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IPS Writers in the Blogosphere » ICC http://www.ips.org/blog/ips Turning the World Downside Up Tue, 26 May 2020 22:12:16 +0000 en-US hourly 1 http://wordpress.org/?v=3.5.1 Libya’s Fires http://www.ips.org/blog/ips/libyas-fires/ http://www.ips.org/blog/ips/libyas-fires/#comments Mon, 05 Jan 2015 15:17:55 +0000 Wayne White http://www.lobelog.com/?p=27527 by Wayne White

The Libyan National Oil Corporation (NOC) ended on January 2 a fire that raged for days among tanks in Libya’s largest oil export terminal of Es-Sider, but the militia violence fed by the implosion of governance that caused it continues. Indeed, the levels of suffering, civilian casualties, refugees, and those internally displaced have increased steadily. The talks between Libya’s rival warring governments slated for today have been postponed. Meanwhile, extremist elements are taking greater advantage of the ongoing maelstrom.

The NOC managed to put the fire out, but three days of normal Libyan oil exports were destroyed. Of course, with Libyan crude exports already down to less than 400,000 barrels per day (only 1/3 of normal output), the fire’s impact on global markets was minimal.

Libya’s low exports since mid-2013 pose serious fiscal challenges for the country. The internationally recognized, relatively moderate House of Representatives (HOR), elected in June 2014, headed by Prime Minister Abdullah al-Thinni, and driven to take refuge in the small eastern city of Tobruk, is in fiscal crisis. The Libyan Central Bank, so far neutral between rival governments, has drawn down Libya’s currency reserves to cover spending. With two hostile governments, there is also no budget for the allotment of funds in 2015.

One might think government spending and a budget would be the least of Libya’s concerns. But beneath the government standoff and rule of local or extremist armed elements around the country, much of the Qadhafi-era’s largely socialist economy remains. If the Central Bank fails to pay government employees, those of the National Oil Corporation, personnel keeping most ports functioning, workers struggling to maintain the electric grid, civil police, and others life would grind to a halt. Goods would stop flowing, businesses would lose customers, and people would not be able to obtain goods and services at the most basic level. Fraud-ridden and often dysfunctional, presently there is an economy just the same.

Tripoli’s Power

Libya_oil_fire

Credit: NASA image by Jeff Schmaltz

The Es-Sider inferno was triggered by a rocket fired by Islamic Dawn (LD), the robust Islamist militia comprised of fighters from Libya’s third largest city of Misrata, near Tripoli. LD is the muscle behind the rival Tripoli government.

Since last August when it propped up the Islamist portion of the former parliament, the General National Council (GNC) as a “government,” LD has been gaining ground. Its ability to push nearly 400 miles eastward, to menace Libya’s twin oil ports of Es-Sider and Ras Lanuf plus their supporting oil fields to the south illustrates LD’s rising power at the expense of the HOR and its loyalist allies.

Likewise, 500 miles to the west, LD has been driving toward Libya’s other major oil and gas terminal of Mellitah, near the Tunisian border. Thinni has been struggling to halt this other LD drive using local tribal militias and air strikes. A NOC statement from late December, fearing the loss of Mellitah, said Libyan hydrocarbon production would fall below the levels needed to even meet Libyan domestic demand.

Bloody Benghazi

A severe impediment for the HOR and its loyalist allies is the more extremist militia grouping continuing to dominate much of Libya’s eastern second largest city of Benghazi. Led by the formidable al-Qaeda associated Ansar al-Sharia in Libya (ASL), a militant alliance— despite see-saw fighting—has managed to hold various Libyan military units and former General Khalifa Haftar’s polyglot secular forces allied with the HOR in check.

The commitment of so many HOR military assets to the military meat-grinder in Benghazi to prevent ASL from moving eastward toward Tobruk has weakened its efforts elsewhere. Eleven more died and 63 were wounded in Benghazi on Dec. 22. In fact, most killed in clashes across Libya die in Benghazi. Eastern Libyan jihadists car bombed the HOR’s Tobruk hotel on Dec. 30 wounding 3 deputies.

Human Toll

The UN Support Mission in Libya and the UN’s High Commission for Human Rights announced on Dec. 23 that nearly 700 hundred Libyan civilians have died as collateral casualties of Libyan violence since August; many times that have been wounded. Combatant casualties would likely push fatalities over 1,000. This death toll is lower than those emerging from Syria and Iraq from the regime-rebel civil war in the former and Islamic State-related violence in both. Still, the UN warned commanders of Libyan armed groups they could be charged by the International Criminal Court (ICC) with criminal atrocities.

The refugee situation is far worse. By September, 1.8 million Libyan refugees had sought shelter in Tunisia. Added to those elsewhere, as in Egypt, refugees comprise approximately 1/3 of Libya’s entire population. Those in Tunisia have overwhelmed available humanitarian assistance, particularly now during the cold, rainy Mediterranean winter. Almost 400,000 Libyans are reportedly internally displaced.

No End in Sight

So far, diplomatic efforts seeking some sort of accommodation between Tripoli and Tobruk have been futile. Talks led by UN Envoy for Libya Bernadino Leon came to naught back in September. Leon tried to organize another round for Dec. 9, but this foundered due to more fighting triggered by a failed HOR effort to retake Tripoli. Leon reported to the UN Security Council on Dec. 23 that the two sides had agreed to meet today.

That initiative also collapsed. HOR airstrikes over the weekend against targets in Misrata (the home of the GNC’s “Libya Dawn” militia) came as a surprise. Two reportedly were wounded. An HOR military spokesman said the strikes were retaliation for renewed LD attacks against Es-Sider and Ras Lanuf where fighting has resumed. Yesterday a loyalist warplane struck a Greek tanker near the eastern port of Derna, killing two crewmen; a Libyan military spokesman claimed it was carrying militants.

Meanwhile, General David Rodriguez, head of US Africa Command, revealed on December 3 that “nascent” Islamic State (ISIS, ISIL or IS) training camps had been established in eastern Libya containing a “couple of hundred” militants. Fourteen Libyan soldiers were executed on Feb. 3 in southern Libya by a group calling itself the Islamic State of Libya. Even the more moderate Islamist GNC and LD, already hostile to ASL, condemned the killings. With Libya’s disarray and the grip of ASL and associated extremists over much of Benghazi plus areas nearby like militant-held portions of Derna, IS’s appearance at some point was inevitable.

Sudanese Foreign Minister Ali Ahmed Kharti in December chaired a meeting of his counterparts from Libya’s neighbors to express concern about the Libyan crisis’ regional impact. Weighing heavily on participants was the near conquest of Mali in 2013 by extremists, many staging out of and receiving munitions from Libya’s lawless southwest. There also has been arms smuggling from eastern Libyan militants to Egypt’s Sinai-based Ansar Bayt al-Maqdis jihadists, many of whom affiliated themselves with IS in Fall 2014.

Increasingly concerned about Libyan jihadist spillover, French President François Hollande urged the international community today to address Libya’s crisis. In a two-hour interview with France Inter radio, Hollande ruled out unilateral French intervention in Libya itself, but is establishing a base in northern Niger 60 miles from the Libyan border to help contain the menace. Last year, another French base was set up near the Malian border with Libya.

The longer Libya’s chaos remains on the global back burner, the nastier its impact will be in Libya and beyond. Crises left to fester sometimes find their own way to the front burner.

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Abbas Moves Toward ICC After UN Failure http://www.ips.org/blog/ips/abbas-moves-toward-icc-after-un-failure/ http://www.ips.org/blog/ips/abbas-moves-toward-icc-after-un-failure/#comments Fri, 02 Jan 2015 20:20:38 +0000 Mitchell Plitnick http://www.lobelog.com/?p=27513 by Mitchell Plitnick

The Palestinian Authority (PA) has now moved a step closer to making good on its threat to go to the International Criminal Court (ICC) and bring charges against Israel. There is little doubt that this was a move Palestinian President Mahmoud Abbas tried desperately to avoid. In the end, he was forced to do it by a combination of U.S.-Israeli rejectionism, Palestinian desperation to do something to try to end Israel’s occupation, and his own many missteps.

Abbas signed on to 18 international agreements after the quixotic attempt to pass a resolution at the United Nations Security Council (UNSC) predictably failed. Among them was the 1998 Rome Statute, which established the ICC and took formal effect in 2002. This is the step that the U.S. and Israel have warned Abbas against most strongly. Among all the “unilateral steps” the Palestinians could take (which, one should note, is no more “unilateral” than any number of actions taken by Israel on a routine basis), this is the one Israel worries about most.

The reason, of course, is obvious. Israel knows it has committed war and other international crimes—some very serious—in the course of its occupation. While Israel generally scoffs and waxes indignant at critical world opinion, it is concerned that being hauled before the ICC could further negatively impact public and elite opinion in Europe, Israel’s main trading partner, where patience with Israeli policies has grown ever thinner.

Abbas knows only too well that he risks losing what little power he has in the West Bank. There are many ways this move can blow up in his face, and most of the roads to success are going to take more time than he has. That he has taken this step testifies to his desperation.

When, on behalf of the Palestinians, Jordan submitted its resolution to the UNSC last month, it did so under tremendous pressure from other Arab states. Abbas and Jordan’s King Abdullah had preferred to wait until France was ready with its own resolution, which the United States had strongly hinted it would support, or at least not oppose. Abbas knew full well that, even if the Palestinian resolution had mustered the nine votes needed to pass the UNSC, Washington would have vetoed it. Approval of the French version, while toothless and lacking a fixed deadline to end Israel’s occupation, would at least have had virtue of demonstrating the international community’s insistence on a two-state solution.

But internal pressure to submit the Palestinian version, as well as the external pressure that turned out to be decisive, seems to have pushed the French version to the back burner, at least for the time being. With the expected failure of the Palestinian resolution at the UNSC, Abbas was forced to carry through with his threat to sign the Rome Statute, a move that many Palestinians, including many in his own Fatah faction, had been clamoring for ever since the 2012 U.N. General Assembly vote that granted Palestine non-member observer state status, thus enabling it to join international agreements and UN specialized agencies.

In the long run, this is a move that could pay off for the Palestinians, but it carries enormous risks, especially to the PA. The most obvious and immediate threats lie with the responses that can be expected from Israel and its most important foreign backer, the new Republican-led U.S. Congress. Many in Congress have made it clear that they intend to push for suspension of aid to the PA if it signs the Rome Statute. And Israel will surely ramp up its settlement expansion and likely once again withhold taxes it collects on the PA’s behalf. The resulting economic impact could very well lead to the PA’s collapse.

That outcome has been forestalled in the past by Israel’s recognition that the security and economic costs it would inherit would be exorbitant. Israeli officials not only allowed their own cooler heads to prevail, but also urged restraint on their friends in Congress. Despite the recent splash the Labor Party made by joining forces with peace process veteran Tzipi Livni, Bibi Netanyahu’s main challenge still comes from his right in the elections scheduled for mid-March, and he can’t afford to look soft on the Palestinians.

That certainly won’t help Abbas. He knows the dangers that confront him. Moreover, the approach to the ICC carries another risk. Even if Abbas survives the Israeli-U.S. response, it is very possible that Hamas will also face charges at the ICC. The case against Hamas, while covering crimes involving far less destruction and loss of life, is also more clear-cut than one likely to be brought by the PA against Israel, whose acts in Gaza and in the day-to-day occupation of the West Bank will require lengthy investigation. Should Hamas find itself on the losing end of the law before Israel does, Abbas’s position is likely to weaken further.

Despite his moves toward internationalization, Abbas still much prefers to work with Washington. U.S. fecklessness in the face of persistent Israeli opposition to any diplomatic initiative, however, has essentially brought him to this Rubicon. And his own clear reluctance to cross it will itself likely diminish the chance of success.

Under the Rome Statute, the Palestinians will not be able to formally file any cases with the ICC prosecutor for 60 days from the date of signing. That time will certainly be used by the Obama Administration, which will no doubt argue that such a filing could bolster the Israeli Right in the critical final days of the election campaign, to pressure the Palestinians against going forward. Still, the repeated failure of the Security Council to address the occupation in any substantive way, coupled with the failed history of the U.S.-brokered peace process, has sent the Palestinian people the message, however unintentionally, that diplomacy and cooperation are dead-end strategies. That is going to lead to more Palestinians embracing the violent paths called for by Hamas and other, considerably more militant, factions.

At the same time, Palestinians have seen the futility of armed struggle over the decades. Failure at the UNSC and joining the ICC — but then forgoing charges against Israel – will only increase Palestinian despair and desperation. That will no doubt lead to more of the kind of “lone wolf” attacks that Israelis endured in 2014.

The one party that could make a difference is the European Union (EU). It can exert serious pressure on Israel of a kind even the United States cannot match. The EU accounts for nearly one-third of Israel’s export business. (By comparison, the U.S. accounts for just under one-quarter). Labeling settlement products (as some EU countries currently require, but don’t generally enforce) could be a first step. And if it is couched as a warning that sterner measures are in the offing, the impact on Israeli thinking could be significant, perhaps even a game-changer.

Indeed, ultimately, that sort of European action is what Israel fears. If the Obama administration wants to see a reversal of the downward spiral its own peace-making efforts have helped create in Israel-Palestine, it could quietly encourage the EU in that direction.

Such a course would be wise. Abbas’s strategy of relying entirely on U.S. help to pull him through has clearly failed, and his reign, whether due to a P.A. collapse or just his own advancing age, will not last much longer. He has no clear heir apparent, so what comes after is a mystery. The United States won’t exert significant pressure on Israel in the near future, and, absent some unanticipated shock, Obama’s successors in the White House are unlikely to spend as much political capital as he has on resolving the conflict. The pressure must come from Europe and from the Palestinians using whatever international tools are at their disposal.

This is, after all, just what was always demanded of the Palestinians—that they pursue their goals without recourse to violence. If a peaceful path to statehood is denied them, ongoing and escalating violence is all we can expect to see.

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Is Hamas Winning? http://www.ips.org/blog/ips/is-hamas-winning/ http://www.ips.org/blog/ips/is-hamas-winning/#comments Thu, 24 Jul 2014 13:10:42 +0000 Mitchell Plitnick http://www.ips.org/blog/ips/is-hamas-winning/ via LobeLog

by Mitchell Plitnick

When Israel, or any country, engages in armed conflict with a guerrilla group, even if that group controls significant territory and resources, it is a virtual truism that the longer the fighting persists, the greater the gains for the non-state actor. In Gaza, Hamas’ quasi-governmental position still leaves it [...]]]> via LobeLog

by Mitchell Plitnick

When Israel, or any country, engages in armed conflict with a guerrilla group, even if that group controls significant territory and resources, it is a virtual truism that the longer the fighting persists, the greater the gains for the non-state actor. In Gaza, Hamas’ quasi-governmental position still leaves it in the role of the guerrilla enemy. And with the events of the past few days, it is worth asking if Israel is not losing this “war.”

The Israeli government is pointing to several objectives, chiefly the destruction of some tunnels in Gaza that lead into Israel and at degrading and diminishing Hamas’ ability to fire rockets. While the frequency of rocket fire from Gaza has decreased somewhat in the last few days, it has obviously not stopped. And when the heat dies down, Israelis are bound to notice that the tunnels Netanyahu is making such a point about had not been used for infiltration until after the fighting began.

By the same token, Israelis might also notice that, at this writing, 35 Israelis have been killed, three of them civilians. In the five and half years since the end of Operation Cast Lead, a grand total of 38 Israelis were killed by Palestinians, combining both Gaza and the West Bank, 10 of them civilians. When a sober assessment of all this is made in Israel, the result might not look top good if Netanyahu has so little to show for it.

Hamas, on the other hand, may have quite a bit to toot their collective horns about. Yes, the death toll, which is now topping 700, is horrific, as is the number of injured (now over 4,100), not to mention the damage to Gaza’s already crumbling infrastructure and the destruction of 500 homes, some 16 mosques and two hospitals. But Hamas, despite having lost a lot of popularity over the years, is standing up to Israel and insisting on an end to its siege of the Gaza Strip, which is preventing many common goods from getting in and just about all exports from going out.

Moreover, Hamas has put all of Israel on high alert, disrupting daily life not just in the south, but as far north as Haifa, and as far east as Jerusalem. Residents of Tel Aviv are not living in “the bubble” they did five years ago; now they are repeatedly hustling to shelters when warning sirens go off. Most importantly of all, Hamas forced US and European airlines to suspend all flights to Israel for two days when a rocket from Gaza came within a mile of Ben Gurion International (BGI) airport.

That victory might be far more profound than what anyone in Gaza has so far realized. In the United States, the Federal Aviation Administration (FAA), which is as apolitical as a federal agency can get, suspended flights to Israel for obvious reasons: in the wake of the downing of the Malaysian flight over Ukraine, a rocket coming that close to BGI was too much of a risk for the FAA to take.

But in the United States, any decision that Israel doesn’t like instantly becomes politicized, even though it is obvious to anyone who knows anything about the US government that the president had nothing to do with this call — it is entirely within the FAA’s bailiwick. But Israel complained that the decision sent “the wrong message,” to which the State Department replied, “The only consideration in issuing the notice was the safety and security of our citizens.”

Former New York City Mayor Michael Bloomberg immediately flew to Israel and stated that he felt as safe there as anywhere. But Bloomberg’s grandstand play also serves to undermine the rationale for this entire operation by Israel — after all, if it is that safe when fire is being exchanged, how can Israel justify their own losses, let alone the far more massive toll of death and destruction in Gaza?

Republican Senator Ted Cruz, never one to let a lunatic theory pass by unexploited, went so far as to accuse President Barack Obama of using “…a federal regulatory agency to launch an economic boycott on Israel, in order to try to force our ally to comply with his foreign-policy demands.” No kidding, he really said that.

With all of this tumult resulting from one rocket, Hamas can certainly claim a major win in this regard.

Hamas has also made political gains. Palestinian President Mahmoud Abbas has been working to help find a ceasefire formula. In the past, Hamas would disavow Abbas’ authority to negotiate for them, but they have not done so this time. That’s because Abbas is arguing for Hamas’ terms for a ceasefire. That makes Abbas, rather than any Egyptian or Turkish leader, the contact point between Hamas and Israel. It also symbolically demonstrates that the Palestinians have a unified government — Abbas is presenting himself as the leader of all of Palestine, including Gaza, without saying so or ruffling any of Hamas’ feathers.

Israel’s goal in starting this round of fighting was to destroy the unity deal between the Palestinian Authority and Hamas. Thus far, the opposite seems to have materialized. Abbas is in agreement with Hamas’ goals, and is apparently fully representing them. That represents a major failure for Netanyahu. But that outcome is far from assured.

The statement by Hanan Ashrawi, a member of the Palestine Liberation Organization (PLO) executive committee, that the Palestinians would now pursue their goals through the international judicial system, seemed like a potential game-changer. It is telling, though, that after Ashrawi made her statement, welcomed by many of us who advocate for an equitable international judicial system and see its value for the Palestinians, there has been virtually no follow-up.

Indeed, going, for example, to the International Criminal Court (ICC) might have very different effects than one might imagine for the Palestinians. Unlike the United Nations Human Rights Council, which is really the one place at the UN that Israel’s complaints of unfair treatment have real merit, the ICC is not a politically driven body. Its unfortunate bias against poor countries, countries that do not have great power backing and, particularly, sub-Saharan African countries is based on what cases are brought before it, and that, sadly, is entirely dictated by politics.

But if the ICC were to investigate the fighting in Gaza, it might well be inclined to investigate both sides. And, if Palestine, with its new-found recognition as a state, were to go to the ICC, they would be placing themselves under its jurisdiction. The simple fact is that, while Israel has devastated civilians, Hamas has also been targeting civilians, albeit with much less success. That, however, is also a crime. But Israel has not joined the ICC, so it is not under ICC jurisdiction. The ICC could not compel any of its leaders to appear, much less answer charges.

Israel is reportedly considering a ceasefire deal that would be modeled after the 2006 accord achieved in Lebanon. If that were followed, the PA would assume control over Gaza. Hamas might have a tough time arguing with that, given their defense of the unity government. The PA would have, presumably, the same armament it has in the West Bank, but all other factions would be forced to disarm, surrender rockets and dismantle tunnels under international inspection. And in exchange, Israel would end its blockade of Gaza’s coastline and ease restrictions at the border crossings.

That sort of agreement would absolutely represent a Palestinian victory, but it would also mean Hamas would no longer exercise control over Gaza. They would sacrifice their ability to re-launch an armed resistance until they could find a way to re-arm clandestinely. That might prove very difficult — they haven’t been very successful at it in the West Bank, largely due to PA efforts. For the group itself, it would mean a major loss. But the objectives of the current fighting would have been achieved — ending the siege and preserving the unity government.

Netanyahu would also claim victory in such an event. But it would remain clear that the Palestinians were now unified and speaking with one voice. Abbas could no longer see Hamas as an opposition party, but as part of his constituency, and this whole experience seems to have forced him out of his habit of going along with US and Israeli diktats. The Palestinians would be strengthened politically, even as they lose Hamas’ paltry military capabilities. Netanyahu would have also failed to destroy the unity government, which is what this was all about. But a nullified Hamas would be an easy image to present as a victory to the Israeli people, who have been lied to by Bibi from the beginning and are thus largely unaware of the real aims of this onslaught.

It remains to be seen if such a ceasefire agreement is actually being considered. I really can’t see Bibi agreeing to it; he is absolutely obsessed with keeping the Palestinians divided, and his stated refusal to even consider a two-state solution means he is obsessed with good reason. I’m not at all sure Hamas would accept such a deal, even though it might boost them politically. And right now, it is Hamas, not Israel, who is dealing from a position of strength. Despite the pounding Gaza is getting, Hamas seems to have gotten the issue of lifting the siege on the table, as even the US keeps saying that the “underlying issues” must be dealt with, and even when the EU is scolding Hamas, they are also calling Israel’s acts “criminal.”

When Hamas initially refused the ceasefire, I understood, but also believed that they would eventually be forced to take that deal, and that their refusal would result in many more dead Palestinians. That latter part has proven true, and it is still possible that Israel, the US and Egypt will eventually force Hamas to accept the terms they dictated. But it’s looking less and less likely that the Egyptian ceasefire accord will be the one Hamas has to accept. Is it worth the price in blood? Only the people of Gaza can answer that question.

Photo: The ongoing Israeli airstrikes in the Gaza Strip, one of the most densely populated regions in the world, have destroyed essential infrastructure including family homes, fishermen’s boats, water systems and health centers. Credit: Mohammed Al Baba/Oxfam

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Post-War Libya Needs Wider News Coverage http://www.ips.org/blog/ips/post-war-libya-needs-wider-news-coverage/ http://www.ips.org/blog/ips/post-war-libya-needs-wider-news-coverage/#comments Thu, 17 Apr 2014 15:44:10 +0000 Wayne White http://www.ips.org/blog/ips/wider-human-rights-and-news-focus-on-libya-needed/ via LobeLog

by Wayne White

In just the past five days, stability in Libya has suffered further setbacks. Yet chronic civil disorder and unrest may seem secondary as many outside observers focus too narrowly, for example, on the status of Libyan oil exports. Then there are human rights and judicial organizations [...]]]> via LobeLog

by Wayne White

In just the past five days, stability in Libya has suffered further setbacks. Yet chronic civil disorder and unrest may seem secondary as many outside observers focus too narrowly, for example, on the status of Libyan oil exports. Then there are human rights and judicial organizations typically focusing on high profile cases while justice is meted out to millions of Libyans through the barrel of a gun amidst degrading central authority. This complex crisis demands more consistently broad-based coverage.

Libya’s parliament, the General National Congress (GNC), ordered interim Prime Minister Abdullah al-Thinni on April 8 to form another government, ignoring his request for greater powers sorely needed to govern more effectively. Instead, on April 13 al-Thinni resigned “his temporary position,” citing an attack against his family residence that had been a “near miss.”

Al-Thinni was appointed interim prime minister only last month after the GNC dismissed veteran Prime Minister Ali Zeidan. The cause for Zeidan’s removal was, essentially, a GNC temper tantrum over his inability to stop a tanker with unauthorized crude from escaping an eastern oil port controlled by the defiant federalist eastern warlord Ibrahim Jathran. The tanker later would be snared by the US Navy and delivered to a port under central government control. Zeidan, however, a resilient figure who had stayed on despite being kidnapped by a militia last year, was gone. Now, with al-Thinni pulling out, Libya’s shaky central government is more rudderless than ever.

In the latest Libyan violence, gunmen kidnapped Jordanian Ambassador Fawaz al-Itan in Tripoli on April 14, shooting his driver. Kidnappers are demanding that Jordan release Libyan extremist Mohammed Dersi, sentenced to life imprisonment in 2007 for plotting to bomb Amman International Airport. This is just the most recent example of an ongoing wave of kidnappings (and killings).

So far this year, 5 Egyptian diplomats, a Tunisian diplomat, and a South Korean trade official have been seized. Ongoing assassinations of officials, individual Libyans, and foreigners also continue. Last December an American teacher was murdered in Benghazi; in January, a British man and New Zealand woman were shot execution style in western Libya; in February, 7 Egyptian Christians were shot in the east. Meanwhile, a number of Libyan security officials, soldiers, and other government personnel continue to be killed in ambushes.

Nonetheless, organizations like the International Criminal Court and Human Rights Watch (HRW) have zeroed in on the trial of two sons of Muammar Qadhafi, notorious Qadhafi regime intelligence chief Abdullah al-Sanussi, and a few dozen other Qadhafi cronies. These organizations are concerned about the fairness of Libyan justice toward such unpopular figures. Libyan Justice Minister Saleh al-Meghani said the trial would not be a “Mickey Mouse” show trial, and declared: “I will not allow any crazy stuff; I will make sure it meets international standards…; that is why we are having open trials.”

With quite a few defendants still without legal counsel, HRW’s Richard Dicker declared, “This…has been riddled with procedural flaws…,” making it “grossly unfair to the defendants.” The trial adjourned to finish preparations and address shortcomings only hours after it opened on April 14. There are legitimate concerns at this stage, but the government knows the vast majority of Libyans expect a measure of closure regarding the leading figures of such a loathsome regime.

Meanwhile there is a complete absence of functioning courts across much of Libya, with various militias having far more influence than Tripoli upon how local affairs are run. But this yawning legal vacuum, with extra-judicial kidnappings and shootings of many innocents frightfully common, apparently only warrants mention in occasional oversight reports.

The most concentrated of general media coverage involves careful reporting on Libyan hydrocarbon exports — some featuring, say, 2 or 3 reports on Libyan oil and gas reaching markets for every piece on the internal situation writ large. On April 15 the first tanker since last year was lifting crude from one of the two smaller of Libya’s four eastern oil terminals under Jathran’s control. The other small terminal Jathran promised to reopen back on April 6 has not yet been returned to National Oil Corporation (NOC) control. The status of the two largest ones depend on progress in further talks between the central government, the NOC, and Jathran over his various demands.

Indeed, the overall Libyan oil situation remains iffy. With all Western Libyan oil outlets also closed (save for the export and refinery complex at Zawiya including Libya’s 2nd largest refinery), plus the two largest in the east, matters still look grim. Late last week, protestors closed the Zawiya facility too, preventing two tankers from loading. The Zawiya complex reopened on April 13 after NOC officials reportedly resolved most of the issues involved. With some closed facilities in disrepair, and most oil fields still outside NOC control, some terminals can export only what previously had accumulated in their storage tanks.

As the Ukraine crisis has escalated, Europe’s need for energy exports from Libya has grown and so, of course, has legitimate interest. The majority of Libyan gas and oil exports have been down steeply for quite some time. Italy, with its government-affiliated National Hydrocarbons Entity (ENI) geared to Libyan crude and immensely dependent on Russian, Algerian and Libyan natural gas, is especially hopeful Libya will come back online in all respects.

Libyan gas and oil exports, however, will remain unreliable, and proper justice for most Libyans, whether prominent or not, will be illusive until fundamental issues of national unity, governance, and security can be addressed effectively. Perhaps the rising criticality of Libyan energy exports amidst the Ukraine crisis can motivate the US, NATO and EU governments to work with leading Libyan powerbrokers to initiate far more serious engagement aimed at breaking new ground toward grappling meaningfully with the most debilitating sources of internal discord.

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Obstacle: The US Role In Israel-Palestine http://www.ips.org/blog/ips/obstacle-the-us-role-in-israel-palestine/ http://www.ips.org/blog/ips/obstacle-the-us-role-in-israel-palestine/#comments Fri, 04 Apr 2014 19:39:23 +0000 Mitchell Plitnick http://www.ips.org/blog/ips/obstacle-the-us-role-in-israel-palestine/ via LobeLog

by Mitchell Plitnick

There are many false clichés about the Israel-Palestine conflict. There are also some very true ones, though these are heard less frequently. Perhaps the most profound of these was proven once again this week: the United States is incapable of playing a positive role in this arena.

There is [...]]]> via LobeLog

by Mitchell Plitnick

There are many false clichés about the Israel-Palestine conflict. There are also some very true ones, though these are heard less frequently. Perhaps the most profound of these was proven once again this week: the United States is incapable of playing a positive role in this arena.

There is nothing about that statement that should be controversial. A decades-long line of US politicians and diplomats have spoken of the need to resolve this conflict. In recent years, these statements have often been accompanied by an acknowledgment of the need for “Palestinian self-determination.” But Israel is the one country, among all of the world’s nations, of whom those very same leaders speak in terms of an “unbreakable bond,” a country between whose policies and ours there “is no daylight.”

Let’s say my brother gets in a dispute with someone else, perhaps even someone I am acquainted with. Would anyone think that I would be the appropriate person to mediate that conflict? If my brother also had a lot more money and influence in the conflict, and therefore a fair mediation required a broker who was willing to pressure my brother into compromise because, right or wrong, he does not have incentive to do so, am I the right person for that job?

Of course that would be absurd, yet that is exactly what has been expected of the United States. The comparison goes even deeper because the political forces in the United States, as my father would do in this scenario, exert personal pressure (familial and financial) favoring my brother. While being quite natural, this isn’t justice, and it’s a recipe for disaster, not resolution.

US Secretary of State John Kerry now says that the United States is going to “re-evaluate” its efforts for Israel-Palestine peace. But will that be an honest evaluation, one that asks the hard questions? Because after twenty years of failure, there is but one fundamental question: is the United States, given its self-imposed diplomatic parameters and its AIPAC-directed domestic political obstacles, capable of mediating this conflict?

We need to understand, when evaluating the Obama administration’s performance here, that, reality aside, it is perceived as the toughest on Israel since George H.W. Bush. And, to be sure, it worked harder to get small concessions from Israel than its predecessor in the George W. Bush administration. But for those who still don’t understand the extent to which US policy prioritizes Israeli preferences over basic Palestinian needs, this past week’s events should have made it clear. Indeed, it is because of that potential clarity that Israel has moved immediately to replace the facts with its own, demonstrably false, narrative.

A Clear US Failure

Let’s review the collapse of the Kerry Talks. Eight months after scoring his victory in getting Israel and the Palestinians back to talks, Kerry had nothing but increased acrimony between the two parties to show for it. For many weeks, both Israel and the Palestinians had tacitly recognized the futility and had directed their efforts toward jockeying for a position to emerge from the inevitable collapse of talks as the more reasonable side. As the date that had been designated for the fourth and final release of 26 long-time Palestinian prisoners approached, Israel began to signal it would not follow through on its agreement to let them go. And Kerry’s frank incompetence started to become even more apparent.

Israel had been saying for weeks that the last batch of prisoners included Palestinian citizens of Israel whom they had not agreed to release. It is unclear exactly what happened here, but Kerry gave no indication that Israel was not being honest about that claim. The picture that emerged was that Israel agreed to the 104 prisoners being released but not necessarily to these specific ones, who, as citizens of Israel, do fall into a different category. Rather than clarify, it looks like Kerry simply assured Palestinian President Mahmoud Abbas that he’d convince the Israelis to get it done. If that is what happened, it indicates a serious lack of understanding on Kerry’s part of the difference the Israeli status of those prisoners made in Israel. It would mean that the US secretary of state was woefully ill-suited to this task.

Had Kerry bridged this gap, it might have been enough to move the prisoner release forward. This was the objection Israel started with. But by March 29, the date designated for the last prisoner release, Israel, certainly with US agreement, shifted gears and made the release contingent on the Palestinians committing to continuing the talks for another twenty months. This sat well with Kerry, since at this point, all he was really after was continuing the talks. Any goals of substance had long since evaporated.

Seeing that the Palestinians were not going to agree to this arrangement, Kerry tried to get Israel to sweeten the deal with a phony limitation on settlement construction that committed Israel to nothing at all and guaranteed accelerated settlement expansion in the Jerusalem area, and the freeing of 400 additional prisoners of Israel’s choosing which would have almost certainly meant freeing thieves and other common criminals whom the Palestinians would not necessarily even want to give back. In exchange for this Israeli “largesse” not only would the talks be extended, but the US would give Israeli Prime Minister Bibi Netanyahu a massive political plum to please his right-wing: the freeing of convicted US spy Jonathan Pollard.

Kerry secured Netanyahu’s agreement then started to show the Palestinians this deal he had worked out with Israel and wanted them to accept. He never got that far, because that was when the Palestinians finally said “enough” and began applying for membership in numerous international bodies, as is their right.

When Kerry left the region in a huff, he blamed both sides for taking “unhelpful” and “unilateral” steps. That, in itself, is an inaccurate description of a collapse that was largely engineered by Israel. But it was clear that the Obama administration was planning to go further. The US Ambassador to the United Nations, Samantha Power, expressed the administration view clearly in her testimony before a House of Representatives subcommittee hearing on UN funding.

“On the Palestinian question, it just would underscore that we will oppose attempts at upgrades in status anywhere,” Power testified. “The [International Criminal Court] is, of course, something that we have been absolutely adamant about. Secretary Kerry has made it very, very clear to the Palestinians, as has the president, I mean, this [the Palestinians joining the ICC and bringing cases against Israel] is something that really poses a profound threat to Israel. It is not a unilateral action that will be anything other than devastating to the peace process…”

So it is either the Palestinians’ fault for threatening to hold Israel accountable for its actions in the international legal system or it’s both sides’ fault. No administration official has singled out Israel for its actions as they have the Palestinians, despite the fact that the Palestinians were acting on their rights which they had only agreed to hold off on as long as Israel lived up to its commitments and kept the talks going. It was Israel, not the Palestinians who reneged, and while the United States is well aware of this, they won’t say it.

Instead, US officials are helping clean Netanyahu’s image by shifting the blame for the announcement of new settlement units to Housing Minister Uri Ariel. Ariel, of the Jewish Home party, which is a right-wing rival of Likud, certainly seized an opportunity to torpedo any peace talks, in line with his views and his party’s policies. But the idea that this was done behind Netanyahu’s back is absurd. Netanyahu has offered no rebuke of Ariel, nor has he distanced himself at all from the announcement of the new settlement units or the timing of the announcement. Given that Kerry had made an emergency trip to the region just at that time, even most of the right-wing would not have had a problem with Netanyahu putting the new buildings on hold for a while. No, this was not Ariel’s initiative. It was Netanyahu’s.

Where to now: Israel

The Palestinians applied to fifteen international bodies. But the ones they chose to apply to pose no threat to Israel. Indeed, if anything, the choices they made, which largely consist of various human rights conventions, serve to make the Palestinian Authority (PA), not Israel, more accountable. The PA made a point of not applying to the International Criminal Court, which is Israel’s chief concern. The applications they made only moderately upgrade the Palestinians’ status, acquired over a year ago when they won admission to the UN General Assembly as a non-member observer state. The applications are, certainly, a threat that they will do more if things keep going as they have been.

Israel has declared that it will punish the Palestinians, though so far, aside from officially cancelling the last prisoner release, the only specific measure they have announced is the withdrawal of a permit for a West Bank telecommunications company to start building its wireless infrastructure in Gaza. There will likely be more measures soon. But the telling point is the absolute absence in Israel of any criticism of Netanyahu for the collapse of the talks.

The parties in the governing coalition that were supposed to hold Netanyahu to the peace track, Yesh Atid and HaTnuah, have been unwavering in their support of Netanyahu since the talks collapsed. The major opposition parties, particularly Labor and Shas, have either been silent or offered measured support to Netanyahu. It is clear that Netanyahu faces no pressure to modify his position.

This tells us that Israel is going to continue on its present course. It leaves little doubt that Netanyahu is perfectly comfortable with Kerry simply giving up and turning his attention to other matters. And why shouldn’t he feel that way? Congress remains locked into mindless obedience to any and all Israeli actions, and the Obama administration has made it clear it is not going to expend the political capital necessary to bring about any changes.

Where to now: Palestine

Now that Abbas has finally reached the point where he could not accept another one-sided US proposal, he needs to consider his options. He has thrown down a gauntlet with his applications to the international bodies. The message: Palestine will take full advantage of its rights if Israel remains unwilling to negotiate in a spirit of compromise that acknowledges the legitimacy of Palestinian claims. Remember that the Palestinians have surrendered 78% of Palestine, accepted the principle that Jerusalem will be shared and acknowledged that the implementation of refugee rights would be negotiable and considerate of Israel’s demographic needs.

Abbas absolutely cannot be seen to be bluffing. If Israel does not change its stance, he must apply to the International Criminal Court (ICC) for recognition of Palestine and begin bringing war crimes cases there. There is a reason Ambassador Power considers this a real threat to Israel. The United States will indeed shield Israeli leaders from imprisonment if they are found guilty by the ICC, but Israeli leaders will find themselves unable to travel to Europe, which, despite US largesse, is by far Israel’s biggest trading partner. That matters, a lot.

Abbas must be willing to follow through, even if he is unlikely to be around for the endgame. Israel would certainly respond harshly to such actions, and the PA is not going to survive that kind of Israeli action. That’s why Abbas will be sorely tempted to find another way. But, as we’ve already seen, popular pressure is beginning to boil in the West Bank.

Where to now?

The breakdown of these talks is a turning point. Yes, there will be desperate cries for another “last chance” for the Oslo-based two-state solution, but there is a growing realization that this is now a pipe dream. The United States will likely continue for some time to play the same role it has for twenty years, but if this round generated miniscule hope, future attempts will be met with virtually absolute cynicism.

The politics of all of this is going to move farther away from Washington, although the pull from Congress will slow the process. But even the bought and paid for Congress won’t be able to stop it. Europe will be forced to take more actions, and Israel is going to be increasingly isolated. The parameters are becoming more fluid and, in a departure from the Oslo years, the new ones are going to be dictated by events in Israel and the Palestinian Territories more than in Washington.

The smart thing for Washington to do is to reset the process, bring together real experts — rather than AIPAC-endorsed lawyers for Israel like Martin Indyk, Dennis Ross and David Makovsky — with leaders from Israel, Palestine, Europe and the Arab world and start over. There may be a way to find a formulation, whether one state or two, that justly addresses Palestinian rights as well as Israeli ones, but it must start with admitting that the Oslo process is dead. Continuing self-deception, whether from right-wingers like Netanyahu who gamed the system, or well-meaning centrists like J Street who staked their existence on the vain hope that this process, ill-formed at birth, could ever succeed, must be treated now like the threat to any progress that it is.

Photo: US Secretary of State John Kerry leaves US Ambassador to Israel, Dan Shapiro behind as he ends his failed trip to Israel. Credit: State Department

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Europe Shows Resistance to US Drone Policies http://www.ips.org/blog/ips/europe-shows-resistance-to-us-drone-policies/ http://www.ips.org/blog/ips/europe-shows-resistance-to-us-drone-policies/#comments Fri, 28 Feb 2014 21:28:50 +0000 Tyler Cullis http://www.ips.org/blog/ips/europe-shows-resistance-to-us-drone-policies/ via LobeLog

by Tyler Cullis

Earlier this week the European Parliament passed a resolution condemning the US drone program and expressing its concern over the desire of some European states to build a program of their own. Here in the US few have paid attention. But if the resolution signals a [...]]]> via LobeLog

by Tyler Cullis

Earlier this week the European Parliament passed a resolution condemning the US drone program and expressing its concern over the desire of some European states to build a program of their own. Here in the US few have paid attention. But if the resolution signals a more serious commitment on the part of Europe to publicly disclaim the legal and policy architecture of the US’s “targeted killing” program, then the White House’s legal footing, which is already on thin ice, could become untenable in the face of near-unanimous global opposition.

The resolution, which is non-binding as a matter of European law, “expresses…grave concern over the use of armed drones outside the international legal framework,” which goes against US pretensions of acting within the bounds of law in conducting its “targeted killing” program. In doing so the European Parliament rejects the novel legal doctrines that the US has used to support its activities in the “global war on terror,” arguing that traditional jus ad bellum and jus in bello rules do not need to be revised in light of the threat posed by transnational terror groups (as the US has long alleged). This is a striking challenge to the United States and its claims to compliance with international norms, and is a sharp reminder of the twin reports from UN Special Rapporteurs last year (whose work is cited in the resolution itself).

This also comes on the heels of a New York Times report that the US is considering adding a US citizen, Abdullah al-Shami, to the White House’s “kill list”. Besides the significant constitutional issues at stake in a unilateral presidential decision to kill a US citizen without due process, international human rights law is implicated as well. The focus on human rights law as the appropriate legal frame, which is evident throughout the Parliament’s resolution, thus takes on added significance in the wake of this report.

More importantly, the resolution signals to other EU bodies that now is the time for unified European action to publicly oppose the US’s “targeted killing” program; to limit the use of drones both globally and in a distinctly European context; and to hold criminally responsible those that assist what the Parliament regards a potentially criminal action on the part of the United States. In fact, as part of its “action program” the Parliament’s resolution “urges the [European] Council to adopt an EU common position on the use of armed drones,” which would be binding on all EU member-states. Such a legislative gambit could include provisions providing for “judicial review of drone strikes…and effective access to remedies [for victims].” Both have thus far largely been barred in European courts.

Such would spell serious trouble for the United States and its continued ability to conduct drone warfare across international borders. It is one thing for official criticism to be done in private and for US and European legal scholars to haggle over applicable laws in the US’s conflict with al-Qaeda. It is entirely another thing for the US’s closest allies to so publicly rebuke the White House (especially one that professes to care as much about toeing the line of the law as this one does) and to threaten to open its court system to the victims of what it regards as “unlawful drone strikes.” While legislative action from the European Council and Commission remains unlikely, the vote count on the Parliament’s resolution (534-49) suggests that sentiment against “targeted killings” has begun to overcome Europe’s squeamishness about upsetting its powerful ally.

This week also saw the respected British human rights organization, Reprieve, submit a communication to the International Criminal Court to start an investigation of NATO personnel complicit in the CIA drone program. Of course, none of this bodes well for the United States. Whereas the Bush administration expressed contempt towards international law and thus was treated in kind from its practitioners, the Obama administration has at least demonstrated concern for international norms and struggled to describe its drone policies as compliant with the law. But as US allies and human rights NGOs close in on the White House, the Obama administration will be forced to either proclaim its adherence to international law and end its “targeted killing” policies, or abandon any pretension to international law-compliance altogether. The sooner the better, too, because the growing outcry against the US’ drone policies shows no signs of losing steam.

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Libya: More Violent, Unstable & Uncertain http://www.ips.org/blog/ips/libya-more-violent-unstable-uncertain/ http://www.ips.org/blog/ips/libya-more-violent-unstable-uncertain/#comments Mon, 12 Aug 2013 14:28:38 +0000 Wayne White http://www.ips.org/blog/ips/libya-more-violent-unstable-uncertain/ via LobeLog

by Wayne White

Nearly a year after the Benghazi attack and almost two since Muammar al-Qadhafi’s fall, Libya remains a governmental basket case. Political assassinations and militia violence are commonplace amidst the continued absence of effective central governance across much of the country. Recent labor unrest threatens what had been Libya’s one [...]]]> via LobeLog

by Wayne White

Nearly a year after the Benghazi attack and almost two since Muammar al-Qadhafi’s fall, Libya remains a governmental basket case. Political assassinations and militia violence are commonplace amidst the continued absence of effective central governance across much of the country. Recent labor unrest threatens what had been Libya’s one area of notable recovery: oil exports. As an experiment in post-authoritarian nationhood, the Libyan situation may be more troubling than at any time since the end of the struggle against the Qadhafi regime.

The central government recently has been in a state of flux. Beleaguered Prime Minister Ali Zeidan announced at the end of July he will decrease the number of cabinet positions or try to govern more effectively by meeting with a smaller group of core ministers. So far, however, the only notable result has been Deputy Prime Minister Awad al-Barasi’s resignation on August 3, blaming “a dysfunctional government where my powers are lost.” Meanwhile, despite the passage of time since the former regime’s demise, central authority has stagnated and instability has been on the rise.

Symptomatic of this problem is the continuation of various autonomous local governing entities centered on armed groups left over from the struggle against Qadhafi. They dominate various regions, one major city, many urban neighborhoods and frequently defy or hound portions of the central government even in the capital of Tripoli.

One salient ongoing dispute revolves around the status of literally thousands of political prisoners often languishing in miserable, improvised local holding pens outside government control. The most notorious case is that of Saif al-Qadhafi, the deceased dictator’s most important son and senior lieutenant. Despite repeated demands for custody on the part of the central government and the International Criminal Court (ICC), Saif remains in Zintan in Libya’s arid central mountains, a prisoner of the local Berber militia that originally captured him. The only outside contact he has had was a meeting last year with his Australian ICC-appointed defense attorney, who was then also detained for three weeks. Since then, new charges have been brought against Saif by authorities in Zintan: allegedly giving his ICC attorney “national security information.”

Justice Minister Salah al-Marghani recently declared that the central government would not allow “Mickey Mouse trials.” However, militias holding the real power in many locales claim the national judiciary remains dominated by officials from the former regime; they have stormed Marghani’s office in anger over delays and enforced their own justice in areas they control. To wit, the autonomous militia controlling Libya’s third largest city, Misrata, sentenced Qadhafi’s former Education Minister, Ahmad Ibrahim, to death on July 31. Technically, the Libyan Supreme Court must confirm such a sentence before he faces a firing squad, but whether that will happen is questionable.

It seems encouraging to many Americans that Washington finally handed down an indictment against some of those responsible for the Benghazi consulate attack last year, most notably local Benghazi militia chief Ahmad Abu Khattala. Yet, US authorities involved in the investigation such as the FBI have been hampered seriously by the woeful law enforcement situation across Libya — also the reason it took this long to bring charges against at least some of those involved in that infamous assault.

Such difficulties should come as no surprise. In a country flush with competing local and regional identities as well as all manner of weaponry in the hands of various armed groups, Benghazi alone has been hit with a wave of political killings over the past couple of weeks. Those murdered include judicial officials, lawyers, political activists, a senior police official and other members of the Libyan security services. Most recently, on August 9, the anchor of a popular Benghazi TV show was assassinated. Many of the victims spoke out against or sought to curb the power of local militias. At the end of July, there also were two bombings — one near a courthouse and the other close to a Justice Ministry office. Some of these incidents have triggered demonstrations or attacks by angry mobs against sites associated with Benghazi-based armed groups presumed responsible, in one case, the Muslim Brotherhood.

Another glaring example of central government weakness came shortly after the attack on the offices of the Muslim Brotherhood: a riot inside and around Benghazi’s al-Kwafiya Prison that resulted in the breakout of roughly 1,200 prisoners. Most escaped inmates were accused of serious crimes or had been associated with the Qadhafi Regime; intervention to contain the situation by government special forces apparently had relatively little effect. The mass escape most likely reinforced the determination of autonomous local authorities and militias not to turn over their prisoners to the government.

Despite the unrest, the unexpectedly rapid rebound of Libya’s oil export capabilities had been one major success. Yet, since July, a wave of protests and strikes by oil workers and guards has shut down two key oil export terminals, Libya’s largest refinery, and threatened to reduce production at inland oil fields. Oil exports for July were down 20 percent; so far August exports are down a staggering 50 percent. Workers are reacting to management and pay issues.

A resolution to this crisis does not yet seem imminent, in part because Oil Minister Abelbari al-Arusa initially took a defiant stance. Now, however, Prime Minister Zeidan has warned that Libya’s national budget is imperiled, and there are talks. In fact, the two terminals re-opened over the weekend, only to close only hours later today without any oil being lifted. Meanwhile, foreign investors already reluctant to inject money into an unstable Libya have been further shaken.

The overriding question at this point may not be how a way out of this maelstrom can be charted, but whether any truly game-changing progress can be made in the near-term. Most all Libya’s challenges today are deeply enmeshed in the complex fractured politics of a country with the least developed sense of national identity and civil society among the five key Arab North African states. So the ability of the international community to help is limited (compounded by drawdowns in diplomatic personnel and curtailed travel inside Libya in view of the dangers now posed by serving there).

Consequently, there is the very real possibility Libya could remain unstable for quite a while. Such a situation would, of course, continue to provide havens for extremist elements both foreign and domestic stemming from exceedingly weak, insufficiently coherent and geographically constrained national governance (as with the recent al-Qaeda in the Islamic Maghreb intrusions into southeast Libya and last year’s Benghazi consulate assault).

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AIPAC Directs Congressional Punishment of Palestinians After UN Vote http://www.ips.org/blog/ips/aipac-directs-congressional-punishment-of-palestinians-after-un-vote/ http://www.ips.org/blog/ips/aipac-directs-congressional-punishment-of-palestinians-after-un-vote/#comments Fri, 30 Nov 2012 15:15:47 +0000 Mitchell Plitnick http://www.ips.org/blog/ips/aipac-directs-congressional-punishment-of-palestinians-after-un-vote/ via Lobe Log

The US government has swept into action in the aftermath of the Palestinians’ overwhelming victory at the United Nations on Thursday. No less than three amendments were brought in the Senate, to be attached to the National Defense Authorization Act (NDAA) — a bill which has nothing to do [...]]]> via Lobe Log

The US government has swept into action in the aftermath of the Palestinians’ overwhelming victory at the United Nations on Thursday. No less than three amendments were brought in the Senate, to be attached to the National Defense Authorization Act (NDAA) — a bill which has nothing to do with Israel and the Palestinians, but is a high-priority bill that the Senate must pass, and as such is a perfect target for frivolous amendments).

Two of the amendments are purely partisan and with a Republican minority in the Senate, they are unlikely to pass. The third, however, is bipartisan and the leading Democrat sponsoring it is Charles Schumer (D-NY) whose position as the Democrats’ lead fundraiser means he gets his senate colleagues’ attention. The partisan amendments are somewhat more draconian than the bipartisan one, which will make the bipartisan amendment look relatively moderate, thereby increasing the chances of its passage.

Along with Schumer, the amendment is sponsored by Lindsey Graham (R-SC), John Barrasso (R-WY) and Bob Menendez (D-NJ). It calls for the closure of the Palestine Liberation Organization’s (PLO) office in the US unless the Palestinians return to talks with Israel. No timeframe is given for the return to talks, nor is there any mention of anything Israel must do to make that return politically feasible for the Palestinians. This amounts to an attempt to force the Palestinians back into talks on Bibi Netanyahu’s terms, which, as I explain here, would be political suicide for the Palestinian Authority (PA).

The more important clause, however, would end all aid — with no provision for a presidential national security waiver — to the Palestinian Authority if it or any entity “that purports to represent the interests of the Palestinian people” should ever bring a case, or even support one brought by someone else, that the International Criminal Court (ICC) adjudicates. Access to the ICC is the biggest tangible gain the Palestinians got from their upgraded UN status, and this amendment is an attempt to ensure that it is useless. Significantly, according to the way the amendment is written, the aid cutoff would be automatically triggered even if the Palestinians support another case or if some other entity brings a case on the Palestinians’ behalf.

This may be only the beginning of legislative activism aimed at punishing the Palestinians for their UN move. The American-Israel Public Affairs Committee (AIPAC) also issued a memo that echoed the condemnation of the Palestinian action from US officials starting with President Obama; painted an extremely distorted picture of the circumstances around and meaning behind the PLO’s move; and made a list of “recommendations” for the US government to follow. These include pressuring Mahmoud Abbas to refrain from similar actions in the future, “…demonstrate to the PLO that unconstructive unilateral actions have consequences;” close the PLO office in DC; and threaten aid to the Palestinians.

It’s standard procedure for such bills that AIPAC be at least consulted on its contents and this certainly would have been the case for a response to the UN vote. The presence of AIPAC talking points in the bill leaves little doubt about its influence; the fact that AIPAC’s own statement is much broader implies this is not the end of such legislation. In announcing their memo, Ron Kampeas at the Jewish Telegraphic Agency reports that AIPAC in fact called for a “full review” of the U.S. relationship with the PLO.

AIPAC tries to push a point frequently made in the run-up to the UN vote — that Congress will cut off all aid to the PA if the PLO pursues gains at the UN. In fact, Congress has only mandated such cut-off if Palestine becomes a full member state of the UN, something the US can easily prevent because it requires Security Council certification. Still, it is clear that AIPAC is determined to punish the Palestinians in some way. Whether or not they are willing to risk the PA’s collapse — something the Obama Administration certainly wants to avoid, as does, quite likely, the Netanyahu government (at least currently) – remains to be seen.

Even granting that there was a good deal of lead time before the UN vote, it’s still worth noting how quickly Congress jumped to respond. It would be nice if they were so quick to respond to matters that are far more pertinent to US citizens, like, oh, the “fiscal cliff” for example. Maybe we can get AIPAC to push them on that.

- Mitchell Plitnick is the former Co-Director of Jewish Voice for Peace and former Director of the US Office of B’Tselem. You can follow him on Twitter at @MitchellPlit or at his blog, The Third Way.

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The Daily Talking Points http://www.ips.org/blog/ips/the-daily-talking-points-39/ http://www.ips.org/blog/ips/the-daily-talking-points-39/#comments Fri, 24 Sep 2010 20:42:47 +0000 Ali Gharib http://www.lobelog.com/?p=3927 News and views relevant to U.S.-Iran relations for September 24:

Washington Post: In an article focused on President Barack Obama’s address to the UN, Scott Wilson leads with  Obama’s reaction to Iranian President Mahmoud Ahmadinejad’s insinuation that the U.S. government played a role in the terror attacks of September 11, 2001. Obama told [...]]]>
News and views relevant to U.S.-Iran relations for September 24:

  • Washington Post: In an article focused on President Barack Obama’s address to the UN, Scott Wilson leads with  Obama’s reaction to Iranian President Mahmoud Ahmadinejad’s insinuation that the U.S. government played a role in the terror attacks of September 11, 2001. Obama told BBC Persian, which broadcasts into Iran, Ahmadinejad’s remarks were “offensive”, “hateful” and unacceptable:  ”Particularly for him to make the statement here in Manhattan, just a little north of Ground Zero, where families lost their loved ones, people of all faiths, all ethnicities who see this as the seminal tragedy of this generation, for him to make a statement like that was inexcusable.”
  • Huffington Post: In a Q&A with Shaun Jacob Halper, leading non-proliferation expert Mark Fitzpatrick says he is convinced that Iran wants a nuclear weapons “capability” if not the weapons themselves. Fitzpatrick answers questions on whether there is a legal and moral double standard applied to the nuclear programs of Israel and Iran (legally, says Fitzpatrick, Israel is not party to the Non-Proliferation Treaty, but morally the answer is more murky); grades Obama and German Chancellor Angela Merkel on how they deal with Iran (both A’s); and on the viability of a sanctions regime and negotiations. While Iran does not have an “apocalyptic worldview” and is not “irrational,”  he’s not sure if the Iranians are “appeasable” if the desire for “a nuclear weapons capability [is] more than anything else.” He concludes, “And if so than no, they are not appeasable.”
  • National Review Online: Anne Bayefsky, a senior fellow at the neoconservative Hudson Institute, compares the speeches of Ahmadinejad and Obama at the UN General Assembly. She writes Obama extended his hand for diplomacy with Iran and used his speech to corner Israel. “Ahmadinejad got the message,” she contends, adding that “Israel is vulnerable with President Obama in office, and Iran has no serious reason to believe that hate and terror will be on the losing end any time soon.” She said the speeches demonstrate that Obama “does not understand the threat facing America and the world from Iran,” and that “Ahmadinejad, therefore, took the opportunity provided by the U.N. to slam the door once more in President Obama’s face.”
  • Commentary:  Jennifer Rubin contrasts President Obama’s UN speech, which she labels “namby-pamby” for its failure to detail military options, with the current push by the far-right Christians United for Israel (CUFI) and a group of House Republicans to escalate measures — including a military strike — against Iran. CUFI’s video accuses Ahmadinejad of committing “incitement to genocide” and urges his prosecution by the International Criminal Court. (Eli has written about the hypocrisy of this tack from right-wing supporters of Israel.) The letter from Republican members of the House calls for Obama to “take whatever action is necessary to prevent Iran from developing a nuclear weapon. All options must be on the table.” Rubin laments that Obama is not taking Iran’s threats seriously and that should Israel act unilaterally against Iran,  the U.S. should “stand shoulder to shoulder with Israel.”
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