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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
anonymous

freedomhouse report on Iran - 0 views

  • assumed political control under a supreme leader, Ayatollah Ruhollah Khomeini. Despite massive participation by women in the revolution and a subsequent increase in the
  • assumed political control under a supreme leader, Ayatollah Ruhollah Khomeini. Despit
  • Despite massive participation by women in the revolution and a subsequent increase in the levels and forms of women's social presence and educational achievements, the Islam
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  • assumed political control under a supreme leader, Ayatollah Ruhollah Khomeini. Desp
  • The women's rights movement is reasonably well-organized and surprisingly effective considering the repressive conditions within which it operates.
  • Continuous pressure from women's groups led to government reforms concerning women's education, employ
  • ment, suffrage, and family law under the Pahlavi dynasty, which ruled from 1925 until 1979.
  • The "era of construction" under President Ali Akbar Hashemi Rafsanjani (1989–97) ushered in some positive changes to the government's gender policies.
  • a of uneven reform under the presidency of Mohammad Khatami (1997–2005). Women's sociopolitical participation and civic activism increased considerably, while restrictions on personal freedoms and dress were loosened.
  • Iran experienced an er
  • However, attempts by reform-oriented members of the parliament (the Islamic Consultative Assembly, or Majlis) to make progressive changes, including ratification of the Convention on the Elimination of All Forms of Discrimination against Wo
  • men (CEDAW), were blocked by the conservative Guardian Council.
  • The election of President Mahmoud Ahmadinejad in 2005 marked a return to power for hard-liners and negatively affected alm
  • ost all areas of women's social life. Violations of human rights generally an
  • omen's rights in particular have intensified, and censorship has increased. The overall condition of women in Iran has also suffered from revived sociopolitical restrictions on women's dress, freedom of assembly, social advocacy, cultural creativity, and even academic and economic activity.
  • growing globalization
  • ased access to new communications technology, and recent demographic changes have countered some of these negative trends
  • c Republic brought many negative changes to women's rights and personal freedoms.
  • The system explicitly favors men over women
  • Article 19
  • Article 20
  • Article 21
  • Shari'a is the only source of legislation under Article 4 of the constitution. Therefore, any changes or reforms made to women's rights are contingent upon th
  • e political influence of the ulema (Islamic clerics) and their interpretation of Islam.
  • In an effort to protect their members, many women's nongovernmental organizations (NGOs) are depriving themselves of the resources available to similar groups in other countries. Even international awards that include monetary prizes have become a source of tension and political divisions among the activists.[25] While most groups avoid accepting any financial help or even symbolic awards from "Western" sources, some see this as yielding to government pressure in a manner that is contrary to their practical needs and interests.
  • Since the women's NGOs cannot simply wait for or rely on the CEDAW ratification, they should both pursue major campaigns like Change for Equality and continue to create smaller movements focused on individual issues, like
  • equality in inheritance and access to justice for victims of domestic violence.
  • Women in Iran have the right to vote and run for public office but are excluded from holding leadership roles in the main organs of power, such as the office of the supreme leader, the Assembly of Experts, the Guardian Council, the Expediency Council, the judicial branch, and the presidency
  • There has been very little female representation in the executive branch or the diplomatic corps. President Khatami appointed the first woman as one of Iran's several vice presidents, and she also served as head of the Environmental Protection Organization. Another woman was appointed as Khatami's presidential adviser on women's affairs and led the Center for Women's Participation Affairs within the President's Office.[62] Ahmadinejad also chose a woman for this post but changed its name to the Center for Women and Family Affairs. Marzieh Vahid-Dastjerdi, who had held a seat in parliament twice before, was appointed as the Minister of Health in September 2009, becoming Iran's first female cabinet minister. At the same time, two other female minister c
  • andidates nominated by Ahmadinejad were rejected by the conservative parliament
  • While most feminists have maintained their independence from state-sanctioned bodies and organizations, they still collaborate and build coalitions with women's groups that wo
  • rk within the reformist Islamic camp or lobby the state organs for legislative changes.
  • In the run-up to the 2001 presidential election, 47 women nominated themselves as candidates, and in 2005 that number grew to 100, though it fell to 40 in 2009.
  • involvement in city councils as a method of influencing community life and policies.
Ed Webb

Zarif's Beefs | Newlines Magazine - 0 views

  • three hours and 11 minutes of Zarif’s supposedly confidential interview was published by the London-based and Saudi-linked satellite outlet Iran International. Millions were shocked to hear Iran’s top diplomat speak more openly than he ever has and admit to what many had long suspected: that the Islamic Revolutionary Guard Corps (IRGC), the powerful and elite military force, controls all major aspects of Iranian foreign policy; that its slain Quds Force commander, Qassem Soleimani, ran his own show when it came to the Iranian intervention in Syria; and that Soleimani went as far as colluding with Russia to disrupt the implementation of the Iranian nuclear deal of 2015.
  • very little in the interview was completely unexpected to those who closely follow Iran
  • We not only learn that Zarif is not in charge of Iran’s embassies in the region (not news) but also that the IRGC didn’t even bother to inform him and other cabinet ministers of their major decisions
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  • When the nuclear negotiations that led to the 2015 deal were going on, Zarif’s team faced a propaganda campaign of opposition from the IRGC and its long tentacles in Iranian media. Despite Zarif’s personal loyalty to Supreme Leader Ali Khamenei and the latter’s continued open support for him and for the talks, the IRGC constantly attacked Zarif. It has long been axiomatic that the Guards’ interest lies in closer ties with Russia and China and avoiding Iran’s integration in the global economy.But in the interview, Zarif gives details as to how the IRGC actively worked to sabotage the deal’s implementation after it was reached. According to him, Soleimani’s celebrated trip to Russia to meet with President Vladimir Putin in July 2015, was done on the initiative of Moscow with the expressed aim of “destroying” the nuclear deal.
  • Zarif’s sharp words against Russia are not news for those who know him. He has long emphasized the need for Iran to have better relations with the West. In the interview, he also says what many on the Iranian street have long believed (although this is sometimes mocked by certain pundits as unsophisticated thinking): If Iran relies too much on Russia and China, to the detriment of its ties with the West, they will take advantage of Iran.
  • Ironically, Zarif is, in a sense, more of a true believer than many in the IRGC. He genuinely appears to be under the illusion that the ideals of the Islamic Republic still have popular support and that Iran should rely on them instead of brute force. Few in the IRGC think so, and many seem to be aware of how widely discredited these ideals are among average Iranians.
  • The manner of the audio file’s leak and its source has been a source of incessant chatter in the Iranian public sphere. Some Zarif supporters (including the Rouhani administration itself) have claimed it was a treacherous act aimed at undermining him as a credible diplomat. On the other side, “Akhbar o Tahlilha,” the public bulletin of the IRGC’s Political Department, attacked Zarif, defended Soleimani, and mockingly asked the foreign minister: “Why should a Foreign Ministry that is incapable of keeping a voice file confidential be trusted with secret military information?”
  • the hard-liners’ favorite moderate for a reason. He has never wavered from supporting the first principles of Khomeinism and has repeatedly defended its support for groups such as Lebanon’s Hezbollah or the Palestinian Hamas and Islamic Jihad.
  • Speaking for the entire Iranian regime on the world stage has been at the heart of Zarif’s lifelong ambition. His experience and knowledge of America’s culture and political system have kept him at the top of that portfolio for decades, making him, in essence, too valuable to get rid of. Even prior ructions with the IRGC couldn’t sink him. For instance, following the Iran-Iraq War negotiation debacle in 1988, many of the New York Boys were marginalized or even driven to exile. Not Zarif, who got promoted and served for 10 years as Iran’s deputy foreign minister. Following the conservative Mahmoud Ahmadinejad’s election to the presidency in 2005, Zarif also stayed on as Iran’s envoy to the U.N. — at the insistence of Khamenei.
  • Zarif’s own account shows the degree to which he is used by the IRGC and the military establishment, without him ever being allowed to play a role outside their plans. It hardly inspires confidence. In fact, his account seems to confirm that the process of the IRGC’s domination of Iranian politics is much more advanced than previously imagined
  • the next supreme leader is likely to be a pliant figure, controlled by the IRGC. Iran will thus turn into a military dictatorship, akin to Egypt or Algeria
  • Mostafa Tajzadeh, a former deputy interior minister during Mohammad Khatami’s presidency, has launched his own, long-shot candidacy, with the promise that he will “drive back the IRGC to the barracks” and abolish the position of Supreme Leader. Even if he is somehow allowed to run for the presidency (and that is very unlikely), he will have an uphill task in convincing people that he has what it takes to confront Khamenei and the IRGC.
Ed Webb

Ex-Hezbollah leader slams Iran Supreme Leader for Iraq, Lebanon protest deaths - Middle... - 0 views

  • Former Secretary-General of Lebanon’s Shia Hezbollah movement, a key ally of Iran, criticised Iran’s supreme leader Sunday for being behind corruption in Lebanon and Iraq, where anti-government and corruption protests are ongoing.Subhi al-Tufayli, speaking to Arab and social media, delivered remarks on recent mass protests held in Lebanon and Iraq.
  • In 1988, Al-Tufayli, one of the founding members of Hezbollah, who is a religious scholar, survived an assassination attempt, which is suspected to have been conducted by Israel and the USHezbollah and he diverged paths after the former took part in 1992 general elections of Lebanon.
  • Already facing the worst economic crisis since the 1975-90 civil war, Lebanon has been pitched deeper into turmoil since October 17 by a wave of rallies against the ruling elite that led Saad al-Hariri to resign as prime minister on October  29.
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

Iran's president rejects resignation of top diplomat Javad Zarif - 0 views

  • Iranian President Hassan Rouhani has rejected the shock resignation of his vocal Foreign Minister Javad Zarif, who led negotiations for the 2015 Iranian nuclear deal. Initially withholding reasons for the resignation in a cryptic Instagram post Monday night, Zarif later attributed his decision to political infighting and being sidelined in foreign policy decisions. On Wednesday morning, Rouhani officially rejected the resignation, writing in a letter: "I think your resignation is against the country's interests and I do not accept it." If Zarif stays in his position, it will likely serve to bolster support for him and the Rouhani administration, some analysts say, blunting initial arguments that the resignation meant a win for Iran's hard-line factions.
  • Iranian media reported that a majority of parliament members penned a letter to Rouhani on Tuesday asking him to reject the resignation.
  • Most foreign policy and security decision-making lies in the hands of the Supreme Leader, Ayatollah Khomeini, and Iran's Revolutionary Guard Corps, which are far more conservative.
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  • Rouhani on Wednesday wrote in his letter to Zarif, "It is the belief of myself and the Supreme Leader that you are a trusted, brave and devout individual standing on the frontline against America's multilateral pressures."
  • growing discontent over what many Iranians now see as a failed attempt to engage with the West and the shortcomings of the 2015 nuclear deal
Sana Usman

Haqqani refused to arrival homeland - 0 views

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    The escaped envoy Hussain Haqqani refused to arrival homeland for his necessary form in Memogate Commission said, millions of Pakistanis are live overseas for their jobs and business reasons and there is no commandment to order them to return home.
Sana Usman

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

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    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

Nawaz Sharif called eradicating the entry permit with India - 0 views

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    PML-N leader Mian Muhammad Nawaz Sharif has called for unilaterally eradicating the entry permit government with India even if New Delhi "vacillates to return" the move.
Sana Usman

PM Gilani will resign after UK visit. Sources - 0 views

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    Some strong sources reported that Prime Minister Gilani will resign after UK official visit. Makhdoom Shahabuddin will take charge as his substitute.
Sana Usman

Islam prevents atomic weapons & mass destruction arms. Nejad - 0 views

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    Islam prevents atomic weapons and other arms of accumulation destruction, President Mahmoud Ahmadinejad claimed on Wednesday ahead of his country's nuclear discussion with global powers in Baghdad, as Israel recommended to world powers not to hesitate in key talks with Iran.
Ed Webb

The profitable occupation, and why it is never discussed - 1 views

  • an estimate of the direct and indirect Israeli income from the occupation. Nobody could seriously question the existence of such revenues: From the Israeli companies directly involved in excavating and selling natural resources from the occupied territories – the most prominent example being Ahava beauty products (report, PDF) and a recent Supreme Court ruling even allowed mining Palestinian land in order to satisfy the need of the growing Israeli real-estate market – to the captive market the Palestinian represents for Israel (household Israeli brands can be found anywhere in the West Bank and Gaza). Water is one of the much-needed resources in the Middle East: No less than 80 percent of the Mountain Aquifer – located underneath the West Bank – is used by Israel and the Israeli settlements, and only 20 percent goes to the Palestinian population. (The average Israeli’s water consumption is 3.5-times that of a Palestinian’s.) Still, the main economic benefit Israel draws from its control over the West Bank is hidden in plain sight – we are talking the most expensive, most desired resource here: land.
  • Parts of the West Bank literally became the new suburbs of Tel Aviv.
  • with very few exceptions, Jerusalem is also expanding north, east and south, almost exclusively beyond the Green Line. Currently, half a million Jews live in the occupied West Bank, many of them in government-subsidized projects in the Jerusalem area. One could only imagine the cost of the same projects if they were to be located in proper Israel, especially if the proximity to the metropolitan centers was to be kept
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  • The bottom line is that the control over the West Bank, East Jerusalem and to a lesser extent, Gaza, has substantial value to Israel, one that might even surpass the economic burden posed by the occupation
  • In the early 1990s, land and real estate prices in Israel skyrocketed because of  immigration from the former USSR. One solution Israeli governments – including dovish ones – turned to was the West Bank, but by doing so they were undermining their own effort to separate the West Bank from the rest of Israel. It is also no coincidence that Palestinian resistance erupted in places like Bil’in or Ni’lin, whose land was confiscated for those very same projects, or that the ultra-Orthodox population that was sent to populate those houses is moving further and further to the political right, becoming almost one with the settler movement
  • we never hear about the way the blockade serves Israeli economical interests, only about the security needs
  • Ignoring the benefit to Israel from the occupation serves to blur its colonialist nature
  • (cheap labor is another “benefit” of the occupation which I didn’t discuss here)
  • It’s not always enough to oppose the occupation – one needs to understand its appeal as well. I have written in the past on the Israeli addiction to the political status quo, especially on the Palestinian question. I think that an honest analysis of the cost and benefits of Israeli control over the West Bank would support the notion that the occupation represents an Israeli interest, and therefore would never come to an end as a result of an internal Israeli process alone.
Ed Webb

The battle for Area C - Features - Al Jazeera English - 0 views

  • Despite being inhabited since before the creation of Israel, Palestinian Susya isn't connected either to the electricity or water grids, and lacks school and health facilities. Israel has deemed the village "illegal".
  • In June, the Israeli Supreme Court issued six immediate demolition orders for Palestinian Susya. The destruction of more than 50 structures - including residential homes, water cisterns and solar energy panels - could happen any day now, and would effectively wipe the entire village off the map.
  • the village's fate is similar to nearly all other Palestinian communities located in what is known as "Area C" of the occupied West Bank. Area C was first delineated in the Declaration of Principles on Interim Self Government Arrangements, otherwise known as the Oslo I agreement, which divided West Bank territory into three separate categories. Area A is under the control of the Palestinian Authority and encompasses most of the major Palestinian cities. Area B comprises most Palestinian rural communities and is under Palestinian administrative and joint Palestinian-Israeli security control. Area C is under complete Israeli administrative and military control, and comprises all Israeli settlements - including roads, buffer zones, and other infrastructure - and Israeli military training areas. Less than five per cent of the Palestinian population of the West Bank lives in Area C - yet it covers more than 60 per cent of the Palestinian territory.
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  • Article 27 of this agreement stipulated that in Area C, "powers and responsibilities related to the sphere of Planning and Zoning will be transferred gradually to Palestinian jurisdiction" by 1999. But this transfer of powers has yet to be implemented.
  • In February, Israeli Prime Minister Benjamin Netanyahu established a committee to determine the legality of Israeli settlement outposts in the West Bank. Known as the Levy Committee, it was composed of two Israeli former judges and an Israeli foreign ministry attorney, all major supporters of the settlement project. The committee concluded that Israel was not an occupying power in the West Bank, that Israeli settlements were legal and that the government should legalise outposts. These findings have led many Israeli, Palestinian and international analysts to conclude that Israel is preparing to annex parts of the West Bank, namely Area C.
  • "People are living their lives above themselves, for the betterment of the nation of Israel, not just because 'here's where I can live'," said Ariela Deitch, a mother of six and resident of the Israeli outpost of Migron.
  • An estimated 3,000 demolition orders remain in place in Palestinian communities of Area C. International agencies are becoming increasingly involved in projects in the area, in what appears to be an attempt to safeguard Palestinians against forced displacement.
  • some 150,000 Palestinians live in Area C, where they face severe restrictions on planning, building and accessing services and the area's natural resources. It is estimated that more than 350,000 Jewish-Israeli settlers now also live in Area C, an increase of more than 15,000 in the past year alone, in contravention of international law
  • "Do you really believe these conspiracy theories that Israel wants to depopulate area C? I mean, it's rubbish," Regev told Al Jazeera. "We are prepared to continue peace negotiations with the Palestinians and hopefully sign new agreements. But in the absence of signing new agreements, it's clear that Israel remains to have jurisdiction in Area C."
Ed Webb

Americans, Put Away Your Quills - By Nathan J. Brown | The Middle East Channel - 0 views

  • constitution writing is a supremely political process. It is not carried out by philosopher kings but pushed through by real political forces playing a gritty political game. Despite what some of us may dimly remember from junior high school U.S. History, our process was no different. Constitutional kibitzing rarely finds an enthusiastic audience. After the initial election in the various Arab countries, the constitution will be the first test of the new balance of political forces -- and it will be the first real opportunity for them to discover not simply how to compete, but how to cooperate. Even more important than the text they produce, the patterns of interaction they establish as they draft will produce lasting patterns for politics. They need to keep their eyes on each other -- and that is precisely what they will do.
  • The U.S. experience, rich as it is, is very idiosyncratic. From a constitutional perspective, the United States is a marsupial: exotic and sometimes even cuddly, but also a product of a completely different evolutionary path.
  • Tunisia received its first constitution when France was an empire and Germany was not yet a state. Egypt has a long and rich tradition of constitutional experiments dating back almost as long. Much of that heritage is deeply troubled to be sure, but most Arab societies are full of people who already speak their own constitutional language
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  • Tunisians debating the country's identity -- so far the biggest hot button issue in constitutional debates -- are hardly likely to pull in foreign consultants to draft language. The Egyptian committee of one hundred people is unlikely to want to be seen as allowing outsiders to vet their work in a political context in which "foreign agendas" are the topic of daily denunciations in the press.
  • If the United States can overcome its own phobia of international law, it will find these documents a promising source of values and of language that Arabs have already accepted in theory.
  • The Egyptian military shows definite signs of attempting to shoehorn in a permanent constitutional role for itself and an exemption from civilian oversight. We likely cannot make them change their minds, but we can communicate publicly to Egyptians that they are doing so without our blessing.
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

BBC News - Ayatollah Fadlallah tributes divide opinion - 0 views

  • Ayatollah Fadlallah opposed the concept of Velayat-e-faqih, an Iranian invention which gives unchallenged authority in politics and theology to the Supreme Leader - currently Ali Khamenei. Iran, meanwhile, never recognised Ayatollah Fadlallah as a marjaa'. So while Ayatollah Fadlallah did not hold an official position and cannot be replaced in the same way that a judge or minister would be, Iran will likely seek to promote its own favourite to lead Lebanon's Shias. "Admittedly, US policymakers have typically not been players in the arcane world of Shia clerical politics," wrote David Schenker from the Washington Institute for Near Eastern Policy. "How ironic, though, that Fadlallah - a man who Washington labelled a terrorist in 1995 - stood as the last bulwark against near total Iranian hegemony in Lebanon."
Julianne Greco

Khamenei Speech Offers No Compromises - WSJ.com - 0 views

  • Iranian Supreme Leader Ayatollah Ali Khamenei, in his second address to the nation since the turmoil over the June presidential election, set a tough tone for where the country is heading: No compromises with opponents outside or inside Iran
  • The comments set the stage for the possible arrest of opposition leaders Mir Hossein Mousavi and Mehdi Karroubi.
  • The document, and a public Russian rebuff of the idea of new sanctions against Iran, left President Barack Obama with few options before a deadline he set this month for diplomatic progress.
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  • In Iran, Mr. Khamenei's speech marked the anniversary of the death of Shiite Islam's founder Imam Ali. Mr. Khamenei drew comparisons between his rule and that of the imam. He recounted how Imam Ali had practiced patience with opponents until it was clear they weren't changing course, and then took out his sword to deliver them a final blow.
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    In just a few weeks (or sooner) Iran will be forced to take action. It will be interesting to see how Obama will later react to this increasinly volatile situation...and will Ahmadinejad heed warning? How Iran proceeds from here will very well set the stage for conduct in U.S.-Iran relations during the Obama presidency.
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    What better way to win over public opinion then to evoke religious bases and compare his rule to that of the Imam? It's ironic that Khamenei describes a level of historical tolerance, then completely goes the other direction and asserts that violence must be the conclusion if they don't get their way.
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.
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  • 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.
Ed Webb

New U.S. ambassador faces cooler relations in Egypt | McClatchy - 0 views

  • How the United States supports Egypt's transition to democracy is exactly what worries Tantawi and his underlings on the Supreme Council of the Armed Forces, which has run Egypt by decree since Mubarak's fall. The generals, reportedly still miffed at Washington for giving up on Mubarak during the revolt, are furious with U.S. efforts to fund pro-democracy groups in Egypt by circumventing government channels. Scathing stories about American interference in Egypt crop up regularly in local papers, fueling xenophobia and scaring off fledgling nonprofits that otherwise would be receptive to American aid. The United States hasn't fared any better with the millions of anti-Mubarak protesters who are now coalescing into political parties in preparation for parliamentary elections in November. During the 18-day uprising that preceded Mubarak's resignation, chants against America were common, with young Egyptians pointing angrily to the "Made in USA" stamps on the tear-gas canisters that Mubarak's forces fired at them. A Gallup poll released earlier this year found that 75 percent of Egyptians oppose American aid to political groups and that two-thirds think the U.S. isn't serious about encouraging democracy in the Middle East and North Africa.
  • In June, the military council rejected a proposed budget from its civilian ministers because of its dependence on aid from the United States and other foreign donors
  • Patterson and her superiors in Washington must recognize that the military council and whatever elected government succeeds it will be accountable to the public in a way that was unfathomable in Mubarak's day
Alana Garvin

Egypt cuts links with Louvre over 'stolen' artefacts | World news | The Guardian - 0 views

  • The Egyptian government said today that its antiquities department had severed ties with the Louvre in Paris because it had refused to return "stolen" artefacts. The Louvre has said it is open to returning the four reliefs from the tomb of the noble Tetaki, though it is awaiting a decision from a committee of experts and final approval from the culture ministry. The ruling means that no archaeological expeditions connected to the Louvre will be allowed to work in Egypt. Among the Supreme Council of Antiquities' other targets is the Rosetta Stone, pictured, which is in the British Museum.
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