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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

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

The Israeli right's new vision of Jewish political supremacy - 0 views

  • The settlement project's success has led to an intertwined Jewish and Palestinian population, reviving the problem Israel tried to solve through expulsion in 1948. Now, the right's priority is segregation.
  • a new trend has emerged within the dominant stream of the Israeli political right: the nation, rather than the land, is now at the heart of right-wing discourse
  • This has manifested in the progression of anti-democratic legislation, incitement against Palestinian citizens of Israel and left-wing organizations and activists, and in emphasizing the idea of the “Jewish state.”
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  • The culmination of this process was the passing of the Jewish Nation-State Law in the Knesset in July 2018.
  • The Zionist project is committed to a well-defined ethnic-religious group, at a defined point in space and time. In that, Zionism is not unique, of course: the commitment of nationalistic movements in general is limited and defined a priori, and therefore exclusion, marginalization of, and separation from the Other (not to mention expulsion of that Other) are inherent to them and are their by-products
  • why the Jewish Nation-State Law was enacted 70 years after the state’s establishment rather than immediately thereafter
  • The common explanation for the rise of this new discourse is that years of occupation have weakened liberal values in Israel, and the nationalist right-wing governments are stronger than ever. As such, the right is now able to implement its ethnocentric and anti-liberal ideology and weaken the democratic character of the state’s institutions.
  • the nationalist discourse serves to shore up a new electoral project led by the right-wing political parties.
  • The logic is simple: if it is no longer effective to talk about the indivisible land (as belonging to the Jews), let us instead talk about the indivisible nation and mark external and internal enemies. According to this understanding, the wave of anti-democratic legislation, especially the Jewish Nation-State Law, serves as propaganda that bolsters the coalescing of the right wing around an ethnocentric agenda. In other words, the messianic-nationalist energy is directed inwards rather than outwards.
  • a state that grants a privileged status to Jews is no longer regarded as a self-evident phenomenon
  • the old tools that served to maintain Jewish political supremacy are no longer sufficient, and there is a need for active separation and active legitimization. Separation is no longer the result of history; rather, it must be inscribed on the political body by law and politics and must be enforced.
  • For a short time, from the beginning of the 1990s until the beginning of the Netanyahu era in 2009, it seemed possible to talk about the right of self-determination for both peoples, and the two-state solution appeared to be at hand.
  • The notion of “two states for two peoples” that took root in the collective Israeli consciousness as an optimal, realistic, and implementable solution to the conflict created an illusion of separation between the two populations — as if they were separate political entities. Although this separation was to be fully implemented at some point in the future and was repeatedly postponed, Israelis felt that the two-state paradigm implied that the Palestinians in the occupied territories were over “there,” on the other side of the border, on the way to their independent state with an anthem, a flag, and independent prisons, outside of “our” (i.e. of the Israeli-Jewish national collective) responsibility. Israel’s decision to restrict Palestinians’ freedom of movement between the territories and Israel during the First Intifada, and the establishment of the Palestinian Authority pursuant to the Oslo Accords, contributed to this experience of separation.
  • With the promise of the preservation of a Jewish majority within the ’67 boundaries — albeit through a future solution not yet fully implemented on the ground — it appeared easier for Israel to move, however slowly and tentatively, along the liberal path in their attitude toward Palestinian citizens. This tendency expressed itself in the “constitutional revolution” and the policies of the Rabin government in the early to mid-1990s. These policies strengthened the “democratic” aspect of the “Jewish and democratic” equation and began to advance the status of the Palestinians as citizens with equal rights, even if only rhetorically.
  • That era, which was one of partial optimism for Palestinian citizens and for human and civil rights in Israel, continued until the beginning of the 21st century, when the Second Intifada broke out during Ehud Barak’s government and Israeli police shot dead 13 Palestinian citizens as they were protesting in October 2000. This event marked a new rupture regarding the place of Palestinians in Israeli society. A few years later, with Netanyahu at the helm, a tendency to continually incite against Palestinian citizens of Israel developed, and the cautious optimism evaporated.
  • The new nationalist/ethno-religious discourse, and in particular the new law, which has been assiduously promoted for many years, is not merely a replay of history or its direct continuation. They are not merely expressions of anti-liberal and ethnocentric trends enabled by the strengthening of the right, or a mere reaction to the Palestinians’ vision documents. And they are not merely intended to create further political bias or to redefine the limits of political legitimacy. Rather, they constitute an innovation in the Israeli right’s political project, by serving the need to actively and legally enshrine Jewish privileges, despite the fact that these exist anyway, and to give them a new constitutional framing and anchoring. This effort has successfully rallied a significant part of the Jewish-Israeli population.
  • two groups figure prominently between the Jordan and the Mediterranean Sea: the Palestinian citizens of Israel and the Jewish settlers in the West Bank
  • The crumbling of the two-state idea and the blurring of the Green Line led to a de facto single geopolitical entity in which both populations are mixed to some degree. The sharp distinction between the Palestinians “there” and the Israeli Jews “here” became hazy. Before, the two-state solution created the illusion of separation into two independent entities and removed the Palestinians from the Israeli political awareness; now, even this “calming” sensation diminished. Before, it could be claimed that the Palestinians in the territories were headed for their own separate and independent state; now, it has become clear that the territories are here, in a de facto Greater Israel, and so are the Palestinians.
  • The Jewish settlers, for their part, strengthened their presence in the occupied territories, and are no longer marginal or temporary inhabitants. The more their presence in the territories is perceived as natural, the more they bring the territories into Israel, creating a new geographic unity.
  • the Israeli right has had to pay a significant price for this success: in this unified space (unified only for Jews because Palestinians cannot move freely within it), the Jewish majority is no longer self-evident. The settlement project brought back the problem that Zionism solved through expulsion in 1948.
  • Expelling the Palestinians from the territories is no longer an option that can be openly discussed; neither can the Palestinians be offered full citizenship (though this possibility can be bandied about for propaganda reasons). The first possibility is untenable because of international pressure, the second because of the Jews. We are stuck in the situation that had existed during the British Mandate: one geopolitical entity with two peoples mixed together. This time, however, we are not under the Mandate, but under Israeli rule.
  • All of this helps clarify the role of the new nationalist/ethno-religious discourse: it is a discourse of segregation.
  • with the crumbling of the two-state paradigm, the blurring of the Green Line and the continuing effort to extend the Jewish state over the entirety of Greater Israel, the settler right sees a need to conceptualize Jewish privileges, this time within a patently non-democratic regime between the river and the sea, which is expected to be based on a Jewish minority. The 1948 expulsion, which was a solution to the demographic problem, is no longer feasible, and therefore the need arises to establish a new-fangled apartheid regime. The Jewish Nation-State Law embodies the core of this attempt
  • In contrast to the classical discourse of Greater Israel, which was focused on “unifying” two separate regimes on two separate tracts of land — Israel and the occupied territories — the new discourse is an attempt to push for the legal segregation of two populations intermixed within the same territorial framework.
  • The segregation inspired by the law is not a division between “here” and “there” but between “us” and “them” — between Jews and Palestinians, no matter where they live between the Mediterranean and the Jordan River. It is not based on dividing the territory into two territories, but dividing the two people within one single territory.
  • True, the two-state paradigm is also a paradigm of separation, but it is a separation of two distinct political frameworks. Apartheid, on the other hand, separates populations that share a territory within one comprehensive political sovereign framework. Acting within a unified entity, such separation is surgical — i.e. violent and destructive.
  • the question of the Jewish democratic state and that of Greater Israel — the internal question and the external question — become two aspects of the same project: to legitimize the privilege of Jews over Palestinians between the river and the sea.
  • With the blurring of the Green Line and the return of the demographic threat, the logic of separation from the Palestinians has been abandoned and replaced with the logic of a segregating regime. It is a regime in which one group clearly dominates another; in which that domination is comprehensive and permanent, rather than temporary and security-based; and which is maintained by a legal system and reinforced by a violent and forceful state.
  • This dominating logic and the fact that the plan arranges for segregation, not separation, is clear when looking at the map included with the proposal. The Palestinian entity is surrounded on all sides by Israeli sovereignty: in the air and on the ground, from the north, south, east, and west. Segregation based on ethnicity, religion, and nationality, rather than on territory, is complemented by two other aspects in the plan, reflecting the demise of the Green Line: its treatment of settlers, and of Palestinian citizens in Israel
  • the current plan discards territorial logic and treats Palestinians’ citizenship as a problem to be solved, and the status of settlers as a given and immutable fact
  • it departs from the conflict management paradigm in order to impose a one-sided American-Israeli vision to “end” the conflict, or rather eliminate it without solving it.
Sherry Lowrance

Amid transition, more Egyptians cling to safety of long-hated emergency law - The Washi... - 1 views

  • A broad swath of society — from glassworkers to accountants, Christians to Islamists — say the emergency law is one of the few things keeping them safe.
  • “We’ve taken the emergency law for 30 years. One more year won’t make a difference.”
  • symptom of a deeper problem
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  • Many police officers have withdrawn from the streets; tales of theft and violence sweep neighborhoods, and in Imbaba, an impoverished area of Cairo on the west bank of the Nile, some residents say they don’t dare walk the streets unarmed.
  • Now, many residents say, the few police who are on the streets are polite, even cautious. And the military has taken over the security functions of the country — something its soldiers aren’t trained to do.
  • military justice
  • rights groups here estimate that at least 5,000 people have been detained since the military took over the criminal justice system at the end of January.
  • In a sign of how much tables have turned, one human rights group recently went to the police to initiate a complaint against a military officer.
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    The protests that toppled President Hosni Mubarak were driven in large part by hatred of the 30-year-old emergency law that gives the government broad powers to censor and detain citizens. But in a sign of the topsy-turvy world that Egyptians now live in, many here say they want the law to stay for the time being.
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    This seems more comparative politics than international politics, which is why there isn't much in this group about similar topics. I have another group that you might find useful if you are interested in such topics: http://groups.diigo.com/group/authoritarianism-in-mena
Ed Webb

Beyond the Nation-State | Boston Review - 0 views

  • The Westphalian order refers to the conception of global politics as a system of independent sovereign states, all of which are equal to each other under law. The most popular story about this political system traces its birth to the Peace of Westphalia in 1648, follows its strengthening in Europe and gradual expansion worldwide, and finally, near the end of the twentieth century, begins to identify signs of its imminent decline. On this view, much of the power that states once possessed has been redistributed to a variety of non-state institutions and organizations—from well-known international organizations such as the UN, the EU, and the African Union to violent non-state actors such as ISIS, Boko Haram, and the Taliban along with corporations with global economic influence such as Facebook, Google, and Amazon. This situation, the story often goes, will result in an international political order that resembles medieval Europe more than the global political system of the twentieth century.
  • Over the last two decades, scholars working on the history of the global order have painstakingly shown the complete mismatch between the story of Westphalia and the historical evidence. The nation-state is not so old as we are often told, nor has it come to be quite so naturally. Getting this history right means telling a different story about where our international political order has come from—which in turn points the way to an alternative future.
  • Generations of international relations students have absorbed the idea of the 1648 Peace of Westphalia as a pan-European charter that created the political structure that now spans the entire globe: a system of legally (if not materially) equal sovereign states. Along with this political structure, this story goes, came other important features, from the doctrine of non-intervention, respect of territorial integrity, and religious tolerance to the enshrinement of the concept of the balance of power and the rise of multilateral European diplomacy. In this light, the Peace of Westphalia constitutes not just a chronological benchmark but a sort of anchor for our modern world. With Westphalia, Europe broke into political modernity and provided a model for the rest of the world.
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  • In fact, the Peace of Westphalia strengthened a system of relations that was precisely not based on the concept of the sovereign state but instead on a reassertion of the Holy Roman Empire’s complex jurisdictional arrangements (landeshoheit), which allowed autonomous political units to form a broader conglomerate (the “empire”) without a central government.  
  • What we have come to call the Peace of Westphalia actually designates two treaties: signed between May and October 1648, they were agreements between the Holy Roman Empire and its two main opponents, France (the Treaty of Münster) and Sweden (the Treaty of Osnabrück). Each treaty mostly addressed the internal affairs of the Holy Roman Empire and smaller bilateral exchanges of territory with France and with Sweden.
  • The treaties were only properly mythologized in the late eighteenth and early nineteenth centuries, when European historians turned to the early modern period in order to craft stories that served their own worldview.
  • Looking for a story of states fighting for their sovereignty against imperial domination, nineteenth-century historians found exactly what they needed in the anti-Habsburg fabrications that had been disseminated by the French and Swedish crowns during the Thirty Years’ War
  • Leo Gross’s essay “The Peace of Westphalia: 1648–1948,” published in 1948 in the American Journal of International Law. Canonized as “timeless” and “seminal” at the time, the article gave meaning to the emerging postwar order. By comparing the 1945 UN Charter to the Peace of Westphalia, Gross rehashed a story about treaties for freedom, equality, non-intervention, and all the rest of the alleged virtues for reinventing national sovereignty
  • The solution to the Westphalia debacle, then, would seem to lie in putting forward an alternative narrative grounded in greater historical accuracy, one that reflects the much more complicated process through which the modern international order came about.
  • Until the nineteenth century, the international order was made up of a patchwork of polities. Although a distinction is often made between the European continent and the rest of the world, recent research has reminded us that European polities also remained remarkably heterogeneous until the nineteenth century. While some of these were sovereign states, others included composite formations such as the Holy Roman Empire and the Polish-Lithuanian Commonwealth, within which sovereignty was divided in very complex ways.
  • Sovereign statehood only became the default within Europe in the nineteenth century, with entities like the Holy Roman Empire gradually giving way to sovereign states like Germany. While often overlooked in this regard, Latin America also transitioned into a system of sovereign states during that period as a result of its successive anti-colonial revolutions.
  • Over the past several decades, the state has not only triumphed as the only legitimate unit of the international system, but it has also rewired our collective imagination into the belief that this has been the normal way of doing things since 1648.
  • As late as 1800, Europe east of the French border looked nothing like its contemporary iteration. As historian Peter H. Wilson describes in his recent book Heart of Europe (2020), the Holy Roman Empire, long snubbed by historians of the nation-state, had been in existence for a thousand years at that point; at its peak it had occupied a third of continental Europe. It would hold on for six more years, until its dissolution under the strain of Napoleonic invasions and its temporary replacement with the French-dominated Confederation of the Rhine (1806–1813) and then the German Confederation (1815–1866).
  • what we think of as modern-day Italy was still a patchwork of kingdoms (Sardinia, the Two Siciles, Lombardy-Venetia under the Austrian Crown), Duchies (including Parma, Modena, and Tuscany), and Papal States, while territory further east was ruled by the Ottoman Empire.
  • We are accustomed to thinking of Europe as the first historical instance of a full-blown system of sovereign states, but Latin America actually moved toward that form of political organization at just about the same time. After three centuries of imperial domination, the region saw a complete redrawing of its political geography in the wake of the Atlantic Revolutions of the late eighteenth and early nineteenth century. Following in the footsteps of the United States (1776) and Haiti (1804), it witnessed a series of wars of independence which, by 1826 and with only a few exceptions, had essentially booted out the Spanish and Portuguese empires. Of course, Britain promptly gained control of trade in the region through an aggressive combination of diplomatic and economic measures often referred to as “informal empire,” but its interactions were now with formally sovereign states.
  • much as with Western Europe, the region did not stabilize into a system of nation-states that looks like its contemporary iteration until the end of the nineteenth century. It now seems possible to tell a relatively similar story about North America, as in historian Rachel St John’s ongoing project, The Imagined States of America: The Unmanifest History of Nineteenth-century North America.
  • Until World War II the world was still dominated by empires and the heterogeneous structures of political authority they had created. Once decolonization took off after 1945, the nation-state was not the only option on the table. In Worldmaking after Empire (2019), Adom Getachew describes anglophone Africa’s “federal moment,” when the leaders of various independence movements on the continent discussed the possibility of organizing a regional Union of African States and, in the Caribbean, a West Indian Federation.
  • “antinationalist anticolonialism” eventually ran afoul of the French government’s unwillingness to distribute the metropole’s resources amongst a widened network of citizens. Yet the fact that it was seriously considered should give us pause. Of course, in the context of decolonization, the triumph of the nation-state represented a final victory for colonized peoples against their long-time oppressors. But it also disconnected regions with a shared history, and it created its own patterns of oppression, particularly for those who were denied a state of their own: indigenous peoples, stateless nations, minorities
  • what is clear is that a mere seventy years ago, what we now consider to be the self-evident way of organizing political communities was still just one of the options available to our collective imagination
  • The conventional narrative associates international order with the existence of a system of sovereign states, but the alternative story suggests that the post-1648 period was characterized by the resilience of a diversity of polities
  • The comparative stability of the post-1648 period may therefore have had more to do with the continued diversity of polities on the continent than with the putative emergence of a homogenous system of sovereign states
  • an international system in which power is shared among different kinds of actors might in fact be relatively stable
  • even the most powerful contemporary multinational corporations—Facebook, Google, Amazon, Apple, and the rest—are drastically more limited in their formal powers than were the famous mercantile companies who were central actors in the international order until the mid-nineteenth century. The two largest, the British and the Dutch East India Companies, founded in 1600 and 1602 respectively, amassed spectacular amounts of power over their two-hundred-year existence, becoming the primary engine of European imperial expansion. While these companies started off as merchant enterprises seeking to get in on Asia’s lucrative trading network, they gradually turned into much more ambitious endeavors and grew from their original outposts in India and Indonesia into full-on polities of their own. They were, as various scholars now argue, “company-states”—hybrid public-private actors that were legally entitled to rule over subjects, mint money, and wage wars. From this perspective, contemporary non-state actors are still relatively weak compared to states, who still monopolize far more formal power than all other actors in the international system
  • we should be careful not to suggest that the culprit is an unprecedented weakening of the state and thus that the solution is to expand state power
  • States certainly were important after 1648, but so were a host of other actors, from mercantile companies to semi-sovereign polities and all sorts of empires more or less formally structured. This system only truly began to unravel in the nineteenth century, with many of its features persisting well into the twentieth. Viewed through this lens, the so-called “Westphalian order” begins to look much more like an anomaly than the status quo
  • Engaging with this history makes the current centrality of the states-system as a basis for organizing the globe look recent and in fairly good shape, not centuries-old and on the verge of collapse
  • What is truly new, from a longue durée perspective, is the triumph of the state worldwide, and our inability to think of ways of organizing the world that do not involve either nation-states or organizations of nation-states.
  • Even thinkers in tune with limitations of the nation-state cannot seem to free themselves from the statist straitjacket of the contemporary political imagination. Debates about state-based supranational institutions likewise fall along a remarkably narrow spectrum: more power to states, or more power to state-based international organizations?
  • Misrepresenting the history of the states-system plays into the hands of nationalist strongmen, who depict themselves as saving the world from a descent into stateless anarchy, controlled by globalist corporations who couldn’t care less about national allegiance. More broadly, getting this history right means having the right conversations. Giving power to actors other than states is not always a good idea, but we must resist the false choice between resurgent nationalism on the one hand and the triumph of undemocratic entities on the other.
  • Today the norm is that states enjoy far more rights than any other collectivity—ranging from indigenous peoples to transnational social movements—simply because they are states. But it is not at all clear why this should be the only framework available to our collective imagination, particularly if its legitimacy rests on a history of the states-system that has long been debunked.
Ed Webb

The Politics of Image: The Bedouins of South Sinai - 1 views

  • For a foreign power to successfully occupy, control and integrate the Bedouins into the new state-system entailed the disruption all of the above; from the nomadic lifestyle and lack of social stratification, to ourfi laws, loyalty to the tribe, and the notion of collective identity
  • turning Egypt into a modern nation-state. To that end, he had to first re-organize Egyptian society, streamline the economy, train a bureaucracy to effectively run a centralized government, and build a modern military. “His first task was to secure a revenue stream for Egypt. To accomplish this, (he) ‘nationalized’ all the Egyptian soil, thereby officially owning all the production of the land.”13 As a result, all tribal or communal rights to landownership were not legally recognized. With the disenfranchisement of land came the disenfranchisement of image. In order to exert control over Sinai, the government restricted movement, imposed taxes and demanded payment for camping and grazing. It also started to co-opt certain individuals from various tribes, and favor some tribes over others, which in turn disrupted the Bedouin hierarchy based on sex, age and seniority.14
  • Sykes-Picot agreement in 1916. The agreement divided the Arab provinces of the Ottoman Empire outside the Arabian Peninsula into areas of British and French control or influence. As a roaming people whose livelihood depended on seasonal movement from one pasture to another, cementing the border left them with no choice but to become sedentary. This severance from “fundamental elements in their economic, commercial and social universe,”15 exposed the Bedouin to a whole new level of poverty
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  • the role of “The Sheikh” was invented, as mediator between the government and the inland population. Unlike the wise and elderly tribal sheikhs who were appointed through tribal consensus, these “sheikhs” were co-opted by the government. They did not protect the independence of the tribes, they did not arbitrate disputes, and they had little power in local affairs. Still the power of these sheikhs for hire was “exalted, since it was through them that decrees of government were transmitted to the tribesmen.”17 Although they were viewed as “agents of the occupier,” the Bedouins were left with no choice but to turn to them in issues pertaining to their economic and political lives
  • Prior to 1952, “Egypt had the largest consumer market for hashish in the Middle East. Turkey, Lebanon and Syria were the largest regional producers of the drug.”20 The smuggling route ran through the more accessible desert areas of the Middle East, crossing the TransJordanian Plateau, the Negev, and the North Sinai to Egypt. With the ousting of King Farouk in 1952, Abdel Nasser started to fortify the North of Sinai to prepare for nationalizing the Suez Canal. As a result, the smuggling route had to move to the mountainous and inaccessible South Sinai. Thus, the South Sinai “smuggler” came into being, and made use not only of his unemployment, but his nomadic prowess and knowledge of his cavernous terrain. The logic was, if the state treated them as outsiders, then they might as well exist outside the law. After all, smuggling was more lucrative than any grazing or menial government job could ever be
  • the smuggling business continued even after the Israeli occupation of the Sinai Peninsula in 1967. “Assuming that the Egyptian border guards would be given a cut of the drugs as a bribe, they chose to allow the smugglers to continue operating the drug traffic to Egypt, on the logic that drug use by Egyptian soldiers could only benefit Israel.”21 However, when the Eilat-Sharm road opened in 1972, the Israelis feared that the inexpensive drug might find its way into their own lucrative drug scene, and effectively ended all activity
  • Whereas the Egyptian administration distributed a sadaga, meaning charity, through their hired sheikhs, the Israelis personally distributed basic food staples from the American charitable organization CARE to the heads of every family.25 They also organized visits to villages in Israel, built a total of eleven clinics, offered formal vocational courses in Dahab and Sharm El Sheikh, employed half the Bedouin population in the oil fields, and in military and civilian construction, and at the request of the sheikhs, built them a total of thirteen schools in South Sinai alone. The Bedouins, who had expected to be dealt with impersonally, were quite amused with the new perks. Still, while most embraced change, they never let their guard down. In other words, there were no illusions of loyalty. Israel was still seen as an “occupying power.”
  • the Israelis also created “The Exotic Bedouin.”
  • One way for the Bedouins to mark their territory was to come up with an image that would help define and differentiate them. As a result, the “Muslim Bedouin” was born. The issue of self-definition became an urgent one when relations with outsiders ceased to be conducted through sheikhs and Bedouins came into increasing contact with the West. They felt that all Westerners, whether tourists or soldiers, Israelis or Europeans, Jews or Christians, invaded their privacy and threatened their traditions and customs.28 For example, in keeping with the Sinai image as an exotic, all-natural paradise, the tourists sunbathed in the nude, a practice that Bedouins took great offense to. When they expressed their dismay and requested that the behavior of tourists be regulated, Israeli authorities responded by explaining that they wanted nothing to do with the issue. Seeing that the “Bedouins were not permitted by either Israeli or Egyptian law to impose their own laws on non-Bedouins.. the problem could not be resolved.”29 In response, the Bedouins encouraged an Islamic revival of a very paradoxical nature. They still worked in tourism and came into contact with tourists everyday, but all the money made was “purified” by lavish expenditure on mosques and shrines of Saints and excessive manifestations of religious zeal. “‘We are Muslims,’ (they said) ‘they are the Jews.’”30
  • While the Bedouins were trying to disassociate themselves from the West, Egyptian policy was heading in the other direction. To complicate matters even more, “state-supported Muslim institutions, such as Al-Azhar University, invested this official policy with an Islamic sanction.”31 Result was an institutional type of Islam, one that was mainly constructed to fight the remnants of Nasser’s socialist regime. In this context, it was hard for the Muslim Bedouin to demonstrate loyalty merely by waving the flag of religion. The fact that Egypt signed a peace treaty with Israel did not help bridge the gap either. Were the Bedouins to be viewed as fellow Egyptian returning from exile or were they treacherous collaborators?32 More importantly, which of these images was more beneficial to the state?
  • “The Villain” was born; an all-encompassing figure who stood for many ills all at once. He was uncivilized, lawless, treacherous, and dangerous. The most important thing for the state was to cater to the economic interests of Cairo’s elite in the Sinai, from the military and the industrialists, to the members of political parties and ministers. This goal could only be achieved through a label that would blunt Bedouin capacity to organize, gain sympathy, and attract media attention. In 1980, “Law 104, providing for state ownership of desert land and thus making the whole Sinai government property was changed to permit private ownership.”33 The law had some devastating effects on the Bedouins. Their land claims were not legally recognized, and they were subsequently displaced “with no government compensation.”34 In their place, the land was repopulated with peasants to solve the unemployment problem in the urban center. The once virgin coast became littered with grotesque infrastructure that paid no heed to damaging the natural balance of the environment; thousands of them were framed and sent to prison after the terrorist attacks on Sharm El Sheikh and Dahab in 2004 and 2005
  • a 20 million pound wall was built in Sharm El Sheikh to isolate the “dangerous” Bedouin from the tourist “paradise” beyond
  • every Bedouin stereotype out there has been readily absorbed and exploited by the Bedouins themselves
  • All what is left of Bedouin life is its cultural identity, and they hold on to that dearly. “The Bedouin is not Egyptian,” a young man in a white cotton head dress said, “The Sinai is not Egyptian or Israeli. It is Bedouin.” This is all that is left. In the age of state-systems, modernization and globalization, the world is becoming increasingly hegemonic and indigenous cultures are losing the battle. The world might like to think that it is without borders, but say that to a Bedouin and wait for a response.
  •  
    Some flaws here, but worth a read/some thought.
anonymous

FreedomHouse Report on Saudi Arabia - 0 views

  • The Basic Law of the Kingdom of Saudi Arabia does not guarantee gender equality.
  • A vigorous progressive movement,
  • Due to an enforced
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  • nd women in public, the opportunities for women's employment remain limited
  • n men a
  • separation betwee
  • e that work in these fields will become more widely available to women in the future. Higher education, in fact, is one area in
  • performed men in terms of PhD degrees earned.
  • which women have significantly out-
  • Article 8
  • consultation, and equality in accordance with Shari'a, or Islamic law. However, Shari'a in Saudi Arabia does not offer equality to women, particularly regarding family law. Instead, women are considered legal minors under the control of their mahram (closest male relative) and are subject to legal restrictions on their personal behavior that do not apply to men.
  • In 2004 a royal decree affirmed the principle of equality between men and women in all matters relating to Saudi nationality,[5] but women remain unable
  • to pass their Saudi citizenship automatically to their noncitizen spouses and children.
  • Saudi Arabia ratified the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 2000, with reservations stating that the kingdom is under no obligation to observe terms of the treaty that contradict Islamic law.
  • 8 report was critical of Saudi Arabia's compliance with the convention and called for Saudi Arabia "to enact a gender equality law."
  • committee's 200
  • In 2007 and 2008, renewed pressure mounted to allow women to drive, and an ad hoc Comm
  • ittee for Women's Right to Drive organized a petition addressed to the king.[19] In January 2008, days after Saudi Arabia faced criticism by the CEDAW committee for restricting "virtually every aspect of a woman's life,"[20] the government announced that a royal decree allowing women to drive would be issued "at the end of the year."[21] In March, the Consultative Council recommended that women be allowed to drive during the daylight hours of weekdays if they get permission from their guardians, undergo drivers' education, wear modest dress, and carry a cell phone. To allay concerns about women's safety, the council added the imposition of a sentence and a fine on any male in another car talking to or sexually harassing a female driver.
  • As of October 2009 these goals had not been implemented, but government approval for the idea of women's driving is a milestone for the kingdom.
  • At the end of 2007, the long–standing bans on women checking into hotels alone and renting apartments for themselves were lifted by royal decree, and a women-only hotel opened in 2008 in Riyadh
  • Government efforts to support women's legal right to work are in reality ambiguous, giving comfort to those who believe that women should stay at ho
  • me as well as to those who demand the right to pursue economic independence.
  • t. Statistics on women's economic activity vary somewhat depending on the source. According to the Ministry of Economy and Planning, women constituted only 5.4 percent of the total Saudi workforce in 2005
  • Two such obstacles
  • mixing the sexes in the workplace and the requirement that a woman's guardian give permission for her to work.
  • women have recently been appointed to elite ministry posts, university deanships, and directorships in quasi-governmental civic organizations
  • The opening of a women's department in the law faculty at King Saud University in Riyadh raises the possibility of appointments to judgeships for women in the future
  • The Internet has played a major role in political activism in Saudi Arabia by helping to bring human rights abuses to international attention.
Ed Webb

The IDF's Unlawful Attack on Al Jalaa Tower - 2 views

  • On May 15, 2021, early in the afternoon, the Israeli Defense Forces (IDF) informed residents of the Al Jalaa tower that it planned to destroy their building. The building had 11 floors, around 60 residential apartments, and offices for doctors, lawyers, and journalists including Al Jazeera and the Associated Press. Residents grabbed what belongings they could carry and ran down the stairs. Children and the elderly took turns using the single working elevator. An hour later, the IDF levelled the building and crushed everything inside. The now-former residents joined more than 77,000 Gazans displaced from their homes amidst ongoing airstrikes and the COVID-19 pandemic.
  • Initially, the IDF claimed that the building “contained military assets belonging to the intelligence offices of the Hamas terror organization.” Later, the IDF tweeted that Hamas members took “items” out of the building before it was destroyed. The IDF said it was “willing to pay that price to not harm any civilians.” Officials who were involved in the decision reportedly now “completely regret” it. Hamas operatives simply moved their computers out, leaving only empty offices behind.
  • Given the sheer scale of destruction, suffering, and death, any starting point for legal analysis may seem arbitrary. But the IDF, a former IDF legal adviser, and one leading scholar publicly defended the legality of the airstrike on Al Jalaa tower. Their legal claims call for a response. The IDF also destroyed four other residential towers, and hundreds of other residential units across Gaza. Examining the attack on Al Jalaa tower may shed light on these other attacks as well.
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  • the tower was not a military objective (a “lawful target”) at the time of the airstrike. The expected harm to civilians and civilian objects was also excessive (or “disproportionate”) in relation to the military advantage anticipated from destroying any equipment Hamas may have left behind
  • International law prohibits attacks on civilian objects. Civilian objects are all objects which are not military objectives. Military objectives are limited to those objects which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage. According to the IDF and subsequent reports, Hamas members left with their equipment before the airstrike. They were not using the building or any part of it when it was destroyed. No one suggests that the tower made any effective contribution to military action by its nature or location.
  • If attacking forces are allowed to level any building their adversary might intend to use in the future, then the principle of distinction will lose much of its meaning and legal effect in urban warfare.
  • Based on IDF statements as well as video of the attack, it appears that the attack was directed at the building’s base, not at particular offices or their contents. Since the building was a civilian object at the time of the attack, it was unlawful to make the building as such the object of attack
  • The expected harm to civilians and civilian objects was excessive in relation to the concrete and direct military advantage anticipated. The IDF and its defenders do not argue otherwise. They do not deny that the destruction of dozens of civilian homes and offices would be excessive in relation to the destruction of whatever military equipment may have been left in the building. They argue that the civilian homes and offices were not civilian objects at all.
  • the IDF’s reported position that, if members of an armed group use any part of a civilian building for military activities, then the entire building—including all the civilian apartments inside—becomes a military objective. Since the proportionality rule only protects civilian objects, the IDF argues that expected damage to civilian apartments inside such a building carries no weight in determining the proportionality of an attack. This view is grotesque.
  • To my knowledge, no one thinks it is morally acceptable to destroy dozens of civilian apartments to obtain a minor or uncertain military advantage by destroying military equipment that the adversary has abandoned but may retrieve. The IDF may think it has found a loophole in the law. It hasn’t. But it is worth remembering that basic moral principles have no loopholes.
  • No part of Al Jalaa tower, let alone all of it, was a military objective at the time of the attack
  • The IDF emphasized that it notified the civilian residents that it planned to attack. The IDF may have thought that the tower, or part of it, was a military objective at the time of the notification and therefore it must remain a military objective at the time of the attack. This inference is obviously invalid. Attacking forces do not acquire a legal right to carry out an attack at one moment in time, which they then retain even if circumstances change. The law of armed conflict applies at all times, but never more than at the moment an attack is carried out.
  • It was an unlawful attack. One of many, and not the worst, I suspect.
Ed Webb

More than Genocide - Boston Review - 0 views

  • Mass state violence against civilians is not a glitch in the international system; it is baked into statehood itself. The natural right of self-defense plays a foundational role in the self-conception of Western states in particular, the formation of which is inseparable from imperial expansion. Since the Spanish conquest of the Americas starting in the sixteenth century, settlers justified their reprisals against indigenous resistance as defensive “self-preservation.” If they felt their survival was imperiled, colonizers engaged in massive retaliation against “native” peoples, including noncombatants. The “doctrine of double effect” assured them that killing innocents was permissible as a side effect of carrying out a moral end, like self-defense.
  • By the nineteenth century, the Christianizing mission had been augmented by a civilizing one of the “savage” natives. More recently, this colonial ideology has manifested itself in the project of “bringing democracy to the Arab world,” with Israel designated as the “the only democracy in the Middle East,” the proverbial “villa in the jungle.”
  • Without imperial possessions and the lucrative trade in sugar and other commodities predicated on the Atlantic slave trade, European states would not have generated the surpluses necessary to pay for their military establishments and the bureaucratic apparatuses required to sustain them. And while European powers and settlers in their colonies did not set out to exterminate the peoples they conquered, they killed any who resisted, claiming that their hands were forced.
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  • civilian destruction tends to be greatest when security retaliation reaches the level of what I have called “permanent security”—extreme responses by states to security threats, enacted in the name of self-defense. Permanent security actions target entire civilian populations under the logic of ensuring that terrorists and insurgents can never again represent a threat. It is a project, in other words, that seeks to avert future threats by anticipating them today.
  • The historical record shows that, however terrible, violent anticolonial uprisings were invariably smashed with far greater violence than they unleashed. The violence of the “civilized” is far more effective than the violence of the “barbarians” and “savages.”
  • Throughout the five-hundred-year history of Western empires, the security of European colonizers has trumped the security and independence of the colonized.
  • Jabotinsky’s famous “Iron Wall” argument from 1923, in which the Revisionist Zionist leader argued that Palestinian resistance was understandable, inevitable—and anticolonial. Speaking of Palestinians, Jabotinsky wrote that “they feel at least the same instinctive jealous love of Palestine, as the old Aztecs felt for ancient Mexico, and their Sioux for their rolling Prairies.” Because Palestinians could not be bought off with material promises, Jabotinsky wanted the British Mandate authorities to enable Zionist colonization until Jews, then a tiny minority of Palestine, reached a majority. “Zionist colonisation must either stop, or else proceed regardless of the native population,” he concluded. “Which means that it can proceed and develop only under the protection of a power that is independent of the native population—behind an iron wall, which the native population cannot breach.”
  • to ensure that Palestinian militants can never again attack Israel, its armed forces are subjecting two million Palestinians to serial war crimes and mass expulsion
  • If Western states support this solution for Israeli permanent security—as the United States appears to be with its budgeting of refugee support in neighboring countries under the guise of a “humanitarian” gesture—they will be continuing a venerable tradition. During, between, and after both twentieth-century world wars, large-scale population transfers and exchanges took place across the Eurasian continent to radically homogenize empires and nations. Millions of people fled or were expelled or transferred from Turkey, Greece, Austria, Italy, India, Palestine, Central and Eastern Europe. Progressive Europeans reasoned then that long-term peace would be secured if troublesome minorities were removed. This ideology—which the governments of Russia, China, Turkey, India, and Sri Lanka share today—maintains that indigenous and minority populations must submit to their subordination and, if they resist, face subjugation, deportation, or destruction. Antiterrorism operations that kill thousands of civilians are taken to be acceptable responses to terrorist operations that kill far fewer civilians
  • Indigenous and occupied peoples, then, are placed in an impossible position. If they resist with violence, they are violently put down. If they do not, states will overlook the lower-intensity but unrelenting violence to which they are subject
  • Hamas thus reasons that Palestinians have nothing to gain by conforming to a U.S.-led “rules-based international order” that has forgotten about them.
  • When state parties to the UNGC negotiated in 1947 and 1948, they distinguished genocidal intent from military necessity, so that states could wage the kind of wars that Russia and Israel are conducting today and avoid prosecution for genocide. The high legal standard stems from the restrictive UNGC definition of genocide, which was modeled on the Holocaust and requires that a perpetrator intend to “destroy, in whole or in part, a national, ethnical, racial or religious group, as such” (the dolus specialis) in at least one of five prescribed ways (the actus reus). The words “as such” are widely regarded as imposing a stringent intent requirement: an act counts as genocide only if individuals are targeted solely by virtue of their group membership—like Jews during World War II—and not for strategic reasons like suppressing an insurgency.
  • Together, the United States and Russia have killed many millions of civilians in their respective imperial wars in Korea, Vietnam, and Chechnya; so have postcolonial states like Nigeria and Pakistan in fighting secessions. Genocide allegations were leveled in some of these cases in global campaigns like the one we see now, but none stuck, and they are largely forgotten in the annals of mass violence against civilian
  • Adding to the difficulty of establishing genocidal intent is the uncertainty in international humanitarian law about the legality of civilians killed “incidentally” in the course of attacking legitimate military targets. While the majority of international lawyers agree that civilian deaths are acceptable so long as they are not disproportionate in relation to the military advantage sought, others argue that bombing crowded marketplaces and hospitals regardless of military objective is necessarily indiscriminate and thus illegal.
  • They go far in excusing all Israeli conduct in the name of its legitimate self-defense; the US even seems to have demurred on whether the Geneva Conventions are applicable to Palestinian territories. It is thus unsurprising that they have not pressed the Israeli government to explain how cutting off water, food, and power to Gaza—a “war of starvation” as the Euro-Med Human Rights Monitor put it—is a legitimate military tactic, one not covered by the UNGC, which declares one genocidal predicate act to be “deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part.” But if so-called humanitarian pauses are occurring to allow in a little, if grossly inadequate, aid, and the “total siege” is lifted after the military defeat of Hamas (should it happen), it will be difficult to argue in a legal context that Israel’s strangling of Gaza was a genocidal act.
  • the “Dahiya Doctrine,” which, they argue, dictates “disproportionate attacks, including against *civilian* structures and infrastructure.” This is clearly illegal.
  • Excessive reprisals, we should recall, are a staple of colonial warfare and state consolidation
  • Since genocide is a synonym for the destruction of peoples, whether the killing and suppression of their culture is motivated by destruction “as such” or by deterrence, the experience is the same: a destructive attack on a people, and not just random civilians. But the UNGC does not reflect the victim’s perspective. It protects the perpetrators: states that seek permanent security.
  • Unless the conditions of permanent insecurity are confronted, permanent security aspirations and practices will haunt Palestinians and Israelis.
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
Julianne Greco

For a Bounced Check in Dubai, the Penalty Can Be Years in Jail - NYTimes.com - 0 views

  • For more than a year, prosecutors have been cracking down on the corruption and kickbacks that thrived during the boom years in this Persian Gulf city-state
  • But alongside the con artists and crooks, a rising number of businesspeople have been sent to jail for going into debt. Bouncing a check is a criminal offense here. That fact has begun raising questions about the fairness of Dubai’s laws, especially among the foreigners who make up about 90 percent of the population.
  • he criminalization of debt has put a formidable weapon in the hands of landlords, banks and other creditors, who can send someone to jail with a single document showing a check has been returned for insufficient funds. It has also complicated Dubai’s efforts to recover from the financial crisis by sending many legitimate but struggling businesspeople to jail, where they find it even harder to repay their debts.
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  • many expatriates to flee when they are in financial trouble rather than filing for bankruptcy and setting out a repayment schedule
  • Some financial analysts say the risk of arrest for debt could also drive away potential new investors and businesspeople as Dubai struggles to recover from the current economic slump.
  • The root of the problem, analysts say, is that Dubai’s legal structures have not kept pace with its frenetic development
  • Dubai’s laws are largely based on Egyptian civil law and Islamic law, or Shariah, with no real effort to encompass the tremendous volume of its commerce.
  • Some efforts have been made to change the system, though analysts worry that they may fade as the economic crisis recedes.
  •  
    It's alarming how easy it is to commit a criminal offense. It is not hard to get debt or accumulate it in the business world, especially when the economy is not as good, so it's really not surprising that this could collapse Dubai's economy with the now minimal inclinations for businesses to take risks and low incentives for foreign investment.
Ed Webb

Israel's Religiously Divided Society | Pew Research Center - 0 views

  • a major new survey by Pew Research Center also finds deep divisions in Israeli society – not only between Israeli Jews and the country’s Arab minority, but also among the religious subgroups that make up Israeli Jewry.
  • Nearly all Israeli Jews identify with one of four categories: Haredi (commonly translated as “ultra-Orthodox”), Dati (“religious”), Masorti (“traditional”) or Hiloni (“secular”)
  • secular Jews in Israel are more uncomfortable with the notion that a child of theirs might someday marry an ultra-Orthodox Jew than they are with the prospect of their child marrying a Christian
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  • The vast majority of secular Jews say democratic principles should take precedence over religious law, while a similarly large share of ultra-Orthodox Jews say religious law should take priority.
  • When asked, “What is your present religion, if any?” virtually all Israeli Jews say they are Jewish – and almost none say they have no religion – even though roughly half describe themselves as secular and one-in-five do not believe in God.
  • Sephardim/Mizrahim are generally more religiously observant than Ashkenazim, and men are somewhat more likely than women to say halakha should take precedence over democratic principles. But in many respects, these demographic differences are dwarfed by the major gulfs seen among the four religious subgroups that make up Israeli Jewry.
  • Most non-Jewish residents of Israel are ethnically Arab and identify, religiously, as Muslims, Christians or Druze
  • Israeli Arabs generally do not think Israel can be a Jewish state and a democracy at the same time. This view is expressed by majorities of Muslims, Christians and Druze. And overwhelmingly, all three of these groups say that if there is a conflict between Jewish law and democracy, democracy should take precedence
  • Fully 58% of Muslims favor enshrining sharia as official law for Muslims in Israel, and 55% of Christians favor making the Bible the law of the land for Christians
  • Roughly eight-in-ten Israeli Arabs (79%) say there is a lot of discrimination in Israeli society against Muslims, who are by far the biggest of the religious minorities. On this issue, Jews take the opposite view; the vast majority (74%) say they do not see much discrimination against Muslims in Israel
  • Nearly half of Israeli Jews say Arabs should be expelled or transferred from Israel, including roughly one-in-five Jewish adults who strongly agree with this position
  • Israeli Arabs are highly skeptical about the sincerity of the Israeli government in seeking a peace agreement, while Israeli Jews are equally skeptical about the sincerity of Palestinian leaders. But there is plenty of distrust to go around: Fully 40% of Israeli Jews say their own government is not making a sincere effort toward peace, and an equal share of Israeli Arabs say the same about Palestinian leaders.
  • The vast majority of Jews (98%), Muslims (85%), Christians (86%) and Druze (83%) say all or most of their close friends belong to their own religious community
  • Israeli Jews overall are more religiously observant than U.S. Jews. Politically, American Jews are more optimistic about the possibility of a peaceful two-state solution and more negative about Jewish settlements in the West Bank than are Israeli Jews
  • Israel is no longer a predominantly immigrant society; at present, roughly three-quarters of Israeli adults are natives, and just one-quarter were born abroad. Yet with virtual unanimity, Israeli Jews of every kind – native-born and immigrant, young and old, secular and highly religious – agree that all Jews everywhere should have the right to make “aliyah,” or move to Israel and receive immediate citizenship.2 This overwhelming support for Jewish immigration may be linked, in part, to perceptions about anti-Semitism. Fully three-quarters of Israeli Jews (76%) think that anti-Semitism is both common and increasing around the world, and roughly nine-in-ten (91%) say that a Jewish state is necessary for the long-term survival of the Jewish people.
  • A solid majority of Haredim (62%) favor gender segregation on public transportation, such as buses and trains, used by members of the Haredi community. Among Hilonim, meanwhile, just 5% favor this policy. The vast majority of Hilonim (93%) are opposed to enforcing gender segregation on any public transport, even when it is used by Haredim
  • The survey asked Jews whether they strongly agree, agree, disagree or strongly disagree with the statement that “Arabs should be expelled or transferred from Israel.” Roughly half of Israeli Jews strongly agree (21%) or agree (27%), while a similar share disagree (29%) or strongly disagree (17%).3 Datiim are especially likely to favor the expulsion of Arabs. Roughly seven-in-ten (71%) say Arabs should be transferred. Hilonim lean in the other direction: Most (58%) disagree and say Arabs should not be expelled from Israel, including 25% who strongly disagree. But even among these self-described secular Israeli Jews, about one-third (36%) favor the expulsion of Arabs from the country
  • Seven-in-ten Haredim (70%) and roughly half of Datiim (52%) say being Jewish is mainly a matter of religion, while 3% of Haredim and 16% of Datiim say being Jewish is mainly a matter of ancestry and/or culture. Among Hilonim, by contrast, only 4% see being Jewish as primarily a matter of religion, while 83% say Jewish identity is mainly a matter of ancestry and/or culture. However, at least some members of all of these groups see their Jewish identity as bound up with both religion and ancestry/culture.
  • Arabs in Israel – especially Muslims – are more religiously observant than Jews as a whole. Fully two-thirds of Israeli Arabs say religion is very important in their lives, compared with just 30% of Jews. Israeli Muslims (68%), Christians (57%) and Druze (49%) all are more likely than Jews to say religion is very important to them, personally. In addition, more Arabs than Jews report that they pray daily and participate in weekly worship services.
  • Religious intermarriages cannot be performed in Israel (although civil marriages that take place in other countries are legally recognized in Israel).7 This is reflected in the rarity of marriages between members of different religious communities in the country. Nearly all Israelis in the survey who are married or living with a partner say their spouse or partner shares their religion. Relatively few married Muslim, Christian and Druze residents (1%) say their spouse has a different religion, and only 2% of married Jews say they have a spouse who belongs to a non-Jewish religion or is religiously unaffiliated.
  • About one-in-six Muslims say they have been questioned by security officials (17%), prevented from traveling (15%) or physically threatened or attacked (15%) because of their religion in the past 12 months, while 13% say they have suffered property damage. All told, 37% of Muslims say they have suffered at least one of these forms of discrimination because of their religious identity in the past year
  • While Muslims living in Israel, overall, are more religious than Israeli Jews, they are less religious than Muslims living in many other countries in the region. For example, about two-thirds of Muslims in Israel (68%) say religion is very important in their lives – higher than the comparable share of Lebanese Muslims (59%), but lower than the share of Muslims in Jordan (85%), the Palestinian territories (85%) and Iraq (82%) who say this.
Ed Webb

Recognizing Israeli settlements is about sovereignty, and that's a game-changer - 0 views

  • If the Trump administration endorses annexation, a position in line with recognizing the legality of settlements, then the framework of the Israeli-Palestinian conflict changes and the issues of sovereignty and political rights will become front and center.
  • Without question, the new U.S. stance on settlements undermines international law, which is clear on the illegality of an occupying power transferring its population into occupied territory. The applicability of this tenet of the Fourth Geneva Convention to Israel-Palestine has been upheld by near-universal international consensus since the occupation began in 1967, including by the U.N. Security Council and the International Court of Justice.
  • the opinion of a single state — even the most powerful one — does not alter the law itself. As Rupert Colville, the spokesman for the U.N. Commissioner on Human Rights, responded to the Trump administration announcement, “a change in the policy of one state does not modify existing international law nor its interpretation by the International Court of Justice and Security Council.” If the rest of the world continues to adhere to the principle that the settlements are illegal, the decision will likely do more to undermine U.S. standing and leadership than the Geneva Convention or the law itself.
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  • while settlements certainly represent the largest physical obstacle to the establishment of a Palestinian state, the Trump decision hardly changes anything on this front. The U.S. has consistently failed to take action against settlements in order to protect the prospect for the establishment of a Palestinian state. Even at the height of the peace process in the 1990s, the Clinton administration permitted continued settlement-building to the point that the settler population tripled despite ongoing negotiations. While various administrations, such as those of George H.W. Bush and Barack Obama, pushed back against settlements, their efforts were never sustained and settlement-building ultimately carried on.
  • if Israeli settlements are not illegal, and Israelis are able to rightfully settle the land under Israel’s political and military control, then what does that mean for the stateless Palestinians who also live there and for Israel’s 52-year rule over them? In other words, if it is not military occupation, which undoubtedly prohibits the type of settlement that Israel has engaged in, then it is something else and the world should demand that Israel clarify its position and intentions over the territory.
  • It is, in part, the limbo of endless occupation that has doomed the Palestinians to political purgatory, without a state of their own but without citizenship in any other state. It is what differentiates Palestinians from so many other ethnic groups that live as minorities in the ethnic-national states of others. Take the Kurds, for example, who lack a state of their own but who are at the very least citizens of Turkey, Syria, Iraq, Iran, and elsewhere.
  • This murkiness has also allowed Israel to gradually take physical possession of the land through a colonial process under the cover of temporary occupation, without having to offer political rights to the native inhabitants of the land who live side by side with Israeli settlers. Yet if Israel is the recognized sovereign, then it can’t take legal possession of the land without all of the inhabitants. If it doesn’t want the Palestinians, then the land needed to create a viable alternative political entity for them to fulfill their rights is needed. Israel simply cannot have it both ways.
  • While the Palestinian political leadership still fully embraces a two-state solution, the majority of public opinion has shifted away from it. That could be a game changer, especially as the Netanyahu-led government in Israel looks ready to begin annexing the settlements, at the very minimum.
Ed Webb

Three Decades After his Death, Kahane's Message of Hate is More Popular Than Ever - MERIP - 0 views

  • on November 5, 1990, Rabbi Meir Kahane was assassinated in New York City, a seminal event in the annals of American and Israeli history. Years after his death, Kahane’s killing is considered the first terror attack of the group that would later coalesce into al-Qaeda.
  • Many of Kahane’s American acolytes followed him to Israel, including top JDL fundraiser and Yeshiva University provost Emanuel Rackman, who took over as rector, and then chancellor, of Israel’s Bar Ilan University. Under Rackman’s tutelage, Bar Ilan’s Law School became an incubator for the Israeli far-right. The most infamous of these students was Yigal Amir. Inspired by the Goldstein massacre, Amir assassinated Prime Minister Yitzhak Rabin in 1995, dealing a death blow to Israel’s liberal Zionist camp. Amir carried out the murder on the five-year anniversary of Kahane’s killing.
  • The victims of JDL-linked terrorist attacks in the United States were usually innocent bystanders: the drummer in a rock band who lost a leg when a bomb blew up the Long Island home of an alleged Nazi war criminal; the Boston cop who was seriously injured during his attempt to dispose of another bomb intended for the American-Arab Anti-Discrimination Committee; the elderly lady who died of smoke inhalation in her Brooklyn flat above a Lebanese restaurant torched after its owners were accused of sympathies with the Palestine Liberation Organization (PLO); the young Jewish secretary who was asphyxiated when another fire burned through the Manhattan office of a talent agency that promoted performances of Soviet ballet troupes.
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  • Kahanists are the FBI’s prime suspects in the 1985 assassination of popular Palestinian-American activist Alex Odeh who died in a bombing outside Los Angeles because he called for a two-state solution (which became the official policy of the US government less than a decade later).[2] Odeh’s murder had far-reaching implications, scaring off a generation of Arab-American activists from advocating on behalf of Palestinians.
  • even many sectors of the Israeli right were embarrassed by Kahane’s shameless racism, and by the end of his first term in 1988 he was banned from running again.
  • Six years later, in 1994, the Israeli government, then led by the Labor Party, declared his Kach party a terrorist organization. But by that point, the Kahane movement had already been active for over a quarter of a century, leaving a wake of destruction. To date it has produced more than 20 killers and taken the lives of over 60 people, most of them Palestinians.[3] Credible allegations put the death toll at well over double that number, but even the lower confirmed figure yields a higher body count than any other Jewish faction in the modern era.
  • For decades, Kahanists—as followers of Kahane are called in Israel—have repeatedly attempted to leverage their violence to trigger a wider war and bog Israel down in perpetual armed conflict with its neighbors. And once Israel’s military might is truly unassailable, Kahanists say, Jewish armies must march across the Middle East and beyond, destroying churches and mosques and forcing their Christian and Muslim worshippers to abandon their beliefs or die at the sword.
  • Just months after the Oslo Accords were signed in Washington, DC on the White House lawn, a former candidate for Knesset in Kahane’s Kach party, Baruch Goldstein, committed the largest mass murder by a single person in Israeli history, shooting dead 29 Palestinians and wounding over 100 more at a mosque in Hebron. During the protests that followed, the Israeli Defense Forces killed perhaps two dozen more Palestinians. Exactly 40 days later, at the end of the traditional Muslim mourning period, Hamas began its retaliatory campaign of suicide bombings. Over the next three years this campaign would claim over 100 Israeli lives and harden many Jewish hearts against the prospect of peace with Palestinians. Today, Kahanists can convincingly claim credit for crippling the fragile peace process while it was still in its infancy.
  • In Hebron in 1983, on the Jewish holiday of Purim, Kahanist Israel Fuchs sprayed a passing Palestinian car with bullets. In response, Israel’s defense minister ordered Fuchs’s Kahanist settlement razed to the ground. A decade later in 1994, when Goldstein carried out his massacre, also on Purim, Israel’s defense minister put Hebron’s Palestinian residents under curfew and ordered the local Palestinian commercial district locked and bolted. The market has been shuttered ever since. Last year, Israel’s defense minister announced that the market would be refurbished and repopulated—by Jewish residents. On the same day, the state renovated nearby Kahane Park, where Goldstein is entombed, and where Kahanists gather every year to celebrate Purim and the carnage Goldstein wrought.
  • Kahane had spent the previous 22 years calling for Israel’s parliament to be dissolved and replaced with rabbinic rule over a Jewish theocracy, based on the strictest interpretations of the Torah and Talmud. He openly incited the ethnic cleansing of Palestinians—and all other non-Jews who refused to accept unvarnished apartheid—from Israel and the territories it occupied. He outdid all other Israeli eliminationists with his insistence that killing those he identified as Israel’s enemies was not only a strategic necessity, but an act of worship.[1] His ideology continues to resonate: In the September 2019 elections to Israel’s parliament the explicitly Kahanist Jewish Power Party (Otzma Yehudit) got 83,609 votes, putting it in tenth place in a crowded field of over 30 parties.
  • Both American-born followers of Kahane, Leitner and Ben Yosef went from armed attacks against Palestinians to court room advocates for their fellow religious extremists. Both enlisted at Bar Ilan Law School after serving short prison sentences. Together with his wife Nitzana Darshan, who he met there, Leitner established the highly profitable Israel-based lawfare group Shurat HaDin or Israel Law Center (ILC). After Ben Yosef earned his law degree at Bar Ilan, his American allies founded the Association Center for Civil Justice (ACCJ), a US-based lawfare group that has earned millions of dollars and has for years funneled significant sums to Fuchs, Ben Yosef and other Kahanists.
  • After Israeli Prime Minister Yitzhak Rabin was assassinated in 1995, his Labor-led government was replaced by the secular right-wing Likud party, led by Benjamin Netanyahu, who promptly appointed ex-Kahanists Tzahi HaNegbi and Avigdor Liberman to cabinet positions. But that did not satisfy the appetite of the Kahanists, who resolved to coax the Likud even further to the right. Founded by longtime Kahane supporter Shmuel Sackett, the Likud’s Jewish Leadership faction succeeded in catapulting its candidate Moshe Feiglin into the role of deputy speaker of the Knesset where he called on the government to “concentrate” the civilian population of Gaza into “tent camps” until they could be forcefully relocated.
  • Today, prior membership in the Kahanist camp no longer carries any stigma within the Likud.
  • the original Kach core group has rebranded itself to sidestep Israeli law, now calling itself Jewish Power, and are consistently courted by the rest of the Israeli right
  • Kahanists have had even greater success penetrating the halls of power at the local level where their representatives on Jerusalem city council have been included in the governing coalition since 2013. In 2014, Kahanist Councillor Aryeh King—now deputy mayor—used widely-understood religious references to incite an assembly of religious Jews to kill Palestinians. Later that very night, a group of religious Jews did exactly that, kidnapping and beating Palestinian teen Mohammad Abu Khdeir, forcing gasoline down his throat and torching him to death from the inside out.
  • After Kahane’s death, top Chabad rabbi Yitzchak Ginsburgh, also an American immigrant to Israel, inherited Kahane’s position as the most unapologetically racist rabbi in the country. In 2010 Ginsburgh helped publish an influential and vicious religious tract authored by one of his leading disciples called The King’s Torah, which sanctions organ harvesting from non-Jews and infanticide (if a Jew suspects that the child will one day constitute a threat).[9] Ginsburgh’s frequent tributes to Kahane’s memory, including repeated proclamations that “Kahane was right” have cemented the loyalty of third-generation Kahanists, including the latter’s namesake grandson, settler youth leader Meir Ettinger.
  • Thirty years ago, even if Israeli rabbis thought like Kahane and Ginsburgh they would not dare to speak these sentiments out loud, much less publish and promote them. Under Netanyahu’s rule, however, such sentiments are routinely supported financially and politically by the institutions of the Israeli state. In 2019, Israel’s education minister presented Ginsburgh with the Torah Creativity award at an annual event sponsored by his ministry.
  • The principles that Rabbi Meir Kahane popularized—that liberal democracy is an undesirable alien idea and that non-Jews must be driven down, and preferably out of Greater Israel altogether—have seeped deep into mainstream Israeli society.
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.
Jim Franklin

Al Jazeera English - Middle East - Israel push to change laws of war - 0 views

  • Israel's prime minister has instructed his government to draw up plans for a "world wide campaign" to lobby for changes in the international laws of war.
  • Israeli government contends international law needs to be amended in order to fight global terrorism.
  • The statement was backed by Israel's defence minister, Ehud Barak, who said a change in the international laws of war was "in the interest of anyone fighting terrorism".
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  • An Israeli official, speaking to Reuters on condition of anonymity, said the issue of establishing an official inquiry into the conduct of the military during the Gaza campaign was not raised at Tuesday's meeting.
  • "What peace process are they talking about? There isn't one."
Ed Webb

Failing to forecast the Israeli-Palestinian crisis - The Washington Post - 0 views

  • Auguste Comte’s 19th century dream of a “social physics” that would “enquire into the present, in order to foresee the future, and to discover the means of improving it.” Historic events like the escalation of conflict and the achievement of peace, in the view of political forecasters, are just as predictable as more routine phenomena like election results or traffic patterns. They all obey the laws of political and social life, analogous to the laws of the natural world – or do they?
  • sophisticated vector-autoregression (VAR) models predicted routine events fairly accurately, but were far less accurate in predicting historic episodes like wars, uprisings and peace accords – the very events that political forecasters are most eager to anticipate.
  • Many of those historic moments involved “structural breaks,” a technical term that indicates shifts in the underlying parameters of the statistical model. These shocks to the system could not be extrapolated from prior data – they could only be identified as they occurred. All of this suggests that major historic events may not obey the same laws as the more routine events that precede them. Instead, major events can dissolve seemingly permanent laws of political and social life, initiating new patterns of interaction, for better or for worse.
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  • When this sense of novelty becomes widespread, it can erase aspects of prior patterns of interaction, catching everybody by surprise. That is what happened during the Iranian Revolution. It happened again during the “Arab Spring” uprisings of 2011.
  • These momentous breaks from routine mark the limits of social-scientific knowledge. They stubbornly resist domestication in social-scientific models. What remains, I have proposed, is to study the experience of wildness. What does it feel like to live through such moments, to participate or avoid participation, to make history?
Ed Webb

How media coverage of terrorism endorses a legal double standard - Columbia Journalism ... - 0 views

  •  
    What US law does and doesn't consider terrorism
  •  
    What US law does and doesn't consider terrorism
Ed Webb

Under Sisi, firms owned by Egypt's military have flourished - 0 views

  • Maadi is one of dozens of military-owned companies that have flourished since Abdel Fattah al-Sisi, a former armed forces chief, became president in 2014, a year after leading the military in ousting Islamist President Mohamed Mursi.
  • In interviews conducted over the course of a year, the chairmen of nine military-owned firms described how their businesses are expanding and discussed their plans for future growth. Figures from the Ministry of Military Production - one of three main bodies that oversee military firms - show that revenues at its firms are rising sharply. The ministry’s figures and the chairmen’s accounts give rare insight into the way the military is growing in economic influence.
  • Some Egyptian businessmen and foreign investors say they are unsettled by the military’s push into civilian activities and complain about tax and other advantages granted to military-owned firms
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  • In 2016, the military and other security institutions were given exemptions in a new value-added tax (VAT) law enacted as part of IMF-inspired reforms. The law states that the military does not have to pay VAT on goods, equipment, machinery, services and raw materials needed for the purposes of armament, defense and national security.The Ministry of Defense has the right to decide which goods and services qualify. Civilian businessmen complain that this can leave the system open to abuse. Receipts for a cup of coffee at private sector hotels, for example, add 14 percent VAT. Receipts at military hotels do not. Employees at the military-owned Al-Masah Hotel in Cairo told Reuters that no VAT was charged when renting venues for weddings and conferences.
  • The Ministry of Military Production is projecting that operating revenues from its 20 firms will reach 15 billion Egyptian pounds in 2018/2019, five times higher than in 2013/2014, according to a ministry chart. The ministry does not disclose what happens to the revenues. The chairmen of two of the firms said profits go to the ministry or are reinvested in the business.
  • “I don’t want to be a local shop. I want to be a company that has the capacity to export and compete internationally.”
  • Egypt’s military, the biggest in the Arab world, has advantages.It enjoys financial support from Saudi Arabia and the United Arab Emirates, staunch supporters of Sisi since he toppled the group they see as a threat to the Middle East, the Muslim Brotherhood. Western powers see Cairo as a bulwark against Islamist militancy. Egypt receives $1.3 billion in military aid annually from the United States alone.
  • The chairmen of two military engineering companies, Abu Zaabal Engineering Industries Co and Helwan Engineering Industries Co, said in recent years it had become much easier to access financing through the Ministry of Military Production.
  • The Ministry of Military Production signed a memorandum of understanding with China’s GCL Group last week to build a solar panel factory worth up to $2 billion. The military has taken over much of the construction of intercity roads from the Ministry of Transport and now controls the toll stations along most major highways.
  • Economists and investors say reforms tied to a $12 billion three-year IMF program signed in Nov. 2016 should lay the ground for economic expansion. But foreign investors are still shying away from Egypt, apart from those focusing on the more resilient energy sector. Non-oil foreign direct investment fell to about $3 billion in 2017 from $4.7 billion in 2016, according to Reuters calculations based on central bank statistics.  
  • foreign investors were reluctant to invest in sectors where the military is expanding or in one they might enter, worried that competing against the military with its special privileges could expose their investment to risk. If an investor had a business dispute with the military, the commercial officer said, there was no point in taking it to arbitration. “You just leave the country,” he said.
  • Among projects the Ministry of Military Production announced in 2017 was a plan to plant 20 million palm trees with an Emirati company and build a factory to make sugar from their dates. It agreed with a Saudi company to jointly manufacture elevators. The military inaugurated the Middle East’s biggest fish farm on the Nile Delta east of Alexandria.
  • In 2015, the defense minister issued a decree exempting nearly 600 hotels, resorts and other properties owned by the military from real estate taxes
  • Military companies receive an exemption from import tariffs under a 1986 law and from income taxes under a 2005 law. Cargoes sent to military companies do not have to be inspected.
  • At bustling Cairo squares, people line up to buy subsidized meat and other food handed out from trucks sponsored by the military. Sisi said he had instructed the military to enter the market “to supply more chicken to push down prices.”Some disagree with such measures on the grounds the military’s mission is to protect the country from external threats.“We have reached a point where they are competing even with street vendors,”
Ed Webb

US lobbying creates headaches for candidates back home - 0 views

  • Lobbying records first disclosed last week by Al-Monitor have played a role in today's presidential runoff in Tunisia, where candidate Nabil Karoui is under fire over a $1 million contract to help boost his chances. The revelations have prompted a Tunis court to open a criminal investigation not only into Karoui’s US activities, but those of two other political actors as well.
  • US lobbying laws, however, do not explicitly ban foreign actors from engaging in lobbying activities that would be illegal back in their home countries.
  • “FARA does not involve enforcing the laws of other countries. It is the responsibility of foreign agents to ensure that they are complying with all laws, both domestic and foreign.”
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  • In the case of Tunisia, it has fallen on the Tunis Court of First Instance to open a criminal investigation into Karoui’s contract with Canada-based Dickens and Madson following a complaint from his rivals. He is alleged to have broken two provisions of Tunisia’s electoral law: Article 80, which bans foreign gifts, including “propaganda,” and Article 81 on campaign contribution limits (the cap for the first round was around $625,000).
  • ensnared the Ennahda party, which has retained Burson-Marsteller (now BCW) for public affairs work in the United States since 2014, as well as parliamentary candidate Olfa Terras-Rambourg, who retained the Washington firm America to Africa Consulting in early September. While the FARA filing on behalf of Karoui openly aims at “attaining the presidency of the Republic of Tunisia,” those for Ennahda and Terras-Rambourg, however, are less incriminating and only aim to boost their image abroad without openly calling for electoral help
  • Two Turkish opposition parties, the pro-Kurdish Peoples’ Democratic Party (HDP) and the Republican People’s Party (CHP), are also registered as foreign agents in the United States. Both have US liaison offices involved in grassroots political organizing and advocating for certain policies while walking on a legal tight rope: Article 69 of the country’s constitution states that “political parties that accept aid from foreign states, international institutions and persons and corporate bodies of non-Turkish nationality shall be dissolved permanently.”
  • a bevy of Iraqi and Libyan political actors, from individual politicians to the Kurdistan Regional Government, also lobby independently of their central governments
  • “In a lot of cases,” she said, “the politicians or campaigns or political parties route the payments for these foreign influence operations targeting the US through shell companies or offshore accounts or other types of opaque financial structures, since it’s either disfavored in their country or in some cases illegal.”
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