over the internet search market.

The company is now facing a second antitrust lawsuit, and may be forced to break up parts of its business.

Read more: Google faces threat of being broken up

FILE PHOTO: The logo for Google LLC is seen at their office in Manhattan, New York City, New York, U.S., November 17, 2021. REUTERS/Andrew Kelly/File Photo
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File pic: Reuters

And in December last year, a judge declared Google’s Android app store a monopoly in a case brought by a private gaming company.

“Now that five companies control the whole of the internet economy, there’s a real need for people to fight back and to really put pressure on the government,” William Fitzgerald, from tech campaigning organisation The Worker Agency, told Sky News.

William Fitzgerald at Lisbon's Web Summit, where he spoke to Sky News
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William Fitzgerald at Lisbon’s Web Summit, where he spoke to Sky News

“That’s why we have governments; to hold corporations accountable, to actually enforce laws.”

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‘He was the light of my life and I lost him’: How a famous surgeon died in an Israeli prison after being taken from Gaza hospital

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'He was the light of my life and I lost him': How a famous surgeon died in an Israeli prison after being taken from Gaza hospital

As a famous orthopaedic surgeon, Dr Adnan Al-Bursh spent much of his career fixing broken limbs and broken bodies at Gaza’s Al-Shifa Hospital.

One of the best-trained doctors in the enclave, a photo showing him covered in blood in Al-Shifa’s operating theatre went viral in 2018.

When war broke out last October, he worked around the clock. Pictures stored on his mobile phone show him standing in a hole, swinging a blunt-edged shovel as the hospital descended into crisis.

It had run out of fuel, food and basic pain relief and there was no more space to store dead bodies. Dressed in hospital scrubs, Dr Al-Bursh and his colleagues dug mass graves as the sound of explosions rang out behind the hospital’s walls.

Soon after the outbreak of the conflict, the surgeon, along with his wife Yasmin, realised that their world had changed forever.

“Adnan was needed every time there was a war,” she recalled. “So, I told him, ‘get ready, there will be lots of operations, they will need your help’. He went to hospital to receive the injured and stayed for 24 hours. He did not stop.”

SPARKS GAZA FEATURE - DR AB - Wife and kids
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Dr Adnan Al-Bursh’s wife and children

Dr Al-Bursh spent his days in the operating room and slept in the staff room at night.

He also kept a diary of sorts with his mobile phone, documenting the increasingly desperate scenes unfolding around him.

“Despite the pain, we are steadfast,” he said as he filmed the scene in a crowded operating theatre.

SPARKS GAZA FEATURE - DR AB - Staff room
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Dr Al-Bursh and others in the staff room

Israel said the foundations of Al-Shifa were laced with tunnels where Hamas operated a ‘command-and-control centre’, something Hamas denies.

As Israeli troops advanced towards the facility, Dr Al-Bursh captured the mood inside. Another video found on his mobile phone shows a colleague in the staffroom recalling a painful conversation with his wife.

“I remember that she only asked one thing of me, what do you think it was? That request was ‘just let me see you smile’.

“Smile. It’s the first thing I want to do after this war, if God saves us.”

SPARKS GAZA FEATURE - DR AB - Evacuation
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Tens of thousands of people had to evacuate the hospital

By mid-November, Al-Shifa was under siege by Israeli troops.

A week later, patients, staff and some 50,000 displaced residents sheltering in the compound were ordered to evacuate.

Dr Al-Bursh captured the scene of long columns of people walking towards southern Gaza.

But the surgeon did not follow them. Instead, he went northeast to another facility – the Indonesian Hospital – still operating in northern Gaza. What he found on his arrival horrified him.

“I was shocked by the size of the catastrophe here,” he said in a video. “There are injured people who have been waiting for their operations for more than ten days. [Their] wounds were severely infected.”

On 20 November 2023, the Indonesian Hospital was surrounded by Israeli tanks and later that evening, projectiles were fired into the second floor. At least 12 people were killed.

Dr Al-Bursh survived with minor scrapes but the front entrance of the facility was torn apart. “The destruction is everywhere,” he said in another video.

A spokesman for the IDF denied that Israeli forces were responsible.

By early December 2023, Dr Al-Bursh had moved to a small hospital, also in the north, called Al-Awda.

A series of pictures, posted on the hospital’s social media page, show him examining patients with fatigue etched on his face.

These are the last known images taken of the surgeon.

SPARKS GAZA FEATURE - DR AB - Last pic
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These are the last known images taken of the surgeon at Al-Awda hospital

SPARKS GAZA FEATURE - DR AB - Last pic 1
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The last images were released on hospital social media

The Israeli military surrounded the hospital on 5 December, and the staff were worried about what the soldiers would do.

Dr Al-Bursh worked at Al-Awda alongside a friend and colleague, Dr Mohammad Obeid.

Eventually, the hospital’s director told them that they would have to leave the building.

“[The director] told us that the [Israeli army] have full data of all males aged between 14 and 65 at Awda hospital,” Dr Obeid said, tearfully. “They told him that if all men do not come down… they will destroy the Awda Hospital with all the women and children in it.”

We put this allegation to the IDF but they did not respond.

The men filed out of the hospital and five, including Dr Al-Bursh, were taken away.

“A soldier came up to us and called out Dr Adnan’s name, who was sitting next to me… I felt he was in a very difficult situation. The occupation soldier took him and the treatment was very rough.”

Read more:
A timeline of events in the year since 7 October
Video of Israeli hostage released

SPARKS GAZA FEATURE - DR AB - SDE TEIMAN
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The Israeli military base, Sde Teiman, where Dr Al-Bursh was taken. Pic: Breaking the Silence

In a brief statement, the Israel Defence Forces (IDF) confirmed to Sky News that Dr Al-Bursh was detained by its personnel. On 19 December 2023, it says the surgeon was taken to an Israeli military base called Sde Teiman, which has been used for processing detainees since the early part of the war.

Allegations of physical, mental and sexual abuse are rife. A former camp inmate, Dr Khalid Hamouda, believes many of the prisoners at Sde Teiman were medical professionals.

“In the camp where I was, there were about 100 prisoners. I think at least a quarter of them were involved in healthcare. Some of them were doctors, nurses and technicians.”

Dr Hamouda was put to work by the guards at the base as their helper or ‘shawish’, and remembers being told to fetch Dr Al-Bursh at the gate. When he collected him, his fellow doctor said he had been badly beaten and felt pain all over his body.

“He thought he may have broken ribs,” Dr Hamouda said. “He was unable to even go to the toilet alone.”

Israeli soldiers stand outside Ofer military prison near Jerusalem on Friday, Nov. 24, 2023. Friday marks the start of a four-day cease-fire in the Israel-Hamas war, during which the Gaza militants pledged to release 50 hostages in exchange for 150 Palestinians imprisoned by Israel. (AP Photo/Mahmoud Illean)
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Israeli soldiers stand outside Ofer military prison near Jerusalem. Pic: AP

The IDF told Sky News that after Dr Al-Bursh was processed, he left Sde Teiman on 20 December and became the “responsibility” of the Israeli Prison Service.

In April, the surgeon was taken to an incarceration facility near Jerusalem called Ofer Prison.

He died shortly after his arrival. News of the surgeon’s death was announced in a statement from two Palestinian prisoner support associations at the beginning of May. The Israelis offered no explanation or cause of death.

Sky News has spoken to people who claim to have witnessed the moments before Dr Al-Bursh’s death.

A prisoner, who says he previously knew Dr Al-Bursh in Gaza, provided details in a deposition to lawyers from the Israeli human rights organisation HaMoked.

“In mid-April 2024, Dr Adnan Al-Bursh arrived at Section 23 in Ofer Prison. The prison guards brought Dr Adnan Al-Bursh into the section in a deplorable state. He had clearly been assaulted with injuries around his body. He was naked in the lower part of his body.

“The prison guards threw him in the middle of the yard and left him there. Dr Adnan Al-Bursh was unable to stand up. One of the prisoners helped him and accompanied him to one of the rooms. A few minutes later, prisoners were heard screaming from the room they went into, declaring Dr Adnan Al-Bursh (was dead).”

SPARKS GAZA FEATURE - DR AB
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Dr Al-Bursh treating a young patient earlier in the war

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While some people might suggest that Dr Adnan Al-Bursh was a terrorist, Daqqa said: “If you want to formally answer this question, he was not charged until now. And many of these detainees are not charged from Gaza.”

In a statement to Sky News, a spokesman for the Israel Prison Service said: “IPS is a law enforcement organisation that operates according to the provisions of the law and under the supervision of the state comptroller and many other official critiques.

“All prisoners are detained according to the law. All basic rights required are fully applied by professionally trained prison guards.

“We are not aware of the claims you described and as far as we know, no such events have occurred under IPS responsibility. Nonetheless, prisoners and detainees have the right to file a complaint that will be fully examined and addressed by official authorities.”

GAZA SPARKS
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Dr Al-Bursh’s family paid tribute to him

Sky News was told by colleagues and Dr Al-Bursh’s wife Yasmin that he was in good physical condition before his arrest.

“He was the light of my life and I lost him,” Yasmin said.

Dr Al-Bursh was prepared to risk his life to save others. This story is one of a countless number, now buried under the immovable weight of Gaza’s recent past.

But Dr Al-Bursh lived and lost his life in a manner that demands acknowledgement, his friends and family members say.

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Ukrainian frontline commander warns: ‘The world is scared of Russia and losing is not only our problem’

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Ukrainian frontline commander warns: 'The world is scared of Russia and losing is not only our problem'

In the courtyard of a farmhouse now home to soldiers of the Ukrainian army’s 47th mechanised brigade, I’m introduced to a weary-looking unit by their commander Captain Oleksandr “Sasha” Shyrshyn.

We are about 10km from the border with Russia, and beyond it lies the Kursk region Ukraine invaded in the summer – and where this battalion is now fighting.

The 47th is a crack fighting assault unit.

They’ve been brought to this area from the fierce battles in the country’s eastern Donbas region to bolster Ukrainian forces already here.

War latest: Russia ready to carry out ‘massive attack’

The captain known by his men as 'Genius'
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The captain known by his men as ‘Genius’

In the summer, Ukraine launched an incursion into Russian territory, in Kursk
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In the summer, Ukraine launched an incursion into Russian territory, in Kursk

Captain Shyrshyn explains that among the many shortages the military has to deal with, the lack of infantry is becoming a critical problem.

Sasha is just 30 years old, but he is worldly-wise. He used to run an organisation helping children in the country’s east before donning his uniform and going to war.

He is famous in Ukraine and is regarded as one of the country’s top field commanders, who isn’t afraid to express his views on the war and how it’s being waged.

His nom de guerre is ‘Genius’, a nickname given to him by his men.

Captain Sasha Shyrshyn and Sky News chief correspondent Stuart Ramsay
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Captain Sasha Shyrshyn and Sky News chief correspondent Stuart Ramsay

‘Don’t worry, it’s not a minefield’

Sasha invited me to see one of the American Bradley fighting vehicles his unit uses.

We walk down a muddy lane before he says it’s best to go cross-country.

“We can go that way, don’t worry it’s not a minefield,” he jokes.

He leads us across a muddy field and into a forest where the vehicle is hidden from Russian surveillance drones that try to hunt both American vehicles and commanders.

Sasha shows me a picture of the house they had been staying in only days before – it was now completely destroyed after a missile strike.

Fortunately, neither he, nor any of his men, were there at the time.

“They target commanders,” he says with a smirk.

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‘The world is scared of Russia’

It takes me a moment or two to realise we are only a few steps away from the Bradley, dug in and well hidden beneath the trees.

The disguised American Bradley vehicle hidden in the forest
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The disguised American Bradley vehicle hidden in the forest

Sasha tells me the Bradley is the finest vehicle he has ever used.

A vehicle so good, he says, it’s keeping the Ukrainian army going in the face of Russia’s overwhelming numbers of soldiers.

He explains: “Almost all our work on the battlefield is cooperation infantry with the Bradley. So we use it for evacuations, for moving people from one place to another, as well as for fire-covering.

“This vehicle is very safe and has very good characteristics.”

The American Bradley fighting vehicle that Ukrainian soldiers have found vital in their efforts
Image:
The American Bradley fighting vehicle that Ukrainian soldiers have found vital in their efforts

Billions of dollars in military aid has been given to Ukraine by the United States, and this vehicle is one of the most valuable assets the US has provided.

Ukraine is running low on men to fight, and the weaponry it has is not enough, especially if it can’t fire long-range missiles into Russia itself – which it is currently not allowed to do.

If President-elect Donald Trump cuts the supply of military aid, the Ukrainians will lose – it’s that simple.

U.S. President-elect Donald Trump gestures as he meets with House Republicans on Capitol Hill in Washington, U.S., November 13, 2024. REUTERS/Brian Snyder
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US President-elect Donald Trump has been clear he intends to change his nation’s policy on the war in Ukraine. Pic: Reuters

Sasha says: “We have a lack of weapons, we have a lack of artillery, we have a lack of infantry, and as the world doesn’t care about justice, and they don’t want to finish the war by our win, they are afraid of Russia.

“I’m sorry but they’re scared, they’re scared, and it’s not the right way.”

Like pretty much everyone in Ukraine, Sasha is waiting to see what the US election result will mean for his country.

He is sceptical about a deal with Russia.

“Our enemy only understands the language of power. And you cannot finish the war in 24 hours, or during the year without hard decisions, without a fight, so it’s impossible. It’s just talking without results,” he tells me.

Read more from Stuart Ramsay:
How Ukrainian units are downing Russia’s drones
Heartbreaking final moments of girl who tried to flee Gaza
Inside a brutal and deadly Mexican gang war

‘Losing will be not only our problem’

These men expect the fierce battles inside Kursk to intensify in the coming days.

Indeed, alongside the main supply route into Kursk, workers are already building new defensive positions – unfurling miles of razor wire and digging bunkers for the Ukrainian army if it finds itself in retreat.

Barbed wire rolled out in the Sumy region ahead of expected fighting
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Barbed wire rolled out in the Sumy region ahead of expected fighting

Tank traps in the Sumy region
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Tank traps in the Sumy region

Sasha and his men are realistic about support fatigue from the outside world but will keep fighting to the last if they have to.

“I understand this is only our problem, it’s only our issue, and we have to fight this battle, like we have to defend ourselves, it’s our responsibility,” Sasha said.

But he points out everyone should realise just how critical this moment in time is.

“If we look at it widely, we have to understand that us losing will be not only our problem, but it will be for all the world.”

Stuart Ramsay reports from northeastern Ukraine with camera operator Toby Nash, and producers Dominique Van Heerden, Azad Safarov, and Nick Davenport.

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