Showing posts with label International Law. Show all posts
Showing posts with label International Law. Show all posts

Monday, March 27, 2017

Academic Integrity and the Problem of Profiting from Slavery and Racism

    March 27, 2017   No comments
by Ahmed E. Souaiaia*

Abstract: Teaching future generations is indeed a costly endeavor, especially when governments allocate little or no money to higher education. Universities’ administrators are always under extreme pressure to keep their institutions afloat. However, as learning and training institutions, universities instill values and norms that guide future citizens and professionals towards a better future. Therefore, the source of money is just as important as the amounts of money for universities and for the people they serve. It has been revealed that Georgetown University would not have survived if it did not profit from selling hundreds of human beings and participate in the cruel slave trade. Ostensibly, Georgetown is unable to totally break from its legacy of profiting from slavery and racism. Its dependence on money provided by Muslim individuals and/or Islamic regimes with a history of human rights abuses, sectarian, and racist practices raises questions about its ability to overcome and dispose of both Catholic and Islamic legacies of depravity and decadence.
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About 200 years ago, to save Georgetown College, priests sold human beings thus fully endorsing and profiting from the brutal, dehumanizing institution of slavery. To date, we've learned of the existence of records documenting at least 272 human beings, like Mr. Frank Campbell, who were sold so that that college would survive to become the institution we now call Georgetown University.  Evidently, for these priests, the survival of an educational institution outweighed the abuse of the dignity of hundreds of human beings. Today, to gain prominence as an elite university, Georgetown has established financial ties to individuals and governments with social and ideological affinity to racism, sectarianism, and absolutism. Georgetown's connections to Wahhabism and individuals who are interested in whitewashing that sect adds to the University’s legacy of exploitation in pursuit of elitism and financial advantages. Recently, Georgetown’s dark history with slavery was brought to the forefront once again when one of its faculty members used dubious logic and absolutist interpretation of ancient texts to argue that slavery is morally justified in Islam, a position that conforms to that held by groups like ISIL and al-Qaeda.



Saturday, February 4, 2017

Which Middle-Eastern countries agree with the ban?

    February 04, 2017   No comments
Neither the announcement of a nominee for the supreme court vacancy nor any other event were able to push down the Muslim Ban from the national and global news headlines. Even the man sitting in the White House could not avoid it. Three of his tweets on Saturday will create more problems for his administration than solve existing ones.

First, in support of the Muslim Ban, he claimed that "certain Middle-Eastern countries agree with the ban." We did the research: Only two countries, out of all Middle Eastern countries, made statements that could be construed as an endorsement of the Muslim Ban, United Arab Emirate and Saudi Arabia. 
 
Saudi Energy Minster defending Muslim Ban
These countries are neither model democracies nor can their rulers speak in the name of the majority of the peoples of the Middle Eastern countries, let alone Muslims. 

It is ironic that this administration, given its emphasis on the need to fight terrorism, would rely on a country that is implicated in the 9/11 attacks and that is the subject of a legislation from Congress about its possible connection to terrorist acts that killed American citizens.
  

The POTUS' tweet could explain why Saudi Arabia was left out of countries whose citizens are barred from entering the United States. Given the fact that Saudi Arabia falsely presents itself as the defender of Sunni Muslims and its rulers as the "servants of the two holy places," the POTUS may have thought that he can call on the rulers of the kingdom to issue a fatwa decreeing that the Muslim Ban is not  anti-Muslim. Apparently, even the Saudi rulers could not burn whatever "Islamic capital" they may have left among naive Muslims on supporting an order that American judges reject. Which takes us to the other tweet.

 
This administration has accused those who protest its actions and platform as sore losers who are attempting to delegitimize a legitimate president. Reasonable position, indeed. However, when the POTUS uses language that is intended to delegitimize a judge appointed by a president from his own political party, all credibility is lost. 
 Calling a judge who was appointed by a Republican president and who was approved without a single dissenting vote "so-called judge," gives others reasons and license to call him, the so-called president.
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http://www.amazon.com/Contesting-Justice-Women-Islam-Society/dp/0791473988?tag=a0645739-20
 

Monday, September 26, 2016

A leading Saudi Salafist fighting in Syria admits to committing war crimes

    September 26, 2016   No comments



The peaceful protest movement in Syria wanted political and constitutional reform so that all Syrians are included and that the Syrian people have the final say in who governs and on the source (constitution) of their authority to govern. Salafists do not believe in a constitution that is derived from the will of the people. They believe in imposing a particular and specific interpretation of Islamic traditions from the top down. 

For militant Salafists, the imposition of sharia, as they see it not as seen by the majority of Muslim scholar, was the end goal. The presence of many religious, sectarian, and ethnic groups in Syria made that vision incompatible with a Syrian society that is too diverse to reduce to a single monolith. These diverse communities knew that their struggle is existential, since Salafists framed the conflict as one between "Sunni Muslims" (Salafists), on one side, and apostates (murtadd), Alawites (nusayris), Shias (rawafid), and crusaders (salabiyin) on the other side. Salafists' actions in Syria reflect this framing of the conflict. They accused residents of towns that are predominantly inhabited by these communities of supporting Assad and they forced them out or placed them under siege. Members of the security forces were summarily executed. In most cases, these acts were videotaped and posted on social media to frighten civilians and force them to submit to their rule. Recently, the chief religious mufti of one of the largest armed groups in Syria admitted to committing war crimes by killing prisoners based on their religious affiliation


In an interview with a Lebanese paper, Abdallah al-Muhaysini, a leader of Jaysh al-Islam, which is a cover for Jabhat Fath al-Sham (aka Jabhat al-Nusra), Istaqim kama Umirt, and Ahrar al-Sham confirmed what has been reported since the start of the war in Syria. He admitted that his fighters target civilians who are "rawafid" and that they killed captured "nusayris" immediately. Salafist groups usually use derogatory sectarian names for warring parties to frame their war in Syria as being aimed at purging that country from non-Salafists.

This admission would have serious legal implications for individuals and governments known to have supported these groups, including Qatar, Saudi Arabia, and Turkey. Al-Muhaysini has had elaborate connections to foreign intelligence services and he formed working relations with all Salafist fighting groups in Syria which he urged to unite in a single army. He threatened those who refuse the unification. The admissions to war crimes and his threats could lead to his assassination.

Sunday, September 8, 2013

Deficiencies in the arguments for a U.S. war on Syria and the perils of military intervention in Syria without UNSC authorization

    September 08, 2013   No comments


by Ahmed E. Souaiaia*
UNSC
Answering a reporter’s question if bombing Syria is needed in order to preserve his credibility since he was the one who set a red line, President Obama replied: “First of all, I didn't set a red line. The world set a red line. The world set a red line when governments representing 98 percent of the world's population said the use of chemical weapons are abhorrent and passed a treaty forbidding their use even when countries are engaged in war. Congress set a red line when it ratified that treaty..."


It is true that international law and treaties have prohibited the use of certain weapons nearly a century ago. But UN Charter, the backbone of international law, also had established the proper response to any breach of these treaties. Outside the doctrine of self-defense from an imminent threat, no nation should attack another UN member state without authorization of the UN Security Council (UNSC). If nations were to act unilaterally, would U.S. leaders ratify a treaty that would allow, say the Soviet Union or China, to bomb the U.S. for actually using illegal weapons in Vietnam and other places?


The credibility of the President and that of the United States government will be further eroded if the President stubbornly rushes to war without UNSC resolution or making the case for self-defense. Attacking Syria under any other pretext will add to the image of the U.S. as being a bully who acts above the law and for suspect reasons. The UNSC could not act without evidence and part of that evidence was being collected by UN Inspectors who were in Damascus when the chemical attacks took place. Curiously, however, President Obama wanted to attack Syria (some expected an attack on Thursday) when UN Inspectors had just arrived to the scene.


Administration officials will point out that they sought UNSC approval but China and Russia were not supportive. The Chinese and the Russian leaders have argued that military action can be taken only when credible evidence of use of chemical weapons is presented. Russia’s president went further declaring that his country would support military action against any party in Syria should evidence be presented to the UNSC. That position seems more credible and logical than that of someone wanting to act first and ask questions later.


The Administration justified its desire to unilaterally attack Syria by arguing that (1) Russia and China are preventing the UNSC from acting, (2) the U.S. has enough evidence to prove that Assad and only Assad could and have used chemical weapons, (3) the killing of civilians near Damascus is too obscene to ignore, (4) only the regime has the capability to deploy chemical weapons, and (5) military action is the only way to force Assad to come to the negotiating table.


These are utterly weak arguments and grossly inaccurate statements.


First, Russia and China said that they did not see any credible evidence that identify the perpetrators and that they have evidence of their own that the Syrian opposition groups possessed chemical weapons and have used them in the past. In fact, allegations of use of chemical weapons in at least three other places were the reason for sending the UN Inspectors to Syria in the first place.


Second, there is always room for additional evidence to convince responsible members of the UNSC to authorize an extraordinary act, such as attacking a sovereign nation. Moreover, if the UNSC veto system is what is preventing the UNSC to act responsibly, the U.S. should join other nations that are calling for reform. But to complain, now, about the use and abuse of the veto when the U.S. has used and abused it more than the other four nations combined is indeed hypocritical and that is what erodes the President’s credibility and that of the nation’s.


Third, the slaughter of Syrians became obscene when the peaceful uprising was militarized and when Qatar and Saudi Arabia provided dangerous weapons to fighters with sectarian agenda, not today. Administration officials are quick to cite that 100,000 Syrians were killed. But what they will not cite is that 56,000 of 100,000 were killed by the rebels. In fact, 41,000 of the victims are Alawites—Assad’s sect. This disproportional killing of minorities is what sustains the regime: many Syrians belonging to Alawite, Druze, Shi`i, and Christian minorities think that Assad is the only man standing between them and a Taliban-like regime. Just Thursday, al-Qaeda affiliates took over a Christian town forcing frightened residents to flee; a mass slaughter is expected unless government forces retake the town soon. Recently, al-Nusra fighters have attacked Kurdish towns, forcing many residents to seek shelter in Northern Iraq. The Syrian regime could have collapsed during the first three months if the world community provided a credible alternative that will protect minorities from al-Qaeda affiliates and their sponsors.


Fourth, it is not an established fact that only the regime has the capability to deploy chemical weapons. That conclusion is not based on hard evidence; it is based on deductive and inductive reasoning. Be that as it may, it is reasonable to believe otherwise. Briefing leaders from the Friends of Syria group, the leader of the Free Syrian Army stated that he commands more than 80,000 disciplined troops who were members of Syrian armed forces and defected. With that being the case, is it inconceivable that some of the officers who defected know where some of the chemical weapons are and how to deploy them? Given the level of cooperation between the rebels, is it inconceivable that such information and knowledge was passed to extremist groups? Given the determination of Qatar and Saudi Arabia to overthrow the regime at any cost, is it inconceivable that such regimes provided crude chemicals that could be weaponized to rebels? Rebels have overrun many military installations in the past, is it inconceivable that they found some chemical weapons at those sites? Indeed, the brutality of the regime as described by its opponents is matched only by the cruelty of some rebel groups as described by the videos and statements they themselves have released. To romanticize the rebels and deaminize the government is destructive political bias or willful ignorance.


Fifth, the idea that the Syrian regime needs to be convinced by an act of war to attend political talks is factually untrue. It is the so-called National Coalition of Syrian Revolution and Opposition Forces that refused to attend the proposed talks known as Geneva-2, not the regime. The U.S. administration is in fact incapable of convincing the opposition groups to attend Geneva-2 because Saudi Arabia, Qatar, and Turkey are opposed to a political settlement.


Lastly, the Administration (see Kerry’s statements to Congress) is twisting the fact to support its case for war when it quantified the rebels by stating that “moderates” are stronger than “extremists.” One does not need classified intelligence these days to know that that is not true. Still, the CIA, foreign intelligence communities, and NGOs have all concluded that al-Qaeda-like rebelsare stronger and better equipped than fighters of the Free Syrian Army, the so-called moderate opposition.


For any nation, the only way to start a war against another country without UNSC authorization is in self-defense. The President needs to make the case that the Syrian government is an imminent threat to United States’ national security. He needs to make that case to the American public and Congress. The credibility of the UNSC is in acting within the framework set for it by its member states. Starting a war unilaterally will weaken the only international regime that strives to maintain world peace and security. The President ought to think about the long term effects of his rush to war. After all, public opposition (under 29% support the attack provided that there are evidence that Assad used CW against civilians) to his desire to act in Syria was due, in part, to another U.S. president’s rush to start another illegal war in Iraq. He ought to stop the cycle not perpetuate it.


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* Prof. SOUAIAIA teaches at the University of Iowa. Opinions are the author’s, speaking on matters of public interest; not speaking for the university or any other organization with which he is affiliated.

Tuesday, August 27, 2013

Attack on Syria,multilateral approach to resolving this crisis remains a crucial instrument

    August 27, 2013   No comments
by Henelito A. Sevilla, Jr.* 

Recent gas attack to a civilian population in the suburbs of Syria that led to the death of hundreds of Syrian was undeniably a crime against humanity and merits an international intervention. The attack was the “largest mass killing of the Syrian Civil War” and the “most deadliest chemical weapons attack” in the region since former President Saddam Hussien used poison gas to kill thousands of Kurds during the Halabja massacre on March 16, 1988 in Southern Kurdistan, Iraq.

For many of the countries in the world, the gas attack against Syrian civilians is a wake up call that civil war in Syria has indeed crossed the “red line” and must be addressed immediately to stop the increasing number of killed civilians and to make sure that such kind of attack will not be repeated again.

In response to this attack, major countries in the world such as the United States, France and Great Britain have both sent a clear and strong signal that they will run after the criminals and prosecute them accordingly for the crime committed against humanity. Despite the absence of strong evidence, there had been a strong allegation regarding the possible involvement of the Assad regime in the issue-an allegation which has categorically been denied by the Assad regime. Russia has also come to Assad side citing that western countries have no proof of Assad regime’s involvement of the attack.

Until a final UN report is provided, here are at least three possible angles we need to look at on who and what motivates this attack:

a. That allegation of Assad regime involvement in gas attack may be true given that the regime has reportedly been keeping nuclear and chemical weapons;
b. That Syrian rebels are involved in the attack and eventually put the blame on Assad's regime to encourage western intervention; and
c. That some imported militias especially Islamists are behind the attack to complicate the possibility of reaching agreement and compromise between the rebel groups and the regime.

Until United Nations' inspectors complete the final investigation and release a report, it will be difficult to identify the responsible party for this criminal act. Hence, any military effort targeting the regime's forces on the grounds may not provide a solution. Instead it will complicate the problem.

In addition to this, any move to intervene militarily -either limited or in full scale- without the blessings of the United Nations Security Council (UNSC) will not only violate international law but above all question the moral and ethical objective of the military intervention. It will question the fundamental principle of intervention to protect the Syrian civilians on the ground and lastly it would simply contribute to the escalation of the conflict to the highest level where more damages and more lives will be lost.

Therefore, any intervention in Syria must be carefully calculated and must be carried out through the auspices of the United Nations Security Council and not just by one of few powers. Multilateral approach to resolving this crisis remains a crucial instrument.

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*Henelito A. Sevilla, Jr is an Assistant Professor at the Asian Center, University of the Philippines, Diliman. He holds a Ph.D. in International Relations from the University of Tehran, a Master’s degree in International Relations from the University of Shahid Behesti, Tehran, Islamic Republic of Iran and Bachelor of Science in International Relations at the King Faisal Center for Islamic, Arabic and Asian Studies, Mindanao State University, Marawi City, Philippines.



Friday, February 1, 2013

Revolutions and rebellions and Syria's paths to war and peace

    February 01, 2013   No comments
by Ahmed E. Souaiaia*

Another massacre in Syria: click  on image to view video

In less than a month, peaceful Tunisian and Egyptian protesters ousted two of the most authoritarian rulers of the Arab world. The human and economic costs: a total of about 1100 people dead (300 in Tunisia and 800 in Egypt) and some decline in economic growth. These were the dignity revolutions. In contrast, the Syrian peaceful uprising quickly turning into armed rebellion is now 22 months old with over 60,000 people (civilians, rebels, security and military officers, women and children) dead, more than 4,000,000 persons displaced from their homes, and destruction estimated at $70 billion. This is now, without doubt, an ideological/sectarian civil war. Short of a genocidal outcome, the only path to peace is that which relies on reconciliation and dialogue. There can be no preconditions because all sides have blood on their hands at this point. This reality, and the staggering numbers cataloging death and destruction might, forces all sides to reassess their previously held positions. Ideologues who wanted to bend the path of a legitimate peaceful revolution to meet their narrow political and sectarian ends can no longer ignore this reality and the state of the country. The fast emerging developments support these hypotheses.



Earlier this week, the president of the National Coalition for Syrian Revolutionary and Opposition Forces (the National Coalition), Mouaz al-Khatib, announced that he is ready to talk directly with representatives of the Syrian regime. He insisted however, that the regime releases 160,000 detainees and renew or extend expired passports for Syrians living outside the country. Meeting on Wednesday in Cairo, some members of the National Coalition slammed al-Khatib, accusing him of straying from the Doha agreement, a document on the basis of which the National Coalition was formed.

In the light of the disagreements, one must ask: why did al-Khatib offer to hold direct talks with representatives of the regime? For answers, we must look at the recent events related to the Syrian crisis. I will highlight some of these events that could reconstitute the National Coalition or force the resignation of its current president.



1. Immediately after the formation of the National Coalition, the U.S. administration placed one of the main Syrian armed groups, Jabhat al-Nusra, on the list of terrorist organizations. The measure created a filter that limited the flow of arms into Syria. The legal implications of the label of terrorism split the opposition and tempered Saudi and Qatari enthusiasm for arming it. The categorization of the opposition into terrorist and non-terrorist groups was further enhanced by France’s intervention in Mali and the French media’s accusation of Qatar of supporting extremist groups in the Maghreb.

2. Three weeks ago, Assad gave a speech in which he called for reconciliation talks that excluded opponents he called "terrorists." Syrian officials said this week that political opposition figures could return to Damascus for "national dialogue" and that any charges against them would be dropped. In the same speech, Assad announced plans for a reconciliation conference with opposition figures "who have not betrayed Syria.” He totally ignored plans by the UN envoy, Lakhdar Brahimi, who, according to some observers, was close to bridging the gap between Russian and American plan for solving the Syrian crisis. Assad’s speech practically rendered Brahimi’s efforts irrelevant.

3. This week (on Thursday), EU foreign ministers agreed to keep in place the ban on exporting arms to the Syrian opposition. This decision was a upset to efforts by some leaders of the National Coalition who met earlier in the week (Monday and Tuesday) to ask for $500 million and arms. The meeting, which al-Khatib did not attend, failed to provide the National Coalition with any tangible support. Moreover, early last week, France’s foreign minister acknowledged that there is no indication whatsoever that Assad is about to be overthrown and he communicated this new assessment to the so-called “Friends of Syria” when representatives of about 50 countries and organizations met in Paris. Initially, the National Coalition planned to announce the formation of a government in exile during this meeting. But the lack of enthusiasm “delayed” the announcement.

4. Compared to the failed meetings in Paris and Cairo, several other international gatherings about Syria were held around the world and have produced actual results that could help the Syrian people mitigate the economic and political problems they face. One of such meetings was held in Kuwait to raise money for Syrian refugees and displaced civilians. This meeting was not political and perhaps because it was not political it was very successful. More than $1.6 billion was raised in two days. Importantly, the meeting, which was attended by representatives of many countries, including Russia and Iran, highlighted the extent of human suffering and the horror of war. Although the Syrian government was not represented, its authority was nonetheless preserved since the money that is intended to be used to help displaced Syrians inside and outside Syria will be managed by a UN agency, which will coordinate parts of its activities with the Syrian government. This fact could explain al-Khatib’s comment about expired passports. Apparently, he realized that despite France’s (and a handful of other countries’) recognition of the National Coalition as the sole legitimate representative of the Syrian people, Assad’s regime is still the only legitimate government in Syria. A second gathering was held in Geneva and it brought together about 300 representatives of the so-called “civil opposition” and international NGOs. The participants issued a declaration calling on the world community to take steps to end the violence in Syria on the basis of the International Geneva Agreement. Specifically, the participants agreed to “negotiations between the opposition and the regime to implement the International Geneva Agreement, for issuing a constitutional declaration to create a Government with full power to administrate this stage, and work to bring about fair legislature and presidential elections, under international supervision.”

5. This week, too, more shocking images of horror emerged: 80 bodies of Syrian civilians were pulled out of a river near Aleppo. The images showed more victims of summary executions. The Syrian government accused “terrorists” of kidnapping and executing civilians living in neighborhoods known for their support to Assad. The opposition groups accused the regime of the brutal killings. Only an independent investigation could determine the identity of the victims and the perpetrators. Nonetheless, regardless of the identity of those who committed this horrible crime, the images remain shocking. The horrific scene of bodies scattered along the river bank made more people realize that the agony of the Syrians is indescribable.

6. Adding to these crucial developments, a spokesperson for the National Coalition announced today (Friday) that “Syrian National Coalition President Moaz Alkhatib will meet U.S. Vice President Joe Biden, Russian Foreign Minister Sergei Lavrov, United Nations envoy Lakhdar Brahimi.” Reacting to this announcement, Lavrov’s deputy Gennady Gatilov tweeted, “Media reports about the upcoming Munich meeting… are not true.” It is not surprising that Russia would hesitate in granting al-Khatib a high profile meeting given that the latter, when he was selected to head the National Coalition, demanded that “Russia apologizes to the Syrian people.” Russian officials are unlikely to agree to a multilateral high profile meeting that includes a figure they characterized, then, as “amateur.” In other words, this proposed meeting might turn into a series of one-on-one conversations to assess the situation and suggest a path forward. It is unlikely that such a meeting, even if it were to happen, will result in a breakthrough given the gap between Russia and U.S. positions on Syria and the disagreements within the National Coalition.

Notwithstanding this public dissent, and in the light of all these important developments, it is likely that some leaders on both sides are now convinced that there must be an end to the bloodshed, suffering, and destruction. Al-Khatib might be one of them. After all, and despite being attacked by his colleagues from the National Coalition, al-Khatib appeared on an Arab television after the Cairo meeting and declared that he is master of his own decision. He said that he stands by his statement on talks with the regime. He also said that he was not pressured or enticed by anyone or any country but his stand is based on his personal concern for the lives and welfare of the Syrian people. When asked if he is acting in contravention of consensus among the leaders of the Coalition, he replied, “the Coalition members have agreed always to alleviate the pain and suffering of the Syrian people.”

Indeed, al-Khatib’s new position might be dictated by his realization that Syria could not and should not endure this horror for another 22 months. It is also possible that he finally realized that the support promised by the sponsors of the National Coalition may never materialize. In a sense, his about-face regarding talks with the regime to which he previously vowed not to talk is either an act of political maneuvering or a cry of despair. Perhaps, now, the Syrians can trust each other and rely on one another and put an end to an unwinnable civil war. Relying on the regional and world powers has proven to be a costly participation in a proxy war that is devastating the country and further pushing Syrians to the brink of sectarian and ideological war that will certainly fragment the Syrian society and destabilize the entire region.
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* Prof. SOUAIAIA teaches at the University of Iowa. He is the author of a number of books and articles. Opinion herein are the author’s, speaking on matters of public interest; not speaking for the university or any other organization with which he is affiliated.

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