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Iran Diplomacy

Posted on 02 February 2012 by Tea Server

What are the prospects for a diplomatic settlement to the simmering dispute with Iran over its nuclear program, now threatening to boil over?
On the positive side of the ledger, as Peter Crail spelled out in an Arms Control Association issue brief on Jan. 25, is that the P5 + 1 group (China, France, Germany, Russia, the UK and the US) is not insisting the Iran permanently forgo uranium enrichment–only that it agree to tighter safeguards that would guarantee its nuclear activities are purely peaceful.That position represents a welcome improvement on the Bush Administration’s pre-2006 position, which was the Iran had to give up enrichment for good.

Crail does a nice job of laying out ideas about how Iran might be persuaded to limit dubious activities in the near term, including a Russian “step by step” proposal, the elements of the proposed 2009 fuel swap agreement, and the 2006 and 2008 P5 + 1 proposals. At the same time, he says with some emphasis that “it will also be necessary to have some idea of what the end-goal of such engagement [with Iran] might be.”

Another somewhat positive element is Iran’s declared willingness to enter into talks about stopping 20 percent enrichment, though it still declines to discuss an agreed-upon mechanism that would allow it to resume enrichment following a suspension. Serious concerns linger about whether it is still just trying to “run out  the clock”–obtain relief from international pressure in the near term, leaving it free to build nuclear weapons when it is ready in the longer term.

Then too there is intelligence chief James Clapper’s recent congressional testimony, in which he declared that while Iran is continuing to pursue a nuclear weapons capability, there’s no evidence it has taken a final decision to actually build nuclear weapons as yet. That finding, as fellow blogger Jodi Lieberman pointed out this week, is sharply at variance with Israel’s assessment.

On the negative side of the ledge is Israel’s alleged readiness to take military action soon, having found that all conditions for such action are met, as reported in a lengthy New York Times magazine article by  Ronen Bergman on Sunday. What is curious about the article, let it be said, is that though Ronen claims conditions for action exist, he ends his article with a rather impressive list–albeit by no means an exhaustive one– of very bad things that might result from a raid.

What seems singularly disturbing about the Ronen article is that it appears to have been planted, Israeli defense minister Ehud Barak having summoned Ronen for lengthy conversations that led to the article. Might the Israeli government be trying to push the U.S. government into taking action itself, or at least acquiescing in an Israeli strike, calculating that a pre-election Obama will be easier to influence than a re-elected Obama?

One can only hope that the Obama Administration is impressing on Israel just how badly a raid could go wrong. Many influential Israeli defense and intelligence officials concede that military action at best will slow Iran’s nuclear program, not end it for good. Retaliation by Hamas and Hezbollah is almost taken for granted. But what if Iran struck back at Iraq, which Israeli fighter-bombers would have to fly over to reach Iran and return? What if Saudi Arabia, more heavily armed with sophisticated weaponry than ever before, got involved? Or Egypt, where the military is vying with the Muslim Brotherhood for control of the country? Or the beleaguered Syrian government?

All such considerations argue for continuing diplomatic efforts at reaching both interim agreements and a final comprehensive settlement, in which many highly loaded issues will likely come into play: not just lifting of sanctions but diplomatic recognition of Iran; diplomatic recognition of Israel and acknowledgment of its right to exist; understandings about contending influences in Iraq and Lebanon; Israel’s nuclear status and prospects for a Middle East nuclear free zone.

Admittedly, it would take diplomacy of the very highest order to somehow bundle a settlement of Iran’s nuclear status with resolution of just some of those other major issues. But that kind of diplomacy is what the occasion calls for.

Iran has already incurred very high costs in its pursuit of a nuclear weapons capability, and that capability has become a major point of national pride. No Iranian government will not give up that ambition without being able to boast of having obtained substantial tangible benefits in return.

 

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War Crimes 2011 Year In Review – Africa

Posted on 04 January 2012 by Tea Server

 

Person of the Year – Fatou Bensouda

The face of international war crimes prosecution is now an African woman.  Fatou Bensouda was chosen to succeed Luis Moreno-Ocampo as the International Criminal Court’s Chief Prosecutor in December.  Bensouda has formerly served as Solicitor-General in Gambia, and as an adviser and trial attorney at the International Criminal Tribunal for Rwanda.  The choice of Bensouda will help the I.C.C.’s image in Africa where all of the crimes in cases being prosecuted at the court occurred.   When Bensouda takes over in June she will become only the second Chief Prosecutor for the I.C.C. and the first African.

 

Sudan

South Sudan gained independence in July as Omar al Bashir’s genocidal campaign expanded. Civilian targets in Darfur and South Sudan continue to suffer dozens of casualties weekly by aerial bombardments from the north, while the targeted killing of civilians has expanded to South Kordofan and Blue Nile regions where mass killings and mass rapes began before South Sudan officially existed, and continue to this day. Meanwhile Sudanese president/genocidaire Bashir has received less pressure and softer criticism from Western governments than other Arab leaders despite his body count being larger by magnitudes. Bashir has a warrant issued for his arrest by the I.C.C. but still managed to visit Malawi, Djibouti, Egypt and China last year with impunity.

 

Côte d’Ivoire

Laurent Gbagbo became the first former head of state to appear before the International Criminal Court, in December.  The former president of Ivory Coast was arrested in April after months of violence in the country which claimed 3,000 lives resulting from Gbagbo’s refusal to relinquish power after being defeated in the 2010 presidential election by Alassanne Ouattara. The I.C.C. is continuing its investigation into the situation in Ivory Coast where former chief prosecutor Moreno-Ocampo has described attacks against civillians there as widespread and systematicPro-Ouattara forces are also suspected of ethnically motivated massacres.

 

Libya

On June 27th, Moammar Gaddafi became the second sitting head of state issued with an arrest warrant by the International Criminal Court.  Warrants were issued for Gaddafi for crimes against humanity following the February 15 uprising, along with his son and de-facto Prime Minister at the time Saif Al-Islam Gaddafi, and for Intelligence Chief Abdullah Al-Senussi.  The case against Moammar Gaddafi was terminated in November following his death.  The I.C.C. is working with Libya on possible avenues of prosecution of Saif Gaddafi who is in Libyan custody, deciding whether the trial will occur in Libya, The Hague or both.  Conflicting reports persist as to whether Al-Senussi has been captured or remains at large.

 

Kenya

The ‘Ocampo Six’ faced Confirmation of Charges hearings in September and October and expect a ruling on whether their trials will proceed at the I.C.C. in the first few weeks of the new year.  Six high rankings officials, including two candidates in this year’s presidential contest, are being charged with crimes against humanity relating to the 2008 post-election violence.  The ‘Six’ hopes of dismissal were bolstered by the Court’s decision in December declining to confirm charges against Callixte Mbarushimana for allegedly orchestrating attacks on civilians in the D.R.C. from abroad.  Mbarushimana has also been implicated in murders during the Rwandan Genocide and has been released in France.

 

Sierra Leone

The trial of former Liberian war lord and president Charles Taylor concluded in March at the Special Court for Sierra Leone.  Two months later contempt proceedings commenced upon reports that prosecution witnesses were being sought out and offered bribes to recant their testimony.  The judges are still in deliberation and a verdict is expected in early 2012.  Wikileaks released a 2009 cable showing U.S. diplomats trying to arrange to extradite Taylor for trial in America if he is acquitted at the S.C.S.L.  Taylor is currently on trial for his involvement in the Sierra Leonian Civil War and at trial has been accused of commanding the Revolutionary United Front, and using them primarily as a diamond pillaging force, killing and maiming thousands of civiallians during the war. 

 
Central African Republic

The trial Jean-Pierre Bemba Gombo continued all of 2011 with the prosecution expected to wrap up its case in February of 2012.  The trial set a record for allowing 1,681 victims to take part in a trial at the I.C.C.  Former C.A.R. president Ange-Félix Patassé died in April preventing any future prosecution for crimes committed by Movement for the Liberation of Congo forces, as their overall commander.

 
 

Democratic Republic of the Congo

 

The second trial in the I.C.C.’s history – against Germain Katanga and Mathieu Ngudjolo Chui concluded less than three months later.  Ngudjolo and Katanga are, like Lubanga, charged with crimes which occurred in the D.R.C.’s eastern Ituri province.  Ngudjolo and Katanga are alleged to have been responsible for an ethnically motivated attack on the village of Bogoro.  Katanga, who was the first defendant at the I.C.C. to testify on his own behalf, denied the ethnic dimension of the conflict in Bogoro.  Ngudjolo took the stand denying that he was even present.  These verdicts in early 2012 will set the tone for Bensouda’s Office of the Prosecutor, and for future I.C.C. trials.

 

Rwanda 

The International Criminal Tribunal for Rwanda wrapped up its last calendar year in 2011.  In July of 2012 the new International Residual Mechanism for Criminal Tribunals is set to take over the remaining work of the ICTR (and that of the ITCY in 2013) which is currently estimated at less than 4%.  Two former National Republican Movement for Democracy and Development leaders were sentenced to life in prison for their roles in the 1994 Genocide in December, meanwhile convicted Genocide architect, former Rwandan Defense Ministry Chief of Staff, Theoneste Bagosora’s life sentence was commuted to thirty-five years after appeals judges cleared him from charges surrounding some mass murders, while maintaining his conviction for genocide.  In light of the impending closing of the ICTR and improvements in the Rwandan judicial system, the tribunal made its first referral of a genocide case to the domestic courts in Rwanda.  Just five years previously the Tribunal refused to make such referrals citing the Rwandan court system’s inability to adequately administer justice.  Since its inception in 1994 eighty-three of the ninety-two people indicted by the tribunal have been arrested; sixty-three have been sentenced to jail terms spanning from nine months to life imprisonment; five accused are still on trial and nine remain at large.

 

 

 

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Criminal silence and the business of fatwas

Posted on 14 December 2011 by Tea Server

By Ali K Chishti

So important is the business of fatwas that when Masood Azhar was re-launched by certain security agencies after he returned in exchange of some passengers from Kandahar as the ‘new saviour’, a fatwa was needed to launch his Jaish-e-Muhammad. And when one of the three prominent Deoband leaders, Maulana Yousaf Ludhianvi, refused to give a fatwa in favour of Azhar, he was shot dead in Karachi.

Understandably, fatwas play a huge role within the terrorist community where there’s a rat race over whose giving out which fatwa against whom. In fact, former Azad Jammu and Kashmir prime minister Mumtaz Rathore famously said, “How can you stop us from jihad when religious scholars gave a fatwa that Rs 430 million Zakat Fund could be spent on jihad?”

While there’s no denying the role of fatwas, what’s mind boggling is how most prominent Pakistani clerics and muftis refuse to give out fatwas against organisations such as the TTP and suicide bombing when over thousands of innocent Muslims are killed in terrorist attacks carried out by fellow Muslims? A top Interior Ministry official confirmed with Daily Times, “Rehman Malik and the Interior Ministry have tried their best to seek fatwas from influential Deobandi and Ahl-e-Hadith clerics but they simply refuse to give out fatwas.”

While in Islamabad, under the government’s supervision, major Sunni Muslim scholars, academicians, thinkers and political leaders publicly condemned suicide bombings and universally agreed that suicide bombing is anathema, antithetical and abhorrent to Islam, it is a legally reprehensible innovation in the religion, is morally a sin combining suicide and murder, and it is theologically an act of eternal culmination for all perpetrators.

“Not good enough. They are considered sell-offs – the legit clerics would never give out fatwas or even talk openly against suicide bombings because that would ruin there reputation within the respected sect and they can be killed,” an intelligence chief told Daily Times.

It’s interesting to note that Dr Tahirul Qadri, a prominent Pakistani scholar, recently gave out a 600-page fatwa against both suicide bombing and al Qaeda, which a prominent Deobandi cleric, with massive presence in Karachi, rejects as “nothing more than a PR exercise”. It should also be noted that the conference in which Dr Qadri gave out the fatwa was sponsored by a British counter-terrorism think tank, Quilliam that is founded by ex-Hizbut Tahrir member Majid Nawaz.

Fatwas also play an important part in sectarian conflicts where clerics, especially from Deobandi and Barevli sects, refuse to consider each other and often give out fatwas against each other, branding each other as ‘infidels’. In fact, when Daily Times reached a staunch Deobandi cleric, famous for refusing to lead prayers with anyone who wears Western outfits, Maulana Zarwali Khan Sahib of Majid Ahsanul Uloom, Gulshan-e-Iqbal, he bluntly refused to condemn suicide bombings on Sufi shrines and other targets.

It is to be noted that Dr Sarfaraz Naeemi of Jamia Naeemia and a focal voice against suicide bombings, who had given out a fatwa against them, had been killed in a suicide attack on June 12, 2009. Another prominent voice and a central leader of the Sunni Tahreek whose entire leadership had been wiped off in the Nishtar Park suicide bombing in Karachi told Daily Times, “What should we do to protect ourselves? They (Deobandis) have support of virtually everyone in the security agencies, and Saudi Arabia is funding them – we are the ones who are the orphans.” It is to be noted that only this year, three major Sufi shrines had been hit for the first time in what are being described as the worst attacks on the very foundation of Barelvi Islam.

The biggest service, one insider told Daily Times, would be if “folks such as Taqi Usmani openly condemn suicide bombings”. It is to be noted that Mufti Taqiuddin Usmani, who is the former grand mufti of Pakistan and the vice chairman of the PIC’s Islamic Fiqh Council, and has a huge clout over the Deoband sect and even Ahl-e-Hadith seminaries and followers, to this date has not signed the fatwa forbidding suicide attacks in Pakistan despite repeated efforts by the government. Mufti Taqi Usmani also did not come out openly to condemn the recent attacks on Sufi shrines and refused to speak on the subject.

An Interior Ministry official also confirmed with Daily Times, “Taqi Usmani is a problem and a key man who can save a lot of lives by giving out one single statement.” A well-informed diplomatic source told Daily Times, “Even Osama Bin Laden needs fatwas. After all, it was an operational fatwa issued by an Egyptian leader of the Gama’ah Islamiya, Sheikh Omar Abd al-Rahman that resulted in the assassination of president Sadat and the first attack on the World Trade Centre in 1993. In Pakistan, we have many Sheikh Omar Abd al-Rahmans.”

It is to be noted that over 400 people have so far been killed in suicide attacks in Pakistan alone.

Syndicated from: AKC

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