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

March 27, 2017

Academic Integrity and the Problem of Profiting from Slavery and Racism

    Monday, 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.



February 4, 2017

Which Middle-Eastern countries agree with the ban?

    Saturday, 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
 

September 26, 2016

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

    Monday, 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.

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

    Sunday, 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?

August 27, 2013

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

    Tuesday, 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.

February 1, 2013

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

    Friday, 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.

October 15, 2012

Free Syrian Army may have committed war crimes and crimes against humanity

    Monday, October 15, 2012   No comments
by Ahmed E. Souaiaia*

Armed opposition groups operating inside Syria may have violated international humanitarian law by committing war crimes and crimes against humanity. Arguably, some members of the Syrian troops may also have committed similar violations. However, the self-incriminating evidence released by the Free Syrian Army (FSA) groups is simply overwhelming. The evidence used in this research note is gathered from documents, images, and videos released by both parties (the FSA and the Syrian government) and not independently collected from the field.

February 8, 2012

Israel will not bomb Iran this year

    Wednesday, February 08, 2012   1 comment

I recognize that it is injudicious to make emphatic predictions like this one and it is especially impolitic to do so without access to all information. In this case however, all critical information is publicly available. The only important piece of information that we don’t know is whether or not Iran has or is close to having a nuclear bomb. But all those who are supposed to know don’t really know. The most recent estimate suggests that Iran could have the capacity, the knowledge, and the material to produce several crude nuclear bombs within one year. Similar claims were made at least five other times in the past 25 years.

Increasingly, talking about Iran as a nuclear threat is becoming an exclusive hobby for politicians. Although some of the Arab regimes feel equally threatened by a nuclear Iran, only Israel seems to emerge as the subject of this threat. Israeli leaders have made it clear that a nuclear Iran is an existential threat and that they will do whatever is necessary to eliminate that threat, including a preemptive military attack. Unexpectedly, some U.S. officials, including Secretary of Defense Leon E. Panetta, went as far as setting a time for such an Israeli military strike: this spring. Nonetheless, here are several reasons why, in my opinion, Israel will not attack Iran this year.

February 2, 2010

Under international law and treaties, children should have rights to culture and ancestry

    Tuesday, February 02, 2010   No comments


Haitian children sit in the Canadian run Masion Enfants Espoir orphanage Friday, Jan. 29, 2010 in Port-au-Prince, Haiti.
Haitian children sit in the Canadian run Masion Enfants Espoir orphanage Friday, Jan. 29, 2010 in Port-au-Prince, Haiti.
AP Photo/The Canadian Press, Ryan Remiorz.
It is being reported in the news this week that Baptist missionaries from Idaho have been accused of attempted kidnapping. They were detained as they tried to transport 33 Haitian orphans to the Dominican Republic. The Haitian government contends that the children were not orphans. This is not the first time that children in countries with unstable governments or in war zones fall victims of illegal transfers.
In October 2007, Chadian police arrested nine French nationals as they prepared to fly more than 100 children to France. At the time, Chadian President, Idriss Deby, said, "it's inadmissible in the 21st century. The entire world needs to witness this. We are going to take all the necessary steps, administrative and judicial to shed light on the kidnapping of the children from Chad and Sudanese refugees."
The French aid group, Zoe's Arc, said it had arranged French host families for the children. The group's secretary-general said the group asked host families for $3400 each to pay for the operation's logistics. Most children interviewed said they are not orphans, and their parents are still alive.
Reports of child kidnapping in Afghanistan, Iraq, Sudan, and Somalia have increased in the last decade. But even in countries with stable governments, too, children are kidnapped and either sold as sex slaves or for organ harvesting.
The danger facing helpless children should make everyone more careful, and that includes those so-called well-intentioned individuals who think they are “just trying to help.” In fact, as a society, we should reevaluate the adoption process and make it more humane and not merely a solution for groups to please their gods or couples to make their families whole.
Undoubtedly, it is a heinous crime that only a deranged, savage individual could commit when they take away children for profit or pleasure. But I would argue that it is still immoral, unethical, and illegal to uproot children from their natural environment under the pretext of providing them with “a better life.”
We can learn more about the ethics and legality of child-uprooting from the well-publicized cases when “celebrities” adopt children from Africa.
Standing in a Malawi court next to the famous singer, the father of the child Madonna wanted to adopt, Yohane Banda, who can barely read or write, said, “I looked directly into her [Madonna’s] eyes and said, “Although I am giving you my son I want you to look after him well as he is the only one I possess. I want you to keep this boy, raise him, educate him - but you have to know he is my son and he is a Malawian.””
When interviewed by the media then, Banda, whose wife Marita, died a week after their son was born, admitted that he did not fully understand what was happening when he went to court to see for the first (and only time) the woman who was offering his 13-month-old son, David, a new life in the West. He claimed that he thought that Madonna will send his son back to him and his country when David is an adult. It must be noted that Madonna was able to adopt a child from a country where the law prohibits adoptions by non-residents.
Other famous and rich Westerners have always gone south or east to adopt children. Angelina Jolie reportedly indicated that she wants to adopt a child from each continent. Considering the wealth of some of these individuals, they can adopt the children of an entire tribe or an entire country if they wanted to do so. But for many, adoption is not about offering poor children from the jungle “a better life;” it is about self-fulfillment.
An African child should not be a ticket to redemption, social rehabilitation, or personal project. A child is a person, with rights to culture, ancestry, family, and identity. It may be the case that a poor child is better off in the West than in the jungle, but no one has the right to make that decision on his behalf.
A child is naturally someone’s son, someone’s nephew, someone’s niece, someone’s grandchild, someone’s friend, someone’s neighbor. A child, (to quote Mr. Banda) is Malawian, Nigerian, Sudanese, Brazilian, Asian, or Chadian. He has the right to a culture, to roots, to ancestors, to identity. A child from African has a right to be named (and keep the name) Adegoke, Buziba, Ngozi, Uzoma, or Zuberi; not renamed to become Edwin, Kevin, Jared, John, or Scott.
Those who are sincere about helping the poor and the needy should be able to help them while keeping them in their natural environment, among their biological relatives, among their friends, among their people.
It is feared that Westerners are seeking foreign children for adoptions not just because it is cheaper, but also because they want a child who will be totally cut off from her roots; a child who will be given a new name, a new identity, and a new reality. A child has rights to her ancestry, roots, and culture. Moreover, the idea that a Westerner is better able to offer an African or Asian child a better life, may be practically and materially true, but it is also is patently arrogant, stunningly dehumanizing, and selfishly opportunistic.
In the U.S., there are thousands of children waiting adoption and since, as it is popularly said, charity starts at home, Americans wanting to adopt should adopt from home. People generally justify favoring foreign children over Americans by arguing that it is legally complicated and financially expensive to adopt American children. It should be. Adopting a child, a human being, is not and should not be a simple matter. And no one should look to Africa and poor countries such as Haiti as the Wal-Mart of adoption either. In fact, the U.S. should pressure other countries to adopt the same standards to protect children and children’s rights.
International institutions, too, should establish laws and instruments that standardize the respect of rights and dignity of children around the world. Among these rights that ought to be protected is the preservation of the cultural and ethnical heritage of the adopted child, including her or his family name.

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