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Ed Webb

The Deportation of Omar Shakir: The Israeli Supreme Court and the BDS Movement - Lawfare - 0 views

  • Two judgments handed down just days apart—one by the Israeli Supreme Court and the other by the European Court of Justice—highlight a growing jurisprudential divide between Israeli and international courts on the status of Israeli settlements in the West Bank
  • On Nov. 12, the European Court of Justice ruled that Israeli food products from the West Bank and Golan Heights must be explicitly labeled as coming from “Israeli settlements,” rather than from Israel itself. The ruling, which cited European Union regulations designed to allow consumers to make informed choices about their food purchases, held that since international humanitarian law limits Israeli jurisdiction in these territories to that of an “occupying power,” it would be misleading to represent such products as being “from Israel.”
  • stakes of the long-anticipated Israeli Supreme Court judgment in Human Rights Watch v. Interior Minister, handed down just a week earlier. In its judgment, the court upheld a government decision to expel Human Rights Watch’s (HRW’s) Israel and Palestine director, Omar Shakir, from the country, based on a law barring entry by foreigners who promote boycotts of Israel or its West Bank settlements. The case marked the first time the court was called upon to rule on the law’s application to boycott-related activities directed primarily at the settlements, rather than at Israel itself.
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  • In 2015, in Avneri v. The Knesset, a divided court upheld most of the 2011 law, striking down a provision providing for punitive damages in civil tort cases and construing the law narrowly in order to limit liability to instances where there is a proven causal link to concrete damage. (For more on Avneri, see here and here.) Most significantly for our purposes, a majority of justices in Avneri upheld the law’s contentious provision (which applies equally to the 2017 amendment), equating settlement boycotts to boycotts against Israel as a whole.
  • A boycott directed at an individual company due to its specific behavior, by contrast (for example, because it engaged in discrimination or in some other problematic activity), would not risk running afoul of the law.
  • If actively promoting HRW’s stance on settlements is enough to demonstrate ongoing promotion of boycotts, any new employee could face similar consequences. Israeli employees of HRW, too, could face civil or administrative ramifications simply for implementing HRW’s stated policy of calling on businesses “to stop operating in Israeli settlements in the occupied West Bank as part of their duty to avoid complicity in human rights abuses.”
  • Back in 2016, when HRW first requested a foreign expert visa for Shakir, an American citizen, the Foreign Ministry objected on the grounds that HRW itself was biased against Israel, “falsely waving the flag of human rights” in the service of “Palestinian propaganda.” Shortly thereafter, the ministry withdrew its objection, citing political and diplomatic considerations, and the Interior Ministry granted Shakir his visa. An administrative petition by the right-leaning organization Shurat HaDin, among others, led to an additional reversal, and the visa was revoked. The new decision was based on a memorandum issued by the Strategic Affairs Ministry (charged in Israel with heading up the fight against BDS), which argued that the problem was Shakir himself—who had called in the past for boycotts of Israel and the settlements—rather than HRW
  • The appellants, for their part, challenged the constitutionality of the 2017 amendment, arguing that even though foreigners don’t have a right to enter the country, they should not be denied a visa or fear deportation for expressing unpopular views. Mainly, they claimed, the law violates the free speech and equality rights of Israelis (and Palestinians), whose ability to engage freely with foreigners the government doesn’t agree with is limited by the law. They also argued that Shakir’s activities—particularly those undertaken on behalf of HRW—shouldn’t be considered boycott activities, since they were motivated by a desire to combat specific human rights violations and to encourage private corporations to respect their human rights obligations under international law
  • While once again acknowledging that the law doesn’t apply to boycotts targeting specific behaviors, the court stated: An individual who negates the very legitimacy of the State of Israel or its control of the Area, and seeks to undermine it through a boycott, is [included in the law], even if he disguises his position with the rhetoric of human rights or international law. The test is a substantive one, and the words the de-legitimization campaign wraps itself in do not grant it immunity.
  • Several amici from both sides of the political spectrum, including NGO Monitor, Shurat HaDin and Amnesty International, submitted briefs to the court. A group of former foreign service officials also joined the proceedings as amici, arguing that removing Shakir would cause substantial and lasting damage to Israel’s image as an open and democratic society.
  • In Human Rights Watch, the court clarified that what is at stake is also, potentially, the “delegitimization of Israel and of its policy” (emphasis added).
  • the boycott laws, coupled with the court’s continued acquiescence to the law’s conflation of Israel with Israeli settlements, threaten to impair the ability of citizens and noncitizens alike to engage in free discourse on one of the most difficult issues facing the country. They risk undermining the ability of human rights groups to defend human rights and promote respect for international law when their positions and interpretations of the law do not align with those of the Israeli government. They also threaten to further erode the all-important distinction in a democracy between delegitimization of the country itself and criticism of government policy
  • a growing disconnect between the discourse on settlements in Israel (and now, perhaps, the United States) and abroad
Ed Webb

Syria Liable in Killing of Journalist Marie Colvin, Court Rules - The New York Times - 0 views

  • A federal court has held Syria’s government liable for the targeting and killing of an American journalist as she reported on the shelling of a rebellious area of Homs in 2012. The decision could help ease the way for war-crimes prosecutions arising from the Syria conflict.
  • awarded $302.5 million to relatives of the journalist, Marie Colvin. Of that sum, $300 million is punitive damages for what Judge Amy Berman Jackson, in her ruling, called “Syria’s longstanding policy of violence” that aimed “to intimidate journalists” and “suppress dissent.”
  • The large size of the award sends a message, he said, that “the rule of law is still a force to be reckoned with,” even amid a global trend toward authoritarianism and the killing of journalists like Jamal Khashoggi, the Saudi Arabian slain in his country’s consulate in Istanbul.
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  • Syria did not respond in court to the lawsuit, and Mr. Assad has publicly blamed Ms. Colvin for her own death, saying she had been “working with terrorists.”
  • the first court decision drawing on a pool of smuggled Syrian government documents that are being used in criminal prosecutions of Syrian officials by courts in Germany, France and elsewhere.
  • While the standard of proof is higher in criminal cases, war crimes lawyers welcomed the success of the Colvin lawsuit as an indication that the archive contains convincing evidence.
  • The plaintiffs detailed, through government records and defectors’ and other witnesses’ accounts, how the Syrian government had made a policy of cracking down on journalists and their assistants; how security officials tracked Ms. Colvin through informants and intercepted communications; how Syrian forces killed Ms. Colvin, hours after her last broadcast from Homs, by shelling the makeshift media center where she was staying; and how officials celebrated her death.
  • Ms. Colvin, a Long Island native who was 56 when she was killed, was a star of the British press, known for dedication and pushing the limits of risk to tell the stories of civilians affected by war. She was less of a household name in the United States, but the court’s decision comes amid a wave of new attention to her life and death.She was played by Rosamund Pike in the recent feature film “A Private War,” and was the subject of a biography by a fellow journalist, Lindsey Hilsum, and a documentary by Paul Conroy, the photojournalist who was her longtime reporting partner. He was seriously wounded in the attack that killed Ms. Colvin and Remi Ochlik, a French photojournalist.
Ed Webb

Jadaliyya - 0 views

  • in exchange for a slew of Palestinian strategic concessions, Israel magnanimously agreed to negotiate the PLO’s terms of surrender.
  • The Declaration of Principles on Interim Self-Government Arrangements, as the Oslo Accord is formally called, is only a few pages long and largely free of technical jargon, and well worth reading for those who haven’t done so. It contains not a single reference to “occupation”, “self-determination”, “statehood”, or anything of the sort. Rather, Palestinians were to exercise limited autonomy, within limited areas of the occupied territories (excluding East Jerusalem), from which Israeli forces would “redeploy” rather than withdraw
  • the issues that had the greatest impact were the effective abandonment of the refugees, who constitute the majority of the Palestinian people, by the leadership; the political-institutional fragmentation of the Palestinian people; the indefinite suspension of the national agenda in exchange for economic reconstruction that was unlikely to materialize (as it stands the Palestinian economy is today but a shadow of what it was in 1993); and the transformation of the national movement into a local authority
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  • Things have turned out very much worse than Oslo’s bitterest critics could have imagined, particularly in the Gaza Strip and Jordan Valley
  • The second enabling policy was Israel’s relentless campaign of mass violence throughout the occupied territories, and the Gaza Strip in particular, to crush the 1987-1993 uprising. It didn’t succeed, but as Graham Usher perceptively noted at the time, it did lay the basis for widespread Palestinian acquiescence, and quite a bit of enthusiasm, in these territories for the false promises of Oslo. 
  • Colonization of course commenced immediately after Israel occupied and initiated the “creeping annexation” of the West Bank and Gaza Strip in June 1967, but Oslo was nevertheless a critical turning point. Although the settlement enterprise constitutes a grave breach of the 1949 Fourth Geneva Convention and a war crime under the Rome Statute of the International Criminal Court (which is the primary reason Israel refused to ratify it), the Oslo Accords as a matter of design make no reference to international law. Further, the sponsor of the Oslo process, the United States, has spared no effort to ensure that international law is not applied to Israeli conduct towards the Palestinians beyond the confines of Oslo, that it is not held accountable for its actions, and that it can continue to act with unrestricted impunity. In other words, the United States ensured that Oslo was implemented beyond the purview of the norms and rules established to govern international conduct. 
  • Israel’s response to the 1994 Hebron Ibrahimi Mosque massacre by a fanatic Israeli-American settler, which it instrumentalized to further entrench its control over Hebron and the mosque rather than confront the settlers, provided an early, definitive indication in this regard. It bears recalling that this response was led by Rabin, his fellow Nobel Peace Prize laureate Shimon Peres, and their military commander Ehud Barak, not Binyamin Netanyahu or Itamar Ben-Gvir.
  • Every time Israel engaged in a new act of colonization, such as the construction of the Har Homa settlement on Jabal Abu Ghnaim in 1997, it was tolerated on the pretext of keeping the process alive
  • If, for the sake of argument, we take claims that Oslo was supposed to conclude with Palestinian statehood seriously, ignoring reality on the ground on the pretext of preserving the diplomatic process helped ensure its failure.
  • A second key Israeli policy enabled by Oslo is Palestinian fragmentation
  • Israel succeeded in making Oslo’s transitional phase a permanent arrangement, in the process transforming the Palestinian Authority (PA) into a local subsidiary of the Israeli state
  • if a Palestinian from the West Bank or Gaza Strip seeks to pursue a claim against Israel for an act committed between 1967 and 1995, let’s say against the Israeli military for unlawful use of force in 1976 or during the 1987-1993 uprising that rendered the claimant quadriplegic, the PA is under an obligation to ensure that the claimant brings the case before a Palestinian rather than Israeli court, and that any financial judgement by that court in the claimant’s favor is paid out by the PA rather than Israel. If the claimant despite the above brings the case before an Israeli court, and an Israeli judge rules in the claimant’s favor, on account of unlawful actions by the Israeli military years before the PA even existed, the PA is required to immediately reimburse Israel the full amount of compensation awarded to the Palestinian by the Israeli court. Article XX perfectly encapsulates the thoroughly lopsided nature of Oslo, the imbalance of power it codified, Israel’s insistence upon achieving retroactive impunity, and its determination to hold its victims responsible for its crimes against them. In my view nothing better demonstrates that this is a conflict between occupier and occupied and nothing else.
  • the enormous economic windfall Israel derived from the Oslo Accords and its integration into the global economy. Most importantly it led the Arab League to renounce its boycott of Israel and – crucially – of companies that do business with Israel. For all its shortcomings this boycott was exponentially more effective than the current Boycott, Divestment, and Sanctions (BDS) movement, and for example kept major Japanese and South Korean firms out of Israel and quite a few Western ones out of the Arab world. It is often forgotten that during the 1970s and 1980s Israel was something of an international pariah, but in the wake of the 1991 Madrid Middle East diplomatic conference and thereafter Oslo was able to normalize relations with much of Africa, South Asia, and Southeast Asia
  • While Oslo promised Palestinian economic development in exchange for political paralysis, growth materialized only temporarily from the desultory baseline where it stood in 1993 at the conclusion of a prolonged uprising. A sharp reversal in fact commenced in the years leading up to the 2000 eruption of the Al-Aqsa Intifada on account of Israeli policy, and this deterioration has continued at an accelerated pace ever since. What Oslo did achieve was to catapult Israel into the ranks of the Organization of Economic Cooperation and Development (OECD), of which it has since 2010 been a full member. It is virtually inconceivable Israel would have acquired this status without Oslo.
  • Palestinians, whether within the West Bank and Gaza Strip, within Israel, in its prison system, or in the diaspora, have been organizing and resisting in myriad ways. Most importantly, they have despite massive and systematic state violence and repression, and betrayal by their own leaders and Arab governments, refused to surrender – putting into practice “the power of refusal” advocated by Said. In doing so the Palestinians have retained the overwhelming support of the international community, and even in the West public opinion increasingly recognizes that Israel is a structurally racist, colonial state
  • when the succession commences Israel is likely to promote a model where different Palestinian population concentrations – Hebron-Bethlehem, Ramallah, Jericho, Nablus-Salfit-Jenin, Qalqilya-Tulkarm – are administered by a series of local chieftains
  • even this model, a regional version of the failed Village Leagues of the 1980s, may prove unpalatable to the lunatics currently running the Israeli asylum. These are forces agitating for wholesale, formal annexation and then some, and which thanks to the inexorable rightward shift of Israeli society, and international and regional support and acquiescence (not unrelated phenomena) are only gaining in strength and power.
Ed Webb

Israel faces world anger over illegal settlement law | Middle East Eye - 0 views

  • Israel faced international criticism Tuesday over a new law allowing the appropriation of private Palestinian land for Jewish settler outposts, although the United States remained notably silent.Britain, France, the United Nations and Israel's neighbour Jordan were among those coming out against the legislation passed late Monday.
  • Pro-Palestinian Israeli NGOs said they would ask the Supreme Court to strike down the law, while Israeli opposition leader Isaac Herzog warned the legislation could result in Israeli officials facing the International Criminal Court.
  • Separately to the new law, Israel has approved more than 6,000 settler homes since Trump took office on January 20 having signalled a softer stance on the issue than Obama.
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  • The law could still be challenged, with Defence Minister Avigdor Lieberman saying last week it was likely to be struck down by the Supreme Court.International law considers all settlements illegal, but Israel distinguishes between those it sanctions and those it does not, which are known as outposts.
  • To some Israelis, the law reflects their God-given right over the territory, regardless of the courts, the Palestinians and the international community."All of the Land of Israel belongs to the Jewish people," said Science Minister Ofir Akunis of Prime Minister Benjamin Netanyahu's Likud party, using the biblical term that includes the West Bank."This right is eternal and indisputable."Palestinian official Hanan Ashrawi called for the international community to assume its "moral, human and legal responsibilities and put an end to Israel's lawlessness."
Ed Webb

In Egypt's Sinai desert, Islamic militants gaining new foothold - The Washington Post - 0 views

  • The eclipse of authority has also given rise to Sharia courts run by Islamic scholars who settle disputes according to Islamic law.
  • Even normal people, not just jihadis, would fight and die if Israelis came back
  • n the recent turmoil, militants have been carrying out attacks on lightly armed police officers in recent months and have repeatedly bombed the pipeline that carries natural gas to Israel. Bedouin tribesmen with grievances against the state, meanwhile, have kidnapped foreign tourists and international peacekeepers. Drug runners and human smugglers have also seized the moment, making both lucrative trades increasingly violent.
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  • “The bedouin is a peaceful being,” Meneey said, sipping sweet tea. “But if he feels humiliated, he will never forget. The government has to work quickly to deliver justice.” If the Egyptian government fails to find the right approach to restore security and services, he said: “This could become like a second Afghanistan. It could become an international war.”
  • Ibrahim el-Meneey, a powerful Bedouin tribal elder who lives a few miles from the Israeli border, said that arrangement would be ideal, as long as the military sticks to guarding the road. The tribes, which have stockpiled everything from small arms to antiaircraft missiles, are doing a fine job of dealing with violent human smugglers, drug runners and other miscreants who have taken advantage of the security vacuum over the past year, he said. “Here, it’s all tribes,” Meneey said, sitting on a moonlit sandy patch outside his house, which is close enough to Israel that cell phones roam onto the country’s mobile networks. “Security is very stable.”
  • Sinai leaders say they have increasingly taken on tasks the state is not performing. Roughly six months ago, Hamdeen Abu Faisal, an Islamic scholar, became among the first in the region to set up informal tribunals that settle cases that would normally be the jurisdiction of local courts. “The people started to need someone to sort out their problems,” Faisal said. “There are no functioning courts, police stations or district attorneys.” The courts are not imposing corporal punishments, Faisal said, and are only arbitrating disputes among people who agree in writing to adhere to the decision of the scholars.
Ed Webb

Lawsuit over Washington violence looms over US-Turkey relations - 0 views

  • Yasa found himself semi-conscious in hospital along with nine other protesters after Erdogan’s bodyguards and thugs for hire set upon them. One yelled “Die Kurd” as they kicked and struck the demonstrators with discernible glee. Lucy Usoyan, a young Yazidi woman who was repeatedly hit on the head, fell unconscious, despite Yasa’s best efforts to shield her. The images captured on video and later subjected to forensic scrutiny leave no doubt as to what had transpired. “I didn’t know if I would ever see my children again,” Yasa said. “I thought I was dying.”
  • In May, Yasa and a dozen and a half fellow victims filed a civil action lawsuit in US federal court against Turkey. They are demanding at least $300 million in compensation on multiple counts ranging from bodily harm to psychological trauma — including, in at least one case, damage to conjugal relations.
  • the tort case against the Republic of Turkey rests on the Foreign Sovereignties Immunity Act, which stipulates seven violations for which foreign governments can be sued in US courts. “I’d love to see Turkey argue that under US law, ‘We are entitled to beat up people on the streets of Washington, DC,'” Perles said. “No dictator gets to come to my country and beat up citizens of my country on my watch. I’ll take that argument all the way to the Supreme Court.”
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  • Turkey has breezily denied any wrongdoing, branding the protesters as “terrorists” and the actions of its security forces as “self-defense.” Its reaction to the legal case so far has been to act as if it doesn’t exist. Turkey’s toothless media, which is almost fully controlled by Erdogan’s business cronies, has followed suit.
  • In November 2017, federal prosecutors dismissed charges against seven members of Erdogan’s security detail who had been indicted by a federal grand jury that July on a slew of charges, including aggravated assault, conspiracy and hate crimes. Although the men had already left the country, the warrants seemed to carry a powerful message that foreign agents could not act with impunity on US soil. Then in February 2018, the cases against four others were quietly dropped, leaving only four guards on the hook.
  • a strong whiff of diplomatic appeasement hung in the air. The Trump administration was trying to secure the release of North Carolina pastor Andrew Brunson and to calm Turkish fury over its continued support for the Syrian Kurdish militia known as the People’s Protection Units (YPG)
  • The first hearing of what will be a bench trial could be held as early as June depending on when the US Embassy in Ankara formally relays the summons. A State Department official speaking on condition of anonymity declined to confirm whether that had happened yet, but acknowledged that US law requires it. “The US government makes no judgment on the merits of the litigation in question, or whether Turkey enjoys immunity from suit, which is a question to be decided by the courts,”
  • if the Turkish government does not acknowledge service within 60 days of the delivery of the summons by a US diplomat, “a federal judge will proceed without Turkey at that moment.”
  • Turkey has allegedly resorted to bullying relatives of the plaintiffs who are in Turkey in hopes of getting them to drop the lawsuits. Several have filed as “John Does” precisely to avoid such harassment. One of them told Al-Monitor on condition of anonymity that police had hauled in family members for interrogation, but declined to provide details for fear their identity may be revealed. Three other victims approached by Al-Monitor declined to speak, even off the record.
  • Clobbering dissidents in foreign countries is not a uniquely Turkish habit. In January 2018, a federal judge ruled that the Democratic Republic of Congo had to fork over more than $500,000 to three protesters who were savagely attacked by the security detail of President Joseph Kabila Kabange outside the luxury Georgetown hotel where he was staying. Much like Erdogan’s security detail, the Congolese security officers flew out of the United States within hours of the incident. One of the protesters, Jacques Miango, who was kicked in the throat, the face and the spine, shared Yasa’s disbelief that such violence could unfold in the heart of Washington. “You imagine that those kinds of things can’t happen in America,” Miango told The Washington Post. “But after it happened to me, I know nothing is impossible.”
  • In the unlikely event that Erdogan were to resume peace talks with imprisoned PKK leader Abdullah Ocalan, Yasa said he would withdraw the case “without a second thought.”
  • “Peace is what we were demonstrating for in Sheridan Circle,” Yasa said. “And if peace were the outcome, our suffering will not have been in vain.”
Ed Webb

Blood Law - By David Rieff | Foreign Policy - 1 views

  • The International Committee of the Red Cross is the legally recognized custodian of the laws of war and thus, among its other prerogatives, the arbiter of the semantics of both interstate and internal conflict.
  • At least in theory, an ICRC finding has important legal implications for both sides in the fighting, whereas the declarations of other actors are more expressions of opinion than fact.
  • all sides are clear that their conflict is one for control of the Syrian state, which is about as good a definition of civil war as it is possible to come by.
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  • The debate over when and under what conditions it is legitimate for outside actors to intervene militarily in the internal affairs of countries deemed to be abusing their own populations -- a global argument that, for better or worse, culminated in the adoption of the doctrine of the so-called Responsibility to Protect (R2P) --- has revolved around legally binding definitions as much, if not more, than about moral sentiments
  • the designation of the conflict as a civil war broadens the categories under which both sides can be prosecuted for war crimes under international humanitarian law, since while prosecutions for crimes against humanity can take place whatever the nature of the conflict, the broader category of war crimes can be applied only when a state of war has been found to exist.
  • technically the ICRC's judgment applies to regime and insurgency alike, but in practice its weight is likely to fall most heavily on the government side, not least because the opposition has a "friend in court" in the United States, France, Turkey, Saudi Arabia, and Qatar.
  • As the Libyan case shows, the International Criminal Court is far more likely to prosecute those its powerful members oppose (or, indeed, have overthrown) than those they have supported diplomatically, economically, and militarily. And anyone who does not think the law is as much shaped by political pressure as statute -- whether it is the U.S. Supreme Court judgment on the Affordable Care Act, the German Constitutional Court's current consideration of the legality of Germany's participation in various European financial bailout mechanisms, or the decisions at The Hague of whom to indict and to whom to give a pass -- has probably not been paying attention. With the exception of Russia and Iran, the major world powers as well as important elements of the U.N. Secretariat have either explicitly or implicitly come out for the rebels, and designating what is now taking place (whether or not the ICRC intended to do so) as "civil war" establishes a moral and institutional equivalence between the government and the insurgents that serves to partly legitimize the rebellion and delegitimize the Assad regime.
  • history is not a morality play
Ed Webb

Israel's war on the Arabic language - AJE News - 1 views

  • A survey, publicised at a conference at Tel Aviv University in December, found that while 17 percent of Jewish citizens claimed to understand Arabic, that figure fell to just 1 percent when they were asked to read a book
  • those with a working knowledge of Arabic were mostly elderly Jewish immigrants born in Arab countries - a generation rapidly dying off
  • half of Israeli Jews with a western heritage wanted Arabic scrapped as an official language, while the figure rose even higher - to 60 percent - among Jews whose families originated from Arab countries
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  • Israel's Jewish schools barely teach Arabic, he observed, and students choosing it do so chiefly as a qualification for entering Israeli military intelligence.
  • When the head of Israel Railways was questioned in 2012 on why station stops were announced in Hebrew and English only, he replied that adding Arabic would "make the train ride noisy".
  • According to a survey, one in four Palestinian citizens struggle to read Hebrew. Farah, of Mossawa, noted that even when public bodies such as the transport ministry included Arabic, it was often so poorly translated from Hebrew that the information was unintelligible.
  • In February it was revealed that Tel Aviv University had barred Palestinian staff in its tuition department from speaking Arabic to students. The policy was reversed after threats of legal action.
  • Jewish and Palestinian parents in Jaffa staged a protest, accusing the Tel Aviv municipality of breaking promises to include Arabic signs and respect Muslim and Christian holidays at the city's first public bilingual school
  • Sawsan Zaher, a lawyer with Adalah, said the 2002 ruling had been a high point for recognition of Arabic in Israel, with the more liberal court of the time stating that it was vital to the dignity of the Palestinian minority that Arabic be used in public spaces in mixed cities. "In recent years Adalah has been very cautious about bringing more such cases to the courts," she told Al Jazeera. "Given the shift to the right in the intervening years, we are worried that the advances made in language rights then might be reversed by the current court."
Ed Webb

Accountability for Islamic State Fighters: What Are the Options? - Lawfare - 1 views

  • Trump’s sudden announcement that the U.S. would withdraw forces from along the Syria-Turkey border has already had dramatic consequences. Turkish armed forces launched an invasion into northern Syria dubbed “Operation Peace Spring,” in response to which the Syrian Democratic Forces (SDF), the predominantly Kurdish military backed by the U.S.-led coalition, has warned that it will be forced to withdraw some of its guards from the Islamic State detention centers and camps to deal with the invasion
  • both the Islamic State and Syrian President Bashar al-Assad are taking advantage of the Turkish invasion to launch their own attacks within Syria: On Oct. 9, the Islamic State attacked an SDF position in Raqqa, the former de facto capital of the Islamic State, and Assad’s Russian-backed forces moved further into Manbij and Idlib. The same day, the U.S. reportedly helped move some of the “most dangerous” Islamic State detainees out of SDF custody but subsequently ordered a halt to any further operations against the Islamic State
  • By some estimates, the SDF is currently holding more than 10,000 Islamic State fighters—including at least 8,000 Iraqis and Syrians and 2,000 foreign fighters—in overflowing temporary detention centers in northeastern Syria. Thousands of family members of detainees are being held in camps for internally displaced persons in the same region
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  • The SDF has consistently asserted that it has limited capabilities to guard these facilities and has continually called for support from the coalition countries. Even before Trump’s announcement on Sunday, the head of the Kurdish forces expressed concern that the camp was at risk of falling under the control of the Islamic State. Despite the general consensus that the status quo was not sustainable, coalition countries have done little to address the problem and there has been no agreement on how to handle these fighters and their families.
  • Iraq reportedly intends to execute at least seven French nationals who were convicted under charges of being members of the Islamic State. There has been little clarity about exactly how these French citizens who had been fighting in Syria ended up in Iraqi detention centers, but experts suspect that they were transferred to Iraq by the SDF at the request of the French government after the French refused to allow them to return home
  • The situation may depend on who—among the SDF, Turkey, Syria and Russia—gains control of the northeastern territory. But if the security surrounding the detainees deteriorates, the Islamic State will likely exploit the situation and create a further opportunity for its ongoing resurgence
  • Although national courts in a conflict region usually provide the most obvious mechanism for criminal proceedings, neither Iraq nor the Kurds controlling territory in Syria have courts that are capable of achieving a just and fair form of accountability
  • a small subset of European governments—along with the SDF—have been calling for some sort of tribunal to deal with the detainees
  • Some see local prosecutions in Syria and Iraq as unrealistic options for foreign fighters, arguing instead for active repatriation followed by possible prosecution in the fighters’ home countries. This is also the option being urged by the U.S. government. Some practitioners even argue that European countries have an obligation to bring foreign fighters to justice under certain international legal instruments (specifically under U.N. Security Council resolutions 2178 [2014] and 2396 [2017]).
  • Countries outside of western Europe, including Kosovo, Kazakhstan, Uzbekistan and Tajikistan have demonstrated the most initiative in repatriating their nationals. Kosovo, the country that had the highest number of its citizens per capita leave to join the caliphate, has made particularly notable repatriation efforts. In April, for example, the Balkan republic brought back 32 women, 74 children, and four men from SDF custody in Syria. The male returnees were immediately placed in detention, pending prosecution, while the women and children were allowed to return home.
  • some western European examples of the successful handling of returned foreign fighters:
  • European Union has also recently set up a counterterrorism register meant to facilitate prosecutions of returning foreign fighters from Iraq and Syria. The database is intended to be a repository for information from all EU countries about ongoing investigations and prosecutions of terrorist suspects who fought in Iraq and Syria so that all 28 member states have access to the same data and evidence
  • a growing number of calls for the establishment of some sort of ad hoc international criminal tribunal to deal with Islamic State fighters. Leaders from relevant U.N. agencies, Sweden, the Netherlands and the SDF have raised the idea of an international tribunal located in the region to deal with the detainees
  • President Trump maintains that Turkey will take control of the Islamic State prisoners, but it is unclear whether any Turkish officials agreed to assume this responsibility and the detainees are located further inside Syria than Turkey is expected to occupy during the current phase of their offensive. Even if the Turkish forces did start to police the camps, there is concern that Turkey’s security would be inadequate given the country’s past failures to crack down on and contain Islamic State cells within its own borders.
  • Russian-backed Syrian forces may end up in control of the detainees since the U.S. withdrawal from Syria has created an opening for Assad to strike a deal with the SDF. Given Assad’s history of putting thousands of Syrians into “filthy dungeons” to be “tortured and killed,” the Islamic State detainees would potentially be subjected to severe conditions with no prospect of a fair trial
Ed Webb

Cyprus petitions international court to safeguard offshore mineral rights: report - Tur... - 0 views

  • Cyprus has petitioned the International Court of Justice (ICJ) in The Hague to safeguard its offshore mineral rights, its president said on Thursday, according to Reuters, upping the ante with neighbor Turkey which disputes its claims.
  • Cyprus’s internationally recognized government discovered offshore gas in 2011 but has been at loggerheads with Turkey over maritime zones around the island, where it has granted licenses to multinational companies for oil and gas research.
  • Turkey, which does not have diplomatic relations with Cyprus’s government, says that some areas Nicosia operates in are either on the Turkish continental shelf or in areas where the breakaway Turkish Cypriot state has rights over any finds. It has sent its own drill ships to the island.
Ed Webb

Mysteries of the Emir - By Marc Lynch | Foreign Policy - 0 views

  • Vanishingly few modern Arab leaders have ever voluntarily stepped down, even when terminally ill, incapacitated, or deeply unpopular (none of which apply to the outgoing emir)
  • the emir's decision is as shocking in its own way as were the Tunisian and Egyptian uprisings
  • Those crafting the official version of the handover have therefore been exceedingly keen to present it as a historic but normal move, one that might even be emulated by other Arab monarchs -- were they as bold and farsighted as the departing Sheikh Hamad.
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  • Arab monarchs are more likely to quietly cheer the departure of a leader they have viewed as an unpredictable irritant and an undependable member of the GCC club. "What happened … in Qatar will most likely stay in Qatar," remarked the Emirati political scientist Abdulkhaleq Abdulla.
  • Great wealth, international backing, well-honed internal divide-and-rule strategies, and effective cross-national cooperation have helped the regimes resist those pressures. But the intense crackdowns across the Gulf over the last few years on human rights activists, political protests, Shiite citizens, the Muslim Brotherhood, and even online "insults" to the leadership show just how insecure and paranoid these regimes have become
  • Sheikh Hamad's decision to transfer power to an untested young successor -- and during such testing times -- may be a sign of how relatively secure that regime is relative to its Arab counterparts
  • What most non-Qataris really want to know is what this change means for Qatari foreign policy. Allow me to summarize in two words the thousand articles already written on the subject: Nobody knows
  • the departure of the director-general of Al Jazeera, who stepped down to join the new cabinet after less than two undistinguished years. Will his replacement take steps to restore the reputation of the flagship Arabic station, which has lost a great deal of credibility over the last two years due to its coverage of Syria and Egypt? Will the new leadership continue Al Jazeera's dizzying global expansion strategy, including the launch of Al Jazeera America, scheduled for this fall?
  • what happened in Doha most certainly will not stay in Doha. Given Qatar's active role in virtually every one of the region's interlocking problems, from Egypt to Syria to Libya to Yemen to Palestine, the new emir's choices will matter in ways far less predictable then many seem to believe
Ed Webb

UK government 'ignored advice and continued Saudi arms sales' | Middle East Eye - 0 views

  • The British government ignored the advice of its own arms control experts and refused to suspend the exports of arms to Saudi Arabia, a London court heard on Tuesday.The revelation came in evidence during a landmark judicial review at the High Court.The review, brought by Campaign Against The Arms Trade (CAAT), is set to determine the legality of the UK government’s arms transfers to Saudi Arabia amid the current armed conflict in Yemen.
  • Despite human rights fears over Saudi Arabia’s ongoing bombing campaign in Yemen, Britain has exported £3.3bn of weapons to the kingdom since 2015.
  • UN experts said last week that 10 air strikes by the Saudi coalition which killed at least 292 civilians may have been war crimes. The Saudis denied the claims. The panel said the Houthis were probably also guilty of war crimes.
Sana Usman

Issues plus Kashmir and Siachen Glacier could be Determined by Mutual Consent - 0 views

  •  
    Pakistan Prime Minster Yusuf Raza Gilani on Monday repeated old statement said that All Issues Plus Kashmir And Siachen Glacier Could Be Determined By Mutual Consent with India. The half century old statement, which PM Gilani repeats in press.
Sana Usman

Foreign office rejects the allegations about Hafiz Saeed & Al-Zawahri - 0 views

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    Ministry of Foreign affairs rejects the allegations about Hafiz Saeed and Aiyman Al-Zawahri, Pakistan's foreign office today answered U.S. Secretary of State Miss Hillary Clinton's comments that it had not ended enough against the 2008 Mumbai massacre attacks organizer Hafiz Saeed saying if there any indication against him should be communal with Pakistan so that it can be examined by the courts.
Ed Webb

Syria Comment » Archives » "Bush White House Wanted to Destroy the Syrian Sta... - 0 views

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anonymous

Freedomhouse Report: Libya - 0 views

  • al-Qadhafi has sought to promote the status of women and to encourage them to participate in his Jamahiriya project
  • e directly challenged the prevailing conservatism in Libya, though his regime at times has struck a conciliatory tone with the Islamist political opposition and the conservative populace at the expense of women's rights
  • al-Qadhafi has pushed for women to become equal citizens and has introduced legislation aimed at reducing discrimination between the sexes.
  • ...30 more annotations...
  • provide women with greater access to education and employment
  • These efforts by the state have run against Libya's extremely conservative patriarchal tr
  • ditions and tribal culture, which continue to foster gender discrimination.
  • or example, women still face unequal treatment in many aspects of family law.
  • o not permit any genuinely independent organizations or political groups to exist. Membership in any group or organization that is not sanctioned by the state is punishable by death under Law No. 71 of 1972. There are a number of women's organizations in Libya that purport to be independent, but they are all in fact closely linked to the state. Consequently, their efforts to promote women's emancipation have yielded little progress.
  • promote a greater awareness of domestic violence and the fact that more women are entering the workforce.
  • government temporarily restricted women from leaving the country without their male guardian, a step that the authorities later denied.
  • Libya has no constitution
  • aws and key declarations
  • 1977 Declaration of the Authority of the People and the 1988 Great Green Charter of Human Rights in the Age of the Masses (Great Green Charter).
  • In addition, Article 1 of Law No. 20 of 1991
  • Women have been eligible to become judges since 1981, although they remain underrepresented in the judiciary. The first female judge was appointed in 1991, and currently there are an estimated 50 female judges
  • An adult woman is recognized as a full person before the court and is equal to a man throughout all stages of litigation and legal proceedings. However, in some instances, women are not considered to be as authentic witnesses as men.
  • Libya acceded to the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 1989. At that time, it made reservations to Article 2 and Article 16, in relation to rights and responsibilities in marriage, divorce, and parenthood, on the grounds that these articles should be applied without prejudice to Shari'a. Libya made an additional general reservation in 1995, declaring that no aspect of accession can conflict with the laws of personal status derived from Shari'a.[15]
  • In June 2004, Libya became the first country in the Arab region to ratify the Optional Protocol to CEDAW.[16] The protocol allows Libyan groups and individuals to petition the UN CEDAW committee if they believe their rights under the convention have been violated.[17] However, because the committee can only issue nonbinding recommendations to states in response to these petitions, the practical effects of the protocol remain unclea
  • There are no genuinely independent nongovernmental women's rights groups in Libya. Several women's organizations claim to be independent, such as Al-Wafa Association for Human Services, which seeks to improve the status of women and "to further women's education and social standing."[18] However, all such organizations have close ties to the authorities. The charity Al-Wattasimu, for example, organized an international conference on women's rights in Tripoli in April 2007. Participants sought to draft new concepts and principles on women's rights and "to realize a strategic support group project for African women."[19] Al-Wattasimu is run by Aisha al-Qadhafi, the daughter of Muammar al-Qadhafi.
  • zations claim to be independent, such as Al-Wafa Association for Human Services, which seeks to improve the status of
  • has encoura
  • ged women to participate in the workforce and to exercise their economic rights.
  • Society in general still considers women's primary role to be in the home. While more young women in Libya aspire to pursue professional careers, their working lives are often cut short when they marry.
  • Their political rights and civic voice remain extremely limited on account of the nature of the regime and the fact that all political activity must be sanctioned by the authorities. Recent years have brought no real change in this respect, and women continue to play a marginal role in state institutions. For example, just 36 women gained s
  • eats in the 468-seat General People's Congress in the March 2009 indirect elections
  • Women remain underrepresented in the judiciary, with none serving on the Supreme Court
  • nces. For all its discourse on women's rights, the regime clearly remains extremely reluctant to appoint women to senior positions.
  • Women are even less likely to participate in the Basic People's Congresses in rural areas, and in some cases those who do attend choose to do so indirectly on account of conservative social attitudes.
  • Women have gained access to new sources of information in recent years, but the extent to which they can use this information to empower themselves in their civic and pol
  • itical lives remains limited by the general restrictions on independent political activity.
  • gime. Women increasingly use the Internet as a source of information, though satellite television, which is more accessible, is the most influential medium
  • t the same time, social and cultural attitudes are being influenced by growing access to satellite television and the Internet, and by a partial opening in the domestic media, which has led to an increased awareness of women's issues and greater room for discussion. The expansion of mobile telephone access has also give
  • n women a greater degree of freedom, especially in dealings with the opposite sex.
Erin Gold

BBC NEWS | Middle East | Saudi court jails 'sex boast' man - 0 views

  • A Saudi Arabian man who boasted about his sex life on a TV talk show has been jailed for five years
  • also sentenced to 1,000 lashes by a Saudi court on charges relating to immoral behaviour.
  • Extra-marital sex is illegal in Saudi Arabia, one of the most conservative societies in the Arab world.
  • ...2 more annotations...
  • Abdul Jawad later apologised, saying producers at the TV station had tricked him into some of his accounts.
  • Saudi Arabia uses a strict Islamic law code. People who break the rules face punishment - lashes or imprisonment - for drinking or non-marital sex.
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